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

CONTAINING THE

LAWS AND CONCURRENT RESOLUTIONS

ENACTED DURING THE SECOND SESSION OF THE

NINETY-THIRD CONGRESS

OF THE UNITED STATES OF AMERICA

1974

AND

PROCLAMATIONS

Volume 88

IN TWO PARTS

PART 1

PUBLIC LAWS 93–246 THROUGH 93–446

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON : 1976

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

For sale by the

Superintendent of Documents

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

Price $21.00 (Buckram)

Stock No. 022–002–00047–3

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

Public Laws

enacted during the

SECOND SESSION OF THE NINETY-THIRD CONGRESS

of the

UNITED STATES OF AMERICA

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

January 31, 1974

[H. R. 9256]

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

Federal employees health benefits.

Government contribution, increase.

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

Limitation.

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

5 USC 8905 note.

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

5 USC 8901.

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

Effective dates.

5 USC 8906 note.

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

5 USC 8905 note.

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

5 USC 8902 note.

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

Effective date.

5 USC 8906 note.

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

January 31, 1974

[S. 1191]

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

Child Abuse Prevention and Treatment Act.

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

Establishment.

42 USC 5101.

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

Annual research summary.

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

Information clearinghouse.

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

Study.

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

42 USC 5102.

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

Grants and contracts.

42 USC 5103.

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

Grants to States.

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

42 USC 601, 620.

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

42 USC 5104.

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

42 USC 5105.

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

Membership.

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

Functions.

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

Report to President and Congress.

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

42 USC 5106.

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

February 5, 1974

[S. 1070]

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

Intervention on the High Seas Act.

33 USC 1471 note.

Definitions.

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

33 USC 1472.

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

33 USC 1473.

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

33 USC 1474.

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

33 USC 1475.

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

Consultation.

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

Notification.

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

33 USC 1476.

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

33 USC 1477.

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

33 USC 1478.

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

Compensation.

33 USC 1479.

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

Jurisdiction.

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

Notification.

33 USC 1480.

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

Violations.

33 USC 1481.

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

Penalty.

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

Experts, nomination.

33 USC 1482.

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

Negotiators, conciliators, or arbitrators, designation or nomination.

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

33 USC 1483.

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

33 USC 1484.

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

Rules and regulations.

33 USC 1485.

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

33 USC 1486.

33 USC 1321.

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

Effective date.

33 USC 1487.

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

February 8, 1974

[S. J. Res 185]

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

ICC.

Fuel price increases, trucker reimbursement.

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

March 2, 1974

[S. 37]

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

OMB.

Director and Deputy Directory Senate confirmation requirement

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

Effective dates.

31 USC 16 note.

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

March 7, 1974

[H. R. 10203]

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

Water resources development; river basin monetary authorizations.

Water Resources Development Act of 1974.

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

March 16, 1974

[H. J. Res 905]

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

Economic report.

Time extension.

15 USC 1022.

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

March 16, 1974

[H. R. 8245]

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

Reorganization Plan No. 2 of 1973, amendments.

5 USC app. II.

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

Effective date.

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

March 22, 1974

[H. R. 5450]

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

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

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

33 USC 1402.

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

“Convention.”

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

Prohibited acts.

33 USC 1411.

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

33 USC 1412, 1413.

33 USC 1418.

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

33 USC 1412.

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

Effective dates.

33 USC 1412 note.

33 USC 1401 note.

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

March 27, 1974

[S. 2315]

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

Senate committee employees.

Compensation.

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

Congress, franked mail.

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

2 USC 501.

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

2 USC 502.

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

March 28, 1974

[H. R. 13025]

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

Presumptive disability benefits.

Time extension.

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

42 USC 1383.

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

42 USC 1381.

42 USC 1382 note.

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

26 USC 3304 note.

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

March 29, 1974

[S. 3228]

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

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

37 USC 406 note.

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

Deceased Vietnam POW’s and MIA’s.

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

Eligible family members.

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

April 2, 1974

[H. R. 5236]

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

Utah County, Utah.

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

Boundaries.

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

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

Administrative costs.

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

Application.

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

“Administrative costs.”

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

April 8, 1974

[S. 2747]

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

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

29 USC 201 note.

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

29 USC 206.

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

29 USC 1681.

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

29 USC 206.

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

29 USC 205.

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

Infra.

29 USC 208.

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

29 USC 206.

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

Ante, p. 56.

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

Infra.

section 8) fixing a higher minimum wage rate.”

29 USC 208.

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

Ante, p. 55.

Ante, p. 56.

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

29 USC 210.

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

“Employer.”

29 USC 203.

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

“Employee.”

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

“Industry.”

29 USC 203.

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

29 USC 203.

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

“Public agency.”

29 USC 203.

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

29 USC 204.

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

29 USC 216.

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

29 USC 207.

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

Effective date.

Supra.

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

Effective date.

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

Effective date.

Ante, p. 60.

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

Ante, p. 58.

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

29 USC 213.

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

Effective date.

29 USC 213 note.

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

Supra.

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

Studies.

29 USC 213 note.

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

Supra.

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

Publication in Federal Register.

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

29 USC 216.

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

Statute of limitation, suspension.

29 USC 255.

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

Supra.

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

29 USC 260.

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

29 USC 202.

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

29 USC 206.

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

42 USC 409.

42 USC 401.

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

Ante, p. 55.

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

Ante, p. 60.

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

29 USC 213.

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

Ante, p. 61.

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

Effective date.

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

Effective date.

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

Effective date.

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

Supra.

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

29 USC 207.

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

Repeal.

29 USC 213.

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

Repeal.

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

Supra.

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

Ante, pp, 55, 60.

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

Effective date.

Supra.

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

Repeal; effective date.

Ante, p. 63.

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

29 USC 213.

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

Effective date.

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

Repeal; effective date.

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

29 USC 207.

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

Supra.

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

Effective date.

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

Effective date.

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

Repeal; effective date.

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

29 USC 203.

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

29 USC 213.

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

Effective date.

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

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

Effective date.

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

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

Ante, p. 63.

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

29 USC 213.

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

Ante, p. 55.

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

Ante, p. 59.

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

29 USC 207.

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

Effective date.

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

Effective date.

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

Repeal; effective date.

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

Ante, p. 65.

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

Effective date.

Ante, p. 66.

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

Effective date.

Supra.

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

Ante, p. 66.

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

Effective date.

Supra.

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

Effective date.

Ante, p. 67.

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

Ante, p. 62.

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

29 USC 213.

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

Effective date.

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

Repeal; effective date.

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

Ante, p. 66.

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

Supra.

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

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

Repeal.

29 USC 213.

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

Ante, p. 67.

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

Repeal.

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

29 USC 214.

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

Ante, p. 55.

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

Ante, p. 55.

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

Ante, p. 56.

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

29 USC 206.

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

“Student hours of employment.”

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

Ante, p. 56.

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

29 USC 206.

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

Regulations.

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

Ante, p. 69.

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

Ante, pp. 60, 68.

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

29 USC 204.

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

Ante, p. 69.

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

29 USC 212.

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

29 USC 213.

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

Supra.

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

Ante, p. 56.

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

29 USC 216.

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

Penalty.

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

29 USC 215.

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

29 USC 216.

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

Ante, pp. 55, 68.

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

Ante, p. 72.

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

Ante, p. 72.

Ante, p. 66.

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

Report to Congress.

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

Reports to Congress.

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

Ante, p. 69.

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

‘Employee.”

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

29 USC 634.

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

29 USC 621 note, 634.

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

29 USC 633.

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

29 USC 633a.

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

Enforcement.

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

Reports.

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

Civil actions.

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

29 USC 202 note.

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

29 USC 202 note.

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

April 9, 1974

[S. 2174]

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

Civil Service retirement system.

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

Annuity computation.

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

Effective date.

5 USC 8339 note.

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

April 11, 1974

[H. J. Res. 941]

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

Veterans Administration.

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

April 12, 1974

[S. 1341]

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

Indian Financing Act of 1974.

25 USC 1451 note.

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

25 USC 1451.

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

25 USC 1452.

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

43 USC 1602.

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

25 USC 1453.

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

April 12, 1974

[H. R. 12465]

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

Foreign Service Buildings Act, 1926, amendments.

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

April 12, 1974

[H. R. 12431]

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

State Department.

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

22 USC 300.

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

Federal employees, office space, availability.

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

April 12, 1974

[S. 969]

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

Indians.

Constitutional rights, publication of materials.

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

April 12, 1974

[S. 1836]

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

American Hospital of Paris.

Board of Governors, membership.

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

April 12, 1974

[S. 2441]

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

American War Mothers.

Membership, extension.

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

April 17, 1974

[H. R. 6186]

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

D.C.

Corporate taxation.

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

12 USC 1841 note.

12 USC 1841 note.

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

Effective date.

D.C. Code 47–1580 note.

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

87 Stat. 821.

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

D.C. Code 1–1101 note.

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

Termination date.

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

D.C. Code 121 note.

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

5 USC 7324 note.

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

5 USC app.

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

Repeal.

87 Stat. 831.

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

April 18, 1974

[H. R. 12253]

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

Office of Education.

Funds, carry-over.

20 USC 1226 note.

Definition.

20 USC 1221 note.

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

Student loans, interest subsidy payments.

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

20 USC 1078.

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

Qualifications.

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

Definitions.

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

20 USC 1070, 1087a, 1088.

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

Administrative cost allowance.

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

Students, financial evaluation.

Ante, p. 87.

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

20 USC 1078.

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

20 USC 1078a.

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

Effective date.

20 USC 1078 note.

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

April 22, 1974

[S. 1745]

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

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

42 USC 300c–11 note.

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

42 USC 289d.

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

42 USC 241.

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

42 USC 289g.

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

Reports to congressional committees.

42 USC 289g note.

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

42 USC 201 note.

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

Funds, estimate, transmittal to congressional committees.

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

42 USC 300b.

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

42 USC 300c–11.

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

Grants.

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

Applications.

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

Payments.

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

41 USC 5.

Appropriation.

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

Reports to congressional committees.

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

April 22, 1974

[H. R. 13542]

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

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

Effective date.

16 USC 742 note.

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

April 24, 1974

[H. R. 12109]

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

D.C.

Advisory neighborhood councils.

Referendum clarification.

D.C. Code 1–121 note.

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

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

April 26, 1974

[S. 1866]

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

Federal employees.

Annuity increases.

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

42 USC 401.

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

Separations prior to October 20, 1969.

5 USC 8339 note.

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

5 USC 8341 note.

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

S USC 8345 note.

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

Effective date.

5 USC 8345 note.

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

May 6, 1974

[S. 2770]

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

Uniformed services.

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

37 USC 302.

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

37 USC 302b.

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

37 USC 311.

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

37 USC 313.

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

Regulations.

Termination; refunds.

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

Regulations.

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

Report to congressional committees.

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

Effective and expiration dates.

37 USC 302 note.

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

May 7, 1974

[H. R. 11793]

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

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

15 USC 761 note.

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

15 USC 761.

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

15 USC 762.

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

15 USC 763.

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

Compensation.

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

Functions.

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

Delegation.

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

Deputy Administrators.

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

Assistant Administrators.

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

General Counsel.

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

5 USC 101 et seq.

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

Conflict of interest.

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

Report to Congress.

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

Publication in Federal Register.

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

15 USC 764.

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

Propane gas prices.

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

Transfer of functions.

15 USC 765.

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

Attorneys.

15 USC 766.

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

5 USC 5101.

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

5 USC 101 et seq.

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

Experts and consultants.

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

5 USC 5332 note.

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

Rules and regulations.

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

Cost of Living Council, notification.

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

Comments.

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

Publication.

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

Review, waiver.

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

Interagency cooperation.

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

Seal.

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

Gifts, acceptance.

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

Contract authority.

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

5 USC 551.

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

Publication in Federal Register.

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

Comments.

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

Public notice, publication.

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

Views, oral presentation.

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

Review.

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

Hearing.

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

Public information.

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

Judicial review.

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

15 USC 751 note.

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

Jurisdiction.

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

28 USC 1441.

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

15 USC 767.

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

Litigation.

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

Judicial review.

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

15 USC 768.

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

15 USC 769.

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

15 USC 770.

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

5 USC 5301.

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

Duties.

15 USC 771.

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

Report to Congress.

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

Reports, availability.

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

15 USC 772.

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

Investigations.

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

Subpena.

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

U.S. Government-owned lands.

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

15 USC 773.

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

15 USC 78m, 78o.

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

Guidelines.

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

Report to Congress.

15 USC 774.

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

Report to President and Congress.

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

Report to President and Congress.

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

Citizen fuel use, summer guidelines.

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

Interim reports to Congress.

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

15 USC 775.

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

42 USC 2000d.

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

15 USC 776.

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

Meetings.

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

Reports, availability.

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

5 USC app. I.

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

15 USC 777.

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

Energy actions, economic impact, monitors.

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

Report to Congress.

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

15 USC 778.

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

Report to Administrator.

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

15 USC 779.

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

Report to Congress and State governments.

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

Report to the public, State governments and Congress.

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

Comments.

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

Energy shortages, status reports.

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

Information clearinghouse.

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

Technical assistance.

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

Conferences.

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

Model legislation.

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

Grant criteria.

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

Establishment.

15 USC 780.

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

Petition.

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

Report to Congress.

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

Recommendations to Congress.

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

Report to President and Congress.

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

15 USC 781.

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

Report to Congress.

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

15 USC 782.

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

“Petrochemical.”

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

15 USC 783.

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

Lists, transmittal to Congress.

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

File maintenance.

15 USC 784.

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

Review.

15 USC 785.

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

Report to Congress.

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

15 USC 761 note.

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

15 USC 786.

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

15 USC 761 note.

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

15 USC 761 note.

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

May 10, 1974

[S. 3292]

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

Atomic Energy Commission.

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

42 USC 2017.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 88 Stat. 117 (6) Physical Research.—

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

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

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

 (7) Biomedical and Environmental Research and Safety.—

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

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

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

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

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

42 USC 2017.

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

42 USC 2017.

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

Construction design services.

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

Transfer of sums.

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

Transfer of amounts.

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

80 Stat. 162; 81 Stat. 126.

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

87 Stat. 145.

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

84 Stat. 300; 87 Stat. 145.

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

31 USC 665.

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

86 Stat. 222.

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

87 Stat. 143.

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

Public Law 91–44, as amended, is further

83 Stat. 46; 86 Stat. 225.

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

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

 (b)

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

85 Stat. 304.

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

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

 (c)

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

86 Stat. 224.

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

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

May 10, 1974

[S. 2771]

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

Armed Forces Enlisted Personnel Bonus Revision Act of 1974.

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

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

37 USC 312a.

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

Payment.

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

37 USC 205.

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

Expiration date.

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

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

Payment.

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

Regulations.

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

Expiration date.

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

37 USC 308 note.

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

Effective date.

37 USC 308 note.

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

May 10, 1974

[S. 1647]

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

Environmental Education Amendments of 1974.

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

20 USC 1233g.

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

Appropriation.

20 USC 1536.

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

20 USC 1531.

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

20 USC 1532.

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

May 10, 1974

[H. R. 9492]

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

Wild and Scenic Rivers Act, amendments.

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

16 USC 1274.

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

Appropriation.

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

16 USC 1275.

 the following:
“Sec. 4. (a)

The Secretary of the Interior or, where national forest

Studies, submittal to President.

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

Report to Congress.

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

16 USC 1276.

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

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

Printing as Senate or House document.

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

16 USC 1278.

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

Notification to congressional committees.

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

Publication in Federal Register.

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

16 USC 1286.

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

Appropriation.

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

Ante, p. 122.

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

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

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

Rio Grande, New Mexico, $253,000;

Rogue, Oregon, $12,447,200;

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

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

Wolf, Wisconsin, $142,150.

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

Expiration date.

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

May 10, 1974

[H. R. 8101]

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

Bureau of sport Fisheries and Wildlife.

Federal agency loan of personnel and equipment.

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

“Agency.”

16 USC 743a.

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

Report to Congress.

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

May 14, 1974

[S. 1115]

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

Narcotic Addict Treatment Act of 1974.

21 USC 802 note.

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

Practitioners, narcotic drug dispensation, annual registration.

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

Qualifications.

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

21 USC 827.

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

Suspension or revocation.

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

21 USC 823.

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

May 14, 1974

[S. 1125]

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

Alcoholism and alcohol abuse programs.

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

May 14, 1974

[H. R. 9293]

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

Coast Guard.

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

14 USC 214.

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

14 USC 658.

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

14 USC 760.

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

14 USC 765.

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

Effective dates.

14 USC 214 note.

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

May 16, 1974

[S. 2509]

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

W. Turner Wallis Pumping Station, Fla.

Designation.

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

May 21, 1974

[H. R. 5525]

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

Indians.

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

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

30 USC 181 note.

25 USC 396a.

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

Leases, royalties.

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

Deposits.

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

Mineral lease applications, rejections.

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

May 21, 1974

[H. R.5035]

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

Spokane Indian Reservation, Wash.

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

Nontaxable trust lands.

25 USC 487.

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

May 21, 1974

[S. 3304]

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

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

Indemnification agreement.

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

May 22, 1974

[S. 3062]

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

Disaster Relief Act of 1974.

42 USC 5121 note.

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

May 24, 1974

[H. R. 6574]

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

Veterans’ Insurance Act of 1974.

38 USC 723 note.

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

Repeals.

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

and inserting in lieu thereof the following:

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

“Member.”

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

10 USC 1331.

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

10 USC 1331.

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

Persons insured; amount.

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

38 USC 766.

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

Ante, p . 165.

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

Automatic conversion.

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

Coverage, duration and termination.

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

Ready Reserves.

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

Ante, p , 165.

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

10 USC 1331.

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

Post, p. 169.

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

38 USC 766.

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

Retired Reserves.

Ante, p 165.

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

Conversion.

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

Ante, p. 166.

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

Post, p. 169.

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

Supra.

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

Ante, p. 166.

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

Post, p. 169.

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

Repeal.

38 USC 768.

38 USC 768 note.

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

Deductions.

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

38 USC 766.

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

Ready Reserves.

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

Ante, p. 165.

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

Revolving fund, payments.

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

Retired Reserves.

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

Ante, p 165.

38 USC 771.

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

38 USC 766.

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

Beneficiaries.

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

Ante, p. 165.

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

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

38 USC 777.

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

Conversion.

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

Premiums.

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

38 USC 771.

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

38 USC 766.

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

Death payments.

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

Ante, p. 169.

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

Conversion.

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

Participating life insurance companies, list.

38 USC 766.

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

38 USC 771.

Separate accounting procedures.

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

Servicemen’s Group Life Insurance, conversion.

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

Service-connected disability, waiver.

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

Contribution.

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

Appropriation.

 purpose of this section are hereby authorized.
Ҥ778. Reinstatement

38 USC 778.

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

38 USC 779.

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

38 USC 773.

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

38 USC 765.

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

38 USC 769.

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

38 USC 774.

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

37 USC 707.

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

37 USC 204, 206.

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

Liability.

37 USC 707 note.

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

Effective dates.

38 USC 723 note.

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

38 USC 765 note.

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

38 USC 767 note.

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

38 USC 768 note.

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

May 24, 1974

[H. R. 3418]

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

Armed Forces.

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

May 24, 1974

[S. 514]

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

Historical and archeological data , preservation.

Extension to Federal or federally assisted projects.

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

16 USC 469a.

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

16 USC 469a–1.

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

Notification.

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

Data recovery, agency requests.

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

Reports, copies; availability.

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

Survey.

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

Construction delays, compensation.

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

16 USC 469a–2.

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

Emergency projects.

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

Initiation.

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

Construction delays, compensation.

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

16 USC 469a.

16 USC 469a–3.

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

16 USC 469a–3.

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

Coordination.

Annual report to congressional committees.

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

16 USC 469b.

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

Experts and consultants.

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

Funds, acceptance.

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

Funds, transfer.

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

Appropriation.

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

May 28, 1974

[H. R. 5621]

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

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

U.S. flag, presentation.

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

May 31, 1974

[S. 3398]

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

Veterans’ educational assistance.

Time extension.

38 USC 1662 note.

38 USC 1651.

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

May 31, 1974

[H.R. 12670]

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

Aviation Career Incentive Act of 1974.

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

37 USC 301.

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

Repeal.

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

37 USC 301a.

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

Operational or proficiency flying.

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

Regular and reserve officers.

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

Coast Guard officers.

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

Definitions.

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

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

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

“Aviation service.”

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

Wartime, payment suspension.

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

37 USC 206.

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

Report to Congress.

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

Proficiency flying.

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

Hazardous duty pay.

37 USC 301a note.

Ante, p. 177.

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

37 USC 301.

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

Ante, p. 177.

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

Annual report, public release.

37 USC 301a note.

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

Effective date.

37 USC 301a note.

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

May 31, 1974

[S. 3072]

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

Veterans Disability Compensation and Survivor Benefits Act of 1974.

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

May 31, 1974

[S. 775]

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

Research on Aging Act of 1974.

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

42 USC 289k–2 note.

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

Ante, p. 135.

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

42 USC 289k–2.

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

Establishment.

42 USC 289k–3.

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

42 USC 289b.

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

42 USC 289k–4.

42 USC 241.

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

42 USC 241.

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

Traineeships and fellowships, establishment.

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

Expense allowances.

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

Personnel, training.

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

Scientific studies.

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

Public information and education programs.

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

42 USC 289k–5.

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

Plan, transmittal to Congress and President.

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

June 1, 1974

[H. R. 6541]

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

Clarendon County S.C.

Mineral interests, conveyance.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

88 Stat. 188

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

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

Administrative costs, payment.

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

Application, filing date.

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

“Administrative costs.”

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

June 1, 1974

[S. 2835]

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

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

Designation.

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

June 1, 1974

[H. R. 6542]

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

Clarendon County, S.C.

Mineral interests, conveyance.

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

Administrative costs, payment.

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

Application, filing date.

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

“Administrative costs.”

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

June 1, 1974

[H. R. 10942]

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

Migratory Bird Treaty Act, amendments.

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

U.S.-Japanese convention terms, addition.

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

Effective date.

16 USC 703 note.

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

June 1, 1974

[H. R. 10284]

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

Marion County, Fla.

Phosphate deposits, conveyance.

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

Administrative costs, payments.

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

Application, filing date.

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

“Administrative costs.”

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

June 1, 1974

[H. R. 12920]

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

Peace Corps Act, amendments.

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

Salary and benefits, increase.

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

June 7, 1974

[S. 2844]

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

Federal recreation areas

Fees.

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

16 USC 460l–5a.

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

Lifetime admission permit.

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

Rules and regulations.

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

16 USC 460l–6a.

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

16 USC 460l–8.

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

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

42 USC 4623‒4626.

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

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

June 8, 1974

[S. 2662]

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

International Ocean Exposition Appropriations Authorization Act of 1973.

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

June 8, 1974

[H. R. 14013]

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

Second Supplemental Appropriations Act, 1974.

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

June 8, 1974

[H. R. 11223]

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

Vessels.

Exchange contracts, amendment.

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

81 Stat. 581.

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

June 8, 1974

[H. R. 12565]

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

Department of Defense Supplemental Appropriation Authorization Act, 1974.

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

June 8, 1974

[H. R. 12925]

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

Commerce Department maritime programs.

Appropriation authorization.

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

June 8, 1974

[H. R. 1817]

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

J. Edgar Hoover.

Commemorative medals.

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

Cost.

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

June 8, 1974

[H. R. 8215]

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

Copying shoe lathes.

Duty suspension, extension.

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

19 USC 1202 note.

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

19 USC 1514.

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

Exempt organizations.

26 USC 501.

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

26 USC 170.

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

26 USC 115.

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

26 USC 501 note.

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

June 8, 1974

[S. 1752]

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

National Commission on Productivity and Work Quality.

15 USC 1026.

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

Objectives.

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

Functions.

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

Publicity and promotion.

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

Areas of concentration.

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

Experts and consultants.

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

Gifts, acceptance.

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

Report to President and Congress.

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

Appropriation.

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

June 8, 1974

[H. R. 12466]

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

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

22 USC 2655a.

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

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

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

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

Repeal.

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

June 8, 1974

[H. R. 10972]

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

Wildlife restoration projects.

Funds, extension.

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

16 USC 669b note, 669c note.

26 USC 4161 note.

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

June 8, 1974

[S. 3373]

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

Congressional Record.

Sale and distribution.

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

Price.

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

Postage rates.

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

June 22, 1974

[H. R. 13839]

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

International Economic Policy Act of 1972, amendment.

22 USC 2849.

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

June 22, 1974

[H. R. 13998]

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

National Aeronautics and Space Administration Authorization Act, 1975.

Research and development.

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

Construction of facilities.

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

Research and program management.

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

Program specifications.

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

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

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

Scientific consultations or extraordinary expenses.

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

Limitations.

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

87 Stat. 171.

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

Unappropriated 1974 funds, expiration date.

Cost variations, authority of Administrator.

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

Unforeseen program changes, transfer of research funds to construction.

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

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

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

Use of funds, restriction.

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

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

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

Research funds, geographical distribution.

42 USC 2459 note.

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

5 USC 5332 note.

Satellite services, contract authorization.

42 USC 2463.
Sec. 7. The National Aeronautics and Space Administration is authorized, when so provided in an appropriation Act, to enter into a contract for tracking and data relay satellite services. Such services shall be furnished to the National Aeronautics and Space Administration in accordance with applicable authorization and appropriation Acts. The Government shall incur no costs under such contract prior to the furnishing of such services except that the contract may provide for the payment for contingent liability of the Government which may accrue in the event the Government should decide for its convenience to terminate the contract before the end of the period of the contract. Title to any facilities which may be required in the performance of the contract and constructed on Government-owned land shall vest in the United States upon the termination of the contract. The Administrator

Report to congressional commitees.

 shall in January of each year report to the Committee on Science and Astronautics and the Committee on Appropriations of the House of Representatives and the Committee on Aeronautical and Space Sciences and the Committee on Appropriations of the Senate the projected aggregate contingent liability of the Government under88 Stat. 244 termination provisions of any contract authorized in this section through the next fiscal year. The authority of the National Aeronautics and Space Administration to enter into and to maintain the contract authorized hereunder shall remain in effect as long as provision therefor is included in Acts authorizing appropriations to the National Aeronautics and Space Administration for subsequent fiscal years.
Sec. 8. This Act may be cited as the “National Aeronautics and

Short title.

 Space Administration Authorization Act, 1975”.
Approved June 22, 1974.
Public Law 93–317: Authorizing the Secretary of the Army to receive for instruction at the United States Military Academy one citizen of the Kingdom of Laos. Public Law 317 88 Stat. 244 1974-06-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–317
Joint Resolution Authorizing the Secretary of the Army to receive for instruction at the United States Military Academy one citizen of the Kingdom of Laos.

June 22, 1974

[S. J. Res. 206]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary of the

U.S. Military Academy.

Laotian citizen, attendance.

 Army is authorized to permit within 18 months after the date of enactment of this joint resolution, one person, who is a citizen of the Kingdom of Laos, to receive instruction at the United States Military Academy, but the United States shall not be subject to any expense on account of such instruction.
Sec. 2. Except as may be otherwise determined by the Secretary of the Army, the said person shall, as a condition to receiving instruction under the provisions of this joint resolution, agree to be subject to the same rules and regulations governing admission, attendance, discipline, resignation, discharge, dismissal, and graduation, as cadets at the United States Military Academy appointed from the United States, but he shall not be entitled to appointment to any office or position in the Armed Forces of the United States by reason of his graduation from the United States Military Academy, or subject to an oath of allegiance to the United States of America.
Approved June 22, 1974.
Public Law 93–318: To prevent the unauthorized manufacture and use of the character “Woodsy Owl”, and for other purposes. Public Law 318 88 Stat. 244 1974-06-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–318
An Act To prevent the unauthorized manufacture and use of the character “Woodsy Owl”, and for other purposes.

June 22, 1974

[S. 1585]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

“Woodsy Owl” and “Smokey Bear.”

Unauthorized use, prevention.

Definitions.

31 USC 488b–3.
Section 1. As used in this Act— (1) the term “Woodsy Owl” means the name and representation of a fanciful owl, who wears slacks (forest green when colored), a belt (brown when colored), and a Robin Hood style hat (forest green when colored) with a feather (red when colored), and who furthers the slogan, “Give a Hoot, Don’t Pollute”, originated by the Forest Service of the United States Department of Agriculture; (2) the term “Smokey Bear” means the name and character “Smokey Bear” originated by the Forest Service of the United States Department of Agriculture in cooperation with the Association of State Foresters and the Advertising Council. 88 Stat. 245 (3) the term “Secretary” means the Secretary of Agriculture.
Sec. 2. The following are hereby declared the property of the United

31 USC 488b–4.

 States: (1) The name and character “Smokey Bear”. (2) The name and character “Woodsy Owl” and the associated slogan, “Give a Hoot, Don’t Pollute”.
Sec. 3. (a) The Secretary may establish and collect use or royalty

Royalty fees.

31 USC 488b–5.

 fees for the manufacture, reproduction, or use of the name or character “Woodsy Owl” and the associated slogan, “Give a Hoot, Don’t Pollute”, as a symbol for a public service campaign to promote wise use of the environment and programs which foster maintenance and improvement of environmental quality. (b) The Secretary shall deposit into a special account all fees collected

Special account.

 pursuant to this Act. Such fees are hereby made available for obligation and expenditure for the purpose of furthering the “Woodsy Owl” campaign.
Sec. 4. (a) Whoever, except as provided by rules and regulations

Violations subject to suit.

31 USC 488b–6.

 issued by the Secretary, manufactures, uses, or reproduces the character “Smokey Bear” or the name “Smokey Bear”, or a facsimile or simulation of such character or name in such a manner as suggests “Smokey Bear” may be enjoined from such manufacture, use, or reproduction at the suit of the Attorney General upon complaint by the Secretary. (b) Whoever, except as provided by rules and regulations issued by the Secretary, manufactures, uses, or reproduces the character “Woodsy Owl”, the name “Woodsy Owl”, or the slogan “Give a Hoot, Don’t Pollute”, or a facsimile or simulation of such character, name, or slogan in such a manner as suggests “Woodsy Owl” may be enjoined from such manufacture, use, or reproduction at the suit of the Attorney General upon complaint by the Secretary.
Sec. 5. Section 711 of title 18 of the United States Code is amended— (1) by inserting “and for profit” immediately after “knowingly”, and (2) by deleting “as a trade name or in such manner as suggests the character ‘Smokey Bear’”.
Sec. 6. Chapter 33 of title 18 of the United States Code is amended by adding after section 711 a new section, as follows:
“§711a. ‘Woodsy Owl’ character, name, or slogan

18 USC 711a.

 “Whoever, except as authorized under rules and regulations issued

Penalties.

 by the Secretary, knowingly and for profit manufactures, reproduces, or uses the character ‘Woodsy Owl’, the name ‘Woodsy Owl’, or the associated slogan, ‘Give a Hoot, Don’t Pollute’ shall be fined not more than $250 or imprisoned not more than six months, or both.”.
Sec. 7. Section 3 of the Act entitled “An Act prohibiting the manufacture or use of the character ‘Smokey Bear’ by unauthorized persons” (31 U.S.C. 488a) is amended by striking out “under the provisions of section 711 of title 18”.
Sec. 8. The table of sections of chapter 33 of title 18, United States Code, is amended by inserting immediately after the item relating to section 711 the following: “711a.
Approved June 22, 1974.
Public Law 93–319: To provide for means of dealing with energy shortages by requiring reports with respect to energy resources, by providing for temporary suspension of certain air pollution requirements, by providing for coal conversion, and for other purposes. Public Law 319 88 Stat. 246 1974-06-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 246 Public Law 93–319
An Act To provide for means of dealing with energy shortages by requiring reports with respect to energy resources, by providing for temporary suspension of certain air pollution requirements, by providing for coal conversion, and for other purposes.

June 22, 1974

[H. R. 14368]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Energy Supply and Environmental Coordination Act of 1974.

15 USC 791 note.
SECTION 1. SHORT TITLE; PURPOSE. (a) This Act, including the following table of contents, maybe cited as the “Energy Supply and Environmental Coordination Act of 1974”. TABLE OF CONTENTS Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Sec. 10. Sec. 11. Sec. 12. Sec. 13. Sec. 14. (b) The purposes of this Act are (1) to provide for a means to

15 USC 791.

 assist in meeting the essential needs of the United States for fuels, in a manner which is consistent, to the fullest extent practicable, with existing national commitments to protect and improve the environment, and (2) to provide requirements for reports respecting energy resources.
SEC. 2. COAL CONVERSION AND ALLOCATION.

15 USC 792.

 (a) The Federal Energy Administrator— (1) shall, by order, prohibit any powerplant, and

Powerplant and fuel burning installations.

 (2) may, by order, prohibit any major fuel burning installation, other than a powerplant, from burning natural gas or petroleum products as its primary energy source, if the Federal Energy Administrator determines such powerplant or installation on the date of enactment of this Act has the capability and necessary plan t equipment to burn coal, and if the requirements of subsection (b) are met. (b) The requirements referred to in subsection (a) are as follows: (1) An order under subsection (a) may not be issued with respect to a powerplant or installation unless the Federal Energy Administrator finds (A) that the burning of coal by such plant or installation, in lieu of petroleum products or natural gas, is practicable and consistent with the purposes of this Act, (B) that coal and coal transportation facilities will be available during the period the order is in effect, and (C) in the case of a powerplant, that the prohibition under subsection (a) will not impair the reliability of service in the area served by such plant. Such an order shall be rescinded or modified to the extent the Federal Energy Administrator determines that any requirement described in subparagraph (A), (B), or (C) of this paragraph is no longer met; and such an order may at any time be modified if the Federal Energy Administrator determines that such order, as modified, complies with the requirements of this section. 88 Stat. 247 (2) (A) Before issuing an order under subsection (a) which is

Public notice.

 applicable to a powerplant or installation for a period ending on or before June 30, 1975, the Federal Energy Administrator (i) shall give notice to the public and afford interested persons an opportunity for written presentations of data, views, and arguments, (ii) shall consult with the Administrator of the Environmental Protection Agency, and (iii) shall take into account the likelihood that the powerplant or installation will be permitted to burn coal after June 30, 1975. (B) An order described in subparagraph (A) of this paragraph shall not become effective until the date which the Administrator of the Environmental Protection Agency certifies pursuant to section 119(d)(1)(A) of such Act is the earliest date that such plant or installation will be able to comply with the air pollution requirements which will be applicable to it. Such order shall not be effective for any period certified by the Administrator of the Environmental Protection Agency pursuant to section 119(d)(3)(B) of such Act. (3) (A) Before issuing an order under subsection (a) which is applicable to a powerplant or installation after June 30, 1975 (or modifying an order to which paragraph (2) applies, so as to apply such order to a powerplant or installation after such date), the Federal Energy Administrator shall give notice to the public and afford interested persons an opportunity for oral and written presentations of data, views, and arguments. (B) An order (or modification thereof) described in subparagraph (A) of this paragraph shall not become effective until (i) the Administrator of the Environmental Protection Agency notifies the Federal Energy Administrator under section 119(d) (1) (B) of the Clean Air Act that such plant or installation will be

Post, p. 248.

 able on and after July 1, 1975, to burn coal and to comply with all applicable air pollution requirements without a compliance date extension under section 119(c) of such Act, or (ii) if such notification is not given, the date which the Administrator of the Environmental Protection Agency certifies pursuant to section 119 (d)(1)(B) of such Act is the earliest date that such plant or installation will be able to comply with all applicable requirements of such section 119. Such order (or modification) shall not be effective during any period certified by the Administrator of the Environmental Protection Agency under section 119(d)(3) (B) of such Act. (c) The Federal Energy Administrator may require that any

Powerplant, construction design.

 powerplant in the early planning process (other than a combustion gas turbine or combined cycle unit) be designed and constructed so as to be capable of using coal as its primary energy source. No powerplant may be required under this subsection to be so designed and constructed, if the Administrator determines that (1) to do so is likely to result in an impairment of reliability or adequacy of service, or (2) an adequate and reliable supply of coal is not expected to be available. In considering whether to impose a design and construction requirement under this subsection, the Federal Energy Administrator shall consider the existence and effects of any contractual commitment for the construction of such facilities and the capability of the owner to recover any88 Stat. 248 capital investment made as a result of any requirement imposed under this subsection. (d) The Federal Energy Administrator may, by rule or order, allocate coal (1) to any powerplant or major fuel-burning installation to which an order under subsection (a) has been issued, or (2) to any other person to the extent necessary to carry out the purposes of this Act. (e) For purposes of this section: (1) The term “powerplant” means a fossil-fuel fired electric

“Powerplant.”

 generating unit which produces electric power for purposes of sale or exchange. (2) The term “coal” includes coal derivatives.

“Coal.”

 (f) (1) Authority to Issue orders or rules under subsections (a)

Expiration and effective dates.

 through (d) of this section shall expire at midnight, June 30, 1975. Such a rule or order may take effect at any time before January 1, 1979. (2) Authority to amend, repeal, rescind, modify, or enforce such rules or orders shall expire at midnight, December 31, 1978; but the expiration of such authority shall not affect any administrative or judicial proceeding which relates to any act or omission which occurred prior to January 1, 1979.
SEC. 3. SUSPENSION AUTHORITY. Title I of the Clean Air Act is amended by adding at the end thereof

42 USC 1857.

 the following new section:
“energy-related authority
“Sec. 119. (a) For purposes of this section:

Definitions.

42 USC 1857c–10.

 “(1) The term ‘stationary source fuel or emission limitation’ means any emission limitation, schedule or timetable of compliance, or other requirement, which is prescribed under this Act (other than this section, or section 111(b), 112, or 303) or contained

42 USC 1857c–6, 1857c–7, 1857h–1.

 in an applicable implementation plan (other than a requirement imposed under authority described in section 110(a) (2)(F)(v)), and which limits, or is designed to limit, stationary source emissions resulting from combustion of fuels, including a

42 USC 1857c–5.

 prohibition on, or specification of, the use of any fuel of any type, grade, or pollution characteristic. “(2) The term ‘air pollution requirement’ means any emission limitation, schedule or timetable for compliance, or other requirement, which is prescribed under any Federal, State, or local law or regulation, including this Act (except for any requirement prescribed under subsection (c) or (d) of this section, section 110(a) (2) (F) (v), or section 303), and which limits stationary source emissions resulting from combustion of fuels (including a prohibition on, or specification of, the use of any fuel of any type, grade, or pollution characteristic). “(3) The terms ‘stationary source’ and ‘source’ have the same meaning as the term ‘stationary source’ has under section 111(a) (3); except that such terms include any owner or operator (as defined in section 111(a)(5)) of such source. “(4) The term ‘coal’ includes coal derivatives. 88 Stat. 249 “(5) The term ‘primary standard condition’ means a limitation, requirement, or other measure, prescribed by the Administrator under subsection (d)(2)(A) of this section. “(6) The term ‘regional limitation’ means the requirement of subsection (c)(2)(D) of this section. “(b) (1) (A) The Administrator may, for any period beginning on

Temporary suspension.

 or after the date of enactment of this section and ending on or before June 30, 1975, temporarily suspend any stationary source fuel or emission limitation as it applies to any person— “(i) if the Administrator finds that such person will be unable to comply with any such limitation during such period solely because of unavailability of types or amounts of fuels (unless such unavailability results from an order under section 2(a) of the Energy Supply and Environmental Coordination Act of 1974), or “(ii) if such person is a source which is described in subsection (c)(1)(A) or (B) of this section and which has converted to coal, and the Administrator finds that the source will be able to comply during the period of the suspension with all primary standard conditions which will be applicable to such source. Any suspension under this paragraph, the imposition of any interim requirement on which such suspension is conditioned under paragraph (3) of this subsection, and the imposition of any primary standard condition which relates to such suspension, shall be exempted from any procedural requirements set forth in this Act or in any other provision of Federal, State, or local law; except as provided in subparagraph (B) of this paragraph. “(B) The Administrator shall give notice to the public and afford

Public notice.

 interested persons an opportunity for written and oral presentations of data, views, and arguments prior to issuing a suspension under subparagraph (A), or denying an application for such a suspension, unless otherwise provided by the Administrator for good cause found and published in the Federal Register. In any case, before issuing such

Publication in Federal Register.

Notice to State Governor and local officials.

 a suspension, he shall give actual notice to the Governor of the State in which the affected source or sources are located, and to appropriate local governmental officials (as determined by the Administrator). The issuing or denial of such a suspension, the imposition of an interim

Judicial review.

 requirement, and the imposition of any primary standard condition shall be subject to judicial review only on the grounds specified in paragraph (2)(B), (2)(C), o r (2)(D), of section 706 of title 5, United States Code, and shall not be subject to any proceeding under section 304(a)(2) or 307 (b) and (c) of this Act.

42 USC 1857h–2, 1857h–5.

 “(2) In issuing any suspension under paragraph (1), the Administrator is authorized to act on his own motion or upon application by any person (including a public officer or public agency). “(3) Any suspension under paragraph (1) shall be conditioned

Interim requirements, compliance.

 upon compliance with such interim requirements as the Administrator determines are reasonable and practicable. Such interim requirements shall include, but need not be limited to, (A) a requirement that the persons receiving the suspension comply with such reporting requirements as the Administrator determines may be necessary, (B) such measures as the Administrator determines are necessary to avoid an imminent and substantial endangerment to health of persons, and88 Stat. 250 (C) in the case of a suspension under paragraph (1)(A)(i), requirements that the suspension shall be inapplicable during any period during which fuels which would enable compliance with the suspended stationary source fuel or emission limitations are in fact reasonably available (as determined by the Administrator) to such person. “(c) (1) Except as provided in paragraph (2) of this subsection,

Compliance date, extension.

 the Administrator shall issue a compliance date extension to any fuel-burning stationary source— “(A) which is prohibited from using petroleum products or natural gas by reason of an order which is in effect under section 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, or “(B) which the Administrator determines began conversion to the use of coal as its primary energy source during the period beginning on September 15, 1973, and ending on March 15, 1974, and which, on or after September 15, 1973, converts to the use of coal as its primary energy source. If a compliance date extension is issued to a source, such source shall not, until January 1, 1979, be prohibited, by reason of the application of any air pollution requirement, from burning coal which is available to such source, except as provided in subsection (d) (3). For purposes of this paragraph, the term ‘began

“Began conversion.”

 conversion’ means action by the source during the period beginning on September 15, 1973, and ending on March 15, 1974 (such as entering into a contract binding on such source for obtaining coal, or equipment or facilities to burn coal; expanding substantial sums to permit such source to burn coal; or applying for an air pollution variance to enable such source to burn coal) which the Administrator finds evidences a decision (made prior to March 15, 1974) to convert to burning coal as a result of the unavailability of an adequate supply of fuels required for compliance with the applicable implementation plan, and a good faith effort to expeditiously carry out such decision. “(2) (A) A compliance date extension under paragraph (1) of this

Conditions.

 subsection may be issued to a source only if— (i) the Administrator finds that such source will not be able to burn coal which is available to such source in compliance with all applicable air pollution requirements without a compliance date extension, (ii) the Administrator finds that the source will be able during the period of the compliance date extension to comply with all the primary standard conditions which are required under subsection (d) (2) to be applicable to such source, and with the regional limitation if applicable to such source, and (iii) the source has submitted to the Administrator a plan for compliance for such source which the Administrator has approved. A plan submitted under clause (iii) of the preceding sentence shall be approved only if it meets the requirements of regulations prescribed under subparagraph (B) . The Administrator shall approve or disapprove any such plan within 60 days after such plan is submitted. “(B) Not later than 90 days after the date of enactment of this section,

Regulations.

 the Administrator shall prescribe regulations requiring that any source to which a compliance date extension applies submit and obtain

Compliance schedule.

 approval of its means for and schedule of compliance with the require-88 Stat. 251ments of subparagraph (C) of this paragraph. Such regulations shall include requirements that such schedules shall include dates by which any such source must— “(i) enter into contracts (or other obligations enforceable

Contracts, approval.

 against such source) which the Administrator has approved as being adequate to provide for obtaining a long-term supply of coal which enables such source to achieve the emission reduction required by subparagraph (C), or “(ii) if coal which enables such source to achieve such emission reduction is not available to such source, enter into contracts (or other obligations enforceable against such source) which the Administrator has approved as being adequate to provide for obtaining (I) a long-term supply of other coal, and (II) continuous emission reduction systems necessary to permit such source to burn such coal, and to achieve the degree of emission reduction required by subparagraph (C). Regulations under this subparagraph shall provide that contracts or other obligations required to be approved under this subparagraph must be approved before they are entered into (except that a contract or obligation which was entered into before the date of enactment of this section may be approved after such date). “(C) Regulations under subparagraph (B) shall require that the

Emission reduction, requirements.

 source achieve the most stringent degree of emission reduction that such source would have been required to achieve under the applicable implementation plan which was in effect on the date of submittal (under subparagraph (B) of this paragraph) of the means for and schedule of compliance (or if no applicable implementation plan was in effect on such date, under the first applicable implementation plan which takes effect after such date). Such degree of emission reduction shall be achieved as soon as practicable, but not later than December 31, 1978; except that, in the case of a source for which a continuous emission reduction system is required for sulfur-related emissions, reduction of such emissions shall be achieved on a date designated by the Administrator (but not later than January 1, 1979). Such regulations shall also include such interim requirements as the Administrator determines are reasonable and practicable, including requirements described in subparagraphs (A) and (B) of subsection (b) (3) and requirements to file progress reports.

Progress reports.

 “(D) A source which is issued a compliance date extension under this subsection, and which is located in an air quality control region in which a national primary ambient air quality standard for an air pollutant is not being met, may not emit such pollutant in amounts which exceed any emission limitation (and may not violate any other requirement) which applies to such source, under the applicable implementation plan for such pollutant. For purposes of this subparagraph, applicability of any such limitation or requirement to a source shall be determined without regard to this subsection or subsection (b) . “(3) A source to which this subsection applies may, upon the expiration of a compliance date extension, receive a one-year postponement of the application of any requirement of an applicable implementation plan under the conditions and in the manner provided in section 110(f).

42 USC 1857c–5.

 88 Stat. 252 “(4) The Administrator shall give notice to the public and afford

Public notice.

 an opportunity for oral and written presentations of data, views, and arguments before issuing any compliance date extension, prescribing any regulation under paragraph (2) of this subsection, making any finding under paragraph (2) (A) of this subsection, imposing any requirement on a source pursuant to paragraph (2) or any regulation thereunder, prescribing a primary standard condition under subsection (d) (2) which applies to a source to which an extension is issued under this subsection, or acting on any petition under subsection (d) (2) (C). “(d) (1) (A) Whenever the Federal Energy Administrator issues an order under section 2(a) of the Energy Supply and Environmental Coordination Act of 1974 which will not apply after June 30, 1975, the Administrator of the Environmental Protection Agency shall certify to him— “(i) in the case of a source to which no suspension will be issued under subsection (b) , the earliest date on which such source will be able to burn coal and to comply with all applicable air pollution requirements, or “(ii) in the case of a source to which a suspension will be issued under subsection (b) of this section, the date determined under paragraph (2) (B) of this subsection. “(B) Whenever the Federal Energy Administrator issues an order under section 2(a) of such Act which will apply after June 30, 1975, the Administrator of the Environmental Protection Agency shall notify him if such source will be able, on and after July 1, 1975, to burn coal and to comply with all applicable air pollution requirements without a compliance date extension under subsection (c). If such notification is not given— “(i) in the case of a source which is eligible for a compliance date extension under subsection (c), the Administrator of the Environmental Protection Agency shall certify to the Federal Energy Administrator the date determined under paragraph (2) (B) of this subsection, and “(ii) in the case of a source which is not eligible for such an extension, the Administrator of the Environmental Protection Agency shall certify to the Federal Energy Administrator the earliest date on which the source will be able to burn coal and to comply with all applicable air pollution requirements. “(2) (A) The Administrator of the Environmental Protection

Emission limitations.

 Agency, after consultation with appropriate States, shall prescribe (and may from time to time, after such consultation, modify) emission limitations, requirements respecting pollution characteristics of coal, or other enforceable measures for control of emissions, for each source to which a suspension under subsection (b)(1)(A)(ii) will apply, and for each source to which a compliance date extension under subsection (c) (1) will apply. Such limitations, requirements, and measures shall be those which he determines must be complied with by the source in order to assure (throughout the period that the suspension or extension will be in effect) that the burning of coal by such source will not result in emissions which cause or contribute to concentrations of any air pollutant in excess of any national primary ambient air quality standard for such pollutant. 88 Stat. 253 “(B) Whenever the Administrator prescribes a limitation, requirement, or measure under subparagraph (A) of this paragraph with respect to a source, he shall determine the earliest date on which such source will be able to comply with such limitation, requirement, or measure, and with any regional limitation applicable to such source. “(C) An air pollution control agency may petition the Administrator

Emission limitations, petition for modification.

 (A) to modify any limitation, requirement, or other measure under this paragraph so as to assure compliance with the requirements of this paragraph, or (B) to issue to the Federal Energy Administration the certification described in paragraph (3) (B) on the grounds describ3d in clause (iii) thereof. The Administrator shall take the action requested in the petition, or deny the petition, within 90 days after the date of receipt of the petition. “(3) (A) If the Administrator determines that a source to which

Compliance.

 a suspension under subsection (b) (1) (A) (ii) or to which a compliance date extension under subsection (c)(1) applies is not in compliance with any primary standard condition, or that a source to which a compliance date extension applies is not in compliance with a regional limitation applicable to it, he shall (except as provided in subparagraph (B)) either— “(i) enforce compliance with such condition or limitation under section 113, or “(ii) (after notice to the public and affording an opportunity

Public notice.

 for interested persons to present data, views, and arguments, including oral presentations, to the extent practicable) revoke such suspension or compliance date extension. “(B) If the Administrator finds that for any period— “(i) a source, to which an order under section 2(a) of the Energy Supply and Environmental Coordination Act of 1974 applies, will be unable to comply with a primary standard condition or regional limitation, “(ii) such a source will not be in compliance with such a condition or limitation, but such condition or limitation cannot be enforced because of a court order restraining its enforcement, or “(iii) the burning of coal by such a source will result in an increase in emissions of any air pollutant for which national ambient air quality standards have not been promulgated (or an air pollutant which is transformed in the atmosphere into an air pollutant for which such a standard has not been promulgated), and that such increase may cause (or materially contribute to) a significant risk to public health, he shall notify the Federal Energy Administrator of his finding and certify the period for which such order under such section 2(a) shall not be in effect with respect to such source. Subject to the conditions of the preceding sentence, such certification may be modified from time to time. For purposes of this subsection, subsection (c), and section 2 (a) or (b) of the Energy Supply and Environmental Coordination Act of 1974, a source shall be considered unable to comply with an air pollution requirement (including a primary standard condition or regional limitation) only if necessary technology or other alternative methods of control are not available or have not been available for a sufficient period of time. 88 Stat. 254 “(4) Nothing in this Act shall prohibit a State, political subdivision of a State, or agency or instrumentality of either, from enforcing any primary standard condition or regional limitation. “(5) A conversion to coal (A) to which a suspension under subsection (b) or a compliance date extension under subsection (c) applies or (B) by reason of an order under section 2(a) of the Energy Supply and Environmental Coordination Act of 1974 shall not be deemed to be a modification for purposes of section 111(a) (2) and (4) of this

42 USC 1857C–6.

s Act. “(e) The Administrator may, by rule, establish priorities under

Continuous emission reduction systems, manufacturing priorities, rules.

 which manufacturers of continuous emission reduction systems necessary to carry out subsection (c) shall provide such systems to users thereof, if he finds that priorities must be imposed in order to assure that such systems are first provided to sources in air quality control regions in which national primary ambient air quality standards have not been achieved. No rule under this subsection may impair the obligation of any contract entered into before the date of enactment of this section. To the extent necessary to carry out this section, the Administrator may prohibit any State or political subdivision of a State, or an agency or instrumentality of either, from requiring any person to use a continuous emission reduction system for which priorities have been established under this subsection, except in accordance with such priorities. “(f) No State, political subdivision of a State, or agency or instrumentality of either, may require any person to whom a suspension has been issued under subsection (b) (1) to use any fuel the unavailability of which is the basis of such person’s suspension (except that this subsection shall not apply to requirements identical to Federal requirements under subsection (b)(3) or subsection (d)(2)). “(g) (1) It shall be unlawful for any person to whom a suspension

Unlawful acts.

 has been issued under subsection (b) (1) to violate any requirement on which the suspension is conditioned pursuant to subsection (b) (3) or any primary standard condition applicable to him. “(2) It shall be unlawful for any person to fail to comply with any requirement under subsection (c), or any regulation, plan, or schedule thereunder (including a primary standard condition or regional limitation), which is applicable to such person. “(3) It shall be unlawful for any person to violate any rule under subsection (e). “(4) It shall be unlawful for why person to fail to comply with an interim requirement under subsection (i) (3). “(h) Nothing in this section shall affect the power of the Administrator to deal with air pollution presenting an imminent and substantial endangerment to the health of persons under section S03 of this Act.

42 USC 1857h–1.

 “(i) (1) In order to reduce the likelihood of early phaseout of

Electric generating powerplants, cessation of operation, postponement.

 existing electric generating powerplants, any electric generating powerplant (A) which, because of the age and condition of the plant, is to be taken out of service permanently no later than January 1, 1980, according to the power supply plan (in existence on January 1, 1974) of the owner or operator of such plant, (B) for which a certification to that effect has been filed by the owner or operator of the plant with the Environmental Protection Agency and the Federal Power Commission, and (C) for which such Commission has determined that88 Stat. 255 the certification has been made in good faith and that the plan to cease operations no later than January 1, 1980, will be carried out as planned in light of existing and prospective power supply requirements, shall be eligible for a single one-year postponement as provided in paragraph (2). “(2) Prior to the date on which any powerplant eligible under paragraph (1) is required to comply with any requirement of an applicable implementation plan, such plant may apply (with the concurrence of the Governor of the State in which such plant is located) to the Administrator to postpone the applicability of such requirement to such plant for not more than one year. If the Administrator determines, after considering the risk to public health and welfare which may be associated with a postponement, that compliance with any such requirement is not reasonable in light of the projected useful life of the plant, the availability of rate base increases to pay for the costs of such compliance, and other appropriate factors, then the Administrator shall grant a postponement of any such requirement. “(3) The Administrator shall, as a condition of any postponement under paragraph (2), prescribe such interim requirements as are practicable and reasonable in light of the criteria in paragraph (2). “(j) (1) The Administrator may, after public notice and opportunity

Public notice.

 for presentation of data, views, and arguments in accordance with section 553 of title 5, United States Code, and after consultation with the Federal Energy Administrator, designate persons with respect to whom fuel exchange requirements should be imposed under paragraph (2) of this subsection. The purpose of such designation shall be to avoid or minimize the adverse impact on public health and welfare of any suspension under subsection (b) of this section or conversion to coal to which subsection (c) applies or of any allocation under section 2(d) of the Energy Supply and Environmental Coordination Act of 1974 or under the Emergency Petroleum Allocation Act of 1973.

15 USC 751 note.

 “(2) The Federal Energy Administrator shall exercise his authority under section 2(d) of the Energy Supply and Environmental Coordination Act of 1974 and under the Emergency Petroleum Allocation Act of 1973 with respect to persons designated by the Administrator of the Environmental Protection Agency under paragraph (1) in order to require the exchange of any fuel subject to allocation under such Acts effective no later than forty-five days after the date of such designation, unless the Federal Energy Administrator determines, after consultation with the Administrator of the Environmental Protection Agency, that the costs or consumption of fuel, resulting from requiring such exchange, will be excessive. “(k) (1) The Administrator shall study, and report to Congress

Study; report to Congress.

 not later than six months after the date of enactment of this section, with respect to— “(A) the present and projected impact of fuel shortages and fuel allocation programs on the program under this Act; “(B) availability of continuous emission reduction technology (including projections respecting the time, cost, and number of units available) and the effects that continuous emission reduc-88 Stat. 256tion systems would have on the total environment and on supplies of fuel and electricity; “(C) the number of sources and locations which must use such technology based on projected fuel availability data; “(D) a priority schedule for installation of continuous emission reduction technology, based on public health or air quality; “(E) evaluation of availability of technology to burn municipal solid waste in electric powerplants or other major fuel burning installations, including time schedules, priorities, analysis of pollutants which may be emitted (including those for which national ambient air quality standards have not been promulgated), and a comparison of health benefits and detriments from burning solid waste and of economic costs; “(F) evaluation of alternative control strategies for the attainment and maintenance of national ambient air quality standards for sulfur oxides within the time for attainment prescribed in this Act, including associated considerations of cost, time for attainment, feasibility, and effectiveness of such alternative control strategies as compared to stationary source fuel and emission regulations; “(G) proposed priorities, for continuous emission reduction systems which do not produce solid waste, for sources which are least able to handle solid waste byproducts of such systems; “(H) plans for monitoring or requiring sources to which this section applies to monitor the impact of actions under this section on concentrations of sulfur dioxide in the ambient air; and “(I) steps taken pursuant to authority of section 110(a) (3) (B) of this Act. “(2) Beginning January 1, 1975, the Administrator shall publish

Publication in Federal Register.

 in the Federal Register, at no less than one-hundred-and-eighty-day intervals, the following: “(A) A concise summary of progress reports which are required to be filed by any person or source owner or operator to which subsection (c) applies. Such progress reports shall report on the status of compliance with all requirements which have been imposed by the Administrator under such subsection. “(B) Up-to-date findings on the impact of this section upon— “(i) applicable implementation plans, and “(ii) ambient air quality.”
SEC. 4. IMPLEMENTATION PLAN REVISIONS. (a) Section 110(a) of the Clean Air Act is amended in paragraph

42 USC 1857C–5.

 (3) by inserting “(A)” after “(3)” and by adding at the end thereof the following new subparagraph: “(B) As soon as practicable, the Administrator shall, consistent

Review.

 with the purposes of this Act and the Energy Supply and Environmental Coordination Act of 1974, review each State’s applicable implementation plans and report to the State on whether such plans can

Report to State.

 be revised in relation to fuel burning stationary sources (or persons supplying fuel to such sources) without interfering with the attainment and maintenance of any national ambient air quality standard within the period permitted in this section. If the Administrator

Revised plans, submittal.

 determines that any such plan can be revised, he shall notify the State that a plan revision may be submitted by the State. Any plan revision88 Stat. 257 which is submitted by the State shall, after public notice and opportunity

Public notice and hearing opportunity.

 for public hearing, be approved by the Administrator if the revision relates only to fuel burning stationary sources (or persons supplying fuel to such sources), and the plan as revised complies with paragraph (2) of this subsection. The Administrator shall approve or disapprove any revision no later than three months after its submission.” (b) Subsection (c) of section 110 of the Clean Air Act is amended

42 USC 1857C–5.

 by inserting “(1)” after “(c)”; by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and by adding at the end thereof the following new paragraph: “(2) (A) The Administrator shall conduct a study and shall submit

Transportation regulations study.

Report, submittal to congressional committees.

 a report to the Committee on Interstate and Foreign Commerce of the United States House of Representatives and the Committee on Public Works of the United States Senate not later than three months after date of enactment of this paragraph on the necessity of parking surcharge, management of parking supply, and preferential bus/carpool lane regulations as part of the applicable implementation plans required under this section to achieve and maintain national primary ambient air quality standards. The study shall include an assessment of the economic impact of such regulations, consideration of alternative means of reducing total vehicle miles traveled, and an assessment of the impact of such regulations on other Federal and State programs dealing with energy or transportation. In the course of such study, the Administrator shall consult with other Federal officials including, but not limited to, the Secretary of Transportation, the Federal Energy Administrator, and the Chairman of the Council on Environmental Quality. “(B) No parking surcharge regulation may be required by the

Parking surcharge.

 Administrator under paragraph (1) of this subsection as a part of an applicable implementation plan. All parking surcharge regulations previously required by the Administrator shall be void upon the date of enactment of this subparagraph. This subparagraph shall not prevent the Administrator from approving parking surcharges if they are adopted and submitted by a State as part of an applicable implementation plan. The Administrator may not condition approval of any implementation plan submitted by a State on such plan’s including a parking surcharge regulation. “(C) The Administrator is authorized to suspend until January 1,

Regulations, suspension authority.

 1975, the effective date or applicability of any regulations for the management of parking supply or any requirement that such regulations be a part of an applicable implementation plan approved or promulgated under this section. The exercise of the authority under this subparagraph shall not prevent the Administrator from approving such regulations if they are adopted and submitted by a State as part of an applicable implementation plan. If the Administrator exercises the authority under this subparagraph, regulations requiring a review or analysis of the impact of proposed parking facilities before construction which take effect on or after January 1, 1975, shall not apply to parking facilities on which construction has been initiated before January 1, 1975. 88 Stat. 258 “(D) For purposes of this paragraph—

Definitions.

 “(i) The term ‘parking surcharge regulation’ means a regulation imposing or requiring the imposition of any tax, surcharge, fee, or other charge on parking spaces, or any other area used for the temporary storage of motor vehicles. “(ii) The term ‘management of parking supply’ shall include any requirement providing that any new facility containing a given number of parking spaces shall receive a permit or other prior approval, issuance of which is to be conditioned on air quality considerations. “(iii) The term ‘preferential bus/carpool lane’ shall include any requirement for the setting aside of one or more lanes of a street or highway on a permanent or temporary basis for the exclusive use of buses or carpools, or both. “(E) No Standard, plan, or requirement, relating to management

Promulgation.

 of parking supply or preferential bus/carpool lanes shall be promulgated after the date of enactment of this paragraph by the Administrator pursuant to this section, unless such promulgation had been subjected to at least one public hearing which has been held

Public hearing, notice.

 in the area affected and for which reasonable notice has been given in such area. If substantial changes are made following public hearings, one or more additional hearings shall be held in such area after such notice.”
SEC. 5. MOTOR VEHICLE EMISSIONS. (a) Section 202(b)(1)(A) of the Clean Air Act is amended by

42 USC 1857f–1.

 striking out “1975” and inserting in lieu thereof “1977”; and by inserting after “(A)” the following: “The regulations under subsection (a) applicable to emissions of carbon monoxide and hydrocarbons from light-duty vehicles and engines manufactured during model years 1975 and 1976 shall contain standards which are identical

Model years 1975 and 1976, standards.

 to the interim standards which were prescribed (as of December 1, 1973) under paragraph (5) (A) of this subsection for light-duty vehicles and engines manufactured during model year 1975.” (b) Section 202(b) (1) (B) of such Act is amended by striking out “1976” and inserting in lieu thereof “1978”; and by inserting after “(B)” the following: “The regulations under subsection (a) applicable to emissions of oxides of nitrogen from light-duty vehicles and engines manufactured during model years 1975 and 1976 shall contain standards which are identical to the standards which were prescribed (as of December 1, 1973) under subsection (a) for light-duty vehicles and engines manufactured during model year 1975. The regulations under subsection (a) applicable to emissions of oxides of nitrogen from light-duty vehicles and engines manufactured during model year 1977 shall contain standards which provide that such emissions from such vehicles and engines may not exceed 2.0 grams per vehicle mile.” (c) Section 202(b)(5)(A) of such Act is amended to read as follows: “(5) (A) At any time after January 1, 1975, any manufacturer may

Model year 1977, suspension request.

 file with the Administrator an application requesting the suspension for one year only of the effective date of any emission standard required by paragraph (1) (A) with respect to such manufacturer for light-duty vehicles and engines manufactured in model year 1977. The Administrator shall make his determination with respect to any such application within sixty days. If he determines, in accordance88 Stat. 259 with the provisions of this subsection, that such suspension should be granted, he shall simultaneously with such determination prescribe by regulation interim emission standards which shall apply (in lieu of the standards required to be prescribed by paragraph (1) (A) of this subsection) to emissions of carbon monoxide or hydrocarbons (or both) from such vehicles and engines manufactured during model year 1977.” (d) Section 202(b) (5) (B) of the Clean Air Act is repealed and

Repeal.

42 USC 1857f–l.

 the following subparagraphs redesignated accordingly.
SEC. 6. CONFORMING AMENDMENTS. (a) (1) Section 113(a) (3) of the Clean Air Act is amended by striking

42 USC 1857c–8.

 out “or” before “112(c)”, by inserting a comma in lieu thereof, and by inserting after “hazardous emissions)” the following: “, or 119 (g) (relating to energy-related authorities)”. (2) Section 113(b) (3) of such Act is amended by striking out “or 112(c)” and inserting in lieu thereof “, 112(c), or 119(g)”. (3) Section 113(c)(1)(C) of such Act is amended by striking out “or section 112(c)” and inserting in lieu thereof “, section 112(c), or section 119(g)”. (4) Section 114(a) of such Act is amended by inserting “119 or”

42 USC 1857C–9.

 before “303”. (b) Section 116 of the Clean Air Act is amended by inserting “119

42 USC 1857d–l.

 (c), (e), and (f),” before “209”. (c) (1) The second sentence of subsection (b) of section 307 of such

42 USC 1857h–5.

 Act is amended by inserting “, or his action under section 119(c) (2) (A), (B), or (C) or under regulations thereunder,” after “111(d)”. (2) The third sentence of such subsection is amended by striking out “or approval” and inserting in lieu thereof “, approval, or action”.
SEC. 7. PROTECTION OF PUBLIC HEALTH AND ENVIRONMENT.

15 USC 793.

 (a) Any allocation program provided for in section 2 of this Act or in the Emergency Petroleum Allocation Act of 1973, shall, to the

15 USC 751 note.

 maximum extent practicable, include measures to assure that available low sulfur fuel will be distributed on a priority basis to those areas of the United States designated by the Administrator of the Environmental Protection Agency as requiring low sulfur fuel to avoid or minimize adverse impact on public health. (b) In order to determine the health effects of emissions of sulfur

Study.

 oxides to the air resulting from any conversions to burning coal to

Ante, p., 248.

 which section 119 of the Clean Air Act applies, the Department of Health, Education, and Welfare shall, through the National Institute of Environmental Health Sciences and in cooperation with the

Appropriation.

 Environmental Protection Agency, conduct a study of chronic effects among exposed populations. The sum of $3,500,000 is authorized to be appropriated for such a study. In order to assure that long-term studies can be conducted without interruption, such sums as are appropriated shall be available until expended. (c) (1) No action taken under the Clean Air Act shall be deemed

42 USC 1857.

 a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (83 Stat. 856).

42 USC 4321 note.

 (2) No action under section 2 of this Act for a period of one year after initiation of such action shall be deemed a major Federal action significantly affecting the quality of the human environment within88 Stat. 260 the meaning of the National Environmental Policy Act of 1969. However,

42 USC 4321 note.

 before any action under section 2 of this Act that has a significant impact on the environment is taken, if practicable, or in any event within sixty days after such action is taken, an environmental evaluation

Environment evaluation, availability.

 with analysis equivalent to that required under section 102(2) (C) of the National Environmental Policy Act, to the greatest extent

42 USC 4332.

 practicable within this time constraint, shall be prepared and circulated to appropriate Federal, State, and local government agencies and to the public for a thirty-day comment period after which a public

Hearing.

 hearing shall be held upon request to review outstanding environmental issues. Such an evaluation shall not be required where the action in question has been preceded by compliance with the National Environmental Policy Act by the appropriate Federal agency. Any action taken under section 2 of this Act which will be in effect for more than a one-year period or any action to extend an action taken under section 2 of this Act to a total period of more than one year shall be subject to the full provisions of the National Environmental Policy Act, notwithstanding any other provision of this Act. (d) In order to expedite the prompt construction of facilities

Hydroelectric energy facilities, construction.

 for the importation of hydroelectric energy thereby helping to reduce the shortage of petroleum products in the United States, the Federal Power Commission is hereby authorized and directed to issue a Presidential permit pursuant to Executive Order 10485 of September 3, 1953, for the construction, operation, maintenance, and connection

16 USC 824a note.

 of facilities for the transmission of electric energy at the borders of the United States without preparing an environmental impact statement pursuant to section 102 of the National Environmental Policy Act of 1969 (83 Stat. 856) for facilities for the transmission of electric

42 USC 4332.

 energy between Canada and the United States in the vicinity of Fort Covington, New York.
SEC. 8. ENERGY CONSERVATION STUDY.

15 USC 794.

 (a) The Federal Energy Administrator shall conduct a study on potential methods of energy conservation and, not later than six

Report to Congress.

 months after the date of enactment of this Act, shall submit to Congress a report on the results of such study. The study shall include, but not be limited to, the following: (1) the energy conservation potential of restricting exports of fuels or energy-intensive products or goods, including an analysis of balance-of-payments and foreign relations implications of any such restrictions; (2) alternative requirements, incentives, or disincentives for increasing industrial recycling and resource recovery in order to reduce energy demand, including the economic costs and fuel consumption tradeoff which may be associated with such recycling and resource recovery in lieu of transportation and use of virgin materials; and (3) means for incentives or disincentives to increase efficiency of industrial use of energy. (b) Within ninety days of the date of enactment of this Act, the

Emergency Mass Transportation Assistance Plan, submittal to Congress.

 Secretary of Transportation, after consultation with the Federal Energy Administrator, shall submit to the Congress for appropriate action an “Emergency Mass Transportation Assistance Plan” for the purpose of conserving energy by expanding and improving public88 Stat. 261 mass transportation systems and encouraging increased ridership as alternatives to automobile travel. (c) Such plan shall include, but shall not be limited to— (1) recommendations for emergency temporary grants to assist

Grants.

 States and local public bodies and agencies thereof in the payment of operating expenses incurred in connection with the provision of expanded mass transportation service in urban areas; (2) recommendations for additional emergency assistance for the purchase of buses and rolling stock for fixed rail, including the feasibility of accelerating the timetable for such assistance under section 142(a)(2) of title 23, United States Code (the “Federal Aid Highway Act of 1973”), for the purpose of providing additional capacity for and encouraging increased use of public mass transportation systems; (3) recommendations for a program of demonstration projects

Fares.

 to determine the feasibility of fare-free and low-fare urban mass transportation systems, including reduced rates for elderly and handicapped persons during nonpeak hours of transportation; (4) recommendations far additional emergency assistance for

Fringe parking.

 the construction of fringe and transportation corridor parking facilities to serve bus and other mass transportation passengers; (5) recommendations on the feasibility of providing tax incentives

Tax incentives.

 for persons who use public mass transportation systems.
SEC. 9. REPORT.

15 USC 795.

 The Administrator of the Environmental Protection Agency shall

Report to Congress.

 report to Congress not later than January 31, 1975, on the implementation of sections 3 through 7 of this Act.
SEC. 10. FUEL ECONOMY STUDY. Title II of the Clean Air Act is amended by redesignating section

42 USC 1857f–1.

 213 as section 214 and by adding the following new section:
“fuel economy improvement from new motor vehicles
“Sec. 213. (a) (1) The Administrator and the Secretary of Transportation

42 USC 1857f–6f.

Report to congressional committees.

 shall conduct a joint study, and shall report to the Committee on Interstate and Foreign Commerce of the United States House of Representatives and the Committees on Public Works and Commerce of the United States Senate within one hundred and twenty days following the date of enactment of this section, concerning the practicability of establishing a fuel economy improvement standard of 20 per centum for new motor vehicles manufactured during and after model year 1980. Such study and report shall include, but not be limited to, the technological problems of meeting any such standard, including the leadtime involved; the test procedures required to determine compliance; the economic costs associated with such standard, including any beneficial economic impact; the various means of enforcing such standard; the effect on consumption of natural resources, including energy consumed; and the impact of applicable safety and emission standards. In the course of performing such study, the Administrator and the Secretary of Transportation shall utilize the research previously performed in the Department of Transportation, and the Administrator and the Secretary shall consult with the Federal Energy88 Stat. 262 Administrator the Chairman of the Council on Environmental

OMB review and comments.

 Quality, and the Secretary of the Treasury. The Office of Management and Budget may review such report before its submission to such committees of the Congress, but such Office may not revise the report or delay its submission beyond the date prescribed for its

42 USC 1857h–5.

 submission, and may submit to Congress its comments respecting such report. In connection with such study, the Administrator may utilize the authority provided in section 307(a) of this Act to obtain necessary information. “(2) For the purpose of this section, the term ‘fuel economy improvement

“Fuel economy improvement standard.”

 standard’ means a requirement of a percentage increase in the number of miles of transportation provided by a manufacturer’s entire annual production of new motor vehicles per unit of fuel consumed, as determined for each manufacturer in accordance with test procedures established by the Administrator pursuant to this Act. Such term shall not include any requirement for any design standard or any other requirement specifying or otherwise limiting the manufacturer’s discretion in deciding how to comply with the fuel economy improvement standard by any lawful means.”
SEC. 11. REPORTING OF ENERGY INFORMATION.

15 USC 796.

 (a) For the purpose of assuring that the Federal Energy Administrator, the Congress, the States, and the public have access to and are able to obtain reliable energy information, the Federal Energy Administrator shall request, acquire, and collect such energy information as he determines to be necessary to assist in the formulation of energy policy or to carry out the purposes of this Act or the Emergency Petroleum Allocation Act of 1973. The Federal Energy Administrator

15 USC 751 note.

Rules.

 shall promptly promulgate rules pursuant to subsection (b) (1) (A) of this section requiring reports of such information to be submitted to the Federal Energy Administrator at least every ninety calendar days. (b) (1) In order to obtain energy information for the purpose of carrying out the provisions of subsection (a), the Federal Energy Administrator is authorized— (A) to require, by rule, any person who is engaged in the production, processing, refining, transportation by pipeline, or distribution (at other than the retail level) of energy resources to submit reports; (B) to sign and issue subpenas for the attendance and testimony of witnesses and the production of books, records, papers, and other documents; (C) to require any person, by general or special order, to submit answers in writing to interrogatories, requests for reports or for other information; and such answers or other submissions shall be made within such reasonable period, and under oath or otherwise, as the Federal Energy Administrator may determine; and (D) to administer oaths. (2) For the purpose of verifying the accuracy of any energy

Accuracy, verification.

 information requested, acquired, or collected by the Federal Energy Administrator, the Federal Energy Administrator, or any officer or88 Stat. 263 employer duly designated by him, upon presenting appropriate credentials and a written notice from the Federal Energy Administrator to the owner, operator, or agent in charge, may— (A) enter, at reasonable times, any business premise or facility; and (B) inspect, at reasonable times and in a reasonable manner, any such premise or facility, inventory and sample any stock of energy resources therein, and examine and copy books, records, papers, or other documents, relating to any such energy information. (3) Any United States district court within the jurisdiction of

Compliance order.

 which any inquiry is carried on may, upon petition by the Attorney General at the request of the Federal Energy Administrator, in the case of refusal to obey a subpena or order of the Federal Energy Administrator issued under this section, issue an order requiring compliance therewith; and any failure to obey the order of the court may be punished by the court as a contempt thereof. (c) (1) The Federal Energy Administrator shall exercise the authorities granted to him under subsection (b)(1)(A) to develop, within thirty days after the date of enactment of this Act, as full and accurate a measure as is reasonably practicable of— (A) domestic reserves and production; (B) imports; and (C) inventories; of crude oil, residual fuel oil, refined petroleum products, natural gas, and coal. (2) For each calendar quarter beginning with the first complete

Energy information, quarterly report.

 calendar quarter following the date of enactment of this Act, the Federal Energy Administrator shall develop and publish a report containing the following energy information: (A) Imports of crude oil, residual fuel oil, refined petroleum products (by product), natural gas, and coal, identifying (with respect to each such oil, product, gas, or coal) country of origin, arrival point, quantity received, and the geographic distribution within the United States. (B) Domestic reserves and production of crude oil, natural gas, and coal. (C) Refinery activities, showing for each refinery within the United States (i) the amounts of crude oil run by such refinery, (ii) amounts of crude oil allocated to such refinery pursuant to regulations and orders of the Federal Energy Administrator, his delegate pursuant to the Emergency Petroleum Allocation Act of 1973, or any other person authorized by law to issue regulations and orders with respect to the allocation of crude oil, (iii) percentage of refinery capacity utilized, and (iv) amounts of products refined from such crude oil. (D) Report of inventories, on a national, regional, and State-by-State basis— (i) of various refined petroleum products, relating refiners, refineries, suppliers to refiners, share of market, and allocation fractions; (ii) of various refined petroleum products, previous quarter deliveries and anticipated three-month available supplies; 88 Stat. 264 (iii) of anticipated monthly supply of refined petroleum products, amount of set-aside for assignment by the State, anticipated State requirements, excess or shortfall of supply, and allocation fraction of base year; and (iv) of LPG by State and owner: quantities stored, and existing capacities, and previous priorities on types, inventories of suppliers, and changes in supplier inventories. (d) Upon a showing satisfactory to the Federal Energy Administrator

Confidential information.

 by any person that any energy information obtained under this section from such person would, if made public, divulge methods or processes entitled to protection as trade secrets or other proprietary information of such person, such information, or portion thereof, shall be confidential in accordance with the provisions of section 1905 of title 18, United States Code; except that such information, or part thereof, shall not be deemed confidential for purposes of disclosure, upon request, to (1) any delegate of the Federal Energy Administrator for the purpose of carrying out this Act and the Emergency Petroleum Allocation Act of 1973, (2) the Attorney General, the Secretary of the

15 USC 751 note.

 Interior, the Federal Trade Commission, the Federal Power Commission, or the General Accounting Office, when necessary to carry out those agencies’ duties and responsibilities under this and other statutes, and (3) the Congress, or any committee of Congress upon request of the Chairman. (e) As used in this section:

Definitions.

 (1) The term “energy information” includes (A) all information in whatever form on (i) fuel reserves, exploration, extraction, and energy resources (including petrochemical feedstocks) wherever located; (ii) production, distribution, and consumption of energy and fuels wherever carried on; and (B) matters relating to energy and fuels, such as corporate structure and proprietary relationships, costs, prices, capital investment, and assets, and other matters directly related thereto, wherever they exist. (2) The term “person” means any natural person, corporation, partnership, association, consortium, or any entity organized for a common business purpose, wherever situated, domiciled, or doing business, who directly or through other persons subject to their control does business in any part of the United States. (3) The term “United States” when used in the geographical sense means the States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States. (f) Information obtained by the Administration under authority

Information, availability.

 of this Act shall be available to the public in accordance with the provisions of section 552 of title 5, United States Code. (g) (1) The authority contained in this section is in addition to, independent of, not limited by, and not in limitation of, any other authority of the Federal Energy Administrator. (2) The provisions of this section expire at midnight, June 30, 1975,

Expiration date.

 but such expiration shall not affect any administrative or judicial proceeding which relates to any act or failure to act if such act or failure to act was not in compliance with the requirements and authorities of this section and occurred prior to midnight, June 30, 1975.
SEC. 12. ENFORCEMENT.

15 USC 797.

 (a) It shall be unlawful for any person to violate any provision of section 2 (relating to coal conversion and allocation) or section 11 (relating to energy information) or to violate any rule, regulation, or order issued pursuant to any such provision. (b) (1) Whoever violates any provision of subsection (a) shall be

Penalties.

 subject to a civil penalty of not more than $2,500 for each violation. 88 Stat. 265 (2) Whoever willfully violates any provision of subsection (a) shall be fined not more than $5,000 for each violation. (3) It shall be unlawful for any person to offer for sale or distribute in commerce any coal in violation of an order or regulation issued pursuant to section 2 (d). Any person who knowingly and willfully violates this paragraph after having been subjected to a civil penalty for a prior violation of the same provision of any order or regulation issued pursuant to section 2(d) shall be fined not more than $50,000, or imprisoned not more than six months, or both. (4) Whenever it appears to the Federal Energy Administrator or any person authorized by the Federal Energy Administrator to exercise authority under this section 2 or section 11 of this Act that any individual or organization has engaged, is engaged, or is about to engage in acts or practices constituting a violation of subsection (a) the Federal Energy Administrator or such person may request the Attorney General to bring a civil action to enjoin such acts or practices, and upon a proper showing, a temporary restraining order or a preliminary or permanent injunction shall be granted without bond. In such action, the court may also issue mandatory injunctions commanding any person to comply with any provision, the violation of which is prohibited by subsection (a). (5) Any person suffering legal wrong because of any act or practice arising out of any violation of subsection (a) may bring a civil action for appropriate relief, including an action for a declaratory judgment or writ of injunction. United States district courts shall have jurisdiction of actions under this paragraph without regard to the amount in controversy. Nothing in this paragraph shall authorize any person to recover damages.
SEC. 13. EXTENSION OF CLEAN AIR ACT AUTHORIZATION. (a) Section 104(c) of the Clean Air Act is amended by striking “and $150,000,000 for the fiscal year ending June 30, 1974” and inserting in lieu thereof “, $150,000,000 for the fiscal year ending June 30, 1974, and $150,000,000 for the fiscal year ending June 30, 1975.” (b) Section 212(i) of such Act is amended by striking “three

42 USC 1857f–6e.

 succeeding fiscal years.” and inserting in lieu thereof “four succeeding fiscal years.”. (c) Section 316 of such Act is amended by striking “and $300,000,000

42 USC 1857l.

 for the fiscal year ending June 30, 1974” and inserting in lieu thereof “, $300,000,000 for the fiscal year ending June 30, 1974, and $300,000,000 for the fiscal year ending June 30, 1975”.
SEC. 14. DEFINITIONS.

15 USC 798.

 (a) For purposes of this Act and the Clean Air Act the term

42 USC 1857 note.

 “Federal Energy Administrator” means the Administrator of the Federal Energy Administration established by Federal Energy Administration Act of 1074 (Public Law 93–275); except that until

Ante, p. 96.

 such Administrator takes office and after such Administration ceases to exist, such term means any officer of the United States designated as Federal Energy Administrator by the President for purposes of this Act and section 119 of the Clean Air Act.

Ante, p. 248.

 (b) For purposes of this Act, the term “petroleum product” means crude oil, residual fuel oil, or any refined petroleum product (as defined in section 3(5) of the Emergency Petroleum Allocation Act of 1973).

15 USC 752.
Approved June 22, 1974.
Public Law 93–320: To authorize the construction, operation, and maintenance of certain works in the Colorado River Basin to control the salinity of water delivered to users in the United States and Mexico. Public Law 320 88 Stat. 266 1974-06-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 266 Public Law 93–320
An Act To authorize the construction, operation, and maintenance of certain works in the Colorado River Basin to control the salinity of water delivered to users in the United States and Mexico.

June 24, 1974

[H. R. 12165]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Colorado River Basin Salinity Control Act.

43 USC 1571 note.

 be cited as the “Colorado River Basin Salinity Control Act”.
<num value="I">TITLE I—</num> <heading class="inline">PROGRAMS DOWNSTREAM FROM IMPERIAL DAM</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Secretary of the Interior, hereinafter referred to<sidenote><p class="firstIndent1 fontsize8">U.S. and Mexico, water quality improvement.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1571">43 USC 1571</ref>.</p></sidenote> as the “Secretary”, is authorized and directed to proceed with a program of works of improvement for the enhancement and protection of the quality of water available in the Colorado River for use in the United States and the Republic of Mexico, and to enable the United States to comply with its obligations under the agreement with Mexico of August 30, 1973 (Minute No. 242 of the International Boundary and Water Commission, United States and Mexico), concluded pursuant <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/ust/t24/s1968">24 UST 1968</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/59/1219">59 Stat. 1219</ref>.</p></sidenote> to the Treaty of February 3, 1944 (TS 994), in accordance with the provisions of this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Secretary is authorized to construct, operate, and maintain a desalting complex, including (1) a desalting plant to reduce the salinity of drain water from the Wellton-Mohawk division of the<sidenote><p class="firstIndent1 fontsize8">Desalting complexes, construction and maintenance.</p></sidenote> Gila project, Arizona (hereinafter referred to as the division), including a pretreatment plant for settling, softening, and filtration of the drain water to be desalted; (2) the necessary appurtenant works including the intake pumping plant system, product waterline, power transmission facilities, and permanent operating facilities; (3) the necessary extension in the United States and Mexico of the existing bypass drain to carry the reject stream from the desalting plant and other drainage waters to the Santa Clara Slough in Mexico, with the part in Mexico, subject to arrangements made pursuant to section 101(d); (4) replacement of the metal flume in the existing main outlet drain extension with a concrete siphon; (5) reduction of the quantity of irrigation return flows through acquisition of lands to reduce the size of the division, and irrigation efficiency improvements to minimize return flows; (6) acquire on behalf of the United States such lands or interest in lands in the Painted Rock Reservoir as may be necessary to operate the project in accordance with the obligations of Minute No. 242, and (7) all associated facilities including roads, railroad spur, and transmission lines.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The desalting plant shall be designed to treat approximately<sidenote><p class="firstIndent1 fontsize8">Desalting plants, treatment capacity.</p></sidenote> one hundred and twenty-nine million gallons a day of drain water using advanced technology commercially available. The plant shall effect recovery initially of not less than 70 per centum of the drain water as product water, and shall effect reduction of not less than 90 per centum of the dissolved solids in the feed water. The Secretary shall use sources of electric power supply for the desalting complex that will not diminish the supply of power to preference customers from Federal power systems operated by the Secretary. All costs<sidenote><p class="firstIndent1 fontsize8">Nonreimbursable costs.</p></sidenote> associated with the desalting plant shall be nonreimbursable.</content> </paragraph> </subsection> <page identifier="/us/stat/88/267">88 <inline class="smallCaps">Stat</inline>. 267</page> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Replacement of the reject stream from the desalting plant and <sidenote><p class="firstIndent1 fontsize8">Replacement water, studies.</p></sidenote> of any Wellton-Mohawk drainage water bypassed to the Santa Clara Slough to accomplish essential operation except at such times when there exists surplus water of the Colorado River under the terms of the Mexican Water Treaty of 1944, is recognized as a national obligation <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/59/1219">59 Stat. 1219</ref>.</p></sidenote> as provided in section 202 of the Colorado River Basin Project Act (82 Stat. 895). Studies to identify feasible measures to provide <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1512">43 USC 1512</ref>.</p></sidenote> adequate replacement water shall be completed not later than June 30, 1980. Said studies shall be limited to potential sources within the States of Arizona, California, Colorado, New Mexico, and those portions of Nevada, Utah, and Wyoming which are within the natural drainage basin of the Colorado River. Measures found necessary to replace the reject stream from the desalting plant and any Wellton-Mohawk drainage bypassed to the Santa Clara Slough to accomplish essential operations may be undertaken independently of the national obligation set forth in section 202 of the Colorado River Basin Project Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">The Secretary is hereby authorized to advance funds to the <sidenote><p class="firstIndent1 fontsize8">U.S. section, IBWC, advance funds.</p></sidenote> United States section, International Boundary and Water Commission (IBWC), for construction, operation, and maintenance by Mexico pursuant to Minute No. 242 of that portion of the bypass drain <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t24/s1968">24 UST 1968</ref>.</p></sidenote> within Mexico. Such funds shall be transferred to an appropriate Mexican agency, under arrangements to be concluded by the IBWC providing for the construction, operation, and maintenance of such facility by Mexico.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">Any desalted water not needed for the purposes of this title <sidenote><p class="firstIndent1 fontsize8">Desalted water exchange.</p></sidenote> may be exchanged at prices and under terms and conditions satisfactory to the Secretary and the proceeds therefrom shall be deposited in the General Fund of the Treasury. The city of Yuma, Arizona, shall have first right of refusal to any such water.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <chapeau class="inline">For the purpose of reducing the return flows from the division <sidenote><p class="firstIndent1 fontsize8">Return flow reduction.</p></sidenote> to one hundred and seventy-five thousand acre-feet or less, annually, the Secretary is authorized to:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Accelerate the cooperative program of Irrigation Management Services with the Wellton-Mohawk Irrigation and Drainage District, hereinafter referred to as the district, for the purpose of improving irrigation efficiency. The district shall bear its share of the cost of such program as determined by the Secretary.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Acquire, by purchase or through eminent domain or <sidenote><p class="firstIndent1 fontsize8">Irrigable acreage reduction.</p></sidenote> exchange, to the extent determined by him to be appropriate, lands or interests in lands to reduce the existing seventy-five thousand developed and undeveloped irrigable acres authorized by the Act of July 30, 1947 (61 Stat. 628), known as the Gila Reauthorization Act. The initial reduction in irrigable acreage <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s613">43 USC 613</ref>.</p><p class="firstIndent1 fontsize8">Limitation.</p></sidenote> shall be limited to approximately ten thousand acres. If the Secretary determines that the irrigable acreage of the division must be reduced below sixty-five thousand acres of irrigable lands to carry out the purpose of this section, the Secretary is authorized, with the consent of the district, to acquire additional lands, as may be deemed by him to be appropriate.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">(g) </num> <content class="inline">The Secretary is authorized to dispose of the acquired lands <sidenote><p class="firstIndent1 fontsize8">Acquired lands, disposal.</p></sidenote> and interests therein on terms and conditions satisfactory to him and meeting the objective of this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">(h) </num> <content class="inline">The Secretary is authorized, either in conjunction with or in <sidenote><p class="firstIndent1 fontsize8">System improvements, installation assistance.</p></sidenote> lieu of land acquisition, to assist water users in the division in installing system improvements, such as ditch lining, change of field layouts, automatic equipment, sprinkler systems and bubbler systems, as a means of increasing irrigation efficiencies: <i>Provided, however</i>, That<page identifier="/us/stat/88/268">88 <inline class="smallCaps">Stat</inline>. 268</page> all costs associated with the improvements authorized herein and allocated <sidenote><p class="firstIndent1 fontsize8">Costs, reimbursement to U.S.</p></sidenote> to the water users on the basis of benefits received, as determined by the Secretary, shall be reimbursed to the United States in amounts and on terms and conditions satisfactory to the Secretary.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="i">(i) </num> <chapeau class="inline">The Secretary is authorized to amend the contract between the<sidenote><p class="firstIndent1 fontsize8">Contract amendment.</p></sidenote> United States and the district dated March 4, 1952, as amended, to provide that—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the portion of the existing repayment obligation owing to the United States allocable to irrigable acreage eliminated from the division for the purposes of this title, as determined by the Secretary, shall be nonreimbursable; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">if deemed appropriate by the Secretary, the district shall be given credit against its outstanding repayment obligation to offset any increase in operation and maintenance assessments per acre which may result from the district’s decreased operation and maintenance base, all as determined by the Secretary.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="j">(j) </num> <content class="inline">The Secretary is authorized to acquire through the Corps of<sidenote><p class="firstIndent1 fontsize8">Land acquisition for storage.</p></sidenote> Engineers fee title to, or other necessary interests in, additional lands above the Painted Rock Dam in Arizona that are required for the temporary storage capacity needed to permit operation of the dam and reservoir in times of serious flooding in accordance with the obligations of the United States under Minute No. 242. No funds shall be<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/ust/t24/s1968">24 UST 1968</ref>.</p></sidenote> expended for acquisition of land or interests therein until it is finally determined by a Federal court of competent jurisdiction that the Corps of Engineers presently lacks legal authority to use said lands for this purpose. Nothing contained in this title nor any action taken pursuant to it shall be deemed to be a recognition or admission of any obligation to the owners of such land on the part of the United States or a limitation or deficiency in the rights or powers of the United States with respect to such lands or the operation of the reservoir.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="k">(k) </num> <content class="inline">To the extent desirable to carry out sections 101(f)(1) and<sidenote><p class="firstIndent1 fontsize8">Transfer of funds.</p></sidenote> 101(h), the Secretary may transfer funds to the Secretary of Agriculture as may be required for technical assistance to farmers, conduct of research and demonstrations, and such related investigations as are required to achieve higher on-farm irrigation efficiencies.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="l">(l) </num> <content class="inline">All cost associated with the desalting complex shall be nonreimbursable <sidenote><p class="firstIndent1 fontsize8">Nonreimbursable costs.</p></sidenote> except as provided in sections 101 (f) and 101 (h).</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">To assist in meeting salinity control objectives of<sidenote><p class="firstIndent1 fontsize8">Canal or canal lining, construction.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1572">43 USC 1572</ref>.</p></sidenote> Minute No. 242 during an interim period, the Secretary is authorized to construct a new concrete-lined canal or, to line the presently unlined portion of the Coachella Canal of the Boulder Canyon project, California, from station 2 plus 26 to the beginning of siphon numbered 7, a length of approximately forty-nine miles. The United States shall be entitled to temporary use of a quantity of water, for the purpose of meeting the salinity control objectives of Minute No. 242, during an interim period, equal to the quantity of water conserved by constructing or lining the said canal. The interim period shall commence on completion of construction or lining said canal and shall end the first year that the Secretary delivers main stream Colorado River water to California in an amount less than the sum of the quantities requested by (1) the California agencies under contracts made pursuant to section 5 of the Boulder Canyon Project Act (45 Stat. 1057),<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s617d">43 USC 617d</ref>.</p></sidenote> and (2) Federal establishments to meet their water rights acquired in California in accordance with the Supreme Court decree in Arizona against California (376 U.S. 340).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The charges for total construction shall be repayable without<sidenote><p class="firstIndent1 fontsize8">Repayment.</p></sidenote> interest in equal annual installments over a period of forty years beginning in the year following completion of construction: <proviso><i>Provided</i>,<page identifier="/us/stat/88/269">88 <inline class="smallCaps">Stat</inline>. 269</page> That, repayment shall be prorated between the United States and the <sidenote><p class="firstIndent1 fontsize8">Repayment contract.</p></sidenote> Coachella Valley County Water District, and the Secretary is authorized to enter into a repayment contract with Coachella Valley County Water District for that purpose. Such contract shall provide that annual repayment installments shall be nonreimbursable during the interim period, defined in section 102(a) of this title and shall provide that after the interim period, said annual repayment installments or portions thereof, shall be paid by Coachella Valley County Water District</proviso>.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The Secretary is authorized to acquire by purchase, eminent <sidenote><p class="firstIndent1 fontsize8">Private lands, acquisition.</p></sidenote> domain, or exchange private lands or interests therein, as may be determined by him to be appropriate, within the Imperial Irrigation District on the Imperial East Mesa which receive, or which have been granted rights to receive, water from Imperial Irrigation District’s capacity in the Coachella Canal. Costs of such acquisitions shall be nonreimbursable and the Secretary shall return such lands to the public domain. The United States shall not acquire any water rights by reason of this land acquisition.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">The Secretary is authorized to credit Imperial Irrigation District <sidenote><p class="firstIndent1 fontsize8">Imperial Irrigation District, construction charges, credit.</p></sidenote> against its final payments for certain outstanding construction charges payable to the United States on account of capacity to be relinquished in the Coachella Canal as a result of the canal lining program, all as determined by the Secretary: <proviso><i>Provided</i>, That, relinquishment of capacity shall not affect the established basis for allocating operation and maintenance costs of the main All-American Canal to existing contractors</proviso>.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <chapeau class="inline">The Secretary is authorized and directed to cede the following <sidenote><p class="firstIndent1 fontsize8">Cocopah Tribe of Indians, lands in trust.</p></sidenote> land to the Cocopah Tribe of Indians, subject to rights-of-way for existing levees, to be held in trust by the United States for the Cocopah Tribe of Indians:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">Township 9 south, range 25 west of the Gila and Salt River meridian, Arizona;</listContent> <list> <listItem> <listContent class="indent2 firstIndent1 fontsize10 depth1">Section 25: Lots 18,19,20,21,22, and 23;</listContent> </listItem> <listItem> <listContent class="indent2 firstIndent1 fontsize10 depth1">Section 26: Lots 1,12,13,14, and 15;</listContent> </listItem> <listItem> <listContent class="indent2 firstIndent1 fontsize10 depth1">Section 27: Lot 3 ; and all accretion to the above described lands.</listContent> </listItem> </list> </listItem> </list> </content> </paragraph> </subsection> <continuation class="inline">The Secretary is authorized and directed to construct three bridges, <sidenote><p class="firstIndent1 fontsize8">Bridges, construction.</p></sidenote> one of which shall be capable of accommodating heavy vehicular traffic, over the portion of the bypass drain which crosses the reservation of the Cocopah Tribe of Indians. The transfer of lands to the Cocopah Indian Reservation and the construction of bridges across the bypass drain shall constitute full and complete payment to said tribe for the rights-of-way required for construction of the bypass drain and electrical transmission lines for works authorized by this title.</continuation> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Secretary is authorized to: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1573">43 USC 1573</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Construct, operate, and maintain, consistent with Minute <sidenote><p class="firstIndent1 fontsize8">Well fields, construction and maintenance.</p><p class="firstIndent1 fontsize8"><ref href="/us/ust/t24/s1968">24 UST 1968</ref>.</p></sidenote> No. 242, well fields capable of furnishing approximately one hundred and sixty thousand acre-feet of water per year for use in the United States and for delivery to Mexico in satisfaction of the 1944 Mexican Water Treaty. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/59/1219">59 Stat. 1219</ref>.</p></sidenote></content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Acquire by purchase, eminent domain, or exchange, to the <sidenote><p class="firstIndent1 fontsize8">Land acquisition.</p></sidenote> extent determined by him to be appropriate, approximately twenty-three thousand five hundred acres of lands or interests therein within approximately five miles of the Mexican border on the Yuma Mesa: <proviso><i>Provided, however</i>, That any such lands which are presently owned by the State of Arizona may be acquired or exchanged for Federal lands</proviso>.</content> </paragraph> <page identifier="/us/stat/88/270">88 <inline class="smallCaps">Stat</inline>. 270</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Any lands removed from the jurisdiction of the Yuma<sidenote><p class="firstIndent1 fontsize8">Land replacement.</p></sidenote> Mesa Irrigation and Drainage District pursuant to clause (2) of this subsection which were available for use under the Gila Reauthorization Act (61 Stat. 628), shall be replaced with like<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s613">43 USC 613</ref>.</p></sidenote> lands within or adjacent to the Yuma Mesa division of the project. In the development of these substituted lands or any other lands within the Gila project, the Secretary may provide for full utilization of the Gila Gravity Main Canal in addition to contracted capacities, (b) The cost of work provided for in this section, including delivery<sidenote><p class="firstIndent1 fontsize8">Nonreimbursable costs.</p></sidenote> of water to Mexico, shall be nonreimbursable; except to the extent that the waters furnished are used in the United States.</content> </paragraph> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <content class="inline">The Secretary is authorized to provide for modifications of the projects authorized by this title to the extent he determines appropriate for purposes of meeting the international settlement objective of this title at the lowest overall cost to the United States. No funds for any such modification<sidenote><p class="firstIndent1 fontsize8">Project modification.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1574">43 USC 1574</ref>.</p></sidenote> shall be expended until the expiration of sixty days after the proposed modification has been submitted to the appropriate committees of the Congress, unless the Congress approves an earlier date by concurrent resolution. The Secretary shall notify the Governors of the Colorado River Basin States of such modifications.</content> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <content class="inline">The Secretary is hereby authorized to enter into contracts<sidenote><p class="firstIndent1 fontsize8">Contract authority.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1575">43 USC 1575</ref>.</p></sidenote> that he deems necessary to carry out the provisions of this title in advance of the appropriation of funds therefor.</content> </section> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <content class="inline">In carrying out the provisions of this title, the Secretary<sidenote><p class="firstIndent1 fontsize8">Interagency cooperation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1576">43 USC 1576</ref>.</p></sidenote> shall consult and cooperate with the Secretary of State, the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and other affected Federal, State, and local agencies.</content> </section> <section class="firstIndent1 fontsize10"> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num> <content class="inline">Nothing in this Act shall be deemed to modify the National<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1577">43 USC 1577</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4321">42 USC 4321 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s1251">33 USC 1251 note</ref>.</p></sidenote> Environmental Policy Act of 1969, the Federal Water Pollution Control Act, as amended, or, except as expressly stated herein, the provisions of any other Federal law.</content> </section> <section class="firstIndent1 fontsize10"> <num value="108"><inline class="smallCaps">Sec</inline>. 108. </num> <content class="inline">There is hereby authorized to be appropriated the sum<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1578">43 USC 1578</ref>.</p></sidenote> of $121,500,000 for the construction of the works and accomplishment of the purposes authorized in sections 101 and 102, and $34,000,000 to accomplish the purposes of section 103, based on April 1973 prices, plus or minus such amounts as may be justified by reason of ordinary fluctuations in construction costs involved therein, and such sums as may be required to operate and maintain such works and to provide for such modifications as may be made pursuant to section 104. There is further authorized to be appropriated such sums as may be necessary to pay condemnation awards in excess of appraised values and to cover costs required in connection with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 90–646).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4601">42 USC 4601 note</ref>.</p></sidenote></content> </section> <num value="II">TITLE II—</num> <heading class="inline">MEASURES UPSTREAM FROM IMPERIAL DAM</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Secretary of the Interior shall implement the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1591">43 USC 1591</ref>.</p></sidenote> salinity control policy adopted for the Colorado River in the “Conclusions and Recommendations” published in the Proceedings of the Reconvened Seventh Session of the Conference in the Matter of Pollution of the Interstate Waters of the Colorado River and Its Tributaries in the States of California, Colorado, Utah, Arizona, Nevada, New Mexico, and Wyoming, held in Denver, Colorado, on April 26–27, 1972, under the authority of section 10 of the Federal Water Pollution Control Act (33 U.S.C. 1160), and approved by the Administrator of the Environmental Protection Agency on June 9, 1972.</content> </subsection> <page identifier="/us/stat/88/271">88 <inline class="smallCaps">Stat</inline>. 271</page> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Secretary is hereby directed to expedite the investigation, planning, and implementation of the salinity control program generally as described in chapter VI of the Secretary’s report entitled, “Colorado River Water Quality Improvement Program, February 1972”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">In conformity with section 201 (a) of this title and the authority <sidenote><p class="firstIndent1 fontsize8">Interagency cooperation.</p></sidenote> of the Environmental Protection Agency under Federal laws, the Secretary, the Administrator of the Environmental Protection Agency, and the Secretary of Agriculture are directed to cooperate and coordinate their activities effectively to carry out the objective of this title.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <chapeau class="inline">The Secretary is authorized to construct, operate, and <sidenote><p class="firstIndent1 fontsize8">Salinity control units, construction and maintenance.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1592">43 USC 1592</ref>.</p></sidenote> maintain the following salinity control units as the initial stage of the Colorado River Basin salinity control program.</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The Paradox Valley unit, Montrose County, Colorado, consisting of facilities for collection and disposition of saline ground water of Paradox Valley, including wells, pumps, pipelines, solar evaporation ponds, and all necessary appurtenant and associated works such as roads, fences, dikes, power transmission facilities, and permanent operating facilities.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Grand Valley unit, Colorado, consisting of measures and all necessary appurtenant and associated works to reduce the seepage of irrigation water from the irrigated lands of Grand Valley into the ground water and thence into the Colorado River. Measures shall include lining of canals and laterals, arid the combining of existing canals and laterals into fewer and more efficient facilities. Prior to initiation of construction of the Grand Valley unit the Secretary shall enter into contracts through which the agencies owning, operating, and maintaining the water distribution systems in Grand Valley, singly or in concert, will assume all obligations relating to the continued operation and maintenance of the unit’s facilities to the end that the maximum reduction of salinity inflow to the Colorado River will be achieved. The Secretary is also authorized to provide, as an element of the Grand Valley unit, for a technical staff to provide information and assistance to water users on means and measures for limiting excess water applications to irrigated lands: <proviso><i>Provided</i>, That such assistance shall not exceed a period of five years after funds first become available under this title. The Secretary will enter into agreements with the Secretary of Agriculture to develop a unified control plan for the Grand Valley unit. The Secretary of Agriculture is directed to cooperate in the planning and construction of on-farm system measures under programs available to that Department</proviso>.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The Crystal Geyser unit, Utah, consisting of facilities for collection and disposition of saline geyser discharges; including dikes, pipelines, solar evaporation ponds, and all necessary appurtenant works including operating facilities.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">The Las Vegas Wash unit, Nevada, consisting of facilities for collection and disposition of saline ground water of Las Vegas Wash, including infiltration galleries, pumps, desalter, pipelines, solar evaporation facilities, and all appurtenant works including but not limited to roads, fences, power transmission facilities, and operating facilities.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Secretary is authorized and directed to—</chapeau> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1593">43 USC 1593</ref>.</p></sidenote> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">Expedite completion of the planning reports on the following <sidenote><p class="firstIndent1 fontsize8">Planning reports.</p></sidenote> units, described in the Secretary’s report, “Colorado River Water Quality Improvement Program, February 1972”:</chapeau> <page identifier="/us/stat/88/272">88 <inline class="smallCaps">Stat</inline>. 272</page> <paragraph class="indent1 firstIndent1 fontsize10"> <content> <list> <listItem> <num value="i">(i) </num> <listContent class="indent1 firstIndent1 fontsize10 depth0">Irrigation source control:</listContent> <list> <listItem><listContent class="indent2 firstIndent1 fontsize10 depth1">Lower Gunnison</listContent></listItem> <listItem><listContent class="indent2 firstIndent1 fontsize10 depth1">Uintah Basin</listContent></listItem> <listItem><listContent class="indent2 firstIndent1 fontsize10 depth1">Colorado River Indian Reservation</listContent></listItem> <listItem><listContent class="indent2 firstIndent1 fontsize10 depth1">Palo Verde Irrigation District</listContent></listItem> </list> </listItem> </list> <list> <listItem> <num value="ii">(ii) </num> <listContent class="indent1 firstIndent1 fontsize10 depth0">Point source control:</listContent> <list> <listItem><listContent class="indent2 firstIndent1 fontsize10 depth1">LaVerkin Springs</listContent></listItem> <listItem><listContent class="indent2 firstIndent1 fontsize10 depth1">Littlefield Springs</listContent></listItem> <listItem><listContent class="indent2 firstIndent1 fontsize10 depth1">Glenwood-Dotsero Springs</listContent></listItem> </list> </listItem> </list> <list> <listItem> <num value="iii">(iii) </num> <listContent class="indent1 firstIndent1 fontsize10 depth0">Diffuse source control:</listContent> <list> <listItem><listContent class="indent2 firstIndent1 fontsize10 depth0">Price River</listContent></listItem> <listItem><listContent class="indent2 firstIndent1 fontsize10 depth1">San Rafael River</listContent></listItem> <listItem><listContent class="indent2 firstIndent1 fontsize10 depth1">Dirty Devil River</listContent></listItem> <listItem><listContent class="indent2 firstIndent1 fontsize10 depth1">McElmo Creek</listContent></listItem> <listItem><listContent class="indent2 firstIndent1 fontsize10 depth1">Big Sandy River</listContent></listItem> </list> </listItem> </list> </content> </paragraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Submit each planning report on the units named in section<sidenote><p class="firstIndent1 fontsize8">Reports.</p></sidenote> 203(a) (1) of this title promptly to the Colorado River Basin States and to such other parties as the Secretary deems appropriate for their review and comments. After receipt of comments on a unit and careful<sidenote><p class="firstIndent1 fontsize8">Submittal to President and Congress.</p></sidenote> consideration thereof, the Secretary shall submit each final report with his recommendations, simultaneously, to the President, other concerned Federal departments and agencies, the Congress, and the Colorado River Basin States.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">The Secretary is directed—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">in the investigation, planning, construction, and implementation<sidenote><p class="firstIndent1 fontsize8">Research and demonstration projects.</p></sidenote> of any salinity control unit involving control of salinity from irrigation sources, to cooperate with the Secretary of Agriculture in carrying out research and demonstration projects and in implementing on-the-farm improvements and farm management practices and programs which will further the objective of this title;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">to undertake research on additional methods for accomplishing the objective of this title, utilizing to the fullest extent practicable the capabilities and resources of other Federal departments and agencies, interstate institutions. States, and private organizations.</content> </paragraph> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There is hereby created the Colorado River Basin<sidenote><p class="firstIndent1 fontsize8">Colorado River Bas in Salinity Control Advisory Council.</p><p class="firstIndent1 fontsize8">Establishment; membership.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1594">43 USC 1594</ref>.</p><p class="firstIndent1 fontsize8">Duties.</p></sidenote> Salinity Control Advisory Council composed of no more than three members from each State appointed by the Governor of each of the Colorado River Basin States.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">The Council shall be advisory only and shall—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">act as liaison between both the Secretaries of Interior and Agriculture and the Administrator of the Environmental Protection Agency and the States in accomplishing the purposes of this title;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">receive reports from the Secretary on the progress of the salinity control program and review and comment on said reports; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">recommend to both the Secretary and the Administrator of the Environmental Protection Agency appropriate studies of further projects, techniques, or methods for accomplishing the purposes of this title.</content> </paragraph> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Secretary shall allocate the total costs of each<sidenote><p class="firstIndent1 fontsize8">Costs, allocation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1595">43 USC 1595</ref>.</p></sidenote> unit or separable feature thereof authorized by section 202 of this title, as follows:</chapeau> <page identifier="/us/stat/88/273">88 <inline class="smallCaps">Stat</inline>. 273</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">In recognition of Federal responsibility for the Colorado River as an interstate stream and for international comity with Mexico, Federal ownership of the lands of the Colorado River Basin from which most of the dissolved salts originate, and the policy embodied in the Federal Water Pollution Control Act Amendments of 1972 (86 Stat. 816), 75 per centum of the total costs of construction, operation, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s1251">33 USC 1251 note</ref>.</p></sidenote> maintenance, and replacement of each unit or separable feature thereof shall be nonreimbursable.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">Twenty-five per centum of the total costs shall be allocated between the Upper Colorado River Basin Fund established by section 5(a) of the Colorado River Storage Project Act (70 Stat. 107) and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s620d">43 USC 620d</ref>.</p></sidenote> the Lower Colorado River Basin Development Fund established by section 403(a) of the Colorado River Basin Project Act (82 Stat. 895), after consultation with the Advisory Council created in section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1543">43 USC 1543</ref>.</p></sidenote> 204 (a) of this title and consideration of the following items:</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">(i) </num> <content class="inline">benefits to be derived in each basin from the use of water of improved quality and the use of works for improved water management;</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content class="inline">causes of salinity; and</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content class="inline">availability of revenues in the Lower Colorado River Basin Development Fund and increased revenues to the Upper Colorado River Basin Fund made available under section 205(d) of this title: <i>Provided</i>, That costs allocated to the Upper Colorado <sidenote><p class="firstIndent1 fontsize8">Costs, limitation.</p></sidenote> River Basin Fund under section 205(a) (2) of this title shall not exceed 15 per centum of the costs allocated to the Upper Colorado River Basin Fund and the Lower Colorado River Basin Development Fund.</content> </clause> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Costs of construction of each unit or separable feature thereof <sidenote><p class="firstIndent1 fontsize8">Construction costs, repayment.</p></sidenote> allocated to the upper basin and to the lower basin under section 205(a) (2) of this title shall be repaid within a fifty-year period without interest from the date such unit or separable feature thereof is determined by the Secretary to be in operation.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Costs of construction, operation, maintenance, and replacement of each unit or separable feature thereof allocated for repayment by the lower basin under section 205(a) (2) of this title shall be paid in accordance with subsection 205(b) (2) of this title, from the Lower Colorado River Basin Development Fund.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 403(g) of the Colorado River Basin Project Act (82 Stat. 896) is hereby amended as follows: strike the word “<quotedText>and</quotedText>” after <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1543">43 USC 1543</ref>.</p></sidenote> the word “<quotedText>Act,</quotedText>” in line 8; insert after the word “<quotedText>Act,</quotedText>” the following “(2) for repayment to the general fund of the Treasury the costs of each salinity control unit or separable feature thereof payable from the Lower Colorado River Basin Development Fund in accordance with sections 205(a) (2), 205(a) (3), and 205(b) (1) of the Colorado River Salinity Control Act and”; change paragraph (2) to paragraph (3).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Costs of construction, operation, maintenance, and replacement of each unit or separable feature thereof allocated for repayment by the upper basin under section 205(a) (2) of this title shall be paid in accordance with section 205(d) of this title from the Upper Colorado River Basin Fund within the limit of the funds made available under section 205(e) of this title.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Section 5(d) of the Colorado River Storage Project Act (70 Stat. 108) is hereby amended as follows: strike the word “<quotedText>and</quotedText>” at the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s620d">43 USC 620d</ref>.</p></sidenote> end of paragraph (3); strike the period after the word “<quotedText>years</quotedText>” at the end of paragraph (4) and insert a semicolon in lieu thereof followed by the word “<quotedText>and</quotedText>”; add a new paragraph (5) reading: <page identifier="/us/stat/88/274">88 <inline class="smallCaps">Stat</inline>. 274</page> <quotedContent> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">the costs of each salinity control unit or separable feature thereof payable from the Upper Colorado River Basin Fund in accordance with sections 205(a)(2), 205(a)(3), and 205(c) of the Colorado River Salinity Control Act.”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">The Secretary is authorized to make upward adjustments in<sidenote><p class="firstIndent1 fontsize8">Electrical energy rates, adjustments.</p></sidenote> rates charged for electrical energy under all contracts administered by the Secretary under the Colorado River Storage Project Act (70 Stat. 105,43 U.S.C. 620) as soon as practicable and to the extent necessary to cover the costs of construction, operation, maintenance, and replacement of units allocated under section 205(a)(2) and in conformity with section 205(a) (3) of this title: <proviso><i>Provided</i>, That revenues derived from said rate adjustments shall be available solely for the construction, operation, maintenance, and replacement of salinity control units in the Colorado River Basin herein authorized</proviso>.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <content class="inline">Commencing on January 1, 1975, and every two years<sidenote><p class="firstIndent1 fontsize8">Report to President, Congress and Advisory Council.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1596">43 USC 1596</ref>.</p></sidenote> thereafter, the Secretary shall submit, simultaneously, to the President, the Congress, and the Advisory Council created in section 204(a) of this title, a report on the Colorado River salinity control program authorized by this title covering the progress of investigations, planning, and construction of salinity control units for the previous fiscal year, the effectiveness of such units, anticipated work needed to be accomplished in the future to meet the objectives of this title, with emphasis on the needs during the five years immediately following the date of each report, and any special problems that may be impeding progress in attaining an effective salinity control program. Said report may be included in the biennial report on the quality of water of the Colorado River Basin prepared by the Secretary pursuant to section 15 of the Colorado River Storage Project Act (70 Stat. 111; 43 U.S.C. 602n), section 15 of the Navajo Indian irrigation project, and the initial stage of the San Juan Chama Project Act (76 Stat. 102), and section 6 of the Fryingpan-Arkansas Project Act (76 Stat.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s615ww">43 USC 615ww</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s616c">43 USC 616c</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1597">43 USC 1597</ref>.</p></sidenote> 393).</content> </section> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num> <content class="inline">Except as provided in section 205(b) and 205(d) of this title, with respect to the Colorado River Basin Project Act and the Colorado River Storage Project Act, respectively, nothing in this title shall be construed to alter, amend, repeal, modify, interpret, or be in conflict with the provisions of the Colorado River Compact (45 Stat. 1057), the Upper Colorado River Basin Compact (63 Stat. 31), the Water Treaty of 1944 with the United Mexican States (Treaty Series 994; 59 Stat. 1219), the decree entered by the Supreme Court of the United States in Arizona against California and others (376 U.S. 340), the Boulder Canyon Project Act (45 Stat. 1057), Boulder Canyon Project Adjustment Act (54 Stat. 774; 43 U.S.C. 618a), section 15 of the Colorado River Storage Project Act (70 Stat. 111; 43 U.S.C. 620n), the Colorado River Basin Project Act (82 Stat. 885), section 6<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1501">43 USC 1501 note</ref>.</p></sidenote> of the Fryingpan-Arkansas Project Act (76 Stat. 393), section 15 of the Navajo Indian irrigation project and initial stage of the San Juan-Chama Project Act (76 Stat. 102), the National Environmental Policy Act of 1969, and the Federal Water Pollution Control Act,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4321">42 USC 4321 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s1251">33 USC 1251 note</ref>.</p><p class="firstIndent1 fontsize8">Project modifications.</p><p class="firstIndent1 fontsize8">Funds, Expenditure.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1598">43 USC 1598</ref>.</p></sidenote> as amended.</content> </section> <section class="firstIndent1 fontsize10"> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Secretary is authorized to provide for modifications of the projects authorized by this title as determined to be appropriate for purposes of meeting the objective of this title. No funds for any such modification shall be expended until the expiration of sixty days after the proposed modification has been submitted to appropriate committees of the Congress, and not then if disapproved by said com-<page identifier="/us/stat/88/275">88 <inline class="smallCaps">Stat</inline>. 275</page>mittees, except that funds may be expended prior to the expiration of such sixty days in any case in which the Congress approves an earlier date by concurrent resolution. The Governors of the Colorado River Basin States shall be notified of these changes.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Secretary is hereby authorized to enter into contracts that <sidenote><p class="firstIndent1 fontsize8">Contract authority.</p></sidenote> he deems necessary to carry out the provisions of this title, in advance of the appropriation of funds therefor. There is hereby authorized to <sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> be appropriated the sum of $125,100,000 for the construction of the works and for other purposes authorized in section 202 of this title, based on April 1973 prices, plus or minus such amounts as may be justified by reason of ordinary fluctuations in costs involved therein, and such sums as may be required to operate and maintain such works. There is further authorized to be appropriated such sums as may be necessary to pay condemnation awards in excess of appraised values and to cover costs required in connection with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of U)TO (Public Law 90–646). <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4601">42 USC 4601 note.</ref></p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1599">43 USC 1599</ref>.</p></sidenote></content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num> <chapeau class="inline">As used in this title—</chapeau> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">all terms that are defined in the Colorado River Compact shall have the meanings therein defined;</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">“Colorado River Basin States” means the States of<sidenote><p class="firstIndent1 fontsize8">“Colorado River Basin States.”</p></sidenote> Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming.</content> </subsection> </section> Approved June 24, 1974.
Public Law 93–321: Making further urgent supplemental appropriations for the fiscal year ending June 30, 1974, for the Veterans Administration, and for other purposes Public Law 321 88 Stat. 275 1974-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–321
Joint Resolution Making further urgent supplemental appropriations for the fiscal year ending June 30, 1974, for the Veterans Administration, and for other purposes

June 30, 1974

[H. J. Res. 1061]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following sums

Veterans administration.

Supplemental appropriation.

 are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1974, namely:
Veterans Administration compensation and pensions For an additional amount for Compensation and Pensions, $100,000,000, to remain available until expended. readjustment benefits For an additional amount for Readjustment Benefits, $77,000,000, to remain available until expended. general operating expenses For an additional amount for General Operating Expenses, $2,000,000. Approved June 30, 1974.
Public Law 93–322: Making appropriations for energy research and development activities of certain departments, independent executive agencies, bureaus, offices, and commissions for the fiscal year ending June 30, 1975, and for other purposes. Public Law 322 88 Stat. 276 1974-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 276 Public Law 93–322
An Act Making appropriations for energy research and development activities of certain departments, independent executive agencies, bureaus, offices, and commissions for the fiscal year ending June 30, 1975, and for other purposes.

June 30, 1974

[H. R. 14434]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following

Special Energy Research and Development Appropriation Act, 1975.

 sums are appropriated, out of any money in the Treasury not otherwise appropriated, for energy research and development activities of certain departments, independent executive agencies, bureaus, offices, and commissions for the fiscal year ending June 30, 1975, and for other purposes, namely: <num value="I">TITLE I</num> <chapter> <num value="I">CHAPTER I</num> <heading class="centered">ENVIRONMENTAL PROTECTION AGENCY</heading> <appropriations level="intermediate"> <heading>Energy Research and Development</heading> <content>For energy research and development activities, including hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; uniforms, or allowances therefor, as authorized by section 5901–5902, United States Code, title 5; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate of GS–18; purchase of reprints; library<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; $54,000,000, to remain available until expended.</content> </appropriations> </chapter> <chapter> <num value="II">CHAPTER II</num> <heading class="centered">NATIONAL AERONAUTICS AND SPACE ADMINISTRATION</heading> <appropriations level="intermediate"> <heading>Research and Development</heading> <content>For necessary expenses of the National Aeronautics and Space Administration relating to programs and other activities in research and development, including services as authorized by 5 U.S.C. 3109, $4,435,000, to remain available until expended.</content> </appropriations> <appropriations level="major"> <heading>NATIONAL SCIENCE FOUNDATION</heading> <appropriations level="intermediate"> <heading>Salaries and Expenses</heading> <content>For expenses necessary to carry out the purposes of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), title IX of the National Defense Education Act of 1958 (42 U.S.C. 1876–1879), including award of graduate fellowships; services as authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and purchases of flight services for research support; hire of passenger motor vehicles; not to exceed $2,200,000 for program development and management; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902) ; rental of conference rooms in the District<page identifier="/us/stat/88/277">88 <inline class="smallCaps">Stat</inline>. 277</page> of Columbia; and reimbursement of the General Services Administration for security guard services; $101,800,000, to remain available until expended, to be used for programs and other activities in support of energy related basic and applied research.</content> </appropriations> </appropriations> </chapter> <chapter> <num value="III">CHAPTER III</num> <heading class="centered">DEPARTMENT OF THE INTERIOR</heading> <appropriations level="intermediate"> <heading>Geological Survey</heading> <appropriations level="small"> <heading>surveys, investigations, and research</heading> <content>For expenses related to the energy activities of the Geological Survey, $43,125,000.</content> </appropriations> </appropriations> <appropriations level="small"> <heading>administrative provision</heading> <content>The amount appropriated for the Geological Survey shall be available for the acquisition of one additional aircraft and for contracting for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest.</content> </appropriations> <appropriations level="intermediate"> <heading>Bureau of Mines</heading> <appropriations level="small"> <heading>mines and minerals</heading> <content>For expenses necessary to enable the Bureau of Mines to perform research and development programs relating to the extraction, processing, and utilization of energy resources without objectionable social and environmental costs; to foster and encourage private enterprise in the development of energy resources; and for other related purposes as authorized by law; $142,298,000 of which $103,500,000 shall remain available until expended: <proviso><i>Provided</i>, That no part of the sum herein appropriated shall be used for the field testing of nuclear explosives in the recovery of oil and gas</proviso>.</content> </appropriations> </appropriations> <appropriations level="small"> <heading>administrative provision</heading> <content>The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private: <proviso><i>Provided</i>, That the Bureau of Mines is authorized during the current fiscal year, to sell directly or through any Government agency, including corporations, any metal or mineral product that may be manufactured in pilot plants operated by the Bureau of Mines, and the proceeds of such sales shall be covered into the Treasury as miscellaneous receipts</proviso>.</content> </appropriations> <appropriations level="intermediate"> <heading>Office of Coal Research</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses to encourage and stimulate the production and conservation of coal in the United States through research and development, as authorized by law (30 U.S.C. 661–668), $261,278,000, to remain available until expended, of which not to exceed $6,541,000 shall be available for administration and supervision.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/278">88 <inline class="smallCaps">Stat</inline>. 278</page> <appropriations level="intermediate"> <heading>Fuel Allocation, Oil and Gas Programs</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses to enable the Secretary to discharge his responsibilities with respect to oil and gas, including cooperation with the petroleum and natural gas industries and State and local authorities in the production, processing, and utilization of petroleum and its products, and natural gas, $69,590,000, of which $10,000,000, to remain available until expended, shall be available for reimbursement of State and local public agencies as authorized by Public Law 93–275, section 7 (d).<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 100.</p></sidenote></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Office of the Secretary</heading> <appropriations level="small"> <heading>energy conservation and analysis</heading> <content>For necessary expenses to support energy conservation research, data collection, and analysis, $26,875,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>General Provisions, Department of the Interior</heading> <section> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content>Appropriations made in this chapter shall be available<sidenote><p class="firstIndent1 fontsize8">Warehouses and garages.</p></sidenote> for operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by the Act of June 30, 1932 (31 U.S.C. 686) : <proviso><i>Provided</i>, That reimbursements for costs of supplies, materials and equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received</proviso>.</content> </section> <section> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <content>Appropriations made to the Department of the Interior<sidenote><p class="firstIndent1 fontsize8">Experts and consultants.</p></sidenote> in this chapter shall be available for services as authorized by 5 U.S.C. 3109, when authorized by the Secretary; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members.</content> </section> <section> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <content>Appropriations available to the Department of the Interior <sidenote><p class="firstIndent1 fontsize8">Uniforms.</p></sidenote> for salaries and expenses shall be available for uniforms or allowances therefore, as authorized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).</content> </section> </appropriations> </chapter> <chapter> <num value="IV">CHAPTER IV</num> <heading class="centered">ATOMIC ENERGY COMMISSION</heading> <appropriations level="intermediate"> <heading>Operating Expenses</heading> <content>For necessary operating expenses of the Commission in carrying out the purposes of the Atomic Energy Act of 1954, as amended, including<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2011">42 USC 2011 note</ref>.</p></sidenote> the employment of aliens; services authorized by 5 U.S.C. 3109; hire, maintenance, and operation of aircraft; publication and dissemination of atomic information; purchase, repair, and cleaning of uniforms; reimbursement of the General Services Administration for security guard services; hire of passenger motor vehicles; $1,032,690,000 and any moneys (except sums received from disposal of property under<page identifier="/us/stat/88/279">88 <inline class="smallCaps">Stat</inline>. 279</page> the Atomic Energy Community Act of 1955, as amended (42 U.S.C. 2301)) received by the Commission, notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), to remain available until expended: <proviso><i>Provided</i>, That from this appropriation transfers of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred:</proviso> <proviso><i>Provided further</i>, That no part of the sum herein appropriated shall be used for the field testing of nuclear explosives in the recovery of oil and gas</proviso>.</content> </appropriations> <appropriations level="intermediate"> <heading>Plant and Capital Equipment</heading> <content>For expenses of the Commission, as authorized by law, in connection with the purchase and construction of plant and the acquisition of capital equipment and other expenses incidental thereto necessary in carrying out the purposes of the Atomic Energy Act of 1954, as amended, including the acquisition or condemnation of any real property <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2011">42 USC 2011 note</ref>.</p></sidenote> or any facility or for plant or facility acquisition, construction, or expansion; $453,970,000, to remain available until expended.</content> </appropriations> <appropriations level="major"> <heading>DEPARTMENT OF THE INTERIOR</heading> <appropriations level="intermediate"> <heading>Bonneville Power Administration</heading> <appropriations level="small"> <heading>construction</heading> <content>For construction and acquisition of transmission lines, substations, and appurtenant facilities, as authorized by law, $5,500,000, to remain available until expended.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Office of the Secretary</heading> <appropriations level="small"> <heading>underground and other electric power transmission research</heading> <content>For necessary expenses of research and development in underground and other electric power transmission, $8,498,000, to remain available until expended.</content> </appropriations> </appropriations> </appropriations> </chapter> <chapter> <num value="V">CHAPTER V</num> <heading class="centered">DEPARTMENT OF COMMERCE</heading> <appropriations level="intermediate"> <heading>National Oceanic and Atmospheric Administration</heading> <appropriations level="small"> <heading>operations, research, and facilities</heading> <content>For necessary expenses of the National Oceanic and Atmospheric Administration to reactivate, equip, and operate certain oceanographic research vessels for the purpose of conducting assessments of energy-related offshore environmental problems associated with energy activities, $6,630,000, to remain available until expended.</content> </appropriations> </appropriations> </chapter> <page identifier="/us/stat/88/280">88 <inline class="smallCaps">Stat</inline>. 280</page> <chapter> <num value="VI">CHAPTER VI</num> <heading class="centered">DEPARTMENT OF TRANSPORTATION</heading> <appropriations level="intermediate"> <heading>Office of the Secretary</heading> <appropriations level="small"> <heading>transportation planning, research, and development</heading> <content>For necessary expenses for conducting transportation planning, research, and development activities, including the collection of national transportation statistics, to remain available until expended, $6,400,000.</content> </appropriations> </appropriations> </chapter> <chapter> <num value="VII">CHAPTER VII</num> <heading class="centered">FEDERAL ENERGY OFFICE</heading> <appropriations level="intermediate"> <heading>Salaries and Expenses</heading> <content>For necessary expenses of the Federal Energy Office established by Executive Order Numbered 11748, dated December 4, 1973, including<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s754">15 USC 754 note</ref>.</p></sidenote> hire of passenger motor vehicles, reimbursements to the Emergency Fund of the President for allocations to the Office, and services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem equivalent of the rate for grade GS–18, $19,000,000:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> <proviso><i>Provided</i>, That advances or repayments or transfers from this appropriation may be made to any department or agency for expenses of carrying out such activities</proviso>.</content> </appropriations> </chapter> <num value="II">TITLE II</num> <heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content>No part of any appropriation contained in this Act shall<sidenote><p class="firstIndent1 fontsize8">Fiscal year limitation.</p></sidenote> remain available for obligation beyond the current fiscal year unless expressly so provided herein.</content> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content> <p class="inline">No part of any appropriation contained in this Act shall be available for paying to the Administrator of the General Services Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210 (j) of the Federal Property and Administrative Services Act of 1949, as amended, for space and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s490">40 USC 490</ref>.</p></sidenote> services.</p> <p class="indent0 firstIndent1 fontsize10">This Act may be cited as the “Special Energy Research and Development <sidenote><p class="firstIndent1 fontsize8">Short title.</p></sidenote> Appropriation Act, 1975”.</p> </content> </section>
Approved June 30, 1974.
Public Law 93–323: To extend by thirty days the expiration date of the Defense Production Act of 1950. Public Law 323 88 Stat. 280 1974-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–323
Joint Resolution To extend by thirty days the expiration date of the Defense Production Act of 1950.

June 30, 1974

[H. J. Res. 1056]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the first sentence of section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended by striking out “June 30” and inserting in lieu thereof “July 30”.
Approved June 30, 1974.
Public Law 93–324: Making continuing appropriations for the fiscal year 1975, and for other purposes. Public Law 324 88 Stat. 281 1974-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 281 Public Law 93–324
Joint Resolution Making continuing appropriations for the fiscal year 1975, and for other purposes.

June 30, 1974

[H. J. Res. 1062]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following sums are

Continuing appropriations, 1975.

 appropriated out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of the Government for the fiscal year 1975, namely:
Sec. 101. (a) (1) Such amounts as may be necessary for continuing projects or activities (not otherwise specifically provided for in this joint resolution or other enacted Appropriation Acts for the fiscal year 1975) which were conducted in the fiscal year 1974 and for which appropriations, funds, or other authority would be available in the following Appropriation Acts for the fiscal year 1975:

Agriculture-Environmental and Consumer Protection Appropriation Act;

District of Columbia Appropriation Act;

Department of Housing and Urban Development; Space, Science, Veterans, and Certain Other Independent Agencies Appropriation Act;

Departments of Labor, and Health, Education, and Welfare, and Related Agencies Appropriation Act;

Legislative Branch Appropriation Act;

Public Works for Water and Power Development and Atomic Energy Commission Appropriation Act;

Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, notwithstanding section 701 of the United States Information and Educational Exchange Act of 1948, as amended;

22 USC 1476.

Department of Transportation and Related Agencies Appropriation Act; and

Treasury, Postal Service, and General Government Appropriation Act including not to exceed one quarter of the “Payment to the Postal Service Fund”.

 (2) Appropriations made by this subsection shall be available to the extent and in the manner which would be provided by the pertinent Appropriation Act. (3) Whenever the amount which would be made available or the authority which would be granted under an Act listed in this subsection as passed by the House as of July 1, 1974, is different from that which would be available or granted under such Act as passed by the Senate as of July 1, 1974, the pertinent project or activity shall be continued under the lesser amount or the more restrictive authority: Provided, That no provision in any Appropriation Act for the fiscal year 1975; which makes the availability of any appropriation provided therein dependent upon the enactment of additional authorizing or other legislation, shall be effective before the date set forth in section 102(c) of this joint resolution. (4) Whenever an Act listed in this subsection has been passed by only one House as of July 1, 1974, or where an item is included in only one version of an Act as passed by both Houses as of July 1, 1974, the pertinent project or activity shall be continued under the appropriation, fund, or authority granted by the one House, but at a rate for operations not exceeding the current rate or the rate permitted by the action of the one House, whichever is lower: Provided, That no provision which is included in an Appropriation Act enumerated in this88 Stat. 282 subsection but which was not included in the applicable appropriation Act for 1974, and which by its terms is applicable to more than one appropriation, fund, or authority shall be applicable to any appropriation, fund, or authority provided in this joint resolution unless such provision shall have been included in identical form in such bill as enacted by both the House and the Senate: Provided further, That with respect to appropriations, including any activity, program, or project, contained in the Departments of Labor, and Health, Education, and Welfare, and Related Agencies Appropriation Act, 1974 (Public Law 93–192), the current rate for operations shall be that

87 Stat. 746.

 permitted by the specific provisions set forth in the enacting clause of Public Law 93–192. (b) Such amounts as may be necessary for continuing projects or activities (not otherwise provided for in this joint resolution or other enacted Appropriation Acts for the fiscal year 1975) which were conducted in the fiscal year 1974 and are listed in this subsection at a rate for operations not in excess of the current rate or the rate provided for in the budget estimate, whichever is lower, and under the more restrictive authority—

activities for which provision was made in the Department of Interior and Related Agencies Appropriation Act, 1974;

87 Stat. 429.

activities for which provision was made in the Military Construction Appropriation Act, 1974;

87 Stat. 766.

activities for which provision was made in the Department of Defense Appropriation Act, 1974: Provided, That the continuation

87 Stat. 1026.

South Vietnamese military forces , fund for support.

of support for South Vietnamese military forces shall be administered and accounted for from one fund, at an annual rate of $1,000,000,000, to be obligated only by the issuance of orders by the Secretary of Defense for such support: Provided further, That the fund for support of Vietnamese military forces shall be deemed obligated at the time the Secretary of Defense issues orders authorizing support of any kind, which obligations shall in the case of non-excess materials and supplies to be famished from the inventory of Department of Defense be equal to the replacement costs thereof at the time such obligation is incurred and in the case of excess materials and supplies be equal to the actual value thereof at the time such obligation is incurred: Provided further, That none of the activities for support of South Vietnamese military forces contained in this paragraph should be funded at a rate exceeding one quarter of the annual rate as provided by this joint resolution;

activities for which provision was made in tho Foreign Assistance and Related Programs Appropriations Act, 1974, notwithstanding

87 Stat. 1049.

22 USC 2412.

22 USC 2415.

section 10 of Public Law 91–672, and section 655(c) of the Foreign Assistance Act of 1961, as amended: Provided, That in computing the current rate of operations of military assistance there shall be included: (1) the amount of contract authority used during the fiscal year 1974 pursuant to section 506(a) of the Foreign Assistance Act of 1961, as amended, for military assistance

22 USC 2318.

 to Cambodia, and (2) the amount of obligations incurred in Department of Defense appropriations during the fiscal year 1974 for military assistance to Laos;

 The following activities for which provision was made in the Departments of Labor and Health, Education, and Welfare Appropriation Act, 1974, the Supplemental Appropriations Act,

87 Stat. 746.

87 Stat. 1071.

Ante, p. 195.

 1974, or the Second Supplemental Appropriations Act, 1974:

activities under sections 301(h), 304, 305, 310, 314 (d) and (e) and 329 of the Public Health Service Act, as amended;

activities under title III, part J, and title X of the Public Health Service Act, as amended;

42 USC 241, 242b, 242c, 242h, 246, 254b.

42 USC 280b, 300.

88 Stat. 283

activities under title VII of the Elementary and Secondary Education Act of 1965, as amended;

20 USC 880b.

activities under the Education of the Handicapped Act;

20 USC 1401 note.

activities under the Economic Opportunity Act of 1964, as amended;

42 USC 2701 note.

activities under section 1113 of the Social Security Act, as amended;

42 USC 1313.

activities under the Developmental Disabilities Services and Facilities Construction Act;

42 USC 2661 note.

activities under the Youth Development and Delinquency Prevention Act;

42 USC 3801 note.

activities under title VII of the Older Americans Act;

42 USC 3045.

and

activities for “Health resources” as set forth in the 1975 budget;

activities of the American Revolution Bicentennial Administration;

activities of the Cabinet Committee on Opportunities for Spanish-Speaking People;

activities under the Natural Gas Pipeline Safety Act of 1968, as amended;

49 USC 1671 note.

activities of the Federal Railroad Administration for Grants to National Railroad Passenger Corporation;

activities of the Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped; and

activities of the Council on International Economic Policy.

 (c) Such amounts as may be necessary for continuing the following activities, but at a rate for operations not in excess of the budget estimate—

activities under title XVI of the Social Security Act, as amended;

42 USC 1381.

activities related to terminating the economic stabilization program;

activities of the Veterans’ Administration’s program to provide representatives on college campuses;

activities necessary for studies related to oil and gas leasing on the Outer Continental Shelf; and

activities necessary to respond to energy-related right-of-way requests across public lands including such features as oil and gas pipelines, power transmission lines, railroad, and tramroads.

 (d) Such amounts as may be necessary for continuing the following activities, but at a rate for operations not in excess of the current rate— The following activities for which provision was made in the Departments of Labor and Health, Education, and Welfare Appropriations Act, 1974, the Supplemental Appropriations Act,

87 Stat. 746.

87 stat. 1071.

 1974, or the Second Supplemental Appropriations Act, 1974:

health planning activities under section 314 of the Public Health Service Act, as amended;

42 USC 246.

activities under titles VI and IX , and sections 306, 309,

42 USC 291, 299, 242d, 242g, 293, 295h–1, 295h–3, 296, 296d, 296e, 296i, 297.

720, 792–794, 801, 805(b), 806, 810(d), and 821(a) of the Public Health Service Act;

construction under section 201 of the Community Mental Health Centers Act;

activities under the Drug Abuse Education Act;

42 USC 2681.

21 USC 1001 note.

42 USC 908.

training under section 707 of the Social Security Act;

activities under part B of the Education of the Handicapped Act;

20 USC 1411.

activities under the Adult Education Act;

20 USC 1201 note.

88 Stat. 284

activities under titles I, II, III, V, VIII, and IX of the Elementary and Secondary Education Act of 1965, as amended: Provided, That distribution of funds under title I

20 USC 821 note, 821, 841, 861, 881, 900.

shall be based upon the provisions contained in title I of H.R. 69 as passed by the Senate;

activities under title III of the National Defense Education Act of 1958;

20 USC 441.

activities under the Emergency School Aid Act;

20 USC 1601 note.

school assistance in federally affected areas authorized by Public Law 81–815 and Public Law 81–874;

20 USC 631.

all remaining activities except titles I and III (B) under the

20 USC 236.

Economic Opportunity Act of 1964, as amended;

activities of the National Council on Indian Opportunity;

activities under Par t A of the Indian Education Act; and

20 USC 241aa note.

notwithstanding the fourth clause of subsection (b) of this section, activities of the Department of Health, Education, and Welfare for assistance to refugees in the United States (Cuban program) shall be funded at not to exceed the annual rate for obligations of $100,000,000.

 (e) Applicable appropriations made by this joint resolution shall be available in such amounts as may be necessary for departments, agencies, corporations, and other organizational units of the Government to pay not in excess of 90 per centum of the amount contained in the budget estimates for fiscal year 1975 of the first quarter standard level user charges pursuant to section 210(j), of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(j)). (f) Such amounts as may be necessary for continuing projects or activities for which disbursements are made by the Secretary of the Senate, and the Senate items under the Architect of the Capitol, to the extent and in the manner which would be provided for in the budget estimates for fiscal year 1975. (g) Such amount as may be necessary for continuing activities of the Parliamentarian of the House of Representatives for compiling the precedents of the House of Representatives to the extent and in the manner which would be provided for in the budget estimates for the fiscal year 1975. (h) Such amount as may be necessary for continuing activities of the Subcommittee on Fiscal Policy of the Joint Economic Committee to the extent and manner as provided in the Legislative Branch Appropriations Act, 1975, as passed by the Senate.
Sec. 102. Appropriations and funds made available and authority granted pursuant to this joint resolution shall be available from July 1, 1974, and shall remain available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) enactment of the applicable appropriation Act by both Houses without any provision for such project or activity, or (c) September 30, 1974, whichever first occurs.
Sec. 103. Appropriations and funds made available or authority granted pursuant to this joint resolution may be used without regard to the time limitations for submission and approval of apportionments set forth in subsection (d) (2) of section 3679 of the Revised Statutes, as amended, but nothing herein shall be construed to waive any other

31 USC 665.

 provision of law governing the apportionment of funds.
Sec. 104. Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this joint resolution.
88 Stat. 285
Sec. 105. Expenditures made pursuant to this joint resolution shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law.
Sec. 106. Except as provided in section 101(e) no appropriation or

Ante, p. 284.

 fund made available or authority granted pursuant to this joint resolution shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the fiscal year 1974.
Sec. 107. Any appropriation for the fiscal year 1975 required to be apportioned pursuant to section 3679 of the Revised Statutes, as

31 USC 665.

 amended, may be apportioned on a basis indicating the need (to the extent any such increases cannot be absorbed within available appropriations) for a supplemental or deficiency estimate of appropriation to the extent necessary to permit payment of such pay increases as may be granted pursuant to law to civilian officers and employees and to active and retired military personnel. Each such appropriation shall otherwise be subject to the requirements of section 3679 of the Revised Statutes, as amended.
Sec. 108. All obligations incurred in anticipation of the appropriations and authority provided in this joint resolution are hereby ratified and confirmed if otherwise in accordance with the provisions of this joint resolution.
Sec. 109. None of the funds herein made available shall be expended

North Vietnam, reconstruction, funds, prohibition.

 to aid or assist in the reconstruction or the Democratic Republic of Vietnam (North Vietnam).
Sec. 110. None of the funds herein made available shall be obligated

Southeast Asia, combat activities, funds, prohibition.

 or expended to finance directly or indirectly combat activities by United States military forces in or over or from off the shores of North Vietnam, South Vietnam, Laos, or Cambodia.
Sec. 111. Any provision of law which requires unexpended funds to return to the general fund of the Treasury at the end of the fiscal year shall not be held to affect the status of any lawsuit or right of action involving the right to those funds.
Approved June 30, 1974.
Public Law 93–325: To provide for a temporary increase in the public debt limit. Public Law 325 88 Stat. 285 1974-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–325
An Act To provide for a temporary increase in the public debt limit.

June 30, 1974

[H. R. 14832]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That during the

Public debt limit.

Temporary increase.

 period beginning on the date of the enactment of this Act and ending on March 31, 1975, the public debt limit set forth in the first sentence of section 21 of the Second Liberty Bond Act (31 U.S.C. 757b) shall be temporarily increased by $95,000,000,000.
Sec. 2. Effective on the date of the enactment of this Act, the first

Repeal; effective date.

31 USC 757b note.

 section of the Act of December 3, 1973, providing for a temporary increase in the public debt limit for a period ending June 30, 1974 (Public Law 93–173), is hereby repealed.

87 Stat. 691.
Approved June 30, 1974.
Public Law 93–326: To amend the National School Lunch Act, to authorize the use of certain funds to purchase agricultural commodities for distribution to schools, and for other purposes. Public Law 326 88 Stat. 286 1974-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 286 Public Law 93–326
An Act To amend the National School Lunch Act, to authorize the use of certain funds to purchase agricultural commodities for distribution to schools, and for other purposes.

June 30, 1974

[H. R. 14354]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

National School Lunch and Child Nutrition Act Amendments of 1974.

42 USC 1751 note.

 be cited as the “National School Lunch and Child Nutrition Act Amendments of 1974”.
commodity distribution program
Sec. 2 The National School Lunch Act (42 U.S.C. 1751 et seq.) is amended by redesignating section 14 as section 15 and by inserting

42 USC 1763.

42 USC 1762.

 immediately after section IBA the following new section:
“commodity distribution program
“Sec. 14. Notwithstanding any other provision of law, the Secretary,

42 USC 1762a.

 during the period beginning July 1, 1974, and ending June 30, 1975, shall— “(1) use funds available to carry out the provisions of section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) which are not expended or needed to carry out such provisions, to purchase (without regard to the provisions of existing law governing the expenditure of public funds) agricultural commodities and their products of the types customarily purchased under such section, for donation to maintain the annually programmed level of assistance for programs carried on under this Act, the Child Nutrition Act of 1966, and title V I I of the Older Americans Act

42 USC 1771 note.

42 USC 3045.

 of 1965; and “(2) if stocks of the Commodity Credit Corporation are not available, use the funds of such Corporation to purchase agricultural commodities and their products of the types customarily available under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431), for such donation.”.
level of commodity assistance
Sec. 3. Section 6 of the National School Lunch Act is amended by

42 USC 1755.

 adding at the end thereof the following new subsection: “(e) For the fiscal year ending June 30, 1975, and subsequent fiscal years, the national average value of donated foods, or cash payments in lieu thereof, shall not be less than 10 cents per lunch, and that amount shall be adjusted on an annual basis each fiscal year after June 30, 1975, to reflect changes in the series for food away from home of the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor. Such adjustment shall be computed to the nearest one-fourth cent. Among those commodities delivered

High protein foods.

 under this section, the Secretary shall give special emphasis to high protein foods, meat, and meat alternates.”.
income guidelines for reduced price lunches
Sec. 4. The last sentence of section 9(b) of the National School Lunch Act is amended by striking out “for the fiscal year ending

42 USC 1758.

 June 30, 1974” and inserting in lieu thereof “beginning with the fiscal year ending June 30, 1974”.
88 Stat. 287
appropriation authorization for nonfood assistance
Sec. 5. The Child Nutrition Act of 1966 (42 U.S.C. 1771–1786) is amended by striking out “$20,000,000” in the first sentence of section 5(a) and inserting in lieu thereof “$40,000,000”.

42 USC 1774.
special supplemental food program
Sec. 6. The third sentence of section 17(b) of the Child Nutrition Act of 1966 is amended by striking out “$40,000,000” each place it

42 USC 1786.

 appears and inserting in lieu thereof “$100,000,000”.
technical amendment
Sec. 7. The first sentence of section 3 of the National School Lunch Act is amended by striking out “sections 11 and 13” and inserting in

42 USC 1752.

 lieu thereof “section 13”.
Approved June 30, 1974.
Public Law 93–327: To extend by thirty days the expiration date of the Export Administration Act of 1969. Public Law 327 88 Stat. 287 1974-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–327
Joint Resolution To extend by thirty days the expiration date of the Export Administration Act of 1969.

June 30, 1974

[H. J. Res. 1057]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 14 of the Export Administration Act of 1969 is amended by striking out

50 USC app. 2413.

 “June 30” and inserting in lieu thereof “July 30”
Approved June 30, 1974.
Public Law 93–328: To amend title 39, United States Code, with respect to certain rates of postage, and for other purposes. Public Law 328 88 Stat. 287 1974-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–328
An Act To amend title 39, United States Code, with respect to certain rates of postage, and for other purposes.

June 30, 1974

[S. 411]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 3626 of

Postage rates.

Adjustments, extension.

 title 39, United States Code, is amended as follows: (1) Subparagraph (1) is amended by striking out the word “tenth” and inserting in lieu thereof the word “sixteenth” and by striking out the word “and” following the semicolon. (2) Subparagraph(2) is amended— (A) by inserting the word “former” between the words “under” and “sections”; (B) by striking out “4452(a),”; (C) by striking out the word “fifth” and inserting in lieu thereof the word “eighth”; (D) by striking out “subsection” and inserting in lieu thereof “subparagraph”; and (E) by striking out the period and inserting in lieu thereof a semicolon and the word “and”. (3) Immediately below subparagraph (2), add the following new subparagraph: “(3) the rates for mail under former section 4452(a) shall be

39 USC 4452.

 equal, on and after the first day of the fifth year following the effective date of the first rate decision applicable to that class or88 Stat. 288 kind, to the rates that would have been in effect for such mail if this subparagraph had not been enacted.”
Sec. 2. Nothing in section 1 of this Act shall be construed to authorize

39 USC 3626 note.

 a reduction in any rate of postage in effect and being paid on the date of enactment of this Act.
Sec. 3. Section 2009 of title 39, United States Code, is amended by

Annual budget.

 adding at the end thereof the following: “The budget program shall also include separate statements of the amounts which the Postal Service requests to be appropriated under subsections (b) and (c) of section 2401 of this title. The President shall include these amounts,

39 USC 2401.

 with his recommendations but without revision, in the budget transmitted to Congress under section 11 of title 31.”.
Approved June 30, 1974.
Public Law 93–329: To extend the Renegotiation Act of 1951 for eighteen months. Public Law 329 88 Stat. 288 1974-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–329
An Act To extend the Renegotiation Act of 1951 for eighteen months.

June 30, 1974

[H. R. 14833]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 102

Renegotiation Act of 1951, extension.

 (c)(1) of the Renegotiation Act of 1951 (50 U.S.C. App., sec. 1212(c) (1)) is amended by striking out “June 30, 1974” and inserting in lieu thereof “December 31, 1975”.
Sec. 2. The last sentence of section 203(e) (2) of the Federal-State

Unemployment compensation.

Ante, p. 53.

 Extended Unemployment Compensation Act of 1970 is amended by striking out “July 1, 1974” and inserting in lieu thereof “August 1, 1974”.
Approved June 30, 1974.
Public Law 93–330: To authorize the foreign sale of the passenger vessel steamship Independence. Public Law 330 88 Stat. 288 1974-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–330
An Act To authorize the foreign sale of the passenger vessel steamship Independence.

June 30, 1974

[H. R. 8586]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That, notwithstanding

SS Independence.

Foreign sale.

any other provision of law or of prior contract with the United States, the laid-up passenger vessel steamship Independence may be sold and transferred to foreign ownership, registry, and flag, with the prior approval of the Secretary of Commerce. Such approval shall

Approval conditions.

 require (1) approval of the purchaser; (2) payment of existing debt and private obligations related to the vessel; (3) approval of the price, including terms of payment, for the sale of the vessel; (4) the seller to enter into an agreement with the Secretary whereby an amount equal to the net proceeds received from such sale in excess of existing obligations and expenses incident to the sale shall within a reasonable period be deposited in its capital construction fund or capital reserve fund; and (5) the purchaser to enter into an agreement with the Secretary, binding upon such purchaser and any later owner of the vessel and running with title to the vessel, that (a) the vessel will not carry passengers or cargo in competition, as determined by the Secretary, with any United States-flag passenger vessel for a period of88 Stat. 289 two years from the date the transferred vessel goes into operation; (b) the vessel will be made available to the United States in time of emergency and just compensation for title or use, as the case may be, shall be paid in accordance with section 902 of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1242) ; (c) the purchaser will comply with such further conditions as the Secretary may impose as

Surety bond.

 authorized by sections 9, 37, and 41 of the Shipping Act, 1916, as amended (46 U.S.C. 808, 835, and 839); and (d) the purchaser will furnish a surety bond in an amount and with a surety satisfactory to the Secretary to secure performance of the foregoing agreements.

In addition to any other provision such agreement may contain for of (4) and (5) above, the agreement therein required may be specifically enforced by decree for specific performance or injunction in any district court of the United States. In the agreement

Agreement enforcement.

with the Secretary, the purchaser shall irrevocably appoint a corporate agent within the United States for services or process upon such purchaser in any action to enforce the agreement.
Approved June 30, 1974.
Public Law 93–331: To extend by thirty days the expiration date of the Export-Import Bank Act of 1945. Public Law 331 88 Stat. 289 1974-07-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–331
Joint Resolution To extend by thirty days the expiration date of the Export-Import Bank Act of 1945.

July 4, 1974

[S. J. Res. 218]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 8 of the Export-Import Bank Act of 1945 is amended by striking out “June 30” and

12 USC 635f.

 inserting in lieu thereof “July 30”.
Approved July 4, 1974.
Public Law 93–332: To amend the Arms Control and Disarmament Act, as amended, in order to extend the authorization for appropriations, and for other purposes. Public Law 332 88 Stat. 289 1974-07-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–332
An Act To amend the Arms Control and Disarmament Act, as amended, in order to extend the authorization for appropriations, and for other purposes.

July 8, 1974

[H. R. 12799]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) section

Arms control and Disarmament Act, amendments.

 41 (d) of the Arms Control and Disarmament Act (22 U.S.C. 2581 (d)) is amended by (1) deleting “as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates not to exceed $100 per diem for individuals,” and substituting therefor “as authorized by section 3109 of title 5 of the United States Code,”; (2) deleting “section 5 of said Act, as amended (5 U.S.C. 73b–2)” and substituting therefor “section 5703 of such title”; and (3) deleting from the first proviso thereof “one hundred days” and substituting therefor “130 days”.
(b) Section 49(a) of such Act (22 U.S.C. 2589(a)) is amended by inserting in the second sentence thereof immediately after “$22,000,000,” the following: “and for the fiscal year 1975, the sum of $10,100,000,”. Approved July 8, 1974.
Public Law 93–333: To amend the Foreign Assistance Act of 1961 to authorize appropriations to provide disaster and other relief to Pakistan, Nicaragua, and the drought-stricken nations of Africa, and for other purposes. Public Law 333 88 Stat. 290 1974-07-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 290 Public Law 93–333
An Act To amend the Foreign Assistance Act of 1961 to authorize appropriations to provide disaster and other relief to Pakistan, Nicaragua, and the drought-stricken nations of Africa, and for other purposes.

July 8, 1974

[H. R. 12412]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Foreign Disaster Assistance Act of 1974.

22 USC 2262 note.

22 USC 2261.

 be cited as the “Foreign Disaster Assistance Act of 1974”.
Sec. 2. Chapter 5 of part I of the Foreign Assistance Act of 1961 is amended— (1) by striking out of the chapter heading “Contingency Fund” and inserting in lieu thereof “Disaster Relief”; and (2) by inserting immediately after section 451 the following new section:
“Sec. 452. Disaster Relief Assistance.— There are authorized to be

Pakistan and Nicaragua.

22 USC 2262.

 appropriated, in addition to other sums available for such purposes, $65,000,000 for use by the President for disaster relief and emergency recovery needs in Pakistan and Nicaragua, under such terms and conditions as he may determine, such sums to remain available until expended.”
Sec. 3. Section 639A of the Foreign Assistance Act of 1961 is

Drought stricken African nations.

22 USC 2399–1a.

 amended— (1) by striking out “the African Sahel” in the section caption and inserting “Drought-stricken African Nations” in lieu thereof; (2) by striking out of subsection (a) “Sahelian”; (3) by striking out “$25,000,000” in subsection (b) and inserting “$110,000,000” in lieu thereof; (4) by striking out “Sahelian” in subsection (b); and (5) by adding at the end of subsection (b) the following new sentence: “Of the amount authorized to be appropriated under

Ethiopia, appropriation limitation.

 this subsection, not more than $10,000,000 shall be made available for Ethiopia.”
Sec. 4. The Secretary of State shall keep the appropriate committees

Debts owed to U.S. , information to congressional committees.

22 USC 2395 note.

 of Congress fully and currently informed of the ongoing status of any negotiations with any foreign government regarding the cancellation, renegotiation, rescheduling, or settlement of any debt owed to the United States by any such foreign government under the Foreign Assistance Act of 1961. The Secretary of State shall transmit to the

22 USC 2151 note.

Debt modification proposals, transmittal to Congress.

 Speaker of the House of Representatives, and to the chairman of the appropriate Senate committee, the text of any international agreement proposing a modification in the terms of such debt no less than thirty days prior to its entry into force, together with a detailed explanation of the interest of the United States in such modification.
Approved July 8, 1974.
Public Law 93–334: To repeal section 274 of the Revised Statutes of the United States relating to the District of Columbia, requiring compulsory vaccination against smallpox for public school students. Public Law 334 88 Stat. 290 1974-07-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–334
An Act To repeal section 274 of the Revised Statutes of the United States relating to the District of Columbia, requiring compulsory vaccination against smallpox for public school students.

July 8, 1974

[H. R. 8747]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 274 of

D.C.

Smallpox vaccination requirement, repeal.

 the Revised Statutes of the United States relating to the District of Columbia (D.C. Code, sec. 31–1102) is hereby repealed.
Approved July 8, 1974.
Public Law 93–335: To amend Public Law 93–233 to extend for an additional twelve months (until July 1, 1975) the eligibility of supplemental security income recipients for food stamps. Public Law 335 88 Stat. 291 1974-07-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 291 Public Law 93–335
An Act To amend Public Law 93–233 to extend for an additional twelve months (until July 1, 1975) the eligibility of supplemental security income recipients for food stamps.

July 8, 1974

[H. R. 15124]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) section

SSI program beneficiaries.

Food stamp eligibility, extension.

7 USC 2012 note.

 8(a) (1) of Public Law 93–233 is amended by striking out “6-month period”, where it appears in the matter preceding the colon and in the new sentence added by such section, and inserting in lieu thereof in each instance “18-month period”. (b) Subsections (a) (2), (b) (1), (b) (2), (b) (3), and (e) of section 8 of such public law are each amended by striking out “6-month period” and inserting in lieu thereof “18-month period”.

7 USC 612c note, 1431 note; 42 USC 1382e note.

Effective date.

 (c) The amendments made by this section shall be effective as of July 1, 1974.
Sec. 2. (a) Section 212(a) (3) (B) (i) of Public Law 93–66 is

42 USC 1382 note.

 amended by striking out “and” after “June 1973,” and inserting in lieu thereof the following: “together with the bonus value of food stamps for January 1972, as defined in section 401(b) (3) of Public Law 92–603, if, for such month, such individual resides in a State

42 USC 1382e note.

 which provides State supplementary payments (I) of the type described in section 1616(a) of the Social Security Act, and (II) the

42 USC 1382e.

 level of which has been found by the Secretary pursuant to section 8 of Public Law 93–233 to have been specifically increased so as to

7 USC 2012 note.

 include the bonus value of food stamps, and”. (b) (1) The amendment made by subsection (a) shall take effect on January 1, 1974. (2) The Secretary of Health, Education, and Welfare is authorized

Effective date.

42 USC 1382 note.

 to prescribe regulations for the adjustment of an individual’s monthly supplemental security income payment in accordance with any increase

Payment adjustment.

 to which such individual may be entitled under the amendment made by subsection (a) of this section: Provided, That such adjustment in monthly payment, together with the remittance of any prior unpaid increments to which such individual may be entitled under such amendment, shall be made no later than the first day of the first month beginning more than sixty days after the date of the enactment of this Act.
Approved July 8, 1974.
Public Law 93–336: To amend sections 2733 and 2734 of title 10, United States Code, and section 715 of title 32, United States Code, to increase the maximum amount of a claim against the United States that may be paid administratively under those sections and to allow increased delegation of authority to settle and pay certain of those claims. Public Law 336 88 Stat. 291 1974-07-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–336
An Act To amend sections 2733 and 2734 of title 10, United States Code, and section 715 of title 32, United States Code, to increase the maximum amount of a claim against the United States that may be paid administratively under those sections and to allow increased delegation of authority to settle and pay certain of those claims.

July 8, 1974

[H. R. 9800]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 2733

Military claims.

Administrative settlement.

 of title 10, United States Code, is amended as follows: (1) Subsection (a) is amended by striking out “$15,000” and inserting “$25,000” in place of “$15,000”. (2) Subsection (d) is amended by striking out “$15,000” both places it appears and inserting “$25,000” in place thereof. 88 Stat. 292 (3) Subsection (g) is amended by striking out “$2,500” and inserting “$5,000” in place thereof.
Sec. 2. Section 2734 of title 10, United States Code, is amended by striking out “$15,000” wherever it appears and inserting “$25,000” in place thereof.
Sec. 3. Section 715 of title 32, United States Code, is amended as follows: (1) Subsection (a) is amended by striking out “$15,000” and inserting “$25,000” in place of “$15,000”. (2) Subsection (d) is amended by striking out “$15,000” both places it appears and inserting “$25,000” in place thereof. (3) Subsection (f) is amended by striking out “$2,500” and inserting “$5,000” in place thereof.
Approved July 8, 1974.
Public Law 93–337: To amend title 38, United States Code, to provide a ten-year delimiting period for the pursuit of educational programs by veterans, wives, and widows. Public Law 337 88 Stat. 292 1974-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–337
An Act To amend title 38, United States Code, to provide a ten-year delimiting period for the pursuit of educational programs by veterans, wives, and widows.

July 10, 1974

[S. 3705]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 1662

Veterans.

Educational programs, ten-year delimiting period.

 of title 38, United States Code, is amended— (1) by deleting “eight” in subsection (a) and inserting in lieu thereof “10”; (2) by deleting “8-year” in subsection (b) and inserting in lieu thereof “10-year”; (3) by deleting “8-year” and “eight-year” in subsection (c) and inserting in lieu thereof “10-year”, respectively; and (4) by adding at the end thereof the following new subsection: “(d) In the case of any veteran (1) who served on or after January

Prisoners of war.

 31, 1955, (2) who became eligible for educational assistance under the provisions of this chapter or chapter 36 of this title, and (3) who,

38 USC 1770.

 subsequent to his last discharge or release from active duty, was captured and held as a prisoner of war by a foreign government or power, there shall be excluded, in computing his 10-year period of eligibility for educational assistance, any period during which he was so detained and any period immediately following his release from such detention during which he was hospitalized at a military, civilian, or Veterans’ Administration medical facility.”.
Sec. 2. Section 1712 of title 38, United States Code, is amended—

Eligibility periods.

 (1) by deleting “eight” in subsection (b) and inserting in lieu thereof “10”; and (2) by deleting “eight” in subsection (f) and inserting in lieu thereof “10”.
Sec. 3. Section 604 (a) and (b) of Public Law 92–540 (82 Stat. 1333, October 24, 1972) is amended by deleting “eight” and inserting in lieu

86 Stat. 1099.

38 USC 1712 note.

 thereof “10”.
Approved July 10, 1974.
Public Law 93–338: Providing that funds apportioned for forest highways under section 202(a) title 23, United States Code, remain available until expended. Public Law 338 88 Stat. 293 1974-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 293 Public Law 93–338
An Act Providing that funds apportioned for forest highways under section 202(a) title 23, United States Code, remain available until expended.

July 10, 1974

[S. 3490]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Notwithstanding

Forest highways.

 the provisions of section 203, title 23, United States Code, sums authorized for fiscal year 1972 and apportioned to States for forest highways under section 202(a), title 23, United States Code, shall remain available until expended.
Approved July 10, 1974.
Public Law 93–339: To amend the Northwest Atlantic Fisheries Act of 1950 to permit United States participation in international enforcement of fish conservation in additional geographic areas, pursuant to the International Convention for the Northwest Atlantic Fisheries, 1949, and for other purposes. Public Law 339 88 Stat. 293 1974-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–339
An Act To amend the Northwest Atlantic Fisheries Act of 1950 to permit United States participation in international enforcement of fish conservation in additional geographic areas, pursuant to the International Convention for the Northwest Atlantic Fisheries, 1949, and for other purposes.

July 10, 1974

[H. R. 14291]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) section

Northwest Atlantic Fisheries Act of 1950, amendments.

 2 of the Northwest Atlantic Fisheries Act of 1950 (16 U.S.C. 981) is amended by striking out subsection (d) and redesignating subsections (e), (f), (g), (h), (i), and (j) as subsections (d), (e), (f), (g), (h), and (i), respectively. (b) The first sentence of section 4(a) of such Act (16 U.S.C. 983(a)) is amended by striking out “of the convention area” each place it appears and inserting in lieu thereof in each such place “under regulation by the Commission”. (c) Section 4(b) of such Act (16 U.S.C. 983(b)) is amended by striking out “may” and inserting “shall” in lieu thereof. (d) Section 7(d) of such Act (16 U.S.C. 986(d)) is amended by striking out “that portion of the convention area” and inserting in lieu thereof “any area inhabited by species of fish which are regulated by the Commission”. (e) Section 7(e) of such Act (16 U.S.C. 986(e)) is amended by striking out “any portion of the convention area except such portions” and inserting in lieu thereof “any area inhabited by species of fish which are regulated by the Commission except any such area”. (f) Section 9(c) of such Act (16 U.S.C. 988(c)) is amended by striking out “the convention area” and inserting in lieu thereof “any area inhabited by species of fish which are regulated by the Commission”. (g) Subsection (b) of section 4 of the Act of September 27, 1950 (64 Stat. 1068), is amended by adding the following sentence to the end thereof: “The Secretary of State shall submit an annual report to

Annual report to Congress.

 the Congress of the costs incurred in reimbursing travel and per diem expenses of members of the advisory committee pursuant to this subsection.”
Approved July 10, 1974.
Public Law 93–340: To amend title 5 of the United States Code (relating to Government organization and employees) to assist Federal employees in meeting their tax obligations under city ordinances. Public Law 340 88 Stat. 294 1974-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 294 Public Law 93–340
An Act To amend title 5 of the United States Code (relating to Government organization and employees) to assist Federal employees in meeting their tax obligations under city ordinances.

July 10, 1974

[H. R. 8660]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) subchapter

Federal employees.

Withholding certain city taxes.

 II of chapter 55 of title 5, United States Code, is amended by adding at the end thereof the following new section:
“§5520. Withholding of city income or employment taxes “(a) When a city ordinance— “(1) provides for the collection of a tax by imposing on employers generally the duty of withholding sums from the pay of employees and making returns of the sums to the city; and “(2) imposes the duty to withhold generally on the payment of compensation earned within the jurisdiction of the city in the case of employees whose regular place of employment is within such jurisdiction; the Secretary of the Treasury, under regulations prescribed by the President, shall enter into an agreement with the city within 120 days

Agreement with city.

 of a request for agreement by the proper city official. The agreement shall provide that the head of each agency of the United States shall comply with the requirements of the city ordinance in the case of employees of the agency who are subject to the tax and whose regular place of Federal employment is within the jurisdiction of the city with which the agreement is made. The agreement may not apply to pay for service as a member of the Armed Forces. The agreement may not permit withholding of a city tax from the pay of an employee who is not a resident of the State in which that city is located unless the employee consents to the withholding. “(b) This section does not give the consent of the United States to the application of an ordinance which imposes more burdensome requirements on the United States than on other employers or which subjects the United States or its employees to a penalty or, liability because of this section. An agency of the United States may not accept pay from a city for services performed in withholding city income or employment taxes from the pay of employees of the agency. “(c) For the purpose of this section— “(1) ‘city’ means a city which is duly incorporated under the

“City.”

 laws of a State and within the political boundaries of which 500 or more persons are regularly employed by all agencies of the Federal Government; and “(2) ‘agency’ means—

“Agency.”

 “(A) an Executive agency; “(B) the judicial branch; and “(C) the United States Postal Service.”
(b) The analysis of subchapter II of chapter 55 of title 5, United States Code, is amended by adding at the end thereof— “5520.
Sec. 2. Section 410(b) of title 39, United States Code, is amended by striking out the words “and section 5532 (dual pay)” and inserting in lieu thereof “section 5520 (withholding city income or employment

Supra.

5 USC 5532.

 taxes), and section 5532 (dual pay)”.
88 Stat. 295
Sec. 3. This section shall become effective on the date of enactment

Effective date.

5 USC 5520 note.

 of this Act. The provisions of the first section and section 2 of this Act shall become effective on the ninetieth day following the date of enactment.
Approved July 10, 1974.
Public Law 93–341: To establish in the State of Florida the Egmont Key National Wildlife Refuge. Public Law 341 88 Stat. 295 1974-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–341
An Act To establish in the State of Florida the Egmont Key National Wildlife Refuge.

July 10, 1974

[H. R. 8977]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary

Egmont Key National Wildlife Refuge, Fla.

Establishment.

16 USC 668dd note.

 of the Interior shall establish the Egmont Key National Wildlife Refuge (hereafter referred to in this Act as the “refuge”) as part of the national wildlife refuge system, which shall consist of that area of land and water described in section 2 of this Act.
Sec. 2. The Secretary of the Interior shall designate as the refuge,

Description.

 subject to existing valid rights, the land and water, being approximately two hundred and fifty acres, which are— (1) generally depicted on the map entitled “Egmont Key National Wildlife Refuge”, dated October 1973, and (2) located within sections 23, 24. 25, and 26 of township 33 south, range 15 east, Tallahassee meridian, but excluding (A) the land therein under the jurisdiction of the United States Coast Guard which lies at the north end of the island north of a line drawn east to west six hundred feet south of the geometric center of the light tower, and (B) the land therein conveyed by the United States to the county of Hillsborough, Florida, by deed dated March 8, 1928, by publication of a precise description of such land and water in the

Publication in Federal Register.

 Federal Register. The map referred to in the preceding sentence shall be on file and available for public inspection in the office of the Bureau of Sport Fisheries and Wildlife, Department of the Interior.
Sec. 3. The Secretary of the Interior shall administer the refuge

Administration.

 in accordance with the National Wildlife Refuge System Administration Act of 1966, as amended (80 Stat. 927; 16 U.S.C. 668dd–ee).
Approved July 10, 1974.
Public Law 93–342: To authorize appropriations for the saline water program for fiscal year 1975, and for other purposes. Public Law 342 88 Stat. 295 1974-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–342
An Act To authorize appropriations for the saline water program for fiscal year 1975, and for other purposes.

July 10, 1974

[H. R. 13221]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) there is

Saline water program, 1975.

Appropriation authorization.

42 USC 1959 note.

 authorized to be appropriated to carry out the provisions of the Saline Water Conversion Act of 1971 (85 Stat. 159) during fiscal year 1975, the sum of $13,910,000 to remain available until expended as follows: (1) Research expense, not more than $2,300,000; (2) Development expense, not more than $6,084,000; 88 Stat. 296 (3) Design, construction, acquisition, modification, operation, and maintenance of saline water conversion test beds and test facilities, not more than $2,626,000 ; (4) Design, construction, acquisition, modification, operation, and maintenance of saline water conversion modules, not more than $900,000; and (5) Administration and coordination, not more than $2,000,000. (b) Expenditures and obligations under paragraphs (1), (2), (3) ,

Limitations.

 and (4) of subsection (a) of this section may be increased by not more than 10 per centum and expenditures and obligations under paragraph (5) of subsection (a) of this section may be increased by not more than 2 per centum, if any such increase under any paragraph is accompanied by an equal decrease in expenditures and obligations under one or more of the other paragraphs.
Sec. 2. In addition to the sums authorized to be appropriated by

Additional sums.

 section 1 of this Act there are also authorized to be appropriated such additional sums or supplemental amounts as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law or other nondiscretionary costs.
Approved July 10, 1974.
Public Law 93–343: To authorize the Commissioner of Education to carry out a program to assist persons from disadvantaged backgrounds to undertake training for the legal profession. Public Law 343 88 Stat. 296 1974-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–343
An Act To authorize the Commissioner of Education to carry out a program to assist persons from disadvantaged backgrounds to undertake training for the legal profession.

July 10, 1974

[H. R. 15296]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That funds appropriated

Legal education fellowship program, authorization.

20 USC 1134n.

 for part D of title IX of the Higher Education Act of 1965 by the Department of Labor and Health, Education, and Welfare, and Related Agencies Appropriations Act for the fiscal year ending June 30, 1974 (Public Law 93–192), shall remain available for obligation

87 Stat. 746.

 through September 15, 1974, for the purpose of supporting a program to assist persons from disadvantaged backgrounds to prepare and be educated for the legal profession.
Sec. 2. In order to carry out the program authorized by this Act,

Grants to private nonprofit organizations.

 the Commissioner of Education is authorized to make grants to private nonprofit organizations representative of legal education and the legal profession for the purpose of (1) selecting and counseling such persons; (2) paying stipends to such persons and in such amounts as the Commissioner may determine to be appropriate; and (3) paying for any administrative expenses incurred in the carrying out of activities authorized by this Act.
Sec. 3. The activities authorized by this Act may be carried out without regard to the requirements and limitations set forth in sections 961, 962, and 963 of part D of title IX of the Higher Education Act of 1965.

20 USC 1134n, 11340, 1134p.
Approved July 10, 1974.
Public Law 93–344: To establish a new congressional budget process; to establish Committees on the Budget in each House; to establish a Congressional Budget Office; to establish a procedure providing congressional control over the impoundment of funds by the executive branch; and for other purposes. Public Law 344 88 Stat. 297 1974-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 297 Public Law 93–344
An Act To establish a new congressional budget process; to establish Committees on the Budget in each House; to establish a Congressional Budget Office; to establish a procedure providing congressional control over the impoundment of funds by the executive branch; and for other purposes.

July 12, 1974

[H. R. 7130]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Congressional Budget and Impoundment Control Act of 1974.

31 USC 1301 note.
short titles; table of contents
Section 1. (a) Short Titles.— This Act may be cited as the “Congressional Budget and Impoundment Control Act of 1974”. Titles I through IX may be cited as the “Congressional Budget Act of 1974”, and title X may be cited as the “Impoundment Control Act of 1974”. (b) Table of Contents.— Sec. 1. Sec. 2. Sec. 3. TITLE I— Sec. 101. Sec. 102. TITLE II— Sec. 201. Sec. 202. Sec. 203. TITLE III— Sec. 300. Sec. 301. Sec. 302. Sec. 303. Sec. 304. Sec. 305. Sec. 306. Sec. 307. Sec. 308. Sec. 309. Sec. 310. Sec. 311. TITLE IV— Sec. 401. Sec. 402. Sec. 403. Sec. 404. 88 Stat. 298 TITLE V— Sec. 501. Sec. 502. Sec. 503. Sec. 504. Sec. 505. Sec. 506. TITLE VI— Sec. 601. Sec. 602. Sec. 603. Sec. 604. Sec. 605. Sec. 606. Sec. 607. TITLE VII— Sec. 701. Sec. 702. Sec. 703. TITLE VIII— Sec. 801. Sec. 802. TITLE IX— Sec. 901. Sec. 902. Sec. 903. Sec. 904. Sec. 905. Sec. 906. TITLE X— Part A— Sec. 1001. Sec. 1002. Sec. 1003. Part B— Sec. 1011. Sec. 1012. Sec. 1013. Sec. 1014. Sec. 1015. Sec. 1016. Sec. 1017.
declaration of purposes
Sec. 2. The Congress declares that it is essential—

31 USC 1301.

 (1) to assure effective congressional control over the budgetary process; (2) to provide for the congressional determination each year of the appropriate level of Federal revenues and expenditures; (3) to provide a system of impoundment control; (4) to establish national budget priorities; and (5) to provide for the furnishing of information by the executive branch in a manner that will assist the Congress in discharging its duties.
88 Stat. 299
definitions
Sec. 3. (a) In General.— For purposes of this Act—

31 USC 1302.

 (1) The terms “budget outlays” and “outlays” mean, with respect to any fiscal year, expenditures and net lending of funds under budget authority during such year. (2) The term “budget authority” means authority provided by law to enter into obligations which will result in immediate or future outlays involving Government funds, except that such term does not include authority to insure or guarantee the repayment of indebtedness incurred by another person or government. (3) The term “tax expenditures” means those revenue losses attributable to provisions of the Federal tax laws which allow a special exclusion, exemption, or deduction from gross income or which provide a special credit, a preferential rate of tax, or a deferral of tax liability; and the term “tax expenditures budget” means an enumeration of such tax expenditures. (4) The term “concurrent resolution on the budget” means— (A) a concurrent resolution setting forth the congressional budget for the United States Government for a fiscal year as provided in section 301; (B) a concurrent resolution reaffirming or revising the congressional budget for the United States Government for a fiscal year as provided in section 310; and (C) any other concurrent resolution revising the congressional budget for the United States Government for a fiscal year as described in section 304. (5) The term “appropriation Act” means an Act referred to in section 105 of title 1, United States Code.

Post, p. 322.

 (b) Joint Committee on Atomic Energy.— For purposes of titles II, III, and IV of this Act, the Members of the House of Representatives who are members of the Joint Committee on Atomic Energy shall be treated as a standing committee of the House, and the Members of the Senate who are members of the Joint Committee shall be treated as a standing committee of the Senate.
<num value="I">TITLE I—</num> <heading class="inline">ESTABLISHMENT OF HOUSE AND SENATE BUDGET COMMITTEES</heading> <sidenote><p class="firstIndent1 fontsize8">Congressional Budget Act of 1974.</p></sidenote> <section> <heading class="smallCaps centered">budget committee of the house of representatives</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Clause 1 of Rule X of the Rules of the House of Representatives is amended by redesignating paragraphs (e) through (u) as paragraphs (f) through (v) , respectively, and by inserting after paragraph (d) the following new paragraph: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <chapeau class="inline">Committee on the Budget, to consist of twenty-three Members <sidenote><p class="firstIndent1 fontsize8">Membership.</p></sidenote> as follows:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">five Members who are members of the Committee on Appropriations;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">five Members who are members of the Committee on Ways and Means;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">eleven Members who are members of other standing committees;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">one Member from the leadership of the majority party; and</content> </paragraph> <page identifier="/us/stat/88/300">88 <inline class="smallCaps">Stat</inline>. 300</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">one Member from the leadership of the minority party.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <continuation class="inline">No Member shall serve as a member of the Committee on the Budget<sidenote><p class="firstIndent1 fontsize8">Term.</p></sidenote> during more than two Congresses in any period of five successive Congresses beginning after 1974 (disregarding for this purpose any service performed as a member of such committee for less than a full session in any Congress). All selections of Members to serve on the<sidenote><p class="firstIndent1 fontsize8">Seniority rule exception.</p></sidenote> committee shall be made without regard to seniority.”</continuation> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Rule X of the Rules of the House of Representatives is amended by adding at the end thereof the following new clause: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">“6. </num> <content class="inline">For carrying out the purposes set forth in clause 5 of Rule XI ,<sidenote><p class="firstIndent1 fontsize8">Committee sessions.</p></sidenote> the Committee on the Budget or any subcommittee thereof is authorized to sit and act at such times and places within the United States, whether the House is in session, has recessed, or has adjourned, to hold such hearings, to require the attendance of such witnesses and the production of such books or papers or documents or vouchers by subpena or otherwise, and to take such testimony and records, as it deems necessary. Subpenas may be issued over the signature of the chairman of<sidenote><p class="firstIndent1 fontsize8">Subpenas.</p></sidenote> the committee or of any member of the committee designated by him; and may be served by any person designated by such chairman or member. The chairman of the committee, or any member thereof, may administer oaths to witnesses.”</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Rule XI of the Rules of the House of Representatives is amended by redesignating clauses 5 through 33 as clauses 6 through 34, respectively, and by inserting after clause 4 the following new clause: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“5. </num> <content class="inline">Committee on the Budget</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <content class="inline">All concurrent resolutions on the budget (as defined in section 3(a)(4) of the Congressional Budget Act of 1974) and other matters required to be referred to the committee under titles III and IV of that Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">The committee shall have the duty—<sidenote><p class="firstIndent1 fontsize8">Duties.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">to report the matters required to be reported by it under titles III and IV of the Congressional Budget Act of 1974;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">to make continuing studies of the effect on budget outlays of relevant existing and proposed legislation and to report the results of such studies to the House on a recurring basis;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">to request and evaluate continuing studies of tax expenditures, to devise methods of coordinating tax expenditures, policies, and programs with direct budget outlays, and to report the results of such studies to the House on a recurring basis; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">to review, on a continuing basis, the conduct by the Congressional Budget Office of its functions and duties.”</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">budget committee of the senate</heading> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Paragraph 1 of rule XXV of the Standing Rules of the Senate is amended by adding at the end thereof the following new subparagraph: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="r">“(r) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Committee on the Budget, to which committee shall be referred all concurrent resolutions on the budget (as defined in section 3(a) (4) of the Congressional Budget Act of 1974) and all other matters required to be referred to that committee under titles III and IV of that Act, and messages, petitions, memorials, and other matters relating thereto.</content> </paragraph> <page identifier="/us/stat/88/301">88 <inline class="smallCaps">Stat</inline>. 301</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">Such committee shall have the duty—<sidenote><p class="firstIndent1 fontsize8">Duties.</p></sidenote></chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">to report the matters required to be reported by it under titles III and IV of the Congessional Budget Act of 1974;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">to make continuing studies of the effect on budget outlays of relevant existing and proposed legislation and to report the results of such studies to the Senate on a recurring basis;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">to request and evaluate continuing studies of tax expenditures, to devise methods of coordinating tax expenditures, policies, and programs with direct budget outlays, and to report the results of such studies to the Senate on a recurring basis; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content class="inline">to review, on a continuing basis, the conduct by the Congressional Budget Office of its functions and duties.”</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The table contained in paragraph 2 of rule XXV of the Standing Rules of the Senate is amended by inserting after— <quotedContent> <toc> <referenceItem><designator>“Banking, Housing and Urban Affairs: </designator><label>15”</label> </referenceItem> </toc> </quotedContent> <p class="inline">the following:</p> <quotedContent> <toc> <referenceItem><designator>“Budget </designator><label>15”.</label></referenceItem> </toc> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Paragraph 6 of rule XXV of the Standing Rules of the Senate is amended by adding at the end thereof the following new subparagraph: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="h">“(h) </num> <content class="inline">For purposes of the first sentence of subparagraph (a), membership on the Committee on the Budget shall not be taken into account until that date occurring during the first session of the Ninety-fifth Congress, upon which the appointment of the majority and minority party members of the standing committees of the Senate is initially completed.”</content> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <chapeau class="inline">Each meeting of the Committee on the Budget of the Senate, <sidenote><p class="firstIndent1 fontsize8">Open and closed meetings.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s190a–3">2 USC 190a–3</ref>.</p></sidenote> or any subcommittee thereof, including meetings to conduct hearings, shall be open to the public, except that a portion or portions of any such meeting may be closed to the public if the committee or subcommittee, as the case may be, determines by record vote of a majority of the members of the committee or subcommittee present that the matters to be discussed or the testimony to be taken at such portion or portions—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">will disclose matters necessary to be kept secret in the interests of national defense or the confidential conduct of the foreign relations of the United States;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">will relate solely to matters of committee staff personnel or internal staff management or procedure;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">will tend to charge an individual with crime or misconduct, to disgrace or injure the professional standing of an individual, or otherwise to expose an individual to public contempt or obloquy, or will represent a clearly unwarranted invasion of the privacy of an individual;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">will disclose the identity of any informer or law enforcement agent or will disclose any information relating to the investigation or prosecution of a criminal offense that is required to be kept secret in the interests of effective law enforcement; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <chapeau class="inline">will disclose information relating to the trade secrets or financial or commercial information pertaining specifically to a given person if—</chapeau> <page identifier="/us/stat/88/302">88 <inline class="smallCaps">Stat</inline>. 302</page> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">an Act of Congress requires the information to be kept confidential by Government officers and employees; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">the information has been obtained by the Government on a confidential basis, other than through an application by such person for a specific Government financial or other benefit, and is required to be kept secret in order to prevent undue injury to the competitive position of such person.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">Paragraph 7(b) of rule XXV of the Standing Rules of the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s190a–1">2 USC 190a–1 note</ref>.</p></sidenote> Senate and section 133A (b) of the Legislative Reorganization Act of 1946 shall not apply to the Committee on the Budget of the Senate.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s190a–1">2 USC 190a–1</ref>.</p></sidenote></content> </subsection> </section> </section> <num value="II">TITLE II—</num> <heading class="inline">CONGRESSIONAL BUDGET OFFICE</heading> <section> <heading class="smallCaps centered">establishment of office</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s601">2 USC 601</ref>.</p></sidenote></heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">There is established an office of the Congress to be known as the Congressional Budget Office (hereinafter in this title referred to as the "Office"). The Office shall be headed by a Director; and there shall be a Deputy Director who shall perform such duties as may be assigned to him by the Director and, during the absence or incapacity of the Director or during a vacancy in that office, shall act as Director.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Director shall be appointed by the Speaker of the<sidenote><p class="firstIndent1 fontsize8">Appointment.</p></sidenote> House of Representatives and the President pro tempore of the Senate after considering recommendations received from the Committees on the Budget of the House and the Senate, without regard to political affiliation and solely on the basis of his fitness to perform his duties. The Deputy Director shall be appointed by the Director.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The term of office of the Director first appointed shall<sidenote><p class="firstIndent1 fontsize8">Term.</p></sidenote> expire at noon on January 3, 1979, and the terms of office of Directors subsequently appointed shall expire at noon on January 3 of each fourth year thereafter. Any individual appointed as Director to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of that term. An individual serving as Director at the expiration of a term may continue to serve until his successor is appointed. Any Deputy Director shall serve until the expiration of the term of office of the Director who appointed him (and until his successor is appointed), unless sooner removed by the Director.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">The Director may be removed by either House by<sidenote><p class="firstIndent1 fontsize8">Removal.</p></sidenote> resolution.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">The Director shall receive compensation at a per annum<sidenote><p class="firstIndent1 fontsize8">Compensation.</p></sidenote> gross rate equal to the rate of basic pay, as in effect from time to time, for level III of the Executive Schedule in section 5314 of title 5, United States Code. The Deputy Director shall receive compensation at a per annum gross rate equal to the rate of basic pay, as so in effect, for level IV of the Executive Schedule in section 5315 of such title.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Personnel</inline>.—</heading> <content class="inline">The Director shall appoint and fix the compensation <sidenote><p class="firstIndent1 fontsize8">Appointment and compensation.</p></sidenote> of such personnel as may be necessary to carry out the duties and functions of the Office. All personnel of the Office shall be appointed without regard to political affiliation and solely on the basis of their fitness to perform their duties. The Director may prescribe the duties and responsibilities of the personnel of the Office, and delegate to them authority to perform any of the duties, powers, and functions imposed<page identifier="/us/stat/88/303">88 <inline class="smallCaps">Stat</inline>. 303</page> on the Office or on the Director. For purposes of pay (other than pay of the Director and Deputy Director) and employment benefits, rights, and privileges, all personnel of the Office shall be treated as if they were employees of the House of Representatives.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Experts and Consultants</inline>.—</heading> <content class="inline">In carrying out the duties and functions of the Office, the Director may procure the temporary (not to exceed one year) or intermittent services of experts or consultants or organizations thereof by contract as independent contractors, or, in the case of individual experts or consultants, by employment at rates of pay not in excess of the daily equivalent of the highest rate of basic pay payable under the General Schedule of section 5332 of title 5, United States Code. <sidenote><p class="firstIndent1 fontsize8">5 USC 5332 note.</p><p class="firstIndent1 fontsize8">Data, availability.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Relationship to Executive Branch</inline>.—</heading> <content class="inline">The Director is authorized to secure information, data, estimates, and statistics directly from the various departments, agencies, and establishments of the executive branch of Government and the regulatory agencies and commissions of the Government. All such departments, agencies, establishments, and regulatory agencies and commissions shall furnish the Director any available material which he determines to be necessary in the performance of his duties and functions (other than material the disclosure of which would be a violation of law). The Director is also authorized, upon agreement with the head of any such department, agency, establishment, or regulatory agency or commission, to utilize its services, facilities, and personnel with or without reimbursement; and the head of each such department, agency, establishment, or regulatory agency or commission is authorized to provide the Office such services, facilities, and personnel.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Relationship to Other Agencies of Congress</inline>.—</heading> <content class="inline">In carrying out the duties and functions of the Office, and for the purpose of coordinating the operations of the Office with those of other congressional agencies with a view to utilizing most effectively the information, services, and capabilities of all such agencies in carrying out the various responsibilities assigned to each, the Director is authorized to obtain information, data, estimates, and statistics developed by the General Accounting Office, the Library of Congress, and the Office of <sidenote><p class="firstIndent1 fontsize8">GAO, Library of Congress, Office of Technology Assessment, use of facilities.</p></sidenote> Technology Assessment, and (upon agreement with them) to utilize their services, facilities, and personnel with or without reimbursement. The Comptroller General, the Librarian of Congress, and the Technology Assessment Board are authorized to provide the Office with the information, data, estimates, and statistics, and the services, facilities, and personnel, referred to in the preceding sentence.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <heading class="inline"><inline class="smallCaps">Appropriations</inline>.—</heading> <content class="inline">There are authorized to be appropriated to the Office for each fiscal year such sums as may be necessary to enable it to carry out its duties and functions. Until sums are first appropriated pursuant to the preceding sentence, but for a period not exceeding 12 months following the effective date of this subsection, the expenses of the Office shall be paid from the contingent fund of the Senate, in accordance with the paragraph relating to the contingent fund of the Senate under the heading “UNDER LEGISLATIVE” in the Act of October 1, 1888 (28 Stat. 546; 2 U.S.C. 68), and upon vouchers approved by the Director.</content> </subsection> </section> </section> <page identifier="/us/stat/88/304">88 <inline class="smallCaps">Stat</inline>. 304</page> <section> <heading class="smallCaps centered">duties and functions</heading> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Assistance to Budget Committees</inline>.—</heading> <content class="inline">It shall be the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s602">2 USC 602</ref>.</p></sidenote> duty and function of the Office to provide to the Committees on the Budget of both Houses information which will assist such committees in the discharge of all matters within their jurisdictions, including (1) information with respect to the budget, appropriation bills, and other bills authorizing or providing budget authority or tax expenditures, (2) information with respect to revenues, receipts, estimated future revenues and receipts, and changing revenue conditions, and (3) such related information as such Committees may request.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Assistance to Committees on Appropriations, Ways and Means, and Finance</inline>.—</heading> <content class="inline">At the request of the Committee on Appropriations of either House, the Committee on Ways and Means of the House of Representatives, or the Committee on Finance of the Senate, the Office shall provide to such Committee any information which will assist it in the discharge of matters within its jurisdiction, including information described in clauses (1) and (2) of subsection (a) and such related information as the Committee may request.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Assistance to Other Committees and Members</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">At the request of any other committee of the House of Representatives or the Senate or any joint committee of the Congress, the Office shall provide to such committee or joint committee any information compiled in carrying out clauses (1) and (2) of subsection (a), and, to the extent practicable, such additional information related to the foregoing as may be requested.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">At the request of any Member of the House or Senate, the Office shall provide to such Member any information compiled in carrying out clauses (1) and (2) of subsection (a), and, to the extent available, such additional information related to the foregoing as may be requested.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Assignment of Office Personnel to Committees and Joint Committees</inline>.—</heading> <content class="inline">At the request of the Committee on the Budget of either House, personnel of the Office shall be assigned, on a temporary basis, to assist such committee. At the request of any other committee of either House or any joint committee of the Congress, personnel of the Office may be assigned, on a temporary basis, to assist such committee or joint committee with respect to matters directly related to the applicable provisions of subsection (b) or (c).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Transfer of Functions of Joint Committee on Reduction of Federal Expenditures</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The duties, functions, and personnel of the Joint Committee on Reduction of Federal Expenditures are transferred to the Office, and the Joint Committee is abolished.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 601 of the Revenue Act of 1941 (55 Stat. 726) is<sidenote><p class="firstIndent1 fontsize8">Repeal.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s571">31 USC 571</ref>.</p></sidenote> repealed.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <heading class="inline"><inline class="smallCaps">Reports to Budget Committees</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">On or before April 1 of each year, the Director shall submit to the Committees on the Budget of the House of Representatives and the Senate a report, for the fiscal year commencing on October 1 of that year, with respect to fiscal policy, including (A) alternative levels of total revenues, total new budget authority, and total outlays (including related surpluses and deficits), and (B) the levels of tax expenditures under existing law, taking into account projected economic factors and any changes in such levels based on proposals in the budget submitted by the President for such fiscal year. Such report shall also include a discussion of national budget priorities, including alternative ways of allocating<page identifier="/us/stat/88/305">88 <inline class="smallCaps">Stat</inline>. 305</page> budget authority and budget outlays for such fiscal year among major programs or functional categories, taking into account how such alternative allocations will meet major national needs and affect balanced growth and development of the United States.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Director shall from time to time submit to the Committees <sidenote><p class="firstIndent1 fontsize8">Reports, submittal to Budget Committees.</p></sidenote> on the Budget of the House of Representatives and the Senate such further reports (including reports revising the report required by paragraph (1)) as may be necessary or appropriate to provide such Committees with information, data, and analyses for the performance of their duties and functions.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">(g) </num> <heading class="inline"><inline class="smallCaps">Use of Computers and Other Techniques</inline>.—</heading> <content class="inline">The Director may equip the Office with up-to-date computer capability (upon approval of the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate), obtain the services of experts and consultants in computer <sidenote><p class="firstIndent1 fontsize8">Experts and consultants.</p></sidenote> technology, and develop techniques for the evaluation of budgetary requirements.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">public access to budget data</heading> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Right To Copy</inline>.—</heading> <content class="inline">Except as provided in subsections <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s603">2 USC 603</ref>.</p></sidenote> (c) and (d), the Director shall make all information, data, estimates, and statistics obtained under sections 201(d) and 201(e) available for public copying during normal business hours, subject to reasonable rules and regulations, and shall to the extent practicable, a t the request of any person, furnish a copy of any such information, data, estimates, or statistics upon payment by such person of the cost of making and furnishing such copy.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Index</inline>.—</heading> <content class="inline">The Director shall develop and maintain filing, coding, and indexing systems that identify the information, data, estimates, and statistics to which subsection (a) applies and shall make such systems available for public use during normal business hours.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Exceptions</inline>.—</heading> <chapeau class="inline">Subsection (a) shall not apply to information, data, estimates, and statistics—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">which are specifically exempted from disclosure by law; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">which the Director determines will disclose—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">matters necessary to be kept secret in the interests of national defense or the confidential conduct of the foreign relations of the United States;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">information relating to trade secrets or financial or commercial information pertaining specifically to a given person if the information has been obtained by the Government on a confidential basis, other than through an application by such person for a specific financial or other benefit, and is required to be kept secret in order to prevent undue injury to the competitive position of such person; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">personnel or medical data or similar data the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;</content> </subparagraph> </paragraph> <continuation class="inline">unless the portions containing such matters, information, or data have been excised.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Information Obtained for Committees and Members</inline>.—</heading> <content class="inline">Subsection (a) shall apply to any information, data, estimates, and statistics obtained at the request of any committee, joint committee, or Member unless such committee, joint committee, or Member has instructed the Director not to make such information, data, estimates, or statistics available for public copying.</content> </subsection> </section> </section> 88 Stat. 306 <num value="III">TITLE III—</num> <heading class="inline">CONGRESSIONAL BUDGET PROCESS</heading> <section> <heading class="smallCaps centered">timetable</heading> <section class="firstIndent1 fontsize10"> <num value="300"><inline class="smallCaps">Sec</inline>. 300. </num> <content>The timetable with respect to the congressional budget<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1321">31 USC 1321</ref>.</p></sidenote> process for any fiscal year is as follows: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header"> <th style="text-align:center; vertical-align:bottom; font-size:8pt">On or before :</th> <th style="text-align:center; vertical-align:bottom; font-size:8pt">Action to be completed :</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">November 10</td> <td style="text-align:left; vertical-align:top">President submits current services budget. </td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">15th day after Congress meets</td> <td style="text-align:left; vertical-align:top">President submits his budget.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">March 15</td> <td style="text-align:left; vertical-align:top">Committees and joint committees submit reports to Budget Committees.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">April 1</td> <td style="text-align:left; vertical-align:top">Congressional Budget Office submits report to Budget Committees.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">April 15</td> <td style="text-align:left; vertical-align:top">Budget Committees report first concurrent resolution on the budget to their Houses.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">May 15</td> <td style="text-align:left; vertical-align:top">Committees report bills and resolutions authorizing new budget authority.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">May 15</td> <td style="text-align:left; vertical-align:top">Congress completes action on first concurrent resolution on the budget.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">7th day after Labor Day</td> <td style="text-align:left; vertical-align:top">Congress completes action on bills and resolutions providing new budget authority and new spending authority.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">September 15</td> <td style="text-align:left; vertical-align:top">Congress completes action on second required concurrent resolution on the budget.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">September 25</td> <td style="text-align:left; vertical-align:top">Congress completes action on reconciliation bill or resolution, or both, implementing second required concurrent resolution.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">October 1</td> <td style="text-align:left; vertical-align:top">Fiscal year begins.</td> </tr> </tbody> </table> </content> </section> </section> <section> <heading class="smallCaps centered">adoption of first concurrent resolution</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Action To Be Completed by May 15</inline>.—</heading> <chapeau class="inline">On or before<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1322">31 USC 1322</ref>.</p></sidenote> May 15 of each year, the Congress shall complete action on the first concurrent resolution on the budget for the fiscal year beginning on October 1 of such year. The concurrent resolution shall set forth—<sidenote><p class="firstIndent1 fontsize8">Contents.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the appropriate level of total budget outlays and of total new budget authority;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">an estimate of budget outlays and an appropriate level of new budget authority for each major functional category, for contingencies, and for undistributed intragovernmental transactions, based on allocations of the appropriate level of total budget outlays and of total new budget authority;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the amount, if any, of the surplus or the deficit in the budget which is appropriate in light of economic conditions and all other relevant factors;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the recommended level of Federal revenues and the amount, if any, by which the aggregate level of Federal revenues should be increased or decreased by bills and resolutions to be reported by the appropriate committees;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">the appropriate level of the public debt, and the amount, if any, by which the statutory limit on the public debt should be increased or decreased by bills and resolutions to be reported by the appropriate committees; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">such other matters relating to the budget as may be appropriate to carry out the purposes of this Act.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Additional Matters in Concurrent Resolution</inline>.—</heading> <chapeau class="inline">The first concurrent resolution on the budget may also require—</chapeau> <page identifier="/us/stat/88/307">88 <inline class="smallCaps">Stat</inline>. 307</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">a procedure under which all or certain bills and resolutions providing new budget authority or providing new spending authority described in section 401(c) (2) (C) for such fiscal year shall not be enrolled until the concurrent resolution required to be reported under section 310(a) has been agreed to, and, if a reconciliation bill or reconciliation resolution, or both, are required to be reported under section 310(c), until Congress has completed action on that bill or resolution, or both; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">any other procedure which is considered appropriate to carry out the purposes of this Act.</content> </paragraph> <continuation class="inline">Not later than the close of the Ninety-fifth Congress, the Committee <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> on the Budget of each House shall report to its House on the implementation of procedures described in this subsection.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Views and Estimates of Other Committees</inline>.—</heading> <chapeau class="inline">On or before <sidenote><p class="firstIndent1 fontsize8">Submittal to congressional committees.</p></sidenote> March 15 of each year, each standing committee of the House of Representatives shall submit to the Committee on the Budget of the House, each standing committee of the Senate shall submit to the Committee on the Budget of the Senate, and the Joint Economic Committee and Joint Committee on Internal Revenue Taxation shall submit to the Committees on the Budget of both Houses—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">its views and estimates with respect to all matters set forth in subsection (a) which relate to matters within the respective jurisdiction or functions of such committee or joint committee; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">except in the case of such joint committees, the estimate of the total amounts of new budget authority, and budget outlays resulting therefrom, to be provided or authorized in all bills and resolutions within the jurisdiction of such committee which such committee intends to be effective during the fiscal year beginning on October 1 of such year.</content> </paragraph> <continuation class="inline">The Joint Economic Committee shall also submit to the Committees on the Budget of both Houses, its recommendations as to the fiscal policy appropriate to the goals of the Employment Act of 1946. Any <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1021">15 USC 1021 note</ref>.</p></sidenote> other committee of the House or Senate may submit to the Committee on the Budget of its House, and any other joint committee of the Congress may submit to the Committees on the Budget of both Houses, its views and estimates with respect to all matters set forth in subsection (a) which relate to matters within its jurisdiction or functions.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Hearings and Report</inline>.—</heading> <chapeau class="inline">In developing the first concurrent resolution <sidenote><p class="firstIndent1 fontsize8">Concurrent resolution, development.</p></sidenote> on the budget referred to in subsection (a) for each fiscal year, the Committee on the Budget of each House shall hold hearings and shall receive testimony from Members of Congress and such appropriate representatives of Federal departments and agencies, the general public, and national organizations as the committee deems desirable. On or before April 15 of each year, the Committee on the <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> Budget of each House shall report to its House the first concurrent resolution on the budget referred to in subsection (a) for the fiscal year beginning on October 1 of such year. The report accompanying such concurrent resolution shall include, but not be limited to—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">a comparison of revenues estimated by the committee with those estimated in the budget submitted by the President;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">a comparison of the appropriate levels of total budget outlays and total new budget authority, as set forth in such concurrent resolution, with total budget outlays estimated and total new budget authority requested in the budget submitted by the President;</content> </paragraph> <page identifier="/us/stat/88/308">88 <inline class="smallCaps">Stat</inline>. 308</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">with respect to each major functional category, an estimate of budget outlays and an appropriate level of new budget authority for all proposed programs and for all existing programs (including renewals thereof), with the estimate and level for existing programs being divided between permanent authority and funds provided in appropriation Acts, and each such division being subdivided between controllable amounts and all other amounts;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">an allocation of the level of Federal revenues recommended in the concurrent resolution among the major sources of such revenues;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">the economic assumptions and objectives which underlie each of the matters set forth in such concurrent resolution and alternative economic assumptions and objectives which the committee considered;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">projections, not limited to the following, for the period of five fiscal years beginning with such fiscal year of the estimated levels of total budget outlays, total new budget outlays, total new budget authority, the estimated revenues to be received, and the estimated surplus or deficit, if any, for each fiscal year in such period, and the estimated levels of tax expenditures (the tax expenditures budget) by major functional categories;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">a statement of any significant changes in the proposed levels of Federal assistance to State and local governments; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content class="inline">information, data, and comparisons indicating the manner in which, and the basis on which, the committee determined each of the matters set forth in the concurrent resolution, and the relationship of such matters to other budget categories.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">matters to be included in joint statement of managers; reports by committees</heading> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Allocation of Totals</inline>.—</heading> <content class="inline">The joint explanatory statement <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1323">31 USC 1323</ref>.</p></sidenote> accompanying a conference report on a concurrent resolution on the budget shall include an estimated allocation, based upon such concurrent resolution as recommended in such conference report, of the appropriate levels of total budget outlays and total new budget authority among each committee of the House of Representatives and the Senate which has jurisdiction over bills and resolutions providing such new budget authority.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Reports by Committees</inline>.—</heading> <chapeau class="inline">As soon as practicable after a concurrent <sidenote><p class="firstIndent1 fontsize8">Subdivisions.</p></sidenote> resolution on the budget is agreed to—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the Committee on Appropriations of each House shall, after consulting with the Committee on Appropriations of the other House, (A) subdivide among its subcommittees the allocation of budget outlays and new budget authority allocated to it in the joint explanatory statement accompanying the conference report on such concurrent resolution, and (B) further subdivide the amount with respect to each such subcommittee between controllable amounts and all other amounts; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">every other committee of the House and Senate to which an allocation was made in such joint explanatory statement shall, after consulting with the committee or committees of the other House to which all or part of its allocation was made, (A) subdivide such allocation among its subcommittees or among programs over which it has jurisdiction, and (B) further subdivide the amount with respect to each subcommittee or program between controllable amounts and all other amounts.</content> </paragraph> <page identifier="/us/stat/88/309">88 <inline class="smallCaps">Stat</inline>. 309</page> <continuation class="inline">Each such committee shall promptly report to its House the subdivisions <sidenote><p class="firstIndent1 fontsize8">Congressional committees’ report of subdivisions.</p></sidenote> made by it pursuant to this subsection.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Subsequent Concurrent Resolutions</inline>.—</heading> <content class="inline">In the case of a concurrent resolution on the budget referred to in section 304 or 310, the allocation under subsection (a) and the subdivisions under subsection (b) shall be required only to the extent necessary to take into account revisions made in the most recently agreed to concurrent resolution on the budget.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">first concurrent resolution on the budget must be adopted before legislation providing new budget authority, new spending authority, or changes in revenues or public debt limit is considered</heading> <section class="firstIndent1 fontsize10"> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau class="inline">It shall not be in order in either the House of Representatives or the Senate to consider any bill or resolution (or amendment thereto) which provides—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">new budget authority for a fiscal year;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">an increase or decrease in revenues to become effective during a fiscal year;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">an increase or decrease in the public debt limit to become effective during a fiscal year; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">new spending authority described in section 401(c) (2) (C) to become effective during a fiscal year;</content> </paragraph> <continuation class="inline">until the first concurrent resolution on the budget for such year has been agreed to pursuant to section 301.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Exceptions</inline>.—</heading> <chapeau class="inline">Subsection (a) does not apply to any bill or resolution—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">providing new budget authority which first becomes available in a fiscal year following the fiscal year to which the concurrent resolution applies; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">increasing or decreasing revenues which first become effective in a fiscal year following the fiscal year to which the concurrent resolution applies.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Waiver in the Senate</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The committee of the Senate which reports any bill or resolution to which subsection (a) applies may at or after the time it reports such bill or resolution, report a resolution to the Senate (A) providing for the waiver of subsection (a) with respect to such bill or resolution, and (B) stating the reasons why the waiver is necessary. The resolution shall then be referred to the <sidenote><p class="firstIndent1 fontsize8">Resolution referral.</p></sidenote> Committee on the Budget of the Senate. That committee shall report the resolution to the Senate within 10 days after the resolution <sidenote><p class="firstIndent1 fontsize8">Report to Senate.</p></sidenote> is referred to it (not counting any day on which the Senate is not in session) beginning with the day following the day on which it is so referred, accompanied by that committee’s recommendations and reasons for such recommendations with respect to the resolution. If the committee does not report the resolution within such 10-day period, it shall automatically be discharged from further consideration of the resolution and the resolution shall be placed on the calendar.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">During the consideration of any such resolution, debate <sidenote><p class="firstIndent1 fontsize8">Debate, time limitation.</p></sidenote> shall be limited to one hour, to be equally divided between, and controlled by, the majority leader and minority leader or their designees, and the time on any debatable motion or appeal shall be limited to twenty minutes, to be equally divided between, and controlled by, the mover and the manager of the resolution. In the event the manager of the resolution is in favor of any such motion<page identifier="/us/stat/88/310">88 <inline class="smallCaps">Stat</inline>. 310</page> or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from the time under their control on the passage of such resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. No amendment to the resolution is in order.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">If, after the Committee on the Budget has reported (or been discharged from further consideration of) the resolution, the Senate agrees to the resolution, then subsection (a) of this section shall not apply with respect to the bill or resolution to which the resolution so agreed to applies.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">permissible revisions of concurrent resolutions of the budget</heading> <section class="firstIndent1 fontsize10"> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num> <content class="inline">At any time after the first concurrent resolution on the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1325">31 USC 1325</ref>.</p></sidenote> budget for a fiscal year has been agreed to pursuant to section 301, and before the end of such fiscal year, the two Houses may adopt a concurrent resolution on the budget which revises the concurrent resolution on the budget for such fiscal year most recently agreed to.</content> </section> </section> <section> <heading class="smallCaps centered">provisions relating to the consideration of concurrent resolutions on the budget</heading> <section class="firstIndent1 fontsize10"> <num value="305"><inline class="smallCaps">Sec</inline>. 305. </num> <subsection class="inline"> <num value="a">(a)</num> <heading class="inline"><inline class="smallCaps">Procedure in House of Representatives After Report of Committee; Debate</inline>.—</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1326">31 USC 1326</ref>.</p></sidenote> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">When the Committee on the Budget of the House has reported any concurrent resolution on the budget, it is in order at any time after the tenth day (excluding Saturdays, Sundays, and legal holidays) following the day on which the report upon such resolution has been available to Members of the House (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the concurrent resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">General debate on any concurrent resolution on the budget<sidenote><p class="firstIndent1 fontsize8">Debate, time limitation.</p></sidenote> in the House of Representatives shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority parties. A motion further to limit debate is not debatable. A motion to recommit the concurrent resolution is not in order, and it is not in order to move to reconsider the vote by which the concurrent resolution is agreed to or disagreed to.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Consideration of any concurrent resolution on the budget by the House of Representatives shall be in the Committee of the Whole, and the resolution shall be read for amendment under the five-minute rule in accordance with the applicable provisions of rule XXIII of the Rules of the House of Representatives. After the Committee rises and reports the resolution back to the House, the previous question shall be considered as ordered on the resolution and any amendments thereto to final passage without intervening motion; except that it shall be in order at any time prior to final passage (notwithstanding any other rule or provision of law) to adopt an amendment (or a series of amendments) changing any figure or figures in the resolution as so reported to the extent necessary to achieve mathematical consistency.</content> </paragraph> <page identifier="/us/stat/88/311">88 <inline class="smallCaps">Stat</inline>. 311</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Debate in the House of Representatives on the conference <sidenote><p class="firstIndent1 fontsize8">Debate, time limitation.</p></sidenote> report on any concurrent resolution on the budget shall be limited to not more than 5 hours, which shall be divided equally between the majority and minority parties. A motion further to limit debate is not debatable. A motion to recommit the conference report is not in order, and it is not in order to move to reconsider the vote by which the conference report is agreed to or disagreed to.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">Motions to postpone, made with respect to the consideration of any concurrent resolution on the budget, and motions to proceed to the consideration of other business, shall be decided without debate.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">Appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any concurrent resolution on the budget shall be decided without debate.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Procedure in Senate After Report of Committee; Debate; Amendments</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Debate in the Senate on any concurrent resolution on the <sidenote><p class="firstIndent1 fontsize8">Debate, time limitation.</p></sidenote> budget, and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 50 hours, except that, with respect to the second required concurrent resolution referred to in section 310(a), all such debate shall be limited to not more than 15 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Debate in the Senate on any amendment to a concurrent resolution on the budget shall be limited to 2 hours, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution, and debate on any amendment to an amendment, debatable motion, or appeal shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution, except that in the event the manager of the concurrent resolution is in favor of any such amendment, motion, or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. No amendment that is not germane to the provisions of such concurrent resolution shall be received. Such leaders, or either of them, may, from the time under their control on the passage of the concurrent resolution, allot additional time to any Senator during the consideration of any amendment, debatable motion, or appeal.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">A motion to further limit debate is not debatable. A motion to recommit (except a motion to recommit with instructions to report back within a specified number of days, not to exceed 3, not counting any day on which the Senate is not in session) is not in order. Debate on any such motion to recommit shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Notwithstanding any other rule, an amendment, or series of amendments, to a concurrent resolution on the budget proposed in the Senate shall always be in order if such amendment or series of amendments proposes to change any figure or figures then contained in such concurrent resolution so as to make such concurrent resolution mathematically consistent or so as to maintain such consistency.</content> </paragraph> </subsection> <page identifier="/us/stat/88/312">88 <inline class="smallCaps">Stat</inline>. 312</page> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Action on Conference Reports in the Senate</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The conference report on any concurrent resolution on the budget shall be in order iii the Senate at any time after the third day (excluding Saturdays, Sundays, and legal holidays) following the day on which such a conference report is reported and is available to Members of the Senate. A motion to proceed to the consideration of the conference report may be made even though a previous motion to the same effect has been disagreed to.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">During the Consideration in the Senate of the conference<sidenote><p class="firstIndent1 fontsize8">Debate, time limitation.</p></sidenote> report on any concurrent resolution on the budget, debate shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and minority leader or their designees. Debate on any debatable motion or appeal related to the conference report shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the conference report.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Should the conference report be defeated, debate on any request for a new conference and the appointment of conferees shall be limited to 1 hour, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee, and should any motion be made to instruct the conferees before the conferees are named, debate on such motion shall be limited to one-half hour, to be equally divided between, and controlled by, the mover and the manager of the conference report. Debate on any amendment to any such instructions shall be limited to 20 minutes, to be equally divided between and controlled by the mover and the manager of the conference report. In all cases when the manager of the conference report is in favor of any motion, appeal, or amendment, the time in opposition shall be under the control of the minority leader or his designee.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">In any case in which there are amendments in disagreement, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment that is not germane to the provisions of such amendments shall be received.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Required Action by Conference Committee</inline>.—</heading> <chapeau class="inline">If, at the end of<sidenote><p class="firstIndent1 fontsize8">Conference report, submittal to Congress.</p></sidenote> 7 days (excluding Saturdays, Sundays, and legal holidays) after the conferees of both Houses have been appointed to a committee of conference on a concurrent resolution on the budget, the conferees are unable to reach agreement with respect to all matters in disagreement between the two Houses, then the conferees shall submit to their respective Houses, on the first day thereafter on which their House is in session—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">a conference report recommending those matters on which they have agreed and reporting in disagreement those matters on which they have not agreed; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">a conference report in disagreement, if the matter in disagreement is an amendment which strikes out the entire text of the concurrent resolution and inserts a substitute text.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Concurrent Resolution Must Be Consistent in the Senate</inline>.—</heading> <chapeau class="inline">It shall not be in order in the Senate to vote on the question of agreeing to—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">a concurrent resolution on the budget unless the figures then contained in such resolution are mathematically consistent; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">a conference report on a concurrent resolution on the budget unless the figures contained in such resolution, as recommended in such conference report, are mathematically consistent.</content> </paragraph> </subsection> </section> </section> <page identifier="/us/stat/88/313">88 <inline class="smallCaps">Stat</inline>. 313</page> <section> <heading class="smallCaps centered">legislation dealing with congressional budget must be handled by budget committees</heading> <section class="firstIndent1 fontsize10"> <num value="306"><inline class="smallCaps">Sec</inline>. 306. </num> <content class="inline">No bill or resolution, and no amendment to any bill or <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1327">31 USC 1327</ref>.</p></sidenote> resolution, dealing with any matter which is within the jurisdiction of the Committee on the Budget of either House shall be considered in that House unless it is a bill or resolution which has been reported by the Committee on the Budget of that House (or from the consideration of which such committee has been discharged) or unless it is an amendment to such a bill or resolution.</content> </section> </section> <section> <heading class="smallCaps centered">house committee action on all appropriation bills to be completed before first appropriation bill is reported</heading> <section class="firstIndent1 fontsize10"> <num value="307"><inline class="smallCaps">Sec</inline>. 307. </num> <content class="inline">Prior to reporting the first regular appropriation bill for <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1328">31 USC 1328</ref>.</p></sidenote> each fiscal year, the Committee on Appropriations of the House of Representatives shall, to the extent practicable, complete subcommittee markup and full committee action on all regular appropriation bills for that year and submit to the House a summary report comparing <sidenote><p class="firstIndent1 fontsize8">Summary report, submittal to House.</p></sidenote> the committee’s recommendations with the appropriate levels of budget outlays and new budget authority as set forth in the most recently agreed to concurrent resolution on the budget for that year.</content> </section> </section> <section> <heading class="smallCaps centered">reports, summaries, and projections of congressional budget actions</heading> <section class="firstIndent1 fontsize10"> <num value="308"><inline class="smallCaps">Sec</inline>. 308. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Reports on Legislation Providing New Budget Authority or Tax Expenditures</inline>.—</heading> <chapeau class="inline">Whenever a committee of either <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1329">31 USC 1329</ref>.</p></sidenote> House reports a bill or resolution to its House providing new budget authority (other than continuing appropriations) or new or increased tax expenditures for a fiscal year, the report accompanying that bill <sidenote><p class="firstIndent1 fontsize8">Contents.</p></sidenote> or resolution shall contain a statement, prepared after consultation with the Director of the Congressional Budget Office, detailing—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">in the case of a bill or resolution providing new budget authority—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">how the new budget authority provided in that bill or resolution compares with the new budget authority set forth in the most recently agreed to concurrent resolution on the budget for such fiscal year and the reports submitted under section 302;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">a projection for the period of 5 fiscal years beginning with such fiscal year of budget outlays, associated with the budget authority provided in that bill or resolution, in each fiscal year in such period: and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">the new budget authority, and budget outlays resulting therefrom, provided by that bill or resolution for financial assistance to State and local governments; and</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">in the case of a bill or resolution providing new or increased tax expenditures—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">how the new or increased tax expenditures provided in that bill or resolution will affect the levels of tax expenditures under existing law as set forth in the report accompanying the first concurrent resolution on the budget for such fiscal year, or, if a report accompanying a subsequently agreed to concurrent resolution for such year sets forth such levels, then as set forth in that report; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">a projection for the period of 5 fiscal years beginning with such fiscal year of the tax expenditures which will result from that bill or resolution in each fiscal year in such period.</content> </subparagraph> </paragraph> <page identifier="/us/stat/88/314">88 <inline class="smallCaps">Stat</inline>. 314</page> <continuation class="inline">No projection shall be required for a fiscal year under paragraph (1) (B) or (2) (B) if the committee determines that a projection for that fiscal year is impracticable and states in its report the reason for such impracticability.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Up-to-Date Tabulation of Congressional Budget Actions</inline>.—</heading> <chapeau class="inline">The Director of the Congressional Budget Office shall issue periodic <sidenote><p class="firstIndent1 fontsize8">Periodic reports.</p></sidenote> reports detailing and tabulating the progress of congressional action on bills and resolutions providing new budget authority and changing revenues and the public debt limit for a fiscal year. Such reports shall<sidenote><p class="firstIndent1 fontsize8">Contents.</p></sidenote> include, but are not limited to—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">an up-to-date tabulation comparing the new budget authority for such fiscal year in bills and resolutions on which Congress has completed action and estimated outlays, associated with such new budget authority, during such fiscal year to the new budget authority and estimated outlays set forth in the most recently agreed to concurrent resolution on the budget for such fiscal year and the reports submitted under section 302;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">an up-to-date status report on all bills and resolutions providing new budget authority and changing revenues and the public debt limit for such fiscal year in both Houses;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">an up-to-date comparison of the appropriate level of revenues contained in the most recently agreed to concurrent resolution on the budget for such fiscal year with the latest estimate of revenues for such year (including new revenues anticipated during such year under bills and resolutions on which the Congress has completed action); and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">an up-to-date comparison of the appropriate level of the public debt contained in the most recently agreed to concurrent resolution on the budget for such fiscal year with the latest estimate of the public debt during such fiscal year.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Five-Year Projection of Congressional Budget Action</inline>.—</heading> <chapeau class="inline">As <sidenote><p class="firstIndent1 fontsize8">Report.</p></sidenote> soon as practicable after the beginning of each fiscal year, the Director of the Congressional Budget Office shall issue a report projecting for the period of 5 fiscal years beginning with such fiscal year—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">total new budget authority and total budget outlays for each fiscal year in such period;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">revenues to be received and the major sources thereof, and the surplus or deficit, if any, for each fiscal year in such period; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">tax expenditures for each fiscal year in such period.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">completion of action on bills providing new budget authority and certain new spending authority</heading> <section class="firstIndent1 fontsize10"> <num value="309"><inline class="smallCaps">Sec</inline>. 309. </num> <chapeau class="inline">Except as otherwise provided pursuant to this title, not<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1330">31 USC 1330</ref>.</p></sidenote> later than the seventh day after Labor Day of each year, the Congress shall complete action on all bills and resolutions—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">providing new budget authority for the fiscal year beginning on October 1 of such year, other than supplemental, deficiency, and continuing appropriation bills and resolutions, and other than the reconciliation bill for such year, if required to be reported under section 310(c); and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">providing new spending authority described in section 401 (c) (2) (C) which is to become effective during such fiscal year.</content> </paragraph> <continuation class="inline">Paragraph (1) shall not apply to any bill or resolution if legislation authorizing the enactment of new budget authority to be provided in such bill or resolution has not been timely enacted.</continuation> </section> </section> <page identifier="/us/stat/88/315">88 <inline class="smallCaps">Stat</inline>. 315</page> <section> <heading class="smallCaps centered">second required concurrent resolution and reconciliation process</heading> <section class="firstIndent1 fontsize10"> <num value="310"><inline class="smallCaps">Sec</inline>. 310. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Reporting of Concurrent Resolution</inline>.—</heading> <chapeau class="inline">The Committee <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1331">31 USC 1331</ref>.</p></sidenote> on the Budget of each House shall report to its House a concurrent resolution on the budget which reaffirms or revises the concurrent resolution on the budget most recently agreed to with respect to the fiscal year beginning on October 1 of such year. Any such concurrent resolution on the budget shall also, to the extent necessary—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">specify the total amount by which—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">new budget authority for such fiscal year;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">budget authority initially provided for prior fiscal years; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">new spending authority described in section 401 (c) (2)(C) which is to become effective during such fiscal year,</content> </subparagraph> <continuation class="inline">contained in laws, bills, and resolutions within the jurisdiction of a committee, is to be changed and direct that committee to determine and recommend changes to accomplish a change of such total amount;</continuation> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">specify the total amount by which revenues are to be changed and direct that the committees having jurisdiction to determine and recommend changes in the revenue laws, bills, and resolutions to accomplish a change of such total amount;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">specify the amount by which the statutory limit on the public debt is to be changed and direct the committees having jurisdiction to recommend such change; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">specify and direct any combination of the matters described in paragraphs (1), (2), and (3).</content> </paragraph> <continuation class="inline">Any such concurrent resolution may be reported, and the report <sidenote><p class="firstIndent1 fontsize8">Filing.</p></sidenote> accompanying it may be filed, in either House notwithstanding that that House is not in session on the day on which such concurrent resolution is reported.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Completion of Action on Concurrent Resolution</inline>.—</heading> <content class="inline">Not later than September 15 of each year, the Congress shall complete action on the concurrent resolution on the budget referred to in subsection (a).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Reconciliation Process</inline>.—</heading> <chapeau class="inline">If a concurrent resolution is agreed to in accordance with subsection (a) containing directions to one or more committees to determine and recommend changes in laws, bills, or resolutions, and—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">only one committee of the House or the Senate is directed to determine and recommend changes, that committee shall promptly make such determination and recommendations and report to its House a reconciliation bill or reconciliation resolution, or both, containing such recommendations; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">more than one committee of the House or the Senate is directed to determine and recommend changes, each such committee so directed shall promptly make such determination and recommendations, whether such changes are to be contained in a reconciliation bill or reconciliation resolution, and submit such recommendations to the Committee on the Budget of its House, which upon receiving all such recommendations, shall report to its House a reconciliation bill or reconciliation resolution, or both, carrying out all such recommendations without any substantive revision.</content> </paragraph> <page identifier="/us/stat/88/316">88 <inline class="smallCaps">Stat</inline>. 316</page> <continuation class="inline">For purposes of this subsection, a reconciliation resolution is a concurrent <sidenote><p class="firstIndent1 fontsize8">Reconciliation resolution.</p></sidenote> resolution directing the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be, to make specified changes in bills and resolutions which have not been enrolled.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Completion of Reconciliation Process</inline>.—</heading> <content class="inline">Congress shall complete action on any reconciliation bill or reconciliation resolution reported under subsection (c) not later than September 25 of each year.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Procedure in the Senate</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Except as provided in paragraph (2), the provisions of section 305 for the consideration in the Senate of concurrent resolutions on the budget and conference reports thereon shall also apply to the consideration in the Senate of reconciliation bills and reconciliation resolutions reported under subsection (c) and conference reports thereon.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Debate in the Senate on any reconciliation bill or resolution <sidenote><p class="firstIndent1 fontsize8">Debate, time limitation.</p></sidenote> reported under subsection (c), and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <heading class="inline"><inline class="smallCaps">Congress May Not Adjourn Until Action Is Completed</inline>.—</heading> <content class="inline">It shall not be in order in either the House of Representatives or the Senate to consider any resolution providing for the adjournment sine die of either House unless action has been completed on the concurrent resolution on the budget required to be reported under subsection (a) for the fiscal year beginning on October 1 of such year, and, if a reconciliation bill or resolution, or both, is required to be reported under subsection (c) for such fiscal year, unless the Congress has completed action on that bill or resolution, or both.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">new budget authority, new spending authority and revenue legislation must be within appropriate levels</heading> <section class="firstIndent1 fontsize10"> <num value="311"><inline class="smallCaps">Sec</inline>. 311. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Legislation Subject to Point of Order</inline>.—</heading> <chapeau class="inline">After the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1332">31 USC 1332</ref>.</p></sidenote> Congress has completed action on the concurrent resolution on the budget required to be reported under section 310(a) for a fiscal year, and, if a reconciliation bill or resolution, or both, for such fiscal year are required to be reported under section 310(c), after that bill has been enacted into law or that resolution has been agreed to, it shall not be in order in either the House of Representatives or the Senate to consider any bill, resolution, or amendment providing additional new budget authority for such fiscal year, providing new spending authority described in section 401(c) (2) (C) to become effective during such fiscal year, or reducing revenues for such fiscal year, or any conference report on any such bill or resolution, if—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the enactment of such bill or resolution as reported;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the adoption and enactment of such amendment; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the enactment of such bill or resolution in the form recommended in such conference report;</content> </paragraph> <continuation class="inline">would cause the appropriate level of total new budget authority or total budget outlays set forth in the most recently agreed to concurrent resolution on the budget for such fiscal year to be exceeded, or would cause revenues to be less than the appropriate level of revenues set forth in such concurrent resolution.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Determination of Outlays and Revenues</inline>.—</heading> <content class="inline">For purposes of subsection (a) , the budget outlays to be made during a fiscal year and revenues to be received during a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the House of Representatives or the Senate, as the case may be.</content> </subsection> </section> </section> 88 Stat. 317 <num value="IV">TITLE IV—</num> <heading class="inline">ADDITIONAL PROVISIONS TO IMPROVE FISCAL PROCEDURES</heading> <section> <heading class="smallCaps centered">bills providing new spending authority</heading> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Legislation Providing Contract or Borrowing Authority</inline>.—</heading> <content class="inline">It shall not be in order in either the House of Representatives <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1351">31 USC 1351</ref>.</p></sidenote> or the Senate to consider any bill or resolution which provides new spending authority described in subsection (c) (2) (A) or (B) (or any amendment which provides such new spending authority), unless that bill, resolution, or amendment also provides that such new spending authority is to be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Legislation Providing Entitlement Authority</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">It shall not be in order in either the House of Representatives or the Senate to consider any bill or resolution which provides new spending authority described in subsection (c)(2)(C) (or any amendment which provides such new spending authority) which is to become effective before the first day of the fiscal year which begins during the calendar year in which such bill or resolution is reported.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">If any committee of the House of Representatives or the Senate reports any bill or resolution which provides new spending authority described in subsection (c) (2) (C) which is to become effective during a fiscal year and the amount of new budget authority which will be required for such fiscal year if such bill or resolution is enacted as so reported exceeds the appropriate allocation of new budget authority reported under section 302(b) in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year, such bill or resolution shall then be <sidenote><p class="firstIndent1 fontsize8">Referral to Appropriations Committee.</p></sidenote> referred to the Committee on Appropriations of that House with instructions to report it, with the committee’s recommendations, within 15 calendar days (not counting any day on which that House is not in session) beginning with the day following the day on which it is so referred. If the Committee on Appropriations of <sidenote><p class="firstIndent1 fontsize8">Discharge from consideration.</p></sidenote> either House fails to report a bill or resolution referred to it under this paragraph within such 15-day period, the committee shall automatically be discharged from further consideration of such bill or resolution and such bill or resolution shall be placed on the <sidenote><p class="firstIndent1 fontsize8">Placement on calendar.</p></sidenote> appropriate calendar.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The Committee on Appropriations of each House shall have <sidenote><p class="firstIndent1 fontsize8">Committee jurisdiction.</p></sidenote> jurisdiction to report any bill or resolution referred to it under paragraph (2) with an amendment which limits the total amount of new spending authority provided in such bill or resolution.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Definitions</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">For purposes of this section, the term “new spending authority” means spending authority not provided by law on the effective date of this section, including any increase in or addition to spending authority provided by law on such date.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">For purposes of paragraph (1), the term “spending authority” means authority (whether temporary or permanent) —</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">to enter into contracts under which the United States is obligated to make outlays, the budget authority for which is not provided in advance by appropriation Acts;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">to incur indebtedness (other than indebtedness incurred under the Second Liberty Bond Act) for the repayment <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s774">31 USC 774</ref>.</p></sidenote> of which the United States is liable, the budget authority for which is not provided in advance by appropriation Acts; and</content> </subparagraph> <page identifier="/us/stat/88/318">88 <inline class="smallCaps">Stat</inline>. 318</page> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">to make payments (including loans and grants), the budget authority for which is not provided for in advance by appropriation Acts, to any person or government if, under the provisions of the law containing such authority, the United States is obligated to make such payments to persons or governments who meet the requirements established by such law.</content> </subparagraph> <continuation class="inline">Such term does not include authority to insure or guarantee the repayment of indebtedness incurred by another person or government,</continuation> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Exceptions</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">Subsections (a) and (b) shall not apply to new spending authority if the budget authority for outlays which will result from such new spending authority is derived—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">from a trust fund established by the Social Security Act (as in effect on the date of the enactment of this Act);<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote> or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">from any other trust fund, 90 percent or more of the receipts of which consist or will consist of amounts (transferred from the general fund of the Treasury) equivalent to amounts of taxes (related to the purposes for which such outlays are or will be made) received in the Treasury under specified provisions of the Internal Revenue Code of 1954.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s1">26 USC 1 <i>et seq.</i></ref></p></sidenote></content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Subsections (a) and (b) shall not apply to new spending authority which is an amendment to or extension of the State and Local Fiscal Assistance Act of 1972, or a continuation of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1221">31 USC 1221 note</ref>.</p></sidenote> the program of fiscal assistance to State and local governments provided by that Act, to the extent so provided in the bill or resolution providing such authority.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">Subsections (a) and (b) shall not apply to new spending authority to the extent that—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">the outlays resulting therefrom are made by an organization which is (i) a mixed-ownership Government corporation (as defined in section 201 of the Government Corporation Control Act) , or (ii) a wholly owned Government <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s856">31 USC 856</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s846">31 USC 846</ref>.</p></sidenote> corporation (as defined in section 101 of such Act) which is specifically exempted by law from compliance with any or all of the provisions of that Act; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">the outlays resulting therefrom consist exclusively of the proceeds of gifts or bequests made to the United States for a specific purpose.</content> </subparagraph> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">reporting of authorizing legislation</heading> <section class="firstIndent1 fontsize10"> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Required Reporting Date</inline>.—</heading> <content class="inline">Except as otherwise provided <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1352">31 USC 1352</ref>.</p></sidenote> in this section, it shall not be in order in either the House of Representatives or the Senate to consider any bill or resolution which, directly or indirectly, authorizes the enactment of new budget authority for a fiscal year, unless that bill or resolution is reported in the House or the Senate, as the case may be, on or before May 15 preceding the beginning of such fiscal year.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Emergency Waiver in the House</inline>.—</heading> <content class="inline">If the Committee on Rules of the House of Representatives determines that emergency conditions require a waiver of subsection (a) with respect to any bill or resolution, such committee may report, and the House may consider and adopt, a resolution waiving the application of subsection (a) in the case of such bill or resolution.</content> </subsection> <page identifier="/us/stat/88/319">88 <inline class="smallCaps">Stat</inline>. 319</page> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline">Waiver in the Senate.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The committee of the Senate which reports any bill or resolution may, at or after the time it reports such bill or resolution, report a resolution to the Senate (A) providing for the waiver of subsection (a) with respect to such bill or resolution, and (B) stating the reasons why the waiver is necessary. The <sidenote><p class="firstIndent1 fontsize8">Referral to Budget Committee.</p></sidenote> resolution shall then be referred to the Committee on the Budget of the Senate. That committee shall report the resolution to the Senate, within 10 days after the resolution is referred to it (not <sidenote><p class="firstIndent1 fontsize8">Report to Senate.</p></sidenote> counting any day on which the Senate is not in session) beginning with the day following the day on which it is so referred accompanied by that committee’s recommendations and reasons for such recommendations with respect to the resolution. If the committee <sidenote><p class="firstIndent1 fontsize8">Discharge from consideration.</p></sidenote> does not report the resolution within such 10-day period, it shall automatically be discharged from further consideration of the resolution and the resolution shall be placed on the calendar.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">During the consideration of any such resolution, debate shall be limited to one hour, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees, and the time on any debatable motion or appeal shall be limited to 20 minutes, to be equally divided between,<sidenote><p class="firstIndent1 fontsize8">Placement on calendar.</p><p class="firstIndent1 fontsize8">Debate, time limitation.</p></sidenote> and controlled by, the mover and the manager of the resolution. In the event the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from the time under their control on the passage of such resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. No amendment to the resolution is in order.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">If, after the Committee on the Budget has reported (or been discharged from further consideration of) the resolution, the Senate agrees to the resolution, then subsection (a) of this section shall not apply with respect to that bill or resolution referred to in the resolution.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Certain Bills and Resolutions Received From Other House</inline>.—</heading> <content class="inline">Notwithstanding the provisions of subsection (a), if under that subsection it is in order in the House of Representatives to consider a bill or resolution of the House, then it shall be in order to consider a companion or similar bill or resolution of the Senate; and if under that subsection it is in order in the ’Senate to consider a bill or resolution of the Senate, then it shall be in order to consider a companion or similar bill of the House of Representatives.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Exceptions</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Subsection (a) shall not apply with respect to new spending authority described in section 401(c) (2)(C).</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Subsection (a) shall not apply with respect to new budget authority authorized in a bill or resolution for any provision of the Social Security Act if such bill or resolution also provides new spending authority described in section 401(c)(2)(C) which, under section 401(d) (1) (A) , is excluded from the application of section 401(b).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <heading class="inline"><inline class="smallCaps">Study of Existing Spending Authority and Permanent Appropriations</inline>.—</heading> <content class="inline">The Committees on Appropriations of the House of Representatives and the Senate shall study on a continuing basis those provisions of law, in effect on the effective date of this section, which provide spending authority or permanent budget authority. Each <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> committee shall, from time to time, report to its House its recommendations for terminating or modifying such provisions.</content> </subsection> </section> </section> <page identifier="/us/stat/88/320">88 <inline class="smallCaps">Stat</inline>. 320</page> <section> <heading class="smallCaps centered">analysis by congressional budget office</heading> <section class="firstIndent1 fontsize10"> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num> <chapeau class="inline">The Director of the Congressional Budget Office shall, to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1353">31 USC 1353</ref>.</p></sidenote> the extent practicable, prepare for each bill or resolution of a public character reported by any committee of the House of Representatives or the Senate (except the Committee on Appropriations of each House), and submit to such committee—<sidenote><p class="firstIndent1 fontsize8">Submittal to congressional committees.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">an estimate of the costs which would be incurred in carrying out such bill or resolution in the fiscal year in which it is to become effective and in each of the 4 fiscal years following such fiscal year, together with the basis for each such estimate; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">a comparison of the estimate of costs described in paragraph (1) with any available estimate of costs made by such committee or by any Federal agency.</content> </paragraph> <continuation class="inline">The estimate and comparison so submitted shall be included in the report accompanying such bill or resolution if timely submitted to such committee before such report is filed.</continuation> </section> </section> <section> <heading class="smallCaps centered">jurisdiction of appropriations committees</heading> <section class="firstIndent1 fontsize10"> <num value="404"><inline class="smallCaps">Sec</inline>. 404. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Amendment of House Rules</inline>.—</heading> <content class="inline">Clause 2 of rule XI of the Rules of the House of Representatives is amended by redesignating paragraph (b) as paragraph (e) and by inserting after paragraph (a) the following new paragraphs: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">Rescission of appropriations contained in appropriation Acts preferred to in section 105 of title 1, United States Code).<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 322.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The amount of new spending authority described in section 401(c)(2) (A) and (B) of the Congressional Budget Act of 1974 which is to be effective for a fiscal year.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">New spending authority described in section 401(c)(2)(C) of the Congressional Budget Act of 1974 provided in bills and resolutions referred to the committee under section 401(b) (2) of that Act (but subject to the provisions of section 401(b) (3) of that Act).”</content> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Amendment of Senate Rules</inline>.—</heading> <content class="inline">Subparagraph (c) of paragraph 1 of rule XXV of the Standing Rules of the Senate is amended to read as follows: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <chapeau class="inline">Committee on Appropriations, to which committee shall be referred all proposed legislation, messages, petitions, memorials, and other matters relating to the following subjects:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">“1. </num> <content class="inline">Except as provided in subparagraph (r), appropriation of the revenue for the support of the Government.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“2. </num> <content class="inline">Rescission of appropriations contained in appropriation Acts (referred to in section 105 of title 1, United States Code).</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“3. </num> <content class="inline">The amount of new spending authority described in section 401 (c) (2) (A) and (B) of the Congressional Budget Act of 1974 provided in bills and resolutions referred to the committee under section 401(b) (2) of that Act (but subject to the provisions of section 401 (b)(3) of that Act) .</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“4. </num> <content class="inline">New advance spending authority described in section 401(c) (2) (C) of the Congressional Budget Act of 1974 provided in bills and resolutions referred to the committee under section 401(b) (2) of that Act (but subject to the provisions of section 401(b) (3) of that Act).”</content> </paragraph> </subsection> </quotedContent> </content> </subsection> </section> </section> 88 Stat. 321 <num value="V">TITLE V—</num> <heading class="inline">CHANGE OF FISCAL YEAR</heading> <section> <heading class="smallCaps centered">fiscal year to begin october 1</heading> <section class="firstIndent1 fontsize10"> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num> <content class="inline">Section 237 of the Revised Statutes (31 U.S.C. 1020) is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="237">“<inline class="smallCaps">Sec</inline>. 237. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The fiscal year of the Treasury of the United States, in all matters of accounts, receipts, expenditures, estimates, and appropriations—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">shall, through June 30, 1976, commence on July 1 of each year and end on June 30 of the following year; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">shall, beginning on October 1, 1976, commence on October 1 of each year and end on September 30 of the following year.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">All accounts of receipts and expenditures required by law to <sidenote><p class="firstIndent1 fontsize8">Accounts, annual publication.</p></sidenote> be published annually shall be prepared and published for each fiscal year as established by subsection (a).”</content> </subsection> </section> </quotedContent> </content> </section> </section> <section> <heading class="smallCaps centered">transition to new fiscal year</heading> <section class="firstIndent1 fontsize10"> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">As soon as practicable, the President shall prepare <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1020">31 USC 1020 note</ref>.</p><p class="firstIndent1 fontsize8">Budget estimates and proposed legislation, submittal to Congress.</p></sidenote> and submit to the Congress—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">after consultation with the Committees on Appropriations of the House of Representatives and the Senate, budget estimates for the United States Government for the period commencing July 1, 1976, and ending on September 30, 1976, in such form and detail as he may determine; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">proposed legislation he considers appropriate with respect to changes in law necessary to provide authorizations of appropriations for that period.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Director of the Office of Management and Budget shall provide by regulation, order, or otherwise for the orderly transition by all departments, agencies, and instrumentalities of the United States Government and the government of the District of Columbia from the use of the fiscal year in effect on the date of enactment of this Act to the use of the new fiscal year prescribed by section 237 (a) (2) of the Revised Statutes. The Director shall prepare and submit <sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote> to the Congress such additional proposed legislation as he considers necessary to accomplish this objective.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The Director of the Office of Management and Budget and <sidenote><p class="firstIndent1 fontsize8">Study.</p></sidenote> the Director of the Congressional Budget Office jointly shall conduct a study of the feasibility and advisability of submitting the Budget or portions thereof, and enacting new budget authority or portions thereof, for a fiscal year during the regular session of the Congress which begins in the year preceding the year in which such fiscal year begins. The Director of the Office of Management and Budget and <sidenote><p class="firstIndent1 fontsize8">Reports, submittal to Congress.</p></sidenote> the Director of the Congressional Budget Office each shall submit a report of the results of the study conducted by them, together with his own conclusions and recommendations, to the Congress not later than 2 years after the effective date of this subsection.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">accounting procedures</heading> <section class="firstIndent1 fontsize10"> <num value="503"><inline class="smallCaps">Sec</inline>. 503. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Subsection (a) (1) of the first section of the Act entitled "An Act to simplify accounting, facilitate the payment of obligations, and for other purposes", approved July 25, 1956, as amended (31 U.S.C. 701), is amended to read as follows: <page identifier="/us/stat/88/322">88 <inline class="smallCaps">Stat</inline>. 322</page> <quotedContent> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">The obligated balance shall be transferred, at the time specified in subsection (b) (1) of this section, to an appropriation account of the agency or subdivision thereof responsible for the liquidation of the obligation, in which account shall be merged the amounts so transferred from all appropriation accounts for the same general purposes; and”,</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Subsection (b) of such section is amended to read as follows:<sidenote><p class="firstIndent1 fontsize8">Transfers.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s701">31 USC 701</ref>.</p></sidenote> <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Any obligated balance referred to in subsection (a) (1) of this section shall be transferred as follows:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">for any fiscal year or years ending on or before June 30, 1976, on that June 30 which falls in the first month of June which occurs twenty-four months after the end of such fiscal year or years; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">for the period commencing on July 1, 1976, and ending on September 30, 1976, and for any fiscal year commencing on or after October 1, 1976, on September 30 of the second fiscal year following that period or the fiscal year or years, as the case may be, for which the appropriation is available for obligation.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">The withdrawals required by subsection (a) (2) of this section<sidenote><p class="firstIndent1 fontsize8">Withdrawals.</p></sidenote> shall be made—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">for any fiscal year ending on or before June 30, 1976, not later than September 30 of the fiscal year immediately following the fiscal year in which the period of availability for obligation expires; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">for the period commencing on July 1, 1976, and ending on September 30, 1976, and for any fiscal year commencing on or after October 1, 1976, not later than November 15 following such period or fiscal year, as the case may be, in which the period of availability for obligation expires.”</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </subsection> </section> </section> <section> <heading class="smallCaps centered">conversion of authorizations of appropriations</heading> <section class="firstIndent1 fontsize10"> <num value="504"><inline class="smallCaps">Sec</inline>. 504. </num> <content class="inline">Any law providing for an authorization of appropriations<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1020a">31 USC 1020a</ref>.</p></sidenote> commencing on July 1 of a year shall, if that year is any year after 1975, be considered as meaning October 1 of that year. Any law providing for an authorization of appropriations ending on June 30 of a year shall, if that year is any year after 1976, be considered as meaning September ’30 of that year. Any law providing for an authorization of appropriations for the fiscal year 1977 or any fiscal year thereafter shall be construed as referring to that fiscal year ending on September 30 of the calendar year having the same calendar year number as the fiscal year number.</content> </section> </section> <section> <heading class="smallCaps centered">repeals</heading> <section class="firstIndent1 fontsize10"> <num value="505"><inline class="smallCaps">Sec</inline>. 505. </num> <chapeau class="inline">The following provisions of law are repealed:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the ninth paragraph under the headings “Legislative Establishment”, “Senate”, of the Deficiency Appropriation Act, fiscal year 1934 (48 Stat. 1022; 2 U.S.C. 66) ; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the proviso to the second paragraph under the headings “House of Representatives”, “Salaries, Mileage, and Expenses of Members”, of the Legislative-Judiciary Appropriation Act, 1955 (68 Stat. 400; 2 U.S.C. 81).</content> </paragraph> </section> </section> <section> <heading class="smallCaps centered">technical amendment</heading> <section class="firstIndent1 fontsize10"> <num value="506"><inline class="smallCaps">Sec</inline>. 506. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 105 of title 1, United States Code, is amended by striking out “June 30” and inserting in lieu thereof “September 30”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The provisions of subsection (a) of this section shall be effective <sidenote><p class="firstIndent1 fontsize8">Effective dates.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t1/s105">1 USC 105 note</ref>.</p></sidenote> with respect to Acts making appropriations for the support of the Government for any fiscal year commencing on or after October 1, 1976.</content> </subsection> </section> </section> 88 Stat. 323 <num value="VI">TITLE VI—</num> <heading class="inline">AMENDMENTS TO BUDGET AND ACCOUNTING ACT, 1921</heading> <section> <heading class="smallCaps centered">matters to be included in president’s budget</heading> <section class="firstIndent1 fontsize10"> <num value="601"><inline class="smallCaps">Sec</inline>. 601. </num> <content class="inline">Section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11), is amended by adding at the end thereof the following new subsections: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">The Budget transmitted pursuant to subsection (a) for each fiscal year shall set forth separately the items enumerated in section 301(a) (1)–(5) of the Congressional Budget Act of 1974. <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 306.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content class="inline">The Budget transmitted pursuant to subsection (a) for each fiscal year shall set forth the levels of tax expenditures under existing law for such fiscal year (the tax expenditure budget), taking into account projected economic factors, and any changes in such existing levels based on proposals contained in such Budget, For purposes of this subsection, the terms ‘tax expenditures’ and ‘tax expenditures budget’ have the meanings given to them by section 3(a)(3) of the Congressional Budget Act of 1974. <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 299.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <chapeau class="inline">The Budget transmitted pursuant to subsection (a) for each fiscal year shall contain—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">a comparison, for the last completed fiscal year, of the total amount of outlays estimated in the Budget transmitted pursuant to subsection (a) for each major program involving uncontrollable or relatively uncontrollable outlays and the total amount of outlays made under each such major program during such fiscal year;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">a comparison, for the last completed fiscal year, of the total amount of revenues estimated in the Budget transmitted pursuant to subsection (a) and the total amount of revenues received during such year, and, with respect to each major revenue source, the amount of revenues estimated in the Budget transmitted pursuant to subsection (a) and the amount of revenues received during such year; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">an analysis and explanation of the difference between each amount set forth pursuant to paragraphs (1) and (2) as the amount of outlays or revenues estimated in the Budget submitted under subsection (a) for such fiscal year and the corresponding amount set forth as the amount of outlays made or revenues received during such fiscal year.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">“(g) </num> <content class="inline">The President shall transmit to the Congress, on or before <sidenote><p class="firstIndent1 fontsize8">Presidential statement, transmittal to Congress.</p></sidenote> April 10 and July 15 of each year, a statement of all amendments to revisions in the budget authority requested, the estimated outlays, the estimated receipts for the ensuing fiscal year set forth in the Budget transmitted pursuant to subsection (a) (including any previous amendments or revisions proposed on behalf of the executive branch) that he deems necessary and appropriate based on the most current information available. Such statement shall contain the effect of such amendments and revisions on the summary data submitted under subsection (a) and shall include such supporting detail as is practicable. The statement transmitted on or before July 15 of any year may be included in the supplemental summary required to be transmitted under subsection (b) during such year. The Budget transmitted to the Congress pursuant to subsection (a) for any fiscal year, or the supporting detail transmitted in connection therewith, shall include a statement of all such amendments and revisions with respect to the fiscal year in progress made before the date of transmission of such Budget.</content> </subsection> <page identifier="/us/stat/88/324">88 <inline class="smallCaps">Stat</inline>. 324</page> <subsection class="firstIndent1 fontsize10"> <num value="h">“(h) </num> <content class="inline">The Budget transmitted pursuant to subsection (a) for each fiscal year shall include information with respect to estimates of appropriations for the next succeeding fiscal year for grants, contracts, or other payments under any program for which there is an authorization of appropriations for such succeeding fiscal year and such appropriations are authorized to be included in an appropriation Act for the fiscal year preceding the fiscal year in which the appropriation is to be available for obligation.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <chapeau class="inline">The Budget transmitted pursuant to subsection (a) for each fiscal year, beginning with the fiscal year ending September 30, 1979, shall contain a presentation of budget authority, proposed budget authority, outlays, proposed outlays, and descriptive information in terms of—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">a detailed structure of national needs which shall be used to reference all agency missions and programs;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">agency missions; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">basic programs.</content> </paragraph> </subsection> </quotedContent> <p class="inline">To the extent practicable, each agency shall furnish information in support of its budget requests in accordance with its assigned missions in terms of Federal functions and subfunctions, including mission responsibilities of component organizations, and shall relate its programs to agency missions.”</p> </content> </section> </section> <section> <heading class="smallCaps centered">midyear review</heading> <section class="firstIndent1 fontsize10"> <num value="602"><inline class="smallCaps">Sec</inline>. 602. </num> <content class="inline">Section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11), is amended by striking out “<quotedText>on or before June 1 of each year, beginning with 1972</quotedText>” and inserting in lieu thereof “<quotedText>on or before July 15 of each year</quotedText>”.</content> </section> </section> <section> <heading class="smallCaps centered">five-year budget projections</heading> <section class="firstIndent1 fontsize10"> <num value="603"><inline class="smallCaps">Sec</inline>. 603. </num> <chapeau class="inline">Section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11), is amended—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by inserting after “<quotedText>ensuing fiscal year</quotedText>” in paragraph (5) “and projections for the four fiscal years immediately following the ensuing fiscal year”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out “<quotedText>such year</quotedText>” in paragraph (5) and inserting in lieu thereof “<quotedText>such years</quotedText>”; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">by inserting after “<quotedText>ensuing fiscal year</quotedText>” in paragraph (6) “and projections for the four fiscal years immediately following the ensuing fiscal year”.</content> </paragraph> </section> </section> <section> <heading class="smallCaps centered">allowances for supplemental budget authority and uncontrollable outlays</heading> <section class="firstIndent1 fontsize10"> <num value="604"><inline class="smallCaps">Sec</inline>. 604. </num> <chapeau class="inline">Section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11), is further amended—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by striking out “<quotedText>and</quotedText>” at the end of paragraph (11);</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out the period at the end of paragraph (12) and inserting in lieu thereof “<quotedText> ; and</quotedText>”; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="13">“(13) </num> <content class="inline">an allowance for additional estimated expenditures and proposed appropriations for the ensuing fiscal year, and an allowance for unanticipated uncontrollable expenditures for the ensuing fiscal year.”</content> </paragraph> </quotedContent> </content> </paragraph> </section> </section> <page identifier="/us/stat/88/325">88 <inline class="smallCaps">Stat</inline>. 325</page> <section> <heading class="smallCaps centered">budget data based on continuation of existing level of services</heading> <section class="firstIndent1 fontsize10"> <num value="605"><inline class="smallCaps">Sec</inline>. 605. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">On or before November 10 of each year (beginning <sidenote><p class="firstIndent1 fontsize8">Estimated outlays and proposed budget authority; submittal to Congress by President.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s11a">31 USC 11a</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 324.</p></sidenote> with 1975), the President shall submit to the Senate and the House of Representatives the estimated outlays and proposed budget authority which would be included in the Budget to be submitted pursuant to section 201 of the Budget and Accounting Act, 1921, for the ensuing fiscal year if all programs and activities were carried on during such ensuing fiscal year at the same level as the fiscal year in progress and without policy changes in such programs and activities. The estimated outlays and proposed budget authority submitted pursuant to this section shall be shown by function and sub functions (in accordance with the classifications in the budget summary table entitled “Budget Authority and Outlays by Function and Agency”), by major programs within each such function, and by agency. Accompanying these estimates shall be the economic and programmatic assumptions underlying the estimated outlays and proposed budget authority, such as the rate of inflation, the rate of real economic growth, the unemployment rate, program caseloads, and pay increases.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Joint Economic Committee shall review the estimated outlays <sidenote><p class="firstIndent1 fontsize8">Evaluation, submittal to Budget Committees.</p></sidenote> and proposed budget authority so submitted, and shall submit to the Committees on the Budget of both Houses an economic evaluation thereof on or before December 31 of each year.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">study of off-budget agencies</heading> <section class="firstIndent1 fontsize10"> <num value="606"><inline class="smallCaps">Sec</inline>. 606. </num> <content class="inline">The Committees on the Budget of the House of Representatives <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s11b">31 USC 11b</ref>.</p></sidenote> and the Senate shall study on a continuing basis those provisions of law which exempt agencies of the Federal Government, or any of their activities or outlays, from inclusion in the Budget of the United States Government transmitted by the President under section 201 of the Budget and Accounting Act, 1921. Each committee shall, <sidenote><p class="firstIndent1 fontsize8">Periodic reports to Congress.</p></sidenote> from time to time, report to its House its recommendations for terminating or modifying such provisions.</content> </section> </section> <section> <heading class="smallCaps centered">year-ahead requests for authorization of new budget authority</heading> <section class="firstIndent1 fontsize10"> <num value="607"><inline class="smallCaps">Sec</inline>. 607. </num> <content class="inline">Notwithstanding any other provision of law, any request <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s11c">31 USC 11c</ref>.</p></sidenote> for the enactment of legislation authorizing the enactment of new budget authority to continue a program or activity for a fiscal year (beginning with the fiscal year commencing October 1, 1976) shall be submitted to the Congress not later than May 15 of the year preceding the year in which such fiscal year begins. In the case of a request for the enactment of legislation authorizing the enactment of new budget authority for a new program or activity which is to continue for more than one fiscal year, such request shall be submitted for at least the first 2 fiscal years.</content> </section> </section> <num value="VII">TITLE VII—</num> <heading class="inline">PROGRAM REVIEW AND EVALUATION</heading> <section> <heading class="smallCaps centered">review and evaluation by standing committees</heading> <section class="firstIndent1 fontsize10"> <num value="701"><inline class="smallCaps">Sec</inline>. 701. </num> <content class="inline">Section 136(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 190d) is amended by adding at the end thereof the following new sentences: “<quotedText>Such committees may carry out the required analysis, appraisal, and evaluation themselves, or by contract, or may require a Government agency to do so and furnish a report thereon to <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> the Congress. Such committees may rely on such techniques as pilot testing, analysis of costs in comparison with benefits, or provision for evaluation after a defined period of time.</quotedText>”</content> </section> </section> <page identifier="/us/stat/88/326">88 <inline class="smallCaps">Stat</inline>. 326</page> <section> <heading class="smallCaps centered">review and evaluation by the comptroller general</heading> <section class="firstIndent1 fontsize10"> <num value="702"><inline class="smallCaps">Sec</inline>. 702. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 204 of the Legislative Reorganization Act of 1970 (31 U.S.C. 1154) is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“review and evaluation</heading> <section class="firstIndent1 fontsize10"> <num value="204">“<inline class="smallCaps">Sec</inline>. 204. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Comptroller General shall review and evaluate the results of Government programs and activities carried on under existing law when ordered by either House of Congress, or upon his own initiative, or when requested by any committee of the House of Representatives or the Senate, or any joint committee of the two Houses, having jurisdiction over such programs and activities.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">The Comptroller General, upon request of any committee of either House or any joint committee of the two Houses, shall—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">assist such committee or joint committee in developing a statement of legislative objectives and goals and methods for assessing and reporting actual program performance in relation to such legislative objectives and goals. Such statements shall include, but are not limited to, recommendations as to methods of assessment, information to be reported, responsibility for reporting, frequency of reports, and feasibility of pilot testing; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">assist such committee or joint committee in analyzing and assessing program reviews or evaluation studies prepared by and for any Federal agency.</content> </paragraph> <continuation class="inline">Upon request of any Member of either House, the Comptroller General <sidenote><p class="firstIndent1 fontsize8">Copies.</p></sidenote> shall furnish to such Member a copy of any statement or other material compiled in carrying out paragraphs (1) and (2) which has been released by the committee or joint committee for which it was compiled.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The Comptroller General shall develop and recommend to the Congress methods for review and evaluation of Government programs and activities carried on under existing law.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">In carrying out his responsibilities under this section, the<sidenote><p class="firstIndent1 fontsize8">Office of Program Review and Evaluation.</p><p class="firstIndent1 fontsize8">Establishment.</p></sidenote> Comptroller General is authorized to establish an Office of Program Review and Evaluation within the General Accounting Office. The Comptroller General is authorized to employ not to exceed ten experts on a permanent, temporary, or intermittent basis and to obtain services as authorized by section 3109 of title 5, United States Code, but in either case at a rate (or the daily equivalent) for individuals not to exceed that prescribed, from time to time, for level V of the Executive Schedule under section 5316 of title 5, United States Code.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content class="inline">The Comptroller General shall include in his annual report to the Congress a review of his activities under this section, including his recommendations of methods for review and evaluation of Government programs and activities under subsection (c).”</content> </subsection> </section> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Item 204 in the table of contents of such Act is amended to read as follows: <toc> <referenceItem role="section"><designator>“Sec. 204. </designator><label>Review and evaluation.”</label></referenceItem> </toc> </content> </subsection> </section> </section> <section> <heading class="smallCaps centered">continuing study of additional budget reform proposals</heading> <section class="firstIndent1 fontsize10"> <num value="703"><inline class="smallCaps">Sec</inline>. 703. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Committees on the Budget of the House of Representatives <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1303">31 USC 1303</ref>.</p></sidenote> and the Senate shall study on a continuing basis proposals designed to improve and facilitate methods of congressional budget-making. The proposals to be studied shall include, but are not limited to, proposals for—</chapeau> <page identifier="/us/stat/88/327">88 <inline class="smallCaps">Stat</inline>. 327</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">improving the information base required for determining the effectiveness of new programs by such means as pilot testing, survey research, and other experimental and analytical techniques;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">improving analytical and systematic evaluation of the effectiveness of existing programs;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">establishing maximum and minimum time limitations for program authorization; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">developing techniques of human resource accounting and other means of providing noneconomic as well as economic evaluation measures.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Committee on the Budget of each House shall, from time <sidenote><p class="firstIndent1 fontsize8">Periodic reports to Congress.</p></sidenote> to time, report to its House the results of the study carried on by it under subsection (a) , together with its recommendations.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Nothing in this section shall preclude studies to improve the budgetary process by any other committee of the House of Representatives or the Senate or any joint committee of the Congress.</content> </subsection> </section> </section> <num value="VIII">TITLE VIII—</num> <heading class="inline">FISCAL AND BUDGETARY INFORMATION AND CONTROLS</heading> <section> <heading class="smallCaps centered">amendment to legislative reorganization act of 1970</heading> <section class="firstIndent1 fontsize10"> <num value="801"><inline class="smallCaps">Sec</inline>. 801. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">So much of title II of the Legislative Reorganization Act of 1970 (31 U.S.C. chapter 22) as precedes section 204 thereof is amended to read as follows: <quotedContent> <title> <num value="II">“TITLE II—</num> <heading class="inline">FISCAL AND BUDGETARY INFORMATION AND CONTROLS</heading> <part> <num value="1">“<inline class="smallCaps">Part 1</inline>—</num> <heading class="inline"><inline class="smallCaps">Fiscal, Budgetary, and Program-Related Data and Information</inline></heading> <section> <heading class="smallCaps centered">“federal fiscal, budgetary, and program-related data and information systems</heading> <section class="firstIndent1 fontsize10"> <num value="201">“<inline class="smallCaps">Sec</inline>. 201. </num> <content class="inline">The Secretary of the Treasury and the Director of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1151">31 USC 1151</ref>.</p></sidenote> Office of Management and Budget, in cooperation with the Comptroller General of the United States, shall develop, establish, and maintain, for use by all Federal agencies, standardized data processing and information systems for fiscal, budgetary, and program-related data and information. The development, establishment, and maintenance of such systems shall be carried out so as to meet the needs of the various branches of the Federal Government and, insofar as practicable, of governments at the State and local level.</content> </section> </section> <section> <heading class="smallCaps centered">“standardization of terminology, definitions, classifications, and codes for fiscal, budgetary, and program-related data and information</heading> <section class="firstIndent1 fontsize10"> <num value="202">“<inline class="smallCaps">Sec</inline>. 202. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Comptroller General of the United States, in <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1152">31 USC 1152</ref>.</p></sidenote> cooperation with the Secretary of the Treasury, the Director of the Office of Management and Budget, and the Director of the Congressional Budget Office, shall develop, establish, maintain, and publish standard terminology, definitions, classifications, and codes for Federal fiscal, budgetary, and program-related data and information. The authority contained in this section shall include, but not be limited to, data and information pertaining to Federal fiscal policy, revenues,<page identifier="/us/stat/88/328">88 <inline class="smallCaps">Stat</inline>. 328</page> receipts, expenditures, functions, programs, projects, and activities. Such standard terms, definitions, classifications, and codes shall be used by all Federal agencies in supplying to the Congress fiscal, budgetary, and program-related data and information.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The Comptroller General shall submit to the Congress, on or<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> before June 30, 1975, a report containing the initial standard terminology, definitions, classifications, and codes referred to in paragraph (1), and shall recommend any legislation necessary to implement them. After June 30, 1975, the Comptroller General shall submit to the Congress <sidenote><p class="firstIndent1 fontsize8">Additional reports to Congress; legislation recommendations.</p></sidenote> additional reports as he may think advisable, including any recommendations for any legislation he may deem necessary to further the development, establishment, and maintenance, modification, and executive implementation of such standard terminology, definitions, classifications, and codes.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">In carrying out this responsibility, the Comptroller General of the United States shall give particular consideration to the needs of the Committees on the Budget of the House and Senate, the Committees on Appropriations of the House and Senate, the Committee on Ways and Means of the House, the Committee on Finance of the Senate, and the Congressional Budget Office.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The Comptroller General of the United States shall conduct a continuing program to identify and specify the needs of the committees and Members of the Congress for fiscal, budgetary, and program-related information to support the objectives of this part.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">The Comptroller General shall assist committees in developing their information needs, including such needs expressed in legislative requirements, and shall monitor the various recurring reporting requirements of the Congress and committees and make recommendations to the Congress and committees for changes and improvements in their reporting requirements to meet congressional information needs ascertained by the Comptroller General, to enhance their usefulness to the congressional users and to eliminate duplicative or unneeded reporting.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content class="inline">On or before September 1, 1974, and each year thereafter, the<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> Comptroller General shall report to the Congress on needs identified and specified under subsection (c) ; the relationship of these needs to the existing reporting requirements; the extent to which the executive branch reporting presently meets the identified needs; the specification of changes to standard classifications needed to meet congressional needs; the activities, progress and results of his activities under subsection (d) ; and the progress that the executive branch has made during the past year.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <content class="inline">On or before March 1, 1975, and each year thereafter, the<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> Director of the Office of Management and Budget and the Secretary of the Treasury shall report to the Congress on their plans for addressing the needs identified and specified under subsection (c), including plans for implementing changes to classifications and codes to meet the information needs of the Congress as well as the status of prior year system and classification implementations.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“availability to and use by the congress and state and local governments of federal fiscal, budgetary, and program-related data and information</heading> <section class="firstIndent1 fontsize10"> <num value="203">“<inline class="smallCaps">Sec</inline>. 203. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Upon request of any committee of either House, of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1153">31 USC 1153</ref>.</p></sidenote> any joint committee of the two Houses, of the Comptroller General, or of the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the heads of the various executive agencies shall—</chapeau> <page identifier="/us/stat/88/329">88 <inline class="smallCaps">Stat</inline>. 329</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">furnish to such committee or joint committee, the Comptroller General, or the Director of the Congressional Budget Office information as to the location and nature of available fiscal, budgetary, and program-related data and information;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">to the extent practicable, prepare summary tables of such data and information and any related information deemed necessary by such committee or joint committee, the Comptroller General, or the Director of the Congressional Budget Office; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">furnish to such committee or joint committee, the Comptroller General, or the Director of the Congressional Budget Office any program evaluations conducted or commissioned by any executive agency.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">The Comptroller General, in cooperation with the Director of the Congressional Budget Office, the Secretary of the Treasury, and the Director of the Office of Management and Budget, shall—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">develop, establish, and maintain an up-to-date inventory and directory of sources and information systems containing fiscal, budgetary, and program-related data and information and a brief description of their content;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">provide, upon request, assistance to committees, joint committees, and Members of Congress in securing Federal fiscal, budgetary, and program-related data and information from the sources identified in such inventory and directory; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">furnish, upon request, assistance to committees and joint committees of Congress and, to the extent practicable, to Members of Congress in appraising and analyzing fiscal, budgetary, and program-related data and information secured from the sources identified in such inventory and directory,</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The Comptroller General and the Director of the Congressional <sidenote><p class="firstIndent1 fontsize8">Central data files, development.</p></sidenote> Budget Office shall, to the extent they deem necessary, develop, establish, and maintain a central file or files of the data and information required to carry out the purposes of this title. Such a file or files shall be established to meet recurring requirements of the Congress for fiscal, budgetary, and program-related data and information and shall include, but not be limited to, data and information pertaining to budget requests, congressional authorizations to obligate and spend, apportionment and reserve actions, and obligations and expenditures. Such file or files and their indexes shall be maintained in such a manner as to facilitate their use by the committees of both Houses, joint committees, and other congressional agencies through modern data processing and communications techniques.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">The Director of the Office of Management and Budget, in <sidenote><p class="firstIndent1 fontsize8">Information to State and local governments.</p></sidenote> cooperation with the Director of the Congressional Budget Office, the Comptroller General, and appropriate representatives of State and local governments, shall provide, to the extent practicable, State and local governments such fiscal, budgetary, and program-related data and information as may be necessary for the accurate and timely determination by these governments of the impact of Federal assistance upon their budgets.”</content> </subsection> </section> </section> </part> (b) The table of contents of the Legislative Reorganization Act of 1970 is amended by striking out— “TITLE II— “Part 1— “Sec. 201. “Sec. 202. “Sec. 203.

and inserting in lieu thereof—

88 Stat. 330 “TITLE II— “Part 1— “Sec. 201. “Sec. 202. “Sec. 203.
changes in functional categories
Sec. 802. Any change in the functional categories set forth in the

31 USC 11d.

 Budget of the United States Government transmitted pursuant to section 201 of the Budget and Accounting Act, 1921, shall be made

Ante, p. 324.

 only in consultation with the Committees on Appropriations and the Budget of the House of Representatives and Senate.
<num value="IX">TITLE IX—</num> <heading class="inline">MISCELLANEOUS PROVISIONS; EFFECTIVE DATES</heading> <section> <heading class="smallCaps centered">amendments to rules of the house</heading> <section class="firstIndent1 fontsize10"> <num value="901"><inline class="smallCaps">Sec</inline>. 901. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Rule XI of the Rules of the House of Representatives (as amended by section 101(c) of this Act) is amended by inserting<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 299.</p></sidenote> immediately after clause 22 the following new clause: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="22A">“22A. </num> <content class="inline">The respective areas of legislative jurisdiction under this rule are modified by title I of the Congressional Budget Act of 1974.”</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Paragraph (c) of clause 29 of Rule XI of the Rules of the House of Representatives (as redesignated by section 101(c) of this Act) is amended by inserting “<quotedText>the Committee on the Budget,</quotedText>” immediately after “the Committee on Appropriations,”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Subparagraph (6) of paragraph (a) of clause 30 of Rule XI of the Rules of the House of Representatives (as so redesignated) is amended by inserting “<quotedText>and the Committee on the Budget</quotedText>” immediately before the period at the end thereof.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Subparagraph (4) of paragraph (b) of clause 30 of Rule XI of the Rules of the House of Representatives (as so redesignated) is amended by inserting “<quotedText>and the Committee on the Budget</quotedText>” immediately before the period at the end hereof.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">Paragraph (d) of clause 30 of Rule XI of the Rules of the House of Representatives (as so redesignated) is amended by striking out “<quotedText>the Committee on Appropriations may appoint</quotedText>” and inserting in lieu thereof “<quotedText>the Committee on Appropriations and the Committee on the Budget may each appoint</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <content class="inline">Clause 32 of Rule XI of the Rules of the House of Representatives (as so redesignated) is amended by inserting “<quotedText>the Committee on the Budget,</quotedText>” immediately after “<quotedText>the Committee on Appropriations,</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">(g) </num> <content class="inline">Paragraph (a) of clause 33 of Rule X I of the Rules of the House of Representatives (as so redesignated) is amended by inserting “<quotedText>and the Committee on the Budget</quotedText>” immediately after “<quotedText>the Committee on Appropriations</quotedText>”.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">conforming amendments to standing rules of the senate</heading> <section class="firstIndent1 fontsize10"> <num value="902"><inline class="smallCaps">Sec</inline>. 902. </num> <chapeau class="inline">Paragraph 1 of rule XXV of the Standing Rules of the Senate is amended—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by striking out “<quotedText>Revenue</quotedText>” in subparagraph (h)1 and inserting in lieu thereof “<quotedText>Except as provided in the Congressional Budget Act of 1974, revenue</quotedText>”;</content> </paragraph> <page identifier="/us/stat/88/331">88 <inline class="smallCaps">Stat</inline>. 331</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out “<quotedText>The</quotedText>” in subparagraph (h)2 and inserting in lieu thereof “<quotedText>Except as provided in the Congressional Budget Act of 1974, the</quotedText>”; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">by striking out “<quotedText>Budget</quotedText>” in subparagraph (j) (1) (A) and inserting in lieu thereof “<quotedText>Except as provided in the Congressional Budget Act of 1974, budget</quotedText>”.</content> </paragraph> </section> </section> <section> <heading class="smallCaps centered">amendments to legislative reorganization act of 1946</heading> <section class="firstIndent1 fontsize10"> <num value="903"><inline class="smallCaps">Sec</inline>. 903. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 134(c) of the Legislative Reorganization Act of 1946 (2 U.S.C. 190b (b)) is amended by inserting “<quotedText>or the Committee on the Budget</quotedText>” after “Appropriations”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Section 136(c) of such Act (2 U.S.C. 190d(c)) is amended by striking out “<quotedText>Committee on Appropriations of the Senate and the Committees on Appropriations,</quotedText>” and inserting in lieu thereof “Committees on Appropriations and the Budget of the Senate and the Committees on Appropriations, the Budget,”.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">exercise of rulemaking powers</heading> <section class="firstIndent1 fontsize10"> <num value="904"><inline class="smallCaps">Sec</inline>. 904. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The provisions of this title (except section 905) and of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1301">31 USC 1301 note</ref>.</p></sidenote> titles I, III, and IV and the provisions of sections 606, 701, 703, and 1017 are enacted by the Congress—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Any provision of title III or IV may be waived or suspended <sidenote><p class="firstIndent1 fontsize8">Waiver.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 306, 317.</p></sidenote> in the Senate by a majority vote of the Members voting, a quorum being present, or by the unanimous consent of the Senate.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Appeals in the Senate from the decisions of the Chair relating <sidenote><p class="firstIndent1 fontsize8">Appeals.</p></sidenote> to any provision of title III or IV or section 1017 shall, except as otherwise provided therein, be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, concurrent resolution, reconciliation bill, or rescission bill, as the case may be.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">effective dates</heading> <section class="firstIndent1 fontsize10"> <num value="905"><inline class="smallCaps">Sec</inline>. 905. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Except as provided in this section, the provisions of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1301">31 USC 1301 note</ref>.</p></sidenote> this Act shall take effect on the date of its enactment,</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Title II (except section 201 (a)), section 403, and section 502(c) shall take effect on the day on which the first Director of the Congressional Budget Office is appointed under section 201 (a).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Except as provided in section 906, title III and section 402 shall apply with respect to the fiscal year beginning on October 1, 1976, and succeeding fiscal years, and section 401 shall take effect on the first day of the second regular session of the Ninety-fourth Congress.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">The amendments to the Budget and Accounting Act, 1921, made by sections 601, 603, and 604 shall apply with respect to the fiscal year <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1">31 USC 1</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 323.</p></sidenote> beginning on July 1, 1975, and succeeding fiscal years, except that section 201(g) of such Act (as added by section 601) shall apply with respect to the fiscal year beginning on October 1, 1976, and succeeding fiscal years and section 201 (i) of such Act (as added by section 601)<page identifier="/us/stat/88/332">88 <inline class="smallCaps">Stat</inline>. 332</page> shall apply with respect to the fiscal year beginning on October 1, 1978, and succeeding fiscal years. The amendment to such Act made by section 602 shall apply with respect to the fiscal year beginning on October 1, 1976, and succeeding fiscal years.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">application of congressional budget process to fiscal year 1976</heading> <section class="firstIndent1 fontsize10"> <num value="906"><inline class="smallCaps">Sec</inline>. 906. </num> <content class="inline">If the Committees on the Budget of the House of Representatives <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1322">31 USC 1322 note</ref>.</p></sidenote> and the Senate both agree that it is feasible to report and act on a concurrent resolution on the budget referred to in section 301 (a), or to apply any provision of title III or section 401 or 402, for the<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 306, 317.</p></sidenote> fiscal year beginning on July 1, 1975, and submit reports of such agreement to their respective Houses, then to the extent and in the manner specified in such reports, the provisions so specified and section 202(f)<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 304.</p></sidenote> shall apply with respect to such fiscal year. If any provision so specified contains a date, such reports shall also specify a substitute date.</content> </section> </section> <num value="X">TITLE X—</num> <heading class="inline">IMPOUNDMENT CONTROL</heading> <sidenote><p class="firstIndent1 fontsize8">Impoundment Control Act of 1974.</p></sidenote> <part> <num value="A"><inline class="smallCaps">Part A</inline>—</num> <heading class="inline"><inline class="smallCaps">General Provisions</inline></heading> <section> <heading class="smallCaps centered">disclaimer</heading> <section class="firstIndent1 fontsize10"> <num value="1001"><inline class="smallCaps">Sec</inline>. 1001. </num> <chapeau class="inline">Nothing contained in this Act, or in any amendments made<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1400">31 USC 1400</ref>.</p></sidenote> by this Act, shall be construed as—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">asserting or conceding the constitutional powers or limitations of either the Congress or the President;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">ratifying or approving any impoundment heretofore or hereafter executed or approved by the President or any other Federal officer or employee, except insofar as pursuant to statutory authorization then in effect;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">affecting in any way the claims or defenses of any party to litigation concerning any impoundment; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">superseding any provision of law which requires the obligation of budget authority or the making of outlays thereunder.</content> </paragraph> </section> </section> <section> <heading class="smallCaps centered">amendment to antideficiency act</heading> <section class="firstIndent1 fontsize10"> <num value="1002"><inline class="smallCaps">Sec</inline>. 1002. </num> <content class="inline">Section 3679(c) (2) of the Revised Statutes, as amended<sidenote><p class="firstIndent1 fontsize8">Contingency or savings reserves, establishment.</p></sidenote> (31 U.S.C. 665), is amended to read as follows: <quotedContent> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">In apportioning any appropriation, reserves may be established solely to provide for contingencies, or to effect savings whenever savings are made possible by or through changes in requirements or greater efficiency of operations. Whenever it is determined by an officer designated in subsection (d) of this section to make apportionments and reapportionments that any amount so reserved will not be required to carry out the full objectives and scope of the appropriation concerned, he shall recommend the rescission of such amount in the manner provided in the Budget and Accounting Act, 1921, for estimates <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1">31 USC 1</ref>.</p></sidenote> of appropriations. Except as specifically provided by particular appropriations Acts or other laws, no reserves shall be established other than as authorized by this subsection. Reserves established pursuant to this subsection shall be reported to the Congress in accordance with the Impoundment Control Act of 1974.”</content> </paragraph> </quotedContent> </content> </section> </section> <section> <heading class="smallCaps centered">repeal of existing impoundment reporting provision</heading> <section class="firstIndent1 fontsize10"> <num value="1003"><inline class="smallCaps">Sec</inline>. 1003. </num> <content class="inline">Section 203 of the Budget and Accounting Procedures Act of 1950 is repealed.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s581c–1">31 USC 581c–1</ref>.</p></sidenote></content> </section> </section> </part> <page identifier="/us/stat/88/333">88 <inline class="smallCaps">Stat</inline>. 333</page> <part> <num value="B"><inline class="smallCaps">Part B</inline>—</num> <heading class="inline"><inline class="smallCaps">Congressional Consideration of Proposed Rescissions, Reservations, and Deferrals of Budget Authority</inline></heading> <section> <heading class="smallCaps centered">definitions</heading> <section class="firstIndent1 fontsize10"> <num value="1011"><inline class="smallCaps">Sec</inline>. 1011. </num> <chapeau class="inline">For purposes of this part—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1401">31 USC 1401</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">“deferral of budget authority” includes—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">withholding or delaying the obligation or expenditure of budget authority (whether by establishing reserves or otherwise) provided for projects or activities; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">any other type of Executive action or inaction which effectively precludes the obligation or expenditure of budget authority, including authority to obligate by contract in advance of appropriations as specifically authorized by law;</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">“Comptroller General” means the Comptroller General of the United States;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">“rescission bill” means a bill or joint resolution which only rescinds, in whole or in part, budget authority proposed to be rescinded in a special message transmitted by the President under section 1012, and upon which the Congress completes action before the end of the first period of 45 calendar days of continuous session of the Congress after the date on which the President’s message is received by the Congress;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">“impoundment resolution” means a resolution of the House of Representatives or the Senate which only expresses its disapproval of a proposed deferral of budget authority set forth in a special message transmitted by the President under section 1013; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">continuity of a session of the Congress shall be considered <sidenote><p class="firstIndent1 fontsize8">Congressional session continuity.</p></sidenote> as broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain shall be excluded in the computation of the 45-day period referred to in paragraph (3) of this section and in section 1012, and the 25-day periods referred to in sections 1016 and 1017(b) (1). If a special message is transmitted under section 1012 during any Congress and the last session of such Congress adjourns sine die before the expiration of 45 calendar days of continuous session (or a special message is so transmitted after the last session of the Congress adjourns sine die), the message shall be deemed to have been retransmitted on the first day of the succeeding Congress and the 45-day period referred to in paragraph (3) of this section and in section 1012 (with respect to such message) shall commence on the day after such first day.</content> </paragraph> </section> </section> <section> <heading class="smallCaps centered">rescission of budget authority</heading> <section class="firstIndent1 fontsize10"> <num value="1012"><inline class="smallCaps">Sec</inline>. 1012. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Transmittal of Special Message</inline>.—</heading> <chapeau class="inline">Whenever the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1402">31 USC 1402</ref>.</p></sidenote> President determines that all or part of any budget authority will not be required to carry out the full objectives or scope of programs for which it is provided or that such budget authority should be rescinded for fiscal policy or other reasons (including the termination of authorized projects or activities for which budget authority has been provided), or whenever all or part of budget authority provided for only one fiscal year is to be reserved from obligation for such fiscal year, the President shall transmit to both Houses of Congress a special message specifying—</chapeau> <page identifier="/us/stat/88/334">88 <inline class="smallCaps">Stat</inline>. 334</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the amount of budget authority which he proposes to be rescinded or which is to be so reserved;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific project or governmental functions involved;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the reasons why the budget authority should be rescinded or is to be so reserved;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the proposed rescission or of the reservation; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">all facts, circumstances, and considerations relating to or bearing upon the proposed rescission or the reservation and the decision to effect the proposed rescission or the reservation, and to the maximum extent practicable, the estimated effect of the proposed rescission or the reservation upon the objects, purposes, and programs for which the budget authority is provided.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Requirement to Make Available for Obligation</inline>.—</heading> <content class="inline">Any amount of budget authority proposed to be rescinded or that is to be reserved as set forth in such special message shall be made available for obligation unless, within the prescribed 45-day period, the Congress has completed action on a rescission bill rescinding all or part of the amount proposed to be rescinded or that is to be reserved.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">disapproval of proposed deferrals of budget authority</heading> <section class="firstIndent1 fontsize10"> <num value="1013"><inline class="smallCaps">Sec</inline>. 1013. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Transmittal of Special Message</inline>.—</heading> <chapeau class="inline">Whenever the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1403">31 USC 1403</ref>.</p></sidenote> President, the Director of the Office of Management and Budget, the head of any department or agency of the United States, or any officer or employee of the United States proposes to defer any budget authority provided for a specific purpose or project, the President shall transmit to the House of Representatives and the Senate a special message specifying—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the amount of the budget authority proposed to be deferred;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific projects or governmental functions involved;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the period of time during which the budget authority is proposed to be deferred;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the reasons for the proposed deferral, including any legal authority invoked by him to justify the proposed deferral;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the proposed deferral; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">all facts, circumstances, and considerations relating to or bearing upon the proposed deferral and the decision to effect the proposed deferral, including an analysis of such facts, circumstances, and considerations in terms of their application to any legal authority and specific elements of legal authority invoked by him to justify such proposed deferral, and to the maximum extent practicable, the estimated effect of the proposed deferral upon the objects, purposes, and programs for which the budget authority is provided.</content> </paragraph> <continuation class="inline">A special message may include one or more proposed deferrals of budget authority. A deferral may not be proposed for any period of<sidenote><p class="firstIndent1 fontsize8">Time limitation.</p></sidenote> time extending beyond the end of the fiscal year in which the special message proposing the deferral is transmitted to the House and the Senate.</continuation> </subsection> <page identifier="/us/stat/88/335">88 <inline class="smallCaps">Stat</inline>. 335</page> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Requirement to Make Available for Obligation</inline>.—</heading> <content class="inline">Any amount of budget authority proposed to be deferred, as set forth in a special message transmitted under subsection (a) , shall be made available for obligation if either House of Congress passes an impoundment resolution disapproving such proposed deferral.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Exception</inline>.—</heading> <content class="inline">The provisions of this section do not apply to any budget authority proposed to be rescinded or that is to be reserved as set forth in a special message required to be transmitted under section 1012.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">transmission of messages; publication</heading> <section class="firstIndent1 fontsize10"> <num value="1014"><inline class="smallCaps">Sec</inline>. 1014. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Delivery to House and Senate</inline>.—</heading> <content class="inline">Each special message <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1404">31 USC 1404</ref>.</p></sidenote> transmitted under section 1012 or 1013 shall be transmitted to the House of Representatives and the Senate on the same day, and shall be delivered to the Clerk of the House of Representatives if the House is not in session, and to the Secretary of the Senate if the Senate is not in session. Each<sidenote><p class="firstIndent1 fontsize8">Printing as House or Senate document.</p><p class="firstIndent1 fontsize8">Copy.</p></sidenote> special message so transmitted shall be referred to the appropriate committee of the House of Representatives and the Senate. Each such message shall be printed as a document of each </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Delivery to Comptroller General</inline>.—</heading> <chapeau class="inline">A copy of each special message transmitted under section 1012 or 1013 shall be transmitted to the Comptroller General on the same day it is transmitted to the House of Representatives and the Senate. In order to assist the Congress in the exercise of its functions under sections 1012 and 1013, the Comptroller General shall review each such message and inform the House of Representatives and the Senate as promptly as practicable with respect <sidenote><p class="firstIndent1 fontsize8">Review.</p></sidenote> to—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">in the case of a special message transmitted under section 1012, the facts surrounding the proposed rescission or the reservation of budget authority (including the probable effects thereof); and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">in the case of a special message transmitted under section 1013, (A) the facts surrounding each proposed deferral of budget authority (including the probable effects thereof) and (B) whether or not (or to what extent), in his judgment, such proposed deferral is in accordance with existing statutory authority.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Transmission of Supplementary Messages</inline>.—</heading> <content class="inline">If any information contained in a special message transmitted under section 1012 or 1013 is subsequently revised, the President shall transmit to both Houses of Congress and the Comptroller General a supplementary message stating and explaining such revision. Any such supplementary message shall be delivered, referred, and printed as provided in subsection (a) . The Comptroller General shall promptly notify the <sidenote><p class="firstIndent1 fontsize8">Notification of Congress.</p></sidenote> House of Representatives and the Senate of any changes in the information submitted by him under subsection (b) which may be necessitated by such revision.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Printing in Federal Register</inline>.—</heading> <content class="inline">Any special message transmitted under section 1012 or 1013, and any supplementary message transmitted under subsection (c), shall be printed in the first issue of the Federal Register published after such transmittal.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Cumulative Reports or Proposed Rescissions, Reservations, and Deferrals of Budget Authority</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">The President shall submit a report to the House of Representatives and the Senate, not later than the 10th day of each month during a fiscal year, listing all budget authority for that fiscal year with respect to which, as of the first day of such month—</chapeau> <page identifier="/us/stat/88/336">88 <inline class="smallCaps">Stat</inline>. 336</page> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">he has transmitted a special message under section 1012 with respect to a proposed rescission or a reservation; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">he has transmitted a special message under section 1013 proposing a deferral.</content> </subparagraph> <continuation class="inline">Such report shall also contain, with respect to each such proposed rescission or deferral, or each such reservation, the information required to be submitted in the special message with respect thereto under section 1012 or 1013.</continuation> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Each report submitted under paragraph (1) shall be<sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> printed in the first issue of the Federal Register published after its submission.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">reports by comptroller general</heading> <section class="firstIndent1 fontsize10"> <num value="1015"><inline class="smallCaps">Sec</inline>. 1015. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Failure to Transmit Special Message</inline>.—</heading> <chapeau class="inline">If the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1405">31 USC 1405</ref>.</p></sidenote> Comptroller General finds that the President, the Director of the Office of Management and Budget, the head of any department or agency of the United States, or any other officer or employee of the United States—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">is to establish a reserve or proposes to defer budget authority with respect to which the President is required to transmit a special message under section 1012 or 1013; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">has ordered, permitted, or approved the establishment of such a reserve or a deferral of budget authority;</content> </paragraph> <continuation class="inline">and that the President has failed to transmit a special message with respect to such reserve or deferral, the Comptroller General shall<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> make a report on such reserve or deferral and any available information concerning it to both Houses of Congress. The provisions of this part shall apply with respect to such reserve or deferral in the same manner and with the same effect as if such report of the Comptroller General were a special message transmitted by the President under section 1012 or 1013, and, for purposes of this part, such report shall be considered a special message transmitted under section 1012 or 1013.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Incorrect Classification or Special Message</inline>.—</heading> <content class="inline">If the President has transmitted a special message to both Houses of Congress in accordance with section 1012 or 1013, and the Comptroller General believes that the President so transmitted the special message in accordance with one of those sections when the special message should have been transmitted in accordance with the other of those sections, the Comptroller General shall make a report to both Houses of the<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> Congress setting forth his reasons.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">suits by comptroller general</heading> <section class="firstIndent1 fontsize10"> <num value="1016"><inline class="smallCaps">Sec</inline>. 1016. </num> <content class="inline">If, under section 1012(b) or 1013(b), budget authority is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1406">31 USC 1406</ref>.</p></sidenote> required to be made available for obligation and such budget authority is not made available for obligation, the Comptroller General is hereby expressly empowered, through attorneys of his own selection, to bring a civil action in the United States District Court for the District of Columbia to require such budget authority to be made available for obligation, and such court is hereby expressly empowered to enter in such civil action, against any department, agency, officer, or employee of the United States, any decree, judgment, or order which may be necessary or appropriate to make such budget authority available for obligation. The courts shall give precedence to civil actions brought<sidenote><p class="firstIndent1 fontsize8">Precedence.</p></sidenote> under this section, and to appeals and writs from decisions in such<page identifier="/us/stat/88/337">88 <inline class="smallCaps">Stat</inline>. 337</page> actions, over all other civil actions, appeals, and writs. No civil action <sidenote><p class="firstIndent1 fontsize8">Civil actions; 25-day waiting period.</p></sidenote> shall be brought by the Comptroller General under this section until the expiration of 25 calendar days of continuous session of the Congress following the date on which an explanatory statement by the <sidenote><p class="firstIndent1 fontsize8">Statement, filing.</p></sidenote> Comptroller General of the circumstances giving rise to the action contemplated has been filed with the Speaker of the House of Representatives and the President of the Senate.</content> </section> </section> <section> <heading class="smallCaps centered">procedure in house and senate</heading> <section class="firstIndent1 fontsize10"> <num value="1017"><inline class="smallCaps">Sec</inline>. 1017. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Referral</inline>.—</heading> <content class="inline">Any rescission bill introduced with <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1407">31 USC 1407</ref>.</p></sidenote> respect to a special message or impoundment resolution introduced with respect to a proposed deferral of budget authority shall be referred to the appropriate committee of the House of Representatives or the Senate, as the case may be.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Discharge of Committee</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">If the committee to which a rescission bill or impoundment resolution has been referred has not reported it at the end of 25 calendar days of continuous session of the Congress after its introduction, it is in order to move either to discharge the committee from further consideration of the bill or resolution or to discharge the committee from further consideration of any other rescission bill with respect to the same special message or impoundment resolution with respect to the same proposed deferral, as the case may be, which has been referred to the committee.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">A motion to discharge may be made only by an individual favoring the bill or resolution, may be made only if supported by one-fifth of the Members of the House involved (a quorum being present), and is highly privileged in the House and privileged in the Senate (except that it may not be made after the committee has reported a bill or resolution with respect to the same special message or the same proposed deferral, as the case may be) ; and debate thereon shall be limited to not more than 1 hour, the time to be divided in the House equally between those favoring and those opposing the bill or resolution, and to be divided in the Senate equally between, and controlled by, the majority leader and the minority leader or their designees. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Floor Consideration in the House</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">When the committee of the House of Representatives has reported, or has been discharged from further consideration of, a rescission bill or impoundment resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the bill or resolution. The motion shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Debate on a rescission bill or impoundment resolution shall <sidenote><p class="firstIndent1 fontsize8">Debate, time limitation.</p></sidenote> be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the bill or resolution. A motion further to limit debate shall not be debatable. In the case of an impoundment resolution, no amendment to, or motion to recommit, the resolution shall be in order. It shall not be in order to move to reconsider the vote by which a recission bill or impoundment resolution is agreed to or disagreed to.</content> </paragraph> <page identifier="/us/stat/88/338">88 <inline class="smallCaps">Stat</inline>. 338</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Motions to postpone, made with respect to the consideration <sidenote><p class="firstIndent1 fontsize8">Postponement motions.</p></sidenote> of a rescission bill or impoundment resolution, and motions to proceed to the consideration of other business, shall be decided without debate.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">All appeals from the decisions of the Chair relating to<sidenote><p class="firstIndent1 fontsize8">Appeals.</p></sidenote> the application of the Rules of the House of Representatives to the procedure relating to any rescission bill or impoundment resolution shall be decided without debate.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any rescission bill or impoundment resolution and amendments thereto (or any conference report thereon) shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions, amendments, and conference reports in similar circumstances.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading class="inline">Floor Consideration in the Senate.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Debate in the Senate on any rescission bill or impoundment<sidenote><p class="firstIndent1 fontsize8">Debate, time limitation.</p></sidenote> resolution, and all amendments thereto (in the case of a rescission bill) and debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Debate in the Senate on any amendment to a rescission bill shall be limited to 2 hours, to be equally divided between, and controlled by, the mover and the manager of the bill. Debate on any amendment to an amendment, to such a bill, and debate on any debatable motion or appeal in connection with such a bill or an impoundment resolution shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or resolution, except that in the event the manager of the bill or resolution is in favor of any such amendment, motion, or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. No amendment that is not germane to the provisions of a rescission bill shall be received. Such leaders, or either of them, may, from the time under their control on the passage of a rescission bill or impoundment resolution, allot additional time to any Senator during the consideration of any amendment, debatable motion, or appeal.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">A motion to further limit debate is not debatable. In the case of a rescission bill, a motion to recommit (except a motion to recommit with instructions to report back within a specified number of days, not to exceed 3, not counting any day on which the Senate is not in session) is not in order. Debate on any such motion to recommit shall be limited to one hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution. In the case of an impoundment resolution, no amendment or motion to recommit is in order.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">The conference report on any rescission bill shall be in<sidenote><p class="firstIndent1 fontsize8">Conference reports.</p></sidenote> order in the Senate at any time after the third day (excluding Saturdays, Sundays, and legal holidays) following the day on which such a conference report is reported and is available to Members of the Senate. A motion to proceed to the consideration of the conference report may be made even though a previous motion to the same effect has been disagreed to.</content> </paragraph> <page identifier="/us/stat/88/339">88 <inline class="smallCaps">Stat</inline>. 339</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">During the consideration in the Senate of the conference <sidenote><p class="firstIndent1 fontsize8">Debate, time limitation.</p></sidenote> report on any rescission bill, debate shall be limited to 2 hours, to be equally divided between, and controlled by, the majority leader and minority leader or their designees. Debate on any debatable motion or appeal related to the conference report shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">Should the conference report be defeated, debate on any request for a new conference and the appointment of conferees shall be limited to one hour, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee, and should any motion be made to instruct the conferees before the conferees are named, debate on such motion shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. Debate on any amendment to any such instructions shall be limited to 20 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. In all cases when the manager of the conference report is in favor of any motion, appeal, or amendment, the time in opposition shall be under the control of the minority leader or his designee.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">In any case in which there are amendments in disagreement, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment that is not germane to the provisions of such amendments shall be received.</content> </paragraph> </subsection> </section> </section> </part> Approved July 12, 1974.
Public Law 93–345: To amend the Act of October 15, 1966 (80 Stat. 953, 20 U.S.C. 65a), relating to the National Museum of the Smithsonian Institution, so as to authorize additional appropriations to the Smithsonian Institution for carrying out the purposes of said Act. Public Law 345 88 Stat. 339 1974-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–345
An Act To amend the Act of October 15, 1966 (80 Stat. 953, 20 U.S.C. 65a), relating to the National Museum of the Smithsonian Institution, so as to authorize additional appropriations to the Smithsonian Institution for carrying out the purposes of said Act.

July 12, 1974

[S. 2137]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 2 (a) (4)

Smithsonian institution.

Appropriation authorization.

 of the National Museum Act of 1966 (20 U.S.C. 65a) is amended by inserting immediately before the semicolon the following: “, with emphasis on museum conservation and the development of a national institute for museum conservation”.
Sec. 2. Section 2(b) of such Act is amended to read as follows: “(b) There are authorized to be appropriated to the Smithsonian Institution such sums as may be necessary to carry out the purposes of this Act: Provided, That no more than $1,000,000 shall be appropriated annually through fiscal year 1977, of which no less than $200,000 annually shall be allocated and used to carry out the purposes of section 2(a) (4) of this Act.”.
Approved July 12, 1974.
Public Law 93–346: Designating the premises occupied by the Chief of Naval Operations as the official residence of the Vice President, effective upon the termination of service of the incumbent Chief of Naval Operations. Public Law 346 88 Stat. 340 1974-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 340 Public Law 93–346
Joint Resolution Designating the premises occupied by the Chief of Naval Operations as the official residence of the Vice President, effective upon the termination of service of the incumbent Chief of Naval Operations.

July 12, 1974

[S. J. Res. 202]

 Resolved by the Senate and House of Representatives of the United of the United States of America in Congress assembled,
That, effective upon termination

Vice President States.

Official temporary residence, designation.

3 USC 111 note.

 of service by the incumbent in the office of Chief of Naval Operations, Department of the Navy, the Government-owned house together with furnishings, associated grounds and related facilities which are and have been used as the residence of the Chief of Naval Operations, shall thenceforth be available for, and shall be designated as, the official temporary residence of the Vice President of the United States.
Sec. 2. As in the case of the White House, the official temporary

3 USC 111 note.

 residence of the Vice President shall be adequately staffed and provided with such appropriate equipment, furnishings, dining facilities, services, and other provisions as may be required, under the supervision and direction of the Vice President, to enable him to perform and discharge appropriately the duties, functions, and obligations associated with his high office.
Sec. 3. The Secretary of the Navy shall, subject to the supervision

Staffing and maintenance by Secretary of Navy.

3 USC 111 note.

 and control of the Vice President, provide for the staffing, care, maintenance, repair, improvement, alteration, and furnishing of the official residence and grounds of the Vice President.
Sec. 4. There is hereby authorized to be appropriated such sums as

Appropriation.

3 USC 111 note.

 may be necessary from time to time to carry out the foregoing purposes. During any interim period until and before such funds are so appropriated, the Department of the Navy shall make provision for staffing and other appropriate services in connection with the official temporary residence of the Vice President, subject to reimbursement therefor Out of any contingency funds available to the Executive.
Sec. 5. It is the sense of Congress that living accommodations,

Chief of Naval Operations, living accommodations.

3 USC 111 note.

 generally equivalent to those available to the highest ranking officer on active duty in each of the other military services, should be provided for the Chief of Naval Operations.
Approved July 12, 1974.
Public Law 93–347: To continue domestic food assistance programs, and for other purposes. Public Law 347 88 Stat. 340 1974-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–347
An Act To continue domestic food assistance programs, and for other purposes.

July 12, 1974

[S. 3458]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 4(a)

Food stamp and special milk programs.

 of the Agriculture and Consumer Protection Act of 1973, as amended (87 Stat. 221, as amended, 7 U.S.C. 612c note), is amended to read as follows:
“Sec. 4. (a) (1) Notwithstanding any other provision of law, the Secretary

Commodity distribution.

 of Agriculture shall until July 1, 1975, (i) use funds available under provisions of section 32 of Public Law 320, Seventy-fourth Congress, as amended (7 U.S.C. 612c), and not otherwise expended or necessary for such purposes to purchase, without regard to the provisions of existing law governing the expenditure of public funds, agricultural commodities and their products of the types customarily purchased under section 32 (which may include seafood commodities and their products) to maintain the traditional level of assistance for food assistance programs as are authorized by law, including but not lim-88 Stat. 341ited to distribution to needy families pending the transition to the food stamp program, institutions, supplemental feeding programs wherever located, disaster relief, summer camps for children, and the family commodity distribution program on Indian reservations not requesting a food stamp program, and (ii) if stocks of the Commodity Credit Corporation are not available, use the funds of the Corporation to purchase agricultural commodities and their products of the types customarily available under section 416 of the Agricultural Act of 1949 to meet such requirements.

7 USC 1431.

 “(2) Notwithstanding any other provision of law, the Secretary of Agriculture shall, during each of the two fiscal years beginning July 1, 1975, and ending June 30, 1977, purchase agricultural commodities and otherwise carry out the provisions of this subsection with funds appropriated from the general fund of the Treasury. There are hereby

Appropriation.

 authorized to be appropriated such funds as may be necessary to carry out the provisions of this paragraph. Authority provided in this paragraph shall be carried out only with such funds as are appropriated from the general fund of the Treasury for that specific purpose, and in no event shall it be carried out with funds derived from permanent appropriations. “(3) Nothing in this subsection shall supersede the requirements of section 10(e) of the Food Stamp Act of 1964, as amended, except as to

7 USC 2019.

 Indian reservations.”
Sec. 2. Section 15 of the Food Stamp Act of 1964, as amended, is

7 USC 2024.

 amended by changing subsections (a) and (b) to read as follows: “(a) Except as otherwise provided in this section, each State shall be

State financing of administrative costs.

 responsible for financing, from funds available to the State or political subdivision thereof, the costs of carrying out the administrative responsibilities assigned to it under the provisions of this Act. “(b) The Secretary is authorized to pay to each State agency an

Federal payments to States.

 amount equal to 50 per centum of all administrative costs, including, but not limited to, the cost of (1) the certification of households; (2) the acceptance, storage, and protection of coupons after their delivery to receiving points within the States; (3) the issuance of such coupons to eligible households; (4) the outreach and fair hearing requirements of section 10 of this Act; and (5) the control and accounting

7 USC 2019.

 of coupons: Provided, That each State shall, from time to time at the request of the Secretary, report to the Secretary on the effectiveness of its administration of the program and no such payment shall be made to any State unless the Secretary is satisfied pursuant to regulations which he shall issue that an adequate number of qualified personnel are employed by the State in the program to administer the program efficiently and effectively.”.
Sec. 3. Section 3 of the Child Nutrition Act of 1966, as amended (80

Special milk program.

42 USC 1772.

 Stat. 885, as amended, 42 U.S.C. 1771–1786), is amended as follows: (a) The first sentence is amended by striking “, not to exceed $120,000,000,” and inserting in lieu thereof “such sums as may be necessary”. (b) Section 3 is further amended by adding at the end thereof the

Reimbursement, minimum rate.

 following: “For the fiscal year ending June 30, 1975, and for subsequent fiscal years, the minimum rate of reimbursement for a half-pint of milk served in schools and other eligible institutions shall not be less than 5 cents per half-pint served to eligible children, and such minimum rate of reimbursement shall be adjusted on an annual basis each fiscal year thereafter, beginning with the fiscal year ending June 30, 1976, to reflect changes in the series of food away from home of the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor. Such adjustment shall be computed to the nearest one-fourth cent.”.
Approved July 12, 1974.
Public Law 93–348: To amend the Public Health Service Act to establish a program of National Research Service Awards to assure the continued excellence of biomedical and behavioral research and to provide for the protection of human subjects involved in biomedical and behavioral research and for other purposes. Public Law 348 88 Stat. 342 1974-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 342 Public Law 93–348
An Act To amend the Public Health Service Act to establish a program of National Research Service Awards to assure the continued excellence of biomedical and behavioral research and to provide for the protection of human subjects involved in biomedical and behavioral research and for other purposes.

July 12, 1974

[H. R. 7724]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

National Research Act.

42 USC 289l–1 note.
Section 1. This Act may be cited as the “National Research Act”.
<num value="I">TITLE I—</num> <heading class="inline">BIOMEDICAL AND BEHAVIORAL RESEARCH TRAINING</heading> <sidenote><p class="firstIndent1 fontsize8">National Research Service Award Act of 1974.</p></sidenote> <section> <heading class="smallCaps centered">short title</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">This title may be cited as the “National Research Service Award Act of 1974”.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1 note</ref>.</p></sidenote></content> </section> </section> <section> <heading class="smallCaps centered">findings and declaration of purpose</heading> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Congress finds and declares that—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1 note</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the success and continued viability of the Federal biomedical and behavioral research effort depends on the availability of excellent scientists and a network of institutions of excellence capable of producing superior research personnel;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">direct support of the training of scientists for careers in biomedical and behavioral research is an appropriate and necessary role for the Federal Government; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">graduate research assistance programs should be the key elements in the training programs of the institutes of the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">It is the purpose of this title to increase the capability of the institutes of the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration to carry out their responsibility of maintaining a superior national program of research into the physical and mental diseases and impairments of man.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">biomedical and behavioral research training</heading> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <content class="inline">The part H of the Public Health Service Act relating to<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 135.</p></sidenote> the appointment of the Directors of the National Institutes of Health and the National Cancer Institute is redesignated as part I, section 461 of such part is redesignated as section 471, and such part is amended by adding at the end the following new sections: <quotedContent> <section> <heading class="smallCaps centered">“national research service awards</heading> <section class="firstIndent1 fontsize10"> <num value="472">“<inline class="smallCaps">Sec</inline>. 472. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The Secretary shall—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1</ref>.</p></sidenote></chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau class="inline">provide National Research Service Awards for—</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">biomedical and behavioral research at the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration in matters relating to the cause, diagnosis, prevention, and treatment of the disease (or diseases) or other health problems to which the activities of the Institutes and Administration are directed,</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">training at the Institutes and Administration of individuals to undertake such research.</content> </clause> <page identifier="/us/stat/88/343">88 <inline class="smallCaps">Stat</inline>. 343</page> <clause class="indent3 firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">biomedical and behavioral research at non-Federal public institutions and at nonprofit private institutions, and</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content class="inline">pre- and postdoctoral training at such public and private institutions of individuals to undertake such research; and</content> </clause> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">make grants to non-Federal public institutions and to <sidenote><p class="firstIndent1 fontsize8">Non-Federal public and non-profit private institutions, grants.</p></sidenote> nonprofit private institutions to enable such institutions to make to individuals selected by them National Research Service Awards for research (and training to undertake such research) in the matters described in subparagraph (A) (i).</content> </subparagraph> <continuation class="inline">A reference in this subsection to the National Institutes of Health or the Alcohol, Drug Abuse, and Mental Health Administration shall be considered to include the institutes, divisions, and bureaus included in the Institutes or under the Administration, as the case may be.</continuation> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">National Research Service Awards may not be used to support <sidenote><p class="firstIndent1 fontsize8">Prohibition.</p></sidenote> residencies.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">Effective July 1, 1975, National Research Service Awards may be made for research or research training in only those subject areas for which, as determined under section 473, there is a need for <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 345.</p></sidenote> personnel.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">No National Research Service Award may be made by the Secretary to any individual unless—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">the individual has submitted to the Secretary an application <sidenote><p class="firstIndent1 fontsize8">Application.</p></sidenote> therefor and the Secretary has approved the application;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">the individual provides, in such form and manner as the Secretary shall by regulation prescribe, assurances satisfactory to the Secretary that the individual will meet the service requirement of subsection (c)(1); and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">in the case of a National Research Service Award for a purpose described in subsection (a)(1)(A)(iii) or (a)(1)(A) (iv), the individual has been sponsored (in such manner as the Secretary may by regulation require) by the institution at which the research or training under the Award will be conducted.</content> </subparagraph> <continuation class="inline">An application for an Award shall be in such form, submitted in such manner, and contain such information, as the Secretary may by regulation prescribe.</continuation> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The award of National Research Service Awards by the Secretary <sidenote><p class="firstIndent1 fontsize8">Review.</p></sidenote> under subsection (a) and the making of grants for such Awards shall be subject to review and approval by the appropriate advisory councils to the entities of the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration (A) whose activities relate to the research or training under the Awards, or (B) at which such research or training will be conducted.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">No grant may be made under subsection (a)(1)(B) unless an <sidenote><p class="firstIndent1 fontsize8">Application approval.</p></sidenote> application therefor has been submitted to and approved by the Secretary. Such application shall be in such form, submitted in such manner, and contain such information, as the Secretary may by regulation prescribe. Subject to the provisions of this section other than paragraph (1) of this subsection, National Research Service Awards made under a grant under subsection (a)(1)(B) shall be made in accordance with such regulations as the Secretary shall prescribe.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">The period of any National Research Service Award made to <sidenote><p class="firstIndent1 fontsize8">Three-year limitation.</p></sidenote> any individual under subsection (a) may not exceed three years in the aggregate unless the Secretary for good cause shown waives the application of the three-year limit to such individual.</content> </paragraph> <page identifier="/us/stat/88/344">88 <inline class="smallCaps">Stat</inline>. 344</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">National Research Service Awards shall provide for such<sidenote><p class="firstIndent1 fontsize8">Stipends and allowances.</p></sidenote> stipends and allowances (including travel and subsistence expenses and dependency allowances) for the recipients of the Awards as the Secretary may deem necessary. A National Research Service Award made to an individual for research or research training at a non-Federal public or nonprofit private institution shall also provide for payments to be made to the institution for the cost of support services (including the cost of faculty salaries, supplies, equipment, general research support, and related items) provided such individual by such institution. The amount of any such payments to any institution shall be determined by the Secretary and shall bear a direct relationship to the reasonable costs of the institution for establishing and maintaining the quality of its biomedical and behavioral research and training programs.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1)</num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">Each individual who receives a National Research<sidenote><p class="firstIndent1 fontsize8">Health research or teaching, participation.</p></sidenote> Service Award shall, in accordance with paragraph (8), engage in—</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">health research or teaching,</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">if authorized under subparagraph (B), serve as a member of the National Health Service Corps or serve in his specialty, or</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">if authorized under subparagraph (C), serve in a health related activity approved under that subparagraph,</content> </clause> <continuation class="inline">for a period computed in accordance with paragraph (2).</continuation> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">Any individual who received a National Research Service Award and who is a physician, dentist, nurse, or other individual trained to provide health care directly to individual patients may, upon application to the Secretary, be authorized by the Secretary to—</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">serve as a member of the National Health Service Corps,</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">serve in his specialty in private practice in a geographic area designated by the Secretary as requiring that specialty, or</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">provides services in his specialty for a health maintenance organization to which payments may be made under section 1876 of title X V I I I of the Social Security Act and which serves a<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1395mm">42 USC 1395mm</ref>.</p></sidenote> medically underserved population (as defined in section 1302(7) of this Act),<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300e–1">42 USC 300e–1</ref>.</p></sidenote></content> </clause> <continuation class="inline">in lieu of engaging in health research or teaching if the Secretary determines that there are no suitable health research or teaching positions available to such individual.</continuation> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">Where appropriate the Secretary may, upon application,<sidenote><p class="firstIndent1 fontsize8">Health-related activities.</p></sidenote> authorize a recipient of a National Research Service Award, who is not trained to provide health care directly to individual patients, to engage in a health-related activity in lieu of engaging in health research or teaching if the Secretary determines that there are no suitable health research or teaching positions available to such individual.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">For each year for which an individual receives a National Research Service Award he shall—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">for twelve months engage in health research or teaching or, if so authorized, serve as a member of the National Health Service Corps, or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">if authorized under paragraph (1)(B) or (1)(C), for twenty months serve in his specialty or engage in a health-related activity.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The requirement of paragraph (1) shall be complied with by any individual to whom it applies within such reasonable period of time, after the completion of such individual’s Award, as the Secretary shall by regulation prescribe. The Secretary shall (A) by regulation prescribe (i) the type of research and teaching which an individual may engage in to comply with such requirement, and (ii)<page identifier="/us/stat/88/345">88 <inline class="smallCaps">Stat</inline>. 345</page> such other requirements respecting such research and teaching and alternative service authorized under paragraphs (1) (B) and (1) (C) as he deems necessary; and (B) to the extent feasible, provide that the members of the National Health Service Corps who are serving in the Corps to meet the requirement of paragraph (1) shall be assigned to patient care and to positions which utilize the clinical training and experience of the members.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">If any individual to whom the requirement of paragraph <sidenote><p class="firstIndent1 fontsize8">Noncompliance, recovery formula.</p></sidenote> (1) is applicable fails, within the period prescribed by paragraph (ں), to comply with such requirement, the United States shall be entitled to recover from such individual an amount determined in accordance with the formula—<math xmlns="http://www.w3.org/1998/Math/MathML" display="block"><mrow><mi>A</mi><mo>=</mo><mi>ϕ</mi><mrow><mo>(</mo><mrow><mfrac><mrow><mi>t</mi><mo>−</mo><mn>1</mn><mo>/</mo><mn>2</mn><mi>s</mi></mrow><mi>t</mi></mfrac></mrow><mo>)</mo></mrow></mrow></math> in which ‘A’ is the amount the United States is entitled to recover; ‘<i>ϕ</i>’ is the sum of the total amount paid under one or more National Research Service Awards to such individual and the interest on such amount which would be payable if at the time it was paid it was a loan bearing interest at a rate fixed by the Secretary of the Treasury after taking into consideration private consumer rates of interest prevailing at the time each Award to such individual was made; ‘t’ is the total number of months in such individual’s service obligation; and ‘s’ is the number of months of such obligation served by him in accordance with paragraphs (1) and (2) of this subsection.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">Any amount which the United States is entitled to recover under subparagraph (A) shall, within the three-year period beginning on the date the United States becomes entitled to recover such amount, be paid to the United States. Until any amount due the United States under subparagraph (A) on account of any National Research Service Award is paid, there shall accrue to the United States interest on such amount at the same rate as that fixed by the Secretary of the Treasury under subparagraph (A) to determine the amount due the United States.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Any obligation of any individual under paragraph (3) <sidenote><p class="firstIndent1 fontsize8">Obligations cancellation waiver or suspension.</p></sidenote> shall be canceled upon the death of such individual.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">The Secretary shall by regulation provide for the waiver or suspension of any such obligation applicable to any individual whenever compliance by such individual is impossible or would involve extreme hardship to such individual and if enforcement of such obligation with respect to any individual would be against equity and good conscience.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">There are authorized to be appropriated to make payments <sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> under National Research Service Awards and under grants for such Awards $207,947,000 for the fiscal year ending June 30, 1975. Of the sums appropriated under this subsection, not less than 25 per centum shall be made available for payments under National Research Service Awards provided by the Secretary under subsection (a)(1)(A).</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“studies respecting biomedical and behavioral research personnel</heading> <section class="firstIndent1 fontsize10"> <num value="473">“<inline class="smallCaps">Sec</inline>. 473. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Secretary shall, in accordance with subsection <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–2">42 USC 289<i>l</i>–2</ref>.</p></sidenote> (b), arrange for the conduct of a continuing study to—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">establish (A) the Nation’s overall need for biomedical and behavioral research personnel, (B) the subject areas in which such personnel are needed and the number of such personnel needed in each such area, and (C) the kinds and extent of training which should be provided such personnel;</content> </paragraph> <page identifier="/us/stat/88/346">88 <inline class="smallCaps">Stat</inline>. 346</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">assess (A) current training programs available for the training of biomedical and behavioral research personnel which are conducted under this Act at or through institutes under the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration, and (B) other current training programs available for the training of such personnel;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">identify the kinds of research positions available to and held by individuals completing such programs;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">determine, to the extent feasible, whether the programs referred to in clause (B) of paragraph (2) would be adequate to meet the needs established under paragraph (1) if the programs referred to in clause (A) of paragraph (2) were terminated; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">determine what modifications in the programs referred to in paragraph (2) are required to meet the needs established under paragraph (1).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Secretary shall request the National Academy of Sciences to conduct the study required by subsection (a) under an arrangement under which the actual expenses incurred by such Academy in conducting such study will be paid by the Secretary, If the National Academy of Sciences is willing to do so, the Secretary shall enter into such an arrangement with such Academy for the conduct of such study.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">If the National Academy of Sciences is unwilling to conduct such study under such an arrangement, then the Secretary shall enter into a similar arrangement with other appropriate nonprofit private groups or associations under which such groups or associations will conduct such study and prepare and submit the reports thereon as provided in subsection (c).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">A report on the results of such study shall be submitted by the<sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote> Secretary to the Committee on Interstate and Foreign Commerce of the House of Representatives and the Committee on Labor and Public Welfare of the Senate not later than March 31 of each year.”</content> </subsection> </section> </section> </quotedContent> </content> </section> </section> <section> <heading class="smallCaps centered">conforming amendments</heading> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 301 of the Public Health Service Act <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s241">42 USC 241</ref>.</p></sidenote> amended (A) by striking out paragraph (c); (B) by striking out in paragraph (d) “<quotedText>or research training</quotedText>” each place it occurs, “<quotedText>and research training programs</quotedText>”, and “<quotedText>and research training program</quotedText>”; and (C) by redesignating paragraphs (d), (e), (f), (g), (h), and (i) as paragraphs (c), (d), (e), (f), (g), and (h), respectively.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Section 303(a)(1) of such Act is amended to read as<sidenote><p class="firstIndent1 fontsize8">Clinical training and instruction.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242a">42 USC 242a</ref>.</p></sidenote> follows: <quotedContent> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">to provide clinical training and instruction and to establish and maintain clinical traineeships (with such stipends and allowances (including travel and subsistence expenses and dependency allowances) for the trainees as the Secretary may deem necessary);”.</content> </paragraph> </quotedContent> </content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">Section 303(b) of such Act is amended by inserting before the first sentence the following: “<quotedText>The Secretary may provide for training, instruction, and traineeships under subsection (a)(1) through grants to public and other nonprofit institutions.</quotedText>”.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Section 402(a) of such Act is amended (A) by striking out<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s282">42 USC 282</ref>.</p></sidenote> “<quotedText>training and instruction</quotedText>” in paragraph (3) and inserting in lieu thereof “<quotedText>clinical training and instruction</quotedText>”, and (B) by striking out paragraph (4) and by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Section 407(b) (7) of such Act is amended (A) by striking out<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s286a">42 USC 286a</ref>.</p></sidenote><page identifier="/us/stat/88/347">88 <inline class="smallCaps">Stat</inline>. 347</page> “<quotedText>and basic research and treatment</quotedText>”, and (B) by striking out “<quotedText>where appropriate</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">Section 408(b) (3) of such Act is amended by inserting “<quotedText>clinical</quotedText>” <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s286b">42 USC 286b</ref>.</p></sidenote> before “training” each place it occurs.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">Section 412(7) of such Act is amended by striking out “<quotedText>(1) <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s287a">42 USC 287a</ref>.</p></sidenote> establish and maintain</quotedText>” and all that follows down through and including “<quotedText>maintain traineeships</quotedText>” and inserting in lieu thereof “<quotedText>, provide clinical training and instruction and establish and maintain clinical traineeships</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">Section 413(a)(7) is amended by inserting “<quotedText>clinical</quotedText>” before <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s287b">42 USC 287b</ref>.</p></sidenote> “programs”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="8">(8) </num> <content class="inline">Section 415 (b) is amended by inserting before the period at the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s287d">42 USC 287d</ref>.</p></sidenote> end of the last sentence thereof the following: “<quotedText> ; and the term ‘training’ does not include research training for which fellowship support may be provided under section 472</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="9">(9) </num> <content class="inline">Section 422 of such Act is amended (A) by striking out paragraph <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s288a">42 USC 288a</ref>.</p></sidenote> (c) and by redesignating paragraphs (d) , (e), and (f) as paragraphs (c), (d ) , and (e), respectively, and (B) by striking out “<quotedText>training and instruction and establish and maintain traineeships</quotedText>” in paragraph (e) (as so redesignated) and inserting in lieu thereof “<quotedText>clinical training and instruction and establish and maintain clinical traineeships</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="10">(10) </num> <content class="inline">Section 434(c) (2) of such Act is amended by inserting “<quotedText>(other <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289c–1">42 USC 289c–1</ref>.</p></sidenote> than research training for which National Research Service Awards may be made under section 472)</quotedText>” after “training” the first time it occurs.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="11">(11) </num> <content class="inline">Sections 433(a), 444, and 453 of such Act are each amended <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289c/289g/289k">42 USC 289c, 289g, 289k</ref>.</p></sidenote> by striking out the second sentence thereof.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="12">(12) </num> <content class="inline">The heading for part I of title IV of such Act (as so redesignated by section 103) is amended by striking out “<quotedText><inline class="smallCaps">Administrative</inline></quotedText>” <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 342.</p></sidenote> and inserting in lieu thereof “<quotedText><inline class="smallCaps">General</inline>.</quotedText>”</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The amendments made by subsection (a) shall not apply with <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s241">42 USC 241 note</ref>.</p></sidenote> respect to commitments made before the date of the enactment of this Act by the Secretary of Health, Education, and Welfare for research training under the provisions of the Public Health Service Act amended or repealed by subsection (a).</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">sex discrimination</heading> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <chapeau class="inline">Section 799A of the Public Health Service Act is amended <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s295h–9">42 USC 295h–9</ref>.</p></sidenote> by adding at the end thereof the following: “In the case of a school of medicine which—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">on the date of the enactment of this sentence is in the process of changing its status as an institution which admits only female students to that of an institution which admits students without regard to their sex, and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">is carrying out such change in accordance with a plan approved by the Secretary,</content> </paragraph> <continuation class="inline">the provisions of the preceding sentences of this section shall apply only with respect to a grant, contract, loan guarantee, or interest subsidy to, or for the benefit of such a school for a fiscal year beginning after June 30, 1979.”</continuation> </section> </section> <section> <heading class="smallCaps centered">financial distress grants</heading> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <content class="inline">Section 773(a) of the Public Health Service Act is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s295f–3">42 USC 295f–3</ref>.</p></sidenote> amended (1) by striking out “<quotedText>$10,000,000</quotedText>” and inserting in lieu thereof “<quotedText>$15,000,000</quotedText>”, and (2) by striking out “<quotedText>1972</quotedText>” each place it occurs in the last sentence thereof and inserting in lieu thereof “<quotedText>1974</quotedText>”.</content> </section> </section> 88 Stat. 348 <num value="II">TITLE II—</num> <heading class="inline">PROTECTION OF HUMAN SUBJECTS OF BIOMEDICAL AND BEHAVIORAL RESEARCH</heading> <part> <num value="A"><inline class="smallCaps">Part A</inline>—</num> <heading class="inline"><inline class="smallCaps">National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research</inline></heading> <section> <heading class="smallCaps centered">establishment of commission</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There is established a Commission to be known as<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1 note</ref>.</p></sidenote> the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research (hereinafter in this title referred to as the “Commission”).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Commission shall be composed of eleven members<sidenote><p class="firstIndent1 fontsize8">Membership.</p></sidenote> appointed by the Secretary of Health, Education, and Welfare (hereinafter in this title referred to as the “Secretary”). The Secretary shall select members of the Commission from individuals distinguished in the fields of medicine, law, ethics, theology, the biological, physical, behavioral and social sciences, philosophy, humanities, health administration, government, and public affairs; but five (and not more than five) of the members of the Commission shall be individuals who are or who have been engaged in biomedical or behavioral research involving human subjects. In appointing members of the Commission, the Secretary shall give consideration to recommendations from the National Academy of Sciences and other appropriate entities. Members of the<sidenote><p class="firstIndent1 fontsize8">Term.</p></sidenote> Commission shall be appointed for the life of the Commission. The Secretary shall appoint the members of the Commission within sixty days of the date of the enactment of this Act.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Except as provided in subparagraph (B) members of the<sidenote><p class="firstIndent1 fontsize8">Compensation.</p></sidenote> Commission shall each be entitled to receive the daily equivalent of the annual rate of the basic pay in effect for grade GS–18 of the General Schedule for each day (including traveltime) during which they are<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> engaged in the actual performance of the duties of the Commission.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">Members of the Commission who are full-time officers or employees of the United States shall receive no additional pay on account of their service on the Commission.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">While away from their homes or regular places of business in<sidenote><p class="firstIndent1 fontsize8">Travel expenses.</p></sidenote> the performance of duties of the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5 of the United States Code.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The chairman of the Commission shall be selected by the members <sidenote><p class="firstIndent1 fontsize8">Chairman.</p></sidenote> of the Commission from among their number.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Commission may appoint and fix the pay of such staff<sidenote><p class="firstIndent1 fontsize8">Personnel.</p></sidenote> personnel as it deems desirable. Such personnel shall be appointed<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s101">5 USC 101 <i>et seq.</i></ref></p></sidenote> subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter I I I of chapter 53<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5101/5331/5332">5 USC 5101, 5331, 5332 note</ref>.</p></sidenote> of such title relating to classification and General Schedule pay rates.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Commission may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5 of the United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS–18 of the General Schedule.</content> </paragraph> </subsection> </section> </section> <page identifier="/us/stat/88/349">88 <inline class="smallCaps">Stat</inline>. 349</page> <section> <heading class="smallCaps centered">commission duties</heading> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Commission shall carry out the following: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1 note</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">The Commission shall (i) conduct a comprehensive investigation <sidenote><p class="firstIndent1 fontsize8">Research involving human subjects, study; guideline development.</p></sidenote> and study to identify the basic ethical principles which should underlie the conduct of biomedical and behavioral research involving human subjects, (ii) develop guidelines which should be followed in such research to assure that it is conducted in accordance with such principles, and (iii) make recommendations to the Secretary (I) for such administrative action as may be appropriate to apply such guidelines to biomedical and behavioral research conducted or supported under programs administered by the Secretary, and (II) concerning any other matter pertaining to the protection of human subjects of biomedical and behavioral research.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <chapeau class="inline">In carrying out subparagraph (A) , the Commission shall consider at least the following:</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">(i) </num> <content class="inline">The boundaries between biomedical or behavioral research involving human subjects and the accepted and routine practice of medicine.</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content class="inline">The role of assessment of risk-benefit criteria in the determination of the appropriateness of research involving human subjects.</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content class="inline">Appropriate guidelines for the selection of human subjects for participation in biomedical and behavioral research.</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iv">(iv) </num> <content class="inline">The nature and definition of informed consent in various research settings.</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="v">(v) </num> <content class="inline">Mechanisms for evaluating and monitoring the performance of Institutional Review Boards established in accordance with section 474 of the Public Health Service Act and appropriate <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 352.</p></sidenote> enforcement mechanisms for carrying out their decisions.</content> </clause> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">The Commission shall consider the appropriateness of applying the principles and guidelines identified and developed under subparagraph (A) to the delivery of health services to patients under programs conducted or supported by the Secretary.</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Commission shall identify the requirements for informed <sidenote><p class="firstIndent1 fontsize8">Consent requirements.</p></sidenote> consent to participation in biomedical and behavioral research by children, prisoners, and the institutionalized mentally infirm. The Commission shall investigate and study biomedical and behavioral research conducted or supported under programs administered by the Secretary and involving children, prisoners, and the institutionalized mentally infirm to determine the nature of the consent obtained from such persons or their legal representatives before such persons were involved in such research; the adequacy of the information given them respecting the nature and purpose of the research, procedures to be used, risks and discomforts, anticipated benefits from the research, and other matters necessary for informed consent; and the competence and the freedom of the persons to make a choice for or against involvement in such research. On the basis of such investigation and study the Commission shall make such recommendations to the Secretary as it determines appropriate to assure that biomedical and behavioral research conducted or supported under programs administered by him meets the requirements respecting informed consent identified by the Commission. For purposes of this paragraph, the term "children" means Definitions. individuals who have not attained the legal age of consent to participate in research as determined under the applicable law of the jurisdiction in which the research is to be conducted; the term “prisoner” means individuals involuntarily confined in correctional institutions or facilities (as defined in section 601 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3781)); and the term “institutionalized mentally infirm” includes individuals who are mentally<page identifier="/us/stat/88/350">88 <inline class="smallCaps">Stat</inline>. 350</page> ill, mentally retarded, emotionally disturbed, psychotic, or senile, or who have other impairments of a similar nature and who reside as patients in an institution.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The Commission shall conduct an investigation and study to<sidenote><p class="firstIndent1 fontsize8">Protection mechanism, study.</p></sidenote> determine the need for a mechanism to assure that human subjects in biomedical and behavioral research not subject to regulation by the Secretary are protected. If the Commission determines that such a mechanism is needed, it shall develop and recommend to the Congress such a mechanism. The Commission may contract for the design of such a mechanism to be included in such recommendations.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Commission shall conduct an investigation and study of<sidenote><p class="firstIndent1 fontsize8">Living fetus research, study.</p></sidenote> the nature and extent of research involving living fetuses, the purposes for which such research has been undertaken, and alternative means for achieving such purposes. The Commission shall, not later than the expiration of the i-month period beginning on the first day of the first month that follows the date on which all the members of the Commission have taken office, recommend to the Secretary policies defining the circumstances (if any) under which such research may be conducted or supported.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The Commission shall conduct an investigation and study of<sidenote><p class="firstIndent1 fontsize8">Psychosurgery usage, study.</p></sidenote> the use of psychosurgery in the United States during the five-year period ending December 31, 1972. The Commission shall determine the appropriateness of its use, evaluate the need for it, and recommend to the Secretary policies defining the circumstances (if any) under which its use may be appropriate. For purposes of this paragraph, the term<sidenote><p class="firstIndent1 fontsize8">Definition.</p></sidenote> “psychosurgery” means brain surgery on (1) normal brain tissue of an individual, who does not suffer from any physical disease, for the purpose of changing or controlling the behavior or emotions of such individual, or (2) diseased brain tissue of an individual, if the sole object of the performance of such surgery is to control, change, or affect any behavioral or emotional disturbance of such individual. Such term does not include brain surgery designed to cure or ameliorate the effects of epilepsy and electric shock treatments.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">The Commission shall make recommendations to the Congress<sidenote><p class="firstIndent1 fontsize8">Recommendations to Congress.</p></sidenote> respecting the functions and authority of the National Advisory Council for the Protection of Subjects of Biomedical and Behavioral Research to be established under section 217(f) of the Public Health Service Act.<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 351.</p></sidenote></content> </subsection> </section> </section> <section> <heading class="smallCaps centered">special study</heading> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <chapeau class="inline">The Commission shall undertake a comprehensive study<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1 note</ref>.</p></sidenote> of the ethical, social, and legal implications of advances in biomedical and behavioral research and technology. Such study shall include—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">an analysis and evaluation of scientific and technological advances in past, present, and projected biomedical and behavioral research and services;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">an analysis and evaluation of the implications of such advances, both for individuals and for society;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">an analysis and evaluation of laws and moral and ethical principles governing the use of technology in medical practice:</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">an analysis and evaluation of public understanding of and attitudes toward such implications and laws and principles; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">an analysis and evaluation of implications for public policy of such findings as are made by the Commission with respect to advances in biomedical and behavioral research and technology and public attitudes toward such advances.</content> </paragraph> </section> </section> <page identifier="/us/stat/88/351">88 <inline class="smallCaps">Stat</inline>. 351</page> <section> <heading class="smallCaps centered">administrative provisions</heading> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Commission may for the purpose of carrying out <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1 note</ref>.</p></sidenote> its duties under sections 202 and 203 hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission deems advisable.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out its duties. Upon the request of the chairman of the Commission, the head of such department or agency shall furnish such information to the Commission.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The Commission shall not disclose any information reported <sidenote><p class="firstIndent1 fontsize8">Information disclosure, prohibition.</p></sidenote> to or otherwise obtained by it in carrying out its duties which (1) identifies any individual who has been the subject of an activity studied and investigated by the Commission, or (2) which concerns any information which contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Except as provided in subsection (b) of section 202, the Commission shall complete its duties under sections 202 and 203 not later than the expiration of the 24-month period beginning on the first day of the first month that follows the date on which all the members of the Commission have taken office. The Commission shall make periodic<sidenote><p class="firstIndent1 fontsize8">Reports to President, Congress and HEW.</p></sidenote> reports to the President, the Congress, and the Secretary respecting its activities under sections 202 and 203 and shall, not later than ninety days after the expiration of such 24-month period, make a final report to the President, the Congress, and the Secretary respecting such activities and including its recommendations for administrative action and legislation.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">The Commission shall cease to exist thirty days following the submission of its final report pursuant to subsection (d). <sidenote><p class="firstIndent1 fontsize8">Termination date.</p></sidenote></content> </subsection> </section> </section> <section> <heading class="smallCaps centered">duties of the secretary</heading> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <content class="inline">Within 60 days of the receipt of any recommendation made <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1 note</ref>.</p></sidenote> by the Commission under section 202, the Secretary shall publish it in the Federal Register and provide opportunity for interested persons <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> to submit written data, views, and arguments with respect to such recommendation. The Secretary shall consider the Commission’s recommendation and relevant matter submitted with respect to it and, within 180 days of the date of its publication in the Federal Register, the Secretary shall (1) determine whether the administrative action proposed by such recommendation is appropriate to assure the protection of human subjects of biomedical and behavioral research conducted or supported under programs administered by him, and (2) if he determines that such action is not so appropriate, publish in the Federal Register such determination together with an adequate statement of the reasons for his determination. If the Secretary determines that administrative action recommended by the Commission should be undertaken by him, he shall undertake such action as expeditiously as is feasible.</content> </section> </section> </part> <part> <num value="b"><inline class="smallCaps">Part B</inline>—</num> <heading class="inline"><inline class="smallCaps">Miscellaneous</inline></heading> <section> <heading class="smallCaps centered">national advisory council for the protection of subjects of biomedical and behavioral research</heading> <section class="firstIndent1 fontsize10"> <num value="211"><inline class="smallCaps">Sec</inline>. 211. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 217 of the Public Health Service Act is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s218">42 USC 218</ref>.</p></sidenote> amended by adding at the end the following new subsection: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">There shall be established a National Advisory Council for <sidenote><p class="firstIndent1 fontsize8">Establishment.</p></sidenote> the Protection of Subjects of Biomedical and Behavioral Research <page identifier="/us/stat/88/352">88 <inline class="smallCaps">Stat</inline>. 352</page> (hereinafter in this subsection referred to as the ‘Council’) which shall<sidenote><p class="firstIndent1 fontsize8">Membership.</p></sidenote> consist of the Secretary who shall be Chairman and not less than seven nor more than fifteen other members who shall be appointed by the Secretary without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. The Secretary <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s101">5 USC 101 <i>et seq.</i></ref></p></sidenote> shall select members of the Council from individuals distinguished in the fields of medicine, law, ethics, theology, the biological, physical, behavioral and social sciences, philosophy, humanities, health administration, government, and public affairs; but three (and not more than three) of the members of the Council shall be individuals who are or who have been engaged in biomedical or behavioral research involving human subjects. No individual who was appointed to be a member of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research (established under title II of the National Research Act) may be appointed to be a member<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 348.</p></sidenote> of the Council. The appointed members of the Council shall have terms of office of four years, except that for the purpose of staggering<sidenote><p class="firstIndent1 fontsize8">Term.</p></sidenote> the expiration of the terms of office of the Council members, the Secretary shall, at the time of appointment, designate a term of office of less than four years for members first appointed to the Council.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">The Council shall—<sidenote><p class="firstIndent1 fontsize8">Duties.</p></sidenote></chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">advise, consult with, and make recommendations to, the Secretary concerning all matters pertaining to the protection of human subjects of biomedical and behavioral research;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">review policies, regulations, and other requirements of the Secretary governing such research to determine the extent to which such policies, regulations, and requirements require and are effective in requiring observance in such research of the basic ethical principles which should underlie the conduct of such research and, to the extent such policies, regulations, or requirements do not require or are not effective in requiring observance of such principles, make recommendations to the Secretary respecting appropriate revision of such policies, regulations, or requirements; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">review periodically changes in the scope, purpose, and types of biomedical and behavioral research being conducted and the impact such changes have on the policies, regulations, and other requirements of the Secretary for the protection of human subjects of such research.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The Council may disseminate to the public such information, recommendations, and other matters relating to its functions as it deems appropriate.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">Section 14 of the Federal Advisory Committee Act shall not<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/sI">5 USC app. I</ref>.</p></sidenote> apply with respect to the Council.”</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The amendment made by subsection (a) shall take effect<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s218">42 USC 218 note</ref>.</p></sidenote> July 1, 1976.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">institutional review boards; ethics guidance program</heading> <section class="firstIndent1 fontsize10"> <num value="212"><inline class="smallCaps">Sec</inline>. 212. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Part I of title IV of the Public Health Service Act, as amended by section 103 of this Act, is amended by adding at the end the following new section: <quotedContent> <section> <heading class="smallCaps centered">“institutional review boards; ethics guidance program</heading> <section class="firstIndent1 fontsize10"> <num value="474">“<inline class="smallCaps">Sec</inline>. 474. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Secretary shall by regulation require that each<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–3">42 USC 289<i>l</i>–3</ref>.</p></sidenote> entity which applies for a grant or contract under this Act for any project or program which involves the conduct of biomedical or behavioral research involving human subjects submit in or with its<page identifier="/us/stat/88/353">88 <inline class="smallCaps">Stat</inline>. 353</page> application for such grant or contract assurances satisfactory to the Secretary that it has established (in accordance with regulations which the Secretary shall prescribe) a board (to be known as an ‘Institutional Review Board’) to review biomedical and behavioral research involving human subjects conducted at or sponsored by such entity in order to protect the rights of the human subjects of such research.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">The Secretary shall establish a program within the Department under which requests for clarification and guidance with respect to ethical issues raised in connection with biomedical or behavioral research involving human subjects are responded to promptly and appropriately.”</content> </subsection> </section> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Secretary of Health, Education, and Welfare shall within <sidenote><p class="firstIndent1 fontsize8">Regulations.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–3">42 USC 289<i>l</i>–3 note</ref>.</p></sidenote> 240 days of the date of the enactment of this Act promulgate such regulations as may be required to carry out section 474(a) of the Public Health Service Act. Such regulations shall apply with respect <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 352.</p></sidenote> to applications for grants and contracts under such Act submitted after promulgation of such regulations.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">limitation on research</heading> <section class="firstIndent1 fontsize10"> <num value="213"><inline class="smallCaps">Sec</inline>. 213. </num> <content class="inline">Until the Commission has made its recommendations to <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1 note</ref>.</p></sidenote> the Secretary pursuant to section 202(b), the Secretary may not conduct or support research in the United States or abroad on a living human fetus, before or after the induced abortion of such fetus, unless such research is done for the purpose of assuring the survival of such fetus.</content> </section> </section> <section> <heading class="smallCaps centered">individual rights</heading> <section class="firstIndent1 fontsize10"> <num value="214"><inline class="smallCaps">Sec</inline>. 214. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Subsection (c) of section 401 of the Health Programs Extension Act of 1973 is amended (1) by inserting “<quotedText>(1)</quotedText>” after “(c)”, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300a–7">42 USC 300a–7</ref>.</p></sidenote> (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and (3) by adding at the end the following new paragraph: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">No entity which receives after the date of enactment of this <sidenote><p class="firstIndent1 fontsize8">Nondiscrimination.</p></sidenote> paragraph a grant or contract for biomedical or behavioral research under any program administered by the Secretary of Health, Education, and Welfare may—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">discriminate in the employment, promotion, or termination of employment of any physician or other health care personnel, or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">discriminate in the extension of staff or other privileges to any physician or other health care personnel,</content> </subparagraph> </paragraph> </quotedContent> <p class="inline">because he performed or assisted in the performance of any lawful health service or research activity, because he refused to perform or assist in the performance of any such service or activity on the grounds that his performance or assistance in the performance of such service or activity would be contrary to his religious beliefs or moral convictions, or because of his religious beliefs or moral convictions respecting any such service or activity.”</p> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Section 401 of such Act is amended by adding at the end the following new subsection: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">No individual shall be required to perform or assist in the performance of any part of a health service program or research activity funded in whole or in part under a program administered by the Secretary of Health, Education, and Welfare if his performance or assistance in the performance of such part of such program or activity would be contrary to his religious beliefs or moral convictions.”</content> </subsection> </quotedContent> </content> </subsection> </section> </section> <page identifier="/us/stat/88/354">88 <inline class="smallCaps">Stat</inline>. 354</page> <section> <heading class="smallCaps centered">special project grants and contracts</heading> <section class="firstIndent1 fontsize10"> <num value="215"><inline class="smallCaps">Sec</inline>. 215. </num> <content class="inline">Section 772(a)(7) of the Public Health Service Act is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s295f–2">42 USC 295f–2</ref>.</p></sidenote> amended by inserting immediately before the semicolon at the end thereof the following: “<quotedText>, or (C) providing increased emphasis on the ethical, social, legal, and moral implications of advances in biomedical research and technology with respect to the effects of such advances on individuals and society</quotedText>”.</content> </section> </section> </part> Approved July 12, 1974.
Public Law 93–349: To provide for payments by the Postal Service to the Civil Service Retirement Fund for increases in the unfunded liability of the Fund due to increases in benefits for Postal Service employees, and for other purposes. Public Law 349 88 Stat. 354 1974-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–349
An Act To provide for payments by the Postal Service to the Civil Service Retirement Fund for increases in the unfunded liability of the Fund due to increases in benefits for Postal Service employees, and for other purposes.

July 12, 1974

[H. R. 29]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 8348 of

Civil Service Retirement Fund.

Postal Service payments.

 title 5, United States Code, is amended by adding at the end thereof the following new subsection: “(h) (1) Notwithstanding any other statute, the United States Postal Service shall be liable for that portion of any estimated increase in the unfunded liability of the Fund which is attributable to any benefits payable from the Fund to active and retired Postal Service officers and employees, and to their survivors, when the increase results from an employee-management agreement under title 39, or

39 USC 101 et seq.

 any administrative action by the Postal Service taken pursuant to law, which authorizes increases in pay on which benefits are computed. “(2) The estimated increase in the unfunded liability, referred to

Unfunded liability increase, determination.

 in paragraph (1) of this subsection, shall be determined by the Civil Service Commission. The United States Postal Service shall pay the amount so determined to the Commission in thirty equal annual installments with interest computed at the rate used in the most recent valuation of the Civil Service Retirement System, with the first payment thereof due at the end of the fiscal year in which an increase in pay becomes effective.”.
Sec. 2. (a) The last sentence of section 1005(d) of title 39, United

Repeal.

 States Code, is repealed. (b) Section 1005(d) of title 39, United States Code, is amended by adding at the end thereof the following new sentence: “The Postal Service shall pay into the Civil Service Retirement and Disability Fund the amounts determined by the Civil Service Commission under section 8348 (h) of title 5.”.

Supra.
Sec. 3. The effective date of this Act shall be July 1, 1971, except

Effective date, exceptions.

39 USC 1005 note.

 that the Postal Service shall not be required to make (1) the payments due June 30, 1972, June 30, 1973, and June 30, 1974, attributable to pay increases granted by the Postal Service prior to July 1, 1973, until such time as funds are appropriated to the Postal Service for that purpose, and (2) the transfer to the Civil Service Retirement and Disability Fund required by title II of the Treasury, Postal Service, and General Government Appropriation Act, 1974, Public Law 93–143.

87 Stat. 513.
Approved July 12, 1974.
Public Law 93–350: To amend title 5, United States Code, with respect to the retirement of certain law enforcement and firefighter personnel, and for other purposes. Public Law 350 88 Stat. 355 1974-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 355 Public Law 93–350
An Act To amend title 5, United States Code, with respect to the retirement of certain law enforcement and firefighter personnel, and for other purposes.

July 12, 1974

[H. R. 9281]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 3307 of

Certain law enforcement and firefighting personnel.

Retirement benefits.

 title 5, United States Code, is amended— (1) by striking out in subsection (a) thereof “subsections (b) and (c)” and inserting in lieu thereof “subsections (b) , (c), and (d)” ; and (2) by adding the following new subsection at the end thereof: “(d) The head of any agency may, with the concurrence of such agent as the President may designate, determine and fix the minimum and maximum limits of age within which an original appointment may be made to a position as a law enforcement officer or firefighter, as defined by section 8331 (20) and (21), respectively, of this title.”

Intra.
Sec. 2. (a) Section 8331(3) of title 5, United States Code, is amended— (1) by striking out the word “and” at the end of clause (B) (ii) ; (2) by inserting the word “and” immediately after the semicolon at the end of subparagraph (C) ; (3) by adding immediately below subparagraph (C) the following new subparagraph: “(D) with respect to a law enforcement officer, premium pay under section 5545 (c) (2) of this title ;” ; and

5 USC 5545.

 (4) by striking out “subparagraphs (B) and (C) of this paragraph” and inserting in lieu thereof “subparagraphs (B), (C), and (D) of this paragraph”. (b) Section 8331 of title 5, United States Code, is amended— (1) by striking out “and” at the end of paragraph (18); (2) by striking out the period at the end of paragraph (19) and inserting in lieu thereof a semicolon and the word “and”; and (3) by adding at the end thereof the following: “(20) ‘law enforcement officer’ means an employee, the duties

“Law enforcement officer.”

 of whose position are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States, including an employee engaged in this activity who is transferred to a supervisory or administrative position. For the purpose of this paragraph,

“Detention.”

 ‘detention’ includes the duties of— “(A) employees of the Bureau of Prisons and Federal Prison Industries, Incorporated; “(B) employees of the Public Health Service assigned to the field service of the Bureau of Prisons or of the Federal Prison Industries, Incorporated; “(C) employees in the field service at Army or Navy disciplinary barracks or at confinement and rehabilitation facilities operated by any of the armed forces; and “(D) employees of the Department of Corrections of the District of Columbia, its industries and utilities; whose duties in connection with individuals in detention suspected or convicted of offenses against the criminal laws of the United States or of the District of Columbia or offenses against the punitive articles of the Uniformed Code of Military Justice (chapter88 Stat. 356 47 of title 10) require frequent (as determined by the appropriate

10 USC 801.

 administrative authority with the concurrence of the Commission) direct contact with these individuals in their detention, direction, supervision, inspection, training, employment, care, transportation, or rehabilitation; and “(21) ‘firefighter’ means an employee, the duties of whose position

“Firefighter.”

 are primarily to perform work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred to a supervisory or administrative position.”
Sec. 3. (a) The first sentence of section 8334(a) (1) of title 5, United States Code, is amended by inserting “a law enforcement officer, and a firefighter,” following “Congressional employee,”. (b) The first sentence of section 8334(c) of title 5, United States

Deposits.

 Code, is amended by adding at the end thereof the following new schedule:
“Law enforcement office for law enforcement service and firefighter for firefighter service. 2½--------------- August 1, 1920, to June 30, 1926.
3½--------------- July 1, 1926, to June 30, 1942.
5------------------ July 1, 1942, to June 30, 1948.
6------------------ July 1, 1948, to October 31, 1956
6½--------------- November 1, 1956, to December 31, 1969
7------------------ January 1, 1970, to December 31, 1974.
7½--------------- After December 31, 1974.”.
Sec. 4. Section 8335 of title 5, United States Code, is amended by

Mandatory separation.

 adding the following new subsection at the end thereof: “(g) A law enforcement officer or a firefighter who is otherwise

Infra.

 eligible for immediate retirement under section 8336(c) of this title shall be separated from the service on the last day of the month in which he becomes 55 years of age or completes 20 years of service if then over that age. The head of the agency, when in his judgment

Exemption.

 the public interest so requires, may exempt such an employee from automatic separation under this subsection until that employee becomes 60 years of age. The employing office shall notify the employee in writing of the date of separation at least 60 days in advance thereof. Action to separate the employee is not effective, without the consent of the employee, until the last day of the month in which the 60-day notice expires.”
Sec. 5. Section 8336(c) of title 5, United States Code, is amended

Early retirement.

 to read as follows: “(c) An employee who is separated from the service after becoming 50 years of age and completing 20 years of service as a law enforcement officer or firefighter, or any combination of such service totaling at least 20 years, is entitled to an annuity.”
SEC. 6. Section 8339(d) of title 5, United States Code, is amended

Annuity computation.

 to read as follows: “(d) The annuity of an employee retiring under section 8335(g) or 8336 (c) of this title is—

Supra.

 “(A) 2½ percent of his average pay multiplied by so much of his total service as does not exceed 20 years; plus “(B) 2 percent of his average pay multiplied by so much of his total service as exceeds 20 years.”
Sec. 7. The amendments made by the first section, and sections 2(b) ,

Effective dates.

5 USC 3307 note.

 5, and 6, of this Act shall become effective on the date of enactment of this Act. The amendments made by sections 2(a) and 3 of this Act shall become effective at the beginning of the first applicable pay period which begins after December 31, 1974. The amendment made by section 4 of this Act shall become effective on January 1, 1978.
Approved July 12, 1974.
Public Law 93–351: To amend title VII of the Older Americans Act relating to the nutrition program for the elderly to provide authorization of appropriations, and for other purposes. Public Law 351 88 Stat. 357 1974-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 357 Public Law 93–351
An Act To amend title VII of the Older Americans Act relating to the nutrition program for the elderly to provide authorization of appropriations, and for other purposes.

July 12, 1974

[H. R. 11105]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the first sentence

Older Americans Act of 1965, amendments.

42 USC 3045g.

 of section 708 of the Older Americans Act is amended by striking out the word “and” before “$150,000,000” and by inserting before the period a comma and the following: “$150,000,000 for the fiscal year ending June 30, 1975, $200,000,000 for the fiscal year ending June 30, 1976, and $250,000,000 for the fiscal year ending June 30, 1977”.
Sec. 2. (a) Section 201(a) of the Older Americans Act (42 U.S.C. 3011) is amended by striking out everything in such section that follows the word “Commissioner” the second time it appears in the fourth sentence of such section and inserting in lieu thereof a period. (b) Any delegation of the functions of the Commissioner on Aging

Commisioner, delegation of functions, modification.

42 USC 3011 note.

 in effect on the date of enactment of this Act, issued pursuant to section 201(a) of such Act, shall be modified by the Commissioner to comply with the provisions of the amendment made by this section.
Sec. 3. Title III of the Older Americans Act of 1965 (42 U.S.C. 3021ff.) is amended by adding the following new section:

42 USC 3021.
“transportation projects
“Sec. 309. (a) There are authorized to be appropriated $35,000,000

Appropriation.

42 USC 3029.

 for the fiscal year ending June 30, 1975, to carry out the purposes of this section. From sums appropriated under this section, the Commissioner is authorized to make grants to each State having a State plan approved under section 305 for the purpose of paying up to 75 per

42 USC 3025.

 centum of the costs of meeting the transportation needs of older persons, with special emphasis on providing supportive transportation in connection with nutrition projects operated pursuant to title VII

42 USC 3045.

State allotments.

 of this Act. Sums appropriated under this section shall be allotted to the states in accordance with the allotment formula contained in section 303. “(b) The allotment to a State under this section shall remain available until December 31, 1975, for grants and contracts to area agencies on aging, organized under section 305(b), or to other public or nonprofit

42 USC 3023.

Allotments, availability.

 private agencies that the State agency determines have the capacity to meet the transportation needs of older persons and to provide supportive transportation services in connection with nutrition projects operated under title VII. In making grants and contracts under this section, State agencies shall give priority to applicants proposing

Applicants granted priority.

 to serve areas m which there is no public transportation or in which existing public transportation is inadequate to meet the special needs of older persons. “(c) Within ninety days following the enactment of legislation appropriating funds as authorized by this section, the Commissioner shall issue final regulations for implementation of the program herein

Final regulations.

 authorized. “(d) The Commissioner is authorized and directed to request the

Technical assistance.

 technical assistance and cooperation of the Secretary of Transportation and such other departments and agencies of the Federal Government as may be appropriate for the proper and effective administration of this section.”.
Sec. 4. Section 201 of Public Law 93–113 (87 Stat. 401, October 1,

42 USC 5001.

 1973) is amended by inserting the following new subsection (b) after88 Stat. 358 subsection (a) and redesignating the present subsection (b) as subsection (c) : “(b) In no event shall the required proportion of the local contribution

Local contributions, required proportion.

 (including in-kind contributions) for a grant or contract made under this section be more than 10 per centum in the first year of assistance under this section, 20 per centum in the second such year, 30 per centum in the third such year, 40 per centum in the fourth such year, and 50 per centum in any subsequent such years: Provided, however, That the Director may make exceptions in cases of demonstrated need, determined (in accordance with regulations which the Director shall prescribe) on the basis of the financial capability of a particular recipient of assistance under this section, to permit a lesser local contribution proportion than any required contribution proportion established by the Director in generally applicable regulations.”.
Sec. 5. Section 707 of the Older Americans Act of 1965 is amended

42 USC 3045f.

 by adding at the end thereof the following new subsections: “(d) In donating commodities pursuant to this section, the Secretary

Level of assistance.

 of Agriculture shall maintain an annually programed level of assistance of not less than 10 cents per meal: Provided, That this amount shall be adjusted on an annual basis each fiscal year after June 30, 1975, to reflect changes in the series for food away from home of the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor. Such adjustment shall be computed to the nearest one-fourth cent. Among the commodities delivered under this section, the Secretary shall give special emphasis to high protein foods, meat, and meat alternates. The Secretary of Agriculture, in consultation with the Commissioner, is authorized to prescribe the terms and conditions respecting the donating of commodities pursuant to this section, and, within ninety days after the date of enactment of this subsection (d), the Secretary of Agriculture shall issue regulations governing the donation of such commodities. “(e) The Secretary of Agriculture in consultation with the Commissioner

Food stamps, regulations.

 shall, within ninety days after the date of enactment of this subsection, issue regulations clarifying the use of food stamps under this title.”.
Approved July 12, 1974.
Public Law 93–352: To amend the Public Health Service Act to improve the national cancer program and to authorize appropriations for such program for the next three fiscal years. Public Law 352 88 Stat. 358 1974-07-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–352
An Act To amend the Public Health Service Act to improve the national cancer program and to authorize appropriations for such program for the next three fiscal years.

July 23, 1974

[S. 2893]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

National cancer program, improvement.

National Cancer Act Amendments of 1974.

 <num value="I">TITLE I—</num> <heading class="inline">EXTENSION OF CANCER PROGRAM</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">This title may be cited as the “National Cancer Act Amendments of 1974”.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s282">42 USC 282 note</ref>.</p></sidenote></content> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <chapeau class="inline">Section 402(b) of the Public Health Service Act is amended—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s282">42 USC 282</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by striking out “<quotedText>in amounts not to exceed $35,000</quotedText>” in paragraph (1) and inserting in lieu thereof “<quotedText>if the direct costs of such research and training do not exceed $35,000, but only</quotedText>”; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out “<quotedText>in amounts exceeding $35,000</quotedText>” in para-<page identifier="/us/stat/88/359">88 <inline class="smallCaps">Stat</inline>. 359</page>graph (2) and inserting in lieu thereof “<quotedText>if the direct costs of such research and training exceed $35,000, but only</quotedText>”.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <content class="inline">Section 407(b)(4) of the Public Health Service Act is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s286a">42 USC 286a</ref>.</p></sidenote> amended by striking out “<quotedText>all data</quotedText>” and inserting in lieu thereof “<quotedText>information (including information respecting nutrition programs for cancer patients and the relationship between nutrition and cancer)</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <content class="inline">Section 407(b)(7) of the Public Health Service Act is amended by striking out “<quotedText>where appropriate</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <content class="inline">Section 407(b) (9) (A) of the Public Health Service Act is amended by inserting “<quotedText>(including an estimate of the number and type of personnel needed for the National Cancer Program)</quotedText>” after “budget estimate”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <content class="inline">Section 408 (a) of the Public Health Service Act is amended <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s286b">42 USC 286b</ref>.</p></sidenote> by striking out “<quotedText>fifteen</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Subsection (a) of section 409 of the Public Health Service Act is amended by inserting before the period at the end <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s286c">42 USC 286c</ref>.</p></sidenote> thereof a comma and the following: “<quotedText>including programs to provide appropriate trials of programs of routine exfoliative cytology tests conducted for the diagnosis of uterine cancer</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Subsection (b) of such section is amended by striking out “<quotedText>and</quotedText>” before “$40,000,000” and by inserting before the period at the end thereof a comma and the following: “<quotedText>$53,500,000 for the fiscal year ending June 30, 1975, $68,500,000 for the fiscal year ending June 30, 1976, and $88,500,000 for the fiscal year ending June 30, 1977</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="108"><inline class="smallCaps">Sec</inline>. 108. </num> <chapeau class="inline">Section 410 of the Public Health Service Act is amended—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s286d">42 USC 286d</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by striking out “<quotedText>fifty</quotedText>” in paragraph (1) and inserting in lieu thereof “<quotedText>one hundred</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out “<quotedText>and</quotedText>” at the end of paragraph (7);</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">by striking out the period at the end of paragraph (8) and inserting in lieu thereof “<quotedText> ; and</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">by adding after paragraph (8) the following new paragraph: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="9">“(9) </num> <content class="inline">to award grants for new construction as well as alterations and renovations for improvement of basic research laboratory facilities, including those related to biohazard control, as deemed necessary for the National Cancer Program.”; and</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">by inserting “<quotedText>(a)</quotedText>” after “<quotedText>410.</quotedText>” and by adding after paragraph (9) the following new subsection:</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Director of the National Cancer Institute shall provide <sidenote><p class="firstIndent1 fontsize8">Information dissemination program.</p></sidenote> and contract for a program to disseminate and interpret, on a current basis, for practitioners and other health professionals, scientists, and the general public scientific and other information respecting the cause, prevention, diagnosis, and treatment of cancer.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The Director of the National Cancer Institute shall include <sidenote><p class="firstIndent1 fontsize8">Report.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s286e">42 USC 286e</ref>.</p></sidenote> in the annual report required by section 410A(b) a report on the progress, activities, and accomplishments of, and expenditures for, the information services of the National Cancer Program.”</content> </paragraph> </subsection> </quotedContent> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="109"><inline class="smallCaps">Sec</inline>. 109. </num> <content class="inline">Section 410C of the Public Health Service Act is amended <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s286g">42 USC 286g</ref>.</p></sidenote> by striking out “<quotedText>and</quotedText>” before “$600,000,000” and by inserting before the period at the end thereof a semicolon and the following: “<quotedText>$750,000,000 for the fiscal year ending June 30, 1975; $830,000,000 for the fiscal year ending June 30, 1976; and $985,000,000 for the fiscal year ending June 30, 1977</quotedText>”.</content> </section> <page identifier="/us/stat/88/360">88 <inline class="smallCaps">Stat</inline>. 360</page> <section class="firstIndent1 fontsize10"> <num value="110"><inline class="smallCaps">Sec</inline>. 110. </num> <content class="inline">The part H of the Public Health Service Act relating to<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 135, 342.</p></sidenote> the appointment of the Directors of the National Institutes of Health and the National Cancer Institute is redesignated as part I, section 461 of such part is redesignated as section 471, and such part is amended by adding at the end the following new section: <quotedContent> <section> <heading class="smallCaps centered">“peer review of grant applications and contract projects</heading> <section class="firstIndent1 fontsize10"> <num value="472">“<inline class="smallCaps">Sec</inline>. 472. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Secretary, after consultation with the Director of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–4">42 USC 289<i>l</i>–4</ref>.</p></sidenote> the National Institutes of Health, and, where appropriate, the Directors of the National Institute of Mental Health, the National Institute on Alcohol Abuse and Alcoholism, and the National Institute on Drug Abuse, shall by regulation require appropriate scientific peer review of—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">applications made after the effective date of such regulations for grants under this Act for biomedical and behavioral research; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">biomedical and behavioral research and development contract projects to be administered after such effective date through an institute established under this title, the National Institute on Alcohol Abuse and Alcoholism, or the National Institute on Drug Abuse.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">Regulations promulgated under subsection (a) shall, to the extent practical, require that the review of grant applications required by the regulations be conducted—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">in a manner consistent with the system for scientific peer review applicable on the date of the enactment of this section to applications for grants under this Act for biomedical and behavioral research, and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">by peer review groups performing such review on or before such date.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The members of any peer review group established under such regulations shall be individuals who by virtue of their training or experience are eminently qualified to perform the review functions of the group and not more than one-fourth of the members of any peer review group established under such regulations shall be officers or employees of the United States.”</content> </subsection> </section> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="111"><inline class="smallCaps">Sec</inline>. 111. </num> <content class="inline">Section 301(h) of the Public Health Service Act is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s241">42 USC 241</ref>.</p></sidenote> amended by striking out “<quotedText>during the fiscal year ending June 30, 1966, and each of the eight succeeding fiscal years</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="112"><inline class="smallCaps">Sec</inline>. 112. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The first sentence of section 471 of the Public Health Service Act (as so redesignated by section 110) is amended to read as follows: “The Director of the National Institutes of Health shall be appointed by the President by and with the advice and consent of the Senate; and the Director of the National Cancer Institute shall be appointed by the President.”</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The amendment made by subsection (a) shall apply with respect<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l">42 USC 289<i>l</i> note</ref>.</p></sidenote> to appointments to the office of Director of the National Institutes of Health made after the date of the enactment of this Act.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="113"><inline class="smallCaps">Sec</inline>. 113. </num> <content class="inline">Section 601 of the Medical Facilities Construction and Modernization Amendments of 1970 is amended by striking out “<quotedText>ending <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s201">42 USC 201 note</ref>.</p></sidenote> prior to July 1, 1974.</quotedText>”.</content> </section> 88 Stat. 361 <num value="II">TITLE II—</num> <heading class="inline">BIOMEDICAL RESEARCH</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">There is established the President’s Biomedical <sidenote><p class="firstIndent1 fontsize8">President’s Biomedical Research Panel.</p><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s286a">42 USC 286a</ref>.</p></sidenote> Research Panel (hereinafter in this section referred to as the “Panel”) which shall be composed of (A) the Chairman of the President’s Cancer Panel (established under section 407(c) of the Public Health Service Act); and (B) six members appointed by the President who by virtue of their training, experience, and background are exceptionally qualified to carry out the duties of the Panel. At least five of the members of the Panel shall be distinguished scientists or physicians. The appointed members of the Panel shall be appointed for the life of the Panel.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The President shall designate one of the appointed members to serve as Chairman of the Panel.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Appointed members of the Panel shall each be entitled to receive <sidenote><p class="firstIndent1 fontsize8">Compensation.</p></sidenote> the daily equivalent of the annual rate of basic pay in effect for grade GS–18 of the General Schedule for each day (including traveltime) <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> during which they are engaged in the actual performance of duties vested in the Panel; and while away from their homes or regular places of business in the performance of services for the Panel, all members of the Panel shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5 of the United States Code.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">The Panel may appoint and fix the pay of such personnel as it deems necessary to carry out its duties.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">The Panel shall—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">review and assess,</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">identify and make recommendations with respect to policy issues concerning the subject and content of, and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">identify and make recommendations with respect to policy issues concerning the organization and operation of,</content> </paragraph> <continuation class="inline">biomedical and behavioral research conducted and supported under programs of the National Institutes of Health and the National Institute of Mental Health.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Not later than the expiration of the 15-month period beginning <sidenote><p class="firstIndent1 fontsize8">Report to President and Congress.</p></sidenote> on the first day of the first month that follows the date on which all of the appointed members of the Panel have taken office, the Panel shall submit simultaneously to the President and to the Congress a comprehensive report of (A) its findings made on the basis of the review and assessment conducted under clause (1) of subsection (b). and (B) the policy issues identified under clauses (2) and (3) of such subsection and the Panel’s recommendations with respect to such issues.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Panel shall terminate upon the expiration of the 18-month <sidenote><p class="firstIndent1 fontsize8">Termination.</p></sidenote> period beginning on the first day of the first month that follows the date on which all of the appointed members of the Panel have taken office.</content> </paragraph> </subsection> </section> Approved July 23, 1974.
Public Law 93–353: To amend the Public Health Service Act to revise the programs of health services research and to extend the program of assistance for medical libraries. Public Law 353 88 Stat. 362 1974-07-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 362 Public Law 93–353
An Act To amend the Public Health Service Act to revise the programs of health services research and to extend the program of assistance for medical libraries.

July 23, 1974

[H. R. 11385]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Health Services Research, Health Statistics, and Medical Libraries Act of 1974.

42 USC 242b note.
Section 1. (a) This Act may be cited as the “Health Services Research, Health Statistics, and Medical Libraries Act of 1974”. (b) Unless the context otherwise requires, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Public Health Service Act.

42 USC 201 note.
<num value="I">TITLE I—</num> <heading class="inline">HEALTH SERVICES RESEARCH AND EVALUATION; HEALTH STATISTICS</heading> <sidenote><p class="firstIndent1 fontsize8">Health Services Research and Evaluation and Health Statistics Act of 1974.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">This title may be cited as the “Health Services Research and Evaluation and Health Statistics Act of 1974”.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242b">42 USC 242b note</ref>.</p></sidenote></content> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Sections 307, 312, 312a, 313, and 315 are repealed.<sidenote><p class="firstIndent1 fontsize8">Repeals.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 306 is amended (A) by striking out “<quotedText>Surgeon General</quotedText>”<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242e/244/244a/245/247">42 USC 242e, 244, 244a, 245, 247</ref>.</p></sidenote> each place it appears and inserting in lieu thereof “<quotedText>Secretary</quotedText>”, (B) by striking out “<quotedText>309</quotedText>” each place it occurs in subsection (d) and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242d">42 USC 242d</ref>.</p></sidenote> inserting in lieu thereof “<quotedText>313</quotedText>”, and (C) by striking out subsection (e) and redesignating subsection (f) as subsection (e).</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 306 as amended by paragraph (1) is transferred to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s244–1">42 USC 244–1</ref>.</p></sidenote> part B of title III, is redesignated section 312, and is inserted after section 311.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 309 is amended (A) by striking out “<quotedText>Surgeon General</quotedText>”<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242g">42 USC 242g</ref>.</p></sidenote> each place it occurs and inserting in lieu thereof “<quotedText>Secretary</quotedText>”, and (B) by striking out “<quotedText>306(d)</quotedText>” and inserting in lieu thereof “<quotedText>312(d)</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 309, as amended by paragraph (1), is transferred to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s245a">42 USC 245a</ref>.</p></sidenote> part B of title III, is redesignated section 313, and is inserted immediately before section 314.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Section 310 is transferred to part B of title III, is redesignated<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s247d">42 USC 247d</ref>.</p></sidenote> section 319, and is inserted after section 318.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">Section 310A is transferred to title II, is redesignated section<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s235">42 USC 235</ref>.</p></sidenote> 226, and is inserted after section 225.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 310B is amended by striking out “<quotedText>304, 305,</quotedText>”.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242j">42 USC 242j</ref>.</p></sidenote></content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 310B, as amended by paragraph (1) is transferred to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s236">42 USC 236</ref>.</p></sidenote> title II, is redesignated section 227, and is inserted after section 226 (inserted by subsection (e) of this section).</content> </paragraph> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <content class="inline">Section 304 is amended to read as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242b">42 USC 242b</ref>.</p></sidenote> <quotedContent> <section> <heading class="smallCaps centered">“general authority respecting health statistics and health services research, evaluations, and demonstrations</heading> <section class="firstIndent1 fontsize10"> <num value="304">“<inline class="smallCaps">Sec</inline>. 304. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The Secretary shall—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">undertake through the National Center for Health Services Research, the National Center for Health Statistics, and such other units of the Department of Health, Education, and Welfare as he may select, and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">support,</content> </subparagraph> <continuation class="inline">health statistical activities and health services research, evaluation, and demonstrations.</continuation> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">In carrying out paragraph (1), the Secretary shall give appropriate emphasis to research and statistical activities respecting—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">the determinants of an individual’s health,</content> </subparagraph> <page identifier="/us/stat/88/363">88 <inline class="smallCaps">Stat</inline>. 363</page> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">the impact of the environment on individual health and on health care,</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">the accessibility, acceptability, planning, organization, technology, distribution, utilization, quality, and financing of systems for the delivery of health care, including systems for the delivery of preventive, personal, and mental health care, and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content class="inline">individual and community knowledge of individual health and the systems for the delivery of health care.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">To implement subsection (a), the Secretary may, in addition <sidenote><p class="firstIndent1 fontsize8">Additional authority.</p></sidenote> to any other authority which under other provisions of this Act or any other law may be used by him to implement such subsection, do the following:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">Utilize personnel and equipment, facilities, and other physical resources of the Department of Health, Education, and Welfare, permit appropriate (as determined by the Secretary) entities and individuals to utilize the physical resources of such Department, provide technical assistance and advice, make grants to public and nonprofit private entities and individuals, and enter into contracts with public and private entities and individuals, for (A) health services research, evaluation, and demonstrations, and (B) health services research and health statistics training, and (C) health statistical activities.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Admit and treat at hospitals and other facilities of the Service persons not otherwise eligible for admission and treatment at such facilities.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">Secure, from time to time and for such periods as the <sidenote><p class="firstIndent1 fontsize8">Experts and consultants.</p></sidenote> Secretary deems advisable, the assistance and advice of experts and consultants from the United States or abroad.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">Acquire, construct, improve, repair, operate, and maintain laboratory, research, and other necessary facilities and equipment, and such other real or personal property (including patents) as the Secretary deems necessary; and acquire, without regard to the Act of March 3, 1877 (40 U.S.C. 34), by lease or otherwise, through the Administrator of General Services, buildings or parts of buildings in the District of Columbia or communities located adjacent to the District of Columbia.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The Secretary shall coordinate all health services research, <sidenote><p class="firstIndent1 fontsize8">Health services and statistical activities, coordination.</p></sidenote> evaluation, demonstration, and health statistical activities undertaken and supported through units of the Department of Health, Education, and Welfare. To the maximum extent feasible, such coordination shall be carried out through the National Center for Health Services Research and the National Center for Health Statistics.”</content> </subsection> </section> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <content class="inline">Section 305 is amended to read as follows: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242c">42 USC 242c</ref>.</p></sidenote> <quotedContent> <section> <heading class="smallCaps centered">“national center for health services research</heading> <section class="firstIndent1 fontsize10"> <num value="305">“<inline class="smallCaps">Sec</inline>. 305. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There is established in the Department of Health, <sidenote><p class="firstIndent1 fontsize8">Establishment.</p></sidenote> Education, and Welfare the National Center for Health Services Research (hereinafter in this section referred to as the ‘Center’) which shall be under the direction of a Director who shall be appointed by the Secretary and supervised by the Assistant Secretary for Health (or such other officer of the Department as may be designated by the Secretary as the principal adviser to him for health programs).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">In carrying out section 304(a), the Secretary, acting through <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 362.</p></sidenote> the Center, may undertake and support research, evaluation, and demonstration projects (which may include and shall be appropriately coordinated with experiments and demonstration activities authorized by the Social Security Act and the Social Security Amendments of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote> 1967) respecting—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s302">42 USC 302 note</ref>.</p></sidenote></chapeau> <page identifier="/us/stat/88/364">88 <inline class="smallCaps">Stat</inline>. 364</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">the accessibility, acceptability, planning, organization, distribution, technology, utilization, quality, and financing of health services and systems;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">the supply and distribution, education and training, quality, utilization, organization, and costs of health manpower; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">the design, construction, utilization, organization, and cost of facilities and equipment.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <chapeau class="inline">The Secretary shall afford appropriate consideration to requests of—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">State, regional, and local health planning and health agencies,</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">public and private entities and individuals engaged in the delivery of health care, and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">other persons concerned with health services,</content> </paragraph> <continuation class="inline">to have the Center or other units of the Department of Health, Education, and Welfare undertake research, evaluations, and demonstrations respecting specific aspects of the matters referred to in subsection (b).</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Secretary shall, by grants or contracts, or both, assist<sidenote><p class="firstIndent1 fontsize8">New centers, grants to non-profit entities.</p></sidenote> public or private nonprofit entities in meeting the costs of planning and establishing new centers, and operating existing and new centers, for multidisciplinary health services, research, evaluations, and demonstrations respecting the matters referred to in subsection (b). To the extent practicable, the Secretary shall approve, in accordance with the requirements of this subsection and section 308, a number of applications <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 368.</p></sidenote> for grants and contracts under this subsection which will result in at least six of such centers (including two national special emphasis centers, one of which (to be designated as the Health Care<sidenote><p class="firstIndent1 fontsize8">Health Care Technology Center.</p></sidenote> Technology Center) shall focus on all forms of technology, including computers and electronic devices, and its applications in health care delivery; and one of which (to be designated as the Health Care Management <sidenote><p class="firstIndent1 fontsize8">Health Care Management Center.</p></sidenote> Center) shall focus on the improvement of management and organization in the health field, the training and retraining of administrators of health care enterprises, and the development of leaders, planners, and policy analysts in the health field) being operational in each fiscal year.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">No grant or contract may be made under this subsection<sidenote><p class="firstIndent1 fontsize8">Requirements for aid.</p></sidenote> for planning and establishing a center unless the Secretary determines that when it is operational it will meet the requirements listed in subparagraph (B) and no payment shall be made under a grant or contract for operation of a center unless the center meets such requirements.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">The requirements referred to in subparagraph (A) are as follows:</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">There shall be a full-time director of the center who possesses a demonstrated capacity for sustained productivity and leadership in health services research, demonstrations, and evaluations, and there shall be such additional full-time professional staff as may be appropriate.</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">The staff of the center shall represent all relevant disciplines.</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">The center shall (I) be located within an established academic or research institution with departments and resources appropriate to the programs of the center, and (II) have working relationships with health service delivery systems where experiments in health services may be initiated and evaluated.</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content class="inline">The center shall select problems in health services for research, demonstrations, and evaluations on the basis of (I) their regional or national importance, (II) the unique potential<page identifier="/us/stat/88/365">88 <inline class="smallCaps">Stat</inline>. 365</page> for definitive research on the problem, and (III) opportunities for local application of the research findings.</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="v">“(v) </num> <content class="inline">Such additional requirements as the Secretary may by regulation prescribe.</content> </clause> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content class="inline">The authority of the Secretary under section 304(b) shall be <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 362.</p></sidenote> available to him with respect to the undertaking and support of projects under subsections (b), (c), and (d) of this section.”</content> </subsection> </section> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <content class="inline">The following new section is inserted in part A of title III after section 305: <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 363.</p></sidenote> <quotedContent> <section> <heading class="smallCaps centered">“national center for health statistics</heading> <section class="firstIndent1 fontsize10"> <num value="306">“<inline class="smallCaps">Sec</inline>. 306. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There is established in the Department of Health, <sidenote><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242k">42 USC 242k</ref>.</p></sidenote> Education, and Welfare the National Center for Health Statistics (hereinafter in this section referred to as the ‘Center’) which shall be under the direction of a Director who shall be appointed by the Secretary and supervised by the Assistant Secretary for Health (or such other officer of the Department as may be designated by the Secretary as the principal adviser to him for health programs).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">In carrying out section 304(a), the Secretary, acting through <sidenote><p class="firstIndent1 fontsize8">Duties.</p></sidenote> the Center, may—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">collect statistics on—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">the extent and nature of illness and disability of the population of the United States (or of any groupings of the people included in the population), including life expectancy, the incidence of various acute and chronic illnesses, and infant and maternal morbidity and mortality,</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">the impact of illness and disability of the population on the economy of the United States and on other aspects of the well-being of its population (or of such groupings),</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">environmental, social, and other health hazards,</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content class="inline">determinants of health,</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="E">“(E) </num> <content class="inline">health resources, including physicians, dentists, nurses, and other health professionals by specialty and type of practice and the supply of services by hospitals, extended care facilities, home health agencies, and other health institutions,</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="F">“(F) </num> <content class="inline">utilization of health care, including utilization of (i) ambulatory health services by specialties and types of practice of the health professionals providing such services, and (ii) services of hospitals, extended care facilities, home health agencies, and other institutions,</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="G">“(G) </num> <content class="inline">health care costs and financing, including the trends in health care prices and cost, the sources of payments for health care services, and Federal, State, and local governmental expenditures for health care services, and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="H">“(H) </num> <content class="inline">family formation, growth, and dissolution; and</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">undertake and support (by grant or contract) research, demonstrations, and evaluations respecting new or improved methods for obtaining current data on the matters referred to in paragraph (1).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The Center shall furnish such special statistical compilations <sidenote><p class="firstIndent1 fontsize8">Statistical compilations and surveys to congressional committees.</p></sidenote> and surveys as the Committee on Labor and Public Welfare and the Committee on Appropriations of the Senate and the Committee on Interstate and Foreign Commerce and the Committee on Appropriations of the House of Representatives may request. Such statistical compilations and surveys shall not be made subject to the payment of the actual or estimated cost of the preparation of such compilations and surveys.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">To insure comparability and reliability of health statistics. <sidenote><p class="firstIndent1 fontsize8">Technical aid to States and localities.</p></sidenote> the Secretary shall, through the Center, provide adequate technical<page identifier="/us/stat/88/366">88 <inline class="smallCaps">Stat</inline>. 366</page> assistance to assist State and local jurisdictions in the development of model laws dealing with issues of confidentiality and comparability of data.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content class="inline">The Secretary shall (1) assist State and local health agencies, and Federal agencies involved in matters relating to health, in the design and implementation of a cooperative system for producing comparable and uniform health information and statistics at the Federal, State, and local levels; (2) coordinate the activities of such Federal agencies respecting the design and implementation of such cooperative system; (3) undertake and support (by grant or contract) research, development, demonstrations, and evaluations respecting such cooperative system; (4) provide the Federal share of the data collection costs under such system; and (5) review statistical activities of the Department of Health, Education, and Welfare to assure that they are consistent with such cooperative system.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <content class="inline">To assist, in carrying out this section, the Secretary shall<sidenote><p class="firstIndent1 fontsize8">Federal-state cooperation.</p></sidenote> cooperate and consult with the Departments of Commerce and Labor and any other interested Federal departments or agencies and with State and local health departments and agencies. For such purpose he shall utilize insofar as possible the services or facilities of any agency of the Federal Government and, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5), of any appropriate State or other public agency, and may, without regard to such section, utilize the services or facilities of any private agency, organization, group, or individual, in accordance with written agreements between the head of such agency, organization, or group and the Secretary or between such individual and the Secretary. Payment, if any, for such services or facilities shall be made in such amounts as may be provided in such agreement.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">“(g) </num> <content class="inline">To secure uniformity in the registration and collection of<sidenote><p class="firstIndent1 fontsize8">Data collection forms.</p></sidenote> mortality, morbidity, and other health data, the Secretary shall prepare and distribute suitable and necessary forms for the collection and compilation of such data which shall be published as a part of the health reports published by the Secretary.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">“(h) </num> <content class="inline">There shall be an annual collection of data from the records<sidenote><p class="firstIndent1 fontsize8">Registration area records.</p></sidenote> of births, deaths, marriages, and divorces in registration areas. The data shall be obtained only from and restricted to such records of the States and municipalities which the Secretary, in his discretion, determines possess records affording satisfactory data in necessary detail and form. Each State or registration area shall be paid by the Secretary the Federal share of its reasonable costs (as determined by the Secretary) for collecting and transcribing (at the request of the Secretary and by whatever method authorized by him) its records for such data.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">There is established in the Office of the Secretary a committee<sidenote><p class="firstIndent1 fontsize8">United States National Committee on Vital and Health Statistics.</p></sidenote> to be known as the United States National Committee on Vital and Health Statistics (hereinafter in this subsection referred to as the ‘Committee’) which shall consist of fifteen members.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">The members of the Committee shall be appointed by the<sidenote><p class="firstIndent1 fontsize8">Establishment; membership.</p></sidenote> Secretary from among persons who have distinguished themselves in the fields of health statistics, epidemiology, and the provision of health services. Except as provided in subparagraph (B) , members of the Committee shall be appointed for terms of three years.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">Of the members first appointed—</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">five shall be appointed for terms of one year,</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">five shall be appointed for terms of two years, and</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">five shall be appointed for terms of three years,</content> </clause> </subparagraph> <continuation class="inline">as designated by the Secretary at the time of appointment. Any member appointed to fill a vacancy occurring prior to the expiration<page identifier="/us/stat/88/367">88 <inline class="smallCaps">Stat</inline>. 367</page> of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of his term until his successor has taken office.</continuation> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">Members of the Committee shall be compensated in accordance <sidenote><p class="firstIndent1 fontsize8">Compensation.</p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 369.</p></sidenote> with section 208 (c). </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau class="inline">It shall be the function of the Committee to assist and <sidenote><p class="firstIndent1 fontsize8">Functions.</p></sidenote> advise the Secretary—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">to delineate statistical problems bearing on health and health services which are of national or international interest;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">to stimulate studies of such problems by other organizations and agencies whenever possible or to make investigations of such problems through subcommittees;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">to determine, approve, and revise the terms, definitions, classifications, and guidelines for assessing health status and health services, their distribution and costs, for use (i) within the Department of Health, Education, and Welfare, (ii) by all programs administered or funded by the Secretary, including the Federal-State-local cooperative health statistics system referred to in subsection (e), and (iii) to the extent possible as determined by the head of the agency involved, by the Veterans’ Administration, the Department of Defense, and other Federal agencies concerned with health and, health services;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content class="inline">with respect to the design of and approval of health statistical and health information systems concerned with the collection, processing, and tribulation of health statistics within the Department of Health, Education, and Welfare;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="E">“(E) </num> <content class="inline">to review and comment on findings and proposals developed by other organizations and agencies and to make recommendations for their adoption or implementation by local, State, national, or international agencies;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="F">“(F) </num> <content class="inline">to cooperate with national committees of other countries and with the World Health Organization and other national agencies in the studies of problems of mutual interest; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="G">“(G) </num> <content class="inline">to issue an annual report on the state of the Nation’s health, its health services, their costs and distributions, and to make proposals for improvement of the Nation’s health Statistics and health information systems.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">In carrying out health statistical activities under this part, the Secretary shall consult with, and seek the advice of, the Committee and other appropriate professional advisory groups.”</content> </paragraph> </subsection> </section> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <content class="inline">Section 308 is redesignated as section 307 and is amended <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242f">42 USC 242f</ref>.</p></sidenote> to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“international cooperation</heading> <section class="firstIndent1 fontsize10"> <num value="307">“<inline class="smallCaps">Sec</inline>. 307. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">For the purpose of advancing the status of the health <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242l">42 USC 242<i>l</i></ref>.</p></sidenote> sciences in the United States and thereby the health of the American people), the Secretary may participate with other countries in cooperative endeavors in biomedical research and the health services research and statistical activities authorized by sections 304, 305, and 306. <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 362, 363, 365.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">In connection with the cooperative endeavors authorized by subsection (a) , the Secretary may—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">make such use of resources offered by participating foreign countries as he may find necessary and appropriate;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">establish and maintain fellowships m the United States and in participating foreign countries;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">make grants to public institutions or agencies and to nonprofit private institutions or agencies in the United States and in participating foreign countries for the purpose of establishing and maintaining the fellowships authorized by paragraph (2);</content> </paragraph> <page identifier="/us/stat/88/368">88 <inline class="smallCaps">Stat</inline>. 368</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">make grants or loans of equipment and materials, for use by public or nonprofit private institutions or agencies, or by individuals, in participating foreign countries;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">participate and otherwise cooperate in any international meetings, conferences, or other activities concerned with biomedical research, health services research, or health statistics;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">facilitate the interchange between the United States and<sidenote><p class="firstIndent1 fontsize8">Interchange of scientists and experts.</p></sidenote> participating foreign countries, and among participating foreign countries, of research scientists and experts who are engaged in experiments and programs of biomedical research, health services research, and health statistical activities, and in carrying out such purpose may pay per diem compensation, subsistence, and travel for such scientists and experts when away from their places of residence at rates not to exceed those provided in section 5703(b) of title 5, United States Code, for persons in the Government service employed intermittently; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">“(7) </num> <content class="inline">procure, in accordance with section 3109 of title 5, United States Code, the temporary or intermittent services of experts or consultants.</content> </paragraph> </subsection> <continuation class="inline">The Secretary may not, in the exercise of his authority under this section, provide financial assistance for the construction of any facility in any foreign country.”.</continuation> </section> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Part A of title III is amended by inserting after section 307 (as so redesignated) the following new sections:<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 367.</p></sidenote> <quotedContent> <section> <heading class="smallCaps centered">“general provisions respecting sections 304, 305, 306, and 307</heading> <sidenote><p class="firstIndent1 fontsize8">42 USC 242m.</p><p class="firstIndent1 fontsize8">Report to Congress.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 362, 363, 365, 367.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="308">“<inline class="smallCaps">Sec</inline>. 308. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Not later than September 1 of each year, the Secretary shall make a report to Congress respecting (A) the administration of sections 304 through 307 during the preceding fiscal year, and (B) the current state and progress of health services research and health statistics.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">The Secretary, acting through the National Center for Health<sidenote><p class="firstIndent1 fontsize8">Reports to President and Congress.</p></sidenote> Services Research and the National Center for Health Statistics, shall assemble and submit to the President and the Congress not later than September 1 of each year the following reports:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">A report on health care costs and financing. Such report shall include a description and analysis of the statistics collected under section 306(b) (1) (G).<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 365.</p></sidenote></content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">A report on health resources. Such report shall include a description and analysis, by geographic area, of the statistics collected under section 306 (b) (1) (E).</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">A report on the utilization of health resources. Such report shall include a description and analysis, by age, sex, income, and geographic area, of the statistics collected under section 306 (b) (1) (F).</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content class="inline">A report on the health of the Nation’s people. Such report shall include a description and analysis, by age, sex, income, and geographic area, of the statistics collected under section 306(b) (1) (A).</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The Office of Management and Budget may review any report<sidenote><p class="firstIndent1 fontsize8">OMB review.</p></sidenote> required by paragraph (1) or (2) of this subsection before its submission to Congress, but the Office may not revise any such report or delay its submission beyond the date prescribed for its submission, and may submit to Congress its comments respecting any such report.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">No grant or contract may be made under section 304, 305,<sidenote><p class="firstIndent1 fontsize8">Application submittal.</p></sidenote> 306, or 307 unless an application therefor has been submitted to the Secretary in such form and manner, and containing such information, as the Secretary may by regulation prescribe.</content> </paragraph> <page identifier="/us/stat/88/369">88 <inline class="smallCaps">Stat</inline>. 369</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Each application submitted for a grant or contract under section <sidenote><p class="firstIndent1 fontsize8">Applicant review panel.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 362, 363.</p></sidenote> 304 or 305, in an amount exceeding $35,000 of direct costs and for a health services research, evaluation, or demonstration project, shall be submitted by the Secretary for review for scientific merit to a panel of experts appointed by him, from persons who are not officers or employees of the United States and who possess qualifications relevant to the project for which the application was made. A panel to which an application is submitted under this paragraph shall report its findings and recommendations respecting the application to the Secretary in such form and manner as the Secretary shall by regulation prescribe. <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 365.</p></sidenote></content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">If an application is submitted under section 304, 305, or 306 for a grant or contract for a project for which a grant or contract may be made or entered into under another provision of this Act, such application may not be approved under section 304, 305, or 306 and funds appropriated under this section may not be obligated for such grant or contract. The applicant who submitted such application shall be notified of the other provision (or provisions) of this Act under which such application may be submitted.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The aggregate number of grants and contracts made or entered <sidenote><p class="firstIndent1 fontsize8">Limited grants.</p></sidenote> into under sections 304 and 305 for any fiscal year respecting a particular means of delivery of health services or another particular aspect of health services may not exceed twenty; and the aggregate amount of funds obligated under grants and contracts under such sections for any fiscal year respecting a particular means of delivery of health services or another particular aspect of health services may not exceed $5,000,000.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">No information obtained in the course of activities undertaken <sidenote><p class="firstIndent1 fontsize8">Information publication restrictions.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 367.</p></sidenote> or supported under section 304, 305, 306, or 307 may be used for any purpose other than the purpose for which it was supplied unless authorized under regulations of the Secretary; and (1) in the case of information obtained in the course of health statistical activities under section 304 or 306, such information may not be published or released in other form if the particular establishment or person supplying the information or described in it is identifiable unless such establishment or person has consented (as determined under regulations of the Secretary) to its publication or release in other form, and (2) in the case of information obtained in the course of health services research, evaluations, or demonstrations under section 304 or 305, such information may not be published or released in other form if the person who supplied the information or who is described in it is identifiable unless such person has consented (as determined under regulations of the Secretary) to its publication or release in other form.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Payments of any grant or under any contract under section <sidenote><p class="firstIndent1 fontsize8">Payment procedures.</p></sidenote> 304, 305, 306, or 307 may be made in advance or by way of reimbursement, and in such installments and on such conditions, as the Secretary deems necessary to carry out the purposes of such section.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">The amounts otherwise payable to any person under a grant or contract made under section 304, 305, 306, or 307 shall be reduced by—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">amounts equal to the fair market value of any equipment or supplies furnished to such person by the Secretary for the purpose of carrying out the project with respect to which such grant or contract is made, and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">amounts equal to the pay, allowances, traveling expenses, and related personnel expenses attributable to the performance of services by an officer or employee of the Government in connection with such project, if such officer or employee was assigned or detailed by the Secretary to perform such services,</content> </subparagraph> <continuation class="inline">but only if such person requested the Secretary to furnish such equipment or supplies, or such services, as the case may be.</continuation> </paragraph> </subsection> <page identifier="/us/stat/88/370">88 <inline class="smallCaps">Stat</inline>. 370</page> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <content class="inline">Contracts may be entered into under section 304, 305, or 306<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 362, 363, 365.</p></sidenote> without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">“(g) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The Secretary shall—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">publish, make available and disseminate, promptly in<sidenote><p class="firstIndent1 fontsize8">Research results, publication.</p></sidenote> understandable form and on as broad a basis as practicable, the results of health services research, demonstrations, and evaluations undertaken and supported under sections 304 and 305;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">make available to the public data developed in such research, demonstrations, and evaluations; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">provide indexing, abstracting, translating, publishing,<sidenote><p class="firstIndent1 fontsize8">Indexing, abstracting, and other services.</p></sidenote> and other services leading to a more effective and timely dissemination of information on health services research, demonstrations, and evaluations in health care delivery to public and private entities and individuals engaged in the improvement of health care delivery and the general public; and undertake programs to develop new or improved methods for making such information available.</content> </subparagraph> <continuation class="inline">Except as provided in subsection (d ) , the Secretary may not restrict the publication and dissemination of data from, and results of projects undertaken by, centers supported under section 305 (d).</continuation> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The Secretary shall (A) take such action as may be necessary to assure that statistics developed under sections 304,305, and 306 are of high quality, timely, comprehensive as well as specific, standardized, and adequately analyzed and indexed, and (B) publish, make available, <sidenote><p class="firstIndent1 fontsize8">Statistics, publication.</p></sidenote> and disseminate such statistics on as wide a basis as is practicable.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">“(h) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Except where the Secretary determines that unusual circumstances make a larger percentage necessary in order to effectuate the purposes of section 304, 305, or 306, a grant or contract under section 304, 305, or 306 with respect to any project for construction of a facility or for acquisition of equipment may not provide for payment of more than 50 per centum of so much of the cost of the facility or equipment as the Secretary determines is reasonably attributable to research, evaluation, or demonstration purposes.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Laborers and mechanics employed by contractors and subcontractors <sidenote><p class="firstIndent1 fontsize8">Laborers and mechanics, wage rate.</p></sidenote> in the construction of such a facility shall be paid wages at rates not less than those prevailing on similar work in the locality, as determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (40 U.S.C. 267a–267a–5, known as the Davis-Bacon Act) ; and the Secretary of Labor shall have with respect to any labor<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s276a">40 USC 276a note</ref>.</p></sidenote> standards specified in this paragraph the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. Appendix) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/sII">5 USC app. II</ref>.</p><p class="firstIndent1 fontsize8">Regulations.</p></sidenote></content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">Such grants and contracts shall be subject to such additional requirements as the Secretary may by regulation prescribe.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">For health service research, evaluation, and demonstration activities undertaken or supported under section 304 or 305, there are authorized to be appropriated $65,200,000 for the fiscal year ending June 30, 1975, and $80,000,000 for the fiscal year ending June 30, 1976. Of the funds appropriated under this paragraph for any fiscal year,<sidenote><p class="firstIndent1 fontsize8">Appropriations.</p></sidenote> not less than 25 per centum of such funds shall be made available only for health services research, evaluation, and demonstration activities directly undertaken by the Secretary under such section.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">For health statistical activities undertaken or supported under section 304 or 306, there are authorized to be appropriated $30,000,000 for the fiscal year ending June 30, 1975, and $30,000,000 for the fiscal year ending June 30, 1976.</content> </paragraph> </subsection> </section> </section> <page identifier="/us/stat/88/371">88 <inline class="smallCaps">Stat</inline>. 371</page> <section> <heading class="smallCaps centered">“health conferences</heading> <section class="firstIndent1 fontsize10"> <num value="309">“<inline class="smallCaps">Sec</inline>. 309. </num> <content class="inline">A conference of the health authorities in and among the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242n">42 USC 242n</ref>.</p></sidenote> several States shall be called annually by the Secretary. Whenever in his opinion the interests of the public health would be promoted by a conference, the Secretary may invite as many of such health authorities and officials of other State or local public or private agencies, institutions, or organizations to confer as he deems necessary or groper. Upon the application of health authorities of five or more States it shall be the duty of the Secretary to call a conference of all State health authorities joining in the request. Each State represented at any conference shall be entitled to a single vote. Whenever at any such conference matters relating to mental health are to be discussed, the mental health authorities of the respective States shall be invited to attend.</content> </section> </section> <section> <heading class="smallCaps centered">“health education and information</heading> <section class="firstIndent1 fontsize10"> <num value="310">“<inline class="smallCaps">Sec</inline>. 310. </num> <content class="inline">From time to time the Secretary shall issue information <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2420">42 USC 2420</ref>.</p></sidenote> related to public health, in the form of publications or otherwise, for the use of the public, and shall publish weekly reports of health conditions in the United States and other countries and other pertinent health information for the use of persons and institutions concerned with health services.”</content> </section> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The authorizations of appropriations provided by section 308 (i) <sidenote><p class="firstIndent1 fontsize8">Appropriation extension.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242m">42 USC 242m note</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 368.</p></sidenote> of the Public Health Service Act is extended for the fiscal year ending June 30, 1977, in the amounts authorized for the preceding fiscal year unless before June 30, 1976, Congress has passed legislation repealing this subsection.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="108"><inline class="smallCaps">Sec</inline>. 108. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Subject to regulations of the President, lightkeepers, <sidenote><p class="firstIndent1 fontsize8">Former Lighthouse Service employees, medical service eligibility.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s253b">42 USC 253b</ref>.</p></sidenote> assistant lightkeepers, and officers and crews of vessels of the former Lighthouse Service, including any such persons who subsequent to June 30, 1939, were involuntarily assigned to other civilian duty in the Coast Guard, who were entitled to medical relief at hospitals and other stations of the Public Health Service prior to July 1, 1944, and who retired under the provisions of section 6 of the Act of June 20, 1918 (40 U.S.C. 763), shall be entitled to medical, surgical, and dental <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s763">33 USC 763</ref>.</p></sidenote> treatment and hospitalization at hospitals and other stations of the Public Health Service.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Subsection (a) shall be effective from December 28, 1973. <sidenote><p class="firstIndent1 fontsize8">Effective date.</p></sidenote></content> </subsection> </section> <num value="II">TITLE II—</num> <heading class="inline">REVISION AND EXTENSION OF MEDICAL LIBRARY ASSISTANCE PROGRAMS</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Effective July 1, 1974, section 390 is amended by adding <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b">42 USC 280b</ref>.</p></sidenote> after subsection (b) the following new subsection: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">For the purpose of grants and contracts under sections 393, <sidenote><p class="firstIndent1 fontsize8">Appropriation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b–3/280b–8">42 USC 280b–3 to 280b–8</ref>.</p></sidenote> 394, 395, 396, and 397, there are authorized to be appropriated $17,500,000 for the fiscal year ending June 30, 1975, and $20,000,000 for the fiscal year ending June 30, 1976.”</content> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The section heading for such section is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“declaration of policy, statement of purpose, and authorization of appropriations”.</heading> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The authorization of appropriations provided by section 390(c) <sidenote><p class="firstIndent1 fontsize8">Extension.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b">42 USC 280b note</ref>.</p><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote> of the Public Health Service Act is extended for the fiscal year ending June 30, 1977, in the amount authorized for the preceding fiscal year<page identifier="/us/stat/88/372">88 <inline class="smallCaps">Stat</inline>. 372</page> unless before June 30, 1976, Congress has passed legislation repealing this subsection.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Subsection (b) of section 390 is amended by striking<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b">42 USC 280b</ref>.</p></sidenote> out paragraph (1) and by redesignating paragraphs (2) through (7) as paragraphs (1) through (6), respectively.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">Section 391 is amended—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b–1">42 USC 280b–1</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by inserting “<quotedText>and</quotedText>” at the end of paragraph (2),</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out paragraph (3), and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">by redesignating clause (4) as paragraph (3).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Section 392(b) is amended to read as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b–2">42 USC 280b–2</ref>.</p></sidenote> <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">The Board shall advise and assist the Secretary in the preparation of general regulations and with respect to policy matters arising in the administration of this part.”<sidenote><p class="firstIndent1 fontsize8">Repeal.</p></sidenote></content> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Section 393 is repealed.<sidenote><p class="firstIndent1 fontsize8">42 USC 280b–3.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <chapeau class="inline">Section 397(b) is amended—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b–8">42 USC 280b–8</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by inserting “<quotedText>and</quotedText>” at the end of paragraph (4),</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out “<quotedText> ; and</quotedText>” at the end of paragraph (5) and inserting in lieu thereof a period, and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">by striking out paragraph (6).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <content class="inline">The first sentence of section 397(d) is repealed.<sidenote><p class="firstIndent1 fontsize8">Repeal.</p></sidenote></content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The first sentence of section 394(a) is repealed; and<sidenote><p class="firstIndent1 fontsize8">Repeals.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b–4">42 USC 280b–4</ref>.</p></sidenote> the second sentence of such section is amended by striking out “<quotedText>Sums made available under this section shall be utilized by the Secretary in making</quotedText>” and inserting in lieu thereof “<quotedText>To carry out the purposes of section 390 (b) (1), the Secretary shall make</quotedText>”.<sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The first and second sentences of section 395 (a) are repealed;<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b–5">42 USC 280b–5</ref>.</p></sidenote> and the third sentence of such section is amended by striking out “<quotedText>Sums made available under this subsection shall be utilized by the Secretary to</quotedText>” and inserting in lieu thereof “<quotedText>To carry out the purposes of section 390 (b) (2), the Secretary shall</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The first and second sentences of section 395(b) are repealed; and the third sentence of such section is amended (A) by striking out “<quotedText>Sums made available under this subsection shall be utilized by the Secretary in making</quotedText>” and inserting in lieu thereof “<quotedText>To carry out the purposes of section 390(b) (3), the Secretary shall make</quotedText>”, and (B) by<sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote> striking out “<quotedText>entering into contracts</quotedText>” and inserting in lieu thereof “<quotedText>enter into contracts</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The first sentence of section 396(b) is amended by striking<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b‒7">42 USC 280b‒7</ref>.</p></sidenote> out “<quotedText>Sums made available under this section shall be utilized by the Secretary for making</quotedText>” and inserting in lieu thereof “<quotedText>To carry out the purposes of section 390 (b) (4), the Secretary shall make</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Clauses (A) , (B) , (C) , and (D) of section 396(b) are redesignated as clauses (1), (2), (3) ,and (4),respectively.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Subsection (a) of section 396 is repealed and subsections (b) and (c) of such section are redesignated as subsections (a) and (b) , respectively.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The first sentence of section 397(a) is repealed; and the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b–8">42 USC 280b–8</ref>.</p></sidenote> second sentence of such section is amended by striking out “<quotedText>Sums made available under this section shall be utilized by the Secretary, with the advice of the Board, to make</quotedText>” and inserting in lieu thereof “<quotedText>To carry out the purposes of section 390(b) (5), the Secretary, with the advice of the Board, shall make</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The section heading for section 397 is amended by inserting “<quotedText><inline class="smallCaps">and contracts</inline></quotedText>” after “<inline class="smallCaps">grants</inline>”.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">The first and second sentences of section 398(a) are repealed;<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b–9">42 USC 280b–9</ref>.</p></sidenote> and the third sentence of such section is amended by striking out “<quotedText>Sums made available under this section shall be utilized by the Secretary, with the advice of the Board, in making grants to, and enter-<page identifier="/us/stat/88/373">88 <inline class="smallCaps">Stat</inline>. 373</page>ing into appropriate contracts</quotedText>” and inserting in lieu thereof “<quotedText>To carry out the purposes of section 390(b) (6), the Secretary, with the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b">42 USC 280b</ref>.</p></sidenote> advice of the Board, shall make grants to, and enter into appropriate contracts</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <content class="inline">Section 399b is repealed; and sections 394 through 399a <sidenote><p class="firstIndent1 fontsize8">Repeal.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b–12">42 USC 280b–12</ref>.</p></sidenote> are redesignated as sections 393 through 399, respectively.</content> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <content class="inline">The amendments made by sections 202, 203, and 204 shall <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b">42 USC 280b note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b">42 USC 280b</ref>.</p></sidenote> apply with respect to appropriations under part J of the Public Health Service Act for fiscal years beginning after June 30, 1974.</content> </section> Approved July 23, 1974.
Public Law 93–354: To amend the Public Health Service Act to provide for greater and more effective efforts in research and public education with regard to diabetes mellitus. Public Law 354 88 Stat. 373 1974-07-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–354
An Act To amend the Public Health Service Act to provide for greater and more effective efforts in research and public education with regard to diabetes mellitus.

July 23, 1974

[S. 2830]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

National Diabetes Research and Education Act.
short title
Section 1. This Act may be cited as the “National Diabetes Mellitus Research and Education Act”.

42 USC 289c–2 note.
findings and declaration of purpose
Sec. 2. (a) The Congress makes the following findings:

42 USC 289c–2 note.

 (1) Diabetes mellitus is a major health problem in the United States which directly affects perhaps as many as ten million Americans and indirectly affects perhaps as many as fifty million Americans who will pass the tendency to develop diabetes mellitus to their children or grandchildren or to both. (2) Diabetes mellitus is a family of diseases that has an impact on virtually all biological systems of the human body. (3) Diabetes mellitus is the fifth leading cause of death from disease, and it is the second leading cause of new cases of blindness. (4) The severity of diabetes mellitus in children and most adolescents is greater than in adults, which in most cases involves greater problems in the management of the disease. (5) The complications of diabetes mellitus, particularly cardiovascular degeneration, lead to many other serious health problems. (6) Uncontrolled diabetes mellitus significantly decreases life expectancy. (7) There is convincing evidence that the known prevalence of diabetes mellitus has increased dramatically in the past decade. (8) The citizens of the United States should have a full understanding of the nature of the impact of diabetes mellitus. (9) The attainment of better methods of diagnosis and treatment of diabetes mellitus deserves the highest priority. (10) The establishment of regional diabetes research and training centers throughout the country is essential for the development of scientific information and appropriate therapies to deal with diabetes mellitus. (11) In order to provide for the most effective program against diabetes mellitus it is important to mobilize the resources of the National Institutes of Health as well as the public and private organizations capable of the necessary research and public education in the disease. 88 Stat. 374 (b) It is the purpose of this Act to— (1) expand the authority of the National Institutes of Health to advance the national attack on diabetes mellitus; and (2) as part of that attack, to establish a long-range plan to— (A) expand and coordinate the national research effort against diabetes mellitus; (B) advance activities of patient education, professional education, and public education which will alert the citizens of the United States to the early indications of diabetes mellitus; and (C) to emphasize the significance of early detection, proper control, and complications which may evolve from the disease.
diabetes plan
Sec. 3. (a) The Director of the National Institutes of Health shall,

National Commission on Diabetes.

Establishment.

42 USC 289c–2 note.

Membership.

 within sixty days of the date of the enactment of this section, establish a National Commission on Diabetes (hereinafter in this section referred to as the “Commission”). (b) The Commission shall be composed of seventeen members as follows: (1) The Directors of the seven Institutes referred to in subsection (e). (2) Six members appointed by the Secretary of Health, Education, and Welfare from scientists or physicians who are not in the employment of the Federal Government and who represent the various specialties and disciplines involving diabetes mellitus and related endocrine and metabolic diseases. (3) Four members appointed by the Secretary of Health, Education, and Welfare from the general public. At least two of the members appointed pursuant to this paragraph shall be diabetics or parents of diabetics. The members of the Commission shall select a chairman from among their own number. (c) The Commission may appoint an executive director and such

Director and personnel.

 additional personnel as it determines are necessary for the performance of the Commission’s functions. (d) Members of the Commission who are officers or employees of the

Compensation.

Federal Government shall serve as members of the Commission without compensation in addition to that received in their regular public employment. Members of the Commission who are not officers or employees of the Federal Government shall each receive the daily

5 USC 5332 note.

 equivalent of the rate in effect for grade GS-18 of the General Schedule for each day (including traveltime) they are engaged in the performance of their duties as members of the Commission. All members of

Travel expenses.

 the Commission shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties as members of the Commission. (e) The Commission shall formulate a long-range plan to combat diabetes mellitus with specific recommendations for the utilization and organization of national resources for that purpose. Such a plan shall be based on a comprehensive survey investigating the magnitude of diabetes mellitus, its epidemiology, and its economic and social consequences and on an evaluation of available scientific information and the national resources capable of dealing with the problem. The plan shall include a plan for a coordinated research program encompassing programs of the National Institute of Arthritis, Metabolism, and Digestive Diseases, the National Eye Institute, the National Institute of Neurological Diseases, the National Heart and Lung Institute, the88 Stat. 375 National Institute of General Medical Sciences, the National Institute of Child Health and Human Development, and the National Institute of Dental Research, and other Federal and non-Federal programs. The coordinated research program shall provide for—

Investigation, studies and research programs.

 (1) investigation in the epidemiology, etiology, prevention, and control of diabetes mellitus, including investigation into the social, environmental, behavioral, nutritional, biological, and genetic determinants and influences involved in the epidemiology, etiology, prevention, and control of diabetes mellitus; (2) studies and research into the basic biological processes and mechanisms involved in the underlying normal and abnormal phenomena associated with diabetes mellitus, including abnormalities of the skin, cardiovascular system, kidneys, eyes, and nervous system, and evaluation of influences of other endocrine hormones on the etiology, treatment, and complications of diabetes mellitus; (3) research into the development, trial, and evaluation of techniques and drugs used in, and approaches to, the diagnosis, treatment, and prevention of diabetes mellitus; (4) establishment of programs that will focus and apply scientific and technological efforts involving biological, physical, and engineering science to all facets of diabetes mellitus; (5) establishment of programs for the conduct and direction of field studies, large-scale testing and evaluation, and demonstration of preventive diagnostic, therapeutic, rehabilitative, and control approaches to diabetes mellitus; (6) the education and training of scientists, clinicians, educators, and allied health personnel in the fields and specialties requisite to the conduct of programs respecting diabetes mellitus; (7) a system for the collection, analysis, and dissemination of all data useful in the prevention, diagnosis, and treatment of diabetes mellitus; (8) appropriate distribution of resources between basic and applied research. The long-range plan formulated under this subsection shall also include within its scope related endocrine and metabolic diseases and basic biological processes and mechanisms, the better understanding of which is essential to the solution of the problem of diabetes mellitus. (f) In the development of the long-range plan under subsection (e), attention shall be given to means to assure continued development of knowledge, and dissemination of such knowledge to the public, which would form the basis of future advances in the understanding, treatment, and control of diabetes mellitus. (g) The Commission may hold such hearings, take such testimony,

Hearings.

 and sit and act at such time and places as the Commission deems advisable to develop the long-range plan required by subsection (e). (h) (1) The Commission shall prepare for each of the Institutes

Budget estimates.

 whose programs are to be encompassed by the plan for a coordinated diabetes research program described in subsection (e) budget estimates for each Institute’s part of such program. The budget estimates shall be prepared for the fiscal year ending June 30, 1976, and for each of the next two fiscal years. (2) Within five days after the Budget for the fiscal year ending

Budget estimates from HEW, transmittal to congressional committees.

 June 30, 1976, and the Budget for each of the next two fiscal years is transmitted by the President to the Congress the Secretary shall transmit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Labor and Public Welfare88 Stat. 376 of the Senate, and the Committee on Interstate and Foreign Commerce of the House of Representatives an estimate of the amounts requested for each of the Institutes for diabetes research, and a comparison of such amounts with the budget estimates prepared by the Commission under paragraph (1). (i) (1) The Commission shall publish and transmit directly to the

Final report to Congress.

 Congress (without prior administrative approval) a final report within nine months after the date funds are first appropriated for the implementation of this section. Such report shall contain the long-range plan required by subsection (e), the budget estimates required by subsection (h), and any recommendations of the Commission for legislation. (2) The Commission shall cease to exist on the thirtieth day following

Termination.

 the date of the submission of its final report pursuant to paragraph (1) of this subsection. (j) There are authorized to be appropriated to carry out the purposes

Appropriation.

 of this section $1,000,000.
diabetes mellttus prevention and control programs
Sec. 4. Section 317 of the Public Health Service Act is amended—

42 USC 247b.

 (1) by striking out “communicable disease control” each place it occurs and inserting in lieu thereof “communicable and other disease control”; (2) by striking out “communicable diseases” in subsection (a) and inserting in lieu thereof “communicable or other diseases”; (3) by striking out “communicable disease program” in subsection (a) and inserting in lieu thereof “communicable or other disease control program”; (4) by striking out “communicable disease” in subsection (b) (2) (C) (i) and inserting in lieu thereof “communicable or other disease”; (5) by striking out “Rh disease,” in subsection (h) (1) and by inserting “diabetes mellitus and Rh disease and” before “tuberculosis” in that subsection; and (6) by striking out “COMMUNICABLE” in the section heading.
research and training centers ; diabetes coordinating committee and general authority
Sec. 5. (a) Part D of title IV of the Public Health Service Act is amended by adding at the end thereof the following new sections:
“diabetes research and training centers
“Sec. 435. (a) Consistent with applicable recommendations of the

42 USC 289c–2.

 National Commission on Diabetes, the Secretary shall provide for the development, or substantial expansion, of centers for research and training in diabetes mellitus and related endocrine and metabolic disorders. Each center developed or expanded under this section shall (1) utilize the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting such research and training qualifications as may be prescribed by the Secretary; and (2) conduct (A) research in the diagnosis and treatment of diabetes mellitus and related endocrine and metabolic disorders and the complications resulting from such disease or disorders, (B) training programs for physicians and allied health personnel in current methods of diagnosis and treatment of such disease, disorders, and complications, and (C) information programs for physicians and allied health personnel who provide primary care for patients with such disease, disorders, or com-88 Stat. 377plications. Insofar as practicable, centers developed or expanded under this section shall be located geographically on the basis of population density throughout the United States and in environments with proven research capabilities. “(b) The Secretary shall evaluate on an annual basis the activities

Report to Congress.

 of centers developed or expanded under this section and shall report to the Congress (on or before June 30 of each year) the results of his evaluation. “(c) There are authorized to be appropriated to carry out this section

Appropriation.

 $8,000,000 for fiscal year ending June 30, 1975, $12,000,000 for fiscal year ending June 30, 1976, and $20,000,000 for fiscal year ending June 30, 1977.
“diabetes coordinating committee
“Sec. 436. For the purpose of—

Diabetes Mellitus Coordinating Committee.

Establishment.

42 USC 289c–3.

 “(1) better coordination of the total National Institutes of Health research activities relating to diabetes mellitus; and “(2) coordinating those aspects of all Federal health programs and activities relating to diabetes mellitus to assure the adequacy and technical soundness of such programs and activities and to provide for the full communication and exchange of information necessary to maintain adequate coordination of such programs and activities, the Director of the National Institutes of Health shall establish a Diabetes Mellitus Coordinating Committee. The Committee shall be composed of the Directors (or their designated representatives) of each of the Institutes and divisions involved in diabetes-related research and shall include representation from all Federal departments and agencies whose programs involve health functions or responsibilities as determined by the Secretary. The Committee shall be chairman. chaired by the Director of the National Institutes of Health (or his designated representative). The Committee shall prepare a report as

Report.

 soon after the end of each fiscal year as possible for the Director of the National Institutes of Health detailing the work of the Committee in carrying out the coordinating activities described in paragraphs (1) and (2).”
(b) Section 434 of the Public Health Service Act is amended by

42 USC 289c–1.

 adding at the end the following new subsection: “(d) The Director of the National Institute of Arthritis, Metabolism, and Digestive Diseases, working through the Associate Director for Diabetes (if that position is established), shall (1) carry out programs of support for research and training in the diagnosis, prevention, and treatment of diabetes mellitus and related endocrine and metabolic diseases, and (2) establish programs of evaluation, planning, and dissemination of knowledge related to research and training in diabetes mellitus and related endocrine and metabolic diseases.”
associate director for diabetes
Sec. 6. The Secretary of Health, Education, and Welfare may establish

42 USC 289c–1a.

 within the National Institute of Arthritis, Metabolism, and Digestive Diseases the position of Associate Director for Diabetes who would report directly to the Director of the Institute and who, under the supervision of the Director of the Institute, would be responsible for programs with regard to diabetes mellitus within the Institute.
Approved July 23, 1974.
Public Law 93–355: To amend the Economic Opportunity Act of 1984 to provide for the transfer of the legal services program from the Office of Economic Opportunity to a Legal Services Corporation, and for other purposes. Public Law 355 88 Stat. 378 1974-07-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 378 Public Law 93–355
An Act To amend the Economic Opportunity Act of 1984 to provide for the transfer of the legal services program from the Office of Economic Opportunity to a Legal Services Corporation, and for other purposes.

July 25, 1974

[H. R. 7824]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Legal Services Corporation Act of 1974.

42 USC 2996 note.

 be cited as the “Legal Services Corporation Act of 1974”.
Sec. 2. The Economic Opportunity Act of 1964 is amended by adding at the end thereof the following new title:

42 USC 2701 note.

 <num value="X">“TITLE X—</num> <heading class="inline">LEGAL SERVICES CORPORATION ACT</heading> <section> <heading class="smallCaps centered">“statement of findings and declaration of purpose</heading> <section class="firstIndent1 fontsize10"> <num value="1001">“<inline class="smallCaps">Sec</inline>. 1001. </num> <chapeau class="inline">The Congress finds and declares that—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996">42 USC 2996</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">there is a need to provide equal access to the system of justice in our Nation for individuals who seek redress of grievances;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">there is a need to provide high quality legal assistance to those who would be otherwise unable to afford adequate legal counsel and to continue the present vital legal services program;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">providing legal assistance to those who face an economic barrier to adequate legal counsel will serve best the ends of justice;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">for many of our citizens, the availability of legal services has reaffirmed faith in our government of laws;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">to preserve its strength, the legal services program must be kept free from the influence of or use by it of political pressures; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">attorneys providing legal assistance must have full freedom to protect the best interests of their clients in keeping with the Code of Professional Responsibility, the Canons of Ethics, and the high standards of the legal profession.</content> </paragraph> </section> </section> <section> <heading class="smallCaps centered">“definitions</heading> <section class="firstIndent1 fontsize10"> <num value="1002">“<inline class="smallCaps">Sec</inline>. 1002. </num> <chapeau class="inline">As used in this title, the term—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996a">42 USC 2996a</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">‘Board’ means the Board of Directors of the Legal Services Corporation;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">‘Corporation’ means the Legal Services Corporation established under this title;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">‘eligible client’ means any person financially unable to afford legal assistance;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">‘Governor’ means the chief executive officer of a State;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">‘legal assistance’ means the provision of any legal services consistent with the purposes and provisions of this title;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">‘recipient’ means any grantee, contractee, or recipient of financial assistance described in clause (A) of section 1006(a) (1) ;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">“(7) </num> <content class="inline">‘staff attorney’ means an attorney who receives more than one-half of his annual professional income from a recipient organized solely for the provision of legal assistance to eligible clients under this title; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">“(8) </num> <content class="inline">‘State’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.</content> </paragraph> </section> </section> <page identifier="/us/stat/88/379">88 <inline class="smallCaps">Stat</inline>. 379</page> <section> <heading class="smallCaps centered">“establishment of corporation</heading> <section class="firstIndent1 fontsize10"> <num value="1003">“<inline class="smallCaps">Sec</inline>. 1003. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There is established in the District of Columbia a <sidenote><p class="firstIndent1 fontsize8">Legal Services Corporation.</p><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996b">42 USC 2996b</ref>.</p></sidenote> private nonmembership nonprofit corporation, which shall be known as the Legal Services Corporation, for the purpose of providing financial support for legal assistance in noncriminal proceedings or matters to persons financially unable to afford legal assistance.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">The Corporation shall maintain its principal office in the District of Columbia and shall maintain therein a designated agent to accept service of process for the Corporation. Notice to or service upon the agent shall be deemed notice to or service upon the Corporation.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The Corporation, and any legal assistance program assisted <sidenote><p class="firstIndent1 fontsize8">Tax exemption.</p></sidenote> by the Corporation, shall be eligible to be treated as an organization described in section 170(c) (2) (B) of the Internal Revenue Code of 1954 and as an organization described in section 501(c)(3) of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s170">26 USC 170</ref>.</p></sidenote> Internal Revenue Code of 1954 which is exempt from taxation under <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501</ref>.</p></sidenote> section 501 (a) of such Code. If such treatments are conferred in accordance with the provisions of such Code, the Corporation, and legal assistance programs assisted by the Corporation, shall be subject to all provisions of such Code relevant to the conduct of organizations exempt from taxation.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“governing body</heading> <section class="firstIndent1 fontsize10"> <num value="1004">“<inline class="smallCaps">Sec</inline>. 1004. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Corporation shall have a Board of Directors <sidenote><p class="firstIndent1 fontsize8">Board of Directors, membership.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996c">42 USC 2996c</ref>.</p></sidenote> consisting of eleven voting members appointed by the President, by and with the advice and consent of the Senate, no more than six of whom shall be of the same political party. A majority shall be members of the bar of the highest court of any State, and none shall be a full-time employee of the United States.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">The term of office of each member of the Board shall be three <sidenote><p class="firstIndent1 fontsize8">Term of office.</p></sidenote> years, except that five of the members first appointed, as designated by the President at the time of appointment, shall serve for a term of two years. Each member of the Board shall continue to serve until the successor to such member has been appointed and qualified. The term of initial members shall be computed from the date of the first meeting of the Board. The term of each member other than initial members shall be computed from the date of termination of the preceding term. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which such member’s predecessor was appointed shall be appointed for the remainder of such term. No member shall be reappointed to more than two consecutive terms immediately following such member’s initial term.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The members of the Board shall not, by reason of such membership, be deemed officers or employees of the United States.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">The President shall select from among the voting members of <sidenote><p class="firstIndent1 fontsize8">Chairman.</p></sidenote> the Board a chairman, who shall serve for a term of three years. Thereafter the Board shall annually elect a chairman from among its voting members.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content class="inline">A member of the Board may be removed by a vote of seven <sidenote><p class="firstIndent1 fontsize8">Removal.</p></sidenote> members for malfeasance in office or for persistent neglect of or inability to discharge duties, or for offenses involving moral turpitude, and for no other cause.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <content class="inline">Within six months after the first meeting of the Board, the <sidenote><p class="firstIndent1 fontsize8">Nine-member State advisory council, appointment.</p></sidenote> Board shall request the Governor of each State to appoint a nine-member advisory council for such State. A majority of the members of the advisory council shall be appointed, after recommendations have been received from the State bar association, from among the attorneys admitted to practice in the State, and the membership of the council shall be subject to annual reappointment. If ninety days have elapsed without such an advisory council appointed by the Governor,<page identifier="/us/stat/88/380">88 <inline class="smallCaps">Stat</inline>. 380</page> the Board is authorized to appoint such a council. The advisory council <sidenote><p class="firstIndent1 fontsize8">Violation notification.</p></sidenote> shall be charged with notifying the Corporation of any apparent violation of the provisions of this title and applicable rules, regulations, and guidelines promulgated pursuant to this title. The advisory<sidenote><p class="firstIndent1 fontsize8">Copy.</p></sidenote> council shall, at the same time, furnish a copy of the notification to any recipient affected thereby, and the Corporation shall allow such recipient a reasonable time (but in no case less than thirty days) to reply to any allegation contained in the notification.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">“(g) </num> <content class="inline">All meetings of the Board, of any executive committee of<sidenote><p class="firstIndent1 fontsize8">Open meetings.</p></sidenote> the Board, and of any advisory council established in connection with this title shall be open to the public, and any minutes of such public meetings shall be available to the public, unless the membership of such bodies, by two-thirds vote of those eligible to vote, determines that an executive session should be held on a specific occasion.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">“(h) </num> <content class="inline">The Board shall meet at least four times during each calendar<sidenote><p class="firstIndent1 fontsize8">Quarterly meetings.</p></sidenote> year.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“officers and employees</heading> <section class="firstIndent1 fontsize10"> <num value="1005">“<inline class="smallCaps">Sec</inline>. 1005. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Board shall appoint the president of the Corporation, <sidenote><p class="firstIndent1 fontsize8">President, appointment by Board.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996d">42 USC 2996d</ref>.</p></sidenote> who shall be a member of the bar of the highest court of a State and shall be a non-voting ex officio member of the Board, and such other officers as the Board determines to be necessary. No officer of the Corporation may receive any salary or other compensation for services from any source other than the Corporation during his period of employment by the Corporation, except as authorized by the Board. All officers shall serve at the pleasure of the Board.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The president of the Corporation, subject to general policies established by the Board, may appoint and remove such employees of the Corporation as he determines necessary to carry out the purposes of the Corporation.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">No political test or political qualification shall be used in selecting, appointing, promoting, or taking any other personnel action with respect to any officer, agent, or employee of the Corporation or of any recipient, or in selecting or monitoring any grantee, contractor, or person or entity receiving financial assistance under this title.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">No member of the Board may participate in any decision, action, or recommendation with respect to any matter which directly benefits such member or pertains specifically to any firm or organization with which such member is then associated or has been associated within a period of two years.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">Officers and employees of the Corporation shall be compensated<sidenote><p class="firstIndent1 fontsize8">Compensation.</p></sidenote> at rates determined by the Board, but not in excess of the rate of level V of the Executive Schedule specified in section 5316 of title 5, United States Code.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/83/863">83 Stat. 863</ref>.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Except as otherwise specifically provided in this title, officers and employees of the Corporation shall not be considered officers or employees, and the Corporation shall not be considered a department, agency, or instrumentality, of the Federal Government.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Nothing in this title shall be construed as limiting the authority <sidenote><p class="firstIndent1 fontsize8">Budget , OMB review and comments.</p></sidenote> of the Office of Management and Budget to review and submit comments upon the Corporation’s annual budget request at the time it is transmitted to the Congress.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <content class="inline">Officers and employees of the Corporation shall be considered officers and employees of the Federal Government for purposes of the following provisions of title 5, United States Code: subchapter I of chapter 81 (relating to compensation for work injuries) ; chapter 83 (relating to civil service retirement); chapter 87 (relating to life<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s8101/8301">5 USC 8101, 8301</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s8701">5 USC 8701</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s8901">5 USC 8901</ref>.</p></sidenote> insurance); and chapter 89 (relating to health insurance). The Corporation shall make contributions at the same rates applicable to agencies of the Federal Government under the provisions referred to in this subsection.</content> </subsection> <page identifier="/us/stat/88/381">88 <inline class="smallCaps">Stat</inline>. 381</page> <subsection class="firstIndent1 fontsize10"> <num value="g">“(g) </num> <content class="inline">The Corporation and its officers and employees shall be subject to the provisions of section 552 of title 5, United States Code (relating to freedom of information).</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“powers, duties, and limitations</heading> <section class="firstIndent1 fontsize10"> <num value="1006">“<inline class="smallCaps">Sec</inline>. 1006. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">To the extent consistent with the provisions of this <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996e">42 USC 2996e</ref>.</p></sidenote> title, the Corporation shall exercise the powers conferred upon a nonprofit corporation by the District of Columbia Nonprofit Corporation Act (except for section 1005 (o) of title 29 of the District of <sidenote><p class="firstIndent1 fontsize8">D.C. Code 29–1001.</p></sidenote> Columbia Code). In addition, the Corporation is authorized—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">to provide financial assistance to qualified programs furnishing legal assistance to eligible clients, and to make grants to and contracts with—</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">individuals, partnerships, firms, corporations, and nonprofit organizations, and</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">State and local governments (only upon application by an appropriate State or local agency or institution and upon a special determination by the Board that the arrangements to be made by such agency or institution will provide services which will not be provided adequately through nongovernmental arrangements),</content> </clause> <continuation class="inline">for the purpose of providing legal assistance to eligible clients under this title, and (B) to make such other grants and contracts as are necessary to carry out the purposes and provisions of this title;</continuation> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">to accept in the name of the Corporation, and employ or dispose of in furtherance of the purposes of this title, any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">to undertake directly and not by grant or contract, the following activities relating to the delivery of legal assistance—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">research,</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">training and technical assistance, and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">to serve as a clearinghouse for information.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Corporation shall have authority to insure the compliance of recipients and their employees with the provisions of this title and the rules, regulations, and guidelines promulgated pursuant to this title, and to terminate, after a hearing in accordance with section 1011, financial support to a recipient which fails to comply.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">If a recipient finds that any of its employees has violated or <sidenote><p class="firstIndent1 fontsize8">Violations disciplinary action.</p></sidenote> caused the recipient to violate the provisions of this title or the rules, regulations, and guidelines promulgated pursuant to this title, the recipient shall take appropriate remedial or disciplinary action in accordance with the types of procedures prescribed in the provisions of section 1011.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The Corporation shall not, under any provision of this title, interfere with any attorney in carrying out his professional responsibilities to his client as established in the Canons of Ethics and the Code of Professional Responsibility of the American Bar Association (referred to collectively in this title as ‘professional responsibilities’) or abrogate as to attorneys in programs assisted under this title the authority of a State or other jurisdiction to enforce the standards of professional responsibility generally applicable to attorneys in such jurisdiction. The Corporation shall ensure that activities under this title are carried out in a manner consistent with attorneys’ professional responsibilities.</content> </paragraph> <page identifier="/us/stat/88/382">88 <inline class="smallCaps">Stat</inline>. 382</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">No attorney shall receive any compensation, either directly or indirectly, for the provision of legal assistance under this title unless such attorney is admitted or otherwise authorized by law, rule, or regulation to practice law or provide such assistance m the jurisdiction where such assistance is initiated.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">The Corporation shall insure that (A) no employee of the<sidenote><p class="firstIndent1 fontsize8">Restrictions.</p></sidenote> Corporation or of any recipient (except as permitted by law in connection with such employee’s own employment situation), while carrying out legal assistance activities under this title, engage in, or encourage others to engage in, any public demonstration or picketing, boycott, or strike; and (B) no such employee shall, at any time, engage in, or encourage others to engage in, any of the following activities: (i) any rioting or civil disturbance, (ii) any activity which is in violation of an outstanding injunction of any court of competent jurisdiction, (iii) any other illegal activity, or (iv) any intentional identification of the Corporation or any recipient with any political activity prohibited by section 1007(a) (6). The Board, within ninety days after<sidenote><p class="firstIndent1 fontsize8">Rules and regulations.</p></sidenote> its first meeting, shall issue rules and regulations to provide for the enforcement of this paragraph and section 1007(a) (5), which rules shall include, among available remedies, provisions, in accordance with the types of procedures prescribed in the provisions of section 1011, for suspension of legal assistance supported under this title, suspension of an employee of the Corporation or of any employee of any recipient by such recipient, and, after consideration of other remedial measures and after a hearing in accordance with section 1011, the termination of such assistance or employment, as deemed appropriate for the violation in question.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">In areas where significant numbers of eligible clients speak a language other than English as their principal language, the Corporation shall, to the extent feasible, provide that their principal language is used in the provision of legal assistance to such clients under this title.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <chapeau class="inline">The Corporation shall not itself—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">participate in litigation on behalf of clients other than the Corporation; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">undertake to influence the passage or defeat of any legislation by the Congress of the United States or by any State or local legislative bodies, except that personnel of the Corporation may testify or make other appropriate communication (A) when formally requested to do so by a legislative body, a committee, or a member thereof, or (B) in connection with legislation or appropriations directly affecting the activities of the Corporation.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Corporation shall have no power to issue any shares of stock, or to declare or pay any dividends.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">No part of the income or assets of the Corporation shall inure to the benefit of any director, officer, or employee, except as reasonable compensation for services or reimbursement for expenses.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">Neither the Corporation nor any recipient shall contribute or make available corporate funds or program personnel or equipment to any political party or association, or the campaign of any candidate for public or party office.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">Neither the Corporation nor any recipient shall contribute or make available corporate funds or program personnel or equipment for use in advocating or opposing any ballot measures, initiatives, or referendums. However, an attorney may provide legal advice and representation as an attorney to any eligible client with respect to such client’s legal rights.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">No class action suit, class action appeal, or amicus curiae class action may be undertaken, directly or through others, by a staff attor-<page identifier="/us/stat/88/383">88 <inline class="smallCaps">Stat</inline>. 383</page>ney, except with the express approval of a project director of a recipient in accordance with policies established by the governing body of such recipient.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Employees of the Corporation or of recipients shall not at any time intentionally identify the Corporation or the recipient with any partisan or nonpartisan political activity associated with a political party or association, or the campaign of any candidate for public or party office.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Employees of the Corporation shall be deemed to be State or local employees for purposes of chapter 1.5 of title 5, United States Code. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s1501">5 USC 1501</ref>.</p></sidenote></content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <content class="inline">If an action is commenced by the Corporation or by a recipient and a final order is entered in favor of the defendant and against the Corporation or a recipient’s plaintiff, the court may, upon motion by the defendant and upon a finding by the court that the action was commenced or pursued for the sole purpose of harassment of the defendant or that the Corporation or a recipient’s plaintiff maliciously abused legal process, enter an order (which shall be appealable before being made final) awarding reasonable costs and legal fees incurred by the defendant in defense of the action, except when in contravention of a State law, a rule of court, or a statute of general applicability. Any such costs and fees shall be directly paid by the Corporation.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“grants and contracts</heading> <section class="firstIndent1 fontsize10"> <num value="1007">“<inline class="smallCaps">Sec</inline>. 1007. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">With respect to grants or contracts in connection <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996f">42 USC 2996f</ref>.</p></sidenote> with the provision of legal assistance to eligible clients under this title, the Corporation shall—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">insure the maintenance of the highest quality of service and professional standards, the preservation of attorney-client relationships, and the protection of the integrity of the adversary process from any impairment in furnishing legal assistance to eligible clients;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">establish, in consultation with the Director of the <sidenote><p class="firstIndent1 fontsize8">Maximum income levels, determination.</p></sidenote> Office of Management and Budget and with the Governors of the several States, maximum income levels (taking into account family size, urban and rural differences, and substantial cost-of-living variations) for individuals eligible for legal assistance under this title;</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">establish guidelines to insure that eligibility of clients <sidenote><p class="firstIndent1 fontsize8">Eligibility guidelines.</p></sidenote> will be determined by recipients on the basis of factors which include—</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">the liquid assets and income level of the client,</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">the fixed debts, medical expenses, and other factors which affect the client’s ability to pay,</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">the cost of living in the locality, and</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content class="inline">such other factors as relate to financial inability to afford legal assistance, which shall include evidence of a prior determination, which shall be a disqualifying factor, that such individual’s lack of income results from refusal or unwillingness, without good cause, to seek or accept an employment situation; and</content> </clause> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">establish priorities to insure that persons least able to <sidenote><p class="firstIndent1 fontsize8">Priorities.</p></sidenote> afford legal assistance are given preference in the furnishing of such assistance;</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">insure that grants and contracts are made so as to provide the most economical and effective delivery of legal assistance to persons in both urban and rural areas;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">insure that attorneys employed full time in legal assistance activities supported in major part by the Corporation refrain<page identifier="/us/stat/88/384">88 <inline class="smallCaps">Stat</inline>. 384</page> from (A) any compensated outside practice of law, and (B) any uncompensated outside practice of law except as authorized in guidelines promulgated by the Corporation;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <chapeau class="inline">insure that no funds made available to recipients by the Corporation shall be used at any time, directly or indirectly, to influence the issuance, amendment, or revocation of any executive order or similar promulgation by any Federal, State, or local agency, or to undertake to influence the passage or defeat of any legislation by the Congress of the United States, or by any State or local legislative bodies, except where—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">representation by an attorney as an attorney for any eligible client is necessary to the provision of legal advice and representation with respect to such client’s legal rights and responsibilities (which shall not be construed to permit a recipient or an attorney to solicit a client for the purpose of making such representation possible, or to solicit a group with respect to matters of general concern to a broad class of persons as distinguished from acting on behalf of any particular client) ; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">a governmental agency, a legislative body, a committee, or a member thereof requests personnel of any recipient to make representations thereto;</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">“(6) </num> <chapeau class="inline">insure that all attorneys engaged in legal assistance activities <sidenote><p class="firstIndent1 fontsize8">Restrictions on legal assistance attorneys.</p></sidenote> supported in whole or in part by the (Corporation refrain, while so engaged, from—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">any political activity, or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">any activity to provide voters or prospective voters with transportation to the polls or provide similar assistance in connection with an election (other than legal advice and representation), or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">any voter registration activity (other than legal advice and representation);</content> </subparagraph> <continuation class="inline">and insure that staff attorneys refrain at any time during the period for which they receive compensation under this title from the activities described in clauses (B) and (C) of this paragraph and from political activities of the type prohibited by section 1502(a) of title 5, United States Code, whether partisan or nonpartisan;</continuation> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">“(7) </num> <content class="inline">require recipients to establish guidelines, consistent with<sidenote><p class="firstIndent1 fontsize8">Review of appeals, guidelines, establishment.</p></sidenote> regulations promulgated by the Corporation, for a system for review of appeals to insure the efficient utilization of resources and to avoid frivolous appeals (except that such guidelines or regulations shall in no way interfere with attorneys’ professional responsibilities);</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">“(8) </num> <content class="inline">insure that recipients solicit the recommendations of the organized bar in the community being served before filling staff attorney positions in any project funded pursuant to this title and give preference in filling such positions to qualified persons who reside in the community to be served;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">“(9) </num> <content class="inline">insure that every grantee, contractor, or person or entity receiving financial assistance under this title or predecessor authority under this Act which files with the Corporation a timely application for refunding is provided interim funding necessary to maintain its current level of activities until (A) the application for refunding has been approved and funds pursuant thereto received, or (B) the application for refunding has been finally denied in accordance with section 1011 of this Act; and<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 388.</p></sidenote></content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="10">“(10) </num> <content class="inline">insure that all attorneys, while engaged in legal assistance activities supported in whole or in par t by the Corporation, refrain from the persistent incitement of litigation and any other<page identifier="/us/stat/88/385">88 <inline class="smallCaps">Stat</inline>. 385</page> activity prohibited by the Canons of Ethics and Code of Professional Responsibility of the American Bar Association, and insure that such attorneys refrain from personal representation for a private fee in any cases in which they were involved while engaged in such legal assistance activities.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">No funds made available by the Corporation under this title, <sidenote><p class="firstIndent1 fontsize8">Funds, limitations.</p></sidenote> either by grant or contract, may be used—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">to provide legal assistance with respect to any fee-generating case (except in accordance with guidelines promulgated by the Corporation), to provide legal assistance with respect to any criminal proceeding, or to provide legal assistance in civil actions to persons who have been convicted of a criminal charge where the civil action arises out of alleged acts or failures to act and the action is brought against an officer of the court or against a law enforcement official for the purpose of challenging the validity of the criminal conviction;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">for any of the political activities prohibited in paragraph (6) of subsection (a) of this section ;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">to make grants to or enter into contracts with any private law firm which expends 50 percent or more of its resources and time litigating issues in the broad interests of a majority of the public;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">to provide legal assistance under this title to any unemancipated person of less than eighteen years of age, except (A) with the written request of one of such person’s parents or guardians, (B) upon the request of a court of competent jurisdiction, (C) in child abuse cases, custody proceedings, persons in need of supervision (PINS) proceedings, or cases involving the initiation, continuation, or conditions of institutionalization, or (D) where necessary for the protection of such person for the purpose of securing, or preventing the loss of, benefits, or securing, or preventing the loss or imposition of, services under law in cases not involving the child’s parent or guardian as a defendant or respondent;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">to support or conduct training programs for the purpose of advocating particular public policies or encouraging political activities, labor or antilabor activities, boycotts, picketing, strikes, and demonstrations, as distinguished from the dissemination of information about such policies or activities, except that this provision shall not be construed to prohibit the training of attorneys or paralegal personnel necessary to prepare them to provide adequate legal assistance to eligible clients;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">to organize, to assist to organize, or to encourage to organize, or to plan for the creation or formation of, or the structuring of, any organization, association, coalition, alliance, federation, confederation, or any similar entity, except for the provision of legal assistance to eligible clients in accordance with guidelines promulgated by the Corporation;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">“(7) </num> <content class="inline">to provide legal assistance with respect to any proceeding or litigation relating to the desegregation of any elementary or secondary school or school system;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">“(8) </num> <content class="inline">to provide legal assistance with respect to any proceeding or litigation which seeks to procure a nontherapeutic abortion or to compel any individual or institution to perform an abortion, or assist in the performance of an abortion, or provide facilities for the performance of an abortion, contrary to the religious beliefs or moral convictions of such individual or institution; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">“(9) </num> <content class="inline">to provide legal assistance with respect to any proceeding or litigation arising out of a violation of the Military Selective Service Act or of desertion from the Armed Forces of the United <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s451">50 USC app. 451</ref>.</p></sidenote> States.</content> </paragraph> </subsection> <page identifier="/us/stat/88/386">88 <inline class="smallCaps">Stat</inline>. 386</page> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">In making grants or entering into contracts for legal assistance, <sidenote><p class="firstIndent1 fontsize8">Governing board, membership.</p></sidenote> the Corporation shall insure that any recipient organized solely for the purpose of providing legal assistance to eligible clients is governed by a body at least 60 percent of which consists of attorneys who are members of the bar of a State in which the legal assistance is to be provided (except that the (Corporation (1) shall, upon application, grant waivers to permit a legal services program, supported under section 222(a) (3) of the Economic Opportunity Act of 1964, which<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 390.</p></sidenote> on the date of enactment of this title has a majority of persons who are not attorneys on its policy-making board to continue such a non-attorney majority under the provisions of this title, and (2) may grant, pursuant to regulations issued by the Corporation, such a waiver for recipients which, because of the nature of the population they serve, are unable to comply with such requirement) and which include at least one individual eligible to receive legal assistance under this title. Any such attorney, while serving on such board, shall not receive compensation from a recipient.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">The Corporation shall monitor and evaluate and provide for<sidenote><p class="firstIndent1 fontsize8">Program evaluation.</p></sidenote> independent evaluations of programs supported in whole or in part under this title to insure that the provisions of this title and the bylaws of the Corporation and applicable rules, regulations, and guidelines promulgated pursuant to this title are carried out.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content class="inline">The president of the Corporation is authorized to make grants and enter into contracts under this title.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <content class="inline">At least thirty days prior to the approval of any grant application <sidenote><p class="firstIndent1 fontsize8">Grant approval, public notification.</p></sidenote> or prior to entering into a contract or prior to the initiation of any other project, the Corporation shall announce publicly, and shall notify the Governor and the State bar association of any State where legal assistance will thereby be initiated, of such grant, contract, or project. Notification shall include a reasonable description of the grant application or proposed contract or project and request comments and recommendations.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">“(g) </num> <content class="inline">The Corporation shall provide for comprehensive, independent<sidenote><p class="firstIndent1 fontsize8">Staff-attorney program, study.</p></sidenote> study of the existing staff-attorney program under this Act and, through the use of appropriate demonstration projects, of alternative and supplemental methods of delivery of legal services to eligible clients, including judicare, voucher’s, prepaid legal insurance, and contracts with law firms; and, based upon the results of such study, shall make recommendations to the President and the Congress, not later than two years after the first meeting of the Board, concerning improvements, changes, or alternative methods for the economical and effective delivery of such services.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“records and reports</heading> <section class="firstIndent1 fontsize10"> <num value="1008">“<inline class="smallCaps">Sec</inline>. 1008. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Corporation is authorized to require such<sidenote><p class="firstIndent1 fontsize8">42 USC 2996g.</p></sidenote> reports as it deems necessary from any grantee, contractor, or person or entity receiving financial assistance under this title regarding activities carried out pursuant to this title.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">The Corporation is authorized to prescribe the keeping of records with respect to funds provided by grant or contract and shall have access to such records at all reasonable times for the purpose of insuring compliance with the grant or contract or the terms and conditions upon which financial assistance was provided.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The Corporation shall publish an annual report which shall be<sidenote><p class="firstIndent1 fontsize8">Annual report to President and Congress.</p></sidenote> filed by the Corporation with the President and the Congress.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">Copies of all reports pertinent to the evaluation, inspection, or monitoring of any grantee, contractor, or person or entity receiving financial assistance under this title shall be submitted on a timely basis to such grantee, contractor, or person or entity, and shall be maintained<page identifier="/us/stat/88/387">88 <inline class="smallCaps">Stat</inline>. 387</page> in the principal office of the Corporation for a period of at least five years subsequent to such evaluation, inspection, or monitoring. Such reports shall be available for public inspection during regular business hours, and copies shall be furnished, upon request, to interested parties upon payment of such reasonable fees as the Corporation may establish.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content class="inline">The Corporation shall afford notice and reasonable opportunity <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> for comment to interested parties prior to issuing rules, regulations, and guidelines, and it shall publish in the Federal Register at least 30 days prior to their effective date all its rules, regulations, guidelines, and instructions.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“audits</heading> <section class="firstIndent1 fontsize10"> <num value="1009">“<inline class="smallCaps">Sec</inline>. 1009. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The accounts of the Corporation shall be audited <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996h">42 USC 2996h</ref>.</p></sidenote> annually. Such audits shall be conducted in accordance with generally accepted auditing standards by independent certified public accountants who are certified by a regulatory authority of the jurisdiction in which the audit is undertaken.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The audits shall be conducted at the place or places where the accounts of the Corporation are normally kept. All books, accounts, financial records, reports, files, and other papers or property belonging to or in use by the Corporation and necessary to facilitate the audits shall be made available to the person or persons conducting the audits; and full facilities for verifying transactions with the balances and securities held by depositories, fiscal agents, and custodians shall be afforded to any such person.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The report of the annual audit shall be filed with the General <sidenote><p class="firstIndent1 fontsize8">Audit report, submittal to GAO.</p></sidenote> Accounting Office and shall be available for public inspection during business hours at the principal office of the Corporation.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">In addition to the annual audit, the financial transactions <sidenote><p class="firstIndent1 fontsize8">GAO audit.</p></sidenote> of the Corporation for any fiscal year during which Federal funds are available to finance any portion of its operations may be audited by the General Accounting Office in accordance with such rules and regulations as may be prescribed by the Comptroller General of the United States.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Any such audit shall be conducted at the place or places where <sidenote><p class="firstIndent1 fontsize8">Records, accessibility.</p></sidenote> accounts of the Corporation are normally kept. The representatives of the General Accounting Office shall have access to all books, accounts, financial records, reports, files, and other papers or property belonging to or in use by the Corporation and necessary to facilitate the audit; and full facilities for verifying transactions with the balances and securities held by depositories, fiscal agents, and custodians shall be afforded to such representatives. All such books, accounts, financial records, reports, files, and other papers or property of the Corporation shall remain in the possession and custody of the Corporation.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">A report of such audit shall be made by the Comptroller General <sidenote><p class="firstIndent1 fontsize8">Report to Congress and President.</p></sidenote> to the Congress and to the President, together with such recommendations with respect thereto as he shall deem advisable.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Corporation shall conduct, or require each grantee, contractor, or person or entity receiving financial assistance under this title to provide for, an annual financial audit. The report of each such audit shall be maintained for a period of at least five years at the principal office of the Corporation.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The Corporation shall submit to the Comptroller General of the United States copies of such reports, and the Comptroller General may, in addition, inspect the books, accounts, financial records, files, and other papers or property belonging to or in use by such grantee, contractor, or person or entity, which relate to the disposition or use of funds received from the Corporation. Such audit reports shall be <sidenote><p class="firstIndent1 fontsize8">Audit reports, public inspection.</p></sidenote> available for public inspection, during regular business hours, at the principal office of the Corporation.</content> </paragraph> </subsection> <page identifier="/us/stat/88/388">88 <inline class="smallCaps">Stat</inline>. 388</page> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">Notwithstanding the provisions of this section or section 1008,<sidenote><p class="firstIndent1 fontsize8">Attorney-client privilege.</p></sidenote> neither the Corporation nor the Comptroller General shall have access to any reports or records subject to the attorney-client privilege.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“financing</heading> <section class="firstIndent1 fontsize10"> <num value="1010">“<inline class="smallCaps">Sec</inline>. 1010. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There are authorized to be appropriated for the<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996i">42 USC 2996i</ref>.</p></sidenote> purpose of carrying out the activities of the Corporation, $90,000,000 for fiscal year 1975, $100,000,000 for fiscal year 1976, and such sums as may be necessary for fiscal year 1977. The first appropriation may be made available to the Corporation at any time after six or more members of the Board have been appointed and qualified. Appropriations shall be for not more than two fiscal years, and, if for more than one year, shall be paid to the Corporation in annual installments at the beginning of each fiscal year in such amounts as may be specified in appropriation Acts.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">Funds appropriated pursuant to this section shall remain<sidenote><p class="firstIndent1 fontsize8">Funds, availability.</p></sidenote> available until expended.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">Non-Federal funds received by the Corporation, and funds<sidenote><p class="firstIndent1 fontsize8">Non-Federal funds.</p></sidenote> received by any recipient from a source other than the Corporation, shall be accounted for and reported as receipts and disbursements separate and distinct from Federal funds; but any funds so received for the provision of legal assistance shall not be expended by recipients for any purpose prohibited by this title, except that this provision shall not be construed to prevent recipients from receiving other public funds or tribal funds (including foundation funds benefiting Indians or Indian tribes) and expending them in accordance with the purposes for which they are provided, or to prevent contracting or making other arrangements with private attorneys, private law firms, or other State or local entities of attorneys, or with legal aid societies having separate public defender programs, for the provision of legal assistance to eligible clients under this title.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“special limitations</heading> <section class="firstIndent1 fontsize10"> <num value="1011">“<inline class="smallCaps">Sec</inline>. 1011. </num> <chapeau class="inline">The Corporation shall prescribe procedures to insure<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996j">42 USC 2996j</ref>.</p></sidenote> that—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">financial assistance under this title shall not be suspended unless the grantee, contractor, or person or entity receiving financial assistance under this title has been given reasonable notice and opportunity to show cause why such action should not be taken; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">financial assistance under this title shall not be terminated, an application for refunding shall not be denied, and a suspension of financial assistance shall not be continued for longer than thirty days, unless the grantee, contractor, or person or entity receiving financial assistance under this title has been afforded reasonable notice and opportunity for a timely, full, and fair hearing.</content> </paragraph> </section> </section> <section> <heading class="smallCaps centered">“coordination</heading> <section class="firstIndent1 fontsize10"> <num value="1012">“<inline class="smallCaps">Sec</inline>. 1012. </num> <content class="inline">The President may direct that appropriate support functions <sidenote><p class="firstIndent1 fontsize8">Support functions.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996k">42 USC 2996k</ref>.</p></sidenote> of the Federal Government may be made available to the Corporation in carrying out its activities under this title, to the extent not inconsistent with other applicable law.</content> </section> </section> <section> <heading class="smallCaps centered">“right to repeal, alter, or amend</heading> <section class="firstIndent1 fontsize10"> <num value="1013">“<inline class="smallCaps">Sec</inline>. 1013. </num> <content class="inline">The right to repeal, alter, or amend this title at any<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996l">42 USC 2996<i>l</i></ref>.</p></sidenote> time is expressly reserved.</content> </section> </section> <page identifier="/us/stat/88/389">88 <inline class="smallCaps">Stat</inline>. 389</page> <section> <heading class="smallCaps centered">“short title</heading> <section class="firstIndent1 fontsize10"> <num value="1014">“<inline class="smallCaps">Sec</inline>. 1014. </num> <content class="inline">This title may be cited as the ‘Legal Services Corporation<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996">42 USC 2996 note</ref>.</p></sidenote> Act’.”. </content> </section> </section>
transition provisions
Sec. 3. (a) Notwithstanding any other provision of law, effective

42 USC 2996b note.

 ninety days after the date of the first meeting of the Board of Directors of the Legal Services Corporation established under the Legal Services Corporation Act (title X of the Economic Opportunity Act of 1964, as added by this Act) , the Legal Services Corporation

Ante, p. 378.

 shall succeed to all rights of the Federal Government to capital equipment in the possession of legal services programs or activities assisted pursuant to section 222(a) (3), 230,232, or any other provision of the Economic Opportunity Act of 1964.

42 USC 2809, 2823, 2825.

 (b) Within ninety days after the first meeting of the Board, all assets, liabilities, obligations, property, and records as determined by the Director of the Office of Management and Budget, in consultation with the Director of the Office of Economic Opportunity or the head of any successor authority, to be employed directly or held or used primarily, in connection with any function of the Director of the Office of Economic Opportunity or the head of any successor authority in carrying out legal services activities under the Economic Opportunity Act of 1964, shall be transferred to the Corporation. Personnel transferred

42 USC 2701 note.

 to the Corporation from the Office of Economic Opportunity or any successor authority shall be transferred in accordance with applicable laws and regulations, and shall not be reduced in compensation for one year after such transfer, except for cause. The Director of the Office of Economic Opportunity or the head of any successor authority shall take whatever action is necessary and reasonable to seek suitable employment for personnel who do not transfer to the Corporation. (c) Collective-bargaining agreements in effect on the date of enactment of this Act covering employees transferred to the Corporation shall continue to be recognized by the Corporation until the termination date of such agreements, or until mutually modified by the parties. (d) (1) Notwithstanding any other provision of law, the Director

CEO Director, assistance.

 of the Office of Economic Opportunity or the head of any successor authority shall take such-action as may be necessary, in cooperation with the president of the Legal Services Corporation, including the provision (by grant or otherwise) of financial assistance to recipients and the Corporation and the furnishing of services and facilities to the Corporation— (A) to assist the Corporation in preparing to undertake, and in the initial undertaking of, its responsibilities under this title; (B) out of appropriations available to him, to make funds available to meet the organizational and administrative expenses of the Corporation ; (C) within ninety days after the first meeting of the Board, to transfer to the Corporation all unexpended balances of funds appropriated for the purpose of carrying out legal services programs and activities under the Economic Opportunity Act of 1964 or successor authority; and (D) to arrange for the orderly continuation by such Corporation of financial assistance to legal services programs and activities assisted pursuant to the Economic Opportunity Act of 1964 or successor authority. Whenever the Director of the Office of Economic Opportunity or the head of any successor authority determines that an obligation to provide financial assistance pursuant to any contract or grant for such88 Stat. 390 legal services will extend beyond six months after the date of enactment of this Act, he shall include, in any such contract or grant, provisions to assure that the obligation to provide such financial assistance may be assumed by the Legal Services Corporation, subject to such modifications of the terms and conditions of such contract or grant as the Corporation determines to be necessary. (2) Section 222(a)(3) of the Economic Opportunity Act of 1964

Repeal; effective date.

42 USC 2809 and note.

 is repealed, effective ninety days after the first meeting of the Board of Directors of the Legal Services Corporation. (e) There are authorized to be appropriated for the fiscal year ending

Appropriation.

42 USC 2996b note.

 June 30, 19Y5, such sums as may be necessary for carrying out this section. (f) Title V I of the Economic Opportunity Act of 1964 is amended by inserting after section 625 thereof the following new section:
“independence of legal services corporation
“Sec. 626. Nothing in this Act, except title X, and no reference to

42 USC 2971e.

Ante, p. 378.

 this Act unless such reference refers to title X, shall be construed to affect the powers and activities of the Legal Services Corporation.”.
Approved July 25, 1974.
Public Law 93–356: To provide for the use of simplified procedures in the procurement of property and services by the Government where the amount involved does not exceed $10,000. Public Law 356 88 Stat. 390 1974-07-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–356
An Act To provide for the use of simplified procedures in the procurement of property and services by the Government where the amount involved does not exceed $10,000.

July 25, 1974

[S. 3311]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Government property procurement and services.

Simplified procedures.

D.C. Code 1–808.
Section 1. Section 3709 of the Revised Statutes, as amended (41 U.S.C. 5), is amended by striking out “$2,500” and inserting in lieu thereof “$10,000”.
Sec. 2. The third full unnumbered paragraph under the heading “Office of Architect of the Capitol” contained in the appropriations for the Architect of the Capitol in the Legislative Branch Appropriation Act, 1966 (79 Stat. 276; 41 U.S.C. 6a–1 ) is amended by striking out “$2,500” and inserting in lieu thereof “$10,000”.
Sec. 3. Section 302(c) (3) of the Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. 252(c)(3)) is amended by striking out “$2,500” and inserting in lieu thereof “$10,000”.
Sec. 4. (a) Section 2304(a) (3) of title 10, United States Code, is amended by striking out “$2,500” and inserting in lieu thereof “$10,000”. (b) Section 2304(g) of such title is amended by striking out “$2,500” and inserting in lieu thereof “$10,000”.
Sec. 5. Section 9(b) of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. 831h(b) (3)) is amended by striking out “$500” and inserting in lieu thereof “$10,000”.
Approved July 25, 1974.
Public Law 93–357: To provide temporary emergency livestock financing through the establishment of a guaranteed loan program. Public Law 357 88 Stat. 391 1974-07-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 391 Public Law 93–357
An Act To provide temporary emergency livestock financing through the establishment of a guaranteed loan program.

July 25, 1974

[S. 3679]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Emergency Livestock Credit Act of 1974.

7 USC prec. 1961 note.

 be cited as the “Emergency Livestock Credit Act of 1974”.
Sec. 2. (a) The Secretary of Agriculture is authorized and directed to provide financial assistance to bona fide farmers and ranchers who are primarily and directly engaged in agricultural production for the purpose of breeding, raising, fattening, or marketing livestock. In the case of corporations or partnerships, such financial assistance shall be extended only when a majority interest in such corporations or partnerships is held by stockholders or partners who themselves are primarily and directly engaged in such agricultural production. For

“Livestock.”

 purposes of this Act, the term “livestock” shall mean beef cattle, dairy cattle, swine, sheep, goats, chickens, and turkeys. (b) The Secretary shall guarantee loans, including both principal

Loan guarantee.

 and interest, made by any legally organized lending agency which otherwise meet the purposes and conditions of this Act, As used herein, a guaranteed loan is one which is made, held, and serviced by a legally organized lending agency and which is guaranteed by the Secretary hereunder: Provided, That the term “legally organized lending

“Legally organized lending agency.”

 agency” shall not be deemed to include the Federal Financing Bank. (c) No contract guaranteeing any such loan by a lender shall require the Secretary to participate in more than 80 per centum of any loss sustained thereon. (d) No fees or charges shall be assessed by the Secretary for any guarantee provided by him under this Act. (e) Loans guaranteed under this Act shall bear interest at a rate

Interest rate.

 to be agreed upon by the lender and borrower. (f) Loans guaranteed under this Act shall be payable in not more than three years, but may be renewed for not more than two additional years.
Sec. 3. As a condition of the Secretary’s guaranteeing any loan under

Loan certification.

7 USC prec. 1961 note.

 this Act— (a) The lender shall certify that— (1) the lender is unwilling to provide credit to the loan applicant in the absence of the guarantee authorized by this Act; (2) the loan applicant is directly and in good faith engaged in agricultural production, and the financing to be furnished the loan applicant is to be used for purposes related to the breeding, raising, fattening, or marketing of livestock; (3) the loan is for the purpose of maintaining the operations of the loan applicant, and the total loans made to the loan applicant do not exceed the amount necessary to permit the continuation of his livestock operations at a level equal to its highest level during the eighteen months immediately preceding the date of enactment of this Act: Provided, That the total loans guaranteed under this Act for any loan applicant shall not exceed $250,000; (4) in the case of any loan to refinance the livestock operations of a loan applicant (i) the loan and refinancing are absolutely essential in order for the loan applicant to remain in business, (ii) the lending agency would not refinance such loan in the absence of a guarantee, and (iii) the lending agency is not currently refinancing similar loans to others without such guarantees. (b) The loan applicant shall certify that he will be unable to obtain financing in the absence of the guarantee authorized by this Act. 88 Stat. 392 (c) The Secretary finds there is reasonable probability of accomplishing the objectives of the Act and repayment of the loan.
Sec. 4. Loans guaranteed under this Act shall be secured by security

Guaranteed loan security.

7 USC prec. 1961 note.

 adequate to protect the Government’s interests, as determined by the Secretary.
Sec. 5. Loan guarantees outstanding under this Act shall not exceed

Outstanding loan guarantees, limitation.

7 USC prec. 1961 note.

7 USC 1929.

 $2,000,000,000 at any one time. Subject to the provisions of section 2(c) of this Act, the fund created in section 309 of the Consolidated Farm and Rural Development Act shall be used by the Secretary for the discharge of the obligations of the Secretary under contracts of guarantee made pursuant to this Act.
Sec. 6. Contracts of guarantee under this Act shall not be included

7 USC prec. 1961 note.

 in the totals of the budget of the United States Government and shall be exempt from any general limitation imposed by statute on expenditures and net lending (budget outlays) of the United States.
Sec. 7. Any contract of guarantee executed by the Secretary under

7 USC prec. 1961 note.

 this Act shall be an obligation supported by the full faith and credit of the United States and incontestable except for fraud or misrepresentation of which the holder had actual knowledge at the time it became a holder.
Sec. 8. The provisions of this Act shall become effective upon enactment,

Effective date.

7 USC prec. 1961 note.

 and the authority to make new guarantees under this Act shall terminate one year from the date of enactment of this Act, except that the Secretary of Agriculture may extend the guarantee authority provided in this Act for a period not to exceed six months if he (1) determines that such guarantees are necessary to the welfare of livestock producers and that adequate credit cannot be obtained without such guarantee by the Secretary, and (2) notifies the Committee on Agriculture and Forestry of the Senate and the Committee on Agriculture of the House of Representatives at least thirty days prior to the date on which he elects to extend the guarantee authority provided in the Act.
Sec. 9. (a) The provisions of section 310B(d) (6) of the Consolidated

7 USC prec. 1961 note.

7 USC 1932.

 Farm and Rural Development Act shall apply to loans guaranteed under this Act. (b) Contracts of guarantee executed pursuant to the provisions of this Act shall be fully assignable.
Sec. 10. The Secretary is authorized to issue such regulations as he

Regulations.

7 USC prec. 1961 note.

 determines necessary to carry out this Act; The proposed regulations shall be issued as soon as possible, but in no event later than thirty days from the date of enactment of this Act.
Approved July 25, 1974.
Public Law 93–358: To provide the authorization for fiscal year 1975 and succeeding fiscal years for the Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped, and for other purposes. Public Law 358 88 Stat. 392 1974-07-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–358
An Act To provide the authorization for fiscal year 1975 and succeeding fiscal years for the Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped, and for other purposes.

July 25, 1974

[H. R. 11143]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Act entitled

Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped.

Appropriation authorization.

41 USC 46.

 “An Act to create a Committee on Purchases of Blind-made Products, and for other purposes”, approved June 25, 1938 (41 U.S.C. 46–48c) is amended as follows: (1) Section 1(a) is amended— (A) by striking out “Committee for Purchase of Products and Services of” in the first sentence thereof and inserting in lieu thereof “Committee for Purchase from”; 88 Stat. 393 (B) by striking out “fourteen” in the second sentence thereof and inserting in lieu thereof “fifteen”; (C) by striking out “and other severely handicapped individuals.” in paragraph (2) (A) and inserting in lieu thereof a period; and (D) by redesignating subparagraphs (B) and (C) of paragraph (2) as subparagraphs (C) and (D) , respectively, and inserting after subparagraph (A) the following new subparagraph: “(B) The President shall appoint one member from persons who

Presidential appointee.

 are not officers or employees of the Government and who are conversant with the problems incident to the employment of other severely handicapped individuals.”. (2) Section 1(d) is amended—

41 USC 46.

 (A) by striking out “paragraphs (2) and (3)” in paragraph (1) and inserting in lieu thereof “paragraphs (2), (3), and (4)”; and (B) by adding at the end thereof the following new paragraph: “(4) The member first appointed under paragraph (2) (B) of subsection (a) shall be appointed for a term of three years.”. (3) Section 5 is amended—

41 USC 48b.

 (A) by inserting after paragraph (4) the following new paragraph: “(5) The term ‘direct labor’ includes all work required for

“Direct labor.”

 preparation, processing, and packing of a commodity, or work directly relating to the performance of a service, but not supervision, administration, inspection, or shipping.”; (B) by striking out paragraph (6) ; and (C) by redesignating paragraphs (7), (8), and (9) as paragraphs (6), (7), and (8), respectively. (4) Section 6 is amended to read as follows:
“Sec. 6. There are authorized to be appropriated to the Committee

41 USC 48c.

 to carry out this Act $240,000 for the fiscal year ending June 30, 1974, and such sums as may be necessary for the succeeding fiscal years.”.
Approved July 25, 1974.
Public Law 93–359: To authorize the waiver of claims of the United States arising out of erroneous payments of pay and allowances to certain officers and employees of the legislative branch. Public Law 359 88 Stat. 393 1974-07-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–359
An Act To authorize the waiver of claims of the United States arising out of erroneous payments of pay and allowances to certain officers and employees of the legislative branch.

July 25, 1974

[S. 1803]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 5584 of

Legislative branch.

Overpayment claims, waiver.

 title 5, United States Code, is amended as follows: (1) Strike out “executive” wherever it appears in such section. (2) In subsection (b) (2)— (A) immediately after “(2)” insert the following: “except in the case of employees of the Government Printing Office, the Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden,”; and (B) strike out “or” at the end thereof. (3) In subsection (b) (3)— (A) immediately after “(3)” insert the following “except in the case of employees of the Government Printing Office, the88 Stat. 394 Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden,”; and (B) strike out “the effective date of the amendment authorizing the waiver of allowances, whichever is later.” and insert in lieu thereof “October 2, 1972, whichever is later; or”. (4) At the end of subsection (b) , add the following new clause: “(4) in the case of employees of the Government Printing Office, the Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden, if application for waiver is received in his office after the expiration of 3 years immediately following the date on which the erroneous payment of pay or allowances was discovered or 3 years immediately following the date on which this clause (4) is enacted into law, whichever is later.” (5) At the end of the section, add the following new subsection: “(g) For the purpose of this section, ‘agency’ means—

“Agency.”

 “(1) an Executive agency; “(2) the Government Printing Office; “(3) the Library of Congress; “(4) the Office of the Architect of the Capitol; and “(5) the Botanic Garden.”.
Sec. 2. (a) A claim of the United States against a person arising

Vice President, Senator or Senate employees, waiver by Secretary of Senate.

2 USC 130c.

 out of an erroneous payment of any pay or allowances, other than travel and transportation expenses and allowances, on or after the date of enactment of this Act, to the Vice President, a Senator, or to an officer or employee whose pay is disbursed by the Secretary of the Senate, the collection of which would be against equity and good conscience and not in the best interests of the United States, may be waived in whole or in part by the Secretary of the Senate, if the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official. An application

Investigation, report to Secretary of Senate.

 for waiver shall be investigated by the Financial Clerk of the Senate who shall submit a written report of his investigation to the Secretary of the Senate. An application for waiver of a claim in an amount aggregating more than $500 shall also be investigated by the Comptroller General of the United States who shall submit a written report of his investigation to the Secretary of the Senate. (b) The Secretary of the Senate may not exercise his authority under this section to waive any claim— (1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the Vice President, the Senator, the officer or employee, or any other person having an interest in obtaining a waiver of the claim; or (2) if the application for waiver is received in his office after

Time limitation.

the expiration of 3 years immediately following the date on which the erroneous payment of pay or allowances was discovered. (c) In the audit and settlement of accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the United States is waived under this section. (d) An erroneous payment, the collection of which is waived under this section, is deemed a valid payment for all purposes. (e) This section does not affect any authority under any other law

Savings provision.

 to litigate, settle, compromise, or waive any claim of the United States. (f) The Secretary of the Senate shall promulgate rules and regulations

Rules and regulations.

 to carry out the provisions of this section.
88 Stat. 395
Sec. 3. (a) A claim of the United States against a person arising

House officers or employees, waiver by Clerk of the House.

2 USC 130d.

 out of an erroneous payment of any pay or allowances, other than travel and transportation expenses and allowances, on or after the date of enactment of this section, to an officer or employee whose pay is disbursed by the Clerk of the House of Representatives, the collection of which would be against equity and good conscience and not in the best interests of the United States, may be waived in whole or in part by the Speaker of the House, if the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official. (b) An application for waiver of a claim shall be investigated by

Investigation, report to Speaker of the House.

 the Clerk of the House of Representatives who shall submit a written report of his investigation to the Speaker of the House. (c) The Speaker of the House may not exercise his authority under this section to waive any claim— (1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the officer or employee or any other person having an interest in obtaining a waiver of the claim; or (2) if the application for waiver is received in his office after

Time limitation.

 the expiration of 3 years immediately following the date on which the erroneous payment of pay or allowances was discovered. (d) In the audit and settlement of the accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the United States is waived under this section. (e) An erroneous payment, the collection of which is waived under this section, is deemed a valid payment for all purposes. (f) This section does not affect any authority under any other law

Savings provision.

 to litigate, settle, compromise, or waive any claim of the United States. (g) The Speaker of the House shall prescribe rules and regulations

Rules and regulations.

 to carry out the provisions of this section.
Approved July 25, 1974.
Public Law 93–360: To amend the National Labor Relations Act to extend its coverage and protection to employees of nonprofit hospitals, and for other purposes. Public Law 360 88 Stat. 395 1974-07-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–360
An Act To amend the National Labor Relations Act to extend its coverage and protection to employees of nonprofit hospitals, and for other purposes.

July 26, 1974

[S. 3203]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) section

National Labor Relations Act, amendments.

29 USC 152.

 2(2) of the National Labor Relations Act is amended by striking out “or any corporation or association operating a hospital, if no part of the net earnings inures to the benefit of any private shareholder or individual,”. (b) Section 2 of such Act is amended by adding at the end thereof

“Health care institution.”

 the following new subsection: “(14) The term ‘health care institution’ shall include any hospital, convalescent hospital, health maintenance organization, health clinic, nursing home, extended care facility, or other institution devoted to the care of sick, infirm, or aged person.”. (c) The last sentence of section 8(d) of such Act is amended by

29 USC 158.

 striking out the words “the sixty-day” and inserting in lieu thereof “any notice” and by inserting before the words “shall lose” a comma and the following: “or who engages in any strike within the appropriate period specified in subsection (g) of this section,”.

Post, p . 396.

 88 Stat. 396 (d) (1) The last paragraph of section 8(d) of such Act is amended

Notices.

29 USC 158.

 by adding at the end thereof the following new sentence: “Whenever the collective bargaining involves employees of a health care institution, the provisions of this section 8(d) shall be modified as follows: “(A) The notice of section 8(d) (1) shall be ninety days; the notice of section 8(d) (3) shall be sixty days; and the contract period of section 8(d)(4) shall be ninety days. “(B) Where the bargaining is for an initial agreement following certification or recognition, at least thirty days’ notice of the existence of a dispute shall be given by the labor organization to the agencies set forth in section 8 (d) (3). “(C) After notice is given to the Federal Mediation and Conciliation Service under either clause (A) or (B) of this sentence, the Service shall promptly communicate with the parties and use its best efforts, by mediation and conciliation, to bring them to agreement. The parties shall participate fully and promptly in such meetings as may be undertaken by the Service for the purpose of aiding in a settlement of the dispute.” (e) Section 8 of such Act is amended by adding at the end thereof

Notification preceding strikes.

 the following new subsection. “(g) A labor organization before engaging in any strike, picketing, or other concerted refusal to work at any health care institution shall, not less than ten days prior to such action, notify the institution in writing and the Federal Mediation and Conciliation Service of that intention, except that in the case of bargaining for an initial agreement following certification or recognition the notice required by this subsection shall not be given until the expiration of the period specified in clause (B) of the last sentence of section 8(d) of this Act. The notice shall state the date and time that such action will commence. The notice, once given, may be extended by the written agreement of both parties.”
SEC. 2. Title II of the Labor Management Relations Act, 1947, is amended by adding at the end thereof the following new section:
“conciliation of labor disputes in the health care industry
“Sec. 213. (a) If, in the opinion of the Director of the Federal Mediation

Board of Inquiry.

29 USC 183.

 and Conciliation Service a threatened or actual strike or lock-out affecting a health care institution will, if permitted to occur or to continue, substantially interrupt the delivery of health care in the locality concerned, the Director may further assist in the resolution of the impasse by establishing within 30 days after the notice to the Federal Mediation and Conciliation Service under clause (A) of the last sentence of section 8(d) (which is required by clause (3) of such

Ante, p. 395.

 section 8 (d)), or within 10 days after the notice under clause (B), an impartial Board of Inquiry to investigate the issues involved in the dispute and to make a written report thereon to the parties within

Report.

 fifteen (15) days after the establishment of such a Board. The written report shall contain the findings of fact together with the Board’s recommendations for settling the dispute, with the objective of achieving a prompt, peaceful and just settlement of the dispute. Each such

Membership.

 Board shall be composed of such number of individuals as the Director may deem desirable. No member appointed under this section shall have any interest or involvement in the health care institutions or the employee organizations involved in the dispute. “(b) (1) Members of any board established under this section who are otherwise employed by the Federal Government shall serve without compensation but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in carrying out its duties under this section. 88 Stat. 397 “(2) Members of any board established under this section who are

Compensation.

 not subject to paragraph (1) shall receive compensation at a rate prescribed by the Director but not to exceed the daily rate prescribed for GS–18 of the General Schedule under section 5332 of title 5, United States Code, including travel for each day they are engaged in the

5 USC 5332 note.

 performance of their duties under this section and shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out their duties under this section. “(c) After the establishment of a board under subsection (a) of this section and for 15 days after any such board has issued its report, no change in the status quo in effect prior to the expiration of the contract in the case of negotiations for a contract renewal, or in effect prior to the time of the impasse in the case of an initial bargaining negotiation, except by agreement, shall be made by the parties to the controversy. “(d) There are authorized to be appropriated such sums as may

Appropriation.

 be necessary to carry out the provisions of this section.”
Sec. 3. The National Labor Relations Act is amended by adding immediately after section 18 thereof the following new section:
“individuals with religious convictions
“Sec. 19. Any employee of a health care institution who is a member

29 USC 169.

 of and adheres to established and traditional tenets or teachings of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting labor organizations shall not be required to join or financially support any labor organization as a condition of employment; except that such employee may be required, in lieu of periodic dues and initiation fees, to pay sums equal to such dues and initiation fees to a nonreligious charitable fund exempt from taxation under section 501(c) (3) of the Internal Revenue Code, chosen by such employee from a list of at least

26 USC 501.

 three such funds, designated in a contract between such institution and a labor organization, or if the contract fails to designate such funds, then to any such fund chosen by the employee.”
Sec. 4. The amendments made by this Act shall become effective on

Effective date.

29 USC 169 note.

 the thirtieth day after its date of enactment.
Approved July 26, 1974.
Public Law 93–361: To secure to the Congress additional time in which to consider the proposed amendments to the Federal Rules of Criminal Procedure which the Chief Justice of the United States Supreme Court transmitted to the Congress on April 22, 1974. Public Law 361 88 Stat. 397 1974-07-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–361
An Act To secure to the Congress additional time in which to consider the proposed amendments to the Federal Rules of Criminal Procedure which the Chief Justice of the United States Supreme Court transmitted to the Congress on April 22, 1974.

July 30, 1974

[H. R. 15461]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, notwithstanding

Federal Rules of Criminal Procedure.

Congressional approval, time extension.

18 USC 3771 note.

 the provisions of sections 3771 and 3772 of title 18 of the United States Code, the effective date of the proposed amendments to the Federal Rules of Criminal Procedure which are embraced by the order entered by the United States Supreme Court on April 22, 1974, and which were transmitted to the Congress by the Chief Justice on April 22, 1974, is postponed until August 1, 1975.
Approved July 30, 1974.
Public Law 93–362: To amend the Anadromous Fish Conservation Act in order to extend the authorization for appropriations: to carry out such Act, and for other purposes. Public Law 362 88 Stat. 398 1974-07-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 398 Public Law 93–362
An Act To amend the Anadromous Fish Conservation Act in order to extend the authorization for appropriations: to carry out such Act, and for other purposes.

July 30, 1974

[H. R. 11295]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 2 of the

Anadromous Fish Conservation Act, amendments.

 Anadromous Fish Conservation Act (16 U.S.C. 757b) is amended by striking out the semicolon at the end of clause (3) thereof, and inserting the following new language: “, and for the control of the sea lamprey;”.
Sec. 2. Section 4(a) of the Anadromous Fish Conservation Act (16 U.S.C. 757d(a)) is amended by striking out “the fiscal year ending June 30, 1974” and inserting in lieu thereof the following: “each of the fiscal years ending June 30, 1974, June 30, 1975, June 30, 1976, June 30, 1977, June 30, 1978, and June 30, 1979”.
Sec. 3. (a) Subsection (c) of the first section of the Anadromous Fish Conservation Act (16 U.S.C. 757a(c)) is amended by striking out “60 per centum” and inserting in lieu thereof “66% per centum”. (b) Section 4(a) of the Anadromous Fish Conservation Act (16 U.S.C. 757d(a)) (as amended by section 2 of this Act) is further amended by striking out “$10,000,000” and inserting in lieu thereof “$20,000,000”.
Approved July 30, 1974.
Public Law 93–363: To provide for access to all duly licensed clinical psychologists and optometrists without prior referral in the Federal employee health benefits program. Public Law 363 88 Stat. 398 1974-07-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–363
An Act To provide for access to all duly licensed clinical psychologists and optometrists without prior referral in the Federal employee health benefits program.

July 30, 1974

[H. R. 9440]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 8902

Federal employees.

Access to clinical psychologists and optometrists.

 of title 5, United States Code, is amended by adding at the end thereof the following: “(j) When a contract under this chapter requires payment or reimbursement for services which may be performed by a clinical psychologist or optometrist, licensed or certified as such under Federal or State law, as applicable, an employee, annuitant, or family member covered by the contract shall be free to select, and shall have direct access to, such a clinical psychologist or optometrist without supervision or referral by another health practitioner and shall be entitled under the contract to have payment or reimbursement made to him or on his behalf for the services performed. The provisions of this subsection shall not apply to group practice prepayment plans.”.
Sec. 2. The amendment made by this Act shall become effective with

Effective date.

5 USC 8902 note.

 respect to any contract entered into or renewed on or after the date of enactment of this Act.
Approved July 30, 1974.
Public Law 93–364: To authorize the Secretary of the Interior to sell certain rights in the State of Florida. Public Law 364 88 Stat. 399 1974-08-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 399 Public Law 93–364
An Act To authorize the Secretary of the Interior to sell certain rights in the State of Florida.

August 2, 1974

[H. R. 377]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary

Marion County, Fla.

Mineral interests, conveyance.

 of the Interior is authorized and directed to convey to the record owner thereof, in accordance with section 3 of this Act, all right, title, and interest in minerals reserved to the United States in land described as the northwest quarter of the southwest quarter of section 20, township 15 south range 23 east, in Marion County, Florida.
Sec. 2. The Secretary shall require the deposit of a sum of money

Administrative costs.

 which he deems sufficient to cover estimated administrative costs of this Act. If a conveyance is not made pursuant to this Act, and the administrative costs exceed the deposit the Secretary shall bill the applicant for the outstanding amount, but if the amount of the deposit exceeds the actual administrative costs, the Secretary shall refund the excess.
Sec. 3. No conveyance shall be made unless application for conveyance

Application.

 is filed with the Secretary within six months of the date of approval of this Act and unless within the time specified by him payment is made to the Secretary of (1) administrative costs of the conveyance and (2) the fair market value of the interest to be conveyed. The amount of the payment required shall be the difference between the amount deposited and the full amount required to be paid under this section. If the amount deposited exceeds the full amount required to be paid, the applicant shall be given a credit or refund for the excess.
Sec. 4. The term “administrative costs” as used in this Act, includes,

“Administrative costs.”

 but is not limited to, all costs of (1) conducting an exploratory program to determine the character of the mineral deposits in the land, (2) evaluating the data obtained under the exploratory program to determine the fair market value of the mineral rights to be conveyed, and (3) preparing and issuing the instrument of conveyance.
Sec. 5. Moneys paid to the Secretary for administrative costs shall be paid to the agency which rendered the service, and deposited to the appropriation then current. Moneys paid for the minerals or mineral interests conveyed shall be deposited into the general fund of the Treasury as miscellaneous receipts.
Approved August 2, 1974.
Public Law 93–365: To authorize appropriations during the fiscal year 1975 for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons, and research, development, test and evaluation for the Armed Forces, and to prescribe the authorized personnel strength for each active duty component and of the Selected Reserve of each Reserve component of the Armed Forces and of civilian personnel of the Department of Defense, and to authorize the military training student loads and for other purposes. Public Law 365 88 Stat. 399 1974-08-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–365
An Act To authorize appropriations during the fiscal year 1975 for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons, and research, development, test and evaluation for the Armed Forces, and to prescribe the authorized personnel strength for each active duty component and of the Selected Reserve of each Reserve component of the Armed Forces and of civilian personnel of the Department of Defense, and to authorize the military training student loads and for other purposes.

August 5, 1974

[H. R. 14592]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Department of Defense Appropriation Authorization Act, 1975.

 88 Stat. 400 <num value="I">TITLE I—</num> <heading class="inline">PROCUREMENT</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <chapeau class="inline">Funds are hereby authorized to be appropriated during the fiscal year 1975 for the use of the Armed Forces of the United States for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons as authorized by law, in amounts as follows:</chapeau> <appropriations level="intermediate"> <heading>Aircraft</heading> <content>For aircraft: for the Army, $320,300,000; for the Navy and the Marine Corps, $2,866,200,000; for the Air Force, $3,286,300,000 of which (1) $104,900,000 shall be used only for the procurement of A–7D aircraft for the Air National Guard of the United States, and (2) $405,100,000 shall be available only for procurement in connection with the Airborne Warning and Control System, and shall be available for that purpose only if and after the Secretary of Defense determines and certifies such determination to the Congress that such system is cost effective and meets the mission needs and requirements of the Department of Defense, except that the foregoing certification requirement shall not apply with respect to the procurement of long lead time items for such system.</content> </appropriations> <appropriations level="intermediate"> <heading>Missiles</heading> <content>For missiles: for the Army, $436,500,000; for the Navy, $634,500,000; for the Marine Corps, $74,100,000; for the Air Force, $1,579,200,000.</content> </appropriations> <appropriations level="intermediate"> <heading>Naval Vessels</heading> <content>For Naval vessels: for the Navy, $3,156,400,000, of which sum $1,166,800,000 shall be used only for the Trident program; $502,500,000 shall be used only for the SSN–688 nuclear attack submarine; $244,300,000 shall be used only for the DLGN nuclear powered guided missile frigate program; $457,100,000 shall be used only for the DD–963 program; $16,000,000 shall be used only for the sea control ship program; $92,300,000 shall be used only for the patrol hydrofoil missile program; $186,000,000 shall be used only for the patrol frigate program; $81,400,000 shall be used only for the fleet oiler; $116,700,000 shall be used only for a destroyer tender; $10,800,000 shall be used only for a fleet ocean tug; $104,600,000 shall be used only for the Poseidon conversion of fleet ballistic-missile submarines; $18,300,000 shall be used only for conversion of a submarine tender; $22,000,000 shall be used only for craft; $10,400,000 shall be used only for pollution abatement craft; $55,300,000 shall be used only for outfitting material and post delivery; $71,900,000 shall be used only for escalation on prior year programs.</content> </appropriations> <appropriations level="intermediate"> <heading>Tracked Combat Vehicles</heading> <content>For tracked combat vehicles: for the Army, $300,600,000; for the Marine Corps, $74,200,000.</content> </appropriations> <appropriations level="intermediate"> <heading>Torpedoes</heading> <content class="indent0 firstIndent1 fontsize10">For torpedoes and related support equipment: for the Navy, $187,700,000,</content> </appropriations> <page identifier="/us/stat/88/401">88 <inline class="smallCaps">Stat</inline>. 401</page> <appropriations level="intermediate"> <heading>Other Weapons</heading> <content>For other weapons: for the Army, $52,200,000; for the Navy, $25,500,000; for the Marine Corps, $500,000.</content> </appropriations> </section> <num value="II">TITLE II—</num> <heading class="inline">RESEARCH, DEVELOPMENT, TEST AND EVALUATION</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content class="inline"> <p class="inline">Funds are hereby authorized to be appropriated during the fiscal year 1975 for the use of the Armed Forces of the United States for research, development, test and evaluation, as authorized by law, in amounts as follows:</p> <p class="indent0 firstIndent1 fontsize10">For the Army, $1,878,397,000;</p> <p class="indent0 firstIndent1 fontsize10">For the Navy (including the Marine Corps), $3,153,006,000, of which $57,500,000 shall be available only for application to surface naval gunnery (excluding the Close-In Weapon System), including gun fire control systems, gun mounts, unguided and guided ordnance, and fuzing;</p> <p class="indent0 firstIndent1 fontsize10">For the Air Force, $3,389,517,000; and</p> <p class="indent0 firstIndent1 fontsize10">For the Defense Agencies, $516,057,000, of which $25,000,000 is authorized for the activities of the Director of Test and Evaluation, Defense.</p> </content> </section> <num value="III">TITLE III—</num> <heading class="inline">ACTIVE FORCES</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <chapeau class="inline">For the fiscal year beginning July 1, 1974, and ending <sidenote><p class="firstIndent1 fontsize8">Reduction.</p></sidenote> June 30, 1975, each component of the Armed Forces is authorized an end strength for active duty personnel as follows:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The Army, 785,000;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Navy, 540,380;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The Marine Corps, 196,398;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">The Air Force, 627,535.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The United States military forces in Europe can <sidenote><p class="firstIndent1 fontsize8">U.S. military forces in Europe, deployment.</p></sidenote> reduce headquarters and noncombat military personnel relative to the number of combat personnel located in Europe. Therefore, except in the event of imminent hostilities in Europe, the noncombat component of the total United States military strength in Europe authorized as of June 30, 1974, shall be reduced by 18,000. Such reduction shall be completed not later than June 30, 1976, and not less than 6,000 of such reduction shall be completed on or before June 30, 1975; however, the Secretary of Defense is authorized to increase the combat component strength of United States forces in Europe by the amount of any such , reduction made in noncombat personnel. The Secretary of Defense <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> shall report semi-annually to the Congress on all actions taken to improve the combat proportion of United States forces in Europe. The first report shall be submitted not later than March 31, 1975.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">For purposes of this section, the combat component of the Army <sidenote><p class="firstIndent1 fontsize8">Army, Navy and Air Force, combat components.</p></sidenote> includes only the infantry, cavalry, artillery, armored, combat engineers, special forces, attack assault helicopter units, air defense, and missile combat units of battalion or smaller size; the combat component of the Navy includes only the combat ships (aircraft carrier, cruiser, destroyer, submarine, escort and amphibious assault ships)<page identifier="/us/stat/88/402">88 <inline class="smallCaps">Stat</inline>. 402</page> and combat aircraft wings (fighter, attack, reconnaissance, and patrol); the combat component of the Air Force includes only the tactical fighter reconnaissance, tactical airlift, fighter interceptor and bomber units of wing or smaller size.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The Secretary of Defense shall undertake a specific assessment<sidenote><p class="firstIndent1 fontsize8">NATO members, weapons systems, standardization, assessment and evaluation.</p></sidenote> of the costs and possible loss of nonnuclear combat effectiveness of the military forces of the North Atlantic Treaty Organization countries caused by the failure of the North Atlantic Treaty Organization members, including the United States, to standardize weapons systems, ammunition, fuel, and other military impedimenta for land, air, and naval forces. The Secretary of Defense shall also develop a list of standardization actions that could improve the overall North Atlantic Treaty Organization nonnuclear defense capability or save resources for the alliance as a whole. He shall also evaluate the relative priority and effect of each such action. The Secretary shall submit the results of<sidenote><p class="firstIndent1 fontsize8">Submittal to Congress.</p></sidenote> these assessments and evaluations to the Congress and subsequently shall also cause them to be brought before the appropriate North Atlantic Treaty Organization bodies in order that the suggested actions and recommendations can become an integral par t of the overall North Atlantic Treaty Organization review of force goals and development of force plans. The Secretary of Defense shall report<sidenote><p class="firstIndent1 fontsize8">Reports to Congress.</p></sidenote> semiannually to the Congress on the specific assessments and evaluations made under the above provisions as well as the results achieved with the North Atlantic Treaty Organization allies. The first such report shall be submitted to Congress not later than January 31, 1975.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">The total number of United States tactical nuclear warheads<sidenote><p class="firstIndent1 fontsize8">U.S. tactical nuclear warheads in Europe.</p></sidenote> located in Europe on the date of enactment of this Act shall not be increased until after June 30, 1975, except in the event of imminent hostilities in Europe. The Secretary of Defense shall study the overall<sidenote><p class="firstIndent1 fontsize8">Use and reduction, study.</p></sidenote> concept for use of tactical nuclear weapons in Europe; how the use of such weapons relates to deterrence and to a strong conventional defense; reductions in the number and type of nuclear warheads which are not essential for the defense structure for Western Europe; and the steps that can be taken to develop a rational and coordinated nuclear posture by the North Atlantic Treaty Organization Alliance that is consistent with proper emphasis on conventional defense forces. The Secretary of Defense shall report to the Committees on Armed<sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote> Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives on the results of the above study on or before April 1, 1975.</content> </subsection> </section> <num value="IV">TITLE IV—</num> <heading class="inline">RESERVE FORCES</heading> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <chapeau class="inline">For the fiscal year beginning July 1, 1974, and ending June 30, 1975, the Selected Reserve of each Reserve component of the Armed Forces will be programed to attain an average strength of not less than the following:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The Army National Guard of the United States, 400,000;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Army Reserve, 225,000;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The Naval Reserve, 117,000;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">The Marine Corps Reserve, 36,703;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">The Air National Guard of the United States, 95,000;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">The Air Force Reserve, 51,319;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">The Coast Guard Reserve, 11,700.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <content class="inline">The average strength prescribed by section 401 of this title for the Selected Reserve of any Reserve component shall be proportionately reduced by (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component<page identifier="/us/stat/88/403">88 <inline class="smallCaps">Stat</inline>. 403</page> which are on active duty (other than for training) at any time during the fiscal year, and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at any time during the fiscal year. Whenever such units or such individual members are released from active duty during any fiscal year, the average strength for such fiscal year for the Selected Reserve of such Reserve component shall be proportionately increased by the total authorized strength of such units and by the total number of such individual members.</content> </section> <section class="firstIndent1 fontsize10"> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The average strength prescribed by section 401 of this <sidenote><p class="firstIndent1 fontsize8">Air National Guard.</p></sidenote> title for the Air National Guard of the United States shall be used to man a force which shall include not less than 91 flying units in the Air National Guard during the fiscal year beginning July 1, 1974.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">It is the policy of Congress that any increase in the ratio of aircrew to aircraft for the strategic airlift mission of the Air Force above the present ratio of crewmembers per aircraft should be achieved to the maximum extent possible through the components of the Selected Reserve and not by increasing the active duty force level of the Air Force. To carry out such policy the Secretary of Defense is directed <sidenote><p class="firstIndent1 fontsize8">Strategic airlift crew ratio increase, study.</p></sidenote> to study the possibility of increasing the strategic airlift crew ratio per aircraft to the required levels by utilizing jointly the resources of the Air National Guard and the Air Force Reserve. Such study shall specifically include: (1) restructuring the missions of Air National Guard units so as to retain an effective strategic airlift capability within the Air National Guard and the Air Force Reserve; (2) the utilization of Air National Guard units now in existence so as to avoid the loss of existing skills in those units; (3) alternatives, including, but not limited to, transfer, rotation, “hybridization”, and “association”, for making available to the Air National Guard and the Air Force Reserve strategic airlift aircraft in numbers sufficient to support an effective capability; and (4) the desirability of new statutory authority for the limited selective mobilization of members of the Air National Guard under circumstances not leading to a declaration of a national emergency by the Congress or the President. The Secretary <sidenote><p class="firstIndent1 fontsize8">Submittal to Congress.</p></sidenote> shall submit his study to the Congress not later than 180 days after the date of enactment of this Act, and before the implementation thereof, together with an evaluation of such study, a proposed schedule for its possible implementation, and such recommendations for legislative action relating to the subject matter of this section as he may deem appropriate.</content> </subsection> </section> <num value="V">TITLE V—</num> <heading class="inline">CIVILIAN PERSONNEL</heading> <section class="firstIndent1 fontsize10"> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">For the fiscal year beginning July 1, 1974, and <sidenote><p class="firstIndent1 fontsize8">Reduction.</p></sidenote> ending June 30, 1975, the Department of Defense is authorized an end strength for civilian personnel as follows:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">The Department of the Army, 358,717;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">The Department of the Navy, including the Marine Corps, 323,529;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">The Department of the Air Force, 269,709;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">(D) </num> <content class="inline">Activities and agencies of the Department of Defense (other than the military departments), 75,372.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The end strength for civilian personnel prescribed in paragraph (1) of this subsection for the fiscal year ending June 30, 1975, shall be reduced by 32,327. Such reduction shall be apportioned among the Army, Navy, Air Force, and activities and agencies of the Department of Defense as the Secretary of Defense shall prescribe. The<page identifier="/us/stat/88/404">88 <inline class="smallCaps">Stat</inline>. 404</page> Secretary of Defense shall report to Congress within 60 days after the<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> date of enactment of this Act on the manner in which this reduction is to be apportioned among the military services and the activities and agencies of the Department of Defense and among the mission categories described in the Manpower Requirements Report. This report shall include the rationale for each reduction.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">In computing the authorized end strength for civilian personnel there shall be included all direct-hire civilian personnel employed to perform military functions administered by the Department of Defense (other than those performed by the National Security Agency) whether in permanent or temporary positions and whether employed on a full-time, part-time, or intermittent basis, but excluding special employment categories for students and disadvantaged youth such as the stay-in-school campaign, the temporary summer aid program and the Federal junior fellowship program and personnel participating in the worker-trainee opportunity program. Whenever a function, power, or duty or activity is transferred or assigned to a department or agency of the Department of Defense from a department or agency outside of the Department of Defense or from a department or agency within the Department of Defense, the civilian personnel end strength authorized for such departments or agencies of the Department of Defense affected shall be adjusted to reflect any increases or decreases in civilian personnel required as a result of such transfer or assignment.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">When the Secretary of Defense determines that such action is<sidenote><p class="firstIndent1 fontsize8">Personnel increase, limitation.</p></sidenote> necessary in the national interest, he may authorize the employment of civilian personnel in excess of the number authorized by subsection (a) of this section, but such additional number may not exceed one half of one per centum of the total number of civilian personnel authorized for the Department of Defense by subsection (a) of this section. The Secretary of Defense shall promptly notify the Congress<sidenote><p class="firstIndent1 fontsize8">Notification to Congress.</p></sidenote> of any authorization to increase civilian personnel strength under the authority of this subsection.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num> <content class="inline">It is the sense of Congress that the Department of Defense<sidenote><p class="firstIndent1 fontsize8">Manpower conversion.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s138">10 USC 138 note</ref>.</p></sidenote> shall use the least costly form of manpower that is consistent with military requirements and other needs of the Department of Defense. Therefore, in developing the annual manpower authorization requests to the Congress and in carrying out manpower policies, the Secretary of Defense shall, in particular, consider the advantages of converting from one form of manpower to another (military, civilian, or private contract) for the performance of a specified job. A full justification of any conversion from one form of manpower to another shall be contained in the annual manpower requirements report to the Congress required by section 138(c)(3) of title 10, United States Code.</content> </section> <num value="VI">TITLE VI—</num> <heading class="inline">MILITARY TRAINING STUDENT LOADS</heading> <section class="firstIndent1 fontsize10"> <num value="601"><inline class="smallCaps">Sec</inline>. 601. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">For the fiscal year beginning July 1, 1974, and ending June 30, 1975, each component of the Armed Forces is authorized an average military training student load as follows:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The Army, 97,638;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Navy, 71,279;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The Marine Corps, 26,262;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">The Air Force, 52,900;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">The Army National Guard of the United States, 12,111;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">The Army Reserve, 6,673;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">The Naval Reserve, 2,536;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content class="inline">The Marine Corps Reserve, 3,403;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">(9) </num> <content class="inline">The Air National Guard of the United States, 2,359; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="10">(10) </num> <content class="inline">The Air Force Reserve, 1,126.</content> </paragraph> </subsection> <page identifier="/us/stat/88/405">88 <inline class="smallCaps">Stat</inline>. 405</page> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The average military training student loads for the Army, the Navy, the Marine Corps, and the Air Force and the Reserve components prescribed in subsection (a) of this section for the fiscal year ending June 30, 1975, shall be adjusted consistent with the manpower strengths provided in title III, title IV, and title V of this Act. Such adjustment shall be apportioned among the Army, the Navy, the Marine Corps, and the Air Force and the Reserve Components in such manner as the Secretary of Defense shall prescribe.</content> </subsection> </section> <num value="VII">TITLE VII—</num> <heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="701"><inline class="smallCaps">Sec</inline>. 701. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Paragraph (1) of section 401(a) of Public Law <sidenote><p class="firstIndent1 fontsize8">Funds, availability for South Vietnamese forces.</p></sidenote> 89–367, approved March 15, 1966 (80 Stat. 37), as amended, is amended to read as follows: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">There is authorized to be appropriated as a single appropriation to the Department of Defense for the fiscal year ending June 30, 1975, the sum of $1,000,000,000, including $263,860,000 for procurement of aircraft, missiles, tracked combat vehicles, and other weapons, to support South Vietnamese military forces. Such appropriation shall be administered and accounted for as one fund and may be obligated only by the issuance of orders by the Secretary of Defense for such support. Funds appropriated pursuant to this section shall be deemed obligated at the time the Secretary of Defense issues orders authorizing support of any kind to South Vietnamese military forces. No support herein authorized may be made available in any manner unless pursuant to a specific order issued by the Secretary.”</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">That portion of paragraph (2) of such section 401(a) which precedes clause (A) is amended to read as follows: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">No defense article may be furnished to the South Vietnamese forces with funds authorized under this or any other Act unless the Government of the Republic of South Vietnam shall have agreed that—”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Section 401 of such Public Law 89–367 is amended by striking out subsections (b), (c), and (d) and inserting in lieu thereof the following: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">No funds authorized by this or any other Act to or for use by <sidenote><p class="firstIndent1 fontsize8">Limitation.</p></sidenote> the Department of Defense may be obligated in the fiscal year ending June 30, 1975, for support of South Vietnamese military forces in any amount in excess of the amount of $1,000,000,000,</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">Any obligation incurred against funds authorized under this <sidenote><p class="firstIndent1 fontsize8">Nonexcess and excess materials and supplies.</p></sidenote> section shall, in the case of nonexcess materials and supplies furnished from the inventory of the Department of Defense, be equal to the replacement cost thereof at the time such obligation is incurred, and in the case of excess materials and supplies, be equal to the actual value thereof at the time such obligation is incurred.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">No funds authorized by this section may be used in any way <sidenote><p class="firstIndent1 fontsize8">Cambodia and Laos.</p></sidenote> to support Vietnamese or other forces in actions designed to provide military support and assistance to the Government of Cambodia or Laos.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content class="inline">Within 30 days after the end of each quarter of the fiscal year, <sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote> the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written report regarding actual obligations incurred against funds appropriated pursuant to this section. Such report shall indicate the different purposes for which such obligations were incurred and the amounts thereof, together with such other information as the Secretary determines appropriate.”</content> </subsection> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="702"><inline class="smallCaps">Sec</inline>. 702. </num> <content class="inline">Subsection (b) of section 7307 of title 10, United States <sidenote><p class="firstIndent1 fontsize8">Naval vessels, disposal restrictions.</p></sidenote> Code, is amended to read as follows: <page identifier="/us/stat/88/406">88 <inline class="smallCaps">Stat</inline>. 406</page> <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">After the date of enactment of this paragraph, no naval vessel in excess of 2,000 tons or less than 20 years of age may be sold, leased, granted, loaned, bartered, transferred, or otherwise disposed of to another nation unless the disposition thereof has been approved by law enacted after such date of enactment.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">After the date of enactment of this paragraph, any naval vessel not subject to the provisions of paragraph (1) may be sold, leased, granted, loaned, bartered, transferred, or otherwise disposed of to another nation in accordance with applicable provisions of law only after the Secretary of the Navy, or his designee, has notified the Committees <sidenote><p class="firstIndent1 fontsize8">Notification to congressional committees.</p></sidenote> on Armed Services of the Senate and the House of Representatives in writing of the proposed disposition and 30 days of continuous session of Congress have expired following the date on which notice was transmitted to such committees. For purposes of this paragraph,<sidenote><p class="firstIndent1 fontsize8">Congressional session, continuity.</p></sidenote> the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of such 30-day period.”</content> </paragraph> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="703"><inline class="smallCaps">Sec</inline>. 703. </num> <content class="inline">Notwithstanding any other provision of law, no funds<sidenote><p class="firstIndent1 fontsize8">Dogs, use for research, prohibition.</p></sidenote> authorized to be appropriated pursuant to this Act may be used for research, testing, and/or evaluation of poisonous gases, radioactive materials, poisonous chemicals, or biological or chemical warfare agents upon dogs for the purpose of developing biological or chemical weapons.</content> </section> <section class="firstIndent1 fontsize10"> <num value="704"><inline class="smallCaps">Sec</inline>. 704. </num> <content class="inline">Section 204 of Public Law 93–166 is amended by adding<sidenote><p class="firstIndent1 fontsize8">Island of Culebra, naval training operations, restrictions.</p></sidenote> at the end thereof a new subsection as follows: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content class="inline">Notwithstanding any other provision of law, the conduct by the Department of the Navy of training operations at the Culebra complex involving the firing of any shells, missiles, or other projectiles from ships or the dropping of any bombs, strafing, firing of rockets or missiles, or the launching of any other projectiles from aircraft at Culebra or at any keys within three nautical miles thereof is prohibited during any period of time that the negotiations required by subsection (b) have been ended on the initiative of the United States Government prior to the conclusion of a satisfactory agreement. In the conduct of the negotiations required by subsection (b) the Secretary of the Navy shall not agree to any relocation of training operations from the Island of Culebra which would be rendered ineffective by any international agreement on the law of the sea which may become international law within three years after the date of the enactment of this Act.”</content> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="705"><inline class="smallCaps">Sec</inline>. 705. </num> <content class="inline">Section 401 of the Department of Defense Supplemental<sidenote><p class="firstIndent1 fontsize8">Enlistment.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 234.</p></sidenote> Appropriations Authorization Act, 1974, is amended by striking out the period at the end of such section and inserting in lieu thereof the following: “<quotedText>when his enlistment is needed to meet established strength requirements.</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="706"><inline class="smallCaps">Sec</inline>. 706. </num> <content class="inline">None of the funds authorized by this Act may be used for<sidenote><p class="firstIndent1 fontsize8">Minuteman missile flight test, restriction.</p></sidenote> the purpose of carrying out any proposed flight test (including operational base launch) of the Minuteman missile from any place within the United States other than Vandenberg Air Force Base, Lompoc, California.</content> </section> <section class="firstIndent1 fontsize10"> <num value="707"><inline class="smallCaps">Sec</inline>. 707. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">No funds authorized to be appropriated by this or any<sidenote><p class="firstIndent1 fontsize8">Foreign goods, procurement restrictions.</p></sidenote> other Act may be obligated under a contract entered into by the Department of Defense after the date of the enactment of this Act for procurement of goods which are other than American goods unless, under regulations of the Secretary of Defense and subject to the determinations and exceptions contained in title III of the Act of<page identifier="/us/stat/88/407">88 <inline class="smallCaps">Stat</inline>. 407</page> March 3, 1933, as amended (47 Stat. 1520; 41 U.S.C. 10a, 10b), popularly known as the Buy American Act, there is adequate consideration given to—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the bids or proposals of firms located in labor surplus areas in the United States as designated by the Department of Labor which have offered to furnish American goods;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the bids or proposals of small business firms in the United States which have offered to furnish American goods;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the bids or proposals of all other firms in the United States which have offered to furnish American goods;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the United States balance of payments;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">the cost of shipping goods which are other than American goods; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">any duty, tariff, or surcharge which may enter into the cost of using goods which are other than American goods.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">For purposes of this section, the term “goods which are other <sidenote><p class="firstIndent1 fontsize8">“Goods which are other than American goods.”</p></sidenote> than American goods” means (1) an end product which has not been mined, produced, or manufactured in the United States, or (2) an end product manufactured in the United States but the cost of the components thereof which are not mined, produced, or manufactured in the United States exceeds the cost of components mined, produced, or manufactured in the United States.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="708"><inline class="smallCaps">Sec</inline>. 708. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Chapter 401 of title 10, United States Code, is amended—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by adding the following new section at the end thereof:</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <quotedContent> <section class="firstIndent0 fontsize10"> <num value="4314">“§4314. </num> <heading class="inline">United States Army Command and General Staff College degree</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s4314">10 USC 4314</ref>.</p></sidenote> <content class="indent0 firstIndent1 fontsize10">“Under regulations prescribed by the Secretary of the Army, and with the approval of a nationally recognized civilian accrediting association approved by the Commissioner of Education, Department of Health, Education, and Welfare, the Commandant of the United States Army Command and General Staff College may upon recommendation by the faculty confer the degree of master of military art <sidenote><p class="firstIndent1 fontsize8">Master of military art and science, degree requirements.</p></sidenote> and science upon graduates of the college who have fulfilled the following degree requirements: a minimum of thirty semester hours of graduate credit, including a masters thesis of six to eight semester hours, and a demonstration of competence in the discipline of military art and science as evidenced by satisfactory performance on a general comprehensive examination. These requirements may be altered only with the approval of such association. The Secretary of the Army <sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote> shall report annually to the Committees on Armed Services of the Senate and House of Representatives the following information: (1) the criteria which must be met to entitle a student to award of the degree, (2) whether such criteria have changed in any respect during the reporting year, (3) the number of students in the most recent resident course graduating class, (4) the number of such students who were enrolled in the master of military art and science program, and (5) the number of students successfully completing the master of military art and science program.”; and</content> </section> </quotedContent> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by adding the following new item at the end of the analysis of such chapter:</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <quotedContent> <toc> <referenceItem><designator>“4314. </designator><label>United States Army Command and General Staff College degree.”</label></referenceItem> </toc> </quotedContent> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Commandant of the United States Army Command and <sidenote><p class="firstIndent1 fontsize8">Retroactive degree conferral, limitation.</p></sidenote> General Staff College may confer the degree of master of military art and science upon graduates of the college who have completed the requirements for that degree since 1964 but prior to the enactment of this Act; but the number of such degrees awarded for such period <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s4314">10 USC 4314 note</ref>.</p></sidenote> may not exceed two hundred.</content> </subsection> </section> <page identifier="/us/stat/88/408">88 <inline class="smallCaps">Stat</inline>. 408</page> <section class="firstIndent1 fontsize10"> <num value="709"><inline class="smallCaps">Sec</inline>. 709. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Congress finds that the defense posture of the<sidenote><p class="firstIndent1 fontsize8">Proposed export of goods, technology and industrial techniques developed by DOD.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s2403–1">50 USC app. 2403–1</ref>.</p></sidenote> United States may be seriously compromised if goods, technology, and industrial techniques which have been developed in whole or in part as a direct or indirect result of research and development programs or procurement programs financed in whole or in part with funds authorized by this or any other Act authorizing funds for the Department of Defense are exported to a controlled country without an adequate and knowledgeable assessment having been made to determine whether the export of such goods, technology, and techniques will significantly increase the present or potential military capability of any such country. It is the purpose of this section, therefore, to<sidenote><p class="firstIndent1 fontsize8">Notice to Secretary; review authorization.</p></sidenote> provide for such an assessment, to insure notice of proposed exports to the Secretary of Defense, and to authorize the Secretary of Defense to review the proposed export of goods, technology, or industrial techniques to any such country whenever he has reason to believe that the export of such goods, technology, or techniques will significantly increase the military capability of such country.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Effective upon enactment of this section, any application for<sidenote><p class="firstIndent1 fontsize8">Export application, review and assessment.</p></sidenote> the export of any goods, technology, or industrial techniques described in subsection (a) shall, before being eligible for export to a controlled country, be reviewed and assessed by the Secretary of Defense for the purpose of determining whether the export of such goods, technology or techniques will significantly increase the present or potential military capability of such country.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">If the Secretary of Defense determines, after his review and<sidenote><p class="firstIndent1 fontsize8">Recommendation to President for disapproval.</p></sidenote> assessment, that the export of such goods, technology or industrial techniques will in his judgment significantly increase the present or potential military capability of any controlled country, he shall recommend to the President that the application for export be disapproved. In any case in which the President disagrees with a recommendation <sidenote><p class="firstIndent1 fontsize8">Presidential statement to Congress.</p></sidenote> made by the Secretary of Defense to prohibit the export of such goods, technology, or techniques to a controlled country, the President shall submit to the Congress a statement indicating his disagreement with the Secretary of Defense together with the recommendation of the Secretary of Defense. The application for the export of any such goods, technology, or techniques may be approved after submission by the President of his statement and the recommendation of the Secretary of Defense to the Congress and 60 days of continuous session of the Congress has elapsed following such submission unless within such 60 day period Congress has adopted a concurrent resolution disapproving the application for the export of such goods, technology, or techniques.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">As used in this section (1) the term “controlled country” means<sidenote><p class="firstIndent1 fontsize8">“Controlled country.”</p></sidenote> the Soviet Union, Poland, Romania, Hungary, Bulgaria, Czechoslovakia, the German Democratic Republic (East Germany), and such other countries as may be designated by the Secretary of Defense, and (2) the term “days of continuous session of the Congress” shall not<sidenote><p class="firstIndent1 fontsize8">“Days of continuous session of the Congress.”</p></sidenote> include days on which either House of Congress is not in session because of an adjournment of more than three days.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">The Secretary of Defense shall submit to the Congress a written report on his implementation of this section not later than 30 days after the close of each quarter of each fiscal year. Each such report shall, among other things, identify each instance in which the Secretary<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> recommended to the President that exports be disapproved and the action finally taken by the executive branch on the matter.</content> </subsection> </section> <num value="VIII">TITLE VIII—</num> <heading class="inline">NUCLEAR POWERED NAVY</heading> <section class="firstIndent1 fontsize10"> <num value="801"><inline class="smallCaps">Sec</inline>. 801. </num> <content class="inline">It is the policy of the United States of America to modernize <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s7291">10 USC 7291 note</ref>.</p></sidenote> the strike forces of the United States Navy by the construction<page identifier="/us/stat/88/409">88 <inline class="smallCaps">Stat</inline>. 409</page> of nuclear powered major combatant vessels and to provide for an adequate industrial base for the research, development, design, construction, operation, and maintenance for such vessels. New construction major combatant vessels for the strike forces of the United States Navy authorized subsequent to the date of the enactment of this Act becomes law shall be nuclear powered, except as provided in this title.</content> </section> <section class="firstIndent1 fontsize10"> <num value="802"><inline class="smallCaps">Sec</inline>. 802. </num> <chapeau class="inline">For the purposes of this title, the term “major combatant <sidenote><p class="firstIndent1 fontsize8">“Major combatant vessels for the strike forces of the United States Navy.”</p></sidenote> vessels for the strike forces of the United States Navy” means—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">combatant submarines for strategic or tactical missions, or both;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">combatant vessels intended to operate in combat in aircraft <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s7291">10 USC 7291 note</ref>.</p></sidenote> carrier task groups (that is, aircraft carriers and the cruisers, frigates, and destroyers which accompany aircraft carriers); and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">those types of combatant vessels referred to in clauses (1) and (2) above designed for independent combat missions where essentially unlimited high speed endurance will be of significant military value.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="803"><inline class="smallCaps">Sec</inline>. 803. </num> <content class="inline">The Secretary of Defense shall submit to Congress each <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s7291">10 USC 7291 note</ref>.</p></sidenote> calendar year, at the same time the President submits the budget to Congress under section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11), a written report regarding the application of nuclear propulsion to major combatant vessels for the strike forces of the United States Navy. The report shall identify contract placement <sidenote><p class="firstIndent1 fontsize8">Department of Defense Five Year Program.</p></sidenote> dates for their construction and shall identify the Department of Defense Five Year Defense Program for construction of nuclear powered major combatant vessels for the strike forces of the United States Navy.</content> </section> <section class="firstIndent1 fontsize10"> <num value="804"><inline class="smallCaps">Sec</inline>. 804. </num> <content> <p class="inline">All requests for authorizations or appropriations from <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s7291">10 USC 7291 note</ref>.</p></sidenote> Congress for major combatant vessels for the strike forces of the United States Navy shall be for construction of nuclear powered major combatant vessels for such forces unless and until the President has fully advised the Congress that construction of nuclear powered vessels for such purpose is not in the national interest. Such report of the President to the Congress shall include for consideration by Congress an alternate program of nuclear powered ships with appropriate design, cost, and schedule information.</p> <p class="indent0 firstIndent1 fontsize10">This Act may be cited as the “Department of Defense Appropriation <sidenote><p class="firstIndent1 fontsize8">Short title.</p></sidenote> Authorization Act, 1975”.</p> </content> </section> Approved August 5, 1974.
Public Law 93–366: To amend the Federal Aviation Act of 1958 to implement the Convention for the Suppression of Unlawful Seizure of Aircraft; to provide a more effective program to prevent aircraft piracy; and for other purposes. Public Law 366 88 Stat. 409 1974-08-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–366
An Act To amend the Federal Aviation Act of 1958 to implement the Convention for the Suppression of Unlawful Seizure of Aircraft; to provide a more effective program to prevent aircraft piracy; and for other purposes.

August 5, 1974

[S. 39]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Federal Aviation Act of 1958, amendments.

 <num value="I">TITLE I—</num> <heading class="inline">ANTIHIJACKING ACT OF 1974</heading> <sidenote><p class="firstIndent1 fontsize8">Antihijacking Act of 1974.</p><p class="firstIndent1 fontsize8">49 USC 1301 note.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">This title may be cited as the “Antihijacking Act of 1974”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <content class="inline">Section 101(32) of the Federal Aviation Act of 1958 (49 U.S.C. 1301(32)), relating to the definition of the term “special aircraft jurisdiction of the United States”, is amended to read as follows: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="32">“(32) </num> <chapeau class="inline">The term ‘special aircraft jurisdiction of the United States’ <sidenote><p class="firstIndent1 fontsize8">“Special aircraft jurisdiction of the United States.”</p></sidenote> includes—</chapeau> <level> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem> <num value="a">“(a) </num> <listContent class="indent1 firstIndent1 fontsize10 depth0">civil aircraft of the United States;</listContent></listItem> <listItem> <num value="b"><page identifier="/us/stat/88/410">88 <inline class="smallCaps">Stat</inline>. 410</page>“(b) </num> <listContent class="indent1 firstIndent1 fontsize10 depth0">aircraft of the national defense forces of the United States;</listContent></listItem> <listItem> <num value="c">“(c) </num> <listContent class="indent1 firstIndent1 fontsize10 depth0">any other aircraft within the United States;</listContent></listItem> <listItem> <num value="d">“(d) </num> <listContent class="indent1 firstIndent1 fontsize10 depth0">any other aircraft outside the United States—</listContent> <list> <listItem> <num value="ii">“(i) </num> <listContent class="indent2 firstIndent1 fontsize10 depth1">that has its next scheduled destination or last point of departure in the United States, if that aircraft next actually lands in the United States; or</listContent></listItem> <listItem> <num value="ii">“(ii) </num> <listContent class="indent2 firstIndent1 fontsize10 depth1">having ‘an offense’, as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft, committed<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s1641">22 UST 1641</ref>.</p></sidenote> aboard, if that aircraft lands in the United States with the alleged offender still aboard; and</listContent></listItem> </list> </listItem> <listItem> <num value="e">“(e) </num> <listContent class="indent0 firstIndent1 fontsize10 depth0">other aircraft leased without crew to a lessee who has his principal place of business in the United States, or if none, who has his permanent residence! in the United States;</listContent></listItem> </list> </content> </level> </paragraph> </quotedContent> <p class="inline">while that aircraft is in flight, which is from the moment when all external doors are closed following embarkation until the moment when one such door is opened for disembarkation or in the case of a forced landing, until the competent authorities take over the responsibility for the aircraft and for the persons and property aboard.”.</p> </content> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Paragraph (2) of subsection (i) of section 902 of such<sidenote><p class="firstIndent1 fontsize8">Aircraft piracy.</p></sidenote> Act (49 U.S.C. 1472), relating to the definition of the term “aircraft piracy”, is amended by striking out “<quotedText>threat of force or violence and</quotedText>” inserting in lieu thereof “<quotedText>threat of force or violence, or by any other form of intimidation, and</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Section 902 of such Act is further amended by redesignating subsections (n) and (o) as subsections (o) and (p), respectively, and by inserting immediately after subsection (m) the following new subsection: <quotedContent> <section> <heading class="smallCaps centered">“aircraft piracy outside special aircraft jurisdiction of the united states</heading> <subsection class="firstIndent1 fontsize10"> <num value="n">“(n) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Whoever aboard an aircraft in flight outside the special aircraft <sidenote><p class="firstIndent1 fontsize8">Penalty.</p></sidenote> jurisdiction of the United States commits ‘an offense’, as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft, and is afterward found in the United States shall be punished—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">by imprisonment for not less than 20 years; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">if the death of another person results from the commission or attempted commission of the offense, by death or by imprisonment for life.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">A person commits ‘an offense’, as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft when, while aboard an aircraft in flight, he—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">unlawfully, by force or threat thereof, or by any other form of intimidation, seizes, or exercises control of, that aircraft, or attempts to perform any such act; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">is an accomplice of a person who performs or attempts to perform any such act.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">This subsection shall only be applicable if the place of takeoff or the place of actual landing of the aircraft on board which the offense, as defined in paragraph (2) of this subsection, is committed is situated outside the territory of the State of registration of that aircraft.</content> </paragraph> <page identifier="/us/stat/88/411">88 <inline class="smallCaps">Stat</inline>. 411</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">For purposes of this subsection an aircraft is considered to be in flight from the moment when all the external doors are closed following embarkation until the moment when one such door is opened for disembarkation, or in the case of a forced landing, until the competent authorities take over responsibility for the aircraft and for the persons and property aboard.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Subsection (o) of such section 902, as so redesignated by subsection <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 410.</p></sidenote>(b) of this section, is amended by striking out “<quotedText>subsections (i) through (m)</quotedText>” and inserting in lieu thereof “<quotedText>subsections (i) through (n)</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 902(i) (1) is the Federal Aviation Act of 1958 <sidenote><p class="firstIndent1 fontsize8">Penalty.</p></sidenote> (49 U.S.C. 1472(i) (1)) is amended to read as follows: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">Whoever commits or attempts to commit aircraft piracy, as herein defined, shall be punished—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">by imprisonment for not less than 20 years; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">if the death of another person results from the commission or attempted commission of the offense, by death or by imprisonment for life.”.</content> </subparagraph> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Section 902(i) of such Act is further amended by adding at <sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote> the end thereof the following new paragraph: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">An attempt to commit aircraft piracy shall be within the special aircraft jurisdiction of the United States even though the aircraft is not in flight at the time of such attempt if the aircraft would have been within the special aircraft jurisdiction of the United States had the offense of aircraft piracy been completed.”.</content> </paragraph> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <content class="inline">Section 903 of the Federal Aviation Act of 1958 (49 U.S.C. 1473), relating to venue and prosecution of offenses, is amended by adding at the end thereof the following new subsection: <quotedContent> <section> <heading class="smallCaps centered">“procedure in respect of penalty for aircraft piracy</heading> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">A person shall be subjected to the penalty of death for any offense prohibited by section 902(i) or 902 (n) of this Act only if a <sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 410.</p></sidenote> hearing is held in accordance with this subsection.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">When a defendant is found guilty of or pleads guilty to an <sidenote><p class="firstIndent1 fontsize8">Sentencing hearing.</p></sidenote> offense under section 902(i) or 902(n) of this Act for which one of the sentences provided is death, the judge who presided at the trial or before whom the guilty plea was entered shall conduct a separate sentencing hearing to determine the existence or nonexistence of the factors set forth in paragraphs (6) and (7), for the purpose of determining the sentence to be imposed. The hearing shall not be held if the Government stipulates that none of the aggravating factors set forth in paragraph (7) exists or that one or more of the mitigating factors set forth in paragraph (6) exists. The hearings shall be conducted—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">before the jury which determined the defendant’s guilt;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">before a jury impaneled for the purpose of the hearing if—</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">the defendant was convicted upon a plea of guilty;</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">the defendant was convicted after a trial before the court sitting without a jury; or</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">the jury which determined the defendant’s guilt has been discharged by the court for good cause; or</content> </clause> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">before the court alone, upon the motion of the defendant and with the approval of the court and of the Government.</content> </subparagraph> </paragraph> <page identifier="/us/stat/88/412">88 <inline class="smallCaps">Stat</inline>. 412</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">In the sentencing hearing the court shall disclose to the<sidenote><p class="firstIndent1 fontsize8">Disclosure.</p></sidenote> defendant or his counsel all material contained in any presentence report, if one has been prepared, except such material as the court determines is required to be withheld for the protection of human life or for the protection of the national security. Any presentence information withheld from the defendant shall not be considered in determining the existence or the nonexistence of the factors set forth in paragraph (6) or (7). Any information relevant to any of the mitigating factors set forth in paragraph (6) may be presented by either the Government or the defendant, regardless of its admissibility under the rules governing admission of evidence at criminal trials; but the admissibility of information relevant to any of the aggravating factors set forth in paragraph (7) shall be governed by the rules governing the admission of evidence at criminal trials. The Government and the<sidenote><p class="firstIndent1 fontsize8">Rebuttals.</p></sidenote> defendant shall be permitted to rebut any information received at the hearing, and shall be given fair opportunity to present argument as to the adequacy of the information to establish the existence of any of the factors set forth in paragraph (6) or (7). The burden of establishing the existence of any of the factors set forth in paragraph (7) is on the Government. The burden of establishing the existence of any of the factors set forth in paragraph (6) is on the defendant.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">The jury or, if there is no jury, the court shall return a special<sidenote><p class="firstIndent1 fontsize8">Special verdict.</p></sidenote> verdict setting forth its findings as to the existence or nonexistence of each of the factors set forth in paragraph (6) and as to the existence or nonexistence of each of the factors set forth in paragraph (7).</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">If the jury or, if there is no jury, the court finds by a preponderance <sidenote><p class="firstIndent1 fontsize8">Death sentence.</p></sidenote> of the information that one or more of the factors set forth in paragraph (7) exists and that none of the factors set forth in paragraph (6) exists, the court shall sentence the defendant to death. If the jury or, if there is no jury, the court finds that none of the aggravating factors set forth in paragraph (7) exists, or finds that one or more of the mitigating factors set forth in paragraph (6) exists, the court shall not sentence the defendant to death but shall impose any other sentence provided for the offense for which the defendant was convicted.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">“(6) </num> <chapeau class="inline">The court shall not impose the sentence of death on the defendant <sidenote><p class="firstIndent1 fontsize8">Exceptions.</p></sidenote> if the jury or, if there is no jury, the court finds by a special verdict as provided in paragraph (4) that at the time of the offense—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">he was under the age of eighteen;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">his capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">he was under unusual and substantial duress, although not such duress as to constitute a defense to prosecution;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content class="inline">he was a principal (as defined in section 2(a) of title 18 of the United States Code) in the offense, which was committed by another, but his participation was relatively minor, although not so minor as to constitute a defense to prosecution; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="E">“(E) </num> <content class="inline">he could not reasonably have foreseen that his conduct in the course of the commission of the offense for which he was convicted would cause, or would create a grave risk of causing death to another person,</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">“(7) </num> <chapeau class="inline">If no factor set forth in paragraph (6) is present, the court<sidenote><p class="firstIndent1 fontsize8">Death sentence, imposition.</p></sidenote><page identifier="/us/stat/88/413">88 <inline class="smallCaps">Stat</inline>. 413</page> shall impose the sentence of death on the defendant if the jury or, if there is no jury, the court finds by a special verdict as provided in paragraph (4) that—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">the death of another person resulted from the commission of the offense but after the defendant had seized or exercised control of the aircraft; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">the death of another person resulted from the commission or attempted commission of the offense, and—</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">the defendant has been convicted of another Federal or State offense (committed either before or at the time of the commission or attempted commission of the offense) for which a sentence of life imprisonment or death was imposable;</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">the defendant has previously been convicted of two or more State or Federal offenses with a penalty of more than one year imprisonment (committed on different occasions before the time of the commission or attempted commission of the offense), involving the infliction of serious bodily injury upon another person;</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">in the commission or attempted commission of the offense, the defendant knowingly created a grave risk of death to another person in addition to the victim of the offense or attempted offense; or</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content class="inline">the defendant committed or attempted to commit the offense in an especially heinous, cruel, or depraved manner.”.</content> </clause> </subparagraph> </paragraph> </subsection> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <content class="inline">Title XI of such Act (49 U.S.C. 1501–1513) is amended by adding at the end thereof the following new sections: <quotedContent> <appropriations level="intermediate"> <heading>“Suspension of Air Services</heading> <section> <num value="1114">“<inline class="smallCaps">Sec</inline>. 1114. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Whenever the President determines that a foreign <sidenote><p class="firstIndent1 fontsize8">Foreign nations aiding terrorists groups.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1514">49 USC 1514</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s1641">22 UST 1641</ref>.</p></sidenote> nation is acting in a manner inconsistent with the Convention for the Suppression of Unlawful Seizure of Aircraft, or if he determines that a foreign nation permits the use of territory under its jurisdiction as a base of operations or training or as a sanctuary for, or in any way arms, aids, or abets, any terrorist organization which knowingly uses the illegal seizure of aircraft or the threat thereof as an instrument of policy, he may, without notice or hearing and for as long as he determines necessary to assure the security of aircraft against unlawful seizure, suspend (1) the right of any air carrier or foreign air carrier to engage in foreign air transportation, and the right of any person to operate aircraft in foreign air commerce, to and from that foreign nation, and (2) the right of any foreign air carrier to engage in foreign air transportation, and the right of any foreign person to operate aircraft in foreign air commerce, between the United States and any foreign nation which maintains air service between itself and that foreign nation. Notwithstanding section 1102 of this Act, the President’s authority to suspend rights under this section shall be deemed to be a condition to any certificate of public convenience and necessity or foreign air carrier or foreign aircraft permit issued by the Civil Aeronautics Board and any air carrier operating certificate or foreign air carrier operating specification issued by the Secretary of Transportation.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">It shall be unlawful for any air carrier or foreign air carrier to engage in foreign air transportation, or for any person to operate<page identifier="/us/stat/88/414">88 <inline class="smallCaps">Stat</inline>. 414</page> aircraft in foreign air commerce, in violation of the suspension of rights by the President under this section.</content> </subsection> </section> </appropriations> <appropriations level="intermediate"> <heading>“Security Standards in Foreign Air Transportation</heading> <section> <num value="1115">“<inline class="smallCaps">Sec</inline>. 1115. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Not later than 30 days after the date of enactment of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1515">49 USC 1515</ref>.</p></sidenote> this section, the Secretary of State shall notify each nation with which the United States has a bilateral air transport agreement or, in the absence of such agreement, each nation whose airline or airlines hold a foreign air carrier permit or permits issued pursuant to section 402 of this Act, of the provisions of subsection (b) of this section.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1372">49 USC 1372</ref>.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">In any case where the Secretary of Transportation, after consultation with the competent aeronautical authorities of a foreign nation with which the United States has a bilateral air transport agreement and in accordance with the provisions of that agreement or, in the absence of such agreement, of a nation whose airline or airlines hold a foreign air carrier permit or permits issued pursuant to section 402 of this Act, finds that such nation does not effectively maintain and administer security measures relating to transportation of persons or property or mail in foreign air transportation that are equal to or above the minimum standards which are established pursuant to the Convention on International Civil Aviation, he shall notify that nation<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/61/1180">61 Stat. 1180</ref>.</p></sidenote> of such finding and the steps considered necessary to bring the security measures of that nation to standards at least equal to the minimum standards of such convention. In the event of failure of that nation to take such steps, the Secretary of Transportation, with the approval of the Secretary of State, may withhold, revoke, or impose conditions on the operating authority of the airline or airlines of that nation.”.</content> </subsection> </section> </appropriations> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num> <content class="inline">The first sentence of section 901(a)(1) of such Act (49 U.S.C. 1471 (a) (1)), relating to civil penalties, is amended by inserting “<quotedText>, or of section 1114,</quotedText>” immediately before “<quotedText>of this Act</quotedText>”.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 413.</p></sidenote></content> </section> <section class="firstIndent1 fontsize10"> <num value="108"><inline class="smallCaps">Sec</inline>. 108. </num> <content class="inline">Subsection (a) of section 1007 of such Act (49 U.S.C. 1487), relating to judicial enforcement, is amended by inserting “<quotedText>or, in the case of a violation of section 1114 of this Act, the Attorney General,</quotedText>” immediately after “<quotedText>duly authorized agents,</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="109"><inline class="smallCaps">Sec</inline>. 109. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">That portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the side heading <quotedContent> <toc> <referenceItem role="section"><designator>“Sec. 902. </designator><label>Criminal penalties.”</label></referenceItem> </toc> </quotedContent> <p class="inline">is amended by striking out—</p> <quotedContent> <toc> <referenceItem role="section"><designator/><label/> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(n) Investigations by the Federal Bureau of Investigation,</label></referenceItem> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(o) Interference with aircraft accident investigation.”</label></referenceItem> </referenceItem> </toc> </quotedContent> <p class="inline">and inserting in lieu thereof—</p> <quotedContent> <toc> <referenceItem role="section"><designator/><label/> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(n) Aircraft piracy outside special aircraft jurisdiction of the United States,</label></referenceItem> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(o) Investigations by Federal Bureau of Investigation,</label></referenceItem> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(p) Interference with aircraft accident investigation.”.</label></referenceItem> </referenceItem> </toc> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">That portion of such table of contents which appears under the side heading <toc> <referenceItem role="section"><designator>“Sec. 903. </designator><label>Venue and prosecution of offenses.”</label></referenceItem> </toc> <p class="inline">is amended by adding at the end thereof the following new item:</p> <toc> <referenceItem role="section"><designator/><label/> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(c) Procedure in respect of penalty for aircraft piracy.”.</label></referenceItem> </referenceItem> </toc> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">That portion of such table of contents which appears under the center heading “TITLE XI—MISCELLANEOUS” is amended by adding at the end thereof the following new items: <toc> <referenceItem role="section"><designator>“Sec. 1114. </designator><label>Suspension of air services.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 1115. </designator><label>Security standards in foreign air transportation.”.</label></referenceItem> </toc> </content> </subsection> </section> 88 Stat. 415 <num value="II">TITLE II—</num> <heading class="inline">AIR TRANSPORTATION SECURITY ACT OF 1974</heading> <sidenote><p class="firstIndent1 fontsize8">Air Transportation Security Act of 1974.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content class="inline">This title may be cited as the “Air Transportation Security <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1356">49 USC 1356 note</ref>.</p></sidenote> Act of 1974”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content class="inline">Title III of the Federal Aviation Act of 1958 (49 U.S.C. 1341–1355), relating to organization of the Federal Aviation Administration and the powers and duties of the Administrator, is amended by adding at the end thereof the following new sections: <quotedContent> <appropriations level="intermediate"> <heading>“Screening of Passengers</heading> <section> <heading class="smallCaps centered">“procedures and facilities</heading> <section class="firstIndent1 fontsize10"> <num value="315">“<inline class="smallCaps">Sec</inline>. 315. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Administrator shall prescribe or continue in <sidenote><p class="firstIndent1 fontsize8">Regulations.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1356">49 USC 1356</ref>.</p></sidenote> effect reasonable regulations requiring that all passengers and all property intended to be carried in the aircraft cabin in air transportation or intrastate air transportation be screened by weapon-detecting procedures or facilities employed or operated by employees or agents of the air carrier, intrastate air carrier, or foreign air carrier prior to boarding the aircraft for such transportation. One year after the date of enactment of this section or after the effective date of such regulations, whichever is later, the Administrator may alter or amend such regulations, requiring a continuation of such screening only to the extent deemed necessary to assure security against acts of criminal violence and aircraft piracy in air transportation and intrastate air transportation. The Administrator shall submit semiannual reports to the <sidenote><p class="firstIndent1 fontsize8">Reports to Congress.</p></sidenote> Congress concerning the effectiveness of screening procedures under this subsection and shall advise the Congress of any regulations or amendments thereto to be prescribed pursuant to this subsection at least 30 days in advance of their effective date, unless he determines <sidenote><p class="firstIndent1 fontsize8">Emergency, notification of Congress.</p></sidenote> that an emergency exists which requires that such regulations or amendments take effect in less than 30 days and notifies the Congress of his determination.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“exemption authority</heading> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">The Administrator may exempt from the provisions of this section, in whole or in part, air transportation operations, other than those scheduled passenger operations performed by air carriers engaging in interstate, overseas, or foreign air transportation under a certificate of public convenience and necessity issued by the Civil Aeronautics Board under section 401 of this Act or under a foreign air <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1371">49 USC 1371</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1372">49 USC 1372</ref>.</p></sidenote> carrier permit issued by the Board under section 402 of this Act. </content> </subsection> </section> </appropriations> <appropriations level="intermediate"> <heading>“Air Transportation Security</heading> <section> <heading class="smallCaps centered">“rules and regulations</heading> <section class="firstIndent1 fontsize10"> <num value="316">“<inline class="smallCaps">Sec</inline>. 316. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Administrator of the Federal Aviation <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1357">49 USC 1357</ref>.</p></sidenote> Administration shall prescribe such reasonable rules and regulations requiring such practices, methods, and procedures, or governing the design, materials, and construction of aircraft, as he may deem necessary to protect persons and property aboard aircraft operating in air transportation or intrastate air transportation against acts of criminal violence and aircraft piracy.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">In prescribing and amending rules and regulations under paragraph (1) of this subsection, the Administrator shall—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">consult with the Secretary of Transportation, the Attorney General, and such other Federal, State, and local agencies as he may deem appropriate;</content> </subparagraph> <page identifier="/us/stat/88/416">88 <inline class="smallCaps">Stat</inline>. 416</page> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">consider whether any proposed rule or regulation is consistent with protection of passengers in air transportation or intrastate air transportation against acts of criminal violence and aircraft piracy and the public interest in the promotion of air transportation and intrastate air transportation;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">to the maximum extent practicable, require uniform procedures for the inspection, detention, and search of persons and property in air transportation and intrastate air transportation to assure their safety and to assure that they will receive courteous and efficient treatment, by air carriers, their agents and employees, and by Federal, State, and local law enforcement personnel engaged in carrying out any air transportation security program established under this section; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content class="inline">consider the extent to which any proposed rule or regulation will contribute to carrying out the purposes of this section.</content> </subparagraph> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">“personnel</heading> <section class="firstIndent1 fontsize10"> <subsection class="inline"> <num value="b">“(b) </num> <chapeau class="inline">Regulations prescribed under subsection (a) of this section shall require operators of airports regularly serving air carriers certificated by the Civil Aeronautics Board to establish air transportation security programs providing a law enforcement presence and capability at such airports adequate to insure the safety of persons traveling in air transportation or intrastate air transportation from acts of criminal violence and aircraft piracy. Such regulations shall authorize such airport operators to utilize the services of qualified State, local, and private law enforcement personnel whose services are made available by their employers. In any case in which the Administrator determines, after receipt of notification from an airport operator in such form as the Administrator may prescribe, that qualified State, local, and private law enforcement personnel are not available in sufficient numbers to carry out the provisions of subsection (a) of this section, the Administrator may, by order, authorize such airport operator to utilize, on a reimbursable basis, the services of—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">personnel employed by any other Federal department or agency, with the consent of the head of such department or agency; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">personnel employed directly by the Administrator;</content> </paragraph> <chapeau class="inline">at the airport concerned in such numbers and for such period of time as the Administrator may deem necessary to supplement such State, local, and private law enforcement personnel. In making the determination referred to in the preceding sentence the Administrator shall take into consideration—</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">the number of passengers enplaned at such airport;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">the extent of anticipated risk of criminal violence and aircraft piracy at such airport or to the air carrier aircraft operations at such airport; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">the availability at such airport of qualified State or local law enforcement personnel.</content> </subparagraph> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">“training</heading> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The Administrator may provide training for personnel employed by him to carry out any air transportation security program established under this section and for other personnel, including State, local, and private law enforcement personnel, whose services may be utilized in carrying out any such air transportation security program. The Administrator shall prescribe uniform standards with respect to<sidenote><p class="firstIndent1 fontsize8">Standards.</p></sidenote> training provided personnel whose services are utilized to enforce any such air transportation security program, including State, local, and<page identifier="/us/stat/88/417">88 <inline class="smallCaps">Stat</inline>. 417</page> private law enforcement personnel, and uniform standards with respect to minimum qualifications for personnel eligible to receive such training.</content> </subsection> </section> <section> <heading class="smallCaps centered">“research and development; confidential information</heading> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Administrator shall conduct such research (including behavioral research) and development as he may deem appropriate to develop, modify, test, and evaluate systems, procedures, facilities, and devices to protect persons and property aboard aircraft in air transportation or intrastate air transportation against acts of criminal violence and aircraft piracy.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">Notwithstanding section 552 of title 5, United States Code, <sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote> relating to freedom of information, the Administrator shall prescribe such regulations as he may deem necessary to prohibit disclosure of any information obtained or developed in the conduct of research and development activities under this subsection if, in the opinion of the Administrator, the disclosure of such information—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">would constitute an unwarranted invasion of personal privacy (including, but not limited to, information contained in any personnel, medical, or similar file) ;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">would reveal trade secrets or privileged or confidential commercial or financial information obtained from any person; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">would be detrimental to the safety of persons traveling in air transportation.</content> </subparagraph> </paragraph> <continuation class="inline">Nothing in this subsection shall be construed to authorize the withholding of information from the duly authorized committees of the Congress.</continuation> </subsection> </section> <section> <heading class="smallCaps centered">“overall federal responsibility</heading> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Except as otherwise specifically provided by law, no power, function, or duty of the Administrator of the Federal Aviation Administration under this section shall be assigned or transferred to any other Federal department or agency.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Notwithstanding any other provision of law, the Administrator of the Federal Aviation Administration shall have exclusive responsibility for the direction of any law enforcement activity affecting the safety of persons aboard aircraft in flight involved in the commission of an offense under section 902(i) or 902 (n) of this Act. Other Federal departments and agencies shall, upon request by the Administrator, provide such assistance as may be necessary to carry out the purposes of this paragraph.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">For the purposes of this subsection, an aircraft is considered in flight from the moment when all external doors are closed following embarkation until the moment when one such door is opened for disembarkation.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">“definition</heading> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <chapeau class="inline">For the purposes of this section, the term ‘law enforcement personnel’ means individuals—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">authorized to carry and use firearms,</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">vested with such police power of arrest as the Administrator deems necessary to carry out this section, and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">identifiable by appropriate indicia of authority.”.</content> </paragraph> </subsection> </section> </appropriations> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="203">Sec. 203. </num> <content class="inline">Section 902(1) of the Federal Aviation Act of 1958 is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1472">49 USC 1472</ref>.</p></sidenote> amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“carrying weapons or explosives aboard aircraft</heading> <subsection class="firstIndent1 fontsize10"> <num value="l">“(l) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Whoever, while aboard, or while attempting to board, any aircraft in, or intended for operation in, air transportation or intra-<page identifier="/us/stat/88/418">88 <inline class="smallCaps">Stat</inline>. 418</page>state air transportation, has on or about his person or his property a concealed deadly or dangerous weapon, which is, or would be, accessible to such person in flight, or any person who has on or about his person, or who has placed, attempted to place, or attempted to have placed aboard such aircraft any bomb, or similar explosive or incendiary device, shall be fined not more than $1,000 or imprisoned not more<sidenote><p class="firstIndent1 fontsize8">Penalty.</p></sidenote> than one year, or both.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Whoever willfully and without regard for the safety of human<sidenote><p class="firstIndent1 fontsize8">Penalty.</p></sidenote> life, or with reckless disregard for the safety of human life, shall commit an act prohibited by paragraph (1) of this subsection, shall be fined not more than $5,000 or imprisoned not more than five years, or both.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">This subsection shall not apply to law enforcement officers of<sidenote><p class="firstIndent1 fontsize8">Exceptions. </p></sidenote> any municipal or State government, or the Federal Government, who are authorized or required within their official capacities to carry arms, or to persons who may be authorized, under regulations issued by the Administrator, to carry deadly or dangerous weapons in air transportation or intrastate air transportation; not shall it apply to persons transporting weapons contained in baggage which is not accessible to passengers in flight if the presence of such weapons has been declared to the air carrier.”</content> </paragraph> </subsection> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <content class="inline">Section 1111 of the Federal Aviation Act of 1958 (49 U.S.C. 1511), relating to authority to refuse transportation, is amended to read as follows: <quotedContent> <appropriations level="intermediate"> <heading>“Authority to Refuse Transportation</heading> <section> <num value="1111">“<inline class="smallCaps">Sec</inline>. 1111. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Administrator shall, by regulation, require any air carrier, intrastate air carrier, or foreign air carrier to refuse to transport—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">any person who does not consent to a search of his person, as prescribed in section 315(a) of this Act, to determine whether<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 415.</p></sidenote> he is unlawfully carrying a dangerous weapon, explosive, or other destructive substance, or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">any property of any person who does not consent to a search or inspection of such property to determine whether it unlawfully contains a dangerous weapon, explosive, or other destructive substance.</content> </paragraph> <continuation class="inline">Subject to reasonable rules and regulations prescribed by the Administrator, any such carrier may also refuse transportation of a passenger or property when, in the opinion of the carrier, such transportation would or might be inimical to safety of flight.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">Any agreement for the carriage of persons or property in air transportation or intrastate air transportation by an air carrier, intrastate air carrier, or foreign air carrier for compensation or hire shall be deemed to include an agreement that such carriage shall be refused when consent to search such persons or inspect such property for the purposes enumerated in subsection (a) of this section is not given.”.</content> </subsection> </section> </appropriations> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <content class="inline">Title XI of the Federal Aviation Act of 1958 (49 U.S.C. 1501–1513) is amended by adding at the end thereof the following new<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 413.</p></sidenote> section: <quotedContent> <appropriations level="intermediate"> <heading>“Liability for Certain Property</heading> <section> <num value="1116">“<inline class="smallCaps">Sec</inline>. 1116. </num> <content class="inline">The Civil Aeronautics Board shall issue such regulations<sidenote><p class="firstIndent1 fontsize8">Regulations.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1516">49 USC 1516</ref>.</p></sidenote> or orders as may be necessary to require that any air carrier receiving for transportation as baggage any property of a person traveling in air transportation, which property cannot lawfully be carried by such person in the aircraft cabin by reason of any Federal law or regulation, shall assume liability to such person, at a reasonable charge and sub-<page identifier="/us/stat/88/419">88 <inline class="smallCaps">Stat</inline>. 419</page>ject to reasonable terms and conditions, within the amount declared to the air carrier by such person, for the full actual loss or damage to such property caused by such air carrier.”.</content> </section> </appropriations> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <content class="inline">Section 101 of the Federal Aviation Act of 1958 (49 U.S.C. <sidenote><p class="firstIndent1 fontsize8">Definitions.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 409.</p></sidenote> 1301), relating to definitions, is amended by redesignating paragraphs (22) through (36) as paragraphs (24) through (38), respectively, and by inserting immediately after paragraph (21) the following new paragraphs: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="22">“(22) </num> <content class="inline">‘Intrastate air carrier’ means any citizen of the United States who undertakes, whether directly or indirectly or by a lease or any other arrangement, to engage solely in intrastate air transportation.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="23">“(23) </num> <content class="inline">‘Intrastate air transportation’ means the carriage of persons or property as a common carrier for compensation or hire, by turbojet-powered aircraft capable of carrying thirty or more persons, wholly within the same State of the United States.”.</content> </paragraph> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="207">Sec. 207. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">That portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the center heading: “<inline class="smallCaps">Title III—Organization of Agency and Powers and Duties of Administrator</inline>” is amended by adding at the end thereof the following new items: <toc> <referenceItem role="section"><designator>“Sec. 315. </designator><label>Screening of passengers in air transportation.</label></referenceItem> <referenceItem role="section"><designator leaderAlign="right"/><label leaderAlign="right">“(a) Procedures and facilities.</label></referenceItem> <referenceItem role="section"><designator leaderAlign="right"/><label leaderAlign="right">“(b) Exemption authority.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 316. </designator><label>Air transportation security.</label></referenceItem> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(a) Rules and regulations.</label></referenceItem> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(b) Personnel.</label></referenceItem> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(c) Training.</label></referenceItem> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(d) Research and development; confidential information.</label></referenceItem> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(e) Overall Federal responsibility.</label></referenceItem> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(f) Definition.</label></referenceItem> </toc> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">That portion of such table of contents which appears under the side heading <quotedContent> <toc> <referenceItem role="section"><designator>“Sec. 902. </designator><label>Criminal penalties.”</label></referenceItem> </toc> </quotedContent> <p class="inline">is amended by striking out—</p> <quotedContent> <toc> <referenceItem role="section"><designator/><label/> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(1) Carrying weapons aboard aircraft.”</label></referenceItem> </referenceItem> </toc> </quotedContent> <p class="inline">and inserting in lieu thereof—</p> <quotedContent> <toc> <referenceItem role="section"><designator/><label/> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(1) Carrying weapons or explosives aboard aircraft.”.</label></referenceItem> </referenceItem> </toc> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">That portion of such table of contents which appears under the center heading “<inline class="smallCaps">Title XI—Miscellaneous</inline>” is amended by adding at the end thereof the following new item: <toc> <referenceItem role="section"><designator>“Sec. 1116. </designator><label>Liability for certain property.”.</label></referenceItem> </toc> </content> </subsection> </section> Approved August 5, 1974.
Public Law 93–367: To extend the expiration date of the Defense Production Act of 1950. Public Law 367 88 Stat. 419 1974-08-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–367
Joint Resolution To extend the expiration date of the Defense Production Act of 1950.

August 7, 1974

[S. J. Res. 228]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the first sentence of section 717 (a) of the Defense Production Act of 1950 is amended by

Ante, p. 280.

 striking out “July 30” and inserting in lieu thereof “September 30”.
Approved August 7, 1974.
Public Law 93–368: To exempt from duty certain equipment and repairs for vessels operated by or for any agency of the United States where the entries were made in connection with vessels arriving before January 5, 1971, and for other purposes. Public Law 368 88 Stat. 420 1974-08-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 420 Public Law 93–368
An Act To exempt from duty certain equipment and repairs for vessels operated by or for any agency of the United States where the entries were made in connection with vessels arriving before January 5, 1971, and for other purposes.

August 7, 1974

[H. R. 8217]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That sections 3114

Vessels.

Foreign repairs, duty exemption.

Unemployment and social security benefits.

19 USC 257 note.

 and 3115 of the Revised Statutes of the United States (19 U.S.C. 257 and 258) shall not apply to entries made in connection with arrivals before January 5, 1971, of vessels owned by the United States, or bareboat chartered to the United States, and operated by or for the account of any department or agency of the United States.
Sec. 2. On or after the date of the enactment of this Act, no department or agency of the United States shall be entitled to a refund of any duties paid before January 5, 1971, by any department or agency of the United States under section 3114 of the Revised Statutes of the United States.
Sec. 3. The last sentence of section 203(e) (2) of the Federal-State Extended Unemployment Compensation Act of 1970 (as added by section 20 of Public Law 93–233 and amended by section 2 of Public Law 93–256 and by section 2 of Public Law 93–329) is amended by striking

Ante, p 288.

 out “August 1, 1974” and inserting in lieu thereof “April 30, 1975”.
Sec. 4. (a) The second sentence of section 204(b) of the Emergency

26 USC 3304 note.

 Unemployment Compensation Act of 1971 is amended to read as follows: “Amounts appropriated as repayable advances and paid to the States under section 203 shall be repaid, without interest, as provided in section 905 (d) of the Social Security Act.”

42 USC 1105.

 (b) Section 903(b) of the Social Security Act is amended by striking

42 USC 1103.

 out paragraph (3).
Sec. 5. Section 1631 of the Social Security Act is amended by adding

42 USC 1383.

 the following at the end thereof:
“reimbursement to states for interim assistance payments “(g) (1) Notwithstanding subsection (d) (1) and subsection (b) as it relates to the payment of less than the correct amount of benefits, the Secretary may, upon written authorization by an individual, withhold benefits due with respect to that individual and may pay to a State (or a political subdivision thereof if agreed to by the Secretary and the State) from the benefits withheld an amount sufficient to reimburse the State (or political subdivision) for interim assistance furnished on behalf of the individual by the State (or political subdivision). (2) For purposes of this subsection, the term ‘benefits’ with respect

“Benefits.”

 to any individual means supplemental security income benefits under this title, and any State supplementary payments under section 1616

42 USC 1382e.

87 Stat. 155, 957.

 or under section 212 of Public Law 93–66 which the Secretary makes on behalf of a State (or political subdivision thereof), that the Secretary has determined to be due with respect to the individual at the time the Secretary makes the first payment of benefits. A cash advance made pursuant to subsection (a) (4) (A) shall not be considered as the first payment of benefits for purposes of the preceding sentence. 88 Stat. 421 “(3) For purposes of this subsection, the term ‘interim assistance’

“Interim assistance.”

 with respect to any individual means assistance financed from State or local funds and furnished for meeting basic needs during the period, beginning with the month in which the individual filed an application for benefits (as defined in paragraph (2)), for which he was eligible for such benefits. “(4) In order for a State to receive reimbursement under the provisions

Agreement.

 of paragraph (1), the State shall have in effect an agreement with the Secretary which shall provide— “(A) that if the Secretary makes payment to the State (or a political subdivision of the State as provided for under the agreement) in reimbursement for interim assistance (as defined in paragraph (3)) for any individual in an amount greater than the reimbursable amount authorized by paragraph (1), the State (or political subdivision) shall pay to the individual the balance of such payment in excess of the reimbursable amount as expeditiously as possible, but in any event within ten working days or a shorter period specified in the agreement; and “(B) that the State will comply with such other rules as the Secretary finds necessary to achieve efficient and effective administration of this subsection and to carry out the purposes of the program established by this title, including protection of hearing rights for any individual aggrieved by action taken by the State (or political subdivision) pursuant to this subsection. “(5) The provisions of subsection (c) shall not be applicable to any disagreement concerning payment by the Secretary to a State pursuant to the preceding provisions of this subsection nor the amount retained by the State (or political subdivision). “(6) The provisions of this subsection shall expire on June 30, 1976.

Effective date; report to Congress.

 At least sixty days prior to such expiration date, the Secretary shall submit to Congress a report assessing the effects of actions taken pursuant to this subsection, including the adequacy of interim assistance provided and the efficiency and effectiveness of the administration of such provisions. Such report may include such recommendations as the Secretary deems appropriate.”.
Sec. 6. (a) Section 1611 of the Social Security Act is amended—

Supplemental security income benefits.

42 USC 1382.

 (1) in subsection (a) (1) (A), by inserting “(or, if greater, the amount determined under section 1617)” immediately after “$1,752”; (2) in subsection (a) (2) (A), by inserting “(or, if greater, the amount determined under section 1617)” immediately after “$2,628”; (3) in subsection (b)(1), by inserting “(or, if greater, the amount determined under section 1617)” immediately after “$1,752”; and (4) in subsection (b)(2), by inserting “(or, if greater, the amount determined under section 1617)” immediately after “$2,628”. (b) Part A of title XVI of such Act is further amended by adding at the end thereof the following new section: 88 Stat. 422
“cost-of-living adjustments in benefits
“Sec. 1617. Whenever benefit amounts under title II are increased

42 USC 1382f.

42 USC 401.

 by any percentage effective with any month as a result of determination made under section 215 (i), each of the dollar amounts in effect

42 USC 415.

 for such month under subsections (a)(1)(A), (a)(2)(A), (b)(1), (b) (2) of section 1611, and subsection (a) (1) (A) of section 211 of

Ante, p. 421.

87 Stat. 154, 953.

 Public Law 93–66, as specified in such subsections or as previously increased under this section, shall be increased by the same percentage (and rounded, when not a multiple of $1.20, to the next higher multiple of $1.20), effective with respect to benefits for months after such month; and such dollar amounts as so increased shall be published in

Publication in Federal Register.

 the Federal Register together with, and at the same time as, the material required by section 215 (i) (2) (D) to be published therein by

42 USC 415.

 reason of such determination.”
Sec. 7. (a) Section 15(c) (2) of Public Law 93–233 is amended by

42 USC 1395x note.

 striking out “December 1, 1974” and inserting in lieu thereof “March 1, 1975”, and by striking out “July 1, 1975” and inserting in lieu thereof “March 1, 1976”. (b) Section 15(c) (5) of Public Law 93–233 is amended by striking out “March 1, 1975” and inserting in lieu thereof “June 1, 1975”, and by striking out “October 1, 1975” and inserting in lieu thereof “June 1, 1976”. (c) Section 15(d) of Public Law 93–233 is amended by striking out “January 1, 1975, except that if the Secretary of Health, Education, and Welfare determines that additional time is required to prepare the report required by subsection (c), he may, by regulation, extend the applicability of the provisions of subsection (a) to cost accounting periods beginning after June 30, 1975” and inserting in lieu thereof “July 1, 1976”.
Sec. 8. Section 249B of the Social Security Amendments of 1972

42 USC 1396b note.

 is amended by striking out “June 30, 1974” and inserting in lieu thereof “June 30, 1977”.
Sec. 9. (a) Section 1902(a) (14) (B) (i) of the Social Security Act

42 USC 1396a.

 (relating to certain cost-sharing fees required to be paid by some individuals under medicaid) is amended by striking out “shall” and inserting in lieu thereof “may”. (b) The amendment made by subsection (a) shall be effective

Effective date.

42 USC 1396a note.

 January 1, 1973.
Sec. 10. (a) Section 211 (a) (1) of the Social Security Act is amended

42 USC 411.

 by inserting after “material participation by the owner or tenant” each time it occurs the following: “(as determined without regard to any activities of an agent of such owner or tenant)”. (b) Section 1402(a) (1) of the Internal Revenue Code of 1954 (relating

26 USC 1402.

 to definition of net earnings from self-employment) is amended by inserting after “material participation by the owner or tenant” each time it occurs the following: “(as determined without regard to any activities of an agent of such owner or tenant)”. (c) The amendments made by this section shall apply with respect

42 USC 411 note.

 to taxable years beginning after December 31, 1973.
Sec. 11. (a) The staff of the Joint Committee on Internal Revenue

Study and investigation.

50 USC app. 1212 note.

50 USC app. 1211 note.

 Taxation shall conduct a comprehensive study and investigation of the operation and effect of the Renegotiation Act of 1951, as amended, with a view to determining whether such Act should be extended beyond December 31, 1975, and, if so, how the administration of such88 Stat. 423 Act can be improved. The Joint Committee staff shall specifically consider whether exemption criteria and the statutory factors for determining excessive profits should be changed to make the Act fairer and more effective and more objective. The Joint Committee staff shall also consider whether the Renegotiation Board should be restructured. (b) In conducting such study and investigation the staff of the

Consultation.

 Joint Committee on Internal Revenue Taxation shall consult with the staffs of the Renegotiation Board, the General Accounting Office, the Cost Accounting Standards Board, and the Joint Economic Committee. (c) The staff of the Joint Committee on Internal Revenue Taxation

Report to congressional committees.

 shall submit the results of its study and investigation to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate on or before September 30, 1975, together with such recommendations as it deems appropriate.
Approved August 7, 1974.
Public Law 93–369: To amend the provisions of the Perishable Agricultural Commodities Act, 1930, relating to practices in the marketing of perishable agricultural commodities. Public Law 369 88 Stat. 423 1974-08-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–369
An Act To amend the provisions of the Perishable Agricultural Commodities Act, 1930, relating to practices in the marketing of perishable agricultural commodities.

August 10, 1974

[H. R. 13264]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Perishable Agricultural Commodities Act, 1930, amendment.
That subsection (5) of section 2 of the Perishable Agricultural Commodities Act, 1930, as amended (7 U.S.C. 499b(5)), is hereby amended by striking out the semicolon at the end thereof and substituting a colon and the following: “Provided, That any commission merchant, dealer, or broker who has violated this subsection may, with the consent of the Secretary,

Violation, penalty.

 admit the violation or violations and pay a monetary penalty not to exceed $2,000 in lieu of a formal proceeding for the suspension or revocation of license, any payment so made to be deposited into the Treasury of the United States as miscellaneous receipts;”.
Approved August 10, 1974.
Public Law 93–370: To amend the Act of June 13, 1933 (Public Law 73–40), concerning safety standards for boilers and pressure vessels, and for other purposes. Public Law 370 88 Stat. 423 1974-08-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–370
An Act To amend the Act of June 13, 1933 (Public Law 73–40), concerning safety standards for boilers and pressure vessels, and for other purposes.

August 10, 1974

[H. R. 10309]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 4433

Coast Guard.

Boilers and pressure vessels, safety standards.

 of the Revised Statutes, as amended (46 U.S.C. 411) is amended as follows: (1) By deleting the word “and” before the words “construction of boilers,”. (2) By inserting the words “, and operation” before the words “of boilers, unfired”. (3) By inserting after the words “unfired pressure vessels” the words “piping, valves, fittings,”. (4) By placing the word “other” before the word “appurtenances". (5) By deleting the words “thereof, and steam piping”. (6) By deleting the second sentence including the proviso.
Approved August 10, 1974.
Public Law 93–371: Making appropriations for the Legislative Branch for the fiscal year ending June 30, 1975, and for other purposes. Public Law 371 88 Stat. 424 1974-08-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 424 Public Law 93–371
An Act Making appropriations for the Legislative Branch for the fiscal year ending June 30, 1975, and for other purposes.

August 13, 1974

[H. R. 14012]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following

Legislative Branch Appropriation Act, 1975.

 sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Legislative Branch for the fiscal year ending June 30, 1975, and for other purposes, namely: SENATE

2 USC 60a note.

 Compensation and Mileage of the Vice President and Senators and Expense Allowances of the Vice President and Leaders of the Senate compensation and mileage of the vice president and senators For compensation and mileage of the Vice President and Senators of the United States, $4,790,695. expense allowances of the vice president and majority and minority leaders For expense allowance of the Vice President, $10,000; Majority Leader of the Senate, $3,000; and Minority Leader of the Senate, $3,000; in all, $16,000. Salaries, Officers and Employees For compensation of officers, employees, clerks to Senators, and others as authorized by law, including agency contributions and longevity compensation as authorized, which shall be paid from this appropriation without regard to the below limitations, as follows: office of the vice president For clerical assistance to the Vice President, $552,045. offices of the majority and minority leaders For offices of the Majority and Minority Leaders, $215,460. offices of the majority and minority whips For offices of the Majority and Minority Whips, $110,580. office of the chaplain For office of the Chaplain, $28,500: Provided, That effective July 1,

2 USC 61d–1.

 1974, the Chaplain may fix the per annum compensation of the secretary to the Chaplain at not to exceed $12,540 per annum in lieu of $9,120 per annum. office of the secretary For office of the Secretary, $2,691,345, including $110,010 required for the purpose specified and authorized by section 74b of title 2, United States Code. 88 Stat. 425 committee employees For professional and clerical assistance to standing committees and the Select Committee on Small Business, $8,069,490. conference committees

For clerical assistance to the Conference of the Majority, at rates of compensation to be fixed by the chairman of said committee, $174,135.

For clerical assistance to the Conference of the Minority, at rates of compensation to be fixed by the chairman of said committee, $174,135.

 administrative and clerical assistants to senators For administrative and clerical assistants to Senators, $42,477,540:

2 USC 61–1 note.

 Provided, That effective January 1, 1974, the clerk hire allowance of each Senator from the States of Arkansas and Arizona shall be increased to that allowed Senators from States having a population of two million, the population of each said State having exceeded two million inhabitants. office of sergeant at arms and doorkeeper For office of the Sergeant at Arms and Doorkeeper, $11,998,500: Provided, That effective July 1, 1974, the Sergeant at Arms may appoint and fix the compensation of the following positions (a) in the computer center; four senior computer specialists at not to exceed $24,225 per annum each; seven senior programmer analysts at not to exceed $22,515 per annum each in lieu of five senior programmer analysts at $22,515 per annum each; three systems analysts at not to exceed $20,805 per annum each; five systems programmers at not to exceed $20,805 per annum each in lieu of three systems programmers at $20,805 per annum each; eight programmer analysts at not to exceed $20,805 per annum each; four computer specialists at not to exceed $18,240 per annum each; a secretary-receptionist at not to exceed $11,115 per annum; a secretary at $10,260 per annum; a systems supervisor at not to exceed $26,790 per annum in lieu of a systems supervisor at $25,080 per annum; (b) in the service department: an equipment supervisor at not to exceed $18,240 per annum; an assistant equipment supervisor at not to exceed $14,820 per annum; a secretary-receptionist at not to exceed $11,115 per annum; a secretary at not to exceed $9,975 per annum; six cameramen at not to exceed $10,260 per annum each; a film processor at not to exceed $11,115 per annum; an assistant film processor at not to exceed $10,545 per annum; ten messengers at not to exceed $8,265 per annum each in lieu of seven messengers at $8,265 per annum each; (c) in Senate post office: a mail supervisor at not to exceed $11,115 per annum; sixty-three mail carriers at not to exceed $9,975 per annum each in lieu of fifty-seven mail carriers at $9,975 per annum each; (d) in the cabinet shop: a chief cabinetmaker at not to exceed $18,525 per annum in lieu of $15,960 per annum; an assistant chief cabinetmaker at not to exceed $17,670 per annum in lieu of $13,680 per annum; two cabinetmakers at not to exceed $13,395 per annum each in lieu of $12,255 per annum each: a cabinetmaker at not to exceed $12,255 per annum; a finisher at not to exceed $13,395 per annum in lieu of $12,255 per annum; an upholsterer at not to exceed $13,395 per annum in lieu of $12,255 per annum; and (e) twelve lieutenants, police force at not to exceed $17,100 per annum each in lieu of ten lieutenants at $17,100 per annum each; forty-six sergeants, police force at not to exceed $14,250 per annum each in lieu of forty sergeants at $14,250 per annum each; 389 privates, police force at not to exceed88 Stat. 426 $10,830 per annum each in lieu of 342 privates at $10,830 per annum each. offices of the secretaries for the majority and minority For offices of the Secretary for the Majority and the Secretary for the Minority, $265,050. agency contributions and longevity compensation For agency contributions for employee benefits and longevity compensation, as authorized by law, $4,000,000. Office of the Legislative Counsel of the Senate For salaries and expenses of the office of the Legislative Counsel of the Senate, $521,740. Senate Procedure For compiling, preparing, and editing “Senate Procedure”, 1974 edition, $5,000, to be paid to Floyd M. Riddick, Parliamentarian of the Senate. Contingent Expenses of the Senate senate policy committees For salaries and expenses of the Majority Policy Committee and the Minority Policy Committee, $342,780 for each such committee; in all, $685,560. automobiles and maintenance For purchase, lease, exchange, maintenance, and operation of vehicles, one for the Vice President, one for the President pro tempore, one for the Majority Leader, one for the Minority Leader, one for the Majority Whip, one for the Minority Whip, for carrying the mails, and for official use of the offices of the Secretary and Sergeant at Arms, $40,000. inquiries and investigations For expenses of inquiries and investigations ordered by the Senate, or conducted pursuant to section 134(a) of Public Law 601, Seventy-ninth Congress, including $538,205 for the Committee on Appropriations,

2 USC 190b.

 to be available also for the purposes mentioned in Senate Resolution Numbered 193, agreed to October 14, 1943, $16,253,175. folding documents For the employment of personnel for folding speeches and pamphlets at a gross rate of not exceeding $3.68 per hour per person, $82,045. miscellaneous items For miscellaneous items, $12,921,450. postage stamps For postage stamps for the offices of the Secretaries for the Majority and Minority, $320; Chaplain, $100; and for air mail and special delivery stamps for the office of the Secretary, $610; office of the Sergeant at Arms, $240; and the President of the Senate, as authorized by law, $1,215; in all, $2,485. 88 Stat. 427 stationery (revolving fund) For stationery for the President of the Senate, $3,600, and for committees and officers of the Senate, $21,850; in all, $25,450. administrative provisions
1. The paragraph under the heading “Administrative Provision” in chapter IV of the Supplemental Appropriations Act, 1972 (2 U.S.C. 64b) is amended by adding at the end thereof the following: “In the event that the Secretary of the Senate is absent or is to be absent for reasons other than disability (as provided in this paragraph), and makes a written designation that he is or will be so absent, the Assistant Secretary shall act during such absence as the Secretary in carrying out the duties and responsibilities of the office in all matters, except those matters relating to the Secretary’s duties as such disbursing officer. The designation may be revoked in writing at any time by the Secretary, and is revoked whenever the Secretary making the designation dies, resigns, or is considered disabled in accordance with this paragraph.” 2. (a) Whenever—

State income tax, withholding and remittance.

2 USC 60c–3.

 (1) the law of any State provides for the collection of an income tax by imposing upon employers generally the duty of withholding sums from the compensation of employees and remitting such sums to the authorities of such State; and (2) such duty to withhold is imposed generally with respect to the compensation of employees who are residents of such State; then the Secretary of the Senate is authorized, in accordance with the provisions of this section, to enter into an agreement with the appropriate official of that State to provide for the withholding and remittance of sums for individuals— (A) whose pay is disbursed by the Secretary; and (B) who request the Secretary to make such withholdings for remittance to that State, (b) Any agreement entered into under subsection (a) of this section shall not require the Secretary to remit such sums more often than once each calendar quarter. (c) (1) An individual whose pay is disbursed by the Secretary may request the Secretary to withhold sums from his pay for remittance to the appropriate authorities of the State that he designates. Amounts of withholdings shall be made in accordance with those provisions of the law of that State which apply generally to withholding by employers. (2) An individual may have in effect at any time only one request for withholdings, and he may not have more than two such requests in effect with respect to different States during any one calendar year. The request for withholdings is effective on the first day of the first month commencing after the day on which the request is received in the Disbursing Office of the Senate, except that— (A) when the Secretary first enters into an agreement with a State, a request for withholdings shall be effective on such date as the Secretary may determine; and (B) when an individual first receives an appointment, the request shall be effective on the day of appointment, if the individual makes the request at the time of appointment. (3) An individual may change the State designated by him for the purposes of having withholdings made and request that the withholdings be remitted m accordance with such change, and he may also revoke his request for withholdings. Any change in the State designated88 Stat. 428 or revocation is effective on the first day of the first month commencing after the day on which the request for change or the revocation is received in the Disbursing Office. (4) The Secretary is authorized to issue rules and regulations he

Rules and regulations.

 considers appropriate in carrying out this subsection. (d) The Secretary may enter into agreements under subsection (a) of this section at such time or times as he considers appropriate. (e) This section imposes no duty, burden, or requirement upon the United States, the Senate, or any officer or employee of the United States, except as specifically provided in this section. Nothing in this section shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, the Senate, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section. Any paper, form, or document filed with the Secretary under this section is a paper of the Senate within the provisions of rule X X X of the Standing Rules of the Senate. (f) For the purposes of this section, “State” means any of the

“State.”

 States of the United States and the District of Columbia. (3) (a) Sergeant at Arms of the Senate shall secure for each

Home state office space.

2 USC 59.

 Senator office space suitable for the Senator’s official use in places designated by the Senator in the State he represents. That space shall be secured in post offices or other Federal buildings at such places. In the event suitable office space is not available in post offices or other Federal buildings, the Sergeant at Arms shall secure other office space in those places. (b) The aggregate square feet of office space secured for Senator shall not at any time exceed— (1) 4,800 square feet if the population of his State is less than 2,000,000; (2) 5,000 square feet if such population is 2,000,000 but less than 3,000,000; (3) 6,200 square feet if such population is 3,000,000 but less than 4,000,000; (4) 5,400 square feet if such population is 4,000,000 but less than 5,000,000; (5) 5,800 square feet if such population is 5,000,000 but less than 7,000,000; (6) 6,200 square feet if such population is 7,000,000 but less than 9,000,000; (7) 6,400 square feet if such population is 9,000,000 but less than 10,000,000; (8) 6,600 square feet if such population is 10,000,000 but less than 11,000,000; (9) 6,800 square feet if such population is 11,000,000 but less than 12,000,000; (10) 7,000 square feet if such population is 12,000,000 but less than 13,000,000; (11) 7,400 square feet if such population is 13,000,000 but less than 15,000,000; (12) 7,800 square feet if such population is 15,000,000 but less than 17,000,000; or (13) 8,000 square feet if such population is 17,000,000 or more. (c) The maximum annual rate that may be paid for the rental of an

Rental, maximum annual rate.

 office secured for a Senator not m a post office or other Federal building shall not at any time exceed the applicable rate per square foot charged Federal agencies by the Administrator of General Services, based upon a 100 percent building quality rating, for office space located m the place in which the Senator’s office is located, multiplied by the number of square feet contained in that office used by the Senator and his employees to perform their duties. 88 Stat. 429 (d) (1) Notwithstanding subsection (b) , the aggregate square feet of office space secured for a Senator who is a Senator on July 1, 1974, shall not at any time exceed, as long as he continuously serves as a Senator, the greater of— (A) the applicable square footage limitation of such subsection; or (B) the total square footage of those offices that the Senator has on such date and which are continuously maintained in the same buildings in which such offices were located on such date. (2) The provisions of subsection (c) do not apply to any office that a Senator has on July 1, 1974, not in a post office or other Federal building, as long as— (A) that Senator continuously serves as a Senator; and (B) that office is maintained in the same building in which it was located on such date and contains not more than the same number of square feet it contained on such date. (e) Clause (4) of subsection (a) , the last sentence of subsection (c),

Repeal.

 and subsection (d) of section 506 of the Supplemental Appropriations Act, 1973, are repealed.

2 USC 58.

 (f) This section is effective on and after July 1, 1974. 4. The Secretary of the Senate, the Sergeant at Arms and Doorkeeper

Effective date.

2 USC 59 note.

2 USC 61a, 61e, 263a, 273, 61g.

 of the Senate, and the Legislative Counsel of the Senate shall each be paid at an annual rate of compensation of $38,760. The Secretary for the Majority (other than the incumbent holding office on June 15, 1974) and the Secretary for the Minority shall each be paid at an annual rate of compensation of $38,190. The Secretary for the Majority (as long as that position is occupied by such incumbent) may be paid at a maximum annual rate of compensation not to exceed $38,190. The four Senior Counsels in the Office of the Legislative

2 USC 274 note.

 Counsel of the Senate shall each be paid at an annual rate of compensation of $37,620. The Assistant Secretary of the Senate, the Parliamentarian,

2 USC 61a–3, 61b, 64a–1.

 and the Financial Clerk may each be paid at a maximum annual rate of compensation not to exceed $37,620. The Administrative

2 USC 61h–1, 61h.

 Assistant in the Office of the Majority Leader, the Assistant Secretary for the Majority, the Administrative Assistant in the Office of the Minority Leader, and the Assistant Secretary for the Minority may each be paid at a maximum annual rate of compensation not to exceed $36,765. The Administrative Assistant in the Office of the Majority

2 USC 61j.

 Whip and the Administrative Assistant in the Office of the Minority Whip may each be paid at a maximum annual rate of compensation not to exceed $35,625. The two committee employees other than joint

2 USC 61–1.

 committee employees referred to in clause (A) , and the three committee employees referred to in clause (B), of section 105(e)(3) of the Legislative Branch Appropriation Act, 1968, as amended and

2 USC 61–1.

 modified, may each be paid at a maximum annual rate of compensation not to exceed $37,050. The four committee employees other than joint committee employees referred to in such clause (A) and the sixteen committee employees referred to in such clause (B) may each be paid at a maximum annual rate of compensation not to exceed $35,625. The one employee in a Senator’s office referred to in section 105(d) (2) (ii) of such Act may be paid at a maximum annual rate of compensation not to exceed $37,050. Any officer or employee whose pay is subject to the maximum limitation referred to in section 105(f) of such Act may be paid at a maximum annual rate of compensation not to exceed $37,050. This paragraph

2 USC 61a note.

 does not supersede (1) any provision of an order of the President pro tempore of the Senate authorizing a higher rate of compensation, and (2) any authority of the President pro tempore to adjust rates of compensation or limitations referred to in this paragraph under section88 Stat. 430 4 of Federal Pay Comparability Act of 1970. This paragraph is

2 USC 60a note.

 effective July 1, 1974. 5. Effective July 1, 1974, the last full paragraph under the heading “ADMINISTRATIVE PROVISIONS” in the appropriation for the Senate in the Legislative Branch Appropriation Act, 1972, is amended to read as lollows:

Capitol Police, additional hours of duty, compensation.

40 USC 206c note.

40 USC 206c.

“Each officer or member of the Capitol Police force whose compensation is disbursed by the Secretary of the Senate, who performs duty in addition to the number of hours of his regularly scheduled tour of duty for any day on or after July 1, 1974, is entitled to be paid compensation (when ordered to perform such duty by proper authority) or receive compensatory time off for each such additional hour of duty, except that an officer shall be entitled to such compensation only upon a determination made by the Capitol Police Board with respect to any additional hours. Compensation of an officer or member for each additional hour of duty shall be paid at a rate equal to his hourly rate of compensation in the case of an officer, and at a rate equal to one and one-half times his hourly rate of compensation for a member of such force. The hourly rate of compensation of such officer or member shall be determined by dividing his annual rate of compensation by 2,080. Any officer or member entitled to be paid compensation for such additional hours shall make a written election, which is irrevocable, whether he desires to be paid that compensation or to receive compensatory time off instead for each such hour. Compensation due officers and members under this paragraph shall be paid by the Secretary, upon certification by the Chief of the Capitol Police at the end of each calendar quarter and approval of the Capitol Police Board, from funds available in the Senate appropriation, ‘Salaries, Officers and Employees’ for the fiscal year in which the additional hours of duty are performed without regard to the limitations specified therein. Any compensatory time off accrued and not used by an officer or member at the time he is separated from service on the Capitol Police force may not be transferred to any other department, agency, or establishment of the United States Government or the government of the District of Columbia, and no lump-sum amount shall be paid for such accrued time. The Capitol Police Board is authorized to prescribe regulations to carry out this paragraph.”.

 6. Effective July 1, 1974, the first sentence of section 105 (d) (1) (A)

2 USC 61–1 note.

2 USC 61–1.

 of the Legislative Branch Appropriation Act, 1968, as amended and modified, is amended to read as follows: “The aggregate of gross compensation paid employees in the office of a Senator shall not exceed during each calendar year the following:

“$370,215 if the population of his State is less than 2.000,000;

“$381,330 if such population is 2,000,000 but less than 3,000,000

“$408,120 if such population is 3,000,000 but less than 4,000,000

“$442,605 if such population is 4,000,000 but less than 5,000,000

“$470,820 if such population is 5,000,000 but less than 7,000,000

“$500,460 if such population is 7,000,000 but less than 9,000,000

“$532,665 if such population is 9,000,000 but less than 10,000,000

“$557,460 if such population is 10,000,000 but less than 11,000,000;

“$589,950 if such population s 11,000,000 but less than 12,000,000;

“$614,745 if such population s 12,000,000 but less than 13,000,000;

“$646,380 if such population s 13,000,000 but less than 15,000,000;

“$678,015 if such population s 15,000,000 but less than 17,000,000;

“$709,650 if such population is 17,000,000 or more.”

 88 Stat. 431 7. Any witness requested to appear before the Majority Policy Committee

Witness fees.

2 USC 195b.

 or the Minority Policy Committee shall be entitled to a witness fee for each full day spent in traveling to and from the place at which he is to appear, and reimbursement of actual and necessary transportation expenses incurred in traveling to and from that place, at rates not to exceed those rates paid witnesses appearing before committees of the Senate.
HOUSE OF REPRESENTATIVES Compensation and Mileage for the Members compensation of members For compensation of Members, as authorized by law (wherever used herein the term "Member" shall include Members of the House of Representatives, the Resident Commissioner from Puerto Rico, the Delegate from the District of Columbia, the Delegate from Guam, and the Delegate from the Virgin Islands), $20,373,580. mileage of members For mileage of Members, as authorized by law, $210,000. house leadership offices For salaries and expenses, as authorized by law, $1,095,655, including: Office of the Speaker, $316,090, including $10,000 for official expenses of the Speaker; Office of the Majority Floor Leader, $228,490, including $3,000 for official expenses of the Majority Leader; Minority Floor Leader, $174,185, including $3,000 for official expenses of the Minority Leader; Majority Whip, $188,445, including not to exceed $41,910 for the Chief Deputy Majority Whip; Minority Whip, $188,445, including not to exceed $41,910 for the Chief Deputy Minority Whip. Salaries, Officers and Employees

For compensation and expenses of officers and employees, as authorized by law, $16,548,150, including: Office of the Clerk, $3,726,145; Office of the Sergeant at Arms, $6,771,610; Office of the Doorkeeper, $3,166,205; Office of the Postmaster, $924,645, including $16,840 for employment of substitute messengers and extra services of regular employees when required at the salary rate of not to exceed $9,091 per annum each; Office of the Chaplain, $19,770; Office of the Parliamentarian, including the Parliamentarian and $2,000 for preparing the Digest of the Rules, $196,020; for compiling the precedents of the House of Representatives, $195,000; Official Reporters of Debates, $467,685; Official Reporters to Committees, $520,395; two printing clerks, one for the majority appointed by the majority leader and one for the minority appointed by the minority leader, $26,935 to be equally divided; a technical assistant in the Office of the Attending Physician, to be appointed by the Attending Physician subject to the approval of the Speaker, $24,205; the House Democratic Steering Committee, $148,710; the House Republican Conference, $148,710; and six minority employees, $212,115.

Such amounts as deemed necessary for the payment of salaries of officers and employees within this appropriation may be transferred among offices upon the approval of the Committee on Appropriations of the House of Representatives.

 88 Stat. 432 committee employees For professional and clerical employees of standing committees, including the Committee on Appropriations, $8,624,000. committee on appropriations (investigations) For salaries and expenses, studies and examinations of executive agencies, by the Committee on Appropriations, and temporary personal services for such committee, to be expended in accordance with section 202(b) of the Legislative Reorganization Act, 1946, and to be

2 USC 72a.

 available for reimbursement to agencies for services performed, $1,875,000. office of the legislative counsel For salaries and expenses of the Office of the Legislative Counsel of the House, $1,067,000. Members’ Clerk Hire For staff employed by each Member in the discharge of his official and representative duties, $80,000,000. Contingent Expenses Or The House miscellaneous items For miscellaneous items, exclusive of salaries unless specifically ordered by the House of Representatives, for purchase, exchange, operation, maintenance, and repair of House motor vehicles (me Clerk’s automobile and motor trucks, the Sergeant at Arms’ automobile, the Post Office motor vehicle, and the Publications Distribution Service motor truck) ; and not to exceed $5,000 for the purposes authorized by section 1 of House Resolution 348, approved June 29, 1961, $12,059,700, telegraph and telephone For telegraph and telephone service, exclusive of personal services, $6,000,000. stationery (revolving fund) For a stationery allowance for each Member for the first session of the Ninety-fourth Congress, as authorized by law, $2,304,750, to remain available until expended. postage stamp allowances Postage stamp allowances for the first session of the Ninety-fourth Congress, as authorized by law, $419,530. government contributions For contributions to employees life insurance fund, retirement fund, and health benefits fund, as authorized by law, $6,668,900, and in addition, such amounts as may be necessary may be transferred from the appropriation for “miscellaneous items”. special and select committees For salaries and expenses of special and select committees authorized by the House, $14,618,000. 88 Stat. 433 reporting hearings For stenographic reports of hearings of committees other than special and select committees, $422,500. furniture For purchase and repair of furniture, carpets and draperies, including supplies, tools and equipment for repair shops; and for purchase of packing boxes, $996,000. leadership automobiles For purchase, exchange, hire, driving, maintenance, repair, and operation of automobiles for the leadership of the House of Representatives, including one each for the Speaker, the Majority Leader, and the Minority Leader, $61,095. revision of laws For preparation and editing of the laws as authorized by 1 U.S.C. 202, 203, 213, $39,980, to be expended under the direction of the Committee on the Judiciary. new edition of the district of columbia code For the preparation of a new edition of the District of Columbia Code, $100,000, to remain available until expended, and to be expended under the direction of the Committee on the Judiciary. administrative provisions The provisions of House Resolution 427, Ninety-third Congress, relating to postage stamps for the Chaplain of the House of Representatives, shall be the permanent law with respect thereto. JOINT ITEMS For joint committees, as follows: Joint Committee on Reduction of Federal Expenditures For an amount to enable the Joint Committee on Reduction of Federal Expenditures to carry out the duties imposed upon it by section 601 of the Revenue Act of 1941 (55 Stat. 726), to remain available during

79 Stat. 1026.

 the existence of the Committee, $80,400, to be disbursed by the Secretary of the Senate. Contingent Expenses of the Senate joint economic committee

For salaries and expenses of the Joint Economic Committee, $950,000.

For an amount (to be disbursed by the Secretary of the Senate on vouchers signed by the chairman or vice chairman and the chairman of the subcommittee) for the Subcommittee on Fiscal Policy, $135,000, to be available until December 31, 1974.

 88 Stat. 434 joint committee on atomic energy For salaries and expenses of the Joint Committee on Atomic Energy, $611,345. joint committee on printing For salaries and expenses of the Joint Committee on Printing, $349,100. Contingent Expenses of the House joint committee on internal revenue taxation For salaries and expenses of the Joint Committee on Internal Revenue Taxation, $1,106,165. joint committee on defense production For salaries and expenses of the Joint Committee on Defense Production, $154,050. joint committee on congressional operations

For salaries and expenses of the Joint Committee on Congressional Operations, including the Office of Placement and Office Management, $600,000.

For other joint items, as follows:

 Office of the Attending Physician For medical supplies, equipment, and contingent expenses of the emergency rooms, and for the attending physician and his assistants, including (1) an allowance of one thousand dollars per month to the attending physician; (2) an allowance of six hundred dollars per month to one senior medical officer while on duty in the attending physician’s office; (3) an allowance of two hundred dollars per month each to two medical officers while on duty in the attending physician’s office; and (4) an allowance of two hundred dollars per month each to not exceed eight assistants on the basis heretofore provided for such assistance, $103,600. Capitol Police general expenses For purchasing and supplying uniforms; the purchase, maintenance, and repair of police motor vehicles, including two-way police radio equipment; contingent expenses, including $25 per month for extra services performed for the Capitol Police Board by such member of the staff of the Sergeant at Arms of the Senate or the House as may be designated by the Chairman of the Board; $513,360. capitol police board

To enable the Capitol Police Board to provide additional protection for the Capitol Buildings and Grounds, including the Senate and House Office Buildings and the Capitol Power Plant, $1,214,255. Such

Detailed personnel.

sum shall be expended only for payment of salaries and other expenses of personnel detailed from the Metropolitan Police of the District of Columbia, and the Commissioner of the District of Columbia is

D.C. Code 9–126a.

 authorized and directed to make such details upon the request of the Board. Personnel so detailed shall, during the period of such detail, serve under the direction and instructions of the Board and are author-88 Stat. 435ized to exercise the same authority as members of such Metropolitan Police and members of the Capitol Police and to perform such other

Reimbursement.

 duties as may be assigned by the Board. Reimbursement for salaries and other expenses of such detail personnel shall be made to the government of the District of Columbia, and any sums so reimbursed shall be credited to the appropriation or appropriations from which such salaries and expenses are payable and shall be available for all the purposes thereof: Provided, That any person detailed under the authority of this paragraph or under similar authority in the Legislative Branch Appropriation Act, 1942, and the Second Deficiency

55 Stat. 456.

54 Stat. 629.

 Appropriation Act, 1940, from the Metropolitan Police of the District of Columbia shall be deemed a member of such Metropolitan Police during the period or periods of any such detail for all purposes of rank, pay, allowances, privileges, and benefits to the same extent as though such detail had not been made, and at the termination thereof any such person shall have a status with respect to rank, pay, allowances, privileges, and benefits which is not less than the status of such person in such police at the end of such detail: Provided further, That the Commissioner of the District of Columbia is directed (1) to pay the assistant chief detailed under the authority of this paragraph and serving as Chief of the Capitol Police, the salary of assistant chief plus $2,000 and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent, (2) to pay the two deputy chiefs detailed under the authority of this paragraph and serving as assistants to the Chief of the Capitol Police the salary of deputy chief and such increases in basic compensation as may be subsequently provided by law so long as these positions are held by the present incumbents, (3) to pay the inspector detailed under the authority of this paragraph the salary of inspector plus $1,625 and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent, (4) to pay the captain detailed under the authority of this paragraph the salary of captain plus $1,625 and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent, (5) to elevate and pay the lieutenant detailed under the authority of this paragraph the rank and salary of captain plus $1,625 and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent, (6) to elevate and pay the detective sergeant and uniform sergeant detailed under the authority of this paragraph the salary of lieutenant and such increases in basic compensation as may be subsequently provided by law so long as these positions are held by the present incumbents, (7) to pay the four detective sergeants detailed under the authority of this paragraph the salary of detective sergeant and such increases in basic compensation as may be subsequently provided by law so long as these positions are held by the present incumbents, (8) to pay the two sergeants of the uniform force detailed under the authority of this paragraph the salary of sergeant and such increases in basic compensation as may be subsequently provided by law so long as these positions are held by the present incumbents, (9) to elevate and pay the desk sergeant detailed under the authority of this paragraph the rank and salary of uniform sergeant and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent, and (10) to elevate and pay the acting sergeant detailed under the authority of this paragraph the rank and salary of uniform sergeant and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent.

88 Stat. 436

No part of any appropriation contained in this Act shall be paid as compensation to any person appointed after June 30, 1935, as an officer or member of the Capitol Police who does not meet the standards to be prescribed for such appointees by the Capitol Police Board: Provided, That the Capitol Police Board is hereby authorized to detail police from the House Office, Senate Office, and Capitol Buildings for police duty on the Capitol Grounds and on the Library of Congress Grounds.

 Education of Pages For education of congressional pages and pages of the Supreme Court, pursuant to part 9 of title I V of the Legislative Reorganization Act, 1970, and section 243 of the Legislative Reorganization Act, 1946,

2 USC 88b–1 and note; 40 USC 184a.

2 USC 88a.

D.C. Code 31–121.

 $142,780, which amount shall be advanced and credited to the applicable appropriation of the District of Columbia, and the Board of Education of the District of Columbia is hereby authorized to employ such personnel for the education of pages as may be required and to pay compensation for such services in accordance with such rates of compensation as the Board of Education may prescribe. Official Mail Costs

For expenses necessary for official mail costs pursuant to title 39, U.S.C, section 3216, $38,756,015, to be available immediately.

The foregoing amounts under “other joint items” shall be disbursed by the Clerk of the House.

 Capitol Guide Service For salaries and expenses of the Capitol Guide Service, $348,760, to be disbursed by the Secretary of the Senate: Provided, That none of these funds shall be used to employ more than twenty-eight individuals. Statements of Appropriations For the preparation, under the direction of the Committees on Appropriations of the Senate and House of Representatives, of the statements for the second session of the Ninety-third Congress, showing appropriations made, indefinite appropriations, and contracts authorized, together with a chronological history of the regular appropriation bills as required by law, $13,000, to be paid to the persons designated by the chairman of such committees to supervise the work. Administrative Provision Section 106(a) of the Legislative Branch Appropriation Act, 1963,

2 USC 60j.

 is amended by adding at the end thereof: “(8) The Chief Guide, Assistant Chief Guide, and each Guide of the Capitol Guide Service established under section 441 of the Legislative Reorganization Act of 1970.”

40 USC 851.

 OFFICE OF TECHNOLOGY ASSESSMENT Salaries and Expenses For salaries and expenses necessary to carry out the provisions of the Technology Assessment Act of 1972 (Public Law 92–84),

2 USC 471 note.

 $4,000,000: Provided, That funds remaining unobligated as of June 30, 1974, shall be merged with and also be available for the general purposes of this appropriation. 88 Stat. 437 ARCHITECT OF THE CAPITOL Office of the Architect of the Capitol salaries

For the Architect of the Capitol; the Assistant Architect of the Capitol; the Executive Assistant; and other personal services; at rates of pay provided by law, $1,395,600.

Appropriations under the control of the Architect of the Capitol

40 USC 166a.

shall be available for expenses of travel on official business not to exceed in the aggregate under all funds the sum of $20,000.

 contingent expenses To enable the Architect of the Capitol to make surveys and studies, to incur expenses authorized by the Act of December 13, 1973 (87 Stat. 704), and to meet unforeseen expenses in connection with activities

40 USC 166d, 166e.

 under his care, $140,000. Capitol Buildings and Grounds capitol buildings

For necessary expenditures for the Capitol Building and electrical substations of the Senate and House Office Buildings, under the jurisdiction of the Architect of the Capitol, including improvements, maintenance, repair, equipment, supplies, material, fuel, oil, waste, and appurtenances; furnishings and office equipment; special and protective clothing for workmen; uniforms or allowances therefor as authorized by law (5 U.S.C. 5901–5902); personal and other services; cleaning and repairing works of art and prevention and eradication of insect and other pests without regard to section 3709 of the Revised Statutes, as amended; purchase or exchange, maintenance and operation

41 USC 5.

of a passenger motor vehicle; purchase of necessary reference books and periodicals; for expenses of attendance, when specifically authorized by the Architect of the Capitol, at meetings or conventions in connection with subjects related to work under the Architect of the Capitol, $4,428,500.

Not to exceed $950,000 of the unobligated balance of that part of the appropriation under this head for the fiscal year 1973, made available until June 30, 1974, for restoration of the Old Senate and Supreme Court Chambers, is hereby continued available until June 30, 1975.

Not to exceed $177,000 of the unobligated balance of the appropriation under this head for the fiscal year 1974 is hereby continued available until June 30, 1975.

 capitol grounds

For care and improvement of grounds surrounding the Capitol, the Senate and House Office Buildings, and the Capitol Power Plant; personal and other services; care of trees; planting; fertilizer; repairs to pavements, walks, and roadways; waterproof wearing apparel; maintenance of signal lights; and for snow removal by hire of men and equipment or under contract without regard to section 3709 of the Revised Statutes, as amended; $1,176,400.

The amount of $250,000 of the appropriation under this head for the fiscal year 1974, for modifications to and replacement of existing traffic signals and installation of additional traffic signals and all items appurtenant thereto, is hereby continued available until June 30, 1975.

 88 Stat. 438 senate office buildings For maintenance, miscellaneous items and supplies, including furniture, furnishings, and equipment, and for labor and material incident thereto, and repairs thereof; for purchase of waterproof wearing apparel, and for personal and other services; for the care and operation of the Senate Office Buildings; including the subway and subway transportation systems connecting the Senate Office Buildings with the Capitol; uniforms or allowances therefor as authorized by law (5 U.S.C. 5901-5902), prevention and eradication of insect and other pests without regard to section 3709 of the Revised Statutes as amended; to be expended under the control and supervision of the

41 USC 5.

 Architect of the Capitol in all, $6,620,800. senate garage For maintenance, repairs, alterations, personal and other services, and all other necessary expenses, $103,300. house office buildings

For maintenance, including equipment; waterproof wearing apparel; uniforms or allowances therefor as authorized by law (5 U.S.C. 5901–5902); prevention and eradication of insect and other pests without regard to section 3709 of the Revised Statutes, as amended; miscellaneous items; and for all necessary services, including the position of Superintendent of Garages as authorized by law, $8,671,700.

Not to exceed $9,700 of the unobligated balance of the appropriation under this head for the fiscal year 1974 is hereby continued available until June 30, 1975.

 Acquisition of Property, Construction, and Equipment, Additional House Office Building For an amount, in addition to amounts heretofore appropriated under this head, for expenses authorized by the Additional House Office Building Act of 1955 (69 Stat. 41, 42), as amended, $145,000, to

40 USC 175 note.

 remain available until expended. capitol power plant For lighting, heating, and power (including the purchase of electrical energy) for the Capitol, Senate and House Office Buildings, Supreme Court Building, Congressional Library Buildings, and the grounds about the same. Botanic Garden, Senate garage, and for air-conditioning refrigeration not supplied from plants m any of such buildings; for heating the Government Printing Office, Washington City Post Office, and Folger Shakespeare Library, reimbursement for which shall be made and covered into the Treasury; personal and other services, fuel, oil, materials, waterproof wearing apparel, and all other necessary expenses in connection with the maintenance and operation of the plant; $5,443,000. Library Buildings and Grounds structural and mechanical care For necessary expenditures for mechanical and structural maintenance, including improvements, equipment, supplies, waterproof wearing apparel, and personal and other services, $1,631,000. 88 Stat. 439 BOTANIC GARDENS Salaries and Expenses For all necessary expenses incident to maintaining, operating, repairing, and improving the Botanic Garden and the nurseries, buildings, grounds, collections, and equipment pertaining thereto, including personal services; waterproof wearing apparel; not to exceed $25 for emergency medical supplies; traveling expenses, including bus fares, not to exceed $275; the prevention and eradication of insect and other pests and plant diseases by purchase of materials and procurement of personal services by contract without regard to the provisions of any other Act; purchase and exchange of motor trucks; purchase and exchange, maintenance, repair, and operation of a passenger motor vehicle; purchase of botanical books, periodicals, and books of reference, not to exceed $100; all under the direction of the Joint Committee on the Library; $916,600. LIBRARY OF CONGRESS Salaries and Expenses For necessary expenses of the Library of Congress, not otherwise provided for, including development and maintenance of the Union Catalogs; custody, care, and maintenance of the Library Buildings; special clothing; cleaning, laundering, and repair of uniforms; preservation of motion pictures in the custody of the Library; for the National Program for acquisition and cataloging of Library material; and expenses of the Library of Congress Trust Fund Board not properly chargeable to the income of any trust fund held by the Board, $48,460,000, including $2,778,000 to be available for reimbursement to the General Services Administration for rental of suitable space in the District of Columbia or its immediate environs for the Library of Congress. Copyright Office salaries and expenses For necessary expenses of the Copyright Office, including publication of the decisions of the United States courts involving copyrights, $5,839,000. Congressional Research Service salaries and expenses For necessary expenses to carry out the provisions of section 203 of the Legislative Reorganization Act of 1946, as amended by section 321 of the Legislative Reorganization Act of 1970 (2 U.S.C. 166), $13,345,000: Provided, That no part of this appropriation may be used to pay any salary or expense in connection with any publication, or preparation of material therefor (except the Digest of Public General Bills), to be issued by the Library of Congress unless such publication has obtained prior approval of either the Committee on House Administration or the Senate Committee on Rules and Administration. 88 Stat. 440 Distribution of Catalog Cards salaries and expenses For necessary expenses for the preparation and distribution of catalog cards and other publications of the Library, $10,581,000: Provided, That $200,000 of this appropriation shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), only to the extent necessary to provide for expenses (excluding permanent personal services) for workload increases not anticipated in the budget estimates and which cannot be provided for by normal budgetary adjustments. Books for the General Collections For necessary expenses (except personal services) for acquisition of books, periodicals, and newspapers, and all other material for the increase of the Library, $1,458,000, to remain available until expended, including $40,000 to be available solely for the purchase, when specifically approved by the Librarian, of special and unique materials for additions to the collections. Books for the Law Library For necessary expenses (except personal services) for acquisition of books, legal periodicals, and all other material for the increase of the law library, $229,000, to remain available until expended. Books for the Blind and Physically Handicapped salaries and expenses For salaries and expenses to carry out the provisions of the Act approved March 3, 1931 (2 U.S.C. 135a), as amended, $11,416,900. Collection and Distribution of Library Materials (Special Foreign Currency Program) For necessary expenses for carrying out the provisions of section 104(b) (5) of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704), to remain available until expended, $2,014,100, of which $1,718,500 shall be available only for payments in any foreign currencies owed to or owned by the United States which the Treasury Department shall determine to be excess to the normal requirements of the United States. Furniture and Furnishings For necessary expenses for the purchase and repair of furniture, furnishings, office and library equipment, $3,319,000, of which $2,726,000 shall be available until expended only for the purchase and supply of furniture, book stacks, shelving, furnishings, and related costs necessary for the initial outfitting of the James Madison Memorial Library Building. 88 Stat. 441 Revision of Annotated Constitution salaries and expenses For necessary expenses to enable the Librarian to revise and extend the Annotated Constitution of the United States of America, $34,000, to remain available until expended. Administrative Provisions

Appropriations in this Act available to the Library of Congress for salaries shall be available for expenses of investigating the loyalty of Library employees; special and temporary services (including employees engaged by day or hour or in piecework); and services as authorized by 5 U.S.C. 3109.

Not to exceed fifteen positions in the Library of Congress may be me

Aliens, employment.

2 USC 169.

exempt from the provisions of appropriation Acts concerning the employment of aliens during the current fiscal year, but the Librarian shall not make any appointment to any such position until he has ascertained that he cannot secure for such appointments a person in any of the categories specified in such provisions who possesses the special qualifications for the particular position and also otherwise meets the general requirements for employment in the Library of Congress.

Funds available to the Library of Congress may be expended to

2 USC 143a.

reimburse the Department of State for medical services rendered to employees of the Library of Congress stationed abroad and for contracting on behalf of and hiring alien employees for the Library of Congress under compensation plans comparable to those authorized by section 444 of the Foreign Service Act of 1946, as amended (22 U.S.C. 889(a)); for purchase or hire of passenger motor vehicles;

2 USC 143a.

 for payment of travel, storage and transportation of household goods, and transportation and per diem expenses for families en route (not to exceed twenty-four); for benefits comparable to those payable under sections 911 (9), 911 (11), and 941 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1136(9), 1136(11), and 1156, respectively) ; and travel benefits comparable with those which are now or hereafter may be granted single employees of the Agency for International Development, including single Foreign Service personnel assigned to A.I.D. projects, by the Administrator of the Agency for International Development—or his designee—under the authority of section 636(b) of the Foreign Assistance Act of 1961 (Public Law 87–195, 22 U.S.C. 2396(b)); subject to such rules and regulations as may be issued by

2 USC 143a.

 the Librarian of Congress.

Payments in advance for subscriptions or other charges for bibliographical data, publications, materials in any other form, and services may be made by the Librarian of Congress whenever he determines it

Advance payments.

to be more prompt, efficient, or economical to do so in the interest of carrying out required Library programs.

Appropriations in this Act available to the Library of Congress shall be available, in an amount not to exceed $57,500, when specifically authorized by the Librarian, for expenses of attendance at meetings concerned with the function or activity for which the appropriation is made.

Funds available to the Library of Congress may be expended to provide additional parking facilities for Library of Congress employees in an area or areas in the District of Columbia outside the limits of the Library of Congress grounds, and to provide for transportation of such employees to and from such area or areas and the Library of Congress grounds without regard to the limitations imposed by 31 U.S.C. 638a (c)(2).

 88 Stat. 442 GOVERNMENT PRINTING OFFICE Printing and Binding For authorized printing and binding for the Congress; for printing and binding for the Architect of the Capitol; expenses necessary for preparing the semimonthly and session index to the Congressional Record, as authorized by law (44 U.S.C. 902); printing, binding, and distribution of the Federal Register (including the Code of Federal Regulations) as authorized by law (44 U.S.C. 1509,1510); and printing and binding of Government publications authorized by law to be distributed without charge to the recipients; $80,000,000: Provided, That this appropriation shall not be available for printing and binding part 2 of the annual report of the Secretary of Agriculture (known as the Yearbook of Agriculture): Provided further, That this appropriation shall be available for the payment of obligations incurred under the appropriations for similar purposes for preceding fiscal years. Office of Superintendent of Documents salaries and expenses For necessary expenses of the Office of Superintendent of Documents, including compensation of all employees in accordance with the provisions of 44 U.S.C. 305; travel expenses (not to exceed $88,300): Provided, That expenditures in connection with travel expenses of the Depository Library Advisory Council shall be deemed necessary to carrying out the provisions of chapter 19 of title 44, United States Code; price lists and bibliographies; repairs to buildings,

44 USC 1901.

 elevators, and machinery; and supplying books to depository libraries;: Provided, That $222,000 of this appropriation shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), with the approval of the Public Printer, only to the extent necessary to provide for expenses (excluding permanent personal services) for workload increases not anticipated in the budget estimates and which cannot be provided for by normal budgetary adjustments. Government Printing Office Revolving Fund

For payment to the “Government Printing Office revolving fund”, $12,000,000, to remain available until expended, to provide additional working capital necessary for the support of normal operation of the revolving fund.

The Government Printing Office is hereby authorized to make such expenditures, within the limits of funds available and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying

31 USC 849.

out the programs and purposes set forth in the budget for the current fiscal year for the “Government Printing Office revolving fund”: Provided, That not to exceed $3,500 may be expended on the certification of the Public Printer in connection with special studies of governmental printing, binding, and distribution practices and procedures: Provided further, That during the current fiscal year the revolving fund shall be available for the hire of two passenger motor vehicles and the purchase of one passenger motor vehicle.

 88 Stat. 443 GENERAL ACCOUNTING OFFICE Salaries and Expenses For necessary expenses of the General Accounting Office, including not to exceed $4,000 to be expended on the certification of the Comptroller General of the United States in connection with special studies of governmental financial practices and procedures; services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate equivalent to the rate for grade GS–18; hire

5 USC 5332 note.

 of one passenger motor vehicle; advance payments in foreign countries notwithstanding section 3648, Revised Statutes, as amended (31 U.S.C. 529); benefits comparable to those payable under section 911(9), 911 (11), and 942(a) of the Foreign Service Act of 1946, as amended (22 U.S.C. 1136(9), 1136(11), and 1157(a), respectively); and under regulations prescribed by the Comptroller General of the United States, rental of living quarters in foreign countries and travel benefits comparable with those which are now or hereafter may be granted single employees of the Agency for International Development, including single Foreign Service personnel assigned to A.I.D. projects, by the Administrator of the Agency for International Development—or his designee—under the authority of section 636(b) of the Foreign Assistance Act of 1961 (Public Law 87–195, 22 U.S.C. 2396(b)), $121,376,000: Provided, That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the Joint Financial Management Improvement Program (JFMIP) shall be available to finance an appropriate share of JFMIP costs as determined by the JFMIP, including but not limited to the salary of the Executive Secretary and secretarial support: Provided further, That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the National Intergovernmental Audit Forum shall be available to finance an appropriate share of Forum costs as determined by the Forum, including necessary travel expenses of non-Federal participants. Payments hereunder to either the Forum or the JFMIP may be credited as reimbursements to any appropriation from which costs involved are initially financed. COST-ACCOUNTING STANDARDS BOARD Salaries and Expenses For expenses of the Cost-Accounting Standards Board necessary to carry out the provisions of section 719 of the Defense Production Act of 1950, as amended (Public Law 91–379, approved August 15, 1970),

50 USC app. 2168.

 $1,628,000. GENERAL PROVISIONS
Sec. 102. No part of the funds appropriated in this Act shall be used for the maintenance or care of private vehicles, except for emergency assistance and cleaning as may be provided under regulations issued by the House of Representatives Select Committee To Regulate Parking on the House Side of the Capitol.
Sec. 103. Whenever any office or position not specifically established by the Legislative Pay Act of 1929 is appropriated for herein or whenever

2 USC 60a note.

the rate of compensation or designation of any position appropriated for herein is different from that specifically established for such position by such Act, the rate of compensation and the designation of the position, or either, appropriated for or provided herein, shall be the permanent law with respect thereto: Provided, That the88 Stat. 444 provisions herein for the various items of official expenses of Members, officers, and committees of the Senate and House, and clerk hire for Senators and Members shall be the permanent law with respect thereto.
Sec. 104. No part of any appropriation contained in this Act shall

Fiscal year limitation.

 remain available for obligation beyond the current fiscal year unless expressly so provided herein.
Sec. 105. No part of any appropriation contained in this Act shall be available for paying to the Administrator of the General Services Administration in excesss of 90 per centum of the standard level user charge established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended, for space and

40 USC 490.

 services.
Sec. 106. Notwithstanding any other provision of law, the citizenship

Senate employee, exemption.

 or nationality of Karin Birgitta Holmen shall not prohibit the Secretary of the Senate from paying compensation to the said Karin Birgitta Holmen while serving as an employee of the Senate.
Sec. 107.

Section 502(b) of the Mutual Security Act of 1954 (22 U.S.C. 1754(b)), relating to the use of foreign currency, is amended by striking out the last two sentences and inserting in lieu thereof the following: “Each member or employee of any such committee shall make, to the chairman of such committee in accordance with regulations prescribed by such committee, an itemized report showing the amounts and dollar equivalent values of each such foreign currency expended and the amounts of dollar expenditures made from appropriated funds in connection with travel outside the United States, together with the purposes of the expenditure, including lodging, meals, transportation, and other purposes. Within the first sixty days that Congress

Report to Clerk of the House or Secretary of the Senate.

is in session in each calendar year, the chairman of such committee shall prepare a consolidated report showing the total itemized expenditures during the preceding calendar year of the committee and each subcommittee thereof, and of each member or employee of such committee or subcommittee, and shall forward such consolidated report to the Clerk of the House of Representatives (if the committee be a committee of the House of Representatives or a joint committee whose funds are disbursed by the Clerk of the House) or to the Secretary of the Senate (if the committee be a Senate committee or joint committee whose funds are disbursed by the Secretary of the Senate).”.

This Act may be cited as the “Legislative Branch Appropriation

Short title.

Act, 1975”.
Approved August 13, 1974.
Public Law 93–372: To extend by sixty-two days the expiration date of the Export Administration Act of 1969. Public Law 372 88 Stat. 444 1974-08-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–372
Joint Resolution To extend by sixty-two days the expiration date of the Export Administration Act of 1969.

August 14, 1974

[H. J. Res. 1104]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 14 of the Export Administration Act of 1969 is amended by striking out “July 30” and

Ante, p. 287.

 inserting in lieu thereof “September 30”.
Approved August 14, 1974.
Public Law 93–373: To provide for increased participation by the United States in the International Development Association and to permit United States citizens to purchase, hold, sell, or otherwise deal with gold in the United States or abroad. Public Law 373 88 Stat. 445 1974-08-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 445 Public Law 93–373
An Act To provide for increased participation by the United States in the International Development Association and to permit United States citizens to purchase, hold, sell, or otherwise deal with gold in the United States or abroad.

August 14, 1974

[S. 2665]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the International

International Development Association.

U.S. participation increase.

Gold commerce.

U.S. citizen participation.

22 USC 284l.

 Development Association Act (22 U.S.C. 284 et seq.) is amended by adding at the end thereof the following new section:
“Sec. 14. (a) The United States Governor is hereby authorized to agree on behalf of the United States to pay to the Association tour annual installments of $375,000,000 each as the United States contribution to the Fourth Replenishment of the Resources of the Association. “(b) In order to pay for the United States contribution, there is

Appropriation.

 hereby authorized to be appropriated without fiscal year limitation four annual installments of $375,000,000 each for payment by the Secretary of the Treasury.”.
Sec. 2. Subsections 3 (b) and (c) of Public Law 93–110 (87 Stat.

Repeals.

 352) are repealed and in lieu thereof add the following: “(b) No provision of any law in effect on the date of enactment of this Act, and no rule, regulation, or order in effect on the date subsections (a) and (b) become effective may be construed to prohibit any person from purchasing, holding, selling, or otherwise dealing with gold in the United States or abroad. “(c) The provisions of subsections (a) and (b) of this section shall

Effective date.

 take effect either on December 31, 1974, or at any time prior to such date that the President finds and reports to Congress that international

Presidential report to Congress.

 monetary reform shall have proceeded to the point where elimination of regulations on private ownership of gold will not adversely affect the United States international monetary position.”.
Sec. 3. The International Development Association Act (22 U.S.C.

Development of nuclear explosive devices, loan restrictions.

22 USC 284m.

 284 et seq.) is amended by inserting at the end thereof the following:
“Sec. 15. The United States Governor is authorized and directed to vote against any loan or other utilization of the funds of the Association for the benefit of any country which develops any nuclear explosive device, unless the country is or becomes a State Party to the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483).
Approved August 14, 1974.
Public Law 93–374: To amend the Export-Import Bank Act of 1945. Public Law 374 88 Stat. 445 1974-08-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–374
Joint Resolution To amend the Export-Import Bank Act of 1945.

August 14, 1974

[S. J. Res. 229]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 8 of the Export-Import Bank Act of 1945 is amended by striking out “July 30” and

Ante, p. 289.

 inserting in lieu thereof “September 30”.
Approved August 14, 1974.
Public Law 93–375: To amend the Act of August 9, 1955, relating to school fare subsidy for transportation of schoolchildren within the District of Columbia. Public Law 375 88 Stat. 446 1974-08-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 446 Public Law 93–375
An Act To amend the Act of August 9, 1955, relating to school fare subsidy for transportation of schoolchildren within the District of Columbia.

August 14, 1974

[S. 3477]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 2 of

D.C.

School fare subsidy.

 the Act entitled “An Act to provide for the regulation of fares for the transportation of schoolchildren in the District of Columbia”, approved August 9, 1955 (D.C. Code, sec. 44–214a), as amended by an Act approved October 18, 1968, and by an Act approved August 11, 1971, is further amended by deleting “1974” and substituting “1977”.
Sec. 2. Notwithstanding any other provision of law, or any rule of

D.C. Code 44–214a note.

 law, nothing in this Act (including the amendment made by this Act) shall be construed as limiting the authority of the Council of the District of Columbia to enact any act or resolution, after January 2, 1975, pursuant to the District of Columbia Self-Government and Governmental Reorganization Act with respect to any matter covered

D.C. Code 1–121 note.

 by this Act.
Approved August 14, 1974.
Public Law 93–376: To regulate certain political campaign finance practices in the District of Columbia, and for other purposes. Public Law 376 88 Stat. 446 1974-08-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–376
An Act To regulate certain political campaign finance practices in the District of Columbia, and for other purposes.

August 14, 1974

[H. R. 15074]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

District of Columbia Campaign Finance Reform and Conflict of Interest Act.
TITLE I— Sec. 101. Sec. 102. TITLE II— Sec. 201. Sec. 202. Sec. 203. Sec. 204. Sec. 205. Sec. 206. Sec. 207. Sec. 208. Sec. 209. Sec. 210. Sec. 211. TITLE III— Sec. 301. Sec. 302. Sec. 303. Sec. 304. Sec. 305. Sec. 306. 88 Stat. 447 TITLE IV— Sec. 401. Sec. 402. TITLE V— Sec. 501. Sec. 502. Sec. 503. Sec. 504. Sec. 505. Sec. 506. Sec. 507. Sec. 508. Sec. 509. Sec. 510. TITLE VI— Sec. 601. Sec. 602. TITLE VII— Sec. 701. Sec. 702. Sec. 703. Sec. 704. Sec. 705. Sec. 706. Sec. 707. Sec. 708.
<num value="I">TITLE I—</num> <heading class="inline">SHORT TITLE, DEFINITIONS</heading> <section> <heading class="smallCaps centered">short title</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">This Act may be cited as the “District of Columbia Campaign<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1121 note.</p></sidenote> Finance Reform and Conflict of Interest Act.</content> </section> </section> <section> <heading class="smallCaps centered">definitions</heading> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <chapeau class="inline">When used in this Act, unless otherwise provided—<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1121.</p></sidenote></chapeau> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">The term “election” means a primary, runoff, general, or special election held in the District of Columbia for the purpose of nominating an individual to be a candidate for election to office or for the purpose of electing a candidate to office, and includes a convention or caucus of a political party held for the purpose of nominating such a candidate.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The term “candidate” means an individual who seeks nomination for election, or election, to office, whether or not such individual is nominated or elected, and, for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election, if<page identifier="/us/stat/88/448">88 <inline class="smallCaps">Stat</inline>. 448</page> he, has (1) obtained or authorized any other person to obtain nominating petitions to qualify himself for nomination for election, or election, to office. (2) received contributions or made expenditures, or has given his consent for any other person to receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to office, or (3) reason to know, or knows, that any other person has received contributions or made expenditures for that purpose, and has not notified that person in writing to cease receiving contributions or making expenditures for that purpose. A person who is deemed to be a candidate for the purposes of this Act shall not be deemed, solely by reason of that status, to be a candidate for the purposes of any other Federal law.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The term “office” means the office of Mayor of the District of Columbia, Chairman or member of the Council of the District of Columbia, member of the Board of Education of the District of Columbia, or an official of a political party.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <chapeau class="inline">The term “official of a political party” means—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">national committeemen and national committeewomen;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">delegates to conventions of political parties nominating candidates for the Presidency and Vice Presidency of the United States:</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">alternates to the officials referred to in clauses (1) and (2) above, where permitted by political party rules; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">such members and officials of local committees of political parties as may be designated by the duly authorized local committees of such parties for election, by public ballot, at large or by ward in the District of Columbia.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">The term “political committee” means any committee (including a principal campaign committee), club, association, organization, or other group of individuals organized for the purpose of. or engaged in. promoting or opposing a political party or the nomination or election of an individual to office.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <chapeau class="inline">The term “contribution” means—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">a gift, subscription (including any assessment, fee, or membership dues), loan, advance, or deposit of money or anything of value, made for the purpose of financing, directly or indirectly, the election campaign of a candidate or any operations of a political committee;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">a contract, promise, or agreement, whether or not legally enforceable, to make a contribution for any such purpose;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">a transfer of funds between political committees; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the payment, by any person other than a candidate or political committee, of compensation for the personal services of another person which are rendered to such candidate or committee without charge, or for less than reasonable value, for any such purpose or the furnishing of goods, advertising, or services to a candidate’s campaign without charge, or at a rate which is less than the rate normally charged for such services.</content> </paragraph> <continuation class="inline">Notwithstanding the foregoing, such term shall not be construed to include (A) services provided without compensation, by individuals<page identifier="/us/stat/88/449">88 <inline class="smallCaps">Stat</inline>. 449</page> volunteering a portion or all of their time on behalf of a candidate or political committee, (B) personal services provided without compensation by individuals volunteering a portion or all of their time to a candidate or political committee, (C) communications by an organization, other than a political party, solely to its members and their families on any subject, (D) communications (including advertisements) to any person on any subject by any organization which is organized solely as an issue-oriented organization, which communications neither endorse nor oppose any candidate for office, or (E) normal billing credit for a period not exceeding thirty days.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">(g) </num> <chapeau class="inline">The term “expenditure” means—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made for the purpose of financing, directly or indirectly, the election campaign of a candidate or any operations of a political committee;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">a transfer of funds between political committees; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">notwithstanding the foregoing provisions of this paragraph, such term shall not be construed to include the incidental expenses (as defined by the Board) made by or on behalf of individuals in the course of volunteering their time on behalf of a candidate or political committee.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">(h) </num> <content class="inline">The term “person” means an individual, partnership, committee, association, corporation, labor organization, and any other organisation or group of persons.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content class="inline">The term “Director” means the Director of Campaign Finance of the District of Columbia Board of Elections and Ethics created by title III.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="j">(j) </num> <content class="inline">The term “political party” means an association, committee, or organization which nominates a candidate for election to any office and qualifies under the District of Columbia Election Act (D.C. Code, sec. 1–1101 et seq.), to have the names of its nominees appear on the election ballot as the candidate of that association, committee, or organization.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="k">(k) </num> <content class="inline">The term “Board” means the District of Columbia Board of Elections and Ethics established under the District of Columbia Election Act (D.C. Code. sec. 1–1101 et seq.) and redesignated by section 306.</content> </subsection> </section> </section> <num value="II">TITLE II—</num> <heading class="inline">FINANCIAL DISCLOSURES</heading> <section> <heading class="smallCaps centered">organization of political committees</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Every political committee shall have a chairman and <sidenote><p class="firstIndent1 fontsize8">Chairman and treasurer.</p><p class="firstIndent1 fontsize8">D.C. Code 1–1131.</p></sidenote> a treasurer. No contribution and no expenditure shall be accepted or made by or on behalf of a political committee at a time when there is a vacancy in the office of treasurer thereof and no other person has been designated and has agreed to perform the functions of treasurer. No expenditure shall be made for or on behalf of a political committee without the authorization of its chairman or treasurer, or their designated agents.</content> </subsection> <page identifier="/us/stat/88/450">88 <inline class="smallCaps">Stat</inline>. 450</page> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Every person who receives a contribution of $10 or more for or<sidenote><p class="firstIndent1 fontsize8">Contributions.</p></sidenote> on behalf of a political committee shall, on demand of the treasurer, and in any event within five days after receipt of such contribution, submit to the treasurer of such committee a detailed account thereof, including the amount, the name and address (including the occupation and the principal place of business, if any) of the person making such contribution, and the date on which such contribution was received. All funds of a political committee shall be segregated from, and may<sidenote><p class="firstIndent1 fontsize8">Commingled funds, prohibition.</p></sidenote> not be commingled with any personal funds of officers, members, or associates of such committee.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <chapeau class="inline">Except for accounts of expenditures made out of the petty cash fund provided for under section 201(b), the treasurer of a political committee, and each candidate, shall keep a detailed and exact account of—<sidenote><p class="firstIndent1 fontsize8">Contributions and expenditures, accounts.</p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 451.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">all contributions made to or for such political committee or candidate:</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the full name and mailing address (including the occupation and the principal place of business, if any) of every person making a contribution of $10 or more, and the date and amount thereof;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">all expenditures made by or on behalf of such committee or candidate; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the full name and mailing address (including the occupation and the principal place of business, if any) of every person to whom any expenditure is made, the date and amount thereof and the name and address of, and office sought by, each candidate on whose behalf such expenditure was made.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">The treasurer or candidate shall obtain and preserve such<sidenote><p class="firstIndent1 fontsize8">Records , preservation.</p></sidenote> receipted bills and records as may be required by the Board.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">Each political committee and candidate shall include on the face or front page of all literature and advertisements soliciting funds the following notice: “<quotedText>A copy of our report is filed with the Director of Campaign Finance of the District of Columbia Board of Elections and Ethics.</quotedText>”.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">principal campaign committee</heading> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Each candidate for office shall designate in writing<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1132.</p></sidenote> one political committee as his principal campaign committee. The principal campaign committee shall receive all reports made by any other political committee accepting contributions or making expenditures for the purpose of influencing the nomination for election, or election, of the candidate who designated it as his principal campaign committee. The principal committee may require additional reports to be made to it by any such political committee and may designate the time and number of all reports. No political committee may be designated as the principal campaign committee of more than one candidate, except a principal campaign committee supporting the nomination or election of a candidate as an official of a political party may support the nomination or election of more than one such candidate, but may not support the nomination or election of a candidate for any public office.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Each statement (including the statement of organization required under section 204) or report that a political committee is required to file with or furnish to the Director under the provisions of this Act shall also be furnished, if that political committee is not a principal campaign committee, to the campaign committee for the candidate on whose behalf that political committee is accepting or making, or intends to accept or make, contributions or expenditures.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The treasurer of each political committee which is a principal campaign committee, and each candidate, shall receive all reports and<page identifier="/us/stat/88/451">88 <inline class="smallCaps">Stat</inline>. 451</page> statements filed with or furnished to it or him by other political committees, consolidate, and furnish the reports and statements to the Director, together with the reports and statements of the principal campaign committee of which he is treasurer or which was designated by him, in accordance with the provisions of this title and regulations prescribed by the Board.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">designation of campaign depository</heading> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Each political committee, and each candidate accepting <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1133.</p></sidenote> contributions or making expenditures, shall designate, in the registration statement required under section 204 or 205, one national bank located in the District of Columbia as the campaign depository of that political committee or candidate. Each such committee or candidate shall maintain a checking account at such depository and shall deposit any contributions received by the committee or candidate into that account. No expenditures may be made by such committee or candidate except by check drawn payable to the person to whom the expenditure is being made on that account, other than petty cash expenditures as provided in subsection (b).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">A political committee or candidate may maintain a petty cash <sidenote><p class="firstIndent1 fontsize8">Petty cash fund.</p></sidenote> fund out of which may be made expenditures not in excess of $50 to any person in connection with a single purchase or transaction. A record <sidenote><p class="firstIndent1 fontsize8">Recordkeeping.</p></sidenote> of petty cash receipts and disbursements shall be kept in accordance with requirements established by the Board and such statements and reports thereof shall be furnished to the Director as it may require. Payments may be made into the petty cash fund only by check drawn on the checking account maintained at the campaign depository of such political committee or candidate.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">registration of political committees; statements</heading> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Each political committee shall file with the Director <sidenote><p class="firstIndent1 fontsize8">Statement of organization.</p><p class="firstIndent1 fontsize8">D.C. Code 1–1134.</p></sidenote> a statement of organization within ten days after its organization. Each such committee in existence at the date of enactment of this Act shall file a statement of organization with the Director at such time as the Director may prescribe—</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">The statement of organization shall include—<sidenote><p class="firstIndent1 fontsize8">Contents.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the name and address of the political committee;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the names, addresses, and relationships of affiliated or connected organizations;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the area, scope, or jurisdiction of the political committee;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the name, address, and position of the custodian of books and accounts;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">the name, address, and position of other principal officers, including officers and members of the finance committee, if any;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">the name, address, office sought, and party affiliation of (A) each candidate whom the committee is supporting, and (B) any other individual, if any, whom the committee is supporting for nomination for election or election, to any public office whatever; or, if the committee is supporting the entire ticket of any party, the name of the party;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">a statement whether the political committee is a continuing one;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content class="inline">the disposition of residual funds which will be made in the event of dissolution;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">(9) </num> <content class="inline">the name and address of the bank designated by the committee as the campaign depository, together with the title and number of each account and safety deposit box used by that com-<page identifier="/us/stat/88/452">88 <inline class="smallCaps">Stat</inline>. 452</page>mittee at the depository, and the identification of each individual authorized to make withdrawals or payments out of each such account or box; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="10">(10) </num> <content class="inline">such other information as shall be required by the Director.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Any change in information previously submitted in a statement of organization shall be reported to the Director within the ten-day period following the change.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Any political committee which, after having filed one or more statements of organization, disbands or determines it will no longer receive contributions or make expenditures during the calendar year shall so notify the Director.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">registration of candidates</heading> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Each individual shall, within five days of becoming<sidenote><p class="firstIndent1 fontsize8">Filing.</p><p class="firstIndent1 fontsize8">D.C. Code 1–1135.</p></sidenote> a candidate, or within five days of the day on which he, or any person authorized by him (pursuant to section 401 (d)) to do so, has received a contribution or made an expenditure in connection with his campaign or for the purposes of preparing to undertake his campaign, file with the Director a registration statement in such form as the Director may prescribe.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">In addition, candidates shall provide the Director the name and address of the campaign depository designated by that candidate, together with the title and number of each account and safety deposit box used by that candidate at the depository, and the identification of each individual authorized to make withdrawals or payments out of such account or box, and such other information as shall be required by the Director.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">reports by political committees and candidates</heading> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The treasurer of each political committee supporting<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1136.</p></sidenote> a candidate, and each candidate, required to register under this Act, shall file with the Director, and with the applicable principal campaign committee, reports of receipts and expenditures on forms to be prescribed or approved by the Director. Except for the first such<sidenote><p class="firstIndent1 fontsize8">Filing dates.</p></sidenote> report which shall be filed on the twenty-first day after the date of enactment of this Act, such reports shall be filed on the 10th day of March, June, August, October, and December in each year during which there is held an election for the office such candidate is seeking, and on the fifteenth and fifth days next preceding the date on which such election is held, and also by the 31st day of January of each year. In addition such reports shall be filed on the 31st day of July of each year in which there is no such election. Such reports shall be complete as of such date as the Director may prescribe, which shall not be more than five days before the date of filing, except that any contribution of $200 or more received after the closing date prescribed by the Director for the last report required to be filed prior to the election shall be reported within twenty-four hours after its receipt.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">Each report under this section shall disclose—<sidenote><p class="firstIndent1 fontsize8">Contents.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the amount of cash on hand at the beginning of the reporting period;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the full name and mailing address (including the occupation and the principal place of business, if any) of each person who has made one or more contributions to or for such committee or candidate (including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events) within the calendar year in an aggregate amount or value in excess of $50 or more, together with the amount and date of such contributions:</content> </paragraph> <page identifier="/us/stat/88/453">88 <inline class="smallCaps">Stat</inline>. 453</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the total sum of individual contributions made to or for such committee or candidate during the reporting period and not reported under paragraph (2);</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the name and address of each political committee or candidate from which the reporting committee or the candidate received, or to which that committee or candidate made, any transfer of funds, together with the amounts and dates of all transfers;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">each loan to or from any person within the calendar year in an aggregate amount or values of $50 or more, together with the full names and mailing addresses (including the occupation and the principal place of business, if any) of the lender and endorsers, if any, and the date and amount of such loans;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">the net amount of proceeds from (A) the sale of tickets to each dinner, luncheon, rally, and other fundraising events organized by such committee; (B) mass collections made at such events; and (C) sales by such committee of items such as political campaign pins, buttons, badges, flags, emblems, hats, banners, literature, and similar materials;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">each contribution, rebate, refund, or other receipt of $50 or more not otherwise listed under paragraphs (2) through (6) ;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content class="inline">the total sum of all receipts by or for such committee or candidate during the reporting period;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">(9) </num> <content class="inline">the full name and mailing address (including the occupation and the principal place of business, if any) of each person to whom expenditures have been made by such committee or on behalf of such committee or candidate within the calendar year in an aggregate amount or value of $10 or more, the amount, date, and purpose of each such expenditure and the name and address of, and office sought by, each candidate on whose behalf such expenditure was made;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="10">(10) </num> <content class="inline">the total sum of expenditures made by such committee or candidate during the calendar year;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="11">(11) </num> <content class="inline">the amount and nature of debts and obligations owed by or to the committee, in such form as the Director may prescribe and a continuous reporting of its debts and obligations after the election at such periods as the Director may require until such debts and obligations are extinguished; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="12">(12) </num> <content class="inline">such other information as may be required by the Director.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The reports to be filed under subsection (a) shall be cumulative <sidenote><p class="firstIndent1 fontsize8">Cumulative reports.</p></sidenote> during the calendar year to which they relate, but where there has been no change in an item reported in a previous report during such year, only the unchanged amount need be carried forward. If no contributions or expenditures have been accepted or expended during a calendar year, the treasurer of the political committee or candidate shall file a statement to that effect.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Each treasurer of a political committee, each candidate for <sidenote><p class="firstIndent1 fontsize8">Cash contributions, reports.</p></sidenote> election to office, and each treasurer appointed by a candidate, shall file with the Director weekly reports of cash contributions on forms to be prescribed or approved by the Director.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">reports by others than political committees</heading> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num> <content class="inline">Every person (other than a political committee or candidate) <sidenote><p class="firstIndent1 fontsize8">Filing.</p><p class="firstIndent1 fontsize8">D.C. Code 1–1137.</p></sidenote> who makes contributions or expenditures, other than by contribution to a political committee or candidate, in an aggregate amount of $50 or more within a calendar year shall file with the Director a statement containing the information required by section 206. Statements required by this section shall be filed on the dates on which reports by political committees are filed, but need not be cumulative.</content> </section> </section> <page identifier="/us/stat/88/454">88 <inline class="smallCaps">Stat</inline>. 454</page> <section> <heading class="smallCaps centered">formal requirements respecting reports and statements</heading> <section class="firstIndent1 fontsize10"> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">A report or statement required by this title to be filed<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1138.</p></sidenote> by a treasurer of a political committee, a candidate, or by any other person, shall be verified by the oath or affirmation of the person filing such report or statement, taken before any officer authorized to administer oaths.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">A copy of a report or statement shall be preserved by the person <sidenote><p class="firstIndent1 fontsize8">Copies.</p></sidenote> filing it for a period to be designated by the Board in a published regulation.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The Board, shall, by published regulations of general applicability, <sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote> prescribe the manner in which contributions and expenditures in the nature of debts and other contracts, agreements, and promises to make contributions or expenditures shall be reported. Such regulations shall provide that they be reported in separate schedules. In determining aggregate amounts of contributions and expenditures, amounts reported as provided in such regulations shall not be considered until actual payment is made.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">exemption for candidates who anticipate spending less than $250</heading> <section class="firstIndent1 fontsize10"> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num> <content class="inline">Except for the provisions of subsections (c] and (d) of<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1139.</p></sidenote> section 201, and subsection (a) of section 205, the provisions of this title shall not apply to any candidate who anticipates spending or spends less than $250 in any one election and who has not designated a principal campaign committee. On the fifteenth day prior to the date of the election in which such candidate is entered, and on the thirtieth day after the date of such election, such candidate shall certify to the Director that he has not spent more than $250 in such election.</content> </section> </section> <section> <heading class="smallCaps centered">identification of campaign literature</heading> <section class="firstIndent1 fontsize10"> <num value="210"><inline class="smallCaps">Sec</inline>. 210. </num> <content class="inline">All newspaper or magazine advertising, posters, circulars,<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1140.</p></sidenote> billboards, handbills, bumper stickers, sample ballots, and other printed matter with reference to or intended for the support or defeat of a candidate or group of candidates for nomination or election to any public office shall be identified by the words "paid for by" followed by the name and address of the payer or the committee or other person and its treasurer on whose behalf the material appears.</content> </section> </section> <section> <heading class="smallCaps centered">effect on liability</heading> <section class="firstIndent1 fontsize10"> <num value="211"><inline class="smallCaps">Sec</inline>. 211. </num> <content class="inline">Nothing in this title shall be construed as creating or<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1141.</p></sidenote> limiting in any way the liability of any person under existing law for any financial obligation incurred by a political committee or candidate.</content> </section> </section> <num value="III">TITLE III—</num> <heading class="inline">DIRECTOR OF CAMPAIGN FINANCE</heading> <section> <heading class="smallCaps centered">establishment of the office of director</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There is established within the District of Columbia<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1151.</p></sidenote> Board of Elections and Ethics the office of Director of Campaign Finance (hereinafter in this Act referred to as the “Director”). The Commissioner of the District of Columbia shall appoint, by and with the advice and consent of the Senate, the Director, except that on and after January 2, 1975, any vacancy in the office of Director shall be filled by appointment by the Mayor, with the advice and consent of<sidenote><p class="firstIndent1 fontsize8">Appointment.</p></sidenote> the Council. Such appointments shall be made without regard to the provisions of title 5 of the United States Code, governing appoint-<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s101">5 USC 101 et seq.</ref></p></sidenote><page identifier="/us/stat/88/455">88 <inline class="smallCaps">Stat</inline>. 455</page>merits in the competitive service. The Director shall be entitled to <sidenote><p class="firstIndent1 fontsize8">Compensation.</p></sidenote> receive compensation at the maximum rate as may be established from time to time for grade 16 of the General Schedule in section 5332 of title 5 of the United States Code, and shall be responsible for the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> administrative operations of the Board pertaining to this Act and shall perform such other duties as may be delegated or assigned to him from time to time by regulations or orders of the Board. However, the Board shall not delegate to the Director the making of regulations regarding elections.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Board may appoint a General Counsel without regard to <sidenote><p class="firstIndent1 fontsize8">General Counsel, appointment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s101">5 USC 101 et seq.</ref></p></sidenote> the provisions of title 5 of the United States Code, governing appointments in the competitive service, to serve at the pleasure of the Board. The General Counsel shall be entitled to receive compensation at the same rate as the Director of the Board and shall be responsible solely to the Board. The General Counsel shall perform such duties as may be delegated or assigned to him from time to time by regulation or order of the Board.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">In any appropriate case where the Board upon its own motion <sidenote><p class="firstIndent1 fontsize8">Violations, prosecution.</p></sidenote> or upon recommendation of the Director makes a finding of an apparent violation of this Act, it shall refer such case to the United States Attorney for the District of Columbia for prosecution, and shall make <sidenote><p class="firstIndent1 fontsize8">Public notification.</p><p class="firstIndent1 fontsize8">Civil actions.</p></sidenote> public the fact of such referral and the basis for such finding. In addition, the Board, through its General Counsel, shall initiate, maintain, defend, or appeal any civil action (in the name of the Board) relating to the enforcement of the provisions of this Act. The Board <sidenote><p class="firstIndent1 fontsize8">Injunctive relief.</p></sidenote> may, through its General Counsel, petition the courts of the District of Columbia for declaratory or injunctive relief concerning any action covered by the provisions of this Act.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">powers of the director</heading> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Director, under regulations of general applicability <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1152.</p></sidenote> approved by the Board, shall have the power—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">to require any person to submit in writing such reports and answers to questions as the Director may prescribe relating to the administration and enforcement of this Act; and such submission shall be made within such reasonable period and under oath or otherwise as the Director may determine;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">to administer oaths;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">to require by subpena the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">in any proceeding or investigation to order testimony to be taken by deposition before any person who is designated by the Director and has the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under paragraph (3) of this subsection;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">to pay witnesses the same fees and mileage as are paid in like circumstances in the Superior Court of the District of Columbia; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">to accept gifts and voluntary and uncompensated services. Subpenas issued under this section shall be issued by the Director upon <sidenote><p class="firstIndent1 fontsize8">Subpenas.</p></sidenote> the approval of the Board.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Superior Court of the District of Columbia may, upon petition by the Board, in case of refusal to obey a subpena or order of the order. Board issued under subsection (a) of this section, issue an order requiring compliance therewith; and any failure to obey the order of the court may be punished by the court as a contempt thereof.</content> </subsection> </section> </section> <page identifier="/us/stat/88/456">88 <inline class="smallCaps">Stat</inline>. 456</page> <section> <heading class="smallCaps centered">duties of the director</heading> <section class="firstIndent1 fontsize10"> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <chapeau class="inline">The Director shall—<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1153.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">develop and furnish (upon request) prescribed forms for the making of the reports and statements required to be filed with him under this Act;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">develop a filing, coding, and cross-indexing system consonant with the purposes of this Act;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">make the reports and statements filed with him available<sidenote><p class="firstIndent1 fontsize8">Reports and statements, availability.</p></sidenote> for public inspection and copying, commencing as soon as practicable but not later than the end of the second day following the day during which it was received, and to permit and facilitate copying of any such report or statement by hand and by duplicating machine, as requested by any person, at reasonable cost to such person, except any information copied from such reports and statements shall not be sold or utilized by any person for the purpose of soliciting contributions or for any commercial purpose;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">preserve such reports and statements for a period of ten<sidenote><p class="firstIndent1 fontsize8">Recordkeeping.</p></sidenote> years from date of receipt;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">compile and maintain a current list of all statements or parts of statements on file pertaining to each candidate;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">prepare and publish such other reports as he may deem appropriate;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">assure dissemination of statistics, summaries, and reports prepared under this title;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content class="inline">make from time to time audits and field investigations with<sidenote><p class="firstIndent1 fontsize8">Audits and investigations.</p></sidenote> respect to reports and statements filed under the provisions of this title, and with respect to alleged failures to file any report or statement required under the provisions of this title; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">(9) </num> <content class="inline">perform such other duties as the Board may require.</content> </paragraph> </section> </section> <section> <heading class="smallCaps centered">general accounting office to assist board and director</heading> <section class="firstIndent1 fontsize10"> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num> <content class="inline">The Board and Director may, in the performance of its<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1154.</p></sidenote> functions under this Act, request the assistance of the Comptroller General of the United States, including such investigations and audits as the Board and Director may determine necessary, and the Comptroller General shall provide such assistance with or without reimbursement, as the Board and Director and the Comptroller General shall agree.</content> </section> </section> <section> <heading class="smallCaps centered">nominating committee</heading> <section class="firstIndent1 fontsize10"> <num value="305"><inline class="smallCaps">Sec</inline>. 305. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Effective January 2, 1975, there is established within<sidenote><p class="firstIndent1 fontsize8">District of Columbia Board of Elections and Ethics Nominating Committee.</p><p class="firstIndent1 fontsize8">Establishment. </p><p class="firstIndent1 fontsize8">D.C. Code 1–1155.</p></sidenote> the Government of the District of Columbia a committee to be known as the “District of Columbia Board of Elections and Ethics Nominating Committee” (hereinafter in this Act referred to as the “Committee”). The Committee shall have the function of nominating individuals for appointment as members of the District of Columbia Board of Elections and Ethics for any and all vacancies occurring on such Board on or after the date on which a majority of the members first appointed pursuant to this section hold their first meeting as members of the Committee. Such nominations shall be made by the Committee in accordance with the provisions of this section. The Committee <sidenote><p class="firstIndent1 fontsize8">Membership.</p></sidenote> shall consist of five members. Within ten days following the date on which a majority of the members are first appointed pursuant to this section, such members so appointed shall hold their first meeting as members of the Committee.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Two members of the Committee shall be appointed by the Mayor, at least one of whom shall be a lawyer.</content> </paragraph> <page identifier="/us/stat/88/457">88 <inline class="smallCaps">Stat</inline>. 457</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Three members of the Committee shall be appointed by the Chairman of the Council of the District of Columbia, with the approval of the Council.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Members of the Committee shall serve for terms of five years, <sidenote><p class="firstIndent1 fontsize8">Terms.</p></sidenote> except that of the members first appointed pursuant to subsection (b) (1), one shall serve for one year and one for five years, as designated at the time of appointment, and members appointed pursuant to subsection (b) (2), one shall serve for two years, one for three years, and one for four years, as designated at the time of appointment.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">No individual may be appointed as a member of the Committee <sidenote><p class="firstIndent1 fontsize8">Qualifications.</p></sidenote> unless he or she—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">is a citizen of the United States, and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">is a resident of the District of Columbia and has maintained his or her domicile within the District for at least one year immediately preceding the date of his or her appointment, and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">is not a member of the Council of the District of Columbia or an officer or employee of the Government of the District of Columbia (including the judicial branch).</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Any vacancy in the membership of the Committee shall be filled <sidenote><p class="firstIndent1 fontsize8">Vacancies.</p></sidenote> in the same manner in which the original appointment was made. Any individual appointed to fill a vacancy, occur-ring other than upon the expiration of a term, shall serve only for the remainder of the term of such individual’s predecessor.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">Members of the Committee shall be paid for each day spent <sidenote><p class="firstIndent1 fontsize8">Salaries.</p></sidenote> performing their duties as members of the Committee at a rate which is equal to the daily equivalent of the rate provided by step 1 of grade 17 of the General Schedule under section 5832 of title 5, United States Code. </content> </subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p><p class="firstIndent1 fontsize8">Meetings, notification.</p></sidenote> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Except as otherwise provided in subsection (a) of this section, the Committee shall act only at meetings called by the Chairman or a majority of the members thereof and only after notice has been given of such meeting to all members of the Committee.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Committee shall choose annually from among its members <sidenote><p class="firstIndent1 fontsize8">Chairman.</p></sidenote> a Chairman and such other officers as it deems necessary. The Committee may adopt such rules of procedure as may be necessary to govern the business of the Committee.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Each agency of the government of the District of Columbia shall <sidenote><p class="firstIndent1 fontsize8">Information, interagency cooperation.</p></sidenote> furnish to the Committee, upon request, such records, information, services, and such other assistance and facilities as may be necessary to enable the Committee to perform its function properly. Any information furnished to the Committee designated “confidential” by the person furnishing it to the Committee shall be treated by the Committee as privileged and confidential.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">(g) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">In the event of any such vacancy in the District of Columbia <sidenote><p class="firstIndent1 fontsize8">Vacancies appointment.</p></sidenote> Board of Elections and Ethics, the Committee shall, within thirty days after such vacancy occurs, submit a list of three persons as nominees for appointment by the Mayor to fill the vacancy. If more than one such vacancy exists at the same time, the Committee shall submit a separate list of nominees for appointment to fill each such vacancy, and no individual’s name shall appear on more than one such list. In filling such vacancy, the Mayor may appoint more than one individual from any list currently before the Mayor. In any case in which, after the expiration of the thirty-day period following the date on which a majority of the members of the Committee first meet as provided in subsection (a), a vacancy is scheduled to occur, by reason of the expiration of a term of office, the Committee’s list of nominees for appointment to fill that vacancy shall be submitted to the Mayor not less than thirty days prior to the expiration of that term.</content> </paragraph> <page identifier="/us/stat/88/458">88 <inline class="smallCaps">Stat</inline>. 458</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">If the Mayor fails to submit for Council approval the name of one of the individuals on a list submitted to the Mayor under this section within thirty days after receiving such list, the Committee shall appoint, with the approval of the Council, an individual named on the list to fill the vacancy for which such list of nominees was prepared.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Any individual whose name is submitted by the Committee as a nominee for appointment to the District of Columbia Board of Elections and Ethics may request that the nomination of such individual be withdrawn. If any such individual requests that his or her nomination be withdrawn, dies, or becomes disqualified to serve as a member of the Board, the Committee shall promptly nominate an individual to replace the individual originally nominated on the list submitted to the Mayor.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">(h) </num> <content class="inline">Members of the Committee shall be appointed as soon as practicable, but in no event later than June 30, 1975.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">district of columbia board of elections and ethics</heading> <section class="firstIndent1 fontsize10"> <num value="306"><inline class="smallCaps">Sec</inline>. 306. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">On and after the date of the enactment of this Act, <sidenote><p class="firstIndent1 fontsize8">Board of Elections of the District of Columbia, name change.</p><p class="firstIndent1 fontsize8">D.C. Code 1–1156.</p></sidenote> the Board of Elections of the District of Columbia established under the District of Columbia Election Act (D.C. Code, sec. 1–1101 et seq.), shall be known as the “District of Columbia Board of Elections and Ethics” and shall have the powers, duties, and functions as provided in such Act, in any other law in effect on the date immediately preceding the date of the enactment of this Act, and in this Act. Any reference in any law or regulation to the Board of Elections for the District of Columbia or the District of Columbia Board of Elections shall, on and after the date of the enactment of this Act, be held and considered to refer to the District of Columbia Board of Elections and Ethics.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Any person who violates any provision of this Act or of<sidenote><p class="firstIndent1 fontsize8">Violations. </p></sidenote> the District of Columbia Election Act may be assessed a civil penalty by the District of Columbia Board of Elections and Ethics under paragraph (2) of this subsection of not more than $50 for each such<sidenote><p class="firstIndent1 fontsize8">Penalty.</p></sidenote> violation. Each occurrence of a violation of this Act and each day of noncompliance with a disclosure requirement of this Act or an order of the Board shall constitute a separate offense.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">A civil penalty shall be assessed by the Board by order only<sidenote><p class="firstIndent1 fontsize8">Hearing.</p></sidenote> after the person charged with a violation has been given an opportunity for a hearing, and the Board has determined, by decision incorporating its findings of facts therein, that a violation did occur, and the amount of the penalty. Any hearing under this section shall be of record and shall be held in accordance with chapter 5 of title 5, United States Code.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s500">5 USC 500</ref>.</p></sidenote></content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">If the person against whom a civil penalty is assessed fails<sidenote><p class="firstIndent1 fontsize8">Enforcement, petition.</p></sidenote> to pay the penalty, the Board shall file a petition for enforcement of its order assessing the penalty in the Superior Court of the District of Columbia. The petition shall designate the person against whom the order is sought to be enforced as the respondent. A copy of the petition shall be forthwith sent by registered or certified mail to the respondent and his attorney of record, and if the respondent is a political committee, to the Chairman thereof, and thereupon the Board shall certify and file in such court the record upon which such order sought to be enforced was issued. The court shall have jurisdiction to<sidenote><p class="firstIndent1 fontsize8">Judicial review.</p></sidenote> enter a judgment enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part the order and the decision of the Board or it may remand the proceedings to the Board for such further action as it may direct. The court may determine de novo all issues of law but the Board’s findings of fact, if supported by substantial evidence, shall be conclusive.</content> </paragraph> </subsection> <page identifier="/us/stat/88/459">88 <inline class="smallCaps">Stat</inline>. 459</page> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Upon application made by any individual holding public office, <sidenote><p class="firstIndent1 fontsize8">Advisory opinion.</p></sidenote> any candidate, or any political committee, the Board, through its General Counsel, shall provide within a reasonable period of time an advisory opinion, with respect to any specific transaction or activity inquired of, as to whether such transaction or activity would constitute a violation of any provision of this Act or of any provision of the District of Columbia Election Act over which the Board has primary jurisdiction.</content> </subsection> </section> </section> <num value="IV">TITLE IV—</num> <heading class="inline">FINANCE LIMITATIONS</heading> <section> <heading class="smallCaps centered">general limitations</heading> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">No individual shall make any contribution which, and <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1161.</p></sidenote> no person shall receive any contribution from any individual which when aggregated with all other contributions received from that individual, relating to a campaign for nomination as a candidate for election to public office, including both the primary and general or special elections, exceeds—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">in the case of a contribution in support of a candidate for Mayor, $1,000;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">in the case of a contribution in support of a candidate for Chairman of the Council, $750 ;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">in the case of a contribution in support of a candidate for member of the Council elected at large, $500;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">in the case of a contribution in support of a candidate for member of the Board of Education elected at large or for member of the Council elected from a ward, $200, and in the case of a runoff election, an additional $200;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">in the case of a contribution in support of a candidate for member of the Board of Education elected from a ward or for official of a political party, $100, and in case of a runoff election, an additional $100; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">in the case of a contribution in support of a candidate for a member of an Advisory Neighborhood Council, $25.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">No person (other than an individual with respect to whom subsection (a) applies) shall make any contribution which, and no person shall receive any contribution from any person (other than such an individual) which when aggregated with all other contributions received from that person, relating to a campaign for nomination as a candidate or election to public office, including both the primary and general or special elections, exceeds—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">in the case of a contribution in support of a candidate for Mayor, $2,000;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">in the case of a contribution in support of a candidate for Chairman of the Council, $1,500;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">in the case of a contribution in support of a candidate for member of the Council elected at large, $1,000;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">in the case of a contribution in support of a candidate for member of the Board of Education elected at large or for member of the Council elected from a ward $400, and in the case of a runoff election, an additional $400;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">in the case of a contribution in support of a candidate for member of the Board of Education elected from a ward or for official of a political party, $200, and in the case of a runoff election, an additional $200; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">in the case of a contribution in support of a candidate for a member of an Advisory Neighborhood Council, $25.</content> </paragraph> <page identifier="/us/stat/88/460">88 <inline class="smallCaps">Stat</inline>. 460</page> <continuation class="inline">For the purposes of this subsection, the term “person” shall include<sidenote><p class="firstIndent1 fontsize8">“Person.”</p></sidenote> a candidate making contributions relating to his candidacy for nomination for election, or election, to office. Notwithstanding the preceding provisions of this subsection, a candidate for member of the Council elected from a ward may contribute $1,000 to his own campaign. The provisions of this subsection to the extent that such provisions are applicable to corporations and unions shall, to that extent, expire as of July 1, 1975, unless the Council of the District of Columbia on or before such date enacts legislation repealing or modifying such provisions or extending such provisions<sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote> as to corporations and unions on and after that date. In the event that the Council fails to so repeal, modify, or extend such provisions as to corporations and labor unions, the Council shall report its reasons therefor to the Committees on the District of Columbia of the Senate and the House of Representatives prior to August 1, 1975.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">No individual shall make any contribution in any one election<sidenote><p class="firstIndent1 fontsize8">Contribution limitation.</p></sidenote> which when aggregated with all other contributions made by that individual in that election exceeds $2,000.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Any expenditure made by any person advocating the election or defeat of any candidate for office which is not made at the request or suggestion of the candidate, any agent of the candidate, or any political committee authorized by the candidate to make expenditures or to receive contributions for the candidate is not considered a contribution to or an expenditure by or on behalf of the candidate for the purposes of the limitations specified in this Act.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">No person may make any unauthorized expenditure advocating<sidenote><p class="firstIndent1 fontsize8">Unauthorized, expenditure, prohibition.</p></sidenote> the election or defeat of a clearly identified candidate during a calendar year which, when added to all other unauthorized expenditures made by that person during the year advocating the election or defeat of that candidate, exceeds $1,000.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">For purposes of paragraph (2) —<sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote></chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <chapeau class="inline">“clearly identified” means—</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">(i) </num> <content class="inline">the candidate’s name appears,</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content class="inline">a photograph or drawing of the candidate appears, or</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content class="inline">the identity of the candidate is apparent by unambiguous reference,</content> </clause> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">“person” does not include the central committee of a political party, and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">“expenditure” does not include any payment made or incurred by a corporation or labor organization which, under the provisions of section 610 of title 18 of the United States Code would not constitute an expenditure by that corporation or labor organization.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Every Candidate shall file a statement with the Board, in such<sidenote><p class="firstIndent1 fontsize8">Statement, filing.</p></sidenote> manner and form and at such times as the Board may prescribe, authorizing any person or any political committee organized primarily to support the candidacy of such candidate to either directly or indirectly, receive contributions, or make expenditures in behalf of, such candidate. No person and no committee organized primarily to support a single candidate may, either directly or indirectly, receive contributions or make expenditures in behalf of, such candidate without the written authorization of such candidate as required by this paragraph.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">In no case shall any person receive or make any contribution<sidenote><p class="firstIndent1 fontsize8">Cash contribution, limitation.</p></sidenote> in legal tender in an amount of $50 or more.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <content class="inline">No person shall make a contribution in the name of another person, and no person shall knowingly accept a contribution made by one person in the name of another person.</content> </subsection> <page identifier="/us/stat/88/461">88 <inline class="smallCaps">Stat</inline>. 461</page> <subsection class="firstIndent1 fontsize10"> <num value="g">(g) </num> <content class="inline">For purposes of the limitations contained in this section all contributions made by any person directly or indirectly to or for the benefit of a particular candidate, including contributions which are in any way earmarked, encumbered, or otherwise directed through an intermediary or conduit to that candidate, shall be treated as contributions from that person to that candidate.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">(h) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">No candidate or member of the immediate family of a candidate may make a loan or advance from his personal funds for use in connection with a campaign of that candidate for nomination for election, or for election, to public office unless that loan or advance is evidenced by a written instrument fully disclosing the terms, conditions, and parts to the loan or advance. The amount of any such loan or advance shall be included in computing and applying the limitations contained in this section only to extent of the balance of the loan or advance which is unpaid at the time of determination.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">For purposes of this subsection, the term “immediate family” <sidenote><p class="firstIndent1 fontsize8">“Immediate family.”</p></sidenote> means the candidate’s spouse and any parent, brother, or sister, or child of the candidate, and the spouse of any such parent, brother, sister, or child.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">limitation of expenditures</heading> <section class="firstIndent1 fontsize10"> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">No principal campaign committee shall expand <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1162.</p></sidenote> any funds which when aggregated with funds expended by it, all other committees required to report to it, and by a candidate supported by such committee shall exceed (1) in the case of a candidate for Mayor, $200,000 in the aggregate for any primary and general election in connection therewith, but in no event in excess of $120,000 for one of such elections and $80,000 for the other of such elections; (2) in the case of a candidate for Chairman of the Council, $150,000 in the aggregate for any primary and general election in connection therewith, but in no event in excess of $90,000 for one of such elections and $60,000 for the other of such elections; (3) in the case of a candidate for member of the Council elected at large, $100,000 in the aggregate for any primary and general election in connection therewith, but in no event in excess of $60,000 for one of such elections and $40,000 for the other of such elections; (4) in the case of a candidate for member of the Board of Education elected at large or member of the Council elected from a ward, $20,000 in the aggregate for any primary and general election in connection therewith, but in no event in excess of $12,000 for one of such elections and $8,000 for the other of such elections; (5) in the case of a candidate for member of the Board of Education elected from a ward, or in support of any candidate for office of a political party, $10,000 in the aggregate for any primary and general election in connection therewith, but in no event in excess of $6,000 for one of such elections and $4,000 for the other of such elections; and (6) in the case of a candidate for member of an Advisory Neighborhood Council, $500.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">At the beginning of each calendar year (commencing in 1976), as there become available necessary data from the Bureau of Labor Statistics of the Department of Labor, the Secretary of Labor shall certify to the Board and the Board shall publish in the District of <sidenote><p class="firstIndent1 fontsize8">Publication in District of Columbia Register.</p></sidenote> Columbia Register the per centum difference between the price index for the twelve months preceding the beginning of such calendar year and the price index for 1974. Each amount determined under paragraph (1) shall be changed by such per centum difference. Each amount so changed shall be the amount in effect for such calendar year.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">No political committee or candidate shall knowingly expend any funds at a time when the principal campaign committee to which it shall report, or which has been designated by him, is precluded by sub-<page identifier="/us/stat/88/462">88 <inline class="smallCaps">Stat</inline>. 462</page>section (a) from expending funds or which would cause such principal committee to be precluded from further expenditures. Any principal campaign committee of a candidate having reasonable knowledge to believe that further expenditures by a political committee registered in support of such candidate, or by the candidate it supports, will exceed the expenditure limitations specified in subsection (a) shall immediately notify, in writing, such political committee or candidate of that fact.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Any expenditure made in connection with a campaign in a calendar year other than the calendar year in which the election is held to which that campaign relates is, for the purposes of this section, considered to be made during the calendar year in which that election is held.</content> </subsection> </section> </section> <num value="V">TITLE V—</num> <heading class="inline">LOBBYING</heading> <section> <heading class="smallCaps centered">definitions</heading> <section class="firstIndent1 fontsize10"> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num> <chapeau class="inline">When used in this title—<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1171.</p></sidenote></chapeau> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">The term “contribution” includes a gift, subscription, loan, advance, or deposit of money or anything of value and includes a contract, promise, or agreement, whether or not legally enforceable, to make a contribution.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The term “expenditure” includes a payment, distribution, loan, advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The term “legislation” means bills, resolutions, amendments, nominations, rules, and other matters pending or proposed in the Council of the District of Columbia, and includes any other matter which may be the subject of action by the Council of the District of Columbia.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">detailed accounts of contributions; retention of receipted bills of expenditures</heading> <section class="firstIndent1 fontsize10"> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">It shall be the duty of every person who shall in any<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1172.</p></sidenote> manner solicit or receive a contribution to any organization or fund for the purposes hereinafter designated to keep a detailed and exact account of—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">all contributions of any amount or of any value whatsoever;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the name and address of every person making any such contribution of $200 or more and the date thereof;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">all expenditures made by or on behalf of such organization or fund; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the name and address of every person to whom any such expenditure is made and the date thereof.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">It shall be the duty of such person to obtain and keep a receipted bill, stating the particulars, for every expenditure of such funds exceeding $10 in amount, and to preserve all receipted bills and accounts required to be kept by this section for a period of at least two years from the date of the filing of the statement containing such items.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">receipts for contributors</heading> <section class="firstIndent1 fontsize10"> <num value="503"><inline class="smallCaps">Sec</inline>. 503. </num> <content class="inline">Every individual who receives a contribution of $200 or<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1173.</p></sidenote> more for any of the purposes hereinafter designated shall within five days after receipt thereof render to the person or organization for which such contribution was received a detailed account thereof,<page identifier="/us/stat/88/463">88 <inline class="smallCaps">Stat</inline>. 463</page> including the name and address of the person making such contribution and the date on which received.</content> </section> </section> <section> <heading class="smallCaps centered">statements of accounts filed with director</heading> <section class="firstIndent1 fontsize10"> <num value="504"><inline class="smallCaps">Sec</inline>. 504. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Every person receiving any contributions or expending <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1174.</p></sidenote> any money for the purposes designated in subparagraph (a) or (b) of section 506 of this title shall file with the Director between the first and tenth day of each calendar quarter, a statement containing complete as of the day next preceding the date of filing—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the name and address of each person who has made a contribution of $200 or more not mentioned in the preceding report; except that the first report filed pursuant to this title shall contain the name and address of each person who has made any contribution of $200 or more to such person since January 2, 1975;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the total sum of the contributions made to or for such person during the calendar year and not stated under paragraph (1) of this subsection ;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the total sum of all contributions made to or for such person during the calendar year;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the name and address of each person to whom an expenditure in one or more items of the aggregate amount or value, within the calendar year, of $10 or more has been made by or on behalf of such person, and the amount, date, and purpose of such expenditure;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">the total sum of all expenditures made by or on behalf of such person during the calendar year and not stated under paragraph (4) of this subsection;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">the total sum of expenditures made by or on behalf of such person during the calendar year.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The statements required to be filed by subsection (a) of this <sidenote><p class="firstIndent1 fontsize8">Cumulative statements.</p></sidenote> section shall be cumulative during the calendar year to which they relate, but where there has been no change in an item reported in a previous statement only the amount need be carried forward.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">preservation of statements</heading> <section class="firstIndent1 fontsize10"> <num value="505"><inline class="smallCaps">Sec</inline>. 505. </num> <chapeau class="inline">A statement required by this title to be filed with the <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1175.</p></sidenote> Director—</chapeau> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">shall be deemed properly filed when deposited in an established <sidenote><p class="firstIndent1 fontsize8">Filing.</p></sidenote> post office within the prescribed time, duly stamped, registered, and directed to the Director, Washington, District of Columbia, but in the event it is not received, a duplicate of such statement shall be promptly filed upon notice by the Director of its nonreceipt;</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">shall be preserved by the Director for a period of two years. <sidenote><p class="firstIndent1 fontsize8">Public inspection.</p></sidenote> from the date of filing, shall constitute part of the public records of his office, and shall be open to public inspection.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">persons to whom title is applicable</heading> <section class="firstIndent1 fontsize10"> <num value="506"><inline class="smallCaps">Sec</inline>. 506. </num> <chapeau class="inline">The provisions of this title shall apply to any person <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1176.</p></sidenote> (except a political committee) who, by himself, or through any agent or employee or other persons in any manner whatsoever, directly or indirectly, solicits, collects, or receives money or any other thing of value to be used principally to aid, or the principal purpose of which person is to aid, in the accomplishment of any of the following purposes:</chapeau> <page identifier="/us/stat/88/464">88 <inline class="smallCaps">Stat</inline>. 464</page> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">The passage or defeat of any legislation by the Council of the District of Columbia.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">To influence, directly or indirectly, the passage or defeat of any legislation by the Council of the District of Columbia.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">registration of lobbyists with director; compilation of information</heading> <section class="firstIndent1 fontsize10"> <num value="507"><inline class="smallCaps">Sec</inline>. 507. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Any person who shall engage himself for pay or for<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1177.</p></sidenote> any consideration for the purpose of attempting to influence the passage or defeat of any legislation by the Council of the District of Columbia shall, before doing anything in furtherance of such object, register with the Director and shall give to him in writing and under oath, his name and business address, the name and address of the person by whom he is employed, and in whose interest he appears or works, the duration of such employment, how much he is paid and is to receive, by whom he is paid or is to be paid, how much he is to be paid for expenses, and what expenses are to be included. Each such<sidenote><p class="firstIndent1 fontsize8">Financial report.</p></sidenote> person so registering shall, between the first and tenth day of each calendar quarter, so long as his activity continues, file with the Director a detailed report under oath of all money received and expended by him during the preceding calendar quarter in carrying on his work; to whom paid; for what purposes; and the names of any papers, periodicals, magazines, or other publications in which he has caused to be published any articles or editorials; and the proposed legislation he is employed to support or oppose. The provisions of this section shall not apply to any person who merely appears before the Council of the District of Columbia, or a committee thereof, in support of or opposition to legislation; nor to any public official acting in his official capacity; nor in the case of any newspaper or other regularly published periodical (including any individual who owns, publishes, or is employed by any such newspaper or periodical) which in the ordinary course of business publishes news items, editorials, or other comments, or paid advertisements, which directly or indirectly urge the passage or defeat of legislation, if such newspaper, periodical, or individual, engages in no further or other activities in connection with the passage or defeat of such legislation, other than to appear before a committee of the Council of the District of Columbia in support of or in opposition to such legislation.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">All information required to be filed under the provisions of this section with the Director shall be compiled by the Director as soon as practicable after the close of the calendar quarter with respect to which such information is filed and shall be printed in the District<sidenote><p class="firstIndent1 fontsize8">Publication in District of Columbia Register.</p></sidenote> of Columbia Register.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">reports and statements under oath</heading> <section class="firstIndent1 fontsize10"> <num value="508"><inline class="smallCaps">Sec</inline>. 508. </num> <content class="inline">All reports and statements required under this title shall<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1178.</p></sidenote> be made under oath, before an officer authorized by law to administer oaths.</content> </section> </section> <section> <heading class="smallCaps centered">penalties and prohibitions</heading> <section class="firstIndent1 fontsize10"> <num value="509"><inline class="smallCaps">Sec</inline>. 509. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Any person who violates any of the provisions of this<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1179.</p></sidenote> title, shall be guilty of a misdemeanor, and shall be punished by a fine of not more than $5,000 or imprisonment for not more than twelve months, or both.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">In addition to the penalties provided for in subsection (a) of this section, any person convicted of the misdemeanor specified<page identifier="/us/stat/88/465">88 <inline class="smallCaps">Stat</inline>. 465</page> therein is prohibited, for a period of three years from the date of such conviction, from attempting to influence, directly or indirectly, the passage or defeat of any proposed legislation or from appearing before a committee of the Council of the District of Columbia in support of or opposition to proposed legislation; and any person who violates any provision of this subsection shall be guilty of a felony, and shall be punished by a fine of not more than $10,000, or imprisonment for not more than five years, or both.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">exemption</heading> <section class="firstIndent1 fontsize10"> <num value="510"><inline class="smallCaps">Sec</inline>. 510. </num> <chapeau class="inline">The provisions of this title shall not apply to—<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1180.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">any Member of the United States House of Representatives or any Senator;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">any member of a staff of any person specified in paragraph (1) while operating within the scope of his employment;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">any member of an Advisory Neighborhood Council;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">any person who receives less than $500 during the calendar year as compensation for performing services relating to the influencing of legislation; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">any entity specified in section 1(d) of title II of the District of Columbia Income and Franchise Tax Act of 1947 (D.C. Code, sec. 47–1554(d)), no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation.</content> </paragraph> </section> </section> <num value="VI">TITLE VI—</num> <heading class="inline">CONFLICT OF INTEREST AND DISCLOSURE</heading> <section> <heading class="smallCaps centered">conflict of interest</heading> <section class="firstIndent1 fontsize10"> <num value="601"><inline class="smallCaps">Sec</inline>. 601. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Congress declares that elective and public office D.C. Code 1–1181. is a public trust, and any effort to realize personal gain through official conduct is a violation of that trust.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">No public official shall use his official position or office to obtain financial gain for himself, any member of his household, or any business with which he or a member of his household is associated, other than that compensation provided by law for said public official.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">No person shall offer or give to a public official or a member of a public official’s household, and no public official shall solicit or receive anything of value, including a gift, favor, service, loan gratuity, discount, hospitality, political contribution, or promise of future employment, based on any understanding that such public official’s official actions or judgment or vote would be influenced thereby, or where it could reasonably be inferred that the thing of value would influence the public official in the discharge of his duties, or as a reward, or which would cause the total value of such things received from the same person not a member of such public official’s household to exceed $100 during any single calendar year.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">No person shall offer or pay to a public official, and no public official shall solicit or receive any money, in addition to that lawfully received by the public official in his official capacity, for advice or assistance given in the course of the public official’s employment or relating to his employment.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">No public official shall use or disclose confidential information <sidenote><p class="firstIndent1 fontsize8">Confidential information, use or disclosure, prohibition.</p></sidenote> given in the course of or by reason of his official position or activities in any way that could result in financial gain for himself or for any other person.</content> </subsection> <page identifier="/us/stat/88/466">88 <inline class="smallCaps">Stat</inline>. 466</page> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <content class="inline">No member or employee of the Council of the District of Columbia or Board of Education of the District of Columbia shall accept assignment to serve on a committee the jurisdiction of which consists of matters (other than of a de minimis nature) in which he or a member of his family or a business with which he is associated, has financial interest.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">(g) </num> <chapeau class="inline">Any public official who, in the discharge of his official duties,<sidenote><p class="firstIndent1 fontsize8">Conflict of interest, written statement.</p></sidenote> would be required to take an action or make a decision that would affect directly or indirectly his financial interests or those of a member of his household, or a business with which he is associated, or must take an official action on a matter as to which he has a conflict situation created by a personal, family, or client interest, shall—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">prepare a written statement describing the matter requiring action or decision, and the nature of his potential conflict of interest with respect to such action or decision;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">cause copies of such statement to be delivered to the District of Columbia Board of Elections and Ethics (referred to in this title as the “Board”), and to his immediate superior, if any;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">if he is a member of the Council of the District of Columbia or member of the Board of Education of the District of Columbia, or employee of either, deliver a copy of such statement to the Chairman thereof, who shall cause such statement to be printed in the record of proceedings, and, upon request of said member or employee, shall excuse the member from votes, deliberations, and other action on the matter on which a potential conflict exists;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">if he is not a member of the Council of the District of Columbia, his superior, if any, shall assign the matter to another employee who does not have a potential conflict of interest, or, if he has no immediate superior, he shall take such steps as the Board prescribes through rules and regulations to remove himself from influence over actions and decisions on the matter on which potential conflict exists; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">during a period when a charge of conflict of interest is under investigation by the Board, if he is not a member of the Council of the District of Columbia or a member of the Board of Education, his superior, if any, shall have the arbitrary power to assign the matter to another employee who does not have a potential conflict of interest, or if he has no immediate superior, he shall take such steps as the Board shall prescribe through rules and regulations to remove himself from influence over actions and decisions on the matter on which there is a conflict of interest.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">(h) </num> <content class="inline">Neither the Mayor nor any member of the Council of the District of Columbia may represent another person before any regulatory agency or court of the District of Columbia while serving in such office. The preceding sentence does not apply to an appearance by such an official before any such agency or court in his official capacity.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="i">(i) </num> <chapeau class="inline">As used in this section, the term—<sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">“public official” means the office of the Mayor of the District of Columbia, Chairman of the Council of the District of Columbia, or member of the Council of the District of Columbia, or Chairman or member of the Board of Education of the District of Columbia, or each officer or employee of the District of Columbia government who performs duties of the type generally performed by an individual occupying grade GS-15 of the General<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> Schedule or any higher grade or position (as determined by the Board regardless of the rate of compensation of such individual);</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">“business” means any corporation, partnership, sole pro-<page identifier="/us/stat/88/467">88 <inline class="smallCaps">Stat</inline>. 467</page>prietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock, trust, and any legal entity through which business is conducted for profit;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">“business with which he is associated” means any business of which the person or member of his household is a director, officer, owner, employee, or holder of stock worth $1,000 or more at fair market value, and any business which is a client of that person;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">“household” means the public official and his immediate family; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">“immediate family” means the public official’s spouse and any parent, brother, or sister, or child of the public official, and the spouse of any such parent, brother, sister, or child.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">disclosure of financial interest</heading> <section class="firstIndent1 fontsize10"> <num value="602"><inline class="smallCaps">Sec</inline>. 602. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Any candidate for nomination for election, or election, <sidenote><p class="firstIndent1 fontsize8">Annual report.</p><p class="firstIndent1 fontsize8">D.C. Code 1–1182.</p></sidenote> to public office who at the time he becomes a candidate, does not occupy any such office, shall file within one month after he becomes a candidate for such office, and the Mayor, and the Chairman and each member of the Council of the District of Columbia holding office under the District of Columbia Self-Government and Governmental Reorganization Act, and the Chairman and each member of the Board of <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–121 note.</p></sidenote> Education, shall file annually, with the Board a report containing a full and complete statement of—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the amount and source of each item of income, each item <sidenote><p class="firstIndent1 fontsize8">Contents.</p></sidenote> of reimbursement for any expenditure, and each gift or aggregate of gifts from one source (other than gifts received by him or by him and his spouse jointly during the preceding calendar year) which exceeds $100 in amount or value, including any fee or other honorarium received by him for or in connection with the preparation or delivery of any speech or address, attendance at any convention or other assembly of individuals, or the preparation of any article or other composition for publication, and the monetary value of subsistence, entertainment, travel, and other facilities received by him in kind;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the identity of each asset held by him, or by him and his spouse jointly which has a value in excess of $1,000, and the identity and amount of each liability owned by him, or by him and his spouse jointly, which is in excess of $1,000 as of the close of the preceding calendar year;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">any transactions in securities of any business entity by him, or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction during the preceding calendar year if the aggregate amount involved in transactions in the securities of such business entity exceeds $5,000 during such year;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">all transactions in commodities by him, or by him and his spouse jointly, or by any person acting on his behalf, or pursuant to his direction during the preceding calendar year if the aggregate amount involved in such transactions exceeds $5,000;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">any purchase or sale, other than the purchase or sale of his personal residence, of real property or any interest therein by him, or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction, during the preceding calendar year if the value of property involved in such purchase or sale exceeds $5,000; and</content> </paragraph> <page identifier="/us/stat/88/468">88 <inline class="smallCaps">Stat</inline>. 468</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">the amount of each tax paid by the individual, or by the individual and the individual’s spouse filing jointly, for the preceding calendar year, except in the case of candidates filing reports during calendar year 1974, who shall file reports for the preceding three calendar years.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">Any candidate for nomination for, or election to, office who at<sidenote><p class="firstIndent1 fontsize8">Personal financial interests, annual report, filing.</p></sidenote> the time he becomes a candidate, does not occupy any such office, shall file within one month after he becomes a candidate for such office, and the Mayor, and the Chairman and each member of the Council of the District of Columbia holding office under the District of Columbia Self-Government and Governmental Reorganization Act, and the<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–121 note.</p></sidenote> Chairman and each member of the Board of Education, and each officer and employee of the District of Columbia government who performs duties of the type generally performed by an individual occupying grade GS–15 of the General Schedule under section 5332 of title 5, United States Code, or any higher grade or position (as determined<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> by the Board regardless of the rate of compensation of such individual), shall file with the Board in a sealed envelope marked “Confidential Personal Financial Disclosure of (name)”, before the fifteenth day of May in each year, the following reports of his personal financial interests:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">a copy of the returns of taxes, declarations, statements, or other documents which he, or he and his spouse jointly, made for he preceding year in compliance with the income tax provisions of the Internal Revenue Code of 1954;<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s1">26 USC 1 et seq.</ref></p></sidenote></content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the name and address of each business or professional corporation, firm, or enterprise in which he was an officer, director, partner, proprietor, or employee who received compensation during the preceding year and the amount of such compensation;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the identity of each trust or other fiduciary relation in which he held a beneficial interest having a value of $10,000 or more, and the identity, if known, of each interest of the other fiduciary relation in real or personal property in which the candidate, officer, or employee held a beneficial interest having a value of $10,000 or more, at any time during the preceding year. If he cannot obtain the identity of the fiduciary interests, the candidate, officer, or employee shall request the fiduciary to report that information to the Board in the same manner that reports are filed under this rule.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Except as otherwise provided by this section, all papers filed under this section shall be kept by the Board in the custody of the Director for not less than seven years, and while so kept shall remain sealed. Upon receipt of a request by any member of the Board<sidenote><p class="firstIndent1 fontsize8">Reports, audit.</p></sidenote> adopted by a recorded majority vote of the full Board requesting the examination and audit of any of the reports filed by any individual under section (b) of this title, the Director shall transmit to the Board the envelopes containing such reports. Within a reasonable time after such recorded vote has been taken, the individual concerned shall be informed of the vote to examine and audit, and shall be advised of the nature and scope of such examination. When any sealed envelope containing any such report is received by the Director, such envelope may be opened and the contents thereof may be examined only by members of the Board in executive session. If, upon such examination, the Board determines that further consideration by the Board is warranted and within the jurisdiction of the Board, it may make the contents of any such envelope available for any use by any member of the Board, or the Director or General Counsel of the Board which is required for the discharge of his official duties. The Board may receive the papers<sidenote><p class="firstIndent1 fontsize8">Hearing opportunity.</p></sidenote> as evidence, after giving to the individual concerned due notice and<page identifier="/us/stat/88/469">88 <inline class="smallCaps">Stat</inline>. 469</page> opportunity for hearing in a closed session. The Board shall publicly disclose not later than the first day of June each year the names of the candidates, officers, and employees who have filed a report. Any paper which has been filed with the Board for longer than seven years, in accordance with the provisions of this section, shall be returned to the individual concerned or his legal representative. In the event of the death or termination of the service of the Mayor or Chairman or member of the Council of the District of Columbia or Chairman or member of the Board of Education, or officer or employee of the District of Columbia, such papers shall be returned unopened to such individual, or to the surviving spouse or legal representative of such individual within one year of such date or termination of service.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Reports required by this section (other than reports so required <sidenote><p class="firstIndent1 fontsize8">Filing deadline.</p></sidenote> by candidates) shall be filed not later than sixty days following the enactment of this Act, and not later than May 15 of each succeeding year. In the case of any person who ceases, prior to such date in any year, to occupy the office or position the occupancy of which imposes upon him the reporting requirements contained in subsection (a) shall file such report on the last day he occupies such office or position, or on such later date, not more than three months after such last day, as the Board may prescribe.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">Reports required by this section shall be in such form and detail<sidenote><p class="firstIndent1 fontsize8">Form.</p></sidenote> as the Board may prescribe. The Board may provide for the grouping of items of income, sources of income, asset, liabilities, dealings in securities or commodities, and purchases and sales of real property, when separate itemization is not feasible or is not necessary for an accurate disclosure of the income, net worth, dealing in securities and commodities or purchases, and sales of rental property of any individual.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <content class="inline">All public reports filed under this section shall be maintained <sidenote><p class="firstIndent1 fontsize8">Public reports, availability for inspection.</p></sidenote> by the Board as public records which, under such reasonable regulations as it shall prescribe, shall be available for inspection by members of the public.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">(g) </num> <content class="inline">For the purposes of any report required by this section, any individual shall be considered to have been Mayor, Chairman, or member of the Council of the District of Columbia, or Chairman or member of the Board of Education, or officer or employee of the District of Columbia during any calendar year if such individual served in any such position for more than six months during such calendar year.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">(h) </num> <chapeau class="inline">For purposes of this section, the term—<sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">“income” means gross income as defined in section 61 of the Internal Revenue Code of 1954; <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s61">26 USC 61</ref>.</p></sidenote></content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">“security” means security as defined in section 2 of the Securities Act of 1933, as amended (15 U.S.C. 77b);</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">“commodity” means commodity as defined in section 2 of the Commodities Exchange Act, as amended (7 U.S.C. 2 );</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">“transactions in securities or commodities” means any acquisition, holding, withholding, use, transfer, or other disposition involving any security or commodity;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">“immediate family” means the child, parent, grandparent, brother, or sister of an individual, and the spouse of such person; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">“tax” means the taxes imposed under chapter 1 of the Internal Revenue Code of 1954, under the District of Columbia <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s1">26 USC 1</ref>.</p></sidenote> Revenue Act of 1947, and under the District of Columbia Public Works Act of 1954 and any other provision of law relating to the <sidenote><p class="firstIndent1 fontsize8">D.C. Code 47–1551 note.</p><p class="firstIndent1 fontsize8">D.C. Code 43–1601 note.</p></sidenote> taxation of property within the District of Columbia.</content> </paragraph> </subsection> </section> </section> 88 Stat. 470 <num value="VII">TITLE VII—</num> <heading class="inline">PENALTIES AND ENFORCEMENT TAX CREDITS, USE OF SURPLUS CAMPAIGN FUNDS, VOTERS’ INFORMATION PAMPHLETS, STUDY OF 1974 ELECTION AND REPORT BY COUNCIL, EFFECTIVE DATES, AMENDMENTS TO DISTRICT OF COLUMBIA ELECTION ACT, AND AUTHORIZATION</heading> <section> <heading class="smallCaps centered">penalties and enforcement</heading> <section class="firstIndent1 fontsize10"> <num value="701"><inline class="smallCaps">Sec</inline>. 701. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Except as provided in subsection (b) , any person or<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1191.</p></sidenote> political committee who violates any of the provisions of this Act shall be fined not more than $5,000, or shall be imprisoned for not longer than six months, or both.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Any person who knowingly files any false or misleading statement, <sidenote><p class="firstIndent1 fontsize8">False statements.</p></sidenote> report, voucher, or other paper, or makes any false or misleading statement to the Board, shall be fined not more than $10,000, or shall be imprisoned for not longer than five years, or both.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The penalties provided in this section shall not apply to any person or political committee who, before the date of enactment of this Act during calendar year 1974, makes political contributions or receives political contributions or makes any political campaign expenditures, in excess of any limitation placed on such contributions or expenditures by this Act, except such person or political committee shall not make any further such contributions or expenditures during the remainder of calendar year 1974.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Prosecutions of violations of this Act shall be brought by the<sidenote><p class="firstIndent1 fontsize8">Prosecution.</p></sidenote> United States Attorney for the District of Columbia in the name of the United States.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">tax credit for campaign contributions</heading> <section class="firstIndent1 fontsize10"> <num value="702"><inline class="smallCaps">Sec</inline>. 702. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Title VI of article I of the District of Columbia Income and Franchise Tax Act of 1947 (D.C. Code, secs. 47–1567—47–1567e) is amended by adding at the end of that title the following: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="7">“<inline class="smallCaps">Sec</inline>. 7. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Credit for Campaign Contributions.—For the purpose<sidenote><p class="firstIndent1 fontsize8">D.C. Code 47–1567f.</p></sidenote> of encouraging residents of the District to participate in the election process in the District, there shall be allowed to an individual a credit against the tax (if any) imposed by this article in an amount equal to 50 per centum of any campaign contribution made to any candidate for election to any office referred to in the first section of the District of Columbia Election Act, but in no event shall such credit exceed the<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1101.</p></sidenote> amount of $12.50, or $25 in the case of married persons filing a joint return.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">A husband and wife filing separate returns for a taxable year for which a joint return could have been made by them may claim between them only the total credit (or refund) to which they would have been enticed under this section had a joint return been filed.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">No individual for whom a personal exemption was allowed on another individual’s return shall be entitled to a credit (or refund) under this section.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The table of contents of such article is amended by adding at the end of the part of such table relating to title VI the following: <quotedContent> <toc> <referenceItem role="section"><designator>“Sec. 7. </designator><label>Credit for campaign contributions.”.</label> </referenceItem> </toc> </quotedContent> </content> </subsection> </section> </section> <section> <heading class="smallCaps centered">use of surplus campaign funds</heading> <section class="firstIndent1 fontsize10"> <num value="703"><inline class="smallCaps">Sec</inline>. 703. </num> <chapeau class="inline">Within the limitations specified in this Act, any surplus,<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1192.</p></sidenote> residual, or unexpended campaign funds received by or on behalf of an individual who seeks nomination for election, or election to office shall be contributed to a political party for political purposes, used to<page identifier="/us/stat/88/471">88 <inline class="smallCaps">Stat</inline>. 471</page> retire the proper debts of his political committee which received such funds, or returned to the donors as follows:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">in the case of an individual defeated in an election, within six months following such election;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">in the case of an individual elected to office, within six months following such election; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">in the case of an individual ceasing to be a candidate, within six months thereafter.</content> </paragraph> </section> </section> <section> <heading class="smallCaps centered">a study of 1974 election and report by council</heading> <section class="firstIndent1 fontsize10"> <num value="704"><inline class="smallCaps">Sec</inline>. 704. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Council of the District of Columbia shall, during <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1121 note.</p></sidenote> calendar year 1975, conduct public hearings and other appropriate investigations on (1) the operation and effect of the District of Columbia Campaign Finance Reform Act and the District of Columbia <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 446.</p><p class="firstIndent1 fontsize8">D.C. Code 1–1101 note.</p></sidenote> Election Act on the elections held in the District of Columbia during 1974; and (2) the necessity and desirability of modifying either or both of those Acts so as to improve electoral machinery and to insure open fair, and effective election campaigns in the District of Columbia.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Upon the conclusion of its hearings and investigations the Council shall issue a public report on its findings and recommendations. Nothing in this section shall be construed as limiting the legislative authority over elections in the District of Columbia vested in the Council by the District of Columbia Self-Government and Governmental Reorganization Act. <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–121 note.</p></sidenote></content> </subsection> </section> </section> <section> <heading class="smallCaps centered">effective dates</heading> <section class="firstIndent1 fontsize10"> <num value="705"><inline class="smallCaps">Sec</inline>. 705. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Titles II and IV of this Act shall take effect on the <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1121 note.</p></sidenote> date of enactment of this Act, except the first report or statement required to be filed by any individual or political committee under the provisions of such titles shall include that information required under section 13(e) of the District of Columbia Election Act (D.C. Code, sec. 1–1113 (e)) with respect to contributions and expenditures made <sidenote><p class="firstIndent1 fontsize8"><i>Infra</i>.</p></sidenote> before the date of enactment of this Act, but after January 1, 1974.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Titles I, III, VI and VII of this Act shall take effect on the date of enactment of this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Title V of this Act shall take effect January 2, 1975.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">amendments to district of columbia election act</heading> <section class="firstIndent1 fontsize10"> <num value="706"><inline class="smallCaps">Sec</inline>. 706. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 13 of the District of Columbia Election Act (D.C. Code, sec. 1–1113) is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“authorization</heading> <section class="firstIndent1 fontsize10"> <num value="13">“<inline class="smallCaps">Sec</inline>. 13. </num> <content class="inline">There are hereby authorized to be appropriated, out of any money in the Treasury to the credit of the District of Columbia not otherwise appropriated, such sums as are necessary to carry out the purposes of this Act.”.</content> </section> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The first sentence of subsection (b) of section 4 of such Act <sidenote><p class="firstIndent1 fontsize8">Compensation.</p></sidenote> (D.C. Code, sec. 1–1104) is amended to read as follows: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">Each member of the Board shall be paid compensation at the rate of $100 for each eight hour period with a limit of $12,500 per annum, while performing duties under this Act, except during 1974 such compensation shall be paid without regard to such annual limitation.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The amendment made by subsection (a) shall not affect the <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1113 note.</p></sidenote> liability of any person arising out of any violation of section 13 of the <page identifier="/us/stat/88/472">88 <inline class="smallCaps">Stat</inline>. 472</page> District of Columbia Election Act committed before the date of enactment <sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote> of this title, and any action commenced with respect to such a violation shall not abate.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">authority of council</heading> <section class="firstIndent1 fontsize10"> <num value="707"><inline class="smallCaps">Sec</inline>. 707. </num> <content class="inline">Notwithstanding any other provision of law, or any rule<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1193.</p></sidenote> of law, nothing in this Act shall be construed as limiting the authority of the District of Columbia Council to enact any act or resolution, after January 2, 1975, pursuant to the District of Columbia Self-Government and Governmental Reorganization Act with respect to any<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–121 note.</p></sidenote> matter covered by this Act.</content> </section> </section> <section> <heading class="smallCaps centered">authorization of appropriation</heading> <section class="firstIndent1 fontsize10"> <num value="708"><inline class="smallCaps">Sec</inline>. 708. </num> <content class="inline">Amounts authorized under section 722 of the District of<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1121 note.</p><p class="firstIndent1 fontsize8">D.C. Code 1–1113 note, 47–2501 note.</p></sidenote> Columbia Self-Government and Governmental Reorganization Act may be used to carry out the purposes of this Act.</content> </section> </section> Approved August 14, 1974.
Public Law 93–377: To amend the Atomic Energy Act of 1954, as amended, and the Atomic Weapons Rewards Act of 1955, and for other purposes. Public Law 377 88 Stat. 472 1974-08-17 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–377
An Act To amend the Atomic Energy Act of 1954, as amended, and the Atomic Weapons Rewards Act of 1955, and for other purposes.

August 17, 1974

[S. 3669]

 Be it enacted by the Senate and Home of Representatives of the United States of America in Congress assembled,
That the Atomic

Atomic Energy Act of 1954, Atomic Weapons Rewards Act of 1955, amendments.

50 USC 47a note.

 Weapons Rewards Act of 1955 is amended as follows: (a) The initial section of the Act is amended by striking out the words “Atomic Weapons Rewards Act of 1955” and by substituting in lieu thereof “Atomic Weapons and Special Nuclear Materials Rewards

50 USC 47a note.

 Act.” (b) Sections 2, 3, and 5 of the Act are amended to read as follows:

50 USC 47a, 47b, 47d.
“Sec. 2. Any person who furnishes original information to the United States— “(a) leading to the finding or other acquisition by the United States of special nuclear material or an atomic weapon which has been introduced into the United States or manufactured or acquired therein contrary to the laws of the United States, or “(b) with respect to the introduction or attempted introduction into the United States or the manufacture or acquisition or attempted manufacture or acquisition of, or a conspiracy to introduce into the United States or to manufacture or acquire, special nuclear material or an atomic weapon contrary to the laws of the United States, or “(c)

with respect to the export or attempted export, or a conspiracy to export, special nuclear material or an atomic weapon

88 Stat. 473

from the United States contrary to the laws of the United States, shall be rewarded by the payment of an amount not to exceed $500,000.
“Sec. 3. The Attorney General shall determine whether a person

Reward.

 furnishing information to the United States is entitled to a reward and the amount to be paid pursuant to section 2. Before making a reward under this section the Attorney General shall advise and consult with the Atomic Energy Commission. A reward of $50,000 or

Presidential approval.

 more may not be made without the approval of the President.”.
“Sec. 5. (a) The Attorney General is authorized to hold such hearings

Hearings, rules and regulations.

 and make, promulgate, issue, rescind, and amend such rules and regulations as may be necessary to carry out the purposes of this Act. “(b) A determination made by the Attorney General under section 3 of this Act shall be final and conclusive and no court shall have power or jurisdiction to review it.”.

50 USC 47e.
(c) Section 6 of the Act is amended by deleting the words “Awards Board” and by substituting in lieu thereof the words “Attorney General”.

42 USC 2074.
Sec. 2. Section 54 of the Atomic Energy Act of 1954, as amended, is amended to read as follows:
“Sec. 54. Foreign Distribution of Special Nuclear Material.— a. The Commission is authorized to cooperate with any nation or group of nations by distributing special nuclear material and to distribute such special nuclear material, pursuant to the terms of an agreement for cooperation to which such nation or group of nations is a party and which is made in accordance with section 123. Unless hereafter otherwise

42 USC 2153.

 authorized by law the Commission shall be compensated for special nuclear material so distributed at not less than the Commission’s published charges applicable to the domestic distribution of such material, except that the Commission to assist and encourage research on peaceful uses or for medical therapy may so distribute without charge during any calendar year only a quantity of such material which at the time of transfer does not exceed in value $10,000 in the case of one nation or $50,000 in the case of any group of nations. The Commission may distribute to the International Atomic Energy Agency, or to any group of nations, only such amounts of special nuclear materials and for such period of time as are authorized by Congress: Provided, however, That, (i) notwithstanding this provision, the Commission is hereby authorized, subject to the provisions of section 123, to distribute to the Agency five thousand kilograms of

42 USC 2153.

 contained uranium-235, five hundred grams of uranium-233, and three kilograms of plutonium, together with the amounts of special nuclear material which will match in amount the sum of all quantities of special nuclear materials made available by all other members of the Agency to June 1, 1960; and (ii) notwithstanding the foregoing provisions of this subsection, the Commission may distribute to the International Atomic Energy Agency, or to any group of nations, such other amounts of special nuclear materials and for such other periods of time as are established in writing by the Commission: Provided, 88 Stat. 474 however, That before they are established by the Commission pursuant

Nuclear materials, proposed amounts and periods, submittal to Congress.

 to this subdivision (ii) , such proposed amounts and periods shall be submitted to the Congress and referred to the Joint Committee and a period of sixty days shall elapse while Congress is in session (in computing such sixty days, there shall be excluded the days on which either House is not in session because of an adjournment of more than three days): And provided further, That any such proposed amounts and periods shall not become effective if during such sixty-day period the Congress passes a concurrent resolution stating in substance that it does not favor the proposed action: And provided further, That

Report to Congress.

 prior to the elapse of the first thirty days of any such sixty-day period the Joint Committee shall submit a report to the Congress of its views and recommendations respecting the proposed amounts and periods and an accompanying proposed concurrent resolution stating in substance that the Congress favors, or does not favor, as the case may be, the proposed amounts or periods. The Commission may agree to

Special materials, repurchase.

 repurchase any special nuclear material distributed under a sale arrangement pursuant to this subsection which is not consumed in the course of the activities conducted in accordance with the agreement for cooperation, or any uranium remaining after irradiation of such special nuclear material, at a repurchase price not to exceed the Commission’s sale price for comparable special nuclear material or uranium in effect at the time of delivery of such material to the Commission. The Commission may also agree to purchase, consistent with and within the period of the agreement for cooperation, special nuclear material produced in a nuclear reactor located outside the United States through the use of special nuclear material which was leased or sold pursuant to this subsection. Under any such agreement the Commission shall purchase only such material as is delivered to the Commission during any period when there is in effect a guaranteed purchase price for the same material produced in a nuclear reactor by a person licensed under section 104, established by the Commission

42 USC 2134.

 pursuant to section 56, and the price to be paid shall be the price so established by the Commission and in effect for the same material

42 USC 2076.

 delivered to the Commission. “b. Notwithstanding the provisions of sections 123, 124, and 125,

Infra.

 the Commission is authorized to distribute to any person outside the United States (1) plutonium containing 80 per centum or more by weight of plutonium-238, and (2) other special nuclear material when it has, in accordance with subsection 57 d., exempted certain classes

Infra.

 or quantities of such other special nuclear material or kinds of uses or users thereof from the requirements for a license set forth in this chapter. Unless hereafter otherwise authorized by law, the Commission shall be compensated for special nuclear material so distributed at not less than the Commission’s published charges applicable to the domestic distribution of such material. The Commission shall not distribute any plutonium containing 80 per centum or more by weight of plutonium-238 to any person under this subsection if, in its opinion, such distribution would be inimical to the common defense and security. The Commission may require such reports regarding the use of88 Stat. 475 material distributed pursuant to the provisions of this subsection as it deems necessary. “c. The Commission is authorized to license or otherwise permit others to distribute special nuclear material to any person outside the United States under the same conditions, except as to charges, as would be applicable if the material were distributed by the Commission.”.
Sec. 3. Section 57 of the Atomic Energy Act of 1954, as amended,

Nuclear materials, classes, license exemptions.

42 USC 2077.

 is amended by adding at the end thereof the following new subsection: “d. The Commission is authorized to establish classes of special nuclear material and to exempt certain classes or quantities of special nuclear material or kinds of uses or users from the requirements for a license set forth in this section when it makes a finding that the exemption of such classes or quantities of special nuclear material or such kinds of uses or users would not be inimical to the common defense and security and would not constitute an unreasonable risk to the health and safety of the public”.
Sec. 4. Section 81 of the Atomic Energy Act of 1954, as amended, is

42 USC 2111.

 amended by deleting the word “licensees” and inserting in lieu thereof the words “qualified applicants” in the third sentence of such section and by deleting the fifth sentence of such section.
Sec. 5. Sections 123, 124, and 125 of the Atomic Energy Act of 1954,

42 USC 2153 and note, 2154.

 as amended, are amended by substituting the term “54 a.” for the term “54.”.
Sec. 6. Subsection 153 h. of the Atomic Energy Act of 1954, as

42 USC 2183.

 amended, is amended by striking the figure “1974” and substituting therefor the figure “1979”.
Sec. 7. Subsection 161 i. of the Atomic Energy Act of 1954, as

Regulations.

42 USC 2201.

 amended, is amended to read as follows: “i. prescribe such regulations or orders as it may deem necessary (1) to protect Restricted Data received by any person in connection with any activity authorized pursuant to this Act, (2) to guard against the loss or diversion of any special nuclear material acquired by any person pursuant to section 53 or produced by any

42 USC 2073.

 person in connection with any activity authorized pursuant to this Act, to prevent any use or disposition thereof which the Commission may determine to be inimical to the common defense and security, including regulations or orders designating activities, involving quantities of special nuclear material which in the opinion of the Commission are important to the common defense and security, that may be conducted only by persons whose character, associations, and loyalty shall have been investigated under standards and specifications established by the Commission and as to whom the Commission shall have determined that permitting each such person to conduct the activity will not be inimical to the common defense and security, and (3) to govern any activity authorized pursuant to this Act, including standards and restrictions governing the design, location, and operation of facilities used in the conduct of such activity, in order to protect health and to minimize danger to life or property;”.
Approved August 17, 1974.
Public Law 93–378: To provide for the Forest Service, Department of Agriculture, to protect, develop, and enhance the productivity and other values of certain of the Nation’s lands and resources, and for other purposes. Public Law 378 88 Stat. 476 1974-08-17 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 476 Public Law 93–378
An Act To provide for the Forest Service, Department of Agriculture, to protect, develop, and enhance the productivity and other values of certain of the Nation’s lands and resources, and for other purposes.

August 17, 1974

[S. 2296]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Forest and Rangeland Renewable Resources Planning Act of 1974.

16 USC 1601 note.

16 USC 1601.

 be cited as the “Forest and Rangeland Renewable Resources Planning Act of 1974”.
SEC. 2. Renewable Resource Assessment.— (a) In recognition of the vital importance of America’s renewable resources of the forest, range, and other associated lands to the Nation’s social and economic well-being, and of the necessity for a long term perspective in planning and undertaking related national renewable resource programs administered by the Forest Service, the Secretary of Agriculture shall prepare a Renewable Resource Assessment (hereinafter called the “Assessment”). The Assessment shall be prepared not later than

Contents.

 December 31, 1975, and shall be updated during 1979 and each tenth year thereafter, and shall include but not be limited to— (1) an analysis of present and anticipated uses, demand for, and supply of the renewable resources, with consideration of the international resource situation, and an emphasis of pertinent supply and demand and price relationship trends; (2) an inventory, based on information developed by the Forest Service and other Federal agencies, of present and potential renewable resources, and an evaluation of opportunities for improving their yield of tangible and intangible goods and services, together with estimates of investment costs and direct and indirect returns to the Federal Government; (3) a description of Forest Service programs and responsibilities in research, cooperative programs and management of the National Forest System, their interrelationships, and the relationship of these programs and responsibilities to public and private activities; and (4) a discussion of important policy considerations, laws, regulations, and other factors expected to influence and affect significantly the use, ownership, and management of forest, range, and other associated lands. (b) To assure the availability of adequate data and scientific information

Survey and analysis.

 needed for development of the Assessment, section 9 of the McSweeney-McNary Act of May 22, 1928 (45 Stat. 702, as amended, 16 U.S.C. 581h), is hereby amended to read as follows:

“The Secretary of Agriculture is hereby authorized and directed to make and keep current a comprehensive survey and analysis of the present and prospective conditions of and requirements for the renewable resources of the forest and range lands of the United States, its territories and possessions, and of the supplies of such renewable resources, including a determination of the present and potential productivity of the land, and of such other facts as may be necessary and useful in the determination of ways and means needed to balance the demand for and supply of these renewable resources, benefits and uses in meeting the needs of the people of the United States. The Secretary

Cooperation with State and U.S. territorial officials.

shall carry out the survey and analysis under such plans as he may determine to be fair and equitable, and cooperate with appropriate officials of each State, territory, or possession of the United States, and88 Stat. 477 either through them or directly with private or other agencies. There

Appropriation.

 is authorized to be appropriated not to exceed $20,000,000 in any fiscal year to carry out the purposes of this section.”
Sec. 3. Renewable Resource Program.— In order to provide for periodic review of programs for management and administration of the National Forest System, for research, for cooperative State and

16 USC 1602.

 private Forest Service programs, and for conduct of other Forest Service activities in relation to the findings of the Assessment, the Secretary of Agriculture, utilizing information available to the Forest Service and other agencies within the Department of Agriculture, including data prepared pursuant to section 302 of the Rural Development Act of 1972, shall prepare and transmit to the President a recommended

7 USC 1010a.

 Renewable Resource Program (hereinafter called the “Program”). The Program transmitted to the President may include alternatives, and shall provide in appropriate detail for protection, management, and development of the National Forest System, including forest development roads and trails; for cooperative Forest Service programs; and for research. The Program shall be developed in accordance with principles set forth in the Multiple-Use Sustained-Yield Act of June 12, 1960 (74 Stat. 215; 16 U.S.C. 528–531), and the National Environmental Policy Act of 1969 (83 Stat. 852; 42 U.S.C. 4321–4347). The Program shall be prepared not later than December 31, 1975, to cover the four-year period beginning October 1, 1976, and at least each of the four fiscal decades next following such period, and shall be updated no later than during the first half of the fiscal year ending September 30, 1980, and the first half of each fifth fiscal year thereafter to cover at least each of the four fiscal decades beginning next after such updating. The Program shall include, but not be

contents.

 limited to— (1) an inventory of specific needs and opportunities for both public and private program investments. The inventory shall differentiate between activities which are of a capital nature and those which are of an operational nature; (2) specific identification of Program outputs, results anticipated, and benefits associated with investments in such a manner that the anticipated costs can be directly compared with the total related benefits and direct and indirect returns to the Federal Government; (3) a discussion of priorities for accomplishment of inventoried Program opportunities, with specified costs, outputs, results, and benefits; and (4) a detailed study of personnel requirements as needed to satisfy existing and ongoing programs.
Sec. 4. National Forest System Resource Inventories.— As a part

16 USC 1603.

 of the Assessment, the Secretary of Agriculture shall develop and maintain on a continuing basis a comprehensive and appropriately detailed inventory of all National Forest System lands and renewable resources. This inventory shall be kept current so as to reflect changes in conditions and identify new and emerging resources and values.
Sec. 5. National Forest System Resource Planning.— (a) As a

16 USC 1604.

 part of the Program provided for by section 3 of this Act, the Secretary of Agriculture shall develop, maintain, and, as appropriate, revise land and resource management plans for units of the National Forest System, coordinated with the land and resource management planning processes of State and local governments and other Federal agencies. (b) In the development and maintenance of land management plans for use on units of the National Forest System, the Secretary shall use a systematic interdisciplinary approach to achieve integrated consideration of physical, biological, economic, and other sciences.
88 Stat. 478
Sec. 6. Cooperation in Resource Planning.— The Secretary of

16 USC 1605.

 Agriculture may utilize the Assessment, resource surveys, and Program prepared pursuant to this Act to assist States and other organizations in proposing the planning for the protection, use, and management of renewable resources on non-Federal land.
Sec. 7. National Participation.— (a) On the date Congress first

Assessment, Program, and Statement of Policy, transmittal to Speaker of the House and President of the Senate.

16 USC 1606.

 convenes in 1976 and thereafter following each updating of the Assessment and the Program, the President shall transmit to the Speaker of the House of Representatives and the President of the Senate, when Congress convenes, the Assessment as set forth in section 2 of this Act and the Program as set forth in section 3 of this Act, together with a detailed Statement of Policy intended to be used in framing budget requests by that Administration for Forest Service activities for the five- or ten-year program period beginning during the term of such Congress for such further action deemed appropriate by the Congress. Following the transmission of such Assessment, Program, and Statement of Policy, the President shall, subject to other actions of the Congress, carry out programs already established by law in accordance with such Statement of Policy or any subsequent amendment or modification thereof approved by the Congress, unless, before the end of the first period of sixty calendar days of continuous session of Congress after the date on which the President of the Senate and the Speaker of the House are recipients of the transmission of such Assessment, Program, and Statement of Policy, either House adopts a resolution reported by the appropriate committee of jurisdiction disapproving the Statement of Policy. For the purpose of this subsection, the continuity

Congressional session, continuity.

 of a session shall be deemed to be broken only by an adjournment sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain shall be excluded in the computation of the sixty-day period. Notwithstanding any other provision of this Act, Congress may revise or modify the Statement of Policy transmitted by the President, and the revised or modified Statement of Policy shall be used in framing budget requests. (b) Commencing with the fiscal budget for the year ending September 30, 1977, requests presented by the President to the Congress governing Forest Service activities shall express in qualitative and quantitative terms the extent to which the programs and policies projected under the budget meet the policies approved by the Congress in accordance with subsection (a) of this section. In any case in which such budget so presented recommends a course which fails to meet the policies so established, the President shall specifically set forth the reason or reasons for requesting the Congress to approve the lesser programs or policies presented. Amounts appropriated to carry out the policies approved in accordance with subsection (a) of this section shall be expended in accordance with the Congressional Budget and Impoundment Control Act of 1974, Public Law 93–344.

Ante, p. 297.

 (c) For the purpose of providing information that will aid Congress in its oversight responsibilities and improve the accountability

Annual report to Congress.

 of agency expenditures and activities, the Secretary of Agriculture shall prepare an annual report which evaluates the component elements of the Program required to be prepared by section 3 of this Act which shall be furnished to the Congress at the time of submission of the annual fiscal budget commencing with the third fiscal year after the enactment of this Act. 88 Stat. 479 (d) These annual evaluation reports shall set forth progress in implementing the Program required to be prepared by section 3 of this Act, together with accomplishments of the Program as they relate to the objectives of the Assessment. Objectives should be set forth in qualitative and quantitative terms and accomplishments should be reported accordingly. The report shall contain appropriate measurements of pertinent costs and benefits. The evaluation shall assess the balance between economic factors and environmental quality factors. Program benefits shall include, but not be limited to, environmental quality factors such as esthetics, public access, wildlife habitat, recreational and wilderness use, and economic factors such as the excess of cost savings over the value of foregone benefits and the rate of return on renewable resources. (e) The reports shall indicate plans for implementing corrective action and recommendations for new legislation where warranted. (f) The reports shall be structured for Congress in concise summary form with necessary detailed data in appendices.
Sec. 8. National Forest System Program Elements.— The Secretary

Development and administration.

16 USC 1607.

 of Agriculture shall take such action as will assure that the development and administration of the renewable resources of the National Forest System are in full accord with the concepts for multiple use and sustained yield of products and services as set forth in the Multiple-Use Sustained-Yield Act of 1960. To further these concepts, the Congress hereby sets the year 2000 as the target year when the renewable resources of the National Forest System shall be in an operating posture whereby all backlogs of needed treatment for their restoration shall be reduced to a current basis and the major portion of planned intensive multiple-use sustained-yield management procedures shall be installed and operating on an environmentally-sound basis. The annual budget shall contain requests for funds for an orderly program to eliminate such backlogs: Provided, That when the Secretary finds that (1) the backlog of areas that will benefit by such treatment has been eliminated, (2) the cost of treating the remainder of such area exceeds the economic and environmental benefits to be secured from their treatment, or (3) the total supplies of the renewable resources of the United States are adequate to meet the future needs of the American people, the budget request for these elements of restoration may be adjusted accordingly.
Sec. 9. Transportation System.— The Congress declares that the

16 USC 1608.

 installation of a proper system of transportation to service the National Forest System, as is provided for in Public Law 88–657, the Act of October 13, 1964 (16 U.S.C. 532–538), shall be carried forward in time to meet anticipated needs on an economical and environmentally sound basis, and the method chosen for financing the construction and maintenance of the transportation system should be such as to enhance local, regional, and national benefits, except that the financing of forest development roads as authorized by clause (2) of section 4 of the Act of October 13, 1964, shall be deemed “budget authority” and “budget outlays” as those terms are defined in section 3(a) of the Congressional Budget and Impoundment Control Act of 1974 and shall be effective for any fiscal year only in the manner

Ante, p. 299.

 required for new spending authority as specified by section 401(a) of that Act.

Ante, p. 317.
88 Stat. 480
Sec. 10. (a) National Forest System Defined.— Congress declares

16 USC 1609.

 that the National Forest System consists of units of federally owned forest, range, and related lands throughout the United States and its territories, united into a nationally significant system dedicated to the long-term benefit for present and future generations, and that it is the purpose of this section to include all such areas into one integral system. The “National Forest System” shall include all national forest lands reserved or withdrawn from the public domain of the United States, all national forest lands acquired through purchase, exchange, donation, or other means, the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act (50 Stat. 525, 7 U.S.C. 1010–1012), and other lands, waters, or interests therein which are administered by the Forest Service or are designated for administration through the Forest Service as a part of the system. (b) The on-the-ground field offices, field supervisory offices, and

Forest Service field offices.

 regional offices of the Forest Service shall be so situated as to provide the optimum level of convenient, useful services to the public, giving priority to the maintenance and location of facilities in rural areas and towns near the national forest and Forest Service program locations

42 USC 3122.

 in accordance with the standards in section 901(b) of the Act of November 30, 1970 (84 Stat. 1383), as amended.
Sec. 11. Renewable Resources.— In carrying out this Act, the

Information and data, utilization.

16 USC 1610.

 Secretary of Agriculture shall utilize information and data available from other Federal, State, and private organizations and shall avoid duplication and overlap of resource assessment and program planning efforts of other Federal agencies. The term “renewable resources” shall be construed to involve those matters within the scope of responsibilities and authorities of the Forest Service on the date of this Act.
Approved August 17, 1974.
Public Law 93–379: To create a Law Revision Commission for the District of Columbia, and to establish a municipal code for the District of Columbia. Public Law 379 88 Stat. 480 1974-08-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–379
An Act To create a Law Revision Commission for the District of Columbia, and to establish a municipal code for the District of Columbia.

August 21, 1974

[H.R. 12832]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

The District of Columbia Law Revision commission Act.

D. C. Code 49–401 note.

District of Columbia Law Revision Commission.

 be cited as “the District of Columbia Law Revision Commission Act”.
Sec. 2. (a) There is established in the District of Columbia a District of Columbia Law Revision Commission (hereafter in this Act referred to as the “Commission”) which shall consist of fifteen members appointed as follows: (1) Two members shall be appointed by the President of the United States. (2) One member shall be appointed by the Speaker of the House

Establishment.

D. C. Code 49–401.

Membership.

 of Representatives. (3) One member shall be appointed by the President pro tempore of the Senate. (4) One member shall be appointed by the minority leader of the House of Representatives. 88 Stat. 481 (5) One member shall be appointed by the minority leader of the Senate. (6) Three members shall be appointed by the Commissioner of the District of Columbia, one of whom shall be a nonlawyer. and one of whom shall be a member of the law faculty of a law school in the District of Columbia. (7) One member shall be appointed by the Chairman of the District of Columbia Council. (8) Two members shall be appointed by the Joint Committee on Judicial Administration in the District of Columbia. (9) One member shall be appointed by the District of Columbia Corporation Counsel. (10) Two members shall be appointed by the Board of Governors of the District of Columbia unified bar. (b) No person may be appointed as a member of the Commission

Citizenship requirement.

 unless he is a citizen of the United States. At least eight persons appointed to the Commission shall be bona fide residents of the District of Columbia who have maintained an actual place of abode in the District of Columbia for at least the ninety days immediately prior to their appointments as such members. The remaining persons appointed as members of the Commission shall be residents of the National Capital Region, as defined in the Act of June 6, 1924 (D.C. Code, sec. 1–1001 et seq.) (establishing the National Capital Planning

40 USC 71.

 Commission), who have maintained an actual place of abode in the National Capital Region for at least ninety days immediately prior to their appointments as such members. (c) Members of the Commission shall serve for four-year terms and

Term.

 may be reappointed. (d) The Chairman of the Commission shall be selected by the members of the Commission from among their number. (e) Each appointment of members of the Commission shall be made.

Non-partisan appointment.

 without regard to political party affiliation, on the basis of the ability of that person to perform his duties with the Commission. (f) Appointments made to fill vacancies on the Commission shall be made in the same manner, and on the same basis, as original appointments to the Commission are made. A member appointed to fill a vacancy shall serve until the expiration of the term of the member whose vacancy he was appointed to fill. (g) Members and the Chairman of the Commission shall be entitled

Compensation.

 to receive $100 for each day (including traveltime) during which they are engaged in the actual performance of duties vested in the Commission, except no member or Chairman shall receive more than $5,000 for the performance of such duties during any twelve-month period. (h) While away from their homes or regular places of business in

Travel expenses.

 the performance of the duties of the Commission, members, including the Chairman, of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5 of the United States Code. 88 Stat. 482 (i) The Commission may appoint and fix the compensation of such

Personnel.

 personnel as it deems advisable. Such personnel shall be appointed subject to the provisions of title 5 of the United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter II of chapter 53 of such title relating to classification and General Schedule

5 USC 5101, 5311.

 pay rates. Persons appointed to the staff of the Commission shall be so appointed solely on the basis of their ability to perform the duties of the Commission without regard to political party affiliation. Employees of the Commission shall be regarded as employees of the District of Columbia government. (j) The Commission, acting through its Chairman, may request from

Information, availability.

 any department, agency, or instrumentality of the executive branch of the Federal and District governments, including independent agencies, any information for carrying out the purposes of this Act; and each department, agency, instrumentality, and independent agency is authorized and directed, to the extent permitted by law, to furnish to the Commission the requested information. (k) The Commission may enter into contracts with Federal or

Contract authority.

 State agencies, private firms, institutions, and individuals for the conduct of research or surveys, the preparation of reports, and other activities necessary to the discharge of its duties. (l) The Commission may establish such advisory groups, committees, and subcommittees, consisting of members or nonmembers, as it deems necessary and appropriate to carry out the purposes of this Act.
Sec. 3. (a) It shall be the duty of the Commission to—

Duties.

D.C. Code 49–402.

 (1) examine the common law and statutes relating to the District of Columbia, the ordinances, regulations, resolutions, and acts of the District of Columbia Council, and all relevant judicial decisions for the purpose of discovering defects and anachronisms in the law relating to the District of Columbia and recommending needed reforms; (2) receive and consider proposed changes in the law recommended by the American Law Institute, the Conference of Commissioners on Uniform State Laws, any bar association or other learned bodies; (3) receive and consider suggestions from judges, justices, public officials, lawyers, and the public generally as to defects and anachronisms in the law relating to the District of Columbia; and (4) recommend, from time to time, to the Congress, and where appropriate to the Commissioner of the District of Columbia and to the District of Columbia Council, such changes in the law relating to the District of Columbia as it deems necessary to modify or eliminate antiquated and inequitable rules of law, and to bring the law relating to the District of Columbia, both civil and criminal, into harmony with modern conditions. In carrying out its duties under this Act, the Commission shall give special consideration to the examination of the common law and statutes relating to the criminal law in the District of Columbia, and all88 Stat. 483 relevant judicial decisions, for the purpose of discovering defects and anachronisms in the law relating to the criminal law in the District of Columbia and recommending needed reforms. (b) In addition to those duties of the Commission specified in subsection (a), the Commission shall prepare and recommend proposed uniform rules of practice, including rules relating to the conduct of hearings, for administrative agencies of the District of Columbia, including both independent and subordinate agencies, which conduct on-the-record hearings. The Commission shall also make a study of the District of Columbia Administrative Procedure Act for the purpose of preparing a manual, including relevant legislative

D.C. Code 1–1501 note.

 history and legal precedents, for the guidance of the respective administrative agencies.
Sec. 4. (a) The Commission shall make an annual report of its

Report to President, Congress, Commissioner of the District of Columbia, and District of Columbia Council.

D.C. Code 49–403.

 proceedings to the President, to the Congress, to the Commissioner of the District of Columbia, and to the District of Columbia Council by March 31 of each year. All reports of the Commission to the Congress, including reports made under section 3 (a) (4), shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate, and where appropriate, include drafts of proposed bills to carry out any of its recommendations. (b) Upon the filing of the Commission’s annual report at the end

Termination date.

 of the fourth full calendar year after the date that funds are first appropriated to the Commission, the Commission shall cease to exist, unless extended by Congress.
Sec. 5. (a) Section 7 of the District of Columbia Administrative

Municipal Code of the District of Columbia.

 Procedure Act (D.C. Code, sec. 1–1507) is amended by adding at the end thereof the following: “(d) Every regulation in the nature of a law or municipal ordinance adopted by the Council under authority specified in Reorganization Plan Numbered 3 of 1967, or under authority of any Act of Congress,

5 USC app.

 upon enactment, shall be codified and published in a Municipal Code of the District of Columbia which shall conform as closely as possible and shall be cross-indexed with the District of Columbia Code compiled by the Committee on the Judiciary of the House of Representatives. The Council shall from time to time issue such supplements or otherwise update and keep current the Municipal Code of the District of Columbia established under this subsection. The first such codification and publication of the Municipal Code of the District of Columbia shall be completed within one year after the date of enactment of this subsection.”. (b) The District of Columbia Council shall provide for public

D.C. Code 49–404.

 distribution (at cost) of the Municipal Code of the District of Columbia established by the amendment made by subsection (a).
Sec. 6. For the purpose of carrying out this Act, including the

Appropriation.

D.C. Code 49–405.

 amendment made by this Act, there are authorized to be appropriated, out of moneys in the Treasury credited to the District of Columbia and not otherwise appropriated, such amounts as may be necessary to carry out the purpose of this Act.
Approved August 21, 1974.
Public Law 93–380: To extend and amend the Elementary and Secondary Education Act of 1965, and for other purposes. Public Law380 Public Law 93–380 [88 Stat. 484] 1974-08-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 484 Public Law 93–380
AN ACT To extend and amend the Elementary and Secondary Education Act of 1965, and for other purposes.

August 21, 1974

[H. R. 69]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Education Amendments of 1974.

20 USC 821 note.
That this Act may be cited as the “Education Amendments of 1974”. TABLE OF CONTENTS Sec. 2. TITLE I— Sec. 101. (a) (2) (3) (4) (5) (6) (7) (8) (9) (10) (b) Sec. 102. Sec. 104. Sec. 105. Sec. 106. Sec. 107. Sec. 108. Sec. 109. Sec. 110. Sec. 111. TITLE II— Sec. 201. Part A— Subpart 1— Sec. 202. Sec. 203. Subpart 2— Sec. 204. Sec. 205. Sec. 206. Subpart 3— Sec. 207. Sec. 208. Sec. 209. Sec. 210. Sec. 211. 88 Stat. 485 Subpart 4— Sec. 213. Sec. 214. Sec. 215. Sec. 216. Sec. 217. Sec. 218. Sec. 219. Subpart 5— Sec. 221. Subpart 6— Sec. 222. Sec. 223. Part B— Sec. 251. Sec. 252. Sec. 253. Sec. 254. Sec. 255. Sec. 256. Sec. 257. Sec. 258. Sec. 259. TITLE III— Sec. 301. Sec. 302. Sec. 303. Sec. 304. Sec. 305. TITLE IV— Sec. 401. Sec. 402. (a) (b) (2) (3) (4) (c) (2) (3) Sec. 403. Sec. 404. Sec. 405. Sec. 406. Sec. 407. Sec. 408. Sec. 409. Sec. 410. 88 Stat. 486 TITLE V— Sec. 501. Sec. 502. Sec. 503. Sec. 504. Sec. 505. Sec. 500. Sec. 507. Sec. 508. Sec. 509. Sec. 510. Sec. 511. Sec. 512. Sec. 513. Sec. 514. Sec. 515. Sec. 516. Sec. 517. Sec. 518. Sec. 519. TITLE VI— Part A— Sec. 601. Sec. 602. Sec. 603. Sec. 604. Sec. 605. Sec. 606. Sec. 607. Sec. 608. Sec. 609. Part B— Sec. 611. Sec. 612. Sec. 613. Sec. 614. Sec. 615. Sec. 616. Sec. 617. Sec. 618. Sec. 619. Sec. 620. Sec. 621. Part C— Sec. 631. Sec. 632. Part D— Sec. 641. Sec. 642. Sec. 643. Sec. 644. Sec. 645. Sec. 646. 88 Stat. 487 Part E— Sec. 651. TITLE VII— Sec. 701. Part A— Sec. 705. Part B— Sec. 711. Sec. 712. Sec. 713. Sec. 714. Part C— Sec. 721. Sec. 722. Sec. 723. Part D— Sec. 731. Sec. 732. TITLE VIII— Part A— Sec. 801. Sec. 802. Sec. 803. Sec. 804. Part B— Sec. 821. Sec. 822. Sec. 823. Sec. 824. Sec. 825. Sec. 826. Part C— Sec. 831. Sec. 832. Sec. 833. Sec. 834. Sec. 835. Sec. 836. Sec. 837. Part D— Sec. 841. Sec. 842. Sec. 843. Sec. 844. Sec. 845. Sec. 846.
88 Stat. 488
general provisions Sec. 2.

Definition.

 (a) As used in this Act— (1) the term “Secretary” means the Secretary of Health, Education, and Welfare; (2) the term “Assistant Secretary” means the Assistant Secretary of Health, Education, and Welfare for Education; and (3) the term “Commissioner” means the Commissioner of Education; unless the context of such use requires another meaning. (b) Unless otherwise specified, the redesignation or a title, part, section, subsection, or other designation by any amendment in this Act shall include the redesignation of all references to such title, part, section, subsection, or other designation in any Act or regulation, however styled.

Effective dates.

20 USC 241b note.

(c) (1) Unless otherwise specified, each provision of this Act and each amendment made by this Act shall be effective on and after the sixtieth day after the enactment of this Act. (2) In any case where the effective date for an amendment made by this Act is expressly stated to be effective after June 30, 1973, or on July 1, 1973, such amendment shall be deemed to have been enacted on June 30, 1973.
<num value="I">TITLE I—</num> <heading class="inline">AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965</heading> <section> <heading class="smallCaps centered">amendments to title i of the elementary and secondary education act of 1905 special educational programs and projects for educationally deprived children</heading> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 102 of title I of the Elementary and Secondary <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241b">20 USC 241b</ref>.</p></sidenote>Education Act of 1965 is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“duration of assistance</heading> <num value="102">“<inline class="smallCaps">Sec</inline>. 102. </num> <content class="inline">During the period beginning July 1, 1973, and ending June 30, 1978, the Commissioner shall, in accordance with the provisions of this title, make payments to State educational agencies for grants made on the basis of entitlements created under this title.”.</content> </section> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2)</num> <subparagraph class="inline"> <num value="A">(A)</num> <clause class="inline"> <num value="i">(i)</num> <subclause class="inline"> <num value="I">(I) </num> <content class="inline">Such title I is amended by inserting immediately <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c">20 USC 241c</ref>.</p></sidenote>after the heading of part A the following new heading: <quotedContent> <subpart> <num value="1">“Subpart 1—</num> <heading class="inline">Grants to Local Educational Agencies”.</heading> </subpart> </quotedContent> </content> </subclause> <subclause class="indent4 fontsize10"> <num value="II"><sidenote><p class="firstIndent1 fontsize8">Appropriation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c">20 USC 241c</ref>.</p></sidenote>(II) </num> <content class="inline">Section 103(a) of such title I is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="103">“<inline class="smallCaps">Sec</inline>. 103. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">There is authorized to be appropriated for each fiscal year for the purpose of this paragraph 1 per centum of the amount appropriated for such year for payments to States under <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 500.</p></sidenote>section 143(a) (other than payments under such section to jurisdictions excluded from the term ‘State’ by this subsection, and payments <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 494.</p></sidenote>pursuant to section 124), and there shall be authorized to be appropriated such additional sums as will assure at least the same level of funding under this title as in fiscal year 1973 for Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and to the Secretary of the Interior for payments pursuant to paragraphs (1) and (2) of subsection (d). The amount appropriated pursuant to this paragraph shall be allotted by the Commissioner (A) among Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective need for grants under this part, and (B) to the Secretary of the Interior in the <page identifier="/us/stat/88/489">88 <inline class="smallCaps">Stat</inline>. 489</page>amount necessary (i) to make payments pursuant to paragraph (1) of subsection (d), and (ii) to make payments pursuant to paragraph (2) of subsection (d). The grant which a local educational agency in Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands is eligible to receive shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this title.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">In any case in which the Commissioner determines that satisfactory<sidenote><p class="firstIndent1 fontsize8">Grant formula.</p></sidenote> data for that purpose are available, the grant which a local educational agency in a State shall be eligible to receive under this subpart for a fiscal year shall (except as provided in paragraph (3)) be determined by multiplying the number of children counted under subsection (c) by 40 per centum of the amount determined under the next sentence. The amount determined under this sentence shall be the average per pupil expenditure in the State except that (A) if the average per pupil expenditure in the State is less than 80 per centum of the average per pupil expenditure in the United States, such amount shall be 80 per centum of the average per pupil expenditure in the United States, or (B) if the average per pupil expenditure in the State is more than 120 per centum of the average per pupil expenditure in the United States, such amount shall be 120 per centum of the average per pupil expenditure in the United States. In any case in which such data are not available, subject to paragraph (3), the grant for any local educational agency in a State shall be determined on the basis of the aggregate amount of such grants for all such agencies in the county or counties in which the school district of the particular agency is located, which aggregate amount shall be equal to the aggregate amount determined under the two preceding sentences for such county or counties, and shall be allocated among those agencies upon such equitable basis as may be determined by the State educational agency in accordance with basic criteria prescribed by the Commissioner.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Upon determination by the State educational agency that<sidenote><p class="firstIndent1 fontsize8">Special education.</p></sidenote> a local educational agency in the State is unable or unwilling to provide for the special educational needs of children described in clause (C) of paragraph (1) of subsection (c), who are living in institutions for neglected or delinquent children, the State educational agency shall, if it assumes responsibility for the special educational needs of such children, be eligible to receive the portion of the allocation to such local educational agency which is attributable to such neglected or delinquent children, but if the State educational agency does not assume such responsibility, any other State or local public agency, as determined by regulations established by the Commissioner, which does assume such responsibility shall be eligible to receive such portion of the allocation.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">In the case of local educational agencies which serve in whole or in part the same geographical area, and in the case of a local educational agency which provides free public education for a substantial number of children who reside in the school district of another local educational agency, the State educational agency may allocate the amount of the grants for those agencies among them in such manner as it determines will best carry out the purposes of this title.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">The grant which Puerto Rico shall be eligible to receive under<sidenote><p class="firstIndent1 fontsize8">Puerto Rico, grant formula.</p></sidenote> this subpart for a fiscal year shall be the amount arrived at by multiplying the number of children counted under subsection (c) by 40 per centum of (i) the average per pupil expenditure in Puerto Rico or (ii) in the case where such average per pupil expenditure is more than 120 per centum of the average per pupil expenditure in the United States, 120 per centum of the average per pupil expenditure in the United States.</content> </subparagraph> </paragraph> <page identifier="/us/stat/88/490">88 <inline class="smallCaps">Stat</inline>. 490</page> <paragraph class="indent1 fontsize10"> <num value="4"><sidenote><p class="firstIndent1 fontsize8">“State.”</p></sidenote>“(4) </num> <content class="inline">For purposes of this subsection, the term ‘State’ does not include Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.”</content> </paragraph> </subsection> </section> </quotedContent> </content> </subclause> </clause> <clause class="indent3 fontsize10"> <num value="ii"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c">20 USC 241c</ref>.</p></sidenote>(ii) </num> <content class="inline">Section 103(b) of such title I is amended by striking out “<quotedText>aged five to seventeen, inclusive, described in clauses (A), (B), and (C) of the first sentence of paragraph (2) of subsection (a)</quotedText>” and inserting in lieu thereof “<quotedText>counted under subsection (c) </quotedText>”.</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">Section 103(c) of such title I is amended to read as follows: <quotedContent> <subsection class="firstIndent1"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The number of children to be counted for purposes of this section is the aggregate of (A) the number of children aged five to seventeen, inclusive, in the school district of the local educational agency from families below the poverty level as determined under paragraph (2)(A), (B) two-thirds of the number of children aged five to seventeen, inclusive, in the school district of such agency from families above the poverty level as determined under paragraph (2)(B), and (C) the number of children aged five to seventeen, inclusive, in the school district of such agency living in institutions for neglected or delinquent children (other than such institutions operated by the <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 494.</p></sidenote>United States) but not counted pursuant to section 123 for the purposes of a grant to a State agency, or being supported in foster homes with public funds.”.</content> </paragraph> </subsection> </quotedContent> </content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C)</num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">Subsection (d) of section 103 is redesignated as paragraph (2) of subsection (c).</content> </clause> <clause class="indent3 fontsize10"> <num value="ii"><sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote>(ii) </num> <content class="inline">The first sentence of such paragraph (2), as redesignated by this section, is amended to read as follows: <quotedContent> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">For the purposes of this sect! on, the Commissioner shall determine the number of children aged five to seventeen, inclusive, from families below the poverty level on the basis of the most recent satisfactory data available from the Department of Commerce for local educational agencies (or, if such data are not available for such agencies, for counties); and in determining the families which are below the poverty level, the Commissioner shall utilize the criteria of poverty used by the Bureau of the Census in compiling the 1970 decennial census.”.</content> </subparagraph> </quotedContent> </content> </clause> <clause class="indent3 fontsize10"> <num value="iii"><sidenote><p class="firstIndent1 fontsize8">Repeal.</p></sidenote>(iii) </num> <content class="inline">The second sentence of paragraph (2) of such subsection (c) (as redesignated by this section) is repealed.</content> </clause> <clause class="indent3 fontsize10"> <num value="iv"><sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote>(iv) </num> <content class="inline">The third sentence of such paragraph (2) is amended to read as follows: <quotedContent> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">For purposes of this section, the Secretary of Health, Education, and Welfare shall determine the number of children aged five to seventeen, inclusive, from families above the poverty level on the basis of the number of such children from families receiving an annual income, in excess of the current criteria of poverty, from payments under the program of aid to families with dependent children under a <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s601">42 USC 601</ref>.</p></sidenote>State plan approved under title IV of the Social Security Act; and in making such determinations the Secretary shall utilize the criteria of poverty used by the Bureau of the Census in compiling the 1970 decennial census for a non farm family of four in such form as those criteria have been updated by increases in the Consumer Price Index. The Secretary shall determine the number of such children and the number of children of such ages living in institutions for neglected or delinquent children, or being supported in foster homes with public funds, on the basis of the caseload data for the month of January of the preceding fiscal year (using, in the case of children described in the preceding sentence, the criteria of poverty and the form of such criteria required by such sentence which were determined for the second calendar year preceding such month of January) or, to the extent that such data are not available to him before April 1 of the calendar year <page identifier="/us/stat/88/491">88 <inline class="smallCaps">Stat</inline>. 491</page>in which the Secretary’s determination is made, then on the basis of the most recent reliable data available to him at the time of such determination.”.</content> </subparagraph> </quotedContent> </content> </clause> <clause class="indent3 fontsize10"> <num value="v">(v) </num> <content class="inline">The fourth sentence of such paragraph (2) (as redesignated by<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 490.</p></sidenote> this section) is amended by striking out the word “<quotedText>When</quotedText>” and inserting in lieu thereof the following: <quotedContent> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">When”;</content> </subparagraph> <continuation class="fontsize10">and by striking out “<quotedText>having an annual income less than the low-income factor (established pursuant to subsection (c))</quotedText>” and inserting in lieu thereof “<quotedText>below the poverty level (as determined under paragraph (A) of this subsection) </quotedText>”.</continuation> </quotedContent> </content> </clause> <clause class="indent3 fontsize10"> <num value="vi">(vi) </num> <content class="inline">Section 103(e) of such title I is repealed.<sidenote><p class="firstIndent1 fontsize8">Repeal.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c">20 USC 241c</ref>.</p><p class="firstIndent1 fontsize8">Out-of-State Indian children, payments.</p></sidenote></content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">Section 103 of such title I is amended by adding at the end thereof the following: <quotedContent> <subsection class="firstIndent1"> <num value="d">“(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">From the amount allotted for payments to the Secretary of the Interior under clause (B)(i) in the second sentence of subsection (a)(1), the Secretary of the Interior shall make payments to local educational agencies, upon such terms as the Commissioner determines will best carry out the purposes of this title, with respect to out-of-State Indian children in the elementary and secondary schools of such agencies under special contracts with the Department of the Interior. The amount of such payment may not exceed, for each such child, 40 per centum of (A) the average per pupil expenditure in the State in which the agency is located or (B) 120 per centum of such expenditure in the United States, whichever is the greater.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The amount allotted for payments to the Secretary of the Interior under clause (B)(ii) in the second sentence of subsection (a)(1) for any fiscal year shall be, as determined pursuant to criteria established by the Commissioner, the amount necessary to meet the special educational needs of educationally deprived Indian children on reservations serviced by elementary and secondary schools operated for Indian children by the Department of the Interior. Such payments shall be made pursuant to an agreement between the Commissioner and the Secretary containing such assurances and terms as the Commissioner determines will best achieve the purposes of this title. Such agreement shall contain (A) an assurance that payments made pursuant to this subparagraph will be used solely for programs and projects approved by the Secretary of the Interior which meet the applicable requirements of section 141 (a) and that the Department of<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 496.</p></sidenote> the Interior will comply in all other respects with the requirements of this title, and (B) provision for carrying out the applicable provisions of sections 141(a) and 142(a)(3).”.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241e, 241f">20 USC 241e, 241f</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241a">20 USC 241a note</ref>.</p></sidenote></content> </paragraph> </subsection> </quotedContent> </content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">(E) </num> <content class="inline">Such title I is amended by inserting at the end of part A the following: <quotedContent> <subpart> <num value="2">“Subpart 2—</num> <heading class="inline">State Operated Programs</heading> <section> <heading class="smallCaps centered">“programs for handicapped children</heading> <num value="121">“<inline class="smallCaps">Sec</inline>. 121. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">A State agency which is directly responsible for providing<sidenote><p class="firstIndent1 fontsize8">Grants.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s24lc–1">20 USC 24lc–1</ref>.</p></sidenote> free public education for handicapped children (including mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children who by reason thereof require special education), shall be eligible to receive a grant under this section for any fiscal year.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Except as provided in sections 124 and 125, the grant which<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, pp. 494, 495.</p></sidenote> an agency (other than the agency for Puerto Rico) shall be eligible to receive under this section shall be an amount equal to 40 per centum of the average per pupil expenditure in the State (or (1) in the case where the average per pupil expenditure in the State is less than 80 <page identifier="/us/stat/88/492">88 <inline class="smallCaps">Stat</inline>. 492</page>per centum of the average per pupil expenditure in the United States, of 80 per centum of the average per pupil expenditure in the United States, or (2) in the case where the average per pupil expenditure in the State is more than 120 per centum of the average per pupil expenditure in the United States, of 120 per centum of the average per pupil expenditure in the United States), multiplied by the number of such children in average daily attendance, as determined by the Commissioner, at schools for handicapped children operated or supported by the State agency, including schools providing special education for handicapped children under contract or other arrangement with such State agency, in the most recent fiscal year for which satisfactory data are available. The grant which Puerto Rico shall be eligible to receive under this section shall be the amount arrived at by multiplying the number of children in Puerto Rico counted as provided in the preceding sentence by 40 per centum of (1) the average per pupil expenditure in Puerto Rico or (2) in the case where such average per pupil expenditure is more than 120 per centum of the average per pupil expenditure in the United States, 120 per centum of the average per pupil expenditure in the United States.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Grants, use limitation.</p></sidenote>“(c) </num> <content class="inline">A State agency shall use the payments made under this section only for programs and projects (including the acquisition of equipment and, where necessary, the construction of school facilities) which are designed to meet the special educational needs of such children, and the State agency shall provide assurances to the Commissioner that each such child in average daily attendance counted under subsection (b) will be provided with such a program, commensurate with his special needs, during any fiscal year for which such payments are made.</content> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">In the case where such a child leaves an educational program for handicapped children operated or supported by the State agency in order to participate in such a program operated or supported by a local educational agency, such child shall be counted under subsection (b) if (1) he continues to receive an appropriately designed educational program and (2) the State agency transfers to the local educational agency in whose program such child participates an amount equal to the sums received by such State agency under this section which are attributable to such child, to be used for the purposes set forth in subsection (c).</content> </subsection> </section> <section> <heading class="smallCaps centered">“programs for migratory children</heading> <num value="122">“<inline class="smallCaps">Sec</inline>. 122. </num><sidenote><p class="firstIndent1 fontsize8">Grants.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c–2">20 USC 241c–2</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">A State educational agency or a combination of such agencies, upon application, shall be entitled to receive a grant for any fiscal year under this section to establish or improve, either directly or through local educational agencies, programs of education for migratory children of migratory agricultural workers or of migratory <sidenote><p class="firstIndent1 fontsize8">Application, approval.</p></sidenote>fishermen. The Commissioner may approve such an application only upon his determination—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">that payments will be used for programs and projects (including the acquisition of equipment and where necessary the construction of school facilities) which are designed to meet the special educational needs of migratory children of migratory agricultural workers or of migratory fishermen, and to coordinate these programs and projects with similar programs and projects in other States, including the transmittal of pertinent information with respect to school records of such children;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">that in planning and carrying out programs and projects there has been and will be appropriate coordination with pro-<page identifier="/us/stat/88/493">88 <inline class="smallCaps">Stat</inline>. 493</page>grams administered under part B of title III of the Economic Opportunity Act of 1964;<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2861">42 USC 2861</ref>.</p></sidenote></content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">that such programs and projects will be administered and carried out in a manner consistent with the basic objectives of clauses (1)(B) and (3) through (12) of section 141(a); and<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 496.</p></sidenote></content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">that, in planning and carrying out programs and projects, there has been adequate assurance that provision will be made for the preschool educational needs of migratory children of migratory agricultural workers or of migratory fishermen, whenever such agency determines that compliance with this clause will not detract from the operation of programs and projects described in clause (A) of this paragraph after considering the funds available for this purpose.</content> </subparagraph> <continuation class="fontsize10">The Commissioner shall not finally disapprove an application of a State educational agency under this paragraph except after reasonable notice and opportunity for a hearing to the State educational agency.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">If the Commissioner determines that a State is unable or unwilling to conduct educational programs for migratory children of migratory agricultural workers or or migratory fishermen, or that it would result in more efficient and economic administration, or that it would add substantially to the welfare or educational attainment of such children, he may make special arrangements with other public or nonprofit private agencies to carry out the purposes of this section in one or more States, and for this purpose he may use all or part of the total of grants available for any such State under this section.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">For purposes of this section, with the concurrence of his parents, a migratory child of a migratory agricultural worker or of a migratory fisherman shall be deemed to continue to be such a child for a period, not in excess of five years, during which he resides in the area served by the agency carrying on a program or project under this subsection. Such children who are presently migrant, as determined pursuant to regulations of the Commissioner, shall be given priority in this consideration of programs and activities contained in applications submitted under this subsection.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Except as provided in sections 124 and 125, the total grants<sidenote><p class="firstIndent1 fontsize8">Grants, availability.</p><p class="firstIndent1 fontsize8"><i>Post</i>, pp. 494, 495.</p></sidenote> which shall be made available for use in any State (other than Puerto Rico) for this section shall be an amount equal to 40 per centum of the average per pupil expenditure in the State (or (1) in the case where the average per pupil expenditure in the State is less than 80 per centum of the average per pupil expenditure in the United States, of 80 per centum of the average per pupil expenditure in the United States, or (2) in the case where the average per pupil expenditure in the State is more than 120 per centum or the average per pupil expenditure in the United States, of 120 per centum of the average per pupil expenditure in the United States) multiplied by (1) the estimated number of such migratory children aged five to seventeen, inclusive, who reside in the State full time, and (2) the full-time equivalent of the estimated number of such migratory children aged five to seventeen, inclusive, who reside in the State part time, as determined by the Commissioner in accordance with regulations, except that if, in the case of any State, such amount exceeds the amount required under subsection (a), the Commissioner shall allocate such excess, to the extent necessary, to other States whose total of grants under this sentence would otherwise be insufficient for all such children to be served in such other States. The total grant which shall be made available for use in Puerto Rico shall be arrived at by multiplying the number of children in Puerto Rico counted as provided in the preceding sentence by 40 per centum of (1) the average per pupil expenditure in Puerto Rico or (2) in the case where such average per <page identifier="/us/stat/88/494">88 <inline class="smallCaps">Stat</inline>. 494</page>pupil expenditure is more than 120 per centum of the average per pupil expenditure in the United States, 120 per centum of the average per pupil expenditure in the United States. In determining the number of migrant children for the purposes of this section the Commissioner shall use statistics made available by the migrant student record transfer system or such other system as he may determine most accurately and fully reflects the actual number of migrant students.</content> </subsection> </section> <section> <heading class="smallCaps centered">“programs for neglected or delinquent children</heading> <num value="123">“<inline class="smallCaps">Sec</inline>. 123. </num><sidenote><p class="firstIndent1 fontsize8">Grants.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c–3">20 USC 241c–3</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">A State agency which is directly responsible for providing free public education for children in institutions for neglected or delinquent children or in adult correctional institutions shall be entitled to receive a grant under this section for any fiscal year (but only if grants received under this section are used only for children in such institutions).</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8"><i>Infra</i>.</p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 495.</p></sidenote>“(b) </num> <content class="inline">Except as provided in sections 124 and 125, the grant which such an agency (other than the agency for Puerto Rico) shall be eligible to receive shall be an amount equal to 40 per centum of the average per pupil expenditure in the State (or (1) in the case where the average per pupil expenditure in the State is less than 80 per centum of the average per pupil expenditure in the United States, of 80 per centum of the average per pupil expenditure in the United States, or (2) in the case where the average per pupil expenditure in the State is more than 120 per centum of the average per pupil expenditure in the United States, of 120 per centum of the average per pupil expenditure in the United States) multiplied by the number of such children in average daily attendance, as determined by the Commissioner, at schools for such children operated or supported by that agency, including schools providing education for such children under contract or other arrangement with such agency, in the most recent fiscal year for which satisfactory data are available. The grant which Puerto Rico shall be eligible to receive under this section shall be the amount arrived at by multiplying the number of children in Puerto Rico counted as provided in the preceding sentence by 40 per centum of (1) the average per pupil expenditure in Puerto Rico or (2) in the case where such average per pupil expenditure is more than 120 per centum of the average per pupil expenditure in the United States, 120 per centum of the average per pupil expenditure in the United States.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Grants, use limitation.</p></sidenote>“(c) </num> <content class="inline">A State agency shall use payments under this section only for programs and projects (including the acquisition of equipment and where necessary the construction of school facilities) which are designed to meet the special educational needs of such children.</content> </subsection> </section> <section> <heading class="smallCaps centered">“reservation of funds for territories</heading> <num value="124">“<inline class="smallCaps">Sec</inline>. 124. </num><sidenote><p class="firstIndent1 fontsize8">Appropriation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s24lc–">20 USC 24lc–4</ref>“</p><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 491, 492.</p><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote> <content class="inline">There is authorized to be appropriated for each fiscal year for purposes of each of sections 121, 122, and 123, an amount equal to not more than 1 per centum of the amount appropriated for such year for such sections for payments to Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands under each such section. The amounts appropriated for each such section shall be allotted among Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective need for such grants, based on such criteria as the, Commissioner determines will best carry out the purposes of this title.</content> </section> <page identifier="/us/stat/88/495">88 <inline class="smallCaps">Stat</inline>. 495</page> <section> <heading class="smallCaps centered">“minimum payments fob state operated programs</heading> <num value="125">“<inline class="smallCaps">Sec</inline>. 125. </num> <content class="inline">Except as provided in section 843 of the Education<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c–5">20 USC 241c–5</ref>.</p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 611.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 491, 492, 494.</p></sidenote> Amendments of 1974, no State agency shall receive in any fiscal year prior to July 1, 1978, pursuant to sections 121, 122, or 123 an amount which is less than UK) per centum of the amount which that State agency received in the prior fiscal year pursuant to such sections 121, 122, or 123, respectively.”.</content> </section> </subpart> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Section 121 of such title I and all references thereto are redesignated<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241d">20 USC 241d</ref>.</p></sidenote> as section 126.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Part C of such title I is amended to read as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241d–11">20 USC 241d–11</ref>.</p></sidenote> <quotedContent> <part> <num value="C">“<inline class="smallCaps">Part C</inline>—</num> <heading class="inline"><inline class="smallCaps">Special Grants</inline></heading> <section> <heading class="smallCaps centered">“eligibility and maximum amount of special grants</heading> <num value="131">“<inline class="smallCaps">Sec</inline>. 131. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Each local educational agency in a State which is eligible for a grant under this title for any fiscal year shall be entitled to an additional grant for that fiscal year if it meets the requirements of subsection (b). The amount of such grant shall be determined in accordance with subsection (c).</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">A local educational agency shall be entitled to a grant under this part for any fiscal year if the school district of such agency is located in a county in which—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">the number of children described in paragraph (2) for such year amounts to at least 200 per centum of the average number of such children in all counties in the State in which such agency is located for that fiscal year; or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">the number of children so described in such county for Such year is 10,000 and amounts to 5 per centum of the total number of children in such county.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">For the purposes of paragraph (1), the children counted with respect to a local educational agency shall be those children in the such county who are—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">in families having an annual income of $3,000 or less: or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">in families receiving an annual income in excess of $3,000 from payments under the program of aid to families with dependent children under a State plan approved under title IV of the Social Security Act; or<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s601">42 USC 601</ref>.</p></sidenote></content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">living in institutions for neglected or delinquent children or being supported in foster homes with public funds.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Determinations with respect to numbers of children in any county under paragraph (2) shall be made by the Commissioner on the basis of the most recent satisfactory data available to him.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B)</num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">The number of children determined with respect to one or more counties shall be allocated by the Commissioner, for the purposes of paragraph (2), among the local educational agencies with school districts located in such county or counties.</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <chapeau class="inline">In any case where—</chapeau> <subclause class="indent4 fontsize10"> <num value="I">“(I) </num> <content class="inline">two or more local educational agencies serve, in whole or in part, the same geographical area; or</content> </subclause> <subclause class="indent4 fontsize10"> <num value="II">“(II) </num> <content class="inline">a local educational agency provides free public education for a substantial number of children who reside in the school district of another local educational agency,</content> </subclause> <continuation class="fontsize10">the Commissioner may allocate the number of children determined under this subsection among such agencies in such a manner as will best achieve the purposes of this section.</continuation> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C)</num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">For the purposes of paragraph (2), the Commissioner shall determine the number of children from families having an annual income of $3,000 or less on the basis of the most recent satisfactory <page identifier="/us/stat/88/496">88 <inline class="smallCaps">Stat</inline>. 496</page>data available from the Department of Commerce. At any time such data for a county are available in the Department of Commerce, such data shall be used in making calculations under this subsection.</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">For the purposes of this subsection, the Secretary of Health, Education, and Welfare shall determine the number of children from families receiving an annual income in excess of $3,000 from payments under the program of aid to families with dependent children <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s601">42 USC 601</ref>.</p></sidenote>under a State plan approved under title IV of the Social Security Act and the number of children living in institutions for neglected or delinquent children or being supported in foster homes with public funds, on the basis of caseload data for the month of January of the preceding fiscal year, or to the extent that such data are not available to him before April 1 of the calendar year in which the determination is made, then on the basis of the most recent data available to him at the time of such determination. For the purposes of this subsection, the Secretary shall consider all children who are in correctional institutions to be living in institutions for delinquent children.</content> </clause> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Grant formula.</p></sidenote>“(c) </num> <chapeau class="inline">The amount of the grant to which a local educational agency shall be entitled for any fiscal year shall be—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">the number of children determined with respect to such agency under subsection (b);</content> </subparagraph> <continuation class="fontsize10">multiplied by—</continuation> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">50 per centum of the average per pupil expenditure of all the local educational agencies in the State in which such agency is located.</content> </subparagraph> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8">Payments, limitation.</p></sidenote>“(d) </num> <content class="inline">Notwithstanding any other provision of this section, no payments for any fiscal year under this part to the local educational agencies in a single State shall exceed 12 per centum of the aggregate payments to all local educational agencies in that year under this part.</content> </subsection> <subsection class="firstIndent1"> <num value="e">“(e)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The aggregate of the amount for which all local educational agencies are eligible under this part shall not exceed $75,000,000 for any fiscal year. I f, for any fiscal year, such aggregate, as computed without regard to the preceding sentence, exceeds $75,000,000, the amount for which each local educational agency is eligible shall be reduced ratably until such aggregate does not exceed such limitation.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote>“(2) </num> <content class="inline">For the purpose of making payments under this part there are authorized to be appropriated not in excess of $75,000,000 for the fiscal year ending June 30, 1975.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="f">“(f) </num> <chapeau class="inline">For the purposes of this section, the term—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1"><sidenote><p class="firstIndent1 fontsize8">“State.”</p></sidenote>“(1) </num> <content class="inline">‘State’ means the fifty States and the District of Columbia; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">“Children.”</p></sidenote>“(2) </num> <content class="inline">‘children’ includes all children aged five through seventeen, inclusive.”.</content> </paragraph> </subsection> </section> </part> </quotedContent> </content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B"><sidenote><p class="firstIndent1 fontsize8">Repeal; effective date.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 495.</p><p class="firstIndent1 fontsize8">Excess costs.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241e">20 USC 241e</ref>.</p></sidenote> (B) </num> <content class="inline">Effective July 1, 1975, part C of such title I is repealed.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Section 141(a)(1) of such title I is amended by striking out so much thereof as precedes clause (B) and inserting in lieu thereof the following: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">that payments under this title will be used for the excess costs of programs and projects (including the acquisition of equipment, payments to teachers of amounts in excess of regular salary schedules as a bonus for service in schools eligible for assistance under this title, the training of teachers, and, where necessary, the construction of school facilities and plans made or to be made for such programs, projects, and facilities) (A) which are designed to meet the special educational needs of educationally deprived children in school attendance areas having high concentrations of children from low-income families and”.</content> </paragraph> </quotedContent> </content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">Section 141(a)(1)(A) of such title I is amended by adding <page identifier="/us/stat/88/497">88 <inline class="smallCaps">Stat</inline>. 497</page>before the “<quotedText>and</quotedText>” at the end thereof the following: “<quotedText>(and at the discretion of the local educational agency, in any school of such agency not located in such a school attendance area, at which the proportion of children in actual average daily attendance from low-income families is substantially the same as the proportion of such children in such an area of that agency)</quotedText>”.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">Section 141 (a)(2) of such title I is amended to read as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241e">20 USC 241e</ref>.</p></sidenote> <quotedContent> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">that the local educational agency has provided satisfactory assurance that section 141A will be complied with;”.<sidenote><p class="firstIndent1 fontsize8"><i>Infra</i>.</p></sidenote></content> </paragraph> </quotedContent> </content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">Section 141(a) of such title I is amended by striking out “<quotedText>and</quotedText>” after paragraph (12), and by striking out paragraph (13), and inserting in lieu thereof the following: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="13">“(13) </num> <content class="inline">that, where a school attendance area does not meet the requirement of paragraph (1)(A) of this subsection for a fiscal year, or in the case of a local educational agency electing to allocate funds under section 140, where such an area does not meet the requirement of that section, but did meet the appropriate requirement in either of the two preceding fiscal years, that school attendance area shall be considered to meet the applicable criterion for that fiscal year; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="14">“(14) </num> <chapeau class="inline">that the local educational agency shall establish an advisory<sidenote><p class="firstIndent1 fontsize8">Advisory councils.</p><p class="firstIndent1 fontsize8">Establishment.</p></sidenote> council for the entire school district and shall establish an advisory council for each school of such agency served by a program or project assisted under section 143(a)(2), each of which<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241g">20 USC 241g</ref>.</p></sidenote> advisory councils—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">has as a majority of its members parents of the children to be served,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">is composed of members selected by the parents in each school attendance area,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">has been given responsibility by such agency for advising it in the planning for, and the implementation and evaluation of, such programs and projects, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">is provided by such agency, in accordance with regulations of the Commissioner, with access to appropriate information concerning such programs and projects.”</content> </subparagraph> </paragraph> </quotedContent> </content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">(E) </num> <content class="inline">Section 141 of such title I is amended by striking out subsection (c), by redesignating subsection (b) as subsection (c), and by inserting after subsection (a) the following new subsection: <quotedContent> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">It is the intent of the Congress to encourage, where feasible, the development for each educationally deprived child participating in a program under this title of an individualized written educational plan (maintained and periodically evaluated), agreed upon jointly by the local educational agency, a parent or guardian of the child, and when appropriate, the child.”</content> </subsection> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">Such title I is amended by inserting immediately after section 141 the following new section: <quotedContent> <section> <heading class="smallCaps centered">“participation of children enrolled in private schools</heading> <num value="141A">“<inline class="smallCaps">Sec</inline>. 141A. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">To the extent consistent with the number of educationally<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241e–1">20 USC 241e–1</ref>.</p></sidenote> deprived children in the school district of the local educational agency who are enrolled in private elementary and secondary schools, such agency shall make provision for including special educational services and arrangements (such as dual enrollment, educational radio and television, and mobile educational services and equipment) in which such children can participate and meeting the requirements of clauses (A) and (B) of paragraph (1) of subsection (a) of section 141, paragraph (2) of subsection (a) of such section, and clauses (A) and (B) of paragraph (3) of subsection (a) of such section 141.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">If a local educational agency is prohibited by law from <page identifier="/us/stat/88/498">88 <inline class="smallCaps">Stat</inline>. 498</page>providing for the participation in special programs for educationally deprived children enrolled in private elementary and secondary schools <sidenote><p class="firstIndent1 fontsize8">Waiver.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 497.</p></sidenote>as required by subsection (a), the Commissioner shall waive such requirement and the provisions of section 141 (a)(2), and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of subsection (a).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">If the Commissioner determines that a local educational agency has substantially failed to provide for the participation on an equitable basis of educationally deprived children enrolled in private elementary and secondary schools as required by subsection (a), he shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of subsection (a), upon which determination the provisions of paragraph (a) and section 141 (a)(2) shall be waived.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8">Costs, payment.</p></sidenote>“(3) </num> <content class="inline">When the Commissioner arranges for services pursuant to this section, he shall, after consultation with the appropriate public and private school officials, pay the cost of such services from the appropriate allocation or allocations under this title.</content> </paragraph> </subsection> <paragraph class="indent1 fontsize10"> <num value="4"><sidenote><p class="firstIndent1 fontsize8">Notice and hearing.</p></sidenote>“(4)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">the Commissioner shall not take any final action under this section until he has afforded the State educational agency and local educational agency affected by such action at least sixty days notice of his proposed action and an opportunity for a hearing with respect thereto on the record.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B"><sidenote><p class="firstIndent1 fontsize8">Judicial review.</p></sidenote>“(B) </num> <content class="inline">If a State or local educational agency is dissatisfied with the Commissioner’s final action after a hearing under subparagraph (A) of this paragraph, it may within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D"><sidenote><p class="firstIndent1 fontsize8">Jurisdiction.</p></sidenote>“(D) </num> <content class="inline">Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.”.</content> </subparagraph> </paragraph> </section> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7"><sidenote><p class="firstIndent1 fontsize8">Appropriation adjustments.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241h">20 USC 241h</ref>.</p></sidenote>(7) </num> <content class="inline">Section 144 of such title I is amended by striking out the first sentence and inserting in lieu thereof the following: “<quotedText>If the sums appropriated for any fiscal year for making the payments provided in this title are not sufficient to pay in full the total amounts which all local and State educational agencies are entitled to receive under this title for such year, the amount available for each grant to a State <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 491, 492, 494.</p></sidenote>agency eligible for a grant under section 121. 122, or 123 shall be equal to the total amount of the grant as computed under each such section. If the remainder of such sums available after the application of the preceding sentence is not sufficient to pay in full the total amounts which all local educational agencies are entitled to receive <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c">20 USC 241c</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241d">20 USC 241d</ref>.</p></sidenote>under part A of this title for such year, the allocations to such agencies and allocations under part B shall, subject to adjustments under the next sentence, be ratably reduced to the extent necessary to bring the aggregate of such allocations within the limits of the amount so appro-<page identifier="/us/stat/88/499">88 <inline class="smallCaps">Stat</inline>. 499</page>priated, except that entitlements under such part B shall be taken into consideration only to the extent that appropriations for such title I (excluding part C thereof) exceed $1,396,975,000 for any fiscal year<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 495.</p></sidenote> and such entitlements shall not exceed $50,000,000 in any fiscal year. The allocation of a local educational agency which would be reduced under the preceding sentence to less than 85 per centum of its allocation under part A for the preceding fiscal year, shall be increased to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241">20 USC 241c</ref></p></sidenote> such amount, the total of the increases thereby required being derived by proportionately reducing the allocations of the remaining local educational agencies, under the preceding sentence, but with such adjustments as may be necessary to prevent the allocation to any remaining local educational agency from being thereby reduced to less than 85 per centum of its allocation for such year. If the aggregate of the amounts to which all States are entitled under such part B exceeds $50,000,000 the entitlement of each State shall be reduced ratably until such aggregate does not exceed $50,000,000 in such fiscal year.</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">(8) </num> <content class="inline">Section 150 of such title I is redesignated as section 152, and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241a">20 USC 241a note</ref>.</p></sidenote> such title 1 is further amended by adding immediately after section 149 the following new sections: <quotedContent> <section> <heading class="smallCaps centered">“allocation of funds within tire school district of a local educational agency</heading> <num value="150">“<inline class="smallCaps">Sec</inline>. 150. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">For any fiscal year not more than 20 local educational<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241n">20 USC 241n</ref>.</p></sidenote> agencies selected for the purpose of section 821(a)(5) of the Education Amendments of 1974 may elect, with the approval of the district-wide<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 599.</p></sidenote> parent advisory council which is required to be established under section 141 (a)(14) of this title, to allocate funds received from payments<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 497.</p></sidenote> under this title on the oasis of a method or combination of methods other than the method provided under section 141(a)(1)(A).<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 496.</p></sidenote> Any method selected pursuant to this section shall be so designed and administered as to be free from racial or cultural discrimination.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Any local educational agency to which this section applies shall<sidenote><p class="firstIndent1 fontsize8">Reports to Director of the National Institute of Education.</p></sidenote> submit such reports to the Director of the National Institute of Education at such time and in such manner as the Director may reasonably require to carry out his responsibilities under section 821(a)(5) of the Education Amendments of 1974.</content> </subsection> </section> <section> <heading class="smallCaps centered">“program evaluation</heading> <num value="151">“<inline class="smallCaps">Sec</inline>. 151. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Commissioner shall provide for independent<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s2410">20 USC 2410</ref>.</p></sidenote> evaluations which describe and measure the impact of programs and projects assisted under this title. Such evaluations may be provided by contract or other arrangements, and all such evaluations shall be made by competent and independent persons, and shall include, whenever possible, opinions obtained from program or project participants about the strengths and weaknesses of such programs or projects.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The Commissioner shall develop and publish standards for<sidenote><p class="firstIndent1 fontsize8">Standards.</p></sidenote> evaluation of program or project effectiveness in achieving the objectives of this title.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">The Commissioner shall, where appropriate, consult with State<sidenote><p class="firstIndent1 fontsize8">Studies.</p></sidenote> agencies in order to provide for jointly sponsored objective evaluation studies of programs and projects assisted under this title within a State.</content> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">The Commissioner shall provide to State educational agencies,<sidenote><p class="firstIndent1 fontsize8">Models.</p></sidenote> models for evaluations of all programs conducted under this title, for their use in carrying out their functions under section 143(a), which<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241g">20 USC 241g</ref>.</p></sidenote> shall include uniform procedures and criteria to be utilized by local <page identifier="/us/stat/88/500">88 <inline class="smallCaps">Stat</inline>. 500</page>educational agencies, as well as by the State agency in the evaluation of such programs.</content> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8">Technical assistance.</p></sidenote>“(e) </num> <content class="inline">The Commissioner shall provide such technical and other assistance as may be necessary to State educational agencies to enable them to assist local educational agencies in the development and application of a systematic evaluation of programs in accordance with the models developed by the Commissioner.</content> </subsection> <subsection class="firstIndent1"> <num value="f">“(f) </num> <content class="inline">The models developed by the Commissioner shall specify objective criteria which shall be utilized in the evaluation of all programs and shall outline techniques (such as longitudinal studies of children involved in such programs) and methodology (such as the use of tests which yield comparable results) for producing data which are comparable on a statewide and nationwide basis.</content> </subsection> <subsection class="firstIndent1"> <num value="g"><sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote>“(g) </num> <content class="inline">The Commissioner shall make a report to the respective committees of the Congress having legislative jurisdiction over programs authorized by this title and the respective Committees on Appropriations concerning his progress in carrying out this section not later <sidenote><p class="firstIndent1 fontsize8">Annual reports.</p></sidenote>than January 31, 1975, and thereafter he shall report to such committees no later than January 31 of each calendar year the results of the evaluations of programs and projects required under this section, which shall be comprehensive and detailed, as up-to-date as possible, and based to the maximum extent possible on objective measurements, together with any other related findings and evaluations, and his recommendations with respect to legislation.</content> </subsection> <subsection class="firstIndent1"> <num value="h"><sidenote><p class="firstIndent1 fontsize8">Information gathering and dissemination systems.</p></sidenote>“(h) </num> <content class="inline">The Commissioner shall also develop a system for the gathering and dissemination of results of evaluations and for the identification of exemplary programs and projects, or of particularly effective elements of programs and projects, and for the dissemination of information concerning such programs and projects or such elements thereof to State and local educational agencies responsible for the design and conduct of programs and projects under this title, and to the education profession and the general public.</content> </subsection> <subsection class="firstIndent1"> <num value="i"><sidenote><p class="firstIndent1 fontsize8">Appropriations, limitation.</p></sidenote>“(i) </num> <content class="inline">The Commissioner is authorized, out of funds appropriated to carry out this title in any fiscal year, to expend such sums as may be necessary to carry out the provisions of this section, but not to exceed one-half of 1 per centum of the amount appropriated for such program, of which $5,000,000 for each fiscal year ending prior to July 1, 1977, shall be available only for the surveys and studies authorized by section <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 599.</p></sidenote>821 of the Education Amendments of 1974.”.</content> </subsection> </section> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241e">20 USC 241e</ref>.</p></sidenote>(9)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Section 141(a)(4) of such title is amended by striking out “<quotedText>section 145</quotedText>” and inserting in lieu thereof “<quotedText>section 433 of the General <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221">20 USC 1221 note</ref>.</p></sidenote>Education Provisions Act</quotedText>”.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241e">20 USC 241e</ref>.</p></sidenote>(B) </num> <content class="inline">Section 141 (a)(1)(B) of such title is amended by striking out “<quotedText>maximum</quotedText>”.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241g">20 USC 241g</ref>.</p></sidenote>(C) </num> <content class="inline">Section 143(a)(2) of such title is amended by striking out “<quotedText>maximum</quotedText>”.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241f">20 USC 241f</ref>.</p></sidenote>(D) </num> <content class="inline">Section 142 of such title is amended by striking out “<quotedText>described in section 141(c)</quotedText>” and inserting in lieu thereof “<quotedText>provided for in section <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 492.</p></sidenote>122</quotedText>”.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">(E) </num> <content class="inline">Section 142(a)(1) of such title is amended by striking out “<quotedText>section 103(a)(5)</quotedText>” and inserting in lieu thereof “<quotedText>section 121</quotedText>”.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">(F) </num> <content class="inline">Section 143(a)(2) of such title is amended by striking out “<quotedText>or section 131</quotedText>”.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="G">(G) </num> <content class="inline">Section 143(b)(1) of such title is amended to read as follows: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">1 per centum of the amount allocated to the State and its local educational agencies as determined for that year under this title; or”.</content> </paragraph> </quotedContent> </content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="H"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241h">20 USC 241h</ref>.</p></sidenote>(H) </num> <content class="inline">The third and fourth sentences of section 144 of such title are each amended by striking out “<quotedText>section 103(a)(6)</quotedText>” and inserting in lieu thereof “<quotedText>section 122</quotedText>”.</content> </subparagraph> <page identifier="/us/stat/88/501">88 <inline class="smallCaps">Stat</inline>. 501</page> <subparagraph class="indent2 fontsize10"> <num value="I">(I) </num> <content class="inline">Section 146 of such title is amended by striking out “<quotedText>section 141<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241j">20 USC 241j</ref>.</p></sidenote> (c)</quotedText>” and inserting in lieu thereof “<quotedText>section 122</quotedText>”.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 492.</p></sidenote></content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="J">(J) </num> <content class="inline">Section 147 of such title is amended by striking out “<quotedText>section 141<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241k">20 USC 241k</ref>.</p></sidenote> (c)</quotedText>” and inserting in lieu thereof “<quotedText>section 122</quotedText>”.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="K">(K) </num> <content class="inline">Section 403 of the Act of September 30, 1950 (Public Law 874,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s244">20 USC 244</ref>.</p></sidenote> Eighty-first Congress), is amended by adding at the end thereof the following new paragraphs: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="16">“(16) </num> <content class="inline">For purposes of title II, the ‘average per pupil expenditure’<sidenote><p class="firstIndent1 fontsize8">“Average per pupil expenditure.”</p></sidenote> in a State, or in the United States, shall be the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made (or if satisfactory data for that year are not available at the time of computation, then during the most recent preceding fiscal year for which satisfactory data are available), of all local educational agencies as defined in section 403(6)(B) in the State, or in the United States (which for the purposes of this subsection means the fifty States, and the District of Columbia), as the case may be, plus any direct current expenditures by the State for operation of such agencies (without regard to the source of funds from which either of such expenditures are made), divided by the aggregate number of children in average daily attendance to whom such agencies provided free public education during such preceding year.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="17">“(17) </num> <content class="inline">For the purposes of title II, ‘excess costs’<sidenote><p class="firstIndent1 fontsize8">“Excess costs.”</p></sidenote> means those costs directly attributable to programs and projects which exceed the average per pupil expenditure of a local educational agency in the most recent year for which satisfactory data are available for pupils in the grade or grades included in such programs or projects (but not including expenditures for any comparable State or local special programs for educationally deprived children or expenditures for bilingual programs or special education for handicapped children or children with specific learning disabilities, if such expenditures for bilingual education and special education are used to provide, to children of limited English-speaking ability and handicapped children, and children with specific learning disabilities who reside in title I project areas, services which are comparable to those provided to similarly disadvantaged children residing in nonproject areas).”.</content> </paragraph> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">(10) </num> <content class="inline">There is authorized to be appropriated for each fiscal year a<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241b–1">20 USC 241b–1</ref>.</p></sidenote> sum not to exceed $15,700,000 to be allocated at the discretion of the Commissioner to assist, those local education agencies whose total allocation under part A of title I of the Elementary and Secondary Education<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c">20 USC 241c</ref>.</p></sidenote> Act of 1965 is 90 per centum or less than such allocation under such part A during the preceding fiscal year.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Except as otherwise specifically provided, the amendments<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241b">20 USC 241b note</ref>.</p></sidenote> made by subsection (a) and the provisions of paragraph (10) of such subsection shall be effective on and after July 1, 1974.</content> </subsection> </section> <section> <heading class="smallCaps centered">school library resources, textbooks, and other instructional materials</heading> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 201(b) of the Elementary and Secondary<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s821">20 USC 821</ref>.</p></sidenote> Education Act of 1965 is amended by inserting before the period at the end thereof the following: “<quotedText>, and each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation by the Commissioner during any year for which funds are available for obligation by the Commissioner for carrying out part B of title IV</quotedText>”.</content> </subsection> <page identifier="/us/stat/88/502">88 <inline class="smallCaps">Stat</inline>. 502</page> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s822">20 USC 822</ref>.</p></sidenote>(b) </num> <content class="inline">The third sentence of section 202(a)(1) of the Act is amended by striking out “<quotedText>for the fiscal year ending June 30, 1968, and each of the succeeding fiscal years ending prior to July 1, 1973,</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s821">20 USC 821 note</ref>.</p></sidenote>(c) </num> <content class="inline">The amendments made by this section shall be effective on and after July 1, 1973.</content> </subsection> </section> <section> <heading class="smallCaps centered">supplementary educational centers and services; guidance, counseling, and testing</heading> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s841">20 USC 841</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The first sentence of section 301(b) of the Elementary and Secondary Education Act of 1965 is amended by inserting before the period at the end thereof the following: “<quotedText>, and each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation by the Commissioner during any year for which funds are available for obligation by the Commissioner for carrying out part C of title IV</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The second sentence of such Act is amended by inserting before the period at the end thereof the following: “<quotedText>, anti each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation by the Commissioner during any year for which funds are available for obligation by the Commissioner for carrying out part C of title IV</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s842">20 USC 842</ref>.</p></sidenote>(b) </num> <content class="inline">The third sentence of section 302(a)(1) of such Act is amended by striking out “<quotedText>for each fiscal year ending prior to July 1, 1973,</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s844a">20 USC 844a</ref>.</p></sidenote>(c) </num> <content class="inline">The first sentence of section 305(c) of the Act is amended by striking out “<quotedText>1973</quotedText>” and inserting in lieu thereof “<quotedText>1978</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s845">20 USC 845</ref>.</p></sidenote>(d) </num> <content class="inline">Section 307 of such Act is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1"> <num value="g"><sidenote><p class="firstIndent1 fontsize8">Notice and hearing.</p></sidenote>“(g)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Commissioner shall not take any final action under subsection (f) until he has afforded the State educational agency and the local educational agency affected by such action at least sixty days notice of his proposed action and an opportunity for a hearing with respect thereto on the record.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Judicial review.</p></sidenote>“(2) </num> <content class="inline">If a State or local educational agency is dissatisfied with the Commissioner’s final action after a hearing under paragraph (1) of this paragraph, it may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28. United States Code.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4"><sidenote><p class="firstIndent1 fontsize8">Jurisdiction.</p></sidenote>“(4) </num> <content class="inline">Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.”</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s841">20 USC 841 note</ref>.</p></sidenote>(e) </num> <content class="inline">The amendments made by subsections (a), (b), and (c) of this section shall be effective on and after July 1, 1973, and the amendment <page identifier="/us/stat/88/503">88 <inline class="smallCaps">Stat</inline>. 503</page>made by subsection (d) shall be effective on the date of enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">strengthening state and local educational agencies</heading> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 501(b) of the Elementary and Secondary<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s861">20 USC 861</ref>.</p></sidenote> Education Act of 1965 is amended by inserting before the period at the end thereof the following: “<quotedText>and each of the five succeeding fiscal years, except that no funds are authorized to be, appropriated for obligation by the Commissioner during any year for which funds are available for obligation by the Commissioner for carrying out part C of title IV</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 521(b) of such Act is amended by inserting before the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s866">20 USC 866</ref>.</p></sidenote> period at the end thereof the following: “<quotedText>, and each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation by the Commissioner during any year for which funds are available for obligation by the Commissioner for carrying out part C of title IV</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Section 531 (b) of such Act is amended by inserting before the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s867">20 USC 867</ref>.</p></sidenote> period at the end thereof the following: “<quotedText>, and each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation during any year for which funds are available for obligation for carrying out part C of title IV</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The amendments made by this section shall be effective on<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s861">20 USC 861 note</ref>.</p></sidenote> and after July 1, 1973.</content> </subsection> </section> <section> <heading class="smallCaps centered">bilingual educational programs</heading> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Title VII of the Elementary and Secondary<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b">20 USC 880b</ref>.</p></sidenote> Education Act of 1965 is amended to read as follows: <quotedContent> <title> <num value="VII">“TITLE VII—</num> <heading class="inline">BILINGUAL EDUCATION<sidenote><p class="firstIndent1 fontsize8">Bilingual Education Act.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b">20 USC 880b note</ref>.</p></sidenote></heading> <section> <heading class="smallCaps centered">“short title</heading> <num value="701">“<inline class="smallCaps">Sec</inline>. 701. </num> <content class="inline">This title may be cited as the ‘<shortTitle role="title">Bilingual Education Act</shortTitle>’.</content> </section> <section> <heading class="smallCaps centered">“policy; appropriations</heading> <num value="702">“<inline class="smallCaps">Sec</inline>. 702. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Recognizing—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b">20 USC 880b</ref>.</p></sidenote></chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">that there are large numbers of children of limited English-speaking ability;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">that many of such children have a cultural heritage which differs from that of English-speaking persons;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">that a primary means by which a child learns is through the use of such child’s language and cultural heritage;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">that, therefore, large numbers of children of limited English-speaking ability have educational needs which can be met by the use of bilingual educational methods and techniques; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">that, in addition, children of limited English-speaking ability benefit through the fullest utilization of multiple language and cultural resources.</content> </paragraph> <continuation class="fontsize10">the Congress declares it to be the policy of the United States, in order to establish equal educational opportunity for all children (A) to encourage the establishment and operation, where appropriate, of educational programs using bilingual educational practices, techniques, and methods, and (B) for that purpose, to provide financial assistance to local educational agencies, and to State educational agencies for certain purposes, in order to enable such local educational agencies <page identifier="/us/stat/88/504">88 <inline class="smallCaps">Stat</inline>. 504</page>to develop and carry out such programs in elementary and secondary schools, including activities at the preschool level, which are designed to meet the educational needs of such children; and to demonstrate effective ways of providing, for children of limited English-speaking ability, instruction designed to enable them, while using their native language, to achieve competence in the English language.</continuation> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote>“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Except as is otherwise provided in this title, for the purpose of carrying out the provisions of this title, there are authorized to be appropriated $135,000,000 for the fiscal year ending June 30, 1974; $135,000,000 for the fiscal year ending June 30, 1975; $140,000,000 for the fiscal year ending June 30, 1976; $150,000,000 for the fiscal year ending June 30, 1977; and $160,000,000 for the fiscal year ending June 30, 1978.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">There are further authorized to be appropriated to carry out <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 506.</p></sidenote>the provisions of section 721(b)(3) $6,750,000 for the fiscal year ending June 30, 1974; $7,250,000 for the fiscal year ending June 30, 1975; $7,750,000 for the fiscal year ending June 30, 1976; $8,750,000 for the fiscal year ending June 30, 1977; and $9,750,000 for the fiscal year ending June 30, 1978.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">From the sums appropriated under paragraph (1) for any fiscal year—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">the Commissioner shall reserve $16,000,000 of that part thereof which does not exceed $70,000,000 for training activities carried out under clause (3) of subsection (a) of section 721, and shall reserve for such activities 33% per centum of that part thereof which is in excess of $70,000,000: and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">the Commissioner shall reserve from the amount not reserved pursuant to clause (A) of this paragraph such amounts as may be necessary, but not in excess of 1 per centum thereof, for <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 510.</p></sidenote>the purposes of section 732.</content> </subparagraph> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">“definitions; regulations</heading> <num value="703">“<inline class="smallCaps">Sec</inline>. 703. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b–1">20 USC 880b–1</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The following definitions shall apply to the terms used in this title:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">The term ‘limited English-speaking ability’, when used with reference to an individual, means—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">individuals who were not born in the United States or whose native language is a language other than English, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">individuals who come from environments where a language other than English is dominant, as further defined by the Commissioner by regulations;</content> </subparagraph> <continuation class="fontsize10">and, by reason thereof, have difficulty speaking and understanding instruction in the English language.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The term ‘native, language’, when used with reference to an individual of limited English-speaking ability, means the language normally used by such individuals, or in the case of a child, the language normally used by the parents of the child.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The term ‘low-income’ when used with respect to a family means an annual income for such a family which does not exceed the low annual income determined pursuant to section 103 of title I of the <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 488.</p></sidenote>Elementary and Secondary Education Act of 1965.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4)</num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">The term ‘program of bilingual education’ means a program of instruction, designed for children of limited English-speaking ability in elementary or secondary schools, in which, with respect to the years of study to which such program is applicable—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">there is instruction given in, and study of, English and, to the extent necessary to allow a child to progress effectively through <page identifier="/us/stat/88/505">88 <inline class="smallCaps">Stat</inline>. 505</page>the educational system, the native language of the children of limited English-speaking ability, and such instruction is given with appreciation for the cultural heritage of such children, and, with respect to elementary school instruction, such instruction shall, to the extent necessary, be in all courses or subjects of study which will allow a child to progress effectively through the educational system; and</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">the requirements in subparagraphs (B) through (E) of this paragraph and established pursuant to subsection (b) of this section are met.</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">A program of bilingual education may make provision for<sidenote><p class="firstIndent1 fontsize8">English-speaking children, enrollment.</p></sidenote> the voluntary enrollment to a limited degree therein, on a regular basis, of children whose language is English, in order that they may acquire an understanding of the, cultural heritage of the children of limited English-speaking ability for whom the particular program of bilingual education is designed. In determining eligibility to participate in such programs, priority shall be given to the children whose language is other than English. In no event shall the program be designed for the purpose of teaching a foreign language to English-speaking children.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">In such courses or subjects of study as art, music, and physical education, a program of bilingual education shall make provision for the participation of children of limited English-speaking ability in regular classes.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">Children enrolled in a program of bilingual education shall, if graded classes are used, be placed, to the extent practicable, in classes with children of approximately the same age and level of educational attainment. If children of significantly varying ages or levels of educational attainment are placed in the same class, the program of bilingual education shall seek to insure that each child is provided with instruction which is appropriate for his or her level of educational attainment.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content class="inline">An application for a program of bilingual education shall be<sidenote><p class="firstIndent1 fontsize8">Application.</p></sidenote> developed in consultation with parents of children of limited English-speaking ability, teachers, and, where applicable, secondary school students, in the areas to be served, and assurances shall be given in the application that, after the application has been approved under this title, the applicant will provide for participation by a committee composed of, and selected by, such parents, and, in the case of secondary schools, representatives of secondary school students to be served.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">The term ‘Office’ means the Office of Bilingual Education.<sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">The term ‘Director’ means the Director of the Office of Bilingual Education.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">“(7) </num> <content class="inline">The term ‘Council’ means the National Advisory Council on Bilingual Education.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The Commissioner, after receiving recommendations from<sidenote><p class="firstIndent1 fontsize8">Models.</p></sidenote> State and local educational agencies and groups and organizations involved in bilingual education, shall establish, publish, and distribute, with respect to programs of bilingual education, suggested models with respect to pupil-teacher ratios, teacher qualifications, and other factors affecting the quality of instruction offered in such programs.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">In prescribing regulations under this section, the Commissioner<sidenote><p class="firstIndent1 fontsize8">Consultation.</p></sidenote> shall consult with State and local educational agencies, appropriate organizations representing parents and children of limited English-speaking ability, and appropriate groups and organizations representing teachers and educators involved in bilingual education.</content> </subsection> </section> <page identifier="/us/stat/88/506">88 <inline class="smallCaps">Stat</inline>. 506</page> <part> <num value="A">“<inline class="smallCaps">Part A</inline>—</num> <heading class="inline"><inline class="smallCaps">Financial Assistance for Bilingual Education Programs</inline></heading> <section> <heading class="smallCaps centered">“bilingual education programs</heading> <num value="721">“<inline class="smallCaps">Sec</inline>. 721. </num><sidenote><p class="firstIndent1 fontsize8">Grants.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b–7">20 USC 880b–7</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Funds available for grants under this part shall be used for—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">the establishment, operation, and improvement of programs of bilingual education;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">auxiliary and supplementary community and educational activities designed to facilitate and expand the implementation of programs described in clause (1), including such activities as (A) adult education programs related to the purposes of this title, particularly for parents of children participating in programs of bilingual education, and carried out, where appropriate, in coordination with programs assisted under the Adult Education <sidenote><p class="firstIndent1 fontsize8"><i>Post,</i> p. 576.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1201">20 USC 1201 note</ref>.</p></sidenote>Act, and (B) preschool programs preparatory and supplementary to bilingual education programs;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">the establishment, operation, and improvement of training programs for personnel preparing to participate in, or personnel participating in, the conduct of programs of bilingual education and (B) auxiliary and supplementary training programs, which shall be included in each program of bilingual education, for personnel preparing to participate in, or personnel participating in, the conduct of such programs; and</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">planning, and providing technical assistance for, and taking other steps leading to the development of, such programs.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Application.</p></sidenote>“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">A grant may be made under this section only upon application therefor by one or more local educational agencies or by an institution of higher education, including a junior or community college, applying jointly with one or more local educational agencies (or, in the case of a training activity described in clause (3)(A) of subsection <sidenote><p class="firstIndent1 fontsize8"><i>Post,</i> p. 508.</p></sidenote>(a) of this section, by eligible applicants as defined in section 723). Each such application shall be made to the Commissioner at such time, in such manner, and containing such information as the Commissioner deems necessary, and</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">include a description of the activities set forth in one or more of the clauses of subsection (a) which the applicant desires to carry out; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">provide evidence that the activities so described will make substantial progress toward making programs of bilingual education available to the children having need thereof in the area served by the applicant.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Approval.</p></sidenote>“(2) </num> <chapeau class="inline">An application for a grant under this part may be approved only if—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">the provision of assistance proposed in the application is consistent with criteria established by the Commissioner, after consultation with the State educational agency, for the purpose of achieving all equitable distribution of assistance under this part within the State in which the applicant is located, which criteria shall be developed by his taking into consideration (i) the geographic distribution of children of limited English-speaking ability, (ii) the relative need of persons in different geographic areas within the State for the kinds of services and activities described in subsection (a), (iii) with respect to grants <page identifier="/us/stat/88/507">88 <inline class="smallCaps">Stat</inline>. 507</page>to carry out programs described in clauses (1) and (2) of subsection (a) of section 721, the relative ability of particular local educational agencies within the State to provide such services and activities, and (iv) with respect to such grants, the relative numbers of persons from low-income families sought to be benefitted by such programs;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">in the case of applications from local educational agencies to carry out programs of bilingual education under clause (1) of subsection (a) of section 721, the {Commissioner determines that not less than 15 per centum of the amounts paid to the applicant for the purposes of such programs shall be expended for auxiliary and supplementary training programs in accordance with the provisions of clause (3)(B) of such subsection and section 723;<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 508.</p></sidenote></content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">the Commissioner determines (i) that the program will use the most qualified available personnel and the best resources and will substantially increase the educational opportunities for children of limited English-speaking ability in the area to be served by the applicant, and (ii) that, to the extent consistent with the number of children enrolled in nonprofit, nonpublic schools in the area to be served whose educational needs are of the type which the program is intended to meet, provision has been made for participation of such children; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">the State educational agency has been notified of the application and has been given the opportunity to offer recommendations thereon to the applicant and to the Commissioner.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Upon an application from a State educational agency, the Commissioner shall make provision for the submission and approval of a State program for the coordination by such State agency of technical assistance to programs of bilingual education in such State assisted under this title. Such State program shall contain such provisions, agreements, and assurances as the Commissioner shall, by regulation, determine necessary and proper to achieve the purposes of this title, including assurances that funds made available under this section for any fiscal year will be so used as to supplement, and to the extent practical, increase the level of funds that would, in the absence of such funds be made available by the State for the purposes described in this section, and in no case to supplant such funds.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">Except as is provided in the second sentence, of this subparagraph, the Commissioner shall pay from the amounts authorized for these, purposes pursuant to section 702 for each fiscal year to each State<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 503.</p></sidenote> educational agency which has a State program submitted and approved under subparagraph (A) such sums as may be necessary for the pipper and efficient conduct of such State program. The amount paid by the Commissioner to any State educational agency under the preceding sentence for any fiscal year shall not exceed 5 per centum of the aggregate of the amounts paid under this part to local educational agencies in the State of such State educational agency in the fiscal year preceding the fiscal year in which this limitation applies.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">In determining the distribution of funds under this title, the Commissioner shall give priority to areas having the greatest need for programs assisted under this title.</content> </subsection> </section> <section> <heading class="smallCaps centered">“indian children in schools</heading> <num value="722">“<inline class="smallCaps">Sec</inline>. 722. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">For the purpose of carrying out programs under this<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b–8">20 USC 880b–8</ref>.</p></sidenote> part for individuals served by elementary and secondary schools operated predominantly for Indian children, a nonprofit institution or organization of the Indian tribe concerned which operates any <page identifier="/us/stat/88/508">88 <inline class="smallCaps">Stat</inline>. 508</page>such school and which is approved by the Commissioner for the purposes of this section may be considered to be a local educational agency as such term is used in this title.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Payments.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 503.</p></sidenote>“(b) </num> <content class="inline">From the sums appropriated pursuant to section 702(b), the Commissioner is authorized to make payments to the Secretary of the Interior to carry out programs of bilingual education for children on reservations served by elementary and secondary schools for Indian children operated or funded by the Department of the Interior. The terms upon which payments for such purpose may be made to the Secretary of the Interior shall be determined pursuant to such criteria as the Commissioner determines will best carry out the policy of section 702(a).</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Annual report to Congress and President.</p></sidenote>“(c) </num> <content class="inline">The Secretary of the Interior shall prepare and, not later than November 1 of each year, shall submit to the Congress and the President an annual report detailing a review and evaluation of the use, during the preceding fiscal year, of all funds paid to him by the Commissioner under subsection (b) of this section, including complete fiscal reports, a description of the personnel and information paid for in whole or in part with such funds, the allocation of such funds, and the status of all programs funded from such payments. Nothing in this subsection shall be construed to relieve the Director of any authority or obligation under this part.</content> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8">Assessment of needs of Indian children, submittal to Congress and President.</p></sidenote>“(d) </num> <content class="inline">The Secretary of the Interior shall, together with the information required in the preceding subsection, submit to the Congress and the President, an assessment of the needs of Indian children with respect to the purposes of this title in schools operated or funded by the Department of the Interior, including those State educational agencies and local educational agencies receiving assistance under the Johnson-O’Malley Act (25 U.S.C. 452 et seq.) and an assessment of the extent to which such needs are being met by funds provided to such schools for educational purposes through the Secretary of the Interior.</content> </subsection> </section> <section> <heading class="smallCaps centered">“training</heading> <num value="723">“<inline class="smallCaps">Sec</inline>. 723. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b–9">20 USC 880b–9</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 506.</p></sidenote> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">In carrying out the provisions of clauses (1) and (3) of subsection (a) of section 721, with respect to training, the Commissioner shall, through grants to, and contracts with, eligible applicants, as defined in subsection (b), provide for—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A)</num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">training, carried out in coordination with any other programs training auxiliary educational personnel, designed (I) to prepare personnel to participate in, or for personnel participating in, the conduct of programs of bilingual education, including programs emphasizing opportunities for career development, advancement, and lateral mobility, (II) to train teachers, administrators, paraprofessionals, teacher aides, and parents, and (III) to train persons to teach and counsel such persons, and (ii) special training programs designed (I) to meet individual needs, and (II) to encourage reform, innovation, and improvement in applicable education curricula in graduate education, in the structure of the academic profession, and in recruitment and retention of higher education and graduate school facilities, as related to bilingual education; and</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">the operation of short-term training institutes designed to improve the skills of participants in programs of bilingual education in order to facilitate their effectiveness in carrying out responsibilities in connection with such programs.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Fellowships.</p></sidenote>“(2) </num> <content class="inline">In addition the Commissioner is authorized to award fellowships for study in the field of training teachers for bilingual edu-<page identifier="/us/stat/88/509">88 <inline class="smallCaps">Stat</inline>. 509</page>cation. For the fiscal year ending June 30, 1975, not less than 100 fellowships leading to a graduate degree shall be awarded under the preceding sentence for preparing individuals to train teachers for programs of bilingual education. Such fellowships shall be awarded in proportion to the need for teachers of various groups of individuals with limited English-speaking ability. For each fiscal year after June<sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote> 30, 1975, and prior to July 1, 1978, the Commissioner shall report to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate on the number of fellowships in the field of training teachers for bilingual education which he recommends will be necessary for that fiscal year.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The Commissioner shall include in the terms of any arrangement<sidenote><p class="firstIndent1 fontsize8">Stipends.</p></sidenote> described in paragraphs (1) and (2) of subsection (a) of this section provisions for the payment, to persons participating in training programs so described, of such stipends (including allowances for subsistence and other expenses for such persons and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported programs.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">In making grants or contracts under this section, the Commissioner shall give priority to eligible applicants with demonstrated competence and experience in the field of bilingual education. Funds provided under grants or contracts for training activities described in this section to or with a State educational agency, separately or jointly, shall in no event exceed in the aggregate in any fiscal year 15 per centum of the total amount of funds obligated for training activities pursuant to clauses (1) and (3) of subsection (a) of section 721 in such year.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 506.</p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">An application for a grant or contract for preservice or inservice training activities described in clause (A)(i)(I) and clause (A)(ii)(I) and in subsection (a)(1)(B) of this section shall be considered an application for a program of bilingual education for the purposes of subsection (a)(4)(E) of section 703.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 504.</p></sidenote></content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <chapeau class="inline">For the purposes of this section, the term ‘eligible applicants’<sidenote><p class="firstIndent1 fontsize8">“Eligible applicants.”</p></sidenote> means—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">institutions of higher education (including junior colleges and community colleges) which apply, after consultation with, or jointly with, one or more local educational agencies;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">local educational agencies; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">State educational agencies.</content> </paragraph> </subsection> </section> </part> <part> <num value="B">“<inline class="smallCaps">Part B</inline>—</num> <heading class="inline"><inline class="smallCaps">Administration</inline></heading> <section> <heading class="smallCaps centered">“office of bilingual, education</heading> <num value="731">“<inline class="smallCaps">Sec</inline>. 731. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There shall be, in the Office of Education, an Office of<sidenote><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b–10">20 USC 880b–10</ref>.</p></sidenote> Bilingual Education (hereafter in this section referred to as the ‘Office’) through which the Commissioner shall carry out his functions relating to bilingual education.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Office shall be headed by a Director of Bilingual Education, appointed by the Commissioner, to whom the Commissioner shall delegate all of his delegable functions relating to bilingual education.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The Office shall be organized as the Director determines to be appropriate in order to enable him to carry out his functions and responsibilities effectively.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <chapeau class="inline">The Commissioner, in consultation with the Council, shall prepare<sidenote><p class="firstIndent1 fontsize8">Report to Congress and President.</p></sidenote> and, not later than November 1 of 1975, and of 1977, shall submit to the Congress and the President a report on the condition of bilingual education in the Nation and the administration and operation of this <page identifier="/us/stat/88/510">88 <inline class="smallCaps">Stat</inline>. 510</page>title and of other programs for persons of limited English-speaking <sidenote><p class="firstIndent1 fontsize8">Contents.</p></sidenote>ability. Such report shall include—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">a national assessment of the educational needs of children and other persons with limited English-speaking ability and of the extent to which such needs are being met from Federal, State, and local efforts, including (A) not later than July 1, 1977, the results of a survey of the number of such children and persons in the States, and (B) a plan, including cost estimates, to be carried out during the five-year period beginning on such date, for extending programs of bilingual education and bilingual vocational and adult education programs to all such preschool and elementary school children and other persons of limited English-speaking ability, including a phased plan for the training of the necessary teachers and other educational personnel necessary for such purpose;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">a report on and an evaluation of the activities carried out under this title during the preceding fiscal year and the extent to which each of such activities achieves the policy set forth in section 702 (a);</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">a statement of the activities intended to be carried out during the succeeding period, including an estimate of the cost of such activities;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">an assessment of the number of teachers and other educational personnel needed to carry out programs of bilingual education under this title and those carried out under other programs for persons of limited English-speaking ability and a statement describing the activities carried out thereunder designed to prepare teachers and other educational personnel for such programs, and the number of other educational personnel needed to carry out programs of bilingual education in the States and a statement describing the activities carried out under this title designed to prepare teachers and other educational personnel for such programs; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">a description of the personnel, the functions of such personnel, and information available at the regional offices of the Department of Health, Education, and Welfare dealing with bilingual programs within that region.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">“national advisory council on bilingual education</heading> <num value="732">“<inline class="smallCaps">Sec</inline>. 732. </num><sidenote><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b–11">20 USC 880b–11</ref>.</p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 575.</p><p class="firstIndent1 fontsize8">Membership.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Subject to part D of the General Education Provisions Act, there shall be a National Advisory Council on Bilingual Education composed of fifteen members appointed by the Secretary, one of whom he shall designate as Chairman. At least eight of the members of the Council shall be persons experienced in dealing with the educational problems of children and other persons who are of limited English-speaking ability, at least one of whom shall be representative of persons serving on boards of education operating programs of bilingual education. At least three members shall be experienced in the training of teachers in programs of bilingual education. At least two members shall be persons with general experience in the field of elementary and secondary education. At least two members shall be classroom teachers of demonstrated teaching abilities using bilingual methods and techniques. The members of the Council shall be appointed in such a way as to be generally representative of the significant segments of the population of persons of limited English-speaking ability and the geographic areas in which they reside.</content> </subsection> <page identifier="/us/stat/88/511">88 <inline class="smallCaps">Stat</inline>. 511</page> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The Council shall meet at the call of the Chairman, but, notwithstanding the provisions of section 44(a) of the General Education Provisions Act, not less often than four times in each year.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1233e">20 USC 1233e</ref>.</p></sidenote></content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">The Council shall advise the Commissioner in the preparation<sidenote><p class="firstIndent1 fontsize8">Duties.</p></sidenote> of general regulations and with respect to policy matters arising in the administration and operation of this title, including the development of criteria for approval of applications, and plans under this title, and the administration and operation of other programs for persons of limited English-speaking ability. The Council shall prepare and, not later than November 1 of each year, submit a report to the Congress and the President on the condition of bilingual education in<sidenote><p class="firstIndent1 fontsize8">Report to Congress and President.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 509.</p></sidenote> the Nation and on the administration and operation of this title, including those items specified in section 731(c), and the administration and operation of other programs for persons of limited English-speaking ability.</content> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">The Commissioner shall procure temporary and intermittent<sidenote><p class="firstIndent1 fontsize8">Personnel procurement.</p></sidenote> services of such personnel as are necessary for the conduct of the functions of the Council, in accordance with section 445, of the General Education Provisions Act, and shall make available to the Council<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1233d">20 USC 1233d</ref>.</p></sidenote> such staff, information, and other assistance as it may require to carry out its activities effectively.</content> </subsection> </section> </part> <part> <num value="C">“<inline class="smallCaps">Part C</inline>—</num> <heading class="inline"><inline class="smallCaps">Supportive Services and Activities</inline></heading> <section> <heading class="smallCaps centered">“administration</heading> <num value="741">“<inline class="smallCaps">Sec</inline>. 741. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The provisions of this part shall be administered by<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b–12">20 USC 880b–12</ref>.</p></sidenote> the Assistant Secretary, in consultation with—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">the Commissioner, through the Office of Bilingual Education; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">the Director of the National Institute of Education, notwithstanding the second sentence of section 405(b)(1) of the General Education Provisions Act;<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1225">20 USC 1225</ref>.</p></sidenote></content> </paragraph> <continuation class="fontsize10">in accordance with regulations.</continuation> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The Assistant Secretary shall, in accordance with clauses (1)<sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote> and (2) of subsection (a), develop and promulgate regulations for this part and then delegate his functions under this part, as may be appropriate under the terms of section 742.<sidenote><p class="firstIndent1 fontsize8"><i>Infra</i>.</p></sidenote></content> </subsection> </section> <section> <heading class="smallCaps centered">“research and demonstration projects</heading> <num value="742">“<inline class="smallCaps">Sec</inline>. 742. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The National Institute of Education shall, in accordance<sidenote><p class="firstIndent1 fontsize8">Bilingual education research.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b–13">20 USC 880b–13</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221e">20 USC 1221e</ref>.</p></sidenote> with the provisions of section 405 of the General Education Provisions Act, carry out a program of research in the field of bilingual education in order to enhance the effectiveness of bilingual education programs carried out under this title and other programs for persons of limited English-speaking ability.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">In order to test the effectiveness of research findings by the<sidenote><p class="firstIndent1 fontsize8">Competitive contracts.</p></sidenote> National Institute of Education and to demonstrate new or innovative practices, techniques, and methods for use in such bilingual education programs, the Director and the Commissioner are authorized to make competitive contracts with public and private educational agencies, institutions, and organizations for such purpose.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <chapeau class="inline">In carrying out their responsibilities under this section, the Commissioner and the Director shall, through competitive contracts with appropriate public and private agencies, institutions, and organizations—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">undertake studies to determine the basic educational needs and language acquisition characteristics of, and the most effective <page identifier="/us/stat/88/512">88 <inline class="smallCaps">Stat</inline>. 512</page>conditions for, educating children of limited English-speaking ability;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">develop and disseminate instructional materials and equipment suitable for use in bilingual education programs; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">establish and operate a national clearinghouse of information for bilingual education, which shall collect, analyze, and disseminate information about bilingual education and such bilingual education and related programs.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">In carrying out their responsibilities under this section, the Commissioner and the Director snail provide for periodic consultation with representatives of State and local educational agencies and appropriate groups and organizations involved in bilingual education.</content> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8">Appropriations.</p></sidenote>“(e) </num> <content class="inline">There is authorized to be appropriated for each fiscal year prior to July 1, 1978. $5,000,000 to carry out the provisions of this section.”.</content> </subsection> </section> </part>

Effective date.

20 USC 880b note.

(2) (A) The amendment made by this subsection shall be effective upon the date of enactment of this Act, except that the provisions of part A of title VII of the Elementary and Secondary Education Act

Ante, p. 504.

of 1965 (as amended by subsection (a) of this section) shall become effective on July 1, 1975, and the provisions of title VII of the Elementary

20 USC 880b.

and Secondary Education Act of 1965 in effect immediately prior to the date of enactment of this Act shall remain in effect through June 30, 1975, to the extent not inconsistent with the amendment made by this section.

20 USC 880b–11 note.

Ante, p. 510.

“Other programs for persons of limited English-speaking ability.”

Ante, p. 504.

(B) The National Advisory Council on Bilingual Education, for which provision is made in section 732 of such Act, shall be appointed within ninety days after the enactment of this Act. (b) Section 703(a) of title VII of such Act is amended by adding at the end thereof the following: “(8) The term ‘other programs for persons of limited English-speaking ability’ when used in sections 731 and 732 means the program

20 USC 1607.

authorized by section 708(c) of the Emergency School Aid Act and the programs carried out in coordination with the provisions of this title

Post, p. 578.

Post, p. 607.

pursuant to section 122(a)(4)(C) and part J of the Vocational Education Act of 1963, and section 306(a)(11) of the Adult Education Act, and programs and projects serving areas with high concentrations of persons of limited English-speaking ability pursuant to section 6

Post, p. 609.

(b)(4) of the Library’ Services and Construction Act.”.
statute of limitations Sec. 106. Title VIII of the Elementary and Secondary Education

20 USC 881.

Act of 1965 is amended by inserting after section 803 the following new section:
“statute of limitations on refund of payments “Sec. 804.

20 USC 884.

 No State or local educational agency shall be liable to refund any payment made to such agency under this Act (including

Ante, p. 488.

title I of this Act) which was subsequently determined to be unauthorized by law, if such payment was made more than five years before, such agency received final written notice that such payment was unauthorized.”.
dropout prevention projects Sec. 107.

20 USC 887.

 (a) Section 807(c) of the Elementary and Secondary Education Act of 1965 is amended by inserting before the period at the end thereof the following: “, and each of the five succeeding fiscal 88 Stat. 513years, except that no funds are authorized to be appropriated for obligation during any year for which funds are available for obligation for carrying out part C of title IV”. (b) The amendments made by this section shall be effective on and

Effective date.

20 USC 887 note.

 after July 1, 1973.
school nutrition and health services Sec. 108. (a) Section 808(d) of the Elementary and Secondary

20 USC 887a.

 Education Act of 1965 is amended by inserting before the period at the end thereof the following: “, and each or the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation during any year for which funds are available for obligation for carrying out part C of title IV”. (b) The amendments made by this section shall be effective on and

Effective date.

20 USC 887a note.

 after July 1, 1973.
correction education services Sec. 109. (a) Section 809 of the Elementary and Secondary Education Act of 1965 is amended by adding at the end thereof the following

20 USC 887b.

 new subsection: “(c) For the purpose of carrying out this section, there is authorized to be appropriated $500,000 for the fiscal year ending June 30, 1974, and for the succeeding fiscal year.” (c) The amendments made by this section shall be effective on and

Effective date.

20 USC 887b note.

 after July 1, 1974.
open meetings of educational, agencies Sec. 110. Title VIII of the Elementary and Secondary Education Act of 1965 is amended by adding at the end thereof the following new section:
“open meetings of educational agencies “Sec. 812. No application for assistance under this Act may be considered

20 USC 887e.

 unless the local educational agency making such application certifies to the Commissioner that members of the public nave been afforded the opportunity upon reasonable notice to testify or otherwise comment regarding the subject matter of the application. The Commissioner is authorized and directed to establish such regulations as necessary to implement this section.”
ethnic heritage studies centers Sec. 111. (a) (1) Section 907 of the Elementary and Secondary Education Act of 1965 is amended by striking out “the fiscal year ending

20 USC 900a–5.

 June 30, 1973” and inserting in lieu thereof “each of the fiscal years ending prior to July 1, 1978”. (2) The amendments made by this subsection shall be effective on

Effective date.

20 USC 900a–5 note.

 and after July 1, 1973. (b) Section 903 of such Act is amended by—

20 USC 900a–1.

 (1) striking out “elementary and secondary schools and institutions of higher education” in clause (1) of such section, and inserting in lieu thereof “elementary or secondary schools or institutions of higher education”; (2) striking out “elementary and secondary schools and institutions of higher education” in clause (2) of such section and inserting in lieu thereof “elementary or secondary schools or institutions of higher education”; 88 Stat. 514

20 USC 900a–1.

(3) inserting the word “or” after clause (1) of such section; and (4) inserting the word “or” at the end of clause (2) of such section.
<num value="II">TITLE II—</num><sidenote><p class="firstIndent1 fontsize8">Equal Educational Opportunities Act of 1974.</p></sidenote> <heading class="inline">EQUAL EDUCATIONAL OPPORTUNITIES AND THE TRANSPORTATION OF STUDENTS</heading> <section> <heading class="smallCaps centered">short title</heading> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1701">20 USC 1701 note</ref>.</p></sidenote> <content class="inline">This title may be cited as the “<shortTitle role="title">Equal Educational Opportunities Act of 1974</shortTitle>”.</content> </section> <part> <num value="A"><inline class="smallCaps">Part A</inline>—</num> <heading class="inline"><inline class="smallCaps">Equal Educational Opportunities</inline></heading> <subpart> <num value="1">Subpart 1—</num> <heading class="inline">Policy and Purpose</heading> <section> <heading class="smallCaps centered">declaration of policy</heading> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1701">20 USC 1701</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Congress declares it to be the policy of the United States that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">all children enrolled in public schools are entitled to equal educational opportunity without regard to race, color, sex, or national origin; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the neighborhood is the appropriate basis for determining public school assignments.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">In order to carry out this policy, it is the purpose of this part to specify appropriate remedies for the orderly removal of the vestiges of the dual school system.</content> </subsection> </section> <section> <heading class="smallCaps centered">findings</heading> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1702">20 USC 1702</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Congress finds that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the maintenance of dual school systems in which students are assigned to schools solely on the basis of race, color, sex, or national origin denies to those students the equal protection of the laws guaranteed by the fourteenth amendment;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">for the purpose of abolishing dual school systems and eliminating the vestiges thereof, many local educational agencies have been required to reorganize their school systems, to reassign students, and to engage in the extensive transportation of students:</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the implementation of desegregation plans that require extensive student transportation has, in many cases, required local educational agencies to expend large amount of funds, thereby depleting their financial resources available for the maintenance or improvement of the quality of educational facilities and instruction provided;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">transportation of students which creates serious risks to their health and safety, disrupts the educational process carried out with respect to such students, and impinges significantly on their educational opportunity, is excessive;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">the risks and harms created by excessive transportation are particularly great for children enrolled in the first six grades; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">the guidelines provided by the courts for fashioning remedies to dismantle dual school systems have been, as the Supreme Court of the United States has said, “incomplete and imperfect,” and have not established, a clear, rational, and uniform standard for determining the extent to which a local educational agency is required to reassign and transport its students in order to eliminate the vestiges of a dual school system.</content> </paragraph> </subsection> <page identifier="/us/stat/88/515">88 <inline class="smallCaps">Stat</inline>. 515</page> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">For the foregoing reasons, it is necessary and proper that the Congress, pursuant to the powers granted to it by the Constitution of the United States, specify appropriate remedies for the elimination<sidenote><p class="firstIndent1 fontsize8">USC prec. title 1.</p></sidenote> of the vestiges of dual school systems, except that the provisions of this title are not intended to modify or diminish the authority of the courts of the United States to enforce fully the fifth and fourteenth amendments to the Constitution of the United States.</content> </subsection> </section> </subpart> <subpart> <num value="2">Subpart 2—</num> <heading class="inline">Unlawful Practices</heading> <section> <heading class="smallCaps centered">denial of equal educational opportunity prohibited</heading> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <chapeau class="inline">No State shall deny equal educational opportunity to an<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1703">20 USC 1703</ref>.</p></sidenote> individual on account of his or her race, color, sex, or national origin, by—</chapeau> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">the deliberate segregation by an educational agency of students on the basis of race, color, or national origin among or within schools;</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">the failure of an educational agency which has formerly practiced such deliberate segregation to take affirmative steps, consistent with subpart 4 of this title, to remove the vestiges of a dual school system;</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">the assignment by an educational agency of a student to a school, other than the one closest to his or her place of residence within the school district in which he or she resides, if the assignment results in a greater degree of segregation of students on the basis of race, color, sex, or national origin among the schools of such agency than would result if such student were assigned to the school closest to his or her place of residence within the school district of such agency providing the appropriate grade level and type of education for such student;</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">discrimination by an educational agency on the basis of race, color, or national origin in the employment, employment conditions, or assignment to schools of its faculty or staff, except to fulfill the purposes of subsection (f) below;</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">the transfer by an educational agency, ‘whether voluntary or otherwise, of a student from one school to another if the purpose and effect of such transfer is to increase segregation of students on the basis of race, color, or national origin among the schools of such agency; or</content> </subsection> <subsection class="firstIndent1"> <num value="f">(f) </num> <content class="inline">the failure by an educational agency to take appropriate action to overcome language barriers that impede equal participation by its students in its instructional programs.</content> </subsection> </section> <section> <heading class="smallCaps centered">balance not required</heading> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <content class="inline">The failure of an educational agency to attain a balance,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1704">20 USC 1704</ref>.</p></sidenote> on the basis of race, color, sex, or national origin, of students among its schools shall not constitute a denial of equal educational opportunity, or equal protection of the laws.</content> </section> <section> <heading class="smallCaps centered">assignment on neighborhood basis not a dental of equal educational opportunity</heading> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <content class="inline">Subject to the other provisions of this part, the assignment<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1705">20 USC 1705</ref>.</p></sidenote> by an educational agency of a student to the school nearest his place of residence which provides the appropriate grade level and type of education for such student is not a denial of equal educational opportunity or of equal protection of the laws unless such assignment is for <page identifier="/us/stat/88/516">88 <inline class="smallCaps">Stat</inline>. 516</page>the purpose of segregating students on the basis of race, color, sex, or national origin, or the school to which such student is assigned was located on its site for the purpose of segregating students on such basis.</content> </section> </subpart> <subpart> <num value="3">Subpart 3—</num> <heading class="inline">Enforcement</heading> <section> <heading class="smallCaps centered">civil actions</heading> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1706">20 USC 1706</ref>.</p></sidenote> <content class="inline">An individual denied an equal educational opportunity, as defined by this part may institute a civil action in an appropriate district court of the United States against such parties, and for such relief, as may be appropriate. The Attorney General of the United States (hereinafter in this title referred to as the “Attorney General”), for or in the name of the United States, may also institute such a civil action on behalf of such an individual.</content> </section> <section> <heading class="smallCaps centered">effect of certain population changes on certain actions</heading> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1707">20 USC 1707</ref>.</p></sidenote> <content class="inline">When a court of competent jurisdiction determines that a school system is desegregated, or that it meets the constitutional requirements, or that it is a unitary system, or that it has no vestiges of a dual system, and thereafter residential shifts in population occur which result in school population changes in any school within such a desegregated school system, such school population changes so occurring shall not, per se, constitute a cause for civil action for a new plan of desegregation or for modification of the court approved plan.</content> </section> <section> <heading class="smallCaps centered">jurisdiction of district courts</heading> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1708">20 USC 1708</ref>.</p></sidenote> <content class="inline">The appropriate district court of the United States shall have and exercise jurisdiction of proceedings instituted under section 207.</content> </section> <section> <heading class="smallCaps centered">intervention by attorney general</heading> <num value="210"><inline class="smallCaps">Sec</inline>. 210. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1709">20 USC 1709</ref>.</p></sidenote> <content class="inline">Whenever a civil action is instituted under section 207 by an individual, the Attorney General may intervene in such action upon timely application.</content> </section> <section> <heading class="smallCaps centered">suits by the attorney general</heading> <num value="211"><inline class="smallCaps">Sec</inline>. 211. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1710">20 USC 1710</ref>.</p></sidenote> <chapeau class="inline">The Attorney General shall not institute a civil action under section 207 before he—</chapeau> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">gives to the appropriate educational agency notice of the condition or conditions which, in his judgment, constitute a violation of subpart 2 of this part; and</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">certifies to the appropriate district court of the United States that he is satisfied that such educational agency has not, within a reasonable time after such notice, undertaken appropriate remedial action.</content> </subsection> </section> </subpart> <subpart> <num value="4">Subpart 4—</num> <heading class="inline">Remedies</heading> <section> <heading class="smallCaps centered">formulating remedies; applicability</heading> <num value="213"><inline class="smallCaps">Sec</inline>. 213. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1712">20 USC 1712</ref>.</p></sidenote> <content class="inline">In formulating a remedy for a denial of equal educational opportunity or a denial of the equal protection of the laws, a court, department, or agency of the. United States shall seek or impose only such remedies as are essential to correct particular denials of equal educational opportunity or equal protection of the laws.</content> </section> <page identifier="/us/stat/88/517">88 <inline class="smallCaps">Stat</inline>. 517</page> <section> <heading class="smallCaps centered">priority of remedies</heading> <num value="214"><inline class="smallCaps">Sec</inline>. 214. </num> <chapeau class="inline">In formulating a remedy for a denial of equal educational<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1713">20 USC 1713</ref>.</p></sidenote> opportunity or a denial of the equal protection of the laws, which may involve directly or indirectly the transportation of students, a court, department, or agency of the United States shall consider and make specific findings on the efficacy in correcting such denial of the following remedies and shall require implementation of the first of the remedies set out below, or of the first combination thereof which would remedy such denial:</chapeau> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">assigning students to the schools closest to their places of residence which provide the appropriate grade level and type of education for such students, taking into account school capacities and natural physical barriers;</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">assigning students to the schools closest to their places of residence which provide the appropriate grade level and type of education for such students, taking into account only school capacities;</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">permitting students to transfer from a school in which a majority of the students are of their race, color, or national origin to a school in which a minority of the students are of their race, color, or national origin;</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">the creation or revision of attendance zones or grade structures without requiring transportation beyond that described in section 215;</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">the construction of new schools or the closing of inferior schools;</content> </subsection> <subsection class="firstIndent1"> <num value="f">(f) </num> <content class="inline">the construction or establishment of magnet schools; or</content> </subsection> <subsection class="firstIndent1"> <num value="g">(g) </num> <content class="inline">the development and implementation of any other plan which is educationally sound and administratively feasible, subject to the provisions of sections 215 and 216 of this part.</content> </subsection> </section> <section> <heading class="smallCaps centered">transportation of students</heading> <num value="215"><inline class="smallCaps">Sec</inline>. 215. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">No court, department, or agency of the United States<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1714">20 USC 1714</ref>.</p></sidenote> shall, pursuant to section 214, order the implementation of a plan that would require the transportation of any student to a school other than the school closest or next closest to his place of residence which provides the appropriate grade level and type of education for such student.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">No court, department, or agency of the United States shall require directly or indirectly the transportation of any student if such transportation poses a risk to the health of such student or constitutes a significant impingement on the educational process with respect to such student..</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">When a court of competent jurisdiction determines that a school system is desegregated, or that it meets the constitutional requirements, or that it is a unitary system, or that it has no vestiges of a dual system, and thereafter residential shifts in population occur which result in school population changes in any school within such a desegregated school system, no educational agency because of such shifts shall be required by any court, department, or agency of the United States to formulate, or implement any new desegregation plan, or modify or implement any modification of the court approved desegregation plan, which would require transportation of students to compensate wholly or in part for such shifts in school population so occurring.</content> </subsection> </section> <page identifier="/us/stat/88/518">88 <inline class="smallCaps">Stat</inline>. 518</page> <section> <heading class="smallCaps centered">district lines</heading> <num value="216"><inline class="smallCaps">Sec</inline>. 216. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1715">20 USC 1715</ref>.</p></sidenote> <content class="inline">In the formulation of remedies under section 213 or 214 of this part the lines drawn by a State, subdividing its territory into separate school districts, shall not be ignored or altered except where it is established that the lines were drawn for the purpose, and had the effect, of segregating children among public schools on the basis of race, color, sex, or national origin.</content> </section> <section> <heading class="smallCaps centered">voluntary adoption of remedies</heading> <num value="217"><inline class="smallCaps">Sec</inline>. 217. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1716">20 USC 1716</ref>.</p></sidenote> <content class="inline">Nothing in this part prohibits an educational agency from proposing, adopting, requiring, or implementing any plan of desegregation, otherwise lawful, that is at variance with the standards set out in this part nor shall any court, department, or agency of the United States be prohibited from approving implementation of a plan which goes beyond what can be required under this part, if such plan is voluntarily proposed by the appropriate educational agency.</content> </section> <section> <heading class="smallCaps centered">reopening proceedings</heading> <num value="218"><inline class="smallCaps">Sec</inline>. 218. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1717">20 USC 1717</ref>.</p></sidenote> <content class="inline">A parent or guardian of a child, or parents or guardians of children similarly situated, transported to a public school in accordance with a court order, or an educational agency subject to a court order or a desegregation plan under title VI of the Civil Rights <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2000d">42 USC 2000d</ref>.</p></sidenote>Act of 1964 in effect on the date of the enactment of this part and intended to end segregation of students on the basis of race, color, or national origin, may seek to reopen or intervene in the further implementation of such court order, currently in effect, if the time or distance of travel is so great as to risk the health of the student or significantly impinge on his or her educational process.</content> </section> <section> <heading class="smallCaps centered">limitation on orders</heading> <num value="219"><inline class="smallCaps">Sec</inline>. 219. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1718">20 USC 1718</ref>.</p></sidenote> <content class="inline">Any court order requiring, directly or indirectly, the transportation of students for the purpose of remedying a denial of the equal protection of the laws may, to the extent of such transportation, be terminated if the court finds the defendant educational agency has satisfied the requirements of the fifth or fourteenth amendments to the Constitution, whichever is applicable, and will continue to be in compliance with the requirements thereof. The court of initial jurisdiction shall state in its order the basis for any decision to terminate an order pursuant to this section, and the termination of any order pursuant to this section shall be stayed pending a final appeal or, in the event no appeal is taken, until the time for any such appeal has expired. No additional order requiring such educational agency to transport students for such purpose shall be entered unless such agency is found not to have satisfied the requirements of the fifth or fourteenth amendments to the Constitution, whichever is applicable.</content> </section> </subpart> <subpart> <num value="5">Subpart 5—</num> <heading class="inline">Definitions</heading> <section class="firstIndent1 fontsize10"> <num value="221"><inline class="smallCaps">Sec</inline>. 221. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1720">20 USC 1720</ref>.</p></sidenote> <chapeau class="inline">For the purposes of this part—</chapeau> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">The term “educational agency” means a local educational agency or a “State educational agency” as defined by section 801 (k) <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s881">20 USC 881</ref>.</p></sidenote>of the Elementary and Secondary Education Act of 1965.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The term “local educational agency” means a local educational agency as defined by section 801 (f) of the Elementary and Secondary Education Act of 1965.</content> </subsection> <page identifier="/us/stat/88/519">88 <inline class="smallCaps">Stat</inline>. 519</page> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The term “segregation” means the operation of a school system in which students are wholly or substantially separated among the schools of an educational agency on the basis of race, color, sex, or national origin or within a school on the basis of race, color, or national origin.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The term “desegregation” means desegregation as defined by section 401(b) of the Civil Rights Acts of 1964.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2000c">42 USC 2000c</ref>.</p></sidenote></content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">An educational agency shall be deemed to transport a student if any part of the cost of such student’s transportation is paid by such agency.</content> </subsection> </section> </subpart> <subpart> <num value="6">Subpart 6—</num> <heading class="inline">Miscellaneous Provisions</heading> <section> <heading class="smallCaps centered">repealer</heading> <num value="222"><inline class="smallCaps">Sec</inline>. 222. </num> <content class="inline">Section 709(a)(3) of the Emergency School Aid Act is<sidenote><p class="firstIndent1 fontsize8">Repeal.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1608">20 USC 1608</ref>.</p></sidenote> hereby repealed.</content> </section> <section> <heading class="smallCaps centered">separability of provisions</heading> <num value="223"><inline class="smallCaps">Sec</inline>. 223. </num> <content class="inline">If any provision of this part or of any amendment made<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1721">20 USC 1721</ref>.</p></sidenote> by this part, or the application of any such provision to any person or circumstance, is held invalid, the remainder of the provisions of this part and of the amendments made by this part and the application of such provision to other persons or circumstances shall not be affected thereby.</content> </section> </subpart> </part> <part> <num value="B"><inline class="smallCaps">Part B</inline>—</num> <heading class="inline"><inline class="smallCaps">Other Provisions Relating to the Assignment and Transportation of Students</inline></heading> <section> <heading class="smallCaps centered">prohibition against assignment or transportation of students to overcome racial imbalance</heading> <num value="251"><inline class="smallCaps">Sec</inline>. 251. </num> <content class="inline">No provision of this Act shall be construed to require the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1751">20 USC 1751</ref>.</p></sidenote> assignment or transportation of students or teachers in order to overcome racial imbalance.</content> </section> <section> <heading class="smallCaps centered">prohibition against use of appropriated funds for busing</heading> <num value="252"><inline class="smallCaps">Sec</inline>. 252. </num> <content class="inline">Part B of the General Education Provisions Act, as amended by title V of this Act, is amended by adding at the end<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 556.</p></sidenote> thereof the following new section: <quotedContent> <section> <heading class="smallCaps centered">“prohibition against use of appropriated funds for busing</heading> <num value="420">“<inline class="smallCaps">Sec</inline>. 420. </num> <content class="inline">No funds appropriated for the purpose of carrying out<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1228">20 USC 1228</ref>.</p></sidenote> any applicable program may be used for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system, except for funds appropriated pursuant to title I of the Act of September 30, 1950 (P.L. 874, 81st Congress), but not including any portion of such funds<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s236">20 USC 236</ref>.</p></sidenote> as are attributable to children counted under subparagraph (C) of section 3(d)(2) or section 403(1)(C) of that Act.”<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 523.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s244">20 USC 244</ref>.</p></sidenote></content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">provision relating to court appeals</heading> <num value="253"><inline class="smallCaps">Sec</inline>. 253. </num> <content class="inline">Notwithstanding any other law or provision of law, in the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1752">20 USC 1752</ref>.</p></sidenote> case of any order on the part of any United States district court, which requires the transfer or transportation of any student or students from <page identifier="/us/stat/88/520">88 <inline class="smallCaps">Stat</inline>. 520</page>any school attendance area prescribed by competent State or local authority for the purposes of achieving a balance among students with respect to race, sex, religion, or socioeconomic status, tire effectiveness of such order shall be postponed until all appeals in connection with such order have been exhausted or, in the event no appeals are taken, until the time for such appeals has expired. This section shall expire at midnight on June 30, 1978.</content> </section> <section> <heading class="smallCaps centered">provision requiring that rules of evidence be uniform</heading> <num value="254"><inline class="smallCaps">Sec</inline>. 254. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1753">20 USC 1753</ref>.</p></sidenote> <content class="inline">The rules of evidence required to prove that State or local authorities are practicing racial discrimination in assigning students to public schools shall be uniform throughout the United States.</content> </section> <section> <heading class="smallCaps centered">application of proviso of section 407(a) of the civil rights act of 1004 to the entire united states</heading> <num value="255"><inline class="smallCaps">Sec</inline>. 255. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1754">20 USC 1754</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2000c–6">42 USC 2000c–6</ref>.</p></sidenote> <content class="inline">The proviso of section 407(a) of the Civil Rights Act of 1964 providing in substance that no court or official of the United States shall be empowered to issue any older seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards shall apply to all public school pupils and to every public school system, public school and public school board, as defined by title IV, under all circumstances and conditions and at all times in every State, district, territory, Commonwealth, or possession of the United States, regardless of whether the residence of such public school pupils or the principal offices of such public school system, public school or public school board is situated in the northern, eastern, western, or southern part of the United States.</content> </section> <section> <heading class="smallCaps centered">additional priority of remedies</heading> <num value="256"><inline class="smallCaps">Sec</inline>. 256. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1755">20 USC 1755</ref>.</p></sidenote> <content class="inline">Notwithstanding any other provision of law, after June 30, 1974 no court of the United States shall order the implementation of any plan to remedy a finding of de jure, segregation which involves the transportation of students, unless the court first finds that all alternative remedies are inadequate.</content> </section> <section> <heading class="smallCaps centered">remedies with respect to school district lines</heading> <num value="257"><inline class="smallCaps">Sec</inline>. 257. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1756">20 USC 1756</ref>.</p></sidenote> <content class="inline">In the formulation of remedies under this title the lines drawn by a State subdividing its territory into separate school districts, shall not be ignored or altered except where it is established that the lines were drawn, or maintained or crossed for the purpose, and had the effect of segregating children among public schools on the basis of race, color, sex, or national origin, or where it is established that, as a result of discriminatory actions within the school districts, the lines have had the effect of segregating children among public schools on the basis of race, color, sex, or national origin.</content> </section> <section> <heading class="smallCaps centered">prohibition of forced busing during school year</heading> <num value="258"><inline class="smallCaps">Sec</inline>. 258. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1757">20 USC 1757</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Congress finds that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the forced transportation of elementary and secondary school students in implementation of the constitutional requirement for the desegregation of such schools is controversial and difficult under the best planning and administration; and</content> </paragraph> <page identifier="/us/stat/88/521">88 <inline class="smallCaps">Stat</inline>. 521</page> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the forced transportation of elementary and secondary school students after the commencement of an academic school year is educationally unsound and administratively inefficient, (b) Notwithstanding any other provisions of law, no order of a court, department, or agency of the United States, requiring the transportation of any student incident to the transfer of that student from one elementary or secondary school to another such school in a local educational agency pursuant to a plan requiring such transportation for the racial desegregation of any school in that agency, shall be effective until the beginning of an academic school year.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">For the purpose of this section, the term “academic school year”<sidenote><p class="firstIndent1 fontsize8">“Academic school year.”</p></sidenote> means, pursuant to regulations promulgated by the Commissioner, the customary beginning of classes for the school year at an elementary or secondary school of a local educational agency for a school year that occurs not more often than once in any twelve-month period.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The provisions of this section apply to any order which was not implemented at the beginning of the 1974–1975 academic year.</content> </subsection> </section> <section> <heading class="smallCaps centered">reasonable time for developing voluntary plan for desegregating schools</heading> <num value="259"><inline class="smallCaps">Sec</inline>. 259. </num> <content class="inline">Notwithstanding any other law or provision of law, no<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1758">20 USC 1758</ref>.</p></sidenote> court or officer of the United States shall enter, as a remedy for a denial of equal educational opportunity or a denial of equal protection of the laws, any order for enforcement of a plan of desegregation or modification of a court-approved plan, until such time as the local educational agency to be affected by such order has been provided notice of the details of the violation and given a reasonable opportunity to develop a voluntary remedial plan. Such time shall permit the local educational agency sufficient opportunity for community participation in the development of a remedial plan.</content> </section> </part> <num value="III">TITLE III—</num> <heading class="inline">FEDERAL IMPACT AID PROGRAMS</heading> <section> <heading class="smallCaps centered">duration of payments under public law 815, eighty-first congress</heading> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The first sentence of section 3 of the Act of September 23, 1950 (Public Law 815, Eighty-first Congress) is amended<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s633">20 USC 633</ref>.</p></sidenote> by striking out “<quotedText>June 30, 1973</quotedText>” and inserting in lieu thereof “<quotedText>June 30, 1978</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 15(15) of such Act is amended by striking out “<quotedText>1968–1969</quotedText>”<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s645">20 USC 645</ref>.</p></sidenote> and inserting in lieu thereof “<quotedText>1973–1974</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 16(a) of such Act is amended in clause (1)(A) thereof,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s646">20 USC 646</ref>.</p></sidenote> by striking out “<quotedText>July 1, 1973</quotedText>” and inserting in lieu thereof “<quotedText>July 1, 1978</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The amendments made by this section shall be effective on and<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s633">20 USC 633 note</ref>.</p></sidenote> after July 1, 1973.</content> </subsection> </section> <section> <heading class="smallCaps centered">amendments to public law 815, eighty-first congress</heading> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 5(a)(1) of such Act of September 23, 1950 (Public Law 815, Eighty-first Congress) is amended by striking out<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s635">20 USC 635</ref>.</p></sidenote> “<quotedText>(A) who so resided with a parent employed on Federal property (situated in whole or in part in the same State as the school district of such agency or within reasonable commuting distance from such school district), or (B) who had a parent who was on active duty in the uniformed services (as defined in section 102 of the Career Compensation Act of 1949),</quotedText>”.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t37/s10">37 USC 101</ref></p></sidenote></content> </paragraph> <page identifier="/us/stat/88/522">88 <inline class="smallCaps">Stat</inline>. 522</page> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s635">20 USC 635</ref>.</p></sidenote>(2) </num> <content class="inline">Section 5(a)(2) of such Act is amended by striking out “<quotedText>residing on Federal property, or (B)</quotedText>” and by redesignating clause (C) as clause (B).</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s646">20 USC 646</ref>.</p></sidenote>(b) </num> <content class="inline">Section 16(a) of such Act is amended by inserting before the last sentence thereof the following new sentence: “<quotedText>For the purpose of the preceding sentence, the phrase ‘cost of construction incident to the restoration or replacement of the school facilities‘ includes such additional amounts as the Commissioner may approve in order to assure that the facilities, as restored or replaced, will afford appropriate protection against personal injuries resulting from a disaster.</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">duration of payments under title i of public law 874, eighty-first congress except section 3 thereof</heading> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 2(a) of the Act of September 30, 1950 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s237">20 USC 237</ref>.</p></sidenote>(Public Law 874, Eighty-first Congress) is amended by striking out “<quotedText>July 1, 1973</quotedText>” and inserting in lieu thereof “<quotedText>July 1, 1978</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s239">20 USC 239</ref>.</p></sidenote>(2) </num> <content class="inline">Section 4(a) of such Act is amended, in that part thereof which precedes clause (1), by striking out “<quotedText>July 1, 1973</quotedText>” and inserting in lieu thereof “<quotedText>July 1, 1978</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241–1">20 USC 241–1</ref>.</p></sidenote>(3) </num> <chapeau class="inline">Section 7(a) of such Act is amended—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">in clause (1)(A), by striking out “<quotedText>July 1, 1973,</quotedText>” and inserting in lieu thereof “<quotedText>July 1, 1978,</quotedText>”; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">in clause (1)(B), by inserting after “<quotedText>seriously damaged</quotedText>” the following: “<quotedText>prior to July 1, 1978</quotedText>”.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s237">20 USC 237 note</ref>.</p></sidenote>(b) </num> <content class="inline">The amendments made by this section shall be effective on and after July 1, 1973.</content> </subsection> </section> <section> <heading class="smallCaps centered">amendments to public law 874, eighty-first congress for fiscal year 1975</heading> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 3(b) of the Act of September 30, 1950 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s238">20 USC 238</ref>.</p></sidenote>(Public Law 874, Eighty-first Congress) is amended by striking out “<quotedText>July 1, 1973</quotedText>” and inserting in lieu thereof “<quotedText>July 1, 1975</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s238">20 USC 238 note</ref>.</p></sidenote>(2) </num> <content class="inline">The amendments made by this subsection shall be effective on and after July 1, 1973.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 3 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1"> <num value="f"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s236">20 USC 236</ref>.</p></sidenote>“(f) </num> <content class="inline">Notwithstanding any other provision of title I of this Act (including the provisions of section 5(c)), a local educational agency with respect to which the number of children determined for any fiscal year under subsection (a) amounts to at least 25 per centum of the total number of children who were in average daily attendance at the schools of such agency during such fiscal year and for whom such agency provided free public education, shall receive an amount equal to 100 per centum of the amounts to which such agency would be otherwise entitled under subsection (a) of this section.”.</content> </subsection> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s238">20 USC 238 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s240">20 USC 240</ref>.</p></sidenote>(2) </num> <content class="inline">The amendment made by this subsection shall be effective on and after July 1, 1974.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 5(d)(2) of such Act is amended by striking out “<quotedText>No</quotedText>” and inserting in lieu thereof “<quotedText>Except as provided in paragraph (3), no</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 5(d) of such Act is further amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="3">“(3)</num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">Notwithstanding paragraph (2) of this subsection, if a State has in effect a program of State aid for free public education for any fiscal year, which is designed to equalize expenditures for free public education among the local educational agencies of that State, <page identifier="/us/stat/88/523">88 <inline class="smallCaps">Stat</inline>. 523</page>payments under this title for any fiscal year may be taken into consideration by such State in determining the relative—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">financial resources available to local educational agencies in that State; and</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">financial need of such agencies for the provision of free public education for children served by such agency, provided that a State may consider as local resources funds received under this title only in proportion to the share that local revenues covered under a State equalization program are of total local revenues.</content> </clause> <continuation class="fontsize10">Whenever a State educational agency or local educational agency will<sidenote><p class="firstIndent1 fontsize8">Notice and hearing.</p></sidenote> be adversely affected by any decision of the Commissioner pursuant to this subsection, such agency shall be afforded notice and an opportunity for a hearing prior to the implementation of such decision.</continuation> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">The terms ‘State aid’ and ‘equalize expenditures’ as used in this<sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote> subsection shall be defined by the Commissioner by regulation after consultation with State and local educational agencies affected provided that, the term ‘equalize expenditures’ shall not be construed in any manner adverse to a program of State aid for free public education which provides for taking into consideration the additional cost of providing free public education for particular groups or categories of pupils in meeting the special educational needs of such children as handicapped children, economically disadvantaged, those who need bilingual education, and gifted and talented children.”.</content> </subparagraph> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The amendments made by this subsection shall be effective for<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s240">20 USC 240 note</ref>.</p></sidenote> fiscal year 1975 only.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 403(1) of such Act is amended by adding at the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s244">20 USC 244</ref>.</p></sidenote> end thereof the following: “<quotedText>Real property which qualifies as Federal property under clause (A) of this paragraph shall not lose such qualification because it is used for a low-rent housing project.</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Clause (A) of section 5(c)(1) of such Act is amended by inserting<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s240">20 USC 240</ref>.</p></sidenote> after “<quotedText>Economic Opportunity Act of 1964</quotedText>” the following: “<quotedText>(other than any such property which is Federal property described in section 403(1)(A))</quotedText>”.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">amendments to sections 3, 5, and 7 of public law 874, eighty-first congress</heading> <num value="305"><inline class="smallCaps">Sec</inline>. 305. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 3 of the Act of September 30, 1950 (Public<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s238">20 USC 238</ref>.</p></sidenote> Law 874, Eighty-first Congress), is amendea to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“children residing on, or whose parents are employed on, federal property</heading> <level> <heading class="centered">“Children of Persons Who Reside and Work on Federal Property</heading> <num value="3">“<inline class="smallCaps">Sec</inline>. 3. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">For the purpose of computing the amount to which a local educational agency is entitled under this section for any fiscal year, the Commissioner shall determine the number of children who were in average daily attendance at the schools of such agency, and for whom such agency provided free public education, during such fiscal year, and who, while in attendance at such schools, resided on Federal property and—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">did so with a parent employed on Federal property situated (A) in whole or in part in the county in which the school district of such agency is located, or (B) if not in such county, in whole or in part in the same State as the school district of such agency; or</content> </paragraph> <page identifier="/us/stat/88/524">88 <inline class="smallCaps">Stat</inline>. 524</page> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">had a parent who was on active duty in the uniformed services (as defined in section 101 of title 37, United States Code). In making a determination under clause (2) of the preceding sentence with respect to a local educational agency for any fiscal year, the Commissioner shall include the number of children who were in average daily attendance at the schools of such agency, and for whom such agency provided free public education, during such year, and who, while in attendance at such schools, resided on Indian lands, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s244">20 USC 244</ref>.</p></sidenote>as described in clause (A) of section 403 (1).</content> </paragraph> </subsection> </level> <level> <heading class="centered">“Children of Persons Who Reside or Work on Federal Property</heading> <subsection class="firstIndent1"> <num value="b">“(b) </num> <chapeau class="inline">For the purpose of computing the amount to which a local educational agency is entitled under this section for any fiscal year ending prior to July 1, 1978, the Commissioner shall, in addition to any determination made with respect to such agency under subsection (a), determine the number of children (other than children with respect to whom a determination is made for such fiscal year under subsection (a)) who were in average daily attendance at the schools of such agency, and for whom such agency provided free public education, during such fiscal year and who, while in attendance at such schools, either—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">resided on Federal property, or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">resided with a parent employed on Federal property situated (A) in whole or in part in the county in which the school district of such agency is located, or (B) if not in such county, in whole or in part in the same State as the school district of such agency,or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">had a parent who was on active duty in the uniformed services (as defined in section 101 of title 37, United States Code). For such purpose, with respect to a local educational agency, in the case of any fiscal year ending prior to July 1, 1978, the Commissioner shall also determine the number of children (other than children to whom subsection (a) or the preceding sentence applies) who were in average daily attendance at the schools of such agency and for whom such agency provided free public education, during such fiscal year, and who, while in attendance at such schools resided with a parent who was, at any time during the three-year period immediately preceding the beginning of the fiscal year for which the determination is made, a refugee who meets the requirements of clauses (A) and (B) of section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2601">22 USC 2601</ref>.</p></sidenote>2(b)(3) of the Migration and Refugee Assistance Act of 1962, except that the Commissioner shall not include in his determination under this sentence for any fiscal year any child with respect to whose education a payment was made under section 2(b)(4) of such Act.</content> </paragraph> </subsection> </level> <level> <heading class="centered">“Eligibility for Payments</heading> <subsection class="firstIndent1"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Except as is provided in paragraph (2), no local educational agency shall be entitled to receive a payment for any fiscal year with respect to a number of children determined under subsection (a) and subsection (b), unless the number of children so determined with respect to such agency amounts to—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">at least four hundred such children; or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">a number of such children which equals at least 3 per centum of the total number of children who were in average daily attendance, during such year, at the schools of such agency and for whom such agency provided free public education;</content> </subparagraph> <continuation class="fontsize10">whichever is the lesser.</continuation> </paragraph> <page identifier="/us/stat/88/525">88 <inline class="smallCaps">Stat</inline>. 525</page> <paragraph class="indent1 fontsize10"> <num value="2">“(2)</num> <subparagraph class="inline"> <num value="A">(A)</num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">Clause (B) of paragraph (1) shall not operate to make any local educational agency eligible, for a payment under this section for any fiscal year unless the number of children with respect to whom determination was made under subsections (a) and (b) respecting such agency for that fiscal year is at least ten.</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">If a local educational agency is eligible for a payment for any fiscal year by the operation of clause (B) of paragraph (1), it shall continue to be so eligible for the two succeeding fiscal years even if such agency fails to meet the requirement of such clause (B) during such succeeding fiscal years, except that the number of children determined for the second such succeeding fiscal year with respect to such agency for the purpose of any clause in paragraph (1) of subsection (d) shall not exceed 50 per centum of the number of children determined with respect to such agency for the purpose of that clause for the last fiscal year during which such agency was so eligible.</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <chapeau class="inline">If the Commissioner determines with respect to any local<sidenote><p class="firstIndent1 fontsize8">Waiver.</p></sidenote> educational agency for any fiscal year that—</chapeau> <subclause class="indent4 fontsize10"> <num value="I">“(I) </num> <content class="inline">such agency does not meet the requirement of clause (B) of paragraph (1); and</content> </subclause> <subclause class="indent4 fontsize10"> <num value="II">“(II) </num> <content class="inline">the application of such requirement, because of exceptional circumstances, would defeat the purposes of this title; the Commissioner is authorized to waive such requirement with respect to such agency.</content> </subclause> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">No local educational agency shall be entitled to receive a payment for any fiscal year with respect to a number of children determined under the second sentence of subsection (b) unless the number of children so determined constitutes at least 20 per centum of the total number of children who were in average daily attendance at the schools of such agency and for whom such agency, during such fiscal year, provided free public education.</content> </subparagraph> </paragraph> </subsection> </level> <level> <heading class="centered">“Amount of Payments</heading> <subsection class="firstIndent1"> <num value="d">“(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Except as is provided in paragraph (2), the amount to which a local educational agency shall be entitled under this section for any fiscal year shall be—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">in the case of any local educational agency with respect to which the number of children determined for such fiscal year under subsection (a) amounts to at least 25 per centum of the total number of children who were in average daily attendance at the schools of such agency during such fiscal year and for whom such agency provided free public education, an amount equal to 100 per centum of the local contribution rate multiplied by the number of children determined under such subsection plus the sum of the products obtained with respect to such agency under clauses (B)(iii), (B)(iv).and (B)(v); and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">in any other case, an amount equal to the sum of—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">the product obtained by multiplying 100 per centum of the local contribution rate by the number of children determined with respect to such agency for such fiscal year under clause (2) of subsection (a),</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">the product obtained by multiplying 90 per centum of the local contribution rate by the number of children determined with respect to such agency for such fiscal year under clause (1) of subsection (a),</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">the product obtained by multiplying 50 per centum of the local contribution rate by the number of children determined with respect to such agency for such fiscal year under clause (3) of subsection (b),</content> </clause> <page identifier="/us/stat/88/526">88 <inline class="smallCaps">Stat</inline>. 526</page> <clause class="indent3 fontsize10"> <num value="iv">“(iv) </num> <content class="inline">the product obtained by multiplying 45 per centum of the local contribution rate by the number of children determined with respect to such agency for such fiscal year under clauses (1) and (2)(A) of subsection (b), and</content> </clause> <clause class="indent3 fontsize10"> <num value="v">“(v) </num> <content class="inline">the product obtained by multiplying 40 per centum of the local contribution rate by the number of children determined with respect to such agency for such fiscal year under clause (2)(B) of subsection (b).</content> </clause> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2)</num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">Not later than December 1 during each fiscal year beginning after June 30, 1977, the Commissioner shall, except as is provided in clause (iii) in the third sentence of this subparagraph, determine the total number of children with respect to whom determinations are made under subsection (b) for all local educational agencies making application for payments under this section which meet the eligibility requirements set forth in subsection (c). The Commissioner shall determine the percentage which such number constitutes of the total number of children who were in average daily attendance at the schools of such agencies during such fiscal year and for whom such agencies provided tree public education. In calculating the products under clauses (B)(iii), (B)(iv), and (B)(v) of paragraph (1), with respect to any local educational agency for any fiscal year, the Commissioner shall reduce the number of children with respect to whom a determination is made under subsection (b) by a number equal to one-half of the number which the percentage determined under the preceding sentence constitutes of the total number of children with respect to whom such a determination is made and who were in average daily attendance at the schools of such agency during such fiscal year and for whom such agency provided free public education, except that—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">such percentage shall not exceed 4 per centum;</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">the number reduced shall not exceed three hundred; and</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">this subparagraph shall not apply to any local educational agency (I) with respect to which the number of children determined under subsection (b) for any fiscal year amounts to at least. 10 per centum of the total number of children who were in average daily attendance at the schools of such agency during such fiscal year and for whom such agency provided free public education, or (II) during any fiscal year in which such agency receives more than 25 per centum of the funds for its current expenditures from payments under this section.</content> </clause> <continuation class="fontsize10">In determining the total number of children who were in average daily attendance at the schools of an agency during any fiscal year under clause (iii)(I) in the preceding sentence, the number of children in such schools with respect to whom a determination is made under subsection (a) for such year shall not be considered.</continuation> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">If the Commissioner determines that—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">the amount computed under paragraph (1), as is otherwise provided in this subsection with respect to any local educational agency for any fiscal year, together with the funds available to such agency from State and local sources and from other sections of this title, is less than the amount necessary to enable such agency to provide a level of education equivalent to that maintained in the school districts of the State which are generally comparable to the school district of such agency;</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">such agency is making a reasonable tax effort and exercising due diligence in availing itself of State and other financial assistance;</content> </clause> <page identifier="/us/stat/88/527">88 <inline class="smallCaps">Stat</inline>. 527</page> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">not less than 50 per centum of the total number of children who were in average daily attendance at the schools of such agency during such fiscal year and for whom such agency provided free public education were, during such fiscal year, determined under either subsection (a) or clause (1) of subsection (b), or both; and</content> </clause> <clause class="indent3 fontsize10"> <num value="iv">“(iv) </num> <chapeau class="inline">the eligibility of such agency under State law for State aid with respect to free public education of children residing on Federal property, and the amount of such aid, are determined on a basis no less favorable to such agency than the basis used in determining the eligibility of local educational agencies for State aid, and the amount thereof, with respect to the free public education of other children in the State;</chapeau> <continuation class="fontsize10">the Commissioner is authorized, to increase the amount computed under paragraph (1) with respect to such agency for such fiscal year to the extent necessary to enable such agency to provide a level of education equivalent to that maintained in such comparable school districts. The Commissioner shall not, under the preceding sentence, increase the amount computed under paragraph (1) with respect to any local educational agency for any fiscal year to an amount which exceeds the product of—</continuation> <subclause class="indent4 fontsize10"> <num value="I">“(I) </num> <content class="inline">the amount the Commissioner determines to be the cost per pupil of providing a level of education maintained in such comparable school districts during such fiscal year, multiplied by—</content> </subclause> <subclause class="indent4 fontsize10"> <num value="II">“(II) </num> <content class="inline">the number of children determined with respect to such agency for such year under either subsection (a) or clause (1) of subsection (b), or both,</content> </subclause> </clause> <continuation class="fontsize10">minus the amount of State aid which the Commissioner determines to be available with respect to such children for the fiscal year for which the computation is being made.</continuation> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C)</num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">The amount of the entitlement of any local educational<sidenote><p class="firstIndent1 fontsize8">Special education programs entitlement.</p></sidenote> agency under this section for any fiscal year with respect to handicapped children and children with specific learning disabilities for whom a determination is made under subsection (a)(2) or (b)(3) and for whom such local educational agency is providing a program designed to meet the special educational and related needs of such children shall be the amount determined under paragraph (1) with respect to such children for such fiscal year multiplied by 150 per centum.</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">For the purposes of division (i), programs designed to meet the special educational and related needs of such children shall be consistent with criteria established under division (iii).</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">The Commissioner shall by regulation establish criteria for<sidenote><p class="firstIndent1 fontsize8">Criteria.</p></sidenote> assuring that programs (including preschool programs) provided by local educational agencies for children with respect to whom this subparagraph applies are of sufficient size, scope, and quality (taking into consideration the special educational needs of such children) as to give reasonable promise of substantial progress toward meeting those needs, and in the implementation of such regulations the Commissioner shall consult with persons in charge of special education programs for handicapped children in the educational agency of the State in which such local educational agency is located.</content> </clause> <clause class="indent3 fontsize10"> <num value="iv">“(iv) </num> <content class="inline">For the purpose of this subparagraph the term ‘handicapped<sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote> children’ has the same meaning as specified in section 602(1) of the Education of the Handicapped Act and the term ‘children with specific<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1401">20 USC 1401</ref>.</p></sidenote> learning disabilities’ has the same meaning as specified in section 602(15) of such Act.</content> </clause> </subparagraph> <page identifier="/us/stat/88/528">88 <inline class="smallCaps">Stat</inline>. 528</page> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8">Local contribution rate.</p></sidenote>“(3)</num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">Except as is provided ill subparagraph (B), in order to compute the local contribution rate for a local educational agency for any fiscal year, the Commissioner, after consulting with the State educational agency of the State in which the local educational agency is located and with the local educational agency, shall determine which school districts within such State are generally comparable to the school district of the local educational agency for which the computation <sidenote><p class="firstIndent1 fontsize8">Formula.</p></sidenote>is being made. The local contribution rate for such agency shall be the quotient of—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, which the local educational agencies of such comparable school districts derived from local sources,</content> </clause> <continuation class="fontsize10">divided by—</continuation> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">the aggregate number of children in average daily attendance for whom such agency provided free public education during such second preceding fiscal year.</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B)</num> <clause class="inline"> <num value="i">(i) </num> <chapeau class="inline">The local contribution rate for a local educational Agency in any State shall not be less than—</chapeau> <subclause class="indent4 fontsize10"> <num value="I">“(I) </num> <content class="inline">50 per centum of the average per pupil expenditure in such State, or</content> </subclause> <subclause class="indent4 fontsize10"> <num value="II">“(II) </num> <content class="inline">50 per centum of such expenditures in all the States,</content> </subclause> <continuation class="fontsize10">whichever is greater, except that clause (II) shall not operate in such a manner as to make the local contribution rate for any local educational agency in any State exceed an amount equal to the average per pupil expenditure in such State.</continuation> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">If the current expenditures in those school districts which the Commissioner has determined to be generally comparable to the school district of the local educational agency for which a computation is made under subparagraph (A) are not reasonably comparable because of unusual geographical factors which affect the current expenditures necessary to maintain, in the school district of such agency, a level of education equivalent to that maintained in such other school districts, the Commissioner is authorized to increase the local contribution rate for such agency by such an amount which he determines will compensate such agency for the increase in current expenditures necessitated by such unusual geographical factors.</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <chapeau class="inline">The local contribution rate for any local educational agency in—</chapeau> <subclause class="indent4 fontsize10"> <num value="I">“(I) </num> <content class="inline">Puerto Rico, Wake Island, Guam, American Samoa, or the Virgin Islands, or</content> </subclause> <subclause class="indent4 fontsize10"> <num value="II">“(II) </num> <content class="inline">any State in which a substantial proportion of the land is in unorganized territory, or</content> </subclause> <subclause class="indent4 fontsize10"> <num value="III">“(III) </num> <content class="inline">any State in which there is only one local education agency.</content> </subclause> </clause> <continuation class="fontsize10">shall be determined for any fiscal year by the Commissioner in accordance with policies and principles which will best achieve the purposes of this section and which are consistent with the policies and principles provided in this paragraph for determining local contribution rates in States where it is possible to determine generally comparable school districts.</continuation> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C"><sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote>“(C) </num> <chapeau class="inline">For the purposes of this paragraph—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">the term ‘State’ does not include Puerto Rico, Wake Island, Guam, American Samoa, or the Virgin Islands; and</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">the ‘average per pupil expenditure’ in a State shall be (I) the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made of all local educational agencies in the State, divided by (II) the <page identifier="/us/stat/88/529">88 <inline class="smallCaps">Stat</inline>. 529</page>aggregate number of children in average daily attendance for whom such agencies provide free public education during such second preceding fiscal year.</content> </clause> </subparagraph> </paragraph> </subsection> </level> <level> <heading class="centered">“Adjustments for Decreases in Federal Activities</heading> <subsection class="firstIndent1"> <num value="e">“(e) </num> <chapeau class="inline">Whenever the Commissioner determines that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">for any fiscal year, the number of children determined with respect to any local educational agency under subsections (a) and (b) is less than 90 per centum of the number so determined with respect to such agency during the preceding fiscal year;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">there has been a decrease, or cessation of Federal activities within the State in which such agency is located; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">such decrease or cessation has resulted in a substantial decrease in the number of children determined under subsections (a) and (b) with respect to such agency for such fiscal year;</content> </paragraph> <continuation class="fontsize10">the amount to which such agency is entitled for such fiscal year and for any of the three succeeding fiscal years shall not be less than 90 per centum of the amount to which such agency was so entitled for the preceding fiscal year. That part of any entitlement of any local educational agency which is in excess of the amount which such entitlement would be without the operation of the preceding sentence shall be deemed to be attributable to determinations of children with respect to such agency under subsection (b)(2)(A).</continuation> </subsection> </level> <level> <heading class="centered">“Determinations on the Basis of Estimates</heading> <subsection class="firstIndent1"> <num value="f">“(f) </num> <content class="inline">Determinations with respect to a number of children by the Commissioner under this section for any fiscal year shall be made, whenever actual satisfactory data are not available, on the basis of estimates. No such determination shall operate, because of an underestimate, to deprive any local educational agency of its entitlement to any payment (or the amount thereof) under this section to which such agency would be entitled had such determination been made on the basis of accurate data.”.</content> </subsection> </level> </section> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 5 of such Act is amended to read as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s240">20 USC 240</ref>.</p></sidenote> <quotedContent> <level> <heading class="smallCaps centered">“payments</heading> <level> <heading class="centered">“Applications</heading> <section class="firstIndent1 fontsize10"> <num value="5">“<inline class="smallCaps">Sec</inline>. 5. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Any local educational agency desiring to receive the payments to which it is entitled for any fiscal year under sections 2, 3, or 4 shall submit an application therefor through the State educational<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s237">20 USC 237</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 523.</p><p class="firstIndent1 fontsize8">20 USC 239.</p></sidenote> agency of the State in which such agency is located to the Commissioner. Such applications shall be submitted at such time, in such form, and containing such information as the Commissioner may reasonably require to enable him to carry out his functions under this title and shall give adequate assurance that the applicant, will submit such reports as the Commissioner may reasonably require to<sidenote><p class="firstIndent1 fontsize8">Reports.</p></sidenote> determine whether such agency is entitled to a payment under any of such sections and the amount of such payment.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Applications submitted under paragraph (1) for payments on the basis of children determined under section 3(a) or 3(B) who reside, or reside with a parent employed, on Indian lands shall set forth adequate assurance that Indian children will participate on an equitable oasis in the school program of the local educational agency.</content> </subparagraph> <page identifier="/us/stat/88/530">88 <inline class="smallCaps">Stat</inline>. 530</page> <subparagraph class="indent2 fontsize10"> <num value="B"><sidenote><p class="firstIndent1 fontsize8">“Indian lands.”</p></sidenote>“(B) </num> <content class="inline">For the purposes of this paragraph, the term ‘Indian lands’ means that property included within the definition of Federal property <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s244">20 USC 244</ref>.</p></sidenote>under clause (A) of section 403(1).</content> </subparagraph> </paragraph> </subsection> <level> <heading class="centered">“Payments by the Commissioner</heading> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The Commissioner shall pay to each local educational agency, making application pursuant to subsection (a), the amount to which <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s237">20 USC 237</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 523.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s239">20 USC 239</ref>.</p></sidenote>it is entitled under sections 2, 3, or 4. Sums appropriated, for any fiscal year, to enable the Commissioner to make payments pursuant to this title shall, notwithstanding any other provision of law unless enacted in express limitation of this subsection, remain available for obligation and payments with respect to amounts due local educational agencies under this title for such fiscal year, until the end of the fiscal year succeeding the fiscal year for which such sums are appropriated.</content> </subsection> </level> <level> <heading class="centered">“Adjustments Where Necessitated by Appropriations</heading> <subsection class="firstIndent1"> <num value="c">“(c) </num> <chapeau class="inline">If the sums appropriated for any fiscal year for making payments on the basis of entitlements established under sections 2, 3, and 4 for that year are not sufficient to pay in full the total amounts which the Commissioner estimates all local educational agencies are entitled to receive under such sections for such year, the Commissioner shall allocate such sums among local educational agencies and make payments to such agencies as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">be shall first allocate to each local educational agency which is entitled to a payment under section 2 and section 3 an amount equal to 25 per centum of the amount to which it is entitled as computed under section 2 or section 3(d), as the case may be, for such fiscal year.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">From that part of such sums which remains after the allocation required by paragraph (1) for any fiscal year, he shall allocate an additional amount—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">to each local educational agency described in clause (A) of section 3(d)(1) which equals 75 per centum of the amount to which such agency is entitled, as computed under section 3(d) with respect to a determination of a number of children under section 3(a), for such fiscal year;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">to each local educational agency with respect to which a number of children is determined under clause (2) of section 3(a) which equals 65 per centum of the amount to which such agency is entitled on the basis of determining such children as computed under section 3(d), for such fiscal year;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">to each local educational agency with respect to which a number of children is determined under clause (1) of section 3(a) which equals 63 per centum of the amount to which such agency is entitled on the basis of determining such children, as computed under section 3(d), for such fiscal year;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">to each local educational agency with respect to which a number of children is determined under clause (3) of section 3(b) which equals 35 per centum of the amount to which such agency is entitled on the basis of determining such children, as computed under section 3(d), for such fiscal year;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content class="inline">to each local educational agency with respect to which a number of children determined under clause (1) and clause (2)(A) of section 3(b) which equals 32 per centum of the amount to which such agency is entitled on the basis of determining such children, as computed under section 3(d) for such fiscal year;</content> </subparagraph> <page identifier="/us/stat/88/531">88 <inline class="smallCaps">Stat</inline>. 531</page> <subparagraph class="indent2 fontsize10"> <num value="F">“(F) </num> <content class="inline">to each local educational agency with respect to which a number of children is determined under clause (2)(B) of section 3(b) which equals 28 per centum of the amount to which such agency is entitled on the basis of determining such children, as computed under section 3(d), for such fiscal year; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="G">“(G) </num> <content class="inline">to each local educational agency with respect to the amount to which such agency is entitled under section 2 which equals 35 per centum of the amount to which such agency is entitled on the basis of computations made under section 2 for such fiscal year.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">Any sums remaining after allocations are made pursuant to paragraph (2) for any fiscal year shall be allocated by the Commissioner among local educational agencies which have unsatisfied entitlements established under sections 2, 3, and 4 in proportion to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s237">20 USC 237</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 523.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s239">20 USC 239</ref>.</p></sidenote> the degree to which such entitlements are unsatisfied for that fiscal year, after allocations are made pursuant to paragraphs (1) and (2).</content> </paragraph> <continuation class="fontsize10">No allocation may be made pursuant to paragraph (2) or (3) and no<sidenote><p class="firstIndent1 fontsize8">Restrictions.</p></sidenote> payment may be paid on the basis of any such allocation unless allocations are made pursuant to paragraph (1) and payments are made on the basis of such allocations. No allocation may be made pursuant to any clause of paragraph (2) and no payment may be made on the basis of any such allocation unless allocations are made pursuant to all of the clauses of such paragraph and payments are made on the basis of such allocations.</continuation> </subsection> </level> <level> <heading class="centered">“Treatment of Payments by the States in Determining Eligibility for, and the Amount of, State Aid</heading> <subsection class="firstIndent1"> <num value="d">“(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Except as provided in paragraph (2), no payments may be made under this title for any fiscal year to any local educational agency in any State</chapeau> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">if that State has taken into consideration payments under this title in determining—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">the eligibility of any local educational agency in that State for State aid for free public education of children; or</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">the amount of such aid with respect to any such agency; during that fiscal year or the preceding fiscal year, or (B) if such State makes such aid available to local educational agencies in such a manner as to result in less State aid to any local educational agency which is eligible for payments under this title than such agency would receive if such agency were not so eligible.</content> </clause> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2)</num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">Notwithstanding paragraph (1) of this subsection, if a State has in effect a program of State aid for free public education for any fiscal year, which is designed to equalize expenditures for free public education among the local educational agencies of that State, payments under this title for any fiscal year may be taken into consideration by such State in determining the relative—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">financial resources available to local educational agencies in that State; and</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">financial need of such agencies for the provision of free public education for children served by such agency, provided that, a State may consider as local resources funds received under this title only in proportion to the share that local revenues covered under a State equalization program are of total local revenues.</content> </clause> <continuation class="fontsize10">Whenever a State educational agency or local educational agency will be adversely affected by the operation of this subsection, such agency <page identifier="/us/stat/88/532">88 <inline class="smallCaps">Stat</inline>. 532</page><sidenote><p class="firstIndent1 fontsize8">Notice and hearing opportunity.</p><p class="firstIndent1 fontsize8">Definitions.</p></sidenote>shall be afforded notice and an opportunity for a hearing prior to the reduction or termination of payments pursuant to this subsection.</continuation> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">The terms ‘State aid’ and ‘equalize expenditures’ as used in this subsection shall be defined by the Commissioner by regulation, after consultation with State and local educational agencies affected by this subsection, provided that the term ‘equalize expenditures’ shall not be construed in any manner adverse to a program of State aid for free public education which provides for taking into consideration the additional cost of providing free public education for particular groups or categories of pupils in meeting the special educational needs of such children as handicapped children, economically disadvantaged, those who need bilingual education, and gifted and talented children.</content> </subparagraph> </paragraph> </subsection> </level> <level> <heading class="centered">“Limitations on Payments with Respect to Children on, or Residing with a Parent Employed on, Federal Property Described in Section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s244">20 USC 244</ref>.</p></sidenote>403(1)(C)</heading> <subsection class="firstIndent1"> <num value="e">“(e)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Commissioner shall determine that part of the entitlement of each local educational agency, for each fiscal year ending prior to July 1, 1978, which is attributable to determinations under <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 523.</p></sidenote>subsections (a) and (b) of section 3 of the number of children who resided on, or resided with a parent employed on, property which is described in section 403(1)(C).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">No allocation or payment shall be made under paragraph (2) of subsection (c) with respect to that part of any entitlement of any local educational agency which is determined with respect to suck agency for such year under paragraph (1). The limitation in this paragraph shall not operate under the last two sentences of subsection (c) to prevent allocations and payments under such paragraph</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The amount of the payment to any local educational agency which is determined with respect to such agency under paragraph (1) shall be used for special programs and projects designed to meet the special educational needs of educationally deprived children from low income families.</content> </paragraph> </subsection> </level> <level> <heading class="centered">“Use of Funds Paid with Respect to Entitlements Increased Under Section 3(d)(2)(C)</heading> <subsection class="firstIndent1"> <num value="f">“(f) </num> <content class="inline">The amount of the payment to any local educational agency for any fiscal year which is attributable to a determination of children for increased payments under subparagraph (C) of section 3(d)(2) shall be used by such agency for special educational programs designed to meet the special educational needs of children with respect to whom such determination is made.”.</content> </subsection> </level> </section> </level> </level> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241–1">20 USC 241–1</ref>.</p></sidenote>(3) </num> <content class="inline">Section 7(c) of such Act is amended by striking out the second sentence thereof and inserting in lieu thereof the following: “<quotedContent>Pending such appropriation, the Commissioner is authorized to expend (without regard for subsections (a) and (e) of section 3679 of the Revised Statutes (31 U.S.C. 665)) from any funds appropriated to the Office of Education and at that time available to the Commissioner, such sums as may be necessary for providing immediate assistance under this section. Expenditures pursuant to the preceding sentence shall— <paragraph class="indent1 fontsize10"> <num value="1"><sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote>“(1) </num> <content class="inline">be reported by the Commissioner to the Committees on Appropriations and Education and Labor of the House of Representatives and the Committees on Appropriations and Labor and Public Welfare of the Senate within thirty days of the expenditure;</content> </paragraph> <page identifier="/us/stat/88/533">88 <inline class="smallCaps">Stat</inline>. 533</page> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">be reimbursed from the appropriations authorized by the first sentence of this subsection.</content> </paragraph> <continuation class="fontsize10">The report required to the Committees on Appropriations by clause<sidenote><p class="firstIndent1 fontsize8">Budget estimate.</p></sidenote> (1) in the preceding sentence shall constitute a budget estimate within the meaning of section 201(a)(5) of the Act of June 10, 1921 (31 U.S.C. 11(a)(5)).”.</continuation> <continuation class="firstIndent1 fontsize10">The amendments made by paragraphs (1) and (2) of subsection (a)<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s238">20 USC 238 note</ref>.</p></sidenote> shall be effective on and with respect to appropriations for fiscal years beginning on and after July 1, 1975, and the amendments made by paragraph (3) of subsection (a) shall be effective upon enactment of this Act.</continuation> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2)</num> <subparagraph class="inline"> <num value="A">(A)</num> <clause class="inline"> <num value="i">(i) </num> <chapeau class="inline">Notwithstanding any other provision of law unless<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s238">20 USC 238 note</ref>.</p></sidenote> enacted in express limitation of this subparagraph—</chapeau> <subclause class="indent4 fontsize10"> <num value="I">(I) </num> <content class="inline">in the case of any local educational agency which is entitled to a payment under section 3 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) for the fiscal year ending<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 523.</p></sidenote> June 30, 1973, which constituted an amount equal to not less than 10 per centum of the current expenditures of such agency for such fiscal year, the amount paid to such agency pursuant to such Act of September 30, 1950, for any fiscal year beginning<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s236">20 USC 236</ref>.</p></sidenote> after June 30, 1974, and ending prior to July 1, 1978, on the basis of the entitlement of that agency under such section 3, shall not Ire less than 90 per centum of the amount paid to such agency on the basis of such entitlement for the preceding fiscal year; and</content> </subclause> <subclause class="indent4 fontsize10"> <num value="II">(II) </num> <content class="inline">in the case of any other local educational agency, the amount so paid during any fiscal year beginning after June 30, 1974, and ending prior to July 1, 1978, shall not be less than 80 per centum of the amount so paid for the preceding fiscal year.</content> </subclause> <continuation class="fontsize10">In the case of any local educational agency which is eligible prior to July 1, 1975, for a payment, under section 3 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) by reason of the 3 percentum requirement in clause (B) of section 3(c)(2) of such Act, as in effect prior to the effective date of the amendment made by paragraph (1) of subsection (a), but which fails to meet such requirement in any fiscal year ending prior to July 1, 1977, such agency shall continue to be eligible for a payment under such section 3 as then in effect for the two succeeding fiscal years, but the payment under such section during the second of such succeeding fiscal years shall not exceed 50 per centum of the amount of the payment such agency was entitled to receive during the most recent fiscal year in which it was so eligible by reason of such clause (B).</continuation> </clause> <clause class="indent3 fontsize10"> <num value="ii">(ii) </num> <chapeau class="inline">Funds appropriated for any fiscal year for making payments to local educational agencies pursuant to the. Act of September 30, 1950 (Public. Law 874. Eighty-first Congress), which are increased by reason of the provisions of division (i) shall, to the extent of any such increase, be separate from funds appropriated for such fiscal year for payments pursuant to title I of such Act which are not so increased. If, for any fiscal year, a law making appropriations for payments pursuant to such title I is enacted and such law makes no express provision for payments increased by division (i)—</chapeau> <subclause class="indent4 fontsize10"> <num value="I">(I) </num> <content class="inline">all funds so appropriated shall be allocated and paid in accordance with section 5 of such Act of September 30, 1950, and<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 529.</p></sidenote> without regard for the provisions of division (i); and</content> </subclause> <subclause class="indent4 fontsize10"> <num value="II">(II) </num> <content class="inline">not later than fifteen days after the enactment of such<sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote> law, the Commissioner shall submit a report to the Committees on Appropriations and on Education and Labor of the House of Representatives and the Committees on Appropriations and <page identifier="/us/stat/88/534">88 <inline class="smallCaps">Stat</inline>. 534</page>Labor and Public Welfare of the Senate, which report shall contain a statement detailing the dollar amounts necessary to satisfy the requirements of division (i) and constitute a budget estimate within the meaning of section 201(a)(5) of the Act of June 10, 1921 (31 U.S.C. 11(a)(5)).</content> </subclause> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B"><sidenote><p class="firstIndent1 fontsize8">Decreased enrollment.</p></sidenote>(B) </num> <chapeau class="inline">In the case of any local educational agency which experiences a decrease in the number of children determined by the Commissioner of Education under section 3 of the Act of September 30, 1950 (Public <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 523.</p></sidenote>Law 874, Eighty-first Congress) of 10 per centum or more of such number—</chapeau> <clause class="indent3 fontsize10"> <num value="i">(i) </num> <content class="inline">during the fiscal year ending June 30, 1974, or the fiscal year ending June 30, 1975; or</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">(ii) </num> <content class="inline">during the period beginning July 1, 1973, and ending June 30, 1975;</content> </clause> <continuation class="fontsize10">as the result of a decrease in, or cessation of. Federal activities affecting military installations in the United States announced after April 16, 1973, the amount of the payment to which such agency shall be entitled under title I of such Act, as computed under section 3 of such Act, for any fiscal year ending prior to July 1, 1978, shall not be less than 90 per centum of the amount to which the agency was so entitled <sidenote><p class="firstIndent1 fontsize8">Effective date.</p></sidenote>during the preceding fiscal year. The provisions of this subparagraph shall be effective on and after July 1, 1974, and with respect to appropriations for the fiscal year ending June 30, 1975, and succeeding fiscal years, and such provisions shall be deemed to have been enacted before the beginning of the fiscal year ending June 30, 1975. Nothing in this subparagraph shall be construed to decrease the amount of the payment to which any local educational agency is entitled for any fiscal year on the basis of entitlements created under section 3 of such Act of September 30, 1950.</continuation> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">During the first fiscal year in which the amendments made by subsection (a) are effective and each of the succeeding fiscal years ending prior to July 1, 1978, the Commissioner shall determine with respect to each local educational agency in any State the number of children who were in average daily attendance at the schools of such agency, and for whom such agency provided free public education, during such fiscal year, and who, while in attendance at such schools resided with a parent employed on Federal property in a State or in a county other than the State or county, as the case may be, in which the school district of such agency is located but which is situated within a reasonable commuting distance from the school district of such agency. If the number of children determined under the preceding sentence is equal to at least 10 per centum of the total number of children determined with respect to such agency for such fiscal year under section 3(b) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), the amount to which such agency shall be entitled with respect to a number of children determined under such section 3(b) for such fiscal year, shall not be less than 90 per centum of the amount which such agency received with respect to the number of children so determined during the preceding fiscal year, as computed under section 3 of such Act.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D)</num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">The Commissioner shall determine for each fiscal year beginning after June 30, 1975, and ending prior to July 1, 1978, the amount which each local educational agency would be paid for that fiscal year under section 3 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) if the amount appropriated had been <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 529.</p></sidenote>allocated as provided in section 5(c) of such Act without regard for entitlements (or portions thereof) which are attributable to determinations under subsections (a) and (b) of such section of the number <page identifier="/us/stat/88/535">88 <inline class="smallCaps">Stat</inline>. 535</page>of children who resided on, or resided with a parent employed on, property which is part of a low-rent housing project described in section 403(1)(C). The Commissioner shall then determine the amount which<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s244">20 USC 244</ref>.</p></sidenote> each local educational agency is to be paid for that fiscal year under such section 3 and allocated in accordance with such section 5(c). If the amount determined with respect to any local educational agency tinder the first sentence of this division is greater than the amount determined with respect to the second sentence of this division, the Commissioner shall pay to that agency an amount equal to the difference between the amounts so determined.</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">(ii) </num> <chapeau class="inline">Funds appropriated for any fiscal year for making payments pursuant to the third sentence of division (i) shall be separate from funds appropriated for such fiscal year for making payments pursuant to section 5 of the Act of September 30, 1950 (Public Law 874, Eighty-first<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 529.</p></sidenote> Congress). If, for any fiscal year, a law making appropriations for payments pursuant to such section 5 is enacted, and such law makes no express provision for payments pursuant to such third sentence—</chapeau> <subclause class="indent4 fontsize10"> <num value="I">(I) </num> <content class="inline">all funds so appropriated shall be allocated and paid in accordance with such section 5, without regard for such third sentence; and</content> </subclause> <subclause class="indent4 fontsize10"> <num value="II">(II) </num> <content class="inline">not later than fifteen days after the enactment of such law,<sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote> the Commissioner shall submit a report to the Committees on Appropriations and on Education and Labor of the House of Representatives and the Committees on Appropriations and Labor and Public Welfare of the Senate, which report shall contain a statement detailing the dollar amounts necessary to make the payments required under such third sentence and shall, with respect to such dollar amounts, constitute a budget estimate within the meaning of section 201(a)(5) of the Act of June 10, 1921 (31 U.S.C. 11(a)(5)).</content> </subclause> </clause> </subparagraph> </paragraph> </subsection> </section> <num value="IV">TITLE IV—</num> <heading class="inline">CONSOLIDATION OF CERTAIN EDUCATION PROGRAMS</heading> <section> <heading class="smallCaps centered">consolidation of library and learning resources. educational innovation, and support programs</heading> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <content class="inline">Title IV of the Elementary and Secondary Education Act<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s331">20 USC 331</ref>.</p></sidenote> of 1965, is amended to read as follows: <quotedContent> <title> <num value="IV">“TITLE IV—</num> <heading class="inline">LIBRARIES, LEARNING RESOURCES, EDUCATIONAL INNOVATION. AND SUPPORT</heading> <part> <num value="A">“<inline class="smallCaps">Part A</inline>—</num> <heading class="inline"><inline class="smallCaps">General Provisions</inline></heading> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <num value="401">“<inline class="smallCaps">Sec</inline>. 401. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Subject to the provisions of paragraph (2), there<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1801">20 USC 1801</ref>.</p></sidenote> is authorized to be appropriated the sum of $395,000,000 for obligation by the Commissioner during the fiscal year ending June 30, 1976, and such sums as may be necessary for obligation by the Commissioner during each of the two succeeding fiscal years, for the purpose of making grants under part B (Libraries and Learning Resources) of this title.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">No funds are authorized to be appropriated under this subsection for obligation by the Commissioner during any fiscal year unless—</chapeau> <page identifier="/us/stat/88/536">88 <inline class="smallCaps">Stat</inline>. 536</page> <subparagraph class="indent2 fontsize10"> <num value="A">“(A)</num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">aggregate amount which could be appropriated under this subsection is at least equal to the aggregate amount appropriated for obligation by the Commissioner during the preceding fiscal year in which part B was in effect, or</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">in the case of appropriations under this subsection for the first fiscal year in which part B is effective, such amount is at least equal to the aggregate amount appropriated for obligation by the Commissioner for the fiscal year ending June 30, 1974, or for the preceding fiscal year, whichever is higher, under title II and so much of title III as relates to testing, guidance, and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s821/s841">20 USC 821, 841</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s441">20 USC 441</ref>.</p></sidenote>counseling of this Act, and under title III (except for section 305) of the National Defense Education Act of 1958, and</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">the sums appropriated pursuant to this subsection are included in an Act making appropriations for the fiscal year prior to the fiscal year in which such sums will be obligated, and are made available for expenditure prior to the beginning of such fiscal year.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Subject to the provisions of paragraph (2), there is authorized to be appropriated the sum of $350,000,000 for obligation by the Commissioner during the fiscal year ending June 30, 1976, and such sums as may be necessary for obligation by the Commissioner during each of the two succeeding fiscal years, for the purpose of making grants under part C (Educational Innovation and Support) of this title.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">No funds are authorized to be appropriated under this subsection for obligation by the Commissioner during any fiscal year unless—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A)</num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">the aggregate amount which would be appropriated under this subsection is at least equal to the aggregate amount appropriated for obligation by the Commissioner during the preceding fiscal year in which part C was in effect, or</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">in the case of appropriations under this subsection for the first fiscal year in which part C is effective, such amount is at least equal to the aggregate amount appropriated for obligation by the Commissioner for fiscal year ending June 30, 1974, or for the preceding fiscal year, whichever is higher, under title III (except for programs of testing, guidance, and counseling), title V, and sections <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s841/s861/s887/s887a">20 USC 841, 861 , 887, 887a</ref>.</p></sidenote>807 and 808 of this Act, and</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">the sums appropriated pursuant to this subsection are included in an Act making appropriations for the fiscal year prior to the fiscal year in which such sums will be obligated, and are made available for expenditure prior to the beginning of such fiscal year.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">In the first fiscal year in which appropriations are made pursuant to part B, 50 per centum of the funds so appropriated shall be available to the States to carry out part B of this title. The remainder of such funds shall be available to the States and shall be allotted to the States, or to the Commissioner, as the case may be, in such year, pursuant to title II and so much of title III as relates to testing, guidance, and counseling under this Act, and under title III (except for section 305) of the National Defense. Education Act of 1958, for each such program in an amount which bears the same ratio to such remainder as the amount appropriated for each such program for the fiscal year ending June 30, 1974, or for the fiscal year preceding the fiscal year for which the determination is made, whichever is higher, bears to the aggregate of such appropriated amounts. The amounts made available under the second sentence of this paragraph shall be subject to the provisions of law governing each such program.</content> </paragraph> <page identifier="/us/stat/88/537">88 <inline class="smallCaps">Stat</inline>. 537</page> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">In the first fiscal year in which appropriations are made pursuant to part C, 50 per centum of the funds so appropriated shall be<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 543.</p></sidenote> available to carry out part C of this title. The remainder of such funds shall be available to the States and shall be allotted to the States, or to the Commissioner, as the case may be, in such year, pursuant to title III (except for programs of testing, guidance, and counseling), title V, and sections 807 and 808 of this Act, for each such program in an<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s841/s861/s887/s887a">20 USC 841, 861, 887, 887a</ref>.</p></sidenote> amount which bears the same ratio to such remainder as the amount appropriated for each such program for the fiscal year ending June 30, 1974, or for the fiscal year preceding the fiscal year for which the determination is made, whichever is higher, bears to the aggregate of such appropriated amounts. The amount, made available under the second sentence of this paragraph shall be subject to the provisions of law governing each such program.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">“allotment to the states</heading> <num value="402">“<inline class="smallCaps">Sec</inline>. 402. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">There is hereby authorized to be appropriated<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1802">20 USC 1802</ref>.</p></sidenote> for each fiscal year for the purposes of t his paragraph amounts equal to not more than 1 per centum of each of the amounts appropriated for such year under subsections (a) or (b), or both, of section 401. The<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 535.</p></sidenote> Commissioner shall allot each of the amounts appropriated pursuant to this paragraph among Guam. American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective needs for assistance under part B or part C, or both, of this<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, pp. 542, 543.</p></sidenote> title. In addition, for each fiscal year he shall allot from each of such amounts to (A) the Secretary of the Interior the amounts necessary for the programs authorized by each such part for children and teachers in elementary and secondary schools operated for Indian children by the Department of the Interior, and (B) the Secretary of Defense the amounts necessary for the programs authorized by each such part for children and teachers in the overseas dependents schools of the Department of Defense. The terms upon which payment for such purposes shall be made to the Secretary of the Interior and the Secretary of Defense shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this title.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">From the amounts appropriated to carry out part B or part C, or both, of this title for any fiscal year pursuant to subsections (a) and (b) of section 401, the Commissioner shall allot to each State from each such amount an amount which bears the same ratio to such amount as the number of children aged five to seventeen, inclusive, in the State bears to the number of such children in all the States. For the purposes of this subsection, the term ‘State’ shall not include Guam, American<sidenote><p class="firstIndent1 fontsize8">“State.”</p></sidenote> Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. The number of children aged five to seventeen, inclusive, in a State and in all the States shall he determined by the Commissioner on the basis of the most recent satisfactory data available to him.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The amount of any State’s allotment under subsection (a) for<sidenote><p class="firstIndent1 fontsize8">Reallotment.</p></sidenote> any fiscal year to carry out part B or C which the Commissioner determines will not be required for such fiscal year to carry out such part shall be available for reallotment from time to time, on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments to such States under subsection (a) for that year but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use for such year; and the total of such reductions shall be similarly reallotted among the States <page identifier="/us/stat/88/538">88 <inline class="smallCaps">Stat</inline>. 538</page>whose proportionate amounts were not so reduced. Any amounts reallotted to a State under this subsection during a year from funds appropriated <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 535.</p></sidenote>pursuant to section 401 shall be deemed a part of its allotment under subsection (a) for such year.</content> </subsection> </section> <section> <heading class="smallCaps centered">“state plans</heading> <num value="403">“<inline class="smallCaps">Sec</inline>. 403. </num><sidenote><p class="firstIndent1 fontsize8">Advisory council.</p><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1803">20 USC 1803</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Any State which desires to receive grants under this title shall establish an advisory council as provided by subsection (b) and shall submit to the Commissioner a State plan, in such detail as the Commissioner deems necessary, which—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">designates the State educational agency as the State agency which shall, either directly or through arrangements with other State or local public agencies, act as the sole agency for the administration of the State plan;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">sets forth a program under which funds paid to the State <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 537.</p></sidenote>from its allotments under section 402 will be expended solely for the programs and purposes authorized by parts B and C of this <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 542, 543.</p></sidenote>title, and for administration of the State plan;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">provides assurances that the requirements of section 406 (relating to the participation of pupils and teachers in non-public <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 541.</p></sidenote>elementary and secondary schools) will be met, or certifies that such requirements cannot legally be met in such State;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">provides assurances that (A) funds such agency receives from appropriations made under section 401(a) will be distributed among local educational agencies according to the enrollments in public and nonpublic schools within the school districts of such agencies, except that substantial funds will be provided to (i) local educational agencies whose tax effort for education is substantially greater than the State average tax effort for education, but whose per pupil expenditure (excluding payments <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s236">20 USC 236</ref>.</p></sidenote>made under title I of this Act) is no greater than the average per pupil expenditure in the State, and (ii) local educational agencies which have the greatest numbers or percentages of children whose education imposes a higher than average cost per child, such as children from low-income families, children living in sparsely populated areas, and children from families in which English is not the dominant language; and (B) funds such agency receives from appropriations made under section 401(b) will be distributed among local educational agencies on an equitable basis recognizing the competitive nature of the grantmaking except that the State educational agency shall provide assistance in formulating proposals and in operating programs to local educational agencies which are less able to compete due to small size or lack of local financial resources; and the State plan shall set forth the specific criteria the State educational agency has developed and will apply to meet the requirements of this paragraph;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">provides that each local educational agency will be given complete discretion (subject to the provisions of section 406) in determining how the funds it receives from appropriations made under section 401(a) will be divided among the various programs <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 542.</p></sidenote>described in section 421, except that, in the first year in which appropriations are made pursuant to part B, each local educational agency will be given complete discretion with respect to 50 per centum of the funds appropriated for that part attributable to that local educational agency;</content> </paragraph> <page identifier="/us/stat/88/539">88 <inline class="smallCaps">Stat</inline>. 539</page> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">provides for the adoption of effective procedures (A) for<sidenote><p class="firstIndent1 fontsize8">Program evaluation.</p></sidenote> an evaluation by the State advisory council, at least annually, of the effectiveness of the programs and projects assisted under the State plan, (B) for the appropriate dissemination of the results of such evaluations and other information pertaining to such programs or projects, and (C) for the adoption, where appropriate, of promising educational practices developed through innovative programs supported under part C;<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 543.</p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">“(7) </num> <content class="inline">provides that local educational agencies applying for funds under any program under this title shall be required to submit only one application for such funds for any one fiscal year;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">“(8) </num> <chapeau class="inline">provides—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">that, of the funds the State receives under section 401<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 535.</p></sidenote> for the first fiscal year for which such funds are available, such agency will use for administration of the State plan not to exceed whichever is greater (i) 5 per centum of the amount so received ($50,000 in the case of Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands), excluding any part of such amount used for purposes of section 431(a)(3), or (ii) the amount it received<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 543.</p></sidenote> for the fiscal year ending June 30, 1973, for administration of the programs referred to in sections 421(b) and 431(b), and<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 542.</p></sidenote> that the remainder of such funds shall be made available to local educational agencies to be used for the purposes of parts B and C, respectively; and that, of the funds the State<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 542, 543.</p></sidenote> receives under section 401 for fiscal years thereafter, it will use for administration of the State plan not to exceed whichever is greater (i) 5 per centum of the amount so received ($50,000 in the case of Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands), excluding any part of such amount used for purposes of section 431(a)(3), or (ii) $225,000, and that the remainder of such funds shall be made available to local educational agencies to be used for purposes of parts B and C, respectively,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">that not less than 15 per centum of the amount received pursuant to section 401(b) in any fiscal year (not including any amount used for purposes of section 431 (a)(3)) shall be used for special programs or projects for the education of children with specific learning disabilities and handicapped children, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">that not more than the greater of (i) 15 per centum of the amount which such State receives pursuant to section 401(b) in any fiscal year, or (ii) the amount available by appropriation to such State in the fiscal year ending June 30, 1973, for purposes covered by section 431(a)(3), shall be used for purposes of section 431(a)(3)(relating to strengthening State and local educational agencies);</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">“(9) </num> <content class="inline">provides assurances that in the case of any project for the<sidenote><p class="firstIndent1 fontsize8">Facilities, accessibility to handicapped persons.</p></sidenote> repair, remodeling, or construction of facilities, that the facilities shall be accessible to and usable by handicapped persons;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">“(10) </num> <content class="inline">sets forth policies and procedures which give satisfactory assurance that Federal funds made available under this title for any fiscal year will not be commingled with State funds; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="11">“(11) </num> <content class="inline">gives satisfactory assurance that the aggregate amount to be expended by the State and its local educational agencies from funds derived from non-Federal sources for programs <page identifier="/us/stat/88/540">88 <inline class="smallCaps">Stat</inline>. 540</page><sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 542.</p></sidenote>described in section 421(a) for a fiscal year will not be less than the amount so expended for the preceding fiscal year.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The State advisory council, established pursuant to subsection (a), shall—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A"><sidenote><p class="firstIndent1 fontsize8">Membership.</p></sidenote>“(A) </num> <chapeau class="inline">be appointed by the State educational agency or as otherwise provided by State law’ and be broadly representative of the cultural and educational resources of the State (as defined in <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 544.</p></sidenote>section 432) and of the public, including persons representative of—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">public and private elementary and secondary’ schools,</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">institutions of higher education, and</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">fields of professional competence in dealing with children needing special education because of physical or mental handicaps, specific learning disabilities, severe educational disadvantage, and limited English-speaking ability or because they are gifted or talented, and of professional competence in guidance and counseling;</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B"><sidenote><p class="firstIndent1 fontsize8">Duties.</p></sidenote>“(B) </num> <content class="inline">advise the State educational agency on the preparation of, and policy matters arising in the administration of, the State plan, including the development of criteria for the distribution of funds and the approval of applications for assistance under this title;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">evaluate all programs and projects assisted under this title; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D"><sidenote><p class="firstIndent1 fontsize8">Report to Commissioner.</p></sidenote>“(D) </num> <content class="inline">prepare at least annually and submit through the State educational agency a report of its activities, recommendations, and evaluations, together with such additional comments as the State educational agency deems appropriate, to the Commissioner.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Not less than ninety days prior to the beginning of any fiscal year for which funds will be available for carrying out this title, each State shall certify the establishment of, and membership of (including the name of the person designated as Chairman), its State advisory council to the Commissioner.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8">Meetings.</p></sidenote>“(3) </num> <content class="inline">Each State advisory council shall meet within thirty days after certification has been accepted by the Commissioner and establish the time, place, and manner of its future meetings, except that such council shall have not less than one public meeting each year at which the public is given an opportunity to express views concerning the administration and operation of this title.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4"><sidenote><p class="firstIndent1 fontsize8">Personnel.</p></sidenote>“(4) </num> <content class="inline">Each State advisory council shall be authorized to obtain the services of such professional, technical, and clerical personnel, and to contract for such other services as may be necessary to enable them to carry out their functions under this title, and the (Commissioner shall assure that funds sufficient for these purposes are made available to each council from funds available for administration of the State plan.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">State plan approval.</p></sidenote>“(c) </num> <content class="inline">The Commissioner shall approve any State plan and any modification thereof which complies with the provisions of subsections (a) and (b) of this section.</content> </subsection> </section> <section> <heading class="smallCaps centered">“administration or state plans</heading> <num value="404">“<inline class="smallCaps">Sec</inline>. 404. </num><sidenote><p class="firstIndent1 fontsize8">Notice and hearing opportunity.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1804">20 USC 1804</ref>.</p></sidenote> <content class="inline">The Commissioner shall not finally disapprove any State plan submitted under this title, or any modification thereof, without first affording the State educational agency reasonable notice and opportunity for a hearing.</content> </section> <page identifier="/us/stat/88/541">88 <inline class="smallCaps">Stat</inline>. 541</page> <section> <heading class="smallCaps centered">“payments to states</heading> <num value="405">“<inline class="smallCaps">Sec</inline>. 405. </num> <content class="inline">From the amounts allotted to each State under section<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1805">20 USC 1805</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p, 537.</p><p class="firstIndent1 fontsize8"><i>Post</i>, pp. 542, 543.</p></sidenote> 402 for carrying out the programs authorized by parts B and C, respectively, the Commissioner shall pay to that State an amount equal to the amount expended by the State in carrying out its State plan (after withholding any amount necessary pursuant to section 406(f)).<sidenote><p class="firstIndent1 fontsize8"><i>Infra</i>.</p></sidenote></content> </section> <section> <heading class="smallCaps centered">“participation of children enrolled in private schools</heading> <num value="406">“<inline class="smallCaps">Sec</inline>. 406. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">To the extent consistent with the number of children<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1806">20 USC 1806</ref>.</p></sidenote> in the school district of a local educational agency (which is a recipient of funds under this title or which serves the area in which a program or project assisted under this title is located) who are enrolled in private nonprofit elementary and secondary schools, such agency, after consultation with the appropriate private school officials, shall provide for the benefit of such children in such schools secular, neutral, and nonideological services, materials, and equipment including the repair, minor remodeling, or construction of public school facilities as may be necessary for their provision (consistent with subsection (c) of this section), or, if such services, materials, and equipment are not feasible or necessary in one or more such private schools as determined by the local educational agency after consultation with the appropriate private school officials, shall provide such other arrangements as will assure equitable participation of such children in the purposes and benefits of this title.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Expenditures for programs pursuant to subsection (a) shall<sidenote><p class="firstIndent1 fontsize8">Equal expenditures.</p></sidenote> be equal (consistent with the number of children to be served) to expenditures for programs for children enrolled in the public schools of the local educational agency, taking into account the needs of the individual children and other factors (pursuant to criteria supplied by the Commissioner) which relate to such expenditures, and when funds available to a local educational agency under this title are used to concentrate programs or projects on a particular group, attendance area, or grade or age level, children enrolled in private schools who are included within the group, attendance areas, or grade or age level selected for such concentration shall, after consultation with the appropriate private school officials, be assured equitable participation in the purposes and benefits of such programs or projects.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The control of funds provided under this title and title to<sidenote><p class="firstIndent1 fontsize8">Administration.</p></sidenote> materials, equipment, and property repaired, remodeled, or constructed therewith shall be in a public agency for the uses and purposes provided in this title, and a public agency shall administer such funds and property.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The provision of services pursuant to this section shall be provided by employees of a public agency or through contract by such public agency with a person, an association, agency, or corporation who or which in the provision of such services is independent of such private school and of any religious organization, and such employment or contract shall be under the control and supervision of such public agency, and the funds provided under this title shall not be commingled with State or local funds.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">If a State is prohibited by law from providing for the participation<sidenote><p class="firstIndent1 fontsize8">Waiver.</p></sidenote> in programs of children enrolled in private elementary and secondary schools, as required by this section, the Commissioner may waive such requirement and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of this section.</content> </subsection> <page identifier="/us/stat/88/542">88 <inline class="smallCaps">Stat</inline>. 542</page> <subsection class="firstIndent1"> <num value="e">“(e) </num> <content class="inline">If the Commissioner determines that a State or a local educational agency has substantially failed to provide for the participation on an equitable basis of children enrolled in private elementary and secondary schools as required by this section, he shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of this section.</content> </subsection> <subsection class="firstIndent1"> <num value="f">“(f) </num> <content class="inline">When the Commissioner arranges for services pursuant to this section, he shall, after consultation with the appropriate public and private school officials, pay the cost of such services from the appropriate allotment of the State under this title.</content> </subsection> <subsection class="firstIndent1"> <num value="g"><sidenote><p class="firstIndent1 fontsize8">Notice and hearing opportunity.</p></sidenote>“(g)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Commissioner shall not take any final action under this section until he has afforded the State educational agency and local educational agency affected by such action at least sixty days notice of his proposed action and an opportunity for a hearing with respect thereto on the record.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Judicial review.</p></sidenote>“(2) </num> <content class="inline">If a State or local educational agency is dissatisfied with the Commissioner’s final action after a hearing under subparagraph (A) of this paragraph, it may within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Cotie.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4"><sidenote><p class="firstIndent1 fontsize8">Jurisdiction.</p></sidenote>“(4) </num> <content class="inline">Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.”.</content> </paragraph> </subsection> </section> </part> <part> <num value="B">“<inline class="smallCaps">Part B</inline>—</num> <heading class="inline"><inline class="smallCaps">Libraries and Learning Resources</inline></heading> <section> <heading class="smallCaps centered">“programs authorized</heading> <num value="421">“<inline class="smallCaps">Sec</inline>. 421. </num><sidenote><p class="firstIndent1 fontsize8">Grants to States.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1821">20 USC 1821</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Commissioner shall carry out a program for making grants to the States (pursuant to State plans approved under section 403)—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">for the acquisition of school library resources, textbooks, and other printed and published instructional materials for the use of children and teachers in public and private elementary and secondary schools;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">for the acquisition of instructional equipment (including laboratory and other special equipment, including audio-visual materials and equipment suitable for use in providing education in academic subjects) for use by children and teachers in elementary and secondary schools, and for minor remodeling of laboratory or other space used by such schools for such equipment; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">for (A) a program of testing students in the elementary and secondary schools, (B) programs of counseling and guidance services for students at the appropriate levels in elementary and <page identifier="/us/stat/88/543">88 <inline class="smallCaps">Stat</inline>. 543</page>secondary schools designed (i) to advise students of courses of study best suited to their ability, aptitude, and skills, (ii) to advise students with respect to their decisions as to the type of educational program they should pursue, the vocation they should train for and enter, and the job opportunities in the various fields, and (iii) to encourage students to complete their secondary school education, take the necessary courses for admission to postsecondary institutions suitable for their occupational or academic needs, and enter such institutions, and such programs may include short-term sessions for persons engaged in guidance and counseling in elementary and secondary schools, and (C) programs, projects, and leadership activities designed to expand and strengthen counseling and guidance services in elementary and secondary schools.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">It is the purpose of this part to combine within a single authorization, subject to the modifications imposed by the provisions and requirements of this title, the programs authorized by title II and so much of title III as relates to testing, counseling, and guidance, of this Act, and title III (except for section 305 thereof) of the National<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s821/s841">20 USC 821, 841</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s441">20 USC 441</ref>.</p></sidenote> Defense Education Act of 1958, and funds appropriated to carry out this part must, be used only for the same purposes and for the funding of the same types of programs authorized under those provisions.</content> </subsection> </section> </part> <part> <num value="C">“<inline class="smallCaps">Part C</inline>—</num> <heading class="inline"><inline class="smallCaps">Educational Innovation and Support</inline></heading> <section> <heading class="smallCaps centered">“programs authorized</heading> <num value="431">“<inline class="smallCaps">Sec</inline>. 431. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Commissioner shall carry out a program for<sidenote><p class="firstIndent1 fontsize8">Grants to States.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1831">20 USC 1831</ref>.</p></sidenote> making grants to the States (pursuant to State plans approved under section 403)—<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 538.</p></sidenote></chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">for supplementary educational centers and services to stimulate and assist in the provision of vitally needed educational services (including preschool education, special education, compensatory education, vocational education, education of gifted and talented children, and dual enrollment programs) not available in sufficient quantity or quality, and to stimulate and assist in the development and establishment of exemplary elementary and secondary school programs (including the remodeling, lease, or construction of necessary facilities) to serve as models for regular school programs;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">for the support of demonstration projects by local educational agencies or private educational organizations designed to improve nutrition and health services in public and private elementary and secondary schools serving areas with high concentrations of children from low-income, families and such projects may include payment of the cost of (A) coordinating nutrition and health service resources in the areas to be served by a project, (B) providing supplemental health, mental health, nutritional, and food services to children from low-income families when the resources for such services available to the applicant from other sources are inadequate to meet the needs of such children, (C) nutrition and health programs designed to train professional and other school personnel to provide nutrition and health services in a manner which meets the needs of children from low-income families for such services, and (D) the evaluation of projects assisted with respect to their effectiveness in improving school nutrition and health services for such children;</content> </paragraph> <page identifier="/us/stat/88/544">88 <inline class="smallCaps">Stat</inline>. 544</page> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">for strengthening the leadership resources of State and local educational agencies, and for assisting those agencies in the establishment and improvement of programs to identify and meet educational needs of States and of local school districts; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">for making arrangements with local educational agencies for the carrying out by such agencies in schools which (A) are located in urban or rural areas, (B) have a high percentage of children from low-income families, and (C) have a high percentage of such children who do not complete their secondary school education, of demonstration projects involving the use of innovative methods, systems, materials, or programs which show promise of reducing the number of such children who do not complete their secondary school education.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">It is the purpose of this part to combine within a single authorization, subject to the modifications imposed by the provisions and requirements of this title, the programs authorized by title III (except for programs of testing, counseling, and guidance) and title V, and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s841/s861/s887/s887a">20 USC 841, 861, 887, 887a</ref>.</p></sidenote>sections 807 and 808 of this Act, and funds appropriated to carry out this part must be used only for the same purposes and for the funding of the same types of programs authorized under those provisions.</content> </subsection> </section> <section> <heading class="smallCaps centered">“use of cultural and educational resources</heading> <num value="432">“<inline class="smallCaps">Sec</inline>. 432. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1832">20 USC 1832</ref>.</p></sidenote> <content class="inline">Programs or projects supported pursuant to this part (other than those described in section 431(a)(3)) shall involve in the planning and carrying out thereof the participation of persons broadly representative of the cultural and educational resources of the <sidenote><p class="firstIndent1 fontsize8">“Cultural and educational resources.”</p></sidenote>area to be served. The term ‘cultural and educational resources’ includes State educational agencies, local educational agencies, private nonprofit elementary and secondary schools, institutions of higher education, public and nonprofit private agencies such as libraries, museums, musical and artistic organizations, educational radio and television, and other cultural and educational resources.”</content> </section> </part>
consolidation of certain federally operated education programs Sec. 402. (a) (1) The Act of July 26, 1954 (Public Law 531. Eighty-third

20 USC 331 note.

Special Projects Act.

20 USC 1851 note.

Congress) is amended by striking out all after the enacting clause and inserting in lieu thereof the following: “That this Act may be cited as the “Special Projects Act”.
“purpose “Sec. 2.

20 USC 1851.

 It is the purpose of this Act to authorize the Commissioner of Education (hereinafter referred to as the ‘Commissioner’) to carry out special projects— “(1) to experiment with new educational and administrative methods, techniques, and practices; “(2) to meet special or unique educational needs or problems; and “(3) to place special emphasis on national education priorities.
“contracting authority “Sec. 3.

20 USC 1852.

 (a) The Commissioner is authorized, during the period beginning July 1, 1975, and ending June 30, 1978, to make contracts with public and private agencies, organizations, associations, institutions, and with individuals in order to carry out the purposes of this Act as set forth in section 2. 88 Stat. 545 “(b) In exercising his authority under this section, the Commissioner shall comply with such priorities and preferences as may be expressly provided by law, with respect to this section.
“appropriations “Sec. 4. (a) (1) In order to enable the Commissioner to make contracts

20 USC 1853.

 under section 3, there is authorized, subject to subsection (b), to be appropriated to the Office of Education $200,000,000 for the fiscal year ending June 30, 1976, and each of the two succeeding fiscal years. “(2) Sums appropriated pursuant to paragraph (1) shall, notwithstanding any other provisions of law, unless enacted in express limitation of this paragraph, remain available until expended. “(b) (1) Not later than February 1 of each year, the Commissioner

Expenditure plan and report, submittal to congressional committees.

 shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate a plan in accordance with which the Commissioner has determined to expend funds to be appropriated for the succeeding fiscal year. Such plan shall be accompanied by a report, describing each contract made during the calendar year preceding that fiscal year under the authority of this Act involving an expenditure in excess of $100,000. “(2) (A) The funds appropriated pursuant to subsection (a) for any fiscal year shall be expended in accordance with the plan submitted for that year pursuant to paragraph (1), unless prior to sixty days after the submission of such plan, either the Committee on Education and Labor of the House of Representatives or the Committee on Labor and Public Welfare of the Senate adopts a resolution disapproving such plan. “(B) If either or both such committees adopts a resolution of disapproval as provided in subparagraph (A), the Commissioner shall, not later than fifteen days after the adoption of any such resolution, submit a new plan in accordance with paragraph (1) and subparagraph (A).”.
(2) The title of such Act of July 24, 1954, is amended to read as follows: “An Act to authorize special projects, surveys, and studies by the Office of Education.”. (b) (1) In carrying out his functions under section 3 of the Special

20 USC 1861.

 Projects Act, the Commissioner shall reserve not less than 50 per centum of the sums appropriated pursuant to section 4 of such Act for the purposes given preference under paragraph (3) of this subsection and apportioned in accordance with paragraph (2) of this subsection. With respect to the funds to which this paragraph applies, the Commissioner’s authority under such section 3 shall include authority to make grants as well as contracts. (2) Except as is otherwise provided with respect to section 409, the

Apportionment of funds.

Post, p. 556.

 Commissioner shall apportion an amount for each of the purposes set forth in paragraph (3) which bears the same ratio to the sums reserved pursuant to paragraph (1) as the amount permitted to be expended for each such purpose bears to the aggregate of the amounts permitted to be expended for all such purposes. (3) The sums reserved pursuant, to paragraph (1) shall be expended

Reserved funds.

 for programs otherwise authorized by an applicable statute and described in the following subparagraphs: Education for the Use of the Metric System of Measurement (A) A program to encourage educational agencies and institutions to prepare students to use the metric system of measurement, as provided in section 403. 88 Stat. 546 Gifted and Talented Children (B) A program for the education of gifted and talented children through grants to the States for such purpose, as provided in section

Post, p. 547.

404 (except subsection (f) thereof). Community Schools (C) A program of grants to local educational agencies to assist them in planning, establishing, expanding, and operating community education

Post, p. 549.

programs, as provided in section 405. Career Education (D) A program to assess, and to encourage establishment and operation

Post, p. 551.

of, career education programs, as provided in section 406. Consumers’ Education (E) A program of grants and contracts designed to provide consumer education to the public, as provided in section 811 of the

Post, p. 553.

Elementary and Secondary Education Act of 1965. Women’s Equity in Education (F) A program of grants and contracts designed to provide educational

Post, p. 554.

equity for women in the United States, as provided in section 408. Arts in Education Programs (G) A program of grants and contracts designed to assist and encourage the use of the arts in elementary and secondary school programs as provided in section 409. (4) No appropriation may be made for any fiscal year for the purposes of section 811 of the Elementary and Secondary Education Act of 1965 or sections 403, 404, 405, 406, 408, and 409 of this Act during which funds are available for the purposes of such sections under the provisions of this subsection.

20 USC 1851 note.

(c) (1) The amendments made by subsection (a) and the provisions of subsection (b) shall be effective on and after July 1, 1975.

20 USC 844a note.

20 USC 841.

20 USC 844a.

20 USC 844b.

20 USC 845.

(2) Effective July 1, 1975, title III of the Elementary and Secondary Education Act of 1965 is amended— (i) by striking out section 305(d); (ii) ii) by striking out section 306; and (iii) by striking out section 307(c).

Repeal.

20 USC 887b and note.

(3) Effective July 1, 1975, section 809 of the Elementary and Secondary Education Act of 1965, is repealed.
education for the use of the metric system of measurement Sec. 403.

20 USC 1802.

 (a) (1) The Congress finds that— (A) the metric system of measurement is in general use in industrially developed nations and its use is increasing; (B) increased use of such metric system in the United States is inevitable, and such a metric system will become the dominant system of weights and measures in the United States; and (C) there is no existing Federal program designed to teach children to use such metric system and such a program is necessary if the American people are to adapt to the use of the metric system of weights and measures. 88 Stat. 547 (2) It is the policy of the United States to encourage educational agencies and institutions to prepare students to use the metric system of measurement with ease and facility as a part of the regular education program. (3) For the purposes of this section, the term “metric system of

“Metric system of measurement.”

 measurement“ means the International System of Units as established by the General Conference of Weights and Measures in 1900 and interpreted or modified for the United States by the Secretary of Commerce. (b) (1) The Commissioner shall carry out a program of grants and

Grants and contracts.

 contracts in order to encourage educational agencies and institutions to prepare students to use the metric system of measurement. (2) The Commissioner is authorized to make grants to, and contracts with, institutions of higher education. State and local educational agencies, and other public and private nonprofit agencies, organizations, and institutions to develop and carry out the policy set forth in subsection (a). (c) (1) Financial assistance under this section may be made available

Financial assistance, application.

 only upon application to the Commissioner. Any such application shall be submitted at such time, in such form, and containing such information as the Commissioner shall prescribe by regulation and shall be approved only if it— (A) provides that the activities and services for which assistance is sought will be administered by, or under the supervision of, the applicant; (B) describes a program which holds promise of making a substantial contribution toward attaining the purposes of this section; (C) sets forth such policies and procedures as will insure adequate evaluation of the activities intended to be carried out under the application; and (D) contains such other provisions as the Commissioner determines necessary in order to accomplish the purposes of this title. (2) An application from a local educational agency under this section

Approval.

 may be approved only if the State educational agency of the State in which such local agency is located has been notified of the application and has been given a reasonable opportunity to offer recommendations with respect to the approval thereof. (d) For the purpose of carrying out this section, the Commissioner

Appropriation.

 is authorized to expend $10,000,000 for each of the fiscal years ending prior to July 1, 1978.
gifted and talented children Sec. 404. (a) The Commissioner shall designate an administrative

20 USC 1863.

 unit within the Office of Education to administer the programs and projects authorized by this section and to coordinate all programs for gifted and talented children and youth administered by the Office. (b) The Commissioner shall establish or designate a clearinghouse

Information clearinghouse.

 to obtain and disseminate to the public information pertaining to the education of gifted and talented children and youth. The Commissioner is authorized to contract with public or private agencies or organizations to establish and operate the clearinghouse. (c) (1) The Commissioner shall make grants to State educational

Grants.

 agencies and local educational agencies, in accordance with the provisions of this subsection, in order to assist them in the planning, development, operation, and improvement of programs and projects designed to meet the special educational needs of gifted and talented children at the preschool and elementary and secondary school levels. 88 Stat. 548

Applications.

(2) (A) Any State educational agency or local educational agency desiring to receive a grant under this subsection shall submit an application to the Commissioner at such time, in such manner, and containing such information as the Commissioner determines to be necessary to carry out his functions under this section. Such application shall— (i) provide satisfactory assurance that funds paid to the applicant will be expended solely to plan, establish, and operate programs and projects which— (I) are designed to identify and to meet the special educational and related needs of gifted and talented children, and (II) are of sufficient size, scope, and quality as to hold reasonable promise of making substantial progress toward meeting those needs; (ii) set forth such policies and procedures as are necessary for acquiring and disseminating information derived from educational research, demonstration and pilot projects, new educational practices and techniques, and the evaluation of the effectiveness of the program or project in achieving its purpose; and (iii) provide satisfactory assurance that, to the extent consistent with the number of gifted and talented children in the area to be served by the applicant who are enrolled in nonpublic elementary and secondary schools, provision will be made for the participation of such children. (B) The Commissioner shall not approve an application under this subsection from a local educational agency unless such application has been submitted to the State educational agency of the State in which the applicant is located and such State agency has had an opportunity to make recommendations with respect to approval thereof. (3) Funds available under an application under this subsection may be used for the acquisition of instructional equipment to the extent such equipment is necessary to enhance the quality or the effectiveness of the program or project for which application is made. (4) A State educational agency receiving assistance may carry out its functions under an approved application under this subsection directly or through local educational agencies.

Personnel training grants.

(d) The Commissioner is authorized to make grants to State educational agencies to assist them in establishing and maintaining, directly or through grants to institutions of higher education, a program for training personnel engaged or preparing to engage in educating gifted and talented children or as supervisors of such personnel. (e) The Commissioner is authorized to make grants to institutions of higher education and other appropriate nonprofit institutions or agencies to provide training to leadership personnel for the education of gifted and talented children and youth. Such leadership personnel may include, but are not limited to, teacher trainers, school administrators, supervisors, researchers, and State consultants. Grants under this subsection may be used for internships, with local, State, or Federal agencies or other public or private agencies or institutions.

Research program.

20 USC 1221e.

(f) Notwithstanding the second sentence of section 405(b)(1) of the General Education Provisions Act, the National Institute of Education shall, in accordance with the terms and conditions of section 405 of such Act, carry out a program of research and related activities

Transfer of funds.

relating to the education of gifted and talented children. The Commissioner is authorized to transfer to the National Institute of Education such sums as may be necessary for the program required by this subsection.

Definition.

As used in the preceding sentence the term “research and related 88 Stat. 549activities” means research, research training, surveys, or demonstrations in the field of education of gifted and talented children and youth, or the dissemination of information derived therefrom, or all of such activities, including (but without limitation) experimental and model schools. (g) In addition to the other authority of the Commissioner under

Model projects, contracts.

 this section, the Commissioner is authorized to make contracts with public and private agencies and organizations for the establishment and operation of model projects for the identification and education of gifted and talented children, including such activities as career education, bilingual education, and programs of education for handicapped children and for educationally disadvantaged children. The total of the amounts expended for projects authorized under this subsection shall not exceed 15 per centum of the total of the amounts expended under this section for any fiscal year. (h) For the purpose of carrying out the provisions of this section,

Appropriation.

 the Commissioner is authorized to expend not to exceed $12,250,000 for each fiscal year ending prior to July 1, 1978.
community schools Sec. 405. (a) This section may be cited as the “Community Schools

Community Schools Act.

20 USC 1864.

 Act”. (b) In recognition of the fact that the school, as the prime educational institution of the community, is most effective when the school involves the people of that community in a program designed to fulfill their education needs, and that community education promotes a more efficient use of public education facilities through an extension of school buildings and equipment, it is the purpose of this section to provide educational, recreational, cultural, and other related community services, in accordance with the needs, interests, and concerns of the community, through the establishment of the community education program as a center for such activities in cooperation with other community groups. (c) For purposes of this section and subparagraph (C) of section

“Community education program.”

Ante, p. 544.

 402(b)(3), a “community education program” is a program in which a public building, including but not limited to a public elementary or secondary school or a community or junior college, is used as a community center operated in conjunction with other groups in the community, community organizations, and local governmental agencies, to provide educational, recreational, cultural, and other related community services for the community that center serves in accordance with the needs, interests, and concerns of that community. Nothing in this section shall be construed to prohibit any applicant under this section from carrying out any activity with funds derived from other sources. (d) (1) In order to carry out the purposes and provisions of this

Grants.

 section, the Commissioner is authorized to make grants to State educational agencies and to local educational agencies to pay the Federal share of the cost of planning, establishing, expanding, and operating community education programs. (2) Fifty percent of the funds made available pursuant to clause (1) of subsection (i) shall be available for grants to State educational agencies. The remainder of such funds shall be available for grants to local educational agencies. (3) For the purpose of paragraph (1) of this subsection, the Federal

Federal share.

 share shall be— (A) 80 per centum of a program to establish a new community education program. 88 Stat. 550 (B) 65 per centum of a program to expand or improve a community education program for the first year in which such program is assisted under this section, and 55 per centum in any fiscal year thereafter, and (C) 40 per centum of a program to maintain or carry out a community education program.

Application.

(4) Any State or local educational agency desiring to receive a grant under this section for any fiscal year shall submit an application to the Commissioner at such time, in such manner, and in such form as the Commissioner shall prescribe by regulation. Each such application shall contain provisions— (A) assuring that local community colleges, social, recreational, and health groups will be consulted with respect to programs to be offered and facilities to be used for the purpose of this section; (B) assuring that the applicant will pay from non-Federal sources the remaining costs of carrying out the application; and (C) containing a description of each community education program for which assistance is sought in sufficient detail to apply the appropriate Federal share specified in clause (3) of this subsection. The Commissioner shall not approve an application submitted by a local educational agency unless the State educational agency of the State in which that local educational agency is located has been given an opportunity to review, and make comment on, such application. (e)

Training grants.

 The Commissioner is authorized to make grants to institutions of higher education to develop and establish, or to expand, programs which will train persons to plan and operate community education programs.

Information clearinghouse.

(f) (1) The Commissioner shall establish or designate a clearing-house to gather and disseminate information received from community education programs, including but not limited to information regarding new programs, methods to encourage community participation, and ways of coordinating community education programs with other community services. The Commissioner is authorized to contract with public or private agencies or organizations to establish and operate the clearinghouse.

Technical assistance.

(2) The Commissioner shall make available to each community education program such technical assistance and information as the program may require, and such technical assistance shall be coordinated with the national clearinghouse.

Community Education Advisory Council.

Establishment; membership.

Post, p. 75.

(g) (1) There is established, subject to part D of the General Education Provisions Act, in the Office of the Commissioner, a Community Education Advisory Council (referred to in this section as the “Advisory Council”) to be composed of eleven members. The members of the Advisory Council shall be appointed by the Secretary. (2) A substantial number of the members of the Advisory Council shall be persons experienced in the operation of community education programs and the training of such persons. The Council shall include representatives from various disciplines involved in providing services in community school programs. (f) (1) The Commissioner shall establish or designate a clearing within three months after enactment of this section. (4) The Commissioner shall make available to the Advisory Council such staff, information, and other assistance as it may require to carry out its activities. (5) The Advisory Council shall advise the Commissioner on policy matters relating to the interests of community schools. 88 Stat. 551 (6) In the fiscal year ending June 30, 1975, the Advisory Council

Policy guidelines and regulations.

 shall be responsible for advising the Commissioner regarding the establishment of policy guidelines and regulations for the operation and administration of this section. In addition, the Council shall create a system for evaluation of the programs. The Council shall present to

Evaluation, submittal to Congress.

 Congress a complete and thorough evaluation of the programs and operation of this section for each fiscal year ending after June 30, 1975. (h) In approving applications under this section the Commissioner shall insure that there is an equitable geographical distribution of community education programs throughout the United States in both urban and rural areas. (i) The Commissioner is authorized to expend (1) for the purpose of

Appropriation.

 subsection (d), $15,000,000 for each fiscal year ending prior to July 1, 1978; and (2) for the purposes of subsection (e), $2,000,000 for each fiscal year ending prior to July 1, 1978.
career education Sec. 406. (a) It is the sense of Congress that—

20 USC 1865.

 (1) every child should, by the time he has completed secondary school, be prepared for gainful or maximum employment and for full participation in our society according to his or her ability: (2) it is the obligation of each local educational agency to provide that preparation for all children (including handicapped children and all other children who are educationally disadvantaged) within the school district of such agency; and (3) each State and local educational agency should carry out a program of career education which provides every child the widest variety of career education options which are designed to prepare each child for maximum employment and participation in our society according to his or her ability. (b) It is the purpose of this section to assist in achieving the policies set forth in subsection (a) by— (1) developing information on the needs for career education for all children; (2) promoting a national dialogue on career education designed to encourage each State and local educational agency to determine and adopt the approach to career education best suited to the needs of the children served by them; (3) assessing the status of career education programs and practices, including a reassessment of the stereotyping of career opportunities by race or by sex; (4) providing for the demonstration of the best of the current career education programs and practices by the development and testing of exemplary programs and practices using various theories, concepts, and approaches with respect to career education; (5) providing for the training and retraining of persons for conducting career education programs; and (6) developing State and local plans for implementing career education programs designed to insure that every child has the opportunity to gain the knowledge and skills necessary for gainful or maximum employment and for full participation in our society according to his or her ability. (c) (1) In order to carry out the policies, purposes, and provisions

Office of Career Education.

Establishment.

 of this section, there is established in the Office of Education an Office of Career Education (hereafter in this section referred to as the “Office”). The Office shall be headed by a Director. (2) The Director of the Office shall report directly to the Commissioner. 88 Stat. 552

“Career education.”

(d) For the purposes of this section, the term “career education” means an education process designed— (1) to increase the relationship between schools and society as a whole; (2) to provide opportunities for counseling, guidance and career development for all children; (3) to relate the subject matter of the curricula of schools to the needs of persons to function in society; (4) to extend the concept of the education process beyond the school into the area of employment and the community; (5) to foster flexibility in attitudes, skills, and knowledge in order to enable persons to cope with accelerating change and obsolescence; (6) to make education more relevant to employment and functioning in society; and (7) to eliminate any distinction between education for vocational purposes and general or academic education.

Survey and assessment.

(e) The Commissioner shall conduct a survey and assessment of the current status of career education programs, projects, curriculums, and

Report to Congress.

 materials in the United States and submit to the Congress, not later than November 1, 1975, a report on such survey and assessment. Such report, shall include recommendations of the Advisory Council created under subsection (g) for new legislation designed to accomplish the policies and purposes set forth in subsections (a) and (b). In exercising his authority under clauses (ii)(III) and (ii)(V) of

Post, p. 569.

section 434(b)(1)(A) of the General Education Provisions Act, for any fiscal year, the Commissioner shall require State educational agencies and local educational agencies to report on their efforts to prepare students for gainful or maximum employment.

Career education models, grants.

(f) (1) During the period beginning with the enactment of this section and ending June 30, 1978, the Commissioner is authorized to make grants to State and local educational agencies, institutions of higher education, and other nonprofit agencies and organizations to support projects to demonstrate the most effective methods and techniques in career education and to develop exemplary career education models (including models in which handicapped children receive appropriate career education either by participation in regular or modified programs with nonhandicapped children or where necessary in specially designed programs for handicapped children whose handicaps are of such seventy that they cannot benefit from regular or modified programs). Grants made under this subsection shall be consistent with the policies set forth in subsection (a) of this subsection.

Local State educational program plans, grants.

(2) During the period beginning one year after the enactment of this section and ending June 30, 1977, the Commissioner is authorized to make grants to State educational agencies to enable them to develop State plans for the development and implementation of career education programs in the local educational agencies of the States. Such plans shall be designed to carry out the policies and purposes set forth in subsections (a) and (b).

National Advisory Council for Career Education.

Establishment.

Post, p. 75.

(g) (1) Subject to part D of the General Education Provisions Act and within ninety days after the enactment of this section, there is established a National Advisory Council for Career Education which shall be composed of— (A) the Assistant Secretary of Health, Education, and Welfare for Education, the Commissioner of Education, the Director of the Office of Career Education, the Director of the National Institute of Education, the Administrator of the National Center for 88 Stat. 553Education Statistics, the Director of the National Science Foundation, the Chairman of the National Foundation for the Arts, the Chairman of the National Foundation for the Humanities, the Chairman of the National Advisory Council for Vocational Education, all of whom shall serve in a nonvoting ex officio capacity; and (B) not less than twelve public members broadly representative of the fields of education, the arts, the humanities, the sciences, community services, business and industry, and the general public, a majority of whom shall be engaged in education or education-related professions. (2) The public members shall be appointed by the Secretary. The

Chairman; term.

 Secretary shall select the Chairman from among the public members. The members shall serve for terms of three years with not more than four seats rotating in any one year. The Commissioner shall provide such staff and funds for the Council as deemed necessary and such staff and funds shall be in addition to those provided elsewhere in this title. (3) The duties of the Council shall be to advise the Commissioner

Duties.

 on the implementation of this section and carry out such advisory functions as it deems appropriate, including reviewing the operation of this section and all other programs of the Division of Education pertaining to the development and implementation of career education, evaluating their effectiveness in meeting the needs of career education throughout the United States, and in determining the need for further legislative remedy in order that all citizens may benefit from the purposes of career education as prescribed in this section. (4) The Council with the assistance of the Commissioner shall conduct

Survey and assessment.

 a survey and assessment of the current status of career education programs, projects, curricula, and materials in the United States and

Report to Congress.

 submit to Congress, not later than November 1, 1975, a report on such survey and assessment. Such report shall include recommendations of the Council for new legislation designed to accomplish the policies and purposes set forth in subsections (a) and (b). (h) For the purpose of carrying out the provisions of this section,

Appropriation.

 the Commissioner is authorized to expend not to exceed $15,000,000 for each fiscal year ending prior to July 1, 1978.
consumers’ education Sec. 407. (a) (1) Section 811(a) of the Elementary and Secondary Education Act of 1965 is amended to read as follows:

20 USC 887d.
“Sec. 811. (a) (1) There shall be within, the Office of Education an

Office of Consumers’ Education.

Establishment.

 Office of Consumers’ Education (hereafter in this section referred to as the ‘Office’) which shall be headed by a Director of Consumers’ Education (hereafter in this section referred to as the ‘Director’) who, subject to the management of the Commissioner, shall have responsibility for carrying out the provisions of this section. “(2) The Director shall be appointed by the Commissioner in accordance with the provisions of title 5 of the United States Code relating

5 USC 101 et seq.

 to appointments to the competitive service.”.
(2) Such section 811(b) of such Act is amended, in clause (ii) in the second sentence of paragraph (1)(C), by striking out “paragraph (2)” and inserting in lieu thereof “subparagraph (B)”. (3) Section 811(d) of such Act is amended to read as follows: “(d) For the purpose of carrying out this section, the Commissioner is authorized to expend not to exceed $15,000,000 for each fiscal year ending prior to July 1, 1978.”. (b) The amendments made by paragraph (3) of subsection (a)

Effective date.

20 USC 887d note.

 shall be effective on and after July 1, 1973.
88 Stat. 554
women’s educational equity Sec. 408.

Women’s Educational Equity Act of 1974.

20 USC 1866.

 (a) This section may be cited as the “Women’s Educational Equity Act of 1974.” (b) (1) The Congress hereby finds and declares that educational programs in the United States (including its possessions), as presently conducted, are frequently inequitable as such programs relate to women and frequently limit the full participation of all individuals in American society. (2) It is the purpose of this section to provide educational equity for women in the United States.

“Council.”

(c) As used in this section, the term “Council” means the Advisory Council on Women’s Educational Programs.

Grants and contracts.

(d) (1) The Commissioner is authorized to make grants to, and enter into contracts with, public agencies and private nonprofit organizations and with individuals for activities designed to carry out the purposes of this section at all levels of education, including preschool, elementary and secondary education, higher education, and adult education. These activities shall include— (A) the development, evaluation, and dissemination by the applicant of curricula, textbooks, and other educational materials related to educational equity; (B) preservice and inservice training for educational personnel including guidance and counseling with special emphasis on programs and activities designed to provide educational equity; (C) research, development, and educational activities designed to advance educational equity; (D) guidance and counseling activities, including the development of nondiscriminatory tests, designed to assure educational equity; (E) educational activities to increase opportunities for adult women, including continuing educational activities and programs for underemployed and unemployed women; (F) the expansion and improvement of educational programs and activities for women in vocational education, career education, physical education and educational administration.

Applications.

(2) A grant may be made and a contract may be entered into under this section only upon application to the Commissioner, at such time, in such form, and containing or accompanied by such information as the Commissioner may prescribe. Each such application shall— (A) provide that the program or activity for which assistance is sought will be administered by or under the supervision of the applicant; (B) describe a program for carrying out one of the purposes set forth in subsection (a) which holds promise of making a substantial contribution toward attaining such purposes; and (C) set forth policies and procedures which insure adequate evaluation of the activities intended to be carried out under the application. (3) The Commissioner shall approve applicants and amendments thereto which meet the requirements of paragraph (2).

Nondiscrimination.

(4) Nothing in this section shall be construed as prohibiting men from participating in any programs or activities assisted under this section.

Additional grants.

(e) In addition to the authority of the Commissioner under subsection (d), the Commissioner shall carry out a program of small grants, not to exceed $15,000, each, in order to support innovative approaches to achieving the purpose of this section; and for that 88 Stat. 555purpose the Commissioner is authorized to make grants to public and private nonprofit, agencies and to individuals. (f) (1) There is established in the Office of Education an Advisory

Advisory Council on Women’s Educational Programs.

 Council on Women’s Educational Programs. The Council shall be composed of— (A) seventeen individuals, some of whom shall be students,

Establishment; membership.

 who shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals broadly representative of the general public who, by virtue of their knowledge or experience, are versed in the role and status of women in American society; (B) the Chairman of the Civil Rights Commission; (C) the Director of the Women’s Bureau of the Department of Labor; and (D) the Director of the Women’s Action Program of the Department of Health, Education, and Welfare. The Council shall elect its own Chairman. (2) The term of office of each member of the Council appointed

Term.

 under clause (A) of paragraph (1) shall be three years, except that— (A) the members first appointed under such clause shall serve as designated by the President, six for a term of one year, five for a term of two years, and six for a term of three years; and (B) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. (3) The Council shall—

Duties.

 (A) advise the Commissioner with respect to general policy matters relating to the administration of this section; (B) advise and make recommendations to the Assistant Secretary concerning the improvement of educational equity for women; (C) make recommendations to the Commissioner with respect to the allocation of any funds pursuant to this section, including criteria developed to insure an appropriate geographical distribution of approved programs and projects throughout the Nation; and (D) develop criteria for the establishment of program priorities. (4) From the sums available for the purposes of this section, the

Sex discrimination in education, review.

 Commissioner is authorized and directed to conduct a national, comprehensive review of sex discrimination in education, to be submitted to the Council not later’ than a year after the date of enactment of this section. The Council shall review the report of the Commissioner and shall make such recommendations, including recommendations for additional legislation, as it deems advisable. (5) The provisions of part D of the General Education Provisions Act shall apply with respect to the Council established under this

Post, p. 575.

 subsection. (f) The Commissioner is directed, at the end of each fiscal year, to

Report to President, Congress and Council.

 submit to the President and the Congress and to the Council a report setting forth the programs and activities assisted under this section, and to provide for the distribution of this report to all interested groups and individuals, including the Congress, from funds authorized under this section. After receiving the report from the Commissioner,

Program evaluation.

 the Council shall evaluate the programs and projects assisted under this section and include such evaluation in its annual report. (h) For the purpose of carrying out this section, the Commissioner

Appropriation.

 is authorized to expend not to exceed $30,000,000 for each fiscal year prior to July 1, 1978.
88 Stat. 556
elementary and secondary school education in the arts Sec. 409.

20 USC 1867.

 The Commissioner shall, during the period beginning after June 30, 1974 and ending on June 30, 1978, through arrangements made with the John F. Kennedy Center for the Performing Arts, carry out a program of grants and contracts to encourage and assist State and local educational agencies to establish and conduct programs in which the arts are an integral part of elementary and secondary school programs. Not less than $750,000 shall be available for the purposes of this section during any fiscal year during the period for which provision is made in the preceding sentence.
effective date Sec. 410.

20 USC 1801 note.

 Except where otherwise specified in this title, the amendments made by, and the provisions of, this title shall be effective on and after the date of enactment of this Act.
<num value="V">TITLE V—</num> <heading class="inline">EDUCATION ADMINISTRATION</heading> <section> <heading class="smallCaps centered">national center for education statistics</heading> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Part A of the General Education Provisions Act is amended by adding at the end thereof the following new section: <quotedContent> <section> <heading class="smallCaps centered">“national center for education statistics</heading> <num value="406">“<inline class="smallCaps">Sec</inline>. 406. </num><sidenote><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221e–1">20 USC 1221e–1</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">There is established, within the Office of the Assistant Secretary, a National Center for Education Statistics (hereafter in this section referred to as the ‘Center’). The Center shall be headed by an Administrator who shall be appointed by the Assistant Secretary in <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s101">5 USC 101 <i>et seq</i></ref>.</p></sidenote>accordance with the provisions of title 5, United States Code, relating to appointments in the competitive service.</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">collect, collate, and, from time to time, report full and complete statistics on the conditions of education in the United States;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">conduct and publish reports on specialized analyses of the meaning and significance of such statistics;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">assist State and local educational agencies in improving and automating their statistical and data collection activities; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">review and report on educational activities in foreign countries.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Functions.</p></sidenote>“(b) </num> <content class="inline">The purpose of the Center shall be to collect and disseminate statistics and other data related to education in the United States and in other nations. The Center shall—</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Advisory Council on Education Statistics.</p><p class="firstIndent1 fontsize8">Establishment; membership.</p></sidenote>“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">There shall be an Advisory Council on Education Statistics which shall be composed of 7 members appointed by the Secretary and such ex officio members as are listed in subparagraph (2). Not more than 4 of the appointed members of the Council may be members of the same political party.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">The ex officio members of the Council shall be—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">the Commissioner of Education,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">the Director of the National Institute of Education,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">the Director of the Census, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">the Commissioner of Labor Statistics.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8">Terms.</p></sidenote>“(3) </num> <content class="inline">Appointed members of the Council shall serve for terms of 3 years, as determined by the Secretary, except that in the case of initially appointed members of the Council, they shall serve for shorter terms to the extent necessary that the terms of office of not more than 3 members expire in the same calendar year.</content> </paragraph> <page identifier="/us/stat/88/557">88 <inline class="smallCaps">Stat</inline>. 557</page> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">The Assistant Secretary shall serve as the non-voting presiding officer of the Council.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5)</num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">The Council shall meet at the call of the presiding officer, except that it shall meet—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">at least four times during each calendar year; and</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">in addition, whenever three voting members request in writing that the presiding officer call a meeting.</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">Six members of the Council shall constitute a quorum of the Council.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">The provisions of section 448(b) of part D of this title shall<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/84/172">84 Stat. 172</ref>; </p><p class="firstIndent1 fontsize8"><ref href="/us/stat/86/326">86 Stat. 326</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1233g">20 USC 1233g</ref>.</p></sidenote> not apply to the Council established under this subsection.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">“(7) </num> <content class="inline">The Council shall review general policies for the operation of the Center and shall be responsible for establishing standards to insure that statistics and analyses disseminated by the Center are of high quality and are not subject to political influence.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">“(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The Assistant Secretary shall, not later than March 1 of<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> each year, submit to the Congress an annual report which—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">contains a description of the activities of the Center during the then current fiscal year and a projection of its activities during the succeeding fiscal year;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">sets forth estimates of the cost of the projected activities for such succeeding fiscal year; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">includes a statistical report on the condition of education in the United States during the two preceding fiscal years and a projection, for the three succeeding fiscal years, of estimated statistics related to education in the United States.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The Center shall develop and enforce standards designed to<sidenote><p class="firstIndent1 fontsize8">Data publication standards.</p></sidenote> protect the confidentiality of persons in the collection, reporting, and publication of data under this section. This subparagraph shall not be construed to protect the confidentiality of information about institutions, organizations, and agencies receiving grants from or having contracts with the Federal Government.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e">“(e) </num> <content class="inline">In order to carry out the objectives of the Center, the Assistant<sidenote><p class="firstIndent1 fontsize8">Grants.</p></sidenote> Secretary is authorized, either directly or by grant or contract, to carry out the purposes set forth in subsection (b), and for that purpose the Assistant Secretary is authorized to make grants to, and contracts with public and private institutions, agencies, organizations and individuals.</content> </subsection> <subsection class="firstIndent1"> <num value="f">“(f)</num> <paragraph class="inline"> <num value="1">(1)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">The Center is authorized to furnish transcripts or<sidenote><p class="firstIndent1 fontsize8">Special statistical compilations and surveys, submittal to congressional committees.</p></sidenote> copies of tables and other statistical records of the Office of Education, the Assistant Secretary, and the National Institute of Education to, and to make special statistical compilations and surveys for, State or local officials, public and private organizations, or individuals. The Center shall furnish such special statistical compilations and surveys as the Committees on Labor and Public Welfare and on Appropriations of the Senate and the Committees on Education and Labor and on Appropriations of the House of Representatives may request. Such statistical compilations and surveys, other than those carried out pursuant to the preceding sentence, shall be made subject to the payment of the actual or estimated cost of such work. In the case of nonprofit organizations or agencies, the Assistant Secretary may engage in joint statistical projects, the cost of which shall be shared equitably as determined by the Assistant Secretary; <proviso><i>Provided</i>, That the purposes of such projects are otherwise authorized by law.</proviso></content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">All funds received in payment for work or services enumerated under subparagraph (A) shall be deposited in a separate account which may be used to pay directly the costs of such work or services, to repay <page identifier="/us/stat/88/558">88 <inline class="smallCaps">Stat</inline>. 558</page>appropriations which initially bore all or part of such costs, or to refund excess sums when necessary.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Educational data consortium with other Federal agencies.</p></sidenote>“(2)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">The Center shall participate with other Federal agencies having a need for educational data in forming a consortium for the purpose of providing direct joint access with such agencies to all educational data received by the Center through automated data processing. The Library of Congress, General Accounting Office, and the Committees on Labor and Public Welfare and Appropriations of the Senate and the Committees on Education and Labor and Appropriations of the House of Representatives shall, for the purposes of this subparagraph, be considered Federal agencies.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">The Center shall, in accordance with regulations published for the purpose of this paragraph, provide all interested parties, including public and private agencies and individuals, direct access to data collected by the Center for purposes of research and acquiring statistical information.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The Commissioner and the National Institute of Education are directed to cooperate with the Center and make such records and data available to the Center as may be necessary to enable the Center to carry out its functions under this subsection.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="g"><sidenote><p class="firstIndent1 fontsize8">Funds, limitation.</p></sidenote>“(g)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The amount available for salaries and expenses of the Center snail not exceed $5,000,000 for the fiscal year ending June 30, 1975, $10,000,000 for the fiscal year ending June 30, 1976, and $14,000,000 for the fiscal year ending June 30, 1977.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The amount available for grants and contracts by the Assistant Secretary under subsection (e) shall not exceed $20,000,000 for the fiscal year ending June 30, 1975, $25,000,000 for the fiscal year ending June 30, 1976, and $30,000,300 for the fiscal year ending June 30, 1977.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">Sums appropriated for activities and expenses of the Center which are not limited by paragraph (2) of this subsection shall be appropriated apart from appropriations which are so limited, as separate line items.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221e–1">20 USC 1221e–1 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/84/168">84 Stat. 168</ref>; <ref href="/us/stat/86/326">86 Stat. 326</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1231f">20 USC 1231f</ref>.</p></sidenote>(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The amendments made by subsection (a) shall be effective on the tenth day after the date of enactment of this Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 427 of such Act is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“authorization to furnish information</heading> <num value="427">“<inline class="smallCaps">Sec</inline>. 427. </num><sidenote><p class="firstIndent1 fontsize8">Transfer of records.</p></sidenote> <content class="inline">The Commissioner is authorized to transfer transcripts or copies of other records of the Office of Education to State and local officials, public and private organizations, and individuals.”.</content> </section> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221e–1">20 USC 1221e–1 note</ref>.</p></sidenote>(3)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">All functions and authority vested in the Commissioner of Education which, immediately prior to the date upon which the amendments made by subsection (a) become effective, are related to the collection, analysis, and dissemination of statistics about, and reports on the condition of, education in the Nation as determined by the Assistant Secretary are transferred, on such date to the National Center for Education Statistics established under section 406 <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 556.</p></sidenote>of the General Education Provisions Act.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1231f">20 USC 1231f note</ref>.</p><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote>(B) </num> <content class="inline">The functions and authority of the Commissioner of Education under section 427 relating to statistics prior to the date upon which the amendments made by subsection (a) become effective, together with all funds deposited in any account under such section, are transferred, on such date to the National Center for Education Statistics.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4"><sidenote><p class="firstIndent1 fontsize8">Survey.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b–10">20 USC 880b–10 note</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 509.</p></sidenote> (4) </num> <content class="inline">The National Center for Education Statistics shall conduct the survey required by section 731(c)(1)(A) of title VII of the Elementary and Secondary Education Act of 1965.</content> </paragraph> </subsection> </section> <page identifier="/us/stat/88/559">88 <inline class="smallCaps">Stat</inline>. 559</page> <section> <heading class="smallCaps centered">general provisions relating to officers in the education division</heading> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The General Education Provisions Act is amended by adding after section 406 the following new sections:<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 556.</p></sidenote> <quotedContent> <section> <heading class="smallCaps centered">“rules for education officers of the united states</heading> <num value="407">“<inline class="smallCaps">Sec</inline>. 407. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">For the purposes of this section, the term ‘education<sidenote><p class="firstIndent1 fontsize8">“Education officer of the United States.”</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221e–2">20 USC 221e–2</ref>.</p></sidenote> officer of the United States’ means any person appointed by the President pursuant to this part, except members of commissions, councils, and boards.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Each education officer of the United States shall serve at the pleasure of the President.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">No education officer of the United States shall engage in<sidenote><p class="firstIndent1 fontsize8">Conflict-of-interest.</p></sidenote> any other business, vocation, or employment while serving in the position to which he is appointed; nor may he, except with the express approval of the President in writing, hold any office in, or act in any capacity for, or have any financial interest in, any organization, agency, or institution to which an agency in the Education Division makes a grant or with which any such agency makes a contract or any other financial arrangement.</content> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">No person shall hold, or act for, more than one position as an education officer of the United States for more than a 30 day period.</content> </subsection> </section> <section> <heading class="smallCaps centered">“general authority of administrative heads of education agencies</heading> <num value="408">“<inline class="smallCaps">Sec</inline>. 408. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Each administrative head of an education agency, in<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221e–3">20 USC 1221e–3</ref>.</p></sidenote> order to carry out functions otherwise vested in him by law, is, subject to limitations as may be otherwise imposed by law, authorized—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of operation of the agency of which he is head;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">in accordance with those provisions of title 5, United States Code, relating to the appointment and compensation of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s101">5 USC 101 <i>et seq</i></ref>.</p></sidenote> personnel and subject to such limitations as are imposed in this part, to appoint and compensate such personnel as may be necessary to enable such agency to carry out its functions;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">to accept unconditional gifts or donations of services, money, or property (real, personal, or mixed; tangible or intangible);</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">without regard for section 3648 of the Revised Statutes of the United States (31 U.S.C. 529), to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary for the conduct of such agency;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">with funds expressly appropriated for such purpose, to construct such facilities as may be necessary to carry out functions vested in him or in the agency of which he is head, and to acquire and dispose of property; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">to use the services of other Federal agencies and reimburse such agencies for such services.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Any administrative head of an education agency is, subject to<sidenote><p class="firstIndent1 fontsize8">Delegation of functions.</p></sidenote> any other limitations on delegations of authority provided by law, authorized to delegate any of his functions under this section to an officer or employee of that agency.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">For the purposes of this section, the term ‘administrative head<sidenote><p class="firstIndent1 fontsize8">“Administrative head of an education agency.”</p></sidenote> of an education agency’ means the Commissioner and the Director of the National Institute of Education. To the extent that the Assistant <page identifier="/us/stat/88/560">88 <inline class="smallCaps">Stat</inline>. 560</page>Secretary is directly responsible for the administration of a program and to the extent that the Assistant Secretary is responsible for the supervision of the National Center for Education Statistics, the Assistant Secretary shall, for such purposes, be considered within the meaning of such term.”.</content> </subsection> </section> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">The General Education Provisions Act is amended—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221b">20 USC 1221b</ref>.</p></sidenote>(A) </num> <content class="inline">in section 402(b), by striking out the second sentence thereof:</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221e">20 USC 1221e</ref>.</p></sidenote>(B) </num> <chapeau class="inline">in section 405—</chapeau> <clause class="indent3 fontsize10"> <num value="I">(I) </num> <content class="inline">by striking out that part of the first sentence of subsection (d)(1) which follows “<quotedText>Senate</quotedText>” and inserting in lieu thereof a period, and</content> </clause> <clause class="indent3 fontsize10"> <num value="II">(II) </num> <content class="inline">by striking out subsection (f).</content> </clause> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221e–2">20 USC 1221e–2 note</ref>.</p></sidenote>(b) </num> <content class="inline">The amendments made by this section shall be effective on the tenth day after the date of enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">amendment with respect to the office of education; regional offices</heading> <num value="503"><inline class="smallCaps">Sec</inline>. 503. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221c">20 USC 1221c</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 403 of such Act is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“the office of education</heading> <num value="403">“<inline class="smallCaps">Sec</inline>. 403. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There shall be an Office of Education (hereinafter in this section referred to as the ‘Office’) which shall be the primary agency of the Federal Government responsible for the administration of programs of financial assistance to educational agencies, institutions, and organizations. The Office shall have such responsibilities and authorities as may be vested in the Commissioner by law or delegated to the Commissioner in accordance with law.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The Office shall be headed by the Commissioner of Education who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be subject to the direction and supervision of the Secretary.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Office shall, consistent with such organization thereof which is provided by law, be divided into bureaus, and such bureaus shall be divided into divisions as the Commissioner determines appropriate.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">There shall be regional offices of the Office established in such places as the Commissioner, after consultation with the Assistant Secretary, shall determine. Such regional offices shall carry out such functions as are specified in subparagraph (B).</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">The regional offices shall serve as centers for the dissemination of information about the activities of the agencies in the Education Division and provide technical assistance to State and local educational agencies, institutions of higher education, and other educational agencies, institutions, and organizations and to individuals and other groups having an interest in Federal education activities.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">The Commissioner shall not delegate to any employee in any regional office any function which was not carried out, in accordance with regulations effective prior to June 1, 1973, by employees in such offices unless the delegation of such function to employees in regional offices is expressly authorized by law enacted after the enactment of the Education Amendments of 1974.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote>“(3) </num> <content class="inline">The Commissioner shall submit to the Committee on Labor and Public Welfare of the Senate and the Committee on Education and Labor of the House of Representatives not later than November 1 of each year a report on the personnel needs and assignments of the Office. <page identifier="/us/stat/88/561">88 <inline class="smallCaps">Stat</inline>. 561</page>Such report shall include a description (A) of the manner in which the Office is organized and the personnel of the Office are assigned to the various functions of that agency and (B) of personnel needs of that agency in order to enable it to carry out its functions, as authorized by law.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The provisions of the amendments made by subsection (a) shall<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221c">20 USC 1221c note</ref>.</p></sidenote> be effective on the tenth day after the date of enactment of this Act, except that the provisions of limitation set forth in section 403(c)(2)(C) of the General Education Provisions Act shall have effect on the<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 560.</p></sidenote> date of such enactment, and shall be retroactive to June 1, 1973.</content> </subsection> </section> <section> <heading class="smallCaps centered">amendments with respect to the education division</heading> <num value="504"><inline class="smallCaps">Sec</inline>. 504. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 401 of the General Education Provisions Act is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221a">20 USC 1221a</ref>.</p></sidenote> amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“the education division</heading> <num value="401">“<inline class="smallCaps">Sec</inline>. 401. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There shall be, within the Department of Health, Education, and Welfare, an Education Division, composed of the agencies listed in subsection (b), which shall be headed by the Assistant Secretary.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The Education Division shall be composed of the following agencies:</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">The Office of Education; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">The National Institute of Education.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">In the Office of the Assistant Secretary there shall be a National Center for Education Statistics.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The amendment made by subsection (a) shall be effective on<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221a">20 USC 1221a note</ref>.</p></sidenote> the tenth day after the date of enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">amendments with respect to applicability, authorization of appropriations, and other general matters</heading> <num value="505"><inline class="smallCaps">Sec</inline>. 505. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 400 of the General Education Provisions Act is amended to read as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221">20 USC 1221</ref>.</p></sidenote> <quotedContent> <section> <heading class="smallCaps centered">“short title; applicability; definitions; appropriations</heading> <num value="400">“<inline class="smallCaps">Sec</inline>. 400. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">This title may be cited as the ‘<shortTitle role="title">General Education Provisions Act</shortTitle>’.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Except where, otherwise specified, the provisions of this title shall apply to any program for which an administrative head of an education agency has administrative responsibility as provided by law or by delegation of authority pursuant to law.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">For the purposes of this title, the term—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">‘applicable program’ means any program to which this title is, under the terms of subsection (b), applicable;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">‘applicable statute’ means—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">the Act or the title, part or section of an Act, as the case may be, which authorizes the appropriation for an applicable program;</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">this title; and</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">any other statute which under its terms expressly controls the administration of an applicable program;</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">‘Assistant Secretary’ means the Assistant Secretary of Health, Education, and Welfare for Education;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">‘Commissioner’ means the Commissioner of Education;</content> </subparagraph> <page identifier="/us/stat/88/562">88 <inline class="smallCaps">Stat</inline>. 562</page> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content class="inline">‘Director’ means the Director of the National Institute of Education; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">“(F) </num> <content class="inline">‘Secretary’ means the Secretary of Health, Education, and Welfare.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Nothing in this title shall be construed to affect the applicability <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2000a">42 USC 2000a note</ref>.</p></sidenote>of the Civil Rights Act of 1964 to any program subject to the provisions of this title.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">No Act making appropriations to carry out an applicable program shall be considered an applicable statute.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8">Appropriations.</p></sidenote>“(d) </num> <content class="inline">Except as otherwise limited in this title, there are authorized to be appropriated for any fiscal year such sums as may be necessary to carry out the provisions of this title.</content> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8">Limitations.</p></sidenote>“(e)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The aggregate of the appropriations to the agencies in the Education Division and to the Office of the Assistant Secretary for any fiscal year shall not exceed the limitations set forth for that fiscal year in subparagraph (2).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2)</num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">Except as is provided in subparagraph (B), the appropriations to which paragraph (1) applies—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">shall not exceed $7,500,000,000 for the fiscal year ending June 30, 1975, $8,000,000,000 for the fiscal year ending June 30, 1976, and $9,000,000,000 for the fiscal year ending June 30, 1977; and</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">shall not exceed such amounts as may be authorized by the law and limited by this subparagraph.</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">The limitations set forth in subparagraph (A) shall not apply—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">to uncontrollable expenditures under obligations created <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1071">20 USC 1071</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1132c/s1132d">20 USC 1132c, 1132d</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1078a">20 USC 1078a note</ref>.</p></sidenote>under part B of title IV or the Higher Education Act of 1965, farts C and D of title VII of such Act, and the Emergency Insured Student Loan Act of 1969; and</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">to any other expenditure under an obligation determined by the Commissioner pursuant to, or in accordance with, law to be an uncontrollable expenditure of the Office of Education.”</content> </clause> </subparagraph> </paragraph> </subsection> </section> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221g">20 USC 1221g</ref>.</p></sidenote>(2) </num> <content class="inline">Section 442(d) of the Education Amendments of 1972 is amended by striking out “<quotedText>400(c)</quotedText>” and inserting in lieu thereof “<quotedText>400(d)</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221">20 USC 1221 note</ref>.</p></sidenote>(b) </num> <content class="inline">The amendments made by subsection (a) shall be effective on the tenth day after the date of enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">revision of appropriations and evaluations provisions</heading> <num value="506"><inline class="smallCaps">Sec</inline>. 506. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221">20 USC 1221</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Part B of the General Education Provisions Act is amended—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">by inserting immediately after the heading thereof the following: <quotedContent> <subpart> <num value="I">“Subpart I—</num> <heading class="inline">Appropriations”</heading> </subpart> </quotedContent> </content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1222/s1224">20 USC 1222, 1224</ref>.</p><ref href="/us/usc/t20/s1223">20 USC 1223</ref>.<ref href="/us/usc/t20/s1225">20 USC 1225</ref>.</sidenote> <content class="inline">by striking out section 411 and section 413;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">by redesignating section 412 as 411;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">by redesignating section 414 as section 412; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">(E) </num> <content class="inline">by striking out subsection (b) of such section 412, as redesignated by this paragraph, and adding in lieu thereof the following new subsections: <quotedContent> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Notwithstanding any other provision of law, unless enacted in specific limitation of the provisions of this subsection, any funds from appropriations to carry out any programs to which this title is applicable during any fiscal year, ending prior to July 1, 1978, which are not obligated and expended by educational agencies or institutions prior to the beginning of the fiscal year succeeding the fiscal year for <page identifier="/us/stat/88/563">88 <inline class="smallCaps">Stat</inline>. 563</page>which such funds were appropriated shall remain available for obligation and expenditure by such agencies and institutions during such succeeding fiscal year.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">if any funds appropriated to carry out any applicable program are not obligated pursuant to a spending plan submitted in accordance with section 3679 (d)(2) of the Revised Statutes and become<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s665">31 USC 665</ref>.</p></sidenote> available for obligation after the institution of a judicial proceeding seeking the release of such funds, then such funds shall be available for obligation and expenditure until the end of the fiscal year which begins after the termination of such judicial proceeding.”.</content> </subsection> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">Part B of such Act is further amended—<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 562.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1226">20 USC 1226</ref>.</p></sidenote></chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">by redesignating section 415 as 413; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">by adding immediately after section 413, as redesignated by this paragraph, the following new section: <quotedContent> <section> <heading class="smallCaps centered">“contingent extension of programs</heading> <num value="414">“<inline class="smallCaps">Sec</inline>. 414. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Unless the Congress in the regular session which ends<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1226a">20 USC 1226a</ref>.</p></sidenote> prior to the beginning of the terminal fiscal year—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">of the authorization of appropriations for an applicable program; or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">of the duration of an applicable program; either—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">has passed or has formally rejected legislation which would have the effect of extending the authorization or duration (as the case may be) of that program; or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">by action of either the House of Representatives or the Senate, approves a resolution stating that the provisions of this section shall no longer apply to such program;</content> </subparagraph> </paragraph> <continuation class="fontsize10">such authorization or duration is hereby automatically extended for one additional fiscal year. The amount appropriated for such additional year shall not exceed the amount which the Congress could, under the terms of the law for which the appropriation is made, have appropriated for such program during such terminal year.</continuation> </subsection> <subsection class="firstIndent1"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">For the purposes of clause (A) of subsection (a), the Congress shall not have been deemed to have passed legislation unless such legislation becomes law.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">In any case where the Commissioner is required under an applicable statute to carry out certain acts or make certain determinations which are necessary for the continuation of an applicable program, if such acts or determinations are required during the terminal year of such program, such acts and determinations shall be required during any fiscal year in which that part of subsection (a) which follows clause (B) thereof is in operation.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">Part B of such Act is further amended—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">by redesignating section 417 as section 419,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1227">20 USC 1227</ref>.</p></sidenote></content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">by striking out “<quotedText>section 400(c)</quotedText>” in such section 419, as redesignated by this paragraph, and inserting in lieu thereof “<quotedText>section 400(d)</quotedText>”, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">by adding immediately after section 414, as added by paragraph<sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote> (2) of this subsection, the following: <quotedContent> <subpart> <num value="2">“Subpart 2—</num> <heading class="inline">Planning and Evaluation of Federal Education Activities</heading> <section> <heading class="smallCaps centered">“program planning and evaluation</heading> <num value="416">“<inline class="smallCaps">Sec</inline>. 416. </num> <content class="inline">Sums appropriated pursuant to section 400(d) may<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1226b">20 USC 1226b</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 561.</p></sidenote> include for any fiscal year for which appropriations are otherwise <page identifier="/us/stat/88/564">88 <inline class="smallCaps">Stat</inline>. 564</page>authorized under any applicable program not to exceed $25,000,000 which shall be available to the Secretary, in accordance with regulations prescribed by him, for expenses, including grants, contracts, or other payments, for (1) planning for the succeeding year for any such program, and (2) evaluation of such programs.</content> </section> <section> <heading class="smallCaps centered">“annual evaluation reports</heading> <num value="417">“<inline class="smallCaps">Sec</inline>. 417. </num><sidenote><p class="firstIndent1 fontsize8">Transmittal to congressional committees.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1226c">20 USC 1226c</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Not later than November 1 of each year, the Secretary shall transmit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate an annual evaluation report which evaluates the effectiveness of applicable programs in achieving their legislated purposes together with recommendations relating to such programs for the improvement of such programs which will result in greater effectiveness in achieving such purposes. In the case of any evaluation report evaluating specific programs and projects, such report shall—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">set forth goals and specific objectives in qualitative and quantitative terms for all programs and projects assisted under the applicable program concerned and relate those goals and objectives to the purposes of such program;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">contain information on the progress being made during the previous fiscal year toward the achievement of such goals and objectives;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">describe the cost and benefits of the applicable program being evaluated during the previous fiscal year and identify which sectors of the public receive the benefits of such program and bear the costs of such program;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">contain plans for implementing corrective action and recommendations for new or amended legislation where warranted;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content class="inline">contain a listing identifying the principal analyses and studies supporting the major conclusions and recommendations in the report; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">“(F) </num> <content class="inline">be prepared in concise summary form with necessary detailed data and appendices.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">In the case of programs and projects assisted under title I of <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 488.</p></sidenote>the Elementary and Secondary Education Act of 1965, the report under this subsection shall include a survey of how many of the children <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 490.</p></sidenote>counted under section 103(c) of such Act participate in such programs and projects, and how many of such children do not, and a survey of how many educationally disadvantaged children participate in such programs and projects, and how many educationally disadvantaged <sidenote><p class="firstIndent1 fontsize8">“ Educationally disadvantaged children.”</p></sidenote>children do not. For purposes of the preceding sentence, the term ‘educationally disadvantaged children’ refers to children who are achieving one or more years behind the achievement expected at the appropriate grade level for such children.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Each evaluation report submitted pursuant to subsection (a) shall contain: (1) a brief description of each contract or grant for evaluation of any program (whether or not such contract or grant was made under section 416) any part of the performance of which occurred during the preceding year, (2) the name of the firm or individual who is to carry out the evaluation, and (3) the amount to be paid under the contract or grant.</content> </subsection> </section> <section> <heading class="smallCaps centered">“renewal evaluation reports</heading> <num value="418">“<inline class="smallCaps">Sec</inline>. 418. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1226d">20 USC 1226d</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">In the case of any applicable program for which—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">the authorization of appropriations expires; or</content> </paragraph> <page identifier="/us/stat/88/565">88 <inline class="smallCaps">Stat</inline>. 565</page> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">the time during which payments or grants are to be made expires;</content> </paragraph> <continuation class="fontsize10">not later than one year prior to the date of such expiration, the Assistant Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate a comprehensive evaluation report on such program.</continuation> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <chapeau class="inline">Any comprehensive evaluation report submitted pursuant to subsection (a) shall contain—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">a history of the program concerned, including—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">a history of authorizations of appropriations, budget requests, appropriations, and expenditures for such programs;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">a history of legislative recommendations with respect to such program made by the President and the disposition of such recommendations, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">a history of legislative changes made in applicable statutes with respect to such program;</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">assuming a continuation of such program, recommendations for improvements (including legislative changes and funding levels) in such program with a view toward achieving the legislative purposes of such program;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">a compilation and summary of all evaluations of such program; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">a recommendation with respect to whether such program should be continued, and the date of its expiration, and the reasons for such recommendation.”.</content> </paragraph> </subsection> </section> </subpart> </quotedContent> </content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The amendments made by subsection (a) of this section shall<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1223">20 USC 1223 note</ref>.</p></sidenote> become effective on the date of enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">applicability of part c</heading> <num value="507"><inline class="smallCaps">Sec</inline>. 507. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 421 of the General Education Provisions Act,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1231">20 USC 1231</ref>.</p></sidenote> and all references thereto, is redesignated as section 421 A; and such Act is amended by inserting after the heading of part C of such Act the following new section: <quotedContent> <section> <heading class="smallCaps centered">“applicability</heading> <num value="421">“<inline class="smallCaps">Sec</inline>. 421. </num> <content class="inline">The provisions of this part shall apply to any program for<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1230">20 USC 1230</ref>.</p></sidenote> which the Commissioner has administrative responsibility, as specified by law or by delegation of authority pursuant to law.”.</content> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The amendment made by subsection (a) shall be effective on<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1230">20 USC 1230 note</ref>.</p></sidenote> and after July 1, 1974.</content> </subsection> </section> <section> <heading class="smallCaps centered">publication op indexed compilation of innovative projects; review of applications</heading> <num value="508"><inline class="smallCaps">Sec</inline>. 508. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Part C of the General Education Provisions Act is amended by redesignating sections 424 through 427 as sections 426<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s123lc/s12314/s1231e/s1231f">20 USC 123lc, 12314, 1231e, 1231f</ref>.</p></sidenote> through 429, respectively, and by inserting after section 423 the following new sections: <quotedContent> <section> <heading class="smallCaps centered">“compilation of assisted innovative projects</heading> <num value="424">“<inline class="smallCaps">Sec</inline>. 424. </num> <content class="inline">The Assistant Secretary shall publish annually a compilation<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1231b–1">20 USC 1231b–1</ref>.</p></sidenote> of all innovative projects assisted under programs administered in the Education Division, including title III and part C of title IV of the Elementary and Secondary Education Act of 1965, in any<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s841">20 USC 841</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 543.</p></sidenote> <page identifier="/us/stat/88/566">88 <inline class="smallCaps">Stat</inline>. 566</page>year funds are used to carry out such programs. Such compilation shall be indexed according to subject, descriptive terms, and locations.</content> </section> <section> <heading class="smallCaps centered">“review of applications</heading> <num value="425">“<inline class="smallCaps">Sec</inline>. 425. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1231b–2">20 USC 1231b–2</ref>.</p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">In the case of any applicable program under which financial assistance is provided to (or through) a State educational agency to be expended in accordance with a State plan approved by the Commissioner, and in the case of the program provided for in title I <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s236">20 USC 236</ref>.</p></sidenote>of the Elementary and Secondary Education Act of 1965, any applicant or recipient aggrieved by the final action of the State educational agency, and alleging a violation of State or Federal law, rules, regulations, or guidelines governing the applicable program, in (1) disapproving or failing to approve its application or program in whole or part, (2) failing to provide funds in amounts in accord with the requirements of laws and regulations, or (3) terminating further assistance for an approved program, may within thirty days request a hearing. Within thirty days after it receives such a request, the State educational agency shall hold a hearing on the record and shall review such final action. No later than ten days after the hearing the State educational agency shall issue its written ruling, including reasons therefor. If it determines such final action was contrary to Federal or State law, or the rules, regulations, and guidelines, governing such applicable program it shall rescind such final act ion.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Approval.</p></sidenote>“(b) </num> <content class="inline">Any applicant or recipient aggrieved by the failure of a State educational agency to rescind its final action after a review under such subsection (a) may appeal such action to the Commissioner. An appeal under this subsection may be taken only if notice of such appeal is filed with the Commissioner within twenty days after the applicant or recipient has been notified by the State educational agency of the results of its review under subsection (a). If, on such appeal, the Commissioner determines the final action of the State educational agency was contrary to Federal law, or the rules, regulations, and guidelines governing the applicable program, he shall issue an order to the State educational agency prescribing appropriate action to be taken by such agency. On such appeal, findings of fact of the State educational agency, if supported by substantial evidence, shall be final. The Commissioner may also issue such interim orders to State educational agencies as he may deem necessary and appropriate pending appeal or review.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Records, availability.</p></sidenote>“(c) </num> <content class="inline">Each State educational agency shall make available at reasonable times and places to each applicant or recipient under a program to which this section applies all records of such agency pertaining to any review or appeal such applicant or recipient is conducting under this section, including records of other applicants.</content> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8">Noncompliance.</p></sidenote>“(d) </num> <content class="inline">If any State educational agency fails or refuses to comply with any provision of this section, or with any order of the Commissioner under subsection (b), the Commissioner shall forthwith terminate all assistance to the State educational agency under the applicable program affected.”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1231b–1">20 USC 1231b–1 note</ref>.</p></sidenote>(b) </num> <content class="inline">The amendments made by subsection (a) shall be effective on the date of enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">amendments to section 431 of the general education provisions act relating to rules, regulations, and other requirements of general applicability</heading> <num value="509"><inline class="smallCaps">Sec</inline>. 509. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 431 (b) of the General Education Provisions <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232">20 USC 1232</ref>.</p></sidenote>Act is amended by inserting “<quotedText>(1)</quotedText>” after “<quotedText>(b)</quotedText>” and by adding at the end thereof the following: <quotedContent> <page identifier="/us/stat/88/567">88 <inline class="smallCaps">Stat</inline>. 567</page> <paragraph class="indent1 fontsize10"> <num value="2">“(2)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">During the thirty-day period prior to the date upon which such standard, rule, regulation, or general requirement is to be effective, the Commissioner shall, in accordance with the provisions of section 553 of title 5, United States Code, offer any interested party an opportunity to make comment upon, and take exception to, such standard, rule, regulation, or general requirement and shall reconsider any such standard, rule, regulation, or general requirement upon which comment is made or to which exception is taken.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">If the Commissioner determines that the thirty-day requirement in paragraph (1) will cause undue delay in the implementation of a regulation, thereby causing extreme hardship for the intended beneficiaries of an applicable program, he shall notify the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate. If neither committee<sidenote><p class="firstIndent1 fontsize8">Waiver.</p></sidenote> disagrees with the determination of the Commissioner within 10 days after such notice, the Commissioner may waive such requirement with respect to such regulation.”.</content> </subparagraph> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 431 of such Act is amended by adding at the end thereof<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 566.</p></sidenote> the following new subsections: <quotedContent> <subsection class="firstIndent1"> <num value="d">“(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Concurrently with the publication in the Federal Register<sidenote><p class="firstIndent1 fontsize8">Transmittal to Speaker of the House and President of the Senate.</p></sidenote> of any standard, rule, regulation, or requirement of general applicability as required in subsection (b) of this section, such standard, rule, regulation, or requirement shall be transmitted to the Speaker of the House of Representatives and the President of the Senate. Such standard, rule, regulation, or requirement shall become effective<sidenote><p class="firstIndent1 fontsize8">Effective date.</p></sidenote> not less than forty-five days after such transmission unless the Congress shall, by concurrent resolution, find that the standard, rule, regulation, or requirement is inconsistent with the Act from which it derives its authority, and disapprove such standard, rule, regulation, or requirement.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The forty-five-day period specified in paragraph (1) shall be deemed to run without interruption except during periods when either House is in adjournment sine die, in adjournment subject to the call of the Chair, or in adjournment to a day certain for a period of more than four consecutive days. In any such period of adjournment, the forty-five days shall continue to run, but if such period of adjournment is thirty calendar days, or less, the forty-five-day period shall not be deemed to have elapsed earlier than ten days after the end of such adjournment. In any period of adjournment which lasts more than thirty days, the forty-five-day period shall be deemed to have elapsed after thirty calendar days has elapsed, unless, during those thirty calendar days, either the Committee on Education and Labor of the House of Representatives, or the Committee on Labor and Public Welfare of the Senate, or both, shall have directed its chairman, in accordance with said committee’s rules, and the rules of that House, to transmit to the appropriate department or agency head a formal statement of objection to the proposed standard, rule, regulation, or requirement. Such letter shall suspend the effective date of the standard, rule, regulation, or requirement until not less than twenty days after the end of such adjournment, during which the Congress may enact the concurrent resolution provided for in this subsection. In no event shall the standard, ride, regulation, or requirement go into effect until the forty-five-day period shall have elapsed, as provided for in this subsection, for both Houses of the Congress.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e">“(e) </num> <content class="inline">Whenever a concurrent resolution of disapproval is enacted by the Congress under the provisions of this section, the agency which issued such standard, rule, regulation, or requirement may thereafter issue a modified standard, rule, regulation, or requirement to <page identifier="/us/stat/88/568">88 <inline class="smallCaps">Stat</inline>. 568</page>govern the same or substantially identical circumstances, but shall, in publishing such modification in the Federal Register and submitting it to the Speaker of the House of Representatives and the President of the Senate, indicate how the modification differs from the proposed standard, rule, regulation, or requirement of general applicability earlier disapproved, and how the agency believes the modification disposes of the findings by the Congress in the concurrent resolution of disapproval.</content> </subsection> <subsection class="firstIndent1"> <num value="f">“(f) </num> <content class="inline">For the purposes of subsections (d) and (e) of this section, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221d/s1221e">20 USC 1221d, 1221e</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 556.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1681">20 USC 1681</ref>.</p></sidenote>activities under sections 104, 405, and 406 of this title, and under title IX of the Education Amendments of 1972 shall be deemed to be applicable programs.</content> </subsection> <subsection class="firstIndent1"> <num value="g"><sidenote><p class="firstIndent1 fontsize8">Schedule, submittal to congressional committees.</p></sidenote>“(g) </num> <content class="inline">Not later than sixty days after the enactment of any part of any Act affecting the administration of any applicable program, the Commissioner shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate a schedule in accordance with which the Commissioner has planned to promulgate rules, regulations, and guidelines implementing such Act or part of such Act. Such schedule shall provide that all such rules, regulations, and guidelines shall be promulgated within one hundred and eighty days after the submission of such schedule. Except as is provided in the following sentence, all such rules, regulations, and guidelines shall be promulgated in accordance with such schedule. If the Commissioner finds that, due to circumstances unforseen at the time of the submission of any such schedule, he cannot comply with a schedule submitted pursuant to this subsection, he shall notify such committees of such finding and submit a new schedule. If both such committees notify the Commissioner of their approval of such new schedule, such rules, regulations, and guidelines shall be promulgated in accordance with such new schedule.”.</content> </subsection> </quotedContent> </content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232">20 USC 1232 note</ref>.</p></sidenote>(b) </num> <content class="inline">The amendment made by paragraph (2) of subsection (a) shall be effective on the date of enactment of this Act and shall be effective with respect to the provisions of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">audits and recordkeeping</heading> <num value="510"><inline class="smallCaps">Sec</inline>. 510. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/84/169">84 Stat. 169</ref>; <ref href="/us/stat/86/326">86 Stat. 326</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232c">20 USC 1232c</ref>.</p></sidenote> <content class="inline">Section 434(a) of the General Education Provisions Act is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="434">“<inline class="smallCaps">Sec</inline>. 434. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Each recipient of Federal funds under any applicable program through any grant, subgrant, contract, subcontract, loan, or other arrangement entered into (other than by formal advertising) shall keep such records as the Assistant Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such funds are given or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall, until the expiration of five years after the completion of the project or undertaking to which reference is made in paragraph (1), have access, for the purpose of audit and examination, to any books, documents, papers, and records of such recipients which, in the opinion of the Comptroller General, after consultation with the Assistant Secretary, may be related, or pertinent to, the grants, subgrants, contracts, subcontracts, loans, or other arrangements to which reference is made in paragraph (1).”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </section> <page identifier="/us/stat/88/569">88 <inline class="smallCaps">Stat</inline>. 569</page> <section> <heading class="smallCaps centered">simplified state application</heading> <num value="511"><inline class="smallCaps">Sec</inline>. 511. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 434 of the General Education Provisions Act<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232c">20 USC 1232c</ref>.</p></sidenote> is amended by striking out subsection (b) thereof and inserting in lieu thereof the following: <quotedContent> <subsection class="firstIndent1"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1)</num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">In the case of any State which applies, contracts, or submits a plan, for participation in any applicable program in which Federal funds are made available for assistance, to local educational agencies through, or under the supervision of the State educational agency of that State, such State shall submit to, and maintain on file with, the Commissioner a general application meeting the requirements of this subsection. Such general application shall (i) provide for the submission by the State and approval by the Commissioner of an annual program plan with respect to the particular programs in which the State desires to participate and (ii) provide assurances—</chapeau> <subclause class="indent4 fontsize10"> <num value="I">“(I) </num> <content class="inline">that the State will, through its State educational agency, provide for such methods of administration as are necessary for the proper and efficient administration of the programs to which the general application applies;</content> </subclause> <subclause class="indent4 fontsize10"> <num value="II">“(II) </num> <content class="inline">that the State will make provision for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the St ates under any applicable program;</content> </subclause> <subclause class="indent4 fontsize10"> <num value="III">“(III) </num> <content class="inline">that the State will make provision for making such reports as the Commissioner may require to carry out his functions;</content> </subclause> <subclause class="indent4 fontsize10"> <num value="IV">“(IV) </num> <content class="inline">that the State will follow such policies and use such methods and practices of administration as will insure that non-Federal funds will not be supplanted by Federal funds; and</content> </subclause> <subclause class="indent4 fontsize10"> <num value="V">“(V) </num> <content class="inline">that the State will submit to, and have approved by, the Commissioner an annual program plan in accordance with subparagraph (B).</content> </subclause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">The annual program plan submitted by any State for any fiscal<sidenote><p class="firstIndent1 fontsize8">Annual program plan.</p></sidenote> year with respect to any program to which this paragraph applies shall—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">be prepared and administered in a manner consistent with specific State plan requirements of the appropriate applicable statutes affecting the program for which the annual program plan is applicable;</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">set forth a statement describing the purposes for which Federal funds will be expended during the fiscal year for which the annual program plan is submitted; and</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">comply in all other respects with the specific requirements of the appropriate applicable statutes.</content> </clause> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">In accordance with determinations and regulations of the Commissioner, the requirements of paragraph (1) shall be in lieu of comparable requirements for State plans tn applicable statutes authorizing appropriations for programs to which paragraph (1) applies,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">In the case of any application for assistance under any applicable program to which paragraph (1) does not apply and with respect to which the Commissioner determines that this section would simplify the administration of an applicable program, each such application shall be submitted to the Commissioner at such time, in such manner, and containing such information as the Commissioner shall prescribe by regulation and, as a precondition for approval, shall—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">provide for such methods of administration as are necessary for the proper and efficient administration of the program or project for which application is made;</content> </subparagraph> <page identifier="/us/stat/88/570">88 <inline class="smallCaps">Stat</inline>. 570</page> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">make provision for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the applicant under the application; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">provide for making such reports as the Commissioner may require to carry out his functions.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Noncompliance.</p></sidenote>“(c) </num> <content class="inline">Whenever the Commissioner, after reasonable notice and an opportunity for hearing, finds that there has been a failure, by any recipient of funds under any applicable program, to comply substantially with the terms to which such recipient has agreed in order to receive such funds, the Commissioner shall notify such recipient that further payments will not be made to such recipient under that program until he is satisfied that such recipient no longer fails to comply with such terms. Until the Commissioner is so satisfied, no further payments shall be made to such recipient. Pending the outcome of any termination proceeding initiated under this paragraph, the Commissioner may suspend payments to such recipient, after such recipient has been given reasonable notice and opportunity to show cause why such action should not be taken.</content> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8">Judicial review.</p></sidenote>“(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">If any State has submitted an application for funds under any applicable program under which appropriations for such program are, by the applicable statute, allotted or apportioned among the States or under which the State (or local educational agencies in that State) is entitled to a portion of an appropriation therefor and the Commissioner disapproves such application, or if the Commissioner withholds payments to a State under paragraph (1) of subsection (c), that State shall be entitled to judicial review of the actions of the Commissioner in accordance with the provisions of this paragraph.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">If any State, under circumstances qualifying for judicial review under this paragraph, desires judicial review of the Commission’s action, such State may, within sixty days of such action, file with the United States Court of Appeals for the circuit in which such State is located a petition for review of such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based the action brought under this division, as provided in section 2112 of title 28, United States Code.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">The court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8">“Application.”</p></sidenote>“(e) </num> <chapeau class="inline">For the purposes of this section, the term ‘application’ includes—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">an application for a grant;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">an offer to make a contract;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">a State plan for the administration of an applicable program;</content> </paragraph> <page identifier="/us/stat/88/571">88 <inline class="smallCaps">Stat</inline>. 571</page> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">State assurances with respect to the administration of such a program; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">any other methods for seeking Federal funds from the Commissioner of Education j</content> </paragraph> <continuation class="fontsize10">under which an agency, institution, organization, or other organized entity may become the recipient of Federal funds.”.</continuation> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The amendments made by subsection (a) shall be effective<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232c">20 USC 1232c note</ref>.</p></sidenote> on and after July 1, 1974.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Nothing in the amendment made by subsection (a) shall be<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232c">20 USC 1232c note</ref>.</p></sidenote> construed to affect, the applicability of chapter 5 of title 5, United States Code, to the Office of Education or actions by the Commissioner.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s500">5 USC 500</ref>.</p></sidenote></content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">furnishing information</heading> <num value="512"><inline class="smallCaps">Sec</inline>. 512. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Fart C of the General Education Provisions Act is further amended by adding at the end thereof the following new section: <quotedContent> <section> <heading class="smallCaps centered">“responsibility of states to furnish information</heading> <num value="437">“<inline class="smallCaps">Sec</inline>. 437. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Commissioner shall require that each State submit<sidenote><p class="firstIndent1 fontsize8">Report to Commissioner.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232f">20 USC 1232f</ref>.</p></sidenote> to him, within sixty days after the end of any fiscal year, a report on the uses of Federal funds in that State under any applicable program for which the State is responsible for administration. Such report shall—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">list all grants and contracts made under such program to the local educational agencies and other public and private agencies and institutions within such State during such year;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">include the total amount of funds available to the State under each such program for such fiscal year and specify from which appropriation Act or Acts these funds were available;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">with respect to the second preceding fiscal year, include a compilation of reports from local educational agencies and other public and private agencies and institutions within such State which sets forth the amount of such Federal funds received by each such agency and the purposes for which such funds were expended;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">with respect to such second preceding fiscal year, include a statistical report on the individuals served or affected by programs, projects, or activities assisted with such Federal funds; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">be made readily available by the State to local educational agencies and other public and private agencies and institutions within the State, and to the public.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">On or before October 15 of each year, the Commissioner shall<sidenote><p class="firstIndent1 fontsize8">Report analysis and statistical data, submittal to congressional committees.</p></sidenote> submit to the Committee on Labor and Public Welfare of the Senate and to the Committee on Education and Labor of the House of Representatives an analysis of these reports and a compilation of statistical data derived therefrom.”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The amendment made by subsection (a) shall be effective upon<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232f">20 USC 1232f note</ref>.</p></sidenote> enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">protection of the rights and privacy of parents and students</heading> <num value="513"><inline class="smallCaps">Sec</inline>. 513. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Part C of the General Education Provisions Act is<sidenote><p class="firstIndent1 fontsize8">Family Educational Rights and Privacy Act of 1974.</p></sidenote> further amended by adding at the end thereof the following new section: <quotedContent> <section> <heading class="smallCaps centered">“protection of the rights and privacy of parents and students</heading> <num value="438">“<inline class="smallCaps">Sec</inline>. 438. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">No funds shall be made available under any applicable<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232g">20 USC 1232g</ref>.</p></sidenote> program to any State or local educational agency, any institution of higher education, any community college, any school, agency <page identifier="/us/stat/88/572">88 <inline class="smallCaps">Stat</inline>. 572</page>offering a preschool program, or any other educational institution which has a policy of denying, or which effectively prevents, the parents of students attending any school of such agency, or attending such institution of higher education, community college, school, preschool, or other educational institution, the right to inspect and review any and all official records, files, and data directly related to their children, including all material that is incorporated into each student’s cumulative record folder, and intended for school use or to be available to parties outside the school or school system, and specifically including, but not necessarily limited to, identifying data, academic work completed, level of achievement (grades, standardized achievement test scores), attendance data, scores on standardized intelligence, aptitude, and psychological tests, interest inventory results, health data, family background information, teacher or counselor ratings and observations, and verified reports of serious or recurrent behavior patterns. Where such records or data include information on more than one student, the parents of any student shall be entitled to receive, or be informed of, that part of such record or data as pertains to their child. Each recipient shall establish appropriate procedures for the granting of a request by parents for access to their child’s school records within a reasonable period of time, but in no case more than forty-five days after the request has been made.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Hearing.</p></sidenote>“(2) </num> <content class="inline">Parents snail have an opportunity for a hearing to challenge the content of their child’s school records, to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Release of records parental consent requirement.</p></sidenote>“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">No funds shall be made available under any applicable program to any State or local educational agency, any institution of higher education, any community college, any school, agency offering a preschool program, or any other educational institution which has a policy of permitting the release of personally identifiable records or files (or personal information contained therein) of students without the written consent of their parents to any individual, agency, or organization, other than to the following—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">other school officials, including teachers within the educational institution or local educational agency who have legitimate educational interests;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">officials of other schools or school systems in which the student intends to enroll, upon condition that the student’s parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">authorized representatives of (i) the Comptroller General of the United States, (ii) the Secretary, (iii) an administrative head of an education agency (as defined in section 409 of this Act), or (iv) State educational authorities, under the conditions set forth in paragraph (3) of this subsection; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">in connection with a student’s application for, or receipt of, financial aid.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">No funds shall be made available under any applicable program to any State or local educational agency, any institution of higher education, any community college, any school, agency offering a preschool program, or any other educational institution which has a policy or practice of furnishing, in any form, any personally identifiable information contained in personal school records, to any persons other than those listed in subsection (b)(1) unless—</chapeau> <page identifier="/us/stat/88/573">88 <inline class="smallCaps">Stat</inline>. 573</page> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">there is written, consent from the student’s parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the student’s parents and the student if desired by the parents, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">such information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution or agency.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">Nothing contained in this section shall preclude authorized<sidenote><p class="firstIndent1 fontsize8">Records, accessibility for audit.</p></sidenote> representatives of (A) the Comptroller General of the United States, (B) the Secretary, (C) an administrative head of an education agency or (D) State educational authorities from having access to student or other records which may be necessary in connection with the audit and evaluation of Federally-supported education program, or in connection with the enforcement of the Federal legal requirements which relate to such programs: <proviso><i>Provided</i>, That, except when collection of personally identifiable data is specifically authorized by Federal law, any data collected by such officials with respect to individual students shall not include information (including social security numbers) which would permit the personal identification of such students or their parents after the data so obtained has been collected.</proviso></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">With respect to subsections (c)(1) and (c)(2) and (c)(3),<sidenote><p class="firstIndent1 fontsize8">Written request.</p></sidenote> all persons, agencies, or organizations desiring access to the records of a student shall be required to sign a written form which shall be kept permanently with the file of the student, but only for inspection by the parents or student, indicating specifically the legitimate educational or other interest that each person, agency, or organization has in seeking this information. Such form shall be available to parents and to the school official responsible for record maintenance as a means of auditing the operation of the system.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">With respect to this subsection, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">The Secretary shall adopt appropriate regulations to protect<sidenote><p class="firstIndent1 fontsize8">Surveys.</p></sidenote> the rights of privacy of students and their families in connection with any surveys or data-gathering activities conducted, assisted, or authorized by the Secretary or an administrative head of an education, agency. Regulations established under this subsection shall include provisions controlling the use, dissemination, and protection of such data. No survey or data-gathering activities shall be conducted by the Secretary, or an administrative head of an education agency under an applicable program, unless such activities are authorized by law.</content> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">For the purposes of this section, whenever a student has attained eighteen years of age, or is attending an, institution of post-secondary education the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student.</content> </subsection> <subsection class="firstIndent1"> <num value="e">“(e) </num> <content class="inline">No funds shall be made available under any applicable program unless the recipient of such funds informs the parents of students, or the students, if they are eighteen years of age or older, or are attending an institution of postsecondary education, of the rights accorded them by this section.</content> </subsection> <subsection class="firstIndent1"> <num value="f">“(f) </num> <content class="inline">The Secretary, or an administrative head of an education agency, shall take appropriate actions to enforce provisions of this section and to deal with violations of this section, according to the provisions of this Act, except that, action to terminate assistance may <page identifier="/us/stat/88/574">88 <inline class="smallCaps">Stat</inline>. 574</page>be taken only if the Secretary finds there has been a failure to comply with the provisions of this section, and he has determined that compliance cannot be secured by voluntary means.</content> </subsection> <subsection class="firstIndent1"> <num value="g">“(g) </num> <content class="inline">The Secretary shall establish or designate an office and review board within the Department of Health, Education, and Welfare for the purpose of investigating, processing, reviewing, and adjudicating violations of the provisions of this section and complaints which may be filed concerning alleged violations of this section, according to the <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 568–571.</p></sidenote>procedures contained in sections 434 and 437 of this Act.”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232g">20 USC 1232g note</ref>.</p></sidenote>(b)</num> <paragraph class="inline"> <num value="1">(1)</num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">The provisions of this section shall become effective ninety days after the date of enactment of section 438 of the General Education Provisions Act.</content> </clause> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232g">20 USC 1232g note</ref>.</p></sidenote>(2)</num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">This section may be cited as the “<shortTitle role="section">Family Educational Rights and Privacy Act of 1974</shortTitle>”.</content> </clause> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">protection of pupil rights</heading> <num value="514"><inline class="smallCaps">Sec</inline>. 514. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Part C of the General Education Provisions Act is <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 571.</p></sidenote>further amended by adding after section 438 the following new section: <quotedContent> <section> <heading class="smallCaps centered">“protection of pupil rights</heading> <num value="439">“<inline class="smallCaps">Sec</inline>. 439. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232h">20 USC 1232h</ref>.</p></sidenote> <content class="inline">All instructional material, including teacher’s manuals, films, tapes, or other supplementary instructional material which will be used in connection with any research or experimentation program or project shall be available for inspection by the parents or guardians <sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote>of the children engaged in such program or project. For the purpose of this section ‘research or experimentation program or project’ means any program or project in any applicable program designed to explore or develop new or unproven teaching methods or techniques.”.</content> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232h">20 USC 1232h note</ref>.</p></sidenote>(b) </num> <content class="inline">The amendment made by subsection (a) shall be effective upon enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">limitation on withholding of federal funds</heading> <num value="515"><inline class="smallCaps">Sec</inline>. 515. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Part C of the General Education Provisions Act is <sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote>further amended by adding after section 439 the following new section: <quotedContent> <section> <heading class="smallCaps centered">“limitation on withholding of federal funds</heading> <num value="440">“<inline class="smallCaps">Sec</inline>. 440. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s12321">20 USC 12321</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 572.</p></sidenote> <content class="inline">Except as provided in section 438(b)(1)(D) of this Act, the refusal of a State or local educational agency or institution of higher education, community college, school, agency offering a preschool program, or other educational institution to provide personally identifiable data on students or their families, as a part of any applicable program, to any Federal office, agency, department, or other third party, on the grounds that it constitutes a violation of the right to privacy and confidentiality of students or their parents, shall not constitute sufficient grounds for the suspension or termination of Federal assistance. Such a refusal shall also not constitute sufficient grounds for a denial of, a refusal to consider, or a delay in the consideration of, funding for such a recipient in succeeding fiscal years. In the case of any dispute arising under this section, reasonable notice and opportunity for a hearing shall be afforded the applicant.”.</content> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s12321">20 USC 12321 note</ref>.</p></sidenote>(b) </num> <content class="inline">The amendment made by subsection (a) shall be effective upon enactment of this Act.</content> </subsection> </section> <page identifier="/us/stat/88/575">88 <inline class="smallCaps">Stat</inline>. 575</page> <section> <heading class="smallCaps centered">appointment of members of and functioning of advisory councils</heading> <num value="516"><inline class="smallCaps">Sec</inline>. 516. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 443 of the General Education Provisions Act<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1233b">20 USC 1233b</ref>.</p></sidenote> is amended by inserting “<quotedText>(a)</quotedText>” after “<quotedText>Sec. 433.</quotedText>” and by adding at the end thereof the following: <quotedContent> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Where the President fails to appoint a member to fill a vacancy in the membership of a Presidential advisory council within sixty days after it occurs (or after the effective date of the statute creating such council), then the Secretary shall immediately appoint a member to fill such vacancy.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The amendment made by subsection (a) shall be effective upon<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1233b">20 USC 1233b note</ref>.</p></sidenote> enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">other amendments relating to advisory councils</heading> <num value="517"><inline class="smallCaps">Sec</inline>. 517. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 445 of the General Education Provisions Act is amended by adding at the end thereof the following new<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1233d">20 USC 1233d</ref>.</p></sidenote> subsection: <quotedContent> <subsection class="firstIndent1"> <num value="d">“(d) </num> <chapeau class="inline">No employee of an advisory council, appointed and compensated pursuant to this section, shall be compensated at a rate in excess of that which such employee would receive if such employee were appointed subject to the appropriate provisions of title 5, United States Code, regarding appointments to, and compensation with<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s101">5 USC 101 <i>et seq</i></ref>.</p></sidenote> respect to, the competitive service, except that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">executive directors of Presidential advisory councils shall be compensated at the rate specified for employees placed in grade 18 of the General Schedule set forth in section 5332 of such title 5;<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">executive directors of all other statutory advisory councils shall be compensated at the rate provided for employees in grade 15 of such General Schedule; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">in accordance with regulations promulgated by the Assistant Secretary, other employees of advisory councils shall be compensated at such rates as may be necessary to enable such advisory councils to accomplish their purposes.”.</content> </paragraph> </subsection> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Such section 445 is amended by striking out “<quotedText>Commissioner</quotedText>” where it appears and inserting in lieu thereof “<quotedText>Assistant Secretary.</quotedText>”</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 447(b) of the General Education Provisions Act is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1233f">20 USC 1233f</ref>.</p></sidenote> amended by striking out “<quotedText>each statutory advisory council</quotedText>” and inserting in lieu thereof “<quotedText>each advisory council which is subject to the operation of this part</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">relation to other laws</heading> <num value="518"><inline class="smallCaps">Sec</inline>. 518. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Part D of the General Education Provisions Act is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1233">20 USC 1233</ref>.</p></sidenote> amended by adding at the end thereof the following new section: <quotedContent> <section> <heading class="smallCaps centered">“relation to other laws</heading> <num value="449">“<inline class="smallCaps">Sec</inline>. 449. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">No provision of any law establishing, authorizing the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1233h">20 USC 1233h</ref>.</p></sidenote> establishment of, or controlling the operation of, an advisory council which is not consistent with the provisions of this part shall apply to any advisory council to which this part applies.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The provisions of subsections (e) and (f) of section 10 of the Federal Advisory Committee Act shall not apply to Presidential advisory councils (as defined in section 441).”</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The amendment made by subsection (a) shall be effective upon<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1233h">20 USC 1233h note</ref>.</p></sidenote> enactment of this Act.</content> </subsection> </section> <page identifier="/us/stat/88/576">88 <inline class="smallCaps">Stat</inline>. 576</page> <section> <heading class="smallCaps centered">office of libraries and learning resources</heading> <num value="519"><inline class="smallCaps">Sec</inline>. 519. </num><sidenote><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221i">20 USC 1221i</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There is established, in the Office of Education, an Office of Libraries and Learning Resources (hereafter in this section referred to as the “Office”), through which the Commissioner shall administer all programs in the Office of Education related to assistance for, and encouragement of, libraries and information centers and education technology.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The Office shall be headed by a Director, to whom the Commissioner shall delegate his delegable functions with respect to the programs administered through the Office.</content> </subsection> </section> <num value="VI">TITLE VI—</num> <heading class="inline">EXTENSION AND REVISION OF RELATED ELEMENTARY AND SECONDARY EDUCATION PROGRAMS</heading> <part> <num value="A"><inline class="smallCaps">Part A</inline>—</num> <heading class="inline"><inline class="smallCaps">Adult Education</inline></heading> <section> <heading class="smallCaps centered">definition of “community school program”</heading> <num value="601"><inline class="smallCaps">Sec</inline>. 601. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1202">20 USC 1202</ref>.</p></sidenote> <content class="inline">Section 303 of the Adult Education Act is amended by (1) redesignating subsections (e), (f), (g), (h),and (i), and all references thereto, as subsections (f), (g), (h), (i), and (j), respectively, and (2) inserting after subsection (d) the following new subsection: <quotedContent> <subsection class="firstIndent1"> <num value="e">“(e) </num> <content class="inline">The term ‘community school program’ is a program in which a public building, including but not limited to a public elementary or secondary school or a community or junior college, is used as a community center operated in conjunction with other groups in the community, community organizations, and local governmental agencies, to provide educational, recreational, cultural, and other related community services for the community that center serves in accordance with the needs, interests, and concerns of that community.”.</content> </subsection> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">special projects reservation eliminated</heading> <num value="602"><inline class="smallCaps">Sec</inline>. 602. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1203">20 USC 1203</ref>.</p></sidenote> <content class="inline">Section 304 of the Adult Education Act is amended (1) by striking out subsection (a), and (2) by striking out in subsection (b) the following: “<quotedText>(b) From the remainder of such sums, the</quotedText>” and inserting in lieu thereof “<quotedText>The</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">new state plan requirements</heading> <num value="603"><inline class="smallCaps">Sec</inline>. 603. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1205">20 USC 1205</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 306 of the Adult Education Act is amended by redesignating clauses (6), (7), (8), and (9), and all references thereto, as clauses (8), (9), (10), and (11), respectively, and by inserting after clause (5) of such section the following new clauses: <quotedContent> <clause class="indent3 fontsize10"> <num value="6">“(6) </num> <content class="inline">provide for cooperation with manpower development and training programs and occupational education programs, and for coordination of programs carried on under this title with other programs, including reading improvement programs, designed to provide reading instruction for adults carried on by State and local agencies;</content> </clause> <clause class="indent3 fontsize10"> <num value="7">“(7) </num> <content class="inline">provide that such agency will make available not to exceed 20 per centum of the State’s allotment for programs of equivalency for a certificate of graduation from a secondary school;”.</content> </clause> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 306(a)(1) of such Act is amended by inserting after “<quotedText>adult population</quotedText>” the following: “<quotedText>, including institutionalized persons,</quotedText>” and by inserting before the semicolon at the end thereof a <page identifier="/us/stat/88/577">88 <inline class="smallCaps">Stat</inline>. 577</page>comma and the following: “<quotedText>That not to exceed 20 per centum of the funds used to carry out this Act for any fiscal year may be used for the education of institutionalized persons</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">use of funds for special projects</heading> <num value="604"><inline class="smallCaps">Sec</inline>. 604. </num> <content class="inline">Section 309 of the Adult Education Act is amended to read<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1208">20 USC 1208</ref>.</p></sidenote> as follows: <quotedContent> <section> <heading class="smallCaps centered">“use of funds for special experimental demonstration projects and teacher training</heading> <num value="309">“<inline class="smallCaps">Sec</inline>. 309. </num> <chapeau class="inline">Of the funds allotted to a State under section 305 for a fiscal year, not less than 15 per centum shall be used for—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">special projects which will be carried out in furtherance of the purposes of this title, and which—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">involve the use of innovative methods, systems, materials, or programs which may have national significance or be of special value in promoting effective programs under this title, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">involve programs of adult education which are part of community school programs, carried out in cooperation with other Federal, federally assisted, State, or local programs which have unusual promise in promoting a comprehensive or coordinated approach to the problems of persons with educational deficiences; and</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">training persons engaged, or preparing to engage, as personnel in programs designed to carry out the purposes of this title.”.</content> </paragraph> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">clearinghouse on adult education</heading> <num value="605"><inline class="smallCaps">Sec</inline>. 605. </num> <content class="inline">The Adult Education Act is amended by inserting immediately after section 309 thereof the following new section:<sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote> <quotedContent> <section> <heading class="smallCaps centered">“clearinghouse on adult education</heading> <num value="309A">“<inline class="smallCaps">Sec</inline>. 309A. </num> <content class="inline">The Commissioner shall establish and operate a clearinghouse<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1208–1">20 USC 1208–1</ref>.</p></sidenote> on adult education, which shall collect and disseminate to the public information pertaining to the education of adults and adult education programs, together with ways of coordinating adult education programs with manpower and other education programs. The<sidenote><p class="firstIndent1 fontsize8">Contract authority.</p></sidenote> Commissioner is authorized to enter into contracts with public agencies or private organizations to operate the clearinghouse established or designated under this section.”.</content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">state advisory councils</heading> <num value="606"><inline class="smallCaps">Sec</inline>. 606. </num> <content class="inline">The Adult Education Act is amended by inserting immediately after section 310 thereof the following new section: <quotedContent> <section> <heading class="smallCaps centered">“state advisory councils</heading> <num value="310A">“<inline class="smallCaps">Sec</inline>. 310A. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Any State which receives assistance under this title<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1208b">20 USC 1208b</ref>.</p></sidenote> may establish and maintain a State advisory council, or may designate and maintain an existing State advisory council, which shall be, or has been, appointed by the Governor or, in the case of a State in which members of the State board which governs the State education agency are elected (including election by the State legislature), by such board.</content> </subsection> <page identifier="/us/stat/88/578">88 <inline class="smallCaps">Stat</inline>. 578</page> <subsection class="firstIndent1"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Such a State advisory council shall include as members persons who, by reason of experience or training, are knowledgeable in the field of adult education or who are officials of the State educational agency or of local educational agencies of that State, persons who are or have received adult educational services, and persons who are representative of the general public.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">Such a State advisory council, in accordance with regulations prescribed by the Commissioner, shall—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">Advise the State educational agency on the development of, and policy matters arising in, the administration of the State <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 576; <i>Infra</i>.</p></sidenote>plan approval pursuant to section 306;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">advise with respect to long-range planning and studies to evaluate adult education programs, services, and activities assisted under this Act; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C"><sidenote><p class="firstIndent1 fontsize8">Annual Report.</p></sidenote>“(C) </num> <content class="inline">prepare and submit to the State educational agency, and to the National Advisory Council for Adult Education established <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1208a">20 USC 1208a</ref>.</p></sidenote>pursuant to section 310, an annual report of its recommendations, accompanied by such additional comments of the State educational agency as that agency deems appropriate.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">Upon the appointment of any such advisory council, the appointing authority under subsection (a) of this section shall inform the Commissioner of the establishment of, and membership of, its State advisory council. The Commissioner shall, upon receiving such information, certify that each such council is in compliance with the membership requirements set forth in subsection (b)(1) of this section.</content> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">Each such State advisory council shall meet within thirty days after certification has been accepted by the Commissioner under subsection (c) of this section and select from among its membership a chairman. The time, place, and manner of subsequent meetings shall be provided by the rules of the State advisory council, except that such rules shall provide that each such council meet at least four times each year, including at least one public meeting at which the public is given the opportunity to express views concerning adult education.</content> </subsection> <subsection class="firstIndent1"> <num value="e">“(e) </num> <content class="inline">Each such State advisory council is authorized to obtain the services of such professional, technical, and clerical personnel as may be necessary to enable them to carry out their functions under this section.”.</content> </subsection> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">amendments relating to bilingual education</heading> <num value="607"><inline class="smallCaps">Sec</inline>. 607. </num><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 576.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 306(a) of the Adult Education Act is amended by striking out “<quotedText>and</quotedText>” at the end of clause (10) of such section, by redesignating clause (11), and all references thereto, as clause (12), and by adding after clause (10) the following new clause: <quotedContent> <clause class="indent3 fontsize10"> <num value="11">“(11) </num> <content class="inline">provide that special assistance be given to the needs of persons of limited English-speaking ability (as defined in section 703(a) of title VII of the Elementary and Secondary Education <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p, 504.</p></sidenote>Act of 1965), by providing bilingual adult education programs in which instruction is given in English and, to the extent necessary to allow such persons to progress effectively through the adult education program, in the native language of such persons, carried out in coordination with programs of bilingual education <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 503.</p></sidenote>assisted under such title VII and bilingual vocational education <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1241">20 USC 1241 note</ref>.</p></sidenote>programs under the Vocational Education Act of 1963; and”</content> </clause> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1208">20 USC 1208</ref>.</p></sidenote>(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 309(b)(1) of such Act is amended by inserting a comma and “<quotedText>including methods for educating persons of limited English-speaking ability</quotedText>” immediately after “<quotedText>methods</quotedText>”.</content> </paragraph> <page identifier="/us/stat/88/579">88 <inline class="smallCaps">Stat</inline>. 579</page> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 309(b)(2) of such Act is amended by inserting a comma<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1208">20 USC 1208</ref>.</p></sidenote> and “<quotedText>including education for persons of limited English-speaking ability</quotedText>” immediately after “<quotedText>education</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Section 311(d) of such Act is amended by inserting a comma<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1209">20 USC 1209</ref>.</p></sidenote> and “<quotedText>including education for persons of limited English-speaking ability in which instruction is given in English and, to the extent necessary to allow such persons to progress effectively through the adult education program, in the native language of such persons</quotedText>” immediately after “<quotedText>adult education</quotedText>”.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">extension of authorizations of appropriations; technical amendments</heading> <num value="608"><inline class="smallCaps">Sec</inline>. 608. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Section 313(a) of the Adult Education Act is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1211">20 USC 1211</ref>.</p></sidenote> amended—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by striking out “<quotedText>section 310</quotedText>” and inserting in lieu thereof “<quotedText>sections 310 and 314</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out the word “<quotedText>and</quotedText>” after “<quotedText>June, 30, 1971,</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">by inserting after “<quotedText>June 30, 1973,</quotedText>” the following: “<quotedText>$150,000,000 for each of the fiscal years ending June 30, 1974, and June 30, 1975, $175,000,000 for the fiscal year ending June 30, 1976, and $200,000,000 for each of the fiscal years ending June 30, 1977, and June 30, 1978: <proviso><i>Provided</i>, That, effective with respect to fiscal years after June 30, 1974, grants to each State under section 305 shall not be less than 90 per centum of the grants made to such State agencies in fiscal year 1973.</proviso></quotedText>”</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 314(d) of such Act, is amended by striking out “<quotedText>two</quotedText>”<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1211a">20 USC 1211a</ref>.</p></sidenote> and inserting after “<quotedText>years</quotedText>” the following: “<quotedText>ending prior to July 1, 1978</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">effective dates</heading> <num value="609"><inline class="smallCaps">Sec</inline>. 609. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The amendments made by this part shall be effective<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1202">20 USC 1202 note</ref>.</p></sidenote> on the date of enactment of this Act, except that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the amendments made by section 608 shall be effective on and after July 1, 1973; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the amendments made by sections 603 and 607 shall be effective on, and with respect to appropriations for fiscal years beginning after June 30, 1973.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The amendments made by sections 603 and 604 shall not take effect with respect to any multi-year program or project approved prior to the date of enactment of this Act.</content> </subsection> </section> </part> <part> <num value="B"><inline class="smallCaps">Part B</inline>—</num> <heading class="inline"><inline class="smallCaps">Education of the Handicapped</inline></heading> <section> <heading class="smallCaps centered">short title</heading> <num value="611"><inline class="smallCaps">Sec</inline>. 611. </num> <content class="inline">This title may be cited as the “<shortTitle role="title">Education of the Handicapped<sidenote><p class="firstIndent1 fontsize8">Education of the Handicapped Amendments of 1974.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1402">20 USC 1402 note</ref>.</p></sidenote> Amendments of 1974</shortTitle>”,</content> </section> <section> <heading class="smallCaps centered">bureau for the education and training of the handicapped</heading> <num value="612"><inline class="smallCaps">Sec</inline>. 612. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 603 of the. Education of the Handicapped Act<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1402">20 USC 1402</ref>.</p></sidenote> is amended by inserting “<quotedText>(a)</quotedText>” after “<quotedText>Sec. 603.</quotedText>” and by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Bureau established under subsection (a) shall be headed by a Deputy Commissioner of Education who shall be appointed by the Commissioner, who shall report directly to the Commissioner, be compensated at the rate specified for, and placed in, grade 18 of the General Schedule set forth in section 5332 of title 5, United States Code.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote></content> </paragraph> <page identifier="/us/stat/88/580">88 <inline class="smallCaps">Stat</inline>. 580</page> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">In addition to such Deputy Commissioner, there shall be placed in such Bureau five positions for persons to assist the Deputy Commissioner in carrying out his duties, including the position of Associate Deputy Commissioner, and such positions shall be placed in grade 16 of the General Schedule set forth in section 5332 of title 5, United <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote>States Code.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1402">20 USC 1402 note</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p, 579.</p></sidenote>(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The positions created by subsection (b) of section 603 of the Education of the Handicapped Act shall be in addition to the number of positions placed in the appropriate grades under section 5108 of title 5, United States Code, and such positions shall be in addition to, and without prejudice against, the number of positions otherwise placed in the Office of Education under such section 5108 or under other law. Nothing in this section shall be deemed as limiting the Commissioner from assigning additional General Schedule positions in grades 16, 17, and 18 to the Office should he determine such additions to be necessary to operate programs for educating handicapped children authorized by this Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1402">20 USC 1402 note</ref>.</p></sidenote>(2) </num> <content class="inline">The amendments made by subsection (a) shall become effective upon the enactment of this Act.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">advisory committee</heading> <num value="613"><inline class="smallCaps">Sec</inline>. 613. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 604(b) of the Education of the Handicapped <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1403">20 USC 1403</ref>.</p></sidenote>Act is amended by adding at the end thereof the following new sentence; “<quotedText>The Advisory Committee shall continue to exist until July 1, 1977.</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 604 of such Act is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">There are authorized to be appropriated for the purposes of this section $100,000 for the fiscal year ending June 30, 1974, and for each of the three succeeding fiscal years.”.</content> </subsection> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">state entitlements</heading> <num value="614"><inline class="smallCaps">Sec</inline>. 614. </num><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1411 and">20 USC 1411 and note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Effective for fiscal year 1975 only, section 611 of the Education of the Handicapped Act is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“grants to states for education of handicapped children</heading> <num value="611">“<inline class="smallCaps">Sec</inline>. 611. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Commissioner shall, in accordance with the provisions of this part, make payments to States for the purpose of assisting the States in the initiation, expansion, and improvement of programs and projects for the education of handicapped children at the preschool, elementary school, and secondary school levels in order to provide full educational opportunities to all handicapped children. Such payments may be used for the early identification and assessment of handicapping conditions in children under three years of age.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1412">20 USC 1412</ref>.</p></sidenote>“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Subject to the provisions of section 612, the maximum amount of the grant to which a State shall be entitled under this part, shall be equal to—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">the number of children aged three to twenty-one inclusive, in that State in the most recent fiscal year for which satisfactory data are available;</content> </subparagraph> <continuation class="fontsize10">multiplied by—</continuation> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">$8.75.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">“State.“</p></sidenote>“(2) </num> <content class="inline">For the purpose of this subsection, the term ‘State’ does not include the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.</content> </paragraph> </subsection> <page identifier="/us/stat/88/581">88 <inline class="smallCaps">Stat</inline>. 581</page> <subsection class="firstIndent1"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The jurisdictions to which this subsection applies are the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Each jurisdiction to which this subsection applies shall, for the fiscal year ending June 30, 1975, be entitled to a grant in an amount equal to an amount determined by the Commissioner, in accordance with criteria established by regulations, needed to initiate, expand, or improve programs and projects for the education of handicapped children at the preschool, elementary school, and secondary school levels, in that jurisdiction, except that the aggregate of the amount to which such jurisdictions are so entitled for any fiscal year shall not exceed an amount equal to 2 per centum of the aggregate of the amounts to which all States are entitled under subsection (b) of tins section for that fiscal year. If the aggregate of the amounts, determined by the Commissioner pursuant to the preceding sentence, to be so needed for any fiscal year exceeds an amount equal to such 2 per centum limitation, the entitlement of each such jurisdiction shall be reduced proportionately until such aggregate docs not exceed such 2 per centum limitation.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">The Commissioner is authorized for the fiscal year ending<sidenote><p class="firstIndent1 fontsize8">Indian reservation schools, assistance.</p></sidenote> June 30, 1975, to make payments to the Secretary of the Interior according to the need for such assistance, for the education of handicapped children on reservations serviced by elementary and secondary schools operated for Indian children by the Department of the Interior, and the terms upon which payments for such purposes shall be made to t he Secretary of the Interior shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this part. The amount of such payment for any fiscal year shall not exceed 1 per centum of the aggregate amounts to which States are entitled under subsection (b) of this section for that fiscal year.”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Effective for fiscal year 1975 only, section 612 of such Act is<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1412">20 USC 1412 and note</ref>.</p></sidenote> amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“allocations of appropriations</heading> <num value="612">“<inline class="smallCaps">Sec</inline>. 612. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Sums appropriated for the fiscal year ending June 30, 1975, shall be made available to States and allocated to each State, on the basis of unsatisfied entitlements under section 611, in an amount<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 580.</p></sidenote> equal to the amount it received from the appropriation for this part for the fiscal year 1971.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Any sums appropriated to carry out this part for any fiscal year which remain after allocations under subsection (a) of this section shall be made to States in accordance with entitlements created under section 611 (to the extent that such entitlements are unsatisfied) ratably reduced.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">In the event that funds become available for making payments under this part for any fiscal year after allocations have been made under subsections (a) and (b) for that year, the amounts reduced under subsection (b) shall be increased on the same basis as they were reduced.”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Effective for fiscal year 1975 only, section 613(a) of such Act<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1413">20 USC 1413 and note</ref>.</p></sidenote> is amended by striking out “<quotedText>desires to receive grants</quotedText>” in the first sentence of such subsection and inserting in lieu thereof “<quotedText>is entitled to receive payments</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">Section 613(a) of such Act is further amended by (1) striking out the word “<quotedText>and</quotedText>” at the end of paragraph (10), (2) by striking out the period at the end of paragraph (11) and inserting in lieu thereof a semicolon, and (3) by adding at the end thereof the following two paragraphs: <quotedContent> <page identifier="/us/stat/88/582">88 <inline class="smallCaps">Stat</inline>. 582</page> <paragraph class="indent1 fontsize10"> <num value="12">“(12)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">establish a goal of providing full educational opportunities to all handicapped children, and (B) provide for a procedure to assure that funds expended under this part are used to accomplish the goal set forth in (A) of this paragraph and priority in the utilization of funds under this part will be given to handicapped children who are not receiving an education; and</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="13">“(13) </num> <content class="inline">provide procedures for insuring that handicapped children and their parents or guardians are guaranteed procedural safeguards in decisions regarding identification, evaluation and educational placement of handicapped children including, but not limited to (A)(i) prior notice to parents or guardians of the child when the local or State educational agency proposes to change the educational placement of the child, (ii) an opportunity for the parents or guardians to obtain an impartial due process hearing, examine all relevant records with respect to the classification or educational placement of the child, and obtain an independent educational evaluation of the child, (iii) procedures to protect the rights of the child when the parents or guardians are not known, unavailable, or the child is a ward of the State including the assignment of an individual (not to be an employee of the State or local educational agency involved in the education or care of children) to act as a surrogate for the parents or guardians, and (iv) provision to insure that the decisions rendered in the impartial due process hearing required by this paragraph shall be binding on all parties subject only to appropriate administrative or judicial appeal; and (B) procedures to insure that, to the maximum extent appropriate, handicapped children, including children in public or private institutions or other care facilities, are educated with children who are not handicapped, and that special classes, separate schooling, or other removal of handicapped children from the regular education environment occurs only when the nature or severity of the handicap is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily; and (C) procedures to insure the testing and evaluation materials and procedures utilized for the purposes of classification and placement of handicapped children will be selected and administered so as not to be racially or culturally discriminatory.”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="e">(e)</num><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 580.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 611(a) of the Education of the Handicapped Act is amended by inserting before the period the following: “<quotedText>in order to provide full educational opportunity to all handicapped children</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Subsection (b) of section 61 i of the Education of the Handicapped Act is amended to read as follows: <quotedContent> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">For the purpose of making grants under this part, there are authorized to be appropriated $100,000,000 for the fiscal year ending June 30, 1976, and $110,000,000 for the fiscal year ending June 30, 1977.”.</content> </subsection> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1411">20 USC 1411 note</ref>.</p></sidenote>(3) </num> <content class="inline">The amendment made by subsection (e) shall become effective and shall be deemed to have been enacted on July 1, 1975.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="f">(f)</num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1412">20 USC 1412</ref>.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 612(a)(1)(B) of such Act is amended by striking out “<quotedText>1973</quotedText>” and inserting in lieu thereof “<quotedText>1977</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1412">20 USC 1412 note</ref>.</p></sidenote>(2) </num> <content class="inline">The amendment made by this subsection shall be effective on and after July 1, 1973.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">additional state plan requirement</heading> <num value="615"><inline class="smallCaps">Sec</inline>. 615. </num><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1412">20 USC 1412 and note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Effective on and after July 1, 1975, section 612(a)(2) of the Education of the Handicapped Act is amended by striking out “<quotedText>$200,000</quotedText>” and inserting in lieu thereof “<quotedText>$300,000</quotedText>”.</content> </paragraph> <page identifier="/us/stat/88/583">88 <inline class="smallCaps">Stat</inline>. 583</page> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Effective on and after July 1, 1975, section 612(a) of such Act<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1412 and">20 USC 1412 and note</ref>.</p></sidenote> is amended by inserting at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">No State shall, in any fiscal year, be required to expend amounts allotted pursuant to this section to carry out the provisions of paragraph (1) of section 613(b) unless that State receives an amount<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1413">20 USC 1413</ref>.</p></sidenote> greater than the amount allotted to that State for the fiscal year ending June 30, 1973.”.</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 613(a)(1) of such Act is amended by striking out “<quotedText>$100,000</quotedText>” and inserting in lieu thereof “<quotedText>$200,000</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 613 of such Act is amended by redesignating subsections (b), (c), and (d) of such section, and all references thereto, as subsections (c), (d), and (e), respectively, and by inserting after subsection (a) the following: <quotedContent> <subsection class="firstIndent1"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Any State which desires to receive a grant under this part for any fiscal year beginning after June 30, 1975, shall submit to the Commissioner for approval not later than one year after the enactment of the Education of the Handicapped Amendments of 1974, through<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. S79.</p></sidenote> its State educational agency an amendment to the State plan required under subsection (a), setting forth in detail the policies and procedures which the State will undertake in order to assure that—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">all children residing in the State who are handicapped regardless of the severity of their handicap and who are in need of special education and related services are identified, located, and evaluated, including a practical method of determining which children are currently receiving needed special education and related services and which children are not currently receiving needed special education and related services;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">policies and procedures will be established in accordance with detailed criteria prescribed by the Commissioner to protect the confidentiality of such data and information by the State;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">there is established (i) a goal of providing full educational opportunities to all handicapped children, (ii) a detailed timetable for accomplishing such a goal, and (iii) a description of the kind and number of facilities, personnel, and services necessary throughout the State to meet such a goal; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">the amendment submitted by the State pursuant to this subsection shall be available to parents and other members of the general public at least thirty days prior to the date of submission of the amendment to the Commissioner.</content> </subparagraph> <continuation class="fontsize10">For the purpose of this part, any amendment to the State plan required by this subsection and approved by the Commissioner shall be considered, after June 30, 1975, as a required portion of the State plan.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The requirement of paragraph (1) of this subsection shall not be effective with respect to any fiscal year in which the aggregate of the amounts allotted to the States for this part for that fiscal year is less than $45,000,000.”.</content> </paragraph> </subsection> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 613(e)(1) of such Act (as redesignated by this section) is amended by striking out “<quotedText>subsection (c)</quotedText>” and inserting in lieu thereof “<quotedText>subsection (d)</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The amendment made by subsections (a)(1) and (b) of this<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1412">20 USC 1412 note</ref>.</p></sidenote> section shall be effective in any fiscal year for which the aggregate of the amounts allotted to the States for that fiscal year for carrying out part B of the Education of the Handicapped Act is $45,000,000 or<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1411">20 USC 1411</ref>.</p></sidenote> more.</content> </subsection> </section> <page identifier="/us/stat/88/584">88 <inline class="smallCaps">Stat</inline>. 584</page> <section> <heading class="smallCaps centered">regional education programs for deaf and other handicapped persons</heading> <num value="616"><inline class="smallCaps">Sec</inline>. 616. </num> <content class="inline">Part C of the Education of the Handicapped Act is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1425/s1426">20 USC 1425, 1426</ref>.</p></sidenote>amended by redesignating sections 625 and 626 thereof as sections 626 and 627, respectively, and by inserting a new section as follows: <quotedContent> <section> <heading class="smallCaps centered">“regional education programs</heading> <num value="625">“<inline class="smallCaps">Sec</inline>. 625. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1424a">20 USC 1424a</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Commissioner is authorized to make grants to or contracts with institutions of higher education, including junior and community colleges, vocational and technical institutions, and other appropriate nonprofit educational agencies for the development and operation of specially designed or modified programs of vocational, technical, postsecondary, or adult education for deaf or other handicapped persons.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <chapeau class="inline">In making grants or contracts authorized by this section the Commissioner shall give priority consideration to—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">programs serving multistate regions or large population centers;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">programs adapting existing programs of vocational, technical, postsecondary, or adult education to the special needs of handicapped persons: and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">programs designed to serve areas where a need for such services is clearly demonstrated.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">“Handicapped person.”</p></sidenote>“(c) </num> <content class="inline">For purposes of this section, the term ‘handicapped persons’ means persons who are mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, emotionally disturbed, crippled, or in other ways health impaired and by reason thereof require special education programming and related services.”.</content> </subsection> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">centers and services</heading> <num value="617"><inline class="smallCaps">Sec</inline>. 617. </num> <content class="inline">Section 627 of the Education of the Handicapped Act (as redesignated by section 616) is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <num value="627">“<inline class="smallCaps">Sec</inline>. 627. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1426">20 USC 1426</ref>.</p></sidenote> <content class="inline">There are authorized to be appropriated to carry out the provisions of section 621, $12,500,000 for the fiscal year ending June 30, 1975, $18,000,000 for the fiscal year ending June 30, 1976, and $19,000,000 for the fiscal year ending June 30, 1977. There are authorized to be appropriated to carry out the provisions of section 622, $15,000,000 for the fiscal year ending June 30, 1975, $20,000,000 for the fiscal year ending June 30, 1976, and for the succeeding fiscal year. There are authorized to be appropriated to carry out the provisions of section 623. $25,500,000 for the fiscal year ending June 30, 1975, $36,000,000 for the fiscal year ending June 30, 1976, and $38,000,000 for the fiscal year ending June 30, 1977. There are authorized to be appropriated to carry out the provisions of section 625, $1,000,000 for the fiscal year ending June 30, 1975, and such sums as may be necessary for each of the two succeeding fiscal years.”.</content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">personnel training</heading> <num value="618"><inline class="smallCaps">Sec</inline>. 618. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1436">20 USC 1436</ref>.</p></sidenote> <content class="inline">Section 636 of the Education of the Handicapped Act is amended to read as follows: <quotedContent> <page identifier="/us/stat/88/585">88 <inline class="smallCaps">Stat</inline>. 585</page> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <num value="636">“<inline class="smallCaps">Sec</inline>. 636. </num> <content class="inline">There are authorized to be appropriated for carrying out the provisions of this part (other than section 633) $45,000,000 for the fiscal year ending June 30, 1975, $52,000,000 for the fiscal year ending June 30, 1976, and $54,000,000 for the fiscal year ending June 30, 1977. There are authorized to be appropriated to carry out the provisions of section 633, $500,000 for each of the fiscal years ending June 30, 1975, and June 30, 1976, and $1,000,000 for the fiscal year ending June 30, 1977.”.</content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">research</heading> <num value="619"><inline class="smallCaps">Sec</inline>. 619. </num> <content class="inline">Section 644 of the Education of the Handicapped Act is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1444">20 USC 1444</ref>.</p></sidenote> amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <num value="644">“<inline class="smallCaps">Sec</inline>. 644. </num> <content class="inline">For the purpose of carrying out this part, there are authorized to be appropriated $15,000,000 for the fiscal year ending June 30, 1975, $20,000,000 for each of the fiscal years ending June 30, 1976, and June 30, 1977.”</content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">instructional media</heading> <num value="620"><inline class="smallCaps">Sec</inline>. 620. </num> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Sections 652(b)(3), 652(b)(4), and 652(b)(5) of the Education of the Handicapped Act are each amended by inserting “<quotedText>,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1452">20 USC 1452</ref>.</p></sidenote> by grant and contract,</quotedText>” after “<quotedText>provide</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 654 of such Act is amended to read as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1454">20 USC 1454</ref>.</p></sidenote> <quotedContent> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <num value="654">“<inline class="smallCaps">Sec</inline>. 654. </num> <content class="inline">For the purposes of carrying out this part there are hereby authorized to be appropriated not to exceed $18,000,000 for the fiscal year ending June 30, 1975, and $22,000,000 for the fiscal year ending June 30, 1976, and for each succeeding fiscal year thereafter.”</content> </section> </quotedContent> </content> </paragraph> </section> <section> <heading class="smallCaps centered">specific learning disabilities</heading> <num value="621"><inline class="smallCaps">Sec</inline>. 621. </num> <content class="inline">Section 661(c) of the Education of the Handicapped Act is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1461">20 USC 1461</ref>.</p></sidenote> amended to read as follows: <quotedContent> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">For the purpose of making grants and contracts under this section there are authorized to be appropriated $10,000,000 for the fiscal year ending June 30, 1975, $20,000,000 for each of the fiscal years ending June 30, 1976, and June 30, 1977.”</content> </subsection> </quotedContent> </content> </section> </part> <part> <num value="C"><inline class="smallCaps">Part C</inline>—</num> <heading class="inline"><inline class="smallCaps">Indian Education</inline></heading> <section> <heading class="smallCaps centered">extension of programs for the education of indian children</heading> <num value="631"><inline class="smallCaps">Sec</inline>. 631. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 810(g) of the Elementary and Secondary Education Act of 1965 is amended by striking out “<quotedText>two succeeding<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s887c">20 USC 887c</ref>.</p></sidenote> fiscal years</quotedText>” and inserting in lieu thereof “<quotedText>succeeding fiscal years ending prior to July 1, 1978</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 303(a)(1) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), as added by the Indian Education<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241bb">20 USC 241bb</ref>.</p></sidenote> Act, is amended by striking out “<quotedText>July 1, 1975</quotedText>” and inserting in lieu thereof “<quotedText>July 1, 1978,</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The amendments made by this section shall be effective on and<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s887c">20 USC 887c note</ref>.</p></sidenote> after July 1, 1973.</content> </subsection> </section> <page identifier="/us/stat/88/586">88 <inline class="smallCaps">Stat</inline>. 586</page> <section> <heading class="smallCaps centered">revision of programs relating to indian education</heading> <num value="632"><inline class="smallCaps">Sec</inline>. 632. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 810(f) of the Elementary and Secondary <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s887c">20 USC 887c</ref>.</p></sidenote>Education Act of 1965 is amended by inserting after the third sentence the following new sentence: “<quotedText>The Commissioner shall not approve an application for a grant under subsection (b), (c), or (d) unless he is satisfied that such an application, to the extent consistent with the number of eligible children in the area to be served who are enrolled in private nonprofit elementary and secondary schools whose needs are of the type which the program is intended to meet, makes provision for the participation of such children on an equitable basis.</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 303(b) of the Act of September 30, 1950 (Public Law <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241bb">20 USC 241bb</ref>.</p></sidenote>874, Eighty-first Congress), is amended by striking out “<quotedText>5 per centum</quotedText>” and inserting in lieu thereof “<quotedText>10 per centum</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s821">20 USC 821 note</ref>.</p></sidenote>(c) </num> <content class="inline">Part B of the Indian Education Act is amended by adding at the end thereof the following new sections: <quotedContent> <section> <heading class="smallCaps centered">“special educational training programs for teachers of indian children</heading> <num value="422">“<inline class="smallCaps">Sec</inline>. 422. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s887c–1">20 USC 887c–1</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Commissioner is authorized to make grants to and enter into contracts with institutions of higher education, Indian organizations, and Indian tribes for the purpose of preparing individuals for teaching or administering special programs and projects designed to meet the special educational needs of Indian children and to provide in-service training for persons teaching in such programs. Priority shall be given to Indian institutions and organizations. Tn carrying out his responsibilities under this section, the Commissioner is authorized to award fellowships and traineeships to individuals and to make grants to and to enter into contracts with institutions of higher education, Indian organizations, and Indian tribes for cost of education allowances. In awarding fellowships and traineeships under this section, the Commissioner shall give preference Io Indians.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">In the case of traineeships and fellowships, the Commissioner is authorized to grant stipends to, and allowances for dependents of, persons receiving traineeships and fellowships.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">There is authorized to be appropriated $2,000,000 for the fiscal year ending June 30, 1975, and for each of the three succeeding fiscal years to carry out the provisions of this section.</content> </subsection> </section> <section> <heading class="smallCaps centered">“fellowships for indian students</heading> <num value="423">“<inline class="smallCaps">Sec</inline>. 423. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s887c–2">20 USC 887c–2</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">During the fiscal year ending June 30, 1975, and each of the three succeeding fiscal years, the Commissioner is authorized to award not to exceed two hundred fellowships to be used for study in graduate and professional programs at institutions of higher education, Such fellowships shall be awarded to Indian students in order to enable them to pursue a course of study of not less than three, nor more than four, academic years leading toward a professional or graduate degree in engineering, medicine, law, business, forestry and related fields. In addition to the fellowships authorized to be awarded in the first sentence of this subsection, the Commissioner is authorized to award a number of fellowships equal to the number previously awarded during any fiscal year under this subsection but vacated prior to the cud of the period during which they were awarded, except that each fellowship so awarded shall be only for a period of study not in excess of the remainder of the period of time for which the fellowship it replaces was awarded, as the Commissioner may determine.</content> </subsection> <page identifier="/us/stat/88/587">88 <inline class="smallCaps">Stat</inline>. 587</page> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The Commissioner shall pay to persons awarded fellowships under this subsection such stipends (including such allowances for subsistence of such persons and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported programs.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">The Commissioner shall pay to the institution of higher education at which the holder of a fellowship under this subsection is pursuing a course of study, in lieu of tuition charged such holder, such amounts as the Commissioner may determine to cover the cost of education for the holder of such a fellowship.”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The amendments made by this section shall be effective on and<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s887c">20 USC 887c note</ref>.</p></sidenote> after July 1, 1971.</content> </subsection> </section> </part> <part> <num value="D"><inline class="smallCaps">Part D</inline>—</num> <heading class="inline"><inline class="smallCaps">Emergency School Aid</inline></heading> <section> <heading class="smallCaps centered">extension of the emergency school aid act</heading> <num value="641"><inline class="smallCaps">Sec</inline>. 641. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 704(a) of the Emergency School Aid Act (title VII of Public Law 92–318) is amended by striking out “<quotedText>for the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1603">20 USC 1603</ref>.</p></sidenote> fiscal year ending June 30, 1974</quotedText>” and inserting m lieu thereof “<quotedText>for the period ending June 30, 1976</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">With respect to the fiscal year ending June 30, 1976, the authorization<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1603">20 USC 1603 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1601">20 USC 1601 note</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 563.</p></sidenote> level for the Emergency School Aid Act shall, for the purposes of section 414 of the General Education Provisions Act, be equal to the amount appropriated for the purposes of the Emergency School Aid Act for the fiscal year ending June 30, 1976.</content> </subsection> </section> <section> <heading class="smallCaps centered">repeal of reservation for certain metropolitan projects</heading> <num value="642"><inline class="smallCaps">Sec</inline>. 642. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 704(b) of the Emergency School Aid Act is amended by striking out paragraph (1) and by striking out “<quotedText>(2)</quotedText>” of such section.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The matter preceding paragraph 1 of section 709(a) of such<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1608">20 USC 1608</ref>.</p></sidenote> Act is amended to read as follows: “<quotedText>Sums available to the Secretary under section 708 for metropolitan area projects shall be available for<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1607">20 USC 1607</ref>.</p></sidenote> the following purposes:</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">amendment with respect to eligibility</heading> <num value="643"><inline class="smallCaps">Sec</inline>. 643. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 706(a) of the Emergency School Aid Act is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1605">20 USC 1605</ref>.</p></sidenote> amended (1) by striking out paragraph (3), (2) by striking out the period at the end of paragraph (1)(D) and inserting, “<quotedText>; or</quotedText>” and (3) by adding at the end of such paragraph (1) the following: <quotedContent> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <chapeau class="inline">which will establish or maintain one or more integrated schools as defined in section 720(7) and which—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1619">20 USC 1619</ref>.</p></sidenote></chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">has a sufficient number of minority group children to comprise more than 50 per centum of the number of children m attendance at the schools of such agency, and</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">has agreed to apply for an equal amount of assistance under subsection (b).”</content> </clause> </subparagraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 706(b) of such Act is amended by inserting “<quotedText>(1)</quotedText>” after “<quotedText>subsection (a)</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Section 710(c) of such Act is amended by inserting in paragraph<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1609">20 USC 1609</ref>.</p></sidenote> (2) after “<quotedText>(in)</quotedText>” the following: “<quotedText>or under section 706(a)(1)(E)</quotedText>”. In the same paragraph insert “<quotedText>or activity</quotedText>” after “<quotedText>plan</quotedText>” the second time it appears.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">Section 720(7) of inch Act is amended by striking “<quotedText>section 706(a)(3) </quotedText>” and by inserting “<quotedText>section 706(a)(1)(E)</quotedText>”.<sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote></content> </subsection> </section> <page identifier="/us/stat/88/588">88 <inline class="smallCaps">Stat</inline>. 588</page> <section> <heading class="smallCaps centered">special projects for the teaching of mathematics</heading> <num value="644"><inline class="smallCaps">Sec</inline>. 644. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1607">20 USC 1607</ref>.</p></sidenote> <content class="inline">Section 708(a) of such Act is amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The Assistant Secretary is authorized to make grants to, and contracts with, one or more private, nonprofit agencies, institutions, or organizations, for the conduct, in cooperation with one or more local educational agencies, of special programs for the teaching of standard mathematics to children eligible for services under this Act through instruction in advanced mathematics by qualified instructors with bachelor degrees in mathematics, or the mathematical sciences from colleges or other institutions of higher education, or equivalent experience.”</content> </paragraph> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">amendment relating to nonprofit groups</heading> <num value="645"><inline class="smallCaps">Sec</inline>. 645. </num> <content class="inline">Section 708(b) of the Elementary School Aid Act is amended by striking out “<quotedText>706(a)</quotedText>” both times it appears in such section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1605">20 USC 1605</ref>.</p></sidenote>and inserting in lieu thereof “<quotedText>706</quotedText>” in each instance.</content> </section> <section> <heading class="smallCaps centered">effective date</heading> <num value="646"><inline class="smallCaps">Sec</inline>. 646. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1603">20 USC 1603 note</ref>.</p></sidenote> <content class="inline">The amendments made by and the provisions of this part shall be effective on and after July 1, 1974, and with respect to appropriations for fiscal years beginning on and after such date except that the provisions of section 641 (b) shall be effective only with respect to fiscal year 1977.</content> </section> </part> <part> <num value="E"><inline class="smallCaps">Part E</inline>—</num> <heading class="inline"><inline class="smallCaps">National Defense Education Act</inline></heading> <section> <heading class="smallCaps centered">extension of title iii</heading> <num value="651"><inline class="smallCaps">Sec</inline>. 651. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s441">20 USC 441</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 301 of the National Defense Education Act of 1958 is amended by striking out “<quotedText>1975</quotedText>” both times it appears and inserting “<quotedText>1977</quotedText>” in lieu thereof, by striking out “<quotedText>for the fiscal year ending</quotedText>” after “$130,500,000” in the first sentence, and by inserting in lieu thereof “<quotedText>for each of the fiscal years ending prior to</quotedText>”, and by adding at the end thereof the following new sentence: “<quotedText>Notwithstanding the preceding two sentences, no funds are authorized to be appropriated for obligation during any year for which funds are available for obligation for carrying out part B of title IV of the Elementary and <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 542.</p></sidenote>Secondary Education Act of 1965.</quotedText>”</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s441">20 USC 441 note</ref>.</p></sidenote>(b) </num> <content class="inline">The amendment made by this section shall be effective on and after July 1, 1974.</content> </subsection> </section> </part> <num value="VII">TITLE VII—</num> <heading class="inline">NATIONAL READING IMPROVEMENT PROGRAM</heading> <section> <heading class="smallCaps centered">statement of purpose</heading> <num value="701"><inline class="smallCaps">Sec</inline>. 701. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1901">20 USC 1901</ref>.</p></sidenote> <chapeau class="inline">It is the purpose of this title—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">to provide financial assistance to encourage State and local educational agencies to undertake projects to strengthen reading instruction programs in elementary grades;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">to provide financial assistance for the development and enhancement of necessary skills of instructional and other educational staff for reading programs;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">to develop a means by which measurable objectives for reading programs can be established and progress toward such objectives assessed;</content> </paragraph> <page identifier="/us/stat/88/589">88 <inline class="smallCaps">Stat</inline>. 589</page> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">to develop the capacity of preelementary school children for reading, and to establish and improve preelementary school programs in language arts and reading; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">to provide financial assistance to promote literacy among youth and adults.</content> </paragraph> </section> <part> <num value="A"><inline class="smallCaps">Part A</inline>—</num> <heading class="inline"><inline class="smallCaps">Reading Improvement Projects</inline></heading> <section> <heading class="smallCaps centered">projects authorized</heading> <num value="705"><inline class="smallCaps">Sec</inline>. 705. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Commissioner is authorized to enter into<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1921">20 USC 1921</ref>.</p></sidenote> agreements with either State educational agencies or local educational agencies, or both, for the carrying out by such agencies, in schools having large numbers or a high percentage of children with reading deficiencies, of projects involving the use of innovative methods, systems, materials, or programs which show promise of overcoming such reading deficiencies.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Commissioner is further authorized to enter into agreements with State educational agencies, local educational agencies, or with nonprofit educational or child care institutions for the carrying out by such agencies and institutions, in areas where such schools are located, of such projects for preelementary school children. Such projects are to be instituted in kindergartens, nursery schools, or other preschool institutions.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">No agreement may be entered into under this part, unless upon<sidenote><p class="firstIndent1 fontsize8">Applications, reading program requirements.</p></sidenote> an application made to the Commissioner at such time, in such manner, and including or accompanied by such information as he may reasonably require. Each such application shall set forth a reading program which provides for—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">diagnostic testing designed to identify preelementary and elementary school children with reading deficiencies, including the identification of conditions which, without appropriate other treatment, can be expected to impede or prevent children from learning to read;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">planning for and establishing comprehensive reading programs;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">reading instruction for elementary school pupils whose reading achievement is less than that which would normally be expected for pupils of comparable ages and in comparable grades of school;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">preservice training programs for teaching personnel including teacher-aides and other ancillary educational personnel, and in-service training and development programs, where feasible, designed to enable such personnel to improve their ability to teach students to read;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">participation of the school faculty, school board members, administration, parents, and students in reading-related activities which stimulate an interest in reading and are conducive to the improvement of reading skills;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">parent participation in development and implementation of the program for which assistance is sought;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">local educational agency school board participation in the development of programs;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">(8) </num> <content class="inline">periodic testing in programs for elementary school children on a sufficiently frequent basis to measure accurately reading achievement, and for programs for preelementary school children a test of reading proficiency at the conclusion, minimally, of the first-grade program into which the nursery and kindergarten programs are integrated;</content> </paragraph> <page identifier="/us/stat/88/590">88 <inline class="smallCaps">Stat</inline>. 590</page> <paragraph class="indent1 fontsize10"> <num value="9">(9) </num> <content class="inline">publication of test results on reading achievement by grade level, and where appropriate, by school, without identification of achievement of individual children;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">(10) </num> <content class="inline">availability of test results on reading achievement on an individual basis to parents or guardians of any child being so tested;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="11">(11) </num> <content class="inline">participation on an equitable basis by children enrolled in nonprofit private elementary schools in the area to be served (after consultation with the appropriate private school officials) to an extent consistent with the number of such children whose educational needs are of the kind the program is intended to meet;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="12">(12) </num> <content class="inline">the use of bilingual education methods and techniques to the extent consistent with the number of elementary school-age children in the area served by a reading program who are of limited English-speaking ability;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="13">(13) </num> <content class="inline">appropriate involvement of leaders of the cultural and educational resources of the area to be served, including institutions of higher education, nonprofit private schools, public and private nonprofit agencies such as libraries, museums, educational radio and television, and other cultural and education resources of the community; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="14">(14) </num> <content class="inline">assessment, evaluation, and collection of information on individual children by teachers during each year of the preelementary program, to be made available for teachers in the subsequent year, in order that continuity for the individual child not be lost.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Additional requirements.</p></sidenote>(c) </num> <chapeau class="inline">Each such applicant, in addition to meeting the requirements of subsection (b), shall provide assurances that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">appropriate measures have been taken by the agency to analyze the reasons why elementary school children are not reading at the appropriate grade level;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the agency will develop a plan setting forth specific objectives which shall include the goals of having the children in project schools reading at the appropriate grade level at the end of grade three; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">whenever appropriate, sufficient measures will be taken to coordinate each preelementary reading program with the reading program of the educational agencies or institutions which such preelementary school children will be next in attendance.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <chapeau class="inline">No grant may be made under this part unless the application for such grant provides assurances that the provisions of this subsection <sidenote><p class="firstIndent1 fontsize8">State advisory councils on reading.</p></sidenote>are met. Each State educational agency shall—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">establish an advisory council on reading appointed by such agency which shall be broadly representative of the education resources of the State and of the general public, including persons representative of—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">public and private nonprofit elementary and secondary schools,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">institutions of higher education,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">parents of elementary and secondary school children, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">areas of professional competence relating to instruction in reading, and</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">authorize the advisory council established under clause (1) to receive and designate priorities among applications for grants under this section in that State,</chapeau> <continuation class="fontsize10">if—</continuation> <page identifier="/us/stat/88/591">88 <inline class="smallCaps">Stat</inline>. 591</page> <clause class="indent3 fontsize10"> <num value="i">(i) </num> <content class="inline">that State educational agency desires to receive a grant under this part, or</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">(ii) </num> <content class="inline">any local educational agency of that State desires to receive a grant under this part, and notifies the State educational agency concerned, or</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">(iii) </num> <content class="inline">in the case of a preelementary school program any non-profit educational agency or child care institution in that State desires to receive a grant under this part, and notifies the State educational agency concerned.</content> </clause> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <chapeau class="inline">No agreement may be entered into under this part unless the<sidenote><p class="firstIndent1 fontsize8">Application approval.</p></sidenote> application submitted to the Commissioner—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">has first been approved by the State educational agency, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">is accompanied by assurances that such agency will supervise compliance by the local educational agency in that State with the requirements set forth in subsection (b) of this section.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="f">(f) </num> <content class="inline">The Commissioner may approve any application submitted under this part which meets the requirements of subsections (b), (c), (d), and (e). In approving such applications, the Commissioner may not use any panel (other than employees of the Office of Education) for the purpose of such approval.</content> </subsection> <subsection class="firstIndent1"> <num value="g">(g) </num> <content class="inline">In approving applications under this part the Commissioner<sidenote><p class="firstIndent1 fontsize8">Equitable distribution of funds.</p></sidenote> shall, to the maximum extent feasible, assure an equitable distribution of funds throughout the United States and among urban and rural areas. Not more than 12% percent of the funds expended under this part in any fiscal year may be expended in any State in that year.</content> </subsection> </section> </part> <part> <num value="B"><inline class="smallCaps">Part B</inline>—</num> <heading class="inline"><inline class="smallCaps">State Reading Improvement Programs</inline></heading> <section> <heading class="smallCaps centered">statement of purpose</heading> <num value="711"><inline class="smallCaps">Sec</inline>. 711. </num> <chapeau class="inline">It is the purpose of this part to provide financial assistance<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1941">20 USC 1941</ref>.</p></sidenote> to the States to enable them—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">to provide financial assistance for projects designed to facilitate reaching the objectives of this title;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">to develop comprehensive programs to improve reading proficiency and instruction in reading in the elementary schools of the State;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">to provide State leadership in the planning, improving, execution, and evaluation of reading programs in elementary schools; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">to arrange for and assist in the training of special reading personnel and specialists needed in programs assisted under this title.</content> </paragraph> </section> <section> <heading class="smallCaps centered">applicability and effective date</heading> <num value="712"><inline class="smallCaps">Sec</inline>. 712. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The provisions of this part shall become effective only<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1942">20 USC 1942</ref>.</p></sidenote> in any fiscal year in which appropriations made pursuant to section 732(a) exceed $30,000,000 and then only with respect to the amount of<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 596.</p></sidenote> such excess.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The provisions of this part shall be effective on and after the begining of fiscal year 1976.</content> </subsection> </section> <section> <heading class="smallCaps centered">allotments to states</heading> <num value="713"><inline class="smallCaps">Sec</inline>. 713. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">From the sums appropriated pursuant to section<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1943">20 USC 1943</ref>.</p></sidenote> 732(a) for each fiscal year which are available for carrying out this part, the Commissioner shall reserve such amount, but not in excess of 1 per centum of such sums, as he may determine, and shall <page identifier="/us/stat/88/592">88 <inline class="smallCaps">Stat</inline>. 592</page>apportion such amount to Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective, needs for assistance under this title. Of the remainder of such sums, he shall allot an amount to each State which bears the same ratio to the amount available for allotment as the number of school age children (aged 5 to 12, inclusive) in each such State bears to the total number of such children in all the States, as determined by the Commissioner on the basis of the most recent satisfactory data available to him. The allotment of a State which would be less than $50,000 under the preceding sentence shall be increased to $50,000, and the total of the increases thereby required shall be derived by proportionately reducing the allotments to the remaining States under the preceding sentence, but with such adjustments as may be necessary to prevent the allotments to any such remaining States from being reduced to less than $50,000.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">“State.”</p></sidenote>(2) </num> <content class="inline">For the purpose of this section the term “State” includes the District of Columbia and the Commonwealth of Puerto Rico.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Reallotment.</p></sidenote>(b) </num> <content class="inline">The amount allotted to any State under subsection (a) for any fiscal year which the Commissioner determines will not be required for that year shall be available for reallotment from time to time, on such dates during that year as the Commissioner may fix, to other States in proportion to the amounts originally allotted among those States under subsection (a) for that year, but with the proportionate amount for any of the other States being reduced to the extent it exceeds the sum the Commissioner estimates the local educational agencies of such State need and will be able to use for that year; and the total of these reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount reallotted to a State under this subsection from funds appropriated <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 596.</p></sidenote>pursuant to section 732 for any fiscal year shall be deemed part of the amount allotted to it under subsection (a) for that year.</content> </subsection> </section> <section> <heading class="smallCaps centered">agreements with state educational agencies</heading> <num value="714"><inline class="smallCaps">Sec</inline>. 714. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1944">20 USC 1944</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Any State which desires to receive grants under this part shall, through its State educational agency, enter into an agreement with the Commissioner, in such detail as the Commissioner deems necessary, which—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">designates the State educational agency as the sole agency for administration of the agreement;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">provides for the establishment of a State advisory council on reading, appointed by the State educational agency, which shall be broadly representative of the educational resources of the State and of the general public, including persons representative of—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">public and private nonprofit elementary school children, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">institutions of higher education,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">parents of elementary school children, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">areas of professional competence relating to instruction in reading,</content> </subparagraph> <continuation class="fontsize10">to advise the State educational agency on the formulation of a standard of excellence for reading programs in the elementary schools and on the preparation of, and policy matters arising in the administration of, the agreement (including the criteria for approval of applications for assistance under such agreement) and in the evaluation of results of the program carried out pursuant to the agreement;</continuation> </paragraph> <page identifier="/us/stat/88/593">88 <inline class="smallCaps">Stat</inline>. 593</page> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">describes the reading programs in elementary schools for which assistance is sought under this part and procedures for giving priority to reading programs which are already receiving Federal financial assistance and show reasonable promise of achieving success;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">sets forth procedures for the submission of applications by local educational agencies within that State, including procedures for an adequate description of the reading programs for which assistance is sought under this part;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <chapeau class="inline">sets forth criteria for achieving an equitable distribution of that part of the assistance under this part which is made available to local educational agencies pursuant to the second sentence of subsection (b) of this section, which criteria shall—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">take into account the size of the population to be served, beginning with preschool, the relative needs of pupils in different population groups within the State for the program authorized by this title, and the financial ability of the local educational agency serving such pupils,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">assure that such distribution shall include grants to local educational agencies having high concentrations of children with low reading proficiency, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">assure an equitable distribution of funds among urban and rural areas;</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">sets forth criteria for the selection or designation and training of personnel (such as reading specialists and administrators of reading programs) engaged in programs assisted under this part, including training for private elementary school personnel, which shall include qualifications acceptable for such personnel;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">provides for the coordination and evaluation of programs assisted under this part;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">(8) </num> <content class="inline">provides for technical assistance and support services for local educational agencies participating in the program;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">(9) </num> <content class="inline">makes provision for the dissemination to the educational community and the general public of information about the objectives of the program and results achieved in the course of its implementation;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">(10) </num> <content class="inline">provides for making an annual report and such other<sidenote><p class="firstIndent1 fontsize8">Reports to Commissioner.</p></sidenote> reports, in such form and containing such information, as the Commissioner may reasonably require to evaluate the effectiveness of the program and to carry out his other functions under this title;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="11">(11) </num> <content class="inline">provides that not more than 5 per centum of the amount allotted to the State under section 713 for any fiscal year may be<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 591.</p></sidenote> retained by the State educational agency for purposes of administering the agreement; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="12">(12) </num> <content class="inline">provides that programs assisted under this part shall be of sufficient size, scope, and quality so as to give reasonable promise of substantial progress toward achieving the purposes of this title.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Grants for projects to carry out the purposes of this part may be made to local educational agencies (subject to the provision of subsection (e) relating to the participation of private elementary and secondary school pupils), institutions of higher education, and other public and nonprofit private agencies and institutions. Not less than 60 per centum of the amount allotted to a State, under section 713 for any fiscal year shall be made available by the State for grants to local educational agencies within that State.</content> </subsection> <page identifier="/us/stat/88/594">88 <inline class="smallCaps">Stat</inline>. 594</page> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Commissioner shall enter into an agreement which complies with the provisions of subsection (a) with any State which desires to enter into such an agreement.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The Commissioner’s final action with respect to entering into an agreement under subsection (a) shall be subject to the provisions of section 207 of the Elementary and Secondary Education Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s827">20 USC 827</ref>.</p></sidenote>1965, relating to judicial review.</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">The provisions of section 141A of the Elementary and Secondary <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p, 4 97.</p></sidenote>Education Act of 1965 relating to the participation of children enrolled in private elementary and secondary schools shall apply to programs assisted under this part.</content> </subsection> </section> </part> <part> <num value="C"><inline class="smallCaps">Part C</inline>—</num> <heading class="inline"><inline class="smallCaps">Other Reading Improvement Programs</inline></heading> <section> <heading class="smallCaps centered">special emphasis projects</heading> <num value="721"><inline class="smallCaps">Sec</inline>. 721. </num><sidenote><p class="firstIndent1 fontsize8">Contract authority.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1961">20 USC 1961</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Commissioner is authorized to contract with local educational agencies for special emphasis projects to determine the effectiveness of intensive instruction by reading specialists and reading teachers. Each such project should provide for—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the teaching of reading by a reading specialist for all children in the first and second grades of an elementary school and the teaching of reading by a reading specialist for elementary school children in grades three through six who have reading problems; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">an intensive vacation reading program for elementary school children who are found to be reading below the appropriate grade level or who are experiencing problems in learning to read.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">No contract may be entered into under this section unless upon an application made to the Commissioner at such time, in such manner, and including or accompanied by such information as he may reasonably require. Each such application shall provide assurances that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1"><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 589.</p></sidenote>(1) </num> <content class="inline">the provisions of section 705 (b) are met; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the State educational agency has certified that individuals employed as reading specialists and reading teachers meet the requirements of subsections (e) and (f).</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">No contract may be entered into under this section unless the project has been approved by the. State educational agency.</content> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8">Districtwide project.</p></sidenote>(d) </num> <chapeau class="inline">The Commissioner is authorized to enter into at least one arrangement with a local educational agency for a districtwide project conducted in all schools of such agencies. Tn selecting the districtwide project, the Commissioner shall give priority to an application from a local educational agency if the Commissioner finds that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the local educational agency will give credit for any course to be developed for reading teachers or reading specialists <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 595.</p></sidenote>under section 722 and will encourage participation by the teachers of such agency in the training;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the local public educational television station will present or distribute, in the event supplementary noncommercial telecommunication is utilized, any course to be developed under section 722 at an hour convenient for the viewing by elementary school teachers, and, if possible, at a time convenient for such teachers to take the course, as a group, at the elementary school where they teach; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the local educational agency will make arrangements with the appropriate officials of institutions of higher education to obtain academic credit for the completion of such a course.</content> </paragraph> </subsection> <page identifier="/us/stat/88/595">88 <inline class="smallCaps">Stat</inline>. 595</page> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">In any project assisted under this section a reading teacher may be used in lieu of a reading specialist, if the Commissioner finds that the local educational agency participating in a reading emphasis project is unable to secure individuals who meet the requirements of a reading specialist and if such reading teacher is enrolled or will enroll in a program to become a reading specialist. A regular elementary teacher may be used in lieu of a reading teacher if the Commissioner finds that the local educational agency participating in a reading emphasis project is unable to secure individuals who meet the requirements of the reading teacher, and if such regular elementary teacher is enrolled or will enroll in a program to become a reading teacher.</content> </subsection> <subsection class="firstIndent1"> <num value="f">(f) </num> <chapeau class="inline">For the purpose of this section and section 722 the term—<sidenote><p class="firstIndent1 fontsize8"><i>Infra</i>.</p></sidenote></chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">“reading specialist” means an individual who has a master’s<sidenote><p class="firstIndent1 fontsize8">“Reading specialist.”</p></sidenote> degree, with a major or specialty in reading, from an accredited institution of higher education and has successfully completed three years of teaching experience, which includes reading instruction, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">“reading teacher” means an individual, with a bachelor’s<sidenote><p class="firstIndent1 fontsize8">“Reading teacher.”</p></sidenote> degree, who has successfully completed a minimum of twelve credit hours, or its equivalent, in courses of the teaching of reading at an accredited institution of higher education, and has successfully completed two years of teaching experience, which includes reading instruction.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">reading training on public television</heading> <num value="722"><inline class="smallCaps">Sec</inline>. 722. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Commissioner is authorized, through grants or<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1962">20 USC 1962</ref>.</p></sidenote> contracts, to enter into contractual arrangements with institutions of higher education, public or private agencies or organizations, and individuals for—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the preparation, production, evaluation, and distribution for use on public educational television stations of courses for elementary school teachers who are or intend to become reading teachers or reading specialists; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the preparation and distribution of informational and study course material to be used in conjunction with any such course.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">In carrying out the provisions of this section the Commissioner<sidenote><p class="firstIndent1 fontsize8">Consultation with specialists.</p></sidenote> shall consult with recognized authorities in the field of reading, specialists in the use of the communications media for educational purposes, and with the State and local educational agencies participating in projects under this title.</content> </subsection> </section> <section> <heading class="smallCaps centered">reading academies</heading> <num value="723"><inline class="smallCaps">Sec</inline>. 723. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Commissioner is authorized to make grants to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1963">20 USC 1963</ref>.</p></sidenote> and to enter into contracts with State and local educational agencies, institutions of higher education, community organizations and other nonprofit organizations, having the capacity to furnish reading assistance and instruction to youths and adults who do not otherwise receive such assistance and instruction.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Grants made and contracts entered into under this section shall contain provisions to assure that such reading assistance and instruction will be provided in appropriate facilities to be known as “reading academies”.</content> </subsection> </section> </part> <page identifier="/us/stat/88/596">88 <inline class="smallCaps">Stat</inline>. 596</page> <part> <num value="D"><inline class="smallCaps">Part D</inline>—</num> <heading class="inline"><inline class="smallCaps">General Provisions</inline></heading> <section> <heading class="smallCaps centered">evaluation</heading> <num value="731"><inline class="smallCaps">Sec</inline>. 731. </num><sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1981">20 USC 1981</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Commissioner shall submit an evaluation report to the Committee on Labor and Public Welfare of the Senate and the Committee on Education and Labor of the House of Representatives not later than March 31, in each fiscal year ending prior to fiscal year <sidenote><p class="firstIndent1 fontsize8">Contents.</p></sidenote>1979. Each such report shall—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">contain a statement of specific and detailed objectives for the program assisted under the provisions of this title;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">include a statement of the effectiveness of the program in meeting the stated objectives, measured through the end of the preceding fiscal year;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">make recommendations with respect to any changes or additional legislation deemed necessary or desirable in carrying out the program;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">contain a list identifying the principal analyses and studies supporting the major conclusions and recommendations contained in the report; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">contain an annual evaluation plan for the program through the ensuing fiscal year for which the budget was transmitted to Congress by the President, in accordance with section 201(a) of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s11">31 USC 11</ref>.</p></sidenote>the Budget and Accounting Act, 1921.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">From the sums appropriated pursuant to section 732 for any fiscal year, the Commissioner may reserve such amount, not in excess of 1 per centum of such sums, as he deems necessary for evaluation, by the Commissioner or by public or private nonprofit agencies, of programs assisted under this title.</content> </subsection> </section> <section> <heading class="smallCaps centered">authorization of appropriations</heading> <num value="732"><inline class="smallCaps">Sec</inline>. 732. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1982">20 USC 1982</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 589, 591.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There are authorized to be appropriated to carry out the provisions of parts A and B of this title $30,000,000 for the fiscal year ending June 30, 1975, $82,000,000 for the fiscal year ending June 30, 1976, $88,000,000 for the fiscal year ending June 30, 1977, and $93,000,000 for the fiscal year ending June 30, 1978.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">There are authorized to be appropriated to carry out the provisions of section 721, relating to special emphasis projects, $15,000,000 for the fiscal year ending June 30, 1975, $20,000,000 for the fiscal year ending June 30, 1976, and $25,000,000 for each of the fiscal years ending June 30, 1977 and 1978.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">There are authorized to be appropriated for the purpose of carrying out section 722, relating to reading training on public television. $3,000,000 for the fiscal year ending June 30, 1975. Sums appropriated pursuant to this subsection shall remain available for obligation and expenditure through the succeeding fiscal year.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">There are authorized to be appropriated to carry out the provisions of section 723, relating to reading academies, $5,000,000 for the fiscal year ending June 30, 1975, $7,500,000 for the fiscal year ending June 30, 1976, and $10,000,000 for each of the fiscal years ending June 30, 1977 and 1978.</content> </subsection> </section> </part> 88 Stat. 597 <num value="VIII">TITLE VIII—</num> <heading class="inline">MISCELLANEOUS PROVISIONS</heading> <part> <num value="A"><inline class="smallCaps">Part A</inline>—</num> <heading class="inline"><inline class="smallCaps">Policy Statements and White House Conference on Education</inline></heading> <section> <heading class="smallCaps centered">national policy with respect to equal educational opportunity</heading> <num value="801"><inline class="smallCaps">Sec</inline>. 801. </num> <content class="inline">Recognizing that the Nation’s economic, political, and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221–1">20 USC 1221–1</ref>.</p></sidenote> social security require a well-educated citizenry, the Congress (1) reaffirms, as a matter of high priority, the Nation’s goal of equal educational opportunity, and (2) declares it to be the policy of the United States of America that every citizen is entitled to on education to meet his or her full potential without financial barriers.</content> </section> <section> <heading class="smallCaps centered">policy with respect to advance funding of education programs</heading> <num value="802"><inline class="smallCaps">Sec</inline>. 802. </num> <content class="inline">The Congress declares it to be the policy of the United<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1223">20 USC 1223 note</ref>.</p></sidenote> States to implement immediately and continually section 411 of the General Education Provisions Act, relating to advance funding for<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 562.</p></sidenote> education programs, so as to afford responsible State, local, and Federal officers adequate notice of available Federal financial assistance for education authorized under this and other Acts of Congress.</content> </section> <section> <heading class="smallCaps centered">policy of the united states with respect to museums as educational institutions</heading> <num value="803"><inline class="smallCaps">Sec</inline>. 803. </num> <chapeau class="inline">The Congress, recognizing—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221–2">20 USC 1221–2</ref>.</p></sidenote></chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">that museums serve as sources for schools in providing education for children,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">that museums provide educational services of various kinds for educational agencies and institutions and institutions of higher education, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">that the expense of the educational services provided by museums is seldom borne by the educational agencies and institutions taking advantage of the museums’ resources,</content> </paragraph> <continuation class="fontsize10">declares that it is the sense of the Congress that museums be considered educational institutions and that the cost of their educational services be more frequently borne by educational agencies and institutions benefiting from those services.</continuation> </section> <section> <heading class="smallCaps centered">white house conference on education</heading> <num value="804"><inline class="smallCaps">Sec</inline>. 804. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The President is authorized to call and conduct a<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221–1">20 USC 1221–1 note</ref>.</p></sidenote> White House Conference on Education in 1977 (hereafter in this section referred to as the “Conference”) in order to stimulate a national assessment of the condition, needs, and goals of education and to obtain<sidenote><p class="firstIndent1 fontsize8">Report.</p></sidenote> from a group of citizens broadly representative of all aspects of education, both public and non public, a report of findings and recommendations with respect to such assessment,</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">In carrying out the provisions of this section, participants in conferences and other activities at local, State, and Federal levels are authorized to consider all matters relevant to the purposes of the Conference set forth in subsection (a), but shall give special consideration to the following:</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">The implementation of the policy set forth in section 801.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">The means by which educational systems are financed.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">Preschool education (including child care and nutrition programs), with special attention to the needs of disadvantaged children.</content> </subparagraph> <page identifier="/us/stat/88/598">88 <inline class="smallCaps">Stat</inline>. 598</page> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">The adequacy of primary education in providing all children with the fundamental skills of communication (reading, writing, spelling, and other elements of effective oral and written expression) and mathematics.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">(E) </num> <content class="inline">The effectiveness of secondary education in preparing students for careers, as well as for postsecondary education.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">(F) </num> <content class="inline">The place of occupational education (including education in proprietary schools) in the educational structure and the role of vocational and technical education in assuring that the Nation’s requirements for skilled manpower are met.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="G">(G) </num> <content class="inline">The structure and needs of postsecondary education, including methods of providing adequate levels of student assistance and institutional support.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="H">(H) </num> <content class="inline">The adequacy of education at all levels in meeting the special educational needs of such individuals as handicapped persons, economically disadvantaged, racially or culturally isolated children, those who need bilingual instruction, and gifted and talented children.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="I">(I) </num> <content class="inline">Ways of developing and implementing expanded educational opportunities for adults at the basic and secondary education equivalency levels.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="J">(J) </num> <content class="inline">The contribution of nonpublic primary and secondary education in providing alternate educational experiences for pupils and a variety of options for parents in guiding their children’s development.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Participants in conference activities at the State and local levels are authorized to narrow the scope of their deliberations to the educational problems which they consider to be most critical in their respective areas, but shall be encouraged by the National Conference Committee (established pursuant to subsection (c)) to consider such problems in the context, or the total educational structure.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">National Conference Committee.</p><p class="firstIndent1 fontsize8">Establishment; membership.</p></sidenote>(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">There is established a National Conference Committee (hereafter in this section referred to as the “Committee”), composed of not more than thirty-five members, fifteen of whom shall be appointed by the President, ten of whom shall be appointed by the President pro tempore of the Senate, and ten of whom shall be appointed by the Speaker of the House of Representatives. The Committee shall at its first meeting select a Chairman and a Vice Chairman.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Report to President and Congress.</p></sidenote>(2)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">The Committee shall provide guidance and planning for the Conference and shall make a final report (and such interim reports as may be desirable) of the results, findings, and recommendations of the Conference to the President and to the Congress not later than December 1, 1977.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">The Committee is authorized to provide such assistance as may be necessary for State and local conference activities in preparation for the National Conference.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The Commissioner shall support the activities of the Committee by providing technical assistance, advice, and consultation.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4"><sidenote><p class="firstIndent1 fontsize8">Travel expenses.</p></sidenote>(4) </num> <content class="inline">Members of the Committee shall serve without compensation, but may receive travel expenses (including per diem in lieu of subsistence) as authorized by section 5703(b) of title 5, United States Code, for persons in the Government service employed intermittently, while employed in the business of the Committee away from their homes or regular places of business.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/tS/s101">S USC 101 <i>et seq</i></ref>.</p></sidenote>(5) </num> <content class="inline">The Committee is authorized to appoint, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, a Conference Director and such professional, technical, and clerical personnel as may be necessary to assist in carrying out its functions under this section.</content> </paragraph> </subsection> <page identifier="/us/stat/88/599">88 <inline class="smallCaps">Stat</inline>. 599</page> <subsection class="firstIndent1"> <num value="d">(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">From the sums appropriated pursuant to subsection (e)<sidenote><p class="firstIndent1 fontsize8">Grants.</p></sidenote> the Commissioner is authorized to make a grant to each State, upon application of the Governor thereof, in order to assist in meeting the costs of that State’s participation in the Conference program (including the conduct of conferences at the State and local levels).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Grants made pursuant to paragraph (1) shall be made only with the approval of the Chairman of the Committee.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Funds appropriated for the purposes of this subsection shall<sidenote><p class="firstIndent1 fontsize8">Apportionment of funds.</p></sidenote> be apportioned among the States by the Commissioner in accordance with their respective needs for assistance under this subsection, except that no State shall be apportioned more than $75,000 nor less than $25,000.</content> </paragraph> </subsection> <paragraph class="indent1 fontsize10"> <num value="e">(e) </num> <content class="inline">There are authorized to be appropriated, without fiscal year<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> limitations, such sums as may be necessary to carry out the purposes of this section; and sums so appropriated shall remain available for expenditure until June 30, 1978.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="f">(f) </num> <content class="inline">For the purposes of this section, the term “State” includes the<sidenote><p class="firstIndent1 fontsize8">“State.”</p></sidenote> District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.</content> </paragraph> </section> </part> <part> <num value="B"><inline class="smallCaps">Part B</inline>—</num> <heading class="inline"><inline class="smallCaps">Educational Studies and Surveys</inline></heading> <section> <heading class="smallCaps centered">study of purposes and effectiveness of compensatory education programs</heading> <num value="821"><inline class="smallCaps">Sec</inline>. 821. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">In addition to the other authorities, responsibilities<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221e">20 USC 1221e note</ref>.</p></sidenote> and duties conferred upon the National Institute of Education (hereinafter referred to as the “Institute”) by section 405 of the General Education Provisions Act and notwithstanding the second sentence<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221e">20 USC 1221e</ref>.</p></sidenote> of subsection (b)(1) of such section 405, the Institute shall undertake a thorough evaluation and study of compensatory education programs, including such programs conducted by States and such programs conducted under title I of the Elementary and Secondary Education Act of 1965. Such study shall include—<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 488.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s236">20 USC 236</ref>.</p></sidenote></chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">an examination of the fundamental purposes of such programs, and the effectiveness of such programs in attaining such purposes;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">an analysis of means to identify accurately the children who have the greatest need for such programs, in keeping with the fundamental purposes thereof;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">an analysis of the effectiveness of methods and procedures for meeting the educational needs of children, including the use of individualized written educational plans for children, and programs for training the teachers of children;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">an exploration of alternative methods, including the use of procedures to assess educational disadvantage, for distributing funds under such programs to States, to State educational agencies, and to local educational agencies in an equitable and efficient manner, which will accurately reflect current conditions and insure that such funds reach the areas of greatest current need and are effectively used for such areas;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">not more than 20 experimental programs, which shall be reasonably geographically representative, to be administered by the Institute, in cases where the Institute determines that such experimental programs are necessary to carry out the purposes of clauses (1) through (4), and the Commissioner of Education is <page identifier="/us/stat/88/600">88 <inline class="smallCaps">Stat</inline>. 600</page>authorized, notwithstanding any provision of title I of the Elementary <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 488.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s236">20 USC 236</ref>.</p></sidenote>and Secondary Education Act of 1965, at the request of the Institute, to approve the use of grants which educational agencies are eligible to receive under such title I (in cases where the agency eligible for such grant agrees to such use) in order to carry out such experimental programs; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">findings and recommendations, including recommendations for changes in such title I or for new legislation, with respect to the matters studied under clauses (1) through (5).</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The National Advisory Council on the Education of Disadvantaged Children shall advise the Institute with respect to the design <sidenote><p class="firstIndent1 fontsize8">Information, availability.</p></sidenote>and execution of such study. The Commissioner of Education shall obtain and transmit to the Institute such information as it shall request with respect to programs carried on under title I of the Act.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Report to President and Congress.</p></sidenote>(c) </num> <content class="inline">The Institute shall make an interim report to the President and to the Congress not later than December 31, 1976, and shall make a final report thereto no later than nine months after the date of submission of such interim report, on the result of its study conducted under this section. Any other provision of law, rule, or regulation to the contrary notwithstanding, such reports shall not be submitted to any review outside of the Institute before their transmittal to the Congress, but the President and the Commissioner of Education may make to the Congress such recommendations with respect to the contents of the reports as each may deem appropriate.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">Sums made available pursuant to section 151 (i) of the Elementary <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 499.</p></sidenote>and Secondary Education Act of 1965 shall be available to carry out the provisions of this section.</content> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8">Study plan, submittal to Congress.</p></sidenote>(e)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Institute shall submit to the Congress, within one hundred and twenty days after the date of the enactment of this Act, a plan for its study to be conducted under this section. The Institute shall have such plan delivered to both Houses on the same day and to each House while it is in session. The Institute shall not commence such study until the first day after the close of the first period of thirty calendar days of continuous session of Congress after the date of the delivery of such plan to the Congress.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">For purposes of paragraph (1)—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">continuity of session is broken only by an adjournment of Congress sine die; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the thirty-day period.</content> </subparagraph> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">survey and study for updating number of children counted</heading> <num value="822"><inline class="smallCaps">Sec</inline>. 822. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c">20 USC 241c note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Secretary of Commerce shall, in consultation with the Secretary of Health, Education, and Welfare, expand the current population survey (or make such other survey) in order to furnish current data for each State with respect to the total number of school-age children in each State to be counted for purposes of section 103(c)(1)(A) of title I of the Elementary and Secondary Act of <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 488.</p><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote>1965. Such survey shall be made, and a report of the results of such survey shall be made jointly by the Secretary of Commerce and the Secretary of Health, Education, and Welfare to the Congress, not later than one year after the date of the enactment of this Act.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The Secretary of Health, Education, and Welfare and the Secretary of Commerce shall study the feasibility of updating the number of children counted for purposes of section 103(c) of title I of the Act <page identifier="/us/stat/88/601">88 <inline class="smallCaps">Stat</inline>. 601</page>in school districts of local educational agencies in order to make adjustments in the amounts of the grants for which local educational agencies within a State are eligible, under section 103(a)(2) of the Act, and shall report to the Congress, no later than one year after the<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 488.</p><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> date of enactment of this Act, the results of such study, which shall include an analysis of alternative methods for making such adjustments, together with the recommendations of the Secretary of Health, Education, and Welfare and the Secretary of Commerce with respect to which such method or methods are most promising for such purpose, together with a study of the results of the expanded population survey, authorized in subsection (a) (including analysis of its accuracy and the potential utility of data derived therefrom) for making adjustments in the amounts paid to each State under section 144(a)(1) of title I of such Act.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">No method of making adjustments directed to be considered pursuant to subsection (a) or subsection (b) shall be implemented unless such method shall first be enacted by the Congress.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241h">20 USC 241h</ref>.</p></sidenote></content> </subsection> </section> <section> <heading class="smallCaps centered">study of the measure of poverty used under title i of the elementary and secondary education act of 1905</heading> <num value="823"><inline class="smallCaps">Sec</inline>. 823. </num> <chapeau class="inline">The Assistant Secretary shall supervise, with the full<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241a">20 USC 241a note</ref>.</p></sidenote> participation of the National Institute of Education and the National Center for Education Statistics, a thorough study of the manner in which the relative measure of poverty for use in the financial assistance program authorized by title I of the Elementary and Secondary Education Act of 1965 may be more accurately and currently developed.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 488.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s236">20 USC 236</ref>.</p></sidenote> The study of the relative measure of poverty required by this subsection shall be adjusted for regional, climatic, metropolitan, urban, suburban, and rural differences and for family size and head of household differences. The study required by this section shall consider—<sidenote><p class="firstIndent1 fontsize8">Study considerations.</p></sidenote></chapeau> <paragraph class="indent1 fontsize10"> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">the availability of data more current than the decennial census including data collected by any agency of the Federal Government which are relevant except that data so collected shall not disclose the name of any individual or any other information customarily held confidential by that agency, but shall include aggregate information to the extent possible;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">the availability and usefulness of cost of living data;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">the availability and usefulness of cost of housing data;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">the availability and usefulness of labor market and job availability data;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">(E) </num> <content class="inline">the availability and usefulness of data with respect to prevailing wage rates, unemployment rates, and income distribution; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">(F) </num> <content class="inline">the availability of data with respect to eligibility criteria for aid to families with dependent children under a State plan approved under title IV of the Social Security Act.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s601">42 USC 601</ref>.</p></sidenote></content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Assistant Secretary is authorized and directed to prepare<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> and submit to the Congress not later than one year after the effective date of this Act a report of the study conducted under this subsection including recommendations with respect to the availability of data designed to improve the relative measure of poverty for the program of financial assistance authorized by title I of the Elementary and Secondary Education Act of 1965. Whenever the Assistant Secretary determines that data specified in paragraph (1) of this subsection are not available or that it is impractical to obtain data for each relevant area or category, the report shall contain an explanation of the reasons therefor.</content> </paragraph> </section> <page identifier="/us/stat/88/602">88 <inline class="smallCaps">Stat</inline>. 602</page> <section> <heading class="smallCaps centered">study of late funding of elementary and secondary education programs</heading> <num value="824"><inline class="smallCaps">Sec</inline>. 824. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241a">20 USC 241a note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Commissioner shall make a full and complete investigation and study to determine—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the extent to which late funding of Federal programs to assist elementary and secondary education handicaps local educational agencies in the effective planning of their education programs, and the extent to which program quality and achievement of program objectives is adversely affected by such late funding, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">means by which, through legislative or administrative action, the problem can be overcome.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote>(b) </num> <content class="inline">Not later than one year after the date of enactment of this Act, the Commissioner shall make a report to the Congress on the study required by subsection (a), together with such recommendations as he may deem appropriate.</content> </subsection> </section> <section> <heading class="smallCaps centered">safe school study</heading> <num value="825"><inline class="smallCaps">Sec</inline>. 825. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241a">20 USC 241a note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Secretary shall make a full and complete investigation and study, including necessary research activities, during the period beginning upon the date of enactment of this Act and ending June 30, 1976, to determine—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the frequency, seriousness, and incidence of crime in elementary and secondary schools in the States;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the number and location of schools affected by crime;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the per-pupil average incidence of crimes in elementary and secondary schools in urban, suburban, and rural schools located in all regions of the United States;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the cost of replacement and repair of facilities, books, supplies, equipment, and other tangible objects seriously damaged or destroyed as the result of crime in such schools; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">the means by which crimes are attempted to be prevented in such schools and the means by which crimes may more effectively be prevented in such schools.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Information submittal to Secretary.</p></sidenote>(b) </num> <content class="inline">Within thirty days after the date of the enactment of this Act, the Secretary shall request each State educational agency to take the steps necessary to establish and maintain appropriate records to facilitate the compilation of information under clauses (2) and (3) of subsection (a) and to submit such information to him no later than seven months after the date of enactment of this Act. In conducting this study, the Secretary shall utilize data and other information available as a result of any other studies which are relevant to the objectives of this section.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote>(c) </num> <content class="inline">Not later than December 1, 1976, the Secretary’ shall prepare and submit to the Congress a report on the study required by this section, together with such recommendations as he may deem appropriate. In such report, all information required under each paragraph of subsection (a) of this section shall be stated separately and be appropriately labeled, and shall be separately stated for elementary and secondary schools, as defined in sections 801 (c) and (d) of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s881">20 USC 881</ref>.</p></sidenote>Elementary and Secondary Education Act of 1965.</content> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8">Reimbursement to State agencies.</p></sidenote>(d) </num> <content class="inline">The Secretary may reimburse each State educational agency for the amount of expenses incurred by it in meeting the requests of the Secretary under this section.</content> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote>(e) </num> <content class="inline">There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.</content> </subsection> </section> <page identifier="/us/stat/88/603">88 <inline class="smallCaps">Stat</inline>. 603</page> <section> <heading class="smallCaps centered">study of athletic injuries</heading> <num value="826"><inline class="smallCaps">Sec</inline>. 826. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Secretary shall make a full and complete investigation<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241a">20 USC 241a note</ref>.</p></sidenote> and study to determine—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the number of athletic injuries to, and deaths of male and female students occurring in athletic competition between schools, in any practice session for such competition, and in any other school-related athletic activities for the twelve-month period beginning sixty days after the date of enactment of this Act;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the number of athletic injuries and deaths occurring (for the twelve-month period under clause (1)) at each school with an athletic trainer or other medical or health professional personnel trained to prevent or treat such injuries and at each school without such personnel.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Within fifty days after the date of enactment of this Act, the<sidenote><p class="firstIndent1 fontsize8">Information, submittal to Secretary.</p></sidenote> Secretary shall request each school to maintain appropriate records to enable it to compile information under subsection (a) and shall request such school to submit such information to the Secretary immediately after the twelve-month period beginning sixty days after the date of enactment of this Act. Not later than eighteen months after the date<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> of enactment of this Act, the Secretary shall make a report to the Congress on the study required by subsection (a), together with such recommendations as he may deem appropriate. In such report, all information required under each paragraph of subsection (a) shall be stated separately for the two groups of schools under clauses (1) and (2) of subsection (c), except that the information shall also be stated separately (and shall be excluded from the group under clause (2)) for institutions of higher education which provide either of the two-year programs described in section 801 (E)(3) of the Elementary and Secondary Education Act of 1965.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s881">20 USC 881</ref>.</p></sidenote></content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">For the purposes of this section, the term “school” means (1)<sidenote><p class="firstIndent1 fontsize8">“School.”</p></sidenote> any secondary school or (2) any institution of higher education, as defined in section 801 of the Elementary and Secondary Education Act of 1965.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">There is authorized to be appropriated the sum of $75,000 to<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> carry out the provisions of this section.</content> </subsection> </section> </part> <part> <num value="C"><inline class="smallCaps">Part C</inline>—</num> <heading class="inline"><inline class="smallCaps">Amendments to the Higher Education Act of 1935</inline></heading> <section> <heading class="smallCaps centered">community service and continuing education amendments</heading> <num value="831"><inline class="smallCaps">Sec</inline>. 831. </num> <content class="inline">Section 111 of the Higher Education Act of 1965 is amended<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1009">20 USC 1009</ref>.</p></sidenote> by adding at the end thereof the following new sentence: “<quotedText>Subject to section 448(b) of the General Education Provisions Act, the Advisory<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1233g">20 USC 1233g</ref>.</p></sidenote> Council shall continue to exist through June 30, 1975.</quotedText>”</content> </section> <section> <heading class="smallCaps centered">developing institutions amendment</heading> <num value="812"><inline class="smallCaps">Sec</inline>. 812. </num> <content class="inline">Section 302(a)(2) of the Higher Education Act of 1965<sidenote><p class="firstIndent1 fontsize8">Waiver.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1052">20 USC 1052</ref>.</p></sidenote> is amended by adding at the end thereof the following new sentence: “<quotedText>The Commissioner is authorized to waive three years of the requirements set forth in clause (C) of paragraph (1) in the case of applications for grants under this title by institutions if the Commissioner determines such action will substantially increase higher education for Spanish-speaking people.</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">bilingual education amendments</heading> <num value="833"><inline class="smallCaps">Sec</inline>. 833. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Clause (B) of section 417B(b)(3) of the Higher Education Act of 1965 is amended by inserting “<quotedText>(i)</quotedText>” after the word<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1070d–1">20 USC 1070d–1</ref>.</p></sidenote> “<quotedText>who</quotedText>” and by inserting before the semicolon at the end thereof a <page identifier="/us/stat/88/604">88 <inline class="smallCaps">Stat</inline>. 604</page>comma and the following: “<quotedText>or (ii) by reason of limited English-speaking ability, are in need of bilingual educational teaching, guidance, and counseling in order to enable them to pursue a post-secondary education</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1070d–1">20 USC 1070d–1</ref>.</p></sidenote>(2) </num> <content class="inline">Section 417B of such Act is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">Recipients of grants or contracts for the purposes of clause (3)(ii) of subsection (b) shall include in their curriculum a program of English language instruction for students of limited English-speaking ability.”.</content> </subsection> </quotedContent> </content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1070d–1">20 USC 1070d–1 note</ref>.</p></sidenote>(b) </num> <content class="inline">The amendments made by this section shall be effective upon the enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">veterans cost of instruction payments amendments</heading> <num value="834"><inline class="smallCaps">Sec</inline>. 834. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Paragraph (1) of section 420(a) of the Higher <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1070e–1">20 USC 1070e–1</ref>.</p></sidenote>Education Act of 1965 is amended to read as follows: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">During the period beginning July 1, 1972, and ending June 30, 1975, each institution of higher education shall be entitled to a payment under, and in accordance with, this section during any fiscal year if—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <chapeau class="inline">the number of persons who are veterans receiving vocational rehabilitation under chapter 31 of title 38, United States <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1501">38 USC 1501</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1651">38 USC 1651</ref>.</p></sidenote>Code, or veterans receiving educational assistance under chapter 34 of such title, and who are in attendance as undergraduate students at such institution during any academic year, equals at least—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">110 per centum of the number of such recipients who were in attendance at such institution during the preceding academic year, or</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">10 per centum of the total number of undergraduate students in attendance at such institution during such academic year and if such number does not constitute a per centum of such undergraduate students which is less than such per centum for the preceding academic year; and</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">the number of such persons is at least 25.”.</content> </subparagraph> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The first sentence of paragraph (2) of section 420(a) of such Act is amended by inserting before the period a comma and the following: “<quotedText>or equals at least the minimum number of such persons necessary to establish eligibility to entitlement under paragraph (1) during the preceding academic year, whichever is less</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Section 420(d) of such Act is amended by inserting “<quotedText>(1)</quotedText>” after “<quotedText>(d)</quotedText>” and by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The maximum amount of payments to any institution of higher education, or any branch thereof which is located in a community which is different from that in which the parent institution thereof is located, in any fiscal year, shall be $135,000. In making payments under this section for any fiscal year, the Commissioner shall apportion the appropriation for making such payments, from funds which become available as a result of the limitation on payments set forth in the preceding sentence, in such a manner as will result in the receipt by each institution which is eligible for a payment under this section of first $9,000 (or the amount of its entitlement for that fiscal year, whichever is less) and then additional amounts up to the limitation set forth in the preceding sentence.”.</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Section 420(e) of such Act is amended by striking out the matter preceding the word “<quotedText>except</quotedText>” and inserting in lieu thereof the fol-<page identifier="/us/stat/88/605">88 <inline class="smallCaps">Stat</inline>. 605</page>lowing: “<quotedText>Not less than 75 per centum of the amounts paid to any institution under subsection (d) in any fiscal year shall be used to implement the requirement of clause (B)(i) of paragraph (1) of subsection (c), and, to the extent that such funds remain after implementing such requirements, funds limited by such 75 per centum requirement shall be used for implementing the requirements of clauses (B)(ii), (iii), and (iv) of such paragraph (1),</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The amendments made by this section shall take effect on the<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1070e–1">20 USC 1070e–1 note</ref>.</p></sidenote> date of the enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">teacher corps amendments</heading> <num value="835"><inline class="smallCaps">Sec</inline>. 835. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Section 511 of the Higher Education Act of 1965<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s110">20 USC 1101</ref></p></sidenote> is amended—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">by inserting after “<quotedText>teacher preparation</quotedText>” in the matter preceding paragraph (1) the following: “<quotedText>and to encourage institutions of higher education and local educational agencies to improve programs of training and retraining for teachers and teacher aides</quotedText>”;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">by striking out “<quotedText>and</quotedText>” at the end of paragraph (3);</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">by striking out the period at the end of paragraph (4) and inserting in lieu thereof a semicolon and “<quotedText>and</quotedText>”;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">by inserting after paragraph (4) the following new paragraph: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">supporting demonstration projects for retraining experienced teachers and teacher aides serving in local educational agencies.”.</content> </paragraph> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 513(a) of such Act is amended by inserting in paragraph<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1103">20 USC 1103</ref>.</p></sidenote> (1) after “<quotedText>experienced teachers</quotedText>” a comma and the following: “<quotedText>teacher aides</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">Section 513 (c) of such Act is amended—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">by striking out “<quotedText>3 per centum</quotedText>” in paragraph (2) and inserting in lieu thereof “<quotedText>5 per centum</quotedText>”;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">by striking out in paragraph (2) “<quotedText>and the Virgin Islands</quotedText>” and inserting in lieu thereof “<quotedText>the Virgin Islands, Guam, American Samoa and the Trust Territory of the Pacific. Islands</quotedText>”; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">by striking out in paragraph (2) “<quotedText>or the Virgin Islands</quotedText>” and inserting in lieu thereof “<quotedText>the Virgin Islands, Guam, American Samoa, or the Trust Territory of the Pacific Islands</quotedText>”.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Section 514(a)(2) of such Act is amended to read as follows:<sidenote><p class="firstIndent1 fontsize8">Compensation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1104">20 USC 1104</ref>.</p></sidenote> <quotedContent> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">a teacher intern shall be compensated at such rates as the Commissioner may determine to be consistent with the nature of the program and with prevailing practices under comparable federally supported programs or local projects, not to exceed $150 per week plus $15 per week for each dependent; and”</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The amendments made by subsection (a) shall be effective on<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1101">20 USC 1101 note</ref>.</p></sidenote> and after July 1, 1974.</content> </subsection> </section> <section> <heading class="smallCaps centered">amendment to title ix respecting training in the legal. profession</heading> <num value="836"><inline class="smallCaps">Sec</inline>. 836. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Part D of title IX of the Higher Education Act of 1965 is amended by adding at the end thereof the following new section: <quotedContent> <section> <heading class="smallCaps centered">“assistance for training in the legal profession</heading> <num value="966">“<inline class="smallCaps">Sec</inline>. 966. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Commissioner is authorized prior to July 1, 1978,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1134r–1">20 USC 1134r–1</ref>.</p></sidenote> to make grants to, or enter into contracts with, public and private agencies and organizations other than institutions of higher education for the purpose of assisting individuals from disadvantaged <page identifier="/us/stat/88/606">88 <inline class="smallCaps">Stat</inline>. 606</page>backgrounds, as determined in accordance with criteria prescribed by the Commissioner, to undertake training for the legal profession.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <chapeau class="inline">Grants made, and contracts entered into under, subsection (a) may cover, in accordance with regulations of the Commissioner, all or part of the cost of—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">selecting individuals from disadvantaged backgrounds for training for the legal profession,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">facilitating the entry of such individuals into institutions of higher education for the purpose of pursuing such training,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">providing counseling or other services designed to assist such individuals to complete successfully such training,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">providing, for not more than three months prior to the entry of such individuals upon their courses of training for the legal profession, preliminary training for such individuals designed to assist them to complete successfully such training for the legal profession,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">paying such stipends (including allowances for travel and for dependents) as the Commissioner may determine for such individuals for any such period of preliminary training or for any period of training for the legal profession during which such individuals maintain satisfactory academic proficiency, as determined by the Commissioner, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">paying for administrative activities of the agencies and organizations which receive such grants, or with which such contracts are entered into, to the extent such activities are for the purpose of furthering activities described in clauses (1) through (5).</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">The activities authorized under this section may be carried out without regard to the requirements and limitations set forth in <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1134o/s1134p">20 USC 1134<i>o</i>, 1134p</ref>.</p></sidenote>sections 962 and 963 of this part.”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1134r–1">20 USC 1134r–1 note</ref>.</p></sidenote>(b) </num> <content class="inline">The amendment made by subsection (a) shall become effective on September 1, 1974.</content> </subsection> </section> <section> <heading class="smallCaps centered">community college and occupational education amendment</heading> <num value="837"><inline class="smallCaps">Sec</inline>. 837. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1135">20 USC 1135</ref>.</p></sidenote> <content class="inline">Section 1001 (b)(1) is amended by striking out “<quotedText>1974</quotedText>” and inserting in lieu thereof “<quotedText>1975</quotedText>”.</content> </section> </part> <part> <num value="D"><inline class="smallCaps">Part D</inline>—</num> <heading class="inline"><inline class="smallCaps">Other Miscellaneous Provisions</inline></heading> <section> <heading class="smallCaps centered">amendments to the library services and construction act and the vocational education act of 1963 relating to bilingual education and vocational training</heading> <num value="841"><inline class="smallCaps">Sec</inline>. 841. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 102 of the Vocational Education Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1242">20 USC 1242</ref>.</p></sidenote>1963 is amended by redesignating subsection (c), and all references thereto, as subsection (d), and by adding after subsection (b) thereof the following new subsection: <quotedContent> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote>“(c) </num> <content class="inline">There are authorized to be appropriated $17,500,000 for the fiscal year ending June 30, 1975, for the purpose of carrying out <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 607.</p></sidenote>section 122(a)(4)(C). Nothing in this subsection shall be construed to affect the availability for such purpose of appropriations made pursuant to subsection (a).”.</content> </subsection> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1244">20 USC 1244</ref>.</p></sidenote>(2) </num> <content class="inline">Clause (D) of section 104(a)(1) of such Act is amended by inserting before the comma at the end thereof the following: “<quotedText>and of persons of limited English-speaking ability (as defined in section 703 (a) of title VII of the Elementary and Secondary Education Act of <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 504.</p></sidenote>1965)</quotedText>”.</content> </paragraph> <page identifier="/us/stat/88/607">88 <inline class="smallCaps">Stat</inline>. 607</page> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Clause (A)(vii) of section 104(b)(1) of such Act is amended<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1244">20 USC 1244</ref>.</p></sidenote> by inserting before the comma at the end thereof the following: “<quotedText>(and may include, where appropriate, students who are persons of limited English-speaking ability (as defined in section 703(a) of title VII of the Elementary and Secondary Education Act of 1965))</quotedText>”.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 504.</p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Section 108 of such Act is amended by adding at the end thereof<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1248">20 USC 1248</ref>.</p></sidenote> the following new paragraphs: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="14">“(14) </num> <content class="inline">The term ‘vocational training’ means training or retraining<sidenote><p class="firstIndent1 fontsize8">“Vocational training.”</p></sidenote> which is conducted as part of a program designed to prepare individuals for gainful employment as semiskilled or skilled workers or technicians or subprofessionals in recognized occupations and in new and emerging occupations, but excluding any program to prepare individuals for employment in occupations which the Commissioner determines, and specifies by regulation, to be generally considered professional which requires a baccalaureate or higher degree; such term includes guidance and counseling (either individually or through group instruction) in connection with such training or for the purpose of facilitating occupational choices; instruction related to the occupation or occupations to which the students are in training or instruction necessary for students to benefit from such training; the training of persons engaged as, or preparing to become, instructors in a vocational training program; travel of students and vocational training personnel while engaged in a training program; and the acquisition, maintenance, and repair of instructional supplies, aids, and equipment, but such term does not include the construction, acquisition, or initial equipment of buildings or the acquisition or rental of land.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="15">“(15) </num> <content class="inline">The term ‘postsecondary educational institution’ means a<sidenote><p class="firstIndent1 fontsize8">“Post secondary educational institution.”</p></sidenote> nonprofit institution legally authorized to provide postsecondary education within a State for persons sixteen years of age or older, who have graduated from or left elementary or secondary school.”.</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Clause (4) of section 122(a) of such Act is amended by<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1262">20 USC 1262</ref>.</p></sidenote> adding at the end thereof the following: <quotedContent> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">vocational education for students of limited English-speaking ability (as defined in section 703(a) of title VII of the Elementary and Secondary Education Act of 1965) carried out in coordination with bilingual education programs under such title VII and bilingual adult education programs under section 306(a)(11) of the Adult Education Act;”.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 578.</p></sidenote></content> </subparagraph> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">Section 191 of such Act, and all references thereto, is redesignated<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1391">20 USC 1391</ref>.</p></sidenote> as section 189.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">Title I of such Act is amended by adding at the end thereof the following new part: <quotedContent> <part> <num value="J">“<inline class="smallCaps">Part J</inline>—</num> <heading class="inline"><inline class="smallCaps">Bilingual Vocational Training</inline></heading> <section> <heading class="smallCaps centered">“statement of findings</heading> <num value="191">“<inline class="smallCaps">Sec</inline>. 191. </num> <content class="inline">The Congress hereby finds that one of the most acute<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1393">20 USC 1393</ref>.</p></sidenote> problems in the United States is that which involves millions of citizens, both children and adults, whose efforts to profit from vocational training is severely restricted by their limited English-speaking ability because they come from environments where the dominant language is other than English; that such persons are therefore unable to help to fill the critical need for more and better trained personnel in vital occupational categories; and that such persons are unable to make their maximum contribution to the Nation’s economy and must, in fact, suffer the hardships of unemployment or underemployment. The Congress further finds that there is a critical shortage of instructors <page identifier="/us/stat/88/608">88 <inline class="smallCaps">Stat</inline>. 608</page>possessing both the job knowledge and skills and the dual language capabilities required for adequate vocational instruction of such language-handicapped persons, and a corresponding shortage of instructional materials and of instructional methods and techniques suitable for such instruction.</content> </section> <section> <heading class="smallCaps centered">“general responsibilities of the commissioner</heading> <num value="192">“<inline class="smallCaps">Sec</inline>. 192. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1393a">20 USC 1393a</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Commissioner and the Secretary of Labor together shall—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">develop and disseminate accurate information on the status of bilingual vocational training in all parts of the United States;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">evaluate the impact of such bilingual vocational training on the shortages of well-trained personnel, the unemployment or underemployment of persons with limited English-speaking ability, and the ability of such persons to contribute fully to the economy of the United States; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8">Report to President and Congress.</p></sidenote>“(3) </num> <content class="inline">report their findings annually to the President and the Congress.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Consultation with Secretary of Labor.</p></sidenote>“(b) </num> <content class="inline">The Commissioner shall consult with the Secretary of Labor with respect to the administration of this part. Regulations and guidelines promulgated by the Commissioner to carry out this part shall be consistent with those promulgated by the Secretary of Labor pursuant to section 301 (b) of the Comprehensive Employment and Training <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s871">29 USC 871</ref>.</p></sidenote>Act of 1973 and shall be approved by the Secretary of Labor before issuance.</content> </subsection> </section> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <num value="193">“<inline class="smallCaps">Sec</inline>. 193. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1393b">20 USC 1393b</ref>.</p></sidenote> <content class="inline">There are authorized to be appropriated $17,500,000 for the fiscal year ending June 30, 1975, to carry out the provisions of this part.</content> </section> <section> <heading class="smallCaps centered">“authorization of grants</heading> <num value="194">“<inline class="smallCaps">Sec</inline>. 194. </num><sidenote><p class="firstIndent1 fontsize8">Bilingual vocational training.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1393c">20 USC 1393c</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">From the sums made available for grants under this part pursuant to section 193, the Commissioner is authorized to make grants to and enter into contracts with appropriate State agencies, local educational agencies, postsecondary educational institutions, private nonprofit vocational training institutions, and to other nonprofit organizations especially created to serve a group whose language as normally used is other than English in supplying training in recognized occupations and new and emerging occupations, and to enter into contracts with private for-profit agencies and organizations, to assist them in conducting bilingual vocational training programs for persons of all ages in all communities of the United States which are designed to insure that vocational training programs are available to all individuals who desire and need such bilingual vocational training.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Payments to applicants.</p></sidenote>“(b) </num> <content class="inline">The Secretary shall pay to each applicant which has an application approved under this part an amount equal to the total sums expended by the applicant for the purposes set forth in that application.</content> </subsection> </section> <section> <heading class="smallCaps centered">“use of federal funds</heading> <num value="195">“<inline class="smallCaps">Sec</inline>. 195. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1393d">20 USC 1393d</ref>.</p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 609.</p></sidenote> <chapeau class="inline">Grants and contracts under this part may be used, in accordance with applications approved under section 197, for—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">bilingual vocational training programs for persons who have completed or left elementary or secondary school and who are available for training by a postsecondary educational institution;</content> </paragraph> <page identifier="/us/stat/88/609">88 <inline class="smallCaps">Stat</inline>. 609</page> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">bilingual vocational training programs for persons who have already entered the labor market and who desire or need training or retraining to achieve year-round employment, adjust to changing manpower needs, expand their range of skills, or advance in employment; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">training allowances for participants in bilingual vocational training programs subject to the same conditions and limitations as are set forth in section 111 of the Comprehensive Employment and Training Act of 1973.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s821">29 USC 821</ref>.</p></sidenote></content> </paragraph> </section> <section> <heading class="smallCaps centered">“applications</heading> <num value="196">“<inline class="smallCaps">Sec</inline>. 196. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">A grant or contract for assistance under this part may<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1393e">20 USC 1393e</ref>.</p></sidenote> be made only upon application to the Commissioner at such time, in such manner, and containing or accompanied by such information as the Commissioner deems necessary. Each such application shall—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">provide that the activities and services for which assistance under this part is sought will be administered by or under the supervision of the applicant;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">set forth a program for carrying out the purposes described in section 195; and<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 608.</p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">set forth a program of such size, scope, and design as will make a substantial contribution toward carrying out the purposes of this part.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">No grant or contract may be made under this part directly to a local educational agency or a postsecondary educational institution or a private vocational training institution or any other eligible agency or organization unless that agency, institution, or organization has submitted the application to the State board established under part B of this title, or in the case of a State that does not have such a board, the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1261">20 USC 1261</ref>.</p></sidenote> similar State agency, for comment and includes the comment of that board or agency with the application.</content> </subsection> </section> <section> <heading class="smallCaps centered">“application approval by the commissioner</heading> <num value="197">“<inline class="smallCaps">Sec</inline>. 197. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Commissioner may approve an application for<sidenote><p class="firstIndent1 fontsize8">Conditions.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1393f">20 USC 1393f</ref>.</p></sidenote> assistance under this part only if—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">the application meets the requirements set forth in subsection (a) of the previous section;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">in the case of an application submitted for assistance under this part to an agency, institution, or organization other than the State board established under part B of this title, the requirement of subsection (b) of the previous section is met; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">in the case of an application submitted for assistance under this part, the Commissioner determines that the program is consistent with criteria established by him, where feasible, after consultation, with the State board established under part B of this title, for achieving equitable distribution of assistance under this part within that State.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">An amendment to an application shall, except as the Secretary may otherwise provide, be subject to approval in the same manner as the original application.”.</content> </subsection> </section> </part> </quotedContent> </content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Clause (4) of section 6(b) of the Library Services and Construction Act is amended by inserting before the period at the end<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s351d">20 USC 351d</ref>.</p></sidenote> thereof a comma and the following: “<quotedText>and to programs and projects which serve areas with high concentrations of persons of limited <page identifier="/us/stat/88/610">88 <inline class="smallCaps">Stat</inline>. 610</page>English-speaking ability (as defined in section 703(a) of title VII of <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 504.</p></sidenote>the Elementary and Secondary Education Act of 1965, as amended)</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1242">20 USC 1242 note</ref>.</p></sidenote>(c) </num> <content class="inline">The amendments made by this section shall be effective on and after July 1, 1974.</content> </subsection> </section> <section> <heading class="smallCaps centered">assistance to states for state equalization plans</heading> <num value="842"><inline class="smallCaps">Sec</inline>. 842. </num><sidenote><p class="firstIndent1 fontsize8">Reimbursement to States.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s246">20 USC 246</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Any State desiring to develop a plan for a program of financial assistance to local educational agencies in that State to assist such agencies in the provision of free public education may, upon application therefor, be reimbursed for the development or administration of such a plan in accordance with the provisions of this <sidenote><p class="firstIndent1 fontsize8">Submittal to Commissioner.</p></sidenote>section. Each plan developed pursuant to, or which meets the requirements of, this section shall be submitted to the Commissioner not later than July 1, 1977, and shall, subject to the provisions of this section, be consistent with the guidelines developed pursuant to paragraph (3). Such plan shall be designed to implement a program of State aid for free public education—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">which is consistent with such standards as may be required by the fourteenth article of amendment to the Constitution; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">the primary purpose of which is to achieve equality of educational opportunity for all children in attendance at the schools of the local educational agencies of the State.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Guidelines.</p><p class="firstIndent1 fontsize8">Publication in Federal Register; submittal to President of the Senate and Speaker of the House.</p></sidenote>(2) </num> <content class="inline">The Commissioner shall develop guidelines defining the principles set forth in clauses (A) and (B) of paragraph (1). Not later than April 1, 1975, the Commissioner shall publish such guidelines in the Federal Register and submit such guidelines to the President of the Senate and the Speaker of the House of Representatives.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">During the sixty-day period following such publication, the Commissioner shall provide interested parties with an opportunity to present views and make recommendations with respect to such guidelines. <sidenote><p class="firstIndent1 fontsize8">Republication in Federal Register.</p></sidenote>Not later than July 1, 1975, the Commissioner shall (A) republish such guidelines in the Federal Register, together with any amendments thereto as may be merited and (B) publish in the Federal Register a summary of the views and recommendations presented by interested parties under the preceding sentence, together with the comments of the Commissioner respecting such views and recommendations.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4"><sidenote><p class="firstIndent1 fontsize8">Submittal to President of the Senate and Speaker of the House.</p></sidenote>(4)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">The guidelines published in accordance with paragraph (3), together with any amendments, shall, not later than July 1, 1975, be submitted to the President of the Senate and the Speaker of the House of Representatives. If either the Senate or the House of Representatives adopts, prior to December 1, 1975, a resolution of disapproval of such guidelines, the Commissioner shall, prior to <sidenote><p class="firstIndent1 fontsize8">New guidelines.</p></sidenote>December 15, 1975, publish new guidelines. Such new guidelines shall take into consideration such views and policies as may be made in connection with such resolution and shall become effective thirty days after such publication.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B"><sidenote><p class="firstIndent1 fontsize8">Resolution of disapproval.</p></sidenote>(B) </num> <content class="inline">A resolution of disapproval under this paragraph may be in the form of a resolution of either the Senate or the House of Representatives or such resolution may be in the form of a concurrent resolution of both Houses. If such a resolution of disapproval is in the form of a concurrent resolution, the new guidelines published in accordance with the second sentence of subparagraph (A) of this paragraph shall be consistent with such policies as may be established by such concurrent resolution.</content> </subparagraph> <page identifier="/us/stat/88/611">88 <inline class="smallCaps">Stat</inline>. 611</page> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">If each of the Houses adopts a separate resolution with respect to guidelines submitted in accordance with this paragraph for any year and in connection therewith makes policy statements which differ substantially, then such differences may be resolved by the adoption of a concurrent resolution by both Houses. Any such concurrent resolution shall be deemed to be adopted in accordance with subparagraph (B).</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Any State developing a plan pursuant to this section may reject any guidelines developed and published under subsection (a) of this section if such State, as a provision of its plan, states the reasons for each such rejection.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Each State that develops a plan under this section shall be<sidenote><p class="firstIndent1 fontsize8">Reimbursement to States, limitation.</p></sidenote> reimbursed for the reasonable amounts expended by the State in the development or administration of such a plan based upon the ratio of the population of that State to the population of all States except that no State shall receive less than $100,000 and no State shall receive more than $1,000,000.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">For the purposes of this section the term “State” means the<sidenote><p class="firstIndent1 fontsize8">“State.”</p></sidenote> fifty States.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">treatment of puerto rico as a state</heading> <num value="843"><inline class="smallCaps">Sec</inline>. 843. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 143(b) of the Elementary and Secondary Education Act of 1965, 202(a)(1), and 302(a)(1) of such Act are<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241g/s822/s842">20 USC 241g, 822, 842</ref>.</p></sidenote> each amended by striking out “<quotedText>Puerto Rico,</quotedText>”,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 202(a)(2), 302(a)(2), 307(b),502(a)(1),522(a), 531 (c)(1)(A), and 531(c)(1)(B) of such Act are each amended by striking<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s845/s862/s866a/s857">20 USC 845, 862, 866a, 857</ref>.</p></sidenote> out “<quotedText>the Commonwealth of Puerto Rico,</quotedText>” each time it appears.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Sections 202(a)(1) and 302(a)(1) of such Act are each amended by striking out “<quotedText>3 per centum</quotedText>” and inserting in lieu thereof “<quotedText>1 per centum</quotedText>”. Sections 502(a)(1), 522(a), and 531(c)(1)(A) of such Act are each amended by striking out “<quotedText>2 per centum</quotedText>” and inserting in lieu thereof“<quotedText>! per centum</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Effective after June 30, 1975, section 612(a)(1) of the Education<sidenote><p class="firstIndent1 fontsize8">Effective dates.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1412">20 USC 1412 and note</ref>.</p></sidenote> of the Handicapped Act is amended by striking out “<quotedText>Puerto Rico,</quotedText>”</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Effective after June 30 1975, sections 612(a)(2) and 613(a)(1) of the Education of the Handicapped Act are each amended by striking<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1413">20 USC 1413</ref>.</p></sidenote> out “<quotedText>the Commonwealth of Puerto Rico,</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Effective after June 30, 1975, section 612(a)(1) of the Education of the Handicapped Act is amended by striking out “<quotedText>3 per centum</quotedText>” and inserting in lieu thereof “<quotedText>1 per centum</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 303(f) of the Adult Education Act is amended by<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1202">20 USC 1202</ref>.</p></sidenote> striking out “<quotedText>the Commonwealth of Puerto Rico,</quotedText>” where it occurs, and by inserting “<quotedText>the Commonwealth of Puerto Rico,</quotedText>” after “<quotedText>the District of Columbia,</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 305 (a) of such Act is amended by striking out “<quotedText>Puerto<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1204">20 USC 1204</ref>.</p></sidenote> Rico,</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Section 305 (a) of the Adult Education Act is amended by striking out “<quotedText>2 per centum</quotedText>” and inserting in lieu thereof “<quotedText>1 per centum</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">Notwithstanding any provision of part. A of title I of the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c">20 USC 241c note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c">20 USC 241c</ref>.</p></sidenote> Elementary and Secondary Education Act of 1965, the amount which the Commonwealth of Puerto Rico is eligible to receive under subpart. 1 of such part A or under sections 121, 122, or 123 for the fiscal year<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 491.</p></sidenote> ending June 30, 1975, shall not exceed 50 per centum of the full amount the Commonwealth of Puerto Rico would receive (after required <page identifier="/us/stat/88/612">88 <inline class="smallCaps">Stat</inline>. 612</page>ratable reductions) under such subpart or section but for this subsection, and for the fiscal years ending June 30, 1976, June 30, 1977, and June 30, 1978, such amount shall not exceed 75 per centum of the full amount the Commonwealth of Puerto Rico would receive (after required ratable reductions) under such subpart or section but for this subsection.</content> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241g">20 USC 241g note</ref>.</p></sidenote>(e) </num> <content class="inline">Unless otherwise specifically provided, the amendments made by this section shall be effective on and after July 1, 1974.</content> </subsection> </section> <section> <heading class="smallCaps centered">provision relating to sex discrimination</heading> <num value="844"><inline class="smallCaps">Sec</inline>. 844. </num><sidenote><p class="firstIndent1 fontsize8">Proposed regulations, publication.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1681">20 USC 1681 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1681">20 USC 1681</ref>.</p></sidenote> <content class="inline">The Secretary shall prepare and publish, not later than 30 days after the date of enactment of this Act, proposed regulations implementing the provisions of title IX of the Education Amendments of 1972 relating to the prohibition of sex discrimination in federally assisted education programs which shall include with respect to intercollegiate athletic activities reasonable provisions considering the nature of particular sports.</content> </section> <section> <heading class="smallCaps centered">extension of advisory councils</heading> <num value="845"><inline class="smallCaps">Sec</inline>. 845. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 148(c) of the Elementary and Secondary <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241l">20 USC 241<i>l</i></ref>.</p></sidenote>Education Act of 1965 is amended by adding at the end thereof the following new sentence: “<quotedText>Subject to section 448(b) of the General <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1233g">20 USC 1233g</ref>.</p></sidenote>Education Provisions Act, the National Council shall continue to exist until July 1, 1978.</quotedText>”</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 309(c) of the Elementary and Secondary Education <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s847a">20 USC 847a</ref>.</p></sidenote>Act of 1965 is amended by adding at the end thereof the following new sentence: “<quotedText>Subject to section 448(b) of the General Education Provisions Act, the Council shall continue to exist until July 1, 1978, except that the Council shall not exist during any year for which funds are available for obligation by the Commissioner for carrying <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221">20 USC 1221</ref>.</p></sidenote>out title IV.</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Section 708(a) of the Elementary and Secondary Education <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b–5">20 USC 880b–5</ref>.</p></sidenote>Act of 1965 is amended by adding at the end thereof the following new sentence: “<quotedText>Subject to section 448(b) of the General Education Provisions Act, the Advisory Committee shall continued to exist until July 1, 1978.</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221g">20 USC 1221g</ref>.</p></sidenote>(d) </num> <content class="inline">Section 442(a) of the Education Amendments of 1972 is amended by adding at the end thereof the following new sentence: “<quotedText>Subject to section 448(b) of the General Education Provisions Act, the National Council shall continue to exist until July 1, 1978.</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1615">20 USC 1615</ref>.</p></sidenote>(e) </num> <content class="inline">Section 716(b) of the Emergency School Aid Act is amended by adding at the end thereof the following new sentence: “<quotedText>Subject to section 448(b) of the General Education Provisions Act, such Council shall continue to exist until July 1, 1975.</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="f"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1209">20 USC 1209</ref>.</p></sidenote>(f) </num> <content class="inline">Section 310(b) of the Adult Education Act is amended by adding at the end thereof the following new sentence: “<quotedText>Subject to section 448(b) of the General Education Provisions Act, the Council shall continue to exist until July 1, 1978.</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="g">(g) </num> <content class="inline">Section 104(a) of the Vocational Education Act of 1963 is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1244">20 USC 1244</ref>.</p></sidenote>amended by adding at the end thereof the following new sentence: “<quotedText>Subject to section 448(b) of the General Education Provisions Act, the National Council shall continue to exist until July 1, 1976.</quotedText>”.</content> </subsection> </section> <page identifier="/us/stat/88/613">88 <inline class="smallCaps">Stat</inline>. 613</page> <section> <heading class="smallCaps centered">separability</heading> <num value="846"><inline class="smallCaps">Sec</inline>. 846. </num> <content class="inline">If any provision of, or any amendment made by, titles<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241b">20 USC 241b note</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 488–535.</p><p class="firstIndent1 fontsize8">USC prec. title 1.</p></sidenote> I and IV of this Act is held invalid by reason of being inconsistent with the Constitution, all provisions of this Act and amendments made by this Act which are separable from such invalid provision or amendment shall remain in effect. If any such provision or amendment is held invalid in one or more applications of such provision or amendment, such provision or amendment shall remain in effect in all valid applications which are separable from any such application.</content> </section> </part> Approved August 21, 1974.
Public Law 93–381: Making appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending June 30, 1975, and for other purposes. Public Law 381 Public Law 93–381 1974-08-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–381
AN ACT Making appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending June 30, 1975, and for other purposes.

August 21, 1974

[H. R. 15544]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following

Treasury, Postal Service, and General Government Appropriation Act, 1975.

 sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending June 30, 1975, and for other purposes, namely: <num value="I">TITLE I—</num><heading class="inline">TREASURY DEPARTMENT</heading><sidenote><p class="indent0 firstIndent1 fontsize8">Treasury Department Appropriations Act, 1975.</p></sidenote> <appropriations level="intermediate"><heading><inline class="smallCaps">Office of the Secretary</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses in the Office of the Secretary, including the operation and maintenance of the Treasury Building and Annex thereof; hire of passenger motor vehicles; and not to exceed $10,000 for official reception and representation expenses; $25,850,000, of which not to exceed $100,000 shall be available for unforeseen emergencies of a confidential character, to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on his certificate, and of which $3,600,000 shall be for repairs and improvements to Treasury buildings and shall remain available until expended.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Federal Law Enforcement Training Center</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the Federal Law Enforcement Training Center, including purchase of six passenger motor vehicles for police-type use; and the hire of passenger motor vehicles; $3,100,000.</content> </appropriations> <page identifier="/us/stat/88/614">88 <inline class="smallCaps">Stat.</inline> 614</page> <appropriations level="small"><heading><inline class="smallCaps">construction</inline></heading> <content>For necessary expenses for preparation of plans and specifications, acquisition of land, and construction of facilities for the Federal Law Enforcement Training Center, $18,915,000, to remain available until expended: <proviso><i>Provided</i>, That such sums as are necessary may be transferred to the General Services Administration for execution of the work.</proviso></content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">expenses for economic stabilization</inline></heading> <subheading>(<inline class="smallCaps">liquidating functions</inline>)</subheading> <content>For expenses necessary to enable the Secretary of the Treasury to terminate and provide for an orderly phaseout by December 31, 1974, of the economic stabilization activities conducted under the Economic Stabilization Act of 1970, as amended, including services as authorized <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1904">12 USC 1904</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332</ref> note.</p></sidenote> by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem equivalent of the rate for GS–18, $2,000,000: <proviso><i>Provided</i>, That advances, repayments or transfers may be made to any department or agency for expenses of such termination.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Bureau of Accounts</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the Bureau of Accounts, $100,000,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Payment of Government Losses in Shipment</inline></heading> <content>For payment of Government losses in shipment, in accordance with section 2 of the Act approved July 8, 1937 (40 U.S.C. 722), $600,000.</content> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Bureau of Alcohol, Tobacco and Firearms</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the Bureau of Alcohol, Tobacco and Firearms including purchase of (not to exceed two hundred and forty for replacement only, for police-type use), and hire of passenger motor vehicles; hire of aircraft; and services of expert witnesses at such rates as may be determined by the Director; $92,000,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">United States Customs Service</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the United States Customs Service, including purchase of eighty-nine passenger motor vehicles (of which seventy-eight shall be for replacement only), including seventy-nine <page identifier="/us/stat/88/615">88 <inline class="smallCaps">Stat.</inline> 615</page> for police-type use; acquisition (purchase of two), operation, and maintenance of aircraft; hire of passenger motor vehicles and aircraft; and awards of compensation to informers as authorized by the Act of August 13, 1953 (22 U.S.C. 401); $284,800,000, of which not to exceed $150,000 shall be available for payment for rental space in connection with preclearance operations.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Bureau of the Mint</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the Bureau of the Mint, including purchase of one passenger motor vehicle for replacement only; and not to exceed $2,500 for the expenses of the annual assay commission; $32,000,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Bureau of the Public Debt</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">administering the public debt</inline></heading> <content>For necessary expenses connected with any public-debt issues of the United States, $88,500,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Internal Revenue Service</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the Internal Revenue Service, not otherwise provided for, including executive direction, administrative support, and internal audit and security; hire of passenger motor vehicles; and services of expert witnesses at such rates as may be determined by the Commissioner; $41,000,000.</content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">accounts, collection and taxpayer service</inline></heading> <content>For necessary expenses of the Internal Revenue Service for processing tax returns, revenue accounting, providing assistance to taxpayers, securing unfiled tax returns, and collecting unpaid taxes; hire of passenger motor vehicles; and services of expert witnesses at such rates as may be determined by the Commissioner; including not to exceed $10,000,000 for employees on temporary appointments and not to exceed $183,000 for salaries of personnel engaged in preemployment training of data transcriber applicants; $712,600,000.</content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">compliance</inline></heading> <content>For necessary expenses of the Internal Revenue Service for determining and establishing tax liabilities, and for investigation and enforcement activities, including purchase (not to exceed two hundred and three of which seventy-eight shall be for replacement only, for police-type use) and hire of passenger motor vehicles; and services of expert witnesses at such rates as may be determined by the Commissioner; $791,000,000.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/616">88 <inline class="smallCaps">Stat.</inline> 616</page> <appropriations level="intermediate"><heading><inline class="smallCaps">Federal Tax Lien Revolving Fund</inline></heading> <content>For increased capitalization of the revolving fund for redemption of real property, established by the Federal Tax Lien Act of 1966 (26 U.S.C. 7810(a)), $500,000.</content> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Office of the Treasurer</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the Office of the Treasurer, $14,000,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">United States Secret Service</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses for the operation of the United States Secret Service, including purchase (not to exceed eighty-eight for police-type use of which seventy-seven are for replacement only) and hire of passenger motor vehicles; hire of aircraft; training and assistance requested by State and local governments which may be provided without reimbursement; and fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be necessary to perform protective functions; $79,300,000: <proviso><i>Provided</i>, That funds appropriated to the United States Secret Service shall be available to provide protection to the immediate family of the Vice President of the United States and for the utilization of the Executive Protective Service to provide security at the official residence of the Vice President.</proviso></content> </appropriations> </appropriations> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">General Provisions—Treasury Department</inline></heading> <num value="101"><inline class="smallCaps">Sec.</inline> 101.</num> <content><p>Appropriations in this Act to the Treasury Department shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–2) including maintenance, repairs, and cleaning; purchase of insurance for official motor vehicles operated in foreign countries; entering into contracts with the Department of State for the furnishing of health and medical services to employees and their dependents serving in foreign countries; and services as authorized by 5 U.S.C. 3109.</p> <p class="firstIndent1 fontsize10">This title may be cited as the “<shortTitle role="title">Treasury Department Appropriations <sidenote><p class="indent0 firstIndent1 fontsize8">Citation of title.</p></sidenote> Act, 1975</shortTitle>”.</p></content> </section> <num value="II">TITLE II—</num><heading class="inline">POSTAL SERVICE</heading><sidenote><p class="indent0 firstIndent1 fontsize8">Postal Service Appropriation Act, 1975.</p></sidenote> <appropriations level="intermediate"><heading><inline class="smallCaps">Payment to the Postal Service Fund</inline></heading> <content><p class="firstIndent1 fontsize10">For payment to the Postal Service Fund for public service costs and for revenue foregone on free and reduced-rate mail, pursuant to 39 U.S.C. 2401 (b) and (c), and for meeting the liabilities of the former Post Office Department to the Employees’ Compensation Fund and to postal employees for earned and unused annual leave as of June 30, 1971, pursuant to 39 U.S.C. 2004, $1,550,000,000.</p> <p class="firstIndent1 fontsize10">This title may be cited as the “<shortTitle role="title">Postal Service Appropriation Act, <sidenote><p class="indent0 firstIndent1 fontsize8">Citation of title.</p></sidenote> 1975</shortTitle>”.</p></content> </appropriations> 88 Stat. 617 <num value="III">TITLE III—</num><heading class="inline">EXECUTIVE OFFICE OF THE PRESIDENT</heading><sidenote><p class="indent0 firstIndent1 fontsize8">Executive Office Appropriation Act, 1975.</p></sidenote> <appropriations level="intermediate"><heading><inline class="smallCaps">Compensation of the President</inline></heading> <content>For compensation of the President, including an expense allowance at the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $250,000.</content> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Council of Economic Advisers</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the Council in carrying out its functions under the Employment Act of 1946 (15 U.S.C. 1021), $1,600,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Council on International Economic Policy</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the Council on International Economic Policy, including personnel services without regard to the provisions of law regulating the employment and compensation of persons in the Government service, $1,600,000 of which, an amount not to exceed $1,000 may be expended for official entertainment.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Domestic Council</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the Domestic Council, including services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem equivalent of the rate for grade GS–18; and other <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332</ref> note.</p></sidenote> personal services without regard to the provisions of law regulating the employment and compensation of persons in the Government service; $1,250,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Unanticipated Personnel Needs</inline></heading> <content>For expenses necessary to enable the President to meet unanticipated personnel needs, for emergencies affecting the national interest, security, or defense which may arise at home or abroad during the current fiscal year, and to pay administrative expenses incurred with respect thereto, $500,000.</content> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Executive Residence</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">operating expenses</inline></heading> <content>For the care, maintenance, repair and alteration, refurnishing, improvement, heating and lighting, including electric power and fixtures, of the Executive Residence, and official entertainment expenses of the President, $1,695,000.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/618">88 <inline class="smallCaps">Stat.</inline> 618</page> <appropriations level="intermediate"><heading><inline class="smallCaps">Official Residence of the Vice President</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">operating expenses</inline></heading> <content>For the care, maintenance, repair and alteration, furnishing, improvement, heating and lighting, including electric power and fixtures, of the official residence of the Vice President, $315,000: <proviso><i>Provided</i>, That advances or repayments or transfers from this appropriation may be made to any department or agency for expenses of carrying out such activities.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Federal Energy Office</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>No part of any appropriation contained in this or any other Act for the regulatory functions of the Federal Energy Administration under authority of Public Law 91–159, shall be obligated or expended beyond <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s751">15 USC 751</ref> note.</p></sidenote> the expiration date of that Act except with explicit approval of the appropriations committees.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">National Commission on Productivity</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the National Commission on Productivity, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $2,000,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">National Security Council</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For expenses necessary for the National Security Council, including services as authorized by 5 U.S.C. 3109, $2,900,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Office of Management and Budget</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For expenses necessary for the Office of Management and Budget, including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, $21,000,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Office of Telecommunications Policy</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For expenses necessary for the conduct of telecommunications functions assigned to the Director of the Office of Telecommunications policy, including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, $8,450,000.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/619">88 <inline class="smallCaps">Stat.</inline> 619</page> <appropriations level="intermediate"><heading><inline class="smallCaps">Special Action Office for Drug Abuse Prevention</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the Special Action Office for Drug Abuse Prevention, $3,000,000.</content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">pharmacological research</inline></heading> <content>For necessary expenses in connection with activities authorized by section 224 of the Drug Abuse Office and Treatment Act of 1972 (Public Law 92–255), $4,000,000.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t21/s1134">21 USC 1134.</ref></p></sidenote></content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">special fund for drug abuse</inline></heading> <content>For the “Special fund” established by section 223 of the Drug Abuse Office and Treatment Act of 1972 (Public Law 92–255), <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t21/s1133">21 USC 1133.</ref></p></sidenote> $11,000,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Special Assistance to the President</inline></heading> <content>For expenses necessary to enable the Vice President to provide assistance to the President in connection with specially assigned functions, services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem equivalent of the rate for grade GS–18, compensation for one position at a rate not to exceed the rate <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s5313">5 USC 5313</ref> note.</p></sidenote> of level II of the Executive schedule, and other personal services without regard to the provisions of law regulating the employment and compensation of persons in the Government service, including hire of passenger motor vehicles, $910,000.</content> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">The White House Office</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content><p class="firstIndent1 fontsize10">For expenses necessary for the White House Office as authorized by law, including not to exceed $3,850,000 for services as authorized by 5 U.S.C. 3109, at such per diem rates for individuals as the President may specify, and other personal services without regard to the provisions of law regulating the employment and compensation of persons in the Government service; hire of passenger motor vehicles, newspapers, periodicals, teletype news service, and travel (not to exceed $100,000); and not to exceed $10,000 for official entertainment expenses to be available for allocation within the Executive Office of the President; $16,367,000.</p> <p class="firstIndent1 fontsize10">This title may be cited as the “<shortTitle role="title">Executive Office Appropriation Act, <sidenote><p class="indent0 firstIndent1 fontsize8">Citation of title.</p></sidenote> 1975</shortTitle>”.</p></content> </appropriations> </appropriations> <num value="IV">TITLE IV—</num><heading class="inline">INDEPENDENT AGENCIES</heading><sidenote><p class="indent0 firstIndent1 fontsize8">Independent Agencies Appropriations Act, 1975.</p></sidenote> <appropriations level="intermediate"><heading><inline class="smallCaps">Administrative Conference of the United States</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the Administrative Conference of the United States, established by the Administrative Conference Act, as amended (5 U.S.C. 571 et seq.), $750,000.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/620">88 <inline class="smallCaps">Stat.</inline> 620</page> <appropriations level="intermediate"><heading><inline class="smallCaps">Advisory Commission on Intergovernmental Relations</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For expenses necessary to carry out the provisions of the Act of September 24, 1959 (73 Stat. 703–706), $1,075,000.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4271">42 USC 4271</ref> <i>et seq.</i></p></sidenote></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Advisory Committee on Federal Pay</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the Advisory Committee on Federal Pay, established by 5 U.S.C. 5306, $130,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Civil Service Commission</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses, including services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by private physicians on a fee basis; rental of conference rooms in the District of Columbia; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; and advances or reimbursements to applicable funds of the Commission and the Federal Bureau of Investigation for expenses incurred under Executive Order 10422 of January 9, 1953, as amended; $90,000,000 together with not <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t22/s287">22 USC 287</ref> note.</p></sidenote> to exceed $18,698,000 for current fiscal year administrative expenses for the retirement and insurance programs to be transferred from the appropriate trust funds of the Commission in amounts determined by the Commission without regard to other statutes: <proviso><i>Provided</i>, That the provisions of this appropriation shall not affect the authority to use applicable trust funds for administrative expenses of effecting statutory annuity adjustments.</proviso> No part of the appropriation herein made to the Civil Service Commission shall be available for the salaries and expenses of the Legal Examining Unit of the Commission, established pursuant to Executive Order 9358 of July 1, 1943, or any successor unit of like purpose.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/cfr/3/1943–1948">3 CFR, 1943–1948</ref> Comp., p. 256.</p></sidenote> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">government payment for annuitants, employees health benefits</inline></heading> <content>For payment of Government contributions with respect to retired employees, as authorized by chapter 89 of title 5, United States Code, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s8901">5 USC 8901.</ref></p></sidenote> and the Retired Federal Employees Health Benefits Act (74 Stat. 849), as amended, $264,817,000.</content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">payment to civil service retirement and disability fund</inline></heading> <content>For financing the unfunded liability of new and increased annuity benefits becoming effective on or after October 20, 1969, as authorized by 5 U.S.C. 8348, and annuities under special acts, to be credited to the Civil Service retirement and disability fund, $882,287,000: <proviso><i>Provided</i>, That annuities authorized by the Act of May 29, 1944, as <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t33/s776">33 USC 776.</ref></p></sidenote> amended (2 C.Z.C. 181) and the Act of August 19, 1950, as amended (33 U.S.C. 771–775) may hereafter be paid out of the Civil Service retirement and disability fund.</proviso></content> </appropriations> <page identifier="/us/stat/88/621">88 <inline class="smallCaps">Stat.</inline> 621</page> <appropriations level="small"><heading><inline class="smallCaps">federal labor relations council</inline></heading> <heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For expenses necessary to carry out functions of the Civil Service Commission under Executive Order No. 11491 of October 29, 1969, as <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s7301">5 USC 7301</ref> note.</p></sidenote> amended, $975,000: <proviso><i>Provided</i>, That public members of the Federal Service Impasses Panel may be paid travel expenses per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703) for persons employed intermittently in the Government Service, and compensation as authorized by 5 U.S.C. 3109.</proviso></content> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">intergovernmental personnel assistance</inline></heading> <content>For grants to improve State and local personnel administration, as authorized by the Intergovernmental Personnel Act of 1970, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4701">42 USC 4701</ref> note.</p></sidenote> $15,000,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Commission on the Review of the National Policy Toward Gambling</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For expenses necessary to carry out functions of the Commission on the Review of the National Policy Toward Gambling, established by section 804 of the Organized Crime Control Act of 1970 (P.L. 91–452; 84 Stat. 938), $1,000,000.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t18/s1955">18 USC 1955</ref> note.</p></sidenote></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For expenses necessary for the Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped, established by the Act of June 23, 1971, Public Law 92–28, including hire <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t41/s48c">41 USC 48c.</ref></p></sidenote> of passenger motor vehicles, $252,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">General Services Administration</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">disposal of surplus real and related personal property, operating expenses</inline></heading> <content>Not to exceed $7,200,000 of any proceeds received by the General Services Administration during the current fiscal year from transfers of excess property and the disposal of surplus real and related personal property shall be deposited to this appropriation, and shall be available for necessary expenses incurred in the Federal Buildings Fund in carrying out surplus property functions, pursuant to the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460 1–5).</content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">federal buildings fund</inline></heading> <heading><inline class="smallCaps">limitations on availability of revenue</inline></heading> <content><p class="firstIndent1 fontsize10">The revenues and collections deposited into a fund pursuant to Section 210(f) of the Federal Property and Administrative Services Act<page identifier="/us/stat/88/622">88 <inline class="smallCaps">Stat.</inline> 622</page> of 1949, as amended (40 U.S.C. 490(f)), shall be available during the current fiscal year for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration of leased premises; moving Government agencies (including space adjustments) in connection with the assignment, allocation and transfer of space; contractual services incident to cleaning or servicing buildings and moving; repair and alteration of federally owned buildings, including grounds, approaches and appurtenances; care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authorized by law; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, taxes, and any other obligations for public buildings acquired by purchase contract; in the aggregate amount of $1,008,870,700 of which (1) not to exceed $25,000,000 shall be available for construction of buildings as authorized by law including construction projects at locations and at maximum construction improvement costs (including funds for sites and expenses) as follows:</p> <list> <listItem><listContent class="indent1 fontsize10 depth0">New Construction:</listContent> <list> <listItem><listContent class="indent2 fontsize10 depth1">Arizona:</listContent> <list> <listItem><listContent class="indent4 fontsize10 depth3">Lukeville Border Station, $2,081,000</listContent></listItem></list></listItem> <listItem><listContent class="indent2 fontsize10 depth1">Texas:</listContent> <list> <listItem><listContent class="indent4 fontsize10 depth3">Laredo Border Station, $15,462,000</listContent></listItem></list></listItem> <listItem><listContent class="indent2 fontsize10 depth1">Washington:</listContent> <list> <listItem><listContent class="indent4 fontsize10 depth3">Blaine, Pacific Highway Border Station, $3,374,000</listContent></listItem></list></listItem></list></listItem> </list> <list> <listItem><listContent class="indent1 fontsize10 depth0">Extensions and conversions:</listContent> <list> <listItem><listContent class="indent2 fontsize10 depth1">Colorado:</listContent> <list> <listItem><listContent class="indent4 fontsize10 depth3">Denver, Federal Center Building #50, $1,209,000</listContent></listItem> <listItem><listContent class="indent4 fontsize10 depth3">Denver, Federal Center Building #85, $1,727,000</listContent></listItem></list></listItem> <listItem><listContent class="indent2 fontsize10 depth1">Ohio:</listContent> <list> <listItem><listContent class="indent4 fontsize10 depth3">Dayton, Federal Depot, #4, $1,147,000</listContent></listItem></list></listItem></list></listItem> </list> <p class="indent0 firstIndent0 fontsize10"><proviso><i>Provided</i>, That the immediately foregoing limits of costs may be exceeded to the extent that savings are effected in other such projects, but by not to exceed 10 per centum; (2) not to exceed $26,244,000 for purchase contract payments; (3) not to exceed $350,000,000 for rental of space; (4) not to exceed $98,000,000 for alterations and major repairs; (5) not to exceed $354,000,000 for real property operations; (6) not to exceed $54,037,000 for program direction and centralized services; and (7) not to exceed $101,589,700 of the amounts merged with the fund pursuant to section 210(f)(3) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)(3)) of which (a) not to exceed $69,995,700 for the construction of buildings as authorized by law including construction projects at locations and at maximum construction improvement costs (including funds for sites and expenses) as follows:</proviso></p> <page identifier="/us/stat/88/623">88 <inline class="smallCaps">Stat.</inline> 623</page> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="text-align:left; vertical-align:bottom">Alabama:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Mobile Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">$224,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Alaska:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Fairbanks Federal Office Building and Parking Facility</td> <td style="text-align:right; vertical-align:bottom">638,500</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Anchorage Court House, Federal Office Building, and Park Facility</td> <td style="text-align:right; vertical-align:bottom">2,000,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Alaska Highway Border Station</td> <td style="text-align:right; vertical-align:bottom">839,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Juneau Post Office and Court House</td> <td style="text-align:right; vertical-align:bottom">12,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Petersburg Federal Office Building and Post Office</td> <td style="text-align:right; vertical-align:bottom">25,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Arizona:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Nogales Border Station #2</td> <td style="text-align:right; vertical-align:bottom">2,670,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Arkansas:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Batesville Post Office, Court House, and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">86,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Fayetteville Court House and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">89,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">California:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Los Angeles Federal Office Building and Multi-Parking Facility</td> <td style="text-align:right; vertical-align:bottom">1,981,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">San Diego Border Station</td> <td style="text-align:right; vertical-align:bottom">1,724,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Hawthorne Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">92,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Santa Rosa Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">235,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Santa Ana Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">18,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">San Diego Federal Building</td> <td style="text-align:right; vertical-align:bottom">225,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Calexico Border Station</td> <td style="text-align:right; vertical-align:bottom">88,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Connecticut:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">New Haven Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">877,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Delaware:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Wilmington Court House, Customs Court, and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">151,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">District of Columbia:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">South Portal Site Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">10,631,300</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">James Forrestal Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">170,700</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Department of Labor Building</td> <td style="text-align:right; vertical-align:bottom">11,083,600</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">J. E. Hoover Federal Bureau of Investigation Building</td> <td style="text-align:right; vertical-align:bottom">514,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Florida:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Orlando Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">99,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Tampa Motor Pool</td> <td style="text-align:right; vertical-align:bottom">15,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">West Palm Beach Post Office and Courthouse</td> <td style="text-align:right; vertical-align:bottom">31,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Georgia:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Atlanta, Richard B. Russell Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">700,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Augusta Post Office and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">99,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Griffin Post Office and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">176,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Rome Post Office and Courthouse</td> <td style="text-align:right; vertical-align:bottom">106,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Waycross Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">19,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Hawaii:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Honolulu Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">115,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Idaho:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Sandpoint Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">16,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Illinois:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Chicago Federal Supply Center and Parking Facility</td> <td style="text-align:right; vertical-align:bottom">312,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Chicago Federal Archives and Records Center</td> <td style="text-align:right; vertical-align:bottom">15,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Chicago Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">1,194,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Alton Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">50,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Carbondale Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">261,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Indiana:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Indianapolis Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">15,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Indianapolis Post Office and Courthouse</td> <td style="text-align:right; vertical-align:bottom">10,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Iowa:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Iowa City Post Office and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">12,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Kansas:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Topeka Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">662,500</td> </tr> </tbody> </table> <page identifier="/us/stat/88/624">88 <inline class="smallCaps">Stat.</inline> 624</page> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="text-align:left; vertical-align:bottom">Kentucky:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Covington, Internal Revenue Service Center</td> <td style="text-align:right; vertical-align:bottom">79,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Frankfort Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">67,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Louisville Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">53,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Louisiana:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Houma, A. J. Ellender Post Office and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">160,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">New Orleans Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">30,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Maryland:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Baltimore, E. A. Garmatz Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">22,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Massachusetts:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">New Bedford, Hastings Keith Federal Building</td> <td style="text-align:right; vertical-align:bottom">204,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Michigan:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Ann Arbor, Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">322,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Detroit, Patrick V. McNamara Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">49,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Grand Rapids, Courthouse and Federal Building</td> <td style="text-align:right; vertical-align:bottom">57,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Saginaw, Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">448,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Mississippi:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Aberdeen, Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">54,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Hattiesburg, Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">69,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Oxford, Courthouse, Post Office, and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">82,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Nebraska:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Lincoln, Courthouse, Federal Office Building, and Park Facility</td> <td style="text-align:right; vertical-align:bottom">67,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">New Hampshire:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Manchester Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">456,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">New Mexico:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Gallup Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">137,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">New York:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Buffalo Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">950,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Champlain Border Station</td> <td style="text-align:right; vertical-align:bottom">262,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Hyde Park, F. D. Roosevelt Library Extension</td> <td style="text-align:right; vertical-align:bottom">65,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">New York, Customs Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">113,500</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Rochester, Customs Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">70,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">New York, Foley Square Courthouse Annex</td> <td style="text-align:right; vertical-align:bottom">757,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">North Carolina:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Winston-Salem, Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">889,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Ohio:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Akron, Courthouse, Federal Office Building and Parking Facility</td> <td style="text-align:right; vertical-align:bottom">43,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Akron, Post Office</td> <td style="text-align:right; vertical-align:bottom">13,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Columbia, Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">861,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Dayton, Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">42,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Mansfield Post Office and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">348,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Oklahoma:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Oklahoma City, Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">603,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Oregon:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Eugene, Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">30,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Portland, Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">12,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Pennsylvania:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Philadelphia, J. A. Byrne Courthouse and W. J. Greene, Jr., Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">10,624,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Williamsport, Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">335,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Puerto Rico:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">San Juan, Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">25,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Rhode Island:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Providence, Post Office and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">38,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">South Carolina:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Columbia, Courthouse, Federal Office Building, Parking Facility and Vehicle Maintenance Facility</td> <td style="text-align:right; vertical-align:bottom">955,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Florence, John L. McMillan Federal Building and Courthouse</td> <td style="text-align:right; vertical-align:bottom">327,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">South Dakota:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Huron, Post Office and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">470,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Rapid City, Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">31,000</td> </tr> </tbody> </table> <page identifier="/us/stat/88/625">88 <inline class="smallCaps">Stat.</inline> 625</page> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="text-align:left; vertical-align:bottom">Tennessee:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Nashville, Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">130,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Texas:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Dallas, Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">31,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">McAllen, Border Patrol Sector Headquarters</td> <td style="text-align:right; vertical-align:bottom">22,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Marfa, Border Patrol Headquarters</td> <td style="text-align:right; vertical-align:bottom">136,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Midland, Post Office, Courthouse, and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">135,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">San Antonio, Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">594,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">San Antonio, Post Office</td> <td style="text-align:right; vertical-align:bottom">73,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Vermont:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Norton, Border Station</td> <td style="text-align:right; vertical-align:bottom">10,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Brattleboro, Post Office, Court House, and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">10,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Virginia:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Quantico, Federal Bureau of Investigation Academy</td> <td style="text-align:right; vertical-align:bottom">555,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Roanoke, R. H. Poff Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">37,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Virgin Islands:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Charlotte Amalie, Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">45,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Washington:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Blaine, Peace Arch Border Station</td> <td style="text-align:right; vertical-align:bottom">3,081,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Seattle, Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">2,503,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Seattle, Federal Center South</td> <td style="text-align:right; vertical-align:bottom">2,878,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">West Virginia:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Morgantown, Post Office and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">200,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Elkins, Post Office, Courthouse, and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">454,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Wisconsin:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Madison, Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">680,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom text-indent:1em;" leaders="yes">Total</td> <td style="text-align:right; vertical-align:bottom; border-top:1px solid black">69,995,700</td> </tr> </tbody> </table> <p class="indent0 firstIndent0 fontsize10"><proviso><i>Provided</i>, That the immediately foregoing limits of cost may be exceeded to the extent that they apply to construction projects previously included in the appropriation, Construction, Public Buildings Projects, to the extent that savings are affected in other such projects, but by not to exceed 10 per centum of the amounts previously appropriated for such projects under such appropriation; (b) not to exceed $700,000 for repair and improvement of public buildings; (c) not to exceed $5,245,000 for additional court facilities; (d) not to exceed $16,149,000 for construction services of on-going construction projects; and (e) $9,500,000 for the completion of buildings management projects, including charges for work for other agencies begun in prior years but not yet completed and $2,571,000 to be deposited in the Treasury as miscellaneous receipts:</proviso> <proviso><i>Provided further</i>, That for the purposes of this authorization, buildings constructed pursuant to the Public Buildings Purchase Contract Act of 1954 (40 U.S.C. 356), the Public Buildings Amendments of 1972 (40 U.S.C. 490) and buildings under the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/stat/86/216">86 Stat. 216.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s603">40 USC 603</ref> note.</p></sidenote> control of another department or agency where alterations of such buildings are required in connection with the moving of such other department or agency from buildings then, or thereafter to be, under the control of General Services Administration shall be considered to be federally owned buildings:</proviso> <proviso><i>Provided further</i>, That amounts necessary to provide reimbursable special services to other agencies under Section 210(f)(6) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)(6)) and amounts to provide such reimbursable fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be appropriate to enable the United States Secret <page identifier="/us/stat/88/626">88 <inline class="smallCaps">Stat.</inline> 626</page> Service to perform its protective functions pursuant to 18 U.S.C. 3056, as amended, shall be available from such revenues and collections: </proviso><proviso><i>Provided further</i>, That any revenues and collections and any other sums accruing to this Fund, excluding reimbursements under section 210(f)(6) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)(6)), in excess of $1,088,870,700 shall be deposited in miscellaneous receipts of the Treasury of the United States.</proviso></p></content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">federal supply service</inline></heading> <heading><inline class="smallCaps">operating expenses</inline></heading> <content>For expenses, not otherwise provided, necessary for supply distribution (including contractual services incident to receiving, handling and shipping supply items), procurement, inspection, standardization, and supply management activities as authorized by law, transportation, public utilities, the utilization of excess property, the disposal of surplus property, the rehabilitation of personal property, the national stockpile established by the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98–98h), the supplemental stockpile established by section 104(b) of the Agricultural Trade Development and Assistance Act of 1954 (68 Stat. 456, as amended by 73 Stat. 607), and the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t7/s1704">7 USC 1704.</ref></p></sidenote> inventory maintained under the Defense Production Act of 1950, as amended (50 U.S.C. 2061–2166), including services as authorized by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t50/s2061–2166">50 USC app. 2061–2166.</ref></p></sidenote> 5 U.S.C. 3109, $165,500,000: <proviso><i>Provided</i>, That during the current fiscal year the General Services Administration is authorized to acquire leasehold interests in property, for periods not in excess of twenty years, for the storage, security, and maintenance of strategic, critical, and other materials in the national and supplemental stockpiles, provided said leasehold interests are at nominal cost to the Government:</proviso> <proviso><i>Provided further</i>, That during the current fiscal year there shall be no limitation on the value of surplus strategic and critical materials which, in accordance with section 6 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98e), may be transferred without reimbursement to the national stockpile:</proviso> <proviso><i>Provided further</i>, That during the current fiscal year materials in the inventory maintained under the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061–2166), and excess materials in the national stockpile and supplemental stockpile, the disposition of which is authorized by law, shall be available, without reimbursement, for transfer at fair market value to contractors as payment for expenses (including transportation and other accessorial expenses) of acquisition of materials, or of refining, processing, or otherwise beneficiating materials, or of rotating materials, pursuant to section 3 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b), and of processing and refining materials pursuant to section 303(d) of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2093(d)).</proviso></content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">national archives and records service</inline></heading> <heading><inline class="smallCaps">operating expenses</inline></heading> <content>For necessary expenses in connection with Federal records managements and related activities, as provided by law, including reimbursement for security guard services, contractual services incident to movement or disposal of records, and acceptance and utilization of voluntary and uncompensated services, $50,500,000, of which $2,000,000 for allocations and grants for historical publications as authorized by 44 U.S.C. 2504, as amended, shall remain available until expended.</content> </appropriations> <page identifier="/us/stat/88/627">88 <inline class="smallCaps">Stat.</inline> 627</page> <appropriations level="small"><heading><inline class="smallCaps">records declassification</inline></heading> <content>For expenses necessary for the review and declassification of documents, and related records management activities, pursuant to Executive Order 11652, directives issued pursuant thereto, and other <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t50/s401">50 USC 401</ref> note.</p></sidenote> applicable authorities, including expenses not otherwise provided for, and acceptance and utilization of voluntary and uncompensated services, $1,305,000.</content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">automated data and telecommunications service</inline></heading> <heading><inline class="smallCaps">operating expenses</inline></heading> <content>For expenses, not otherwise provided, necessary for carrying out Government-wide responsibilities relating to automated data management, telecommunications and related activities, as authorized by law, including services as authorized by 5 U.S.C. 3109, $7,000,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Preparedness Activities</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">office of preparedness</inline></heading> <heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For expenses necessary for emergency preparedness functions and the disposal of excess materials in the national stockpile established by the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98–98h), the supplemental stockpile established by section 104(b) of the Agricultural Trade Development and Assistance Act of 1954 (68 Stat. 456, as amended by 73 Stat. 607), and the inventory maintained <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t7/s1704">7 USC 1704.</ref></p></sidenote> under the Defense Production Act of 1950, as amended (50 U.S.C. 2061–2166), including services as authorized by 5 U.S.C. 3109 and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t50/s2061–2166">50 USC app. 2061–2166.</ref></p></sidenote> expenses of attendance of cooperating officials and individuals at meetings concerned with the work of emergency planning, $7,650,000.</content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">defense mobilization functions of federal agencies</inline></heading> <content>For expenses necessary to assist other Federal agencies to perform civil defense mobilization functions, including payments by the Department of Labor to State employment security agencies for the full cost of administration of defense manpower mobilization activities, $1,500,000.</content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">general management and agency operations</inline></heading> <heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For expenses of general management and agency operations of activities under the control of the General Services Administration, $10,650,000: <proviso><i>Provided</i>, That not to exceed $2,500 shall be available for reception and representation expenses.</proviso></content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">federal management policy</inline></heading> <heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For expenses, not otherwise provided, necessary for Government-wide policy functions in the areas of financial management, procurement management, property management, automatic data processing management, and management systems development, pursuant to Executive Order 11717, dated May 9, 1973, $1,730,000.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s16">31 USC 16</ref> note.</p></sidenote></content> </appropriations> <page identifier="/us/stat/88/628">88 <inline class="smallCaps">Stat.</inline> 628</page> <appropriations level="small"><heading><inline class="smallCaps">indian tribal claims</inline></heading> <content>For expenses necessary to provide accounting records management, and other support incident to adjudication of Indian Tribal claims by the Indian Claims Commission, $2,523,000.</content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">allowances and office staff for former presidents</inline></heading> <content>For carrying out the provisions of the Act of August 25, 1958, as amended (3 U.S.C. 102 note), $60,000: <proviso><i>Provided</i>, That the Administrator of General Services shall transfer to the Secretary of the Treasury such sums as may be necessary to carry out the provision of sections (a) and (e) of such Act.</proviso></content> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">administrative and staff support services</inline></heading> <heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For administrative expenses necessary in providing general administrative and staff support services within the General Services Administration, not otherwise provided for, $47,978,000: <proviso><i>Provided</i>, That this appropriation shall be available, subject to reimbursement by the applicable agency, for services performed for other agencies pursuant to section 601 of the Economy Act of 1932, as amended (31 U.S.C. 686).</proviso></content> </appropriations> </appropriations> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">General Provisions—General Services Administration</inline></heading> <num value="1"><inline class="smallCaps">Sec.</inline> 1.</num> <content>The appropriate appropriation or fund available to the General Services Administration shall be credited with (1) cost of operation, protection, maintenance, upkeep, repair, and improvement, included as part of rentals received from Government corporations pursuant to law (40 U.S.C. 129); and (2) appropriations or funds available to other agencies, and transferred to the General Services Administration, in connection with property transferred to the General Services Administration pursuant to the Act of July 2, 1948 (50 U.S.C. 451ff), and such appropriations or funds may be so transferred, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t50/s451">50 USC 451</ref> and note.</p></sidenote> with the approval of the Office of Management and Budget.</content> </section> <section class="firstIndent1 fontsize10"><num value="2"><inline class="smallCaps">Sec.</inline> 2.</num> <content>Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.</content> </section> <section class="firstIndent1 fontsize10"><num value="3"><inline class="smallCaps">Sec.</inline> 3.</num> <content>None of the funds available under this Act or under section 111 of the Federal Property and Administrative Services Act of 1949 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s759">40 USC 759.</ref></p></sidenote> shall be obligated or expended for the procurement by purchase, lease or any other arrangement, in whole or in part, of any or all the automatic data processing system, data communications network, or related software and services for the joint General Services Administration-Department of Agriculture MCS project 97–72 contained in the Request for Proposal CDPA 74–14, any successor to such project, or any other common user shared facilities authorized under section 111 of the Federal Property and Administrative Services Act of 1949.</content> </section> <section class="firstIndent1 fontsize10"><num value="4"><inline class="smallCaps">Sec.</inline> 4.</num> <content>Not to exceed 2 per centum of any appropriations made available to the General Services Administration, excluding the Federal Buildings Fund, for the current fiscal year by this Act may be transferred to any other such appropriation, but no such appropriation shall be increased thereby more than 2 per centum: <proviso><i>Provided</i>, That such transfers shall apply only to operating expenses, and shall not exceed in the aggregate the amount of $2,000,000.</proviso></content> </section> <page identifier="/us/stat/88/629">88 <inline class="smallCaps">Stat.</inline> 629</page> <appropriations level="intermediate"><heading><inline class="smallCaps">United States Tax Court</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses, including contract stenographic reporting, and other services as authorized by 5 U.S.C. 3109, $6,285,000: <proviso><i>Provided</i>, That travel expenses of the judges shall be paid upon the written <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s7443">26 USC 7443</ref> note.</p></sidenote> certificate of the judge.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Department of Defense</inline></heading> <heading><inline class="smallCaps">Defense Civil Preparedness Agency</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">operation and maintenance</inline></heading> <content>For expenses, not otherwise provided for, necessary for carrying out civil defense activities, including the hire of motor vehicles; and financial contributions to the States for civil defense purposes, as authorized by law; $63,400,000: <proviso><i>Provided</i>, That not to exceed $28,600,000 shall be available for allocation under section 205 of the Federal Civil Defense Act of 1950, as amended.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t50/s2286">50 USC app. 2286.</ref></p></sidenote></proviso></content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">research, shelter survey, and marking</inline></heading> <content>For expenses, not otherwise provided for, necessary for studies and research to develop measures and plans for civil defense; continuing shelter surveys, marking, and equipping surveyed spaces; and financial contributions to the States under section 201(i) of the Federal Civil Defense Act, which shall be equally matched, for emergency operating <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t50/s2281">50 USC app. 2281.</ref></p></sidenote> centers and civil defense equipment; $18,600,000.</content> </appropriations> </appropriations> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">general provisions—civil defense</inline></heading> <num value="1"><inline class="smallCaps">Sec.</inline> 1.</num> <content>Appropriations contained in this Act for carrying out civil defense activities shall not be available in excess of the limitations on appropriations contained in section 408 of the Federal Civil Defense Act, as amended (50 U.S.C. App. 2260).</content> </section> <section class="firstIndent1 fontsize10"><num value="2"><inline class="smallCaps">Sec.</inline> 2.</num> <content><p>No part of any appropriation in this Act shall be available for the construction of warehouses or for the lease of warehouse space in any building which is to be constructed specifically for civil defense activities.</p> <p class="firstIndent1 fontsize10">This title may be cited as the “<shortTitle role="title">Independent Agencies Appropriations <sidenote><p class="indent0 firstIndent1 fontsize8">Citation of title.</p></sidenote> Act, 1975</shortTitle>”.</p></content> </section> <num value="V">TITLE V—</num><heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">This Act</inline></heading> <num value="501"><inline class="smallCaps">Sec.</inline> 501.</num> <content>Where appropriations in this Act are expendable for travel expenses of employees and no specific limitation has been placed thereon, the expenditures for such travel expenses may not exceed the amounts set forth therefor in the budget estimates submitted for the appropriations: <proviso><i>Provided</i>, That this section shall not apply to travel performed by uncompensated officials of local boards and appeal boards of the Selective Service System; to travel performed directly in connection with care and treatment of medical beneficiaries of the Veterans Administration; or to payments to interagency motor pools where separately set forth in the budget schedules.</proviso></content> </section> <page identifier="/us/stat/88/630">88 <inline class="smallCaps">Stat.</inline> 630</page> <section class="firstIndent1 fontsize10"><num value="502"><inline class="smallCaps">Sec.</inline> 502.</num> <content>No part of any appropriation contained in this or any other Act shall <sidenote><p class="indent0 firstIndent1 fontsize8">Employees, military leave, position restoration.</p></sidenote> be available to pay the salary of any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his period of active military or naval service and has within ninety days after his release from such service or from hospitalization continuing after discharge for a period of not more than one year made application for restoration to his former position and has been certified by the Civil Service Commission as still qualified to perform the duties of his former position and has not been restored thereto.</content> </section> <section class="firstIndent1 fontsize10"> <num value="503"><inline class="smallCaps">Sec.</inline> 503.</num> <content>No part of any appropriation made available in this Act <sidenote><p class="indent0 firstIndent1 fontsize8">Offices outside D.C., limitation.</p></sidenote> shall be used for the purchase or sale of real estate or for the purpose of establishing new offices outside the District of Columbia: <proviso><i>Provided</i>, That this limitation shall not apply to programs which have been approved by the Congress and appropriations made therefor.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="504"><inline class="smallCaps">Sec.</inline> 504.</num> <content>No part of any appropriation contained in this Act shall <sidenote><p class="indent0 firstIndent1 fontsize8">Fiscal year limitation.</p></sidenote> remain available for obligation beyond the current fiscal year unless expressly so provided herein.</content> </section> <section class="firstIndent1 fontsize10"><num value="505"><inline class="smallCaps">Sec.</inline> 505.</num> <content>No part of any appropriation contained in this Act shall <sidenote><p class="indent0 firstIndent1 fontsize8">Foreign-made tools, procurement restriction.</p></sidenote> be available for the procurement of or for the payment of the salary of any person engaged in the procurement of any hand or measuring tool(s) not produced in the United States or its possessions except to the extent that the Administrator of General Services or his designee shall determine that a satisfactory quality and sufficient quantity of hand or measuring tools produced in the United States or its possessions cannot be procured as and when needed from sources in the United States and its possessions or except in accordance with procedures prescribed by section 6–104.4 (b) of Armed Services Procurement Regulation dated January 1, 1969, as such regulation existed on June 15, 1970. This section shall be applicable to all solicitations for bids opened after its enactment.</content> </section> <section class="firstIndent1 fontsize10"><num value="506"><inline class="smallCaps">Sec.</inline> 506.</num> <content>No part of any appropriation contained in this Act shall <sidenote><p class="indent0 firstIndent1 fontsize8">Space and service charges.</p></sidenote> be available for paying to the Administrator of the General Services Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210j of the Federal Property and Administrative Services Act of 1949, as amended, for space and services.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s490">40 USC 490.</ref></p></sidenote> </section> <section class="firstIndent1 fontsize10"><num value="507"><inline class="smallCaps">Sec.</inline> 507.</num> <content>None of the funds available under this Act shall be available <sidenote><p class="indent0 firstIndent1 fontsize8">Administrative expenses for purchase contracts.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s602a">40 USC 602a.</ref></p></sidenote> for administrative expenses in connection with the execution of purchase contracts pursuant to section 5 of the Public Buildings Amendments of 1972 (Public Law 92–313) in excess of the aggregate amount of $300,000,000 (based on approved prospectuses) during the fiscal year ending June 30, 1975.</content> </section> <num value="VI">TITLE VI—</num><heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">Departments, Agencies, and Corporations</inline></heading> <num value="601"><inline class="smallCaps">Sec.</inline> 601.</num> <content>Unless otherwise specifically provided the maximum <sidenote><p class="indent0 firstIndent1 fontsize8">Motor vehicle purchase.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s638c">31 USC 638c</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s638a">31 USC 638a.</ref></p></sidenote> amount allowable during the current fiscal year in accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810), for the purchase of any passenger motor vehicle (exclusive of buses and ambulances), is hereby fixed at $2,100 except station wagons for which the maximum shall be $2,400: <proviso><i>Provided</i>, That these limits may be exceeded by not <sidenote><p class="indent0 firstIndent1 fontsize8">Police-type vehicles.</p></sidenote> to exceed $900 for police-type vehicles.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="602"><inline class="smallCaps">Sec.</inline> 602.</num> <content>Unless otherwise specified and during the current fiscal <sidenote><p class="indent0 firstIndent1 fontsize8">Citizenship requirement for employees.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s699b">31 USC 699b.</ref></p></sidenote> year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the <page identifier="/us/stat/88/631">88 <inline class="smallCaps">Stat.</inline> 631</page> Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in continental United States unless such person (1) is a citizen of the United States, (2) is a person in the service of the United States on the date of enactment of this Act, who, being eligible for citizenship, has filed a declaration of intention to become a citizen of the United States prior to such date and is actually residing in the United States, (3) is a person who owes allegiance to the United States, or (4) is an alien from Cuba, Poland, or the Baltic countries lawfully admitted to the United States for permanent residence: <proviso><i>Provided</i>, That, for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his status have been complied with:</proviso> <proviso><i>Provided further</i>, That any person making a <sidenote><p class="indent0 firstIndent1 fontsize8">Penalty.</p></sidenote> false affidavit shall be guilty of a felony, and, upon conviction, shall be fined not more than $4,000 or imprisoned for not more than one year, or both:</proviso> <proviso><i>Provided further</i>, That the above penal-clause shall be in addition to, and not in substitution for, any other provisions of existing law:</proviso> <proviso><i>Provided further</i>, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government.</proviso> This section shall not apply <sidenote><p class="indent0 firstIndent1 fontsize8">Exceptions.</p></sidenote> to citizens of the Republic of the Philippines or to nationals of those countries allied with the United States in the current defense effort, or to temporary employment of translators, or to temporary employment in the field service (not to exceed sixty days) as a result of emergencies.</content> </section> <section class="firstIndent1 fontsize10"><num value="603"><inline class="smallCaps">Sec.</inline> 603.</num> <content>Appropriations of the executive departments and independent <sidenote><p class="indent0 firstIndent1 fontsize8">Quarters allowances.</p></sidenote> establishments for the current fiscal year, available for expenses of travel or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922–5924.</content> </section> <section class="firstIndent1 fontsize10"><num value="604"><inline class="smallCaps">Sec.</inline> 604.</num> <content>No part of any appropriation for the current fiscal year <sidenote><p class="indent0 firstIndent1 fontsize8">Nominees not approved.</p></sidenote> contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person.</content> </section> <section class="firstIndent1 fontsize10"><num value="605"><inline class="smallCaps">Sec.</inline> 605.</num> <content>Funds made available by this or any other Act for administrative <sidenote><p class="indent0 firstIndent1 fontsize8">Administrative expense funds.</p></sidenote> expenses in the current fiscal year of the corporations and agencies subject to the Government Corporation Control Act, as amended (31 U.S.C. 841), shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia; services in accordance with 5 U.S.C. 3109; and the objects specified under this head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: <proviso><i>Provided</i>, That in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="606"><inline class="smallCaps">Sec.</inline> 606.</num> <content>Pursuant to section 1415 of the Act of July 15, 1952 (66 <sidenote><p class="indent0 firstIndent1 fontsize8">Foreign credits.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s724">31 USC 724.</ref></p></sidenote> Stat. 662), foreign credits (including currencies) owed to or owned by the United States may be used by Federal agencies for any purpose for which appropriations are made for the current fiscal year (including the carrying out of Acts requiring or authorizing the use of such credits), only when reimbursement therefor is made to the Treasury from applicable appropriations of the agency concerned: <proviso><i>Provided</i>, That such credits received as exchange allowances or proceeds of sales of personal property may be used in whole or part payment for acquisition of similar items, to the extent and in the manner authorized by law, without reimbursement to the Treasury.</proviso></content> </section> <page identifier="/us/stat/88/632">88 <inline class="smallCaps">Stat.</inline> 632</page> <section class="firstIndent1 fontsize10"><num value="607"><inline class="smallCaps">Sec.</inline> 607.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">No part of any appropriation contained in this or any <sidenote><p class="indent0 firstIndent1 fontsize8">Publicity or propaganda.</p></sidenote> other Act, or of the funds available for expenditure by any corporation or agency, shall be used for publicity or propaganda purposes designed to support or defeat legislation pending before Congress.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>No part of any appropriation contained in this Act shall be <sidenote><p class="indent0 firstIndent1 fontsize8">U.S. Postal Service employees, communication with Congress.</p></sidenote> available for the payment of the salary of any officer or employee of the United States Postal Service, who—</chapeau> <paragraph class="indent0 fontsize10"><num value="1">(1)</num> <content>prohibits or prevents, or attempts or threatens to prohibit or prevent, any officer or employee of the United States Postal Service from having any direct oral or written communication or contact with any Member or committee of Congress in connection with any matter pertaining to the employment of such officer or employee or pertaining to the United States Postal Service in any way, irrespective of whether such communication or contact is at the initiative of such officer or employee or in response to the request or inquiry of such Member or committee; or</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>removes, suspends from duty without pay, demotes, reduces in rank, seniority, status, pay, or performance or efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment right, entitlement, or benefit, or any term or condition of employment of, any officer or employee of the United States Postal Service, or attempts or threatens to commit any of the foregoing actions with respect to such officer or employee, by reason of any communication or contact of such officer or employee with any Member or committee of Congress as described in paragraph (1) of this subsection.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"><num value="608"><inline class="smallCaps">Sec.</inline> 608.</num> <content>No part of any appropriation contained in this or any <sidenote><p class="indent0 firstIndent1 fontsize8">Interdepartmental groups, expenses.</p></sidenote> other Act, shall be available to finance interdepartmental boards, commissions, councils, committees, or similar groups under section 214 of the Independent Offices Appropriations Act, 1946 (31 U.S.C. 691) which do not have prior and specific congressional approval of such method of financial support.</content> </section> <section class="firstIndent1 fontsize10"><num value="609"><inline class="smallCaps">Sec.</inline> 609.</num> <content>Appropriations available to any department or agency <sidenote><p class="indent0 firstIndent1 fontsize8">Space and service charges and building improvements.</p></sidenote> during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements, performed in accordance with the Public Buildings Act of 1959 (73 Stat. 749), the Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable law.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s601">40 USC 601</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s603">40 USC 603</ref> note.</p></sidenote> </section> <section class="firstIndent1 fontsize10"><num value="610"><inline class="smallCaps">Sec.</inline> 610.</num> <content>Funds made available by this or any other Act to the fund <sidenote><p class="indent0 firstIndent1 fontsize8">U.S. or Postal Service guards, funds.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s603">40 USC 603</ref> note.</p></sidenote> created by the Public Buildings Amendments of 1972 (86 Stat. 216), and the “Postal Service fund” (39 U.S.C. 2003), shall be available for employment of guards for all buildings and areas owned or occupied by the United States or the Postal Service and under the charge and control of the General Services Administration or the Postal Service, and such guards shall have, with respect to such property, the powers of special policemen provided by the first section of the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318), but shall not be restricted to certain Federal property as otherwise required by the proviso contained in said section, and, as to property owned or occupied by the Postal Service, the Postmaster General may take the same actions as the Administrator of General Services may take under the provisions of sections 2 and 3 of the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318a, 318b) attaching thereto penal consequences under the authority and within the limits provided in section 4 of the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318c).</content> </section> <page identifier="/us/stat/88/633">88 <inline class="smallCaps">Stat.</inline> 633</page> <section class="firstIndent1 fontsize10"><num value="611"><inline class="smallCaps">Sec.</inline> 611.</num> <content>None of the funds available <sidenote><p class="indent0 firstIndent1 fontsize8">U.S. Customs Service, transfers.</p></sidenote> under this Act shall be available for administrative expenses in connection with the transfer of any functions, personnel, facilities, equipment, or funds out of the United States Customs Service unless such transfers have been specifically authorized by the Congress.</content> </section> <section class="firstIndent1 fontsize10"><num value="612"><inline class="smallCaps">Sec.</inline> 612.</num> <content><p>None of the funds available under this Act shall be available <sidenote><p class="indent0 firstIndent1 fontsize8">Bureau of Customs activities.</p></sidenote> for administrative expenses for the purpose of transferring the border control activities of the Bureau of Customs to any other agency of the Federal Government.</p> <p class="firstIndent1 fontsize10">This Act may be cited as the “<shortTitle role="act">Treasury, Postal Service, and General <sidenote><p class="indent0 firstIndent1 fontsize8">Short title.</p></sidenote> Government Appropriation Act, 1975</shortTitle>”.</p></content></section>
Approved August 21, 1974.
Public Law 93–382: Designating August 26, 1974, as “Women’s Equality Day” Public Law 382 Public Law 93–382 1974-08-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–382
JOINT RESOLUTION Designating August 26, 1974, as “Women’s Equality Day”

August 22, 1974

[H. J. Res. 1105]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That August 26, 1974, is

Women’s Equality Day.

Designation authorization.

 designated as “Women’s Equality Day”, and the President is authorized and requested to issue a proclamation in commemoration of that day in 1920 on which the women of America were first guaranteed the right to vote.
Approved August 22, 1974.
Public Law 93–383: To establish a program of community development block grants, to amend and extend laws relating to housing and urban development, and for other purposes. Public Law 383 Public Law 93–383 1974-08-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–383
AN ACT To establish a program of community development block grants, to amend and extend laws relating to housing and urban development, and for other purposes.

August 22, 1974

[S. 3066]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Housing and Community Development Act of 1974.

42 USC 5301 note.

 be cited as the “Housing and Community Development Act of 1974”.
<num value="I">TITLE I—</num><heading class="inline">COMMUNITY DEVELOPMENT</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">findings and purpose</inline></heading> <num value="101"><inline class="smallCaps">Sec.</inline> 101.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Congress finds and declares that the Nation’s <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5301">42 USC 5301.</ref></p></sidenote> cities, towns, and smaller urban communities face critical social, economic, and environmental problems arising in significant measure from—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the growth of population in metropolitan and other urban areas, and the concentration of persons of lower income in central cities; and</content></paragraph> <page identifier="/us/stat/88/634">88 <inline class="smallCaps">Stat.</inline> 634</page> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>inadequate public and private investment and reinvestment in housing and other physical facilities, and related public and social services, resulting in the growth and persistence of urban slums and blight and the marked deterioration of the quality of the urban environment.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>The Congress further finds and declares that the future welfare of the Nation and the well-being of its citizens depend on the establishment and maintenance of viable urban communities as social, economic, and political entities, and require—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>systematic and sustained action by Federal, State, and local governments to eliminate blight, to conserve and renew older urban areas, to improve the living environment of low- and moderate-income families, and to develop new centers of population growth and economic activity;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>substantial expansion of and greater continuity in the scope and level of Federal assistance, together with increased private investment in support of community development activities; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>continuing effort at all levels of government to streamline programs and improve the functioning of agencies responsible for planning, implementing, and evaluating community development efforts.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>The primary objective of this title is the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income. Consistent with this primary objective, the Federal assistance provided in this title is for the support of community development activities which are directed toward the following specific objectives—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the elimination of slums and blight and the prevention of blighting influences and the deterioration of property and neighborhood and community facilities of importance to the welfare of the community, principally persons of low and moderate income;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the elimination of conditions which are detrimental to health, safety, and public welfare, through code enforcement, demolition, interim rehabilitation assistance, and related activities;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>the conservation and expansion of the Nation’s housing stock in order to provide a decent home and a suitable living environment for all persons, but principally those of low and moderate income;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>the expansion and improvement of the quantity and quality of community services, principally for persons of low and moderate income, which are essential for sound community development and for the development of viable urban communities;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>a more rational utilization of land and other natural resources and the better arrangement of residential, commercial, industrial, recreational, and other needed activity centers;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>the reduction of the isolation of income groups within communities and geographical areas and the promotion of an <page identifier="/us/stat/88/635">88 <inline class="smallCaps">Stat.</inline> 635</page> increase in the diversity and vitality of neighborhoods through the spatial deconcentration of housing opportunities for persons of lower income and the revitalization of deteriorating or deteriorated neighborhoods to attract persons of higher income; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>the restoration and preservation of properties of special value for historic, architectural, or esthetic reasons.</content></paragraph> <continuation class="indent0 fontsize10">It is the intent of Congress that the Federal assistance made available under this title not be utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of such assistance.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <chapeau>It is also the purpose of this title to further the development of a national urban growth policy by consolidating a number of complex and overlapping programs of financial assistance to communities of varying sizes and needs into a consistent system of Federal aid which—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>provides assistance on an annual basis, with maximum certainty and minimum delay, upon which communities can rely in their planning;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>encourages community development activities which are consistent with comprehensive local and areawide development planning;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>furthers achievement of the national housing goal of a decent home and a suitable living environment for every American family; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>fosters the undertaking of housing and community development activities in a coordinated and mutually supportive manner.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">definitions</inline></heading> <num value="102"><inline class="smallCaps">Sec.</inline> 102.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">As used in this title—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5302">42 USC 5302.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>The term “unit of general local government” means any city, county, town, township, parish, village, or other general purpose political subdivision of a State; Guam, the Virgin Islands, and American Samoa, or a general purpose political subdivision thereof; a combination of such political subdivisions recognized by the Secretary; the District of Columbia; the Trust Territory of the Pacific Islands; and Indian tribes, bands, groups, and nations, including Alaska Indians, Aleuts, and Eskimos, of the United States. Such term also includes a State or a local public body or agency (as defined in section 711 of the Housing and Urban Development Act of 1970), community association, or <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4512">42 USC 4512.</ref></p></sidenote> other entity, which is approved by the Secretary for the purpose of providing public facilities or services to a new community as part of a program meeting the eligibility standards of section 712 of the Housing and Urban Development Act of 1970 or title IV of the Housing and Urban Development Act of 1968.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4513">42 USC 4513.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3901">42 USC 3901.</ref></p></sidenote></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>The term “State” means any State of the United States, or any instrumentality thereof approved by the Governor; and the Commonwealth of Puerto Rico.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>The term “metropolitan area” means a standard metropolitan statistical area as established by the Office of Management and Budget.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>The term “metropolitan city” means (A) a city within a metropolitan area which is the central city of such area, as defined <page identifier="/us/stat/88/636">88 <inline class="smallCaps">Stat.</inline> 636</page> and used by the Office of Management and Budget, or (B) any other city, within a metropolitan area, which has a population of fifty thousand or more.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>The term “city” means (A) any unit of general local government which is classified as a municipality by the United States Bureau of the Census or (B) any other unit of general local government which is a town or township and which, in the determination of the Secretary, (i) possesses powers and performs functions comparable to those associated with municipalities, (ii) is closely settled, and (iii) contains within its boundaries no incorporated places as defined by the United States Bureau of the Census.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>The term “urban county” means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, if any, which are not units of general local government, and (B) has a combined population of two hundred thousand or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of general local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>The term “population” means total resident population based on data compiled by the United States Bureau of the Census and referable to the same point or period in time.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <content>The term “extent of poverty” means the number of persons whose incomes are below the poverty level. Poverty levels shall be determined by the Secretary pursuant to criteria provided by the Office of Management and Budget, taking into account and making adjustments, if feasible and appropriate and in the sole discretion of the Secretary, for regional or area variations in income and cost of living, and shall be based on data referable to the same point or period in time.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">(9)</num> <content>The term “extent of housing overcrowding” means the number of housing units with 1.01 or more persons per room based on data compiled by the United States Bureau of the Census and referable to the same point or period in time.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="10">(10)</num> <content>The term “Federal grant-in-aid program” means a program of Federal financial assistance other than loans and other than the assistance provided by this title.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="11">(11)</num> <content>The term “program period” means the period beginning January 1, 1975, and ending June 30, 1975, and the period covering each fiscal year thereafter.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="12">(12)</num> <content>The term “Community Development Program” means a program described in section 104(a)(2).</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="13">(13)</num> <content>The term “Secretary” means the Secretary of Housing and Urban Development.</content></paragraph></subsection> <page identifier="/us/stat/88/637">88 <inline class="smallCaps">Stat.</inline> 637</page> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Where appropriate, the definitions in subsection (a) shall be based, with respect to any fiscal year, on the most recent data compiled by the United States Bureau of the Census and the latest published reports of the Office of Management and Budget available ninety days prior to the beginning of such fiscal year. The Secretary may by regulation change or otherwise modify the meaning of the terms defined in subsection (a) in order to reflect any technical change or modification thereof made subsequent to such date by the United States Bureau of the Census or the Office of Management and Budget.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>One or more public agencies, including existing local public agencies, may be designated by the chief executive officer of a State or a unit of general local government to undertake a Community Development Program in whole or in part.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">authorization to make grants</inline></heading> <num value="103"><inline class="smallCaps">Sec.</inline> 103.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">The Secretary is authorized to make grants to <sidenote><p class="indent0 firstIndent1 fontsize8">Community Development Programs.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5303">42 USC 5303.</ref></p></sidenote> States and units of general local government to help finance Community Development Programs approved in accordance with the provisions of this title. The Secretary is authorized to incur obligations on behalf of the United States in the form of grant agreements or otherwise in amounts aggregating such sum, not to exceed $8,400,000,000, as may be approved in an appropriation Act. The amount so approved shall become available for obligation on January 1, 1975, and shall remain available until obligated. There are authorized to be appropriated for liquidation of the obligations incurred under this subsection not to exceed $2,500,000,000 prior to the close of the fiscal year 1975, which amount may be increased to not to exceed an aggregate of $5,450,000,000 prior to the close of the fiscal year 1976, and to not to exceed an aggregate of $8,400,000,000 prior to the close of the fiscal year 1977. Subject to the limitations contained in the preceding sentence, appropriations for—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>grants under title VII of the Housing Act of 1961;<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1500">42 USC 1500.</ref></p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>grants under sections 702 and 703 of the Housing and Urban Development Act of 1965; and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3102/s3103">42 USC 3102, 3103.</ref></p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>supplemental grants under title I of the Demonstration Cities and Metropolitan Development Act of 1966,<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3301">42 USC 3301.</ref></p></sidenote></content></subparagraph> <continuation class="indent0 fontsize10">may be used, to the extent not otherwise obligated prior to January 1, 1975, for the liquidation of contracts entered into pursuant to this section.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Of the amounts approved in appropriation Acts pursuant to paragraph (1), $50,000,000 for each of the fiscal years 1975 and 1976 shall be added to the amount available for allocation under section 106(d) and shall not be subject to the provisions of section 107.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>In addition to the amounts made available under subsection (a), and for the purpose of facilitating an orderly transition to the program authorized under this title, there are authorized to be appropriated not to exceed $50,000,000 for each of the fiscal years 1975 and 1976, and not to exceed $100,000,000 for the fiscal year 1977, for grants under this title to units of general local government having urgent community development needs which cannot be met through the operation of the allocation provisions of section 106.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Sums appropriated pursuant to this section shall remain available until expended.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>To assure program continuity and orderly planning, the Secretary shall submit to the Congress timely requests for additional authorizations for the fiscal years 1978 through 1980.</content></subsection> </section> <page identifier="/us/stat/88/638">88 <inline class="smallCaps">Stat.</inline> 638</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">application and review requirements</inline></heading> <num value="104"><inline class="smallCaps">Sec.</inline> 104.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">No grant may be made pursuant to section 106 unless <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5304">42 USC 5304.</ref></p></sidenote> an application shall have been submitted to the Secretary in which the applicant—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>sets forth a summary of a three-year community development plan which identifies community development needs, demonstrates a comprehensive strategy for meeting those needs, and specifies both short- and long-term community development objectives which have been developed in accordance with areawide development planning and national urban growth policies;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>formulates a program which (A) includes the activities to be undertaken to meet its community development needs and objectives, together with the estimated costs and general location of such activities, (B) indicates resources other than those provided under this title which are expected to be made available toward meeting its identified needs and objectives, and (C) takes into account appropriate environmental factors;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <chapeau>describes a program designed to—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>eliminate or prevent slums, blight, and deterioration where such conditions or needs exist; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>provide improved community facilities and public improvements, including the provision of supporting health, social, and similar services where necessary and appropriate;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <chapeau>submits a housing assistance plan which—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>accurately surveys the condition of the housing stock in the community and assesses the housing assistance needs of lower-income persons (including elderly and handicapped persons, large families, and persons displaced or to be displaced) residing in or expected to reside in the community,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>specifies a realistic annual goal for the number of dwelling units or persons to be assisted, including (i) the relative proportion of new, rehabilitated, and existing dwelling units, and (ii) the sizes and types of housing projects and assistance best suited to the needs of lower-income persons in the community, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>indicates the general locations of proposed housing for lower-income persons, with the objective of (i) furthering the revitalization of the community, including the restoration and rehabilitation of stable neighborhoods to the maximum extent possible, (ii) promoting greater choice of housing opportunities and avoiding undue concentrations of assisted persons in areas containing a high proportion of low-income persons, and (iii) assuring the availability of public facilities and services adequate to serve proposed housing projects;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>provides satisfactory assurances that the program will be conducted and administered in conformity with Public Law 88–352 and Public Law 90–284; and<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2000a">42 USC 2000a</ref> note.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>provides satisfactory assurances that, prior to submission <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t18/s245">18 USC 245.</ref></p></sidenote> of its application, it has (A) provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken, and other important program requirements, (B) held public hearings to obtain the views of citizens on community development and housing needs, and (C) provided citizens an adequate opportunity to participate in the development of the application; but no part of this paragraph shall be construed to restrict the responsibility and author-<page identifier="/us/stat/88/639">88 <inline class="smallCaps">Stat.</inline> 639</page>ity of the applicant for the development of the application and the execution of its Community Development Program.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Not more than 10 per centum of the estimated costs referred to in subsection (a)(2) which are to be incurred during any contract period may be designated for unspecified local option activities which are eligible for assistance under section 105(a) or for a contingency account for activities designated by the applicant pursuant to subsection (a)(2).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Any grant under this title shall be made only on condition that the applicant certify to the satisfaction of the Secretary that its Community Development Program has been developed so as to give maximum feasible priority to activities which will benefit low- or moderate-income families or aid in the prevention or elimination of slums or blight. The Secretary may also approve an application describing activities which the applicant certifies and the Secretary determines are designed to meet other community development needs having a particular urgency as specifically described in the application.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The Secretary may waive all or part of the requirements contained <sidenote><p class="indent0 firstIndent1 fontsize8">Waiver.</p></sidenote> in paragraphs (1), (2), and (3) of subsection (a) if (A) the application for assistance is in behalf of a locality having a population of less than 25,000 according to the most recent data compiled by the Bureau of the Census which is located either (i) outside a standard metropolitan statistical area, or (ii) inside such an area but outside an “urbanized area” as defined by the Bureau of the Census (or as such <sidenote><p class="indent0 firstIndent1 fontsize8">Urbanized area.</p></sidenote> definition is modified by the Secretary for purposes of this title), (B) the application relates to the first community development activity to be carried out by such locality with assistance under this title, (C) the assistance requested is for a single development activity under this title of a type eligible for assistance under title VII of the Housing <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1500">42 USC 1500.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3101">42 USC 3101.</ref></p></sidenote> Act of 1961 or title VII of the Housing and Urban Development Act of 1965, and (D) the Secretary determines that, having regard to the nature of the activity to be carried out, such waiver is not inconsistent with the purposes of this title.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>The Secretary may accept a certification from the applicant that it has complied with the requirements of paragraphs (5) and (6) of subsection (a).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>The Secretary shall approve an application for an amount which does not exceed the amount determined in accordance with section 106(a) unless—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>on the basis of significant facts and data, generally available and pertaining to community and housing needs and objectives, the Secretary determines that the applicant’s description of such needs and objectives is plainly inconsistent with such facts or data; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>on the basis of the application, the Secretary determines that the activities to be undertaken are plainly inappropriate to meeting the needs and objectives identified by the applicant pursuant to subsection (a); or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>the Secretary determines that the application does not comply with the requirements of this title or other applicable law or proposes activities which are ineligible under this title.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Prior to the beginning of fiscal year 1977 and each fiscal year <sidenote><p class="indent0 firstIndent1 fontsize8">Performance report, submittal to Secretary.</p></sidenote> thereafter, each grantee shall submit to the Secretary a performance report concerning the activities carried out pursuant to this title, together with an assessment by the grantee of the relationship of those activities to the objectives of this title and the needs and objectives identified in the grantee’s statement submitted pursuant to subsection (a). The Secretary shall, at least on an annual basis, make such <sidenote><p class="indent0 firstIndent1 fontsize8">Audits and reviews.</p></sidenote> reviews and audits as may be necessary or appropriate to determine <page identifier="/us/stat/88/640">88 <inline class="smallCaps">Stat.</inline> 640</page> whether the grantee has carried out a program substantially as described in its application, whether that program conformed to the requirements of this title and other applicable laws, and whether the applicant has a continuing capacity to carry out in a timely manner the approved Community Development Program. The Secretary may make appropriate adjustments in the amount of the annual grants in accordance with his findings pursuant to this subsection.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>No grant may be made under this title unless the application therefor has been submitted for review and comment to an areawide agency under procedures established by the President pursuant to title II of the Demonstration Cities and Metropolitan Development Act of 1966 and title IV of the Intergovernmental Cooperation Act <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3331">42 USC 3331.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4231">42 USC 4231.</ref></p></sidenote> of 1968.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>An application subject to subsection (c), if submitted after any <sidenote><p class="indent0 firstIndent1 fontsize8">Approval date.</p></sidenote> date established by the Secretary for consideration of applications, shall be deemed approved within 75 days after receipt unless the Secretary informs the applicant of specific reasons for disapproval. Subsequent to approval of the application, the amount of the grant may be adjusted in accordance with the provisions of this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>Insofar as they relate to funds provided under this title, the <sidenote><p class="indent0 firstIndent1 fontsize8">GAO audit.</p></sidenote> financial transactions of recipients of such funds may be audited by the General Accounting Office under such rules and regulations as may be prescribed by the Comptroller General of the United States. The representatives of the General Accounting Office shall have access to all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by such recipients pertaining to such financial transactions and necessary to facilitate the audit.</content></subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">In order to assure that the policies of the National <sidenote><p class="indent0 firstIndent1 fontsize8">Environmental protection.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4321">42 USC 4321</ref> note.</p></sidenote> Environmental Policy Act of 1969 are most effectively implemented in connection with the expenditure of funds under this title, and to assure to the public undiminished protection of the environment, the Secretary, in lieu of the environmental protection procedures otherwise applicable, may under regulations provide for the release of funds for particular projects to applicants who assume all of the responsibilities for environmental review, decisionmaking, and action pursuant to such Act that would apply to the Secretary were he to undertake such projects as Federal projects. The Secretary shall issue regulations to carry out this subsection only after consultation with the Council on Environmental Quality.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Secretary shall approve the release of funds for projects subject to the procedures authorized by this subsection only if, at least fifteen days prior to such approval and prior to any commitment of funds to such projects other than for purposes authorized by section 105(a)(12) or for environmental studies, the applicant has submitted to the Secretary a request for such release accompanied by a certification which meets the requirements of paragraph (3). The Secretary’s approval of any such certification shall be deemed to satisfy his responsibilities under the National Environmental Policy Act insofar as those responsibilities relate to the applications and releases of funds for projects to be carried out pursuant thereto which are covered by such certification.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <chapeau>A certification under the procedures authorized by this subsection shall—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>be in a form acceptable to the Secretary,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>be executed by the chief executive officer or other officer of the applicant qualified under regulations of the Secretary,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>specify that the applicant has fully carried out its responsibilities as described under paragraph (1) of this subsection, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>specify that the certifying officer (i) consents to assume <page identifier="/us/stat/88/641">88 <inline class="smallCaps">Stat.</inline> 641</page> the status of a responsible Federal official under the National Environmental Policy Act of 1969 insofar as the provisions of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4321">42 USC 4321</ref> note.</p></sidenote> such Act apply pursuant to paragraph (1) of this subsection, and (ii) is authorized and consents on behalf of the applicant and himself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his responsibilities as such an official.</content></subparagraph></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">community development program activities eligible for assistance</inline></heading> <num value="105"><inline class="smallCaps">Sec.</inline> 105.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">A Community Development Program assisted under <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5305">42 USC 5305.</ref></p></sidenote> this title may include only—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the acquisition of real property (including air rights, water rights, and other interests therein) which is (A) blighted, deteriorated, deteriorating; undeveloped, or inappropriately developed from the standpoint of sound community development and growth; (B) appropriate for rehabilitation or conservation activities; (C) appropriate for the preservation or restoration of historic sites, the beautification of urban land, the conservation of open spaces, natural resources, and scenic areas, the provision of recreational opportunities, or the guidance of urban development; (D) to be used for the provision of public works, facilities, and improvements eligible for assistance under this title; or (E) to be used for other public purposes;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the acquisition, construction, reconstruction, or installation of public works, facilities, and site or other improvements—including neighborhood facilities, senior centers, historic properties, utilities, streets, street lights, water and sewer facilities, foundations and platforms for air rights sites, pedestrian malls and walkways, and parks, playgrounds, and recreation facilities, flood and drainage facilities in cases where assistance for such facilities under other Federal laws or programs is determined to be unavailable, and parking facilities, solid waste disposal facilities, and fire protection services and facilities which are located in or which serve designated community development areas;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>code enforcement in deteriorated or deteriorating areas in which such enforcement, together with public improvements and services to be provided, may be expected to arrest the decline of the area;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>clearance, demolition, removal, and rehabilitation of buildings and improvements (including interim assistance and financing rehabilitation of privately owned properties when incidental to other activities);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>special projects directed to the removal of material and architectural barriers which restrict the mobility and accessibility of elderly and handicapped persons;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>payments to housing owners for losses of rental income incurred in holding for temporary periods housing units to be utilized for the relocation of individuals and families displaced by program activities under this title;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>disposition (through sale, lease, donation, or otherwise) of any real property acquired pursuant to this title or its retention for public purposes;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <content>provision of public services not otherwise available in areas where other activities assisted under this title are being carried out in a concentrated manner, if such services are determined to be necessary or appropriate to support such other activities and if assistance in providing or securing such services under other applicable Federal laws or programs has been applied for and <page identifier="/us/stat/88/642">88 <inline class="smallCaps">Stat.</inline> 642</page> denied or not made available within a reasonable period of time, and if such services are directed toward (A) improving the community’s public services and facilities, including those concerned with the employment, economic development, crime prevention, child care, health, drug abuse, education, welfare, or recreation needs of persons residing in such areas, and (B) coordinating public and private development programs;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">(9)</num> <content>payment of the non-Federal share required in connection with a Federal grant-in-aid program undertaken as part of the Community Development Program;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="10">(10)</num> <content>payment of the cost of completing a project funded under title I of the Housing Act of 1949;<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1441">42 USC 1441</ref> note.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="11">(11)</num> <content>relocation payments and assistance for individuals, families, businesses, organizations, and farm operations displaced by activities assisted under this title;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="12">(12)</num> <content>activities necessary (A) to develop a comprehensive community development plan, and (B) to develop a policy-planning-management capacity so that the recipient of assistance under this title may more rationally and effectively (i) determine its needs, (ii) set long-term goals and short-term objectives, (iii) devise programs and activities to meet these goals and objectives, (iv) evaluate the progress of such programs in accomplishing these goals and objectives, and (v) carry out management, coordination, and monitoring of activities necessary for effective planning implementation; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="13">(13)</num> <content>payment of reasonable administrative costs and carrying charges related to the planning and execution of community development and housing activities, including the provision of information and resources to residents of areas in which community development and housing activities are to be concentrated with respect to the planning and execution of such activities.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Upon the request of the recipient of a grant under this title, the Secretary may agree to perform administrative services on a reimbursable basis on behalf of such recipient in connection with loans or grants for the rehabilitation of properties as authorized under subsection (a)(4).</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">allocation and distribution of funds</inline></heading> <num value="106"><inline class="smallCaps">Sec.</inline> 106.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Of the amount approved in an appropriation Act under <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5306">42 USC 5306.</ref></p></sidenote> section 103(a) for grants in any year (excluding the amount provided for use in accordance with sections 103(a)(2) and 107), 80 per centum shall be allocated by the Secretary to metropolitan areas. Except as provided in subsections (c) and (e), each metropolitan city and urban county shall, subject to the provisions of section 104 and except as otherwise specifically authorized, be entitled to annual grants from such allocation in an aggregate amount not exceeding the greater of its basic amount computed pursuant to paragraph (2) or (3) of subsection (b) or its hold-harmless amount computed pursuant to subsection (g).</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">The Secretary shall determine the amount to be allocated to all metropolitan cities which shall be an amount that bears the same ratio to the allocation for all metropolitan areas as the average of the ratios between—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the population of all metropolitan cities and the population of all metropolitan areas;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the extent of poverty in all metropolitan cities and the extent of poverty in all metropolitan areas; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>the extent of housing overcrowding in all metropolitan cities and the extent of housing overcrowding in all metropolitan areas.</content></subparagraph></paragraph> <page identifier="/us/stat/88/643">88 <inline class="smallCaps">Stat.</inline> 643</page> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>From the amount allocated to all metropolitan cities the Secretary <sidenote><p class="indent0 firstIndent1 fontsize8">Basic grant amount.</p></sidenote> shall determine for each metropolitan city a basic grant amount which shall equal an amount that bears the same ratio to the allocation for all metropolitan cities as the average of the ratios between—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the population of that city and the population of all metropolitan cities;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the extent of poverty in that city and the extent of poverty in all metropolitan cities; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>the extent of housing overcrowding in that city and the extent of housing overcrowding in all metropolitan cities.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <chapeau>The Secretary shall determine the basic grant amount of each urban county by—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>calculating the total amount that would have been allocated to metropolitan cities and urban counties together under paragraph (1) of this subsection if data pertaining to the population, extent of poverty, and extent of housing overcrowding in all urban counties were included in the numerator of each of the fractions described in such paragraph; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <chapeau>determining for each county the amount which bears the same ratio to the total amount calculated under subparagraph (A) of this paragraph as the average of the ratios between—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the population of that urban county and the population of all metropolitan cities and urban counties;</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>the extent of poverty in that urban county and the extent of poverty in all metropolitan cities and urban counties; and</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>the extent of housing overcrowding in that urban county and the extent of housing overcrowding in all metropolitan cities and urban counties.</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>In determining the average of ratios under paragraphs (1), (2), and (3), the ratio involving the extent of poverty shall be counted twice.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>In computing amounts or exclusions under this section with respect to any urban county there shall be excluded units of general local government located in the county (A) which receive hold-harmless grants pursuant to subsection (h), or (B) the populations of which are not counted in determining the eligibility of the urban county to receive a grant under this subsection.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>During the first three years for which funds are approved for distribution to a metropolitan city or urban county under this section, the basic grant amount of such city or county as computed under subsection (b) shall be adjusted as provided in this subsection if the amount so computed for the first such year exceeds the city’s or county’s hold-harmless amount as determined under subsection (g). Such adjustment shall be made so that—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the amount for the first year does not exceed one-third of the full basic grant amount computed under subsection (b), or the hold-harmless amount, whichever is the greater,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the amount for the second year does not exceed two-thirds of the full basic grant amount computed under subsection (b), or the hold-harmless amount, or the amount allowed under paragraph (1) of this subsection, whichever is the greatest, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>the amount for the third year does not exceed the full basic grant amount computed under subsection (b).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <chapeau>Any portion of the amount allocated to metropolitan areas under the first sentence of subsection (a) which remains after the allocation of grants to metropolitan cities and urban counties in accordance with subsections (b) and (c) and any amounts added in <page identifier="/us/stat/88/644">88 <inline class="smallCaps">Stat.</inline> 644</page> accordance with the provisions of section 103(a)(2) shall be allocated by the Secretary—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>first, for grants to metropolitan cities, urban counties, and other units of general local government within metropolitan areas to meet their hold-harmless needs as determined under subsections (g) and (h); and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <chapeau>second, for grants to units of general local government (other than metropolitan cities and urban counties) and States for use in metropolitan areas, allocating for each such metropolitan area an amount which bears the same ratio to the allocation for all metropolitan areas available under this paragraph as the average of the ratios between—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the population of that metropolitan area and the population of all metropolitan areas,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the extent of poverty in that metropolitan area and the extent of poverty in all metropolitan areas, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>the extent of housing overcrowding in that metropolitan area and the extent of housing overcrowding in all metropolitan areas.</content></subparagraph></paragraph> <continuation class="indent0 fontsize10">In determining the average of ratios under paragraph (2), the ratio involving the extent of poverty shall be counted twice; and in computing amounts under such paragraph there shall be excluded any metropolitan cities, urban counties, and units of general local government which receive hold-harmless grants pursuant to subsection (h).</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>Any amounts allocated to a metropolitan city or urban county <sidenote><p class="indent0 firstIndent1 fontsize8">Reallocation.</p></sidenote> pursuant to the preceding provisions of this section which are not applied for during a program period or which are not approved by the Secretary, and any other amounts allocated to a metropolitan area which the Secretary determines, on the basis of the applications and other evidence available, are not likely to be fully obligated during such program period, shall be reallocated during the same period for use by States, metropolitan cities, urban counties, or units of general local government, first, in any metropolitan area in the same State, and second, in any other metropolitan area. The Secretary shall review determinations under this subsection from time to time as appropriate with a view of assuring maximum use of all available funds in the period for which such funds were appropriated.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">Of the amount approved in an appropriation Act under section 103(a) for grants in any year (excluding the amount provided for use in accordance with sections 103(a)(2) and 107), 20 per centum shall be allocated by the Secretary—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>first, for grants to units of general local government outside of metropolitan areas to meet their hold-harmless needs as determined under subsection (h); and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <chapeau>second, for grants to units of general local government outside of metropolitan areas and States for use outside of metropolitan areas, allocating for the nonmetropolitan areas of each State an amount which bears the same ratio to the allocation available under this subparagraph for the nonmetropolitan areas of all States as the average of the ratios between—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the population of the nonmetropolitan areas of that State and the population of the nonmetropolitan areas of all the States,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>the extent of poverty in the nonmetropolitan areas of that State and the extent of poverty in the nonmetropolitan areas of all the States, and</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>the extent of housing overcrowding in the nonmetropolitan areas of that State and the extent of housing overcrowding in the nonmetropolitan areas of all the States.</content></clause></subparagraph> <page identifier="/us/stat/88/645">88 <inline class="smallCaps">Stat.</inline> 645</page> <continuation class="indent0 fontsize10">In determining the average of ratios under subparagraph (B), the ratio involving the extent of poverty shall be counted twice; and in computing amounts under such subparagraph there shall be excluded units of general local government which receive hold-harmless grants pursuant to subsection (h).</continuation> </paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Any amounts allocated to a unit of general local government under paragraph (1) which are not applied for during a program period or which are not approved by the Secretary, and any amounts allocated to the nonmetropolitan areas of a State under paragraph (1)(B) which the Secretary determines, on the basis of applications and other evidence available, are not likely to be fully obligated during such period, shall be reallocated as soon as practicable during the same period to the nonmetropolitan areas of other States. The Secretary shall review determinations under this paragraph from time to time with a view to assuring maximum use of all available funds in the program period for which such funds were appropriated.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">The full hold-harmless amount of each metropolitan city <sidenote><p class="indent0 firstIndent1 fontsize8">Hold-harmless amount.</p></sidenote> or urban county shall be the sum of (i) the sum of the average during the five fiscal years ending prior to July 1, 1972, of (1) commitments for grants (as determined by the Secretary) pursuant to part A of title I of the Housing Act of 1949; (2) loans pursuant to section 312 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1450">42 USC 1450.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1452b">42 USC 1452b.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3102/s3103">42 USC 3102, 3103.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1491">42 USC 1491.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1500">42 USC 1500.</ref></p></sidenote> of the Housing Act of 1964; (3) grants pursuant to sections 702 and 703 of the Housing and Urban Development Act of 1965; (4) loans pursuant to title II of the Housing Amendments of 1955; and (5) grants pursuant to title VII of the Housing Act of 1961; and (ii) the average annual grant, as determined by the Secretary, made in accordance with part B of title I of the Housing Act of 1949 during <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1469">42 USC 1469.</ref></p></sidenote> the fiscal years ending prior to July 1, 1972, or during the fiscal year 1973 in the case of a metropolitan city or urban county which first received a grant under part B of such title in such fiscal year. In the case of a metropolitan city or urban county which has participated in the program authorized under section 105 of the Demonstration Cities and Metropolitan Development Act of 1966 and which has been <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3305">42 USC 3305.</ref></p></sidenote> funded or extended in the fiscal year 1973 for a period ending after June 30, 1973, determinations of the hold-harmless amount of such metropolitan city or urban county for the following specified years shall be made so as to include, in addition to the amounts specified in clauses (i) and (ii) of the preceding sentence, the following percentages of the average annual grant, as determined by the Secretary made in accordance with such section during fiscal years ending prior to July 1, 1972—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>100 per centum for each of a number of years which, when added to the number of funding years for which the city or county received grants under such section 105, equals five;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>80 per centum for the year immediately following year five as determined pursuant to clause (A);</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>60 per centum for the year immediately following the year provided for in clause (B); and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>40 per centum for the year immediately following the year provided for in clause (C).</content></subparagraph> <continuation class="indent0 fontsize10">For the purposes of this paragraph the average annual grant under part B of title I of the Housing Act of 1949 or under section 105 of the Demonstration Cities and Metropolitan Development Act of 1966 shall be established by dividing the total amount of grants made to a participant under the program by the number of months of program activity for which funds were authorized and multiplying the result by twelve.</continuation></paragraph> <page identifier="/us/stat/88/646">88 <inline class="smallCaps">Stat.</inline> 646</page> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>During the fiscal years 1975, 1976, and 1977, the hold-harmless amount of any metropolitan city or urban county shall be the full amount computed for the city or county in accordance with paragraph (1). In the fiscal years 1978, 1979, and 1980, if such amount is greater than the basic grant amount of the metropolitan city or urban county for that year, as computed under subsection (b)(2) or (3), it shall be reduced so that—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>in the fiscal year 1978, the excess of the hold-harmless amount over the basic grant amount shall equal two-thirds of the difference between the amount computed under paragraph (1) and the basic grant amount for such year,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>in the fiscal year 1979, the excess of the hold-harmless amount over the basic grant amount shall equal one-third of the difference between the amount computed under paragraph (1) and the basic grant amount for such year, and</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>in the fiscal year 1980, there shall be no excess of the hold-harmless amount over the basic grant amount.</content></clause></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Any unit of general local government which is not a metropolitan city or urban county shall, subject to the provisions of section 104 and except as otherwise specifically authorized, be entitled to grants under this title for any year in an aggregate amount at least equal to a hold-harmless amount as computed under the provisions of subsection (g)(1) if, during the five-fiscal-year period specified in the first sentence of subsection (g)(1) (or during the fiscal year 1973 in the case of a locality which first received a grant for a neighborhood development program in that year), one or more urban renewal projects, code enforcement programs, neighborhood development programs, or model cities programs were being carried out by such unit of general local government pursuant to commitments for assistance entered into during such period under title I of the Housing Act of 1949 or title I of the Demonstration Cities and Metropolitan Development <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1450">42 USC 1450.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3301">42 USC 3301.</ref></p></sidenote> Act of 1966.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>In the fiscal years 1978, 1979, and 1980, in determining the hold-harmless amount of units of general local government qualifying under this subsection, the second sentence of subsection (g)(2) shall be applied as though such units were metropolitan cities or urban counties with basic grant amounts of zero.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="i">(i)</num> <content>In excluding the population, poverty, and housing overcrowding data of units of general local government which receive a hold-harmless grant pursuant to subsection (h) from the computations described in subsections (b)(5), (d), and (f) of this section, the Secretary shall exclude only two-thirds of such data for the fiscal year 1978 and one-third of such data for the fiscal year 1979.</content></subsection> <subsection class="indent0 fontsize10"><num value="j">(j)</num> <content>Any unit of general local government eligible for a hold-harmless <sidenote><p class="indent0 firstIndent1 fontsize8">Waiver of eligibilty.</p></sidenote> grant pursuant to subsection (h) may, not later than thirty days prior to the beginning of any program period, irrevocably waive its eligibility under such subsection. In the case of such a waiver the unit of general local government shall not be excluded from the computations described in subsections (b)(5), (d) and (f) of this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="k">(k)</num> <content>The Secretary may fix such qualification or submission dates as he determines are necessary to permit the computations and determinations required by this section to be made in a timely manner, and all such computations and determinations shall be final and conclusive.</content></subsection> <subsection class="indent0 fontsize10"><num value="l">(l)</num> <content>Not later than March 31, 1977, the Secretary shall make a report <sidenote><p class="indent0 firstIndent1 fontsize8">Report to Congress.</p></sidenote> to the Congress setting forth such recommendations as he deems advisable, in furtherance of the purposes and policy of this title, for modifying or expanding the provisions of this section relating to the method of funding and the allocation of funds and the determination <page identifier="/us/stat/88/647">88 <inline class="smallCaps">Stat.</inline> 647</page> of the basic grant entitlement, and for the application of such provisions in the further distribution of funds under this title. In making <sidenote><p class="indent0 firstIndent1 fontsize8">Study.</p></sidenote> this report, the Secretary shall conduct a study to determine how funds authorized under this title can be distributed in accordance with community development needs, objectives, and capacities, measured to the maximum extent feasible by objective standards.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">discretionary fund</inline></heading> <num value="107"><inline class="smallCaps">Sec.</inline> 107.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Of the total amount of authority to enter into contracts <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5307">42 USC 5307.</ref></p></sidenote> approved in appropriation Acts under section 103(a)(1) for each of the fiscal years 1975, 1976, and 1977, an amount equal to 2 per centum thereof shall be reserved and set aside in a special discretionary fund for use by the Secretary in making grants (in addition to any other grants which may be made under this title to the same entities or for the same purposes)—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>in behalf of new communities assisted under title VII of the Housing and Urban Development Act of 1970 or title IV of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4501">42 USC 4501</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3901">42 USC 3901</ref> note.</p></sidenote> the Housing and Urban Development Act of 1968;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>to States and units of general local government which join in carrying out housing and community development programs that are areawide in scope;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>in Guam, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>to States and units of general local government for the purpose of demonstrating innovative community development projects;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>to States and units of general local government for the purpose of meeting emergency community development needs caused by federally recognized disasters; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>to States and units of general local government where the Secretary deems it necessary to correct inequities resulting from the allocation provisions of section 106.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Not more than one-fourth of the total amount reserved and set aside in the special discretionary fund under subsection (a) for each year may be used for grants to meet emergency disaster needs under subsection (a)(5).</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Amounts reserved and set aside in the special discretionary fund under subsection (a) in any fiscal year but not used in such year shall remain available for use in accordance with subsections (a) and (b) in subsequent fiscal years.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">guarantee of loans for acquisition of property</inline></heading> <num value="108"><inline class="smallCaps">Sec.</inline> 108.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary is authorized, upon such terms and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5308">42 USC 5308.</ref></p></sidenote> conditions as he may prescribe, to guarantee and make commitments to guarantee the notes or other obligations issued by units of general local government, or by public agencies designated by such units of general local government, for the purpose of financing the acquisition or assembly of real property (including such expenses related thereto as the Secretary may permit by regulation) to serve or be used in carrying out activities which are eligible for assistance under section 105 and are identified in the application under section 104, and with respect to which grants have been or are to be made under section 103, but no such guarantee shall be issued in behalf of any agency designed to benefit, in or by the flotation of any issue, a private individual or corporation.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>No guarantee or commitment to guarantee shall be made with <page identifier="/us/stat/88/648">88 <inline class="smallCaps">Stat.</inline> 648</page> respect to any unit of general local government or public agency designated by any such unit of general local government unless—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the Secretary, from sums approved in appropriation Acts and allocated for obligation to the unit of general local government pursuant to sections 106 and 107, shall have reserved and withheld, for the purpose of paying the guaranteed obligations (including interest), an amount which is at least equal to 110 per centum of the difference between the cost of acquiring the land and related expenses and the estimated proceeds to be derived from the sale or other disposition of the land, as determined or approved by the Secretary, which amount may subsequently be increased by the Secretary to the extent he determines such increase is necessary or appropriate because of any unanticipated, major reduction in such estimated disposition proceeds;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the unit of general local government shall have given to the Secretary, in a form acceptable to him, a pledge of its full faith and credit, or a pledge of revenues approved by the Secretary, for the repayment of so much of any amount required to be paid by the United States pursuant to any guarantee under this section as is equal to the difference between the principal amount of the guaranteed obligations and interest thereon and the amount which is to be reserved and withheld under paragraph (1); and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>the unit of general local government has pledged to the repayment of any amounts which are required to be paid by the United States pursuant to its guarantee under this section, and which are not otherwise fully repaid when due pursuant to paragraph (1) and (2), the proceeds of any grants for which such unit of general local government may become eligible under this title.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The full faith and credit of the United States is pledged to the payment of all guarantees made under this section. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the obligations for such guarantee with respect to principal and interest, and the validity of any such guarantee so made shall be incontestable in the hands of a holder of the guaranteed obligations.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>The Secretary may issue obligations to the Secretary of the Treasury in an amount outstanding at any one time sufficient to enable the Secretary to carry out his obligations under guarantees authorized by this section. The obligations issued under this subsection shall have such maturities and bear such rate or rates of interest as shall be determined by the Secretary of the Treasury. The Secretary of the Treasury is authorized and directed to purchase any obligations of the Secretary issued under this section, and for such purposes is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, as now or hereafter <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s774">31 USC 774.</ref></p></sidenote> in force, and the purposes for which such securities may be issued under such Act are extended to include the purchases of the Secretary’s obligations hereunder.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>Obligations guaranteed under this section may, at the option of the issuing unit of general local government or designated agency, be subject to Federal taxation as provided in subsection (g). In the event that taxable obligations are issued and guaranteed, the Secretary is authorized to make, and to contract to make, grants to or on behalf of the issuing unit of general local government or public agency to cover not to exceed 30 per centum of the net interest cost (including such servicing, underwriting, or other costs as may be specified in regulations of the Secretary) to the borrowing unit or agency of such obligations.</content></subsection> <page identifier="/us/stat/88/649">88 <inline class="smallCaps">Stat.</inline> 649</page> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>Section 3689 of the Revised Statutes, as amended (31 U.S.C. 711), is amended by adding at the end thereof a new paragraph as follows: <quotedContent> <paragraph class="indent0 fontsize10"><num value="22">“(22)</num> <content>For payments required from time to time under contracts entered into pursuant to section 108 of the Housing and Community Development Act of 1974 for payment of interest costs on obligations guaranteed by the Secretary of Housing and Urban Development under that section.”</content></paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>With respect to any obligation issued by a unit of general local <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5308">42 USC 5308.</ref></p></sidenote> government or designated agency which such unit or agency has elected to issue as a taxable obligation pursuant to subsection (e) of this section, the interest paid on such obligation shall be included in gross income for the purpose of chapter 1 of the Internal Revenue Code of 1954.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1">26 USC 1</ref> <i>et seq.</i></p></sidenote></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">nondiscrimination</inline></heading> <num value="109"><inline class="smallCaps">Sec.</inline> 109.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">No person in the United States shall on the ground <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5309">42 USC 5309.</ref></p></sidenote> of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content class="inline">Whenever the Secretary determines that a State or unit of general local government which is a recipient of assistance under this title has failed to comply with subsection (a) or an applicable regulation, he shall notify the Governor of such State or the chief executive officer of such unit of local government of the noncompliance and shall request the Governor or the chief executive officer to secure compliance. If within a reasonable period of time, not to exceed sixty days, the Governor or the chief executive officer fails or refuses to secure compliance, the Secretary is authorized to (1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (2) exercise the powers and functions provided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d); (3) exercise the powers and functions provided for in section 111(a) of this Act; or (4) take such other action as may be provided by law.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>When a matter is referred to the Attorney General pursuant to subsection (b), or whenever he has reason to believe that a State government or unit of general local government is engaged in a pattern or practice in violation of the provisions of this section, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">labor standards</inline></heading> <num value="110"><inline class="smallCaps">Sec.</inline> 110.</num> <content>All laborers and mechanics employed by contractors <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5310">42 USC 5310.</ref></p></sidenote> or subcontractors in the performance of construction work financed in whole or in part with grants received under this title shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a–5): <proviso><i>Provided</i>, That this section shall apply to the rehabilitation of residential property only if such property is designed for residential use for eight or more families.</proviso> The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of June 13, 1934, as amended (48 Stat. <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/app">5 USC app.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s276c">40 USC 276c.</ref></p></sidenote> 948; 40 U.S.C. 276 (c)).</content> </section> <page identifier="/us/stat/88/650">88 <inline class="smallCaps">Stat.</inline> 650</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">remedies for noncompliance</inline></heading> <num value="111"><inline class="smallCaps">Sec.</inline> 111.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">If the Secretary finds after reasonable notice <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5311">42 USC 5311.</ref></p> <p class="indent0 firstIndent1 fontsize8">Notice and hearing.</p></sidenote> and opportunity for hearing that a recipient of assistance under this title has failed to comply substantially with any provision of this title, the Secretary, until he is satisfied that there is no longer any such failure to comply, shall—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>terminate payments to the recipient under this title, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>reduce payments to the recipient under this title by an amount equal to the amount of such payments which were not expended in accordance with this title, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>limit the availability of payments under this title to programs, projects, or activities not affected by such failure to comply.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">In lieu of, or in addition to, any action authorized by subsection (a), the Secretary may, if he has reason to believe that a recipient has failed to comply substantially with any provision of this title, refer the matter to the Attorney General of the United States with a recommendation that an appropriate civil action be instituted.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Upon such a referral the Attorney General may bring a civil action in any United States district court having venue thereof for such relief as may be appropriate, including an action to recover the amount of the assistance furnished under this title which was not expended in accordance with it, or for mandatory or injunctive relief.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Any recipient which receives notice under subsection (a) <sidenote><p class="indent0 firstIndent1 fontsize8">Judicial review.</p></sidenote> of the termination, reduction, or limitation of payments under this title may, within sixty days after receiving such notice, file with the United States Court of Appeals for the circuit in which such State is located, or in the United States Court of Appeals for the District of Columbia, a petition for review of the Secretary’s action. The petitioner shall forthwith transmit copies of the petition to the Secretary and the Attorney General of the United States, who shall represent the Secretary in the litigation.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Secretary shall file in the court record of the proceeding on which he based his action, as provided in section 2112 of title 28, United States Code. No objection to the action of the Secretary shall be considered by the court unless such objection has been urged before the Secretary.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The court shall have jurisdiction to affirm or modify the action of the Secretary or to set it aside in whole or in part. The findings of fact by the Secretary, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may order additional evidence to be taken by the Secretary, and to be made part of the record. The Secretary may modify his findings of fact, or make new findings, by reason of the new evidence so taken and filed with the court, and he shall also file such modified or new findings, which findings with respect to questions of fact shall be conclusive if supported by substantial evidence on the record considered as a whole, and shall also file his recommendation, if any, for the modification or setting aside of his original action.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>Upon the filing of the record with the court, the jurisdiction of the court shall be exclusive and its judgment shall be final, except that such judgment shall be subject to review by the Supreme Court of the United States upon writ of certiorari or certification as provided in section 1254 of title 28, United States Code.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">use of grants to settle outstanding urban renewal loans</inline></heading> <num value="112"><inline class="smallCaps">Sec.</inline> 112.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Secretary is authorized, notwithstanding any <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5312">42 USC 5312.</ref></p></sidenote> other provision of this title, to apply a portion of the grants, not to <page identifier="/us/stat/88/651">88 <inline class="smallCaps">Stat.</inline> 651</page> exceed 20 per centum thereof without the request of the recipient, made or to be made under section 103(a) in any fiscal year pursuant to an allocation under section 106 to any unit of general local government toward payment of the principal of, and accrued interest on, any temporary loan made in connection with urban renewal projects under title I of the Housing Act of 1949 being carried out within the jurisdiction of such unit of general local government if—</chapeau><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1450">42 USC 1450.</ref></p></sidenote> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the Secretary determines, after consultation with the local public agency carrying out the project and the chief executive of such unit of general local government, that the project cannot be completed without additional capital grants, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the local public agency carrying out the project submits to the Secretary an appropriate request which is concurred in by the governing body of such unit of general local government.</content></paragraph> <continuation class="indent0 fontsize10">In determining the amounts to be applied to the payment of temporary loans, the Secretary shall make an accounting for each project taking into consideration the costs incurred or to be incurred, the estimated proceeds upon any sale or disposition of property, and the capital grants approved for the project.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Upon application by any local public agency carrying out an urban renewal project under title I of the Housing Act of 1949, which application is approved by the governing body of the unit of general local government in which the project is located, the Secretary may approve a financial settlement of such project if he finds that a surplus of capital grant funds after full repayment of temporary loan indebtedness will result and may authorize the unit of general local government to use such surplus funds, without deduction or offset, in accordance with the provisions of this title.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">reporting requirements</inline></heading> <num value="113"><inline class="smallCaps">Sec.</inline> 113.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Not later than 180 days after the close of each fiscal <sidenote><p class="indent0 firstIndent1 fontsize8">Report to Congress.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5313">42 USC 5313.</ref></p></sidenote> year in which assistance under this title is furnished, the Secretary shall submit to the Congress a report which shall contain—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content> a description of the progress made in accomplishing the objectives of this title; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>a summary of the use of such funds as approved by the Secretary during the preceding fiscal year.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The Secretary is authorized to require recipients of assistance under this title to submit to him such reports and other information as may be necessary in order for the Secretary to make the report required by subsection (a).</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">consultation</inline></heading> <num value="114"><inline class="smallCaps">Sec.</inline> 114.</num> <content>In carrying out the provisions of this title including the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5314">42 USC 5314.</ref></p></sidenote> issuance of regulations, the Secretary shall consult with other Federal departments and agencies administering Federal grant-in-aid programs.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">interstate agreements</inline></heading> <num value="115"><inline class="smallCaps">Sec.</inline> 115.</num> <content>The consent of the Congress is hereby given to any two or <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5315">42 USC 5315.</ref></p></sidenote> more States to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative effort and mutual assistance in support of community development planning and programs carried out under this title as they pertain to interstate areas and to localities within such States, and to establish such agencies, joint or otherwise, as they may deem desirable for making such agreements and compacts effective.</content> </section> <page identifier="/us/stat/88/652">88 <inline class="smallCaps">Stat.</inline> 652</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">transition provisions</inline></heading> <num value="116"><inline class="smallCaps">Sec.</inline> 116.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Except with respect to projects and programs for <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5316">42 USC 5316.</ref></p></sidenote> which funds have been previously committed, no new grants or loans <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3301">42 USC 3301.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1450">42 USC 1450.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3102/s3103">42 USC 3102, 3103.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1491/s1500">42 USC 1491, 1500.</ref></p></sidenote> shall be made after January 1, 1975, under (1) title I of the Demonstration Cities and Metropolitan Development Act of 1966, (2) title I of the Housing Act of 1949, (3) section 702 or section 703 of the Housing and Urban Development Act of 1965, (4) title II of the Housing Amendments of 1955, or (5) title VII of the Housing Act of 1961.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content class="inline">To the extent that grants under title I of the Housing Act of 1949 or title I of the Demonstration Cities and Metropolitan Development Act of 1966 are payable from appropriations made for the fiscal year 1975, and are made with respect to a project or program being carried on in any unit of general local government which is eligible to receive a grant for such fiscal year under section 106 (a) or (h) of this Act, the amount of such grants made under title I of the Housing Act of 1949 or title I of the Demonstration Cities and Metropolitan Development Act of 1966 shall be deducted from the amount of grants which such unit of general local government is eligible to receive for the fiscal year 1975 under such section 106 (a) or (h). The deduction required by the preceding sentence shall be disregarded in determining the amount of grants made to any unit of general local government that may be applied, pursuant to section 112 of this Act, to payment of temporary loans in connection with urban renewal projects under title I of the Housing Act of 1949. The amount of any appropriations made for the fiscal year 1975 which is used for grants so as to be subject to the provisions of this subsection relating to deductions shall be deemed to have been appropriated for grants pursuant to section 103(a) of this Act for such fiscal year for purposes of calculations under sections 106 and 107 of this Act.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The first sentence of section 103(b) of the Housing Act of 1949 is amended by inserting before the period at the end thereof <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1453">42 USC 1453.</ref></p></sidenote> the following: “<quotedText>, and by such sums as may be necessary thereafter</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 111(b) of the Demonstration Cities and Metropolitan <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3311">42 USC 3311.</ref></p></sidenote> Development Act of 1966 is amended by inserting immediately after the first sentence the following new sentence: “<quotedText>In addition, there are authorized to be appropriated for such purpose such sums as may be necessary for the fiscal year ending June 30, 1975.</quotedText>”</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 111(c) of such Act is amended by striking out “<quotedText>July 1, 1974</quotedText>” and inserting in lieu thereof “<quotedText>July 1, 1975</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 312(h) of the Housing Act of 1964 is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1452b">42 USC 1452b.</ref></p></sidenote> (A) by striking out “<quotedText>after October 1, 1974</quotedText>” and inserting in lieu thereof “<quotedText>after the close of the one-year period beginning on the date of the enactment of the Housing and Community Development Act of 1974</quotedText>”, and (B) by striking out “<quotedText>that date</quotedText>” and inserting in lieu thereof “<quotedText>the close of that period</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 312(a)(1) of such Act is amended by inserting “<quotedText>or</quotedText>” at the end of subparagraph (C), and by adding after subparagraph (C) the following new subparagraph: <quotedContent> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>the rehabilitation is a part of, or is necessary or appropriate to the execution of, an approved community development program under title I of the Housing and Community Development Act of 1974 or an approved urban homestead program under section 809 of such Act;”.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 729.</p></sidenote></content></subparagraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>With respect to the program period beginning January 1, 1975, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5316">42 USC 5316.</ref></p></sidenote> the Secretary may, without regard to the requirements of section 104, advance to any metropolitan city, urban county or other unit of general local government, out of the amount allocated to such entity pursuant to section 106 (a) or (h), an amount not to exceed 10 per centum of the <page identifier="/us/stat/88/653">88 <inline class="smallCaps">Stat.</inline> 653</page> amount so allocated which shall be available only for use (1) to continue projects or programs referred to in clauses (1) and (2) of subsection (a) of this section, or (2) to plan and prepare for the implementation of activities to be assisted under this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>In the case of funds available for any fiscal year, the Secretary shall not consider any application from a metropolitan city or urban county for a grant pursuant to section 106(a) or from a unit of general local government for a grant pursuant to section 106(h) unless such application is submitted on or prior to such date (in that fiscal year) as the Secretary shall establish as the final date for submission of applications for such grants in that year.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">liquidation of superseded programs</inline></heading> <num value="117"><inline class="smallCaps">Sec.</inline> 117.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 3689 of the Revised Statutes, as amended (31 U.S.C. 711), is amended by adding after paragraph (22) (as added by section 108(f) of this Act) the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><num value="23">“(23)</num> <content>For payments required from time to time under contracts entered into pursuant to section 103(b) of the Housing Act of 1949 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1453">42 USC 1453.</ref></p></sidenote> with respect to projects or programs for which funds have been committed on or before December 31, 1974, and for which funds have not previously been appropriated.”</content></paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The Secretary is authorized to transfer the assets and liabilities <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5317">42 USC 5317.</ref></p></sidenote> of any program which is superseded or inactive by reason of this title to the revolving fund for liquidating programs established pursuant to title II of the Independent Offices Appropriation Act of 1965 (Public Law 81–428; 68 Stat. 272, 295).</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">employment opportunities for lower income persons</inline></heading> <num value="118"><inline class="smallCaps">Sec.</inline> 118.</num> <content>Section 3 of the Housing and Urban Development Act of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701u">12 USC 1701u.</ref></p></sidenote> 1968 is amended by inserting “<quotedText>, including community development block grants under title I of the Housing and Community Development Act of 1974,</quotedText>” immediately after “<quotedText>direct financial assistance</quotedText>”.</content> </section> <num value="II">TITLE II—</num><heading class="inline">ASSISTED HOUSING</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">amendment to the united states housing act of 1937</inline></heading> <num value="201"><inline class="smallCaps">Sec.</inline> 201.</num> <subsection class="inline"><num value="a">(a)</num> <content>The United States Housing Act of 1937 is amended to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1430">42 USC 1430.</ref></p></sidenote> read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“short title</inline></heading> <num value="1"><inline class="smallCaps">“Section</inline> 1.</num> <content>This Act may be cited as the ‘<shortTitle role="act">United States Housing <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437">42 USC 1437</ref> note.</p></sidenote> Act of 1937</shortTitle>’.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“declaration of policy</inline></heading> <num value="2"><inline class="smallCaps">“Sec.</inline> 2.</num> <content>It is the policy of the United States to promote the general <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437">42 USC 1437.</ref></p></sidenote> welfare of the Nation by employing its funds and credit, as provided in this Act, to assist the several States and their political subdivisions to remedy the unsafe and unsanitary housing conditions and the acute shortage of decent, safe, and sanitary dwellings for families of low income and, consistent with the objectives of this Act, to vest in local public housing agencies the maximum amount of responsibility in the administration of their housing programs. No person should be barred from serving on the board of directors or similar governing body of a local public housing agency because of his tenancy in a low-income housing project.</content> </section> <page identifier="/us/stat/88/654">88 <inline class="smallCaps">Stat.</inline> 654</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“definitions</inline></heading> <num value="3"><inline class="smallCaps">“Sec.</inline> 3.</num> <chapeau>When used in this Act—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437a">42 USC 1437a.</ref></p></sidenote></chapeau> <paragraph class="indent0 fontsize10"><num value="1">“(1)</num> <chapeau>The term ‘low-income housing’ means decent, safe, and sanitary dwellings within the financial reach of families of low income, and embraces all necessary appurtenances thereto. Except as otherwise provided in this section, income limits for occupancy and rents shall be fixed by the public housing agency and approved by the Secretary. The rental for any dwelling unit shall not exceed one-fourth of the family’s income as defined by the Secretary. Notwithstanding the preceding sentence, the rental for any dwelling unit shall not be less than the higher of (A) 5 per centum of the gross income of the family occupying the dwelling unit, and (B) if the family is receiving payments for welfare assistance from a public agency and a part of such payments, adjusted in accordance with the family’s actual housing costs, is specifically designated by such agency to meet the family’s housing costs, the portion of such payments which is so designated. At least 20 per centum of the dwelling units in any project placed under annual contributions contracts in any fiscal year beginning after the effective date of this section shall be occupied by very low-income families. In defining the income of any family for the purpose of this Act, the Secretary shall consider income from all sources of each member of the family residing in the household, except that there shall be excluded—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the income of any family member (other than the head of the household or his spouse) who is under eighteen years of age or is a full-time student;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the first $300 of the income of a secondary wage earner who is the spouse of the head of the household;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>an amount equal to $300 for each member of the family residing in the household (other than the head of the household or his spouse) who is under eighteen years of age or who is eighteen years of age or older and is disabled or handicapped or a full-time student;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>nonrecurring income, as determined by the Secretary;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <content>5 per centum of the family’s gross income (10 per centum in the case of elderly families);</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="F">“(F)</num> <content>such extraordinary medical or other expenses as the Secretary approves for exclusion; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="G">“(G)</num> <content>an amount equal to the sums received by the head of the household or his spouse from, or under the direction of, any public or private nonprofit child placing agency for the care and maintenance of one or more persons who are under eighteen years of age and were placed in the household by such agency.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>The term ‘low-income families’ means families of low income who cannot afford to pay enough to cause private enterprise in their locality or metropolitan area to build an adequate supply of decent, safe, and sanitary dwellings for their use. The term ‘very low-income families’ means families whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families. The term ‘families’ includes families consisting of a single person in the case of (A) a person who is at least sixty-two years of age or is under a <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s423">42 USC 423.</ref></p></sidenote> disability as defined in section 223 of the Social Security Act or in section 102(5) of the Developmental Disabilities Services and Facilities Construction Amendments of 1970, or is handicapped, (B) a displaced <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2691">42 USC 2691.</ref></p></sidenote> person, and (C) the remaining member of a tenant family; and the term ‘elderly families’ means families whose heads (or their spouses), or whose sole members, are persons described in clause (A). <page identifier="/us/stat/88/655">88 <inline class="smallCaps">Stat.</inline> 655</page> A person shall be considered handicapped if such person is determined, pursuant to regulations issued by the Secretary, to have an impairment which (i) is expected to be of long-continued and indefinite duration, (ii) substantially impedes his ability to live independently, and (iii) is of such a nature that such ability could be improved by more suitable housing conditions. The term ‘displaced person’ means a person displaced by governmental action, or a person whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to Federal disaster relief laws. Notwithstanding the preceding provisions of this paragraph, the term ‘elderly families’ includes two or more elderly, disabled, or handicapped individuals living together, or one or more such individuals living with another person who is determined under regulations of the Secretary to be a person essential to their care or well being.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>The term ‘development’ means any or all undertakings necessary for planning, land acquisition, demolition, construction, or equipment, in connection with a low-income housing project. The term ‘development cost’ comprises the cost incurred by a public housing agency in such undertakings and their necessary financing (including the payment of carrying charges), and in otherwise carrying out the development of such project. Construction activity in connection with a low-income housing project may be confined to the reconstruction, remodeling, or repair of existing buildings.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <content>The term ‘operation’ means any or all undertakings appropriate for management, operation, services, maintenance, security (including the cost of security personnel), or financing in connection with a low-income housing project. The term also means the financing of tenant programs and services for families residing in low-income housing projects, particularly where there is maximum feasible participation of the tenants in the development and operation of such tenant programs and services. As used in this paragraph, the term ‘tenant programs and services’ includes the development and maintenance of tenant organizations which participate in the management of low-income housing projects; the training of tenants to manage and operate such projects and the utilization of their services in project management and operation; counseling on household management, housekeeping, budgeting, money management, child care, and similar matters; advice as to resources for job training and placement, education, welfare, health, and other community services; services which are directly related to meeting tenant needs and providing a wholesome living environment; and referral to appropriate agencies when necessary for the provision of such services. To the maximum extent available and appropriate, existing public and private agencies in the community shall be used for the provision of such services.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">“(5)</num> <content>The term ‘acquisition cost’ means the amount prudently required to be expended by a public housing agency in acquiring a low-income housing project.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="6">“(6)</num> <content>The term ‘public housing agency’ means any State, county, municipality, or other governmental entity or public body (or agency or instrumentality thereof) which is authorized to engage in or assist in the development or operation of low-income housing.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="7">“(7)</num> <content>The term ‘State’ includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the territories and possessions of the United States, the Trust Territory of the Pacific Islands, and Indian tribes, bands, groups, and Nations, including Alaska Indians, Aleuts, and Eskimos, of the United States.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="8">“(8)</num> <content>The term ‘Secretary’ means the Secretary of Housing and Urban Development.</content></paragraph> <page identifier="/us/stat/88/656">88 <inline class="smallCaps">Stat.</inline> 656</page> <paragraph class="indent0 fontsize10"><num value="9">“(9)</num> <content>The term ‘low-income housing project’ or ‘project’ means (A) any low-income housing developed, acquired, or assisted by a public housing agency under this Act, and (B) the improvement of any such housing.</content></paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“loans for low-income housing projects</inline></heading> <num value="4"><inline class="smallCaps">“Sec.</inline> 4.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary may make loans or commitments to make <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437b">42 USC 1437b.</ref></p></sidenote> loans to public housing agencies to help finance or refinance the development, acquisition, or operation of low-income housing projects by such agencies. Any contract for such loans and any amendment to a contract for such loans shall provide that such loans shall bear interest at a rate specified by the Secretary which shall not be less than a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, plus one-eighth of 1 per centum. Such loans shall be secured in such manner and shall be repaid within such period not exceeding forty years, or not exceeding forty years from the date of the bonds evidencing the loan, as the Secretary may determine. The Secretary may require loans or commitments to make loans under this section to be pledged as security for obligations issued by a public housing agency in connection with a low-income housing project.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The Secretary may issue and have outstanding at any one time notes and other obligations for purchase by the Secretary of the Treasury in an amount which will not, unless authorized by the President, exceed $1,500,000,000. For the purpose of determining obligations incurred to make loans pursuant to this Act against any limitation otherwise applicable with respect to such loans, the Secretary shall estimate the maximum amount to be loaned at any one time pursuant to loan agreements then outstanding with public housing agencies. Such notes or other obligations shall be in such forms and denominations and shall be subject to such terms and conditions as may be prescribed by the Secretary with the approval of the Secretary of the Treasury. The notes or other obligations issued under this subsection shall have such maturities and bear such rate or rates of interest as shall be determined by the Secretary of the Treasury. The Secretary of the Treasury is authorized and directed to purchase any notes or other obligations of the Secretary issued hereunder and for such purpose is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s774">31 USC 774</ref></p></sidenote> as amended, and the purposes for which securities may be issued under such Act, as amended, are extended to include any purchases of such obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this section. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“annual contributions for low-income housing projects</inline></heading> <num value="5"><inline class="smallCaps">“Sec.</inline> 5.</num><subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary may make annual contributions to public <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437c">42 USC 1437c.</ref></p></sidenote> housing agencies to assist in achieving and maintaining the low-income character of their projects. The Secretary shall embody the provisions for such annual contributions in a contract guaranteeing their payment. The contribution payable annually under this section shall in no case exceed a sum equal to the annual amount of principal and interest payable on obligations issued by the public housing agency to finance the development or acquisition cost of the low-income project involved. <page identifier="/us/stat/88/657">88 <inline class="smallCaps">Stat.</inline> 657</page> The amount of annual contributions which would be established for a newly constructed project by a public housing agency designed to accommodate a number of families of a given size and kind may be established under this section for a project by such public housing agency which would provide housing for the comparable number, sizes, and kinds of families through the acquisition and rehabilitation, or use under lease, of structures which are suitable for low-income housing use and obtained in the local market. Annual contributions payable under this section shall be pledged, if the Secretary so requires, as security for obligations issued by a public housing agency to assist the development or acquisition of the project to which annual contributions relate and shall be paid over a period not to exceed forty years.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The Secretary may prescribe regulations fixing the maximum <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> contributions available under different circumstances, giving consideration to cost, location, size, rent-paying ability of prospective tenants, or other factors bearing upon the amounts and periods of assistance needed to achieve and maintain low rentals. Such regulations may provide for rates of contribution based upon development, acquisition, or operation costs, number of dwelling units, number of persons housed, interest charges, or other appropriate factors.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>The Secretary is authorized to enter into contracts for annual <sidenote><p class="indent0 firstIndent1 fontsize8">Contract authority.</p></sidenote> contributions aggregating not more than $1,199,250,000 per annum, which limit shall be increased by $225,000,000 on July 1, 1971, by $150,000,000 on July 1, 1972, by $400,000,000 on July 1, 1973, and by $965,000,000 on July 1, 1974. Of the aggregate amount of contracts for annual contributions authorized to be entered into on or after July 1, 1974, the Secretary shall enter into contracts for annual contributions aggregating at least $150,000,000 per annum to assist in financing the development or acquisition cost of low-income housing projects to be owned by public housing agencies. Not more than 50 per centum of the dwelling units placed under contract pursuant to the preceding sentence may be constructed or substantially rehabilitated for ownership by public housing agencies under section 8 of this Act. In addition to the amount of contracts for annual contributions required to be entered into by the Secretary under the second sentence of this subsection, the Secretary shall enter into contracts for annual contributions, out of the aggregate amount of contracts for annual contributions authorized under this section to be entered into on or after July 1, 1974, aggregating at least $15,000,000 per annum, which amount shall be increased by not less than $15,000,000 per annum, on July 1, 1975, to assist in financing the development or acquisition cost of low-income housing for families who are members of any Indian tribe, band, pueblo, group, or community of Indians or Alaska Natives which is recognized by the Federal Government as eligible for service from the Bureau of Indian Affairs, or who are wards of any State government, except that none of the funds made available under this sentence shall be available for use under section 8. For the purpose of the preceding sentence, the annual contributions for a project shall, notwithstanding any other provision of this Act, be equal to the difference between the sum of the total debt service payment plus approved operating costs, and the rental payments that tenants are required to make under section 3 (1) of this Act. The Secretary <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 654.</p></sidenote> shall enter into only such new contracts for preliminary loans as are consistent with the number of dwelling units for which contracts for annual contributions may be entered into. The faith of the United States is solemnly pledged to the payment of all annual contributions contracted for pursuant to this section, and there are hereby authorized to be appropriated in each fiscal year, out of any money in the Treasury not otherwise appropriated, the amounts necessary to <page identifier="/us/stat/88/658">88 <inline class="smallCaps">Stat.</inline> 658</page> provide for such payments. All payments of annual contributions pursuant to this section shall be made out of any funds available for purposes of this Act when such payments are due, except that funds obtained through the issuance of obligations pursuant to section 4(b) <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 656.</p></sidenote> (including repayments or other realizations of the principal of loans made out of such funds) shall not be available for the payment of such annual contributions.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>Any contract for loans or annual contributions, or both, entered into by the Secretary with a public housing agency, may cover one or more than one low-income housing project owned by such public housing agency; in the event the contract covers two or more projects, such projects may, for any of the purposes of this Act and of such contract (including, but not limited to, the determination of the amount of the loan, annual contributions, or payments in lieu of taxes, specified in such contract), be treated collectively as one project.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <chapeau>In recognition that there should be local determination of the need for low-income housing to meet needs not being adequately met by private enterprise—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>the Secretary shall not make any contract with a public housing agency for preliminary loans (all of which shall be repaid out of any moneys which become available to such agency for the development of the projects involved) for surveys and planning in respect to any low-income housing projects (i) unless the governing body of the locality involved has by resolution approved the application of the public housing agency for such preliminary loan; and (ii) unless the public housing agency has demonstrated to the satisfaction of the Secretary that there is need for such low-income housing which is not being met by private enterprise; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>the Secretary shall not make any contract for loans (other than preliminary loans) or for annual contributions pursuant to this Act unless the governing body of the locality involved has entered into an agreement with the public housing agency providing for the local cooperation required by the Secretary pursuant to this Act.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <content>“Subject to the specific limitations or standards in this Act governing the terms of sales, rentals, leases, loans, contracts for annual contributions, or other agreements, the Secretary may, whenever he deems it necessary or desirable in the fulfillment of the purposes of this Act, consent to the modification, with respect to rate of interest, time of payment of any installment of principal or interest, security, amount of annual contribution, or any other term, of any contract or agreement of any kind to which the Secretary is a party. When the Secretary finds that it would promote economy or be in the financial interest of the Federal Government or is necessary to assure or maintain the low-income character of the project or projects involved, any contract heretofore or hereafter made for annual contributions, loans, or both, may be amended or superseded by a contract entered into by mutual agreement between the public housing agency and the Secretary. Contracts may not be amended or superseded in a manner which would impair the rights of the holders of any outstanding obligations of the public housing agency involved for which annual contributions have been pledged. Any rule of law contrary to this provision shall be deemed inapplicable.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">“(g)</num> <content>In addition to the authority of the Secretary under subsection (a) to pledge annual contributions as security for obligations issued by a public housing agency, the Secretary is authorized to pledge annual contributions as a guarantee of payment by a public housing agency of all principal and interest on obligations issued by it to assist the <page identifier="/us/stat/88/659">88 <inline class="smallCaps">Stat.</inline> 659</page> development or acquisition of the project to which the annual contributions relate, except that no obligation shall be guaranteed under this subsection if the income thereon is exempt from Federal taxation.</content></subsection> <subsection class="indent0 fontsize10"><num value="h">“(h)</num> <content>Notwithstanding any other provision of law, a public housing agency may sell a low-income housing project to its low-income tenants, on such terms and conditions as the agency may determine, without affecting the Secretary’s commitment to pay annual contributions with respect to that project, but such contributions shall not exceed the maximum contributions authorized under subsection (a) of this section.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“contract provisions and requirements</inline></heading> <num value="6"><inline class="smallCaps">“Sec.</inline> 6.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Secretary may include in any contract for loans, annual <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437d">42 USC 1437d.</ref></p></sidenote> contributions, sale, lease, mortgage, or any other agreement or instrument made pursuant to this Act, such convenants, conditions, or provisions as he may deem necessary in order to insure the low-income character of the project involved. Any such contract may contain a condition requiring the maintenance of an open space or playground in connection with the housing project involved if deemed necessary by the Secretary for the safety or health of children. Any such contract shall require that, except in the case of housing predominantly for the elderly, high-rise elevator projects shall not be provided for families with children unless the Secretary makes a determination that there is no practical alternative.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Every contract made pursuant to this Act for loans (other than preliminary loans) or annual contributions shall provide that the cost of construction and equipment of the project (excluding land, demolition, and nondwelling facilities) on which the computation of any annual contributions under this Act may be based shall not exceed by more than 10 per centum the appropriate prototype cost for the area. The prototype costs shall be determined at least annually by the Secretary on the basis of his estimate of the construction costs of new dwelling units of various sizes and types in the area suitable for occupancy by persons assisted under this Act. In making his determination the Secretary shall take into account (1) the extra durability required for safety and security and economical maintenance of such housing, (2) the provision of amenities designed to guarantee a safe and healthy family life and neighborhood environment, (3) the application of good design as an essential component of such housing for safety and security as well as other purposes, (4) the maintenance of quality in architecture to reflect the standards of the neighborhood and community, (5) the need for maximizing the conservation of energy for heating, lighting, and other purposes, (6) the effectiveness of existing cost limits in the area, and (7) the advice and recommendations of local housing producers. The prototype costs for any area <sidenote><p class="indent0 firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> shall become effective upon the date of publication in the Federal Register.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <chapeau>Every contract for annual contributions shall provide that—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>the Secretary may require the public housing agency to review and revise its maximum income limits if the Secretary determines that changed conditions in the locality make such revision necessary in achieving the purposes of this Act;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>the public housing agency shall determine, and so certify to the Secretary, that each family in the project was admitted in accordance with duly adopted regulations and approved income limits; and the public housing agency shall review the incomes of families living in the project at intervals of two years (or at shorter intervals where the Secretary deems it desirable);</content></paragraph> <page identifier="/us/stat/88/660">88 <inline class="smallCaps">Stat.</inline> 660</page> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>the public housing agency shall promptly notify (i) any <sidenote><p class="indent0 firstIndent1 fontsize8">Ineligble applicants, notice and informal hearing.</p></sidenote> applicant determined to be ineligible for admission to the project of the basis for such determination and provide the applicant upon request, within a reasonable time after the determination is made, with an opportunity for an informal hearing on such determination, and (ii) any applicant determined to be eligible for admission to the project of the approximate date of occupancy insofar as such date can be reasonably determined; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <chapeau>the public housing agency shall comply with such procedures and requirements as the Secretary may prescribe to assure that sound management practices will be followed in the operation of the project, including requirements pertaining to—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the establishment of tenant selection criteria designed to assure that, within a reasonable period of time, the project will include families with a broad range of incomes and will avoid concentrations of low-income and deprived families with serious social problems, but this shall not permit maintenance of vacancies to await higher income tenants where lower income tenants are available;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the establishment of satisfactory procedures designed to assure the prompt payment and collection of rents and the prompt processing of evictions in the case of nonpayment of rent;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>the establishment of effective tenant-management relationships designed to assure that satisfactory standards of tenant security and project maintenance are formulated and that the public housing agency (together with tenant councils where they exist) enforces those standards fully and effectively; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>the development by local housing authority managements of viable homeownership opportunity programs for low-income families capable of assuming the responsibilities of homeownership.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>Every contract for annual contributions with respect to a low-income housing project shall provide that no annual contributions by the Secretary shall be made available for such project unless such project (exclusive of any portion thereof which is not assisted by annual contributions under this Act) is exempt from all real and personal property taxes levied or imposed by the State, city, county, or other political subdivision; and such contract shall require the public housing agency to make payments in lieu of taxes equal to 10 per centum of the sum of the annual shelter rents charged in such project, or such lesser amount as (i) is prescribed by State law, or (ii) is agreed to by the local governing body in its agreement for local cooperation with the public housing agency required under section 5(e)(2) of this Act, or (iii) is due to failure of a local public body or bodies other than the public housing agency to perform any obligation under such agreement. If any such project is not exempt from all real and personal property taxes levied or imposed by the State, city, county, or other political subdivision, such contract shall provide, in lieu of the requirement for tax exemption and payments in lieu of taxes, that no annual contributions by the Secretary shall be made available for such project unless and until the State, city, county, or other political subdivision in which such project is situated shall contribute, in the form of cash or tax remission, the amount by which the taxes paid with respect to the project exceed 10 per centum of the annual shelter rents charged in such project.</content></subsection> <page identifier="/us/stat/88/661">88 <inline class="smallCaps">Stat.</inline> 661</page> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <content>Every contract for annual contributions shall provide that whenever in any year the receipts of a public housing agency in connection with a low-income housing project exceed its expenditures (including debt service, operation, maintenance, establishment of reserves, and other costs and charges), an amount equal to such excess shall be applied, or set aside for application, to purposes which, in the determination of the Secretary, will effect a reduction in the amount of subsequent annual contributions.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <content>Every contract for annual contributions shall provide that when the public housing agency and the Secretary mutually agree that a housing project is obsolete as to physical condition, or location, or other factors, making it unusable for housing purposes, a program of modifications or closeout shall be prepared. If it is mutually determined that such project can be returned to useful life, then the Secretary is authorized to utilize such annual contributions as are necessary to enable the local public housing agency to undertake an agreed-upon program of modifications. If it is mutually determined that no program of modifications is feasible or that such a program would not return the housing to a useful life, then the Secretary is authorized to prepare a closeout program, utilizing such annual contributions as are necessary to accommodate the outstanding indebtedness on the project, the cost of demolition (if the physical improvements are not to be sold), and the cost of relocating displaced families into satisfactory replacement housing. The net closeout cost to the Federal Government shall take into consideration any receipts from the sale of physical improvements, land, or other assets, pursuant to the provisions of the annual contributions contract.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">“(g)</num> <chapeau>Every contract for annual contributions (including contracts which amend or supersede contracts previously made) may provide that—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>upon the occurrence of a substantial default in respect to the covenants or conditions to which the public housing agency is subject (as such substantial default shall be defined in such contract), the public housing agency shall be obligated at the option of the Secretary either to convey title in any case where, in the determination of the Secretary (which determination shall be final and conclusive), such conveyance of title is necessary to achieve the purposes of this Act, or to deliver to the Secretary possession of the project, as then constituted, to which such contract relates; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>the Secretary shall be obligated to reconvey or redeliver possession of the project, as constituted at the time of reconveyance or redelivery, to such public housing agency or to its successor (if such public housing agency or a successor exists) upon such terms as shall be prescribed in such contract, and as soon as practicable (i) after the Secretary is satisfied that all defaults with respect to the project have been cured, and that the project will, in order to fulfill the purposes of this Act, thereafter be operated in accordance with the terms of such contract; or (ii) after the termination of the obligation to make annual contributions available unless there are any obligations or covenants of the public housing agency to the Secretary which are then in default. Any prior conveyances and reconveyances or deliveries and redeliveries of possession shall not exhaust the right to require a conveyance or delivery of possession of the project to the Secretary pursuant to subparagraph (1) upon the subsequent occurrence of a substantial default. <page identifier="/us/stat/88/662">88 <inline class="smallCaps">Stat.</inline> 662</page> Whenever such a contract for annual contributions includes provisions which the Secretary in such contract determines are in accordance with this subsection, and the portion of the annual contribution payable for debt service requirements pursuant to such contract has been pledged by the public housing agency as security for the payment of the principal and interest on any of its obligations, the Secretary (notwithstanding any other provisions of this Act) shall continue to make such annual contributions available for the project so long as any of such obligations remain outstanding, and may covenant in such contract that in any event such annual contributions shall in each year be at least equal to an amount which, together with such income or other funds as are actually available from the project for the purpose at the time such annual contribution is made, will suffice for the payment of all installments, falling due within the next succeeding twelve months, of principal and interest on the obligations for which the annual contributions provided for in the contract shall have been pledged as security. In no case shall such annual contributions be in excess of the maximum sum specified in the contract involved, nor for longer than the remainder of the maximum period fixed by the contract.</content></paragraph></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“congregate housing</inline></heading> <num value="7"><inline class="smallCaps">“Sec.</inline> 7.</num> <content>The Secretary shall encourage public housing agencies, in <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437e">42 USC 1437e.</ref></p></sidenote> providing housing predominantly for displaced or elderly families, to design, develop, or otherwise acquire such housing to meet the special needs of the occupants and, wherever practicable, for use in whole or in part as congregate housing: <proviso><i>Provided</i>, That not more than 10 per centum of the total amount of contracts for annual contributions entered into any fiscal year pursuant to the new authority granted under section 202 of the Housing and Urban Development Act of 1970 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1410">42 USC 1410.</ref></p></sidenote> or under any law subsequently enacted shall be entered into with respect to units in congregate housing.</proviso> As used in this section the term ‘congregate housing’ means low-income housing (A) in which some or all of the dwelling units do not have kitchen facilities, and (B) connected with which there is a central dining facility to provide wholesome and economical meals for elderly and displaced families under terms and conditions prescribed by the public housing agency to permit a generally self-supporting operation. Expenditures incurred by a public agency in the operation of a central dining facility in connection with congregate housing (other than the cost of providing food and service) shall be considered one of the costs of operation of the project.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“lower-income housing assistance</inline></heading> <num value="8"><inline class="smallCaps">“Sec.</inline> 8.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">For the purpose of aiding lower-income families in <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437f">42 USC 1437f.</ref></p></sidenote> obtaining a decent place to live and of promoting economically mixed housing, assistance payments may be made with respect to existing, newly constructed, and substantially rehabilitated housing in accordance with the provisions of this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Secretary is authorized to enter into annual contributions contracts with public housing agencies pursuant to which such agencies may enter into contracts to make assistance payments to owners of existing dwelling units in accordance with this section. In areas where no public housing agency has been organized or where the Secretary determines that a public housing agency is unable to implement the provisions of this section, the Secretary is authorized to enter into such contracts and to perform the other functions assigned to a public housing agency by this section.</content></paragraph> <page identifier="/us/stat/88/663">88 <inline class="smallCaps">Stat.</inline> 663</page> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>To the extent of annual contributions authorizations under section 5(c) of this Act, the Secretary is authorized to make assistance <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 656.</p></sidenote> payments pursuant to contracts with owners or prospective owners who agree to construct or substantially rehabilitate housing in which some or all of the units shall be available for occupancy by lower-income families in accordance with the provisions of this section. The Secretary may also enter into annual contributions contracts with public housing agencies pursuant to which such agencies may enter into contracts to make assistance payments to such owners or prospective owners.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">An assistance contract entered into pursuant to this section <sidenote><p class="indent0 firstIndent1 fontsize8">Maximum monthly rent.</p></sidenote> shall establish the maximum monthly rent (including utilities and all maintenance and management charges) which the owner is entitled to receive for each dwelling unit with respect to which such assistance payments are to be made. The maximum monthly rent shall not <sidenote><p class="indent0 firstIndent1 fontsize8">Limitation.</p></sidenote> exceed by more than 10 per centum the fair market rental established by the Secretary periodically but not less than annually for existing or newly constructed rental dwelling units of various sizes and types in the market area suitable for occupancy by persons assisted under this section, except that the maximum monthly rent may exceed the fair market rental by more than 10 but not more than 20 per centum where the Secretary determines that special circumstances warrant such higher maximum rent or that such higher rent is necessary to the implementation of a local housing assistance plan as defined in section <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 674.</p> <p class="indent0 firstIndent1 fontsize8">Proposed fair market rentals, publication in Federal Register.</p></sidenote> 213(a)(5) of the Housing and Community Development Act of 1974. Proposed fair market rentals for an area shall be published in the Federal Register with reasonable time for public comment, and shall become effective upon the date of publication in final form in the Federal Register.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">The assistance contract shall provide for adjustment annually <sidenote><p class="indent0 firstIndent1 fontsize8">Adjustments.</p></sidenote> or more frequently in the maximum monthly rents for units covered by the contract to reflect changes in the fair market rentals established in the housing area for similar types and sizes of dwelling units or, if the Secretary determines, on the basis of a reasonable formula.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <content>The contract shall further provide for the Secretary to make additional adjustments in the maximum monthly rent for units under contract to the extent he determines such adjustments are necessary to reflect increases in the actual and necessary expenses of owning and maintaining the units which have resulted from substantial general increases in real property taxes, utility rates, or similar costs which are not adequately compensated for by the adjustment in the maximum monthly rent authorized by subparagraph (A).</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">“(C)</num> <content>Adjustments in the maximum rents as hereinbefore provided shall not result in material differences between the rents charged for assisted and comparable unassisted units, as determined by the Secretary.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>The amount of the monthly assistance payment with respect to any dwelling unit, in the case of a large very low-income family, a very large lower income family, or a family with exceptional medical or other expenses, as determined by the Secretary, shall be the difference between 15 per centum of one-twelfth of the annual income of the family occupying the dwelling unit and the maximum monthly rent which the contract provides that the owner is to receive for the unit. In the case of other families, the Secretary shall establish the amount of the assistance payment as the difference between not less than 15 per centum nor more than 25 per centum of the family’s income and the maximum rent, taking into consideration the income of the family, the <page identifier="/us/stat/88/664">88 <inline class="smallCaps">Stat.</inline> 664</page> number of minor children in the household, and the extent of medical or other unusual expenses incurred by the family. Reviews of family income shall be made no less frequently than annually (except that such reviews may be made at intervals no longer than two years in the case of families who are elderly families).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <content>The assistance contract shall provide that assistance payments may be made only with respect to a dwelling unit under lease for occupancy by a family determined to be a lower income family at the time it initially occupied such dwelling unit, except that such payments may be made with respect to unoccupied units for a period not exceeding sixty days (A) in the event that a family vacates a dwelling unit before the expiration date of the lease for occupancy or (B) where a good faith effort is being made to fill an unoccupied unit.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">“(5)</num> <content>Assistance payments may be made with respect to up to 100 per centum of the dwelling units in any structure upon the application of the owner or prospective owner. Within the category of projects containing more than fifty units and designed for use primarily by nonelderly and nonhandicapped persons, the Secretary may give preference to applications for assistance involving not more than 20 per centum of the dwelling units in a project. In according any such preference, the Secretary shall compare applications received during distinct time periods not exceeding sixty days in duration.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="6">“(6)</num> <content>The Secretary shall take such steps as may be necessary, including the making of contracts for assistance payments in amounts in excess of the amounts required at the time of the initial renting of dwelling units, the reservation of annual contributions authority for the purpose of amending housing assistance contracts, or the allocation of a portion of new authorizations for the purpose of amending housing assistance contracts, to assure that assistance payments are increased on a timely basis to cover increases in maximum monthly rents or decreases in family incomes.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="7">“(7)</num> <content>At least 30 per centum of the families assisted under this section with annual allocations of contract authority shall be very low-income families at the time of the initial renting of dwelling units.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="8">“(8)</num> <content>To the extent authorized in contracts entered into by the Secretary with a public housing agency, such agency may purchase any structure containing one or more dwelling units assisted under this section for the purpose of reselling the structure to the tenant or tenants occupying units aggregating in value at least 80 per centum of the structure’s total value. Any such resale may be made on the terms and conditions prescribed under section 5(h) and subject to the limitation <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 656.</p></sidenote> contained in such section.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">Contracts to make assistance payments entered into by a public housing agency with an owner of existing housing units shall provide (with respect to any unit) that—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the selection of tenants for such unit shall be the function of the owner, subject to the provisions of the annual contributions contract between the Secretary and the agency;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the agency shall have the sole right to give notice to vacate, with the owner having the right to make representation to the agency for termination of tenancy;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>maintenance and replacement (including redecoration) shall be in accordance with the standard practice for the building concerned as established by the owner and agreed to by the agency; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>the agency and the owner shall carry out such other appropriate terms and conditions as may be mutually agreed to by them.</content></subparagraph></paragraph> <page identifier="/us/stat/88/665">88 <inline class="smallCaps">Stat.</inline> 665</page> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>Each contract for an existing structure entered into under this section shall be for a term of not less than one month nor more than one hundred and eighty months.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Secretary shall not contract to make assistance payments <sidenote><p class="indent0 firstIndent1 fontsize8">Restriction.</p></sidenote> with respect to a newly constructed or substantially rehabilitated dwelling unit for a term of less than one month or more than two hundred and forty months. In the case of a project owned by, or financed by a loan or loan guarantee from, a State or local agency, the term may not exceed four hundred and eighty months.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>The contract between the Secretary and the owner with respect to newly constructed or substantially rehabilitated dwelling units shall provide that all ownership, management, and maintenance responsibilities, including the selection of tenants and the termination of tenancy, shall be assumed by the owner (or any entity, including a public housing agency, approved by the Secretary, with which the owner may contract for the performance of such responsibilities).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>The construction or substantial rehabilitation of dwelling units to be assisted under this section shall be eligible for financing with mortgages insured under the National Housing Act. Assistance with <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701">12 USC 1701</ref> note.</p></sidenote> respect to such dwelling units shall not be withheld or made subject to preferences by reason of the availability of mortgage insurance pursuant to section 244 of such Act or by reason of the tax-exempt <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 679.</p></sidenote> status of the bonds or other obligations to be used to finance such construction or rehabilitation.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <content>Nothing in this Act shall be deemed to prohibit an owner from pledging, or offering as security for any loan or obligation, a contract for assistance payments entered into pursuant to this section: <proviso><i>Provided</i>, That such security is in connection with a project constructed or rehabilitated pursuant to authority granted in this section, and the terms of the financing or any refinancing have been approved by the Secretary.</proviso></content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <chapeau>As used in this section—<sidenote><p class="indent0 firstIndent1 fontsize8">Definitions.</p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>the term ‘lower income families’ means those families whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of his findings that such variations are necessary because of prevailing levels of construction costs, unusually high or low family incomes, or other factors;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>the term ‘very low-income families’ means those families whose incomes do not exceed 50 per centum of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>the term ‘income’ means income from all sources of each member of the household, as determined in accordance with criteria prescribed by the Secretary;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>the term ‘owner’ means any private person or entity, including a cooperative, or a public housing agency, having the legal right to lease or sublease newly constructed or substantially rehabilitated dwelling units as described in this section; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <content>the terms ‘rent’ or ‘rental’ mean, with respect to members of a cooperative, the charges under the occupancy agreements between such members and the cooperative.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="g">“(g)</num> <content>Notwithstanding any other provision of this Act, assistance payments under this section may be provided, in accordance with regulations prescribed by the Secretary, with respect to some or all of the units in any project approved pursuant to section 202 of the Housing Act of 1959.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701q">12 USC 1701q.</ref></p></sidenote></content></subsection> <page identifier="/us/stat/88/666">88 <inline class="smallCaps">Stat.</inline> 666</page> <subsection class="indent0 fontsize10"><num value="h">“(h)</num> <content>The provisions of sections 3(1), 5(e), and 6, and any other <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> pp. 654, 656, 659.</p></sidenote> provisions of this Act, which are inconsistent with the provisions of this section shall not apply to contracts for assistance entered into under this section.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“annual contributions for operation of low-income housing projects</inline></heading> <num value="9"><inline class="smallCaps">“Sec.</inline> 9.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">In addition to the contributions authorized to be made <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437g">42 USC 1437g.</ref></p></sidenote> for the purposes specified in section 5 of this Act, the Secretary may make annual contributions to public housing agencies for the operation of low-income housing projects. The contributions payable annually under this section shall not exceed the amounts which the Secretary determines are required (1) to assure the low-income character of the projects involved, and (2) to achieve and maintain adequate operating services and reserve funds. The Secretary shall embody the provisions for such annual contributions in a contract guaranteeing their payment subject to the availability of funds. For purposes of making payments under this section, the Secretary shall establish standards for costs of operation and reasonable projections of income, taking into account the character and location of the project and characteristics of the families served, or the costs of providing comparable services as determined in accordance with criteria or a formula representing the operations of a prototype well-managed project.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The aggregate rentals required to be paid in any year by families residing in the dwelling units administered by a public housing agency receiving annual contributions under this section shall not be less than an amount equal to one-fifth of the sum of the incomes of all such families.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>Of the aggregate amount of contracts for annual contributions authorized in section 5(c) of this Act to be entered into on or after July 1, 1974, the Secretary is authorized to enter into contracts for annual contributions under this section aggregating not more than $500,000,000 per annum, which amount shall be increased by $60,000,000 on July 1, 1975.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“general provisions</inline></heading> <num value="10"><inline class="smallCaps">“Sec.</inline> 10.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">In the performance of, and with respect to, the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437h">42 USC 1437h.</ref></p></sidenote> functions, powers, and duties vested in him by this Act, the Secretary, notwithstanding the provisions of any other law, shall—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>prepare annually and submit a budget program as provided for wholly owned Government corporations by the Government Corporation Control Act, as amended; and<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s841">31 USC 841</ref> note.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>maintain an integral set of accounts which shall be audited <sidenote><p class="indent0 firstIndent1 fontsize8">GAO audit.</p></sidenote> annually by the General Accounting Office in accordance with the principles and procedures applicable to commercial transactions as provided by the Government Corporation Control Act, as amended, and no other audit shall be required.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>All receipts and assets of the Secretary under this Act shall be available for the purposes of this Act until expended.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>The Federal Reserve banks are authorized and directed to act as depositories, custodians, and fiscal agents for the Secretary in the general exercise of his powers under this Act, and the Secretary may reimburse any such bank for its services in such manner as may be agreed upon.</content></subsection> </section> <page identifier="/us/stat/88/667">88 <inline class="smallCaps">Stat.</inline> 667</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“financing low-income housing projects</inline></heading> <num value="11"><inline class="smallCaps">“Sec.</inline> 11.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Obligations issued by a public housing agency in connection <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437i">42 USC 1437i.</ref></p></sidenote> with low-income housing projects which (1) are secured (A) by a pledge of a loan under any agreement between such public housing agency and the Secretary, or (B) by a pledge of annual contributions under an annual contributions contract between such public housing agency and the Secretary, or (C) by a pledge of both annual contributions under an annual contributions contract and a loan under an agreement between such public housing agency and the Secretary, and (2) bear, or are accompanied by, a certificate of the Secretary that such obligations are so secured, shall be incontestable in the hands of a bearer and the full faith and credit of the United States is pledged to the payment of all amounts agreed to be paid by the Secretary as security for such obligations.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Except as provided in section 5(g), obligations, including <sidenote><p class="indent0 firstIndent1 fontsize8">Tax exemption.</p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 656.</p></sidenote> interest thereon, issued by public housing agencies in connection with low-income housing projects shall be exempt from all taxation now or hereafter imposed by the United States whether paid by such agencies or by the Secretary. The income derived by such agencies from such projects shall be exempt from all taxation now or hereafter imposed by the United States.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“labor standards</inline></heading> <num value="12"><inline class="smallCaps">“Sec.</inline> 12.</num> <content>Any contract for loans, annual contributions, sale, or lease <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437j">42 USC 1437j.</ref></p></sidenote> pursuant to this Act shall contain a provision requiring that not less than the wages prevailing in the locality, as determined or adopted (subsequent to a determination under applicable State or local law) by the Secretary, shall be paid to all architects, technical engineers, draftsmen, and technicians employed in the development, and all maintenance laborers and mechanics employed in the operation, of the low-income housing project involved; and shall also contain a provision that not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to the Davis-Bacon Act (49 Stat. 1011), shall be paid to all laborers and mechanics <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s276a">40 USC 276a</ref> note.</p></sidenote> employed in the development of the project involved (including a project with nine or more units assisted under section 8 of this Act, where the public housing agency or the Secretary and the builder or sponsor enter into an agreement for such use before construction or rehabilitation is commenced), and the Secretary shall require certification as to compliance with the provisions of this section prior to making any payment under such contract.”</content></section></quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The provisions of subsection (a) of this section shall be effective <sidenote><p class="indent0 firstIndent1 fontsize8">Effective date.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437">42 USC 1437</ref> note.</p></sidenote> on such date or dates as the Secretary of Housing and Urban Development shall prescribe, but not later than eighteen months after the date of the enactment of this Act; except that (1) all of the provisions of section 3(1) of the United States Housing Act of 1937, as amended by <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 654.</p></sidenote> subsection (a) of this section, shall become effective on the same date, (2) all of the provisions of sections 5 and 9(c) of such Act as so <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 666.</p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 662.</p></sidenote> amended shall become effective on the same date, and (3) section 8 of such Act as so amended shall be effective not later than January 1, 1975.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">applicability of rental requirements</inline></heading> <num value="202"><inline class="smallCaps">Sec.</inline> 202.</num> <content>To the extent that section 3(1) of the United States Housing <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437a">42 USC 1437a</ref> note.</p></sidenote> Act of 1937, as amended by section 201(a) of this Act, would require the establishment of an increased monthly rental charge for any family which occupies a low-income housing unit as of the effec-<page identifier="/us/stat/88/668">88 <inline class="smallCaps">Stat.</inline> 668</page>tive date of such section 3(1) (other than by reason of the provisions <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 654.</p></sidenote> relating to welfare assistance payments), the required adjustment shall be made, in accordance with regulations of the Secretary, as follows: (A) the first adjustment shall not exceed $5 and shall become effective as of the month following the month of the first review of the family’s income pursuant to section 6(c)(2) of such Act which occurs <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 659.</p></sidenote> at least six months after the effective date of such section 3(1), and (B) subsequent adjustments, each of which shall not exceed $5, shall be made at six-month intervals over whatever period is necessary to effect the full required increase in the family’s rental charge.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">exemptions of certain projects from rental formula</inline></heading> <num value="203"><inline class="smallCaps">Sec.</inline> 203.</num> <content>The rental or income contribution provisions of the United <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437f">42 USC 1437f</ref> note.</p></sidenote> States Housing Act of 1937, as amended by section 201 of this Act, shall not preclude the use of special schedules of required payments as approved by the Secretary for participants in mutual help housing projects who contribute labor, land, or materials to the development of such projects.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">repeal of specification requirements in construction contracts</inline></heading> <num value="204"><inline class="smallCaps">Sec.</inline> 204.</num> <content>Section 815 of the Housing Act of 1954 is repealed.<sidenote><p class="indent0 firstIndent1 fontsize8">Repeal.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1411d/s1455a">42 USC 1411d, 1455a.</ref></p></sidenote></content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">retroactive effect of repeal of section 10</inline>(j)</heading> <num value="205"><inline class="smallCaps">Sec.</inline> 205.</num> <content>Section 206(c) of the Housing Act of 1961 (Public Law 87–70, approved June 30, 1961, 75 Stat. 165) is amended by adding at <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1410">42 USC 1410</ref> note.</p></sidenote> the end thereof the following sentence: “<quotedText>The Secretary of Housing and Urban Development is authorized to agree with a public housing agency to the amendment of any annual contributions contract containing the provision prescribed in section 10(j) of the United States Housing Act of 1937 (as in effect prior to the enactment of the Housing <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1410">42 USC 1410.</ref></p></sidenote> and Community Development Act of 1974), so as to delete such provision and waive any rights of the United States that are accrued or may accroe under such provision.</quotedText>”</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">amendment to national bank act</inline></heading> <num value="206"><inline class="smallCaps">Sec.</inline> 206.</num> <chapeau>The sixth sentence of paragraph “Seventh” of section 5136 of the Revised Statutes, as amended (12 U.S.C. 24), is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>1421a(b) of title 42</quotedText>” wherever it appears and inserting in lieu thereof w“<quotedText>6(g) of the United States Housing Act of 1937</quotedText>”;<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 659.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>either</quotedText>” before clause (1);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by striking out “<quotedText>(which obligations shall have a maturity of not more than eighteen months)</quotedText>” in clause (1);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>by striking out “<quotedText>or</quotedText>” before clause (2); and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>by inserting before the colon before the first proviso the following: “<quotedText>, or (3) by a pledge of both annual contributions under an annual contributions contract containing the covenant by the Secretary which is authorized by section 6(g) of the United States Housing Act of 1937, and a loan under an agreement between the local public housing agency and the Secretary in which the public housing agency agrees to borrow from the Secretary, and the Secretary agrees to lend to the public housing agency, prior to the maturity of the obligations involved, moneys in an amount which (together with any other moneys irrevocably committed under the annual contributions contract to the payment of principal and interest on such obligations) will suffice to pro-<page identifier="/us/stat/88/669">88 <inline class="smallCaps">Stat.</inline> 669</page>vide for the payment when due of all installments of principal and interest on such obligations, which moneys under the terms of the agreement are required to be used for the purpose of paying the principal and interest on such obligations at their maturity</quotedText>”.</content></paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">amendments to lanham act</inline></heading> <num value="207"><inline class="smallCaps">Sec.</inline> 207.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 606 of the Act of October 14, 1940, as amended (42 U.S.C. 1586), is amended by striking out that part of the first sentence in subsection (b) which follows the parenthetical phrase and inserting in lieu thereof a period, and by striking out all of the second sentence.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 606(c)(1) of such Act is amended by inserting before the semicolon at the end thereof the following: “<quotedText>, or, with the Secretary’s approval, used to finance the repair or rehabilitation of a project or part thereof conveyed to the public housing agency under this section</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">leased housing</inline></heading> <num value="208"><inline class="smallCaps">Sec.</inline> 208.</num> <content>Nothing in this title or any other provision of law authorizes <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1421b">42 USC 1421b</ref> note.</p></sidenote> the Secretary of Housing and Urban Development to apply any policy or procedure established by him with respect to the rights of an owner under a lease entered into under section 23 of the United States Housing Act of 1937 if such lease was entered into prior to the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1421b">42 USC 1421b.</ref></p></sidenote> effective date of such policy or procedure.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">low-income housing for the elderly or handicapped</inline></heading> <num value="209"><inline class="smallCaps">Sec.</inline> 209.</num> <content>The Secretary shall consult with the Secretary of Health, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1438">42 USC 1438.</ref></p></sidenote> Education, and Welfare to insure that special projects for the elderly or the handicapped authorized pursuant to United States Housing Act of 1937 shall meet acceptable standards of design and shall provide <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 653</p></sidenote> quality services and management consistent with the needs of the occupants. Such projects shall be specifically designed and equipped with such “related facilities” (as defined in section 202(d)(8) of the Housing Act of 1959) as may be necessary to accommodate the special <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 671.</p></sidenote> environmental needs of the intended occupants and shall be in support of and supported by the applicable State plans for comprehensive services pursuant to section 134 of the Mental Retardation Facilities and Community Mental Health Center Construction Act of 1963 or State and area plans pursuant to title III of the Older Americans Act of 1965.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2674">42 USC 2674.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3021">42 USC 3021.</ref></p></sidenote> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">revision of section 202 program for elderly and handicapped</inline></heading> <num value="210"><inline class="smallCaps">Sec.</inline> 210.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 202(a)(3) of the Housing Act of 1959 is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701q">12 USC 1701q.</ref></p></sidenote> amended by striking out all that follows “<quotedText>and shall bear interest at a rate</quotedText>” and inserting in lieu thereof “<quotedText>which is not more than a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, adjusted to the nearest one-eighth of 1 per centum, plus an allowance adequate in the judgment of the Secretary to cover administrative costs and probable losses under the program.</quotedText>”</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>Section 202(d)(4) of such Act is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>a physical</quotedText>” in the second sentence and inserting in lieu thereof “<quotedText>an</quotedText>”; and</content></paragraph> <page identifier="/us/stat/88/670">88 <inline class="smallCaps">Stat.</inline> 670</page> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by inserting after the second sentence the following new sentence: “<quotedText>A person shall also be considered handicapped if such person is a developmentally disabled individual as defined in section 102(5) of the Developmental Disabilities Services and Facilities Construction Amendments of 1950.</quotedText>”</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Section 202 of such Act is further amended by adding at the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701q">12 USC 1701q.</ref></p></sidenote> end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <content>In carrying out the provisions of this section, the Secretary shall seek to assure, pursuant to applicable regulations, that housing and related facilities assisted under this section will be in appropriate support of, and supported by, applicable State and local plans which respond to Federal program requirements by providing an assured range of necessary services for individuals occupying such housing (which services may include, among others, health, continuing education, welfare, informational, recreational, homemaker, counseling, and referral services, transportation where necessary to facilitate access to social services, and services designed to encourage and assist recipients to use the services and facilities available to them), including plans approved by the Secretary of Health, Education, and Welfare pursuant to section 134 of the Mental Retardation Facilities and Community Mental Health Center Construction Act of 1963 or pursuant <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2674">42 USC 2674.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3021">42 USC 3021.</ref></p></sidenote> to title III of the Older Americans Act of 1965.”</content></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <chapeau>Section 202(a)(4) of such Act is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by inserting “<quotedText>(A)</quotedText>” immediately after “<quotedText>(4)</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by inserting “<quotedText>, and the proceeds from notes or other obligations issued under subparagraph (B),</quotedText>” after “<quotedText>Amounts so appropriated</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by adding at the end thereof the following new subparagraphs: <quotedContent> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num><clause class="inline"><num value="i">(i)</num> <content class="inline">To carry out the purposes of this section, the Secretary is authorized to issue to the Secretary of the Treasury notes or other obligations in an aggregate amount not to exceed $800,000,000, in such forms and denominations, bearing such maturities, and subject to such terms and conditions as may be prescribed by the Secretary of the Treasury. Such notes or other obligations shall bear interest at a <sidenote><p class="indent0 firstIndent1 fontsize8">Interest rate.</p></sidenote> rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the notes or other obligations. The Secretary of the Treasury is authorized and directed to purchase any notes and other obligations issued hereunder and for that purpose he is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act; and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s774">31 USC 774.</ref></p></sidenote> the purposes for which securities may be issued under that Act are extended to include any purchase of such notes and obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this section. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States.</content></clause> <clause class="indent0 fontsize10"><num value="ii">“(ii)</num> <content>The receipts and disbursements of the fund shall not be included in the total of the Budget of the United States Government and shall be exempt from any limitation on annual expenditure or net lending.</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">“(C)</num> <content>Amounts in the fund shall be available to the Secretary for the purpose of making loans under this section and for paying interest on obligations issued under subparagraph (B). The aggregate loans made under this section in any fiscal year shall not exceed the <page identifier="/us/stat/88/671">88 <inline class="smallCaps">Stat.</inline> 671</page> limits on such lending authority established for such year in appropriation Acts.”</content></subparagraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>Section 202(a) of such Act is amended by adding at the end <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701q">12 USC 1701q.</ref></p></sidenote> thereof the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><num value="5">“(5)</num> <content>To the maximum extent practicable, the Secretary shall use the services and facilities of the private mortgage industry in servicing mortgage loans made under this section.”</content></paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>Section 202(d)(8) of such Act is amended by inserting immediately after “<quotedText>families</quotedText>” the following: “<quotedText>residing in the project or in the area</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">In determining the feasibility and marketability of a project <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701q">12 USC 1701q</ref> note.</p></sidenote> under section 202 of the Housing Act of 1959, the Secretary shall consider the availability of monthly assistance payments pursuant to section 8 of the United States Housing Act of 1937 with respect to such <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p, 662.</p></sidenote> a project.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Secretary shall insure that with the original approval of a project authorized pursuant to section 202 of the Housing Act of 1959, and thereafter at each annual revision of the assistance contract under section 8 of the United States Housing Act of 1937 with respect to units in such project, the project will serve both low- and moderate-income families in a mix which he determines to be appropriate for the area and for viable operation of the project; except that the Secretary shall not permit maintenance of vacancies to await tenants of one income level where tenants of another income level are available.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">single-family mortgage assistance</inline></heading> <num value="211"><inline class="smallCaps">Sec.</inline> 211.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau>Section 235 of the National Housing Act is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z">12 USC 1715z.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>and by $200,000,000 on July 1, 1971</quotedText>” in subsection (h)(1) and inserting in lieu thereof “<quotedText>by $200,000,000 on July 1, 1971, and by such sums as may be approved in appropriation Acts after June 30, 1974, and prior to July 1, 1976</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by adding at the end of subsection (h)(1) the following: “<quotedText>Upon the expiration of one year following the date of enactment of the Housing and Community Development Act of 1974, the Secretary shall not enter into new contracts for assistance payments under this section utilizing authority approved in appropriation Acts prior to July 1, 1974.</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by striking out paragraph (2) of subsection (h) and inserting in lieu thereof the following: <quotedContent> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>Assistance payments under this section may be made only with respect to a family whose income at the time of initial occupancy does not exceed 80 per centum of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of his findings that such variations are necessary because of prevailing levels of construction costs, unusually high or low median family incomes, or other factors.”;</content></paragraph> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>by striking out “<quotedText>prior to July 1, 1972</quotedText>” in subsection (h)(3) (B) and inserting in lieu thereof “<quotedText>on or after July 1, 1969</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>by inserting after “<quotedText>mortgage</quotedText>” in the first sentence of subsection (i)(1) the following: “<quotedText>(including advances with respect to property construction or rehabilitation pursuant to a self-help program)</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>by striking out paragraph (3)(C) of subsection (i) and inserting in lieu thereof the following:<quotedContent> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>be executed by a mortgagor who shall have paid in cash or its equivalent, on account of the property, at least an <page identifier="/us/stat/88/672">88 <inline class="smallCaps">Stat.</inline> 672</page> amount equal to 3 per centum of the Secretary’s estimate of the cost of acquisition.”; and</content></subparagraph> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>by striking out “<quotedText>October 1, 1974</quotedText>” in subsection (m) and inserting in lieu thereof “<quotedText>June 30, 1976</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 235(a) of such Act is amended by inserting after “<quotedText>this <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z">12 USC 1715z.</ref></p></sidenote> section</quotedText>” at the end of the second sentence the following: “<quotedText>or which mortgages are assisted under a State or local program providing assistance through loans, loan insurance or tax abatement</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The last proviso in section 235(b) (2) of such Act is amended by striking out “<quotedText>$18,000</quotedText>”, “<quotedText>$21,000</quotedText>”, “<quotedText>$21,000</quotedText>”, and “<quotedText>$24,000</quotedText>” and inserting in lieu thereof “<quotedText>$21,600</quotedText>”, “<quotedText>$25,200</quotedText>”, “<quotedText>$25,200</quotedText>”, and “<quotedText>$28,800</quotedText>”, respectively.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 235(i) (3) (B) of such Act is amended by striking out “<quotedText>$18,000</quotedText>”, “<quotedText>$21,000</quotedText>”, “<quotedText>$21,000</quotedText>”, and “<quotedText>$24,000</quotedText>” and inserting in lieu thereof “<quotedText>21,600</quotedText>”, “<quotedText>$25,200</quotedText>”, “<quotedText>$25,200</quotedText>”, and “<quotedText>$28,800</quotedText>”, respectively.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">multifamily mortgage assistance</inline></heading> <num value="212"><inline class="smallCaps">Sec.</inline> 212.</num> <chapeau>Section 236 of the National Housing Act is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z–1">12 USC 1715z–1.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by inserting “<quotedText>(1)</quotedText>” after “<quotedText>(f)</quotedText>” at the beginning of subsection (f), and by redesignating clauses (1) and (2) of such subsection as clauses (A) and (B), respectively;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by adding at the end of subsection (f) (1) the following: <quotedContent> <paragraph class="firstIndent0 fontsize10"><chapeau>“With respect to those projects which the Secretary determines have separate utility metering for some or all dwelling units, the Secretary is authorized—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>to permit the basic rental charge and the fair market rental charge to be determined on the basis of operating the project without the payment of the cost of utility services used by such dwelling units; and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>to permit the charging of a rental for such dwelling units at such an amount less than 25 per centum of a tenant’s income as the Secretary determines represents a proportionate decrease for the utility charges to be paid by such tenant, but in no case shall such rental be lower than 20 per centum of a tenant’s income.</content></clause></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <chapeau>With respect to 20 per centum of the dwelling units in any project made subject to a contract under this section after the date of enactment of the Housing and Community Development Act of 1974, the Secretary shall make, and contract to make, additional assistance payments to the project owner on behalf of tenants whose incomes are too low for them to afford the basic rentals with 25 per centum of their income or such lower per centum as may be established pursuant to the provisions of clause (ii) of the last sentence of paragraph (1). The additional assistance payments authorized by this paragraph with respect to any dwelling unit shall be the amount required to reduce the rental payment by the tenant to 25 per centum of the tenant’s income or such lower per centum as may be established pursuant to the provisions of clause (ii) of the last sentence of paragraph (1). In no case shall such rental payment be reduced below an amount equal to utility costs attributable to the unit occupied by the tenant, unless the Secretary determines that the application of this requirement in any area would result in undue hardship because of unusually high utility costs prevailing seasonally or otherwise in such area. Notwithstanding the foregoing provisions of this paragraph, the Secretary may—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>reduce such 20 per centum requirement in the case of any project if he determines that such action is necessary to assure the economic viability of the project; or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>increase such 20 per centum requirement in the case of any project if he determines that such action is necessary and feasible <page identifier="/us/stat/88/673">88 <inline class="smallCaps">Stat.</inline> 673</page> in order to assure, insofar as is practicable, that there is in the project a reasonable range in the income levels of tenants, or that such action is to be taken to meet the housing needs of elderly or handicapped families.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>For each project there shall be established an initial operating expense level, which shall be the sum of the cost of utilities and local property taxes payable by the project owner at the time the Secretary determines the property to be fully occupied, taking into account anticipated and customary vacancy rates. At any time subsequent to the establishment of an initial operating expense level, the Secretary is authorized to make, and contract to make, additional assistance payments to the project owner in an amount up to the amount by which the sum of the cost of utilities and local property taxes exceeds the initial operating expense level, but not to exceed the amount required to maintain the basic rentals of any units at levels not in excess of 30 per centum, or such lower per centum not less than 25 per centum as shall reflect the reduction permitted in clause (ii) of the last sentence of paragraph (1), of the income of tenants occupying such units. Any contract to make additional assistance payments may be amended periodically to provide for appropriate adjustments in the amount of the assistance payments. Additional assistance payments shall be made pursuant to this paragraph only if the Secretary finds that the increase in the cost of utilities or local property taxes, is reasonable and is comparable to cost increases affecting other rental projects in the community.”;</content></paragraph> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by striking out subsection (g) and inserting in lieu thereof <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z–1">12 USC 1715z–1.</ref></p></sidenote> the following: <quotedContent> <subsection class="indent0 fontsize10"><num value="g">“(g)</num> <content>The project owner shall, as required by the Secretary, accumulate, safeguard, and periodically pay to the Secretary all rental charges collected in excess of the basic rental charges. Such excess charges shall be credited to a reserve fund to be used by the Secretary to make additional assistance payments as provided in paragraph (3) of subsection (f). During any period that the Secretary determines that the balance in the reserve fund is adequate to meet the estimated additional assistance payments, such excess charges shall be credited to the appropriation authorized by subsection (i) and shall be available until the end of the next fiscal year for the purpose of making assistance payments with respect to rental housing projects receiving assistance under this section. For the purpose of this subsection and paragraph (3) of subsection (f), the initial operating expense level for any project assisted under a contract entered into prior to the date of enactment of the Housing and Community Development Act of 1974 shall be established by the Secretary not later than 180 days after the date of enactment of such Act.”;</content></subsection> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>by striking out “<quotedText>and by $200,000,000 on July 1, 1971</quotedText>” in subsection (i) (1) and inserting in lieu thereof “<quotedText>by $200,000,000 on July 1, 1971, and by $75,000,000 on July 1, 1974</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>by striking out paragraphs (2) and (3) of subsection (i) and inserting in lieu thereof the following: <quotedContent> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>Contracts for assistance payments under this section may be entered into only with respect to tenants whose incomes do not exceed 80 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of his findings that such variations are necessary because of prevailing levels of construction costs, unusually high or low family incomes, or other factors.</content></paragraph> <page identifier="/us/stat/88/674">88 <inline class="smallCaps">Stat.</inline> 674</page> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>Not less than 10 per centum of the total amount of contracts for assistance payments authorized by appropriation Acts to be made after June 30, 1974, shall be available for use only with respect to dwellings, or dwelling units in projects, which are approved by the Secretary prior to rehabilitation.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <content>At least 20 per centum of the total amount of contracts for assistance payments authorized in appropriation Acts to be made after June 30, 1974, shall be available for use only with respect to projects which are planned in whole or in part for occupancy by elderly or handicapped families. As used in this paragraph, the term ‘elderly families’ means families which consist of two or more persons the head of which (or his spouse) is sixty-two years of age or over or is handicapped. Such term also means a single person who is sixty-two years of age or over or is handicapped. A person shall be considered handicapped if such person is determined, pursuant to regulations issued by the Secretary, to have an impairment which (A) is expected to be of long-continued and indefinite duration, (B) substantially impedes his ability to live independently, and (C) is of such a nature that such ability could be improved by more suitable housing conditions.”;</content></paragraph> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>by striking out “<quotedText>October 1, 1974</quotedText>” in subsection (n) and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z–1">12 USC 1715z–1.</ref></p></sidenote> inserting in lieu thereof “<quotedText>June 30, 1976</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>by adding at the end thereof the following: <quotedContent> <subsection class="indent0 fontsize10"><num value="p">“(p)</num> <content>The Secretary is authorized to enter into contracts with State or local agencies approved by him to provide for the monitoring and supervision by such agencies of the management by private sponsors of projects assisted under this section. Such contracts shall require that such agencies promptly report to the Secretary any deficiencies in the management of such projects in order to enable the Secretary to take corrective action at the earliest practicable time.”</content></subsection> </quotedContent> </content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">local housing assistance plans; allocation of housing funds</inline></heading> <num value="213"><inline class="smallCaps">Sec.</inline> 213.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">The Secretary of Housing and Urban Development, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1439">42 USC 1439.</ref></p></sidenote> upon receiving an application for housing assistance under the <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p, 653.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z/s1715z–1">12 USC 1715z, 1715z–1.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701s">12 USC 1701s</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701q">12 USC 1701q.</ref></p></sidenote> United States Housing Act of 1937, section 235 or 236 of the National Housing Act, section 101 of the Housing and Urban Development Act of 1965, or section 202 of the Housing Act of 1959, if the unit of general local government in which the proposed assistance is to be provided has an approved housing assistance plan, shall—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>not later than ten days after receipt of the application, notify the chief executive officer of such unit of general local government that such application is under consideration; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>afford such unit of general local government the opportunity, during the thirty-day period beginning on the date of such notification, to object to the approval of the application on the grounds that the application is inconsistent with its housing assistance plan.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>If the unit of general local government objects to the application on the grounds that it is inconsistent with its housing assistance plan, the Secretary may not approve the application unless he determines that the application is consistent with such housing assistance plan. If the Secretary determines, that such application is consistent with the housing assistance plan, he shall notify the chief executive officer of the unit of general local government of his determination and the reasons therefor in writing. If the Secretary concurs with the objection of the unit of local government, he shall notify the applicant stating the reasons therefor in writing.</content></paragraph> <page identifier="/us/stat/88/675">88 <inline class="smallCaps">Stat.</inline> 675</page> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>If the Secretary does not receive an objection by the close of the period referred to in paragraph (1)(B), he may approve the application unless he finds it inconsistent with the housing assistance plan. If the Secretary determines that an application is inconsistent with a housing assistance plan, he shall notify the applicant stating the reasons therefor in writing.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>The Secretary shall make the determinations referred to in paragraphs (2) and (3) within thirty days after he receives an objection pursuant to paragraph (1)(B) or within thirty days after the close of the period referred to in paragraph (1)(B), whichever is earlier.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>As used in this section, the term “housing assistance plan” <sidenote><p class="indent0 firstIndent1 fontsize8">“Housing assistance plan.”</p></sidenote> means a housing assistance plan submitted and approved under section 104 of this Act or, in the case of a unit of general local government not participating under title I of this Act, a housing plan approved by the Secretary as meeting the requirements of this section.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>The provisions of subsection (a) shall not apply to—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>applications for assistance involving 12 or fewer units in a single project or development;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>applications for assistance with respect to housing in new community developments approved under title IV of the Housing and Urban Development Act of 1968 or title VII of the Housing <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3901">42 USC 3901.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4501">42 USC 4501.</ref></p></sidenote> and Urban Development Act of 1970 which the Secretary determines are necessary to meet the housing requirements under such title; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>applications for assistance with respect to housing financed by loans or loan guarantees from a State or agency thereof, except that the provisions of subsection (a) shall apply where the unit of general local government in which the assistance is to be provided objects in its housing assistance plan to the exemption provided by this paragraph.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>For areas in which an approved local housing assistance plan is not applicable, the Secretary shall not approve an application for housing assistance unless he determines that there is a need for such assistance, taking into consideration any applicable State housing plans, and that there is or will be available in the area public facilities and services adequate to serve the housing proposed to be assisted. The Secretary shall afford the unit of general local government in which the assistance is to be provided an opportunity, during a 30-day period following receipt of an application by him, to provide comments or information relevant to the determination required to be made by the Secretary under this subsection.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">In allocating financial assistance under the provisions of law specified in subsection (a) of this section, the Secretary, so far as practicable, shall consider the relative needs of different areas and communities as reflected in data as to population, poverty, housing overcrowding, housing vacancies, amount of substandard housing, or other objectively measurable conditions, subject to such adjustments as may be necessary to assist in carrying out activities designed to meet lower income housing needs as described in approved housing assistance plans submitted by units of general local government or combinations of such units assisted under section 107(a)(2) of this Act. The amount of assistance allocated to nonmetropolitan areas pursuant to this section in any fiscal year shall not be less than 20 nor more than 25 per centum of the total amount of such assistance.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>In order to facilitate the provision of, and long-range planning for, housing for persons of low- and moderate-income in new community developments approved under title IV of the Housing and Urban Development Act of 1968 and title VII of the Housing and Urban <page identifier="/us/stat/88/676">88 <inline class="smallCaps">Stat.</inline> 676</page> Development Act of 1970, the Secretary shall reserve such housing <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4501">42 USC 4501.</ref></p></sidenote> assistance funds as he deems necessary for use in connection with such new community developments.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The Secretary may reserve such housing assistance funds as he deems appropriate for use by a State or agency thereof.</content></paragraph></subsection> </section> <num value="III">TITLE III—</num><heading class="inline">MORTGAGE CREDIT ASSISTANCE</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">insured advances</inline></heading> <num value="301"><inline class="smallCaps">Sec.</inline> 301.</num> <content>Title V of the National Housing Act is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“advances</inline></heading> <num value="525"><inline class="smallCaps">“Sec.</inline> 525.</num> <content>The Secretary is authorized to insure mortgage proceeds <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1735f–3">12 USC 1735f–3.</ref></p></sidenote> advanced during construction or rehabilitation or otherwise prior to final endorsement of a project mortgage for the purpose of (1) financing improvements to the property and the purchase of materials and building components delivered to the property, and (2) providing funds to cover the cost of building components where such components have been assembled and specifically identified for incorporation into the property but are located at a site other than the mortgaged property, with such security as the Secretary may require.”</content></section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">increase in maximum mortgage amounts under fha one- to four-family mortgage insurance programs</inline></heading> <num value="302"><inline class="smallCaps">Sec.</inline> 302.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 203(b)(2) of the National Housing Act is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1709">12 USC 1709.</ref></p></sidenote> amended by striking out “<quotedText>$33,000</quotedText>”, “<quotedText>$35,750</quotedText>”, and “<quotedText>$41,250</quotedText>” wherever they appear and inserting in lieu thereof “<quotedText>$45,000</quotedText>”, “<quotedText>$48,750</quotedText>”, and “<quotedText>$56,000</quotedText>”, respectively.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 220(d)(3)(A) of such Act is amended by striking out <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715k">12 USC 1715k.</ref></p></sidenote> “<quotedText>$33,000</quotedText>”, “<quotedText>$35,750</quotedText>”, and “<quotedText>$41,250</quotedText>” wherever they appear and inserting in lieu thereof “<quotedText>$45,000</quotedText>”, “<quotedText>$48,750</quotedText>”, and “<quotedText>$56,000</quotedText>”, respectively.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>Section 221(d)(2)(A) of such Act is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715l">12 USC 1715<i>l</i>.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>$18,000</quotedText>”, “<quotedText>$21,000</quotedText>”, “<quotedText>$24,000</quotedText>”, “<quotedText>$32,400</quotedText>”, and “<quotedText>$39,600</quotedText>” in the matter preceding the first proviso and inserting in lieu thereof “<quotedText>$21,600</quotedText>”, “<quotedText>$25,200</quotedText>”, “<quotedText>28,000</quotedText>”, “<quotedText>$38,880</quotedText>”, and “<quotedText>$47,520</quotedText>”, respectively; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>$21,000</quotedText>”, “<quotedText>$24,000</quotedText>”, “<quotedText>$30,000</quotedText>”, “<quotedText>$38,400</quotedText>”, and “<quotedText>$45,600</quotedText>” in the second proviso and inserting in lieu thereof “<quotedText>$25,200</quotedText>”, “<quotedText>$28,800</quotedText>”, “<quotedText>$36,000</quotedText>”, “<quotedText>$46,080</quotedText>”, and “<quotedText>$54,720</quotedText>”, respectively.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Section 222(b)(2) of such Act is amended by striking out <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715m">12 USC 1715m.</ref></p></sidenote> “<quotedText>$33,000</quotedText>” and inserting in lieu thereof “<quotedText>$45,000</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>Section 234(c) of such Act is amended by striking out “<quotedText>$33,000</quotedText>” <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715y">12 USC 1715y.</ref></p></sidenote> and inserting in lieu thereof “<quotedText>$45,000</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">increase in maximum mortgage amounts under fha multifamily mortgage insurance programs</inline></heading> <num value="303"><inline class="smallCaps">Sec.</inline> 303.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 207(c)(3) of the National Housing Act is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1713">12 USC 1713.</ref></p></sidenote> amended by striking out “<quotedText>$9,900</quotedText>”, “<quotedText>$13,750</quotedText>”, “<quotedText>$16,500</quotedText>”, “<quotedText>$20,350</quotedText>”, “<quotedText>$23,100</quotedText>”, and “<quotedText>$2,500</quotedText>” in the matter preceding the first semicolon and inserting in lieu thereof “<quotedText>$13,000</quotedText>”, “<quotedText>$18,000</quotedText>”, “<quotedText>$21,500</quotedText>”, “<quotedText>$26,500</quotedText>”, “<quotedText>$30,000</quotedText>”, and “<quotedText>$8,250</quotedText>”, respectively.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 207(c)(3) of such Act is further amended by striking out “<quotedText>$11,550</quotedText>”, “<quotedText>$16,500</quotedText>”, “<quotedText>$19,800</quotedText>”, “<quotedText>$24,750</quotedText>”, and “<quotedText>$28,050</quotedText>” in the <page identifier="/us/stat/88/677">88 <inline class="smallCaps">Stat.</inline> 677</page> matter following the first semicolon and inserting in lieu thereof “<quotedText>$15,000</quotedText>”, “<quotedText>21,000</quotedText>”, “<quotedText>$25,750</quotedText>”, “<quotedText>$32,250</quotedText>”, and “<quotedText>$36,465</quotedText>”, respectively.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 213(b)(2) of such Act is amended by striking out <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715e">12 USC 1715e.</ref></p></sidenote> “<quotedText>$9,900</quotedText>”, “<quotedText>$13,750</quotedText>”, “<quotedText>$16,500</quotedText>”, “<quotedText>$20,350</quotedText>”, and “<quotedText>$23,100</quotedText>” in the matter preceding the first proviso and inserting in lieu thereof “<quotedText>$13,000</quotedText>”, “<quotedText>$18,000</quotedText>”, “<quotedText>$21,500</quotedText>”, “<quotedText>$26,500</quotedText>”, and “<quotedText>$30,000</quotedText>”, respectively.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 213(b)(2) of such Act is further amended by striking out “<quotedText>$11,550</quotedText>”, “<quotedText>$16,500</quotedText>”, “<quotedText>$19,800</quotedText>”, “<quotedText>$24,750</quotedText>”, and “<quotedText>$28,050</quotedText>” in the first proviso and inserting in lieu thereof “<quotedText>$15,000</quotedText>”, “<quotedText>$21,000</quotedText>”, “<quotedText>$25,750</quotedText>”, “<quotedText>$32,250</quotedText>”, and “<quotedText>$36,465</quotedText>”, respectively.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 220(d)(3)(B)(iii) of such Act is amended by striking <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715k">12 USC 1715k.</ref></p></sidenote> out “<quotedText>$9,900</quotedText>”, “<quotedText>$13,750</quotedText>”, “<quotedText>$16,500</quotedText>”, “<quotedText>$20,350</quotedText>”, and “<quotedText>$23,100</quotedText>” in the matter preceding “except” where it first appears and inserting in lieu thereof “<quotedText>$13,000</quotedText>”, “<quotedText>$18,000</quotedText>”, “<quotedText>$21,500</quotedText>”, “<quotedText>$26,500</quotedText>”, and “<quotedText>$30,000</quotedText>”, respectively.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 220(d)(3)(B)(iii) of such Act is further amended by striking out “<quotedText>$11,550</quotedText>”, “<quotedText>$16,500</quotedText>”, “<quotedText>$19,800</quotedText>”, “<quotedText>$24,750</quotedText>”, and “<quotedText>$28,050</quotedText>” in the matter following “except” where it first appears and inserting in lieu thereof “<quotedText>$15,000</quotedText>”, “<quotedText>$21,000</quotedText>”, “<quotedText>$25,750</quotedText>”, “<quotedText>$32,250</quotedText>” and “<quotedText>$36,465</quotedText>”, respectively.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <chapeau>Section 221(d)(3)(ii) of such Act is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715l">12 USC 1715<i>l</i>.</ref></p></sidenote></chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>by striking out “<quotedText>$9,200</quotedText>”, “<quotedText>$12,937.50</quotedText>”, “<quotedText>$15,525</quotedText>”, “<quotedText>$19,550</quotedText>”, and “<quotedText>$22,137.50</quotedText>” and inserting in lieu thereof “<quotedText>$11,240</quotedText>”, “<quotedText>$15,540</quotedText>”, “<quotedText>$18,630</quotedText>”, “<quotedText>$23,460</quotedText>”, and “<quotedText>$26,570</quotedText>”, respectively; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>by striking out “<quotedText>$10,925</quotedText>”, “<quotedText>$13,500</quotedText>”, “<quotedText>$18,400</quotedText>”, “<quotedText>$23,000</quotedText>”, and “<quotedText>$26,162.50</quotedText>” and inserting in lieu thereof “<quotedText>$13,120</quotedText>”, “<quotedText>$16,200</quotedText>”, “<quotedText>$22,080</quotedText>”, “<quotedText>$27,600</quotedText>”, and “<quotedText>$32,000</quotedText>”, respectively.</content></subparagraph></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 221(d)(4)(ii) of such Act is amended by striking out “<quotedText>$9,200</quotedText>”, “<quotedText>$12,937.50</quotedText>”, “<quotedText>$15,525</quotedText>”, “<quotedText>$19,550</quotedText>”, and “<quotedText>$22,137.50</quotedText>” in the matter preceding the first semicolon and inserting in lieu thereof “<quotedText>$12,300</quotedText>”, “<quotedText>$17,188</quotedText>”, “<quotedText>$20,525</quotedText>”, “<quotedText>$24,700</quotedText>”, and “<quotedText>$29,038</quotedText>”, respectively.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 221(d)(4)(ii) of such Act is further amended by striking out “<quotedText>$10,525</quotedText>”, “<quotedText>$15,525</quotedText>”, “<quotedText>$18,400</quotedText>”, “<quotedText>$23,000</quotedText>”, and “<quotedText>$26,162.50</quotedText>” in the matter following the first semicolon and inserting in lieu thereof “<quotedText>$13,975</quotedText>”, “<quotedText>$20,025</quotedText>”, “<quotedText>$24,350</quotedText>”, “<quotedText>$31,500</quotedText>”, and “<quotedText>$34,578</quotedText>”, respectively.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 231(c)(2) of such Act is amended by striking out <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715v">12 USC 1715v.</ref></p></sidenote> “<quotedText>$8,800</quotedText>”, “<quotedText>$12,375</quotedText>”, “<quotedText>$14,850</quotedText>”, “<quotedText>$18,700</quotedText>”, and “<quotedText>$21,175</quotedText>” in the matter preceding the first semicolon and inserting in lieu thereof “<quotedText>$12,300</quotedText>”, “<quotedText>$17,188</quotedText>”, “<quotedText>$20,525</quotedText>”, “<quotedText>$24,700</quotedText>”, and “<quotedText>$29,038</quotedText>”, respectively.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 231(c)(2) of such Act is further amended by striking out “<quotedText>$10,450</quotedText>”, “<quotedText>$14,850</quotedText>”, “<quotedText>$17,600</quotedText>”, “<quotedText>$22,000</quotedText>”, and “<quotedText>$25,025</quotedText>” in the matter following the first semicolon and inserting in lieu thereof “<quotedText>$13,975</quotedText>”, “<quotedText>$20,025</quotedText>”, “<quotedText>$24,350</quotedText>”, “<quotedText>$31,500</quotedText>”, and “<quotedText>$34,578</quotedText>”, respectively.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 234(e)(3) of such Act is amended by striking out <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715y">12 USC 1715y.</ref></p></sidenote> “<quotedText>$9,900</quotedText>”, “<quotedText>$13,750</quotedText>”, “<quotedText>$16,500</quotedText>”, “<quotedText>$20,350</quotedText>”, and “<quotedText>$23,100</quotedText>” in the matter preceding the first proviso and inserting in lieu thereof “<quotedText>$13,000</quotedText>”, “<quotedText>$18,000</quotedText>”, “<quotedText>$21,500</quotedText>”, “<quotedText>$26,500</quotedText>”, and “<quotedText>$30,000</quotedText>”, respectively.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 234(e)(3) of such Act is further amended by striking out “<quotedText>$11,550</quotedText>”, “<quotedText>$16,500</quotedText>”, “<quotedText>$19,800</quotedText>”, “<quotedText>$24,750</quotedText>”, and “<quotedText>$28,050</quotedText>” in the first proviso and inserting in lieu thereof “<quotedText>$15,000</quotedText>”, “<quotedText>$21,000</quotedText>”, “<quotedText>$25,750</quotedText>”, “<quotedText>$32,250</quotedText>”, and “<quotedText>$36,465</quotedText>”, respectively.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">elimination of project mortgage dollar limits</inline></heading> <num value="304"><inline class="smallCaps">Sec.</inline> 304.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 207(c) of the National Housing Act is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1713">12 USC 1713.</ref></p></sidenote> amended by striking out paragraph (1).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 207(c)(3) of such Act is amended by striking out “<quotedText>or $1,000,000 per mortgage for trailer courts or parks</quotedText>”.</content></paragraph></subsection> <page identifier="/us/stat/88/678">88 <inline class="smallCaps">Stat.</inline> 678</page> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 213(b) of such Act is amended by striking out <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715e">12 USC 1715e.</ref></p></sidenote> paragraph (1).</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Section 213(c) of such Act is amended by striking out “<quotedText>not to exceed $12,500,000 and</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Section 220(d)(3)(B) of such Act is amended by striking out <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715k">12 USC 1715k.</ref></p></sidenote> clause (i).</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <chapeau>Section 221(d) of such Act is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715l">12 USC 1715<i>l</i>.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out clause (i) in paragraph (3); and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out clause (i) in paragraph (4).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>Section 231(c) of such Act is amended by striking out <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715v">12 USC 1715v.</ref></p></sidenote> paragraph (1).</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>Section 232(d)(2) of such Act is amended by striking out “<quotedText>not <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715w">12 USC 1715w.</ref></p></sidenote> to exceed $12,500,000, and</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num> <content>Section 234(e) of such Act is amended by striking out <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715y">12 USC 1715y.</ref></p></sidenote> paragraph (1).</content></subsection> <subsection class="indent0 fontsize10"><num value="i">(i)</num> <content>Section 242(d)(2) of such Act is amended by striking out “<quotedText>not <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z–7">12 USC 1715z–7.</ref></p></sidenote> to exceed $50,000,000, and</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="j">(j)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 810(f) of such Act is amended by striking out <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1748h–2">12 USC 1748h–2.</ref></p></sidenote> “<quotedText>(1) not to exceed $5,000,000 or (2)</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 810(g) of such Act is amended by striking out “<quotedText>not to exceed $5,000,000 and</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="k">(k)</num> <content>Section 1002(c) of such Act is amended by striking out the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1749bb">12 USC 1749bb.</ref></p></sidenote> second sentence.</content></subsection> <subsection class="indent0 fontsize10"><num value="l">(l)</num> <content>Section 1101(c) of such Act is amended by striking out paragraph <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1749aaa">12 USC 1749aaa.</ref></p></sidenote> (1).</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">energy conservation</inline></heading> <num value="305"><inline class="smallCaps">Sec.</inline> 305.</num> <content>Title V of the National Housing Act (as amended by section 301 of this Act) is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“energy conservation</inline></heading> <num value="526"><inline class="smallCaps">“Sec.</inline> 526.</num> <content>To the maximum extent feasible, the Secretary of Housing <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1735f–4">12 USC 1735f–4.</ref></p></sidenote> and Urban Development shall promote the use of energy saving techniques through minimum property standards established by him for newly constructed residential housing subject to mortgages insured under this Act.”</content></section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">compensation for defects</inline></heading> <num value="306"><inline class="smallCaps">Sec.</inline> 306.</num> <content>Section 518(b) of the National Housing Act is amended to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1735b">12 USC 1735b.</ref></p></sidenote> read as follows:<quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The Secretary is authorized to make expenditures to correct, or to reimburse the owner for the correction of, structural or other major defects which so seriously affect use and livability as to create a serious danger to the life or safety of inhabitants of any one or two family dwelling which is covered by a mortgage insured under section 235 of this Act or which is located in an older, declining urban area and is covered by a mortgage insured under section 203 or 221 on or <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1709/s1715l">12 USC 1709, 1715<i>l</i>.</ref></p></sidenote> after August 1, 1968, but prior to January 1, 1973, and which is more than one year old on the date of the issuance of the insurance commitment, if (1) the owner requests assistance from the Secretary not later than one year after the insurance of the mortgage, or, in the case of a dwelling covered by a mortgage insured under section 203 or 221 the insurance commitment for which was issued on or after August 1, 1968, but prior to January 1, 1973, not more than one year after the date of enactment of the Housing and Community Development Act of 1974, and (2) the defect is one that existed on the date of the issuance of the insurance commitment and is one that a proper inspection could reasonably be expected to disclose. The Secretary may require from the <page identifier="/us/stat/88/679">88 <inline class="smallCaps">Stat.</inline> 679</page> seller of any such dwelling an agreement to reimburse him for any payments made pursuant to this subsection with respect to such dwelling. Expenditures pursuant to this subsection shall be the obligation of the Special Risk Insurance Fund.”</content></subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">co-insurance</inline></heading> <num value="307"><inline class="smallCaps">Sec.</inline> 307.</num> <content>Title II of the National Housing Act is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“co-insurance</inline></heading> <num value="244"><inline class="smallCaps">“Sec.</inline> 244.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">In addition to providing insurance as otherwise <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z–9">12 USC 1715z–9.</ref></p></sidenote> authorized under this Act, and notwithstanding any other provision of this Act inconsistent with this section, the Secretary, upon request of any mortgagee and for such mortgage insurance premium as he may prescribe (which premium, or other charges to be paid by the mortgagor, shall not exceed the premium, or other charges, that would otherwise be applicable), may insure and make a commitment to insure under any provision of this title any mortgage, advance, or loan otherwise eligible under such provision, pursuant to a co-insurance contract providing that the mortgagee will—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>assume a percentage of any loss on the insured mortgage, advance, or loan in direct proportion to the amount of the co-insurance, which co-insurance shall not be less than 10 per centum, subject to any reasonable limit or limits on the liability of the mortgagee that may be specified in the event of unusual or catastrophic losses that may be incurred by any one mortgagee; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>carry out (under a delegation or otherwise and with or without compensation but subject to audit, exception, or review requirements) such credit approval, appraisal, inspection, commitment, property disposition, or other functions as the Secretary, pursuant to regulations, shall approve as consistent with the purposes of this Act.</content></paragraph> <continuation class="indent0 fontsize10">Any contract of co-insurance under this section shall contain such provisions relating to the sharing of premiums on a sound actuarial basis, establishment of mortgage reserves, manner of calculating insurance benefits, conditions with respect to foreclosure, handling and disposition of property prior to claim or settlement, rights of assignees (which may elect not to be subject to the loss sharing provisions), and other similar matters as the Secretary may prescribe pursuant to regulations.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>No insurance shall be granted pursuant to this section with respect to dwellings or projects approved for insurance prior to the beginning of construction unless the inspection of such construction is conducted in accordance with at least the minimum standards and criteria used with respect to dwellings or projects approved for mortgage insurance pursuant to other provisions of this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>No insurance shall be granted pursuant to this section unless the Secretary has, after due consultation with the mortgage lending industry, determined that the demonstration program of co-insurance authorized by this section will not disrupt the mortgage market or reduce the availability of mortgage credit to borrowers who depend upon mortgage insurance provided under this Act.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <chapeau>No mortgage, advance, or loan shall be insured pursuant to this section after June 30, 1977, except pursuant to a commitment to insure made before that date. The aggregate principal amount of mortgages and loans insured pursuant to this section in any fiscal year <page identifier="/us/stat/88/680">88 <inline class="smallCaps">Stat.</inline> 680</page> beginning on or after July 1, 1974, and ending prior to October 1, 1977, shall not exceed 20 per centum of the aggregate principal amount of all mortgages and loans insured under this title during such fiscal year. The overall percentage limitation specified in the preceding sentence shall also apply separately within each of the following categories—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>mortgages and loans covering one- to four-family dwellings; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>mortgages and loans covering projects with five or more dwelling units.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <content>The Secretary shall not withdraw, deny, or delay insurance otherwise authorized under any other provision of this Act by reason of the availability of insurance pursuant to this section. The Secretary shall exercise his authority under this section only to the extent that he finds that the continued exercise of such authority will not adversely affect the flow of mortgage credit to older and declining neighborhoods and to the purchasers of older and lower cost housing.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <content>The Secretary shall submit to the Congress a report, not later <sidenote><p class="indent0 firstIndent1 fontsize8">Report to Congress.</p></sidenote> than March 1, 1975, and annually thereafter, describing operations under this section, including the extent of mortgage participation and any special problems encountered, particularly with respect to the flow of mortgage credit to older and declining neighborhoods and to purchasers of older and lower cost housing, and setting forth any recommendations he may deem appropriate with respect to the continuation or modification of the authority contained in this section. If the Secretary shall fail to submit any such report by the date due, his authority under this section shall terminate.”</content></subsection></section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">experimental financing</inline></heading> <num value="308"><inline class="smallCaps">Sec.</inline> 308.</num> <content>Title II of the National Housing Act (as amended by section 307 of this Act) is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“experimental financing</inline></heading> <num value="245"><inline class="smallCaps">“Sec.</inline> 245.</num> <content>The Secretary may insure on an experimental basis under <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z–10">12 USC 1715z–10.</ref></p></sidenote> any provision of this title mortgages and loans with provisions of varying rates of amortization corresponding to anticipated variations in family income to the extent he determines such mortgages or loans (1) have promise for expanding housing opportunities or meet special needs, (2) can be developed to include any safeguards for mortgagors or purchasers that may be necessary to offset special risks of such mortgages, and (3) have a potential for acceptance in the private market. The outstanding aggregate principal amount of mortgages which are insured pursuant to this section may not exceed 1 per centum of the outstanding aggregate principal amount of mortgages and loans estimated to be insured during any fiscal year under this title. A mortgage or loan may not be insured pursuant to this section after June 30, 1976, except pursuant to a commitment entered into prior to such date.”</content></section></quotedContent></content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">property improvement and mobile home loans</inline></heading> <num value="309"><inline class="smallCaps">Sec.</inline> 309.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Section 2(b) of the National Housing Act is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1703">12 USC 1703.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>$5,000</quotedText>” in clause (1) and inserting in lieu thereof “<quotedText>$10,000</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>if such obligation</quotedText>” in clause (2) and all that follows down through “<quotedText>the general economy, and</quotedText>” and inserting in lieu thereof the following: “<quotedText>if such obligation has a maturity in excess of twelve years and thirty-two days, except that</quotedText>”;</content></paragraph> <page identifier="/us/stat/88/681">88 <inline class="smallCaps">Stat.</inline> 681</page> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by striking out “<quotedText>twelve years and thirty-two days (fifteen years and thirty-two days in the case of a mobile home composed of two or more modules)</quotedText>” in the proviso in clause (2) and inserting in lieu thereof “<quotedText>fifteen years and thirty-two days</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>by striking out “<quotedText>$15,000</quotedText>”, “<quotedText>$2,500</quotedText>”, and “<quotedText>seven years</quotedText>” in the third proviso in clause (3) and inserting in lieu thereof “<quotedText>$25,000</quotedText>”, “<quotedText>$5,000</quotedText>”, and “<quotedText>twelve years</quotedText>”, respectively.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 2(a) of such Act is amended by adding at the end <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1703">12 USC 1703.</ref></p></sidenote> thereof the following new paragraph:<quotedContent> <subsection class="indent0 fontsize10"><chapeau>“Alterations, repairs, and improvements upon or in connection with existing structures may include the provision of fire safety equipment, energy conserving improvements, or the installation of solar energy systems. As used in this section—<sidenote><p class="indent0 firstIndent1 fontsize8">Definitions.</p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>the term ‘fire safety equipment’ means any device or facility which is designed to reduce the risk of personal injury or property damage resulting from fire and is in conformity with such criteria and standards as shall be prescribed by the Secretary;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>the term ‘energy conserving improvements’ means any addition, alteration, or improvement to an existing or new structure which is designed to reduce the total energy requirements of that structure, and which is in conformity with such criteria and standards as shall be prescribed by the Secretary in consultation with the National Bureau of Standards; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>the term ‘ solar energy system’ means any addition, alteration, or improvement to an existing or new structure which is designed to utilize solar energy to reduce the energy requirements of that structure from other energy sources, and which is in conformity with such criteria and standards as shall be prescribed by the Secretary in consultation with the National Bureau of Standards.”</content></paragraph></subsection></quotedContent></content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The first sentence of section 2(a) of such Act is amended by inserting before the period at the end thereof the following: “<quotedText>or financing the purchase of a lot on which to place such home and paying expenses reasonably necessary for the appropriate preparation of such lot, including the installation of utility connections, sanitary facilities, and paving, and the construction of a suitable pad, or financing only the acquisition of such a lot either with or without such preparation by an owner of a mobile home.</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Section 2(b) of such Act is amended by adding at the end thereof the following new sentence: “<quotedText>Notwithstanding the foregoing limitations, any loan to finance fire safety equipment for a nursing home, extended health care facility, intermediate health care facility, or other comparable health care facility may involve such principal amount and have such maturity as the Secretary may prescribe.</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Clause (i) in the first paragraph of section 2(a) of such Act is amended by inserting “<quotedText>or mobile homes</quotedText>” immediately after “<quotedText>in connection with existing structures</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Section 2(b) of such Act (as amended by subsection (b)(3) of this section) is amended by adding at the end thereof the following new paragraphs:<quotedContent> <paragraph class="indent0 fontsize10"><chapeau>“Notwithstanding the limitations contained in the first proviso to clause (2) of the preceding sentence, a loan financing the purchase of a mobile home and an undeveloped lot on which to place the home shall—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>involve an amount not exceeding (i) the maximum amount under clause (1) of the first paragraph of this subsection, and (ii) such amount not to exceed $5,000 as may be necessary to cover the cost of purchasing the lot; and</content></subparagraph> <page identifier="/us/stat/88/682">88 <inline class="smallCaps">Stat.</inline> 682</page> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>have a maturity not exceeding fifteen years and thirty-two days (twenty years and thirty-two days in the case of a mobile home composed of two or more modules).</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><chapeau>“A loan financing the purchase of a mobile home and a suitably developed lot on which to place the home shall—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>involve an amount not exceeding (i) the maximum amount under clause (1) of the first paragraph of this subsection, and (ii) such amount not to exceed $7,500 as may be necessary to cover the cost of purchasing the lot; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>have a maturity not exceeding fifteen years and thirty-two days (twenty years and thirty-two days in the case of a mobile home composed of two or more modules).</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><chapeau>“A loan financing the purchase, by an owner of a mobile home which is the principal residence of that owner, of only a lot on which to place that mobile home shall—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>involve such an amount as may be necessary to cover the cost of purchasing the lot but not exceeding (i) $5,000 in the case of an undeveloped lot, or (ii) $7,500 in the case of a developed lot; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>have a maturity not exceeding ten years and thirty-two days.</content></subparagraph> <continuation class="indent0 fontsize10">A mobile home lot loan may be made only if the owner certifies that he will place his mobile home on the lot acquired with such loan within six months after the date of such loan.”</continuation></paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>The last sentence of section 3(a) of the Act entitled “An Act to amend chapter 37 of title 38 of the United States Code with respect <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t38/s1801">38 USC 1801</ref> <i>et seq.</i></p></sidenote> to the veterans’ home loan program, to amend the National Housing Act with respect to interest rates on insured mortgages, and for other purposes,” approved May 7, 1968, as amended (12 U.S.C. 1709–1), is amended by striking out “<quotedText>, and which represent loans and advances of credit made for the purpose of financing purchases of mobile homes,</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">down-payment requirements for regular fha one- to four-family mortgages</inline></heading> <num value="310"><inline class="smallCaps">Sec.</inline> 310.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The first and second sentences of section 203(b)(2) of the National Housing Act are each amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1709">12 USC 1709.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>$15,000</quotedText>” in clause (i) and inserting in lieu thereof “<quotedText>$25,000</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>$15,000</quotedText>” and “<quotedText>$25,000</quotedText>” in clause (ii) and inserting in lieu thereof “<quotedText>$25,000</quotedText>” and “<quotedText>$35,000</quotedText>”, respectively; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by striking out “<quotedText>$25,000</quotedText>” in clause (iii) and inserting in lieu thereof “<quotedText>$35,000</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>Section 220(d)(3)(A)(i) of such Act is amended by—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715k">12 USC 1715k.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>$15,000</quotedText>” in each clause numbered (1) and inserting in lieu thereof “<quotedText>$25,000</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>$15,000</quotedText>” and “<quotedText>$25,000</quotedText>” in each clause numbered (2) and inserting in lieu thereof “<quotedText>$25,000</quotedText>” and “<quotedText>$35,000</quotedText>”, respectively; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by striking out “<quotedText>$25,000</quotedText>” in each clause numbered (3) and inserting in lieu thereof “<quotedText>$35,000</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Section 222(b)(3) of such Act is amended to read as follows:<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715m">12 USC 1715m.</ref></p></sidenote> <quotedContent> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>have a principal obligation not in excess of the sum of (i) 97 per centum of $25,000 of the appraised value of the property as of the date the mortgage is accepted for insurance, (ii) 90 per centum of such value in excess of $25,000 but not in excess of $35,000, and (iii) 80 per centum of such value in excess of $35,000; and”.</content></paragraph> </quotedContent> </content> </subsection> <page identifier="/us/stat/88/683">88 <inline class="smallCaps">Stat.</inline> 683</page> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>That part of clause (A) of the third sentence of section 234(c) of such Act which begins “and not to exceed” is amended to read as <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715y">12 USC 1715y.</ref></p></sidenote> follows “<quotedText>and not to exceed the sum of (i) 97 per centum of $25,000 of the appraised value of the property as of the date the mortgage is accepted for insurance, (ii) 90 per centum of such value in excess of $25,000 but not in excess of $35,000, (iii) 80 per centum of such value in excess of $35,000</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">multifamily mortgages</inline></heading> <num value="311"><inline class="smallCaps">Sec.</inline> 311.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 223 of the National Housing Act is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715n">12 USC 1715n.</ref></p></sidenote> by adding at the end thereof the following new subsections: <quotedContent> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <chapeau>Notwithstanding any of the provisions of this Act, the Secretary is authorized, in his discretion, to insure under any section of this title a mortgage executed in connection with the purchase of refinancing of an existing multifamily housing project. In the case of refinancing under this subsection of property located in an older, declining urban area, the Secretary shall prescribe such terms and conditions as he deems necessary to assure that—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>the refinancing is used to lower the monthly debt service only to the extent necessary to assure the continued economic viability of the project, taking into account any rent reductions to be implemented by the mortgagor; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>during the mortgage term no rental increases shall be made except those which are necessary to offset actual and reasonable operating expense increases or other necessary expense increases approved by the Secretary.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="g">“(g)</num> <content>Notwithstanding any other provisions of this Act, the Secretary may, in his discretion, insure a mortgage covering a multifamily housing project including units which are not self-contained.”</content></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 213(b)(2) of such Act is amended by striking out “<quotedText>97 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715e">12 USC 1715e.</ref></p></sidenote> per centum</quotedText>” and inserting in lieu thereof “<quotedText>98 per centum</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">group practice facilities</inline></heading> <num value="312"><inline class="smallCaps">Sec.</inline> 312.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Title XI of the National Housing Act is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by inserting after “<quotedText>unit or organization</quotedText>” in section 1101 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1749aaa">12 USC 1749aaa.</ref></p></sidenote> (b)(1) the following: “<quotedText>or other mortgagor</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by inserting after “<quotedText>group practice facility</quotedText>” in section 1101 (b)(3) the following: “<quotedText>or medical practice facility</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by inserting after “<quotedText>group practice facility</quotedText>” in section 1101 (e) the following: “<quotedText>or medical practice facility</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>by inserting after “<quotedText>group practice facility</quotedText>” in section 1101(f) the following: “<quotedText>or medical practice facility</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>by striking out in “<quotedText>(as defined in section 1106(1))</quotedText>” section 1105(a) and inserting in lieu thereof “<quotedText>or medical practice facility <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1749aaa–4">12 USC 1749aaa–4.</ref></p></sidenote> (as defined in section 1106)</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>by redesignating paragraphs (2) through (8) of section 1106 as paragraphs (3) through (9), respectively, and by inserting <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1749aaa–5">12 USC 1749aaa–5.</ref></p></sidenote> after paragraph (1) of such section the following:<quotedContent> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <chapeau>The term ‘medical practice facility’ means an adequately <sidenote><p class="indent0 firstIndent1 fontsize8">Definitions.</p></sidenote> equipped facility in which not more than four persons licensed to practice medicine in the State where the facility is located can provide, as may be appropriate, preventive, diagnostic, and treatment services, and which is situated in a rural area or small town, or in a low-income section of an urban area, in which there exists, as determined by the Secretary, a critical shortage of physicians. As used in this paragraph—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the term ‘small town’ means any town, village, or city having a population of not more than 10,000 inhabitants accord-<page identifier="/us/stat/88/684">88 <inline class="smallCaps">Stat.</inline> 684</page>ing to the most recent available data compiled by the Bureau of the Census; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the term ‘low-income section of an urban area’ means a section of a larger urban area in which the median family income is substantially lower, as determined by the Secretary, than the median family income for the area as a whole.”</content></subparagraph></paragraph></quotedContent></content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>Section 1106 of such Act is amended as follows:<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1749aaa–5">12 USC 1749aaa–5.</ref></p></sidenote></chapeau> <paragraph class="indent0 fontsize10"><num value="1">(1)</num> <content>Paragraph (1) is amended by inserting “<quotedText>or osteopathy</quotedText>” after “<quotedText>practice medicine</quotedText>”, and by inserting after “<quotedText>State</quotedText>” where it last appears the following: “<quotedText>, or, in the case of podiatric care or treatment, is under the professional supervision of persons licensed to practice podiatry in the State</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Paragraph (2) (as redesignated by subsection (a)(6) of this section) is amended by inserting “<quotedText>, osteopathy,</quotedText>” after “<quotedText>practice medicine</quotedText>”, and by inserting after “<quotedText>dentistry in the State,</quotedText>” the following: “<quotedText>or of persons licensed to practice podiatry in the State,</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Paragraph (3)(A) (as so redesignated) is amended by inserting “<quotedText>osteopathic care,</quotedText>” after “<quotedText>comprehensive medical care,</quotedText>”, by striking out “<quotedText>or</quotedText>” after “<quotedText>optometric care,</quotedText>”, and by inserting after “<quotedText>dental care,</quotedText>” the following: “<quotedText>or podiatric care,</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>Paragraph (3)(B) (as so redesignated) is amended by inserting “<quotedText>osteopathic,</quotedText>”, after “<quotedText>medical,</quotedText>”, by striking out “<quotedText>or</quotedText>” after “<quotedText>optometric,</quotedText>”, and by inserting after “<quotedText>dental</quotedText>” the following: “<quotedText>or podiatric</quotedText>”.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">supplemental loans</inline></heading> <num value="313"><inline class="smallCaps">Sec.</inline> 313.</num> <content>Section 241 of the National Housing Act is amended by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z–6">12 USC 1715z–6.</ref></p></sidenote> adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>Notwithstanding the foregoing, the Secretary may insure a loan for improvements or additions to a multifamily housing project, or a group practice or medical practice facility or hospital or other health facility approved by the Secretary, which is not covered by a mortgage insured under this Act, if he finds that such a loan would assist in preserving, expanding, or improving housing opportunities, or in providing protection against fire or other hazards. Such loans shall have a maturity satisfactory to the Secretary and shall meet such other conditions as the Secretary may prescribe. In no event shall such a loan be insured if it is for an amount in excess of the maximum amount which could be approved if the outstanding indebtedness, if any, covering the property were a mortgage insured under this Act.”</content></subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">mortgage insurance for land development</inline></heading> <num value="314"><inline class="smallCaps">Sec.</inline> 314.</num> <content>The first sentence of section 1002(c) of the National Housing Act is amended to read as follows: “<quotedText>The principal obligation of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1749bb">12 USC 1749bb.</ref></p></sidenote> the mortgage shall not exceed the sum of 80 per centum of the Secretary’s estimate of the value of the land before development and 90 per centum of his estimate of the cost of such development.</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">sales to cooperatives</inline></heading> <num value="315"><inline class="smallCaps">Sec.</inline> 315.</num> <content>Title II of the National Housing Act (as amended by sections 307 and 308 of this Act) is amended by adding at the end thereof the following: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“sale of acquired property to cooperatives</inline></heading> <num value="246"><inline class="smallCaps">“Sec.</inline> 246.</num> <content>In any case in which the Secretary sells a multifamily <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z–11">12 USC 1715z–11.</ref></p></sidenote> housing project acquired as the result of a default on a mortgage which was insured under this Act to a cooperative which will operate <page identifier="/us/stat/88/685">88 <inline class="smallCaps">Stat.</inline> 685</page> it on a nonprofit basis and restrict permanent occupancy of its dwellings to members, the Secretary may accept a purchase money mortgage in a principal amount equal to the sum of (1) the appraised value of the property at the time of purchase, which value shall be based upon a mortgage amount on which the debt service can be met from the income of the property when operated on a nonprofit basis after payment of all operating expenses, taxes, and required reserves, and (2) the amount of prepaid expenses and costs involved in achieving cooperative ownership. Prior to such disposition of a project, funds may be expended by the Secretary for necessary repairs and improvements.”</content></section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">extension of regular fha insurance programs</inline></heading> <num value="316"><inline class="smallCaps">Sec.</inline> 316.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 2(a) of the National Housing Act is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1703">12 USC 1703.</ref></p></sidenote> by striking out “<quotedText>October 1, 1974</quotedText>” in the first sentence and inserting in lieu thereof “<quotedText>June 30, 1977</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 217 of such Act is amended by striking out “<quotedText>October 1, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715h">12 USC 1715h.</ref></p></sidenote> 1974</quotedText>” and inserting in lieu thereof “<quotedText>June 30, 1977</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Section 221(f) of such Act is amended by striking out “<quotedText>October <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715l">12 USC 1715<i>l</i>.</ref></p></sidenote> 1, 1974</quotedText>” in the fifth sentence and inserting in lieu thereof “<quotedText>June 30, 1977</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Section 809(f) of such Act is amended by striking out “<quotedText>October <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1748h–1">12 USC 1748h–1.</ref></p></sidenote> 1, 1974</quotedText>” in the second sentence and inserting in lieu thereof “<quotedText>June 30, 1977</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>Section 810(k) of such Act is amended by striking out “<quotedText>October <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1748h–2">12 USC 1748h–2.</ref></p></sidenote> 1, 1974</quotedText>” in the second sentence and inserting in lieu thereof “<quotedText>June 30, 1977</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>Section 1002(a) of such Act is amended by striking out “<quotedText>October <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1749bb">12 USC 1749bb.</ref></p></sidenote> 1, 1974</quotedText>” in the second sentence and inserting in lieu thereof “<quotedText>June 30, 1977</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>Section 1101(a) of such Act is amended by striking out “<quotedText>October <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1749aaa">12 USC 1749aaa.</ref></p></sidenote> 1, 1974</quotedText>” in the second sentence and inserting in lieu thereof “<quotedText>June 30, 1977</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">extension of flexible interest rate authority</inline></heading> <num value="317"><inline class="smallCaps">Sec.</inline> 317.</num> <content>Section 3(a) of the Act entitled “An Act to amend chapter 37 of title 38 of the United States Code with respect to the veterans’ <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t38/s1801">38 USC 1801</ref> <i>et seq.</i></p></sidenote> home loan program, to amend the National Housing Act with respect to interest rates on insured mortgages, and for other purposes”, approved May 7, 1968, as amended (12 U.S.C. 1709–1), is amended by striking out “<quotedText>October 1, 1974</quotedText>” and inserting in lieu thereof “<quotedText>June 30, 1977</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">mortgage insurance in military impacted areas</inline></heading> <num value="318"><inline class="smallCaps">Sec.</inline> 318.</num> <content>Section 238 of the National Housing Act is amended by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z–3">12 USC 1715z–3.</ref></p></sidenote> adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>The Special Risk Insurance Fund may be used by the Secretary for carrying out the mortgage insurance obligations of sections 203 and 207 to provide housing for military personnel, Federal civilian employees, and Federal contractor employees assigned to duty or employed at or in connection with any installation of the Armed Forces of the United States in federally impacted areas where, in the judgment of the Secretary (1) the residual housing requirements for persons not associated with such installations are insufficient to sustain the housing market in the event of substantial curtailment of employment of personnel assigned to such installations, and (2) the benefits to be derived from such use outweigh the risk of possible cost to the Government.”</content></subsection> </quotedContent> </content> </section> <page identifier="/us/stat/88/686">88 <inline class="smallCaps">Stat.</inline> 686</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">amendment to make public housing agencies eligible as mortgagors under section 221</inline>(d)<inline class="smallCaps">(3) of the national housing act</inline></heading> <num value="319"><inline class="smallCaps">Sec.</inline> 319.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 221(d)(3) of the National Housing Act is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715l">12 USC 1715<i>l</i>.</ref></p></sidenote> amended by striking out “<quotedText>(and which certifies that it is not receiving financial assistance from the United States exclusively pursuant to the United States Housing Act of 1937)</quotedText>” and inserting in lieu thereof <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1430">42 USC 1430.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1408">42 USC 1408.</ref></p></sidenote> “<quotedText>(and, except with respect to a project assisted or to be assisted pursuant to section 8 of the United States Housing Act of 1937, which certifies that it is not receiving financial assistance from the United States exclusively pursuant to such Act)</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>With respect to any obligation secured by a mortgage which is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715l">12 USC 1715<i>l</i></ref> note.</p></sidenote> insured under section 221(d)(3) of the National Housing Act and issued by a public agency as mortgagor in connection with the financing of a project assisted under section 8 of the United States Housing Act of 1937, the interest paid on such obligation shall be included in gross income for purposes of chapter 1 of the Internal Revenue Code of 1954.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1408">42 USC 1408.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1">26 USC 1</ref> <i>et seq.</i></p></sidenote></subsection> </section> <num value="IV">TITLE IV—</num><heading class="inline">COMPREHENSIVE PLANNING</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">comprehensive planning</inline></heading> <num value="401"><inline class="smallCaps">Sec.</inline> 401.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Section 701(a) of the Housing Act of 1954 is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s461">40 USC 461.</ref></p></sidenote> amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>State planning agencies</quotedText>” in paragraph (1) and inserting in lieu thereof “<quotedText>States</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out the numbered paragraphs following paragraph (1) and inserting in lieu thereof the following: <quotedContent> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>States for State, interstate, metropolitan, district, or regional activities which may be assisted under this section;</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>cities (including the District of Columbia) having populations of at least 50,000 according to the latest decennial census for local activities which may be assisted under this section;</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <content>urban counties as defined under title I of the Housing and Community Development Act of 1974;<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 633.</p></sidenote></content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">“(5)</num> <content>the areawide organization in any metropolitan area which is formally charged with carrying out the provisions of section 204 of the Demonstration Cities and Metropolitan Development Act of 1966 and section 401 of the Intergovernmental Cooperation <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3334">42 USC 3334.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4231">42 USC 4231.</ref></p></sidenote> Act of 1968: <proviso><i>Provided</i>, That any such areawide organization, to the extent practicable, shall be composed of or responsible to the elected officials of the unit or units of general local government for the jurisdictions of which they are empowered to carry out the provisions of such Acts;</proviso> and</content></paragraph> <paragraph class="indent0 fontsize10"><num value="6">“(6)</num> <content>Indian tribal groups or bodies; and</content></paragraph> <paragraph class="indent0 fontsize10"><num value="7">“(7)</num> <content>other governmental units or agencies having special planning needs related to the purposes of this section, including but not limited to interstate regional planning commissions, and units or agencies for disaster areas, federally impacted areas, and local development districts, to the extent these needs cannot otherwise be adequately met.”; and</content></paragraph> </quotedContent></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by striking out the part which follows the numbered paragraphs and inserting in lieu thereof the following: <quotedContent> <subsection class="firstIndent0 fontsize10"><content>“Activities assisted under this section shall, to the maximum extent feasible, cover entire areas having common or related development problems. The Secretary shall encourage cooperation in preparing and carrying out plans among all interested municipalities, political subdivisions, public agencies, and other parties in order to achieve coordinated development of entire areas. To the maximum extent feasible, <page identifier="/us/stat/88/687">88 <inline class="smallCaps">Stat.</inline> 687</page> pertinent plans and studies already made for areas shall be utilized so as to avoid unnecessary repetition of effort and expense.”</content></subsection> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 701 of such Act is further amended by striking out all <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s461">40 USC 461.</ref></p></sidenote> that follows subsection (a) and inserting in lieu thereof the following: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Activities which may be assisted under this section include those necessary (1) to develop and carry out a comprehensive plan as part of an ongoing planning process, (2) to develop and improve the management capability to implement such plan or part thereof or related plans or planning, and (3) to develop a policy-planning-evaluation capacity so that the recipient may more rationally (A) determine its needs, (B) set long-term goals and short-term objectives, (C) devise programs and activities to meet these goals and objectives, and (D) evaluate the progress of such programs in accomplishing those goals and objectives. Activities assisted under this section shall be carried out by professionally competent persons.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <chapeau>Each recipient of assistance under this section shall carry out an ongoing comprehensive planning process which shall make provision for citizen participation pursuant to regulations of the Secretary where major plans, policies, priorities, or objectives are being determined. The process shall involve development and subsequent modifications of a comprehensive plan which shall be reviewed at least biennially for necessary or desirable amendments. Any such plan shall include, as a minimum, each of the following elements:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>A housing element which shall take into account all available evidence of the assumptions and statistical bases upon which the projection of zoning, community facilities, and population growth is based, so that the housing needs of both the region and the local communities studied in the planning will be adequately covered in terms of existing and prospective population growth. The development and formulation of State and local goals pursuant to title XVI of the Housing and Urban Development Act of 1968 shall be a part of such a housing element.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1441a">42 USC 1441a.</ref></p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>A land-use element which shall include (A) studies, criteria, standards, and implementing procedures necessary for effectively guiding and controlling major decisions as to where growth shall take place within the recipient’s boundaries, and (B) as a guide for governmental policies and activities, general plans with respect to the pattern and intensity of land use for residential, commercial, industrial, and other activities.</content></paragraph> <continuation class="indent0 fontsize10">Each of the elements set forth above shall specify (i) broad goals and annual objectives (in measurable terms wherever possible), (ii) programs designed to accomplish these objectives, and (iii) procedures, including criteria set forth in advance, for evaluating programs and activities to determine whether they are meeting objectives. Such elements shall be consistent with each other and consistent with stated national growth policy.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <chapeau>After an initial application for assistance under this section has been approved, the Secretary may make grants on an annual basis, if—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>the applicant submits to the Secretary annually a description of its work program designed to meet objectives for the next succeeding one-year period and setting forth any changes the applicant intends to undertake to achieve better progress; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>the applicant submits to the Secretary biennially (A) an evaluation of the progress made by it during the previous two years in meeting objectives set forth in its plan, and (B) a description of any changes in the plan’s goals or objectives.</content></paragraph> <page identifier="/us/stat/88/688">88 <inline class="smallCaps">Stat.</inline> 688</page> <continuation class="indent0 fontsize10">The Secretary shall make no grant after three years from the date of enactment of the Housing and Community Development Act of 1974, to any applicant (other than an applicant described in paragraph (6) or (7) of subsection (a)), unless the Secretary is satisfied that the comprehensive planning being carried out by the applicant includes the elements specified in paragraphs (1) and (2) of subsection (c).</continuation></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <content>A grant made under this section shall not exceed two-thirds <sidenote><p class="indent0 firstIndent1 fontsize8">Grant, cost limitation.</p> <p class="indent0 firstIndent1 fontsize8">Appropriation.</p></sidenote> of the estimated cost of the work for which the grant is made. There are authorized to be appropriated for the purposes of this section not to exceed $130,000,000 for the fiscal year 1975, and not to exceed $150,000,000 for the fiscal year 1976. Of the funds appropriated under this section, not to exceed an aggregate of $10,000,000 plus 5 per centum of the funds so appropriated may be used by the Secretary for studies, research, and demonstration projects, undertaken independently or by contract, for the development and improvement of techniques and methods for comprehensive planning and for the advancement of the purposes of this section, and for grants to assist in the conduct of studies and research relating to needed revisions in State statutes which create, govern, or control local governments and local governmental operations.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <content>It is the further intent of this section to encourage comprehensive planning on a unified basis for States, cities, counties, metropolitan areas, districts, regions, and Indian reservations and the establishment and development of the organizational units needed therefor. In extending financial assistance under this section, the Secretary may require such assurances as he deems adequate that the appropriate State and local agencies are making reasonable progress in the development of the elements of comprehensive planning. The Secretary is authorized by contract, grant, or otherwise to provide technical assistance to State and local governments, and interstate and regional combinations thereof, to Indian tribal bodies, and to governmental units or agencies described in subsection (a)(7), undertaking such planning and, by contract or otherwise, to make studies and publish information on comprehensive planning and related management problems.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">“(g)</num> <content>The consent of the Congress is hereby given to any two or more States to enter into agreements or compacts, not in conflict with any law of the United States, cooperative effort and mutual assistance in the comprehensive planning for the growth and development of interstate, metropolitan, or other urban areas, and to establish such agencies, joint or otherwise, as they may deem desirable for making effective such agreements and compacts.</content></subsection> <subsection class="indent0 fontsize10"><num value="h">“(h)</num> <content>In addition to the planning grants authorized by subsection (a), the Secretary is further authorized to make grants to organizations composed of public officials representative of the political jurisdictions within the metropolitan area, region, or district involved for the purpose of assisting such organizations to undertake studies, collect data, develop metropolitan, regional, and district plans and programs, and engage in such other activities, including implementation of such plans, as the Secretary finds necessary or desirable for the solution of the metropolitan, regional, or district problems in such areas, regions, or districts. To the maximum extent feasible, all grants under this subsection shall be for activities relating to all the developmental aspects of the total metropolitan area, region, or district including, but not limited to, land use, transportation, housing, economic development, natural resources development, community facilities, and the general improvement of living environments.</content></subsection> <page identifier="/us/stat/88/689">88 <inline class="smallCaps">Stat.</inline> 689</page> <subsection class="indent0 fontsize10"><num value="i">“(i)</num> <content>In addition to the other grants authorized by this section, the Secretary is authorized to make grants to assist any city, other municipality, or county in making a survey of the structures and sites in the locality which are determined by its appropriate authorities to be of historic or architectural value. Any such survey shall be designed to identify the historic structures and sites in the locality, determine the cost of their rehabilitation or restoration, and provide such other information as may be necessary or appropriate to serve as a foundation for a balanced and effective program of historic preservation in such locality. The aspects of any such survey which relate to the identification of historic and architectural values shall be conducted in accordance with criteria found by the Secretary to be comparable to those used in establishing the national register maintained by the Secretary of the Interior under other provisions of law; and the results of each such survey shall be made available to the Secretary of the Interior. A grant under this subsection shall be made to the appropriate agency or entity specified in paragraphs (1) through (6) of subsection (a) or, if there is no such agency or entity which is qualified and willing to receive the grant and provide for its utilization in accordance with this subsection, directly to the city, other municipality, or county involved.</content></subsection> <subsection class="indent0 fontsize10"><num value="j">“(j)</num> <content>Grants made under this section may be used, subject to regulations and conditions prescribed by the Secretary, for any activities made eligible by the provisions of this section; but such regulations shall provide that grant assistance shall not be used to defray the cost of the acquisition, construction, repair, or rehabilitation of, or the preparation of engineering drawings or similar detailed specifications for, specific housing, capital facilities, or public works projects.</content></subsection> <subsection class="indent0 fontsize10"><num value="k">“(k)</num> <content>The Secretary shall consult with the heads of other Federal departments and agencies having responsibilities related to the purposes of this section, including responsibilities connected with the economic development of rural and depressed areas and the protection and enhancement of the Nation’s natural environment, with respect to (1) general standards, policies, and procedures to be followed in the administration of this section, and (2) particular grant actions or approvals which the Secretary believes to be of special interest or concern to one or more of such departments and agencies.</content></subsection> <subsection class="indent0 fontsize10"><num value="l">“(l)</num> <content>Funds made available under any Federal assistance program for projects or activities, approved as part of or in furtherance of a planning program or related management activities assisted under this section, may be used jointly with funds made available for such projects or activities under any other Federal assistance program, subject to regulations prescribed by the President. Such regulations may include provisions for common technical or administrative requirements where varying or conflicting provisions of law or regulations would otherwise apply, for establishing joint management funds and common non-Federal shares, and for special agreements or delegations of authority, among different Federal agencies in connection with the supervision or administration of assistance. Such regulations shall in any case include appropriate criteria and procedures to assure that any special authorities conferred, which are not otherwise provided for by law, shall be employed only as necessary to promote effective and efficient administration and in a manner consistent with the protection of the Federal interest and program purposes or statutory requirements of a substantive nature. For purposes of this subsection, the term ‘Federal <sidenote><p class="indent0 firstIndent1 fontsize8">“Federal assistance program.”</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4201">42 USC 4201</ref> note.</p></sidenote> assistance program’ has the same meaning as in the Intergovernmental Cooperation Act of 1968.</content></subsection> <page identifier="/us/stat/88/690">88 <inline class="smallCaps">Stat.</inline> 690</page> <subsection class="indent0 fontsize10"><num value="m">“(m)</num> <chapeau>As used in this section—<sidenote><p class="indent0 firstIndent1 fontsize8">Definitions.</p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>The term ‘metropolitan area’ means a standard metropolitan statistical area, as established by the Office of Management and Budget, subject, however, to such modifications or extensions as the Secretary deems to be appropriate for the purposes of this section.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>The term ‘region’ includes (A) all or part of the area of jurisdiction of one or more units of general local government, and (B) one or more metropolitan areas.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>The term ‘district’ includes all or part of the area of jurisdiction of (A) one or more counties, and (B) one or more other units of general local government, but does not include any portion of a metropolitan area.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <chapeau>The term ‘comprehensive planning’ includes the following:</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>preparation, as a guide for governmental policies and action, of general plans with respect to (i) the pattern and intensity of land use, (ii) the provision of public facilities (including transportation facilities) and other government services, and (iii) the effective development and utilization of human and natural resources;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>identification and evaluation of area needs (including housing, employment, education, and health) and formulation of specific programs for meeting the needs so identified;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>surveys of structures and sites which are determined by the appropriate authorities to be of historic or architectural value;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>long-range physical and fiscal plans for such action;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <content>programming of capital improvements and other major expenditures, based on a determination of relative urgency, together with definite financing plans for such expenditures in the earlier years of the program;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="F">“(F)</num> <content>coordination of all related plans and activities of the State and local governments and agencies concerned; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="G">“(G)</num> <content>preparation of regulatory and administrative measures in support of the foregoing.</content></subparagraph> <continuation class="indent0 fontsize10">Comprehensive planning for the purpose of districts shall not include planning for or assistance to establishments in relocating from one area to another or assist contractors or subcontractors whose purpose is to divest, or whose economic success is dependent upon divesting, other contractors or subcontractors of contracts theretofore customarily performed by them. The limitation set forth in the preceding sentence shall not be construed to prohibit assistance for the expansion of an existing business entity through the establishment of a new branch, affiliate, or subsidiary of such entity, if the Secretary finds that the establishment of such branch, affiliate, or subsidiary will not result in an increase in unemployment in the area of original location or in any other area where such entity conducts business operations, unless the Secretary has reason to believe that such branch, affiliate, or subsidiary is being established with the intention of closing down the operations of the existing business entity in the area of its original location or in any other area where it conducts such operations.</continuation></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="n">“(n)</num> <content>In carrying out the provisions of this section relating to planning for States, regions, or other multijurisdictional areas whose development has significance for purposes of national growth and urban development objectives, the Secretary shall encourage the formulation of plans and programs which will include the studies, criteria, standards, and implementing procedures necessary for effectively guiding and controlling major decisions as to where growth should <page identifier="/us/stat/88/691">88 <inline class="smallCaps">Stat.</inline> 691</page> take place within such States, regions, or areas. Such plans and programs shall take account of the availability of and need for conserving land and other irreplaceable natural resources; of projected changes in size, movement, and composition of population; of the necessity for expanding housing and employment opportunities; of the opportunities, requirements, and possible locations for new communities and large-scale projects for expanding or revitalizing existing communities; and of the need for methods of achieving modernization, simplification, and improvements in governmental structures, systems, and procedures related to growth objectives. If the Secretary determines that activities otherwise eligible for assistance under this section are necessary to the development or implementation of such plans and programs, he may make grants in support of such activities to any governmental agency or organization of public officials which he determines is capable of carrying out the planning work involved in an effective and efficient manner and may make such grants in an amount equal to not more than 80 per centum of the cost of such activities.”</content></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Section 703 of such Act is amended by striking out “<quotedText>and</quotedText>” in <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s460">40 USC 460.</ref></p></sidenote> clause (1), and by inserting “<quotedText>, and the Trust Territory of the Pacific Islands</quotedText>” immediately before the semicolon at the end of such clause.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">training and fellowship programs</inline></heading> <num value="402"><inline class="smallCaps">Sec.</inline> 402.</num> <subsection class="inline"><num value="a">(a)</num> <content>Section 801(b) of the Housing and Urban Development Act of 1964 is amended to read as follows:<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s801">20 USC 801.</ref></p></sidenote> <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>It is the purpose of this title to provide fellowships for the graduate training of professional city and regional planning, management, and housing specialists, and professionally trained personnel with a general capacity in urban affairs and problems: to make grants to and contracts with institutions of higher education (or combinations of such institutions) to assist them in planning, developing, strengthening, improving, or carrying out programs or projects for the preparation of graduate or professional students to enter the public service; and to assist and encourage the States and localities, in cooperation with public and private universities and colleges and urban centers and with business firms and associations, labor unions, and other interested associations and organizations, to (1) organize, initiate, develop, and expand programs which will provide special training in skills needed for economic and efficient community development to those technical, professional, and other persons with the capacity to master and employ such skills who are, or are training to be, employed by a governmental or public body which has responsibility for community development, or by a private nonprofit organization which is conducting or has responsibility for housing and community development programs, and (2) support State and local research that is needed in connection with housing programs and needs, public improvement programming, code problems, efficient land use, urban transportation, and similar community development problems.”</content></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 802(a) of such Act is amended to read as follows:<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s802">20 USC 802.</ref></p></sidenote> <quotedContent> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <content>The Secretary is authorized to provide fellowships for the graduate training of professional city planning, management, and housing specialists, and other persons who wish to develop a general capacity in urban affairs and problems as herein provided. Persons shall be selected for such fellowships solely on the basis of ability and upon the recommendation of the Urban Studies Fellowship Advisory Board established pursuant to subsection (b). Fellowships shall be solely for training in public and private nonprofit institutions of higher education having programs of graduate study in the field of city planning or in related fields (including architecture, civil engi-<page identifier="/us/stat/88/692">88 <inline class="smallCaps">Stat.</inline> 692</page>neering, economics, municipal finance, public administration, urban affairs, and sociology) which programs are oriented to training for careers in city and regional planning, housing, urban renewal, and community development.”</content></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Title VIII of such Act is further amended (1) by redesignating <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s801">20 USC 801.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s804">20 USC 804.</ref></p></sidenote> sections 804 through 807 as sections 805 through 808, respectively, and (2) by inserting after section 803 a new section as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“project grants and contracts</inline></heading> <num value="804"><inline class="smallCaps">“Sec.</inline> 804.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary is authorized to make grants to or <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s803a">20 USC 803a.</ref></p></sidenote> contracts with institutions of higher education, or combinations of such institutions, to assist them in planning, developing, strengthening, improving, or carrying out programs or projects (1) for the preparation of graduate or professional students in the fields of city and regional planning and management, housing, and urban affairs, or (2) for research into, or development or demonstration of, improved methods of education for these professions. Such grants or contracts may include payment of all or part of the cost of programs or projects.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">A grant or contract authorized by this section shall be made only upon application to the Secretary at such time or times and containing such information as he may prescribe, except that no such application shall be approved unless it—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>sets forth programs, activities, research, or development for which a grant is authorized under this section;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>provides for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this subsection; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>provides for making such reports, in such form and containing such information, as the Secretary may require to carry out his functions under this subsection, and for keeping such records and for affording such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>Payments under this section may be used, in accordance with regulations of the Secretary, and subject to the terms and conditions set forth in an application approved under paragraph (1), to pay part of the compensation of students employed in professions referred to in subsection (a)(1), except students employed in any branch of the Government of the United States, as part of a program for which a grant has been approved pursuant to this subsection.”</content></paragraph></subsection></section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Section 807 of such Act (as redesignated by subsection (c) of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s806">20 USC 806.</ref></p></sidenote> this section) is amended by inserting before the period at the end of the first sentence a comma and the following: “<quotedText>which amount shall be increased by $8,500,000 on July 1, 1974, and by $8,500,000 on July 1, 1975</quotedText>”.</content></subsection> </section> <num value="V">TITLE V—</num><heading class="inline">RURAL HOUSING</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">inclusion of united states territories and trust territory of the pacific islands</inline></heading> <num value="501"><inline class="smallCaps">Sec.</inline> 501.</num> <content>Section 501(a)(1) of the Housing Act of 1949 is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1471">42 USC 1471.</ref></p></sidenote> by striking out “<quotedText>Puerto Rico and the Virgin Islands</quotedText>” and inserting in lieu thereof the following: “<quotedText>the Commonwealth of Puerto Rico, the Virgin Islands, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands</quotedText>”.</content> </section> <page identifier="/us/stat/88/693">88 <inline class="smallCaps">Stat.</inline> 693</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">refinancing of indebtedness for certain eligible applicants</inline></heading> <num value="502"><inline class="smallCaps">Sec.</inline> 502.</num> <chapeau>Section 501 (a) (4) of the Housing Act of 1949 is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1471">42 USC 1471.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by adding after the comma at the end of clause (B) the following: “<quotedText>or, if combined with a loan for improvement, rehabilitation, or repairs and not refinanced, is likely to cause a hardship for the applicant, and</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>striking out clauses (C) and (D) and inserting in lieu thereof the following: <quotedContent> <subparagraph class="indent0 fontsize10"><num value="C">“(C)</num> <content>was incurred by the applicant at least five years prior to his applying for assistance under this title.”.</content></subparagraph> </quotedContent> </content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">loans to leasehold owners under all rural housing programs</inline></heading> <num value="503"><inline class="smallCaps">Sec.</inline> 503.</num> <content>Section 501 (b) (2) of the Housing Act of 1949 is amended by striking out “<quotedText>sections 502 and 504</quotedText>” and inserting in lieu thereof “<quotedText>this title</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">rehabilitation loans and grants</inline></heading> <num value="504"><inline class="smallCaps">Sec.</inline> 504.</num> <content>Section 504 (a) of the Housing Act of 1949 is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1474">42 USC 1474.</ref></p></sidenote> to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <content>In the event the Secretary determines that an eligible applicant cannot qualify for a loan under the provisions of sections 502 and 503 and that repairs or improvements should be made to a rural dwelling occupied by him in order to make such dwelling safe and sanitary and remove hazards to the health of the occupant, his family, or the community, and that repairs should be made to farm buildings in order to remove hazards and make such buildings safe, the Secretary may make a grant or a combined loan and grant to the applicant to cover the cost of improvements or additions, such as repairing roofs, providing toilet facilities, providing a convenient and sanitary water supply, supplying screens, repairing or providing structural supports, or making similar repairs, additions, or improvements, including all preliminary and installation costs in obtaining central water and sewer service. No assistance shall be extended to any one individual under this subsection in the form of a loan, grant, or combined loan and grant in excess of $5,000. Any portion of the sums advanced to the borrower treated as a loan shall be secured and be repayable within twenty years in accordance with the principles and conditions set forth in this title, except that a loan for less than $2,500 need be evidenced only by a promissory note. Sums made available by grant may be made subject to the conditions set forth in this title for the protection of the Government with respect to contributions made on loans made by the Secretary.”.</content></subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">escrow accounts for taxes, insurance, and other expenses</inline></heading> <num value="505"><inline class="smallCaps">Sec.</inline> 505.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 501 of the Housing Act of 1949 is amended by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1471">42 USC 1471.</ref></p></sidenote> adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <content>The Secretary may establish procedures whereby borrowers under this title may make periodic payments for the purpose of taxes, insurance, and such other necessary expenses as the Secretary may deem appropriate. Such payments shall be held in escrow by the Secretary and paid out by him at the appropriate time or times for the purposes for which such payments are made. The Secretary shall notify a borrower in writing when his loan payments are delinquent.”.</content></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The second sentence of section 502 (a) of such Act is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1472">42 USC 1472.</ref></p></sidenote> by inserting before the period at the end thereof the following: “<quotedText>and on the borrower preparing to the Secretary as escrow agent, on terms and conditions prescribed by him, such taxes, insurance, and other <page identifier="/us/stat/88/694">88 <inline class="smallCaps">Stat.</inline> 694</page> expenses as the Secretary may require in accordance with section 501(e)</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>Section 517 of such Act is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1487">42 USC 1487.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>as it becomes due</quotedText>” in the first sentence of subsection (d);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>prepayment</quotedText>” and “<quotedText>prepayments</quotedText>” each place they appear in subsection (j)(1) and inserting in lieu thereof “<quotedText>payment</quotedText>” and “<quotedText>payments</quotedText>”, respectively; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by inserting before the semicolon at the end of subsection (j)(1) the following: “<quotedText>or until the next agreed annual or semi-annual remittance date</quotedText>”.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">research and study programs</inline></heading> <num value="506"><inline class="smallCaps">Sec.</inline> 506.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 506(d) of the Housing Act of 1949 is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1476">42 USC 1476.</ref></p></sidenote> to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>The Secretary may carry out the research and study programs authorized by subsections (b) and (c) through grants made by him, on such terms, conditions, and standards as he may prescribe, to land-grant colleges established pursuant to the Act of July 2, 1862 (7 U.S.C. 301–308), or (upon a finding by the Secretary that the research and study involved cannot feasibly be performed through the personnel and facilities of the Department of Agriculture or by land-grant colleges) to such other private or public organizations as he may select.”.</content></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 506(e) of such Act is amended by striking out “<quotedText>farm housing</quotedText>” each place it appears and inserting in lieu thereof “<quotedText>rural housing</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">veterans preference</inline></heading> <num value="507"><inline class="smallCaps">Sec.</inline> 507.</num> <chapeau>Section 507 of the Housing Act of 1949 is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1477">42 USC 1477.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by inserting after “<quotedText>concurrent resolution of Congress</quotedText>” each place it appears a comma and the following: “<quotedText>or during the period beginning after January 31, 1955, and ending on August 4, 1964, or during the Vietnam era (as defined in section 101(29) of title 38, United States Code),</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by inserting “<quotedText>or era</quotedText>” before the period at the end of the third sentence.</content></paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">utilization of county committees</inline></heading> <num value="508"><inline class="smallCaps">Sec.</inline> 508.</num> <content>Section 508(b) of the Housing Act of 1949 is amended to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1478">42 USC 1478.</ref></p></sidenote> read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The committees utilized or appointed pursuant to this section may examine applications of persons desiring to obtain the benefits of section 501(a) (1) and (2) as they relate to the successful operation of a farm, and may submit recommendations to the Secretary with respect to each applicant as to whether the applicant is eligible to receive such benefits, whether by reason of his character, ability, and experience he is likely successfully to carry out undertakings required of him under a loan under such section, and whether the farm with respect to which the application is made is of such character that there is a reasonable likelihood that the making of the loan requested will carry out the purposes of this title. The committees may also certify to the Secretary with respect to the amount of any loan.”.</content></subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">assistance authorization</inline></heading> <num value="509"><inline class="smallCaps">Sec.</inline> 509.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Clauses (b), (c), and (d) of section 513 of the Housing Act of 1949 are amended to read as follows: “<quotedText>(b) not to exceed <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1483">42 USC 1483</ref>.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1474">42 USC 1474.</ref></p></sidenote> $80,000,000 for loans and grants pursuant to section 504 during the <page identifier="/us/stat/88/695">88 <inline class="smallCaps">Stat.</inline> 695</page> period beginning July 1, 1956, and ending June 30, 1977; (c) not to exceed $80,000,000 for financial assistance pursuant to section 516 for <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1486">42 USC 1486.</ref></p></sidenote> the period ending June 30, 1977; (d) not to exceed $250,000 per year for research and study programs pursuant to subsections (b), (c), and (d) of section 506 during the period beginning July 1, 1961, and ending <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 694.</p></sidenote> June 30, 1974, and not to exceed $1,000,000 per year for such programs during the period beginning October 1, 1974, and ending June 30, 1977;</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Sections 515(b)(5) and 517(a)(1) of such Act are amended by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1485/s1487">42 USC 1485, 1487.</ref></p></sidenote> striking out “<quotedText>October 1, 1974</quotedText>” and inserting in lieu thereof “<quotedText>June 30, 1977</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">direct and insured loans to provide housing and related facilities for elderly persons and lower income families in rural areas</inline></heading> <num value="510"><inline class="smallCaps">Sec.</inline> 510.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Section 515(b)(1) of the Housing Act of 1949 is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1485">42 USC 1485.</ref></p></sidenote> amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>$750,000 or</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>least</quotedText>” and inserting in lieu thereof “<quotedText>less</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 515(d)(4) of such Act is amended to read as follows: <quotedContent> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>the term ‘development cost’ means the costs of constructing, <sidenote><p class="indent0 firstIndent1 fontsize8">“Development cost.”</p></sidenote> purchasing, improving, altering, or repairing new or existing housing and related facilities and purchasing and improving the necessary land, including necessary and appropriate fees and charges, and initial operating expenses up to 2 per centum of the aforementioned costs, approved by the Secretary. Such fees and charges may include payments of qualified consulting organizations or foundations which operate on a nonprofit basis and which render services or assistance to nonprofit corporations or consumer cooperatives who provide housing and related facilities for low or moderate income families.”</content></paragraph> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">definition of rural area</inline></heading> <num value="511"><inline class="smallCaps">Sec.</inline> 511.</num> <content>Section 520 of the Housing Act of 1949 is amended by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1490">42 USC 1490.</ref></p></sidenote> inserting before the period at the end thereof a comma and the following: “<quotedText>or (3) has a population in excess of 10,000 but not in excess of 20,000, and (A) is not contained within a standard metropolitan statistical area, and (B) has a serious lack of mortgage credit, as determined by the Secretary and the Secretary of Housing and Urban Development</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">mutual and self-help housing</inline></heading> <num value="512"><inline class="smallCaps">Sec.</inline> 512.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 523(b)(1) of the Housing Act of 1949 is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1490c">42 USC 1490c.</ref></p></sidenote> amended by inserting immediately before “<quotedText>; and</quotedText>” at the end thereof the following: “<quotedText>: <proviso><i>Provided</i>, That the Secretary may advance funds under this paragraph to organizations receiving assistance under clause (A) to enable them to establish revolving accounts for the purchase of land options and any such advances may bear interest at a rate determined by the Secretary and shall be repaid to the Secretary at the expiration of the period for which the grant to the organization involved was made</proviso></quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>Section 523(f) of such Act is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>1974</quotedText>” each place it appears and inserting in lieu thereof “<quotedText>1977</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>$5,000,000</quotedText>” and inserting in lieu thereof “<quotedText>$10,000,000</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Section 523 of such Act is amended by adding at the end thereof the following new subsection: <page identifier="/us/stat/88/696">88 <inline class="smallCaps">Stat.</inline> 696</page> <quotedContent> <subsection class="indent0 fontsize10"><num value="h">“(h)</num> <content>The Secretary shall issue rules and regulations for the <sidenote><p class="indent0 firstIndent1 fontsize8">Rules and regulations.</p></sidenote> orderly processing and review of applications under this section and rules and regulations protecting the rights of grantees under this section in the event he determines to end grant assistance prior to the termination date of any grant agreement.”.</content></subsection> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">site loans</inline></heading> <num value="513"><inline class="smallCaps">Sec.</inline> 513.</num> <content>The first sentence of section 524(a) of the Housing Act of 1949 is amended to read as follows: “<quotedText>The Secretary may make loans, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1490d">42 USC 1490d.</ref></p></sidenote> on such terms and conditions and in such amounts he deems necessary, to public or private nonprofit organizations for the acquisition and development of land as building sites to be subdivided and sold to families, nonprofit organizations, public agencies, and cooperatives eligible for assistance under any section of this title or under any other law which provides financial assistance for housing low- and moderate-income families.</quotedText>”</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">rental assistance</inline></heading> <num value="514"><inline class="smallCaps">Sec.</inline> 514.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 521(a) of the Housing Act of 1949 is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1490a">42 USC 1490a.</ref></p></sidenote> by inserting “<quotedText>(1)</quotedText>” after “<quotedText>(a)</quotedText>”, and by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">The Secretary may make and insure loans under this section <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1484/s1485/s1487">42 USC 1484, 1485, 1487.</ref></p></sidenote> and sections 514, 515, and 517 to provide rental or cooperative housing and related facilities for persons and families of low income in multifamily housing projects, and may make, and contract to make, assistance payments to the owners of such rental housing in order to make available to low-income occupants of such housing rentals at rates commensurate to income and not exceeding 25 per centum of income. Such assistance payments shall be made on a unit basis and shall not be made for more than 20 per centum of the units in any one project, except that (i) when the project is financed by a loan under section 515 for elderly housing or by a loan under section 514 and a grant under section 516, such assistance may be made for up to 100 per centum of the units, and (ii) when the Secretary determines such action is necessary or feasible, he may make such payments with respect to more than 20 per centum of the units.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <content>The owner of any project assisted under this paragraph shall be required to provide at least annually a budget of operating expenses and record of tenants’ income which shall be used to determine the amount of assistance for each project.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">“(C)</num> <content>The project owner shall accumulate, safeguard, and periodically pay to the Secretary any rental charges collected in excess of basic rental charges as established by the Secretary in conformity with sub-paragraph (A). These funds may be credited to the appropriation and used by the Secretary for making such assistance payments through the end of the next fiscal year.”</content></subparagraph></paragraph></quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 521(c) of such Act is amended to read as follows:<quotedContent> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>There shall be reimbursed to the Rural Housing Insurance Fund by annual appropriations (1) the amounts by which nonprincipal payments made from the fund during each fiscal year to the holders of insured loans described in subsection (a)(1) exceed interest due from the borrowers during each year, and (2) the amount of assistance payments described in subsection (a)(2). The Secretary may from time to time issue notes to the Secretary of the Treasury under section 517(h) to obtain amounts equal to such unreimbursed payments, pending the annual reimbursement by appropriation.”</content></subsection></quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>Section 517(j) of such Act is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>and</quotedText>” at the end of paragraph (2);</content></paragraph> <page identifier="/us/stat/88/697">88 <inline class="smallCaps">Stat.</inline> 697</page> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out the period at the end of paragraph (3) and inserting in lieu thereof “<quotedText>; and</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <content>to make assistance payments authorized by section 521 (a)(2).”<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 696.</p></sidenote></content></paragraph> </quotedContent> </content> </paragraph> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">technical and supervisory assistance</inline></heading> <num value="515"><inline class="smallCaps">Sec.</inline> 515.</num> <content>Title V of the Housing Act of 1949 is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“programs of technical and supervisory assistance for low-income families</inline></heading> <num value="525"><inline class="smallCaps">“Sec.</inline> 525.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary may make grants to or enter into contracts <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1490e">42 USC 1490e.</ref></p></sidenote> with public or private nonprofit corporations, agencies, institutions, organizations, and other associations approved by him, to pay part or all of the cost of developing, conducting, administering or coordinating effective and comprehensive programs of technical and supervisory assistance which will aid needy low-income individuals and families in benefiting from Federal, State, and local housing programs in rural areas. In processing applications for such grants or contracts made by private nonprofit corporations, agencies, institutions, organizations, and other associations, the Secretary shall give preference to those which are sponsored (including assistance to the applicant in processing the application, implementing the technical assistance program, and carrying out the obligations of the grant or contract) by a State, county, municipality, or other governmental entity or public body.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The Secretary is authorized to make loans to public or private nonprofit corporations, agencies, institutions, organizations, and other associations approved by him for the necessary expenses, prior to construction, of planning, and obtaining financing for, the rehabilitation or construction of housing for low-income individuals or families under any Federal, State, or local housing program which is or could be used in rural areas. Such loans shall be made without interest and shall be for the reasonable costs expected to be incurred in planning, and in obtaining financing for, such housing prior to the availability of financing, including but not limited to preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, and construction loan fees and discounts. The Secretary shall require repayment of loans made under this subsection, under such terms and conditions as he may require, upon completion of the housing or sooner, and may cancel any part or all of such loan if he determines that it cannot be recovered from the proceeds of any permanent loan made to finance the rehabilitation or construction of the housing.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>There are authorized to be appropriated for the fiscal years <sidenote><p class="indent0 firstIndent1 fontsize8">Appropriation.</p></sidenote> ending June 30, 1975, and June 30, 1976, not to exceed $5,000,000 for the purposes of subsection (a) and not to exceed $5,000,000 for the purposes of subsection (b). Any amounts so appropriated shall remain available until expended, and any amounts authorized for any fiscal year under this subsection but not appropriated may be appropriated for any succeeding fiscal year.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>All funds appropriated for the purpose of subsection (b) shall <sidenote><p class="indent0 firstIndent1 fontsize8">Low-income sponsor fund.</p></sidenote> be deposited in a fund which shall be known as the low-income sponsor fund, and which shall be available without fiscal year limitation and be administered by the Secretary as a revolving fund for carrying out the purposes of that subsection. Sums received in repayment of loans made under subsection (b) shall be deposited in such fund.”.</content></subsection></section> </quotedContent> </content> </section> <page identifier="/us/stat/88/698">88 <inline class="smallCaps">Stat.</inline> 698</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">condominium housing</inline></heading> <num value="516"><inline class="smallCaps">Sec.</inline> 516.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Title V of the Housing Act of 1949 (as amended by section 515 of this Act) is amended by adding at the end thereof the <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 697.</p></sidenote> following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“condominium housing</inline></heading> <num value="526"><inline class="smallCaps">“Sec.</inline> 526.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary is authorized, in his discretion and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1490f">42 USC 1490f.</ref></p></sidenote> upon such terms and conditions (substantially identical insofar as may be feasible with those specified in section 502) as he may prescribe, <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 693.</p></sidenote> to make loans to persons and families of low or moderate income, and to insure and make commitments to insure loans made to persons and families of low or moderate income, to assist them in purchasing dwelling units in condominiums located in rural areas.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Any loan made or insured under subsection (a) shall cover a one-family dwelling unit in a condominium, and shall be subject to such provisions as the Secretary determines to be necessary for the maintenance of the common areas and facilities of the condominium project and to such additional requirements as the the Secretary deems appropriate for the protection of the consumer.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>In addition to individual loans made or insured under subsection (a) the Secretary is authorized, in his discretion and upon such terms and conditions (substantially identical insofar as may be feasible with those specified in section 515) as he may prescribe, to make or insure blanket loans to a borrower who shall certify to the Secretary, as a condition of obtaining such loan or insurance, that upon completion of the multifamily project the ownership of the project will be committed to a plan of family unit ownership under which (1) each family unit will be eligible for a loan or insurance under subsection (a), and (2) the individual dwelling units in the project will be sold only on a condominium basis and only to purchasers eligible for a loan or insurance under subsection (a). The principal obligation of any blanket loan made or insured under this subsection shall in no case exceed the sum of the individual amounts of the loans which could be made or insured with respect to the individual dwelling units in the project under subsection (a).</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>As used in this section, the term ‘condominium’ means a multi-unit <sidenote><p class="indent0 firstIndent1 fontsize8">“Condominium.”</p></sidenote> housing project which is subject to a plan of family unit ownership acceptable to the Secretary under which each dwelling unit is individually owned and each such owner holds an undivided interest in the common areas and facilities which serve the project.”</content></subsection></section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 517(b) of such Act is amended by striking out “<quotedText>and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1487">42 USC 1487.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1490d">42 USC 1490d.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Supra.</i></p></sidenote> 524</quotedText>” and inserting in lieu thereof “<quotedText>524, and 526</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">Section 521(a)(1) of such Act (as amended by section 514 (a) of this Act) is amended—</chapeau><sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 696.</p></sidenote> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>by striking out “<quotedText>and loans under section 515</quotedText>” and inserting <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1485">42 USC 1485.</ref></p></sidenote> in lieu thereof “<quotedText>loans under section 515</quotedText>”; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>by inserting after “<quotedText>elderly families,</quotedText>” the following: “<quotedText>and loans under section 526 to provide condominium housing for persons and families of low or moderate income,</quotedText>”.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>Section 521(b) of such Act is amended—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>by striking out “<quotedText>or 517(a)(1)</quotedText>” and inserting in lieu thereof “<quotedText>, 517(a)(1), or 526(a)</quotedText>”; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>by inserting “<quotedText>or 526(c)</quotedText>” after “<quotedText>under section 515</quotedText>”.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Section 521(c) of such Act (as amended by section 514(b) of this Act) is amended by inserting “<quotedText>and section 526</quotedText>” after “<quotedText>section 517(h)</quotedText>”.</content></paragraph></subsection> </section> <page identifier="/us/stat/88/699">88 <inline class="smallCaps">Stat.</inline> 699</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">transfer of pre-1965 insured housing loans to the rural housing insurance fund</inline></heading> <num value="517"><inline class="smallCaps">Sec.</inline> 517.</num> <content>Section 517(b) of the Housing Act of 1949 is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 698.</p></sidenote> by adding at the end thereof the following new sentences: “<quotedText>The notes held in the Agricultural Credit Insurance Fund (7 U.S.C. 1929) which evidence loans made or insured by the Secretary under section 514 or 515(b), the rights and liabilities of that Fund under insurance <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1484">42 USC 1484</ref>; <i>Ante,</i> p. 695.</p></sidenote> contracts relating to such loans held by insured investors, the mortgages securing the obligations of the borrowers under such loans held in that Fund or by insured investors, and all rights to subsequent collections on and proceeds of such notes, contracts, and mortgages, are hereby transferred to the Rural Housing Insurance Fund and for the purposes of this title and any other Act shall be subject to the provisions of this section as if created pursuant thereto. The Rural Housing Insurance Fund shall compensate the Agricultural Credit Insurance Fund for the aggregate unpaid principal balance plus accrued interest of the notes so transferred.</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">mobile homes</inline></heading> <num value="518"><inline class="smallCaps">Sec.</inline> 518.</num> <content>Title V of the Housing Act of 1949 (as amended by sections 515 and 516(a) of this Act) is amended by adding at the end <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> pp. 697, 698.</p></sidenote> thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“mobile homes</inline></heading> <num value="527"><inline class="smallCaps">“Sec.</inline> 527.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">As used in this title, the term ‘housing’ shall, notwithstanding <sidenote><p class="indent0 firstIndent1 fontsize8">“Housing.”</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1490g">42 USC 1490g.</ref></p></sidenote> any other provision of this title and to the extent deemed practicable by the Secretary, include mobile homes and mobile home sites.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <chapeau>With respect to mobile homes and mobile home sites financed under this title, the Secretary shall—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>prescribe minimum property standards to assure the livability and durability of the mobile home and the suitability of the site on which it is to be located, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>obtain assurances from the borrower that the mobile home will be placed on a site which complies with standards prescribed by the Secretary and with applicable local requirements.</content></paragraph> <continuation class="indent0 fontsize10">Loans under this title for the purchase of mobile homes and sites shall be made on the same terms and conditions as are applicable under section 2 of the National Housing Act to obligations financing <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 685.</p></sidenote> the purchase of mobile homes and lots on which to place such homes.”</continuation></subsection></section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">contrast services and fees</inline></heading> <num value="519"><inline class="smallCaps">Sec.</inline> 519.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 506(a) of the Housing Act of 1949 is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1476">42 USC 1476.</ref></p></sidenote> by striking out “<quotedText>, as may be required by the Secretary, by competent employees of the Secretary</quotedText>” and inserting in lieu thereof “<quotedText>as required by the Secretary</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 517(j)(3) of such Act is amended by inserting after <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1487">42 USC 1487.</ref></p></sidenote> “<quotedText>borrowers,</quotedText>” the following: “<quotedText>and other services customary in the industry, construction inspections, commercial appraisals, servicing of loans, and other related program services and expenses,</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">state and local agencies</inline></heading> <num value="520"><inline class="smallCaps">Sec.</inline> 520.</num> <content>Section 501(c) of the Housing Act of 1949 is amended by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1471">42 USC 1471.</ref></p></sidenote> adding at the end thereof the following: “if an applicant is a State or local public agency— <page identifier="/us/stat/88/700">88 <inline class="smallCaps">Stat.</inline> 700</page> <quotedContent> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the provisions of clause (3) shall not apply to its application; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the applicant shall be eligible to participate in any program under this title if the persons or families to be served by the applicant with the assistance being sought would be eligible to participate in such program.”</content></subparagraph> </quotedContent> </content> </section> <num value="VI">TITLE VI—</num><heading class="inline">NATIONAL MOBILE HOME CONSTRUCTION AND SAFETY STANDARDS</heading><sidenote><p class="indent0 firstIndent1 fontsize8">National Mobile Home Construction and Safety Standards Act of 1974.</p></sidenote> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">short title</inline></heading> <num value="601"><inline class="smallCaps">Sec.</inline> 601.</num> <content>This title may be cited as the “<shortTitle role="title">National Mobile Home Construction <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5401">42 USC 5401</ref> note.</p></sidenote> and Safety Standards Act of 1974</shortTitle>”.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">statement of purpose</inline></heading> <num value="602"><inline class="smallCaps">Sec.</inline> 602.</num> <content>The Congress declares that the purposes of this title are <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5401">42 USC 5401.</ref></p></sidenote> to reduce the number of personal injuries and deaths and the amount of insurance costs and property damage resulting from mobile home accidents and to improve the quality and durability of mobile homes. Therefore, the Congress determines that it is necessary to establish Federal construction and safety standards for mobile homes and to authorize mobile home safety research and development.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">definitions</inline></heading> <num value="603"><inline class="smallCaps">Sec.</inline> 603.</num> <chapeau>As used in this title, the term—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5402">42 USC 5402.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>“mobile home construction” means all activities relating to the assembly and manufacture of a mobile home including but not limited to those relating to durability, quality, and safety;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>“dealer” means any person engaged in the sale, leasing, or distribution of new mobile homes primarily to persons who in good faith purchase or lease a mobile home for purposes other than resale;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>“defect” includes any defect in the performance, construction, components, or material of a mobile home that renders the home or any part thereof not fit for the ordinary use for which it was intended;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>“distributor” means any person engaged in the sale and distribution of mobile homes for resale;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>“manufacturer” means any person engaged in manufacturing or assembling mobile homes, including any person engaged in importing mobile homes for resale;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>“mobile home” means a structure, transportable in one or more sections, which is eight body feet or more in width and is thirty-two body feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>“Federal mobile home construction and safety standard” means a reasonable standard for the construction, design, and performance of a mobile home which meets the needs of the public including the need for quality, durability, and safety;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <content>“mobile home safety” means the performance of a mobile home in such a manner that the public is protected against any unreasonable risk of the occurrence of accidents due to the design <page identifier="/us/stat/88/701">88 <inline class="smallCaps">Stat.</inline> 701</page> or construction of such mobile home, or any unreasonable risk of death or injury to the user or to the public if such accidents do occur;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">(9)</num> <content>“imminent safety hazard” means an imminent and unreasonable risk of death or severe personal injury;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="10">(10)</num> <content>“purchaser” means the first person purchasing a mobile home in good faith for purposes other than resale;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="11">(11)</num> <content>“Secretary” means the Secretary of Housing and Urban Development;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="12">(12)</num> <content>“State” includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American Samoa; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="13">(13)</num> <content>“United States district courts” means the Federal district courts of the United States and the United States courts of the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American Samoa.</content></paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">federal mobile home construction and safety standards</inline></heading> <num value="604"><inline class="smallCaps">Sec.</inline> 604.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary, after consultation with the Consumer <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5403">42 USC 5403.</ref></p></sidenote> Product Safety Commission, shall establish by order appropriate Federal mobile home construction and safety standards. Each such Federal mobile home standard shall be reasonable and shall meet the highest standards of protection, taking into account existing State and local laws relating to mobile home safety and construction.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>All orders issued under this section shall be issued after notice <sidenote><p class="indent0 firstIndent1 fontsize8">Notice.</p></sidenote> and an opportunity for interested persons to participate are provided in accordance with the provisions of section 553 of title 5, United States Code.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Each order establishing a Federal mobile home construction and <sidenote><p class="indent0 firstIndent1 fontsize8">Standards, effective date.</p></sidenote> safety standard shall specify the date such standard is to take effect, which shall not be sooner than one hundred and eighty days or later than one year after the date such order is issued, unless the Secretary finds, for good cause shown, that an earlier or later effective date is in the public interest, and publishes his reasons for such finding.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Whenever a Federal mobile home construction and safety standard established under this title is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any mobile home covered, any standard regarding construction or safety applicable to the same aspect of performance of such mobile home which is not identical to the Federal mobile home construction and safety standard.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>The Secretary may by order amend or revoke any Federal <sidenote><p class="indent0 firstIndent1 fontsize8">Amendment or revocation, effective date.</p></sidenote> mobile home construction or safety standard established under this section. Such order shall specify the date on which such amendment or revocation is to take effect, which shall not be sooner than one hundred and eighty days or later than one year from the date the order is issued, unless the Secretary finds, for good cause shown, than an earlier or later date is in the public interest, and publishes his reasons for such finding.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <chapeau>In establishing standards under this section, the Secretary shall—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>consider relevant available mobile home construction and safety data, including the results of the research, development, testing, and evaluation activities conducted pursuant to this title, and those activities conducted by private organizations and other governmental agencies to determine how to best protect the public;</content></paragraph> <page identifier="/us/stat/88/702">88 <inline class="smallCaps">Stat.</inline> 702</page> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>consult with such State or interstate agencies (including legislative committees) as he deems appropriate;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>consider whether any such proposed standard is reasonable for the particular type of mobile home or for the geographic region for which it is prescribed;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>consider the probable effect of such standard on the cost of the mobile home to the public; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>consider the extent to which any such standard will contribute to carrying out the purposes of this title.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>The Secretary shall issue an order establishing initial Federal mobile home construction and safety standards not later than one year after the date of enactment of this Act.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">national mobile home advisory council</inline></heading> <num value="605"><inline class="smallCaps">Sec.</inline> 605.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary shall appoint a National Mobile Home <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5404">42 USC 5404.</ref></p> <p class="indent0 firstIndent1 fontsize8">Appointment; membership.</p></sidenote> Advisory Council with the following composition: eight members selected from among consumer organizations, community organizations, and recognized consumer leaders; eight members from the mobile home industry and related groups including at least one representative of small business; and eight members selected from government agencies including Federal, State, and local governments. Appointments under this subsection shall be made without regard to the provisions <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s101">5 USC 101</ref> <i>et seq.</i></p></sidenote> of title 5, United States Code, relating to appointments in the competitive service, classification, and General Schedule pay rates. The Secretary shall publish the names of the members of the Council annually and shall designate which members represent the general public.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The Secretary shall, to the extent feasible, consult with the <sidenote><p class="indent0 firstIndent1 fontsize8">Consultation.</p></sidenote> Advisory Council prior to establishing, amending, or revoking any mobile home construction or safety standard pursuant to the provisions of this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Any member of the National Mobile Home Advisory Council <sidenote><p class="indent0 firstIndent1 fontsize8">Compensation.</p></sidenote> who is appointed from outside the Federal Government may be compensated at a rate not to exceed $100 per diem (including travel-time) when engaged in the actual duties of the Advisory Council. Such members, while away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence as authorized by section 5703(b) of title 5, United States Code, for persons in the Government service employed intermittently.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">judicial review of orders</inline></heading> <num value="606"><inline class="smallCaps">Sec.</inline> 606.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">In a case of actual controversy as to the validity <sidenote><p class="indent0 firstIndent1 fontsize8">Petition, filing.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5405">42 USC 5405.</ref></p></sidenote> of any order under section 604, any person who may be adversely affected by such order when it is effective may at any time prior to the sixtieth day after such order is issued file a petition with the United States court of appeals for the circuit wherein such person resides or has his principal place of business, for judicial review of such order. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary or other officer designated by him for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which the Secretary based his order, as provided in section 2112 of title 28, United States Code.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>If the petitioner applies to the court for leave to adduce additional <sidenote><p class="indent0 firstIndent1 fontsize8">Additional evidence.</p></sidenote> evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Secretary, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Secretary, and to be adduced <page identifier="/us/stat/88/703">88 <inline class="smallCaps">Stat.</inline> 703</page> upon the hearing, in such manner and upon such terms and conditions as to the court may seem proper. The Secretary may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original order, with the return of such additional evidence.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Upon the filing of the petition referred to in paragraph (1) <sidenote><p class="indent0 firstIndent1 fontsize8">Jurisdiction.</p></sidenote> of this subsection, the court shall have jurisdiction to review the order in accordance with the provisions of sections 701 through 706 of title 5, United States Code, and to grant appropriate relief.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>The judgment of the court affirming or setting aside, in whole or in part, any such order of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>Any action instituted under this subsection shall survive, notwithstanding <sidenote><p class="indent0 firstIndent1 fontsize8">Savings provision.</p></sidenote> any change in the person occupying the office of Secretary or any vacancy in such office.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="6">(6)</num> <content>The remedies provided for in this subsection shall be in addition to and not in substitution for any other remedies provided by law.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>A certified copy of the transcript of the record and proceedings <sidenote><p class="indent0 firstIndent1 fontsize8">Transcript, copies.</p></sidenote> under this section shall be furnished by the Secretary to any interested party at his request and payment of the costs thereof, and shall be admissible in any criminal, exclusion of imports, or other proceeding arising under or in respect of this title, irrespective of whether proceedings with respect to the order have previously been initiated or become final under subsection (a).</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">public information</inline></heading> <num value="607"><inline class="smallCaps">Sec.</inline> 607.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Whenever any manufacturer is opposed to any action <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5406">42 USC 5406.</ref></p></sidenote> of the Secretary under section 604 or under any other provision of this title on the grounds of increased cost or for other reasons, the manufacturer shall submit such cost and other information (in such detail as the Secretary may by rule or order prescribe) as may be necessary in order to properly evaluate the manufacturer’s statement.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Such information shall be available to the public unless the manufacturer establishes that it contains a trade secret or that disclosure of any portion of such information would put the manufacturer at a substantial competitive disadvantage. Notice of the availability of <sidenote><p class="indent0 firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> such information shall be published promptly in the Federal Register. If the Secretary determines that any portion of such information contains a trade secret or that the disclosure of any portion of such information would put the manufacturer at a substantial competitive disadvantage, such portion may be disclosed to the public only in such manner as to preserve the confidentiality of such trade secret or in such combined or summary form so as not to disclose the identity of any individual manufacturer, except that any such information may be disclosed to other officers or employees concerned with carrying out this title or when relevant in any proceeding under this title. Nothing in this subsection shall authorize the withholding of information by the Secretary or any officer or employee under his control from the duly authorized committees of the Congress.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>If the Secretary proposes to establish, amend, or revoke a Federal <sidenote><p class="indent0 firstIndent1 fontsize8">Safety standard, amendment or revocation; publication in Federal Register.</p></sidenote> mobile home construction and safety standard under section 604 on the basis of information submitted pursuant to subsection (a), he shall publish a notice of such proposed action, together with the reasons therefor, in the Federal Register at least thirty days in advance of making a final determination, in order to allow interested parties an opportunity to comment.</content></subsection> <page identifier="/us/stat/88/704">88 <inline class="smallCaps">Stat.</inline> 704</page> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>For purposes of this section, “cost information” means information <sidenote><p class="indent0 firstIndent1 fontsize8">“Cost information.”</p></sidenote> with respect to alleged cost increases resulting from action by the Secretary, in such a form as to permit the public and the Secretary to make an informed judgment on the validity of the manufacturer’s statements. Such term includes both the manufacturer’s cost and the cost to retail purchasers.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>Nothing in this section shall be construed to restrict the authority of the Secretary to obtain or require submission of information under any other provision of this title.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">research, testing, development, and training</inline></heading> <num value="608"><inline class="smallCaps">Sec.</inline> 608.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Secretary shall conduct research, testing, development, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5407">42 USC 5407.</ref></p></sidenote> and training necessary to carry out the purposes of this title, including, but not limited to—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>collecting data from any source for the purpose of determining the relationship between mobile home performance characteristics and (A) accidents involving mobile homes, and (B) the occurrence of death, personal injury, or damage resulting from such accidents;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>procuring (by negotiation or otherwise) experimental and other mobile homes for research and testing purposes; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>selling or otherwise disposing of test mobile homes and reimbursing the proceeds of such sale or disposal into the current appropriation available for the purpose of carrying out this title.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The Secretary is authorized to conduct research, testing, development, <sidenote><p class="indent0 firstIndent1 fontsize8">Grants.</p></sidenote> and training as authorized to be carried out by subsection (a) of this section by contracting for or making grants for the conduct of such research, testing, development, and training to States, interstate agencies, and independent institutions.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">cooperation with public and private agencies</inline></heading> <num value="609"><inline class="smallCaps">Sec.</inline> 609.</num> <chapeau>The Secretary is authorized to advise, assist, and cooperate <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5408">42 USC 5408.</ref></p></sidenote> with other Federal agencies and with State and other interested public and private agencies, in the planning and development of—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>mobile home construction and safety standards; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>methods for inspecting and testing to determine compliance with mobile home standards.</content></paragraph></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">prohibited acts</inline></heading> <num value="610"><inline class="smallCaps">Sec.</inline> 610.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">No person shall—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5409">42 USC 5409.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>make use of any means of transportation or communication affecting interstate or foreign commerce or the mails to manufacture for sale, lease, sell, offer for sale or lease, or introduce or deliver, or import into the United States, any mobile home which is manufactured on or after the effective date of any applicable Federal mobile home construction and safety standard under this title and which does not comply with such standard, except as provided in subsection (b), where such manufacture, lease, sale, offer for sale or lease, introduction, delivery, or importation affects commerce;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>fail or refuse to permit access to or copying of records, or fail to make reports or provide information, or fail or refuse to permit entry or inspection, as required under section 614;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>fail to furnish notification of any defect as required by section 615;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>fail to issue a certification required by section 616, or issue a certification to the effect that a mobile home conforms to all <page identifier="/us/stat/88/705">88 <inline class="smallCaps">Stat.</inline> 705</page> applicable Federal mobile home construction and safety standards, if such person in the exercise of due care has reason to know that such certification is false or misleading in a material respect; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>fail to comply with a final order issued by the Secretary under this title.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Paragraph (1) of subsection (a) shall not apply to the sale, the offer for sale, or the introduction or delivery for introduction in interstate commerce of any mobile home after the first purchase of it in good faith for purposes other than resale.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>For purposes of section 611, paragraph (1) of subsection (a) shall not apply to any person who establishes that he did not have reason to know in the exercise of due care that such mobile home is not in conformity with applicable Federal mobile home construction and safety standards, or to any person who, prior to such first purchase, holds a certificate issued by the manufacturer or importer of such mobile home to the effect that such mobile home conforms to all applicable Federal mobile home construction and safety standards, unless such person knows that such mobile home does not so conform.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>A mobile home offered for importation in violation of paragraph <sidenote><p class="indent0 firstIndent1 fontsize8">Importation, regulations.</p></sidenote> (1) of subsection (a) shall be refused admission into the United States under joint regulations issued by the Secretary of the Treasury and the Secretary, except that the Secretary of the Treasury and the Secretary may, by such regulations, provide for authorizing the importation of such mobile home into the United States upon such terms and conditions (including the furnishing of a bond) as may appear to them appropriate to insure that any such mobile home will be brought into conformity with any applicable Federal mobile home construction or safety standard prescribed under this title, or will be exported from, or forfeited to, the United States.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>The Secretary of the Treasury and the Secretary may, by joint regulations, permit the importation of any mobile home after the first purchase of it in good faith for purposes other than resale.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>Paragraph (1) of subsection (a) shall not apply in the case of a mobile home intended solely for export, and so labeled or tagged on the mobile home itself and on the outside of the container, if any, in which it is to be exported.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Compliance with any Federal mobile home construction or safety standard issued under this title does not exempt any person from any liability under common law.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">civil and criminal penalty</inline></heading> <num value="611"><inline class="smallCaps">Sec.</inline> 611.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Whoever violates any provision of section 610, or any <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5410">42 USC 5410.</ref></p></sidenote> regulation or final order issued thereunder, shall be liable to the United States for a civil penalty of not to exceed $1,000 for each such violation. Each violation of a provision of section 610, or any regulation or order issued thereunder shall constitute, a separate violation with respect to each mobile home or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed $1,000,000 for any related series of violations occurring within one year from the date of the first violation.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>An individual or a director, officer, or agent of a corporation who knowingly and willfully violates section 610 in a manner which threatens the health or safety of any purchaser shall be fined not more than $1,000 or imprisoned not more than one year, or both.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">jurisdiction and venue</inline></heading> <num value="612"><inline class="smallCaps">Sec.</inline> 612.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The United States district courts shall have jurisdiction, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5411">42 USC 5411.</ref></p></sidenote> for cause shown and subject to the provisions of rule 65 (a) and <page identifier="/us/stat/88/706">88 <inline class="smallCaps">Stat.</inline> 706</page> (b) of the Federal Rules of Civil Procedure, to restrain violations of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t28/app">28 USC app.</ref></p></sidenote> this title, or to restrain the sale, offer for sale, or the importation into the United States, of any mobile home which is determined, prior to the first purchase of such mobile home in good faith for purposes other than resale, not to conform to applicable Federal mobile home construction and safety standards prescribed pursuant to this title or to contain a defect which constitutes an imminent safety hazard, upon petition by the appropriate United States attorney or the Attorney General on behalf of the United States. Whenever practicable, the <sidenote><p class="indent0 firstIndent1 fontsize8">Notice.</p></sidenote> Secretary shall give notice to any person against whom an action for injunctive relief is contemplated and afford him an opportunity to present his views and the failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>In any proceeding for criminal contempt for violation of an <sidenote><p class="indent0 firstIndent1 fontsize8">Trial by court or jury.</p></sidenote> injunction or restraining order issued under this section, which violation also constitutes a violation of this title, trial shall be by the court or, upon demand of the accused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of rule 42(b) of the Federal Rules of Criminal Procedure.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t18/app">18 USC app.</ref></p></sidenote></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Actions under subsection (a) of this section and section 611 may be brought in the district wherein any act or transaction constituting the violation occurred, or in the district wherein the defendant is found or is an inhabitant or transacts business, and process in such cases may be served in any other district of which the defendant is an inhabitant or wherever the defendant may be found.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>In any action brought by the United States under subsection (a) of this section or section 611, subpenas by the United States for witnesses who are required to attend at United States district court may run into any other district.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>It shall be the duty of every manufacturer offering a mobile home for importation into the United States to designate in writing an agent upon whom service of all administrative and judicial processes, notices, orders, decisions, and requirements may be made for and on behalf of such manufacturer, and to file such designation with the Secretary, which designation may from time to time be changed by like writing, similarly filed. Service of all administrative and judicial processes, notices, orders, decisions, and requirements may be made upon such manufacturer by service upon such designated agent at his office or usual place of residence with like effect as if made personally upon such manufacturer, and in default of such designation of such agent, service of process or any notice, order, requirement, or decision in any proceeding before the Secretary or in any judicial proceeding pursuant to this title may be made by mailing such process, notice, order, requirement, or decision to the Secretary by registered or certified mail.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">noncompliance with standards</inline></heading> <num value="613"><inline class="smallCaps">Sec.</inline> 613.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">If the Secretary or a court of appropriate jurisdiction <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5412">42 USC 5412.</ref></p></sidenote> determines that any mobile home does not conform to applicable Federal mobile home construction and safety standards, or that it contains a defect which constitutes an imminent safety hazard, after the sale of such mobile home by a manufacturer to a distributor or a dealer and prior to the sale of such mobile home by such distributor or dealer to a purchaser—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the manufacturer shall immediately repurchase such mobile home from such distributor or dealer at the price paid by such distributor or dealer, plus all transportation charges involved and a reasonable reimbursement of not less than 1 per centum per <page identifier="/us/stat/88/707">88 <inline class="smallCaps">Stat.</inline> 707</page> month of such price paid prorated from the date of receipt by certified mail of notice of such nonconformance to the date of repurchase by the manufacturer; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the manufacturer, at his own expense, shall immediately <sidenote><p class="indent0 firstIndent1 fontsize8">Parts, replacement and reimbursement for installation.</p></sidenote> furnish the purchasing distributor or dealer the required conforming part or parts or equipment for installation by the distributor or dealer on or in such mobile home, and for the installation involved the manufacturer shall reimburse such distributor or dealer for the reasonable value of such installation plus a reasonable reimbursement of not less than 1 per centum per month of the manufacturer’s or distributor’s selling price prorated from the date of receipt by certified mail of notice of such nonconformance to the date such vehicle is brought into conformance with applicable Federal standards, so long as the distributor or dealer proceeds with reasonable diligence with the installation after the required part or equipment is received.</content></paragraph> <continuation class="indent0 fontsize10">The value of such reasonable reimbursements as specified in paragraphs (1) and (2) of this subsection shall be fixed by mutual agreement of the parties, or, failing such agreement, by the court pursuant to the provisions of subsection (b).</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>If any manufacturer fails to comply with the requirements <sidenote><p class="indent0 firstIndent1 fontsize8">Noncompliance, court injunction.</p></sidenote> of subsection (a), then the distributor or dealer, as the case may be, to whom such mobile home has been sold may bring an action seeking a court injunction compelling compliance with such requirements on the part of such manufacturer. Such action may be brought in any district court in the United States in the district in which such manufacturer resides, or is found, or has an agent, without regard to the amount in controversy, and the person bringing the action shall also be entitled to recover any damage sustained by him, as well as all court costs plus reasonable attorneys’ fees. Any action brought pursuant <sidenote><p class="indent0 firstIndent1 fontsize8">Statute of limitations.</p></sidenote> to this section shall be forever barred unless commenced within three years after the cause of action shall have accrued.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">inspection of mobile homes and records</inline></heading> <num value="614"><inline class="smallCaps">Sec.</inline> 614.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary is authorized to conduct such inspections <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5413">42 USC 5413.</ref></p></sidenote> and investigations as may be necessary to promulgate or enforce Federal mobile home construction and safety standards established under this title or otherwise to carry out his duties under this title. He shall furnish the Attorney General and, when appropriate, the Secretary of the Treasury any information obtained indicating noncompliance with such standards for appropriate action.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">For purposes of enforcement of this title, persons duly designated by the Secretary, upon presenting appropriate credentials to the owner, operator, or agent in charge, are authorized—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>to enter, at reasonable times and without advance notice, any factory, warehouse, or establishment in which mobile homes are manufactured, stored, or held for sale; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>to inspect, at reasonable times and within reasonable limits and in a reasonable manner, any such factory, warehouse, or establishment, and to inspect such books, papers, records, and documents as are set forth in subsection (c). Each such inspection shall be commenced and completed with reasonable promptness.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Secretary is authorized to contract with State and local governments and private inspection organizations to carry out his functions under this subsection.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>For the purpose of carrying out the provisions of this title, the Secretary is authorized—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>to hold such hearings, take such testimony, sit and act <sidenote><p class="indent0 firstIndent1 fontsize8">Hearings.</p></sidenote> at such times and places, administer such oaths, and require, by <page identifier="/us/stat/88/708">88 <inline class="smallCaps">Stat.</inline> 708</page> subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, papers, correspondence, memorandums, contracts, agreements, or other records, as the Secretary or such officer or employee deems advisable. Witnesses <sidenote><p class="indent0 firstIndent1 fontsize8">Witness fees.</p></sidenote> summoned pursuant to this subsection shall be paid the same fees and mileage that are paid witnesses in the courts of the United States;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>to examine and copy any documentary evidence of any person having materials or information relevant to any function of the Secretary under this title;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>to require, by general or special orders, any person to file, in such form as the Secretary may prescribe, reports or answers in writing to specific questions relating to any function of the Secretary under this title. Such reports and answers shall be made under oath or otherwise, and shall be filed with the Secretary within such reasonable period as the Secretary may prescribe;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>to request from any Federal agency any information he deems necessary to carry out his functions under this title, and each such agency is authorized and directed to cooperate with the Secretary and to furnish such information upon request made by the Secretary, and the head of any Federal agency is authorized to detail, on a reimbursable basis, any personnel of such agency to assist in carrying out the duties of the Secretary under this title; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>to make available to the public any information which may indicate the existence of a defect which relates to mobile home construction or safety or of the failure of a mobile home to comply with applicable mobile home construction and safety standards. The Secretary shall disclose so much of other information obtained under this subsection to the public as he determines will assist in carrying out this title; but he shall not (under the authority of this sentence) make available or disclose to the public any information which contains or relates to a trade secret or any information the disclosure of which would put the person furnishing such information at a substantial competitive disadvantage, unless he determines that it is necessary to carry out the purpose of this title. Nothing in this subsection shall authorize the withholding of information by the Secretary or any officer or employee under his control from the duly authorized committees of the Congress.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Any of the district courts of the United States within the jurisdiction <sidenote><p class="indent0 firstIndent1 fontsize8">Violation, penalty.</p></sidenote> of which an inquiry is carried on may, in the case of contumacy or refusal to obey a subpena or order of the Secretary issued under paragraph (1) or paragraph (3) of subsection (e) of this section, issue an order requiring compliance therewith; and any failure to obey such order of the court may be punished by such court as a contempt thereof.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>Each manufacturer of mobile homes shall submit the building <sidenote><p class="indent0 firstIndent1 fontsize8">Building plans, submittal to Secretary for approval.</p></sidenote> plans for every model of such mobile homes to the Secretary or his designee for the purpose of inspection under this section. The manufacturer must certify that each such building plan meets the Federal construction and safety standards in force at that time before the model involved is produced.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>Each manufacturer, distributor, and dealer of mobile homes <sidenote><p class="indent0 firstIndent1 fontsize8">Records and reports, inspection.</p></sidenote> shall establish and maintain such records, make such reports, and provide such information as the Secretary may reasonably require to enable him to determine whether such manufacturer, distributor, or dealer has acted or is acting in compliance with this title and Federal mobile home construction and safety standards prescribed pursuant to this title and shall, upon request of a person duly designated by the Secretary, permit such person to inspect appropriate books, papers, records, and documents relevant to determining whether such manufacturer, distributor, or dealer has acted or is acting in compliance <page identifier="/us/stat/88/709">88 <inline class="smallCaps">Stat.</inline> 709</page> with this title and mobile home construction and safety standards prescribed pursuant to this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <chapeau>Each manufacturer of mobile homes shall provide to the Secretary <sidenote><p class="indent0 firstIndent1 fontsize8">Performance and technical data.</p></sidenote> such performance data and other technical data related to performance and safety as may be required to carry out the purposes of this title. These shall include records of tests and test results which the Secretary may require to be performed. The Secretary is authorized to require the manufacturer to give notification of such performance and technical data to—</chapeau><sidenote><p class="indent0 firstIndent1 fontsize8">Notification to purchasers.</p></sidenote> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>each prospective purchaser of a mobile home before its first sale for purposes other than resale, at each location where any such manufacturer’s mobile homes are offered for sale by a person with whom such manufacturer has a contractual, proprietary, or other legal relationship and in a manner determined by the Secretary to be appropriate, which may include, but is not limited to, printed matter (A) available for retention by such prospective purchaser, and (B) sent by mail to such prospective purchaser upon his request; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the first person who purchases a mobile home for purposes other than resale, at the time of such purchase or in printed matter placed in the mobile home.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num> <content>All information reported to or otherwise obtained by the <sidenote><p class="indent0 firstIndent1 fontsize8">Information disclosure, exception.</p></sidenote> Secretary or his representative pursuant to subsection (b), (c), (f), or (g) which contains or relates to a trade secret, or which, if disclosed, would put the person furnishing such information at a substantial competitive disadvantage, shall be considered confidential, except that such information may be disclosed to other officers or employees concerned with carrying out this title or when relevant in any proceeding under this title. Nothing in this section shall authorize the withholding of information by the Secretary or any officer or employee under his control from the duly authorized committees of the Congress.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">notification and correction of defects</inline></heading> <num value="615"><inline class="smallCaps">Sec.</inline> 615.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Every manufacturer of mobile homes shall furnish <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5414">42 USC 5414.</ref></p></sidenote> notification of any defect in any mobile home produced by such manufacturer which he determines, in good faith, relates to a Federal mobile home construction or safety standard or contains a defect which constitutes an imminent safety hazard to the purchaser of such mobile home, within a reasonable time after such manufacturer has discovered such defect.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>The notification required by subsection (a) shall be accomplished—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by mail to the first purchaser (not including any dealer or distributor of such manufacturer) of the mobile home containing the defect, and to any subsequent purchaser to whom any warranty on such mobile home has been transferred;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by mail to any other person who is a registered owner of such mobile home and whose name and address has been ascertained pursuant to procedures established under subsection (f); and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by mail or other more expeditious means to the dealer or dealers of such manufacturer to whom such mobile home was delivered.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The notification required by subsection (a) shall contain a clear <sidenote><p class="indent0 firstIndent1 fontsize8">Description.</p></sidenote> description of such defect or failure to comply, an evaluation of the risk to mobile home occupants’ safety reasonably related to such defect, and a statement of the measures needed to repair the defect. The notification shall also inform the owner whether the defect is a construction or safety defect which the manufacturer will have corrected <page identifier="/us/stat/88/710">88 <inline class="smallCaps">Stat.</inline> 710</page> at no cost to the owner of the mobile home under subsection (g) or otherwise, or is a defect which must be corrected at the expense of the owner.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Every manufacturer of mobile homes shall furnish to the Secretary <sidenote><p class="indent0 firstIndent1 fontsize8">Communucations to dealers, copies to Secretary.</p></sidenote> a true or representative copy of all notices, bulletins, and other communications to the dealers of such manufacturer or purchasers of mobile homes of such manufacturer regarding any defect in any such mobile home produced by such manufacturer. The Secretary shall <sidenote><p class="indent0 firstIndent1 fontsize8">Information disclosure, exception.</p></sidenote> disclose to the public so much of the information contained in such notices or other information obtained under section 614 as he deems will assist in carrying out the purposes of this title, but he shall not disclose any information which contains or relates to a trade secret, or which, if disclosed, would put such manufacturer at a substantial competitive disadvantage, unless he determines that it is necessary to carry out the purposes of this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <chapeau>If the Secretary determines that any mobile home—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>does not comply with an applicable Federal mobile home construction and safety standard prescribed pursuant to section 604; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>contains a defect which constitutes an imminent safety hazard,</content></paragraph> <continuation class="indent0 fontsize10">then he shall immediately notify the manufacturer of such mobile <sidenote><p class="indent0 firstIndent1 fontsize8">Notice.</p></sidenote> home of such defect or failure to comply. The notice shall contain the findings of the Secretary and shall include all information upon which the findings are based. The Secretary shall afford such manufacturer <sidenote><p class="indent0 firstIndent1 fontsize8">Opportunity to present views.</p></sidenote> an opportunity to present his views and evidence in support thereof, to establish that there is no failure of compliance. If after such presentation by the manufacturer the Secretary determines that such mobile home does not comply with applicable Federal mobile home construction or safety standards, or contains a defect which constitutes an imminent safety hazard, the Secretary shall direct the manufacturer to furnish the notification specified in subsections (a) and (b) of this section.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>Every manufacturer of mobile homes shall maintain a record <sidenote><p class="indent0 firstIndent1 fontsize8">Record of purchasers.</p></sidenote> of the name and address of the first purchaser of each mobile home (for purposes other than resale), and, to the maximum extent feasible, shall maintain procedures for ascertaining the name and address of any subsequent purchaser thereof and shall maintain a record of names and addresses so ascertained. Such records shall be kept for each home produced by a manufacturer. The Secretary may establish by order procedures to be followed by manufacturers in establishing and maintaining such records, including procedures to be followed by distributors and dealers to assist manufacturers to secure the information required by this subsection. Such procedures shall be reasonable for the particular type of mobile home for which they are prescribed.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <chapeau>A manufacturer required to furnish notification of a defect <sidenote><p class="indent0 firstIndent1 fontsize8">Notice of defect.</p></sidenote> under subsection (a) or (e) shall also bring the mobile home into compliance with applicable standards and correct the defect or have the defect corrected within a reasonable period of time at no expense to the owner, but only if—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the defect presents an unreasonable risk of injury or death to occupants of the affected mobile home or homes;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the defect can be related to an error in design or assembly of the mobile home by the manufacturer.</content></paragraph> <continuation class="indent0 fontsize10">The Secretary may direct the manufacturer to make such corrections <sidenote><p class="indent0 firstIndent1 fontsize8">Opportunity to present views.</p></sidenote> after providing an opportunity for oral and written presentation of views by interested persons. Nothing in this section shall limit the rights of the purchaser or any other person under any contract or applicable law.</continuation></subsection> <page identifier="/us/stat/88/711">88 <inline class="smallCaps">Stat.</inline> 711</page> <subsection class="indent0 fontsize10"><num value="h">(h)</num> <content>The manufacturer shall submit his plan for notifying owners of the defect and for repairing such defect (if required under subsection (g)) to the Secretary for his approval before implementing such plan. Whenever a manufacturer is required under subsection (g) to correct a defect, the Secretary shall approve with or without modification, after consultation with the manufacturer of the mobile home involved, such manufacturer’s remedy plan including the date when, and the method by which, the notification and remedy required pursuant to this section shall be effectuated. Such date shall be the earliest practicable one but shall not be more than sixty days after the date of discovery or determination of the defect or failure to comply, unless the Secretary grants an extension of such period for good cause shown and publishes a notice of such extension in the Federal Register. Such manufacturer <sidenote><p class="indent0 firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> is bound to implement such remedy plan as approved by the Secretary.</content></subsection> <subsection class="indent0 fontsize10"><num value="i">(i)</num> <content>Where a defect or failure to comply in a mobile home cannot be adequately repaired within sixty days from the date of discovery or determination of the defect, the Secretary may require that the mobile home be replaced with a new or equivalent home without charge, or that the purchase price be refunded in full, less a reasonable allowance for depreciation based on actual use if the home has been in the possession of the owner for more than one year.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">certification of conformity with construction and safety standards</inline></heading> <num value="616"><inline class="smallCaps">Sec.</inline> 616.</num> <content>Every manufacturer of mobile homes shall furnish to the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5415">42 USC 5415.</ref></p></sidenote> distributor or dealer at the time of delivery of each such mobile home produced by such manufacturer certification that such mobile home conforms to all applicable Federal construction and safety standards. Such certification shall be in the form of a label or tag permanently affixed to each such mobile home.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">consumer information</inline></heading> <num value="617"><inline class="smallCaps">Sec.</inline> 617.</num> <content>The Secretary shall develop guidelines for a consumer’s <sidenote><p class="indent0 firstIndent1 fontsize8">Consumer’s manual</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5416">42 USC 5416.</ref></p></sidenote> manual to be provided to mobile home purchasers by the manufacturer. These manuals should identify and explain the purchasers’ responsibilities for operation, maintenance, and repair of their mobile homes.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">effect upon antitrust laws</inline></heading> <num value="618"><inline class="smallCaps">Sec.</inline> 618.</num> <content>Nothing contained in this title shall be deemed to exempt <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5417">42 USC 5417.</ref></p></sidenote> from the antitrust laws of the United States any conduct that would otherwise be unlawful under such laws, or to prohibit under the antitrust laws of the United States any conduct that would be lawful under such laws. As used in this section, the term “antitrust laws” <sidenote><p class="indent0 firstIndent1 fontsize8">“Antitrust laws.”</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s1">15 USC 1.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s12">15 USC 12.</ref></p></sidenote> includes, but is not limited to, the Act of July 2, 1890, as amended; the Act of October 14, 1914, as amended; the Federal Trade Commission Act (15 U.S.C. 41 et seq.); and sections 73 and 74 of the Act of August 27, 1894, as amended.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s8/s9">15 USC 8, 9.</ref></p></sidenote></content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">use of research and testing facilities of public agencies</inline></heading> <num value="619"><inline class="smallCaps">Sec.</inline> 619.</num> <content>The Secretary, in exercising the authority under this title, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5418">42 USC 5418.</ref></p></sidenote> shall utilize the services, research and testing facilities of public agencies and independent testing laboratories to the maximum extent practicable in order to avoid duplication.</content></section> <page identifier="/us/stat/88/712">88 <inline class="smallCaps">Stat.</inline> 712</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">inspection fees</inline></heading> <num value="620"><inline class="smallCaps">Sec.</inline> 620.</num> <content>In carrying out the inspections required under this title, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5419">42 USC 5419.</ref></p></sidenote> the Secretary may establish and impose on mobile home manufacturers, distributors, and dealers such reasonable fees as may be necessary to offset the expenses incurred by him in conducting such inspections, except that this section shall not apply in any State which has in effect a State plan under section 623.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">penalties on inspections</inline></heading> <num value="621"><inline class="smallCaps">Sec.</inline> 621.</num> <content>Any person, other than an officer or employee of the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5420">42 USC 5420.</ref></p></sidenote> United States, or a person exercising inspection functions under a State plan pursuant to section 623, who knowingly and willfully fails to report a violation of any construction or safety standard established under section 604 may be fined up to $1,000 or imprisoned for up to one year, or both.</content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">prohibition on waiver of rights</inline></heading> <num value="622"><inline class="smallCaps">Sec.</inline> 622.</num> <content>The rights afforded mobile home purchasers under this <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5421">42 USC 5421.</ref></p></sidenote> title may not be waived, and any provision of a contract or agreement entered into after the enactment of this title to the contrary shall be void.</content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">state jurisdiction; state plans</inline></heading> <num value="623"><inline class="smallCaps">Sec.</inline> 623.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Nothing in this title shall prevent any State agency <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5422">42 USC 5422.</ref></p></sidenote> or court from asserting jurisdiction under State law over any mobile home construction or safety issue with respect to which no Federal mobile home construction and safety standard has been established pursuant to the provisions of section 604.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Any State which, at any time, desires to assume responsibility <sidenote><p class="indent0 firstIndent1 fontsize8">Enforcement standards plan, submittal to Secretary.</p></sidenote>for enforcement of mobile home safety and construction standards relating to any issue with respect to which a Federal standard has been established under section 604, shall submit to the Secretary a State plan for enforcement of such standards.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>The Secretary shall approve the plan submitted by a State <sidenote><p class="indent0 firstIndent1 fontsize8">Approval.</p></sidenote> under subsection (b), or any modification thereof, if such plan in his judgment—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>designates a State agency or agencies as the agency or agencies responsible for administering the plan throughout the State;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>provides for the enforcement of mobile home safety and construction standards promulgated under section 604;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>provides for a right of entry and inspection of all factories, warehouses, or establishments in such State in which mobile homes are manufactured and for the review of plans, in a manner which is identical to that provided in section 614;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>provides for the imposition of the civil and criminal penalties under section 611;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>provides for the notification and correction procedures under section 615;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>provides for the payment of inspection fees by manufacturers in amounts adequate to cover the costs of inspections;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>contains satisfactory assurances that the State agency or agencies have or will have the legal authority and qualified personnel necessary for the enforcement of such standards;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <content>give satisfactory assurances that such State will devote adequate funds to the administration and enforcement of such standards;</content></paragraph> <page identifier="/us/stat/88/713">88 <inline class="smallCaps">Stat.</inline> 713</page> <paragraph class="indentUp1 fontsize10"><num value="9">(9)</num> <content>requires manufacturers, distributors, and dealers in such State to make reports to the Secretary in the same manner and to the same extent as if the State plan were not in effect;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="10">(10)</num> <content>provides that the State agency or agencies will make such reports to the Secretary in such form and containing such information as the Secretary shall from time to time require; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="11">(11)</num> <content>complies with such other requirements as the Secretary may by regulation prescribe for the enforcement of this title.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>If the Secretary rejects a plan submitted under subsection (b), <sidenote><p class="indent0 firstIndent1 fontsize8">Notice and hearing.</p></sidenote> he shall afford the State submitting the plan due notice and opportunity for a hearing before so doing.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>After the Secretary approves a State plan submitted under subsection (b), he may, but shall not be required to, exercise his authority under this title with respect to enforcement of mobile home construction and safety standards in the State involved.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>The Secretary shall, on the basis of reports submitted by the <sidenote><p class="indent0 firstIndent1 fontsize8">Evaluation, submittal to congressional committees.</p></sidenote> designated State agency and his own inspections, make a continuing evaluation of the manner in which each State having a plan approved under this section is carrying out such plan. Such evaluation shall be made by the Secretary at least annually for each State, and the results of such evaluation and the inspection reports on which it is based shall be promptly submitted to the appropriate committees of the Congress. Whenever the Secretary finds, after affording due notice and opportunity <sidenote><p class="indent0 firstIndent1 fontsize8">Notice and hearing.</p></sidenote> for a hearing, that in the administration of the State plan there is a failure to comply substantially with any provision of the State plan or that the State plan has become inadequate, he shall notify the State agency or agencies of his withdrawal of approval of such plan. Upon receipt of such notice by such State agency or agencies such plan shall cease to be in effect, but the State may retain jurisdiction in any case commenced before the withdrawal of the plan in order to enforce mobile home standards under the plan whenever the issues involved do not relate to the reasons for the withdrawal of the plan.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">grants to states</inline></heading> <num value="624"><inline class="smallCaps">Sec.</inline> 624.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Secretary is authorized to make grants to the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5423">42 USC 5423.</ref></p></sidenote> States which have designated a State agency under section 623 to assist them—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>in identifying their needs and responsibilities in the area of mobile home construction and safety standards; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>in developing State plans under section 623.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The Governor of each State shall designate the appropriate State agency for receipt of any grant made by the Secretary under this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Any State agency designated by the Governor of a State desiring <sidenote><p class="indent0 firstIndent1 fontsize8">Application.</p></sidenote> a grant under this section shall submit an application therefor to the Secretary. The Secretary shall review and either accept or reject such application.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>The Federal share for each State grant under subsection (a) of this section may not exceed 90 per centum of the total cost to the State in identifying its needs and developing its plan. In the event the Federal share for all States under such subsection is not the same, the differences among the States shall be established on the basis of objective criteria.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">rules and regulations</inline></heading> <num value="625"><inline class="smallCaps">Sec.</inline> 625.</num> <content>The Secretary is authorized to issue, amend, and revoke <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5424">42 USC 5424.</ref></p></sidenote> such rules and regulations as he deems necessary to carry out this title.</content> </section> <page identifier="/us/stat/88/714">88 <inline class="smallCaps">Stat.</inline> 714</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">annual report to congress</inline></heading> <num value="626"><inline class="smallCaps">Sec.</inline> 626.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary shall prepare and submit to the President <sidenote><p class="indent0 firstIndent1 fontsize8">Submittal to President.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5425">42 USC 5425.</ref></p></sidenote> for transmittal to the Congress on March 1 of each year a comprehensive report on the administration of this title for the preceding calendar year. Such report shall include but not be restricted to (1) <sidenote><p class="indent0 firstIndent1 fontsize8">Contents.</p></sidenote> a thorough statistical compilation of the accidents, injuries, deaths, and property losses occurring in or involving mobile homes in such year; (2) a list of Federal mobile home construction and safety standards prescribed or in effect in such year; (3) the level of compliance with all applicable Federal mobile home standards; (4) a summary of all current research grants and contracts together with a description of the problems to be studied in such research; (5) an analysis and evaluation, including relevant policy recommendations, of research activities completed and technological progress achieved during such year; (6) a statement of enforcement actions including judicial decisions, settlements, defect notifications, and pending litigation commenced during the year; and (7) the extent to which technical information was disseminated to the scientific community and consumer-oriented information was made available to mobile home owners and prospective buyers.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The report required by subsection (a) of this section shall contain <sidenote><p class="indent0 firstIndent1 fontsize8">Recommendations for legislation.</p></sidenote> such recommendations for additional or revised legislation as the Secretary deems necessary to promote the improvement of mobile home construction and safety and to strengthen the national mobile home program.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>In order to assure a continuing and effective national mobile home construction and safety program, it is the policy of Congress to encourage the adoption of State inspection of used mobile homes. Therefore, to that end the Secretary shall conduct a thorough study <sidenote><p class="indent0 firstIndent1 fontsize8">Study and investigation.</p></sidenote> and investigation to determine the adequacy of mobile home construction and safety standards and mobile home inspection requirements and procedures applicable to used mobile homes in each State, and the effect of programs authorized by this title upon such standards, requirements, and procedures for used mobile homes, and report to Congress as soon as practicable, but not later than one year after the date of enactment of this Act, the results of such study, and recommendations for such additional legislation as he deems necessary to carry out the purposes of this title. Such report shall also include recommendations by the Secretary relating to the problems of disposal of used mobile homes.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">authorization of appropriations</inline></heading> <num value="627"><inline class="smallCaps">Sec.</inline> 627.</num> <content>There are authorized to be appropriated such sums as <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5426">42 USC 5426.</ref></p></sidenote> may be necessary to carry out the provisions of this title.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">effective date</inline></heading> <num value="628"><inline class="smallCaps">Sec.</inline> 628.</num> <content>The provisions of this title shall take effect upon the expiration <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5401">42 USC 5401</ref> note.</p></sidenote> of 180 days following the date of enactment of this title.</content> </section> <num value="VII">TITLE VII—</num><heading class="inline">CONSUMER HOME MORTGAGE ASSISTANCE</heading><sidenote><p class="indent0 firstIndent1 fontsize8">Consumer Home Mortgage Assistance Act of 1974.</p></sidenote> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">short title</inline></heading> <num value="701"><inline class="smallCaps">Sec.</inline> 701.</num> <content>This title may be cited as the “<shortTitle role="title">Consumer Home Mortgage <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1564">12 USC 1564</ref> note.</p></sidenote> Assistance Act of 1974</shortTitle>”.</content> </section> <page identifier="/us/stat/88/715">88 <inline class="smallCaps">Stat.</inline> 715</page> <part> <num value="A"><inline class="smallCaps">Part A—</inline></num><heading><inline class="smallCaps">Lending and Investment Powers, Federal Savings and Loan Associations</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">construction loans</inline></heading> <num value="702"><inline class="smallCaps">Sec.</inline> 702.</num> <content>Section 5(c) of the Home Owners’ Loan Act of 1933 (12 U.S.C. 1464(c)) is amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><content>“Without regard to any other provision of this subsection, any such association is authorized to invest an amount, not exceeding the greater of (A) the sum of its surplus, undivided profits, and reserves or (B) 3 per centum of its assets, in loans or in interests therein the principal purpose of which is to provide financing with respect to what is or is expected to become primarily residential real estate within one hundred miles of its home office or within the State in which such office is located, where (i) the association relies substantially for repayment on the borrower’s general credit standing and forecast of income, with or without other security, or (ii) the association relies on other assurances for repayment, including but not limited to a guaranty or similar obligation of a third party, and, in either case described in clause (i) or (ii), regardless of whether or not the association takes security; and investments under this sentence shall not be included in any percentage of assets or other percentage referred to in this subsection.”</content></paragraph> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">single family dwelling limitations</inline></heading> <num value="703"><inline class="smallCaps">Sec.</inline> 703.</num> <content>Section 5(c) of the Home Owners’ Loan Act of 1933 (12 U.S.C. 1464(c)) is amended by striking out “<quotedText>$45,000</quotedText>” immediately before “<quotedText>for each single family dwelling</quotedText>” and inserting in lieu thereof “<quotedText>$55,000 (except that with respect to dwellings in Alaska, Guam, and Hawaii the foregoing limitation may, by regulation of the Board, be increased by not to exceed 50 per centum)</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">lending authority under the home owners’ loan act</inline></heading> <num value="704"><inline class="smallCaps">Sec.</inline> 704.</num> <content>Section 5(c) of the Home Owners’ Loan Act of 1933 (12 U.S.C. 1464(c)), as amended by section 702 of this Act, is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Supra.</i></p></sidenote> by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><content>“Subject to such prohibitions, limitations, and conditions as the Board may prescribe, any such association may invest in loans and advances of credit and interests therein upon the security of or respecting real property or interests therein used for primarily residential purposes (all of which may be defined by the Board) that do not comply with the limitations and restrictions in this subsection, but no investment shall be made by an association under this sentence if its aggregate outstanding investment under this sentence determined as prescribed by the Board, exclusive of any investment which is or at the time of its making was otherwise authorized, would thereupon exceed 5 per centum of its assets.”.</content></paragraph> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">amendment to the home owners’ loan act of 1933 concerning property improvement loans</inline></heading> <num value="705"><inline class="smallCaps">Sec.</inline> 705.</num> <content>The second and third undesignated paragraphs of section 5(c) of the Home Owners’ Loan Act of 1933 (12 U.S.C. 1464(c)) are amended by striking out “<quotedText>$5,000</quotedText>” and inserting in lieu thereof “<quotedText>$10,000</quotedText>”.</content> </section> <page identifier="/us/stat/88/716">88 <inline class="smallCaps">Stat.</inline> 716</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">advances from a state chartered central reserve institution including mortgage finance agencies</inline></heading> <num value="706"><inline class="smallCaps">Sec.</inline> 706.</num> <content>Section 5(c) of the Home Owners’ Loan Act of 1933 (12 U.S.C. 1464(c)), as amended by sections 702 and 704 of this Act, is <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 715.</p></sidenote> amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><content>“Subject to regulation by the Board but without regard to any other provision of this subsection, any such association whose general reserves, surplus, and undivided profits aggregate a sum in excess of 5 per centum of its withdrawable accounts is authorized to borrow funds from a State mortgage finance agency of the State in which the head office of such association is situated to the same extent as State law authorizes a savings and loan association organized under the laws of such State to borrow from the State mortgage finance agency, except that such an association may not make any loan of such funds at an interest rate which exceeds by more than 1¾ per centum per annum the interest rate paid to the State mortgage finance agency on the obligations issued to obtain the funds so borrowed.”</content></paragraph> </quotedContent> </content> </section> </part> <part><num value="B"><inline class="smallCaps">Part B—</inline></num><heading><inline class="smallCaps">National Banks</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">real estate loans by national banks</inline></heading> <num value="711"><inline class="smallCaps">Sec.</inline> 711.</num> <content>Section 24 of the Federal Reserve Act (12 U.S.C. 371) is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“real estate loans by national banks</inline></heading> <num value="24"><inline class="smallCaps">“Sec.</inline> 24</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Any national banking association may make real estate loans, secured by liens upon unimproved real estate, upon improved real estate, including improved farmland and improved business and residential properties, and upon real estate to be improved by a building or buildings to be constructed or in the process of construction, in an amount which when added to the amount unpaid upon prior mortgages, liens, encumbrances, if any, upon such real estate does not exceed the respective proportions of appraised value as provided in this section. A loan secured by real estate within the meaning of this section shall be in the form of an obligation or obligations secured by a mortgage, trust deed, or other instrument, which shall constitute a lien on real estate in fee or, under such rules and regulations as may be prescribed by the Comptroller of the Currency, on a leasehold under a lease which does not expire for at least ten years beyond the maturity date of the loan, and any national banking association may purchase or sell any obligations so secured in whole or in part. The amount of any such loan hereafter made shall not exceed 66⅔ per centum of the appraised value if such real estate is unimproved, 75 per centum of the appraised value if such real estate is improved by offsite improvements such as streets, water, sewers, or other utilities, 75 per centum of the appraised value if such real estate is in the process of being improved by a building or buildings to be constructed or in the process of construction, or 90 per centum of the appraised value if such real estate is improved by a building or buildings. If any such loan exceeds 75 per centum of the appraised value of the real estate or if the real estate is improved with a one-to four-family dwelling, installment payments shall be required which are sufficient to amortize the entire principal of the loan within a period of not more than thirty years.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>The limitations and restrictions set forth in paragraph (1) shall not prevent the renewal or extension of loans heretofore made and shall not apply to real estate loans (A) which are insured under <page identifier="/us/stat/88/717">88 <inline class="smallCaps">Stat.</inline> 717</page> the provisions of the National Housing Act, (B) which are insured <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701">12 USC 1701</ref> and note.</p></sidenote> by the Secretary of Agriculture pursuant to title I of the Bankhead-Jones Farm Tenant Act, or the Act of August 28, 1937, as amended, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t7/s1000">7 USC 1000</ref> and note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1471">42 USC 1471.</ref></p></sidenote> or title V of the Housing Act of 1949, as amended, or (C) which are guaranteed by the Secretary of Housing and Urban Development, for the payment of the obligations of which the full faith and credit of the United States is pledged, and such limitations and restrictions shall not apply to real estate loans which are fully guaranteed or insured by a State, or any agency or instrumentality thereof, or by a State authority for the payment of the obligations of which the faith and credit of the State is pledged, if under the terms of the guaranty or insurance agreement the association will be assured of repayment in accordance with the terms of the loan, or to any loan at least 20 per centum of which is guaranteed under chapter 37 of title 38, United States Code.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t38/s1801">38 USC 1801.</ref></p></sidenote></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>Loans which are guaranteed or insured as described in paragraph (2) shall not be taken into account in determining the amount of real estate loans which a national banking association may make in relation to its capital and surplus or its time and savings deposits or in determining the amount of real estate loans secured by other than first liens. Where the collateral for any loan consists partly of real estate security and partly of other security, including a guaranty or endorsement by or an obligation or commitment of a person other than the borrower, only the amount by which the loan exceeds the value as collateral of such other security shall be considered a loan upon the security of real estate, and in no event shall a loan be considered as a real estate loan where there is a valid and binding agreement which is entered into by a financially responsible lender or other party either directly with the association or which is for the benefit of or has been assigned to the association and pursuant to which agreement the lender or other party is required to advance to the association within sixty months from the date of the making of such loan the full amount of the loan to be made by the association upon the security of real estate. Except as otherwise provided, no such association shall make real estate loans in an aggregate sum in excess of the amount of the capital stock of such association paid in and unimpaired plus the amount of its unimpaired surplus fund, or in excess of the amount of its time and savings deposits, whichever is greater: <proviso><i>Provided</i>, That the amount unpaid upon real estate loans secured by other than first liens, when added to the amount unpaid upon prior mortgages, liens, and encumbrances, shall not exceed in an aggregate sum 20 per centum of the amount of the capital stock of such association paid in and unimpaired plus 20 per centum of the amount of its unimpaired surplus fund.</proviso></content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Any national banking association may make real estate loans secured by liens upon forest tracts which are properly managed in all respects. Such loans shall be in the form of an obligation or obligations secured by mortgage, trust deed, or other such instrument; and any national banking association may purchase or sell any obligations so secured in whole or in part. The amount of any such loan, when added to the amount unpaid upon prior mortgages, liens, and encumbrances, if any, shall not exceed 66⅔ per centum of the appraised fair market value of the growing timber, lands, and improvements thereon offered as security and the loan shall be made upon such terms and conditions as to assure that at no time shall the loan balance, when added to the amount unpaid upon prior mortgages, liens, and encumbrances, if any, exceed 66⅔ per centum of the original appraised total value of the property then remaining. No such loan shall be made for a longer term than three years; except that any such loan may be made for a term not longer than fifteen years <page identifier="/us/stat/88/718">88 <inline class="smallCaps">Stat.</inline> 718</page> if the loan is secured by an amortized mortgage, deed of trust, or other such instrument under the terms of which the installment payments are sufficient to amortize the principal of the loan within a period of not more than fifteen years and at a rate at least 6⅔ per centum per annum. All such loans secured by liens upon forest tracts shall be included in the permissible aggregate of all real estate loans and, when secured by other than first liens, in the permissible aggregate of all real estate loans secured by other than first liens, prescribed in subsection (a), but no national banking association shall make forest tract loans in an aggregate sum in excess of 50 per centum of its capital stock paid in and unimpaired plus 50 per centum of its unimpaired surplus fund.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>Loans made to finance the construction of a building or buildings and having maturities of not to exceed sixty months where there is a valid and binding agreement entered into by a financially responsible lender or other party to advance the full amount of the bank’s loan upon completion of the building or buildings, and loans made to finance the construction of residential or farm buildings and having maturities of not to exceed sixty months, may be considered as real estate loans if the loans qualify under this section, or such loans may be classed as commercial loans whether or not secured by a mortgage or similar lien on the real estate upon which the building or buildings are being constructed, at the option of each national banking association that may have an interest in such loan: <proviso><i>Provided</i>, That no national banking association shall invest in, or be liable on, any such loans classed as commercial loans under this subsection in an aggregate amount in excess of 100 per centum of its actually paid-in and unimpaired capital plus 100 per centum of its unimpaired surplus fund.</proviso></content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>Notes representing loans made under this section to finance the construction of residential or farm buildings and having maturities of not to exceed nine months shall be eligible for discount as commercial paper within the terms of the second paragraph of section 13 of this Act if accompanied by a valid and binding agreement <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s343">12 USC 343.</ref></p></sidenote> to advance the full amount of the loan upon the completion of the building entered into by an individual, partnership, association, or corporation acceptable to the discounting bank.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <content>Loans made to any borrower (i) where the association looks for repayment by relying primarily on the borrower’s general credit standing and forecast of income, with or without other security, or (ii) secured by an assignment of rents under a lease, and where, in either case described in clause (i) or (ii) above, the association wishes to take a mortgage, deed of trust, or other instrument upon real estate (whether or not constituting a first lien) as a precaution against contingencies, and loans in which the Small Business Administration cooperates through agreements to participate on an immediate or deferred or guaranteed basis under the Small Business Act, shall not <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s631">15 USC 631</ref> note.</p></sidenote> be considered as real estate loans within the meaning of this section but shall be classed as commercial loans.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <content>Any national banking association may make loans upon the security of real estate that do not comply with the limitations and restrictions in this section, if the total unpaid amount loaned, exclusive of loans which subsequently comply with such limitations and restrictions, does not exceed 10 per centum of the amount that a national banking association may invest in real estate loans. The total unpaid amount so loaned shall be included in the aggregate sum that such association may invest in real estate loans.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">“(g)</num> <content>Loans made pursuant to this section shall be subject to such conditions and limitations as the Comptroller of the Currency may prescribe by rule or regulation.”.</content></subsection></section> </quotedContent> </content> </section> </part> <page identifier="/us/stat/88/719">88 <inline class="smallCaps">Stat.</inline> 719</page> <part> <num value="C"><inline class="smallCaps">Part C—</inline></num><heading><inline class="smallCaps">Federal Credit Unions</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">lending authority and depository authority</inline></heading> <num value="721"><inline class="smallCaps">Sec.</inline> 721.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Paragraph (6) of section 107 of the Federal Credit Union Act (12 U.S.C. 1757(6)) is amended to read as follows: <quotedContent> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <content>to make loans to its own directors and to members of its own supervisory credit committee provided that any such loan or aggregate of loans to one director or committee member which exceeds $2,500 plus pledged shares must be approved by the board of directors, and to permit directors and members of its own supervisory or credit committee to act as guarantor or endorser of loans to other members, except that when such a loan standing alone or when added to any outstanding loan or loans of the guarantor exceeds $2,500, approval by the board of directors is required;”.</content></paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Paragraph (9) of such section is amended by inserting immediately before the semicolon at the end thereof the following: “<quotedText>, and for Federal credit unions or credit unions authorized by the Department of Defense operating suboffices on American military installations in foreign countries or trust territories of the United States to maintain demand deposit accounts in banks located in those countries or trust territories, subject to such regulations as may be issued by the Administrator and provided such banks are correspondents of banks described in this paragraph</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">fees</inline></heading> <num value="722"><inline class="smallCaps">Sec.</inline> 722.</num> <content>The first sentence of section 109 of the Federal Credit Union Act (12 U.S.C. 1759) is amended by striking out “<quotedText>the entrance fee</quotedText>” and inserting in lieu thereof “<quotedText>a uniform entrance fee if required by the board of directors</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">directors</inline></heading> <num value="723"><inline class="smallCaps">Sec.</inline> 723.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The third sentence of section 113 of the Federal Credit Union Act (12 U.S.C. 1761b) is amended by inserting “<quotedText>, except that the board may designate a committee of not less than two to act as an investment committee, such investment committee to have charge of making investments under rules and procedures established by the board of directors</quotedText>” immediately after “<quotedText>have charge of investments other than loans to members</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The fourth sentence of such section is amended by striking out “<quotedText>act for it in the purchase and sale of securities, the borrowing of funds, and making of loans to other credit unions</quotedText>” and inserting in lieu thereof “<quotedText>exercise such authority as may be delegated to it subject to such conditions and limitations as may be prescribed by the board</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The fifth sentence of such section is amended by striking out “<quotedText>a membership officer</quotedText>” and inserting in lieu thereof “<quotedText>one or more membership officers</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Such section is amended by adding at the end thereof the following new sentence: “<quotedText>If a membership application is denied, the reasons therefor shall be furnished in writing to the person whose application is denied, upon written request.</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">supervisory committees</inline></heading> <num value="724"><inline class="smallCaps">Sec.</inline> 724.</num> <content>Section 115 of the Federal Credit Union Act (12 U.S.C. 1761d) is amended by striking out “<quotedText>a semiannual</quotedText>” and inserting in lieu thereof “<quotedText>an annual</quotedText>”.</content> </section> <page identifier="/us/stat/88/720">88 <inline class="smallCaps">Stat.</inline> 720</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">dividends</inline></heading> <num value="725"><inline class="smallCaps">Sec.</inline> 725.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The first sentence of section 117 of the Federal Credit Union Act (12 U.S.C. 1763) is amended by striking out “<quotedText>Annually, semiannually, or quarterly, as the bylaws may provide</quotedText>” and inserting in lieu thereof “<quotedText>At such intervals as the board of directors may authorize</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The last sentence of such section is amended by striking out “<quotedText>for a month</quotedText>”, and by striking out “<quotedText>which are or become fully paid up during the first ten days of that month</quotedText>” and inserting in lieu thereof “<quotedText>as authorized by the board of directors</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">applicability</inline></heading> <num value="726"><inline class="smallCaps">Sec.</inline> 726.</num> <content>Section 126 of the Federal Credit Union Act (12 U.S.C. 1772) is amended by inserting immediately after “<quotedText>the several territories</quotedText>” the following: “<quotedText>, including the trust territories,</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">definition of members accounts</inline></heading> <num value="727"><inline class="smallCaps">Sec.</inline> 727.</num> <chapeau>Section 202(h) of the Federal Credit Union Act (12 U.S.C. 1782(h)) is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>and</quotedText>” at the end of paragraph (1);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out the period at the end of paragraph (2) and inserting in lieu thereof “<quotedText>; and</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by adding after paragraph (2) the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>the term ‘members accounts’ when applied to the premium charge for insurance of the accounts of federally insured credit unions shall not include amounts in excess of the insured account limit set forth in section 207(c).”<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1787">12 USC 1787.</ref></p></sidenote></content></paragraph> </quotedContent> </content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">termination</inline></heading> <num value="728"><inline class="smallCaps">Sec.</inline> 728.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 206(a) of the Federal Credit Union Act (12 U.S.C. 1786(a)) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="a">“(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Any insured credit union other than a Federal credit union may, upon not less than ninety days’ written notice to the Administrator and upon the affirmative vote of a majority of its members within one year prior to the giving of such notice, terminate its status as an insured credit union.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>Any insured credit union, other than a Federal credit union, which has obtained a new certificate of insurance from a corporation authorized and duly licensed to insure member accounts may upon not less than ninety days’ written notice to the Administrator convert from status as an insured credit union under this Act: <proviso><i>Provided</i>. That at the time of giving notice to the Administrator the provisions of paragraph (b)(1) of this section are not being invoked against the credit union.</proviso>”.</content></paragraph></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The first sentence of section 206(c) of such Act is amended by inserting “<quotedText>(1)</quotedText>” immediately after “<quotedText>(a)</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Section 206(d) of such Act is amended by inserting “<quotedText>(1)</quotedText>” immediately after “<quotedText>(d)</quotedText>”, and by adding at the end thereof the following new paragraphs:<quotedContent> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>No credit union shall convert from status as an insured credit union under this Act as provided under subsection (a)(2) of this section until the proposition for such conversion has been approved by a <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Supra.</i></p></sidenote> majority of all the directors of the credit union, and by affirmative vote of a majority of the members of the credit union who vote on the proposition in a vote in which at least 20 per centum of the total membership <page identifier="/us/stat/88/721">88 <inline class="smallCaps">Stat.</inline> 721</page> of the credit union participates. Following approval by the directors, written notice of the proposition and of the date set for the membership vote shall be delivered in person to each member, or mailed to each member at the address for such member appearing on the records of the credit union, not more than thirty nor less than seven days prior to such date. The membership shall be given the opportunity to vote by mail ballot. If the proposition is approved by the membership, prompt and reasonable notice of insurance conversion shall be given to all members.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>In the event of a conversion of a credit union from status as an insured credit union under this Act as provided under subsection (a) (2) of this section, premium charges payable under section 202(c) of this Act shall be reduced by an amount proportionate to the number of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1782">12 USC 1782.</ref></p></sidenote> calendar months for which the converting credit union will no longer be insured under this Act. As long as a converting credit union remains insured under this Act, it shall remain subject to all of the provisions of chapter II of this Act.”.</content></paragraph> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">liquidation</inline></heading> <num value="729"><inline class="smallCaps">Sec.</inline> 729.</num> <content>Section 208(a)(1) of the Federal Credit Union Act (12 U.S.C. 1788(a)(1)) is amended to read as follows: <quotedContent> <paragraph class="indent0 fontsize10"><num value="1">“(1)</num> <content>In order to reopen a closed insured credit union or in order to prevent the closing of an insured credit union which the Administrator has determined is in danger of closing or in order to assist in the voluntary liquidation of a solvent credit union, the Administrator, in his discretion, is authorized to make loans to, or purchase the assets of, or establish accounts in such insured credit union upon such terms and conditions as he may prescribe. Except with respect to the voluntary liquidation of a solvent credit union, such loans shall be made and such accounts shall be established only when, in the opinion of the Administrator, such action is necessary to protect the fund or the interests of the members of the credit union.”</content></paragraph> </quotedContent> </content> </section> </part> <num value="VIII">TITLE VIII—</num><heading class="inline">MISCELLANEOUS</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">national housing goal</inline></heading> <num value="801"><inline class="smallCaps">Sec.</inline> 801.</num> <chapeau>Title XVI of the Housing and Urban Development Act of 1968 is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by inserting “<quotedText>(a)</quotedText>” before “<quotedText>The Congress</quotedText>” in the first sentence of section 1601;<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1441a">42 USC 1441a.</ref></p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by adding at the end of section 1601 the following new subsections: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The Congress further finds that policies designed to contribute to the achievement of the national housing goal have not directed sufficient attention and resources to the preservation of existing housing and neighborhoods, that the deterioration and abandonment of housing for the Nation’s lower income families has accelerated over the last decade, and that this acceleration has contributed to neighborhood disintegration and has partially negated the progress toward achieving the national housing goal which has been made primarily through new housing construction.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>The Congress declares that if the national housing goal is to be achieved, a greater effort must be made to encourage the preservation of existing housing and neighborhoods through such measures as housing preservation, moderate rehabilitation, and improvements in housing management and maintenance, in conjunction with the provision of adequate municipal services. Such an effort should concentrate, to a greater extent than it has in the past, on housing and <page identifier="/us/stat/88/722">88 <inline class="smallCaps">Stat.</inline> 722</page> neighborhoods where deterioration is evident but has not yet become acute.”; and</content></subsection></quotedContent></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by redesignating clauses (3) through (6) of section 1603 as <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1441c">42 USC 1441c.</ref></p></sidenote> clauses (4) through (7), respectively, and by inserting after clause (2) the following new clause: <quotedContent> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>provide an assessment of developments and progress during the preceding fiscal year with respect to the preservation of deteriorating housing and neighborhoods and indicate the efforts to be undertaken in future years to encourage such action;”.</content></paragraph> </quotedContent> </content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">state housing finance and development agencies</inline></heading> <num value="802"><inline class="smallCaps">Sec.</inline> 802.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">It is the purpose of this section to encourage the formation <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1440">42 USC 1440.</ref></p></sidenote> and effective operation of State housing finance agencies and State development agencies which have authority to finance, to assist in carrying out, or to carry out activities designed to (1) provide housing and related facilities through land acquisition, construction, or rehabilitation, for persons and families of low, moderate, and middle income, (2) promote the sound growth and development of neighborhoods through the revitalization of slum and blighted areas, (3) increase and improve employment opportunities for the unemployed and underemployed through the development and redevelopment of industrial, manufacturing, and commercial facilities, or (4) implement the development aspects of State land use and preservation policies, including the advance acquisition of land where it is consistent with such policies. The Secretary of Housing and Urban Development shall encourage maximum participation by private and nonprofit developers in activities assisted under this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">A State housing finance or State development agency is eligible for assistance under this section only if the Secretary determines that it is fully empowered and has adequate authority to at least carry out or assist in carrying out the purposes specified in clause (1) of subsection (a).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>for the purpose of this section—<sidenote><p class="indent0 firstIndent1 fontsize8">Definitions.</p></sidenote></chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the term “State housing finance or State development agency” means any public body or agency, publicly sponsored corporation, or instrumentality of one or more States which is designated by the Governor (or Governors in the case of an interstate development agency) for purposes of this section;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>the term “Secretary” means the Secretary of Housing and Urban Development.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Secretary is authorized to guarantee, and enter into <sidenote><p class="indent0 firstIndent1 fontsize8">Guarantees.</p></sidenote> commitments to guarantee, the bonds, debentures, notes, and other obligations issued by State housing finance or State development agencies to finance development activities as determined by him to be in furtherance of the purpose of clause (1) or (2) of subsection (a), except that obligations issued to finance activities solely in furtherance of the purpose of clause (1) of subsection (a) may be guaranteed only if the activities are in connection with the revitalization of slum or blighted areas under title I of this Act or under any other program determined to be acceptable by the Secretary for this purpose.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 633.</p></sidenote></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Secretary is authorized to make, and to contract to make, <sidenote><p class="indent0 firstIndent1 fontsize8">Grants.</p></sidenote> grants to or on behalf of a State housing finance or State development agency to cover not to exceed 33% per centum of the interest payable on bonds, debentures, notes, and other obligations issued by such <page identifier="/us/stat/88/723">88 <inline class="smallCaps">Stat.</inline> 723</page> agency to finance development activities in furtherance of the purposes of this section.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>No obligation shall be guaranteed or otherwise assisted under this section unless the interest income thereon is subject to Federal taxation as provided in subsection (h)(2), except that use of guarantees provided for in this subsection shall not be made a condition to nor preclude receipt of any other Federal assistance.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>The full faith and credit of the United States is pledged to the payment of all guarantees made under this section with respect to principal, interest, and any redemption premiums. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the obligation involved for such guarantee, and the validity of any guarantee so made shall be incontestable in the hands of a holder of the guaranteed obligation.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>The Secretary is authorized to establish and collect such fees and <sidenote><p class="indent0 firstIndent1 fontsize8">Fees.</p></sidenote> charges for and in connection with guarantees made under this section as he considers reasonable.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="6">(6)</num> <content>There are authorized to be appropriated such sums as may be <sidenote><p class="indent0 firstIndent1 fontsize8">Appropriation.</p></sidenote> necessary to make payments as provided for in contracts entered into by the Secretary under paragraph (2) of this subsection, and payments pursuant to such contracts shall not exceed $50,000,000 per annum prior to July 1, 1975, which maximum dollar amount shall be increased by $60,000,000 on July 1, 1975. The aggregate principal amount of the obligations which may be guaranteed under this section and outstanding at any one time shall not exceed $500,000,000.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d))</num> <chapeau>The Secretary shall take such steps as he considers reasonable to assure that bonds, debentures, notes, and other obligations which are guaranteed under subsection (c) will—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>be issued only to investors approved by, or meeting requirements prescribed by, the Secretary, or, if an offering to the public is contemplated, be underwritten upon terms and conditions approved by the Secretary;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>bear interest at a rate satisfactory to the Secretary;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>contain or be subject to repayment, maturity, and other provisions satisfactory to the Secretary; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>contain or be subject to provisions with respect to the protection of the security interests of the United States, including any provisions deemed appropriate by the Secretary relating to subrogation, liens, and releases of liens, payment of taxes, cost certification procedures, escrow or trusteeship requirements, or other matters.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Secretary is authorized to establish a revolving fund <sidenote><p class="indent0 firstIndent1 fontsize8">Revolving fund, establishment.</p></sidenote> to provide for the timely payment of any liabilities incurred as a result of guarantees under subsection (c) and for the payment of obligations issued to the Secretary of the Treasury under paragraph (2) of this subsection. Such revolving fund shall be comprised of (A) receipts from fees and charges; (B) recoveries under security, subrogation, and other rights; (C) repayments, interest income, and any other receipts obtained in connection with guarantees made under subsection (c); (D) proceeds of the obligations issued to the Secretary of the Treasury pursuant to paragraph (2) of this subsection; and (E) such <sidenote><p class="indent0 firstIndent1 fontsize8">Appropriation.</p></sidenote> sums, which are hereby authorized to be appropriated, as may be required for such purposes. Money in the revolving fund not currently needed for the purpose of this section shall be kept on hand or on deposit, or invested in obligations of the United States or guaranteed thereby, or in obligations, participations, or other instruments which are lawful investments for fiduciary, trust, or public funds.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Secretary may issue obligations to the Secretary of the Treasury in an amount sufficient to enable the Secretary to carry out his functions with respect to the guarantees authorized by subsection <page identifier="/us/stat/88/724">88 <inline class="smallCaps">Stat.</inline> 724</page> (c). The obligations issued under this paragraph shall have such maturities and bear such rate or rates of interest as shall be determined by the Secretary of the Treasury. The Secretary of the Treasury is authorized and directed to purchase any obligations so issued, and for that purpose he is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, and the purposes for which securities may be issued under that Act are extended to include purchases of the obligations <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s774">31 USC 774.</ref></p></sidenote> hereunder.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Notwithstanding any other provision of law relating to the acquisition, handling, improvement, or disposal of real and other property by the United States, the Secretary shall have power, for the protection of the interests of the fund authorized under this subsection, to pay out of such fund all expenses or charges in connection with the acquisition, handling, improvement, or disposal of any property, real or personal, acquired by him as a result of recoveries under security, subrogation, or other rights.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>The Secretary is authorized to provide, either directly or by <sidenote><p class="indent0 firstIndent1 fontsize8">Technical assistance.</p></sidenote> contract or other arrangements, technical assistance to State housing finance or State development agencies to assist them in connection with planning and carrying out development activities in furtherance of the purpose of this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>All laborers and mechanics employed by contractors or subcontractors in housing or development activities assisted under this section shall be paid wages at rates not less than those prevailing on similar work in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a–276a–5): <proviso><i>Provided</i>, That this section shall apply to the construction of residential property only if such property is designed for residential use for eight or more families.</proviso> No assistance shall be extended under this section with respect to any development activities without first obtaining adequate assurance that these labor standards will be maintained upon the work involved in such activities. The Secretary of Labor shall have, with respect to the labor standards specified in this subsection, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267), and section 2 of the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/app">5 USC app.</ref></p></sidenote> Act of June 13, 1934 (40 U.S.C. 276c).</content></subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">In the performance of, and with respect to, the functions, powers, and duties rested in him by this section, the Secretary, in addition to any authority otherwise vested to him, shall—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>have the power, notwithstanding any other provision of law, in connection with any guarantee under this section, whether before or after default, to provide by contract for the extinguishment upon default of any redemption, equitable, legal, or other right, title, or interest of a State housing finance or State development agency in any mortgage, deed, trust, or other instrument held by or on behalf of the Secretary for the protection of the security interests of the United States; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>have the power to foreclose on any property or commence any action to protect or enforce any right conferred upon him by law, contract, or other agreement, and bid for and purchase at any foreclosure or other sale any property in connection with which he has provided a guarantee pursuant to this section. In the event of any such acquisition, the Secretary may, notwithstanding any other provision of law relating to the acquisition, handling, or disposal of real property by the United States, complete, administer, remodel and convert, dispose of, lease, and otherwise deal with, such property. Notwithstanding any other provision of law, the Secretary shall also have power to pursue to final collection by way of compromise or otherwise all claims acquired by him in <page identifier="/us/stat/88/725">88 <inline class="smallCaps">Stat.</inline> 725</page> connection with any security, subrogation, or other rights obtained by him in administering this section.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>With respect to any obligation issued by a State housing finance or State development agency for which the issuer has elected to receive the benefits of the assistance provided under this section, the interest paid on such obligation and received by the purchaser thereof (or his successor in interest) shall be included in gross income for the purposes of chapter 1 of the Internal Revenue Code of 54.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1">26 USC 1</ref> <i>et seq.</i></p></sidenote></content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="i">(i)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 24(a)(2) of the Federal Reserve Act (as amended by section 711 of this Act) is amended by inserting the following <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 716.</p></sidenote> before the period at the end thereof: “<quotedText>, or to obligations guaranteed under section 802 of the Housing and Community Development Act of 1974</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The twelfth paragraph of section 5(c) of the Homeowners’ Loan Act of 1933 is amended by adding in the last sentence immediately <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1464">12 USC 1464.</ref></p></sidenote> after the words “<quotedText>or under part B of the Urban Growth and New Community Development Act of 1970</quotedText>” the following: “<quotedText>or under section 802 of the Housing and Community Development Act of 1974</quotedText>”.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">new community program amendments</inline></heading> <num value="803"><inline class="smallCaps">Sec.</inline> 803.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Part B of title VII of the Housing and Urban Development Act of 1970 is amended by striking out “<quotedText>Community <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4511">42 USC 4511.</ref></p></sidenote> Development Corporation</quotedText>” wherever it appears and inserting in lieu thereof “<quotedText>New Community Development Corporation</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The heading of section 729 of such Act is amended by inserting <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4532">42 USC 4532.</ref></p></sidenote> “<quotedText><inline class="smallCaps">new</inline></quotedText>” before “<quotedText><inline class="smallCaps">community</inline></quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>Section 729(b) of such Act is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>five members</quotedText>” in the matter preceding paragraph (1) and inserting in lieu thereof “<quotedText>seven members</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>three persons</quotedText>” in paragraph (3) and inserting in lieu thereof “<quotedText>five persons</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The last sentence of section 713(a) of such Act is amended by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4514">42 USC 4514.</ref></p></sidenote> striking out “<quotedText>in amounts</quotedText>” and all that follows and inserting in lieu thereof “<quotedText>in amounts equal to 30 per centum of the interest paid on such obligations.</quotedText>”</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Section 718(c) of such Act is amended by inserting before the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4519">42 USC 4519.</ref></p></sidenote> period at the end thereof the following: “<quotedText>, or a project or portion of a project consisting of the purchase, renovation, or construction of facilities, the purchase of land, or the acquisition of equipment or works of art assisted by contracts or grants under section 5 of the National Foundation on the Arts and the Humanities Act of 1965</quotedText>”.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s954">20 USC 954.</ref></p></sidenote></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <chapeau>Section 711(f) of such Act is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4512">42 USC 4512.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>sewage disposal</quotedText>” in the first and second sentences and inserting in lieu thereof “<quotedText>sewage or waste disposal</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by inserting “<quotedText>community or neighborhood central heating or air-conditioning systems,</quotedText>” after “<quotedText>storm drainage facilities,</quotedText>” in the first sentence; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by inserting “<quotedText>, a community or neighborhood central heating or air-conditioning system,</quotedText>” after “<quotedText>disposal installation</quotedText>” in the second sentence.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">expansion of experimental housing allowance program</inline></heading> <num value="804"><inline class="smallCaps">Sec.</inline> 804.</num> <content>Section 504 of the Housing and Urban Development Act of 1970 is amended to read as follows:<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701z–3">12 USC 1701z–3.</ref></p></sidenote> <page identifier="/us/stat/88/726">88 <inline class="smallCaps">Stat.</inline> 726</page> <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“housing allowances</inline></heading> <num value="504"><inline class="smallCaps">“Sec.</inline> 504.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary is authorized to undertake on an experimental basis programs to demonstrate the feasibility of providing housing allowance payments to assist families in meeting rental or homeownership expenses.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>For the purpose of carrying out this section, the Secretary is authorized to make, and to contract to make, housing allowance payments to or on behalf of participating families. No housing allowance <sidenote><p class="indent0 firstIndent1 fontsize8">Time limitation.</p> <p class="indent0 firstIndent1 fontsize8">Appropriation.</p></sidenote> payments shall be made after July 1, 1985. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section, including such sums as may be necessary to make payments as provided for in contracts entered into under this section and such sums as may be necessary to cover administrative costs. The aggregate amount of contracts to make housing allowance payments shall not exceed amounts approved in appropriation Acts, and payments pursuant to such contracts shall not exceed $40,000,000 per annum. After January 1, 1975, the Secretary shall not enter into contracts under the United States Housing Act of 1937 to carry out the purposes <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 653.</p></sidenote>of this section. The Secretary may contract with public or private agencies for the performance of administrative functions in connection with the programs authorized by this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>The Secretary shall report to the Congress on his findings pursuant to this section not later than eighteen months after the enactment of the Housing and Community Development Act of 1974.”</content></subsection></section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">federal home loan mortgage corporation amendments</inline></heading> <num value="805"><inline class="smallCaps">Sec.</inline> 805.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Section 305(a)(1) of the Federal Home Loan Mortgage Corporation Act is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1454">12 USC 1454.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>, and to hold</quotedText>” and inserting in lieu thereof the following: “<quotedText>. The Corporation may hold</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out the period after “<quotedText>therein</quotedText>” and inserting in lieu thereof the following: “<quotedText>, and the servicing on any such mortgage may be performed by the seller or by a financial institution qualified as a seller under the provisions of the preceding sentence, or by a mortgagee approved by the Secretary of Housing and Urban Development for participation in any mortgage insurance program under the National Housing Act, with which <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701">12 USC 1701</ref> and note.</p></sidenote> institution or mortgagee the seller may contract.</quotedText>”</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>Section 305(a)(2) of such Act is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>75 per centum</quotedText>” each place it appears in the first sentence and inserting in lieu thereof “<quotedText>80 per centum</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>private</quotedText>” in clause (C) of the first sentence;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by striking out “<quotedText>10 per centum</quotedText>” in the third sentence and inserting in lieu thereof “<quotedText>20 per centum</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>by striking out “<quotedText>which are comparable to the limitations which would be applicable if the mortgage were insured by the Secretary of Housing and Urban Development under section 203 (b) or 207 of the National Housing Act</quotedText>” in the fourth sentence <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1709/s1713">12 USC 1709, 1713.</ref></p></sidenote> and inserting in lieu thereof the following: “<quotedText>, but such limitations shall not exceed the limitations contained in the first proviso to the first sentence of section 5(c) of the Home Owners’ Loan Act of 1933</quotedText>”.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1464">12 USC 1464.</ref></p></sidenote></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 5136 of the Revised Statutes is amended by inserting <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s24">12 USC 24.</ref></p></sidenote> immediately after “<quotedText>Government National Mortgage Association</quotedText>” in paragraph Seventh thereof the following: “<quotedText>, or mortgages, obligations, or other securities which are or ever have been sold by the Federal Home Loan Mortgage Corporation pursuant to section 305 or section 306 of the Federal Home Loan Mortgage Corporation Act</quotedText>”.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><i>Supra.</i></p></sidenote></paragraph> <page identifier="/us/stat/88/727">88 <inline class="smallCaps">Stat.</inline> 727</page> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 11(h) of the Federal Home Loan Bank Act is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1431">12 USC 1431.</ref></p></sidenote> by inserting immediately after “<quotedText>Government National Mortgage Association</quotedText>” the following: “<quotedText>, in mortgages, obligations, or other securities which are or ever have been sold by the Federal Home Loan Mortgage Corporation pursuant to section 305 or section 306 of the Federal Home Loan Mortgage Corporation Act</quotedText>”.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1454/s1455">12 USC 1454, 1455.</ref></p></sidenote></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Section 16 of the Federal Home Loan Bank Act is amended by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1436">12 USC 1436.</ref></p></sidenote> inserting immediately after “<quotedText>Government National Mortgage Association</quotedText>” the following: “<quotedText>, in mortgages, obligations, or other securities which are or ever have been sold by the Federal Home Loan Mortgage Corporation pursuant to section 305 or section 306 of the Federal Home Loan Mortgage Corporation Act</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>Section 5(c) of the Home Owners’ Loan Act of 1933 is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1464">12 USC 1464.</ref></p></sidenote> by inserting immediately after “<quotedText>Federal Home Loan Bank</quotedText>” in the first paragraph the following: “<quotedText>, or in mortgages, obligations, or other securities which are or ever have been sold by the Federal Home Loan Mortgage Corporation pursuant to section 305 or 306 of the Federal Home Loan Mortgage Corporation Act</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>Section 107(8)(E) of the Federal Credit Union Act is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1757">12 USC 1757.</ref></p></sidenote> by inserting immediately after “<quotedText>Government National Mortgage Association</quotedText>” the following: “<quotedText>; or in mortgages, obligations, or other securities which are or ever have been sold by the Federal Home Loan Mortgage Corporation pursuant to section 305 or section 306 of the Federal Home Loan Mortgage Corporation Act;</quotedText>”.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">federal national mortgage association amendments</inline></heading> <num value="806"><inline class="smallCaps">Sec.</inline> 806.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Section 302(a)(2) of the National Housing Act is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1717">12 USC 1717.</ref></p></sidenote> amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>the effective date established pursuant to section 808 of the Housing and Urban Development Act of 1968</quotedText>” in the matter preceding subparagraph (A) and inserting in lieu thereof “<quotedText>September 1, 1968</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>effective</quotedText>” in subparagraphs (A) and (B).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>The third sentence of section 302(a)(2)(B) of such Act is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by inserting “<quotedText>or the metropolitan area thereof</quotedText>” immediately after “<quotedText>District of Columbia</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by inserting “<quotedText>jurisdiction and</quotedText>” immediately before “<quotedText>venue</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by striking out “<quotedText>resident thereof</quotedText>” and inserting in lieu thereof “<quotedText>District of Columbia corporation</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Section 302(b)(2) of such Act is amended by striking out “<quotedText>75 per centum</quotedText>” each place it appears and inserting in lieu thereof “<quotedText>80 per centum</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Clause (C) of the second sentence of section 302(b)(2) of such Act is amended by striking out “<quotedText>private</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>The fourth sentence of section 302(b)(2) of such Act is amended by striking out “<quotedText>10 per centum</quotedText>” and inserting in lieu thereof “<quotedText>20 per centum</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>The last sentence of section 302(b)(2) of such Act is amended by striking out “<quotedText>which are comparable to the limitations which would be applicable if the mortgage were insured by the Secretary of Housing and Urban Development under section 203(b) or 207 of the National Housing Act</quotedText>” and inserting in lieu thereof the following: “<quotedText>, but such limitations shall not exceed the limitations contained in the first proviso of the first sentence of section 5(c) of the Home Owners Loan Act of 1933</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <chapeau>Section 303(a) of such Act is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1718">12 USC 1718.</ref></p></sidenote></chapeau> <page identifier="/us/stat/88/728">88 <inline class="smallCaps">Stat.</inline> 728</page> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out all of the first sentence which follows “<quotedText>directors</quotedText>” and inserting in lieu thereof a period; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out everything after the second sentence.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num> <chapeau>Section 303(c) of such Act is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1718">12 USC 1718.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>the effective date established pursuant to section 808 of the Housing and Urban Development Act of 1968</quotedText>” in the fourth sentence and inserting in lieu thereof “<quotedText>September 1, 1968,</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out the proviso in the last sentence.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="i">(i)</num> <content>Subsections (d) and (e) of section 303 of such Act are repealed.<sidenote><p class="indent0 firstIndent1 fontsize8">Repeal.</p></sidenote></content></subsection> <subsection class="indent0 fontsize10"><num value="j">(j)</num> <content>The last sentence of section 304(a)(1) of such Act is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1719">12 USC 1719.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z–8">12 USC 1715z–8.</ref></p></sidenote> by striking out “<quotedText>section 502 of the Emergency Home Finance Act of 1970</quotedText>” and inserting in lieu thereof “<quotedText>section 243 of the National Housing Act</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="k">(k)</num> <chapeau>Except with respect to any person receiving an annuity on the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1723a">12 USC 1723a</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1723a">12 USC 1723a.</ref></p></sidenote> date of the enactment of this Act, section 309(d)(2) of such Act is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>the termination of the transitional period referred to in section 810(b) of the Housing and Urban Development Act of 1968</quotedText>” and inserting in lieu thereof “<quotedText>January 31, 1972,</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by inserting “<quotedText>positions listed</quotedText>” immediately before “<quotedText>in section 5312</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by inserting before the period at the end of the next to last sentence the following: “<quotedText>: <proviso><i>Provided</i>, That with respect to any person whose employment is made subject to the civil service retirement law by section 806 of the Housing and Community Development Act of 1974, there shall not be considered for the purposes of such law that portion of his basic pay in any one year which exceeds the basic pay provided for positions listed in section 5316 of such title 5 on the last day of such year</proviso></quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="l">(l)</num> <content>Subsections (b) and (c) of section 810 of the Housing and Urban <sidenote><p class="indent0 firstIndent1 fontsize8">Repeal.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1716b/note">12 USC 1716b</ref> note.</p></sidenote> Development Act of 1968 are repealed.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">limitation on dollar amount of gnma-purchased mortgages</inline></heading> <num value="807"><inline class="smallCaps">Sec.</inline> 807.</num> <content>Clause (3) of the proviso in the first sentence of section <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1717">12 USC 1717.</ref></p></sidenote> 302(b)(1) of the National Housing Act is amended by striking out “<quotedText>$22,000</quotedText>” and inserting in lieu thereof the following: “<quotedText>$33,000 (or such higher amount not in excess of $38,000 as the Secretary may by regulation specify in any geographical area where he finds that cost levels so require)</quotedText>”.</content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">prohibition against discrimination on account of sex in extension of mortgage assistance; fair housing</inline></heading> <num value="808"><inline class="smallCaps">Sec.</inline> 808.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Title V of the National Housing Act is (as amended by sections 301 and 305 of this Act) is amended by adding at the end <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> pp. 676, 678.</p></sidenote> thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“prohibition against discrimination on account of sex in extension of mortgage assistance</inline></heading> <num value="527"><inline class="smallCaps">“Sec.</inline> 527.</num> <chapeau>No federally related mortgage loan, or Federal insurance, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1735f–5">12 USC 1735f–5.</ref></p></sidenote> guaranty, or other assistance in connection therewith (under this or any other Act), shall be denied to any person on account of sex; and every person engaged in making mortgage loans secured by residential real property shall consider without prejudice the combined income of both husband and wife for the purpose of extending mort-<page identifier="/us/stat/88/729">88 <inline class="smallCaps">Stat.</inline> 729</page>gage credit in the form of a federally related mortgage loan to a married couple or either member thereof.</chapeau> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <chapeau>For purposes of subsection (a), the term ‘federally related <sidenote><p class="indent0 firstIndent1 fontsize8">“Federally related mortgage loan.”</p></sidenote> mortgage loan’ means any loan which—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>is secured by residential real property designed principally for the occupancy of from one to four families; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">is made in whole or in part by any lender the deposits or accounts of which are insured by any agency of the Federal Government, or is made in whole or in part by any lender which is itself regulated by any agency of the Federal Government; or</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <content>is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by the Secretary of Housing and Urban Development or any other officer or agency of the Federal Government or under or in connection with a housing or urban development program administered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency; or</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">“(C)</num> <content>is eligible for purchase by the Federal National Mortgage Association, the Government National Mortgage Association, or the Federal Home Loan Mortgage Corporation, or from any financial institution from which it could be purchased by the Federal Home Loan Mortgage Corporation; or</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="D">“(D)</num> <content>is made in whole or in part by any ‘creditor’, as defined in section 103(f) of the Consumer Credit Protection Act of 1968 (15 U.S.C. 1602(f)), who makes or invests in residential real estate loans aggregating more than $1,000,000 per year.”</content></subparagraph></paragraph></subsection></section></quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Subsections (a), (b), (c), (d), and (e) of section 804 of the Act entitled “<quotedText>An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes</quotedText>”, approved April 11, 1968 (42 U.S.C. 3604), are amended by inserting a comma and the word “<quotedText>sex</quotedText>” immediately after the word “<quotedText>religion</quotedText>” each time it appears.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 805 of such Act is amended by inserting a comma and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3605">42 USC 3605.</ref></p></sidenote> the word “<quotedText>sex</quotedText>” immediately after the word “<quotedText>religion</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Section 806 of such Act is amended by inserting a comma and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3606">42 USC 3606.</ref></p></sidenote> the word “<quotedText>sex</quotedText>” immediately after the word “<quotedText>religion</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>Subsection (a), paragraph (1) of subsection (b), and subsection (c) of section 901 of such Act are amended by inserting a comma <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3631">42 USC 3631.</ref></p></sidenote> and the word “<quotedText>sex</quotedText>” immediately after the word “<quotedText>religion</quotedText>” each time it appears.</content></paragraph></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">national institute of building sciences</inline></heading> <num value="809"><inline class="smallCaps">Sec.</inline> 809.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Congress finds (A) that the lack of an <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701j–2">12 USC 1701j–2.</ref></p></sidenote> authoritative national source to make findings and to advise both the public and private sectors of the economy with respect to the use of building science and technology in achieving nationally acceptable standards and other technical provision for use in Federal, State, and local housing and building regulations is an obstacle to efforts by and imposes severe burdens upon all those who procure, design, construct, use, operate, maintain, and retire physical facilities, and frequently results in the failure to take full advantage of new and useful developments in technology which could improve our living environment;(B) that the establishment of model buildings codes or of a single national building code will not completely resolve the problem because of the difficulty at all levels of government in updating their housing and building regulations to reflect new developments in technology, as well as the irregularities and inconsistencies which arise in applying such requirements to particular localities or special local conditions; (C) that the lack of uniform housing and building regulatory provisions increases the costs of construction and thereby reduces the amount <page identifier="/us/stat/88/730">88 <inline class="smallCaps">Stat.</inline> 730</page> of housing and other community facilities which can be provided; and (D) that the existence of a single authoritative nationally recognized institution to provide for the evaluation of new technology could facilitate introduction of such innovations and their acceptance at the Federal, State, and local levels.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Congress further finds, however, that while an authoritative source of technical findings is needed, various private organizations and institutions, private industry, labor, and Federal and other governmental agencies and entities are presently engaged in building research, technology development, testing, and evaluation, standards and model code development and promulgation, and information dissemination. These existing activities should be encouraged and these capabilities effectively utilized wherever possible and appropriate to the purposes of this section.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The Congress declares that an authoritative nongovernmental instrument needs to be created to address the problems and issues described in paragraph (1), that the creation of such an instrument should be initiated by the Government, with the advice and assistance of the National Academy of Sciences-National Academy of Engineering-National Research Council (hereinafter referred to as the “Academies-Research Council”) and of the various sectors of the building community, including labor and management, technical experts in building science and technology, and the various levels of government.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">There is authorized to be established, for the purposes <sidenote><p class="indent0 firstIndent1 fontsize8">National Institute of Building Sciences.</p> <p class="indent0 firstIndent1 fontsize8">Establishment.</p></sidenote> described in subsection (a)(3), an appropriate nonprofit, nongovernmental instrument to be known as the National Institute of Building Sciences (hereinafter referred to as the “Institute”), which shall not be an agency or establishment of the United States Government. The Institute shall be subject to the provisions of this section and, to the extent consistent with this section, to a charter of the Congress if such a charter is requested and issued or to the District of Columbia Non-profit Corporation Act if that is deemed preferable.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/dcc/29/1001">D.C. Code 29–1001.</ref></p></sidenote></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Academies-Research Council, along with other agencies and organizations which are knowledgeable in the field of building technology, shall advise and assist in (A) the establishment of the Institute; (B) the development of an organizational framework to encourage and provide for the maximum feasible participation of public and private scientific, technical, and financial organizations, institutions, and agencies now engaged in activities pertinent to the development, promulgation, and maintenance of performance criteria, standards, and other technical provisions for building codes and other regulations; and (C) the promulgation of appropriate organizational rules and procedures including those for the selection and operation of a technical staff, such rules and procedures to be based upon the primary object of promoting the public interest and insuring that the widest possible variety of interests and experience essential to the functions of the Institute are represented in the Institute’s operations. Recommendations of the Academies-Research Council shall be based upon consultations with and recommendations from various private organizations and institutions, labor, private industry, and governmental agencies entities operating in the field, and the Consultative Council as provided for under subsection (c)(8).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Nothing in this section shall be construed as expressing the intent of the Congress that the Academies-Research Council itself be required to assume any function or operation vested in the Institute by or under this section.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Institute shall have a Board of Directors (hereinafter <sidenote><p class="indent0 firstIndent1 fontsize8">Board of Directors.</p></sidenote> referred to as the “Board”) consisting of not less than fifteen nor more than twenty-one members, appointed by the President of the United <page identifier="/us/stat/88/731">88 <inline class="smallCaps">Stat.</inline> 731</page> States by and with the advice and consent of the Senate. The Board shall be representative of the various segments of the building community, of the various regions of the country, and of the consumers who are or would be affected by actions taken in the exercise of the functions and responsibilities of the Institute, and shall include (A) representatives of the construction industry, including representatives of construction labor organizations, product manufacturers, and builders, housing management experts, and experts in building standards, codes, and fire safety, and (B) members representative of the public interest in such numbers as may be necessary to assure that a majority of the members of the Board represent the public interest and that there is adequate consideration by the Institute of consumer interests in the exercise of its functions and responsibilities. Those representing the public interest on the Board shall include architects, professional engineers, officials of Federal, State, and local agencies, and representatives of consumer organizations. Such members of the Board shall hold no financial interest or membership in, nor be employed by, or receive other compensation from, any company, association, or other group associated with the manufacture, distribution, installation, or maintenance of specialized building products, equipment, systems, subsystems, or other construction materials and techniques for which there are available substitutes.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The members of the initial Board shall serve as incorporators and shall take whatever actions are necessary to establish the Institute as provided for under subsection (b)(1).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The term of office of each member of the initial and succeeding <sidenote><p class="indent0 firstIndent1 fontsize8">Term of office.</p></sidenote> Boards shall be three years; except that (A) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and (B) the terms of office of members first taking office shall begin on the date of incorporation and shall expire, as designated at the time of their appointment, one-third at the end of one year, one-third at the end of two years, and one-third at the end of three years. No member shall be eligible to serve in excess of three consecutive terms of three years each. Notwithstanding the preceding provisions of this subsection, a member whose term has expired may serve until his successor has qualified.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>Any vacancy in the initial and succeeding Boards shall not <sidenote><p class="indent0 firstIndent1 fontsize8">Vacancies.</p></sidenote> affect its power, but shall be filled in the manner in which the original appointments were made, or, after the first five years of operation, as provided for by the organizational rules and procedures of the Institute.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>The President shall designate one of the members appointed to <sidenote><p class="indent0 firstIndent1 fontsize8">Chairman.</p></sidenote> the initial Board as Chairman; thereafter, the members of the initial and succeeding Boards shall annually elect one of their number as Chairman. The members of the Board shall also elect one or more of their Members as Vice Chairman. Terms of the Chairman and Vice Chairman shall be for one year and no individual shall serve as Chairman or Vice Chairman for more than two consecutive terms.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="6">(6)</num> <content>The members of the initial or succeeding Boards shall not, by <sidenote><p class="indent0 firstIndent1 fontsize8">Compensation and travel expenses.</p></sidenote> reason of such membership, be deemed to be employees of the United States Government. They shall, while attending meetings of the Board or while engaged in duties related to such meetings or in other activities of the Board pursuant to this section, be entitled to receive compensation at the rate of $100 per day including traveltime, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, equal to that authorized under section 5703 of title 5, United States Code, for persons in the Government service employed intermittently.</content></paragraph> <page identifier="/us/stat/88/732">88 <inline class="smallCaps">Stat.</inline> 732</page> <paragraph class="indent0 fontsize10"><num value="7">(7)</num> <content>The Institute shall have a president and such other executive officers and employees as may be appointed by the Board at rates of compensation fixed by the Board. No such executive officer or employee may receive any salary or other compensation from any source other than the Institute during the period of his employment by the Institute.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="8">(8)</num> <content>The Institute shall establish, with the advice and assistance of <sidenote><p class="indent0 firstIndent1 fontsize8">Consultative Council.</p> <p class="indent0 firstIndent1 fontsize8">Establishment.</p></sidenote> the Academies-Research Council and other agencies and organizations which are knowledgeable in the field of building technology, a Consultative Council, membership in which shall be available to representatives of all appropriate private trade, professional, and labor organizations, private and public standards, code, and testing bodies, public regulatory agencies, and consumer groups, so as to insure a direct line of communication between such groups and the Institute and a vehicle for representative hearings on matters before the Institute.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Institute shall have no power to issue any shares of stock, or to declare or pay any dividends.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>No part of the income or assets of the Institute shall inure to the benefit of any director, officer, employee, or other individual except as salary or reasonable compensation for services.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The Institute shall not contribute to or otherwise support any political party or candidate for elective public office.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">The Institute shall exercise its functions and responsibilities in four general areas, relating to building regulations, as follows:</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>Development, promulgation, and maintenance of nationally recognized performance criteria, standards, and other technical provisions for maintenance of life, safety, health, and public welfare suitable for adoption by building regulating jurisdictions and agencies, including test methods and other evaluative techniques relating to building systems, subsystems, components, products, and materials with due regard for consumer problems.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>Evaluation and prequalification of existing and new building technology in accordance with subparagraph (A).</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>Conduct of needed investigations in direct support of subparagraphs (A) and (B).</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>Assembly, storage, and dissemination of technical data and other information directly related to subparagraphs (A), (B), and (C).</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Institute in exercising its functions and responsibilities described in paragraph (1) shall assign and delegate, to the maximum extent possible, responsibility for conducting each of the needed activities described in paragraph (1) to one or more of the private organizations, institutions, agencies, and Federal and other governmental entities with a capacity to exercise or contribute to the exercise of such responsibility, monitor the performance achieved through assignment and delegation, and, when deemed necessary, reassign and delegate such responsibility.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The Institute in exercising its functions and responsibilities under paragraphs (1) and (2) shall (A) give particular attention to the development of methods for encouraging all sectors of the economy to cooperate with the Institute and to accept and use its technical findings, and to accept and use the nationally recognized performance criteria, standards, and other technical provisions developed for use in Federal, State, and local building codes and other regulations which result from the program of the Institute; (B) seek to assure that its actions are coordinated with related requirements which are imposed in connection with community and environmental development generally; and (C) consult with the Department of Justice and other agen-<page identifier="/us/stat/88/733">88 <inline class="smallCaps">Stat.</inline> 733</page>cies of government to the extent necessary to insure that the national interest is protected and promoted in the exercise of its functions and responsibilities.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Institute is authorized to accept contracts and grants <sidenote><p class="indent0 firstIndent1 fontsize8">Contracts and grants.</p></sidenote> from Federal, State, and local governmental agencies and other entities, and grants and donations from private organizations, institutions, and individuals.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Institute may, in accordance with rates and schedules established <sidenote><p class="indent0 firstIndent1 fontsize8">Fees.</p></sidenote> with guidance as provided under subsection (b)(2), establish fees and other charges for services provided by the Institute or under its authorization.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Amounts received by the Institute under this section shall be in addition to any amounts which may be appropriated to provide its initial operating capital under subsection (h).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Every department, agency, and establishment of the Federal Government, in carrying out any building or construction, or any building- or construction-related programs, which involves direct expenditures, and in developing technical requirements for any such building or construction, shall be encouraged to accept the technical findings of the Institute, or any nationally recognized performance criteria, standards, and other technical provisions for building regulations brought about by the Institute, which may be applicable.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>All projects and programs involving Federal assistance in the form of loans, grants, guarantees, insurance, or technical aid, or in any other form, shall be encouraged to accept, use, and comply with any of the technical findings of the Institute, or any nationally recognized performance criteria, standards, and other technical provisions for building codes and other regulations brought about by the Institute, which may be applicable to the purposes for which the assistance is to be used.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Every department, agency, and establishment of the Federal Government having responsibility for building or construction, or for building- or construction-related programs, is authorized and encouraged to request authorization and appropriations for grants to the Institute for its general support, and is authorized to contract with and accept contracts from the Institute for specific services where deemed appropriate by the responsible Federal official involved.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>The Institute shall establish and carry on a specific and continuing program of cooperation with the States and their political subdivisions designed to encourage their acceptance and its technical findings and of nationally recognized performance criteria, standards, and other technical provisions for building regulations brought about by the Institute. Such program shall include (A) efforts to encourage any changes in existing State and local law to utilize or embody such findings and regulatory provisions; and (B) assistance to States in the development of inservice training programs for building officials, and in the establishment of fully staffed and qualified State technical agencies to advise local officials on questions of technical interpretation.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num> <content>There is authorized to be appropriated to the Institute not to <sidenote><p class="indent0 firstIndent1 fontsize8">Appropriation.</p></sidenote> exceed $5,000,000 for the fiscal year 1975, and $5,000,000 for the fiscal year 1976 (with each appropriation to be available until expended), to provide the Institute with initial capital adequate for the exercise of its functions and responsibilities during such years; and thereafter the Institute shall be financially self-sustaining through the means described in subsection (f).</content></subsection> <subsection class="indent0 fontsize10"><num value="i">(i)</num> <content>The Institute shall submit an annual report for the preceding <sidenote><p class="indent0 firstIndent1 fontsize8">Annual report to President.</p></sidenote> fiscal year to the President for transmittal to the Congress within sixty days of its receipt. The report shall include a comprehensive and detailed report of the Institute’s operations, activities, financial con-<page identifier="/us/stat/88/734">88 <inline class="smallCaps">Stat.</inline> 734</page>dition, and accomplishments under this section and may include such recommendations as the Institute deems appropriate.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">urban homesteading</inline></heading> <num value="810"><inline class="smallCaps">Sec.</inline> 810.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Notwithstanding any other provision of law, the Secretary <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1706e">12 USC 1706e.</ref></p></sidenote> of Housing and Urban Development (hereinafter referred to as the “Secretary”) is authorized to transfer without payment to a unit of general local government or a State, or a public agency designated by a unit of general local government or a State, any real property—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>which is improved by a one- to four-family residence;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>to which the Secretary holds title;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>which is not occupied;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>which is requested by such unit, State, or agency for use in an urban homestead program; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <chapeau>which the Secretary determines is suitable for use in an urban homestead program which meets the requirements of subsection (b). In determining the suitability of such property for use in an urban homestead program, the Secretary shall consider—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the difficulties and delays which would be involved in the sale of the property;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the value of any repairs and improvements required by the program;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>the benefits to the community and the reduced administrative costs to the Federal Government which would accrue from the expedited occupancy of the unoccupied property; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>the possible financial loss to the Federal Government which may result from the transfer of the property without payment.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>For the purposes of subsections (a) and (c), the Secretary shall approve an urban homestead program carried out by a unit of general local government or a State or a public agency designated by a unit of general local government or a State, which provides for—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the conditional conveyance of unoccupied residential property by the responsible administrative entity to an individual or a family without any substantial consideration;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>an equitable procedure for selecting the recipients of the unoccupied residential property, giving special consideration to the recipients’ need for housing and capacity to make or cause to be made the repairs and improvements required under paragraph (3)(C) of this subsection;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <chapeau>an agreement whereby the individual or family to whom such property is conveyed agrees to—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>occupy such property as a principal residence for a period of not less than three years;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>make repairs required to meet minimum health and safety standards for occupancy prior to occupying the property;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>make such repairs and improvements to the property as may be necessary to meet applicable local standards for decent, safe, and sanitary housing within eighteen months after occupying the property; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>permit reasonable periodic inspections at reasonable times by employees of the unit of general local government or State or the public agency designated by the unit of general local government or State for the purpose of determining compliance with the agreement;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>the revocation of such conveyance upon any material breach of the agreement referred to in paragraph (3);</content></paragraph> <page identifier="/us/stat/88/735">88 <inline class="smallCaps">Stat.</inline> 735</page> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>the conveyance from the unit of general local government or State or the public agency designated by the unit of general local government or State of fee simple title to such property without consideration upon compliance with the agreement; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>a coordinated approach toward neighborhood improvement through the homestead program and the upgrading of community services and facilities.</content></paragraph> <continuation class="indent0 fontsize10">The Secretary may approve such other programs as he determines to reasonably fulfill these criteria.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The Secretary is authorized to enter into agreements with units of general local government or States or public agencies designated by units of general local government or State to provide technical assistance for the administration of urban homestead programs which meet the requirements of subsection (b) and to individuals and families who are participants in such programs.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>The Secretary is authorized to issue such rules and regulations <sidenote><p class="indent0 firstIndent1 fontsize8">Rules and regulations.</p></sidenote> as may be necessary to carry out his functions under this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>The Secretary shall conduct a continuing evaluation of programs <sidenote><p class="indent0 firstIndent1 fontsize8">Continuing evaluation.</p></sidenote> carried out pursuant to this section and, beginning with the third year commencing after the date of enactment of this section, shall transmit <sidenote><p class="indent0 firstIndent1 fontsize8">Report, transmittal to Congress.</p></sidenote> to the Congress an annual report containing a summary of his evaluation of such programs and his recommendations for future conduct of such programs.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>In order to facilitate planning for purposes of this section, the Secretary shall, upon request of a unit of general local government or a State or a public agency designated by a unit of general local government or a State, provide a listing of all unoccupied one- to four-family residences to which the Secretary holds title and which are located within the geographic jurisdiction of such unit, State, or agency.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>To reimburse the housing loan funds for properties transferred <sidenote><p class="indent0 firstIndent1 fontsize8">Appropriation.</p></sidenote> pursuant to this section, and to carry out the provisions of subsection (c), there are authorized to be appropriated not to exceed $5,000,000 for the fiscal year 1975, and not to exceed $5,000,000 for the fiscal year 1976. Any amounts so appropriated shall remain available until expended.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">counseling and technical assistance</inline></heading> <num value="811"><inline class="smallCaps">Sec.</inline> 811.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 106 of the Housing and Urban Development Act of 1968 is amended by rewriting the heading to read as follows:<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701x">12 USC 1701x.</ref></p></sidenote> “<quotedText>Technical Assistance, Counseling to Tenants and Homeowners, and Loans to Sponsors of Low- and moderate-income Housing</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 106(a)(1)(iii) of such Act is amended to read as follows: <quotedContent> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>counseling and advice to tenants and homeowners with respect to property maintenance, financial management, and such other matters as may be appropriate to assist them in improving their housing conditions and in meeting the responsibilities of tenancy or homeownership; and”.</content></clause> </quotedContent> </content> </paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 106(a) of such Act is amended by redesignating paragraph (2) as paragraph (3) and inserting immediately after paragraph (1) the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>The Secretary shall provide the services described in clause (iii) of paragraph (1) for homeowners assisted under section 235 of the National Housing Act. For purposes of this paragraph and clause <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z">12 USC 1715z.</ref></p></sidenote> (iii) of paragraph (1), the Secretary may provide the services described in such clause directly or may enter into contracts with, make grants to, and provide other types of assistance to private or public organizations with special competence and knowledge in counseling low- and moderate-income families to provide such services.”</content></paragraph> </quotedContent> </content> </paragraph> </subsection> <page identifier="/us/stat/88/736">88 <inline class="smallCaps">Stat.</inline> 736</page> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Section 106(a)(1) of such Act is further amended by adding <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 735.</p></sidenote> at the end thereof the following new subparagraph: <quotedContent> <clause class="indentUp1 fontsize10"><num value="iv">“(iv)</num> <content>the provision of technical assistance to communities, particularly smaller communities, to assist such communities in planning, developing, and administering Community Development Programs pursuant to title I of the Housing and Community Development Act of 1974.”<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 633.</p></sidenote></content></clause> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Section 106(a)(3) of such Act (as redesignated by subsection (b)(2) of this section) is amended by striking out “<quotedText>not to exceed $5,000,000</quotedText>” and inserting in lieu thereof “<quotedText>such sums as may be necessary</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>Section 106(b)(1) of such Act is amended by inserting “<quotedText>or public housing agencies</quotedText>” immediately after “<quotedText>nonprofit organizations</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>Section 106(b)(2) of such Act is amended by inserting “<quotedText>or public housing agency</quotedText>” immediately after “<quotedText>nonprofit organization</quotedText>”.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">interstate land sales</inline></heading> <num value="812"><inline class="smallCaps">Sec.</inline> 812.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Section 1402 of the Housing and Urban Development <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s1701">15 USC 1701.</ref></p></sidenote> Act of 1968 is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by inserting after “<quotedText>land</quotedText>” where it first appears in paragraph (3) the following: “<quotedText>, located in any State or in a foreign country,</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by inserting before the semicolon at the end of paragraph (7) the following: “<quotedText>or between any foreign country and any State</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 1403(a) of such Act is amended by striking out “<quotedText>or</quotedText>” <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s1702">15 USC 1702.</ref></p></sidenote> at the end of paragraph (9), by striking out the period at the end of paragraph (10) and inserting in lieu thereof “<quotedText>; or</quotedText>”, and by adding after paragraph (10) the following new paragraph: <quotedContent> <paragraph class="indentUp1 fontsize10"><num value="11">“(11)</num> <chapeau>the sale or lease of real estate which is zoned by the appropriate <sidenote><p class="indent0 firstIndent1 fontsize8">Real estate, sale or lease.</p></sidenote> governmental authority for industrial or commercial development, when—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>local authorities have approved access from such real estate to a public street or highway;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the purchaser or lessee of such real estate is a duly organized corporation, partnership, trust, or business entity engaged in commercial or industrial business;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>the purchaser or lessee of such real estate is represented in the transaction of sale or lease by a representative of its own selection;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>the purchaser or lessee of such real estate affirms in writing to the seller that it either (i) is purchasing or leasing such real estate substantially for its own use or (ii) has a binding commitment to sell, lease, or sublease such real estate to an entity which meets the requirements of subparagraph (B), is engaged in commercial or industrial business, and is not affiliated with the seller or agent; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <content>a policy of title insurance or title opinion is issued in connection with the transaction showing that title to the real estate purchased or leased is vested in the seller or lessor, subject only to such exceptions as may be approved in writing by such purchaser or the lessee prior to recordation of the instrument of conveyance or execution of the lease, but (i) nothing herein shall be construed as requiring the recordation of a lease, and (ii) any purchaser or lessee may waive, in <sidenote><p class="indent0 firstIndent1 fontsize8">Waiver.</p></sidenote> writing in a separate document, the requirement of this subparagraph that a policy of title insurance or title opinion be issued in connection with the transaction.”</content></subparagraph></paragraph> </quotedContent> </content> </subsection> <page identifier="/us/stat/88/737">88 <inline class="smallCaps">Stat.</inline> 737</page> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">The second sentence of section 1404(b) of such Act is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s1703">15 USC 1703.</ref></p></sidenote> amended—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>by striking out “<quotedText>within forty-eight hours</quotedText>” where it first appears and inserting in lieu thereof “<quotedText>until midnight of the third business day following the consummation of the transaction</quotedText>”; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>by striking out all after “<quotedText>provide</quotedText>” and inserting in lieu thereof a period.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The amendments made by paragraph (1) shall be effective sixty <sidenote><p class="indent0 firstIndent1 fontsize8">Effective date.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s1703">15 USC 1703</ref> note.</p></sidenote> days after the date of the enactment of this Act.</content></paragraph></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">mass transportation</inline></heading> <num value="813"><inline class="smallCaps">Sec.</inline> 813.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 3 of the Urban Mass Transportation Act <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1602">49 USC 1602.</ref></p></sidenote> of 1964 is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <content>No Federal financial assistance under this Act may be provided for the purchase of buses unless the applicant or any public body receiving such assistance for the purchase of buses, or any publicly owned operator receiving such assistance, shall as a condition of such assistance enter into an agreement with the Secretary that such public body, or any operator of mass transportation for such public body, will not engage in charter bus operations outside the urban area within which it provides regularly scheduled mass transportation service, except as provided in the agreement authorized by this subsection. Such agreement shall provide for fair and equitable arrangements, appropriate in the judgment of the Secretary, to assure that the financial assistance granted under this Act will not enable public bodies and publicly and privately owned operators for public bodies to foreclose private operators from the intercity charter bus industry where such private operators are willing and able to provide such service. In addition to any other remedies specified in the agreement, the Secretary shall have the authority to bar a grantee or operator from the receipt of further financial assistance for mass transportation facilities and equipment where he determines that there has been a continuing pattern of violations of the terms of agreement. Upon receiving a complaint regarding an alleged violation, the Secretary shall investigate and shall determine whether a violation has occurred. Upon determination that a violation has occurred, he shall take appropriate action to correct the violation under the terms and conditions of the agreement.”.</content></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>Section 164(a) of the Federal-Aid Highway Act of 1973 is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1602a">49 USC 1602a.</ref></p></sidenote> amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by inserting “<quotedText>or</quotedText>” before “<quotedText>(2)</quotedText>” in the first sentence;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>or (3) the Urban Mass Transportation Act of 1964,</quotedText>” in the first sentence; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by striking out all after the word “<quotedText>operations</quotedText>” in the first sentence and all of the second sentence, and inserting in lieu thereof “<quotedText>outside of the urban area (or areas) within which it provides regularly scheduled mass transportation service, except as provided in an agreement authorized and required by section 3(f) of the Urban Mass Transportation Act of 1964, which section shall apply to Federal financial assistance for the purchase of buses under the provisions of title 23, United States Code, referred <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t23/s101">23 USC 101</ref> <i>et seq.</i></p></sidenote> to in clauses (1) and (2) of this sentence.</quotedText>”</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The Secretary shall amend any agreements entered into pursuant <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1602a">49 USC 1602a</ref> note.</p></sidenote> to section 164(a) of the Federal-Aid Highway Act of 1973, to conform to the requirements of the amendments made by this section. The effective date of such conformed agreements shall be the effective date of the original agreements entered into pursuant to such section 164(a).</content></subsection></section> <page identifier="/us/stat/88/738">88 <inline class="smallCaps">Stat.</inline> 738</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">solar energy</inline></heading> <num value="814"><inline class="smallCaps">Sec.</inline> 814.</num> <content>Title V of the Housing and Urban Development Act of 1970 is amended by adding at the end thereof the following new <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701z–1">12 USC 1701z–1.</ref></p></sidenote> section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“solar energy</inline></heading> <num value="506"><inline class="smallCaps">“Sec.</inline> 506.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">In carrying out activities under section 501, the Secretary <sidenote><p class="indent0 firstIndent1 fontsize8">Demonstrations.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701z–5">12 USC 1701z–5.</ref></p></sidenote> may, after consultation with the National Science Foundation, undertake demonstrations to determine the economic and technical feasibility of utilizing solar energy for heating or cooling residential housing (including demonstrations of new housing design or structure involving the use of solar energy). Demonstrations carried out under this section should involve both single family and multifamily housing located in areas having distinguishable climatic characteristics in urban as well as rural environments. To carry out the purpose of this section the Secretary is authorized—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>to enter into contracts with, to make grants to, and to provide other types of assistance to individuals and entities with special competence and knowledge to contribute to the planning, design, development, and operation of such housing;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>to utilize the contract, loan, or mortgage insurance authority of any federally assisted housing program in the actual planning, development, and occupancy of such housing; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>to set aside any development, construction, design, or occupancy requirements for the purpose of any demonstration under this section if he determines that such requirements inhibit such demonstration.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The Secretary shall include in any demonstration under this <sidenote><p class="indent0 firstIndent1 fontsize8">Evaluation.</p></sidenote> section an evaluation of the demonstration to cover the full experience involved in all stages of the demonstration.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>The Secretary shall transmit to the Congress not later than <sidenote><p class="indent0 firstIndent1 fontsize8">Report to Congress.</p></sidenote> 6 months following the close of any year in which he carries out a demonstration under this section a full report on such demonstration. Such report may include an evaluation of the economic and technological feasibility of the widespread application of solar energy to residential housing.”</content></subsection></section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">additional research authority</inline></heading> <num value="815"><inline class="smallCaps">Sec.</inline> 815.</num> <content>Title V of the Housing and Urban Development Act of 1970 (as amended by section 814 of this Act) is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“additional research authority</inline></heading> <num value="507"><inline class="smallCaps">“Sec.</inline> 507.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">In carrying out activities under section 501, the Secretary <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701z–6">12 USC 1701z–6.</ref></p></sidenote> may undertake special demonstrations to determine the housing design, the housing structure, and the housing-related facilities, and amenities most effective or appropriate to meet the needs of groups with special housing needs including the elderly, the handicapped, the displaced, single individuals, broken families, and large households. For this purpose, the Secretary is authorized to enter into contracts with, to make grants to, and to provide other types of assistance to individuals and entities with special competence and knowledge to contribute to the planning, development, design, and management of such housing.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>In carrying out his functions under this section, the Secretary shall give preferential attention to demonstrations which in his judgment involve areas of housing user needs most neglected in past and current research and demonstration efforts.</content></subsection> <page identifier="/us/stat/88/739">88 <inline class="smallCaps">Stat.</inline> 739</page> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>The Secretary is authorized to undertake demonstrations involving the actual planning, development, and occupancy of housing utilizing the contract and loan authority of any federally assisted housing program. He is also authorized to set aside any development, construction, design, and occupancy requirements, for the purposes of these demonstrations, if in his judgment they inhibit the testing of housing designed to meet the special housing needs.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>In carrying out this section, the Secretary shall include, as <sidenote><p class="indent0 firstIndent1 fontsize8">Evaluation.</p></sidenote> part of any demonstration, an evaluation of the demonstration to cover the full experience involved in planning, development, and occupancy.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <content>In addition to any other contract or loan authority which the Secretary may utilize under subsection (c), not more than $10,000,000 from amounts approved in appropriation Acts shall be available for research under this section.”</content></subsection></section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">flood insurance program</inline></heading> <num value="816"><inline class="smallCaps">Sec.</inline> 816.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Chapter III of title XIII of the Housing and Urban <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4101">42 USC 4101.</ref></p></sidenote> Development Act of 1968 is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“notice of flood hazards</inline></heading> <num value="1364"><inline class="smallCaps">“Sec.</inline> 1364.</num> <content>Each Federal instrumentality responsible for the supervision, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4104a">42 USC 4104a.</ref></p></sidenote> approval, regulation, or insuring of banks, savings and loan associations, or similar institutions shall by regulation require such institutions, as a condition of making, increasing, extending, or renewing (after the expiration of thirty days following the date of the enactment of this section) any loan secured by improved real estate or a mobile home located or to be located in an area that has been identified by the Secretary under this title or Public Law 93–234 as an area <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4002">42 USC 4002</ref> note.</p></sidenote> having special flood hazards, to notify the purchaser or lessee (or obtain satisfactory assurances that the seller or lessor has notified the purchaser or lessee) of such special flood hazards, in writing, a reasonable period in advance of the signing of the purchase agreement, lease, or other documents involved in the transaction.”</content></section></quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 1307 of such Act is amended by adding at the end thereof <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4014">42 USC 4014.</ref></p></sidenote> the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <content>Notwithstanding any other provision of law, any community <sidenote><p class="indent0 firstIndent1 fontsize8">Flood Insurance, eligibility.</p></sidenote> that has made adequate progress, acceptable to the Secretary, on the construction of a flood protection system which will afford flood protection for the one-hundred year frequency flood as determined by the Secretary, shall be eligible for flood insurance under this title (if and to the extent it is eligible for such insurance under the other provisions of this title) at premium rates not exceeding those which would be applicable under this section if such flood protection system had been completed. The Secretary shall find that adequate progress on the construction of a flood protection system as required herein has been only if (1) 100 percent of the project cost of the system has been authorized, (2) at least 60 percent of the project cost of the system has been appropriated, (3) at least 50 percent of the project cost of the system has been expended, and (4) the system is at least 50 percent completed.”</content></subsection> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">limitation on withholding or conditioning of assistance</inline></heading> <num value="817"><inline class="smallCaps">Sec.</inline> 817.</num> <content>Assistance provided for in this Act, the National Housing Act, the United States Housing Act of 1937, the Housing Act of 1949, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701">12 USC 1701.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 653.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1441/s3301">42 USC 1441 note, 3301</ref> note.</p></sidenote> the Demonstration Cities and Metropolitan Development Act of 1966, and the Housing and Urban Development Acts of 1965, 1968, 1969, <page identifier="/us/stat/88/740">88 <inline class="smallCaps">Stat.</inline> 740</page> and 1970 shall not be withheld or made subject to conditions or preference <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1749aa/s1701t/s1720/s1701s">12 USC 1749aa note, 1701t note, 1720 note, 1701s</ref> note.</p></sidenote> by reason of the tax-exempt status of bonds or other obligations issued or to be issued to provide financing for use in connection with such assistance, except where otherwise expressly provided or authorized by law.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">additional assistant secretaries of housing and urban development</inline></heading> <num value="818"><inline class="smallCaps">Sec.</inline> 818.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Section 4 of the Department of Housing and Urban Development Act (Public Law 89–174, 79 Stat. 667) is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3533">42 USC 3533.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>six</quotedText>” in the first sentence of subsection (a) and inserting in lieu thereof “<quotedText>eight</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out subsection (b); and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by redesignating subsections (c) and (d) as subsections (b) and (c), respectively,</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 5316 of title 5, United States Code, is amended by striking out paragraph (122).</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Paragraph (87) of section 5315 of title 5, United States Code, is amended by striking out “<quotedText>(6)</quotedText>” and inserting in lieu thereof “<quotedText>(8)</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">mortgage proceeds fraudulently misappropriated by mortgagor</inline></heading> <num value="819"><inline class="smallCaps">Sec.</inline> 819.</num> <content>The Secretary of Housing and Urban Development shall <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701l–1">12 USC 1701<i>l</i>–1.</ref></p></sidenote> take action to secure the payment of any deficiency after foreclosure on a mortgage insured or assisted under Federal law where the Secretary has reason to believe that mortgage proceeds have been fraudulently misappropriated by the mortgagor.</content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">neighborhood development program</inline></heading> <num value="820"><inline class="smallCaps">Sec.</inline> 820.</num> <content>Notwithstanding the provisions of section 133(b) of the Housing Act of 1949 or of any other law, local expenditures made in <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1469b">42 USC 1469b.</ref></p></sidenote> connection with the Broad and Front Street Garage in Trenton, New Jersey, shall, to the extent otherwise eligible, be counted as a local grant-in-aid to the first two action years of the Trenton Neighborhood Development Program (N.J. A–1) in accordance with the provisions of title I of the Housing Act of 1949.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1450">42 USC 1450.</ref></p></sidenote></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">condominium and cooperative study</inline></heading> <num value="821"><inline class="smallCaps">Sec.</inline> 821.</num> <content>The Secretary of Housing and Urban Development is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3532">42 USC 3532</ref> note.</p></sidenote> authorized and directed to conduct a full and complete investigation and study, and report to Congress not later than one year after the <sidenote><p class="indent0 firstIndent1 fontsize8">Report to Congress.</p></sidenote> date of enactment of this Act, with respect to condominiums and cooperatives, and the problems, difficulties, and abuses or potential abuses applicable to condominium and cooperative housing.</content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">direct financing study</inline></heading> <num value="822"><inline class="smallCaps">Sec.</inline> 822.</num> <content>The Secretary of Housing and Urban Development and the Secretary of the Treasury shall study the feasibility of financing the programs authorized under section 236 of the National Housing Act and section 802 of this Act through various financing methods, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z–1">12 USC 1715z–1</ref> note.</p></sidenote> including direct loans from the Federal Financing Bank, with a view to determining whether there is any such method that would result in net savings to the Federal Government (after taking into account the direct and indirect effects of such method). The Secretary of <sidenote><p class="indent0 firstIndent1 fontsize8">Report to Congress.</p></sidenote> Housing and Urban Development and the Secretary of the Treasury <page identifier="/us/stat/88/741">88 <inline class="smallCaps">Stat.</inline> 741</page> shall transmit to the Congress a report on the study required by this section not later than one year after the date of enactment of this Act.</content> </section> Approved August 22, 1974.
Public Law 93–384: To authorize the erection of a monument to the dead of the First Infantry Division, United States Forces in Vietnam. Public Law 384 Public Law 93–384 1974-08-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–384
JOINT RESOLUTION To authorize the erection of a monument to the dead of the First Infantry Division, United States Forces in Vietnam.

August 23, 1974

[S. J. Res. 66]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Society of the First

First Infantry Division, United States Forces in Vietnam.

Monument.

 Infantry Division—First Division Memorial Committee is authorized to erect (at no cost to the United States or the District of Columbia) a monument to the dead of the First Infantry Division, United States Forces in Vietnam, on the public grounds of the United States in the District of Columbia previously set aside for memorial purposes of the First Infantry Division, adjacent to the monument to the dead of the First Infantry Division, American Expeditionary Forces in World War I, and adjacent to the monument to the dead of the First Infantry Division, United States Forces in World War II.
Sec. 2. The design and plans for such monument shall be subject to

Design.

 the approval of the Secretary of the Interior, the National Commission of Fine Arts, and the National Capital Planning Commission.
Sec. 3. The Secretary of the Interior shall be responsible for the

Maintenance.

 maintenance and care of any such monument, in accordance with the provisions of the Act entitled “An Act to establish a National Park

16 USC 1.

 Service, and for other purposes”, approved August 25, 1916, and the Act entitled “An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes”, approved August 21, 1935.

16 USC 461.
Approved August 23, 1974.
Public Law 93–385: To amend the Public Health Service Act to extend through fiscal year 1975 the scholarship program for the National Health Service Corps and the loan program for health professions students. Public Law 385 Public Law 93–385 1974-08-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–385
AN ACT To amend the Public Health Service Act to extend through fiscal year 1975 the scholarship program for the National Health Service Corps and the loan program for health professions students.

August 23, 1974

[S. 3782]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 225(i)

Health services.

Scholarship and student loan programs, extension.

 of the Public Health Service Act is amended by inserting before the period “, and $40,000,000 for the fiscal year ending June 30, 1975”.
Sec. 2. (a) Section 742(a) of the Public Health Service Act is

42 USC 234.

42 USC 294b.

 amended by striking out “and” after “1973,” and by inserting after “1974” the following: “, and $60,000,000 for the fiscal year ending June 30, 1975”. (b) Section 740(b)(4) of such Act is amended by striking out

42 USC 294.

 “1974” and inserting in lieu thereof “1975”.
Sec. 3. (a) Section 824 of the Public Health Service Act is

42 USC 297c.

 amended— (1) by striking out “and” after “1973,”; and (2) by inserting after “1974,” the first time it appears the following: “and $35,000,000 for the fiscal year ending June 30, 1975,”. (b) Section 822(b)(4) of such Act is amended by striking out

42 USC 297a.

 “1974” and inserting in lieu thereof “1975”.
Approved August 23, 1974.
Public Law 93–386: To clarify the authority of the Small Business Administration, to increase the authority of the Small Business Administration, and for other purposes. Public Law 386 Public Law 93–386 88 Stat. 742 1974-08-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 742 Public Law 93–386
AN ACT To clarify the authority of the Small Business Administration, to increase the authority of the Small Business Administration, and for other purposes.

August 23, 1974

[S. 3331]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Small Business Amendments of 1974.

 be cited as the “Small Business Amendments of 1974”.
Sec. 2. (a) The Small Business Act is amended—

15 USC 631 note.

 (1) by redesignating subsection (b) of section 2 as subsection

15 USC 631.

 (c) and by adding after subsection (a) of that section the following new subsection: “(b) The assistance programs authorized by sections 7(i) and 7(j) of this Act are to be utilized to assist in the establishment, preservation,

Infra.

Post, p. 744.

 and strengthening of small business concerns and improve the managerial skills employed in such enterprises, with special attention to small business concerns (1) located in urban or rural areas with high proportions of unemployed or low-income individuals; or (2) owned by low-income individuals; and to mobilize for these objectives private as well as public managerial skills and resources.”; (2) by striking out paragraphs (1) and (2) of section 4(c),

Revolving funds.

15 USC 633.

 and inserting in lieu thereof the following: “(c)(1) There are hereby established in the Treasury the following revolving funds: (A) a disaster loan fund which shall be available for financing functions performed under sections 7(b)(1), 7(b)(2), 7(b)(4), 7(b)(5), 7(b)(6), 7(b)(7), 7(b)(8), 7(c)(2), and 7(g) of this Act, including administrative expenses in connection with such

15 USC 636.

 functions; and (B) a business loan and investment fund which shall be available for financing functions performed under sections 7(a), 7(b)(3), 7(e), 7(h), 7(i), and 8(a) of this Act, and titles III and V

15 USC 637.

15 USC 681, 695.

 of the Small Business Investment Act of 1958, including administrative expenses in connection with such functions. “(2) All repayments of loans and debentures, payments of interest and other receipts arising out of transactions heretofore or hereafter entered into by the Administration (A) pursuant to sections 7(b)(1), 7(b)(2), 7(b)(4), 7(b)(5), 7(b)(6), 7(b)(7), 7(b)(8), and 7(c)(2) of this Act shall be paid into a disaster loan fund; and (B) pursuant to sections 7(a), 7(b)(3), 7(e), 7(h), 7(i), and 8(a) of this Act, and titles III and V of the Small Business Investment Act of 1958, shall be paid into the business loan and investment fund.”; (3) by striking out paragraph (4) of section 4(c), and inserting

15 USC 633.

 in lieu thereof the following: “(4) The total amount of loans, guarantees, and other obligations or commitments, heretofore or hereafter entered into by the Administration, which are outstanding at any one time (A) under sections 7(a), 7(b)(3), 7(e), 7(h), 7(i), and 8(a) of this Act, shall not exceed $6,000,000,000; (B) under title III of the Small Business Investment Act of 1958, shall not exceed $725,000,000; (C) under title V of the Small Business Investment Act of 1958, shall not exceed $525,000,000; and (D) under section 7(i) of this Act, shall not exceed $450,000,000.”; and (4) by adding at the end of section 7 the following three new

15 USC 636.

 subsections: “(i)(1) The Administration also is empowered to make, participate (on an immediate basis) in, or guarantee loans, repayable in not more than fifteen years, to any small business concern, or to any qualified person seeking to establish such a concern, when it determines that 88 Stat. 743 such loans will further the policies established in section 2(b) of this Act, with particular emphasis on the preservation or establishment

Ante, p. 742.

 of small business concerns located in urban or rural areas with high proportions of unemployed or low-income individuals, or owned by low-income individuals: Provided, however, That no such loans shall

Limitation.

 be made, participated in, or guaranteed if the total of such Federal assistance to a single borrower outstanding at any one time would exceed $50,000. The Administration may defer payments on the principal

Deferred payments.

 of such loans for a grace period and use such other methods as it deems necessary and appropriate to assure the successful establishment and operation of such concern. The Administration may, in its

Management training program.

 discretion, as a condition of such financial assistance, require that the borrower take steps to improve his management skills by participating in a management training program approved by the Administration: Provided, however, That any management training program so approved must be of sufficient scope and duration to provide reasonable opportunity for the individuals served to develop entrepreneurial and managerial self-sufficiency. “(2) The Administration shall encourage, as far as possible, the

Private businesses, participation.

 participation of the private business community in the program of assistance to such concerns, and shall seek to stimulate new private lending activities to such concerns through the use of the loan guarantees, participations in loans, and pooling arrangements authorized by this subsection. “(3) To insure an equitable distribution between urban and rural areas for loans between $3,500 and $50,000 made under this subsection, the Administration is authorized to use the agencies and agreements and delegations developed under title III of the Economic Opportunity Act of 1964, as amended, as it shall determine necessary.

42 USC 2841.

 “(4) The Administration shall provide for the continuing evaluation of programs under this subsection, including full information on the location, income characteristics, and types of businesses and individuals assisted, and on new private lending activity stimulated, and the results of such evaluation together with recommendations shall be included in the report required by section 10(a) of this Act.

15 USC 639.

 “(5) Loans made pursuant to this subsection (including immediate

Loans, limitations.

 participation in and guarantees of such loans) shall have such terms and conditions as the Administration shall determine, subject to the following limitations— “(A) there is reasonable assurance of repayment of the loan; “(B) the financial assistance is not otherwise available on reasonable terms from private sources or other Federal, State, or local programs; “(C) the amount of the loan, together with other funds available, is adequate to assure completion of the project or achievement of the purposes for which the loan is made; “(D) the loan bears interest at a rate not less than (i) a rate determined by the Secretary of the Treasury, taking into consideration the average market yield on outstanding Treasury obligations of comparable maturity, plus (ii) such additional charge, if any, toward covering other costs of the program as the Administration may determine to be consistent with its purposes: Provided, however, That the rate of interest charged on loans made in redevelopment areas designated under the Public Works and Economic Development Act of 1965 (42 U.S.C. 3108 et seq.)

42 USC 3121 note.

42 USC 3141.

 shall not exceed the rate currently applicable to new loans made under section 201 of that Act (42 U.S.C. 3142); and 88 Stat. 744 “(E) fees not in excess of amounts necessary to cover administrative

Fees.

 expenses and probable losses may be required on loan guarantees. “(6) The Administration shall take such steps as may be necessary

Urban area small business, allocation.

 to insure that, in any fiscal year, at least 50 per centum of the amounts loaned or guaranteed pursuant to this subsection are allotted to small business concerns located in urban areas identified by the Administration as having high concentrations of unemployed or low-income individuals or to small business concerns owned by low-income individuals. The Administration shall define the meaning of low income as it applies to owners of small business concerns eligible to be assisted under this subsection. “(7) No financial assistance shall be extended pursuant to this subsection

Relocations, funds, restriction.

 where the Administration determines that the assistance will be used in relocating establishments from one area to another if such relocation would result in an increase in unemployment in the area of original location. “(j)(1) The Administration is authorized to provide financial

Technical or management assistance projects, financial assistance.

Ante, p. 742.

 assistance to public or private organizations to pay all or part of the cost of projects designed to provide technical or management assistance to individuals or enterprises eligible for assistance under subsection 7(i) of this Act, with special attention to small business located in urban areas of high concentration of unemployed or low-income individuals or owned by low-income individuals. “(2) Financial assistance under this subsection may be provided for projects, including without limitation— “(A) planning and research, including feasibility studies and market research; “(B) the identification and development of new business opportunities; “(C) the furnishing of centralized services with regard to public services and Government programs including programs authorized under subsection 7(i); “(D) the establishment and strengthening of business service agencies, including trade associations and cooperatives; “(E) the encouragement of the placement of subcontracts by major business with small business concerns located in urban areas of high concentration of unemployed or low-income individuals or owned by low-income individuals, including the provision of incentives and assistance to such major businesses so that they will aid in the training and upgrading of potential subcontractors or other small business concerns; and “(F) the furnishing of business counseling, management training, and legal and other related services, with special emphasis on the development of management training programs using the resources of the business community, including the development of management training opportunities in existing businesses, and with emphasis in all cases upon providing management training of sufficient scope and duration to develop entrepreneurial and managerial self-sufficiency on the part of the individuals served. “(3) The Administration shall give preference to projects which promote the ownership, participation in ownership, or management of small business concerns by residents of urban areas of high concentration of unemployed or low-income individuals, and to projects which are planned and carried out with the participation of local businessmen. “(4) The financial assistance authorized by this subsection includes assistance advanced by grant, agreement, or contract, but does not include the procurement of plant or equipment, or goods or services. 88 Stat. 745 “(5) The Administration is authorized to make payments under

Payments.

 grants and contracts entered into under this subsection in lump sum or installments, and in advance or by way of reimbursement, and in the case of grants, with necessary adjustments on account of overpayments or underpayments. “(6) To the extent feasible, services under this subsection shall be provided in a location which is easily accessible to the individuals and small business concerns served. “(7) The Administration shall provide for an independent and

Program evaluations.

 continuing evaluation of programs under this subsection, including full information on, and analysis of, the character and impact of managerial assistance provided, the location, income characteristics, and types of businesses and individuals assisted, and the extent to which private resources and skills have been involved in these programs. Such evaluation together with any recommendations deemed advisable by the Administration shall be included in the report required by section 10(a) of this Act.

15 USC 639.

 “(8) The Administration shall take such steps as may be necessary and appropriate, in coordination and cooperation with the heads of other Federal departments and agencies, so that contracts, subcontracts, and deposits made by the Federal Government or in connection with programs aided with Federal funds are placed in such a way as to further the purposes of this subsection and of subsection 7(i) of this Act. The Administration shall provide for the continuing evaluation

Ante, p. 742.

 of programs under this subsection and the results of such evaluation together with recommendations shall be included in the report required by section 10(a) of this Act. “(k) In carrying out its functions under subsections 7(i) and 7(j) of this Act, the Administration is authorized—

Ante, p. 744.

 “(1) to utilize, with their consent, the services and facilities of Federal agencies without reimbursement, and, with the consent of any State or political subdivision of a State, accept and utilize the services and facilities of such State or subdivision without reimbursement; “(2) to accept, in the name of the Administration, and employ or dispose of in furtherance of the purposes of this Act, any money or property, real, personal, or mixed, tangible, or intangible, received by gift, devise, bequest, or otherwise; “(3) to accept voluntary and uncompensated services, notwithstanding the provisions of section 3679(b) of the Revised Statutes (31 U.S.C. 655(b)); and

31 USC 665.

 “(4) to employ experts and consultants or organizations thereof as authorized by section 15 of the Administrative Expenses Act of 1946 (5 U.S.C. 55a), except that no individual may be employed

5 USC 3109.

 under the authority of this subsection for more than one hundred days in any fiscal year; to compensate individuals so employed at rates not in excess of $100 per diem, including traveltime; and to allow them, while away from their homes or regular places of business, travel expenses (including per diem in lieu of subsistence) as authorized by section 5 of such Act (5 U.S.C. 73b–2)

5 USC 5703.

 for persons in the Government service employed intermittently, while so employed: Provided, however, That contracts for such employment may be renewed annually.” (b) Title IV of the Economic Opportunity Act of 1964 is hereby

Repeal.

42 USC 2901–2907.

 repealed; and all references to such title in the remainder of that Act are repealed.
Sec. 3. The Small Business Act is further amended— (1) by amending section 5(b) by striking out “and” following

15 USC 634.

 paragraph (8), by striking out the period at the end of para-88 Stat. 746graph (9) and inserting in lieu thereof a semicolon and by adding at the end of paragraph (9) the following new paragraphs: “(10) upon purchase by the Administration of any deferred participation entered into under section 7 of this Act, continue

15 USC 636.

 to charge a rate of interest not to exceed that initially charged by the participating institution on the amount so purchased for the remaining term of the indebtedness; and “(11) make such investigations as he deems necessary to determine

Investigations.

 whether a recipient of or participant in any assistance under this Act or any other person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this Act, or of any rule or regulation under this Act, or of any order issued under this Act. The Administration shall permit any person to file with it a

Statement, filing.

 statement in writing, under oath or otherwise as the Administration shall determine, as to all the facts and circumstances concerning the matter to be investigated. For the purpose of any

Investigative powers.

 investigation, the Administration is empowered to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, and documents which are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States. In case of contumacy by, or refusal to obey a subpena issued to, any person, including a recipient or participant, the Administration may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, and documents; and such court may issue an order requiring such person to appear before the Administration, there to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. All process in any such case may be served in the judicial

Service of process.

 district whereof such person is an inhabitant or wherever he may be found.”; and (2) by striking out the third sentence in paragraph (2) of section 7(h) and inserting in lieu thereof: “The Administration’s

15 USC 636.

 share of any loan made under this subsection shall bear interest at the rate of 3 per centum per annum.”
Sec. 4. Section 10 of the Small Business Act is amended by adding

15 USC 639.

 at the end thereof the following new subsection: “(g) The Administration shall transmit, not later than December 31

Report to congressional committees.

 of each year, to the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Banking and Currency of the House of Representatives a sealed report with respect to— “(1) complaints alleging illegal conduct by employees of the Administration which were received or acted upon by the Administration during the preceding fiscal year; and “(2) investigations undertaken by the Administration, including external and internal audits and security and investigation reports.”.
Sec. 5. Section 18 of the Small Business Act is amended by adding

15 USC 647.

 at the end thereof the following new sentence: “If loan applications are being refused or loans denied by such other department or agency responsible for such work or activity due to administrative withholding from obligation or withholding from apportionment, or due to 88 Stat. 747 administratively declared moratorium, then, for purposes of this section, no duplication shall be deemed to have occurred.”.
Sec. 6. (a) The Small Business Investment Act of 1958 is amended— (1) by striking out in the table of contents in section 101 all references to title IV and section numbers therein and inserting in lieu thereof the following: “TITLE IV— “Part A— “Sec. 401. “Sec. 402. “Sec. 403. “Part B— “Sec. 410. “Sec. 411. “Sec. 412. (2) by striking out section 403 and inserting in lieu thereof

15 USC 694.

 the following:
“fund “Sec. 403. There is hereby created within the Treasury a separate

Establishment.

 fund for guarantees which shall be available to the Administrator without fiscal year limitations as a revolving fund for the purposes of this part. There are authorized to be appropriated to the fund from

Appropriation.

 time to time such amounts not to exceed $10,000,000 to provide capital for the fund. All amounts received by the Administrator, including any moneys, property, or assets derived by him from his operations in connection with this part, shall be deposited in the fund. All expenses and payments pursuant to operations of the Administrator under this part shall be paid from the fund. From time to time, and at least at the close of each fiscal year, the Administrator shall pay from the fund into Treasury as miscellaneous receipts interest at a rate determined by the Secretary of the Treasury on the cumulative amount of appropriations available as capital to the fund, less the average undisbursed cash balance in the fund during the year. The rate of such

Interest rate.

 interest shall be determined by the Secretary of the Treasury, and shall not be less than a rate determined by taking into consideration the average market yield during the month preceding each fiscal year on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturity of guarantees from the fund. Moneys in the fund not needed for the payment of current operating expenses or for the payment of claims arising under this part may be invested in bonds or other obligations of, or bonds or other obligations guaranteed as to principal and interest by, the United States; except that moneys provided as capital for the fund shall not be so invested.”;
 (3) by striking out “$500,000” in section 411 and inserting in

15 USC 694b.

 lieu thereof “$1,000,000”; and (4) by adding after section 411 the following new section:
“fund “Sec. 412. There is hereby created within the Treasury a separate

Establishment.

15 USC 694c.

 fund for guarantees which shall be available to the Administrator without fiscal year limitation as a revolving fund for the purposes of this part. There are authorized to be appropriated to the fund from

Appropriation.

 time to time such amounts not to exceed $35,000,000 to provide capital for the fund. All amounts received by the Administrator, including 88 Stat. 748 any moneys, property, or assets derived by him from his operations in connection with this part, shall be deposited in the fund. All expenses and payments pursuant to operations of the Administrator under this part shall be paid from the fund. From time to time, and at least at the close of each fiscal year, the Administrator shall pay from the fund into Treasury as miscellaneous receipts interest at a rate determined by the Secretary of the Treasury on the cumulative amount of appropriations available as capital to the fund, less the average undisbursed cash balance in the fund during the year. The rate of

Interest rate.

 such interest shall be determined by the Secretary of the Treasury, and shall not be less than a rate determined by taking into consideration the average market yield during the month preceding each fiscal year on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturity of guarantees from the fund. Moneys in the fund not needed for the payment of current operating expenses or for the payment of claims arising under this part may be invested in bonds or other obligations of, or bonds or other obligations guaranteed as to principal and interest by, the United States; except that moneys provided as capital for the fund shall not be so invested.”
 (b) Unexpended balances of capital previously transferred to the

Allocated funds.

15 USC 694 note.

Ante, p. 747.

 fund pursuant to section 403 of the Small Business Investment Act of 1958 (15 U.S.C. 694), as in effect prior to the effective date of this Act, shall be allocated, together with related assets and liabilities, to the funds established by paragraphs (2) and (4) of subsection (a) of this section in such amounts as the Administrator shall determine. In addition, the Administrator is authorized to transfer to the fund

Transfer of funds.

15 USC 633.

 established by paragraph (4) of subsection (a) of this section not to exceed $2,000,000 from the fund established under section 4(c)(1)(B) of the Small Business Act: Provided, That section 4(c)(6) and the last sentence of section 4(c)(5) shall not apply to any amounts so transferred.
Sec. 7. Section 4(b) of the Small Business Act is amended—

SBA Administrators.

 (1) by striking out “three” in the third sentence and inserting in lieu thereof “four”; and (2) by inserting after the third sentence the following new

Associate Administrator for Minority Small Business.

 sentence: “One of the Associate Administrators shall be designated at the time of his appointment as the Associate Administrator for Minority Small Business and shall be responsible to the Administrator for the formulation of policy relating to the Administration’s programs which provide assistance to minority small business concerns and in the review of the Administration’s execution of such programs in light of such policy.”
Sec. 8. Sections 7(a)(4)(B) and 7(a)(5)(B) of the Small Business

Interest rate.

15 USC 636.

 Act are each amended to read as follows: “the rate of interest for the Administration’s share of any such loan shall be the average annual interest rate on all interest-bearing obligations of the United States then forming a part of the public debt as computed at the end of the fiscal year next preceding the date of the loan and adjusted to the nearest one-eighth of 1 per centum plus one-quarter of 1 per centum per annum; and”.
Sec. 9. (a) Section 7(b) of the Small Business Act is amended by striking out the period at the end of paragraph (7) and inserting in lieu thereof “; and” and by adding immediately after paragraph (7) the following new paragraph: “(8) to make such loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) as the Administration may determine to be necessary or appropriate to assist, or refinance 88 Stat. 749 the existing indebtedness of, any small business concern seriously and adversely affected by a shortage of fuel, electrical energy, or energy-producing resources, or by a shortage of raw or processed materials resulting from such shortages, if the Administration determines that such concern has suffered or is likely to suffer substantial economic injury without assistance under this paragraph.” (b) The first paragraph following the numbered paragraphs of section 7(b) of the Small Business Act is amended by striking out

15 USC 636.

 “or (7),” immediately following “(6),” and inserting in lieu thereof “(7), or (8),”.
Sec. 10. Section 5 of the Small Business Act is amended by adding

Chief Counsel for Advocacy.

 at the end thereof the following new subsection: “(e) The Administrator shall designate an individual within the

15 USC 634.

Duties.

 Administration to be known as the Chief Counsel for Advocacy and to perform the following duties: “(1) serve as a focal point for the receipt of complaints, criticisms, and suggestions concerning the policies and activities of the Administration and any other Federal agency which affects small businesses; “(2) counsel small businesses on how to resolve questions and problems concerning the relationship of the small business to the Federal Government; “(3) develop proposals for changes in the policies and activities of any agency of the Federal Government which will better fulfill the purposes of the Small Business Act and communicate such

15 USC 631 note.

 proposals to the appropriate Federal agencies; “(4) represent the views and interests of small businesses before other Federal agencies whose policies and activities may affect small businesses; and “(5) enlist the cooperation and assistance of public and private agencies, businesses, and other organizations in disseminating information about the programs and services provided by the Federal Government which are of benefit to small businesses, and information on how small businesses can participate in or make use of such programs and services.”.
Sec. 11. (a) The first sentence of section 411(c) of the Small Business Investment Act of 1958 is amended by inserting “administer this

15 USC 694b.

 program on a prudent and economically justifiable basis and shall” immediately after “shall”. (b) Section 411(c) of the Small Business Investment Act of 1958

Program costs, publication.

 is amended by adding at the end thereof the following: “Within 30 days after the date of enactment of this sentence and at monthly intervals thereafter, the Administration shall publish the cost of the program to the Administration for the month immediately preceding the date of publication. The Administration shall conduct a study of the

Study.

 program in order to determine what must be done to make the program economically sound. Within one year after the date of enactment of

Report to Congress.

 this sentence, the Administration shall transmit a report to Congress containing a detailed statement of the findings and conclusions of the study, together with its recommendations for such legislative and administrative actions as it deems appropriate.”.
Sec. 12. Section 7(a) of the Small Business Act is amended by adding

15 USC 636.

 at the end thereof the following new paragraph: “(8) During the fiscal year ending June 30, 1975, the Administrator shall make direct loans under this subsection in an aggregate amount of not less than $400,000,000.”.
88 Stat. 750
Sec. 13. The General Accounting Office is directed to conduct a full-scale

GAO audit, submittal to Congress.

15 USC 633 note.

 audit of the Small Business Administration, including all field offices. This audit shall be submitted to the House and Senate not later than six months from the date of enactment of this Act.
Approved August 23, 1974.
Public Law 93–387: To authorize the establishment of a Council on Wage and Price Stability. Public Law 387 Public Law 93–387 1974-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–387
AN ACT To authorize the establishment of a Council on Wage and Price Stability.

August 24, 1974

[S. 3919]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Council on Wage and Price Stability Act.

 be cited as the “Council on Wage and Price Stability Act”.
Sec. 2. (a) The President is authorized to establish, within the

12 USC 1904 note.

Council on Wage and Price Stability.

 Executive Office of the President, a Council on Wage and Price Stability (hereinafter referred to as the “Council”). (b) The Council shall consist of eight members appointed by the

Establishment.

12 USC 1904 note.

 President and four adviser-members also appointed by the President. The Chairman of the Council shall be designated by the President. (c) There shall be a Director of the Council who shall be appointed by the President. The Director shall be compensated at the rate prescribed for level IV of the Executive Schedule by section 5315 of title 5, United States Code. The Director of the Council shall perform such

5 USC 5315 note.

 functions as the President or the Chairman of the Council may prescribe. The Deputy Director shall perform such functions as the Chairman or the Director of the Council may prescribe. (d) The Director of the Council may employ and fix the compensation of such officers and employees, including attorneys, as are necessary to perform the functions of the Council at rates not to exceed the highest rate for grade 15 of the General Schedule under section 5332 of title 5, United States Code. Except that the Director, with the

5 USC 5332 note.

5 USC 101 et seq.

 approval of the Chairman may, without regard to the provisions of title 5, United States Code, relating to appointments in the competitive service, appoint and fix the compensation of not to exceed five positions at the rates provided for grades 16, 17, and 18 of such General Schedule, to carry out the functions of the Council. (e) The Director of the Council may employ experts, expert witnesses,

Experts and consultants.

 and consultants in accordance with the provisions of section 3109 of title 5, United States Code, and compensate them at rates not in excess of the maximum daily rate prescribed for grade 18 of the General Schedule under section 5332 of title 5, United States Code. (f) The Director of the Council may, with their consent, utilize the services, personnel, equipment, and facilities of Federal, State, regional, and local public agencies and instrumentalities, with or without reimbursement therefor, and may transfer funds made available pursuant to this Act to Federal, State, regional, and local public agencies and instrumentalities as reimbursement for utilization of such services, personnel, equipment, and facilities.
Sec. 3. (a) The Council shall—

Duties.

12 USC 1904 note.

 (1) review and analyze industrial capacity, demand, supply, and the effect of economic concentration and anticompetitive practices, and supply in various sectors of the economy, working with the industrial groups concerned and appropriate governmental agencies to encourage price restraint; (2) work with labor and management in the various sectors of the economy having special economic problems, as well as with appropriate government agencies, to improve the structure of 88 Stat. 751 collective bargaining and the performance of those sectors in restraining prices; (3) improve wage and price data bases for the various sectors of the economy to improve collective bargaining and encourage price restraint; (4) conduct public hearings necessary to provide for public

Public hearings.

 scrutiny of inflationary problems in various sectors of the economy; (5) focus attention on the need to increase productivity in both the public and private sectors of the economy; (6) monitor the economy as a whole by acquiring as appropriate, reports on wages, costs, productivity, prices, sales, profits, imports, and exports; and (7) review and appraise the various programs, policies, and activities of the departments and agencies of the United States for the purpose of determining the extent to which those programs and activities are contributing to inflation. (b) Nothing in this Act, (1) authorizes the continuation, imposition, or reimposition of any mandatory economic controls with respect to prices, rents, wages, salaries, corporate dividends, or any similar transfers, or (2) affects the authority conferred by the Emergency Petroleum Allocation Act of 1973.

15 USC 751 note.
Sec. 4. (a) Any department or agency of the United States which

Economic data, availability.

12 USC 1904 note.

 collects, generates, or otherwise prepares or maintains data or information pertaining to the economy or any sector of the economy shall, upon the request of the Chairman of the Council, make that data or information available to the Council. (b) Disclosure of information obtained by the Council from sources other than Federal, State, or local government agencies and departments shall be in accordance with the provisions of section 552 of title 5, United States Code. (c) Disclosure by the Council of information obtained from a Federal, State, or local agency or department must be in accord with section 552 of title 5, United States Code, and all the applicable rules of practice and procedure of the agency or department from which the information was obtained. (d) Disclosure by a member or any employee of the Council of the

Confidential information.

 confidential information as defined in section 1905 of title 18, United States Code, shall be a violation of the criminal code as stated therein. (e) Consistent with the provisions of section 7213 of the Internal

Income tax return disclosure, prohibition.

26 USC 7213.

 Revenue Code of 1954, nothing in this Act shall be construed as providing for or authorizing any Federal agency to divulge or to make known to the Council the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth or disclosed solely in any income return, or to permit any income tax return filed pursuant to the provisions of the Internal Revenue Code of 1954, thereof, to be

26 USC 1 et seq.

 seen or examined by the Council.
Sec. 5. The Council shall report to the President, and through him

Report to President and Congress.

12 USC 1904 note.

 to the Congress, from time to time, concerning its activities, findings, and recommendations with respect to the containment of inflation and the maintenance of a vigorous and prosperous peacetime economy.
Sec. 6. There is hereby authorized to be appropriated not to exceed

Appropriation.

12 USC 1904 note.

 $1,000,000 for the fiscal year ending June 30, 1975, to carry out the purposes of this Act.
Sec. 7. The authority granted by this Act terminates on August 15,

Termination.

12 USC 1904 note.

 1975.
Approved August 24, 1974.
Public Law 93–388: To improve the laws relating to the regulation of insurance companies in the District of Columbia. Public Law 388 Public Law 93–388 88 Stat. 752 1974-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 752 Public Law 93–388
AN ACT To improve the laws relating to the regulation of insurance companies in the District of Columbia.

August 24, 1974

[H.R. 7218]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Holding Company System Regulatory Act.

 be cited as the “Holding Company System Regulatory Act”.
Sec. 2. Definitions.—As used in this Act, unless the context otherwise

D.C. Code 35–1901 note.

D.C. Code 35–1901.

 requires— (a) “affiliate” (an “affiliate” of, or person “affiliated” with a specific person), means a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by or is under common control with, the person specified; (b) “commissioner” means the Commissioner of the District of Columbia or his designated agent; (c) “control” (including the terms “controlling”, “controlled by” and “under common control with”) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. Control shall be presumed to exist if any person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing 10 per centum or more of the voting securities of any other person; (d) “District” means the District of Columbia; (e) “insurance holding company system” consists of two or more affiliated persons, one or more of which is an insurer; (f) “insurer” includes any company defined by section 2, chapter I, of the Life Insurance Act (D.C. Code, sec. 35–302) and by section 3, chapter I, of the Fire and Casualty Act (D.C. Code, sec. 35–1303), authorized to do the business of insurance in the District, except that it shall not include agencies, authorities, or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a State or political subdivision of a State; (g) “person” is an individual, a corporation, a partnership, an association, a joint stock company, a trust, an unincorporated organization, any similar entity, or any combination of the foregoing acting in concert, but shall not include any securities broker performing no more than the usual and customary broker’s function; (h) “securityholder” of a specified person is one who owns any security of such person, including common stock, preferred stock, debt obligations, and any other security convertible into or evidencing the right to acquire any of the foregoing; (i) “subsidiary” of a specified person is an affiliate controlled by such person directly, or indirectly through one or more intermediaries; and (j) “voting security” includes any security convertible into or evidencing a right to acquire a voting security.
88 Stat. 753
subsidiaries of insurers Sec. 3. (a) Authorization.—Any domestic insurer, either by itself

D.C. Code 35–1902.

 or in cooperation with one or more persons, may, subject to the limitation stated in subsection (b) of this section, organize or acquire one or more subsidiaries. Such subsidiaries may conduct any kind of business or businesses and their authority to do so shall not be limited by reason of the fact that they are subsidiaries of a domestic insurer. (b) Limited Additional Investment Authority.—(1) The total amount which a domestic insurer may invest in the common stock, preferred stock, debt obligations, and other securities of the subsidiaries referred to in subsection (a) of this section shall not exceed the lesser of (A) 5 per centum of such insurer’s assets, or (B) in the case of a capital stock company, 50 per centum of the excess of its capital, surplus, and contingency reserves over the then required statutory minimum capital and surplus, or, in the case of a mutual company, 50 per centum of the excess of its surplus and contingency reserves over the then required statutory minimum surplus. (2) In calculating the amount of such investments, there shall be included (A) total net moneys or other consideration expended and obligations assumed in the acquisition or formation of a subsidiary, including all organizational expenses and contributions to capital and surplus of such subsidiary, whether or not represented by the purchase of capital stock or issuance of other securities, and (B) all amounts expended in acquiring additional common stock, preferred stock, debt obligations, and other securities, and all contributions to the capital or surplus of a subsidiary subsequent to its acquisition or formation. (c) Exemptions From Investment Restrictions.—The investments permitted under this section shall be in addition to the investments in common stock, preferred stock, debt obligations, and other securities permitted under sections 35 and 41 of chapter III of the Life Insurance Act (D.C. Code, secs. 35–535 and 35–541) and section 18, chapter II, of the Fire and Casualty Act (D.C. Code, sec. 35–1321), and the investments under this section shall not be subject to any of the otherwise applicable restrictions or prohibitions contained in the aforesaid sections of law applicable to such investments of insurers. (d) Qualifications of Investment; When Determined.—Whether any investment pursuant to this section meets the applicable requirements thereof is to be determined immediately after such investment is made, taking into account the then outstanding principal balance of all previous investments and debt obligations and the value of all previous investments in equity securities as of the date of the new investment. (e) Cessation of Control.—If an insurer ceases to control a subsidiary, it shall dispose of any investment therein made pursuant to this section within three years from the time of the cessation of control or within such further time as the Commissioner may prescribe, unless at any time after such investment was made, such investment meets the requirements for investment under sections 35 and 41, chapter III, of the Life Insurance Act (D.C. Code, secs. 35–535 and 35–541) and section 18, chapter II, of the Fire and Casualty Act (D.C. Code, sec. 35–1521), and the insurer has notified the Commissioner thereof.
acquisition of control of or merger with domestic insurer Sec. 4. (a) Filing Requirements.—No person other than the issuer

D.C. Code 35–1903.

 shall make a tender offer for or a request or invitation for tenders of, 88 Stat. 754 or enter into any agreement to exchange securities for, seek to acquire, or acquire, in the open market or otherwise, any voting security of a domestic insurer if, after the consummation thereof, such person would directly or indirectly (or by conversion or by exercise of any right to acquire) be in control of such insurer, and no person shall enter into an agreement to merge with or otherwise to acquire control of a domestic insurer, unless, at the time any such offer, request, or invitation is made or any such agreement is entered into, or prior to the acquisition of such securities if no offer or agreement is involved, such person has filed with the Commissioner and has sent to such insurer, and such insurer has sent to its shareholders, a statement containing the information required by this section and such offer, request, invitation, agreement, or acquisition has been approved by the Commissioner in the manner hereinafter prescribed. For purposes of this section a domestic insurer shall include any other person controlling a domestic insurer unless such other person is either directly or through its affiliates primarily engaged in business other than the business of insurance. (b) Content of Statement.—The statement to be filed with the Commissioner hereunder shall be made under oath or affirmation and shall contain the following information: (1) The name and address of each person by whom or on whose behalf the merger or other acquisition of control referred to in subsection (a) is to be effected (hereinafter called “acquiring party”), and (A) If such person is an individual, his principal occupation and all offices and positions held during the past five years, and any conviction of crimes other than minor traffic violations during the past ten years; (B) If such person is not an individual, a report of the nature of its business operations during the past five years or for such lesser period as such person and any predecessors thereof shall have been in existence; an informative description of the business intended to be done by such person and such person’s subsidiaries; and a list of all individuals who are or who have been selected to become directors or executive officers of such person, or who perform or will perform functions appropriate to such positions. Such list shall include for each such individual the information required by subparagraph (A) of this subsection. (2) The source, nature, and amount of the consideration used or to be used in effecting the merger or other acquisition of control, a description of any transaction wherein funds were or are to be obtained for any such purpose, and the identity of persons furnishing such consideration: Provided, That where a source of such consideration is a loan made in the lender’s ordinary course of business, the identity of the lender shall remain confidential, if the person filing such statement so requests. (3) Fully audited financial information as to the earnings and

Financial information.

 financial condition of each acquiring party for the preceding five fiscal years of each such acquiring party (or for such lesser period as such acquiring party and any predecessors thereof shall have been in existence), and similar unaudited information as of a date not earlier than ninety days prior to the filing of the statement. (4) Any plans or proposals which each acquiring party may have to liquidate such insurer, to sell its assets or merge or consolidate it with any person, or to make any other material change in its business or corporate structure or management. (5) The number of shares of any security referred to in subsection (a) which each acquiring party proposes to acquire, and the terms of 88 Stat. 755 the offer, request, invitation, agreement, or acquisition referred to in subsection (a), and a statement as to the method by which the fairness of the proposal was arrived at. (6) The amount of each class of any security referred to in subsection (a) which is beneficially owned or concerning which there is a right to acquire beneficial ownership by each acquiring party. (7) A full description of any contracts, arrangements, or understandings

Contracts.

 with respect to any security referred to in subsection (a) in which any acquiring party is involved, including but not limited to transfer of any of the securities, joint ventures, loan or option arrangements, puts or calls, guarantees of loans, guarantees against loss or guarantees of profits, division of losses or profits, or the giving or withholding of proxies. Such description shall identify the persons with whom such contracts, arrangements, or understandings have been entered into. (8) A description of the purchase of any security referred to in

Security purchases.

 subsection (a) during the twelve calendar months preceding the filing of the statement, by any acquiring party, including the dates of purchase, names of the purchasers, and consideration paid or agreed to be paid therefor. (9) A description of any recommendations to purchase any security referred to in subsection (a) made during the twelve calendar months preceding the filing of the statement, by any acquiring party, or by anyone based upon interviews or at the suggestion of such acquiring party. (10) Copies of all tender offers for, requests or invitations for tenders of exchange offers for, and agreements to acquire or exchange any securities referred to in subsection (a), and (if distributed) of additional soliciting material relating thereto. (11) The terms of any agreement, contract, or understanding made

Agreement with a broker-dealer.

 with any broker-dealer as to solicitation of securities referred to in subsection (a) for tender, and the amount of any fees, commissions, or other compensation to be paid to broker-dealers with regard thereto. (12) Such additional information as the Commissioner may by rule

Additional information.

 or regulation prescribe as necessary or appropriate for the protection of policyholders and securityholders of the insurer or in the public interest. If the person required to file the statement referred to in subsection (a) is a partnership, limited partnership, syndicate, or other group, the Commissioner may require that the information called for by paragraphs (1) through (12) shall be given with respect to each partner of such partnership or limited partnership, each member of such syndicate or group, and each person who controls such partner or member. If any such partner, member, or person is a corporation or the person required to file the statement referred to in subsection (a) is a corporation, the Commissioner may require that the information called for by paragraphs (1) through (12) shall be given with respect to such corporation, each officer and director of such corporation, and each person who is directly or indirectly the beneficial owner of more than 10 per centum of the outstanding voting securities of such corporation. If any material change occurs in the facts set forth in the statement filed with the Commissioner and sent to such insurer pursuant to this section, an amendment setting forth such change, together with copies of all documents and other material relevant to such change, shall be filed with the Commissioner and sent to such insurer within two business days after the person learns of such change. Such insurer shall send such amendment to its shareholders. (c) Alternative Filing Materials.—If any offer, request, invitation, agreement, or acquisition referred to in subsection (a) is proposed to be made by means of a registration statement under the 88 Stat. 756 Securities Act of 1933 or in circumstances requiring the disclosure

15 USC 77a.

15 USC 78a.

 of similar information under the Securities Exchange Act of 1934, or under a State law requiring similar registration or disclosure, the person required to file the statement referred to in subsection (a) may utilize such documents in furnishing the information called for by that statement. (d) Approval by Commissioner; Hearings.— (1) The Commissioner shall approve any merger or other acquisition of control referred to in subsection (a) unless, after a public hearing thereon, he finds that: (A) After the change of control the domestic insurer referred to in subsection (a) would not be able to satisfy the requirements for the issuance of a license to write the line or lines of insurance for which it is presently licensed; (B) The effect of the merger or other acquisition of control would be substantially to lessen competition in insurance in the District or tend to create a monopoly therein; (C) The financial condition of any acquiring party is such as might jeopardize the financial stability of the insurer, or prejudice the interest of its policyholders or the interests of any remaining security holders who are unaffiliated with such acquiring party; (D) The terms of the offer, request, invitation, agreement, or acquisition referred to in subsection (a) are unfair and unreasonable to the securityholders of the insurer; (E) The plans or proposals which the acquiring party has to liquidate the insurer, sell its assets or consolidate or merge it with any person, or to make any other material change in its business or corporate structure or management, are unfair and unreasonable to policyholders of the insurer and not in the public interest; or (F) The competence, experience, and integrity of those persons who would control the operation of the insurer are such that it would not be in the interest of policyholders of the insurer or of the public to permit the merger or other acquisition of control. (2) The public hearing referred to in paragraph (1) shall be held within thirty days after the statement required by subsection (a) is filed, and at least twenty days’ notice thereof shall be

Notice.

 given by the Commissioner to the person filing the statement. Not less than seven days’ notice of such public hearing shall be given by the person filing the statement to the insurer and to such other person as may be designated by the Commissioner. The insurer shall give such notice to its securityholders. The commissioner shall make a determination within thirty days after the conclusion of such hearing. At such hearing, the person filing the statement, the insurer, any person to whom notice of hearing was sent, and any other person whose interests may be affected thereby shall have the right to present evidence, examine and cross-examine witnesses, and offer oral and written arguments, and in connection therewith shall be entitled to conduct discovery proceedings in the same manner as is presently allowed in the Superior Court of the District of Columbia. All discovery proceedings shall be concluded not later than three days prior to the commencement of the public hearing. (e) Mailings to Shareholders; Payment of Expenses.—All statements, amendments, or other material filed pursuant to subsection (a) or (b), and all notices of public hearings held pursuant to subsection (d), shall be mailed by the insurer to its shareholders within five busi-88 Stat. 757ness days after the insurer has received such statements, amendments, other material, or notices. The expenses of mailing shall be borne by the person making the filing. As security for the payment of such expenses, such person shall file with the Commissioner an acceptable bond or other deposit in an amount to be determined by the Commissioner. (f) Exemptions.—The provisions of this section shall not apply to— (1) any offers, requests, invitations, agreements, or acquisitions by the person referred to in subsection (a) of any voting security referred to in subsection (a) which, immediately prior to the consummation of such offer, request, invitation, agreement, or acquisition, was not issued and outstanding; (2) any offer, request, invitation, agreement, or acquisition if, under the terms thereof, the consummation of the transaction contemplated thereunder would result in the ownership by security holders of the domestic insurer of stock processing at least 80 per centum of the total combined voting power of all classes of stock of the acquiring party entitled to vote, or at least 80 per centum of the total combined voting power of all classes of stock of the person in control of the acquiring party entitled to vote; and (3) any offer, request, invitation, agreement, or acquisition which the Commissioner by order shall exempt therefrom as (A) not having been made or entered into for the purpose and not having the effect of changing or influencing the control of a domestic insurer, or (B) as otherwise not comprehended within the purposes of this section. (g) Violations.—The following shall be violations of this section: (1) The failure to file any statement, amendment, or other material required to be filed pursuant to subsection (a) or (b); or (2) The effectuation or any attempt to effectuate an acquisition of control of, or merger with, a domestic insurer unless the Commissioner has given his approval thereto. (h) Jurisdiction; Consent to Service of Process.—The Superior Court of the District of Columbia is hereby vested with jurisdiction over every person not resident, domiciled, or authorized to do business in the District who files a statement with the Commissioner under this section, and over all actions involving such person arising out of violations of this section, and each such person shall be deemed to have performed acts equivalent to and constituting an appointment by such a person of the Commissioner to be his true and lawful attorney upon whom may be served all lawful process in any action, suit, or proceeding arising out of violations of this section. Copies of all such lawful process shall be served on the Commissioner and transmitted by registered or certified mail by the Commissioner to such person at his last known address.
registration of insurers Sec. 5. (a) Registration.—Every insurer which is authorized to do

D.C. Code 35–1904.

 business in the District and which is a member of an insurance holding company system shall register with the Commissioner, except a foreign insurer subject to disclosure requirements and standards adopted by statute or regulation in the jurisdiction of its domicile which are substantially similar to those contained in this Act. Any insurer which is subject to registration under this section shall register within sixty days after the effective date of this Act or fifteen days after it becomes subject to registration, whichever is later, unless the Commissioner for good cause shown extends the time for registration, 88 Stat. 758 and then within such extended time. The Commissioner may require any authorized insurer which is a member of a holding company system which is not subject to registration under this section to furnish a copy of the registration statement or other information filed by such insurance company with the insurance regulatory authority of its domiciliary jurisdiction. (b) Information and Form Required.—Every insurer subject to registration shall file a registration statement on a form provided by the Commissioner, which shall contain current information about— (1) the capital structure, general financial condition, ownership, and management of the insurer and any person controlling the insurer; (2) the identity of every member of the insurance holding company system; (3) the following agreements in force, relationships subsisting, and transactions currently outstanding between such insurer and its affiliates; (A) loans, other investments, or purchases, sales or exchanges or securities of the affiliates by the insurer or of the insurer by its affiliates; (B) purchases, sales, or exchanges of assets; (C) transactions not in the ordinary course of business; (D) guarantees or undertakings for the benefit of an affiliate which result in an actual contingent exposure of the insurer’s assets to liability, other than insurance contracts entered into in the ordinary course of the insurer’s business; (E) all management and service contracts and all cost-sharing arrangements, other than cost allocation arrangements based upon generally accepted accounting principles; and (F) reinsurance agreements covering all or substantially all of one or more lines of insurance of the ceding company. (4) other matters concerning transactions between registered insurers and any affiliates as may be included from time to time in any registration forms adopted or approved by the Commissioner. (c) Materiality.—No information need be disclosed on the registration statement filed pursuant to subsection (b) if such information is not material for the purposes of this section. Unless the Commissioner by rule, regulation, or order provides otherwise, sales, purchases, exchanges, loans, or extensions of credit, or investments, involving one-half of 1 per centum or less of an insurer’s admitted assets as of the thirty-first day of December next preceding shall not be deemed material for purposes of this section. (d) Amendments to Registration Statements.—Each registered insurer shall keep current the information required to be disclosed in its registration statement by reporting all material changes or additions on amendment forms provided by the Commissioner within fifteen days after the end of the month in which it learns of each such change or addition: Provided, That subject to subsection (c) of section 6, each registered insurer shall so report all dividends and other distributions to shareholders within two business days following the declaration thereof. (e) Termination of Registration.—The Commissioner shall terminate the registration of any insurer which demonstrates that it no longer is a member of an insurance holding company system. (f) Consolidated Filing.—The Commissioner may require or allow two or more affiliated insurers subject to registration hereunder to file a consolidated registration statement or consolidated reports 88 Stat. 759 amending their consolidated registration statement or their individual registration statements. (g) Alternative Registration.—The Commissioner may allow an insurer which is authorized to do business in the District and which is part of an insurance holding company system to register on behalf of any affiliated insurer which is required to register under subsection (a) and to file all information and material required to be filed under this section. (h) Exemptions.—The provisions of this section shall not apply to any insurer, information, or transaction if and to the extent that the Commissioner by rule, regulation, or order shall exempt the same from the provisions of this section. (i) Disclaimer.—The presumption of control as defined by section 2(c), may be rebutted by a showing made in the manner herein provided that control does not exist in fact. The Commissioner may determine, after furnishing all persons in interest notice and an opportunity to be heard and making specific findings of fact to support such determination, that control exists in fact, notwithstanding the absence of a presumption to that effect. Any person may file with the Commissioner a disclaimer of affiliation with any authorized insurer or such a disclaimer may be filed by such insurer or any member of an insurance holding company system. The disclaimer shall fully disclose all material relationships and bases for affiliation between such person and such insurer as well as the basis for disclaiming such affiliation. After a disclaimer has been filed, the insurer shall be relieved of any duty to register or report under this section which may arise out of the insurer’s relationship with such person unless and until the Commissioner disallows the disclaimer. The Commissioner shall disallow such a disclaimer only after furnishing all parties in interest with notice and opportunity to be heard and after making specific findings of fact to support such disallowance. (j) Violations.—The failure to file a registration statement or any amendment thereto required by this section within the time specified for such filing shall be a violation of this section.
standards Sec. 6. (a) Transactions With Affiliates.—Material transactions

D.C. Code 35–1905.

 by registered insurers with their affiliates shall be subject to the following standards: (1) the terms shall be fair and reasonable; (2) the books, accounts, and records of each party shall be so maintained as to clearly and accurately disclose the precise nature and details of the transactions; and (3) the insurer’s surplus as regards policyholders following any dividends or distributions to shareholder affiliates shall be reasonable in relation to the insurer’s outstanding liabilities and adequate to its financial needs. (b) Adequacy of Surplus.—For the purposes of this section in determining whether an insurer’s surplus as regards policyholders is reasonable in relation to the insurer’s outstanding liabilities and adequate to its financial needs, the following factors, among others, shall be considered: (1) the size of the insurer as measured by its assets, capital and surplus, reserves, premium writings, insurance in force, and other appropriate criteria; (2) the extent to which the insurer’s business is diversified among the several lines of insurance; (3) the number and size of risks insured in each line of business; 88 Stat. 760 (4) the extent of the geographical dispersion of the insurer’s insured risks; (5) the nature and extent of the insurer’s reinsurance program; (6) the quality, diversification, and liquidity of the insurer’s investment portfolio; (7) the recent past and projected future trend in the size of the insurer’s surplus as regards policyholders; (8) the surplus as regards policyholders maintained by other comparable insurers; (9) the adequacy of the insurer’s reserves; and (10) the quality and liquidity of investments in subsidiaries made pursuant to section 3. The Commissioner may treat any such investment as a disallowed asset for purposes of determining the adequacy of surplus as regards policyholders whenever in his judgment such investment so warrants. (c) Dividends and Other Distributions.—(1) No insurer subject to registration under section 5 shall pay any extraordinary dividend or make any other extraordinary distribution to its shareholders until (A) thirty days after the Commissioner has received notice of the declaration thereof and has not within such period disapproved such payment, or (B) the Commissioner shall have approved such payment within such thirty-day period. (2) For purposes of this section, an extraordinary dividend or distribution includes any dividend or distribution of cash or other property, whose fair market value together with that of other dividends or distributions made within the preceding twelve months exceeds the greater of (A) 10 per centum of such insurer’s surplus as regards policyholders as of the thirty-first day of December next preceding or (B) the net gain from operations of such insurer, if such insurer is a life insurer, or the net investment income, if such insurer is not a life insurer, for the twelve-month period ending the thirty-first day of December next preceding, but shall not include pro rata distributions of any class of the insurer’s own securities. (3) Notwithstanding any other provision of law, an insurer may declare an extraordinary dividend or distribution which is conditional upon the Commissioner’s approval thereof, and such a declaration shall confer no rights upon shareholders until (A) the Commissioner has approved the payment of such dividend or distribution or (B) the Commissioner has not disapproved such payment within the thirty-day period referred to above.
examination Sec. 7. (a) Power of Commissioner.—Subject to the limitation contained

D.C. Code 35–1906.

 in this section and in addition to the powers which the Commissioner has under the insurance laws of the District relating to the examination of insurers, the Commissioner shall also have the power to order any insurer registered under section 5 to produce such records, books, papers, or other information in the possession of the insurer or its affiliates as shall be necessary to ascertain the financial condition or legality of conduct of such insurer. In the event such insurer fails to comply with such order, the Commissioner shall have the power to examine such affiliates to obtain such information. (b) Purpose and Limitation of Examination.—The Commissioner shall exercise his power under subsection (a) only if the examination of the insurer under and as is provided for by the insurance laws of the District is inadequate or the interests of the policyholders of such insurer may be adversely affected. (c) Use of Consultants.—The Commissioner may retain at the 88 Stat. 761 registered insurer’s expense such attorneys, actuaries, accountants, and other experts not otherwise a part of the Commissioner’s staff as shall be reasonably necessary to assist in the conduct of the examination under subsection (a). Any persons so retained shall be under the direction and control of the Commissioner and shall act in a purely advisory capacity. (d) Expenses.—Each registered insurer producing for examination records, books, and papers pursuant to subsection (a) shall be liable for and shall pay the expense of such examination in accordance with the provisions of section 19, chapter II, of the Life Insurance Act (D.C. Code, sec. 35–418) and section 10, chapter II, of the Fire and Casualty Act (D.C. Code, sec. 35–1313), pertaining to examination expense.
Sec. 8. Confidential Treatment.—All information, documents,

D.C. Code 35–1907.

 and copies thereof obtained by or disclosed to the Commissioner or any other person in the course of an examination or investigation made pursuant to section 7 and all information reported pursuant to section 5, shall be given confidential treatment and shall not be subject to subpena and shall not be made public by the Commissioner or any other person, except to insurance departments of other States, without the prior written consent of the insurer to which it pertains unless the Commissioner, after giving the insurer and its affiliates who would be affected thereby, notice and opportunity to be heard, determines that the interests of policyholders, shareholders, or the public will be served by the publication thereof, in which event he may publish all or any part thereof in such manner as he may deem appropriate.
Sec. 9. Rules and Regulations.—The Commissioner may, upon

D.C. Code 35–1908.

 notice and opportunity of all interested persons to be heard, issue such rules, regulations, and orders as shall be necessary to carry out the provisions of this Act.
injunctions; prohibitions against voting securities; sequestration of voting securities Sec. 10. (a) Injunctions.—Whenever it appears to the Commissioner

D.C. Code 35–1909.

 that any insurer or any director, officer, employee or agent thereof has committed or is about to commit a violation of this Act or of any rule, regulation, or order issued by the Commissioner hereunder, the Commissioner may apply to the Superior Court of the District of Columbia for an order enjoining such insurer of such director, officer, employee, or agent thereof from violating or continuing to violate this Act or any such rule, regulation, or order, and for such other equitable relief as the failure of the case and the interests of the insurer’s policyholders, creditors, shareholders, or the public may require. (b) Voting of Securities; When Prohibited.—No security which is the subject of any agreement or arrangement regarding acquisition, or which is acquired or to be acquired, in contravention of the provisions of this Act or of any rule, regulation, or order issued by the Commissioner hereunder may be voted at any shareholders’ meeting, or may be counted for quorum purposes, and any action of shareholders requiring the affirmative vote of a percentage of shares may be taken as though such securities were not issued and outstanding; but no action taken at any such meeting shall be invalidated by the voting of such securities, unless the action would materially affect control of the insurer or unless the Superior Court of the District of Columbia has so ordered. If an insurer or the Commissioner has reason to believe that any security of the insurer has been or is about to be acquired in contravention of the provisions of this Act or of any rule, regulation, 88 Stat. 762 or order issued by the Commissioner hereunder the insurer or the Commissioner may apply to the Superior Court of the District of Columbia to enjoin any offer, request, invitation, agreement, or acquisition made in contravention of section 4 of any rule, regulation, or order issued by the Commissioner thereunder to enjoin the voting of any security so acquired, to void any vote of such security already cast at any meeting of shareholders, and for such other equitable relief as the nature of the case and the interests of the insurer’s policyholders, creditors, shareholders, or the public may require. (c) Sequestration of Voting Securities.—In any case where a person has or is proposing to acquire any voting securities in violation of this Act or any rule, regulation, or order issued by the Commissioner hereunder, the Superior Court of the District of Columbia may, on such notice as the court deems appropriate, upon the application of the insurer or the Commissioner seize or sequester any voting securities of the insurer owned directly or indirectly by such person, and issue such orders with respect thereto as may be appropriate to effectuate the provisions of this Act. Notwithstanding any other provisions of law, for the purposes of this Act the situs of the ownership of the securities of domestic insurers shall be deemed to be in the District.
Sec. 11. Criminal Proceedings.—Whenever it appears to the Commissioner

D.C. Code 35–1910.

 that any insurer or any director, officer, employee, or agent thereof has committed a willful violation of this Act, the Commissioner may cause criminal proceedings to be instituted in the District against such insurer or the responsible director, officer, employee, or agent thereof. Any insurer which willfully violates this Act may

Penalty.

 be fined not more than $1,000. Any individual who willfully violates this Act may be fined not more than $1,000 or, if such willful violation involves the deliberate perpetration of a fraud upon the Commissioner, imprisoned not more than two years or both.
Sec. 12. Receivership.—Whenever it appears to the Commissioner that

D.C. Code 35–1911.

 any person has committed a violation of this Act which so impairs the financial condition of a domestic insurer as to threaten insolvency or make the further transaction of business by it hazardous to its policyholders, creditors, shareholders, or the public, the Commissioner may proceed as provided under the insurance laws of the District to take possession of the property of such domestic insurer and to conduct the business thereof.
Sec. 13. Revocation, Suspension, or Non-Renewal of Insurer’s License.—

D.C. Code 35–1912.

Whenever it appears to the Commissioner that any person has committed a violation of this Act which makes the continued operation of an insurer contrary to the interests of policyholders or the public, the Commissioner may, after giving notice and an opportunity to be heard, suspend, revoke, or refuse to renew such insurer’s license or authority to do business in the District for such period as he finds is required for the protection of policyholders or the public. Any such determination shall be accompanied by specific findings of fact and conclusions of law.
Sec. 14. Judicial Review; Mandamus.—(a) Any person aggrieved

D.C. Code 35–1913.

 by any act, determination, rule, regulation, or order or any other action of the Commissioner pursuant to this Act may appeal therefrom to the District of Columbia Court of Appeals, in accordance with the District of Columbia Administrative Procedure Act.

D.C. Code 1–1501 note.

 (b) Any person aggrieved by any failure of the Commissioner to act or make a determination required by this Act may petition the Superior Court of the District of Columbia for a writ in the nature of a mandamus or a peremptory mandamus directing the Commissioner to act or make such determination forthwith.
88 Stat. 763
Sec. 15. Conflict With Other Laws.—All laws and parts of laws

D.C. Code 35–1914.

 of the District inconsistent with this Act are hereby superseded with respect to matters covered by this Act.
Sec. 16. Separability of Provisions.—If any provision of this Act

D.C. Code 35–1915.

 or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and for this purpose the provisions of this Act are separable.
Sec. 17. Effective Date.—This Act shall take effect thirty days

D.C. Code 35–1901 note.

 after the date of its enactment.
Approved August 24, 1974.
Public Law 93–389: To extend for three years the District of Columbia Medical and Dental Manpower Act of 1970. Public Law 389 Public Law 93–389 1974-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–389
AN ACT To extend for three years the District of Columbia Medical and Dental Manpower Act of 1970.

August 24, 1974

[H. R. 11108]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) section

District of Columbia Medical and Dental Manpower Act of 1970, extension.

 303(c) of the District of Columbia Medical and Dental Manpower Act of 1970 (D.C. Code, sec. 31–922(c)) is amended to read as follows: “(c) There are authorized to be appropriated such sums as may be necessary for the fiscal years ending June 30, 1975, and June 30, 1976, to make grants under this section.”. (b) Section 303(b) of such Act is amended by striking out “section 772 of the Public Health Service Act (42 U.S.C. 295f–2)” and inserting in lieu thereof “section 773 of the Public Health Service Act”.

42 USC 295f–3.
Approved August 24, 1974.
Public Law 93–390: To amend the title of the Foreign Assistance Act of 1961 concerning the Overseas Private Investment Corporation to extend the authority for the Corporation, to authorize the Corporation to issue reinsurance, to terminate certain activities of the Corporation, and for other purposes. Public Law 390 Public Law 93–390 1974-08-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–390
AN ACT To amend the title of the Foreign Assistance Act of 1961 concerning the Overseas Private Investment Corporation to extend the authority for the Corporation, to authorize the Corporation to issue reinsurance, to terminate certain activities of the Corporation, and for other purposes.

August 27, 1974

[S. 2957]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Overseas Private Investment Corporation Amendments Act of 1974.

 be cited as the “Overseas Private Investment Corporation Amendments Act of 1974”.
Sec. 2. Title IV of chapter 2 of part I of the Foreign Assistance Act

22 USC 2191 note.

 of 1961 (22 U.S.C. 2191–2200a) is amended as follows: (1) In section 231—

22 USC 2191.

 (A) in the first sentence, strike out “progress” and insert in lieu thereof “development”; 88 Stat. 764 (B) strike out clause (a) and insert in lieu thereof the following: “(a) to conduct financing, insurance, and reinsurance operations on a self-sustaining basis, taking into account in its financing operations the economic and financial soundness of projects;; (C) in clause (d) strike out “, when appropriate,”, and insert after “efforts to share its insurance” the following: “and reinsurance”; (D) strike out clause (e) and insert in lieu thereof the following: “(e) to give preferential consideration in its investment insurance, financing, and reinsurance activities (to the maximum extent practicable consistent with the Corporation’s purposes) to investment projects involving businesses of not more than $2,500,000 net worth or with not more than $7,500,000 in total assets;”; (E) in clause (i), after “balance-of-payments” insert “and employment”; (F) in clause (j), strike out “and” after the semicolon; (G) at the end of clause (k), strike out the period and insert in lieu thereof a semicolon; and (H) add at the end thereof the following new clauses: “(l) to the maximum extent practicable, to give preferential consideration in the Corporation’s investment insurance, financing, and reinsurance activities to investment projects in the less developed friendly countries which have per capita incomes of $450 or less in 1973 United States dollars; and “(m)(1) to decline to issue any contract of insurance or reinsurance, or any guaranty, or to enter into any agreement to provide financing for an eligible investor’s proposed investment if the Corporation determines that such investment is likely to cause such investor (or the sponsor of an investment project in which such investor is involved) significantly to reduce the number of his employees in the United States because he is replacing his United States production with production from such investment which involves substantially the same product for substantially the same market as his United States production; and (2) to monitor conformance with the representations of the investor on which the Corporation relied in making the determination required by clause (1).” (2) Section 234 is amended—

22 USC 2194.

 (A) by striking out the section caption and inserting in lieu thereof the following: “Investment Insurance and Other Programs”; (B) by striking out subsection (a)(2) and inserting in lieu thereof the following: “(2) Recognizing that major private investments in less developed friendly countries or areas are often made by enterprises in which there is multinational participation, including significant United States private participation, the Corporation may make arrangements with foreign governments (including agencies, instrumentalities, or 88 Stat. 765 political subdivisions thereof) or with multilateral organizations and institutions for sharing liabilities assumed under investment insurance for such investments and may in connection therewith issue insurance to investors not otherwise eligible hereunder, except that liabilities assumed by the Corporation under the authority of this subsection shall be consistent with the purposes of this title and that the maximum share of liabilities so assumed shall not exceed the proportionate participation by eligible investors in the total project financing, and that the maximum share of liabilities so assumed under paragraph (1)(A) and (B) or paragraph (1)(C) shall not exceed the Corporation’s proportional share for such liabilities as specified in paragraph (4) or (5) of this subsection.” (C) by adding at the end of subsection (a) thereof the following new paragraphs: “(4)(A) It is the intention of Congress that the Corporation achieve participation by private insurance companies, multilateral organizations, or others in liabilities incurred in respect of the risks referred to in paragraph (1)(A) and (B) of this subsection under contracts issued on and after January 1, 1975, of at least 25 per centum, and, under contracts issued on and after January 1, 1978, of at least 50 per centum. If for good reason it is not possible for the Corporation

Report to congressional committees.

 to achieve either such percentage of participation, the Corporation shall report in detail to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives the reasons for its inability to achieve either such percentage of participation, and the date by which such percentage is to be achieved. “(B) The Corporation shall not participate as insurer under contracts of insurance issued after December 31, 1979, in respect of the risks referred to in paragraph (1)(A) and (B) of this subsection unless Congress by law modifies this paragraph. “(5)(A) It is the intention of Congress that the Corporation achieve participation by private insurance companies, multilateral organizations, or others in liabilities incurred in respect of the risks referred to in paragraph (1)(C) of this subsection under contracts issued on and after January 1, 1976, of at least 12½ per centum, and, under contracts issued on and after January 1, 1979, of at least 40 per centum. If for good reason it is not possible for the Corporation

Report to congressional committees.

 to achieve either such percentage of participation, the Corporation shall report in detail to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives the reasons for its inability to achieve either such percentage of participation and the date by which such percentage is to be achieved. “(B) The Corporation shall not participate as insurer under contracts of insurance issued after December 31, 1980, in respect of the risks referred to in paragraph (1)(C) of this subsection unless Congress by law modifies this paragraph. “(6) Notwithstanding any of the percentages of participation under paragraphs (4)(A) and (5)(A) of this subsection, the Corporation may agree to assume liability as insurer for any contract of insurance, or share thereof, that a private insurance company, multilateral 88 Stat. 766 organization, or any other person has issued in respect of the risks referred to in paragraph (1) of this subsection, and neither the execution of any such agreement to assume liability nor its performance by the Corporation shall be considered as participation by the Corporation in any such contract for purposes of such percentages of participation. On and after January 1, 1981, the Corporation shall not enter into any such agreement to assume liability. “(7) On and after December 31, 1979, the Corporation shall not manage direct insurance issued after such date in respect of risks referred to in paragraph (1)(A) or (B) of this subsection unless Congress by law modifies this sentence. On and after December 31, 1980, the Corporation shall not manage direct insurance issued after such date in respect of risks referred to in paragraph (1)(C) of this subsection unless Congress by law modifies this sentence. It shall thereafter act solely as a reinsurer except to the extent necessary to manage its outstanding insurance and reinsurance contracts and any contracts of insurance the Corporation assumes pursuant to paragraph (6).”; and (D) by adding at the end thereof the following new subsection: “(f) Other insurance functions.—(1) To make and carry out contracts of insurance or reinsurance, or agreements to associate or share risks, with insurance companies, financial institutions, any other persons, or groups thereof, and employing the same, where appropriate, as its agent, or acting as their agent, in the issuance and servicing of insurance, the adjustment of claims, the exercise of subrogation rights, the ceding and accepting of reinsurance, and in any other matter incident to an insurance business. “(2) To enter into pooling or other risk-sharing arrangements with other national or multinational insurance or financing agencies or groups of such agencies. “(3) To hold an ownership interest in any association or other entity established for the purposes of sharing risks under investment insurance. “(4) To issue, upon such terms and conditions as it may determine, reinsurance of liabilities assumed by other insurers or groups thereof in respect of risks referred to in subsection (a)(1). The authority granted by paragraph (3) may be exercised notwithstanding the prohibition under subsection (c) against the Corporation purchasing or investing in any stock in any other corporation. The amount of reinsurance of liabilities under this title which the Corporation may issue shall not exceed $600,000,000 in any one year, and the amount of such reinsurance shall not in the aggregate exceed at any one time an amount equal to the amount authorized for the maximum contingent liability outstanding at any one time under section 235(a)(1). All reinsurance issued by the Corporation under

22 USC 2195.

 this subsection shall require that the reinsured party retain for his own account specified portions of liability, whether first loss or otherwise, and the Corporation shall endeavor to increase such specified portions to the maximum extent possible.” (3) In section 235— (A) strike out “1974” in subsection (a)(4) and insert in lieu thereof “1977”; (B) in subsection (d), strike out “insurance issued under section 234(a)” and insert in lieu thereof the following: “insurance or reinsurance issued under section 234”; and

Ante, p. 764.

 (C) strike out subsection (f) and insert in lieu thereof the following:88 Stat. 767 “(f) There are authorized to be appropriated to the Corporation,

Appropriation.

 to remain available until expended, such amounts as may be necessary from time to time to replenish or increase the insurance and guaranty fund, to discharge the liabilities under insurance, reinsurance, or guaranties issued by the Corporation or issued under predecessor guaranty authority, or to discharge obligations of the Corporation purchased by the Secretary of the Treasury pursuant to this subsection. However, no appropriations shall be made to augment the Insurance Reserve until the amount of funds in the Insurance Reserve is less than $25,000,000. Any appropriations to augment the Insurance Reserve shall then only be made either pursuant to specific authorization enacted after the date of enactment of the Overseas Private Investment Corporation Amendments Act of 1974, or to satisfy the full faith and credit provision of section 237(c). In order to discharge liabilities under investment insurance

Infra.

 or reinsurance, the Corporation is authorized to issue from time to time for purchase by the Secretary of the Treasury its notes, debentures, bonds, or other obligations; but the aggregate amount of such obligations outstanding at any one time shall not exceed $100,000,000. Any such obligation shall be repaid to the Treasury within one year after the date of issue of such obligation. Any such obligation shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of any obligation authorized by this subsection. The Secretary of the Treasury shall purchase any obligation of the Corporation issued under this subsection, and for such purchase he may use as a public debt transaction the proceeds of the sale of any securities issued under the Second Liberty Bond Act after the date of enactment of the Overseas Private Investment Corporation Amendments Act of 1974. The purpose for which securities may be issued under such Bond Act shall include any such purchase.”

31 USC 774.

 (4) In section 237—

22 USC 2197.

 (A) in subsection (a), strike out “and guaranties” and insert in lieu thereof a comma and “guaranties, and reinsurance”; and strike out “or guaranties” and insert in lieu thereof a comma and “guaranties, or reinsurance”; (B) in subsection (b), strike out “or guaranty” in both places and insert in lieu thereof in both places the following: “, guaranty or reinsurance”; (C) in subsection (c), insert “, reinsurance,” after “insurance” in both places it occurs: (D) strike out subsection (d) and insert in lieu thereof the following: “(d) Fees shall be charged for insurance, guaranty, and reinsurance coverage in amounts to be determined by the Corporation. In the event fees charged for investment insurance, guaranties, or reinsurance are reduced, fees to be paid under existing contracts for the same type of insurance, guaranties, or reinsurance and for similar guaranties issued under predecessor guaranty authority may be reduced.”; (E) in subsection (e), strike out “or guaranty” and insert in lieu thereof a comma and “guaranty, or reinsurance”; (F) in subsection (f), insert “, reinsurance,” after “insurance” in both places it occurs; (G) add at the end of subsection (f) the following: “Notwithstanding the preceding sentence, the Corporation shall limit the amount of direct insurance and reinsurance issued by it under section 234 so that risk of loss as to at least 10 per centum of the total

Ante, p. 764.

 investment of the insured and its affiliates in the project is borne 88 Stat. 768 by the insured and such affiliates. The preceding sentence shall not apply to the extent not permitted by State law.”; (H) in subsection (g), after “guaranty”, insert a comma and “insurance, or reinsurance”; (I) in subsection (h), strike out “or guaranties” and insert in lieu thereof a comma and “guaranties, or reinsurance”; (J) in subsection (i), after “insurance”, insert “, reinsurance,”; and (K) strike out subsection (k) and insert in lieu thereof the following: “(k) In making a determination to issue insurance, guaranties, or reinsurance under this title, the Corporation shall consider the possible adverse effect of the dollar investment under such insurance, guaranty, or reinsurance upon the balance of payments of the United States.” (5) In section 239—

22 USC 2199.

 (A) in subsection (b), add the following new sentences at the end thereof: “On December 31, 1979, the Corporation shall cease operating the programs authorized by section 234 (b) through

22 USC 2194.

22 USC 2200.

 (e) and section 240. Thereafter, the President is authorized to transfer such programs, and all obligations, assets, and related rights and responsibilities arising out of, or related to, such programs to other agencies of the United States. Upon any such transfer, these programs shall be limited to countries with per capita income of $450 or less in 1973 dollars.”; and (B) add at the end thereof the following: “(h) Within six months after the date of enactment of this subsection the Corporation shall develop and implement specific criteria intended to minimize the potential environmental implications of projects undertaken by investors abroad in accordance with any of the programs authorized by this title.” (6) In section 240(h), strike out “1974” and insert in lieu thereof

22 USC 2200.

 “1977”. (7) In section 240A, strike out subsection (b) and insert in lieu

22 USC 2200a.

 thereof the following: “(b) Not later than January 1, 1976, the Corporation shall submit

Report to Congress.

 to the Congress an analysis of the possibilities of transferring all of its activities to private insurance companies, multilateral organizations and institutions, or other entities.”
Approved August 27, 1974.
Public Law 93–391: Making appropriations for the Department of Transportation and related agencies for the fiscal year ending June 30, 1975, and for other purposes. Public Law 391 Public Law 93–391 1974-08-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–391
AN ACT Making appropriations for the Department of Transportation and related agencies for the fiscal year ending June 30, 1975, and for other purposes.

August 28, 1974

[H. R. 15405]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following

Department of Transportation and Related Agencies Appropriation Act, 1975.

 sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Transportation and related agencies for the fiscal year ending June 30, 1975, and for other purposes, namely: 88 Stat. 769 <num value="I">TITLE I</num><heading class="centered">DEPARTMENT OF TRANSPORTATION</heading> <appropriations level="intermediate"><heading>Office of the Secretary</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Office of the Secretary of Transportation, including not to exceed $27,000 for allocation within the Department for official reception and representation expenses as the Secretary may determine, $31,000,000: <proviso><i>Provided</i>, That not to exceed $882,900 of the funds provided under this Act shall be available to enable the Office of the Secretary to lease and maintain automobile parking facilities in the Nassif Building for employees of the Department.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Transportation Planning, Research, and Development</heading> <content>For necessary expenses for conducting transportation planning, research, and development activities, including the collection of national transportation statistics, to remain available until expended, $28,000,000.</content> </appropriations> <appropriations level="intermediate"><heading>Grants-in-Aid for Natural Gas Pipeline Safety</heading> <content>For grants-in-aid to carry out a pipeline safety program, as authorized by section 5 of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1674), $1,200,000, to remain available until expended.</content> </appropriations> <appropriations level="major"><heading>COAST GUARD</heading> <appropriations level="intermediate"><heading>Operating Expenses</heading> <content>For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase of not to exceed sixteen passenger motor vehicles, for replacement only; and recreation and welfare; $618,144,448, of which $179,448 shall be applied to Capehart Housing debt reduction: <proviso><i>Provided</i>, That the number of aircraft <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t14/s92">14 USC 92</ref> note.</p></sidenote> on hand at any one time shall not exceed one hundred and seventy-nine exclusive of planes and parts stored to meet future attrition:</proviso> <proviso><i>Provided further</i>, That, without regard to any provisions of law or Executive order prescribing minimum flight requirements, Coast Guard regulations which establish proficiency standards and maximum and minimum flying hours for this purpose many provide for the payment of flight pay at the rates prescribed in section 301 of title 37, United States Code, to certain members of the Coast Guard otherwise entitled to receive flight pay during the current fiscal year (1) who <page identifier="/us/stat/88/770">88 <inline class="smallCaps">Stat.</inline> 770</page> have held aeronautical ratings or designations for not less than fifteen years, or (2) whose particular assignment outside the United States or in Alaska, makes it impractical to participate in regular aerial flights, or who have been assigned to a course of instruction of 90 days or more:</proviso> <proviso><i>Provided further</i>, That amounts equal to the obligated balances against the appropriations for “Operating expenses” for the two preceding years, shall be transferred to and merged with this appropriation, and such merged appropriation shall be available as one fund, except for accounting purposes of the Coast Guard, for the payment of obligations properly incurred against such prior year appropriations and against this appropriation.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Acquisition, Construction, and Improvements</heading> <content>For necessary expenses of acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto; $112,307,000, to remain available until June 30, 1977.</content> </appropriations> <appropriations level="intermediate"><heading>Alteration of Bridges</heading> <content>For necessary expenses for alteration of obstructive bridges; $6,800,000, to remain available until expended.</content> </appropriations> <appropriations level="intermediate"><heading>Retired Pay</heading> <content>For retired pay, including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose, and payments under the Retired Serviceman’s Family Protection and Survivor Benefit Plans; $95,850,000.</content> </appropriations> <appropriations level="intermediate"><heading>Reserve Training</heading> <content>For all necessary expenses for the Coast Guard Reserve, as authorized by law; maintenance and operation of facilities; and supplies, equipment, and services; $29,000,000: <proviso><i>Provided</i>, That amounts equal to the obligated balances against the appropriations for “Reserve training” for the two preceding years shall be transferred to and merged with this appropriation, and such merged appropriation shall be available as one fund, except for accounting purposes of the Coast Guard, for the payment of obligations properly incurred against such prior year appropriations and against this appropriation.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Research, Development, Test, and Evaluation</heading> <content>For necessary expenses, not otherwise provided for, for basic and applied scientific research, development, test, and evaluation; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $17,500,000, to remain available until expended.</content> </appropriations> <appropriations level="intermediate"><heading>State Boating Safety Assistance</heading> <content>For financial assistance for State boating safety programs in accordance with the provisions of the Federal Boat Safety Act of 1971 (46 U.S.C. 1474–1480), $6,000,000, to remain available until expended.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/771">88 <inline class="smallCaps">Stat.</inline> 771</page> <appropriations level="major"><heading>FEDERAL AVIATION ADMINISTRATION</heading> <appropriations level="intermediate"><heading>Operations</heading> <content>For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including administrative expenses for research and development and for establishment of air navigation facilities, and carrying out the provisions of the Airport and Airway Development Act; purchase of four passenger motor vehicles for <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1701">49 USC 1701</ref> note.</p></sidenote> replacement only; and purchase and repair of skis and snowshoes; $1,375,500,000: <proviso><i>Provided</i>, That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the maintenance and operation of air navigation facilities.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Facilities, Engineering and Development</heading> <content>For necessary expenses of the Federal Aviation Administration, not otherwise provided for, and for acquisition and modernization of facilities and equipment and service testing in accordance with the provisions of the Federal Aviation Act (49 U.S.C. 1301–1542), including construction of experimental facilities and acquisition of necessary sites by lease or grant; $12,250,000, to remain available until expended: <proviso><i>Provided</i>, That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for engineering and development.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Facilities and Equipment (Airport and Airway Trust Fund)</heading> <content>For necessary expenses, not otherwise provided for; for acquisition, establishment, and improvement by contract or purchase, and hire of air navigation and experimental facilities, including initial acquisition of necessary sites by lease or grant; engineering and service testing including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available, and purchase of six aircraft; $235,521,000, to be derived from the Airport and Airway Trust Fund, to remain available until June 30, 1977: <proviso><i>Provided</i>, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities:</proviso> <proviso><i>Provided further</i>, That no part of the foregoing appropriation shall be available for the construction of a new wind tunnel, or to purchase any land for or in connection with the National Aviation Facilities Experimental Center, or to remote or decommission any existing flight service station.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Research, Engineering and Development (Airport and Airway Trust Fund)</heading> <content>For necessary expenses, not otherwise provided, for research, engineering and development in accordance with the provisions of the Federal Aviation Act (49 U.S.C. 1301–1542), including construction of experimental facilities and acquisition of necessary sites by lease or grant; $60,000,000, to be derived from the Airport and Airway <page identifier="/us/stat/88/772">88 <inline class="smallCaps">Stat.</inline> 772</page> Trust Fund, to remain available until expended: <proviso><i>Provided</i>, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for research, engineering and development.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Grants-in-Aid for Airports (Airport and Airway Trust Fund)</heading> <content>For liquidation of obligations incurred for airport development <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1714">49 USC 1714.</ref></p></sidenote> under authority contained in section 14 of Public Law 91–258, as amended, to be derived from the Airport and Airway Trust Fund and to remain available until expended, $280,000,000.</content> </appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, National Capital Airports</heading> <content>For expenses incident to the care, operation, maintenance, improvement, and protection of the federally owned civil airports in the vicinity of the District of Columbia, including purchase of ten passenger motor vehicles for police type use, for replacement only; purchase, cleaning, and repair of uniforms; and arms and ammunition: $16,000,000.</content> </appropriations> <appropriations level="intermediate"><heading>Construction, National Capital Airports</heading> <content>For necessary expenses for construction at the federally owned civil airports in the vicinity of the District of Columbia, $5,700,000, to remain available until June 30, 1977.</content> </appropriations> <appropriations level="intermediate"><heading>Aviation War Risk Insurance Revolving Fund</heading> <content>The Secretary of Transportation is hereby authorized to make such expenditures, within the limits of funds available pursuant to section 1306 of the Act of August 23, 1958 (49 U.S.C. 1536), and in accordance with section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for aviation war risk insurance activities under said Act.</content> </appropriations> </appropriations> <appropriations level="major"><heading>FEDERAL HIGHWAY ADMINISTRATION</heading> <appropriations level="intermediate"><heading>Limitation on General Operating Expenses</heading> <content>Necessary expenses for administration, operation, and research of the Federal Highway Administration not to exceed $129,200,000 shall be paid, in accordance with law, from appropriations made available by this Act to the Federal Highway Administration together with advances and reimbursements received by the Federal Highway Administration: <proviso><i>Provided</i>, That not to exceed $30,600,000 of the amount provided herein shall remain available until expended.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Motor Carrier Safety</heading> <content>For necessary expenses to carry out motor carrier safety functions of the Secretary, as authorized by the Department of Transportation Act (80 Stat. 939–40), $6,130,000: <proviso><i>Provided</i>, That not to exceed <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1651">49 USC 1651</ref> note.</p></sidenote> $500,000 of the amount appropriated herein shall remain available until expended and not to exceed $805,000, shall be available for “Limitation on general operating expenses.”</proviso></content> </appropriations> <page identifier="/us/stat/88/773">88 <inline class="smallCaps">Stat.</inline> 773</page> <appropriations level="intermediate"><heading>Highway Safety Research and Development</heading> <content>For necessary expenses in carrying out provisions of title 23, United States Code, including section 206(b) of the “Highway Safety Act of 1973,” to be derived from the Highway Trust Fund, $9,000,000, to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t23/s151">23 USC 151</ref> note.</p></sidenote> remain available until expended.</content> </appropriations> <appropriations level="intermediate"><heading>Highway Beautification (Liquidation of Contract Authorization)</heading> <content>For payment of obligations incurred in carrying out the provisions of title 23, United States Code, sections 131, 136, and 319(b), $25,000,000 to remain available until expended, together with $1,000,000 for necessary administrative expenses for carrying out such provisions of title 23, United States Code, as authorized by section 104(a) of the Federal-Aid Highway Act of 1973.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/stat/87/250">87 Stat. 250.</ref></p></sidenote></content> </appropriations> <appropriations level="intermediate"><heading>Highway-Related Safety Grants (Liquidation of Contract Authorization)</heading> <content>For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 402, administered by the Federal Highway Administration, to remain available until expended, $12,000,000 of which $7,500,000 shall be derived from the Highway Trust Fund: <proviso><i>Provided</i>, That not to exceed $498,000 of the amount appropriated herein shall be available for “Limitation on General operating expenses.”</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Rail Crossings—Demonstration Projects</heading> <content>For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 322, to remain available until expended, $3,000,000, of which $2,000,000 shall be derived from the Highway Trust Fund.</content> </appropriations> <appropriations level="intermediate"><heading>Railroad-Highway Crossings Demonstration Projects</heading> <content>For necessary expenses of railroad-highway crossings demonstration projects, as authorized by section 163 of the Federal-Aid Highway Act of 1973, to remain until expended, $11,000,000, to be derived by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t23/s130">23 USC 130</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t23/s130/s405">23 USC 130 note, 405.</ref></p></sidenote> transfer from amounts available for obligation under sections 203 and 230 of the Highway Safety Act of 1973.</content> </appropriations> <appropriations level="intermediate"><heading>Rural Highway Public Transportation Demonstration Program</heading> <content>For necessary expenses in carrying out the provisions of the “Federal-Aid Highway Act of 1973,” section 147, to remain available <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t23/s142">23 USC 142</ref> note.</p></sidenote> until expended, $10,000,000, of which $7,000,000 shall be derived from the Highway Trust Fund.</content> </appropriations> <appropriations level="intermediate"><heading>Territorial Highways (Liquidation of Contract Authorization)</heading> <content>For payment of obligations incurred in carrying out the provisions of title 23, United States Code, sections 215, 402, and 405, $4,000,000 to remain available until expended.</content> </appropriations> <page identifier="/us/stat/88/774">88 <inline class="smallCaps">Stat.</inline> 774</page> <appropriations level="intermediate"><heading>Darien Gap Highway</heading> <content>For necessary expenses for construction of the Darien Gap Highway in accordance with the provisions of section 216 of title 23 of the United States Code, $20,000,000, to remain available until expended.</content> </appropriations> <appropriations level="intermediate"><heading>Alaska Highway</heading> <content>For necessary expenses to carry out the provisions of section 218 of title 23 of the United States Code, $5,000,000 to remain available until expended.</content> </appropriations> <appropriations level="intermediate"><heading>Federal-Aid Highways (Liquidation of Contract Authorization) (Trust Fund)</heading> <content>For carrying out the provisions of title 23, United States Code, which are attributable to Federal-aid highways, not otherwise provided, including reimbursement for sums expended pursuant to the provisions of section 308, title 23, United States Code, $4,575,840,000 or so much thereof as may be available in and derived from the “Highway trust fund”, to remain available until expended.</content> </appropriations> <appropriations level="intermediate"><heading>Highway Safety Construction Programs (Liquidation of Contract Authorization) (Trust Fund)</heading> <content>For payment of obligations incurred in carrying out the provisions of title 23, United States Code, sections 130, 144, 151, 152, 153, and 405, $110,000,000, to be derived from the Highway Trust Fund, to remain available until expended.</content> </appropriations> <appropriations level="intermediate"><heading>Right-of-Way Revolving Fund (Liquidation of Contract Authorization) (Trust Fund)</heading> <content>For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 108(c), as authorized by section 7(c) of the Federal-Aid Highway Act of 1968, to remain available <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t23/s108">23 USC 108</ref> note.</p></sidenote> until expended, $20,000,000, to be derived from the “Highway Trust Fund” at such times and in such amounts as may be necessary to meet current withdrawals.</content> </appropriations> <appropriations level="intermediate"><heading>Forest Highways (Liquidation of Contract Authorization)</heading> <content>For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 204, pursuant to contract authorization granted by title 23, United States Code, section 203, to remain available until expended, $12,450,000.</content> </appropriations> <appropriations level="intermediate"><heading>Public Lands Highway (Liquidation of Contract Authorization)</heading> <content>For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 209, pursuant to the contract authorization granted by title 23, United States Code, section 203, $8,270,000, to remain available until expended.</content> </appropriations> <page identifier="/us/stat/88/775">88 <inline class="smallCaps">Stat.</inline> 775</page> <appropriations level="intermediate"><heading>Baltimore-Washington Parkway</heading> <content>For necessary expenses, not otherwise provided, to carry out the provisions of the Federal-Aid Highway Act of 1970, for the Baltimore-Washington <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t23/s101">23 USC 101</ref> note.</p></sidenote> Parkway, to remain available until expended, $1,600,000 to be derived from the “Highway Trust Fund” and to be withdrawn therefrom at such times and in such amounts as may be necessary.</content> </appropriations> </appropriations> <appropriations level="major"><heading>NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION</heading> <appropriations level="intermediate"><heading>Traffic and Highway Safety</heading> <content>For expenses necessary to discharge the functions of the Secretary with respect to traffic and highway safety and functions under the Motor Vehicle Information and Cost Savings Act (Public Law 92–513), $73,445,000, of which $29,130,000 shall be derived from the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s1901">15 USC 1901</ref> note.</p></sidenote> Highway Trust Fund; <proviso><i>Provided</i>, That not to exceed $34,800,000 shall remain available until expended for the contractual and State grant requirements of the Motor Vehicle Information and Cost Savings Act, and the contractual requirements of Research and Analysis activities.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>State and Community Highway Safety</heading> <subheading>(Liquidation of Contract Authorization)</subheading> <content>For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 402, to remain available until expended, $96,000,000, of which $85,140,000 shall be derived from the Highway Trust Fund.</content> </appropriations> </appropriations> <appropriations level="major"><heading>FEDERAL RAILROAD ADMINISTRATION</heading> <appropriations level="intermediate"><heading>Office of the Administrator</heading> <content>For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $3,800,000.</content> </appropriations> <appropriations level="intermediate"><heading>Railroad Safety</heading> <content>For necessary expenses in connection with railroad safety, not otherwise provided for, $10,170,000.</content> </appropriations> <appropriations level="intermediate"><heading>Grants-in-Aid for Railroad Safety</heading> <content>For grants-in-aid to carry out a railroad safety program, $1,000,000, to remain available until expended: <proviso><i>Provided</i>, That the unobligated balance of this appropriation for fiscal year 1974 is hereby continued available until expended.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Railroad Research and Development</heading> <content>For necessary expenses for research, development, and demonstrations in high-speed ground transportation and in rail matters generally, $50,000,000, to remain available until expended.</content> </appropriations> <page identifier="/us/stat/88/776">88 <inline class="smallCaps">Stat.</inline> 776</page> <appropriations level="intermediate"><heading>Grants to the National Railroad Passenger Corporation</heading> <content>To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation, $135,000,000, to remain available until expended, of which $119,800,000 shall be available only upon the enactment into law of authorizing legislation by the Congress.</content> </appropriations> <appropriations level="intermediate"><heading>The Alaska Railroad</heading> <appropriations level="small"><heading>alaska railroad revolving fund</heading> <content>The Alaska Railroad Revolving Fund shall continue available until expended for the work authorized by law, including operation and maintenance of oceangoing or coastwise vessels by ownership, charter, or arrangement with other branches of the Government service, for the purpose of providing additional facilities for transportation of freight, passengers, or mail, when deemed necessary for the benefit and development of industries or travel in the area served; and payment of compensation and expenses as authorized by 5 U.S.C. 8146, to be reimbursed as therein provided: <proviso><i>Provided</i>, That no employee shall be paid an annual salary out of said fund in excess of the salaries prescribed by the Classification Act of 1949, as amended, for grade GS–15, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332</ref> note.</p></sidenote> except the general manager of said railroad, one assistant general manager at not to exceed the salaries prescribed by said Act for GS–17, and five officers at not to exceed the salaries prescribed by said Act for grade GS–16.</proviso></content> </appropriations> <appropriations level="small"><heading>payment to the alaska railroad revolving fund</heading> <content>For payment to the Alaska Railroad Revolving Fund for capital replacements, improvements, and maintenance, $6,250,000, to remain available until expended.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>URBAN MASS TRANSPORTATION ADMINISTRATION</heading> <appropriations level="intermediate"><heading>Urban Mass Transportation Fund</heading> <appropriations level="small"><heading>administrative expenses</heading> <content>For necessary administrative expenses of the urban mass transportation program authorized by the Urban Mass Transportation Act of 1964 (49 U.S.C. 1601 et seq., as amended by Public Law 91–453) and the Federal-Aid Highway Act of 1973 (Public Law 93–87) in connection <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t23/s101">23 USC 101</ref> note.</p></sidenote> with the activities, including uniforms and allowances therefor, as authorized by law (5 U.S.C. 5901–5902); hire of passenger motor vehicle; and services as authorized by 5 U.S.C. 3109; $6,000,000: <proviso><i>Provided, however</i>, That there be a 3.5 per centum reduction in new budget (obligational) authority across the board of the total appropriations contained in this Act except for the appropriations for Coast Guard, operating expenses; Coast Guard, retired pay; Federal Aviation Administration, operations; National Transportation Safety Board, salaries and expenses; Civil Aeronautics Board, salaries and expenses; Civil Aeronautics Board, payments to aircrafters; Interstate Commerce Commission, salaries and expenses; and except for all limitations:</proviso> <proviso><i>Provided further</i>, That the appropriation for Darien Gap Highway is reduced by an additional $6,000,000.</proviso></content> </appropriations> <page identifier="/us/stat/88/777">88 <inline class="smallCaps">Stat.</inline> 777</page> <appropriations level="small"><heading>research, development, and demonstrations and university research and training</heading> <content>For an additional amount for the urban mass transportation program, as authorized by the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), to remain available until expended; $45,130,000: <proviso><i>Provided</i>, That $41,880,000 shall be available for research, development, and demonstrations, $2,250,000 shall be available for university research and training, and not to exceed $1,000,000 shall be available for managerial training as authorized under the authority of the said act.</proviso></content> </appropriations> <appropriations level="small"><heading>liquidation of contract authorization</heading> <content>For payment to the urban mass transportation fund, for liquidation of contractual obligations incurred under authority of the Urban Mass Transportation Act of 1964 (49 U.S.C. 1601 et seq., as amended by Public Law 91–453), $400,000,000, to remain available until expended.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION</heading> <chapeau class="firstIndent1 fontsize10">The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to such Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s849">31 USC 849.</ref></p></sidenote> out the programs set forth in the budget for the current fiscal year for such Corporation except as hereinafter provided.</chapeau> <appropriations level="intermediate"><heading>Limitation on Administrative Expenses, Saint Lawrence Seaway Development Corporation</heading> <content>Not to exceed $886,000 shall be available for administrative expenses which shall be computed on an accrual basis, including not to exceed $3,000 for official entertainment expenses to be expended upon the approval or authority of the Secretary of Transportation: <proviso><i>Provided</i>, That Corporation funds shall be available for the hire of passenger motor vehicles and aircraft, operation and maintenance of aircraft, uniforms or allowances therefor for operation and maintenance personnel, as authorized by law (5 U.S.C. 5901–5902), and $15,000 for services as authorized by 5 U.S.C. 3109.</proviso></content> </appropriations> </appropriations> <num value="II">TITLE II</num><heading class="centered">RELATED AGENCIES</heading> <appropriations level="major"><heading>NATIONAL TRANSPORTATION SAFETY BOARD</heading> <appropriations level="intermediate"><heading>Salaries and Expenses</heading> <content>For necessary expenses of the National Transportation Safety Board, $9,450,000.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/778">88 <inline class="smallCaps">Stat.</inline> 778</page> <appropriations level="major"><heading>CIVIL AERONAUTICS BOARD</heading> <appropriations level="intermediate"><heading>Salaries and Expenses</heading> <content>For necessary expenses of the Civil Aeronautics Board, including hire of aircraft; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); and not to exceed $1,000 for official reception and representation expenses, $17,150,000.</content> </appropriations> <appropriations level="intermediate"><heading>Payments to Air Carriers</heading> <content>For payments to air carriers of so much of the compensation fixed and determined by the Civil Aeronautics Board under section 406 of the Federal Aviation Act of 1958 (49 U.S.C. 1376), as is payable by the Board, $67,728,000, to remain available until expended.</content> </appropriations> </appropriations> <appropriations level="major"><heading>INTERSTATE COMMERCE COMMISSION</heading> <appropriations level="intermediate"><heading>Salaries and Expenses</heading> <content>For necessary expenses of the Interstate Commerce Commission, including services as authorized by 5 U.S.C. 3109, $43,000,000, of which $150,000 shall be available for valuation of pipelines: <proviso><i>Provided</i>, That Joint Board members and cooperating State commissioners may use <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s305a">49 USC 305a.</ref></p></sidenote> Government transportation requests when traveling in connection with their duties as such.</proviso></content> </appropriations> </appropriations> <appropriations level="major"><heading>THE PANAMA CANAL</heading> <appropriations level="intermediate"><heading>Canal Zone Government</heading> <appropriations level="small"><heading>operating expenses</heading> <content>For operating expenses necessary for the Canal Zone Government, including operation of the Postal Service of the Canal Zone; hire of passenger motor vehicles; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); expenses incident to conducting hearings on the Isthmus; expenses of special training of employees of the Canal Zone Government as authorized by 5 U.S.C. 4101–4118, contingencies of the Governor, residence for the Governor; medical aid and support of the insane and of lepers and aid and support of indigent persons legally within the Canal Zone, including expenses of their deportation when practicable; and maintaining and altering facilities of other Government agencies in the Canal Zone for Canal Zone Government use, $62,700,000.</content> </appropriations> <appropriations level="small"><heading>capital outlay</heading> <content>For acquisition of land and land under water and acquisition, construction, and replacement of improvements, facilities, structures, and equipment, as authorized by law (2 C.Z. Code, sec. 2; 2 C.Z. Code, sec. 371), including the purchase of not to exceed sixteen passenger motor vehicles of which fourteen are for replacement only; improving facilities of other Government agencies in the Canal Zone for Canal Zone Government use; and expenses incident to the retirement of such assets; $6,000,000, to remain available until expended.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/779">88 <inline class="smallCaps">Stat.</inline> 779</page> <appropriations level="intermediate"><heading>Panama Canal Company</heading> <appropriations level="small"><heading>corporation</heading> <content>The Panama Canal Company is hereby authorized to make such expenditures within the limits of funds and borrowing authority available to it and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation, including maintaining and improving facilities of other Government agencies in the Canal Zone for Panama Canal Company use.</content> </appropriations> <appropriations level="small"><heading>limitation on general and administrative expenses</heading> <content>Not to exceed $23,837,000 of the funds available to the Panama Canal Company shall be available for obligation during the current fiscal year for general and administrative expenses of the Company, including operation of tourist vessels and guide services. Funds available to the Panama Canal Company for obligation shall be available for the purchase of not to exceed twenty-nine passenger motor vehicles, including one medium sedan, for replacement only, and for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901–5902).</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY</heading> <appropriations level="small"><heading>federal contribution</heading> <content>To enable the Department of Transportation to pay the Washington Metropolitan Area Transit Authority, as part of the Federal contribution toward expenses necessary to design, engineer, construct, and equip a rail rapid transit system, as authorized by the National Capital Transportation Act of 1969 (Public Law 91–143) as amended, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/dcc/1/1441">D.C. Code 1–1441</ref> note.</p></sidenote> including acquisition of rights-of-way, land, and interest therein, to remain available until expended, $52,724,000 for the fiscal year 1976, and for the fiscal year 1975, $19,400,000 for the design and construction of facilities for the handicapped as authorized by Public Law 93–87.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t23/s101">23 USC 101</ref> note.</p></sidenote> </appropriations> <appropriations level="small"><heading>interest subsidy</heading> <content>To enable the Department of Transportation to pay the Washington Metropolitan Area Transit Authority the interest subsidy authorized by Public Law 92–349, $17,750,000, to remain available until <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/stat/86/464">86 Stat. 464.</ref></p></sidenote> expended.</content> </appropriations> </appropriations> <num value="III">TITLE III</num><heading class="centered">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"><num value="301"><inline class="smallCaps">Sec.</inline> 301.</num> <content>During the current fiscal year applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; and uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).</content> </section> <page identifier="/us/stat/88/780">88 <inline class="smallCaps">Stat.</inline> 780</page> <section class="firstIndent1 fontsize10"><num value="302"><inline class="smallCaps">Sec.</inline> 302.</num> <content>None of the funds provided in this Act shall be available for administrative expenses in connection with commitments for grants-in-aid for airport development aggregating more than $310,000,000 in fiscal year 1975.</content> </section> <section class="firstIndent1 fontsize10"><num value="303"><inline class="smallCaps">Sec.</inline> 303.</num> <content>None of the funds provided under this Act shall be available for the planning or execution of programs the obligations for which are in excess of $45,000,000 for “Highway Beautification” in fiscal year 1975.</content> </section> <section class="firstIndent1 fontsize10"><num value="304"><inline class="smallCaps">Sec.</inline> 304.</num> <content>None of the funds provided under this Act shall be available for the planning or execution of programs the obligations for which are in excess of $100,000,000 in fiscal year 1975 for “State and Community Highway Safety” and “Highway-Related Safety Grants”.</content> </section> <section class="firstIndent1 fontsize10"><num value="305"><inline class="smallCaps">Sec.</inline> 305.</num> <content>None of the funds provided under this Act shall be available for the planning or execution of programs the obligations for which are in excess of $4,600,000 in fiscal year 1975 for “Territorial Highways”.</content> </section> <section class="firstIndent1 fontsize10"><num value="306"><inline class="smallCaps">Sec.</inline> 306.</num> <content>None of the funds provided in this Act shall be available for administrative expenses in connection with commitments for the Urban Mass Transportation Act of 1964, as amended, aggregating more than $1,445,250,000 in fiscal year 1975.</content> </section> <section class="firstIndent1 fontsize10"><num value="307"><inline class="smallCaps">Sec.</inline> 307.</num> <content>No part of any appropriation contained in this Act shall <sidenote><p class="indent0 firstIndent1 fontsize8">Fiscal year limitation.</p></sidenote> remain available for obligation beyond the current fiscal year unless expressly so provided herein.</content> </section> <section class="firstIndent1 fontsize10"><num value="308"><inline class="smallCaps">Sec.</inline> 308.</num> <content>None of the funds provided under this Act shall be available <sidenote><p class="indent0 firstIndent1 fontsize8">Everglades National Park, Fla.</p> <p class="indent0 firstIndent1 fontsize8">Ecology study.</p></sidenote> for the planning or execution of programs for any further construction of the Miami jetport or of any other air facility in the State of Florida lying south of the Okeechobee Waterway and in the drainage basins contributing water to the Everglades National Park until it has been shown by an appropriate study made jointly by the Department of the Interior and the Department of Transportation that such an airport will not have an adverse environmental effect on the ecology of the Everglades and until any site selected on the basis of such study is approved by the Department of the Interior and the Department of Transportation: <proviso><i>Provided</i>, That nothing in this section shall affect the availability of such funds to carry out this study.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="309"><inline class="smallCaps">Sec.</inline> 309.</num> <content>The Governor of the Canal Zone is authorized to employ services as authorized by 5 U.S.C. 3109, in an amount not exceeding $150,000.</content> </section> <section class="firstIndent1 fontsize10"><num value="310"><inline class="smallCaps">Sec.</inline> 310.</num> <content>Funds appropriated for operating expenses of the Canal Zone Government may be apportioned notwithstanding section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), to the extent necessary to permit payment of such pay increases for officers or employees as may be authorized by administrative action pursuant to law which are not in excess of statutory increases granted for the same period in corresponding rates of compensation for other employees of the Government in comparable positions.</content> </section> <section class="firstIndent1 fontsize10"><num value="311"><inline class="smallCaps">Sec.</inline> 311.</num> <content>Funds appropriated under this Act for expenditure by <sidenote><p class="indent0 firstIndent1 fontsize8">FAA and Coast Guard personnel, dependents’ school expenses.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s241">20 USC 241</ref> note.</p></sidenote> the Federal Aviation Administration and the Coast Guard shall be available (1) for expenses of primary and secondary schooling for dependents of Federal Aviation Administration and Coast Guard personnel stationed outside the continental United States at costs for any <page identifier="/us/stat/88/781">88 <inline class="smallCaps">Stat.</inline> 781</page> given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents and (2) for transportation of said dependents between schools serving the area which they attend and their places of residence when the Secretary, under such regulations as he may prescribe, determines that such schools are not accessible by public means of transportation on a regular basis.</content> </section> <section class="firstIndent1 fontsize10"><num value="312"><inline class="smallCaps">Sec.</inline> 312.</num> <content>Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS–18.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332</ref> note.</p></sidenote></content> </section> <section class="firstIndent1 fontsize10"><num value="313"><inline class="smallCaps">Sec.</inline> 313.</num> <content>None of the funds in this Act shall be available for the implementation or execution of a program in the Department of Transportation to collect fees, charges or prices for approvals, tests, authorizations, certificates, permits, registrations, and ratings which are in excess of the levels in effect on January 1, 1973, or which did not exist as of January 1, 1973, until such program is reviewed and approved by the appropriate committees of the Congress.</content> </section> <section class="firstIndent1 fontsize10"><num value="314"><inline class="smallCaps">Sec.</inline> 314.</num> <content>No part of any appropriation contained in this Act shall <sidenote><p class="indent0 firstIndent1 fontsize8">Space and service charges.</p></sidenote> be available for paying to the Administrator of the General Services Administration in excess of 90 percent of the standard level user charge established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended, for space and services.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s490">40 USC 490.</ref></p></sidenote> </section> <section class="firstIndent1 fontsize10"><num value="315"><inline class="smallCaps">Sec.</inline> 315.</num> <content><p>None of the funds provided under this Act shall be <sidenote><p class="indent0 firstIndent1 fontsize8">Mass transportation facilities.</p></sidenote> available for the purchase of passenger rail or subway cars, for the purchase of motor buses or for the construction of related facilities unless such cars, buses and facilities are designed to meet the mass transportation needs of the elderly and the handicapped.</p> <p class="firstIndent1 fontsize10">This Act may be cited as the “<shortTitle role="act">Department of Transportation and <sidenote><p class="indent0 firstIndent1 fontsize8">Short title.</p></sidenote> Related Agencies Appropriation Act, 1975</shortTitle>”.</p></content> </section>
Approved August 28, 1974.
Public Law 93–392: To authorize appropriations for fiscal year 1975 for carrying out the Board for International Broadcasting Act of 1973. Public Law 392 Public Law 93–392 1974-08-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–392
AN ACT To authorize appropriations for fiscal year 1975 for carrying out the Board for International Broadcasting Act of 1973.

August 28, 1974

[S. 3190]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 8(a)

Board for International Broadcasting.

Appropriation authorization.

 of the Board for International Broadcasting Act of 1973 (22 U.S.C. 2877(a)) is amended— (1) by striking out “$50,209,000 for fiscal year 1974” in the first sentence and inserting in lieu thereof “$49,990,000 for fiscal year 1975, of which not less than $75,000 shall be available solely to initiate broadcasts in the Estonian language and not less than $75,000 shall be available solely to initiate broadcasts in the Latvian language”; and (2) by striking out “fiscal year 1974” in the second sentence and inserting in lieu thereof “fiscal year 1975”.
Approved August 28, 1974.
Public Law 93–393: Making appropriations for public works for water and power development, including the Corps of Engineers—Civil, the Bureau of Reclamation, the Bonneville Power Administration and other power agencies of the Department of the Interior, the Appalachian regional development programs, the Federal Power Commission, the Tennessee Valley Authority, the Atomic Energy Commission, and related independent agencies and commissions for the fiscal year ending June 30, 1975, and for other purposes. Public Law 393 Public Law 93–393 88 Stat. 782 1974-08-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 782 Public Law 93–393
AN ACT Making appropriations for public works for water and power development, including the Corps of Engineers—Civil, the Bureau of Reclamation, the Bonneville Power Administration and other power agencies of the Department of the Interior, the Appalachian regional development programs, the Federal Power Commission, the Tennessee Valley Authority, the Atomic Energy Commission, and related independent agencies and commissions for the fiscal year ending June 30, 1975, and for other purposes.

August 28, 1974

[H. R. 15155]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following

Public Works for Water and Power Development and Atomic Energy Commission Appropriation Act, 1975.

 sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1975, for public works for water and power development, including the Corps of Engineers—Civil, the Bureau of Reclamation, the Bonneville Power Administration and other power agencies of the Department of the Interior, the Appalachian regional development programs, the Federal Power Commission, the Tennessee Valley Authority, the Atomic Energy Commission, and related independent agencies and commissions, and for other purposes, namely: <num value="I">TITLE I—</num><heading class="inline">ATOMIC ENERGY COMMISSION</heading> <appropriations level="intermediate"><heading>Operating Expenses</heading> <content>For necessary operating expenses of the Commission in carrying out the purposes of the Atomic Energy Act of 1954, as amended, including <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2011">42 USC 2011</ref> note.</p></sidenote> the employment of aliens; services authorized by 5 U.S.C. 3109; hire, maintenance, and operation of aircraft; publication and dissemination of atomic information; purchase, repair and cleaning of uniforms; official entertainment expenses (not to exceed $30,000); reimbursement of the General Services Administration for security guard services; hire of passenger motor vehicles; $1,411,960,000 and any moneys (except sums received from disposal of property under the Atomic Energy Community Act of 1955, as amended (42 U.S.C. 2301)) received by the Commission, notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), to remain available until expended: <proviso><i>Provided</i>, That the amount appropriated for “Operating expenses” in the Special Energy Research and Development Appropriation Act, 1975, shall be merged, without limitation, with this <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 278.</p></sidenote> appropriation:</proviso> <proviso><i>Provided further</i>, That from this appropriation transfers of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Plant and Capital Equipment</heading> <content>For expenses of the Commission, as authorized by law, in connection with the purchase and construction of plant and the acquisition of capital equipment and other expenses incidental thereto necessary in carrying out the purposes of the Atomic Energy Act of 1954, as amended, including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; purchase of not to exceed three hundred and ninety-five for replacement only, and hire of passenger motor vehicles; purchase of three for replacement only, and hire of aircraft; $330,705,000 to remain available until expended: <proviso><i>Provided</i>, That the amount appropriated for “Plant and capital equipment” in the Special Energy <page identifier="/us/stat/88/783">88 <inline class="smallCaps">Stat.</inline> 783</page> Research and Development Appropriation Act, 1975, shall be merged, <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 279.</p></sidenote> without limitation, with this appropriation.</proviso></content> </appropriations> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">General Provisions</inline></heading> <num value="101"><inline class="smallCaps">Sec.</inline> 101.</num> <content>Not to exceed 5 per centum of appropriations made available <sidenote><p class="indent0 firstIndent1 fontsize8">Transfer of funds; report to congressional committees.</p></sidenote> for the current fiscal year for “Operating expenses” and “Plant and capital equipment” may be transferred between such appropriations, but neither such appropriation, except as otherwise provided herein, shall be increased by more than 5 per centum by any such transfers, and any such transfers shall be reported promptly to the Appropriations Committees of the House and Senate.</content> </section> <num value="II">TITLE II—</num><heading class="inline">DEPARTMENT OF DEFENSE—CIVIL</heading> <appropriations level="intermediate"><heading>Department of the Army</heading> <subheading>Corps of Engineers—Civil</subheading> <chapeau>The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to rivers and harbors, flood control, beach erosion, and related purposes:</chapeau> <appropriations level="small"><heading>general investigations</heading> <content>For expenses necessary for the collection and study of basic information pertaining to river and harbor, flood control, shore protection, and related projects, residu of authorized projects, and when authorized by law, surveys and studies of projects prior to authorization for construction, $65,284,000, to remain available until expended: <proviso><i>Provided</i>, That $1,490,000 of this appropriation shall be transferred to the United States Fish and Wildlife Service for studies, investigations, and reports thereon as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563–565), to provide that wildlife <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s661">16 USC 661</ref> note.</p></sidenote> conservation shall receive equal consideration and be coordinated with other features of water-resource development programs of the Department of the Army.</proviso></content> </appropriations> <appropriations level="small"><heading>construction, general</heading> <content>For the prosecution of river and harbor, flood control, shore protection, and related projects authorized by law; and detailed studies, and plans and specifications, of projects (including those for development with participation or under consideration for participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such studies shall not constitute a commitment of the Government to construction): $973,681,000, to remain available until expended: <proviso><i>Provided</i>, That no part of this appropriation shall be used for projects not authorized by law or which are authorized by law limiting the amount to be appropriated therefor, except as may be within the limits of the amount now or hereafter authorized to be appropriated:</proviso> <proviso><i>Provided further</i>, That $1,800,000 of this appropriation shall be transferred to the United States Fish and Wildlife Service for studies, investigations, and reports thereon as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563–565) to provide that wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs of the Department of the Army.</proviso></content> </appropriations> <page identifier="/us/stat/88/784">88 <inline class="smallCaps">Stat.</inline> 784</page> <appropriations level="small"><heading>flood control, mississippi river and tributaries</heading> <content>For expenses necessary for prosecuting work of flood control, and rescue work, repair, restoration, or maintenance of flood control projects threatened or destroyed by flood, as authorized by law (33 U.S.C. 702a, 702g–1), $161,948,000, to remain available until expended: <proviso><i>Provided</i>, That not less than $250,000 shall be available for bank stabilization measures as determined by the Chief of Engineers to be advisable for the control of bank erosion of streams in the Yazoo Basin, including the foothill area, and where necessary such measures shall complement similar works planned and constructed by the Soil Conservation Service and be limited to the areas of responsibility mutually agreeable to the District Engineer and the State Conservationist.</proviso></content> </appropriations> <appropriations level="small"><heading>operation and maintenance, general</heading> <content>For expenses necessary for the preservation, operation, maintenance, and care of existing river and harbor, flood control, and related works, including such sums as may be necessary for the maintenance of harbor channels provided by a State, municipality or other public agency, outside of harbor lines, and serving essential needs of general commerce and navigation; administration of laws pertaining to preservation of navigable waters; surveys and charting of northern and northwestern lakes and connecting waters; clearing and straightening channels; and removal of obstructions to navigation; $446,577,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>flood control and coastal emergencies</heading> <content>For expenses necessary for emergency flood control, hurricane, and shore protection activities, as authorized by section 5 of the Flood Control Act, approved August 18, 1941, as amended, $15,000,000, to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t33/s701n">33 USC 701n.</ref></p></sidenote> remain available until expended.</content> </appropriations> <appropriations level="small"><heading>general expenses</heading> <content>For expenses necessary for general administration and related functions in the Office of the Chief of Engineers and offices of the Division Engineers; activities of the Board of Engineers for Rivers and Harbors and the Coastal Engineering Research Center; commercial statistics; and miscellaneous investigations; $38,800,000.</content> </appropriations> <appropriations level="small"><heading>special recreation use fees</heading> <content>For construction, operation, and maintenance of outdoor recreation facilities, including collection of special recreation use fees, to remain available until expended, $700,000, to be derived from the special account established by the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 4601): <proviso><i>Provided</i>, That not more than 40 per centum of the foregoing amount shall be available for the enhancement of the fee collection system established by section 4 of such Act, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l–6a">16 USC 460<i>l</i>–6a.</ref></p></sidenote> including the promotion and enforcement thereof.</proviso></content> </appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content>Appropriations in this title shall be available for expenses of attendance by military personnel at meetings in the manner authorized by 5 U.S.C. 4110, uniforms, and allowances therefor, as authorized by law (5 U.S.C. 5901–5902), and for printing, either during a recess or ses-<page identifier="/us/stat/88/785">88 <inline class="smallCaps">Stat.</inline> 785</page>sion of Congress, of survey reports authorized by law, and such survey reports as may be printed during a recess of Congress shall be printed, with illustrations, as documents of the next succeeding session of Congress; and during the current fiscal year the revolving fund, Corps of Engineers, shall be available for purchase (not to exceed two hundred and forty-three for replacement only), and hire of passenger motor vehicles: <proviso><i>Provided</i>, That the total capital of the revolving fund shall not exceed $228,000,000.</proviso></content> </appropriations> </appropriations> <num value="III">TITLE III—</num><heading class="inline">DEPARTMENT OF THE INTERIOR</heading> <appropriations level="intermediate"><heading>Bureau of Reclamation</heading> <chapeau>For carrying out the functions of the Bureau of Reclamation as provided in the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s371">43 USC 371</ref> and note.</p></sidenote> other Acts applicable to that Bureau, as follows:</chapeau> <appropriations level="small"><heading>general investigations</heading> <content>For engineering and economic investigations of proposed Federal reclamation projects and studies of water conservation and development plans and activities preliminary to the reconstruction, rehabilitation and betterment, financial adjustment, or extension of existing projects, to remain available until expended, $19,427,000: <proviso><i>Provided</i>, That none of this appropriation shall be used for more than one-half of the cost of an investigation requested by a State, municipality, or other interest:</proviso> <proviso><i>Provided further</i>, That $400,000 of this appropriation shall be transferred to the United States Fish and Wildlife Service for studies, investigations, and reports thereon as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563–565) to provide <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s661">16 USC 661</ref> note.</p></sidenote> that wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs of the Bureau of Reclamation.</proviso></content> </appropriations> <appropriations level="small"><heading>construction and rehabilitation</heading> <content>For construction and rehabilitation of authorized reclamation projects or parts thereof (including power transmission facilities) and for other related activities, as authorized by law, to remain available until expended, $244,123,000, of which $115,000,000 shall be derived from the reclamation fund: <proviso><i>Provided</i>, That no part of this appropriation shall be used to initiate the construction of transmission facilities within those areas covered by power wheeling service contracts which include provision for service to Federal establishments and preferred customers, except those transmission facilities for which construction funds have been heretofore appropriated, those facilities which are necessary to carry out the terms of such contracts or those facilities for which the Secretary of the Interior finds the wheeling agency is unable or unwilling to provide for the integration of Federal projects or for service to a Federal establishment or preferred customer:</proviso> <proviso><i>Provided further</i>, That the final point of discharge for the interceptor drain for the San Luis Unit shall not be determined until development by the Secretary of the Interior and the State of California of a plan, which shall conform with the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters.</proviso></content> </appropriations> <page identifier="/us/stat/88/786">88 <inline class="smallCaps">Stat.</inline> 786</page> <appropriations level="small"><heading>upper colorado river storage project</heading> <content>For the Upper Colorado River Storage Project, as authorized by the Act of April 11, 1956, as amended (43 U.S.C. 620d), to remain available until expended, $24,621,000, of which $22,967,000 shall be available <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s620d">43 USC 620d.</ref></p></sidenote> for the “Upper Colorado River Basin Fund” authorized by section 5 of said Act of April 11, 1956, and $1,654,000 shall be available for construction of recreational and fish and wildlife facilities authorized by section 8 thereof, and may be expended by bureaus of the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s620g">43 USC 620g.</ref></p></sidenote> Department through or in cooperation with State or other Federal agencies, and advances to such Federal agencies are hereby authorized: <proviso><i>Provided</i>, That no part of the funds herein approved shall be available for construction or operation of facilities to prevent waters of Lake Powell from entering any national monument.</proviso></content> </appropriations> <appropriations level="small"><heading>colorado river basin project</heading> <content>For advances to the Lower Colorado River Basin Development Fund, as authorized by section 403 of the Act of September 30, 1968 (82 Stat. 894), for the construction, operation, and maintenance of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s1543">43 USC 1543.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s1521">43 USC 1521.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s1523">43 USC 1523.</ref></p></sidenote> projects authorized by title III of said Act, to remain available until expended $55,800,000, of which $32,800,000 is for liquidation of contract authority provided by section 303(b) of said Act.</content> </appropriations> <appropriations level="small"><heading>colorado river basin salinity control projects</heading> <content>For construction, operation and maintenance of projects authorized by the Act of June 24, 1974, Public Law 93–320, to remain available <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 266.</p></sidenote> until expended, $27,650,000.</content> </appropriations> <appropriations level="small"><heading>operation and maintenance</heading> <content>For operation and maintenance of reclamation projects or parts thereof and other facilities, as authorized by law; and for a soil and moisture conservation program on lands under the jurisdiction of the Bureau of Reclamation, pursuant to law, $97,000,000, of which $80,730,000 shall be derived from the reclamation fund and $3,218,000 shall be derived from the Colorado River Dam fund: <proviso><i>Provided</i>, That funds advanced by water users for operation and maintenance of reclamation projects or parts thereof shall be deposited to the credit of this appropriation and may be expended for the same objects and in the same manner as sums appropriated herein may be expended, and the unexpended balances of such advances shall be credited to the appropriation for the next succeeding fiscal year:</proviso> <proviso><i>Provided further</i>, That no part of the funds appropriated herein shall be used directly or indirectly for the operation of the Newlands Reclamation project in the State of Nevada.</proviso></content> </appropriations> <appropriations level="small"><heading>loan program</heading> <content>For loans to irrigation districts and other public agencies for construction of distribution systems on authorized Federal reclamation projects, and for loans and grants to non-Federal agencies for construction of projects, as authorized by the Acts of July 4, 1955, as amended (43 U.S.C. 421a–421d), and August 6, 1956 (43 U.S.C. 422a–422k), as amended, including expenses necessary for carrying out the program, $13,825,000, to remain available until expended: <proviso><i>Provided</i>, That any contract under the Act of July 4, 1955 (69 Stat. 244), as <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s421a">43 USC 421a.</ref></p></sidenote> amended, not yet executed by the Secretary, which calls for the mak-<page identifier="/us/stat/88/787">88 <inline class="smallCaps">Stat.</inline> 787</page>ing of loans beyond the fiscal year in which the contract is entered into shall be made only on the same conditions as those prescribed in section 12 of the Act of August 4, 1939 (53 Stat. 1187, 1197).</proviso><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s388">43 USC 388.</ref></p></sidenote></content> </appropriations> <appropriations level="small"><heading>emergency fund</heading> <content>For an additional amount for the “Emergency fund”, as authorized by the Act of June 26, 1948 (43 U.S.C. 502), to remain available until expended for the purposes specified in said Act, $600,000, to be derived from the reclamation fund.</content> </appropriations> <appropriations level="small"><heading>general administrative expenses</heading> <content>For necessary expenses of general administration and related functions in the offices of the Commissioner of Reclamation and in the regional offices of the Bureau of Reclamation, $20,300,000, to be derived from the reclamation fund and to be nonreimbursable pursuant to the Act of April 19, 1945 (43 U.S.C. 377) : <proviso><i>Provided</i>, That no part of any other appropriation in this Act shall be available for activities or functions budgeted for the current fiscal year as general administrative expenses.</proviso></content> </appropriations> <appropriations level="small"><heading>special funds</heading> <content>Sums herein referred to as being derived from the Reclamation fund, the Colorado River Dam Fund, or the Colorado River development fund, are appropriated from the special funds in the Treasury created by the Act of June 17, 1902 (43 U.S.C. 391), the Act of December 21, 1928 (43 U.S.C. 617a), and the Act of July 19, 1940 (43 U.S.C. 618a) respectively. Such sums shall be transferred, upon request of the Secretary, to be merged with and expended under the heads herein specified; and the unexpended balances of sums transferred for expenditure under the heads “Operation and Maintenance” and “General Administrative Expenses” shall revert and be credited to the special fund from which derived.</content> </appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content><p class="firstIndent1 fontsize10">Appropriations to the Bureau of Reclamation shall be available for purchase of not to exceed thirty-four passenger motor vehicles for replacement only; purchase of one aircraft for replacement only; payment of claims for damages to or loss of property, personal injury, or death arising out of activities of the Bureau of Reclamation; payment, except as otherwise provided for, of compensation and expenses of persons on the rolls of the Bureau of Reclamation appointed as authorized by law to represent the United States in the negotiations and administration of interstate compacts without reimbursement or return under the reclamation laws; rewards for information or evidence <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s371">43 USC 371</ref> and note.</p></sidenote> concerning violations of law involving property under the jurisdiction of the Bureau of Reclamation; performance of the functions specified under the head “Operation and Maintenance Administration”, Bureau of Reclamation, in the Interior Department Appropriation Act, 1945; preparation and dissemination of useful information <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/stat/58/487">58 Stat. 487.</ref></p></sidenote> including recordings, photographs, and photographic prints; and studies of recreational uses of reservoir areas, and investigation and recovery of archeological and paleontological remains in such areas in the same manner as provided for in the Act of August 21, 1935 (16 U.S.C. 461–467) : <proviso><i>Provided</i>, That no part of any appropriation made herein shall be available pursuant to the Act of April 19, 1945 (43 <page identifier="/us/stat/88/788">88 <inline class="smallCaps">Stat.</inline> 788</page> U.S.C. 377), for expenses other than those incurred on behalf of specific reclamation projects except “General Administrative Expenses” and amounts provided for reconnaissance, basin surveys, and general engineering and research under the head “General Investigations”.</proviso></p> <p class="firstIndent1 fontsize10">Sums appropriated herein which are expended in the performance of reimbursable functions of the Bureau of Reclamation shall be returnable to the extent and in the manner provided by law.</p> <p class="firstIndent1 fontsize10">No part of any appropriation for the Bureau of Reclamation, contained in this Act or in any prior Act, which represents amounts earned under the terms of a contract but remaining unpaid, shall be obligated for any other purpose, regardless of when such amounts are to be paid: <proviso><i>Provided</i>, That the incurring of any obligation prohibited by this paragraph shall be deemed a violation of section 3679 of the Revised Statutes, as amended (31 U.S.C. 665).</proviso></p> <p class="firstIndent1 fontsize10">No funds appropriated to the Bureau of Reclamation for operation <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s377a">43 USC 377a.</ref></p></sidenote> and maintenance, except those derived from advances by water users, shall be used for the particular benefits of lands (a) within the boundaries of an irrigation district, (b) of any member of a water users’ organization, or (c) of any individual when such district, organization, or individual is in arrears for more than twelve months in the payment of charges due under a contract entered into with the United States pursuant to laws administered by the Bureau of Reclamation.</p> <p class="firstIndent1 fontsize10">Not to exceed $225,000 may be expended from the appropriation “Construction and Rehabilitation” for work by force account on any one project or Pick-Sloan Missouri Basin Program unit and then only when such work is unsuitable for contract or no acceptable bid has been received and, other than otherwise provided in this paragraph or as may be necessary to meet local emergencies, not to exceed 12 per centum of the construction allotment for any project from the appropriation “Construction and Rehabilitation” contained in this Act, shall be available for construction work by force account: <proviso><i>Provided</i>, That this paragraph shall not apply to work performed under the Rehabilitation and Betterment Act of 1949 (63 Stat. 724).<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s504">43 USC 504</ref> and note.</p></sidenote></proviso></p></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Alaska Power Administration</heading> <appropriations level="small"><heading>general investigations</heading> <content>For engineering and economic investigations to promote the development and utilization of the water, power, and related resources of Alaska, $540,000, to remain available until expended: <proviso><i>Provided</i>, That $10,000 of this appropriation shall be transferred to the United States Fish and Wildlife Service for studies, investigations, and reports thereon, as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563–565).<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s661">16 USC 661</ref> note.</p></sidenote></proviso></content> </appropriations> <appropriations level="small"><heading>operation and maintenance</heading> <content>For necessary expenses of operation and maintenance of projects in Alaska and of marketing electric power and energy, $760,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Bonneville Power Administration</heading> <appropriations level="small"><heading>construction</heading> <content>For construction and acquisition of transmission lines, substations, and appurtenant facilities, as authorized by law, $128,000,000, to remain available until expended: <proviso><i>Provided</i>, That the amount appropri-<page identifier="/us/stat/88/789">88 <inline class="smallCaps">Stat.</inline> 789</page>ated for “Construction” in the Special Energy Research and Development Appropriation Act, 1975, shall be merged, without limitation, <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 279.</p></sidenote> with this appropriation.</proviso></content> </appropriations> <appropriations level="small"><heading>operation and maintenance</heading> <content>For necessary expenses of operation and maintenance of the Bonneville transmission system and of marketing electric power and energy, $38,500,000.</content> </appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content><p class="firstIndent1 fontsize10">Appropriations of the Bonneville Power Administration shall be available to carry out all the duties imposed upon the Administrator pursuant to law. Appropriations made herein to the Bonneville Power Administration shall be available in one fund, except that the appropriation herein made for operation and maintenance shall be available only for the service of the current fiscal year.</p> <p class="firstIndent1 fontsize10">Other than as may be necessary to meet local emergencies, not to exceed 12 per centum of the appropriation for construction herein made for the Bonneville Power Administration shall be available for construction work by force account or on a hired-labor basis.</p></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Southeastern Power Administration</heading> <appropriations level="small"><heading>operation and maintenance</heading> <content>For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, $946,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Southwestern Power Administration</heading> <appropriations level="small"><heading>construction</heading> <content>For construction and acquisition of transmission lines, substations, and appurtenant facilities, and for administrative expenses connected therewith, in carrying out the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, $620,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>operation and maintenance</heading> <content>For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, including purchase of not to exceed one passenger motor vehicle for replacement only, $5,795,000.</content> </appropriations> </appropriations> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">General Provisions—Department of the Interior</inline></heading> <num value="301"><inline class="smallCaps">Sec.</inline> 301.</num> <content>Appropriations in this title shall be available for expenditure <sidenote><p class="indent0 firstIndent1 fontsize8">Facilities, emergency reconstruction.</p></sidenote> or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: <proviso><i>Provided</i>, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted.</proviso></content> </section> <page identifier="/us/stat/88/790">88 <inline class="smallCaps">Stat.</inline> 790</page> <section class="firstIndent1 fontsize10"><num value="302"><inline class="smallCaps">Sec.</inline> 302.</num> <content>The Secretary may authorize the expenditure or transfer <sidenote><p class="indent0 firstIndent1 fontsize8">Forest or range fires.</p></sidenote> (within each bureau or office) of any appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under jurisdiction of the Department of the Interior.</content> </section> <section class="firstIndent1 fontsize10"><num value="303"><inline class="smallCaps">Sec.</inline> 303.</num> <content>Appropriations in this title shall be available for operation <sidenote><p class="indent0 firstIndent1 fontsize8">Service facilities.</p></sidenote> of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency, or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by the Act of June 30, 1932 (31 U.S.C. 686): <proviso><i>Provided</i>, That reimbursements for costs of supplies, materials, and equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="304"><inline class="smallCaps">Sec.</inline> 304.</num> <content>No part of any funds made available by this Act to the <sidenote><p class="indent0 firstIndent1 fontsize8">Southwestern Power Administration.</p></sidenote> Southwestern Power Administration may be made available to any other agency, bureau, or office for any purposes other than for services rendered pursuant to law to the Southwestern Power Administration.</content> </section> <num value="IV">TITLE IV—</num><heading class="inline">INDEPENDENT OFFICES</heading> <appropriations level="intermediate"><heading>Appalachian Regional Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Federal Cochairman and his alternate on the Appalachian Regional Commission and for payment of the Federal share of the administrative expenses of the commission, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $1,740,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Funds Appropriated to the President</heading> <appropriations level="small"><heading>appalachian regional development programs</heading> <content>For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, as amended, except <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s1">40 USC app. 1.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s109">40 USC app. 109.</ref></p></sidenote> expenses authorized by section 105 of said Act, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, to remain available until expended, $298,500,000, of which $160,000,000 shall be available for the Appalachian Development Highway System, but no part of any appropriation in this Act shall be available for expenses in connection with commitments for contracts or grants for the Appalachian Development Highway System in excess of the total amount herein and heretofore appropriated.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Delaware River Basin Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to carry out the functions of the United States member of the Delaware River Basin Commission, as authorized by law (75 Stat. 716), $77,500.</content> </appropriations> <appropriations level="small"><heading>contribution to delaware river basin commission</heading> <content>For payment of the United States share of the current expenses of the Delaware River Basin Commission, as authorized by law (75 Stat. 706, 707), $238,000.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/791">88 <inline class="smallCaps">Stat.</inline> 791</page> <appropriations level="intermediate"><heading>Federal Power Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the work of the Commission, as authorized by law, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, and not to exceed $1,000 for official reception and representation expenses, $32,100,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Interstate Commission on the Potomac River Basin</heading> <appropriations level="small"><heading>contribution to interstate commission on the potomac river basin</heading> <content>To enable the Secretary of the Treasury to pay in advance to the Interstate Commission on the Potomac River Basin the Federal contribution toward the expenses of the Commission during the current fiscal year in the administration of its business in the conservancy district established pursuant to the Act of July 11, 1940 (54 Stat. 748), <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t33/s567b">33 USC 567b.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t33/s567b–1">33 USC 567b–1.</ref></p></sidenote> as amended by the Act of September 25, 1970 (Public Law 91–407), $52,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Susquehanna River Basin Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to carry out the functions of the United States member of the Susquehanna River Basin Commission, as authorized by law (84 Stat. 1541), $77,500.</content> </appropriations> <appropriations level="small"><heading>contribution to susquehanna river basin commission</heading> <content>For payment of the United States share of the current expenses of the Susquehanna River Basin Commission, as authorized by law (84 Stat. 1530, 1531), $150,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Tennessee Valley Authority</heading> <appropriations level="small"><heading>payment to tennessee valley authority fund</heading> <content>For the purpose of carrying out the provisions of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C., ch. 12A), <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s831">16 USC 831.</ref></p></sidenote> including hire, maintenance, and operation of aircraft, and hire of passenger motor vehicles, $77,400,000, to remain available until expended: <proviso><i>Provided</i>, That this appropriation and other funds available to the Tennessee Valley Authority shall be available for the purchase of not to exceed one aircraft for replacement only, and the purchase of not to exceed two hundred and twenty-four passenger motor vehicles for replacement only.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Water Resources Council</heading> <appropriations level="small"><heading>water resources planning</heading> <content>For expenses necessary in carrying out the provisions of the Water Resources Planning Act of 1965 (42 U.S.C. 1962–1962d–3), including services as authorized by 5 U.S.C. 3109, but at rates not to exceed $100 per diem for individuals (42 U.S.C. 1962a–4(5)), and hire of passenger motor vehicles (42 U.S.C. 1962a–4(6)), $9,775,000, to remain available until expended, including $1,242,000, for carrying out the <page identifier="/us/stat/88/792">88 <inline class="smallCaps">Stat.</inline> 792</page> provisions of title I and administering the provisions of titles II, III, and IV of the Act (42 U.S.C. 1962d(b)), $2,183,000, for preparation of assessments and management of plans (42 U.S.C. 1962d(c), $1,350,000, for expenses of river basin commissions under title II of the Act (42 U.S.C. 1962d(a)), and $5,000,000 for grants to States under title III of the Act (42 U.S.C. 1962c(a)): <proviso><i>Provided</i>, That the share of the expenses of any river basin commission borne by the Federal Government pursuant to title II of the Act shall not exceed $250,000 annually for recurring operating expenses, including the salary and expenses of the chairman.</proviso></content> </appropriations> </appropriations> <num value="V">TITLE V—</num><heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"><num value="501"><inline class="smallCaps">Sec.</inline> 501.</num> <content>No part of any appropriation contained in this Act shall <sidenote><p class="indent0 firstIndent1 fontsize8">Fiscal year limitation.</p></sidenote> remain available for obligation beyond the current fiscal year unless expressly so provided herein.</content> </section> <section class="firstIndent1 fontsize10"><num value="502"><inline class="smallCaps">Sec.</inline> 502.</num> <content><p class="firstIndent1 fontsize10">No part of any appropriation contained in this Act shall <sidenote><p class="indent0 firstIndent1 fontsize8">Space and service charges.</p></sidenote> be available for paying to the Administrator of the General Services Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended, for space and services.</p><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s490">40 USC 490.</ref></p></sidenote> <p class="firstIndent1 fontsize10">This Act may be cited as the “<shortTitle role="act">Public Works for Water and Power <sidenote><p class="indent0 firstIndent1 fontsize8">Short title.</p></sidenote> Development and Atomic Energy Commission Appropriation Act, 1975</shortTitle>”.</p></content> </section>
Approved August 28, 1974.
Public Law 93–394: To amend chapter 5, title 37, United States Code, to provide for continuation pay for physicians of the uniformed services in initial residency. Public Law 394 Public Law 93–394 1974-08-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–394
AN ACT To amend chapter 5, title 37, United States Code, to provide for continuation pay for physicians of the uniformed services in initial residency.

August 29, 1974

[H. R. 15936]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the portion of

Uniformed services.

Continuation pay for physicians.

 the first sentence of section 311(a), chapter 5 of title 37, United States Code, preceding clause (1), is amended to read as follows: “(a) Under regulations to be prescribed by the Secretary of Defense or by the Secretary of Health, Education, and Welfare, as appropriate, an officer of the Army or Navy in the Medical Corps above the pay grade of O–6 or such an officer who is below that pay grade who is undergoing initial residency training and who was on active duty on June 1, 1974, an officer of the Air Force who is designated as a medical officer and is above the pay grade of O–6 or such an officer who is below that pay grade who is undergoing initial residency training and who was on active duty on June 1, 1974, a medical officer of the Public Health Service above the pay grade of O–6 or such an officer who is below that pay grade who is undergoing initial residency training and who was on active duty on June 1, 1974, an officer of the Army or Navy in the Dental Corps, an officer of the Air Force who is designated as a dental officer, or a dental officer of the Public Health Service who—”.
Sec. 2. The amendment made by the Act shall be effective June 1,

Effective date.

37 USC 311 note.

 1974.
Approved August 29, 1974.
Public Law 93–395: To amend section 204(g) of the District of Columbia Self-Government and Governmental Reorganization Act, and for other purposes. Public Law 395 Public Law 93–395 88 Stat. 793 1974-08-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 793 Public Law 93–395
AN ACT To amend section 204(g) of the District of Columbia Self-Government and Governmental Reorganization Act, and for other purposes.

August 29, 1974

[H.R. 15791]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the District of

District of Columbia Self-Government and Governmental Reorganization Act, amendments.

D.C. Code 1–121 note.

Repeal.

D.C. Code 36–701 note.

D.C. Code 1–141.

 Columbia Self-Government and Governmental Reorganization Act (84 Stat. 774) is amended as follows: (1) The second sentence of subsection (g) of section 204 of that Act is repealed. (2) Subsection (b) of section 401 of that Act is amended by (A) redesignating paragraph (3) as paragraph (4); and (B) inserting immediately after paragraph (2) the following: “(3) To fill a vacancy in the Office of Chairman, the Board of Elections shall hold a special election in the District on the first Tuesday occurring more than one hundred and fourteen days after the date on which such vacancy occurs, unless the Board of Elections determines that such vacancy could be more practically filled in a special election held on the same day as the next general election to be held in the District occurring within sixty days of the date on which a special election would otherwise have been held under the provisions of this paragraph. The person elected Chairman to fill a vacancy in the Office of Chairman shall take office on the day in which the Board of Elections certifies his election, and shall serve as Chairman only for the remainder of the term during which such vacancy occurred. When the Office of Chairman becomes vacant, the Council shall select one of the elected at-large members of the Council to serve as Chairman and one to serve as Chairman pro tempore until the election of a new Chairman.” (3) The first sentence of section 441 of that Act is amended to read

Fiscal year.

D.C. Code 47–101.

 as follows: “The fiscal year of the District shall, beginning on October 1, 1976, commence on the first day of October of each year and shall end on the thirtieth day of September of the succeeding calendar year.” (4) Paragraph (1) of section 462 of that Act is amended to read as

D.C. Code 47–242.

 follows: “(1) briefly describing each project to be financed by the act;”. (5) The first sentence of section 465 of that Act is amended to

D.C. Code 47–245.

 read as follows: “At the end of the twenty-day period specified in section 464, the Mayor may issue general obligation bonds as authorized

D.C. Code 47–244.

 pursuant to the provisions of sections 461 through 465.” (6) The second sentence of section 466 is amended by striking out

D.C. Code 47–241.

D.C. Code 47–246.

 “Council” and inserting in lieu thereof “Mayor”. (7) Section 502 of that Act is amended to read as follows:

D.C. Code 47–2501d.
“authorization of appropriations “Sec. 502. Notwithstanding any other provision of law, there is authorized to be appropriated as the annual Federal payment to the District of Columbia for the fiscal year ending June 30, 1975, the sum of $230,000,000; for the fiscal year ending June 30, 1976, the sum of $254,000,000; for the fiscal year ending September 30, 1977, the sum of $280,000,000; for the fiscal year ending September 30, 1978, and for each fiscal year thereafter, the sum of $300,000,000. For the period July 1, 1976, through September 30, 1976, there is authorized to be appropriated a Federal payment of $70,000,000.”
 (8) Section 771 of that Act is amended to read as follows:

D.C. Code 1–121 note.

88 Stat. 794
“effective dates “Sec. 771. (a) Titles I and V, and parts A and G, and section 722 of title VII shall take effect on the date of enactment of this Act.

D.C. Code 1–121 note.

 “(b) Sections 712, 713, 714, and 715 of title VII, and section 401(b) of title IV, and title II shall take effect July 1, 1974, except that any provision thereof which in effect transfers authority to appoint any citizen member of the National Capital Planning Commission or the District of Columbia Redevelopment Land Agency shall take effect January 2, 1975. “(c) Titles III and IV, except section 401(b) of title IV, shall take effect January 2, 1975, if title IV is accepted by a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum. “(d) Title VI and parts D and F and sections 711, 716, 717, 718, 719, 721, and 723 of title VII shall take effect only if and upon the date that title IV becomes effective. “(e) Part E of title VII shall take effect on the date on which title IV is accepted by a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum.”
Sec. 2. In addition to other authority delegated to it, and in accordance

Condominium moratorium.

D.C. Code 5–928a.

5 USC app.

D.C. Code 1 app.

 with section 406 of Reorganization Plan Numbered 2 of 1967, the District of Columbia Council is authorized, by regulation, to prohibit the establishment, after the effective date of such regulation, of any horizontal property regime, real estate condominiums project, or other conversion of units in a multiunit structure into a condominium pursuant to the Horizontal Property Act of the District of Columbia (D.C. Code, sec. 5–901 et seq.).
Sec. 3. (a) The first sentence of subsection (e) of section 10 of the

D.C. Code 1–1110.

 District of Columbia Election Act (D.C. Code, sec. 1–1110) is amended by striking out “for members of the Board of Education”. (b) The Board of Elections shall prescribe regulations as it considers

Regulations.

D.C. Code 1–1110 note.

 necessary in order to carry out the purposes of the amendment made by subsection (a), including establishing the filing date for nomination petitions for any elections to be held during November 1974.
Approved August 29, 1974.
Public Law 93–396: To increase the amount authorized to be expended to provide facilities along the border for the enforcement of the customs and immigration laws. Public Law 396 Public Law 93–396 1974-08-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–396
AN ACT To increase the amount authorized to be expended to provide facilities along the border for the enforcement of the customs and immigration laws.

August 29, 1974

[H. R. 10044]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Act

Customs and immigration.

Facilities funds, increase.

 entitled “An Act to provide better facilities for the enforcement of the customs and immigration laws”, approved June 26, 1930, as amended (19 U.S.C. 68), is further amended by striking out “$100,000” and inserting in lieu thereof “$200,000”.
Approved August 29, 1974.
Public Law 93–397: To amend section 8202(a) of title 10, United States Code, to extend for two years the period during which the authorized number for the grades of lieutenant colonel and colonel in the Air Force are increased. Public Law 397 Public Law 93–397 88 Stat. 795 1974-08-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 795 Public Law 93–397
AN ACT To amend section 8202(a) of title 10, United States Code, to extend for two years the period during which the authorized number for the grades of lieutenant colonel and colonel in the Air Force are increased.

August 29, 1974

[H. R. 14402]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That beginning

Armed Forces.

Air Force officers, increases.

10 USC 8202 note.

 with October 1, 1974, through September 30, 1976, the columns under the headings “For colonels” and “For lieutenant colonels” contained in the table in section 8202(a) of title 10, United States Code, are suspended. for such period such columns shall read as follows:
“For colonels For lieutenant colonels
3,395 6,370
3,743 7,552
4,091 8,733
4,440 9,914
4,788 1,095
5,136 12,276
5,484 13,452
5,833 14,638
6,181 15,819
6,528 17,001
6,876 18,162
7,226 19,363
7,573 20,544
7,921 21,726”.
Approved August 29, 1974.
Public Law 93–398: To provide for the reappointment of Doctor William A. M. Burden as citizen regent of the Board of Regents of the Smithsonian Institution. Public Law 398 Public Law 93–398 1974-08-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–398
JOINT RESOLUTION To provide for the reappointment of Doctor William A. M. Burden as citizen regent of the Board of Regents of the Smithsonian Institution.

August 30, 1974

[S. J. Res. 220]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the vacancy in the

Smithsonian Institution.

 Board of Regents of the Smithsonian Institution, of the class other than Members of Congress, which will occur by the expiration of the term of Doctor William A. M. Burden, of New York, New York, on July 2, 1974, be filled by the reappointment of the present incumbent for the statutory term of six years.
Approved August 30, 1974.
Public Law 93–399: To provide for the reappointment of Doctor Caryl P. Haskins as citizen regent of the Board of Regents of the Smithsonian Institution. Public Law 399 Public Law 93–399 1974-08-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–399
JOINT RESOLUTION To provide for the reappointment of Doctor Caryl P. Haskins as citizen regent of the Board of Regents of the Smithsonian Institution.

August 30, 1974

[S. J. Res. 221]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the vacancy in the

Smithsonian Institution.

 Board of Regents of the Smithsonian Institution, of the class other than Members of Congress, which will occur by the expiration of the term of Doctor Caryl P. Haskins of Washington, District of Columbia, on May 30, 1974, be filled by the reappointment of the present incumbent for the statutory term of six years.
Approved August 30, 1974.
Public Law 93–400: To establish an Office of Federal Procurement Policy within the Office of Management and Budget, and for other purposes. Public Law 400 Public Law 93–400 88 Stat. 796 1974-08-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 796 Public Law 93–400
AN ACT To establish an Office of Federal Procurement Policy within the Office of Management and Budget, and for other purposes.

August 30, 1974

[S. 2510]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Office of Federal Procurement Policy Act.

41 USC 401 note.

 be cited as the “Office of Federal Procurement Policy Act”.
declaration of policy Sec. 2. It is declared to be the policy of Congress to promote economy,

41 USC 401.

 efficiency, and effectiveness in the procurement of property and services by and for the executive branch of the Federal Government by— (1) establishing policies, procedures, and practices which will require the Government to acquire property and services of the requisite quality and within the time needed at the lowest reasonable cost, utilizing competitive procurement methods to the maximum extent practicable; (2) improving the quality, efficiency, economy, and performance of Government procurement organizations and personnel; (3) avoiding or eliminating unnecessary overlapping or duplication of procurement and related activities; (4) avoiding or eliminating unnecessary or redundant requirements placed on contractor and Federal procurement officials; (5) identifying gaps, omissions, or inconsistencies in procurement laws, regulations, and directives and in other laws, regulations, and directives, relating to or affecting procurement; (6) achieving greater uniformity and simplicity, whenever appropriate, in procurement procedures; (7) coordinating procurement policies and programs of the several departments and agencies; (8) minimizing possible disruptive effects of Government procurement on particular industries, areas, or occupations; (9) improving understanding of Government procurement laws and policies within the Government and by organizations and individuals doing business with the Government; (10) promoting fair dealing and equitable relationships among the parties in Government contracting; and (11) otherwise promoting economy, efficiency, and effectiveness in Government procurement organizations and operations.
findings and purpose Sec. 3. (a) The Congress finds that economy, efficiency, and effectiveness

41 USC 402.

 in the procurement of property and services by the executive agencies will be improved by establishing an office to exercise responsibility for procurement policies, regulations, procedures, and forms. (b) The purpose of this Act is to establish an Office of Federal Procurement Policy in the Office of Management and Budget to provide overall direction of procurement policies, regulations, procedures, and forms for executive agencies in accordance with applicable laws.
88 Stat. 797
definition Sec. 4. As used in this Act, the term “executive agency” means an

41 USC 403.

 executive department, a military department, and an independent establishment within the meaning of sections 101, 102, and 104(1), respectively, of title 5, United States Code, and also a wholly owned Government corporation within the meaning of section 101 of the Government Corporation Control Act (31 U.S.C. 846).
office of federal procurement policy Sec. 5. (a) There is established in the Office of Management and

Establishment.

41 USC 404.

 Budget an office to be known as the Office of Federal Procurement Policy (hereinafter referred to as the “Office”). (b) There shall be at the head of the Office an Administrator for Federal Procurement Policy (hereinafter referred to as the “Administrator”), who shall be appointed by the President, by and with the advice and consent of the Senate.
authority and functions Sec. 6. (a) The Administrator shall provide overall direction of

41 USC 405.

 procurement policy. To the extent he considers appropriate and with due regard to the program activities of the executive agencies, he shall prescribe policies, regulations, procedures, and forms, which shall be in accordance with applicable laws and shall be followed by executive agencies (1) in the procurement of— (A) property other than real property in being; (B) services, including research and development; and (C) construction, alteration, repair, or maintenance of real property; and (2) in providing for procurement by recipients of Federal grants or assistance of items specified in clauses (A), (B), and (C) of this subsection, to the extent required for performance of Federal grant or assistance programs. (b) Nothing in subsection (a)(2) shall be construed— (1) to permit the Administrator to authorize procurement or supply support, either directly or indirectly, to recipients of Federal grants or assistance; or (2) to authorize any action by recipients contrary to State and local laws, in the case of programs to provide Federal grants or assistance to States and political subdivisions. (c) The authority of the Administrator under this Act shall apply only to procurement payable from appropriated funds: Provided, That the Administrator undertake a study of procurement payable

Procurement study.

Report to President of the Senate and Speaker of the House.

 from nonappropriated funds. The results of the study, together with recommendations for administrative or statutory changes, shall be reported to the President of the Senate and the Speaker of the House of Representatives at the earliest practicable date, but in no event later than two years after the date of enactment of this Act. (d) The functions of the Administrator shall include— (1) establishing a system of coordinated, and to the extent feasible, uniform procurement regulations for the executive agencies; (2) establishing criteria and procedures for an effective and timely method of soliciting the viewpoints of interested parties in the development of procurement policies, regulations, procedures, and forms; 88 Stat. 798 (3) monitoring and revising policies, regulations, procedures, and forms relating to reliance by the Federal Government on the private sector to provide needed property and services; (4) promoting and conducting research in procurement policies, regulations, procedures, and forms; (5) establishing a system for collecting, developing, and disseminating procurement data which takes into account the needs of the Congress, the executive branch, and the private sector; (6) recommending and promoting programs of the Civil Service Commission and executive agencies for recruitment, training, career development, and performance evaluation of procurement personnel. (e) In the development of policies, regulations, procedures, and

Consultation with executive agencies and SBA.

 forms to be authorized or prescribed by him, the Administrator shall consult with the executive agencies affected, including the Small Business Administration and other executive agencies promulgating policies, regulations, procedures, and forms affecting procurement. To the extent feasible, the Administrator may designate an executive agency or agencies, establish interagency committees, or otherwise use agency representatives or personnel, to solicit the views and the agreement, so far as possible, of executive agencies affected on significant changes in policies, regulations, procedures, and forms. (f) The authority of the Administrator under this Act shall not be construed to— (1) impair or interfere with the determination by executive agencies of their need for, or their use of, specific property, services, or construction, including particular specifications therefor; or (2) interfere with the determination by executive agencies of specific actions in the award or administration of procurement contracts. (g) Except as otherwise provided by law, no duties, functions, or

Restriction.

 responsibilities, other than those expressly assigned by this Act, shall be assigned, delegated, or transferred to the Administrator.
administrative powers Sec. 7. Upon the request of the Administrator, each executive agency

41 USC 406.

 is directed to— (1) make its services, personnel, and facilities available to the Office to the greatest practicable extent for the performance of functions under this Act; and (2) except when prohibited by law, furnish to the Administrator and give him access to all information and records in its possession which the Administrator may determine to be necessary for the performance of the functions of the Office.
responsiveness to congress Sec. 8. (a) The Administrator shall keep the Congress and its duly

41 USC 407.

Report to President of the Senate and Speaker of the House.

 authorized committees fully and currently informed of the major activities of the Office of Federal Procurement Policy, and shall submit a report thereon to the President of the Senate and the Speaker of the House of Representatives annually and at such other times as may be necessary for this purpose, together with appropriate legislative recommendations. (b) At least 30 days prior to the effective date of any major policy

Report to congressional committees.

 or regulation prescribed under section 6(a), the Administrator shall 88 Stat. 799 transmit to the Committees on Government Operations of the House of Representatives and of the Senate a detailed report on the proposed policy or regulation. Such report shall include— (1) a full description of the policy or regulation; (2) a summary of the reasons for the issuance of such policy or regulation; and (3) the names and positions of employees of the Office who will be made available, prior to such effective date, for full consultation with such Committees regarding such policy or regulation. (c) In the case of an emergency, the President may waive the notice

Notice requirement waiver, submittal to Congress.

 requirement of subsection (b) by submitting in writing to the Congress his reasons therefor at the earliest practicable date on or before the effective date of any major policy or regulation.
effect on existing laws Sec. 9. The authority of an executive agency under any other law to

41 USC 408.

 prescribe policies, regulations, procedures, and forms for procurement is subject to the authority conferred in section 6 of this Act.
effect on existing regulations Sec. 10. Procurement policies, regulations, procedures, or forms in

41 USC 409.

 effect as of the date of enactment of this Act shall continue in effect, as modified from time to time, until repealed, amended, or superseded by policies, regulations, procedures, or forms promulgated by the Administrator.
authorization of appropriations Sec. 11. There are authorized to be appropriated to carry out the

41 USC 410.

 provisions of this Act, and for no other purpose— (1) not to exceed $2,000,000 for the fiscal year ending June 30, 1975, of which not to exceed $150,000 shall be available for the purpose of research in accordance with section 6(d)(4); and (2) such sums as may be necessary for each of the four fiscal years thereafter. Any subsequent legislation to authorize appropriations to carry out the purposes of this Act shall be referred in the Senate to the Committee on Government Operations.
delegation Sec. 12. (a) The Administrator may delegate, and authorize successive

41 USC 411.

 redelegations of, any authority, function, or power under this Act, other than his basic authority to provide overall direction of Federal procurement policy and to prescribe policies and regulations to carry out that policy, to any other executive agency with the consent of such agency or at the direction of the President. (b) The Administrator may make and authorize such delegations within the Office as he determines to be necessary to carry out the provisions of this Act.
annual pay Sec. 13. Section 5315 of title 5, United States Code, is amended by adding at the end thereof the following: “(100) Administrator for Federal Procurement Policy.”.
88 Stat. 800
access to information Sec. 14. (a) The Administrator and personnel in his Office shall

41 USC 412.

 furnish such information as the Comptroller General may require for the discharge of his responsibilities. For this purpose, the Comptroller General or his representatives shall have access to all books, documents, papers, and records of the Office. (b) The Administrator shall, by regulation, require that formal

Open public meetings, notice.

 meetings of the Office, as designated by him, for the purpose of establishing procurement policies and regulations shall be open to the public, and that public notice of each such meeting shall be given not less than ten days prior thereto.
repeals and amendments Sec. 15. The Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) is amended as follows: (1) Section 201(a)(1) of such Act (40 U.S.C. 481(a)(1)) is amended by inserting “subject to regulations prescribed by the Administrator for Federal Procurement Policy pursuant to the Office of Federal Procurement Policy Act,” immediately after “(1)”. (2) Section 201(c) of such Act (40 U.S.C. 481(c)) is amended by inserting “subject to regulations prescribed by the Administrator for Federal Procurement Policy pursuant to the Office of Federal Procurement Policy Act,” immediately after “Administrator,”. (3) Section 206(a)(4) of such Act (40 U.S.C. 487(a)(4)) is amended to read as follows: “(4) subject to regulations promulgated by the Administrator for Federal Procurement Policy pursuant to the Office of Federal Procurement Policy Act, to prescribe standardized forms and procedures, except such as the Comptroller General is authorized by law to prescribe, and standard purchase specifications.”. (4) Section 602(c) of such Act (40 U.S.C. 474) is amended in the first sentence thereof by inserting “except as provided by the Office of Federal Procurement Policy Act, and” immediately after “herewith,”.
Approved August 30, 1974.
Public Law 93–401: To provide for the appointment of Doctor Murray Gell-Mann as citizen regent of the Board of Regents of the Smithsonian Institution Public Law 401 Public Law 93–401 1974-08-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–401
JOINT RESOLUTION To provide for the appointment of Doctor Murray Gell-Mann as citizen regent of the Board of Regents of the Smithsonian Institution

August 30, 1974

[S. J. Res. 222]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the vacancy in the

Smithsonian Institution.

 Board of Regents of the Smithsonian Institution, of the class other than Members of Congress, which will occur by the expiration of the term of Doctor Crawford H. Greenewalt of Wilmington, Delaware, on May 30, 1974, be filled by the appointment of Doctor Murray Gell-Mann of California for the statutory term of six years.
Approved August 30, 1974.
Public Law 93–402: To establish the Great Dismal Swamp National Wildlife Refuge. Public Law 402 Public Law 93–402 88 Stat. 801 1974-08-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 801 Public Law 93–402
AN ACT To establish the Great Dismal Swamp National Wildlife Refuge.

August 30, 1974

[H.R. 3620]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) there is

Great Dismal Swamp National Wildlife Refuge, Va.-N.C.

16 USC 668dd note.

Description.

 established a national wildlife refuge to be known as the “Great Dismal Swamp National Wildlife Refuge” (hereinafter referred to in this Act as the “Refuge”). The Refuge shall consist of— (1) those lands and waters, comprising forty-nine thousand ninety-seven and eleven one-thousandths acres, of which a 40 per centum undivided interest therein was granted to the United States of America by The Nature Conservancy by deed dated February 22, 1973, and which are more particularly described in exhibit A of the deed, dated February 21, 1973, by which such interest in such lands and waters was granted to The Nature Conservancy by the Union Camp Corporation (and such deeds shall be on file and available for public inspection in the office of the Bureau of Sport Fisheries and Wildlife, Department of the Interior); and (2) such additional lands and waters and interests therein as the Secretary of the Interior (hereinafter referred to in this Act as the “Secretary”) may acquire after the date of the enactment of this Act pursuant to section 3 of this Act. (b) Until such time as the remaining undivided interest in the lands and waters described in subsection (a)(1) of this section is granted to the Secretary, he shall lease such remaining interest on such terms and conditions as he deems appropriate.
Sec. 2. Subject to such restrictions, conditions, and reservations as

Administration.

16 USC 668dd note.

 are specified in the deeds referred to in the first section of this Act, the Secretary shall administer the lands and waters and interests therein within the Refuge in accordance with the provisions of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd–668ee), except that the Secretary may utilize such additional statutory authority as may be available to him for the conservation and management of wildlife and natural resources, the development of outdoor recreation opportunities, and interpretative education as he deems appropriate to carry out the purposes of this Act. In the administration of the Refuge, the Secretary and the Chief of Engineers, Corps of Engineers, shall enter into such consultations and take such cooperative actions as they deem necessary and appropriate to insure that any navigational or other uses made of the Dismal Swamp Canal do not adversely affect the Refuge and, in this regard, particular attention shall be given by the Secretary and the Chief of Engineers with respect to maintaining an appropriate water level in Lake Drummond.
Sec. 3. The Secretary may acquire by donation, purchase with

Lands, waters, acquisition.

16 USC 668dd note.

 donated or appropriated funds, or exchange, such lands and waters and interests therein (including in-holdings) that are adjacent to the 88 Stat. 802 lands and waters described in subsection (a)(1) of the first section of this Act and are within the area known as the Great Dismal Swamp located in the States of Virginia and North Carolina as he determines to be suitable to carry out the purposes of this Act; except that the Secretary may not acquire any such lands and waters and interests therein by purchase or exchange without first taking into account such recommendations as may result from the study required under Public Law 92–478, approved October 9, 1972 (86 Stat. 793–794).
Sec. 4. (a) Except as provided in subsection (b) of this section,

Appropriation, limitations.

16 USC 668dd note.

 there is authorized to be appropriated for the fiscal year ending June 30, 1975, not to exceed $1,000,000; for the fiscal year ending June 30, 1976, not to exceed $3,000,000; and for the fiscal year ending June 30, 1977, not to exceed $3,000,000. (b) In no event shall the amount authorized to be appropriated exceed the cost estimates of the report to be submitted to the Congress by the Secretary pursuant to Public Law 92–478.

86 Stat. 793.
Approved August 30, 1974.
Public Law 93–403: To amend the Natural Gas Pipeline Safety Act of 1968, as amended, to authorize additional appropriations, and for other purposes. Public Law 403 Public Law 93–403 1974-08-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–403
AN ACT To amend the Natural Gas Pipeline Safety Act of 1968, as amended, to authorize additional appropriations, and for other purposes.

August 30, 1974

[H. R. 15205]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Natural Gas Pipeline Safety Act Amendments of 1974.

 be cited as the “Natural Gas Pipeline Safety Act Amendments of 1974”.
Sec. 2. Section 5(c) of the Natural Gas Pipeline Safety Act of 1968

49 USC 1674 note.

 (49 U.S.C. 1674(c)) is amended by renumbering paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting immediately after paragraph (1) the following new paragraph: “(2) Funds authorized to be appropriated by section 15(b) of this

Infra.

 Act shall be allocated among the several States for payments to aid in the conduct of pipeline safety programs in accordance with paragraph (1) of this section.”.
Sec. 3. Section 15 of such Act (49 U.S.C. 1684) is amended to read as follows:
“appropriations authorized “Sec. 15. (a) There are authorized to be appropriated $2,000,000 for the fiscal year ending June 30, 1975, and $2,850,000 for the fiscal year ending June 30, 1976, for the purpose of carrying out the provisions of this Act, except that the funds appropriated pursuant to this subsection shall not be used for Federal grants-in-aid. “(b) For the purpose of carrying out the provisions of section 5(c)

Supra.

 of this Act, there are authorized to be appropriated for Federal grants-in-aid, $1,800,000 for the fiscal year ending June 30, 1975, and $2,500,000 for the fiscal year ending June 30, 1976.”.
Approved August 30, 1974.
Public Law 93–404: Making appropriations for the Department of the Interior and related agencies for the fiscal year ending June 30, 1975, and for other purposes. Public Law 404 Public Law 93–404 88 Stat. 803 1974-08-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 803 Public Law 93–404
AN ACT Making appropriations for the Department of the Interior and related agencies for the fiscal year ending June 30, 1975, and for other purposes.

August 31, 1974

[H.R. 16027]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following

Department of the Interior and Related Agencies Appropriation Act, 1975.

 sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of the Interior and related agencies for the fiscal year ending June 30, 1975, and for other purposes, namely: <num value="I">TITLE I—</num><heading class="inline">DEPARTMENT OF THE INTERIOR</heading> <appropriations level="major"><heading>LAND AND WATER RESOURCES</heading> <appropriations level="intermediate"><heading>Bureau of Land Management</heading> <appropriations level="small"><heading>management of lands and resources</heading> <content>For expenses necessary for protection, use, improvement, development, disposal, cadastral surveying, classification, and performance of other functions, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, $141,096,000.</content> </appropriations> <appropriations level="small"><heading>construction and maintenance</heading> <content>For acquisition, construction and maintenance of buildings, appurtenant facilities, and other improvements, and maintenance of access roads, $6,725,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>public lands development roads and trails (liquidation of contract authority)</heading> <content>For liquidation of obligations incurred pursuant to authority contained in title 23, United States Code, section 203, $4,070,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>oregon and california grant lands</heading> <content>For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of rights-of-way and of existing connecting roads on or adjacent to such lands; an amount equivalent to 25 per centum of the aggregate of all receipts during the current fiscal year from the revested Oregon and California Railroad grant lands, to remain available until expended: <proviso><i>Provided</i>, That the amount appropriated herein for the purposes of this appropriation on lands administered by the Forest Service shall be transferred to the Forest Service, Department of Agriculture:</proviso> <proviso><i>Provided further</i>, That the amount appropriated herein for road construction on lands other than those administered by the Forest Service shall be transferred to the Federal Highway Administration, Department of Transportation:</proviso> <proviso><i>Provided further</i>, That the amount appropriated herein is hereby made a reimbursable charge against the Oregon and California land grant <page identifier="/us/stat/88/804">88 <inline class="smallCaps">Stat.</inline> 804</page> fund and shall be reimbursed to the general fund in the Treasury in accordance with the provisions of the second paragraph of subsection (b) of title II of the Act of August 28, 1937 (50 Stat. 876).<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s1181f">43 USC 1181f.</ref></p></sidenote></proviso></content> </appropriations> <appropriations level="small"><heading>range improvements</heading> <content>For construction, purchase, and maintenance of range improvements pursuant to the provisions of section 3 and 10 of the Act of June 28, 1934, as amended (43 U.S.C. 315), sums equal to the aggregate of all <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s315b/s315i">43 USC 315b, 315i.</ref></p></sidenote> moneys received, during the current fiscal year, as range improvements fees under section 3 of said Act, 25 per centum of all moneys received, during the current fiscal year, under section 15 of said Act, and the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s315m">43 USC 315m.</ref></p></sidenote> amount designated for range improvements from grazing fees from Bankhead-Jones lands transferred to the Department of the Interior pursuant to law, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>recreation development and operation of recreation facilities</heading> <content>For construction, operation, and maintenance of outdoor recreation facilities, including collection of special recreation use fees, to remain available until expended, $242,000, to be derived from the special receipt accounts established by section 1 (b) of the Act of July 15, 1968 (82 Stat. 354), and section 4 (e) of the Act of July 11, 1972 (86 Stat. <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l–5">16 USC 460<i>l</i>–5</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l–6a">16 USC 460<i>l</i>–6a.</ref></p></sidenote> 461): <proviso><i>Provided</i>, That not more than 40 per centum of the amount credited pursuant to section 4 (e) of the Act of July 11, 1972, shall be available for the enhancement of the fee collection system established by section 4 of such Act, including the promotion and enforcement thereof.</proviso></content> </appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content>Appropriations for the Bureau of Land Management shall be available for acquisition of two new aircraft for replacement only; purchase, erection, and dismantlement of temporary structures; and alteration and maintenance of necessary buildings and appurtenant facilities to which the United States has title: <proviso><i>Provided</i>, That of appropriations herein made for the Bureau of Land Management expenditures in connection with the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant lands (other than expenditures made under the appropriation “Oregon and California grant lands”) shall be reimbursed to the general fund of the Treasury from the 25 per centum referred to in subsection (c), title II, of the Act approved August 28, 1937 (50 Stat. 876), of the special fund designated the “Oregon and California land grant fund”and section 4 of the Act approved May 24, 1939 (53 Stat. 754), of the special fund designated the “Coos Bay Wagon Road grant fund”:</proviso> <proviso><i>Provided further</i>, That appropriations herein made may be expended on a reimbursable basis for (1) surveys of lands other than those under the jurisdiction of the Bureau of Land Management and (2) protection and leasing of lands and mineral resources for the State of Alaska.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Office of Water Resources Research</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary in carrying out the provisions of the Water Resources Research Act of 1964, as amended (42 U.S.C. 1961 –1961c–7), $13,885,000, of which not to exceed $1,045,000 shall be available for administrative expenses.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/805">88 <inline class="smallCaps">Stat.</inline> 805</page> <appropriations level="intermediate"><heading>Office of Saline Water</heading> <appropriations level="small"><heading>saline water conversion</heading> <content>For expenses necessary to carry out the provisions of the Saline Water Conversion Act of 1971 (42 U.S.C. 1959–1959h, as amended), including not to exceed $1,043,000 for administration and coordination expenses during the current fiscal year, $3,007,000, to remain available until expended.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>FISH AND WILDLIFE AND PARKS</heading> <appropriations level="intermediate"><heading>Bureau of Outdoor Recreation</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Bureau of Outdoor Recreation, not otherwise provided for, $5,210,000.</content> </appropriations> <appropriations level="small"><heading>land and water conservation fund</heading> <content>For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965 as amended (16 U.S.C. 4601–4–11 as supplemented by Public Law 93–81), including $6,400,000 for administrative expenses of the Bureau of Outdoor Recreation during the current fiscal year, and acquisition of land or waters, or interest therein, in accordance with the statutory authority applicable to the State or Federal agency concerned, to be derived from the Land and Water Conservation Fund, established by section 2 of said Act <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l–5">16 USC 460<i>l</i>–5.</ref></p></sidenote> as amended, to remain available until expended, not to exceed $300,000,000, of which (1) not to exceed $180,000,000 shall be available for payments to the States in accordance with section 6(c) of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l–8">16 USC 460<i>l</i>–8.</ref></p></sidenote> said Act; (2) not to exceed $72,700,000 shall be available to the National Park Service; (3) not to exceed $30,900,000 shall be available to the Forest Service; (4) not to exceed $9,500,000 shall be available to the United States Fish and Wildlife Service; and (5) not to exceed $500,000 shall be available to the Bureau of Land Management.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>United States Fish and Wildlife Service</heading> <appropriations level="small"><heading>resource management</heading> <content>For expenses necessary for scientific and economic studies, conservation, management, investigations, protection, and utilization of sport fishery and wildlife resources, except whales, seals, and sea lions, and for the performance of other authorized functions related to such resources; and maintenance of the herd of long-horned cattle on the Wichita Mountains Wildlife Refuge, $101,126,000.</content> </appropriations> <appropriations level="small"><heading>construction and anadromous fish</heading> <content>For construction and acquisition of buildings and other facilities required in the conservation, management, investigations, protection, and utilization of sport fishery and wildlife resources, and the acquisition of lands and interests therein; and for expenses necessary to carry out the Anadromous Fish Conservation Act (16 U.S.C. 757a–757f); $14,047,000, to remain available until expended.</content> </appropriations> <page identifier="/us/stat/88/806">88 <inline class="smallCaps">Stat.</inline> 806</page> <appropriations level="small"><heading>migratory bird conservation account</heading> <content>For an advance to the migratory bird conservation account, as authorized by the Act of October 4, 1971, as amended (16 U.S.C. 715k–3, 5; 81 Stat. 612), $1,000,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content>Appropriations and funds available to the United States Fish and Wildlife Service shall be available for purchase of not to exceed one hundred and sixty-six passenger motor vehicles, of which one hundred and sixteen are for replacement only (including sixty for police-type use); purchase of not to exceed three aircraft, for replacement only; not to exceed $50,000 for payment, in the discretion of the Secretary, for information or evidence concerning violations of laws administered by the United States Fish and Wildlife Service; miscellaneous and emergency expenses of enforcement activities, authorized or approved by the Secretary and to be accounted for solely on his certificate, not to exceed $40,000; publication and distribution of bulletins as authorized by law (7 U.S.C. 417); rations or commutation of rations for officers and crews of vessels at rates not to exceed $6.50 per man per day; insurance on official motor vehicles, aircraft and boats operated by the United States Fish and Wildlife Service in foreign countries; repair of damage to public roads within and adjacent to reservation areas caused by operations of the United States Fish and Wildlife Service; options for the purchase of land at not to exceed $1 for each option; facilities incident to such public recreational uses on conservation areas as are not inconsistent with their primary purpose, and the maintenance and improvement of aquaria, buildings and other facilities under the jurisdiction of the United States Fish and Wildlife Service and to which the United States has title, and which are utilized pursuant to law in connection with management and investigation of fish and wildlife resources.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>National Park Service</heading> <appropriations level="small"><heading>operation of the national park system</heading> <content>For expenses necessary for the management, operation, and maintenance of areas and facilities administered by the National Park Service (including special road maintenance service to trucking permittees on a reimbursable basis), $209,325,000.</content> </appropriations> <appropriations level="small"><heading>planning and construction</heading> <content>For construction, improvements, repair or replacement of physical facilities, without regard to the Act of August 24, 1912, as amended (16 U.S.C. 451); the acquisition of water rights; expenses necessary for investigations and studies to determine suitability of areas to be included in the National Park System, the designation of wilderness areas, and the management of water resources; the preparation of plans for existing and proposed park and recreation areas; provisions of technical assistance to other Federal agencies, and to States and private institutions in the planning, development, and operation of landmarks, parks and recreation areas; and for financial or other assistance in planning, development, or operation of areas as authorized by law or pursuant to agreements with other Federal agencies, States, or private institutions, including not to exceed $196,300 for the Roose-<page identifier="/us/stat/88/807">88 <inline class="smallCaps">Stat.</inline> 807</page>velt Campobello International Park Commission, $58,112,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>road construction (liquidation of contract authority)</heading> <content>For liquidation of obligations incurred pursuant to authority contained in title 23, United States Code, section 203, $26,026,000, to remain available until expended: <proviso><i>Provided</i>, That none of the funds herein provided shall be expended for planning or construction on the following: Fort Washington and Greenbelt Park, Maryland, and Great Falls Park, Virginia, except minor roads and trails; and Daingerfield Island Marina, Virginia, and extension of the George Washington Memorial Parkway from the vicinity of Brickyard Road to Great Falls, Maryland, or in Prince Georges County, Maryland.</proviso></content> </appropriations> <appropriations level="small"><heading>preservation of historic properties</heading> <content>For expenses necessary in carrying out a program for the preservation of additional historic properties throughout the Nation, as authorized by law (16 U.S.C. 461–467, 470), and investigations, studies, and salvage of archeological values, $24,375,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>planning, development and operation of recreation facilities</heading> <content>For construction, operation, and maintenance of outdoor recreation facilities, without regard to the Act of August 24, 1912, as amended (16 U.S.C. 451); including collection of special recreation use fees, to remain available until expended, $11,900,000, to be derived from the special receipt accounts established by section 1(b) of the Act of July 15, 1968 (82 Stat. 354), and section 4(e) of the Act of July 11, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l–5">16 USC 460<i>l</i>–5</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l–6a">16 USC 460<i>l</i>–6a.</ref></p></sidenote> 1972 (86 Stat. 461): <proviso><i>Provided</i>, That not more than 40 per centum of the amount credited pursuant to section 4(e) of the Act of July 11, 1972, shall be available for the enhancement of the fee collection system established by section 4 of such Act, including the promotion and enforcement thereof.</proviso></content> </appropriations> <appropriations level="small"><heading>john f. kennedy center for the performing arts</heading> <content>For expenses necessary for operating and maintaining the nonperforming arts functions of the John F. Kennedy Center for the Performing Arts, $2,420,000.</content> </appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content>Appropriations for the National Park Service shall be available for the purchase of not to exceed one hundred sixty-seven passenger motor vehicles, of which one hundred twelve shall be for replacement only, including not to exceed one hundred four for police-type use; purchase of four aircraft (including two for replacement only); and to provide, notwithstanding any other provision of law, at a cost not exceeding $100,000, transportation for children in nearby communities to and from any unit of the National Park System used in connection with organized recreation and interpretive programs of the National Park Service: <proviso><i>Provided</i>, That any funds available to the National Park Service may be used, with the approval of the Secretary, to maintain law and order in emergency and other unforeseen law enforcement situations in the National Park System.</proviso></content> </appropriations> </appropriations> </appropriations> <page identifier="/us/stat/88/808">88 <inline class="smallCaps">Stat.</inline> 808</page> <appropriations level="major"><heading>ENERGY AND MINERALS</heading> <appropriations level="intermediate"><heading>Geological Survey</heading> <appropriations level="small"><heading>surveys, investigations, and research</heading> <content>For expenses necessary for the Geological Survey to perform surveys, investigations, and research covering topography, geology, and the mineral and water resources of the United States, its Territories and possessions, and other areas as authorized by law (72 Stat. 837 and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s1457/s31">43 USC 1457 note, 31.</ref></p></sidenote> 76 Stat. 427); classify lands as to mineral character and water and power resources; give engineering supervision to power permits and Federal Power Commission licenses; enforce departmental regulations applicable to oil, gas, and other mining leases, permits, licenses, and operating contracts; control the interstate shipment of contraband oil as required by law (15 U.S.C. 715); administer the minerals exploration program (30 U.S.C. 641); and publish and disseminate data relative to the foregoing activities; $203,575,000, of which $26,015,000 shall be available only for cooperation with States or municipalities for water resources investigations: <proviso><i>Provided</i>, That no part of this <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s50">43 USC 50.</ref></p></sidenote> appropriation shall be used to pay more than one-half the cost of any topographic mapping or water resources investigations carried on in cooperation with any State or municipality:</proviso> <proviso><i>Provided further</i>, That the amount appropriated for “Surveys, investigations, and research”in the Special Energy Research and Development Appropriation Act, 1975, shall be merged, without limitation, with this appropriation.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 276.</p></sidenote></proviso></content> </appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content>The amount appropriated for the Geological Survey shall be available for purchase of not to exceed thirty-two passenger motor vehicles, for replacement only; reimbursement to the General Services Administration for security guard services, contracting for the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; acquisition of lands for gaging stations and observation wells; expenses of the U.S. National Committee on Geology; payment of contributions to the International Federation of Surveyors; and payment of compensation and expenses of persons on the rolls of the Geological Survey appointed, as authorized by law, to represent the United States in the negotiation and administration of interstate compacts.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Mining Enforcement and Safety Administration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to promote health and safety in mines and in the minerals industry through development, promulgation and enforcement of regulations, including mine inspections, technical support, and education and training as authorized by law, $67,913,000, of which not to exceed $1,000,000 shall remain available until expended: <proviso><i>Provided</i>, That no part of the funds appropriated by this Act shall be used to pay any public relations firm for any promotional campaigns among coal miners.</proviso></content> </appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content>Appropriations and funds available to the Mining Enforcement and Safety Administration may be expended for purchase and <page identifier="/us/stat/88/809">88 <inline class="smallCaps">Stat.</inline> 809</page> bestowal of certificates and trophies in connection with mine rescue and first-aid work: <proviso><i>Provided</i>, That the Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private:</proviso> <proviso><i>Provided further</i>, That the Mining Enforcement and Safety Administration is authorized to promote health and safety education and training in the mining community through cooperative programs with States, industry, and safety associations:</proviso> <proviso><i>Provided further</i>, That any funds available to the Department may be used, with the approval of the Secretary, to provide for the costs of mine rescue and survival operations in the event of major mine disasters.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Bureau of Mines</heading> <appropriations level="small"><heading>mines and minerals</heading> <content>For expenses necessary for conducting inquiries, technological investigations and research concerning the extraction, processing, use and disposal of mineral substances without objectionable social and environmental costs; to foster and encourage private enterprise in the development of mineral resources and the prevention of waste in the mining, minerals, metal and mineral reclamation industries; to inquire into the economic conditions affecting those industries; to promote health and safety in mines and the mineral industry through research; and for other related purposes as authorized by law; $77,863,000, of which $27,691,000 shall remain available until expended: <proviso><i>Provided</i>, That the amount appropriated for “Mines and minerals”in the Special Energy Research and Development Appropriation Act, 1975, shall be merged, without limitation, with this <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 276.</p></sidenote> appropriation.</proviso></content> </appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content>The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private: <proviso><i>Provided</i>, That the Bureau of Mines is authorized during the current fiscal year, to sell directly or through any Government agency, including corporations, any metal or mineral product that may be manufactured in pilot plants operated by the Bureau of Mines, and the proceeds of such sales shall be covered into the Treasury as miscellaneous receipts.</proviso></content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>INDIAN AFFAIRS</heading> <appropriations level="intermediate"><heading>Bureau of Indian Affairs</heading> <appropriations level="small"><heading>operation of indian programs</heading> <content>For expenses necessary to provide education and welfare services for Indians, either directly or in cooperation with States and other organizations, including payment (in advance or from date of admission), of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, or schools; grants and other assistance to needy Indians; maintenance of law and order, and payment of rewards for information or evidence concerning violations of law on Indian reservations lands, or treaty fishing rights tribal use areas; management, development, improvement, and protection of resources and appurtenant facilities under the jurisdiction of the Bureau of Indian Affairs, including payment of irrigation assessments and charges; acquisition of water rights; advances for Indian industrial and busi-<page identifier="/us/stat/88/810">88 <inline class="smallCaps">Stat.</inline> 810</page>ness enterprises; operation of Indian arts and crafts shops and museums; development of Indian arts and crafts, as authorized by law; and for the general administration of the Bureau of Indian Affairs, including such expenses in field offices, $467,000,000: <proviso><i>Provided</i>, That $470,000 shall be available to assist the Pyramid Lake Paiute Tribe of Indians in the operation and maintenance of facilities for the restoration of the Pyramid Lake fishery pursuant to the Washoe Act (43 U.S.C. 614).</proviso></content> </appropriations> <appropriations level="small"><heading>construction</heading> <content>For construction, major repair and improvement of irrigation and power systems, buildings, utilities, and other facilities; acquisition of lands and interests in lands; preparation of lands for farming; and architectural and engineering services by contract, $61,804,000, to remain available until expended: <proviso><i>Provided</i>, That no part of the sum herein appropriated shall be used for the acquisition of land within the States of Arizona, California, Colorado, New Mexico, South Dakota, and Utah outside of the boundaries of existing Indian reservations except lands authorized by law to be acquired for the Navajo Indian Irrigation Project:</proviso> <proviso><i>Provided further</i>, That no part of this appropriation shall be used for the acquisition of land or water rights within the States of Nevada, Oregon, and Washington either inside or outside the boundaries of existing reservations except such lands as may be required for replacement of the Wild Horse Dam in the State of Nevada:</proviso> <proviso><i>Provided further</i>, That such amounts as may be available for the construction of the Navajo Indian Irrigation Project may be transferred to the Bureau of Reclamation:</proviso> <proviso><i>Provided further</i>, That the unobligated balance of $10,300,000 previously appropriated for Mt. Edgecumbe School and four Regional Dormitories in Alaska shall be made available for the construction of Chevak, Northway, Hooper Bay, Galena, and Alakamuk Schools, Alaska:</proviso> <proviso><i>Provided further</i>, That not to exceed $100,000 appropriated under this head in the Department of the Interior and Related Agencies Appropriation Act, 1974, to the Edgar, Montana, Public School District No. 4, shall be made available to the newly established Plenty Coups High School District No. 3, Big Horn County, Pryor, Montana:</proviso> <proviso><i>Provided further</i>, That $580,000 shall be available to assist the Pyramid Lake Paiute Tribe of Indians in the construction of facilities for the restoration of the Pyramid Lake fishery pursuant to the Washoe Act (43 U.S.C. 614):</proviso> <proviso><i>Provided further</i>, That not to exceed $100,000 shall be for assistance to the Rough Rock School on the Navajo Indian Reservation, Arizona, for equipment:</proviso> <proviso><i>Provided further</i>, That not to exceed $1,195,000 shall be available to assist the Ramah-Navajo School Board, Inc., including not to exceed $800,000 for construction of school facilities and not to exceed $395,000 for purchase of school equipment:</proviso> <proviso><i>Provided further</i>, That not to exceed $100,000 shall be available to assist the Heart Butte School, Blackfeet School District No. 1, Montana, for planning for construction of school facilities; that not to exceed $145,000 shall be available to assist the Hays/Lodgepole School District No. 50, Hays, Montana, for planning for construction of school facilities; and that not to exceed $218,000 shall be available to assist Joint School District No. 8, Shawano, Wisconsin for planning and construction of school facilities at Keshena and planning of facilities at Neopit; and that not to exceed $1,350,000 shall be available to assist the Ute Indian Tribe of the Uintah and Ouray Reservation, Utah, for development and construction of the Big Springs Domestic Water System.</proviso></content> </appropriations> <page identifier="/us/stat/88/811">88 <inline class="smallCaps">Stat.</inline> 811</page> <appropriations level="small"><heading>road construction (liquidation of contract authority)</heading> <content>For liquidation of obligations incurred pursuant to authority contained in title 23, United States Code, section 203, $59,000,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>indian loan guaranty and insurance fund</heading> <content>For payment to the loan guaranty and insurance fund as authorized by the Indian Financing Act of 1974, Public Law 93–262, title III, section 302, to carry out the provisions of sections 217 and 301 of the above Act to (a) provide capital for a loan guaranty and insurance <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 82.</p></sidenote> fund, (b) pay interest subsidy on guaranteed loans, and (c) pay administrative expenses, $20,000,000, to remain available until expended: <proviso><i>Provided</i>, That for the purpose of entering into contracts pursuant to title V, section 502 of the above Act, the Secretary is <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 83.</p></sidenote> authorized to use not to exceed 5 per centum of any funds appropriated for any fiscal year pursuant to title III, section 302 of the above Act.</proviso></content> </appropriations> <appropriations level="small"><heading>revolving fund for loans</heading> <content>For payment to the revolving fund for loans, for loans as authorized by the Indian Financing Act of 1974, Public Law 93–262, title I, section 101, $38,000,000, to remain available until expended.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 78.</p></sidenote></content> </appropriations> <appropriations level="small"><heading>alaska native fund</heading> <content>To provide for the settlement of certain land claims by Natives and Native groups of Alaska, and for other purposes, based on aboriginal land claims, as authorized by the Act of December 18, 1971 (Public Law 92–203), $70,000,000.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s1601">43 USC 1601.</ref></p></sidenote></content> </appropriations> <appropriations level="small"><heading>miscellaneous trust funds</heading> <content>In addition to the tribal funds authorized to be expended by existing law, there is hereby appropriated $3,000,000 from tribal funds not otherwise available for expenditure for the benefit of Indians and Indian tribes, including pay and travel expenses of employees; care, tuition, and other assistance to Indian children attending public and private schools (which may be paid in advance or from date of admission); purchase of land and improvements on land, title to which shall be taken in the name of the United States in trust for the tribe for which purchased; lease of lands and water rights; compensation and expenses of attorneys and other persons employed by Indian tribes under approved contracts; pay, travel, and other expenses of tribal officers, councils, and committees thereof, or other tribal organizations, including mileage for use of privately owned automobiles and per diem in lieu of subsistence at rates established administratively but not to exceed those applicable to civilian employees of the Government; relief of Indians, without regard to section 7 of the Act of May 27, 1930 (46 Stat. 391) including cash grants: <proviso><i>Provided</i>, That in <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t18/s4124">18 USC 4124</ref> and note.</p></sidenote> addition to the amount appropriated herein, tribal funds may be advanced to Indian tribes during the current fiscal year for such purposes as may be designated by the governing body of the particular tribe involved and approved by the Secretary:</proviso> <proviso><i>Provided, however</i>, That no part of this appropriation or other tribal funds shall be used for the acquisition of land or water rights within the States of Nevada and Oregon, either inside or outside the boundaries of existing Indian reservations, if such acquisition results in the property being exempted from local taxation.</proviso></content> </appropriations> <page identifier="/us/stat/88/812">88 <inline class="smallCaps">Stat.</inline> 812</page> <appropriations level="small"><heading>administrative provisions</heading> <content>Appropriations for the Bureau of Indian Affairs (except the revolving fund for loans) shall be available for expenses of exhibits; purchase of not to exceed seventy-three police-type passenger motor vehicles of which sixty-three shall be for replacement only, which may be used for the transportation of Indians; advance payments for service (including services which may extend beyond the current fiscal year) under contracts executed pursuant to the Act of June 4, 1936 (25 U.S.C. 452), the Act of August 3, 1956 (70 Stat. 986), and legislation <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s309">25 USC 309.</ref></p></sidenote> terminating Federal supervision over certain Indian tribes; and expenses required by continuing or permanent treaty provisions.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>TERRITORIAL AFFAIRS</heading> <appropriations level="intermediate"><heading>Office of Territorial Affairs</heading> <appropriations level="small"><heading>administration of territories</heading> <content>For expenses necessary for the administration of Territories under the jurisdiction of the Department of the Interior, including expenses of the Office of the Governor of American Samoa, as authorized by law (48 U.S.C. 1661(c)); compensation and mileage of members of the legislature in American Samoa as authorized by law (48 U.S.C. 1661(c)); compensation and expenses of the judiciary in American Samoa, as authorized by law (48 U.S.C. 1661(c)); grants to American Samoa, in addition to current local revenues, for support of governmental functions; grants to Guam, as authorized by law (48 U.S.C. 1428–1428e); and personal services, household equipment and furnishings, and utilities necessary in the operation of the house of the Governor of American Samoa; $14,450,000, together with $875,000 for expenses of the office of the Government Comptroller for the Virgin Islands to be derived from “Internal Revenue Collections for Virgin Islands”, as authorized by law (48 U.S.C. 1599(a)) and $625,000 for expenses of the office of the Government Comptroller for Guam to be derived from duties and taxes which would otherwise be covered into the Treasury of Guam, as authorized by law (48 U.S.C. 1422d (a)), to remain available until expended: <proviso><i>Provided</i>, That the Territorial <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s1401f/s1423l/s1665">43 USC 1401f, 1423<i>l</i>, 1665.</ref></p></sidenote> and local government herein provided for are authorized to make purchases through the General Services Administration:</proviso> <proviso><i>Provided further</i>, That appropriations available for the administration <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t48/s1470a">48 USC 1470a.</ref></p></sidenote> of Territories may be expended for the purchase, charter, maintenance, and operation of surface vessels for official purposes and for commercial transportation purposes found by the Secretary to be necessary.</proviso></content> </appropriations> <appropriations level="small"><heading>trust territory of the pacific islands</heading> <content>For expenses necessary for the Department of the Interior in administration of the Trust Territory of the Pacific Islands pursuant to the Trusteeship Agreement approved by joint resolution of July 18, 1947 (61 Stat. 397), and the Act of June 30, 1954 (68 Stat. 330), as <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t22/s287">22 USC 287</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t48/s1681">48 USC 1681</ref> note.</p></sidenote> amended (84 Stat. 1559), including the expenses of the High Commissioner of the Trust Territory of the Pacific Islands; compensation and expenses of the Judiciary of the Trust Territory of the Pacific Islands; grants to the Trust Territory of the Pacific Islands in addition to local revenues, for support of governmental functions, and payment to the Trust Territory Economic Development Loan Fund pursuant to Public Law 92–257; $61,700,000, to remain available until expended, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t48/s1688">48 USC 1688.</ref></p> </sidenote><page identifier="/us/stat/88/813">88 <inline class="smallCaps">Stat.</inline> 813</page> including not to exceed $700,000 to offset reductions in, or termination of, Federal grant-in-aid programs or other funds made available to the Trust Territory of the Pacific Islands by other Federal agencies: <proviso><i>Provided</i>, That all financial transactions of the Trust Territory, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t48/s1683">48 USC 1683.</ref></p></sidenote> including such transactions of all agencies or instrumentalities established or utilized by such Trust Territory, shall be audited by the General Accounting Office in accordance with the provisions of the Budget and Accounting Act, 1921 (42 Stat. 23), as amended, and the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s1">31 USC 1.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s65">31 USC 65</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t48/s1682">48 USC 1682.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t48/s1687">48 USC 1687.</ref></p></sidenote> Accounting and Auditing Act of 1950 (64 Stat. 834):</proviso> <proviso><i>Provided further</i>, That the government of the Trust Territory of the Pacific Islands is authorized to make purchases through the General Services Administration:</proviso> <proviso><i>Provided further</i>, That appropriations available for the administration of the Trust Territory of the Pacific Islands may be expended for the purchase, charter, maintenance, and operation of surface vessels for official purposes and for commercial transportation purposes found by the Secretary to be necessary in carrying out the provisions of article 6(2) of the Trusteeship Agreement approved by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/stat/61/3302">61 Stat. 3302.</ref></p></sidenote> Congress.</proviso></content> </appropriations> <appropriations level="small"><heading>micronesian claims fund, trust territory of the pacific islands</heading> <content>For payment to the Micronesian Claims Fund for settlement of claims of Micronesian inhabitants of the Trust Territory of the Pacific Islands as may be determined by the Micronesian Claims Commission pursuant to the provisions of Title II of Public Law 92–39, $1,400,000, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t50/s2020">50 USC app. 2020.</ref></p></sidenote> to remain available until expended.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>SECRETARIAL OFFICES</heading> <appropriations level="intermediate"><heading>Office of the Solicitor</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Office of the Solicitor, $12,040,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Office of the Secretary</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Office of the Secretary of the Interior, including not to exceed $2,000 for official reception and representation expenses, $19,454,000.</content> </appropriations> <appropriations level="small"><heading>departmental operations</heading> <content>For necessary expenses for certain operations that provide departmentwide services, $10,523,000, of which not to exceed $250,000, to remain available until expended, shall be available for support of the Third United Nations International Geothermal Symposium.</content> </appropriations> <appropriations level="small"><heading>salaries and expenses (special foreign currency program)</heading> <content>For payments in foreign currencies which the Treasury Department shall determine to be excess to the normal requirements of the United States, for necessary expenses of the Office of the Secretary, as authorized by law, $192,000, to remain available until expended: <proviso><i>Provided</i>, That this appropriation shall be available, in addition to other appropriations, to such office for payments in the foregoing currencies (7 U.S.C. 1704).</proviso></content> </appropriations> </appropriations> </appropriations> <page identifier="/us/stat/88/814">88 <inline class="smallCaps">Stat.</inline> 814</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">General Provisions, Department of the Interior</inline></heading> <num value="101"><inline class="smallCaps">Sec.</inline> 101.</num> <content>Appropriations made in this title shall be available for <sidenote><p class="indent0 firstIndent1 fontsize8">Facilities, emergency reconstruction.</p></sidenote> expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: <proviso><i>Provided</i>, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="102"><inline class="smallCaps">Sec.</inline> 102.</num> <content>The Secretary may authorize the expenditure or transfer <sidenote><p class="indent0 firstIndent1 fontsize8">Forest or range fires.</p></sidenote> of any appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under jurisdiction of the Department of the Interior and for the emergency rehabilitation of burned-over lands under its jurisdiction: <proviso><i>Provided</i>, That appropriations made in this title for fire suppression purposes shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment in connection with their use for fire suppression purposes, such reimbursement to be credited to appropriations currently available at the time of receipt thereof.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="103"><inline class="smallCaps">Sec.</inline> 103.</num> <content>Appropriations made in this title shall be available for <sidenote><p class="indent0 firstIndent1 fontsize8">Service facilities.</p></sidenote> operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by the Act of June 30, 1932 (31 U.S.C. 686): <proviso><i>Provided</i>, That reimbursements for costs of supplies, materials and equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="104"><inline class="smallCaps">Sec.</inline> 104.</num> <content>Appropriations made to the Department of the Interior in this title or in the Public Works for Water and Power Development and Atomic Energy Commission Appropriation Act, 1975, shall <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 782.</p></sidenote> be available for services as authorized by 5 U.S.C. 3109, when authorized by the Secretary, in total amount not to exceed $300,000; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members.</content> </section> <section class="firstIndent1 fontsize10"><num value="105"><inline class="smallCaps">Sec.</inline> 105.</num> <content>Appropriations available to the Department of the <sidenote><p class="indent0 firstIndent1 fontsize8">Uniforms.</p></sidenote> Interior for salaries and expenses shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).</content> </section> <section class="firstIndent1 fontsize10"><num value="106"><inline class="smallCaps">Sec.</inline> 106.</num> <content>In addition to the aircraft specifically authorized under <sidenote><p class="indent0 firstIndent1 fontsize8">Surplus aircraft.</p></sidenote> this Act there is hereby authorized for acquisition four surplus aircraft for replacement only. Such acquisitions shall be integral to the provision of centralized aircraft services in Alaska.</content> </section> <section class="firstIndent1 fontsize10"><num value="107"><inline class="smallCaps">Sec.</inline> 107.</num> <content>The sum of $261,278,000 appropriated under the head, <sidenote><p class="indent0 firstIndent1 fontsize8">MHD program.</p></sidenote> Office of Coal Research, Salaries and Expenses, in Public Law 93–392, signed June 30, 1974, includes $12,500,000 for a program for magnetohydrodynamics <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 276.</p></sidenote> (MHD), of which $5,000,000, as described in Senate Report 93–903 and House Report 93–1123, shall be used in part to <page identifier="/us/stat/88/815">88 <inline class="smallCaps">Stat.</inline> 815</page> initiate design of an MHD engineering test facility, and there shall be undertaken immediately the design and planning of such engineering test facility, to be located in Montana, large enough so as to provide a legitimate engineering basis which when achieved will enable the immediate construction of a commercial scale MHD plant (500 MWc or above) for possible operations in the mid-1980’s.</content> </section> <num value="II">TITLE II—</num><heading class="inline">RELATED AGENCIES</heading> <appropriations level="intermediate"><heading>Department of Agriculture</heading> <subheading>Forest Service</subheading> <appropriations level="small"><heading>forest protection and utilization</heading> <content><p class="firstIndent1 fontsize10">For expenses necessary for forest protection and utilization, as follows:</p> <p class="firstIndent1 fontsize10">Forest land management: For necessary expenses of the Forest Service, not otherwise provided for, including the administration, improvement, development, and management of lands, waters, or interests therein, under Forest Service administration, fighting and preventing forest fires on or threatening such lands and emergency rehabilitation and for liquidation of obligations incurred in the preceding fiscal year for such purposes, control of white pine blister rust and other forest diseases and insects on Federal and non-Federal lands, implementation of forest advanced logging and conservation systems including necessary research and development related thereto, $306,119,000, of which $4,275,000 for fighting and preventing forest fires and for the emergency rehabilitation of burned-over lands under its jurisdiction and $1,910,000 for insect and disease control shall be apportioned for use, pursuant to section 3679 of the Revised Statutes, as amended, to the extent necessary under the then existing conditions: <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s665">31 USC 665.</ref></p></sidenote> <proviso><i>Provided</i>, That funds appropriated for “Cooperative range improvements”, pursuant to section 12 of the Act of April 24, 1950 (16 U.S.C. 580h), may be advanced to this appropriation:</proviso> <proviso><i>Provided further</i>, That funds appropriated for the cooperative law enforcement program shall remain available until expended.</proviso></p> <p class="firstIndent1 fontsize10">Forest Research: For forest research at forest and range experiment stations, the Forest Products Laboratory, or elsewhere, as authorized by law, $75,402,000.</p> <p class="firstIndent1 fontsize10">State and Private Forestry Cooperation: For cooperation with States in forest-fire prevention and suppression, in forest tree planting on non-Federal public and private lands, and in forest management and processing, and for advising timberland owners, associations, wood-using industries, and others in the application for forest management principles and processing of forest products, as authorized by law, $34,638,000.</p></content> </appropriations> <appropriations level="small"><heading>construction and land acquisition</heading> <content>For construction and acquisition of buildings and other facilities required in the conservation, management, investigation, protection and utilization of national forest resources, point discharge monitoring and evaluation, and non-point discharge surveillance monitoring and evaluation, and the acquisition of lands and interests therein necessary to these objectives, $30,908,000, to remain available until expended: <proviso><i>Provided</i>, That not more than $1,576,000 of this appropriation may be used for acquisition of land under the Act of March 1, 1911, as amended (16 U.S.C. 513–519).</proviso></content> </appropriations> <page identifier="/us/stat/88/816">88 <inline class="smallCaps">Stat.</inline> 816</page> <appropriations level="small"><heading>youth conservation corps</heading> <content>For expenses necessary to carry out the provisions of the Act of August 13, 1970, as amended by Public Law 92–597, $10,240,000, to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/prec/s2711">42 USC prec. 2711</ref> note.</p></sidenote> remain available until the end of the fiscal year following the fiscal year for which appropriated: <proviso><i>Provided</i>, That $5,120,000 shall be available to the Secretary of the Interior and $5,120,000 shall be available to the Secretary of Agriculture:</proviso> <proviso><i>Provided further</i>, That the funds appropriated in this paragraph shall be available only upon the enactment into law of authorizing legislation.</proviso></content> </appropriations> <appropriations level="small"><heading>forest roads and trails (liquidation of contract authority)</heading> <content>For expenses necessary for carrying out the provisions of title 23, United States Code, sections 203 and 205, relating to the construction and maintenance of forest development roads and trails, $120,864,000, to remain available until expended, for liquidation of obligations incurred pursuant to authority contained in title 23, United States Code, section 203: <proviso><i>Provided</i>, That funds available under the Act of March 4, 1913 (16 U.S.C. 501) shall be merged with and made a part of this appropriation.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Acquisition of Lands for National Forests</heading> <appropriations level="small"><heading>special acts</heading> <content>For acquisition of land to facilitate the control of soil erosion and flood damage originating within the exterior boundaries of the following national forests, in accordance with the provisions of the following Acts, authorizing annual appropriations of forest receipts for such purposes, and in not to exceed the following amounts from such receipts, Cache National Forest, Utah, Act of May 11, 1938 (52 Stat. 347), as amended, $20,000; Uinta and Wasatch National Forest, Utah, Act of August 26, 1935 (49 Stat. 866), as amended, $30,000; Toiyabe National Forest, Nevada, Act of June 25, 1938 (52 Stat. 1205), as amended, $10,000; Angeles National Forest, California, Act of June 11, 1940 (54 Stat. 299), $20,000; San Bernardino and Cleveland National Forests, California, Act of June 15, 1938 (52 Stat. 699), as amended, $81,000; in all, $161,000: <proviso><i>Provided</i>, That no part of this appropriation shall be used for acquisition of any land which is not within the boundaries of the national forests and/or for the acquisition of any land without the approval of the local government concerned.</proviso></content> </appropriations> <appropriations level="small"><heading>acquisition of lands to complete land exchanges</heading> <content>For acquisition of lands in accordance with the Act of December 4, 1967 (16 U.S.C. 484a), to remain available until expended, $39,310, to be derived from deposits by public school authorities under said Act.</content> </appropriations> <appropriations level="small"><heading>acquisition of lands, klamath indians</heading> <content>For the acquisition of tribal lands that comprise the Klamath Indian Forests as authorized by section 8(c) of the Act of August 13, 1954, as amended (25 U.S.C. 564w–1(e)), $49,000,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>cooperative range improvements</heading> <content>For artificial revegetation, construction, and maintenance of range improvements, control of rodents, and eradication of poisonous <page identifier="/us/stat/88/817">88 <inline class="smallCaps">Stat.</inline> 817</page> and noxious plants on national forests in accordance with section 12 of the Act of April 24, 1950 (16 U.S.C. 580h), to be derived from grazing fees as authorized by said section, $700,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>assistance to states for tree planting</heading> <content>For expenses necessary to carry out section 401 of the Agricultural Act of 1956, approved May 28, 1956 (16 U.S.C. 568e), $1,344,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>construction and operation of recreation facilities</heading> <content>For construction, operation, and maintenance of outdoor recreation facilities, including collection of special recreation use fees, to remain available until expended, $1,260,000, to be derived from the special receipt accounts established by section 1(b) of the Act of July 15, 1968 (82 Stat. 354), and section 4(e) of the Act of July 11, 1972 (86 Stat. <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l–5">16 USC 460<i>l</i>–5</ref> note.</p></sidenote> 461): <proviso><i>Provided</i>, That not more than 40 per centum of the amount credited pursuant to section 4(e) of the Act of July 11, 1972, shall be <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l–6a">16 USC 460<i>l</i>–6a.</ref></p></sidenote> available for the enhancement of the fee collection system established by section 4 of such Act, including the promotion and enforcement thereof.</proviso></content> </appropriations> <appropriations level="small"><heading>administrative provisions, forest service</heading> <content><p class="firstIndent1 fontsize10">Appropriations to the Forest Service for the current fiscal year shall be available for: (a) purchase of not to exceed three hundred thirty-three passenger motor vehicles of which two hundred sixty-seven shall be for replacement only, and hire of such vehicles; operation and maintenance of aircraft and the purchase of not to exceed four for replacement only; (b) employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 for employment under 5 U.S.C. 3109; (c) uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); (d) purchase, erection, and alteration of buildings and other public improvements (7 U.S.C. 2250); (e) expenses of the National Forest Reservation Commission as authorized by section 14 of the Act of March 1, 1911 (16 U.S.C. 514); (f) acquisition of land and interests therein for sites for administrative and not to exceed $75,000 for research purposes, pursuant to the Act of August 3, 1956 (7 U.S.C. 428a); (g) expenses incident to acquisition by donation or exchange of land, waters, or interests in land or waters, pursuant to the Act of August 3, 1956 (7 U.S.C. 428a): <proviso><i>Provided</i>, That such appropriation shall not be available for expenses incident to donations and exchanges which can be made pursuant to authorities other than the Act of August 3, 1956 (7 U.S.C. 428a);</proviso> and (h) not to exceed $100,000 for expenses pursuant to the Volunteers in the National Forests Act of 1972 (16 U.S.C. 558a, 558d, 558a note).</p> <p class="firstIndent1 fontsize10">Except to provide materials required in or incident to research or <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s560a">16 USC 560a.</ref></p></sidenote> experimental work where no suitable domestic product is available, no part of the funds appropriated to the Forest Service shall be expended in the purchase of twine manufactured from commodities or materials produced outside of the United States.</p> <p class="firstIndent1 fontsize10">Funds appropriated under this Act shall not be used for acquisition of forest lands under the provisions of the Act approved March 1, 1911, as amended (16 U.S.C. 513–519, 521), where such land is not within the boundaries of an established national forest or purchase unit.</p> <p class="firstIndent1 fontsize10">None of the funds made available under this Act shall be obligated or expended to change the boundaries of any region, to abolish any region, to move or close any regional office for research, State and <page identifier="/us/stat/88/818">88 <inline class="smallCaps">Stat.</inline> 818</page> private forestry, and National Forest System administration of the Forest Service, Department of Agriculture, without the consent of the Committee on Appropriations and Committee on Agriculture and Forestry in the U.S. Senate and U.S. House of Representatives.</p></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Commission of Fine Arts</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses made necessary by the Act establishing a Commission of Fine Arts (40 U.S.C. 104), $171,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Department of Health, Education, and Welfare</heading> <subheading>Health Services Administration</subheading> <appropriations level="small"><heading>indian health services</heading> <content>For expenses, not otherwise provided for, necessary to carry out the Act of August 5, 1954 (68 Stat. 674), and titles III and V of the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2001">42 USC 2001.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s241/s219">42 USC 241, 219.</ref></p></sidenote> Public Health Service Act, including hire of passenger motor vehicles and aircraft; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary, $226,217,000.</content> </appropriations> <appropriations level="small"><heading>indian health facilities</heading> <content>For construction, major repair, improvement, and equipment of health and related auxiliary facilities, including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites; purchase and erection of portable buildings; purchase of trailers; and provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), $57,431,000, to remain available until expended.</content> </appropriations> </appropriations> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">administrative provisions, health services administration</inline></heading> <num value="1001"><inline class="smallCaps">Sec.</inline> 1001.</num> <content>Appropriations contained in this Act, available for salaries and expenses, shall be available for services as authorized by 5 U.S.C. 3109 but at rates not to exceed the per diem equivalent to the rate for GS–18.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332</ref> note.</p></sidenote></content> </section> <section class="firstIndent1 fontsize10"><num value="1002"><inline class="smallCaps">Sec.</inline> 1002.</num> <content>Appropriations contained in this Act, available for salaries and expenses, shall be available for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901–5902).</content> </section> <section class="firstIndent1 fontsize10"><num value="1003"><inline class="smallCaps">Sec.</inline> 1003.</num> <content>Appropriations contained in this Act available for salaries and expenses, shall be available for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or management of those functions or activities.</content> </section> <appropriations level="intermediate"><heading>Office of Education</heading> <appropriations level="small"><heading>indian education</heading> <content>For carrying out, to the extent not otherwise provided, part A ($25,000,000), part B ($12,000,000), and part C ($3,000,000) of the Indian Education Act, and $2,000,000 for the General Education Provisions <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s241aa">20 USC 241aa</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 556.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221">20 USC 1221</ref> note.</p></sidenote> Act, $42,000,000.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/819">88 <inline class="smallCaps">Stat.</inline> 819</page> <appropriations level="intermediate"><heading>Indian Claims Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to carry out the purposes of the Act of August 13, 1946 (25 U.S.C. 70), as amended (86 Stat. 115), creating an Indian Claims Commission, $1,324,000, of which not to exceed $15,000 shall be available for expenses of travel.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>National Capital Planning Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses, as authorized by the National Capital Planning Act of 1952 (40 U.S.C. 71–71i), including services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902), $1,777,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>National Foundation on the Arts and the Humanities</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, as amended, $145,000,000, of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s951">20 USC 951</ref> note.</p></sidenote> which $67,250,000 shall be available until expended to the National Endowment for the Arts for the support of projects and productions in the arts through assistance to groups and individuals pursuant to section 5(c) of the Act, of which not less than 20 percent shall be <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s954">20 USC 954.</ref></p></sidenote> available until expended to the National Endowment for the Arts for assistance pursuant to section 5(g) of the Act; $67,250,000 shall be available until expended to the National Endowment for the Humanities for support of activities in the humanities pursuant to section 7(c) of the Act; and $10,500,000 shall be available for administering <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s956">20 USC 956.</ref></p></sidenote> the provisions of the Act: <proviso><i>Provided</i>, That not to exceed 3 per centum of the funds appropriated to the National Endowment for the Arts for the purposes of sections 5(c) and 5(g) and not to exceed 3 per centum of the funds appropriated to the National Endowment for the Humanities for the purposes of section 7(c) shall be available for program development and evaluation.</proviso></content> </appropriations> <appropriations level="small"><heading>matching grants</heading> <content>To carry out the provisions of section 10(a)(2) of the National Foundation on the Arts and the Humanities Act of 1965, as amended, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s959">20 USC 959.</ref></p></sidenote> $14,000,000, to remain available until expended: <proviso><i>Provided</i>, That this appropriation shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, and devises of money, and other property accepted by the Chairman of each Endowment under the provisions of section 10(a)(2) during the current and preceding fiscal years, for which equal amounts have not previously been appropriated.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Smithsonian Institution</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Smithsonian Institution, including research in the fields of art, science, and history; development, preservation, and documentation of the National Collections; presenta-<page identifier="/us/stat/88/820">88 <inline class="smallCaps">Stat.</inline> 820</page>tion of public exhibits and performances; collection, preparation, dissemination, and exchange of information and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, and protection of buildings, facilities, and approaches; not to exceed $100,000 for services as authorized by 5 U.S.C. 3109; purchase or rental of two passenger motor vehicles; purchase, rental, repair, and cleaning of uniforms for employees; $67,789,000: <proviso><i>Provided</i>, That funds appropriated herein are available for advance payments to independent contractors performing research services or participating in official Smithsonian presentations.</proviso></content> </appropriations> <appropriations level="small"><heading>science information exchange</heading> <content>For necessary expenses of the Science Information Exchange, $1,755,000.</content> </appropriations> <appropriations level="small"><heading>museum programs and related research (special foreign currency program)</heading> <content>For payments in foreign currencies which the Treasury Department shall determine to be excess to the normal requirements of the United States, for necessary expenses for carrying out museum programs, scientific and cultural research, and related educational activities, as authorized by law, $2,000,000, to remain available until expended and to be available only to United States institutions: <proviso><i>Provided</i>, That this appropriation shall be available, in addition to other appropriations to the Smithsonian Institution, for payments in the foregoing currencies:</proviso> <proviso><i>Provided further</i>, That not to exceed $1,000,000 shall be available to the Smithsonian Institution for the International Campaign To Save the Monuments of Nubia of the United Nations Educational, Scientific, and Cultural Organization for the salvage of archeological sites on the Island of Philae.</proviso></content> </appropriations> <appropriations level="small"><heading>restoration and renovation of buildings</heading> <content>For necessary expenses of restoration and renovation of buildings owned or occupied by the Smithsonian Institution, as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623), including not <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s53a">20 USC 53a.</ref></p></sidenote> to exceed $10,000 for services as authorized by 5 U.S.C. 3109, $1,490,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>construction and improvements, national zoological park</heading> <content>For necessary expenses of planning, construction, remodeling, and equipping of buildings and facilities at the National Zoological Park, $9,420,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>construction</heading> <subheading>(appropriation to liquidate contract authority)</subheading> <content>For construction and equipment of a building for a National Air and Space Museum, including not to exceed $100,000 for services as authorized by 5 U.S.C. 3109, $7,000,000, to remain available until expended, for liquidation of obligations incurred under the contract authorization granted in the Department of the Interior and Related Agencies Appropriation Act, 1973.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/stat/86/508">86 Stat. 508.</ref></p></sidenote></content> </appropriations> <page identifier="/us/stat/88/821">88 <inline class="smallCaps">Stat.</inline> 821</page> <appropriations level="small"><heading>salaries and expenses, national gallery of art</heading> <content>For the upkeep and operations of the National Gallery of Art, the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24, 1937 (50 Stat. 51), as amended by the public resolution of April 13, 1939 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s71">20 USC 71.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/stat/53/577">53 Stat. 577.</ref></p></sidenote> (Public Resolution 9, Seventy-sixth Congress), including services as authorized by 5 U.S.C. 3109; payment in advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair, and cleaning of uniforms for guards and elevator operators, and uniforms, or allowances therefor, for other employees as authorized by law (5 U.S.C. 5901–5902); purchase, or rental of devices and services for protecting buildings and contents thereof, and maintenance, alteration, improvement, and repair of buildings, approaches, and grounds; and not to exceed $70,000 for restoration and repair of works of art for the National Gallery of Art by contracts made, without advertising, with individuals, firms, or organizations at such rates or prices and under such terms and conditions as the Gallery may deem proper, $6,623,000.</content> </appropriations> <appropriations level="small"><heading>salaries and expenses, woodrow wilson international center for scholars</heading> <content>For expenses necessary in carrying out the provisions of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356), including hire of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s80e">20 USC 80e</ref> note.</p></sidenote> passenger vehicles and services as authorized by 5 U.S.C. 3109, $954,000.</content> </appropriations> </appropriations> <appropriations level="major"><heading>HISTORICAL AND MEMORIAL COMMISSIONS</heading> <appropriations level="intermediate"><heading>American Revolution Bicentennial Administration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses to carry out the provisions of the Act of December 11, 1973 (Public Law 93–179), $9,686,000, of which not to exceed <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/stat/87/697">87 Stat. 697.</ref></p></sidenote> $1,375,000 shall be for grants-in-aid as authorized by section 9(a)(1) of the Act.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Federal Metal and Nonmetallic Mine Safety Board of Review</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Federal Metal and Nonmetallic Mine Safety Board of Review, as authorized by law (30 U.S.C. 721) including services as authorized by 5 U.S.C. 3109, $60,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Joint Federal-State Land Use Planning Commission for Alaska</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Joint Federal-State Land Use Planning Commission for Alaska, established by the Act of December 18, 1971 (Public Law 92–203), $693,000: <proviso><i>Provided</i>, That this appropriation <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s1601">43 USC 1601</ref> note.</p></sidenote> shall not be available to pay more than one-half of the expenses of the Commission.</proviso></content> </appropriations> </appropriations> <page identifier="/us/stat/88/822">88 <inline class="smallCaps">Stat.</inline> 822</page> <appropriations level="intermediate"><heading>Pennsylvania Avenue Development Corporation</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses, as authorized by section 17 of Public Law 92–578 as amended, $824,000: <proviso><i>Provided</i>, That the funds appropriated <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s885">40 USC 885.</ref></p></sidenote> in this paragraph shall be available only upon enactment into law of authorizing legislation.</proviso></content> </appropriations> </appropriations> </appropriations> <num value="III">TITLE III—</num><heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"><num value="301"><inline class="smallCaps">Sec.</inline> 301.</num> <content>No part of any appropriation under this Act shall be <sidenote><p class="indent0 firstIndent1 fontsize8">Unprocessed timber, sale restrictions.</p></sidenote> available to the Secretaries of the Interior and Agriculture for use for any sale hereafter made of unprocessed timber from Federal lands west of the 100th meridian in the contiguous 48 States which will be exported from the United States, or which will be used as a substitute for timber from private lands which is exported by the purchaser: <proviso><i>Provided</i>, That this limitation shall not apply to specific quantities of grades and species of timber which said Secretaries determine are surplus to domestic lumber and plywood manufacturing needs.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="302"><inline class="smallCaps">Sec.</inline> 302.</num> <content>No part of any appropriation contained in this Act shall <sidenote><p class="indent0 firstIndent1 fontsize8">Space and services, payment, limitation.</p></sidenote> be available for paying to the Administrator of the General Services Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210(i) of the Federal Property and Administrative Services Act of 1949, as amended, for space and services.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s490">40 USC 490.</ref></p></sidenote> </section> <section class="firstIndent1 fontsize10"><num value="303"><inline class="smallCaps">Sec.</inline> 303.</num> <content>No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. This Act may be cited as the “<shortTitle role="act">Department <sidenote><p class="indent0 firstIndent1 fontsize8">Short title.</p></sidenote> of the Interior and Related Agencies Appropriation Act, 1975</shortTitle>”.</content> </section>
Approved August 31, 1974.
Public Law 93–405: Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending June 30, 1975, and for other purposes. Public Law 405 Public Law 93–405 1974-08-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–405
AN ACT Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending June 30, 1975, and for other purposes.

August 31, 1974

[H. R. 15581]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following

District of Columbia Appropriation Act, 1975.

 sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the District of Columbia for the fiscal year ending June 30, 1975, and for other purposes, namely: Federal Payment to the District of Columbia For payment to the following funds of the District of Columbia for the fiscal year ending June 30, 1975: $221,200,000 to the general 88 Stat. 823 fund; $3,200,000 to the water fund; and $2,400,000 to the sanitary sewage works fund; as authorized by the District of Columbia Self-Government and Governmental Reorganization Act, Public Law 93–198; and the Act of May 18, 1954 (D.C. Code, 43–1541 and 1611).

D.C. Code 1–121 note.

 Loans to the District of Columbia for Capital Outlay For loans to the District of Columbia, as authorized by the Act of June 6, 1958 (72 Stat. 183), as amended, the Act of December 9, 1969

D.C. Code 9–220.

D.C. Code 1–1441 note, 7–133.

 (83 Stat. 321), and the Act of May 18, 1954 (68 Stat. 110), as amended, and the District of Columbia Self-Government and Governmental Reorganization Act (Public Law 93–198), $152,600,000, which together with balances of previous appropriations for this purpose, shall remain available until expended and be advanced upon request of the Commissioner, as follows: To the general fund, $143,600,000, and to the highway fund, $9,000,000. Division of Expenses The following amounts are appropriated for the District of Columbia for the current fiscal year out of the general fund of the District of Columbia, except as otherwise specifically provided: general operating expenses $77,524,400, of which $7,670,900 shall be payable from the revenue sharing trust fund, $660,100 from the highway fund (including $79,200 from the motor vehicle parking account), $107,700 from the water fund, and $71,800 from the sanitary sewage works fund: Provided, That not to exceed $2,500 for the Commissioner and $2,500 for the Chairman of the District of Columbia Council shall be available from this appropriation for expenditures for official purposes: Provided further, That, for the purpose of assessing and reassessing real property in the District of Columbia, $5,000 of the appropriation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not in excess of $100 per diem: Provided further, That not to exceed $7,500 of this appropriation shall be available for test borings and soil investigations: Provided further, That $2,375,000 of this appropriation payable from the revenue sharing trust fund (to remain available until expended) shall be available solely for District of Columbia employees’ disability compensation: Provided further, That not to exceed $125,000 of this appropriation shall be available for settlement of property damage claims not in excess of $500 each and personal injury claims not in excess of $1,000 each: Provided further, That not to exceed $50,000 of any appropriations available to the District of Columbia may be used to match financial contributions from the Department of Defense to the District of Columbia Office of Civil Defense for the purchase of civil defense equipment and supplies approved by the Department of Defense, when authorized by the Commissioner. 88 Stat. 824 public safety Public safety, including purchase of two hundred and sixty-five passenger motor vehicles for replacement only (including two hundred and sixty for police-type use and five for fire-type use without regard to the general purchase price limitation for the current fiscal year but not in excess of $400 per vehicle for police-type and $600 per vehicle for fire-type use above such limitation); $207,226,200, of which $5,500,000 shall be payable from the revenue sharing trust fund, and $8,117,200 from the highway fund (including $112,000 from the motor vehicle parking account): Provided, That the Police Department is authorized to replace not to exceed twenty-five passenger carrying vehicles, and the Fire Department not to exceed five such vehicles annually whenever the cost of repair to any damaged vehicle exceeds three-fourths the cost of the replacement: Provided further, That $1,159,800 shall be available for reimbursement to the United States for services provided to the District of Columbia by the offices of the United States attorney and the United States marshal for the District of Columbia: Provided further, That not to exceed $200,000 shall be available from this appropriation for the Chief of Police for the prevention and detection of crime. education Education, including the development of national defense education programs, $207,748,800, of which $6,351,000 shall be payable from the revenue sharing trust fund, and $165,100 from the highway fund: Provided, That the District of Columbia Public Schools are authorized to accept not to exceed thirty-one motor vehicles for exclusive use in the driver education program: Provided further, That not to exceed $1,000 for the Superintendent of Schools, $1,000 for the President of Federal City College, and $1,000 for the President of Washington Technical Institute shall be available from this appropriation for expenditures for official purposes. recreation Recreation, $14,902,000, of which $204,000 shall be payable from the revenue sharing trust fund. human resources Human resources, including care and treatment of indigent patients in institutions under contracts to be made by the Director of Human Resources; $224,708,500, of which $7,465,000 shall be payable from the revenue sharing trust fund: Provided, That the inpatient rate and outpatient rate under such contracts shall not exceed $76 per diem and the outpatient rate shall not exceed $12 per visit and the inpatient rate (excluding the proportionate share for repairs and construction) for services rendered by Saint Elizabeth’s Hospital for patient care shall be $24.53 per diem: Provided further, That total reimbursements to Saint Elizabeth’s Hospital, including funds from Title XIX of the Social Security Act, shall not exceed the amount for the fiscal year

42 USC 1396.

88 Stat. 825 1970: Provided further, That the hospital rates specified herein shall not apply, beginning July 1, 1969, to services provided to patients who are eligible for such services under the District of Columbia plan for medical assistance under Title XIX of the Social Security Act:

42 USC 1396.

 Provided further, That this appropriation shall be available for the furnishing of medical assistance to individuals sixty-five years of age or older who are residing in the District of Columbia. highways and traffic Highways and traffic, including rental of one passenger-carrying vehicle for use by the Commissioner; and purchase of twenty-six passenger motor vehicles; $24,180,000 of which $2,380,900 shall be payable from the revenue sharing trust fund, and $18,874,700 from the highway fund (including $640,800 from the motor vehicle parking account): Provided, That this appropriation shall not be available for the purchase of driver-training vehicles. environmental services Environmental services, $50,347,000, of which $1,397,200 shall be payable from the revenue sharing trust fund, $13,090,200 from the water fund, $15,596,600 from the sanitary sewage works fund, and $63,300 from the metropolitan area sanitary sewage works fund: Provided, That this appropriation shall not be available for collecting ashes or miscellaneous refuse from hotels and places of business or from apartment houses with four or more apartments, or from any building or connected group of buildings operating as a rooming or boarding house as defined in the housing regulations of the District of Columbia. personal services For pay increases and related retirement costs for general schedule employees, wage board employees, interns and residents, and Public Schools cafeteria employees to be transferred by the Commissioner of the District of Columbia to the appropriations for the fiscal year 1975 from which said employees are properly payable, $12,987,000, of which $535,600 shall be payable from the highway fund (including $6,200 from the motor vehicle parking account), $504,800 from the water fund, and $373,400 from the sanitary sewage works fund: Provided, That $251,300 shall be available for reimbursement to the United States for services provided to the District of Columbia by the offices of the United States attorney and the United States marshal for the District of Columbia. settlement of claims and suits For payment of property damage claims in excess of $500 and of personal injury claims in excess of $1,000, approved by the Commissioner in accordance with the provisions of the Act of February 11, 1929, as amended (45 Stat. 1160; 46 Stat. 500; 65 Stat. 131), $34,000.

D.C. Code 1–902 to 1–906.

 repayment of loans and interest For reimbursement to the United States of funds loaned in compliance with sections 108, 217, and 402 of the Act of May 18, 1954 (68 Stat. 103, 109, and 110), as amended; section 9 of the Act of September

D.C. Code 43–1540, 43–1616, 7–133.

D.C. Code 2–1727.

D.C. Code 9–220.

D.C. Code 43–1623

 7, 1957 (71 Stat. 619), as amended; section 1 of the Act of June 6, 1958 (72 Stat. 183), as amended; and section 4 of the Act of June 12, 1960 (74 Stat. 211), as amended, including interest as required thereby, $49,067,000, of which $6,977,100 shall be payable from the highway 88 Stat. 826 fund, $2,219,000 from the water fund, $1,747,400 from the sanitary sewage works fund, and $133,400 from the metropolitan area sanitary sewage works fund. capital outlay For reimbursement to the United States of funds loaned in compliance with the Act of August 7, 1946 (60 Stat. 896), as amended, and

72 Stat. 15.

 payments under the Act of July 2, 1954 (68 Stat. 443), construction projects as authorized by the Acts of April 22, 1904 (33 Stat. 244),

D.C. Code 43–1510, 43–1604, 7–133, 9–220, 40–804, 1–1441 note.

 May 18, 1954 (68 Stat. 105, 110), June 6, 1958 (72 Stat. 183), August 20, 1958 (72 Stat. 686), and the Act of December 9, 1969 (83 Stat. 321); including acquisition of sites; preparation of plans and specifications; conducting preliminary surveys; erection of structures, including building improvement and alteration and treatment of grounds; to remain available until expended, $204,918,000, of which $3,100,000 may be used for (1) the construction of a fully enclosed swimming pool at the south end of the existing structures comprising the Woodrow Wilson High School, including appropriate landscaping of the structure enclosing such pool, (2) the construction of a single entrance to such pool from Fort Drive, and (3) the closing of the existing access road between Nebraska Avenue and Fort Drive at the south end of such high school, including appropriate landscaping at the present access road entrance to be closed; the use of such pool during periods other than regular school hours on regular school days and on days when school is not in regular session to be in accordance with the terms of a joint agreement between the District of Columbia Board of Education and the District of Columbia Department of Recreation, and on no day may the use of such pool extend beyond 9 p.m. and $9,345,000 shall be payable from the highway fund, $2,605,000 from the water fund, and $1,405,000 from the sanitary sewage works fund: Provided, That $7,178,200 shall be available for construction services by the Director of the Department of General Services or by contract for architectural engineering services, as may be determined by the Commissioner, and the funds for the use of the Director of the Department of General Services shall be advanced to the appropriation account, “Construction Services, Department of General Services": Provided further, That the amount appropriated to the Construction Services Fund, Department of General Services, be limited, during the current fiscal year, to ten per centum of appropriations for all construction projects: Provided further, Notwithstanding the foregoing, all authorizations for capital outlay projects, except those projects covered by the first sentence of section 23(a) of the Federal-Aid Highway Act of 1968 (Public Law 90–495, approved August 23, 1968),

D.C. Code 7–135 note.

 for which funds are provided by this paragraph, shall expire on June 30, 1976, except authorizations for projects as to which funds have been obligated in whole or in part prior to such date. Upon expiration of any such project authorization the funds provided herein for such project shall lapse.
88 Stat. 827
GENERAL PROVISIONS Sec. 1. Except as otherwise provided herein, all vouchers covering

Vouchers, audit.

 expenditures of appropriations contained in this Act shall be audited before payment by the designated certifying official and the vouchers as approved shall be paid by checks issued by the designated disbursing official.
Sec. 2. Whenever in this Act an amount is specified within an appropriation

Maximum allowances.

 for particular purposes or object of expenditure, such amount, unless otherwise specified, shall be considered as the maximum amount which may be expended for said purpose or object rather than an amount set apart exclusively therefor.
Sec. 3. Appropriations in this Act shall be available, when authorized

Automobile allowances.

 or approved by the Commissioner, for allowances for privately owned automobiles used for the performance of official duties at 13 cents per mile but not to exceed $45 a month for each automobile, unless otherwise therein specifically provided, except that one hundred and thirteen (eighteen for venereal disease investigators in the Department of Human Resources) such allowances at not more than $715 each per annum may be authorized or approved by the Commissioner.
Sec. 4. Appropriations in this Act shall be available for expenses

Travel expenses; organization dues.

 of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when authorized by the Commissioner.
Sec. 5. Appropriations in this Act shall not be used for or in connection

Taxicabs, restrictions.

 with the preparation, issuance, publication, or enforcement of any regulation or order of the Public Service Commission requiring the installation of meters in taxicabs, or for or in connection with the licensing of any vehicle to be operated as a taxicab except for operation in accordance with such system of uniform zones and rates and regulations applicable thereto as shall have been prescribed by the Public Service Commission.
Sec. 6. Appropriations in this Act shall not be available for the

Street lighting.

D.C. Code 7–701 note.

 payment of rates for electric current for street lighting in excess of 2 cents per kilowatt-hour for current consumed.
Sec. 7. There are hereby appropriated from the applicable funds of

Judgment payments.

 the District of Columbia such sums as may be necessary for making refunds and for the payment of judgments which have been entered against the government of the District of Columbia: Provided, That nothing contained in this section shall be construed as modifying or affecting the provisions of paragraph 3, subsection (c) of section 11 of title XII of the District of Columbia Income and Franchise Tax Act of 1947, as amended.

D.C. Code 47–1586j.
Sec. 8. Appropriations in this Act shall be available for the payment

D.C. Code 3–204 note.

D.C. Code 3–204.

42 USC 3801 note.

 of public assistance without reference to the requirement of subsection (b) of section 5 of the District of Columbia Public Assistance Act of 1962 and for the non-Federal share of funds necessary to qualify for Federal assistance under the Act of July 31, 1968 (Public Law 90–445).
88 Stat. 828
Sec. 9. No part of any appropriation contained in this Act shall

Fiscal year limitation.

 remain available for obligation beyond the current fiscal year unless expressly so provided herein.
Sec. 10. No part of any funds appropriated by this Act shall be

Chauffeur compensation.

D.C. Code 40–501a note.

 used to pay the compensation (whether by contract or otherwise) of any individual for performing services as a chauffeur or driver for any designated officer or employee of the District of Columbia government (other than the Commissioner of the District of Columbia, Chief of Police and Fire Chief), or for performing services as a chauffeur or driver of a motor vehicle assigned for the personal or individual use of any such officer or employee (other than the Commissioner of the District of Columbia, Chief of Police and Fire Chief). No part of any funds appropriated by this Act, in excess of $12,000 in the aggregate, shall, in any fiscal year, be used to pay the compensation (whether by contract or otherwise) of individuals for performing services as a chauffeur or driver for the Commissioner of the District of Columbia, or for performing services as a chauffeur or driver of a motor vehicle assigned for the personal or individual use of the Commissioner of the District of Columbia.
Sec. 11. Not to exceed 4½ per centum of the total of all funds appropriated

Overtime or temporary positions, cost limitation.

 by this Act for personal compensation may be used to pay the cost of overtime or temporary positions.
Sec. 12. The total expenditure of funds appropriated by this Act for

Travel expenditure, limitation.

D.C. Code 1–216 note.

 authorized travel and per diem costs outside the District of Columbia, Maryland, and Virginia shall not exceed $210,000.
Sec. 13. Appropriations in this Act shall not be available, during the

Number of employees.

 fiscal year ending June 30, 1975, for the compensation of any person appointed— (1) as full-time employee to a permanent, authorized position in the government of the District of Columbia during any month when the number of such employees is greater than 39,619; or (2) as a temporary or part-time employee in the government of the District of Columbia during any month in which the number of such employees exceeds the number of such employees for the same month of the preceding fiscal year.
Sec. 14. No funds appropriated herein for the government of the

Partisan political activities.

 District of Columbia for the operation of educational institutions, the compensation of personnel, or for other educational purposes may be used to permit, encourage, facilitate, or further partisan political activities. Nothing herein is intended to prohibit the availability of school buildings for the use of any community group during non-school hours.
Sec. 15. Appropriations in this Act shall be available for services as authorized by 5 U.S.C. 3109, at rates to be fixed by the Commissioner.
Sec. 16.

No part of any appropriation contained in this Act shall be

Space and services.

available for paying to the Administrator of the General Services Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended, for space and services.

40 USC 490.

This Act may be cited as the “District of Columbia Appropriation

Short title.

Act, 1975”.
Approved August 31, 1974.
Public Law 93–406: To provide for pension reform. Public Law 406 Public Law 93–406 88 Stat. 829 1974-09-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 829 Public Law 93–406
AN ACT To provide for pension reform.

September 2, 1974

[H. R. 2]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Employee Retirement Income Security Act of 1974.

29 USC 1001 note.
short title and table of contents Section 1. That this Act may be cited as the “Employee Retirement Income Security Act of 1974”. TABLE OF CONTENTS Sec. 1. TITLE I— Subtitle A— Sec. 2. Sec. 3. Sec. 4. Subtitle B— Part 1— Sec. 101. Sec. 102. Sec. 103. Sec. 104. Sec. 105. Sec. 106. Sec. 107. Sec. 108. Sec. 109. Sec. 110. Sec. 111. Part 2— Sec. 201. Sec. 202. Sec. 203. Sec. 204. Sec. 205. Sec. 206. Sec. 207. Sec. 208. Sec. 209. Sec. 210. Sec. 211. Part 3— Sec. 301. Sec. 302. Sec. 303. Sec. 304. Sec. 305. Sec. 306. Part 4— Sec. 401. Sec. 402. Sec. 403. Sec. 404. Sec. 405. Sec. 406. Sec. 407. 88 Stat. 830 TABLE OF CONTENTS—Continued TITLE I—PROTECTION OF EMPLOYEE BENEFIT RIGHTS—Continued Part 4—Fidciary Responsibility—Continued Sec. 408. Sec. 409. Sec. 410. Sec. 411. Sec. 412. Sec. 413. Sec. 414. Part 5— Sec. 501. Sec. 502. Sec. 503. Sec. 504. Sec. 505. Sec. 506. Sec. 507. Sec. 508. Sec. 509. Sec. 510. Sec. 511. Sec. 512. Sec. 513. Sec. 514. TITLE II— Sec. 1001. Subtitle A— Part 1— Sec. 1011. Sec. 1012. Sec. 1013. Sec. 1014. Sec. 1015. Sec. 1016. Sec. 1017. Part 2— Sec. 1021. Sec. 1022. Sec. 1023. Sec. 1024. Part 3— Sec. 1031. Sec. 1032. Sec. 1033. Sec. 1034. Part 4— Sec. 1041. Part 5— Sec. 1051. Sec. 1052. 88 Stat. 831 TABLE OF CONTENTS—Continued TITLE II—AMENDMENTS TO THE INTERNAL REVENUE CODE RELATING TO RETIREMENT PLANS—Continued Subtitle B— Sec. 2001. Sec. 2002. Sec. 2003. Sec. 2004. Sec. 2005. Sec. 2006. Sec. 2007. Sec. 2008. TITLE III— Subtitle A— Sec. 3001. Sec. 3002. Sec. 3003. Sec. 3004. Subtitle B— Part 1— Sec. 3021. Sec. 3022. Part 2— Sec? 3031. Sec. 3032. Subtitle C— Sec. 3041. Sec. 3042. Sec. 3043. TITLE IV— Subtitle A— Sec. 4001. Sec. 4002. Sec. 4003. Sec. 4004. Sec. 4005. Sec. 4006. Sec. 4007. Sec. 4008. Sec. 4009. Subtitle B— Sec. 4021. Sec. 4022. Sec. 4023. 88 Stat. 832 TABLE OF CONTENTS—Continued TITLE IV—PLAN TERMINATION INSURANCE—Continued Subtitle C— Sec. 4041. Sec. 4042. Sec. 4043. Sec. 4044. Sec. 4045. Sec. 4046. Sec. 4047. Sec. 4048. Subtitle D— Sec. 4061. Sec. 4062. Sec. 4063. Sec. 4064. Sec. 4065. Sec. 4066. Sec. 4067. Sec. 4068. Subtitle E— Sec. 4081. Sec. 4082.
<num value="I">TITLE I—</num><heading class="inline">PROTECTION OF EMPLOYEE BENEFIT RIGHTS</heading> <subtitle><num value="A"><inline class="smallCaps">Subtitle A</inline>—</num><heading><inline class="smallCaps">General Provisions</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">findings and declaration of policy</inline></heading> <num value="2"><inline class="smallCaps">Sec.</inline> 2.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Congress finds that the growth in size, scope, and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1001">29 USC 1001.</ref></p></sidenote> numbers of employee benefit plans in recent years has been rapid and substantial; that the operational scope and economic impact of such plans is increasingly interstate; that the continued well-being and security of millions of employees and their dependents are directly affected by these plans; that they are affected with a national public interest; that they have become an important factor affecting the stability of employment and the successful development of industrial relations; that they have become an important factor in commerce because of the interstate character of their activities, and of the activities of their participants, and the employers, employee organizations, and other entities by which they are established or maintained; that a large volume of the activities of such plans is carried on by means of the mails and instrumentalities of interstate commerce; that owing to the lack of employee information and adequate safeguards concerning their operation, it is desirable in the interests of employees and their beneficiaries, and to provide for the general welfare and the free flow of commerce, that disclosure be made and safeguards be provided with respect to the establishment, operation, and administration of such plans; that they substantially affect the revenues of the United States because they are afforded preferential Federal tax treatment; that despite the enormous growth in such plans many employees with long years of employment are losing anticipated retirement benefits owing to the lack of vesting provisions in such plans; that owing to the inadequacy of current minimum standards, the soundness and stability of plans with respect to adequate funds to pay promised benefits may be endangered; that owing to the termination of plans before <page identifier="/us/stat/88/833">88 <inline class="smallCaps">Stat.</inline> 833</page> requisite funds have been accumulated, employees and their beneficiaries have been deprived of anticipated benefits; and that it is therefore desirable in the interests of employees and their beneficiaries, for the protection of the revenue of the United States, and to provide for the free flow of commerce, that minimum standards be provided assuring the equitable character of such plans and their financial soundness.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>It is hereby declared to be the policy of this Act to protect interstate commerce and the interests of participants in employee benefit plans and their beneficiaries, by requiring the disclosure and reporting to participants and beneficiaries of financial and other information with respect thereto, by establishing standards of conduct, responsibility, and obligation for fiduciaries of employee benefit plans, and by providing for appropriate remedies, sanctions, and ready access to the Federal courts.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>It is hereby further declared to be the policy of this Act to protect interstate commerce, the Federal taxing power, and the interests of participants in private pension plans and their beneficiaries by improving the equitable character and the soundness of such plans by requiring them to vest the accrued benefits of employees with significant periods of service, to meet minimum standards of funding, and by requiring plan termination insurance.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">definitions</inline></heading> <num value="3"><inline class="smallCaps">Sec.</inline> 3.</num> <chapeau>For purposes of this title:<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1002">29 USC 1002.</ref></p></sidenote></chapeau> <paragraph class="indent0 fontsize10"><num value="1">(1)</num> <content>The terms “employee welfare benefit plan” and “welfare plan” mean any plan, fund, or program which was heretofore or is hereafter established or maintained by an employer or by an employee organization, or by both, to the extent that such plan, fund, or program was established or is maintained for the purpose of providing for its participants or their beneficiaries, through the purchase of insurance or otherwise, (A) medical, surgical, or hospital care or benefits, or benefits in the event of sickness, accident, disability, death or unemployment, or vacation benefits, apprenticeship or other training programs, or day care centers, scholarship funds, or prepaid legal services, or (B) any benefit described in section 302(c) of the Labor Management Relations Act, 1947 (other than pensions on retirement or <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s186">29 USC 186.</ref></p></sidenote> death, and insurance to provide such pensions).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>The terms “employee pension benefit plan” and “pension plan” mean any plan, fund, or program which was heretofore or is hereafter established or maintained by an employer or by an employee organization, or by both, to the extent that by its express terms or as a result of surrounding circumstances such plan, fund, or program—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>provides retirement income to employees, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>results in a deferral of income by employees for periods extending to the termination of covered employment or beyond,</content> </subparagraph> <continuation class="indent0 fontsize10">regardless of the method of calculating the contributions made to the plan, the method of calculating the benefits under the plan or the method of distributing benefits from the plan.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The term “employee benefit plan” or “plan” means an employee welfare benefit plan or an employee pension benefit plan or a plan which is both an employee welfare benefit plan and an employee pension benefit plan.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>The term “employee organization” means any labor union or any organization of any kind, or any agency or employee representation committee, association, group, or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning an employee benefit plan, or other <page identifier="/us/stat/88/834">88 <inline class="smallCaps">Stat.</inline> 834</page> matters incidental to employment relationships; or any employees’ beneficiary association organized for the purpose in whole or in part, of establishing such a plan.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>The term “employer” means any person acting directly as an employer, or indirectly in the interest of an employer, in relation to an employee benefit plan; and includes a group or association of employers acting for an employer in such capacity.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="6">(6)</num> <content>The term “employee” means any individual employed by an employer.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="7">(7)</num> <content>The term “participant” means any employee or former employee of an employer, or any member or former member of an employee organization, who is or may become eligible to receive a benefit of any type from an employee benefit plan which covers employees of such employer or members of such organization, or whose beneficiaries may be eligible to receive any such benefit.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="8">(8)</num> <content>The term “beneficiary” means a person designated by a participant, or by the terms of an employee benefit plan, who is or may become entitled to a benefit thereunder.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="9">(9)</num> <content>The term “person” means an individual, partnership, joint venture, corporation, mutual company, joint-stock company, trust, estate, unincorporated organization, association, or employee organization.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="10">(10)</num> <content>The term “State” includes any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, and the Canal Zone. The term “United States” when used in the geographic sense means the States and the Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331–1343).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="11">(11)</num> <content>The term “commerce” means trade, traffic, commerce, transportation, or communication between any State and any place outside thereof.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="12">(12)</num> <content>The term “industry or activity affecting commerce” means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and includes any activity or industry “affecting commerce” within the meaning of the Labor Management Relations Act, 1947, or the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s141">29 USC 141.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t45/s151">45 USC 151.</ref></p></sidenote> Railway Labor Act.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="13">(13)</num> <content>The term “Secretary” means the Secretary of Labor.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="14">(14)</num> <chapeau>The term “party in interest” means, as to an employee benefit plan—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>any fiduciary (including, but not limited to, any administrator, officer, trustee, or custodian), counsel, or employee of such employee benefit plan;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>a person providing services to such plan;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>an employer any of whose employees are covered by such plan;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>an employee organization any of whose members are covered by such plan;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">(E)</num> <chapeau>an owner, direct or indirect, of 50 percent or more of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the combined voting power of all classes of stock entitled to vote or the total value of shares of all classes of stock of a corporation,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>the capital interest or the profits interest of a partnership, or</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>the beneficial interest of a trust or unincorporated enterprise,</content></clause> <continuation class="indent0 fontsize10">which is an employer or an employee organization described in subparagraph (C) or (D);</continuation></subparagraph> <page identifier="/us/stat/88/835">88 <inline class="smallCaps">Stat.</inline> 835</page> <subparagraph class="indentUp1 fontsize10"><num value="F">(F)</num> <content>a relative (as defined in paragraph (15)) of any individual described in subparagraph (A), (B), (C), or (E);</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="G">(G)</num> <chapeau>a corporation, partnership, or trust or estate of which (or in which) 50 percent or more of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the combined voting power of all classes of stock entitled to vote or the total value of shares of all classes of stock of such corporation,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>the capital interest or profits interest of such partnership, or</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>the beneficial interest of such trust or estate,</content></clause> <continuation class="indent0 fontsize10">is owned directly or indirectly, or held by persons described in subparagraph (A), (B), (C), (D), or (E);</continuation></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="H">(H)</num> <content>an employee, officer, director (or an individual having powers or responsibilities similar to those of officers or directors), or a 10 percent or more shareholder directly or indirectly, of a person described in subparagraph (B), (C), (D), (E), or (G), or of the employee benefit plan; or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="I">(I)</num> <content>a 10 percent or more (directly or indirectly in capital or profits) partner or joint venture of a person described in subparagraph (B), (C), (D), (E), or (G).</content></subparagraph> <continuation class="indent0 fontsize10">The Secretary, after consultation and coordination with the Secretary of the Treasury, may by regulation prescribe a percentage lower than 50 percent for subparagraph (E) and (G) and lower than 10 percent for subparagraph (H) or (I). The Secretary may prescribe regulations for determining the ownership (direct or indirect) of profits and beneficial interests, and the manner in which indirect stockholdings are taken into account.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="15">(15)</num> <content>The term “relative” means a spouse, ancestor, lineal descendant, or spouse of a lineal descendant.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="16">(16)</num><subparagraph class="inline"><num value="A">(A)</num> <chapeau class="inline">The term “administrator” means—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the person specifically so designated by the terms of the instrument under which the plan is operated;</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>if an administrator is not so designated, the plan sponsor; or</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>in the case of a plan for which an administrator is not designated and a plan sponsor cannot be identified, such other person as the Secretary may by regulation prescribe.</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>The term “plan sponsor” means (i) the employer in the case of an employee benefit plan established or maintained by a single employer, (ii) the employee organization in the case of a plan established or maintained by an employee organization, or (iii) in the case of a plan established or maintained by two or more employers or jointly by one or more employers and one or more employee organizations, the association, committee, joint board of trustees, or other similar group of representatives of the parties who establish or maintain the plan.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="17">(17)</num> <content>The term “separate account” means an account established or maintained by an insurance company under which income, gains, and losses, whether or not realized, from assets allocated to such account, are, in accordance with the applicable contract, credited to or charged against such account without regard to other income, gains, or losses of the insurance company.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="18">(18)</num> <content>The term “adequate consideration” when used in part 4 of subtitle B means (A) in the case of a security for which there is a generally recognized market, either (i) the price of the security prevailing on a national securities exchange which is registered under section 6 of the Securities Exchange Act of 1934, or (ii) if the security <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s78f">15 USC 78f.</ref></p></sidenote> is not traded on such a national securities exchange, a price not less <page identifier="/us/stat/88/836">88 <inline class="smallCaps">Stat.</inline> 836</page> favorable to the plan than the offering price for the security as established by the current bid and asked prices quoted by persons independent of the issuer and of any party in interest; and (B) in the case of an asset other than a security for which there is a generally recognized market, the fair market value of the asset as determined in good faith by the trustee or named fiduciary pursuant to the terms of the plan and in accordance with regulations promulgated by the Secretary.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="19">(19)</num> <content>The term “nonforfeitable” when used with respect to a pension benefit or right means a claim obtained by a participant or his beneficiary to that part of an immediate or deferred benefit under a pension plan which arises from the participant’s service, which is unconditional, and which is legally enforceable against the plan. For purposes of this paragraph, a right to an accrued benefit derived from employer contributions shall not be treated as forfeitable merely because the plan contains a provision described in section 203(a)(3).<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 854.</p></sidenote></content></paragraph> <paragraph class="indent0 fontsize10"><num value="20">(20)</num> <content>The term “security” has the same meaning as such term has under section 2(1) of the Securities Act of 1933 (15 U.S.C. 77b(1)).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="21">(21)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">Except as otherwise provided in subparagraph (B), a person is a fiduciary with respect to a plan to the extent (i) he exercises any discretionary authority or discretionary control respecting management of such plan or exercises any authority or control respecting management or disposition of its assets, (ii) he renders investment advice for a fee or other compensation, direct or indirect, with respect to any moneys or other property of such plan, or has any authority or responsibility to do so, or (iii) he has any discretionary authority or discretionary responsibility in the administration of such plan. Such term includes any person designated under section 405(c)(1)(B).<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 878.</p></sidenote></content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>If any money or other property of an employee benefit plan is invested in securities issued by an investment company registered under the Investment Company Act of 1940, such investment shall not <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s80a–51">15 USC 80a–51.</ref></p></sidenote> by itself cause such investment company or such investment company’s investment adviser or principal underwriter to be deemed to be a fiduciary or a party in interest as those terms are defined in this title, except insofar as such investment company or its investment adviser or principal underwriter acts in connection with an employee benefit plan covering employees of the investment company, the investment adviser, or its principal underwriter. Nothing contained in this subparagraph shall limit the duties imposed on such investment company, investment adviser, or principal underwriter by any other law.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="22">(22)</num> <chapeau>The term “normal retirement benefit” means the greater of the early retirement benefit under the plan, or the benefit under the plan commencing at normal retirement age. The normal retirement benefit shall be determined without regard to—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>medical benefits, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>disability benefits not in excess of the qualified disability benefit.</content></subparagraph> <continuation class="indent0 fontsize10">For purposes of this paragraph, a qualified disability benefit is a disability benefit provided by a plan which does not exceed the benefit which would be provided for the participant if he separated from the service at normal retirement age. For purposes of this paragraph, the early retirement benefit under a plan shall be determined without regard to any benefit under the plan which the Secretary of the Treasury finds to be a benefit described in section 204(b)(1)(G).<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 858.</p></sidenote></continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="23">(23)</num> <chapeau>The term “accrued benefit” means—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>in the case of a defined benefit plan, the individual’s accrued benefit determined under the plan and, except as provided <page identifier="/us/stat/88/837">88 <inline class="smallCaps">Stat.</inline> 837</page> in section 204(c)(3), expressed in the form of an annual benefit <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 858.</p></sidenote> commencing at normal retirement age, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>in the case of a plan which is an individual account plan, the balance of the individual’s account.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="24">(24)</num> <chapeau>The term “normal retirement age” means the earlier of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the time a plan participant attains normal retirement age under the plan, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <chapeau>the later of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the time a plan participant attains age 65, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>the 10th anniversary of the time a plan participant commenced participation in the plan.</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="25">(25)</num> <content>The term “vested liabilities” means the present value of the immediate or deferred benefits available at normal retirement age for participants and their beneficiaries which are nonforfeitable.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="26">(26)</num> <content>The term “current value” means fair market value where available and otherwise the fair value as determined in good faith by a trustee or a named fiduciary (as defined in section 402(a)(2)) pursuant <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 875.</p></sidenote> to the terms of the plan and in accordance with regulations of the Secretary, assuming an orderly liquidation at the time of such determination.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="27">(27)</num> <content>The term “present value”, with respect to a liability, means the value adjusted to reflect anticipated events. Such adjustments shall conform to such regulations as the Secretary of the Treasury may prescribe.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="28">(28)</num> <content>The term “normal service cost” or “normal cost” means the annual cost of future pension benefits and administrative expenses assigned, under an actuarial cost method, to years subsequent to a particular valuation date of a pension plan. The Secretary of the Treasury <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> may prescribe regulations to carry out this paragraph.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="29">(29)</num> <content>The term “accrued liability” means the excess of the present value, as of a particular valuation date of a pension plan, of the projected future benefit costs and administrative expenses for all plan participants and beneficiaries over the present value of future contributions for the normal cost of all applicable plan participants and beneficiaries. The Secretary of the Treasury may prescribe regulations <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> to carry out this paragraph.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="30">(30)</num> <content>The term “unfunded accrued liability” means the excess of the accrued liability, under an actuarial cost method which so provides, over the present value of the assets of a pension plan. The Secretary <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> of the Treasury may prescribe regulations to carry out this paragraph.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="31">(31)</num> <content>The term “advance funding actuarial cost method” or “actuarial cost method” means a recognized actuarial technique utilized for establishing the amount and incidence of the annual actuarial cost of pension plan benefits and expenses. Acceptable actuarial cost methods shall include the accrued benefit cost method (unit credit method), the entry age normal cost method, the individual level premium cost method, the aggregate cost method, the attained age normal cost method, and the frozen initial liability cost method. The terminal funding cost method and the current funding (pay-as-you-go) cost method are not acceptable actuarial cost methods. The Secretary of <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> the Treasury shall issue regulations to further define acceptable actuarial cost methods.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="32">(32)</num> <content>The term “governmental plan” means a plan established or maintained for its employees by the Government of the United States, by the government of any State or political subdivision thereof, or by any agency or instrumentality of any of the foregoing. The term “governmental plan” also includes any plan to which the Railroad Retirement Act of 1935 or 1937 applies, and which is financed by contributions <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t45/s215/s228a">45 USC 215 note, 228a.</ref></p></sidenote> required under that Act and any plan of an international <page identifier="/us/stat/88/838">88 <inline class="smallCaps">Stat.</inline> 838</page> organization which is exempt from taxation under the provisions of the International Organizations Immunities Act (59 Stat. 669).<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t22/s288">22 USC 288</ref> note.</p></sidenote></content></paragraph> <paragraph class="indent0 fontsize10"><num value="33">(33)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">The term “church plan” means (i) a plan established and maintained for its employees by a church or by a convention or association of churches which is exempt from tax under section 501 of the Internal Revenue Code of 1954, or (ii) a plan described in subparagraph <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> (C).</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <chapeau>The term “church plan” (notwithstanding the provisions of subparagraph (A)) does not include a plan—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>which is established and maintained primarily for the benefit of employees (or their beneficiaries) of such church or convention or association of churches who are employed in connection with one or more unrelated trades or businesses (within the meaning of section 513 of the Internal Revenue Code of 1954), or<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s513">26 USC 513.</ref></p></sidenote></content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>which is a plan maintained by more than one employer, if one or more of the employers in the plan is not a church (or a convention or association of churches) which is exempt from tax under section 501 of the Internal Revenue Code of 1954.</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <content>Notwithstanding the provisions of subparagraph (B)(ii), a plan in existence on January 1, 1974, shall be treated as a “church plan” if it is established and maintained by a church or convention or association of churches for its employees and employees of one or more agencies of such church (or convention or association) for the employees of such church (or convention or association) and the employees of one or more agencies of such church (or convention or association), and if such church (or convention or association) and each such agency is exempt from tax under section 501 of the Internal Revenue Code of 1954. The first sentence of this subparagraph shall not apply to any plan maintained for employees of an agency with respect to which the plan was not maintained on January 1, 1974. The first sentence of this subparagraph shall not apply with respect to any plan for any plan year beginning after December 31, 1982.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="34">(34)</num> <content>The term “individual account plan” or “defined contribution plan” means a pension plan which provides for an individual account for each participant and for benefits based solely upon the amount contributed to the participant’s account, and any income, expenses, gains and losses, and any forfeitures of accounts of other participants which may be allocated to such participant’s account.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="35">(35)</num> <chapeau>The term “defined benefit plan” means a pension plan other than an individual account plan; except that a pension plan which is not an individual account plan and which provides a benefit derived from employer contributions which is based partly on the balance of the separate account of a participant—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>for the purposes of section 202, shall be treated as an individual <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 853.</p></sidenote> account plan, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>for the purposes of paragraph (23) of this section and section 204, shall be treated as an individual account plan to the <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 858.</p></sidenote> extent benefits are based upon the separate account of a participant and as a defined benefit plan with respect to the remaining portion of benefits under the plan.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="36">(36)</num> <content>The term “excess benefit plan” means a plan maintained by an employer solely for the purpose of providing benefits for certain employees in excess of the limitations on contributions and benefits imposed by section 415 of the Internal Revenue Code of 1954 on plans <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 979.</p></sidenote> to which that section applies, without regard to whether the plan is funded. To the extent that a separable part of a plan (as determined by the Secretary of Labor) maintained by an employer is maintained for such purpose, that part shall be treated as a separate plan which is an excess benefit plan.</content></paragraph> <page identifier="/us/stat/88/839">88 <inline class="smallCaps">Stat.</inline> 839</page> <paragraph class="indent0 fontsize10"><num value="37">(37)</num><subparagraph class="inline"><num value="A">(A)</num> <chapeau class="inline">The term “multiemployer plan” means a plan—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>to which more than one employer is required to contribute,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>which is maintained pursuant to one or more collective-bargaining agreements between an employee organization and more than one employer,</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>under which the amount of contributions made under the plan for a plan year by each employer making such contributions is less than 50 percent of the aggregate amount of contributions made under the plan for that plan year by all employers making such contributions,</content></clause> <clause class="indentUp1 fontsize10"><num value="iv">(iv)</num><content>under which benefits are payable with respect to each participant without regard to the cessation of contributions by the employer who had employed that participant except to the extent that such benefits accrued as a result of service with the employer before such employer was required to contribute to such plan, and</content></clause> <clause class="indentUp1 fontsize10"><num value="v">(v)</num> <content>which satisfies such other requirements as the Secretary may by regulations prescribe.</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <chapeau>For purposes of this paragraph—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>if a plan is a multiemployer plan within the meaning of subparagraph (A) for any plan year, clause (iii) of subparagraph (A) shall be applied by substituting “75 percent” for “50 percent” for each subsequent plan year until the first plan year following a plan year in which the plan had one employer who made contributions of 75 percent or more of the aggregate amount of contributions made under the plan for that plan year by all employers making such contributions, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>all corporations which are members of a controlled group of corporations (within the meaning of section 1563(a) of the Internal Revenue Code of 1954, determined without regard to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1563">26 USC 1563.</ref></p></sidenote> section 1563(e)(3)(C) of such Code) shall be deemed to be one employer.</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="38">(38)</num> <chapeau>The term “investment manager” means any fiduciary (other than a trustee or named fiduciary, as defined in section 402(a)(2))—<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 875.</p></sidenote></chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>who has the power to manage, acquire, or dispose of any asset of a plan;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>who is (i) registered as an investment adviser under the Investment Advisers Act of 1940; (ii) is a bank, as defined in <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s80b–20">15 USC 80b–20.</ref></p></sidenote> that Act; or (iii) is an insurance company qualified to perform services described in subparagraph (A) under the laws of more than one State; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>has acknowledged in writing that he is a fiduciary with respect to the plan.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="39">(39)</num> <content>The terms “plan year” and “fiscal year of the plan” mean with respect to a plan, calendar, policy, or fiscal year on which the records of the plan are kept.</content></paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">coverage</inline></heading> <num value="4"><inline class="smallCaps">Sec.</inline> 4.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Except as provided in subsection (b) and in sections <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1003">29 USC 1003.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> pp. 852, 868 874.</p></sidenote> 201, 301, and 401, this title shall apply to any employee benefit plan if it is established or maintained—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by any employer engaged in commerce or in any industry or activity affecting commerce; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by any employee organization or organizations representing employees engaged in commerce or in any industry or activity affecting commerce; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by both.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>The provisions of this title shall not apply to any employee benefit plan if—</chapeau> <page identifier="/us/stat/88/840">88 <inline class="smallCaps">Stat.</inline> 840</page> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>such plan is a governmental plan (as defined in section 3(32));</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>such plan is a church plan (as defined in section 3(33)) with respect to which no election has been made under section 410(d) of the Internal Revenue Code of 1954;<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 898.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>such plan is maintained solely for the purpose of complying with applicable workmen’s compensation laws or unemployment compensation or disability insurance laws;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>such plan is maintained outside of the United States primarily for the benefit of persons substantially all of whom are nonresident aliens; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>such plan is an excess benefit plan (as defined in section 3(36)) and is unfunded.</content></paragraph></subsection> </section> </subtitle> <subtitle> <num value="B"><inline class="smallCaps">Subtitle B</inline>—</num><heading><inline class="smallCaps">Regulatory Provisions</inline></heading> <part> <num value="1">Part 1—</num><heading>Reporting and Disclosure</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">duty of disclosure and reporting</inline></heading> <num value="101"><inline class="smallCaps">Sec.</inline> 101.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The administrator of each employee benefit plan shall <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1021">29 USC 1021.</ref></p></sidenote> cause to be furnished in accordance with section 104(b) to each participant covered under the plan and to each beneficiary who is receiving benefits under the plan—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>a summary plan description described in section 102(a)(1); and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the information described in section 104(b)(3) and 105(a) and (c).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>The administrator shall, in accordance with section 104(a), file with the Secretary—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the summary plan description described in section 102(a)(1);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>a plan description containing the matter required in section 102(b);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>modifications and changes referred to in section 102(a)(2);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>the annual report containing the information required by section 103; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>terminal and supplementary reports as required by subsection (c) of this section.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Each administrator of an employee pension benefit plan <sidenote><p class="indent0 firstIndent1 fontsize8">Terminal reports.</p></sidenote> which is winding up its affairs (without regard to the number of participants remaining in the plan) shall, in accordance with regulations prescribed by the Secretary, file such terminal reports as the Secretary may consider necessary. A copy of such report shall also be filed with the Pension Benefit Guaranty Corporation.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Secretary may require terminal reports to be filed with regard to any employee welfare benefit plan which is winding up its affairs in accordance with regulations promulgated by the Secretary.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The Secretary may require that a plan described in paragraph (1) or (2) file a supplementary or terminal report with the annual report in the year such plan is terminated and that a copy of such supplementary or terminal report in the case of a plan described in paragraph (1) be also filed with the Pension Benefit Guaranty Corporation.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <heading><inline class="smallCaps">Cross References.</inline>—</heading> <content> <list> <listItem class="indentUp2 fontsize8"><listContent class="indentUp1"><b>For regulations relating to coordination of reports to the Secretaries of Labor and the Treasury, see section 3004.</b></listContent></listItem> </list> </content> </subsection> </section> <page identifier="/us/stat/88/841">88 <inline class="smallCaps">Stat.</inline> 841</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">plan description and summary plan description</inline></heading> <num value="102"><inline class="smallCaps">Sec.</inline> 102.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">A summary plan description of any employee <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1022">29 USC 1022.</ref></p></sidenote> benefit plan shall be furnished to participants and beneficiaries as provided in section 104(b). The summary plan description shall include the information described in subsection (b), shall be written in a manner calculated to be understood by the average plan participant, and shall be sufficiently accurate and comprehensive to reasonably apprise such participants and beneficiaries of their rights and obligations under the plan. A summary of any material modification in the terms of the plan and any change in the information required under subsection (b) shall be written in a manner calculated to be understood by the average plan participant and shall be furnished in accordance with section 104(b)(1).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>A plan description (containing the information required by subsection (b)) of any employee benefit plan shall be prepared on forms prescribed by the Secretary, and shall be filed with the Secretary as required by section 104(a)(1). Any material modification in the terms of the plan and any change in the information described in subsection (b) shall be filed in accordance with section 104(a)(1)(D).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The plan description and summary plan description shall contain the following information: The name and type of administration of the plan; the name and address of the person designated as agent for the service of legal process, if such person is not the administrator; the name and address of the administrator; names, titles, and addresses of any trustee or trustees (if they are persons different from the administrator); a description of the relevant provisions of any applicable collective bargaining agreement; the plan’s requirements respecting eligibility for participation and benefits; a description of the provisions providing for nonforfeitable pension benefits; circumstances which may result in disqualification, ineligibility, or denial or loss of benefits; the source of financing of the plan and the identity of any organization through which benefits are provided; the date of the end of the plan year and whether the records of the plan are kept on a calendar, policy, or fiscal year basis; the procedures to be followed in presenting claims for benefits under the plan and the remedies available under the plan for the redress of claims which are denied in whole or in part (including procedures required under section 503 of this Act).</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">annual reports</inline></heading> <num value="103"><inline class="smallCaps">Sec.</inline> 103.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">An annual report shall be published with <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1023">29 USC 1023.</ref></p></sidenote> respect to every employee benefit plan to which this part applies. Such report shall be filed with the Secretary in accordance with section 104(a), and shall be made available and furnished to participants in accordance with section 104(b).</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <chapeau>The annual report shall include the information described in subsections (b) and (c) and where applicable subsections (d) and (e) and shall also include—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>a financial statement and opinion, as required by paragraph (3) of this subsection, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>an actuarial statement and opinion, as required by paragraph (4) of this subsection.</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>If some or all of the information necessary to enable the administrator to comply with the requirements of this title is maintained by—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>an insurance carrier or other organization which provides some or all of the benefits under the plan, or holds assets of the plan in a separate account,</content></subparagraph> <page identifier="/us/stat/88/842">88 <inline class="smallCaps">Stat.</inline> 842</page> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>a bank or similar institution which holds some or all of the assets of the plan in a common or collective trust or a separate trust, or custodial account, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>a plan sponsor as defined in section 3(16)(B),</content></subparagraph> <continuation class="indent0 fontsize10">such carrier, organization, bank, institution, or plan sponsor shall transmit and certify the accuracy of such information to the administrator within 120 days after the end of the plan year (or such other date as may be prescribed under regulations of the Secretary).</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">Except as provided in subparagraph (C), the administrator <sidenote><p class="indent0 firstIndent1 fontsize8">Financial statements, examination.</p></sidenote> of an employee benefit plan shall engage, on behalf of all plan participants, an independent qualified public accountant, who shall conduct such an examination of any financial statements of the plan, and of other books and records of the plan, as the accountant may deem necessary to enable the accountant to form an opinion as to whether the financial statements and schedules required to be included in the annual report by subsection (b) of this section are presented fairly in conformity with generally accepted accounting principles applied on a basis consistent with that of the preceding year. Such examination shall be conducted in accordance with generally accepted auditing standards, and shall involve such tests of the books and records of the plan as are considered necessary by the independent qualified public accountant. The independent qualified public accountant shall also offer his opinion as to whether the separate schedules specified in subsection (b)(3) of this section and the summary material required under section 104(b)(3) present fairly, and in all material respects the information contained therein when considered in conjunction with the financial statements taken as a whole. The opinion by the independent qualified public accountant shall be made a part of the annual report. In a case where a plan is not required to file an annual report, the requirements of this paragraph shall not apply. In <sidenote><p class="indent0 firstIndent1 fontsize8">Waiver.</p></sidenote> a case where by reason of section 104(a)(2) a plan is required only to file a simplified annual report, the Secretary may waive the requirements of this paragraph.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>In offering his opinion under this section the accountant may rely on the correctness of any actuarial matter certified to by an enrolled actuary, if he so states his reliance.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <content>The opinion required by subparagraph (A) need not be expressed as to any statements required by subsection (b)(3)(G) prepared by a bank or similar institution or insurance carrier regulated and supervised and subject to periodic examination by a State or Federal agency if such statements are certified by the bank, similar institution, or insurance carrier as accurate and are made a part of the annual report.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="D">(D)</num> <chapeau>For purposes of this title, the term “qualified public accountant” <sidenote><p class="indent0 firstIndent1 fontsize8">“Qualified public accountant.”</p></sidenote> means—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>a person who is a certified public accountant, certified by a regulatory authority of a State;</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>a person who is a licensed public accountant, licensed by a regulatory authority of a State; or</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>a person certified by the Secretary as a qualified public accountant in accordance with regulations published by him for a person who practices in States where there is no certification or licensing procedure for accountants.</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">The administrator of an employee pension benefit plan subject <sidenote><p class="indent0 firstIndent1 fontsize8">Enrolled actuary.</p></sidenote> to the reporting requirement of subsection (d) of this section shall engage, on behalf of all plan participants, an enrolled actuary who shall be responsible for the preparation of the materials comprising the actuarial statement required under subsection (d) of this section. In a case where a plan is not required to file an annual report, the <page identifier="/us/stat/88/843">88 <inline class="smallCaps">Stat.</inline> 843</page> requirement of this paragraph shall not apply, and, in a case where by reason of section 104(a)(2), a plan is required only to file a simplified report, the Secretary may waive the requirement of this paragraph.<sidenote><p class="indent0 firstIndent1 fontsize8">Waiver.</p></sidenote></content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <chapeau>The enrolled actuary shall utilize such assumptions and techniques as are necessary to enable him to form an opinion as to whether the contents of the matters reported under subsection (d) of this section—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>are in the aggregate reasonably related to the experience of the plan and to reasonable expectations; and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>represent his best estimate of anticipated experience under the plan.</content></clause> <continuation class="indent0 fontsize10">The opinion by the enrolled actuary shall be made with respect to, and shall be made a part of, each annual report.</continuation></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <content>For purposes of this title, the term “enrolled actuary” means <sidenote><p class="indent0 firstIndent1 fontsize8">“Enrolled actuary.”</p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1002.</p></sidenote> an actuary enrolled under subtitle C of title III of this Act.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="D">(D)</num> <content>In making a certification under this section the enrolled actuary may rely on the correctness of any accounting matter under section 103(b) as to which any qualified public accountant has expressed an opinion, if he so states his reliance.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>An annual report under this section shall include a financial <sidenote><p class="indent0 firstIndent1 fontsize8">Financial statement.</p></sidenote> statement containing the following information:</chapeau> <paragraph class="indent0 fontsize10"><num value="1">(1)</num> <content>With respect to an employee welfare benefit plan: a statement of assets and liabilities; a statement of changes in fund balance; and a statement of changes in financial position. In the notes to financial statements, disclosures concerning the following items shall be considered by the accountant: a description of the plan including any significant changes in the plan made during the period and the impact of such changes on benefits; a description of material lease commitments, other commitments, and contingent liabilities; a description of agreements and transactions with persons known to be parties in interest; a general description of priorities upon termination of the plan; information concerning whether or not a tax ruling or determination letter has been obtained; and any other matters necessary to fully and fairly present the financial statements of the plan.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>With respect to an employee pension benefit plan: a statement of assets and liabilities, and a statement of changes in net assets available for plan benefits which shall include details of revenues and expenses and other changes aggregated by general source and application. In the notes to financial statements, disclosures concerning the following items shall be considered by the accountant: a description of the plan including any significant changes in the plan made during the period and the impact of such changes on benefits; the funding policy (including policy with respect to prior service cost), and any changes in such policies during the year; a description of any significant changes in plan benefits made during the period; a description of material lease commitments, other commitments, and contingent liabilities; a description of agreements and transactions with persons known to be parties in interest; a general description of priorities upon termination of the plan; information concerning whether or not a tax ruling or determination letter has been obtained; and any other matters necessary to fully and fairly present the financial statements of such pension plan.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <chapeau>With respect to all employee benefit plans, the statement required under paragraph (1) or (2) shall have attached the following information in separate schedules:</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>a statement of the assets and liabilities of the plan aggregated <sidenote><p class="indent0 firstIndent1 fontsize8">Assets and liabilities.</p></sidenote> by categories and valued at their current value, and the same data displayed in comparative form for the end of the previous fiscal year of the plan;</content></subparagraph> <page identifier="/us/stat/88/844">88 <inline class="smallCaps">Stat.</inline> 844</page> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>a statement of receipts and disbursements during the preceding <sidenote><p class="indent0 firstIndent1 fontsize8">Receipts and disbursements.</p></sidenote> twelve-month period aggregated by general sources and applications;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>a schedule of all assets held for investment purposes <sidenote><p class="indent0 firstIndent1 fontsize8">Assets for investment.</p></sidenote> aggregated and identified by issuer, borrower, or lessor, or similar party to the transaction (including a notation as to whether such party is known to be a party in interest), maturity date, rate of interest, collateral, par or maturity value, cost, and current value;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>a schedule of each transaction involving a person known <sidenote><p class="indent0 firstIndent1 fontsize8">Parties in interest, transactions.</p></sidenote> to be party in interest, the identity of such party in interest and his relationship or that of any other party in interest to the plan, a description of each asset to which the transaction relates; the purchase or selling price in case of a sale or purchase, the rental in case of a lease, or the interest rate and maturity date in case of a loan; expenses incurred in connection with the transaction; the cost of the asset, the current value of the asset, and the net gain (or loss) on each transaction;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">(E)</num> <content>a schedule of all loans or fixed income obligations which <sidenote><p class="indent0 firstIndent1 fontsize8">Loans or fixed income obligations in default.</p></sidenote> were in default as of the close of the plan’s fiscal year or were classified during the year as uncollectable and the following information with respect to each loan on such schedule (including a notation as to whether parties involved are known to be parties in interest): the original principal amount of the loan, the amount of principal and interest received during the reporting year, the unpaid balance, the identity and address of the obligor, a detailed description of the loan (including date of making and maturity, interest rate, the type and value of collateral, and other material terms), the amount of principal and interest overdue (if any) and an explanation thereof;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="F">(F)</num> <content>a list of all leases which were in default or were classified <sidenote><p class="indent0 firstIndent1 fontsize8">Leases in default.</p></sidenote> during the year as uncollectable; and the following information with respect to each lease on such schedule (including a notation as to whether parties involved are known to be parties in interest): the type of property leased (and, in the case of fixed assets such as land, buildings, leasehold, and so forth, the location of the property), the identity of the lessor or lessee from or to whom the plan is leasing, the relationship of such lessors and lessees, if any, to the plan, the employer, employee organization, or any other party in interest, the terms of the lease regarding rent, taxes, insurance, repairs, expenses, and renewal options; the date the leased property was purchased and its cost, the date the property was leased and its approximate value at such date, the gross rental receipts during the reporting period, expenses paid for the leased property during the reporting period, the net receipts from the lease, the amounts in arrears, and a statement as to what steps have been taken to collect amounts due or otherwise remedy the default;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="G">(G)</num> <content>if some or all of the assets of a plan or plans are held in a <sidenote><p class="indent0 firstIndent1 fontsize8">Assets and liabilities.</p></sidenote> common or collective trust maintained by a bank or similar institution or in a separate account maintained by an insurance carrier or a separate trust maintained by a bank as trustee, the report shall include the most recent annual statement of assets and liabilities of such common or collective trust, and in the case of a separate account or a separate trust, such other information as is required by the administrator in order to comply with this subsection; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="H">(H)</num> <chapeau>a schedule of each reportable transaction, the name of each <sidenote><p class="indent0 firstIndent1 fontsize8">Reportable transactions.</p></sidenote> party to the transaction (except that, in the case of an acquisition or sale of a security on the market, the report need not identify <page identifier="/us/stat/88/845">88 <inline class="smallCaps">Stat.</inline> 845</page> the person from whom the security was acquired or to whom it was sold) and a description of each asset to which the transaction applies; the purchase or selling price in case of a sale or purchase, the rental in case of a lease, or the interest rate and maturity date in case of a loan; expenses incurred in connection with the transaction; the cost of the asset, the current value of the asset, and the net gain (or loss) on each transaction. For purposes of the preceding <sidenote><p class="indent0 firstIndent1 fontsize8">“Reportable transaction.”</p></sidenote> sentence, the term “reportable transaction” means a transaction to which the plan is a party if such transaction is—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>a transaction involving an amount in excess of 3 percent of the current value of the assets of the plan;</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>any transaction (other than a transaction respecting a security) which is part of a series of transactions with or in conjunction with a person in a plan year, if the aggregate amount of such transactions exceeds 3 percent of the current value of the assets of the plan;</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>a transaction which is part of a series of transactions respecting one or more securities of the same issuer, if the aggregate amount of such transactions in the plan year exceeds 3 percent of the current value of the assets of the plan; or</content></clause> <clause class="indentUp1 fontsize10"><num value="iv">(iv)</num> <content>a transaction with or in conjunction with a person respecting a security, if any other transaction with or in conjunction with such person in the plan year respecting a security is required to be reported by reason of clause (i).</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>The Secretary may, by regulation, relieve any plan from filing a copy of a statement of assets and liabilities (or other information) described in paragraph (3)(G) if such statement and other information is filed with the Secretary by the bank or insurance carrier which maintains the common or collective trust or separate account.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>The administrator shall furnish as a part of a report under this section the following information:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>The number of employees covered by the plan.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>The name and address of each fiduciary.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>Except in the case of a person whose compensation is minimal (determined under regulations of the Secretary) and who performs solely ministerial duties (determined under such regulations), the name of each person (including but not limited to, any consultant, broker, trustee, accountant, insurance carrier, actuary, administrator, investment manager, or custodian who rendered services to the plan or who had transactions with the plan) who received directly or indirectly compensation from the plan during the preceding year for services rendered to the plan or its participants, the amount of such compensation, the nature of his services to the plan or its participants, his relationship to the employer of the employees covered by the plan, or the employee organization, and any other office, position, or employment he holds with any party in interest.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>An explanation of the reason for any change in appointment of trustee, accountant, insurance carrier, enrolled actuary, administrator, investment manager, or custodian.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>Such financial and actuarial information including but not limited to the material described in subsections (b) and (d) of this section as the Secretary may find necessary or appropriate.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <chapeau>With respect to an employee pension benefit plan (other than <sidenote><p class="indent0 firstIndent1 fontsize8">Actuarial statement.</p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 868.</p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1014.</p></sidenote> (A) a profit sharing, savings, or other plan, which is an individual account plan, (B) a plan described in section 301(b), or (C) a plan described both in section 4021(b) and in paragraph (1), (2), (3), (4), (5), (6), or (7) of section 301(a)) an annual report under this <page identifier="/us/stat/88/846">88 <inline class="smallCaps">Stat.</inline> 846</page> section for a plan year shall include a complete actuarial statement applicable to the plan year which shall include the following:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>The date of the plan year, and the date of the actuarial valuation applicable to the plan year for which the report is filed.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>The date and amount of the contribution (or contributions) received by the plan for the plan year for which the report is filed and contributions for prior plan years not previously reported.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>The following information applicable to the plan year for which the report is filed: the normal costs, the accrued liabilities, an identification of benefits not included in the calculation; a statement of the other facts and actuarial assumptions and methods used to determine costs, and a justification for any change in actuarial assumptions or cost methods; and the minimum contribution required under section 302.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 869.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>The number of participants and beneficiaries, both retired and nonretired, covered by the plan.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>The current value of the assets accumulated in the plan, and the present value of the assets of the plan used by the actuary in any computation of the amount of contributions to the plan required under section 302 and a statement explaining the basis of such valuation of present value of assets.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>The present value of all of the plan’s liabilities for nonforfeitable pension benefits allocated by the termination priority categories as set forth in section 4044 of this Act, and the actuarial <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1025.</p> <p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> assumptions used in these computations. The Secretary shall establish regulations defining (for purposes of this section) “termination priority categories” and acceptable methods, including approximate methods, for allocating the plan’s liabilities to such termination priority categories.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>A certification of the contribution necessary to reduce the accumulated funding deficiency to zero.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <chapeau>A statement by the enrolled actuary—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>that to the best of his knowledge the report is complete and accurate, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the requirements of section 302(c)(3) (relating to reasonable actuarial assumptions and methods) have been complied with.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">(9)</num> <content>A copy of the opinion required by subsection (a)(4).</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="10">(10)</num> <content>Such other information regarding the plan as the Secretary may by regulation require.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="11">(11)</num> <content>Such other information as may be necessary to fully and fairly disclose the actuarial position of the plan.</content></paragraph> <continuation class="indent0 fontsize10">Such actuary shall make an actuarial valuation of the plan for every third plan year, unless he determines that a more frequent valuation is necessary to support his opinion under subsection (a)(4) of this section.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <chapeau>If some or all of the benefits under the plan are purchased from <sidenote><p class="indent0 firstIndent1 fontsize8">Insurance company statement.</p></sidenote> and guaranteed by an insurance company, insurance service, or other similar organization, a report under this section shall include a statement from such insurance company, service, or other similar organization covering the plan year and enumerating—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the premium rate or subscription charge and the total premium or subscription charges paid to each such carrier, insurance service, or other similar organization and the approximate number of persons covered by each class of such benefits; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the total amount of premiums received, the approximate number of persons covered by each class of benefits, and the total claims paid by such company, service, or other organization; dividends or retroactive rate adjustments, commissions, and adminis-<page identifier="/us/stat/88/847">88 <inline class="smallCaps">Stat.</inline> 847</page>trative service or other fees or other specific acquisition costs paid by such company, service, or other organization; any amounts held to provide benefits after retirement; the remainder of such premiums; and the names and addresses of the brokers, agents, or other persons to whom commissions or fees were paid, the amount paid to each, and for what purpose. If any such company, service, or other organization does not maintain separate experience records covering the specific groups it serves, the report shall include in lieu of the information required by the foregoing provisions of this paragraph (A) a statement as to the basis of its premium rate or subscription charge, the total amount of premiums or subscription charges received from the plan, and a copy of the financial report of the company, service, or other organization and (B) if such company, service, or organization incurs specific costs in connection with the acquisition or retention of any particular plan or plans, a detailed statement of such costs.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">filing with secretary and furnishing information to participants</inline></heading> <num value="104"><inline class="smallCaps">Sec.</inline> 104.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">The administrator of any employee benefit plan <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1024">29 USC 1024.</ref></p></sidenote> subject to this part shall file with the Secretary—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the annual report for a plan year within 210 days after the <sidenote><p class="indent0 firstIndent1 fontsize8">Annual report.</p></sidenote> close of such year (or within such time as may be required by regulations promulgated by the Secretary in order to reduce duplicative filing);</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the plan description within 120 days after such plan becomes subject to this part and an updated plan description, no more frequently than once every 5 years, as the Secretary may require;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>a copy of the summary plan description at the time such summary plan description is required to be furnished to participants and beneficiaries pursuant to subsection (b)(1)(B) of this section; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>modifications and changes referred to in section 102(a)(2) within 60 days after such modification or change is adopted or occurs, as the case may be.</content></subparagraph> <continuation class="indent0 fontsize10">The Secretary shall make copies of such plan descriptions, summary plan descriptions, and annual reports available for inspection in the public document room of the Department of Labor. The administrator shall also furnish to the Secretary, upon request, any documents relating to the employee benefit plan, including but not limited to the bargaining agreement, trust agreement, contract, or other instrument under which the plan is established or operated.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">With respect to annual reports required to be filed with the Secretary under this part, he may by regulation prescribe simplified annual reports for any pension plan which covers less than 100 participants. In addition, and without limiting the foregoing sentence, the Secretary may waive or modify the requirements of section 103(d)(6) in such cases or categories of cases as to which he finds that (i) the interests of the plan participants are not harmed thereby and (ii) the expense of compliance with the specific requirements of section 103(d)(6) is not justified by the needs of the participants, the Pension Benefit Guaranty Corporation, and the Department of Labor for some portion or all of the information otherwise required under section 103(d)(6).</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>Nothing contained in this paragraph shall preclude the Secretary from requiring any information or data from any such plan to which this part applies where he finds such data or information is necessary to carry out the purposes of this title nor shall the Secretary <page identifier="/us/stat/88/848">88 <inline class="smallCaps">Stat.</inline> 848</page> be precluded from revoking provisions for simplified reports for any such plan if he finds it necessary to do so in order to carry out the objectives of this title.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The Secretary may by regulation exempt any welfare benefit <sidenote><p class="indent0 firstIndent1 fontsize8">Reporting requirements, exemption.</p></sidenote> plan from all or part of the reporting and disclosure requirements of this title, or may provide for simplified reporting and disclosure if he finds that such requirements are inappropriate as applied to welfare benefit plans.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <chapeau>The Secretary may reject any filing under this section—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>if he determines that such filing is incomplete for purposes of this part; or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>if he determines that there is any material qualification by an accountant or actuary contained in an opinion submitted pursuant to section 103(a)(3)(A) or section 103(a)(4)(B).</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <chapeau>If the Secretary rejects a filing of a report under paragraph (4) and if a revised filing satisfactory to the Secretary is not submitted within 45 days after the Secretary makes his determination under paragraph (4) to reject the filing, and if the Secretary deems it in the best interest of the participants, he may take any one or more of the following actions—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>retain an independent qualified public accountant (as defined in section 103(a)(3)(D)) on behalf of the participants to perform an audit,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>retain an enrolled actuary (as defined in section 103(a)(4)(C) of this Act) on behalf of the plan participants, to prepare an actuarial statement.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>bring a civil action for such legal or equitable relief as may <sidenote><p class="indent0 firstIndent1 fontsize8">Civil Action.</p></sidenote> be appropriate to enforce the provisions of this part, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>take any other action authorized by this title.</content></subparagraph> <continuation class="indent0 fontsize10">The administrator shall permit such accountant or actuary to inspect whatever books and records of the plan are necessary for such audit. The plan shall be liable to the Secretary for the expenses for such audit or report, and the Secretary may bring an action against the plan in any court of competent jurisdiction to recover such expenses.</continuation></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>Publication of the summary plan descriptions and annual <sidenote><p class="indent0 firstIndent1 fontsize8">Summary plan descriptions and annual reports, publication.</p></sidenote> reports shall be made to participants and beneficiaries of the particular plan as follows:</chapeau> <paragraph class="indent0 fontsize10"><num value="1">(1)</num> <chapeau>The administrator shall furnish to each participant, and each beneficiary receiving benefits under the plan, a copy of the summary plan description, and all modifications and changes referred to in section 102(a)(1)—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>within 90 days after he becomes a participant, or (in the case of a beneficiary) within 90 days after he first receives benefits, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>if later, within 120 days after the plan becomes subject to this part.</content></subparagraph> <continuation class="indent0 fontsize10">The administrator shall furnish to each participant, and each beneficiary receiving benefits under the plan, every fifth year after the plan becomes subject to this part an updated summary plan description described in section 102 which integrates all plan amendments made within such five-year period, except that in a case where no amendments have been made to a plan during such five-year period this sentence shall not apply. Notwithstanding the foregoing, the administrator shall furnish to each participant, and to each beneficiary receiving benefits under the plan, the summary plan description described in section 102 every tenth year after the plan becomes subject to this part. If there is a modification or change described in section 102(a)(1), a summary description of such modification or change shall be <page identifier="/us/stat/88/849">88 <inline class="smallCaps">Stat.</inline> 849</page> furnished not later than 210 days after the end of the plan year in which the change is adopted to each participant, and to each beneficiary who is receiving benefits under the plan.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The administrator shall make copies of the plan description and the latest annual report and the bargaining agreement, trust agreement, contract, or other instruments under which the plan was established or is operated available for examination by any plan participant or beneficiary in the principal office of the administrator and in such other places as may be necessary to make available all pertinent information to all participants (including such places as the Secretary may prescribe by regulations).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Within 210 days after the close of the fiscal year of the plan, the administrator shall furnish to each participant, and to each beneficiary receiving benefits under the plan, a copy of the statements and schedules, for such fiscal year, described in subparagraphs (A) and (B) of section 103(b)(3) and such other material as is necessary to fairly summarize the latest annual report.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>The administrator shall, upon written request of any participant or beneficiary, furnish a copy of the latest updated summary plan description, plan description, and the latest annual report, any terminal report, the bargaining agreement, trust agreement, contract, or other instruments under which the plan is established or operated. The administrator may make a reasonable charge to cover the cost of furnishing such complete copies. The Secretary may by regulation prescribe the maximum amount which will constitute a reasonable charge under the preceding sentence.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The Secretary may by regulation require that the administrator of any employee benefit plan furnish to each participant and to each beneficiary receiving benefits under the plan a statement of the rights of participants and beneficiaries under this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <heading><inline class="smallCaps">Cross Reference</inline>—</heading> <content><list><listItem class="indentUp2 fontsize8"><listContent class="indentUp1"><b>For regulations respecting coordination of reports to the Secretaries of Labor and the Treasury, see section 3004.</b></listContent></listItem></list></content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">reporting of participant’s benefit rights</inline></heading> <num value="105"><inline class="smallCaps">Sec.</inline> 105.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Each administrator of an employee pension benefit <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1025">29 USC 1025.</ref></p></sidenote> plan shall furnish to any plan participant or beneficiary who so requests in writing, a statement indicating, on the basis of the latest available information—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the total benefits accrued, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the nonforfeitable pension benefits, if any, which have accrued, or the earliest date on which benefits will become nonforfeitable.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>In no case shall a participant or beneficiary be entitled under this section to receive more than one report described in subsection (a) during any one 12 month period.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Each administrator required to register under section 6057 of the Internal Revenue Code of 1954 shall, before the expiration of the <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 943.</p></sidenote> time prescribed for such registration, furnish to each participant described in subsection (a)(2)(C) of such section, an individual statement setting forth the information with respect to such participant required to be contained in the registration statement required by section 6057(a)(2) of such Code.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Subsection (a) of this section shall apply to a plan to which more than one unaffiliated employer is required to contribute only to the extent provided in regulations prescribed by the Secretary in coordination with the Secretary of the Treasury.</content></subsection> </section> <page identifier="/us/stat/88/850">88 <inline class="smallCaps">Stat.</inline> 850</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">reports made public information</inline></heading> <num value="106"><inline class="smallCaps">Sec.</inline> 106.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Except as provided in subsection (b), the contents of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1026">29 USC 1026.</ref></p></sidenote> the descriptions, annual reports, statements, and other documents filed with the Secretary pursuant to this part shall be public information and the Secretary shall make any such information and data available for inspection in the public document room of the Department of Labor. The Secretary may use the information and data for statistical and research purposes, and compile and publish such studies, analyses, reports, and surveys based thereon as he may deem appropriate.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Information described in section 105(a) and 105(c) with respect to a participant may be disclosed only to the extent that information respecting that participant’s benefits under title II of the Social Security Act may be disclosed under such Act.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401.</ref></p></sidenote></content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">retention of records</inline></heading> <num value="107"><inline class="smallCaps">Sec.</inline> 107.</num> <content>Every person subject to a requirement to file any description <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1027">29 USC 1027.</ref></p></sidenote> or report or to certify any information therefor under this title or who would be subject to such a requirement but for an exemption or simplified reporting requirement under section 104(a)(2) or (3) of this title shall maintain records on the matters of which disclosure is required which will provide in sufficient detail the necessary basic information and data from which the documents thus required may be verified, explained, or clarified, and checked for accuracy and completeness, and shall include vouchers, worksheets, receipts, and applicable resolutions, and shall keep such records available for examination for a period of not less than six years after the filing date of the documents based on the information which they contain, or six years after the date on which such documents would have been filed but for an exemption or simplified reporting requirement under section 104(a)(2) or (3).</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">reliance on administrative interpretations</inline></heading> <num value="108"><inline class="smallCaps">Sec.</inline> 108.</num> <content>In any criminal proceeding under section 501 based on any <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1028">29 USC 1028.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 891.</p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 888.</p></sidenote> act or omission in alleged violation of this part or section 412, no person shall be subject to any liability or punishment for or on account of the failure of such person to (1) comply with this part or section 412, if he pleads and proves that the act of omission complained of was in good faith, in conformity with, and in reliance on any regulation or written ruling of the Secretary, or (2) publish and file any information required by any provision of this part if he pleads and proves that he published and filed such information in good faith, and in conformity with any regulation or written ruling of the Secretary issued under this part regarding the filing of such reports. Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that (A) after such act or omission, such interpretation or opinion is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect, or (B) after publishing or filing the plan description, annual reports, and other reports required by this title, such publication or filing is determined by judicial authority not to be in conformity with the requirements of this part.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">forms</inline></heading> <num value="109"><inline class="smallCaps">Sec.</inline> 109.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Except as provided in subsection (b) of this section, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1029">29 USC 1029.</ref></p></sidenote> the Secretary may require that any information required under this title to be submitted to him, including but not limited to the information required to be filed by the administrator pursuant to section <page identifier="/us/stat/88/851">88 <inline class="smallCaps">Stat.</inline> 851</page> 103(b)(3) and (c), must be submitted on such forms as he may prescribe.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The financial statement and opinion required to be prepared by an independent qualified public accountant pursuant to section 103(a)(3)(A), the actuarial statement required to be prepared by an enrolled actuary pursuant to section 103(a)(4)(A) and the summary plan description required by section 102(a) shall not be required to be submitted on forms.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The Secretary may prescribe the format and content of the summary plan description, the summary of the annual report described in section 104(b)(3) and any other report, statements or documents (other than the bargaining agreement, trust agreement, contract, or other instrument under which the plan is established or operated), which are required to be furnished or made available to plan participants and beneficiaries receiving benefits under the plan.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">alternative methods of compliance</inline></heading> <num value="110"><inline class="smallCaps">Sec.</inline> 110.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Secretary on his own motion or after having <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1030">29 USC 1030.</ref></p></sidenote> received the petition of an administrator may prescribe an alternative method for satisfying any requirement of this part with respect to any pension plan, or class of pension plans, subject to such requirement if he determines—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>that the use of such alternative method is consistent with the purposes of this title and that it provides adequate disclosure to the participants and beneficiaries in the plan, and adequate reporting to the Secretary,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <chapeau>that the application of such requirement of this part would—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>increase the costs to the plan, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>impose unreasonable administrative burdens with respect to the operation of the plan, having regard to the particular characteristics of the plan or the type of plan involved; and</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>that the application of this part would be adverse to the interests of plan participants in the aggregate.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>An alternative method may be prescribed under subsection (a) by regulation or otherwise. If an alternative method is prescribed <sidenote><p class="indent0 firstIndent1 fontsize8">Notice and opportunity to present views.</p> <p class="indent0 firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> other than by regulation, the Secretary shall provide notice and an opportunity for interested persons to present their views, and shall publish in the Federal Register the provisions of such alternative method.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">repeal and effective date</inline></heading> <num value="111"><inline class="smallCaps">Sec.</inline> 111.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Welfare and Pension Plans Disclosure Act <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1031">29 USC 1031.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s301">29 USC 301</ref> note.</p></sidenote> is repealed except that such Act shall continue to apply to any conduct and events which occurred before the effective date of this part.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">Section 664 of title 18, United States Code, is amended by striking out “<quotedText>any such plan subject to the provisions of the Welfare and Pension Plans Disclosure Act</quotedText>” and inserting in lieu thereof “<quotedText>any employee benefit plan subject to any provision of title I of the Employee Retirement Income Security Act of 1974</quotedText>”.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num><clause class="inline"><num value="i">(i)</num> <content class="inline">Section 1027 of such title 18 is amended by striking out “<quotedText>Welfare and Pension Plans Disclosure Act</quotedText>” and inserting in lieu thereof “<quotedText>title I of the Employee Retirement Income Security Act of 1974</quotedText>”, and by striking out “<quotedText>Act</quotedText>” each place it appears and inserting in lieu thereof “<quotedText>title</quotedText>”.</content></clause> <clause class="indent0 fontsize10"><num value="ii">(ii)</num> <content>The heading for such section is amended by striking out “<inline class="smallCaps">welfare and pension plans disclosure act</inline>” and inserting in lieu thereof “<inline class="smallCaps">employee retirement income security act of 1974</inline>”.</content></clause> <page identifier="/us/stat/88/852">88 <inline class="smallCaps">Stat.</inline> 852</page> <clause class="indent0 fontsize10"><num value="iii">(iii)</num> <content>The table of sections of chapter 47 of such title 18 is amended by striking out “<quotedText>Welfare and Pension Plans Disclosure Act</quotedText>” in the item relating to section 1027 and inserting in lieu thereof “<quotedText>Employee Retirement Income Security Act of 1974</quotedText>”.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 829.</p></sidenote></content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <content>Section 1954 of such title 18 is amended by striking out “<quotedText>any plan subject to the provisions of the Welfare and Pension Plans Disclosure Act as amended</quotedText>” and inserting in lieu thereof “<quotedText>any employee welfare benefit plan or employee pension benefit plan, respectively, subject to any provision of title I of the Employee Retirement Income Security Act of 1974</quotedText>”; and by striking out “<quotedText>sections 3(3) and 5(b)(1) and (2) of the Welfare and Pension Plans Disclosure Act, as amended</quotedText>” and inserting in lieu thereof “<quotedText>sections 3(4) and (3)(16) of the Employee Retirement Income Security Act of 1974</quotedText>”.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="D">(D)</num> <content>Section 211 of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 441) is amended by striking out “<quotedText>Welfare and Pension Plans Disclosure Act</quotedText>” and inserting in lieu thereof “<quotedText>Employee Retirement Income Security Act of 1974</quotedText>”.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Except as provided in paragraph (2), this part (including <sidenote><p class="indent0 firstIndent1 fontsize8">Effective date.</p></sidenote> the amendments and repeals made by subsection (a)) shall take effect on January 1, 1975.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>In the case of a plan which has a plan year which begins before January 1, 1975, and ends after December 31, 1974, the Secretary may postpone by regulation the effective date of the repeal of any provision of the Welfare and Pension Plans Disclosure Act (and of any amendment made by subsection (a)(2)) and the effective date of any provision of this part, until the beginning of the first plan year of such plan which begins after January 1, 1975.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The provisions of this title authorizing the Secretary to promulgate regulations shall take effect on the date of enactment of this Act.</content></subsection> </section> </part> <part> <num value="2"><inline class="smallCaps">Part 2</inline>—</num><heading><inline class="smallCaps">Participation and Vesting</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">coverage</inline></heading> <num value="201"><inline class="smallCaps">Sec.</inline> 201.</num> <chapeau>This part shall apply to any employee benefit plan <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1051">29 USC 1051.</ref></p></sidenote> described in section 4(a) (and not exempted under section 4(b)) other than—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>an employee welfare benefit plan;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>a plan which is unfunded and is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <subparagraph class="inline"><num value="A">(A)</num> <content class="inline">a plan established and maintained by a society, order, or association described in section 501(c) (8) or (9) of the Internal Revenue Code of 1954, if no part of the contributions to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> or under such plan are made by employers of participants in such plan, or</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>a trust described in section 501(c)(18) of such Code;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>a plan which is established and maintained by a labor organization described in section 501(c)(5) of the Internal Revenue Code of 1954 and which does not at any time after the date of enactment of this Act provide for employer contributions;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>any agreement providing payments to a retired partner or a deceased partner’s successor in interest, as described in section 736 of the Internal Revenue Code of 1954;<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s736">26 USC 736.</ref></p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>an individual retirement account or annuity described in section 408 of the Internal Revenue Code of 1954, or a retirement <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 959.</p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 964.</p></sidenote> bond described in section 409 of such Code; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num><content>an excess benefit plan.</content></paragraph> </section> <page identifier="/us/stat/88/853">88 <inline class="smallCaps">Stat.</inline> 853</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">minimum participation standards</inline></heading> <num value="202"><inline class="smallCaps">Sec.</inline> 202.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num><subparagraph class="inline"><num value="A">(A)</num> <chapeau class="inline">No pension plan may require, as a condition of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1052">29 USC 1052.</ref></p></sidenote> participation in the plan, that an employee complete a period of service with the employer or employers maintaining the plan extending beyond the later of the following dates—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the date on which the employee attains the age of 25; or <sidenote><p class="indent0 firstIndent1 fontsize8">Age and service requirements.</p></sidenote></content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>the date on which he completes 1 year of service.</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num><clause class="inline"><num value="i">(i)</num> <content class="inline">In the case of any plan which provides that after not more than 3 years of service each participant has a right to 100 percent of his accrued benefit under the plan which is nonforfeitable at the time such benefit accrues, clause (ii) of subparagraph (A) shall be applied by substituting “3 years of service” for “1 year of service”.</content></clause> <clause class="indent0 fontsize10"><num value="ii">(ii)</num> <content>In the case of any plan maintained exclusively for employees of an educational institution (as defined in section 170(b)(1)(A)(ii) of the Internal Revenue Code of 1954) by an employer which is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s170">26 USC 170.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> exempt from tax under section 501(a) of such Code, which provides that each participant having at least 1 year of service has a right to 100 percent of his accrued benefit under the plan which is nonforfeitable at the time such benefit accrues, clause (i) of subparagraph (A) shall be applied by substituting “30” for “25”. This clause shall not apply to any plan to which clause (i) applies.</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>No pension plan may exclude from participation (on the basis of age) employees who have attained a specified age, unless—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <chapeau>the plan is a—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>defined benefit plan, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>target benefit plan (as defined under regulations prescribed by the Secretary of the Treasury), and</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>such employees begin employment with the employer after they have attained a specified age which is not more than 5 years before the normal retirement age under the plan.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">For purposes of this section, the term “year of service” <sidenote><p class="indent0 firstIndent1 fontsize8">“Year of service.”</p></sidenote> means a 12-month period during which the employee has not less than 1,000 hours of service. For purposes of this paragraph, computation of any 12-month period shall be made with reference to the date on which the employee’s employment commenced, except that, in accordance with regulations prescribed by the Secretary, such computation may be made by reference to the first day of a plan year in the case of an employee who does not complete 1,000 hours of service during the 12-month period beginning on the date his employment commenced.</content> </subparagraph><subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>In the case of any seasonal industry where the customary period of employment is less than 1,000 hours during a calendar year, the term “year of service” shall be such period as may be determined under regulations prescribed by the Secretary.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <content>For purposes of this section, the term “hour of service” means <sidenote><p class="indent0 firstIndent1 fontsize8">“Hour of service.”</p></sidenote> a time of service determined under regulations prescribed by the Secretary.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="D">(D)</num> <content>For purposes of this section, in the case of any maritime industry, 125 days of service shall be treated as 1,000 hours of service. The <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> Secretary may prescribe regulations to carry out the purposes of this subparagraph.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <chapeau>A plan shall be treated as not meeting the requirements of paragraph (1) unless it provides that any employee who has satisfied the minimum age and service requirements specified in such paragraph, and who is otherwise entitled to participate in the plan, commences participation in the plan no later than the earlier of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the first day of the first plan year beginning after the date on which such employee satisfied such requirements, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the date 6 months after the date on which he satisfied such requirements,</content></subparagraph> <page identifier="/us/stat/88/854">88 <inline class="smallCaps">Stat.</inline> 854</page> <continuation class="indent0 fontsize10">unless such employee was separated from the service before the date referred to in subparagraph (A) or (B), whichever is applicable.</continuation></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Except as otherwise provided in paragraphs (2), (3), and (4), all years of service with the employer or employers maintaining the plan shall be taken into account in computing the period of service for purposes of subsection (a)(1).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>In the case of any employee who has any 1-year break in service (as defined in section 203(b)(3)(A)) under the plan to which the service requirements of clause (i) of subsection (a)(1)(B) apply, if such employee has not satisfied such requirements, service before such break shall not be required to be taken into account.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>In computing an employee’s period of service for purposes of subsection (a)(1) in the case of any participant who has any 1-year break in service (as defined in section 203(b)(3)(A)), service before such break shall not be required to be taken into account under the plan until he has completed a year of service (as defined in subsection (a)(3)) after his return.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>In the case of an employee who does not have any nonforfeitable right to an accrued benefit derived from employer contributions, years of service with the employer or employers maintaining the plan before a break in service shall not be required to be taken into account in computing the period of service for purposes of subsection (a)(1) if the number of consecutive 1-year breaks in service equals or exceeds the aggregate number of such years of service before such break. Such aggregate number of years of service before such break shall be deemed not to include any years of service not required to be taken into account under this paragraph by reason of any prior break in service.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">minimum vesting standards</inline></heading> <num value="203"><inline class="smallCaps">Sec.</inline> 203.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Each pension plan shall provide that an employee’s <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1053">29 USC 1053.</ref></p></sidenote> right to his normal retirement benefit is nonforfeitable upon the attainment of normal retirement age and in addition shall satisfy the requirements of paragraphs (1) and (2) of this subsection.</chapeau> <paragraph class="indent0 fontsize10"><num value="1">(1)</num> <content>A plan satisfies the requirements of this paragraph if an employee’s rights in his accrued benefit derived from his own contributions are nonforfeitable.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>A plan satisfies the requirements of this paragraph if it satisfies the requirements of subparagraph (A), (B), or (C).</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>A plan satisfies the requirements of this subparagraph if an employee who has at least 10 years of service has a nonforfeitable right to 100 percent of his accrued benefit derived from employer contributions.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num><content>A plan satisfies the requirements of this subparagraph if an employee who has completed at least 5 years of service has a nonforfeitable right to a percentage of his accrued benefit derived from employer contributions which percentage is not less than the percentage determined under the following table: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="text-align:left; vertical-align:bottom">Years of service:</th> <th style="text-align:right; vertical-align:bottom">Nonforfeitable percentage</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">5</td> <td style="text-align:right; vertical-align:bottom">25</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">6</td> <td style="text-align:right; vertical-align:bottom">30</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">7</td> <td style="text-align:right; vertical-align:bottom">35</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">8</td> <td style="text-align:right; vertical-align:bottom">40</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">9</td> <td style="text-align:right; vertical-align:bottom">45</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">10</td> <td style="text-align:right; vertical-align:bottom">50</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">11</td> <td style="text-align:right; vertical-align:bottom">60</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">12</td> <td style="text-align:right; vertical-align:bottom">70</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">13</td> <td style="text-align:right; vertical-align:bottom">80</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">14</td> <td style="text-align:right; vertical-align:bottom">90</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">15 or more</td> <td style="text-align:right; vertical-align:bottom">100.</td> </tr> </tbody> </table> </content> </subparagraph> <page identifier="/us/stat/88/855">88 <inline class="smallCaps">Stat.</inline> 855</page> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num><clause class="inline"><num value="i">(i)</num> <content class="inline">A plan satisfies the requirements of this subparagraph if a participant who is not separated from the service, who has completed at least 5 years of service, and with respect to whom the sum of his age and years of service equals or exceeds 45, has a nonforfeitable right to a percentage of his accrued benefit derived from employer contributions determined under the following table: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="text-align:left; vertical-align:bottom">If years of service equal or exceed—</th> <th style="text-align:center; vertical-align:bottom">and sum of age and service equals or exceeds—</th> <th style="text-align:right; vertical-align:bottom">then the nonforfeitable percentage is—</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">5</td> <td style="text-align:center; vertical-align:bottom">45</td> <td style="text-align:right; vertical-align:bottom">50</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">6</td> <td style="text-align:center; vertical-align:bottom" leaders="yes">47</td> <td style="text-align:right; vertical-align:bottom">60</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">7</td> <td style="text-align:center; vertical-align:bottom" leaders="yes">49</td> <td style="text-align:right; vertical-align:bottom">70</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">8</td> <td style="text-align:center; vertical-align:bottom" leaders="yes">51</td> <td style="text-align:right; vertical-align:bottom">80</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">9</td> <td style="text-align:center; vertical-align:bottom" leaders="yes">53</td> <td style="text-align:right; vertical-align:bottom">90</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">10</td> <td style="text-align:center; vertical-align:bottom" leaders="yes">55</td> <td style="text-align:right; vertical-align:bottom">100.</td> </tr> </tbody> </table> </content> </clause> <clause class="indent0 fontsize10"><num value="ii">(ii)</num> <content>Notwithstanding clause (i), a plan shall not be treated as satisfying the requirements of this subparagraph unless any participant who has completed at least 10 years of service has a nonforfeitable right to not less than 50 percent of his accrued benefit derived from employer contributions and to not less than an additional 10 percent for each additional year of service thereafter.</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">A right to an accrued benefit derived from employer contributions shall not be treated as forfeitable solely because the plan provides that it is not payable if the participant dies (except in the case of a survivor annuity which is payable as provided in section 205).</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <chapeau>A right to an accrued benefit derived from employer contributions shall not be treated as forfeitable solely because the plan provides that the payment of benefits is suspended for such period as the employee is employed, subsequent to the commencement of payment of such benefits—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>in the case of a plan other than a multiemployer plan, by an employer who maintains the plan under which such benefits were being paid; and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>in the case of a multiemployer plan, in the same industry, in the same trade or craft, and the same geographic area covered by the plan, as when such benefits commenced.</content></clause> <continuation class="indent0 fontsize10">The Secretary shall prescribe such regulations as may be necessary to <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> carry out the purposes of this subparagraph, including regulations with respect to the meaning of the term “employed”.</continuation></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <content>A right to an accrued benefit derived from employer contributions shall not be treated as forfeitable solely because plan amendments may be given retroactive application as provided in section 302(c)(8).</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="D">(D)</num><clause class="inline"><num value="i">(i)</num> <content class="inline">A right to an accrued benefit derived from employer contributions shall not be treated as forfeitable solely because the plan provides that, in the case of a participant who does not have a nonforfeitable right to at least 50 percent of his accrued benefit derived from employer contributions, such accrued benefit may be forfeited on account of the withdrawal by the participant of any amount attributable to the benefit derived from mandatory contributions (as defined in the last sentence of section 204(c)(2)(C)) made by such participant.</content></clause> <clause class="indent0 fontsize10"><num value="ii">(ii)</num> <content>Clause (i) shall not apply to a plan unless the plan provides that any accrued benefit forfeited under a plan provision described in such clause shall be restored upon repayment by the participant of the full amount of the withdrawal described in such clause plus, in the case of a defined benefit plan, interest. Such interest shall be computed on such amount at the rate determined for purposes of section 204(c)(2)(C) (if such subsection applies) on the date of such <page identifier="/us/stat/88/856">88 <inline class="smallCaps">Stat.</inline> 856</page> repayment (computed annually from the date of such withdrawal). In the case of a defined contribution plan the plan provision required under this clause may provide that such repayment must be made before the participant has any 1-year break in service commencing after the withdrawal.</content></clause> <clause class="indent0 fontsize10"><num value="iii">(iii)</num> <content>In the case of accrued benefits derived from employer contributions which accrued before the date of the enactment of this Act, a right to such accrued benefit derived from employer contributions shall not be treated as forfeitable solely because the plan provides that an amount of such accrued benefit may be forfeited on account of the withdrawal by the participant of an amount attributable to the benefit derived from mandatory contributions, made by such participant before the date of the enactment of this Act if such amount forfeited is proportional to such amount withdrawn. This clause shall not apply to any plan to which any mandatory contribution is made after the date of the enactment of this Act. The Secretary of the <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> Treasury shall prescribe such regulations as may be necessary to carry out the purposes of this clause.</content></clause> <clause class="indent0 fontsize10"><num value="iv">(iv)</num> <content>For purposes of this subparagraph, in the case of any class-year plan, a withdrawal of employee contributions shall be treated as a withdrawal of such contributions on a plan year by plan year basis in succeeding order of time.</content></clause> <clause class="indent0 fontsize10"><num value="v">(v)</num> <heading><inline class="smallCaps">Cross Reference.</inline>—</heading> <content><list> <listItem class="indentUp2 fontsize8"><listContent class="indentUp1"><b>For nonforfeitably where the employee has a nonforfeitable right to at least 50 percent of his accrued benefit, see section 206(c).</b></listContent></listItem></list></content></clause></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">In computing the period of service under the plan for purposes of determining the nonforfeitable percentage under subsection (a)(2), all of an employee’s years of service with the employer or employers maintaining the plan shall be taken into account, except that the following may be disregarded:</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>years of service before age 22, except that in the case of a plan which does not satisfy subparagraph (A) or (B) of subsection (a)(2), the plan may not disregard any such year of service during which the employee was a participant;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>years of service during a period for which the employee declined to contribute to a plan requiring employee contributions;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>years of service with an employer during any period for which the employer did not maintain the plan or a predecessor plan, defined by the Secretary of the Treasury;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>service not required to be taken into account under paragraph (3);</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">(E)</num> <content>years of service before January 1, 1971, unless the employee has had at least 3 years of service after December 31, 1970; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="F">(F)</num> <content>years of service before this part first applies to the plan if such service would have been disregarded under the rules of the plan with regard to breaks in service, as in effect on the applicable date.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">For purposes of this section, except as provided in subparagraph <sidenote><p class="indent0 firstIndent1 fontsize8">“Year of service.”</p></sidenote> (C), the term “year of service” means a calendar year, plan year, or other 12-consecutive month period designated by the plan (and not prohibited under regulations prescribed by the Secretary) during which the participant has completed 1,000 hours of service.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>For purposes of this section, the term “hour of service” has the <sidenote><p class="indent0 firstIndent1 fontsize8">“Hour of service.”</p></sidenote> meaning provided by section 202(a)(3)(C).</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <content>In the case of any seasonal industry where the customary period of employment is less than 1,000 hours during a calendar year, the term “year of service” shall be such period as determined under regulations of the Secretary.</content></subparagraph> <page identifier="/us/stat/88/857">88 <inline class="smallCaps">Stat.</inline> 857</page> <subparagraph class="indent0 fontsize10"><num value="D">(D)</num> <content>For purposes of this section, in the case of any maritime industry, 125 days of service shall be treated as 1,000 hours of service. The <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> Secretary may prescribe regulations to carry out the purposes of this subparagraph.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">For purposes of this paragraph, the term “1-year break in <sidenote><p class="indent0 firstIndent1 fontsize8">“1-year break in service.”</p></sidenote> service” means a calendar year, plan year, or other 12-consecutive-month period designated by the plan (and not prohibited under regulations prescribed by the Secretary) during which the participant has not completed more than 500 hours of service.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>For purposes of paragraph (1), in the case of any employee who has any 1-year break in service, years of service before such break shall not be required to be taken into account until he has completed a year of service after his return.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <content>For purposes of paragraph (1), in the case of any participant in an individual account plan or an insured defined benefit plan which satisfies the requirements of subsection 204(b)(1)(F) who has any 1-year break in service, years of service after such break shall not be required to be taken into account for purposes of determining the nonforfeitable percentage of his accrued benefit derived from employer contributions which accrued before such break.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="D">(D)</num> <content>For purposes of paragraph (1), in the case of a participant who, under the plan, does not have any nonforfeitable right to an accrued benefit derived from employer contributions, years of service before any 1-year break in service shall not be required to be taken into account if the number of consecutive 1-year breaks in service equals or exceeds the aggregate number of such years of service prior to such break. Such aggregate number of years of service before such break shall be deemed not to include any years of service not required to be taken into account under this subparagraph by reason of any prior break in service.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <heading><inline class="smallCaps">Cross References.</inline>—</heading> <subparagraph class="indentUp2 fontsize8"><num value="A"><b>(A)</b></num> <content><b>For definitions of “accrued benefit” and “normal retirement age”, see sections 3 (23) and (24).</b></content></subparagraph> <subparagraph class="indentUp2 fontsize8"><num value="B"><b>(B)</b></num> <content><b>For effect of certain cash out distributions, see section 204(d)(1).</b></content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">A plan amendment changing any vesting schedule under <sidenote><p class="indent0 firstIndent1 fontsize8">Plan amendment.</p></sidenote> the plan shall be treated as not satisfying the requirements of subsection (a)(2) if the nonforfeitable percentage of the accrued benefit derived from employer contributions (determined as of the later of the date such amendment is adopted, or the date such amendment becomes effective) of any employee who is a participant in the plan is less than such nonforfeitable percentage computed under the plan without regard to such amendment.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>A plan amendment changing any vesting schedule under the plan shall be treated as not satisfying the requirements of subsection (a)(2) unless each participant having not less than 5 years of service is permitted to elect, within a reasonable period after adoption of such amendment, to have his nonforfeitable percentage computed under the plan without regard to such amendment.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Subsection (a) shall not apply to benefits which may not be provided for designated employees in the event of early termination of the plan under provisions of the plan adopted pursuant to regulations prescribed by the Secretary of the Treasury to preclude the discrimination prohibited by section 401(a)(4) of the Internal Revenue Code of 1954.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 938.</p></sidenote></content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The requirements of subsection (a)(2) shall be deemed to be satisfied in the case of a class year plan if such plan provides that 100 percent of each employee’s right to or derived from the contributions of the employer on his behalf with respect to any plan year are <page identifier="/us/stat/88/858">88 <inline class="smallCaps">Stat.</inline> 858</page> nonforfeitable not later than the end of the 5th plan year following the plan year for which such contributions were made. For purposes <sidenote><p class="indent0 firstIndent1 fontsize8">“Class year plan.”</p></sidenote> of this part, the term “class year plan” means a profit sharing, stock bonus, or money purchase plan which provides for the separate nonforfeitability of employees’ rights to or derived from the contributions for each plan year.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>A pension plan may allow for nonforfeitable benefits after a lesser period and in greater amounts than are required by this part.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">benefit accrual requirements</inline></heading> <num value="204"><inline class="smallCaps">Sec.</inline> 204.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Each pension plan shall satisfy the requirements of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1054">29 USC 1054.</ref></p></sidenote> subsection (b)(2), and in the case of a defined benefit plan shall also satisfy the requirements of subsection (b)(1).</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num><subparagraph class="inline"><num value="A">(A)</num> <chapeau class="inline">A defined benefit plan satisfies the requirements of this paragraph if the accrued benefit to which each participant is entitled upon his separation from the service is not less than—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>3 percent of the normal retirement benefit to which he would be entitled at the normal retirement age if he commenced participation at the earliest possible entry age under the plan and served continuously until the earlier of age 65 or the normal retirement age specified under the plan, multiplied by</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>the number of years (not in excess of 33⅓) of his participation in the plan.</content></clause> <continuation class="indent0 fontsize10">In the case of a plan providing retirement benefits based on compensation during any period, the normal retirement benefit to which a participant would be entitled shall be determined as if he continued to earn annually the average rate of compensation which he earned during consecutive years of service, not in excess of 10, for which his compensation was the highest. For purposes of this supragraph, social security benefits and all other relevant factors used to compute benefits shall be treated as remaining constant as of the current year for all years after such current year.</continuation></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <chapeau>A defined benefit plan satisfies the requirements of this paragraph of a particular plan year if under the plan the accrued benefit payable at the normal retirement age is equal to the normal retirement benefit and the annual rate at which any individual who is or could be a participant can accrue the retirement benefits payable at normal retirement age under the plan for any later plan year is not more than 133⅓ percent of the annual rate at which he can accrue benefits for any plan year beginning on or after such particular plan year and before such later plan year. For purposes of this subparagraph—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>any amendment to the plan which is in effect for the current year shall be treated as in effect for all other plan years;</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>any change in an accrual rate which does not apply to any individual who is or could be a participant in the current year shall be disregarded;</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>the fact that benefits under the plan may be payable to certain employees before normal retirement age shall be disregarded; and</content></clause> <clause class="indentUp1 fontsize10"><num value="iv">(iv)</num> <content>social security benefits and all other relevant factors used to compute benefits shall be treated as remaining constant as of the current year for all years after the current year.</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <content>A defined benefit plan satisfies the requirements of this paragraph if the accrued benefit to which any participant is entitled upon <page identifier="/us/stat/88/859">88 <inline class="smallCaps">Stat.</inline> 859</page> his separation from the service is not less than a fraction of the annual benefit commencing at normal retirement age to which he would be entitled under the plan as in effect on the date of his separation if he continued to earn annually until normal retirement age the same rate of compensation upon which his normal retirement benefit would be computed under the plan, determined as if he had attained normal retirement age on the date any such determination is made (but taking into account no more than the 10 years of service immediately preceding his separation from service). Such fraction shall be a fraction, not exceeding 1, the numerator of which is the total number of his years of participation in the plan (as of the date of his separation from the service) and the denominator of which is the total number of years he would have participated in the plan if he separated from the service at the normal retirement age. For purposes of this subparagraph, social security benefits and all other relevant factors used to compute benefits shall be treated as remaining constant as of the current year for all years after such current year.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="D">(D)</num> <chapeau>Subparagraphs (A), (B), and (C) shall not apply with respect to years of participation before the first plan year to which this section applies but a defined benefit plan satisfies the requirements of this subparagraph with respect to such years of participation only if the accrued benefit of any participant with respect to such years of participation is not less than the greater of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>his accrued benefit determined under the plan, as in effect from time to time prior to the date of the enactment of this Act, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>an accrued benefit which is not less than one-half of the accrued benefit to which such participant would have been entitled if subparagraph (A), (B), or (C) applied with respect to such years of participation.</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="E">(E)</num> <content>Notwithstanding subparagraphs (A), (B), and (C) of this paragraph, a plan shall not be treated as not satisfying the requirements of this paragraph solely because the accrual of benefits under the plan does not become effective until the employee has two continuous years of service. For purposes of this subparagraph, the term <sidenote><p class="indent0 firstIndent1 fontsize8">“Year of service.”</p></sidenote> “years of service” has the meaning provided by section 202(a)(3)(A).</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="F">(F)</num> <chapeau>Notwithstanding subparagraphs (A), (B), and (C), a defined benefit plan satisfies the requirements of this paragraph if such plan—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>is funded exclusively by the purchase of insurance contracts, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>satisfies the requirements of paragraphs (2) and (3) of section 301(b) (relating to certain insurance contract plans),</content></clause> <continuation class="indent0 fontsize10">but only if an employee’s accrued benefit as of any applicable date is not less than the cash surrender value his insurance contracts would have on such applicable date if the requirements of paragraphs (4), (5), and (6) of section 301(b) were satisfied.</continuation></subparagraph> <subparagraph class="indent0 fontsize10"><num value="G">(G)</num> <chapeau>Notwithstanding the preceding subparagraphs, a defined benefit plan shall be treated as not satisfying the requirements of this paragraph if the participant’s accrued benefit is reduced on account of any increase in his age or service. The preceding sentence shall not apply to benefits under the plan commencing before benefits payable under title II of the Social Security Act which benefits under the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401.</ref></p></sidenote> plan—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>do not exceed social security benefits, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>terminate when such social security benefits commence.</content></clause></subparagraph></paragraph> <page identifier="/us/stat/88/860">88 <inline class="smallCaps">Stat.</inline> 860</page> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>A plan satisfies the requirements of this paragraph if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>in the case of a defined benefit plan, the plan requires separate accounting for the portion of each employee’s accrued benefit derived from any voluntary employee contributions permitted under the plan; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>in the case of any plan which is not a defined benefit plan, the plan requires separate accounting for each employee’s accrued benefit.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">For purposes of determining an employee’s accrued benefit, <sidenote><p class="indent0 firstIndent1 fontsize8">“Year of participation.”</p></sidenote> the term “year of participation” means a period of service (beginning at the earliest date on which the employee is a participant in the plan and which is included in a period of service required to be taken into account under section 202(b)) as determined under regulations prescribed by the Secretary which provide for the calculation of such period on any reasonable and consistent basis.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>For purposes of this paragraph, except as provided in subparagraph <sidenote><p class="indent0 firstIndent1 fontsize8">Part time employees.</p></sidenote> (C), in the case of any employee whose customary employment is less than full time, the calculation of such employee’s service on any basis which provides less than a ratable portion of the accrued benefit to which he would be entitled under the plan if his customary employment were full time shall not be treated as made on a reasonable and consistent basis.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <content>For purposes of this paragraph, in the case of any employee <sidenote><p class="indent0 firstIndent1 fontsize8">Service less than 1,000 hours.</p></sidenote> whose service is less than 1,000 hours during any calendar year, plan year or other 12-consecutive-month period designated by the plan (and not prohibited under regulations prescribed by the Secretary) the calculation of his period of service shall not be treated as not made on a reasonable and consistent basis merely because such service is not taken into account.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="D">(D)</num> <content>In the case of any seasonal industry where the customary <sidenote><p class="indent0 firstIndent1 fontsize8">Seasonal industry.</p></sidenote> period of employment is less than 1,000 hours during a calendar year, the term “year of participation” shall be such period as determined under regulations prescribed by the Secretary.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="E">(E)</num> <content>For purposes of this subsection in the case of any maritime <sidenote><p class="indent0 firstIndent1 fontsize8">Maritime industry.</p></sidenote> industry, 125 days of service shall be treated as a year of participation. The Secretary may prescribe regulations to carry out the purposes of this subparagraph.</content><sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">For purposes of this section and section 203 an employee’s accrued benefit derived from employer contributions as of any applicable date is the excess (if any) of the accrued benefit for such employee as of such applicable date over the accrued benefit derived from contributions made by such employee as of such date.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num><subparagraph class="inline"><num value="A">(A)</num> <chapeau class="inline">In the case of a plan other than a defined benefit plan, the accrued benefit derived from contributions made by an employee as of any applicable date is—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>except as provided in clause (ii), the balance of the employee’s separate account consisting only of his contributions and the income, expenses, gains, and losses attributable thereto, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>if a separate account is not maintained with respect to an employee’s contributions under such a plan, the amount which bears the same ratio to his total accrued benefit as the total amount of the employee’s contributions (less withdrawals) bears to the sum of such contributions and the contributions made on his behalf by the employer (less withdrawals).</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num><clause class="inline"><num value="i">(i)</num> <content class="inline">In the case of a defined benefit plan providing an annual benefit in the form of a single life annuity (without ancillary benefits) commencing at normal retirement age, the accrued benefit derived from contributions made by an employee as of any applicable date is the <page identifier="/us/stat/88/861">88 <inline class="smallCaps">Stat.</inline> 861</page> annual benefit equal to the employee’s accumulated contributions multiplied by the appropriate conversion factor.</content></clause> <clause class="indent0 fontsize10"><num value="ii">(ii)</num> <content>For purposes of clause (i), the term “appropriate conversion <sidenote><p class="indent0 firstIndent1 fontsize8">“Appropriate conversion factor.”</p></sidenote> factor” means the factor necessary to convert an amount equal to the accumulated contributions to a single life annuity (without ancillary benefits) commencing at normal retirement age and shall be 10 percent for a normal retirement age of 65 years. For other normal retirement ages the conversion factor shall be determined in accordance with regulations prescribed by the Secretary of the Treasury or his delegate.</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <chapeau>For purposes of this subsection, the term “accumulated contributions” <sidenote><p class="indent0 firstIndent1 fontsize8">“Accumulated contributions.”</p></sidenote> means the total of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>all mandatory contributions made by the employee,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>interest (if any) under the plan to the end of the last plan year to which section 203(a)(2) does not apply (by reason of the applicable effective date), and</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>interest on the sum of the amounts determined under clauses (i) and (ii) compounded annually at the rate of 5 percent per annum from the beginning of the first plan year to which section 203(a)(2) applies (by reason of the applicable effective date) to the date upon which the employee would attain normal retirement age.</content></clause> <continuation class="indent0 fontsize10">For purposes of this subparagraph, the term “mandatory contributions” <sidenote><p class="indent0 firstIndent1 fontsize8">“Mandatory contributions.”</p></sidenote> means amounts contributed to the plan by the employee which are required as a condition of employment, as a condition of participation in such plan, or as a condition of obtaining benefits under the plan attributable to employer contributions.</continuation></subparagraph> <subparagraph class="indent0 fontsize10"><num value="D">(D)</num> <content>The Secretary of the Treasury is authorized to adjust by regulation <sidenote><p class="indent0 firstIndent1 fontsize8">Conversion factor, adjustment.</p></sidenote> the conversion factor described in subparagraph (B), the rate of interest described in clause (iii) of subparagraph (C), or both, from time to time as he may deem necessary. The rate of interest shall bear the relationship to 5 percent which the Secretary of the Treasury determines to be comparable to the relationship which the long-term money rates and investment yields for the last period of 10 calendar years ending at least 12 months before the beginning of the plan year bear to the long-term money rates and investment yields for the 10-calendar year period 1964 through 1973. No such adjustment shall be effective for a plan year beginning before the expiration of 1 year after such adjustment is determined and published.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="E">(E)</num> <chapeau>The accrued benefit derived from employee contributions shall <sidenote><p class="indent0 firstIndent1 fontsize8">Accrued benefit, limitation.</p></sidenote> not exceed the greater of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the employee’s accrued benefit under the plan, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>the accrued benefit derived from employee contributions determined as though the amounts calculated under clauses (ii) and (iii) of subparagraph (C) were zero.</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>For purposes of this section, in the case of any defined benefit plan, if an employee’s accrued benefit is to be determined as an amount other than an annual benefit commencing at normal retirement age, or if the accrued benefit derived from contributions made by an employee is to be determined with respect to a benefit other than an annual benefit in the form of a single life annuity (without ancillary benefits) commencing at normal retirement age, the employee’s accrued benefit, or the accrued benefits derived from contributions made by an employee, as the case may be, shall be the actuarial equivalent of such benefit or amount determined under paragraph (1) or (2).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>In the case of a defined benefit plan which permits voluntary employee contributions, the portion of an employee’s accrued benefit derived from such contributions shall be treated as an accrued benefit derived from employee contributions under a plan other than a defined benefit plan.</content></paragraph></subsection> <page identifier="/us/stat/88/862">88 <inline class="smallCaps">Stat.</inline> 862</page> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <chapeau>Notwithstanding section 203(b)(1), for purposes of determining the employee’s accrued benefit under the plan, the plan may disregard service performed by the employee with respect to which he has received—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>a distribution of the present value of his entire nonforfeitable benefit if such distribution was in an amount (not more than $1,750) permitted under regulations prescribed by the Secretary of the Treasury, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>a distribution of the present value of his nonforfeitable benefit attributable to such service which he elected to receive.</content></paragraph> <continuation class="firstIndent1 fontsize10">Paragraph (1) shall apply only if such distribution was made on termination of the employee’s participation in the plan. Paragraph (2) shall apply only if such distribution was made on termination of the employee’s participation in the plan or under such other circumstances as may be provided under regulations prescribed by the Secretary of the Treasury.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <chapeau>For purposes of determining the employee’s accrued benefit, the plan shall not disregard service as provided in subsection (d) unless the plan provides an opportunity for the participant to repay the full amount of a distribution described in subsection (d) with, in the case of a defined benefit plan, interest at the rate determined for purposes of subsection (c)(2)(C) and provides that upon such repayment the employee’s accrued benefit shall be recomputed by taking into account service so disregarded. This subsection shall apply only in the case of a participant who—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>received such a distribution in any plan year to which this section applies, which distribution was less than the present value of his accrued benefit,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>resumes employment covered under the plan, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>repays the full amount of such distribution with, in the case of a defined benefit plan, interest at the rate determined for purposes of subsection (c)(2)(C).</content></paragraph> <continuation class="indent0 fontsize10">In the case of a defined contribution plan, the plan provision required under this subsection may provide that such repayment must be made before the participant has any 1-year break in service commencing after such withdrawal.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>For the purposes of this part, an employer shall be treated as maintaining a plan if any employee of such employer accrues benefits under such plan by reason of service with such employer.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>The accrued benefit of a participant under a plan may not be decreased by an amendment of the plan, other than an amendment described in section 302(c)(8).</content></subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num><heading><inline class="smallCaps">Cross Reference.</inline></heading> <content><list><listItem class="indentUp2 fontsize8"><listContent class="indentUp1"><b>For special rules relating to class year plans and plan provisions adopted to preclude discrimination, see sections 203(c)(2) and (3).</b></listContent></listItem></list></content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">joint and survivor annuity requirement</inline></heading> <num value="205"><inline class="smallCaps">Sec.</inline> 205.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">If a pension plan provides for the payment of benefits <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1055">29 USC 1055.</ref></p></sidenote> in the form of an annuity, such plan shall provide for the payment of annuity benefits in a form having the effect of a qualified joint and survivor annuity.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>In the case of a plan which provides for the payment of benefits before the normal retirement age as defined in section 3(24), the plan is not required to provide for the payment of annuity benefits in a form having the effect of a qualified joint and survivor annuity during the period beginning on the date on which the employee enters into the plan as a participant and ending on the later of—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the date the employee reaches the earliest retirement age, or</content></paragraph> <page identifier="/us/stat/88/863">88 <inline class="smallCaps">Stat.</inline> 863</page> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the first day of the 120th month beginning before the date on which the employee reaches normal retirement age.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">A plan described in subsection (b) does not meet the requirements of subsection (a) unless, under the plan, a participant has a reasonable period in which he may elect the qualified joint and survivor annuity form with respect to the period beginning on the date on which the period described in subsection (b) ends and ending on the date on which he reaches normal retirement age if he continues his employment during that period.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>A plan does not meet the requirements of this subsection unless, in the case of such election, the payments under the survivor annuity are not less than the payments which would have been made under the joint annuity to which the participant would have been entitled if he had made an election under this subsection immediately prior to his retirement and if his retirement had occurred on the date immediately preceding the date of his death and within the period within which an election can be made.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>A plan shall not be treated as not satisfying the requirements of this section solely because the spouse of the participant is not entitled to receive a survivor annuity (whether or not an election has been made under subsection (c)) unless the participant and his spouse have been married throughout the 1-year period ending on the date of such participant’s death.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>A plan shall not be treated as satisfying the requirements of this section unless, under the plan, each participant has a reasonable period (as prescribed by the Secretary of the Treasury by regulations) before the annuity starting date during which he may elect in writing (after having received a written explanation of the terms and conditions of the joint and survivor annuity and the effect of an election under this subsection) not to take such joint and survivor annuity.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <chapeau>A plan shall not be treated as not satisfying the requirements of this section solely because, under the plan there is a provision that any election under subsection (c) or (e), and any revocation of any such election, does not become effective (or ceases to be effective) if the participant dies within a period (not in excess of 2 years) beginning on the date of such election or revocation, as the case may be. The preceding sentence does not apply unless the plan provision described in the preceding sentence also provides that such an election or revocation will be given effect in any case in which—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the participant dies from accidental causes,</content></paragraph> <paragraph class="indentUp1 fontsize10"> <num value="2">(2)</num> <content>a failure to give effect to the election or revocation would deprive the participant’s survivor of a survivor annuity, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>such election or revocation is made before such accident occurred.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <chapeau>For purposes of this section:<sidenote><p class="indent0 firstIndent1 fontsize8">Definitions.</p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>The term “annuity starting date” means the first day of the first period for which an amount is received as an annuity (whether by reason of retirement or by reason of disability).</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>The term “earliest retirement age” means the earliest date on which, under the plan, the participant could elect to receive retirement benefits.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>The term “qualified joint and survivor annuity” means an annuity for the life of the participant with a survivor annuity for the life of his spouse which is not less than one-half of, or greater than, the amount of the annuity payable during the joint lives of the participant and his spouse and which is the actuarial equivalent of a single annuity for the life of the participant.</content></paragraph></subsection> <page identifier="/us/stat/88/864">88 <inline class="smallCaps">Stat.</inline> 864</page> <subsection class="indent0 fontsize10"><num value="h">(h)</num> <content>For the purposes of this section, a plan may take into account in any equitable fashion (as determined by the Secretary of the Treasury) any increased costs resulting from providing joint and survivor annuity benefits under an election made under subsection (c).</content></subsection> <subsection class="indent0 fontsize10"><num value="i">(i)</num> <chapeau>This section shall apply only if—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the annuity starting date did not occur before the effective date of this section, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the participant was an active participant in the plan on or after such effective date.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">other provisions relating to form and payment of benefits</inline></heading> <num value="206"><inline class="smallCaps">Sec.</inline> 206.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Each pension plan shall provide that unless the participant <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1056">29 USC 1056.</ref></p></sidenote> otherwise elects, the payment of benefits under the plan to the participant shall begin not later than the 60th day after the latest of the close of the plan year in which—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the date on which the participant attains the earlier of age 65 or the normal retirement age specified under the plan,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>occurs the 10th anniversary of the year in which the participant commenced participation in the plan, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>the participant terminates his service with the employer.</content></paragraph> <continuation class="indent0 fontsize10">In the case of a plan which provides for the payment of an early retirement benefit, such plan shall provide that a participant who satisfied the service requirements for such early retirement benefit, but separated from the service (with any nonforfeitable right to an accrued benefit) before satisfying the age requirement for such early retirement benefit, is entitled upon satisfaction of such age requirement to receive a benefit not less than the benefit to which he would be entitled at the normal retirement age, actuarially reduced under regulations prescribed by the Secretary of the Treasury.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>If—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>a participant or beneficiary is receiving benefits under a pension plan, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>a participant is separated from the service and has nonforfeitable rights to benefits,</content></paragraph> <continuation class="indent0 fontsize10">a plan may not decrease benefits of such a participant by reason of any increase in the benefit levels payable under title II of the Social Security Act or the Railroad Retirement Act of 1937, or any increase <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t45/s228a">45 USC 228a.</ref></p></sidenote> in the wage base under such title II, if such increase takes place after the date of the enactment of this Act or (if later) the earlier of the date of first entitlement of such benefits or the date of such separation.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>No pension plan may provide that any part of a participant’s accrued benefit derived from employer contributions (whether or not otherwise nonforfeitable) is forfeitable solely because of withdrawal by such participant of any amount attributable to the benefit derived from contributions made by such participant. The preceding sentence shall not apply (1) to the accrued benefit of any participant unless, at the time of such withdrawal, such participant has a nonforfeitable right to at least 50 percent of such accrued benefit, or (2) to the extent that an accrued benefit is permitted to be forfeited in accordance with section 203(a)(3)(D)(iii).</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Each pension plan shall provide that benefits provided under the plan may not be assigned or alienated.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>For the purposes of paragraph (1) of this subsection, there shall not be taken into account any voluntary and revocable assignment of not to exceed 10 percent of any benefit payment, or of any irrevocable assignment or alienation of benefits executed before the <page identifier="/us/stat/88/865">88 <inline class="smallCaps">Stat.</inline> 865</page> date of enactment of this Act. The preceding sentence shall not apply to any assignment or alienation made for the purposes of defraying plan administration costs. For purposes of this paragraph a loan made to a participant or beneficiary shall not be treated as an assignment or alienation if such loan is secured by the participant’s accrued nonforfeitable benefit and is exempt from the tax imposed by section 4975 of the Internal Revenue Code of 1954 (relating to tax on prohibited <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 971.</p></sidenote> transactions) by reason of section 4975(d)(1) of such Code.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">temporary variances from certain vesting requirements</inline></heading> <num value="207"><inline class="smallCaps">Sec.</inline> 207.</num> <chapeau>In the case of any plan maintained on January 1, 1974, if, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1057">29 USC 1057.</ref></p></sidenote> not later than 2 years after the date of enactment of this Act, the administrator petitions the Secretary, the Secretary may prescribe an alternate method which shall be treated as satisfying the requirements of section 203(a)(2) or 204(b)(1) (other than subparagraph (D) thereof) or both for a period of not more than 4 years. The Secretary may prescribe such alternate method only when he finds that—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the application of such requirements would increase the costs of the plan to such an extent that there would result a substantial risk to the voluntary continuation of the plan or a substantial curtailment of benefit levels or the levels of employees’ compensation,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the application of such requirements or discontinuance of the plan would be adverse to the interests of plan participants in the aggregate, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>a waiver or extension of time granted under section 303 or 304 of this Act would be inadequate.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> pp. 872, 873.</p></sidenote></content></paragraph> <continuation class="indent0 fontsize10">In the case of any plan with respect to which an alternate method has been prescribed under the preceding provisions of this subsection for a period of not more than 4 years, if, not later than 1 year before the expiration of such period, the administrator petitions the Secretary for an extension of such alternate method, and the Secretary makes the findings required by the preceding sentence, such alternate method may be extended for not more than 3 years.</continuation> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">Mergers and Consolidations of Plans or Transfers of Plan Assets</inline></heading> <num value="208"><inline class="smallCaps">Sec.</inline> 208.</num> <content>A pension plan may not merge or consolidate with, or <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1058">29 USC 1058.</ref></p></sidenote> transfer its assets or liabilities to, any other plan after the date of the enactment of this Act, unless each participant in the plan would (if the plan then terminated) receive a benefit immediately after the merger, consolidation, or transfer which is equal to or greater than the benefit he would have been entitled to receive immediately before the merger, consolidation, or transfer (if the plan had then terminated). This paragraph shall apply in the case of a multiemployer plan only to the extent determined by the Pension Benefit Guaranty Corporation.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">recordkeeping and reporting requirements</inline></heading> <num value="209"><inline class="smallCaps">Sec.</inline> 209.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">Except as provided by paragraph (2) every <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1059">29 USC 1059.</ref></p></sidenote> employer shall, in accordance with regulations prescribed by the Secretary, maintain records with respect to each of his employees sufficient to determine the benefits due or which may become due to such employees. The plan administrator shall make a report, in such manner and at such time as may be provided in regulations prescribed by the <page identifier="/us/stat/88/866">88 <inline class="smallCaps">Stat.</inline> 866</page> Secretary, to each employee who is a participant under the plan and who—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>requests such report, in such manner and at such time as may be provided in such regulations,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>terminates his service with the employer, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>has a 1-year break in service (as defined in section 203 (b)(3)(A)).</content></subparagraph> <continuation class="indent0 fontsize10">The employer shall furnish to the plan administrator the information necessary for the administrator to make the reports required by the preceding sentence. Not more than one report shall be required under subparagraph (A) in any 12-month period. Not more than one report shall be required under subparagraph (C) with respect to consecutive 1-year breaks in service. The report required under this paragraph shall be sufficient to inform the employee of his accrued benefits under the plan and the percentage of such benefits which are nonforfeitable under the plan.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>If more than one employer adopts a plan, each such employer shall, in accordance with regulations prescribed by the Secretary, furnish to the plan administrator the information necessary for the administrator to maintain the records and make the reports required by paragraph (1). Such administrator shall maintain the records and, to the extent provided under regulations prescribed by the Secretary, make the reports, required by paragraph (1).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>If any person who is required, under subsection (a), to furnish <sidenote><p class="indent0 firstIndent1 fontsize8">Noncompliance, penalty.</p></sidenote> information or maintain records for any plan year fails to comply with such requirement, he shall pay to the Secretary a civil penalty of $10 for each employee with respect to whom such failure occurs, unless it is shown that such failure is due to reasonable cause.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">plans maintained by more than one employer, predecessor plans, and employer groups</inline></heading> <num value="210"><inline class="smallCaps">Sec.</inline> 210.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Notwithstanding any other provision of this part or <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1060">29 USC 1060.</ref></p></sidenote> part 3, the following provisions of this subsection shall apply to a plan maintained by more than one employer:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>Section 202 shall be applied as if all employees of each of the employers were employed by a single employer.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>Sections 203 and 204 shall be applied as if all such employers constituted a single employer, except that the application of any rules with respect to breaks in service shall be made under regulations prescribed by the Secretary.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>The minimum funding standard provided by section 302 shall be determined as if all participants in the plan were employed by a single employer.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>For purposes of this part and part 3—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>in any case in which the employer maintains a plan of a predecessor employer, service for such predecessor shall be treated as service for the employer, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>in any case in which the employer maintains a plan which is not the plan maintained by a predecessor employer, service for such predecessor shall, to the extent provided in regulations prescribed by the Secretary of the Treasury, be treated as service for the employer.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>For purposes of sections 202, 203, and 204, all employees of all corporations which are members of a controlled group of corporations (within the meaning of section 1563(a) of the Internal Revenue Code of 1954, determined without regard to section 1563(a)(4) and (e)(3)(C) <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1563">26 USC 1563.</ref></p></sidenote> of such code) shall be treated as employed by a single employer. <page identifier="/us/stat/88/867">88 <inline class="smallCaps">Stat.</inline> 867</page> With respect to a plan adopted by more than one such corporation, the minimum funding standard of section 302 shall be determined as if all such employers were a single employer, and allocated to each employer in accordance with regulations prescribed by the Secretary of the Treasury.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>For purposes of sections 202, 203, and 204, under regulations prescribed by the Secretary of the Treasury, all employees of trades or businesses (whether or not incorporated) which are under common control shall be treated as employed by a single employer. The regulations prescribed under this subsection shall be based on principles similar to the principles which apply in the case of subsection (c).</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">effective dates</inline></heading> <num value="211"><inline class="smallCaps">Sec.</inline> 211.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Except as otherwise provided in this section, this part <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1061">29 USC 1061.</ref></p></sidenote> shall apply in the case of plan years beginning after the date of the enactment of this Act.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Except as otherwise provided in subsection (d), sections 205, 206(d), and 208 shall apply with respect to plan years beginning after December 31, 1975.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Except as otherwise provided in subsections (c) and (d) in the case of a plan in existence on January 1, 1974, this part shall apply in the case of plan years beginning after December 31, 1975.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">In the case of a plan maintained on January 1, 1974, pursuant to one or more agreements which the Secretary finds to be collective bargaining agreements between employee organizations and one or more employers, no plan shall be treated as not meeting the requirements of sections 204 and 205 solely by reason of a supplementary or special plan provision (within the meaning of paragraph (2)) for any plan year before the year which begins after the earlier of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the date on which the last of such agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act), or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>December 31, 1980.</content></subparagraph> <continuation class="indent0 fontsize10">For purposes of subparagraph (A) and section 306(c), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement contained in this Act or the Internal Revenue Code of 1954 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1">26 USC 1</ref> <i>et seq.</i></p></sidenote> shall not be treated as a termination of such collective bargaining agreement. This paragraph shall not apply unless the Secretary determines that the participation and vesting rules in effect on the date of enactment of this Act are not less favorable to participants, in the aggregate, than the rules provided under sections 202, 203, and 204.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>For purposes of paragraph (1), the term “supplementary or <sidenote><p class="indent0 firstIndent1 fontsize8">“Supplementary or special plan provision.”</p></sidenote> special plan provision” means any plan provision which—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>provides supplementary benefits, not in excess of one-third of the basic benefit, in the form of an annuity for the life of the participant, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>provides that, under a contractual agreement based on medical evidence as to the effects of working in an adverse environment for an extended period of time, a participant having 25 years of service is to be treated as having 30 years of service.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>This subsection shall apply with respect to a plan if (and only if) the application of this subsection results in a later effective date for this part than the effective date required by subsection (b).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>If the administrator of a plan elects under section 1017(d) of this Act to make applicable to a plan year and to all subsequent plan <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 932.</p></sidenote> years the provisions of the Internal Revenue Code of 1954 relating to <page identifier="/us/stat/88/868">88 <inline class="smallCaps">Stat.</inline> 868</page> participation, vesting, funding, and form of benefit, this part shall apply to the first plan year to which such election applies and to all subsequent plan years.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">No pension plan to which section 202 applies may make effective any plan amendment with respect to breaks in service (which amendment is made or becomes effective after January 1, 1974, and before the date on which section 202 first becomes effective with respect to such plan) which provides that any employee’s participation in the plan would commence at any date later than the later of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the date on which his participation would commence under the break in service rules of section 202(b), or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the date on which his participation would commence under the plan as in effect on January 1, 1974.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>No pension plan to which section 203 applies may make effective any plan amendment with respect to breaks in service (which amendment is made or becomes effective after January 1, 1974, and before the date on which section 203 first becomes effective with respect to such plan) if such amendment provides that the nonforfeitable benefit derived from employer contributions to which any employee would be entitled is less than the lesser of the nonforfeitable benefit derived from employer contributions to which he would be entitled under—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the break in service rules of section 202(b)(3), or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the plan as in effect on January 1, 1974.</content></subparagraph> <continuation class="indent0 fontsize10">Subparagraph (B) shall not apply if the break in service rules under the plan would have been in violation of any law or rule of law in effect on January 1, 1974.</continuation></paragraph></subsection> </section> </part> <part><num value="3"><inline class="smallCaps">Part 3</inline>—</num><heading><inline class="smallCaps">Funding</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">coverage</inline></heading> <num value="301"><inline class="smallCaps">Sec.</inline> 301.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">This part shall apply to any employee pension benefit <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1081">29 USC 1081.</ref></p></sidenote> plan described in section 4(a), (and not exempted under section 4(b)), other than—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>an employee welfare benefit plan;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>an insurance contract plan described in subsection (b);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>a plan which is unfunded and is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">a plan which is established and maintained by a society, order, or association described in section 501(c) (8) or (9) of the Internal Revenue Code of 1954, if no part of the contributions to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> or under such plan are made by employers of participants in such plan; or</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>a trust described in section 501(c)(18) of such Code;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>a plan which has not at any time after the date of enactment of this Act provided for employer contributions;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>an agreement providing payments to a retired partner or deceased partner or a deceased partner’s successor in interest as described in section 736 of the Internal Revenue Code of 1954;<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s736">26 USC 736.</ref></p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>an individual retirement account or annuity as described in section 408(a) of the Internal Revenue Code of 1954, or a retirement bond described in section 409 of such Code;<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 959.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <content>an individual account plan (other than a money purchase plan) and a defined benefit plan to the extent it is treated as an individual account plan (other than a money purchase plan) under section 3(35)(B) of this title; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">(9)</num> <content>an excess benefit plan.</content></paragraph></subsection> <page identifier="/us/stat/88/869">88 <inline class="smallCaps">Stat.</inline> 869</page> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>For the purposes of paragraph (2) of subsection (a) a plan is <sidenote><p class="indent0 firstIndent1 fontsize8">“Insurance contract plan.”</p></sidenote> an “insurance contract plan” if—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the plan is funded exclusively by the purchase of individual insurance contracts,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>such contracts provide for level annual premium payments to be paid extending not later than the retirement age for each individual participating in the plan, and commencing with the date the individual became a participant in the plan (or, in the case of an increase in benefits, commencing at the time such increase becomes effective),</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>benefits provided by the plan are equal to the benefits provided under each contract at normal retirement age under the plan and are guaranteed by an insurance carrier (licensed under the laws of a State to do business with the plan) to the extent premiums have been paid,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>premiums payable for the plan year, and all prior plan years under such contracts have been paid before lapse or there is reinstatement of the policy,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>no rights under such contracts have been subject to a security interest at any time during the plan year, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>no policy loans are outstanding at any time during the plan year.</content></paragraph> <continuation class="indent0 fontsize10">A plan funded exclusively by the purchase of group insurance contracts which is determined under regulations prescribed by the Secretary of the Treasury to have the same characteristics as contracts described in the preceding sentence shall be treated as a plan described in this subsection.</continuation></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">minimum funding standards</inline></heading> <num value="302"><inline class="smallCaps">Sec.</inline> 302.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Every employee pension benefit plan subject to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1082">29 USC 1082.</ref></p></sidenote> this part shall satisfy the minimum funding standard (or the alternative minimum funding standard under section 305) for any plan year to which this part applies. A plan to which this part applies shall have satisfied the minimum funding standard for such plan for a plan year if as of the end of such plan year the plan does not have an accumulated funding deficiency.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>For the purposes of this part, the term “accumulated funding <sidenote><p class="indent0 firstIndent1 fontsize8">“Accumulated funding deficiency.”</p></sidenote> deficiency” means for any plan the excess of the total charges to the funding standard account for all plan years (beginning with the first plan year to which this part applies) over the total credits to such account for such years or, if less, the excess of the total charges to the alternative minimum funding standard account for such plan years over the total credits to such account for such years.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Each plan to which this part applies shall establish and <sidenote><p class="indent0 firstIndent1 fontsize8">Funding standard account.</p></sidenote> maintain a funding standard account. Such account shall be credited and charged solely as provided in this section.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>For a plan year, the funding standard account shall be charged with the sum of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the normal cost of the plan for the plan year,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <chapeau>the amounts necessary to amortize in equal annual installments (until fully amortized)—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>in the case of a plan in existence on January 1, 1974, the unfunded past service liability under the plan on the first day of the first plan year to which this part applies, over a period of 40 plan years,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>in the case of a plan which comes into existence after January 1, 1974, the unfunded past service liability under the plan on the first day of the first plan year to which this <page identifier="/us/stat/88/870">88 <inline class="smallCaps">Stat.</inline> 870</page> part applies, over a period of 30 plan years (40 plan years in the case of a multiemployer plan),</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>separately, with respect to each plan year, the net increase (if any) in unfunded past service liability under the plan arising from plan amendments adopted in such year, over a period of 30 plan years (40 plan years in the case of a multiemployer plan),</content></clause> <clause class="indentUp1 fontsize10"><num value="iv">(iv)</num> <content>separately, with respect to each plan year, the net experience loss (if any) under the plan, over a period of 15 plan years (20 plan years in the case of a multiemployer plan), and</content></clause> <clause class="indentUp1 fontsize10"><num value="v">(v)</num> <content>separately, with respect to each plan year, the net loss (if any) resulting from changes in actuarial assumptions used under the plan, over a period of 30 plan years,</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>the amount necessary to amortize each waived funding deficiency (within the meaning of section 303 (c)) for each prior plan year in equal annual installments (until fully amortized) over a period of 15 plan years, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>the amount necessary to amortize in equal annual installments (until fully amortized) over a period of 5 plan years any amount credited to the funding standard account under paragraph (3)(D).</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <chapeau>For a plan year, the funding standard account shall be credited with the sum of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the amount considered contributed by the employer to or under the plan for the plan year,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <chapeau>the amount necessary to amortize in equal annual installments (until fully amortized)—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>separately, with respect to each plan year, the net decrease (if any) in unfunded past service liability under the plan arising from plan amendments adopted in such year, over a period of 30 plan years (40 plan years in the case of a multiemployer plan),</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>separately, with respect to each plan year, the net experience gain (if any) under the plan, over a period of 15 plan years (20 plan years in the case of a multiemployer plan), and</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>separately, with respect to each plan year, the net gain (if any) resulting from changes in actuarial assumptions used under the plan, over a period of 30 plan years.</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>the amount of the waived funding deficiency (within the meaning of section 303(c)) for the plan year, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>in the case of a plan year for which the accumulated funding deficiency is determined under the funding standard account if such plan year follows a plan year for which such deficiency was determined under the alternative minimum funding standard, the excess (if any) of any debit balance in the funding standard account (determined without regard to this subparagraph) over any debit balance in the alternative minimum funding standard account.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <chapeau>Under regulations prescribed by the Secretary of the Treasury, amounts required to be amortized under paragraph (2) or paragraph (3), as the case may be—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>may be combined into one amount under such paragraph to be amortized over a period determined on the basis of the remaining amortization period for all items entering into such combined amount, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>may be offset against amounts required to be amortized under the other such paragraph, with the resulting amount to be amortized over a period determined on the basis of the remaining <page identifier="/us/stat/88/871">88 <inline class="smallCaps">Stat.</inline> 871</page> amortization periods for all items entering into whichever of the two amounts being offset is the greater.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>The funding standard account (and items therein) shall be charged or credited (as determined under regulations prescribed by the Secretary of the Treasury) with interest at the appropriate rate consistent with the rate or rates of interest used under the plan to determine costs.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">For purposes of this part, normal costs, accrued liability, past service liabilities, and experience gains and losses shall be determined under the funding method used to determine costs under the plan.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">For purposes of this part, the value of the plan’s assets shall be determined on the basis of any reasonable actuarial method of valuation which takes into account fair market value and which is permitted under regulations prescribed by the Secretary of the Treasury.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>For purposes of this part, the value of a bond or other evidence of indebtedness which is not in default as to principal or interest may, at the election of the plan administrator, be determined on an amortized basis running from initial cost at purchase to par value at maturity or earliest call date. Any election under this subparagraph shall be made at such time and in such manner as the Secretary of the Treasury shall by regulations provide, shall apply to all such evidences of indebtedness, and may be revoked only with the consent of the Secretary of the Treasury.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>For purposes of this part, all costs, liabilities, rates of interest, and other factors under the plan shall be determined on the basis of actuarial assumptions and methods which, in the aggregate, are reasonable (taking into account the experience of the plan and reasonable expectations) and which, in combination, offer the actuary’s best estimate of anticipated experience under the plan.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <chapeau>For purposes of this section, if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>a change in benefits under the Social Security Act or in <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305.</ref></p></sidenote> other retirement benefits created under Federal or State law, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>a change in the definition of the term “wages” under section 3121 of the Internal Revenue Code of 1954, or a change in <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s3121">26 USC 3121.</ref></p></sidenote> the amount of such wages taken into account under regulations prescribed for purposes of section 401(a)(5) of the Internal Revenue Code of 1954,</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote></subparagraph> <continuation class="indent0 fontsize10">results in an increase or decrease in accrued liability under a plan, such increase or decrease shall be treated as an experience loss or gain.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>If the funding method for a plan is changed, the new funding method shall become the funding method used to determine costs and liabilities under the plan only if the change is approved by the Secretary of the Treasury. If the plan year for a plan is changed, the new plan year shall become the plan year for the plan only if the change is approved by the Secretary of the Treasury.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="6">(6)</num> <chapeau>If, as of the close of a plan year, a plan would (without regard to this paragraph) have an accumulated funding deficiency (determined without regard to the alternative minimum funding standard account permitted under subsection (g)) in excess of the full funding limitation—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the funding standard account shall be credited with the amount of such excess, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>all amounts described in paragraphs (2), (B), (C), and (D) and (3)(B) of subsection (b) which are required to be amortized shall be considered fully amortized for purposes of such paragraphs.</content></subparagraph></paragraph> <page identifier="/us/stat/88/872">88 <inline class="smallCaps">Stat.</inline> 872</page> <paragraph class="indent0 fontsize10"><num value="7">(7)</num> <chapeau>For purposes of paragraph (6), the term “full funding limitation” <sidenote><p class="indent0 firstIndent1 fontsize8">“Full funding limitation.”</p></sidenote> means the excess (if any) of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the accrued liability (including normal cost) under the plan (determined under the entry age normal funding method if such accrued liability cannot be directly calculated under the funding method used for the plan), over</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the lesser of the fair market value of the plan’s assets or the value of such assets determined under paragraph (2).</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="8">(8)</num> <chapeau>For purposes of this part, any amendment applying to a plan year which—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>is adopted after the close of such plan year but no later than 2½ months after the close of the plan year (or, in the case of a multiemployer plan, no later than 2 years after the close of such plan year),</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>does not reduce the accrued benefit of any participant determined as of the beginning of the first plan year to which the amendment applies, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>does not reduce the accrued benefit of any participant determined as of the time of adoption except to the extent required by the circumstances,</content></subparagraph> <continuation class="indent0 fontsize10">shall, at the election of the plan administrator, be deemed to have been made on the first day of such plan year. No amendment described in this paragraph which reduces the accrued benefits of any participant shall take effect unless the plan administrator files a notice with the Secretary notifying him of such amendment and the Secretary has approved such amendment or, within 90 days after the date on which such notice was filed, failed to disapprove such amendment. No amendment described in this subsection shall be approved by the Secretary unless he determines that such amendment is necessary because of a substantial business hardship (as determined under section 303(b)) and that waiver under section 303(a) is unavailable or inadequate.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="9">(9)</num> <content>For purposes of this part, a determination of experience gains and losses and a valuation of the plan’s liability shall be made not less frequently than once every 3 years, except that such determination shall be made more frequently to the extent required in particular cases under regulations prescribed by the Secretary of the Treasury.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="10">(10)</num> <content>For purposes of this part, any contributions for a plan year made by an employer after the last day of such plan year, but not later than 2½ months after such day, shall be deemed to have been made on such last day. For purposes of this paragraph, such 2½ month period may be extended for not more than 6 months under regulations prescribed by the Secretary of the Treasury.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <heading><inline class="smallCaps">Cross Reference.</inline>—</heading><content>For alternative amortization method for certain multiemployer plans see section 1018(d) of this Act.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 914.</p></sidenote></content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">variance from minimum funding standard</inline></heading> <num value="303"><inline class="smallCaps">Sec.</inline> 303.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">If an employer, or in the case of a multiemployer plan, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1083">29 USC 1083.</ref></p></sidenote> 10 percent or more of the number of employers contributing to or under the plan are unable to satisfy the minimum funding standard for a plan year without substantial business hardship and if application of the standard would be adverse to the interests of plan participants in the aggregate, the Secretary of the Treasury may waive the <sidenote><p class="indent0 firstIndent1 fontsize8">Waiver.</p></sidenote> requirements of section 302(a) for such year with respect to all or any portion of the minimum funding standard other than the portion thereof determined under section 302(b)(2)(C). The Secretary of the Treasury shall not waive the minimum funding standard with respect to a plan for more than 5 of any 15 consecutive plan years.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>For purposes of this part, the factors taken into account in <sidenote><p class="indent0 firstIndent1 fontsize8">Substantial business hardship.</p></sidenote> determining substantial business hardship shall include (but shall not <page identifier="/us/stat/88/873">88 <inline class="smallCaps">Stat.</inline> 873</page> be limited to) whether—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the employer is operating at an economic loss,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>there is substantial unemployment or underemployment in the trade or business and in the industry concerned,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>the sales and profits of the industry concerned are depressed or declining, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>it is reasonable to expect that the plan will be continued only if the waiver is granted.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>For purposes of this part, the term “waived funding deficiency” <sidenote><p class="indent0 firstIndent1 fontsize8">“Waived funding deficiency.”</p></sidenote> means the portion of the minimum funding standard (determined without regard to subsection (b)(3)(C) of section 302) for a plan year waived by the Secretary of the Treasury and not satisfied by employer contributions.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <heading><inline class="smallCaps">Cross Reference.</inline>—</heading> <content><list><listItem class="indentUp2 fontsize8"><listContent class="indentUp1"><b>For corresponding duties of the Secretary of the Treasury with regard to implementation of the Internal Revenue Code of 1954, see section 412(d) of such Code.</b></listContent></listItem></list></content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">extension of amortization periods</inline></heading> <num value="304"><inline class="smallCaps">Sec.</inline> 304.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The period of years required to amortize any unfunded <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1084">29 USC 1084.</ref></p></sidenote> liability (described in any clause of subsection (b)(2)(B) of section 302) of any plan may be extended by the Secretary for a period of time (not in excess of 10 years) if he determines that such extension would carry out the purposes of this Act and would provide adequate protection for participants under the plan and their beneficiaries and if he determines that the failure to permit such extension would—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <chapeau>result in—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>a substantial risk to the voluntary continuation of the plan, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>a substantial curtailment of pension benefit levels or employee compensation, and</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>be adverse to the interests of plan participants in the aggregate.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">No amendment of the plan which increases the liabilities of the plan by reason of any increase in benefits, any change in the accrual of benefits, or any change in the rate at which benefits become nonforfeitable under the plan shall be adopted if a waiver under section 303(a) or an extension of time under subsection (a) of this section is in effect with respect to the plan, or if a plan amendment described in section 302(c)(8) has been made at any time in the preceding 12 months (24 months in the case of a multiemployer plan). If a plan is amended in violation of the preceding sentence, any such waiver, or extension of time, shall not apply to any plan year ending on or after the date on which such amendment is adopted.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>Paragraph (1) shall not apply to any plan amendment which—<sidenote><p class="indent0 firstIndent1 fontsize8">Nonapplicability.</p></sidenote></chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the Secretary determines to be reasonable and which provides for only de minimis increases in the liabilities of the plan.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>only repeals an amendment described in section 302(c) (8), or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>is required as a condition of qualification under part I of subchapter D, of chapter 1, of the Internal Revenue Code of 1954.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> pp. 959, 964, 898, 924, 979.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote></content></subparagraph></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">alternative minimum funding standard</inline></heading> <num value="305"><inline class="smallCaps">Sec.</inline> 305.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">A plan which uses a funding method that requires <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1085">29 USC 1085.</ref></p></sidenote> contributions in all years not less than those required under the entry age normal funding method may maintain an alternative minimum funding standard account for any plan year. Such account shall be credited and charged solely as provided in this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>For a plan year the alternative minimum funding standard <page identifier="/us/stat/88/874">88 <inline class="smallCaps">Stat.</inline> 874</page> account shall be—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <chapeau>charged with the sum of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the lesser of normal cost under the funding method used under the plan or normal cost determined under the unit credit method,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the excess, if any, of the present value of accrued benefits under the plan over the fair market value of the assets, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>an amount equal to the excess, if any, of credits to the alternative minimum funding standard account for all prior plan years over charges to such account for all such years, and</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>credited with the amount considered contributed by the employer to or under the plan (within the meaning of section 302(c)(10)) for the plan year.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The alternative minimum funding standard account (and items therein) shall be charged or credited with interest in the manner provided under section 302(b)(5) with respect to the funding standard account.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">effective dates</inline></heading> <num value="306"><inline class="smallCaps">Sec.</inline> 306.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Except as otherwise provided in this section, this <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1086">29 USC 1086.</ref></p></sidenote> part shall apply in the case of plan years beginning after the date of the enactment of this Act.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Except as otherwise provided in subsections (c) and (d), in the case of a plan in existence on January 1, 1974, this part shall apply in the case of plan years beginning after December 31, 1975.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <paragraph class="inline"><num value="1">(1)</num> <content class="inline">In the case of a plan maintained on January 1, 1974, pursuant to one or more agreements which the Secretary finds to be collective bargaining agreements between employee representatives and one or more employers, this part shall apply only with respect to plan years beginning after the earlier of the date specified in subparagraph (A) or (B) of section 211(c)(1).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>This subsection shall apply with respect to a plan if (and only if) the application of this subsection results in a later effective date for this part than the effective date required by subsection (b).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>In the case of a plan the administrator of which elects under section 1017(d) of this Act to have the provisions of the Internal <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 932.</p></sidenote> Revenue Code of 1954 relating to participation, vesting, funding, and form of benefit to apply to a plan year and to all subsequent plan years, this part shall apply to plan years beginning on the earlier of the first plan year to which such election applies or the first plan year determined under subsections (a), (b), and (c) of this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <chapeau>In the case of a plan maintained by a labor organization which is exempt from tax under section 501(c)(5) of the Internal Revenue Code of 1954 exclusively for the benefit of its employees and their <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> beneficiaries, this part shall be applied by substituting for the term “December 31, 1975” in subsection (b), the earlier of—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the date on which the second convention of such labor organization held after the date of the enactment of this Act ends, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>December 31, 1980,</content></paragraph> <continuation class="indent0 fontsize10">but in no event shall a date earlier than the later of December 31, 1975, or the date determined under subsection (c) be substituted.</continuation></subsection> </section> </part> <part> <num value="4"><inline class="smallCaps">Part 4</inline>—</num><heading><inline class="smallCaps">Fiduciary Responsibility</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">coverage</inline></heading> <num value="401"><inline class="smallCaps">Sec.</inline> 401.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">This part shall apply to any employee benefit plan described in section 4(a) (and not exempted under section 4(b)), <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1101">29 USC 1101.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 11.</p></sidenote><page identifier="/us/stat/88/875">88 <inline class="smallCaps">Stat.</inline> 875</page> other than—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>a plan which is unfunded and is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>any agreement described in section 736 of the Internal Revenue Code of 1954, which provides payments to a retired <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s736">26 USC 736.</ref></p></sidenote> partner or deceased partner or a deceased partner’s successor in interest.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>For purposes of this part:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>In the case of a plan which invests in any security issued by an investment company registered under the Investment Company Act of 1940, the assets of such plan shall be deemed to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s80a–51">15 USC 80a–51.</ref></p></sidenote> include such security but shall not, solely by reason of such investment, be deemed to include any assets of such investment company.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <chapeau>In the case of a plan to which a guaranteed benefit policy is issued by an insurer, the assets of such plan shall be deemed to include such policy, but shall not, solely by reason of the issuance of such policy, be deemed to include any assets of such insurer. For purposes of this paragraph:</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>The term “insurer” means an insurance company, <sidenote><p class="indent0 firstIndent1 fontsize8">“Insurer.”</p></sidenote> insurance service, or insurance organization, qualified to do business in a State.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>The term “guaranteed benefit policy” means an insurance <sidenote><p class="indent0 firstIndent1 fontsize8">“Guaranteed benefit policy.”</p></sidenote> policy or contract to the extent that such policy or contract provides for benefits the amount of which is guaranteed by the insurer. Such term includes any surplus in a separate account, but excludes any other portion of a separate account.</content></subparagraph></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">establishment of plan</inline></heading> <num value="402"><inline class="smallCaps">Sec.</inline> 402.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Every employee benefit plan shall be established <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1102">29 USC 1102.</ref></p></sidenote> and maintained pursuant to a written instrument. Such instrument shall provide for one or more named fiduciaries who jointly or severally shall have authority to control and manage the operation and administration of the plan.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>For purposes of this title, the term “named fiduciary” means <sidenote><p class="indent0 firstIndent1 fontsize8">“Named fiduciary.”</p></sidenote> a fiduciary who is named in the plan instrument, or who, pursuant to a procedure specified in the plan, is identified as a fiduciary (A) by a person who is an employer or employee organization with respect to the plan or (B) by such an employer and such an employee organization acting jointly.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>Every employee benefit plan shall—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>provide a procedure for establishing and carrying out a funding policy and method consistent with the objectives of the plan and the requirements of this title,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>describe any procedure under the plan for the allocation of responsibilities for the operation and administration of the plan (including any procedure described in section 405(c)(1)),</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>provide a procedure for amending such plan, and for identifying the persons who have authority to amend the plan, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num><content>specify the basis on which payments are made to and from the plan.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>Any employee benefit plan may provide—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>that any person or group of persons may serve in more than one fiduciary capacity with respect to the plan (including service both as trustee and administrator);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>that a named fiduciary, or a fiduciary designated by a named fiduciary pursuant to a plan procedure described in section 405(c)(1), may employ one or more persons to render advice with regard to any responsibility such fiduciary has under the plan; or</content></paragraph> <page identifier="/us/stat/88/876">88 <inline class="smallCaps">Stat.</inline> 876</page> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>that a person who is a named fiduciary with respect to control or management of the assets of the plan may appoint an investment manager or managers to manage (including the power to acquire and dispose of) any assets of a plan.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">establishment of trust</inline></heading> <num value="403"><inline class="smallCaps">Sec.</inline> 403.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Except as provided in subsection (b), all assets of an <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1103">29 USC 1103.</ref></p></sidenote> employee benefit plan shall be held in trust by one or more trustees. Such trustee or trustees shall be either named in the trust instrument or in the plan instrument described in section 402(a) or appointed by a person who is a named fiduciary, and upon acceptance of being named or appointed, the trustee or trustees shall have exclusive authority and discretion to manage and control the assets of the plan, except to the extent that—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the plan expressly provides that the trustee or trustees are subject to the direction of a named fiduciary who is not a trustee, in which case the trustees shall be subject to proper directions of such fiduciary which are made in accordance with the terms of the plan and which are not contrary to this title, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>authority to manage, acquire, or dispose of assets of the plan is delegated to one or more investment managers pursuant to section 402(c)(3).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>The requirements of subsection (a) of this section shall not apply—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>to any assets of a plan which consist of insurance contracts or policies issued by an insurance company qualified to do business in a State;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>to any assets of such an insurance company or any assets of a plan which are held by such an insurance company;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <chapeau>to a plan—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>some or all of the participants of which are employees described in section 401(c)(1) of the Internal Revenue Code of 1954; or<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote></content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>which consists of one or more individual retirement accounts described in section 408 of the Internal Revenue Code of 1954, to the extent that such plan’s assets are held in <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 959.</p></sidenote> one or more custodial accounts which qualify under section 401(f) or 408(h) of such Code, whichever is applicable;</content></clause></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <chapeau>to a plan which the Secretary exempts from the requirement of subsection (a) and which is not subject to any of the following provisions of this Act—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>part 2 of this subtitle,<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 852.</p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>part 3 of this subtitle, or<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 868.</p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>title IV of this Act; or<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1003.</p></sidenote></content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>to a contract established and maintained under section 403(b) of the Internal Revenue Code of 1954 to the extent that the <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 986.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s403">26 USC 403.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 940.</p></sidenote> assets of the contract are held in one or more custodial accounts pursuant to section 403(b)(7) of such Code.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Except as provided in paragraph (2) or (3) or subsection (d), or under section 4042 and 4044 (relating to termination of insured <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> pp. 1021, 1025.</p></sidenote> plans), the assets of a plan shall never inure to the benefit of any employer and shall be held for the exclusive purposes of providing benefits to participants in the plan and their beneficiaries and defraying reasonable expenses of administering the plan.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">In the case of a contribution which is made by an employer by a mistake of fact, paragraph (1) shall not prohibit the return of such contribution to the employer within one year after the payment of the contribution.</content></subparagraph> <page identifier="/us/stat/88/877">88 <inline class="smallCaps">Stat.</inline> 877</page> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num><content class="inline">If a contribution is conditioned on qualification of the plan under section 401, 403(a), or 405(a) of the Internal Revenue Code of 1954, and if the plan does not qualify, then paragraph (1) shall not <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401/s403/s405">26 USC 401, 403, 405.</ref></p></sidenote> prohibit the return of such contribution to the employer within one year after the date of denial of qualification of the plan.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <content>If a contribution is conditioned upon the deductibility of the contribution under section 404 of the Internal Revenue Code of 1954, <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 921.</p></sidenote> then, to the extent the deduction is disallowed, paragraph (1) shall not prohibit the return to the employer of such contribution (to the extent disallowed) within one year after the disallowance of the deduction.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>In the case of a contribution which would otherwise be an excess contribution (as defined in section 4972(b) of the Internal Revenue Code of 1954) paragraph (1) shall not prohibit a correcting distribution <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 955.</p></sidenote> with respect to such contribution from the plan to the employer to the extent permitted in such section to avoid payment of an excise tax on excess contributions under such section.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Upon termination of a pension plan to which section 4021 does not apply at the time of termination and to which this part applies (other than a plan to which no employer contributions have been made) the assets of the plan shall be allocated in accordance with the provisions of section 4044 of this Act, except as otherwise provided <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1025.</p></sidenote> in regulations of the Secretary.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The assets of a welfare plan which terminates shall be distributed in accordance with the terms of the plan, except as otherwise provided in regulations of the Secretary.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">fiduciary duties</inline></heading> <num value="404"><inline class="smallCaps">Sec.</inline> 404.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">Subject to sections 403(c) and (d), 4042, and 4044, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1104">29 USC 1104.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 876; <i>Post,</i> pp. 1021, 1025.</p></sidenote> a fiduciary shall discharge his duties with respect to a plan solely in the interest of the participants and beneficiaries and—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <chapeau>for the exclusive purpose of:</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>providing benefits to participants and their beneficiaries; and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>defraying reasonable expenses of administering the plan;</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>by diversifying the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>in accordance with the documents and instruments governing the plan insofar as such documents and instruments are consistent with the provisions of this title.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>In the case of an eligible individual account plan (as defined in section 407(d)(3)), the diversification requirement of paragraph (1)(C) and the prudence requirement (only to the extent that it requires diversification) of paragraph (1)(B) is not violated by acquisition or holding of qualifying employer real property or qualifying employer securities (as defined in section 407(d)(4) and (5)).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Except as authorized by the Secretary by regulation, no fiduciary may maintain the indicia of ownership of any assets of a plan outside the jurisdiction of the district courts of the United States.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>In the case of a pension plan which provides for individual accounts and permits a participant or beneficiary to exercise control over assets in his account, if a participant or beneficiary exercises con-<page identifier="/us/stat/88/878">88 <inline class="smallCaps">Stat.</inline> 878</page>trol over the assets in his account (as determined under regulations of the Secretary)—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>such participant or beneficiary shall not be deemed to be a fiduciary by reason of such exercise, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>no person who is otherwise a fiduciary shall be liable under this part for any loss, or by reason of any breach, which results from such participant’s or beneficiary’s exercise of control.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">liability for breach by co-fiduciary</inline></heading> <num value="405"><inline class="smallCaps">Sec.</inline> 405.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">In addition to any liability which he may have under <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1105">29 USC 1105.</ref></p></sidenote> any other provision of this part, a fiduciary with respect to a plan shall be liable for a breach of fiduciary responsibility of another fiduciary with respect to the same plan in the following circumstances:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>if he participates knowingly in, or knowingly undertakes to conceal, an act or omission of such other fiduciary, knowing such act or omission is a breach;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>if, by his failure to comply with section 404(a)(1) in the administration of his specific responsibilities which give rise to his status as a fiduciary, he has enabled such other fiduciary to commit a breach; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>if he has knowledge of a breach by such other fiduciary, unless he makes reasonable efforts under the circumstances to remedy the breach.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">Except as otherwise provided in subsection (d) and in section 403(a)(1) and (2), if the assets of a plan are held by two or more trustees—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>each shall use reasonable care to prevent a co-trustee from committing a breach; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>they shall jointly manage and control the assets of the plan, except that nothing in this subparagraph (B) shall preclude any agreement, authorized by the trust instrument, allocating specific responsibilities, obligations, or duties among trustees, in which event a trustee to whom certain responsibilities, obligations, or duties have not been allocated shall not be liable by reason of this subparagraph (B) either individually or as a trustee for any loss resulting to the plan arising from the acts or omissions on the part of another trustee to whom such responsibilities, obligations, or duties have been allocated.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Nothing in this subsection shall limit any liability that a fiduciary may have under subsection (a) or any other provision of this part.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">In the case of a plan the assets of which are held in more than one trust, a trustee shall not be liable under paragraph (1) except with respect to an act or omission of a trustee of a trust of which he is a trustee.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>No trustee shall be liable under this subsection for following instructions referred to in section 403(a)(1).</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The instrument under which a plan is maintained may expressly provide for procedures (A) for allocating fiduciary responsibilities (other than trustee responsibilities) among named fiduciaries, and (B) for named fiduciaries to designate persons other than named fiduciaries to carry out fiduciary responsibilities (other than trustee responsibilities) under the plan.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>If a plan expressly provides for a procedure described in paragraph (1), and pursuant to such procedure any fiduciary responsibility of a named fiduciary is allocated to any person, or a person is designated to carry out any such responsibility, then such named fiduciary <page identifier="/us/stat/88/879">88 <inline class="smallCaps">Stat.</inline> 879</page> shall not be liable for an act or omission of such person in carrying out such responsibility except to the extent that—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <chapeau>the named fiduciary violated section 404(a)(1)—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>with respect to such allocation or designation,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>with respect to the establishment or implementation of the procedure under paragraph (1), or</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>in continuing the allocation or designation; or</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the named fiduciary would otherwise be liable in accordance with subsection (a).</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>For purposes of this subsection, the term “trustee responsibility” <sidenote><p class="indent0 firstIndent1 fontsize8">“Trustee responsibility.”</p></sidenote> means any responsibility provided in the plan’s trust instrument (if any) to manage or control the assets of the plan, other than a power under the trust instrument of a named fiduciary to appoint an investment manager in accordance with section 402(c)(3).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">If an investment manager or managers have been appointed <sidenote><p class="indent0 firstIndent1 fontsize8">Liability.</p></sidenote> under section 402(c)(3), then, notwithstanding subsections (a) (2) and (3) and subsection (b), no trustee shall be liable for the acts or omissions of such investment manager or managers, or be under an obligation to invest or otherwise manage any asset of the plan which is subject to the management of such investment manager.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Nothing in this subsection shall relieve any trustee of any liability under this part for any act of such trustee.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">prohibited transactions</inline></heading> <num value="406"><inline class="smallCaps">Sec.</inline> 406.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Except as provided in section 408:<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1106">29 USC 1106.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <chapeau class="inline">A fiduciary with respect to a plan shall not cause the plan to engage in a transaction, if he knows or should know that such transaction constitutes a direct or indirect—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>sale or exchange, or leasing, of any property between the plan and a party in interest;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>lending of money or other extension of credit between the plan and a party in interest;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>furnishing of goods, services, or facilities between the plan and a party in interest;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>transfer to, or use by or for the benefit of, a party in interest, of any assets of the plan; or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">(E)</num> <content>acquisition, on behalf of the plan, of any employer security or employer real property in violation of section 407(a).</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>No fiduciary who has authority or discretion to control or manage the assets of a plan shall permit the plan to hold any employer security or employer real property if he knows or should know that holding such security or real property violates section 407(a).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau class="inline">A fiduciary with respect to a plan shall not—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>deal with the assets of the plan in his own interest or for his own account,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>in his individual or in any other capacity act in any transaction involving the plan on behalf of a party (or represent a party) whose interests are adverse to the interests of the plan or the interests of its participants or beneficiaries, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>receive any consideration for his own personal account from any party dealing with such plan in connection with a transaction involving the assets of the plan.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>A transfer of real or personal property by a party in interest to a plan shall be treated as a sale or exchange if the property is subject to a mortgage or similar lien which the plan assumes or if it is subject to a mortgage or similar lien which a party-in-interest placed <page identifier="/us/stat/88/880">88 <inline class="smallCaps">Stat.</inline> 880</page> on the property within the 10-year period ending on the date of the transfer.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">10 percent limitation with respect to acquisition and holding of employer securities and employer real property by certain plans</inline></heading> <num value="407"><inline class="smallCaps">Sec.</inline> 407.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Except as otherwise provided in this section and section <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1107">29 USC 1107.</ref></p></sidenote> 414:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <chapeau>A plan may not acquire or hold—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>any employer security which is not a qualifying employer security, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>any employer real property which is not qualifying employer real property.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>A plan may not acquire any qualifying employer security or qualifying employer real property, if immediately after such acquisition the aggregate fair market value of employer securities and employer real property held by the plan exceeds 10 percent of the fair market value of the assets of the plan.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num><subparagraph class="inline"><num value="A">(A)</num> <chapeau class="inline">After December 31, 1984, a plan may not hold any qualifying employer securities or qualifying employer real property (or both) to the extent that the aggregate fair market value of such securities and property determined on December 31, 1984, exceeds 10 percent of the greater of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the fair market value of the assets of the plan, determined on December 31, 1984, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>the fair market value of the assets of the plan determined on January 1, 1975.</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <chapeau>Subparagraph (A) of this paragraph shall not apply to any plan which on any date after December 31, 1974; and before January 1, 1985, did not hold employer securities or employer real property (or both) the aggregate fair market value of which determined on such date exceeded 10 percent of the greater of</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the fair market value of the assets of the plan, determined on such date, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>the fair market value of the assets of the plan determined on January 1, 1975.</content></clause></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">After December 31, 1979, a plan may not hold any employer securities or employer real property in excess of the amount specified in regulations under subparagraph (B). This subparagraph shall not apply to a plan after the earliest date after December 31, 1974, on which it complies with such regulations.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>Not later than December 31, 1976, the Secretary shall prescribe <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> regulations which shall have the effect of requiring that a plan divest itself of 50 percent of the holdings of employer securities and employer real property which the plan would be required to divest before January 1, 1985, under paragraph (2) or subsection (c) (whichever is applicable).</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Subsection (a) of this section shall not apply to any acquisition or holding of qualifying employer securities or qualifying employer real property by an eligible individual account plan.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <heading><inline class="smallCaps">Cross References.</inline>—</heading> <subparagraph class="indentUp2 fontsize8"><num value="A"><b>(A)</b></num> <content><b>For exemption from diversification requirements for holding of qualifying employer securities and qualifying employer real property by eligible individual account plans, see section 404(a)(2).</b></content></subparagraph> <subparagraph class="indentUp2 fontsize8"><num value="B"><b>(B)</b></num> <content><b>For exemption from prohibited transactions for certain acquisitions of qualifying employer securities and qualifying employer real property which are not in violation of 10 percent limitation, see section 408(c).</b></content></subparagraph> <subparagraph class="indentUp2 fontsize8"><num value="C"><b>(C)</b></num> <content><b>For transitional rules respecting securities or real property subject to binding contracts in effect on June 30, 1974, see section 414(c).</b></content></subparagraph></paragraph></subsection> <page identifier="/us/stat/88/881">88 <inline class="smallCaps">Stat.</inline> 881</page> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">A plan which makes the election, under paragraph (3) shall be treated as satisfying the requirement of subsection (a)(3) if and only if employer securities held on any date after December 31, 1974 and before January 1, 1985 have a fair market value, determined as of December 31, 1974, not in excess of 10 percent of the lesser of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the fair market value of the assets of the plan determined on such date (disregarding any portion of the fair market value of employer securities which is attributable to appreciation of such securities after December 31, 1974) but not less than the fair market value of plan assets on January 1, 1975, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>an amount equal to the sum of (i) the total amount of the contributions to the plan received after December 31, 1974, and prior to such date, plus (ii) the fair market value of the assets of the plan, determined on January 1, 1975.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>For purposes of this subsection, in the case of an employer security held by a plan after January 1, 1975, the ownership of which is derived from ownership of employer securities held by the plan on January 1, 1975, or from the exercise of rights derived from such ownership, the value of such security held after January 1, 1975, shall be based on the value as of January 1, 1975, of the security from which ownership was derived. The Secretary shall prescribe regulations to carry out this paragraph.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>An election under this paragraph may not be made after December 31, 1975. Such an election shall be made in accordance with regulations prescribed by the Secretary, and shall be irrevocable. A plan may make an election under this paragraph only if on January 1, 1975, the plan holds no employer real property. After such election and before January 1, 1985 the plan may not acquire any employer real property.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <chapeau>For purposes of this section—<sidenote><p class="indent0 firstIndent1 fontsize8">Definitions.</p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>The term “employer security” means a security issued by an employer of employees covered by the plan, or by an affiliate of such employer. A contract to which section 408(b)(5) applies shall not be treated as a security for purposes of this section.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>The term “employer real property” means real property (and related personal property) which is leased to an employer of employees covered by the plan, or to an affiliate of such employer. For purposes of determining the time at which a plan acquires employer real property for purposes of this section, such property shall be deemed to be acquired by the plan on the date on which the plan acquires the property or on the date on which the lease to the employer (or affiliate) is entered into, whichever is later.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">The term “eligible individual account plan” means an individual account plan which is (i) a profit-sharing, stock bonus, thrift, or savings plan; (ii) an employee stock ownership plan; or (iii) a money purchase plan which was in existence on the date of enactment of this Act and which on such date invested primarily in qualifying employer securities. Such term excludes an individual retirement account or annuity described in section 408 of the Internal Revenue Code of 1954.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 959.</p></sidenote></content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>Notwithstanding subparagraph (A), a plan shall be treated as an eligible individual account plan with respect to the acquisition or holding of qualifying employer real property or qualifying employer securities only if such plan explicitly provides for acquisition and holding of qualifying employer securities or qualifying employer real property (as the case may be). In the case of a plan in existence on the date of enactment of this Act, this subparagraph shall not take effect until January 1, 1976.</content></subparagraph></paragraph> <page identifier="/us/stat/88/882">88 <inline class="smallCaps">Stat.</inline> 882</page> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <chapeau>The term “qualifying employer real property” means parcels of employer real property—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>if a substantial number of the parcels are dispersed geographically;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>if each parcel of real property and the improvements thereon are suitable (or adaptable without excessive cost) for more than one use;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>even if all of such real property is leased to one lessee (which may be an employer, or an affiliate of an employer); and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>if the acquisition and retention of such property comply with the provisions of this part (other than section 404 (a)(1)(B) to the extent it requires diversification, and sections 404(a)(1)(C),406, and subsection (a) of this section).</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>The term “qualifying employer security” means an employer security which is stock or a marketable obligation (as defined in subsection (e)).</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <chapeau>The term “employee stock ownership plan” means an individual account plan—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>which is a stock bonus plan which is qualified, or a stock bonus plan and money purchase both of which are qualified, under section 401 of the Internal Revenue Code of 1954, and which is designed to invest primarily in qualifying <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 401.</ref></p></sidenote> employee securities, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>which meets such other requirements as the Secretary of the Treasury may prescribe by regulation.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>A corporation is an affiliate of an employer if it is a member of any controlled group of corporations (as defined in section 1563(a) of the Internal Revenue Code of 1954, except that “applicable <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1563">26 USC 1563.</ref></p></sidenote> percentage” shall be substituted for “80 percent” wherever the latter percentage appears in such section) of which the employer who maintains the plan is a member. For purposes of the preceding sentence, the term “applicable percentage” means 50 percent, or such lower percentage as the Secretary may prescribe by regulation. A person other than a corporation shall be treated as an affiliate of an employer to the extent provided in regulations of the Secretary. An employer which is a person other than a corporation shall be treated as affiliated with another person to the extent provided by regulations of the Secretary. Regulations under this paragraph shall be prescribed only after consultation and coordination with the Secretary of the Treasury.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <content>The Secretary may prescribe regulations specifying the <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> extent to which conversions, splits, the exercise of rights, and similar transactions are not treated as acquisitions.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <chapeau>For purposes of subsection (d)(5), the term “marketable obligation” <sidenote><p class="indent0 firstIndent1 fontsize8">“Marketable obligation.”</p></sidenote> means a bond, debenture, note, or certificate, or other evidence of indebtedness (hereinafter in this subsection referred to as “obligation”) if—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <chapeau>such obligation is acquired—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>on the market, either (i) at the price of the obligation prevailing on a national securities exchange which is registered with the Securities and Exchange Commission, or (ii) if the obligation is not traded on such a national securities exchange, at a price not less favorable to the plan than the offering price for the obligation as established by current bid and asked prices quoted by persons independent of the issuer;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>from an underwriter, at a price (i) not in excess of the public offering price for the obligation as set forth in a prospectus or offering circular filed with the Securities and <page identifier="/us/stat/88/883">88 <inline class="smallCaps">Stat.</inline> 883</page> Exchange Commission, and (ii) at which a substantial portion of the same issue is acquired by persons independent of the issuer; or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>directly from the issuer, at a price not less favorable to the plan than the price paid currently for a substantial portion of the same issue by persons independent of the issuer;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <chapeau>immediately following acquisition of such obligation—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>not more than 25 percent of the aggregate amount of obligations issued in such issue and outstanding at the time of acquisition is held by the plan, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>at least 50 percent of the aggregate amount referred to in subparagraph (A) is held by persons independent of the issuer; and</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>immediately following acquisition of the obligation, not more than 25 percent of the assets of the plan is invested in obligations of the employer or an affiliate of the employer.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">exemptions from prohibited transactions</inline></heading> <num value="408"><inline class="smallCaps">Sec.</inline> 408.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Secretary shall establish an exemption procedure <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1108">29 USC 1108.</ref></p></sidenote> for purposes of this subsection. Pursuant to such procedure, he may grant a conditional or unconditional exemption of any fiduciary or transaction, or class of fiduciaries or transactions, from all or part of the restrictions imposed by sections 406 and 407(a). Action under this subsection may be taken only after consultation and coordination with the Secretary of the Treasury. An exemption granted under this section shall not relieve a fiduciary from any other applicable provision of this Act. The Secretary may not grant an exemption under this subsection unless he finds that such exemption is—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>administratively feasible,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>in the interests of the plan and of its participants and beneficiaries, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>protective of the rights of participants and beneficiaries of such plan.</content></paragraph> <continuation class="indent0 fontsize10">Before granting an exemption under this subsection from section 406(a) <sidenote><p class="indent0 firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> or 407(a), the Secretary shall publish notice in the Federal Register of the pendency of the exemption, shall require that adequate notice be given to interested persons, and shall afford interested persons opportunity to present views. The Secretary may not grant an exemption under this subsection from section 406(b) unless he affords an opportunity for a hearing and makes a determination on the record with respect to the findings required by paragraphs (1), (2), and (3) of this subsection.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>The prohibitions provided in section 406 shall not apply to <sidenote><p class="indent0 firstIndent1 fontsize8">Nonapplicability.</p></sidenote> any of the following transactions:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>Any loans made by the plan to parties in interest who are participants or beneficiaries of the plan if such loans (A) are available to all such participants and beneficiaries on a reasonably equivalent basis, (B) are not made available to highly compensated employees, officers, or shareholders in an amount greater than the amount made available to other employees, (C) are made in accordance with specific provisions regarding such loans set forth in the plan, (D) bear a reasonable rate of interest, and (E) are adequately secured.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>Contracting or making reasonable arrangements with a party in interest for office space, or legal, accounting, or other services necessary for the establishment or operation of the plan, if no more than reasonable compensation is paid therefor.</content></paragraph> <page identifier="/us/stat/88/884">88 <inline class="smallCaps">Stat.</inline> 884</page> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <chapeau>A loan to an employee stock ownership plan (as defined in section 407(d)(6)), if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>such loan is primarily for the benefit of participants and beneficiaries of the plan, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>such loan is at an interest rate which is not in excess of a reasonable rate.</content></subparagraph> <continuation class="indent0 fontsize10">If the plan gives collateral to a party in interest for such loan, such collateral may consist only of qualifying employer securities (as defined in section 407(d)(5)).</continuation></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <chapeau>The investment of all or part of a plan’s assets in deposits which bear a reasonable interest rate in a bank or similar financial institution supervised by the United States or a State, if such bank or other institution is a fiduciary of such plan and if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the plan covers only employees of such bank or other institution and employees of affiliates of such bank or other institution, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>such investment is expressly authorized by a provision of the plan or by a fiduciary (other than such bank or institution or affiliate thereof) who is expressly empowered by the plan to so instruct the trustee with respect to such investment.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <chapeau>Any contract for life insurance, health insurance, or annuities with one or more insurers which are qualified to do business in a State, if the plan pays no more than adequate consideration, and if each such insurer or insurers is—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the employer maintaining the plan, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>a party in interest which is wholly owned (directly or indirectly) by the employer maintaining the plan, or by any person which is a party in interest with respect to the plan, but only if the total premiums and annuity considerations written by such insurers for life insurance, health insurance, or annuities for all plans (and their employers) with respect to which such insurers are parties in interest (not including premiums or annuity considerations written by the employer maintaining the plan) do not exceed 5 percent of the total premiums and annuity considerations written for all lines of insurance in that year by such insurers (not including premiums or annuity considerations written by the employer maintaining the plan).</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <chapeau>The providing of any ancillary service by a bank or similar financial institution supervised by the United States or a State, if such bank or other institution is a fiduciary of such plan, and if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>such bank or similar financial institution has adopted adequate internal safeguards which assure that the providing of such ancillary service is consistent with sound banking and financial practice, as determined by Federal or State supervisory authority, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the extent to which such ancillary service is provided is subject to specific guidelines issued by such bank or similar financial institution (as determined by the Secretary after consultation with Federal and State supervisory authority), and adherence to such guidelines would reasonably preclude such bank or similar financial institution from providing such ancillary service (i) in an excessive or unreasonable manner, and (ii) in a manner that would be inconsistent with the best interests of participants and beneficiaries of employee benefit plans.</content></subparagraph> <page identifier="/us/stat/88/885">88 <inline class="smallCaps">Stat.</inline> 885</page> <continuation class="indent0 fontsize10">Such ancillary services shall not be provided at more than reasonable compensation.</continuation></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>The exercise of a privilege to convert securities, to the extent provided in regulations of the Secretary, but only if the plan receives no less than adequate consideration pursuant to such conversion.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <chapeau>Any transaction between a plan and (i) a common or collective trust fund or pooled investment fund maintained by a party in interest which is a bank or trust company supervised by a State or Federal agency or (ii) a pooled investment fund of an insurance company qualified to do business in a State, if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the transaction is a sale or purchase of an interest in the fund,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the bank, trust company, or insurance company receives not more than reasonable compensation, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>such transaction is expressly permitted by the instrument under which the plan is maintained, or by a fiduciary (other than the bank, trust company, or insurance company, or an affiliate thereof) who has authority to manage and control the assets of the plan.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">(9)</num> <content>The making by a fiduciary of a distribution of the assets of the plan in accordance with the terms of the plan if such assets are distributed in the same manner as provided under section 4044 of this Act (relating to allocation of assets).<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1025.</p></sidenote></content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>Nothing in section 406 shall be construed to prohibit any fiduciary from—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>receiving any benefit to which he may be entitled as a participant or beneficiary in the plan, so long as the benefit is computed and paid on a basis which is consistent with the terms of the plan as applied to all other participants and beneficiaries;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>receiving any reasonable compensation for services rendered, or for the reimbursement of expenses properly and actually incurred, in the performance of his duties with the plan; except that no person so serving who already receives full-time pay from an employer or an association of employers, whose employees are participants in the plan, or from an employee organization whose members are participants in such plan shall receive compensation from such plan, except for reimbursement of expenses properly and actually incurred; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>serving as a fiduciary in addition to being an officer, employee, agent, or other representative of a party in interest.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <chapeau>Section 407(b) and subsections (a), (b), (c), and (e) of this section shall not apply to any transaction in which a plan, directly or indirectly—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>lends any part of the corpus or income of the plan to;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>pays any compensation for personal services rendered to the plan to; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>acquires for the plan any property from or sells any property to;</content></paragraph> <continuation class="indent0 fontsize10">any person who is with respect to the plan an owner-employee (as defined in section 401(c)(3) of the Internal Revenue Code of 1954), <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s267">26 USC 267.</ref></p></sidenote> a member of the family (as defined in section 267(c)(4) of such Code) of any such owner-employee, or a corporation controlled by any such owner-employee through the ownership, directly or indirectly, of 50 percent or more of the total combined voting power of all classes of stock entitled to vote or 50 percent or more of the total value of shares of all classes of stock of the corporation. For purposes of this subsection a shareholder employee (as defined in section 1379 of the Internal <page identifier="/us/stat/88/886">88 <inline class="smallCaps">Stat.</inline> 886</page> Revenue Code of 1954) and a participant or beneficiary of an individual <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1379">26 USC 1379.</ref></p></sidenote> retirement account, individual retirement annuity, or an individual retirement bond (as defined in section 408 or 409 of the Internal Revenue Code of 1954) and an employer or association of employers which <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> pp. 959, 964.</p></sidenote> establishes such an account or annuity under section 408(c) of such code shall be deemed to be an owner-employee.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <chapeau>Sections 406 and 407 shall not apply to the acquisition or sale by a plan of qualifying employer securities (as defined in section 407(d)(5)) or acquisition, sale or lease by a plan of qualifying employer real property (as defined in section 407(d)(4))—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>if such acquisition, sale, or lease is for adequate consideration (or in the case of a marketable obligation, at a price not less favorable to the plan than the price determined under Section 407(e)(1)),</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>if no commission is charged with respect thereto, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <chapeau>if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the plan is an eligible individual account plan (as defined in section 407(d)(3)), or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>in the case of an acquisition or lease of qualifying employer real property by a plan which is not an eligible individual account plan, or of an acquisition of qualifying employer securities by such a plan, the lease or acquisition is not prohibited by section 407(a).</content></subparagraph></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">liability for breach of fiduciary duty</inline></heading> <num value="409"><inline class="smallCaps">Sec.</inline> 409.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Any person who is a fiduciary with respect to a plan <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1109">29 USC 1109.</ref></p></sidenote> who breaches any of the responsibilities, obligations, or duties imposed upon fiduciaries by this title shall be personally liable to make good to such plan any losses to the plan resulting from each such breach, and to restore to such plan any profits of such fiduciary which have been made through use of assets of the plan by the fiduciary, and shall be subject to such other equitable or remedial relief as the court may deem appropriate, including removal of such fiduciary. A fiduciary may also be removed for a violation of section 411 of this Act.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>No fiduciary shall be liable with respect to a breach of fiduciary duty under this title if such breach was committed before he became a fiduciary or after he ceased to be a fiduciary.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">exculpatory provisions; insurance</inline></heading> <num value="410"><inline class="smallCaps">Sec.</inline> 410.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Except as provided in sections 405(b)(1) and 405(d), <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1110">29 USC 1110.</ref></p></sidenote> any provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility, obligation, or duty under this part shall be void as against public policy.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>Nothing in this subpart shall preclude—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>a plan from purchasing insurance for its fiduciaries or for itself to cover liability or losses occurring by reason of the act or omission of a fiduciary, if such insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation by such fiduciary;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>a fiduciary from purchasing insurance to cover liability under this part from and for his own account; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>an employer or an employee organization from purchasing insurance to cover potential liability of one or more persons who serve in a fiduciary capacity with regard to an employee benefit plan.</content></paragraph></subsection> </section> <page identifier="/us/stat/88/887">88 <inline class="smallCaps">Stat.</inline> 887</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">prohibition against certain persons holding certain positions</inline></heading> <num value="411"><inline class="smallCaps">Sec.</inline> 411.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">No person who has been convicted of, or has been <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1111">29 USC 1111.</ref></p></sidenote> imprisoned as a result of his conviction of, robbery, bribery, extortion, embezzlement, fraud, grand larceny, burglary, arson, a felony violation of Federal or State law involving substances defined in section 102(6) of the Comprehensive Drug Abuse Prevention and Control Act of 1970, murder, rape, kidnaping, perjury, assault with intent to kill, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t21/s802">21 USC 802.</ref></p></sidenote> any crime described in section 9(a)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a–9(a)(1)), a violation of any provision of this Act, a violation of section 302 of the Labor-Management Relations Act, 1947 (29 U.S.C. 186), a violation of chapter 63 of title 18, United States Code, a violation of section 874, 1027, 1503, 1505, 1506, 1510, 1951, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t18/s1341">18 USC 1341.</ref></p></sidenote> or 1954 of title 18, United States Code, a violation of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 401), or conspiracy <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s401">29 USC 401</ref> note.</p></sidenote> to commit any such crimes or attempt to commit any such crimes, or a crime in which any of the foregoing crimes is an element, shall serve or be permitted to serve—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>as an administrator, fiduciary, officer, trustee, custodian, counsel, agent, or employee of any employee benefit plan, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>as a consultant to any employee benefit plan,</content></paragraph> <continuation class="indent0 fontsize10">during or for five years after such conviction or after the end of such imprisonment, whichever is the later, unless prior to the end of such five-year period, in the case of a person so convicted or imprisoned, (A) his citizenship rights, having been revoked as a result of such conviction, have been fully restored, or (B) the Board of Parole of the United States Department of Justice determines that such person’s service in any capacity referred to in paragraph (1) or (2) would not be contrary to the purposes of this title. Prior to making any such determination the Board shall hold an administrative hearing and shall give notice of such proceeding by certified mail to the State, county, and Federal prosecuting officials in the jurisdiction or jurisdictions in which such person was convicted. The Board’s determination in any such proceeding shall be final. No person shall knowingly permit any other person to serve in any capacity referred to in paragraph (1) or (2) in violation of this subsection. Notwithstanding the preceding provisions of this subsection, no corporation or partnership will be precluded from acting as an administrator, fiduciary, officer, trustee, custodian, counsel, agent, or employee, of any employee benefit plan or as a consultant to any employee benefit plan without a notice, hearing, and determination by such Board of Parole that such service would be inconsistent with the intention of this section.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Any person who intentionally violates this section shall be fined <sidenote><p class="indent0 firstIndent1 fontsize8">Penalty.</p></sidenote> not more than $10,000 or imprisoned for not more than one year, or both.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau class="inline">For the purposes of this section:<sidenote><p class="indent0 firstIndent1 fontsize8">Definitions.</p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>A person shall be deemed to have been “convicted” and under the disability of “conviction” from the date of the judgment of the trial court or the date of the final sustaining of such judgment on appeal, whichever is the later event.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>The term “consultant” means any person who, for compensation, advises or represents an employee benefit plan or who provides other assistance to such plan, concerning the establishment or operation of such plan.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>A period of parole shall not be considered as part of a period of imprisonment.</content></paragraph></subsection> </section> <page identifier="/us/stat/88/888">88 <inline class="smallCaps">Stat.</inline> 888</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">bonding</inline></heading> <num value="412"><inline class="smallCaps">Sec.</inline> 412.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Every fiduciary of an employee benefit plan and every <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1112">29 USC 1112.</ref></p></sidenote> person who handles funds or other property of such a plan (hereafter in this section referred to as “plan official”) shall be bonded as provided in this section; except that—</chapeau> <paragraph class="indent0 fontsize10"><num value="1">(1)</num> <content>where such plan is one under which the only assets from which benefits are paid are the general assets of a union or of an employer, the administrator, officers, and employees of such plan shall be exempt from the bonding requirements of this section, and</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>no bond shall be required of a fiduciary (or of any director, officer, or employee of such fiduciary) if such fiduciary—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>is a corporation organized and doing business under the laws of the United States or of any State;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>is authorized under such laws to exercise trust powers or to conduct an insurance business;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>is subject to supervision or examination by Federal or State authority; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>has at all times a combined capital and surplus in excess of such a minimum amount as may be established by regulations issued by the Secretary, which amount shall be at least $1,000,000. Paragraph (2) shall apply to a bank or other financial institution which is authorized to exercise trust powers and the deposits of which are not insured by the Federal Deposit Insurance Corporation, only if such bank or institution meets bonding or similar requirements under State law which the Secretary determines are at least equivalent to those imposed on banks by Federal law.</content></subparagraph> <continuation class="indent0 fontsize10">The amount of such bond shall be fixed at the beginning of each fiscal year of the plan. Such amount shall be not less than 10 per centum of the amount of funds handled. In no case shall such bond be less than <sidenote><p class="indent0 firstIndent1 fontsize8">Limitation.</p></sidenote> $1,000 nor more than $500,000, except that the Secretary, after due notice and opportunity for hearing to all interested parties, and after consideration of the record, may prescribe an amount in excess of $500,000, subject to the 10 per centum limitation of the preceding sentence. For purposes of fixing the amount of such bond, the amount of funds handled shall be determined by the funds handled by the person, group, or class to be covered by such bond and by their predecessor or predecessors, if any, during the preceding reporting year, or if the plan has no preceding reporting year, the amount of funds to be handled during the current reporting year by such person, group, or class, estimated as provided in regulations of the Secretary. Such bond shall provide protection to the plan against loss by reason of acts of fraud or dishonesty on the part of the plan official, directly or through connivance with others. Any bond shall have as surety thereon a corporate surety company which is an acceptable surety on Federal bonds under authority granted by the Secretary of the Treasury pursuant to sections 6 through 13 of title 6, United States Code. Any bond shall be in a form or of a type approved by the Secretary, including individual bonds or schedule or blanket forms of bonds which cover a group or class.</continuation></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>It shall be unlawful for any plan official to whom subsection (a) applies, to receive, handle, disburse, or otherwise exercise custody or control of any of the funds or other property of any employee benefit plan, without being bonded as required by subsection (a) and it shall be unlawful for any plan official of such plan, or any other person having authority to direct the performance of such functions, to permit such functions, or any of them, to be performed by any plan official, with respect to whom the requirements of subsection (a) have not been met.</content></subsection> <page identifier="/us/stat/88/889">88 <inline class="smallCaps">Stat.</inline> 889</page> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>It shall be unlawful for any person to procure any bond required by subsection (a) from any surety or other company or through any agent or broker in whose business operations such plan or any party in interest in such plan has any control or significant financial interest, direct or indirect.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Nothing in any other provision of law shall require any person, required to be bonded as provided in subsection (a) because he handles funds or other property of an employee benefit plan, to be bonded insofar as the handling by such person of the funds or other property of such plan is concerned.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>The Secretary shall prescribe such regulations as may be necessary <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> to carry out the provisions of this section including exempting a plan from the requirements of this section where he finds that (1) other bonding arrangements or (2) the overall financial condition of the plan would be adequate to protect the interests of the beneficiaries and participants. When, in the opinion of the Secretary, the administrator of a plan offers adequate evidence of the financial responsibility of the plan, or that other bonding arrangements would provide adequate protection of the beneficiaries and participants, he may exempt such plan from the requirements of this section.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">limitation on actions</inline></heading> <num value="413"><inline class="smallCaps">Sec.</inline> 413.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">No action may be commenced under this title with <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1113">29 USC 1113.</ref></p></sidenote> respect to a fiduciary’s breach of any responsibility, duty, or obligation under this part, or with respect to a violation of this part, after the earlier of—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>six years after (A) the date of the last action which constituted a part of the breach or violation, or (B) in the case of an omission, the latest date on which the fiduciary could have cured the breach or violation, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>three years after the earliest date (A) on which the plaintiff had actual knowledge of the breach or violation, or (B) on which a report from which he could reasonably be expected to have obtained knowledge of such breach or violation was filed with the Secretary under this title;</content></paragraph> <continuation class="indent0 fontsize10">except that in the case of fraud or concealment, such action may be commenced not later than six years after the date of discovery of such breach or violation.</continuation></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">effective date</inline></heading> <num value="414"><inline class="smallCaps">Sec.</inline> 414.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Except as provided in subsections (b), (c), and (d), <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1114">29 USC 1114.</ref></p></sidenote> this part shall take effect on January 1, 1975.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <paragraph class="inline"><num value="1">(1)</num> <content class="inline">The provisions of this part authorizing the Secretary to promulgate regulations shall take effect on the date of enactment of this Act.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Upon application of a plan, the Secretary may postpone until not later than January 1, 1976, the applicability of any provision of sections 402, 403 (other than 403(c)), 405 (other than 405 (a) and (d)), and 410(a), as it applies to any plan in existence on the date of enactment of this Act if he determines such postponement is (A) necessary to amend the instrument establishing the plan under which the plan is maintained and (B) not adverse to the interest of participants and beneficiaries.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>This part shall take effect on the date of enactment of this Act with respect to a plan which terminates after June 30, 1974, and before January 1, 1975, and to which at the time of termination section 4021 applies.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1014.</p></sidenote></content></paragraph></subsection> <page identifier="/us/stat/88/890">88 <inline class="smallCaps">Stat.</inline> 890</page> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>Section 406 and 407 (a) (relating to prohibited transactions) shall not apply—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>until June 30, 1984, to a loan of money or other extension of credit between a plan and a party in interest under a binding contract in effect on July 1, 1974 (or pursuant to renewals of such a contract), if such loan or other extension of credit remains at least as favorable to the plan as an arm’s-length transaction with an unrelated party would be, and if the execution of the contract, the making of the loan, or the extension of credit was not, at the time of such execution, making, or extension, a prohibited transaction (within the meaning of section 503(b) of the Internal Revenue Code of 1954 or the corresponding provisions of prior <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s503">26 USC 503.</ref></p></sidenote> law);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>until June 30, 1984, to a lease or joint use of property involving the plan and a party in interest pursuant to a binding contract in effect on July 1, 1974 (or pursuant to renewals of such a contract), if such lease or joint use remains at least as favorable to the plan as an arm’s-length transaction with an unrelated party would be and if the execution of the contract was not, at the time of such execution, a prohibited transaction (within the meaning of section 503(b) of the Internal Revenue Code of 1954) or the corresponding provisions of prior law;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <chapeau>until June 30, 1984, to the sale, exchange, or other disposition of property described in paragraph (2) between a plan and a party in interest if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>in the case of a sale, exchange, or other disposition of the property by the plan to the party in interest, the plan receives an amount which is not less than the fair market value of the property at the time of such disposition; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>in the case of the acquisition of the property by the plan, the plan pays an amount which is not in excess of the fair market value of the property at the time of such acquisition;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <chapeau>Until June 30, 1977, to the provision of services, to which paragraphs (1), (2), and (3) do not apply between a plan and a party in interest—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>under a binding contract in effect on July 1, 1974 (or pursuant to renewals of such contract), or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>if the party in interest ordinarily and customarily furnished such services on June 30, 1974, if such provision of services remains at least as favorable to the plan as an arm’s-length transaction with an unrelated party would be and if such provision of services was not, at the time of such provision, a prohibited transaction (within the meaning of section 503(b) of the Internal Revenue Code of 1954) or the corresponding provisions of prior law; or</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>the sale, exchange, or other disposition of property which is owned by a plan on June 30, 1974, and all times thereafter, to a party in interest, if such plan is required to dispose of such property in order to comply with the provisions of section 407(a) (relating to the prohibition against holding excess employer securities and employer real property), and if the plan receives not less than adequate consideration.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Any election, or failure to elect, by a disqualified person under section 2003(c)(1)(B) of this Act shall be treated for purposes of <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 971.</p></sidenote> this part (but not for purposes of section 514) as an act or omission occurring before the effective date of this part.</content></subsection> </section> </part> <page identifier="/us/stat/88/891">88 <inline class="smallCaps">Stat.</inline> 891</page> <part><num value="5"><inline class="smallCaps">Part 5</inline>—</num><heading><inline class="smallCaps">Administration and Enforcement</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">criminal penalties</inline></heading> <num value="501"><inline class="smallCaps">Sec.</inline> 501.</num> <content>Any person who willfully violates any provision of part 1 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1131">29 USC 1131.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 840.</p></sidenote> of this subtitle, or any regulation or order issued under any such provision, shall upon conviction be fined not more than $5,000 or imprisoned not more than one year, or both; except that in the case of such violation by a person not an individual, the fine imposed upon such person shall be a fine not exceeding $100,000.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">civil enforcement</inline></heading> <num value="502"><inline class="smallCaps">Sec.</inline> 502.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">A civil action may be brought—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1132">29 USC 1132.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <chapeau>by a participant or beneficiary—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>for the relief provided for in subsection (c) of this section, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>to recover benefits due to him under the terms of his plan, to enforce his rights under the terms of the plan, or to clarify his rights to future benefits under the terms of the plan;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by the Secretary, or by a participant, beneficiary or fiduciary for appropriate relief under section 409;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by a participant, beneficiary, or fiduciary (A) to enjoin any act or practice which violates any provision of this title or the terms of the plan, or (B) to obtain other appropriate equitable relief (i) to redress such violations or (ii) to enforce any provisions of this title or the terms of the plan;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>by the Secretary, or by a participant, or beneficiary for appropriate relief in the case of a violation of 105(c);<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 849.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>except as otherwise provided in subsection (b), by the Secretary (A) to enjoin any act or practice which violates any provision of this title, or (B) to obtain other appropriate equitable relief (i) to redress such violation or (ii) to enforce any provision of this title; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>by the Secretary to collect any civil penalty under subsection (i).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>In the case of a plan which is qualified under section 401(a), 403(a), or 405(a) of the Internal Revenue Code of 1954 (or with <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401/s403/s405">26 USC 401, 403, 405.</ref></p></sidenote> respect to which an application to so qualify has been filed and has not been finally determined) the Secretary may exercise his authority under subsection (a)(5) with respect to a violation of, or the enforcement of, parts 2 and 3 of this subtitle (relating to participation, vesting, and funding), only if—</chapeau><sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> pp. 852, 868.</p></sidenote> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>requested by the Secretary of the Treasury, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>one or more participants, beneficiaries, or fiduciaries, of such plan request in writing (in such manner as the Secretary shall prescribe by regulation) that he exercise such authority on their behalf. In the case of such a request under this paragraph he may exercise such authority only if he determines that such violation affects, or such enforcement is necessary to protect, claims of participants or beneficiaries to benefits under the plan.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Any administrator who fails or refuses to comply with a request for any information which such administrator is required by this title to furnish to a participant or beneficiary (unless such failure or refusal results from matters reasonably beyond the control of the administrator) by mailing the material requested to the last known address of the requesting participant or beneficiary within 30 days after such request may in the court’s discretion be personally liable to such participant or beneficiary in the amount of up to $100 a day from the <page identifier="/us/stat/88/892">88 <inline class="smallCaps">Stat.</inline> 892</page> date of such failure or refusal, and the court may in its discretion order such other relief as it deems proper.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">An employee benefit plan may sue or be sued under this title as an entity. Service of summons, subpena, or other legal process of a court upon a trustee or an administrator of an employee benefit plan in his capacity as such shall constitute service upon the employee benefit plan. In a case where a plan has not designated in the summary plan description of the plan an individual as agent for the service of legal process, service upon the Secretary shall constitute such service. The Secretary, not later than 15 days after receipt of service under the preceding sentence, shall notify the administrator or any trustee of the plan of receipt of such service.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Any money judgment under this title against an employee benefit plan shall be enforceable only against the plan as an entity and shall not be enforceable against any other person unless liability against such person is established in his individual capacity under this title.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Except for actions under subsection (a)(1)(B) of this <sidenote><p class="indent0 firstIndent1 fontsize8">Jurisdiction.</p></sidenote> section, the district courts of the United States shall have exclusive jurisdiction of civil actions under this title brought by the Secretary or by a participant, beneficiary, or fiduciary. State courts of competent jurisdiction and district courts of the United States shall have concurrent jurisdiction of actions under subsection (a)(1)(B) of this section.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Where an action under this title is brought in a district court of the United States, it may be brought in the district where the plan is administered, where the breach took place, or where a defendant resides or may be found, and process may be served in any other district where a defendant resides or may be found.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>The district courts of the United States shall have jurisdiction, without respect to the amount in controversy or the citizenship of the parties, to grant the relief provided for in subsection (a) of this section in any action.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>In any action under this title by a participant, beneficiary, or fiduciary, the court in its discretion may allow a reasonable attorney’s fee and costs of action to either party.</content></subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num> <content>A copy of the complaint in any action under this title by a participant, beneficiary, or fiduciary (other than an action brought by one or more participants or beneficiaries under subsection (a)(1)(B), which is solely for the purpose of recovering benefits due such participants under the terms of the plan) shall be served upon the Secretary and the Secretary of the Treasury by certified mail. Either Secretary shall have the right in his discretion to intervene in any action, except that the Secretary of the Treasury may not intervene in any action under part 4 of this subtitle. If the Secretary brings <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 874.</p></sidenote> an action under subsection (a) on behalf of a participant or beneficiary, he shall notify the Secretary of the Treasury.</content></subsection> <subsection class="indent0 fontsize10"><num value="i">(i)</num> <content>In the case of a transaction prohibited by section 406 by a party <sidenote><p class="indent0 firstIndent1 fontsize8">Penalty.</p></sidenote> in interest with respect to a plan to which this part applies, the Secretary may assess a civil penalty against such party in interest. The amount of such penalty may not exceed 5 percent of the amount involved (as defined in section 4975(f)(4) of the Internal Revenue Code of 1954); except that if the transaction is not corrected (in such <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 971.</p></sidenote> manner as the Secretary shall prescribe by regulation, which regulations shall be consistent with section 4975(f)(5) of such Code) within 90 days after notice from the Secretary (or such longer period as the Secretary may permit), such penalty may be in an amount not more than 100 percent of the amount involved. This subsection shall not <page identifier="/us/stat/88/893">88 <inline class="smallCaps">Stat.</inline> 893</page> apply to a transaction with respect to a plan described in section 4975 (e)(1) of such Code.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 971.</p></sidenote></subsection> <subsection class="indent0 fontsize10"><num value="j">(j)</num> <content>In all civil actions under this title, attorneys appointed by the Secretary may represent the Secretary (except as provided in section 518(a) of title 28, United States Code), but all such litigation shall be subject to the direction and control of the Attorney General.</content></subsection> <subsection class="indent0 fontsize10"><num value="k">(k)</num> <content>Suits by an administrator, fiduciary, participant, or beneficiary of an employee benefit plan to review a final order of the Secretary, to restrain the Secretary from taking any action contrary to the provisions of this Act, or to compel him to take action required under this title, may be brought in the district court of the United States for the district where the plan has its principal office, or in the United States District Court for the District of Columbia.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">claims procedure</inline></heading> <num value="503"><inline class="smallCaps">Sec.</inline> 503.</num> <chapeau>In accordance with regulations of the Secretary, every <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1133">29 USC 1133.</ref></p></sidenote> employee benefit plan shall—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>provide adequate notice in writing to any participant or beneficiary whose claim for benefits under the plan has been denied, setting forth the specific reasons for such denial, written in a manner calculated to be understood by the participant, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>afford a reasonable opportunity to any participant whose claim for benefits has been denied for a full and fair review by the appropriate named fiduciary of the decision denying the claim.</content></paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">investigative authority</inline></heading> <num value="504"><inline class="smallCaps">Sec.</inline> 504.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Secretary shall have the power, in order to determine <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1134">29 USC 1134.</ref></p></sidenote> whether any person has violated or is about to violate any provision of this title or any regulation or order thereunder—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>to make an investigation, and in connection therewith to require the submission of reports, books, and records, and the filing of data in support of any information required to be filed with the Secretary under this title, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>to enter such places, inspect such books and records and question such persons as he may deem necessary to enable him to determine the facts relative to such investigation, if he has reasonable cause to believe there may exist a violation of this title or any rule or regulation issued thereunder or if the entry is pursuant to an agreement with the plan.</content></paragraph> <continuation class="indent0 fontsize10">The Secretary may make available to any person actually affected by any matter which is the subject of an investigation under this section, and to any department or agency of the United States, information concerning any matter which may be the subject of such investigation; except that any information obtained by the Secretary pursuant to section 6103(g) of the Internal Revenue Code of 1954 <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 941.</p></sidenote> shall be made available only in accordance with regulations prescribed by the Secretary of the Treasury.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The Secretary may not under the authority of this section <sidenote><p class="indent0 firstIndent1 fontsize8">Books or records, accessability.</p></sidenote> require any plan to submit to the Secretary any books or records of the plan more than once in any 12 month period, unless the Secretary has reasonable cause to believe there may exist a violation of this title or any regulation or order thereunder.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>For the purposes of any investigation provided for in this title, the provisions of sections 9 and 10 (relating to the attendance of witnesses and the production of books, records, and documents) of the Federal Trade Commission Act (15 U.S.C. 49, 50) are hereby made applicable (without regard to any limitation in such sections respect-<page identifier="/us/stat/88/894">88 <inline class="smallCaps">Stat.</inline> 894</page>ing persons, partnerships, banks, or common carriers) to the jurisdiction, powers, and duties of the Secretary or any officers designated by him. To the extent he considers appropriate, the Secretary may delegate his investigative functions under this section with respect to insured banks acting as fiduciaries of employee benefit plans to the appropriate Federal banking agency (as defined in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q))).</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">regulations</inline></heading> <num value="505"><inline class="smallCaps">Sec.</inline> 505.</num> <content>Subject to title III and section 109, the Secretary may <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1135">29 USC 1135.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 995; <i>Ante,</i> p. 850.</p></sidenote> prescribe such regulations as he finds necessary or appropriate to carry out the provisions of this title. Among other things, such regulations may define accounting, technical and trade terms used in such provisions; may prescribe forms; and may provide for the keeping of books and records, and for the inspection of such books and records (subject to section 504(a) and (b)).</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">other agencies and departments</inline></heading> <num value="506"><inline class="smallCaps">Sec.</inline> 506.</num> <content>In order to avoid unnecessary expense and duplication of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1136">29 USC 1136.</ref></p></sidenote> functions among Government agencies, the Secretary may make such arrangements or agreements for cooperation or mutual assistance in the performance of his functions under this title and the functions of any such agency as he may find to be practicable and consistent with law. The Secretary may utilize, on a reimbursable or other basis, the facilities or services of any department, agency, or establishment of the United States or of any State or political subdivision of a State, including the services of any of its employees, with the lawful consent of such department, agency, or establishment; and each department, agency, or establishment of the United States is authorized and directed to cooperate with the Secretary and, to the extent permitted by law, to provide such information and facilities as he may request for his assistance in the performance of his functions under this title. The Attorney General or his representative shall receive from the Secretary for appropriate action such evidence developed in the performance of his functions under this title as may be found to warrant consideration for criminal prosecution under the provisions of this title or other Federal law.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">administration</inline></heading> <num value="507"><inline class="smallCaps">Sec.</inline> 507.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Subchapter II of chapter 5, and chapter 7, of title 5, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1137">29 USC 1137.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s551/s701">5 USC 551, 701.</ref></p></sidenote> United States Code (relating to administrative procedure), shall be applicable to this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 5108 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <content>In addition to the number of positions authorized by subsection (a), the Secretary of Labor is authorized, without regard to any other provision of this section, to place 1 position in the Department of Labor in grade GS–18, and a total of 20 positions in the Department of Labor in grades GS–16 and 17.”</content></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>No employee of the Department of Labor or the Department of the Treasury shall administer or enforce this title or the Internal Revenue Code of 1954 with respect to any employee benefit plan under <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1">26 USC 1</ref> <i>et seq.</i></p></sidenote> which he is a participant or beneficiary, any employee organization of which he is a member, or any employer organization in which he has an interest. This subsection does not apply to an employee benefit plan which covers only employees of the United States.</content></subsection> </section> <page identifier="/us/stat/88/895">88 <inline class="smallCaps">Stat.</inline> 895</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">appropriations</inline></heading> <num value="508"><inline class="smallCaps">Sec.</inline> 508.</num> <content>There are hereby authorized to be appropriated such <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1138">29 USC 1138.</ref></p></sidenote> sums as may be necessary to enable the Secretary to carry out his functions and duties under this Act.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">separability provisions</inline></heading> <num value="509"><inline class="smallCaps">Sec.</inline> 509.</num> <content>If any provision of this Act, or the application of such <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1139">29 USC 1139.</ref></p></sidenote> provision to any person or circumstances, shall be held invalid, the remainder of this Act, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">interference with rights protected under act</inline></heading> <num value="510"><inline class="smallCaps">Sec.</inline> 510.</num> <content>It shall be unlawful for any person to discharge, fine, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1140">29 USC 1140.</ref></p></sidenote> suspend, expel, discipline, or discriminate against a participant or beneficiary for exercising any right to which he is entitled under the provisions of an employee benefit plan, this title, section 3001, or the <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 995.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s301">29 USC 301</ref> note.</p></sidenote> Welfare and Pension Plans Disclosure Act, or for the purpose of interfering with the attainment of any right to which such participant may become entitled under the plan, this title, or the Welfare and Pension Plans Disclosure Act. It shall be unlawful for any person to discharge, fine, suspend, expel, or discriminate against any person because he has given information or has testified or is about to testify in any inquiry or proceeding relating to this Act or the Welfare and Pension Plans Disclosure Act. The provisions of section 502 shall be applicable in the enforcement of this section.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">coercive interference</inline></heading> <num value="511"><inline class="smallCaps">Sec.</inline> 511.</num> <content>It shall be unlawful for any person through the use of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1141">29 USC 1141.</ref></p></sidenote> fraud, force, violence, or threat of the use of force or violence, to restrain, coerce, intimidate, or attempt to restrain, coerce, or intimidate any participant or beneficiary for the purpose of interfering with or preventing the exercise of any right to which he is or may become entitled under the plan, this title, section 3001, or the Welfare and Pension Plans Disclosure Act. Any person who willfully violates <sidenote><p class="indent0 firstIndent1 fontsize8">Penalty.</p></sidenote> this section shall be fined $10,000 or imprisoned for not more than one year, or both.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">advisory council</inline></heading> <num value="512"><inline class="smallCaps">Sec.</inline> 512.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">There is hereby established an Advisory Council <sidenote><p class="indent0 firstIndent1 fontsize8">Advisory Council on Employee Welfare and Pension Benefit Plans.</p> <p class="indent0 firstIndent1 fontsize8">Establishment.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1142">29 USC 1142.</ref></p></sidenote> on Employee Welfare and Pension Benefit Plans (hereinafter in this section referred to as the “Council”) consisting of fifteen members appointed by the Secretary. Not more than eight members of the Council shall be members of the same political party.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Members shall be persons qualified to appraise the programs <sidenote><p class="indent0 firstIndent1 fontsize8">Membership.</p></sidenote> instituted under this Act.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Of the members appointed, three shall be representatives of employee organizations (at least one of whom shall be representative of any organization members of which are participants in a multiemployer plan); three shall be representatives of employers (at least one of whom shall be representative of employers maintaining or contributing to multiemployer plans); three representatives shall be appointed from the general public, one of whom shall be a person representing those receiving benefits from a pension plan; and there shall <page identifier="/us/stat/88/896">88 <inline class="smallCaps">Stat.</inline> 896</page> be one representative each from the fields of insurance, corporate trust, actuarial counseling, investment counseling, investment management, and the accounting field.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>Members shall serve for terms of three years except that of those <sidenote><p class="indent0 firstIndent1 fontsize8">Terms.</p></sidenote> first appointed, five shall be appointed for terms of one year, five shall be appointed for terms of two years, and five shall be appointed for terms of three years. A member may be reappointed. A member appointed to fill a vacancy shall be appointed only for the remainder of such term. A majority of members shall constitute a quorum and action shall be taken only by a majority vote of those present and voting.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>It shall be the duty of the Council to advise the Secretary with <sidenote><p class="indent0 firstIndent1 fontsize8">Duties.</p></sidenote> respect to the carrying out of his functions under this Act and to submit to the Secretary recommendations with respect thereto. The Council shall meet at least four times each year and at such other times as the Secretary requests. In his annual report submitted pursuant to section 513(b), the Secretary shall include each recommendation which he has received from the Council during the preceding calendar year.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The Secretary shall furnish to the Council an executive secretary and such secretarial, clerical, and other services as are deemed necessary to conduct its business. The Secretary may call upon other agencies of the Government for statistical data, reports, and other information which will assist the Council in the performance of its duties.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Members of the Council shall each be entitled to receive the daily equivalent of the annual rate of basic pay in effect for grade GS–18 of the General Schedule for each day (including travel time) <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332</ref> and note.</p></sidenote> during which they are engaged in the actual performance of duties vested in the Council.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>While away from their homes or regular places of business in <sidenote><p class="indent0 firstIndent1 fontsize8">Travel expenses.</p></sidenote> the performance of services for Council, members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5 of the United States Code.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>Section 14(a) of the Federal Advisory Committee Act (relating <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s14">5 USC app. 14.</ref></p></sidenote> to termination) shall not apply to the Council.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">research, studies, and annual report</inline></heading> <num value="513"><inline class="smallCaps">Sec.</inline> 513.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Secretary is authorized to undertake research <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1143">29 USC 1143.</ref></p></sidenote> and surveys and in connection therewith to collect, compile, analyze and publish data, information, and statistics relating to employee benefit plans, including retirement, deferred compensation, and welfare plans, and types of plans not subject to this Act.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Secretary is authorized and directed to undertake research studies relating to pension plans, including but not limited to (A) the effects of this title upon the provisions and costs of pension plans, (B) the role of private pensions in meeting the economic security needs of the Nation, and (C) the operation of private pension plans including types and levels of benefits, degree of reciprocity or portability, and financial and actuarial characteristics and practices, and methods of encouraging the growth of the private pension system.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The Secretary may, as he deems appropriate or necessary, undertake other studies relating to employee benefit plans, the matters regulated by this title, and the enforcement procedures provided for under this title.</content></paragraph> <page identifier="/us/stat/88/897">88 <inline class="smallCaps">Stat.</inline> 897</page> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>The research, surveys, studies, and publications referred to in this subsection may be conducted directly, or indirectly through grant or contract arrangements.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The Secretary shall submit annually a report to the Congress <sidenote><p class="indent0 firstIndent1 fontsize8">Report to Congress.</p></sidenote> covering his administration of this title for the preceding year, and including (1) an explanation of any variances or extensions granted under section 110, 207, 303, or 304 and the projected date for terminating <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> pp. 851, 865, 872, 873.</p></sidenote> the variance; (2) the status of cases in enforcement status; (3) recommendations received from the Advisory Council during the preceding year; and (4) such information, data, research findings, studies, and recommendations for further legislation in connection with the matters covered by this title as he may find advisable.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The Secretary is authorized and directed to cooperate with the Congress and its appropriate committees, subcommittees, and staff in supplying data and any other information, and personnel and services, required by the Congress in any study, examination, or report by the Congress relating to pension benefit plans established or maintained by States or their political subdivisions.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">effect on other laws</inline></heading> <num value="514"><inline class="smallCaps">Sec.</inline> 514.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Except as provided in subsection (b) of this section, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1144">29 USC 1144.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1003.</p></sidenote> the provisions of this title and title IV shall supersede any and all State laws insofar as they may now or hereafter relate to any employee benefit plan described in section 4(a) and not exempt under section 4(b). This section shall take effect on January 1, 1975.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 839.</p></sidenote></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">This section shall not apply with respect to any cause of action which arose, or any act or omission which occurred, before January 1, 1975.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">Except as provided in subparagraph (B), nothing in this title shall be construed to exempt or relieve any person from any law of any State which regulates insurance, banking, or securities.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>Neither an employee benefit plan described in section 4(a), which is not exempt under section 4(b) (other than a plan established primarily for the purpose of providing death benefits), nor any trust established under such a plan, shall be deemed to be an insurance company or other insurer, bank, trust company, or investment company or to be engaged in the business of insurance or banking for purposes of any law of any State purporting to regulate insurance companies, insurance contracts, banks, trust companies, or investment companies.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Nothing in this section shall be construed to prohibit use by the Secretary of services or facilities of a State agency as permitted under section 506 of this Act.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>Subsection (a) shall not apply to any generally applicable criminal law of a State.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>For purposes of this section:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>The term “State law” includes all laws, decisions, rules, <sidenote><p class="indent0 firstIndent1 fontsize8">“State law.”</p></sidenote> regulations, or other State action having the effect of law, of any State. A law of the United States applicable only to the District of Columbia shall be treated as a State law rather than a law of the United States.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>The term “State” includes a State, any political subdivisions <sidenote><p class="indent0 firstIndent1 fontsize8">“State.”</p></sidenote> thereof, or any agency or instrumentality of either, which purports to regulate, directly or indirectly, the terms and conditions of employee benefit plans covered by this title.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Nothing in this title shall be construed to alter, amend, modify, invalidate, impair, or supersede any law of the United States (except as provided in sections 111 and 507(b)) or any rule or regulation issued <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> pp. 851, 894.</p></sidenote> under any such law.</content></subsection> </section> </part> </subtitle> 88 Stat. 898 <num value="II">TITLE II—</num><heading class="inline">AMENDMENTS TO THE INTERNAL REVENUE CODE RELATING TO RETIREMENT PLANS</heading> <section class="firstIndent0 fontsize10"><num value="1001">SEC. 1001.</num> <heading>AMENDMENT OF INTERNAL REVENUE CODE OF 1954.</heading> <content>Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1954.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1">26 USC 1</ref> <i>et seq.</i></p></sidenote></content> </section> <subtitle> <num value="">Subtitle A—</num><heading>Participation, Vesting, Funding, Administration, Etc.</heading> <part> <num value="1">PART 1—</num><heading>PARTICIPATION, VESTING, AND FUNDING</heading> <section class="firstIndent0 fontsize10"><num value="1011">SEC. 1011.</num> <heading>MINIMUM PARTICIPATION STANDARDS.</heading> <content>Part I of subchapter D of chapter 1 (relating to pension, profit-sharing, stock bonus, plans, etc.) is amended by addmg at the end thereof the following: <quotedContent> <subpart><num value="B">“Subpart B—</num><heading>Special Rules</heading> <toc> <referenceItem role="section"><designator>“Sec. 410.</designator> <label>Minimum participation standards.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 411.</designator> <label>Minimum vesting standards.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 412.</designator> <label>Minimum funding standards.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 413.</designator> <label>Collectively bargained plans.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 414.</designator> <label>Definitions and special rules.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 415.</designator> <label>Limitations on benefits and contributions under qualified plans.</label></referenceItem> </toc> <section class="firstIndent0 fontsize10"><num value="410">“SEC. 410.</num> <heading>MINIMUM PARTICIPATION STANDARDS.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s410">26 USC 410.</ref></p></sidenote> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <heading><inline class="smallCaps">Participation.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">Minimum age and service conditions.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">General rule.</inline>—</heading><chapeau>A trust shall not constitute a qualified trust under section 401(a) if the plan of which it is a part requires, as a condition of participation in the plan, that an employee complete a period of service with the employer or employers maintaining the plan extending beyond the later of the following dates—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the date on which the employee attains the age of 25; or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the date on which he completes 1 year of service.</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Special rules for certain plans.</inline>—</heading> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>In the case of any plan which provides that after not more than 3 years of service each participant has a right to 100 percent of his accrued benefit under the plan which is nonforfeitable (within the meaning of section 411) at the time such benefit accrues, clause (ii) of subparagraph <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 901.</p></sidenote> (A) shall be applied by substituting ‘3 years of service’ for ‘1 year of service’.</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>In the case of any plan maintained exclusively for employees of an educational institution (as defined <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s170">26 USC 170.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> in section 170(b)(1)(A)(ii)) by an employer which is exempt from tax under section 501(a) which provides that each participant having at least 1 year of service has a right to 100 percent of his accrued benefit under the plan which is nonforfeitable (within the meaning of section 411) at the time such benefit accrues, clause (i) of <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 901.</p></sidenote><page identifier="/us/stat/88/899">88 <inline class="smallCaps">Stat.</inline> 899</page> subparagraph (A) shall be applied by substituting ‘30’ for ‘25’. This clause shall not apply to any plan to which clause (i) applies.</content></clause></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Maximum age conditions.</inline>—</heading><chapeau>A trust shall not constitute a qualified trust under section 401(a) if the plan of which it is a <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> part excludes from participation (on the basis of age) employees who have attained a specified age, unless—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <chapeau>the plan is a—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>defined benefit plan, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>target benefit plan (as defined under regulations prescribed by the Secretary or his delegate), and</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>such employees begin employment with the employer after they have attained a specified age which is not more than 5 years before the normal retirement age under the plan.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Definition of year of service.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">General rule.</inline>—</heading><content>For purposes of this subsection, the term ‘year of service’ means a 12-month period during which the employee has not less than 1,000 hours of service. For purposes of this paragraph, computation of any 12-month period shall be made with reference to the date on which the employee’s employment commenced, except that, under regulations prescribed by the Secretary of Labor, such computation may be made by reference to the first day of a plan year in the case of an employee who does not complete 1,000 hours of service during the 12-month period beginning on the date his employment commenced.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Seasonal industries.</inline>—</heading><content>In the case of any seasonal industry where the customary period of employment is less than 1,000 hours during a calendar year, the term ‘year of service’ shall be such period as may be determined under regulations prescribed by the Secretary of Labor.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <heading><inline class="smallCaps">Hours of service.</inline>—</heading><content>For purposes of this subsection, the term ‘hour of service’ means a time of service determined under regulations prescribed by the Secretary of Labor.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <heading><inline class="smallCaps">Maritime industries.</inline>—</heading><content>For purposes of this subsection, in the case of any maritime industry, 125 days of service shall be treated as 1,000 hours of service. The Secretary of Labor may prescribe regulations to carry out this subparagraph.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <heading><inline class="smallCaps">Time of participation.</inline>—</heading><chapeau>A plan shall be treated as not meeting the requirements of paragraph (1) unless it provides that any employee who has satisfied the minimum age and service requirements specified in such paragraph, and who is otherwise entitled to participate in the plan, commences participation in the plan no later than the earlier of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the first day of the first plan year beginning after the date on which such employee satisfied such requirements, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the date 6 months after the date on which he satisfied such requirements,</content></subparagraph> <continuation class="indent0 fontsize10">unless such employee was separated from the service before the date referred to in subparagraph (A) or (B), whichever is applicable.</continuation></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <heading><inline class="smallCaps">Breaks in service.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">General rule.</inline>—</heading><content>Except as otherwise provided in subparagraphs (B), (C), and (D), all years of service with the employer or employers maintaining the plan shall be taken into account in computing the period of service for purposes of paragraph (1).</content></subparagraph> <page identifier="/us/stat/88/900">88 <inline class="smallCaps">Stat.</inline> 900</page> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Employees under 3-year 100 percent vesting.</inline>—</heading><content>In the case of any employee who has any 1-year break in service (as defined in section 411(a)(6)(A)) under a plan to <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 901.</p></sidenote> which the service requirements of clause (i) of paragraph (1)(B) apply, if such employee has not satisfied such requirements, service before such break shall not be required to be taken into account.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <heading><inline class="smallCaps">1-year break in service.</inline>—</heading><content>In computing an employee’s period of service for purposes of subsection (a)(1) in the case of any participant who has any 1-year break in service (as defined in section 411(a)(6)(A)), service before such break shall not be required to be taken into account under the plan until he has completed a year of service (as defined in paragraph (3)) after his return.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <heading><inline class="smallCaps">Nonvested participants.</inline>—</heading><content>In the case of a participant who does not have any nonforfeitable right to an accrued benefit derived from employer contributions, years of service with the employer or employers maintaining the plan before a break in service shall not be required to be taken into account in computing the period of service for purposes of subsection (a)(1) if the number of consecutive 1-year breaks in service equals or exceeds the aggregate number of such years of service before such break. Such aggregate number of years of service before such break shall be deemed not to include any years of service not required to be taken into account under this subparagraph by reason of any prior break in service.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <heading><inline class="smallCaps">Eligibility.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><chapeau>A trust shall not constitute a qualified trust under section 401(a) unless the trust, or two or more trusts, or <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> the trust or trusts and annuity plan or plans are designated by the employer as constituting parts of a plan intended to qualify under section 401(a) which benefits either—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>70 percent or more of all employees, or 80 percent or more of all the employees who are eligible to benefit under the plan if 70 percent or more of all the employees are eligible to benefit under the plan, excluding in each case employees who have not satisfied the minimum age and service requirements, if any, prescribed by the plan as a condition of participation, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>such employees as qualify under a classification set up by the employer and found by the Secretary or his delegate not to be discriminatory in favor of employees who are officers, shareholders, or highly compensated.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Exclusion of certain employees.</inline>—</heading><chapeau>For purposes of paragraph (1), there shall be excluded from consideration—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>employees not included in the plan who are included in a unit of employees covered by an agreement which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and one or more employers, if there is evidence that retirement benefits were the subject of good faith bargaining between such employee representatives and such employer or employers,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>in the case of a trust established or maintained pursuant to an agreement which the Secretary of Labor finds to be a collective bargaining agreement between air pilots represented in accordance with title II of the Railway Labor Act and one or more employers, all employees not covered <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t45/s181">45 USC 181.</ref></p></sidenote> by such agreement, and</content></subparagraph> <page identifier="/us/stat/88/901">88 <inline class="smallCaps">Stat.</inline> 901</page> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>employees who are nonresident aliens and who receive no earned income (within the meaning of section 911(b)) <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s911">26 USC 911.</ref></p></sidenote> from the employer which constitutes income from sources within the United States (within the meaning of section 861(a)(3)).</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s861">26 USC 861.</ref></p></sidenote></subparagraph> <continuation class="indent0 fontsize10">Subparagraph (B) shall not apply in the case of a plan which provides contributions or benefits for employees whose principal duties are not customarily performed aboard aircraft in flight.</continuation></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <heading><inline class="smallCaps">Application of Participation Standards to Certain Plans.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <chapeau>The provisions of this section (other than paragraph (2) of this subsection) shall not apply to—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>a governmental plan (within the meaning of section 414(d)),<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 925.</p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>a church plan (within the meaning of section 414(e)) with respect to which the election provided by subsection (d) of this section has not been made,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>a plan which has not at any time after the date of the enactment of the Employee Retirement Income Security Act of 1974 provided for employer contributions, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>a plan established and maintained by a society, order, or association described in section 501(c)(8) or (9) if no <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> part of the contributions to or under such plan are made by employers of participants in such plan.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>A plan described in paragraph (1) shall be treated as meeting the requirements of this section, for purposes of section 401(a), if such plan meets the requirements of section 401(a)(3) <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> as in effect on the day before the date of the enactment of this section.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <heading><inline class="smallCaps">Election by Church to Have Paarticipation, Vesting, Funding, Etc., Provisions Apply.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><content>If the church or convention or association of churches which maintains any church plan makes an election under this subsection (in such form and manner as the Secretary or his delegate may by regulations prescribe), then the provisions of this title relating to participation, vesting, funding, etc. (as in effect from time to time) shall apply to such church plan as if such provisions did not contain an exclusion for church plans.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Election irrevocable.</inline>—</heading><content>An election under this subsection with respect to any church plan shall be binding with respect to such plan, and, once made, shall be irrevocable.”</content></paragraph></subsection> </section> </subpart> </quotedContent> </content> </section> <section class="firstIndent0 fontsize10"><num value="1012">SEC. 1012.</num> <heading>MINIMUM VESTING STANDARDS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a)</num> <heading><inline class="smallCaps">In General.</inline>—</heading><content>Subpart B of part I of subchapter D of chapter 1 is amended by adding after section 410 the following new section: <quotedContent> <section class="firstIndent0 fontsize10"><num value="411">“SEC. 411.</num> <heading>MINIMUM VESTING STANDARDS.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s411">26 USC 411.</ref></p></sidenote> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <heading><inline class="smallCaps">General Rule.</inline>—</heading><chapeau>A trust shall not constitute a qualified trust under section 401(a) unless the plan of which such trust is a part provides that an employee’s right to his normal retirement benefit is nonforfeitable upon the attainment of normal retirement age (as defined in subsection (a)(8)) and in addition satisfies the requirements of paragraphs (1) and (2) of this subsection and the requirements of paragraph (2) of subsection (b), and in the case of a defined benefit plan, also satisfies the requirements of paragraph (1) of subsection (b).</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">Employee contributions.</inline>—</heading><content>A plan satisfies the requirements of this paragraph if an employee’s rights in his accrued benefit derived from his own contributions are nonforfeitable.</content></paragraph> <page identifier="/us/stat/88/902">88 <inline class="smallCaps">Stat.</inline> 902</page> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Employer contributions.</inline>—</heading><chapeau>A plan satisfies the requirements of this paragraph if it satisfies the requirements of subparagraph (A), (B), or (C).</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">10-year vesting.</inline>—</heading><content>A plan satisfies the requirements of this subparagraph if an employee who has at least 10 years of service has a nonforfeitable right to 100 percent of his accrued benefit derived from employer contributions.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">5- to 15-year vesting.</inline>—</heading><content>A plan satisfies the requirements of this subparagraph if an employee who has completed at least 5 years of service has a nonforfeitable right to a percentage of his accrued benefit derived from employer contributions which percentage is not less than the percentage determined under the following table: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="text-align:left; vertical-align:bottom">“Years of service:</th> <th style="text-align:right; vertical-align:bottom">Nonforfeitable percentage</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">5</td> <td style="text-align:right; vertical-align:bottom">25</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">6</td> <td style="text-align:right; vertical-align:bottom">30</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">7</td> <td style="text-align:right; vertical-align:bottom">35</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">8</td> <td style="text-align:right; vertical-align:bottom">40</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">9</td> <td style="text-align:right; vertical-align:bottom">45</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">10</td> <td style="text-align:right; vertical-align:bottom">50</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">11</td> <td style="text-align:right; vertical-align:bottom">60</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">12</td> <td style="text-align:right; vertical-align:bottom">70</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">13</td> <td style="text-align:right; vertical-align:bottom">80</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">14</td> <td style="text-align:right; vertical-align:bottom">90</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">15 or more</td> <td style="text-align:right; vertical-align:bottom">100.</td> </tr> </tbody> </table> </content> </subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <heading><inline class="smallCaps">Rule of 45.</inline>—</heading> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>A plan satisfies the requirements of this subparagraph if an employee who is not separated from the service, who has completed at least 5 years of service, and with respect to whom the sum of his age and years of service equals or exceeds 45, has a nonforfeitable right to a percentage of his accrued benefit derived from employer contributions determined under the following table: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="text-align:left; vertical-align:bottom">“If years of service equal or exceed—</th> <th style="text-align:center; vertical-align:bottom">and sum of age and service equals or exceeds—</th> <th style="text-align:right; vertical-align:bottom">then the nonforfeitable percentage is—</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">5</td> <td style="text-align:center; vertical-align:bottom">45</td> <td style="text-align:right; vertical-align:bottom">50</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">6</td> <td style="text-align:center; vertical-align:bottom" leaders="yes">47</td> <td style="text-align:right; vertical-align:bottom">60</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">7</td> <td style="text-align:center; vertical-align:bottom" leaders="yes">49</td> <td style="text-align:right; vertical-align:bottom">70</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">8</td> <td style="text-align:center; vertical-align:bottom" leaders="yes">51</td> <td style="text-align:right; vertical-align:bottom">80</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">9</td> <td style="text-align:center; vertical-align:bottom" leaders="yes">53</td> <td style="text-align:right; vertical-align:bottom">90</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">10</td> <td style="text-align:center; vertical-align:bottom" leaders="yes">55</td> <td style="text-align:right; vertical-align:bottom">100.</td> </tr> </tbody> </table> </content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>Notwithstanding clause (i), a plan shall not be treated as satisfying the requirements of this subparagraph unless any employee who has completed at least 10 years of service has a nonforfeitable right to not less than 50 percent of his accrued benefit derived from employer contributions and to not less than an additional 10 percent for each additional year of service thereafter.</content></clause></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Certain permitted forfeitures, suspensions, etc.</inline>—</heading><chapeau>For purposes of this subsection—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">Forfeiture on account of death.</inline>—</heading><content>A right to an accrued benefit derived from employer contributions shall not be treated as forfeitable solely because the plan provides that it is not payable if the participant dies (except in the case of a survivor annuity which is payable as provided in section 401(a)(11)).<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 935.</p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Suspension of benefits upon reemployment of retiree.</inline>—</heading><chapeau>A right to an accrued benefit derived from employer <page identifier="/us/stat/88/903">88 <inline class="smallCaps">Stat.</inline> 903</page> contributions shall not be treated as forfeitable solely because the plan provides that the payment of benefits is suspended for such period as the employee is employed, subsequent to the commencement of payment of such benefits—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>in the case of a plan other than a multiemployer plan, by the employer who maintains the plan under which such benefits were being paid; and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>in the case of a multiemployer plan, in the same industry, the same trade or craft, and the same geographic area covered by the plan as when such benefits commenced.</content></clause> <continuation class="indent0 fontsize10">The Secretary of Labor shall prescribe such regulations as <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> may be necessary to carry out the purposes of this subparagraph, including regulations with respect to the meaning of the term ‘employed’.</continuation></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <heading><inline class="smallCaps">Effect of retroactive plan amendments.</inline>—</heading><content>A right to an accrued benefit derived from employer contributions shall not be treated as forfeitable solely because plan amendments may be given retroactive application as provided in section 412(c)(8).<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 914.</p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <heading><inline class="smallCaps">Withdrawal of mandatory contribution.</inline>—</heading> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>A right to an accrued benefit derived from employer contributions shall not be treated as forfeitable solely because the plan provides that, in the case of a participant who does not have a nonforfeitable right to at least 50 percent of his accrued benefit derived from employer contributions, such accrued benefit may be forfeited on account of the withdrawal by the participant of any amount attributable to the benefit derived from mandatory contributions (as defined in subsection (c)(2)(C)) made by such participant.</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>Clause (i) shall not apply to a plan unless the plan provides that any accrued benefit forfeited under a plan provision described in such clause shall be restored upon repayment by the participant of the full amount of the withdrawal described in such clause plus, in the case of a defined benefit plan, interest. Such interest shall be computed on such amount at the rate determined for purposes of subsection (c)(2)(C) on the date of such repayment (computed annually from the date of such withdrawal). In the case of a defined contribution plan, the plan provision required under this clause may provide that such repayment must be made before the participant has any one-year break in service commencing after the withdrawal.</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>In the case of accrued benefits derived from employer contributions which accrued before the date of the enactment of the Employee Retirement Income Security Act of 1974, a right to such accrued benefit <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 829.</p></sidenote> derived from employer contributions shall not be treated as forfeitable solely because the plan provides that an amount of such accrued benefit may be forfeited on account of the withdrawal by the participant of an amount attributable to the benefit derived from mandatory contributions (as defined in subsection (c)(2)(C)) made by such participant before the date of the enactment of the Act if such amount forfeited is proportional to such amount withdrawn. This clause shall not apply to any plan to which any mandatory contribution is made after the date of the enactment of such Act. The Secretary or <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote><page identifier="/us/stat/88/904">88 <inline class="smallCaps">Stat.</inline> 904</page> his delegate shall prescribe such regulations as may be necessary to carry out the purposes of this clause.</content></clause> <clause class="indentUp1 fontsize10"><num value="iv">“(iv)</num> <content>For purposes of this subparagraph, in the case of any class-year plan, a withdrawal of employee contributions shall be treated as a withdrawal of such contributions on a plan year by plan year basis in succeeding order of time.</content></clause> <clause class="indentUp1 fontsize10"><num value="v">“(v)</num> <content>For nonforfeitability where the employee has a nonforfeitable right to at least 50 percent of his accrued benefit, see section 401(a)(19).<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote></content></clause></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <heading><inline class="smallCaps">Service included in determination of nonforfeitable percentage.</inline>—</heading><chapeau>In computing the period of service under the plan for purposes of determining the nonforfeitable percentage under paragraph (2), all of an employee’s years of service with the employer or employers maintaining the plan shall be taken into account, except that the following may be disregarded:</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>years of service before age 22, except that in the case of a plan which does not satisfy subparagraph (A) or (B) of paragraph (2), the plan may not disregard any such year of service during which the employee was a participant;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>years of service during a period for which the employee declined to contribute to a plan requiring employee contributions;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>years of service with an employer during any period for which the employer did not maintain the plan or a predecessor plan (as defined under regulations prescribed by the Secretary or his delegate);</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>service not required to be taken into account under paragraph (6);</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <content>years of service before January 1, 1971, unless the employee has had at least 3 years of service after December 31, 1970; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="F">“(F)</num> <content>years of service before the first plan year to which this section applies, if such service would have been disregarded under the rules of the plan with regard to breaks in service as in effect on the applicable date.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <heading><inline class="smallCaps">Year of service.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">General rule.</inline>—</heading><content>For purposes of this subsection, except as provided in subparagraph (C), the term ‘year of service’ means a calendar year, plan year, or other 12-consecutive month period designated by the plan (and not prohibited under regulations prescribed by the Secretary of Labor) during which the participant has completed 1,000 hours of service.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Hours of service.</inline>—</heading><content>For purposes of this subsection, the term ‘hours of service’ has the meaning provided by section 410(a)(3)(C).<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 898.</p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <heading><inline class="smallCaps">Seasonal industries.</inline>—</heading><content>In the case of any seasonal industry where the customary period of employment is less than 1,000 hours during a calendar year, the term ‘year of service’ shall be such period as may be determined under regulations prescribed by the Secretary of Labor.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <heading><inline class="smallCaps">Maritime industries.</inline>—</heading><content>For purposes of this subsection, in the case of any maritime industry, 125 days of service shall be treated as 1,000 hours of service. The Secretary of Labor may prescribe regulations to carry out the purposes of this subparagraph.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <heading><inline class="smallCaps">Breaks in service.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">Definition of 1-year break in service.</inline>—</heading><content>For purposes of this paragraph, the term ‘1-year break in service’ <page identifier="/us/stat/88/905">88 <inline class="smallCaps">Stat.</inline> 905</page> means a calendar year, plan year, or other 12-consecutive-month period designated by the plan (and not prohibited under regulations prescribed by the Secretary of Labor) during which the participant has not completed more than 500 hours of service.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">1 year of service after 1-year break in service.</inline>—</heading><content>For purposes of paragraph (4), in the case of any employee who has any 1-year break in service, years of service before such break shall not be required to be taken into account until he has completed a year of service after his return.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <heading><inline class="smallCaps">1-year break in service under defined contribution plan.</inline>—</heading><content>For purposes of paragraph (4), in the case of any participant in a defined contribution plan, or an insured defined benefit plan which satisfies the requirements of subsection (b)(1)(F), who has any 1-year break in service, years of service after such break shall not be required to be taken into account for purposes of determining the nonforfeitable percentage of his accrued benefit derived from employer contributions which accrued before such break.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <heading><inline class="smallCaps">Nonvested participants.</inline>—</heading><content>For purposes of paragraph (4), in the case of a participant who, under the plan, does not have any nonforfeitable right to an accrued benefit derived from employer contributions, years of service before any 1-year break in service shall not be required to be taken into account if the number of consecutive 1-year breaks in service equals or exceeds the aggregate number of such years of service prior to such break. Such aggregate number of years of service before such break shall be deemed not to include any years of service not required to be taken into account under this subparagraph by reason of any prior break in service.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">“(7)</num> <heading><inline class="smallCaps">Accrued benefit.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><chapeau>For purposes of this section, the term ‘accrued benefit’ means—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>in the case of a defined benefit plan, the employee’s accrued benefit determined under the plan and, except as provided in subsection (c)(3), expressed in the form of an annual benefit commencing at normal retirement age, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>in the case of a plan which is not a defined benefit plan, the balance of the employee’s account.</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Effect of certain distributions.</inline>—</heading><chapeau>Notwithstanding paragraph (4), for purposes of determining the employee’s accrued benefit under the plan, the plan may disregard service performed by the employee with respect to which he has received—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>a distribution of the present value of his entire nonforfeitable benefit if such distribution was in an amount (not more than $1,750) permitted under regulations prescribed by the Secretary or his delegate, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>a distribution of the present value of his nonforfeitable benefit attributable to such service which he elected to receive.</content></clause> <continuation class="indent0 fontsize10">Clause (i) of this subparagraph shall apply only if such distribution was made on termination of the employee’s participation in the plan. Clause (ii) of this subparagraph shall apply only if such distribution was made on termination of the employee’s participation in the plan or under such other <page identifier="/us/stat/88/906">88 <inline class="smallCaps">Stat.</inline> 906</page> circumstances as may be provided under regulations prescribed by the Secretary or his delegate.</continuation></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <heading><inline class="smallCaps">Repayment of subparagraph</inline> (b) <inline class="smallCaps">distributions.</inline>—</heading><chapeau>For purposes of determining the employee’s accrued benefit under a plan, the plan may not disregard service as provided in subparagraph (B) unless the plan provides an opportunity for the participant to repay the full amount of the distribution described in such subparagraph (B) with, in the case of a defined benefit plan, interest at the rate determined for purposes of subsection (c)(2)(C) and provides that upon such repayment the employee’s accrued benefit shall be recomputed by taking into account service so disregarded. This subparagraph shall apply only in the case of a participant who—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>received such a distribution in any plan year to which this section applies, which distribution was less than the present value of his accrued benefit,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>resumes employment covered under the plan, and</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>repays the full amount of such distribution with, in the case of a defined benefit plan, interest at the rate determined for purposes of subsection (c)(2)(C).</content></clause> <continuation class="indent0 fontsize10">In the case of a defined contribution plan, the plan provision required under this subparagraph may provide that such repayment must be made before the participant has any one-year break in service commencing after such withdrawal.</continuation></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">“(8)</num> <heading><inline class="smallCaps">Normal retirement age.</inline>—</heading><chapeau>For purposes of this section, the term ‘normal retirement age’ means the earlier of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the time a plan participant attains normal retirement age under the plan, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <chapeau>the later of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the time a plan participant attains age 65, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the 10th anniversary of the time a plan participant commenced participation in the plan.</content></clause></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">“(9)</num> <heading><inline class="smallCaps">Normal retirement benefit.</inline>—</heading><chapeau>For purposes of this section, the term ‘normal retirement benefit’ means the greater of the early retirement benefit under the plan, or the benefit under the plan commencing at normal retirement age. The normal retirement benefit shall be determined without regard to—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>medical benefits, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>disability benefits not in excess of the qualified disability benefit.</content></subparagraph> <continuation class="indent0 fontsize10">For purposes of this paragraph, a qualified disability benefit is a disability benefit provided by a plan which does not exceed the benefit which would be provided for the participant if he separated from the service at normal retirement age. For purposes of this paragraph, the early retirement benefit under a plan shall be determined without regard to any benefits commencing before benefits payable under title II of the Social Security Act become payable which—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401.</ref></p></sidenote></continuation> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>do not exceed such social security benefits, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>terminate when such social security benefits commence.</content></clause></paragraph> <paragraph class="indentUp1 fontsize10"><num value="10">“(10)</num> <heading><inline class="smallCaps">Changes in vesting schedule.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">General rule.</inline>—</heading><content>A plan amendment changing any vesting schedule under the plan shall be treated as not satisfy-<page identifier="/us/stat/88/907">88 <inline class="smallCaps">Stat.</inline> 907</page>ing the requirements of paragraph (2) if the nonforfeitable percentage of the accrued benefit derived from employer contributions (determined as of the later of the date such amendment is adopted, or the date such amendment becomes effective) of any employee who is a participant in the plan is less than such nonforfeitable percentage computed under the plan without regard to such amendment.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Election of former schedule.</inline>—</heading><content>A plan amendment changing any vesting schedule under the plan shall be treated as not satisfying the requirements of paragraph (2) unless each participant having not less than 5 years of service is permitted to elect, within a reasonable period after the adoption of such amendment, to have his nonforfeitable percentage computed under the plan without regard to such amendment.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <heading><inline class="smallCaps">Accrued Benefit Requirements.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">General rules.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">3-percent method.</inline>—</heading><chapeau>A defined benefit plan satisfies the requirements of this paragraph if the accrued benefit to which each participant is entitled upon his separation from the service is not less than—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>3 percent of the normal retirement benefit to which he would be entitled if he commenced participation at the earliest possible entry age under the plan and served continuously until the earlier of age 65 or the normal retirement age specified under the plan, multiplied by</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the number of years (not in excess of 33⅓) of his participation in the plan.</content></clause> <continuation class="indent0 fontsize10">In the case of a plan providing retirement benefits based on compensation during any period, the normal retirement benefit to which a participant would be entitled shall be determined as if he continued to earn annually the average rate of compensation which he earned during consecutive years of service, not in excess of 10, for which his compensation was the highest. For purposes of this subparagraph, social security benefits and all other relevant factors used to compute benefits shall be treated as remaining constant as of the current year for all years after such current year.</continuation></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">133⅓ percent rule.</inline>—</heading><chapeau>A defined benefit plan satisfies the requirements of this paragraph for a particular plan year if under the plan the accrued benefit payable at the normal retirement age is equal to the normal retirement benefit and the annual rate at which any individual who is or could be a participant can accrue the retirement benefits payable at normal retirement age under the plan for any later plan year is not more than 133⅓ percent of the annual rate at which he can accrue benefits for any plan year beginning on or after such particular plan year and before such later plan year. For purposes of this subparagraph—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>any amendment to the plan which is in effect for the current year shall be treated as in effect for all other plan years;</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>any change in an accrual rate which does not apply to any individual who is or could be a participant in the current year shall be disregarded;</content></clause> <page identifier="/us/stat/88/908">88 <inline class="smallCaps">Stat.</inline> 908</page> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>the fact that benefits under the plan may be payable to certain employees before normal retirement age shall be disregarded; and</content></clause> <clause class="indentUp1 fontsize10"><num value="iv">“(iv)</num> <content>social security benefits and all other relevant factors used to compute benefits shall be treated as remaining constant as of the current year for all years after the current year.</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <heading><inline class="smallCaps">Fractional rule.</inline>—</heading><content>A defined benefit plan satisfies the requirements of this paragraph if the accrued benefit to which any participant is entitled upon his separation from the service is not less than a fraction of the annual benefit commencing at normal retirement age to which he would be entitled under the plan as in effect on the date of his separation if he continued to earn annually until normal retirement age the same rate of compensation upon which his normal retirement benefit would be computed under the plan, determined as if he had attained normal retirement age on the date on which any such determination is made (but taking into account no more than the 10 years of service immediately preceding his separation from service). Such fraction shall be a fraction, not exceeding 1, the numerator of which is the total number of his years of participation in the plan (as of the date of his separation from the service) and the denominator of which is the total number of years he would have participated in the plan if he separated from the service at the normal retirement age. For purposes of this subparagraph, social security benefits and all other relevant factors used to compute benefits shall be treated as remaining constant as of the current year for all years after such current year.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <heading><inline class="smallCaps">Accrual for service before effective date.</inline>—</heading><chapeau>Subparagraphs (A), (B), and (C) shall not apply with respect to years of participation before the first plan year to which this section applies, but a defined benefit plan satisfies the requirements of this subparagraph with respect to such years of participation only if the accrued benefit of any participant with respect to such years of participation is not less than the greater of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>his accrued benefit determined under the plan, as in effect from time to time prior to the date of the enactment of the Employee Retirement Income Security Act of 1974, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>an accrued benefit which is not less than one-half of the accrued benefit to which such participant would have been entitled if subparagraph (A), (B), or (C) applied with respect to such years of participation.</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <heading><inline class="smallCaps">First two years of service.</inline>—</heading><content>Notwithstanding subparagraphs (A), (B), and (C) of this paragraph, a plan shall not be treated as not satisfying the requirements of this paragraph solely because the accrual of benefits under the plan does not become effective until the employee has two continuous years of service. For purposes of this subparagraph, the term ‘years of service’ has the meaning provided by section 410(a)(3)(A).<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 898.</p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="F">“(F)</num> <heading><inline class="smallCaps">Certain insured defined benefit plans.</inline>—</heading><chapeau>Notwithstanding subparagraphs (A), (B), and (C), a defined benefit <page identifier="/us/stat/88/909">88 <inline class="smallCaps">Stat.</inline> 909</page> plan satisfies the requirements of this paragraph if such plan—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>is funded exclusively by the purchase of insurance contracts, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>satisfishes the requirements of paragraphs (2) and (3) of section 412(i) (relating to certain insurance <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 914.</p></sidenote> contract plans),</content></clause> <continuation class="indent0 fontsize10">but only if an employee’s accrued benefit as of any applicable date is not less than the cash surrender value his insurance contracts would have on such applicable date if the requirements of paragraphs (4), (5), and (6) of section 412(i) were satisfied.</continuation></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="G">“(G)</num> <heading><inline class="smallCaps">Accrued benefit may not decrease on account of increasing age or service.</inline>—</heading><chapeau>Notwithstanding the preceding subparagraphs, a defined benefit plan shall be treated as not satisfying the requirements of this paragraph if the participant’s accrued benefit is reduced on account of any increase in his age or service. The preceding sentence shall not apply to benefits under the plan commencing before entitlement to benefits payable under title II of the Social Security Act <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401.</ref></p></sidenote> which benefits under the plan—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>do not exceed such social security benefits, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>terminate when such social security benefits commence.</content></clause></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Separate accounting required in certain cases.</inline>—</heading> <chapeau>A plan satisfies the requirements of this paragraph if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>in the case of a defined benefit plan, the plan requires separate accounting for the portion of each employee’s accrued benefit derived from any voluntary employee contributions permitted under the plan; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>in the case of any plan which is not a defined benefit plan, the plan requires separate accounting for each employee’s accrued benefit.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Year of participation.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">Definition.</inline>—</heading><content>For purposes of determining an employee’s accrued benefit, the term ‘year of participation’ means a period of service (beginning at the earliest date on which the employee is a participant in the plan and which is included in a period of service required to be taken into account under section 410(a)(5)) as determined under regulations <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 898.</p></sidenote> prescribed by the Secretary of Labor which provide for the calculation of such period on any reasonable and consistent basis.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Less than full time service.</inline>—</heading><content>For purposes of this paragraph, except as provided in subparagraph (C), in the case of any employee whose customary employment is less than full time, the calculation of such employee’s service on any basis which provides less than a ratable portion of the accrued benefit to which he would be entitled under the plan if his customary employment were full time shall not be treated as made on a reasonable and consistent basis.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <heading><inline class="smallCaps">Less than 1,000 hours of service during year.</inline>—</heading> <content>For purposes of this paragraph, in the case of any employee whose service is less than 1,000 hours during any calendar year, plan year or other 12-consecutive month period designated by the plan (and not prohibited under regulations prescribed by the Secretary of Labor) the calculation of his period of service shall not be treated as not made on a reasonable and consistent basis solely because such service is not taken into account.</content></subparagraph> <page identifier="/us/stat/88/910">88 <inline class="smallCaps">Stat.</inline> 910</page> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <heading><inline class="smallCaps">Seasonal industries.</inline>—</heading><content>In the case of any seasonal industry where the customary period of employment is less than 1,000 hours during a calendar year, the term ‘year of participation’ shall be such period as determined under regulations prescribed by the Secretary of Labor.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <heading><inline class="smallCaps">Maritime industries.</inline>—</heading><content>For purposes of this subsection, in the case of any maritime industry, 125 days of service shall be treated as a year of participation. The Secretary <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> of Labor may prescribe regulations to carry out the purposes of this subparagraph.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <heading><inline class="smallCaps">Allocation of Accrued Benefits Between Employer and Employee Contributions.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">Accrued benefit derived from employer contributions.</inline>—</heading><content>For purposes of this section, an employee’s accrued benefit derived from employer contributions as of any applicable date is the excess, if any, of the accrued benefit for such employee as of such applicable date over the accrued benefit derived from contributions made by such employee as of such date.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Accrued benefit derived from employee contributions.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">Plans other than defined benefit plans.</inline>—</heading><chapeau>In the case of a plan other than a defined benefit plan, the accrued benefit derived from contributions made by an employee as of any applicable date is—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>except as provided in clause (ii), the balance of the employee’s separate account consisting only of his contributions and the income, expenses, gains, and losses attributable thereto, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>if a separate account is not maintained with respect to an employee’s contributions under such a plan, the amount which bears the same ratio to his total accrued benefit as the total amount of the employee’s contributions (less withdrawals) bears to the sum of such contributions and the contributions made on his behalf by the employer (less withdrawals).</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Defined benefit plans.</inline>—</heading> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><content>In the case of a defined benefit plan providing an annual benefit in the form of a single life annuity (without ancillary benefits) commencing at normal retirement age, the accrued benefit derived from contributions made by an employee as of any applicable date is the annual benefit equal to the employee’s accumulated contributions multiplied by the appropriate conversion factor.</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <heading><inline class="smallCaps">Appropriate conversion factor.</inline>—</heading><content>For purposes of clause (i), the term ‘appropriate conversion factor’ means the factor necessary to convert an amount equal to the accumulated contributions to a single life annuity (without ancillary benefits) commencing at normal retirement age and shall be 10 percent for a normal retirement age of 65 years. For other normal retirement ages the conversion factor shall be determined in accordance with regulations prescribed by the Secretary or his delegate.</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <heading><inline class="smallCaps">Definition of accumulated contributions.</inline>—</heading><chapeau>For purposes of this subsection, the term ‘accumulated contributions’ means the total of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>all mandatory contributions made by the employee,</content></clause> <page identifier="/us/stat/88/911">88 <inline class="smallCaps">Stat.</inline> 911</page> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>interest (if any) under the plan to the end of the last plan year to which subsection (a)(2) does not apply (by reason of the applicable effective date), and</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>interest on the sum of the amounts determined under clauses (i) and (ii) compounded annually at the rate of 5 percent per annum from the beginning of the first plan year to which subsection (a)(2) applies (by reason of the applicable effective date) to the date upon which the employee would attain normal retirement age.</content></clause> <continuation class="indent0 fontsize10">For purposes of this subparagraph, the term ‘mandatory contributions’ <sidenote><p class="indent0 firstIndent1 fontsize8">“Mandatory contributions.”</p></sidenote> means amounts contributed to the plan by the employee which are required as a condition of employment, as a condition of participation in such plan, or as a condition of obtaining benefits under the plan attributable to employer contributions.</continuation></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <heading><inline class="smallCaps">Adjustments.</inline>—</heading><content>The Secretary or his delegate is authorized to adjust by regulation the conversion factor described in subparagraph (B), the rate of interest described in clause (iii) of subparagraph (C), or both, from time to time as he may deem necessary. The rate of interest shall bear the relationship to 5 percent which the Secretary or his delegate determines to be comparable to the relationship which the long-term money rates and investment yields for the last period of 10 calendar years ending at least 12 months before the beginning of the plan year bear to the long-term money rates and investment yields for the 10-calendar year period 1964 through 1973. No such adjustment shall be effective for a plan year beginning before the expiration of 1 year after such adjustment is determined and published.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <heading><inline class="smallCaps">Limitation.</inline>—</heading><chapeau>The accrued benefit derived from employee contributions shall not exceed the greater of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the employee’s accrued benefit under the plan, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the accrued benefit derived from employee contributions determined as though the amounts calculated under clauses (ii) and (iii) of subparagraph (C) were zero.</content></clause></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Actuarial adjustment.</inline>—</heading><content>For purposes of this section, in the case of any defined benefit plan, if an employee’s accrued benefit is to be determined as an amount other than an annual benefit commencing at normal retirement age, or if the accrued benefit derived from contributions made by an employee is to be determined with respect to a benefit other than an annual benefit in the form of a single life annuity (without ancillary benefits) commencing at normal retirement age, the employee’s accrued benefit, or the accrued benefits derived from contributions made by an employee, as the case may be, shall be the actuarial equivalent of such benefit or amount determined under paragraph (1) or (2).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <heading><inline class="smallCaps">Special Rules.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">Coordination with section</inline> 401(a)(4).—</heading><chapeau>A plan which satisfies the requirements of this section shall be treated as satisfying any vesting requirements resulting from the application of section 401(a)(4) unless—<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 938.</p></sidenote></chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>there has been a pattern of abuse under the plan (such as a dismissal of employees before their accrued benefits become nonforfeitable) tending to discriminate in favor of employees who are officers, shareholders, or highly compensated, or</content></subparagraph> <page identifier="/us/stat/88/912">88 <inline class="smallCaps">Stat.</inline> 912</page> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>there have been, or there is reason to believe there will be, an accrual of benefits or forfeitures tending to discriminate in favor of employees who are officers, shareholders, or highly compensated.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Prohibited discrimination.</inline>—</heading><content>Subsection (a) shall not apply to benefits which may not be provided for designated employees in the event of early termination of the plan under provisions of the plan adopted pursuant to regulations prescribed by the Secretary or his delegate to preclude the discrimination prohibited by section 401(a)(4).<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 938.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Termination or partial termination; discontinuance of contributions.</inline>—</heading><chapeau>Notwithstanding the provisions of subsection (a), a trust shall not constitute a qualified trust under section 401(a) unless the plan of which such trust is a part provides that—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>upon its termination or partial termination, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>in the case of a plan to which section 412 does not <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 914.</p></sidenote> apply, upon complete discontinuance of contributions under the plan,</content></subparagraph> <continuation class="indent0 fontsize10">the rights of all affected employees to benefits accrued to the date of such termination, partial termination, or discontinuance, to the extent funded as of such date, or the amounts credited to the employees’ accounts, are nonforfeitable. This paragraph shall not apply to benefits or contributions which, under provisions of the plan adopted pursuant to regulations prescribed by the Secretary or his delegate to preclude the discrimination prohibited by section 401(a)(4), may not be used for designated employees in the event of early termination of the plan.</continuation></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <heading><inline class="smallCaps">Class year plans.</inline>—</heading><content>The requirements of subsection (a)(2) shall be deemed to be satisfied in the case of a class year plan if such plan provides that 100 percent of each employee’s right to or derived from the contributions of the employer on his behalf with respect to any plan year are nonforfeitable not later than the end of the 5th plan year following the plan year for which such contributions were made. For purposes of this section, the term ‘class year plan’ means a profit-sharing, stock bonus, or money purchase plan which provides for the separate nonforfeitability of employees’ rights to or derived from the contributions for each plan year.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <heading><inline class="smallCaps">Treatment of voluntary employee contributions.</inline>—</heading><content>In the case of a defined benefit plan which permits voluntary employee contributions, the portion of an employee’s accrued benefit derived from such contributions shall be treated as an accrued benefit derived from employee contributions under a plan other than a defined benefit plan.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <heading><inline class="smallCaps">Accrued benefit not to be decreased by amendment.</inline>—</heading><content>A plan shall be treated as not satisfying the requirements of this section if the accrued benefit of a participant is decreased by an amendment of the plan, other than an amendment described in section 412(c)(8).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <heading><inline class="smallCaps">Application of Vesting Standards to Certain Plans.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <chapeau>The provisions of this section (other than paragraph (2)) shall not apply to—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>a governmental plan (within the meaning of section 414(d)),<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 925.</p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>a church plan (within the meaning of section 414(e)) with respect to which the election provided by section 410(d) <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 898.</p></sidenote> has not been made,</content></subparagraph> <page identifier="/us/stat/88/913">88 <inline class="smallCaps">Stat.</inline> 913</page> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>a plan which has not, at any time after the date of the enactment of the Employee Retirement Income Security Act of 1974, provided for employer contributions, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>a plan established and maintained by a society, order, or association described in section 501(c) (8) or (9), if no <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> part of the contributions to or under such plan are made by employers of participants in such plan.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>A plan described in paragraph (1) shall be treated as meeting the requirements of this section, for purposes of section 401(a), if such plan meets the vesting requirements resulting from the application of sections 401(a)(4) and 401(a)(7) as in <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 938.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> effect on the day before the date of the enactment of the Employee Retirement Income Security Act of 1974.”</content></paragraph></subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Comparability of Plans.</inline>—</heading><content>Section 401(a) (relating to requirements for qualification) is amended by adding at the end of paragraph (5) the following: “<quotedText>For purposes of determining whether two or more plans of an employer satisfy the requirements of paragraph (4) when considered as a single plan, if the amount of contributions on behalf of the employees allowed as a deduction under section 404 for the taxable year with respect to such plans, taken together, bears a uniform relationship to the total compensation, or the basic or regular rate of compensation, of such employees, the plans shall not be considered discriminatory merely because the rights of employees to, or derived from, the employer contributions under the separate plans do not become nonforfeitable at the same rate. For the purposes of determining whether two or more plans of an employer satisfy the requirements of paragraph (4) when considered as a single plan, if the employees’ rights to benefits under the separate plans do not become nonforfeitable at the same rate, but the levels of benefits provided by the separate plans satisfy the requirements of regulations prescribed by the Secretary or his delegate to take account of the differences in such rates, the plans shall not be considered discriminatory merely because of the difference in such rates.</quotedText>”</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <heading><inline class="smallCaps">Variations From Certain Vesting and Accrued Benefits Requirements.</inline>—</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s411">26 USC 411</ref> note.</p></sidenote><chapeau>In the case of any plan maintained on January 1, 1974, if, not later than 2 years after the date of the enactment of this Act, the plan administrator petitions the Secretary of Labor, the Secretary of Labor may prescribe an alternate method which shall be treated as satisfying the requirements of subsection (a)(2) of section 411 of the Internal Revenue Code of 1954, or of subsection (b)(1) <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 901.</p></sidenote> (other than subparagraph (D) thereof) of such section 411, or of both such provisions for a period of not more than 4 years. The Secretary may prescribe such alternate method only when he finds that—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the application of such requirements would increase the costs of the plan to such an extent that there would result a substantial risk to the voluntary continuation of the plan or a substantial curtailment of benefit levels or the levels of employees’ compensation,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the application of such requirements or discontinuance of the plan would be adverse to the interests of plan participants in the aggregate, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>a waiver or extension of time granted under section 412(d) <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 914.</p></sidenote> or (e) would be inadequate.</content></paragraph> <continuation class="indent0 fontsize10">In the case of any plan with respect to which an alternate method has been prescribed under the preceding provisions of this subsection for a period of not more than 4 years, if, not later than 1 year before the expiration of such period, the plan administrator petitions the Secretary of Labor for an extension of such alternate method, and the Secretary makes the findings required by the preceding sentence, such alternate method may be extended for not more than 3 years.</continuation></subsection> </section> <page identifier="/us/stat/88/914">88 <inline class="smallCaps">Stat.</inline> 914</page> <section class="firstIndent0 fontsize10"><num value="1013">SEC. 1013.</num> <heading>MINIMUM FUNDING STANDARDS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a)</num> <heading><inline class="smallCaps">In General.</inline>—</heading><content>Subpart B of part I of subchapter D of chapter 1 is amended by adding after section 411 the following new section: <quotedContent> <section class="firstIndent0 fontsize10"><num value="412">“SEC. 412.</num> <heading>MINIMUM FUNDING STANDARDS.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s412">26 USC 412.</ref></p></sidenote> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <heading><inline class="smallCaps">General Rule.</inline>—</heading><chapeau>Except as provided in subsection (h), this section applies to a plan if, for any plan year beginning on or after the effective date of this section for such plan—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>such plan included a trust which qualified (or was determined by the Secretary or his delegate to have qualified) under section 401(a), or<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>such plan satisfied (or was determined by the Secretary or his delegate to have satisfied) the requirements of section 403(a) or 405(a).<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> pp. 969, 991.</p></sidenote></content></paragraph> <continuation class="indent0 fontsize10">A plan to which this section applies shall have satisfied the minimum <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s405">26 USC 405.</ref></p></sidenote> funding standard for such plan for a plan year if as of the end of such plan year, the plan does not have an accumulated funding deficiency. For purposes of this section and section 4971, the term ‘accumulated <sidenote><p class="indent0 firstIndent1 fontsize8">“Accumulated funding deficiency.”</p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 920.</p></sidenote> funding deficiency’ means for any plan the excess of the total charges to the funding standard account for all plan years (beginning with the first plan year to which this section applies) over the total credits to such account for such years or, if less, the excess of the total charges to the alternative minimum funding standard account for such plan years over the total credits to such account for such years.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <heading><inline class="smallCaps">Funding Standard Account.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">Account required.</inline>—</heading><content>Each plan to which this section applies shall establish and maintain a funding standard account. Such account shall be credited and charged solely as provided in this section.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Charges to account.</inline>—</heading><chapeau>For a plan year, the funding standard account shall be charged with the sum of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the normal cost of the plan for the plan year,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <chapeau>the amounts necessary to amortize in equal annual installments (until fully amortized)—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>in the case of a plan in existence on January 1, 1974, the unfunded past service liability under the plan on the first day of the first plan year to which this section applies, over a period of 40 plan years,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>in the case of a plan which comes into existence after January 1, 1974, the unfunded past service liability under the plan on the first day of the first plan year to which this section applies, over a period of 30 plan years (40 plan years in the case of a multiemployer plan),</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>separately, with respect to each plan year, the net increase (if any) in unfunded past service liability under the plan arising from plan amendments adopted in such year, over a period of 30 plan years (40 plan years in the case of a multiemployer plan),</content></clause> <clause class="indentUp1 fontsize10"><num value="iv">“(iv)</num> <content>separately, with respect to each plan year, the net experience loss (if any) under the plan, over a period of 15 plan years (20 plan years in the case of a multiemployer plan), and</content></clause> <clause class="indentUp1 fontsize10"><num value="v">“(v)</num> <content>separately, with respect to each plan year, the net loss (if any) resulting from changes in actuarial assumptions used under the plan, over a period of 30 plan years,</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>the amount necessary to amortize each waived funding deficiency (within the meaning of subsection (d)(3)) for each prior plan year in equal annual installments (until fully amortized) over a period of 15 plan years, and</content></subparagraph> <page identifier="/us/stat/88/915">88 <inline class="smallCaps">Stat.</inline> 915</page> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>the amount necessary to amortize in equal annual installments (until fully amortized) over a period of 5 plan years any amount credited to the funding standard account under paragraph (3)(D).</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Credits to account.</inline>—</heading><chapeau>For a plan year, the funding standard account shall be credited with the sum of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the amount considered contributed by the employer to or under the plan for the plan year,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <chapeau>the amount necessary to amortize in equal annual installments (until fully amortized)—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>separately, with respect to each plan year, the net decrease (if any) in unfunded past service liability under the plan arising from plan amendments adopted in such year, over a period of 30 plan years (40 plan years in the case of a multiemployer plan),</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>separately, with respect to each plan year, the net experience gain (if any) under the plan, over a period of 15 plan years (20 plan years in the case of a multiemployer plan), and</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>separately, with respect to each plan year, the net gain (if any) resulting from changes in actuarial assumptions used under the plan, over a period of 30 plan years,</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>the amount of the waived funding deficiency (within the meaning of subsection (d)(3)) for the plan year, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>in the case of a plan year for which the accumulated funding deficiency is determined under the funding standard account if such plan year follows a plan year for which such deficiency was determined under the alternative minimum funding standard, the excess (if any) of any debit balance in the funding standard account (determined without regard to this subparagraph) over any debit balance in the alternative minimum funding standard account.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <heading><inline class="smallCaps">Combining and offsetting amounts to be amortized.</inline>—</heading><chapeau>Under regulations prescribed by the Secretary or his delegate, amounts required to be amortized under paragraph (2) or paragraph (3), as the case may be—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>may be combined into one amount under such paragraph to be amortized over a period determined on the basis of the remaining amortization period for all items entering into such combined amount, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>may be offset against amounts required to be amortized under the other such paragraph, with the resulting amount to be amortized over a period determined on the basis of the remaining amortization periods for all items entering into whichever of the two amounts being offset is the greater.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <heading><inline class="smallCaps">Interest.</inline>—</heading><content>The funding standard account (and items therein) shall be charged or credited (as determined under regulations prescribed by the Secretary or his delegate) with interest at the appropriate rate consistent with the rate or rates of interest used under the plan to determine costs.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <heading><inline class="smallCaps">Special Rules.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">Determinations to be made under funding method.</inline>—</heading><content>For purposes of this section, normal costs, accrued liability, past service liabilities, and experience gains and losses shall be determined under the funding method used to determine costs under the plan.</content></paragraph> <page identifier="/us/stat/88/916">88 <inline class="smallCaps">Stat.</inline> 916</page> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Valuation of assets.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><content>For purposes of this section, the value of the plan’s assets shall be determined on the basis of any reasonable actuarial method of valuation which takes into account fair market value and which is permitted under regulations prescribed by the Secretary or his delegate.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Election with respect to bonds.</inline>—</heading><content>The value of a bond or other evidence of indebtedness which is not in default as to principal or interest may, at the election of the plan administrator, be determined on an amortized basis running from initial cost at purchase to par value at maturity or earliest call date. Any election under this subparagraph shall be made at such time and in such manner as the Secretary or his delegate shall by regulations provide, shall apply to all such evidences of indebtedness, and may be revoked only with the consent of the Secretary or his delegate.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Actuarial assumptions must be reasonable.</inline>—</heading><content>For purposes of this section, all costs, liabilities, rates of interest, and other factors under the plan shall be determined on the basis of actuarial assumptions and methods which, in the aggregate, are reasonable (taking into account the experience of the plan and reasonable expectations) and which, in combination, offer the actuary’s best estimate of anticipated experience under the plan.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <heading><inline class="smallCaps">Treatment of certain changes as experience gain or loss.</inline>—</heading><chapeau>For purposes of this section, if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>a change in benefits under the Social Security Act <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305.</ref></p></sidenote> or in other retirement benefits created under Federal or State law, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>a change in the definition of the term ‘wages’ under section 3121, or a change in the amount of such wages taken <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s3121">26 USC 3121.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> into account under regulations prescribed for purposes of section 401(a)(5),</content></subparagraph> <continuation class="indent0 fontsize10">results in an increase or decrease in accrued liability under a plan, such increase or decrease shall be treated as an experience loss or gain.</continuation></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <heading><inline class="smallCaps">Change in funding method or in plan year requires approval.</inline>—</heading><content>If the funding method for a plan is changed, the new funding method shall become the funding method used to determine costs and liabilities under the plan only if the change is approved by the Secretary or his delegate. If the plan year for a plan is changed, the new plan year shall become the plan year for the plan only if the change is approved by the Secretary or his delegate.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <heading><inline class="smallCaps">Full funding.</inline>—</heading><chapeau>If, as of the close of a plan year, a plan would (without regard to this paragraph) have an accumulated funding deficiency (determined without regard to the alternative minimum funding standard account permitted under subsection (g)) in excess of the full funding limitation—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the funding standard account shall be credited with the amount of such excess, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>all amounts described in paragraphs (2) (B), (C), and (D) and (3)(B) of subsection (b) which are required to be amortized shall be considered fully amortized for purposes of such paragraphs.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">“(7)</num> <heading><inline class="smallCaps">Full funding limitation.</inline>—</heading><chapeau>For purposes of paragraph <page identifier="/us/stat/88/917">88 <inline class="smallCaps">Stat.</inline> 917</page> (6), the term ‘full funding limitation’ means the excess (if any) of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the accrued liability (including normal cost) under the plan (determined under the entry age normal funding method if such accrued liability cannot be directly calculated under the funding method used for the plan), over</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the lesser of the fair market value of the plan’s assets or the value of such assets determined under paragraph (2).</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">“(8)</num> <heading><inline class="smallCaps">Certain retroactive plan amendments.</inline>—</heading><chapeau>For purposes of this section, any amendment applying to a plan year which—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>is adopted after the close of such plan year but no later than 2 and one-half months after the close of the plan year (or, in the case of a multiemployer plan, no later than 2 years after the close of such plan year),</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>does not reduce the accrued benefit of any participant determined as of the beginning of the first plan year to which the amendment applies, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>does not reduce the accrued benefit of any participant determined as of the time of adoption except to the extent required by the circumstances,</content></subparagraph> <continuation class="indent0 fontsize10">shall, at the election of the plan administrator, be deemed to have been made on the first day of such plan year. No amendment <sidenote><p class="indent0 firstIndent1 fontsize8">Notifiction of amendment.</p></sidenote> described in this paragraph which reduces the accrued benefits of any participant shall take effect unless the plan administrator files a notice with the Secretary of Labor notifying him of such amendment and the Secretary of Labor has approved such amendment, or within 90 days after the date on which such notice was filed, failed to disapprove such amendment. No <sidenote><p class="indent0 firstIndent1 fontsize8">Approval.</p></sidenote> amendment described in this subsection shall be approved by the Secretary of Labor unless he determines that such amendment is necessary because of a substantial business hardship (as determined under subsection (d)(2)) and that a waiver under subsection (d)(1) is unavailable or inadequate.</continuation></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">“(9)</num> <heading><inline class="smallCaps">3-year valuation.</inline>—</heading><content>For purposes of this section, a determination of experience gains and losses and a valuation of the plan’s liability shall be made not less frequently than once every 3 years, except that such determination shall be made more frequently to the extent required in particular cases under regulations prescribed by the Secretary or his delegate.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="10">“(10)</num> <heading><inline class="smallCaps">Time when certain contributions deemed made.</inline>—</heading><content>For purposes of this section, any contributions for a plan year made by an employer after the last day of such plan year, but not later than two and one-half months after such day, shall be deemed to have been made on such last day. For purposes of this paragraph, such two and one-half month period may be extended for not more than six months under regulations prescribed by the Secretary or his delegate.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <heading><inline class="smallCaps">Variance From Minimum Funding Standard.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">Waiver in case of substantial business hardship.</inline>—</heading><content>If an employer or in the case of a multiemployer plan, 10 percent or more of the number of employers contributing to or under the plan, are unable to satisfy the minimum funding standard for a plan year without substantial business hardship and if application of the standard would be adverse to the interests of plan participants in the aggregate, the Secretary or his delegate may waive the requirements of subsection (a) for such year with respect to all or any portion of the minimum funding standard other than the portion thereof determined under subsection (b)(2)(C). The Secretary or his delegate shall not waive the mini-<page identifier="/us/stat/88/918">88 <inline class="smallCaps">Stat.</inline> 918</page>mum funding standard with respect to a plan for more than 5 of any 15 consecutive plan years.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Determination of substantial business hardship.</inline>—</heading><chapeau>For purposes of this section, the factors taken into account in determining substantial business hardship shall include (but shall not be limited to) whether or not—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the employer is operating at an economic loss,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>there is substantial unemployment or underemployment in the trade or business and in the industry concerned,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>the sales and profits of the industry concerned are depressed or declining, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>it is reasonable to expect that the plan will be continued only if the waiver is granted.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Waived funding deficiency.</inline>—</heading><content>For purposes of this section, the term ‘waived funding deficiency’ means the portion of the minimum funding standard (determined without regard to subsection (b)(3)(C)) for a plan year waived by the Secretary or his delegate and not satisfied by employer contributions.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <heading><inline class="smallCaps">Extension of Amortization Periods.</inline>—</heading><chapeau>The period of years required to amortize any unfunded liability (described in any clause of subsection (b)(2)(B)) of any plan may be extended by the Secretary of Labor for a period of time (not in excess of 10 years) if he determines that such extension would carry out the purposes of the Employee Retirement Income Security Act of 1974 and would provide <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 829.</p></sidenote> adequate protection for participants under the plan and their beneficiaries and if he determines that the failure to permit such extension would—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <chapeau>result in—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>a substantial risk to the voluntary continuation of the plan, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>a substantial curtailment of pension benefit levels or employee compensation, and</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>be adverse to the interests of plan participants in the aggregate.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <heading><inline class="smallCaps">Benefits May Not Be Increased During Waiver or Extension Period.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><content>No amendment of the plan which increases the liabilities of the plan by reason of any increase in benefits, any change in the accrual of benefits, or any change in the rate at which benefits become nonforfeitable under the plan shall be adopted if a waiver under subsection (d)(1) or an extension of time under subsection (e) is in effect with respect to the plan, or if a plan amendment described in subsection (c)(8) has been made at any time in the preceding 12 months (24 months for multiemployer plans). If a plan is amended in violation of the preceding sentence, any such waiver or extension of time shall not apply to any plan year ending on or after the date on which such amendment is adopted.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Exception.</inline>—</heading><chapeau>Paragraph (1) shall not apply to any plan amendment which—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the Secretary of Labor determines to be reasonable and which provides for only de minimis increases in the liabilities of the plan,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>only repeals an amendment described in subsection (c)(8), or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>is required as a condition of qualification under this part.</content></subparagraph></paragraph></subsection> <page identifier="/us/stat/88/919">88 <inline class="smallCaps">Stat.</inline> 919</page> <subsection class="indent0 fontsize10"><num value="g">“(g)</num> <heading><inline class="smallCaps">Alternative Minimum Funding Standard.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><content>A plan which uses a funding method that requires contributions in all years not less than those required under the entry age normal funding method may maintain an alternative minimum funding standard account for any plan year. Such account shall be credited and charged solely as provided in this subsection.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Charges and credits to account.</inline>—</heading><chapeau>For a plan year the alternative minimum funding standard account shall be—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <chapeau>charged with the sum of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the lesser of normal cost under the funding method used under the plan or normal cost determined under the unit credit method,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the excess, if any, of the present value of accrued benefits under the plan over the fair market value of the assets, and</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>an amount equal to the excess (if any) of credits to the alternative minimum standard account for all prior plan years over charges to such account for all such years, and</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>credited with the amount considered contributed by the employer to or under the plan for the plan year.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Special rules.</inline>—</heading><content>The alternative minimum funding standard account (and items therein) shall be charged or credited with interest in the manner provided under subsection (b)(5) with respect to the funding standard account.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="h">“(h)</num> <heading><inline class="smallCaps">Exceptions.</inline>—</heading><chapeau>This section shall not apply to—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>any profit-sharing or stock bonus plan,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>any insurance contract plan described in subsection (i),</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>any governmental plan (within the meaning of section 414(d)),<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 925.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>any church plan (within the meaning of section 414(e)) with respect to which the election provided by section 410(d) <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 898.</p></sidenote> has not been made,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <content>any plan which has not, at any time after the date of the enactment of the Employee Retirement Income Security Act of 1974, provided for employer contributions, or<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 829.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <content>any plan established and maintained by a society, order, or association described in section 501(c) (8) or (9), if no part of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> the contributions to or under such plan are made by employers of participants in such plan.</content></paragraph> <continuation class="indent0 fontsize10">No plan described in paragraph (3), (4), or (6) shall be treated as a qualified plan for purposes of section 401(a) unless such plan meets <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> the requirements of section 401(a)(7) as in effect on the day before the date of the enactment of the Employee Retirement Income Security Act of 1974.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="i">“(i)</num> <heading><inline class="smallCaps">Certain Insurance Contract Plans.</inline>—</heading><chapeau>A plan is described in this subsection if—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>the plan is funded exclusively by the purchase of individual insurance contracts.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>such contracts provide for level annual premium payments to be paid extending not later than the retirement age for each individual participating in the plan, and commencing with the date the individual became a participant in the plan (or, in the case of an increase in benefits, commencing at the time such increase becomes effective),</content></paragraph> <page identifier="/us/stat/88/920">88 <inline class="smallCaps">Stat.</inline> 920</page> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>benefits provided by the plan are equal to the benefits provided under each contract at normal retirement age under the plan and are guaranteed by an insurance carrier (licensed under the laws of a State to do business with the plan) to the extent premiums have been paid,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>premiums payable for the plan year, and all prior plan years, under such contracts have been paid before lapse or there is reinstatement of the policy,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <content>no rights under such contracts have been subject to a security interest at any time during the plan year, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <content>no policy loans are outstanding at any time during the plan year.</content></paragraph> <continuation class="indent0 fontsize10">A plan funded exclusively by the purchase of group insurance contracts which is determined under regulations prescribed by the Secretary or his delegate to have the same characteristics as contracts described in the preceding sentence shall be treated as a plan described in this subsection.”</continuation></subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Excise Tax on Failure To Meet Minimum Funding Standards.</inline>—</heading><content>Subtitle D (relating to miscellaneous excise taxes) is amended by adding at the end thereof the following new chapter: <quotedContent> <chapter> <num value="43">“<inline class="smallCaps">Chapter</inline> 43—</num><heading><inline class="smallCaps">Qualified Pension, Etc., Plans</inline></heading> <toc> <referenceItem role="section"><designator>“Sec. 4971.</designator> <label>Taxes on failure to meet minimum funding standards.</label></referenceItem> </toc> <section class="firstIndent0 fontsize10"><num value="4971">“SEC. 4971.</num> <heading>TAXES ON FAILURE TO MEET MINIMUM FUNDING STANDARDS.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s4971">26 USC 4971.</ref></p></sidenote> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <heading><inline class="smallCaps">Initial Tax.</inline>—</heading><content>For each taxable year of an employer who maintains a plan to which section 412 applies, there is hereby imposed <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 914.</p></sidenote> a tax of 5 percent on the amount of the accumulated funding deficiency under the plan, determined as of the end of the plan year ending with or within such taxable year. The tax imposed by this subsection shall be paid by the employer responsible for contributing to or under the plan the amount described in section 412(b)(3)(A).</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <heading><inline class="smallCaps">Additional Tax.</inline>—</heading><content>In any case in which an initial tax is imposed by subsection (a) on an accumulated funding deficiency and such accumulated funding deficiency is not corrected within the correction period, there is hereby imposed a tax equal to 100 percent of such accumulated funding deficiency to the extent not corrected. The tax imposed by this subsection shall be paid by the employer described in subsection (a).</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <heading><inline class="smallCaps">Definitions.</inline>—</heading><chapeau>For purposes of this section—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">Accumulated funding deficiency.</inline>—</heading><content>The term ‘accumulated funding deficiency’ has the meaning given to such term by section 412(a).</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Correct.</inline>—</heading><content>The term ‘correct’ means, with respect to an accumulated funding deficiency, the contribution, to or under the plan, of the amount necessary to reduce such accumulated funding deficiency as of the end of a plan year to zero.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Correction period.</inline>—</heading><chapeau>The term ‘correction period’ means, with respect to an accumulated funding deficiency, the period beginning with the end of a plan year in which there is an accumulated funding deficiency and ending 90 days after the date of mailing of a notice of deficiency under section 6212 with respect to the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6212">26 USC 6212.</ref></p></sidenote> tax imposed by subsection (b),extended—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>by any period in which a deficiency cannot be assessed undersection 6213(a), and<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6213">26 USC 6213.</ref></p></sidenote></content></subparagraph> <page identifier="/us/stat/88/921">88 <inline class="smallCaps">Stat.</inline> 921</page> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>by any other period which the Secretary or his delegate determines is reasonable and necessary to permit a reduction of the accumulated funding deficiency to zero under this section.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <heading><inline class="smallCaps">Notification of Secretary of Labor.</inline>—</heading><chapeau>Before issuing a notice of deficiency with respect to the tax imposed by subsection (a) or (b), the Secretary or his delegate shall notify the Secretary of Labor and provide him a reasonable opportunity (but not more than 60 days)—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>to require the employer responsible for contributing to or under the plan to eliminate the accumulated funding deficiency, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>to comment on the imposition of such tax, and</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <heading><inline class="smallCaps">Cross References.</inline>—</heading> <content><list> <listItem class="indentUp2 fontsize8"><listContent class="indentUp1"><b>“For disallowance of deduction for taxes paid under this section, see section 275.</b></listContent></listItem> <listItem class="indentUp2 fontsize8"><listContent class="indentUp1"><b>“For liability for tax in case of an employer party to collective bargaining agreement, see section 413(b)(6).</b></listContent></listItem> <listItem class="indentUp2 fontsize8"><listContent class="indentUp1"><b>“For provisions concerning notification of Secretary of Labor of imposition of tax under this section, waiver of the tax imposed by subsection (b), and other coordination between Secretary of the Treasury and Secretary of Labor with respect to compliance with this section, see section 3002(b) of title III of the Employee Retirement Income Security Act of 1974.”.</b></listContent></listItem></list></content></subsection></section> </chapter></quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <heading><inline class="smallCaps">Amendments to Section 404.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>Paragraph (1) of section 404(a) (relating to deduction for <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s404">26 USC 404.</ref></p></sidenote> employer contributions to pension trusts) is amended to read as follows: <quotedContent> <paragraph class="indent0 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">Pension trusts.</inline></heading> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><chapeau>In the taxable year when paid, if the contributions are paid into a pension trust, and if such taxable year ends within or with a taxable year of the trust for which the trust is exempt under section 501(a), in an <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> amount determined as follows:</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the amount necessary to satisfy the minimum funding standard provided by section 412(a) for plan <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 914.</p></sidenote> years ending within or with such taxable year (or for any prior plan year), if such amount is greater than the amount determined under clause (ii) or (iii) (whichever is applicable with respect to the plan),</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the amount necessary to provide with respect to all of the employees under the trust the remaining unfunded cost of their past and current service credits distributed as a level amount, or a level percentage of compensation, over the remaining future service of each such employee, as determined under regulations prescribed by the Secretary or his delegate, but if such remaining unfunded cost with respect to any 3 individuals is more than 50 percent of such remaining unfunded cost, the amount of such unfunded cost attributable to such individuals shall be distributed over a period of at least 5 taxable years.</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>an amount equal to the normal cost of the plan, as determined under regulations prescribed by the Secretary or his delegate, plus, if past service or other supplementary pension or annuity credits are provided by the plan, an amount necessary to amortize such credits in equal annual payments (until fully amortized) over 10 years, as determined under regulations prescribed by the Secretary or his delegate.</content></clause> <continuation class="indent0 fontsize10">In determining the amount deductible in such year under the foregoing limitations the funding method and the actuarial assumptions used shall be those used for such year under <page identifier="/us/stat/88/922">88 <inline class="smallCaps">Stat.</inline> 922</page> section 412, and the maximum amount deductible for such <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 914.</p></sidenote> year shall be an amount equal to the full funding limitation for such year determined under section 412.</continuation></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Special rule in case of certain amendments.</inline>—</heading><chapeau>In the case of a plan which the Secretary of Labor finds to be collectively bargained which makes an election under this subparagraph (in such manner and at such time as may be provided under regulations prescribed by the Secretary or his delegate), if the full funding limitation determined under section 412(c)(7) for such year is zero, if as a result of any plan amendment applying to such plan year, the amount determined under section 412(c)(7)(B) exceeds the amount determined under section 412(c)(7)(A), and if the funding method and the actuarial assumptions used are those used for such year under section 412, the maximum amount deductible in such year under the limitations of this paragraph shall be an amount equal to the lesser of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the full funding limitation for such year determined by applying section 412(c)(7) but increasing the amount referred to in subparagraph (A) thereof by the decrease in the present value of all unamortized liabilities resulting from such amendment, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the normal cost under the plan reduced by the amount necessary to amortize in equal annual installments over 10 years (until fully amortized) the decrease described in clause (i).</content></clause> <continuation class="indent0 fontsize10">In the case of any election under this subparagraph, the amount deductible under the limitations of this paragraph with respect to any of the plan years following the plan year for which such election was made shall be determined as provided under such regulations as may be prescribed by the Secretary or his delegate to carry out the purposes of this subparagraph.</continuation></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <heading><inline class="smallCaps">Certain collectively-bargained plans.</inline>—</heading><content>In the case of a plan which the Secretary of Labor finds to be collectively bargained, established or maintained by an employer doing business in not less than 40 States and engaged in the trade or business of furnishing or selling services described in section 167(1)(3)(A)(iii), with respect to which the rates have <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s167">26 USC 167.</ref></p></sidenote> been established or approved by a State or political subdivision thereof, by any agency or instrumentality of the United States, or by a public service or public utility commission or other similar body of any State or political subdivision thereof, and in the case of any employer which is a member of a controlled group with such employer, subparagraph (B) shall be applied by substituting for the words ‘plan amendment’ the words ‘plan amendment or increase in benefits payable under title II of the Social Security Act’. For purposes <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401.</ref></p> <p class="indent0 firstIndent1 fontsize8">“Controlled group.”</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1563">26 USC 1563.</ref></p></sidenote> of this subparagraph, the term ‘controlled group’ has the meaning provided by section 1563(a), determined without regard to section 1563(a)(4) and (e)(3)(C).</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <heading><inline class="smallCaps">Carryover.</inline>—</heading><content>Any amount paid in a taxable year in excess of the amount deductible in such year under the foregoing limitations shall be deductible in the succeeding taxable years in order of time to the extent of the difference between the amount paid and deductible in each such succeeding year and the maximum amount deductible for such year under the foregoing limitations.”</content></subparagraph></paragraph> </quotedContent> </content> </paragraph> <page identifier="/us/stat/88/923">88 <inline class="smallCaps">Stat.</inline> 923</page> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>Paragraph (6) of section 404(a) (relating to taxpayers <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s404">26 USC 404.</ref></p></sidenote> on accrual basis) is amended to read as follows: <quotedContent> <paragraph class="indent0 fontsize10"><num value="6">“(6)</num> <heading><inline class="smallCaps">Time when contributions deemed made.</inline>—</heading><content>For purposes of paragraphs (1), (2), and (3), a taxpayer shall be deemed to have made a payment on the last day of the preceding taxable year if the payment is on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (including extensions thereof).”</content></paragraph> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>Paragraph (7) of section 404(a) (relating to limit on deductions) is amended to read as follows: <quotedContent> <paragraph class="indent0 fontsize10"><num value="7">“(7)</num> <heading><inline class="smallCaps">Limit on deductions.</inline>—</heading><content>If amounts are deductible under paragraphs (1) and (3), or (2) and (3), or (1), (2), and (3), in connection with two or more trusts, or one or more trusts and an annuity plan, the total amount deductible in a taxable year under such trusts and plans shall not exceed the greater of 25 percent of the compensation otherwise paid or accrued during the taxable year to the beneficiaries of the trusts or plans, or the amount of contributions made to or under the trusts or plans to the extent such contributions do not exceed the amount of employer contributions necessary to satisfy the minimum funding standard provided by section 412 for the plan year which ends with or <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 914.</p></sidenote> within such taxable year (or for any prior plan year). In addition, any amount paid into such trust or under such annuity plans in any taxable year in excess of the amount allowable with respect to such year under the preceding provisions of this paragraph shall be deductible in the succeeding taxable years in order of time, but the amount so deductible under this sentence in any one such succeeding taxable year together with the amount allowable under the first sentence of this paragraph shall not exceed 25 percent of the compensation otherwise paid or accrued during such taxable years to the beneficiaries under the trusts or plans. This paragraph shall not have the effect of reducing the amount otherwise deductible under paragraphs (1), (2), and (3), if no employee is a beneficiary under more than one trust or a trust and an annuity plan.”</content></paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <heading><inline class="smallCaps">Alternative Amortization Method for Certain Multiemployer Plans.</inline>—</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s412">26 USC 412</ref> note.</p></sidenote> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <heading><inline class="smallCaps">General rule.</inline>—</heading><chapeau>In the case of any multiemployer plan (as defined in section 414(f) of the Internal Revenue Code of 1954) <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 925.</p></sidenote> to which section 412 of such Code applies, if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>on January 1, 1974, the contributions under the plan were based on a percentage of pay,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the actuarial assumptions with respect to pay are reasonably related to past and projected experience, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>the rates of interest under the plan are determined on the basis of reasonable actuarial assumptions,</content></subparagraph> <continuation class="indent0 fontsize10">the plan may elect (in such manner and at such time as may be provided under regulations prescribed by the Secretary of the Treasury or his delegate) to fund the unfunded past service liability under the plan existing as of the date 12 months following the first date on which such section 412 first applies to the plan by charging the funding standard account with an equal annual percentage of the aggregate pay of all participants in the plan in lieu of the level dollar charges to such account required under clauses (i), (ii), and (iii) of section 412(b)(2)(B) of such Code and section 302(b)(2)(B)(i), (ii), and (iii) of this Act.</continuation></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <heading><inline class="smallCaps">Limitation.</inline>—</heading><content>In the case of a plan which makes an election under paragraph (1), the aggregate of the charges required under such paragraph for a plan year shall not be less than the interest <page identifier="/us/stat/88/924">88 <inline class="smallCaps">Stat.</inline> 924</page> on the unfunded past service liabilities described in clauses (i), (ii), and (iii) of section 412(b)(2)(B) of the Internal Revenue <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 914.</p></sidenote> Code of 1954.</content></paragraph></subsection> </section> <section class="firstIndent0 fontsize10"><num value="1014">SEC. 1014.</num> <heading>COLLECTIVELY BARGAINED PLANS, ETC.</heading> <content>Subpart B of part I of subchapter D of chapter 1 (relating to special rules) is amended by inserting after section 412 the following new section: <quotedContent> <section class="firstIndent0 fontsize10"><num value="413">“SEC. 413.</num> <heading>COLLECTIVELY BARGAINED PLANS, ETC.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s413">26 USC 413.</ref></p></sidenote> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <heading><inline class="smallCaps">Application of Subsection</inline> (b).—</heading><chapeau>Subsection (b) applies to—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>a plan maintained pursuant to an agreement which the Secretary of Labor finds to be a collective-bargaining agreement between employee representatives and one or more employers, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>each trust which is a part of such plan.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <heading><inline class="smallCaps">General Rule.</inline>—</heading><chapeau>If this subsection applies to a plan, notwithstanding any other provision of this title—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">Participation.</inline>—</heading><content>Section 410 shall be applied as if all <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 898.</p></sidenote> employees of each of the employers who are parties to the collective-bargaining agreement and who are subject to the same benefit computation formula under the plan were employed by a single employer.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Discrimination, etc.</inline>—</heading><content>Sections 401(a)(4) and 411(d)(3) <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 938; <i>Ante,</i> p. 901.</p></sidenote> shall be applied as if all participants who are subject to the same benefit computation formula and who are employed by employers who are parties to the collective bargaining agreement were employed by a single employer.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Exclusive benefit.</inline>—</heading><content>For purposes of section 401(a), in determining whether the plan of an employer is for the exclusive benefit of his employees and their beneficiaries, all plan participants shall be considered to be his employees.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <heading><inline class="smallCaps">Vesting.</inline>—</heading><content>Section 411 (other than subsection (d)(3)) shall be applied as if all employers who have been parties to the collective-bargaining agreement constituted a single employer, except that the application of any rules with respect to breaks in service shall be made under regulations prescribed by the Secretary of Labor.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <heading><inline class="smallCaps">Funding.</inline>—</heading><content>The minimum funding standard provided by section 412 shall be determined as if all participants in the plan were employed by a single employer.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <heading><inline class="smallCaps">Liability for funding tax.</inline>—</heading><chapeau>For a plan year the liability <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 920.</p></sidenote> under section 4971 of each employer who is a party to the collective bargaining agreement shall be determined in a reasonable manner not inconsistent with regulations prescribed by the Secretary or his delegate—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>first on the basis of their respective delinquencies in meeting required employer contributions under the plan, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>then on the basis of their respective liabilities for contributions under the plan.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">“(7)</num> <heading><inline class="smallCaps">Deduction limitations.</inline>—</heading><content>Each applicable limitation provided <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s404">26 USC 404.</ref></p></sidenote> by section 404(a) shall be determined as if all participants in the plan were employed by a single employer. The amounts contributed to or under the plan by each employer who is a party to the agreement, for the portion of his taxable year which is included within such a plan year, shall be considered not to exceed such a limitation if the anticipated employer contributions for such plan year (determined in a manner consistent with the manner in which actual employer contributions for such plan year are determined) do not exceed such limitation. If such anticipated contributions exceed such a limitation, the portion of each such employer’s contributions which is not deductible under section <page identifier="/us/stat/88/925">88 <inline class="smallCaps">Stat.</inline> 925</page> 404 shall be determined in accordance with regulations prescribed by the Secretary or his delegate.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s404">26 USC 404.</ref></p></sidenote></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">“(8)</num> <heading><inline class="smallCaps">Employees of labor unions.</inline>—</heading><content>For purposes of this subsection, employees of employee representatives shall be treated as employees of an employer described in subsection (a)(1) if such representatives meet the requirements of sections 401(a)(4) and 410 with respect to such employees.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 938; <i>Ante,</i> p. 898.</p></sidenote></content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <heading><inline class="smallCaps">Plans Maintained by More Than One Employer.</inline>—</heading><chapeau>In the case of a plan maintained by more than one employer—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">Participation.</inline>—</heading><content>Section 410(a) shall be applied as if all employees of each of the employers who maintain the plan were employed by a single employer.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Exclusive benefit.</inline>—</heading><content>For purposes of section 401(a), in determining whether the plan of an employer is for the exclusive benefit of his employees and their beneficiaries all plan participants shall be considered to be his employees.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Vesting.</inline>—</heading><content>Section 411 shall be applied as if all employers <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 901.</p></sidenote> who maintain the plan constituted a single employer, except that the application of any rules with respect to breaks in service shall be made under regulations prescribed by the Secretary of Labor.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <heading><inline class="smallCaps">Funding.</inline>—</heading><content>The minimum funding standard provided by section 412 shall be determined as if all participants in the plan <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 914.</p></sidenote> were employed by a single employer.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <heading><inline class="smallCaps">Liability for funding tax.</inline>—</heading><chapeau>For a plan year the liability under section 4971 of each employer who maintains the plan shall <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 920.</p></sidenote> be determined in a reasonable manner not inconsistent with regulations prescribed by the Secretary or his delegate—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>first on the basis of their respective delinquencies in meeting required employer contributions under the plan, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>then on the basis of their respective liabilities for contributions under the plan.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <heading><inline class="smallCaps">Deduction limitations.</inline>—</heading><content>Each applicable limitation provided by section 404(a) shall be determined as if all participants in the plan were employed by a single employer. The amounts contributed to or under the plan by each employer who maintains the plan, for the portion of this taxable year which is included within such a plan year, shall be considered not to exceed such a limitation if the anticipated employer contributions for such plan year (determined in a reasonable manner not inconsistent with regulations prescribed by the Secretary or his delegate) do not exceed such limitation. If such anticipated contributions exceed such a limitation, the portion of each such employer’s contributions which is not deductible under section 404 shall be determined in accordance with regulations prescribed by the Secretary or his delegate.</content></paragraph> <continuation class="indent0 fontsize10">Allocations of amounts under paragraphs (4), (5), and (6), among the employers maintaining the plan, shall not be inconsistent with regulations prescribed for this purpose by the Secretary or his delegate.”</continuation></subsection> </section> </quotedContent> </content> </section> <section class="firstIndent0 fontsize10"><num value="1015">SEC. 1015.</num> <heading>DEFINITIONS AND SPECIAL RULES.</heading> <content>Subpart B of part I of subchapter D of chapter 1 is amended by inserting after section 413 the following new section: <quotedContent> <section class="firstIndent0 fontsize10"><num value="414">“SEC. 414.</num> <heading>DEFINITIONS AND SPECIAL RULES.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s414">26 USC 414.</ref></p></sidenote> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <heading><inline class="smallCaps">Service for Predecessor Employer.</inline>—</heading><chapeau>For purposes of this part—</chapeau> <page identifier="/us/stat/88/926">88 <inline class="smallCaps">Stat.</inline> 926</page> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>in any case in which the employer maintains a plan of a predecessor employer, service for such predecessor shall be treated as service for the employer, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>in any case in which the employer maintains a plan which is not the plan maintained by a predecessor employer, service for such predecessor shall, to the extent provided in regulations prescribed by the Secretary or his delegate, be treated as service for the employer.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <heading><inline class="smallCaps">Employees of Controlled Group of Corporations.</inline>—</heading><content>For purposes of sections 401, 410, 411, and 415, all employees of all corporations <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> pp. 898, 901; <i>Post,</i> p. 979.</p></sidenote> which are members of a controlled group of corporations (within the meaning of section 1563(a), determined without regard to section 1563(a)(4) and (e)(3)(C)) shall be treated as employed <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1563">26 USC 1563.</ref></p></sidenote> by a single employer. With respect to a plan adopted by more than one such corporation, the minimum funding standard of section 412, the tax imposed by section 4971, and the applicable limitations provided <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 920.</p></sidenote> by section 404(a) shall be determined as if all such employers were a single employer, and allocated to each employer in accordance with regulations prescribed by the Secretary or his delegate.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <heading><inline class="smallCaps">Employees of Partnerships, Proprietorships, Etc., Which Are Under Common Control.</inline>—</heading><content>For purposes of sections 401, 410, 411, and 415, under regulations prescribed by the Secretary or his delegate, all employees of trades or businesses (whether or not incorporated) which are under common control shall be treated as employed by a single employer. The regulations prescribed under this subsection shall be based on principles similar to the principles which apply in the case of subsection (b).</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <heading><inline class="smallCaps">Governmental Plan.</inline>—</heading><content>For purposes of this part, the term ‘governmental plan’ means a plan established and maintained for its employees by the Government of the United States, by the government of any State or political subdivision thereof, or by any agency or instrumentality of any of the foregoing. The term ‘governmental plan’ also includes any plan to which the Railroad Retirement Act of 1935 or 1937 applies and which is financed by contributions required <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t45/s215–228/s228a">45 USC 215–228 notes, 228a.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t22/s288">22 USC 288</ref> note.</p></sidenote> under that Act and any plan of an international organization which is exempt from taxation by reason of the International Organizations Immunities Act (59 Stat. 669).</content></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <heading><inline class="smallCaps">Church Plan.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><chapeau>For purposes of this part the term ‘church plan’ means—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>a plan established and maintained for its employees by a church or by a convention or association of churches which is exempt from tax under section 501, or<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>a plan described in paragraph (3).</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Certain unrelated business or multiemployer plans.</inline>—</heading><chapeau>The term ‘church plan’ does not include a plan—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>which is established and maintained primarily for the benefit of employees (or their beneficiaries) of such church or convention or association of churches who are employed in connection with one or more unrelated trades or businesses (within the meaning of section 513), or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>which is a plan maintained by more than one employer, if one or more of the employers in the plan is not a church (or a convention or association of churches) which is exempt from tax under section 501.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Special temporary rule for certain church agencies under church plan.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>Notwithstanding the provisions of paragraph (2)(B), a plan in existence on January 1, 1974, shall be <page identifier="/us/stat/88/927">88 <inline class="smallCaps">Stat.</inline> 927</page> treated as a church plan if it is established and maintained by a church or convention or association of churches and one or more agencies of such church (or convention or association) for the employees of such church (or convention or association) and the employees of one or more agencies of such church (or convention or association), and if such church (or convention or association) and each such agency is exempt from tax under section 501.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>Subparagraph (A) shall not apply to any plan maintained for employees of an agency with respect to which the plan was not maintained on January 1, 1974.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>Subparagraph (A) shall not apply with respect to any plan for any plan year beginning after December 31, 1982.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <heading><inline class="smallCaps">Multiemployer Plan.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><chapeau>For purposes of this part, the term ‘multiemployer plan’ means a plan—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>to which more than one employer is required to contribute,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>which is maintained pursuant to a collective-bargaining agreement between employee representatives and more than one employer,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>under which the amount of contributions made under the plan for a plan year by each employer making such contributions is less than 50 percent of the aggregate amount of contributions made under the plan for that plan year by all employers making such contributions,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>under which benefits are payable with respect to each participant without regard to the cessation of contributions by the employer who employed that participant except to the extent that such benefits accrued as a result of service with the employer before such employer was required to contribute to such plan, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <content>which satisfies such other requirements as the Secretary of Labor may by regulations prescribe.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Special rules.</inline>—</heading><chapeau>For purposes of this subsection—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>If a plan is a multiemployer plan within the meaning of paragraph (1) for any plan year, subparagraph (C) of paragraph (1) shall be applied by substituting ‘75 percent’ for ‘50 percent’ for each subsequent plan year until the first plan year following a plan year in which the plan had one employer who made contributions of 75 percent or more of the aggregate amount of contributions made under the plan for that plan year by all employers making such contributions.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>All corporations which are members of a controlled group of corporations (within the meaning of section 1563 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1563">26 USC 1563.</ref></p></sidenote> (a), determined without regard to section 1563(e)(3)(C)) shall be deemed to be one employer.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="g">“(g)</num> <heading><inline class="smallCaps">Plan Administrator.</inline>—</heading><chapeau>For purposes of this part, the term ‘plan administrator’ means—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>the person specifically so designated by the terms of the instrument under which the plan is operated;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <chapeau>in the absence of a designation referred to in paragraph (1)—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>in the case of a plan maintained by a single employer, such employer,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>in the case of a plan maintained by two or more employers or jointly by one or more employers and one or <page identifier="/us/stat/88/928">88 <inline class="smallCaps">Stat.</inline> 928</page> more employee organizations, the association, committee, joint board of trustees, or other similar group of representatives of the parties who maintained the plan, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>in any case to which subparagraph (A) or (B) does not apply, such other person as the Secretary or his delegate may by regulation, prescribe.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="h">“(h)</num> <heading><inline class="smallCaps">Tax Treatment of Certain Contributions.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><chapeau>Effective with respect to taxable years beginning after December 31, 1973, for purposes of this title, any amount contributed—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>to an employees’ trust described in section 401(a), or<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>under a plan described in section 403(a) or 405(a), <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s403/s405">26 USC 403, 405.</ref></p></sidenote> shall not be treated as having been made by the employer if it is designated as an employee contribution.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Designation by units of government.</inline>—</heading><content>For purposes of paragraph (1), in the case of any plan established by the government of any State or political subdivision thereof, or by any agency or instrumentality of any of the foregoing, where the contributions of employing units are designated as employee contributions but where any employing unit picks up the contributions, the contributions so picked up shall be treated as employer contributions.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="i">“(i)</num> <heading><inline class="smallCaps">Defined Contribution Plan.</inline>—</heading><content>For purposes of this part, the term ‘defined contribution plan’ means a plan which provides for an individual account for each participant and for benefits based solely on the amount contributed to the participant’s account, and any income, expenses, gains and losses, and any forfeitures of accounts of other participants which may be allocated to such participant’s account.</content></subsection> <subsection class="indent0 fontsize10"><num value="j">“(j)</num> <heading><inline class="smallCaps">Defined Benefit Plan.</inline>—</heading><content>For purposes of this part, the term ‘defined benefit plan’ means any plan which is not a defined contribution plan.</content></subsection> <subsection class="indent0 fontsize10"><num value="k">“(k)</num> <heading><inline class="smallCaps">Certain Plans.</inline>—</heading><chapeau>A defined benefit plan which provides a benefit derived from employer contributions which is based partly on the balance of the separate account of a participant shall—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>for purposes of section 410 (relating to minimum participation <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 898.</p></sidenote> standards), be treated as a defined contribution plan,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>for purposes of sections 411(a)(7)(A) (relating to minimum <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 901.</p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 979.</p></sidenote> vesting standards) and 415 (relating to limitations on benefits and contributions under qualified plans), be treated as consisting of a defined contribution plan to the extent benefits are based on the separate account of a participant and as a defined benefit plan with respect to the remaining portion of benefits under the plan, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>for purposes of section 4975 (relating to tax on prohibited <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 971.</p></sidenote> transactions), be treated as a defined benefit plan.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="l">“(l)</num> <heading><inline class="smallCaps">Mergers and Consolidations of Plans or Transfers of Plan Assets.</inline>—</heading><content>A trust which forms a part of a plan shall not constitute a qualified trust under section 401 and a plan shall be treated as not described in section 403(a) or 405 unless in the case of any merger or consolidation of the plan with, or in the case of any transfer of assets or liabilities of such plan to, any other trust plan after the date of the enactment of the Employee Retirement Income Security Act of 1974, each participant in the plan would (if the plan then terminated) <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 829.</p></sidenote> receive a benefit immediately after the merger, consolidation, or transfer which is equal to or greater than the benefit he would have been entitled to receive immediately before the merger, consolidation, or transfer (if the plan had then terminated). This paragraph <page identifier="/us/stat/88/929">88 <inline class="smallCaps">Stat.</inline> 929</page> shall apply in the case of a multiemployer plan only to the extent determined by the Pension Benefit Guaranty Corporation.”</content></subsection> </section> </quotedContent> </content> </section> <section class="firstIndent0 fontsize10"><num value="1016">SEC. 1016.</num> <heading>CONFORMING AND CLERICAL AMENDMENTS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a)</num> <heading><inline class="smallCaps">Conforming Amendments.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>Section 275(a) (relating to denial of deduction for certain <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s275">26 USC 275.</ref></p></sidenote> taxes) is amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><num value="6">“(6)</num> <content>Taxes imposed by chapter 42 and chapter 43.”<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s4940">26 USC 4940.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 920.</p></sidenote></content></paragraph> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <chapeau>Section 401(a) (relating to requirements for qualification) <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> is amended—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>by striking out paragraph (3) and inserting in lieu thereof: <quotedContent> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>if the plan of which such trust is a part satisfies the requirements of section 410 (relating to minimum participation <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 898.</p></sidenote> standards); and”,</content></paragraph> </quotedContent> </content> </subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>by striking out “<quotedText>paragraph (3)(B) or (4)</quotedText>” in paragraph (5) and inserting in lieu thereof “<quotedText>paragraph (4) or section 410(b) (without regard to paragraph (1)(A) thereof),</quotedText>” and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>by striking out paragraph (7) and inserting in lieu thereof: <quotedContent> <paragraph class="indent0 fontsize10"><num value="7">“(7)</num> <content>A trust shall not constitute a qualified trust under this section unless the plan of which such trust is a part satisfies the requirements of section 411 (relating to minimum vesting <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 901.</p></sidenote> standards).”</content></paragraph> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>Section 404(a)(2) (relating to deduction for contributions <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s404">26 USC 404.</ref></p></sidenote> of an employer to an employee’s annuity plan) is amended by striking out “<quotedText>and (8),</quotedText>” and inserting in lieu thereof “<quotedText>(8), (11), (12), (13), (14), and (15)”</quotedText>.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>Section 406(b)(1) (relating to certain employees of foreign <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s406">26 USC 406.</ref></p></sidenote> subsidiaries) is amended by striking out “<quotedText>paragraphs (3)(B) and (4) of section 401(a)</quotedText>” and inserting in lieu thereof “<quotedText>section 401(a)(4) and section 410(b) (without regard to paragraph (1)(A) thereof)”</quotedText>.</content> <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 938.</p></sidenote></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>Section 407(b)(1) (relating to certain employees of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s407">26 USC 407.</ref></p></sidenote> domestic subsidiaries engaged in business outside the United States) is amended by striking out “<quotedText>paragraph (3)(B) and (4) of section 401(a)</quotedText>” and inserting in lieu thereof “<quotedText>section 401(a)(4) and section 410(b) (without regard to paragraph (1)(A) thereof)”</quotedText>.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>Section 805(d)(1)(C) (relating to definition of pension <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s805">26 USC 805.</ref></p></sidenote> plan reserves) is amended by striking out “<quotedText>and (8)</quotedText>” and inserting in lieu thereof “<quotedText>(8), (11), (12), (13), (14), and (15)</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>Section 6161(b)(1) (relating to extensions of time for paying <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6161">26 USC 6161.</ref></p></sidenote> tax) is amended by striking out “<quotedText>or 42</quotedText>” and inserting in lieu thereof “<quotedText>42 or 43</quotedText>”. The second sentence of section 6161(b) is amended by striking out “<quotedText>or 42</quotedText>” and inserting in lieu thereof “<quotedText>42, or chapter 43</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <content>Section 6201(d) (relating to assessment authority) is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6201">26 USC 6201.</ref></p></sidenote> amended by striking out “<quotedText>and chapter 42</quotedText>” and inserting in lieu thereof “<quotedText>, chapter 42, and chapter 43</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">(9)</num> <chapeau>Section 6211 (defining deficiency) is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6211">26 USC 6211.</ref></p></sidenote></chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>by striking out so much of subsection (a) as precedes paragraph (1) thereof and inserting in lieu thereof the following: <quotedContent> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <heading><inline class="smallCaps">In General.</inline>—</heading><content>For purposes of this title in the case of income, estate, and gift taxes imposed by subtitles A and B and excise taxes <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1/s2001">26 USC 1, 2001.</ref></p></sidenote> imposed by chapters 42 and 43, the term ‘deficiency’ means the amount <page identifier="/us/stat/88/930">88 <inline class="smallCaps">Stat.</inline> 930</page> by which the tax imposed by subtitle A or B, or chapter 42 or 43, exceeds the excess of—”; and</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1/s2001/s4940">26 USC 1, 2001, 4940.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 920.</p></sidenote></subsection> </quotedContent> </content> </subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>by striking out “<quotedText>chapter 42</quotedText>” in subsection (b)(2) and inserting in lieu thereof “<quotedText>chapter 42 or 43</quotedText>”.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="10">(10)</num> <chapeau>Section 6212 (relating to notice of deficiency) is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6212">26 USC 6212.</ref></p></sidenote></chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>by striking out “<quotedText>chapter 42</quotedText>” in subsection (a) and inserting in lieu thereof “<quotedText>chapter 42 or 43</quotedText>”,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>by striking out “<quotedText>or chapter 42</quotedText>” in subsection (b)(1) and inserting in lieu thereof “<quotedText>chapter 42, or chapter 43</quotedText>”,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>by striking out “<quotedText>chapter 42, and this chapter</quotedText>” in subsection (b)(1) and inserting in lieu thereof “<quotedText>chapter 42, chapter 43, and this chapter</quotedText>”, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>by striking out “<quotedText>of the same decedent,</quotedText>” in subsection (c) and inserting in lieu thereof “<quotedText>of the same decedent, of chapter 43 tax for the same taxable years,</quotedText>”.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="11">(11)</num> <chapeau>Section 6213 (relating to restrictions applicable to deficiencies and petition to Tax Court) is amended—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>by striking out “<quotedText>or chapter 42</quotedText>” in subsection (a) and inserting in lieu thereof “<quotedText>, chapter 42 or 43</quotedText>”,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>by striking out the heading of subsection (e) and inserting in lieu thereof: <quotedContent> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <heading><inline class="smallCaps">Suspension or Filing Period for Certain Excise Taxes.</inline>—”,</heading></subsection> </quotedContent> </content> </subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>by striking out “<quotedText>or 4945 (relating to taxes on taxable expenditures)</quotedText>” in subsection (e) and inserting in lieu thereof “<quotedText>4945 (relating to taxes on taxable expenditures), 4971 <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 920.</p></sidenote> (relating to excise taxes on failure to meet minimum funding standard), 4975 (relating to excise taxes on prohibited transactions)</quotedText>”; and</content><sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 971.</p></sidenote></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>by striking out “<quotedText>or 4945(h)(2)</quotedText>” in subsection (e) and inserting in lieu thereof “<quotedText>, 4945(i)(2), 4971(c)(3), or 4975(f)(4),</quotedText>”.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="12">(12)</num> <chapeau>Section 6214 (relating to determinations by Tax Court) is amended—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>by amending the heading of subsection (c) to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <heading><inline class="smallCaps">Taxes Imposed by Section 507 or Chapter 42 or 43.</inline>—”,</heading></subsection> </quotedContent> </content> </subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>by inserting after “<quotedText>chapter 42</quotedText>” each place it appears in subsection (c) “<quotedText>or 43</quotedText>”; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>by striking out “<quotedText>chapter 42</quotedText>” in subsection (d) and inserting in lieu thereof “<quotedText>chapter 42 or 43</quotedText>”.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="13">(13)</num> <content>Section 6344(a)(1) (relating to cross references) is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6344">26 USC 6344.</ref></p></sidenote> amended by striking out “<quotedText>chapter 42</quotedText>” and inserting in lieu thereof “<quotedText>chapter 42 or 43</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="14">(14)</num> <content>Section 6501(e)(3) (relating to limitations on assessment <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6501">26 USC 6501.</ref></p></sidenote> and collection) is amended by striking out “<quotedText>chapter 42</quotedText>” and inserting in lieu thereof “<quotedText>chapter 42 or 43</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="15">(15)</num> <chapeau>Section 6503 (relating to suspension of running of period <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6503">26 USC 6503.</ref></p></sidenote> of limitations) is amended—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>by striking out “<quotedText>chapter 42 taxes)</quotedText>” in subsection (a)(1) and inserting in lieu thereof “<quotedText>certain excise taxes)</quotedText>”, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>by inserting after “<quotedText>section 507</quotedText>” in subsection (h) “<quotedText>or section 4971 or section 4975</quotedText>”, and by striking out “<quotedText>or 4945(h)(2)</quotedText>” in subsection (h) and inserting in lieu thereof “<quotedText>4945(i)(2), 4971(c)(3), or 4975(f)(4)</quotedText>”.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="16">(16)</num> <content>Section 6512 (relating to limitations in case of petition to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6512">26 USC 6512.</ref></p></sidenote> Tax Court) is amended by striking out “<quotedText>chapter 42</quotedText>” each place it appears therein and inserting in lieu thereof “<quotedText>chapter 42 or 43</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="17">(17)</num> <chapeau>Section 6601(d) (relating to interest on underpayment, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6601">26 USC 6601.</ref></p></sidenote><page identifier="/us/stat/88/931">88 <inline class="smallCaps">Stat.</inline> 931</page> nonpayment, or extensions of time for payment of tax) is amended by—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>striking out in the heading thereof “<quotedText><inline class="smallCaps">Chapter 42</inline></quotedText>” and inserting in lieu thereof “<quotedText><inline class="smallCaps">Chapter 42 or 43</inline></quotedText>”, and<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s4940">26 USC 4940.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 920.</p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>striking out “<quotedText>chapter 42</quotedText>” and inserting in lieu thereof “<quotedText>certain excise</quotedText>”.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="18">(18)</num> <content>Section 6653(c)(1) (relating to income, estate, gift, and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6653">26 USC 6653.</ref></p></sidenote> chapter 42 taxes) is amended by striking out “<quotedText>chapter 42</quotedText>” each place it appears therein (including the heading) and inserting in lieu thereof “<quotedText>certain excise</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="19">(19)</num> <content>Section 6659(b) (relating to applicable rules) is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6659">26 USC 6659.</ref></p></sidenote> by striking out “<quotedText>chapter 42</quotedText>” and inserting in lieu thereof “<quotedText>certain excise</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="20">(20)</num> <content>Section 6676(b) (relating to failure to supply identifying <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6676">26 USC 6676.</ref></p></sidenote> numbers) is amended by striking out “<quotedText>chapter 42</quotedText>” and inserting in lieu thereof “<quotedText>and certain excise</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="21">(21)</num> <content>Section 6677(b) (relating to failure to file information <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6677">26 USC 6677.</ref></p></sidenote> returns with respect to certain foreign trusts) is amended by striking out “<quotedText>chapter 42</quotedText>” and inserting in lieu thereof “<quotedText>and certain excise</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="22">(22)</num> <content>Section 6679(b) (relating to failure to file returns as to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6679">26 USC 6679.</ref></p></sidenote> organization or reorganization of foreign corporations and as to acquisitions of their stock) is amended by striking out “<quotedText>chapter 42</quotedText>” and inserting in lieu thereof “<quotedText>and certain excise</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="23">(23)</num> <content>Section 6682(b) (relating to false information with <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6682">26 USC 6682.</ref></p></sidenote> respect to withholding allowances based on itemized deductions) is amended by striking out “<quotedText>chapter 42</quotedText>” and inserting in lieu thereof “<quotedText>and certain excise</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="24">(24)</num> <content>The heading of section 6861 (relating to jeopardy assessments <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6861">26 USC 6861.</ref></p></sidenote> of income, estate, and gift taxes) is amended by striking out “<quotedText>and gift taxes.</quotedText>”, and inserting in lieu thereof “<quotedText>, gift, and certain excise taxes.</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="25">(25)</num> <chapeau>Section 6862 (relating to jeopardy assessment of taxes <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6862">26 USC 6862.</ref></p></sidenote> other than income, estate, and gift taxes) is amended—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>by striking out “<quotedText>and Gift Taxes.</quotedText>”, in the heading and inserting in lieu thereof “<quotedText>, Gift, and Certain Excise Taxes.</quotedText>”,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>by striking out “<quotedText>and gift tax)</quotedText>” in subsection (a) and inserting in lieu thereof “<quotedText>gift tax, and certain excise taxes)</quotedText>”.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="26">(26)</num> <chapeau>Section 7422 (relating to civil actions for refund) is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s7422">26 USC 7422.</ref></p></sidenote> amended—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>by striking out “<quotedText>chapter 42</quotedText>” and inserting in lieu thereof “<quotedText>chapter 42 or 43</quotedText>” in subsection (e),</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>by striking out “<quotedText><inline class="smallCaps">Chapter 42</inline></quotedText>” in the heading of subsection (g) and inserting in lieu thereof “<quotedText><inline class="smallCaps">Chapter 42 or 43</inline></quotedText>”.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>by striking out “<quotedText>or 4945</quotedText>” in subsection (g)(1) and inserting in lieu thereof “<quotedText>4945, 4971, or 4975</quotedText>”,<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s4945">26 USC 4945.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 920; <i>Post,</i> p. 971.</p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>by striking out “<quotedText>section 4945(a) (relating to initial taxes on taxable expenditures)</quotedText>” in subsection (g)(1) and inserting in lieu thereof “<quotedText>section 4945(a) (relating to initial taxes on taxable expenditures), 4971(a) (relating to initial tax on failure to meet minimum funding standard), 4975(a) (relating to initial tax on prohibited transactions)</quotedText>”,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">(E)</num> <content>by striking out “<quotedText>or section 4945(b) (relating to additional taxes on taxable expenditures)</quotedText>” in subsection (g)(1) and inserting in lieu thereof “<quotedText>section 4945(b) (relating to additional taxes on taxable expenditures), section 4971(b) (relating to additional tax on failure to meet minimum fund-<page identifier="/us/stat/88/932">88 <inline class="smallCaps">Stat.</inline> 932</page>ing standard), or section 4975(b) (relating to additional tax on prohibited transactions)</quotedText>”, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="F">(F)</num> <content>by striking out “<quotedText>or 4945</quotedText>” in paragraphs (2) and (3) of subsection (g) and inserting in lieu thereof “<quotedText>4945, 4971, or 4975</quotedText>”.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s4945">26 USC 4945.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 920; <i>Post,</i> p. 971.</p></sidenote></content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="27">(27)</num> <content>Section 6204(b) (relating to supplemental assessments) is amended by striking out “<quotedText>and gift taxes</quotedText>” and inserting in lieu <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6204">26 USC 6204.</ref></p></sidenote> thereof “<quotedText>gift, and certain excise taxes</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Clerical Amendments.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>Part I of subchapter D of chapter 1 is amended by inserting after the heading and before the table of sections the following: <quotedContent> <toc> <referenceItem role="subpart"><designator>“Subpart A.</designator> <label>General rule.</label></referenceItem> <referenceItem role="subpart"><designator>“Subpart B.</designator> <label>Special rules.</label></referenceItem> </toc> <subpart> <num value="A">“Subpart A—</num><heading>General Rule”.</heading></subpart> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>The table of chapters for subtitle D is amended by adding at the end thereof the following new item: <quotedContent> <toc> <referenceItem role="chapter"><designator>“<inline class="smallCaps">Chapter</inline> 43.</designator> <label>Qualified pension, etc., plans.”</label></referenceItem> </toc> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>The table of sections for subchapter B of chapter 68 is amended by striking out the item relating to the section captioned “<quotedText>Assessable penalties with respect to information required to be furnished under section 7654</quotedText>” and inserting in lieu thereof: <quotedContent> <toc> <referenceItem role="section"><designator>“Sec. 6688.</designator> <label>Assessable penalties with respect to information required to be furnished under section 7654.”</label></referenceItem> </toc> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>Subchapter B of chapter 68 is amended by striking out the heading of the section immediately preceding section 6689 and inserting in lieu thereof: <quotedContent> <section class="firstIndent0 fontsize10"><num value="">“SEC. 6688.</num> <heading>ASSESSABLE PENALTIES WITH RESPECT TO INFORMATION REQUIRED TO BE FURNISHED UNDER SECTION 7654.”</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6688">26 USC 6688.</ref></p></sidenote> </section> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>The table of sections for part II of subchapter A of chapter 70 is amended by striking out <inline class="fontsize8">“<quotedText>and gift taxes</quotedText>”</inline> in the items relating to sections 6861 and 6862 and inserting in lieu thereof <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6861/s6862">26 USC 6861, 6862.</ref></p></sidenote><inline class="fontsize8">“<quotedText>gift, and certain excise taxes</quotedText>”</inline>.</content></paragraph></subsection> </section> <section class="firstIndent0 fontsize10"><num value="1017">SEC. 1017.</num> <heading>EFFECTIVE DATES AND TRANSITIONAL RULES.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s410">26 USC 410</ref> note.</p></sidenote> <subsection class="indent0 fontsize10"><num value="a">(a)</num> <heading><inline class="smallCaps">General Rule.</inline>—</heading><content>Except as otherwise provided in this section, the amendments made by this part shall apply for plan years beginning after the date of the enactment of this Act.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Existing Plans.</inline>—</heading><content>Except as otherwise provided in subsections (c) through (h), in the case of a plan in existence on January 1, 1974, the amendments made by this part shall apply for plan years beginning after December 31, 1975.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <heading><inline class="smallCaps">Existing Plans Under Collective Bargaining Agreements.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <heading><inline class="smallCaps">Application of vesting rules to certain plan provisions.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <heading><inline class="smallCaps">Waiver of application.</inline>—</heading><content>In the case of a plan maintained on January 1, 1974, pursuant to one or more agreements which the Secretary of Labor finds to be collective bargaining agreements between employee representatives and one or more employers, during the special temporary waiver period the plan shall not be treated as not meeting the requirements of section 411(b)(1) or (2) of the Internal Revenue Code of <page identifier="/us/stat/88/933">88 <inline class="smallCaps">Stat.</inline> 933</page> 1954 solely by reason of a supplementary or special plan <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 901.</p></sidenote> provision (within the meaning of subparagraph (D)).</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <heading><inline class="smallCaps">Special temporary waiver period.</inline>—</heading><chapeau>For purposes of this paragraph, the term ‘special temporary waiver period’ means plan years beginning after December 31, 1975, and before the earlier of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act), or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>January 1, 1981.</content></clause> <continuation class="indent0 fontsize10">For purposes of clause (i), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement contained in this Act shall not be treated as a termination of such collective bargaining agreement.</continuation></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <heading><inline class="smallCaps">Determination by secretary of labor required.</inline>—</heading><content>Subparagraph (A) shall not apply unless the Secretary of Labor determines that the participation and vesting rules in effect on the date of the enactment of this Act are not less favorable to the employees, in the aggregate, than the rules provided under sections 410 and 411 of the Internal Revenue Code of 1954.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> pp. 898, 901.</p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <heading><inline class="smallCaps">Supplementary or special plan provisions.</inline>—</heading><chapeau>For purposes of this paragraph, the term “supplementary or special plan provision” means any plan provision which—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>provides supplementary benefits, not in excess of one-third of the basic benefit, in the form of an annuity for the life of the participant, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>provides that, under a contractual agreement based on medical evidence as to the effects of working in an adverse environment for an extended period of time, a participant having 25 years of service is to be treated as having 30 years of service.</content></clause></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <heading><inline class="smallCaps">Application of funding rules.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><content>In the case of a plan maintained on January 1, 1974, pursuant to one or more agreements which the Secretary of Labor finds to be collective bargaining agreements between employee representatives and one or more employers, section 412 of the Internal Revenue Code of 1954, <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 914.</p></sidenote> and other amendments made by this part to the extent such amendments relate to such section 412, shall not apply during the special temporary waiver period (as defined in paragraph (1)(B)).</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <heading><inline class="smallCaps">Waiver of underfunding.</inline>—</heading><content>In the case of a plan maintained on January 1, 1974, pursuant to one or more agreements which the Secretary of Labor finds to be collective bargaining agreements between employee representatives and one or more employers, if by reason of subparagraph (A) the requirements of section 401(a)(7) of the Internal Revenue Code of 1954 apply without regard to the amendment of such <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 929.</p></sidenote> section 401(a)(7) by section 1016(a)(2)(C) of this Act, the plan shall not be treated as not meeting such requirements solely by reason of the application of the amendments made by sections 1011 and 1012 of this Act or related amendments made by this part.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> pp. 898, 901.</p></sidenote></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <heading><inline class="smallCaps">Labor organization conventions.</inline>—</heading><chapeau>In the case of a plan maintained by a labor organization, which is exempt from tax under section 501(c)(5) of the Internal Revenue <page identifier="/us/stat/88/934">88 <inline class="smallCaps">Stat.</inline> 934</page> Code of 1954, exclusively for the benefit of its employees and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 914.</p></sidenote> their beneficiaries, section 412 of such Code and other amendments made by this part to the extent such amendments relate to such section 412, shall be applied by substituting for the term “December 31, 1975” in subsection (b), the earlier of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the date on which the second convention of such labor organization held after the date of the enactment of this Act ends, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>December 31, 1980,</content></clause> <continuation class="indent0 fontsize10">but in no event shall a date earlier than the later of December 31, 1975, or the date determined under subparagraph (A) or (B) be substituted.</continuation></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <heading><inline class="smallCaps">Existing Plans May Elect New Provisions.</inline>—</heading><content>In the case of a plan in existence on January 1, 1974, the provisions of the Internal Revenue Code of 1954 relating to participation, vesting, funding, and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1">26 USC 1</ref> <i>et seq.</i></p></sidenote> form of benefit (as in effect from time to time) shall apply in the case of the plan year (which begins after the date of the enactment of this Act but before the applicable effective date determined under subsection (b) or (c)) selected by the plan administrator and to all subsequent plan years, if the plan administrator elects (in such manner and at such time as the Secretary of the Treasury or his delegate shall by regulations prescribe) to have such provisions so apply. Any election made under this subsection, once made, shall be irrevocable.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <heading><inline class="smallCaps">Certain Definitions and Special Rules.</inline>—</heading><content>Section 414 of the Internal Revenue Code of 1954 (other than subsections (b) and (c) of <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 925.</p></sidenote> such section 414), as added by section 1015(a) of this Act, shall take effect on the date of the enactment of this Act.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <heading><inline class="smallCaps">Transitional Rules With Respect to Breaks in Service.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <heading><inline class="smallCaps">Participation.</inline>—</heading><chapeau>In the case of a plan to which section 410 of the Internal Revenue Code of 1954 applies, if any plan amendment <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 898.</p></sidenote> with respect to breaks in service (which amendment is made or becomes effective after January 1, 1974, and before the date on which such section 410 first becomes effective with respect to such plan) provides that any employee’s participation in the plan would commence at any date later than the later of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the date on which his participation would commence under the break in service rules of section 410(a)(5) of such Code, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the date on which his participation would commence under the plan as in effect on January 1, 1974,</content></subparagraph> <continuation class="indent0 fontsize10">such plan shall not constitute a plan described in section 403(a) or 405(a) of such Code and a trust forming a part of such plan <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s403/s405">26 USC 403, 405.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> shall not constitute a qualified trust under section 401(a) of such Code.</continuation></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <heading><inline class="smallCaps">Vesting.</inline>—</heading><chapeau>In the case of a plan to which section 411 of the Internal Revenue Code of 1954 applies, if any plan amendment <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 901.</p></sidenote> with respect to breaks in service (which amendment is made or becomes effective after January 1, 1974, and before the date on which such section 411 first becomes effective with respect to such plan) provides that the nonforfeitable benefit derived from employer contributions to which any employee would be entitled is less than the lesser of the nonforfeitable benefit derived from employer contributions to which he would be entitled under—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the break in service rules of section 411(a)(6) of such Code, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the plan as in effect on January 1, 1974,</content></subparagraph> <continuation class="indent0 fontsize10">such plan shall not constitute a plan described in section 403(a) or 405(a) of such Code and a trust forming a part of such plan shall not constitute a qualified trust under section 401(a) of such Code. Subparagraph (B) shall not apply if the break in service rules under the plan would have been in violation of any law or rule of law in effect on January 1, 1974.</continuation></paragraph></subsection> <page identifier="/us/stat/88/935">88 <inline class="smallCaps">Stat.</inline> 935</page> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <heading><inline class="smallCaps">3-Year Delay for Certain Provisions.</inline>—</heading><content>Subparagraphs (B) and (C) of section 404(a)(1) shall apply only in the case of plan years <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 921.</p></sidenote> beginning on or after 3 years after the date of the enactment of this Act.</content></subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Except as provided in paragraph (2), section 413 of the <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 924.</p></sidenote> Internal Revenue Code of 1954 shall apply to plan years beginning after December 31, 1953.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">For plan years beginning before the applicable effective date of section 410 of such Code, the provisions of paragraphs (1) <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 898.</p></sidenote> and (8) of subsection (b) of such section 413 shall be applied by substituting “401(a)(3)” for “410”.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>For plan years beginning before the applicable effective date of section 411 of such Code, the provisions of subsection (b)(2) of <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 901.</p></sidenote> such section 413 shall be applied by substituting “401(a)(7)” for “411(d)(3)”.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num><clause class="inline"><num value="i">(i)</num> <content class="inline">The provisions of subsection (b)(4) of such section 413 shall not apply to plan years beginning before the applicable effective date of section 411 of such Code.</content></clause> <clause class="indent0 fontsize10"><num value="ii">(ii)</num> <content>The provisions of subsection (b)(5) (other than the second sentence thereof) of such section 413 shall not apply to plan years beginning before the applicable effective date of section 412 of such Code.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 914.</p></sidenote></content></clause></subparagraph></paragraph></subsection> </section> </part> <part> <num value="2">PART 2—</num><heading>CERTAIN OTHER PROVISIONS RELATING TO QUALIFIED RETIREMENT PLANS</heading> <section class="firstIndent0 fontsize10"><num value="1021">SEC. 1021.</num> <heading>ADDITIONAL PLAN REQUIREMENTS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a)</num> <heading><inline class="smallCaps">Joint and Survivor Annuity Requirement.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><content>Effective with respect to plan years beginning <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> after December 31, 1975, section 401(a) (relating to requirements for qualification) is amended by inserting after paragraph (10) the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><num value="11">“(11)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">A trust shall not constitute a qualified trust under this section if the plan of which such trust is a part provides for the payment of benefits in the form of an annuity unless such plan provides for the payment of annuity benefits in a form having the effect of a qualified joint and survivor annuity.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <chapeau>Notwithstanding the provisions of subparagraph (A), in the case of a plan which provides for the payment of benefits before the normal retirement age (as defined in section 411(a)(8)), the plan is not required to provide for the payment of annuity benefits in a form having the effect of a qualified joint and survivor annuity during the period beginning on the date on which the employee enters into the plan as a participant and ending on the later of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the date the employee reaches the earliest retirement age under the plan, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the first day of the 120th month beginning before the date on which the employee reaches normal retirement age.</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">“(C)</num> <content>A plan described in subparagraph (B) does not meet the requirements of subparagraph (A) unless, under the plan, a participant has a reasonable period during which he may elect the qualified joint and survivor annuity form with respect to the period beginning on the date on which the period described in subparagraph (B) ends and ending on the date on which he reaches normal retirement age (as defined in section 411(a)(8)) if he continues his employment during that period. A plan does not meet the requirements of this subparagraph unless, in the case of such an election, the payments under the survivor annuity are not less than the payments which would have been made under the <page identifier="/us/stat/88/936">88 <inline class="smallCaps">Stat.</inline> 936</page> joint annuity to which the participant would have been entitled if he made an election described in this subparagraph immediately prior to his retirement and if his retirement had occurred on the day before his death and within the period within which an election can be made.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="D">“(D)</num> <content>A plan shall not be treated as not satisfying the requirements of this paragraph solely because the spouse of the participant is not entitled to receive a survivor annuity (whether or not an election described in subparagraph (C)) has been made under subparagraph (C)) unless the participant and his spouse have been married throughout the 1-year period ending on the date of such participant’s death.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="E">“(E)</num> <content>A plan shall not be treated as satisfying the requirements of this paragraph unless, under the plan, each participant has a reasonable period (as described by the Secretary or his delegate by regulations) before the annuity starting date during which he may elect in writing (after having received a written explanation of the terms and conditions of the joint and survivor annuity and the effect of an election under this subparagraph) not to take such joint and survivor annuity.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="F">“(F)</num> <chapeau>A plan shall not be treated as not satisfying the requirements of this paragraph solely because under the plan there is a provision that any election described in subparagraph (C) or (E), and any revocation of any such election, does not become effective (or ceases to be effective) if the participant dies within a period (not in excess of 2 years) beginning on the date of such election or revocation, as the case may be. The preceding sentence does not apply unless the plan provision described in the preceding sentence also provides that such an election or revocation will be given effect in any case in which—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the participant dies from accidental causes,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>a failure to give effect to the election or revocation would deprive the participant’s survivor of a survivor annuity, and</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>such election or revocation is made before such accident occurred.</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="G">“(G)</num> <chapeau>For purposes of this paragraph—<sidenote><p class="indent0 firstIndent1 fontsize8">Definitions.</p></sidenote></chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the term ‘annuity starting date’ means the first day of the first period for which an amount is received as an annuity (whether by reason of retirement or by reason of disability),</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the term ‘earliest retirement age’ means the earliest date on which, under the plan, the participant could elect to receive retirement benefits, and</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>the term ‘qualified joint and survivor annuity’ means an annuity for the life of the participant with a survivor annuity for the life of his spouse which is not less than one-half of, or greater than, the amount of the annuity payable during the joint lives of the participant and his spouse and which is the actuarial equivalent of a single life annuity for the life of the participant.</content></clause> <continuation class="indent0 fontsize10">For purposes of this paragraph, a plan may take into account in any equitable manner (as determined by the Secretary or his delegate) any increased costs resulting from providing joint and survivor annuity benefits.</continuation></subparagraph> <subparagraph class="indent0 fontsize10"><num value="H">“(H)</num> <chapeau>This paragraph shall apply only if—</chapeau> <page identifier="/us/stat/88/937">88 <inline class="smallCaps">Stat.</inline> 937</page> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the annuity starting date did not occur before the effective date of this paragraph, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the participant was an active participant in the plan on or after such effective date.”</content></clause></subparagraph></paragraph> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <heading><inline class="smallCaps">Certain additional requirements apply only to plans to which vesting requirements apply.</inline>—</heading><content>Section 401(a) (relating <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> to requirements for qualification) is amended by adding at the end thereof the following new sentence: “<quotedText>Paragraphs (11), (12), (13), (14), (15), and (19) shall apply only in the case of a plan to which section 411 (relating to minimum vesting standards) <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 901.</p></sidenote> applies without regard to subsection (e)(2) of such section.</quotedText>”</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Requirements in Case of Mergers and Consolidations of Plans or Transfers of Plan Assets.</inline>—</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 935.</p></sidenote><content>Effective with respect to plan years beginning after December 31, 1975, section 401(a) is amended by inserting after paragraph (11) the following new paragraph: <quotedContent> <paragraph class="indentUp1 fontsize10"><num value="12">“(12)</num> <content>A trust shall not constitute a qualified trust under this section unless the plan of which such trust is a part provides that in the case of any merger or consolidation with, or transfer of assets or liabilities to, any other plan after the date of the enactment of the Employee Retirement Income Security Act of 1974, each <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 829.</p></sidenote> participant in the plan would (if the plan then terminated) receive a benefit immediately after the merger, consolidation, or transfer which is equal to or greater than the benefit he would have been entitled to receive immediately before the merger, consolidation, or transfer (if the plan had then terminated). This paragraph shall apply in the case of a multiemployer plan only to the extent determined by the Pension Benefit Guaranty Corporation.”</content></paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <heading><inline class="smallCaps">Retirement Benefits May Not Be Assigned or Alienated.</inline>—</heading><content>Section 401(a) is amended by inserting after paragraph (12) the following <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Supra.</i></p></sidenote> new paragraph: <quotedContent> <paragraph class="indentUp1 fontsize10"><num value="13">“(13)</num> <content>A trust shall not constitute a qualified trust under this section unless the plan of which such trust is a part provides that benefits provided under the plan may not be assigned or alienated. For purposes of the preceding sentence, there shall not be taken into account any voluntary and revocable assignment of not to exceed 10 percent of any benefit payment made by any participant who is receiving benefits under the plan unless the assignment or alienation is made for purposes of defraying plan administration costs. For purposes of this paragraph a loan made to a participant or beneficiary shall not be treated as an assignment or alienation if such loan is secured by the participant’s accrued nonforfeitable benefit and is exempt from the tax imposed by section 4975 (relating <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 971.</p></sidenote> to tax on prohibited transactions) by reason of section 4975 (d)(1). This paragraph shall take effect on January 1, 1976 and shall not apply to assignments which were irrevocable on the date of the enactment of the Employee Retirement Income Security Act of 1974.”</content></paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <heading><inline class="smallCaps">Requirement That Payment of Benefits Begin Not Later Than When the Participant Attains Age 65 or Has Completed 10 Years of Participation.</inline>—</heading><content>Section 401(a) is amended by inserting after paragraph (13) the following new paragraph:<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Supra.</i></p></sidenote> <quotedContent> <paragraph class="indentUp1 fontsize10"><num value="14">“(14)</num> <chapeau>A trust shall not constitute a qualified trust under this section unless the plan of which such trust is a part provides that, unless the participant otherwise elects, the payment of benefits under the plan to the participant will begin not later than the 60th day after the latest of the close of the plan year in which—</chapeau><page identifier="/us/stat/88/938">88 <inline class="smallCaps">Stat.</inline> 938</page> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the date on which the participant attains the earlier of age 65 or the normal retirement age specified under the plan,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>occurs the 10th anniversary of the year in which the participant commenced participation in the plan, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>the participant terminates his service with the employer.</content></subparagraph> <continuation class="indent0 fontsize10">In the case of a plan which provides for the payment of an early retirement benefit, a trust forming a part of such plan shall not constitute a qualified trust under this section unless a participant who satisfied the service requirements for such early retirement benefit, but separated from the service (with any nonforfeitable right to an accrued benefit) before satisfying the age requirement for such early retirement benefit, is entitled upon satisfaction of such age requirement to receive a benefit not less than the benefit to which he would be entitled at the normal retirement age, actuarially, reduced under regulations prescribed by the Secretary or his delegate.”</continuation></paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <heading><inline class="smallCaps">Requirement That Plan Benefits Are Not Decreased by Certain Social Security Increases.</inline>—</heading><content>Section 401(a) is amended by inserting after paragraph (14) the following new paragraph:<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 937.</p></sidenote> <quotedContent> <paragraph class="indentUp1 fontsize10"><num value="15">“(15)</num> <chapeau>a trust shall not constitute a qualified trust under this section unless under the plan of which such trust is a part—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>in the case of a participant or beneficiary who is receiving benefits under such plan, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>in the case of a participant who is separated from the service and who has nonforfeitable rights to benefits,</content></subparagraph> <continuation class="indent0 fontsize10">such benefits are not decreased by reason of any increase in the benefit levels payable under title II of the Social Security Act or <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401.</ref></p></sidenote> any increase in the wage base under such title II, if such increase takes place after the date of the enactment of the Employee Retirement Income Security Act of 1974 or (if later) the earlier of the date of first receipt of such benefits or the date of such separation, as the case may be.”</continuation></paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <heading><inline class="smallCaps">Requirement of Nonforfeitability in Case of Certain Withdrawals.</inline>—</heading><content>Section 401(a) is amended by inserting after paragraph (18) the following new paragraph:<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 953.</p></sidenote> <quotedContent> <paragraph class="indentUp1 fontsize10"><num value="19">“(19)</num> <content>A trust shall not constitute a qualified trust under this section if under the plan of which such trust is a part any part of a participant’s accrued benefit derived from employer contributions (whether or not otherwise nonforfeitable), is forfeitable solely because of withdrawal by such participant of any amount attributable to the benefit derived from contributions made by such participant. The preceding sentence shall not apply to the accrued benefit of any participant unless, at the time of such withdrawal, such participant has a nonforfeitable right to at least 50 percent of such accrued benefit (as determined under section 411). The first sentence of this paragraph shall not apply to the extent that an accrued benefit is permitted to be forfeited in accordance with section 411(a)(3)(D)(iii) (relating to proportional forfeitures <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 901.</p></sidenote> of benefits accrued before enactment of the Employee Retirement Income Security Act of 1974, in the event of withdrawal of certain mandatory contributions).”</content></paragraph> </quotedContent> </content> </subsection> </section> <section class="firstIndent0 fontsize10"><num value="1022">SEC. 1022.</num> <heading>MISCELLANEOUS PROVISIONS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a)</num> <heading><inline class="smallCaps">Requirement That Plan Not Be Discriminatory.</inline>—</heading><content>Section 401(a)(4) (disqualifying discriminatory plans) is amended to read <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> as follows:<page identifier="/us/stat/88/939">88 <inline class="smallCaps">Stat.</inline> 939</page> <quotedContent> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <chapeau>If the contributions or the benefits provided under the plan do not discriminate in favor of employees who are—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>officers,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>shareholders, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>highly compensated.</content></subparagraph> <continuation class="indent0 fontsize10">For purposes of this paragraph, there shall be excluded from consideration employees described in section 410(b)(2)(A) and <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 898.</p></sidenote> (C).”</continuation></paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Amendments Relating to Self-Employed Individuals and Owner-Employees.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <heading><inline class="smallCaps">Amendment of section</inline> (401)(a)(10).—</heading><content>So much of subparagraph (A) of section 401(a)(10) as precedes clause (i) <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> thereof is amended to read as follows: <quotedContent> <subparagraph class="indent0 fontsize10"><num value="A">“(A)</num> <content>paragraph (3), the first and second sentences of paragraph (5), and section 410 shall not apply, but—”.</content></subparagraph> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <heading><inline class="smallCaps">Amendment of section</inline> (401)(d)(3).—</heading><content>Section 401(d)(3) (relating to additional requirements for qualification of trusts and and plans benefiting owner-employees) is amended to read as follows: <quotedContent> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">The plan benefits each employee having 3 or more years of service (within the meaning of section 410(a)(3)).</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <chapeau>For purposes of subparagraph (A), the term ‘employee’ does not include—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>any employee included in a unit of employees covered by a collective-bargaining agreement described in section 410(b)(2)(A), and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>any employee who is a nonresident alien individual described in section 410(b)(2)(C).”</content></clause></subparagraph></paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <heading><inline class="smallCaps">Persons Other Than Banks May Be Trustees of Trusts Benefitting Owner-Employees.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>The first sentence of section 401(d)(1) is amended to read as follows: “<quotedText>In the case of a trust which is created on or after October 10, 1962, or which was created before such date but is not exempt from tax under section 501(a) as an organization <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> described in subsection (a) on the day before such date, the assets thereof are held by a bank or other person who demonstrates to the satisfaction of the Secretary or his delegate that the manner in which he will administer the trust will be consistent with the requirements of this section. A trust shall not be disqualified under this paragraph merely because a person (including the employer) other than the trustee or custodian so administering the trust may be granted, under the trust instrument, the power to control the investment of the trust funds either by directing investments (including reinvestments, disposals, and exchanges) or by disapproving proposed investments (including reinvestments, disposals, or exchanges).</quotedText>”</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>The second sentence of section 401(d)(1) is amended by striking out “<quotedText>the date of the enactment of this subsection</quotedText>” and inserting in lieu thereof “<quotedText>October 10, 1962,</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <heading><inline class="smallCaps">Certain Custodial Accounts.</inline>—</heading><content>Effective as of January 1, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401</ref> note.</p></sidenote> 1974, subsection (f) of section 401 (relating to certain custodial accounts) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <heading><inline class="smallCaps">Certain Custodial Accounts and Annuity Contracts.</inline>—</heading><chapeau>For purposes of this title, a custodial account or an annuity contract shall be treated as a qualified trust under this section if—</chapeau><page identifier="/us/stat/88/940">88 <inline class="smallCaps">Stat.</inline> 940</page> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>the custodial account or annuity contract would, except for the fact that it is not a trust, constitute a qualified trust under this section, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>in the case of a custodial account the assets thereof are held by a bank (as defined in subsection (d)(1)) or another person who demonstrates, to the satisfaction of the Secretary or his delegate, that the manner in which he will hold the assets will be consistent with the requirements of this section.</content></paragraph> <continuation class="indent0 fontsize10">For purposes of this title, in the case of a custodial account or annuity contract treated as a qualified trust under this section by reason of this subsection, the person holding the assets of such account or holding such contract shall be treated as the trustee thereof.”</continuation></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <heading><inline class="smallCaps">Custodial Accounts for Regulated Investment Company Stock.</inline>—</heading><content>Effective as of January 1, 1974, section 408(b) (relating to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s403">26 USC 403</ref> and note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> taxability of beneficiary under annuity purchased by section 501(c)(3) organization or public school) is amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indentUp1 fontsize10"><num value="7">“(7)</num> <heading><inline class="smallCaps">Custodial accounts for regulated investment company stock.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">Amounts paid treated as contributions.</inline>—</heading><content>For purposes of this title, amounts paid by an employer described in paragraph (1)(A) to a custodial account which satisfies the requirements of section 401(f)(2) shall be treated as <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 939.</p></sidenote> amounts contributed by him for an annuity contract for his employee if the amounts are paid to provide a retirement benefit for that employee and are to be invested in regulated investment company stock to be held in that custodial account.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Account treated as plan.</inline>—</heading><content>For purposes of this title, a custodial account which satisfies the requirements of section 401(f)(2) shall be treated as an organization described in section 401(a) solely for purposes of subchapter F and subtitle F with respect to amounts received by it (and income from investment thereof).</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <heading><inline class="smallCaps">Regulated investment company.</inline>—</heading><content>For purposes of this paragraph, the term ‘regulated investment company’ means a domestic corporation which is a regulated investment company within the meaning of section 851(a), and which <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s851">26 USC 851.</ref></p></sidenote> issues only redeemable stock.”</content></subparagraph></paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <heading><inline class="smallCaps">Insured Credit Unions.</inline>—</heading><content>Effective as of January 1, 1974, the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401</ref> and note.</p></sidenote> last sentence of section 401(d)(1) is amended by striking out “<quotedText>section 581,</quotedText>” and inserting in lieu thereof “<quotedText>section 581, an insured credit union (within the meaning of section 101(6) of the Federal Credit Union Act),</quotedText>”.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1752">12 USC 1752.</ref></p></sidenote></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <heading><inline class="smallCaps">Public Inspection of Certain Information With Respect to Pension, Profit-Sharing, and Stock Bonus Plans.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <heading><inline class="smallCaps">Amendment of section</inline> 6104(a).—</heading><chapeau>Paragraph (1) of section 6104(a) (relating to public inspection of applications for <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6104">26 USC 6104.</ref></p></sidenote> tax exemption) is amended—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>by redesignating subparagraph (B) as subparagraph (D) and by inserting after subparagraph (A) the following new subparagraphs: <quotedContent> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Pension, etc., plans.</inline>—</heading><chapeau>The following shall be open to public inspection at such times and in such places as the Secretary or his delegate may prescribe:</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>any application filed with respect to the qualification of a pension, profit-sharing, or stock bonus plan <page identifier="/us/stat/88/941">88 <inline class="smallCaps">Stat.</inline> 941</page> under section 401(a), 403(a), or 405(a), an individual <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401/s403/s405">26 USC 401, 403, 405.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s408">26 USC 408.</ref></p></sidenote> retirement account described in section 408(a), or an individual retirement annuity described in section 408 (b),</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>any application filed with respect to the exemption from tax under section 501(a) of an organization <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> forming part of a plan or account referred to in clause (i),</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>any papers submitted in support of an application referred to in clause (i) or (ii), and</content></clause> <clause class="indentUp1 fontsize10"><num value="iv">“(iv)</num> <content>any letter or other document issued by the Internal Revenue Service and dealing with the qualification referred to in clause (i) or the exemption from tax referred to in clause (ii).</content></clause> <continuation class="indent0 fontsize10">Except in the case of a plan participant, this subparagraph shall not apply to any plan referred to in clause (i) having not more than 25 participants.</continuation></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <heading><inline class="smallCaps">Certain names and compensation not to be opened to public inspection.</inline>—</heading><content>In the case of any application, document, or other papers, referred to in subparagraph (B), information from which the compensation (including deferred compensation) of any individual may be ascertained shall not be open to public inspection under subparagraph (B).”</content></subparagraph> </quotedContent> </content> </subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>The heading of subparagraph (A) of section 6104(a)(1) <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6104">26 USC 6104.</ref></p></sidenote> is amended to read as follows: <quotedContent> <subparagraph class="indent0 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">Organizations described in section 501.</inline>—”.</heading></subparagraph> </quotedContent> </content> </subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>The heading of subparagraph (D) of section 6104(a) (1) as redesignated by subparagraph (A) of this paragraph is amended to read as follows: <quotedContent> <subparagraph class="indent0 fontsize10"><num value="D">“(D)</num> <heading><inline class="smallCaps">Withholding of certain other information.</inline>—”.</heading></subparagraph> </quotedContent> </content> </subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>Subparagraph (D) of section 6104(a)(1) (as so redesignated) is amended by striking out “<quotedText>subparagraph (A)</quotedText>” each place it appears and inserting in lieu thereof “<quotedText>subparagraph (A) or (B)</quotedText>”.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <heading><inline class="smallCaps">Amendment of section</inline> 6104(a)(2).—</heading><content>Subparagraph (A) of section 6104(a)(2) is amended by adding at the end thereof “<quotedText>any application referred to in subparagraph (B) of subsection (a)(1) of this section, and</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <heading><inline class="smallCaps">Amendment of section</inline> 6104(b).—</heading><content>Section 6104(b) (relating to inspection of annual information returns) is amended by striking out “<quotedText>and 6056</quotedText>” and inserting in lieu thereof “<quotedText>6056, and 6058</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <heading><inline class="smallCaps">Effective date.</inline>—</heading><content>The amendments made by this subsection <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6104">26 USC 6104</ref> note.</p></sidenote> shall apply to applications filed (or documents issued) after the date of enactment of this Act.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num> <heading><inline class="smallCaps">Publicity of Returns.</inline>—</heading><content>Effective on the date of the enactment <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6103">26 USC 6103</ref> and note.</p></sidenote> of this Act, section 6103 (relating to publicity of returns and disclosure of information as to persons filing income tax returns) is amended by adding at the end thereof a new subsection (g) to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="g">“(g)</num> <heading><inline class="smallCaps">Disclosure of Information With Respect to Deferred Compensation Plans.</inline>—</heading><chapeau>The Secretary or his delegate is authorized to furnish—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>returns with respect to any tax imposed by this title or information with respect to such returns to the proper officers and employees of the Department of Labor and the Pension Benefit <page identifier="/us/stat/88/942">88 <inline class="smallCaps">Stat.</inline> 942</page> Guaranty Corporation for purposes of administration of Titles I and IV of the Employee Retirement Income Security Act of <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 832.</p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1003.</p></sidenote> 1974, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>registration statements (as described in section 6057) and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6057">26 USC 6057.</ref></p></sidenote> information with respect to such statements to the proper officers and employees of the Department of Health, Education, and Welfare for purposes of administration of section 1131 of the Social Security Act.”</content><sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 947.</p></sidenote></paragraph></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="i">(i)</num> <heading><inline class="smallCaps">Certain Puerto Rican Pension, Etc., Plans To Be Exempt From Tax Under Section</inline> 501(a).—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <heading><inline class="smallCaps">General rule.</inline>—</heading><chapeau>Effective for taxable years beginning after <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501</ref> and note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> December 31, 1973, for purposes of section 501(a) of the Internal Revenue Code of 1954 (relating to exemption from tax), any trust forming part of a pension, profit-sharing, or stock bonus plan all of the participants of which are residents of the Commonwealth of Puerto Rico shall be treated as an organization described in section 401(a) of such Code if such trust—</chapeau><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>forms part of a pension, profit-sharing, or stock bonus plan, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>is exempt from income tax under the laws of the Commonwealth of Puerto Rico.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <heading><inline class="smallCaps">Election to have provisions of, and amendments made by, title ii of this act apply.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>If the administrator of a pension, profit-sharing, or stock bonus plan which is created or organized in Puerto Rico elects, at such time and in such manner as the Secretary of the Treasury may require, to have the provisions of this paragraph apply, for plan years beginning after the date of election any trust forming a part of such plan shall be treated as a trust created or organized in the United States for purposes of section 401(a) of the Internal Revenue Code of 1954.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>An election under subparagraph (A), once made, is irrevocable.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>This paragraph applies to plan years beginning after the date of enactment of this Act.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>The source of any distributions made under a plan which makes an election under this paragraph to participants and beneficiaries residing outside of the United States shall be determined, for purposes of subchapter N of chapter 1 of the Internal Revenue Code of 1954, by the Secretary of the Treasury in accordance with regulations prescribed by him. For purposes of this subparagraph the United States means the United States as defined in section 7701(a)(9) of the Internal Revenue Code of 1954.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s7701">26 USC 7701.</ref></p></sidenote></content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="j">(j)</num> <heading><inline class="smallCaps">Year of Deduction for Certain Employer Contributions for Severance Payments Required by Foreign Law.</inline>—</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s404">26 USC 404</ref> note.</p></sidenote><chapeau>Effective for taxable years beginning after December 31, 1973, if—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>an employer is engaged in a trade or business in a foreign country,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>such employer is required by the laws of that country to make payments, based on periods of service, to its employees or their beneficiaries after the employees’ retirement, death, or other separation from the service, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>such employer establishes a trust (whether organized <page identifier="/us/stat/88/943">88 <inline class="smallCaps">Stat.</inline> 943</page> within or outside the United States) for the purpose of funding the payments required by such law,</content></paragraph> <continuation class="indent0 fontsize10">then, in determining for purposes of paragraph (5) of section 404(a) of the Internal Revenue Code of 1954 the taxable year in which any <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s404">26 USC 404.</ref></p></sidenote> contribution to or under the plan is includible in the gross income of the nonresident alien employees of such employer, such paragraph (5) shall be treated as not requiring that separate accounts be maintained for such nonresident alien employees.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="k">(k)</num> <heading><inline class="smallCaps">Receipts for Employees.</inline>—</heading><content>Section 6051 (relating to receipts <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6051">26 USC 6051.</ref></p></sidenote> for employees) is amended by inserting after “<quotedText>exemption,</quotedText>” in subsection (a) the following: “<quotedText>or every employer engaged in a trade or business who pays remuneration for services performed by an employee, including the cash value of such remuneration paid in any medium other than cash,</quotedText>”.</content></subsection> </section> <section class="firstIndent0 fontsize10"><num value="1023">SEC. 1023.</num> <heading>RETROACTIVE CHANGES IN PLAN.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> <content>Section 401(b) (relating to certain retroactive changes in plan) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <heading><inline class="smallCaps">Certain Retroactive Changes in Plan.</inline>—</heading><content>A stock bonus, pension, profit-sharing, or annuity plan shall be considered as satisfying the requirements of subsection (a) for the period beginning with the date on which it was put into effect, or for the period beginning with the earlier of the date on which there was adopted or put into effect any amendment which caused the plan to fail to satisfy such requirements, and ending with the time prescribed by law for filing the return of the employer for his taxable year in which such plan or amendment was adopted (including extensions thereof) or such later time as the Secretary or his delegate may designate, if all provisions of the plan which are necessary to satisfy such requirements are in effect by the end of such period and have been made effective for all purposes for the whole of such period.”</content></subsection> </quotedContent> </content> </section> <section class="firstIndent0 fontsize10"><num value="1024">SEC. 1024.</num> <heading>EFFECTIVE DATES.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401</ref> note.</p></sidenote> <content>Except as otherwise provided in section 1021, the amendments made by section 1021 shall apply to plan years to which part I applies. Except as otherwise provided in section 1022, the amendments made by section 1022 shall apply to plan years to which part I applies. Section 1023 shall take effect on the date of the enactment of this Act.</content></section></part> <part><num value="3">PART 3—</num><heading>REGISTRATION AND INFORMATION</heading> <section class="firstIndent0 fontsize10"><num value="1031">SEC. 1031.</num> <heading>REGISTRATION AND INFORMATION.</heading> <subsection class="indent0 fontsize10"><num value="a">(a)</num> <heading><inline class="smallCaps">Annual Registration and Information Returns.</inline>—</heading><content>Part III of subchapter A of chapter 61 (relating to information returns) is amended by adding at the end thereof the following new subpart: <quotedContent> <subpart><num value="E">“SUBPART E—</num><heading>REGISTRATION OF AND INFORMATION CONCERNING PENSION, ETC., PLANS</heading> <toc> <referenceItem role="section"><designator>“Sec. 6057.</designator> <label>Annual registration, etc.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 6058.</designator> <label>Information required in connection with certain plans of deferred compensation.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 6059.</designator> <label>Periodic report by actuary.</label></referenceItem> </toc> <section class="firstIndent0 fontsize10"><num value="6057">“SEC. 6057.</num> <heading>ANNUAL REGISTRATION, ETC.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6057">26 USC 6057.</ref></p></sidenote> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <heading><inline class="smallCaps">Annual Registration.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">General Rule.</inline>—</heading><content>Within such period after the end of a plan year as the Secretary or his delegate may by regulations prescribe, the plan administrator (within the meaning of section 414(g)) of each plan to which the vesting standards of section 203 <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 925.</p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 854.</p></sidenote> of part 2 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 applies for such plan year shall file a registration statement with the Secretary or his delegate.</content></paragraph> <page identifier="/us/stat/88/944">88 <inline class="smallCaps">Stat.</inline> 944</page> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Contents.</inline>—</heading><chapeau>The registration statement required by paragraph (1) shall set forth—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the name of the plan,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the name and address of the plan administrator,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <chapeau>the name and taxpayer identifying number of each participant in the plan—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>who, during such plan year, separated from the service covered by the plan,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>who is entitled to a deferred vested benefit under the plan as of the end of such plan year, and</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>with respect to whom retirement benefits were not paid under the plan during such plan year,</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>the nature, amount, and form of the deferred vested benefit to which such participant is entitled, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <content>such other information as the Secretary or his delegate may require.</content></subparagraph> <continuation class="indent0 fontsize10">At the time he files the registration statement under this subsection, the plan administrator shall furnish evidence satisfactory to the Secretary or his delegate that he has complied with the requirement contained in subsection (e).</continuation></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <heading><inline class="smallCaps">Notification of Change in Status.</inline>—</heading><chapeau>Any plan administrator required to register under subsection (a) shall also notify the Secretary or his delegate, at such time as may be prescribed by regulations, of—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>any change in the name of the plan,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>any change in the name or address of the plan administrator,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>the termination of the plan, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>the merger or consolidation of the plan with any other plan or its division into two or more plans.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <heading><inline class="smallCaps">Voluntary Reports.</inline>—</heading><chapeau>To the extent provided in regulations prescribed by the Secretary or his delegate, the Secretary or his delegate may receive from—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>any plan to which subsection (a) applies, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>any other plan (including any governmental plan or church plan (within the meaning of section 414)),<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 925.</p></sidenote></content></paragraph> <continuation class="indent0 fontsize10">such information (including information relating to plan years beginning before January 1, 1974) as the plan administrator may wish to file with respect to the deferred vested benefit rights of any participant separated from the service covered by the plan during any plan year.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <heading><inline class="smallCaps">Transmission of Information to Secretary of Health, Education, and Welfare.</inline>—</heading><content>The Secretary or his delegate shall transmit copies of any statements, notifications, reports, or other information obtained by him under this section to the Secretary of Health, Education, and Welfare.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <heading><inline class="smallCaps">Individual Statement to Participant.</inline>—</heading><content>Each plan administrator required to file a registration statement under subsection (a) shall, before the expiration of the time prescribed for the filing of such registration statement, also furnish to each participant described in subsection (a)(2)(C) an individual statement setting forth the information with respect to such participant required to be contained in such registration statement.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <heading><inline class="smallCaps">Regulations.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><content>The Secretary, after consultation with the Secretary of Health, Education, and Welfare, may prescribe such regulations as may be necessary to carry out the provisions of this section.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Plans to which more than one employer contributes.</inline>—</heading><content>This section shall apply to any plan to which more than one <page identifier="/us/stat/88/945">88 <inline class="smallCaps">Stat.</inline> 945</page> employer is required to contribute only to the extent provided in regulations prescribed under this subsection.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="g">“(g)</num> <heading><inline class="smallCaps">Cross References.</inline>—</heading> <content><list> <listItem class="indentUp2 fontsize8"><listContent class="indentUp1"><b>“For provisions relating to penalties for failure to register or furnish statements required by this section, see section 6652(e) and section 6690.</b></listContent></listItem> <listItem class="indentUp2 fontsize8"><listContent class="indentUp1"><b>“For coordination between Department of the Treasury and the Department of Labor with regard to administration of this section, see section 3004 of the Employee Retirement Income Security Act of 1974.</b></listContent></listItem> </list></content></subsection></section> <section class="firstIndent0 fontsize10"><num value="6058">“SEC. 6058.</num> <heading>INFORMATION REQUIRED IN CONNECTION WITH CERTAIN PLANS OF DEFERRED COMPENSATION.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6058">26 USC 6058.</ref></p></sidenote> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <heading><inline class="smallCaps">In General.</inline>—</heading><content>Every employer who maintains a pension, annuity, stock bonus, profit-sharing, or other funded plan of deferred compensation described in part I of subchapter D of chapter 1, or the plan <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 925.</p></sidenote> administrator (within the meaning of section 414(g)) of the plan, shall file an annual return stating such information as the Secretary or his delegate may by regulations prescribe with respect to the qualification, financial condition, and operations of the plan; except that, in the discretion of the Secretary or his delegate, the employer may be relieved from stating in its return any information which is reported in other returns.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <heading><inline class="smallCaps">Actuarial Statement in Case of Mergers, Etc.</inline>—</heading><content>Not less than 30 days before a merger, consolidation, or transfer of assets or liabilities of a plan described in subsection (a) to another plan, the plan administrator (within the meaning of section 414(g)) shall file an actuarial statement of valuation evidencing compliance with the requirements of section 401(a)(12).<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 937.</p></sidenote></content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <heading><inline class="smallCaps">Employer.</inline>—</heading><content>For purposes of this section, the term ‘employer’ includes a person described in section 401(c)(4) and an individual who <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s408">26 USC 408.</ref></p></sidenote> establishes an individual retirement account or annuity described in section 408.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <heading><inline class="smallCaps">Cross References.</inline>—</heading> <content><list> <listItem class="indentUp2 fontsize8"><listContent class="indentUp1"><b>“For provisions relating to penalties for failure to file a return required by this section, see section 6652(f).</b></listContent></listItem> <listItem class="indentUp2 fontsize8"><listContent class="indentUp1"><b>“For coordination between the Department of the Treasury and the Department of Labor with respect to the information required under this section, see section 3004 of title III of the Employee Retirement Income Security Act of 1974.”.</b></listContent></listItem></list></content></subsection></section></subpart> </quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Sanctions.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <heading><inline class="smallCaps">Failure to file registration statements or notification of change in status.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>Section 6652 (relating to failure to file certain information <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6652">26 USC 6652.</ref></p></sidenote> returns) is amended by redesignating subsection (e) as subsection (g) and by inserting after subsection (d) the following new subsections: <quotedContent> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <heading><inline class="smallCaps">Annual Registration and Other Notification by Pension Plan.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">Registration.</inline>—</heading><content>In the case of any failure to file a registration statement required under section 6057(a) (relating to <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 943.</p></sidenote> annual registration of certain plans) which includes all participants required to be included in such statement, on the date prescribed therefor (determined without regard to any extension of time for filing), unless it is shown that such failure is due to reasonable cause, there shall be paid (on notice and demand by the Secretary or his delegate and in the same manner as tax) by the person failing so to file, an amount equal to $1 for each participant with respect to whom there is a failure to file, multiplied by the number of days during which such failure continues, but the total amount imposed under this paragraph on any person for any failure to file with respect to any plan year shall not exceed $5,000.</content></paragraph> <page identifier="/us/stat/88/946">88 <inline class="smallCaps">Stat.</inline> 946</page> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Notification of change of status.</inline>—</heading><content>In the case of failure to file a notification required under section 6057(b) (relating <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 943.</p></sidenote> to notification of change of status) on the date prescribed therefor (determined without regard to any extension of time for filing), unless it is shown that such failure is due to reasonable cause, there shall be paid (on notice and demand by the Secretary or his delegate and in the same manner as tax) by the person failing so to file, $1 for each day during which such failure continues, but the total amounts imposed under this paragraph on any person for failure to file any notification shall not exceed $1,000.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <heading><inline class="smallCaps">Information Required in Connection With Certain Plans of Deferred Compensation.</inline>—</heading><content>In the case of failure to file a return or statement required under section 6058 (relating to information <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 945.</p></sidenote> required in connection with certain plans of deferred compensation) or 6047 (relating to information relating to certain trusts and annuity <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 970.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6047">26 USC 6047.</ref></p></sidenote> and bond purchase plans) on the date and in the manner prescribed therefor (determined with regard to any extension of time for filing), unless it is shown that such failure is due to reasonable cause, there shall be paid (on notice and demand by the Secretary or his delegate and in the same manner as tax) by the person failing so to file, $10 for each day during which such failure continues, but the total amount imposed under this subsection on any person for failure to file any return shall not exceed $5,000.”</content></subsection> </quotedContent> </content> </subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num><clause class="inline"><num value="i">(i)</num> <content class="inline">The section heading for section 6652 is amended by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6652">26 USC 6652.</ref></p></sidenote> adding “<quotedText>, Registration Statements, etc.</quotedText>” before the period at the end thereof.</content></clause> <clause class="indent0 fontsize10"><num value="ii">(ii)</num> <content>The item relating to section 6652 in the table of contents for subchapter A of chapter 68 is amended by adding “<quotedText>, registration statements, etc.</quotedText>” before the period of the end thereof.</content></clause></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <heading><inline class="smallCaps">Failure to furnish statement to participant.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>Subchapter B of chapter 68 (relating to assessable penalties) is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent0 fontsize10"><num value="6690">“SEC. 6690.</num> <heading>FRAUDULENT STATEMENT OR FAILURE TO FURNISH STATEMENT TO PLAN PARTICIPANT.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6690">26 USC 6690.</ref></p></sidenote> <content>“Any person required under section 6057(e) to furnish a statement to a participant who willfully furnishes a false or fraudulent statement, or who willfully fails to furnish a statement in the manner, at the time, and showing the information required under section 6057(e), or regulations prescribed thereunder, shall for each such act, or for each such failure, be subject to a penalty under this subchapter of $50, which shall be assessed and collected in the same manner as the tax on employers imposed by section 3111.”<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s3111">26 USC 3111.</ref></p></sidenote></content> </section> </quotedContent> </content> </subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>The table of sections for such subchapter B is amended by adding at the end thereof the following new item: <quotedContent> <toc> <referenceItem role="section"><designator>“Sec. 6690.</designator> <label>Fraudulent statement or failure to furnish statement to plan participant.”</label></referenceItem> </toc> </quotedContent> </content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <heading><inline class="smallCaps">Clerical Amendments.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>The table of subparts for such part III is amended by adding at the end thereof the following: <quotedContent> <toc> <referenceItem role="subpart"><designator>“Subpart E.</designator> <label>Registration of and information concerning pension, etc., plans.”</label></referenceItem> </toc> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>Section 6033(c) (relating to cross references) is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6033">26 USC 6033.</ref></p></sidenote> by adding at the end thereof the following: <quotedContent> <subsection><content> <list> <listItem class="indentUp2 fontsize8"><listContent class="indentUp1"><b>“For provisions relating to information required in connection with certain plans of deferred compensation, see section 6058.”</b></listContent></listItem></list></content></subsection> </quotedContent> </content> </paragraph> <page identifier="/us/stat/88/947">88 <inline class="smallCaps">Stat.</inline> 947</page> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>Subsection (d) of section 6047 (relating to information <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6047">26 USC 6047.</ref></p></sidenote> with respect to certain trusts and annuity and bond purchase plans) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <heading><inline class="smallCaps">Cross References.</inline>—</heading> <paragraph class="indentUp2 fontsize8"><num value="1"><b>“(1)</b></num> <content><b>For provisions relating to penalties for failure to file a return required by this section, see section 6652(f).</b></content></paragraph> <paragraph class="indentUp2 fontsize8"><num value="2"><b>“(2)</b></num> <content><b>For criminal penalty for furnishing fraudulent information, see section 7207.”</b></content></paragraph></subsection> </quotedContent> </content> </paragraph> </subsection> </section> <section class="firstIndent0 fontsize10"><num value="1032">SEC. 1032.</num> <heading>DUTIES OF SECRETARY OF HEALTH, EDUCATION, AND WELFARE.</heading> <content>Title XI of the Social Security Act (relating to general provisions) is amended by adding at the end of part A thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“notification of social security claimant with respect to deferred vested benefits</inline></heading> <num value="1131">“Sec. 1131.</num> <subsection class="inline"><num value="a">“(a)</num> <chapeau>Whenever—</chapeau><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1320b–1">42 USC 1320b–1.</ref></p></sidenote> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <chapeau>the Secretary makes a finding of fact and a decision as to—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the entitlement of any individual to monthly benefits under section 202, 223, or 228,<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s402/s423/s428">42 USC 402, 423, 428.</ref></p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the entitlement of any individual to a lump-sum death payment payable under section 202(i) on account of the death of any person to whom such individual is related by blood, marriage, or adoption, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>the entitlement under section 226 of any individual <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s426">42 USC 426.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1395c">42 USC 1395c.</ref></p></sidenote> to hospital insurance benefits under part A of title XVIII, or</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <chapeau>the Secretary is requested to do so—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>by any individual with respect to whom the Secretary holds information obtained under section 6057 of the Internal Revenue Code of 1954, or<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 943.</p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>in the case of the death of the individual referred to in subparagraph (A), by the individual who would be entitled to payment under section 204(d) of this Act.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s404">42 USC 404.</ref></p></sidenote></content></subparagraph> <continuation class="indent0 fontsize10">he shall transmit to the individual referred to in paragraph (1) or the individual making the request under paragraph (2) any information, as reported by the employer, regarding any deferred vested benefit transmitted to the Secretary pursuant to such section 6057 with respect to the individual referred to in paragraph (1) or (2)(A) or the person on whose wages and self-employment income entitlement (or claim of entitlement) is based.</continuation></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">“(1)</num> <content class="inline">For purposes of section 201(g)(1), expenses incurred in <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401.</ref></p></sidenote> the administration of subsection (a) shall be deemed to be expenses incurred for the administration of title II.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>There are hereby authorized to be appropriated to the Federal <sidenote><p class="indent0 firstIndent1 fontsize8">Appropriation.</p></sidenote> Old-Age and Survivors Insurance Trust Fund for each fiscal year (commencing with the fiscal year ending June 30, 1974) such sums as the Secretary deems necessary on account of additional administrative expenses resulting from the enactment of the provisions of subsection (a).”</content></paragraph></subsection></section> </quotedContent> </content> </section> <section class="firstIndent0 fontsize10"><num value="1033">SEC. 1033.</num> <heading>REPORTS BY ACTUARIES.</heading> <subsection class="indent0 fontsize10"><num value="a">(a)</num> <heading><inline class="smallCaps">Reports by Actuaries.</inline>—</heading><content>Subpart E of part III of subchapter A of chapter 61 (relating to registration of and information concerning pension, etc., plans) as added by section 1031(a) of this Act, is <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 943.</p></sidenote> amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent0 fontsize10"><num value="6059">“SEC. 6059.</num> <heading>PERIODIC REPORT OF ACTUARY.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6059">26 USC 6059.</ref></p></sidenote> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <heading><inline class="smallCaps">General Rule.</inline>—</heading><content>The actuarial report described in subsection (b) shall be filed by the plan administrator (as defined in section <page identifier="/us/stat/88/948">88 <inline class="smallCaps">Stat.</inline> 948</page> 414(g) of eacli defined benefit plan to which section 412 applies, for <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> pp. 925, 914.</p></sidenote> the first plan year for which section 412 applies to the plan and for each third plan year thereafter (or more frequently if the Secretary or his delegate determines that more frequent reports are necessary).</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <heading><inline class="smallCaps">Actuarial Report.</inline>—</heading><chapeau>The actuarial report of a plan required by subsection (a) shall be prepared and signed by an enrolled actuary (within the meaning of section 7701(a)(35)) and shall contain—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s7701">26 USC 7701.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>a description of the funding method and actuarial assumptions used to determine costs under the plan,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>a certification of the contribution necessary to reduce the accumulated funding deficiency (as defined in section 412(a)) to zero,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <chapeau>a statement—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>that to the best of his knowledge the report is complete and accurate, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the requirements of section 412(c) (relating to reasonable actuarial assumptions) have been complied with,</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>such other information as may be necessary to fully and fairly disclose the actuarial position of the plan, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <content>such other information regarding the plan as the Secretary or his delegate may by regulations require.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <heading><inline class="smallCaps">Time and Manner of Filing.</inline>—</heading><content>The actuarial report and statement required by this section shall be filed at the time and in the manner provided by regulations prescribed by the Secretary or his delegate.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <heading><inline class="smallCaps">Cross Reference.</inline>—</heading> <content><list><listItem class="indentUp2 fontsize8"><listContent class="indentUp1"><b>“For coordination between the Department of the Treasury and the Department of Labor with respect to the report required to be filed under this section, see section 3004 of title III of the Employee Retirement Income Security Act of 1974.”.</b></listContent></listItem></list></content></subsection> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Assessable Penalties.</inline>—</heading><content>Subchapter B of chapter 68 (relating <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 946.</p></sidenote> to assessable penalties) is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent0 fontsize10"> <num value="6692">“SEC. 6692.</num> <heading>FAILURE TO FILE ACTUARIAL REPORT.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6692">26 USC 6692.</ref></p></sidenote> <content>“The plan administrator (as defined in section 414(g)) of each <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 925.</p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 914.</p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 947.</p></sidenote> defined benefit plan to which section 412 applies who fails to file the report required by section 6059 at the time and in the manner required by section 6059, shall pay a penalty of $1,000 for each such failure unless it is shown that such failure is due to reasonable cause.”</content></section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(c)</num> <heading><inline class="smallCaps">Consolidation of Actuarial Reports.</inline>—</heading><content>The Secretary of the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6059">26 USC 6059</ref> note.</p></sidenote> Treasury and the Secretary of Labor shall take such steps as may be necessary to assure coordination to the maximum extent feasible between the actuarial reports required by section 6059 of the Internal Revenue Code of 1954 and by section 103(d) of title I of the Employee Retirement Income Security Act of 1974.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 841.</p></sidenote></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <heading><inline class="smallCaps">Clerical Amendment.</inline>—</heading><content>The table of sections for subchapter B of chapter 68 is amended by adding at the end thereof the following new item: <quotedContent> <toc> <referenceItem role="section"><designator>“Sec. 6692.</designator> <label>Failure to file actuarial report.”.</label></referenceItem> </toc> </quotedContent> </content> </subsection> </section> <section class="firstIndent0 fontsize10"> <num value="1034">SEC. 1034.</num> <heading>EFFECTIVE DATES.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6057">26 USC 6057</ref> note.</p></sidenote> <chapeau>This part shall take effect upon the date of the enactment of this Act; except that—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the requirements of section 6059 of the Internal Revenue Code of 1954 shall apply only with respect to plan years to which part I of this title applies,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the requirements of section 6057 of such Code shall apply <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 943.</p></sidenote> only with respect to plan years beginning after December 31, 1975,</content></paragraph> <page identifier="/us/stat/88/949">88 <inline class="smallCaps">Stat.</inline> 949</page> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>the requirements of section 6058(a) of such Code shall <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 945.</p></sidenote> apply only with respect to plan years beginning after the date of the enactment of this Act, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>the amendments made by section 1032 shall take effect on January 1, 1978.</content></paragraph> </section> </part> <part> <num value="4">PART 4—</num><heading>DECLARATORY JUDGMENTS RELATING TO QUALIFICATION OF CERTAIN RETIREMENT PLANS</heading> <section class="firstIndent0 fontsize10"> <num value="1041">SEC. 1041.</num> <heading>TAX COURT PROCEDURE.</heading> <subsection class="indent0 fontsize10"><num value="a">(a)</num> <heading><inline class="smallCaps">In General.</inline>—</heading><content>Subchapter O of chapter 76 (relating to the Tax Court, is amended by adding at the end thereof the following new part: <quotedContent> <part> <num value="IV">“PART IV—</num><heading>DECLARATORY JUDGMENTS RELATING TO QUALIFICATION OF CERTAIN RETIREMENT PLANS</heading> <toc> <referenceItem role="section"><designator>“Sec. 7476.</designator> <label>Declaratory judgments.</label></referenceItem> </toc> <section class="firstIndent0 fontsize10"> <num value="7476">“SEC. 7476.</num> <heading>DECLARATORY JUDGMENTS.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s7476">26 USC 7476.</ref></p></sidenote> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <heading><inline class="smallCaps">Creation of Remedy.</inline>—</heading><chapeau>In a case of actual controversy involving—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>a determination by the Secretary or his delegate with respect to the initial qualification or continuing qualification of a retirement plan under subchapter D of chapter I, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <chapeau>a failure by the Secretary or his delegate to make a determination with respect to—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>such initial qualification, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>such continuing qualification if the controversy arises from a plan amendment or plan termination,</content></subparagraph> <continuation class="indent0 fontsize10">upon the filing of an appropriate pleading, the United States Tax Court may make a declaration with respect to such initial qualification or continuing qualification. Any such declaration shall have the force and effect of a decision of the Tax Court and shall be reviewable as such.</continuation></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <heading><inline class="smallCaps">Limitations.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">Petitioner.</inline>—</heading><content>A pleading may be filed under this section only by a petitioner who is the employer, the plan administrator, an employee who has qualified under regulations prescribed by the Secretary or his delegate as an interested party for purposes of pursuing administrative remedies within the Internal Revenue Service, or the Pension Benefit Guaranty Corporation.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Notice.</inline>—</heading><content>For purposes of this section, the filing of a pleading by any petitioner may be held by the Tax Court to be premature, unless the petitioner establishes to the satisfaction of the court that he has complied with the requirements prescribed by regulations of the Secretary or his delegate with respect to notice to other interested parties of the filing of the request for a determination referred to in subsection (a).</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Exhaustion of administrative remedies.</inline>—</heading><content>The Tax Court shall not issue a declaratory judgment or decree under this section in any proceeding unless it determines that the petitioner has exhausted administrative remedies available to him within the Internal Revenue Service. A petitioner shall not be deemed to have exhausted his administrative remedies with respect to a failure by the Secretary or his delegate to make a determination with respect to initial qualification or continuing qualification of a retirement plan before the expiration of 270 days after the request for such determination was made.</content></paragraph> <page identifier="/us/stat/88/950">88 <inline class="smallCaps">Stat.</inline> 950</page> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <heading><inline class="smallCaps">Plan put into effect.</inline>—</heading><content>No proceeding may be maintained under this section unless the plan (and, in the case of a controversy involving the continuing qualification of the plan because of an amendment to the plan, the amendment) with respect to which a decision of the Tax Court is sought has been put into effect before the filing of the pleading. A plan or amendment shall not be treated as not being in effect merely because under the plan the funds contributed to the plan may be refunded if the plan (or the plan as so amended) is found to be not qualified.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <heading><inline class="smallCaps">Time for bringing action.</inline>—</heading><content>If the Secretary or his delegate sends by certified or registered mail notice of his determination with respect to the qualification of the plan to the persons referred to in paragraph (1) (or, in the case of employees referred to in paragraph (1), to any individual designated under regulations prescribed by the Secretary or his delegate as a representative of such employee), no proceeding may be initiated under this section by any person unless the pleading is filed before the ninety-first day after the day after such notice is mailed to such person (or to his designated representative, in the case of an employee).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <heading><inline class="smallCaps">Commissioners.</inline>—</heading><content>The chief judge of the Tax Court may assign proceedings under this section to be heard by the commissioners of the court, and the court may authorize a commissioner to make the decision of the court with respect to such proceeding, subject to such conditions and review as the court may by rule provide.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <heading><inline class="smallCaps">Retirement Plan.</inline>—</heading><chapeau>For purposes of this section, the term ‘retirement plan’ means—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>a pension, profit-sharing, or stock bonus plan described in section 401(a) or a trust which is part of such a plan,<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>an annuity plan described in section 403(a), or<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s403">26 USC 403.</ref></p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>a bond purchase plan described in section 405(a).<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s405">26 USC 405.</ref></p></sidenote></content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <heading><inline class="smallCaps">Cross Reference.</inline>—</heading> <content><list> <listItem class="indentUp2 fontsize8"><listContent class="indentUp1"><b>“For provisions concerning intervention by Pension Benefit Guaranty Corporation and Secretary of Labor in actions brought under this section and right of Pension Benefit Guaranty Corporation to bring action, see section 301(c) of subtitle A of title III of the Employee Retirement Income Security Act of 1974.”</b></listContent></listItem></list></content></subsection></section></part> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Technical and Conforming Amendments.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <heading><inline class="smallCaps">Fee for filing petition.</inline>—</heading><content>Section 7451 (relating to fee <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s7451">26 USC 7451.</ref></p></sidenote> for filing petition) is amended by striking out “<quotedText>deficiency</quotedText>” and inserting in lieu thereof “<quotedText>deficiency or for a declaratory judgment under part IV of this subchapter</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <heading><inline class="smallCaps">Date of decision.</inline>—</heading><content>Section 7459(c) (relating to date of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s7459">26 USC 7459.</ref></p></sidenote> decision) is amended by inserting before the period at the end of the first sentence the following: “<quotedText>or, in the case of a declaratory judgment proceeding under part IV of this subchapter, the date of the court’s order entering the decision</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <heading><inline class="smallCaps">Venue for appeal of decision.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>Section 7482(b)(1) (relating to venue) is amended by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s7482">26 USC 7482.</ref></p></sidenote> striking out the period at the end of subparagraph (B) and inserting in lieu thereof “<quotedText>, or</quotedText>” and by inserting after subparagraph (B) the following new subparagraph: <quotedContent> <subparagraph class="indent0 fontsize10"><num value="C">“(C)</num> <content>in the case of a person seeking a declaratory decision <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 949.</p></sidenote> under section 7476, the principal place of business, or principal office or agency of the employer.”</content></subparagraph> </quotedContent> </content> </subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <chapeau>Section 7482(b)(1) is further amended—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>by striking out “<quotedText>neither subparagraph (A) nor (B) applies</quotedText>” and inserting in lieu thereof “<quotedText>subparagraph (A), (B), and (C) do not apply</quotedText>”; and</content></clause> <page identifier="/us/stat/88/951">88 <inline class="smallCaps">Stat.</inline> 951</page> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>by inserting before the period at the end of the last sentence thereof the following: “<quotedText>or as of the time the petition seeking a declaratory decision under section 7476 was filed with the Tax Court</quotedText>”.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 949.</p></sidenote></content></clause></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <heading><inline class="smallCaps">Clerical Amendment.</inline>—</heading><content>The table of parts for subchapter C of chapter 76 (relating to the Tax Court) is amended by adding at the end thereof the following new item: <quotedContent> <toc> <referenceItem role="part"><designator>“<inline class="smallCaps">Part IV</inline>.</designator> <label>Declaratory judgments relating to qualification of certain retirement plans.”.</label></referenceItem> </toc> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <heading><inline class="smallCaps">Effective Date.</inline>—</heading><content>The amendments made by this section shall <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s7476">26 USC 7476</ref> note.</p></sidenote> apply to pleadings filed more than 1 year after the date of the enactment of this Act.</content></subsection> </section> </part> <part> <num value="5">PART 5—</num><heading>INTERNAL REVENUE SERVICE</heading> <section class="firstIndent0 fontsize10"> <num value="1051">SEC. 1051.</num> <heading>ESTABLISHMENT OF OFFICE.</heading> <subsection class="indent0 fontsize10"> <num value="a">(a)</num> <heading><inline class="smallCaps">In General.</inline>—</heading><content>Section 7802 (relating to Commissioner of Internal <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s7802">26 USC 7802.</ref></p></sidenote> Revenue) is amended to read as follows: <quotedContent> <section class="firstIndent0 fontsize10"><num value="7802">“SEC. 7802.</num> <heading>COMMISSIONER OF INTERNAL REVENUE; ASSISTANT COMMISSIONER (EMPLOYEE PLANS AND EXEMPT ORGANIZATIONS).</heading> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <heading><inline class="smallCaps">Commissioner of Internal Revenue.</inline>—</heading><content>There shall be in the Department of the Treasury a Commissioner of Internal Revenue, who shall be appointed by the President, by and with the advice and consent of the Senate. The Commissioner of Internal Revenue shall have such duties and powers as may be prescribed by the Secretary.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <heading><inline class="smallCaps">Assistant Commissioner for Employee Plans and Exempt Organizations.</inline>—</heading><content>There is established within the Internal Revenue <sidenote><p class="indent0 firstIndent1 fontsize8">Office of Employee Plans and Exempt Organizations.</p> <p class="indent0 firstIndent1 fontsize8">Establishment.</p></sidenote> Service an office to be known as the ‘Office of Employee Plans and Exempt Organizations’ to be under the supervision and direction of an Assistant Commissioner of Internal Revenue. As head of the Office, the Assistant Commissioner shall be responsible for carrying out such functions as the Secretary or his delegate may prescribe with respect to organizations exempt from tax under section 501(a) and with respect <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> to plans to which part I of subchapter D of chapter 1 applies (and with respect to organizations designed to be exempt under such section and plans designed to be plans to which such part applies).”</content></subsection></section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Salaries.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <heading><inline class="smallCaps">Assistant commissioner.</inline>—</heading><content>Section 5109 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>The position held by the employee appointed under section 7802(b) of the Internal Revenue Code of 1954 is classified at GS–18, <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Supra.</i></p></sidenote> and is in addition to the number of positions authorized by section 5108(a) of this title.”<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s5108">5 USC 5108.</ref></p></sidenote></content></subsection> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <heading><inline class="smallCaps">Classification of positions at gs–16 and 17.</inline>—</heading><content>Section 5108 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <content>In addition to the number of positions authorized by subsection (a), the Commissioner of Internal Revenue is authorized, without regard to any other provision of this section, to place a total of 20 positions in the Internal Revenue Service in GS–16 and 17.”.</content></subsection> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <heading><inline class="smallCaps">Clerical Amendments.</inline>—</heading><content>The item relating to section 7802 in the table of sections for subchapter A of chapter 80 is amended to read as follows: <quotedContent> <toc> <referenceItem role="section"><designator>“Sec. 7802.</designator> <label>Commissioner of Internal Revenue; Assistant Commissioner (Employee Plans and Exempt Organizations).”</label></referenceItem> </toc> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d)</num> <heading><inline class="smallCaps">Effective Date.</inline>—</heading><content>The amendments made by this section shall <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s7802">26 USC 7802</ref> note.</p></sidenote> take effect on the 90th day after the date of the enactment of this Act.</content></subsection> </section> <page identifier="/us/stat/88/952">88 <inline class="smallCaps">Stat.</inline> 952</page> <section class="firstIndent0 fontsize10"><num value="1052">SEC. 1052.</num> <heading>AUTHORIZATION OF APPROPRIATIONS.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s1037">31 USC 1037.</ref></p></sidenote> <chapeau>There is authorized to be appropriated to the Department of the Treasury for the purpose of carrying out all functions of the Office of Employee Plans and Exempt Organizations for each fiscal year beginning after June 30, 1974, an amount equal to the sum of—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>so much of the collections from the taxes imposed under section 4940 of such Code (relating to excise tax based on investment <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s4940">26 USC 4940.</ref></p></sidenote> income) as would have been collected if the rate of tax under such section was 2 percent during the second preceding fiscal year, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <chapeau>the greater of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>an amount equal to the amount described in paragraph (1), or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>$30,000,000.</content></subparagraph></paragraph> </section> </part> </subtitle> <subtitle><num value="B">Subtitle B—</num><heading>Other Amendments to the Internal Revenue Code Relating to Retirement Plans</heading> <section class="firstIndent0 fontsize10"><num value="2001">SEC. 2001.</num> <heading>CONTRIBUTIONS ON BEHALF OF SELF-EMPLOYED INDIVIDUALS AND SHAREHOLDER-EMPLOYEES.</heading> <subsection class="indent0 fontsize10"><num value="a">(a)</num> <heading><inline class="smallCaps">Increase in Maximum Amount Deductible for Self-Employed Individuals</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <chapeau>Paragraph (1) of section 404(e) (relating to special limitations <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s404">26 USC 404.</ref></p></sidenote> for self-employed individuals) is amended—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>by striking out “<quotedText>$2,500, or 10 percent</quotedText>” and inserting in lieu thereof “<quotedText>$7,500, or 15 percent</quotedText>”, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>by striking out “<quotedText>subject to the provisions of paragraph (2)</quotedText>” and inserting in lieu thereof “<quotedText>subject to paragraphs (2) and (4)</quotedText>”.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>Paragraph (2)(A) of section 404(e) is amended by striking out “<quotedText>shall not exceed $2,500, or 10 percent</quotedText>” and inserting in lieu thereof “<quotedText>shall (subject to paragraph (4)) not exceed $7,500, or 15 percent</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>Section 404(e) is amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <heading><inline class="smallCaps">Limitations cannot be lower than $750 or 100 percent of earned income.</inline>—</heading><chapeau>The limitations under paragraphs (1) and (2)(A) for any employee shall not be less than the lesser of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>$750, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>100 percent of the earned income derived by such employee from the trades or businesses taken into account for purposes of paragraph (1) or (2)(A) as the case may be.”.</content></subparagraph></paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Increase in Maximum Amount Deductible for Shareholder-Employees.</inline>—</heading><chapeau>Paragraph (1) of section 1379(b) (relating to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1379">26 USC 1379.</ref></p></sidenote> taxability of shareholder-employees) is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>10 percent</quotedText>” in subparagraph (A) and inserting in lieu thereof “<quotedText>15 percent</quotedText>”, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>$2,500</quotedText>” in subparagraph (B) and inserting in lieu thereof “<quotedText>$7,500</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <heading><inline class="smallCaps">Only First $100,000 of Annual Compensation To Be Taken Into Account.</inline>—</heading><content>Subsection (a) of section 401 (relating to requirements <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> for qualification) is amended by inserting after paragraph (16) the following new paragraph: <quotedContent> <paragraph class="indentUp1 fontsize10"><num value="17">“(17)</num> <content>In the case of a plan which provides contributions or benefits for employees some or all of whom are employees within the meaning of subsection (c)(1), or are shareholder-employees within the meaning of section 1379(d), only if the annual compen-<page identifier="/us/stat/88/953">88 <inline class="smallCaps">Stat.</inline> 953</page>sation of each employee taken into account under the plan does not exceed the first $100,000 of such compensation.”</content></paragraph> </quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <heading><inline class="smallCaps">Defined Benefit Plans for Self-Employed Individuals.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>Subsection (a) of section 401 is amended by inserting after paragraph (17) the following new paragraph:<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 952.</p></sidenote> <quotedContent> <paragraph class="indent0 fontsize10"><num value="18">“(18)</num> <content>In the case of a trust which is part of a plan providing a defined benefit for employees some or all of whom are employees within the meaning of subsection (c)(1), or are shareholder-employees within the meaning of section 1379(d), only if such <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1379">26 USC 1379.</ref></p></sidenote> plan satisfies the requirements of subsection (j).”</content></paragraph> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>Section 401 (relating to qualified pension, profit-sharing, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> and stock bonus plans) is amended by redesignating subsection (j) as subsection (k) and by inserting after subsection (i) the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="j">“(j)</num> <heading><inline class="smallCaps">Defined Benefit Plans Providing Benefits for Self-Employed Individuals and Shareholder-Employees.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><chapeau>A defined benefit plan satisfies the requirements of this subsection only if the basic benefit accruing under the plan for each plan year of participation by an employee within the meaning of subsection (c)(1) (or a shareholder-employee) is permissible under regulations prescribed by the Secretary or his delegate under this subsection to insure that there will be reasonable comparability (assuming level funding) between the maximum retirement benefits which may be provided with favorable tax treatment under this title for such employees under—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>defined contribution plans,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>defined benefit plans, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>a combination of defined contribution plans and defined benefit plans.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Guidelines for regulations.</inline>—</heading><chapeau>The regulations prescribed under this subsection shall provide that a plan does not satisfy the requirements of this subsection if, under the plan, the basic benefit of any employee within the meaning of subsection (c)(1) (or a shareholder-employee) may exceed the sum of the products for each plan year of participation of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>his annual compensation (not in excess of $50,000) for such year, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the applicable percentage determined under paragraph (3).</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Applicable percentage.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">Table.</inline>—</heading><content>For purposes of paragraph (2), the applicable percentage for any individual for any plan year shall be based on the percentage shown on the following table opposite his age when his current period of participation in the plan began. <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="text-align:left; vertical-align:bottom">“Age when participation began:</th> <th style="text-align:right; vertical-align:bottom">Applicable percentage</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">30 or less</td> <td style="text-align:right; vertical-align:bottom">6.5</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">35</td> <td style="text-align:right; vertical-align:bottom">5.4</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">40</td> <td style="text-align:right; vertical-align:bottom">4.4</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">45</td> <td style="text-align:right; vertical-align:bottom">3.6</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">50</td> <td style="text-align:right; vertical-align:bottom">3.0</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">55</td> <td style="text-align:right; vertical-align:bottom">2.5</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">60 or over</td> <td style="text-align:right; vertical-align:bottom">2.0</td> </tr> </tbody> </table> </content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Additional requirements.</inline>—</heading><chapeau>The regulations prescribed under this subsection shall include provisions—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>for applicable percentages for ages between any two ages shown on the table,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>for adjusting the applicable percentages in the case of plans providing benefits other than a basic benefit,</content></clause> <page identifier="/us/stat/88/954">88 <inline class="smallCaps">Stat.</inline> 954</page> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>that any increase in the rate of accrual, and any increase in the compensation base which may be taken into account, shall, with respect only to such increase, begin a new period of participation in the plan, and</content></clause> <clause class="indentUp1 fontsize10"><num value="iv">“(iv)</num> <content>when appropriate, in the case of periods beginning after December 31, 1977, for adjustments in the applicable percentages based on changes in prevailing interest and mortality rates occurring after 1973.</content></clause></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <heading><inline class="smallCaps">Certain contributions and benefits may not be taken into account.</inline>—</heading><content>A defined benefit plan which provides contributions or benefits for owner-employees does not satisfy the requirements of this subsection unless such plan meets the requirements of subsection (a)(4) without taking into account contributions or benefits under chapter 2 (relating to tax on self-employment <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1401">26 USC 1401.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s3101">26 USC 3101.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> income), chapter 21 (relating to Federal Insurance Contributions Act), title II of the Social Security Act, or any other Federal or State law.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <heading><inline class="smallCaps">Definitions.</inline>—</heading><chapeau>For purposes of this subsection—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">Basic benefit.</inline>—</heading><chapeau>The term ‘basic benefit’ means a benefit in the form of a straight life annuity commencing at the later of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>age 65, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the day 5 years after the day the participant’s current period of participation began</content></clause> <continuation class="indent0 fontsize10">under a plan which provides no ancillary benefits and to which employees do not contribute.</continuation></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Shareholder-employee.</inline>—</heading><content>The term ‘shareholder-employee’ has the same meaning as when used in section 1379(d).<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1379">26 USC 1379.</ref></p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <heading><inline class="smallCaps">Compensation.</inline>—</heading><chapeau>The term ‘compensation’ means—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>in the case of an employee within the meaning of subsection (c)(1), the earned income of such individual, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>in the case of a shareholder-employee, the compensation received or accrued by the individual from the electing small business corporation.</content></clause></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <heading><inline class="smallCaps">Special rules.</inline>—</heading><content>Section 404(e) (relating to special limitations <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 952.</p></sidenote> for self-employed individuals) and section 1379(b) (relating to taxability of shareholder-employee beneficiaries) do not apply to a trust to which this subsection applies.”</content></paragraph></subsection> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <heading><inline class="smallCaps">Repeal of Existing Tax Treatment of Excess Contributions.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>The last sentence of section 401(d)(5) is amended to read <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> as follows: “<quotedText>Subparagraphs (A) and (B) do not apply to contributions described in subsection (e).</quotedText>”</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>Paragraph (8) of section 401(d) is repealed.<sidenote><p class="indent0 firstIndent1 fontsize8">Repeal.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>Subsection (e) of section 401 is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <heading><inline class="smallCaps">Contributions for Premiums on Annuity, Etc., Contracts.</inline>—</heading><chapeau>A contribution by the employer on behalf of an owner-employee is described in this subsection if—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>under the plan such contribution is required to be applied (directly or through a trustee) to pay premiums or other consideration for one or more annuity, endowment, or life insurance contracts on the life of such owner-employee issued under the plan,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>the amount of such contribution exceeds the amount deductible under section 404 with respect to contributions made by the employer on behalf of such owner-employee under the plan, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>the amount of such contribution does not exceed the average of the amounts which were deductible under section 404 with <page identifier="/us/stat/88/955">88 <inline class="smallCaps">Stat.</inline> 955</page> respect to contributions made by the employer on behalf of such owner-employee under the plan (or which would have been deductible if such section had been in effect) for the first three taxable years (A) preceding the year in which the last such annuity, endowment, or life insurance contract was issued under the plan, and (B) in which such owner-employee derived earned income from the trade or business with respect to which the plan is established, or for so many of such taxable years as such owner-employee was engaged in such trade or business and derived earned income therefrom.</content></paragraph> <continuation class="indent0 fontsize10">In the case of any individual on whose behalf contributions described in paragraph (1) are made under more than one plan as an owner-employee during any taxable year, the preceding sentence does not apply if the amount of such contributions under all such plans for all such years exceeds $7,500. Any contribution which is described in this subsection shall, for purposes of section 4972(b), be taken into <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Infra.</i></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s404">26 USC 404.</ref></p></sidenote> account as a contribution made by such owner-employee as an employee to the extent that the amount of such contribution is not deductible under section 404 for the taxable year, but only for the purpose of applying section 4972(b) to other contributions made by such owner-employee as an employee.”</continuation></subsection> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>Clause (ii) of section 401(a)(10)(A) is amended by striking <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> out “<quotedText>subsection (e)(3)(A)</quotedText>” and inserting in lieu thereof “<quotedText>subsection (e)</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <chapeau>Subparagraph (A) of section 72(m)(5)(A) is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s72">26 USC 72.</ref></p></sidenote></chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>by inserting “<quotedText>and</quotedText>” at the end of clause (i),</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>by striking out the comma at the end of clause (ii) and the word “<quotedText>and</quotedText>” following that comma, and inserting in lieu thereof a period, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>by striking out clause (iii).</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <heading><inline class="smallCaps">Tax on Excess Contributions.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>Chapter 43 (relating to qualified pension, etc., plans) is amended by inserting after section 4971 the following new section: <quotedContent> <section class="firstIndent0 fontsize10"><num value="4972">“SEC. 4972.</num> <heading>TAX ON EXCESS CONTRIBUTIONS FOR SELF-EMPLOYED INDIVIDUALS.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s4972">26 USC 4972.</ref></p></sidenote> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <heading><inline class="smallCaps">Tax Imposed.</inline>—</heading><content>In the case of a plan which provides contributions or benefits for employees some or all of whom are employees within the meaning of section 401(c)(1), there is imposed, for each taxable year of the employer who maintains such plan, a tax in an amount equal to 6 percent of the amount of the excess contributions under the plan (determined as of the close of the taxable year). The tax imposed by this subsection shall be paid by the employer who maintains the plan. This section applies only to plans which include a trust described in section 401(a), which are described in section 403(a), or which are described in section 405(a).<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401/s403/s405">26 USC 401,403, 405.</ref></p></sidenote></content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <heading><inline class="smallCaps">Excess Contributions.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><content>For purposes of this section, the term ‘excess <sidenote><p class="indent0 firstIndent1 fontsize8">“Excess contributions.”</p></sidenote> contributions’ means the sum of the amounts (if any) determined under paragraphs (2), (3), and (4), reduced by the sum of the correcting distributions (as defined in paragraph (5)) made in all prior taxable years beginning after December 31, 1975. For purposes of this subsection the amount of any contribution which is allocable (determined under regulations prescribed by the Secretary or his delegate) to the purchase of life, accident, health, or other insurance shall not be taken into account.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Contributions by owner-employees.</inline>—</heading><chapeau>The amount determined under this paragraph, in the case of a plan which provides contributions or benefits for employees some or all of whom are <page identifier="/us/stat/88/956">88 <inline class="smallCaps">Stat.</inline> 956</page> owner-employees (within the meaning of section 401(c)(3)), is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> the sum of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <chapeau>the excess (if any) of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the amount contributed under the plan by each owner-employee (as an employee) for the taxable year, over</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the amount permitted to be contributed by each owner-employee (as an employee) for such year, and</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the amount determined under this paragraph for the preceding taxable year of the employer,</content></subparagraph> <continuation class="indent0 fontsize10">reduced by the excess (if any) of the amount described in subparagraph (A)(ii) over the amount described in subparagraph (A)(i).</continuation></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Defined benefit plans.</inline>—</heading><chapeau>The amount determined under this paragraph, in the case of a defined benefit plan, is the amount contributed under the plan by the employer during the taxable year or any prior taxable year beginning after December 31, 1975, if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>as of the close of the taxable year, the full funding limitation of the plan (determined under section 412(c)(7)) is zero, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>such amount has not been deductible for the taxable year or any prior taxable year.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <heading><inline class="smallCaps">Defined contribution plans.</inline>—</heading><content>The amount determined under this paragraph, in the case of a plan other than a defined benefit plan, is the portion of the amounts contributed under the plan by the employer during the taxable year and each prior taxable year beginning after December 31, 1975, which has not been deductible for the taxable year or any prior taxable year.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <heading><inline class="smallCaps">Correcting distribution.</inline>—</heading><chapeau>For purposes of this subsection the term ‘correcting distribution’ means—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>in the case of a contribution made by an owner-employee as an employee, regardless of the type of plan, the amount determined under paragraph (2) distributed to the owner-employee who contributed such amount,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>in the case of a defined benefit plan, the amount determined under paragraph (3) which is distributed from the plan to the employer, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>in the case of a defined contribution plan, the amount determined under paragraph (4) which is distributed from the plan to the employer or to the employee to the account of whom the amount described was contributed.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <heading><inline class="smallCaps">Amount Permitted To Be Contributed by Owner-Employee.</inline>—</heading><chapeau>For purposes of subsection (b)(2), the amount permitted to be contributed under a plan by an owner-employee (as an employee) for any taxable year is the smallest of the following:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>$2,500,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>10 percent of the earned income (as defined in section 401(c)(2)) for such taxable year derived by such owner-employee from the trade or business with respect to which the plan is established, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>the amount of the contribution which would be contributed by the owner-employee (as an employee) if such contribution were made at the rate of contributions permitted to be made by employees other than owner-employees.</content></paragraph> <continuation class="indent0 fontsize10">In any case in which there are no employees other than owner-employees, the amount determined under the preceding sentence shall be zero.</continuation> </subsection> <page identifier="/us/stat/88/957">88 <inline class="smallCaps">Stat.</inline> 957</page> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <heading><inline class="smallCaps">Cross Reference.</inline>—</heading> <content><list> <listItem class="indentUp2 fontsize8"><listContent class="indentUp1"><b>“For disallowance of deduction for taxes paid under this section, see section 275.”.</b></listContent></listItem></list></content></subsection></section> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <heading><inline class="smallCaps">Clerical amendment.</inline>—</heading><content>The table of sections for chapter 43 is amended by inserting after the item relating to section 4971 the following new item: <quotedContent> <toc> <referenceItem role="section"><designator>“Sec. 4972.</designator> <label>Tax on excess contributions for self-employed individuals.”.</label></referenceItem> </toc> </quotedContent></content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <heading><inline class="smallCaps">Premature Distributions to Owner-Employees.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><content>Subparagraph (B) of section 72(m)(5) <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s72">26 USC 72.</ref></p></sidenote> (relating to penalties applicable to certain amounts received by owner-employees) is amended to read as follows: <quotedContent> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>If a person receives an amount to which this paragraph applies, his tax under this chapter for the taxable year in which such amount is received shall be increased by an amount equal to 10 percent of the portion of the amount so received which is includible in his gross income for such taxable year.”</content></subparagraph> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <heading><inline class="smallCaps">Conforming amendments.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>Subparagraphs (C), (D), and (E) of section 72(m)(5) <sidenote><p class="indent0 firstIndent1 fontsize8">Repeals.</p></sidenote> are repealed.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>The second sentence of section 46(a)(3) and the second <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s46">26 USC 46.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s50A">26 USC 50A.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 987.</p></sidenote> sentence of section 50A(a)(3), as each is amended by section 2005(c)(4) of this Act, are each amended by inserting after “<quotedText>tax preferences,</quotedText>” the following: “<quotedText>section 72(m)(5) (B) (relating to 10 percent tax on premature distributions to owner-employees),</quotedText>”.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><i>Supra.</i></p></sidenote></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>The third sentence of section 901(a), as amended by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s901">26 USC 901.</ref></p></sidenote> section 2005(c)(5) of this Act, is amended by striking out “<quotedText>tax preferences,</quotedText>” and inserting in lieu thereof “<quotedText>tax preferences), against the tax imposed for the taxable year under section 72(m)(5)(B) (relating to 10 percent tax on premature distributions to owner-employees),</quotedText>”.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>Subparagraph (A) of section 56(a)(2) and paragraph <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s56">26 USC 56.</ref></p></sidenote> (1) of section 56(c), as each is amended by section 2005(c)(7) of this Act, are each amended by striking out “<quotedText>402(e)</quotedText>” and inserting in lieu thereof “<quotedText>72(m)(5)(B), 402(e)</quotedText>”.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">(E)</num> <content>Section 404(a)(2) <i>is amended by striking out</i> “<quotedText>(16)</quotedText>” <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s404">26 USC 404.</ref></p></sidenote> and inserting in lieu thereof “<quotedText>(16),(17),(18)</quotedText>”.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="F">(F)</num> <content>Clause (ii) of section 404(a)(9)(B) is amended to read as follows: <quotedContent> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>without regard to the second sentence of paragraph (3); and”.</content></clause> </quotedContent> </content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num> <heading><inline class="smallCaps">Withdrawal of Employee Contributions of Owner-Employees.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>Section 401(d)(4)(B) (relating to additional requirements <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> for qualification of trusts and plans benefiting owner-employees) is amended by inserting “<quotedText>in excess of contributions made by an owner-employee as an employee</quotedText>” after “<quotedText>benefits</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>Paragraph (1) of section 72(m) (relating to certain <sidenote><p class="indent0 firstIndent1 fontsize8">Repeal.</p></sidenote> amounts received before annuity starting date) is repealed.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>Section 72(m)(5)(A)(i) is amended by striking out “<quotedText>(whether or not paid by him)</quotedText>” and inserting in lieu thereof the following: “<quotedText>(other than contributions made by him as an owner-employee)</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="i">(i)</num> <heading><inline class="smallCaps">Effective Dates.</inline>—</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s404">26 USC 404</ref> note.</p></sidenote> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>The amendments made by subsections (a) and (b) apply to taxable years beginning after December 31, 1973.</content></paragraph> <page identifier="/us/stat/88/958">88 <inline class="smallCaps">Stat.</inline> 958</page> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <chapeau>The amendments made by subsection (c) apply to—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401</ref> note.</p></sidenote></chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>taxable years beginning after December 31, 1975, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>any other taxable years beginning after December 31, 1973, for which contributions were made under the plan in excess of the amounts permitted to be made under sections 404(e) and 1379(b) as in effect on the day before the date of <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 952.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1379">26 USC 1379.</ref></p></sidenote> the enactment of this Act.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>The amendments made by subsection (d) apply to taxable <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401</ref> note.</p></sidenote> years beginning after December 31, 1975.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>The amendments made by subsections (e) and (f) apply <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401</ref> note.</p></sidenote> to contributions made in taxable years beginning after December 31, 1975.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>The amendments made by subsection (g) apply to distributions <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s72">26 USC 72</ref> note.</p></sidenote> made in taxable years beginning after December 31, 1975.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>The amendments made by subsection (h) apply to taxable <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s72">26 USC 72</ref> note.</p></sidenote> years ending after the date of enactment of this Act.</content></paragraph></subsection> </section> <section class="firstIndent0 fontsize10"><num value="2002">SEC. 2002.</num> <heading>DEDUCTION FOR RETIREMENT SAVINGS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a)</num> <heading><inline class="smallCaps">Allowance of Deduction.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <heading><inline class="smallCaps">In General.</inline>—</heading><content>Part VII of subchapter B of chapter 1 (relating <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s211">26 USC 211.</ref></p></sidenote> to additional itemized deductions for individuals) is amended by redesignating section 219 as 220 and by inserting after section 218 the following new section:<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s220">26 USC 220.</ref></p></sidenote> <quotedContent> <section class="firstIndent0 fontsize10"><num value="219">“SEC. 219.</num> <heading>RETIREMENT SAVINGS.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s219">26 USC 219.</ref></p></sidenote> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <heading><inline class="smallCaps">Deduction Allowed.</inline>—</heading><chapeau>In the case of an individual, there is allowed as a deduction amounts paid in cash during the taxable year by or on behalf of such individual for his benefit—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>to an individual retirement account described in section<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s408">26 USC 408.</ref></p></sidenote> 408(a),</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>for an individual retirement annuity described in section 408(b), or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>for a retirement bond described in section 409 (but only <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s409">26 USC 409.</ref></p></sidenote> if the bond is not redeemed within 12 months of the date of its issuance).</content></paragraph> <continuation class="indent0 fontsize10">For purposes of this title, any amount paid by an employer to such a retirement account or for such a retirement annuity or retirement bond constitutes payment of compensation to the employee (other than a self-employed individual who is an employee within the meaning of section 401(c)(1) includible in his gross income, whether <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> or not a deduction for such payment is allowable under this section to the employee after the application of subsection (b).</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <heading><inline class="smallCaps">Limitations and Restrictions.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">Maximum deduction.</inline>—</heading><content>The amount allowable as a deduction under subsection (a) to an individual for any taxable year may not exceed an amount equal to 15 percent of the compensation includible in his gross income for such taxable year, or $1,500, whichever is less.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Covered by certain other plans.</inline>—</heading><chapeau>No deduction is allowed under subsection (a) for an individual for the taxable year if for any part of such year—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <chapeau>he was an active participant in—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>a plan described in section 401(a) which includes a trust exempt from tax under section 501(a),<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote></content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>an annuity plan described in section 403(a),<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s403">26 USC 403.</ref></p></sidenote></content></clause> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>a qualified bond purchase plan described in section 405(a), or<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s405">26 USC 405.</ref></p></sidenote></content></clause> <clause class="indentUp1 fontsize10"><num value="iv">“(iv)</num> <content>a plan established for its employees by the United States, by a State or political division thereof, or <page identifier="/us/stat/88/959">88 <inline class="smallCaps">Stat.</inline> 959</page> by an agency or instrumentality of any of the foregoing, or</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>amounts were contributed by his employer for an annuity contract described in section 403(b) (whether or not <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s403">26 USC 403.</ref></p></sidenote> his rights in such contract are nonforfeitable).”</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Contributions after age 70½</inline>—</heading><content>No deduction is allowed under subsection (a) with respect to any payment described in subsection (a) which is made during the taxable year of an individual who has attained age 70½ before the close of such taxable year.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <heading><inline class="smallCaps">Recontributed amounts.</inline>—</heading><content>No deduction is allowed under this section with respect to a rollover contribution described in section 402(a)(5), 403(a)(4), 408(d)(3), or 409(b)(3)(C).<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> pp. 991, 969, 964.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <heading><inline class="smallCaps">Amounts contributed under endowment contract.</inline>—</heading><content>In the case of an endowment contract described in section 408(b), <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Infra.</i></p></sidenote> no deduction is allowed under subsection (a) for that portion of the amounts paid under the contract for the taxable year properly allocable, under regulations prescribed by the Secretary or his delegate, to the cost of life insurance.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <heading><inline class="smallCaps">Definitions and Special Rules.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">Compensation.</inline>—</heading><content>For purposes of this section, the term ‘compensation’ includes earned income as defined in section 401(c)(2).<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Married individuals.</inline>—</heading><content>The maximum deduction under subsection (b)(1) shall be computed separately for each individual, and this section shall be applied without regard to any community property laws.”.</content></paragraph></subsection></section> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <heading><inline class="smallCaps">Deduction allowed in arriving at adjusted gross income.</inline>—</heading><content>Section 62 (defining adjusted gross income) is amended by inserting after paragraph (9) the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><num value="10">“(10)</num> <heading><inline class="smallCaps">Retirement savings.</inline>—</heading><content>The deduction allowed by section 219 (relating to deduction of certain retirement savings).”.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 958.</p></sidenote></content></paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Individual Retirement Accounts.</inline>—</heading><content>Subpart A of part I of subchapter D of chapter 1 (relating to retirement plans) is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent0 fontsize10"> <num value="408">“SEC. 408.</num> <heading>INDIVIDUAL RETIREMENT ACCOUNTS.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s408">26 USC 408.</ref></p></sidenote> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <heading><inline class="smallCaps">Individual Retirement Account.</inline>—</heading><chapeau>For purposes of this section, the term ‘individual retirement account’ means a trust created or organized in the United States for the exclusive benefit of an individual or his beneficiaries, but only if the written governing instrument creating the trust meets the following requirements:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>Except in the case of a rollover contribution described in subsection (d)(3) in section 402(a)(5), 403(a)(4), or 409(b)(3)(C), no contribution will be accepted unless it is in cash, and contributions will not be accepted for the taxable year in excess of $1,500 on behalf of any individual.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>The trustee is a bank (as defined in section 401(d)(1)) or such other person who demonstrates to the satisfaction of the Secretary or his delegate that the manner in which such other person will administer the trust will be consistent with the requirements of this section.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>No part of the trust funds will be invested in life insurance contracts.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>The interest of an individual in the balance in his account is nonforfeitable.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <content>The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund.</content></paragraph> <page identifier="/us/stat/88/960">88 <inline class="smallCaps">Stat.</inline> 960</page> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <chapeau>The entire interest of an individual for whose benefit the trust is maintained will be distributed to him not later than the close of his taxable year in which he attains age 70½, or will be distributed, commencing before the close of such taxable year, in accordance with regulations prescribed by the Secretary or his delegate, over—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the life of such individual or the lives of such individual and his spouse, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>a period not extending beyond the life expectancy of such individual or the life expectancy of such individual and his spouse.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">“(7)</num> <content>If an individual for whose benefit the trust is maintained dies before his entire interest has been distributed to him, or if distribution has been commenced as provided in paragraph (6) to his surviving spouse and such surviving spouse dies before the entire interest has been distributed to such spouse, the entire interest (or the remaining part of such interest if distribution thereof has commenced) will, within 5 years after his death (or the death of the surviving spouse), be distributed, or applied to the purchase of an immediate annuity for his beneficiary or beneficiaries (or the beneficiary or beneficiaries of his surviving spouse) which will be payable for the life of such beneficiary or beneficiaries (or for a term certain not extending beyond the life expectancy of such beneficiary or beneficiaries) and which annuity will be immediately distributed to such beneficiary or beneficiaries. The preceding sentence does not apply if distributions over a term certain commenced before the death of the individual for whose benefit the trust was maintained and the term certain is for a period permitted under paragraph (6).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <heading><inline class="smallCaps">Individual Retirement Annuity.</inline>—</heading><chapeau>For purposes of this section, the term ‘individual retirement annuity’ means an annuity contract, or an endowment contract (as determined under regulations prescribed by the Secretary or his delegate), issued by an insurance company which meets the following requirements:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>The contract is not transferable by the owner.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>The annual premium under the contract will not exceed $1,500 and any refund of premiums will be applied before the close of the calendar year following the year of the refund toward the payment of future premiums or the purchase of additional benefits.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <chapeau>The entire interest of the owner will be distributed to him not later than the close of his taxable year in which he attains age 70½, or will be distributed, in accordance with regulations prescribed by the Secretary or his delegate, over—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the life of such owner or the lives of such owner and his spouse, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>a period not extending beyond the life expectancy of such owner or the life expectancy of such owner and his spouse.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>If the owner dies before his entire interest has been distributed to him, or if distribution has been commenced as provided in paragraph (3) to his surviving spouse and such surviving spouse dies before the entire interest has been distributed to such spouse, the entire interest (or the remaining part of such interest if distribution thereof has commenced) will, within 5 years after his death (or the death of the surviving spouse), be distributed, or applied to the purchase of an immediate annuity for his beneficiary or beneficiaries (or the beneficiary or beneficiaries of his surviving spouse) which will be payable for the life of such bene-<page identifier="/us/stat/88/961">88 <inline class="smallCaps">Stat.</inline> 961</page>ficiary or beneficiaries (or for a term certain not extending beyond the life expectancy of such beneficiary or beneficiaries) and which annuity will be immediately distributed to such beneficiary or beneficiaries. The preceding sentence shall have no application if distributions over a term certain commenced before the death of the owner and the term certain is for a period permitted under paragraph (3).</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <content>The entire interest of the owner is nonforfeitable.</content></paragraph> <continuation class="indent0 fontsize10">Such term does not include such an annuity contract for any taxable year of the owner in which it is disqualified on the application of subsection (e) or for any subsequent taxable year. For purposes of this subsection, no contract shall be treated as an endowment contract if it matures later than the taxable year in which the individual in whose name such contract is purchased attains age 70½; if it is not for the exclusive benefit of the individual in whose name it is purchased or his beneficiaries; or if the aggregate annual premiums under all such contracts purchased in the name of such individual for any taxable year exceed $1,500.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <heading><inline class="smallCaps">Accounts Established by Employers and Certain Associations of Employees.</inline>—</heading><chapeau>A trust created or organized in the United States by an employer for the exclusive benefit of his employees or their beneficiaries, or by an association of employees (which may include employees within the meaning of section 401(c)(1)) for the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> exclusive benefit of its members or their beneficiaries, shall be treated as an individual retirement account (described in subsection (a)), but only if the written governing instrument creating the trust meets the following requirements:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>The trust satisfies the requirements of paragraphs (1) through (7) of subsection (a).</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>There is a separate accounting for the interest of each employee or member.</content></paragraph> <continuation class="indent0 fontsize10">The assets of the trust may be held in a common fund for the account of all individuals who have an interest in the trust.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <heading><inline class="smallCaps">Tax Treatment of Distributions.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><content>Except as otherwise provided in this subsection, any amount paid or distributed out of an individual retirement account or under an individual retirement annuity shall be included in gross income by the payee or distributee, as the case may be, for the taxable year in which the payment or distribution is received. The basis of any person in such an account or annuity is zero.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Distributions of annuity contracts.</inline>—</heading><content>Paragraph (1) does not apply to any annuity contract which meets the requirements of paragraphs (1), (3), (4), and (5) of subsection (b) and which is distributed from an individual retirement account. Section 72 applies to any such annuity contract, and for purposes <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s72">26 USC 72.</ref></p></sidenote> of section 72 the investment in such contract is zero.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Rollover contribution.</inline>—</heading><chapeau>An amount is described in this paragraph as a rollover contribution if it meets the requirements of subparagraphs (A) and (B).</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><chapeau>Paragraph (1) does not apply to any amount paid or distributed out of an individual retirement account or individual retirement annuity to the individual for whose benefit the account or annuity is maintained if—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the entire amount received (including money and any other property) is paid into an individual retirement account or individual retirement annuity (other than an endowment contract) or retirement bond <page identifier="/us/stat/88/962">88 <inline class="smallCaps">Stat.</inline> 962</page> for the benefit of such individual not later than the 60th day after the day on which he receives the payment or distribution; or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the entire amount received (including money and any other property) represents the entire amount in the account or the entire value of the annuity and no amount in the account and no part of the value of the annuity is attributable to any source other than a rollover contribution from an employees’ trust described in section 401(a) which is exempt from tax under section 501(a) <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401/s501">26 USC 401, 501.</ref></p></sidenote> (other than a trust forming part of a plan under which the individual was an employee within the meaning of section 401(c)(1) at the time contributions were made on his behalf under the plan), or an annuity plan described in section 403(a) (other than a plan under which the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s403">26 USC 403.</ref></p></sidenote> individual was an employee within the meaning of section 401(c)(1) at the time contributions were made on his behalf under the plan) and any earnings on such sums and the entire amount thereof is paid into another such trust (for the benefit of such individual) or annuity plan not later than the 60th day on which he receives the payment or distribution.</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Limitation.</inline>—</heading><content>This paragraph does not apply to any amount described in subparagraph (A)(i) received by an individual from an individual retirement account or individual retirement annuity if at any time during the 3-year period ending on the day of such receipt such individual received any other amount described in that subparagraph from an individual retirement account, individual retirement annuity, or a retirement bond which was not includible in his gross income because of the application of this paragraph.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <heading><inline class="smallCaps">Excess contributions returned before due date of return.</inline>—</heading><chapeau>Paragraph (1) does not apply to the distribution of any contribution paid during a taxable year to an individual retirement account or for an individual retirement annuity to the extent that such contribution exceeds the amount allowable as a deduction under section 219 if—<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 958.</p></sidenote></chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>such distribution is received on or before the day prescribed by law (including extensions of time) for filing such individual’s return for such taxable year,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>no deduction is allowed under section 219 with respect to such excess contribution, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>such distribution is accompanied by the amount of net income attributable to such excess contribution.</content></subparagraph> <continuation class="indent0 fontsize10">Any net income described in subparagraph (C) shall be included in the gross income of the individual for the taxable year in which received.</continuation></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <heading><inline class="smallCaps">Transfer of account incident to divorce.</inline>—</heading><content>The transfer of an individual’s interest in an individual retirement account, individual retirement annuity, or retirement bond to his former spouse under a divorce decree or under a written instrument incident to such divorce is not to be considered a taxable transfer made by such individual notwithstanding any other provision of this subtitle, and such interest at the time of the transfer is to be treated as an individual retirement account of such spouse, and not of such individual. Thereafter such account, annuity, or bond for purposes of this subtitle is to be treated as maintained for the benefit of such spouse.</content></paragraph></subsection> <page identifier="/us/stat/88/963">88 <inline class="smallCaps">Stat.</inline> 963</page> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <heading><inline class="smallCaps">Tax Treatment of Accounts and Annuities.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">Exemption from tax.</inline>—</heading><content>Any individual retirement account is exempt from taxation under this subtitle unless such account has ceased to be an individual retirement account by reason of paragraph (2) or (3). Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s511">26 USC 511.</ref></p></sidenote> income of charitable, etc. organizations).</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Loss of exemption of account where employee engages in prohibited transaction.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><chapeau>If, during any taxable year of the individual for whose benefit any individual retirement account is established, that individual or his beneficiary engages in any transaction prohibited by section 4975 with respect to <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 971.</p></sidenote> such account, such account ceases to be an individual retirement account as of the first day of such taxable year. For purposes of this paragraph—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the individual for whose benefit any account was established is treated as the creator of such account, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the separate account for any individual within an individual retirement account maintained by an employer or association of employees is treated as a separate individual retirement account.</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Account treated as distributing all its assets.</inline>—</heading> <content>In any case in which any account ceases to be an individual retirement account by reason of subparagraph (A) as of the first day of any taxable year, paragraph (1) of subsection (d) applies as if there were a distribution on such first day in an amount equal to the fair market value (on such first day) of all assets in the account (on such first day).</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Effect of borrowing on annuity contract.</inline>—</heading><content>If during any taxable year the owner of an individual retirement annuity borrows any money under or by use of such contract, the contract ceases to be an individual retirement annuity as of the first day of such taxable year. Such owner shall include in gross income for such year an amount equal to the fair market value of such contract as of such first day.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <heading><inline class="smallCaps">Effect of pledging account as security.</inline>—</heading><content>If, during any taxable year of the individual for whose benefit an individual retirement account is established, that individual uses the account or any portion thereof as security for a loan, the portion so used is treated as distributed to that individual.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <heading><inline class="smallCaps">Purchase of endowment contract by individual retirement account.</inline>—</heading><chapeau>If the assets of an individual retirement account or any part of such assets are used to purchase an endowment contract for the benefit of the individual for whose benefit the account is established—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>to the extent that the amount of the assets involved in the purchase are not attributable to the purchase of life insurance, the purchase is treated as a rollover contribution described in subsection (d)(3), and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>to the extent that the amount of the assets involved in the purchase are attributable to the purchase of life, health, accident, or other insurance, such amounts are treated as distributed to that individual (but the provisions of subsection (f) do not apply).</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <heading><inline class="smallCaps">Commingling individual retirement account amounts in certain common trust funds and common investment funds.</inline>—</heading><content>Any common trust fund or common investment fund of <page identifier="/us/stat/88/964">88 <inline class="smallCaps">Stat.</inline> 964</page> individual retirement account assets which is exempt from taxation under this subtitle does not cease to be exempt on account of the participation or inclusion of assets of a trust exempt from taxation under section 501(a) which is described in section 401(a).<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501/s401">26 USC 501, 401.</ref></p></sidenote></content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <heading><inline class="smallCaps">Additional Tax on Certain Amounts Included in Gross Income Before Age 59½.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">Early distributions from an individual retirement account, etc.</inline>—</heading><content>If a distribution from an individual retirement account or under an individual retirement annuity to the individual for whose benefit such account or annuity was established is made before such individual attains age 59½, his tax under this chapter for the taxable year in which such distribution is received shall be increased by an amount equal to 10 percent of the amount of the distribution which is includible in his gross income for such taxable year.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Disqualification cases.</inline>—</heading><content>If an amount is includible in gross income for a taxable year under subsection (e) and the taxpayer has not attained age 59½ before the beginning of such taxable year, his tax under this chapter for such taxable year shall be increased by an amount equal to 10 percent of such amount so required to be included in his gross income.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Disability cases.</inline>—</heading><content>Paragraphs (1) and (2) do not apply if the amount paid or distributed, or the disqualification of the account or annuity under subsection (e), is attributable to the taxpayer becoming disabled within the meaning of section 72(m)(7).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="g">“(g)</num> <heading><inline class="smallCaps">Community Property Laws.</inline>—</heading><content>This section shall be applied without regard to any community property laws.</content></subsection> <subsection class="indent0 fontsize10"><num value="h">“(h)</num> <heading><inline class="smallCaps">Custodial Accounts.</inline>—</heading><content>For purposes of this section, a custodial account shall be treated as a trust if the assets of such account are held by a bank (as defined in section 401(d)(1)) or another person who demonstrates, to the satisfaction of the Secretary or his delegate, that the manner in which he will administer the account will be consistent with the requirements of this section, and if the custodial account would, except for the fact that it is not a trust, constitute an individual retirement account described in subsection (a). For purposes of this title, in the case of a custodial account treated as a trust by reason of the preceding sentence, the custodian of such account shall be treated as the trustee thereof.</content></subsection> <subsection class="indent0 fontsize10"><num value="i">“(i)</num> <heading><inline class="smallCaps">Reports.</inline>—</heading><content>The trustee of an individual retirement account and the issuer of an endowment contract described in subsection (b) or an individual retirement annuity shall make such reports regarding such account, contract, or annuity to the Secretary or his delegate and to the individuals for whom the account, contract, or annuity is, or is to be, maintained with respect to contributions, distributions, and such other matters as the Secretary or his delegate may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by those regulations.</content></subsection> <subsection class="indent0 fontsize10"><num value="j">“(j)</num> <heading><inline class="smallCaps">Cross References.</inline>—</heading> <paragraph class="indentUp1 fontsize8"><num value="1"><b>“(1)</b></num> <content><b>For tax on excess contributions in individual retirement accounts or annuities, see section 4973.</b></content></paragraph> <paragraph class="indentUp1 fontsize8"><num value="2"><b>“(2)</b></num> <content><b>For tax on certain accumulations in individual retirement accounts or annuities, see section 4974.”</b></content></paragraph></subsection></section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <heading><inline class="smallCaps">Retirement Bonds.</inline>—</heading><content>Subpart A of part I of subchapter D of chapter I (relating to retirement plans) is amended by inserting after section 408 the following new section:<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 959.</p></sidenote> <quotedContent> <section class="firstIndent0 fontsize10"> <num value="409">“SEC. 409.</num> <heading>RETIREMENT BONDS.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s409">26 USC 409.</ref></p></sidenote> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <heading><inline class="smallCaps">Retirement Bond.</inline>—</heading><chapeau>For purposes of this section and section 219(a), the term ‘retirement bond’ means a bond issued under the <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 958.</p></sidenote> <page identifier="/us/stat/88/965">88 <inline class="smallCaps">Stat.</inline> 965</page> Second Liberty Bond Act, as amended, which by its terms, or by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s774">31 USC 774.</ref></p></sidenote> regulations prescribed by the Secretary or his delegate under such Act—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>provides for payment of interest, or investment yield, only on redemption;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>provides that no interest, or investment yield, is payable if the bond is redeemed within 12 months after the date of its issuance;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <chapeau>provides that it ceases to bear interest, or provide investment yield on the earlier of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the date on which the individual in whose name it is purchased (hereinafter in this section referred to as the ‘registered owner’) attains age 70½; or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>5 years after the date on which the registered owner dies, but not later than the date on which he would have attained the age 70½ had he lived;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>provides that, except in the case of a rollover contribution described in subsection (b)(3)(C) or in section 402(a)(5), <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 991, <i>Post,</i> p. 969, <i>Ante,</i> p. 959.</p></sidenote> 403(a)(4), or 408(d)(3) the registered owner may not contribute for the purchase of such bonds in excess of $1,500 in any taxable year; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <content>is not transferable.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <heading><inline class="smallCaps">Income Tax Treatment of Bonds.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><content>Except as otherwise provided in this subsection, on the redemption of a retirement bond the entire proceeds shall be included in the gross income of the taxpayer entitled to the proceeds on redemption. If the registered owner has not tendered it for redemption before the close of the taxable year in which he attains age 70½, such individual shall include in his gross income for such taxable year the amount of proceeds he would have received if the bond had been redeemed at age 70½. The provisions of section 72 (relating to annuities) and section <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s72">26 USC 72.</ref></p></sidenote> 1232 (relating to bonds and other evidences of indebtedness) shall not apply to a retirement bond.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Basis.</inline>—</heading><content>The basis of a retirement bond is zero.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Exceptions.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">Redemption within 12 months.</inline>—</heading><content>If a retirement bond is redeemed within 12 months after the date of its issuance, the proceeds are excluded from gross income if no deduction is allowed under section 219 on account of the <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 958.</p></sidenote> purchase of such bond.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Redemption after age 70½.</inline>—</heading><content>If a retirement bond is redeemed after the close of the taxable year in which the registered owner attains age 70½, the proceeds from the redemption of the bond are excluded from the gross income of the registered owner to the extent that such proceeds were includible in his gross income for such taxable year.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <heading><inline class="smallCaps">Rollover into an individual retirement account or annuity or a qualified plan.</inline>—</heading><content>If a retirement bond is redeemed at any time before the close of the taxable year in which the registered owner attains age 70½, and the registered owner transfers the entire amount of the proceeds from the redemption of the bond to an individual retirement account described in section 408(a) or to an individual retirement <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 959.</p></sidenote> annuity described in section 408(b) (other than an endowment contract) which is maintained for the benefit of the registered owner of the bond, or to an employees’ trust described in section 401(a) which is exempt from tax under <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501/s403">26 USC 501, 403.</ref></p></sidenote> asection 501(a), or an annuity plan described in section 403(a) <page identifier="/us/stat/88/966">88 <inline class="smallCaps">Stat.</inline> 966</page> for the benefit of the registered owner, on or before the 60th day after the day on which he received the proceeds of such redemption, then the proceeds shall be excluded from gross income and the transfer shall be treated as a rollover contribution described in section 403(d)(3). This subparagraph does <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s403">26 USC 403.</ref></p></sidenote> not apply in the case of a transfer to such an employees’ trust or such an annuity plan unless no part of the value of such proceeds is attributable to any source other than a rollover contribution from such an employees’ trust or annuity plan (other than an annuity plan or a trust forming part of a plan under which the individual was an employee within the meaning of section 401(c)(1) at the time contributions were made on his behalf under the plan).</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <heading><inline class="smallCaps">Additional Tax on Certain Redemptions Before Age 59½.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">Early redemption of bond.</inline>—</heading><content>If a retirement bond is redeemed by the registered owner before he attains age 59½, his tax under this chapter for the taxable year in which the bond is redeemed shall be increased by an amount equal to 10 percent of the amount of the proceeds of the redemption includible in his gross income for the taxable year.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Disability cases.</inline>—</heading><content>Paragraph (1) does not apply for any taxable year during which the retirement bond is redeemed if, for that taxable year, the registered owner is disabled within the meaning of section 72(m)(7).<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s72">26 USC 72.</ref></p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Redemption within one year.</inline>—</heading><content>Paragraph (1) does not apply if the registered owner tenders the bond for redemption within 12 months after the date of its issuance.”.</content></paragraph></subsection></section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <heading><inline class="smallCaps">Excise Tax on Excess Contributions.</inline>—</heading><content>Chapter 43 (relating to qualified pension, etc., plans) is amended by inserting after section 4972 the following new section: <quotedContent> <section class="firstIndent0 fontsize10"><num value="4973">“SEC. 4973.</num> <heading>TAX ON EXCESS CONTRIBUTIONS TO INDIVIDUAL RETIREMENT ACCOUNTS, CERTAIN SECTION 493(b) CONTRACTS, CERTAIN INDIVIDUAL RETIREMENT ANNUITIES, AND CERTAIN RETIREMENT BONDS.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s4973">26 USC 4973.</ref></p></sidenote> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <heading><inline class="smallCaps">Tax Imposed.</inline>—</heading><chapeau>In the case of—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>an individual retirement account (within the meaning of section 408(a)),<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 959.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>an individual retirement annuity (within the meaning of section 408(b)), a custodial account treated as an annuity contract under section 403(b)(7)(A) (relating to custodial accounts <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 940.</p></sidenote> for regulated investment company stock), or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>a retirement bond (within the meaning of section 409), <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 964.</p></sidenote> established for the benefit of any individual, there is imposed for each taxable year a tax in an amount equal to 6 percent of the amount of the excess contributions to such individual’s accounts, annuities, or bonds (determined as of the close of the taxable year). The amount of such tax for any taxable year shall not exceed 6 percent of the value of the account, annuity, or bond (determined as of the close of the taxable year). In the case of an endowment contract described in section 408(b), the tax imposed by this section does not apply to any amount allocable to life, health, accident, or other insurance under such contract. The tax imposed by this subsection shall be paid by such individual.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <heading><inline class="smallCaps">Excess Contributions.</inline>—</heading><chapeau>For purposes of this section, in the case of individual retirement accounts, individual retirement annuities, or bonds, the term ‘excess contributions’ means the sum of—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <chapeau>the excess (if any) of—</chapeau> <page identifier="/us/stat/88/967">88 <inline class="smallCaps">Stat.</inline> 967</page> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the amount contributed for the taxable year to the accounts or for the annuities or bonds (other than a rollover contribution described in section 402(a)(5), 403(a)(4), 408(d)(3)), <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> pp. 991, 969; <i>Ante,</i> pp. 959, 964.</p></sidenote> or 409(b)(3)(C), over</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the amount allowable as a deduction under section 219 for such contributions, and</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>the amount determined under this subsection for the preceding taxable year, reduced by the excess (if any) of the maximum amount allowable as a deduction under section 219 for the <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 958.</p></sidenote> taxable year over the amount contributed to the accounts or for the annuities or bonds for the taxable year and reduced by the sum of the distributions out of the account (for all prior taxable years) which were included in the gross income of the payee under section 408(d)(1). for purposes of this paragraph, any contribution which is distributed out of the individual retirement account, individual retirement annuity, or bond in a distribution to which section 408(d)(4) applies shall be treated as an amount not contributed.”</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <heading><inline class="smallCaps">Section</inline> 403(b) <inline class="smallCaps">Contracts.</inline>—</heading><chapeau>For purposes of this section, in <sidenote><p class="indent0 firstIndent1 fontsize8">“Excess contributions.”</p></sidenote> the case of a custodial account referred to in subsection (a)(3), the term ‘excess contributions’ means the sum of—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>the excess (if any) of the amount contributed for the taxable year to such account, over the lesser of the amount excludable from gross income under section 403(b) or the amount permitted <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s403">26 USC 403.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 979.</p></sidenote> to be contributed under the limitations contained in section 415 (or under whichever such section is applicable, if only one is applicable), and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <chapeau>the amount determined under this subsection for the preceding taxable year, reduced by—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the excess (if any) of the lesser of (i) the amount excludable from gross income under section 403(b) or (ii) the amount permitted to be contributed under the limitations contained in section 415 over the amount contributed to the account for the taxable year (or under whichever such section is applicable, if only one is applicable), and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the sum of the distributions out of the account (for all prior taxable years) which are included in gross income under section 72(e).”<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s72">26 USC 72.</ref></p></sidenote></content></subparagraph></paragraph></subsection></section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <heading><inline class="smallCaps">Excise Tax on Excessive Accumulations.</inline>—</heading><content>Chapter 43 is amended by inserting after section 4973 the following new section: <quotedContent> <section class="firstIndent0 fontsize10"> <num value="4974">“SEC. 4974.</num> <heading>EXCISE TAX ON CERTAIN ACCUMULATIONS IN INDIVIDUAL RETIREMENT ACCOUNTS OR ANNUITIES.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s4974">26 USC 4974.</ref></p></sidenote> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <heading><inline class="smallCaps">Imposition of Tax.</inline>—</heading><content>If, in the case of an individual retirement account or individual retirement annuity, the amount distributed during the taxable year of the payee is less than the minimum amount required to be distributed under section 408(a)(6) or (7), or 408(b)(3) <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 959.</p></sidenote> or (4) during such year, there is imposed a tax equal to 50 percent of the amount by which the minimum amount required to be distributed during such year exceeds the amount actually distributed during the year. The tax imposed by this section shall be paid by such payee.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <heading><inline class="smallCaps">Regulations.</inline>—</heading><content>For purposes of this section, the minimum amount required to be distributed during a taxable year under section 408(a)(6) or (7) or 408(b)(3) or (4) shall be determined under regulations prescribed by the Secretary or his delegate.”.</content></subsection></section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <heading><inline class="smallCaps">Penalty for Failure To Provide Reports on Individual Retirement Accounts.</inline>—</heading><content>Subchapter B of chapter 68 (relating to assessable penalties) is amended by adding at the end thereof the following new section:<page identifier="/us/stat/88/968">88 <inline class="smallCaps">Stat.</inline> 968</page> <quotedContent> <section class="firstIndent0 fontsize10"> <num value="6693">“SEC. 6693.</num> <heading>FAILURE TO PROVIDE REPORTS ON INDIVIDUAL RETIREMENT ACCOUNTS OR ANNUITIES.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6693">26 USC 6693.</ref></p></sidenote> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <content>The person required by section 408(i) to file a report regarding <sidenote><p class="indent0 firstIndent1 fontsize8">Penalty.</p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 959.</p></sidenote> an individual retirement account or individual retirement annuity at the time and in the manner required by section 408(i) shall pay a penalty of $10 for each failure unless it is shown that such failure is due to reasonable cause.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <heading><inline class="smallCaps">Deficiency Procedures Not To Apply.</inline>—</heading><content>Subchapter B of chapter 63 (relating to deficiency procedures for income, estate, gift, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6211">26 USC 6211.</ref></p></sidenote> and certain excise taxes) does not apply to the assessment or collection of any penalty imposed by subsection (a).”.</content></subsection></section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <heading><inline class="smallCaps">Conforming Amendments.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <chapeau>Section 37(c)(1) (defining retirement income) is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s37">26 USC 37.</ref></p></sidenote></chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>by striking out “<quotedText>and</quotedText>” at the end of subparagraph (D),</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>by adding at the end of subparagraph (E) the following: “<quotedText>retirement bonds described in section 409, and</quotedText>”, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>by adding at the end thereof the following new paragraph: <quotedContent> <subparagraph class="indentUp1 fontsize10"><num value="F">“(F)</num> <content>an individual retirement account described in section 408(a) or an individual retirement annuity described in section 408(b), or”.</content></subparagraph> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>The second sentence of section 46(a)(3) and the second sentence of section 50A(a)(3), as each is amended by sections 2001(g)(2)(B) <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s46/s50A">26 USC 46, 50A.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 952, <i>Post,</i> p. 987.</p></sidenote> and 2005(c)(4) of this Act, are each amended by inserting after “<quotedText>owner-employees,</quotedText>” the following: “<quotedText>section 408(e) (relating to additional tax on income from certain retirement accounts),</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>The third sentence of section 901(a), as amended by section <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s901">26 USC 901.</ref></p></sidenote> 2005(c)(5) of this Act, is amended by inserting “<quotedText>against the tax imposed for the taxable year by section 408(f) (relating to additional tax on income from certain retirement accounts),</quotedText>” before “<quotedText>against the tax imposed by section 531</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>Subparagraph (A) of section 56(a)(2) and paragraph (1) <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s56">26 USC 56.</ref></p></sidenote> of section 56(c) are each amended by striking out “<quotedText>531</quotedText>” and inserting in lieu thereof “<quotedText>408(f), 531,</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>Section 402(a) (relating to taxability of beneficiary of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s402">26 USC 402.</ref></p></sidenote> exempt trust), as amended by section 2005(c)(2) of this Act, is amended by inserting after paragraph (5) the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><num value="5">“(5)</num> <heading><inline class="smallCaps">Rollover amounts.</inline>—</heading><chapeau>In the case of an employees’ trust described in section 401(a) which is exempt from tax under section 501(a), <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the balance to the credit of an employee is paid to him on one or more distributions which constitute a lump sum distribution within the meaning of subsection (e)(4)(A) (determined without reference to subsection (e)(4)(B)),</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num><clause class="inline"><num value="i">(i)</num> <content class="inline">the employee transfers all the property he receives in such distribution to an individual retirement account described in section 408(a), an individual retirement annuity described in section 408(b) (other than an endowment contract), or a retirement bond described in section 409, on or before the 60th day after the day on which he received such property, to the extent the fair market value of such property exceeds the amount referred to in subsection (e)(4)(D)(i), or</content></clause> <clause class="indent0 fontsize10"><num value="ii">“(ii)</num> <content>the employee transfers all the property he receives in such distribution to an employees’ trust described in section 401(a) which is exempt from tax under section 501(a), <page identifier="/us/stat/88/969">88 <inline class="smallCaps">Stat.</inline> 969</page> or to an annuity plan described in section 403(a) on or before <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s403">26 USC 403.</ref></p></sidenote> the 60th day after the day on which he received such property, to the extent the fair market value of such property exceeds the amount referred to in subsection (e)(4)(D)(i), and</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>the amount so transferred consists of the property (other than money) distributed, to the extent that the fair market value of such property does not exceed the amount required to be transferred pursuant to subparagraph (B),</content></subparagraph> <continuation class="indent0 fontsize10">then such distributions are not includible in gross income for the year in which paid. For purposes of this title, a transfer described in subparagraph (B)(i) shall be treated as a rollover contribution as described in section 408(d)(3). Subparagraph (B)(ii) <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 959.</p></sidenote> does not apply in the case of a transfer to an employees’ trust, or annuity plan if any part of the lump sum distribution described in subparagraph (A) is attributable to a trust forming part of a plan under which the employee was an employee within the meaning of section 401(c)(1) at the time contributions were made on his behalf under the plan.”</continuation></paragraph> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>Section 403(a) (relating to taxation of employee annuities) is amended by adding after paragraph (3) the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <heading><inline class="smallCaps">Rollover amounts.</inline>—</heading><chapeau>In the case of an employee annuity described in 403(a), if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the balance to the credit of an employee is paid to him in one or more distributions which constitute a lump sum distribution within the meaning of section 402(e)(4)(A) <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s402">26 USC 402.</ref></p></sidenote> determined without reference to section 402(e)(4)(B),</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num><clause class="inline"><num value="i">(i)</num> <content class="inline">the employee transfers all the property he receives in such distribution to an individual account described in section 408(a), an individual retirement annuity described in section 408(b) (other than an endowment contract), or a retirement bond described in section 409, on <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 964.</p></sidenote> or before the 60th day after the day on which he received such property to the extent the fair market value of such property exceeds the amount referred to in section 402(e)(4)(D)(i), or</content></clause> <clause class="indent0 fontsize10"><num value="ii">“(ii)</num> <content>the employee transfers all the property he receives in such distribution to an employees’ trust described in section 401(a) which is exempt from tax under section 501(a), or to an annuity plan described in subsection (a) on or before the 60th day after the day on which he received such property to the extent the fair market value of such property exceeds the amount referred to in section 402(e)(4)(D)(i), and</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>the amount so transferred consists of the property distributed to the extent that the fair market value of such property does not exceed the amount required to be transferred pursuant to subparagraph (B),</content></subparagraph> <continuation><p class="firstIndent0 fontsize10">then such distribution is not includible in gross income for the year in which paid. For purposes of this title, a transfer described in subparagraph (B)(i) shall be treated as a rollover contribution described in section 408(d)(3).</p> <p class="firstIndent0 fontsize10">Subparagraph (B)(ii) does not apply in the case of a transfer to an employees’ trust, or annuity plan if any part of the lump sum distribution described in subparagraph (A) is attributable to an annuity plan under which the employee was an employee within the meaning of section 401(c)(1) at the time contributions were made on his behalf under the plan.”.</p></continuation></paragraph> </quotedContent> </content> </paragraph> <page identifier="/us/stat/88/970">88 <inline class="smallCaps">Stat.</inline> 970</page> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>Section 3401(a)(12) (relating to exemption from collection <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s3401">26 USC 3401.</ref></p></sidenote> of income tax at source on certain wages) is amended by adding at the end thereof the following new subparagraph: <quotedContent> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>for a payment described in section 219(a) if, at the <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 958.</p></sidenote> time of such payment, it is reasonable to believe that the employee will be entitled to a deduction under such section for payment; or”.</content></subparagraph> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <content>Section 6047 (relating to information relating to certain <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6047">26 USC 6047.</ref></p></sidenote> trusts and annuity and bond purchase plans) is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <heading><inline class="smallCaps">Other Programs.</inline>—</heading><content>To the extent provided by regulations prescribed by the Secretary or his delegate, the provisions of this section apply with respect to any payment described in section 219(a) and to transactions of any trust described in section 408(a) or under <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 959.</p></sidenote> an individual retirement annuity described in section 408(b).”.</content></subsection> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">(9)</num> <content>Section 805(d)(1) (relating to definition of pension plan <sidenote><p class="indent0 firstIndent1 fontsize8">Pension plan reserves.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s805">26 USC 805.</ref></p></sidenote> reserves) is amended by striking out “<quotedText>or</quotedText>” at the end of subparagraph (C), by striking out “<quotedText>foregoing.</quotedText>” at the end of subparagraph (D) and inserting in lieu thereof “<quotedText>foregoing; or</quotedText>”, and by adding at the end thereof the following new subparagraph: <quotedContent> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <content>purchased under contracts entered into with trusts which (at the time the contracts were entered into) were individual retirement accounts described in section 408(a) or under contracts entered into with individual retirement annuities described in section 408(b).”</content></subparagraph> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="10">(10)</num> <chapeau>Section 72 (relating to annuities) is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s72">26 USC 72.</ref></p></sidenote></chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>by inserting after “<quotedText>501(a)</quotedText>” in subsection (m)(4)(A) “<quotedText>, an individual retirement amount described in section 408(a), an individual retirement annuity described in section 408(b)</quotedText>”.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>by striking out at the end of subsection (m)(6) “<quotedText>401(c)(3)</quotedText>” and inserting in lieu thereof “<quotedText>401(c)(3) and includes an individual for whose benefit an individual retirement account or annuity described in section 408 (a) or (b) is maintained</quotedText>”.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="11">(11)</num> <content>Section 801(g)(7) (relating to basis of assets held for <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s801">26 USC 801.</ref></p></sidenote> qualified pension plan contracts) is amended by striking out “<quotedText>or (D)</quotedText>” and inserting in lieu thereof “<quotedText>(D), or (E)</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num> <heading><inline class="smallCaps">Clerical Amendments.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>The table of sections for part VII of subchapter B of chapter 1 is amended by striking out the item relating to section 219 and inserting in lieu thereof the following: <quotedContent> <toc> <referenceItem role="section"><designator>“Sec. 219.</designator> <label>Retirement savings.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 220.</designator> <label>Cross references.”.</label></referenceItem> </toc> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>The table of sections for subpart A of part I of subchapter D of chapter 1 is amended by adding at the end thereof the following: <quotedContent> <toc> <referenceItem role="section"><designator>“Sec. 408.</designator> <label>Individual retirement accounts.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 409.</designator> <label>Retirement bonds.”.</label></referenceItem> </toc> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>The table of sections for chapter 43 is amended by inserting after the item relating to section 4972 the following new items: <quotedContent> <toc> <referenceItem role="section"><designator>“Sec. 4973.</designator> <label>Tax on excess contributions to individual retirement accounts, certain 403(b) contracts, certain individual retirement annuities, and certain retirement bonds.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 4974.</designator> <label>Tax on certain accumulations in individual retirement accounts.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 4975.</designator> <label>Tax on prohibited transactions.”,</label></referenceItem> </toc> </quotedContent> </content> </paragraph> <page identifier="/us/stat/88/971">88 <inline class="smallCaps">Stat.</inline> 971</page> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>The table of sections for subchapter B of chapter 68 is amended by adding at the end thereof the following new item: <quotedContent> <toc> <referenceItem role="section"><designator>“Sec. 6693.</designator> <label>Failure to provide reports on individual retirement accounts or annuities.”.</label></referenceItem> </toc> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="i">(i)</num> <heading><inline class="smallCaps">Effective Dates.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>The amendments made by subsections (a), (b), and (c) <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s219">26 USC 219</ref> note.</p></sidenote> apply to taxable years beginning after December 31, 1974.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>The amendments made by subsections (d) through (h) <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s4973">26 USC 4973</ref> note.</p></sidenote> except subsection (g)(5) and (6) shall take effect on January 1, 1975.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>The amendments made by subsection (g)(5) and (6) <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s402">26 USC 402</ref> note.</p></sidenote> shall apply on and after the date of enactment of this Act with respect to contributions to an employees’ trust described in section 401(a) of the Internal Revenue Code of 1954 which is exempt from tax under section 501(a) of such Code or an annuity plan described in section 403(a) of such Code.</content></paragraph></subsection> </section> <section class="firstIndent0 fontsize10"><num value="2003">SEC. 2003.</num> <heading>PROHIBITED TRANSACTIONS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a)</num> <heading><inline class="smallCaps">Excise Tax on Prohibited Transactions.</inline>—</heading><content>Chapter 43 (relating to qualified pension, etc., plans) is amended by adding after section 4974 the following new section: <quotedContent> <section class="firstIndent0 fontsize10"><num value="4975">“SEC. 4975.</num> <heading>TAX ON PROHIBITED TRANSACTIONS.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s4975">26 USC 4975.</ref></p></sidenote> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <heading><inline class="smallCaps">Initial Taxes on Disqualified Person.</inline>—</heading><content>There is hereby imposed a tax on each prohibited transaction. The rate of tax shall be equal to 5 percent of the amount involved with respect to the prohibited transaction for each year (or part thereof) in the taxable period. The tax imposed by this subsection shall be paid by any disqualified person who participates in the prohibited transaction (other than a fiduciary acting only as such).</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <heading><inline class="smallCaps">Additional Taxes on Disqualified Person.</inline>—</heading><content>In any case in which an initial tax is imposed by subsection (a) on a prohibited transaction and the transaction is not corrected within the correction period, there is hereby imposed a tax equal to 100 percent of the amount involved. The tax imposed by this subsection shall be paid by any disqualified person who participated in the prohibited transaction (other than a fiduciary acting only as such).</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <heading><inline class="smallCaps">Prohibited Transaction.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">General rule.</inline>—</heading><chapeau>For purposes of this section, the term ‘prohibited transaction’ means any direct or indirect—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>sale or exchange, or leasing, of any property between a plan and a disqualified person;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>lending of money or other extension of credit between a plan and a disqualified person;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>furnishing of goods, services, or facilities between a plan and a disqualified person;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>transfer to, or use by or for the benefit of, a disqualified person of the income or assets of a plan;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <content>act by a disqualified person who is a fiduciary whereby he deals with the income or assets of a plan in his own interest or for his own account; or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="F">“(F)</num> <content>receipt of any consideration for his own personal account by any disqualified person who is a fiduciary from any party dealing with the plan in connection with a transaction involving the income or assets of the plan.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Special exemption.</inline>—</heading><chapeau>The Secretary or his delegate shall establish an exemption procedure for purposes of this subsection. Pursuant to such procedure, he may grant a conditional or unconditional exemption of any disqualified person or transaction, <page identifier="/us/stat/88/972">88 <inline class="smallCaps">Stat.</inline> 972</page> orders of disqualified persons or transactions, from all or part of the restrictions imposed by paragraph (1) of this subsection. Action under this subparagraph may be taken only after consultation and coordination with the Secretary of Labor. The Secretary <sidenote><p class="indent0 firstIndent1 fontsize8">Exemption.</p></sidenote> or his delegate may not grant an exemption under this paragraph unless he finds that such exemption is—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>administratively feasible,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>in the interests of the plan and of its participants and beneficiaries, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>protective of the rights of participants and beneficiaries of the plan.</content></subparagraph> <continuation class="indent0 fontsize10">Before granting an exemption under this paragraph, the Secretary <sidenote><p class="indent0 firstIndent1 fontsize8">Notice, publication in Federal Register.</p></sidenote> or his delegate shall require adequate notice to be given to interested persons and shall publish notice in the Federal Register of the pendency of such exemption and shall afford interested persons an opportunity to present views. No exemption may be granted under this paragraph with respect to a transaction described in subparagraph (E) or (F) of paragraph (1) unless the Secretary or his delegate affords an opportunity for a hearing and makes a determination on the record with respect to the findings required under subparagraphs (A), (B), and (C) of this paragraph, except that in lieu of such hearing the Secretary or his delegate may accept any record made by the Secretary of Labor with respect to an application for exemption under section 408(a) of title I of the Employee Retirement Income Security Act of 1974.</continuation><sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 883.</p></sidenote></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Special rule for individual retirement accounts.</inline>—</heading><content>An individual for whose benefit an individual retirement account is established and his beneficiaries shall be exempt for the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be an individual retirement account by reason of the application of section 408(e)(2)(A) or if section 408(e)(4) applies to such account.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <heading><inline class="smallCaps">Exemptions.</inline>—</heading><chapeau>The prohibitions provided in subsection (c) shall not apply to—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <chapeau>any loan made by the plan to a disqualified person who is a participant or beneficiary of the plan if such loan—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>is available to all such participants or beneficiaries on a reasonably equivalent basis,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>is not made available to highly compensated employees, officers, or shareholders in an amount greater than the amount made available to other employees,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>is made in accordance with specific provisions regarding such loans set forth in the plan,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>bears a reasonable rate of interest, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <content>is adequately secured;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>any contract, or reasonable arrangement, made with a disqualified person for office space, or legal, accounting, or other services necessary for the establishment or operation of the plan, if no more than reasonable compensation is paid therefor;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <chapeau>any loan to an employee stock ownership plan (as defined in subsection (e)(7)), if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>such loan is primarily for the benefit of participants and beneficiaries of the plan, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>such loan is at a reasonable rate of interest, and any collateral which is given to a disqualified person by the plan consists only of qualifying employer securities (as defined in subsection (e)(8));</content></subparagraph></paragraph> <page identifier="/us/stat/88/973">88 <inline class="smallCaps">Stat.</inline> 973</page> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <chapeau>the investment of all or part of a plan’s assets in deposits which bear a reasonable interest rate in a bank or similar financial institution supervised by the United States or a State, if such bank or other institution is a fiduciary of such plan and if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the plan covers only employees of such bank or other institution and employees of affiliates of such bank or other institution, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>such investment is expressly authorized by a provision of the plan or by a fiduciary (other than such bank or institution or affiliates thereof) who is expressly empowered by the plan to so instruct the trustee with respect to such investment;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <chapeau>any contract for life insurance, health insurance, or annuities with one or more insurers which are qualified to do business in a State if the plan pays no more than adequate consideration, and if each such insurer or insurers is—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the employer maintaining the plan, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>a disqualified person which is wholly owned (directly or indirectly) by the employer establishing the plan, or by any person which is a disqualified person with respect to the plan, but only if the total premiums and annuity considerations written by such insurers for life insurance, health insurance, or annuities for all plans (and their employers) with respect to which such insurers are disqualified persons (not including premiums or annuity considerations written by the employer maintaining the plan) do not exceed 5 percent of the total premiums and annuity considerations written for all lines of insurance in that year by such insurers (not including premiums or annuity considerations written by the employer maintaining the plan);</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <chapeau>the provision of any ancillary service by a bank or similar financial institution supervised by the United States or a State, if such service is provided at not more than reasonable compensation, if such bank or other institution is a fiduciary of such plan, and if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>such bank or similar financial institution has adopted adequate internal safeguards which assure that the provision of such ancillary service is consistent with sound banking and financial practice, as determined by Federal or State supervisory authority, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <chapeau>the extent to which such ancillary service is provided is subject to specific guidelines issued by such bank or similar financial institution (as determined by the Secretary or his delegate after consultation with Federal and State supervisory authority), and under such guidelines the bank or similar financial institution does not provide such ancillary service—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>in an excessive or unreasonable manner, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>in a manner that would be inconsistent with the best interests of participants and beneficiaries of employee benefit plans;</content></clause></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">“(7)</num> <content>the exercise of a privilege to convert securities, to the extent provided in regulations of the Secretary or his delegate, but only if the plan receives no less than adequate consideration pursuant to such conversion;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">“(8)</num> <chapeau>any transaction between a plan and a common or collective trust fund or pooled investment fund maintained by a disqualified person which is a bank or trust company supervised by a State or <page identifier="/us/stat/88/974">88 <inline class="smallCaps">Stat.</inline> 974</page> Federal agency or between a plan and a pooled investment fund of an insurance company qualified to do business in a State if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the transaction is a sale or purchase of an interest in the fund,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the bank, trust company, or insurance company receives not more than reasonable compensation, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>such transaction is expressly permitted by the instrument under which the plan is maintained, or by a fiduciary (other than the bank, trust company, or insurance company, or an affiliate thereof) who has authority to manage and control the assets of the plan;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">“(9)</num> <content>receipt by a disqualified person of any benefit to which he may be entitled as a participant or beneficiary in the plan, so long as the benefit is computed and paid on a basis which is consistent with the terms of the plan as applied to all other participants and beneficiaries;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="10">“(10)</num> <content>receipt by a disqualified person of any reasonable compensation for services rendered, or for the reimbursement of expenses properly and actually incurred, in the performance of his duties with the plan, but no person so serving who already receives full-time pay from an employer or an association of employers, whose employees are participants in the plan, or from an employee organization whose members are participants in the plan shall receive compensation from such plan, except for reimbursement of expenses properly and actually incurred;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="11">“(11)</num> <content>service by a disqualified person as a fiduciary in addition to being an officer, employee, agent, or other representative of a disqualified person;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="12">“(12)</num> <content>the making by a fiduciary of a distribution of the assets of the trust in accordance with the terms of the plan if such assets are distributed in the same manner as provided under section 4044 of title IV of the Employee Retirement Income Security Act of 1974 (relating to allocation of assets); or<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1025.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="13">“(13)</num> <content>any transaction which is exempt from section 406 of such <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s406">26 USC 406.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 959.</p></sidenote> Act by reason of section 408(e) of such Act (or which would be so exempt if such section 406 applied to such transaction).</content></paragraph> <continuation class="indent0 fontsize10">The exemptions provided by this subsection (other than paragraphs (9) and (12) shall not apply to any transaction with respect to a trust described in section 401(a) which is part of a plan providing contributions or benefits for employees some or all of whom are owner-employees (as defined in section 401(c) (3)) in which a plan directly or indirectly lends any part of the corpus or income of the plan to, pays any compensation for personal services rendered to the plan to, or acquires for the plan any property from or sells any property to, any such owner-employee, a member of the family (as defined in section 267(c) (4)) of any such owner-employee, or a corporation controlled <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s267">26 USC 267.</ref></p></sidenote> by any such owner-employee through the ownership, directly or indirectly, of 50 percent or more of the total combined voting power of all classes of stock entitled to vote or 50 percent or more of the total value of shares of all classes of stock of the corporation. For purposes of the preceding sentence, a shareholder-employee (as defined in section 1379), a participant or beneficiary of an individual retirement <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1379">26 USC 1379.</ref></p></sidenote> account, individual retirement annuity, on an individual retirement bond (as defined in section 408 or 409), and an employer or association of employees which establishes such an account or annuity under section 408(c) shall be deemed to be an owner-employee.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <heading><inline class="smallCaps">Definitions.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">Plan.</inline>—</heading><content>For purposes of this section, the term ‘plan’ means a trust described in section 401(a) which forms a part of a plan, <page identifier="/us/stat/88/975">88 <inline class="smallCaps">Stat.</inline> 975</page> or a plan described in section 403(a), or 405(a), which trust or <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 969.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s405">26 USC 405.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 959.</p></sidenote> plan is exempt from tax under section 501(a), an individual retirement account described in section 408(a), or an individual retirement annuity described in section 408(b) or a retirement bond described in section 409 (or a trust, plan, account, annuity, or bond which, at any time, has been determined by the Secretary or his delegate to be such a trust, plan, account, or bond).</content><sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 964.</p></sidenote></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Disqualified person.</inline>—</heading><chapeau>For purposes of this section, the term ‘disqualified person’ means a person who is—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>a fiduciary;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>a person providing services to the plan;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>an employer any of whose employees are covered by the plan;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>an employee organization any of whose members are covered by the plan;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <chapeau>an owner, direct or indirect, of 50 percent or more of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the combined voting power of all classes of stock entitled to vote or the total value of shares of all classes of stock of a corporation,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the capital interest or the profits interest of a partnership, or</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>the beneficial interest of a trust or unincorporated enterprise,</content></clause> <continuation class="indent0 fontsize10">which is an employer or an employee organization described in subparagraph (C) or (D);</continuation></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="F">“(F)</num> <content>a member of the family (as defined in paragraph (6)) of any individual described in subparagraph (A), (B), (C), or (E);</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="G">“(G)</num> <chapeau>a corporation, partnership, or trust or estate of which (or in which) 50 percent or more of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the combined voting power of all classes of stock entitled to vote or the total value of shares of all classes of stock of such corporation,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the capital interest or profits interest of such partnership, or</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>the beneficial interest of such trust or estate,</content></clause> <continuation class="indent0 fontsize10">is owned directly or indirectly, or held by persons described in subparagraph (A), (B), (C), (D), or (E);</continuation></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="H">“(H)</num> <content>an officer, director (or an individual having powers or responsibilities similar to those of officers or directors), a 10 percent or more shareholder, or a highly compensated employee (earning 10 percent or more of the yearly wages of an employer) of a person described in subparagraph (C), (D), (E), or (G); or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="I">“(I)</num> <content>a 10 percent or more (in capital or profits) partner or joint venturer of a person described in subparagraph (C), (D), (E), or (G).</content></subparagraph> <continuation class="indent0 fontsize10">The Secretary, after consultation and coordination with the Secretary of Labor or his delegate, may by regulation prescribe a percentage lower than 50 percent for subparagraphs (E) and (G) and lower than 10 percent for subparagraphs (H) and (I).</continuation></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Fiduciary.</inline>—</heading><chapeau>For purposes of this section, the term ‘fiduciary’ means any person who—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>exercises any discretionary authority or discretionary control respecting management of such plan or exercises any authority or control respecting management or disposition of its assets,</content></subparagraph> <page identifier="/us/stat/88/976">88 <inline class="smallCaps">Stat.</inline> 976</page> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>renders investment advice for a fee or other compensation, direct or indirect, with respect to any moneys or other property of such plan, or has any authority or responsibility to do so, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>has any discretionary authority or discretionary responsibility in the administration of such plan.</content></subparagraph> <continuation class="indent0 fontsize10">Such term includes any person designated under section 405(c)(1)(B) of the Employee Retirement Income Security Act of 1974.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 878.</p></sidenote></continuation></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <heading><inline class="smallCaps">Stockholdings.</inline>—</heading><content>For purposes of paragraphs (2)(E)(i) and (G)(i) there shall be taken into account indirect stockholdings which would be taken into account under section 267(c), <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s267">26 USC 267.</ref></p></sidenote> except that, for purposes of this paragraph, section 267(c)(4) shall be treated as providing that the members of the family of an individual are the members within the meaning of paragraph (6).</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <heading><inline class="smallCaps">Partnerships; trusts.</inline>—</heading><content>For purposes of paragraphs (2)(E)(ii) and (iii), (G)(ii) and (iii), and (I) the ownership of profits or beneficial interest shall be determined in accordance with the rules for constructive ownership of stock provided in section 267(c) (other than paragraph (3) thereof), except that section 267(c)(4) shall be treated as providing that the members of the family of an individual are the members within the meaning of paragraph (6).</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <heading><inline class="smallCaps">Member of family.</inline>—</heading><content>For purposes of paragraph (2)(F), the family of any individual shall include his spouse, ancestor, lineal descendant, and any spouse of a lineal descendant.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">“(7)</num> <heading><inline class="smallCaps">Employee stock ownership plan.</inline>—</heading><chapeau>The term ‘employee stock ownership plan’ means a defined contribution plan—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>which is a stock bonus plan which is qualified, or a stock bonus plan and money purchase plan both of which are qualified under section 401(a), and which are designed to <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 953.</p></sidenote> invest primarily in qualifying employer securities; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>which is otherwise defined in regulations prescribed by the Secretary or his delegate.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">“(8)</num> <heading><inline class="smallCaps">Qualifying employer security.</inline>—</heading><chapeau>The term ‘qualifying employer security’ means an employer security which is—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>stock or otherwise an equity security, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>a bond, debenture, note, or certificate or other evidence of indebtedness which is described in paragraphs (1), <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s503">26 USC 503.</ref></p></sidenote> (2), and (3) of section 503(e).</content></subparagraph> <continuation class="indent0 fontsize10">If any moneys or other property of a plan are invested in shares of an investment company registered under the Investment Company Act of 1940, the investment shall not cause that investment <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s80a–51">15 USC 80a–51.</ref></p></sidenote> company or that investment company’s investment adviser or principal underwriter to be treated as a fiduciary or a disqualified person for purposes of this section, except when an investment company or its investment adviser or principal underwriter acts in connection with a plan covering employees of the investment company, its investment adviser, or its principal underwriter.</continuation></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <heading><inline class="smallCaps">Other Definitions and Special Rules.</inline>—</heading><chapeau>For purposes of this section—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">Joint and several liability.</inline>—</heading><content>If more than one person is liable under subsection (a) or (b) with respect to any one prohibited transaction, all such persons shall be jointly and severally liable under such subsection with respect to such transaction.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Taxable Period.</inline>—</heading><chapeau>The term ‘taxable period’ means, with respect to any prohibited transaction, the period beginning with <page identifier="/us/stat/88/977">88 <inline class="smallCaps">Stat.</inline> 977</page> the date on which the prohibited transaction occurs and ending on the earlier of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the date of mailing of a notice of deficiency pursuant to section 6212, with respect to the tax imposed by subsection <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6212">26 USC 6212.</ref></p></sidenote> (a), or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the date on which correction of the prohibited transaction is completed.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Sale or exchange; encumbered property.</inline>—</heading><content>A transfer of real or personal property by a disqualified person to a plan shall be treated as a sale or exchange if the property is subject to a mortgage or similar lien which the plan assumes or if it is subject to a mortgage or similar lien which a disqualified person placed on the property within the 10-year period ending on the date of the transfer.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <heading><inline class="smallCaps">Amount Involved.</inline>—</heading><chapeau>The term ‘amount involved’ means, with respect to a prohibited transaction, the greater of the amount of money and the fair market value of the other property given or the amount of money and the fair market value of the other property received; except that, in the case of services described in paragraphs (2) and (10) of subsection (d) the amount involved shall be only the excess compensation. For purposes of the preceding sentence, the fair market value—<sidenote><p class="indent0 firstIndent1 fontsize8">Fair market value.</p></sidenote></chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>in the case of the tax imposed by subsection (a), shall be determined as of the date on which the prohibited transaction occurs; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>in the case of the tax imposed by subsection (b), shall be the highest fair market value during the correction period.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <heading><inline class="smallCaps">Correction.</inline>—</heading><content>The terms ‘correction’ and ‘correct’ mean, with respect to a prohibited transaction, undoing the transaction to the extent possible, but in any case placing the plan in a financial position not worse than that in which it would be if the disqualified person were acting under the highest fiduciary standards.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <heading><inline class="smallCaps">Correction period.</inline>—</heading><chapeau>The term ‘correction period’ means, with respect to a prohibited transaction, the period beginning with the date on which the prohibited transaction occurs and ending 90 days after the date of mailing of a notice of deficiency with respect to the tax imposed by subsection (b) under section 6212, extended by—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>any period in which a deficiency cannot be assessed under section 6213(a), and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>any other period which the Secretary or his delegate determines is reasonable and necessary to bring about the correction of the prohibited transaction.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="g">“(g)</num> <heading><inline class="smallCaps">Application of Section.</inline>—</heading><chapeau>This section shall not apply—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>in the case of a plan to which a guaranteed benefit policy (as defined in section 401(b)(2)(B) of the Employee Retirement Income Security Act of 1974) is issued, to any assets of the insurance <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 874.</p></sidenote> company, insurance service, or insurance organization merely because of its issuance of such policy;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>to a governmental plan (within the meaning of section 414(d)); or<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 925.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>to a church plan (within the meaning of section 414(e)) with respect to which the election provided by section 410(d) has <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 898.</p></sidenote> not been made.</content></paragraph> <continuation class="indent0 fontsize10">In the case of a plan which invests in any security issued by an investment company registered under the Investment Company Act of 1940, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s80a–51">15 USC 80a–51.</ref></p></sidenote> the assets of such plan shall be deemed to include such security but shall not, by reason of such investment, be deemed to include any assets of such company.</continuation></subsection> <page identifier="/us/stat/88/978">88 <inline class="smallCaps">Stat.</inline> 978</page> <subsection class="indent0 fontsize10"><num value="h">“(h)</num> <heading><inline class="smallCaps">Notification of Secretary of Labor.</inline>—</heading><content>Before sending a notice of deficiency with respect to the tax imposed by subsection (a) or (b), the Secretary or his delegate shall notify the Secretary of Labor and provide him a reasonable opportunity to obtain a correction of the prohibited transaction or to comment on the imposition of such tax.</content></subsection> <subsection class="indent0 fontsize10"><num value="i">“(i)</num> <heading><inline class="smallCaps">Cross Reference.</inline>—</heading> <content><list><listItem class="indentUp2 fontsize8"><listContent class="indentUp1"><b>“For provisions concerning coordination procedures between Secretary of Labor and Secretary of Treasury with respect to application of tax imposed by this section and for authority to waive imposition of the tax imposed by subsection (b), see section 3003 of the Employee Retirement Income Security Act of 1974.”</b></listContent></listItem></list></content></subsection></section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Amendment of Section 503.</inline>—</heading><chapeau>Section 503 (relating to requirements <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s503">26 USC 503.</ref></p></sidenote> for exemption) is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>or (18)</quotedText>” in subsection (a)(1)(A),</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by amending subsection (a)(1)(B) by inserting “<quotedText>which is referred to in section 4975(g) (2) or (3)</quotedText>” after “<quotedText>described in section 401(a)</quotedText>”,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by striking out “<quotedText>or section 401</quotedText>” in subsection (a)(2) and inserting in lieu thereof “<quotedText>or paragraph (1)(B)</quotedText>”,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>by striking out “<quotedText>or section 401</quotedText>” in subsection (c) and inserting in lieu thereof “<quotedText>or subsection (a)(1)(B)</quotedText>”, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>by striking out subsection (g).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <heading><inline class="smallCaps">Effective Date and Savings Provisions.</inline>—</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s4975">26 USC 4975</ref> note.</p></sidenote> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">The amendments made by this section shall take effect on January 1, 1975.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>If, before the amendments made by this section take effect, an organization described in section 401(a) of the Internal Revenue Code of 1954 is denied exemption under section 501(a) <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 935.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> of such Code by reason of section 503 of such Code, the denial of such exemption shall not apply if the disqualified person elects (in such manner and at such time as the Secretary or his delegate shall by regulations prescribe) to pay, with respect to the prohibited transaction (within the meaning of section 503 (b) or (g)) which resulted in such denial of exemption, a tax in the amount and in the manner provided with respect to the tax imposed under section 4975 of such Code. An election made under <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 971.</p> <p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> this subparagraph, once made, shall be irrevocable. The Secretary of the Treasury or his delegate shall prescribe such regulations as may be necessary to carry out the purposes of this subparagraph.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <chapeau>Section 4975 of the Internal Revenue Code of 1954 (relating to tax on prohibited transactions) shall not apply to—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>a loan of money or other extension of credit between a plan and a disqualified person under a binding contract in effect on July 1, 1974 (or pursuant to renewals of such a contract), until June 30, 1984, if such loan or other extension of credit remains at least as favorable to the plan as an arm’s-length transaction with an unrelated party would be, and if the execution of the contract, the making of the loan, or the extension of credit was not, at the time of such execution, making, or extension, a prohibited transaction (within the meaning of section 503(b) of such Code or the corresponding provisions of prior law);</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>a lease or joint use of property involving the plan and a disqualified person pursuant to a binding contract in effect on July 1, 1974 (or pursuant to renewals of such a contract), until June 30, 1984, if such lease or joint use remains at least as favorable to the plan as an arm’s-length transaction with an unrelated party would be and if the execution of the contract was not, at the time of such execution, a prohibited <page identifier="/us/stat/88/979">88 <inline class="smallCaps">Stat.</inline> 979</page> transaction (within the meaning of section 503(b) of such Code) or the corresponding provisions of prior law;<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s503">26 USC 503.</ref></p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <chapeau>the sale, exchange, or other disposition of property described in subparagraph (B) between a plan and a disqualified person before June 30, 1984, if—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>in the case of a sale, exchange, or other disposition of the property by the plan to the disqualified person, the plan receives an amount which is not less than the fair market value of the property at the time of such disposition; and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>in the case of the acquisition of the property by the plan, the plan pays an amount which is not in excess of the fair market value of the property at the time of such acquisition;</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>Until June 30, 1977, the provision of services to which subparagraphs (A), (B), and (C) do not apply between a plan and a disqualified person (i) under a binding contract in effect on July 1, 1974 (or pursuant to renewals of such contract), or (ii) if the disqualified person ordinarily and customarily furnished such services on June 30, 1974, if such provision of services remains at least as favorable to the plan as an arm’s-length transaction with an unrelated party would be and if the provision of services was not, at the time of such provision, a prohibited transaction (within the meaning of section 503(b) of such Code) or the corresponding provisions of prior law; or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">(E)</num> <content>the sale, exchange, or other disposition of property which is owned by a plan on June 30, 1974, and all times thereafter, to a disqualified person, if such plan is required to dispose of such property in order to comply with the provisions of section 407(a)(2)(A) (relating to the prohibition against holding excess employer securities and employer real property) of the Employee Retirement Income Security Act of 1974, and if the plan receives not less than adequate <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 880.</p></sidenote> consideration.</content></subparagraph> <continuation class="indent0 fontsize10">For the purposes of this paragraph, the term “disqualified person” has the meaning provided by section 4975(e)(2) of the Internal Revenue Code of 1954.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 971.</p></sidenote></continuation></paragraph></subsection> </section> <section class="firstIndent0 fontsize10"><num value="2004">SEC. 2004.</num> <heading>LIMITATIONS ON BENEFITS AND CONTRIBUTIONS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a)</num> <heading><inline class="smallCaps">Plan Requirements.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>Section 401(a) (relating to requirements for qualification) is amended by inserting after paragraph (15) the following new <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 938.</p></sidenote> paragraph: <quotedContent> <paragraph class="indentUp1 fontsize10"><num value="16">“(16)</num> <content>A trust shall not constitute a qualified trust under this section if the plan of which such trust is a part provides for benefits or contributions which exceed the limitations of section 415.”<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Infra.</i></p></sidenote></content></paragraph> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>Subpart B of part I of subchapter D of chapter 1 is amended by inserting after section 414 the following new section: <quotedContent> <section class="firstIndent0 fontsize10"><num value="415">“SEC. 415.</num> <heading>LIMITATIONS ON BENEFITS AND CONTRIBUTION UNDER QUALIFIED PLANS.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s415">26 USC 415.</ref></p></sidenote> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <heading><inline class="smallCaps">General Rule.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">Trusts.</inline>—</heading><chapeau>A trust which is a part of a pension, profit-sharing, or stock bonus plan shall not constitute a qualified trust under section 401(a) if—<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 935.</p></sidenote></chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>in the case of a defined benefit plan, the plan provides for the payment of benefits with respect to a participant which exceed the limitation of subsection (b),</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>in the case of a defined contribution plan, contributions and other additions under the plan with respect to any <page identifier="/us/stat/88/980">88 <inline class="smallCaps">Stat.</inline> 980</page> participant for any taxable year exceed the limitation of subsection (c), or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>in any case in which an individual is a participant in both a defined benefit plan and a defined contribution plan maintained by the employer, the trust has been disqualified under subsection (g).</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Section applies to certain annuities and accounts.</inline>—</heading><chapeau>in the case of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>an employee annuity plan described in section 403(a),<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 969.</p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>an annuity contract described in section 403(b),<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s403">26 USC 403.</ref></p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>an individual retirement account described in section 408(a),<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 959.</p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>an individual retirement annuity described in section 408(b),</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <content>a plan described in section 405(a), or<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s405">26 USC 405.</ref></p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="F">“(F)</num> <content>a retirement bond described in section 409,<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 964.</p></sidenote></content></subparagraph> <continuation class="indent0 fontsize10">such contract, annuity plan, account, annuity, plan, or bond shall not be considered to be described in section 403(a), 403(b), 405(a), 408(a), 408(b), or 409, as the case may be, unless it satisfies the <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 959.</p></sidenote> requirements of subparagraph (A) or subparagraph (B) of paragraph (1), whichever is appropriate, and has not been disqualified under subsection (g). In the case of an annuity contract described in section 403(b), the preceding sentence shall apply only to the portion of the annuity contract which exceeds the limitation of subsection (b) or the limitation of subsection (c), whichever is appropriate, and the amount of the contribution for such portion shall reduce the exclusion allowance as provided in section 403(b)(2).</continuation></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <heading><inline class="smallCaps">Limitation for Defined Benefit Plans.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><chapeau>Benefits with respect to a participant exceed the limitation of this subsection if, when expressed as an annual benefit (within the meaning of paragraph (2)), such annual benefit is greater than the lesser of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>$75,000, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>100 percent of the participant’s average compensation for his high 3 years.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Annual benefit.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><content>For purposes of paragraph (1), the term ‘annual benefit’ means a benefit payable annually in the form of a straight life annuity (with no ancillary benefits) under a plan to which employees do not contribute and under which no rollover contributions (as defined in sections 402(a)(5), 403(a)(4), 408(d)(3), and 409(b)(3)(C)) are made.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> pp. 968, 969.</p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Adjustment for certain other forms of benefit.</inline>—</heading><content>If the benefit under the plan is payable in any form other than the form described in subparagraph (A), or if the employees contribute to the plan or make rollover contributions (as defined in sections 402(a)(5), 403(a)(4), 408(d)(3) and 409(b)(3)(C)), the determinations as to whether the limitation described in paragraph (1) has been satisfied shall be made, in accordance with regulations prescribed by the Secretary or his delegate, by adjusting such benefit so that it is equivalent to the benefit described in subparagraph (A). For purposes of this subparagraph, any ancillary benefit which is not directly related to retirement income benefits shall not be taken into account; and that portion of any joint and survivor annuity which constitutes a qualified joint and <page identifier="/us/stat/88/981">88 <inline class="smallCaps">Stat.</inline> 981</page> survivor annuity (as defined in section 401(a)(11)(H)(iii)) <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 935.</p></sidenote> shall not be taken into account.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <heading><inline class="smallCaps">Adjustment to $75,000 limit where benefit begins before age 55.</inline>—</heading><content>If the retirement income benefit under the plan begins before age 55, the determination as to whether the $75,000 limitation set forth in paragraph (1)(A) has been satisfied shall be made, in accordance with regulations prescribed by the Secretary or his delegate, by adjusting such benefit so that it is equivalent to such a benefit beginning at age 55.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Average compensation for high 3 years.</inline>—</heading><content>For purposes of paragraph (1), a participant’s high 3 years shall be the period of consecutive calendar years (not more than 3) during which the participant both was an active participant in the plan and had the greatest aggregate compensation from the employer. In the case of an employee within the meaning of section 401(c)(1), the preceding sentence shall be applied by substituting <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> for ‘compensation from the employer’ the following: ‘the participant’s earned income (within the meaning of section 401(c)(2) but determined without regard to any exclusion under section 911).</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s911">26 USC 911.</ref></p></sidenote></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <heading><inline class="smallCaps">Total annual benefits not in excess of $10,000.</inline>—</heading><chapeau>Notwithstanding the preceding provisions of this subsection, the benefits payable with respect to a participant under any defined benefit plan shall be deemed not to exceed the limitation of this subsection if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the retirement benefits payable with respect to such participant under such plan and under all other defined benefit plans of the employer do not exceed $10,000 for the plan year, or for any prior plan year, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the employer has not at any time maintained a defined contribution plan in which the participant participated.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <heading><inline class="smallCaps">Reduction for service less than 10 years.</inline>—</heading><content>In the case of an employee who has less than 10 years of service with the employer, the limitation referred to in paragraph (1), and the limitation referred to in paragraph (4), shall be the limitation determined under such paragraph (without regard to this paragraph), multiplied by a fraction, the numerator of which is the number of years (or part thereof) of service with the employer and the denominator of which is 10.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <heading><inline class="smallCaps">Computation of benefits and contributions.</inline>—</heading><chapeau>The computation of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>benefits under a defined contribution plan, for purposes of section 401(a)(4),<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 938.</p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>contributions made on behalf of a participant in a defined benefit plan, for purposes of section 401(a)(4), and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>contributions and benefits provided for a participant in a plan described in section 414(k), for purposes of this <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 925.</p></sidenote> section</content></subparagraph> <continuation class="indent0 fontsize10">shall not be made on a basis inconsistent with regulations prescribed by the Secretary or his delegate.</continuation></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <heading><inline class="smallCaps">Limitation for Defined Contribution Plans.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><chapeau>Contributions and other additions with respect to a participant exceed the limitation of this subsection if when expressed as an annual addition (within the meaning of <page identifier="/us/stat/88/982">88 <inline class="smallCaps">Stat.</inline> 982</page> paragraph (2)) to the participant’s account, such annual addition is greater than the lesser of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>$25,000, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>25 percent of the participant’s compensation.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Annual addition.</inline>—</heading><chapeau>For purposes of paragraph (1), the term ‘annual addition’ means the sum for any year of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>employer contributions,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <chapeau>the lesser of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the amount of the employee contributions in excess of 6 percent of his compensation, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>one-half of the employee contributions, and</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>forfeitures.</content></subparagraph> <continuation class="indent0 fontsize10">For the purposes of this paragraph, employee contributions under subparagraph (B) are determined without regard to any rollover contributions (as defined in sections 402(a)(5), 403(a)(4), <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> pp. 968, 969, 959, 964.</p></sidenote> 408(d)(3), and 409(b)(3)(C)).</continuation></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Participant’s compensation.</inline>—</heading><content>For purposes of paragraph (1), the term ‘participant’s compensation’ means the compensation of the participant from the employer for the year. In the case of an employee within the meaning of section 401(c)(1), <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> the preceding sentence shall be applied by substituting for ‘compensation of the participant from the employer’ the following: ‘the participant’s earned income (within the meaning of section 401(c)(2) but determined without regard to any exclusion under section 911)’.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <heading><inline class="smallCaps">Special election for section</inline> 403(b) <inline class="smallCaps">contracts purchased by educational institutions, hospitals, and home health service agencies.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>In the case of amounts contributed for an annuity contract described in section 403(b) for the year in which <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s403">26 USC 403.</ref></p></sidenote> occurs a participant’s separation from the service with an educational institution, a hospital, or a home health service agency, at the election of the participant there is substituted for the amount specified in paragraph (1)(B) the amount of the exclusion allowance which would be determined under section 403(b)(2) (without regard to this section) for the <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 986.</p></sidenote> participant’s taxable year in which such separation occurs if the participant’s years of service were computed only by taking into account his service for the employer during the period of years (not exceeding ten) ending on the date of such separation.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <chapeau>In the case of amounts contributed for an annuity contract described in section 403(b) for any year in the case of a participant who is an employee of an educational institution, a hospital, or a home health service agency, at the election of the participant there is substituted for the amount specified in paragraph (1)(B) the least of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>25 percent of the participant’s includible compensation (as defined in section 403(b)(3)) plus $4,000,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the amount of the exclusion allowance determined for the year under section 403(b)(2), or</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>$15,000.</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>In the case of amounts contributed for an annuity contract described in section 403(b) for any year for a participant who is an employee of an educational institution, a hospital, or a home health service agency, at the election of the participant the provisions of section 403(b)(2)(A) shall not apply.</content></subparagraph> <page identifier="/us/stat/88/983">88 <inline class="smallCaps">Stat.</inline> 983</page> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num><clause class="inline"><num value="i">(i)</num> <content class="inline">The provisions of this paragraph apply only if the participant elects its application at the time and in the manner provided under regulations prescribed by the Secretary or his delegate. Not more than one election may be made under subparagraph (A) by any participant. A participant who elects to have the provisions of subparagraph (A), (B), or (C) of this paragraph apply to him may not elect to have any other subparagraph of this paragraph apply to him. Any election made under this paragraph is irrevocable.</content></clause> <clause class="indent0 fontsize10"><num value="ii">“(ii)</num> <content>For purposes of this paragraph the term ‘educational <sidenote><p class="indent0 firstIndent1 fontsize8">“Educational institution.”</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s151">26 USC 151.</ref></p></sidenote> institution’ means an educational institution as defined in section 151(e)(4).</content></clause> <clause class="indent0 fontsize10"><num value="iii">“(iii)</num> <content>For purposes of this paragraph the term ‘home <sidenote><p class="indent0 firstIndent1 fontsize8">“Home health service agency.”</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> health service agency’ means an organization described in subsection 501(c)(3) which is exempt from tax under section 501(a) and which has been determined by the Secretary of Health, Education, and Welfare to be a home health agency (as defined in section 1861(o) of the Social Security Act).</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1395x">42 USC 1395x.</ref></p></sidenote></clause></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <heading><inline class="smallCaps">Cost-of-Living Adjustments.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><chapeau>The Secretary or his delegate shall adjust annually—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the $75,000 amount in subsection (b)(1)(A),</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the $25,000 amount in subsection (c)(1)(A), and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>in the case of a participant who is separated from service, the amount taken into account under subsection (b)(1)(B),</content></subparagraph> <continuation class="indent0 fontsize10">for increases in the cost of living in accordance with regulations prescribed by the Secretary or his delegate. Such regulations shall provide for adjustment procedures which are similar to the procedures used to adjust primary insurance amounts under section 215(i)(2)(A) of the Social Security Act.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s415">42 USC 415.</ref></p></sidenote></continuation></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Base periods.</inline>—</heading><chapeau>The base period taken into account—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>for purposes of subparagraphs (A) and (B) of paragraph (1) is the calendar quarter beginning October 1, 1974, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>for purposes of subparagraph (C) of paragraph (1) is the last calendar quarter of the calendar year before the calendar year in which the participant is separated from service.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <heading><inline class="smallCaps">Limitation in Case of Defined Benefit Plan and Defined Contribution Plan for Same Employee.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><content>In any case in which an individual is a participant in both a defined benefit plan and a defined contribution plan maintained by the same employer, the sum of the defined benefit plan fraction and the defined contribution plan fraction for any year may not exceed 1.4.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Defined benefit plan fraction.</inline>—</heading><chapeau>For purposes of this subsection, the defined benefit plan fraction for any year is a fraction—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the numerator of which is the projected annual benefit of the participant under the plan (determined as of the close of the year), and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the denominator of which is the projected annual benefit of the participant under the plan (determined as of the close of the year) if the plan provided the maximum benefit allowable under subsection (b).</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Defined contribution plan fraction.</inline>—</heading><chapeau>For purposes of this subsection, the defined contribution plan fraction for any year is a fraction—</chapeau> <page identifier="/us/stat/88/984">88 <inline class="smallCaps">Stat.</inline> 984</page> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the numerator of which is the sum of the annual additions to the participant’s account as of the close of the year, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the denominator of which is the sum of the maximum amount of annual additions to such account which could have been made under subsection (c) for such year and for each prior year of service with the employer.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <heading><inline class="smallCaps">Special transition rules for defined contribution fraction.</inline>—</heading><chapeau>In applying paragraph (3) with respect to years beginning before January 1, 1976—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the aggregate amount taken into account under paragraph (3)(A) may not exceed the aggregate amount taken into account under paragraph (3)(B), and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <chapeau>the amount taken into account under subsection (c)(2)(B)(i) for any year concerned is an amount equal to—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the excess of the aggregate amount of employee contributions for all years beginning before January 1, 1976, during which the employee was an active participant of the plan, over 10 percent of the employee’s aggregate compensation for all such years, multiplied by</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>a fraction the numerator of which is 1 and the denominator of which is the number of years beginning before January 1, 1976, during which the employee was an active participant in the plan.</content></clause></subparagraph> <continuation class="indent0 fontsize10">Employee contributions made on or after October 2, 1973, shall be taken into account under subparagraph (B) of the preceding sentence only to the extent that the amount of such contributions does not exceed the maximum amount of contributions permissible under the plan as in effect on October 2, 1973.</continuation></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <heading><inline class="smallCaps">Special rules for sections</inline> 403(b) and 408.—</heading><content>For purposes <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s403">26 USC 403.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 959.</p></sidenote> of this subsection, any annuity contract described in section 403(b) (except in the case of a participant who has elected under subsection (c)(4)(D) to have the provisions of subsection (c)(4)(C) apply), any individual retirement account described in section 408(a), any individual retirement annuity described in section 408(b), and any retirement bond described in section 409, for the benefit of a participant shall be treated as a defined contribution plan maintained by each employer with respect to which the participant has the control required under subsection (b) or (c) of section 414 (as modified by subsection (h)). In the case of <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 925.</p></sidenote> any annuity contract described in section 403(b), the amount of the contribution disqualified by reason of subsection (g) shall reduce the exclusion allowance as provided in section 403(b)(2).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <heading><inline class="smallCaps">Combining of Plans.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><chapeau>For purposes of applying the limitations of subsections (b), (c), and (e)—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>all defined benefit plans (whether or not terminated) of an employer are to be treated as one defined benefit plan, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>all defined contribution plans (whether or not terminated) of an employer are to be treated as one defined contribution plan.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Annual compensation taken into account for defined benefit plans.</inline>—</heading><chapeau>If the employer has more than one defined benefit plan—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>subsection (b)(1)(B) shall be applied separately with respect to each such plan, but</content></subparagraph> <page identifier="/us/stat/88/985">88 <inline class="smallCaps">Stat.</inline> 985</page> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>in applying subsection (b)(1)(B) to the aggregate of such defined benefit plans for purposes of this subsection, the high 3 years of compensation taken into account shall be the period of consecutive calendar years (not more than 3) during which the individual had the greatest aggregate compensation from the employer.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="g">“(g)</num> <heading><inline class="smallCaps">Aggregation of Plans.</inline>—</heading><content>The Secretary or his delegate, in applying the provisions of this section to benefits or contributions under more than one plan maintained by the same employer, and to any trusts, contracts, accounts, or bonds referred to in subsection (a)(2), with respect to which the participant has the control required under section 414(b) or (c), as modified by subsection (h), shall, under <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 925.</p></sidenote> regulations prescribed by the Secretary or his delegate, disqualify one or more trusts, plans, contracts, accounts, or bonds, or any combination thereof until such benefits or contributions do not exceed the limitations contained in this section. In addition to taking into account such other factors as may be necessary to carry out the purposes of subsections (e) and (f), the regulations prescribed under this paragraph shall provide that no plan which has been terminated shall be disqualified until all other trusts, plans, contracts, accounts, or bonds have been disqualified.</content></subsection> <subsection class="indent0 fontsize10"><num value="h">“(h)</num> <heading><inline class="smallCaps">50 Percent Control.</inline>—</heading><content>For purposes of applying subsections (b) and (c) of section 414 to this section, the phrase ‘more than 50 percent’ shall be substituted for the phrase ‘at least 80 percent’ each place it appears in section 1563(a)(1).<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1563">26 USC 1563.</ref></p></sidenote></content></subsection> <subsection class="indent0 fontsize10"><num value="i">“(i)</num> <heading><inline class="smallCaps">Records Not Available for Past Periods.</inline>—</heading><content>Where for the period before January 1, 1976, or (if later) the first day of the first plan year of the plan, the records necessary for the application of this section are not available, the Secretary or his delegate may by regulations prescribe alternative methods for determining the amounts to be taken into account for such period.</content></subsection> <subsection class="indent0 fontsize10"><num value="j">“(j)</num> <heading><inline class="smallCaps">Regulations; Definition of Year.</inline>—</heading><content>The Secretary or his delegate shall prescribe such regulations as may be necessary to carry out the purposes of this section, including, but not limited to, regulations defining the term ‘year’ for purposes of any provision of this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="k">“(k)</num> <heading><inline class="smallCaps">Special Rules.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <heading><inline class="smallCaps">Defined benefit plan and defined contribution plan.</inline>—</heading><chapeau>For purposes of this title, the term ‘defined contribution plan’ or ‘defined benefit plan’ means a defined contribution plan (within the meaning of section 414(i)) or a defined benefit plan (within the meaning of section 414(j)), whichever applies, which is—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>a plan described in section 401(a) which includes a <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> trust which is exempt from tax under section 501(a),</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>an annuity plan described in section 403(a),<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s403">26 USC 403.</ref></p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>a qualified bond purchase plan described in section 405(a),<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s405">26 USC 405.</ref></p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>an annuity contract described in section 403(b),</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <content>an individual retirement account described in section 408(a),<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 959.</p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="F">“(F)</num> <content>an individual retirement annuity described in section 408(b), or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="G">“(G)</num> <content>an individual retirement bond described in section 409.”.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 964.</p></sidenote></content></subparagraph></paragraph></subsection></section> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <heading><inline class="smallCaps">Special rule for certain plans in effect on date of enactment.</inline>—</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s415">26 USC 415</ref> note.</p></sidenote><chapeau>In any case in which, on the date of enactment of this Act, an individual is a participant in both a defined benefit <page identifier="/us/stat/88/986">88 <inline class="smallCaps">Stat.</inline> 986</page> plan and a defined contribution plan maintained by the same employer, and the sum of the defined benefit plan fraction and the defined contribution plan fraction for the year during which such date occurs exceeds 1.4, the sum of such fractions may continue to exceed 1.4 if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the defined benefit plan fraction is not increased, by amendment of the plan or otherwise, after the date of enactment of this Act, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>no contributions are made under the defined contribution plan after such date.</content></subparagraph> <continuation class="indent0 fontsize10">A trust which is part of a pension, profit-sharing, or stock bonus plan described in the preceding sentence shall not be treated as not constituting a qualified trust under section 401(a) of the Internal Revenue Code of 1954 on account of the provisions of section <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 979.</p></sidenote> 415(e) of such Code, as long as it is described in the preceding sentence of this subsection.</continuation></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Limit on Employer Deductions.</inline>—</heading><content>The second sentence of section 404(a)(3)(A) (relating to limits on deductible contributions) <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s404">26 USC 404.</ref></p></sidenote> is amended by striking out “<quotedText>beneficiaries under the plan.</quotedText>” and inserting in lieu thereof “<quotedText>beneficiaries under the plan, but the amount so deductible under this sentence in any one succeeding taxable year together with the amount so deductible under the first sentence of this subparagraph shall not exceed 25 percent of the compensation otherwise paid or accrued during such taxable year to the beneficiaries under the plan.</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <heading><inline class="smallCaps">Certain Annuity and Bond Purchase Plans.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>Section 404(a)(2) (relating to the general rule for deduction for employee annuities) is amended by striking out “<quotedText>(15)</quotedText>” and inserting in lieu thereof “<quotedText>(15), (16), and (19)</quotedText>” and by striking out “<quotedText>(a)(9) and (10)</quotedText>” and inserting in lieu thereof “<quotedText>(a)(9), (10), (17), and (18)</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>Section 405(a)(1) (relating to requirements for qualified bond purchase plans) is amended by striking out “<quotedText>and (8),</quotedText>” and inserting in lieu thereof “<quotedText>(8), (16), and (19)</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>Section 805(d)(1)(C) (relating to pension plan reserves) <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s805">26 USC 805.</ref></p></sidenote> is amended by striking out “<quotedText>and (15)</quotedText>” and inserting in lieu thereof “<quotedText>(15), (16), and (19)</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>Section 403(b)(2) (relating to exclusion allowance) is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s403">26 USC 403.</ref></p></sidenote> amended to read as follows: <quotedContent> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Exclusion allowance.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><chapeau>For purposes of this subsection, the exclusion allowance for any employee for the taxable year is an amount equal to the excess, if any, of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the amount determined by multiplying 20 percent of his includible compensation by the number of years of service, over</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the aggregate of the amounts contributed by the employer for annuity contracts and excludible from the gross income of the employee for any prior taxable year.</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Election to have allowance determined under section 415 rules.</inline>—</heading><content>In the case of an employee who makes an election under section 415(c)(4)(D) to have the provisions of section 415(c)(4)(C) (relating to special rule for section 408(b) contracts purchased by educational institutions, hospitals, and home health service agencies) apply, the exclusion allowance for any such employee for the taxable year is the amount which could be contributed (under section 415) by his employer under a plan described in section 408(a) if the <page identifier="/us/stat/88/987">88 <inline class="smallCaps">Stat.</inline> 987</page> annuity contract for the benefit of such employee were treated as a defined contribution plan maintained by the employer.”</content></subparagraph></paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <heading><inline class="smallCaps">Effective date.</inline>—</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s415">26 USC 415</ref> note.</p></sidenote> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <heading><inline class="smallCaps">General rule.</inline>—</heading><content>The amendments made by this section shall apply to years beginning after December 31, 1975. The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out the provisions of this paragraph.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <heading><inline class="smallCaps">Transition rule for defined benefit plans.</inline>—</heading><chapeau>In the case of an individual who was an active participant in a defined benefit plan before October 3, 1973, if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the annual benefit (within the meaning of section 415(b)(2) of the Internal Revenue Code of 1954) payable <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 979.</p></sidenote> to such participant on retirement does not exceed 100 percent of his annual rate of compensation on the earlier of (i) October 2, 1973, or (ii) the date on which he separated from the service of the employer,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>such annual benefit is no greater than the annual benefit which would have been payable to such participant on retirement if (i) all the terms and conditions of such plan in existence on such date had remained in existence until such retirement, and (ii) his compensation taken into account for any period after October 2, 1973, had not exceeded his annual rate of compensation on such date, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>in the case of a participant who separated from the service of the employer prior to October 2, 1973, such annual benefit is no greater than his vested accrued benefit as of the date he separated from the service,</content></subparagraph> <continuation class="indent0 fontsize10">then such annual benefit shall be treated as not exceeding the limitation of subsection (b) of section 415 of the Internal Revenue Code of 1954.</continuation></paragraph></subsection> </section> <section class="firstIndent0 fontsize10"><num value="2005">SEC. 2005.</num> <heading>TAXATION OF CERTAIN LUMP SUM DISTRIBUTIONS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a)</num> <heading><inline class="smallCaps">Treatment of total distributions.</inline>—</heading><content>Section 402(e) (relating <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s402">26 USC 402.</ref></p></sidenote> to certain plan terminations) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <heading><inline class="smallCaps">Tax on Lump Sum Distributions.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <heading><inline class="smallCaps">Imposition of separate tax on lump sum distributions.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">Separate tax.</inline>—</heading><content>There is hereby imposed a tax (in the amount determined under subparagraph (B)) on the ordinary income portion of a lump sum distribution.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Amount of tax.</inline>—</heading><content>The amount of tax imposed by subparagraph (A) for any taxable year shall be an amount equal to the amount of the initial separate tax for such taxable year multiplied by a fraction, the numerator of which is the ordinary income portion of the lump sum distribution for the taxable year and the denominator of which is the total taxable amount of such distribution for such year.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <heading><inline class="smallCaps">Initial separate tax.</inline>—</heading><chapeau>The initial separate tax for any taxable year is an amount equal to 10 times the tax which would be imposed by subsection (c) of section 1 if the recipient were an individual referred to in such subsection and the taxable income were an amount equal to one-tenth of the excess of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the total taxable amount of the lump sum distribution for the taxable year, over</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the minimum distribution allowance.</content></clause></subparagraph> <page identifier="/us/stat/88/988">88 <inline class="smallCaps">Stat.</inline> 988</page> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <heading><inline class="smallCaps">Minimum distribution allowance.</inline>—</heading><chapeau>For purposes of this paragraph, the minimum distribution allowance for the taxable year is an amount equal to—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the lesser of $10,000 or one-half of the total taxable amount of the lump sum distribution for the taxable year, reduced (but not below zero) by</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>20 percent of the amount (if any) by which such total taxable amount exceeds $20,000.</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <heading><inline class="smallCaps">Liability for tax.</inline>—</heading><content>The recipient shall be liable for the tax imposed by this paragraph.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Multiple distributions and distributions of annuity contracts.</inline>—</heading><chapeau>In the case of any recipient of a lump sum distribution for the taxable year with respect to whom during the 6-taxable-year period ending on the last day of the taxable year there has been one or more other lump sum distributions after December 31, 1973, or if the distribution (or any part thereof) is an annuity contract, in computing the tax imposed by paragraph (1) (A), the total taxable amounts of all such distributions during such 6-taxable-year period shall be aggregated, but the amount of tax so computed shall be reduced (but not below zero) by the sum of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the amount of the tax imposed by paragraph (1)(A) paid with respect to such other distributions, plus</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>that portion of the tax on the aggregated total taxable amounts which is attributable to annuity contracts.</content></subparagraph> <continuation class="indent0 fontsize10">For purposes of this paragraph, a beneficiary of a trust to which a lump sum distribution is made shall be treated as the recipient of such distribution if the beneficiary is an employee (including an employee within the meaning of section 401(c)(1)) with respect <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> to the plan under which the distribution is made or if the beneficiary is treated as the owner of such trust for purposes of subpart E of part I of subchapter J. In the case of the distribution <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s671">26 USC 671.</ref></p></sidenote> of an annuity contract, the taxable amount of such distribution shall be deemed to be the current actuarial value of the contract, determined on the date of such distribution. In the case of a lump sum distribution with respect to any individual which is made only to two or more trusts, the tax imposed by paragraph (1)(A) shall be computed as if such distribution was made to a single trust, but the liability for such tax shall be apportioned among such trusts according to the relative amounts received by each. The Secretary or his delegate shall prescribe such regulations <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> as may be necessary to carry out the purposes of this paragraph.</continuation></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Allowance of deduction.</inline>—</heading><content>The ordinary income portion of a lump sum distribution for the taxable year shall be allowed as a deduction from gross income for such taxable year, but only to the extent included in the taxpayer’s gross income for such taxable year.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <heading><inline class="smallCaps">Definitions and special rules.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">Lump sum distribution.</inline>—</heading><chapeau>For purposes of this section and section 403, the term ‘lump sum distribution’ <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s403">26 USC 403.</ref></p></sidenote> means the distribution or payment within one taxable year of the recipient of the balance to the credit of an employee which becomes payable to the recipient—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>on account of the employee’s death,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>after the employee attains age 59½,</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>on account of the employee’s separation from the service, or</content></clause> <page identifier="/us/stat/88/989">88 <inline class="smallCaps">Stat.</inline> 989</page> <clause class="indentUp1 fontsize10"><num value="iv">“(iv)</num> <content>after the employee has become disabled (within the meaning of section 72 (m) (7))<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s72">26 USC 72.</ref></p></sidenote></content></clause> <continuation class="indent0 fontsize10">from a trust which forms a part of a plan described in section <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401/s501">26 USC 401, 501.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s403">26 USC 403.</ref></p></sidenote> 401(a) and which is exempt from tax under section 501 or from a plan described in section 403(a). Clause (iii) of this subparagraph shall be applied only with respect to an individual who is an employee without regard to section 401 (c) (1), and clause (iv) shall be applied only with respect to an employee within the meaning of section 401(c)(1). For purposes of this subparagraph, a distribution of an annuity contract from a trust or annuity plan referred to in the first sentence of this subparagraph shall be treated as a lump sum distribution. For purposes of this subparagraph, a distribution to two or more trusts shall be treated as a distribution to one recipient.</continuation></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Election of lump sum treatment.</inline>—</heading><content>For purposes of this section and section 403, no amount which is not an annuity contract may be treated as a lump sum distribution under subparagraph (A) unless the taxpayer elects for the taxable year to have all such amounts received during such year so treated at the time and in the manner provided under regulations prescribed by the Secretary or his delegate. Not more than one election may be made under this subparagraph with respect to any individual after such individual has attained age 59½. No election may be made under this subparagraph by any taxpayer other than an individual, an estate, or a trust. In the case of a lump sum distribution made with respect to an employee to two or more trusts, the election under this subparagraph shall be made by the personal representative of the employee.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <heading><inline class="smallCaps">Aggregation of certain trusts and plans.</inline>—</heading><chapeau>For purposes of determining the balance to the credit of an employee under subparagraph (A)—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>all trusts which are part of a plan shall be treated as a single trust, all pension plans maintained by the employer shall be treated as a single plan, all profit-sharing plans maintained by the employer shall be treated as a single plan, and all stock bonus plans maintained by the employer shall be treated as a single plan, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>trusts which are not qualified trusts under section 401(a) and annuity contracts which do not satisfy the requirements of section 404(a)(2) shall not be taken <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s404">26 USC 404.</ref></p></sidenote> into account.</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <heading><inline class="smallCaps">Total taxable amount.</inline>—</heading><chapeau>For purposes of this section and section 403, the term ‘total taxable amount’ means, with respect to a lump sum distribution, the amount of such distribution which exceeds the sum of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the amounts considered contributed by the employee (determined by applying section 72(f)), which employee contributions shall be reduced by any amounts theretofore distributed to him which were not includible in gross income, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the net unrealized appreciation attributable to that part of the distribution which consists of the securities of the employer corporation so distributed.</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <heading><inline class="smallCaps">Ordinary income portion.</inline>—</heading><chapeau>For purposes of this section, the term ‘ordinary income portion’ means, with <page identifier="/us/stat/88/990">88 <inline class="smallCaps">Stat.</inline> 990</page> respect to a lump sum distribution, so much of the total taxable amount of such distribution as is equal to the product of such total taxable amount multiplied by a fraction—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the numerator of which is the number of calendar years of active participation by the employee in such plan after December 31, 1973, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the denominator of which is the number of calendar years of active participation by the employee in such plan.</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="F">“(F)</num> <heading><inline class="smallCaps">Employee.</inline>—</heading><content>For purposes of this subsection and subsection (a)(2), except as otherwise provided in subparagraph (A), the term ‘employee’ includes an individual who is an employee within the meaning of section 401(c)(1) and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> the employer of such individual is the person treated as his employer under section 401(c)(4).</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="G">“(G)</num> <heading><inline class="smallCaps">Community property laws.</inline>—</heading><content>The provisions of this subsection, other than paragraph (3), shall be applied without regard to community property laws.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="H">“(H)</num> <heading><inline class="smallCaps">Minimum period of service.</inline>—</heading><content>For purposes of this subsection (but not for purposes of subsection (a)(2) or section 403(a)(2)(A)), no amount distributed to an employee <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s403">26 USC 403.</ref></p></sidenote> from or under a plan may be treated as a lump sum distribution under subparagraph (A) unless he has been a participant in the plan for 5 or more taxable years before the taxable year in which such amounts are distributed.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="I">“(I)</num> <heading><inline class="smallCaps">Amounts subject to penalty.</inline>—</heading><content>This subsection shall not apply to amounts described in clause (ii) of subparagraph (A) of section 72(m)(5) to the extent that section 72(m)(5) applies to such amounts.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="J">“(J)</num> <heading><inline class="smallCaps">Unrealized appreciation of employer securities.</inline>—</heading><content>In the case of any distribution including securities of the employer corporation which, without regard to the requirement of subparagraph (H), would be treated as a lump sum distribution under subparagraph (A), there shall be excluded from gross income the net unrealized appreciation attributable to that part of the distribution which consists of securities of the employer corporation so distributed. In the case of any such distribution or any lump sum distribution including securities of the employer corporation, the amount of net unrealized appreciation of such securities and the resulting adjustments to the basis of such securities shall be determined under regulations prescribed by the Secretary or his delegate.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="K">“(K)</num> <heading><inline class="smallCaps">Securities.</inline>—</heading><content>For purposes of this subsection, the terms ‘securities’ and ‘securities of the employer corporation’ have the respective meanings provided by subsection (a)(3).”</content></subparagraph></paragraph></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Phaseout of Capital Gains Treatment.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><content>Section 402(a)(2) (relating to capital gains <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s402">26 USC 402.</ref></p></sidenote> treatment for certain distributions) is amended to read as follows: <quotedContent> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Capital gains treatment for portion of lump sum distributions.</inline>—</heading><chapeau>In the case of an employee trust described in section 401(a), which is exempt from tax under section 501(a), <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401/s501">26 USC 401, 501.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 987.</p></sidenote> so much of the total taxable amount (as defined in subparagraph (D) of subsection (e)(4)) of a lump sum distribution as is equal to the product of such total taxable amount multiplied by a fraction—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the numerator of which is the number of calendar years of active participation by the employee in such plan before January 1, 1974, and</content></subparagraph> <page identifier="/us/stat/88/991">88 <inline class="smallCaps">Stat.</inline> 991</page> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the denominator of which is the number of calendar years of active participation by the employee in such plan, shall be treated as a gain from the sale or exchange of a capital asset held for more than 6 months. For purposes of computing the <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> fraction described in this paragraph and the fraction under subsection (e)(4)(E), the Secretary or his delegate may prescribe <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 987.</p></sidenote> regulations under which plan years may be used in lieu of calendar years. For purposes of this paragraph, in the case of an individual who is an employee without regard to section 401(c)(1), <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> determination of whether or not any distribution is a lump sum distribution shall be made without regard to the requirement that an election be made under subsection (e)(4)(B), but no distribution to any taxpayer other than an individual, estate, or trust may be treated as a lump sum distribution under this paragraph.”</content></subparagraph></paragraph> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <heading><inline class="smallCaps">Amendment of section 403.</inline>—</heading><content>That part of paragraph (2) of section 403(a) which follows clause (ii) of subparagraph (A) <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s403">26 USC 403.</ref></p></sidenote> thereof is amended to read as follows: <quotedContent> <subparagraph><clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>a lump sum distribution (as defined in section 402(e)(4)(A)) is paid to the recipient,<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 987.</p></sidenote></content></clause> <continuation class="indent0 fontsize10">so much of the total taxable amount (as defined in section 402(e)(4)(D)) of such distribution as is equal to the product of such total taxable amount multiplied by the fraction described in section 402(a)(2) shall be treated as a gain from <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 990.</p></sidenote> the sale or exchange of a capital asset held for more than 6 months. For purposes of this paragraph, in the case of an individual who is an employee without regard to section 401(c)(1), determination of whether or not any distribution is a lump sum distribution shall be made without regard to the requirement that an election be made under subsection (e)(4)(B) of section 402, but no distribution to any taxpayer other than an individual, estate, or trust may be treated as a lump sum distribution under this paragraph.</continuation></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Cross reference.</inline>—</heading> <content><list> <listItem class="firstIndent-1 fontsize8"><listContent><b>“For imposition of separate tax on ordinary income portion of lump sum distribution, see section 402(e).”</b></listContent></listItem></list></content></subparagraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <heading><inline class="smallCaps">Conforming Amendments.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>Subparagraph (C) of section 402(a)(3) is repealed.<sidenote><p class="indent0 firstIndent1 fontsize8">Repeals.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s402">26 USC 402.</ref></p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>Paragraph (5) (as in effect on December 31, 1973) of section 402(a) is repealed.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>Section 72 is amended by striking out subsection (n) thereof <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s72">26 USC 72.</ref></p></sidenote> and by redesignating subsections (o) and (p) as (n) and (o), respectively.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>The second sentence of section 46(a)(3) and the second <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s46">26 USC 46.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s50">26 USC 50.</ref></p></sidenote> sentence of section 50A(a)(3) are each amended by inserting after “<quotedText>tax preferences),</quotedText>” the following: “<quotedText>section 402(e) (relating to tax on lump sum distributions),</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>The third sentence of section 901(a) is amended by inserting <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s901">26 USC 901.</ref></p></sidenote> “<quotedText>against the tax imposed by section 402(e) (relating to tax on lump sum distributions),</quotedText>” before “<quotedText>against the tax imposed by section 531</quotedText>”.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s531">26 USC 531.</ref></p></sidenote></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>Subsection 1304(b)(2) (relating to special rules) is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1304">26 USC 1304.</ref></p></sidenote> amended by striking out paragraph (2) and by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (2), (3), (4), and (5), respectively.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>Subparagraph (A) of section 56(a)(2) and paragraph (1) <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s56">26 USC 56.</ref></p></sidenote> of section 56(c) are each amended by inserting before “<quotedText>531</quotedText>” the following: “<quotedText>402(e),</quotedText>”.</content></paragraph> <page identifier="/us/stat/88/992">88 <inline class="smallCaps">Stat.</inline> 992</page> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <content>Sections 871(b)(1) and 877(b) are each amended by inserting <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s871/s877">26 USC 871, 877.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 987.</p></sidenote> “<quotedText>, 402(e)(1),</quotedText>” after “<quotedText>section 1</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">(9)</num> <content>Section 62 (defining adjusted gross income), is amended by <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 959.</p></sidenote> inserting after paragraph (10) the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><num value="11">“(11)</num> <heading><inline class="smallCaps">Certain portion of lump-sum distributions from pension plans taxed under section </inline>402(e).—</heading><content>The deduction allowed by section 402(e)(3).”</content></paragraph> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="10">(10)</num> <content>Section 122(b)(2) (relating to consideration for the contract) <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s122">26 USC 122.</ref></p></sidenote> is amended by striking out “<quotedText>72(o)</quotedText>” and inserting “<quotedText>72(n)</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="11">(11)</num> <content>Section 405(e) (relating to capital gains treatment and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s405">26 USC 405.</ref></p></sidenote> limitation of tax not to apply to bonds distributed by trusts) is amended by striking out “<quotedText>Section 72(n) and section 402(a)(2)</quotedText>” and inserting “<quotedText>Subsections (a)(2) and (e) of section 402</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="12">(12)</num> <content>Section 406(c) (relating to termination of status as <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s406">26 USC 406.</ref></p></sidenote> deemed employee, etc.) is amended by striking out “<quotedText>section 72(n), section 402(a)(2)</quotedText>” and inserting “<quotedText>subsections (a)(2) and (e) of section 402</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="13">(13)</num> <content>Section 407(c) (relating to termination of status as <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s407">26 USC 407.</ref></p></sidenote> deemed employee, etc.) is amended by striking out “<quotedText>section 72(n), section 402(a)(2)</quotedText>” and inserting “<quotedText>subsections (a)(2) and (e) of section 402</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="14">(14)</num> <content>Section 1348(b)(1) (relating to earned income) is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1348">26 USC 1348.</ref></p></sidenote> amended by striking out “<quotedText>72(n), 402(a)(2)</quotedText>” and inserting “<quotedText>402(a)(2), 402(e)</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="15">(15)</num> <content>Section 101(b)(2)(B) is amended by striking out “<quotedText>total <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s101">26 USC 101.</ref></p></sidenote> distributions payable (as defined in section 402(a)(3)) which are paid to a distribute within one taxable year of the distribute by reason of the employee’s death</quotedText>” and inserting in lieu thereof “<quotedText>a lump sum distribution (as defined in section 402(e)(4))</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <heading><inline class="smallCaps">Effective Date.</inline>—</heading><content>The amendments made by this section shall <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s402">26 USC 402</ref> note.</p></sidenote> apply only with respect to distributions or payments made after December 31, 1973, in taxable years beginning after such date.</content></subsection> </section> <section class="firstIndent0 fontsize10"><num value="2006">SEC. 2006.</num> <heading>SALARY REDUCTION REGULATIONS.</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401</ref> note.</p></sidenote> <subsection class="indent0 fontsize10"><num value="a">(a)</num> <heading><inline class="smallCaps">Inclusion of Certain Contributions in Income.</inline>—</heading><content>Except in the case of plans or arrangements in existence on June 27, 1974, a contribution made before January 1, 1977, to an employees’ trust described in section 401(a), 403(a), or 405(a) of the Internal Revenue Code of 1954 which is exempt from tax under section 501(a) of such <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401/s403/s405">26 USC 401, 403, 405.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> Code, or under an arrangement which, but for the fact that it was not in existence on June 27, 1974, would be an arrangement described in subsection (b)(2) of this section, shall be treated as a contribution made by an employee if the contribution is made under an arrangement under which the contribution will be made only if the employee elects to receive a reduction in his compensation or to forego an increase in his compensation.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Administration in the Case of Certain Qualified Pension or Profit-Sharing Plans, Etc., in Existence on June 27, 1974.</inline>—</heading><chapeau>No salary reduction regulations may be issued by the Secretary of the Treasury in final form before January 1, 1977, with respect to an arrangement which was in existence on June 27, 1974, and which, on that date—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>provided for contributions to an employees’ trust described in section 401(a), 403(a), or 405(a) of the Internal Revenue Code of 1954 which is exempt from tax under section 501(a) of such Code, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>was maintained as part of an arrangement under which an <page identifier="/us/stat/88/993">88 <inline class="smallCaps">Stat.</inline> 993</page> employee was permitted to elect to receive part of his compensation in one or more alternative forms if one of such forms results in the inclusion of amounts in income under the Internal Revenue Code of 1954.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1">26 USC 1</ref> <i>et seq.</i></p></sidenote></content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <heading><inline class="smallCaps">Administration of Law With Respect to Certain Plans.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <heading><inline class="smallCaps">Administration in the case of plans described in subsection </inline>(b).—</heading><chapeau>Until salary reduction regulations have been issued in final form, the law with respect to plans or arrangements described in subsection (b) shall be administered—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>without regard to the proposed salary reduction regulations (37 FR 25938) and without regard to any other proposed salary reduction regulations, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>in the manner in which such law was administered before January 1, 1972.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <heading><inline class="smallCaps">Administration in the case of qualified profit-sharing plans.</inline>—</heading><chapeau>In the case of plans or arrangements described in subsection (b), in applying this section to the tax treatment of contributions to qualified profit-sharing plans where the contributed amounts are distributable only after a period of deferral, the law shall be administered in a manner consistent with—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>Revenue Ruling 56–497 (1956—2 C.B. 284),</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>Revenue Ruling 63–180 (1963—2 C.B. 189), and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>Revenue Ruling 68–89 (1968—1 C.B. 402).</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <heading><inline class="smallCaps">Limitation on Retroactivity of Final Regulations.</inline>—</heading><chapeau>In the case of any salary reduction regulations which become final after December 31, 1976—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>for purposes of chapter 1 of the Internal Revenue Code of 1954 (relating to normal taxes and surtaxes), such regulations <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1">26 USC 1.</ref></p></sidenote> shall not apply before January 1, 1977; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>for purposes of chapter 21 of such Code (relating to Federal Insurance Contributions Act) and for purposes of chapter 24 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s3101">26 USC 3101.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s3401">26 USC 3401.</ref></p></sidenote> of such Code (relating to collection of income tax at source on wages), such regulations shall not apply before the day on which such regulations are issued in final form.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <heading><inline class="smallCaps">Salary Reduction Regulations Defined.</inline>—</heading><content>For purposes of this section, the term “salary reduction regulations” means regulations dealing with the ineludibility in gross income (at the time of contribution) of amounts contributed to a plan which includes a trust that qualifies under section 401(a), or a plan described in section 403(a) <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401/s403">26 USC 401, 403.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s405">26 USC 405.</ref></p></sidenote> or 405(a), including plans or arrangements described in subsection (b)(2), if the contribution is made under an arrangement under which the contribution will be made only if the employee elects to receive a reduction in his compensation or to forego an increase in his compensation, or under an arrangement under which the employee is permitted to elect to receive part of his compensation in one or more alternative forms (if one of such forms results in the inclusion of amounts in income under the Internal Revenue Code of 1954).</content></subsection> </section> <section class="firstIndent0 fontsize10"><num value="2008">SEC. 2008.</num> <heading>CERTAIN ARMED FORCES SURVIVOR ANNUITIES.</heading> <subsection class="indent0 fontsize10"><num value="a">(a)</num> <heading><inline class="smallCaps">Treatment of Certain Participants in the Plan.</inline>—</heading><content>Section 404(c) (relating to certain negotiated plans) is amended by inserting <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s404">26 USC 404.</ref></p></sidenote> after the first sentence the following new sentences: <quotedContent><subsection class="inline"><chapeau class="inline">“For purposes of this chapter and subtitle B, in the case of any individual who before July 1, 1974, was a participant in a plan described in the preceding sentence—</chapeau><page identifier="/us/stat/88/994">88 <inline class="smallCaps">Stat.</inline> 994</page> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>such individual, if he is or was an employee within the meaning of section 401(c)(1), shall be treated (with respect to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> service covered by the plan) as being an employee other than an employee within the meaning of section 401(c)(1) and as being an employee of a participating employer under the plan,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>earnings derived from service covered by the plan shall be treated as not being earned income within the meaning of section 401(c)(2), and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>such individual shall be treated as an employee of a participating employer under the plan with respect to service before July 1, 1975, covered by the plan.</content></subparagraph> <continuation class="indent0 fontsize10">Section 277 (relating to deductions incurred by certain membership <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s277">26 USC 277.</ref></p></sidenote> organizations in transactions with members) does not apply to any trust described in this subsection.”.</continuation></subsection></quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Other Amendments to Section</inline> 404(c)(1).—</heading><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s404">26 USC 404.</ref></p></sidenote> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>Paragraph (1) of the first sentence of section 404(c) is amended by striking out “<quotedText>and pensions</quotedText>” and inserting in lieu thereof “<quotedText>or pensions</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>The last sentence of section 404(c) is amended by striking out “<quotedText>This subsection</quotedText>” and inserting in lieu thereof “<quotedText>The first and third sentences of this subsection</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <heading><inline class="smallCaps">Effective Date.</inline>—</heading><content>The amendments made by this section shall <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s404">26 USC 404</ref> note.</p></sidenote> apply to taxable years ending on or after June 30, 1972.</content></subsection> </section> <section class="firstIndent0 fontsize10"><num value="2007">SEC. 2007.</num> <heading>RULES FOR CERTAIN NEGOTIATED PLANS.</heading> <subsection class="indent0 fontsize10"><num value="a">(a)</num> <heading><inline class="smallCaps">In General.</inline>—</heading><content>Section 122(a) (relating to certain reduced uniformed <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s122">26 USC 122.</ref></p></sidenote> services retired pay) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <heading><inline class="smallCaps">General Rule.</inline>—</heading><content>In the case of a member or former member of the uniformed services of the United States, gross income does not include the amount of any reduction in his retired or retainer pay pursuant to the provisions of chapter 73 of title 10, United States Code.”.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t10/s1431">10 USC 1431.</ref></p></sidenote></content></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Technical Amendments.</inline>—</heading> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>Section 122(b)(2) is amended by striking out “<quotedText>section 1438</quotedText>” in subparagraph (B) and inserting in lieu thereof “<quotedText>section 1438 or 1452(d)</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>Section 72(o) is amended by inserting after “<quotedText>Plan</quotedText>” in the <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 991.</p></sidenote> heading of such section “<quotedText>or Survivor Benefit Plan</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>Section 101(b)(2)(D) is amended by striking out “<quotedText>if the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s101">26 USC 101.</ref></p></sidenote> individual who made the election under such chapter</quotedText>” and inserting in lieu thereof “<quotedText>if the member or former member of the uniformed services by reason of whose death such annuity is payable</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>Section 2039(c) is amended by striking out “<quotedText>section 1438</quotedText>” <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s2039">26 USC 2039.</ref></p></sidenote> in the last sentence and inserting in lieu thereof “<quotedText>section 1438 or 1452(d)</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <heading><inline class="smallCaps">Effective Dates.</inline>—</heading><content>The amendments made by this section apply <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s122">26 USC 122</ref> note.</p></sidenote> to taxable years ending on or after September 21, 1972. The amendments made by paragraphs (3) and (4) of subsection (b) apply with respect to individuals dying on or after such date.</content></subsection> </section> </subtitle> 88 Stat. 995 <num value="III">TITLE III—</num><heading class="inline">JURISDICTION, ADMINISTRATION, ENFORCEMENT; JOINT PENSION TASK FORCE, ETC.</heading> <subtitle><num value="A">Subtitle A—</num><heading>Jurisdiction, Administration, and Enforcement</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">procedures in connection with the issuance of certain determination letters by the secretary of the treasury</inline></heading> <num value="3001"><inline class="smallCaps">Sec.</inline> 3001.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Before issuing an advance determination of whether <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1201">29 USC 1201.</ref></p></sidenote> a pension, profit-sharing, or stock bonus plan, a trust which is a part of such a plan, or an annuity or bond purchase plan meets the requirements of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1954, the Secretary of the Treasury shall require the person <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> applying for the determination to provide, in addition to any material and information necessary for such determination, such other material and information as may reasonably be made available at the time such application is made as the Secretary of Labor may require under title I of this Act for the administration of that title. The Secretary of <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 832.</p></sidenote> the Treasury shall also require that the applicant provide evidence satisfactory to the Secretary that the applicant has notified each employee who qualifies as an interested party (within the meaning of regulations prescribed under section 7476(b)(1) of such Code (relating <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 949.</p></sidenote> to declaratory judgments in connection with the qualification of certain retirement plans)) of the application for a determination.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">Whenever an application is made to the Secretary of the Treasury for a determination of whether a pension, profit-sharing, or stock bonus plan, a trust which is a part of such a plan, or an annuity or bond purchase plan meets the requirements of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1954, the Secretary shall upon request afford an opportunity to comment on the application at any time within 45 days after receipt thereof to—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>any employee or class of employee qualifying as an interested party within the meaning of the regulations referred to in subsection (a).</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the Secretary of Labor, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>the Pension Benefit Guaranty Corporation.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>The Secretary of Labor may not request an opportunity to comment upon such an application unless he has been requested in writing to do so by the Pension Benefit Guaranty Corporation or by the lesser of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>10 employees, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>10 percent of the employees</content></subparagraph> <continuation class="indent0 fontsize10">who qualify as interested parties within the meaning of the regulations referred to in subsection (a). Upon receiving such a request, the Secretary of Labor shall furnish a copy of the request to the Secretary of the Treasury within 5 days (excluding Saturdays, Sundays, and legal public holidays (as set forth in section 6103 of title 5, United States Code)).</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Upon receiving such a request from the Secretary of Labor, the Secretary of the Treasury shall furnish to the Secretary of Labor such information held by the Secretary of the Treasury relating to the application as the Secretary of Labor may request.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>The Secretary of Labor shall, within 30 days after receiving a request from the Pension Benefit Guaranty Corporation or from the <page identifier="/us/stat/88/996">88 <inline class="smallCaps">Stat.</inline> 996</page> necessary number of employees who qualify as interested parties, notify the Secretary of the Treasury, the Pension Benefit Guaranty Corporation, and such employees with respect to whether he is going to comment on the application to which the request relates and with respect to any matters raised in such request on which he is not going to comment. If the Secretary of Labor indicates in the notice required under the preceding sentence that he is not going to comment on all or part of the matters raised in such request, the Secretary of the Treasury shall afford the corporation, and such employees, an opportunity to comment on the application with respect to any matter on which the Secretary of Labor has declined to comment.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The Pension Benefit Guaranty Corporation and, upon petition of a group of employees referred to in subsection (b)(2), the Secretary of Labor, may intervene in any action brought for declaratory judgment under section 7476 of the Internal Revenue Code of 1954 <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 949.</p></sidenote> in accordance with the provisions of such section. The Pension Benefit Guaranty Corporation is permitted to bring an action under such section 7476 under such rules as may be prescribed by the United States Tax Court.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>If the Secretary of the Treasury determines that a plan or trust to which this section applies meets the applicable requirements of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1954 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> and issues a determination letter to the applicant, the Secretary shall notify the Secretary of Labor of his determination and furnish such information and material relating to the application and determination held by the Secretary of the Treasury as the Secretary of Labor may request for the proper administration of title I of this Act. The <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 832.</p></sidenote> Secretary of Labor shall accept the determination of the Secretary of the Treasury as prima facie evidence of initial compliance by the plan with the standards of parts 2, 3, and 4 of subtitle B of title I of this Act. If an application for such a determination is withdrawn, <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> pp. 852, 868, 874.</p></sidenote> or if the Secretary of the Treasury issues a determination that the plan or trust does not meet the requirements of such part I, the Secretary shall notify the Secretary of Labor of the withdrawal or determination.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>This section does not apply with respect to an application for any plan received by the Secretary of the Treasury before the date on which section 410 of the Internal Revenue Code of 1954 applies to <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 898.</p></sidenote> the plan, or on which such section will apply if the plan is determined by the Secretary to be a qualified plan.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">procedures with respect to continued compliance with requirements relating to participation, vesting, and funding standards</inline></heading> <num value="3002"><inline class="smallCaps">Sec.</inline> 3002.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">In carrying out the provisions of part I of subchapter <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1202">29 USC 1202.</ref></p></sidenote> D of chapter 1 of the Internal Revenue Code of 1954 with respect to whether a plan or a trust meets the requirements of section 410 (a) or 411 of such Code (relating to minimum participation standards and <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 901.</p></sidenote> minimum vesting standards, respectively), the Secretary of the Treasury shall notify the Secretary of Labor when the Secretary of the Treasury issues a preliminary notice of intent to disqualify related to the plan or trust or, if earlier, at the time of commencing any proceeding to determine whether the plan or trust satisfies such requirements. Unless the Secretary of the Treasury finds that the collection of a tax imposed under the Internal Revenue Code of 1954 is in jeopardy, the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1">26 USC 1</ref> <i>et seq.</i></p></sidenote> Secretary of the Treasury shall not issue a determination that the plan or trust does not satisfy the requirements of such section until <page identifier="/us/stat/88/997">88 <inline class="smallCaps">Stat.</inline> 997</page> the expiration of a period of 60 days after the date on which he notifies the Secretary of Labor of such review. The Secretary of the Treasury, in his discretion, may extend the 60-day period referred to in the preceding sentence if he determines that such an extension would enable the Secretary of Labor to obtain compliance with such requirements by the plan within the extension period. Except as otherwise provided in this Act, the Secretary of Labor shall not generally apply part 2 of title I of this Act to any plan or trust subject to sections <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 852.</p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> pp. 898, 901.</p></sidenote> 410(a) and 411 of such Code, but shall refer alleged general violations of the vesting or participation standards to the Secretary of the Treasury. (The preceding sentence shall not apply to matters relating to individuals benefits.)</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Unless the Secretary of the Treasury finds that the collection of <sidenote><p class="indent0 firstIndent1 fontsize8">Notice of deficiency.</p></sidenote> a tax is in jeopardy, in carrying out the provisions of section 4971 of the Internal Revenue Code of 1954 (relating to taxes on the failure to <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 920.</p></sidenote> meet minimum funding standards), the Secretary of the Treasury shall notify the Secretary of Labor before sending a notice of deficiency with respect to any tax imposed under that section on an employer. and, in accordance with the provisions of subsection (d) of that section, afford the Secretary of Labor an opportunity to comment on the imposition of the tax in the case. The Secretary of the Treasury may <sidenote><p class="indent0 firstIndent1 fontsize8">Waiver.</p></sidenote> waive the imposition of the tax imposed under section 4971(b) of such Code in appropriate cases. Upon receiving a written request from the Secretary of Labor or from the Pension Benefit Guaranty Corporation, the Secretary of the Treasury shall cause an investigation to be commenced expeditiously with respect to whether the tax imposed under section 4971 of such Code should be applied with respect to any employer to which the request relates. The Secretary of the Treasury and the Secretary of Labor shall consult with each other from time to time with respect to the provisions of section 412 of the Internal Revenue Code of 1954 (relating to minimum funding standards) and <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 914.</p></sidenote> with respect to the funding standards applicable under title I of this Act in order to coordinate the rules applicable under such standards.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Regulations prescribed by the Secretary of the Treasury under sections 410(a), 411, and 412 of the Internal Revenue Code of 1954 (relating to minimum participation standards, minimum vesting standards, and minimum funding standards, respectively) shall also apply to the minimum participation, vesting, and funding standards set forth in parts 2 and 3 of subtitle B of title I of this Act. Except <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> pp. 852, 868.</p></sidenote> as otherwise expressly provided in this Act, the Secretary of Labor shall not prescribe other regulations under such parts, or apply the regulations prescribed by the Secretary of the Treasury under sections 410(a), 411, 412 of the Internal Revenue Code of 1954 and applicable to the minimum participation, vesting, and funding standards under such parts in a manner inconsistent with the way such regulations apply under sections 410(a), 411, and 412 of such Code.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>The Secretary of Labor and the Pension Benefit Guaranty <sidenote><p class="indent0 firstIndent1 fontsize8">Review of briefs.</p></sidenote> Corporation, before filing briefs in any case involving the construction or application of minimum participation standards, minimum vesting standards, or minimum funding standards under title I of this Act, shall afford the Secretary of the Treasury a reasonable <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 832.</p></sidenote> opportunity to review any such brief. The Secretary of the Treasury shall have the right to intervene in any such case.</content></subsection> </section> <page identifier="/us/stat/88/998">88 <inline class="smallCaps">Stat.</inline> 998</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">procedures in connection with prohibited transactions</inline></heading> <num value="3003"><inline class="smallCaps">Sec.</inline> 3003.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Unless the Secretary of the Treasury finds that the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1203">29 USC 1203.</ref></p></sidenote> collection of a tax is in jeopardy, in carrying out the provisions of section 4975 of the Internal Revenue Code of 1954 (relating to tax on <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 971.</p></sidenote> prohibited transactions) the Secretary of the Treasury shall, in accordance with the provisions of subsection (h) of such section, notify the Secretary of Labor before sending a notice of deficiency with respect to the tax imposed by subsection (a) or (b) of such section, and, in accordance with the provisions of subsection (h) of such section, afford the Secretary an opportunity to comment on the imposition of the tax in any case. The Secretary of the Treasury shall have authority to waive the imposition of the tax imposed under section 4975(b) in appropriate cases. Upon receiving a written request from the Secretary of Labor or from the Pension Benefit Guaranty Corporation, the Secretary of the Treasury shall cause an investigation to be carried out with respect to whether the tax imposed by section 4975 of such Code should be applied to any person referred to in the request.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The Secretary of the Treasury and the Secretary of Labor shall consult with each other from time to time with respect to the provisions of section 4975 of the Internal Revenue Code of 1954 (relating to tax on prohibited transactions) and with respect to the provisions of title I of this Act relating to prohibited transactions and <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 832.</p></sidenote> exemptions therefrom in order to coordinate the rules applicable under such standards.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Whenever the Secretary of Labor obtains information indicating that a party-in-interest or disqualified person is violating section 406 of this Act, he shall transmit such information to the Secretary <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 879.</p></sidenote> of the Treasury.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">coordination between the department of the treasury and the department of labor</inline></heading> <num value="3004"><inline class="smallCaps">Sec.</inline> 3004.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Whenever in this Act or in any provision of law <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1204">29 USC 1204.</ref></p></sidenote> amended by this Act the Secretary of the Treasury and the Secretary of Labor are required to carry out provisions relating to the same subject matter (as determined by them) they shall consult with each other and shall develop rules, regulations, practices, and forms which, to the extent appropriate for the efficient administration of such provisions, are designed to reduce duplication of effort, duplication of reporting, conflicting or overlapping requirements, and the burden of compliance with such provisions by plan administrators, employers, and participants and beneficiaries.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>In order to avoid unnecessary expense and duplication of functions among Government agencies, the Secretary of the Treasury and the Secretary of Labor may make such arrangements or agreements for cooperation or mutual assistance in the performance of their functions under this Act, and the functions of any such agency as they find to be practicable and consistent with law. The Secretary of the Treasury and the Secretary of Labor may utilize, on a reimbursable or other basis, the facilities or services, of any department, agency, or establishment of the United States or of any State or political subdivision of a State, including the services, of any of its employees, with the lawful consent of such department, agency, or establishment; and each department, agency, or establishment of the United States is authorized and <page identifier="/us/stat/88/999">88 <inline class="smallCaps">Stat.</inline> 999</page> directed to cooperate with the Secretary of the Treasury and the Secretary of Labor and, to the extent permitted by law, to provide such information and facilities as they may request for their assistance in the performance of their functions under this Act. The Attorney General or his representative shall receive from the Secretary of the Treasury and the Secretary of Labor for appropriate action such evidence developed in the performance of their functions under this Act as may be found to warrant consideration for criminal prosecution under the provisions of this title or other Federal law.</content></subsection> </section> </subtitle> <subtitle><num value="B">Subtitle B—</num><heading>Joint Pension Task Force; Studies</heading> <part><num value="1">PART 1—</num><heading>JOINT PENSION TASK FORCE</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">establishment</inline></heading> <num value="3021"><inline class="smallCaps">Sec.</inline> 3021.</num> <content>The staffs of the Committee on Ways and Means and the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1221">29 USC 1221.</ref></p></sidenote> Committee on Education and Labor of the House of Representatives, the Joint Committee on Internal Revenue Taxation, and the Committee on Finance and the Committee on Labor and Public Welfare of the Senate shall carry out the duties assigned under this title to the Joint Pension Task Force. By agreement among the chairmen of such Committees, the Joint Pension Task Force shall be furnished with office space, clerical personnel, and such supplies and equipment as may be necessary for the Joint Pension Task Force to carry out its duties under this title.</content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">duties</inline></heading> <num value="3022"><inline class="smallCaps">Sec.</inline> 3022.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Joint Pension Task Force shall, within 24 months <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1222">29 USC 1222.</ref></p></sidenote> after the date of enactment of this Act, make a full study and review of—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the effect of the requirements of section 411 of the Internal Revenue Code of 1954 and of section 203 of this Act to determine <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> pp. 901, 854.</p></sidenote> the extent of discrimination, if any, among employees in various age groups resulting from the application of such requirements;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>means of providing for the portability of pension rights among different pension plans;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>the appropriate treatment under title IV of this Act (relating <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1003.</p></sidenote> to termination insurance) of plans established and maintained by small employers;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>the effects and desirability of the Federal preemption of State and local law with respect to matters relating to pension and similar plans; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>such other matter as any of the committees referred to in section 3021 may refer to it.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Supra.</i></p></sidenote></content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The Joint Pension Task Force shall report the results of its study and review to each of the committees referred to in section 3021.</content></subsection> </section> </part> <part> <num value="2">PART 2—</num><heading>OTHER STUDIES</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">congressional study</inline></heading> <num value="3031"><inline class="smallCaps">Sec.</inline> 3031.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Committee on Education and Labor and the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1231">29 USC 1231.</ref></p></sidenote> Committee on Ways and Means of the House of Representatives and the Committee on Finance and the Committee on Labor and Public Welfare of the Senate shall study retirement plans established and maintained or financed (directly or indirectly) by the Government of <page identifier="/us/stat/88/1000">88 <inline class="smallCaps">Stat.</inline> 1000</page> the United States, by any State (including the District of Columbia) or political subdivision thereof, or by any agency or instrumentality of any of the foregoing. Such study shall include an analysis of—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the adequacy of existing levels of participation, vesting, and financing arrangements,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>existing fiduciary standards, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>the necessity for Federal legislation and standards with respect to such plans.</content></paragraph> <continuation class="indent0 fontsize10">In determining whether any such plan is adequately financed, each committee shall consider the necessity for minimum funding standards, as well as the taxing power of the government maintaining the plan.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Not later than December 31, 1976, the Committee on Education <sidenote><p class="indent0 firstIndent1 fontsize8">Report to House and Senate.</p></sidenote> and Labor and the Committee on Ways and Means shall each submit to the House of Representatives the results of the studies conducted under this section, together with such recommendations as they deem appropriate. The Committee on Finance and the Committee on Labor and Public Welfare shall each submit to the Senate the results of the studies conducted under this section together with such recommendations as they deem appropriate not later than such date.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">protection for employees under federal procurement, construction, and research contracts and grants</inline></heading> <num value="3032"><inline class="smallCaps">Sec.</inline> 3032.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary of Labor shall, during the 2-year period <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1232">29 USC 1232.</ref></p></sidenote> beginning on the date of the enactment of this Act, conduct a full and complete study and investigation of the steps necessary to be taken to insure that professional, scientific, and technical personnel and others working in associated occupations employed under Federal procurement, construction, or research contracts or grants will, to the extent feasible, be protected against forfeitures of pension or retirement rights or benefits, otherwise provided, as a consequence of job transfers or loss of employment resulting from terminations or modifications of Federal contracts, grants, or procurement policies. The Secretary of Labor shall report the results of his study and <sidenote><p class="indent0 firstIndent1 fontsize8">Report to Congress.</p></sidenote> investigation to the Congress within 2 years after the date of the enactment of this Act. The Secretary of Labor is authorized, to the extent provided by law, to obtain the services of private research institutions and such other persons by contract or other arrangement as he determines necessary in carrying out the provisions of this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>In the course of conducting the study and investigation described in subsection (a), and in developing the regulations referred to in subsection (c), the Secretary of Labor shall consult—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>with appropriate professional societies, business organizations, and labor organizations, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>with the heads of interested Federal departments and agencies.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Within 1 year after the date on which he submits his report to <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> the Congress under subsection (a), the Secretary of Labor shall, if he determines it to be feasible, develop regulations which will provide the protection of pension and retirement rights and benefits referred to in subsection (a).</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">Any regulations developed pursuant to subsection (c) shall take effect if, and only if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the Secretary of Labor, not later than the day which is 3 years after the date of the enactment of this Act, delivers a copy of such regulations to the House of Representatives and a copy to the Senate, and</content></subparagraph> <page identifier="/us/stat/88/1001">88 <inline class="smallCaps">Stat.</inline> 1001</page> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>before the close of the 120-day period which begins on the day on which the copies of such regulations are delivered to the House of Representatives and to the Senate, neither the House of Representatives nor the Senate adopts, by an affirmative vote of a majority of those present and voting in that House, a resolution of disapproval.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>For purposes of this subsection, the term “resolution of disapproval” <sidenote><p class="indent0 firstIndent1 fontsize8">“Resolution of disapproval.”</p></sidenote> means only a resolution of either House of Congress, the matter after the resolving clause of which is as follows: “That the <fillIn style="font-family:monospace">——</fillIn> does not favor the taking effect of the regulations transmitted to the Congress by the Secretary of Labor on <fillIn style="font-family:monospace">——</fillIn>”, the first blank space therein being filled with the name of the resolving House and the second blank space therein being filled with the day and year.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>A resolution of disapproval in the House of Representatives shall be referred to the Committee on Education and Labor. A resolution of disapproval in the Senate shall be referred to the Committee on Labor and Public Welfare.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">If the committee to which a resolution of disapproval has been referred has not reported it at the end of 7 calendar days after its introduction, it is in order to move either to discharge the committee from further consideration of the resolution or to discharge the committee from further consideration of any other resolution of disapproval which has been referred to the committee.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>A motion to discharge may be made only by an individual favoring the resolution, is highly privileged (except that it may not be made after the committee has reported a resolution of disapproval), and debate thereon shall be limited to not more than 1 hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <content>If the motion to discharge is agreed to or disagreed to, the motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other resolution of disapproval.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">When the committee has reported, or has been discharged from further consideration of, a resolution of disapproval, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>Debate on the resolution of disapproval shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is not debatable. An amendment to, or motion to recommit, the resolution is not in order, and it is not in order to move to reconsider the vote by which the resolution is agreed to or disagreed to.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="6">(6)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">Motions to postpone, made with respect to the discharge from committee or the consideration of a resolution of disapproval, and motions to proceed to the consideration of other business, shall be decided without debate.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>Appeals from the decisions of the Chair relating to the application <sidenote><p class="indent0 firstIndent1 fontsize8">Appeals.</p></sidenote> of the rules of the House of Representatives or the Senate, as the case may be, to the procedure relating to any resolution of disapproval shall be decided without debate.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="7">(7)</num> <content>Whenever the Secretary of Labor transmits copies of the regulations <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations to House and Senate.</p></sidenote> to the Congress, a copy of such regulations shall be delivered to <page identifier="/us/stat/88/1002">88 <inline class="smallCaps">Stat.</inline> 1002</page> each House of Congress on the same day and shall be delivered to the Clerk of the House of Representatives if the House is not in session and to the Secretary of the Senate if the Senate is not in session.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="8">(8)</num> <chapeau>The 120 day period referred to in paragraph (1) shall be computed by excluding—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the days on which either House is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>any Saturday and Sunday, not excluded under subparagraph (A), when either House is not in session.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="9">(9)</num> <chapeau>This subsection is enacted by the Congress—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of resolutions of disapproval described in paragraph (2); and they supersede other rules only to the extent that they are inconsistent therewith; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.</content></subparagraph></paragraph></subsection> </section> </part> </subtitle> <subtitle> <num value="C">Subtitle C—</num><heading>Enrollment of Actuaries</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">establishment of joint board for the enrollment of actuaries</inline></heading> <num value="3041"><inline class="smallCaps">Sec.</inline> 3041.</num> <content>The Secretary of Labor and the Secretary <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1241">29 USC 1241.</ref></p></sidenote> of the Treasury shall, not later than the last day of the first calendar month beginning after the date of the enactment of this Act, establish a Joint Board for the Enrollment of Actuaries (hereinafter in this part referred to as the “Joint Board”).</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">enrollment by joint board</inline></heading> <num value="3042"><inline class="smallCaps">Sec.</inline> 3042.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Joint Board shall, by regulations, establish reasonable <sidenote><p class="indent0 firstIndent1 fontsize8">Standards and qualifications.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1242">29 USC 1242.</ref></p></sidenote> standards and qualifications for persons performing actuarial services with respect to plans in which this Act applies and, upon application by any individual, shall enroll such individual if the Joint Board finds that such individual satisfies such standards and qualifications. With respect to individuals applying for enrollment before January 1, 1976, such standards and qualifications shall include a requirement for an appropriate period of responsible actuarial experience relating to pension plans. With respect to individuals applying for enrollment on or after January 1, 1976, such standards and qualifications shall include—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <chapeau>education and training in actuarial mathematics and methodology, as evidenced by—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>a degree in actuarial mathematics or its equivalent from an accredited college or university,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>successful completion of an examination in actuarial mathematics and methodology to be given by the Joint Board, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>successful completion of other actuarial examinations deemed adequate by the Joint Board, and</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>an appropriate period of responsible actuarial experience.</content></paragraph> <continuation class="indent0 fontsize10">Notwithstanding the preceding provisions of this subsection, the Joint Board may provide for the temporary enrollment for the period end-<page identifier="/us/stat/88/1003">88 <inline class="smallCaps">Stat.</inline> 1003</page>ing on January 1, 1976, of actuaries under such interim standards as it deems adequate.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>The Joint Board may, after notice and an opportunity for a <sidenote><p class="indent0 firstIndent1 fontsize8">Enrollment termination.</p></sidenote> hearing, suspend or terminate the enrollment of an individual under this section if it finds that such individual—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>has failed to discharge his duties under this Act, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>does not satisfy the requirements for enrollment as in effect at the time of his enrollment.</content></paragraph> <continuation class="indent0 fontsize10">The Joint Board may also, after notice and opportunity for hearing, <sidenote><p class="indent0 firstIndent1 fontsize8">Notice and hearing.</p></sidenote> suspend or terminate the temporary enrollment of an individual who fails to discharge his duties under this Act or who does not satisfy the interim enrollment standards.</continuation></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">amendment of internal revenue code</inline></heading> <num value="3043"><inline class="smallCaps">Sec.</inline> 3043.</num> <content>Section 7701(a) of the Internal Revenue Code of 1954 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s7701">26 USC 7701.</ref></p></sidenote> (relating to definitions) is amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indentUp1 fontsize10"><num value="35">“(35)</num> <heading><inline class="smallCaps">Enrolled actuary.</inline>—</heading><content>The term ‘enrolled actuary’ means a person who is enrolled by the Joint Board for the Enrollment of Actuaries established under subtitle C of the title III of the Employee Retirement Income Security Act of 1974.”<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 1002.</p></sidenote></content></paragraph> </quotedContent> </content> </section> </subtitle> <num value="IV">TITLE IV—</num><heading class="inline">PLAN TERMINATION INSURANCE</heading> <subtitle><num value="A">Subtitle A—</num><heading>Pension Benefit Guaranty Corporation</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">definitions</inline></heading> <num value="4001"><inline class="smallCaps">Sec.</inline> 4001.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">For purposes of this title, the term—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1301">29 USC 1301.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>“administrator” means the person or persons described in paragraph (16) of section 3 of this Act;<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 833.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <chapeau>“substantial employer” means for any plan year an employer (treating employers who are members of the same affiliated group, within the meaning of section 1563(a) of the Internal Revenue Code of 1954, determined without regard to section <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1563">29 USC 1563.</ref></p></sidenote> 1563(a)(4) and (e)(3)(C) of such Code, as one employer) who has made contributions to or under a plan under which more than one employer makes contributions for each of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the two immediately preceding plan years, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the second and third preceding plan years,</content></subparagraph> <continuation class="indent0 fontsize10">equaling or exceeding 10 percent of all employer contributions paid to or under that plan for each such year;</continuation></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>“multiemployer plan” means a multiemployer plan as defined in section 414(f) of the Internal Revenue Code of 1954 (as <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 925.</p></sidenote> added by this Act but without regard to whether such section is in effect on the date of enactment of this Act);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>“corporation”, except where the context clearly requires otherwise, means the Pension Benefit Guaranty Corporation established under section 4002;<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1004.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>“fund” means the appropriate fund established under section 4005;<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1009.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>“basic benefits” means benefits guaranteed under section 4022 other than under section 4022(c); and<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1016.</p></sidenote></content></paragraph> <page identifier="/us/stat/88/1004">88 <inline class="smallCaps">Stat.</inline> 1004</page> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>“non-basic benefits” means benefits guaranteed under section 4022(c).<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1016.</p></sidenote></content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>An individual who owns the entire interest in an unincorporated trade or business is treated as his own employer, and a partnership is treated as the employer of each partner who is an employee within the meaning of section 401(c)(1) of the Internal Revenue Code of 1954. For purposes of this title, under regulations prescribed by the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> corporation, all employees of trades or businesses (whether or not incorporated) which are under common control shall be treated as employed by a single employer and all such trades and businesses as a single employer. The regulations prescribed under the preceding sentence shall be consistent and coextensive with regulations prescribed for similar purposes by the Secretary of the Treasury under section 414(c) of the Internal Revenue Code of 1954.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 925.</p></sidenote></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">pension benefit guaranty corporation</inline></heading> <num value="4002"><inline class="smallCaps">Sec.</inline> 4002.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">There is established within the Department of Labor <sidenote><p class="indent0 firstIndent1 fontsize8">Establishment.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1302">29 USC 1302.</ref></p></sidenote> a body corporate to be known as the Pension Benefit Guaranty Corporation. In carrying out its functions under this title, the corporation shall be administered by the chairman of the board of directors in accordance with policies established by the board. The purposes of this title, which are to be carried out by the corporation, are—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>to encourage the continuation and maintenance of voluntary private pension plans for the benefit of their participants,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>to provide for the timely and uninterrupted payment of pension benefits to participants and beneficiaries under plans to which this title applies, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>to maintain premiums established by the corporation under section 4006 at the lowest level consistent with carrying out its <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1010.</p></sidenote> obligations under this title.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>To carry out the purposes of this title, the corporation has the <sidenote><p class="indent0 firstIndent1 fontsize8">Functions.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/dcc/29/1001">D.C. Code 29–1001.</ref></p></sidenote> powers conferred on a nonprofit corporation under the District of Columbia Nonprofit Corporation Act and, in addition to any specific power granted to the corporation elsewhere in this title or under that Act, the corporation has the power—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>to sue and be sued, complain and defend, in its corporate name and through its own counsel, in any court, State or Federal;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>to adopt, alter, and use a corporate seal, which shall be judicially noticed;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>to adopt, amend, and repeal, by the board of directors, bylaws, rules, and regulations relating to the conduct of its business and the exercise of all other rights and powers granted to it by this Act;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>to conduct its business (including the carrying on of operations and the maintenance of offices) and to exercise all other rights and powers granted to it by this Act in any State or other jurisdiction without regard to qualification, licensing, or other requirements imposed by law in such State or other jurisdiction;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>to lease, purchase, accept gifts or donations of, or otherwise to acquire, to own, hold, improve, use, or otherwise deal in or with, and to sell, convey, mortgage, pledge, lease, exchange, or otherwise dispose of, any property, real, personal, or mixed, or any interest therein wherever situated;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>to appoint and fix the compensation of such officers, attorneys, employees, and agents as may be required, to determine their qualifications, to define their duties, and, to the extent desired by the corporation, require bonds for them and fix the penalty <page identifier="/us/stat/88/1005">88 <inline class="smallCaps">Stat.</inline> 1005</page> thereof, and to appoint and fix the compensation of experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>to utilize the personnel and facilities of any other agency or department of the United States Government, with or without reimbursement, with the consent of the head of such agency or department; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <content>to enter into contracts, to execute instruments, to incur liabilities, and to do any and all other acts and things as may be necessary or incidental to the conduct of its business and the exercise of all other rights and powers granted to the corporation by this Act.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Section 5108 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="g">“(g)</num> <content>In addition to the number of positions authorized by subsection (a), the Pension Benefit Guaranty Corporation is authorized, without regard to any other provision of this section, to place one position in the corporation at GS–18 and a total of 10 positions in the corporation at GS–16 and 17.”.</content></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>The board of directors of the corporation consists of the Secretary <sidenote><p class="indent0 firstIndent1 fontsize8">Membership.</p></sidenote> of the Treasury, the Secretary of Labor, and the Secretary of Commerce. Members of the board shall serve without compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of their duties as members of the board. The Secretary of Labor is the chairman of the board of directors.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>The board of directors shall meet at the call of its chairman, or as otherwise provided by the bylaws of the corporation.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>As soon as practicable, but not later than 180 days after the <sidenote><p class="indent0 firstIndent1 fontsize8">Bylaws and rules.</p></sidenote> date of enactment of this Act, the board of directors shall adopt initial bylaws and rules relating to the conduct of the business of the corporation. Thereafter, the board of directors may alter, supplement, or repeal any existing bylaw or rule, and may adopt additional bylaws and rules from time to time as may be necessary. The chairman of the board shall cause a copy of the bylaws of the corporation to be published in the Federal Register not less often than once each year.</content><sidenote><p class="indent0 firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The corporation, its property, its franchise, capital, reserves, <sidenote><p class="indent0 firstIndent1 fontsize8">Tax exemption</p></sidenote> surplus, and its income (including, but not limited to, any income of any fund established under section 4005), shall be exempt from all taxation now or hereafter imposed by any State or local taxing authority, except that any real property and any tangible personal property (other than cash and securities) of the corporation shall be subject to State and local taxation to the same extent according to its value as other real and tangible personal property is taxed.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The receipts and disbursements of the corporation in the discharge of its functions shall not be included in the totals of the budget of the United States Government and shall be exempt from any general limitations imposed by statute on budget outlays of the United States. Except as explicitly provided in this title, the United States is not liable for any obligation or liability incurred by the corporation.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Section 101 of the Government Corporation Control Act (31 U.S.C. 846) is amended by inserting before the period a semicolon and the following: “<quotedText>and Pension Benefit Guaranty Corporation</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">There is established an advisory committee to the corporation, <sidenote><p class="indent0 firstIndent1 fontsize8">Advisory committee.</p> <p class="indent0 firstIndent1 fontsize8">Establishment.</p></sidenote> for the purpose of advising the corporation as to its policies and procedures relating to (A) the appointment of trustees in termination proceedings, (B) investment of moneys, (C) whether plans being terminated should be liquidated immediately or continued in operation under a trustee, and (D) such other issues as the corporation may <page identifier="/us/stat/88/1006">88 <inline class="smallCaps">Stat.</inline> 1006</page> request from time to time. The advisory committee may also recommend persons for appointment as trustees in termination proceedings, make recommendations with respect to the investment of moneys in the funds, and advise the corporation as to whether a plan subject to being terminated should be liquidated immediately or continued in operation under a trustee.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The advisory committee consists of seven members appointed, <sidenote><p class="indent0 firstIndent1 fontsize8">Memberships.</p></sidenote> from among individuals recommended by the board of directors, by the President. Of the seven members, two shall represent the interests of employee organizations, two shall represent the interests of employers who maintain pension plans, and three shall represent the interests of the general public. The President shall designate one member as chairman at the time of the appointment of that member.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Members shall serve for terms of 3 years each, except that, of <sidenote><p class="indent0 firstIndent1 fontsize8">Terms.</p></sidenote> the members first appointed, one of the members representing the interests of employee organizations, one of the members representing the interests of employers, and one of the members representing the interests of the general public shall be appointed for terms of 2 years each, one of the members representing the interests of the general public shall be appointed for a term of 1 year, and the other members shall be appointed to full 3-year terms. The advisory committee shall meet at least six times each year and at such other times as may be determined by the chairman or requested by any three members of the advisory committee.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>Members shall be chosen on the basis of their experience with employee organizations, with employers who maintain pension plans, with the administration of pension plans, or otherwise on account of outstanding demonstrated ability in related fields. Of the members serving on the advisory committee at any time, no more than four shall be affiliated with the same political party.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>An individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed only for the unexpired term of the member he succeeds. Any vacancy occurring in the office of a member of the advisory committee shall be filled in the manner in which that office was originally filled.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="6">(6)</num> <content>The advisory committee shall appoint and fix the compensation <sidenote><p class="indent0 firstIndent1 fontsize8">Compensation.</p></sidenote> of such employees as it determines necessary to discharge its duties, including experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code. The corporation shall furnish to the advisory committee such professional, secretarial, and other services as the committee may request.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="7">(7)</num> <content>Members of the advisory committee shall, for each day (including traveltime) during which they are attending meetings or conferences of the committee or otherwise engaged in the business of the committee, be compensated at a rate fixed by the corporation which is not in excess of the daily equivalent of the annual rate of basic pay in effect for grade GS–18 of the General Schedule, and while away <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332</ref> note.</p></sidenote> from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="8">(8)</num> <content>The Federal Advisory Committee Act does not apply to the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s1">5 USC app. 1.</ref></p></sidenote> advisory committee established by this subsection.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">investigatory authority; cooperation with other agencies; civil actions</inline></heading> <num value="4003"><inline class="smallCaps">Sec.</inline> 4003.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The corporation may make such investigations as it <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1303">29 USC 1303.</ref></p></sidenote> deems necessary to determine whether any person has violated or is about to violate any provision of this title or any rule or regulation thereunder, and may require or permit any person to file with it a <page identifier="/us/stat/88/1007">88 <inline class="smallCaps">Stat.</inline> 1007</page> statement in writing, under oath or otherwise as the corporation shall determine, as to all the facts and circumstances concerning the matter to be investigated.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>For the purpose of any such investigation, or any other proceeding under this title, any member of the board of directors of the corporation, or any officer designated by the chairman, may administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, or other records which the corporation deems relevant or material to the inquiry.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>In case of legitimacy by, or refusal to obey a subpena issued to, any person, the corporation may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, and other records. The court may issue an order requiring such person to appear before the corporation, or member or officer designated by the corporation, and to produce records or to give testimony related to the matter under investigation or in question. Any failure to obey such order of the court may be punished by the court as a contempt thereof. All process in any such case may be served in the judicial district in which such person is an inhabitant or may be found.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>In order to avoid unnecessary expense and duplication of functions among government agencies, the corporation may make such arrangements or agreements for cooperation or mutual assistance in the performance of its functions under this title as is practicable and consistent with law. The corporation may utilize the facilities or services of any department, agency, or establishment of the United States or of any State or political subdivision of a State, including the services of any of its employees, with the lawful consent of such department, agency, or establishment. The head of each department, agency, or establishment of the United States shall cooperate with the corporation and, to the extent permitted by law, provide such information and facilities as it may request for its assistance in the performance of its functions under this title. The Attorney General or his representative shall receive from the corporation for appropriate action such evidence developed in the performance of its functions under this title as may be found to warrant consideration for criminal prosecution under the provisions of this or any other Federal law.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Civil actions may be brought by the corporation for appropriate relief, legal or equitable or both, to redress violations of the provisions of this title.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Except as otherwise provided in this title, where such an action is brought in a district court of the United States, it may be brought in the district where the plan is administered, where the violation took place, or where a defendant resides or may be found, and process may be served in any other district where a defendant resides or may be found.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The district courts of the United States shall have jurisdiction <sidenote><p class="indent0 firstIndent1 fontsize8">Jurisdiction.</p></sidenote> of actions brought by the corporation under this title without regard to the amount in controversy in any such action.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>Upon application by the corporation to a court of the United States for expedited handling of any case in which the corporation is a party, it is the duty of that court to assign such case for hearing at the earliest practical date and to cause such case to be in every way expedited.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>In any action brought under this title, whether to collect premiums, penalties, and interest under section 4007 or for any other <page identifier="/us/stat/88/1008">88 <inline class="smallCaps">Stat.</inline> 1008</page> purpose, the court may award to the corporation all or a portion of the costs of litigation incurred by the corporation in connection with such action.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>Any participant, beneficiary, plan administrator, or employee adversely affected by any action of the corporation, or by a receiver or trustee appointed by the corporation, with respect to a plan in which such participant, beneficiary, plan administrator or employer has an interest, may bring an action against the corporation, receiver, or trustee in the appropriate court. For purposes of this subsection the term “appropriate court” means the United States district court before which proceedings under section 4041 or 4042 of this title are <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> pp. 1020, 1021.</p></sidenote> being conducted, or if no such proceedings are being conducted the United States district court for the district in which the plan has its principal office, or the United States district court for the District of Columbia. The district courts of the United States have jurisdiction of actions brought under this subsection without regard to the amount in controversy.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">temporary authority for initial period</inline></heading> <num value="4004"><inline class="smallCaps">Sec.</inline> 4004.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Notwithstanding anything to the contrary in this <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1304">29 USC 1304.</ref></p></sidenote> title, the corporation may, upon receipt of notice that a plan is to be terminated or upon making a determination described in section 4042, appoint a receiver whose powers shall take effect immediately. The receiver shall assume control of such plan and its assets, protecting the interests of all interested persons during subsequent proceedings.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Within a reasonable time, not exceeding 20 days, after the appointment of a receiver under subsection (a), the corporation shall apply to an appropriate United States district court for a decree approving such appointment. The court to which application is made shall issue a decree approving such appointment unless it determines that such approval would not be in the best interests of the participants and beneficiaries of the plan.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>If the court to which application is made under paragraph (1) dismisses the application with prejudice, or if the corporation fails to apply for a decree under paragraph (1) within 20 days after the appointment of the receiver, the receiver shall transfer all assets and records of the plan held by him to the plan administrator within 3 business days after such dismissal or the expiration of the 20 day period. The receiver shall not be liable to the plan or to any other person for his acts as receiver other than for willful misconduct, or for conduct in violation of the provisions of part 4 of subpart B of title I of this Act (except to the extent that the provisions of section <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 874.</p></sidenote> 4042(d)(1)(A) provide otherwise).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The corporation is authorized, as an alternative to appointing a receiver under subsection (a), to direct a plan administrator to apply to a district court of the United States for the appointment of a receiver to assume control of the plan and its assets for the purpose of protecting the interests of all interested persons until the plan can be terminated under the provisions of this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>A receiver appointed under this section has the powers of a trustee under section 4042(d)(1)(A) and (B), and shall report to the corporation and the court on the plan from time to time as required by either the corporation or the court. As soon as practicable after his appointment, a receiver appointed under this section shall determine whether the assets of the plan are sufficient to discharge when due all obligations of the plan with respect to benefits guaranteed under this title in accordance with the requirements of section 4044. <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1025.</p></sidenote> If the determination of the receiver is approved by the corporation and the court, the receiver shall proceed as if he were a trustee appointed under section 4042.</content></subsection> <page identifier="/us/stat/88/1009">88 <inline class="smallCaps">Stat.</inline> 1009</page> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>A receiver may not be appointed under this section more than 270 days after the date of enactment of this Act.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <chapeau>In addition to its other powers under this title, for only the first 270 days after the date of enactment of this Act the corporation may—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>contract for printing without regard to the provisions of chapter 5 of title 44, United States Code,<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t44/s501">44 USC 501.</ref></p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>waive any notice required under this title if the corporation finds that a waiver is necessary or appropriate,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>extend the 90-day period referred to in section 4041(a) for <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1020.</p></sidenote> an additional 90 days without the agreement of the plan administrator and without application to a court as required under section 4041(d), and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>waive the application of the provisions of sections 4062, 4063, and 4064 to, or reduce the liability imposed under such sections <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> pp. 1029, 1030, 1031.</p></sidenote> on, any employer with respect to a plan terminating during that 270 day period if the corporation determines that such waiver or reduction is necessary to avoid unreasonable hardship in any case in which the employer was not able, as a practical matter, to continue the plan.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">establishment of pension benefit guaranty funds</inline></heading> <num value="4005"><inline class="smallCaps">Sec.</inline> 4005.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">There are established on the books of the Treasury <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1305">29 USC 1305.</ref></p></sidenote> of the United States four revolving funds to be used by the corporation in carrying out its duties under this title. One of the funds shall be used in connection with benefits guaranteed under sections 4022 and 4023 (but not non-basic benefits) with respect to plans other than multiemployer plans, one of the funds shall be used with respect to such benefits guaranteed under such sections (other than non-basic benefits) for multiemployer plans, one of the funds shall be used with respect to non-basic benefits, if any are guaranteed by the corporation under section 4022, for plans which are not multiemployer plans, and the remaining fund shall be used with respect to non-basic benefits, if any are guaranteed by the corporation under section 4022, for multiemployer plans. Whenever in this title reference is made to the term “fund” the reference shall be considered to refer to the appropriate fund established under this subsection.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">Each fund established under this section shall be credited with the appropriate portion of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>funds borrowed under subsection (c),</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>premiums, penalties, interest, and charges collected under this title,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>the value of the assets of a plan administered under section 4042 by a trustee to the extent that they exceed the liabilities of such plan,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>the amount of any employer liability payments under subtitle D, to the extent that such payments exceed liabilities of the plan (taking into account all other plan assets),</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">(E)</num> <content>earnings on investments of the fund or on assets credited to the fund under this subsection, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="F">(F)</num> <content>receipts from any other operations under this title.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>Subject to the provisions of subsection (a), each fund shall be available—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>for making such payments as the corporation determines are necessary to pay benefits guaranteed under section 4022,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>for making such payments as the corporation determines are necessary under section 4023,</content></subparagraph> <page identifier="/us/stat/88/1010">88 <inline class="smallCaps">Stat.</inline> 1010</page> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>to purchase assets from a plan being terminated by the corporation when the corporation determines such purchase will best protect the interests of the corporation, participants in the plan being terminated, and other insured plans,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>to repay to the Secretary of the Treasury such sums as may be borrowed (together with interest thereon) under subsection (c), and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">(E)</num> <content>to pay the operational and administrative expenses of the corporation, including reimbursement of the expenses incurred by the Department of the Treasury in maintaining the funds, and the Comptroller General in auditing the corporation.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Whenever the corporation determines that the moneys of any fund are in excess of current needs, it may request the investment of such amounts as it determines advisable by the Secretary of the Treasury in obligations issued or guaranteed by the United States but, until all borrowings under subsection (c) have been repaid, the obligations in which such excess moneys are invested may not yield a rate of return in excess of the rate of interest payable on such borrowings.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The corporation is authorized to issue to the Secretary of the Treasury notes or other obligations in an aggregate amount of not to exceed $100,000,000, in such forms and denominations, bearing such maturities, and subject to such terms and conditions as may be prescribed by the Secretary of the Treasury. Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of such notes or other obligations of the corporation. The Secretary of the Treasury is authorized and directed to purchase any notes or other obligations issued by the corporation under this subsection, and for that purpose he is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, as amended, and the purposes for which securities may <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s774">31 USC 774.</ref></p></sidenote> be issued under that Act, as amended, are extended to include any purchase of such notes and obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this subsection. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">premium rates</inline></heading> <num value="4006"><inline class="smallCaps">Sec.</inline> 4006.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The corporation shall prescribe such insurance <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1306">29 USC 1306.</ref></p></sidenote> premium rates and such coverage schedules for the application of those rates as may be necessary to provide sufficient revenue to the fund for the corporation to carry out its functions under this title. The premium rates charged by the corporation for any period shall be uniform for all plans, other than multiemployer plans insured by the corporation, with respect to basic benefits guaranteed by it under section 4022, and shall be uniform for all multiemployer plans with respect to basic benefits guaranteed by it under such section. The premium rates charged by the corporation for any period for non-basic benefits guaranteed by it shall be uniform by category of non-basic benefit guaranteed, shall be based on the risk insured in each category, and shall reflect the experience of the corporation (including reasonably anticipated experience) in guaranteeing such benefits.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>The corporation shall maintain separate coverage schedules for—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <chapeau>basic benefits guaranteed by it under section 4022 for—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>plans which are multiemployer plans, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>plans which are not multiemployer plans,</content></clause></subparagraph> <page identifier="/us/stat/88/1011">88 <inline class="smallCaps">Stat.</inline> 1011</page> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>employers insured under section 4023 against liability under subtitle D of this title, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>non-basic benefits.</content></subparagraph> <continuation class="indent0 fontsize10">Except as provided in paragraph (3), the corporation may revise such schedules whenever it determines that revised rates are necessary, but a revised schedule described in subparagraph (A) shall apply only to plan years beginning more than 30 days after the date on which the Congress approves such revised schedule by a concurrent resolution.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <chapeau>Except as provided in paragraph (4), the rate for all plans for benefits guaranteed under section 4022 (other than non-basic benefits) with respect to plan years ending no more than 35 months after the effective date of this title is —</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>in the case of each plan which is not a multiemployer plan, an amount equal to one dollar for each individual who is a participant in such plan at any time during the plan year; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>in the case of a multiemployer plan, an amount equal to fifty cents for each individual who is a participant in such plan at any time during such plan year.</content></subparagraph> <continuation class="indent0 fontsize10">The rate applicable under this paragraph to any plan the plan year of which does not begin on the date of enactment of this Act is a fraction of the rate described in the preceding sentence, the numerator of which is the number of months which end before the date on which the new plan year commences and the denominator of which is 12. The corporation is authorized to prescribe regulations under which the rate described in subparagraph (B) will not apply to the same participant in any multiemployer plan more than once for any plan year.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <chapeau>Upon notification filed with the corporation not less than 60 days after the date on which the corporation publishes the rates applicable under paragraph (5), at the election of a plan the rate applicable to that plan with respect to the second full plan year to which this section applies beginning after the date of enactment of this Act shall be the greater of —</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>an alternative rate determined under paragraph (5), or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>one-half of the rate applicable to the plan under paragraph (3).</content></subparagraph> <continuation class="indent0 fontsize10">In the case of a multiemployer plan, the rate prescribed by this paragraph (at the election of a plan) for the second full plan year is also the applicable rate for plan years succeeding the second full plan year and ending before the full plan year first commencing after December 31, 1977.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <chapeau>In carrying out its authority under paragraph (1) to establish premium rates and bases for basic benefits guaranteed under section 4022 the corporation shall establish such rates and bases in coverage schedules for plan years beginning 24 months or more after the date of enactment of this Act in accordance with the provisions of this paragraph. The corporation shall publish the rate schedules first applicable <sidenote><p class="indent0 firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> under this paragraph in the Federal Register not later than 270 days after the date of enactment of this Act.</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <chapeau>The corporation may establish annual premiums composed of —</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>a rate applicable to the excess, if any, of the present value of the basic benefits of the plan which are guaranteed over the value of the assets of the plan, not in excess of 0.1 percent for plans which are not multiemployer plans and not in excess of 0.025 percent for multiemployer plans, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>an additional charge based on the rate applicable to the present value of the basic benefits of the plan which are guaranteed, determined separately for multiemployer plans and for plans which are not multiemployer plans.</content></clause> <page identifier="/us/stat/88/1012">88 <inline class="smallCaps">Stat.</inline> 1012</page> <continuation class="indent0 fontsize10">The rate for the additional charge referred to in clause (ii) shall be set by the corporation for every year at a level (determined separately for multiemployer plans and for plans which are not multiemployer plans) which the corporation estimates will yield total revenue approximately equal to the total revenue to be derived by the corporation from the premiums referred to in clause (i) of this subparagraph.</continuation></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <chapeau>The corporation may establish annual premiums based on—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the number of participants in a plan, but such premium rates shall not exceed the rates described in paragraph (3),</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>unfunded basic benefits guaranteed under this title, but such premium rates shall not exceed the limitations applicable under subparagraph (A)(i), or</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>total guaranteed basic benefits, but such premium rates may not exceed the rates determined under subparagraph (A)(ii).</content></clause> <continuation class="indent0 fontsize10">If the corporation uses 2 or more of the rate bases described in this subparagraph, the premium rates shall be designed to produce approximately equal amounts of aggregate premium revenue from each of the rate bases used.</continuation></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="6">(6)</num> <content>The corporation shall by regulation define the terms “value <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> of the assets” and “present value of the benefits of the plan which are guaranteed” in a manner consistent with the purposes of this title and the provisions of this section.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">In order to place a revised coverage schedule (other than <sidenote><p class="indent0 firstIndent1 fontsize8">Report to congressional committees.</p></sidenote> a schedule described in subsection (a)(2)(B) or (C) in effect, the corporation shall transmit the proposed schedule, its proposed effective date, and the reasons for its proposal to the Committee on Ways and Means and the Committee on Education and Labor of the House of Representatives, and to the Committee on Finance and the Committee on Labor and Public Welfare of the Senate.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The succeeding paragraphs of this subsection are enacted by Congress as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they shall be deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of resolutions described in paragraph (3). They shall supersede other rules only to the extent that they are inconsistent therewith. They are enacted with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any rule of that House.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>For the purpose of the succeeding paragraphs of this subsection, <sidenote><p class="indent0 firstIndent1 fontsize8">“Resolution.”</p></sidenote> “resolution” means only a concurrent resolution, the matter after the resolving clause of which is as follows: “That the Congress favors the proposed revised coverage schedule transmitted to Congress by the Pension Benefit Guaranty Corporation on ——.”, the blank space therein being filled with the date on which the corporation’s message proposing the rate was delivered.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>A resolution shall be referred to the Committee on Ways and Means and the Committee on Education and Labor of the House of Representatives and to the Committee on Finance and the Committee on Labor and Public Welfare of the Senate.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>If a committee to which has been referred a resolution has not reported it before the expiration of 10 calendar days after its introduction, it shall then (but not before) be in order to move to discharge the committee from further consideration of that resolution, or to discharge the committee from further consideration of any other <page identifier="/us/stat/88/1013">88 <inline class="smallCaps">Stat.</inline> 1013</page> resolution with respect to the proposed adjustment which has been referred to the committee. The motion to discharge may be made only by a person favoring the resolution, shall be highly privileged (except that it may not be made after the committee has reported a resolution with respect to the same proposed rate), and debate thereon shall be limited to not more than 1 hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. If the motion to discharge is agreed to or disagreed to, the motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other resolution with respect to the same proposed rate.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="6">(6)</num> <content>When a committee has reported, or has been discharged from further consideration of a resolution, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. Debate on the resolution shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is not debatable. An amendment to, or motion to recommit, the resolution is not in order, and it is not in order to move to reconsider the vote by which the resolution is agreed to or disagreed to.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="7">(7)</num> <content>Motions to postpone, made with respect to the discharge from committee, or the consideration of, a resolution and motions to proceed to the consideration of other business shall be decided without debate. Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution shall be decided without debate.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">payment of premiums</inline></heading> <num value="4007"><inline class="smallCaps">Sec.</inline> 4007.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The plan administrator of each plan shall pay the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1307">29 USC 1307.</ref></p></sidenote> premiums imposed by the corporation under this title with respect to that plan when they are due. Any employer obtaining contingent liability coverage under section 4023 shall pay the premiums imposed by the corporation under that section when due. Premiums under this title are payable at the time, and on an estimated, advance, or other basis, as determined by the corporation. Premiums imposed by this title on the date of enactment (applicable to that portion of any plan year during which such date occurs) are due within 30 days after such date. Premiums imposed by this title on the first plan year commencing after the date of enactment of this Act are due within 30 days after such plan year commences. Premiums shall continue to accrue until a plan’s assets are distributed pursuant to a termination procedure, or until a trustee is appointed pursuant to section 4042, whichever is earlier.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>If any basic benefit premium is not paid when it is due the corporation is authorized to assess a late payment charge of not more than 100 percent of the premium payment which was not timely paid. The preceding sentence shall not apply to any payment of premium made within 60 days after the date on which payment is due, if before such date, the plan administrator obtains a waiver from the corporation based upon a showing of substantial hardship arising <page identifier="/us/stat/88/1014">88 <inline class="smallCaps">Stat.</inline> 1014</page> from the timely payment of the premium. The corporation is authorized to grant a waiver under this subsection upon application made by the plan administrator, but the corporation may not grant a waiver if it appears that the plan administrator will be unable to pay the premium within 60 days after the date on which it is due. If any premium is not paid by the last date prescribed for a payment, interest on the amount of such premium at the rate imposed under section 6601(a) of the Internal Revenue Code of 1954 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6601">26 USC 6601.</ref></p></sidenote> (relating to interest on underpayment, nonpayment, or extensions of time for payment of tax) shall be paid for the period from such last date to the date paid.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>If any plan administrator fails to pay a premium when due, the corporation is authorized to bring a civil action in any district court of the United States within the jurisdiction of which the plan assets are located, the plan is administered, or in which a defendant resides or is found for the recovery of the amount of the premium penalty, and interest, and process may be served in any other district. The district courts of the United States shall have jurisdiction over actions brought under this subsection by the corporation without regard to the amount in controversy.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>The corporation shall not cease to guarantee basic benefits on account of the failure of a plan administrator to pay any premium when due.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">report by the corporation</inline></heading> <num value="4008"><inline class="smallCaps">Sec.</inline> 4008.</num> <content>As soon as practicable after the close of each fiscal year <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1308">29 USC 1308.</ref></p></sidenote> the corporation shall transmit to the President and the Congress a report relative to the conduct of its business under this title for that fiscal year. The report shall include financial statements setting forth the finances of the corporation at the end of such fiscal year and the result of its operations (including the source and application of its funds) for the fiscal year and shall include an actuarial evaluation of the expected operations and status of the funds established under section 4005 for the next five years (including a detailed statement of the actuarial assumptions and methods used in making such evaluation).</content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">portability assistance</inline></heading> <num value="4009"><inline class="smallCaps">Sec.</inline> 4009.</num> <content>The corporation shall provide advice and assistance to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1309">29 USC 1309.</ref></p></sidenote> individuals with respect to evaluating the economic desirability of establishing individual retirement accounts or other forms of individual retirement savings for which a deduction is allowable under section 219 of the Internal Revenue Code of 1954 and with respect to evaluating <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 958.</p></sidenote> the desirability, in particular cases, of transferring amounts representing an employee’s interest in a qualified plan to such an account upon the employee’s separation from service with an employer.</content></section></subtitle> <subtitle><num value="B">Subtitle B—</num><heading>Coverage</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">plans covered</inline></heading> <num value="4021"><inline class="smallCaps">Sec.</inline> 4021.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Except as provided in subsection (b), this section <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1321">29 USC 1321.</ref></p></sidenote> applies to any plan (including a successor plan) which, for a plan year—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <chapeau>is an employee pension benefit plan (as defined in paragraph (2) of section 3 of this Act) established or <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 833.</p></sidenote> maintained—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>by an employer engaged in commerce or in any industry or activity affecting commerce, or</content></subparagraph> <page identifier="/us/stat/88/1015">88 <inline class="smallCaps">Stat.</inline> 1015</page> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>by any employee organization, or organization representing employees, engaged in commerce or in any industry or activity affecting commerce, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>by both,</content></subparagraph> <continuation class="indent0 fontsize10">which has, in practice, met the requirements of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1954 (as <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote> in effect for the preceding 5 plan years of the plan) applicable to plans described in paragraph (2) for the preceding 5 plan years; or</continuation></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>is, or has been determined by the Secretary of the Treasury to be, a plan described in section 401(a) of the Internal Revenue Code of 1954, or which meets, or has been determined by the Secretary of the Treasury to meet, the requirements of section 404(a)(2) of such Code.</content></paragraph> <continuation class="indent0 fontsize10">For purposes of this title, a successor plan is considered to be a continuation of a predecessor plan. For this purpose, a successor plan is a plan which covers a group of employees which includes substantially the same employees as a previously established plan, and provides substantially the same benefits as that plan provided.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>This section does not apply to any plan—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>which is an individual account plan, as defined in paragraph (34) of section 3 of this Act,<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 833.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>established and maintained for its employees by the Government of the United States, by the government of any State or political subdivision thereof, or by any agency or instrumentality of any of the foregoing, or to which the Railroad Retirement Act of 1935 or 1937 applies and which is financed by contributions <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t45/s215–228/s228a–228s–2">45 USC 215–228 notes, 228a–228s–2.</ref></p></sidenote> required under that Act,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>which is a church plan as defined in section 414(e) of the Internal Revenue Code of 1954, unless that plan has made an <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 925.</p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 898.</p></sidenote> election under section 410(d) of such Code, and has notified the corporation in accordance with procedures prescribed by the corporation, that it wishes to have the provisions of this part apply to it,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">established and maintained by a society, order, or association described in section 501(c) (8) or (9) of the Internal Revenue Code of 1954, if no part of the contributions to or under <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> the plan is made by employers of participants in the plan, or</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>of which a trust described in section 501(c)(18) of such Code is a part;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>which has not at any time after the date of enactment of this Act provided for employer contributions;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>which is unfunded and which is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>which is established and maintained outside of the United States primarily for the benefit of individuals substantially all of whom are nonresident aliens;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <content>which is maintained by an employer solely for the purpose of providing benefits for certain employees in excess of the limitations on contributions and benefits imposed by section 415 of the Internal Revenue Code of 1954 on plans to which that section <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 979.</p></sidenote> applies, without regard to whether the plan is funded, and, to the extent that a separable part of a plan (as determined by the corporation) maintained by an employer is maintained for such purpose, that part shall be treated for purposes of this title, as a separate plan which is an excess benefit plan;</content></paragraph> <page identifier="/us/stat/88/1016">88 <inline class="smallCaps">Stat.</inline> 1016</page> <paragraph class="indentUp1 fontsize10"><num value="9">(9)</num> <content>which is established and maintained exclusively for substantial owners as defined in section 4022(b)(6);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="10">(10)</num> <content>of an international organization which is exempt from taxation under the International Organizations Immunities Act;<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t22/s288">22 USC 288</ref> note.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="11">(11)</num> <content>maintained solely for the purpose of complying with applicable workmen’s compensation laws or unemployment compensation or disability insurance laws;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="12">(12)</num> <content>which is a defined benefit plan, to the extent that it is treated as an individual account plan under paragraph (35)(B) of section 3 of this Act; or<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 833.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="13">(13)</num> <content>established and maintained by a professional service employer which does not at any time after the date of enactment of this Act have more than 25 active participants in the plan.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">For purposes of subsection (b)(1), the term “individual <sidenote><p class="indent0 firstIndent1 fontsize8">“Individual account plan.”</p></sidenote> account plan” does not include a plan under which a fixed benefit is promised if the employer or his representative participated in the determination of that benefit.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>For purposes of this paragraph and for purposes of subsection (b)(13)—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the term “professional service employer” means any proprietorship, <sidenote><p class="indent0 firstIndent1 fontsize8">“Professional service employer.”</p></sidenote> partnership, corporation, or other association or organization (i) owned or controlled by professional individuals or by executors or administrators of professional individuals, (ii) the principal business of which is the performance of professional services, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the term “professional individuals” includes but is not limited <sidenote><p class="indent0 firstIndent1 fontsize8">“Professional individuals.”</p></sidenote> to, physicians, dentists, chiropractors, osteopaths, optometrists, other licensed practitioners of the healing arts, attorneys at law, public accountants, public engineers, architects, draftsmen, actuaries, psychologists, social or physical scientists, and performing artists.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>In the case of a plan established and maintained by more than one professional service employer, the plan shall not be treated as a plan described in subsection (b)(13) if, at any time after the date of enactment of this Act the plan has more than 25 active participants.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">benefits guaranteed</inline></heading> <num value="4022"><inline class="smallCaps">Sec.</inline> 4022.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Subject to the limitations contained in subsection (b), <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1322">29 USC 1322.</ref></p></sidenote> the corporation shall guarantee the payment of all nonforfeitable benefits (other than benefits becoming nonforfeitable solely on account of the termination of a plan) under the terms of a plan which terminates at a time when section 4021 applies to it.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">Except to the extent provided in paragraph (8)—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>no benefits provided by a plan which has been in effect for less than 60 months at the time the plan terminates shall be guaranteed under this section, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>any increase in the amount of benefits under a plan resulting from a plan amendment which was made, or became effective, whichever is later, within 60 months before the date on which the plan terminates shall be disregarded.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>For purposes of this subsection, the time a successor plan (within the meaning of section 4021(a)) has been in effect includes the time a previously established plan (within the meaning of section 4021(a)) was in effect. For purposes of determining what benefits are guaranteed under this section in the case of a plan to which section 4021 does not apply on the day after the date of enactment of this Act, the 60 month period referred to in paragraph (1) shall be computed <page identifier="/us/stat/88/1017">88 <inline class="smallCaps">Stat.</inline> 1017</page> beginning on the first date on which such section does apply to the plan.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <chapeau>The amount of monthly benefits described in subsection (a) provided by a plan, which are guaranteed under this section with respect to a participant, shall not have an actuarial value which exceeds the actuarial value of a monthly benefit in the form of a life annuity commencing at age 65 equal to the lesser of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>his average monthly gross income from his employer during the 5 consecutive calendar year period (or, if less, during the number of calendar years in such period in which he actively participates in the plan) during which his gross income from that employer was greater than during any other such period with that employer determined by dividing 1/12 of the sum of all such gross income by the number of such calendar years in which he had such gross income, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>$750 multiplied by a fraction, the numerator of which is the contribution and benefit base (determined under section 230 of the Social Security Act) in effect at the time the plan terminates <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305.</ref></p></sidenote> and the denominator of which is such contribution and benefit base in effect in calendar year 1974.</content></subparagraph> <continuation class="indent0 fontsize10">The provisions of this paragraph do not apply to non-basic benefits.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">The actuarial value of a benefit, for purposes of this subsection, shall be determined in accordance with regulations prescribed by the corporation.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <chapeau>For purposes of paragraph (3)—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the term “gross income” means “earned income” within the meaning of section 911(b) of the Internal Revenue Code of 1954 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s911">26 USC 911.</ref></p></sidenote> (determined without regard to any community property laws),</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>in the case of a participant in a plan under which contributions are made by more than one employer, amounts received as gross income from any employer under that plan shall be aggregated with amounts received from any other employer under that plan during the same period, and</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>any non-basic benefit shall be disregarded.</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>Notwithstanding paragraph (3), no person shall receive from the corporation for basic benefits with respect to a participant an amount, or amounts, with an actuarial value which exceeds a monthly benefit in the form of a life annuity commencing at age 65 equal to the amount determined under paragraph (3)(B) at the time of the last plan termination.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="6">(6)</num><subparagraph class="inline"><num value="A">(A)</num> <chapeau class="inline">For purposes of this title, the term “substantial owner” <sidenote><p class="indent0 firstIndent1 fontsize8">“Substantial owner.”</p></sidenote> means an individual who—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>owns the entire interest in an unincorporated trade or business,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>in the case of a partnership, is a partner who owns, directly or indirectly, more than 10 percent of either the capital interest or the profits interest in such partnership, or</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>in the case of a corporation, owns, directly or indirectly, more than 10 percent in value of either the voting stock of that corporation or all the stock of that corporation.</content></clause> <continuation class="indent0 fontsize10">For purposes of clause (iii) the constructive ownership rules of section 1563(e) of the Internal Revenue Code of 1954 shall apply (determined <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1563">26 USC 1563.</ref></p></sidenote> without regard to section 1563(e)(3)(C)). For purposes of this title an individual is also treated as a substantial owner with respect to a plan if, at any time within the 60 months preceding the date on which the determination is made, he was a substantial owner under the plan.</continuation></subparagraph> <page identifier="/us/stat/88/1018">88 <inline class="smallCaps">Stat.</inline> 1018</page> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <chapeau>In the case of a participant in a plan under which benefits have not been increased by reason of any plan amendments and who is covered by the plan as a substantial owner, the amount of benefits guaranteed under this section shall not exceed the product of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>a fraction (not to exceed 1) the numerator of which is the number of years the substantial owner was an active participant in the plan, and the denominator of which is 30, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>the amount of the substantial owner’s monthly benefits guaranteed under subsection (a) (as limited under paragraph (3) of this subsection).</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <content>In the case of a participant in a plan, other than a plan described in subparagraph (B), who is covered by the plan as a substantial owner, the amount of the benefit guaranteed under this section shall, under regulations prescribed by the corporation, treat each benefit increase attributable to a plan amendment as if it were provided under a new plan. The benefits guaranteed under this section with respect to all such amendments shall not exceed the amount which would be determined under subparagraph (B) if subparagraph (B) applied.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="7">(7)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">No benefits accrued under a plan after the date on which the Secretary of the Treasury issues notice that he has determined that any trust which is a part of a plan does not meet the requirements of section 401(a) of the Internal Revenue Code of 1954, or that the plan <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s404">26 USC 404.</ref></p></sidenote> does not meet the requirements of section 404(a)(2) of such Code, are guaranteed under this section unless such determination is erroneous. This subparagraph does not apply if the Secretary subsequently issues a notice that such trust meets the requirements of section 401(a) of such Code or that the plan meets the requirements of section 404(a)(2) of such Code and if the Secretary determines that the trust or plan has taken action necessary to meet such requirements during the period between the issuance of the notice referred to in the preceding sentence and the issuance of the notice referred to in this sentence.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>No benefits accrued under a plan after the date on which an amendment of the plan is adopted which causes the Secretary of the Treasury to determine that any trust under the plan has ceased to meet the requirements of section 401(a) of the Internal Revenue Code of 1954 or that the plan has ceased to meet the requirements of section 404(a)(2) of such Code, are guaranteed under this section unless such determination is erroneous. This subparagraph shall not apply if the amendment is revoked as of the date it was first effective or amended to comply with such requirements.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="8">(8)</num> <chapeau>Benefits described in paragraph (1) are guaranteed only to the extent of the greater of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>20 percent of the amount which, but for the fact that the plan or amendment has not been in effect for 60 months or more, would be guaranteed under this section, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>$20 per month,</content></subparagraph> <continuation class="indent0 fontsize10">multiplied by the number of years (but not more than 5) the plan or amendment, as the case may be, has been in effect. In determining how many years a plan or amendment has been in effect for purposes of this paragraph, the first 12 months following the date on which the plan or amendment is made or first becomes effective (whichever is later) constitutes one year, and each consecutive period of 12 months thereafter constitutes an additional year. This paragraph does not apply to benefits payable under a plan unless the corporation finds substantial evidence that the plan was terminated for a reasonable business purpose and not for the purpose of obtaining the payment of benefits by the corporation under this title.</continuation></paragraph></subsection> <page identifier="/us/stat/88/1019">88 <inline class="smallCaps">Stat.</inline> 1019</page> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The corporation is authorized to guarantee the payment of such other classes of benefits and to establish the terms and conditions under which such other classes of benefits are guaranteed as it determines to be appropriate.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">contingent liability coverage</inline></heading> <num value="4023"><inline class="smallCaps">Sec.</inline> 4023.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The corporation shall insure any employer who maintains <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1323">29 USC 1323.</ref></p></sidenote> or contributes to or under a plan to which section 4021 applies against the payment of any liability imposed on him under subtitle D of this title in the event of a termination of that plan. The corporation <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1029.</p></sidenote> may develop arrangements with persons engaged in the business of providing insurance under which the insurance coverage described in the preceding sentence could be provided in whole or in part by such private insurers. In developing such arrangements the corporation shall devise a system under which risks are equitably distributed between the corporation and private insurers with respect to the classes of employers insured by each.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The corporation is authorized to prescribe and collect in such manner as it determines to be appropriate premiums for insurance offered under subsection (a). If the corporation requires all employers to which this title applies to purchase coverage under this section, the provisions of section 4007 (b) and (c) apply to the collection of premiums under this section. The premiums shall be determined by the corporation and revised by it from time to time as may be necessary, and shall be chargeable at a rate sufficient to fund any payment by the corporation becoming necessary under such coverage.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>If the corporation is, in its determination, able to develop a satisfactory arrangement with private insurers, within 36 months after the date of enactment of this Act, to carry out the program of insurance authorized by this section in whole or in part, the corporation is authorized to require employers to elect coverage by such private insurance or by the corporation at such times and in such manner as the corporation determines necessary.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>No payment may be made by the corporation under any insurance provided by it under this section unless the premiums on such insurance have been paid by the employer and the insurance has been in effect (with respect to any benefit) for more than 60 months. The corporation is authorized to prescribe conditions under which no payment will be made by it under any insurance offered under this section without regard to whether premiums for such insurance have been paid.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>Nothing in this section precludes the purchase by the employer of insurance from any other person, or limits the circumstances under which that insurance is payable, or in any way limits the terms and conditions of such insurance, except that the corporation may prescribe as a condition precedent to the purchase of such insurance the payment of a reinsurance premium or other reasonable fee under this section determined by the corporation to be necessary to assure the liquidity and adequacy of any fund or funds established to carry out the provisions of this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>In carrying out its duties under subsection (a) to develop arrangements with private insurers the corporation shall consider as an alternative or as a supplement to private insurance the feasibility of using private industry guarantees, indemnities, or letters of credit.</content></subsection> </section> </subtitle> <page identifier="/us/stat/88/1020">88 <inline class="smallCaps">Stat.</inline> 1020</page> <subtitle> <num value="C">Subtitle C—</num><heading>Terminations</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">termination by plan administrator</inline></heading> <num value="4041"><inline class="smallCaps">Sec.</inline> 4041.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Before the effective date of the termination of a plan, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1341">29 USC 1341.</ref></p></sidenote> the plan administrator shall file a notice with the corporation that the plan is to be terminated on a proposed date (which may not be earlier than 10 days after the filing of the notice), and for a period of 90 days after the proposed termination date the plan administrator shall pay no amount pursuant to the termination procedure of the plan unless, before the expiration of such period, he receives a notice of sufficiency under subsection (b). Upon receiving such a notice, the plan administrator may proceed with the termination of the plan in a manner consistent with this subtitle.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>If the corporation determines that, after application of section 4044, the assets held under the plan are sufficient to discharge when due all obligations of the plan with respect to basic benefits, it shall notify the plan administrator of such determination as soon as practicable.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>If, within such 90-day period, the corporation finds that it is unable to determine that, if the assets of the plan are allocated in accordance with the provisions of section 4044, the assets held under the plan are sufficient to discharge when due all obligations of the plan with respect to basic benefits, it shall notify the plan administrator within such 90-day period of that finding. When the corporation issues a notice under this subsection, it shall commence proceedings in accordance with the provisions of section 4042. Upon receiving a notice under this subsection, the plan administrator shall refrain from taking any action under the proposed termination.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>The corporation and the plan administrator may agree to extend the 90-day period provided by this section by a written agreement signed by the corporation and the plan administrator before the expiration of the 90-day period, or the corporation may apply to an appropriate court (as defined in section 4042(g)) for an order extending the 90-day period provided by this section. The 90-day period shall be extended as provided in the agreement or in any court order obtained by the corporation. The 90-day period may be further extended by subsequent written agreements signed by the corporation and the plan administrator made before the expiration of a previously agreed upon extension of the 90-day period, or by subsequent order of the court. Any extension may be made upon such terms and conditions (including the payment of benefits) as are agreed upon by the corporation and the plan administrator or as specified in the court order.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>If, after the plan administrator has begun to terminate the plan as authorized by this section, the corporation or the plan administrator finds that the plan is unable, or will be unable, to pay basic benefits when due, the plan administrator shall notify the corporation of such finding as soon as practicable thereafter. If the corporation makes such a finding or concurs with the finding of the plan administrator, it shall institute appropriate proceedings under section 4042. The plan administrator terminating a plan shall furnish such reports to the corporation as it may require for purposes of its duties under this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>For purposes of subsection (a), a plan with respect to which basic benefits are guaranteed shall be treated as terminated upon the adoption of an amendment to such plan, if, after giving effect to such amendment, the plan is a plan described in section 4021(b)(1).</content></subsection> <page identifier="/us/stat/88/1021">88 <inline class="smallCaps">Stat.</inline> 1021</page> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>Notwithstanding any other provision of this title, a plan administrator or the corporation may petition the appropriate court for the appointment of a trustee in accordance with the provisions of section 4042 if the interests of the participants and beneficiaries would be better served by the appointment of the trustee.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">termination by corporation</inline></heading> <num value="4042"><inline class="smallCaps">Sec.</inline> 4042.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The corporation may institute proceedings under this <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1342">29 USC 1342.</ref></p></sidenote> section to terminate a plan whenever it determines that—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the plan has not met the minimum funding standard required under section 412 of the Internal Revenue Code of 1954, <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 914.</p></sidenote> or has been notified by the Secretary of the Treasury that a notice of deficiency under section 6212 of such Code has been mailed with respect to the tax imposed under section 4971(a) of such Code,</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6212">26 USC 6212.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 920.</p></sidenote></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the plan is unable to pay benefits when due,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>the reportable event described in section 4043(b)(7) has <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1024.</p></sidenote> occurred, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>the possible long-run loss of the corporation with respect to the plan may reasonably be expected to increase unreasonably if the plan is not terminated.</content></paragraph> <continuation class="indent0 fontsize10">The corporation may prescribe a simplified procedure to follow in terminating small plans as long as that procedure includes substantial safeguards for the rights of the participants and beneficiaries under the plans, and for the employers who maintain such plans (including the requirement for a court decree under subsection (c)). The corporation is authorized to pool the assets of such small plans for purposes of administration and such other purposes, not inconsistent with its duties to the plan participants and the employer maintaining the plan under this title, as it determines to be required for the efficient administration of this title.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Whenever the corporation makes a determination under subsection (a) with respect to a plan it may, upon notice to the plan, apply to the appropriate United States district court for the appointment of a trustee to administer the plan with respect to which the determination is made pending the issuance of a decree under subsection (c) ordering the termination of the plan. If within 3 business days after the filing of an application under this subsection, or such other period as the court may order, the administrator of the plan consents to the appointment of a trustee, or fails to show why a trustee should not be appointed, the court may grant the application and appoint a trustee to administer the plan in accordance with its terms until the corporation determines that the plan should be terminated or that termination is unnecessary. The corporation may request that it be appointed as trustee of a plan in any case.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>If the corporation has issued a notice under this section to a plan administrator and (whether or not a trustee has been appointed under subsection (b)) has determined that the plan should be terminated, it may, upon notice to the plan administrator, apply to the appropriate United States district court for a decree adjudicating that the plan must be terminated in order to protect the interests of the participants and to avoid any further deterioration of the financial condition of the plan or any further increase in the liability of the fund. If the trustee appointed under subsection (b) disagrees with the determination of the corporation under the preceding sentence he may intervene in the proceeding relating to the application for the decree, or make application for such decree himself. Upon granting a decree for which the corporation or trustee has applied under this <page identifier="/us/stat/88/1022">88 <inline class="smallCaps">Stat.</inline> 1022</page> subsection the court shall authorize the trustee appointed under subsection (b) (or appoint a trustee if one has not been appointed under such subsection and authorize him) to terminate the plan in accordance with the provisions of this subtitle. If the corporation and the plan administrator agree that a plan should be terminated and agree to the appointment of a trustee without proceeding in accordance with the requirements of this subsection (other than this sentence) the trustee shall have the power described in subsection (d)(1) and, in addition to any other duties imposed on the trustee under law or by agreement between the corporation and the plan administrator, the trustee is subject to the duties described in subsection (d)(3). Whenever a trustee appointed under this title is operating a plan with discretion as to the date upon which final distribution of the assets is to be commenced, the trustee shall notify the corporation at least 10 days before the date on which he proposes to commence such distribution.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num><paragraph class="inline"><num value="1">(1)</num><subparagraph class="inline"><num value="A">(A)</num> <chapeau class="inline">A trustee appointed under subsection (b) shall have the power—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>to do any act authorized by the plan or this title to be done by the plan administrator or any trustee of the plan;</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>to require the transfer of all (or any part) of the assets and records of the plan to himself as trustee;</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>to invest any assets of the plan which he holds in accordance with the provisions of the plan, regulations of the corporation, and applicable rules of law;</content></clause> <clause class="indentUp1 fontsize10"><num value="iv">(iv)</num> <content>to limit payment of benefits under the plan to basic benefits or to continue payment of some or all of the benefits which were being paid prior to his appointment; and</content></clause> <clause class="indentUp1 fontsize10"><num value="v">(v)</num> <content>to do such other acts as he deems necessary to continue operation of the plan without increasing the potential liability of the corporation, if such acts may be done under the provisions of the plan.</content></clause> <continuation class="indent0 fontsize10">If the court to which application is made under subsection (c) dismisses the application with prejudice, or if the corporation fails to apply for a decree under subsection (c) within 30 days after the date on which the trustee is appointed under subsection (b), the trustee shall transfer all assets and records of the plan held by him to the plan administrator within 3 business days after such dismissal or the expiration of such 30-day period, and shall not be liable to the plan or any other person for his acts as trustee except for willful misconduct, or for conduct in violation of the provisions of part 4 of subtitle B of title I of this Act (except as provided in subsection (d)(1)(A)(v)). <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 874.</p></sidenote> The 30-day period referred to in this subparagraph may be extended as provided by agreement between the plan administrator and the corporation or by court order obtained by the corporation.</continuation></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <chapeau>If the court to which an application is made under subsection (c) issues the decree requested in such application, in addition to the powers described in subparagraph (A), the trustee shall have the power—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>to pay benefits under the plan in accordance with the allocation requirements of section 4044;<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1025.</p></sidenote></content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>to collect for the plan any amounts due the plan;</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>to receive any payment made by the corporation to the plan under this title;</content></clause> <clause class="indentUp1 fontsize10"><num value="iv">(iv)</num> <content>to commence, prosecute, or defend on behalf of the plan any suit or proceeding involving the plan, except to the extent that the corporation is an adverse party in a suit or proceeding;</content></clause> <page identifier="/us/stat/88/1023">88 <inline class="smallCaps">Stat.</inline> 1023</page> <clause class="indentUp1 fontsize10"><num value="v">(v)</num> <content>to issue, publish, or file such notices, statements, and reports as may be required by the corporation or any order of the court;</content></clause> <clause class="indentUp1 fontsize10"><num value="vi">(vi)</num> <content>to liquidate the plan assets;</content></clause> <clause class="indentUp1 fontsize10"><num value="vii">(vii)</num> <content>to recover payments under section 4045(a); and</content></clause> <clause class="indentUp1 fontsize10"><num value="viii">(viii)</num> <content>to do such other acts as may be necessary to comply with this title or any order of the court and to protect the interests of plan participants and beneficiaries.</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>As soon as practicable after his appointment, the trustee shall give notice to interested parties of the institution of proceedings under this title to determine whether the plan should be terminated or to terminate the plan, whichever is applicable. For purposes of this <sidenote><p class="indent0 firstIndent1 fontsize8">“Interested party.”</p></sidenote> paragraph, the term “interested party” means—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the plan administrator,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>each participant in the plan and each beneficiary of a deceased participant, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>each employer who may be subject to liability under section 4062, 4063, or 4064.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Except to the extent inconsistent with the provisions of this Act, or as may be otherwise ordered by the court, a trustee appointed under this section shall be subject to the same duties as a trustee appointed under section 47 of the Bankruptcy Act, and shall be, with <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t11/s75">11 USC 75.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 833.</p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 971.</p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 874.</p></sidenote> respect to the plan, a fiduciary within the meaning of paragraph (21) of section 3 of this Act and under section 4975(e) of the Internal Revenue Code of 1954 (except to the extent that the provisions of this title are inconsistent with the requirements applicable under part 4 of subtitle B of title I of this Act and of such section 4975).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>An application by the corporation under this section may be filed notwithstanding the pendency in the same or any other court of any bankruptcy, mortgage foreclosure, or equity receivership proceeding, or any proceeding to reorganize, conserve, or liquidate such plan or its property, or any proceeding to enforce a lien against property of the plan.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>Upon the filing of an application for the appointment of a trustee or the issuance of a decree under this section, the court to which an application is made shall have exclusive jurisdiction of the plan involved and its property wherever located with the powers, to the extent consistent with the purposes of this section, of a court of bankruptcy and of a court in a proceeding under chapter X of the Bankruptcy Act. Pending an adjudication under subsection (c) such <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t11/s501">11 USC 501.</ref></p></sidenote> court shall stay, and upon appointment by it of a trustee, as provided in this section such court shall continue the stay of, any pending bankruptcy, mortgage foreclosure, equity receivership, or other proceeding to reorganize, conserve, or liquidate the plan or its property and any other suit against any receiver, conservator, or trustee of the plan or its property. Pending such adjudication and upon the appointment by it of such trustee, the court may stay any proceeding to enforce a lien against property of the plan or any other suit against the plan.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>An action under this subsection may be brought in the judicial district where the plan administrator resides or does business or where any asset of the plan is situated. A district court in which such action is brought may issue process with respect to such action in any other judicial district.</content></subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The amount of compensation paid to each trustee appointed <sidenote><p class="indent0 firstIndent1 fontsize8">Compensation, approval.</p></sidenote> under the provisions of this title shall require the prior approval of the corporation, and, in the case of a trustee appointed by a court, the consent of that court.</content></paragraph> <page identifier="/us/stat/88/1024">88 <inline class="smallCaps">Stat.</inline> 1024</page> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Trustees shall appoint, retain, and compensate accountants, actuaries, and other professional service personnel in accordance with regulations prescribed by the corporation.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">reportable events</inline></heading> <num value="4043"><inline class="smallCaps">Sec.</inline> 4043.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Within 30 days after the plan administrator knows <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1343">29 USC 1343.</ref></p></sidenote> or has reason to know that a reportable event described in subsection (b) has occurred, he shall notify the corporation that such event has occurred. The corporation is authorized to waive the requirement of the preceding sentence with respect to any or all reportable events with respect to any plan, and to require the notification to be made by including the event in the annual report made by the plan. Whenever an employer making contributions under a plan to which section 4021 applies knows or has reason to know that a reportable event has occurred he shall notify the plan administrator immediately.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>For purposes of this section a reportable event occurs—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>when the Secretary of the Treasury issues notice that a plan has ceased to be a plan described in section 4021(a)(2), or when the Secretary of Labor determines the plan is not in compliance with title I of this Act;<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 832.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>when an amendment of the plan is adopted if, under the amendment, the benefit payable with respect to any participant may be decreased;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>when the number of active participants is less than 80 percent of the number of such participants at the beginning of the plan year, or is less than 75 percent of the number of such participants at the beginning of the previous plan year;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>when the Secretary of the Treasury determines that there has been a termination or partial termination of the plan within the meaning of section 411(d)(3) of the Internal Revenue Code of 1954, but the occurrence of such a termination or partial termination <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 901.</p></sidenote> does not, by itself, constitute or require a termination of a plan under this title;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>when the plan fails to meet the minimum funding standards under section 412 of such Code (without regard to whether <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 914.</p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 1014.</p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 869.</p></sidenote> the plan is a plan described in section 4021(a)(2) of this Act) or under section 302 of this Act;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>when the plan is unable to pay benefits thereunder when due;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <chapeau>when there is a distribution under the plan to a participant who is a substantial owner as defined in section 4022(b)(6) if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>such distribution has a value of $10,000 or more;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>such distribution is not made by reason of the death of the participant; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>immediately after the distribution, the plan has nonforfeitable benefits which are not funded;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <content>when a plan merges, consolidates, or transfers its assets under section 208 of this Act, or when an alternative method of <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 865.</p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 851.</p></sidenote> compliance is prescribed by the Secretary of Labor under section 110 of this Act; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">(9)</num> <content>when any other event occurs which the corporation determines may be indicative of a need to terminate the plan.</content></paragraph> <continuation class="indent0 fontsize10">For purposes of paragraph (7), all distributions to a participant within any 24-month period are treated as a single distribution.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>The Secretary of the Treasury shall notify the corporation—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>whenever a reportable event described in paragraph (1), (4), or (5) of subsection (b) occurs, or</content></paragraph> <page identifier="/us/stat/88/1025">88 <inline class="smallCaps">Stat.</inline> 1025</page> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>whenever any other event occurs which the Secretary of the Treasury believes indicates that the plan may not be sound.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <chapeau>The Secretary of Labor shall notify the corporation—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>whenever a reportable event described in paragraph (1), (5), or (8) of subsection (b) occurs, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>whenever any other event occurs which the Secretary of Labor believes indicates that the plan may not be sound.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">allocation of assets</inline></heading> <num value="4044"><inline class="smallCaps">Sec.</inline> 4044.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">In the case of the termination of a defined benefit <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1344">29 USC 1344.</ref></p></sidenote> plan, the plan administrator shall allocate the assets of the plan (available to provide benefits) among the participants and beneficiaries of the plan in the following order:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>First, to that portion of each individual’s accrued benefit which is derived from the participant’s contributions to the plan which were not mandatory contributions.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>Second, to that portion of each individual’s accrued benefit which is derived from the participant’s mandatory contributions.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <chapeau>Third, in the case of benefits payable as an annuity—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>in the case of the benefit of a participant or beneficiary which was in pay status as of the beginning of the 3-year period ending on the termination date of the plan, to each such benefit, based on the provisions of the plan (as in effect during the 5-year period ending on such date) under which such benefit would be the least,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>in the case of a participant’s or beneficiary’s benefit (other than a benefit described in subparagraph (A)) which would have been in pay status as of the beginning of such 3-year period if the participant had retired prior to the beginning of the 3-year period and if his benefits had commenced (in the normal form of annuity under the plan) as of the beginning of such period, to each such benefit based on the provisions of the plan (as in effect during the 5-year period ending on such date) under which such benefit would be the least.</content></subparagraph> <continuation class="indent0 fontsize10">For purposes of subparagraph (A), the lowest benefit in pay status during a 3-year period shall be considered the benefit in pay status for such period.</continuation></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <chapeau>Fourth—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>to all other benefits (if any) of individuals under the plan guaranteed under this title (determined without regard to section 4022(b)(5)), and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>to the additional benefits (if any) which would be determined under subparagraph (A) if section 4022(b)(6) did not apply.</content></subparagraph> <continuation class="indent0 fontsize10">For purposes of this paragraph, section 4021 shall be applied without regard to subsection (c) thereof.</continuation></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>Fifth, to all other nonforfeitable benefits under the plan.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>Sixth, to all other benefits under the plan.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>For purposes of subsection (a)—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>The amount allocated under any paragraph of subsection (a) with respect to any benefit shall be properly adjusted for any allocation of assets with respect to that benefit under a prior paragraph of subsection (a).</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>If the assets available for allocation under any paragraph of subsection (a) (other than paragraphs (5) and (6)) are insufficient to satisfy in full the benefits of all individuals which are <page identifier="/us/stat/88/1026">88 <inline class="smallCaps">Stat.</inline> 1026</page> described in that paragraph, the assets shall be allocated pro rata among such individuals on the basis of the present value (as of the termination date) of their respective benefits described in that paragraph.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <chapeau>This paragraph applies if the assets available for allocation under paragraph (5) of subsection (a) are not sufficient to satisfy in full the benefits of individuals described in that paragraph.</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>If this paragraph applies, except as provided in subparagraph (B), the assets shall be allocated to the benefits of individuals described in such paragraph (5) on the basis of the benefits of individuals which would have been described in such paragraph (5) under the plan as in effect at the beginning of the 5-year period ending on the date of plan termination.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>If the assets available for allocation under subparagraph (A) are sufficient to satisfy in full the benefits described in such subparagraph (without regard to this subparagraph), then for purposes of subparagraph (A), benefits of individuals described in such subparagraph shall be determined on the basis of the plan as amended by the most recent plan amendment effective during such 5-year period under which the assets available for allocation are sufficient to satisfy in full the benefits of individuals described in subparagraph (A) and any assets remaining to be allocated under such subparagraph shall be allocated under subparagraph (A) on the basis of the plan as amended by the next succeeding plan amendment effective during such period.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>If the Secretary of the Treasury determines that the allocation made pursuant to this section (without regard to this paragraph) results in discrimination prohibited by section 401(a)(4) of the Internal Revenue Code of 1954 then, if required to prevent <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 938.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s403/s405">26 USC 403, 405.</ref></p></sidenote> the disqualification of the plan (or any trust under the plan) under section 401(a), 403(a), or 405(a) of such Code, the assets allocated under subsections (a)(4)(B), (a)(5), and (a)(6) shall be reallocated to the extent necessary to avoid such discrimination.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>The term “mandatory contributions” means amounts contributed <sidenote><p class="indent0 firstIndent1 fontsize8">“Mandatory contributions.”</p></sidenote> to the plan by a participant which are required as a condition of employment, as a condition of participation in such plan, or as a condition of obtaining benefits under the plan attributable to employer contributions. For this purpose, the total amount of mandatory contributions of a participant is the amount of such contributions reduced (but not below zero) by the sum of the amounts paid or distributed to him under the plan before its termination.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>A plan may establish subclasses and categories within the classes described in paragraphs (1) through (6) of subsection (a) in accordance with regulations prescribed by the corporation.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Any increase or decrease in the value of the assets of a plan occurring during the period beginning on the later of (1) the date a trustee is appointed under section 4042(b) or (2) the date on which <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 1021.</p></sidenote> the plan is terminated is to be allocated between the plan and the corporation in the manner determined by the court (in the case of a court-appointed trustee) or as agreed upon by the corporation and the plan administrator in any other case. Any increase or decrease in the value of the assets of a plan occurring after the date on which the plan is terminated shall be credited to, or suffered by, the corporation.</content></subsection> <page identifier="/us/stat/88/1027">88 <inline class="smallCaps">Stat.</inline> 1027</page> <subsection class="indent0 fontsize10"><num value="d">(d)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">Any residual assets of a plan may be distributed to the employer if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>all liabilities of the plan to participants and their beneficiaries have been satisfied,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the distribution does not contravene any provision of law, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>the plan provides for such a distribution in these circumstances.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Notwithstanding the provisions of paragraph (1), if any assets of the plan attributable to employee contributions, remain after all liabilities of the plan to participants and their beneficiaries have been satisfied, such assets shall be equitably distributed to the employees who made such contributions (or their beneficiaries) in accordance with their rate of contributions.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">recapture of certain payments</inline></heading> <num value="4045"><inline class="smallCaps">Sec.</inline> 4045.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Except as provided in subsection (c), the trustee is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1345">29 USC 1345.</ref></p></sidenote> authorized to recover for the benefit of a plan from a participant the recoverable amount (as defined in subsection (b)) of all payments from the plan to him which commenced within the 3-year period immediately preceding the time the plan is terminated.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>For purposes of subsection (a) the recoverable amount is the excess of the amount determined under paragraph (1) over the amount determined under paragraph (2).</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>The amount determined under this paragraph is the sum of the amount of the actual payments received by the participant within the 3-year period.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <chapeau>The amount determined under this paragraph is the sum of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the sum of the amount such participant would have received during each consecutive 12-month period within the 3 years if the participant received the benefit in the form described in paragraph (3),</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <chapeau>the sum for each of the consecutive 12-month periods of the lesser of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the excess, if any, of $10,000 over the benefit in the form described in paragraph (3), or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>the excess of the actual payment, if any, over the benefit in the form described in paragraph (3), and</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>the present value at the time of termination of the participant’s future benefits guaranteed under this title as if the benefits commenced in the form described in paragraph (3).</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The form of benefit for purposes of this subsection shall be the monthly benefit the participant would have received during the consecutive 12-month period, if he had elected at the time of the first payment made during the 3-year period, to receive his interest in the plan as a monthly benefit in the form of a life annuity commencing at the time of such first payment.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">In the event of a distribution described in section 4043(b)(7) the 3-year period referred to in subsection (b) shall not end sooner than the date on which the corporation is notified of the distribution.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The trustee shall not recover any payment made from a plan after or on account of the death of a participant, or to a participant who is disabled (within the meaning of section 72(m)(7) of the Internal Revenue Code of 1954).<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s72">26 USC 72.</ref></p></sidenote></content></paragraph> <page identifier="/us/stat/88/1028">88 <inline class="smallCaps">Stat.</inline> 1028</page> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The corporation is authorized to waive, in whole or in part, the <sidenote><p class="indent0 firstIndent1 fontsize8">Waiver.</p></sidenote> recovery of any amount which the trustee is authorized to recover for the benefit of a plan under this section in any case in which it determines that substantial economic hardship would result to the participant or his beneficiaries from whom such amount is recoverable.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">reports to trustee</inline></heading> <num value="4046"><inline class="smallCaps">Sec.</inline> 4046.</num> <chapeau class="inline">The corporation and the plan administrator of any plan <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1346">29 USC 1346.</ref></p></sidenote> to be terminated under this subtitle shall furnish to the trustee such information as the corporation or the plan administrator has and, to the extent practicable, can obtain regarding—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the amount of benefits payable with respect to each participant under a plan to be terminated,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the amount of benefits guaranteed under section 4022 which are payable with respect to each participant in the plan,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>the present value, as of the time of termination, of the aggregate amount of benefits payable under section 4022 (determined without regard to section 4022(b)(5)),</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>the fair market value of the assets of the plan at the time of termination,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>the computations under section 4044, and all actuarial assumptions under which the items described in paragraphs (1) through (4) were computed, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>any other information with respect to the plan the trustee may require in order to terminate the plan.</content></paragraph></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">restoration of plans</inline></heading> <num value="4047"><inline class="smallCaps">Sec.</inline> 4047.</num> <content>Whenever the corporation determines that a plan which <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1347">29 USC 1347.</ref></p></sidenote> is to be terminated, or which is in the process of being terminated, under this subtitle should not be terminated as a result of such circumstances as the corporation determines to be relevant, the corporation is authorized to cease any activities undertaken to terminate the plan, and to take whatever action is necessary and within its power to restore the plan to its status prior to the determination that the plan was to be terminated. In the case of a plan which has been terminated under section 4042 the corporation is authorized in any such case in which the corporation determines such action to be appropriate and consistent with its duties under this title, to take such action as may be necessary to restore the plan to its pretermination status, including, but not limited to, the transfer to the employer or a plan administrator of control of part or all of the remaining assets and liabilities of the plan.</content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">date of termination</inline></heading> <num value="4048"><inline class="smallCaps">Sec.</inline> 4048.</num> <chapeau class="inline">For purposes of this title the date of termination is—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1348">29 USC 1348.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>in the case of a plan terminated in accordance with the provisions of section 4041, the date established by the plan administrator and agreed to by the corporation,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>in the case of a plan terminated in accordance with the provisions of section 4042, the date established by the corporation and agreed to by the plan administrator, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>in the case of a plan terminated in accordance with the provisions of either section in any case in which no agreement is reached between the plan administrator and the corporation (or the trustee), the date established by the court.</content></paragraph></section></subtitle> <page identifier="/us/stat/88/1029">88 <inline class="smallCaps">Stat.</inline> 1029</page> <subtitle><num value="D">Subtitle D—</num><heading>Liability</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">amounts payable by the corporation</inline></heading> <num value="4061"><inline class="smallCaps">Sec.</inline> 4061.</num> <content>The corporation shall pay benefits under a plan terminated <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1361">29 USC 1361.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 1014.</p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 1016.</p></sidenote> under this title subject to the limitations and requirements of subtitle B of this title. Amounts guaranteed by the corporation under section 4022 shall be paid by the corporation out of the appropriate fund.</content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">liability of employer</inline></heading> <num value="4062"><inline class="smallCaps">Sec.</inline> 4062.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">This section applies to any employer who maintained <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1362">29 USC 1362.</ref></p></sidenote> a plan (other than a multiemployer plan) at the time it was terminated, but does not apply—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>to an employer who maintained a plan with respect to which he paid the annual premium described in section 4006(a)(2)(B) <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 1010.</p></sidenote> for each of the 5 plan years immediately preceding the plan year during which the plan terminated unless the conditions imposed by the corporation on the payment of coverage under section 4023 do not permit such coverage to apply under the circumstances, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>to the extent of any liability arising out of the insolvency of an insurance company with respect to an insurance contract.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>Any employer to which this section applies shall be liable to the corporation, in an amount equal to the lesser of—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <chapeau>the excess of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the current value of the plan’s benefits guaranteed under this title on the date of termination over</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the current value of the plan’s assets allocable to such benefits on the date of termination, or</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>30 percent of the net worth of the employer determined as of a day, chosen by the corporation but not more than 120 days prior to the date of termination, computed without regard to any liability under this section.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>For purposes of subsection (b)(2) the net worth of an employer is—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>determined on whatever basis best reflects, in the determination of the corporation, the current status of the employer’s operations and prospects at the time chosen for determining the net worth of the employer, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>increased by the amount of any transfers of assets made by the employer determined by the corporation to be improper under the circumstances, including any such transfers which would be inappropriate under the Bankruptcy Act if the employer were the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t11/s1">11 USC 1</ref> note.</p></sidenote> subject of a proceeding under that Act.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <chapeau>For purposes of this section the following rules apply in the case of certain corporate reorganizations:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>If an employer ceases to exist by reason of a reorganization which involves a mere change in identity, form, or place of organization, however effected, a successor corporation resulting from such reorganization shall be treated as the employer to whom this section applies.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>If an employer ceases to exist by reason of a liquidation into a parent corporation, the parent corporation shall be treated as the employer to whom this section applies.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>If an employer ceases to exist by reason of a merger, consolidation, or division, the successor corporation or corporations shall be treated as the employer to whom this section applies.</content></paragraph></subsection> <page identifier="/us/stat/88/1030">88 <inline class="smallCaps">Stat.</inline> 1030</page> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>If an employer ceases operations at a facility in any location and, as a result of such cessation of operations, more than 20 percent of the total number of his employees who are participants under a plan established and maintained by him are separated from employment, the employer shall be treated with respect to that plan as if he were a substantial employer under a plan under which more than one employer makes contributions and the provisions of sections 4063, 4064, and 4065 shall apply.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">liability of substantial employer for withdrawal</inline></heading> <num value="4063"><inline class="smallCaps">Sec.</inline> 4063.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Except as provided in subsection (d), the plan administrator <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1363">29 USC 1363.</ref></p></sidenote> of a plan under which more than one employer makes contributions—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>shall notify the corporation of the withdrawal of a substantial employer from the plan, within 60 days after such withdrawal, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>request that the corporation determine the liability of such employer under this subtitle with respect to such withdrawal.</content></paragraph> <continuation class="indent0 fontsize10">The corporation shall, as soon as practicable thereafter, determine whether such employer is liable for any amount under this subtitle with respect to the withdrawal and notify such employer of such liability.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>Except as provided in subsection (c), an employer who withdraws from a plan to which section 4021 applies, during a plan year <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 1014.</p></sidenote> for which he was a substantial employer, and who is notified by the corporation as provided by subsection (a), shall be liable to the corporation in accordance with the provisions of section 4062 and this section. The amount of such employer’s liability shall be computed on the basis of an amount determined by the corporation to be the amount described in section 4062 for the entire plan, as if the plan had been terminated by the corporation on the date of the employer’s withdrawal, multiplied by a fraction—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the numerator of which is the total amount required to be contributed to the plan by such employer for the last 5 years ending prior to the withdrawal, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the denominator of which is the total amount required to be contributed to the plan by all employers for such last 5 years.</content></paragraph> <continuation class="indent0 fontsize10">In addition to and in lieu of the manner prescribed in the preceding sentence, the corporation may also determine the liability of each such employer on any other equitable basis prescribed by the corporation in regulations. Any amount collected by the corporation under this subsection shall be held in escrow subject to disposition in accordance with the provisions of paragraphs (2) and (3) of subsection (c).</continuation></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">In lieu of payment of his liability under this section the employer may be required to furnish a bond to the corporation in an amount not exceeding 150 percent of his liability to insure payment of his liability under this section. The bond shall have as surety thereon a corporate surety company which is an acceptable surety on Federal bonds under authority granted by the Secretary of the Treasury under sections 6 through 13 of title 6, United States Code. Any such bond shall be in a form or of a type approved by the Secretary including individual bonds or schedule or blanket forms of bonds which cover a group or class.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>If the plan is not terminated within the 5-year period commencing on the day of withdrawal, the liability of such employer is abated and any payment held in escrow shall be refunded without interest to the employer (or his bond cancelled) in accordance with bylaws or rules prescribed by the corporation.</content></paragraph> <page identifier="/us/stat/88/1031">88 <inline class="smallCaps">Stat.</inline> 1031</page> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <chapeau>If the plan terminates within the 5-year period commencing on the day of withdrawal, the corporation shall—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>demand payment or realize on the bond and hold such amount in escrow for the benefit of the plan;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>treat any escrowed payments under this section as if they were plan assets and apply them in a manner consistent with this subtitle; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>refund any amount to the employer which is not required to meet any obligation of the corporation with respect to the plan.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <chapeau>The provisions of this subsection apply in the case of a withdrawal described in subsection (a), and the provisions of subsections (b) and (c) shall not apply, if the corporation determines that the procedure provided for under this subsection is consistent with the purposes of this section and section 4064 and is more appropriate in the particular case. Upon a showing by the plan administrator of a plan that the withdrawal from the plan by any employer or employers has resulted, or will result, in a significant reduction in the amount of aggregate contributions to or under the plan by employers, the corporation may—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>require the plan fund to be equitably allocated between those participants no longer working in covered service under the plan as a result of their employer’s withdrawal, and those participants who remain in covered service under the plan;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>treat that portion of the plan funds allocable under paragraph (1) to participants no longer in covered service as a termination; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>treat that portion of the plan fund allocable to participants remaining in covered service as a separate plan.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>The corporation is authorized to waive the application of the <sidenote><p class="indent0 firstIndent1 fontsize8">Waiver.</p></sidenote> provisions of subsections (b), (c), and (d) of this section to any employer or plan administrator whenever it determines that there is an indemnity agreement in effect among all other employers under the plan which is adequate to satisfy the purposes of this section and of section 4064.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">liability of employers on termination of plan maintained by more than one employer</inline></heading> <num value="4064"><inline class="smallCaps">Sec.</inline> 4064.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">This section applies to all employers who maintain a <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1364">29 USC 1364.</ref></p></sidenote> plan under which more than one employer makes contributions at the time such plan is terminated, or who, at any time within the 5 plan years preceding the date of termination, made contributions under the plan.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>The corporation shall determine the liability of each such employer in a manner consistent with section 4062 except that the amount of the liability determined under section 4062(b)(1) with respect to the entire plan shall be allocated to each employer by multiplying such amounts by a fraction—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the numerator of which is the amount required to be contributed to the plan by each employer for the last 5 plan years ending prior to the termination, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the denominator of which is the total amount required to be contributed to the plan by all such employers for such last 5 years,</content></paragraph> <continuation class="indent0 fontsize10">and the limitation described in section 4062(b)(2) shall be applied separately to each employer. The corporation may also determine the liability of each such employer on any other equitable basis prescribed by the corporation in regulations.</continuation></subsection> </section> <page identifier="/us/stat/88/1032">88 <inline class="smallCaps">Stat.</inline> 1032</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">annual report of plan administrator</inline></heading> <num value="4065"><inline class="smallCaps">Sec.</inline> 4065.</num> <chapeau class="inline">For each plan year for which section 4021 applies to a <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1365">29 USC 1365.</ref></p></sidenote> plan, the plan administrator shall file with the corporation, on a form prescribed by the corporation, an annual report which identifies the plan and plan administrator and which includes—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>a copy of each notification required under section 4063 with respect to such year, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>a statement disclosing whether any reportable event (described in section 4043(b)) occurred during the plan year.</content></paragraph> <continuation class="indent0 fontsize10">The report shall be filed within 6 months after the close of the plan year to which it relates. The corporation shall cooperate with the Secretary of the Treasury and the Secretary of Labor in an endeavor to coordinate the timing and content, and possibly obtain the combination, of reports under this section with reports required to be made by plan administrators to such Secretaries.</continuation></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">annual notification to substantial employers</inline></heading> <num value="4066"><inline class="smallCaps">Sec.</inline> 4066.</num> <content>The plan administrator of each plan under which contributions <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1366">29 USC 1366.</ref></p></sidenote> are made by more than one employer shall notify, within 6 months after the close of each plan year, any employer making contributions under that plan who is described in section 4001(a)(2) that he is a substantial employer for that year.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 1003.</p></sidenote></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">recovery of employer liability for plan termination</inline></heading> <num value="4067"><inline class="smallCaps">Sec.</inline> 4067.</num> <content>The corporation is authorized to make arrangements <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1367">29 USC 1367.</ref></p></sidenote> with employers who are liable under section 4062, 4063, or 4064 for payment of their liability, including arrangements for deferred payment on such terms and for such periods as the corporation deems equitable and appropriate.</content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">lien for liability of employer</inline></heading> <num value="4068"><inline class="smallCaps">Sec.</inline> 4068.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">If any employer or employers liable to the corporation <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1368">29 USC 1368.</ref></p></sidenote> under section 4062, 4063, or 4064 neglect or refuse to pay, after demand, the amount of such liability (including interest), there shall be a lien in favor of the corporation upon all property and rights to property, whether real or personal, belonging to such employer or employers.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The lien imposed by subsection (a) arises on the date of termination of a plan, and continues until the liability imposed under section 4062, 4063, or 4064 is satisfied or becomes unenforceable by reason of lapse of time.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Except as otherwise provided under this section, the priority of the lien imposed under subsection (a) shall be determined in the same manner as under section 6323 of the Internal Revenue Code of 1954. Such section 6323 shall be applied by substituting “lien imposed <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6323">26 USC 6323.</ref></p></sidenote> by section 4068 of the Employee Retirement Income Security Act of 1974” for “lien imposed by section 6321”; “corporation” for “Secretary or his delegate”; “employer liability lien” for “tax lien”; “employer” for “taxpayer”; “lien arising under section 4068(a) of the Employee <page identifier="/us/stat/88/1033">88 <inline class="smallCaps">Stat.</inline> 1033</page> Retirement Income Security Act of 1974” for “assessment of the tax”; and “payment of the loan value is made to the corporation” for “satisfaction of a levy pursuant to section 6332(b)”; each place such terms <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6332">26 USC 6332.</ref></p></sidenote> appear.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>In the case of bankruptcy or insolvency proceedings, the lien imposed under subsection (a) shall be treated in the same manner as a tax due and owing to the United States for purposes of the Bankruptcy Act or section 3466 of the Revised Statutes (31 U.S.C. 191).<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t11/s1">11 USC 1</ref> note.</p></sidenote></content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>For purposes of applying section 6323(a) of the Internal Revenue Code of 1954 to determine the priority between the lien imposed <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6323">26 USC 6323.</ref></p></sidenote> under subsection (a) and a Federal tax lien, each lien shall be treated as a judgment lien arising as of the time notice of such lien is filed.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>For purposes of this subsection, notice of the lien imposed by subsection (a) shall be filed in the same manner as under section 6323 (f) and (g) of the Internal Revenue Code of 1954.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">In any case where there has been a refusal or neglect to pay the liability imposed under section 4062, 4063, or 4064, the corporation <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> pp. 1029–1031.</p></sidenote> may bring civil action in a district court of the United States to enforce the lien of the corporation under this section with respect to such liability or to subject any property, of whatever nature, of the employer, or in which he has any right, title, or interest to the payment of such liability.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The liability imposed by section 4062, 4063, or 4064 may be collected by a proceeding in court if the proceeding is commenced within 6 years after the date upon which the plan was terminated or prior to the expiration of any period for collection agreed upon in writing by the corporation and the employer before the expiration of such 6-year period. The period of limitations provided under this paragraph shall be suspended for the period the assets of the employer are in the control or custody of any court of the United States, or of any State, or of the District of Columbia, and for 6 months thereafter, and for any period during which the employer is outside the United States if such period of absence is for a continuous period of at least 6 months.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>If the corporation determines, with the consent of the board of directors, that release of the lien or subordination of the lien to any other creditor of the employer or employers would not adversely affect the collection of the liability imposed under section 4062, 4063, or 4064, or that the amount realizable by the corporation from the property to which the lien attaches will ultimately be increased by such release or subordination, and that the ultimate collection of the liability will be facilitated by such release or subordination, the corporation may issue a certificate of release or subordination of the lien with respect to such property, or any part thereof.</content></subsection> </section> </subtitle> <subtitle> <num value="E">Subtitle E—</num><heading>Amendments to Internal Revenue Code of 1954; Effective Dates</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">amendments to internal revenue code of 1954</inline></heading> <num value="4081"><inline class="smallCaps">Sec.</inline> 4081.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 404 of the Internal Revenue Code of 1954 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s404">26 USC 404.</ref></p></sidenote> (relating to deduction for contributions of an employer to employees’ trust or annuity plan in compensation under a deferred-payment plan) is amended by adding at the end thereof the following new subsection:<page identifier="/us/stat/88/1034">88 <inline class="smallCaps">Stat.</inline> 1034</page> <quotedContent> <subsection class="indent0 fontsize10"><num value="g">“(g)</num> <heading><inline class="smallCaps">Certain Employer Liability Payments Considered as Contributions.</inline>—</heading><content>For purposes of this section any amount paid by an employer under section 4062, 4063, or 4064 of the Employee Retirement Income Security Act of 1974 shall be treated as a contribution <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> pp. 1029–1031.</p></sidenote> to which this section applies by such employer to or under a stock bonus, pension, profit-sharing, or annuity plan.”.</content></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 6511(d) of the Internal Revenue Code of 1954 (relating <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s6511">26 USC 6511.</ref></p></sidenote> to special rules applicable to income taxes) is amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indentUp1 fontsize10"><num value="8">“(8)</num> <heading><inline class="smallCaps">Special period of limitation with respect to amounts included in income subsequently recaptured under qualified plan termination.</inline>—</heading><content>If the claim for credit or refund relates to an overpayment of tax imposed by subtitle A on account of the recapture, under section 4045 of the Employee Retirement Income Security Act of 1974, of amounts included in income for a prior <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 1027.</p></sidenote> taxable year, the 3-year period of limitation prescribed in subsection (a) shall be extended, for purposes of permitting a credit or refund of the amount of the recapture, until the date which occurs one year after the date on which such recaptured amount is paid by the taxpayer.”.</content></paragraph> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">effective date; special rules</inline></heading> <num value="4082"><inline class="smallCaps">Sec.</inline> 4082.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The provisions of this title take effect on the date of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1381">29 USC 1381.</ref></p></sidenote> enactment of this Act.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>Notwithstanding the provisions of subsection (a), the corporation shall pay benefits guaranteed under this title with respect to any plan—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>which is not a multiemployer plan,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>which terminates after June 30, 1974, and before the date of enactment of this Act,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>to which section 4021 would apply if that section were effective <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 1014.</p></sidenote> beginning on July 1, 1974, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>with respect to which a notice is filed with the Secretary of Labor and received by him not later than 10 days after the date of enactment of this Act, except that, for reasonable cause shown, such notice may be filed with the Secretary of Labor and received by him not later than October 31, 1974, stating that the plan is a plan described in paragraphs (1), (2), and (3).</content></paragraph> <continuation class="indent0 fontsize10">The corporation shall not pay benefits guaranteed under this title with respect to a plan described in the preceding sentence unless the corporation finds substantial evidence that the plan was terminated for a reasonable business purpose and not for the purpose of obtaining the payment of benefits by the corporation under this title or for the purpose of avoiding the liability which might be imposed under subtitle D if the plan terminated on or after the date of enactment of <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 1029.</p></sidenote> this Act. The provisions of subtitle D do not apply in the case of such a plan which terminates before the date of enactment of this Act. For purposes of determining whether a plan is a plan described in paragraph (2), the provisions of section 4048 shall not apply, but the corporation shall make the determination on the basis of the date on which benefits ceased to accrue or on any other reasonable basis consistent with the purposes of this subsection.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Except as provided in paragraphs (2), (3), and (4), the corporation shall not pay benefits guaranteed under this title with respect to a multiemployer plan which terminates before January 1, <page identifier="/us/stat/88/1035">88 <inline class="smallCaps">Stat.</inline> 1035</page> 1978. Whenever the corporation exercises the authority granted under <sidenote><p class="indent0 firstIndent1 fontsize8">Notice to congressional committees.</p></sidenote> paragraph (2) or (3), the corporation shall notify the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives, and the Committee on Labor and Public Welfare and the Committee on Finance of the Senate.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>The corporation may, in its discretion, pay benefits guaranteed under this title with respect to a multiemployer plan which terminates after the date of enactment of this Act and before January 1, 1978, if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the plan was maintained during the 60 months immediately preceding the date on which the plan terminates, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the corporation determines that the payment by the corporation of benefits guaranteed under this title with respect to that plan will not jeopardize the payments the corporation anticipates it may be required to make in connection with benefits guaranteed under this title with respect to multiemployer plans which terminate after December 31, 1977.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <chapeau>Notwithstanding any provision of section 4021 or 4022 which <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> pp. 1014, 1016.</p></sidenote> would prevent such payments, the corporation, in carrying out its authority under paragraph (2), may pay benefits guaranteed under this title with respect to a multiemployer plan described in paragraph (2) in any case in which those benefits would otherwise not be payable if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the plan has been in effect for at least 5 years,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the plan has been in substantial compliance with the funding requirements for a qualified plan with respect to the employees and former employees in those employment units on the basis of which the participating employers have contributed to the plan for the preceding 5 years, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>the participating employers and employee organization or organizations had no reasonable recourse other than termination.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <chapeau>If the corporation determines, under paragraph (2) or (3), that it will pay benefits guaranteed under this title with respect to a multiemployer plan which terminates before January 1, 1978, the corporation—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>may establish requirements for the continuation of payments which commenced before January 2, 1974, with respect to retired participants under the plan,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>may not, notwithstanding any other provision of this title, make payments with respect to any participant under such a plan who, on January 1, 1974, was receiving payment of retirement benefits, in excess of the amounts and rates payable with respect to such participant on that date,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>may not make any payments with respect to benefits guaranteed under this title in connection with such a plan which are derived, directly or indirectly, from amounts borrowed under section 4005(c), and<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 1009.</p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D"><b>(D)</b></num> <content><b>shall review from time to time payments made under the authority granted to it by paragraphs (2) and (3), and reduce or terminate such payments to the extent necessary to avoid jeopardizing the ability of the corporation to make payments of benefits guaranteed under this title in connection with multiemployer plans which terminate after December 31, 1977, without increasing premium rates for such plans.</b></content></subparagraph></paragraph></subsection> </section> </subtitle> Approved September 2, 1974.
Public Law 93–407: To Increase compensation for District of Columbia policemen, firemen, and teachers; to increase annuities payable to retired teachers in the District of Columbia; to establish an equitable tax on real property in the District of Columbia; to provide for additional revenue for the District of Columbia; and for other purposes. Public Law407 Public Law 93–407 [88 Stat. 1036] 1974-09-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 1036 Public Law 93–407
AN ACT To Increase compensation for District of Columbia policemen, firemen, and teachers; to increase annuities payable to retired teachers in the District of Columbia; to establish an equitable tax on real property in the District of Columbia; to provide for additional revenue for the District of Columbia; and for other purposes.

September 3, 1974

[H. R. 15842]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

D.C. Police, firemen and teachers, salary increases; retired teachers, annuity increase; real property taxes.

 <num value="I">TITLE I—</num> <heading class="inline">POLICE AND FIREMEN’S COMPENSATION</heading> <part> <num value="1"><inline class="smallCaps">Part 1</inline>—</num> <heading class="inline"><inline class="smallCaps">Salary Act Amendments</inline></heading> <section> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The District of Columbia Police and Firemen’s Salary Act of 1958 (D.C. Code, secs. 4–823—4–837) is amended as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The salary schedule in section 101(a) of that Act (D.C. Code, sec. 4–823 (a)) is amended to read as follows: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead style="font-size: 8pt"> <tr> <th colspan="10" style="text-align:center; vertical-align:top; padding-bottom: 0.5em; border-bottom: 1px solid;">“SALARY SCHEDULE</th> </tr> <tr> <th colspan="9" style="text-align:center; vertical-align:top; padding-bottom: 0.5em; padding-left: 11em;">Service step—</th> </tr> <tr> <th style="text-align:left; vertical-align:top; padding-left: 1em; padding-bottom: 0.5em; border-bottom: 1px solid;">“Salary class and group</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">1</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">2</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">3</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">4</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">5</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">6</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">7</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">8</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">9</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align: middle; padding-top: 1em;" leaders="yes">Class 1: Fire private, police private</td> <td style="text-align:right; vertical-align: bottom; padding-top: 1em;">$11,600</td> <td style="text-align:right; vertical-align: bottom;">$11,950</td> <td style="text-align:right; vertical-align: bottom;">$12,530</td> <td style="text-align:right; vertical-align: bottom;">$13,110</td> <td style="text-align:right; vertical-align: bottom;">$14,035</td> <td style="text-align:right; vertical-align: bottom;">$14,965</td> <td style="text-align:right; vertical-align: bottom;">$15,545</td> <td style="text-align:right; vertical-align: bottom;">$16,125</td> <td style="text-align:right; vertical-align: bottom;">$16,705</td> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 2: Fire inspector</td> <td style="text-align:right; vertical-align: bottom;">13,255</td> <td style="text-align:right; vertical-align: bottom;">14,035</td> <td style="text-align:right; vertical-align: bottom;">14,850</td> <td style="text-align:right; vertical-align: bottom;">15,660</td> <td style="text-align:right; vertical-align: bottom;">16,470</td> <td style="text-align:right; vertical-align: bottom;">17,285</td> <td style="text-align:right; vertical-align: bottom;">18,095</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 3: Detective, assistant pilot, assistant marine engineer</td> <td style="text-align:right; vertical-align: bottom;">14,500</td> <td style="text-align:right; vertical-align: bottom;">15,525</td> <td style="text-align:right; vertical-align: bottom;">15,950</td> <td style="text-align:right; vertical-align: bottom;">16,675</td> <td style="text-align:right; vertical-align: bottom;">17,400</td> <td style="text-align:right; vertical-align: bottom;">18,125</td> <td style="text-align:right; vertical-align: bottom;">18,850</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 4: Fire sergeant, police sergeant, detective sergeant</td> <td style="text-align:right; vertical-align: bottom;">15,755</td> <td style="text-align:right; vertical-align: bottom;">16,510</td> <td style="text-align:right; vertical-align: bottom;">17,330</td> <td style="text-align:right; vertical-align: bottom;">18,120</td> <td style="text-align:right; vertical-align: bottom;">18,910</td> <td style="text-align:right; vertical-align: bottom;">19,695</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 5: Fire lieutenant, police lieutenant</td> <td style="text-align:right; vertical-align: bottom;">18,210</td> <td style="text-align:right; vertical-align: bottom;">19,125</td> <td style="text-align:right; vertical-align: bottom;">20,035</td> <td style="text-align:right; vertical-align: bottom;">20,945</td> <td style="text-align:right; vertical-align: bottom;">21,855</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle; " leaders="yes">Class 6: Marine engineer, pilot</td> <td style="text-align:right; vertical-align: bottom;">19,895</td> <td style="text-align:right; vertical-align: bottom;">20,885</td> <td style="text-align:right; vertical-align: bottom;">21,880</td> <td style="text-align:right; vertical-align: bottom;">22,870</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 7: Fire captain, police captain</td> <td style="text-align:right; vertical-align: bottom;">21,575</td> <td style="text-align:right; vertical-align: bottom;">22,655</td> <td style="text-align:right; vertical-align: bottom;">23,735</td> <td style="text-align:right; vertical-align: bottom;">24,810</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 8: Battalion fire chief, police inspector</td> <td style="text-align:right; vertical-align: bottom;">25,010</td> <td style="text-align:right; vertical-align: bottom;">26,260</td> <td style="text-align:right; vertical-align: bottom;">27,515</td> <td style="text-align:right; vertical-align: bottom;">28,770</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle; " leaders="yes">Class 9: Deputy fire chief, deputy chief of police</td> <td style="text-align:right; vertical-align: bottom;">29,350</td> <td style="text-align:right; vertical-align: bottom;">31,335</td> <td style="text-align:right; vertical-align: bottom;">33,325</td> <td style="text-align:right; vertical-align: bottom;">35,315</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 10: Assistant chief of police, assistant fire chief, commanding officer of the Executive Protective Service, commanding officer of the U.S. Park Police</td> <td style="text-align:right; vertical-align: bottom;">34,800</td> <td style="text-align:right; vertical-align: bottom;">37,120</td> <td style="text-align:right; vertical-align: bottom;">39,440</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle; padding-bottom: 1em; border-bottom: 1px solid;" leaders="yes">Class 11: Fire chief, chief police</td> <td style="text-align:right; vertical-align: bottom; padding-bottom: 1em; border-bottom: 1px solid;">40,250</td> <td style="text-align:right; vertical-align: bottom; padding-bottom: 1em; border-bottom: 1px solid;">42,620</td> <td style="text-align:right; vertical-align: bottom; padding-bottom: 1em; border-bottom: 1px solid;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom; padding-bottom: 1em; border-bottom: 1px solid;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom; padding-bottom: 1em; border-bottom: 1px solid;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom; padding-bottom: 1em; border-bottom: 1px solid;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom; padding-bottom: 1em; border-bottom: 1px solid;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom; padding-bottom: 1em; border-bottom: 1px solid;" leaders="yes"/> </tr> </tbody> </table> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Helicopter pilots and bomb disposal duty.</p></sidenote>(2) </num> <content class="inline">The second sentence of section 202 of that Act (D.C. Code, sec. 4–825) is amended to read as follows: “<quotedText>The additional compensation authorized by this section shall be paid to an officer or member in the same in manner as he is paid basic compensation to which he is entitled, except that when such an officer or member ceases to be in such an assignment, the loss of such additional compensation shall not constitute an adverse action for the purposes of section 7511 of title 5 of the United States Code.</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Section 202 of that Act (D.C. Code, sec. 4–825) is further amended by striking out “<quotedText>$2100</quotedText>” and inserting in lieu thereof “<quotedText>$2270</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Section 301 of that Act (D.C. Code, sec. 4–827) is amended by (A) striking out “<quotedText>All</quotedText>” and inserting in lieu thereof “<quotedText>(a) Except as provided in subsection (b), all</quotedText>”, and (B) by adding at the end thereof the following: <quotedContent> <page identifier="/us/stat/88/1037">88 <inline class="smallCaps">Stat</inline>. 1037</page> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Any officer or member of the Metropolitan Police force, the Fire Department of the District of Columbia, the Executive Protective Service, or the United States Park Police force who separates from that force, department, or service, and who is subsequently reappointed to such force, department, or service within three years after the date of such separation shall receive any scheduled rate of basic<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1036.</p></sidenote> compensation provided in salary class 1 of the salary schedule in section 101(a) which does not exceed the scheduled rate of basic compensation being paid at the time of such reappointment for the class and service step he had attained at the time of his separation. For purposes of this subsection, no additional compensation authorized by this Act shall be used in determining service step placement.”.</content> </subsection> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">Section 302 of that Act (D.C. Code, sec. 4–828) is amended to<sidenote><p class="firstIndent1 fontsize8">Dog handler.</p></sidenote> read as follows: “<quotedText>An officer or member described in paragraph (1) (B) shall receive, such compensation until the position of dog handler is determined under section (a) not to be included in salary class 4 as a technician’s position or until he no longer performs the duty of dog handler, whichever first occurs.</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">Section 302 of that Act (D.C. Code, sec. 4–828) is further amended by adding at the end thereof the following: <quotedContent> <subsection class="firstIndent1"> <num value="e">“(e) </num> <content class="inline">Whenever any officer or member receiving additional compensation authorized by subsection (b) or (c) is no longer entitled to receive such additional compensation, without a change in salary class, he shall receive, irrespective of any subsequent salary schedule or service step adjustment authorized by this Act, basic compensation equal to the sum of his existing scheduled rate of basic compensation and the amount of such additional compensation until his schedule rate of basic compensation equals or exceeds such sum.</content> </subsection> <subsection class="firstIndent1"> <num value="f">“(f) </num> <content class="inline">The loss of the additional compensation authorized by subsection (b) or (c) shall not constitute an adverse action for the purposes of section 7511 of title 5 of the United States Code.”.</content> </subsection> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">Section 302 of that Act (D.C. Code, sec. 4–828) is further amended (1) by striking out “<quotedText>$680</quotedText>” in subsection (a) thereof and inserting in lieu thereof “<quotedText>$735</quotedText>”; and (2) by striking out “<quotedText>$500</quotedText>” each time it appears in subsection (c) thereof and inserting in lieu thereof “<quotedText>$540</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">(8) </num> <content class="inline">Section 401(a)(2) of that Act (D.C. Code, sec. 4–832(a)(2))<sidenote><p class="firstIndent1 fontsize8">Longevity pay computation.</p></sidenote> is amended to read as follows: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">For purpose of paragraph (1), continuous service as an officer or member includes only those periods of his service determined to have been satisfactory service and any period of his service in the Armed Forces of the United States other than any period of such service (A) determined not to have been satisfactory service, (B) rendered before appointment as an officer or member, or (C) rendered after resignation as an officer or member.”.</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">(9) </num> <content class="inline">The second sentence of section 401(c) of that Act (D.C. Code, sec. 4–832(c)) is amended to read as follows: <quotedContent>“For purposes of this subsection, in computing a deputy chief’s continuous service on the police force or fire department, there shall be included only those periods of his service determined to have been satisfactory service and any period of his service in the Armed Forces of the United States other than any period of such service— <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">determined not to have been satisfactory service,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">rendered before appointment as an officer or member, or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">rendered after resignation as an officer or member.”.</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Each officer or member who immediately prior to the effective<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/4/823">D.C. Code 4–823 note.</ref></p></sidenote> date of the amendment made by paragraph (1) of subsection (a) was assigned to service step 1, service step 2, or service step 3 of salary class <page identifier="/us/stat/88/1038">88 <inline class="smallCaps">Stat</inline>. 1038</page>2 shall be placed in and receive basic compensation in service step 4 of salary class 2.</content> </subsection> </section> <section> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num><sidenote><p class="firstIndent1 fontsize8">Holidays.</p></sidenote> <content class="inline">The second section of the Act approved October 24, 1951 (D.C. Code, sec. 4–808) is amended by striking out “<quotedText>the 22d day of February</quotedText>”, “<quotedText>the 30th day of May</quotedText>”, and “<quotedText>the 11th day of November</quotedText>”, and inserting in lieu thereof “<quotedText>the third Monday in February</quotedText>”, “<quotedText>the last Monday in May</quotedText>”, “<quotedText>the second Monday in October</quotedText>”, and “<quotedText>the fourth Monday in October</quotedText>”.</content> </section> <section> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num><sidenote><p class="firstIndent1 fontsize8">Effective dates.</p><p class="firstIndent1 fontsize8"><ref href="/us/dc/4/823">D.C. Code 4–823 note.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Except as provided in subsections (b) and (c), the amendments made by this title and subsection (b) of the first section shall take effect on and after the first day of the first pay period beginning on or after July 1, 1974.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The amendment made by paragraph (6) of section 101 shall take effect on and after the first day of the first pay period beginning on or after January 1, 1974.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The amendments made by paragraphs (8) and (9) of section 101 shall take effect on and after the first day of the first pay period beginning on or after May 1, 1972.</content> </subsection> </section> <section> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num><sidenote><p class="firstIndent1 fontsize8">Retroactive compensation.</p><p class="firstIndent1 fontsize8"><ref href="/us/dc/4/823">D.C. Code 4–823 note.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Retroactive compensation or salary shall be paid by reason of the amendments made by this title only in the case of an individual in the service of the District of Columbia government or of the United States (including service in the Armed Forces of the United States) on the date of enactment of this Act, except that such retroactive compensation or salary shall be paid (1) to an officer or member of the Metropolitan Police force, the Fire Department of the District of Columbia, the United States Park Police force, or the Executive Protective Service who retired during the period beginning on the first day of the first pay period which begins on or after July 1, 1974, and ending on the date of enactment of this Act for services rendered during such period, and (2) in accordance with the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5581">5 USC 5581.</ref></p></sidenote>provisions of subchapter 8 of chapter 55 of title 5, United States Code (relating to settlement of accounts of deceased employees), for services rendered during the period beginning on the first day of the first pay period which begins on or after July 1, 1974, and ending on the date of enactment of this Act, by an officer or member who dies during such period.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">For the purposes of this section, service in the Armed Forces of the United States, in the case of an individual relieved from training and service in the Armed Forces of the United States or discharged from hospitalization following such training and service, shall include the period provided by law for the mandatory restoration of such individual to a position in or under the Federal Government or the municipal government of the District of Columbia.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">For the purpose of determining the amount of insurance for which an officer or member is eligible under the provisions of chapter <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s8701">5 USC 8701.</ref></p></sidenote>87 of title 5. United States Code (relating to government employees group life, insurance), all changes in rates of compensation or salary which result from the enactment of this title shall be held and considered to be effective as of July 1, 1974.</content> </subsection> </section> </part> <part> <num value="2"><inline class="smallCaps">Part 2—</inline></num> <heading class="inline"><inline class="smallCaps">Study of Police and Firemen’s Salaries and Recommendations</inline></heading> <section> <num value="111"><inline class="smallCaps">Sec</inline>. 111. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/4/838">D.C. Code 4–838.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Commissioner of the District of Columbia, and after January 2, 1975, the Mayor of the District of Columbia, shall annually conduct a thorough study of the compensation being paid officers and members of the police and fire departments of other jurisdictions in the Washington metropolitan area and other cities of comparable size. The annual study may include other conditions of employment of police and firemen, such as hours of work, health <page identifier="/us/stat/88/1039">88 <inline class="smallCaps">Stat</inline>. 1039</page>benefits, retirement benefits, sick pay, and vacation time. The annual study shall also include the current percentage change in the Consumer Price Index for the Washington metropolitan area published by the Bureau of Labor Statistics, Department of Labor, and rates of compensation for Federal and District of Columbia employees having comparable duties and responsibilities.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">In order to conduct the annual study specified in subsection<sidenote><p class="firstIndent1 fontsize8">Study committee, establishment.</p></sidenote> (a), the Commissioner, or the Mayor, as the case may be, shall establish a city personnel salary and benefits study committee whose sole function shall be to conduct such annual study. The size of the committee shall be determined by the Commissioner, or the Mayor, as the case may be, who shall appoint the management members of the committee. Each labor organization or other association or group which has been selected to represent the officers and members of the Metropolitan Police force and the Fire Department of the District of Columbia shall select representatives of their respective labor organizations or other association or group to be members of the labor-management committee.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The number of management members and the number of members representing the labor organizations or other associations or groups on the labor-management committee shall be equal. The chairman<sidenote><p class="firstIndent1 fontsize8">Chairman.</p></sidenote> of the labor management committee shall be chosen by members of the committee, and shall not be an officer or employee of the District of Columbia government or a member or employee of a labor organization or other association or group represented on the committee. If the committee has not chosen a chairman within 10 days after the date of the first meeting of the committee, then the chairman shall be chosen by the Director of the Federal Mediation and Conciliation Service.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">On or before June 30 of each year, the results of the annual study shall be made public and shall Ire available to the parties involved in negotiations between the District of Columbia and representatives of the officers and members of the Metropolitan Police force and the Fire Department of the District of Columbia under the District of Columbia labor relations program. The results of such annual study shall also form the basis for consideration of adjustments in pay levels for officers of the Metropolitan Police force and the Fire Department of the District of Columbia whose compensation is adjusted in a manner which is outside the scope of the negotiations referred to in the first sentence of this subsection.</content> </subsection> </section> <section> <num value="112"><inline class="smallCaps">Sec</inline>. 112. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">If after January 2, 1975, as a result of collective bargaining<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/4/839">D.C. Code 4–839.</ref></p></sidenote> the parties have reached a negotiated solution with respect to changes in compensation for officers and members of the Police and Fire Departments, the Mayor shall recommend to the Council of the District of Columbia that said changes should be authorized and that the, Congress shall be requested to appropriate sufficient funds for that purpose. The first recommendation made by the Mayor under this subsection shall be made by no later than October 1, 1975.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The recommendations submitted by the Mayor under subsection (a) shall be considered a labor-management issue for the purposes of subsection (c).</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">If the parties have reached an impasse in negotiations on or<sidenote><p class="firstIndent1 fontsize8">Labor-management disputes, mediation.</p></sidenote> before the expiration date of their existing collective bargaining agreements, either party shall promptly notify the Director of the Federal Mediation and Conciliation Service in writing. He shall assist in the resolution of that impasse by selecting an impartial person experienced in public sector disputes to serve as a mediator. If mediation does not resolve the impasse within thirty days, or any shorter period designated by the mediator, the Director shall, only upon the <page identifier="/us/stat/88/1040">88 <inline class="smallCaps">Stat</inline>. 1040</page><sidenote><p class="firstIndent1 fontsize8">Board of Arbitration.</p></sidenote>request of either party, then appoint an impartial Board of Arbitration to investigate the labor-management issues involved in the dispute, conduct whatever hearing it deems necessary, and to issue a written award to the parties with the object of achieving a prompt, peaceful, and fair settlement of the dispute. The award shall be issued within twenty days after the Board has been established. The award shall contain findings of fact and a statement of reasons. The award shall be final and binding upon the parties to the dispute.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">If the procedures set forth in subsection (c) are implemented, no change in the status quo in effect prior to contract expiration date in the case of negotiations for a contract renewal, or in effect prior to the time of impasse in the case of an initial bargaining negotiation, shall be made pending the completion of mediation and/or arbitration.</content> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8">Compensation.</p></sidenote>(e) </num> <content class="inline">The factfinder, mediator, and any members of the Board of Arbitration appointed by the Director of the Federal Mediation and Conciliation Service shall be entitled to compensation at the maximum daily rate allowable by law for each day they are actually engaged in performing services under this section.</content> </subsection> </section> </part> <part> <num value="3"><inline class="smallCaps">Part 3</inline>—</num> <heading class="inline"><inline class="smallCaps">Policemen and Firemen’s Retirement and Disability Act</inline></heading> <section> <num value="121"><inline class="smallCaps">Sec</inline>. 121. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Subsection (a) of the Policemen and Firemen’s Retirement and Disability Act (D.C. Code, sec. 4–521) is amended by adding after paragraph (16) the following new paragraph: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="17"><sidenote><p class="firstIndent1 fontsize8">“Average pay.”</p></sidenote>“(17) </num> <content class="inline">The term ‘average pay’ means the highest annual rate resulting from averaging the member’s rates of basic salary in effect over any twelve consecutive months of police or fire service, with each rate weighted by the time it was in effect, except that if the member retires under subsection (g) and if on the date of his retirement under the subsection he has not completed twelve consecutive months of police or fire service, such term means his basic salary at the time of his retirement.”</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Subsections (f), (g), and (h) of that Act (D.C. Code. secs. 4–526—4–528) are each amended by striking out “<quotedText>his basic salary at the time of retirement</quotedText>” each place it occurs and inserting in lieu thereof “<quotedText>his average pay</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Subsection (g)(2) and (h)(1) of that Act are each amended by striking out “<quotedText>his basic salary at the time of his retirement</quotedText>” and inserting in lieu thereof “<quotedText>his average pay</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Subsection (h)(3) of that Act is amended by striking out “<quotedText>the basic salary of such member at the time of retirement</quotedText>” and inserting in lieu thereof “<quotedText>the average pay of such member</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Subsection (k)(2) of that Act (D.C. Code, sec. 4–531) is amended by (1) striking out “<quotedText>basic salary</quotedText>” and inserting in lieu thereof “<quotedText>average pay</quotedText>”, and (2) striking out “<quotedText>subclass (a),</quotedText>” and inserting in lieu thereof “<quotedText>of salary</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">Subsection (k)(3) of that Act (D.C. Code, sec. 4–531) is amended by striking out “<quotedText>basic salary</quotedText>” each place it occurs and inserting in lieu thereof “<quotedText>average pay</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Subsection (g) of that Act (D.C. Code, sec. 4–527) is amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">A member shall be retired under this subsection only upon the recommendation of the Board of Police and Fire Surgeons and the concurrence therein by the Commissioner, except that in any case in which a member seeks his own retirement under this subsection, he shall, in the absence of such recommendation, provide the necessary evidence to form the basis for the approval of such retirement by the Commissioner.”.</content> </paragraph> </quotedContent> </content> </subsection> <page identifier="/us/stat/88/1041">88 <inline class="smallCaps">Stat</inline>. 1041</page> <subsection class="firstIndent1"> <num value="d">(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Subsection (a)(3) of that Act (D.C. Code, sec. 4–521(3)) is amended to read as follows: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">The term ‘widow’ means the surviving wife of a member or<sidenote><p class="firstIndent1 fontsize8">“Widow.”</p></sidenote> former member if—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">she was married to such member or former member (i) while he was a member, or (ii) for at least one year immediately preceding his death, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">she is the mother of issue by such marriage.”</content> </subparagraph> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The amendment made by paragraph (1) shall apply with respect<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/dc/4/521">D.C. Code 4–521 note.</ref></p></sidenote> to any surviving wife of a member (as that term is defined in subsection (a) (1) of the Policemen and Firemen’s Retirement and Disability Act) or former member irrespective of whether such wife became a widow (as that term is defined in such amendment) prior to, on, or after the date of the enactment of this Act, except that no annuity shall be paid by reason of the amendment made by paragraph (1) for any period prior to the first day of the first pay period beginning on or after July 1, 1974.</content> </paragraph> </subsection> </section> <section> <num value="122"><inline class="smallCaps">Sec</inline>. 122. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">In order to carry out his responsibilities under the<sidenote><p class="firstIndent1 fontsize8">Police and Firemen’s Retirement and Relief Board.</p><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/dc/4/533a">D.C. Code 4–533a.</ref></p></sidenote> Policemen and Firemen’s Retirement and Disability Act (D.C. Code, secs. 4–521 et seq.) with respect to retirement and disability determinations, and related functions, the Commissioner of the District of Columbia shall establish a Police and Firemen’s Retirement and Relief Board (hereinafter in this section referred to as the “Board”). The Board shall be composed of—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">members and alternates appointed from among persons who are employees of the District of Columbia, one member and alternate each from the District of Columbia Personnel Office, Corporation Counsel, Department of Human Resources, Metropolitan Police Force, and the Fire Department of the District of Columbia; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">two members, one of whom shall be, a physician, appointed from among persons who are not officers or employees of the District of Columbia.</content> </paragraph> <continuation class="fontsize10">The member, and alternate, appointed to the Board from among employees of the Department of Human Resources shall both be medical officers. All appointments shall be made by the Commissioner.</continuation> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The members appointed under subsection (a)(2) shall be<sidenote><p class="firstIndent1 fontsize8">Term and compensation.</p></sidenote> appointed for two years, and shall be entitled to receive compensation for each day they arc actually engaged in carrying out duties vested in the Board in the same manner as persons employed intermittently under section 3109 of title 5 of the United States Code. Such members shall be appointed within ninety days after the date of enactment of this title.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The Commissioner shall establish rules for the Board to assure<sidenote><p class="firstIndent1 fontsize8">Rules.</p></sidenote> that the Board functions fairly and equitably. The Commissioner shall provide the staff necessary for the Board.</content> </subsection> </section> <section> <num value="123"><inline class="smallCaps">Sec</inline>. 123. </num> <content class="inline">Subsection (m) (2) of the Policemen and Firemen’s Retirement and Disability Act (D.C. Code, sec. 4–533(2)) is amended by inserting at the end thereof “<quotedText>The Commissioner shall not require employment questionnaires or the medical examination of such member after he reaches the age of 50.</quotedText>”.</content> </section> <section> <num value="124"><inline class="smallCaps">Sec</inline>. 124. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The amendments made by subsections (a), (b), and<sidenote><p class="firstIndent1 fontsize8">Effective dates.</p><p class="firstIndent1 fontsize8"><ref href="/us/dc/4/521">D.C. Code 4–521 note.</ref></p></sidenote> (d) of section 121 shall apply with respect to any annuity which begins on or after July 1, 1975.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The amendment made by subsection (c) of section 121 shall take effect on the first day of the first pay period beginning more than thirty days after the date of enactment of this title.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Section 122 shall take effect on the date of enactment of this title.</content> </subsection> </section> </part> 88 Stat. 1042 <num value="II">TITLE II—</num><sidenote><p class="firstIndent1 fontsize8">Teacher’s Salary Act Amendments of 1974.</p><p class="firstIndent1 fontsize8"><ref href="/us/dc/31/1501">D.C. Code 31–1501 note.</ref></p></sidenote> <heading class="inline">TEACHERS’ COMPENSATION</heading> <section> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content class="inline">This title may be cited as the “<shortTitle role="title">Teachers’ Salary Act Amendments of 1974</shortTitle>”.</content> </section> <section> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <chapeau class="inline">The District of Columbia Teachers’ Salary Act of 1955 (D.C. Code, sec. 31–1501 et seq.) is amended as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Effective on the first day of the first pay period beginning on or after September 1, 1974, the salary schedule contained in section 1 of that Act (D.C. Code, sec. 31–1501) is amended to read as follows: <proviso><i>Provided, however</i>, That salary paid to class 1A shall not exceed the amount payable to level III of the Executive Schedule and that the salary paid to any other class shall not exceed the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5314">5 USC 5314.</ref></p></sidenote>amount payable to <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5316">5 USC 5316.</ref></p></sidenote>level V of the Executive Schedule:</proviso> <page identifier="/us/stat/88/1043">88 <inline class="smallCaps">Stat</inline>. 1043</page> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead style="font-size: 8pt"> <tr> <th colspan="15" style="text-align:center; vertical-align:top; padding-bottom: 0.5em; border-bottom: 1px solid;">“TEACHERS AND SCHOOL OFFICERS SALARY SCHEDULE</th> </tr> <tr> <th colspan="14" style="text-align:center; vertical-align:top; padding-bottom: 0.5em; padding-left: 11em;">Service step—</th> </tr> <tr> <th style="text-align:left; vertical-align:top; padding-left: 1em; padding-bottom: 0.5em; border-bottom: 1px solid;">“Salary class and group</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">1</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">2</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">3</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">4</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">5</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">6</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">7</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">8</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">9</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">10</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">11</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">12</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">13</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">Longetivity step Y</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align: middle; padding-top: 1em;" leaders="yes">Class 1A</td> <td style="text-align:right; vertical-align: bottom; padding-top: 1em;">$45,500</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 1B</td> <td style="text-align:right; vertical-align: bottom;">40,000</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 2A</td> <td style="text-align:right; vertical-align: bottom;">38,000</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 2B</td> <td style="text-align:right; vertical-align: bottom;">36,000</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 3</td> <td style="text-align:right; vertical-align: bottom;">27,390</td> <td style="text-align:right; vertical-align: bottom;">$28,040</td> <td style="text-align:right; vertical-align: bottom;">$28,690</td> <td style="text-align:right; vertical-align: bottom;">$29,340</td> <td style="text-align:right; vertical-align: bottom;">$29,900</td> <td style="text-align:right; vertical-align: bottom;">$30,640</td> <td style="text-align:right; vertical-align: bottom;">$31,290</td> <td style="text-align:right; vertical-align: bottom;">$31,940</td> <td style="text-align:right; vertical-align: bottom;">$32,590</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 4</td> <td style="text-align:right; vertical-align: bottom;">24,050</td> <td style="text-align:right; vertical-align: bottom;">24,620</td> <td style="text-align:right; vertical-align: bottom;">25,190</td> <td style="text-align:right; vertical-align: bottom;">25,760</td> <td style="text-align:right; vertical-align: bottom;">26,330</td> <td style="text-align:right; vertical-align: bottom;">26,900</td> <td style="text-align:right; vertical-align: bottom;">27,470</td> <td style="text-align:right; vertical-align: bottom;">28,040</td> <td style="text-align:right; vertical-align: bottom;">28,620</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 5</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group B, master’s degree</td> <td style="text-align:right; vertical-align: bottom;">24,050</td> <td style="text-align:right; vertical-align: bottom;">24,050</td> <td style="text-align:right; vertical-align: bottom;">24,050</td> <td style="text-align:right; vertical-align: bottom;">24,050</td> <td style="text-align:right; vertical-align: bottom;">24,050</td> <td style="text-align:right; vertical-align: bottom;">24,050</td> <td style="text-align:right; vertical-align: bottom;">24,050</td> <td style="text-align:right; vertical-align: bottom;">24,050</td> <td style="text-align:right; vertical-align: bottom;">24,050</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group C, master’s degree +30</td> <td style="text-align:right; vertical-align: bottom;">24,050</td> <td style="text-align:right; vertical-align: bottom;">24,050</td> <td style="text-align:right; vertical-align: bottom;">24,050</td> <td style="text-align:right; vertical-align: bottom;">24,050</td> <td style="text-align:right; vertical-align: bottom;">24,050</td> <td style="text-align:right; vertical-align: bottom;">24,050</td> <td style="text-align:right; vertical-align: bottom;">24,050</td> <td style="text-align:right; vertical-align: bottom;">24,050</td> <td style="text-align:right; vertical-align: bottom;">24,050</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group D, doctor’s</td> <td style="text-align:right; vertical-align: bottom;">23,715</td> <td style="text-align:right; vertical-align: bottom;">24,255</td> <td style="text-align:right; vertical-align: bottom;">24,795</td> <td style="text-align:right; vertical-align: bottom;">25,335</td> <td style="text-align:right; vertical-align: bottom;">25,875</td> <td style="text-align:right; vertical-align: bottom;">26,415</td> <td style="text-align:right; vertical-align: bottom;">26,955</td> <td style="text-align:right; vertical-align: bottom;">27,495</td> <td style="text-align:right; vertical-align: bottom;">28,035</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 6:</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group B, master’s degree</td> <td style="text-align:right; vertical-align: bottom;">21,740</td> <td style="text-align:right; vertical-align: bottom;">22,255</td> <td style="text-align:right; vertical-align: bottom;">22,770</td> <td style="text-align:right; vertical-align: bottom;">23,285</td> <td style="text-align:right; vertical-align: bottom;">23,800</td> <td style="text-align:right; vertical-align: bottom;">24,315</td> <td style="text-align:right; vertical-align: bottom;">24,830</td> <td style="text-align:right; vertical-align: bottom;">25,345</td> <td style="text-align:right; vertical-align: bottom;">25,860</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Level IV principal</td> <td style="text-align:right; vertical-align: bottom;">21,740</td> <td style="text-align:right; vertical-align: bottom;">22,255</td> <td style="text-align:right; vertical-align: bottom;">22,770</td> <td style="text-align:right; vertical-align: bottom;">23,285</td> <td style="text-align:right; vertical-align: bottom;">23,800</td> <td style="text-align:right; vertical-align: bottom;">24,315</td> <td style="text-align:right; vertical-align: bottom;">24,830</td> <td style="text-align:right; vertical-align: bottom;">25,345</td> <td style="text-align:right; vertical-align: bottom;">25,860</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Level III principal</td> <td style="text-align:right; vertical-align: bottom;">21,100</td> <td style="text-align:right; vertical-align: bottom;">21,615</td> <td style="text-align:right; vertical-align: bottom;">22,130</td> <td style="text-align:right; vertical-align: bottom;">22,645</td> <td style="text-align:right; vertical-align: bottom;">23,160</td> <td style="text-align:right; vertical-align: bottom;">23,675</td> <td style="text-align:right; vertical-align: bottom;">24,190</td> <td style="text-align:right; vertical-align: bottom;">24,705</td> <td style="text-align:right; vertical-align: bottom;">25,220</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Level II principal</td> <td style="text-align:right; vertical-align: bottom;">20,465</td> <td style="text-align:right; vertical-align: bottom;">20,980</td> <td style="text-align:right; vertical-align: bottom;">21,495</td> <td style="text-align:right; vertical-align: bottom;">22,010</td> <td style="text-align:right; vertical-align: bottom;">25,525</td> <td style="text-align:right; vertical-align: bottom;">23,040</td> <td style="text-align:right; vertical-align: bottom;">23,555</td> <td style="text-align:right; vertical-align: bottom;">24,070</td> <td style="text-align:right; vertical-align: bottom;">24,585</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Level I principal</td> <td style="text-align:right; vertical-align: bottom;">19,830</td> <td style="text-align:right; vertical-align: bottom;">20,345</td> <td style="text-align:right; vertical-align: bottom;">20,860</td> <td style="text-align:right; vertical-align: bottom;">21,375</td> <td style="text-align:right; vertical-align: bottom;">21,890</td> <td style="text-align:right; vertical-align: bottom;">22,405</td> <td style="text-align:right; vertical-align: bottom;">22,920</td> <td style="text-align:right; vertical-align: bottom;">23,435</td> <td style="text-align:right; vertical-align: bottom;">23,950</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group C, master’s degree +30</td> <td style="text-align:right; vertical-align: bottom;">22,160</td> <td style="text-align:right; vertical-align: bottom;">22,675</td> <td style="text-align:right; vertical-align: bottom;">23,190</td> <td style="text-align:right; vertical-align: bottom;">23,705</td> <td style="text-align:right; vertical-align: bottom;">24,220</td> <td style="text-align:right; vertical-align: bottom;">24,735</td> <td style="text-align:right; vertical-align: bottom;">25,250</td> <td style="text-align:right; vertical-align: bottom;">25,765</td> <td style="text-align:right; vertical-align: bottom;">26,280</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Level IV principal</td> <td style="text-align:right; vertical-align: bottom;">22,160</td> <td style="text-align:right; vertical-align: bottom;">22,675</td> <td style="text-align:right; vertical-align: bottom;">23,190</td> <td style="text-align:right; vertical-align: bottom;">23,705</td> <td style="text-align:right; vertical-align: bottom;">24,220</td> <td style="text-align:right; vertical-align: bottom;">24,735</td> <td style="text-align:right; vertical-align: bottom;">25,250</td> <td style="text-align:right; vertical-align: bottom;">25,765</td> <td style="text-align:right; vertical-align: bottom;">26,280</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Level III principal</td> <td style="text-align:right; vertical-align: bottom;">21,520</td> <td style="text-align:right; vertical-align: bottom;">22,035</td> <td style="text-align:right; vertical-align: bottom;">22,550</td> <td style="text-align:right; vertical-align: bottom;">23,065</td> <td style="text-align:right; vertical-align: bottom;">23,580</td> <td style="text-align:right; vertical-align: bottom;">24,095</td> <td style="text-align:right; vertical-align: bottom;">24,610</td> <td style="text-align:right; vertical-align: bottom;">25,125</td> <td style="text-align:right; vertical-align: bottom;">25,640</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Level II principal</td> <td style="text-align:right; vertical-align: bottom;">20,885</td> <td style="text-align:right; vertical-align: bottom;">21,400</td> <td style="text-align:right; vertical-align: bottom;">21,915</td> <td style="text-align:right; vertical-align: bottom;">22,430</td> <td style="text-align:right; vertical-align: bottom;">22,945</td> <td style="text-align:right; vertical-align: bottom;">23,460</td> <td style="text-align:right; vertical-align: bottom;">23,975</td> <td style="text-align:right; vertical-align: bottom;">24,490</td> <td style="text-align:right; vertical-align: bottom;">25,005</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Level I principal</td> <td style="text-align:right; vertical-align: bottom;">20,250</td> <td style="text-align:right; vertical-align: bottom;">20,765</td> <td style="text-align:right; vertical-align: bottom;">21,280</td> <td style="text-align:right; vertical-align: bottom;">21,795</td> <td style="text-align:right; vertical-align: bottom;">22,310</td> <td style="text-align:right; vertical-align: bottom;">22,825</td> <td style="text-align:right; vertical-align: bottom;">23,340</td> <td style="text-align:right; vertical-align: bottom;">23,855</td> <td style="text-align:right; vertical-align: bottom;">24,370</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group D, doctor’s degree</td> <td style="text-align:right; vertical-align: bottom;">22,575</td> <td style="text-align:right; vertical-align: bottom;">23,090</td> <td style="text-align:right; vertical-align: bottom;">23,605</td> <td style="text-align:right; vertical-align: bottom;">24,120</td> <td style="text-align:right; vertical-align: bottom;">24,635</td> <td style="text-align:right; vertical-align: bottom;">25,150</td> <td style="text-align:right; vertical-align: bottom;">25,665</td> <td style="text-align:right; vertical-align: bottom;">26,180</td> <td style="text-align:right; vertical-align: bottom;">26,695</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Level IV principal</td> <td style="text-align:right; vertical-align: bottom;">22,575</td> <td style="text-align:right; vertical-align: bottom;">23,090</td> <td style="text-align:right; vertical-align: bottom;">23,605</td> <td style="text-align:right; vertical-align: bottom;">24,120</td> <td style="text-align:right; vertical-align: bottom;">24,635</td> <td style="text-align:right; vertical-align: bottom;">25,150</td> <td style="text-align:right; vertical-align: bottom;">25,665</td> <td style="text-align:right; vertical-align: bottom;">26,180</td> <td style="text-align:right; vertical-align: bottom;">26,695</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Level III principal</td> <td style="text-align:right; vertical-align: bottom;">21,935</td> <td style="text-align:right; vertical-align: bottom;">22,450</td> <td style="text-align:right; vertical-align: bottom;">22,965</td> <td style="text-align:right; vertical-align: bottom;">23,480</td> <td style="text-align:right; vertical-align: bottom;">23,995</td> <td style="text-align:right; vertical-align: bottom;">24,510</td> <td style="text-align:right; vertical-align: bottom;">25,025</td> <td style="text-align:right; vertical-align: bottom;">25,540</td> <td style="text-align:right; vertical-align: bottom;">26,055</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Level II principal</td> <td style="text-align:right; vertical-align: bottom;">21,300</td> <td style="text-align:right; vertical-align: bottom;">21,815</td> <td style="text-align:right; vertical-align: bottom;">22,330</td> <td style="text-align:right; vertical-align: bottom;">22,845</td> <td style="text-align:right; vertical-align: bottom;">23,360</td> <td style="text-align:right; vertical-align: bottom;">23,875</td> <td style="text-align:right; vertical-align: bottom;">24,390</td> <td style="text-align:right; vertical-align: bottom;">24,905</td> <td style="text-align:right; vertical-align: bottom;">25,420</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 7:</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group B, master’s degree</td> <td style="text-align:right; vertical-align: bottom;">20,000</td> <td style="text-align:right; vertical-align: bottom;">20,475</td> <td style="text-align:right; vertical-align: bottom;">20,950</td> <td style="text-align:right; vertical-align: bottom;">21,425</td> <td style="text-align:right; vertical-align: bottom;">21,900</td> <td style="text-align:right; vertical-align: bottom;">22,375</td> <td style="text-align:right; vertical-align: bottom;">22,850</td> <td style="text-align:right; vertical-align: bottom;">23,325</td> <td style="text-align:right; vertical-align: bottom;">23,800</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group C, master’s degree +30</td> <td style="text-align:right; vertical-align: bottom;">20,485</td> <td style="text-align:right; vertical-align: bottom;">20,960</td> <td style="text-align:right; vertical-align: bottom;">21,435</td> <td style="text-align:right; vertical-align: bottom;">21,910</td> <td style="text-align:right; vertical-align: bottom;">22,385</td> <td style="text-align:right; vertical-align: bottom;">22,860</td> <td style="text-align:right; vertical-align: bottom;">23,335</td> <td style="text-align:right; vertical-align: bottom;">23,810</td> <td style="text-align:right; vertical-align: bottom;">24,285</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group D, doctor’s</td> <td style="text-align:right; vertical-align: bottom;">20,965</td> <td style="text-align:right; vertical-align: bottom;">21,440</td> <td style="text-align:right; vertical-align: bottom;">21,915</td> <td style="text-align:right; vertical-align: bottom;">22,390</td> <td style="text-align:right; vertical-align: bottom;">22,865</td> <td style="text-align:right; vertical-align: bottom;">23,340</td> <td style="text-align:right; vertical-align: bottom;">23,815</td> <td style="text-align:right; vertical-align: bottom;">24,290</td> <td style="text-align:right; vertical-align: bottom;">24,765</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> </tbody> </table> <page identifier="/us/stat/88/1044">88 <inline class="smallCaps">Stat</inline>. 1044</page> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead style="font-size: 8pt"> <tr> <th colspan="15" style="text-align:center; vertical-align:top; padding-bottom: 0.5em; border-bottom: 1px solid;">“TEACHERS AND SCHOOL OFFICERS SALARY SCHEDULE—Continued</th> </tr> <tr> <th colspan="14" style="text-align:center; vertical-align:top; padding-bottom: 0.5em; padding-left: 11em;">Service step—</th> </tr> <tr> <th style="text-align:left; vertical-align:top; padding-left: 1em; padding-bottom: 0.5em; border-bottom: 1px solid;">“Salary class and group</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">1</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">2</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">3</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">4</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">5</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">6</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">7</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">8</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">9</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">10</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">11</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">12</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">13</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">Longetivity step Y</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align: middle; padding-top: 1em;" leaders="yes">Class 8:</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group B—MA</td> <td style="text-align:right; vertical-align: bottom;">$18,395</td> <td style="text-align:right; vertical-align: bottom;">$18,855</td> <td style="text-align:right; vertical-align: bottom;">$19,315</td> <td style="text-align:right; vertical-align: bottom;">$19,775</td> <td style="text-align:right; vertical-align: bottom;">$20,235</td> <td style="text-align:right; vertical-align: bottom;">$20,695</td> <td style="text-align:right; vertical-align: bottom;">$21,155</td> <td style="text-align:right; vertical-align: bottom;">$21,615</td> <td style="text-align:right; vertical-align: bottom;">$22,075</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group C—MA +30</td> <td style="text-align:right; vertical-align: bottom;">18,880</td> <td style="text-align:right; vertical-align: bottom;">19,340</td> <td style="text-align:right; vertical-align: bottom;">19,800</td> <td style="text-align:right; vertical-align: bottom;">20,260</td> <td style="text-align:right; vertical-align: bottom;">20,720</td> <td style="text-align:right; vertical-align: bottom;">21,180</td> <td style="text-align:right; vertical-align: bottom;">21,640</td> <td style="text-align:right; vertical-align: bottom;">22,100</td> <td style="text-align:right; vertical-align: bottom;">22,560</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group D—Doctor’s</td> <td style="text-align:right; vertical-align: bottom;">19,360</td> <td style="text-align:right; vertical-align: bottom;">19,820</td> <td style="text-align:right; vertical-align: bottom;">20,280</td> <td style="text-align:right; vertical-align: bottom;">20,740</td> <td style="text-align:right; vertical-align: bottom;">21,200</td> <td style="text-align:right; vertical-align: bottom;">21,660</td> <td style="text-align:right; vertical-align: bottom;">22,120</td> <td style="text-align:right; vertical-align: bottom;">22,580</td> <td style="text-align:right; vertical-align: bottom;">23,040</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 9:</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group B, master’s degree</td> <td style="text-align:right; vertical-align: bottom;">17,960</td> <td style="text-align:right; vertical-align: bottom;">18,410</td> <td style="text-align:right; vertical-align: bottom;">18,860</td> <td style="text-align:right; vertical-align: bottom;">19,310</td> <td style="text-align:right; vertical-align: bottom;">19,760</td> <td style="text-align:right; vertical-align: bottom;">20,210</td> <td style="text-align:right; vertical-align: bottom;">20,660</td> <td style="text-align:right; vertical-align: bottom;">21,110</td> <td style="text-align:right; vertical-align: bottom;">21,560</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group C, master’s degree +30</td> <td style="text-align:right; vertical-align: bottom;">18,445</td> <td style="text-align:right; vertical-align: bottom;">18,895</td> <td style="text-align:right; vertical-align: bottom;">19,345</td> <td style="text-align:right; vertical-align: bottom;">19,795</td> <td style="text-align:right; vertical-align: bottom;">20,245</td> <td style="text-align:right; vertical-align: bottom;">20,695</td> <td style="text-align:right; vertical-align: bottom;">21,145</td> <td style="text-align:right; vertical-align: bottom;">21,595</td> <td style="text-align:right; vertical-align: bottom;">22,045</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group D, doctor’s</td> <td style="text-align:right; vertical-align: bottom;">18,925</td> <td style="text-align:right; vertical-align: bottom;">19,375</td> <td style="text-align:right; vertical-align: bottom;">19,825</td> <td style="text-align:right; vertical-align: bottom;">20,725</td> <td style="text-align:right; vertical-align: bottom;">20,725</td> <td style="text-align:right; vertical-align: bottom;">21,175</td> <td style="text-align:right; vertical-align: bottom;">21,625</td> <td style="text-align:right; vertical-align: bottom;">22,075</td> <td style="text-align:right; vertical-align: bottom;">22,525</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 10:</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group B, master’s degree</td> <td style="text-align:right; vertical-align: bottom;">17,385</td> <td style="text-align:right; vertical-align: bottom;">17,820</td> <td style="text-align:right; vertical-align: bottom;">18,255</td> <td style="text-align:right; vertical-align: bottom;">18,690</td> <td style="text-align:right; vertical-align: bottom;">19,125</td> <td style="text-align:right; vertical-align: bottom;">19,560</td> <td style="text-align:right; vertical-align: bottom;">19,995</td> <td style="text-align:right; vertical-align: bottom;">20,430</td> <td style="text-align:right; vertical-align: bottom;">20,865</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group C, master’s degree +30</td> <td style="text-align:right; vertical-align: bottom;">17,870</td> <td style="text-align:right; vertical-align: bottom;">18,305</td> <td style="text-align:right; vertical-align: bottom;">18,740</td> <td style="text-align:right; vertical-align: bottom;">19,175</td> <td style="text-align:right; vertical-align: bottom;">19,610</td> <td style="text-align:right; vertical-align: bottom;">20,045</td> <td style="text-align:right; vertical-align: bottom;">20,480</td> <td style="text-align:right; vertical-align: bottom;">20,915</td> <td style="text-align:right; vertical-align: bottom;">21,350</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group D, doctor’s</td> <td style="text-align:right; vertical-align: bottom;">18,350</td> <td style="text-align:right; vertical-align: bottom;">18,785</td> <td style="text-align:right; vertical-align: bottom;">19,220</td> <td style="text-align:right; vertical-align: bottom;">19,655</td> <td style="text-align:right; vertical-align: bottom;">20,090</td> <td style="text-align:right; vertical-align: bottom;">20,525</td> <td style="text-align:right; vertical-align: bottom;">20,960</td> <td style="text-align:right; vertical-align: bottom;">21,395</td> <td style="text-align:right; vertical-align: bottom;">21,830</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 11:</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group B, master’s degree</td> <td style="text-align:right; vertical-align: bottom;">16,815</td> <td style="text-align:right; vertical-align: bottom;">17,235</td> <td style="text-align:right; vertical-align: bottom;">17,655</td> <td style="text-align:right; vertical-align: bottom;">18,075</td> <td style="text-align:right; vertical-align: bottom;">18,495</td> <td style="text-align:right; vertical-align: bottom;">18,915</td> <td style="text-align:right; vertical-align: bottom;">19,335</td> <td style="text-align:right; vertical-align: bottom;">19,755</td> <td style="text-align:right; vertical-align: bottom;">20,175</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group C, master’s degree +30</td> <td style="text-align:right; vertical-align: bottom;">17,300</td> <td style="text-align:right; vertical-align: bottom;">17,720</td> <td style="text-align:right; vertical-align: bottom;">18,140</td> <td style="text-align:right; vertical-align: bottom;">18,560</td> <td style="text-align:right; vertical-align: bottom;">18,980</td> <td style="text-align:right; vertical-align: bottom;">19,400</td> <td style="text-align:right; vertical-align: bottom;">19,820</td> <td style="text-align:right; vertical-align: bottom;">20,240</td> <td style="text-align:right; vertical-align: bottom;">20,660</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group D, doctor’s</td> <td style="text-align:right; vertical-align: bottom;">17,780</td> <td style="text-align:right; vertical-align: bottom;">18,200</td> <td style="text-align:right; vertical-align: bottom;">18,620</td> <td style="text-align:right; vertical-align: bottom;">19,040</td> <td style="text-align:right; vertical-align: bottom;">19,460</td> <td style="text-align:right; vertical-align: bottom;">19,880</td> <td style="text-align:right; vertical-align: bottom;">20,300</td> <td style="text-align:right; vertical-align: bottom;">20,720</td> <td style="text-align:right; vertical-align: bottom;">21,140</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 12:</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group B, master’s degree</td> <td style="text-align:right; vertical-align: bottom;">16,240</td> <td style="text-align:right; vertical-align: bottom;">16,645</td> <td style="text-align:right; vertical-align: bottom;">17,050</td> <td style="text-align:right; vertical-align: bottom;">17,455</td> <td style="text-align:right; vertical-align: bottom;">17,860</td> <td style="text-align:right; vertical-align: bottom;">18,265</td> <td style="text-align:right; vertical-align: bottom;">18,670</td> <td style="text-align:right; vertical-align: bottom;">19,075</td> <td style="text-align:right; vertical-align: bottom;">19,480</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group C, master’s degree +30</td> <td style="text-align:right; vertical-align: bottom;">16,720</td> <td style="text-align:right; vertical-align: bottom;">17,125</td> <td style="text-align:right; vertical-align: bottom;">17,530</td> <td style="text-align:right; vertical-align: bottom;">17,935</td> <td style="text-align:right; vertical-align: bottom;">18,340</td> <td style="text-align:right; vertical-align: bottom;">18,745</td> <td style="text-align:right; vertical-align: bottom;">19,150</td> <td style="text-align:right; vertical-align: bottom;">19,555</td> <td style="text-align:right; vertical-align: bottom;">19,960</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 13:</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group B, master’s degree</td> <td style="text-align:right; vertical-align: bottom;">14,920</td> <td style="text-align:right; vertical-align: bottom;">15,405</td> <td style="text-align:right; vertical-align: bottom;">15,890</td> <td style="text-align:right; vertical-align: bottom;">16,375</td> <td style="text-align:right; vertical-align: bottom;">16,860</td> <td style="text-align:right; vertical-align: bottom;">17,345</td> <td style="text-align:right; vertical-align: bottom;">17,830</td> <td style="text-align:right; vertical-align: bottom;">18,315</td> <td style="text-align:right; vertical-align: bottom;">18,800</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group C, master’s degree +30</td> <td style="text-align:right; vertical-align: bottom;">15,405</td> <td style="text-align:right; vertical-align: bottom;">15,890</td> <td style="text-align:right; vertical-align: bottom;">16,375</td> <td style="text-align:right; vertical-align: bottom;">16,860</td> <td style="text-align:right; vertical-align: bottom;">17,345</td> <td style="text-align:right; vertical-align: bottom;">17,830</td> <td style="text-align:right; vertical-align: bottom;">18,315</td> <td style="text-align:right; vertical-align: bottom;">18,800</td> <td style="text-align:right; vertical-align: bottom;">19,285</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group D, doctor’s</td> <td style="text-align:right; vertical-align: bottom;">15,885</td> <td style="text-align:right; vertical-align: bottom;">16,370</td> <td style="text-align:right; vertical-align: bottom;">16,855</td> <td style="text-align:right; vertical-align: bottom;">17,340</td> <td style="text-align:right; vertical-align: bottom;">17,825</td> <td style="text-align:right; vertical-align: bottom;">18,310</td> <td style="text-align:right; vertical-align: bottom;">18,795</td> <td style="text-align:right; vertical-align: bottom;">19,280</td> <td style="text-align:right; vertical-align: bottom;">19,765</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 14:</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group A, bachelor’s degree</td> <td style="text-align:right; vertical-align: bottom;">11,415</td> <td style="text-align:right; vertical-align: bottom;">11,920</td> <td style="text-align:right; vertical-align: bottom;">12,425</td> <td style="text-align:right; vertical-align: bottom;">12,930</td> <td style="text-align:right; vertical-align: bottom;">13,435</td> <td style="text-align:right; vertical-align: bottom;">13,940</td> <td style="text-align:right; vertical-align: bottom;">14,445</td> <td style="text-align:right; vertical-align: bottom;">14,950</td> <td style="text-align:right; vertical-align: bottom;">15,455</td> <td style="text-align:right; vertical-align: bottom;">$15,960</td> <td style="text-align:right; vertical-align: bottom;">$16,465</td> <td style="text-align:right; vertical-align: bottom;">$16,970</td> <td style="text-align:right; vertical-align: bottom;">$17,475</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group B, master’s degree</td> <td style="text-align:right; vertical-align: bottom;">12,375</td> <td style="text-align:right; vertical-align: bottom;">12,880</td> <td style="text-align:right; vertical-align: bottom;">13,385</td> <td style="text-align:right; vertical-align: bottom;">13,890</td> <td style="text-align:right; vertical-align: bottom;">14,395</td> <td style="text-align:right; vertical-align: bottom;">14,900</td> <td style="text-align:right; vertical-align: bottom;">15,405</td> <td style="text-align:right; vertical-align: bottom;">15,910</td> <td style="text-align:right; vertical-align: bottom;">16,415</td> <td style="text-align:right; vertical-align: bottom;">16,920</td> <td style="text-align:right; vertical-align: bottom;">17,425</td> <td style="text-align:right; vertical-align: bottom;">17,930</td> <td style="text-align:right; vertical-align: bottom;">18,435</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group C, master’s degree +30</td> <td style="text-align:right; vertical-align: bottom;">12,865</td> <td style="text-align:right; vertical-align: bottom;">13,370</td> <td style="text-align:right; vertical-align: bottom;">13,875</td> <td style="text-align:right; vertical-align: bottom;">14,380</td> <td style="text-align:right; vertical-align: bottom;">14,885</td> <td style="text-align:right; vertical-align: bottom;">15,390</td> <td style="text-align:right; vertical-align: bottom;">15,895</td> <td style="text-align:right; vertical-align: bottom;">16,400</td> <td style="text-align:right; vertical-align: bottom;">16,905</td> <td style="text-align:right; vertical-align: bottom;">17,410</td> <td style="text-align:right; vertical-align: bottom;">17,915</td> <td style="text-align:right; vertical-align: bottom;">18,420</td> <td style="text-align:right; vertical-align: bottom;">18,925</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group D, doctor’s</td> <td style="text-align:right; vertical-align: bottom;">13,345</td> <td style="text-align:right; vertical-align: bottom;">13,850</td> <td style="text-align:right; vertical-align: bottom;">14,355</td> <td style="text-align:right; vertical-align: bottom;">14,860</td> <td style="text-align:right; vertical-align: bottom;">15,365</td> <td style="text-align:right; vertical-align: bottom;">15,870</td> <td style="text-align:right; vertical-align: bottom;">16,375</td> <td style="text-align:right; vertical-align: bottom;">16,880</td> <td style="text-align:right; vertical-align: bottom;">17,385</td> <td style="text-align:right; vertical-align: bottom;">17,890</td> <td style="text-align:right; vertical-align: bottom;">18,395</td> <td style="text-align:right; vertical-align: bottom;">18,900</td> <td style="text-align:right; vertical-align: bottom;">19,405</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 15:</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group A, bachelor’s degree</td> <td style="text-align:right; vertical-align: bottom;">9,650</td> <td style="text-align:right; vertical-align: bottom;">10,035</td> <td style="text-align:right; vertical-align: bottom;">10,420</td> <td style="text-align:right; vertical-align: bottom;">10,810</td> <td style="text-align:right; vertical-align: bottom;">11,195</td> <td style="text-align:right; vertical-align: bottom;">11,580</td> <td style="text-align:right; vertical-align: bottom;">12,065</td> <td style="text-align:right; vertical-align: bottom;">12,550</td> <td style="text-align:right; vertical-align: bottom;">13,035</td> <td style="text-align:right; vertical-align: bottom;">13,520</td> <td style="text-align:right; vertical-align: bottom;">14,005</td> <td style="text-align:right; vertical-align: bottom;">14,490</td> <td style="text-align:right; vertical-align: bottom;">14,975</td> <td style="text-align:right; vertical-align: bottom;">$16,130</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group A—1, bachelor’s degree +15</td> <td style="text-align:right; vertical-align: bottom;">10,130</td> <td style="text-align:right; vertical-align: bottom;">10,515</td> <td style="text-align:right; vertical-align: bottom;">10,900</td> <td style="text-align:right; vertical-align: bottom;">11,290</td> <td style="text-align:right; vertical-align: bottom;">11,675</td> <td style="text-align:right; vertical-align: bottom;">12,060</td> <td style="text-align:right; vertical-align: bottom;">12,550</td> <td style="text-align:right; vertical-align: bottom;">13,035</td> <td style="text-align:right; vertical-align: bottom;">13,620</td> <td style="text-align:right; vertical-align: bottom;">14,005</td> <td style="text-align:right; vertical-align: bottom;">14,490</td> <td style="text-align:right; vertical-align: bottom;">14,975</td> <td style="text-align:right; vertical-align: bottom;">15,460</td> <td style="text-align:right; vertical-align: bottom;">17,095</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group B, master’s degree</td> <td style="text-align:right; vertical-align: bottom;">10,615</td> <td style="text-align:right; vertical-align: bottom;">11,100</td> <td style="text-align:right; vertical-align: bottom;">11,585</td> <td style="text-align:right; vertical-align: bottom;">12,070</td> <td style="text-align:right; vertical-align: bottom;">12,555</td> <td style="text-align:right; vertical-align: bottom;">13,040</td> <td style="text-align:right; vertical-align: bottom;">13,640</td> <td style="text-align:right; vertical-align: bottom;">14,240</td> <td style="text-align:right; vertical-align: bottom;">14,845</td> <td style="text-align:right; vertical-align: bottom;">15,445</td> <td style="text-align:right; vertical-align: bottom;">16,045</td> <td style="text-align:right; vertical-align: bottom;">16,645</td> <td style="text-align:right; vertical-align: bottom;">17,245</td> <td style="text-align:right; vertical-align: bottom;">18,825</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group C, master’s degree +30</td> <td style="text-align:right; vertical-align: bottom;">11,100</td> <td style="text-align:right; vertical-align: bottom;">11,585</td> <td style="text-align:right; vertical-align: bottom;">12,070</td> <td style="text-align:right; vertical-align: bottom;">12,070</td> <td style="text-align:right; vertical-align: bottom;">12,555</td> <td style="text-align:right; vertical-align: bottom;">13,040</td> <td style="text-align:right; vertical-align: bottom;">13,525</td> <td style="text-align:right; vertical-align: bottom;">14,125</td> <td style="text-align:right; vertical-align: bottom;">14,780</td> <td style="text-align:right; vertical-align: bottom;">15,330</td> <td style="text-align:right; vertical-align: bottom;">16,530</td> <td style="text-align:right; vertical-align: bottom;">17,180</td> <td style="text-align:right; vertical-align: bottom;">17,730</td> <td style="text-align:right; vertical-align: bottom;">19,320</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle; border-bottom: 1px solid; padding-bottom: 0.5em;" leaders="yes">Group D, master’s degree +60 or doctor’s</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">11,585</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">12,070</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">12,555</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">13,040</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">13,525</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">14,010</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">14,615</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">15,215</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">15,815</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">16,415</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">17,015</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">17,615</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">18,215</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">19,500</td> </tr> </tbody> </table> </content> </paragraph> <page identifier="/us/stat/88/1045">88 <inline class="smallCaps">Stat</inline>. 1045</page> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Effective on the first day of the first pay period beginning on<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1501">31 USC 1501.</ref></p></sidenote> or after January 1, 1975, that salary schedule is amended to read as follows, except that salary paid to class 1A shall not exceed the amount payable to level III of the Executive Schedule and that the salary<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5314">5 USC 5314.</ref></p></sidenote> paid to any other class shall not exceed the amount payable to level V of the Executive Schedule:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5316">5 USC 5316.</ref></p></sidenote> <page identifier="/us/stat/88/1046">88 <inline class="smallCaps">Stat</inline>. 1046</page> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead style="font-size: 8pt"> <tr> <th colspan="10" style="text-align:center; vertical-align:top; padding-bottom: 0.5em; border-bottom: 1px solid;">TEACHERS AND SCHOOL OFFICERS SALARY SCHEDULE</th> </tr> <tr> <th colspan="9" style="text-align:center; vertical-align:top; padding-bottom: 0.5em; padding-left: 11em;">Service step—</th> </tr> <tr> <th style="text-align:left; vertical-align:top; padding-left: 1em; padding-bottom: 0.5em; border-bottom: 1px solid;">Salary class and group</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">1</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">2</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">3</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">4</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">5</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">6</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">7</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">8</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">9</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align: middle; padding-top: 1em;" leaders="yes">Class 1A</td> <td style="text-align:right; vertical-align: bottom;">$46,865</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 1B</td> <td style="text-align:right; vertical-align: bottom;">41,200</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 2A</td> <td style="text-align:right; vertical-align: bottom;">39,140</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 2B</td> <td style="text-align:right; vertical-align: bottom;">37,080</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 3</td> <td style="text-align:right; vertical-align: bottom;">28,210</td> <td style="text-align:right; vertical-align: bottom;">$28,880</td> <td style="text-align:right; vertical-align: bottom;">$29,550</td> <td style="text-align:right; vertical-align: bottom;">$30,220</td> <td style="text-align:right; vertical-align: bottom;">$30,890</td> <td style="text-align:right; vertical-align: bottom;">$31,560</td> <td style="text-align:right; vertical-align: bottom;">$32,230</td> <td style="text-align:right; vertical-align: bottom;">$32,900</td> <td style="text-align:right; vertical-align: bottom;">$33,570</td> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 4</td> <td style="text-align:right; vertical-align: bottom;">24,770</td> <td style="text-align:right; vertical-align: bottom;">25,355</td> <td style="text-align:right; vertical-align: bottom;">25,940</td> <td style="text-align:right; vertical-align: bottom;">26,525</td> <td style="text-align:right; vertical-align: bottom;">27,110</td> <td style="text-align:right; vertical-align: bottom;">27,695</td> <td style="text-align:right; vertical-align: bottom;">28,280</td> <td style="text-align:right; vertical-align: bottom;">28,865</td> <td style="text-align:right; vertical-align: bottom;">29,450</td> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 5:</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group B—MA</td> <td style="text-align:right; vertical-align: bottom;">23,435</td> <td style="text-align:right; vertical-align: bottom;">23,990</td> <td style="text-align:right; vertical-align: bottom;">24,545</td> <td style="text-align:right; vertical-align: bottom;">25,100</td> <td style="text-align:right; vertical-align: bottom;">25,655</td> <td style="text-align:right; vertical-align: bottom;">26,210</td> <td style="text-align:right; vertical-align: bottom;">26,765</td> <td style="text-align:right; vertical-align: bottom;">27,320</td> <td style="text-align:right; vertical-align: bottom;">27,875</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group C—MA+30</td> <td style="text-align:right; vertical-align: bottom;">23,935</td> <td style="text-align:right; vertical-align: bottom;">24,490</td> <td style="text-align:right; vertical-align: bottom;">25,045</td> <td style="text-align:right; vertical-align: bottom;">25,600</td> <td style="text-align:right; vertical-align: bottom;">26,155</td> <td style="text-align:right; vertical-align: bottom;">26,710</td> <td style="text-align:right; vertical-align: bottom;">27,265</td> <td style="text-align:right; vertical-align: bottom;">27,820</td> <td style="text-align:right; vertical-align: bottom;">28,375</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group D—Doctors</td> <td style="text-align:right; vertical-align: bottom;">24,420</td> <td style="text-align:right; vertical-align: bottom;">24,975</td> <td style="text-align:right; vertical-align: bottom;">25,530</td> <td style="text-align:right; vertical-align: bottom;">26,085</td> <td style="text-align:right; vertical-align: bottom;">26,640</td> <td style="text-align:right; vertical-align: bottom;">27,195</td> <td style="text-align:right; vertical-align: bottom;">27,750</td> <td style="text-align:right; vertical-align: bottom;">28,305</td> <td style="text-align:right; vertical-align: bottom;">28,860</td> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 6:</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group B—MA</td> <td style="text-align:right; vertical-align: bottom;">22,390</td> <td style="text-align:right; vertical-align: bottom;">22,920</td> <td style="text-align:right; vertical-align: bottom;">23,450</td> <td style="text-align:right; vertical-align: bottom;">23,980</td> <td style="text-align:right; vertical-align: bottom;">24,510</td> <td style="text-align:right; vertical-align: bottom;">25,040</td> <td style="text-align:right; vertical-align: bottom;">25,570</td> <td style="text-align:right; vertical-align: bottom;">26,100</td> <td style="text-align:right; vertical-align: bottom;">26,630</td> </tr> <tr> <td style="text-align:left; padding-left: 4em; vertical-align: middle;" leaders="yes">Level IV—Principal</td> <td style="text-align:right; vertical-align: bottom;">22,390</td> <td style="text-align:right; vertical-align: bottom;">22,920</td> <td style="text-align:right; vertical-align: bottom;">23,450</td> <td style="text-align:right; vertical-align: bottom;">23,980</td> <td style="text-align:right; vertical-align: bottom;">24,510</td> <td style="text-align:right; vertical-align: bottom;">25,040</td> <td style="text-align:right; vertical-align: bottom;">25,570</td> <td style="text-align:right; vertical-align: bottom;">26,100</td> <td style="text-align:right; vertical-align: bottom;">26,630</td> </tr> <tr> <td style="text-align:left; padding-left: 4em; vertical-align: middle;" leaders="yes">Level III—Principal</td> <td style="text-align:right; vertical-align: bottom;">21,730</td> <td style="text-align:right; vertical-align: bottom;">22,260</td> <td style="text-align:right; vertical-align: bottom;">22,790</td> <td style="text-align:right; vertical-align: bottom;">23,320</td> <td style="text-align:right; vertical-align: bottom;">23,850</td> <td style="text-align:right; vertical-align: bottom;">24,380</td> <td style="text-align:right; vertical-align: bottom;">24,910</td> <td style="text-align:right; vertical-align: bottom;">25,440</td> <td style="text-align:right; vertical-align: bottom;">25,970</td> </tr> <tr> <td style="text-align:left; padding-left: 4em; vertical-align: middle;" leaders="yes">Level II—Principal</td> <td style="text-align:right; vertical-align: bottom;">21,075</td> <td style="text-align:right; vertical-align: bottom;">21,605</td> <td style="text-align:right; vertical-align: bottom;">22,135</td> <td style="text-align:right; vertical-align: bottom;">22,665</td> <td style="text-align:right; vertical-align: bottom;">23,195</td> <td style="text-align:right; vertical-align: bottom;">23,725</td> <td style="text-align:right; vertical-align: bottom;">24,255</td> <td style="text-align:right; vertical-align: bottom;">24,785</td> <td style="text-align:right; vertical-align: bottom;">25,315</td> </tr> <tr> <td style="text-align:left; padding-left: 4em; vertical-align: middle;" leaders="yes">Level I—Principal</td> <td style="text-align:right; vertical-align: bottom;">20,420</td> <td style="text-align:right; vertical-align: bottom;">20,950</td> <td style="text-align:right; vertical-align: bottom;">21,480</td> <td style="text-align:right; vertical-align: bottom;">22,010</td> <td style="text-align:right; vertical-align: bottom;">22,540</td> <td style="text-align:right; vertical-align: bottom;">23,070</td> <td style="text-align:right; vertical-align: bottom;">23,600</td> <td style="text-align:right; vertical-align: bottom;">24,130</td> <td style="text-align:right; vertical-align: bottom;">24,660</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group C—MA+30</td> <td style="text-align:right; vertical-align: bottom;">22,890</td> <td style="text-align:right; vertical-align: bottom;">23,420</td> <td style="text-align:right; vertical-align: bottom;">23,950</td> <td style="text-align:right; vertical-align: bottom;">24,480</td> <td style="text-align:right; vertical-align: bottom;">25,010</td> <td style="text-align:right; vertical-align: bottom;">25,540</td> <td style="text-align:right; vertical-align: bottom;">26,070</td> <td style="text-align:right; vertical-align: bottom;">26,600</td> <td style="text-align:right; vertical-align: bottom;">27,130</td> </tr> <tr> <td style="text-align:left; padding-left: 4em; vertical-align: middle;" leaders="yes">Level IV—Principal</td> <td style="text-align:right; vertical-align: bottom;">22,890</td> <td style="text-align:right; vertical-align: bottom;">23,420</td> <td style="text-align:right; vertical-align: bottom;">23,950</td> <td style="text-align:right; vertical-align: bottom;">24,480</td> <td style="text-align:right; vertical-align: bottom;">25,010</td> <td style="text-align:right; vertical-align: bottom;">25,540</td> <td style="text-align:right; vertical-align: bottom;">26,070</td> <td style="text-align:right; vertical-align: bottom;">26,600</td> <td style="text-align:right; vertical-align: bottom;">27,130</td> </tr> <tr> <td style="text-align:left; padding-left: 4em; vertical-align: middle;" leaders="yes">Level III—Principal</td> <td style="text-align:right; vertical-align: bottom;">22,230</td> <td style="text-align:right; vertical-align: bottom;">22,760</td> <td style="text-align:right; vertical-align: bottom;">23,290</td> <td style="text-align:right; vertical-align: bottom;">23,820</td> <td style="text-align:right; vertical-align: bottom;">24,350</td> <td style="text-align:right; vertical-align: bottom;">24,880</td> <td style="text-align:right; vertical-align: bottom;">25,410</td> <td style="text-align:right; vertical-align: bottom;">25,940</td> <td style="text-align:right; vertical-align: bottom;">26,470</td> </tr> <tr> <td style="text-align:left; padding-left: 4em; vertical-align: middle;" leaders="yes">Level II—Principal</td> <td style="text-align:right; vertical-align: bottom;">21,575</td> <td style="text-align:right; vertical-align: bottom;">22,105</td> <td style="text-align:right; vertical-align: bottom;">22,635</td> <td style="text-align:right; vertical-align: bottom;">23,165</td> <td style="text-align:right; vertical-align: bottom;">23,695</td> <td style="text-align:right; vertical-align: bottom;">24,225</td> <td style="text-align:right; vertical-align: bottom;">24,755</td> <td style="text-align:right; vertical-align: bottom;">25,285</td> <td style="text-align:right; vertical-align: bottom;">25,815</td> </tr> <tr> <td style="text-align:left; padding-left: 4em; vertical-align: middle;" leaders="yes">Level I—Principal</td> <td style="text-align:right; vertical-align: bottom;">20,720</td> <td style="text-align:right; vertical-align: bottom;">21,250</td> <td style="text-align:right; vertical-align: bottom;">21,780</td> <td style="text-align:right; vertical-align: bottom;">22,310</td> <td style="text-align:right; vertical-align: bottom;">22,840</td> <td style="text-align:right; vertical-align: bottom;">23,370</td> <td style="text-align:right; vertical-align: bottom;">23,900</td> <td style="text-align:right; vertical-align: bottom;">24,430</td> <td style="text-align:right; vertical-align: bottom;">24,960</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group D—Doctors</td> <td style="text-align:right; vertical-align: bottom;">23,375</td> <td style="text-align:right; vertical-align: bottom;">23,905</td> <td style="text-align:right; vertical-align: bottom;">24,435</td> <td style="text-align:right; vertical-align: bottom;">24,965</td> <td style="text-align:right; vertical-align: bottom;">25,495</td> <td style="text-align:right; vertical-align: bottom;">26,025</td> <td style="text-align:right; vertical-align: bottom;">26,555</td> <td style="text-align:right; vertical-align: bottom;">27,085</td> <td style="text-align:right; vertical-align: bottom;">27,615</td> </tr> <tr> <td style="text-align:left; padding-left: 4em; vertical-align: middle;" leaders="yes">Level IV—Principal</td> <td style="text-align:right; vertical-align: bottom;">23,375</td> <td style="text-align:right; vertical-align: bottom;">23,905</td> <td style="text-align:right; vertical-align: bottom;">24,435</td> <td style="text-align:right; vertical-align: bottom;">24,965</td> <td style="text-align:right; vertical-align: bottom;">25,495</td> <td style="text-align:right; vertical-align: bottom;">26,025</td> <td style="text-align:right; vertical-align: bottom;">26,555</td> <td style="text-align:right; vertical-align: bottom;">27,085</td> <td style="text-align:right; vertical-align: bottom;">27,615</td> </tr> <tr> <td style="text-align:left; padding-left: 4em; vertical-align: middle;" leaders="yes">Level III—Principal</td> <td style="text-align:right; vertical-align: bottom;">22,715</td> <td style="text-align:right; vertical-align: bottom;">23,245</td> <td style="text-align:right; vertical-align: bottom;">23,775</td> <td style="text-align:right; vertical-align: bottom;">24,305</td> <td style="text-align:right; vertical-align: bottom;">24,835</td> <td style="text-align:right; vertical-align: bottom;">25,365</td> <td style="text-align:right; vertical-align: bottom;">25,895</td> <td style="text-align:right; vertical-align: bottom;">26,425</td> <td style="text-align:right; vertical-align: bottom;">26,955</td> </tr> <tr> <td style="text-align:left; padding-left: 4em; vertical-align: middle;" leaders="yes">Level II—Principal</td> <td style="text-align:right; vertical-align: bottom;">22,060</td> <td style="text-align:right; vertical-align: bottom;">22,590</td> <td style="text-align:right; vertical-align: bottom;">23,120</td> <td style="text-align:right; vertical-align: bottom;">23,650</td> <td style="text-align:right; vertical-align: bottom;">24,180</td> <td style="text-align:right; vertical-align: bottom;">24,710</td> <td style="text-align:right; vertical-align: bottom;">25,240</td> <td style="text-align:right; vertical-align: bottom;">25,770</td> <td style="text-align:right; vertical-align: bottom;">26,300</td> </tr> <tr> <td style="text-align:left; padding-left: 4em; vertical-align: middle;" leaders="yes">Level I—Principal</td> <td style="text-align:right; vertical-align: bottom;">21,405</td> <td style="text-align:right; vertical-align: bottom;">21,935</td> <td style="text-align:right; vertical-align: bottom;">22,465</td> <td style="text-align:right; vertical-align: bottom;">22,995</td> <td style="text-align:right; vertical-align: bottom;">23,525</td> <td style="text-align:right; vertical-align: bottom;">24,055</td> <td style="text-align:right; vertical-align: bottom;">24,585</td> <td style="text-align:right; vertical-align: bottom;">25,115</td> <td style="text-align:right; vertical-align: bottom;">25,645</td> </tr> </tbody> </table> <page identifier="/us/stat/88/1047">88 <inline class="smallCaps">Stat</inline>. 1047</page> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead style="font-size: 8pt"> <tr> <th colspan="10" style="text-align:center; vertical-align:top; padding-bottom: 0.5em; border-bottom: 1px solid;">TEACHERS AND SCHOOL OFFICERS SALARY SCHEDULE-Continued</th> </tr> <tr> <th colspan="9" style="text-align:center; vertical-align:top; padding-bottom: 0.5em; padding-left: 11em;">Service step—</th> </tr> <tr> <th style="text-align:left; vertical-align:top; padding-left: 1em; padding-bottom: 0.5em; border-bottom: 1px solid;">Salary class and group</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">1</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">2</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">3</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">4</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">5</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">6</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">7</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">8</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">9</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align: middle; padding-top: 1em;" leaders="yes">Class 7:</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group B—MA</td> <td style="text-align:right; vertical-align: bottom;">20,600</td> <td style="text-align:right; vertical-align: bottom;">21,090</td> <td style="text-align:right; vertical-align: bottom;">21,580</td> <td style="text-align:right; vertical-align: bottom;">22,070</td> <td style="text-align:right; vertical-align: bottom;">22,560</td> <td style="text-align:right; vertical-align: bottom;">23,050</td> <td style="text-align:right; vertical-align: bottom;">23,540</td> <td style="text-align:right; vertical-align: bottom;">24,030</td> <td style="text-align:right; vertical-align: bottom;">24,520</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group C—MA+30</td> <td style="text-align:right; vertical-align: bottom;">21,100</td> <td style="text-align:right; vertical-align: bottom;">21,590</td> <td style="text-align:right; vertical-align: bottom;">22,080</td> <td style="text-align:right; vertical-align: bottom;">22,570</td> <td style="text-align:right; vertical-align: bottom;">23,060</td> <td style="text-align:right; vertical-align: bottom;">23,550</td> <td style="text-align:right; vertical-align: bottom;">24,040</td> <td style="text-align:right; vertical-align: bottom;">24,530</td> <td style="text-align:right; vertical-align: bottom;">25,020</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group D—Doctors</td> <td style="text-align:right; vertical-align: bottom;">21,585</td> <td style="text-align:right; vertical-align: bottom;">22,075</td> <td style="text-align:right; vertical-align: bottom;">22,565</td> <td style="text-align:right; vertical-align: bottom;">23,055</td> <td style="text-align:right; vertical-align: bottom;">23,545</td> <td style="text-align:right; vertical-align: bottom;">24,035</td> <td style="text-align:right; vertical-align: bottom;">24,525</td> <td style="text-align:right; vertical-align: bottom;">25,015</td> <td style="text-align:right; vertical-align: bottom;">25,505</td> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 8:</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group B—MA</td> <td style="text-align:right; vertical-align: bottom;">19,130</td> <td style="text-align:right; vertical-align: bottom;">19,605</td> <td style="text-align:right; vertical-align: bottom;">20,080</td> <td style="text-align:right; vertical-align: bottom;">20,555</td> <td style="text-align:right; vertical-align: bottom;">21,030</td> <td style="text-align:right; vertical-align: bottom;">21,505</td> <td style="text-align:right; vertical-align: bottom;">21,980</td> <td style="text-align:right; vertical-align: bottom;">22,455</td> <td style="text-align:right; vertical-align: bottom;">22,930</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group C—MA+30</td> <td style="text-align:right; vertical-align: bottom;">19,630</td> <td style="text-align:right; vertical-align: bottom;">20,105</td> <td style="text-align:right; vertical-align: bottom;">20,580</td> <td style="text-align:right; vertical-align: bottom;">21,055</td> <td style="text-align:right; vertical-align: bottom;">21,530</td> <td style="text-align:right; vertical-align: bottom;">22,005</td> <td style="text-align:right; vertical-align: bottom;">22,480</td> <td style="text-align:right; vertical-align: bottom;">22,955</td> <td style="text-align:right; vertical-align: bottom;">23,430</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group D—Doctors</td> <td style="text-align:right; vertical-align: bottom;">20,115</td> <td style="text-align:right; vertical-align: bottom;">20,590</td> <td style="text-align:right; vertical-align: bottom;">21,065</td> <td style="text-align:right; vertical-align: bottom;">21,540</td> <td style="text-align:right; vertical-align: bottom;">22,015</td> <td style="text-align:right; vertical-align: bottom;">22,490</td> <td style="text-align:right; vertical-align: bottom;">22,965</td> <td style="text-align:right; vertical-align: bottom;">23,440</td> <td style="text-align:right; vertical-align: bottom;">23,915</td> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 9:</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group B—MA</td> <td style="text-align:right; vertical-align: bottom;">18,500</td> <td style="text-align:right; vertical-align: bottom;">18,985</td> <td style="text-align:right; vertical-align: bottom;">19,470</td> <td style="text-align:right; vertical-align: bottom;">19,955</td> <td style="text-align:right; vertical-align: bottom;">20,440</td> <td style="text-align:right; vertical-align: bottom;">20,925</td> <td style="text-align:right; vertical-align: bottom;">21,410</td> <td style="text-align:right; vertical-align: bottom;">21,895</td> <td style="text-align:right; vertical-align: bottom;">22,380</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group C—MA+30</td> <td style="text-align:right; vertical-align: bottom;">19,000</td> <td style="text-align:right; vertical-align: bottom;">19,465</td> <td style="text-align:right; vertical-align: bottom;">19,930</td> <td style="text-align:right; vertical-align: bottom;">20,395</td> <td style="text-align:right; vertical-align: bottom;">20,860</td> <td style="text-align:right; vertical-align: bottom;">21,325</td> <td style="text-align:right; vertical-align: bottom;">21,790</td> <td style="text-align:right; vertical-align: bottom;">22,255</td> <td style="text-align:right; vertical-align: bottom;">22,720</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group D—Doctors</td> <td style="text-align:right; vertical-align: bottom;">19,485</td> <td style="text-align:right; vertical-align: bottom;">19,950</td> <td style="text-align:right; vertical-align: bottom;">20,415</td> <td style="text-align:right; vertical-align: bottom;">20,880</td> <td style="text-align:right; vertical-align: bottom;">21,345</td> <td style="text-align:right; vertical-align: bottom;">21,810</td> <td style="text-align:right; vertical-align: bottom;">22,275</td> <td style="text-align:right; vertical-align: bottom;">22,740</td> <td style="text-align:right; vertical-align: bottom;">23,205</td> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 10:</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group B—MA</td> <td style="text-align:right; vertical-align: bottom;">17,905</td> <td style="text-align:right; vertical-align: bottom;">18,355</td> <td style="text-align:right; vertical-align: bottom;">18,805</td> <td style="text-align:right; vertical-align: bottom;">19,255</td> <td style="text-align:right; vertical-align: bottom;">19,705</td> <td style="text-align:right; vertical-align: bottom;">20,155</td> <td style="text-align:right; vertical-align: bottom;">20,605</td> <td style="text-align:right; vertical-align: bottom;">21,055</td> <td style="text-align:right; vertical-align: bottom;">21,505</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group C—MA+30</td> <td style="text-align:right; vertical-align: bottom;">18,405</td> <td style="text-align:right; vertical-align: bottom;">18,855</td> <td style="text-align:right; vertical-align: bottom;">19,305</td> <td style="text-align:right; vertical-align: bottom;">19,755</td> <td style="text-align:right; vertical-align: bottom;">20,205</td> <td style="text-align:right; vertical-align: bottom;">20,655</td> <td style="text-align:right; vertical-align: bottom;">21,105</td> <td style="text-align:right; vertical-align: bottom;">21,555</td> <td style="text-align:right; vertical-align: bottom;">22,005</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group D—Doctors</td> <td style="text-align:right; vertical-align: bottom;">18,890</td> <td style="text-align:right; vertical-align: bottom;">19,340</td> <td style="text-align:right; vertical-align: bottom;">19,790</td> <td style="text-align:right; vertical-align: bottom;">20,240</td> <td style="text-align:right; vertical-align: bottom;">20,690</td> <td style="text-align:right; vertical-align: bottom;">21,140</td> <td style="text-align:right; vertical-align: bottom;">21,590</td> <td style="text-align:right; vertical-align: bottom;">22,040</td> <td style="text-align:right; vertical-align: bottom;">22,490</td> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 11:</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group B—MA</td> <td style="text-align:right; vertical-align: bottom;">17,320</td> <td style="text-align:right; vertical-align: bottom;">17,755</td> <td style="text-align:right; vertical-align: bottom;">18,190</td> <td style="text-align:right; vertical-align: bottom;">18,625</td> <td style="text-align:right; vertical-align: bottom;">19,060</td> <td style="text-align:right; vertical-align: bottom;">19,495</td> <td style="text-align:right; vertical-align: bottom;">19,930</td> <td style="text-align:right; vertical-align: bottom;">20,365</td> <td style="text-align:right; vertical-align: bottom;">20,800</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group C—MA+30</td> <td style="text-align:right; vertical-align: bottom;">17,820</td> <td style="text-align:right; vertical-align: bottom;">18,255</td> <td style="text-align:right; vertical-align: bottom;">18,690</td> <td style="text-align:right; vertical-align: bottom;">19,125</td> <td style="text-align:right; vertical-align: bottom;">19,560</td> <td style="text-align:right; vertical-align: bottom;">19,995</td> <td style="text-align:right; vertical-align: bottom;">20,430</td> <td style="text-align:right; vertical-align: bottom;">20,865</td> <td style="text-align:right; vertical-align: bottom;">21,300</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group D—Doctors</td> <td style="text-align:right; vertical-align: bottom;">18,305</td> <td style="text-align:right; vertical-align: bottom;">18,740</td> <td style="text-align:right; vertical-align: bottom;">19,175</td> <td style="text-align:right; vertical-align: bottom;">19,610</td> <td style="text-align:right; vertical-align: bottom;">20,045</td> <td style="text-align:right; vertical-align: bottom;">20,480</td> <td style="text-align:right; vertical-align: bottom;">20,915</td> <td style="text-align:right; vertical-align: bottom;">21,350</td> <td style="text-align:right; vertical-align: bottom;">21,785</td> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 12:</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group B—MA</td> <td style="text-align:right; vertical-align: bottom;">16,725</td> <td style="text-align:right; vertical-align: bottom;">17,140</td> <td style="text-align:right; vertical-align: bottom;">17,555</td> <td style="text-align:right; vertical-align: bottom;">17,970</td> <td style="text-align:right; vertical-align: bottom;">18,385</td> <td style="text-align:right; vertical-align: bottom;">18,800</td> <td style="text-align:right; vertical-align: bottom;">19,215</td> <td style="text-align:right; vertical-align: bottom;">19,630</td> <td style="text-align:right; vertical-align: bottom;">20,045</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group C—MA+30</td> <td style="text-align:right; vertical-align: bottom;">17,225</td> <td style="text-align:right; vertical-align: bottom;">17,640</td> <td style="text-align:right; vertical-align: bottom;">18,055</td> <td style="text-align:right; vertical-align: bottom;">18,470</td> <td style="text-align:right; vertical-align: bottom;">18,885</td> <td style="text-align:right; vertical-align: bottom;">19,300</td> <td style="text-align:right; vertical-align: bottom;">19,715</td> <td style="text-align:right; vertical-align: bottom;">20,130</td> <td style="text-align:right; vertical-align: bottom;">20,545</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group D—Doctors</td> <td style="text-align:right; vertical-align: bottom;">17,710</td> <td style="text-align:right; vertical-align: bottom;">18,125</td> <td style="text-align:right; vertical-align: bottom;">18,540</td> <td style="text-align:right; vertical-align: bottom;">18,955</td> <td style="text-align:right; vertical-align: bottom;">19,370</td> <td style="text-align:right; vertical-align: bottom;">19,785</td> <td style="text-align:right; vertical-align: bottom;">20,200</td> <td style="text-align:right; vertical-align: bottom;">20,615</td> <td style="text-align:right; vertical-align: bottom;">21,030</td> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 13:</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group B—MA</td> <td style="text-align:right; vertical-align: bottom;">15,370</td> <td style="text-align:right; vertical-align: bottom;">15,870</td> <td style="text-align:right; vertical-align: bottom;">16,370</td> <td style="text-align:right; vertical-align: bottom;">16,870</td> <td style="text-align:right; vertical-align: bottom;">17,370</td> <td style="text-align:right; vertical-align: bottom;">17,870</td> <td style="text-align:right; vertical-align: bottom;">18,370</td> <td style="text-align:right; vertical-align: bottom;">18,870</td> <td style="text-align:right; vertical-align: bottom;">19,370</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group C—MA+30</td> <td style="text-align:right; vertical-align: bottom;">15,870</td> <td style="text-align:right; vertical-align: bottom;">16,370</td> <td style="text-align:right; vertical-align: bottom;">16,870</td> <td style="text-align:right; vertical-align: bottom;">17,370</td> <td style="text-align:right; vertical-align: bottom;">17,870</td> <td style="text-align:right; vertical-align: bottom;">18,370</td> <td style="text-align:right; vertical-align: bottom;">18,870</td> <td style="text-align:right; vertical-align: bottom;">19,370</td> <td style="text-align:right; vertical-align: bottom;">19,870</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle; border-bottom: 1px solid; padding-bottom: 0.5em;" leaders="yes">Group D—Doctors</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">16,355</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">16,855</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">17,355</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">17,855</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">18,355</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">18,855</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">19,355</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">19,855</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">20,355</td> </tr> </tbody> </table> <page identifier="/us/stat/88/1048">88 <inline class="smallCaps">Stat</inline>. 1048</page> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead style="font-size: 8pt"> <tr> <th colspan="14" style="text-align:center; vertical-align:top; padding-bottom: 0.5em; padding-left: 11em;">Service step—</th> </tr> <tr> <th style="text-align:left; vertical-align:top; padding-left: 1em; padding-bottom: 0.5em; border-bottom: 1px solid;">Salary class and group</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">1</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">2</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">3</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">4</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">5</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">6</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">7</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">8</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">9</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">10</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">11</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">12</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">13</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">Longetivity step Y</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align: middle; padding-top: 1em;" leaders="yes">Class 14</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group A—BA</td> <td style="text-align:right; vertical-align: bottom;">$11,750</td> <td style="text-align:right; vertical-align: bottom;">$12,270</td> <td style="text-align:right; vertical-align: bottom;">$12,790</td> <td style="text-align:right; vertical-align: bottom;">$13,310</td> <td style="text-align:right; vertical-align: bottom;">$13,830</td> <td style="text-align:right; vertical-align: bottom;">$14,350</td> <td style="text-align:right; vertical-align: bottom;">$14,870</td> <td style="text-align:right; vertical-align: bottom;">$15,390</td> <td style="text-align:right; vertical-align: bottom;">$15,910</td> <td style="text-align:right; vertical-align: bottom;">$16,430</td> <td style="text-align:right; vertical-align: bottom;">$16,950</td> <td style="text-align:right; vertical-align: bottom;">$17,470</td> <td style="text-align:right; vertical-align: bottom;">$17,990</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group B—MA</td> <td style="text-align:right; vertical-align: bottom;">12,745</td> <td style="text-align:right; vertical-align: bottom;">13,265</td> <td style="text-align:right; vertical-align: bottom;">13,785</td> <td style="text-align:right; vertical-align: bottom;">14,305</td> <td style="text-align:right; vertical-align: bottom;">14,825</td> <td style="text-align:right; vertical-align: bottom;">15,345</td> <td style="text-align:right; vertical-align: bottom;">15,865</td> <td style="text-align:right; vertical-align: bottom;">16,385</td> <td style="text-align:right; vertical-align: bottom;">16,905</td> <td style="text-align:right; vertical-align: bottom;">17,425</td> <td style="text-align:right; vertical-align: bottom;">19,945</td> <td style="text-align:right; vertical-align: bottom;">18,465</td> <td style="text-align:right; vertical-align: bottom;">18,985</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group C—MA+30</td> <td style="text-align:right; vertical-align: bottom;">13,245</td> <td style="text-align:right; vertical-align: bottom;">13,765</td> <td style="text-align:right; vertical-align: bottom;">14,285</td> <td style="text-align:right; vertical-align: bottom;">14,805</td> <td style="text-align:right; vertical-align: bottom;">15,325</td> <td style="text-align:right; vertical-align: bottom;">15,845</td> <td style="text-align:right; vertical-align: bottom;">16,365</td> <td style="text-align:right; vertical-align: bottom;">16,885</td> <td style="text-align:right; vertical-align: bottom;">17,405</td> <td style="text-align:right; vertical-align: bottom;">17,925</td> <td style="text-align:right; vertical-align: bottom;">18,445</td> <td style="text-align:right; vertical-align: bottom;">18,965</td> <td style="text-align:right; vertical-align: bottom;">19,485</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group D—Doctors</td> <td style="text-align:right; vertical-align: bottom;">13,730</td> <td style="text-align:right; vertical-align: bottom;">14,250</td> <td style="text-align:right; vertical-align: bottom;">14,770</td> <td style="text-align:right; vertical-align: bottom;">15,290</td> <td style="text-align:right; vertical-align: bottom;">15,810</td> <td style="text-align:right; vertical-align: bottom;">16,330</td> <td style="text-align:right; vertical-align: bottom;">16,850</td> <td style="text-align:right; vertical-align: bottom;">17,370</td> <td style="text-align:right; vertical-align: bottom;">17,890</td> <td style="text-align:right; vertical-align: bottom;">18,410</td> <td style="text-align:right; vertical-align: bottom;">18,930</td> <td style="text-align:right; vertical-align: bottom;">19,450</td> <td style="text-align:right; vertical-align: bottom;">19,970</td> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Class 15</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;" leaders="yes"/> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group A—BA</td> <td style="text-align:right; vertical-align: bottom;">9,940</td> <td style="text-align:right; vertical-align: bottom;">10,335</td> <td style="text-align:right; vertical-align: bottom;">10,730</td> <td style="text-align:right; vertical-align: bottom;">11,125</td> <td style="text-align:right; vertical-align: bottom;">11,520</td> <td style="text-align:right; vertical-align: bottom;">11,915</td> <td style="text-align:right; vertical-align: bottom;">12,415</td> <td style="text-align:right; vertical-align: bottom;">12,915</td> <td style="text-align:right; vertical-align: bottom;">13,415</td> <td style="text-align:right; vertical-align: bottom;">13,915</td> <td style="text-align:right; vertical-align: bottom;">14,415</td> <td style="text-align:right; vertical-align: bottom;">14,915</td> <td style="text-align:right; vertical-align: bottom;">15,415</td> <td style="text-align:right; vertical-align: bottom;">$16,615</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group A–1—BA+15</td> <td style="text-align:right; vertical-align: bottom;">10,435</td> <td style="text-align:right; vertical-align: bottom;">10,830</td> <td style="text-align:right; vertical-align: bottom;">11,225</td> <td style="text-align:right; vertical-align: bottom;">11,620</td> <td style="text-align:right; vertical-align: bottom;">12,015</td> <td style="text-align:right; vertical-align: bottom;">10,410</td> <td style="text-align:right; vertical-align: bottom;">12,910</td> <td style="text-align:right; vertical-align: bottom;">13,410</td> <td style="text-align:right; vertical-align: bottom;">13,910</td> <td style="text-align:right; vertical-align: bottom;">14,410</td> <td style="text-align:right; vertical-align: bottom;">14,910</td> <td style="text-align:right; vertical-align: bottom;">15,410</td> <td style="text-align:right; vertical-align: bottom;">15,910</td> <td style="text-align:right; vertical-align: bottom;">17,610</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group B—MA</td> <td style="text-align:right; vertical-align: bottom;">10,935</td> <td style="text-align:right; vertical-align: bottom;">11,435</td> <td style="text-align:right; vertical-align: bottom;">11,935</td> <td style="text-align:right; vertical-align: bottom;">12,435</td> <td style="text-align:right; vertical-align: bottom;">12,935</td> <td style="text-align:right; vertical-align: bottom;">13,435</td> <td style="text-align:right; vertical-align: bottom;">14,055</td> <td style="text-align:right; vertical-align: bottom;">14,675</td> <td style="text-align:right; vertical-align: bottom;">15,295</td> <td style="text-align:right; vertical-align: bottom;">15,915</td> <td style="text-align:right; vertical-align: bottom;">16,535</td> <td style="text-align:right; vertical-align: bottom;">17,155</td> <td style="text-align:right; vertical-align: bottom;">17,775</td> <td style="text-align:right; vertical-align: bottom;">19,390</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Group C—MA+30</td> <td style="text-align:right; vertical-align: bottom;">11,435</td> <td style="text-align:right; vertical-align: bottom;">11,935</td> <td style="text-align:right; vertical-align: bottom;">12,435</td> <td style="text-align:right; vertical-align: bottom;">12,935</td> <td style="text-align:right; vertical-align: bottom;">13,435</td> <td style="text-align:right; vertical-align: bottom;">13,935</td> <td style="text-align:right; vertical-align: bottom;">14,555</td> <td style="text-align:right; vertical-align: bottom;">15,175</td> <td style="text-align:right; vertical-align: bottom;">15,795</td> <td style="text-align:right; vertical-align: bottom;">16,415</td> <td style="text-align:right; vertical-align: bottom;">17,035</td> <td style="text-align:right; vertical-align: bottom;">17,655</td> <td style="text-align:right; vertical-align: bottom;">18,275</td> <td style="text-align:right; vertical-align: bottom;">19,900</td> </tr> <tr> <td style="text-align:left; padding-left: 2em; vertical-align: middle; border-bottom: 1px solid; padding-bottom: 0.5em;" leaders="yes">Group D, master’s degree + 60 or Doctor’s</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">11,935</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">12,435</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">12,935</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">13,435</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">13,935</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">14,435</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">15,055</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">15,675</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">16,295</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">16,915</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">17,535</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">18,155</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">18,775</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">20,559</td> </tr> </tbody> </table> </content> </paragraph> <page identifier="/us/stat/88/1049">88 <inline class="smallCaps">Stat</inline>. 1049</page> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Effective on the first day of the first pay period beginning on or<sidenote><p class="firstIndent1 fontsize8">Summer school and adult education.</p><p class="firstIndent1 fontsize8">Effective date.</p></sidenote> after September 1, 1974, the schedule of pay rates in section 13(a) of that Act (D.C. Code, sec. 31–1542(a)) is amended to read as follows: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead style="font-size: 8pt"> <tr> <th colspan="4" style="text-align:center; vertical-align:top; padding-bottom: 0.5em; padding-left: 20em; border-top: 1px solid;">Per period</th> </tr> <tr> <th style="text-align:left; vertical-align:top; padding-left: 3em; padding-bottom: 0.5em; border-bottom: 1px solid;">“Classification</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">Step 1</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">Step 2</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">Step 3</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align: middle; padding-top: 1em;">Summer school (regular):</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> </tr> <tr> <td style="table-width: 50%; text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Teachers, elementary and secondary schools; counselor, elementary and secondary schools; librarian, elementary and secondary schools; school social worker; speech correctionist, school psychologist</td> <td style="text-align:right; vertical-align: bottom;">$8.53</td> <td style="text-align:right; vertical-align: bottom;">$9.67</td> <td style="text-align:right; vertical-align: bottom; padding-right: 0.5em;">$10.90</td> </tr> <tr> <td style="table-width: 50%; text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Psychiatric social worker</td> <td style="text-align:right; vertical-align: bottom;">9.81</td> <td style="text-align:right; vertical-align: bottom;">11.12</td> <td style="text-align:right; vertical-align: bottom; padding-right: 0.5em;">12.54</td> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Veterans’ summer school centers: Teacher</td> <td style="text-align:right; vertical-align: bottom;">8.53</td> <td style="text-align:right; vertical-align: bottom;">9.67</td> <td style="text-align:right; vertical-align: bottom; padding-right: 0.5em;">10.90</td> </tr> <tr> <td style="text-align:left; vertical-align: middle;">Adult education schools:</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> </tr> <tr> <td style="table-width: 50%; text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Teacher</td> <td style="text-align:right; vertical-align: bottom;">9.38</td> <td style="text-align:right; vertical-align: bottom;">10.64</td> <td style="text-align:right; vertical-align: bottom; padding-right: 0.5em;">11.99</td> </tr> <tr> <td style="table-width: 50%; text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Assistant principal</td> <td style="text-align:right; vertical-align: bottom;">13.13</td> <td style="text-align:right; vertical-align: bottom;">14.90</td> <td style="text-align:right; vertical-align: bottom; padding-right: 0.5em;">16.79</td> </tr> <tr> <td style="table-width: 50%; text-align:left; padding-left: 2em; padding-bottom: 0.5em; vertical-align: middle; border-bottom: 1px solid;" leaders="yes">Principal</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">14.54</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">16.49</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">18.59”</td> </tr> </tbody> </table> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Effective on the first day of the first pay period beginning on or<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1542">31 USC 1542.</ref></p></sidenote> after January 1, 1975, that schedule of pay rates is amended to read as follows: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead style="font-size: 8pt"> <tr> <th colspan="4" style="text-align:center; vertical-align:top; padding-bottom: 0.5em;">SUMMER SCHOOL TEACHERS AND ADULT EDUCATION SCHOOLS SALARY SCHEDULE</th> </tr> <tr> <th colspan="4" style="text-align:center; vertical-align:top; padding-bottom: 0.5em; padding-left: 20em; border-top: 1px solid;">Per period</th> </tr> <tr> <th style="text-align:left; vertical-align:top; padding-left: 3em; padding-bottom: 0.5em; border-bottom: 1px solid;">Classification</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">Step 1</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">Step 2</th> <th style="text-align:right; vertical-align:top; padding-bottom: 0.5em; border-top: 1px solid; border-bottom: 1px solid;">Step 3</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align: middle; padding-top: 1em;">Summer school (regular):</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> </tr> <tr> <td style="table-width: 50%; text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Teachers, elementary and secondary schools; counselor, elementary and secondary schools; librarian, elementary and secondary schools; school social worker; speech correctionist, school psychologist</td> <td style="text-align:right; vertical-align: bottom;">$8.79</td> <td style="text-align:right; vertical-align: bottom;">$9.97</td> <td style="text-align:right; vertical-align: bottom;">$11.23</td> </tr> <tr> <td style="table-width: 50%; text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Psychiatric social worker</td> <td style="text-align:right; vertical-align: bottom;">10.11</td> <td style="text-align:right; vertical-align: bottom;">11.47</td> <td style="text-align:right; vertical-align: bottom;">13.11</td> </tr> <tr> <td style="text-align:left; vertical-align: middle;" leaders="yes">Veterans’ summer school centers: Teacher</td> <td style="text-align:right; vertical-align: bottom;">8.79</td> <td style="text-align:right; vertical-align: bottom;">9.97</td> <td style="text-align:right; vertical-align: bottom;">11.23</td> </tr> <tr> <td style="text-align:left; vertical-align: middle;">Adult education schools:</td> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> <td style="text-align:right; vertical-align: bottom;"/> </tr> <tr> <td style="table-width: 50%; text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Teacher</td> <td style="text-align:right; vertical-align: bottom;">9.61</td> <td style="text-align:right; vertical-align: bottom;">10.97</td> <td style="text-align:right; vertical-align: bottom;">12.35</td> </tr> <tr> <td style="table-width: 50%; text-align:left; padding-left: 2em; vertical-align: middle;" leaders="yes">Assistant principal</td> <td style="text-align:right; vertical-align: bottom;">13.54</td> <td style="text-align:right; vertical-align: bottom;">15.36</td> <td style="text-align:right; vertical-align: bottom;">17.29</td> </tr> <tr> <td style="table-width: 50%; text-align:left; padding-left: 2em; padding-bottom: 0.5em; vertical-align: middle; border-bottom: 1px solid;" leaders="yes">Principal</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">14.99</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">17.00</td> <td style="text-align:right; vertical-align: bottom; border-bottom: 1px solid; padding-bottom: 0.5em;">19.14</td> </tr> </tbody> </table> </quotedContent> </content> </paragraph> </section> <section> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <chapeau class="inline">Beginning with the calendar year 1975, the District of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/31/1501a">D.C. Code 31–1501a.</ref></p></sidenote> Columbia Board of Education shall, by March 1 of each year, submit to the Mayor of the District of Columbia the—</chapeau> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">percentage rate of the cost-of-living change since the effective date of the last increase of the compensation schedule for educational personnel in the District of Columbia: and</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">results of a study comparing compensation of teachers in the District of Columbia with (1) teachers in cities of comparable size, and (2) teachers within other jurisdictions of the Washington metropolitan area.</content> </subsection> <continuation class="fontsize10">The Mayor shall submit the information submitted to him by the Board under this section to the Council of the District of Columbia along with his recommendations with respect to compensation (and other related matters) of educational personnel of the Board.</continuation> </section> <section> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Each person receiving basic compensation under class<sidenote><p class="firstIndent1 fontsize8">Teaching certificates.</p><p class="firstIndent1 fontsize8"><ref href="/us/dc/31/1513">D.C. Code 31–1513.</ref></p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1042.</p><p class="firstIndent1 fontsize8">Renewals.</p></sidenote> 15 of the salary schedule in section 1(a) of the District of Columbia Teachers’ Salary Act of 1955 (D.C. Code, sec. 31–1501) shall be issued a five-year teaching certificate. Renewals shall be dependent upon application and six or more hours of appropriate credit earned during the preceding five-year period. The District of Columbia<sidenote><p class="firstIndent1 fontsize8">Rules and regulations.</p></sidenote> Board of Education shall establish appropriate rules, regulations, and requirements to carry out the purposes of this section.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">For the purposes of this section, class 15, group B, shall include persons possessing a master’s degree or thirty appropriate semester hours beyond the bachelor’s degree.</content> </subsection> <page identifier="/us/stat/88/1050">88 <inline class="smallCaps">Stat</inline>. 1050</page> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">For purposes of implementing this section the Board shall determine the appropriateness of the course work obtained in lieu of the degree.</content> </subsection> </section> <section> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num><sidenote><p class="firstIndent1 fontsize8">Appointment and promotion requirement.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 2(a) of the District of Columbia Teachers’ Salary Act of 1955 (D.C. Code, sec. 31–1511 (a)) is amended by striking out “<quotedText>(D) attendance officer, or (E) child labor inspector,</quotedText>” and inserting “<quotedText>or</quotedText>” after “<quotedText>tactics,</quotedText>” in paragraph (B).</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/31/1511">D.C. Code 31–1511 note.</ref></p></sidenote>(b) </num> <content class="inline">The employees in the category repealed by the amendment made by subsection (a) shall meet the general requirements of such section 2(a).</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p></sidenote>(c) </num> <content class="inline">The amendment made by subsection (a) shall be effective on and after the date of enactment of this Act.</content> </subsection> </section> <num value="III">TITLE III—</num> <heading class="inline">TEACHERS RETIREMENT ANNUITIES</heading> <section> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num><sidenote><p class="firstIndent1 fontsize8">Annuity computation.</p></sidenote> <content class="inline">Section 5 of the Act entitled “An Act for the retirement of public school teachers in the District of Columbia”, approved August 7, 1946 (D.C. Code, sec. 31–725) is amended by adding at the end thereof the following: <quotedContent> <subsection class="firstIndent1"> <num value="e">“(e)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Notwithstanding any other provision of this Act, other than this subsection, the monthly rate of annuity payable under this section shall not be less than the smallest primary insurance amount, including any cost-of-living increase added to that amount, authorized to be paid from time to time under title II of the Social Security <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401.</ref></p></sidenote>Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Notwithstanding any other provision of this Act, other than this subsection, the monthly rate of annuity payable under this section to a surviving child shall not be less than the smallest primary insurance amount, including any cost-of-living increase added to that amount, authorized to be paid from time to time under title II of the Social Security Act, or three times such primary insurance amount divided by the number of surviving children entitled to an annuity, whichever is the lesser.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The provisions of this subsection shall not apply to an annuitant or to a survivor who is or becomes entitled to receive from the United States, or the District of Columbia, an annuity or retired pay under any other civilian or military retirement system, benefits under title II of the Social Security Act, a pension, veterans’ compensation, or any other periodic payment of a similar nature, when the monthly rate thereof is equal to or greater than the smallest primary insurance amount, including any cost-of-living increase added to that amount, authorized to be paid from time to time under title II of the Social Security Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">An annuity payable from the teachers’ retirement and annuity fund to a former teacher, which is based on a separation occurring prior to October 20, 1969, is increased by $240.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">In lieu of any increase based on an increase under paragraph (4) of this subsection, an annuity payable from the teachers’ retirement and annuity fund to the surviving spouse of a teacher or annuitant, which is based on a separation occurring prior to October 20, 1969, shall be increased by $132.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">The monthly rate of an annuity resulting from an increase under paragraph (4) or (5) shall be considered as the monthly rate of annuity payable under subsection (a) for purposes of computing the minimum annuity under subsection (e).”.</content> </paragraph> </subsection> </quotedContent> </content> </section> <section> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/dc/31/725">D.C. Code 31–725 note.</ref></p></sidenote> <content class="inline">This title shall become effective on the date of enactment. Annuity increases under this title shall apply to annuities which commence before, on, or after the date of enactment of this title, but <page identifier="/us/stat/88/1051">88 <inline class="smallCaps">Stat</inline>. 1051</page>no increase in annuity shall be paid for any period prior to the first day of the first month which begins on or after the ninetieth day after the date of enactment of this title, or the date on which the annuity commences, whichever is later.</content> </section> <num value="IV">TITLE IV—</num> <heading class="inline">REAL PROPERTY TAX</heading><sidenote><p class="firstIndent1 fontsize8">District of Columbia Real Property Tax Revision Act of 1974.</p></sidenote> <part> <num value="1"><inline class="smallCaps">Part 1</inline>—</num> <heading class="inline"><inline class="smallCaps">Short Title, Statement of Purpose, and Definitions</inline></heading> <section> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <content class="inline">This title may be cited as the “<shortTitle role="title">District of Columbia Real<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/621">D.C. Code 47–621 note.</ref></p></sidenote> Property Tax Revision Act of 1974</shortTitle>”.</content> </section> <section> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <chapeau class="inline">It is the intent of Congress to revise the real property<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/621">D.C. Code 47–621.</ref></p></sidenote> tax in the District of Columbia to achieve the following objectives:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Equitable sharing of the financial burden of the government of the District of Columbia.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Full public information regarding assessments and appeal procedures.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Promotion of economic activity, diversity of land use, and preservation of the character of the District of Columbia.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Assurance that shifts in the tax burden on individual taxpayers will not be excessive.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">Comparability of tax effort between the District of Columbia and surrounding jurisdictions in the metropolitan area and cities of comparable size.</content> </paragraph> </section> <section> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num> <chapeau class="inline">For the purposes of this title—<sidenote><p class="firstIndent1 fontsize8">Definitions.</p><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/622">D.C. Code 47–622.</ref></p></sidenote></chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The term “real property” means real estate identified by plat on the records of the District of Columbia Surveyor according to lot and square together with improvements thereon.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The term “Commissioner” means the Commissioner of the District of Columbia established under Reorganization Plan Numbered 3 of 1967.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/">5 USC app.</ref></p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The term “Council” means the District of Columbia Council established under Reorganization Plan Numbered 3 of 1967.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">The term “estimated market value” means 100 per centum of the most probable price at which a particular piece of real property, if exposed for sale in the open market with a reasonable time for the seller to find a purchaser, would be expected to transfer under prevailing market conditions between parties who have knowledge of the uses to which the property may be put, both seeking to maximize their gains and neither being in a position to take advantage of the exigencies of the other.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">The term “regulation”, unless specifically identified as a regulation of the Commissioner, means a regulation of the Council enacted under section 406 of the Reorganization Plan Numbered 3 of 1967, and after January 2, 1975, such term means an act of the Council of the District of Columbia enacted under section 412 (and related sections) of the District of Columbia Self-Government and Governmental Reorganization Act.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/1/146">D.C. Code 1–146.</ref></p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <chapeau class="inline">The term “tax year” means—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">with respect to a real property tax rate proposed by the Mayor or established by the Council after January 1 but before June 30 of any calendar year, the next following fiscal year; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">with respect to a real property tax rate proposed by the Mayor or established by the Council after June 30 in any calendar year, the fiscal year during which the rate was proposed or established.</content> </subparagraph> </paragraph> </section> </part> <page identifier="/us/stat/88/1052">88 <inline class="smallCaps">Stat</inline>. 1052</page> <part> <num value="2"><inline class="smallCaps">Part 2</inline>—</num> <heading class="inline"><inline class="smallCaps">Authority and Procedure To Establish Real Property Tax Rates</inline></heading> <subpart> <num value="a"><inline class="smallCaps">subpart a</inline>—</num> <heading class="inline"><inline class="smallCaps">real property tax rate</inline></heading> <section> <num value="411"><inline class="smallCaps">Sec</inline>. 411. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/631">D.C. Code 47–631.</ref></p></sidenote> <content class="inline">Notwithstanding the provisions of the Act of June 2, 1922 (D.C. Code, sec. 47–501), there is hereby levied for each fiscal year a tax on the real property in the District of Columbia at a rate determined according to the provisions of this title. Unless otherwise provided by law, all revenues received from such tax shall be deposited, from time to time, in the Treasury of the United States, to the credit of the District of Columbia.</content> </section> <section> <num value="412"><inline class="smallCaps">Sec</inline>. 412. </num><sidenote><p class="firstIndent1 fontsize8">Public hearing.</p><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/632">D.C. Code 47–632.</ref></p></sidenote> <content class="inline">The Council, after public hearing, shall establish each year, within thirty days after receipt of the Commissioner’s recommendation under section 413, a rate of taxation which, except as provided in section 431, shall be applied, during the tax year, to the assessed value of all real property subject to taxation. The Council may by resolution extend the time for any year for setting such rate of taxation, except that if the Council does make such an extension, it must establish such a rate for that tax year. If the Council fails to establish such a rate within such thirty clays, and fails to extend the time for establishing such a rate, the rate calculated by the Commissioner, pursuant to section 413, shall be the rate for that tax year.</content> </section> <section> <num value="413"><inline class="smallCaps">Sec</inline>. 413. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/633">D.C. Code 47–633.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Except as provided in paragraph (2), by July 15 of each year, the Commissioner shall calculate and submit to the Council a proposed real property tax rate for the tax year, and inform the Council of his certification of the assessment roll pursuant to section 426(g). The Commissioner may extend the period for submitting such recommendation.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">With respect to the real property tax rate for the fiscal year ending June 30, 1975, the Commissioner shall submit his recommendation to the Council within 30 days after the date of enactment of this title.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">At the time the Commissioner submits to the Council the proposed real property tax rate under subsection (a), he shall also submit the following:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The total aggregate assessed value of taxable real property for the year preceding the tax year by major class or type of property.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The estimated total aggregate assessed value of taxable real property for the tax year for which the property tax rate recommendation is being made, by major class or type of property, indicating separately for each class or type the estimated value attributable to new construction.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The real property tax rate (rounded to the nearest penny) calculated to yield in the tax year the same amount of revenue (exclusive of the revenue attributable to new construction) as was raised by that tax at the rate applicable during the year preceding the tax year.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The real property tax rate submitted by the Commissioner pursuant to subsection (a) shall become the real property tax rate applicable during the tax year for which it is submitted unless the Council acts to set a different such rate pursuant to section 412.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">On or before February 1 of each year the Commissioner shall estimate as closely as possible, the rate to be calculated in subsection (a) and shall so inform the Council.</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">The real property tax rate applicable in the District for the fiscal year ending June 30, 1975, calculated according to the provisions of sections 411,412,413, and 461, shall be applied to the assessment roll <page identifier="/us/stat/88/1053">88 <inline class="smallCaps">Stat</inline>. 1053</page>for 1975 determined according to provisions of law in effect prior to the effective date of this Act.</content> </subsection> </section> <section> <num value="414"><inline class="smallCaps">Sec</inline>. 414. </num> <chapeau class="inline">At the time the Commissioner submits to the Council the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/634">D.C. Code 47–634.</ref></p></sidenote> proposed real property tax rate under section 413, he shall also submit the following:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The total aggregate assessed value of real property exempt from the real property tax levied in the District for the current fiscal year by major class or type of exempt status and the tax that would have been paid during such fiscal year had such property not been exempt.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The estimated total aggregate assessed value of real property exempt from the real property tax levied in the District by major class or type of exempt status and the tax that would be paid during the fiscal year under the real property tax rate proposed by the Commissioner pursuant to section 413.</content> </paragraph> </section> <section> <num value="415"><inline class="smallCaps">Sec</inline>. 415. </num> <content class="inline">In establishing a real property tax rate the Council shall<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/635">D.C. Code 47–635.</ref></p></sidenote> make a comparison of tax rates and burdens applicable to residential and nonresidential property in the District with those such rates applicable to such property in jurisdictions in the vicinity of the District. The comparison shall include other major taxes in addition to the tax on real property. Without in any way limiting the authority of the Council, it is the intention of Congress that tax burdens in the District be reasonably comparable to those in the surrounding jurisdictions of the Washington metropolitan area.</content> </section> <section> <num value="416"><inline class="smallCaps">Sec</inline>. 416. </num> <content class="inline">The Commissioner shall, by June 30 of each year, compile<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/636">D.C. Code 47–636.</ref></p></sidenote> and publish information regarding the relative amount of tax for all major taxes in the District compared with those in surrounding jurisdictions in the Washington metropolitan area and with those in other cities. The information shall include the rate of the property tax levied on residential and nonresidential property, and the effect of major taxes levied on families of different income levels and on businesses.</content> </section> </subpart> <subpart> <num value="b"><inline class="smallCaps">subpart b</inline>—</num> <heading class="inline"><inline class="smallCaps">assessment and administration</inline></heading> <section> <num value="421"><inline class="smallCaps">Sec</inline>. 421. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The assessed value of all real property shall be listed<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/641">D.C. Code 47–641.</ref></p></sidenote> on the assessment roll for real property taxation purposes annually as provided in this part. The assessed value for all real property shall be the estimated market value of such property as of January 1 of the year preceding the tax year, as determined by the Commissioner. In determining estimated market value for various kinds of real property the Commissioner shall take into account any factor which might have a bearing on the market value of the real property including, but not limited to, sales information on similar types of real property, mortgage, or other financial considerations, reproduction cost less accrued depreciation because of age, condition, and other factors, income earning potential (if any), zoning, and government-imposed restrictions. Assessments shall be based upon the sources of information available to the Commissioner which may include actual view.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">All real property shall be assessed no less frequently than once every two years, and as soon as practicable such assessment shall be made annually. The Council may authorize and direct assessments to be made annually for some or all classes of real property, except that for fiscal year 1978, and for each fiscal year thereafter, all real property shall be assessed on an annual basis.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The Council may adopt regulations concerning the assessment<sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote> and reassessment of real property and matters relating thereto which shall be consistent with the provisions of this title and other applicable provisions of law.</content> </subsection> <page identifier="/us/stat/88/1054">88 <inline class="smallCaps">Stat</inline>. 1054</page> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote>(d) </num> <content class="inline">The Council may adopt regulations regarding information to be furnished the Commissioner by owners of real property. Such regulations shall provide, under penalty of law, that all such information with respect to income derived from investment on income-producing real property shall be handled in the same confidential manner as income tax returns and supporting data required to be submitted to the government of the District of Columbia under laws applicable in the District.</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">The Commissioner shall submit to the Council, within forty-five days after the date of enactment of this title, proposed regulations to be adopted by the Council pursuant to subsection (c).</content> </subsection> <subsection class="firstIndent1"> <num value="f"><sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote>(f) </num> <content class="inline">Consistent with the provisions of this Act and regulations of the Council, the Commissioner shall promulgate necessary regulations and administrative orders. If the Council shall not have adopted regulations concerning assessment pursuant to subsection (c) within ninety days after the date of enactment of this title, the Commissioner shall promulgate such regulations.</content> </subsection> </section> <section> <num value="422"><inline class="smallCaps">Sec</inline>. 422. </num><sidenote><p class="firstIndent1 fontsize8">Real property, assessment.</p><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/642">D.C. Code 47–642.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Commissioner shall assess all real property, identifying separately the value of land and improvements thereon, and administer and collect the real property tax within the District. The Commissioner shall also notify owners of real property of assessments and of appeal procedures. In addition, he shall maintain adequate records relating to the administration of the real property tax in the District, and provide appropriate public information concerning such tax.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Assessors, appointment.</p></sidenote>(b) </num> <content class="inline">The Commissioner shall appoint assessors competent to determine values of real property to carry out the provisions of this title and other relevant portions of this title. Each person so appointed shall take and subscribe an oath to diligently, faithfully, and impartially assess all real property according to applicable law and regulations and otherwise perform the duties of office.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The (Commissioner shall assure that information regarding the characteristics of real property, sales and exchanges of all such property, building permits, land use plans, and any other information pertinent to the assessment process shall be made available to the assessors on a timely basis.</content> </subsection> </section> <section> <num value="423"><inline class="smallCaps">Sec</inline>. 423. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/643">D.C. Code 47–643.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">All real property, except as hereinafter provided, shall be assessed in the name of the owner, or trustee or trustees of the owner thereof. All undivided real property of a deceased person may be assessed in the name of such deceased person until such undivided real property is divided according to law, or has otherwise passed into the possession of some other person; and all real property, the ownership of which is unknown, shall be assessed as owner unknown.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">All real property, whether taxable or not, shall be assessed according to the address and the number of the squares and lots thereof, or part of lots, and upon the number of the square or superficial feet in each square or lot or part of a lot.</content> </subsection> </section> <section> <num value="424"><inline class="smallCaps">Sec</inline>. 424. </num><sidenote><p class="firstIndent1 fontsize8">Preliminary assessment roll.</p><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/644">D.C. Code 47–644.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Commissioner shall, on or before March 1 of each year, compile in tabular form and place in a book, known as the preliminary assessment roll, the name of the owner, address, lot and square, amount, description, and value, as of January 1 of that year, of the land and improvements of all real property whether such property is taxable or exempt.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Public inspection.</p></sidenote>(b) </num> <content class="inline">The preliminary assessment roll, together with all maps, field books, assessment-sales ratio studies, surveys, and plats, shall be open to public inspection during normal business hours. In addition, any notes and memorandums relating to the assessment of his real property, or a statement clearly indicating the basis upon which his real property has been assessed, shall be open to inspection by the taxpayer or his <page identifier="/us/stat/88/1055">88 <inline class="smallCaps">Stat</inline>. 1055</page>designated representative during normal business hours. Provision<sidenote><p class="firstIndent1 fontsize8">Copies.</p></sidenote> shall be made to furnish copies of all material to any person, upon request, at the lowest charge which covers cost of making such copies.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The Commissioner shall undertake, publish, and otherwise publicize<sidenote><p class="firstIndent1 fontsize8">Assessment-sales ratio studies, publication.</p></sidenote> the results of assessment-sales ratio studies for different types of real property for the entire District and for different types of real property within each of the districts utilized in making assessments. If, for a given year, adequate sales data are lacking for particular studies, the Commissioner shall so indicate.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The Commissioner shall, either himself or in a newspaper of<sidenote><p class="firstIndent1 fontsize8">Assessed property values, publication.</p></sidenote> general circulation, publish a listing of the assessed value of each property by address, lot, and square, and he shall also make such listing available at the main public library in the District and at such other points as he may determine. Such publication can be by neighborhood areas so long as maps showing the assessment areas are generally available.</content> </subsection> </section> <section> <num value="425"><inline class="smallCaps">Sec</inline>. 425. </num> <chapeau class="inline">Beginning as soon as possible after January 1, but no<sidenote><p class="firstIndent1 fontsize8">Notice.</p><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/645">D.C. Code 47–645.</ref></p></sidenote> later than March 1 of each year, each taxpayer shall be notified of the assessment of his real property for the next fiscal year. The notice, or statement accompanying the notice, shall include—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the address, lot, square, and type of land use by major category of the property;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the assessed value of the land and improvements (shown separately and in total) of the property for the next fiscal year and such amounts for the previous fiscal year;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the amount and percentage of change in assessed value over the previous fiscal year;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">an indication of the reason for such change in assessment, such as, but not limited to, improvements to the property, zoning change, changing market values;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">statement of appeal procedures pursuant to section 426(1);</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">the citation to the regulations or orders under which the property was assessed;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">the location of the assessment roll, studies, and notes referred to in sections 424 and 426(g) and the hours during which the information is available;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">(8) </num> <content class="inline">the availability of a listing of the assessed value of property referred to in section 424(c); and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">(9) </num> <content class="inline">an explanation of all special benefits, incentives, limitations, or credits which relate to real property taxes as a result of this or any other Act.</content> </paragraph> </section> <section> <num value="426"><inline class="smallCaps">Sec</inline>. 426. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There is established a Board of Equalization and<sidenote><p class="firstIndent1 fontsize8">Board of Equalisation and Review for the District of Columbia.</p><p class="firstIndent1 fontsize8">Establishment; membership.</p><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/646">D.C. Code 47–646.</ref></p></sidenote> Review for the District (hereinafter in this title referred to as the “Board”) which shall be composed of fifteen members, a majority of whom shall be residents of the District, appointed by the Commissioner, with the advice and consent of the Council. The Council may authorize u larger size if the caseload so requires. Members of the Board shall be persons having knowledge of the valuation of property, real estate transactions, building costs, accounting, finance, or statistics. The Commissioner shall name one member as Chairman. None<sidenote><p class="firstIndent1 fontsize8">Chairman.</p></sidenote> of the members may be officers of the District of Columbia government. Each member shall serve for a term of five years, except of the<sidenote><p class="firstIndent1 fontsize8">Term.</p></sidenote> members first appointed under this section, the Commissioner shall designate equal numbers for terms of one, two, three, four, and five years. The terms of the members first appointed under this section shall begin on January 1, 1975. Any person appointed to fill a vacancy shall be appointed to servo for the remainder of the term during which the vacancy arose. Each member shall receive compensation at a rate<sidenote><p class="firstIndent1 fontsize8">Compensation.</p></sidenote> to be determined by the Council unless otherwise prohibited by law, <page identifier="/us/stat/88/1056">88 <inline class="smallCaps">Stat</inline>. 1056</page>but not to exceed one two-thousandth of the annual salary of the highest step of grade 15 of the General Schedule in section 5332 of title <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note.</ref></p></sidenote>5 of the United States Code for each hour such member is engaged in the actual performance of duties vested in the Board.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The Commissioner shall provide such other support as is needed for the efficient operation of the Board.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Meetings.</p></sidenote>(c) </num> <content class="inline">The Board shall convene as business necessitates from the first Monday in January until the Commissioner shall be presented with the assessment roll for the fiscal year as provided in subsection (g). The Board shall also convene as business necessitates for a period of thirty days following any special assessment which shall be generally applicable to a class of real property, and as business in the Board otherwise makes necessary.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">A majority of the Board shall constitute a quorum for transacting business, except the Board may provide for the establishment of three member panels for hearing and deciding individual appeals. The Board shall adopt and publish necessary rules, and all applicable provisions of the District of Columbia Administrative Procedures Act (D.C. Code, secs. 1–1501—1–1510) shall apply to the rules and procedure of the Board.</content> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8">Appeal.</p></sidenote>(e) </num> <content class="inline">On or before April 15 of each year any taxpayer may appeal the amount of his assessment for the forthcoming fiscal year.</content> </subsection> <subsection class="firstIndent1"> <num value="f"><sidenote><p class="firstIndent1 fontsize8">Assessment revisions.</p></sidenote>(f) </num> <content class="inline">Pursuant to applicable provisions of law, regulations adopted by the Council, or orders of the Commissioner, the Board shall attempt to assure that all real property is assessed at the estimated market value. Based on the record of complaints or of other information available to or solicited by the Board, the Board shall raise or lower the estimated market value of any real property which it finds to be more than 5 per centum above or below the estimated market value contained in the preliminary assessment roll prepared by the Commissioner according to section 423 and shall revise the assessment roll accordingly.</content> </subsection> <subsection class="firstIndent1"> <num value="g">(g) </num> <content class="inline">On or before June 1 the Board shall present the revised assessment roll for the forthcoming fiscal year to the Commissioner. The Commissioner shall make such further revisions to the assessment roll as are required under other applicable provisions of law, and shall approve such assessment roll not later than June 30. Except as otherwise provided by law, the approved assessment roll shall constitute the basis of assessment for the forthcoming fiscal year and until another assessment roll is made according to law.</content> </subsection> <subsection class="firstIndent1"> <num value="h">(h) </num> <content class="inline">Neither the Board nor any court shall order the increase of the assessed value of any parcel of real property above its estimated market value, nor the decrease of the assessed value of any parcel of real property below its estimated market value solely on the basis of average ratio studies comparing sales and assessments, unless such studies are the primary basis for the assessment, or reassessment of the concerned property.</content> </subsection> <subsection class="firstIndent1"> <num value="i">(i) </num> <content class="inline">Any person aggrieved by any assessment, equalization, or valuation made, may, by October 15 of the calendar year in which such assessment, equalization, or valuation is made, appeal from such assessment, equalization, or valuation in the same manner and to the same extent as provided in sections 3 and 14 of title IX of the Act of August <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/2403/2413">D.C. Code 47–2403, 2413.</ref></p></sidenote>17, 1937 (D.C. Code, secs. 47–2404, 47–24143), if such person shall have first made his complaint to the Board respecting such assessment as herein provided, except that in any case where no notice in writing of such increase of valuation was given the taxpayer prior to March 15 of the particular year, no such complaint shall be required for appeal.</content> </subsection> </section> <section> <num value="427"><inline class="smallCaps">Sec</inline>. 427. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/647">D.C. Code 47–647.</ref></p></sidenote> <content class="inline">Each assessor of the District, and each assistant assessor, in the discharge of any of his duties, or the Board, may administer <page identifier="/us/stat/88/1057">88 <inline class="smallCaps">Stat</inline>. 1057</page>all necessary oaths or affirmations. The Commissioner or, in his absence,<sidenote><p class="firstIndent1 fontsize8">Subpenas.</p></sidenote> his designated agent, and the Chairman of the Board, shall have power to summon the attendance of any person to be examined under oath touching such matters and things as the Commissioner or the Board may deem advisable in the discharge of their duties: and any member of the Metropolitan Police force of the District of Columbia may serve subpenas in his behalf. Such fees shall be allowed witnesses<sidenote><p class="firstIndent1 fontsize8">Witness fees.</p></sidenote> so examined, to be paid out of funds available to the Commissioner, as are allowed in civil actions before the United States District Court for the District of Columbia. Any person summoned and examined as aforesaid who shall knowingly make false oath or affirmation shall be guilty of perjury, and upon conviction thereof be punished according to the laws in force for the punishment of perjury.</content> </section> <section> <num value="428"><inline class="smallCaps">Sec</inline>. 428. </num> <content class="inline">Within one year after the date of enactment of this title the<sidenote><p class="firstIndent1 fontsize8">Class action cases.</p><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/643">D.C. Code 47–643.</ref></p></sidenote> Superior Court of the District of Columbia shall establish a method which it deems appropriate by which class action cases regarding any matter relating to real and personal property taxes may be brought before the Superior Court.</content> </section> <section> <num value="429"><inline class="smallCaps">Sec</inline>. 429. </num> <content class="inline">Any person who shall refuse or knowingly neglect to perform<sidenote><p class="firstIndent1 fontsize8">Violations, penalty.</p><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/649">D.C. Code 47–649.</ref></p><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/301">D.C. Code 47–301.</ref></p></sidenote> any duty enjoined on him by law, or who shall consent to or connive at any evasion of the provision of the first section of the Act of March 3, 1881 (D C. Code. sec. 47–209), or section 13 of the Act of August 14, 1894 (D.C. Code. sec. 47–606), or any other provision of this title shall, for each offense, be removed from office and fined not more than $10,000, or imprisoned for no longer than one year, or both, in the discretion of the court.</content> </section> </subpart> <subpart> <num value="c"><inline class="smallCaps">subpart c</inline>—</num> <heading class="inline"><inline class="smallCaps">modified homeowner exemption to prevent shift of the tax burden to low and moderate income families who rent or own single family homes</inline></heading> <section> <num value="430"><inline class="smallCaps">Sec</inline>. 430. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">In order that the shift to equalized assessment at the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/650">D.C. Code 47–650.</ref></p></sidenote> same percentage of estimated market value for all properties not result in increases in proportionate tax burden for households of low or moderate income who own or rent property identified on the assessment roll as row dwellings, detached dwellings, or semi-detached dwellings, the Council by regulation is authorized to provide that the amount of up to $3,000 of market value may be deducted from the estimated market value of some or all of such property.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Subsection (a) shall take effect on and after July 1, 1974.<sidenote><p class="firstIndent1 fontsize8">Effective date.</p></sidenote></content> </subsection> </section> </subpart> <subpart> <num value="D"><inline class="smallCaps">subpart d</inline>—</num> <heading class="inline"><inline class="smallCaps">tax incentives for rehabilitation of property and new construction in areas of the city and for the preservation of historic property</inline></heading> <section> <num value="431"><inline class="smallCaps">Sec</inline>. 431. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Council shall, within one year after the date, of<sidenote><p class="firstIndent1 fontsize8">Hearing; regulations.</p><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/651">D.C. Code 47–651.</ref></p></sidenote> enactment of this title, after public hearing, adopt regulations providing tax incentives for the rehabilitation of existing structures and for new construction, including rehabilitation or construction of commercial property, located in areas of the District as designated by the Council. The Council shall also adopt regulations providing tax incentives for the rehabilitation and maintenance of historic property. Such tax incentives may include, but are not limited to—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">establishing different tax rates for land and for improvements thereon; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">providing that any increase in assessed value of improvements resulting from rehabilitation or new construction be ignored for tax purposes for up to five years from the year of such reassessment.</content> </paragraph> </subsection> <page identifier="/us/stat/88/1058">88 <inline class="smallCaps">Stat</inline>. 1058</page> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">To be eligible for incentive under this section, historic property must be property designated as an historic landmark and conform to the provisions of subpart E.</content> </subsection> </section> </subpart> <subpart> <num value="E"><inline class="smallCaps">subpart e</inline>—</num> <heading class="inline"><inline class="smallCaps">tax relief for certain historic properties</inline></heading> <section> <num value="432"><inline class="smallCaps">Sec</inline>. 432. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/652">D.C. Code 47–652.</ref></p></sidenote> <content class="inline">For certain officially designated historic property in the District, the Commissioner shall, in addition to assessing at full market value, assess land and improvement on the basis of current use and structures of the property, which latter assessment, if it is less than full market value, shall be the basis of tax liability to the District.</content> </section> <section> <num value="433"><inline class="smallCaps">Sec</inline>. 433. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/653">D.C. Code 47–653.</ref></p></sidenote> <content class="inline">To be eligible for historic property tax relief, real property must be historic property designated by the Joint Committee on Landmarks of the National Capital Planning Commission and the Commission on Fine Arts, and, in addition, must be approved by the Commissioner under sect ion 434.</content> </section> <section> <num value="434"><inline class="smallCaps">Sec</inline>. 434. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/654">D.C. Code 47–654.</ref></p></sidenote> <content class="inline">The Council may provide that the owners of properties which have been designated historic landmarks by the Joint Committee on Landmarks of the National Capital Planning Commission and the Commission of Fine Arts may enter into agreements with the government of the District of Columbia for periods of at least twenty years which will assure the continued maintenance of historic properties in return for property tax relief. Such a provision shall, as a condition for tax relief, require reasonable assurance that such property will be used and properly maintained and such other conditions as the Council finds to be necessary to encourage the preservation of historic property. The Council shall also provide for the recovery of back taxes, with interest, which would have been due and payable in the absence of the exemption, if the conditions for such exemption are not fulfilled.</content> </section> </subpart> <subpart> <num value="f"><inline class="smallCaps">subpart f</inline>—</num> <heading class="inline"><inline class="smallCaps">tax deferral</inline></heading> <section> <num value="435"><inline class="smallCaps">Sec</inline>. 435. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/655">D.C. Code 47–655.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">An eligible taxpayer may defer each year any real property tax owed in excess of 110 per centum of his immediately preceding year’s real property tax liability. To be eligible for such deferral the taxpayer must—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">have owned for at least five years the residential real property for which deferral is claimed;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">certify that the combined household adjusted gross income (for purposes of District income taxes) does not exceed $20,000 in one year;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">file a written request for deferral on a form prescribed by the Commissioner;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">certify that such residential real property is the principal place of residence of the taxpayer;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">certify that the zoning classification of such residential property has not changed in the immediately past fiscal year;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">certify that increases in the assessed valuation of such residential real property attributable to improvements which increase the intrinsic value of such residential real property are not included in the calculation of the increase in real property tax payable; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">certify that the assessment of such residential real property for the immediately previous fiscal year was not the result of an obvious arithmetical error.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Interest.</p></sidenote>(b) </num> <content class="inline">Taxes deferred under tills section shall bear interest compounded annually. The rate of interest which shall be applied in each year shall be the average Treasury bill rate for the preceding twelve months as certified by the Secretary of the Treasury to the Commissioner.</content> </subsection> <page identifier="/us/stat/88/1059">88 <inline class="smallCaps">Stat</inline>. 1059</page> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">No further deferrals of real property tax shall be granted a<sidenote><p class="firstIndent1 fontsize8">Limitation.</p></sidenote> taxpayer when his deferred tax plus interest equals more than 10 per centum of the current assessed value of his property.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">Taxes deferred under this section, together with all accumulated<sidenote><p class="firstIndent1 fontsize8">Preferential lien.</p></sidenote> interest, shall constitute a preferential lien upon the real property which shall be immediately payable by the seller, transferor, or conveyor whenever the real property is sold, refinanced, transferred, or conveyed in any manner, or whenever additional co-owners (other than spouse) are added to the real property.</content> </subsection> </section> <section> <num value="436"><inline class="smallCaps">Sec</inline>. 436. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Any owner of residential real property whose combined<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/656">D.C. Code 47–656.</ref></p></sidenote> household adjusted gross income is in excess of $20,000, and who meets the qualifications specified in clauses (1), (3), (4), (5), and (6) of subsection (a) of section 435, may defer the amount of real property tax attributable to an increase by more than 25 per centum in any one year over the assessment of the immediately previous fiscal year. For the purposes of this section and section 435, for the fiscal year 1975 the assessed value of all properties assessed at 55 per centum of estimated market value shall be the assessed value of the property divided by 0.55.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Taxes deferred under this section shall bear interest compounded<sidenote><p class="firstIndent1 fontsize8">Interest.</p></sidenote> annually. Notwithstanding any other provision of law, the rate of interest which shall be applied in each year is the average Treasury bill rate for the preceding twelve months as certified by the Secretary of the Treasury to the Commissioner.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">No further deferrals of real property tax shall be granted a<sidenote><p class="firstIndent1 fontsize8">Limitation.</p></sidenote> taxpayer when his deferred tax plus interest equals more than 10 per centum of the current assessed value of his property.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">Taxes deferred under this section, together with all accumulated<sidenote><p class="firstIndent1 fontsize8">Preferential lien.</p></sidenote> interest, shall constitute a preferential lien upon the property which shall be immediately payable by the seller, transferor, or conveyor whenever the property is sold, refinanced, transferred, or conveyed in any manner, or whenever additional co-owners (other than spouse) are added to the property.</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">The deferral provided in this section shall terminate June 30,<sidenote><p class="firstIndent1 fontsize8">Termination date.</p></sidenote> 1979 unless specifically extended by the Council.</content> </subsection> </section> </subpart> <subpart> <num value="g"><inline class="smallCaps">subpart g</inline>—</num> <heading class="inline"><inline class="smallCaps">disposal of tax delinquent property to encourage homeownership</inline></heading> <section> <num value="437"><inline class="smallCaps">Sec</inline>. 437. </num> <content class="inline">Notwithstanding any other provision of law, whenever<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/657">D.C. Code 47–657.</ref></p></sidenote> any real property in the District of Columbia has been, or shall hereafter be, offered for sale for nonpayment of taxes or assessments of any kind whatsoever, and shall have been bid off in the name of the District of Columbia, and two years or more have elapsed since, such property was bid off as aforesaid, and the same has not been redeemed as provided by law, the Commissioner of the District may enforce the lien of the District for taxes or other assessments on such real property by ordering that a deed in fee simple to such property be issued by the Commissioner of the District of Columbia to the District of Columbia, and up to the time of the issuance of the deed such property may be redeemed by the owner or other person having an interest therein by the payment of all taxes or assessments due the District of Columbia upon said property, and all legal penalties, interest and costs thereon, together with such other expenses and costs, including costs of publication, as may have been incurred by the District.</content> </section> <section> <num value="438"><inline class="smallCaps">Sec</inline>. 438. </num> <content class="inline">The Council is hereby authorized to establish a program<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/658">D.C. Code 47–658.</ref></p></sidenote> whereby title to properties acquired by tax sale pursuant to section <page identifier="/us/stat/88/1060">88 <inline class="smallCaps">Stat</inline>. 1060</page>437 may, for whatever sum it deems appropriate, be transferred to persons meeting criteria which shall be established by the Council, who guarantee to pay taxes on and to live in the property for at least five years, and who give assurance of bringing such property into reasonable compliance with the building code in the District.</content> </section> </subpart> </part> <part> <num value="3"><inline class="smallCaps">Part 3</inline>—</num> <heading class="inline"><inline class="smallCaps">Real and Personal Property Tax Exemptions</inline></heading> <section> <num value="441"><inline class="smallCaps">Sec</inline>. 441. </num><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/801a">D.C. Code 47–801a.</ref></p></sidenote> <content class="inline">The first section of the Act of December 24, 1942 (D.C. Code, sec. 47–801 (a)) is amended, on and after July 1, 1974, by adding at the end thereof the following: <quotedContent> <subsection class="firstIndent1"> <num value="s">“(s) </num> <content class="inline">Buildings owned by and actually occupied and used for legitimate theater, music, or dance purposes by a corporation which is not organized or operated for commercial purposes or for private gain, which buildings are open to the public, generally, and for admission to which charges may be made to cover the cost of expenses.”</content> </subsection> </quotedContent> </content> </section> <section> <num value="442"><inline class="smallCaps">Sec</inline>. 442. </num><sidenote><p class="firstIndent1 fontsize8">List of exempt property, publication.</p><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/801–1">D.C. Code 47–801–1.</ref></p></sidenote> <content class="inline">The Commissioner shall publish, by class and by individual property, a listing of all real property exempt from the real property tax in the District. Such listing shall include the address, lot, and square, the name of the owner, the assessed value of the land and improvements of such property, and the amount of the tax exemption in the previous fiscal year.</content> </section> </part> <part> <num value="4"><inline class="smallCaps">Part 4</inline>—</num> <heading class="inline"><inline class="smallCaps">Property Tax Credit for District of Columbia Residents</inline></heading> <section> <num value="451"><inline class="smallCaps">Sec</inline>. 451. </num><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/1567">D.C. Code 47–1567.</ref></p></sidenote> <content class="inline">Effective January 1, 1975, title VI of the District of Columbia Income and Franchise Act of 1947 is amended by adding at the end thereof the following new section: <quotedContent> <section> <num value="7">“<inline class="smallCaps">Sec</inline>. 7. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/1567g">D.C. Code 47–1567g.</ref></p></sidenote> <heading><inline class="smallCaps">Credit for Property Taxes Accrued and Payable by District of Columbia Residents</inline>.—</heading> <subsection class="firstIndent1"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">For purposes of providing relief to certain District of Columbia residents who own or rent their principal place of abode and who reside in same, a credit shall be allowed to the eligible claimant equal to the amount by which all or a portion of real property taxes the taxpayer pays, or rent paid constituting property taxes, on his principal place of residence for the taxable year, exceeds a percentage (determined under subsection (a) (2)) of his household gross income for that year.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The percentage required under paragraph (1) of this subsection to be determined under this subsection for taxpayers shall be the percentage specified in the following table: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td class="firstIndent-1" style="padding-left: 3em; text-align:left; vertical-align: bottom;">“If household gross income is:</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:left; vertical-align: bottom;">The percentage of property tax paid on the first $400 of property tax, or rent constituting property tax, which shall constitute credit is:</td> </tr> <tr> <td class="firstIndent-1" style="padding-left: 4em; text-align:left; vertical-align: top;" leaders="yes">Under $3,000</td> <td class="firstIndent-1" style="padding-left: 4em; text-align:left; vertical-align: bottom;">80 per centum of tax in excess of 2 per centum of income.</td> </tr> <tr> <td class="firstIndent-1" style="padding-left: 4em; text-align:left; vertical-align: top;" leaders="yes">$3,000 to $4,909</td> <td class="firstIndent-1" style="padding-left: 4em; text-align:left; vertical-align: bottom;">70 per centum of tax in excess of 3 per centum of income.</td> </tr> <tr> <td class="firstIndent-1" style="padding-left: 4em; text-align:left; vertical-align: top;" leaders="yes">$5,000 to $6,999</td> <td class="firstIndent-1" style="padding-left: 4em; text-align:left; vertical-align: bottom;">60 per centum of tax in excess of 4 per centum of Income.</td> </tr> </tbody> </table> </content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <heading><inline class="smallCaps">Definitions</inline>.—</heading> <chapeau class="inline">For purposes of this section:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">The term ‘household gross income’ means gains, profits, and income derived from salaries, wages, or compensation for personal services of whatever kind and in whatever form paid, including salaries, wages, and compensation paid by the United States to its officers and employees, or income, derived from any trade or business or sales or dealings in property, whether real or personal, including capital assets as defined in this article growing out of the ownership or sale of or interest in such property; income from rent, royalties, <page identifier="/us/stat/88/1061">88 <inline class="smallCaps">Stat</inline>. 1061</page>interest, dividends, securities, or transactions of any trade or business carried on for gain or profit, or gains or profits and income derived from any source whatever, including but not limited to alimony, and separate maintenance payments (including amounts received under separate maintenance agreements), strike benefits, cash public assistance and relief (not including relief or credit granted under this section), sick pay, workmen’s compensation, proceeds of life insurance policies, the gross amount of any pension or annuity (including railroad retirement benefits, veterans’ disability pensions, or payment received under the Federal Social Security Act), State or District of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305.</ref></p></sidenote> Columbia unemployment compensation laws, and nontaxable interest received from the United States, a State or any agency or instrumentality thereof. The word ‘income’ does not include gifts from nongovernmental sources, food stamps, or food or other relief in kind supplied by a governmental agency.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">In determining household gross income the exclusions from gross income as provided by subsection (b) of section 2 of title III of this article shall not apply.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/1557a">D.C. Code 47“1557a.</ref></p></sidenote></content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The term ‘household income’ shall have the same meaning as the words ‘adjusted gross income’ are defined in subsection (c) of section 2 of title III of this article. For purposes of determining adjusted gross income within the meaning of this section, gross income shall mean household income as defined in this section.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The term ‘home’ means the claimant’s dwelling house, whether owned or rented by the claimant, and so much of the land surrounding it as is reasonably necessary for use of the dwelling as a home, and may include a multiunit building or a multipurpose building and a part of the land upon which it is located.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">The term ‘claimant’ means a person who has filed a claim under this section, was an owner of record of a home in the District, or a lessee, tenant at will or tenant at sufferance paying rent on a home in the District, during the entire calendar year preceding the year in which he files a claim for relief under this section. Only one claimant per home and per household per year shall be entitled to relief under this section.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">The, term ‘rent constituting property taxes accrued’ means 15 per centum of the rent actually paid by a claimant in cash or its equivalent in the calendar year 1975 or any subsequent calendar year solely for the right to occupy his District home in such calendar year, and which rent constitutes the basis in the succeeding calendar year for the claim for relief made by the claimant under this section, exclusive of amounts which are paid as rent or other consideration for the providing by the landlord of furniture or furnishings of any kind, and exclusive of amounts included in the rent for utilities. Whenever the amount of rent includes charges for the providing by the landlord of furniture or furnishings or charges for utilities, and the charges therefor are not separately stated, then there shall be deducted from the rent as the charge for such furniture or furnishings 20 per centum of the rent, and for utilities 10 per centum of the rent, and the balance shall be deemed to be the amount paid by the claimant solely for the right to occupy his District home for the purposes of the credit allowed under this section.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">In the event that any installment of rent for a calendar year for which a claim is filed is paid prior to the beginning of or subsequent to the end of such calendar year, it shall be included as rent for the year for which the claim was made and for no other year, <page identifier="/us/stat/88/1062">88 <inline class="smallCaps">Stat</inline>. 1062</page>and shall not be included as rent for purposes of this section for the year in which the installment was paid.</content> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">If the Commissioner determines that the rent paid was not the result of an agreement entered into at arm’s length between the tenant and his landlord, the Commissioner may adjust the rent to a reasonable amount for the purposes of this section.</content> </subsection> <subsection class="firstIndent1"> <num value="e">“(e)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Beginning with the calendar year 1975 and for each succeeding calendar year, if a claimant owns and occupies his home in the District on July 1 of any such year, ‘property taxes accrued’ means property taxes (exclusive of special assessments, interest on a delinquency in payment of tax, and any penalties and service charges) assessed and paid to date against such home commencing January 1, 1975, and for succeeding years. If a home is an integral part of a larger unit such as a multipurpose building or a multidwelling building, property taxes accrued shall be that percentage of the total property taxes accrued as the value of the home bears to the total value of the property.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">When a claimant rents two or more different homes in the District in the same calendar year, rent paid by the claimant during that year shall be determined by dividing the rent paid pursuant to the last rental agreement in force during that calendar year by the number of months during that calendar year for which this rent was paid and multiplying the result by twelve.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="f"><sidenote><p class="firstIndent1 fontsize8">Claims.</p></sidenote>“(f) </num> <content class="inline">The right to file under this section shall be personal to the claimant, but such right may be exercised by his legal guardian or attorney-in-fact. The right to file a claim shall not survive the death of a claimant. If a claimant dies after having filed a claim, any amount refunded as a result thereof shall be disbursed to his estate: <proviso><i>Provided</i>, That if no executor or administrator qualifies therein within two years of the filing of the claim, or no petition for distribution of a small estate is filed pursuant to the first section of the Act of September 14, 1965 (D.C. Code, secs. 20–2101 and 20–2102), the claim shall not be allowed.</proviso></content> </subsection> <subsection class="firstIndent1"> <num value="g">“(g) </num> <content class="inline">Subject to the limitations provided in this section, commencing with the taxable year beginning after December 31, 1974, and for succeeding taxable years, the claimant may claim as a credit against the District income taxes otherwise due on his income, property taxes accrued or rent constituting property taxes accrued for that year. If the allowable amount of such claim exceeds the income taxes otherwise due from the claimant, or other tax liabilities of the claimant to the District, or if there are no District income taxes due from the claimant, the amount of the claim not used as an offset against income taxes or other tax liabilities of the claimant to the District shall be paid or credited to the claimant. No interest shall be allowed on any payment made to a claimant pursuant to this section.</content> </subsection> <subsection class="firstIndent1"> <num value="h">“(h) </num> <content class="inline">No claim with respect to property taxes accrued or with respect to rent constituting property taxes accrued shall be allowed unless a District of Columbia individual income tax return or (if the claimant is not required to file such return) a claim for credit under this section is filed with the District on the forms and in such manner and with such information as the Commissioner may prescribe. Any claim for credit shall be filed on or before the time prescribed for the <sidenote><p class="firstIndent1 fontsize8">Time extensions.</p></sidenote>filing of a return of individual income under this article. The Commissioner may grant a reasonable extension of time, not to exceed six months, for the filing of a return or claim for credit under this section whenever in his judgment good cause exists therefor.</content> </subsection> <page identifier="/us/stat/88/1063">88 <inline class="smallCaps">Stat</inline>. 1063</page> <subsection class="firstIndent1"> <num value="i">“(i) </num> <content class="inline">The amount of any claim otherwise payable under this section may be applied by the District against any outstanding tax liability of the claimant to the District.</content> </subsection> <subsection class="firstIndent1"> <num value="j">“(j)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">In determining eligibility for the credit allowable under<sidenote><p class="firstIndent1 fontsize8">Eligibility.</p></sidenote> this section, and for the purpose of determining outstanding tax liability (if any ) of the claimant to the District household income for which the claim is filed and the claimant’s outstanding tax liability (if any) shall be determined on the basis of the condoned household income of all members present in the household, except there shall be excluded from the computation of gross household income the first $1,000 earned by a dependent.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">In the case of husband and wife, who during the entire calendar year for which a claim is filed under this section, maintain separate homes, for the purpose of determining household income and the claimant’s outstanding tax liability (if any), such husband and wife shall be deemed to have been unmarried during the calendar year for which the claim is made.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="k">“(k) </num> <content class="inline">No credit shall be allowed under this title for any year during which the person claiming the credit was a dependent, under any State. Federal, or District law levying a tax on income, unless during that year such person is or becomes sixty-five veal’s of age or older.</content> </subsection> <subsection class="firstIndent1"> <num value="l">“(l) </num> <content class="inline">In the case of persons whose incomes vary substantially from<sidenote><p class="firstIndent1 fontsize8">Income averaging, regulations.</p></sidenote> year to year, the District of Columbia Council shall adopt regulations concerning income averaging for purposes of calculating benefits.</content> </subsection> <subsection class="firstIndent1"> <num value="m">“(m) </num> <content class="inline">Each owner of a rental unit or his authorized agent shall, when requested in wilting, furnish to the tenant making such written request a statement indicating the amount of rent paid by the tenant during the calendar year solely for the right of occupancy of the leased premises. Requests shall be made under this paragraph only by those persons entitled to file a claim under this section or who at the time of the making of the request deem themselves entitled to file a claim for credit under this section.</content> </subsection> <subsection class="firstIndent1"> <num value="n">“(n)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">If, on an audit of any claim filed under this section, the Commissioner finds the amount to have been incorrectly computed, he shall determine the correct amount and notify the claimant in accordance with the procedures set forth in section 5 of title XII of this article.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/1586d">D.C Code 47–1586d.</ref></p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">If it is determined that a claim was filed with fraudulent intent, it shall be disallowed in full. If the claim has been paid or a credit has been allowed against income taxes otherwise payable, the credit shall be canceled and the amount paid shall be assessed against the claimant and recovered in the same manner as provided for the collection of taxes under section 1601 of title XVI of the Act of May 18, 1954 (D.C. Code, sec. 47–312).</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="o">“(o) </num> <content class="inline">No claim for relief under this section shall be allowed to any person who was not living in a home which was subject to District of Columbia real property taxation during the calendar year for which the claim is filed.</content> </subsection> <subsection class="firstIndent1"> <num value="p">“(p) </num> <content class="inline">Notwithstanding any other provision of law to the contrary, any person aggrieved by the denial in whole or in part of a claim for the credit authorized by this section, or an assessment of tax made pursuant to paragraph (1) of this section, may appeal the denial within six months after notice of the denial of the claim or within six months after notice of assessment, to the Board which shall consider such appeal as a contested case under section 10 of the District of Columbia Administrative Procedure Act (D.C. Code,, sec. 1–1509). In <page identifier="/us/stat/88/1064">88 <inline class="smallCaps">Stat</inline>. 1064</page>the case of an assessment of tax, the mailing to the claimant of a statement of taxes due shall be considered notice of assessment with respect to such taxes.</content> </subsection> <subsection class="firstIndent1"> <num value="q">“(q) </num> <content class="inline">The Commissioner is authorized to provide a table which will approximate, as closely as feasible, the amount of relief allowable under this section.</content> </subsection> <subsection class="firstIndent1"> <num value="r">“(r) </num> <content class="inline">If it is determined by the District that a claimant received title to his home in the District or became legally obligated to pay rent for his home in the District primarily for the purpose of receiving benefits under the provisions of this section, his claim shall be disallowed.</content> </subsection> <subsection class="firstIndent1"> <num value="s">“(s) </num> <content class="inline">The District of Columbia Council is empowered to make such changes in the amount of annual relief provided under section 7(a) of this title as it may deem proper.”.</content> </subsection> </section> </quotedContent> </content> </section> </part> <part> <num value="5"><inline class="smallCaps">Part 5</inline>—</num> <heading class="inline"><inline class="smallCaps">District of Columbia Property Tax Kate</inline>.</heading> <section> <num value="461"><inline class="smallCaps">Sec</inline>. 461. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/632">D.C. Code 47–632 note.</ref></p></sidenote> <content class="inline">Notwithstanding any other provision of law the property tax rate for the District of Columbia for fiscal year 1975 shall be set by the Council at such an amount to yield at least $146 million in fiscal year 1975; except that such amount may be reduced by any amount raised by the Council pursuant to delegation of authority contained in section 471 of this Act, or by any revenue obtained pursuant to any other provision of law, or by any amount raised by reprogramming or reallocation of the fiscal year 1975 budget.</content> </section> </part> <part> <num value="6"><inline class="smallCaps">Part 6</inline>—</num> <heading class="inline"><inline class="smallCaps">Delegation of General Taxing Authority; Amendments to District Sales Tax Act and Miscellaneous</inline></heading> <section> <num value="471"><inline class="smallCaps">Sec</inline>. 471. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/504">D.C. Code 47–504.</ref></p></sidenote> <chapeau class="inline">In order to provide for additional revenue to meet additional expenditures resulting from a compensation increase adopted for persons paid under the District of Columbia Teachers’ Salary Act of <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1042.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/">5 USC app.</ref></p></sidenote>1955, policemen, and firemen, the Council, in accordance with section 406 of Reorganization Plan Numbered 3 of 1967, is authorized to change the rate of the taxes imposed under—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the District of Columbia Income and Franchise Tax Act <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/1551">D.C. Code 47–1551 note.</ref></p><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/2601">D.C. Code 47–2601 note.</ref></p><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/2701">D.C. Code 47–2701.</ref></p><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/2801">D.C. Code 47–2801 note.</ref></p><p class="firstIndent1 fontsize8"><ref href="/us/dc/25/101">D.C. Code 25–101.</ref></p><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/1901">D.C. Code 47–1901.</ref></p><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/1601">D.C. Code 47–1601.</ref></p></sidenote>of 1947,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the District of Columbia Sales Tax Act,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the District of Columbia Use Tax Act,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the District of Columbia Cigarette Tax Act, the District of Columbia Alcoholic Beverage Control Act, the Act of April 23, 1924 (relating to motor vehicle fuel tax),</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">title V of the District of Columbia Revenue Act of 1937 and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">(8) </num> <content class="inline">any other Act of Congress imposing a tax solely in the District of Columbia.</content> </paragraph> </section> <section> <num value="472"><inline class="smallCaps">Sec</inline>. 472. </num><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/504">D.C. Code 47–504 note.</ref></p></sidenote> <content class="inline">Section 471 shall take effect on the date of enactment of this Act.</content> </section> <section> <num value="473"><inline class="smallCaps">Sec</inline>. 473. </num> <content class="inline">Section 114(a) (8) of the District of Columbia Sales Tax Act (D.C. Code, sec. 47–2601 (a) (8)) is amended to read as follows: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="8">“(8) </num> <content class="inline">The sale of or charges for admission to public events, except live performances of ballet, dance, or choral performances, concerts (instrumental and vocal), plays (with and without music), operas and readings and exhibitions of paintings, sculpture, photography, graphic and craft arts, but including movies, circuses, burlesque shows, sporting events, and performances or exhibitions of any other type or <page identifier="/us/stat/88/1065">88 <inline class="smallCaps">Stat</inline>. 1065</page>nature: <proviso><i>Provided</i>, That any casual or isolated sale of or charge for admission made by a semipublic institution not regularly engaged in asking such sales or charges shall not be considered a retail sale or sale at retail.</proviso>”</content> </paragraph> </quotedContent> </content> </section> <section> <num value="474"><inline class="smallCaps">Sec</inline>. 474. </num> <chapeau class="inline">The following Acts or parts of Acts are repealed effective<sidenote><p class="firstIndent1 fontsize8">Repeals.</p></sidenote> June 30, 1975:</chapeau> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">Title XV of the District of Columbia Public Works Act of 1954 (D.C. Code, sec. 47–501a.).</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The fourth and fifth paragraphs under the heading “General Expenses” of the Act of March 3, 1881 (D.C. Code, sec. 47–601).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/301">D.C. Code 47–301.</ref></p></sidenote></content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The fifth paragraph under the paragraph headed “Militia” of the Act of July 7, 1898 (D.C. Code, sec. 47–602).</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">Section 11 of the Act of June 25, 1938 (D.C. Code, sec. 47–603).</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">The first paragraph of section 5 (D.C. Code, sec. 47–713), and the second unnumbered paragraph of section 6 (D.C. Code, sec. 47–605), of the Act of July 1, 1902.</content> </subsection> <subsection class="firstIndent1"> <num value="f">(f) </num> <content class="inline">The first section, and sections 2, 3, 4, 6, 7, and 8 of the Act of August 14, 1894 (D.C. Code, secs. 47–604. 701, 702, 704, 707).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/705/706">D.C. Code 47–705, 706.</ref></p></sidenote></content> </subsection> <subsection class="firstIndent1"> <num value="g">(g) </num> <content class="inline">The first five sentences, and the last two sentences, of section 5(a) of the Act of August 17, 1937 (D.C. Code, secs. 47–708—47–709).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/2405">D.C. Code 47–2405.</ref></p></sidenote></content> </subsection> <subsection class="firstIndent1"> <num value="h">(h) </num> <content class="inline">Section 5 of the Act of March 3, 1883 (D.C. Code, sec. 47–703).</content> </subsection> </section> <section> <num value="475"><inline class="smallCaps">Sec</inline>. 475. </num> <content class="inline">Except as specifically provided in this title, nothing in<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/621">D.C. Code 47–621 note.</ref></p></sidenote> this title, or any amendments made by this Act, shall be construed so as to affect the authority vested in the Commissioner of the District of Columbia or the authority vested in the District of Columbia Council by Reorganization Plan Numbered 3 of 1967. The performance<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/">5 USC app.</ref></p></sidenote> of any function vested by this title in the Commissioner of the District of Columbia or in any office or agency under his jurisdiction and control, or in the District of Columbia Council, may be delegated by the Commissioner or by the Council, as the case may be, in accordance with the provisions of such plan.</content> </section> <section> <num value="476"><inline class="smallCaps">Sec</inline>. 476. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The repeal or amendment by this title of any provision<sidenote><p class="firstIndent1 fontsize8">Savings provision.</p><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/621">D.C. Code 47–621 note.</ref></p></sidenote> of law shall not affect any act done or any right accrued or accruing under such provision of law before the effective date of this title or any suit or proceeding had or commenced before the effective date of this title, but all such rights and liabilities under such law shall continue, and may be enforced in the same manner and to the same extent, as if such repeal or amendment had not been made.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">All offenses committed, and all penalties incurred, prior to the effective date of this title, under any provision of law hereby repealed or amended, may be prosecuted and punished in the same manner and with the same effect as if this title had not been enacted.</content> </subsection> </section> <section> <num value="477"><inline class="smallCaps">Sec</inline>. 477. </num> <content class="inline">Except as specifically provided in this Act, or in other<sidenote><p class="firstIndent1 fontsize8">Regulations.</p><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/661">D.C. Code 47–661.</ref></p></sidenote> provisions of law applicable to the District of Columbia, the Council may by regulation establish penalties for violations of any provision of this title, including any regulation issued pursuant to this title. Such penalties may not exceed imprisonment for longer than one year,<sidenote><p class="firstIndent1 fontsize8">Penalties.</p></sidenote> or a fine not to exceed $10,000, or both, for each offense.</content> </section> <section> <num value="478"><inline class="smallCaps">Sec</inline>. 478. </num> <content class="inline">Except as specifically provided in this title, the provisions<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/621">D.C. Code 47–621 note.</ref></p></sidenote> of this title shall take effect on the date of enactment of this title, except that Part 1 and subparts A through G of Part 2 shall apply beginning with the fiscal year beginning July 1, 1975.</content> </section> </part> 88 Stat. 1066 <num value="V">TITLE V—</num> <heading class="inline">POWERS OF THE COUNCIL</heading> <section> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/47/621">D.C. Code 47–621 note.</ref></p></sidenote> <content class="inline">Notwithstanding any other provision of law, or any rule of law, nothing in this Act shall be construed as limiting the authority of the Council of the District Columbia to enact any act, resolution, or regulation, after January 2, 1975, pursuant to the District of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/1/121">D.C. Code 1–121 note.</ref></p></sidenote>Columbia Self-Government and Governmental Reorganization Act with respect to any matter covered by this Act.</content> </section> Approved September 3, 1974.
Public Law 93–408: To amend the Youth Conservation Corps Act of 1972 (Public Law 92–597, 86 Stat. 1319) to expand and make permanent the Youth Conservation Corps, and for other purposes. Public Law408 Public Law 93–408 [88 Stat. 1066] 1974-09-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–408
AN ACT To amend the Youth Conservation Corps Act of 1972 (Public Law 92–597, 86 Stat. 1319) to expand and make permanent the Youth Conservation Corps, and for other purposes.

September 3, 1974

[S. 1871]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Youth Conservation Corps Act of 1970, amendment.

42 USC prec. 2711 note.
That the Act of August 13, 1970 (84 Stat. 794) is amended to lead as follows:
“policy and purpose “Section 1.

16 USC 1701.

 The Congress finds that the Youth Conservation Corps has demonstrated a high degree of success as a pilot program wherein American youth, representing all segments of society, have benefited by gainful employment in the healthful outdoor atmosphere of the national park system, the national forest system, other public land and water areas of the United States and by their employment have developed, enhanced, and maintained the natural resources of the United States, and whereas in so doing the youth have gained an understanding and appreciation of the Nation’s environment and heritage equal to one full academic year of study, it is accordingly the purpose of this Act to expand and make permanent the Youth Conservation Corps and thereby further the development and maintenance of the natural resources by America’s youth, and in so doing to prepare them for the ultimate responsibility of maintaining and managing these resources for the American people.
“youth conservation corps “Sec. 2.

16 USC 1702.

 (a) To carry out the purposes of this Act, there is established in the Department of the Interior and the Department of Agriculture a Youth Conservation Corps (hereinafter referred to as the ‘Corps’).

Participants.

The Corps shall consist of young men and women who are permanent residents of the United States, its territories, possessions, trust territories, or Commonwealth of Puerto Rico who have attained age fifteen but have not attained age nineteen, and whom the Secretary of the Interior or the Secretary of Agriculture may employ without regard to the civil service or classification laws, rules, or regulations, for the purpose of developing, preserving, or maintaining the lands and waters of the United States.

Equal opportunity and employment, term.

“(b) The Corps shall be open to youth from all parts of the country of both sexes and youth of all social, economic, and racial classifications with ail Corps members receiving compensation consistent with work accomplished, and with no person being employed as a member of the Corps for a term in excess of ninety days during any single year.
88 Stat. 1067
“secretarial duties and functions “Sec. 3. (a) In carrying out this Act, the Secretary of the Interior

16 USC 1703.

 and the Secretary of Agriculture shall— “(1) determine the areas under their administrative jurisdictions which are appropriate for carrying out the programs using employees of the Corps; “(2) determine with other Federal agencies the areas under the administrative jurisdiction of these agencies which are appropriate for carrying out programs using members of the Corps, and determine and select appropriate work and education programs and projects for participation by members of the Corps; “(3) determine the rates of pay, hours, and other conditions of employment in the Corps, except that all members of the Corps shall not be deemed to be Federal employees other than for the purpose of chapter 171 of title 28, United States Code, and chapter

28 USC 2671.

 81 of title 5, United States Code.

5 USC 8101.

 “(4) provide for such transportation, lodging, subsistence, and other services and equipment as they may deem necessary or appropriate for the needs of members of the Corps in their duties: “(5) promulgate regulation to insure the safety, health, and

Regulations.

 welfare of the Corps members; and “(6) provide to the extent possible, that permanent or semi-permanent

Facilities, availability to educational institutions.

 facilities used as Corps camps be made available to local schools, school districts, State, junior colleges and universities, and other education institutions for use as environmental/ecological education camps during periods of nonuse by the Corps program. Costs for operations maintenance, and staffing of Corps camp facilities during periods of use by non-Corps programs as well as any liability for personal injury or property damage stemming from such use shall be the responsibility of the entity or organization using the facility and shall not be a responsibility of the Secretaries or the Corps. “(b) Existing but unoccupied Federal facilities and surplus or

Unoccupied Federal facilities and surplus equipment, use.

 unused equipment (or both), of all types including military facilities mid equipment, shall be utilized for the purposes of the Corps, where appropriate and with the approval of the Federal agency involved. To minimize transportation costs, Corps members shall be employed on conservation projects as near to their places of residence as is feasible. “(c) The Secretary of the Interior and the. Secretary of Agriculture

Contract authority.

 may contract with any public agency or organization or any private nonprofit agency or organization which has been in existence for at least five years for the operation of any Youth Conservation Corps project.
“grant program tor state projects “Sec. 4. (a) The Secretary of the Interior and the Secretary of

16 USC 1704.

 Agriculture shall jointly establish a program under which grants shall be made to States to assist, them in meeting the cost of projects for the employment of young men and women to develop, preserve, and maintain non-Federal public lands and waters within the States. For purposes of this section, the term ‘States’ includes the District of

“States”

 Columbia, the Commonwealth of Puerto Rico, the Virgin Islands. Guam, the Trust Territory of the Pacific Islands, and American Samoa. 88 Stat. 1068

Application requirements.

“(b) (1) No grant may be made under this section unless an application therefor has been submitted to, and approved by, the Secretary of the Interior and the Secretary of Agriculture;. Such application shall be in such form, and submitted in such manner, as the Secretaries shall jointly by regulation prescribe, and shall contain— “(A) assurances satisfactory to the Secretaries that individuals employed under the project for which the application is submitted shall (i) have attained the age of fifteen but not attained the age of nineteen, (ii) be permanent residents of the United States or its territories, possessions, or the Trust Territory of the Pacific Islands, (iii) be employed without regard to the personnel laws, rules, and regulations applicable to full-time employees of the applicant, (iv) be employed for a period of not more than ninety days in any calendar year, and (v) be employed without regard to their sex or social, economic, or racial classification; and “(B) such other information as the Secretaries may jointly by regulation prescribe. “(2) The Secretaries may approve applications which they determine (A) to meet the requirements of paragraph (1), and (B) are for projects which will further the development, preservation, or maintenance of non-Federal public lands or waters within the jurisdiction of the applicant.

Limitation.

“(c) (1) The amount of any grant under this section shall be determined jointly by the Secretaries, except that no grant for any project may exceed 80 per centum of the cost (as determined by the Secretaries) of such project.

Payments.

“(2) Payments under grants under this section may be made in advance or by way of reimbursement and at such intervals and on such conditions as the Secretaries find necessary. “(d) Thirty per centum of the sums appropriated under section 6 for any fiscal year shall be made available for grants under this section for such fiscal year.
“secretarial reports “Sec. 5.

Joint report to President and Congress.

16 USC 1705.

 The Secretary of the Interior and Secretary of Agriculture shall annually prepare a joint report detailing the activities carried out under this Act and providing recommendations. Each report for a program year shall be submitted concurrently to the President and the Congress not later than April 1 following the close of that program year.
“authorization of appropriations “Sec. 6.

16 USC 1706.

 There are authorized to be appropriated amounts not to exceed $60,000,000 for each fiscal year, which amounts shall be made available to the Secretary of the Interior and the Secretary of Agriculture to carry out the purposes of this Act. Notwithstanding any other provision of law, funds appropriated for any fiscal year to carry out this Act shall remain available for obligation and expenditure until the end of the fiscal year following the fiscal year for which appropriated.”.
Approved September 3, 1974.
Public Law 93–409: To provide for the early development and commercial demonstration of the technology of solar heating and combined solar heating and cooling systems Public Law409 Public Law 93–409 [88 Stat. 1069] 1974-09-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 1069 Public Law 93–409
AN ACT To provide for the early development and commercial demonstration of the technology of solar heating and combined solar heating and cooling systems

September 3, 1974

[H. R. 11864]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Solar Heating and Cooling Demonstration Act of 1974.

42 USC 5501 note.

 be cited as the “Solar Heating and Cooling Demonstration Act of 1974”.
findings and policy Sec. 2. (a) The Congress hereby finds that—

42 USC 5501.

 (1) the current imbalance between supply and demand for fuels and energy is likely to persist for some time; (2) the early demonstration of the feasibility of using solar energy for the heating and cooling of buildings could help to relieve the demand upon present fuel and energy supplies; (3) the technologies for solar heating are cl use to the point of commercial application in the United States; (4) the technologies for combined solar heating and cooling still require research, development, testing and demonstration, but no insoluble technical problem is now foreseen in achieving commercial use of such technologies; (5) the early development and export of viable solar heating equipment and combined solar heating and cooling equipment, consistent with the established preeminence of the United States in the field of high technology products, can make a valuable contribution to our balance of trade; (6) the widespread use of solar energy in place of conventional methods for the heating and cooling of buildings would have a significantly beneficial effect upon the environment; (7) the, mass production and use of solar’ heating and cooling equipment will help to eliminate the dependence of the United States upon foreign energy sources and promote the national defense; (8) the widespread introduction of low-cost solar energy will be beneficial to consumers in a period of rapidly rising fried cost; (9) innovation and creativity in the development of solar heating and combined solar heating and cooling components and systems can be fostered through encouraging direct contact between the manufacturers of such systems and the architects, engineers, developers, contractors, and other persons interested in installing such systems in buildings: (10) evaluation of the performance arid reliability of solar heating and combined solar heating and cooling technologies can be expedited by testing under carefully controlled conditions; and (11) commercial application of solar heating and combined solar heating and cooling technologies can be expedited by early commercial demonstration under practical conditions. (b) It is therefore declared to be the policy of the United States and the purpose of this Act to provide for the demonstration within a three-year period of the practical use of solar heating technology, and to provide for the development and demonstration within a five-year period of the practical use of combined heating and cooling technology.
88 Stat. 1070
definitions Sec. 3.

42 USC 55O2.

 For purposes of this Act— (1) the term “solar heating”, with respect to any building, means the use of solar energy to meet such portion of the total heating needs of such building (including hot water), or such portion of the needs of such building for hot water (where its remaining heating needs are met by other methods), as may be required under performance criteria prescribed by the Secretary of Housing and Urban Development utilizing the services of the Director of the National Bureau of Standards, and in consultation with the Director of the National Science Foundation, and the Administrator of the National Aeronautics and Space Administration; (2) the terms “solar heating and cooling” and “combined solar heating and cooling”, with respect to any building, mean the use of solar energy to provide both such portion of the total heating needs of such building (including hot water) and such portion or the total cooling needs of such building, or such portion of the needs of such building for hot water (where its remaining heating needs are met by other methods) and such portion of the total cooling needs of a building, as may be required under performance criteria prescribed by the Secretary of Housing and Urban Development utilizing the services of the Director of the National Bureau of Standards, and in consultation with the Director of the National Science Foundation, and the Administrator of the National Aeronautics and Space Administration, and such term includes cooling by means of nocturnal heat radiation, by evaporation, or by other methods of meeting peakload energy requirements at nonpeakload times; (3) the term “residential dwellings” includes previously occupied and new single family and multifamily dwellings, mobile homes, and publicly assisted housing owned by a private sponsor or a State or local housing authority not covered by section 17; (4) the term “Administrator” means the Administrator of the National Aeronautics and Space Administration; (5) the term “Secretary” means the Secretary of Housing and Urban Development; and (6) the term “Director” means the Director of the National Science Foundation.
conduct of activities in solar heating and cooling technologies by national aeronautics and space administration Sec. 4. Section 203 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2473) is amended by redesignating subsection (b) as subsection (c), and by inserting immediately after subsection (a) the following new subsection: “(b) The Administration shall initiate, support, and carry out such research, development, demonstrations, and other related activities in solar heating and cooling technologies (to the extent that funds are appropriated therefor) as are provided for in sections 5.6, and 9 of the Solar Heating and Cooling Demonstration Act of 1974.”.
development and demonstration of solar heating systems to be used in residential dwellings Sec. 5.

42 USC 3503.

 (a) The Administrator and the Secretary shall promptly initiate and carry out a program, as provided in this section, for the development and demonstration of solar heating systems (including 88 Stat. 1071collectors, controls, and thermal storage) for use in residential dwellings. (b) (1) Within 120 days after the date of the enactment of this Act,

Performance criteria, publication.

 the Secretary, utilizing the services of the Director of the National Bureau of Standards and in consultation with the Administrator and the Director, shall determine, prescribe, and publish— (A) interim performance criteria for solar heating components and systems to be used in residential dwellings, and (B) interim performance criteria (relating to suitability for solar heating) for such dwellings themselves, taking into account in each instance climatic variations existing between different geographic areas. (2) As soon as possible after the publication of the performance

Design selection.

 criteria prescribed under paragraph (1), the Secretary, in consultation with the Director of the National Bureau of Standards and the Administrator, will select on the basis of open competition a number of designs for various types of residential dwellings suitable for and adapted to the installation of solar heating systems meeting the performance criteria prescribed under paragraph ( 1 ) ( A). (c) The Administrator, in accordance with the applicable provisions

Contracts and grants.

42 USC 2471 et seq.

 of title II of the National Aeronautics and Space Act of 1958 and under program guidelines established jointly by the Administrator and the Secretary, shall, after consultation with the Secretary— (1) enter into such contracts and grants as may be necessary or appropriate for the development (for commercial production and residential use) of solar heating systems meeting the performance criteria prescribed under subsection (b)(1)(A) (including any further planning and design which may be required to conform with the specifications set forth in such criteria); and (2) enter into contracts with a number of persons or firms for the procurement of solar heating components and systems meeting such performance criteria (including adequate numbers of spare and replacement parts for such systems). (d) The Secretary shall (1) arrange for the installation of solar

Installation and monitoring.

 heating systems procured by the Administrator under subsection (c) (2) in a substantial number of residential dwellings and (2) provide for the satisfactory operation of such installations during the demonstration period. Title to and ownership of any dwellings constructed hereunder and of solar heating systems installed hereunder may be conveyed to purchasers or owners of such dwellings under terms and conditions prescribed by the Secretary, including an express agreement that any such purchaser or owner shall, in such manner and form and on such terms and conditions as the Secretary may prescribe, observe and monitor (or permit the Secretary to observe and monitor) the performance and operation of such system for a period of five years, and that such purchaser or owner (including any subsequent owner and occupant of the property who also makes such an agreement) shall regularly furnish the Secretary with such reports thereon as the agreement may require. (e) The Secretary of Defense shall arrange for the installation of

Federal property installations.

 solar heating systems procured by the Administrator under subsection (c) (2) in a substantial number of residential dwellings which are located on Federal or federally administered property where the performance and operation of such systems can be regularly and effectively observed and monitored by designated Federal personnel. (f) The Secretary and the Secretary of Defense, and officials responsible for administering Federal or federally administered property, shall coordinate their activities under this section to assure that solar heating systems are installed in a substantial number of resi-88 Stat. 1072dential dwellings and in a sufficient number of different geographic areas under varying climatic conditions to constitute a realistic and effective demonstration in support of the objectives of this Act.
development and demonstration of combined solar heating and cooling systems to be used in residential dwellings Sec. 6.

42 USC 5504.

 (a) The Administrator and the Secretary shall promptly initiate and carry out a program, as provided in this section, for the development and demonstration of combined solar heating and cooling systems (including collectors, controls, and thermal storage) for use in residential dwellings.

Performance criteria, publication.

(b) (1) As soon as possible after the date of the enactment of this Act, the Secretary, utilizing the services of the Director of the National Bureau of Standards and in consultation with the Administrator and the Director, shall determine, prescribe, and publish— (A) interim performance criteria for combined solar heating and cooling components and systems to be used in residential dwellings, and (B) interim performance criteria (relating to suitability for solar heating and cooling) for such dwellings themselves, taking into account in each instance climatic variations existing between different geographic areas.

Design selection.

(2) As soon as possible after the publication of the performance criteria prescribed under paragraph (1) (and if possible before the completion of the research and development provided for in subsection (c)), the Secretary, in consultation with the Director of the National Bureau of Standards and the Administrator, will select on the basis of open competition a number of designs for various types of residential dwellings suitable for and adapted to the installation of combined solar heating and cooling systems meeting the performance criteria prescribed under paragraph (1) (A).

Technological research and development.

(c) During the period immediately following the publication of performance criteria under subsection (b)(1), the Administrator, in coordination with the Director, shall undertake and conduct with respect to solar heating and cooling a program of research, development, and testing designed to provide the additional technological resources necessary for the development and commercial application of combined solar heating and cooling systems as contemplated by the program under this section.

Contracts and grants.

42 USC 2471 et seq.

(d) The Administrator, in accordance with the applicable provisions of title II of the National Aeronautics and Space Act of 1958 and under program guidelines established jointly by the Administrator and the Secretary, and at the earliest possible time during or immediately after the period specified in subsection (c), shall, after consultation with the Secretary— (1) enter into such contracts and grants as may be necessary or appropriate for the development (for commercial production and residential use) of combined solar heating and cooling systems meeting the performance criteria prescribed under subsection (b)(1)(A) (including any further planning and design which may be required to conform with the specifications set forth in such criteria or to reflect the results of the activities conducted under subsection (c)); and (2) enter into contracts with a number of persons or firms for the procurement of combined solar heating and cooling systems meeting such performance criteria (including adequate numbers of spare and replacement parts for such systems).

Installation and monitoring.

(e) The Secretary shall (1) arrange, for the installation of combined solar heating and cooling systems procured by the Administrator 88 Stat. 1073under subsection (d)(2) in a substantial number of residential dwellings and (2) provide for the satisfactory operation of such installations during the demonstration period. Title to and ownership of any dwellings constructed hereunder and of combined solar heating and cooling systems installed hereunder may be conveyed to purchasers or owners of such dwellings under terms and conditions prescribed by the Secretary, including an express agreement that any such purchaser or owner shall, in such manner and form and on such terms and conditions as the Secretary may prescribe, observe and monitor (or permit the Secretary to observe and monitor) the performance and operation of such system for a period of five year’s, and that such purchaser or owner (including any subsequent owner and occupant of the property who also makes such an agreement) shall regularly furnish the Secretary with such reports thereon as the agreement may require, (f) The Secretary of Defense shall arrange for the installation of

Federal property installations.

 combined solar heating and cooling systems procured by the Administrator under subsection (d) (2) in a substantial number of residential dwellings which are located on Federal or federally administered property where the performance and operation of such systems can be regularly and effectively observed and monitored by designated Federal personnel. (g) The Secretary and the Secretary of Defense, and officials responsible for administering Federal or federally administered property, shall coordinate their activities under this section to assure that combined solar heating and cooling systems are installed in a substantial number of residential dwellings and in a sufficient number of geographic areas under varying climatic conditions to constitute a realistic and effective demonstration in support of the objectives of this Act.
comprehensive program definition Sec. 7. (a) The Administrator and the Secretary are authorized and

42 USC 5505.

 directed to prepare a comprehensive plan for the conduct of the development and demonstration activities under sections 5 and 6. In the preparation of such plan, the Administrator and Secretary shall consult with the Director of the National Bureau of Standards, the Director, the Secretary of Defense, and other Federal agencies and private organizations as appropriate. (b) The Administrator and the Secretary shall transmit such comprehensive

Report to President and Congress.

 program plan to the President and to each House of the Congress. The plan shall be transmitted within 120 days after the date of the enactment of this Act.
test procedures and definitive performance criteria Sec. 8. As soon as feasible, and utilizing data available from the

42 USC 5506.

 demonstration programs under sections 5 and 6, the Secretary, utilizing the services of the Director of the National Bureau of Standards and in consultation with the Administrator and the Director shall

Publication in Federal Register.

 determine, prescribe, and publish in the Federal Register in accordance with the applicable provisions regarding rulemaking prescribed by section 553 of title 5, United States Code— (1) definitive performance criteria for solar heating and combined solar heating and cooling components and systems to be used in residential dwellings, taking into account climatic variations existing between different geographic areas; (2) definitive performance criteria (relating to suitability for solar heating and for combined solar heating and cooling) for 88 Stat. 1074such dwellings, taking into account climatic variations existing between different geographic areas; and (3) procedures whereby manufacturers of solar heating and combined solar heating and cooling components and systems shall have their products tested in order to provide certification that such products conform to the performance criteria established under paragraph (1).
development and demonstration of solar heating and combined solar heating and cooling systems for commercial buildings Sec. 9.

42 USC 5507.

 The Administrator, in consultation with the Secretary, the Director, the Administrator of General Services, and the Director of the National Bureau of Standards and concurrently with the conduct of the programs under sections 5 and 6, shall enter into arrangements with appropriate Federal agencies to carry out such projects and activities (including demonstration projects) with respect to apartment buildings, office buildings, factories, crop-drying facilities and other agricultural structures, public buildings (including schools and colleges), and other non-residential, commercial, or industrial buildings, taking into account the special needs of and individual differences in such buildings based upon size, function, and other relevant factors, as may be appropriate, for the early development and demonstration of solar heating and combined solar heating and cooling systems suitable and effective for use in such buildings.
solar heating and cooling research by national science foundation Sec. 10.

42 USC 5508.

 (a) The Director shall conduct a program of applied research relevant to (1) the improvement of solar heating components and systems and (2) the development and commercial application of combined solar heating and cooling components and systems as contemplated by the programs under this Act. (b) The Director shall apprise the Secretary and the Administrator on a continuing basis of the results of the programs being conducted in accordance with subsection (a), and the Secretary and the Administrator shall insure that such results, where appropriate, are incorporated into the development and demonstration programs established by this Act.
coordination, monitoring, and liaison Sec. 11.

42 USC 5509.

 (a) The Secretary, utilizing the services of the Director of the National Bureau of Standards and in coordination with such other Government agencies as may be appropriate, shall— (1) monitor the performance and operation of solar heating and combined solar heating and cooling systems installed in residential dwellings under this Act; (2) collect and evaluate data and information on the performance and operation of solar heating and combined solar heating and cooling systems installed in residential dwellings under this Act; and (3) from time to time, carrying out such studies and investigations

Reports to Congress.

and take such other actions, including the submission of special reports to the Congress when appropriate, as may be necessary to assure that the programs for which the Secretary is responsible under this Act effectively carry out the policy of this Act. (b) In the development of the performance criteria and test procedures required under sections 5, 6, and 8, the Secretary shall work 88 Stat. 1075closely with the appropriate scientific, technical, and professional societies and industry representatives to insure the best possible use of available expertise in this area. (c) The Secretary shall also maintain continuing liaison with the building industry and related industries and interests, and with the scientific and technical community during and after the period of the programs carried out under this Act, in order to assure that the projected benefits of such programs are and will continue to be realized.
dissemination of information and other actions to promote practical use of solar heating and cooling technologies Sec. 12. (a) The Secretary shall take all possible steps to assure that

42 USC 5510.

 full and complete information with respect to the demonstrations and other activities conducted under this Act is made available to Federal, State, and local authorities, the building industry and related segments of the economy, the scientific and technical community, and the public at large, both during and after the close of the programs under this Act, with the objective of promoting and facilitating to the maximum extent feasible the early and widespread practical use of solar energy for the heating and cooling of buildings throughout the United States. In accordance with regulations prescribed under section 16 such information shall be disseminated on a coordinated basis by the Secretary, the Administrator, the Director of the National Bureau of Standards, the Director, the Commissioner of the Patent Office, and other appropriate Federal offices and agencies. (b) In addition, the Secretary shall— (1) study and investigate the effect of building codes, zoning ordinances, tax regulations, and other laws, codes, ordinances, and practices upon the practical use of solar energy for the heating and cooling of buildings; (2) determine the extent to which such laws, codes, ordinances, and practices should be changed to permit or facilitate such use, and the methods by which any such changes may best be brought about; and (3) study the necessity of a program of incentives to accelerate the commercial application of solar heating and cooling technology. (c) (1) In carrying out his functions under subsections (a) and (b)

Solar Heating and Cooling Information Data Bank.

Establishment.

 the Secretary, utilizing the capabilities of the National Aeronautics and Space Administration, the Department of Commerce, and the National Science Foundation to the maximum extent possible, shall establish and operate a Solar Heating and Cooling Information Data Bank (hereinafter in this subsection referred to as the “bank”) for the purpose of collecting, reviewing, processing, and disseminating solar heating and cooling information and data in a timely and accurate manner in support of the objectives of this Act. (2) Information and data compiled in the bank shall include— (A) technical information (including reports, journal articles, dissertions, monographs, and project descriptions) on solar energy research, development, and applications; (B) technical information on the design, construction, and maintenance of buildings compatible with solar heating and cooling concepts; (C) physical and chemical properties of the materials required for solar heating and cooling; (D) climatic conditions in appropriate areas of the United States, including those areas where the demonstrations are to be located; and 88 Stat. 1076 (E) engineering performance of devices utilized in solar heating and cooling or to be employed in the demonstrations. (3) In accordance with regulations prescribed under section 16, the Secretary shall provide retrieval and dissemination services to cover the solar heating and cooling information described under paragraph (2) for— (A) Federal, State, and local government organizations that are active in the area of energy resources (and their contractors); (B) universities, colleges, and other nonprofit organizations; and (C) private persons, upon request, in appropriate cases. (4) In carrying out his functions under this subsection, the Secretary shall utilize, when feasible, the existing data base of scientific and technical information in Federal agencies, adding to such data base any information described in paragraph (2) which does not already reside in such base.

Reports to President and Congress.

(d) Each Federal officer and agency having functions under this Act shall include in his or its annual report to the President and the Congress a full and complete description of his or its activities (current and projected) under this Act, along with his or its recommendations for legislative, administrative, or other action to improve the programs under this Act or to achieve the objectives of this Act more promptly and effectively. In addition, the Secretary shall submit annually to the President and the Congress a special report summarizing in appropriate detail all of the activities (current and projected) of the various Federal officers and agencies having functions under this Act, with the objective of presenting a comprehensive overall view of such programs.
limitations on federally assisted or federally constructed housing Sec. 13.

42 USC 5511.

 (a) (1) In determining the maximum dollar amount of any federally assisted mortgage loan (as defined in subsection (b)) or the maximum per unit or other cost or floor area limitation of any federally constructed housing (as defined in subsection (c)), where the law establishing the program under which the loan is made or the housing is constructed specifies such maximum per unit or other cost on floor area limitation and the structure involved is furnished with solar heating or combined solar heating and cooling equipment under the demonstration program established by section 5, 6, or 9, the maximum amount or cost or floor area limitation so specified which is applicable to such structure shall be deemed to be increased by the amount by which (as determined by the Secretary or the Secretary of Defense, as appropriate) the price or cost or floor area limitation of the structure including such solar heating or combined solar heating and cooling equipment exceeds the price or cost or floor area limitation of the structure with such equipment replaced by conventional heating equipment or conventional heating and cooling equipment (as the case may be). (2) In addition, in the case of a federally assisted mortgage loan, the cost excess specified in subsection (a) shall be fully taken into account in determining the value or cost of the structure involved for purposes of applying any statutory provision specifying the maximum loan-to-value or cost ratio; except that, if the law specifies different rates of downpayment for successive increments of such value or cost, the lowest such rate shall apply to the additional cost attributable to the solar heating or combined solar heating and cooling equipment, and such equipment shall otherwise be excluded in determining the total value or cost of the structure. 88 Stat. 1077 (b) As used in subsection (a), the term “mortgage loan” means a

“Mortgage loan” and “federally assisted mortgage loan.”

 loan which is made to finance the purchase or construction of a residence or any other building or structure; and the term “federally assisted mortgage loan” means a mortgage loan which— (1) is made in whole or in part by any lender the deposits or accounts of which are insured by any agency of the Federal Government, or is made in whole or in part by any lender which is itself regulated by any agency of the Federal Government; or (2) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by the Secretary or any other officer or agency of the Federal Government or under or in connection with a housing, urban development, or related program administered by the Secretary or a housing or related program administered by any other such officer or agency; or (3) is eligible for purchase by the Federal National Mortgage Association, the Government National Mortgage Association, or the Federal Home Loan Mortgage Corporation, or from any financial institution from which it could be purchased by the Federal Home Loan Mortgage Corporation; or (4) is made in whole or in part by any “creditor,” as defined in section 103(f) of the Consumer Credit Protection Act of 1968 (15 U.S.C. 1602(f)), who makes or invests in residential real estate loans aggregating more than $1,000,000 per year. (c) As used in subsection (a), the term “federally constructed housing”

“Federally constructed housing.”

 means (1) residential or multifamily housing which is constructed by agencies of the Federal Government to provide dwelling accommodations for particular types or classes of persons under programs administered by such Federal agencies (including all housing constructed by the Department of Defense to provide dwelling accommodations for personnel of the armed services or for such personnel and their families), and (2) residential or multifamily housing which is constructed by agencies of State or local government, with financial assistance in any form from the Federal Government, to provide dwelling accommodations for particular types or classes of persons under programs administered by such State or local agencies.
encouragement and protection of small business Sec. 14. In carrying out their functions under this Act, all Federal

42 USC 5512.

 officers and agencies shall take steps to assure that small business concerns will have realistic and adequate opportunities to participate in the programs under this Act to the maximum extent possible.
priorities Sec. 15. The Secretary shall set priorities as far as possible consistent

42 USC 5513.

 with the intent and operation of this Act in accordance with the following criteria: (a) The residential dwellings and other buildings which will be part of the demonstration programs referred to in sections 5, 6, and 9 shall be located in a sufficient number of different geographic areas in the United States to assure a realistic and effective demonstration of the solar heating systems and combined solar heating and cooling systems involved, and of the dwellings and other buildings themselves, in both rural and urban locations and under climatic conditions which vary as much as possible. 88 Stat. 1078 (b) Consideration shall be given to projected costs of commercial production and maintenance of the solar heating systems and combined solar heating and cooling systems utilized in the demonstration programs.

Cost sharing.

(c) Encouragement should be given in the conduct of programs under this Act to those projects in which funds, appropriated by any State or political subdivision thereof for the purpose of sharing costs with the Federal Government for the purchase and installation of solar heating or combined solar heating and cooling components and systems, are committed before or after the date of the enactment of this Act.
regulations Sec. 16.

42 USC 5514.

 The Administrator and the Secretary in consultation with the Director of the National Bureau of Standards, the Director, the Administrator of the General Services Administration, the Secretary of Defense, and other appropriate officers and agencies, shall prescribe such regulations as may be necessary or appropriate to carry out this Act promptly and efficiently. Each such officer or agency, in consultation with the Administrator and the Secretary, may prescribe such regulations as may be necessary or appropriate to carry out his or its particular functions under this Act promptly and efficiently.
use of publicly assisted housing Sec. 17.

42 USC 5515.

 The Secretary shall make appropriate use of publicly assisted housing and particularly low-rent housing assisted under the

42 USC 1430.

United States Housing Act of 1937 in demonstrating solar heating systems and combined solar heating and cooling systems under this Act.
transfer of functions Sec. 18.

42 USC 5516.

 Within sixty days after the effective date of the law creating the Energy Research and Development Administration or any other law creating a permanent Federal organization or agency having jurisdiction over the energy research and development functions of the United States (or within sixty days after the enactment of this Act if the effective date of such law occurs prior to the enactment of this Act), the energy research and development functions vested in the National Aeronautics and Space Administration and the National Science Foundation under this Act and any funds which may have been appropriated pursuant to section 19 of this Act, to the extent necessary or appropriate, may, in accordance with regulations prescribed by the Office of Management and Budget, be transferred to and vested in the Energy Research and Development Administration or such other organization or agency.
authorization of appropriations Sec. 19.

42 USC 5517.

 (a) There is hereby authorized to be appropriated to the National Aeronautics and Space Administration for the fiscal year ending June 30, 1975, $5,000.000, to remain available until expended, to carry out the functions vested in the Administrator by this Act. (b) There is hereby authorized to be appropriated to the Department of Housing and Urban Development for the fiscal year ending June 30, 1975, $5,000,000, to remain available until expended. Any 88 Stat. 1079sums so appropriated shall be available (1) to carry out the functions vested in the Secretary of Housing and Urban Development by this Act, and (2) for transfer to the Department of Defense, the National Bureau of Standards, and the General Services Administration to enable them to carry out their respective functions under this Act. (c) There is hereby authorized to be appropriated for the fiscal years ending June 30, 1976, 1977, 1978, and 1979, $50,000,000 in the aggregate to carry out the programs established by this Act.
Approved September 3, 1974.
Public Law 93–410: To further the conduct of research, development, and demonstrations in geothermal energy technologies, to establish a Geothermal Energy Coordination and Management Project, to provide for the carrying out of research and development in geothermal energy technology, to carry out a program of demonstrations in technologies for the utilization of geothermal resources, to establish a loan guaranty program for the financing of geothermal energy development, and for other purposes. Public Law410 Public Law 93–410 [88 Stat. 1079] 1974-09-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–410
AN ACT To further the conduct of research, development, and demonstrations in geothermal energy technologies, to establish a Geothermal Energy Coordination and Management Project, to provide for the carrying out of research and development in geothermal energy technology, to carry out a program of demonstrations in technologies for the utilization of geothermal resources, to establish a loan guaranty program for the financing of geothermal energy development, and for other purposes.

September 3, 1974

[H. R. 14920]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Geothermal Energy Research, Development, and Demonstration Act of 1974.
short title Section 1. This Act may be cited as the “Geothermal Energy

30 USC 1101 note.

 Research, Development, and Demonstration Act of 1974”.
findings Sec. 2. The Congress hereby finds that—

30 USC 1101.

 (1) the Nation is currently suffering a critical shortage of environmentally acceptable forms of energy; (2) the inadequate organizational structures and levels of funding for energy research have limited the Nation’s current and future options for meeting energy needs; (3) electric energy is a clean and convenient form of energy at the location of its use and is the only practicable form of energy in some modern applications, but the demand for electric energy in every region of the United States is taxing all of the alternative energy sources presently available and is projected to increase; some of the sources available for electric power generation are already in short supply, and the development and use of other sources presently involve undesirable environmental impacts: (4) the Nation’s critical energy problems can be solved only if a national commitment is made to dedicate the necessary financial resources, and enlist the cooperation of the private and public sectors, in developing geothermal resources and other nonconventional sources of energy; (5) the conventional geothermal resources which are presently being used have limited total potential; but geothermal resources which are different from those presently being used, and which have extremely large energy content, are known to exist; (6) some geothermal resources contain energy in forms other than heat; examples are methane and extremely high pressures available upon release as kinetic energy; (7) some geothermal resources contain valuable byproducts such as potable water and mineral compounds which should be processed and recovered as national resources; 88 Stat. 1080 (8) technologies are not presently available for the development of most of these geothermal resources, but technologies for the generation of electric energy from geothermal resources are potentially economical and environmentally desirable, and the development of geothermal resources offers possibilities of process energy and other nonelectric applications; (9) much of the known geothermal resources exist on the public lands; (10) Federal financial assistance is necessary to encourage the extensive exploration, research, and development in geothermal resources which will bring these technologies to the point of commercial application; (11) the advancement of technology with the cooperation of private industry for the production of useful forms of energy from geothermal resources is important with respect to the Federal responsibility for the general welfare, to facilitate commerce, to encourage productive harmony between man and his environment, and to protect the public interest; and (12) the Federal Government should encourage and assist private industry through Federal assistance for the development and demonstration of practicable means to produce useful energy from geothermal resources with environmentally acceptable processes.
definitions Sec. 3.

30 USC 1102.

 For the purposes of this Act— (1) the term “geothermal resources” means (A) all products of geothermal processes, embracing indigenous steam, hot water, and brines, (B) steam and other gases, hot water and hot brines, resulting from water, gas, or other fluids artificially introduced into geothermal formations, and (C) any byproduct derived from them; (2) the term “byproduct” means any mineral or minerals which are found in solution or in association with geothermal resources and which have a value of less than 75 percent of the value of the geothermal steam and associated geothermal resources or are not, because of quantity, quality, or technical difficulties in extraction and production, of sufficient value to warrant extraction and production by themselves; (3) “pilot plant” means an experimental unit of small size used for early evaluation and development of new or improved processes and to obtain technical, engineering, and cost data; (1) I) “demonstration plant” means a complete facility which produces electricity, heat energy, or useful byproducts for commercial disposal from geothermal resources and which will make a significant contribution to the knowledge of full-size technology, plant operation, and process economics; (5) the term “Project” means the Geothermal Energy Coordination and Management Project established by section 101(a); (6) the term “fund” means the Geothermal Resources Development Fund established by section 204(a); and (7) the term “Chairman” means the Chairman of the Project.
<num value="I">TITLE I—</num> <heading class="inline">GEOTHERMAL ENERGY COORDINATION AND MANAGEMENT PROJECT</heading> <section> <heading class="smallCaps centered">establishment</heading> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t30/s1121">30 USC 1121.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There is hereby established the Geothermal Energy Coordination and Management Project.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Membership.</p></sidenote>(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The Project shall be composed of six members as follows:</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">one appointed by the President;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">an Assistant Director of the National Science Foundation;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">an Assistant Secretary of the Department of the Interior;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">an Associate Administrator of the National Aeronautics and Space Administration;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">(E) </num> <content class="inline">the General Manager of the Atomic Energy Commission; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">(F) </num> <content class="inline">an Assistant Administrator of the Federal Energy Administration.</content> </subparagraph> </paragraph> <page identifier="/us/stat/88/1081">88 <inline class="smallCaps">Stat</inline>. 1081</page> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The President shall designate one member of the Project to serve as Chairman of the Project.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">If the individual appointed under paragraph (1)(A) is an<sidenote><p class="firstIndent1 fontsize8">Compensation.</p></sidenote> officer or employee of the Federal Government, he shall receive no additional pay on account of his service as a member of the Project. If such individual is not an officer or employee of the Federal Government, he shall be entitled to receive the daily equivalent of the annual rate of basic pay in effect for level IV of the Executive Schedule (5 U.S.C. 5315) for each day (including traveltime) during which he is engaged in the actual performance of duties vested in the Project.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <chapeau class="inline">The Project shall have overall responsibility for the provision of effective management and coordination with respect to a national geothermal energy research, development, and demonstration program. Such program shall include—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the determination and evaluation of the resource base;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">research and development with respect to exploration, extraction, and utilization technologies;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the demonstration of appropriate technologies; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the loan guaranty program under title II.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The Project shall carry out its responsibilities under this section acting through the following Federal agencies:</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">the Department of the Interior, the responsibilities of which shall include evaluation and assessment of the resource base, including development of exploration technologies;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">the National Aeronautics and Space Administration, the responsibilities of which shall include the provision of contract management capability, evaluation and assessment of the resource base, and the development of technologies pursuant to section 102(b);</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">the Atomic Energy Commission, the responsibilities of which shall include the development of technologies; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">the National Science Foundation, the responsibilities of which shall include basic and applied research.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Upon request of the Project, the head of any such agency is authorized to detail or assign, on a reimbursable basis or otherwise, any of the personnel of such agency to the Project to assist it in carrying out its responsibilities under this Act.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">The Project shall have exclusive authority with respect to the establishment or approval of programs or projects initiated under this Act, except that the agency involved in any particular program or project shall be responsible for the operation and administration of such program or project.</content> </subsection> </section> <section> <heading class="smallCaps centered">program definition</heading> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Chairman, acting through the Administrator<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t30/s1122">30 USC 1122.</ref></p></sidenote> of the National Aeronautics and Space Administration, is authorized and directed to prepare a comprehensive program definition of an integrated effort and commitment for effectively developing geothermal energy resources. Such Administrator, in preparing such comprehensive program definition, is authorized to consult with other Federal agencies and non-Federal entities.</content> </paragraph> <page identifier="/us/stat/88/1082">88 <inline class="smallCaps">Stat</inline>. 1082</page> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Transmittal to President and Congress.</p><p class="firstIndent1 fontsize8">Interim reports.</p></sidenote>(2) </num> <content class="inline">The Chairman shall transmit such comprehensive program definition to the President and to each House of the Congress. Interim reports shall be transmitted not later than November 30, 1974, and not later than January 31, 1975. Such comprehensive program definition shall be transmitted as soon as possible thereafter, but in any case not later than August 31, 1975.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8">Inventory schedule and objectives, transmittal to President and Congress.</p></sidenote>(3) </num> <content class="inline">As part of the comprehensive program definition required by paragraph (1), the Chairman, acting through the Geological Survey, shall transmit to the President and to each House of the Congress a schedule and objectives for the inventorying of geothermal resources.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The National Aeronautics and Space Administration is authorized to undertake and carry out those programs assigned to it by the Project.</content> </subsection> </section> <section> <heading class="smallCaps centered">resource inventory and assessment program</heading> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t30/s1123">30 USC 1123.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Chairman shall initiate a resource inventory and assessment program with the objective of making regional and national appraisals of all types of geothermal resources, including identification of promising target areas for industrial exploration and development. The specific goals shall include—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the improvement of geophysical, geochemical, geological, and hydrological techniques necessary for locating and evaluating geothermal resources;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the development of better methods for predicting the power potential and longevity of geothermal reservoirs;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the determination and assessment of the nature and power potential of the deeper unexplored parts of high temperature geothermal convection systems; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the survey and assessment of regional and national geothermal resources of all types.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">The Chairman, acting through the Geological Survey and other appropriate agencies, shall—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">develop and carry out a general plan for the orderly inventorying of all forms of geothermal resources of the Federal lands and, where consistent with property rights and determined by the Chairman to be in the national interest, of non-Federal lands;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">conduct regional surveys, based upon such a general plan, using innovative geological, geophysical, geochemical, and stratagrapnic drilling techniques, which will lead to a national inventory of geothermal resources in the United States;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">publish and make available maps, reports, and other documents developed from such surveys to encourage and facilitate the commercial development of geothermal resources for beneficial use and consistent with the national interest;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">make such recommendations for legislation as may from time to time appear to be necessary to make Federal leasing policy for geothermal resources consistent with known inventories of various resource types, with the current state of technologies for geothermal energy development, and with current evaluations of the environmental impacts of such development; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">participate with appropriate Federal agencies and non-Federal entities in research to develop, improve, and test technologies for the discovery and evaluation of all forms of geothermal resources, and conduct research into the principles controlling the location, occurrence, size, temperature, energy content, producibility, and economic lifetimes of geothermal reservoirs.</content> </paragraph> </subsection> </section> <page identifier="/us/stat/88/1083">88 <inline class="smallCaps">Stat</inline>. 1083</page> <section> <heading class="smallCaps centered">research and development</heading> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Chairman, acting through the appropriate Federal<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t30/s1124">30 USC 1124.</ref></p></sidenote> agencies and in cooperation with non-Federal entities, shall initiate a research and development program for the purpose of resolving all major technical problems inhibiting the fullest possible commercial utilization of geothermal resources in the United States. The specific goals of such programs shall include—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the development of effective and efficient drilling methods to operate at high temperatures in formations of geothermal interest;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the development of reliable predictive methods and control techniques for the production of geothermal resources from reservoirs;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the exploitation of new concepts for fracturing rock to permit recovery of contained heat reserves;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the improvement of equipment and technology for the extraction of geothermal resources from reservoirs;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">the development of improved methods for converting geothermal resources and byproducts to useful forms;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">the development of improved methods for controlling emissions and wastes from geothermal utilization facilities, including new monitoring methods to any extent necessary;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">the development and evaluation of waste disposal control technologies and the evaluation of surface and subsurface environmental effects of geothermal development;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">(8) </num> <content class="inline">the improvement of the technical capability to predict environmental impacts resulting from the development of geothermal resources, the preparation of environmental impact statements, and the assuring of compliance with applicable standards and criteria;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">(9) </num> <content class="inline">the identification of social, legal, and economic problems associated with geothermal development (both locally and regionally) for the purpose of developing policy and providing a framework of policy alternatives tor the commercial utilization of geothermal resources;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">(10) </num> <content class="inline">the provision for an adequate supply of scientists to perform required geothermal research and development activities; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="11">(11) </num> <content class="inline">the establishment of a program to encourage States to establish and maintain geothermal resources clearinghouses, which shall serve to (A) provide geothermal resources developers with information with respect to applicable local, State, and Federal laws, rules, and regulations, (B) coordinate the processing of permit applications, impact statements, and other information which geothermal resources developers are required to provide. (C) encourage uniformity with respect to local and State laws, rules, and regulations with respect to geothermal resources development, and (D) encourage establishment of land use plans, which would include zoning for geothermal resources development and which would assure that geothermal resources developers will be able to carry out development programs to the production stage.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The Chairman, acting through the appropriate Federal agencies and in cooperation with non-Federal entities, shall implement a coordinated program of research and development in order to demonstrate the technical means for the extraction and utilization of the resource base, including any byproducts of such base, and in order to <page identifier="/us/stat/88/1084">88 <inline class="smallCaps">Stat</inline>. 1084</page>accomplish the goals established by subsection (a). Research authorized by this Act having potential applications in matters other than geothermal energy may be pursued to the extent that the findings of such research can be published in a form for utilization by others.</content> </subsection> </section> <section> <heading class="smallCaps centered">demonstration</heading> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t30/s1125">30 USC 1125.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Chairman, acting through the appropriate Federal agencies and in cooperation with non-Federal entities, shall initiate a program to design and construct geothermal demonstration plants. The specific goals of such program shall include—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the development of economical geothermal resources production systems and components which meet environmental standards;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the design of plants to produce electric power and, where appropriate, the large-scale production and utilization of any useful byproducts;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the involvement of engineers, analysts, technicians, and managers from industry field and powerplant development, which shall lead to the early industrial exploitation of advanced geothermal resources;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the provision for an adequate supply of trained geothermal engineers and technicians;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">the provision of experimental test beds for component testing an evaluation by laboratories operated by the Federal Government, industry, or institutions of higher education;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">the construction and operation of pilot plants; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">the construction and operation of demonstration plants.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">In carrying out his responsibilities under this section, the Chairman, acting through the appropriate Federal agencies, and in cooperation with non-Federal entities, may provide for the establishment of one or more demonstration projects utilizing each geothermal resource base involved, which shall include, as appropriate, all of the exploration, siting, drilling, pilot plant construction and operation, demonstration plant construction and operation, and other facilities and activities which may be necessary for the generation of electric energy and the utilization of geothermal resource byproducts.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Cooperative agreements.</p></sidenote>(c) </num> <chapeau class="inline">The Chairman, acting through the appropriate Federal agencies, is authorized to investigate and enter into agreements for the cooperative development of facilities to demonstrate the production of energy from geothermal resources. The responsible Federal agency may consider—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">cooperative agreements with utilities and non-Federal governmental entities for construction of facilities to produce energy for commercial disposition; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">cooperative agreements with other Federal agencies for the construction and operation of facilities to produce energy for direct Federal consumption.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <chapeau class="inline">The responsible Federal agency is authorized to investigate the feasibility of, construct, and operate, demonstration projects without entering into cooperative agreements with respect to such projects, if the Chairman finds that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the nature of the resource, the geographical location, the scale and engineering design of the facilities, the techniques of production, or any other significant factor of the proposal offers opportunities to make important contributions to the general <page identifier="/us/stat/88/1085">88 <inline class="smallCaps">Stat</inline>. 1085</page>knowledge of geothermal resources, the techniques of its development, or public confidence in the technology; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">there is no opportunity for cooperative agreements with any utility or non-Federal governmental entity willing and able to cooperate in the demonstration project under subsection (c) (1), and there is no opportunity for cooperative agreements with other Federal agencies under subsection (c)(2).</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <chapeau class="inline">Before favorably considering proposals under subsection (c), the responsible Federal agency must, find that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the nature of the resource, the geographical location, the scale and engineering design of the facilities, the techniques of production, or any other significant factor of the proposal offers opportunities to make important contributions to the general knowledge of geothermal resources, the techniques of its development, or public confidence in the technology;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the development of the practical benefits as set forth in paragraph (1) are unlikely to be accomplished without such cooperative development; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">where non-Federal participants are involved, the proposal is not eligible for adequate Federal assistance under the loan guaranty provisions of title II of this Act.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="f">(f) </num> <content class="inline">If the estimate of the Federal investment with respect to construction and operation costs of any demonstration project proposed to be established under this section exceeds $10,000,000, no amount may be appropriated for such project except as specifically authorized by legislation hereafter enacted by the Congress.</content> </subsection> <subsection class="firstIndent1"> <num value="g">(g)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">At the conclusion of the program under this section or as<sidenote><p class="firstIndent1 fontsize8">Federal property interests, disposal.</p></sidenote> soon thereafter as may be practicable, the responsible Federal agencies shall, by sale, lease, or otherwise, dispose of all Federal property interests which they have acquired pursuant to this section (including mineral rights) in accordance with existing law and the terms of the cooperative agreements involved.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The agency involved shall, under appropriate agreements or<sidenote><p class="firstIndent1 fontsize8">Project by-products, disposal.</p></sidenote> other arrangements, provide for the disposition of geothermal resource byproducts of the project, administered by such agency.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">scientific and technical education</heading> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">It is the policy of the Congress to encourage the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t30/s1126">30 USC 1126.</ref></p></sidenote> development and maintenance of programs through which there, may be provided the necessary trained personnel to perform required geothermal research, development, and demonstration activities under sections 103,104, and 105.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The National Science Foundation is authorized to support programs of education in the sciences and engineering to carry out the policy of subsection (a). Such support may include fellowships, traineeships, technical training programs, technologist training programs, and summer institute programs.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The National Science Foundation is authorized and directed to coordinate its actions, to the maximum extent practicable, with the Project or any permanent Federal organization or agency having jurisdiction over the energy research and development functions of the United States, in determining the optimal selection of programs of education to carry out the policy of subsection (a).</content> </subsection> <page identifier="/us/stat/88/1086">88 <inline class="smallCaps">Stat</inline>. 1086</page> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The National Science Foundation is authorized to encourage, to the maximum extent practicable international participation and cooperation in the development and maintenance of programs of education to carrying out the policy of subsection (a).</content> </subsection> </section> <num value="II">TITLE II—</num> <heading class="inline">LOAN GUARANTIES</heading> <section> <heading class="smallCaps centered">establishment of loan guaranty program</heading> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t30/s1141">30 USC 1141.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">It is the policy of the Congress to encourage and assist in the commercial development of practicable means to produce useful energy from geothermal resources with environmentally acceptable processes. Accordingly, it is the policy of the Congress to facilitate such commercial development by authorizing the Chairman of the Project to designate an appropriate Federal agency to guarantee loans for such purposes.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">In order to encourage the commercial production of energy from geothermal resources, the head of the designated agency is authorized to, in consultation with the Secretary of the Treasury, guarantee, and to enter into commitments to guarantee, lenders against loss of principal or interest on loans made by such lenders to qualified borrowers for the purposes of—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the determination and evaluation of the resource base;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">research and development with respect to extraction and utilization technologies:</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">acquiring rights in geothermal resources; or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">development, construction, and operation of facilities for the demonstration or commercial production of energy from geothermal resources.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Any guaranty under this title shall apply only to so much of the principal amount of any loan as does not exceed 75 percent of the aggregate cost of the project with respect to which the loan is made.</content> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8">Terms and conditions.</p></sidenote>(d) </num> <chapeau class="inline">Loan guaranties under this title shall be on such terms and conditions as the head of the designated agency determines, except that a guaranty shall be made under this title only if—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the loan bears interest at a rate not to exceed such annual per centum on the principal obligation outstanding as the head of the designated agency determines to be reasonable, taking into account the range of interest rates prevailing in the private sector for similar loans and risks by the United States;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the terms of such loan require full repayment over a period not to exceed thirty years, or the useful life of any physical asset to be financed by such loan, whichever is less (as determined by the head of the designated agency);</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">in the judgment of the head of the designated agency, the amount of the loan (when combined with amounts available to the qualified borrower from other sources) will be sufficient to carry out the project; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">in the judgment of the head of the designated agency, there is reasonable assurance of repayment of the loan by the qualified borrower of the guaranteed indebtedness.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8">Limitation.</p></sidenote>(e) </num> <content class="inline">The amount of the guaranty for any loan for a project shall not exceed $25,000,000, and the amount of the guaranty for any combination of loans for any single qualified borrower shall not exceed $50,000,000.</content> </subsection> <subsection class="firstIndent1"> <num value="f"><sidenote><p class="firstIndent1 fontsize8">“Qualified borrower.”</p></sidenote>(f) </num> <content class="inline">As used in this title, the term “qualified borrower” means any public or private agency, institution, association, partnership, <page identifier="/us/stat/88/1087">88 <inline class="smallCaps">Stat</inline>. 1087</page>corporation, political subdivision, or other legal entity which (as determined by the head of the designated agency) has presented satisfactory evidence of an interest in geothermal resources and is capable of performing research or completing the development and production of energy in an acceptable manner.</content> </subsection> </section> <section> <heading class="smallCaps centered">payment of interest</heading> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">With respect to any loan guaranteed pursuant to this<sidenote><p class="firstIndent1 fontsize8">Contract authority.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t30/s1142">30 USC 1142.</ref></p></sidenote> title, the head of the designated agency is authorized to enter into a contract to pay, and to pay, the lender for and on behalf of the borrower the interest charges which become due and payable on the unpaid balance of any such loan if the head of the designated agency finds—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">that the borrower is unable to meet interest charges, and that it is in the public, interest to permit the borrower to continue to pursue, the purposes of his project, and that the probable net cost to the Federal Government in paying such interest will be less than that which would result in the event of a default; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the amount of such interest charges which the head of the designated agency is authorized to pay shall be no greater than the amount of interest which the borrower is obligated to pay under the loan agreement.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">In the event of any default by a qualified borrower on a guaranteed loan, the head of the designated agency is authorized to make payment in accordance with the guaranty, and the Attorney General shall take such action as may be appropriate to recover the amounts of such payments (including any payment of interest under subsection (a)) from such assets of the defaulting borrower as are associated with the project, or from any other surety included in the terms of the guaranty.</content> </subsection> </section> <section> <heading class="smallCaps centered">period of guaranties and interest assistance</heading> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <content class="inline">No loan guaranties shall be made, or interest assistance<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t30/s1143">30 USC 1143.</ref></p></sidenote> contract entered into, pursuant to this title, after the expiration of the ten-calendar-year period following the date of enactment of this Act.</content> </section> <section> <heading class="smallCaps centered">geothermal resources development fund</heading> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There is established in the Treasury of the United<sidenote><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t30/s1144">30 USC 1144.</ref></p></sidenote> States a Geothermal Resources Development Fund, which shall be available to the head of the designated agency for carrying out the loan guaranty and interest assistance program authorized by this title, including the payment of administrative expenses incurred in connection therewith. Moneys in the fund not needed for current operations may, with the approval of the Secretary of the Treasury, be invested in bonds or other obligations of, or guaranteed by, the United States.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">There shall be paid into the fund the amounts appropriated pursuant to section 304(c) and such amounts as may be returned to the United States pursuant to section 202(b), and the amounts in the fund shall remain available until expended, except that after the expiration of the ten-year period established by section 203, such amounts in the fund which are not required to secure outstanding <page identifier="/us/stat/88/1088">88 <inline class="smallCaps">Stat</inline>. 1088</page>guaranty obligations shall be paid into the general fund of the Treasury.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Financial reports, submittal to Congress.</p></sidenote>(c) </num> <content class="inline">Business-type financial reports covering the operations of the fund shall be submitted to the Congress by the head of the designated agency annually upon the completion of an appropriate accounting period.</content> </subsection> </section> <num value="III">TITLE III—</num> <heading class="inline">GENERAL PROVISIONS</heading> <section> <heading class="smallCaps centered">protection of environment</heading> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t30/s1161">30 USC 1161.</ref></p></sidenote> <content class="inline">In the conduct of its activities, the Project, and any participating public or private persons or agencies shall place particular emphasis upon the objective of assuring that the environment and the safety of persons or property are effectively protected; and the program under title I shall include such special research and development as may be necessary for the achievement of that objective.</content> </section> <section> <heading class="smallCaps centered">reporting requirements</heading> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num><sidenote><p class="firstIndent1 fontsize8">Reports to President and Congress.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t30/s1162">30 USC 1162.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Chairman of the Project shall submit to the President, and the Congress full and complete annual reports of the activities of the Project, including such projections and estimates as may be necessary to evaluate the progress of the national geothermal energy research, development, and demonstration program and to provide the basis for as accurate a judgment as is possible concerning the extent to which the objectives of this Act will have been achieved by June 30, 1980.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">No later than one year after the termination of each demonstration project under section 105, the Chairman of the Project, shall submit to the President and the Congress a final report on the activities of the Project related to each project, including his recommendations with respect to any further legislative, administrative, and other actions which should be taken in support of the objectives of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">transfer of functions</heading> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t30/s1163">30 USC 1163.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Within sixty days after the effective date of the law creating a permanent Federal organization or agency having jurisdiction over the energy research and development functions of the United States (or within sixty days after the date of the enactment of this Act if the effective date of such law occurs prior to the date of the enactment of this Act), all of the research, development, and demonstration functions (including the loan guaranty program) vested in the Project under this Act, along with related records, documents, personnel, obligations, and other items to the extent necessary or appropriate, shall, in accordance with regulations prescribed by the Office of Management and Budget, be transferred to and vested in such organization or agency.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Upon the establishment of a permanent Federal organization or agency having jurisdiction over the energy research and development functions of the United States, and when all research and development (and other) functions of the Project are transferred, the members of the Project may provide advice and counsel to the head of such organization or agency, in accordance with arrangements made at that time.</content> </subsection> </section> <page identifier="/us/stat/88/1089">88 <inline class="smallCaps">Stat</inline>. 1089</page> <section> <heading class="smallCaps centered">authorizations of appropriations</heading> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">For the fiscal years ending June 30, 1976, and September<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t30/s1164">30 USC 1164.</ref></p></sidenote> 30, 1977, 1978, 1979, and 1980, only such sums may be appropriated as the Congress may hereafter authorize by law.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">There are authorized to be appropriated to the National Aeronautics and Space Administration not to exceed $2,500,000 for the fiscal year ending June 30, 1975, for the purpose of preparing the program definition under section 102(a),</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">In addition to sums authorized to be appropriated by subsection (b), there are authorized to be appropriated to the fund not to exceed $50,000,000 annually, such sums to carry out the provisions of the loan guaranty program by the Project under title II.</content> </subsection> </section> Approved September 3, 1974.
Public Law 93–411: To amend the tobacco marketing quota provisions of the Agricultural Adjustment Act of 1938. Public Law411 Public Law 93–411 [88 Stat. 1089] 1974-09-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–411
AN ACT To amend the tobacco marketing quota provisions of the Agricultural Adjustment Act of 1938.

September 3, 1974

[H. R. 6485]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Agricultural

Tobacco.

Marketing quotas.

7 USC 1314e.

 Adjustment Act of 1938 is amended by inserting after section 319 the following new section:
“Sec. 320. Notwithstanding any other provision of law, beginning

7 USC 1314f.

 with the 1975 crop, any kind of tobacco for which marketing quotas are not in effect that is produced in an area where producers who are engaged in the production of a kind of tobacco traditionally produced in the area have approved marketing quotas under this Act shall be subject to the quota for the kind of tobacco traditionally produced in the area: Provided, however, That this section shall not apply in any case in which the Secretary or his designee finds any such nonquota tobacco is readily and distinguishably different from any kind of tobacco produced under quota, because of seed variety, cultural practices, method of curing and other factors affecting its physical characteristics, as determined through the application of the Federal Standards of Inspection and Identification of quota types and the tobacco does not possess any of the distinguishable characteristics of a quota type. If marketing quotas are in effect for more than one kind of tobacco in an area, any nonquota tobacco produced in the area shall be subject to quotas for the kind of tobacco traditionally produced in the area having the highest price support under the Agricultural Act of 1949.”

7 USC 1421 note.
Approved September 3, 1974.
Public Law 93–412: To authorize in the District of Columbia a plan providing for the representation of defendants who are financially unable to obtain an adequate defense in criminal cases in the courts of the District of Columbia, and for other purposes. Public Law412 Public Law 93–412 [88 Stat. 1089] 1974-09-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–412
AN ACT To authorize in the District of Columbia a plan providing for the representation of defendants who are financially unable to obtain an adequate defense in criminal cases in the courts of the District of Columbia, and for other purposes.

September 3, 1974

[S. 3703]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

District of Columbia Criminal Justice Act.

D.C. Code 11–2601 note.

 be cited as the “District of Columbia Criminal Justice Act”.
88 Stat. 1090
Sec. 2. Title 11 of the District of Columbia Code is amended by adding at the end thereof the following new chapter: “Chapter 26.— REPRESENTATION OF INDIGENTS IN CRIMINAL CASES “Sec. “11–2601. “11–2602. “11–2603. “11–2604. “11–2605. “11–2606. “11–2607. “11–2608. “11–2609.

D.C. Code 11–2601

§ 11–2601. Plan for furnishing representation of indigents in criminal cases “The Joint Committee on Judicial Administration shall place in operation, within ninety days after the effective date of this chapter, in the District of Columbia a plan for furnishing representation to any person in the District of Columbia who is financially unable to obtain adequate representation— “(1) who is charged with a felony, or misdemeanor, or other

USC prec. title 1.

offense for which the sixth amendment to the Constitution requires the appointment of counsel or for whom, in a case which he faces loss of liberty, any law of the District of Columbia requires the appointment of counsel; “(2) who is under arrest, when such representation is required by law; “(3) who is charged with violating a condition of probation or parole in custody as a material witness, or seeking collateral relief, as provided in— “(A) Section 23–110 of the District of Columbia Code (remedies on motion attacking sentence), “(B) Chapter 7 of title 23 of the District of Columbia

D.C. Code 23–701.

Code (extradition and fugitives from justice), “(C) Chapter 19 of title 16 of the District, of Columbia

D.C. Code 16–1901.

Code (habeas corpus), “(D) Section 928 of the Act of March 8, 1901 (D.C. Code, sec. 24–302) (commitment of mentally ill person while serving sentence); “(4) who is subject to proceedings pursuant to chapter 5 of

D.C. Code 21–301.

title 21 of the District of Columbia Code (hospitalization of the mentally ill); “(5) who is a juvenile and alleged to be delinquent or in need of supervision. Representation under the plan shall include counsel and investigative, expert, and other services necessary for an adequate defense. The plan shall include a provision for private attorneys, attorneys furnished by the Public Defender Service, and attorneys and qualified students participating in clinical programs.

D.C. Code 11–2602.

“§ 11–2602. Appointment of counsel “Counsel furnishing representation under the plan shall in every case be selected from panels of attorneys designated and approved by the courts. In all cases where a person faces a loss of liberty and

USC Prec. title 1.

the Constitution or any other law requires the appointment of counsel, the court shall advise the defendant or respondent that he has the 88 Stat. 1091right to be represented by counsel and that counsel will be appointed to represent him if he is financially unable to obtain counsel. Unless the defendant or respondent waives representation by counsel, the court, if satisfied after appropriate inquiry that the defendant or respondent is financially unable to obtain counsel, shall appoint counsel to represent him. Such appointment may be made retroactive to include any representation furnished pursuant to the plan prior to appointment. The court shall appoint separate counsel for defendants or respondents having interests that cannot properly be represented by the same counsel, or when other good cause is shown. In all cases covered by this Act where the appointment of counsel is discretionary, the defendant or respondent shall be advised that counsel may be appointed to represent him if he is financially unable to obtain counsel, and the court shall in all such cases advise the defendant or respondent of the manner and procedures by which he may request the appointment of counsel.
“§ 11–2603. Duration and substitution of appointments

D.C. Code 11–2603.

 “A person for whom counsel is appointed shall be represented at every stage of the proceedings from his initial appearance before the court through appeals, including ancillary matters appropriate to the proceedings. If at any time after the appointment of counsel the court finds that the person is financially able to obtain counsel or to make partial payment for the representation, it may terminate the appointment of counsel or authorize payment as provided in section 2606 of this chapter, as the interests of justice may dictate. If at any stage of the proceedings, including an appeal, the court finds that the person is financially unable to pay counsel whom he had retained, it may appoint counsel as provided in section 2602, and authorize payment as provided in section 2604, as the interests of justice may dictate. The court may, in the interest of justice, substitute one appointed counsel for another at any stage of the proceedings.
“§ 11–2604. Payment for representation

D.C. Code 11–2604.

 “(a) Any attorney appointed pursuant to this chapter shall, at the conclusion of the representation or any segment thereof, be compensated at a rate fixed by the Joint Committee on Judicial Administration, not to exceed the hourly scale established by the provisions of section 3006A(d) (1) of title 18. United States Code. Such attorney

Expenses.

 shall be reimbursed for expenses reasonably incurred. “(b) For representation of a defendant before the Superior Court or before the District of Columbia Court of Appeals, as the case may be, the compensation to be paid to an attorney shall not exceed the maximum amounts established by section 3006A (d)(2) of title 18, United States Code, in the corresponding kind of case or proceeding. “(c) Claims for compensation and reimbursement in excess of any

Excess amounts, claims.

 maximum amount provided in subsection (b) of this section may be approved for extended or complex representation whenever such payment is necessary to provide fair compensation. Any such request for payment shall be submitted by the attorney for approval by the chief judge of the Superior Court upon recommendation of the presiding judge in the case or, in cases before the District of Columbia Court of Appeals, approval by the chief judge of the Court of Appeals upon recommendation of the presiding judge in the case. A decision shall be made by the appropriate chief judge in the case of every claim filed under this subsection. 88 Stat. 1092 “(d) A separate claim for compensation and reimbursement shall be made to the Superior Court for representation before that court, and to the District of Columbia Court of Appeals for representation

Statement.

before that court. Each claim shall be supported by a sworn written statement specifying the time expended, services rendered, and expenses incurred while the case was pending before the court, and the compensation and reimbursement applied for or received in the same case from any other source. The court shall fix the compensation and reimbursement to be paid to the attorney. In cases where representation is furnished other than before the Superior Court or the District of Columbia Court of Appeals, claims shall be submitted to the Superior Court which shall fix the compensation and reimbursement to be paid. “(e) For purposes of compensation and other payments authorized by tins section, an order by a court granting a new trial shall be deemed to initiate a new case. “(f) If a person for whom counsel is appointed under this section appeals to the District of Columbia Court of Appeals, he may do so without prepayment of fees and costs or security therefor and without filing the affidavit required by section 1915(a) of title 28, United States Code.

D.C. Code 11–2605.

“§ 11–2605. Services other than counsel “(a) Counsel for a person who is financially unable to obtain investigative, expert, or other services necessary for an adequate defense may request them in an ex parte application. Upon finding, after appropriate inquiry in an ex parte proceeding, that the services are necessary and that the person is financially unable to obtain them, the court shall authorize counsel to obtain the services. “(b) Counsel appointed under this section may obtain, subject to later review, investigative, expert, or other services, excluding the preparation of reporter’s transcript, without prior authorization if necessary for an adequate defense. The total cost of services obtained without prior authorization may not exceed $150 or the rate provided by section 3006A(e)(2) of title 18, United States Code, whichever is higher, and expenses reasonably incurred. “(c) Compensation to be paid to a person for services rendered by him to a person under this subsection shall not exceed $300, or the rate provided by section 3006A (e)(3) of title 18, United States Code, whichever is higher, exclusive of reimbursement for expenses reasonably incurred, unless payment in excess of that limit is certified by the court, as necessary to provide fair compensation for services of an unusual character or duration, and the amount of the excess payment is approved by the presiding judge in the case.

D.C. Code 11–2606.

“§ 11–2606. Receipt of other payments “(a) Whenever the court finds that funds are available for payment from or on behalf of a person furnished representation, it may authorize or direct that such funds be paid to the appointed attorney, or to any person or organization authorized pursuant to section 2605 of this title to render investigative, expert, or other services, or to the court for deposit in the Treasury as a reimbursement to the appropriation, current at the time of payment, to carry out the provisions of this section. Except as so authorized or directed, no such person or organization may request or accept any payment or promise of payment for representing a defendant.

Penalty.

“(b) Any person compensated, or entitled to be compensated, for 88 Stat. 1093tiny services rendered under this chapter who shall seek, ask, demand, receive, or offer to receive, any money, goods, or services in return therefor from or on behalf of a defendant or respondent shall be fined not more than $1,000 or imprisoned not more than one year, or both.
“§ 11–2607. Preparation of Budget

D.C. Code 11–2607.

 “The joint committee shall prepare and annually submit to the Commissioner of the District of Columbia, in conformity with section 1743 of this title, or to his successor in accordance with section 445 of the District of Columbia. Self-Government and Governmental Reorganization Act, for inclusion in the annual budget, annual estimates of the

D.C. Code 11 app.

 expenditures and appropriations necessary for furnishing representation by private attorneys to persons entitled to representation in accordance with section 2601 of this title.
“§ 11–2608. Authorization of appropriations

D.C. Code 11–2608.

 “There are hereby authorized to be appropriated, out of any moneys in the Treasury credited to the District of Columbia, such funds as may be necessary for the administration of lids chapter for fiscal years 1975 and IOTA When so specified in appropriation Acts, such appropriations shall remain available until expended.
“§ 11–2609. Authority of Council

D.C. Code 11–2609.

 “Section 602(a)(4) of the District of Columbia Self-Government and Governmental Reorganization Act shall not apply to this chapter.”.

D.C, Code 1–147.
Sec. 3. (a) Paragraph (1) of section 3006A, title 18, United States Code, as amended, is amended to read: “(1) Applicability in the District of Columbia.— The provisions of this Act, other than subsection (h) of section 1, shall apply in the United States District Court for the District of Columbia and the United States Court of Appeals for the District of Columbia Circuit. The provisions of this Act shall not apply to the Superior Court of the District of Columbia and the District of Columbia Court of Appeals.”.
Sec. 4. This Act shall take effect upon the date of its enactment. Any

Effective date.

D.C. Code 11–2601 note.

 person appointed on or after July 1, 1974, but prior to the commencing date of the plan referred to in section 11–2601 of the District of Columbia Code (as added by section 2 of this Act), by a judge of the Superior Court or the District of Columbia Court of Appeals to furnish to any person in the District of Columbia, who is financially unable to obtain adequate representation, that representation and those services referred to in such section 11–2601, may be compensated and reimbursed for such representation and services rendered, including expenses incurred therewith, upon filing a claim for payment. Payment shall not be allowed in excess of the amounts authorized in accordance with those sections added to the District of Columbia Code by such section 2.
Approved September 3, 1974.
Public Law 93–413: To authorize appropriations for activities of the National Science Foundation, and for other purposes. Public Law413 Public Law 93–413 [88 Stat. 1093] 1974-09-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–413
AN ACT To authorize appropriations for activities of the National Science Foundation, and for other purposes.

September 4, 1974

[H. R. 13999]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That there is

National Science Foundation Authorization Act, 1975.

 hereby authorized to be, appropriated to the National Science. Foundation tor the fiscal year ending June 30, 1975, for the following categories: 88 Stat. 1094 (1) Scientific Research Project Support, $358,700,000. (2) National and Special Research Programs, $91,900,000. (3) National Research Centers, $52,500,000. (4) Science Information Activities, $6,300,000. (5) International Cooperative Scientific Activities, $8,000,000. (6) Research Applied to National Needs, $148,900,000. (7) Intergovernmental Science Program, $2,000,000. (8) Institutional Improvement for Science, $12,000,000. (9) Graduate Student Support, $15,000,000. (10) Science Education Improvement, $70,000,000. (11) Planning and Policy Studies, $2,700,000. (12) Program Development and Management, $39,500,000.
Sec. 2. Notwithstanding any other provision of this or any other Act— (a) of the total amount authorized under section 1, not less than $10,000,000 shall be available for the purpose of “Institutional Improvement for Science”; (b) of the total amount authorized under section 1, not less than $15,000,000 shall be available for the purpose of “Graduate Student Support”; (c) of the total amount authorized under section 1, not less than $70,000,000 shall be available for the purpose of “Science Education Improvement”; (d) of the total amount authorized in category (2) of section 1— (1) not less than $1,600,000 shall be available for “Experimental R. & D. Incentives”, and (2) not less than $4,000,000 shall be available for “Ship Construction/Conversion”; (e) of the total amount authorized in category (6) of section 1— (1) not less than $1,000,000 shall be available for “Fire Research”, and (2) not less than $8,000,000 shall be available for “Earthquake Research and Engineering”; and (f) of the total amount authorized in category (10) of section 1— (1) not less than $l,500,000 shall be available for “Science Faculty Fellowships for College Teachers”. (2) not less than $3,800,000 shall be available for “Student Programs” including “Undergraduate Student Projects” and “Student Originated Studies”, and (3) not less than $2,000,000 shall be available for “High School Student Projects”.
Sec. 3. Appropriations made pursuant to this Act may be used, but not to exceed $5,000, for official consultation, representation, or other extraordinary expenses upon the approval or authority of the Director of the National Science Foundation, and his determination shall be final and conclusive upon the accounting officers of the Government.
Sec. 4. In addition to such sums as are authorized by section 1, not to exceed $5,000,000 is authorized to be appropriated for the fiscal year ending June 30, 1975, for expenses of the National Science Foundation incurred outside the United States to be paid for in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States.
Sec. 5.

Funds, availability.

 Appropriations made pursuant to sections 1 and 4 shall remain available for obligation, for expenditure, or for obligation and expenditure, for such period or periods as may be specified in Acts making such appropriations.
88 Stat. 1095
Sec. 6. No funds may be transferred from any particular category

Transfer of funds, limitation.

 listed in section 1 to any other category or categories listed in such section if the total of the funds so transferred from that particular category would exceed 10 per centum thereof, and no funds may be transferred to any particular category listed in section 1 from any other category or categories listed in such section if the total of the funds so transferred to that particular category would exceed 10 per centum thereof, unless— (A) a period of thirty legislative days has passed after the

Report to Speaker of the House, President of the Senate and congressional committees.

 Director or his designee has transmitted to the Speaker of the House of Representatives and to the President of the Senate and to the Committee on Science and Astronautics of the House of Representatives and to the Committee on Labor and Public Welfare of the Senate a written report containing a full and complete statement concerning the nature of the transfer and the reason therefor, or (B) each such committee before the expiration of such period has transmitted to the Director written notice to the effect that such committee has no objection to the proposed action.
Sec. 7. Notwithstanding any other provision of this or any other

Information to congressional committees.

42 USC 1882.

 Act, the Director of the National Science Foundation shall keep the Committee on Science and Astronautics of the House of Representatives and the Committee on Labor and Public Welfare of the Senate fully and currently informed with respect to all of the activities of the National Science Foundation.
Sec. 8. This Act may be cited as the “National Science Foundation

Short title.

 Authorization Act, 1975”.
Approved September 4, 1974.
Public Law 93–414: Making appropriations for the Department of Housing and Urban Development; for space, science, veterans, and certain other independent executive agencies, boards, commissions, corporations, and offices for the fiscal year ending June 30, 1975, and for other purposes. Public Law414 Public Law 93–414 [88 Stat. 1095] 1974-09-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–414
AN ACT Making appropriations for the Department of Housing and Urban Development; for space, science, veterans, and certain other independent executive agencies, boards, commissions, corporations, and offices for the fiscal year ending June 30, 1975, and for other purposes.

September 6, 1974

[H. R. 15572]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following

Department of Housing and Urban Development; Space, Science Veterans, and Certain Other Independent Agencies Appropriation Act, 1975.

 sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Housing and Urban Development; for space, science, veterans, and certain other independent executive agencies, boards, commissions, corporations, and offices for the fiscal year ending June 30, 1975, and for other purposes, namely: <num value="I">TITLE I</num> <heading class="inline">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</heading> <appropriations level="intermediate"> <heading>Housing Production and Mortgage Credit</heading> <appropriations level="small"> <heading>salaries and expenses, housing production and mortgage credit programs</heading> <content class="firstIndent1">For necessary administrative expenses of housing production and mortgage credit, not otherwise provided for, $13,233,000: <i>Provided</i>, <page identifier="/us/stat/88/1096">88 <inline class="smallCaps">Stat</inline>. 1096</page>That none of these administrative funds may be used for the administration of the section 23 leasing program, or any replacement program, unless the available, unused balance of contract authority under the section 236 program, or any replacement program, is made available for commitment concurrent with the making available for commitment of any contract authority under the section 23 program, or any replacement program.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Government National Mortgage Association</heading> <appropriations level="small"> <heading>payment of participation sales insufficiencies</heading> <content class="firstIndent1">For the payment of such insufficiencies as may be required by the Government National Mortgage Association, as trustee, on account of outstanding beneficial interests or participations in assets of the Department of Housing and Urban Development (including the Government National Mortgage Association) authorized by the Independent Offices and Department of Housing and Urban Development <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/81/341">81 Stat. 341</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1717">12 USC 1717.</ref></p></sidenote>Appropriation Act, 1968, to be issued pursuant to section 302(c) of the Federal National Mortgage Association Charter Act, as amended, $22,883,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Housing Management</heading> <appropriations level="small"> <heading>housing payments</heading> <content class="firstIndent1">For the payment of annual contributions to public housing agencies in accordance with section 10 of the United States Housing Act of <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 666.</p></sidenote>1937, as amended (42 U.S.C. 1410); for payments authorized by title IV of the Housing Act of 1950, as amended (12 U.S.C. 1749 et seq.); for rent supplement payments authorized by section 101 of the Housing and Urban Development Act of 1965, as amended (12 U.S.C. 1701s); and for homeownership and interest reduction payments as authorized by sections 235 and 236, of the National Housing Act, as <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 671, 672.</p></sidenote>amended (12 U.S.C. 1715z, 1715z–1), $2,300,000,000, of which not less than $450,000,000 shall be used only for the payment of operating subsidies to local housing authorities.</content> </appropriations> <appropriations level="small"> <heading>salaries and expenses, housing management programs</heading> <content class="firstIndent1">For necessary administrative expenses of programs of housing management, not otherwise provided for, $23,400,000: <proviso><i>Provided</i>, That administrative expenses in connection with the Revolving fund (liquidating programs) shall be exclusive of expenses necessary in the case of defaulted obligations to protect the interests of the Government.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Community Planning and Development</heading> <appropriations level="small"> <heading>urban renewal programs</heading> <content class="firstIndent1"><sidenote><p class="firstIndent1 fontsize8">Grants, additional amounts.</p></sidenote>For grants for urban renewal, fiscal year 1975, as an additional amount for urban renewal programs, as authorized by title I of the <page identifier="/us/stat/88/1097">88 <inline class="smallCaps">Stat</inline>. 1097</page>Housing Act of 1949, as amended (42 U.S.C. 1450 et seq.), and section 314 of the Housing Act of 1954, as amended (42 U.S.C. 1452a), $197,000,000, to remain available until expended: <proviso><i>Provided</i>, That no<sidenote><p class="firstIndent1 fontsize8">Limitation.</p></sidenote> part of any appropriation in this Act shall be used for administrative expenses in connection with commitments for grants aggregating more than the total of amounts available in the current year from the amounts authorized for making such commitments through June 30, 1967, plus the additional amounts appropriated therefor.</proviso></content> </appropriations> <appropriations level="small"> <heading>model cities programs</heading> <content class="firstIndent1">For financial assistance in connection with planning and carrying out comprehensive city demonstration programs pursuant to title 1 of the Demonstration Cities and Metropolitan Development Act of 1966, as amended (42 U.S.C. 3301), $123,375,000, to remain available until June 30, 1976, of which $1,000,000 shall be available only for rehabilitation and redevelopment of the DeKalb County, Tennessee, model cities area devastated by recent tornado damage.</content> </appropriations> <appropriations level="small"> <heading>comprehensive planning grants</heading> <content class="firstIndent1">For comprehensive planning grants as authorized by section 701 of the Housing Act of 1954, as amended (40 U.S.C. 461), $100,000,000, to remain available until expended.</content> </appropriations> <appropriations level="small"> <heading>salaries and expenses, community planning and development programs</heading> <content class="firstIndent1">For necessary administrative expenses of programs of community planning and development, not otherwise provided for, $39,000,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Federal Insurance Administration</heading> <appropriations level="small"> <heading>flood insurance</heading> <content class="firstIndent1">For necessary administrative expenses, not otherwise provided for, in carrying out the National Flood Insurance Act of 1968, as amended (42 U.S.C.Chap. 50), $50,000,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4001">42 USC 4001 note.</ref></p></sidenote></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Policy Development and Research</heading> <appropriations level="small"> <heading>research and technology</heading> <content class="firstIndent1">For contracts, grants and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z–1 et seq.), including<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 738.</p></sidenote> carrying out the functions of the Secretary under section 1(a) (l)(i) of Reorganization Plan No. 2 of 1968, $65,000,000, to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1508">49 USC 1508 note.</ref></p></sidenote> remain available until June 30, 1976.</content> </appropriations> <page identifier="/us/stat/88/1098">88 <inline class="smallCaps">Stat</inline>. 1098</page> <appropriations level="small"> <heading>salaries and expenses, policy development and research</heading> <content class="firstIndent1">For necessary administrative expenses of programs of policy development and research, not otherwise provided for, $6,130,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Fair Housing and Equal Opportunity</heading> <appropriations level="small"> <heading>fair housing and equal opportunity</heading> <content class="firstIndent1">For expenses necessary to carry out the functions of the Secretary pursuant to title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601), and other equal opportunity and fair housing programs authorized by law, not otherwise provided for, $11,543,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Departmental Management</heading> <appropriations level="small"> <heading>general departmental management</heading> <content class="firstIndent1">For necessary administrative expenses of the Secretary, not otherwise provided for, in overall program planning and direction in the Department, including not to exceed $2,500 for official reception and representation expenses, $5,413,000.</content> </appropriations> <appropriations level="small"> <heading>salaries and expenses, office of general counsel</heading> <content class="firstIndent1">For necessary expenses of the Office of General Counsel, not otherwise provided for, $3,425,000.</content> </appropriations> <appropriations level="small"> <heading>salaries and expenses, office of inspector general</heading> <content class="firstIndent1">For necessary expenses of the Office of Inspector General, not otherwise provided for, $6,626,000.</content> </appropriations> <appropriations level="small"> <heading>administration and staff services</heading> <content class="firstIndent1">For administrative expenses necessary in providing general administration and staff services within the Department, not otherwise provided for, $18,928,000.</content> </appropriations> <appropriations level="small"> <heading>regional management and services</heading> <content class="firstIndent1">For necessary administrative expenses, not otherwise provided for, of management and program coordination in the regional offices of the Department, $28,563,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Federal Disaster Assistance Administration</heading> <subheading>Funds Appropriated to the President</subheading> <appropriations level="small"> <heading>disaster relief</heading> <content class="firstIndent1">For expenses necessary to carry out the functions of the Department of Housing and Urban Development under the Disaster Relief Act of <page identifier="/us/stat/88/1099">88 <inline class="smallCaps">Stat</inline>. 1099</page>1970, as amended, the Disaster Relief Act of 1974, and Reorganization<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4401">42 USC 4401 note.</ref></p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 143.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/sII">5 USC app. II.</ref></p></sidenote> Plan No. 1 of 1973, authorizing assistance to States and local governments in major disasters, $200,000,000, to remain available until expended: <proviso><i>Provided</i>, That not to exceed 3 per centum of the foregoing amount shall be available for administrative expenses.</proviso></content> </appropriations> </appropriations> <num value="II">TITLE II</num> <heading class="inline">SPACE, SCIENCE, VETERANS, AND CERTAIN OTHER INDEPENDENT AGENCIES</heading> <appropriations level="intermediate"> <heading>American Battle Monuments Commission</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content class="firstIndent1">For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of land or interest in land in foreign countries; purchase and repair of uniforms for caretakers of national cemeteries and monuments, outside of the United States and its territories and possessions; not to exceed $67,000 for expenses of travel; rent of office and garage space in foreign countries; purchase (one for replacement only) and hire of passenger motor vehicles; and insurance of official motor vehicles in foreign countries when required by law of such countries; $4,512,000: <proviso><i>Provided</i>, That where station allowance has been authorized by the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t36/s121b">36 USC 121b.</ref></p></sidenote> Department of the Army for officers of the Army serving the Army at certain foreign stations, the same allowance shall be authorized for officers of the Armed<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t36/s122">36 USC 122.</ref></p></sidenote> Forces assigned to the Commission while serving at the same foreign stations, and this appropriation is hereby made available for the payment of such allowance:</proviso> <proviso><i>Provided further</i>, That when traveling on business of the Commission, officers of the Armed Forces serving as members or as secretary of the Commission may be reimbursed for expenses as provided for civilian members of the Commission:</proviso> <proviso><i>Provided further</i>, That the Commission shall reimburse other<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t36/s122a">36 USC 122a.</ref></p></sidenote> Government agencies, including the Armed Forces, for salary pay, and allowances of personnel assigned to it.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Department of Defense—Civil</heading> <subheading>Cemeterial Expenses, Army</subheading> <appropriations level="small"> <heading>salaries and expenses</heading> <content class="firstIndent1">For necessary expenses, as authorized by law, of maintenance, operation, and improvement of the cemetery at the Soldiers’ and Airmen’s Home and Arlington National Cemetery, including the purchase of three passenger motor vehicles of which two shall be for replacement only. $258,000, to remain available until expended: <proviso><i>Provided</i>, That reimbursement shall be made to the applicable military appropriation for the pay and allowances of any military personnel performing services primarily for the purposes of this appropriation.</proviso></content> </appropriations> </appropriations> <page identifier="/us/stat/88/1100">88 <inline class="smallCaps">Stat</inline>. 1100</page> <appropriations level="intermediate"> <heading>Federal Communications Commission</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content class="firstIndent1">For necessary expenses for the Federal Communications Commission, as authorized by law, including uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); not to exceed $250,000 for land and structures; not to exceed $35,000 for improvement and care of grounds and repairs to buildings; not to exceed $1,500 for official reception and representation expenses; purchase ( not to exceed eight) and hire of motor vehicles; special counsel fees: and services as authorized by 5 U.S.C. 3109; $40,900,000: <proviso><i>Provided</i>, That not to exceed $500,000 of the foregoing amount shall remain available until June 30, 1976, for research and policy studies.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>National Aeronautics and Space Administration</heading> <appropriations level="small"> <heading>research and development</heading> <content class="firstIndent1">For necessary expenses, not otherwise provided for, including research, development, operations, services, minor construction, maintenance, repair, rehabilitation and modification of real and personal property; tracking and data relay satellite services as authorized by section 7 of the National Aeronautics and Space Administration <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 243.</p></sidenote>Authorization Act, 1975; and purchase, hire, maintenance, and operation of other than administrative aircraft, necessary for the conduct and support of aeronautical and space research and development activities of the National Aeronautics and Space Administration, $2,326.580,000, to remain available until expended.</content> </appropriations> <appropriations level="small"> <heading>construction of facilities</heading> <content class="firstIndent1">For advance planning, design, rehabilitation, modification and construction of facilities for the National Aeronautics and Space Administration, and for the acquisition or condemnation of real property, as authorized by law, $140,155,000, including (1) $3,660,000 for addition to flight and guidance simulation laboratory, Ames Research Center; (2) $890,000 for rehabilitation and modification of science and applications laboratories, Goddard Space Flight Center; (3) $1,220,000 for modifications for fire protection and safety, Goddard Space Flight Center; (4) $150,000 for acquisition of land, Jet Propulsion Laboratory; (5) $3,790,000 for addition for integrated systems testing facility, Jet Propulsion Laboratory; (6) $935,000 for modification of water supply system, Lyndon B. Johnson Space Center; (7) $515,000 for modification of 6,000 p.s.i. air storage system, Langley Research Center; (8) $2,990,000 for rehabilitation of 16-foot transonic wind tunnel, Langley Research Center; (9) $2,580,000 for modification of propulsion systems laboratory, Lewis Research Center; (10) $660,000 for modification of rocket engine test facility, Lewis Research Center; (11) $4,060,000 for construction of X-ray telescope facility, Marshall Space Flight Center; (12) $1,370,000 for modification of beach protection system, Wallops Station; (13) $6,040,000 for construction of infrared telescope facility, Mauna Kea, Hawaii; (14) $1,430,000 for modifications for fire protection and safety at various tracking and data stations; (15) $77,020,000 for Space Shuttle facilities at various locations, as follows: (A) modification of the vibration and acoustic test facility, Lyndon B. Johnson Space Center, (B) modifications for crew training facilities, Lyndon B. Johnson Space Center, (C) construction of materials test facility, White Sands Test Facility, (D) modifications for dynamic test facilities, Marshall Space Flight Center, <page identifier="/us/stat/88/1101">88 <inline class="smallCaps">Stat</inline>. 1101</page>and NASA Industrial Plant, Downey, California, (E) modifications for solid rocket booster structural test facilities, Marshall Space Flight Center, (F) construction of Orbiter landing facilities, John F. Kennedy Space Center, (G) construction of Orbiter processing facility, John F. Kennedy Space Center, (H) modifications to launch complex 39, John F. Kennedy Space Center, (I) $1,940,000 for construction of an Orbiter Horizontal Flight Test Facility, Flight Research Center; (16) $14,900,000 for minor rehabilitation and modification of facilities at various locations; (IT) $4,500,000 for minor construction of new facilities and additions to existing facilities at various locations; (18) $10,900,000 for facility planning and design not otherwise provided for; and (19) $4,880,000 for an addition to the Systems Development Laboratory (SDL) at the Jet Propulsion Laboratory (JPL); to remain available for obligation until June 30, 1977: <proviso><i>Provided</i>, That, notwithstanding the limitation on the availability of funds appropriated under this head by this appropriation act, and except with respect to items (16) through (18) above, when any activity, for which appropriations under this head made by this act are available, has been initiated by the incurrence of obligations therefor, the amount available for such activity shall remain available until expended.</proviso></content> </appropriations> <appropriations level="small"> <heading>research and program management</heading> <content class="firstIndent1">For necessary expenses of research in Government laboratories, management of programs and other activities of the National Aeronautics and Space Administration, not otherwise provided for, including uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); awards; hire, maintenance and operation of administrative aircraft,; purchase (not to exceed sixteen for replacement only) and hire of passenger motor vehicles; and maintenance and repair of real and personal property, and not in excess of $10,000 per project for construction of new facilities and additions to existing facilities, and not in excess of $25,000 per project for rehabilitation and modification of facilities: $740,000,000: <proviso><i>Provided</i>, That contracts may be entered into under this appropriation for maintenance and operation of facilities, and for other services, to be provided during the next fiscal year:</proviso> <proviso><i>Provided further</i>, That not to exceed $35,000 of the foregoing amount shall be available for scientific consultations or extraordinary expense, to be expended upon the approval or authority of the Administrator and his determination shall be final and conclusive.</proviso></content> </appropriations> <appropriations level="small"> <heading>general provision</heading> <content class="firstIndent1">Not to exceed one-quarter of 1 per centum of the appropriations made available to the National Aeronautics and Space Administration by this Act for “Research and development” and “Research and program management” may be transferred to either of the other mentioned appropriation, but not to exceed the amount authorized therefor by the National Aeronautics and Space Administration Authorization Act, 1975 (Public Law 93–316).<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 240.</p></sidenote></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>National Science Foundation</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content class="firstIndent1">For expenses necessary to carry out the purposes of the. National Science Foundation Act of 1950, as amended (42 U.S.C. 4861–1875), title IX of the National Defense Education Act of 1958 (42 U.S.C. 1876–1879), and the Act to establish a National Medal of Science (42 U.S.C. 1880–1881), including award of graduate fellowships; <page identifier="/us/stat/88/1102">88 <inline class="smallCaps">Stat</inline>. 1102</page>services as authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and purchase of flight services for research support; hire of passenger motor vehicles; not to exceed $5,000 for official reception and representation expenses; not to exceed $35,900,000 for program development and management; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); rental of conference rooms in the District of Columbia; and reimbursement of the General Services Administration for security guard services; $661,500,000, to remain available until June 30, 1976: <proviso><i>Provided</i>, That of the foregoing total amount, not more nor less than $13,200,000 shall be used only for Graduate Student Support; not more nor less than $65,150,000 shall be used only for Science Education Improvement; not more nor less than $5,500,000 shall be used only for Institutional Improvement for Science; and not more than $50,000,000 shall be available for Research Applied to National Needs:</proviso> <proviso><i>Provided further</i>, That receipts for scientific support services and materials furnished by the National Research Centers may be credited to this appropriation:</proviso> <proviso><i>Provided <sidenote><p class="firstIndent1 fontsize8">Funds to campus disrupters, prohibition.</p></sidenote>further</i>, That if an institution of higher education receiving funds hereunder determines after affording notice and opportunity for hearing to an individual attending, or employed by, such institution, that such individual has, after the date of enactment of this Act, willfully refused to obey a lawful regulation or order of such institution and that such refusal was of a serious nature and contributed to the disruption of the administration of such institution, then the institution shall deny any further payment to, or for the benefit of, such individual.</proviso></content> </appropriations> <appropriations level="small"> <heading>scientific activities (special foreign currency program)</heading> <content class="firstIndent1">For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for scientific activities, as authorized by law, $4,850,000, to remain available until June 30, 1976: <proviso><i>Provided</i>, That this appropriation shall be available in addition to other appropriations to the National Science Foundation, for payments in the foregoing currencies.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Renegotiation Board</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content class="firstIndent1">For necessary expenses of the Renegotiation Board, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, $5,163,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Securities and Exchange Commission</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content class="firstIndent1">For necessary expenses for the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109, and not to exceed $1,200,000 for travel expenses and, not to exceed $2,000 for official reception and representation expenses, $43,077,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Selective Service System</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content class="firstIndent1">For expenses necessary for the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by law (5 U.S.C. 4101–4118) for civilian employees; and expenses of the <page identifier="/us/stat/88/1103">88 <inline class="smallCaps">Stat</inline>. 1103</page>National Selective Service Appeal Board; and not to exceed $1,000 for official reception and representation expenses; $45,000,000: <proviso><i>Provided</i>, That during the current fiscal year, the President may exempt this appropriation from the provisions of subsection (c) of section 3679 of the Revised Statutes, as amended, whenever he deems such<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s665">31 USC 665.</ref></p></sidenote> action to be necessary in the interest of national defense:</proviso> <proviso><i>Provided further</i>, That none of the funds appropriated by this Act may be expended for or in connection with the induction of any person into the Aimed Forces of the United States.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Veterans Administration</heading> <appropriations level="small"> <heading>compensation and pensions</heading> <content class="firstIndent1">For the payment of compensation, pensions, gratuities, and allowances, including burial awards, plot allowances, burial Hags, headstones and grave markers, emergency and other officers’ retirement pay, adjusted-service credits and certificates, and other benefits as authorized by law; and for payment of amounts of compromises or settlements under 28 U.S.H 2677 of tort claims potentially subject to the offset provisions of 38 U.S.C. 351, $7,283,000,000 to remain available until expended.</content> </appropriations> <appropriations level="small"> <heading>readjustment benefits</heading> <content class="firstIndent1">For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized by law (38 U.S.C. chapters 21, 31, and 33–39), $2,676,000,000, to remain available until expended.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s801/s1501/s1601">38 USC 801, 1501, 1601.</ref></p></sidenote></content> </appropriations> <appropriations level="small"> <heading>veterans insurance and indemnities</heading> <content class="firstIndent1">For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance, and soldiers’ and sailors’ civil relief, $8,750,000, to remain available until expended.</content> </appropriations> <appropriations level="small"> <heading>medical care</heading> <content class="firstIndent1">For expenses necessary for the maintenance and operation of hospitals, nursing homes, and domiciliary facilities; for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Veterans Administration, including care and treatment in facilities not under the jurisdiction of the Veterans Administration, and furnishing recreational facilities, supplies and equipment; funeral, burial and other expenses incidental thereto for beneficiaries receiving care in Veterans Administration facilities; repairing, altering, improving or providing facilities in the several hospitals and homes under the jurisdiction of the Veterans Administration, not otherwise provided for, either by contract or by the hire of temporary employees and purchase of materials; uniforms or allowance, therefor as authorized by law (5 U.S.C. 5901–5902); and aid to State, homes as authorized by law (38 U.S.C. 641); $3,187,644,000, plus reimbursements: <proviso><i>Provided</i>, That allotments and transfers may be made from this appropriation to the Public Health Service of the Department of Health, Education, and Welfare, and the Army, Navy, and Air Force of the Department of Defense, for disbursements by them under the various headings of their applicable appropriations, of such amounts as are necessary for the care and treatment of beneficiaries of the Veterans Administration.</proviso></content> </appropriations> <page identifier="/us/stat/88/1104">88 <inline class="smallCaps">Stat</inline>. 1104</page> <appropriations level="small"> <heading>medical and prosthetic research</heading> <content class="firstIndent1">For expenses necessary for carrying out programs of medical and prosthetic research and development, as authorized by law, to remain available until expended, $89,000,000, plus reimbursements.</content> </appropriations> <appropriations level="small"> <heading>medical administration and miscellaneous operating expenses</heading> <content class="firstIndent1">For expenses necessary for administration of the medical, hospital, domiciliary, construction and supply, research, employee education and training activities, as authorized by law, and for carrying out the provisions of section 5055, title 38, United States Code, relating to pilot programs and grants for exchange of medical information, $37,508,000, plus reimbursements.</content> </appropriations> <appropriations level="small"> <heading>general operating expenses</heading> <content class="firstIndent1">For necessary operating expenses of the Veterans Administration, not otherwise provided for, including uniforms or allowances therefor, as authorized by law; not to exceed $2,500 for official reception and representation expenses; cemeterial expenses as authorized by law, purchase of one passenger motor vehicle (medium sedan for replacement only) and hire of passenger motor vehicles; and reimbursement of the General Services Administration for security guard services; $420,000,000.</content> </appropriations> <appropriations level="small"> <heading>construction, major projects</heading> <content class="firstIndent1">For constructing, altering, extending and improving any of the facilities under the jurisdiction or for the use of the Veterans Administration, or for any of the purposes set forth in sections 5001, 5002 and 5004 of title 38, United States Code, including planning, architectural and engineering services, and site acquisition, where the estimated cost of a project is $1,000,000 or more, $223,925,000, to remain available until expended: <proviso><i>Provided</i>, That none of these funds shall be used for any project which has not been considered and approved by the Congress in the budgetary process.</proviso></content> </appropriations> <appropriations level="small"> <heading>construction, minor projects</heading> <content class="firstIndent1">For constructing, altering, extending, and improving any of the facilities under the jurisdiction or for the use of the Veterans Administration, including planning, architectural and engineering services, and site acquisition, or for any of the purposes set forth in sections 5001, 5002 and 5004 of title 38, United States Code, where the estimated cost of a project is less than $1,000,000, and for necessary expenses of the Office of Construction, $43,796,000, to remain available until expended.</content> </appropriations> <appropriations level="small"> <heading>grants tor construction of state extended care facilities</heading> <content class="firstIndent1">For grants to assist the several States to construct State nursing home facilities and to remodel, modify or alter existing hospital and domiciliary facilities in State homes, for furnishing care to veterans, as authorized by law (38 U.S.C. 644 and 5031–5037), $9,700,000, to remain available until June 30, 1977.</content> </appropriations> <page identifier="/us/stat/88/1105">88 <inline class="smallCaps">Stat</inline>. 1105</page> <appropriations level="small"> <heading>grants to the republic of the philippines</heading> <content class="firstIndent1">For payment to the Republic of the Philippines of grants, as authorized by law (38 U.S.C. 631–634), $2,050,000, of which $50,000 for hospital equipment, plant, and facilities rehabilitation grants shall remain available until expended.</content> </appropriations> <appropriations level="small"> <heading>payment of participation sales insufficiencies</heading> <content class="firstIndent1">For the payment of such insufficiencies as may be required by the Government National Mortgage Association, as trustee, on account of outstanding beneficial interests or participation in Direct, loan revolving fund assets or Loan guaranty revolving fund assets, authorized by the Independent Offices, and Department of Housing and Urban Development Appropriation Act, 1968, to be issued pursuant to section 302<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/81/341">81 Stat. 341</ref>.</p></sidenote> (c) of the Federal National Mortgage Association Charter Act, as amended (12 U.S.C. 1717(c)), $1,828,000.</content> </appropriations> <appropriations level="small"> <heading>loan guaranty revolving fund</heading> <content class="firstIndent1">During the current fiscal year, the Loan guaranty revolving fund shall be available for expenses, but not to exceed $500,000,000, for property acquisitions and other loan guaranty and insurance operations under Chapter 37, title 38, United States Code, except administrative<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1801">38 USC 1801.</ref></p></sidenote> expenses, as authorized by section 1824 of such title: <proviso><i>Provided</i>, That the unobligated balances including retained earnings of the Direct loan revolving fund shall be available, during the current fiscal year, for transfer to the Loan guaranty revolving fund in such amounts as may be necessary to provide for the timely payment of obligations of such fund and the Administrator of Veterans Affairs shall not be required to pay interest on amounts so transferred after the time of such transfer.</proviso></content> </appropriations> <appropriations level="small"> <heading>vocational rehabilitation revolving fund</heading> <content class="firstIndent1">To increase the “Vocational Rehabilitation Revolving Fund” established by the Act of March 24, 1943, and continued by 38 U.S.C. 1507, $97,000.</content> </appropriations> <appropriations level="small"> <heading>administrative provisions</heading> <content class="firstIndent1"> <p class="firstIndent1 fontsize10">Not to exceed 5 per centum of any appropriation for the current<sidenote><p class="firstIndent1 fontsize8">Transfer of funds.</p></sidenote> fiscal year for “Compensation and pensions”, “Readjustment benefits”, and “Veterans insurance and indemnities” may be transferred to any other of the mentioned appropriations, but not to exceed 10 per centum of the appropriations so augmented.</p> <p class="firstIndent1 fontsize10">Appropriations available to the Veterans Administration for the current fiscal year for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109.</p> <p class="firstIndent1 fontsize10">No part of the appropriations in this Act for the Veterans Administration (except the appropriations for “Construction, major projects”, and “Construction, minor projects”) shall be available for the purchase of any site for or toward the construction of any new hospital or home.</p> <p class="firstIndent1 fontsize10">No part of the foregoing appropriations shall be available for hospitalization or examination of any persons except beneficiaries entitled under the laws bestowing such benefits to veterans, unless reimbursement of cost is made to the appropriation at such rates as may be fixed by the Administrator of Veterans Affairs.</p> </content> </appropriations> </appropriations> 88 Stat. 1106 <num value="III">TITLE III</num> <heading class="inline">CORPORATIONS</heading> <chapeau class="firstIndent1">The following corporations and agencies, respectively, are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s849">31 USC 849.</ref></p></sidenote>of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency except as hereinafter provided.</chapeau> <appropriations level="intermediate"> <heading>Department of Housing and Urban Development</heading> <appropriations level="small"> <heading>limitation on administrative and nonadministrative expenses, federal housing administration</heading> <content class="firstIndent1">For administrative expenses in carrying out duties imposed by or pursuant to law, not to exceed $13,803,000 of the various funds of the Federal Housing Administration shall be available, in accordance with the National Housing Act, as amended (12 U.S.C. 1701): <proviso><i>Provided</i>, That funds shall be available for contract actuarial services (not to exceed $1,500):</proviso> <proviso><i>Provided further</i>, That nonadministrative expenses classified by section 2 of Public Law 387, approved October <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/63/905">63 Stat. 905</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1702">12 USC 1702.</ref></p></sidenote>25, 1949, shall not exceed $190,500,000.</proviso></content> </appropriations> <appropriations level="small"> <heading>limitation on administrative expenses, government national mortgage association</heading> <content class="firstIndent1">Not to exceed $8,080,000 shall be available for administrative expenses, which shall be on an accrual basis, and shall be exclusive of interest paid, expenses (including expenses for fiscal agency services performed on a contract or fee basis) in connection with the issuance and servicing of securities, depreciation, properly capitalized expenditures, fees for servicing mortgages, expenses (including services performed on a force account, contract or fee basis, but not including other personal services) in connection with the acquisition, protection, operation, maintenance, improvement, or disposition of real or personal property belonging to said Association or in which it has an interest, cost of salaries, wages, travel, and other expenses of persons employed outside the continental United States, and all administrative expenses reimbursable from other Government agencies and from the Federal National Mortgage Association: <proviso><i>Provided</i>, That the distribution of administrative expenses to the accounts of the Association shall be made in accordance with generally recognized accounting principles and practices.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Federal Home Loan Bank Board</heading> <appropriations level="small"> <heading>limitation on administrative and nonadministrative expenses, federal home loan bank board</heading> <content class="firstIndent1">Not to exceed a total of $10,400,000 shall be available for administrative expenses of the Federal Home Loan Bank Board, which may procure services as authorized by 5 U.S.C. 3109, and contracts for such services with one organization may be renewed annually, and uniforms or allowances therefor in accordance with law (5 U.S.C. 5901–5902), <page identifier="/us/stat/88/1107">88 <inline class="smallCaps">Stat</inline>. 1107</page>and said amount shall be derived from funds available to the Federal Home Loan Bank Board, including those in the Federal Home Loan Bank Board revolving fund and receipts of the Board for the current fiscal year and prior fiscal years, and the Board may utilize and may make payment for services and facilities of the Federal home loan banks, the Federal Reserve banks, the Federal Savings and Loan Insurance (Corporation, the Federal Home Loan Mortgage Corporation, and other agencies of the Government (including payment for office space): <proviso><i>Provided</i>, That all necessary expenses in connection with the co user vat or ship or liquidation of institutions insured by the Federal Savings and Loan Insurance Corporation, liquidation or handling of assets of or derived from such insured institutions, payment of insurance, and action for or toward the avoidance, termination, or minimizing of losses in the case of such insured institutions, or activities relating to section 5A(f) or 6(i) of the Federal Home Loan Bank Act, section 5(d) of the Home Owners’ Loan Act of 1933,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1425a/s1426">12 USC 1425a, 1426.</ref></p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1464">12 USC 1464.</ref></p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1729–1730a">12 USC 1729–1730a.</ref></p></sidenote> or section 406(c), 407, or 408 of the National Housing Act and all necessary expenses (including services performed on a contract or fee basis, but not including other personal services) in connection with the handling, including the purchase.</proviso>, sale, and exchange, of securities on behalf of Federal home loan banks, and the sale, issuance, and retirement of, or payment of interest on, debentures or bonds, under the Federal Home Loan Bank Act, as amended, shall be considered<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1421">12 USC 1421.</ref></p></sidenote> as nonadministrative expenses for the purposes hereof: <proviso><i>Provided further</i>, That members and alternates of the Federal Savings and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1428a">12 USC 1428a note.</ref></p></sidenote> Loan Advisory Council shall be entitled to reimbursement from the Board as approved by the Board for transportation expenses incurred in attendance at meetings of or concerned with the work of such Council and may be paid in lieu of subsistence per diem not to exceed the dollar amount set forth in 5 U.S.C. 5703 (d)(1):</proviso> <proviso><i>Provided further</i>, That expenses of any functions of supervision (except of Federal home loan banks) vested in or exercisable by the Board shall be considered as nonadministrative expenses:</proviso> <proviso><i>Provided further</i>, That not to exceed $1,000 shall be available for official reception and representation expenses:</proviso> <proviso><i>Provided further</i>, That, notwithstanding any other E revisions of this Act, except for the limitation in amount hereinbefore specified, the administrative expenses and other obligations of the Board shall be incurred, allowed, and paid in accordance with the provisions of the Federal Home Loan Bank Act of July 22, 1932, as amended (12 U.S.C. 1421–1449):</proviso> <proviso><i>Provided further</i>, That the dollar limitation of section 18(c) of the Federal Home Loan Bank Act is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1438">12 USC 1438.</ref></p></sidenote> further increased by the cumulative assessments and interest-bearing or other advances for purposes thereof, which shall include related commercial facilities, hereby authorized to be required by the Board us nonadministrative expenditures of agencies under administration or supervision of the Board or of a body composed of its members, all of which are hereby included in the references therein to agencies under the Board’s supervision, and the Board is hereby authorized to adjust as it deems equitable the interest on advances now or hereafter outstanding thereunder or hereunder:</proviso> <proviso><i>Provided further</i>, That the nonadministrative expenses (except those included in the first proviso hereof) for the supervision and examination of Federal and State chartered institutions (other than special examinations determined by the Board to be necessary) shall not exceed $20,736,000</proviso></content> </appropriations> <page identifier="/us/stat/88/1108">88 <inline class="smallCaps">Stat</inline>. 1108</page> <appropriations level="small"> <heading>limitation on administrative expenses, federal savings and loan insurance corporation</heading> <content class="firstIndent1">Not to exceed $772,000 shall be available for administrative expenses, which shall be on an accrual basis and shall be exclusive of interest paid, depreciation, properly capitalized expenditures, expenses in connection with liquidation of insured institutions or activities relating <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1729–1730a">12 USC 1729–1730a.</ref></p></sidenote>to section 406(c), 407, or 408 of the National Housing Act, liquidation or handling or assets of or derived from insured institutions, payment of insurance, and action for or toward the avoidance, termination, or minimizing of losses in the case of insured institutions, legal fees and expenses and payments for expenses of the Federal Home Loan Bank Board determined by said Board to be properly allocable to said Corporation, and said Corporation may utilize and may make payments for services and facilities of the Federal home loan banks, the Federal Reserve banks, the Federal Home Loan Bank Board, the Federal Home Loan Mortgage Corporation, and other agencies of the Government: <proviso><i>Provided</i>, That, notwithstanding any other provisions of this Act, except for the limitation in amount hereinbefore specified, the administrative expenses and other obligations of said Corporation shall be incurred, allowed, and paid in accordance with title IV of the Act of June 27, 1934, as amended (12 U.S.C. 1724–1730b).</proviso></content> </appropriations> </appropriations> <num value="IV">TITLE IV</num> <heading class="inline">GENERAL PROVISIONS</heading> <section> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num><sidenote><p class="firstIndent1 fontsize8">Travel expenses.</p></sidenote> <content class="inline">Where appropriations in titles I and II of this Act as expendable for travel expenses of employees and no specific limitation has been placed thereon, the expenditures for such travel expenses may not exceed the amounts set forth therefor in the budget estimates submitted for the appropriations: <proviso><i>Provided</i>, That this section shall not apply to travel performed by uncompensated officials of local boards and appeal boards of the Selective Service System; to travel performed directly in connection with care and treatment of medical beneficiaries of the Veterans Administration; or to payments to inter-agency motor pools where separately set forth in the budget schedules.</proviso></content> </section> <section> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num><sidenote><p class="firstIndent1 fontsize8">Uniforms.</p></sidenote> <content class="inline">Appropriations and funds available for the administrative expenses of the Department of Housing and Urban Development and the Selective Service System shall be available in the current fiscal year for purchase of uniforms, or allowances thereof, as authorized y law (5 U.S.C. 5901–5902); hire of passenger motor vehicles; and services as authorized by 5 U.S.C. 3109.</content> </section> <section> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num><sidenote><p class="firstIndent1 fontsize8">Legal and banking services.</p></sidenote> <content class="inline">Funds made available for the Department of Housing and Urban Development under title III of this Act shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of Federal National Mortgage Association or Government National Mortgage Association, Federal Reserve banks or any member thereof, Federal home loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811–1831).</content> </section> <section> <num value="404"><inline class="smallCaps">Sec</inline>. 404. </num><sidenote><p class="firstIndent1 fontsize8">Research projects.</p></sidenote> <content class="inline">None of the funds provided in this Act may be used for payment, through grants or contracts, to recipients that do not share in the cost of conducting research resulting from proposals for projects not specifically solicited by the Government: <i>Provided</i>, That the extent <page identifier="/us/stat/88/1109">88 <inline class="smallCaps">Stat</inline>. 1109</page>of cost sharing by the recipient shall reflect the mutuality of interest of the grantee or contractor and the Government in the research.</content> </section> <section> <num value="405"><inline class="smallCaps">Sec</inline>. 405. </num> <content class="inline">No part of any appropriation, funds, or other authority<sidenote><p class="firstIndent1 fontsize8">Space and services.</p></sidenote> contained in this Act shall be available for paying to the Administrator of the General Services Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended, for space and services.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s490">40 USC 490.</ref></p></sidenote></content> </section> <section> <num value="406"><inline class="smallCaps">Sec</inline>. 406. </num> <content class="inline"> <p class="inline fontsize10">No part of any appropriations contained in this Act shall<sidenote><p class="firstIndent1 fontsize8">Fiscal year limitation.</p></sidenote> remain available for obligation beyond the current fiscal year unless expressly so provided herein.</p> <p class="firstIndent1 fontsize10">This Act may be cited as the “<shortTitle role="act">Department of Housing and Urban<sidenote><p class="firstIndent1 fontsize8">Short title.</p></sidenote> Development; Space, Science, Veterans, and Certain Other Independent Agencies Appropriation Act, 1975</shortTitle>”.</p> </content> </section>
Approved September 6, 1974.
Public Law 93–415: To provide a comprehensive, coordinated approach to the problems of juvenile delinquency, and for other purposes. Public Law415 Public Law 93–415 [88 Stat. 1109] 1974-09-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–415
AN ACT To provide a comprehensive, coordinated approach to the problems of juvenile delinquency, and for other purposes.

September 7, 1974

[S. 821]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Juvenile Justice and Delinquency Prevention Act of 1974.

42 USC 5601 note.

 be cited as the “Juvenile Justice and Delinquency Prevention Act of 1974”.
<num value="I">TITLE I—</num> <heading class="inline">FINDINGS AND DECLARATION OF PURPOSE</heading> <section> <heading class="smallCaps centered">findings</heading> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Congress hereby finds that—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5601">42 USC 5601.</ref></p></sidenote></chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">juveniles account for almost half the arrests for serious crimes in the United States today;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">untie retailed, overcrowded juvenile courts, probation services, and correctional facilities are not able to provide individualized justice or effective help:</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">present juvenile courts, foster and protective care programs, and shelter facilities are inadequate to meet the needs of the countless, abandoned, and dependent children, who, because of (his failure to provide effective services, may become delinquents;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">existing programs have not adequately responded to the particular problems of the increasing numbers of young people who are addicted to or who abuse drugs, particularly nonopiate or polydrug abusers;</content> </paragraph> <page identifier="/us/stat/88/1110">88 <inline class="smallCaps">Stat</inline>. 1110</page> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">juvenile delinquency can be prevented through programs designed to keep students in elementary and secondary schools through the prevention of unwarranted and arbitrary suspensions and expulsions;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">States and local communities which experience directly the devastating failures of the juvenile justice system do not presently have sufficient technical expertise or adequate resources to deal comprehensively with the problems of juvenile delinquency; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">existing Federal programs have not provided the direction, coordination, resources, and leadership required to meet the crisis of delinquency.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Congress finds further that the high incidence of delinquency in the United States today results in enormous annual cost and immeasurable loss of human life, personal security, and wasted human resources and that juvenile delinquency constitutes a growing threat to the national welfare requiring immediate and comprehensive action by the Federal Government to reduce and prevent delinquency.</content> </subsection> </section> <section> <heading class="smallCaps centered">purpose</heading> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5602">42 USC 5602.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">It is the purpose of this Act—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">to provide for the thorough and prompt evaluation of all federally assisted juvenile delinquency programs;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">to provide technical assistance to public and private agencies, institutions, and individuals in developing and implementing juvenile delinquency programs;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">to establish training programs for persons, including professionals, paraprofessionals, and volunteers, who work with delinquents or potential delinquents or whose work or activities relate to juvenile delinquency programs;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">to establish a centralized research effort on the problems of juvenile delinquency, including an information clearinghouse to disseminate the findings of such research and all data related to juvenile delinquency;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">to develop and encourage the implementation of national standards for the administration of juvenile justice, including recommendations for administrative, budgetary, and legislative action at the Federal. State, and local level to facilitate the adoption of such standards;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">to assist States and local communities with resources to develop and implement programs to keep students in elementary and secondary schools and to prevent unwarranted and arbitrary suspensions and expulsions; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">to establish a Federal assistance program to deal with the problems of runaway youth.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">It is therefore the further declared policy of Congress to provide the necessary resources, leadership, and coordination (1) to <page identifier="/us/stat/88/1111">88 <inline class="smallCaps">Stat</inline>. 1111</page>develop and implement effective methods of preventing and reducing juvenile delinquency; (2) to develop and conduct effective programs to prevent delinquency, to divert juveniles from the traditional juvenile justice system and to provide critically needed alternatives to institutionalization; (3) to improve the quality of juvenile justice in the United States; and (4) to increase the capacity of State and local governments and public and private agencies to conduct effective juvenile justice and delinquency prevention and rehabilitation programs and to provide research, evaluation, and training services in the field of juvenile delinquency prevention.</content> </subsection> </section> <section> <heading class="smallCaps centered">definitions</heading> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <chapeau class="inline">For purposes of this Act—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5603">42 USC 5603.</ref></p></sidenote></chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the term “community based” facility, program, or service means a small, open group home or other suitable place located near the juveniles home or family and programs of community supervision and service which maintain community and consumer participation in the planning operation, and evaluation of their programs which may include, but are not limited to, medical, educational, vocational, social, and psychological guidance, training, counseling, alcoholism treatment, drug treatment, and other rehabilitative services;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the term “Federal juvenile delinquency program” means any juvenile delinquency program which is conducted, directly, or indirectly, or is assisted by any Federal department or agency, including any program funded under this Act;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the term “juvenile delinquency program” means any program or activity related to juvenile delinquency prevention, control, diversion, treatment, rehabilitation, planning, education, training, and research, including drug and alcohol abuse programs; the improvement of the juvenile justice system; and any program or activity for neglected, abandoned, or dependent youth and other youth who are in danger of becoming delinquent;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the term “Law Enforcement Assistance Administration” means the agency established by section 101(a) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended;<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3711">42 USC 3711.</ref></p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">the term “Administrator” means the agency head designated by section 101(b) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">the term “law enforcement and criminal justice” means any activity pertaining to crime prevention, control, or reduction or the enforcement of the criminal law, including, but not limited to police efforts to prevent, control, or reduce crime or to apprehend criminals, activities of courts having criminal jurisdiction and related agencies (including prosecutorial and defender services, activities of corrections, probation, or parole authorities, and programs relating to the prevention, control, or reduction of juvenile delinquency or narcotic addiction;</content> </paragraph> <page identifier="/us/stat/88/1112">88 <inline class="smallCaps">Stat</inline>. 1112</page> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and any territory or possession of the United States;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">(8) </num> <content class="inline">the term “unit of general local government” means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State, an Indian tribe which performs law enforcement functions as determined by the Secretary of the Interior, or, for the purpose of assistance eligibility, any agency of the District of Columbia government performing law enforcement functions in and for the District of Columbia and funds appropriated by the Congress for the activities of such agency may be used to provide the non-Federal share of the cost of programs or projects funded under this title;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">(9) </num> <content class="inline">the term “combination” as applied to States or units of general local government means any grouping or joining together of such States or units for the purpose of preparing, developing, or implementing a law enforcement plan;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">(10) </num> <content class="inline">the term “construction” means acquisition, expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings, or any combination of such activities (including architects’ fees but not the cost of acquisition of land for buildings);</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="11">(11) </num> <content class="inline">the term “public agency” means any State, unit of local government, combination of such States or units, or any department, agency, or instrumentality of any of the foregoing;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="12">(12) </num> <content class="inline">the term “correctional institution or facility” means any place for the confinement or rehabilitation of juvenile offenders or individuals charged with or convicted of criminal offenses; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="13">(13) </num> <content class="inline">the term “treatment” includes but is not limited to medical, educational, social, psychological, and vocational services, corrective and preventive guidance and training, and other rehabilitative services designed to protect the public and benefit the addict or other user by eliminating his dependence on addicting or other drugs or by controlling his dependence, and his susceptibility to addiction or use.</content> </paragraph> </section> <num value="II">TITLE II—</num> <heading class="inline">JUVENILE JUSTICE AND DELINQUENCY PREVENTION</heading> <part> <num value="A">Part A—</num> <heading class="inline">Juvenile Justice and Delinquency Prevention Office</heading> <section> <heading class="smallCaps centered">establishment of office</heading> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5611">42 USC 5611.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There is hereby created within the Department of Justice. Law Enforcement Assistance Administration, the Office of Juvenile Justice and Delinquency Prevention (referred to in this Act as the “Office”).</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Administration.</p></sidenote>(b) </num> <content class="inline">The programs authorized pursuant to this Act unless otherwise specified in this Act shall be administered by the Office established under this section.</content> </subsection> <page identifier="/us/stat/88/1113">88 <inline class="smallCaps">Stat</inline>. 1113</page> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">There shall be at the head of the Office an Assistant Administrator who shall be nominated by the President by and with the advice and consent of the Senate.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The Assistant Administrator shall exercise all necessary powers, subject to the direction of the Administrator of the Law Enforcement Assistance Administration.</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">There shall be in the Office a Deputy Assistant Administrator who shall be appointed by the Administrator of the Law Enforcement Assistance Administration. The Deputy Assistant Administrator shall perform such functions as the Assistant Administrator from time to time assigns or delegates, and shall act as Assistant Administrator during the absence or disability of the Assistant Administrator or in the event of a vacancy in the Office of the Assistant Administrator.</content> </subsection> <subsection class="firstIndent1"> <num value="f">(f) </num> <content class="inline">There shall be established in the Office a Deputy Assistant Administrator who shall be appointed by the Administrator whose function shall be to supervise and direct the National Institute for Juvenile Justice and Delinquency Prevention established under section 241 of this Act.<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 1 125.</p></sidenote></content> </subsection> <subsection class="firstIndent1"> <num value="g">(g) </num> <content class="inline">Section 5108(c) (10) of title 5, United States Code first occurrence, is amended by deleting the word “<quotedText>twenty-two</quotedText>” and inserting in lieu thereof the word “<quotedText>twenty-five</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">personnel, special personnel, experts, and consultants</heading> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Administrator is authorized to select, employ, and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5612">42 USC 5612.</ref></p></sidenote> fix the compensation of such officers and employees, including attorneys, as are necessary to perform the functions vested in him and to prescribe their functions.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The Administrator is authorized to select, appoint, and employ not to exceed three officers and to fix their compensation at rates not to exceed the rate now or hereafter prescribed for GS–18 of the General Schedule by section 5.332 of title 5 of the United States Code.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note.</ref></p></sidenote></content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Upon the request of the Administrator, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of its personnel to the Assistant Administrator to assist him in carrying out his functions under this Act.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The Administrator may obtain services as authorized by section 3109 of title 5 of the United States Code, at rates not to exceed the rate now or hereafter prescribed for GS–18 of the General Schedule by section 5332 of title I of the United States Code.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note.</ref></p></sidenote></content> </subsection> </section> <section> <heading class="smallCaps centered">voluntary service</heading> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <content class="inline">The Administrator is authorized to accept and employ, in<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5613">42 USC 5613.</ref></p></sidenote> carrying out the previsions of this Act, voluntary and uncompensated services notwithstanding the previsions of section 3679(b) of the Revised Statutes (31 U.S.C. 665(b)).</content> </section> <section> <heading class="smallCaps centered">concentration of federal efforts</heading> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Administrator shall implement overall policy and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5614">42 USC 5614.</ref></p></sidenote> develop objectives and priorities for all Federal juvenile delinquency programs and activities relating to prevention, diversion, training, <page identifier="/us/stat/88/1114">88 <inline class="smallCaps">Stat</inline>. 1114</page>treatment, rehabilitation, evaluation, research, and improvement of the juvenile justice system in the United States. In carrying out his functions, the Administrator shall consult with the Council and the National Advisory Committee for Juvenile Justice and Delinquency Prevention.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Duties.</p></sidenote>(b) </num> <chapeau class="inline">In carrying out the purposes of this Act, the Administrator shall—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">advise the President through the Attorney General as to all matters relating to federally assisted juvenile delinquency programs and Federal policies regarding juvenile delinquency;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">assist operating agencies which have direct responsibilities for the prevention and treatment of juvenile delinquency in the development and promulgation of regulations, guidelines, requirements, criteria, standards, procedures, and budget requests in accordance with the policies, priorities, and objectives he establishes;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8">Studies.</p></sidenote>(3) </num> <content class="inline">conduct and support evaluations and studies of the performance and results achieved by Federal juvenile delinquency programs and activities and of the prospective performance and results that might be achieved by alternative programs and activities supplementary to or in lieu of those currently being administered;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">implement Federal juvenile delinquency programs and activities among Federal departments and agencies and between Federal juvenile delinquency programs and activities and other Federal programs and activities which he determines may have an important bearing on the success of the entire Federal juvenile delinquency effort;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5"><sidenote><p class="firstIndent1 fontsize8">Annual analysis and evaluation, submittal to President and Congress.</p></sidenote>(5) </num> <content class="inline">develop annually with the assistance of the Advisory Committee and submit to the President and the Congress, after the first year the legislation is enacted, prior to September 30, an analysis and evaluation of Federal juvenile delinquency programs conducted and assisted by Federal departments and agencies, the expenditures made, the results achieved, the plans developed, and problems in the operations and coordination of such programs. The report shall include recommendations for modifications in organization, management, personnel, standards, budget requests, and implementation plans necessary to increase the effectiveness of these programs;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6"><sidenote><p class="firstIndent1 fontsize8">Annual comprehensive plan, submittal to President and Congress.</p></sidenote>(6) </num> <content class="inline">develop annually with the assistance of the Advisory Committee and submit to the President and the Congress, after the first year the legislation is enacted, prior to March 1, a comprehensive plan for Federal juvenile delinquency programs, with particular emphasis on the prevention of juvenile delinquency and the development of programs and services which will encourage increased diversion of juveniles from the traditional juvenile justice system; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">provide technical assistance to Federal, State, and local governments, courts, public and private agencies, institutions, and individuals, in the planning, establishment, funding, operation, or evaluation of juvenile delinquency programs.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Reports to Congress and Council.</p></sidenote>(c) </num> <content class="inline">The President shall, no later than ninety days after receiving each annual report under subsection (b)(5), submit a report to the Congress and to the Council containing a detailed statement of any action taken or anticipated with respect to recommendations made by each such annual report.</content> </subsection> <page identifier="/us/stat/88/1115">88 <inline class="smallCaps">Stat</inline>. 1115</page> <subsection class="firstIndent1"> <num value="d">(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The first annual report submitted to the President and the<sidenote><p class="firstIndent1 fontsize8">Annual reports, contents.</p></sidenote> Congress by the Administrator under subsection (b) (5) shall contain, in addition to information required by subsection (b) (5), a detailed statement of criteria developed by the Administrator for identifying the characteristics of juvenile delinquency, juvenile delinquency prevention, diversion of youths from the juvenile justice system, and the training, treatment, and rehabilitation of juvenile delinquents.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The second such annual report shall contain, in addition to information required by subsection (b)(5), an identification of Federal programs which are related to juvenile delinquency prevention or treatment, together with a statement of the moneys expended for each such program during the most recent complete fiscal year. Such identification shall be made by the Administrator through the use of criteria developed under paragraph (1).</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">The third such annual report submitted to the President and the Congress by the Administrator under subsection (b)(6) shall contain, in addition to the comprehensive plan required by subsection (b)(6), a detailed statement of procedures to be used with respect to the submission of juvenile delinquency development statements to the Administrator by Federal agencies under subsection (“1”). Such statement submitted by the Administrator shall include a description of information, data, and analyses which shall be contained in each such development statement.</content> </subsection> <subsection class="firstIndent1"> <num value="f">(f) </num> <content class="inline">The Administrator may require, through appropriate authority, departments and agencies engaged in any activity involving any Federal juvenile delinquency program to provide him with such information and reports, and to conduct such studies and surveys, as be may deem to be necessary to carry out the purposes of this part.</content> </subsection> <subsection class="firstIndent1"> <num value="g">(g) </num> <content class="inline">The Administrator may delegate any of his functions under this part, except the making of regulations, to any officer or employee of the Administration.</content> </subsection> <subsection class="firstIndent1"> <num value="h">(h) </num> <content class="inline">The Administrator is authorized to utilize the services and<sidenote><p class="firstIndent1 fontsize8">Federal Government services and facilities, utilization.</p></sidenote> facilities of any agency of the Federal Government and of any other public agency or institution in accordance with appropriate agreements, and to pay for such services either in advance or by way of reimbursement as may be agreed upon.</content> </subsection> <subsection class="firstIndent1"> <num value="i">(i) </num> <content class="inline">The Administrator is authorized to transfer funds appropriated<sidenote><p class="firstIndent1 fontsize8">Transfer of funds.</p></sidenote> under this title to any agency of the Federal Government to develop or demonstrate new methods in juvenile delinquency prevention and rehabilitation and to supplement existing delinquency prevention and rehabilitation programs which the Assistant Administrator finds to be exceptionally effective or for which he finds there exists exceptional need.</content> </subsection> <subsection class="firstIndent1"> <num value="j">(j) </num> <content class="inline">The Administrator is authorized to make grants to, or enter into<sidenote><p class="firstIndent1 fontsize8">Grants and contracts.</p></sidenote> contracts with, any public or private agency, institution, or individual to carry out the purposes of this part.</content> </subsection> <subsection class="firstIndent1"> <num value="k">(k) </num> <content class="inline">All functions of the Administrator tinder this part shall be<sidenote><p class="firstIndent1 fontsize8">Coordination with HEW.</p></sidenote> coordinated as appropriate with the functions of the. Secretary of the Department of Health, Education and Welfare under the Juvenile Delinquency Prevention Act (42 U.S.C. 3801 et seq.).</content> </subsection> <subsection class="firstIndent1"> <num value="l">(l)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Administrator shall require through appropriate<sidenote><p class="firstIndent1 fontsize8">Development statement, submittal to Council.</p></sidenote> authority each Federal agency which administers a Federal juvenile delinquency program which meets any criterion developed by the Administrator under section 204(d)(1) to submit annually to the<sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote> Council a juvenile delinquency development statement. Such statement shall be in addition to any information, report, study, or survey which the Administrator may require under section 204(f).</content> </paragraph> <page identifier="/us/stat/88/1116">88 <inline class="smallCaps">Stat</inline>. 1116</page> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Each juvenile delinquency development statement submitted to the Administrator under subsection (“1”) shall be submitted in accordance with procedures established by the Administrator under section 204(e) and shall contain such information, data, and analyses as the Administrator may require under section 204(e). Such analyses shall include an analysis of the, extent to which the juvenile delinquency program of the Federal agency submitting such development statement conforms with and furthers Federal juvenile delinquency prevention and treatment goals and policies.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8">Juvenile delinquency development statement, review.</p></sidenote>(3) </num> <content class="inline">The Administrator shall review and comment upon each juvenile delinquency development statement transmitted to him under subsection (“1”). Such development statement, together with the comments of the Administrator, shall be included by the Federal agency involved in every recommendation or request made by such agency for Federal legislation which significantly affects juvenile delinquency prevention and treatment.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">joint finding</heading> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5615">42 USC 5615.</ref></p></sidenote> <content class="inline">Notwithstanding any other provision of law, where funds are made available by more than one Federal agency to be used by any agency, organization, institution, or individual to carry out a Federal juvenile delinquency’ program or activity, any’ one of the Federal agencies providing funds may be requested by’ the Administrator to <sidenote><p class="firstIndent1 fontsize8">Non-Federal share requirement.</p><p class="firstIndent1 fontsize8">Establishment.</p></sidenote>act for all in administering the funds advanced. In such cases, a single non-Federal share requirement may be established according to the proportion of funds advanced by each Federal agency, and the Administrator may order any such agency to waive any technical grant or contract requirement (as defined in such regulations) which is inconsistent with the similar requirement of the administering agency or which the administering agency’ does not impose.</content> </section> <section> <heading class="smallCaps centered">coordinating council on juvenile justice and delinquency prevention</heading> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num><sidenote><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5616">42 USC 5616.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">There is hereby established, as an independent organization in the executive branch of the Federal Government a Coordinating Council on Juvenile Justice and Delinquency Prevention <sidenote><p class="firstIndent1 fontsize8">Membership.</p></sidenote>(hereinafter referred to as the “Council”) composed of the Attorney General, the Secretary of Health, Education, and Welfare, the Secretary of Labor, the Director of the Special Action Office for Drug Abuse Prevention, the Secretary of Housing and Urban Development, or their respective designees, the Assistant Administrator of the Office of Juvenile Justice and Delinquency Prevention, the Deputy Assistant Administrator of the Institute for Juvenile Justice and Delinquency Prevention, and representatives of such other agencies as the President shall designate.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Any individual designated under this section shall be selected from individuals who exercise significant decisionmaking authority in the Federal agency involved.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Chairman.</p></sidenote>(b) </num> <content class="inline">The Attorney General shall serve as Chairman of the Council. The Assistant Administrator of the Office of Juvenile Justice and Delinquency Prevention shall serve as Vice Chairman of the Council. The Vice Chairman shall act as Chairman in the absence of the Chairman.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Functions.</p></sidenote>(c) </num> <content class="inline">The function of the Council shall be to coordinate all Federal juvenile delinquency programs. The Council shall make recommendations to the Attorney General and the President at least annually with respect to the coordination of overall policy and development of objectives and priorities for all Federal juvenile delinquency programs and activities.</content> </subsection> <page identifier="/us/stat/88/1117">88 <inline class="smallCaps">Stat</inline>. 1117</page> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The Council shall meet a minimum of six times per year and<sidenote><p class="firstIndent1 fontsize8">Meetings.</p></sidenote> a description of the activities of the Council shall be included in the annual report required by section 204(b) (5) of this title.</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Chairman shall, with the approval of the Council, appoint an Executive Secretary of the Council.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Executive Secretary shall be responsible for the day-to-day administration of the Council.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The Executive Secretary may, with the approval of the Council, appoint such personnel as he considers necessary to carry out the purposes of this title.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="f">(f) </num> <content class="inline">Members of the Council who are employed by the Federal Government full time shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in carrying out the duties of the Council.</content> </subsection> <subsection class="firstIndent1"> <num value="g">(g) </num> <content class="inline">To carry out the purposes of this section there is authorized to<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> be appropriated such sums as may be necessary.</content> </subsection> </section> <section> <heading class="smallCaps centered">advisory committee</heading> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There is hereby established a National Advisory Committee<sidenote><p class="firstIndent1 fontsize8">National Advisory Committee for Juvenile Justice and Delinquency Prevention.</p></sidenote> for Juvenile Justice and Delinquency Prevention (hereinafter referred to as the “Advisory Committee”) which shall consist of twenty-one members.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The members of the Coordinating Council or their respective<sidenote><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5617">42 USC 5617.</ref></p></sidenote> designees shall be ex officio members of the Committee.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The regular members of the Advisory Committee shall be<sidenote><p class="firstIndent1 fontsize8">Membership.</p></sidenote> appointed by the President from persons who by virtue of their training or experience have special knowledge concerning the prevention and treatment of juvenile delinquency or the administration of juvenile justice, such as juvenile or family court judges; probation, correctional, or law enforcement personnel; and representatives of private voluntary organizations and community-based programs. The President shall designate the Chairman. A majority of the members of the Advisory Committee, including the Chairman, shall not be full-time employees of Federal, State, or local governments. At least seven members shall not have attained twenty-six years of age on the date of their appointment.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">Members appointed by the President to the Committee shall<sidenote><p class="firstIndent1 fontsize8">Terms of office.</p></sidenote> serve for terms of four years and shall be eligible for reappointment except that for the first composition of the Advisory Committee, one-third of these members shall be appointed to one-year terms, one-third to two-year terms, and one-third to three-year terms; thereafter each term shall be four years. Such members shall be appointed within ninety days after the date of the enactment of this title. Any members appointee] to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed, shall be appointed for the remainder of such term.</content> </subsection> </section> <section> <heading class="smallCaps centered">duties of the advisory committee</heading> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Advisory Committee shall meet at the call of the<sidenote><p class="firstIndent1 fontsize8">Meetings.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5618">42 USC 5618.</ref></p><p class="firstIndent1 fontsize8">Recommendations to Administrator.</p></sidenote> Chairman, but not less than four times a year.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The Advisory Committee shall make recommendations to the Administrator at least annually with respect to planning, policy, priorities, operations, and management of all Federal juvenile delinquency programs.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The Chairman may designate a subcommittee of the members of the Advisory Committee to advise the Administrator on particular functions or aspects of the work of the Administration.</content> </subsection> <page identifier="/us/stat/88/1118">88 <inline class="smallCaps">Stat</inline>. 1118</page> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The Chairman shall designate a subcommittee of five members of the Committee to serve, together with the Director of the National Institute of Corrections, as members of an Advisory Committee for the National Institute for Juvenile Justice and Delinquency Prevention to perform the functions set forth in section 245 of this title.</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">The Chairman shall designate a subcommittee of five members of the Committee to serve as an Advisory Committee to the Administrator on Standards for the Administration of Juvenile Justice to perform the functions set forth in section 247 of this title.</content> </subsection> <subsection class="firstIndent1"> <num value="f">(f) </num> <content class="inline">The Chairman, with the approval of the Committee, shall appoint such personnel as are necessary to carry out the duties of the Advisory Committee.</content> </subsection> </section> <section> <heading class="smallCaps centered">compensation and expenses</heading> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5619">42 USC 5619.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Members of the Advisory Committee who are employed by the Federal Government full time shall serve without compensation but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in carrying out the duties of the Advisory Committee.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Members of the Advisory Committee not employed full time by the Federal Government shall receive compensation at a rate not to exceed the rate now or hereafter prescribed for GS–18 of the General <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note.</ref></p></sidenote>Schedule by section 5332 of title 5 of the United States Code, including traveltime for each day they are engaged in the performance of their duties as members of the Advisory Committee. Members shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out the duties of the Advisory Committee.</content> </subsection> </section> </part> <part> <num value="B"><inline class="smallCaps">Part B</inline>—</num> <heading class="inline"><inline class="smallCaps">Federal Assistance for State and Local Programs</inline></heading> <subpart> <num value="I">Subpart I—</num> <heading class="inline">Formula Grants</heading> <section> <num value="221"><inline class="smallCaps">Sec</inline>. 221. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5631">42 USC 5631.</ref></p></sidenote> <content class="inline">The Administrator is authorized to make grants to States and local governments to assist them in planning, establishing, operating, coordinating, and evaluating projects directly or through contracts with public and private agencies for the development of more effective education, training, research, prevention, diversion, treatment, and rehabilitation programs in the area of juvenile delinquency and programs to improve the juvenile justice system.</content> </section> <section> <heading class="smallCaps centered">allocation</heading> <num value="222"><inline class="smallCaps">Sec</inline>. 222. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5632">42 USC 5632.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">In accordance with regulations promulgated under this part, funds shall be allocated annually among the States on the basis of relative population of people under age eighteen. No such allotment to any State shall be less than $200,000, except that for the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands no allotment shall be less than $50,000.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Reallocation of funds.</p></sidenote>(b) </num> <content class="inline">Except for funds appropriated for fiscal year 1975, if any amount so allotted remains unobligated at the end of the fiscal year, such funds shall be reallocated in a manner equitable and consistent with the purpose of this part. Funds appropriated for fiscal year 1975 may be obligated in accordance with subsection (a) until June 30, 1976, after which time they may be reallocated. Any amount so reallocated shall be in addition to the amounts already allotted and available to the State, the Virgin Islands, American Samoa. Guam, and the Trust Territory of the Pacific Islands for the same period.</content> </subsection> <page identifier="/us/stat/88/1119">88 <inline class="smallCaps">Stat</inline>. 1119</page> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">In accordance with regulations promulgated under this part, a portion of any allotment to any State under this part shall be available to develop a State plan and to pay that portion of the expenditures which are necessary for efficient administration. Not more than 15 per centum of the total annual allotment of such State shall be available for such purposes. The State shall make available needed funds for planning and administration to local governments within the State on an equitable basis.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">Financial assistance extended under the provisions of this section<sidenote><p class="firstIndent1 fontsize8">Financial assistance, limitation.</p></sidenote> shall not exceed 90 per centum of the approved costs of any assisted programs or activities. The non-Federal share shall be made in cash or kind consistent with the maintenance of programs required by section 261.</content> </subsection> </section> <section> <heading class="smallCaps centered">state plans</heading> <num value="223"><inline class="smallCaps">Sec</inline>. 223. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">In order to receive formula grants under this part, a<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5633">42 USC 5633.</ref></p></sidenote> State shall submit a plan for carrying out its purposes consistent with the provisions of section 303(a), (1), (3), (5), (6). (8), (10), (11), (12), and (15) of title I of the Omnibus Crime Control and Safe Streets Act of 1968. In accordance with regulations established under<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3733">42 USC 3733.</ref></p><p class="firstIndent1 fontsize8">Requirements.</p></sidenote> this title, such plan must—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">designate the State planning agency established by the State under section 203 of such title I as the sole agency for supervising<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3723">42 USC 3723.</ref></p></sidenote> the preparation and administration of the plan;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">contain satisfactory evidence that the State agency designated in accordance with paragraph (1) (hereafter referred to in this part as the “State planning agency”) has or will have authority, by legislation if necessary, to implement such plan in conformity with this part;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">provide for an advisory group appointed by the chief executive<sidenote><p class="firstIndent1 fontsize8">Advisory group.</p></sidenote> of the State to advise the State planning agency and its supervisory board (A) which shall consist of not less than twenty-one and not more than thirty-three persons who have training, experience, or special knowledge concerning the prevention and treatment of a juvenile delinquency or the administration of juvenile justice, (B) which shall include representation of units of local government, law enforcement and juvenile justice agencies such as law enforcement, correction or probation personnel, and juvenile or family court judges, and public agencies concerned with delinquency prevention or treatment such as welfare, social services, mental health, education, or youth services departments, (C) which shall include representatives of private organizations concerned with delinquency prevention or treatment; concerned with neglected or dependent children; concerned with the quality of juvenile justice, education, or social services for children; which utilize volunteers to work with delinquents or potential delinquents: community-based delinquency prevention or treatment programs: and organizations which represent employees affected by this Act. (D) a majority of whose members (including the chairman) shall not be full-time employees of the Federal. State, or local government, and (E) at least one-third of whose members shall be under the age of twenty-six at the time of appointment;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">provide for the active consultation with and participation<sidenote><p class="firstIndent1 fontsize8">Consultation with local governments.</p></sidenote> of local governments in the development of a State plan which adequately takes into account the needs and requests of local governments;</content> </paragraph> <page identifier="/us/stat/88/1120">88 <inline class="smallCaps">Stat</inline>. 1120</page> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">provide that at least 66% per centum of the funds received by the State, under section 222 shall be expended through programs of local government insofar as they are consistent with the State plan, except that this provision may be waived at the discretion of the Administrator for any State if the services for delinquent or potentially delinquent youth are organized primarily on a statewide basis;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">provide that the chief executive officer of the local government shall assign responsibility for the preparation and administration of the local government’s part of a State plan, or for the supervision of the preparation and administration of the local government’s paid of the State plan, to that agency within the local government’s structure (hereinafter in this part referred to as the “local agency”) which can most effectively carry out the purposes of this part and shall provide for supervision of the programs funded under this part by that local agency;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">provide for an equitable distribution of the assistance received under sect ion 222 within the State;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8"><sidenote><p class="firstIndent1 fontsize8">Study.</p></sidenote>(8) </num> <content class="inline">set, forth a detailed study of the. State needs for an effective, comprehensive, coordinated approach to juvenile delinquency prevention and treatment and the improvement of the juvenile justice system. This plan shall include itemized estimated costs for the development and implementation of such programs;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">(9) </num> <content class="inline">provide for the active consultation with and participation of private agencies in the development and execution of the State plan; and provide for coordination and maximum utilization of existing juvenile delinquency programs and other related programs, such as education, health, and welfare within the State;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">(10) </num> <chapeau class="inline">provide that not less than 75 per centum of the funds available to such State under section 222, whether expended directly by the State or by the local government or through contracts with public or private agencies, shall be used for advanced techniques in developing, maintaining, and expanding programs and services designed to prevent juvenile delinquency, to divert juveniles from the juvenile justice system, and to provide community-based alternatives to juvenile detention and correctional <sidenote><p class="firstIndent1 fontsize8">Advanced techniques.</p></sidenote>facilities. That advanced techniques include—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">community-based programs and services for the prevention and treatment of juvenile delinquency through the development of foster-care and shelter-care homes, group homes, halfway houses, homemaker and home health services, and any other designated community-based diagnostic, treatment, or rehabilitative service;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">community-based programs and services to work with parents and other family members to maintain and strengthen the family unit so that the juvenile may be retained in his home;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">youth service bureaus and other community-based programs to divert youth from the juvenile court, or to support, counsel, or provide work and recreational opportunities for delinquents and youth in danger of becoming delinquent;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">comprehensive programs of drug and alcohol abuse education and prevention and programs for the treatment and rehabilitation of drug addicted youth, and “drug dependent” youth (as defined in section 2(q) of the Public Health Service Act (42U.S.C.201 (q)));</content> </subparagraph> <page identifier="/us/stat/88/1121">88 <inline class="smallCaps">Stat</inline>. 1121</page> <subparagraph class="indent2 fontsize10"> <num value="E">(E) </num> <content class="inline">educational programs or supportive services designed to keep delinquents and to encourage other youth to remain in elementary and secondary schools or in alternative learning situations;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">(F) </num> <content class="inline">expanded use of probation and recruitment and training of probation officers, other professional and paraprofessional personnel and volunteers to work effectively with youth;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="G">(G) </num> <content class="inline">youth initiated programs and outreach programs designed to assist youth who otherwise would not be reached by assistance programs;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="H">(H) </num> <chapeau class="inline">provides for a statewide program through the use of probation subsidies, other subsidies, other financial incentives or disincentives to units of local government, or other effective means, that may include but are not limited to programs designed to—</chapeau> <clause class="indent3 fontsize10"> <num value="i">(i) </num> <content class="inline">reduce the number of commitments of juveniles to any form of juvenile facility as a percentage of the State juvenile population;</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">(ii) </num> <content class="inline">increase the use of nonsecure community-based facilities as a percentage of total commitments to juvenile facilities; and</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">(iii) </num> <content class="inline">discourage the use of secure incarceration and detention;</content> </clause> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="11">(11) </num> <content class="inline">provides for the development of an adequate research, training, and evaluation capacity within the State;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="12">(12) </num> <content class="inline">provide within two years after submission of the plan that juveniles who are charged with or who have committed offenses that would not be criminal if committed by an adult, shall not be placed in juvenile detention or correctional facilities, but must be placed in shelter facilities;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="13">(13) </num> <content class="inline">provide that juveniles alleged to be or found to be delinquent shall not be detained or confined in any institution in which they have regular contact with adult persons incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="14">(14) </num> <content class="inline">provide for an adequate system of monitoring jails, detention facilities, and correctional facilities to insure that the requirements of section 223 (12) and (13) are met, and for annual reporting of the results of such monitoring to the Administrator;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="15">(15) </num> <content class="inline">provide assurance that assistance will be available on an equitable basis to deal with all disadvantaged youth including, but not limited to, females, minority youth, and mentally retarded and emotionally or physically handicapped youth;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="16">(16) </num> <content class="inline">provide for procedures to be established for protecting the rights of recipients of services and for assuring appropriate privacy with regard to records relating to such services provided to any individual under the State plan;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="17">(17) </num> <chapeau class="inline">provide that fair and equitable arrangements are made to protect the interests of employees affected by assistance under this Act. Such protective arrangements shall, to the maximum extent feasible, include, without being limited to, such provisions as may be necessary for—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">the preservation or rights, privileges, and benefits (including continuation of pension rights and benefits) under existing collective-bargaining agreements or otherwise;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">the continuation of collective-bargaining rights;</content> </subparagraph> <page identifier="/us/stat/88/1122">88 <inline class="smallCaps">Stat</inline>. 1122</page> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">the protection of individual employees against a worsening of their positions with respect to their employment;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">assurances of employment to employees of any State or political subdivision thereof who will be affected by any program funded in whole or in part under provisions of this Act;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">(E) </num> <content class="inline">training or retraining programs.</content> </subparagraph> <continuation class="fontsize10">The State plan shall provide for the terms and conditions of the protection arrangements established pursuant to this section;</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="18">(18) </num> <content class="inline">provide for such fiscal control and fund accounting procedures necessary to assure prudent use, proper disbursement, and accurate accounting of funds received under this title;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="19">(19) </num> <content class="inline">provide reasonable assurance that Federal funds made available under this part for any period will be so used as to supplement and increase (but not supplant), to the extent feasible and practical, the level of the State, local, and other non-Federal funds that would in the absence of such Federal funds be made available for the programs described in this part, and will in no event replace such State, local, and other non-Federal funds;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="20">(20) </num> <content class="inline">provide that the State planning agency will from time to time, but not less often then annually, review its plan and submit to the Administrator an analysis and evaluation of the effectiveness of the programs and activities carried out under the plan, and any modifications in the plan, including the survey of State and local needs, which it considers necessary; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="21">(21) </num> <content class="inline">contain such other terms and conditions as the Administrator may reasonably prescribe to assure the effectiveness of the programs assisted under this title.</content> </paragraph> <continuation class="fontsize10">Such plan may at the discretion of the Administrator be incorporated into the plan specified in 303(a) of the Omnibus Crime Control and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3733">42 USC 3733.</ref></p></sidenote>Safe Streets Act.</continuation> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The State planning agency designated pursuant to section <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1119.</p></sidenote>223(a), after consultation with the advisory group referred to in section 223(a), shall approve the State plan and any modification thereof prior to submission to the Administrator.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">State plan, approval.</p></sidenote>(c) </num> <content class="inline">The Administrator shall approve any State plan and any modification thereof that meets the requirements of this section.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">In the event that any State fails to submit a plan, or submits a <sidenote><p class="firstIndent1 fontsize8">Notice and hearing.</p></sidenote>plan or any modification thereof, which the Administrator, after reasonable notice and opportunity for hearing, in accordance with sections <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3757–3759">42 USC 3757–3759.</ref></p></sidenote>509, 510, and 511 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, determines does not meet the requirements of this section, the Administrator shall make that State’s allotment under the provisions of section 222(a) available to public and private agencies for special emphasis prevention and treatment programs as defined in section 224.</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">In the event the plan does not meet the requirements of this section due to oversight or neglect, rather than explicit and conscious decision, the Administrator shall endeavor to make that State’s allotment under the provisions of section 222(a) available to public and private agencies in that State for special emphasis prevention and treatment programs as defined in section 224.</content> </subsection> </section> </subpart> <subpart> <num value="II">Subpart II—</num> <heading class="inline">Special Emphasis Prevention and Treatment Programs</heading> <section> <num value="224"><inline class="smallCaps">Sec</inline>. 224. </num><sidenote><p class="firstIndent1 fontsize8">Grants and contracts.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5634">42 USC 5634.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Administrator is authorized to make giants to and enter into contracts with public and private agencies, organizations, institutions, or individuals to—</chapeau> <page identifier="/us/stat/88/1123">88 <inline class="smallCaps">Stat</inline>. 1123</page> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">develop and implement new approaches, techniques, and methods with respect to juvenile delinquency programs;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">develop and maintain community-based alternatives to traditional forms of institutionalization;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">develop and implement effective means of diverting juveniles from the traditional juvenile justice and correctional system;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">improve the capability of public and private agencies and organizations to provide services for delinquents and youths in danger of becoming delinquent;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">facilitate the adoption of the recommendations of the Advisory Committee on Standards for Juvenile Justice and the Institute as set forth pursuant to section 247; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">develop and implement model programs and methods to keep students in elementary and secondary schools and to prevent unwarranted and arbitrary suspensions and expulsions.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Not less than 25 per centum or more than 50 per centum of the funds appropriated for each fiscal year pursuant to this part shall be available only for special emphasis prevention and treatment grants and contracts made pursuant to this section.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">At least 20 per centum of the funds available for grants and contracts made pursuant to this section shall be available for grants and contracts to private nonprofit agencies, organizations, or institutions who have had experience in dealing with youth.</content> </subsection> </section> <section> <heading class="smallCaps centered">considerations for approval of applications</heading> <num value="225"><inline class="smallCaps">Sec</inline>. 225. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Any agency, institution, or individual desiring to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5635">42 USC 5635.</ref></p></sidenote> receive a grant, or enter into any contract under section 224, shall submit an application at such time, in such manner, and containing or accompanied by such information as the Administrator may prescribe,</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">In accordance with guidelines established by the Administrator, each such application shall—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">provide that the program for which assistance is sought will be administered by or under the supervision of the applicant;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">set forth a program for carrying out one or more of the purposes set forth in section 224;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">provide for the proper and efficient administration of such program;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">provide for regular evaluation of the program;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">indicate that the applicant has requested the review of the application from the State planning agency and local agency designated in section 223, when appropriate, and indicate the response of such agency to the request for review and comment on the application;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">provide that regular reports on the program shall be sent<sidenote><p class="firstIndent1 fontsize8">Reports.</p></sidenote> to the Administrator and to the State planning agency and local agency, when appropriate;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">provide for such fiscal control and fund accounting procedures<sidenote><p class="firstIndent1 fontsize8">Fiscal control and fund accounting.</p></sidenote> as may be necessary to assure prudent use, proper disbursement, and accurate accounting of funds received under this title; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">(8) </num> <content class="inline">indicate the response of the State agency or the local agency to the request for review and comment on the application.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <chapeau class="inline">In determining whether or not to approve applications for grants under section 224, the Administrator snail consider—</chapeau> <page identifier="/us/stat/88/1124">88 <inline class="smallCaps">Stat</inline>. 1124</page> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the relative cost and effectiveness of the proposed program in effectuating the purposes of this part;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the extent to which the proposed program will incorporate new or innovative techniques;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the extent to which the proposed program meets the objectives and priorities of the State plan, when a State plan has been approved by the Administrator under section 223(c) and when the location and scope of the program makes such consideration appropriate;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the increase in capacity of the public and private agency, institution, or individual to provide services to delinquents or youths in danger of becoming delinquents;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">the extent to which the proposed project serves communities which have high rates of youth unemployment, school dropout, and delinquency; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">the extent to which the proposed program facilitates the implementation of the recommendations of the Advisory Committee on Standards for Juvenile Justice as set forth pursuant to section 247.</content> </paragraph> </subsection> </section> <level> <heading class="centered">GENERAL PROVISIONS</heading> <section> <heading class="smallCaps centered">withholding</heading> <num value="226"><inline class="smallCaps">Sec</inline>. 226. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5636">42 USC 5636.</ref></p></sidenote> <chapeau class="inline">Whenever the Administrator, after giving reasonable notice and opportunity for hearing to a recipient of financial assistance under this title, finds—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">that the program or activity for which such grant was made has been so changed that it no longer complies with the provisions of this title; or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">that in the operation of the program or activity there is failure to comply substantially with any such provision;</content> </paragraph> <continuation class="fontsize10">the Administrator shall initiate such proceedings as are appropriate.</continuation> </section> <section> <heading class="smallCaps centered">use of funds</heading> <num value="227"><inline class="smallCaps">Sec</inline>. 227. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5637">42 USC 5637.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Funds paid pursuant to this title to any State, public or private agency, institution, or individual (whether directly or through a State or local agency) may be used for—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">planning, developing, or operating the program designed to carry out the purposes of this part; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Limitations.</p></sidenote>(2) </num> <content class="inline">not more than 50 per centum of the cost of the construction of innovative community-based facilities for less than twenty persons which? in the judgment of the Administrator, are necessary for carrying out the purposes of this part.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Except as provided by subsection (a), no funds paid to any public or private agency, institution, or individual under this part (whether directly or through a State agency or local agency) may be used for construction.</content> </subsection> </section> <section> <heading class="smallCaps centered">payments</heading> <num value="228"><inline class="smallCaps">Sec</inline>. 228. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5638">42 USC 5638.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">In accordance with criteria established by the Administrator, it is the policy of Congress that programs funded under this title shall continue to receive financial assistance providing that the yearly evaluation of such programs is satisfactory.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">At the discretion of the Administrator, when there is no other way to fund an essential juvenile delinquency program not funded under this part, the State may utilize 25 per centum of the formula <page identifier="/us/stat/88/1125">88 <inline class="smallCaps">Stat</inline>. 1125</page>grant funds available to it under this part to meet the non-Federal matching share requirement for any other Federal juvenile delinquency program grant.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Whenever the Administrator determines that it will contribute to the purposes of this part, he may require the recipient of any grant or contract to contribute money, facilities, or services.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">Payments under this part, pursuant to a grant or contract, may be made (after necessary adjustment, in the case of grants, on account of previously made overpayments or underpayments) in advance or by way of reimbursements, in such installments and on such conditions as the Administrator may determine.</content> </subsection> </section> </level> </subpart> </part> <part> <num value="C"><inline class="smallCaps">Part C</inline>—</num> <heading class="inline"><inline class="smallCaps">National Institute for Juvenile Justice and Delinquency Prevention</inline></heading> <section> <num value="241"><inline class="smallCaps">Sec</inline>. 241. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There is hereby established within the Juvenile Justice<sidenote><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5651">42 USC 5651.</ref></p></sidenote> and Delinquency Prevention Office a National Institute for Juvenile Justice and Delinquency Prevention.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The National Institute for Juvenile Justice and Delinquency Prevention shall be under the supervision and direction of the Assistant Administrator, and shall be headed by a Deputy Assistant Administrator of the Office appointed under section 201(f).</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The activities of the National Institute for Juvenile Justice and Delinquency Prevention shall be coordinated with the activities of the National Institute of Law Enforcement and Criminal Justice in accordance with the requirements of section 201(b).</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The Administrator shall have responsibility for the administration of the organization, employees, enrollees, financial affairs, and other operations of the Institute.</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">The Administrator may delegate his power under the Act to such employees of the Institute as he deems appropriate.</content> </subsection> <subsection class="firstIndent1"> <num value="f">(f) </num> <content class="inline">It shall be the purpose of the Institute to provide a coordinating<sidenote><p class="firstIndent1 fontsize8">Data collection.</p></sidenote> center for the collection, preparation, and dissemination of useful data regarding the treatment and control of juvenile offenders, and it shall also be the purpose of the Institute to provide training for representatives<sidenote><p class="firstIndent1 fontsize8">Training.</p></sidenote> of Federal. State, and local law enforcement officers, teachers, and other educational personnel, juvenile welfare workers, juvenile judges and judicial personnel, probation personnel, correctional personnel and other persons, including lay personnel, connected with the treatment and control of juvenile offenders.</content> </subsection> <subsection class="firstIndent1"> <num value="g">(g) </num> <chapeau class="inline">In addition to the other powers, express and implied, the Institute<sidenote><p class="firstIndent1 fontsize8">Additional powers.</p></sidenote> may—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">request any Federal agency to supply such statistics, data, program reports, and other material as the Institute deems necessary to carry out its functions;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">arrange with and reimburse the heads of Federal agencies for the use of personnel or facilities or equipment of such agencies;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">confer with and avail itself of the cooperation, services, records, and facilities of State, municipal, or other public or private local agencies;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">enter into contracts with public or private agencies, organizations, or individuals, for the partial performance of any functions of the Institute; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">compensate consultants and members of technical advisory councils who are not in the regular full-time employ of the United States, at a rate now or hereafter prescribed for GS–18 of the General Schedule by section 5332 of title 5 of the United States <page identifier="/us/stat/88/1126">88 <inline class="smallCaps">Stat</inline>. 1126</page><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note.</ref></p></sidenote>Code and while away from home, or regular place of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code for persons in the Government service employed intermittently.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Any Federal agency which receives a request from the Institute under subsection (g)(1) may cooperate with the Institute and shall, to the maximum extent practicable, consult with and furnish information and advice to the Institute.</content> </subsection> </section> <section> <heading class="smallCaps centered">information function</heading> <num value="242"><inline class="smallCaps">Sec</inline>. 242. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5652">42 USC 5652.</ref></p></sidenote> <chapeau class="inline">The National Institute, for Juvenile Justice and Delinquency Prevention is authorized to—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">serve as an information bank by collecting systematically and synthesizing the data and knowledge obtained from studies and research by public and private agencies, institutions, or individuals concerning all aspects of juvenile delinquency, including the prevention and treatment of juvenile delinquency;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Information clearinghouse.</p></sidenote>(2) </num> <content class="inline">serve as a clearinghouse and information center for the preparation, publication, and dissemination of all information regarding juvenile delinquency, including State and local juvenile delinquency prevention and treatment programs and plans, availability of resources, training and educational programs, statistics, and other pertinent data and information.</content> </paragraph> </section> <section> <heading class="smallCaps centered">research, demonstration, and evaluation functions</heading> <num value="243"><inline class="smallCaps">Sec</inline>. 243. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5653">42 USC 5653.</ref></p></sidenote> <chapeau class="inline">The National Institute for Juvenile Justice and Delinquency Prevention is authorized to—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">conduct, encourage, and coordinate research and evaluation into any aspect of juvenile delinquency, particularly with regard to new programs and methods which show promise of making a contribution toward the prevention and treatment of juvenile delinquency;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">encourage the development of demonstration projects in new, innovative techniques and methods to prevent and treat juvenile delinquency;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">provide for the evaluation of all juvenile delinquency programs assisted under this title in order to determine the results and the effectiveness of such programs;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">provide for the evaluation of any other Federal, State, or local juvenile delinquency program, upon the request of the Administrator;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">prepare, in cooperation with educational institutions, Federal, State, and local agencies, and appropriate individuals and private agencies, such studies as it considers to be necessary with respect to the prevention and treatment of juvenile delinquency and related matters, including recommendations designed to promote effective prevention and treatment;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">disseminate the results of such evaluations and research and demonstration activities particularly to persons actively working in the field of juvenile delinquency; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">disseminate pertinent data and studies (including a periodic journal) to individuals, agencies, and organizations concerned with the prevention and treatment of juvenile delinquency.</content> </paragraph> </section> <page identifier="/us/stat/88/1127">88 <inline class="smallCaps">Stat</inline>. 1127</page> <section> <heading class="smallCaps centered">training functions</heading> <num value="244"><inline class="smallCaps">Sec</inline>. 244. </num> <chapeau class="inline">The National Institute for Juvenile Justice and Delinquency<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5654">42 USC 5654.</ref></p></sidenote> Prevention is authorized to—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">develop, conduct, and provide for training programs for the training of professional, paraprofessional, and volunteer personnel, and other persons who are or who are preparing to work with juveniles and juvenile offenders;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">develop, conduct, and provide for seminars, workshop, and training programs in the latest proven effective techniques and methods of preventing and treating juvenile delinquency for law enforcement officers, juvenile judges, and other court personnel, probation officers, correctional personnel, and other Federal, State, and local government personnel who are engaged in work relating to juvenile delinquency;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">devise and conduct a training program, in accordance with the provisions of sections 249, 250, and 251, of short-term instruction in the latest proven-effective methods of prevention, control, and treatment of juvenile delinquency for correctional and law enforcement personnel, teachers and other educational personnel, juvenile welfare workers, juvenile, judges and judicial personnel, probation officers, and other persons (including lay personnel) connected with the prevention and treatment of juvenile delinquency; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">develop technical training teams to aid in the development of training programs in the States and to assist State and local agencies which work directly with juveniles and juvenile offenders.</content> </paragraph> </section> <section> <heading class="smallCaps centered">institute advisory committee</heading> <num value="245"><inline class="smallCaps">Sec</inline>. 245. </num> <content class="inline">The Advisory Committee for the National Institute for<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5655">42 USC 5655.</ref></p></sidenote> Juvenile Justice and Delinquency Prevention established in section 208(d) shall advise, consult with, and make recommendations to the Deputy Assistant Administrator for the National Institute for Juvenile Justice and Delinquency Prevention concerning the overall policy and operations of the Institute.</content> </section> <section> <heading class="smallCaps centered">annual report</heading> <num value="246"><inline class="smallCaps">Sec</inline>. 246. </num> <content class="inline">The Deputy Assistant Administrator for the National<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5656">42 USC 5656.</ref></p></sidenote> Institute for Juvenile Justice and Delinquency Prevention shall develop annually and submit to the Administrator after the first year the legislation is enacted, prior to June 30, a report on research, demonstration, training, and evaluation programs funded under this title, including a review of the results of such programs, an assessment of the application of such results to existing and to new juvenile delinquency programs, and detailed recommendations for future research, demonstration, training, and evaluation programs. The Administrator<sidenote><p class="firstIndent1 fontsize8">Report to President and Congress.</p></sidenote> shall include a summary of these results and recommendations in his report to the President and Congress required by section 204(b) (5).</content> </section> <section> <heading class="smallCaps centered">development of standards for juvenile justice</heading> <num value="247"><inline class="smallCaps">Sec</inline>. 247. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The National Institute for Juvenile Justice and Delinquency<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5657">42 USC 5657.</ref></p></sidenote> Prevention, under the supervision of the Advisory Committee on Standards for Juvenile Justice established in section 208(e), shall review existing reports, data, and standards, relating to the juvenile justice system in the United States.</content> </subsection> <page identifier="/us/stat/88/1128">88 <inline class="smallCaps">Stat</inline>. 1128</page> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Report to President and Congress.</p></sidenote>(b) </num> <chapeau class="inline">Not later than one year after the passage of this section, the Advisory Committee shall submit to the President and the Congress a report which, based on recommended standards for the administration of juvenile justice at the Federal, State, and local level—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">recommends Federal action, including but not limited to administrative and legislative action, required to facilitate the adoption of these standards throughout the United States; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">recommends State and local action to facilitate the adoption of these standards for juvenile justice at the State and local level.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Information, availability.</p></sidenote>(c) </num> <content class="inline">Each department, agency, and instrumentality of the executive branch of the Government, including independent agencies, is authorized and directed to furnish to the Advisory Committee such information as the Committee deems necessary to carry out its functions under this section.</content> </subsection> </section> <section> <num value="248"><inline class="smallCaps">Sec</inline>. 248. </num><sidenote><p class="firstIndent1 fontsize8">Records, disclosure or transfer, restriction.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5658">42 USC 5658.</ref></p></sidenote> <content class="inline">Records containing the identity of individual juveniles gathered for purposes pursuant to this title may under no circumstances be disclosed or transferred to any individual or other agency, public, or private.</content> </section> <section> <heading class="smallCaps centered">establishment of training program</heading> <num value="249"><inline class="smallCaps">Sec</inline>. 249. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5659">42 USC 5659.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Administrator shall establish within the Institute a training program designed to train enrollees with respect to methods and techniques for the prevention and treatment of juvenile delinquency. In carrying out this program the Administrator is authorized to make use of available State and local services, equipment, personnel, facilities, and the like.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Enrollees in the training program established under this section shall be drawn from correctional and law enforcement personnel, teachers and other educational personnel, juvenile welfare workers, juvenile judges and judicial personnel, probation officers, and other persons (including lay personnel) connected with the prevention and treatment of juvenile delinquency.</content> </subsection> </section> <section> <heading class="smallCaps centered">curriculum for training program</heading> <num value="250"><inline class="smallCaps">Sec</inline>. 250. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5660">42 USC 5660.</ref></p></sidenote> <content class="inline">The Administrator shall design and supervise a curriculum for the training program established by section 249 which shall utilize an interdisciplinary approach with respect to the prevention of juvenile delinquency, the treatment of juvenile delinquents, and the diversion of youths from the juvenile justice system. Such curriculum shall be appropriate to the needs of the enrollees of the training program.</content> </section> <section> <heading class="smallCaps centered">enrollment for training program</heading> <num value="251"><inline class="smallCaps">Sec</inline>. 251. </num><sidenote><p class="firstIndent1 fontsize8">Application.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5661">42 USC 5661.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Any person seeking to enroll in the training program established under section 249 shall transmit an application to the Administrator, in such form and according to such procedures as the Administrator may prescribe.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The Administrator shall make the final determination with respect to the admittance of any person to the training program. The Administrator, in making such determination, shall seek to assure that persons admitted to the training program are broadly representative of the categories described in section 249(b).</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num><sidenote><p class="firstIndent1 fontsize8">Travel expenses.</p></sidenote> <content class="inline">While studying at the Institute and while traveling in connection with his study (including authorized field trips), each person enrolled in the Institute shall be allowed travel expenses and a per <page identifier="/us/stat/88/1129">88 <inline class="smallCaps">Stat</inline>. 1129</page>diem allowance in the same manner as prescribed for persons employed intermittently in the Government service under section 5703(b) of title 5, United States Code.</content> </subsection> </section> </part> <part> <num value="D"><inline class="smallCaps">Part D</inline>—</num> <heading class="inline"><inline class="smallCaps">Authorization of Appropriations</inline></heading> <section> <num value="261"><inline class="smallCaps">Sec</inline>. 261. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">To carry out the purposes of this title there is authorized<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5671">42 USC 5671.</ref></p></sidenote> to be appropriated $75,000,000 for the fiscal year ending June 30, 1975, $125,000,000 for the fiscal year ending June 30, 1976, and $150,000,000 for the fiscal year ending June 30, 1977.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">In addition to the funds appropriated under this section, the<sidenote><p class="firstIndent1 fontsize8">Additional funds.</p></sidenote> Administration shall maintain from other Law Enforcement Assistance Administration appropriations other than the appropriations for administration, at least the same level of financial assistance for juvenile delinquency programs assisted by the Law Enforcement Assistance Administration during fiscal year 1972.</content> </subsection> </section> <section> <heading class="smallCaps centered">nondiscrimination provisions</heading> <num value="262"><inline class="smallCaps">Sec</inline>. 262. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">No financial assistance for any program under this<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5672">42 USC 5672.</ref></p></sidenote> Act shall be provided unless the grant, contract, or agreement with respect to such program specifically provides that no recipient of funds will discriminate as provided in subsection (b) with respect to any such program.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">No person in the United States shall on the ground of race, creed, color, sex, or national origin be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any program or activity receiving assistance under this Act. The provisions of the preceding sentence shall be enforced in accordance with section 603 of the Civil Rights Act of 1964. Section 603 of such Act shall apply with respect<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2000d–2">42 USC 2000d–2.</ref></p></sidenote> to any action taken to enforce such sentence. This section shall not be construed as affecting any other legal remedy that a person may have if such person is excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with any program or activity receiving assistance under this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">effective clause</heading> <num value="263"><inline class="smallCaps">Sec</inline>. 263. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Except as provided by subsection (b), the foregoing<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5601">42 USC 5601 note.</ref></p></sidenote> provisions of this Act shall take effect on the date of enactment of this Act.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 204(b) (5) and 204(b) (6) shall become effective at the close of the thirty-first day of the twelfth calendar month of 1974. Section 204(1) shall become effective at the close of the thirty-first day of the eighth calendar month of 1976.</content> </subsection> </section> </part> <num value="III">TITLE III—</num> <heading class="inline">RUNAWAY YOUTH</heading><sidenote><p class="firstIndent1 fontsize8">Runaway Youth Act.</p></sidenote> <section> <heading class="smallCaps centered">short title</heading> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <content class="inline">This title may be cited as the “<shortTitle role="title">Runaway Youth Act</shortTitle>”.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5701">42 USC 5701 note.</ref></p></sidenote></content> </section> <section> <heading class="smallCaps centered">findings</heading> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <chapeau class="inline">The Congress hereby finds that—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5701">42 USC 5701.</ref></p></sidenote></chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the number of juveniles who leave and remain away from home without parental permission has increased to alarming proportions, creating a substantial law enforcement problem for the <page identifier="/us/stat/88/1130">88 <inline class="smallCaps">Stat</inline>. 1130</page>communities inundated, and significantly endangering the young people who are without resources and live on the street;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the exact nature of the problem is not well defined because national statistics on the size and profile of the runaway youth population are not tabulated;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">many such young people, because of their age and situation, are urgently in need of temporary shelter and counseling services;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the problem of locating, detaining, and returning runaway children should not be the responsibility of already overburdened police departments and juvenile justice authorities; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">in view of the interstate nature of the problem, it is the responsibility of the Federal Government to develop accurate reporting of the problem nationally and to develop an effective system of temporary care outside the law enforcement structure.</content> </paragraph> </section> <section> <heading class="smallCaps centered">rules</heading> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5702">42 USC 5702.</ref></p></sidenote> <content class="inline">The Secretary of Health. Education, and Welfare (hereinafter referred to as the “Secretary”) may prescribe such rules as he considers necessary or appropriate to carry out the purposes of this title.</content> </section> <part> <num value="A">Part A—</num> <heading class="inline">Grants Program</heading> <section> <heading class="smallCaps centered">purposes of grant program</heading> <num value="311"><inline class="smallCaps">Sec</inline>. 311. </num><sidenote><p class="firstIndent1 fontsize8">Localities and nonprofit agencies, assistance.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5711">42 USC 5711.</ref></p></sidenote> <content class="inline">The Secretary is authorized to make grants and to provide technical assistance to localities and nonprofit private agencies in accordance with the provisions of this part. Grants under this part shall be made for the purpose of developing local facilities to deal primarily with the immediate needs of runaway youth in a manner which is outside the law enforcement structure and juvenile justice system. The size of such grant shall be determined by the number of runaway youth in the community and the existing availability of services. Among applicants priority shall be given to private organizations or institutions which have had past experience in dealing with runaway youth.</content> </section> <section> <heading class="smallCaps centered">eligibility</heading> <num value="312"><inline class="smallCaps">Sec</inline>. 312. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5712">42 USC 5712.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">To be eligible for assistance under this part, an applicant shall propose to establish, strengthen, or fund an existing or proposed runaway house, a locally controlled facility providing temporary shelter, and counseling services to juveniles who have left home without permission of their parents or guardians.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">In order to qualify for assistance under this part, an applicant shall submit a plan to the Secretary meeting the following requirements <sidenote><p class="firstIndent1 fontsize8">Runaway house, requirements.</p></sidenote>and including the following information. Each house—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">shall be located in an area which is demonstrably frequented by or easily reachable by runaway youth;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">shall have a maximum capacity of no more than twenty children, with a ratio of staff to children of sufficient portion to assure adequate supervision and treatment;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">shall develop adequate plans for contacting the child’s parents or relatives (if such action is required by State law) and assuring the safe return of the child according to the best interests of the child, for contacting local government officials pursuant to informal arrangements established with such officials by the runaway house, and for providing for other appropriate alternative living arrangements;</content> </paragraph> <page identifier="/us/stat/88/1131">88 <inline class="smallCaps">Stat</inline>. 1131</page> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">shall develop an adequate plan for assuring proper relations with law enforcement personnel, and the return of runaway youths from correctional institutions;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">shall develop an adequate plan for aftercare counseling<sidenote><p class="firstIndent1 fontsize8">Aftercare counseling.</p></sidenote> involving runaway youth and their parents within the State in which the runaway house is located and for assuring, as possible, that aftercase services will be provided to those children who are returned beyond the State in which the runaway house is located;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">shall keep adequate statistical records profiling the children<sidenote><p class="firstIndent1 fontsize8">Records, information disclosure, restriction.</p></sidenote> and parents which it serves, except that records maintained on individual runaway youths shall not be disclosed without parental consent to anyone other than another agency compiling statistical records or a government agency involved in the disposition of criminal charges against an individual runaway youth, and reports or other documents based on such statistical records shall not disclose the identity of individual runaway youths;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">shall submit annual reports to the Secretary detailing how<sidenote><p class="firstIndent1 fontsize8">Annual reports to Secretary.</p></sidenote> the house has been able to meet the goals of its plans and reporting the statistical summaries required by paragraph (6);</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">(8) </num> <content class="inline">shall demonstrate its ability to operate under accounting procedures and fiscal control devices as required by the Secretary;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">(9) </num> <content class="inline">shall submit a budget estimate with respect to the plan<sidenote><p class="firstIndent1 fontsize8">Budget estimate.</p></sidenote> submitted by such house under this subsection; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">(10) </num> <content class="inline">shall supply such other information as the Secretary reasonably deems necessary.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">approval by secretary</heading> <num value="313"><inline class="smallCaps">Sec</inline>. 313. </num> <content class="inline">An application by a State, locality, or nonprofit private<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5713">42 USC 5713.</ref></p></sidenote> agency for a grant under this part may be approved by the Secretary only if it is consistent with the applicable provisions of this part and meets the requirements set forth in section 312. Priority shall be given to grants smaller than $75,000. In considering grant applications under this part, priority shall be given to any applicant whose program budget is smaller than $100,000.</content> </section> <section> <heading class="smallCaps centered">grants to private agencies, staffing</heading> <num value="314"><inline class="smallCaps">Sec</inline>. 314. </num> <content class="inline">Nothing in this part shall be construed to deny grants to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5714">42 USC 5714.</ref></p></sidenote> nonprofit private agencies which are fully controlled by private boards or persons but which in other respects meet the requirements of this part and agree to be legally responsible for the operation of the runaway house. Nothing in this part shall give the Federal Government control over the staffing and personnel decisions of facilities receiving Federal funds.</content> </section> <section> <heading class="smallCaps centered">reports</heading> <num value="315"><inline class="smallCaps">Sec</inline>. 315. </num> <chapeau class="inline">The Secretary shall annually report to the Congress on the<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5715">42 USC 5715.</ref></p></sidenote> status and accomplishments of the runaway houses which are funded under this part, with particular attention to—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">their effectiveness in alleviating the problems of runaway youth;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">their ability to reunite children with their families and to encourage the resolution of intrafamily problems through counseling and other services;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">their effectiveness in strengthening family relationships and encouraging stable living conditions for children; and</content> </paragraph> <page identifier="/us/stat/88/1132">88 <inline class="smallCaps">Stat</inline>. 1132</page> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">their effectiveness in helping youth decide upon a future course of action.</content> </paragraph> </section> <section> <heading class="smallCaps centered">federal share</heading> <num value="316"><inline class="smallCaps">Sec</inline>. 316. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5716">42 USC 5716.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Federal share for the acquisition and renovation of existing structures, the provision of counseling services, staff training, and the general costs of operations of such facility’s budget for <sidenote><p class="firstIndent1 fontsize8">Non-Federal share.</p></sidenote>any fiscal year shall be 90 per centum. The non-Federal share may be in cash or in kind, fairly evaluated by the Secretary, including plant, equipment, or services.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Payments.</p></sidenote>(b) </num> <content class="inline">Payments under this section may be made in installments, in advance, or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments.</content> </subsection> </section> </part> <part> <num value="B"><inline class="smallCaps">Part B</inline>—</num> <heading class="inline"><inline class="smallCaps">Statistical Survey</inline></heading> <section> <heading class="smallCaps centered">survey; report</heading> <num value="321"><inline class="smallCaps">Sec</inline>. 321. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5731">42 USC 5731.</ref></p></sidenote> <content class="inline">The Secretary shall gather information and carry out a comprehensive statistical survey defining the major characteristic of the runaway youth population and determining the areas of the Nation most affected. Such survey shall include the age, sex, and socioeconomic background of runaway youth, the places from which and to which children run, and the relationship between miming away and <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote>other illegal behavior. The Secretary shall report the results of such information gathering and survey to the Congress not later than June 30, 1975.</content> </section> <section> <heading class="smallCaps centered">records</heading> <num value="322"><inline class="smallCaps">Sec</inline>. 322. </num><sidenote><p class="firstIndent1 fontsize8">Disclosure or transfer, restriction.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5732">42 USC 5732.</ref></p></sidenote> <content class="inline">Records containing the identity of individual runaway youths gathered for statistical purposes pursuant to section 321 may under no circumstances be disclosed or transferred to any individual or to any public or private agency.</content> </section> </part> <part> <num value="C">Part C—</num> <heading class="inline">Authorization of Appropriations</heading> <section> <num value="331"><inline class="smallCaps">Sec</inline>. 331. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5751">42 USC 5751.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">To carry out the purposes of part A of this title there is authorized to be appropriated for each of the fiscal years ending June 30, 1975, 1976, and 1977, the sum of $10.000.000.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">To carry out the purposes of part B of this title there is authorized to be appropriated the sum of $500,000.</content> </subsection> </section> </part> <num value="IV">TITLE IV—</num> <heading class="inline">EXTENSION AND AMENDMENT OF THE JUVENILE DELINQUENCY PREVENTION ACT</heading> <section> <heading class="smallCaps centered">youth development demonstrations</heading> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3811">42 USC 3811.</ref></p></sidenote> <content class="inline">Title I of the Juvenile Delinquency Prevention Act is amended (1) in the caption thereof, by inserting “<quotedText>AND DEMONSTRATION PROGRAMS</quotedText>” after “<quotedText>SERVICES</quotedText>”; (2) following the caption thereof, by inserting “<quotedText><inline class="smallCaps">Part A</inline>—<inline class="smallCaps">Community-Based Coordinated <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3812–3814">42 USC 3812–3814.</ref></p></sidenote>Youth Services</inline></quotedText>”; (3) in sections 101, 102(a), 102(b)(1), 102(b) (2),103(a) (including paragraph (1) thereof), 104(a) (including paragraphs (1), (4), (5), (7), and (10) thereof), and 104(b) by striking out “<quotedText>title</quotedText>” and inserting “<quotedText>part</quotedText>” in lieu thereof; and (4) by inserting at the end of the title following new part: <quotedContent> <page identifier="/us/stat/88/1133">88 <inline class="smallCaps">Stat</inline>. 1133</page> <part> <num value="B">“<inline class="smallCaps">Part B</inline>—</num> <heading class="inline"><inline class="smallCaps">Demonstrations in Youth Development</inline></heading> <section> <num value="105">“<inline class="smallCaps">Sec</inline>. 105. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">For the purpose of assisting the demonstration of<sidenote><p class="firstIndent1 fontsize8">Grants.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3821">42 USC 3821.</ref></p></sidenote> innovative approaches to youth development and the prevention and treatment of delinquent behavior (including payment of all or part of the costs of minor remodeling or alteration), the Secretary may make grants to any State (or political subdivision thereof), any agency thereof, and any nonprofit private agency, institution, or organization that submits to the Secretary, at such time and in such form and manner as the Secretary’s regulations shall prescribe, an application containing a description of the purposes for which the grant is sought, and assurances satisfactory to the Secretary that the applicant will use the grant for the purposes for which it is provided, and will comply with such requirements relating to the submission of reports, methods of fiscal accounting, the inspection and audit of records and other materials, and such other rules, regulations, standards, and procedures, as the Secretary may impose to assure the fulfillment of the purposes of this Act.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">No demonstration may be assisted by a grant under this section<sidenote><p class="firstIndent1 fontsize8">Limitation.</p></sidenote> for more than one year.”</content> </subsection> </section> </part> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">consultation</heading> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 408 of such Act is amended by adding at the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3888">42 USC 3888.</ref></p></sidenote> end of subsection (a) thereof the following new subsection: <quotedContent> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The Secretary shall consult with the Attorney General for the purpose of coordinating the development and implementation of programs and activities funded under this Act with those related programs and activities funded under the Omnibus Crime Control and Safe. Streets Act of 1968”;<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3701">42 USC 3701 note.</ref></p></sidenote></content> </subsection> <continuation class="fontsize10">and by deleting subsection (b) thereof.</continuation> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 409 is repealed.<sidenote><p class="firstIndent1 fontsize8">Repeal.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3889">42 USC 3889.</ref></p></sidenote></content> </subsection> </section> <section> <heading class="smallCaps centered">repeal of minimum state allotments</heading> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num> <content class="inline">Section 403(b) of such Act is repealed, and section 403(a)<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3883">42 USC 3883.</ref></p></sidenote> of such Act is redesignated section 403.</content> </section> <section> <heading class="smallCaps centered">extension of program</heading> <num value="404"><inline class="smallCaps">Sec</inline>. 404. </num> <content class="inline">Section 402 of such Act, as amended by this Act, is further<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3882">42 USC 3882.</ref></p></sidenote> amended in the first sentence by inserting after “<quotedText>fiscal year</quotedText>” the following: “<quotedText>and such sums as may be necessary for fiscal year 1975</quotedText>”.</content> </section> <num value="V">TITLE V—</num> <heading class="inline">MISCELLANEOUS AND CONFORMING AMENDMENTS</heading> <part> <num value="A">Part A—</num> <heading class="inline">Amendments to the Federal Juvenile Delinquency Act</heading> <section> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num> <content class="inline">Section 5031 of title 18, United States Code, is amended to read as follows: <quotedContent> <section class="fontsize10"> <num value="5031">“§ 5031. </num> <heading>Definitions</heading> <content>“For the purposes of this chapter, a ‘juvenile‘ is a person who has not attained his eighteenth birthday, or for the purpose of proceedings and disposition under this chapter for an alleged act of juvenile delinquency, a person who has not attained his twenty-first birthday, and ‘juvenile delinquency’ is the violation of a law of the United States committed by a person prior to his eighteenth birthday which would have been a crime if committed by an adult.”</content> </section> </quotedContent> </content> </section> <page identifier="/us/stat/88/1134">88 <inline class="smallCaps">Stat</inline>. 1134</page> <section> <heading class="smallCaps centered">delinquency proceedings in district courts</heading> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num> <content class="inline">Section 5032 of title 18, United States Code, is amended to read as follows: <quotedContent> <section class="fontsize10"> <num value="5032">“§ 5032. </num> <heading>Delinquency proceedings in district courts; transfer for criminal prosecution</heading> <content> <p class="firstIndent1 fontsize10">“A juvenile alleged to have committed an act of juvenile delinquency shall not be proceeded against in any court of the United States unless the Attorney General, after investigation, certifies to an appropriate district court of the United States that the juvenile court or other appropriate court of a State (1) does not have jurisdiction or refuses to assume jurisdiction over said juvenile with respect to such alleged act of juvenile delinquency, or (2) does not have available programs and services adequate for the needs of juveniles.</p> <p class="firstIndent1 fontsize10">“If the Attorney General does not so certify, such juvenile shall be surrendered to the appropriate legal authorities of such State.</p> <p class="firstIndent1 fontsize10">“If an alleged juvenile delinquent is not surrendered to the authorities of a State or the District of Columbia pursuant to this section, any proceedings against him shall be in an appropriate district court of the United States. For such purposes, the court may be convened at any time and place within the district, in chambers or otherwise. The Attorney General shall proceed by information, and no criminal prosecution shall be instituted for the alleged act of juvenile delinquency except as provided below.</p> <p class="firstIndent1 fontsize10">“A juvenile who is alleged to have committed an act of juvenile delinquency and who is not surrendered to State authorities shall be proceeded against under this chapter unless he has requested in writing upon advice of counsel to be proceeded against as an adult, except that, with respect to a juvenile sixteen years and older alleged to have committed an act after his sixteenth birthday which if committed by an adult would be a felony punishable by a maximum penalty of ten years imprisonment or more, life imprisonment, or death, criminal prosecution on the basis of the alleged act may be begun by motion to transfer of the Attorney General in the appropriate district court of the United States, if such court finds, after nearing, such transfer would be in the interest of justice.</p> <p class="firstIndent1 fontsize10">“Evidence of the following factors shall be considered, and findings with regard to each factor shall be made in the record, in assessing whether a transfer would be in the interest of justice: the age and social background of the juvenile; the nature of the alleged offense; the extent and nature of the juvenile’s prior delinquency record; the juvenile’s present intellectual development and psychological maturity; the nature of past treatment efforts and the juvenile’s response to such efforts: the availability of programs designed to treat the juvenile’s behavioral problems.</p> <p class="firstIndent1 fontsize10">“Reasonable notice of the transfer hearing shall be given to the juvenile, his parents, guardian, or custodian and to his counsel. The juvenile shall be assisted by counsel during the transfer hearing, and at every other critical stage of the proceedings.</p> <p class="firstIndent1 fontsize10">“Once a juvenile has entered a plea of guilty or the proceeding has reached the stage that evidence has begun to be taken with respect to a crime or an alleged act of juvenile delinquency subsequent criminal prosecution or juvenile proceedings based upon such alleged act of delinquency shall be barred.</p> <page identifier="/us/stat/88/1135">88 <inline class="smallCaps">Stat</inline>. 1135</page> <p class="firstIndent1 fontsize10">“Statements made by a juvenile prior to or during a transfer hearing under this section shall not be admissible at subsequent criminal prosecutions.”</p> </content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">custody</heading> <num value="503"><inline class="smallCaps">Sec</inline>. 503. </num> <content class="inline">Section 5033 of title 18, United States Code is amended to read as follows: <quotedContent> <section class="fontsize10"> <num value="5033">“§ 5033. </num> <heading>Custody prior to appearance before magistrate</heading> <content> <p class="firstIndent1 fontsize10">“Whenever a juvenile is taken into custody for an alleged act of juvenile delinquency, the arresting officer shall immediately advise such juvenile of his legal rights, in language comprehensive to a juvenile, and shall immediately notify the Attorney General and the juvenile’s parents, guardian, or custodian of such custody. The arresting officer shall also notify the parents, guardian, or custodian of the rights of the juvenile and of the nature of the alleged offense.</p> <p class="firstIndent1 fontsize10">“The juvenile shall be taken before a magistrate forthwith. In no event shall the juvenile be detained for longer than a reasonable period of time before being brought before a magistrate.”</p> </content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">duties of magistrate</heading> <num value="504"><inline class="smallCaps">Sec</inline>. 504. </num> <content class="inline">Section 5034 of title 18, United States Code, is amended to read as follows: <quotedContent> <section class="fontsize10"> <num value="5034">“§ 5034. </num> <heading>Duties of magistrate</heading> <content> <p class="firstIndent1 fontsize10">“The magistrate shall insure that the juvenile is represented by<sidenote><p class="firstIndent1 fontsize8">Representation by counsel.</p></sidenote> counsel before proceeding with critical stages of the proceedings. Counsel shall be assigned to represent a juvenile when the juvenile and his parents, guardian, or custodian are financially unable to obtain adequate representation. In cases where the juvenile and his parents, guardian, or custodian are financially able to obtain adequate representation but have not retained counsel, the magistrate may assign counsel and order the payment of reason a tile attorney’s fees or may direct the juvenile, his parents, guardian, or custodian to retain private counsel within a specified period of time.</p> <p class="firstIndent1 fontsize10">“The magistrate, may appoint a guardian ad litem if a parent or<sidenote><p class="firstIndent1 fontsize8">Appointment by guardian.</p></sidenote> guardian of the juvenile is not present, or if the magistrate has reason to believe that the parents or guardian will not cooperate with the juvenile in preparing for trial, or that the, interests of the parents or guardian and those of the juvenile are adverse.</p> <p class="firstIndent1 fontsize10">“If the juvenile has not been discharged before his initial appearance before the magistrate, the magistrate, shall release the juvenile to Ids parents, guardian, custodian, or other responsible party (including, but not limited to, the director of a shelter-care facility upon their promise to bring such juvenile before the appropriate court when requested by such court unless the magistrate determines, after hearing, at which the juvenile is represented by counsel, that the detention of such juvenile is required to secure his timely appearance before the appropriate court or to insure his safety or that of others.”</p> </content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">detention</heading> <num value="505"><inline class="smallCaps">Sec</inline>. 505. </num> <content class="inline">Section 5035 of this title is amended to read as follows: <quotedContent> <section class="fontsize10"> <num value="5035">“§ 5035. </num> <heading>Detention prior to disposition</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s5035">18 USC 5035.</ref></p></sidenote> <content>“A juvenile alleged to be delinquent may be detained only in a juvenile facility or such other suitable place as the Attorney general <page identifier="/us/stat/88/1136">88 <inline class="smallCaps">Stat</inline>. 1136</page>may designate. Whenever possible, detention shall be in a foster home or community based facility located in or near his home community. The Attorney General shall not cause any juvenile alleged to be delinquent to be detained or confined in any institution in which the juvenile has regular contact with adult persons convicted of a crime or awaiting trial on criminal charges. Insofar as possible, alleged delinquents shall be kept separate from adjudicated delinquents. Every juvenile in custody shall be provided with adequate food, heat, light, sanitary facilities, bedding, clothing, recreation, education, and medical care, including necessary psychiatric, psychological, or other care and treatment.”</content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">speedy trial</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s5036">18 USC 5036.</ref></p></sidenote> <num value="506"><inline class="smallCaps">Sec</inline>. 506. </num> <content class="inline">Section 5036 of this title is amended to read as follows: <quotedContent> <section class="fontsize10"> <num value="5036">“§ 5036. </num> <heading>Speedy trial</heading> <content>“If an alleged delinquent who is in detention pending trial is not brought to trial within thirty days from the date upon which such detention was begun, the information shall be dismissed on motion of the alleged delinquent or at the direction of the court, unless the Attorney General shows that additional delay was caused by the juvenile or his counsel, or consented to by the juvenile and his counsel, or would be in the interest of justice in the particular case. Delays attributable solely to court calendar congestion may not be considered in the interest of justice. Except in extraordinary circumstances, an information dismissed under this section may not be reinstituted.”</content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">disposition</heading> <num value="507"><inline class="smallCaps">Sec</inline>. 507. </num> <content class="inline">Section 5037 is amended to read as follows: <quotedContent> <section class="fontsize10"> <num value="5037">“§ 5037. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s5037">18 USC 5037.</ref></p></sidenote> <heading>Dispositional hearing</heading> <subsection class="firstIndent1"> <num value="a">“(a) </num> <content class="inline">If a juvenile is adjudicated delinquent, a separate dispositional hearing shall be held no later than twenty court days after trial unless the court has ordered further study in accordance with subsection (c). Copies of the presentence report shall be provided to the attorneys for both the juvenile and the Government a reasonable time in advance of the hearing.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The court may suspend the adjudication of delinquency or the disposition of the delinquent on such conditions as it deems proper, place him on probation, or commit him to the custody of the Attorney <sidenote><p class="firstIndent1 fontsize8">Probation or commitment, term.</p></sidenote>General. Probation, commitment, or commitment in accordance with subsection (c) shall not extend beyond the juvenile’s twenty-first birthday or the maximum term which could have been imposed on an adult convicted of the same offense, whichever is sooner, unless the juvenile has attained his nineteenth birthday at the time of disposition, in which case probation, commitment, or commitment in accordance with subsection (c) shall not exceed the lesser of two years or the maximum term which could have been imposed on an adult convicted of the same offense.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Notice and hearing.</p></sidenote>“(c) </num> <content class="inline">If the court desires more detailed information concerning an alleged or adjudicated delinquent, it may commit him, after notice and hearing at which the juvenile is represented by counsel, to the custody of the Attorney General for observation and study by an appropriate agency. Such observation and study shall be conducted on an outpatient basis, unless the court determines that inpatient observation and study are necessary to obtain the desired information. In the case of an alleged juvenile delinquent, inpatient study may be ordered only <page identifier="/us/stat/88/1137">88 <inline class="smallCaps">Stat</inline>. 1137</page>with the consent of the juvenile and his attorney. The agency shall<sidenote><p class="firstIndent1 fontsize8">Study.</p></sidenote> make a complete study of the alleged or adjudicated delinquent to ascertain his personal traits, his capabilities, his background, any previous delinquency or criminal experience, any mental or physical defect, and any other relevant factors. The Attorney General shall submit to the court and the attorneys for the juvenile and the Government the results of the study within thirty days after the commitment of the juvenile, unless the court grants additional time.”</content> </subsection> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">juvenile records</heading> <num value="508"><inline class="smallCaps">Sec</inline>. 508. </num> <content class="inline">Section 5038 is added, to read as follows: <quotedContent> <section class="fontsize10"> <num value="5038">“§ 5038. </num> <heading>Use of juvenile records</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s5038">18 USC 5038.</ref></p></sidenote> <subsection class="inline"> <num value="a">“(a) </num> <chapeau class="inline">Throughout the juvenile delinquency proceeding the court shall safeguard the records from disclosure. Upon the completion of any juvenile delinquency proceeding whether or not there is an adjudication the district court shall order the entire file and record of such proceeding scaled. After such sealing, the court shall not release these records except to the extent necessary to meet the following circumstances:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">inquiries received from another court of law;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">inquiries from an agency preparing a presentence report for another court;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">inquiries from law enforcement agencies where the request for information is related to the investigation of a crime or a position within that agency;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">inquiries, in wilting, from the director of a treatment agency or the director of a facility to which the juvenile has been committed by the court: and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">inquiries from an agency considering the person for a position immediately and directly affecting the national security.</content> </paragraph> <continuation class="fontsize10">Unless otherwise authorized by this section, information about the sealed record may not be released when the request for information is related to an application for employment, license, bonding, or any civil right or privilege. Responses to such inquiries shall not be different from responses made about persons who have never been involved in a delinquency proceeding.</continuation> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">District courts exercising jurisdiction over any juvenile shall inform the juvenile, and his parent or guardian, in writing in clear and nontechnical language, of rights relating to the sealing of his juvenile record.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">During the course of any juvenile delinquency proceeding, all information and records relating to the proceeding, which are obtained or prepared in the discharge of an official duty by an employee of the court or an employee of any other governmental agency, shall not be disclosed directly or indirectly to anyone other than the Judge, counsel for the juvenile and the government, or others entitled under this section to receive sealed records.</content> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <chapeau class="inline">Unless a juvenile who is taken into custody is prosecuted as an adult—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">neither the fingerprints nor a photograph shall be taken without the written consent of the judge: and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">neither the name nor picture of any juvenile shall be made public by any medium of public information in connection with a juvenile delinquency proceeding,”</content> </paragraph> </subsection> </section> </quotedContent> </content> </section> <page identifier="/us/stat/88/1138">88 <inline class="smallCaps">Stat</inline>. 1138</page> <section> <heading class="smallCaps centered">commitment</heading> <num value="509"><inline class="smallCaps">Sec</inline>. 509. </num> <content class="inline">Section 5039 is added, to read as follows: <quotedContent> <section class="fontsize10"> <num value="5039">“§ 5039. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s5039">18 USC 5039.</ref></p></sidenote> <heading>Commitment</heading> <content> <p class="firstIndent1 fontsize10">“No juvenile committed to the custody of the Attorney General may be placed or retained in an adult jail or correctional institution in which he has regular contact with adults incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges.</p> <p class="firstIndent1 fontsize10">“Every juvenile who has been committed shall be provided with adequate food, heat, light, sanitary facilities, bedding, clothing, recreation, counseling, education, training, and medical care including necessary psychiatric, psychological, or other care and treatment.</p> <p class="firstIndent1 fontsize10">“Whenever possible, the Attorney General shall commit a juvenile to a foster home or community-based facility located in or near his home community.”</p> </content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">support</heading> <num value="510"><inline class="smallCaps">Sec</inline>. 510. </num> <content class="inline">Section 5040 is added, to read as follows: <quotedContent> <section class="fontsize10"> <num value="5040">“§ 5040. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s5040">18 USC 5040.</ref></p></sidenote> <heading>Support</heading> <content><sidenote><p class="firstIndent1 fontsize8">Contract authority.</p></sidenote>“The Attorney General may contract with any public or private agency or individual and such community-based facilities as halfway houses and foster homes for the observation and study and the custody <sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote>and care of juveniles in his custody. For these purposes, the Attorney General may promulgate such regulations as are necessary and may use the appropriation for ‘support of United States prisoners’ or such other appropriations as he may designate.”</content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">parole</heading> <num value="511"><inline class="smallCaps">Sec</inline>. 511. </num> <content class="inline">Section 5041 is added to read as follows: <quotedContent> <section class="fontsize10"> <num value="5041">“§ 5041. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s5041">18 USC 5041.</ref></p></sidenote> <heading>Parole</heading> <content>“The Board of Parole shall release from custody, on such conditions as it deems necessary, each juvenile delinquent who has been committed, as soon as the Board is satisfied that he is likely to remain at liberty without violating the law and when such release would be in the interest of justice.”</content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">revocation</heading> <num value="512"><inline class="smallCaps">Sec</inline>. 512. </num> <content class="inline">Section 5042 is added to read as follows: <quotedContent> <section class="fontsize10"> <num value="5042">“§ 5042. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s5042">18 USC 5042.</ref></p></sidenote> <heading>Revocation of parole or probation</heading> <content><sidenote><p class="firstIndent1 fontsize8">Notice and hearing.</p></sidenote>“Any juvenile parolee or probationer shall be accorded notice and a hearing with counsel before his parole or probation can be revoked.”</content> </section> </quotedContent> </content> </section> <section> <num value="513"><inline class="smallCaps">Sec</inline>. 513. </num> <content class="inline">The table of sections of chapter 403 of this title is amended to read as follows: <quotedContent> <toc> <headingItem> <designator>“Sec.</designator> <label/> <target/> </headingItem> <referenceItem role="section"><designator>“5031. </designator> <label>Definitions.</label></referenceItem> <referenceItem role="section"><designator>“5032. </designator> <label>Delinquency proceedings in district courts; transfer for criminal prosecution.</label></referenceItem> <referenceItem role="section"><designator>“5033. </designator> <label>Custody prior to appearance before magistrate.</label></referenceItem> <referenceItem role="section"><designator>“5034. </designator> <label>Duties of magistrate.</label></referenceItem> <referenceItem role="section"><designator>“5035. </designator> <label>Detention prior to disposition.</label></referenceItem> <referenceItem role="section"><designator>“5036. </designator> <label>Speedy trial.</label></referenceItem> <referenceItem role="section"><designator>“5037. </designator> <label>Dispositional hearing.</label></referenceItem> <referenceItem role="section"><designator>“5038. </designator> <label>Use of juvenile records.</label></referenceItem> <referenceItem role="section"><designator>“5039. </designator> <label>Commitment.</label></referenceItem> <referenceItem role="section"><designator>“5040. </designator> <label>Support.</label></referenceItem> <referenceItem role="section"><designator>“5041. </designator> <label>Parole.</label></referenceItem> <referenceItem role="section"><designator>“5042. </designator> <label>Revocation of parole or probation.”.</label></referenceItem> </toc> </quotedContent> </content> </section> </part> <page identifier="/us/stat/88/1139">88 <inline class="smallCaps">Stat</inline>. 1139</page> <part> <num value="B">Part B—</num> <heading class="inline">National Institute of Corrections</heading> <section> <num value="521"><inline class="smallCaps">Sec</inline>. 521. </num> <content class="inline">Title 18, United States Code, is amended by adding a new chapter 319 to read as follows: <quotedContent> <chapter> <num value="319">“CHAPTER 319.—</num> <heading class="inline">NATIONAL INSTITUTE OF CORRECTIONS</heading> <section> <num value="4351">“<inline class="smallCaps">Sec</inline>. 4351. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There is hereby established within the Bureau of<sidenote><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s4351">18 USC 4351.</ref></p></sidenote> Prisons a National Institute of Corrections.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The overall policy and operations of the National Institute of Corrections shall be under the supervision of an Advisory Board. The<sidenote><p class="firstIndent1 fontsize8">Membership.</p></sidenote> Board shall consist of sixteen members. The following six individuals shall serve as members of the Commission ex officio: the Director of the Federal Bureau of Prisons or his designee, the Administrator of the Law Enforcement Assistance Administration or his designee, Chairman of the United States Parole Board or his designee, the Director of the Federal Judicial Center or his designee, the Deputy Assistant Administrator for the National Institute for juvenile Justice and Delinquency Prevention or his designee, and the Assistant Secretary for Human Development of the Department of Health, Education, and Welfare or his designee.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <chapeau class="inline">The remaining ten members of the Board shall be selected as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">Five shall be appointed initially by the Attorney General of the United States for staggered terms; one member shall serve for one year, one member for two years, and three members for three years. Upon the expiration of each member’s term, the Attorney General shall appoint successors who will each serve for a term of three years. Each member selected shall be qualified as a practitioner (Federal, State, or local) in the field of corrections, probation, or parole.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Five shall be appointed initially by the Attorney General of the. United States for staggered terms, one member shall serve for one year, three members for two years, and one member for three years.” Upon the expiration of each member’s term the Attorney General shall appoint successors who will each serve for a term of three years. Each member selected shall be from the private sector, such as business, labor, and education, having demonstrated an active interest, in corrections, probation, or parole.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">The members of the Board shall not, by reason of such membership,<sidenote><p class="firstIndent1 fontsize8">Compensation for expenses.</p></sidenote> be deemed officers or employees of the United States. Members of the Commission who are full-time officers or employees of the United States shall serve without additional compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of the duties vested in the Board. Other members of the Board shall, while, attending meetings of the Board or while engaged in duties related to such meetings or in other activities of the Commission pursuant to this title, be entitled to receive compensation at the rate not to exceed the daily equivalent of the rate authorized for GS–18 by section 5332 of title 5, United States Code, including travel-time,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note.</ref></p></sidenote> and while away from their homes or regular places of business may be allowed travel expenses, including per diem in lieu of subsistence equal to that authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently.</content> </subsection> <subsection class="firstIndent1"> <num value="e">“(e) </num> <content class="inline">The Board shall elect a chairman from among its members who<sidenote><p class="firstIndent1 fontsize8">Chairman and vice-chairman.</p></sidenote> shall serve for a term of one year. The members of the Board shall also elect one or more members as a vice-chairman.</content> </subsection> <page identifier="/us/stat/88/1140">88 <inline class="smallCaps">Stat</inline>. 1140</page> <subsection class="firstIndent1"> <num value="f"><sidenote><p class="firstIndent1 fontsize8">Appointment of committees.</p></sidenote>“(f) </num> <content class="inline">The Board is authorized to appoint, without regard to the civil service laws, technical, or other advisory committees to advise the Institute with respect to the administration of this title as it deems appropriate. Members of these committees not otherwise employed by the United States, while engaged in advising the Institute or attending meetings of the committees, shall be entitled to receive compensation at the rate fixed by the Board but not to exceed the daily equivalent of the rate authorized for GS–18 by section 5332 of title 5, United <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note.</ref></p></sidenote>States Code, and while away from their homes or regular places of business may be allowed travel expenses, including per diem in lieu of subsistence equal to that authorized by sect ion 5703 of title 5, United States Code, for persons in the Government service employed intermittently.</content> </subsection> <subsection class="firstIndent1"> <num value="g">“(g) </num> <content class="inline">The Board is authorized to delegate its powers under this title to such persons as it deems appropriate.</content> </subsection> <subsection class="firstIndent1"> <num value="h"><sidenote><p class="firstIndent1 fontsize8">Director.</p></sidenote>“(h) </num> <content class="inline">The Institute shall be under the supervision of an officer to be known as the Director, who shall be appointed by the Attorney General after consultation with the Board. The Director shall have authority to supervise the organization, employees, enrollees, financial affairs, and all other operations of the Institute and may employ such staff, faculty, and administrative personnel, subject to the civil service and classification laws, as are necessary to the functioning of the Institute. The Director shall have the power to acquire and hold real and personal property for the Institute and may receive gifts, donations, and trusts on behalf of the Institute. The Director shall also have the power to appoint such technical or other advisory councils comprised of consultants to guide and advise the Board. The Director is authorized to delegate his powers under this title to such persons as he deems appropriate.</content> </subsection> </section> <section> <num value="4352">“<inline class="smallCaps">Sec</inline>. 4352. </num><sidenote><p class="firstIndent1 fontsize8">Additional authority.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s4352">18 USC 4352.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">In addition to the other powers, express and implied, the National Institute of Corrections shall have authority—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">to receive from or make grants to and enter into contracts with Federal, State, and general units of local government, public and private agencies, educational institutions, organizations, and individuals to carry out the purposes of this chapter;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">to serve as a clearinghouse and information center for the collection, preparation, and dissemination of information on corrections, including, but not limited to, programs for prevention of crime and recidivism, training of corrections personnel, and rehabilitation and treatment of criminal and juvenile offenders;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">to assist and serve in a consulting capacity to Federal, State, and local courts, departments, and agencies in the development, maintenance, and coordination of programs, facilities, and services, training, treatment, and rehabilitation with respect to criminal and juvenile offenders;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">to encourage and assist Federal, State, and local government programs and services, and programs and services of other public and private agencies, institutions, and organizations in their efforts to develop and implement improved corrections programs;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">to devise and conduct, in various geographical locations, seminars, workshops, and training programs for law enforcement officers, judges, and judicial personnel, probation and parole personnel, correctional personnel, welfare workers, and other persons, including lay ex-offenders, and paraprofessional personnel, connected with the treatment and rehabilitation of criminal and juvenile offenders;</content> </paragraph> <page identifier="/us/stat/88/1141">88 <inline class="smallCaps">Stat</inline>. 1141</page> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">to develop technical training teams to aid in the development of seminars, workshops, and training programs within the several States and with the State and local agencies which work with prisoners, parolees, probationers, and other offenders;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">“(7) </num> <content class="inline">to conduct, encourage, and coordinate research relating to corrections, including the causes, prevention, diagnosis, and treatment of criminal offenders;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">“(8) </num> <content class="inline">to formulate and disseminate correctional policy, goals, standards, and recommendations for Federal, State, and local correctional agencies, organizations, institutions, and personnel;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">“(9) </num> <content class="inline">to conduct evaluation programs which study the effectiveness of new approaches, techniques, systems, programs, and devices employed to improve the corrections system;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">“(10) </num> <content class="inline">to receive from any Federal department or agency such statistics, data, program reports, and other material as the Institute deems necessary to carry out its functions. Each such department or agency is authorized to cooperate with the Institute and shall, to the maximum extent practicable, consult with and furnish information to the Institute;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="11">“(11) </num> <content class="inline">to arrange with and reimburse the heads of Federal departments and agencies for the use of personnel, facilities, or equipment of such departments and agencies;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="12">“(12) </num> <content class="inline">to confer with and avail itself of the assistance, services, records, and facilities of State and local governments or other public or private agencies, organizations, or individuals;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="13">“(13) </num> <content class="inline">to enter into contracts with public or private agencies,<sidenote><p class="firstIndent1 fontsize8">Contracts.</p></sidenote> organizations, or individuals, for the performance of any of the functions of the Institute; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="14">“(14) </num> <content class="inline">to procure the services of experts and consultants in<sidenote><p class="firstIndent1 fontsize8">Experts and consultants.</p></sidenote> accordance with section 3109 of title 5 of the United States Code, at rates of compensation not to exceed the daily equivalent of the rate authorized for GS–18 by section 5332 of title 5 of the United States Code.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note.</ref></p></sidenote></content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The Institute shall on or before the 31st day of December of<sidenote><p class="firstIndent1 fontsize8">Annual report to President and Congress.</p></sidenote> each year submit an annual report for the preceding fiscal year to the President and to the Congress. The report shall include a comprehensive and detailed report of the Institute’s operations, activities, financial condition, and accomplishments under this title and may include such recommendations related to corrections as the Institute deems appropriate.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">Each recipient of assistance under this shall keep such records<sidenote><p class="firstIndent1 fontsize8">Recordkeeping.</p></sidenote> as the Institute shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.</content> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">The Institute, and the Comptroller General of the United<sidenote><p class="firstIndent1 fontsize8">Audit.</p></sidenote> States, or any of their duly authorized representatives, shall have access for purposes of audit and examinations to any books, documents, papers, and records of the recipients that are pertinent to the grants received under this chapter.</content> </subsection> <subsection class="firstIndent1"> <num value="e">“(e) </num> <content class="inline">The provision of this section shall apply to all recipients of assistance under this title, whether by direct grant or contract from the Institute or by subgrant or subcontract from primary grantees or contractors of the Institute.</content> </subsection> </section> <section> <num value="4353">“<inline class="smallCaps">Sec</inline>. 4353. </num> <content class="inline">There is hereby authorized to be appropriated such<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s4353">18 USC 4353.</ref></p></sidenote> funds as may be required to carry out the purposes of this chapter.”</content> </section> </chapter> </quotedContent> </content> </section> </part> <page identifier="/us/stat/88/1142">88 <inline class="smallCaps">Stat</inline>. 1142</page> <section> <heading class="smallCaps centered">part c—conforming amendments</heading> <num value="541"><inline class="smallCaps">Sec</inline>. 541. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The section titled “Declaration and Purpose” in title I of the Omnibus Crime Control and Safe Streets Act of 1968, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3701">42 USC 3701.</ref></p></sidenote>amended (82 Stat. 197; 84 Stat. 1881; 87 Stat. 197), is amended by inserting immediately after the second paragraph thereof the following new paragraph: <quotedContent> <p class="firstIndent1 fontsize10">“Congress finds further that the high incidence of delinquency in the United States today results in enormous annual cost and immeasurable loss in human life, personal security, and wasted human resources, and that juvenile delinquency constitutes a growing threat to the national welfare requiring immediate and comprehensive action by the Federal Government to reduce and prevent delinquency.”.</p> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Such section is further amended by adding at the end thereof the following new paragraph: <quotedContent> <p class="firstIndent1 fontsize10">“It is therefore the further declared policy of Congress to provide the necessary resources, leadership, and coordination to (1) develop and implement effective methods of preventing and reducing juvenile delinquency; (2) to develop and conduct effective programs to prevent delinquency, to divert juveniles from the traditional juvenile justice system and to provide critically needed alternatives to institutionalization; (3) to improve the quality of juvenile justice in the United States; and (4) to increase the capacity of State and local governments and public and private agencies to conduct effective juvenile justice and delinquency prevention and rehabilitation programs and to provide research, evaluation, and training services in the field of juvenile justice and delinquency prevention.”.</p> </quotedContent> </content> </subsection> </section> <section> <num value="542"><inline class="smallCaps">Sec</inline>. 542. </num> <content class="inline">The third sentence of section 203(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 as amended <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3723">42 USC 3723.</ref></p></sidenote>(82 Stat. 197; 84 Stat. 1881; 87 Stat. 197), is amended to read as follows: “<quotedText>The State planning agency and any regional planning units within the State shall, within their respective jurisdictions, be representative of the law enforcement and criminal justice agencies including agencies directly related to the prevention and control of juvenile delinquency, units of general local government, and public agencies maintaining programs to reduce and control crime, and shall include representatives of citizens, professional, and community organizations including organizations directly related to delinquency prevention.</quotedText>”.</content> </section> <section> <num value="543"><inline class="smallCaps">Sec</inline>. 543. </num> <content class="inline">Section 303(a) of title I of the Omnibus Crime Control <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3733">42 USC 3733.</ref></p></sidenote>and Safe Streets Act of 1968 is amended by adding after the first sentence the following: “<quotedText>In order to receive formula grants under the Juvenile Justice and Delinquency Prevention Act of 1974 a State shall submit a plan for carrying out the purposes of that Act in accordance <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1119.</p></sidenote>with this section and section 223 or that Act.</quotedText>”.</content> </section> <section> <num value="544"><inline class="smallCaps">Sec</inline>. 544. </num> <content class="inline">Section 520 of title I of the Omnibus Crime Control and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3768">42 USC 3768.</ref></p></sidenote>Safe Streets Act of 1968 is amended by (1) inserting “<quotedText>(a)</quotedText>” after “<quotedText><inline class="smallCaps">Sec</inline>. 520.</quotedText>” and (2) by inserting at the end thereof the following: <quotedContent> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">In addition to the funds appropriated under section 261(a) <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1129.</p></sidenote>of the Juvenile Justice and Delinquency Prevention Act of 1974, the Administration shall expend from other Law Enforcement Assistance Administration appropriations, other than the appropriations for administration, at least the same level of financial assistance for juvenile delinquency programs as was expended by the Administration during fiscal year 1972.”.</content> </subsection> </quotedContent> </content> </section> <section> <num value="545"><inline class="smallCaps">Sec</inline>. 545. </num> <content class="inline">Part F of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding at the end thereof the following new sections: <quotedContent> <page identifier="/us/stat/88/1143">88 <inline class="smallCaps">Stat</inline>. 1143</page> <section> <num value="526">“<inline class="smallCaps">Sec</inline>. 526. </num> <content class="inline">The Administrator is authorized to accept and employ,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3772">42 USC 3772.</ref></p></sidenote> in carrying out the provisions of this Act, voluntary and uncompensated services notwithstanding the provisions of section 3679(b) of the Revised Statutes (31 U.S.C. 665(b) ).</content> </section> <section> <num value="527">“<inline class="smallCaps">Sec</inline>. 527. </num> <content class="inline">All programs concerned with juvenile delinquency and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3773">42 USC 3773.</ref></p></sidenote> administered by the Administration shall be administered or subject to the policy direction of the office established by section 201(a) of the Juvenile Justice and Delinquency Prevention Act of 1974.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1112.</p></sidenote></content> </section> <section> <num value="528">“<inline class="smallCaps">Sec</inline>. 528. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Administrator is authorized to select, employ,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3774">42 USC 3774.</ref></p></sidenote> and fix the compensation of such officers and employees, including attorneys, as are necessary to perform the functions vested in him and to prescribe their functions.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Notwithstanding the provisions of section 5108 of title 5, United States Code, and without prejudice with respect to the number of positions otherwise placed in the Administration under such section 5108, the Administrator may place three positions in GS–16, GS–17, and GS–18 under section 5332 of such title 5.”<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note.</ref></p></sidenote></content> </subsection> </section> </quotedContent> </content> </section> Approved September 7, 1974.
Public Law 93–416: To amend chapter 81 of subpart G of title 5, United States Code, relating to compensation for work injuries, and for other purposes. Public Law416 Public Law 93–416 [88 Stat. 1143] 1974-09-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–416
AN ACT To amend chapter 81 of subpart G of title 5, United States Code, relating to compensation for work injuries, and for other purposes.

September 7, 1974

[H. R. 13871]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) section

Federal employees.

Work injuries, compensation.

 8101(1) of title 5, United States Code (hereinafter referred to as the “Act”), is amended by inserting “and” after the semicolon on subsection E(iv) and adding a new paragraph (F) as follows: “(F) an individual selected pursuant to chapter 121 of title 28, United States Code, and serving as a petit or grand juror and

28 USC 1861.

 who is otherwise an employee for the purposes of this subchapter as defined by paragraphs (A), (B), (C), (D), and (E) of this subsection.”, (b) Section 8101(2) of the Act is amended by inserting “, podiatrists,

5 USC 8101.

 dentists, clinical psychologists, optometrists, chiropractors,” after “surgeons”, and adding after the words “State law” a period, and the following: “The term ‘physician’ includes chiropractors only to the extent that their reimbursable services are limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist, and subject to regulation by the Secretary”. (c) Section 8101(3) of the Act is amended by inserting “podiatrists, dentists, clinical psychologists, optometrists, chiropractors,” after “supplies by”, and by inserting before the semicolon “, Reimbursable chiropractic services are limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist, and subject to regulation by the Secretary”. 88 Stat. 1144

5 USC 8101.

(d) Section 8101(5) of the Act is amended by inserting before the semicolon “, and damage to or destruction of medical braces, artificial limbs, and other prosthetic devices which shall be replaced or repaired, and such time lost while such device or appliance is being replaced or repaired; except that eyeglasses and hearing aids would not be replaced, repaired, or otherwise compensated for, unless the damages or destruction is incident to a personal injury requiring medical services”.

Definitions.

(e) Section 8101(11) of the Act is amended to read as follows: “(11) ‘widower’ means the husband living with or dependent for support on the decedent at the time of her death, or living apart for reasonable cause or because of her desertion;”. (f) Section 8101 of the Act is amended by adding at the end thereof the following new paragraphs: “(20) ‘organ’ means a part of the body that performs a special function, and for purposes of this subchapter excludes the brain, heart, and back: and “(21) ‘United States medical officers and hospitals’ includes medical officers and hospitals of the Army, Navy, Air Force. Veterans’ Administration, and United States Public Health Service, and any other medical officer or hospital designated as a United States medical officer or hospital by the Secretary of Labor.” (g) Section 8101(1) (I)) is amended by deleting the word “and” after the semicolon.
Sec. 2.

5 USC 8103.

 (a) Section 8103(a)(3) of the Act is amended to read as follows: “(3) by or on the order of United States medical officers and hospitals, or, at the employee’s option, by or on order of physicians and hospitals designated or approved by the Secretary. The employee may initially select a physician to provide medical services, appliances, and supplies, in accordance with such regulations and instructions as the Secretary considers necessary, and may be furnished necessary and reasonable transportation and expenses incident to the securing of such services, appliances, and supplies. These expenses, when authorized or approved by the Secretary, shall be paid from the Employees’ Compensation Fund.”
Sec. 3.

5 USC 8104.

 Section 8104 of the Act is amended by inserting “(a)” before “The” at the beginning thereof, and adding at the end thereof the following new subsection:

5 USC 8106.

“(b) Notwithstanding section 8106, individuals directed to undergo vocational rehabilitation by the Secretary shall, while undergoing such rehabilitation, receive compensation at the rate provided in sections

5 USC 8105, 8110.

8105 and 8110 of this title, less the amount of any earnings received from remunerative employment, other than employment undertaken pursuant to such rehabilitation.”
Sec. 4.

Compensation schedule.

5 USC 8107.

 Section 8107 (a) of the Act is amended to read as follows: “(a) If there is permanent disability involving the loss, or loss of use, of a member or function of the body or involving disfigurement, the employee is entitled to basic compensation for the disability, as 88 Stat. 1145provided by the schedule in subsection (c) of this section, at the rate of 66% percent of his monthly pay. The basic compensation is— “(1) payable regardless of whether the cause of the disability originates in a part of the body other than that member; “(2) payable regardless of whether the disability also involves another impairment of the body; and “(3) in addition to compensation for temporary total or temporary partial disability.”
Sec. 5. Section 8107(c) of the Act is amended by adding at the end thereof the following new subparagraph: “(22) For permanent loss or loss of use of any other important external or internal organ of the body as determined by the Secretary, proper and equitable compensation not to exceed 312 weeks’ compensation for each organ so determined shall be paid in addition to any other compensation payable under this schedule.”
Sec. 6. Section 8110(a) (2) of the Act is amended to read as follows:

Dependents’ compensation.

5 USC 8110.

 “(2) a husband, if— “(A) he is a member of the same household as the employee; or “(B) he is receiving regular contributions from the employee for his support; or “(C) the employee has been ordered by a court to contribute to his support;”.
Sec. 7. (a) Section 8111(a) of the Act is amended by striking out

5 USC 8111.

 “$300” and inserting in lieu thereof “$500”. (b) Section 8111(b) of the Act is amended by striking out

5 USC 8113.

 “$100” and inserting “$200”.
Sec. 8. (a) Section 8113 of the Act is amended by striking out

5 USC 8143.

 subsection (b) and redesignating subsection (c) as subsection (b). (b) Section 8143(a)(2) of the Act is amended by striking out “, (b)”
Sec. 9. (a) Section 8116(a) of the Act is amended by striking out

5 USC 8116.

 the word “and” in clause (1), striking out the period after clause (2) and inserting in lieu thereof a semicolon, and by inserting the following two clauses immediately after clause (2): “(3) other benefits administered by the Veterans’ Administration unless such benefits are payable for the same injury or the same death; and “(4) retired pay, retirement pay, retainer pay, or equivalent pay for service in the Armed Forces or other uniformed services, subject to the reduction of such pay in accordance with section 5532(b) of title 5, United States Code.” (b) The amendment made by this section shall be effective with

Effective date.

5 USC 8116 note.

 respect to disability or death occurring before or after the date of enactment of this Act and without regard to any election under section 8116(b) of the Act; but no payment shall be made by reason of such

5 USC 8116.

 amendment for any period prior to the date of enactment of this Act.
Sec. 10. Section 8117 of the Act is amended by striking out “21

Temporary disability.

5 USC 8117.

5 USC 8118.

 days” and inserting in lieu thereof “14 days”.
Sec. 11. Section 8118 of the Act is amended to read as follows: 88 Stat. 1146
“§ 8118. Continuation of pay; election to use annual or sick leave “(a) The United States shall authorize the continuation of pay

Ante, p. 1143.

of an employee, as defined in section 8101(1) of this title (other than those referred to in clause (B) or (E)), who has filed a claim for a period of wage loss due to a traumatic injury with his immediate superior on a form approved by the Secretary of Labor within the

Post, p. 1147.

time specified in section 8122(a)’(2) of this title. “(b) Continuation of pay under this subchapter shall be furnished— “(1) without a break in time unless controverted under regulations of the Secretary; “(2) for a period not to exceed 45 days; and “(3) under accounting procedures and such other regulations as the Secretary may require. “(c) An employee may use annual or sick leave to his credit at the time the disability begins, but his compensation for disability does

Ante, p. 1145.

not begin, and the time periods specified by section 8117 of this title do not begin to run, until termination of pay as set forth in subsections (a) and (b) or the use of annual or sick leave ends. “(d) If a claim under subsection (a) is denied by the Secretary, payments under this section shall, at the option of the employee, be charged to sick or annual leave or shall be deemed overpayments of pay within the meaning of section 5584 of title 5, United States Code. “(e) Payments under this section shall not be considered as

5 USC 8101.

compensation as defined by section 8101(12) of this title.”
Sec. 12.

5 USC 8119.

 (a) Section 8119 of the Act is amended to read as follows:
“§ 8119. Notice of injury or death “An employee, injured in the performance of his duty, or someone on his behalf, shall give notice thereof. Notice of a death believed to be related to the employment shall be given by an eligible beneficiary specified in section 8133 of this title, or someone on his behalf. A notice of injury or death shall— “(a) be given within 30 days after the injury or death; “(b) be given to the immediate superior of the employee by personal delivery or by depositing it in the mail properly stamped and addressed: “(c) be in writing; “(d) state the name and address of the employee; “(e) state the year, month, day, and hour when and the particular locality where the injury or death occurred; “(f) state the cause and nature of the injury, or, in the case of death, the employment factors believed to be the cause; and “(g) be signed by and contain the address of the individual giving the notice.”
(b)

The table of contents of chapter 81 of the Act is amended by striking out

“8119.

and inserting in lieu thereof

“8119.
88 Stat. 1147
Sec. 13. Section 8121(3) of the Act is amended by striking out

5 USC 8121.

 “furnished” and inserting “approved” in lieu thereof.
Sec. 14. Section 8122 of the Act is amended as follows:

Disability or death claims, filing deadline.

5 USC 8122.

 (1) Strike subsection (a) of section 8122 and insert in lieu thereof the following: “(a) An original claim for compensation for disability or death must be filed within 3 years after the injury or death. Compensation for disability or death, including medical care in disability cases, may not be allowed if claim is not filed within that time unless— “(1) the immediate superior had actual knowledge of the injury or death within 30 days. The knowledge must be such to put the immediate superior reasonably on notice of an on-the-job injury or death; or “(2) written notice of injury or death as specified in section 8119 of this title was given within 30 days.”

Ante, p. 1146.

 (2) Strike subsection (c) of section 8122 and insert in lieu thereof the following: “(c) The timely filing of a disability claim because of injury will satisfy the time requirements for a death claim based on the same injury.” (3) Subsection (d) of section 8122 is amended by changing the reference to subsection “(a)–(c)” to subsections “(a) and (b)”, by striking out the period at the end thereof and inserting “; or”, and by adding at the end thereof the following new clause: “(3) run against any individual whose failure to comply is excused by the Secretary on the ground that such notice could not be given because of exceptional circumstances.”
Sec. 15. Section 8132 of the Act is amended to read as follows:

5 USC 8132.
“§ 8132. Adjustment after recovery from a third person “If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in a person other than the United States to pay damages, and a beneficiary entitled to compensation from the United States for that injury or death receives money or other property in satisfaction of that liability as the result of suit or settlement by him or in his behalf, the beneficiary, after deducting therefrom the costs of suit and a reasonable attorney’s fee, shall refund to the United States the amount of compensation paid by the United States and credit any surplus on future payments of compensation payable to him for the same injury. No court, insurer, attorney, or other person shall pay or distribute to the beneficiary or his designee the proceeds of such suit or settlement without, first satisfying or assuring satisfaction of the interest of the United States. The amount refunded to the United States shall be credited to the Employees’ Compensation Fund. If compensation has not been paid to the beneficiary, he shall credit the money or property on compensation payable to him by the United States for the same injury. However, the beneficiary is entitled to retain, as a minimum, at least one-fifth of the net amount of the money or other property remaining after the expenses of a suit or settlement have been deducted; and in addition to this minimum and at the time of distribution, an amount equivalent to a reasonable attorney’s fee proportionate to the refund to the United States.”
Sec. 16. (a) Subsections (a) and (b) of section 8133 of the Act

Death compensation.

5 USC 8133.

 are amended to read as follows: 88 Stat. 1148 “(a) If death results from an injury sustained in the performance of duty, the United States shall pay a monthly compensation equal to a percentage of the, monthly pay of the deceased employee in accordance with the following schedule: “(1) To the widow or widower, if there is no child, 50 percent. “(2) To the widow or widower, if there is a child, 45 percent and in addition 15 percent for each child not to exceed a total of 75 percent for the widow’ or widower and children. “(3) To the children, if there is no widow or widower, 40 percent for one child and 15 percent additional for each additional child not to exceed a total of 75 percent, divided among the children share and share alike. “(4) To the parents, if there is no widow, widower, or child, as follows: “(A) 25 percent if one parent was wholly dependent on the employee at the time of death and the other was not dependent to any extent; “(B) 20 percent to each if both were wholly dependent; or “(C) a proportionate amount in the discretion of the Secretary of Labor if one or both were partly dependent. If there is a widow, widower, or child, so much of the percentages are payable as, when added to the total percentages payable to the widow, widower, and children, will not exceed a total of 75 percent. “(5) To the brothers, sisters, grandparents, and grandchildren, if there is no widow, widower, child, or dependent parent as follows: “(A) 20 percent if one was wholly dependent on the employee at the time of death; “(B) 30 percent if more than one was wholly dependent, divided among the dependents share and share alike; or “(C) 10 percent if no one is wholly dependent but one or more is partly dependent, divided among the dependents share and share alike. If there is a widow, widower, or child, or dependent parent, so much of the percentages are payable as, when added to the total percentages payable to the widow, widower, children, and dependent parents, will not exceed a total of 75 percent. “(b) The compensation payable under subsection (a) of this section is paid from the time of death until— “(1) a widow, or widower dies or remarries before reaching age 60; “(2) a child, a brother, a sister, or a grandchild dies, marries, or becomes 18 years of age, or if over age 18 and incapable of self-support becomes capable of self-support; or “(3) a parent or grandparent dies, marries, or ceases to be dependent. Notwithstanding paragraph (2) of this subsection, compensation payable to or for a child, a brother or sister, or grandchild that would otherwise end because the child, brother or sister, or grandchild has reached 18 years of age shall continue if he is a student as defined

Ante, p. 1143.

by section 8101 of this title at the time he reaches 18 years of age for so long as he continues to be such a student or until he marries. A widow or widower who has entitlements to benefits under this title 88 Stat. 1149derived from more than one husband or wife shall elect one entitlement to be utilized.” (b) Section 8135(b) of the Act is amended by inserting after “On

S USC 8135.

 remarriage” the following: “before reaching age 60”.
Sec. 17. Section 8133(e) (1) of the Act is amended to read as follows:

5 USC 8133.

5 USC 8114.

Infra.

 “(1) the monthly pay computed under section 8114 of this title, except for increases authorized by section 8146a of this title; or”.
Sec. 18. Section 8133 of the Act is amended by adding at the end

Supra.

 thereof the following new subsection: “(f) Notwithstanding any funeral and burial expenses paid under section 8134, there shall be paid a sum of $200 to the persona] representative

5 USC 8134.

 of a deceased employee within the meaning of section 8101(1) of this title for reimbursement of the costs of termination

Ante, p. 1143.

 of the decedent’s status as an employee of the United States.”
Sec. 19. Section 8135(a) (1) of the Act is amended by striking out

Lump-sum payments.

5 USC 8135.

 “$5” and inserting in lieu thereof “$50”.
Sec. 20. The last two sentences of subsection (a) of section 8135 of the Act are amended to read as follows: “The probability of the death of the beneficiary before the expiration of the period during which he is entitled to compensation shall be determined according to the most current United States Life Tables, as developed by the United States Department of Health, Education, and Welfare, which shall be updated from time to time, but the lump-sum payment to a widow or widower of the deceased employee may not exceed 60 months’ compensation. The probability of the happening of any other contingency affecting the amount or duration of compensation shall be disregarded.”
Sec. 21. Section 8146a of the Act is amended by striking “third”

Cost-of-living adjustments.

5 USC 8146a.

 from subsection (a) and by striking subsection (b) and inserting in lieu thereof ti e following: “(b) The regular periodic compensation payments after adjustment under this section shall be fixed at the nearest dollar. However, the regular periodic compensation after adjustment shall reflect an increase of at least $1.”
Sec. 22. Subchapter I of chapter 81 of the Act is amended by adding the following new section:
Ҥ 8151. Civil service retention rights

5 USC 8151.

 “(a) In the event the individual resumes employment with the Federal Government, the entire time during which the employee was receiving compensation under this chapter shall be credited to the employee for the purposes of within-grade step increases, retention purposes, and other rights and benefits based upon length of service. “(b) Under regulations issued by the Civil Service Commission— “(1) the department or agency which was the last employer shall immediately and unconditionally accord the employee, if the injury or disability has been overcome within one year after the date of commencement of compensation or from the time compensable disability recurs if the recurrence begins after the injured employee resumes regular full-time employment with the United States, the right to resume his former or an equivalent position, as well as all other attendant rights which the employee would have had, or acquired, in his former position had he not been injured or disabled, including the rights to tenure, promotion, and safeguards in reductions-in-force procedures, and 88 Stat. 1150 “(2) the department or agency which was the last employer shall, if the injury or disability is overcome within a period of more than one year after the date of commencement of compensation, make all reasonable efforts to place, and accord priority to placing, the employee in his former or equivalent position within such department or agency, or within any other department or agency.”

Repeal.

(c) Section 3315a of title 5, United States Code, is repealed upon the effective date of this section.
Sec. 23. (a) The table of contents of chapter 81 of the Act is amended by the addition of the following: “8151.

5 USC 8142.

(b) Section 8142(c)(2) of the Act is amended by adding after “Title 22” the phrase “, or a volunteer with one or more minor children as defined in section 2504 of title 22,”.
Sec. 24.

Ante, p. 1149.

 Section 8146a of the Act is amended by adding at the end thereof the following new subsection: “(c) This section shall be applicable to persons excluded by section 15 of the Federal Employees’ Compensation Act Amendments of 1966 (Public Law 89–488) under the following statutes: Act of February 15, 1934 (48 Stat. 351); Act of June 26, 1936 (49 Stat. 2035); Act of April 8, 1935 (49 Stat. 115); Act of July 25, 1942 (56 Stat. 710); Public Law 84–955 (August 3, 1956); Public Law 77–784 (December 2, 1942); Public Law 84–879 (August 1, 1956); Public

50 USC app. 2001 note.

Law 80–896 (July 3, 1948); Act of September 8, 1959 (73 Stat. 469). Benefit payments to these persons shall initially be increased by the total percentage of the increases in the price index from the base month of July 1966, to the next most recent base month following the effective date of this subsection.”
Sec. 25.

5 USC 8147.

 Section 8147 of the Act is amended by adding after the first comma in subsection (c) the following: “the Ignited States Postal Service, or”.
Sec. 26. Section 8147(a) of the Act is amended by striking out “Bureau of the Budget” and inserting in lieu thereof “Office of Management and Budget”.
Sec. 27.

Study.

5 USC 8101 note.

 The Secretary of Labor shall conduct a study of the provisions of the Act and the programs thereunder, which shall include, but is not necessarily limited to— (1) such hearings, research, and other activities as the Secretary of Labor deems necessary in order to enable him to formulate appropriate recommendations, (2) specific examination of the need of granting the Secretary of Labor the authority to increase the allowance for services of

Ante, p. 1145.

attendants under section 8111(a) of the Act above the maximum amount fixed under such section where exceptional circumstances exist, (3) an examination and evaluation of the effectiveness of the Act, and (4) recommendations regarding survivor benefits.

Report to Congress.

The Secretary of Labor shall report the results of such study, together with his findings and recommendations, to the Congress not later than 12 months after the date of the enactment of this Act.
Sec. 28. (a) Except as otherwise provided by this section this Act

Effective dates.

5 USC 8101 note.

 shall take effect on the date of enactment and be applicable to any injury or death occurring on or after such effective date. The amendments made by sections 1 (b) and (c), 2, 3, 7 (a) and (b), 8 (a) and (b), 9,16 (a) and (b), 17, 19,20, 21,22,24, and 25 shall be applicable to cases where the injury or death occurred prior to the date of enactment but the provisions of these sections shall be applicable only to a period beginning on or after the date of enactment. (b) Section 11 of this Act shall become effective 60 days from

5 USC 8101 note.

 enactment and be applicable to any injury occurring on or after such effective date.
Approved September 7, 1974.
Public Law 93–417: To authorize the Secretary of State to prescribe the fee for execution of an application for a passport anti to continue to transfer to the United States Postal Service the execution fee for each application accepted by that Service. Public Law417 Public Law 93–417 [88 Stat. 1151] 1974-09-17 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 1151 Public Law 93–417
AN ACT To authorize the Secretary of State to prescribe the fee for execution of an application for a passport anti to continue to transfer to the United States Postal Service the execution fee for each application accepted by that Service.

September 17, 1974

[H. R. 15172]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 1 of

Secretary of State.

Passport fees.

 the Act of June 4, 1920 (22 U.S.C. 214), is amended to read as follows:
“Section 1. There shall be collected and paid into the Treasury of the United States quarterly a fee of $10 for each passport issued and a fee in an amount prescribed by the Secretary of State by regulation for executing each application for a passport. Nothing contained in this section shall be construed to limit the right of the Secretary of State by regulation (1) to authorize State officials to collect and retain the execution fee, or (2) to transfer to the United States Postal Service the execution fee for each application accepted by that Service. No passport fee shall be collected from an officer or employee of the United States proceeding abroad in the discharge of official duties, or from members of his immediate family; from an American seaman who requires a passport in connection with his duties aboard an American flag-vessel; or from a widow, child, parent, brother, or sister of a deceased member of the Armed Forces proceeding abroad to visit the grave of such member. No execution fee shall be collected for an application made before a Federal official by a person excused from payment of the passport fee under this section.”.
Approved September 17, 1974.
Public Law 93–418: Authorizing the President to proclaim the period of September 15, 1974, through October 15, 1974, as “Johnny Horizon ’76 Clean Up America Month”. Public Law418 Public Law 93–418 [88 Stat. 1151] 1974-09-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–418
JOINT RESOLUTION Authorizing the President to proclaim the period of September 15, 1974, through October 15, 1974, as “Johnny Horizon ’76 Clean Up America Month”.

September 18, 1974

[H. J. Res 1070]
That the President is hereby

Johnny Horizon ’76 Clean Up America Month.

Designation authorization.

 authorized and requested to issue a proclamation designating the period of September 15, 1974, through October 15, 1974, as “Johnny Horizon ’76 Clean Up America Month”, and calling upon the people of the United States to observe such period with appropriate activities.
Approved September 18, 1974.
Public Law 93–419: To amend title 37, United States Code, to refine the procedures for adjustments in military compensation, and for other purposes. Public Law419 Public Law 93–419 [88 Stat. 1152] 1974-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 1152 Public Law 93–419
AN ACT To amend title 37, United States Code, to refine the procedures for adjustments in military compensation, and for other purposes.

September 19, 1974

[H. R. 15406]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Uniformed services.

Compensation adjustments.
That chapter 1 of title 37, United States Code, is amended by amending section 101 as follows:

“Regular compensation” and “regular military compensation (RMC).”

“(25) ‘regular compensation’ or ‘regular military compensation (RMC)’ means the total of the following elements that a member of a uniformed service accrues or receives, directly or indirectly, in cash or in kind every payday: basic pay, basic allowance for quarters, basic allowance for subsistence; and Federal tax advantage accruing to the aforementioned allowances because they are not subject to Federal income tax.”
Sec. 2.

Basic pay rates.

 Chapter 3 of title 37, United States Code, is amended by amending section 203(a) to read as follows: “(a) The rates of monthly basic pay for members of the uniformed services within each pay grade are those prescribed in accordance with

Infra.

section 1009 of this title.”
Sec. 3. Chapter 7 of title 37, United States Code, is amended as follows:

Basic subsistence allowance.

37 USC 402.

(1) By amending section 102(a) to read as follows: “(a) Except as otherwise provided by law, each member of a uniformed service who is entitled to basic pay is entitled to a basic allowance for subsistence as set forth in this section.” (2) By amending the fourth sentence of section 402(b) to read as follows: “The allowance for an enlisted member who is authorized to receive the basic allowance for subsistence under this subsection is at the rate prescribed in accordance with section 1009 of this title.” (3) By amending the first sentence of section 402(c) to read as follows: “An officer of a uniformed service who is entitled to basic pay is, at all times, entitled to the basic allowance for subsistence at the monthly rate prescribed in accordance with section 1009 of this title.”

Repeal.

(4) by repealing section 402(d). (5) By redesignating section 402(e) as section 402(d), and section 402(f) as section 402(e).

Basic quarters allowance.

37 USC 403.

(6) By amending section 403 (a) to read as follows: “(a) Except as otherwise provided by law, a member of a uniformed service who is entitled to basic pay is entitled to a basic allowance for quarters at the monthly rates prescribed in accordance with section 1009 of this title, according to the pay grade hi which he is assigned or distributed for basic pay purposes.”
Sec. 4. Chapter 19 of title 37, United States Code, is amended by adding the following new section after section 1008 and inserting a corresponding item in the chapter analysis:
Ҥ 1009.

37 USC 1009.

 Adjustments of compensation “(a) Whenever the General Schedule of compensation for Federal classified employees as contained in section 5332 of title 5, United

5 USC 5332 note.

States Code, is adjusted upward, the President shall immediately make an upward adjustment in the— “(1) monthly basic pay authorized members of the uniformed

Supra.

services by section 203 (a) of this title; “(2) basic allowance for subsistence authorized enlisted members

Supra.

and officers by section 402 of this title; and “(3) basic allowance for quarters authorized members of the

Supra.

uniformed services by section 403(a) of this title. 88 Stat. 1153 “(b) An adjustment under this section shall have the force and effect of law and shall— “(1) carry the same effective date as that applying to the compensation adjustments provided General Schedule employees;

5 USC 5332 note.

 “(2) be based on the rates of the various elements of compensation as defined in, or made under, section 8 of the Act of December 16, 1967 (Public Law 90–207; 81 Stat. 654), section

Infra.

 402 or 403 of this title, or this section; and

Ante, p. 1152.

 “(3) provide all eligible members with an increase in each element of compensation, set forth in subsection (a) of this section, which is of the same percentage as the overall average percentage increase in the General Schedule rates of basic pay for civilian employees.”
Sec. 5. Until the effective date of the, first upward adjustment

37 USC 1009 note.

 in the rates of monthly basic pay for members of the uniformed services made by the President under section 1009 of title 37. United States Code, as added by section 4 of this Act, after the effective date of

Ante, p. 1152.

 this Act, the rates of monthly basic pay for members of the uniformed services authorized by section 203(a) of that title are those prescribed

Ante, p. 1152.

 by Executive Order 11740 of October 3, 1973, which became effective

37 USC 203 note.

 on October 1, 1973.
Sec. 6. Until the effective date of the first upward adjustment in the

37 USC 1009 note.

 rates of basic allowance for subsistence for enlisted members and officers made by the President under section 1009 of title 37, United States Code, as added by section 4 of this Act, after the effective date of this Act, the rates prescribed under section 402 of title 37, United States Code, as it existed on the date before the effective date of this Act, shall continue in effect.
Sec. 7. Until the effective date of the first adjustment in the rates of

37 USC 1009 note.

 basic allowance for quarters for members of the uniformed services made by the President under section 1009 of title 37, United States Code, as added by section 4 of this Act, after the effective date of this Act, the rates of basic allowance for quarters prescribed in section 403 (a) of title 37, United States Code, as it existed on the day before the effective date of this Act, shall continue in effect.
Sec. 8. Section 8 of the Act of December 16, 1967 (Public Law

Repeal.

37 USC 203 note.

 90–207; 81 Stat. 654), is repealed.
Sec. 9. This Act is effective upon enactment.

Effective date.

37 USC 1009 note.
Approved September 19, 1974.
Public Law 93–420: To amend the Act of October 13, 1972. Public Law420 Public Law 93–420 [88 Stat. 1153] 1974-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–420
AN ACT To amend the Act of October 13, 1972.

September 19, 1974

[S. 3052]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Act

Commission on Revision of the Federal Court Apellate System.

28 USC 41 note.

 of October 13, 1972 (86 Stat. 807) is amended as follows: (a) Section (2) of section 6 of such Act is amended by striking out “fifteen months’- and inserting in lieu thereof “twenty-four months”. (b) Section 7 of such Act is amended by striking out “not more than $270,000” and inserting in lieu thereof “not more than $606,000”.
Approved September 19, 1974.
Public Law 93–421: To authorize Federal agricultural assistance to Guam for certain purposes. Public Law421 Public Law 93–421 [88 Stat. 1154] 1974-09-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 1154 Public Law 93–421
AN ACT To authorize Federal agricultural assistance to Guam for certain purposes.

September 19, 1974

[H. R. 13267]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Guam.

Fire control, watershed protection and reforestation. Federal assistance.

48 USC 142lo.
That the Secretary of Agriculture is authorized to provide financial and technical assistance to Guam for improving fire control, watershed protection and reforestation, consistent with existing Jaws, administered by the Secretary of Agriculture, which are applicable to the continental United States. The program authorized by this section shall be developed in cooperation with the territorial government of Guam and shall be covered by a memorandum of understanding agreed to by the territorial government and the Department. The Secretary may also utilize the agencies, facilities, and employees of the Department, and may cooperate with other public agencies and with private organizations and individuals in Guam and elsewhere.
Sec. 2.

Appropriation.

48 USC 1421p.

 There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act. Sums appropriated in pursuance of this Act may be allocated to such agencies of the Department as are concerned with the administration of the program in Guam.
Approved September 19, 1974.
Public Law 93–422: To extend the Drug Abuse Education Act of 1970 for three years. Public Law422 Public Law 93–422 [88 Stat. 1154] 1974-09-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–422
AN ACT To extend the Drug Abuse Education Act of 1970 for three years.

September 21, 1974

[H. R. 9456]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Alcohol and Drug Abuse Education Act Admendments of 1974.

21 USC 1001 note.

21 USC 1001.

21 USC 1001.
That this Act may be cited as the “Alcohol and Ding Abuse Education Act Amendments of 1974”.
Sec. 2. (a) Section 1 of the Drug Abuse Education Act of 1970 (21 U.S.C. 1001) is amended to read as follows: “This Act may be cited as the ‘ Alcohol and Drug Abuse Education Act’.”. (b) Section 2 of such Act is amended to read as follows:
“Sec. 2. (a) The Congress hereby finds and declares that drug and alcohol abuse diminishes the strength and vitality of the people of our Nation; that an increasing number of substances, both legal and illegal, are being abused by increasing numbers of individuals; that abuse of any substance is complex human behavior which is influenced by many forces, including school, family, church, community, media, and peer groups; and that prevention and early intervention in such behavior require cooperation and coordination among all of these elements in strategies designed to respond to carefully defined problems. “(b) It is the purpose of this Act to encourage the development of new and improved curricula on the problems of drug abuse; to demonstrate the use of such curricula in model educational programs and to evaluate the effectiveness thereof; to disseminate curricular materials and significant information for use in educational programs throughout the Nation; to provide training programs for teachers, counselors, law enforcement officials, and other public service and community leaders; and to offer community education programs for parents and others, on drug abuse problems. 88 Stat. 1155 “(c) It is further the purpose of this Act to provide leadership to schools and other institutions in the community by supporting projects to identify, evaluate, demonstrate, and disseminate effective strategies for prevention and early intervention and to provide training and technical assistance to schools and other Segments of the community in adapting such strategies to identified local needs.”
(c) Section 3 of such Act is amended to read as follows:

21 USC 1002.
“alcohol and drug abuse education projects “Sec. 3. (a) The Commissioner of Education shall carry out a

Grants and contracts.

 program of making grants to, and contracts with institutions of higher education, State and local educational agencies, and public and private education or community agencies, institutions, and organizations to support and evaluate demonstration projects, to encourage the establishment of such projects throughout the Nation, to train educational and community personnel, and to provide technical assistance in program development. In carrying out such program, the Commissioner of Education shall give priority to school based programs and projects. “(b) Funds appropriated for grants and contracts under this Act shall be available for activities, including bilingual activities, such as— “(1) projects for the development, testing, evaluation, and dissemination of exemplary materials for use in elementary, secondary, adult, and community education programs, and for training in the selection and use of such materials; “(2) comprehensive demonstration programs which focus on the causes of drug and alcohol abuse rather than on the symptoms; which include both schools and the communities within which the schools are located; which emphasizes the effective as well as the cognitive approach; which reflect the specialized needs of communities; and which include, in planning and development, school personnel, the target population, community representation, and parents; “(3) creative primary prevention and early intervention programs in schools, utilizing an interdisciplinary ‘school team’ approach, developing in educational personnel and students skills in planning and conducting comprehensive prevention programs which include such activities as training drug and alcohol education specialists and group leaders, peer group and individual counseling, and student involvement in intellectual, cultural, and social alternatives to drug and alcohol abuse; “(4) preservice and inservice training programs on drug and

Training programs.

 alcohol abuse prevention for teachers, counselors, and other educational personnel, law enforcement officials, and other public service and community leaders and personnel; “(5) community education programs on drug and alcohol abuse, especially for parents and others in the community; “(6) programs or projects to recruit, train, organize, and employ professionals and other persons, including former drug and alcohol abusers and former drug- and alcohol-dependent persons, to organize and participate in programs of public education in drug and alcohol abuse; and 88 Stat. 1156 “(7) projects for the dissemination of valid and effective school and community drug and alcohol abuse educational programs.

Local educational agencies, financial assistance.

“(c) In addition to the purposes described in subsection (b) of this section, funds in an amount not to exceed 10 per centum of the sums appropriated to carry out this Act may be made available for the payment of reasonable and necessary expenses of State educational agencies for assisting local educational agencies in the planning, development, and implementation of drug and alcohol abuse education programs, including such projects as— “(1) inservice training of education personnel, “(2) technical assistance to local school districts, “(3) creative leadership in programing for indigenous minorities, and “(4) training of peer counselors.

Application for assistance, requirements.

“(d) (1) Financial assistance under this section may be made only upon application at such time or times, in such manner, and containing or accompanied by such information as the Commissioner deems necessary, and only if such application— “(A) provides that activities and services for which assistance under this title is sought will be administered by or under the supervision of the applicant; “(B) provides for car lying out one or more projects or programs eligible for assistance under subsections (b) and (c) of this section and provides for such methods of administration as are necessary for the proper and efficient operation of such projects or programs; “(C) sets forth policies and procedures which assure that Federal funds made available under this section for any fiscal year will be so used as to supplement and, to the extent practical, increase the level of funds that would, in the absence of such Federal funds, be made available by the applicant for the purposes described in subsections (b) and (c) of this section, and in no case supplant such funds; and

Reports and records.

“(D) provides for making such reports, in such form and containing such information, as the Commissioner may reasonably require, and for keeping such records and affording such access thereto as the Commissioner may find necessary to assure to correctness and verification of such reports.

Applications, submittal and approval.

“(2) An application from a local education agency for financial assistance under this section may be approved by the Commissioner only after the applicant has submitted the application to the State educational agency. The State educational agency shall, not more than thirty days after the date of receipt of the application, submit to the Secretary in writing its comments on the application. A copy of such comments shall be submitted at the same time to the applicant.

Amended applications.

“(3) Amendments of applications shall, except as the Commissioner may otherwise provide by or pursuant to regulation, be subject to the requirements set forth in subsections (d)(1) and (d)(2). “(e) (1) The Commissioner may use funds in an amount not exceeding 1 per centum of the funds appropriated to carry out this section for a fiscal year for independent analysis and evaluation of the effectiveness of the drug and alcohol abuse education programs assisted under this section.

Report to congressional committees.

“(2) The Commissioner shall, not later than March 31 of each calendar year, submit an evaluation report to the House and Senate Committees on Appropriations, the House Committee on Education and Labor, and the Senate Committee on Labor and Public Welfare.

Contents.

Such report shall— 88 Stat. 1157 “(A) contain the agency’s statement of specific and detailed objectives for the program or programs assisted under the provisions of this Act, and relate these objectives to those in the Act, “(B) include statements of the agency’s conclusions as to effectiveness of the program or programs in meeting the stated objectives, measured through the end of the preceding fiscal year, “(C) make recommendations with respect to any changes or additional legislative action deemed necessary or desirable in carrying out the program or programs. “(D) contain a listing identifying the principal analyses and studies supporting the major conclusions and recommendations, and “(E) contain the agency’s annual evaluation plan for the program or programs through the ensuing fiscal year for which the budget was transmitted to Congress by the President, in accordance with section 201(a) of the Budget and Accounting Act of 1921 (31 U.S.C. 11). “(f) There are authorized to be appropriated to carry out the

Appropriation.

 purposes of this section $26,000,000 for the fiscal year ending June 30, 1975, $30,000,000 for the fiscal year ending June 30, 1976, and $34,000,000 for the fiscal year ending June 30, 1977. Not less than 60 per centum of the amount appropriated for a fiscal year under this section shall be used for drug and alcohol abuse education programs and projects in elementary and secondary schools.”
(d) Section 4 of such Act is amended to read as follows:

Recordkeeping.

21 USC 1003.
“Sec. 4. (a) Each recipient of Federal assistance under this Act, pursuant to grants, subgrants, contracts, subcontracts, loans, or other arrangements, entered into other than by formal advertising, and which are otherwise authorized by this Act, shall keep such records as the Commissioner shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. “(b) The Secretary and the Comptroller General of the United

Records, accessibility.

 States or any of their duly authorized representatives, shall, until the expiration of three years after completion of the project or undertaking referred to in subsection (a) of this section, have access for the purpose of audit and examination to any books, documents, papers, and records of such recipients which in the opinion of the Secretary or the Comptroller General may be related or pertinent to the grants, subgrants, contracts, subcontracts, loans, or other arrangements referred to in subsection (a).”
(e) Section 5 of such Act is amended by striking out “drug abuse”

21 USC 1004.

 each time it appears and inserting in lieu thereof “drug and alcohol abuse”. (f) Section 8 of such Act is amended—

21 USC 1007.

 (1) by redesignating subsection (b) as subsection (c); and (2) by adding after subsection (a) the following new subsection: “(b) The term ‘Commissioner’ means the Commissioner of

“Commissioner.”

 Education.”.
Approved September 21, 1974.
Public Law 93–423: To amend the Public Works and Economic Development Act of 1965 to extend the authorizations for a 2-year period, and for other purposes. Public Law423 Public Law 93–423 [88 Stat. 1158] 1974-09-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 1158 Public Law 93–423
AN ACT To amend the Public Works and Economic Development Act of 1965 to extend the authorizations for a 2-year period, and for other purposes.

September 27, 1974

[H. R. 14883]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Public works program.

Extension.

42 USC 3135.
That the first sentence of section 105 of the Public Works and Economic Development Act of 1965, as amended, is amended by striking the period at the end thereof and inserting a comma and the following: “not to exceed $200,000,000 for the fiscal year ending June 30, 1975, and not to exceed $250,000,000 for the fiscal year ending June 30, 1976.”. The final sentence of section 105 of such Act, as amended, is amended by inserting immediately after the words “and June 30, 1974,” the following: “and not less than 10 per centum nor more than 35 per centum of all appropriations made for the fiscal years ending June 30, 1975 and June 30, 1976,”.
Sec. 2.

Health project grants.

42 USC 3132.

 Section 102 of the Public Works and Economic Development Act of 1965, as amended, is amended to read as follows:
“Sec. 102. For each of the fiscal years ending June 30, 1975, and June, 30, 1976, not to exceed $30,000,000 of the funds authorized to be

Supra.

appropriated under section 105 of this Act for each such fiscal year shall be available for grants for operation of any health project funded under this title after the date of enactment of this section. Such grants may be made up to 100 per centum of the estimated cost of the first fiscal year of operation, and up to 100 per centum of the deficit in funds available for operation of the faculty during the second fiscal year of operation. No grant shall be made for the second fiscal year of operation of any facility unless the agency operating such facility has adopted a plan satisfactory to the Secretary of Health, Education, and Welfare, providing for the funding of operations on a permanent basis. Any grant under this section shall be made upon the condition that the operation of the facility will be conducted under efficient management practices designed to obviate operating deficits, as determined by the Secretary of Health, Education, and Welfare.”
Sec. 3.

Area eligibility.

 (a) Title IV of such Act is amended— (1) by adding the following new paragraph at the end of section

42 USC 3161.

401(a): “(8) those areas which the Secretary of Labor determines, on the basis of average annual available unemployment statistics, were areas of substantial unemployment during the preceding calendar year.”; and (2) by striking out the period at the end of section 401(a) (7) and inserting in lieu thereof a semicolon.

42 USC 3161 note.

(b) Any area of substantial unemployment so designated under authority of section 102 of title I of the Public Works and Economic

Supra.

Development Act of 1965 which has not had such designation terminated before the date of enactment of this section shall be deemed for the purposes of such Act to be such an area designated under section

Supra.

401(a) (8) of such Act.
Sec. 4.

Loans, extension.

42 USC 3141.

 (a) Section 201(c) of such Act, as amended, is amended by striking out the period at the end and inserting in lieu thereof “, and shall not exceed $75,000,000 per fiscal year for the fiscal years ending June 30, 1975, and June 30, 1976.”.

Loans for redevelopment areas.

42 USC 3142.

(b) Section 202 of such Act, as amended, is amended— (1) by striking all of subsection (a) and inserting in lieu thereof the following new subsection:
“Sec. 202. (a) (1) The Secretary is authorized to aid in financing, within a redevelopment area, the purchase or development of land and 88 Stat. 1159facilities (including machinery and equipment) for industrial or commercial usage, including the construction of new buildings, the rehabilitation of abandoned or unoccupied buildings, and the alteration, conversion, or enlargement of existing buildings by (A) purchasing evidences of indebtedness, (B) making loans (which for purposes of this section shall include participation in loans), (C) guaranteeing loans made to private borrowers by private lending institutions, for any of the purposes referred to in this paragraph upon application of such institution and upon such terms and conditions as the Secretary may prescribe, except that no such guarantee shall at any time exceed 90 per centum of the amount of the outstanding unpaid balance of such loan. “(2) The, Secretary is authorized Io aid in financing any industrial

Working capital loans, guarantees.

 or commercial activity within a redeveloment area by (A) making working capital loans, (B) guaranteeing working capital loans made to private borrowers by private lending institutions upon application of such institution and upon such terms and conditions as the Secretary may prescribe, except that no such guarantee shall at any time exceed 90 per centum of the amount of the outstanding unpaid balance of such loan, (C) guaranteeing rental payments of leases for buildings and equipment, except that no such guarantee shall exceed 90 per centum or the remaining rental payments required by the lease.”;
(2) by striking out in subsection (b) (7) the comma after the words “no loan” and inserting immediately thereafter the words “or guarantee,”. (3) by striking out in subsection (b) (9) “Loan assistance” and inserting in lieu thereof “Loan assistance (other than for a working capital loan)”.
Sec. 5. (a) Section 302 of such Act, as amended, is amended by

42 USC 3152.

 redesignating such section as section 303. (b) Such Act, as amended, is amended by inserting immediately after section 301 the following new section 302:

42 USC 3151.
“Sec. 302. (a) The Secretary is authorized, upon application of

Economic development planning, grants.

42 USC 3151a.

 any State, or city, or other political subdivision of a State, or sub-State planning and development organization (including a redevelopment area or an economic development district), to make direct grants to such State, city, other political subdivision, or organization to pay up to 8(1 per centum of the cost for economic development planning. The planning for cities, other political subdivisions, and sub-State planning and development organizations (including redevelopment areas and economic development districts) assisted under this section shall include systematic efforts to reduce unemployment and increase incomes. Such planning shall be a continuous process involving public officials and private citizens in analyzing local economies, defining development goals, determining project opportunities, and formulating and implementing a development program. Any overall State

Cooperative planning.

 economic development planning assisted under this section shall be conducted cooperatively by the State, cities and other political subdivisions, and economic development organizations (including redevelopment areas and economic development districts) located in whole or in part within such State, and such State planning shall incorporate the goals and objectives of local and economic development district planning. Any overall State economic development planning shall be a part of a comprehensive planning process that shall consider the provision of public works to stimulate and channel development, economic opportunities and choices for individuals; to support sound land use, to enhance and protect the environment including the con-88 Stat. 1160servation and preservation of open spaces and environmental quality, to provide public services, and to balance physical and human resources through the management and control of physical development. The assistance available under this section may be provided in addition

42 USC 3151.

to assistance available under section 301(b) of this Act but shall not supplant such assistance and shall be available to develop an annual inventory of specific recommendations for assistance under section 304

Infra.

Annual report.

of this Act. Each State receiving assistance under this subsection shall submit to the Secretary an annual report on the planning process assisted under this subsection.

Development districts, assistance.

“(b) In addition, the Secretary is authorized to assist economic development districts in— “(1) providing technical assistance (other than by grant) to local governments within the district; and “(2) carrying out any review procedure required pursuant to

42 USC 4231.

title IV of the Intergovernmental Cooperation Act of 1968, if such district has been designated as the agency to conduct such review.”. “(c) The planning assistance authorized under this title shall be used in accordance with the review procedure required pursuant to title IV of the Intergovernmental Cooperation Act of 1968 and shall be used in conjunction with any other available Federal planning assistance to assure adequate and effective planning and economical use of funds.”

Ante, p. 1159.

(c) Section 303 of such Act, as redesignated by this Act, is amended by inserting “(a)” immediately after “Sec. 303.”, by striking “this title” and inserting in lieu thereof “sections 301 and 302 of this Act”, by striking out the period at the end and inserting in lieu thereof the following: “and $75,000,000 per fiscal year for the fiscal years ending June 30, 1975, and June 30, 1976.”.

Limitation.

“(b) Not to exceed $15,000,000 in each of the fiscal years ending June 30, 1975, and June 30, 1976, of the sums authorized to be appropriated under subsection (a) of this section, shall be available to make grants to States.”. (d) Such Act, as amended, is amended by adding after section 303 the following new section:
“supplemental and basic grants “Sec. 304.

42 USC 3153.

 (a) There are hereby authorized to be appropriated $35,000.000 for the fiscal year ending June 30, 1975, and $75,000,000 for the fiscal year ending June 30, 1976, for apportionment by the Secretary among the States for the purpose of supplementing or making grants and loans authorized under titles I, II, and IV of this

42 USC 3131, 3141, 3161.

Act. Such funds shall be apportioned among the States in the ratio which all grants made under title I of this Act since August 26, 1965, in each State bear to the total of all such grants made in all the States since August 26, 1965.

State contribution.

“(b) Funds apportioned to a State pursuant to subsection (a) shall be available for supplementing or making such grants or loans if the State makes a contribution of at least 25 per centum of the amount of such grant or loan in each case. Funds apportioned to a State under subsection (a) shall remain available to such State until obligated or expended by it. “(c) Funds apportioned to a State pursuant to this section may be used by the Governor in supplementing grants or loans with respect to any project or assistance authorized under title I, IT, or IV of this 88 Stat. 1161Act, and approved by the Secretary after July 1, 1974. Such grants

42 USC 3131/s3141/s3161.

 may be used to reduce or waive the non-Federal share otherwise required by this Act, subject to the requirements of subsection (b) of this section, “(d) In the case of any grant or loan for which all or any portion

Federal contribution.

 of the basic Federal contribution to the project under this Act is proposed to be made with funds available under this section, no such Federal contribution shall be made until the Secretary of Commerce certifies that such project meets all of the requirements of this Act and could be approved for Federal contributions under this Act if funds were available under this Act (other than section 509) for such project.

42 USC 3188a.

 Funds may be provided for projects in a State under this section only if the Secretary determines that the level of Federal and State financial assistance under this Act (other than section 509) and under Acts other than this Act, for the same type of projects in the State, will not be diminished in order to substitute funds authorized by this section. “(e) After June 30, 1975, funds apportioned to a State pursuant to this section shall be used by the Governor in a manner which is consistent with the State planning process assisted under section 302 of this Act, if such planning process has been established in such State.”

Ante, p. 1159.
Sec. 6. Section 401 (a) (3) of such Act, as amended, is amended by

42 USC 3161.

 adding at the end thereof the following: “Provided, however, That uninhabited Federal or State Indian reservations or trust or restricted Indian-owned land areas may be designated where such designation would permit assistance to Indian tribes, with a direct beneficial effect on the economic well-being of Indians:”.
Sec. 7. (a) Section 403(a)(1)(B) of such Act, as amended, is

District eligibility.

42 USC 3171.

 amended by striking out the words “two or more redevelopment areas” and inserting in lieu thereof “at least one redevelopment area”. (b) Section 403 of such Act, as amended, is amended by inserting at the end of such section the following two new subsections: “(i) Bach economic development district designated by the Secretary under this section shall as soon as practicable after the date of enactment of this section or after its designation provide that a copy of the district overall economic development program be furnished to the appropriate regional commission established under title V of this Act, if any part of such proposed district is within such a region, or

42 USC 3181.

 to the Appalachian Regional Commission established under the Appalachian Regional Development Act of 1965, if any part of such proposed

40 USC app. 1.

 district is within the Appalachian region. “(j) The Secretary is authorized to provide the financial assistance which is available to a redevelopment area under this Act to those parts of an economic development district which are not within a redevelopment area, when such assistance will be of substantial direct benefit to a redevelopment area within such district. Such financial assistance shall be provided in the same manner and to the same extent as is provided in this Act for a redevelopment area, except that nothing in this subsection shall be construed to permit such parts to receive the increase in the amount of grant assistance authorized in paragraph (4) of subsection (a) of this section.”. (c) Section 403(g) of such Act, as amended, is amended by striking out. “for the fiscal year ending June 30, 1974,” and inserting in lieu thereof “per fiscal year for the fiscal years ending June 30, 1974. June 30, 1975, and June 30, 1976,”.
Sec. 8. Title IV of the Public Works and Economic Development Act of 1965, as amended, is amended by adding at the end thereof the

42 USC 3161.

 following new part: 88 Stat. 1162 “Part C— Indian Economic Development
“Sec. 404.

42 USC 3172.

 In order to assure a minimum Federal commitment to alleviate economic distress of Indians, in addition to their eligibility for assistance with funds authorized under other parts of this Act, there are authorized to be appropriated not to exceed $25,000,000 per fiscal year for the fiscal years ending June 30, 1975, and June 30, 1976, for the purpose of providing assistance under this Act to Indian tribes. Such sums shall be in addition to all other funds made available to Indian tribes under this Act.”
Sec. 9.

42 USC 3183.

 (a) Section 503 of such Act, as amended, is amended by inserting “district,” in paragraph (7) of subsection (a), immediately after “other Federal, State,”.

Technical and planning assistance.

42 USC 3185.

(b) The first sentence of section 505(a) (2) of such Act, as amended, is amended by striking out “and training programs” and inserting “training programs, and the payment of administrative expenses to sub-State planning and development organizations (including economic development districts),” in lieu thereof.

Grants-in-aid.

42 USC 3188a.

(c) Section 509(d) of such Act, as amended, is amended by striking out “and for the fiscal year ending June 30, 1974, to be available until expended, $95,000,000.” and inserting in lieu thereof “for the fiscal year ending June 30, 1974, to be available until expended, $95,000,000, and for each of the fiscal years ending June 30, 1975, and June 30, 1976, to be available until expended, $150,000,000.”.

42 USC 3190.

(d) Section 511 of such Act, as amended, is amended to read as follows:
“coordination “Sec. 511. (a) The Secretary shall coordinate his activities in making grants and loans and providing technical assistance under this Act with those of each of the regional commissions (acting through the Federal and State cochairmen) established under this Act in making grants and providing technical assistance under this title, and each of such regional commissions shall coordinate its activities in making grants and providing technical assistance under this title with those activities of the Secretary under this Act. “(b) Each regional commission established under this Act shall give due consideration in carrying out its activities under paragraphs (2)

42 USC 3183.

and (7) of section 503(a) of this Act to the activities of other Federal, State, local, and sub-State (including economic development districts) planning agencies in the region.”
Sec. 10. Section 2 of the Act entitled “An Act to amend the Public Works and Economic Development Act of 1965 to extend the authorizations for titles I through IV through fiscal year 1971”, approved

42 USC 3162 note.

July 6, 1970 (Public Law 91–304), is amended by striking out “1974” and inserting in lieu thereof “1976”.
Sec. 11. Title V of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3181 et seq.) is amended by adding at the end thereof the following new section:
“regional excess property program “Sec. 514.

Acquisition and disposal.

42 USC 3193.

42 USC 3182.

 (a) Notwithstanding any other provision of law, and subject to subsection (b), the Federal cochairman of each regional commission established under section 502 of this Act may acquire excess property, without reimbursement, through the Administrator of General Services and shall dispose of such property, without reim-88 Stat. 1163bursement and for the purpose of economic development, by loaning to, or by vesting title in, any of the following recipients located wholly

Loan recipients.

 or partially within the economic development region of such Federal cochairman: “(1) any State or political subdivision thereof; “(2) any tax-supported organization; “(3) any Indian tribe, band, group, pueblo, or Alaskan village or Regional Corporation (as defined by the Alaska Native Land Claims Settlement Act of 1971) recognized by the Federal Government

43 USC 1601 note.

 or any State,, and any business owned by any tribe, band, group, pueblo, village, or Regional Corporation; “(4) any tax-supported or nonprofit, private hospital; and “(5) any tax-supported or nonprofit private institution of higher education requiring a, high school diploma, or equivalent, as a basis for admission. Such recipient may have, but need not have, received any other aid under this Act. For the purposes of this section, until a regional commission is established for the State of Alaska under section 502 of this Act, in the case of the State of Alaska the Secretary of Commerce shall

42 USC 3182

 exercise the authority granted to a Federal cochairman under this section. “(b) For purposes of subsection (a)— “(1) each Federal cochairman, in the acquiring of excess property, shall have the same priority as other Federal agencies; and “(2) the Secretary shall prescribe rules, regulations, and procedures

Rules and regulations.

 for administering subsection (a) which may be different for each economic development region, except that the Secretary shall consult with the Federal cochairman of a region before prescribing such rules, regulations, and procedures for such region. “(c) (1) The recipient of any property disposed of by any Federal

Handling costs.

 cochairman under subsection (a) shall pay, to the Federal agency having custody of the property, all costs of care and handling incurred in the acquiring and disposing of such property; and such recipient shall pay all costs which may be incurred regarding such property after such Federal cochairman disposes of it, except that such recipient shall not pay any costs incurred after such property is returned under subsection (e). “(2) No Federal cochairman may be involved at any time in the receiving or processing of any costs paid by the recipient under paragraph (1). “(d) Each Federal cochairman, not later than six calendar months

Inventory.

 after the close of each fiscal year, shall account to the Secretary, as the Secretary shall prescribe, for all property acquired and disposed of, including any property acquired but not disposed of, under subsection (a) during such fiscal year. The Secretary shall have access to all information and related material in the possession of such Federal cochairman regarding such property. “(e) Any property determined by the Federal cochairman to be no

Report to GSA.

 longer needed for the purpose of economic development shall be reported by the recipient to the Administrator of General Services for disposition under the Federal Property and Administrative Services Act of 1949. “(f) The value of any property acquired and disposed of, including

40 USC 471 note.

 any property acquired but not disposed of, under subsection (a) shall not be taken into account in the computation of any appropriation, or 88 Stat. 1164any authorization for appropriation, regarding any regional commission

42 USC 3182.

established under section 502 or any office of the Federal cochairman of such commission. “(g) For purposes of this section—

“Care and handling.”

“(1) the term ‘care and handling’ has (he meaning given it by section 3(h) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472(h)); and

“Excess property.”

“(2) the term ‘excess property’ has the meaning given it by section 3(e) of such Act (40 U.S.C. 472(e)).except that such term does not include real property.”.
Sec. 12. The Public Works and Economic Development Act of 1965, as amended, is amended by adding the following new title at the end of the Act: <num value="IX">“TITLE IX—</num> <heading class="inline">SPECIAL ECONOMIC DEVELOPMENT AND ADJUSTMENT ASSISTANCE</heading> <section> <heading class="smallCaps centered">“purpose</heading> <num value="901">“<inline class="smallCaps">Sec</inline>. 901. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3241">42 USC 3241.</ref></p></sidenote> <content class="inline">It is the purpose of this title to provide special economic development and adjustment assistance programs to help State and local areas meet special needs arising from actual or threatened severe unemployment arising from economic dislocation, including unemployment arising from actions of the Federal Government and from compliance with environmental requirements which remove economic activities from a locality, and economic adjustment problems resulting from severe changes in economic conditions, and to encourage cooperative intergovernmental action to prevent or solve economic adjustment problems. Nothing in this title is intended to replace the efforts of the economic adjustment program of the Department of Defense.</content> </section> <section> <heading class="smallCaps centered">“definition</heading> <num value="902">“<inline class="smallCaps">Sec</inline>. 902. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3242">42 USC 3242.</ref></p></sidenote> <content class="inline">As used in this title, the term ‘eligible recipient’ means a redevelopment area or economic development district established <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3161">42 USC 3161.</ref></p></sidenote>under title IV of this Act, an Indian tribe, a State, a city or other political subdivision of a State, or a consortium of such political subdivisions.</content> </section> <section> <heading class="smallCaps centered">“grants by secretary</heading> <num value="903">“<inline class="smallCaps">Sec</inline>. 903. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3243">42 USC 3243.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Secretary is authorized to make grants directly to any eligible recipient in an area which the Secretary has determined has experienced, or may reasonably be foreseen to be about to experience, a special need to meet an expected rise in unemployment, or other economic adjustment problems (including those caused by any action or decision of the Federal Government) to carry out or develop a plan which meets the requirements of subsection (b) of this section and which is approved by the Secretary, to use such grants for any of the following: public facilities, public services, business development, planning, unemployment compensation (in accordance with subsection (d) of this section), rent supplements, mortgage payment assistance, research, technical assistance, training, relocation of individuals, and other appropriate assistance.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Such grants may be used in direct expenditures by the eligible recipient or through redistribution by it to public and private entities in grants, loans, loan guarantees, or other appropriate assistance, <sidenote><p class="firstIndent1 fontsize8">Restriction.</p></sidenote>but no grant shall be made by an eligible recipient to a private profitmaking entity.</content> </subparagraph> <page identifier="/us/stat/88/1165">88 <inline class="smallCaps">Stat</inline>. 1165</page> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">Grants for unemployment compensation shall be made to the<sidenote><p class="firstIndent1 fontsize8">Unemployment compensation grants.</p></sidenote> State. Grants for any other purpose shall be made to any appropriate eligible recipient capable of carrying out such purpose.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <chapeau class="inline">No plan shall be approved by the Secretary under this section<sidenote><p class="firstIndent1 fontsize8">Plans, approval.</p></sidenote> unless such plan shall—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">identify each economic development and adjustment need of the area for which assistance is sought under this title;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">describe each activity planned to meet each such need;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">explain the details of the method of carrying out each such planned activity;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">contain assurances satisfactory to the Secretary that the proceeds from the repayment of loans made by the eligible recipient with funds granted under this title will be used for economic adjustment; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">be in such form and contain such additional information as the Secretary shall prescribe.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">The Secretary to the extent practicable shall coordinate his<sidenote><p class="firstIndent1 fontsize8">Coordination with regional organizations.</p></sidenote> activities in requiring plans and making grants and loans under this title with regional commissions, States, economic development districts and other appropriate planning and development organizations.</content> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">In each case in which the Secretary determines a need for<sidenote><p class="firstIndent1 fontsize8">Transfer of funds.</p></sidenote> assistance under subsection (a) of this section due to an increase in unemployment and makes a grant under this section, the Secretary may transfer funds available for such grant to the Secretary of Labor and the Secretary of Labor is authorized to provide to any individual unemployed as a result of the dislocation for which such grant is made, such assistance as he deems appropriate while the individual is unemployed. Such assistance as the Secretary of Labor may provide shall be available to an individual not otherwise disqualified under State law for unemployment compensation benefits, as long as the individual’s unemployment caused by the dislocation continues or until the individual is reemployed in a suitable position, but no longer than one year after the unemployment commences. Such assistance for a week of unemployment shall not exceed the maximum weekly amount authorized under the unemployment compensation law of the State in which the dislocation occurred, and the amount of assistance under this subsection shall be reduced by any amount of unemployment compensation or of private income protection insurance compensation available to such individual for such week of unemployment. The Secretary of Labor is directed to provide such assistance through agreements with States which, in his judgment, have an adequate system for administering such assistance through existing State agencies.</content> </subsection> </section> <section> <heading class="smallCaps centered">“reports and evaluation</heading> <num value="904">“<inline class="smallCaps">Sec</inline>. 904. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Each eligible recipient which receives assistance under<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3244">42 USC 3244.</ref></p><p class="firstIndent1 fontsize8">Report to Secretary.</p></sidenote> this title shall annually during the period such assistance continues make a full and complete report to the Secretary, in such manner as the Secretary shall prescribe, and such report shall contain an evaluation of the effectiveness of the economic assistance provided under this title in meeting the need it was designed to alleviate and the purposes of this title.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The Secretary shall provide an annual consolidated report to<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> the Congress, with his recommendations, if any, on the assistance authorized under this title, in a form which he deems appropriate. The first such report to Congress under this subsection shall be made not later than January 30, 1976.</content> </subsection> </section> <page identifier="/us/stat/88/1166">88 <inline class="smallCaps">Stat</inline>. 1166</page> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <num value="905">“<inline class="smallCaps">Sec</inline>. 905. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3245">42 USC 3245.</ref></p></sidenote> <content class="inline">There is authorized to be appropriated to carry out this title not to exceed $75,000,000 for the fiscal year ending June 30, 1975, and $100,000,000 for the fiscal year ending June 30, 1976.”</content> </section>
Approved September 27, 1974.
Public Law 93–424: Asking the President of the United States to declare the fourth Saturday of September, 1974, “National Hunting and Fishing Day”. Public Law424 Public Law 93–424 [88 Stat. 1166] 1974-09-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–424
JOINT RESOLUTION Asking the President of the United States to declare the fourth Saturday of September, 1974, “National Hunting and Fishing Day”.

September 27, 1974

[H. J. Res 910]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

National Hunting and Fishing Day.

Designation authorization.
That the President of the United States declare the fourth Saturday of September, 1974, as “National Hunting and Fishing Day” to provide that deserved national recognition, to recognize the esthetic, health, and recreational virtues of hunting and fishing, to dramatize the continued need for gun and boat safety, and to rededicate ourselves to the conservation and respectful use of our wildlife and natural resources.
Approved September 27, 1974.
Public Law 93–425: To extend termination date of Export-Import Bank. Public Law 425 88 Stat. 1166 1974-09-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–425
Joint Resolution To extend termination date of Export-Import Bank.

September 30, 1974

[S. J. Res. 244]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 8 of the Export-Import Bank Act of 1945 (12 U.S.C. 635f) is amended by striking

Ante, p. 445.

 “September 30, 1974” and inserting in lieu thereof “October 15, 1974”.
Approved September 30, 1974.
Public Law 93–426: To amend the Defense Production Act of 1950 and to establish a National Commission on Supplies and Shortages Act of 1974. Public Law 426 88 Stat. 1166 1974-09-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–426
An Act To amend the Defense Production Act of 1950 and to establish a National Commission on Supplies and Shortages Act of 1974.

September 30, 1974

[S. 3270]

 Be it enacted By the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Defense Production Act Amendments of 1974.

50 usc app. 2094 note.

Repeal.

 be cited as the “Defense Production Act Amendments of 1974”.
Sec. 2. (a) Subsection (b) of section 304 of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2094), is repealed. (b) Such section 304 is amended by adding at the end thereof the following new subsections: 88 Stat. 1167 “(b) The Secretary of the Treasury is authorized and directed to cancel the outstanding balance of all unpaid notes issued to the Secretary of the Treasury pursuant to this section, together with interest accrued and unpaid on such notes. “(c) Any cash balance remaining on June 30, 1974, in the borrowing authority previously authorized by this section, and any funds thereafter received on transactions heretofore or hereafter entered into pursuant to sections 302 and 303 shall be covered into the Treasury

50 usc app. 2092, 2093.

 as miscellaneous receipts.”
Sec. 3. Section 711 of the Defense Production Act of 1950 (50 U.S.C. App. 2161) is amended— (1) by inserting “(a)” after “Sec. 711.”; (2) by inserting “(including sections 302 and 303 and for payment of interest under subsection (b) of this section)” after “Act” the first place the term appears; and (3) by adding at the end thereof the following new subsection: “(b) Interest shall accrue on (1) the cumulative amount of disbursements to carry out the purposes of sections 302 and 303 (except for storage, maintenance, and other operating and administrative expenses), plus any unpaid accrued interest, less the cumulative amount of any funds received on transactions entered into pursuant to sections 302 and 303 and any net losses incurred by an agency in carrying out its functions under sections 302 and 303 when the head of the agency determines that such net losses have occurred; and (2) the current market value of the inventory of materials procured under section 303 as of the first day of each fiscal year commencing with the fiscal year beginning July 1, 1975. At the close of each fiscal year there shall be deposited into the Treasury as miscellaneous receipts, from any amounts appropriated under this section, an amount which the Secretary of the Treasury determines necessary to provide for the

Interest rate.

 payment of any interest accrued and unpaid under this subsection. The rate of such interest shall be determined by the Secretary of the Treasury, taking into consideration the average market yield during the month preceding each fiscal year on outstanding marketable obligations of the United States with one year remaining to maturity.”.
Sec. 4. The first sentence of section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended by striking out “June 30, 1974” and inserting in lieu thereof “June 30, 1975”.
Sec. 5. The Defense Production Act of 1950 is amended by adding

50 usc app. 2061.

 at the end thereof the following new section:
“national commission on supplies and shortages
“Sec. 720. (a) Short Title.— This section may be cited as the

National Commission on Supplies and Shortages Act of 1974.

50 USC app. 2169.

 ‘National Commission on Supplies and Shortages Act of 1974’. “(b) Findings.— (1) The United States is increasingly dependent on the importation from foreign nations of certain natural resources vital to commerce and the national defense. “(2) Nations that export such resources can alone or in association with other nations arbitrarily raise the prices of such resources to88 Stat. 1168 levels which are unreasonable and disruptive of domestic and foreign economies. “(3) Shortages of resources and commodities are becoming increasingly frequent in the United States, and such shortages cause undue inconvenience and expense to consumers and a burden on interstate commerce and the Nation’s economy. “(4) Existing institutions do not adequately identify and anticipate such shortages and do not adequately monitor, study, and analyze other market adversities involving specific industries and specific sectors of the economy. “(5) Data with respect to such shortages and adversities is collected in various agencies of the Government for various purposes, but is not systematically coordinated and disseminated to the appropriate agencies and to the Congress. “(c) Purposes.— It is the purpose of this Act to establish a national commission to facilitate more effective and informed responses to resource and commodity shortages and to report to the President and the Congress on needed institutional adjustments for examining and predicting shortages and on the existence or possibility of shortages with respect to essential resources and commodities. “(d) Establishment of Commission.— There is established as an

National Commission on Supplies and Shortages.

Establishment; membership.

 independent instrumentality of the Federal Government a National Commission on Supplies and Shortages (hereinafter referred to as the ‘Commission’). The Commission shall be comprised of thirteen members selected for such period of time as such Commission shall continue in existence (except that any individual appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of

Appointments.

 such term) as follows: “(1) The President, in consultation with the majority and minority leaders of the Senate and the majority and minority leaders of the House of Representatives, shall appoint five members of the Commission from among persons in private life; “(2) The President shall designate four senior officials of the executive branch to serve without additional compensation; “(3) The President of the Senate, after consultation with the majority and minority leaders of the Senate, shall appoint two Senator’s to be members of the Commission and the Speaker of the House of Representatives, after consultation with the majority and minority leaders of the House of Representatives, shall appoint two Representatives to be members of the Commission to serve without additional compensation. “(e) Chairman and Vice Chairman.— The President, in consultation with the majority and minority leaders of the Senate and the House of Representatives shall designate a Chairman and Vice Chairman of the Commission. “(f) Compensation.— Each member of the Commission appointed pursuant to subsection (d)(1) of this section shall be entitled to be compensated at a rate equal to the per diem equivalent of the rate for an individual occupying a position under level III of the Executive

83 Stat. 863.

 Schedule under section 5314 of title 5, United States Code, when engaged in the actual performance of duties as such a member, and all members of the Commission shall be entitled to reimbursement for

Expenses, reimbursement.

88 Stat. 1169 travel, subsistence, and other necessary expenses incurred in the performance of their duties, “(g) Functions of the Commission.— It shall be the function of,

Report to President and Congress.

 the Commission to make reports to the President and to the Congress with respect to— “(1) the existence or possibility of any long- or short-term

Contents.

 shortages; employment, price or business practices; or market adversities affecting the supply of any natural resources, raw agriculture commodities, materials, manufactured products (including any possible impairment of productive capacity which may result from shortages in materials, resources, commodities, manufactured products, plant or equipment, or capital investment, and the causes of such shortages, practices, or adversities); “(2) the adverse impact or possible adverse impact of such shortages, practices, or adversities upon consumers, in terms of price and lack of availability of desired goods; “(3) the need for, and the assessment of, alternative actions necessary to increase the availability of the items referred to in paragraph (1) of this subsection, to correct the adversity or practice affecting the availability of any such items, or otherwise to mitigate the adverse impact or possible adverse impact of shortages, practices, or adversities upon consumers referred to in paragraph (2) of this subsection; “(4) existing policies and practices of Government which may tend to affect the supply of natural resources and other commodities; “(5) necessary legislative and administrative actions to develop a comprehensive strategic and economic stockpiling and inventories policies which facilitates the availability of essential resources; “(6) the means by which information with respect to paragraphs (1), (2), (3), (4) of this subsection can be most effectively and economically gathered and coordinated. “(h) Reports of the Commission.— The Commission shall report not later than March 1, 1975, to the President and the Congress on specific recommendations with respect to institutional adjustments, including the advisability of establishing an independent agency to provide for a comprehensive data collection and storage system, to aid in examination and analysis of the supplies and shortages in the economy of the United States and in relation to the rest of the world. The Commission may, until June 30, 1975, prepare, publish and transmit to the President and the Congress such other reports and recommendations as it deems appropriate. “(i) Advisory Committee.— (1) The Commission is authorized to

Establishment.

 establish such advisory committees as may be necessary or appropriate to carry out any specific analytical or investigative undertakings on behalf of the Commission. Any such committee shall be subject to the relevant provisions of the Federal Advisory Committee Act.

5 USC app. 1.

 “(2) The Commission shall establish an advisory committee to develop recommendations as to the establishment of a policy making process and structure within the executive and legislative branches of the Federal Government as a means to integrate the study of supplies and shortages of resources and commodities into the total problem of balanced national growth and development, and a system for coordinating these efforts with appropriate multi-State, regional and State governmental jurisdictions. For the purpose of carrying out the provision

Appropriation.

 of this paragraph there is authorized to be appropriated not to exceed $75,000 for the fiscal year ending June 30, 1975. 88 Stat. 1170 “(j) Staff and Powers of the Commission.— (1) Subject to such rules and regulations as it may adopt, the Commission, through its Chairman, shall— “(A) appoint and fix the compensation of an Executive

83 Stat. 863.

 Director at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code, and

5 USC 101 et seq.

 such additional staff personnel as is deemed necessary, without regard to the provisions of title 5, United States Code, governing

5 USC 5101, 5331.

 appointments in the competitive service, and without regard to chapter 51, and subchapter I I I of chapter 53 of such title relating to classification and the General Schedule under section 5332 of such title; and

5 USC 5332 note.

 “(B) be authorized to procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code. “(2) The Commission or any subcommittee thereof is authorized

Hearings.

 to hold hearings and to sit and act at such times and places, as it may deem advisable. “(k) Assistance of Government Agencies.— Each department,

Data, reports, and other information, availability.

USC prec. title 1.

 agency, and instrumentality of the Federal Government, including the Congress, consistent with the Constitution of the United States, and independent agencies, is authorized and directed to furnish to the Commission, upon request made by the Chairman, such data, reports, and other information as the Commission deems necessary to carry out its functions under this Act. “(l) Authorization of Appropriations.— There is authorized to be appropriated to the Commission not to exceed $500,000 for the fiscal Year ending June 30, 1975, to carry out the provisions of this Act.”
Approved September 30, 1974.
Public Law 93–427: To amend the Act of October 27, 1972 (Public Law 92–578). Public Law 427 88 Stat. 1170 1974-10-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–427
An Act To amend the Act of October 27, 1972 (Public Law 92–578).

October 1, 1974

[S. 3301]

 Be it enacted by the Senate and House of Representatives of the Pennsylvania United States of America in Congress assembled,
That the Act of

Avenue Development Corporation Act of 1972, amendment.

40 USC 871 note.

40 USC 873.

 October 27, 1972 (86 Stat. 1266), is hereby amended as follows: 1. By designating subsection 4(b) to be subsection 4:(c), and by adding a new subsection 4 (b) to read as follows: “(b) The Board of Directors is authorized to procure the temporary (not in excess of one year) or intermittent services of city planners, architects, engineers, appraisers, and other experts or consultants or organizations thereof in accordance with section 3109 of title 5, United States Code, but at rates for individuals not in excess of the rate in effect for grade GS–18 of the General Schedule.”.

5 USC 5332 note.

 2. In subsection 7 (b),

40 USC 876.

 (i) delete “this Act,” and insert “the Act to amend the Act of October 27, 1972 (86 Stat. 1266),”; (ii) delete “within twelve months of the date of enactment of this Act,” and insert “by June 30, 1975,”. 3. In section 17, delete “$1,000,000” and insert “$1,750,000 for the

40 USC 885.

 operating and administrative expenses of the Corporation and”.
Approved October 1, 1974.
Public Law 93–428: To enable egg producers to establish, finance, and carry out a coordinated program of research, producer and consumer education, and promotion to improve, maintain, and develop markets for eggs, egg products, spent fowl, and products of spent fowl. Public Law 428 88 Stat. 1171 1974-10-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 1171 Public Law 93–428
An Act To enable egg producers to establish, finance, and carry out a coordinated program of research, producer and consumer education, and promotion to improve, maintain, and develop markets for eggs, egg products, spent fowl, and products of spent fowl.

October 1, 1974

[H. R. 12000]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Egg Research and Consumer Information Act.

7 USC 2701 note.
Section 1. That this Act shall be known as the “Egg Research and Consumer Information Act.”
legislative findings and declaration of policy
Sec. 2.

Eggs constitute one of the basic, natural foods in the diet.

7 USC 2701.

They are produced by many individual egg producers throughout the United States. Egg products, spent fowl, and products of spent fowl are derivatives of egg production. These products move in interstate and foreign commerce and those which do not move in such channels of commerce directly burden or affect interstate commerce of these products. The maintenance and expansion of existing markets and the development of new or improved markets and uses are vital to the welfare of egg producers and those concerned with marketing, using, and processing eggs as well as the general economy of the Nation. The production and marketing of these products by numerous individual egg producers have prevented the development and carrying out of adequate and coordinated programs of research and promotion necessary for the maintenance of markets and the development of new products of, and markets for, eggs, egg products, spent fowl, and products of spent fowl. Without an effective and coordinated method for assuring cooperative and collective action in providing for and financing such programs, individual egg producers are unable to provide, obtain, or carry out the research, consumer and producer information, and promotion necessary to maintain and improve markets for any or all of these products.

It has long been recognized that it is in the public interest to provide an adequate, steady supply of fresh eggs readily available to the consumers of the Nation. Maintenance of markets and the development of new markets, both domestic and foreign, are essential to the egg industry if the consumers of eggs, egg products, spent fowl, or products of spent fowl are to be assured of an adequate, steady supply of such products.

It is therefore declared to be the policy of the Congress and the purpose of this Act that it is essential and in the public interest, through the exercise of the powers provided herein, to authorize and enable the establishment of an orderly procedure for the development and the financing through an adequate assessment, an effective and continuous coordinated program of research, consumer and producer education, and promotion designed to strengthen the egg industry’s position in the marketplace, and maintain and expand domestic and foreign markets and uses for eggs, egg products, spent fowl, and products of spent fowl of the United States. Nothing in this Act shall be construed to mean, or provide for, control of production or otherwise limit the right of individual egg producers to produce commercial eggs.
88 Stat. 1172
definitions
Sec. 3. As used in this Act—

7 USC 2702.

 (a) The term “Secretary” means the Secretary of Agriculture or any other officer or employee of the Department of Agriculture to whom there has heretofore been delegated, or to whom there may hereafter be delegated, the authority to act in his stead. (b) The term “person” means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity. (c) The term “commercial eggs” “or eggs” means eggs from domesticated chickens which are sold for human consumption either in shell egg form or for further processing into egg products. (d) The term “hen” or “laying hen” means a domesticated-female chicken twenty weeks of age or over, raised primarily for the production of commercial eggs. (e) The term “egg producer” means the person owning laying hens engaged in the production of commercial eggs. (f) The term “case” means a standard shipping package containing thirty dozen eggs. (g) The term “hatching eggs” means eggs intended for use by hatcheries for the production of baby chicks. (h) The term “United States” means the forty-eight contiguous States of the United States of America and the District of Columbia. (i) The term “promotion” means any action, including paid advertising, to advance the image or desirability of eggs, egg products, spent fowl, or products of spent fowl. (j) The term “research” means any type of research to advance the image, desirability, marketability, production, or quality of eggs, egg products, spent fowl, or products of spent fowl. (k) The term “consumer education” means any action to advance the image or desirability of eggs, egg products, spent fowl, or products of spent fowl. (l) The term “marketing” means the sale or other disposition of commercial eggs, egg products, spent fowl, or products of spent fowl, in any channel of commerce. (m) The term “commerce” means interstate, foreign, or intrastate commerce. (n) The term “egg products” means products produced, in whole or in part, from eggs. (o) The term “spent fowl” means hens which have been in production of commercial eggs and have been removed from such production for slaughter. (p) The term “products of spent fowl” means commercial products produced from spent fowl. (q) The term “hatchery operator” means any person engaged in the production of egg-type baby chicks. (r) The term “started pullet” means a hen less than twenty weeks of age. (s) The term ”started pullet dealer” means any person engaged in the sale of started pullets. (t) The term “handler” means any person, specified in the order or the rules and regulations issued thereunder, who receives or otherwise acquires eggs from an egg producer, and processes, prepares for marketing, or markets, such eggs, including eggs of his own production.
egg research and promotion orders
Sec. 4. To effectuate the declared policy of this Act, the Secretary

7 USC 2703.

 shall, subject to the provisions of this Act, issue and from time to time amend, orders applicable to persons enaged in the hatching and/or88 Stat. 1173 sale of egg-type baby chicks and started pullets, persons engaged in the production of commercial eggs and persons who receive or otherwise acquire eggs from such persons and who process, prepare for market, or market such eggs, including eggs of their own production, and persons engaged in the purchase, sale or processing of spent fowl. Such orders shall be applicable to all production or marketing areas, or both, in the United States.
notice and hearing
Sec. 5. Whenever the Secretary has reason to believe that the issuance

7 USC 2704.

 of an order will tend to effectuate the declared policy of this Act, he shall give due notice and opportunity for hearing upon a proposed order. Such hearing may be requested and proposal for an order submitted by an organization certified pursuant to section 16 of this Act, or by any interested person affected by the provisions of this Act, including the Secretary.
finding and issuance of an order
Sec. 6. After notice and opportunity for hearing as provided in

7 USC 2705.

 section 5, the Secretary shall issue an order if he finds, and sets forth in such order, upon the evidence introduced at such hearing, that the issuance of such order and all the terms and conditions thereof will tend to effectuate the declared policy of this Act.
permissive terms in orders
Sec. 7. Orders issued pursuant to this Act shall contain one or more

7 USC 2706.

 of the following terms and conditions, and except as provided in section 8, no others. (a) Providing for the establishment, issuance, effectuation, and

Advertising sales projects, and consumer education, plans.

 administration of appropriate plans or projects for advertising, sales promotion, and consumer education with respect to the use of eggs, egg products, spent fowl, and products of spent fowl, and for the disbursement of necessary funds for such purposes: Provided, however, That any such plan or project shall be directed toward increasing the general demand for eggs, egg products, spent fowl, or products of spent fowl. No reference to a private brand or trade name shall

Private brand or trade-name, prohibition of use.

 be made if the Secretary determines that such reference will result in undue discrimination against eggs, egg products, spent fowl, or products of spent fowl of other persons: And provided further, That

Unfair or deceptive acts.

 no such advertising, consumer education, or sales promotion programs shall make use of unfair or deceptive acts or practices in behalf of eggs, egg products, spent fowl, or products of spent fowl or unfair or deceptive acts or practices with respect to quality, value, or use of any competing product. (b) Providing for, establishing,, and carrying on research, marketing,

Research, marketing, and development projects.

 and development projects, and studies with respect to sale, distribution, marketing, utilization, or production of eggs, egg products, spent fowl, and products of spent fowl, and the creation of new products thereof, to the end that the marketing and utilization of eggs, egg products, spent fowl, and products of spent fowl may be encouraged, expanded, improved or made more acceptable, and the data collected by such activities may be disseminated and for the disbursement of necessary funds for such purposes. (c) Providing that hatchery operators, persons engaged in the sale

Recordkeeping, availability of data.

 of egg-type baby chicks and started pullet dealers, persons engaged in the production of commercial eggs and persons who receive or otherwise acquire eggs from such persons and who process, prepare 88 Stat. 1174 for market, or market such eggs, including eggs of their own production, and persons engaged in the purchase, sale, or processing of spent fowl, maintain and make available for the inspection such books and records as may be required by any order issued pursuant to this Act and for the filing of reports by such persons at the time, in the manner, and having content prescribed by the order, to the end that information and data shall be made available to the Egg Board and to the Secretary which is appropriate or necessary to the effectuation, administration or enforcement of the Act, or of any order or regulation issued pursuant to this Act: Provided, however, That all information so

Confidential information.

 obtained shall be kept confidential by all officers and employees of the Department of Agriculture, the Egg Board, and by all officers and employees of contracting agencies having access to such information, and only such information so furnished or acquired as the Secretary deems relevant shall be disclosed by them, and then only in a suit or administrative hearing brought at the direction, or upon the request, of the Secretary, or to which he or any officer of the Ignited States is a party, and involving the order with reference to which the information so to be disclosed was furnished or acquired. Nothing in this section shall be deemed to prohibit (1) the issuance of general statements based upon the reports of the number of persons subject to an order or statistical data collected therefrom, which statements do not identify the information furnished by any person, (2) the publication, by direction of the Secretary, of general statements relating to refunds made by the Egg Board during any specific period, or (8) the publication by direction of the Secretary of the name of any person violating any order, together with a statement of the particular provisions of the order violated by such person. Any such officer or employee violating

Violation, penalty.

 the provision of this subsection shall, upon conviction, be subjected to a fine of not more than $1,000 or to imprisonment for not more than one year, or to both, and if an officer or employee of the Egg Board or Department of Agriculture shall be removed from office. (d) Terms and conditions incidental to and not inconsistent with

Terms and conditions.

 the terms and conditions specified in this Act and necessary to effectuate the other provisions of such order.
required terms in orders
Sec. 8. Orders issued pursuant to this Act shall contain the following

7 USC 2707.

Egg Board.

Establishment, membership.

 conditions: (a) Providing for the establishment and appointment, by the Secretary, of an Egg Board which shall consist of not more than eighteen members, and alternates therefor, and defining its powders and duties which shall include only the powers (1) to administer such order in accordance with its terms and provisions, (2) to make rules and regulations to effectuate the terms and provisions of such order, (3) to receive, investigate and report to the Secretary complaints of violations of such order, and (4) to recommend to the Secretary amendments to such order. The term of an appointment to the Egg Board shall be for two years with no member serving more than three consecutive terms, except that initial appointment shall be

Terms.

 proportionately for two-year and three-year terms. (b) Providing that the Egg Board, and alternates therefor, shall be composed of egg producers or representatives of egg producers appointed by the Secretary from nominations submitted by eligible organizations, associations, or cooperatives, and certified pursuant to section 16, or, if the Secretary determines that a substantial number of egg producers are not members of or their interests are not represented by any such eligible organizations, associations or cooperatives, then from nominations made by such egg producers in the manner88 Stat. 1175 authorized by the Secretary, so that the representation of egg producers on the Board shall reflect, to the extent practicable, the proportion of eggs produced in each geographic area of the United States as defined by the Secretary: Provided, however, That each such egg producing geographic area shall be entitled to at least one representative on the Egg Board. (c) Providing that the Egg Board shall, subject to the provisions

Plans or projects, submittal to Secretary.

 of subsection (g) of this section, develop and submit to the Secretary for his approval any advertising, sales promotion, consumer education, research, and development plans or projects, and that any such plan or project must be approved by the Secretary before becoming effective. (d) Providing that the Egg Board shall, subject to the provisions

Budgets, submittal to Secretary.

 of subsection (g) of this section, submit to the Secretary for his approval budgets on a fiscal period basis of its anticipated expenses and disbursements in the administration of the order, including probable costs of advertising, promotion, consumer education, research, and development projects. (e) Providing that each egg producer shall pay to the handler of

Assessment payments to egg handlers.

 eggs designated by the order of the Egg Board pursuant to regulations issued under the order, an assessment based upon the number of cases of commercial eggs handled for the account of such producer, in the manner as prescribed by the order, for such expenses and expenditures—including provision for a reasonable reserve and those administrative costs incurred by the Department after an order has been promulgated under this Act—as the Secretary finds are reasonable and likely to be incurred by the Egg Board under the order during any period specified by him. Such handler shall collect such assessment from the producer and shall pay the same to the Egg Board in the manner as prescribed by the order. The rate of assessment

Rate limitation.

 prescribed by the order shall not exceed 5 cents per case of commercial eggs or the equivalent thereof. To facilitate the collection of such assessments, the order of the Egg Board may designate different handlers or classes of handlers to recognize differences in marketing practices or procedures utilized in the industry. The Secretary may maintain a suit against any person subject to the order for the collection of such assessment, and the several district courts of the United States are hereby vested with jurisdiction to entertain such suits regardless of the amount in controversy. (f) Providing that the Egg Board shall maintain such books and

Recordkeeping; reports to Secretary.

 records and prepare and submit such reports from time to time, to the Secretary as he may prescribe, and for appropriate accounting by the Egg Board with respect to the receipt and disbursement of all funds entrusted to it. (g) Providing that the Egg Board, with the approval of the Secretary,

Contracts or agreements.

 may enter into contracts or agreements for development and carrying out of the activities authorized under the order pursuant to section 7 (a) and (b) and for the payment of the cost thereof with funds collected pursuant to the order. Any such contract or agreement shall provide that such contractors shall develop and submit to the Egg Board a plan or project together with a budget or budgets which shall show estimated costs to be incurred for such plan or project, and that any such plan or project shall become effective upon the approval of the Secretary, and further, shall provide that the contracting party

Recordkeeping reports to Egg Board.

 shall keep accurate records of all of its transactions and make periodic reports to the Egg Board of activities carried out and an accounting for funds received and expended, and such other reports as the Secretary may require. 88 Stat. 1176 (h) Providing that no funds collected by the Egg Board under the

Collected funds, use restriction.

 order shall in any manner be used for the purpose of influencing governmental policy or action, except as provided by subsection (a) (4) of this section. (i) Providing the Board members, and alternates therefor, shall

Expenses, reimbursement.

 serve without compensation, but shall be reimbursed for their reasonable expenses incurred in performing their duties as members of the Board.
requirement of referendum and egg producer approval
Sec. 9. The Secretary shall conduct a referendum among egg producers

7 USC 2708.

 not exempt hereunder who, during a representative period determined by the Secretary, have been engaged in the production of commercial eggs, for the purpose of ascertaining whether the issuance of an order is approved or favored by such producers. No order issued pursuant to this Act shall be effective unless the Secretary determines that the issuance of such order is approved or favored by not less than two-thirds of the producers voting in such referendum, or by a majority of the producers voting in such referendum if such majority produced not less than two-thirds of the commercial eggs produced during a representative period defined by the Secretary.
suspension and termination of orders
Sec. 10. (a) The Secretary shall, whenever he finds that any order

7 USC 2709.

 issued under this Act, or any provisions thereof, obstructs or does not tend to effectuate the declared policy of this Act, terminate or suspend the operation of such order or such provisions thereof. (b) The may conduct a referendum at any time, and shall hold a referendum on request of 10 per centum or more of the number of egg producers voting in the referendum approving the order, to determine whether such producers favor the termination or suspension of the order, and he shall suspend or terminate such order six months after he determines that suspension or termination of the order is approved or favored by a majority of the egg producers voting in such referendum who, during a representative period determined by the Secretary, have been engaged in the production of commercial eggs, and who produced more than 50 per centum of the volume of eggs produced by the egg producers voting in the referendum. (c) The termination or suspension of any order, or any provision thereof, shall not be considered an order within the meaning of this Act.
provisions applicable to amendments
Sec. 11. The provision of this Act applicable to orders shall be

7 USC 2710.

 applicable to amendments to orders.
exemptions
Sec. 12. The following may be exempt from specific provisions of

7 USC 2711.

 this Act under such conditions and procedures as may be prescribed in the order or rules and regulations issued thereunder: (a) Any egg producer whose aggregate the number of laying hens at

Laying hens.

 any time during a three-consecutive-month period immediately prior to the date assessment are due and payable has not exceeded three thousand laying hens. (b) Any flock of breeding hens whose production of eggs is primarily

Breeding hens.

 utilized for the hatching of baby chicks.
88 Stat. 1177
producer refund
Sec. 13. Notwithstanding any other provisions of this Act, any egg

7 USC 2712.

 producer against whose commercial eggs any assessment is made and collected from him under authority of this Act and who is not in favor of supporting the programs as provided for herein shall have the right to demand and receive from the Egg Board a refund of such assessment: Provided, That such demand shall be made personally by such producer in accordance with regulations and on a form and within a time period prescribed by the Board and approved by the Secretary but in no event more than ninety days after the end of the month in which the assessments are due and collectable, and upon submission of proof satisfactory to the Board that the producer paid the assessment for which refund is sought, and any such refund shall be made within sixty days after demand is received therefor.
petition and review
Sec. 14. (a) Any person subject to any order may file a written petition

7 USC 2713.

 with the Secretary, stating that any such order or any provisions of such order or any obligations imposed in connection therewith is not in accordance with law and praying for a modification thereof or to be exempted therefrom. He shall thereupon be given an opportunity

Hearing.

 for a hearing upon such petition, in accordance with regulations made by the Secretary. After such hearing, the Secretary shall make a ruling upon the prayer of such petition which shall be final, if in accordance with law. (b) The district courts of the United States in any district in which

Jurisdiction.

 such person is an inhabitant, or has his principal place of business, are hereby vested with jurisdiction to review such ruling, provided a complaint for that purpose is filed within twenty days from the date of the entry of such ruling. Service of process in such proceedings may be had upon the Secretary by delivering to him a copy of the complaint. If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the Secretary with directions either (1) to make such ruling as the court shall determine to be in accordance with law, or (2) to take such further proceedings as, in its opinion, the law requires. The pendency of proceedings instituted pursuant to subsection (a) of this section shall not impede, hinder, or delay the United States or the Secretary from obtaining relief pursuant to section 15 (a) of this Act.
enforcement
Sec. 15. (a) The several district courts of the United States are

7 USC 2714.

 vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating any order or regulation made or issued pursuant to this Act. Any civil action authorized to be brought

Civil action, referral to Attorney General.

 under this Act shall be referred to the Attorney General for appropriate action: Provided, That nothing in this Act shall be construed as requiring the Secretary to refer to the Attorney General minor violations of this Act whenever he believes that the administration and enforcement of the program would be adequately served by suitable written notice or warning to any person committing such violation. (b) Any egg producer or other person who willfully violates any provision of any order issued by the Secretary under this Act, or who willfully fails or refuses to collect or remit any assessment or fee duly required of him thereunder, shall be liable to a penalty of not more

Violation, penalty.

 than $1,000 for each such offense which shall accrue to the United88 Stat. 1178 States and may be recovered in a civil suit brought by the United States: Provided, That (a) and (b) of this section shall be in addition to, and not exclusive of, the remedies provided now or hereafter existing at law or in equity.
certification of organizations
Sec. 16. The eligibility of any organization to represent commercial

7 USC 2715.

 egg producers of any egg producing area of the United States to request the issuance of an order under section 5, and to participate in the making of nominations under section 8(b) shall be certified by the Secretary. Certification shall be based, in addition to other available information, upon a factual report submitted by the organization

Report.

 which shall contain information deemed relevant and specified by the Secretary for the making of such determination, including, but not limited to, the following: (a) Geographic territory covered by the organization’s active membership, (b) Nature and size of the organization’s active membership, proportion of total of such active membership accounted for by producers of commercial eggs, a chart showing the egg production by State in which the organization has members, and the volume of commercial eggs produced by the organization’s active membership in each such State, (c) The extent to which the commercial egg producer membership of such organization is represented in setting the organization’s policies, (d) Evidence of stability and permanency of the organization, (e) Sources from which the organization’s operating funds are derived, (f) Functions of the organization, and (g) The organization’s ability and willingness to further the aims and objectives of this Act: Provided, however, That the primary consideration in determining the eligibility of an organization shall be whether its commercial egg producer membership consists of a substantial number of egg producers who produce a substantial volume of commercial eggs. The Secretary shall certify any organization which he finds to be eligible under this section and his determination as to eligibility shall be final. Where more than one organization is certified in any geographic area, such organizations may caucus to determine the area’s nominations under section 8(b).
regulations
Sec. 17. The Secretary is authorized to make regulations with force

7 USC 2716.

 and effect of law, as may be necessary to carry out the provisions of this Act and the powers vested in him by this Act.
investigations; power to subpena and take oaths and affirmations; aid of courts
Sec. 18. The Secretary may make such investigations as he deems

7 USC 2717.

 necessary for the effective carrying out of his responsibilities under this Act or to determine whether an egg producer, processor, or other seller of commercial eggs or any other person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provisions of this Act, or of any order, or rule or regulation issued under this Act. For the purpose of such investigation, 88 Stat. 1179 the Secretary is empowered to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, and documents which are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States. In case of contumacy by, or refusal to obey a subpena to, any person, including an egg producer, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, and documents; and such court may issue an order requiring such person to appear before the Secretary, there to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. All process in any such case may be served in the judicial district whereof such person is an inhabitant or wherever he may be found.
separability
Sec. 19. If any provision of this Act or the application thereof to

7 USC 2701 note.

 any person or circumstances is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby.
authorization
Sec. 20. There is hereby authorized to be appropriated out of any

7 USC 2718.

 money in the Treasury not otherwise appropriated such funds as are necessary to carry out the provisions of this Act. The funds so appropriated

Expense payments to Egg Board, prohibition.

 shall not be available for payment of the expenses or expenditures of the Egg Board in administering any provisions of any order issued pursuant to the terms of this Act.
effective date
Sec. 21. This Act shall take effect upon enactment.

7 USC 2701 note.
Approved October 1, 1974.
Public Law 93–429: To designate certain lands in the Okefenokee National Wildlife Refuge, Georgia, as wilderness. Public Law 429 88 Stat. 1179 1974-10-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–429
An Act To designate certain lands in the Okefenokee National Wildlife Refuge, Georgia, as wilderness.

October 1, 1974

[H. R. 6395]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, in accordance

Okefenokee Wilderness, Ga.

Designation.

16 USC 1132.

 with section 3(c) of the Wilderness Act (78 Stat. 890, 892), certain lands in the Okefenokee National Wildlife Refuge, Georgia, which comprise about three hundred forty-three thousand eight hundred and fifty acres and which are depicted on a map entitled “Okefenokee Wilderness Proposal” dated October 1967, revised March 1971, are hereby designated as wilderness. The map shall be on file and available for public inspection in the offices of United States Fish and Wildlife Service, Department of the Interior.
88 Stat. 1180
Sec. 2. Within the wilderness designated by this Act, subject to

Watercraft, restrictions.

 such restrictions as the Secretary of the Interior deems necessary for public safety and to protect flora and fauna of the wilderness, (1) the use of powered watercraft, propelled by motors of ten or less horsepower, will be permitted, (2) watercraft trails including approximately one hundred twenty miles as delineated on such map will be maintained. Access to watercraft trails in the wilderness area will be provided from the Suwannee River Sill, Steven Foster State Park, Kings Landing, and Suwannee Recreation Area (Camp Cornelia).
Sec. 3. Fishing shall be permitted in the waters of the Okefenokee

Fishing rights.

 Wilderness, in accordance with applicable State and Federal regulations, except that the Secretary of the Interior may designate zones and establish periods when no fishing shall be permitted for reasons of public safety, administration, fish and wildlife management, or public use and enjoyment.
Sec. 4. As soon as practicable after the Act takes effect, a map and a

Map and description, filing with congressional committees.

 legal description of the wilderness area shall be filed with the Interior and Insular Affairs Committees of the United States Senate and the House of Representatives, and such description and map shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typographical errors in such description and map may be made.
Sec. 5. The area designated by this Act as wilderness shall be known

Administration.

 as the Okefenokee Wilderness and shall be administered by the Secretary of the Interior in accordance with the provisions of the Wilderness Act.

16 USC 1131 note.
Approved October 1, 1974.
Public Law 93–430: To authorize appropriations for the Coast Guard for the procurement of vessels and aircraft and construction of shore and offshore establishments, to authorize appropriations for bridge alterations, to authorize for the Coast Guard an end-year strength for active duty personnel, to authorize for the Coast Guard average military student loads, and for other purposes. Public Law 430 88 Stat. 1180 1974-10-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–430
An Act To authorize appropriations for the Coast Guard for the procurement of vessels and aircraft and construction of shore and offshore establishments, to authorize appropriations for bridge alterations, to authorize for the Coast Guard an end-year strength for active duty personnel, to authorize for the Coast Guard average military student loads, and for other purposes.

October 1, 1974

[H.R. 13595]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That funds are

U.S. Coast Guard.

Appropriation authorization; personnel strength.

Fishing vessels, exemption from certain laws.

 hereby authorized to be appropriated for fiscal year 1975 for the use of the Coast Guard as follows:
vessels For procurement, innovation, and increasing the capability of vessels, $22,676,000. A. Procurement: (1) One one-hundred-and-sixty-foot inland construction tender; (2) small boat replacement program; and (3) design of vessels. B. Renovation and increasing capability: (1) renovate and improve buoy tenders; (2) re-engine and renovate coastal buoy tenders; (3) modernize and improve cutter, buoy tender, and icebreaker communications equipment; (4) abate pollution by oily waste from Coast Guard vessels; and (5) abate pollution by nonoily waste from Coast Guard vessels.
88 Stat. 1181
aircraft For procurement of eight replacement fixed-wing medium-range search aircraft, $17,793,000.
construction For the establishment or development of installations and facilities by acquisition, construction, conversion, extension, or installation of permanent or temporary public works, including the preparation of sites and furnishing of appurtenances, utilities, and equipment for the following, $74,731,000: (1) St. Petersburg, Florida: Establish a new consolidated aviation facility. (2) Arcata, California: Construct air station, phase II. (3) Sitka, Alaska: Construct new air station. (4) Woods Hole, Massachusetts: Construct small boat maintenance facility at Coast Guard base. (5) New London, Connecticut: Renovate and expand cadet galley and dining facilities at Coast Guard Academy. (6) Curtis Bay, Maryland: Renew steam system at Coast Guard yard, phase II. (7) Yorktown, Virginia: Construct classroom building at Reserve training center. (8) Portsmouth, Virginia: Construct new Coast Guard base, phase III. (9) Virginia Beach, Virginia: Replace Little Creek Station waterfront facilities. (10) Rodanthe, North Carolina: Improve Oregon Inlet Station. (11) Port Canaveral, Florida: Replace Port Canaveral Station (leased property). (12) Miami, Florida: Renovate Miami Air Station. (13) Port Aransas, Texas: Rebuild Port Aransas Station. (14) Traverse City, Michigan: Rebuild air station. (15) Keokuk, Iowa: Construct depot building. (16) Seattle, Washington: Relocate Coast Guard units to piers 36/37, phase I (leased property). (17) Alaska, various locations: Establish VHF-FM distress communications system. (18) Kodiak, Alaska: Renovate and consolidate Coast Guard base, phase II. (19) Valdez, Alaska: Establish vessel traffic system and port safety station. (20) Various locations: Improve radio navigation system of Pacific coastal region. (21) New York, New York: Complete vessel traffic system, phase I (part II). (22) Various locations : Waterways aids to navigation projects. (23) Various locations: Lighthouse automation and modernization program (LAMP). (24) Various locations: Mediterranean loran C equipment replacement. (25) Various locations: Public family quarters. (26) Various locations: Advance planning, survey, design, and architectural services; project administration costs; acquire sites in connection with projects not otherwise authorized by law.
88 Stat. 1182
Sec. 2. For fiscal year 1975, the Coast Guard is authorized an end

Active duty personnel strength.

 strength for active duty personnel of thirty-seven thousand seven hundred and forty-eight; except that the ceiling shall not include members of the Ready Reserve called to active duty under the provisions of Public Law 92–479.

14 USC 764.
Sec. 3. For fiscal year 1975, military training student loads for the Coast Guard are authorized as follows: (1) recruit and special training, four thousand and eighty man-years; (2) flight training, eighty-five man-years; (3) professional training in military and civilian institutions, three hundred and seventy-five man-years; and (4) officer acquisition training, one thousand one hundred and sixty man-years.
Sec. 4. For use of the Coast Guard for payment to bridge owners

Bridge owners, payments.

 for the cost of alterations of railroad bridges and public highway bridges to permit free navigation of navigable waters of the United States, $6,800,000 is hereby authorized.
Sec. 5. Section 657 of title 14, United States Code, is amended—

Dependent children outside U.S., schooling and transportation.

 (a) by deleting from the catchline the semicolon and the words following “children”; (b) by designating the existing section as subsection (b); and (c) by inserting a new subsection (a) as follows: “(a) Except as otherwise authorized by the Act of September 30, 1950 (20 U.S.C. 236–244), the Secretary may provide, out of funds appropriated to or for the use of the Coast Guard, for the primary and secondary schooling of dependents of Coast Guard personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of those dependents.”.
Sec. 6. (1) Section 1(b) of the Act of August 27, 1935 (46 U.S.C. 88), as amended, is further amended by inserting the words “and all

Vessels used in coastwise trade, loadlines.

 vessels of not more than five thousand gross tons used in the processing or assembling of fishery products in the fisheries of the States of Oregon, Washington, and Alaska, except those constructed after August 15, 1974, or those converted to any of such services after July 11, 1978,” after the words “from July 11, 1968,” but before the words “are exempt”. (2) The first proviso of section 1 of the Act of June 20, 1936 (46 U.S.C. 367), as amended, is further amended by deleting the last two

Internal combustion engines, exemptions.

 sentences and inserting in lieu thereof: “As used herein, the phrase ‘any vessel’ engaged in fishing, oystering, clamming, crabbing, or any other branch of the fishery or kelp or sponge industries includes cannery tender or fishing tender vessels of not more than five hundred gross tons used in the salmon or crab fisheries of the States of Oregon, Washington, and Alaska which are engaged exclusively in (1) the carriage of cargo to or from vessels in the fishery or a facility used or to be used in the processing or assembling of fishery products, or (2) the transportation of cannery or fishing personnel to or from operating locations, and vessels of not more than five thousand gross tons used in the processing or assembling of fishery products in the fisheries of the States of88 Stat. 1183 Oregon, Washington, and Alaska. The exemptions in the preceding sentence for cannery tender, and fishing tender vessels and vessels used in processing or assembling fishery products shall continue in force until July 11, 1978.”. (3) The proviso clauses of paragraph (2) of section 4417a of the

Combustible cargo in bulk.

 Revised Statutes (46 U.S.C. 391a(2)), as amended, are further amended to read as follows: “Provided, That (i) this section shall not apply to vessels having on board the substances set forth in (A), (B), or (C) above only for use as fuel or stores or to vessels carrying such cargo only in drums, barrels, or other packages; “(ii) nothing contained herein shall be deemed to amend or modify the provisions of section 4 of Public Law 93–397 with

82 Stat. 341.

46 USC 391a.

 respect to certain vessels of not more than five hundred gross tons; “(iii) this section shall not apply to vessels of not more than five thousand gross tons used in the processing and assembling of fishery products in the fisheries of the States of Oregon, Washington, and Alaska and such vessels shall be allowed to have on board inflammable or combustible cargo in bulk to the extent and upon conditions as may be required by the Secretary of the department in which the Coast Guard is operating; and “(iv) this section shall not apply to vessels of not more than five hundred gross tons documented in the service of oil exploitation which are not tank vessels and which would be subject to this section only because of the transfer of fuel from the vessels’ own fuel supply tanks to offshore drilling or production facilities.”. (4) Section 4426 of the Revised Statutes of the United States (46

Certain commercial fishing vessels, exemptions.

 U.S.C. 404), as amended, is further amended by deleting the last two sentences and inserting in lieu thereof: “As herein, the phrase ‘engaged in fishing as a regular business’ includes cannery tender or fishing tender vessels of not more than five hundred gross tons used in the salmon or crab fisheries of the States of Oregon, Washington, and Alaska which are engaged exclusively in (1) the carriage of cargo to or from vessels in the fishery or a facility used or to be used in the processing or assembling of fishery products, or (2) the transportation of cannery or fishing personnel to or from operating locations, and vessels of not more than five thousand gross tons used in the processing or assembling of fishery products in the fisheries of the States of Oregon, Washington, and Alaska, The exemptions in the preceding sentence for cannery tender, fishing tender vessels and vessels used in processing or assembling of fishery products shall continue in force until July 11, 1978.”.
Sec. 7. The Secretary of the department in which the Coast Guard

Study.

16 USC 1091 note.

 is operating (hereinafter referred to as the “Secretary”), in cooperation with the Secretaries of Commerce, State, Defense, and the Treasury, and the Attorney General, shall conduct a comprehensive study of all feasible methods of enforcing fishery management jurisdiction, including any possible extension of such jurisdiction. In carrying out such study, the Secretary shall evaluate all available techniques of enforcement including, but not limited to, the use of satellites, remote sensing, vessels, aircraft, radar, or devices implanted on the seafloor.
Approved October 1, 1974.
Public Law 93–431: To authorize the establishment of the Boston National Historical Park in the Commonwealth of Massachusetts. Public Law 431 88 Stat. 1184 1974-10-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 1184 Public Law 93–431
An Act To authorize the establishment of the Boston National Historical Park in the Commonwealth of Massachusetts.

October 1, 1974

[S. 210]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Boston National Historical Park Act of 1974.

16 USC 410z note.

Property acquisition.

16 USC 410z.

 be cited as the “Boston National Historical Park Act of 1974”.
Sec. 2. (a) In order to preserve for the benefit and inspiration of the people of the United States as a national historical park certain historic structures and properties of outstanding national significance located in Boston, Massachusetts, and associated with the American Revolution and the founding and growth of the United States, the Secretary of the Interior (hereinafter referred to as the “Secretary”) may, in accordance with the provisions of this Act, acquire by donation or by purchase with donated funds, all lands and improvements thereon or interests therein comprising the following described areas:

Description.

(1) Faneuil Hall, located at Dock Square, Boston; (2) Paul Revere House, 19 North Square, Boston; (3) The area identified as the Old North Church area, 193 Salem Street, Boston; (4) The Old State House, Washington and State Streets, Boston; (5) Bunker Hill, Breeds Hill, Boston; (6) Old South Meeting House, Milk and Washington Streets, Boston; and (7) Charlestown Navy Yard. (b) In the event that the properties described in this section are not donated to the United States or purchased with donated funds, they may be acquired by the Secretary with appropriated funds: Provided, That, except for privately held lands within the Charlestown Navy Yard as described in subsection (d) of this section, the Secretary shall not acquire any such properties by eminent domain so long as he determines that a binding, written cooperative agreement, assuring the preservation and historical integrity of such properties remains in force and effect. Lands owned by the Commonwealth of Massachusetts, or any of its political subdivisions, may be acquired only by donation. (c) At such time as the Secretary determines that sufficient lands,

Boston National Park.

Establishment.

 improvements, and interests therein have been acquired or that cooperative agreements satisfying the preservation and historical objective of this Act have been executed, he may establish the Boston National Historical Park by publication of notice to that effect in the

Publication in Federal Register.

 Federal Register, together with a detailed description or map setting forth the properties included therein. (d) As used in this section, the Charlestown Navy Yard shall include the United States Ship Constitution and the lands generally depicted on the map entitled “Boundary Map: Charlestown Naval Shipyard—U.S.S. Constitution, Boston National Historical Park”, numbered BONA 20,000 and dated March 1974 which shall be on file and available in the offices of the Director of the National Park Service, Department of the Interior, Washington, D.C. All right, title, and interest in the Federal properties and improvements included therein shall be transferred to the Secretary of the Interior: Provided, That he may, by written agreement with the Secretary of the Navy, permit the continued use of any such buildings and facilities as the Secretary of the Interior determines to be necessary for the preservation and maintenance of the Constitution, which agreement shall pro-88 Stat. 1185vide that the Department of the Navy shall transfer to the Department

Transfer of funds.

 of the Interior funds sufficient to cover the costs attributable to the functions and services which are provided by the Department of the Interior. The Secretary shall consult with representatives of the city

Transportation plans, consultation with city and state representatives.

 of Boston and the Commonwealth of Massachusetts concerning the development of suitable transportation plans consistent with the purposes for which the Navy Yard was included in the historical park.
Sec. 3. (a) In addition to the properties described in section 2 of this Act, the Secretary shall study the properties described in this section to determine the feasibility and suitability of including them

Studies.

16 USC 410z–1.

 within the Boston National Historical Park. In making such studies, he may enter into tentative agreements with any owners thereof for their inclusion in said park and he may enter into options, for a nominal consideration, for the purchase of such properties, but no additional properties may be added to the park except by an act of the Congress. Studies shall be made of the following properties: (1) Boston Common; (2) Dillaway-Thomas House; (3) Thomas Crease House (old Corner Book Store); (4) Dorchester Heights; and (5) the following burying grounds: King’s Chapel, Granary, and Copp’s Hill. (b) In furtherance of the general purposes of this Act as prescribed

Preservation and restoration, cooperative agreements.

 in section 2, the Secretary is authorized to enter into cooperative agreements with the city of Boston, the Commonwealth of Massachusetts, or any private organization to mark, interpret, restore, and/or provide technical assistance for the preservation and interpretation of any properties listed in section 2, or portions thereof, which, in his opinion, would best be preserved in private, municipal, or State ownership, in connection with the Boston National Historical Park. Such agreements shall contain, but shall not be limited to, provisions that the Secretary, through the National Park Service, shall have right of access at all reasonable times to all public portions of the property covered by such agreement for the purpose of conducting visitors through such properties and interpreting them to the public, that no changes or alterations shall be made in such properties except by mutual agreement between the Secretary and the other parties to such agreements, except that no limitation or control of any kind over the use of any such properties customarily used for church purposes shall be imposed by any agreement. The agreements may contain specific provisions which outline in detail the extent of the participation by the Secretary in the restoration, preservation, and maintenance of such historic properties. (c) The Secretary may identify other significant sites of the colonial

Significant sites, identifications.

 and Revolutionary periods of American history in the city of Boston, Massachusetts, and its environs, which are related to the historical park created by this Act, and, with the consent of the owner or owners thereof, may mark them appropriately and make reference to them in any interpretive literature.
Sec. 4. (a) There is established a Boston National Historical Park

Boston National Historical Park Advisory Commission.

Establishment.

16 USC 410z-2.

Membership.

 Advisory Commission (hereinafter referred to as the “Commission”) which shall be composed of members appointed by the Secretary as follows: (1) Three members appointed from recommendations submitted by the Governor of Massachusetts; (2) Three members appointed from recommendations submitted by the mayor of the city of Boston; and 88 Stat. 1186 (3) One member to represent each owner with which the Secretary has concluded a cooperative agreement pursuant to section 3 of this Act, to be appointed from recommendations submitted by each such owner. (b) The Commission shall terminate ten years from the date of

Termination date.

 establishment of the Boston National Historical Park. (c) A vacancy in the Commission shall not affect its powers, but

Vacancies.

 shall be filled in the same manner as the original appointment (and for the balance of the unexpired term). The Chairman of the Commission shall be designated by the Secretary. (d) The Commission shall act and advise by affirmative vote of a majority of its members. (e) The Secretary or his designee shall from time to time, but at

Consultation with Commission.

 least semiannually, consult with the Commission with respect to matters relating to the development of the Boston National Historical Park. (f) Members of the Commission shall serve without compensation as such. The Secretary is authorized to pay the expenses reasonably

Expenses.

 incurred by the Commission in carrying out its responsibilities under this Act upon presentation of vouchers signed by the Chairman.
Sec. 5. The Secretary may acquire property or any interest therein

Land acquisition.

16 USC 410z–3.

 by donation, purchase, or exchange for the visitor center, and notwithstanding any other provision of law, funds appropriated for the development and operation of the visitor center may be expended on property in which the Secretary has acquired less than the fee simple interest therein, including a leasehold interest.
Sec. 6. When established as provided in section 2 of this Act, the

Administration.

16 USC 410Z–4.

 Boston National Historical Park shall be administered by the Secretary in accordance with the provisions of this Act, the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented (16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–467).
Sec. 7. For the acquisition of lands or interests in lands designated

Appropriation.

16 USC 410z–5.

 by section 2 of this Act as components of the Boston National Historical Park, there is authorized to be appropriated not to exceed $2,740,000. For development of the components designated as paragraphs 1 through 6 in section 2, there is authorized to be appropriated not more than $12,818,000. For the development of the component designated as paragraph 7 in section 2, there is authorized to be appropriated not more than $11,500,000.
Approved October 1, 1974.
Public Law 93–432: To authorize the conveyance to the city of Salem, Illinois, of a statue of William Jennings Bryan. Public Law 432 88 Stat. 1186 1974-10-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–432
An Act To authorize the conveyance to the city of Salem, Illinois, of a statue of William Jennings Bryan.

October 4, 1974

[H. R. 5507]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary

Salem, Ill.

William Jennings Bryan, statue, conveyance.

 of the Interior is authorized and directed to donate, by appropriate cooperative agreement, and without monetary consideration, to the city of Salem, Illinois, all right, title, and interest of the United States in and to the statue of William Jennings Bryan authorized by the Act of June 18, 1930 (46 Stat. 783). Such donation shall be on condition that the city of Salem, Illinois, shall suitably display and maintain within such city such statue as a memorial to William Jennings Bryan, onetime Member of the House of Representatives of the United States,88 Stat. 1187 Secretary of State of the United States, and three times nominated by his party for President of the United States.
Approved October 4, 1974.
Public Law 93–433: Making appropriations for the Departments of State, Justice, and Commerce, the Judiciary, and related agencies for the fiscal year ending June 30, 1975, and for other purposes. Public Law 433 88 Stat. 1187 1974-10-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–433
An Act Making appropriations for the Departments of State, Justice, and Commerce, the Judiciary, and related agencies for the fiscal year ending June 30, 1975, and for other purposes.

October 5, 1974

[H.R. 15404]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following

Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1975.

 sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of State, Justice, and Commerce, the Judiciary, and related agencies for the fiscal year ending June 30, 1975, and for other purposes, namely: <num value="I">TITLE I—</num> <heading class="inline">DEPARTMENT OF STATE</heading> <sidenote><p class="firstIndent1 fontsize8">Department of State Appropriation Act, 1975.</p></sidenote> <appropriations level="intermediate"> <heading>Administration of Foreign Affairs</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses of the Department of State, not otherwise provided for, including expenses authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801–1158), and allowances as authorized by 5 U.S.C. 5921–5925; expenses of binational arbitrations arising under international air transport agreements; expenses necessary to meet the responsibilities and obligations of the United States in Germany (including those arising under the supreme authority assumed by the United States on June 5, 1945, and under contractual arrangements with the Federal Republic of Germany); hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; dues for library membership in organizations which issue publications to members only, or to members at a price lower than to others; expenses authorized by section 2 of the Act of August 1, 1956 (22 U.S.C. 2669), as amended; refund of fees erroneously charged and paid for passports; radio communications; payment in advance for subscriptions to commercial information, telephone and similar services abroad; care and transportation of prisoners and persons declared insane; expenses, as authorized by law (18 U.S.C. 3192), of bringing to the United States from foreign countries persons charged with crime; expenses necessary to provide maximum physical security in Government-owned and leased properties abroad; and procurement by contract or otherwise, of services, supplies, and facilities, as follows: (1) translating, (2) analysis and tabulation of technical information, and (3) preparation of special maps, globes, and geographic aids; $349,650,000: <proviso><i>Provided</i>, That passenger motor vehicles in possession of the Foreign Service abroad may be replaced in accordance with section 7 of the Act of August 1, 1956 (22 U.S.C. 2674), and the cost, including the exchange allowance, of each such replacement shall not exceed $4,900 in the case of the chief of mission automobile at each diplomatic mission (except that four such vehicles may be purchased at not to exceed $9,000 each) and such amounts as may be otherwise provided by law for all other such vehicles:</proviso> <proviso><i>Provided further</i>, That in addition, this appropriation shall be available for the purchase (not to exceed thirty-three), replacement, rehabilitation, and modification of passenger<page identifier="/us/stat/88/1188">88 <inline class="smallCaps">Stat</inline>. 1188</page> motor vehicles for protective purposes without regard to any maximum price limitations otherwise established by law</proviso>.</content> </appropriations> <appropriations level="small"> <heading>representation allowances</heading> <content>For representation allowances as authorized by section 901 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1131), $1,350,000.</content> </appropriations> <appropriations level="small"> <heading>acquisition, operation, and maintenance of buildings abroad</heading> <content>For necessary expenses of carrying into effect the Foreign Service Buildings Act, 1926, as amended (22 U.S.C. 292–300), including personal services in the United States and abroad; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801–1158) ; allowances as authorized by 5 U.S.C. 5921–5925; and services as authorized by 5 U.S.C. 3109; $22,914,000, to remain available until expended: <proviso><i>Provided</i>, That not to exceed $1,632,000 may be used for administrative expenses during the current fiscal year</proviso>.</content> </appropriations> <appropriations level="small"> <heading>acquisition, operation, and maintenance of buildings abroad (special foreign currency program)</heading> <content>For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States for the purposes authorized by section 104(b) (4) of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704), to be credited to and expended under the appropriation account for “Acquisition, operation, and maintenance of buildings abroad”, to remain available until expended, $4,870,000.</content> </appropriations> <appropriations level="small"> <heading>emergencies in the diplomatic and consular service</heading> <content>For expenses necessary to enable the Secretary of State to meet unforeseen emergencies arising in the Diplomatic and Consular Service, to be expended pursuant to the requirement of section 291 of the Revised Statutes (31 U.S.C. 107), $2,100,000.</content> </appropriations> <appropriations level="small"> <heading>payment to foreign service retirement and disability fund</heading> <content>For payment to the Foreign Service Retirement and Disability Fund, as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 1105–1106), $20,535,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>International Organizations and Conferences</heading> <appropriations level="small"> <heading>contributions to international organizations</heading> <content>For expenses, not otherwise provided for, necessary to meet annual obligations of membership in international multilateral organizations, pursuant to treaties, conventions, or specific Acts of Congress, $205,903,000.</content> </appropriations> <appropriations level="small"> <heading>missions to international organizations</heading> <content>For expenses necessary for permanent representation to certain <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2269a/269b/269f/269g–1/269h/272a/273–276/279a/280b/280i/280k/287e/287r/290b/1896b/1928/1928b/2673">22 USC 2269a, 269b, 269f, 269g–1, 269h, 272a, 273–276, 279a, 280b, 280i, 280k, 287e, 287r, 290b, 1896b, 1928, 1928b, 2673 notes.</ref></p></sidenote> international organizations in which the United States participates pursuant to treaties, conventions, or specific Acts of Congress, including expenses authorized by the pertinent Acts and conventions provided for such representation; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801–1158); allowances as authorized by 5 U.S.C.<page identifier="/us/stat/88/1189">88 <inline class="smallCaps">Stat</inline>. 1189</page> 5921–5925; and expenses authorized by section 2 (a) and (e) of the Act of August 1, 1956, as amended (22 U.S.C. 2669) ; $6,600,000.</content> </appropriations> <appropriations level="small"> <heading>international, conferences and contingencies</heading> <content>For necessary expenses of participation by the United States, upon approval by the Secretary of State, in international activities which arise from time to time in the conduct of foreign affairs and for which specific appropriations have not been provided pursuant to treaties, conventions, or special Acts of Congress, including personal services without regard to civil service and classification laws; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801–1158) ; allowances as authorized by 5 U.S.C. 5921–5925; hire of passenger motor vehicles; contributions for the share of the United States in expenses of international organizations; and expenses authorized by section 2(a) of the Act of August 1, 1956, as amended (22 U.S.C. 2669); $6,400,000, of which not to exceed a total of $105,000 may be expended for representation allowances as authorized by section 901 of the Act of August 13, 1946, as amended (22 U.S.C 1131) and for official entertainment.</content> </appropriations> <appropriations level="small"> <heading>international trade negotiations</heading> <content>For necessary expenses of participation by the United States in international trade negotiations, including not to exceed $10,000 for representation allowances, as authorized by section 901 of the Act of August 13, 1946, as amended (22 U.S.C. 1131), and for official entertainment, $2,000,000: <i>Provided</i>, That this appropriation shall be available in accordance with the authority provided in the current appropriation for “International conferences and contingencies”.</content> </appropriations> <appropriations level="small"> <heading>international commission of control and supervision</heading> <content>For payments by the United States to meet expenses of the International Commission of Control and Supervision in Viet-Nam, $5,658,000: <proviso><i>Provided</i>, That this appropriation shall not be available for obligation except upon enactment into law of authorizing legislation</proviso>.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>International Commissions</heading> <appropriations level="small"> <heading>international boundary and water commission, united states and mexico</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s277">22 USC 277</ref>.</p></sidenote> <content>For expenses necessary to enable the United States to meet its obligations under the treaties of 1884, 1889, 1905, 1906, 1933, 1944, 1963, and 1970 between the United States and Mexico, and to comply with<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/24/1011">24 Stat. 1011</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/26/1512">26 Stat. 1512</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/35/1863">35 Stat. 1863</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/34/2953">34 Stat. 2953</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/48/1621">48 Stat. 1621</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/59/1219">59 Stat. 1219</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/ust/t15/s21">15 UST 21</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/ust/t23/s371">23 UST 371</ref>.</p></sidenote> the other laws applicable to the United States Section, International Boundary and Water Commission, United States and Mexico, including operation and maintenance of the Rio Grande rectification, canalization, flood control, bank protection, water supply, power, irrigation, boundary demarcation, and sanitation projects; detailed plan preparation and construction (including surveys and operation and maintenance and protection during construction) ; Rio Grande emergency flood protection; expenditures for the purposes set forth in sections 101 through 104 of the Act of September 13, 1950 (22 U.S.C. 277d–1—277d–4) ; purchase of planographs and lithographs; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902) ; and leasing of private property to remove therefrom sand, gravel, stone, and other materials, without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5) ; as follows:</content> </appropriations> <page identifier="/us/stat/88/1190">88 <inline class="smallCaps">Stat</inline>. 1190</page> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For salaries and expenses not otherwise provided for, including examinations, preliminary surveys, and investigations, and operation and maintenance of projects or parts thereof, as enumerated above, including gaging stations, $4,701,000: <proviso><i>Provided</i>, That expenditures for the Rio Grande bank protection project shall be subject to the provisions and conditions contained in the appropriation for said project as provided by the Act approved April 25, 1945 (59 Stat. 89)</proviso>.</content> </appropriations> <appropriations level="small"> <heading>construction</heading> <content>For detailed plan preparation and construction of projects authorized by the convention concluded February 1, 1933, between the United States and Mexico, the Acts approved August 19, 1935, as amended<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/48/s1621">48 Stat. 1621</ref>.</p></sidenote> (22 U.S.C. 277–277f), August 29, 1935 (49 Stat. 961), June 4, 1936 (49 Stat. 1463), June 28, 1941 (22 U.S.C. 277f), September 13, 1950 (22 U.S.C. 277d–1–9), October 10, 1966 (80 Stat. 884), October 25,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s277d–32">22 USC 277d–32</ref>.</p></sidenote> 1972 (86 Stat. 1161), and the project stipulated in the treaty between the United States and Mexico signed at Washington on February 3, 1944, to remain available until expended, $6,231,000: <proviso><i>Provided</i>, That<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/59/1219">59 Stat. 1219</ref>.</p></sidenote> no expenditures shall be made for the Lower Rio Grande flood-control project for construction on any land, site, or easement in connection with this project except such as has been acquired by donation and the title thereto has been approved by the Attorney General of the United States:</proviso> <proviso><i>Provided further</i>, That the Anzalduas diversion dam shall not be operated for irrigation or water supply purposes in the United States unless suitable arrangements have been made with the prospective water users for repayment to the Government of such portions of the costs of said dam as shall have been allocated to such purposes by the Secretary of State</proviso>.</content> </appropriations> <appropriations level="small"> <heading>american sections, international commissions</heading> <content> <p class="inline">For expenses necessary to enable the President to perform the obligations of the United States pursuant to treaties between the United States and Great Britain, in respect to Canada, signed January 11, 1909 (36 Stat. 2448), and February 24, 1925 (44 Stat. 2102); and the treaty between the United States and Canada, signed February 27, 1950; including services as authorized by 5 U.S.C. 3109; hire of passenger <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/ust/t1/s694">1 UST 694</ref>.</p></sidenote> motor vehicles; $1,350,000, to be disbursed under the direction of the Secretary of State and to be available also for additional expenses of the American Sections, International Commissions, as hereinafter set forth:</p> <p class="indent0 firstIndent1 fontsize10">International Joint Commission, United States and Canada, the salary of the Commissioners on the part of the United States who shall serve at the pleasure of the President; salaries of clerks and other employees appointed by the Commissioners on the part of the United States with the approval solely of the Secretary of State; travel expenses and compensation of witnesses in attending hearings of the Commission at such places in the United States and Canada as the Commission or the American Commissioners shall determine to be necessary; and special and technical investigations in connection with matters falling within the Commission’s jurisdiction: <proviso><i>Provided</i>, That transfers of funds may be made to other agencies of the Government for the performance of work for which this appropriation is made</proviso>.</p> <p class="indent0 firstIndent1 fontsize10">International Boundary Commission, United States and Canada, the completion of such remaining work as may be required under the award of the Alaskan Boundary Tribunal and the existing treaties<page identifier="/us/stat/88/1191">88 <inline class="smallCaps">Stat</inline>. 1191</page> between the United States and Great Britain; commutation of subsistence to employees while on field duty at not to exceed the authorized prevailing daily rate; hire of freight and passenger motor vehicles from temporary field employees; and payment for timber necessarily cut in keeping the boundary line clear.</p> </content> </appropriations> <appropriations level="small"> <heading>international fisheries commissions</heading> <content>For expenses, not otherwise provided for, necessary to enable the United States to meet its obligations in connection with participation in international fisheries commissions pursuant to treaties or conventions, and implementing Acts of Congress, $4,030,000: <proviso><i>Provided</i>, That the United States share of such expenses may be advanced to the respective commissions</proviso>.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Educational Exchange</heading> <appropriations level="small"> <heading>mutual educational and cultural exchange activities</heading> <content>For expenses, not otherwise provided for, necessary to enable the Secretary of State to carry out the functions of the Department of State under the provisions of the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451–2458), and the Act of August 9, 1939 (22 U.S.C. 501), including expenses authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801–1158); expenses of the National Commission on Educational, Scientific, and Cultural Cooperation as authorized by sections 3, 5, and 6 of the Act of July 30, 1946 (22 U.S.C. 287o, 287q, 287r); hire of passenger motor vehicles; not to exceed $10,000 for representation expenses; not to exceed $1,000 for official entertainment within the United States; services as authorized by 5 U.S.C. 3109; and advance of funds notwithstanding section 3648 of the Revised Statutes, as amended (31 U.S.C. 529); $54,000,000, of which not less than $2,000,000 shall be used for payment in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States: <proviso><i>Provided</i>, That not to exceed $3,252,000 may be used for administrative expenses during the current fiscal year</proviso>.</content> </appropriations> <appropriations level="small"> <heading>center for cultural and technical interchange between east and west</heading> <content>To enable the Secretary of State to provide for carrying out the provisions of the Center for Cultural and Technical Interchange between East and West Act of 1960, by grant to any appropriate agency <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2054">22 USC 2054 note</ref>.</p></sidenote> of the State of Hawaii, $7,400,000: <proviso><i>Provided</i>, That none of the funds appropriated herein shall be used to pay any salary, or to enter into any contract providing for the payment thereof, in excess of the highest rate authorized in the General Schedule of the Classification Act of 1949, as amended</proviso>. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>General Provisions—Department of State</heading> <section> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <content>Appropriations under this title for “Salaries and expenses”, <sidenote><p class="firstIndent1 fontsize8">Security guard services.</p></sidenote> “International conferences and contingencies”, and “Missions to international organizations” are available for reimbursement of the General Services Administration for security guard services for protection of confidential files.</content> </section> <section> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <content>No part of any appropriation contained in this title shall <sidenote><p class="firstIndent1 fontsize8">Salaries and expenses, restrictions.</p></sidenote> be used to pay the salary or expenses of any person assigned to or serv-<page identifier="/us/stat/88/1192">88 <inline class="smallCaps">Stat</inline>. 1192</page>ing in any office of any of the several States of the United States or any political subdivision thereof.</content> </section> <section> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <content> <p class="inline">None of the funds appropriated in this title shall be used<sidenote><p class="firstIndent1 fontsize8">One-world-government advocates.</p></sidenote> (1) to pay the United States contribution to any international organization which engages in the direct or indirect promotion of the principle or doctrine of one world government or one world citizenship; (2) for the promotion, direct or indirect, of the principle or doctrine of one world government or one world citizenship.</p> <p class="indent0 firstIndent1 fontsize10">This title may be cited as the “Department of State Appropriation Act,<sidenote><p class="firstIndent1 fontsize8">Citation of title.</p></sidenote> 1975”.</p> </content> </section> </appropriations> <num value="II">TITLE II—</num> <heading class="inline">DEPARTMENT OF JUSTICE</heading> <sidenote><p class="firstIndent1 fontsize8">Department of Justice Appropriation Act 1975.</p></sidenote> <appropriations level="intermediate"> <heading>Legal Activities and General Administration</heading> <appropriations level="small"> <heading>salaries and expenses, general administration</heading> <content>For expenses necessary for the administration of the Department of Justice, including hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; and miscellaneous and emergency expenses authorized or approved by the Attorney General or the Assistant Attorney General for Administration; $21,850,000, of which $2,804,000 is for the Watergate Special Prosecution Force.</content> </appropriations> <appropriations level="small"> <heading>salaries and expenses, general legal activities</heading> <content>For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including miscellaneous and emergency expenses authorized or approved by the Attorney General or the Assistant Attorney General for Administration; not to exceed $30,000 for expenses of collecting evidence, to be expended under the direction of the Attorney General and accounted for solely on his certificate; and advances of public moneys pursuant to law (31 U.S.C. 529); $59,000,000: <proviso><i>Provided</i>, That not to exceed $125,000 may be transferred to this appropriation from the “Alien Property Fund, World War II”, for the general administrative expenses of alien property activities, including rent of private or Government-owned space in the District of Columbia</proviso>.</content> </appropriations> <appropriations level="small"> <heading>salaries and expenses, antitrust division</heading> <content>For expenses necessary for the enforcement of antitrust, consumer protection and kindred laws, $16,762,000: <proviso><i>Provided</i>, That none of this appropriation shall be expended for the establishment and maintenance of permanent regional offices of the Antitrust Division</proviso>.</content> </appropriations> <appropriations level="small"> <heading>salaries and expenses, united states attorneys and marshals</heading> <content>For necessary expenses of the offices of the United States attorneys and marshals, including purchase of firearms and ammunition; $126,600,000: <i>Provided</i>, That of the amount herein appropriated not to exceed $200,000 shall be available for payment of compensation and expenses of Commissioners appointed in condemnation cases under Rule 71A(h) of the Federal Rules of Civil Procedure.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t28/">28 USC app</ref>.</p></sidenote></content> </appropriations> <appropriations level="small"> <heading>fees and expenses of witnesses</heading> <content>For expenses, mileage, and per diems of witnesses and for per diems in lieu of subsistence, as authorized by law, and not to exceed $1,500,000<page identifier="/us/stat/88/1193">88 <inline class="smallCaps">Stat</inline>. 1193</page> for such compensation and expenses of expert witnesses pursuant to section 524 of title 28, United States Code, and sections 4244–48 of title 18, United States Code, including advances; $14,200,000: <proviso><i>Provided</i>, That no part of the sum herein appropriated shall be used to pay any witness more than one attendance fee for any one calendar day</proviso>.</content> </appropriations> <appropriations level="small"> <heading>salaries and expenses, community relations service</heading> <content>For necessary expenses of the Community Relations Service established by title X of the Civil Rights Act of 1964 (42 U.S.C. 2000g–2000g–2), $3,750,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Federal Bureau of Investigation</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content> <p class="inline">For expenses necessary for the detection and prosecution of crimes against the United States; protection of the person of the President of the United States; acquisition, collection, classification and preservation of identification and other records and their exchange with, and for the official use of, the duly authorized officials of the Federal Government, of States, cities, and other institutions, such exchange to be subject to cancellation if dissemination is made outside the receiving departments or related agencies; and such other investigations regarding official matters under the control of the Department of Justice and the Department of State as may be directed by the Attorney General, including purchase for police-type use without regard to the general purchase price limitation for the current fiscal year not to exceed one thousand one hundred and seventy-nine (for replacement only) and hire of passenger motor vehicles; purchase (two), lease, hire, maintenance, operation and storage of aircraft; firearms and ammunition; not to exceed $10,000 for taxicab hire to be used exclusively for the purposes set forth in this paragraph; payment of rewards; and not to exceed $70,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General, and to be accounted for solely on his certificate; $433,100,000.</p> <p class="indent0 firstIndent1 fontsize10">None of the funds appropriated for the Federal Bureau of Investigation shall be used to pay the compensation of any civil-service employee.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Immigration and Naturalization Service</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For expenses, not otherwise provided for, necessary for the administration and enforcement of the laws relating to immigration, naturalization, and alien registration, including advance of cash to aliens for meals and lodging while en route; payment of allowances (at a rate not in excess of $1 per day) to aliens, while held in custody under the immigration laws, for work performed; payment of rewards; not to exceed $50,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General and accounted for solely on his certificate; purchase for police-type use without regard to the general purchase price limitation for the current fiscal year (not to exceed three hundred and seventy-five, of which three hundred and ten shall be for replacement only) and hire of passenger motor vehicles; purchase (not to exceed eight, of which two shall be for replacement only), lease, maintenance and operation of aircraft; firearms and ammunition, attendance at firearms matches;<page identifier="/us/stat/88/1194">88 <inline class="smallCaps">Stat</inline>. 1194</page> refunds of head tax, maintenance bills, immigration fines, and other items properly returnable, except deposits of aliens who become public charges and deposits to secure payment of fines and passage money; operation, maintenance, remodeling, and repair, of buildings and the purchase of equipment incident thereto ; acquisition of land as sites for enforcement fence and construction incident to such fence; reimbursement of the General Services Administration for security guard services for protection of confidential files; $175,850,000: <proviso><i>Provided</i>, That of the amount herein appropriated, not to exceed $50,000 may be used for the emergency replacement of aircraft upon certificate of the Attorney General</proviso>.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Federal Prison System</heading> <appropriations level="small"> <heading>salaries and expenses, bureau of prisons</heading> <content>For expenses necessary for the administration, operation, and maintenance of Federal penal and correctional institutions, including supervision of United States prisoners in non-Federal institutions; purchase of (not to exceed thirty-four, of which eighteen are for replacement only), and hire of passenger motor vehicles; compilation of statistics relating to prisoners in Federal penal and correctional institutions; assistance to State and local governments to improve their correctional systems; firearms and ammunition; medals and other awards; payment of rewards; purchase and exchange of farm products and livestock; construction of buildings at prison camps; and acquisition of land as authorized by section 4010 of title 18, United States Code, $169,000,000: <proviso><i>Provided</i>, That there may be transferred to the Health<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s250a">42 USC 250a</ref>.</p></sidenote> Services Administration such amounts as may be necessary, in the discretion of the Attorney General, for direct expenditures by that Administration for medical relief for inmates of Federal penal and correctional institutions</proviso>.</content> </appropriations> <appropriations level="small"> <heading>buildings and facilities</heading> <content>For planning, acquisition of sites and construction of new facilities and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $27,690,000, to remain available until expended: <proviso><i>Provided</i>, That labor of United States prisoners may be used for work performed under this appropriation</proviso>.</content> </appropriations> <appropriations level="small"> <heading>support of united states prisoners</heading> <content>For support of United States prisoners in non-Federal institutions, including necessary clothing and medical aid, payment of rewards, and reimbursement to St. Elizabeths Hospital for the care and treatment of United States prisoners, at per diem rates as authorized by law (24 U.S.C. 168a), $26,200,000: <proviso><i>Provided</i>, That not to exceed $1,500,000 shall be available for expenses incurred in the fiscal year 1974</proviso>.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Law Enforcement Assistance Administration</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For grants, contracts, loans, and other law enforcement assistance authorized by title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, including departmental salaries and other<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3701">42 USC 3701</ref>.</p></sidenote> expenses in connection therewith, $880,000,000, to remain available until expended.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/1195">88 <inline class="smallCaps">Stat</inline>. 1195</page> <appropriations level="intermediate"> <heading>Drug Enforcement Administration</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses of the Drug Enforcement Administration, including hire of passenger motor vehicles; payment in advance for special tests and studies by contract; not to exceed $70,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General, and to be accounted for solely on his certificate; purchase of not to exceed 441 passenger motor vehicles (of which 406 are for replacement only) for police-type use without regard to the general purchase price limitation for the current fiscal year; payment of rewards; payment for publication of technical and informational material in professional and trade journals; purchase of chemicals, apparatus, and scientific equipment; payment for necessary accommodations in the District of Columbia for conferences and training activities; acquisition (purchase of one), lease, maintenance, and operation of aircraft; employment of aliens by contract for services abroad; research related to enforcement and drug control; benefits in accordance with those provided under 22 U.S.C. 1136(9)–(11), under regulations prescribed by the Secretary of State; $135,000,000, of which not to exceed $4,500,000 for research shall remain available until expended.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>General Provisions—Department of Justice</heading> <section> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content>None of the funds appropriated by this title may be used <sidenote><p class="firstIndent1 fontsize8">Attorneys, qualifications.</p></sidenote> to pay the compensation of any person hereafter employed as an attorney (except foreign counsel employed in special cases) unless such person shall be duly licensed and authorized to practice as an attorney under the laws of a State, territory, or the District of Columbia.</content> </section> <section> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <content>Fifty-three per centum of the expenditures for the offices <sidenote><p class="firstIndent1 fontsize8">Reimbursement to U.S.</p></sidenote> of the United States Attorney and the United States marshal for the District of Columbia from all appropriations in this title shall be reimbursed to the United States from any funds in the Treasury of the United States to the credit of the District of Columbia: <proviso><i>Provided</i>, That notwithstanding the provisions of this section, not to exceed $1,159,800 from any funds in the Treasury of the United States to the credit of the District of Columbia shall be available for reimbursement to the United States pursuant to this section</proviso>.</content> </section> <section> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <content>Appropriations and authorizations made in this title which <sidenote><p class="firstIndent1 fontsize8">Meetings, attendance.</p></sidenote> are available for expenses of attendance at meetings shall be expended for such purposes in accordance with regulations prescribed by the Attorney General.</content> </section> <section> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <content>Appropriations and authorizations made in this title for <sidenote><p class="firstIndent1 fontsize8">Experts and consultants.</p></sidenote> salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109.</content> </section> <section> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <content>Appropriations for the current fiscal year for “Salaries <sidenote><p class="firstIndent1 fontsize8">uniforms.</p></sidenote> and expenses, general administration,” “Salaries and expenses, United States attorneys and marshals,” “Salaries and expenses, Federal Bureau of Investigation”, “Salaries and expenses, Immigration and Naturalization Service”, and “Salaries and expenses, Bureau of Pris- ons”, shall be available for uniforms and allowances therefor as authorized by law (5 U.S.C. 5901–5902).</content> </section> <section> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num> <content> <p class="inline">Appropriations made in this title shall be available for <sidenote><p class="firstIndent1 fontsize8">Government motor vehicles, insurance.</p></sidenote> the purchase of insurance for motor vehicles operated on official Government business in foreign countries.</p> <p class="indent0 firstIndent1 fontsize10">This title may be cited as the “Department of Justice Appropriation <sidenote><p class="firstIndent1 fontsize8">Citation of title.</p></sidenote> Act, 1975”.</p> </content> </section> </appropriations> 88 Stat. 1196 <num value="III">TITLE III—</num> <heading class="inline">DEPARTMENT OF COMMERCE</heading> <sidenote><p class="firstIndent1 fontsize8">Department of Commerce Appropriation Act, 1975.</p></sidenote> <appropriations level="intermediate"> <heading>General Administration</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For expenses necessary for the general administration of the Department of Commerce, including not to exceed $1,500 for official entertainment, $10,200,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Social and Economic Statistics Administration</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For expenses necessary for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, and modernization or development of automatic data processing equipment, $47,977,000,</content> </appropriations> <appropriations level="small"> <heading>periodic censuses and programs</heading> <content>For expenses necessary to prepare for taking, compiling, and publishing the censuses of business, transportation, manufactures, and mineral industries; the census of governments; the census of agriculture; the census of population and housing; and periodic surveys, as provided for by law, $22,250,000, to remain available until expended.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Economic Development Administration</heading> <appropriations level="small"> <heading>economic development assistance programs</heading> <content>For economic development assistance as authorized by titles I, II, III, and IV of the Public Works and Economic Development Act of 1965, as amended, $184,200,000: <proviso><i>Provided</i>, That upon enactment of the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3131/3141/3151/3161">42 USC 3131, 3141, 3151, 3161</ref>.</p></sidenote> Indian Tribal Government Grant Act the unobligated balances of the amounts appropriated for Indian tribes under Title I, section 101(a) and Title II, section 201(a) shall be transferred to carry out such purposes of the Indian Tribal Government Grant Act</proviso>.</content> </appropriations> <appropriations level="small"> <heading>administration of economic development assistance programs</heading> <content>For necessary expenses of administering the economic development assistance programs, not otherwise provided for, $17,625,000, of which not to exceed $300,000 may be advanced to the Small Business Administration for processing of loan applications.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Regional Action Planning Commissions</heading> <appropriations level="small"> <heading>regional development programs</heading> <content>For expenses necessary to carry out the programs authorized by title V of the Public Works and Economic Development Act of 1965, as amended, $34,995,000, to remain available until expended.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3181">42 USC 3181</ref>.</p></sidenote></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Domestic and International Business Administration</heading> <appropriations level="small"> <heading>operations and administration</heading> <content>For necessary expenses of domestic business activities of the Department of Commerce; necessary expenses for international business activities, including trade promotional activities abroad without regard to the provisions of law set forth in 41 U.S,C. 5 and 13, and 44 U.S.C. 501, 3702, and 3703; full medical coverage for dependent members of<page identifier="/us/stat/88/1197">88 <inline class="smallCaps">Stat</inline>. 1197</page> immediate families of employees stationed overseas; purchase of commercial and trade reports; employment of aliens by contract for services abroad; rental of space abroad, for periods not exceeding five years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; advance of funds under contracts abroad; payment of tort claims, in the manner authorized in the first paragraph of 28 U.S.C. 2672 when such claims arise in foreign countries; and, not to exceed $4,200 for official representation expenses abroad; and necessary expenses for carrying out the Export Administration Act of 1969, as amended and extended by the Equal Export Opportunity Act, including <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s2401">50 USC app. 2401 note</ref>.</p></sidenote> awards of compensation to informers under said Act and as authorized by 22 U.S.C. 401(b) ; $58,750,000, to remain available until expended, of which not to exceed $600,000 may be advanced to the Bureau of Customs, Treasury Department, for enforcement of the export administration program: <proviso><i>Provided</i>, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out the activities concerned with international business activities</proviso>.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Minority Business Enterprise</heading> <appropriations level="small"> <heading>minority business development</heading> <content>For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprise, $52,000,000, of which $42,347,000 shall remain available until expended: <proviso><i>Provided</i>, That not to exceed $10,653,000 shall be available for program development and management</proviso>.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>United States Travel Service</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses to carry out the provisions of the International Travel Act of 1961, as amended, including employment of aliens <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2121">22 USC 2121 note</ref>.</p></sidenote> by contract for service abroad; rental of space abroad, for periods not exceeding five years, and expenses of alteration, repair, or improvement; advance of funds under contracts abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28 of the United States Code, when such claims arise in foreign countries; and not to exceed $3,500 for representation expenses abroad; $11,250,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>National Oceanic and Atmospheric Administration</heading> <appropriations level="small"> <heading>operations, research, and facilities</heading> <content>For expenses necessary for the National Oceanic and Atmospheric Administration, including research and development; testing and evaluation of new operational systems and equipment; including purchase (one), maintenance, operation, and hire of aircraft; acquisition and installation of research instrumentation; expenses of an authorized strength of 358 commissioned officers on the active list; pay of commissioned officers retired in accordance with law and payments under the Retired Serviceman’s Family Protection and the Survivors Benefit plans; observation of environmental conditions from space satellites, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s1431/1447">10 USC 1431, 1447</ref>.</p></sidenote> and reporting and processing of the data obtained for use in environ- mental forecasting; and construction of facilities, including initial<page identifier="/us/stat/88/1198">88 <inline class="smallCaps">Stat</inline>. 1198</page> equipment; alteration, modernization, and relocation of facilities; and acquisition of land for facilities; $434,300,000, to remain available until expended: <proviso><i>Provided</i>, That this appropriation shall be available for payment to the National Aeronautics and Space Administration for procurement, in accordance with the authority available to that Administration, of such equipment or facilities as may be necessary, for the purposes of this appropriation:</proviso> <proviso><i>Provided further</i>, That the sum of $500,000 shall be made available to the following Commissions for fact gathering leading to the development of a national fisheries policy: the Atlantic States Marine Fisheries Commission, $175,000; the Gulf States Marine Fisheries Commission, $200,000; and the Pacific Marine Fisheries Commission, $125,000:</proviso> <proviso><i>Provided further</i>, That the amount appropriated for “Operations, Research, and Facilities” in the Special Energy Research and Development Appropriation Act, 1975 (Public Law 93–322, approved June 30, 1974) shall be<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 276.</p></sidenote> merged without limitation with this appropriation</proviso>.</content> </appropriations> <appropriations level="small"> <heading>coastal zone management</heading> <content>For carrying out the provisions of Public Law 92–583, approved October 27, 1972, $12,000,000, to remain available until expended.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s1451">16 USC 1451 note</ref>.</p></sidenote></content> </appropriations> <appropriations level="small"> <heading>administration of pribilof islands</heading> <content>For carrying out the provisions of the Act of November 2, 1966 (80 Stat. 1091–1099), $3,937,000, of which so much as may become available <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s1151">16 USC 1151 note</ref>.</p></sidenote> during the current fiscal year shall be derived from the Pribilof Islands fund.</content> </appropriations> <appropriations level="small"> <heading>fishermen’s guaranty fund</heading> <content>For payment to the Fishermen’s Guaranty Fund, established pursuant to the Act of August 12, 1968 (82 Stat. 729), $61,000, to remain<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s1971">22 USC 1971 note</ref>.</p></sidenote> available until expended.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>National Bureau of Fire Prevention</heading> <appropriations level="small"> <heading>operations, research, and administration</heading> <content>For expenses necessary to carry out the provisions of the Federal Fire Prevention and Control Act of 1974, to remain available until<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 1535.</p></sidenote> expended, $6,000,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Patent Office</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses of the Patent Office, including defense of suits instituted against the Commissioner of Patents, $76,300,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Science and Technical Research</heading> <appropriations level="small"> <heading>scientific and technical research and services</heading> <content>For necessary expenses of the National Bureau of Standards, including the acquisition of buildings, grounds, and other facilities; the National Technical Information Service; and the Office of Telecommunications; to remain available until expended, $61,400,000, of which not to exceed $2,100,000 may be transferred to the “Working Capital Fund,” National Bureau of Standards, for additional capital.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/1199">88 <inline class="smallCaps">Stat</inline>. 1199</page> <appropriations level="intermediate"> <heading>Maritime Administration</heading> <appropriations level="small"> <heading>ship construction</heading> <content>For construction-differential subsidy and cost of national-defense features incident to construction of ships for operation in foreign commerce (46 U.S.C. 1152, 1154) ; for construction-differential subsidy and cost of national-defense features incident to the reconstruction and reconditioning of ships under title V of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1154); and for acquisition of used ships pursuant to section 510 of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1160); to remain available until expended, $275,000,000.</content> </appropriations> <appropriations level="small"> <heading>operating-differential subsidies (liquidation of contract authority)</heading> <content>For the payment of obligations incurred for operating-differential subsidies granted on or after January 1, 1947, as authorized by the Merchant Marine Act, 1936, as amended, and in appropriations heretofore <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t46/s1245">46 USC 1245</ref>.</p></sidenote> made to the United States Maritime Commission, $242,800,000, to remain available until expended.</content> </appropriations> <appropriations level="small"> <heading>research and development</heading> <content>For expenses necessary for research, development, fabrication, and test operation of experimental facilities and equipment; collection and dissemination of maritime technical and engineering information; studies to improve water transportation systems; $25,900,000, to remain available until expended.</content> </appropriations> <appropriations level="small"> <heading>operations and training</heading> <content>For expenses necessary for carrying into effect the Merchant Marine Act, 1936, as amended, and the training of cadets as officers of the Merchant Marine, including not to exceed $1,125 for entertainment of officials of other countries when specifically authorized by the Maritime Administrator; not to exceed $1,250 for representation allowances; not to exceed $2,500 for contingencies for the Superintendent, United States Merchant Marine Academy to be expended in his discretion; and uniform and textbook allowances for cadet midshipmen at the U.S. Merchant Marine Academy at an average yearly cost of not to exceed $575 per cadet; $40,333,000, to remain available until expended: <proviso><i>Provided</i>, That reimbursement may be made to this appropriation for expenses in support of activities for National Maritime Research Centers financed from the appropriation for “Research and development”:</proviso> <proviso><i>Provided further</i>, That reimbursements may be made to this appropriation from receipts to the “Federal ship financing fund” for administrative expenses in support of that program</proviso>.</content> </appropriations> <appropriations level="small"> <heading>general provisions—maritime administration</heading> <content> <p class="inline">No additional vessel shall be allocated under charter, nor shall any <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s1738b">50 USC app. 1738b</ref>.</p></sidenote> vessel be continued under charter by reason of any extension of chartering authority beyond June 30, 1949, unless the charterer shall agree that the Maritime Administration shall have no obligation upon redelivery to accept or pay for consumable stores, bunkers, and slopchest items, except with respect to such minimum amounts of bunkers as the Maritime Administration considers advisable to be retained on the vessel and that prior to such redelivery all consumable stores, slop-<page identifier="/us/stat/88/1200">88 <inline class="smallCaps">Stat</inline>. 1200</page>chest items, and bunkers over and above such minimums shall be removed from the vessel by the charterer at his own expense.</p> <p class="indent0 firstIndent1 fontsize10">Notwithstanding any other provision of this Act, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of the Maritime Administration and payments received by the Maritime Administration for utilities, services, and repairs so furnished or made shall be credited to the appropriation charged with the cost thereof: <proviso><i>Provided</i>, That rental payments under any such lease, contract, or occupancy on account of items other than such utilities, services, or repairs shall be covered into the Treasury as miscellaneous receipts</proviso>.</p> <p class="indent0 firstIndent1 fontsize10">No obligations shall be incurred during the current fiscal year from the construction fund established by the Merchant Marine Act, 1936,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t46/s1116">46 USC 1116</ref>.</p></sidenote> or otherwise, in excess of the appropriations and limitations contained in this Act, or in any prior appropriation Act, and all receipts which otherwise would be deposited to the credit of said fund shall be covered into the Treasury as miscellaneous receipts.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>General Provisions—Department of Commerce</heading> <section> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <content>During the current fiscal year applicable appropriations and funds available to the Department of Commerce shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by said Act.</content> </section> <section> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <content>During the current fiscal year appropriations to the Department of Commerce which are available for salaries and expenses shall be available for hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).</content> </section> <section> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num> <content>No part of any appropriation contained in this title shall be used for construction of any ship in any foreign country.</content> </section> <section> <num value="305"><inline class="smallCaps">Sec</inline>. 305. </num> <content> <p class="inline">None of the funds appropriated in this title for the Maritime Administration shall be available for obligation for ship construction, operating-differential subsidies, research and development, nor operations and training, except upon enactment into law of authorizing legislation.</p> <p class="indent0 firstIndent1 fontsize10">This title may be cited as the “Department of Commerce Appropriation <sidenote><p class="firstIndent1 fontsize8">Citation of title.</p></sidenote>Act, 1975”.</p> </content> </section> </appropriations> <num value="IV">TITLE IV—</num> <heading class="inline">THE JUDICIARY</heading> <sidenote><p class="firstIndent1 fontsize8">Judiciary Appropriation Act, 1975.</p></sidenote> <appropriations level="intermediate"> <heading>Supreme Court of the United States</heading> <appropriations level="small"> <heading>salaries</heading> <content>For the Chief Justice and eight Associate Justices, and all other officers and employees, whose compensation shall be fixed by the Court, except as otherwise provided by law, and who may be employed and assigned by the Chief Justice to any office or work of the Court, $4,450,000.</content> </appropriations> <appropriations level="small"> <heading>printing and binding supreme court reports</heading> <content>For printing and binding the advance opinions, preliminary prints, and bound reports of the Court, $565,000.</content> </appropriations> <appropriations level="small"> <heading>miscellaneous expenses</heading> <content>For miscellaneous expenses, to be expended as the Chief Justice may approve, $642,000.</content> </appropriations> <page identifier="/us/stat/88/1201">88 <inline class="smallCaps">Stat</inline>. 1201</page> <appropriations level="small"> <heading>automobile for the chief justice</heading> <content>For purchase, exchange, lease, driving, maintenance, and operation of an automobile for the Chief Justice of the United Statess, $16,300.</content> </appropriations> <appropriations level="small"> <heading>books for the supreme court</heading> <content>For books and periodicals for the Supreme Court to be purchased by the Librarian of the Supreme Court, under the direction of the Chief Justice, $63,000.</content> </appropriations> <appropriations level="small"> <heading>care of the building and grounds</heading> <content>For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties imposed upon him by the Act approved May 7, 1934 (40 U.S .C. 13a–13b), including improvements, maintenance, repairs, equipment, supplies, materials, and appurtenances; special clothing for workmen; and personal and other services (including temporary labor without reference to the Classification and Retirement Acts, as amended), and for snow removal by hire of men <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5101/8331">5 USC 5101 <i>et seq.</i>, 8331 <i>et seq.</i></ref></p></sidenote> and equipment or under contract without compliance with section 3709 of the Revised Statutes, as amended (41 U.S.C. 5) ; $687,300, to remain available until expended: <proviso><i>Provided</i>, That not to exceed $371,500 of the unobligated balance of the appropriation under this head for the fiscal year 1974 is hereby continued available until expended</proviso>.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Court of Customs and Patent Appeals</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For salaries of the chief judge, four associate judges, and all other officers and employees of the court, and necessary expenses of the court, including exchange of books, and traveling expenses, as may be approved by the chief judge, $782,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Customs Court</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For salaries of the chief judge and eight judges; salaries of the officers and employees of the court; services as authorized by 5 U.S.C. 3109; and necessary expenses of the court, including exchange of books and traveling expenses, as may be approved by the court; $2,479,000: <proviso><i>Provided</i>, That traveling expenses of judges of the Customs Court shall be paid upon written certificate of the judge</proviso>.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Court of Claims</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For salaries of the chief judge, six associate judges, and all other officers and employees of the court, and for other necessary expenses, including stenographic and other fees and charges necessary in the taking of testimony, and travel, $2,341,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Courts of Appeals, District Courts, and Other Judicial Services</heading> <appropriations level="small"> <heading>salaries of judges</heading> <content>For salaries of circuit judges; district judges (including judges of the district courts of the Virgin Islands, the Panama Canal Zone, and Guam); justices and judges retired or resigned under title 28, United<page identifier="/us/stat/88/1202">88 <inline class="smallCaps">Stat</inline>. 1202</page> States Code, sections 371, 372, and 373; and annuities of widows of Justices of the Supreme Court of the United States in accordance with title 28, United States Code, section 375; $27,975,000.</content> </appropriations> <appropriations level="small"> <heading>salaries of supporting personnel</heading> <content>For salaries of all officials and employees of the Federal Judiciary, not otherwise specifically provided for, $101,822,000: <proviso><i>Provided</i>, That<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t28/s604">28 USC 604 note</ref>.</p></sidenote> the salaries of secretaries to circuit and district judges shall not exceed the compensation established in chapter 51 of title 5, United States Code, for General Schedule grade (GS) 5, 6,7, 8,9, or 10, and that the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5101/5332">5 USC 5101, 5332 note</ref>.</p></sidenote> salaries of law clerks to circuit and district judges shall not exceed the compensation established in chapter 51 of title 5, United States Code, for General Schedule grade (GS) 7, 8, 9, 10, 11, or 12:</proviso> <proviso><i>Provided further</i>, That (exclusive of step increases corresponding with those provided for by chapter 53 of title 5 of the United States Code, and of compensation paid for temporary assistance needed because of an emergency) the aggregate salaries paid to secretaries and law clerks appointed by each of the circuit and district judges shall not exceed $57,714 and $34,988 per annum,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5301">5 USC 5301</ref>.</p></sidenote> respectively, except in the case of the chief judge of each circuit and the chief judge of each district court having five or more district judges, in which case the aggregate salaries shall not exceed $71,093 and $44,957 per annum, respectively:</proviso> <proviso><i>Provided further</i>, That the chief judge of each circuit may appoint a senior law clerk to the court at not more than $30,000 per annum, without regard to the limitations referred to above</proviso>.</content> </appropriations> <appropriations level="small"> <heading>representation by court-appointed counsel and operation of defender organizations</heading> <content>For the operation of Federal Public Defender and Community Defender organizations, and the compensation and reimbursement of expenses of attorneys appointed to represent persons under the Criminal Justice Act of 1964 (18 U.S.C. 3006A, as amended by Public Law 91–447, October 14, 1970), $15,700,000.</content> </appropriations> <appropriations level="small"> <heading>fees of jurors</heading> <content>For fees, expenses, and costs of jurors; and compensation of jury commissioners; $18,500,000.</content> </appropriations> <appropriations level="small"> <heading>travel and miscellaneous expenses</heading> <content>For necessary travel and miscellaneous expenses, not otherwise provided for, incurred by the Judiciary, including the purchase of firearms and ammunition, $15,100,000.</content> </appropriations> <appropriations level="small"> <heading>administrative office of the united states courts</heading> <content>For necessary expenses of the Administrative Office of the United States Courts, including travel, advertising, and rent in the District of Columbia and elsewhere, $5,090,000: <i>Provided</i>, That not to exceed $100,000 of the appropriations contained in this title shall be available for the study of rules of practice and procedure.</content> </appropriations> <appropriations level="small"> <heading>salaries and expenses of united states magistrates</heading> <content>For compensation and expenses of United States Magistrates, including secretarial and clerical assistance, as authorized by 38 U.S.C. 634–635, $8,764,000.</content> </appropriations> <page identifier="/us/stat/88/1203">88 <inline class="smallCaps">Stat</inline>. 1203</page> <appropriations level="small"> <heading>salaries of referees</heading> <content>For salaries of referees as authorized by the Act of June 28, 1946, as amended (11 U.S.C. 68), not to exceed $6,990,000, to be derived from the Referees’ salary and expense fund established in pursuance of said Act, and, to the extent of any deficiency in said fund, from any monies in the Treasury not otherwise appropriated.</content> </appropriations> <appropriations level="small"> <heading>expenses of referees</heading> <content>For expenses of referees as authorized by the Act of June 28, 1946, as amended (11 U.S.C. 68, 102), not to exceed $14,000,000, to be derived from the Referees’ salary and expense fund established in pursuance of said Act, and, to the extent of any deficiency in said fund from any monies in the Treasury not otherwise appropriated: <proviso><i>Provided</i>, That $440,000 shall be transferred to the appropriation for “Administrative Office of the United States Courts” for general administrative expense of the bankruptcy system</proviso>.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Federal Judicial Center</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90–219, $2,400,000. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t28/s620">28 USC 620</ref>.</p></sidenote></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Space and Facilities, the Judiciary</heading> <appropriations level="small"> <heading>space and facilities</heading> <content>For the rental of space, tenant alterations, and related services for the United States Courts of Appeals and District Courts, the Court of Customs and Patent Appeals, the Customs Court, the Court of Claims, the Administrative Office of the United States Courts and the Federal Judicial Center, pursuant to the Public Buildings Amendments of 1972, Public Law 92–313, June 16, 1972 (86 Stat. 216), $66,100,000, to <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s603">40 USC 603 note</ref>.</p></sidenote> be available for transfer to the General Services Administration which shall be responsible for administering the program in compliance with standards or guidelines prescribed by the Director of the Administrative Office of the United States Courts under the supervision and direction of the Judicial Conference of the United States.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Expenses, United States Court Facilities</heading> <appropriations level="small"> <heading>furniture and furnishings</heading> <content>For necessary expenses, not otherwise provided for, to provide furniture and furnishings for the United States Courts, including the Administrative Office of the United States Courts and the Federal Judicial Center, $2,675,000, to be available for transfer to the General Services Administration which shall be responsible for administering the program in compliance with standards or guidelines prescribed by the Director of the Administrative Office of the United States Courts under the supervision and direction of the Judicial Conference of the United States.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>General Provisions—The Judiciary</heading> <section> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <content>The reports of the United States Court of Appeals for the <sidenote><p class="firstIndent1 fontsize8">D.C. Code 11–301 note.</p></sidenote> District of Columbia shall not be sold for a price exceeding that approved by the court and for not more than $9.00 per volume.</content> </section> <page identifier="/us/stat/88/1204">88 <inline class="smallCaps">Stat</inline>. 1204</page> <section> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num> <content> <p class="inline">None of the funds contained in this title shall be available for the salaries or expenses of deputy clerks in any office that has discontinued the taking of applications for passports subsequent to October 31, 1968, and has not resumed such service on a permanent basis.</p> <p class="indent0 firstIndent1 fontsize10">This title may be cited as the “Judiciary Appropriation Act, 1975”.<sidenote><p class="firstIndent1 fontsize8">Citation of title.</p></sidenote></p> </content> </section> </appropriations> <num value="V">TITLE V—</num> <heading class="inline">RELATED AGENCIES</heading> <appropriations level="intermediate"> <heading>Arms Control and Disarmament Agency</heading> <appropriations level="small"> <heading>arms control and disarmament activities</heading> <content>For necessary expenses, not otherwise provided for, for arms control and disarmament activities authorized by the Act of September 26, 1961, as amended (22 U.S.C. 2551 et seq.), $9,250,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Board for International Broadcasting</heading> <appropriations level="small"> <heading>grants and expenses</heading> <content>For expenses of the Board for International Broadcasting, including grants to Radio Free Europe and Radio Liberty, $49,800,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Commission on Civil Rights</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For expenses necessary for the Commission on Civil Rights, including hire of passenger motor vehicles, $6,850,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Commission on the Organization of the Government for the Conduct of Foreign Policy</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses of the Commission on the Organization of the Government for the Conduct of Foreign Policy, authorized by title VI of the Foreign Relations Authorization Act of 1972,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2821">22 USC 2821</ref>.</p></sidenote> $1,594,000, to remain available until July 30, 1975.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Equal Employment Opportunity Commission</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses of the Equal Employment Opportunity Commission established by title VII of the Civil Rights Act of 1964,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2000e">42 USC 2000e</ref>.</p></sidenote> including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $3,500,000 for payments to State and local agencies for services to the Commission pursuant to title VII of the Civil Rights Act, $53,597,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Federal Maritime Commission</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses of the Federal Maritime Commission, including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902; $7,300,000: <proviso><i>Provided</i>, That not to exceed $1,500 shall be available for official reception and representation expenses</proviso>.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/1205">88 <inline class="smallCaps">Stat</inline>. 1205</page> <appropriations level="intermediate"> <heading>Foreign Claims Settlement Commission</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For expenses necessary to carry on the activities of the Foreign Claims Settlement Commission, including services as authorized by 5 U.S.C. 3109; allowances and benefits similar to those provided by title IX of the Foreign Service Act of 1946, as amended, as determined by the Commission; expenses of packing, shipping, and storing personal effects of personnel assigned abroad; rental or lease, for such periods as may be necessary, of office space and living quarters for personnel assigned abroad; maintenance, improvement, and repair of properties rented or leased abroad, and furnishing fuel, water, and utilities for such properties; insurance on official motor vehicles abroad; advances of funds abroad; advances or reimbursements to other Government agencies for use of their facilities and services in carrying out the functions of the Commission; hire of motor vehicles for field use only; and employment of aliens; $1,240,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Marine Mammal Commission</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses of the Marine Mammal Commission to carry out the provisions of title II of the Act of October 21, 1972 (Public Law 92–522), establishing the Marine Mammal Commission, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s1401">16 USC 1401 <i>et seq.</i></ref></p></sidenote> $750,000: <proviso><i>Provided</i>, That, notwithstanding section 207 of Public Law 92–522, not to exceed $300,000 may be used for administrative expenses</proviso>.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>National Commission for the Review of Federal and State Laws Relating to Wiretapping and Electronic Surviellance</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses of the National Commission for the Review of Federal and State Laws Relating to Wiretapping and Electronic Surveillance, established by the Omnibus Crime Control and Safe Streets Act of 1968 (84 Stat. 224), $332,000, to remain available until <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3701">42 USC 3701 note</ref>.</p></sidenote> expended.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Small Business Administration</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses, not otherwise provided for, of the Small Business Administration, including hire of passenger motor vehicles, not to exceed $1,500 for official reception and representation expenses, and not to exceed $5,000,000 for expenses necessary to carry out the provisions of section 406 of the Economic Opportunity Act of 1964, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2906b">42 USC 2906b</ref>.</p></sidenote> amended, $26,500,000, and in addition there may be transferred to this appropriation not to exceed a total of $85,415,000 from the “Disaster loan fund”, the “Business loan and investment fund”, and the “Lease and surety bond guarantees revolving fund”, in such amounts as may be necessary for administrative expenses in connection with activities respectively financed under said funds: <proviso><i>Provided</i>, That 10 per centum of the amount authorized to be transferred from these revolving funds shall be apportioned for use, pursuant to section 3679 of the Revised Statutes, as amended, only in such amounts and at such times as may <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s665">31 USC 665</ref>.</p></sidenote><page identifier="/us/stat/88/1206">88 <inline class="smallCaps">Stat</inline>. 1206</page> be necessary to carry out the business and disaster loan, and lease and surety bond guarantee programs</proviso>.</content> </appropriations> </appropriations> <appropriations level="small"> <heading>disaster loan fund</heading> <subheading>business loan and investment fund</subheading> <subheading>lease and surety bond guarantees revolving fund</subheading> <content>The Small Business Administration is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the following funds, and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s849">31 USC 849</ref>.</p></sidenote> programs set forth in the budget for the current fiscal year for the “Disaster loan fund,” the “Business loan and investment fund,” and the “Lease and surety bond guarantees revolving fund.”</content> </appropriations> <appropriations level="small"> <heading>business loan and investment fund</heading> <content>For additional capital for the “Business loan and investment fund,” authorized by the Small Business Act, as amended, $327,500,000, to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s631">15 USC 631 note</ref>.</p></sidenote> remain available without fiscal year limitation.</content> </appropriations> <appropriations level="small"> <heading>disaster loan fund</heading> <content>For additional capital for the “Disaster loan fund,” authorized by the Small Business Act, as amended, $90,000,000, to remain available without fiscal year limitation.</content> </appropriations> <appropriations level="intermediate"> <heading>Special Representative for Trade Negotiations</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For expenses necessary for the Special Representative for Trade Negotiations, including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, $1,850,000: <proviso><i>Provided</i>, That none of the funds contained in this paragraph shall be made available for the collection and preparation of information which will not be available to Committees of Congress in the regular discharge of their duties</proviso>.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Tariff Commission</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses of the Tariff Commission, not to exceed $150,000 for expenses of travel, hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, $8,900,000: <proviso><i>Provided</i>, That no part of this appropriation shall be used to pay the salary of any member of the Tariff Commission who shall hereafter participate in any proceedings under sections 336, 337, and 338 of the Tariff Act of 1930, wherein he or any member of his family has any special, direct,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1336–1338">19 USC 1336–1338</ref>.</p></sidenote> and pecuniary interest, or in which he has acted as attorney or special representative:</proviso> <proviso><i>Provided further</i>, That no part of the foregoing appropriation shall be used for making any special study, investigation, or report at the request of any other agency of the executive branch of the Government unless reimbursement is made for the cost thereof</proviso>.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/1207">88 <inline class="smallCaps">Stat</inline>. 1207</page> <appropriations level="intermediate"> <heading>United States Information Agency</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For expenses necessary to enable the United States Information Agency, as authorized by Reorganization Plan No. 8 of 1953, the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s1461">22 USC 1461 note</ref>.</p></sidenote> Mutual Educational and Cultural Exchange Act (22 U.S.C. 2451 et seq.), and the United States Information and Educational Exchange Act, as amended (22 U.S.C. 1431 et seq.), to carry out international information activities, including employment, without regard to the civil service and classification laws, of persons on a temporary basis (not to exceed $20,000), and aliens within the United States; salaries, expenses, and allowances of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801–1158); entertainment within the United States not to exceed $500; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; advance of funds notwithstanding section 3648 of the Revised Statutes, as amended (31 U.S.C. 529); dues for library membership in organizations which issue publications to members only, or to members at a price lower than to others; purchase of uniforms for not to exceed thirteen guards; radio activities and acquisition and production of motion pictures and visual materials and purchase or rental of technical equipment and facilities therefor, narration, script-writing, translation, and engineering services, by contract or otherwise; and purchase of objects for presentation to foreign governments, schools, or organizations; $218,462,000: <proviso><i>Provided</i>, That not to exceed $150,000 may be used for representation abroad:</proviso> <proviso><i>Provided further</i>, That passenger motor vehicles used abroad exclusively for the purposes of this appropriation may be exchanged or sold pursuant to section 201(c) of the Act of June 30, 1949 (40 U.S.C. 481(c)), and the exchange allowances or proceeds of such sales shall be available for replacement of an equal number of such vehicles and the cost, including the exchange allowance of each such replacement, shall not exceed such amounts as may be otherwise provided by law:</proviso> <proviso><i>Provided further</i>, That, notwithstanding the provisions of section 3679 of the Revised <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s1461b">22 USC 1461b</ref>.</p></sidenote> Statutes, as amended (31 U.S.C. 665), the United States Information Agency is authorized, in making contracts for the use of international shortwave radio stations and facilities, to agree on behalf of the United States to indemnify the owners and operators of said radio stations and facilities from such funds as may be hereafter appropriated for the purpose against loss or damage on account of injury to persons or property arising from such use of said radio stations and facilities</proviso>.</content> </appropriations> <appropriations level="small"> <heading>salaries and expenses (special foreign currency program)</heading> <content>For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the United States Information Agency, as authorized by law, $8,377,000, to remain available until expended.</content> </appropriations> <appropriations level="small"> <heading>special international exhibitions</heading> <content>For expenses necessary to carry out the functions of the United States Information Agency under section 102(a)(3) of the Mutual Educational and Cultural "Exchange Act of 1961 (22 U.S.C. 2451 et seq.), $6,770,000, to remain available until expended: <proviso><i>Provided</i>, That <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2452">22 USC 2452</ref>.</p></sidenote> not to exceed a total of $6,500 may be expended for representation</proviso>.</content> </appropriations> <page identifier="/us/stat/88/1208">88 <inline class="smallCaps">Stat</inline>. 1208</page> <appropriations level="small"> <heading>acquisition and construction of radio facilities</heading> <content>For an additional amount for the purchase, rent, construction, and improvement of facilities for radio transmission and reception, purchase and installation of necessary equipment for radio transmission and reception, without regard to the provisions of the Act of June 30, 1932 (40 U.S.C. 278a), and acquisition of land and interests in land by purchase, lease, rental, or otherwise, $4,400,000, to remain available until expended: <proviso><i>Provided</i>, That this appropriation shall be available for acquisition of land outside the continental United States without regard to section 355 of the Revised Statutes (40 U.S.C. 255) and title to any land so acquired shall be approved by the Director of the United States Information Agency</proviso>.</content> </appropriations> </appropriations> <num value="VI">TITLE VI—</num> <heading class="inline">FEDERAL PRISON INDUSTRIES, INCORPORATED</heading> <section> <chapeau class="firstIndent1 fontsize10">The following corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to such corporation, and in accord with the law, and to make such contracts and commitments, without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s849">31 USC 849</ref>.</p></sidenote> as amended, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation, including purchase of not to exceed five (for replacement only) and hire of passenger motor vehicles, except as hereinafter provided:</chapeau> <appropriations level="small"> <heading>limitation on administrative and vocational training expenses, federal prison industries, incorporated</heading> <content>Not to exceed $1,804,000 of the funds of the corporation shall be available for its administrative expenses, and not to exceed $5,051,000 for the expenses of vocational training of prisoners, both amounts to be available for services as authorized by 5 U.S.C. 3109, and to be computed on an accrual basis and to be determined in accordance with the corporation’s prescribed accounting system in effect on July 1, 1946, and shall be exclusive of depreciation, payment of claims, expenditures which the said accounting system requires to be capitalized or charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, operation, maintenance, improvement, protection, or disposition of facilities and other property belonging to the corporation or in which it has an interest.</content> </appropriations> </section> <num value="VII">TITLE VII—</num> <heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="701"><inline class="smallCaps">Sec</inline>. 701. </num> <content class="inline">No part of any appropriation contained in this Act shall<sidenote><p class="firstIndent1 fontsize8">Publicity or propaganda.</p></sidenote> be used for publicity or propaganda purposes not authorized by the Congress.</content> </section> <section class="firstIndent1 fontsize10"> <num value="702"><inline class="smallCaps">Sec</inline>. 702. </num> <content class="inline">No part of any appropriation contained in this Act shall<sidenote><p class="firstIndent1 fontsize8">Foreign currency funded programs.</p></sidenote> be used to administer any program which is funded in whole or in part from foreign currencies or credits for which a specific dollar appropriation therefor has not been made.</content> </section> <section class="firstIndent1 fontsize10"> <num value="703"><inline class="smallCaps">Sec</inline>. 703. </num> <content class="inline">No part of any appropriation contained in this Act shall<sidenote><p class="firstIndent1 fontsize8">Fiscal year limitation.</p></sidenote> remain available for obligation beyond the current fiscal year unless expressly so provided herein.</content> </section> <page identifier="/us/stat/88/1209">88 <inline class="smallCaps">Stat</inline>. 1209</page> <section class="firstIndent1 fontsize10"> <num value="704"><inline class="smallCaps">Sec</inline>. 704. </num> <content class="inline">No part of the funds appropriated by this Act shall be <sidenote><p class="firstIndent1 fontsize8">Convicted rioters, payment prohibitions.</p></sidenote> used to pay the salary of any Federal employee who is finally convicted in any Federal, State, or local court of competent jurisdiction, of inciting, promoting, or carrying on a riot resulting in material damage to property or injury to persons, found to be in violation of Federal, State, or local laws designed to protect persons or property in the community concerned.</content> </section> <section class="firstIndent1 fontsize10"> <num value="705"><inline class="smallCaps">Sec</inline>. 705. </num> <content class="inline">No part of the funds appropriated under this Act shall be <sidenote><p class="firstIndent1 fontsize8">Funds to campus disrupters, prohibitions.</p></sidenote> used to provide a loan, guarantee of a loan, a grant, the salary of, or any remuneration whatever to any individual applying for admission, attending, employed by, teaching at or doing research at an institution of higher education who has engaged in conduct on or after August 1, 1969, which involves the use of (or the assistance to others in the use use of) force or the threat of force or the seizure of property under the control of an institution of higher education, to require or prevent the availability of certain curriculum, or to prevent the faculty, administrative officials or students in such institution from engaging in their duties or pursuing their studies at such institution.</content> </section> <section class="firstIndent1 fontsize10"> <num value="706"><inline class="smallCaps">Sec</inline>. 706. </num> <content> <p class="inline">No part of any appropriation contained in this Act shall <sidenote><p class="firstIndent1 fontsize8">Space and services, payment, limitation.</p></sidenote> be available for paying to the Administrator of the General Services Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended, for space and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s490">40 USC 490</ref>.</p></sidenote> services.</p> <p class="indent0 firstIndent1 fontsize10">This Act may be cited as the “Departments of State, Justice, and <sidenote><p class="firstIndent1 fontsize8">Short title.</p></sidenote> Commerce, the Judiciary, and Related Agencies Appropriation Act, 1975”.</p> </content> </section>
Approved October 5, 1974.
Public Law 93–434: To amend the Emergency Daylight Saving Time Energy Conservation Act of 1973 to exempt from its provisions the period from the last Sunday in October, 1974, through the last Sunday in February, 1975. Public Law 434 88 Stat. 1209 1974-10-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–434
An Act To amend the Emergency Daylight Saving Time Energy Conservation Act of 1973 to exempt from its provisions the period from the last Sunday in October, 1974, through the last Sunday in February, 1975.

October 5, 1974

[H. R. 16102]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 3 of

Emergency paylight Saving Time Energy Conservation Act of 1973, amendments.

15 USC 260a note.

 the Emergency Daylight Saving Time Energy Conservation Act of 1973 is amended— (1) by inserting immediately after “(15 U.S.C. 260a(a)),” in amendments. subsection (a) the following “and except as provided in subsection (e) of this section,”; and (2) by adding at the end thereof the following subsection: “(e) During the period commencing at 2 o’clock antemeridian on the last Sunday of October 1974, and ending at 2 o’clock antemeridian on the last Sunday of February 1975, the standard time of each zone established by the Act of March 19, 1918 (15 U.S.C. 261–264), as modified by the Act of March 4, 1921 (15 U.S.C. 265), shall be the standard time of each such zone pursuant to such Act of March 19, 1918, as so modified.”
Sec. 2. Section 4(a) of the Emergency Daylight Saving Time Energy Conservation Act of 1973 is amended by striking out “June 30, 1975” and inserting in lieu thereof “July 31, 1975”.
Approved October 5, 1974.
Public Law 93–435: To place certain submerged lands within the jurisdiction of the governments of Guam, the Virgin Islands, and American Samoa, and for other purposes. Public Law 435 88 Stat. 1210 1974-10-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 1210 Public Law 93–435
An Act To place certain submerged lands within the jurisdiction of the governments of Guam, the Virgin Islands, and American Samoa, and for other purposes.

October 5, 1974

[H. R. 11559]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.,
That (a) subject to

Guam, the Virgin Islands, and American Samoa.

Submerged lands, conveyance.

48 USC 1705.

 valid existing rights, all right, title, and interest of the United States in lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide and seaward to a line three geographical miles distant from the coastlines of the territories of Guam, the Virgin Islands, and American Samoa, as heretofore or hereafter modified by accretion, erosion, and reliction, and in artificially made, filled in, or reclaimed lands which were formerly permanently or periodically covered by tidal waters, are hereby conveyed to the governments of Guam, the Virgin Islands, and American Samoa, as the case may be, to be administered in trust for the benefit of the people thereof. (b) There are excepted from the transfer made by subsection (a) hereof—

Certain lands and mineral rights, retention by U.S.

 (i) all deposits of oil, gas, and other minerals, but the term “minerals” shall not include coral, sand, and gravel; (ii) all submerged lands adjacent to property owned by the United States above the line of mean high tide; (iii) all submerged lands adjacent to property above the line of mean high tide acquired by the United States by eminent domain proceedings, purchase, exchange, or gift, after the date of enactment of this Act, as required for completion of the Department of the Navy Land Acquisition Project relative to the construction of the Ammunition Pier authorized by the Military Construction Authorization Act, 1971 (84 Stat. 1204), as amended by section 201 of the Military Construction Act, 1978 (86 Stat. 1135) ; (iv) all submerged lands filled in, built up, or otherwise reclaimed by the United States, before the date of enactment of this Act, for its own use; (v) all tracts or parcels of submerged land containing on any part thereof any structures or improvements constructed by the United States; (vi) all submerged lands that have heretofore been determined by the President or the Congress to be of such scientific, scenic, or historic character as to warrant preservation and administration under the provisions of the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (16 U.S.C. 1 et seq.) ; (vii) all submerged lands designated by the President within one hundred and twenty days after the date of enactment of this Act; (viii) all submerged lands that are within the administrative responsibility of any agency or department of the United States other than the Department of the Interior; (ix) all submerged lands lawfully acquired by persons other than the United States through purchase, gift, exchange, or otherwise; (x) all submerged lands within the Virgin Islands National Park established by the Act of August 2, 1956 (16 U.S.C. 398 et seq.), including the lands described in the Act of October 5, 1962 (16 U.S.C. 398c–398d) ; and 88 Stat. 1211 (xi) all submerged lands within the Buck Island Reef National Monument as described in Presidential Proclamation 3448 dated December 28, 1961.

76 Stat. 1441.

16 USC 431 note.

 Upon request of the Governor of Guam, the Virgin Islands, or American Samoa, the Secretary of the Interior may, with or without reimbursement, and subject to the procedure specified in subsection (c) of this section convey all right, title, and interest of the United States in any of the lands described in clauses (ii), (iii), (iv), (v), (vi), (vii), or (viii) of this subsection to the government of Guam, the Virgin Islands, or American Samoa, as the case may be, with the concurrence of the agency having custody thereof. (c) No conveyance shall be made by the Secretary pursuant to this

Conveyances, explanatory statement, submittal to congressional committees.

 section until the expiration of sixty calendar days (excluding days on which the House of Representatives or the Senate is not in session because of an adjournment of more than three days to a day certain) from the date on which the Secretary of the Interior submits to the Committees on Interior and Insular Affairs of the House of Representatives and the Senate an explanatory statement indicating the tract proposed to be conveyed and the need therefor, unless prior to the expiration of such sixty calendar days both committees inform the Secretary that they wish to take no action with respect to the proposed conveyance.
Sec. 2. (a) Nothing in this Act shall affect the right of the President

Land and navigable waters, use.

48 USC 1706.

 to establish naval defensive sea areas and naval airspace reservations around and over the islands of Guam, American Samoa, and the Virgin Islands when deemed necessary for national defense. (b) Nothing in this Act shall affect the use, development, improvement, or control by or under the constitutional authority of the United States of the lands transferred by the first section of this Act, and the navigable waters overlying such lands, for the purposes of navigation or flood control or the production of power, or be construed as the release or relinquishment of any rights of the United States arising under the constitutional authority of Congress to regulate or improve navigation, or to provide for flood control or the production of power. (c) The United States retains all of its navigational servitude and rights in and powers of regulation and control of the lands conveyed by the first section of this Act, and the navigable waters overlying such lands, for the constitutional purposes of commerce, navigation, national defense, and international affairs, all of which shall be paramount to, but shall not be deemed to include, proprietary rights of ownership, or the rights of management, administration, leasing, use, and development of the lands and natural resources which are specifically conveyed to the government of Guam, the Virgin Islands, or American Samoa, as the case may be, by the first section of this Act. (d) Nothing in this Act shall affect the status of lands beyond the three-mile limit described in section 1 of this Act.
Sec. 3. Subsection (b) of section 31 of the Revised Organic Act of

Virgin Islands, public property.

 the Virgin Islands (48 U.S.C. 1545(b)) is amended to read as follows: “(b) All right, title, and interest of the United States in the property placed under the control of the government of the Virgin Islands by section 4(a) of the Organic Act of the Virgin Islands of the United States (48 U.S.C. 1405c(a)), not reserved to the United States by the Secretary of the Interior within one hundred and twenty days after the date of enactment of this subsection, is hereby conveyed to such government. The conveyance effected by the preceding sentence shall not apply to that land and other property which on the date of enactment of this subsection is administered by the Secretary of the Interior88 Stat. 1212 as part of the National Park System and such lands and other property shall be retained by the United States.”.
Sec. 4 On and after the date of enactment of this Act, all rents,

Rents, royalties and fees, payment to local government.

48 USC 1707.

 royalties, or fees from leases, permits, or use rights, issued prior to such date of enactment by the United States with respect to the land conveyed by this Act, or by the amendment made by this Act, and rights of action for damages for trespass occupancies of such lands shall accrue and belong to the appropriate local government under whose jurisdiction the land is located.
Sec. 5. The first section, and sections 2 and 3 of the Act entitled

Repeals.

 “An Act to authorize the Secretary of the Interior to convey certain submerged lands to the governments of Guam, the Virgin Islands, and American Samoa, and for other purposes”, approved November 20, 1963 (48 U.S.C. 1701–1703), are repealed.
Sec. 6. No person shall be denied access to, or any of the benefits

Nondiscrimination.

48 USC 1708.

 accruing from, the lands conveyed by this Act, or by the amendment made by this Act, on the basis of race, religion, creed, color, sex, national origin, or ancestry: Provided, however, That this section shall not be construed in derogation of any of the provisions of the April 17, 1900 cession of Tutuila and Aunuu or the July 16, 1904 cession of the Manu’s Islands, as ratified by the Act of February 20, 1929 (45 Stat. 1253) and the Act of May 22, 1929 (46 Stat. 4).

48 USC 1661.
Approved October 5, 1974.
Public Law 93–436: To extend the appropriation authorization for reporting of weather modification activities. Public Law 436 88 Stat. 1212 1974-10-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–436
An Act To extend the appropriation authorization for reporting of weather modification activities.

October 5, 1974

[S. 3320]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 6 of the

Weather modification reporting.

Appropriation, extension.

 Act entitled “An Act to provide for the reporting of weather modification activities to the Federal Government”, approved December 18, 1971 (15 U.S.C. 330e), is amended by striking out “ending June 30, 1973, and June 30, 1974,” and inserting in lieu thereof “1973, 1974, 1975, 1976, and 1977,”.
Approved October 5, 1974.
Public Law 93–437: Making appropriations for the Department of Defense for the fiscal year ending June 30, 1975, and for other purposes. Public Law 437 88 Stat. 1212 1974-10-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–437
An Act Making appropriations for the Department of Defense for the fiscal year ending June 30, 1975, and for other purposes.

October 8, 1974

[H. R. 16243]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following

Department of Defense Appropriation Act, 1975.

 sums are appropriated, out or any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1975, for military functions administered by the Department of Defense, and for other purposes, namely: 88 Stat. 1213 <num value="I">TITLE I</num> <heading class="inline">MILITARY PERSONNEL</heading> <appropriations level="intermediate"> <heading>Military Personnel, Army</heading> <content>For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members of reserve components provided for elsewhere); $7,780,263,000.</content> </appropriations> <appropriations level="intermediate"> <heading>Military Personnel, Navy</heading> <content>For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; $5,679,810,000.</content> </appropriations> <appropriations level="intermediate"> <heading>Military Personnel, Navy, 1969, 1971</heading> <section> <heading class="centered">(Liquidation of Deficiencies)</heading> <content>For an additional amount for “Military personnel, Navy” for fiscal year 1969, $7,976,000; and fiscal year 1971, $35,380,000; for liquidation of obligations incurred and chargeable to those accounts: <i>Provided</i>, That the fiscal years 1971 and 1973 Military personnel, Navy accounts shall be adjusted to reflect all payments authorized by Public Law 92–570 on behalf of the fiscal year 1971 account.</content> </section> </appropriations> <appropriations level="small"> <heading>Military Personnel, Marine Corps</heading> <content>For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere) ; $1,695,456,000.</content> </appropriations> <appropriations level="intermediate"> <heading>Military Personnel, Air Force</heading> <content>For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; $7,229,531,000.</content> </appropriations> <appropriations level="intermediate"> <heading>Reserve Personnel, Army</heading> <content>For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty<page identifier="/us/stat/88/1214">88 <inline class="smallCaps">Stat</inline>. 1214</page> under sections 265, 3019, and 3033 of title 10, United States Code, or while undergoing reserve training or while performing drills or equivalent duty, and for members of the Reserve Officers’ Training Corps, as authorized by law; $493,800,000.</content> </appropriations> <appropriations level="intermediate"> <heading>Reserve Personnel, Navy</heading> <content>For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Naval Reserve on active duty under section 265 of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Reserve Officers’ Training Corps, as authorized by law; $211,900,000.</content> </appropriations> <appropriations level="intermediate"> <heading>Reserve Personnel, Marine Corps</heading> <content>For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 265 of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, as authorized by law; $66,800,000.</content> </appropriations> <appropriations level="intermediate"> <heading>Reserve Personnel, Air Force</heading> <content>For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty under sections 265, 8019, and 8033 of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Air Reserve Officers’ Training Corps, as authorized by law; $147,865,000.</content> </appropriations> <appropriations level="intermediate"> <heading>National Guard Personnel, Army</heading> <content>For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard while on duty under sections 265, 3033, or 3496 of title 10 or section 708 of title 32, United States Code, or while undergoing training or while performing drills or equivalent duty, as authorized by law; $660,800,000.</content> </appropriations> <appropriations level="intermediate"> <heading>National Guard Personnel, Air Force</heading> <content>For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty under sections 265, 8033, or 8496 of title 10 or section 708 of title 32, United States Code, or while undergoing training or while performing drills or equivalent duty, as authorized by law; $204,527,000.</content> </appropriations> <num value="II">TITLE II</num> <heading class="inline">RETIRED MILITARY PERSONNEL</heading> <appropriations level="intermediate"> <heading>Retired Pay, Defense</heading> <content>For retired pay and retirement pay, as authorized by law, of military personnel on the retired lists of the Army, Navy, Marine Corps,<page identifier="/us/stat/88/1215">88 <inline class="smallCaps">Stat</inline>. 1215</page> and the Air Force, including the reserve components thereof, retainer pay for personnel of the Inactive Fleet Reserve, and payments under section 4 of Public Law 92–425 and chapter 73 of title 10, United <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s1448">10 USC 1448 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s1431">10 USC 1431</ref>.</p></sidenote> States Code; $6,040,600,000.</content> </appropriations> <num value="III">TITLE III</num> <heading class="inline">OPERATION AND MAINTENANCE</heading> <appropriations level="intermediate"> <heading>Operation and Maintenance, Army</heading> <content>For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law; and not to exceed $2,689,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Army, and payments may be made on his certificate of necessity for confidential military purposes; $6,137,532,000, of which not less than $355,000,000 shall be available only for the maintenance of real property facilities.</content> </appropriations> <appropriations level="intermediate"> <heading>Operation and Maintenance, Navy</heading> <content>For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law; and not to exceed $3,707,000 can be used for emergencies and extraordinary expenses, as authorized by section 7202 of title 10, United States Code, to be expended on the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential military purposes; $7,151,175,000, of which not less than $235,000,000 shall be available only for the maintenance of real property facilities: <proviso><i>Provided</i>, That of the total amount of this appropriation made available for the alteration, overhaul, and repair of naval vessels, not more than $1,130,000,000 shall be available for the performance of such work in Navy shipyards</proviso>.</content> </appropriations> <appropriations level="intermediate"> <heading>Operation and Maintenance, Marine Corps</heading> <content>For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law; $449,284,000, of which not less than $50,000,000 shall be available only for the maintenance of real property facilities.</content> </appropriations> <appropriations level="intermediate"> <heading>Operation and Maintenance, Air Force</heading> <content>For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law; and not to exceed $2,293,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Air Force, and payments may be made on his certificate of necessity for confidential military purposes; $7,062,030,000, of which not less than $350,000,000 shall be available only for the maintenance of real property facilities.</content> </appropriations> <page identifier="/us/stat/88/1216">88 <inline class="smallCaps">Stat</inline>. 1216</page> <appropriations level="intermediate"> <heading>Operation and Maintenance, Defense Agencies</heading> <content>For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency), as authorized by law; as follows: for the Secretary of Defense activities, $752,643,()0b, of which $489,000,000 shall be available only for the Civilian Health and Medical Program of the Uniformed Services, and $201,932,000 shall be available only for Overseas Dependents Education; for the organization of the Joint Chiefs of Staff, $10,924,000; for the Office of Information for the Armed Forces, $14,356,000; for the Defense Contract Audit Agency, $66,193,000; for the Defense Investigative Service, $25,401,000; for the Defense Mapping Agency, $170,801,000; for the Defense Nuclear Agency, $21,215,000; for the Defense Supply Agency, $761,453,000; and for Intelligence and communications activities, $527,173,000; in all: $2,350,159,000: <proviso><i>Provided</i>, That of the total amount of this appropriation, not to exceed $6,518,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes:</proviso> <proviso><i>Provided further</i>, That not less than $19,500,000 of the total amount of this appropriation shall be available only for the maintenance of real property facilities:</proviso> <proviso><i>Provided further</i>, That the Secretary of Defense may transfer up to 3 per centum of the amount of any subdivision of this appropriation to any other subdivision of this appropriation, but no subdivision may thereby be increased by more than 5 per centum and the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority</proviso>.</content> </appropriations> <appropriations level="intermediate"> <heading>Operation and Maintenance, Army Reserve</heading> <content>For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $276,600,000, of which not less than $18,000,000 shall be available only for the maintenance of real property facilities.</content> </appropriations> <appropriations level="intermediate"> <heading>Operation and Maintenance, Navy Reserve</heading> <content>For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $245,200,000, of which not less than $11,000,000 shall be available only for the maintenance of real property facilities.</content> </appropriations> <appropriations level="intermediate"> <heading>Operation and Maintenance, Marine Corps Reserve</heading> <content>For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $11,700,000, of which not less than $500,000 shall be available only for the maintenance of real property facilities.</content> </appropriations> <page identifier="/us/stat/88/1217">88 <inline class="smallCaps">Stat</inline>. 1217</page> <appropriations level="intermediate"> <heading>Operation and Maintenance, Air Force Reserve</heading> <content>For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Air Force Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $286,680,000, of which not less than $4,200,000 shall be available only for the maintenance of real property facilities.</content> </appropriations> <appropriations level="intermediate"> <heading>Operation and Maintenance, Army National Guard</heading> <content>For expenses of training, organizing, and administering the Army National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger motor vehicles; personnel services in the National Guard Bureau; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard regulations when specifically authorized by the Chief, National Guard Bureau; supplying and equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraft); $589,500,000, of which not less than $13,500,000 shall be available only for the maintenance of real property facilities.</content> </appropriations> <appropriations level="intermediate"> <heading>Operation and Maintenance, Air National Guard</heading> <content>For operation and maintenance of the Air National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, repair, and other necessary expenses of facilities for the training and administration of the Air National Guard, including repair of facilities, maintenance, operation, and modification of aircraft; transportation of things; hire of passenger motor vehicles; supplies, materials, and equipment, as authorized by law for the Air National Guard; and expenses incident to the maintenance and use of supplies, materials, and equipment, including such as may be furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, or Air National Guard commanders while inspecting units in compliance with National Guard regulations when specifically authorized by the Chief, National Guard Bureau; $642,500,000, of which not less than $5,000,000 shall be available only for the maintenance of real property facilities.</content> </appropriations> <appropriations level="intermediate"> <heading>National Board for the Promotion or Rifle Practice, Army</heading> <content>For the necessary expenses of construction, equipment, and maintenance of rifle ranges, the instruction of citizens in marksmanship, and promotion of rifle practice, in accordance with law, including travel of rifle teams, military personnel, and individuals attending regional, national, and international competitions, and not to exceed $10,000 for incidental expenses of the National Board; $178,000: <proviso><i>Provided</i>, That travel expenses of civilian members of the National <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s4308">10 USC 4308 note</ref>.</p></sidenote> Board shall be paid in accordance with the Standardized Government Travel Regulations, as amended</proviso>.</content> </appropriations> <page identifier="/us/stat/88/1218">88 <inline class="smallCaps">Stat</inline>. 1218</page> <appropriations level="intermediate"> <heading>Naval Petroleum Reserve</heading> <content>For expenses of exploration, prospecting, conservation, development, production, use and operation of the naval petroleum and oil shale reserves as authorized by law, $69,400,000, to remain available for obligation until June 30, 1976.</content> </appropriations> <appropriations level="intermediate"> <heading>Claims, Defense</heading> <content>For payment, not otherwise provided for, of claims authorized by law to be paid by the Department of Defense (except for civil functions), including claims for damages arising under training contracts with carriers, and repayment of amounts determined by the Secretary concerned, or officers designated by him, to have been erroneously collected from military and civilian personnel of the Department of Defense, or from States, territories, or the District of Columbia, or members of the National Guard units thereof; $54,600,000.</content> </appropriations> <appropriations level="intermediate"> <heading>Contingencies, Defense</heading> <content>For emergency and extraordinary expenses arising in the Department of Defense, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes; $2,500,000.</content> </appropriations> <appropriations level="intermediate"> <heading>Court of Military Appeals, Defense</heading> <content>For salaries and expenses necessary for the United States Court of Military Appeals; $1,065,000.</content> </appropriations> <num value="IV">TITLE IV</num> <heading class="inline">PROCUREMENT</heading> <appropriations level="intermediate"> <heading>Aircraft Procurement, Army</heading> <content>For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s255">40 USC 255</ref>.</p></sidenote> of equipment, appliances, and machine tools in public and private plants; and other expenses necessary for the foregoing purposes; $242,800,000, and in addition, $7,000,000, which shall be derived by transfer from “Aircraft Procurement, Army, 1974/1976”, to remain available for obligation until June 30, 1977.</content> </appropriations> <appropriations level="intermediate"> <heading>Missile Procurement, Army</heading> <content>For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section<page identifier="/us/stat/88/1219">88 <inline class="smallCaps">Stat</inline>. 1219</page> 355, Revised Statutes, as amended; and procurement and installation <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s255">40 USC 255</ref>.</p></sidenote> of equipment, appliances, and machine tools in public and private plants; and other expenses necessary for the foregoing purposes; $416,500,000, and in addition, $15,000,000, of which $10,000,000 shall be derived by transfer from “Missile Procurement, Army, 1974/1976” and $5,000,000 shall be derived by transfer from “Missile Procurement, Army, 1973/1975”, to remain available for obligation until June 30, 1977.</content> </appropriations> <appropriations level="intermediate"> <heading>Procurement of Weapons and Tracked Combat Vehicles, Army</heading> <content>For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment; training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; and other expenses necessary for the foregoing purposes; $344,800,000, and in addition, $3,000,000, which shall be derived by transfer from “Procurement of Weapons and Tracked Combat Vehicles, Army, 1974/1976”, to remain available for obligation until June 30, 1977.</content> </appropriations> <appropriations level="intermediate"> <heading>Procurement of Ammunition, Army</heading> <content>For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; and other expenses necessary for the foregoing purposes; $720,200,000, and in addition, $170,000,000, of which $111,400,000 shall be derived by transfer from “Procurement of Ammunition Army, 1973/1975” and $58,600,000 shall be derived by transfer from “Procurement of Ammunition, Army, 1974/1976”, to remain available for obligation until June 30, 1977.</content> </appropriations> <appropriations level="intermediate"> <heading>Other Procurement, Army</heading> <content>For construction, procurement, production, and modification of vehicles, including tactical, support, and nontracked combat vehicles; the purchase of not to exceed two thousand four hundred and sixty-nine passenger motor vehicles for replacement only; communications and electronic equipment; other support equipment; spare parts, ordnance and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; and other expenses necessary for the foregoing purposes; $681,100,000, and in addition.<page identifier="/us/stat/88/1220">88 <inline class="smallCaps">Stat</inline>. 1220</page> $3,000,000, which shall be derived by transfer from “Other Procurement, Army, 1974/1976”, to remain available for obligation until June 30, 1977.</content> </appropriations> <appropriations level="intermediate"> <heading>Aircraft Procurement, Navy</heading> <content>For construction, procurement, production, modification, and modernization of aircraft, equipment including ordnance, spare parts, and accessories therefor; specialized equipment, expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s255">40 USC 255</ref>.</p></sidenote> appliances, and machine tools in public or private plants; $2,775,400,000, to remain available for obligation until June 30, 1977.</content> </appropriations> <appropriations level="intermediate"> <heading>Weapons Procurement, Navy</heading> <content>For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, and related support equipment including spare parts, and accessories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public or private plants; $729,500,000, and in addition, $10,000,000, which shall be derived by transfer from “Weapons Procurement, Navy, 1974/1976”, to remain available for obligation until June 30, 1977.</content> </appropriations> <appropriations level="intermediate"> <heading>Shipbuilding and Conversion, Navy</heading> <content>For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and installation thereof in public and private plants; procurement of critical, long leadtime components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; as follows: for the Trident program, $1,166,800,000; for the SSN–688 nuclear attack submarine, $502,500,000; for the DLGN nuclear powered guided missile frigate program, $244,300,000, which shall be available only for construction of DLGN 41 and for advance procurement funding for DLGN 42, both ships to be constructed as follow ships of the DLGN 38 class; for the DD-963 program, $457,100,000; for the patrol hydrofoil missile program, $92,300,000; for the patrol frigate program, $186,000,000; for a destroyer tender, $116,700,000; for a fleet ocean tug, $10,800,000; for the Poseidon conversion of fleet ballistic-missile submarines, $104,600,000; for conversion of a submarine tender, $18,300,000; for craft, $22,000,000; for pollution abatement craft, $10,400,000; for outfitting material, $24,900,000; for post delivery, $30,400,000; and for escalation on prior year programs, $71,900,000; in all: $3,059,000,000, and in addition $70,000,000 for escalation and cost growth on prior year programs which shall be derived by transfer from “Shipbuilding and Conversion, Navy 1973/1977”. to remain available for obligation until June 3, 1979: <proviso><i>Provided</i> That none of the funds herein provided for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign ship-<page identifier="/us/stat/88/1221">88 <inline class="smallCaps">Stat</inline>. 1221</page>yards for the construction of major components of the hull or superstructure of such vessel:</proviso> <proviso><i>Provided further</i>, That none of the funds herein provided shall be used for the construction of any naval vessel in foreign shipyards</proviso>.</content> </appropriations> <appropriations level="intermediate"> <heading>Other Procurement, Navy</heading> <content>For procurement, production, and modernization of support equipment and materials not otherwise provided for, Navy ordnance and ammunition (except ordnance for new aircraft, new ships, and ships authorized for conversion), purchase of not to exceed seven hundred and twenty-four passenger motor vehicles, for replacement only, expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s255">40 USC 255</ref>.</p></sidenote> installation of equipment, appliances, and machine tools in public or private plants; $1,582,600,000, and in addition, $20,800,000, of which $10,200,000 shall be derived by transfer from “Other Procurement, Navy, 1973/1975” and $10,600,000 shall be derived by transfer from “Other Procurement, Navy, 1974/1976”, to remain available for obligation until June 30, 1977.</content> </appropriations> <appropriations level="intermediate"> <heading>Procurement, Marine Corps</heading> <content>For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, military equipment, spare parts, and accessories therefor; plant equipment, appliances, and machine tools, and installation thereof in public or private plants; and vehicles for the Marine Corps, including purchase of not to exceed fifty-five passenger motor vehicles, for replacement only; $207,800,000, and in addition, $10,000,000, of which $5,000,000 shall be derived by transfer from “Procurement, Marine Corps, 1973/1975” and $5,000,000 shall be derived by transfer from “Procurement, Marine Corps, 1974/1976”, to remain available for obligation until June 30, 1977.</content> </appropriations> <appropriations level="intermediate"> <heading>Aircraft Procurement, Air Force</heading> <content>For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and equipment layaway; and other expenses necessary for the foregoing purposes, including rents and transportation of things; $3,062,800,000, and in addition, $153,600,000, of which $106,800,000 shall be derived by transfer from "Aircraft Procurement, Air Force 1974/1976" and $46,800,000 shall be derived by transfer from “Aircraft Procurement, Air Force, 1973/1975”, to remain available for obligation until June 30, 1977.</content> </appropriations> <appropriations level="intermediate"> <heading>Missile Procurement, Air Force</heading> <content>For construction, procurement, and modification of missiles, rockets, and related equipment, including spare parts and accessories therefor,<page identifier="/us/stat/88/1222">88 <inline class="smallCaps">Stat</inline>. 1222</page> ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s255">40 USC 255</ref>.</p></sidenote> plant and equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; $1,533,700,000, and in addition, $5,000,000, which shall be derived by transfer from “Missile Procurement, Air Force, 1974/1976”, to remain available for obligation until June 30, 1977.</content> </appropriations> <appropriations level="intermediate"> <heading>Other Procurement, Air Force</heading> <content>For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed one thousand three hundred and thirty-eight passenger motor vehicles for replacement only; and expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; $1,776,500,000, and in addition, $12,600,000, of which $500,000 shall be derived by transfer from “Other Procurement, Air Force, 1973/1975” and $12,100,000 shall be derived by transfer from “Other Procurement, Air Force, 1974/1976”, to remain available for obligation until June 30, 1977.</content> </appropriations> <appropriations level="intermediate"> <heading>Procurement, Defense Agencies</heading> <content>For expenses of activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; purchase of three hundred and eighty-six passenger motor vehicles for replacement only; expansion of public and private plants, equipment and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; $98,416,000, to remain available for obligation until June 30, 1977.</content> </appropriations> <num value="V">TITLE V</num> <heading class="inline">RESEARCH, DEVELOPMENT, TEST, AND EVALUATION</heading> <appropriations level="intermediate"> <heading>Research, Development, Test, and Evaluation, Army</heading> <content>For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $1,779,339,000, to remain available for obligation until June 30, 1976.</content> </appropriations> <page identifier="/us/stat/88/1223">88 <inline class="smallCaps">Stat</inline>. 1223</page> <appropriations level="intermediate"> <heading>Research, Development, Test, and Evaluation, Navy</heading> <content>For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $3,006,914,000, to remain available for obligation until June 30, 1976.</content> </appropriations> <appropriations level="intermediate"> <heading>RESEARCH, Development, Test, and Evaluation, Air Force</heading> <content>For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $3,274,360,000, to remain available for obligation until June 30, 1976.</content> </appropriations> <appropriations level="intermediate"> <heading>Research, Development, Test, and Evaluation, Defense Agencies</heading> <content>For expenses of activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency), necessary for basic and applied scientific research, development, test, and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $491,057,000, to remain available for obligation until June 30, 1976: <proviso><i>Provided</i>, That such amounts as may be determined by the Secretary of Defense to have been made available in other appropriations available to the Department of Defense during the current fiscal year for programs related to advanced research may be transferred to and merged with this appropriation to be available for the same purposes and time period:</proviso> <proviso><i>Provided further</i>, That such amounts of this appropriation as may be <sidenote><p class="firstIndent1 fontsize8">Transfer of funds.</p></sidenote> determined by the Secretary of Defense may be transferred to carry out the purposes of advanced research to those appropriations for military functions under the Department of Defense which are being utilized for related programs, to be merged with and to be available for the same time period as the appropriation to which transferred</proviso>.</content> </appropriations> <appropriations level="intermediate"> <heading>Director of Test and Evaluation, Defense</heading> <content>For expenses, not otherwise provided for, of independent activities of the Director of Defense Test and Evaluation in the direction and supervision of test and evaluation, including initial operational testing and evaluation; and performance of joint testing and evaluation; and administrative expenses in connection therewith, $25,000,000, to remain available for obligation until June 30, 1976.</content> </appropriations> <num value="VI">TITLE VI</num> <heading class="inline">SPECIAL FOREIGN CURRENCY PROGRAM</heading> <section> <content class="indent0 firstIndent1 fontsize10">For payment in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States for expenses of carrying out programs of the Department of Defense, as authorized by law, $2,900,000, to remain available for obligation until June 30, 1976: <proviso><i>Provided</i>, That this appropriation shall be available, in addition to other appropriations to such Department, for payments in the foregoing currencies</proviso>.</content> </section> <page identifier="/us/stat/88/1224">88 <inline class="smallCaps">Stat</inline>. 1224</page> <num value="VII">TITLE VII</num> <heading class="inline">MILITARY ASSISTANCE, SOUTH VIETNAMESE FORCES</heading> <section> <content class="indent0 firstIndent1 fontsize10">For necessary expenses to support South Vietnamese military forces, to be obligated only by the issuance of orders by the Secretary of Defense for such support, $700,000,000 : <proviso><i>Provided</i>, That this appropriation shall be deemed obligated at the time the Secretary of Defense issues orders authorizing support of any kind for South Vietnamese military forces, which obligations shall in the case of non-excess materials and supplies to be furnished from the inventory of the Department of Defense be equal to the replacement costs thereof at the time such obligation is incurred and in the case of excess materials and supplies be equal at the actual value thereof at the time such obligation is incurred:</proviso> <proviso><i>Provided further</i>, That none of the funds appropriated in this title shall be used for compensation or allowances of more than 2,850 citizens of the United States in South Viet Nam who are members of the Armed Services or employees of or under contract to the Armed Services or the Department of Defense or any departments or agencies thereof</proviso>.</content> </section> <num value="VIII">TITLE VIII</num> <heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="801"><inline class="smallCaps">Sec</inline>. 801. </num> <content>No part of any appropriation contained in this Act shall<sidenote><p class="firstIndent1 fontsize8">Publicly or propaganda.</p></sidenote> be used for publicity or propaganda purposes not authorized by the Congress.</content> </section> <section class="firstIndent1 fontsize10"> <num value="802"><inline class="smallCaps">Sec</inline>. 802. </num> <content>During the current fiscal year, the Secretary of Defense<sidenote><p class="firstIndent1 fontsize8">Experts or consultants.</p></sidenote> Secretaries of the Army, Navy, and Air Force, respectively, if they should deem it advantageous to the national defense, and if in their opinions the existing facilities of the Department of Defense are inadequate, are authorized to procure services in accordance with section 3109 of title 5, United States Code, under regulations prescribed by the Secretary of Defense, and to pay in connection therewith travel expenses of individuals, including actual transportation and per diem in lieu of subsistence while traveling from their homes or places of business to official duty station and return as may be authorized by law: <proviso><i>Provided</i>, That such contracts may be renewed annually</proviso>.</content> </section> <section class="firstIndent1 fontsize10"> <num value="803"><inline class="smallCaps">Sec</inline>. 803. </num> <content>During the current fiscal year, provisions of law prohibiting <sidenote><p class="firstIndent1 fontsize8">Employment of noncitizens.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s700">31 USC 700</ref>.</p></sidenote> the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense.</content> </section> <section class="firstIndent1 fontsize10"> <num value="804"><inline class="smallCaps">Sec</inline>. 804. </num> <content>Appropriations contained in this Act shall be available for<sidenote><p class="firstIndent1 fontsize8">Appropriations availability.</p></sidenote> insurance of official motor vehicles in foreign countries, when required by laws of such countries; payments in advance of expenses determined by the investigating officer to be necessary and in accord with local custom for conducting investigations in foreign countries incident to matters relating to the activities of the department concerned; reimbursement of General Services Administration for security guard services for protection of confidential files; reimbursement of the Federal Bureau of Investigation for expenses in connection with investigation of defense contractor personnel; and all necessary expenses, at the seat of government of the United States of America or elsewhere, in connection with communication and other services and supplies as may be necessary to carry out the purposes of this Act.</content> </section> <section class="firstIndent1 fontsize10"> <num value="805"><inline class="smallCaps">Sec</inline>. 805. </num> <content>Any appropriation available to the Army, Navy, or the<sidenote><p class="firstIndent1 fontsize8">Prisoners of war.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s649a">31 USC 649a</ref>.</p></sidenote> Air Force may, under such regulations as the Secretary concerned may prescribe, be used for expenses incident to the maintenance, pay, and<page identifier="/us/stat/88/1225">88 <inline class="smallCaps">Stat</inline>. 1225</page> allowances of prisoners of war, other persons in Army, Navy, or Air Force custody whose status is determined by the Secretary concerned to be similar to prisoners of war, and persons detained in such custody pursuant to Presidential proclamation.</content> </section> <section class="firstIndent1 fontsize10"> <num value="806"><inline class="smallCaps">Sec</inline>. 806. </num> <content>Appropriations available to the Department of Defense for <sidenote><p class="firstIndent1 fontsize8">Land acquisition.</p></sidenote> the current fiscal year for maintenance or construction shall be available for acquisition of land or interest therein as authorized by section 2672 or 2675 of title 10, United States Code.</content> </section> <section class="firstIndent1 fontsize10"> <num value="807"><inline class="smallCaps">Sec</inline>. 807. </num> <content>Appropriations for the Department of Defense for the <sidenote><p class="firstIndent1 fontsize8">Dependents’ schooling.</p></sidenote> current fiscal year shall be available, (a) except as authorized by the Act of September 30, 1950 (20 U.S.C. 236–244), for primary and secondary schooling for minor dependents of military and civilian personnel of the Department of Defense residing on military or naval installations or stationed in foreign countries, as authorized for the Navy by section 7204 of title 10, United States Code, in an amount not exceeding $202,343,000, when the Secretary of the Department concerned finds that schools, if any, available in the locality, are unable to provide adequately for the education of such dependents: <proviso><i>Provided</i>, That under such regulations as may be issued by the Secretary of Defense, such schooling in a school operated by the Department of Defense under this section may be provided without tuition for minor dependents of civilian and military personnel of the Department of Defense who died while entitled to compensation or active duty pay:</proviso> <proviso><i>Provided further</i>, That where such personnel die subsequent to January 11, 1971, such schooling must be continued or commenced within one year after the date of death; (b) for expenses in connection with administration of occupied areas; (c) for payment of rewards as authorized for the Navy by section 7209(a) of title 10, United States Code, for information leading to the discovery of missing<sidenote><p class="firstIndent1 fontsize8">Deficiency judgements.</p></sidenote> naval property or the recovery thereof; (d) for payment of deficiency judgments and interests thereon arising out of condemnation proceedings; (e) for leasing of buildings and facilities including payment <sidenote><p class="firstIndent1 fontsize8">Leasing.</p></sidenote> of rentals for special purpose space at the seat of government, and in the conduct of field exercises and maneuvers or, in administering the provisions of title 43, United States Code, section 315q, rentals may be paid in advance; (f) payments under contracts for maintenance of tools and facilities for twelve months beginning at any time during the fiscal year; (g) maintenance of defense access roads <sidenote><p class="firstIndent1 fontsize8">Access roads.</p></sidenote> certified as important to national defense in accordance with section 210 of title 23, United States Code; (h) for the purchase of milk for <sidenote><p class="firstIndent1 fontsize8">Milk program.</p></sidenote> enlisted personnel of the Department of Defense heretofore made available pursuant to section 1446a, title 7, United States Code, and the cost of milk so purchased, as determined by the Secretary of Defense, shall be included in the value of the commuted ration; (i) transporting civilian clothing to the home of record of selective service inductees and recruits on entering the military services; (j) payments under leases for real or personal property for twelve months beginning at any time during the fiscal year; and (k) pay and allowances of not to exceed nine persons, including personnel detailed to International Military Headquarters and Organizations, at rates provided for under section 625(d) (1) of the Foreign Assistance Act of 1961, as amended</proviso>. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2385">22 USC 2385</ref>.</p><p class="firstIndent1 fontsize8">Incidental expenses, payment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s858">10 USC 858 note</ref>.</p></sidenote></content> </section> <section class="firstIndent1 fontsize10"> <num value="808"><inline class="smallCaps">Sec</inline>. 808. </num> <content>Appropriations for the Department of Defense for the current fiscal year shall be available for: (a) donations of not to exceed $25 to each prisoner upon each release from confinement in military or contract prison and to each person discharged for fraudulent enlistment; (b) authorized issues of articles to prisoners, applicants for enlistment and persons in military custody; (c) subsistence of selective service registrants called for induction, applicants for enlistment, prisoners, civilian employees as authorized by law, and<page identifier="/us/stat/88/1226">88 <inline class="smallCaps">Stat</inline>. 1226</page> supernumeraries when necessitated by emergent military circumstances; (d) reimbursement for subsistence of enlisted personnel while sick in hospitals; (e) expenses of prisoners confined in nonmilitary facilities; (f) military courts, boards, and commissions; (g) utility services for buildings erected at private cost, as authorized by law, and buildings on military reservations authorized by regulations to be used for welfare and recreational purposes; (h) exchange fees, and losses in the accounts of disbursing officers or agents in accordance with law; (i) expenses of Latin American cooperation as authorized for the Navy by law (10 U.S.C. 7208) ; and (j) expenses of apprehension <sidenote><p class="firstIndent1 fontsize8">10 USC 807 note.</p></sidenote> and delivery of deserters, prisoners, and members absent without leave, including payment of rewards of not to exceed $25 in any one case.</content> </section> <section class="firstIndent1 fontsize10"> <num value="809"><inline class="smallCaps">Sec</inline>. 809. </num> <content>Insofar as practicable, the Secretary of Defense shall<sidenote><p class="firstIndent1 fontsize8">Small business assistance.</p></sidenote> assist American small business to participate equitably in the furnishing of commodities and services financed with funds appropriated under this Act by making available or causing to be made available to suppliers in the United States, and particularly to small independent enterprises, information, as far in advance as possible, with respect to purchases proposed to be financed with funds appropriated under this Act, and by making available or causing to be made available to purchasing and contracting agencies of the Department of Defense information as to commodities and services produced and furnished by small independent enterprises in the United States, and by otherwise helping to give small business an opportunity to participate in the furnishing of commodities and services financed with funds appropriated by this Act.</content> </section> <section class="firstIndent1 fontsize10"> <num value="810"><inline class="smallCaps">Sec</inline>. 810. </num> <content>No appropriation contained in this Act shall be available<sidenote><p class="firstIndent1 fontsize8">Mess operations.</p></sidenote> for expenses of operation of messes (other than organized messes the operating expenses of which are financed principally from nonappropriated funds) at which meals are sold to officers or civilians, except under regulations approved by the Secretary of Defense, which shall (except under unusual or extraordinary circumstances) establish rates for such meals sufficient to provide reimbursements of operating expenses and food costs to the appropriations concerned: <proviso><i>Provided</i>, That officers and civilians in a travel status receiving a per diem allowance in lieu of subsistence shall be charged at the rate of not less than $2.50 per day:</proviso> <proviso><i>Provided further</i>, That for the purposes of this section payments for meals at the rates established hereunder may be made in cash or by deduction from the pay of civilian employees:</proviso> <proviso><i>Provided further</i>, That members of organized nonprofit youth groups sponsored at either the national or local level, when extended the privilege of visiting a military installation and permitted to eat in the general mess by the commanding officer of the installation, shall pay the commuted ration cost of such meal or meals</proviso>.</content> </section> <section class="firstIndent1 fontsize10"> <num value="811"><inline class="smallCaps">Sec</inline>. 811. </num> <content>No part of any appropriation contained in this Act shall<sidenote><p class="firstIndent1 fontsize8">Fiscal year limitation.</p></sidenote> remain available for obligation beyond the current fiscal year unless Reimbursable expressly so provided herein.</content> </section> <section class="firstIndent1 fontsize10"> <num value="812"><inline class="smallCaps">Sec</inline>. 812. </num> <content>Appropriations of the Department of Defense available<sidenote><p class="firstIndent1 fontsize8">Reimbursable appropriations.</p></sidenote> for operation and maintenance may be reimbursed during the current fiscal year for all expenses involved in the preparation for disposal and for the disposal of military supplies, equipment, and materiel, and for all expenses of production of lumber or timber products pursuant to section 2665 of title 10, United States Code, from amounts received as proceeds from the sale of any such property: <proviso><i>Provided</i>, That a report of receipts and disbursements under this limitation shall<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s100a">50 USC 100a</ref>.</p></sidenote> be made quarterly to Congress:</proviso> <proviso><i>Provided further</i>, That no funds available to agencies of the Department of Defense shall be used for the<page identifier="/us/stat/88/1227">88 <inline class="smallCaps">Stat</inline>. 1227</page> operation, acquisition, or construction of new facilities or equipment for new facilities in the continental limits of the United States for metal scrap baling or shearing or for melting or sweating aluminum scrap unless the Secretary of Defense or an Assistant Secretary of Defense designated by him determines, with respect to each facility involved, that the operation of such facility is in the national interest</proviso>.</content> </section> <section class="firstIndent1 fontsize10"> <num value="813"><inline class="smallCaps">Sec</inline>. 813. </num> <subsection class="inline"> <num value="a">(a) </num> <content>During the current fiscal year, the President may <sidenote><p class="firstIndent1 fontsize8">Funds, apportionment exemption.</p></sidenote> exempt appropriations, funds, and contract authorizations, available for military functions under the Department of Defense, from the provisions of subsection (c) of section 3679 of the Revised Statutes, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s665">31 USC 665</ref>.</p></sidenote> amended, whenever he deems such action to be necessary in the interest of national defense.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Upon determination by the President that such action is necessary, <sidenote><p class="firstIndent1 fontsize8">Airborne alert expenses.</p></sidenote> the Secretary of Defense is authorized to provide for the cost of an airborne alert as an excepted expense in accordance with the provisions of Revised Statutes 3732 (41 U.S.C. 11).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Upon determination by the President that it is necessary to <sidenote><p class="firstIndent1 fontsize8">Military personnel increases, expenses.</p></sidenote> increase the number of military personnel on active duty subject to existing laws beyond the number for which funds are provided in this Act, the Secretary of Defense is authorized to provide for the cost of such increased military personnel, as an excepted expense in accordance with the provisions of Revised Statutes 3732 (41 U.S.C. 11).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content>The Secretary of Defense shall immediately advise Congress of <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> the exercise of any authority granted in this section, and shall report monthly on the estimated obligations incurred pursuant to subsections (b) and (c).</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="814"><inline class="smallCaps">Sec</inline>. 814. </num> <content>No appropriation contained in this Act shall be available <sidenote><p class="firstIndent1 fontsize8">Commissary stores.</p></sidenote> in connection with the operation of commissary stores of the agencies of the Department of Defense for the cost of purchase (including commercial transportation in the United States to the place of sale but excluding all transportation outside the United States) and maintenance of operating equipment and supplies, and for the actual or estimated cost of utilities as may be furnished by the Government and of shrinkage, spoilage, and pilferage of merchandise under the control of such commissary stores, except as authorized under regulations promulgated by the Secretaries of the military departments concerned with the approval of the Secretary of Defense, which regulations shall provide for reimbursement therefor to the appropriations concerned and, notwithstanding any other provision of law, shall provide for the adjustment of the sales prices in such commissary stores to the extent necessary to furnish sufficient gross revenue from sales of commissary stores to make such reimbursement: <proviso><i>Provided</i>, <sidenote><p class="firstIndent1 fontsize8">Free utilities outside U.S. and in Alaska.</p></sidenote> That under such regulations as may be issued pursuant to this section all utilities may be furnished without cost to the commissary stores outside the continental United States and in Alaska:</proviso> <proviso><i>Provided further</i>, That no appropriation contained in this Act shall be available in connection with the operation of commissary stores within the continental United States unless the Secretary of Defense has certified that items normally procured from commissary stores are not otherwise available at a reasonable distance and a reasonable price in satisfactory quality and quantity to the military and civilian employees of the Department of Defense</proviso>.</content> </section> <section class="firstIndent1 fontsize10"> <num value="815"><inline class="smallCaps">Sec</inline>. 815. </num> <content>No part of the appropriations in this Act shall be available <sidenote><p class="firstIndent1 fontsize8">Proficiency flying.</p></sidenote> for any expense of operating aircraft under the jurisdiction of the armed forces for the purpose of proficiency flying, as defined in Department of Defense Directive 1340.4, except in accordance with<page identifier="/us/stat/88/1228">88 <inline class="smallCaps">Stat</inline>. 1228</page> regulations prescribed by the Secretary of Defense. Such regulations (1) may not require such flying except that required to maintain proficiency in anticipation of a member’s assignment to combat operations and (2) such flying may not be permitted in cases of members who have been assigned to a course of instruction of ninety days or more.</content> </section> <section class="firstIndent1 fontsize10"> <num value="816"><inline class="smallCaps">Sec</inline>. 816. </num> <content>No part of any appropriation contained in this Act shall <sidenote><p class="firstIndent1 fontsize8">Household goods.</p></sidenote> be available for expense of transportation, packing, crating, temporary storage, drayage, and unpacking of household goods and personal effects in any one shipment having a net weight in excess of thirteen thousand five hundred pounds.</content> </section> <section class="firstIndent1 fontsize10"> <num value="817"><inline class="smallCaps">Sec</inline>. 817. </num> <content>Vessels under the jurisdiction of the Department of Commerce,<sidenote><p class="firstIndent1 fontsize8">Vessels, transfer.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s483a">40 USC 483a</ref>.</p></sidenote> the Department of the Army, Department of the Air Force, or the Department of the Navy may be transferred or otherwise made available without reimbursement to any such agencies upon the request of the head of one agency and the approval of the agency having jurisdiction of the vessels concerned.</content> </section> <section class="firstIndent1 fontsize10"> <num value="818"><inline class="smallCaps">Sec</inline>. 818. </num> <content>Not more than 20 per centum of the appropriations in this<sidenote><p class="firstIndent1 fontsize8">Obligated funds, 1975, limitation.</p></sidenote> Act which are limited for obligation during the current fiscal year shall be obligated during the last two months of the fiscal year: <proviso><i>Provided</i>, That this section shall not apply to obligations for support of active duty training of civilian components or summer-camp training of the Reserve Officers’ Training Corps</proviso>.</content> </section> <section class="firstIndent1 fontsize10"> <num value="819"><inline class="smallCaps">Sec</inline>. 819. </num> <content> <p class="inline">During the current fiscal year the agencies of the Department<sidenote><p class="firstIndent1 fontsize8">Foreign real property, use.</p></sidenote> of Defense may accept the use of real property from foreign countries for the United States in accordance with mutual defense agreements or occupational arrangements and may accept services furnished by foreign countries as reciprocal international courtesies or as services customarily made available without charge; and such agencies may use the same for the support of the United States forces in such areas without specific appropriation therefor.</p> <p class="indent0 firstIndent1 fontsize10">In addition to the foregoing, agencies of the Department of Defense<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s700a">31 USC 700a</ref>.</p></sidenote> may accept real property, services, and commodities from foreign countries for the use of the United States in accordance with mutual defense agreements or occupational arrangements and such agencies may use the same for the support of the United States forces in such areas, without specific appropriations therefor: <proviso><i>Provided</i>, That the foregoing authority shall not be available for the conversion of heating plants from coal to oil at defense facilities in Europe:</proviso> <proviso><i>Provided further</i>, That within thirty days after the end of each quarter the<sidenote><p class="firstIndent1 fontsize8">Report to Congress and Office of Management and Budget.</p></sidenote> Secretary of Defense shall render to Congress and to the Office of Management and Budget a full report of such property, supplies, and commodities received during such quarter</proviso>.</p> </content> </section> <section class="firstIndent1 fontsize10"> <num value="820"><inline class="smallCaps">Sec</inline>. 820. </num> <content>During the current fiscal year, appropriations available<sidenote><p class="firstIndent1 fontsize8">Research and development funds.</p></sidenote> to the Department of Defense for research and development may be used for the purposes of section 2353 of title 10, United States Code, and for purposes related to research and development for which expenditures are specifically authorized in other appropriations of the service concerned.</content> </section> <section class="firstIndent1 fontsize10"> <num value="821"><inline class="smallCaps">Sec</inline>. 821. </num> <content>No appropriation contained in this Act shall be available <sidenote><p class="firstIndent1 fontsize8">Education expenses, restriction.</p></sidenote> for the payment of more than 75 per centum of charges of educational institutions for tuition or expenses of off-duty training of military personnel, nor for the payment of any part of tuition or expenses for such training for commissioned personnel who do not agree to remain on active duty for two years after completion of such training.</content> </section> <section class="firstIndent1 fontsize10"> <num value="822"><inline class="smallCaps">Sec</inline>. 822. </num> <content>No part of the funds appropriated herein shall be expended<sidenote><p class="firstIndent1 fontsize8">ROTC, loyalty requirements.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s2103">10 USC 2103 note</ref>.</p></sidenote> for the support of any formally enrolled student in basic courses of the<page identifier="/us/stat/88/1229">88 <inline class="smallCaps">Stat</inline>. 1229</page> senior division, Reserve Officers’ Training Corps, who has not executed a certificate of loyalty or loyalty oath in such form as shall be prescribed by the Secretary of Defense.</content> </section> <section class="firstIndent1 fontsize10"> <num value="823"><inline class="smallCaps">Sec</inline>. 823. </num> <content>No part of any appropriation contained in this Act shall <sidenote><p class="firstIndent1 fontsize8">Procurement restrictions.</p></sidenote> be available for the procurement of any article of food, clothing, cotton, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles), or specialty metals not grown, reprocessed, reused, or produced in the United States or its possessions, except to the extent that the Secretary of the Department concerned shall determine that a satisfactory quality and sufficient quantity of any articles of food or clothing or any form of cotton, woven silk and woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, wool, or specialty metals grown, reprocessed, reused, or produced in the United States or its possessions cannot be procured as and when needed at United States market prices and except procurements outside the United States in support of combat operations, procurements by vessels in foreign waters, and emergency procurements or procurements of perishable foods by establishments located outside the United States for the personnel attached thereto: <proviso><i>Provided</i>, That nothing herein shall preclude the procurement of foods manufactured or processed in the United States or its possessions:</proviso> <proviso><i>Provided further</i>, That no funds herein appropriated shall be used for the payment of a price differential on contracts hereafter made for the purpose of relieving economic dislocations:</proviso> <proviso><i>Provided further</i>, That none of the funds appropriated in this Act shall be used except that, so far as practicable, all contracts shall be awarded on a formally advertised competitive bid basis to the lowest responsible bidder</proviso>.</content> </section> <section class="firstIndent1 fontsize10"> <num value="824"><inline class="smallCaps">Sec</inline>. 824. </num> <content>None of the funds appropriated in this Act shall be used <sidenote><p class="firstIndent1 fontsize8">Service facilities.</p></sidenote> for the construction, replacement, or reactivation of any bakery, laundry, or drycleaning facility in the United States, its territories or possessions, as to which the Secretary of Defense does not certify in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates.</content> </section> <section class="firstIndent1 fontsize10"> <num value="825"><inline class="smallCaps">Sec</inline>. 825. </num> <content>During the current fiscal year, appropriations of the <sidenote><p class="firstIndent1 fontsize8">Airmail reimbursement.</p></sidenote> Department of Defense shall be available for reimbursement to the United States Postal Service for payment of costs of commercial air transportation of military mail between the United States and foreign countries.</content> </section> <section class="firstIndent1 fontsize10"> <num value="826"><inline class="smallCaps">Sec</inline>. 826. </num> <content>Appropriations contained in this Act shall be available for <sidenote><p class="firstIndent1 fontsize8">Furnishings and automobiles, purchase.</p></sidenote> the purchase of household furnishings, and automobiles from military and civilian personnel on duty outside the continental United States, for the purpose of resale at cost to incoming personnel, and for providing furnishings, without charge, in other than public quarters occupied by military or civilian personnel of the Department of Defense on duty outside the continental United States or in Alaska, upon a determination, under regulations approved by the Secretary of Defense, that such action is advantageous to the Government.</content> </section> <section class="firstIndent1 fontsize10"> <num value="827"><inline class="smallCaps">Sec</inline>. 827. </num> <content>During the current fiscal year, appropriations available to <sidenote><p class="firstIndent1 fontsize8">Uniforms.</p></sidenote> the Department of Defense for pay of civilian employees shall be available for uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901; 80 Stat. 508).</content> </section> <section class="firstIndent1 fontsize10"> <num value="828"><inline class="smallCaps">Sec</inline>. 828. </num> <content> <p class="inline">During the current fiscal year, the Secretary of Defense <sidenote><p class="firstIndent1 fontsize8">Ammunition, transfer.</p></sidenote> shall, upon requisition of the National Board for the Promotion of<page identifier="/us/stat/88/1230">88 <inline class="smallCaps">Stat</inline>. 1230</page> Rifle Practice, and without reimbursement, transfer from agencies of the Department of Defense to the board ammunition from stock or which has been procured for the purposes in such amounts as he may determine.</p> <p class="indent0 firstIndent1 fontsize10">Such appropriations of the Department of Defense available for<sidenote><p class="firstIndent1 fontsize8">Travel expenses.</p></sidenote> obligation during the current fiscal year as may be designated by the Secretary of Defense shall be available for the travel expenses of military and naval personnel, including the Reserve components, and members of the Reserve Officers’ Training Corps attending regional, national, or international rifle matches.</p> </content> </section> <section class="firstIndent1 fontsize10"> <num value="829"><inline class="smallCaps">Sec</inline>. 829. </num> <content>Funds provided in this Act for congressional liaison activities <sidenote><p class="firstIndent1 fontsize8">Congressional liaison activities.</p></sidenote> of the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense shall not exceed $1,320,000: <proviso><i>Provided</i>, That this amount shall be available for apportionment to the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense as determined by the Secretary of Defense</proviso>.</content> </section> <section class="firstIndent1 fontsize10"> <num value="830"><inline class="smallCaps">Sec</inline>. 830. </num> <content>Of the funds made available by this Act for the services<sidenote><p class="firstIndent1 fontsize8">Civil reserve air fleet.</p></sidenote> of the Military Airlift Command, $100,000,000 shall be available only for procurement of commercial transportation service from carriers participating in the civil reserve air fleet program; and the Secretary of Defense shall utilize the services of such carriers which qualify as small businesses to the fullest extent found practicable: <proviso><i>Provided</i>, That the Secretary of Defense shall specify in such procurement, performance characteristics for aircraft to be used based upon modern aircraft operated by the civil air fleet</proviso>.</content> </section> <section class="firstIndent1 fontsize10"> <num value="831"><inline class="smallCaps">Sec</inline>. 831. </num> <content>During the current fiscal year, appropriations available<sidenote><p class="firstIndent1 fontsize8">Civilian clothing.</p></sidenote> to the Department of Defense for operation may be used for civilian clothing, not to exceed $40 in cost for enlisted personnel: (1) discharged for misconduct, unfitness, unsuitability, or otherwise than honorably; (2) sentenced by a civil court to confinement in a civil prison or interned or discharged as an alien enemy; (3) discharged prior to completion of recruit training under honorable conditions for dependency, hardship, minority, disability, or for the convenience of the Government.</content> </section> <section class="firstIndent1 fontsize10"> <num value="832"><inline class="smallCaps">Sec</inline>. 832. </num> <content>No part of the funds appropriated herein shall be available<sidenote><p class="firstIndent1 fontsize8">Defense contractors’ advertising costs, restrictions.</p></sidenote> for paying the costs of advertising by any defense contractor, except advertising for which payment is made from profits, and such advertising shall not be considered a part of any defense contract cost. The prohibition contained in this section shall not apply with respect to advertising conducted by any such contractor, in compliance with regulations which shall fee promulgated by the Secretary of Defense, solely for (1) the recruitment by the contractor of personnel required for the performance by the contractor of obligations under a defense contract, (2) the procurement of scarce items required by the contractor for the performance of a defense contract, or (3) the disposal of scrap OT* surplus materials acquired by the contractor in the performance of a defense contract.</content> </section> <section class="firstIndent1 fontsize10"> <num value="833"><inline class="smallCaps">Sec</inline>. 833. </num> <content>Funds appropriated in this Act for maintenance and<sidenote><p class="firstIndent1 fontsize8">New facilities, restrictions.</p></sidenote> repair of facilities and installations shall not be available for acquisition of new facilities, or alteration, expansion, extension, or addition of existing facilities, as defined in Department of Defense Directive 7040.2, dated January 18, 1961, in excess of $50,000: <proviso><i>Provided</i>, That the Secretary of Defense may amend or change the said directive during the current fiscal year, consistent with the purpose of this section</proviso>.</content> </section> <page identifier="/us/stat/88/1231">88 <inline class="smallCaps">Stat</inline>. 1231</page> <section class="firstIndent1 fontsize10"> <num value="834"><inline class="smallCaps">Sec</inline>. 834. </num> <content>During the current fiscal year upon determination by the <sidenote><p class="firstIndent1 fontsize8">Transfer of funds.</p></sidenote> Secretary of Defense that such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed $750,000,000 of the appropriations or funds available to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same tune period, as the appropriation or fund to which transferred: <proviso><i>Provided</i>, That such authority to transfer may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated, and in no case where the item for which funds are requested has been denied by Congress:</proviso> <proviso><i>Provided further</i>, That the <sidenote><p class="firstIndent1 fontsize8">Notice to Congress.</p></sidenote> Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority</proviso>.</content> </section> <section class="firstIndent1 fontsize10"> <num value="835"><inline class="smallCaps">Sec</inline>. 835. </num> <content>None of the funds appropriated in this Act may be used <sidenote><p class="firstIndent1 fontsize8">Contract payments in foreign countries.</p></sidenote> to make payments under contracts for any program, project, or activity in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor.</content> </section> <section class="firstIndent1 fontsize10"> <num value="836"><inline class="smallCaps">Sec</inline>. 836. </num> <content>During the current fiscal year, cash balances in working <sidenote><p class="firstIndent1 fontsize8">Working capital funds.</p></sidenote> capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds: <proviso><i>Provided</i>, That transfers may be made between such funds in such amounts as may be determined by the Secretary of Defense, with the approval of the Office of Management and Budget</proviso>.</content> </section> <section class="firstIndent1 fontsize10"> <num value="837"><inline class="smallCaps">Sec</inline>. 837. </num> <content>No part of the funds appropriated under this Act shall be <sidenote><p class="firstIndent1 fontsize8">Convicted rioters.</p></sidenote> used to pay salaries of any Federal employee who is convicted in any Federal, State, or local court of competent jurisdiction, of inciting, promoting, or carrying on a riot, or any group activity resulting in material damage to property or injury to persons, found to be in violation of Federal, State, or local laws designed to protect persons or property in the community concerned.</content> </section> <section class="firstIndent1 fontsize10"> <num value="838"><inline class="smallCaps">Sec</inline>. 838. </num> <content>No part of the funds appropriated under this Act shall <sidenote><p class="firstIndent1 fontsize8">Campus disrupters.</p></sidenote> be used to provide a loan, guarantee of a loan, or a grant to any applicant who has been convicted by any court of general jurisdiction of any crime which involves the use of or the assistance to others in the use of force, trespass, or the seizure of property under control of an institution of higher education to prevent officials or students at such an institution from engaging in their duties or pursuing their studies.</content> </section> <section class="firstIndent1 fontsize10"> <num value="839"><inline class="smallCaps">Sec</inline>. 839. </num> <content>None of the funds herein appropriated may be obligated <sidenote><p class="firstIndent1 fontsize8">Vietnam, Laos, or Cambodia, combat activities.</p></sidenote> or expended to finance directly or indirectly combat activities by United States military forces in or over or from off the shores of North Vietnam, South Vietnam, Laos, or Cambodia.</content> </section> <section class="firstIndent1 fontsize10"> <num value="840"><inline class="smallCaps">Sec</inline>. 840. </num> <content>None of the funds available to the Department of Defense <sidenote><p class="firstIndent1 fontsize8">Heating plant conversion.</p></sidenote> shall be utilized for the conversion of heating plants from coal to oil at defense facilities in Europe.</content> </section> <section class="firstIndent1 fontsize10"> <num value="841"><inline class="smallCaps">Sec</inline>. 841. </num> <content>None of the funds appropriated by this Act shall be <sidenote><p class="firstIndent1 fontsize8">Involuntary experimental subjects.</p></sidenote> available for any research involving uninformed or nonvoluntary human beings as experimental subjects.</content> </section> <section class="firstIndent1 fontsize10"> <num value="842"><inline class="smallCaps">Sec</inline>. 842. </num> <content>Appropriations for the current fiscal year for operation and maintenance of the active forces shall be available for medical<page identifier="/us/stat/88/1232">88 <inline class="smallCaps">Stat</inline>. 1232</page> and dental care of personnel entitled thereto by law or regulation (including charges of private facilities for care of military personnel, except elective private treatment) ; welfare and recreation; hire of passenger motor vehicles; repair of facilities; modification of personal property; design of vessels; industrial mobilization; installation of equipment in public or private plants; military communications facilities on merchant vessels; acquisition of services, special clothing, supplies, and equipment; and expenses for the Reserve Officers’ Training Corps and other units at educational institutions.</content> </section> <section class="firstIndent1 fontsize10"> <num value="843"><inline class="smallCaps">Sec</inline>. 843. </num> <content>No part of the funds in this Act shall be available to<sidenote><p class="firstIndent1 fontsize8">Reprogramming of funds.</p></sidenote> prepare or present a request to the Committees on Appropriations for the reprograming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprograming is requested has been denied by the Congress.</content> </section> <section class="firstIndent1 fontsize10"> <num value="844"><inline class="smallCaps">Sec</inline>. 844. </num> <content>None of the funds contained in this Act shall be used to<sidenote><p class="firstIndent1 fontsize8">Petroleum fuels to Southeast Asia.</p></sidenote> furnish petroleum fuels produced in the continental United States to Southeast Asia for use by non-United States nationals.</content> </section> <section class="firstIndent1 fontsize10"> <num value="845"><inline class="smallCaps">Sec</inline>. 845. </num> <content>No part of any appropriation, funds, or other authority<sidenote><p class="firstIndent1 fontsize8">Space and services furnished by GSA, charges.</p></sidenote> contained in this Act shall be available for paying to the Administrator of the General Services Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210 (j) of the Federal Property and Administrative Services Act of 1949, as<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s490">40 USC 490</ref>.</p></sidenote> amended for space and services.</content> </section> <section class="firstIndent1 fontsize10"> <num value="846"><inline class="smallCaps">Sec</inline>. 846. </num> <subsection class="inline"> <num value="a">(a) </num> <content>During the last quarter of the fiscal year 1975, no funds appropriated by this Act shall be used for the pay, compensation, or allowances of commissioned officer personnel on active duty in<sidenote><p class="firstIndent1 fontsize8">Pay or allowances of commissioned officers on active duty.</p></sidenote> the Armed Forces (excluding Reserve officers on active duty training or Reserve officers and Retired officers ordered to active duty for periods of thirty days or less) in excess of the following numbers in each grade: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header"> <th style="text-align:left; font-weight:bold; vertical-align:bottom; font-size:8pt">Ranks</th> <th style="text-align:right; font-weight:bold; vertical-align:bottom; font-size:8pt">Department of Defense</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; text-indent:3em; vertical-align:top" leaders="yes">O–10: General or admiral</td> <td style="text-align:right; vertical-align:top">36</td> </tr> <tr> <td style="text-align:left; text-indent:3em; vertical-align:top" leaders="yes">O–9 : Lieutenant general or vice admiral</td> <td style="text-align:right; vertical-align:top">128</td> </tr> <tr> <td style="text-align:left; text-indent:3em; vertical-align:top" leaders="yes">O–8 : Major general or rear admiral</td> <td style="text-align:right; vertical-align:top">436</td> </tr> <tr> <td style="text-align:left; text-indent:3em; vertical-align:top" leaders="yes">O–7 : Brigadier general or rear admiral</td> <td style="text-align:right; vertical-align:top">576</td> </tr> <tr> <td style="text-align:left; text-indent:3em; vertical-align:top" leaders="yes">O–6 : Colonel or captain of the Navy</td> <td style="text-align:right; vertical-align:top">15, 282</td> </tr> <tr> <td style="text-align:left; text-indent:3em; vertical-align:top" leaders="yes">O–5 : Lieutenant colonel or commander</td> <td style="text-align:right; vertical-align:top">32, 986</td> </tr> <tr> <td style="text-align:left; text-indent:3em; vertical-align:top" leaders="yes">O–4 : Major or lieutenant commander</td> <td style="text-align:right; vertical-align:top">54, 623</td> </tr> </tbody> </table> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Vacancies within the allowances prescribed by subsection (a) of this section for any grade may be assigned to any lower grade or grades.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="847"><inline class="smallCaps">Sec</inline>. 847. </num> <content>None of the funds appropriated by this Act shall be available <sidenote><p class="firstIndent1 fontsize8">U.S. military forces abroad, support.</p></sidenote> for use after May 31, 1975, to support United States military forces stationed or otherwise assigned to duty outside the United States in any number greater than 452,500, not including military personnel assigned to duty aboard United States naval vessels.</content> </section> <section class="firstIndent1 fontsize10"> <num value="848"><inline class="smallCaps">Sec</inline>. 848. </num> <content>None of the funds appropriated by this Act may be used to<sidenote><p class="firstIndent1 fontsize8">Enlisted aides, limitation.</p></sidenote> support more than five hundred enlisted aides in the United States Armed Forces.</content> </section> <section class="firstIndent1 fontsize10"> <num value="849"><inline class="smallCaps">Sec</inline>. 849. </num> <content>None of the funds appropriated by this Act may be used for<sidenote><p class="firstIndent1 fontsize8">OTH radar system, site acquisition or construction.</p></sidenote> site acquisition or construction of the Conus Over-The-Horizon (OTH) radar system receiver antenna during the period beginning with the date of enactment of this Act and ending May 31, 1975.</content> </section> <section class="firstIndent1 fontsize10"> <num value="850"><inline class="smallCaps">Sec</inline>. 850. </num> <content>No funds appropriated to the Department of Defense in<sidenote><p class="firstIndent1 fontsize8">War materials, transfer.</p></sidenote> this Act may be used to transfer war materials to any foreign country, unless such transfers are specifically authorized by law.</content> </section> <page identifier="/us/stat/88/1233">88 <inline class="smallCaps">Stat</inline>. 1233</page> <num value="IX">TITLE IX—</num> <heading class="inline">RELATED AGENCY</heading> <appropriations level="major"> <heading>DEFENSE MANPOWER COMMISSION</heading> <content> <p class="inline">For necessary expenses of the Defense Manpower Commission in carrying out the provisions of title VII of the Department of Defense Appropriation Authorization Act, 1974, including services as authorized <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s131">10 USC 131 note</ref>.</p></sidenote> by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS–18, and hire of passenger motor vehicles, $800,000: <proviso><i>Provided</i>, That the unobligated balance of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> the appropriation granted under this heading for the Fiscal Year 1974 shall remain available during the current fiscal year</proviso>.</p> <p class="indent0 firstIndent1 fontsize10">This Act may be cited as the “Department of Defense Appropriation <sidenote><p class="firstIndent1 fontsize8">Short title.</p></sidenote> Act, 1975”.</p> </content> </appropriations>
Approved October 8, 1974.
Public Law 93–438: To reorganize and consolidate certain functions of the Federal Government in a new Energy Research and Development Administration and in a new Nuclear Regulatory Commission in order to promote more efficient management of such functions. Public Law 438 88 Stat. 1233 1974-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–438
An Act To reorganize and consolidate certain functions of the Federal Government in a new Energy Research and Development Administration and in a new Nuclear Regulatory Commission in order to promote more efficient management of such functions.

October 11, 1974

[H.R. 11510]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Energy Reorganization Act of 1974.
short title
Section 1. This Act may be cited as the “Energy Reorganization Act of 1974”.

42 USC 5801 note.
declaration of purpose
Sec. 2. (a) The Congress hereby declares that the general welfare

42 USC 5801.

 and the common defense and security require effective action to develop, and increase the efficiency and reliability of use of, all energy sources to meet the needs of present and future generations, to increase the productivity of the national economy and strengthen its position in regard to international trade, to make the Nation self-sufficient in energy, to advance the goals of restoring, protecting, and enhancing environmental quality, and to assure public health and safety. (b) The Congress finds that, to best achieve these objectives, improve

Energy Research and Development Administration, establishment.

 Government operations, and assure the coordinated and effective development of all energy sources, it is necessary to establish an Energy Research and Development Administration to bring together and direct Federal activities relating to research and development on the various sources of energy, to increase the efficiency and reliability in the use of energy, and to carry out the performance of other functions, including but not limited to the Atomic Energy Commission’s military and production activities and its general basic research88 Stat. 1234 activities. In establishing an Energy Research and Development Administration to achieve these objectives, the Congress intends that all possible sources of energy be developed consistent with warranted priorities. (c) The Congress finds that it is in the public interest that the

Separation of AEC licensing and regulatory functions.

 licensing and related regulatory functions of the Atomic Energy Commission be separated from the performance of the other functions of the Commission, and that this separation be effected in an orderly manner, pursuant to this Act, assuring adequacy of technical and other resources necessary for the performance of each. (d) The Congress declares that it is in the public interest and the

Small business participation.

 policy of Congress that small business concerns be given a reasonable opportunity to participate, insofar as is possible, fairly and equitably in grants, contracts, purchases, and other Federal activities relating to research, development, and demonstration of sources of energy efficiency, and utilization and conservation of energy. In carrying out this policy, to the extent practicable, the Administrator shall consult with the Administrator of the Small Business Administration. (e) Determination of priorities which are warranted should be based

Priorities.

 on such considerations as power-related values of an energy source, preservation of material resources, reduction of pollutants, export market potential (including reduction of imports), among others. On such a basis, energy sources warranting priority might include, but not be limited to, the various methods of utilizing solar energy.
<num value="I">TITLE I—</num> <heading class="inline">ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION</heading> <section> <heading class="smallCaps centered">establishment</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content>There is hereby established an independent executive<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5811">42 USC 5811</ref>.</p></sidenote> agency to be known as the Energy Research and Development Administration (hereinafter in this Act referred to as the “Administration”).</content> </section> </section> <section> <heading class="smallCaps centered">officers</heading> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <subsection class="inline"> <num value="a">(a) </num> <content>There shall be at the head of the Administration an<sidenote><p class="firstIndent1 fontsize8">Administrator.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5812">42 USC 5812</ref>.</p></sidenote> Administrator of Energy Research and Development (hereinafter in this Act referred to as the "Administrator"), who shall be appointed from civilian life by the President by and with the advice and consent of the Senate. A person may not be appointed as Administrator within two years after release from active duty as a commissioned officer of a regular component of an Armed Force. The Administration shall be administered under the supervision and direction of the Administrator, who shall be responsible for the efficient and coordinated management of the Administration.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>There shall be in the Administration a Deputy Administrator,<sidenote><p class="firstIndent1 fontsize8">Deputy Administrator.</p></sidenote> who shall be appointed by the President, by and with the advice and consent of the Senate.</content> </subsection> <page identifier="/us/stat/88/1235">88 <inline class="smallCaps">Stat</inline>. 1235</page> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The President shall appoint the Administrator and Deputy Administrator from among individuals who, by reason of their general background and experience are specially qualified to manage a full range of energy research and development programs.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content>There shall be in the Administration six Assistant Administrators, <sidenote><p class="firstIndent1 fontsize8">Assistant Administrators.</p></sidenote> one of whom shall be responsible for fossil energy, another for nuclear energy, another for environment and safety, another for conservation, another for solar, geothermal, and advanced energy systems, and another for national security. The Assistant Administrators shall be appointed by the President, by and with the advice and consent of the Senate. The President shall appoint each Assistant Administrator from among individuals who, by reason of general background and experience, are specially qualified to manage the energy technology area assigned to such Assistant Administrator.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content>There shall be in the Administration a General Counsel who <sidenote><p class="firstIndent1 fontsize8">General Counsel.</p></sidenote> shall be appointed by the Administrator and who shall serve at the pleasure of and be removable by the Administrator.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <content>There shall be in the Administration not more than eight <sidenote><p class="firstIndent1 fontsize8">Additional officers.</p></sidenote> additional officers appointed by the Administrator. The positions of such officers shall be considered career positions and be subject to subsection 161 d. of the Atomic Energy Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">(g) </num> <content>The Division of Military Application transferred to and established <sidenote><p class="firstIndent1 fontsize8">Director of Military Application.</p></sidenote> in the Administration by section 104(d) of this Act shall be under the direction of a Director of Military Application, who shall be appointed by the Administrator and who shall serve at the pleasure of and be removable by the Administrator and shall be an active commissioned officer of the Armed Forces serving in general or flag officer rank or grade. The functions, qualifications, and compensation of the Director of Military Application shall be the same as those provided under the Atomic Energy Act of 1954, as amended, for the Assistant <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2011">42 USC 2011 note</ref>.</p></sidenote> General Manager for Military Application.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">(h) </num> <content>Officers appointed pursuant to this section shall perform such functions as the Administrator shall specify from time to time. The Administrator shall delegate to one such officer the special responsibility <sidenote><p class="firstIndent1 fontsize8">International cooperation.</p></sidenote> for international cooperation in all energy and related environmental research and development.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>The Deputy Administrator (or in the absence or disability of <sidenote><p class="firstIndent1 fontsize8">Order of succession.</p></sidenote> the Deputy Administrator, or in the event of a vacancy in the office of the Deputy Administrator, an Assistant Administrator, the General Counsel or such other official, determined according to such order as the Administrator shall prescribe) shall act for and perform the functions of the Administrator during any absence or disability of the Administrator or in the event of a vacancy in the office of the Administrator.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">responsibilities of the administrator</heading> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <chapeau class="inline">The responsibilities of the Administrator shall include, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5813">42 USC 5813</ref>.</p></sidenote> but not be limited to—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>exercising central responsibility for policy planning, coordination, support, and management of research and development<page identifier="/us/stat/88/1236">88 <inline class="smallCaps">Stat</inline>. 1236</page> programs respecting all energy sources, including assessing the requirements for research and development in regard to various energy sources in relation to near-term and long-range needs, policy planning in regard to meeting those requirements, undertaking programs for the optimal development of the various forms of energy sources, managing such programs, and disseminating information resulting therefrom;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>encouraging and conducting research and development, including demonstration of commercial feasibility and practical applications of the extraction, conversion, storage, transmission, and utilization phases related to the development and use of energy from fossil, nuclear, solar, geothermal, and other energy sources;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>engaging in and supporting environmental, biomedical, physical, and safety research related to the development of energy sources and utilization technologies;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>taking into account the existence, progress, and results of other public and private research and development activities, including those activities of the Federal Energy Administration relating to the development of energy resources using currently available technology in promoting increased utilization of energy resources, relevant to the Administration’s mission in formulating its own research and development programs;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>participating in and supporting cooperative research and development projects which may involve contributions by public or private persons or agencies, of financial or other resources to the performance of the work;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>developing, collecting, distributing, and making available for distribution, scientific and technical information concerning the manufacture or development of energy and its efficient extraction, conversion, transmission, and utilization;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>creating and encouraging the development of general information to the public on all energy conservation technologies and energy sources as they become available for general use, and the Administrator, in conjunction with the Administrator of the Federal Energy Administration shall, to the extent practicable, disseminate such information through the use of mass communications;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content>encouraging and conducting research and development in energy conservation, which shall be directed toward the goals of reducing total energy consumption to the maximum extent practicable, and toward maximum possible improvement in the efficiency of energy use. Development of new and improved conservation measures shall be conducted with the goal of the most expeditious possible application of these measures;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">(9) </num> <content>encouraging and participating in international cooperation in energy and related environmental research and development;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="10">(10) </num> <content>helping to assure an adequate supply of manpower for the accomplishment of energy research and development programs,<page identifier="/us/stat/88/1237">88 <inline class="smallCaps">Stat</inline>. 1237</page> by sponsoring and assisting in education and training activities in institutions of higher education, vocational schools, and other institutions, and by assuring the collection, analysis, and dissemination of necessary manpower supply and demand data;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="11">(11) </num> <content>encouraging and conducting research and development in clean and renewable energy sources.</content> </paragraph> </section> </section> <section> <heading class="smallCaps centered">abolition and transfers</heading> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Atomic Energy Commission is hereby abolished. <sidenote><p class="firstIndent1 fontsize8">Atomic Energy Commission.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5814">42 USC 5814</ref>.</p><p class="firstIndent1 fontsize8">Repeal.</p></sidenote> Sections 21 and 22 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2031 and 2032) are repealed.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>All other functions of the Commission, the Chairman and members of the Commission, and the officers and components of the Commission are hereby transferred or allowed to lapse pursuant to the provisions of this Act.<sidenote><p class="firstIndent1 fontsize8">Transfer of functions.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>There are hereby transferred to and vested in the Administrator all functions of the Atomic Energy Commission, the Chairman and members of the Commission, and the officers and components of the Commission, except as otherwise provided in this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content>The General Advisory Committee established pursuant to section 26 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2036), the Patent Compensation Board established pursuant to section 157 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2187), and the Divisions of Military Application and Naval Reactors established pursuant to section 25 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2035), are transferred to the Energy Research and Development Administration and the functions of the Commission with respect thereto, and with respect to relations with the Military Liaison Committee established by section 27 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2037), are transferred to the Administrator.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <chapeau class="inline">There are hereby transferred to and vested in the Administrator <sidenote><p class="firstIndent1 fontsize8">Interior Department functions.</p></sidenote> such functions of the Secretary of the Interior, the Department of the Interior, and officers and components of such department—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>as relate to or are utilized by the Office of Coal Research established pursuant to the Act of July 1, 1960 (74 Stat. 336; 30 U.S.C. 661–668);</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>as relate to or are utilized in connection with fossil fuel energy research and development programs and related activities conducted by the Bureau of Mines “energy centers” and synthane plant to provide greater efficiency in the extraction, processing, and utilization of energy resources for the purpose of conserving those resources, developing alternative energy resources, such as oil and gas secondary and tertiary recovery, oil shale and synthetic fuels, improving methods of managing energy-related wastes and pollutants, and providing technical guidance needed to establish and administer national energy policies; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>as relate to or are utilized for underground electric power transmission research.</content> </paragraph> <continuation class="inline">The Administrator shall conduct a study of the potential energy <sidenote><p class="firstIndent1 fontsize8">Helium applications study.</p></sidenote> applications of helium and, within six months from the date of the<page identifier="/us/stat/88/1238">88 <inline class="smallCaps">Stat</inline>. 1238</page> enactment of this Act, report to the President and Congress his<sidenote><p class="firstIndent1 fontsize8">Report to President and Congress.</p></sidenote> recommendations concerning the management of the Federal helium programs, as they relate to energy.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <chapeau class="inline">There are hereby transferred to and vested in the Administrator such functions of the National Science Foundation as relate to or are<sidenote><p class="firstIndent1 fontsize8">National Science Foundation functions.</p></sidenote> utilized in connection with—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>solar heating and cooling development; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>geothermal power development.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">(g) </num> <content>There are hereby transferred to and vested in the Administrator such functions of the Environmental Protection Agency and the<sidenote><p class="firstIndent1 fontsize8">Environmental Protection Agency functions.</p></sidenote> officers and components thereof as relate to or are utilized in connection with Research, development, and demonstration, but not assessment or monitoring for regulatory purposes, of alternative automotive power systems.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">(h) </num> <content>To the extent necessary or appropriate to perform functions and carry out programs transferred by this Act, the Administrator and Commission may exercise, in relation to the functions so transferred, any authority or part thereof available by law, including appropriation Acts, to the official or agency from which such functions were transferred.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="i">(i) </num> <chapeau class="inline">In the exercise of his responsibilities under section 103, the<sidenote><p class="firstIndent1 fontsize8">Use of other agencies’ capabilities.</p></sidenote> Administrator shall utilize, with their consent, to the fullest extent he determines advisable the technical and management capabilities of other executive agencies having facilities, personnel, or other resources which can assist or advantageously be expanded to assist in carrying out such responsibilities. The Administrator shall consult with the head of each agency with respect to such facilities, personnel, or other resources, and may assign, with their consent, specific programs or projects in energy research and development as appropriate. In making such assignments under this subsection, the head of each such agency shall insure that—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>such assignments shall be in addition to and not detract from the basic mission responsibilities of the agency, and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>such assignments shall be carried out under such guidance as the Administrator deems appropriate.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">administrative provisions</heading> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Administrator is authorized to prescribe such<sidenote><p class="firstIndent1 fontsize8">Regulations.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5815">42 USC 5815</ref>.</p></sidenote> policies, standards, criteria, procedures, rules, and regulations as he may deem to be necessary or appropriate to perform functions now or hereafter vested in him.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The Administrator shall engage in such policy planning, and<sidenote><p class="firstIndent1 fontsize8">Policy planning and evaluation.</p></sidenote> perform such program evaluation analyses and other studies, as may be necessary to promote the efficient and coordinated administration of the Administration and properly assess progress toward the achievement of its missions.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Except as otherwise expressly provided by law, the Administrator <sidenote><p class="firstIndent1 fontsize8">Delegation of functions.</p></sidenote> may delegate any of his functions to such officers and employees of the Administration as he may designate, and may authorize such successive redelegations of such functions as he may deem to be necessary or appropriate.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content>Except as provided in section 102 and in section 104(d), the<sidenote><p class="firstIndent1 fontsize8">Organization.</p></sidenote> Administrator may organize the Administration as he may deem to be necessary or appropriate.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content>The Administrator is authorized to establish, maintain, alter, or<sidenote><p class="firstIndent1 fontsize8">Field offices.</p></sidenote> discontinue such State, regional, district, local, or other field offices as he may deem to be necessary or appropriate to perform functions now or hereafter vested in him.</content> </subsection> <page identifier="/us/stat/88/1239">88 <inline class="smallCaps">Stat</inline>. 1239</page> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <content>The Administrator shall cause a seal of office to be made for <sidenote><p class="firstIndent1 fontsize8">Seal.</p></sidenote> the Administration of such device as he shall approve, and judicial notice shall be taken of such seal.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">(g) </num> <content>The Administrator is authorized to establish a working capital <sidenote><p class="firstIndent1 fontsize8">Working capital fund.</p></sidenote> fund, to be available without fiscal year limitation, for expenses necessary for the maintenance and operation of such common administrative services as he shall find to be desirable in the interests of economy and efficiency. There shall be transferred to the fund the stocks of supplies, equipment, assets other than real property, liabilities, and unpaid obligations relating to the services which he determines will be performed through the fund. Appropriations to the fund, in such amounts as may be necessary to provide additional working capital, are authorized. The working capital fund shall recover, from the appropriations and funds for which services are performed, either in advance or by way of reimbursement, amounts which will approximate the costs incurred, including the accrual of annual leave and the depreciation of equipment. The fund shall also be credited with receipts from the sale or exchange of its property, and receipts in payment for loss or damage to property owned by the fund.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">(h) </num> <content>Each department, agency, and instrumentality of the executive <sidenote><p class="firstIndent1 fontsize8">Information from other agencies.</p></sidenote> branch of the Government is authorized to furnish to the Administrator, upon his request, any information or other data which the Administrator deems necessary to carry out his duties under this title.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">personnel and services</heading> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Administrator is authorized to select, appoint, <sidenote><p class="firstIndent1 fontsize8">Appointment and pay.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5816">42 USC 5816</ref>.</p></sidenote> employ, and fix the compensation of such officers and employees, including attorneys, pursuant to section 161 d. of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2201(d)) as are necessary to perform the functions now or hereafter vested in him and to prescribe their functions.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The Administrator is authorized to obtain services as provided <sidenote><p class="firstIndent1 fontsize8">Experts and consultants.</p></sidenote> by section 3109 of title 5 of the United States Code.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The Administrator is authorized to provide for participation <sidenote><p class="firstIndent1 fontsize8">Military personnel.</p></sidenote> of military personnel in the performance of his functions. Members of the Army, the Navy, the Air Force, or the Marine Corps may be detailed for service in the Administration by the appropriate military Secretary, pursuant to cooperative agreements with the Secretary, for service in the Administration in positions other than a position the occupant of which must be approved by and with the advice and consent of the Senate.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content>Appointment, detail, or assignment to, acceptance of, and service in, any appointive or other position in the Administration under this section shall in no way affect the status, office, rank, or grade which such officers or enlisted men may occupy or hold, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of any such status, office, rank, or grade. A member so appointed, detailed, or assigned shall not be subject to direction or control by his Armed Force, or any officer thereof, directly or indirectly, with respect to the responsibilities exercised in the position to which appointed, detailed, or assigned.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content>The Administrator is authorized to pay transportation expenses, <sidenote><p class="firstIndent1 fontsize8">Transportation and per diem.</p></sidenote> and per diem in lieu of subsistence expenses, in accordance with chapter 57 of title 5 of the United States Code for travel between <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5701">5 USC 5701</ref>.</p></sidenote> places of recruitment and duty, and while at places of duty, of persons appointed for emergency, temporary, or seasonal services in the field service of the Administration.</content> </subsection> <page identifier="/us/stat/88/1240">88 <inline class="smallCaps">Stat</inline>. 1240</page> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <content>The Administrator is authorized to utilize, on a reimbursable<sidenote><p class="firstIndent1 fontsize8">Personnel of other agencies.</p></sidenote> basis, the services of any personnel made available by any department, agency, or instrumentality, including any independent agency of the Government.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">(g) </num> <content>The Administrator is authorized to establish advisory boards,<sidenote><p class="firstIndent1 fontsize8">Advisory boards.</p></sidenote> in accordance with the provisions of the Federal Advisory Committee Act (Public Law 92–463), to advise with and make recommendations<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s1">5 USC app. 1</ref>.</p></sidenote> to the Administrator on legislation, policies, administration, research, and other matters.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">(h) </num> <content>The Administrator is authorized to employ persons who are not<sidenote><p class="firstIndent1 fontsize8">Noncitizens employment.</p></sidenote> citizens of the United States in expert, scientific, technical, or professional capacities whenever he deems it in the public interest.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">powers</heading> <section class="firstIndent1 fontsize10"> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Administrator is authorized to exercise his powers <sidenote><p class="firstIndent1 fontsize8">Research and development.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5817">42 USC 5817</ref>.</p></sidenote> in such manner as to insure the continued conduct of research and development and related activities in areas or fields deemed by the Administrator to be pertinent to the acquisition of an expanded fund of scientific, technical, and practical knowledge in energy matters. To this end, the Administrator is authorized to make arrangements (including contracts, agreements, and loans) for the conduct of research and development activities with private or public institutions or persons, including participation in joint or cooperative projects of a research, developmental, or experimental nature; to make payments (in lump sum or installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments); and generally to take such steps as he may deem necessary or appropriate to perform functions now or hereafter vested in him. Such functions of the Administrator under this Act as are applicable to the nuclear activities transferred pursuant to this title shall be subject to the provisions of the Atomic Energy Act of 1954,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2011">42 USC 2011 note</ref>.</p></sidenote> as amended, and to other authority applicable to such nuclear activities. The nonnuclear responsibilities and functions of the Administrator referred to in sections 103 and 104 of this Act shall be carried out pursuant to the provisions of this Act, applicable authority existing immediately before the effective date of this Act, or in accordance with the provisions of chapter 4 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2051–2053).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Except for public buildings as defined in the Public Buildings <sidenote><p class="firstIndent1 fontsize8">Facilities and real property.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s601">40 USC 601 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/sII">5 USC app. II</ref>.</p></sidenote> Act of 1959, as amended, and with respect to leased space subject to the provisions of Reorganization Plan Numbered 18 of 1950, the Administrator is authorized to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintain facilities and real property as the Administrator deems to be necessary in and outside of the District of Columbia. Such authority shall apply only to facilities required for the maintenance and operation of laboratories, research and testing sites and facilities, quarters, and related accommodations for employees and dependents of employees of the Administration, and such other special-purpose real property as the Administrator deems to be necessary in and outside the District of Columbia. Title to any property or interest therein, real, personal, or mixed, acquired pursuant to this section, shall be in the United States.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The Admmistrator is authorized to provide, construct, or<sidenote><p class="firstIndent1 fontsize8">Services for employees at remote locations.</p></sidenote> maintain, as necessary and when not otherwise available, the following for employees and their dependents stationed at remote locations:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>Emergency medical services and supplies.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>Food and other subsistence supplies.</content> </subparagraph> <page identifier="/us/stat/88/1241">88 <inline class="smallCaps">Stat</inline>. 1241</page> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content>Messing facilities.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">(D) </num> <content>Audiovisual equipment, accessories, and supplies for recreation and training.</content> </subparagraph> <subclause class="indent4 firstIndent1 fontsize10"> <num value="E">(E) </num> <content>Reimbursement for food, clothing, medicine, and other supplies furnished by such employees in emergencies for the temporary relief of distressed persons.</content> </subclause> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="F">(F) </num> <content>Living and working quarters and facilities.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="G">(G) </num> <content>Transportation for school-age dependents of employees to the nearest appropriate educational facilities.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The furnishing of medical treatment under subparagraph (A) of paragraph (1) and the furnishing of services and supplies under paragraphs (B) and (C) of paragraph (1) shall be at prices reflecting reasonable value as determined by the Administrator.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Proceeds from reimbursements under this section shall be deposited in the Treasury and may be withdrawn by the Administrator to pay directly the cost of such work or services, to repay or make advances to appropriations or funds which do or will bear all or a part of such cost, or to refund excess sums when necessary; except that such payments may be credited to a service or working capital fund otherwise established by law, and used under the law governing such funds, if the fund is available for use by the Administrator for performing the work or services for which payment is received.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <chapeau class="inline">The Administrator is authorized to acquire any of the following <sidenote><p class="firstIndent1 fontsize8">Acquisitions of copyrights, patients, etc.</p></sidenote> described rights if the property acquired thereby is for use in, or is useful to, the performance of functions vested in him:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Copyrights, patents, and applications for patents, designs, processes, specifications, and data.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Licenses under copyrights, patents, and applications for patents.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Releases, before suit is brought, for past infringement of patents or copyrights.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content>Subject to the provisions of chapter 12 of the Atomic Energy <sidenote><p class="firstIndent1 fontsize8">Dissemination of information.</p></sidenote> Act of 1954, as amended (42 U.S.C. 2161–2166), and other applicable law, the Administrator shall disseminate scientific, technical, and practical information acquired pursuant to this title through information programs and other appropriate means, and shall encourage the dissemination of scientific, technical, and practical information relating to energy so as to enlarge the fund of such information and to provide that free interchange of ideas and criticism which is essential to scientific and industrial progress and public understanding.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <content>The Administrator is authorized to accept, hold, administer,<sidenote><p class="firstIndent1 fontsize8">Gifts and bequests.</p></sidenote> and utilize gifts, and bequests of property, both real and personal, for the purpose of aiding or facilitating the work of the Administration. Gifts and bequests of money and proceeds from sales of other property received as gifts or bequests shall be deposited in the Treasury and shall be disbursed upon the order of the Administrator. For the purposes of Federal income, estate, and gift taxes, property accepted under this section shall be considered as a gift or bequest to the United States.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">interim coordination</heading> <section class="firstIndent1 fontsize10"> <num value="108"><inline class="smallCaps">Sec</inline>. 108. </num> <subsection class="inline"> <num value="a">(a) </num> <content>There is established in the Executive Office of the <sidenote><p class="firstIndent1 fontsize8">Energy Resources Council.</p><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5818">42 USC 5818</ref>.</p></sidenote> President an Energy Resources Council. The Council shall be composed of the Secretary of the Interior, the Administrator of the Federal Energy Administration, the Administrator of the Energy Research and Development Administration, the Secretary of State, the Director, Office of Management and Budget, and such other officials of the Federal Government as the President may designate. The President shall designate one of the members of the Council to serve as Chairman.</content> </subsection> <page identifier="/us/stat/88/1242">88 <inline class="smallCaps">Stat</inline>. 1242</page> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">It shall be the duty and function of the Council to—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>insure communication and coordination among the agencies of the Federal Government which have responsibilities for the development and implementation of energy policy or for the management of energy resources;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>make recommendations to the President and to the Congress for measures to improve the implementation of Federal energy policies or the management of energy resources with particular emphasis upon policies and activities involving two or more Departments or independent agencies; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>advise the President in the preparation of the reorganization recommendations required by section 110 of this Act.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The Chairman of the Council may not refuse to testify before the Congress or any duly authorized committee thereof regarding<sidenote><p class="firstIndent1 fontsize8">Testimony before Congress.</p></sidenote> the duties of the Council or other matters concerning interagency coordination of energy policy and activities.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content>This section shall be effective no later than sixty days after<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8">Publication in Federal Register.</p><p class="firstIndent1 fontsize8">Termination date.</p></sidenote> the enactment of this Act or such earlier date as the President shall prescribe and publish in the Federal Register, and shall terminate upon enactment of a permanent department responsible for energy and natural resources or two years after such effective date, whichever shall occur first.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">future reorganization</heading> <section class="firstIndent1 fontsize10"> <num value="109"><inline class="smallCaps">Sec</inline>. 109. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The President shall transmit to the Congress as<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5819">42 USC 5819</ref>.</p></sidenote> promptly as possible, but not later than June 30, 1975, such additional recommendations as he deems advisable for organization of energy and related functions in the Federal Government, including, but not limited to, whether or not there shall be established (1) a Department of Energy and Natural Resources, (2) an Energy Policy Council, and (3) a consolidation in whole or in part of regulatory functions concerning energy.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>This report shall replace and serve the purposes of the report required by section 15(a) (4) of the Federal Energy Administration<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 108.</p></sidenote> Act.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">coordination with environmental efforts</heading> <section class="firstIndent1 fontsize10"> <num value="110"><inline class="smallCaps">Sec</inline>. 110. </num> <content>Administrator is authorized to establish programs<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5820">42 USC 5820</ref>.</p></sidenote> to utilize research and development performed by other Federal agencies to minimize the adverse environmental effects of energy projects. The Administrator of the Environmental Protection Agency, as well as other affected agencies and departments, shall cooperate fully with the Administrator in establishing and maintaining such programs, and in establishing appropriate interagency agreements to develop cooperative programs and to avoid unnecessary duplication.</content> </section> </section> <num value="II">TITLE II—</num> <heading class="inline">NUCLEAR REGULATORY COMMISSION</heading> <section> <heading class="smallCaps centered">establishment and transfers</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"> <num value="a">(a) </num> <content>There is established an independent regulatory commission <sidenote><p class="firstIndent1 fontsize8">Members and Chairman.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5841">42 USC 5841</ref>.</p></sidenote> to be known as the Nuclear Regulatory Commission which shall be composed of five members, each of whom shall be a citizen of the United States. The President shall designate one member<page identifier="/us/stat/88/1243">88 <inline class="smallCaps">Stat</inline>. 1243</page> of the Commission as Chairman thereof to serve as such during the pleasure of the President. The Chairman may from time to time designate any other member of the Commission as Acting Chairman to act in the place and stead of the Chairman during his absence. The Chairman (or the Acting Chairman in the absence of the Chairman) shall preside at all meetings of the (Commission and a quorum for the transaction of business shall consist of at least three members present. Each member of the (Commission, including the (Chairman, shall have equal responsibility and authority in all decisions and actions of the Commission, shall have full access to all information relating to the performance of his duties or responsibilities, and shall have one vote. Action of the Commission shall be determined by a majority vote of the members present. The Chairman (or Acting Chairman in the absence of the Chairman) shall be the official spokesman of the (Commission in its relations with the Congress, Government agencies, persons, or the public, and, on behalf of the Commission, shall see to the faithful execution of the policies and decisions of the (Commission, and shall report thereon to the Commission from time to time or as the Commission may direct. The Commission shall have <sidenote><p class="firstIndent1 fontsize8">Seal.</p></sidenote> an official seal which shall be judicially noticed.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Members of the Commission shall be appointed by the President, by and with the advice and consent of the Senate.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Appointments of members pursuant to this subsection shall be made in such a manner that not more than three members of the Commission shall be members of the same political party.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Each member shall serve for a term of five years, each such <sidenote><p class="firstIndent1 fontsize8">Term.</p></sidenote> term to commence on July 1, except that of the five members first appointed to the Commission, one shall serve for one year, one for two years, one for three year’s, one for four years, and one for five years, to be designated by the President at the time of appointment.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content>Such initial appointments shall be submitted to the Senate <sidenote><p class="firstIndent1 fontsize8">Submittal of appointments to Senate.</p></sidenote> within sixty days of the signing of this Act. Any individual who is serving as a member of the Atomic Energy Commission at the time of the enactment of this Act, and who may be appointed by the President to the Commission, shall be appointed for a term designated by the President, but which term shall terminate not later than the end of his present term as a member of the Atomic Energy (Commission, without regard to the requirements of subsection (b) (2) of this section. Any subsequent appointment of such individuals shall be subject to the provisions of this section.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content>Any member of the Commission may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. No member of the Commission shall engage in any business, vocation, or employment other than that of serving as a member of the Commission.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <content>There are hereby transferred to the (Commission all the licensing <sidenote><p class="firstIndent1 fontsize8">Transfer of AEC functions and personnel.</p></sidenote> and related regulatory functions of the Atomic Energy Commission, the Chairman and members of the Commission, the General Counsel, and other officers and components of the Commission—which functions officers, components, and personnel are excepted from the transfer to the Administrator by section 104(c) of this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">(g) </num> <chapeau class="inline">In addition to other functions and personnel transferred to the <sidenote><p class="firstIndent1 fontsize8">Additional transfers.</p></sidenote> Commission, there are also transferred to the (Commission—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the functions of the Atomic Safety and Licensing Board Panel and the Atomic Safety and Licensing Appeal Board;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>such personnel as the Director of the Office of Management and Budget determines are necessary for exercising responsibili-<page identifier="/us/stat/88/1244">88 <inline class="smallCaps">Stat</inline>. 1244</page>ties under section 205, relating to, research, for the purpose of confirmatory assessment relating to licensing and other regulation under the provisions of the Atomic Energy Act of 1954, as<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2011">42 USC 2011 note</ref>.</p></sidenote> amended, and of this Act.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">licensing and related regulatory functions respecting selected administration facilities</heading> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <chapeau class="inline">Notwithstanding the exclusions provided for in section<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5842">42 USC 5842</ref>.</p></sidenote> 110 a. or any other provisions of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2140(a)), the Nuclear Regulatory Commission shall, except as otherwise specifically provided by section 110 b. of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2140(b)), or other law, have licensing and related regulatory authority pursuant to chapters 6, 7, 8, and 10 of the Atomic Energy Act of 1954, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2071/2091/2111/2131">42 USC 2071, 2091, 2111, 2131</ref>.</p></sidenote> amended, as to the following facilities of the Administration:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Demonstration Liquid Metal Fast Breeder reactors when operated as part of the power generation facilities of an electric utility system, or when operated in any other manner for the purpose of demonstrating the suitability for commercial application of such a reactor.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Other demonstration nuclear reactors—except those in existence on the effective date of this Act—when operated as part of the power generation facilities of an electric utility system, or when operated in any other manner for the purpose of demonstrating the suitability for commercial application of such a reactor.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Facilities used primarily for the receipt and storage of high-level radioactive wastes resulting from activities licensed under such Act.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Retrievable Surface Storage Facilities and other facilities authorized for the express purpose of subsequent long-term storage of high-level radioactive waste generated by the Administration, which are not used for, or are part of, research and development activities.</content> </paragraph> </section> </section> <section> <heading class="smallCaps centered">office of nuclear reactor regulation</heading> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <subsection class="inline"> <num value="a">(a) </num> <content>There is hereby established in the Commission an <sidenote><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5843">42 USC 5843</ref>.</p><p class="firstIndent1 fontsize8">Director.</p></sidenote> Office of Nuclear Reactor Regulation under the direction of a Director of Nuclear Reactor Regulation, who shall be appointed by the Commission, who may report directly to the Commission, as provided in section 209, and who shall serve at the pleasure of and be removable by the Commission.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">Subject to the provisions of this Act, the Director of Nuclear<sidenote><p class="firstIndent1 fontsize8">Functions.</p></sidenote> Reactor Regulation shall perform such functions as the Commission shall delegate including:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Principal licensing and regulation involving all facilities, and materials licensed under the Atomic Energy Act of 1954, as<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2011">42 USC 2011 note</ref>.</p></sidenote> amended, associated with the construction and operation of nuclear reactors licensed under the Atomic Energy Act of 1954, as amended;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">Review the safety and safeguards of all such facilities, materials, and activities, and such review functions shall include, but not be limited to—</chapeau> <page identifier="/us/stat/88/1245">88 <inline class="smallCaps">Stat</inline>. 1245</page> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>monitoring, testing and recommending upgrading of systems designed to prevent substantial health or safety hazards; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>evaluating methods of transporting special nuclear and other nuclear materials and of transporting and storing high-level radioactive wastes to prevent radiation hazards to employees and the general public.</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Recommend research necessary for the discharge of the functions of the Commission.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Nothing in this section shall be construed to limit in any way the functions of the Administration relating to the safe operation of all facilities resulting from all activities within the jurisdiction of the Administration pursuant to this Act.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">office of nuclear material safety and safeguards</heading> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <subsection class="inline"> <num value="a">(a) </num> <content>There is hereby established in the Commission an <sidenote><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5844">42 USC 5844</ref>.</p></sidenote> Office of Nuclear Material Safety and Safeguards under the direction of a Director of Nuclear Material Safety and Safeguards, who shall <sidenote><p class="firstIndent1 fontsize8">Director.</p></sidenote> be appointed by the Commission, who may report directly to the Commission as provided in section 209, and who shall serve at the pleasure of and be removable by the Commission.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">Subject to the provisions of this Act, the Director of Nuclear <sidenote><p class="firstIndent1 fontsize8">Functions.</p></sidenote> Material Safety and Safeguards shall perform such functions as the Commission shall delegate including:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Principal licensing and regulation involving all facilities and materials, licensed under the Atomic Energy Act of 1954, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2011">42 USC 2011 note</ref>.</p></sidenote> amended, associated with the processing, transport, and handling of nuclear materials, including the provision and maintenance of safeguards against threats, thefts, and sabotage of such licensed facilities, and materials.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">Review safety and safeguards of all such facilities and materials licensed under the Atomic Energy Act of 1954, as amended, and such review shall include, but not be limited to—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>monitoring, testing, and recommending upgrading of internal accounting systems for special nuclear and other nuclear materials licensed under the Atomic Energy Act of 1954, as amended;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>developing, in consultation and coordination with the Administration, contingency plans for dealing with threats, thefts, and sabotage relating to special nuclear materials, high-level radioactive wastes and nuclear facilities resulting from all activities licensed under the Atomic Energy Act of 1954, as amended;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content>assessing the need for, and the feasibility of, establishing a security agency within the office for the performance of the safeguards functions, and a report with recommendations <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> on this matter shall be prepared within one year of the effective date of this Act and promptly transmitted to the Congress by the Commission.</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Recommending research to enable the Commission to more effectively perform its functions.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Nothing in this section shall be construed to limit in any way the functions of the Administration relating to the safeguarding of special nuclear materials, high-level radioactive wastes and nuclear<page identifier="/us/stat/88/1246">88 <inline class="smallCaps">Stat</inline>. 1246</page> facilities resulting from all activities within the jurisdiction of the Administration pursuant to this Act.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">office of nuclear regulatory research</heading> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <subsection class="inline"> <num value="a">(a) </num> <content>There is hereby established in the Commission an<sidenote><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5845">42 USC 5845</ref>.</p><p class="firstIndent1 fontsize8">Director.</p></sidenote> Office of Nuclear Regulatory Research under the direction of a Director of Nuclear Regulatory Research, who shall be appointed by the Commission, who may report directly to the Commission as provided in section 209, and who shall serve at the pleasure of and be removable by the Commission.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">Subject to the provisions of this Act, the Director of Nuclear Regulatory Research shall perform such functions as the Commission shall delegate including:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Developing recommendations for research deemed necessary for performance by the Commission of its licensing and related regulatory functions.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Engaging in or contracting for research which the Commission deems necessary for the performance of its licensing and related regulatory functions.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <chapeau class="inline">The Administrator of the Administration and the head of<sidenote><p class="firstIndent1 fontsize8">Cooperation of Federal agencies.</p></sidenote> every other Federal agency shall—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>cooperate with respect to the establishment of priorities for the furnishing of such research services as requested by the Commission for the conduct of its functions;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>furnish to the Commission, on a reimbursable basis, through their own facilities or by contract or other arrangement, such research services as the Commission deems necessary and requests for the performance of its functions; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>consult and cooperate with the Commission on research and development matters of mutual interest and provide such information and physical access to its facilities as will assist the Commission in acquiring the expertise necessary to perform its licensing and related regulatory functions.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content>Nothing in subsections (a) and (b) of this section or section 201 of this Act shall be construed to limit in any way the functions of the Administration relating to the safety of activities within the jurisdiction of the Administration.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content>Each Federal agency, subject to the provisions of existing law,<sidenote><p class="firstIndent1 fontsize8">Information and research services.</p></sidenote> shall cooperate with the Commission and provide such information and research services, on a reimbursable basis, as it may have or be reasonably able to acquire.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">noncompliance</heading> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Any individual director, or responsible officer of a<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5846">42 USC 5846</ref>.</p></sidenote> firm constructing, owning, operating, or supplying the components of any facility or activity which is licensed or otherwise regulated pursuant to the Atomic Energy Act of 1954 as amended, or pursuant to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2011">42 USC 2011 note</ref>.</p></sidenote> this Act, who obtains information reasonably indicating that such facility or activity or basic components supplied to such facility or activity—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>fails to comply with the Atomic Energy Act of 1954, as amended, or any applicable rule, regulation, order, or license of the Commission relating to substantial safety hazards, or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>contains a defect which could create a substantial safety hazard, as defined by regulations which the Commission shall promulgate,<page identifier="/us/stat/88/1247">88 <inline class="smallCaps">Stat</inline>. 1247</page> shall immediately notify the Commission of such failure to comply, or of such defect, unless such person has actual knowledge that the Commission has been adequately informed of such defect or failure to comply.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Any person who knowingly and consciously fails to provide <sidenote><p class="firstIndent1 fontsize8">Penalty.</p></sidenote> the notice required by subsection (a) of this section shall be subject to a civil penalty in an amount equal to the amount provided by section 234 of the Atomic Energy Act of 1954, as amended. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2282">42 USC 2282</ref>.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The requirements of this section shall be prominently posted <sidenote><p class="firstIndent1 fontsize8">Posting of requirements.</p></sidenote> on the premises of any facility licensed or otherwise regulated pursuant to the Atomic Energy Act of 1954, as amended. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2011">42 USC 2011 note</ref>.</p><p class="firstIndent1 fontsize8">Enforcements.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content>The Commission is authorized to conduct such reasonable inspections and other enforcement activities as needed to insure compliance with the provisions of this section.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">nuclear energy center site survey</heading> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>The Commission is authorized and directed to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5847">42 USC 5847</ref>.</p></sidenote> make or cause to be made under its direction, a national survey, which shall include consideration of each of the existing or future electric reliability regions, or other appropriate regional areas, to locate and identify possible nuclear energy center sites. This survey shall be <sidenote><p class="firstIndent1 fontsize8">Federal-state-local cooperation.</p></sidenote> conducted in cooperation with other interested Federal, State, and local agencies, and the views of interested persons, including electric utilities, citizens’ groups, and others, shall be solicited and considered.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>For purposes of this section, the term “nuclear energy center <sidenote><p class="firstIndent1 fontsize8">Definition.</p></sidenote> site” means any site, including a site not restricted to land, large enough to support utility operations or other elements of the total nuclear fuel cycle, or both including, if appropriate, nuclear fuel reprocessing facilities, nuclear fuel fabrication plants, retrievable nuclear waste storage facilities, and unranium enrichment facilities.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">The survey shall include—</chapeau> <level> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content>a regional evaluation of natural resources, including land, air, and water resources, available for use in connection with nuclear energy center sites; estimates of future electric power requirements that can be served by each nuclear energy center site; an assessment of the economic impact of each nuclear energy site; and consideration of any other relevant factors, including but not limited to population distribution, proximity to electric load centers and to other elements of the fuel cycle, transmission line rights-of-way, and the availability of other fuel resources;</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>an evaluation of the environmental impact likely to result from construction and operation of such nuclear energy centers, including an evaluation whether such nuclear energy centers will result in greater or lesser environmental impact than separate siting of the reactors and/or fuel cycle facilities; and</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>consideration of the use of federally owned property and other property designated for public use, but excluding national parks, national forests, national wilderness areas, and national historic monuments.</content> </subsection> </level> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>A report of the results of the survey shall be published and <sidenote><p class="firstIndent1 fontsize8">Report to Congress and Council on Environmental Quality; public availability.</p></sidenote> transmitted to the Congress and the Council on Environmental Quality not later than one year from the date of the enactment of this Act and shall be made available to the public, and shall be updated from time to time thereafter as the Commission, in its discretion, deems advisable. The report shall include the Commission’s evaluation of the results of the survey and any conclusions and recommendations, including recommendations for legislation, which the Commission may have concerning the feasibility and practicality of locating nuclear power reactors and/or other elements of the nuclear fuel cycle<page identifier="/us/stat/88/1248">88 <inline class="smallCaps">Stat</inline>. 1248</page> on nuclear energy center sites. The Commission is authorized to adopt policies which will encourage the location of nuclear power reactors and related fuel cycle facilities on nuclear energy center sites insofar as practicable.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">abnormal occurrence reports</heading> <section class="firstIndent1 fontsize10"> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num> <chapeau class="inline">The Commission shall submit to the Congress each quarter<sidenote><p class="firstIndent1 fontsize8">Reports to Congress.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5848">42 USC 5848</ref>.</p></sidenote> a report listing for that period any abnormal occurrences at or associated with any facility which is licensed or otherwise regulated pursuant to the Atomic Energy Act of 1954 as amended, or pursuant to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2011">42 USC 2011 note</ref>.</p></sidenote> this Act. For the purposes of this section an abnormal occurrence is an unscheduled incident or event which the Commission determines is significant from the standpoint of public health or safety. Nothing in the preceding sentence shall limit the authority of a court to review the determination of the Commission. Each such report shall contain—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the date and place of each occurrence;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the nature and probable consequence of each occurrence;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the cause or causes of each; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>any action taken to prevent reoccurrence;</content> </paragraph> <continuation class="inline">the Commission shall also provide as wide dissemination to the public<sidenote><p class="firstIndent1 fontsize8">Public dissemination of information.</p></sidenote> of the information specified in clauses (1) and (2) of this section as reasonably possible within fifteen days of its receiving information of each abnormal occurrence and shall provide as wide dissemination to the public as reasonably possible of the information specified in clauses (3) and (4) as soon as such information becomes available to it.</continuation> </section> </section> <section> <heading class="smallCaps centered">other officers</heading> <section class="firstIndent1 fontsize10"> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Commission shall appoint an Executive Director<sidenote><p class="firstIndent1 fontsize8">Executive Director.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5849">42 USC 5849</ref>.</p></sidenote> for Operations, who shall serve at the pleasure of and be removable by the Commission.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The Executive Director shall perform such functions as the<sidenote><p class="firstIndent1 fontsize8">Functions.</p></sidenote> Commission may direct, except that the Executive Director shall not limit the authority of the director of any component organization provided in this Act to communicate with or report directly to the Commission when such director of a component organization deems it necessary to carry out his responsibilities.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>There shall be in the Commission not more than five additional<sidenote><p class="firstIndent1 fontsize8">Other officers.</p></sidenote> officers appointed by the Commission. The positions of such officers shall be considered career positions and be subject to subsection 161 d. of the Atomic Energy Act.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2201">42 USC 2201</ref>.</p></sidenote></content> </subsection> </section> </section> <num value="III">TITLE III—</num> <heading class="inline">MISCELLANEOUS AND TRANSITIONAL PROVISIONS</heading> <section> <heading class="smallCaps centered">transitional provisions</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Except as otherwise provided in this Act, whenever<sidenote><p class="firstIndent1 fontsize8">Lapses of agencies and positions.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5871">42 USC 5871</ref>.</p></sidenote> all of the functions or programs of an agency, or other body, or any component thereof, affected by this Act, have been transferred from that agency, or other body, or any component thereof by this Act, the agency, or other body, or component thereof shall lapse. If an agency, or other body, or any component thereof, lapses pursuant to the preceding sentence, each position and office therein which was expressly authorized by law, or the incumbent of which was authorized to receive compensation at the rate prescribed for an office or position at level II, III, IV, or V of the Executive Schedule (5 U.S.C. 5313–5316), shall lapse.</content> </subsection> <page identifier="/us/stat/88/1249">88 <inline class="smallCaps">Stat</inline>. 1249</page> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>which have been issued, made, granted, or allowed to become effective by the President, any Federal department or agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this Act, and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>which are in effect at the time this Act takes effect,</content> </paragraph> <continuation class="inline">shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked by the President, the Administrator, the Commission, or other authorized officials, a court of competent jurisdiction, or by operation of law.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The provisions of this Act shall not affect any proceeding pending, at the time this section takes effect, before the Atomic Energy Commission or any department or agency (or component thereof) functions of which are transferred by this Act; but such proceedings, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued if this Act had not been enacted.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <chapeau class="inline">Except as provided in subsection (f)—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the provisions of this Act shall not affect suits commenced prior to the date this Act takes effect, and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in all such suits proceedings shall be had, appeals taken, and judgments rendered, in the same manner and effect as if this Act had not been enacted.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content>No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of any department or agency, functions of which are transferred by this Act, shall abate by reason of the enactment of this Act. No cause of action by or against any department or agency, functions of which are transferred by this Act, or by or against any officer thereof in his official capacity shall abate by reason of the enactment of this Act. Causes of actions, suits, actions, or other proceedings may be asserted by or against the United States or such official as may be appropriate and, in any litigation pending when this section takes effect, the court may at any time, on its own motion or that of any party, enter any order which will give effect to the provisions of this section.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <content>If, before the date on which this Act takes effect, any department or agency, or officer thereof in his official capacity, is a party to a suit, and under this Act any function of such department, agency, or officer is transferred to the Administrator or Commission, or any other official, then such suit shall be continued as if this Act had not been enacted, with the Administrator or Commission, or other official, as the case may be, substituted.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">(g) </num> <content>Final orders and actions of any official or component in the performance of functions transferred by this Act shall be subject to judicial review to the same extent and in the same manner as if such orders or actions had been made or taken by the officer, department, agency, or instrumentality in the performance of such functions immediately preceding the effective date of this Act. Any statutory requirements relating to notices, hearings, action upon the record, or administrative review that apply to any function transferred by<page identifier="/us/stat/88/1250">88 <inline class="smallCaps">Stat</inline>. 1250</page> this Act shall apply to the performance of those functions by the Administrator or Commission, or any officer or component.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">(h) </num> <content>With respect to any function transferred by this Act and performed after the effective date of this Act, reference in any other law to any department or agency, or any officer or office, the functions of which are so transferred, shall be deemed to refer to the Administration, the Administrator or Commission, or other office or official in which this Act vests such functions.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content>Nothing contained in this Act shall be construed to limit, curtail, abolish, or terminate any function of the President which he had immediately before the effective date of this Act; or to limit, curtail, abolish, or terminate his authority to perform such function; or to limit, curtail, abolish, or terminate his authority to delegate, redelegate, or terminate any delegation of functions.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="j">(j) </num> <content>Any reference in this Act to any provision of law shall be deemed to include, as appropriate, references thereto as now or hereafter amended or supplemented.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="k">(k) </num> <content>Except as may be otherwise expressly provided in this Act, all functions expressly conferred by this Act shall be in addition to and not in substitution for functions existing immediately before the effective date of this Act and transferred by this Act.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">transfer of personnel and other matters</heading> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Except as provided in the next sentence, the personnel<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5872">42 USC 5872</ref>.</p></sidenote> employed in connection with, and the personnel positions, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to or to be made available in connection with the functions and programs transferred by this Act, are, subject to section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c), correspondingly transferred for appropriate allocation. Personnel positions expressly created by law, personnel occupying those positions on the effective date of this Act, and personnel authorized to receive compensation at the rate prescribed for offices and positions at levels II, III, IV, or V of the Executive Schedule (5 U.S.C. 5313–5316) on the effective date of this Act shall be subject to the provisions of subsection (c) of this section and section 301 of this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Except as provided in subsection (c), transfer of nontemporary personnel pursuant to this Act shall not cause any such employee to be separated or reduced in grade or compensation for one year after such transfer.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Any person who, on the effective date of this Act, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5 of the United States Code, and who, without<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5301">5 USC 5301</ref>.</p></sidenote> a break in service, is appointed in the Administration to a position having duties comparable to those performed immediately preceding his appointment shall continue to be compensated in his new position at not less than the rate provided for his previous position.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">incidental dispositions</heading> <section class="firstIndent1 fontsize10"> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <content>The Director of the Office of Management and Budget is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5873">42 USC 5873</ref>.</p></sidenote> authorized to make such additional incidental dispositions of personnel, personnel positions, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to or to be<page identifier="/us/stat/88/1251">88 <inline class="smallCaps">Stat</inline>. 1251</page> made available in connection with functions transferred by this Act, as he may deem necessary or appropriate to accomplish the intent and purpose of this Act.</content> </section> </section> <section> <heading class="smallCaps centered">definitions</heading> <section class="firstIndent1 fontsize10"> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num> <chapeau class="inline">As used in this Act—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5874">42 USC 5874</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>any reference to “function” or “functions” shall be deemed to include references to duty, obligation, power, authority, responsibility, right, privilege, and activity, or the plural thereof, as the case may be; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>any reference to “perform” or “performance”, when used in relation to functions, shall be deemed to include the exercise of power, authority, rights, and privileges.</content> </paragraph> </section> </section> <section> <heading class="smallCaps centered">authorization of appropriations</heading> <section class="firstIndent1 fontsize10"> <num value="305"><inline class="smallCaps">Sec</inline>. 305. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Except as otherwise provided by law, appropriations <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5875">42 USC 5875</ref>.</p></sidenote> made under this Act shall be subject to annual authorization.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Authorization of appropriations to the Commission shall reflect the need for effective licensing and other regulation of the nuclear power industry in relation to the growth of such industry.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">comptroller general audit</heading> <section class="firstIndent1 fontsize10"> <num value="306"><inline class="smallCaps">Sec</inline>. 306. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 166. “Comptroller General Audit” of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5876">42 USC 5876</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2206">42 USC 2206</ref>.</p></sidenote> Atomic Energy Act of 1954, as amended, shall be deemed to be applicable, respectively, to the nuclear and nonnuclear activities under title I and to the activities under title II. <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 1234, 1242.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">The Comptroller General of the United States shall audit, review, and evaluate the implementation of the provisions of title II of this Act by the Nuclear Safety and Licensing Commission not later than sixty months after the effective date of this Act, the Comptroller General shall prepare and submit to the Congress a report on his audit, which shall contain, but not be limited to—<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>an evaluation of the effectiveness of the licensing and related regulatory activities of the Commission and the operations of the Office of Nuclear Safety Research and the Bureau of Nuclear Materials Security;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>an evaluation of the effect of such Commission activities on the efficiency, effectiveness, and safety with which the activities licensed under the Atomic Energy Act of 1954, as amended, are <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2011">42 USC 2011 note</ref>.</p></sidenote> carried out;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>recommendations concerning any legislation he deems necessary, and the reasons therefor, for improving the implementation of title II.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">reports</heading> <section class="firstIndent1 fontsize10"> <num value="307"><inline class="smallCaps">Sec</inline>. 307. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Administrator shall, as soon as practicable after <sidenote><p class="firstIndent1 fontsize8">Reports to the President and Congress.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5877">42 USC 5877</ref>.</p></sidenote> the end of each fiscal year, make a report to the President for submission to the Congress on the activities of the Administration during the preceding fiscal year. Such report shall include a statement of the short-range and long-range goals, priorities, and plans of the Administration together with an assessment of the progress made toward the attainment of those objectives and toward the more effective and efficient management of the Administration and the coordination of its functions.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>During the first year of operation of the Administration, the <sidenote><p class="firstIndent1 fontsize8">Feasibility of transferring military application functions.</p></sidenote> Administrator, in collaboration with the Secretary of Defense, shall conduct a thorough review of the desirability and feasibility of trans-<page identifier="/us/stat/88/1252">88 <inline class="smallCaps">Stat</inline>. 1252</page>ferring to the Department of Defense or other Federal agencies the functions of the Administrator respecting military application and restricted data, and within one year after the Administrator first takes office the Administrator shall make a report to the President, for submission to the Congress, setting forth his comprehensive analysis, the principal alternatives, and the specific recommendations of the Administrator and the Secretary of Defense.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <chapeau class="inline">The Commission shall, as soon as practicable after the end of<sidenote><p class="firstIndent1 fontsize8">Report to President.</p></sidenote> each fiscal year, make a report to the President for submission to the Congress on the activities of the Commission during the preceding fiscal year. Such report shall include a clear statement of the short-range and long-range goals, priorities, and plans of the Commission as they relate to the benefits, costs, and risks of commercial nuclear power. Such report shall also include a clear description of the Commission’s activities and findings in the following areas—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>insuring the safe design of nuclear powerplants and other licensed facilities;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>investigating abnormal occurrences and defects in nuclear powerplants and other licensed facilities;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>safeguarding special nuclear materials at all stages of the nuclear fuel cycle;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>investigating suspected, attempted, or actual thefts of special nuclear materials in the licensed sector and developing contingency plans for dealing with such incidents;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>insuring the safe, permanent disposal of high-level radioactive wastes through the licensing of nuclear activities and facilities;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>protecting the public against the hazards of low-level radioactive emissions from licensed nuclear activities and facilities.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">information to committees</heading> <section class="firstIndent1 fontsize10"> <num value="308"><inline class="smallCaps">Sec</inline>. 308. </num> <content>The Administrator shall keep the appropriate congressional <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5878">42 USC 5878</ref>.</p></sidenote> committees fully and currently informed with respect to all of the Administration’s activities.</content> </section> </section> <section> <heading class="smallCaps centered">transfer of funds</heading> <section class="firstIndent1 fontsize10"> <num value="309"><inline class="smallCaps">Sec</inline>. 309. </num> <content>The Administrator, when authorized in an appropriation<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5879">42 USC 5879</ref>.</p></sidenote> Act, may, in any fiscal year, transfer funds from one appropriation to another within the Administration; except, that no appropriation shall be either increased or decreased pursuant to this section by more than 5 per centum of the appropriation for such fiscal year.</content> </section> </section> <section> <heading class="smallCaps centered">conforming amendments to certain other laws</heading> <section class="firstIndent1 fontsize10"> <num value="310"><inline class="smallCaps">Sec</inline>. 310. </num> <chapeau class="inline">Subchapter II (relating to Executive Schedule pay rates) of chapter 53 of title 5, United States Code, is amended as follows:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Section 5313 is amended by striking out “<quotedText>(8) Chairman,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5313">5 USC 5313</ref>.</p></sidenote> Atomic Energy Commission.</quotedText>” and inserting in lieu thereof “<quotedText>(8) Chairman, Nuclear Regulatory Commission.</quotedText>”, and by adding at the end thereof the following: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="22">“(22) </num> <content class="inline">Administrator of Energy Research and Development Administration.”.</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 5314 is amended by striking out “<quotedText>(42) Members,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5314">5 USC 5314</ref>.</p></sidenote> Atomic Energy Commission.</quotedText>” and inserting in lieu thereof “<quotedText>(42) Members, Nuclear Regulatory Commission.</quotedText>”, and by adding at the end thereof the following: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="60">“(60) </num> <content>Deputy Administrator, Energy Research and Development Administration.”.</content> </paragraph> </quotedContent> </content> </paragraph> <page identifier="/us/stat/88/1253">88 <inline class="smallCaps">Stat</inline>. 1253</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Section 5315 is amended by striking out paragraph (50), <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5315">5 USC 5315</ref>.</p></sidenote> and by adding at the end thereof the following: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="100">“(100) </num> <content>Assistant Administrators, Energy Research and Development Administration (6).</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="101">“(101) </num> <content>Director of Nuclear Reactor Regulation, Nuclear Regulatory Commission.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="102">“(102) </num> <content>Director of Nuclear Material Safety and Safeguards, Nuclear Regulatory Commission.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="103">“(103) </num> <content>Director of Nuclear Regulatory Research, Nuclear Regulatory Commission.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="104">“(104) </num> <content>Executive Director for Operations, Nuclear Regulatory Commission.”</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Section 5316 is amended by striking out paragraphs (29), <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5316">5 USC 5316</ref>.</p></sidenote> (62), (69), and (102), by striking out “<quotedText>(81) General Counsel of the Atomic Energy Commission,</quotedText>” and inserting in lieu thereof “(81) General Counsel of the Nuclear Regulatory Commission.”, and by adding at the end thereof the following: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="134">“(134) </num> <content>General Counsel, Energy Research and Development Administration.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="135">“(135) </num> <content>Additional officers. Energy Research and Development Administration (8).</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="136">“(136) </num> <content>Additional officers. Nuclear Regulatory Commission (5).”.</content> </paragraph> </quotedContent> </content> </paragraph> </section> </section> <section> <heading class="smallCaps centered">separability</heading> <section class="firstIndent1 fontsize10"> <num value="311"><inline class="smallCaps">Sec</inline>. 311. </num> <content>If any provision of this Act, or the application thereof <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5801">42 USC 5801 note</ref>.</p></sidenote> to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.</content> </section> </section> <section> <heading class="smallCaps centered">effective date and interim appointments</heading> <section class="firstIndent1 fontsize10"> <num value="312"><inline class="smallCaps">Sec</inline>. 312. </num> <subsection class="inline"> <num value="a">(a) </num> <content>This Act shall take effect one hundred and twenty <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5801">42 USC 5801 note</ref>.</p></sidenote> days after the date of its enactment, or on such earlier date as the President may prescribe and publish in the Federal Register; except <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> that any of the officers provided for in title I of this Act may be nominated and appointed, as provided by this Act, at any time after the date of enactment of this Act. Funds available to any department or agency (or any official or component thereof), any functions of which are transferred to the Administrator and the Commission by this Act, may, with the approval of the President, be used to pay the compensation and expenses of any officer appointed pursuant to this subsection until such time as funds for that purpose are otherwise available.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>In the event that any officer required by this Act to be appointed by and with the advice and consent of the Senate shall not have entered upon office on the effective date of this Act, the President may designate any officer, whose appointment was required to be made by and with the advice and consent of the Senate and who was such an officer immediately prior to the effective date of this Act, to act in such office until the office is filled as provided in this Act. While so acting, such persons shall receive compensation at the rates provided by this Act for the respective offices in which they act.</content> </subsection> </section> </section> 88 Stat. 1254 <num value="IV">TITLE IV—</num> <heading class="inline">SEX DISCRIMINATION</heading> <section> <heading class="smallCaps centered">sex discrimination prohibited</heading> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <content>No person shall on the ground of sex be excluded from<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5891">42 USC 5891</ref>.</p></sidenote> participation in, be denied a license under, be denied the benefits of, or be subjected to discrimination under any program or activity carried on or receiving Federal assistance under any title of this Act. This provision will be enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination, under title VI of the Civil Rights Act of 1964. However,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2000d">42 USC 2000d</ref>.</p></sidenote> this remedy is not exclusive and will not prejudice or cut off any other legal remedies available to a discriminatee.</content> </section> </section> Approved October 11, 1974.
Public Law 93–439: To authorize the establishment of the Big Thicket National Preserve in the State of Texas, and for other purposes. Public Law 439 88 Stat. 1254 1974-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–439
An Act To authorize the establishment of the Big Thicket National Preserve in the State of Texas, and for other purposes.

October 11, 1974

[H.R. 11546]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) in order to

Big Thicket National Preserve, Tex.

Establishment.

16 USC 698.

 assure the preservation, conservation, and protection of the natural, scenic, and recreational values of a significant portion of the Big Thicket area in the State of Texas and to provide for the enhancement and public enjoyment thereof, the Big Thicket National Preserve is hereby established. (b) The Big Thicket National Preserve (hereafter referred to as

Map and description, filing.

 the “preserve”) shall include the units generally depicted on the map entitled “Big Thicket National Preserve”, dated November 1978 and numbered NBR–BT 91,027 which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior, Washington, District of Columbia, and shall be filed with appropriate offices of Tyler, Hardin, Jasper, Polk, Liberty, Jefferson, and Orange Counties in the State of Texas. The Secretary

Publication in Federal Register.

 of the Interior (hereafter referred to as the “Secretary”) shall, as soon as practicable, but no later than six months after the date of enactment of this Act, publish a detailed description of the boundaries of the preserve in the Federal Register. In establishing such boundaries, the Secretary shall locate stream corridor unit boundaries referenced from the stream bank on each side thereof and he shall further make every reasonable effort to exclude from the units hereafter described any improved year-round residential properties which he determines, in his discretion, are not necessary for the protection of the values of the area or for its proper administration. The preserve shall consist of the following units:

Big Sandy Creek unit, Polk County, Texas, comprising approximately fourteen thousand three hundred acres;

88 Stat. 1255

Menard Creek Corridor unit, Polk, Hardin, and Liberty Counties, Texas, including a module at its confluence with the Trinity River, comprising approximately three thousand three hundred and fifty-nine acres;

Hickory Creek Savannah unit, Tyler County, Texas, comprising approximately six hundred and sixty-eight acres;

Turkey Creek unit, Tyler and Hardin Counties, Texas, comprising approximately seven thousand eight hundred acres;

Beech Creek unit, Tyler County, Texas, comprising approximately four thousand eight hundred and fifty-six acres;

Upper Neches River corridor unit, Jasper, Tyler, and Hardin Counties, Texas, including the Sally Withers Addition, comprising approximately three thousand seven hundred and seventy-five acres;

Neches Bottom and Jack Gore Baygall unit, Hardin and Jasper Counties, Texas, comprising approximately thirteen thousand three hundred acres;

Lower Neches River corridor unit, Hardin, Jasper, and Orange Counties, Texas, except for a one-mile segment on the east side of the river including the site of the papermill near Evadale, comprising approximately two thousand six hundred acres;

Beaumont unit, Orange, Hardin, and Jefferson Counties, Texas, comprising approximately six thousand two hundred and eighteen acres;

Loblolly unit, Liberty County, Texas, comprising approximately five hundred and fifty acres;

Little Pine Island-Pine Island Bayou corridor unit, Hardin and Jefferson Counties, Texas, comprising approximately two thousand one hundred acres; and

Lance Rosier Unit, Hardin County, Texas, comprising approximately twenty-five thousand and twenty-four acres.

 (c) The Secretary is authorized to acquire by donation, purchase

Land acquisition.

 with donated or appropriated funds, transfer from any other Federal agency, or exchange, any lands, waters, or interests therein which are located within the boundaries of the preserve: Provided, That any lands owned or acquired by the State of Texas, or any of its political subdivisions, may be acquired by donation only. After notifying the

Notice to congressional committees.

 Committees on Interior and Insular Affairs of the United States Congress, in writing, of his intention to do so and of the reasons therefor, the Secretary may, if he finds that such lands would make a significant contribution to the purposes for which the preserve was created, accept title to any lands, or interests in lands, located outside of the boundaries of the preserve which the State of Texas or its political subdivisions may acquire and offer to donate to the United States or which any private person, organization, or public or private corporation may offer to donate to the United States and he may administer such lands as a part of the preserve after publishing notice to that effect in the

Publication in Federal Register.

 Federal Register. Notwithstanding any other provision of law, any federally owned lands within the preserve shall, with the concurrence88 Stat. 1256 of the head of the administering agency, be transferred to the administrative jurisdiction of the Secretary for the purposes of this Act, without transfer of funds.
Sec. 2. (a) The Secretary shall, immediately after the publication of

Acquisition negotiations.

16 USC 698a.

 the boundaries of the preserve, commence negotiations for the acquisition of the lands located therein: Provided, That he shall not acquire the mineral estate in any property or existing easements for public utilities, pipelines or railroads without the consent of the owner unless, in his judgment, he first determines that such property or estate is subject to, or threatened with, uses which are, or would be, detrimental to the purposes and objectives of this Act: Provided further, That the Secretary, insofar as is reasonably possible, may avoid the acquisition of improved properties, as defined in this Act, and shall make every effort to minimize the acquisition of land where he finds it necessary to acquire properties containing improvements. (b) Without one year after the date of the enactment of this Act,

Land acquisition plan, submittal to congressional committees.

 the secretary shall submit, in writing, to the Committee on Interior and Insular Affairs and to the Committees on Appropriations of the United States Congress a detailed plan which shall indicate: (i) the lands and areas which he deems essential to the protection and public enjoyment of this preserve, (ii) the lands which he has previously acquired by purchase, donation, exchange or transfer for administration for the purpose of this preserve, and (iii) the annual acquisition program (including the level of funding) which he recommends for the ensuing five fiscal years. (c) It is the express intent of the Congress that the Secretary

Completion date.

 should substantially complete the land acquisition program contemplated by this Act within six years after the date of its enactment.
Sec. 3. (a) The owner of an improved property on the date of its

Property owners, retention rights.

16 USC 698b.

 acquisition by the Secretary may, as a condition of such acquisition, retain for himself and his heirs and assigns a right of use and occupancy of the improved property for noncommercial residential purposes for a definite term of not more than twenty-five years or, in lieu thereof, for a term ending at the death of the owner or the death of his spouse, whichever is later. The owner shall elect the term to be reserved. Unless this property is wholly or partially donated to the United States, the Secretary shall pay the owner the fair market value of the property on the date of acquisition less the fair market value, on that date, of the right retained by the owner. A right retained pursuant to this section shall be subject to termination by the Secretary upon his determination that it is being exercised in a manner inconsistent with the purposes of this Act, and it shall terminate by operation of law upon the Secretary’s notifying the holder of the right of such determination and tendering to him an amount equal to the fair market value of that portion of the right which remains unexpired. (b) As used in this Act, the term “improved property” means a

“Improved property.”

 detached, one-family dwelling, construction of which was begun before July 1, 1973, which is used for noncommercial residential purposes, together with not to exceed three acres of land on which the dwelling is situated and together with such additional lands or interests therein as the Secretary deems to be reasonably necessary for access thereto, such lands being in the same ownership as the dwelling, together with any structures accessory to the dwelling which are situated on such land. (c) Whenever an owner of property elects to retain a right of use

Waiver.

 and occupancy as provided in this section, such owner shall be deemed to have waived any benefits or rights accruing under sections 203, 204, 205, and 206 of the Uniform Relocation Assistance and Real Property88 Stat. 1257 Acquisition Policies Act of 1970 (84 Stat. 1894), and for the purposes

42 USC 4623–4626.

42 USC 4601.

 of such sections such owner shall not be considered a displaced person as defined in section 101 (6) of such Act.
Sec. 4. (a) The area within the boundaries depicted on the map

Administration.

16 USC 698c.

 referred to in section 1 shall be known as the Big Thicket National Preserve. Such lands shall be administered by the Secretary as a unit of the National Park System in a manner which will assure their natural and ecological integrity in perpetuity in accordance with the provisions of this Act and with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4), as amended and supplemented. (b) In the interest of maintaining the ecological integrity of the

Public use facilities, construction limitation.

 preserve, the Secretary shall limit the construction of roads, vehicular campgrounds, employee housing, and other public use and administrative facilities and he shall promulgate and publish such rules and regulations in the Federal Register as he deems necessary and appropriate

Rules and regulations, publication in Federal Register.

 to limit and control the use of, and activities on, Federal lands and waters with respect to: (1) motorized land and water vehicles; (2) exploration for, and extraction of, oil, gas, and other minerals; (3) new construction of any kind; (4) grazing and agriculture; and (5) such other uses as the Secretary determines must be limited or controlled in order to carry out the purposes of this Act. (c) The Secretary shall permit hunting, fishing, and trapping on

Hunting, fishing, and trapping.

 lands and waters under his jurisdiction within the preserve m accordance with the applicable laws of the United States and the State of Texas, except that he may designate zones where and periods when, no hunting, fishing, trapping, or entry may be permitted for reasons of public safety, administration, floral and faunal protection and management, or public use and enjoyment. Except in emergencies, any regulations prescribing such restrictions relating to hunting, fishing, or trapping shall be put into effect only after consultation with the appropriate State agency having jurisdiction over hunting, fishing, and trapping activities.
Sec. 5. Within five years from the date of enactment of this Act,

Preserve review, report to President.

16 USC 698d.

 the Secretary shall review the area within the preserve and shall report to the President, in accordance with section 3 (c) and (d) of the Wilderness Act (78 Stat. 891; 16 U.S.C. 1132 (c) and (d)), his recommendations as to the suitability or nonsuitability of any area within the preserve for preservation as wilderness, and any designation of any such areas as a wilderness shall be accomplished in accordance with said subsections of the Wilderness Act.
Sec. 6. There are authorized to be appropriated such sums as may

16 USC 1131 note.

Appropriation.

16 USC 698e.

 be necessary to carry out the provisions of this Act, but not to exceed $63,812,000 for the acquisition of lauds and interests in lands and not to exceed $7,000,000 for development.
Approved October 11, 1974.
Public Law 93–440: To establish the Big Cypress National Preserve in the State of Florida, and for other purposes. Public Law 440 88 Stat. 1258 1974-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 1258 Public Law 93–440
An Act To establish the Big Cypress National Preserve in the State of Florida, and for other purposes.

October 11, 1974

[H. R. 10088]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) in order

Big Cypress National Preserve, Fla.

Establishment.

16 USC 698f.

 to assure the preservation, conservation, and protection of the natural, scenic, hydrologic, floral and faunal, and recreational values of the Big Cypress Watershed in the State of Florida and to provide for the enhancement and public enjoyment thereof, the Big Cypress National Preserve is hereby established. (b) The Big Cypress National Preserve (hereafter referred to as

Map and description, filing.

 the “preserve”) shall comprise the area generally depicted on the map entitled “Big Cypress National Preserve”, dated November 1971 and numbered BC–91,001, which shall be on file and available for public inspection in the Offices of the National Park Service, Department of the Interior, Washington, District of Columbia, and shall be filed with appropriate offices of Collier, Monroe, and Dade Counties in the

Publication in Federal Register.

 State of Florida. The Secretary of the Interior (hereafter referred to as the “Secretary”) shall, as soon as practicable, publish a detailed description of the boundaries of the preserve in the Federal Register which shall include not more than five hundred and seventy thousand acres of land and water. (c) The Secretary is authorized to acquire by donation, purchase

Lands, waters, acquisition.

 with donated or appropriated funds, transfer from any other Federal agency, or exchange, any lands, waters, or interests therein which are located within the boundaries of the preserve: Provided, That any lands owned or acquired by the State of Florida, or any of its subdivisions, may be acquired by donation only: Provided further, That no Federal funds shall be appropriated until the Governor of Florida executes an agreement on behalf of the State which (i) provides for the transfer to the United States of all lands within the preserve previously owned or acquired by the State and (ii) provides for the donation to the United States of all lands acquired by the State within the preserve pursuant to the provision of “the Big Cypress Conservation Act of 1978” (Chapter 73–131 of the Florida Statutes) or provides for the donation to the United States of any remaining moneys appropriated pursuant to such Act for the purchase of lands within the preserve. No improved property, as defined by this Act, nor oil and gas rights, shall be acquired without the consent of the owner unless the Secretary, in his judgment, determines that such property is subject to, or threatened with, uses which are, or would be, detrimental to the purposes of the preserve. The Secretary may, if he determines that the acquisition of any other subsurface estate is not needed for the purposes of the preserve, exclude such interest in acquiring any lands within the preserve. Notwithstanding the provisions of section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894, 1904) the Secretary (i) may evaluate

42 USC 4651.

 any offer to sell land within the preserve by any landowner and may, in his discretion, accept any offer not in excess of $10,000 without an appraisal and (ii) may direct an appraisal to be made of any unimproved property within the preserve without notice to the owner or owners thereof. Notwithstanding any other provision of law, any federally owned lands within the preserve shall, with the concurrence of the head of the administering agency, be transferred to the administrative jurisdiction of the Secretary for the purposes of this Act, without transfer of funds.
88 Stat. 1259
Sec. 2. (a) In recognition of the efforts of the State of Florida in

16 USC 698g.

 the preservation of the area, through the enactment of chapter 73–131 of the Florida states, “The Big Cypress Conservation Act of 1973”, the Secretary is directed to proceed as expeditiously as possible to acquire the lands and interests in lands necessary to achieve the purposes of this Act. (b) Within one year after the date of the enactment of this Act,

Land acquisition plan, submittal to congressional committees.

 the Secretary shall submit, in writing, to the Committee on Interior and Insular Affairs and to the Committees on Appropriations of the United States Congress a detailed plan which shall indicate: (i) the lands and areas which he deems essential to the protection and public enjoyment of this preserve, (ii) the lands which he has previously acquired by purchase, donation, exchange or transfer for administration for the purpose of this preserve, and (iii) the annual acquisition program (including the level of funding) which he recommends for the ensuing five fiscal years. (c) It is the express intent of the Congress that the Secretary should

Completion date.

 substantially complete the land acquisition program contemplated by this Act within six years after the date of its enactment.
Sec. 3. (a) The owner of an improved property on the date of its acquisition by the Secretary may, as a condition of such acquisition, retain for himself and his heirs and assigns a right of use and occupancy of the improved property for a definite term of not more than twenty-five years or, in lieu thereof, for a term ending at the death of the owner or the death of his spouse, whichever is later. The owner shall elect the term to be reserved. Unless this property is wholly or partially donated to the United States, the Secretary shall pay the owner the fair market value of the property on the date of acquisition less the fair market value, on that date, of the right retained by the owner. A right retained pursuant to this section shall be subject to termination by the Secretary upon his determination that it is being exercised in a manner inconsistent with the purposes of this Act, which shall include the exercise of such right in violation of any applicable State or local laws and ordinances, and it shall terminate by operation of law upon the Secretary’s notifying the holder of the right of such determination and tendering to him an amount equal to the fair market value of that portion of the right which remains unexpired. (b) As used in this Act, the term “improved property” means:

“Improved property.”

 (i) a detached, one family dwelling, construction of which was begun before November 23, 1971, which is used for noncommercial residential purposes, together with not to exceed three acres of land on which the dwelling is situated and such additional lands as the Secretary deems reasonably necessary for access thereto, such land being in the same ownership as the dwelling, and together with any structures accessory to the dwelling which are situated on such lands and (ii) any other building, construction of which was begun before November 23, 1971, which was constructed and is used in accordance with all applicable State and local laws and ordinances, together with as much of the land on which the building is situated, such land being in the same ownership as the building, as the Secretary shall designate to be reasonably necessary for the continued enjoyment and use of the building in the same manner and to the same extent as existed in November 23, 1971, together with any structures accessory to the building which are situated on the lands so designated. In making such designation88 Stat. 1260 the Secretary shall take into account the manner of use in which the building, accessory structures, and lands were customarily enjoyed prior to November 23, 1971. (c) Whenever an owner of property elects to retain a right of use

Waiver.

 and occupancy as provided in this section, such owner shall be deemed to have waived any benefits or rights accruing under sections 203, 204, 205, and 206 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894), and for the

42 USC 4623–4626.

42 USC 4601.

 purposes of such sections such owner shall not be considered a displaced person as defined in section 101(6) of such Act.
Sec. 4. (a) The area within the boundaries depicted on the map

Administration.

16 USC 698i.

 referred to in section 1 shall be known as the Big Cypress National Preserve. Such lands shall be administered by the Secretary as a unit of the National Park System in a manner which will assure their natural and ecological integrity in perpetuity in accordance with the provisions of this Act and with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4), as amended and supplemented. (b) In administering the preserve, the Secretary shall develop and

Rules and regulations; publication in Federal Register.

 publish in the Federal Register such rules and regulations as he deems necessary and appropriate to limit or control the use of Federal lands and waters with respect to: (1) motorized vehicles, (2) exploration for and extraction of oil, gas, and other minerals, (3) grazing, (4) draining or constructing of works or structures which alter the natural water courses, (5) agriculture, (6) hunting, fishing, and trapping, (7) new construction of any kind, and (8) such other uses as the Secretary determines must be limited or controlled in order to carry out the purposes of this Act: Provided, That the Secretary shall consult and cooperate with

Transportation facilities.

 the Secretary of Transportation to assure that necessary transportation facilities shall be located within existing or reasonably expanded rights-of-way and constructed within the reserve in a manner consistent with the purposes of this Act.
Sec. 5. The Secretary shall permit hunting, fishing, and trapping

Hunting and fishing.

16 USC 698j.

 on lands and waters under his jurisdiction within the preserve in accordance with the applicable laws of the United States and the State of Florida, except that he may designate zones where and periods when no hunting, fishing, trapping, or entry may be permitted for reasons of public safety, administration, floral and faunal protection and management, or public use and enjoyment. Except in emergencies, any regulations prescribing such restrictions relating to hunting, fishing, or trapping shall be put into effect only after consultation with the appropriate State agency having jurisdiction over hunting, fishing, and trapping activities. Notwithstanding this section or any other

Miccosukee and Seminole Indian Tribes, land use, retention rights.

 provision of this Act, members of the Miccosukee Tribe of Indians of Florida and members of the Seminole Tribe of Florida shall be permitted, subject to reasonable regulations established by the Secretary, to continue their usual and customary use and occupancy of Federal or federally acquired lands and waters within the preserve, including hunting, fishing, and trapping on a subsistence basis and traditional tribal ceremonials.
Sec. 6. Notwithstanding any other provision of law, before entering

Visitor services, contracts.

16 USC 698k.

 into any contract for the provision of revenue producing visitor services. 88 Stat. 1261 (i) the Secretary shall offer those members of the Miccosukee and Seminole Indian Tribes who, on January 1, 1972, were engaged in the provision of similar services, a right of first refusal to continue providing such services within the preserve subject to such terms and conditions as he may deem appropriate, and (ii) before entering into any contract or agreement to provide new revenue-producing visitor services within the preserve, the Secretary shall offer to the Miccosukee Tribe of Indians of Florida and the Seminole Tribe of Florida the right of first refusal to provide such services, the right to be open for a period of ninety days. Should both Tribes respond with proposals that satisfy the terms and conditions established by the Secretary, the Secretary may allow the Tribes an additional period of ninety days in which to enter into an inter-Tribal cooperative agreement to provide such visitor services, but if neither tribe responds with proposals that satisfy the terms and conditions established by the Secretary, then the Secretary shall provide such visitor services in accordance with the Act of October 9, 1965 (79 Stat. 969, 16 U.S.C. 20). No such agreement may be assigned or otherwise transferred without the consent of the Secretary.
Sec. 7. Within five years from the date of the enactment of this Act,

Preserve review, report to President.

16 USC 698l.

 the Secretary shall review the area within the preserve and shall report to the President, in accordance with section 3 (c) and (d) of the Wilderness Act (78 Stat. 891; 16 U.S.C. 1132 (c) and (d)), his recommendations as to the suitability or nonsuitability of any area within the preserve for preservation as wilderness, and any designation of any such areas as a wilderness shall be accomplished in accordance with said subsections of the Wilderness Act.

16 USC 1131 note.

Appropriation.

16 USC 698m.
Sec. 8. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, but not to exceed $116,000,000 for the acquisition of lands and interests in lands and not to exceed $900,000 for development. Any funds donated to the United

Funds donated to U.S. by State of Florida, use.

 States by the State of Florida pursuant to chapter 73–131 of the Florida statutes shall be used solely for the acquisition of lands and interests in land within the preserve.
Approved October 11, 1974.
Public Law 93–441: To authorize the Secretary of the Treasury to change the alloy and weight of the one-cent piece and to amend the Bank Holding Act Amendments of 1970 to authorize grants to Eisenhower College, Seneca Falls, New York. Public Law 441 88 Stat. 1261 1974-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–441
An Act To authorize the Secretary of the Treasury to change the alloy and weight of the one-cent piece and to amend the Bank Holding Act Amendments of 1970 to authorize grants to Eisenhower College, Seneca Falls, New York.

October 11, 1974

[H.R. 16032]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 3515 of

Penny, composition change; Eisenhower College, N.Y., grants.

 the Revised Statutes (31 U.S.C. 317) is amended by inserting “(a)” immediately prior to “The minor coins” and by adding at the end thereof the following new subsections: “(b) Whenever in the judgment of the Secretary of the Treasury such action is necessary to assure an adequate supply of coins to meet the national needs, he may prescribe such composition of copper and zinc in the alloy of the one-cent piece as he may deem appropriate. Such one-cent pieces shall have such weight as may be prescribed by the Secretary. 88 Stat. 1262 “(c) (1) The Secretary of the Treasury may change the alloy of the one-cent piece to such other metallic composition as he shall determine— “(A) whenever he determines that the use of copper in the one-cent piece is not practicable; “(B) after he issues an order stating the pertinent physical properties, including content, weight, dimensions, shape, and design; and in determining such physical property takes into consideration the use of such coins in coin-operated devices; and “(C) after he notifies in writing, on the same day as the issuance of the order under subparagraph (B), the Committee on Banking and Currency of the House of Representatives and the Committee on Banking, Housing and Urban Affairs of the Senate of the contents of the determinations and orders made under paragraph (1), and a period of sixty calendar days of continuous session of Congress commencing after the date of such notification elapses. “(2) There shall be no coinage pursuant to this subsection after December 31, 1977. “(3) For purposes of this subsection— “(A) continuity of session is broken only by an adjournment of Congress sine die; and “(B) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the sixty-day period.”
Sec. 2. (a) Except as provided by subsection (b) and after receiving

31 USC 391 note.

 the assurances described in subsection (c), the Secretary of the Treasury is authorized to take one-tenth of all moneys derived from the sale of $1 proof coins minted and issued under section 101(d) of the Coinage Act of 1965 (31 U.S.C. 391(d)) and section 203 of the Bank Holding Company Act Amendments of 1970 (31 U.S.C. 324b) which bears the likeness of the late President of the United States, Dwight David Eisenhower, and transfer such amount of moneys to Eisenhower

Transfer of funds.

 College, Seneca Falls, New York. (b) For the purposes of carrying out this section, there is authorized

Appropriation.

 to be appropriated not to exceed $10,000,000. (c) Before the Secretary of the Treasury may transfer any moneys

Samuel Rayburn Library, Tex.

 to Eisenhower College under this Act, Eisenhower College must make satisfactory assurances to him that an amount equal to 10 per centum of the total amount of moneys received by Eisenhower College under this Act shall be transferred to the Samuel Rayburn Library at Bonham,

Transfer of funds.

 Texas.
Approved October 11, 1974.
Public Law 93–442: Authorizing the President to proclaim the second full week in October, 1974, as “National Legal Secretaries’ Court Observance Week”. Public Law 442 88 Stat. 1262 1974-10-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–442
Joint Resolution Authorizing the President to proclaim the second full week in October, 1974, as “National Legal Secretaries’ Court Observance Week”.

October 14, 1974

[H. J. Res. 898]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the President is hereby

National Legal Secretaries’ Court Observance Week.

Designation authorization.

 authorized and requested to issue a proclamation designating the second full week in October, 1974, as “National Legal Secretaries’ Court Observance Week”, and calling upon the people of the United States to observe such week with appropriate ceremonies and activities.
Approved October 14, 1974.
Public Law 93–443: To impose overall limitations on campaign expenditures and political contributions; to provide that each candidate for Federal office shall designate a principal campaign committee; to provide for a single reporting responsibility with respect to receipts and expenditures by certain political committees; to change the times for the filing of reports regarding campaign expenditures and political contributions; to provide for public financing of Presidential nominating conventions and Presidential primary elections; and for other purposes. Public Law 443 88 Stat. 1263 1974-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 1263 Public Law 93–443
An Act To impose overall limitations on campaign expenditures and political contributions; to provide that each candidate for Federal office shall designate a principal campaign committee; to provide for a single reporting responsibility with respect to receipts and expenditures by certain political committees; to change the times for the filing of reports regarding campaign expenditures and political contributions; to provide for public financing of Presidential nominating conventions and Presidential primary elections; and for other purposes.

October 15, 1974

[S. 3044]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may be

Federal Election Campaign Act Amendments of 1974.

2 USC 431 note.

 cited as the “Federal Election Campaign Act Amendments of 1974”.
<num value="I">TITLE I—</num> <heading class="inline">CRIMINAL CODE AMENDMENTS</heading> <section> <heading class="smallCaps centered">limitations on contributions and expenditures</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 608 of title 18, United States Code, relating to limitations on contributions and expenditures, is amended by striking out subsections (b) and (c) and inserting in lieu thereof the following: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Except as otherwise provided by paragraphs (2) and (3), no person shall make contributions to any candidate with respect to any election for Federal office which, in the aggregate, exceed $1,000.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>No political committee (other than a principal campaign committee) shall make contributions to any candidate with respect to any election for Federal office which, in the aggregate, exceed $5,000. Contributions by the national committee of a political party serving as the principal campaign committee of a candidate for the office of President of the United States shall not exceed the limitation imposed by the preceding sentence with respect to any other candidate for Federal office. For purposes of this paragraph, the term ‘political <sidenote><p class="firstIndent1 fontsize8">“Political committee.”</p></sidenote> committee’ means an organization registered as a political committee under section 303 of the Federal Election Campaign Act of 1971 for <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 1276.</p></sidenote> a period of not less than 6 months which has received contributions from more than 50 persons and, except for any State political party organization, has made contributions to 5 or more candidates for Federal office.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>No individual shall make contributions aggregating more than $25,000 in any calendar year. For purposes of this paragraph, any contribution made in a year other than the calendar year in which the election is held with respect to which such contribution was made, is considered to be made during the calendar year in which such election is held.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau class="inline">For purposes of this subsection—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>contributions to a named candidate made to any political committee authorized by such candidate, in writing, to accept contributions on his behalf shall be considered to be contributions made to such candidate; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>contributions made to or for the benefit of any candidate nominated by a political party for election to the office of Vice President of the United States shall be considered to be contributions made to or for the benefit of the candidate of such party for election to the office of President of the United States.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>The limitations imposed by paragraphs (1) and (2) of this subsection shall apply separately with respect to each election, except that all elections held in any calendar year for the office of President of the United States (except a general election for such office) shall be considered to be one election.</content> </paragraph> <page identifier="/us/stat/88/1264">88 <inline class="smallCaps">Stat</inline>. 1264</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>For purposes of the limitations imposed by this section, all contributions made by a person, either directly or indirectly, on behalf of a particular candidate, including contributions which are in any way earmarked or otherwise directed through an intermediary or conduit to such candidate, shall be treated as contributions from such person to such candidate. The intermediary or conduit shall report the original source and the intended recipient of such contribution to the Commission and to the intended recipient.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">No candidate shall make expenditures in excess of—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>$10,000,000, in the case of a candidate for nomination for election to the office of President of the United States, except that the aggregate of expenditures under this subparagraph in any one State shall not exceed twice the expenditure limitation applicable in such State to a candidate for nomination for election to the office of Senator, Delegate, or Resident Commissioner, as the case may be;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>$20,000,000, in the case of a candidate for election to the office of President of the United States;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <chapeau class="inline">in the case of any campaign for nomination for election by a candidate for the office of Senator or by a candidate for the office of Representative from a State which is entitled to only one Representative, the greater of—</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>8 cents multiplied by the voting age population of the State (as certified under subsection (g)); or</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>$100,000;</content> </clause> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <chapeau class="inline">in the case of any campaign for election by a candidate for the office of Senator or by a candidate for the office of Representative from a State which is entitled to only one Representative, the greater of—</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>12 cents multiplied by the voting age population of the State (as certified under subsection (g)); or</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>$150,000;</content> </clause> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>$70,000, in the case of any campaign for nomination for election, or for election, by a candidate for the office of Representative in any other State, Delegate from the District of Columbia, or Resident Commissioner; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>$15,000, in the case of any campaign for nomination for election, or for election, by a candidate for the office of Delegate from Guam or the Virgin Islands.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">For purposes of this subsection—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>expenditures made by or on behalf of any candidate nominated by a political party for election to the office of Vice President of the United States shall be considered to be expenditures made by or on behalf of the candidate of such party for election to the office of President of the United States; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="b">“(B) </num> <chapeau class="inline">an expenditure is made on behalf of a candidate, including a Vice Presidential candidate, if it is made by—</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>an authorized committee or any other agent of the candidate for the purposes of making any expenditure; or</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>any person authorized or requested by the candidate, an authorized committee of the candidate, or an agent of the candidate, to make the expenditure,</content> </clause> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The limitations imposed by subparagraphs (C), (D), (E), and (F) of paragraph (1) of this subsection shall apply separately with respect to each election.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The Commission shall prescribe rules under which any expenditure <sidenote><p class="firstIndent1 fontsize8">Rules.</p></sidenote> by a candidate for Presidential nomination for use in 2 or more<page identifier="/us/stat/88/1265">88 <inline class="smallCaps">Stat</inline>. 1265</page> States shall be attributed to such candidate’s expenditure limitation in each such State, based on the voting age population in such State which can reasonably be expected to be influenced by such expenditure.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>At the beginning of each calendar year (commencing in 1976), as there become available necessary data from the Bureau of Labor Statistics of the Department of Labor, the Secretary of Labor shall certify to the Commission and publish in the Federal Register <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> the per centum difference between the price index for the 12 months preceding the beginning of such calendar year and the price index for the base period. Each limitation established by subsection (c) and subsection (f) shall be increased by such per centum difference. Each amount so increased shall be the amount in effect for such calendar year.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">For purposes of paragraph (1) —</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the term ‘price index’ means the average over a calendar <sidenote><p class="firstIndent1 fontsize8">“Price index.”</p></sidenote> year of the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the term ‘base period’ means the calendar year 1974. <sidenote><p class="firstIndent1 fontsize8">“Base period.”</p></sidenote></content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>No person may make any expenditure (other than an expenditure made by or on behalf of a candidate within the meaning of subsection (c) (2) (B)) relative to a clearly identified candidate during a calendar year which, when added to all other expenditures made by such person during the year advocating the election or defeat of such candidate, exceeds $1,000.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">For purposes of paragraph (1) —</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau class="inline">‘clearly identified’ means—<sidenote><p class="firstIndent1 fontsize8">“Clearly identified.”</p></sidenote></chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>the candidate’s name appears;</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>a photograph or drawing of the candidate appears; or</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content>the identity of the candidate is apparent by unambiguous reference; and</content> </clause> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>‘expenditure’ does not include any payment made or <sidenote><p class="firstIndent1 fontsize8">“Expenditure.”</p></sidenote> incurred by a corporation or a labor organization which, under the provisions of the last paragraph of section 610, would not constitute an expenditure by such corporation or labor organization.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Notwithstanding any other provision of law with respect to limitations on expenditures or limitations on contributions, the national committee of a political party and a State committee of a political party, including any subordinate committee of a State committee, may make expenditures in connection with the general election campaign of candidates for Federal office, subject to the limitations contained in paragraphs (2) and (3) of this subsection.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The national committee of a political party may not make any expenditure in connection with the general election campaign of any candidate for President of the United States who is affiliated with such party which exceeds an amount equal to 2 cents multiplied by the voting age population of the United States (as certified under subsection (g)). Any expenditure under this paragraph shall be in addition to any expenditure by a national committee of a political party serving as the principal campaign committee of a candidate for the office of President of the United States.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">The national committee of a political party, or a State committee of a political party, including any subordinate committee of a State committee, may not make any expenditure in connection with the general election campaign of a candidate for Federal office in a State who is affiliated with such party which exceeds—</chapeau> <page identifier="/us/stat/88/1266">88 <inline class="smallCaps">Stat</inline>. 1266</page> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau class="inline">in the case of a candidate for election to the office of Senator, or of Representative from a State which is entitled to only one Representative, the greater of—</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>2 cents multiplied by the voting age population of the State (as certified under subsection (g)); or</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>$20,000; and</content> </clause> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>in the case of a candidate for election to the office of Representative, Delegate, or Resident Commissioner in any other State, $10,000.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">“(g) </num> <content>During the first week of January 1975, and every subsequent<sidenote><p class="firstIndent1 fontsize8">Voting age population estimates, certification and publication in Federal Register.</p></sidenote> year, the Secretary of Commerce shall certify to the Commission and publish in the Federal Register an estimate of the voting age population of the United States, of each State, and of each congressional district as of the first day of July next preceding the date of certification. The term ‘voting age population’ means resident population, 18<sidenote><p class="firstIndent1 fontsize8">“Voting age population.”</p></sidenote> years of age or older.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">“(h) </num> <content>No candidate or political committee shall knowingly accept any contribution or make any expenditure in violation of the provisions of this section. No officer or employee of a political committee shall knowingly accept a contribution made for the benefit or use of a candidate, or knowingly make any expenditure on behalf of a candidate, in violation of any limitation imposed on contributions and expenditures under this section.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>Any person who violates any provision of this section shall<sidenote><p class="firstIndent1 fontsize8">Violations, penalties.</p></sidenote> be fined not more than $25,000 or imprisoned not more than one year, or both.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 608(a)(1) of title 18, United States Code, relating to limitations on contributions and expenditures, is amended to read as follows: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">No candidate may make expenditures from his personal funds, or the personal funds of his immediate family, in connection with his campaigns during any calendar year for nomination for election, or for election, to Federal office in excess of, in the aggregate—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>$50,000, in the case of a candidate for the office of President or Vice President of the United States;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>$35,000, in the case of a candidate for the office of Senator or for the office of Representative from a State which is entitled to only one Representative; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>$25,000, in the case of a candidate for the office of Representative, or Delegate or Resident Commissioner, in any other State.</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </paragraph> <continuation class="inline">For purposes of this paragraph, any expenditure made in a year other than the calendar year in which the election is held with respect to which such expenditure was made, is considered to be made during the calendar year in which such election is held.”.</continuation> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Such section 608(a) is amended by adding at the end thereof the following new paragraphs: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>No candidate or his immediate family may make loans or advances from their personal funds in connection with his campaign for nomination for election, or for election, to Federal office unless such loan or advance is evidenced by a written instrument fully disclosing the terms and conditions of such loan or advance.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>For purposes of this subsection, any such loan or advance shall be included in computing the total amount of such expenditures only to the extent of the balance of such loan or advance outstanding and unpaid.”.</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Notwithstanding section 608(a) (1) of title 18, United States<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s608">18 USC 608 note</ref>.</p></sidenote> Code; relating to limitations on expenditures from personal funds, any individual may satisfy or discharge, out of his personal funds or the<page identifier="/us/stat/88/1267">88 <inline class="smallCaps">Stat</inline>. 1267</page> personal funds of his immediate family, any debt or obligation which is outstanding on the date of the enactment of this Act and which was incurred by him or on his behalf by any political committee in connection with any campaign ending before the close of December 31, 1972, for election to Federal office.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">For purposes of this subsection—<sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote></chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>the terms “election”, “Federal office”, and “political committee” have the meanings given them by section 591 of title 18, United States Code; and <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 1269.</p></sidenote></content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>the term “immediate family” has the meaning given it by section 608 (a) (2) of title 18, United States Code.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The first paragraph of section 613 of title 18, United States Code, relating to contributions by certain foreign agents, is amended—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>an agent of a foreign principal</quotedText>” and inserting in lieu thereof “<quotedText>a foreign national</quotedText>”; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>, either for or on behalf of such foreign principal or otherwise in his capacity as agent of such foreign principal,</quotedText>”.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The second paragraph of such section 613 is amended by striking out “<quotedText>agent of a foreign principal or from such foreign principal</quotedText>” and inserting in lieu thereof “<quotedText>foreign national</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The fourth paragraph of such section 613 is amended to read <sidenote><p class="firstIndent1 fontsize8">“Foreign national.”</p></sidenote> as follows: <quotedContent> <level> <chapeau class="firstIndent1 fontsize10">“As used in this section, the term ‘foreign national’ means—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>a foreign principal, as such term is defined by section 1(b) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(b)), except that the term ‘foreign national’ shall not include any individual who is a citizen of the United States; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>an individual who is not a citizen of the United States and who is not lawfully admitted for permanent residence, as defined by section 101(a) (20) of the Immigration and Nationality Act (8 U.S.C. 1101(a) (20)).”.</content> </paragraph> </level> </quotedContent> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content>The heading of such section 613 is amended by striking out “<quotedText><b>agents of foreign principals</b></quotedText>” and inserting in lieu thereof “<quotedText><b>foreign nationals</b></quotedText>”.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>The table of sections for chapter 29 of title 18, United States Code, is amended by striking out the item relating to section 613 and inserting in lieu thereof the following: <toc> <referenceItem><designator>“613. </designator><label>Contributions by foreign nationals.”.</label> </referenceItem> </toc> </content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The second paragraph of section 610 of title 18, United States Code, relating to penalties for violating prohibitions against contributions or expenditures by national banks, corporations, or labor organizations, is amended—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>$5,000</quotedText>” and inserting in lieu thereof “<quotedText>$25,000</quotedText>”; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>$10,000</quotedText>” and inserting in lieu thereof “<quotedText>$50,000</quotedText>”.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 611 of title 18, United States Code (as amended by section 103 of this Act), relating to contributions by firms or individuals contracting with the United States, is amended in the first paragraph thereof by striking out “<quotedText>$5,000</quotedText>” and inserting in lieu thereof “<quotedText>$25,000</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The third paragraph of section 613 of title 18, United States Code (as amended by subsection (d) of this section), relating to contributions by foreign nationals, is amended by striking out “<quotedText>$5,000</quotedText>” and inserting in lieu thereof “<quotedText>$25,000</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Chapter 29 of title 18, United States Code, relating to elections and political activities, is amended by adding at the end thereof the following new sections: <page identifier="/us/stat/88/1268">88 <inline class="smallCaps">Stat</inline>. 1268</page> <quotedContent> <section class="firstIndent0 fontsize10"> <num value="614">“§614. </num> <heading class="inline">Prohibition of contributions in name of another</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s614">18 USC 614</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <content>No person shall make a contribution in the name of another person or knowingly permit his name to be used to effect such a contribution, and no person shall knowingly accept a contribution made by one person in the name of another person.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>Any person who violates this section shall be fined not more<sidenote><p class="firstIndent1 fontsize8">Violation, penalty.</p></sidenote> than $25,000 or imprisoned not more than one year, or both.</content> </subsection> </section> <section class="firstIndent0 fontsize10"> <num value="615">“§615. </num> <heading class="inline">Limitation on contributions of currency</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s615">18 USC 615</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <content>No person shall make contributions of currency of the United States or currency of any foreign country to or for the benefit of any candidate which, in the aggregate, exceed $100, with respect to any campaign of such candidate for nomination for election, or for election, to Federal office.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>Any person who violates this section shall be fined not more <sidenote><p class="firstIndent1 fontsize8">Violation, penalty.</p></sidenote> than $25,000 or imprisoned not more than one year, or both.</content> </subsection> </section> <section class="firstIndent0 fontsize10"> <num value="616">“§616. </num> <heading class="inline">Acceptance of excessive honorariums</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s616">18 USC 616</ref>.</p></sidenote> <chapeau class="firstIndent1 fontsize10">“Whoever, while an elected or appointed officer or employee of any branch of the Federal Government—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>accepts any honorarium of more than $1,000 (excluding amounts accepted for actual travel and subsistence expenses) for any appearance, speech, or article; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>accepts honorariums (not prohibited by paragraph (1) of this section) aggregating more than $15,000 in any calendar year;</content> </paragraph> <continuation class="inline">“shall be fined not less than $1,000 nor more than $5,000.<sidenote><p class="firstIndent1 fontsize8">Penalty.</p></sidenote></continuation> </section> <section class="firstIndent0 fontsize10"> <num value="617">“§617. </num> <heading class="inline">Fraudulent misrepresentation of campaign authority</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s617">18 USC 617</ref>.</p></sidenote> <chapeau class="firstIndent1 fontsize10">“Whoever, being a candidate for Federal office or an employee or agent of such a candidate—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>fraudulently misrepresents himself or any committee or organization under his control as speaking or writing or otherwise acting for or on behalf of any other candidate or political party or employee or agent thereof on a matter which is damaging to such other candidate or political party or employee or agent thereof; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>willfully and knowingly participates in or conspires to participate in any plan, scheme, or design to violate paragraph (1);</content> </paragraph> <continuation class="inline">shall, for each such offense, be fined not more than $25,000 or imprisoned <sidenote><p class="firstIndent1 fontsize8">Penalty.</p></sidenote> not more than one year, or both.”.</continuation> </section> </quotedContent> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 591 of title 18, United States Code, relating to definitions, is amended by striking out the matter preceding paragraph (a) and inserting in lieu thereof the following: <quotedContent> <p class="indent0 firstIndent1 fontsize10">“Except as otherwise specifically provided, when used in this section and in sections 597, 599, 600, 602, 608, 610, 611, 614, 615, and 617 of this title—”.</p> </quotedContent> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The table of sections for chapter 29 of title 18, United States Code, is amended by adding at the end thereof the following new items: <toc> <referenceItem><designator>“614. </designator><label>Prohibition of contributions in name of another.</label></referenceItem> <referenceItem><designator>“615. </designator><label>Limitation on contributions of currency.</label></referenceItem> <referenceItem><designator>“616. </designator><label>Acceptance of excessive honorariums.</label></referenceItem> <referenceItem><designator>“617. </designator><label>Fraudulent misrepresentation of campaign authority.”.</label></referenceItem> </toc> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Title III of the Federal Election Campaign Act of 1971 is amended by striking out section 310, relating to prohibition of contributions <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s440">2 USC 440</ref>.</p></sidenote> in the name of another.</content> </paragraph> </subsection> </section> </section> <page identifier="/us/stat/88/1269">88 <inline class="smallCaps">Stat</inline>. 1269</page> <section> <heading class="smallCaps centered">changes in criminal code definitions</heading> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Paragraph (a) of section 591 of title 18, United States <sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote> Code, relating to the definition of election, is amended—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting “q” before “(4)” ; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>, and (5) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States</quotedText>”. <sidenote><p class="firstIndent1 fontsize8">USC prec. title 1.</p></sidenote></content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Paragraph (2) of such section 591, relating to the definition of political committee, is amended to read as follows: <quotedContent> <level> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content>‘political committee’ means any committee, club, association, or other group of persons which receives contributions or makes expenditures during a calendar year in an aggregate amount exceeding $1,000;”.</content> </subsection> </level> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Paragraph (e) of such section 591, relating to the definition of contribution, is amended to read as follows: <quotedContent> <level> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <chapeau class="inline">‘contribution’—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>means a gift, subscription, loan, advance, or deposit of money or anything of value (except a loan of money by a national or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business, which shall be considered a loan by each endorser or guarantor, in that proportion of the unpaid balance thereof that each endorser or guarantor bears to the total number of endorsers or guarantors), made for the purpose of influencing the nomination for election, or election, of any person to Federal office or for the purpose of influencing the results of a primary held for the selection of delegates to a national nominating convention of a political party or for the expression of a preference for the nomination of persons for election to the office of President of the United States;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>means a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make a contribution for such purposes;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>means funds received by a political committee which are transferred to such committee from another political committee or other source;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>means the payment, by any person other than a candidate or a political committee, of compensation for the personal services of another person which are rendered to such candidate or political committee without charge for any such purpose; but</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <chapeau class="inline">does not include—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the value of services provided without compensation by individuals who volunteer a portion or all of their time on behalf of a candidate or political committee;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual to a candidate in rendering voluntary personal services on the individual’s residential premises for candidate-related activities;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>the sale of any food or beverage by a vendor for use m a candidate’s campaign at a charge less than the normal comparable charge, if such charge for use in a candidate’s campaign is at least equal to the cost of such food or beverage to the vendor;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>any unreimbursed payment for travel expenses made by an individual who on his own behalf volunteers his personal services to a candidate, or</content> </subparagraph> <page identifier="/us/stat/88/1270">88 <inline class="smallCaps">Stat</inline>. 1270</page> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>the payment by a State or local committee of a political party of the costs of preparation, display, or mailing or other distribution incurred by such committee with respect to a printed slate card or sample ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee is organized, except that this clause shall not apply in the case of costs incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines or other similar types of general public political advertising;</content> </subparagraph> <continuation class="inline">to the extent that the cumulative value of activities by any person on behalf of any candidate under each of clauses (B), (C), and (D) does not exceed $500 with respect to any election;”.</continuation> </paragraph> </subsection> </level> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content>Paragraph (f) of such section 591, relating to the definition <sidenote><p class="firstIndent1 fontsize8">Definitions.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s591">18 USC 591</ref>.</p></sidenote> of expenditure, is amended to read as follows: <quotedContent> <level> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <chapeau class="inline">‘expenditure’—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>means a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value (except a loan of money by a national or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business), made for the purpose of influencing the nomination for election, or election, of any person to Federal office or for the purpose of influencing the results of a primary held for the selection of delegates to a national nominating convention of a political party or for the expression of a preference for the nomination of persons for election to the office of President of the United States;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>means a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make any expenditure; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>means the transfer of funds by a political committee to another political committee; but</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau class="inline">does not include—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>nonpartisan activity designed to encourage individuals to register to vote or to vote;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>any communication by any membership organization or corporation to its members or stockholders, if such membership organization or corporation is not organized primarily for the purpose of influencing the nomination for election, or election, of any person to Federal office;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>the use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual to a candidate in rendering voluntary personal services on the individual’s residential premises for candidate-related activities;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>any unreimbursed payment for travel expenses made by an individual who on his own behalf volunteers his personal services to a candidate;</content> </subparagraph> <page identifier="/us/stat/88/1271">88 <inline class="smallCaps">Stat</inline>. 1271</page> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>any communication by any person which is not made for the purpose of influencing the nomination for election, or election, of any person to Federal office;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="G">“(G) </num> <content>the payment by a State or local committee of a political party of the costs of preparation, display, or mailing or other distribution incurred by such committee with respect to a printed slate card or sample ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee is organized, except that this clause shall not apply in the case of costs incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines or other similar types of general public political advertising;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="H">“(H) </num> <content>any costs incurred by a candidate in connection with the solicitation of contributions by such candidate, except that this clause shall not apply with respect to costs incurred by a candidate in excess of an amount equal to 20 percent of the expenditure limitation applicable to such candidate under section 608(c) of this title; or <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1263.</p></sidenote></content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="I">“(I) </num> <content>any costs incurred by a political committee (as such term is defined by section 608(b) (2) of this title) with respect to the solicitation of contributions to such political committee or to any general political fund controlled by such political committee, except that this clause shall not apply to exempt costs incurred with respect to the solicitation of contributions to any such political committee made through broadcasting stations, newspapers, magazines, outdoor advertising facilities, and other similar types of general public political advertising;</content> </subparagraph> <continuation class="inline">to the extent that the cumulative value of activities by any individual on behalf of any candidate under each of clauses (D) or (E) does not exceed $500 with respect to any election;”,</continuation> </paragraph> </subsection> </level> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <chapeau class="inline">Section 591 of title 18, United States Code, relating to definitions, <sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote> is amended—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>and</quotedText>” at the end of paragraph (g) ;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out the period at the end of paragraph (h) and inserting in lieu thereof a semicolon; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by adding at the end thereof the following new paragraphs: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>‘political party’ means any association, committee, or organization which nominates a candidate for election to any Federal office whose name appears on the election ballot as the candidate of such association, committee, or organization;</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="j">“(j) </num> <content>‘State committee’ means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level, as determined by the Federal Election Commission;</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="k">“(k) </num> <content>‘national committee’ means the organization which, by virtue of the bylaws of the political party, is responsible for the day-to-day operation of such political party at the national level, as determined by the Federal Election Commission established under section 310(a) of the Federal Election Campaign Act of 1971; and <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 1280.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="l">“(l) </num> <content>‘principal campaign committee’ means the principal campaign committee designated by a candidate under section 302 (f) (1) of the Federal Election Campaign Act of 1971.”. <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 1275.</p></sidenote></content> </subsection> </quotedContent> </content> </paragraph> </subsection> </section> </section> <page identifier="/us/stat/88/1272">88 <inline class="smallCaps">Stat</inline>. 1272</page> <section> <heading class="smallCaps centered">political funds of corporations or labor organizations</heading> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <content>Section 611 of title 18, United States Code, relating to contributions by firms or individuals contracting with the United States, is amended by adding at the end thereof the following new paragraphs: <quotedContent> <p class="indent0 firstIndent1 fontsize10">“This section does not prohibit or make unlawful the establishment or administration of, or the solicitation of contributions to, any separate segregated fund by any corporation or labor organization for the purpose of influencing the nomination for election, or election, of any person to Federal office, unless the provisions of section 610 of this title prohibit or make unlawful the establishment or administration of, or the solicitation of contributions to, such fund.</p> <p class="indent0 firstIndent1 fontsize10">“For purposes of this section, the term ‘labor organization’ has the meaning given it by section 610 of this title.”.</p> </quotedContent> </content> </section> </section> <section> <heading class="smallCaps centered">effect on state law</heading> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The provisions of chapter 29 of title 18, United States<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s591">18 USC 591 note</ref>.</p></sidenote> Code, relating to elections and political activities, supersede and preempt any provision of State law with respect to election to Federal office.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>For purposes of this section, the terms “election”, “Federal office”, and “State” have the meanings given them by section 591 of title 18, United States Code.</content> </subsection> </section> </section> <num value="II">TITLE II—</num> <heading class="inline">AMENDMENTS TO FEDERAL ELECTION CAMPAIGN ACT OF 1971</heading> <section> <heading class="smallCaps centered">changes in definitions for reporting and disclosure</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Section 301 of the Federal Election Campaign Act of 1971, relating to definitions, is amended—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s431">2 USC 431</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by inserting “<quotedText>and title IV of this Act</quotedText>” after “title”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="10">(2) </num> <content>by striking out “<quotedText>, and (5) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States</quotedText>” in paragraph (a), and by inserting “<quotedText>and</quotedText>” before “<quotedText>(4)</quotedText>” in such paragraph;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">by amending paragraph (d) to read as follows: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="a">“(d) </num> <content>‘political committee’ means any committee, club, association, or other group of persons which receives contributions or makes expenditures during a calendar year in an aggregate amount exceeding $1,000;”;</content> </subsection> </quotedContent> </content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">by amending paragraph (e) to read as follows: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <chapeau class="inline">‘contribution’—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">means a gift, subscription, loan, advance, or deposit of money or anything of value made for the purpose of—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>influencing the nomination for election, or election, of any person to Federal office or for the purpose of influencing the results of a primary held for the selection of delegates to a national nominating convention of a political party, or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>influencing the result of an election held for the expression of a preference for the nomination of persons for election to the office of President of the United States;</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>means a contract, promise, or agreement, expressed or implied, whether or not legally enforceable, to make a contribution for such purposes;</content> </paragraph> <page identifier="/us/stat/88/1273">88 <inline class="smallCaps">Stat</inline>. 1273</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>means funds received by a political committee which are transferred to such committee from another political committee or other source;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>means the payment, by any person other than a candidate or a political committee, of compensation for the personal services of another person which are rendered to such candidate or political committee without charge for any such purpose; but</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <chapeau class="inline">does not include—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>the value of services provided without compensation by individuals who volunteer a portion or all of their time on behalf of a candidate or political committee;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>the use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual to a candidate in rendering voluntary personal services on the individual’s residential premises for candidate-related activities;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>the sale of any food or beverage by a vendor for use in a candidate’s campaign at a charge less than the normal comparable charge, if such charge for use in a candidate’s campaign is at least equal to the cost of such food or beverage to the vendor;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>any unreimbursed payment for travel expenses made by an individual who on his own behalf volunteers his personal services to a candidate;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>the payment by a State or local committee of a political party of the costs of preparation, display, or mailing or other distribution incurred by such committee with respect to a printed slate card or sample ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee is organized, except that this clause shall not apply in the case of costs incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines or other similar types of general public political advertising; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>any payment made or obligation incurred by a corporation or a labor organization which, under the provisions of the last paragraph of section 610 of title 18, United States Code, would not constitute an expenditure by such corporation or labor organization;</content> </subparagraph> </paragraph> </subsection> </quotedContent> <p class="inline">to the extent that the cumulative value of activities by any individual on behalf of any candidate under each of clauses (B), (C), and (D) does not exceed $500 with respect to any election;”;</p> </content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">by striking out paragraph (f) and inserting in lieu thereof <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s431">2 USC 431</ref>.</p></sidenote> the following: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <chapeau class="inline">‘expenditure’—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">means a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made for the purpose of—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">influencing the nomination for election, or the election, of any person to Federal office, or to the office of presidential and vice-presidential elector; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">influencing the results of a primary election held for the selection of delegates to a national nominating convention of a political party or for the expression of<page identifier="/us/stat/88/1274">88 <inline class="smallCaps">Stat</inline>. 1274</page> a preference for the nomination of persons for election to the office of President of the United States;</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>means a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make any expenditure;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>means the transfer of funds by a political committee to another political committee; but</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau class="inline">does not include—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>nonpartisan activity designed to encourage individuals to register to vote or to vote;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>any communication by any membership organization or corporation to its members or stockholders, if such membership organization or corporation is not organized primarily for the purpose of influencing the nomination for election, or election, of any person to Federal office;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>the use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual to a candidate in rendering voluntary personal services on the individual’s residential premises for candidate-related activities if the cumulative value of such activities by such individual on behalf of any candidate do not exceed $500 with respect to any election;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>any unreimbursed payment for travel expenses made by an individual who on his own behalf volunteers his personal services to a candidate if the cumulative amount for such individual incurred with respect to such candidate does not exceed $500 with respect to any election;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>any communication by any person which is not made for the purpose of influencing the nomination for election, or election, of any person to Federal office; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="G">“(G) </num> <content>the payment by a State or local committee of a political party of the costs of preparation, display, or mailing or other distribution incurred by such committee with respect to a printed slate card or sample ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee is organized, except that this clause shall not apply in the case of costs incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines or other similar types of general public political advertising; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="H">“(H) </num> <content>any payment made or obligation incurred by a corporation or a labor organization which, under the provisions of the last paragraph of section 610 of title 18, United States Code, would not constitute an expenditure by such corporation or labor organization;”;</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>by striking “<quotedText>and</quotedText>” at the end of paragraph (h) ;<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s431">2 USC 431</ref>.</p></sidenote></content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>by striking the period at the end of paragraph (i) and inserting in lieu thereof a semicolon; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content>by adding at the end thereof the following new paragraphs: <page identifier="/us/stat/88/1275">88 <inline class="smallCaps">Stat</inline>. 1275</page> <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="j">“(j) </num> <chapeau class="inline">‘identification’ means—<sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>in the case of an individual, his full name and the full address of his principal place of residence; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>in the case of any other person, the full name and address of such person;</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="k">“(k) </num> <content>‘national committee’ means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the national level, as determined by the Commission;</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="l">“(l) </num> <content>‘State committee’ means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level, as determined by the Commission;</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="m">“(m) </num> <content>‘political party’ means an association, committee, or organization which nominates a candidate for election to any Federal office, whose name appears on the election ballot as the candidate of such association, committee, or organization; and</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="n">“(n) </num> <content>‘principal campaign committee’ means the principal campaign committee designated by a candidate under section 302 (f)(1)”.<sidenote><p class="firstIndent1 fontsize8"><i>Infra</i>.</p></sidenote></content> </subsection> </quotedContent> </content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 401 of the Federal Election Campaign Act of 1971, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s451">2 USC 451</ref>.</p></sidenote> relating to extension of credit by regulated industries, is amended by striking out “<quotedText>(as such term is defined in section 301(c) of the Federal Election Campaign Act of 1971)</quotedText>”. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s431">2 USC 431</ref>.</p></sidenote></content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 402 of the Federal Election Campaign Act of 1971, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s452">2 USC 452</ref>.</p></sidenote> relating to prohibition against use of certain Federal funds for election activities, is amended by striking out the last sentence.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">organization of political committees; principal campaign committee</heading> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 302(b) of the Federal Election Campaign Act of 1971, relating to reports of contributions in excess of $10, is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s432">2 USC 432</ref>.</p></sidenote> amended by striking out “<quotedText>, the name and address (occupation and principal place of business, if any)</quotedText>” and inserting in lieu thereof “<quotedText>of the contribution and the identification</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 302(c) of such Act, relating to detailed accounts, is amended by striking out “<quotedText>full name and mailing address (occupation and the principal place of business, if any)</quotedText>” in paragraphs (2) and (4) and inserting in lieu thereof in each such paragraph “identification”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Section 302(c) of such Act is further amended by striking out the semicolon at the end of paragraph (2) and inserting in lieu thereof “<quotedText>and, if a person’s contributions aggregate more than $100, the account shall include occupation, and the principal place of business (if any) ;</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Section 302(f) of such Act is amended to read as follows: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Each individual who is a candidate for Federal office (other than the office of Vice President of the United States) shall designate a political committee to serve as his principal campaign committee. No political committee may be designated as the principal campaign committee of more than one candidate, except that the candidate for the office of President of the United States nominated by a political party may designate the national committee of such political party as his principal campaign committee. Except as provided in the preceding sentence, no political committee which supports more than one candidate may be designated as a principal campaign committee.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Notwithstanding any other provision of this title, each report <sidenote><p class="firstIndent1 fontsize8">Reports, filing.</p></sidenote> or statement of contributions received or expenditures made by a political committee (other than a principal campaign committee)<page identifier="/us/stat/88/1276">88 <inline class="smallCaps">Stat</inline>. 1276</page> which is required to be filed with the Commission under this title shall be filed instead with the principal campaign committee for the candidate on whose behalf such contributions are accepted or such expenditures are made.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>It shall be the duty of each principal campaign committee to receive all reports and statements required to be filed with it under paragraph (2) of this subsection and to compile and file such reports and statements, together with its own reports and statements, with the Commission in accordance with the provisions of this title.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> </section> </section> <section> <heading class="smallCaps centered">registration of political committee; statements</heading> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <content>Section 303 of the Federal Election Campaign Act of 1971, relating to registration of political committees and statements, is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s433">2 USC 433</ref>.</p></sidenote> amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content>In the case of a political committee which is not a principal campaign committee, reports and notifications required under this section to be filed with the Commission shall be filed instead with the appropriate principal campaign committee.”.</content> </subsection> </quotedContent> </content> </section> </section> <section> <heading class="smallCaps centered">reports by political committees and candidates</heading> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Section 304(a) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s434">2 USC 434</ref>.</p></sidenote> is amended—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out the second and third sentences and inserting in lieu thereof the following: </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <content>“The reports referred to in the preceding sentence shall be filed as follows: <quotedContent> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <clause class="inline"> <num value="i">(i) </num> <content>In any calendar year in which an individual is a candidate for Federal office and an election for such Federal office is held in such year, such reports shall be filed not later than the tenth day before the date on which such election is held and shall be complete as of the fifteenth day before the date of such election; except that any such report filed by registered or certified mail must be postmarked not later than the close of the twelfth day before the date of such election.</content> </clause> <clause class="indent0 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>Such reports shall be filed not later than the thirtieth day after the date of such election and shall be complete as of the twentieth day after the date of such election.</content> </clause> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>In any other calendar year in which an individual is a candidate for Federal office, such reports shall be filed after December 31 of such calendar year, but not later than January 31 of the following calendar year and shall be complete as of the close of the calendar year with respect to which the report is filed.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>Such reports shall be filed not later than the tenth day following the close of any calendar quarter in which the candidate or political committee concerned received contributions in excess of $1,000, or made expenditures in excess of $1,000, and shall be complete as of the close of such calendar quarter: except that any such report required to be filed after December 31 of any calendar year with respect to which a report is required to be filed under subparagraph (B) shall be filed as provided in such subparagraph.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>When the last day for filing any quarterly report required by subparagraph (C) occurs within 10 days of an election, the filing of such quarterly report shall be waived and superseded by the report required by subparagraph (A)(i).</content> </subparagraph> </quotedContent> </content> <page identifier="/us/stat/88/1277">88 <inline class="smallCaps">Stat</inline>. 1277</page> </paragraph> <continuation class="inline">Any contribution of $1,000 or more received after the fifteenth day, but more than 48 hours, before any election shall be reported within 48 hours after its receipt.”; and</continuation> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out “<quotedText>Each</quotedText>” at the beginning of the first sentence of such section 304(a) and inserting in lieu thereof “<quotedText>(1) Except <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s434">2 USC 434</ref>.</p></sidenote> as provided by paragraph (2), each</quotedText>”, and by adding at the end thereof the following new paragraphs:</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Each treasurer of a political committee which is not a principal campaign committee shall file the reports required under this section with the appropriate principal campaign committee.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Upon a request made by a presidential candidate or a political <sidenote><p class="firstIndent1 fontsize8">Waiver.</p></sidenote> committee which operates in more than one State, or upon its own motion, the Commission may waive the reporting dates set forth in paragraph (1) (other than the reporting date set forth in paragraph (1) (B)), and require instead that such candidate or political committee file reports not less frequently than monthly. The Commission may not require a presidential candidate or a political committee operating in more than one State to file more than 12 reports (not counting any report referred to in paragraph (1) (B)) during any calendar year. If the Commission acts on its own motion under this paragraph with respect to a candidate or a political committee, such candidate or committee may obtain judicial review in accordance with the provisions of chapter 7 of title 5, United States Code.”. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s701">5 USC 701</ref>.</p></sidenote></content> </paragraph> </quotedContent> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 304(b) (5) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, is amended by striking out “<quotedText>lender and endorsers</quotedText>” and inserting in lieu thereof “<quotedText>lender, endorsers, and guarantors</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 304(b) (8) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, is amended by inserting immediately before the semicolon at the end thereof the following: “<quotedText>, together with total receipts less transfers between political committees which support the same candidate and which do not support more than one candidate</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Section 304(b) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, is amended by striking out “<quotedText>full name and mailing address (occupation and the principal place of business, if any)</quotedText>” in paragraphs (9) and (10) and inserting in lieu thereof in each such paragraph “<quotedText>identification</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Section 304(b) (11) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, is amended by inserting immediately before the semicolon at the end thereof the following: “<quotedText>, together with total expenditures less transfers between political committees which support the same candidate and which do not support more than one candidate</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>Section 304(b) (12) of the Federal Election Campaign Act of 1971, relating to reports by political committees and candidates, is amended by inserting immediately before the semicolon a comma and the following: “<quotedText>, together with a statement as to the circumstances and conditions under which any such debt or obligation is extinguished and the consideration therefor</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Such section 304 is amended by adding at the end thereof the <sidenote><p class="firstIndent1 fontsize8">Members of Congress, reporting exemption.</p></sidenote> following new subsections: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content>This section does not require a Member of the Congress to report, as contributions received or as expenditures made, the value of photographic, matting, or recording services furnished to him by the Senate Recording Studio, the House Recording Studio, or by an individual whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives and who furnishes such services as his primary duty as an employee of the Senate or House of Rep-<page identifier="/us/stat/88/1278">88 <inline class="smallCaps">Stat</inline>. 1278</page>resentatives, or if such services were paid for by the Republican or Democratic Senatorial Campaign Committee, the Democratic National Congressional Committee, or the National Republican Congressional Committee. This subsection does not apply to such recording services furnished during the calendar year before the year in which the Member’s term expires.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content>Every person (other than a political committee or candidate) who makes contributions or expenditures, other than by contribution to a political committee or candidate, in an aggregate amount in excess of $100 within a calendar year shall file with the Commission a statement containing the information required by this section. Statements required by this subsection shall be filed on the dates on which reports by political committees are filed but need not be cumulative.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content>The heading for such section 304 is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“reports”.</heading> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content>Notwithstanding the amendment to section 304 of the Federal<sidenote><p class="firstIndent1 fontsize8">Savings provision.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s434">2 USC 434 note</ref>.</p></sidenote> Election Campaign Act of 1971, relating to the time for filing reports, made by the foregoing provisions of this section, nothing in this Act shall be construed to waive the report required to be filed by the thirty-first day of January of 1975 under the provisions of such section 304, as in effect on the date of the enactment of this Act.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">campaign advertisements</heading> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 305 of the Federal Election Campaign Act of 1971, relating to reports by others than political committees, is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s435">2 USC 435</ref>.</p></sidenote> amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“requirements relating to campaign advertising</heading> <section class="firstIndent1 fontsize10"> <num value="305">“<inline class="smallCaps">Sec</inline>. 305. </num> <subsection class="inline"> <num value="a">(a) </num> <content>No person who sells space in a newspaper or magazine to a candidate, or to the agent of a candidate, for use in connection with such candidate’s campaign, may charge any amount for such space which exceeds the amount charged for comparable use of such space for other purposes.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>Each political committee shall include on the face or front<sidenote><p class="firstIndent1 fontsize8">Funds, solicitation, notice.</p></sidenote> page of all literature and advertisements soliciting contributions the following notice: <quotedContent> <level> <content class="indent1 firstIndent1 fontsize10">“‘A copy of our report is filed with the Federal Election Commission and is available for purchase from the Federal Election Commission, Washington, D.C.’”.</content> </level> </quotedContent> </content> </subsection> </section> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Title I of the Federal Election Campaign Act of 1971 is<sidenote><p class="firstIndent1 fontsize8">Repeal.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t47/s801–805">47 USC 801–805</ref>.</p></sidenote> repealed.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">waiver of reporting requirements</heading> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <content>Section 306(b) of the Federal Election Campaign Act of 1971 (as so redesignated by section 207 of this Act), relating to formal<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s436">2 USC 436</ref>.</p></sidenote> requirements respecting reports and statements, is amended to read as follows: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">The Commission may, by a rule of general applicability which<sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> is published in the Federal Register not less than 30 days before its effective date, relieve—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>any category of candidates of the obligation to comply personally with the reporting requirements of section 304, if it<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1276.</p></sidenote> determines that such action is consistent with the purposes of this Act; and</content> </paragraph> <page identifier="/us/stat/88/1279">88 <inline class="smallCaps">Stat</inline>. 1279</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">any category of political committees of the obligation to comply with the reporting requirements of such section if such committees—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>primarily support persons seeking State or local office; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>do not operate in more than one State or do not operate on a statewide basis.”.</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </section> </section> <section> <heading class="smallCaps centered">formal requirements for reports and statements</heading> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num> <content>Section 306 of the Federal Election Campaign Act of 1971, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s436">2 USC 436</ref>.</p></sidenote> relating to formal requirements respecting reports and statements, is amended by striking out subsection (a); by redesignating subsections (b), (c), and (d) as subsections (a), (b), and (c), respectively; and by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content>If a report or statement required by section 303, 304(a) (1) (A) (ii), 304(a) (1) (B),3 04(a) (1) (C), or 304(e) of this title to be filed by <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1276.</p></sidenote> a treasurer of a political committee or by a candidate or by any other person, is delivered by registered or certified mail, to the Commission or principal campaign committee with which it is required to be filed, the United States postmark stamped on the cover of the envelope or other container in which such report or statement is so mailed shall be deemed to be the date of filing.”.</content> </subsection> </quotedContent> </content> </section> </section> <section> <heading class="smallCaps centered">reports by certain organizations; federal election commission; campaign depositories</heading> <section class="firstIndent1 fontsize10"> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Title III of the Federal Election Campaign Act of 1971, relating to disclosure of Federal campaign funds, is amended by redesignating sections 308 and 309 as sections 316 and 317, respectively; <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s438/439">43 USC 438, 439</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s441">2 USC 441</ref>.</p></sidenote> by redesignating section 311 as section 321; and by inserting immediately after section 307 the following new sections: <quotedContent> <section> <heading class="smallCaps centered">“reports by certain persons</heading> <section class="firstIndent1 fontsize10"> <num value="308">“<inline class="smallCaps">Sec</inline>. 308. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Any person (other than an individual) who expends any <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s437a">2 USC 437a</ref>.</p></sidenote> funds or commits any act directed to the public for the purpose of influencing the outcome of an election, or who publishes or broadcasts to the public any material referring to a candidate (by name, description, or other reference) advocating the election or defeat of such candidate, setting forth the candidate’s position on any public issue, his voting record, or other official acts (in the case of a candidate who holds or has held Federal office), or otherwise designed to influence individuals to cast their votes for or against such candidate or to withhold their votes from such candidate shall file reports with the Commission as if such person were a political committee. The reports filed by such person shall set forth the source of the funds used in carrying out any activity described in the preceding sentence in the same detail as if the funds were contributions within the meaning of section 301(e), and payments of such funds in the same <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1272.</p></sidenote> detail as if they were expenditures within the meaning of section 301 (f). The provisions of this section do not apply to any publication <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1273.</p></sidenote> or broadcast of the United States Government or to any news story, commentary, or editorial distributed through the facilities of a broadcasting station or a bona fide newspaper, magazine, or other periodical publication. A news story, commentary, or editorial is not considered to be distributed through a bona fide newspaper, magazine, or other periodical publication if—</chapeau> <page identifier="/us/stat/88/1280">88 <inline class="smallCaps">Stat</inline>. 1280</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>such publication is primarily for distribution to individuals affiliated by membership or stock ownership with the person (other than an individual) distributing it or causing it to be distributed, and not primarily for purchase by the public at newsstands or by paid subscription; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the news story, commentary, or editorial is distributed by a person (other than an individual) who devotes a substantial part of his activities to attempting to influence the outcome of elections, or to influence public opinion with respect to matters of national or State policy or concern.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">“campaign depositories</heading> <section class="firstIndent1 fontsize10"> <num value="309">“<inline class="smallCaps">Sec</inline>. 309. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Each candidate shall designate one or more<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s437b">2 USC 437b</ref>.</p></sidenote> national or State banks as his campaign depositories. The principal campaign committee of such candidate, and any other political committee authorized by him to receive contributions or to make expenditures on his behalf, shall maintain a checking account at a depository designated by the candidate and shall deposit any contributions received by such committee into such account. A candidate shall deposit any payment received by him under chapter 95 or chapter 97 of the Internal Revenue Code of 1954 in the account maintained by his<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9001">26 USC 9001</ref>.</p></sidenote> principal campaign committee. No expenditure may be made by any such committee on behalf of a candidate or to influence his election except by check drawn on such account, other than petty cash expenditures as provided in subsection (b).</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The treasurer of each political committee (other than a political committee authorized by a candidate to receive contributions or to make expenditures on his behalf) shall designate one or more national or State banks as campaign depositories of such committee, and shall maintain a checking account for the committee at each such depository. All contributions received by such committee shall be deposited in such accounts. No expenditure may be made by such committee except by check drawn on such accounts, other than petty cash expenditures as provided in subsection (b).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>A political committee may maintain a petty cash fund out of which it may make expenditures not in excess of $100 to any person in connection with a single purchase or transaction. A record of petty cash disbursements shall be kept in accordance with requirements established by the Commission, and such statements and reports thereof shall be furnished to the Commission as it may require.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content>A candidate for nomination for election, or for election, to the office of President of the United States may establish one such depository in each State, which shall be considered as his campaign depository for such State by his principal campaign committee and any other political committee authorized by him to receive contributions or to make expenditures on his behalf in such State, under rules prescribed by the Commission. The campaign depository of the candidate of a political party for election to the office of Vice President of the United States shall be the campaign depository designated by the candidate of such party for election to the office of President of the United States.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“federal election commission</heading> <section class="firstIndent1 fontsize10"> <num value="310">“<inline class="smallCaps">Sec</inline>. 310. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">There is established a commission to be known as<sidenote><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s437c">2 USC 437c</ref>.</p><p class="firstIndent1 fontsize8">Membership.</p></sidenote> the Federal Election Commission. The Commission is composed of the Secretary of the Senate and the Clerk of the House of Representatives, ex officio and without the right to vote, and 6 members appointed as follows:</chapeau> <page identifier="/us/stat/88/1281">88 <inline class="smallCaps">Stat</inline>. 1281</page> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>2 shall be appointed, with the confirmation of a majority of both Houses of the Congress, by the President pro tempore of the Senate upon the recommendations of the majority leader of the Senate and the minority leader of the Senate;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>2 shall be appointed, with the confirmation of a majority of both Houses of the Congress, by the Speaker of the House of Representatives, upon the recommendations of the majority leader of the House and the minority leader of the House; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>2 shall be appointed, with the confirmation of a majority of both Houses of the Congress, by the President of the United States.</content> </subparagraph> <continuation class="inline">A member appointed under subparagraph (A), (B), or (C) shall not be affiliated with the same political party as the other member appointed under such paragraph.</continuation> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">Members of the Commission shall serve for terms of 6 years, <sidenote><p class="firstIndent1 fontsize8">Term.</p></sidenote> except that of the members first appointed—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>one of the members appointed under paragraph (1)(A) shall be appointed for a term ending on the April 30 first occurring more than 6 months after the date on which he is appointed;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>one of the members appointed under paragraph (1)(B) shall be appointed for a term ending 1 year after the April 30 on which the term of the member referred to in subparagraph (A) of this paragraph ends;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>one of the members appointed under paragraph (1)(C) shall be appointed for a term ending 2 years thereafter;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>one of the members appointed under paragraph (1)(A) shall be appointed for a term ending 3 years thereafter;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="E">“(E) </num> <content>one of the members appointed under paragraph (1)(B) shall be appointed for a term ending 4 years thereafter; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="F">“(F) </num> <content>one of the members appointed under paragraph (1)(C) shall be appointed for a term ending 5 years thereafter.</content> </subparagraph> </paragraph> <continuation class="inline">An individual appointed to fill a vacancy occurring other than by the <sidenote><p class="firstIndent1 fontsize8">Vacancies.</p></sidenote> expiration of a term of office shall be appointed only for the unexpired term of the member he succeeds. Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment.</continuation> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Members shall be chosen on the basis of their maturity, experience, integrity, impartiality, and good judgment and shall be chosen from among individuals who, at the time of their appointment, are not elected or appointed officers or employees in the executive, legislative, or judicial branch of the Government of the United States.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>Members of the Commission (other than the Secretary of the <sidenote><p class="firstIndent1 fontsize8">Compensation.</p></sidenote> Senate and the Clerk of the House of Representatives) shall receive compensation equivalent to the compensation paid at level IV of the Executive Schedule (5 U.S.C. 5315). <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/83/863">83 Stat. 863</ref>.</p><p class="firstIndent1 fontsize8">Chairman and vice chairman.</p></sidenote></content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>The Commission shall elect a chairman and a vice chairman from among its members (other than the Secretary of the Senate and the Clerk of the House of Representatives) for a term of one year. No member may serve as chairman more often than once during any term of office to which he is appointed. The chairman and the vice chairman shall not be affiliated with the same political party. The vice chairman shall act as chairman in the absence or disability of the chairman, or in the event of a vacancy in such office.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>The Commission shall administer, seek to obtain compliance with, and formulate policy with respect to this Act and sections 608, 610, 611, 613, 614, 615, 616, and 617 of title 18, United States Code. <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 1263, 1268.</p><p class="firstIndent1 fontsize8">Jurisdiction.</p></sidenote> The Commission has primary jurisdiction with respect to the civil enforcement of such provisions.</content> </subsection> <page identifier="/us/stat/88/1282">88 <inline class="smallCaps">Stat</inline>. 1282</page> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content>All decisions of the Commission with respect to the exercise of its duties and powers under the provisions of this title shall be made by a majority vote of the members of the Commission. A member of the Commission may not delegate to any person his vote or any decisionmaking authority or duty vested in the Commission by the provisions of this title.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content>The Commission shall meet at least once each month and also<sidenote><p class="firstIndent1 fontsize8">Meetings.</p></sidenote> at the call of any member.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content>The Commission shall prepare written rules for the conduct<sidenote><p class="firstIndent1 fontsize8">Rules.</p><p class="firstIndent1 fontsize8">Seal.</p></sidenote> of its activities, shall have an official seal which shall be judicially noticed, and shall have its principal office in or near the District of Columbia (but it may meet or exercise any of its powers anywhere in the United States).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The Commission shall have a staff director and a general<sidenote><p class="firstIndent1 fontsize8">Staff director and general counsel.</p></sidenote> who shall be appointed by the Commission. The staff director shall be paid at a rate not to exceed the rate of basic pay in effect for level IV of the Executive Schedule (5 U.S.C. 5315). The general counsel <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/83/863">83 Stat. 863</ref>.</p></sidenote> shall be paid at a rate not to exceed the rate of basic pay in effect for level V of the Executive Schedule (5 U.S.C. 5316). With the approval of the Commission, the staff director may appoint and fix the pay of such additional personnel as he considers desirable.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>With the approval of the Commission, the staff director may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS–15 of the General Schedule (5 U.S.C. 5332). <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote></content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>In carrying out its responsibilities under this Act, the Commission shall, to the fullest extent practicable, avail itself of the assistance, including personnel and facilities, of other agencies and departments of the United States Government. The heads of such agencies and departments may make available to the Commission such personnel, facilities, and other assistance, with or without reimbursement, as the Commission may request.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">“powers of commission</heading> <section class="firstIndent1 fontsize10"> <num value="311">“<inline class="smallCaps">Sec</inline>. 311. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Commission has the power—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s437d">2 USC 437d</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>to require, by special or general orders, any person to submit in writing such reports and answers to questions as the Commission may prescribe; and such submission shall be made within such a reasonable period of time and under oath or otherwise as the Commission may determine;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>to administer oaths or affirmations;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>to require by subpena, signed by the chairman or the vice chairman, the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>in any proceeding or investigation, to order testimony to be taken by deposition before any person who is designated by the Commission and has the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under paragraph (3) of this subsection;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>to initiate (through civil proceedings for injunctive, declaratory, or other appropriate relief), defend, or appeal any civil action in the name of the Commission for the purpose of<page identifier="/us/stat/88/1283">88 <inline class="smallCaps">Stat</inline>. 1283</page> enforcing the provisions of this Act, through its general counsel;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>to render advisory opinions under section 313; <sidenote><p class="firstIndent1 fontsize8"><i>Infra</i>.</p></sidenote></content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>to make, amend, and repeal such rules, pursuant to the provisions of chapter 5 of title 5, United States Code, as are <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s500">5 USC 500</ref>.</p></sidenote> necessary to carry out the provisions of this Act;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">“(9) </num> <content>to formulate general policy with respect to the administration of this Act and sections 608, 610, 611, 613, 614, 615, 616, and 617 of title 18, United States Code; <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 1263, 1268.</p></sidenote></content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="10">“(10) </num> <content>to develop prescribed forms under section 311(a) (1); and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="11">“(11) </num> <content>to conduct investigations and hearings expeditiously, to encourage voluntary compliance, and to report apparent violations to the appropriate law enforcement authorities.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>Any United States district court within the jurisdiction of which any inquiry is carried on, may, upon petition by the Commission, in case of refusal to obey a subpena or order of the Commission issued under subsection (a) of this section, issue an order requiring compliance therewith. Any failure to obey the order of the court may be punished by the court as a contempt thereof.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content>No person shall be subject to civil liability to any person (other than the Commission or the United States) for disclosing information at the request of the Commission.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Whenever the Commission submits any budget estimate <sidenote><p class="firstIndent1 fontsize8">Budget estimates or requests, copies, transmittal to Congress.</p></sidenote> or request to the President of the United States or the Office of Management and Budget, it shall concurrently transmit a copy of such estimate or request to the Congress.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Whenever the Commission submits any legislative recommendations, or testimony, or comments on legislation, requested by the Congress or by any Member of the Congress, to the President of the United States or the Office of Management and Budget, it shall concurrently transmit a copy thereof to the Congress or to the Member requesting the same. No officer or agency of the United States shall have any authority to require the Commission to submit its legislative recommendations, testimony, or comments on legislation, to any office or agency of the United States for approval, comments, or review, prior to the submission of such recommendations, testimony, or comments to the Congress.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">“reports</heading> <section class="firstIndent1 fontsize10"> <num value="312">“<inline class="smallCaps">Sec</inline>. 312. </num> <content>The Commission shall transmit reports to the President <sidenote><p class="firstIndent1 fontsize8">Reports to President and Congress.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s437c">2 USC 437c</ref>.</p></sidenote> of the United States and to each House of the Congress no later than March 31 of each year. Each such report shall contain a detailed statement with respect to the activities of the Commission in carrying out its duties under this title, together with recommendations for such legislative or other action as the Commission considers appropriate.</content> </section> </section> <section> <heading class="smallCaps centered">“advisory opinions</heading> <section class="firstIndent1 fontsize10"> <num value="313">“<inline class="smallCaps">Sec</inline>. 313. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Upon written request to the Commission by any <sidenote><p class="firstIndent1 fontsize8">2 USC 437f.</p></sidenote> individual holding Federal office, any candidate for Federal office, or any political committee, the Commission shall render an advisory opinion, in writing, within a reasonable time with respect to whether any specific transaction or activity by such individual, candidate, or political committee would constitute a violation of this Act, of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or of section If <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9001">26 USC 9001</ref>.</p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 1297.</p></sidenote> 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>Notwithstanding any other provision of law, any person with respect to whom an advisory opinion is rendered under subsection (a) who acts in good faith in accordance with the provisions and findings<page identifier="/us/stat/88/1284">88 <inline class="smallCaps">Stat</inline>. 1284</page> of such advisory opinion shall be presumed to be in compliance with the provision of this Act, of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or of section 608, 610, 611, 613, 614, 615, 616, or<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9001">26 USC 9001</ref>.</p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 1297.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 1263, 1268.</p></sidenote> 617 of title 18, United States Code, with respect to which such advisory opinion is rendered.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content>Any request made under subsection (a) shall be made public by the Commission. The Commission shall, before rendering an advisory opinion with respect to such request, provide any interested party with an opportunity to transmit written comments to the Commission with respect to such request.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“enforcement</heading> <section class="firstIndent1 fontsize10"> <num value="314">“<inline class="smallCaps">Sec</inline>. 314. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content>Any person who believes a violation of this<sidenote><p class="firstIndent1 fontsize8">Complaints, filing.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s437g">2 USC 437g</ref>.</p></sidenote> Act or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code, has occurred may file a complaint with the Commission.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>In any case in which the Clerk of the House of Representatives or the Secretary of the Senate (who receive reports and statements as custodian for the Commission) has reason to believe a violation of this Act or section 608, 610, 611, 613, 614,615, 616, or 617 of title 18, United States Code, has occurred, he shall refer such apparent violation to the Commission.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">The Commission, upon receiving any complaint under paragraph (1) (A) , or a referral under paragraph (1)(B), or if it has reason to believe that any person has committed a violation of any such provision, shall notify the person involved of such apparent violation and shall—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>report such apparent violation to the Attorney General; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>make an investigation of such apparent violation.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Any investigation under paragraph (2) (B) shall be conducted expeditiously and shall include an investigation of reports and statements filed by any complainant under this title, if such complainant is a candidate. Any notification or investigation made under paragraph (2) shall not be made public by the Commission or by any other person without the written consent of the person receiving such notification or the person with respect to whom such investigation is made.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>The Commission shall, at the request of any person who<sidenote><p class="firstIndent1 fontsize8">Hearing.</p></sidenote> receives notice of an apparent violation under paragraph (2), conduct a hearing with respect to such apparent violation.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>If the Commission determines, after investigation, that there is reason to believe that any person has engaged, or is about to engage in any acts or practices which constitute or will constitute a violation of this Act, it may endeavor to correct such violation by informal methods of conference, conciliation, and persuasion. If the Commission <sidenote><p class="firstIndent1 fontsize8">Civil action for relief.</p></sidenote> fails to correct the violation through informal methods, it may institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the district court of the United States for the district in which the person against whom such action is brought is found, resides, or transacts business. Upon a proper showing that such person has engaged or is about to engage in such acts or practices, the court, shall grant a permanent or temporary injunction, restraining order, or other order.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>The Commission shall refer apparent violations to the appropriate law enforcement authorities to the extent that violations of provisions of chapter 29 of title 18, United States Code, are involved,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s591">18 USC 591</ref>.</p></sidenote> or if the Commission is unable to correct apparent violations of this Act under the authority given it by paragraph (5), or if the Commission determines that any such referral is appropriate.</content> </paragraph> <page identifier="/us/stat/88/1285">88 <inline class="smallCaps">Stat</inline>. 1285</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>Whenever in the judgment of the Commission, after affording due notice and an opportunity for a hearing, any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this Act or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code, upon <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 1263, 1268.</p></sidenote> request by the Commission the Attorney General on behalf of the United States shall institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the district court of the United States for the district in which the person is found, resides, or transacts business. Upon a proper showing that such person has engaged or is about to engage in such acts or practices, a permanent or temporary injunction, restraining order, or other order shall be granted without bond by such court.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>In any action brought under paragraph (5) or (7) of this subsection, <sidenote><p class="firstIndent1 fontsize8">Subpenas.</p></sidenote> subpenas for witnesses who are required to attend a United States district court may run into any other district.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="9">“(9) </num> <content>Any party aggrieved by an order granted under paragraph <sidenote><p class="firstIndent1 fontsize8">Petition for judicial review.</p></sidenote> (5) or (7) of this subsection may, at any time within 60 days after the date of entry thereof, file a petition with the United States court of appeals for the circuit in which such order was issued for judicial review of such order.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="10">“(10) </num> <content>The judgment of the court of appeals affirming or setting aside, in whole or in part, any such order of the district court shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="11">“(11) </num> <content>Any action brought under this subsection shall be advanced on the docket of the court in which filed, and put ahead of all other actions (other than other actions brought under this subsection or under section 315).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>In any case in which the Commission refers an apparent violation <sidenote><p class="firstIndent1 fontsize8">Report to commission.</p></sidenote> to the Attorney General, the Attorney General shall respond by report to the Commission with respect to any action taken by the Attorney General regarding such apparent violation. Each report shall be transmitted no later than 60 days after the date the Commission refers any apparent violation, and at the close of every 30-day period thereafter until there is final disposition of such apparent violation. The Commission may from time to time prepare and publish reports on the status of such referrals.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“judicial review</heading> <section class="firstIndent1 fontsize10"> <num value="315">“<inline class="smallCaps">Sec</inline>. 315. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Commission, the national committee of any <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s437h">2 USC 437h</ref>.</p></sidenote> political party, or any individual eligible to vote in any election for the office of President of the United States may institute such actions in the appropriate district court of the United States, including actions for declaratory judgment, as may be appropriate to construe the constitutionality of any provision of this Act or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code. The district court immediately shall certify all questions of constitutionality of this Act or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code to the United States court of appeals for the circuit involved, which shall hear the matter sitting en banc.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>Notwithstanding any other provision of law, any decision on a matter certified under subsection (a) shall be reviewable by appeal directly to the Supreme Court of the United States. Such appeal shall be brought no later than 20 days after the decision of the court of appeals.</content> </subsection> <page identifier="/us/stat/88/1286">88 <inline class="smallCaps">Stat</inline>. 1286</page> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content>It shall be the duty of the court of appeals and of the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter certified under subsection (a).”.</content> </subsection> </section> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Until the appointment and qualification of all the members of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s437c">2 USC 437c note</ref>.</p></sidenote> the Federal Election Commission and its general counsel and until the transfer provided for in this subsection, the Comptroller General, the Secretary of the Senate, and the Clerk of the House of Representatives shall continue to carry out their responsibilities under title I and title III of the Federal Election Campaign Act of 1971 as such titles<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t47/s801">47 USC 801 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s431">2 USC 431</ref>.</p></sidenote> existed on the day before the date of enactment of this Act. Upon the appointment of all the members of the Commission and its general counsel, the Comptroller General, the Secretary of the Senate, and the Clerk of the House of Representatives shall meet with the Commission and arrange for the transfer, within 30 days after the date on which all such members and the general counsel are appointed, of copies of all appropriate records, documents, memorandums, and other papers associated with carrying out their responsibilities under title I and title III of the Federal Election Campaign Act of 1971 and chapter 95 of the Internal Revenue Code of 1954.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9001">26 USC 9001</ref>.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <chapeau class="inline">Title III of the Federal Election Campaign Act of 1971 is amended—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by amending section 301(g), relating to definitions, to read<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s431">2 USC 431</ref>.</p></sidenote> as follows: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="g">“(g) </num> <content>‘Commission’ means the Federal Election Commission;”;</content> </subsection> </quotedContent> </content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>supervisory officer</quotedText>” in section 302(d) and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s432">2 USC 432</ref>.</p></sidenote> inserting in lieu thereof “<quotedText>Commission</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">by amending section 303, relating to registration of political<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s433">2 USC 433</ref>.</p></sidenote> committees; statements—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>supervisory officer</quotedText>” each time it appears therein and inserting in lieu thereof “<quotedText>Commission</quotedText>”; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>he</quotedText>” in the second sentence of subsection (a) of such section and inserting in lieu thereof “<quotedText>it</quotedText>”;</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <chapeau class="inline">by amending section 304, relating to reports by political<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s434">2 USC 434</ref>.</p></sidenote> committees and candidates—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>appropriate supervisory officer</quotedText>” and “<quotedText>him</quotedText>” in the first sentence thereof and inserting in lieu thereof “<quotedText>Commission</quotedText>” and “<quotedText>it</quotedText>”, respectively; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>supervisory officer</quotedText>” where it appears in paragraphs (12) and (13) of subsection (b) and inserting in lieu thereof “Commission”;</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>by striking out “<quotedText>supervisory officer</quotedText>” each place it appears<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s436">2 USC 436</ref>.</p></sidenote> in section 306, relating to formal requirements respecting reports and statements, and inserting in lieu thereof “<quotedText>Commission</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>by striking out “<quotedText>Comptroller General of the United States</quotedText>” and “he” in section 307, relating to reports on convention financing, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s437">2 USC 437</ref>.</p></sidenote> and inserting in lieu thereof “<quotedText>Federal Election Commission</quotedText>” and “it”, respectively;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>by amending the heading for section 316 (as redesignated<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s438">2 USC 438</ref>.</p></sidenote> by subsection (a) of this section), relating to duties of the supervisory officer, to read as follows: “<inline class="smallCaps">duties</inline>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content>by striking out “<quotedText>supervisory officer</quotedText>” in section 316(a) (as redesignated by subsection (a) of this section) the first time it appears and inserting in lieu thereof “<quotedText>Commission</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">(9) </num> <chapeau class="inline">by amending section 316(a) (as redesignated by subsection (a) of this section)—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>him</quotedText>” in paragraph (1) and inserting in lieu thereof “<quotedText>it</quotedText>”: and</content> </subparagraph> <page identifier="/us/stat/88/1287">88 <inline class="smallCaps">Stat</inline>. 1287</page> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>him</quotedText>” in paragraph (4) and inserting in lieu thereof “<quotedText>it</quotedText>”; and</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="10">(10) </num> <chapeau class="inline">by amending subsection (c) of section 316 (as redesignated <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s438">2 USC 438</ref>.</p></sidenote> by subsection (a) of this section)—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>Comptroller General</quotedText>” each place it appears therein and inserting in lieu thereof “<quotedText>Commission</quotedText>” and striking out “<quotedText>his</quotedText>” in the second sentence of such subsection and inserting in lieu thereof “<quotedText>its</quotedText>”; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out the last sentence thereof; and</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="11">(11) </num> <content>by striking out “<quotedText>a supervisory officer</quotedText>” in section 317(a) of such Act (as redesignated by subsection (a) of this Act) and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s439">2 USC 439</ref>.</p></sidenote> inserting in lieu thereof “<quotedText>the Commission</quotedText>”.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">duties and regulations</heading> <section class="firstIndent1 fontsize10"> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 316(a) of the Federal Election Campaign Act of 1971 (as redesignated and amended by section 208(a) of this Act), relating to duties of the Commission, is amended by striking out paragraphs (6), (7), (8), (9), and (10), and by redesignating paragraphs (11), (12), and (13) as paragraphs (8), (9), and (10), respectively, and by inserting immediately after paragraph (5) the following new paragraphs: <quotedContent> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>to compile and maintain a cumulative index of reports and<sidenote><p class="firstIndent1 fontsize8">Index of reports and statements.</p><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> statements filed with it, which shall be published in the Federal Register at regular intervals and which shall be available for purchase directly or by mail for a reasonable price;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>to prepare and publish from time to time special reports <sidenote><p class="firstIndent1 fontsize8">Special reports, publication.</p></sidenote> listing those candidates for whom reports were filed as required by this title and those candidates for whom such reports were not filed as so required;”.</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Notwithstanding section 308(a)(7) of the Federal Election Campaign Act of 1971 (relating to an annual report by the supervisory <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s438">2 USC 438 note</ref>.</p></sidenote> officer), as in effect on the day before the effective date of the amendments made by paragraph (1) of this subsection, no such annual report shall be required with respect to any calendar year beginning after December 31, 1972.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 316(a) (10) of the Federal Election Campaign Act of 1971 (as so redesignated by subsection (a) of this section), relating to the prescription of rules and regulations, is amended by inserting before the period at the end thereof the following: “<quotedText>, in accordance with the provisions of subsection (c)</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">Such section 316 is amended—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out subsection (b) and subsection (d); by redesignating subsection (c) as subsection (b); and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by adding at the end thereof the following new subsections:</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The Commission, before prescribing any rule or regulation <sidenote><p class="firstIndent1 fontsize8">Proposed rules or regulations, statement, transmittal to Congress.</p></sidenote> under this section, shall transmit a statement with respect to such rule or regulation to the Senate or the House of Representatives, as the case may be, in accordance with the provisions of this subsection. Such statement shall set forth the proposed rule or regulation and shall contain a detailed explanation and justification of such rule or regulation.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>If the appropriate body of the Congress which receives a statement from the Commission under this subsection does not, through appropriate action, disapprove the proposed rule or regulation set forth in such statement no later than 30 legislative days after receipt of such statement, then the Commission may prescribe such rule or regulation. In the case of any rule or regulation proposed to deal with reports or <sidenote><p class="firstIndent1 fontsize8">Presidential elections.</p></sidenote><page identifier="/us/stat/88/1288">88 <inline class="smallCaps">Stat</inline>. 1288</page> statements required to be filed under this title by a candidate for the office of President of the Ignited States, and by political committees supporting such a candidate both the Senate and the House of Representatives shall have the power to disapprove such proposed rule or regulation. The Commission may not prescribe any rule or regulation which is disapproved under this paragraph.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>If the Commission proposes to prescribe any rule or regulation<sidenote><p class="firstIndent1 fontsize8">Senatorial elections.</p></sidenote> dealing with reports or statements required to be filed under this title by a candidate for the office of Senator, and by political committees supporting such candidate, it shall transmit such statement to the Senate. If the Commission proposes to prescribe any rule or regulation dealing with reports or statements required to be filed under this title by a candidate for the office of Representative, Delegate, or Resident Commissioner, and by political committees supporting such candidate, it shall transmit such statement to the House of Representatives. If the Commission proposes to prescribe any rule or regulation dealing with reports or statements required to be filed under this title by a candidate for the office of President of the United States, and by political committees supporting such candidate it shall transmit such statement to the House of Representatives and the Senate.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>For purposes of this subsection, the term ‘legislative days’ does not include, with respect to statements transmitted to the Senate, any calendar day on which the Senate is not in session, and with respect to statements transmitted to the House of Representatives, any calendar day on which the House of Representatives is not in session, and with respect to statements transmitted to both such bodies, any calendar day on which both Houses of the Congress are not in session.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The Commission shall prescribe suitable rules and regulations <sidenote><p class="firstIndent1 fontsize8">Rules and regulations.</p></sidenote> to carry out the provisions of this title, including such rules and regulations as may be necessary to require that—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>reports and statements required to be filed under this title by a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress of the United States, and by political committees supporting such candidate, shall be received by the Clerk of the House of Representatives as custodian for the Commission;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>reports and statements required to be filed under this title by a candidate for the office of Senator, and by political committees supporting such candidate, shall be received by the Secretary of the Senate as custodian for the Commission; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>the Clerk of the House of Representatives and the Secretary of the Senate, as custodians for the Commission, each shall make the reports and statements received by him available for public inspection and copying in accordance with paragraph (4) of subsection (a), and preserve such reports and statements in accordance with paragraph (5) of subsection (a).</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>It shall be the duty of the Clerk of the House of Representatives <sidenote><p class="firstIndent1 fontsize8">Congressional cooperation.</p></sidenote> and the Secretary of the Senate to cooperate with the Commission in carrying out its duties under this Act and to furnish such services and facilities as may be required in accordance with this section.”.</content> </paragraph> </subsection> </quotedContent> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">miscellaneous provisions</heading> <section class="firstIndent1 fontsize10"> <num value="210"><inline class="smallCaps">Sec</inline>. 210. </num> <content>Title III of the Federal Election Campaign Act of 1971 is amended by inserting immediately after section 317 (as so redesignated <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1279.</p></sidenote> by section 208(a) of this Act) the following new sections: <page identifier="/us/stat/88/1289">88 <inline class="smallCaps">Stat</inline>. 1289</page> <quotedContent> <section> <heading class="smallCaps centered">“use of contributed amounts for certain purposes</heading> <section class="firstIndent1 fontsize10"> <num value="318">“<inline class="smallCaps">Sec</inline>. 318. </num> <content>Amounts received by a candidate as contributions that <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s439a">2 USC 439a</ref>.</p></sidenote> are in excess of any amount necessary to defray his expenditures, and any other amounts contributed to an individual for the purpose of supporting his activities as a holder of Federal office, may be used by such candidate or individual, as the case may be, to defray any ordinary and necessary expenses incurred by him in connection with his duties as a holder of Federal office, may be contributed by him to any organization described in section 170(c) of the Internal Revenue Code of 1954, or may be used for any other lawful purpose. To the extent any <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s170">26 USC 170</ref>.</p></sidenote> such contribution, amount contributed, or expenditure thereof is not otherwise required to be disclosed under the provisions of this title, such contribution, amount contributed, or expenditure shall be fully disclosed in accordance with rules promulgated by the Commission. The Commission is authorized to prescribe such rules as may be necessary <sidenote><p class="firstIndent1 fontsize8">Rules.</p></sidenote> to carry out the provisions of this section.</content> </section> </section> <section> <heading class="smallCaps centered">“prohibition of franked solicitations</heading> <section class="firstIndent1 fontsize10"> <num value="319">“<inline class="smallCaps">Sec</inline>. 319. </num> <content>No Senator, Representative, Resident Commissioner, or <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s439b">2 USC 439b</ref>.</p></sidenote> Delegate shall make any solicitations of funds by a mailing under the frank under section 3210 of title 39, United States Code.</content> </section> </section> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <section class="firstIndent1 fontsize10"> <num value="320">“<inline class="smallCaps">Sec</inline>. 320. </num> <content>There are authorized to be appropriated to the Commission <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s439c">2 USC 439c</ref>.</p></sidenote> for the purpose of carrying out its functions under this Act, and under chapters 95 and 96 of the Internal Revenue Code of 1954, not <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9001">26 USC 9001</ref>.</p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 1297.</p></sidenote> to exceed $5,000,000 for the fiscal year ending June 30, 1975.”.</content> </section> </section> </quotedContent> </content> </section> </section> <num value="III">TITLE III—</num> <heading class="inline">GENERAL PROVISIONS</heading> <section> <heading class="smallCaps centered">effect on state law</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <content>Section 403 of the Federal Election Campaign Act of 1971, relating to effect on State law, is amended to read as follows: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s453">2 USC 453</ref>.</p></sidenote> <quotedContent> <section> <heading class="smallCaps centered">“effect on state law</heading> <section class="firstIndent1 fontsize10"> <num value="403">“<inline class="smallCaps">Sec</inline>. 403. </num> <content>The provisions of this Act, and of rules prescribed under this Act, supersede and preempt any provision of State law with respect to election to Federal office.”.</content> </section> </section> </quotedContent> </content> </section> </section> <section> <heading class="smallCaps centered">period of limitations ; enforcement</heading> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <content class="inline">Title IV of the Federal Election Campaign Act of 1971, relating to general provisions, is amended by redesignating section 406 as section 408 and by inserting immediately after section 405 the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s431">2 USC 431 note</ref>.</p></sidenote> following new sections: <quotedContent> <section> <heading class="smallCaps centered">“period of limitations</heading> <section class="firstIndent1 fontsize10"> <num value="406">“<inline class="smallCaps">Sec</inline>. 406. </num> <subsection class="inline"> <num value="a">(a) </num> <content>No person shall be prosecuted, tried, or punished <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s455">2 USC 455</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s431">2 USC 431</ref>.</p></sidenote> for any violation of title III of this Act or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18, United States Code, unless the indictment is found or the information is instituted within 3 years after the <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 1263, 1268.</p></sidenote> date of the violation.</content> </subsection> <page identifier="/us/stat/88/1290">88 <inline class="smallCaps">Stat</inline>. 1290</page> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">Notwithstanding any other provision of law—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the period of limitations referred to in subsection (a) shall apply with respect to violations referred to in such subsection committed before, on, or after the effective date of this section; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>no criminal proceeding shall be instituted against any person for any act or omission which was a violation of any provision of title III of this Act, or section 608, 610, 611, or 613 of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s431">2 USC 431</ref>.</p></sidenote> title 18, United States Code, as in effect on December 31, 1974, if such act or omission does not constitute a violation of any such<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 1263, 1268.</p></sidenote> provision, as amended by the Federal Election Campaign Act Amendments of 1974.</content> </paragraph> </subsection> <continuation class="inline">Nothing in this subsection shall affect any proceeding pending in any court of the United States on the effective date of this section.</continuation> </section> </section> <section> <heading class="smallCaps centered">“additional enforcement authority</heading> <section class="firstIndent1 fontsize10"> <num value="407">“<inline class="smallCaps">Sec</inline>. 407. </num> <subsection class="inline"> <num value="a">(a) </num> <content>In any case in which the Commission, after notice<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s456">2 USC 456</ref>.</p></sidenote> and opportunity for a hearing on the record in accordance with section 554 of title 5, United States Code, makes a finding that a person who, while a candidate for Federal office, failed to file a report required by title III of this Act, and such finding is made before the expiration of the time within which the failure to file such report may be prosecuted as a violation of such title III, such person shall be disqualified from becoming a candidate in any future election for Federal office for a period of time beginning on the date of such finding and ending one year after the expiration of the term of the Federal office for which such person was a candidate.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>Any finding by the Commission under subsection (a) shall be subject to judicial review in accordance with the provisions of chapter 7 of title 5, United States Code.”.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s701">5 USC 701</ref>.</p></sidenote></content> </subsection> </section> </section> </quotedContent> </content> </section> </section> <num value="IV">TITLE IV—</num> <heading class="inline">AMENDMENTS TO OTHER LAWS; EFFECTIVE DATES</heading> <section> <heading class="smallCaps centered">political activities by state and local officers and employees</heading> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 1502(a)(3) of title 5, United States Code (relating to influencing elections, taking part in political campaigns, prohibitions, exceptions), is amended to read as follows: <quotedContent> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>be a candidate for elective office.”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 1503 of title 5, United States Code, relating to nonpartisan political activity, is amended to read as follows: <quotedContent> <section class="firstIndent0 fontsize10"> <num value="1503">“§1503. </num> <heading class="inline">Nonpartisan candidacies permitted</heading> <content class="indent0 firstIndent1 fontsize10">“Section 1502(a) (3) of this title does not prohibit any State or local officer or employee from being a candidate in any election if none of the candidates is to be nominated or elected at such election as representing a party any of whose candidates for Presidential elector received votes in the last preceding election at which Presidential electors were selected.”.</content> </section> </quotedContent> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The table of sections for chapter 15 of title 5, United States Code, is amended by striking out the item relating to section 1503 and inserting in lieu thereof the following new item: <toc> <referenceItem><designator>“1503. </designator><label>Nonpartisan candidacies permitted.”.</label></referenceItem> </toc> </content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <chapeau class="inline">Section 1501 of title 5, United States Code, relating to definitions, is amended—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out paragraph (5);</content> </paragraph> <page identifier="/us/stat/88/1291">88 <inline class="smallCaps">Stat</inline>. 1291</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>in paragraph (3) thereof, by inserting “<quotedText>and</quotedText>” immediately after “Federal Reserve System;” and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>in paragraph (4) thereof, by striking out “<quotedText>; and</quotedText>” and inserting in lieu thereof a period.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">repeal of communications media expenditure limitations</heading> <section class="firstIndent1 fontsize10"> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 315 of the Communications Act of 1934 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t47/s315">47 USC 315</ref>.</p></sidenote> (relating to candidates for public office; facilities; rules) is amended by striking out subsections (c), (d), and (e), and by redesignating subsections (f) and (g) as subsections (c) and (d), respectively.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Section 315(c) of such Act (as so redesignated by subsection <sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote> (a) of this section), relating to definitions, is amended to read as follows: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <chapeau class="inline">For purposes of this section—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the term ‘broadcasting station’ includes a community antenna television system; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the terms ‘licensee’ and ‘station licensee’ when used with respect to a comunity antenna television system mean the operator of such system.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> </section> </section> <section> <heading class="smallCaps centered">appropriations to campaign fund</heading> <section class="firstIndent1 fontsize10"> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Section 9006(a) of the Internal Revenue Code of 1954 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9006">26 USC 9006</ref>.</p></sidenote> (relating to establishment of campaign fund) is amended—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>as provided by appropriation Acts</quotedText>” and inserting in lieu thereof “<quotedText>from time to time</quotedText>”; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by adding at the end thereof the following new sentence: “There is appropriated to the fund for each fiscal year, out of amounts in the general fund of the Treasury not otherwise appropriated, an amount equal to the amounts so designated during each fiscal year, which shall remain available to the fund without fiscal year limitation.”.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>In addition to the amounts appropriated to the Presidential <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9006">26 USC 9006 note</ref>.</p></sidenote> Election Campaign Fund established under section 9006 of the Internal Revenue Code of 1954 (relating to payments to eligible candidates) by the last sentence of subsection (a) of such section (as amended by subsection (a) of this section), there is appropriated to such fund an amount equal to the sum of the amounts designated for payment under section 6096 of such Code (relating to designation by individuals to <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s6096">26 USC 6096</ref>.</p></sidenote> the Presidential Election Campaign Fund) before January 1, 1975, not otherwise taken into account under the provisions of such section 9006, as amended by this section.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">entitlements of eligible candidates to payments from presidential election campaign fund</heading> <section class="firstIndent1 fontsize10"> <num value="404"><inline class="smallCaps">Sec</inline>. 404. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Subsection (a) (1) of section 9004 of the Internal Revenue Code of 1954 (relating to entitlement of eligible candidates <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9004">26 USC 9004</ref>.</p></sidenote> to payments) is amended to read as follows: <quotedContent> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>The eligible candidates of each major party in a presidential election shall be entitled to equal payments under section 9006 in an amount which, in the aggregate, shall not exceed the expenditure limitations applicable to such candidates under section 608(c) (1) (B) of title 18, United States Code.”,</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Subsection (a) (2) (A) of section 9004 of such Code (relating to entitlement of eligible candidates to payments) is amended by striking out “<quotedText>computed</quotedText>” and inserting in lieu thereof “<quotedText>allowed</quotedText>”.</content> </paragraph> <page identifier="/us/stat/88/1292">88 <inline class="smallCaps">Stat</inline>. 1292</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The first sentence of subsection (a) (3) of section 9004 of such Code (relating to entitlement of eligible candidates to payments) is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9004">26 USC 9004</ref>.</p></sidenote> amended by striking out “<quotedText>computed</quotedText>” and inserting in lieu thereof “<quotedText>allowed</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 9002(3) of the Internal Revenue Code of 1954 (relating<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9002">26 USC 9002</ref>.</p></sidenote> to the definition of “<quotedText>Comptroller General</quotedText>”) is amended to read as follows: <quotedContent> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The term ‘Commission’ means the Federal Election Commission established by section 310(a) (1) of the Federal Election Campaign Act of 1971.”.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1280.</p></sidenote></content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Section 9002(1) of such Code (relating to the definition of “authorized committee”) is amended by striking out “<quotedText>Comptroller General</quotedText>” and inserting in lieu thereof “<quotedText>Commission</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The third sentence of section 9002(11) of such Code (relating to the definition of “<quotedText>qualified campaign expense</quotedText>”) is amended by striking out “<quotedText>Comptroller General</quotedText>” and inserting in lieu thereof “<quotedText>Commission</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <chapeau class="inline">Section 9003(a) of such Code (relating to condition for eligibility<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9003">26 USC 9003</ref>.</p></sidenote> for payments) is amended—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>Comptroller General</quotedText>” each place it appears therein and inserting in lieu thereof “<quotedText>Commission</quotedText>”; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>he</quotedText>” each place it appears therein and inserting in lieu thereof “<quotedText>it</quotedText>”.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>Section 9003(b) of such Code (relating to major parties) and section 9003(c) of such Code (relating to minor and new parties) each are amended by striking out “<quotedText>Comptroller General</quotedText>” each place it appears therein and inserting in lieu thereof “<quotedText>Commission</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>The heading for section 9005 of such Code (relating to certification <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9005">26 USC 9005</ref>.</p></sidenote> by Comptroller General) is amended by striking out “<quotedText><b>COMPTROLLER GENERAL</b></quotedText>” and inserting in lieu thereof “<quotedText><b>COMMISSION</b></quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">(7) </num> <chapeau class="inline">Section 9005(b) of such Code (relating to finality of certifications and determinations) is amended—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>Comptroller General</quotedText>” each place it appears therein and inserting in lieu thereof “<quotedText>Commission</quotedText>”; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>him</quotedText>” and inserting in lieu thereof “<quotedText>it</quotedText>”.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="8">(8) </num> <content>Section 9006(c) of such Code (relating to payments from the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9006">26 USC 9006</ref>.</p></sidenote> fund) and section 9006(d) of such Code (relating to insufficient amounts in fund) each are amended by striking out “<quotedText>Comptroller General</quotedText>” each place it appears therein and inserting in lieu thereof “<quotedText>Commission</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="9">(9) </num> <content>Section 9007(a) of such Code (relating to examinations and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9007">26 USC 9007</ref>.</p></sidenote> audits) is amended by striking out “<quotedText>Comptroller General</quotedText>” and inserting in lieu thereof “<quotedText>Commission</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="10">(10) </num> <chapeau class="inline">Section 9007(b) of such Code (relating to repayments) is amended—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>Comptroller General</quotedText>” each place it appears therein and inserting in lieu thereof “<quotedText>Commission</quotedText>”; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>he</quotedText>” each place it appears therein and inserting in lieu thereof “<quotedText>it</quotedText>”.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="11">(11) </num> <content>Section 9007(c) of such Code (relating to notification) is amended by striking out “<quotedText>Comptroller General</quotedText>” and inserting in lieu thereof “<quotedText>Commission</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="12">(12) </num> <chapeau class="inline">Section 9009(a) of such Code (relating to reports) is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9009">26 USC 9009</ref>.</p></sidenote> amended—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>Comptroller General</quotedText>” each place it appears therein and inserting in lieu thereof “<quotedText>Commission</quotedText>”; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>him</quotedText>” and inserting in lieu thereof “<quotedText>it</quotedText>”.</content> </subparagraph> </paragraph> <page identifier="/us/stat/88/1293">88 <inline class="smallCaps">Stat</inline>. 1293</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="13">(13) </num> <chapeau class="inline">Section 9009(b) of such Code (relating to regulations, etc.) <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9009">26 USC 9009</ref>.</p></sidenote> is amended—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>Comptroller General</quotedText>” and inserting in lieu thereof “<quotedText>Commission</quotedText>”;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>he</quotedText>” and inserting in lieu thereof “<quotedText>it</quotedText>”; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content>by striking out “<quotedText>him</quotedText>” and inserting in lieu thereof “<quotedText>it</quotedText>”.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="14">(14) </num> <content>The heading for section 9010 of such Code (relating to participation <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9010">26 USC 9010</ref>.</p></sidenote> by Comptroller General in judicial proceedings) is amended by striking out “<quotedText><b>COMPTROLLER GENERAL</b></quotedText>” and inserting in lieu thereof “<quotedText><b>COMMISSION</b></quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="15">(15) </num> <chapeau class="inline">Section 9010(a) of such Code (relating to appearance by counsel) is amended—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>Comptroller General</quotedText>” and inserting in lieu thereof “<quotedText>Commission</quotedText>”;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>his</quotedText>” and inserting in lieu thereof “<quotedText>its</quotedText>”; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content>by striking out “<quotedText>he</quotedText>” each place it appears therein and inserting in lieu thereof “<quotedText>it</quotedText>”.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="16">(16) </num> <content>Section 9010(b) of such Code (relating to recovery of certain payments) is amended by striking out “<quotedText>Comptroller General</quotedText>” and inserting in lieu thereof “<quotedText>Commission</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="17">(17) </num> <content>Section 9010(c) of such Code (relating to declaratory and injunctive relief) is amended by striking out “<quotedText>Comptroller General</quotedText>” each place it appears therein and inserting in lieu thereof “<quotedText>Commission</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="18">(18) </num> <content>Section 9010(d) of such Code (relating to appeal) is amended by striking out “<quotedText>Comptroller General</quotedText>” and inserting in lieu thereof “<quotedText>Commission</quotedText>” and by striking out “<quotedText>he</quotedText>” and inserting in lieu thereof “<quotedText>it</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="19">(19) </num> <content>The heading for subsection (a) of section 9011 of such Code <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9011">26 USC 9011</ref>.</p></sidenote> (relating to review of certification, determination, or other action by the Comptroller General) is amended by striking out “<quotedText><inline class="smallCaps">Comptroller General</inline></quotedText>” and inserting in lieu thereof “<quotedText><inline class="smallCaps">Commission</inline></quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="20">(20) </num> <content>Section 9011(a) of such Code, as amended by paragraph (19) (relating to review of certification, determination, or other action by the Commission) is amended by striking out “<quotedText>Comptroller General</quotedText>” each place it appears therein and inserting in lieu thereof “<quotedText>Commission</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="21">(21) </num> <content>Section 9011(b) of such Code, (relating to suits to implement chapter) is amended by striking out “<quotedText>Comptroller General</quotedText>” and inserting in lieu thereof “<quotedText>Commission</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="22">(22) </num> <chapeau class="inline">Section 9012(d) (1) of such Code (relating to false statements, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9012">26 USC 9012</ref>.</p></sidenote> etc.) is amended—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>Comptroller General</quotedText>” each place it appears therein and inserting in lieu thereof “<quotedText>Commission</quotedText>”; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>him</quotedText>” and inserting in lieu thereof “<quotedText>it</quotedText>”.</content> </subparagraph> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">certification for payment by commission</heading> <section class="firstIndent1 fontsize10"> <num value="405"><inline class="smallCaps">Sec</inline>. 405. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 9005(a) of the Internal Revenue Code of 1954 (relating to initial certifications for eligibility for payments) is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9005">26 USC 9005</ref>.</p></sidenote> amended to read as follows: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Initial Certifications</inline>.—</heading> <content>Not later than 10 days after the candidates of a political party for President and Vice President of the United States have met all applicable conditions for eligibility to receive payments under this chapter set forth in section 9003, the <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1292.</p></sidenote> Commission shall certify to the Secretary for payment to such eligible candidates under section 9006 payment in full of amounts to which <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1291.</p></sidenote> such candidates are entitled under section 9004.”.</content> </subsection> </quotedContent> </content> </subsection> <page identifier="/us/stat/88/1294">88 <inline class="smallCaps">Stat</inline>. 1294</page> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">Section 9003(a) of such Code (relating to general conditions<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9003">26 USC 9003</ref>.</p></sidenote> for eligibility for payments) is amended—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>with respect to which payment is sought</quotedText>” in paragraph (1) and inserting in lieu thereof “of such candidates”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by inserting “<quotedText>and</quotedText>” at the end of paragraph (2);</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>by striking out “<quotedText>, and</quotedText>” at the end of paragraph (3) and inserting in lieu thereof a period; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>by striking out paragraph (4).</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">financing of presidential nominating conventions</heading> <section class="firstIndent1 fontsize10"> <num value="406"><inline class="smallCaps">Sec</inline>. 406. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Chapter 95 of subtitle H of the Internal Revenue Code of 1954 (relating to the presidential election campaign fund) is amended by striking out section 9008 (relating to information on proposed <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9008">26 USC 9008</ref>.</p></sidenote> expenses) and inserting in lieu thereof the following new section: <quotedContent> <section class="firstIndent0 fontsize10"> <num value="9008">“SEC. 9008. </num> <heading class="inline">PAYMENTS FOR PRESIDENTIAL NOMINATING CONVENTIONS.</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Establishment of Accounts</inline>.—</heading> <content>The Secretary shall maintain in the fund, in addition to any account which he maintains under section 9006(a), a separate account for the national committee of<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1291.</p></sidenote> each major party and minor party. The Secretary shall deposit in each such account an amount equal to the amount which each such committee may receive under subsection (b). Such deposits shall be drawn from amounts designated by individuals under section 6096<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s6096">26 USC 6096</ref>.</p></sidenote> and shall be made before any transfer is made to any account for any eligible candidate under section 9006 (a).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Entitlement to Payments From the Fund</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">Major parties</inline>.—</heading> <content>Subject to the provisions of this section, the national committee of a major party shall be entitled to payments under paragraph (3), with respect to any presidential nominating convention, in amounts which, in the aggregate, shall not exceed $2,000,000.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Minor parties</inline>.—</heading> <content>Subject to the provisions of this section, the national committee of a minor party shall be entitled to payments under paragraph (3), with respect to any presidential nominating convention, in. amounts which, in the aggregate, shall not exceed an amount which bears the same ratio to the amount the national committee of a major party is entitled to receive under paragraph (1) as the number of popular votes received by the candidate for President of the minor party, as such candidate, in the preceding presidential election bears to the average number of popular votes received by the candidates for President of the United States of the major parties in the preceding presidential election.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading class="inline"><inline class="smallCaps">Payments</inline>.—</heading> <content>Upon receipt of certification from the Commission under subsection (g), the Secretary shall make payments from the appropriate account maintained under subsection (a) to the national committee of a major party or minor party which elects to receive its entitlement under this subsection. Such payments shall be available for use by such committee in accordance with the provisions of subsection (c).</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <heading class="inline"><inline class="smallCaps">Limitation</inline>.—</heading> <content>Payments to the national committee of a major party or minor party under this subsection from the account designated for such committee shall be limited to the amounts in such account at the time of payment.</content> </paragraph> <page identifier="/us/stat/88/1295">88 <inline class="smallCaps">Stat</inline>. 1295</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <heading class="inline"><inline class="smallCaps">Adjustment of entitlements</inline>.—</heading> <content>The entitlements established by this subsection shall be adjusted in the same manner as expenditure limitations established by section 608 (c) and section 608(f) of title 18, United States Code, are adjusted pursuant to <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 1264, 1265.</p></sidenote> the provisions of section 608(d) of such title.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Use of Funds</inline>.—</heading> <chapeau class="inline">No part of any payment made under subsection (b) shall be used to defray the expenses of any candidate or delegate who is participating in any presidential nominating convention. Such payments shall be used only—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>to defray expenses incurred with respect to a presidential nominating convention (including the payment of deposits) by or on behalf of the national committee receiving such payments; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>to repay loans the proceeds of which were used to defray such expenses, or otherwise to restore funds (other than contributions to defray such expenses received by such committee) used to defray such expenses.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Limitation of Expenditures</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <heading class="inline"><inline class="smallCaps">Major parties</inline>.—</heading> <content>Except as provided by paragraph (3), the national committee of a major party may not make expenditures with respect to a presidential nominating convention which, in the aggregate, exceed the amount of payments to which such committee is entitled under subsection (b)(1).</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <heading class="inline"><inline class="smallCaps">Minor parties</inline>.—</heading> <content>Except as provided by paragraph (3), the national committee of a minor party may not make expenditures with respect to a presidential nominating convention which, in the aggregate, exceed the amount of the entitlement of the national committee of a major party under subsection (b) (1).</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <heading class="inline"><inline class="smallCaps">Exception</inline>.—</heading> <content>The Commission may authorize the national committee of a major party or minor party to make expenditures which, in the aggregate, exceed the limitation established by paragraph (1) or paragraph (2) of this subsection. Such authorization shall be based upon a determination by the Commission that, due to extraordinary and unforeseen circumstances, such expenditures are necessary to assure the effective operation of the presidential nominating convention by such committee.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <heading class="inline"><inline class="smallCaps">Availability of Payments</inline>.—</heading> <content>The national committee of a major party or minor party may receive payments under subsection (b) (3) beginning on July 1 of the calendar year immediately preceding the calendar year in which a presidential nominating convention of the political party involved is held.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <heading class="inline"><inline class="smallCaps">Transfer to the Fund</inline>.—</heading> <content>If, after the close of a presidential nominating convention and after the national committee of the political party involved has been paid the amount which it is entitled to receive under this section, there are moneys remaining in the account of such national committee, the Secretary shall transfer the moneys so remaining to the fund.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">“(g) </num> <heading class="inline"><inline class="smallCaps">Certification by Commission</inline>.—</heading> <content>Any major party or minor party may file a statement with the Commission in such form and manner and at such times as it may require, designating the national committee of such party. Such statement shall include the information required by section 303(b) of the Federal Election Campaign Act of 1971, together with such additional information as the Commission <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s433">2 USC 433</ref>.</p></sidenote> may require. Upon receipt of a statement filed under the preceding sentences, the Commission promptly shall verify such statement according to such procedures and criteria as it may establish and shall certify to the Secretary for payment in full to any such committee of amounts to which such committee may be entitled under subsection (b). Such certifications shall be subject to an examination and audit which <sidenote><p class="firstIndent1 fontsize8">Examination and audit.</p></sidenote> the Commission shall conduct no later than December 31 of the calen-<page identifier="/us/stat/88/1296">88 <inline class="smallCaps">Stat</inline>. 1296</page>dar year in which the presidential nominating convention involved is held.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">“(h) </num> <heading class="inline"><inline class="smallCaps">Repayments</inline>.—</heading> <content>The Commission shall have the same authority to require repayments from the national committee of a major party or a minor party as it has with respect to repayments from any eligible candidate under section 9007(b). The provisions of section 9007(c)<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9007">26 USC 9007</ref>.</p></sidenote> and section 9007(d) shall apply with respect to any repayment required by the Commission under this subsection.”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Section 9009(a) of such Code (relating to reports) is <sidenote><p class="firstIndent1 fontsize8">Reports to Congress.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9009">26 USC 9009</ref>.</p></sidenote> amended by striking out “<quotedText>and</quotedText>” in paragraph (2) thereof; by striking out the period at the end of paragraph (3) thereof and inserting in lieu thereof “<quotedText> ; and</quotedText>”; and by adding at the end thereof the following new paragraphs: <quotedContent> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>the expenses incurred by the national committee of a major party or minor party with respect to a presidential nominating convention;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>the amounts certified by it under section 9008(g) for payment <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1294.</p></sidenote> to each such committee; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>the amount of payments, if any, required from such committees under section 9008(h), and the reasons for each such payment.”.</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The heading for section 9012(a) of such Code (relating to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9012">26 USC 9012</ref>.</p></sidenote> excess campaign expenses) is amended by striking out “<quotedText><inline class="smallCaps">Campaign</inline></quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Section 9012(a) (1) by such Code (relating to excess expenses)<sidenote><p class="firstIndent1 fontsize8">Excess expenses.</p></sidenote> is amended by adding at the end thereof the following new sentence: “It shall be unlawful for the national committee of a major party or minor party knowingly and willfully to incur expenses with respect to a presidential nominating convention in excess of the expenditure limitation applicable with respect to such committee under section 9008(d), unless the incurring of such expenses is authorized by the Commission under section 9008 (d) (3).”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Section 9012(c) of such Code (relating to unlawful use of payments) <sidenote><p class="firstIndent1 fontsize8">Unlawful use of payments.</p></sidenote> is amended by redesignating paragraph (2) as paragraph (3) and by inserting immediately after paragraph (1) the following new paragraph: <quotedContent> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>It shall be unlawful for the national committee of a major party or minor party which receives any payment under section 9008(b) (3) to use, or authorize the use of, such payment for any purpose other than a purpose authorized by section 9008(c).”.</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>Section 9012(e)(1) of such Code (relating to kickbacks and<sidenote><p class="firstIndent1 fontsize8">Kickbacks and illegal payments.</p></sidenote> illegal payments) is amended by adding at the end thereof the following new sentence: “It shall be unlawful for the national committee of a major party or minor party knowingly and willfully to give or accept any kickback or any illegal payment in connection with any expense incurred by such committee with respect to a presidential nominating convention.”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>Section 9012(e)(3) of such Code (relating to kickbacks and illegal payments) is amended by inserting immediately after “<quotedText>their authorized committees</quotedText>” the following: “<quotedText>, or in connection with any expense incurred by the national committee of a major party or minor party with respect to a presidential nominating convention.</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The table of sections for chapter 95 of subtitle H of such Code (relating to the presidential election campaign fund) is amended by striking out the item relating to section 9008 and inserting in lieu thereof the following new item: <toc> <referenceItem><designator>“<inline class="smallCaps">Sec</inline>. 9008. </designator><label>Payments for presidential nominating conventions.”.</label></referenceItem> </toc> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content>Section 276 of such Code (relating to certain indirect contributions <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s276">26 USC 276</ref>.</p></sidenote> to political parties) is amended by striking out subsection (c) and by redesignating subsection (d) as subsection (c).</content> </subsection> </section> </section> <page identifier="/us/stat/88/1297">88 <inline class="smallCaps">Stat</inline>. 1297</page> <section> <heading class="smallCaps centered">tax returns by political committees</heading> <section class="firstIndent1 fontsize10"> <num value="407"><inline class="smallCaps">Sec</inline>. 407. </num> <content>Section 6012(a) of the Internal Revenue Code of 1954 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s6012">26 USC 6012</ref>.</p></sidenote> (relating to persons required to make returns of income) is amended by adding at the end thereof the following new sentence: “<quotedText>The Secretary or his delegate shall, by regulation, exempt from the requirement of making returns under this section any political committee (as defined in section 301(d) of the Federal Election Campaign Act of 1971) having <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1272.</p></sidenote> no gross income for the taxable year.</quotedText>”.</content> </section> </section> <section> <heading class="smallCaps centered">presidential primary matching payment account</heading> <section class="firstIndent1 fontsize10"> <num value="408"><inline class="smallCaps">Sec</inline>. 408. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The analysis of subtitles at the beginning of the Internal Revenue Code of 1954 is amended by adding at the end thereof the following: <quotedContent> <paragraph class="indent1 firstIndent1 fontsize10"> <subparagraph class="indent2 firstIndent1 fontsize10"> <toc> <referenceItem role="subtitle"><designator>“Subtitle H. </designator><label>Financing of Presidential election campaigns.”.</label></referenceItem> </toc> </subparagraph> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The analysis of chapters at the beginning of subtitle H of such Code is amended by striking out the item relating to chapter 96 and inserting in lieu thereof the following: <quotedContent> <paragraph class="indent1 firstIndent1 fontsize10"> <subparagraph class="indent2 firstIndent1 fontsize10"> <toc> <referenceItem role="chapter"><designator>“Chapter 96. </designator><label>Presidential Primary Matching Payment Account.”.</label></referenceItem> </toc> </subparagraph> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Subtitle H of such Code is amended by striking out chapter 96, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9021">26 USC 9021</ref>.</p></sidenote> relating to Presidential Election Campaign Fund Advisory Board, and inserting in lieu thereof the following new chapter: <quotedContent> <chapter> <num value="96">“CHAPTER 96—</num> <heading class="inline">PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT</heading> <sidenote><p class="firstIndent1 fontsize8">Presidential Primary Matching Payment Account Act.</p></sidenote> <section> <content> <toc> <referenceItem role="section"><designator>“Sec. 9031.</designator> <label>Short title.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 9032.</designator> <label>Definitions.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 9033.</designator> <label>Eligibility for payments.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 9034.</designator> <label>Entitlement of eligible candidates to payments.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 9035.</designator> <label>Qualified campaign expense limitation.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 9036.</designator> <label>Certification by Commission.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 9037.</designator> <label>Payments to eligible candidates.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 9038.</designator> <label>Examinations and audits ; repayments.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 9039.</designator> <label>Reports to Congress ; regulations.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 9040.</designator> <label>Participation by Commission in judicial proceedings.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 9041.</designator> <label>Judicial review.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 9042.</designator> <label>Criminal penalties.</label></referenceItem> </toc> </content> </section> <section class="firstIndent0 fontsize10"> <num value="9031">“<inline class="smallCaps">Sec</inline>. 9031. </num> <heading class="inline">SHORT TITLE.</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9031">26 USC 9031</ref>.</p></sidenote> <content class="indent0 firstIndent1 fontsize10">“This chapter may be cited as the ‘Presidential Primary Matching Payment Account Act’.</content> </section> <section class="firstIndent0 fontsize10"> <num value="9032">“SEC. 9032. </num> <heading class="inline">DEFINITIONS.</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9032">26 USC 9032</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"> <heading class="inline">“<inline class="smallCaps">For Purposes of This Chapter</inline>—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>The term ‘authorized committee’ means, with respect to the candidates of a political party for President and Vice President of the United States, any political committee which is authorized in writing by such candidates to incur expenses to further the election of such candidates. Such authorization shall be addressed to the chairman of such political committee, and a copy of such authorization shall be filed by such candidates with the Commission. Any withdrawal of any authorization shall also be in writing and shall be addressed and filed in the same maimer as the authorization.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>The term ‘candidate’ means an individual who seeks nomination for election to be President of the United States. For purposes of this paragraph, an individual shall be considered to<page identifier="/us/stat/88/1298">88 <inline class="smallCaps">Stat</inline>. 1298</page> seek nomination for election if he (A) takes the action necessary under the law of a State to qualify himself for nomination for election, (B) receives contributions or incurs qualified campaign expenses, or (C) gives his consent for any other person to receive contributions or to incur qualified campaign expenses on his behalf.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>The term ‘Commission’ means the Federal Election Commission established by section 310(a) (1) of the Federal Election Campaign Act of 1971.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>. p. 1280.</p><p class="firstIndent1 fontsize8"><i>Post</i>, p, 1299.</p></sidenote></content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau class="inline">Except as provided by section 9034(a), the term ‘contribution’—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>means a gift, subscription, loan, advance, or deposit of money, or anything of value, the payment of which was made on or after the beginning of the calendar year immediately preceding the calendar year of the presidential election with respect to which such gift, subscription, loan, advance, or deposit of money, or anything of value, is made, for the purpose of influencing the result of a primary election,</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>means a contract, promise, or agreement, whether or not legally enforceable, to make a contribution for any such purpose,</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>means funds received by a political committee which are transferred to that committee from another committee, and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content>means the payment by any person other than a candidate, or his authorized committee, of compensation for the personal services of another person which are rendered to the candidate or committee without charge, but</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="E">“(E) </num> <chapeau class="inline">does not include—</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content>except as provided in subparagraph (D), the value of personal services rendered to or for the benefit of a candidate by an individual who receives no compensation for rendering such service to or for the benefit of the candidate, or</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content>payments under section 9037.</content> </clause> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>The term ‘matching payment account’ means the Presidential Primary Matching Payment Account established under section 9037(a).<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>. p. 1300.</p></sidenote></content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>The term ‘matching payment period’ means the period beginning with the beginning of the calendar year in which a general election for the office of President of the United States will be held and ending on the date on which the national convention of the party whose nomination a candidate seeks nominates its candidate for the office of President of the United States, or, in the case of a party which does not make such nomination by national convention, ending on the earlier of (A) the date such party nominates its candidate for the office of President of the United States, or (B) the last day of the last national convention held by a major party during such calendar year.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">“(7) </num> <content>The term ‘primary election’ means an election, including a runoff election or a nominating convention or caucus held by a political party, for the selection of delegates to a national nominating convention of a political party, or for the expression of a preference for the nomination of persons for election to the office of President of the United States.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">“(8) </num> <content>The term ‘political committee’ means any individual, committee, association, or organization (whether or not incorporated) which accepts contributions or incurs qualified campaign expenses for the purpose of influencing, or attempting to influence, the<page identifier="/us/stat/88/1299">88 <inline class="smallCaps">Stat</inline>. 1299</page> nomination of any person for election to the office of President of the United States.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">“(9) </num> <chapeau class="inline">The term ‘qualified campaign expense’ means a purchase, payment, distribution, loan, advance, deposit, or gift of money or of anything of value—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>incurred by a candidate, or by his authorized committee, in connection with his campaign for nomination for election, and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>neither the incurring nor payment of which constitutes a violation of any law of the United States or of the State in which the expense is incurred or paid.</content> </subparagraph> <continuation class="inline">For purposes of this paragraph, an expense is incurred by a candidate or by an authorized committee if it is incurred by a person specifically authorized in writing by the candidate or committee, as the case may be, to incur such expense on behalf of the candidate or the committee.</continuation> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="10">“(10) </num> <content>The term ‘State’ means each State of the United States and the District of Columbia.</content> </paragraph> </subsection> </section> <section class="firstIndent0 fontsize10"> <num value="9033">“SEC. 9033. </num> <heading class="inline">ELIGIBILITY FOR PAYMENTS.</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9033">26 USC 9033</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Conditions</inline>.—</heading> <chapeau class="inline">To be eligible to receive payments under section 9037, a candidate shall, in writing—<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 1300.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>agree to obtain and furnish to the Commission any evidence it may request of qualified campaign expenses,</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>agree to keep and furnish to the Commission any records, books, and other information it may request, and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>agree to an audit and examination by the Commission under section 9038 and to pay any amounts required to be paid under such section.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Expense Limitation; Declaration of Intent; Minimum Contributions</inline>.—</heading> <chapeau class="inline">To be eligible to receive payments under section 9037, a candidate shall certify to the Commission that—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the candidate and his authorized committees will not incur qualified campaign expenses in excess of the limitation on such expenses under section 9035,</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the candidate is seeking nomination by a political party for election to the office of President of the United States,</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the candidate has received matching contributions which in the aggregate, exceed $5,000 in contributions from residents of each of at least 20 States, and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>the aggregate of contributions certified with respect to any person under paragraph (3) does not exceed $250.</content> </paragraph> </subsection> </section> <section class="firstIndent0 fontsize10"> <num value="9034">“SEC. 9034. </num> <heading class="inline">ENTITLEMENT OF ELIGIBLE CANDIDATES TO PAYMENTS.</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9034">26 USC 9034</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <content>Every candidate who is eligible to receive payments under section 9033 is entitled to payments under section 9037 in an amount equal to the amount of each contribution received by such candidate on or after the beginning of the calendar year immediately preceding the calendar year of the presidential election with respect to which such candidate is seeking nomination, or by his authorized committees, disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person on or after the beginning of such preceding calendar year exceeds $250. For purposes of this subsection and section 9033(b), the <sidenote><p class="firstIndent1 fontsize8">“Contribution.”</p></sidenote> term ‘contribution’ means a gift of money made by a written instrument which identifies the person making the contribution by full name and mailing address, but does not include a subscription, loan, advance, or deposit of money, or anything of value or anything described in subparagraph (B), (C), or (D) of section 9032(4).</content> </subsection> <page identifier="/us/stat/88/1300">88 <inline class="smallCaps">Stat</inline>. 1300</page> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Limitations</inline>.—</heading> <content>The total amount of payments to which a candidate is entitled under subsection (a) shall not exceed 50 percent of the expenditure limitation applicable under section 608(c) (1) (A) of title 18, United States Code.</content> </subsection> </section> <section class="firstIndent0 fontsize10"> <num value="9035">“SEC. 9035 </num> <heading class="inline">QUALIFIED CAMPAIGN EXPENSE LIMITATION.</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9035">26 USC 9035</ref>.</p></sidenote> <content class="indent0 firstIndent1 fontsize10">“No candidate shall knowingly incur qualified campaign expenses in excess of the expenditure limitation applicable under section 608(c) (1) (A) of title 18, United States Code.</content> </section> <section class="firstIndent0 fontsize10"> <num value="9036">“SEC. 9036 </num> <heading class="inline">CERTIFICATION BY COMMISSION.</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9036">26 USC 9036</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Initial Certifications</inline>.—</heading> <content>Not later than 10 days after a candidate establishes his eligibility under section 9033 to receive payments under section 9037, the Commission shall certify to the Secretary for payment to such candidate under section 9037 payment in full of amounts to which such candidate is entitled under section 9034. The Commission shall make such additional certifications as may be necessary to permit candidates to receive payments for contributions under section 9037.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Finality of Determinations</inline>.—</heading> <content>Initial certifications by the Commission under subsection (a), and all determinations made by it under this chapter, are final and conclusive, except to the extent that they are subject to examination and audit by the Commission under section 9038 and judicial review under section 9041.<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 1302.</p></sidenote></content> </subsection> </section> <section class="firstIndent0 fontsize10"> <num value="9037">“9037. </num> <heading class="inline">PAYMENTS TO ELIGIBLE CANDIDATES.</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9037">26 USC 9037</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Establishment of Account</inline>.—</heading> <content>The Secretary shall maintain in the Presidential Election Campaign Fund established by section 9006(a), in addition to any account which he maintains under such<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1291.</p></sidenote> section, a separate account to be known as the Presidential Primary Matching Payment Account. The Secretary shall deposit into the matching payment account, for use by the candidate of any political party who is eligible to receive payments under section 9033, the amount available after the Secretary determines that amounts for payments under section 9006(c) and for payments under section<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9006">26 USC 9006</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1294.</p></sidenote> 9008(b) (3) are available for such payments.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Payments from the Matching Payment Account</inline>.—</heading> <content>Upon receipt of a certification from the Commission under section 9036, but not before the beginning of the matching payment period, the Secretary or his delegate shall promptly transfer the amount certified by the Commission from the matching payment account to the candidate. In making such transfers to candidates of the same political party, the Secretary or his delegate shall seek to achieve an equitable distribution of funds available under subsection (a) , and the Secretary or his delegate shall take into account, in seeking to achieve an equitable distribution, the sequence in which such certifications are received.</content> </subsection> </section> <section class="firstIndent0 fontsize10"> <num value="9038">“SEC. 9038. </num> <heading class="inline">EXAMINATIONS AND AUDITS; REPAYMENTS.</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9038">26 USC 9038</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Examinations and Audits</inline>.—</heading> <content>After each matching payment period, the Commission shall conduct a thorough examination and audit of the qualified campaign expenses of every candidate and his authorized committees who received payments under section 9037.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Repayments</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>If the Commission determines that any portion of the payments made to a candidate from the matching payment account was in excess of the aggregate amount of payments to which such candidate was entitled under section 9034, it shall notify the candidate, and the candidate shall pay to the Secretary or his delegate an amount equal to the amount of excess payments.</content> </paragraph> <page identifier="/us/stat/88/1301">88 <inline class="smallCaps">Stat</inline>. 1301</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">If the Commission determines that any amount of any payment made to a candidate from the matching payment account was used for any purpose other than—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>to defray the qualified campaign expenses with respect to which such payment was made, or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>to repay loans the proceeds of which were used, or otherwise to restore funds (other than contributions to defray qualified campaign expenses which were received and expended) which were used, to defray qualified campaign expenses,</content> </subparagraph> <continuation class="inline">it shall notify such candidate of the amount so used, and the candidate shall pay to the Secretary or his delegate an amount equal to such amount.</continuation> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>Amounts received by a candidate from the matching payment account may be retained for the liquidation of all obligations to pay qualified campaign expenses incurred for a period not exceeding 6 months after the end of the matching payment period. After all obligations have been liquidated, that portion of any unexpended balance remaining in the candidate’s accounts which bears the same ratio to the total unexpended balance as the total amount received from the matching payment account bears to the total of all deposits made into the candidate’s accounts shall be promptly repaid to the matching payment account.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Notification</inline>.—</heading> <content>No notification shall be made by the Commission under subsection (b) with respect to a matching payment period more than 3 years after the end of such period.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Deposit of Repayments</inline>.—</heading> <content>All payments received by the Secretary or his delegate under subsection (b) shall be deposited by him in the matching payment account.</content> </subsection> </section> <section class="firstIndent0 fontsize10"> <num value="9039">“SEC. 9039. </num> <heading class="inline">REPORTS TO CONGRESS; REGULATIONS.</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9039">26 USC 9039</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Reports</inline>.—</heading> <chapeau class="inline">The Commission shall, as soon as practicable after each matching payment period, submit a full report to the Senate and House of Representatives setting forth—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the qualified campaign expenses (shown in such detail as the Commission determines necessary) incurred by the candidates of each political party and their authorized committees,</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the amounts certified by it under section 9036 for payment to each eligible candidate, and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the amount of payments, if any, required from candidates under section 9038, and the reasons for each payment required.</content> </paragraph> <continuation class="inline">Each report submitted pursuant to this section shall be printed as a Senate document.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Regulations, Etc.</inline>—</heading> <content>The Commission is authorized to prescribe rules and regulations in accordance with the provisions of subsection (c), to conduct examinations and audits (in addition to the examinations <sidenote><p class="firstIndent1 fontsize8">Audits.</p></sidenote> and audits required by section 9038(a)), to conduct investigations, and to require the keeping and submission of any books, records, and information, which it determines to be necessary to carry out its responsibilities under this chapter.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Review of Regulations</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>The Commission, before prescribing any rule or regulation under subsection (b) , shall transmit a statement with respect to such rule or regulation to the Senate and to the House of Representatives, in accordance with the provisions of this subsection. Such statement shall set forth the proposed rule or regulation and shall contain a detailed explanation and justification of such rule or regulation.</content> </paragraph> <page identifier="/us/stat/88/1302">88 <inline class="smallCaps">Stat</inline>. 1302</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>If either such House does not, through appropriate action, disapprove the proposed rule or regulation set forth in such statement no later than 30 legislative days after receipt of such statement, then the Commission may prescribe such rule or regulation. The Commission may not prescribe any rule or regulation which is disapproved by either such House under this paragraph.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>For purposes of this subsection, the term ‘legislative days’ does not include any calendar day on which both Houses of the Congress are not in session.</content> </paragraph> </subsection> </section> <section class="firstIndent0 fontsize10"> <num value="9040">SEC. 9040. </num> <heading class="inline">PARTICIPATION BY COMMISSION IN JUDICIAL PROCEEDINGS.</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9040">26 USC 9040</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Appearance by Counsel</inline>.—</heading> <content>The Commission is authorized to appear in and defend against any action instituted under this section, either by attorneys employed in its office or by counsel whom it may appoint without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and whose<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s101">5 USC 101 <i>et seq.</i></ref></p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5101/5331">5 USC 5101, 5331</ref>.</p></sidenote> compensation it may fix without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Recovery of Certain Payments</inline>.—</heading> <content>The Commission is authorized, through attorneys and counsel described in subsection (a), to institute actions in the district courts of the United States to seek recovery of any amounts determined to be payable to the Secretary or his delegate as a result of an examination and audit made pursuant to section 9038.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1300.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Injunctive Relief</inline>.—</heading> <content>The Commission is authorized, through attorneys and counsel described in subsection (a), to petition the courts of the United States for such injunctive relief as is appropriate to implement any provision of this chapter.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Appeal</inline>.—</heading> <content>The Commission is authorized on behalf of the United States to appeal from, and to petition the Supreme Court for certiorari to review, judgments or decrees entered with respect to actions in which it appears pursuant to the authority provided in this section.</content> </subsection> </section> <section class="firstIndent0 fontsize10"> <num value="9041">“SEC. 9041. </num> <heading class="inline">JUDICIAL REVIEW.</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9041">26 USC 9041</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Review of Agency Action by the Commission</inline>.—</heading> <content>Any agency action by the Commission made under the provisions of this chapter shall be subject to review by the United States Court of Appeals for the District of Columbia Circuit upon petition filed in such court within 30 days after the agency action by the Commission for which review is sought.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Review Procedures</inline>.—</heading> <content>The provisions of chapter 7 of title 5, United States Code, apply to judicial review of any agency action, as defined in section 551(13) of title 5, United States Code, by the Commission.</content> </subsection> </section> <section class="firstIndent0 fontsize10"> <num value="9042">“SEC. 9042. </num> <heading class="inline">CRIMINAL PENALTIES.</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9042">26 USC 9042</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <heading class="inline"><inline class="smallCaps">Excess Campaign Expenses</inline>.—</heading> <content>Any person who violates the provisions of section 9035 shall be fined not more than $25,000, or imprisoned not more than 5 years, or both. Any officer or member of any political committee who knowingly consents to any expenditure in violation of the provisions of section 9035 shall be fined not more than $25,000, or imprisoned not more than 5 years, or both.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <heading class="inline"><inline class="smallCaps">Unlawful Use of Payments</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">It is unlawful for any person who receives any payment under section 9037, or to whom any portion of any such payment is transferred, knowingly and willfully to use, or authorize the use of, such payment or such portion for any purpose other than—</chapeau> <page identifier="/us/stat/88/1303">88 <inline class="smallCaps">Stat</inline>. 1303</page> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>to defray qualified campaign expenses, or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>to repay loans the proceeds of which were used, or otherwise to restore funds (other than contributions to defray qualified campaign expenses which were received and expended) which were used, to defray qualified campaign expenses.</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Any person who violates the provisions of paragraph (1) shall be fined not more than $10,000, or imprisoned not more than 5 years, or both.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">False Statements, Etc.</inline>—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">It is unlawful for any person knowingly and willfully—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>to furnish any false, fictitious, or fraudulent evidence, books, or information to the Commission under this chapter, or to include in any evidence, books, or information so furnished any misrepresentation of a material fact, or to falsify or conceal any evidence, books, or information relevant to a certification by the Commission or an examination and audit by the Commission under this chapter, or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>to fail to furnish to the Commission any records, books, or information requested by it for purposes of this chapter.</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Any person who violates the provisions of paragraph (1) shall be fined not more than $10,000, or imprisoned not more than 5 years, or both.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <heading class="inline"><inline class="smallCaps">Kickbacks and Illegal Payments</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>It is unlawful for any person knowingly and willfully to give or accept any kickback or any illegal payment in connection with any qualified campaign expense of a candidate, or his authorized committees, who receives payments under section 9037.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>Any person who violates the provisions of paragraph (1) shall be fined not more than $10,000, or imprisoned not more than 5 years, or both.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>In addition to the penalty provided by paragraph (2), any person who accepts any kickback or illegal payment in connection with any qualified campaign expense of a candidate or his authorized committees shall pay to the Secretary for deposit in the matching payment account, an amount equal to 125 percent of the kickback or payment received.”.</content> </paragraph> </subsection> </section> </chapter> </quotedContent> </content> </subsection> </section> </section> <section> <heading class="smallCaps centered">review of regulations</heading> <section class="firstIndent1 fontsize10"> <num value="409"><inline class="smallCaps">Sec</inline>. 409. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 9009 of the Internal Revenue Code of 1954 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9009">26 USC 9009</ref>.</p></sidenote> (relating to reports to Congress; regulations) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <heading class="inline"><inline class="smallCaps">Review of Regulations</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>The Commission, before prescribing any rule or regulation under subsection (b), shall transmit a statement with respect to such rule or regulation to the Senate and to the House of Representatives, in accordance with the provisions of this subsection. Such statement shall set forth the proposed rule or regulation and shall contain a detailed explanation and justification of such rule or regulation.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>If either such House does not, through appropriate action, disapprove the proposed rule or regulation set forth in such statement no later than 30 legislative days after receipt of such statement, then the Commission may prescribe such rule or regulation. The Commission may not prescribe any rule or regulation which is disapproved by either such House under this paragraph.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>For purposes of this subsection, the term ‘legislative days’ <sidenote><p class="firstIndent1 fontsize8">“Legislative days.”</p></sidenote><page identifier="/us/stat/88/1304">88 <inline class="smallCaps">Stat</inline>. 1304</page> does not include any calendar day on which both Houses of the Congress are not in session.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Section 9009(b) of such Code (relating to regulations, etc.) is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s9009">26 USC 9009</ref>.</p></sidenote> amended by inserting “<quotedText>in accordance with the provisions of subsection (c )</quotedText>” immediately after “regulations”.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">effective dates</heading> <section class="firstIndent1 fontsize10"> <num value="410"><inline class="smallCaps">Sec</inline>. 410. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Except as provided by subsection (b) and subsection<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s431">2 USC 431 note</ref>.</p></sidenote> (c), the foregoing provisions of this Act shall become effective January 1, 1975.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Section 104 and the amendment made by section 301 shall become <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1272.</p></sidenote> effective on the date of the enactment of this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The amendments made by sections 403(a), 404, 405, 406,<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 1291–1294, 1297, 1303.</p></sidenote> 408, and 409 shall apply with respect to taxable years beginning after December 31, 1974.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The amendment made by section 407 shall apply with respect<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1297.</p></sidenote> to taxable years beginning after December 31, 1971.</content> </paragraph> </subsection> </section> </section> Approved October 15, 1974.
Public Law 93–444: To amend the Act of October 4, 1961, providing for the preservation and protection of certain lands known as Piscataway Park in Prince Georges and Charles Counties, Maryland, and for other purposes. Public Law 444 88 Stat. 1304 1974-10-15 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–444
An Act To amend the Act of October 4, 1961, providing for the preservation and protection of certain lands known as Piscataway Park in Prince Georges and Charles Counties, Maryland, and for other purposes.

October 15, 1974

[H. R. 4861]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Act of

Piscataway Park, Md.

Preservation and protection.

 October 4, 1961 (75 Stat. 780), providing for the preservation and protection of certain lands in Prince Georges and Charles Counties, Maryland, as amended, is amended as follows: (a) In section 2(b), amend the first sentence by striking out

80 Stat. 319.

 “drawing entitled ‘Piscataway Park,’ numbered NCR 69.714–18, and dated January 25, 1966,” and inserting in lieu thereof “drawing entitled ‘Piscataway Park,’ numbered PIS–P–90,000, and dated July 19, 1974”. (b) In section 2(b), delete the words “The property herein described is more particularly depicted on the drawing numbered 1961–1, a copy of which is on file with the Secretary of the Interior.”. (c) In section 2(c), delete the first sentence and insert in lieu thereof

Scenic easements , donations.

80 Stat. 319.

 the following: “Effective on the date of enactment of this Act, there is hereby vested in the United States all right, title and interest in, and the right to immediate possession of, all real property within the boundaries of the parcels designated A, B, C, and D, as shown on the drawing referenced in subsection 2(b). The United States will pay just compensation to the owners of any property taken pursuant to this subsection and the full faith and credit of the United States is hereby pledged to the payment of any judgment so entered against the United States. Payment shall be made by the Secretary of the Treasury from moneys available and appropriated from the Land and Water Conservation Fund, subject to the appropriation limitation contained in section 4 of this Act, upon certification to him by the Secretary

Post, p. 1305.

 of the Interior of the agreed negotiated value of such property, or the valuation of the property awarded by judgment, including interest at the rate of six (6) per centum per annum from the date of taking to the date of payment therefor. In the absence of a negotiated settlement or an action by the owner within one year after the date of enactment of this Act, the Secretary may initiate proceedings at any88 Stat. 1305 time seeking a determination of just compensation in a court of competent jurisdiction. The Secretary shall allow for the orderly termination of all operations on real property acquired by the United States in parcels A, B, C, and D of this subsection, and for the removal of equipment, facilities, and personal property therefrom: Provided, That in no event shall the Secretary allow operations at the Marshall Hall Amusement Park to continue beyond January 1, 1980. The Secretary

Development plan.

 shall, on lands acquired for the purposes of this park, implement a development plan which will assure public access to, and public use and enjoyment of, such lands. To further the preservation objective of this Act, the Secretary of the Interior may accept donations of scenic easements in the land within the area designated as ‘Scenic Protection Area’ on the drawing referred to in subsection (b) of this section.” (d) In section 4, delete “$5,657,000” and insert “$10,557,000”.

Appropriation.

75 Stat. 780; 86 Stat. 1063.
Approved October 15, 1974.
Public Law 93–445: To amend the Railroad Retirement Act of 1937 to revise the retirement system for employees of employers covered thereunder, and for other purposes. Public Law 445 Public Law 93–445 88 Stat. 1305 1974-10-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public Public Law 93–445
An Act To amend the Railroad Retirement Act of 1937 to revise the retirement system for employees of employers covered thereunder, and for other purposes.

October 16, 1974

[H. R. 15301]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Railroad Retirement Act of 1937, amendment.

 <num value="I">TITLE I—</num> <heading class="centered">THE RAILROAD RETIREMENT ACT OF 1974</heading> <content>That the Railroad Retirement Act of 1937 is amended to read as<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228a">45 USC 228a</ref>.</p></sidenote> follows: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“definitions</heading> <section class="firstIndent1 fontsize10"> <num value="1">“<inline class="smallCaps">Section</inline> 1.</num> <chapeau>For the purposes of this Act<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231">45 USC 231</ref>.</p></sidenote>—</chapeau> <subsection class="indent0 fontsize10"> <num value="a">“(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>The term ‘employer’ shall include—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>any express company, sleeping-car company, and carrier by railroad, subject to part I of the Interstate Commerce Act<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t49/s1">49 USC 1</ref>.</p></sidenote>;</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>any company which is directly or indirectly owned or controlled by, or under common control with, one or more employers as defined in paragraph (i) of this subdivision, and which operates any equipment or facility or performs any service (except trucking service, casual service, and the casual operation of equipment or facilities) in connection with the transportation of passengers or property by railroad, or the receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, or handling of property transported by railroad;</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content>any receiver, trustee, or other individual or body, judicial or otherwise, when in the possession of the property or operating all or any part of the business of any employer as defined in paragraph (i) or (ii) of this subdivision;</content> </clause> <page identifier="/us/stat/88/1306">88 <inline class="smallCaps">Stat</inline>. 1306</page> <clause class="indent3 fontsize10"> <num value="iv">“(iv) </num> <content>any railroad association, traffic association, tariff bureau, demurrage bureau, weighing and inspection bureau, collection agency, and any other association, bureau, agency, or organization which is controlled and maintained wholly or principally by two or more employers as defined in paragraph (i), (ii), or (iii) of this subdivision and which is engaged in the performance of services in connection with or incidental to railroad transportation; and</content> </clause> <clause class="indent3 fontsize10"> <num value="v">“(v) </num> <content>any railway labor organization, national in scope, which has been or may be organized in accordance with the provisions of<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s151">45 USC 151</ref>.</p></sidenote> the Railway Labor Act, as amended, and its State and National legislative committees, general committees, insurance departments, and local lodges and divisions, established pursuant to the constitution or bylaws of such organization.</content> </clause> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau>Notwithstanding the provisions of subdivision (1) of this subsection, the term ‘employer’ shall not include—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>any company by reason of its being engaged in the mining of coal, the supplying of coal to an employer where delivery is not beyond the mine tipple, and the operation of equipment or facilities therefor, or in any of such activities; and</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>any street, interurban, or suburban electric railway, unless such railway is operating as a part of a general diesel-railroad system of transportation, but shall not exclude any part of the general diesel-railroad system of transportation now or hereafter operated by any other motive power. The Interstate Commerce Commission is hereby authorized and directed upon request of the Board, or upon complaint of any party interested, to determine after nearing whether any line operated by electric power falls within the terms of this paragraph.</content> </clause> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The term ‘employee’ means (i) any individual in the service of one or more employers for compensation, (ii) any individual who is in the employment relation to one or more employers, and (iii) an employee representative: <proviso><i>Provided, however,</i> That the term ‘employee’ shall include an employee of a local lodge or division defined as an employer in subsection (a) only if he was in the service of or in the employment relation to an employer as defined in paragraph (i) of subsection (a)(1) on or after August 29, 1935.</proviso></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The term ‘employee’ shall not include any individual while such individual is engaged in the physical operations consisting of the mining of coal, the preparation of coal, the handling (other than movement by rail with standard railroad locomotives) of coal not beyond the mine tipple, or the loading of coal at the tipple.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>The term ‘employee representative’ means any officer or official representative of a railway labor organization other than a labor organization included in the term ‘employer’ as defined in subsection (a) who before or after August 29, 1935, was in the service of an employer as defined in subsection (a) and who is duly authorized and<page identifier="/us/stat/88/1307">88 <inline class="smallCaps">Stat</inline>. 1307</page> designated to represent employees in accordance with the Railway Labor Act, as amended, and any individual who is regularly assigned<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s151">45 USC 151</ref>.</p></sidenote> to or regularly employed by such officer or official representative in connection with the duties of his office.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>An individual is in the service of an employer whether his service is rendered within or without the United States if—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>(A) he is subject to the continuing authority of the employer to supervise and direct the manner of rendition of his service, or (B) he is rendering professional or technical services and is integrated into the staff of the employer, or (C) he is rendering, on the property used in the employer’s operations, personal services the rendition of which is integrated into the employer’s operations; and</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>he renders such service for compensation, or a method of computing the monthly compensation for such service is provided in section 3 (j).</content> </clause> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau>Notwithstanding the provisions of subdivision (1) of this subsection—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>an individual shall be deemed to be in the service of an employer, other than a local lodge or division or a general committee of a railway-labor-organization employer, not conducting the principal part of its business in the United States only when he is rendering service to it in the United States;</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>an individual shall be deemed to be in the service of a local lodge or division of a railway-labor-organization employer not conducting the principal part of its business in the United States only if (A) all, or substantially all, the individuals constituting the membership of such local lodge or division are employees of an employer conducting the principal part of its business in the United States; or (B) the headquarters of such local lodge or division is located in the United States; and</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content>an individual shall be deemed to be in the service of a general committee of a railway-labor-organization employer not conducting the principal part of its business in the United States only if (A) he is representing a local lodge or division described in clause (A) or (B) of paragraph (ii); or (B) all, or substantially all, the individuals represented by such general committee are employees of an employer conducting the principal part of its business in the United States: or (C) he acts in the capacity of a general chairman or an assistant general chairman of a general committee which represents individuals rendering service in the United States to an employer, but in such case if his office or headquarters is not located in the United States and the individuals represented by such general committee are employees of an employer not conducting the principal part of its business in the United States, only such proportion of the remuneration for such service shall be regarded as compensation as the proportion which the mileage in the United States under the jurisdiction of such general committee bears to the total mileage<page identifier="/us/stat/88/1308">88 <inline class="smallCaps">Stat</inline>. 1308</page> under its jurisdiction, unless such mileage formula is inapplicable, in which case the Board may prescribe such other formula as it finds to be equitable, and if the application of such mileage formula, or such other formula as the Board may prescribe, would result in the compensation of the individual being less than 10 per centum of his remuneration for such service no part of such remuneration shall be regarded as compensation.</content> </clause> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, an individual not a citizen or resident of the United States shall not be deemed to be in the service of an employer when rendering service outside the United States to an employer who is required under the laws applicable in the place where the service is rendered to employ therein, in whole or in part, citizens or residents thereof. For purposes of this subdivision, the laws applicable on August 29, 1935, in the place where the service is rendered shall be deemed to have been applicable there at all times prior to that date.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>An individual shall be deemed to have been in the employment relation to an employer on August 29, 1935, if—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>he was on that date on leave of absence from his employment, expressly granted to him by the employer by whom he was employed, or by a duly authorized representative of such employer, and the grant of such leave of absence will have been established to the satisfaction of the Board before July 1947;</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>he was in the service of an employer after August 29, 1935, and before January 1946 in each of six calendar months, whether or not consecutive;</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content>before August 29, 1935, he did not retire and was not retired or discharged from the service of the last employer by whom he was employed or its corporate or operating successor, but (A) solely by reason of his physical or mental disability he ceased before August 29, 1935, to be in the service of such employer and thereafter remained continuously disabled until he attained age sixty-five or until August 1945, or (B) solely for such last stated reason an employer by whom he was employed before August 29, 1935, or an employer who is its successor did not on or after August 29, 1935, and before August 1945 call him to return to service, or (C) if he was so called he was solely for such reason unable to render service in six calendar months as provided in paragraph (ii); or</content> </clause> <clause class="indent3 fontsize10"> <num value="iv">“(iv) </num> <content>he was on August 29, 1935, absent from the service of an employer by reason of a discharge which, within one year after the effective date thereof, was protested, to an appropriate labor representative or to the employer, as wrongful, and which was followed within ten years of the effective date thereof by his reinstatement in good faith to his former service with all his senority rights.</content> </clause> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Notwithstanding the provisions of subdivision (1) of this subsection, an individual shall not be deemed to have been in the employment relation to an employer on August 29, 1935, if before that date<page identifier="/us/stat/88/1309">88 <inline class="smallCaps">Stat</inline>. 1309</page> he was granted a pension or gratuity on the basis of which a pension was awarded to him pursuant to section 6 of the Railroad Retirement Act of 1937, or if during the last payroll period before August 29, 1935,<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228f">45 USC 228f</ref>.</p></sidenote> in which he rendered service to an employer he was not in the service of an employer, in accordance with subsection (d), with respect to any service in such payroll period, or if he could have been in the employment relation to an employer only by reason of his having been, either before or after August 29, 1935, in the service of a local lodge or division defined as an employer in subsection (a).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The term ‘years of service’ shall mean the number of years an individual as an employee shall have rendered service to one or more employers for compensation or received remuneration for time lost, and shall be computed in accordance with the provisions of section 3(i). Twelve calendar months, consecutive or otherwise, in each of which an employee has rendered such service or received such wages for lime lost, shall constitute a year of service. Ultimate fractions shall be taken at their actual value, except that if the individual will have had not less than one hundred twenty-six months of service, an ultimate fraction of six months or more shall be taken as one year.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau>Where service prior to August 29, 1935, may be included in the computation of years of service as provided in subdivision (3) of section 3 (i), it may be included as to—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>service rendered to a person which was an employer on August 29, 1935, irrespective of whether such person was an employer at the time such service was rendered;</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>service rendered to any express company, sleeping-car company, or carrier by railroad which was a predecessor of a company which, on August 29, 1935, was an employer as defined in paragraph (i) of subsection (a)(1), irrespective of whether such predecessor was an employer at the time such service was rendered; and</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content>service rendered to a person not an employer in the performance of operations involving the use of standard railroad equipment if such operations were performed by an employer on August 29, 1935.</content> </clause> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="g">“(g)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>For purposes of section 3(i)(2) of this Act, an individual shall be deemed to have been in ‘military service’ when commissioned or enrolled in the active service of the land or naval forces of the United States and until resignation or discharge therefrom; and the service of any individual in any reserve component of the land or naval forces of the United States, while serving in the land or naval forces of the United States for any period, even though less than thirty days, shall be deemed to have been active service in such force during such period.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>For purposes of section 3(i)(2) of this Act, a ‘war service period’ shall mean (A) any war period, or (B) with respect to any particular individual, any period during which such individual (i) having been in military service at the end of a war period, was required to continue in military service, or (ii) was required by call of the President, or by any Act of Congress or regulation, order, or proclamation pursuant thereto, to enter and continue in military service, or (C) any period after September 7, 1939, with respect to which a state of national emergency was duly declared to exist which requires a strengthening of the national defense.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>For purposes of section 3 (i)(2) of this Act, a ‘war period’ shall be deemed to have begun on whichever of the following dates is the earliest: (A) the date on which the Congress of the United States declared war; or (B) the date as of which the Congress of the United States declared that a state of war has existed; or (C) the date on<page identifier="/us/stat/88/1310">88 <inline class="smallCaps">Stat</inline>. 1310</page> which war was declared by one or more foreign states against the United States; or (D) the date on which any part of the United States or any territory under its jurisdiction was invaded or attacked by any armed force of one or more foreign states; or (E) the date on which the United States engaged in armed hostilities for the purpose of preserving the Union or of maintaining in any State of the Union a republican form of government.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>For purposes of section 3(i)(2) of this Act, a ‘war period’ shall be deemed to have ended on the date on which hostilities ceased.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="h">“(h)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The term ‘compensation’ means any form of money remuneration paid to an individual for services rendered as an employee to one or more employers, or as an employee representative, including remuneration paid for time lost as an employee, but remuneration paid for time lost shall be deemed earned in the month in which such time is lost. A payment made by an employer to an individual through the employer’s payroll shall be presumed, in the absence of evidence to the contrary, to be compensation for service rendered by such individual as an employee of the employer in the period with respect to which the payment is made. Compensation earned in any calendar month before 1947 shall be deemed paid in such month regardless of whether or when payment will have been in fact made, and compensation earned in any calendar year after 1946 but paid after the end of such calendar year shall be deemed to be compensation paid in the calendar year in which it will have been earned if it is so reported by the employer before February 1 of the next succeeding calendar year or if the employee establishes, subject to the provisions of section 9, the period during which such compensation will have been earned.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>An employee shall be deemed to be paid ‘for time lost’ the amount he is paid by an employer with respect to an identifiable period of absence from the active service of the employer, including absence on account of personal injury, and the amount he is paid by the employer for loss of earnings resulting from his displacement to a less remunerative position or occupation. If a payment is made by an employer with respect to a personal injury and includes pay for time lost, the total payment shall be deemed to be paid for time lost unless, at the time of payment, a part of such payment is specifically apportioned to factors other than time lost, in which event only such part of the payment as is not so apportioned shall be deemed to be paid for time lost.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>Solely for purposes of determining amounts to be included in the compensation of an employee, the term ‘compensation’ shall also include cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is less than $20.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>Tips included as compensation by reason of the provisions of subdivision (3) shall be deemed to be paid at the time a written statement including such tips is furnished to the employer pursuant to section<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s6053">26 USC 6053</ref>.</p></sidenote> 6053(a) of the Internal Revenue Code of 1954 or, if no statement including such tips is so furnished, at the time received. Tips so deemed to be paid in any month shall be deemed paid for services rendered in such month.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <chapeau>In determining compensation, there shall be attributable as compensation paid to an employee in calendar months in which he is in military service creditable under section 3(i)(2), in addition to any other compensation paid to him with respect to such months—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>for each such calendar month prior to 1968, $160;</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>for each such calendar month after 1967 and prior to 1975, $260; and</content> </clause> <page identifier="/us/stat/88/1311">88 <inline class="smallCaps">Stat</inline>. 1311</page> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content>for each such calendar month after 1974, the amount which is creditable as such individual’s ‘wages’ under the third paragraph of section 209 of the Social Security Act.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s409">42 USC 409</ref>.</p></sidenote></content> </clause> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <chapeau>Notwithstanding the provisions of the preceding subdivisions of this subsection, the term ‘compensation’ shall not include—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>tips, except as is provided under subdivision (3) of this subsection;</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>the voluntary payment by an employer, without deduction from the remuneration of the employee, of any tax now or hereafter imposed with respect to the compensation of such employee;</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content>remuneration for service which is performed by a nonresident alien individual for the period he is temporarily present in the United States as a nonimmigrant under subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act, as amended, and which is performed to carry out the purpose<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t8/s1101">8 USC 1101</ref>.</p></sidenote> specified in subparagraph (F) or (J), as the case may be;</content> </clause> <clause class="indent3 fontsize10"> <num value="iv">“(iv) </num> <content>remuneration earned in the service of a local lodge or division of a railway-labor-organization employer with respect to any calendar month in which the amount of such remuneration is less than $25; and</content> </clause> <clause class="indent3 fontsize10"> <num value="v">“(v) </num> <content>remuneration for service as a delegate to a national or international convention of a railway-labor-organization employer if the individual rendering such service has not previously rendered service, other than as such a delegate, which may be included in his ‘years of service’.</content> </clause> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="i">“(i) </num> <content>The term ‘Board’ means the Railroad Retirement Board.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="j">“(j) </num> <content>The term ‘company’ includes corporations, associations, and joint-stock companies.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="k">“(k) </num> <content>The term ‘employee’ includes an officer of an employer.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="l">“(l) </num> <content>The term ‘person’ means an individual, a partnership, an association, a joint-stock company, a corporation, or the United States or any other governmental body.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="m">“(m) </num> <content>The term ‘United States,’ when used in a geographical sense, means the States and the District of Columbia.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="n">“(n) </num> <content>The term ‘Social Security Act’ means the Social Security Act<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote> as amended from time to time.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="o">“(o) </num> <content>An individual shall be deemed to have ‘a current connection with the railroad industry’ at the time an annuity begins to accrue to him and at death if, in any thirty consecutive calendar months before the month in which an annuity under this Act begins to accrue to him, or the month in which he dies if that first occurs, he will have been in service as an employee in not less than twelve calendar months and, if such thirty calendar months do not immediately precede such month, he will not have been engaged in any regular employment other than employment for an employer or employment with the Department of Transportation, the Interstate Commerce Commission, the National Mediation Board, or the Railroad Retirement Board in the period before such month and after the end of such thirty months. For the purposes of section 2(d) only, an individual shall be deemed also to have a ‘current connection with the railroad industry’ if he will have completed ten years of service and (A) he would be neither fully nor currently insured under the Social Security Act if his service as an employee after December 31, 1936, were included in the term ‘employment’ as defined in that Act, or (B) he has no quarters of coverage under the Social Security Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="p">“(p) </num> <content>The term ‘annuity’ means a monthly sum which is payable on the first day of each calendar month for the accrual during the preceding calendar month.</content> </subsection> <page identifier="/us/stat/88/1312">88 <inline class="smallCaps">Stat</inline>. 1312</page> <subsection class="indent0 fontsize10"> <num value="q">“(q) </num> <content>The terms ‘quarter’ and ‘calendar quarter’ shall mean a period of three calendar months ending on March 31, June 30, September 30, or December 31.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="r">“(r) </num> <content>For purposes of this Act, a person shall be considered to be permanently<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s414">42 USC 414</ref>.</p></sidenote> insured under the Social Security Act on December 31, 1974, if he or she would be fully insured within the meaning of section 214(a) of that Act when he or she attains age 62 solely on the basis of his or her quarters of coverage under that Act acquired prior to January 1, 1975.</content> </subsection> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“annuity eligibility requirements</heading> <section class="firstIndent1 fontsize10"> <num value="2"><inline class="smallCaps">“Sec</inline>. 2. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>The<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231a">45 USC 231a</ref>.</p></sidenote> following-described individuals, if they shall have completed ten years of service and shall have filed application for annuities, shall, subject to the conditions set forth in subsections (e), (f), and (h), be entitled to annuities in the amounts provided under section 3 of this Act—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>individuals who have attained the age of sixty-five;</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>individuals who have attained the age of sixty and have completed thirty years of service;</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content>individuals who have attained the age of sixty-two and have completed less than thirty years of service, but the annuity of such individuals shall be reduced by 1/180 for each calendar month that he or she is under age sixty-five when the annuity begins to accrue;</content> </clause> <clause class="indent3 fontsize10"> <num value="iv">“(iv) </num> <content>individuals who have a current connection with the railroad industry, whose permanent physical or mental condition is such as to be disabling for work in their regular occupation, and who (A) have completed twenty years of service or (B) have attained the age of sixty; and</content> </clause> <clause class="indent3 fontsize10"> <num value="v">“(v) </num> <content>individuals whose permanent physical or mental condition is such that they are unable to engage in any regular employment.</content> </clause> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>For the purposes of paragraph (iv) of subdivision (1), the Board, with the cooperation of employers and employees, shall secure the establishment of standards determining the physical and mental conditions which permanently disqualify employees for work in the several occupations in the railroad industry, and the Board, employers, and employees shall cooperate in the promotion of the greatest practicable degree of uniformity in the standards applied by the several employers. An individual’s condition shall be deemed to be disabling for work in his regular occupation if he will have been disqualified by his employer for service in his regular occupation in accordance with the applicable standards so established; if the employee will not have been so disqualified by his employer, the Board shall determine whether his condition is disabling for work in his regular occupation in accordance with the standards generally established; and, if the employee’s regular occupation is not one with respect to which standards will have been established, the standards relating to a reasonably comparable occupation shall be used. If there is no such comparable occupation, the Board shall determine whether the employee’s condition is disabling for work in his regular occupation by determining whether under the practices generally prevailing in industries in which such occupation exists such condition is a permanent disqualification for work in such occupation. For purposes of this subdivision and paragraph (iv) of subdivision (1), an employee’s ‘regular occupation’ shall be deemed to be the occupation in which he will have been engaged in more calendar months than the calendar months in which he will have been engaged in any other occupation during the last<page identifier="/us/stat/88/1313">88 <inline class="smallCaps">Stat</inline>. 1313</page> preceding five calendar years, whether or not consecutive, in each of which years he will have earned wages or salary, except that, if an employee establishes that during the last fifteen consecutive calendar years he will have been engaged in another occupation in one-half or more of all the months in which he will have earned wages or salary, he may claim such other occupation as his regular occupation.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>Such satisfactory proof shall be made from time to time as prescribed by the Board, of the disability provided for in paragraph (iv) or (v) of subdivision (1) and of the continuance of such disability (according to the standards applied in the establishment of such disability) until the employee attains the age of sixty-five. If the individual fails to comply with the requirements prescribed by the Board as to proof of the continuance of the disability until he attains the age of sixty-five years, his right to an annuity by reason of such disability shall, except for good cause shown to the Board, cease, but without prejudice to his rights to any subsequent annuity to which he may be entitled.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>An individual who—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>has attained age 60 and completed thirty years of service or attained age 65;</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>has completed twenty-five years of service;</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content>is entitled to the payment of an annuity under subsection (a)(1); and</content> </clause> <clause class="indent3 fontsize10"> <num value="iv">“(iv) </num> <content>had a current connection with the railroad industry at the time such annuity began to accrue;</content> </clause> <continuation class="indent0 fontsize10">shall, subject to the conditions set forth in subdivision (2) of this subsection and in subsections (e) and (h), be entitled to a supplemental annuity in the amount provided under section 3 of this Act: <proviso><i>Provided, however,</i> That in cases where an individual’s annuity under subsection (a)(1) begins to accrue on other than the first day of the month, the amount of any supplemental annuity to which he is entitled for that month shall be reduced by one-thirtieth for each day with respect to which he is not entitled to an annuity under subsection (a)(1).</proviso></continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>No individual shall be entitled to a supplemental annuity provided by this subsection for any period after he renders any service as an employee for compensation after his supplemental annuity closing date, which is the last day of the month following the month in which he attains age 65: <proviso><i>Provided, however,</i> That the supplemental annuity closing date of an individual who attained age 65 prior to January 1, 1975, shall be determined under section 3(j)(4) of the Railroad Retirement Act of 1937:</proviso> <proviso><i>Provided further,</i> That for<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228c">45 USC 228c</ref>.</p></sidenote> an employee whose supplemental annuity closing date occurs after he has completed at least 23 years of service but before he has completed 25 years of service and before he would have been entitled (upon filing an application therefor) to monthly insurance benefits under section 202(a) of the Social Security Act if he had no service as an<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s402">42 USC 402</ref>.</p></sidenote> employee under this Act, such closing date shall be extended to the earlier of (A) the day before the first day of the first month for which he would (on application) be entitled to monthly insurance benefits under section 202(a) of the Social Security Act if he had no service as an employee under this Act, or (B) the last day of the first month for which he qualifies for a supplemental annuity under this subsection.</proviso></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>The provisions of subdivision (2) shall not supersede the provisions of any agreement reached through collective bargaining which provides for mandatory retirement at an age less than the applicable supplemental annuity closing date determined under such subdivision.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>The spouse of an individual, if—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>such individual (A) is entitled to an annuity under subsection (a)(1) and (B) has attained the age of 60 and has com-<page identifier="/us/stat/88/1314">88 <inline class="smallCaps">Stat</inline>. 1314</page>pleted thirty years of service or has attained the age of 62, and</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>such spouse (A) has attained the age of 65, or (B) has attained the age of 60 and such individual has completed thirty years of service, or (C), in the case of a wife, has in her care (individually or jointly with her husband) a child who meets the qualifications prescribed in paragraph (iii) of subsection (d)(1) (without regard to the provisions of clause (B) of such paragraph),</content> </clause> <continuation class="indent0 fontsize10">shall, subject to the conditions set forth in subsections (e), (f), and (h), be entitled to a spouse’s annuity, if he or she has filed application therefor, in the amount provided under section 4 of this Act.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>A spouse who would be entitled to an annuity under subdivision (1) if he or she had attained the age of 65 may elect upon or after attaining the age of 62 to receive such annuity, but the annuity in any such case shall be reduced by 1/180 for each calendar month that the spouse is under age 65 when the annuity begins to accrue.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>For the purposes of this Act, the term ‘spouse’ shall mean the wife or husband of an annuitant under subsection (a)(1) who (i) was married to such annuitant for a period of not less than one year immediately preceding the day on which the application for a spouse’s annuity is filed, or in the month prior to his or her marriage to such annuitant was eligible for an annuity under paragraph (i) or (iv) of subsection (d)(1) or, on the basis of disability, under paragraph (iii) thereof, or is the parent of such annuitant’s son or daughter, if, as of the day on which the application for a spouse’s annuity is filed, such wife or husband and such annuitant were members of the same household, or such wife or husband was receiving regular contributions from such annuitant toward her or his support, or such annuitant has been ordered by any court to contribute to the support of such wife or husband; and (ii) in the case of a husband, was receiving at least one-half of his support from his wife at the time his wife’s annuity under subsection (a)(1) began.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>The following described survivors of a deceased employee who will have completed ten years of service and will have had a current connection with the railroad industry at the time of his death shall, subject to the conditions set forth in subsections (g) and (h), be entitled to annuities, if they have filed application therefor, in the amounts provided under section 4 of this Act—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>a widow (as defined in section 216 (c) and (k) of the Social Security Act) or widower (as defined in section 216 (g) and (k) of the Social Security<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s416">42 USC 416</ref>.</p></sidenote> Act) of such a deceased employee who has not remarried and who (A) will have attained the age of sixty or (B) will have attained the age of fifty but will not have attained age sixty and is under a disability which began before the end of the period prescribed in subdivision (2), and who, in the case of a widower, was receiving at least one-half of his support from the deceased employee at the time of her death or at the time her annuity under subsection (a)(1) began;</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>a widow (as defined in section 216 (c) and (k) of the Social Security Act) of such a deceased employee who has not remarried and who (A) is not entitled to an annuity under paragraph (i), and (B) at the time of filing an application for an annuity under this paragraph, will have in her care a child of such deceased employee, which child is entitled to an annuity under paragraph (iii)(other than an annuity payable to a child who has attained age 18 and is not under a disability);</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content>a child (as defined in section 216 (e) and (k) of the Social Security Act) of such a deceased employee who (A) will be less than eighteen years of age, or (B) will be less than twenty-<page identifier="/us/stat/88/1315">88 <inline class="smallCaps">Stat</inline>. 1315</page>two years of age and a full-time student at an educational institution, or (C) will, without regard to his age, be under a disability which began before he attained age twenty-two or before the close of the eighty-fourth month following the month in which his most recent entitlement to an annuity under this paragraph terminated because he ceased to be under a disability, and who is unmarried and was dependent upon the employee at the time of the employee’s death; and</content> </clause> <clause class="indent3 fontsize10"> <num value="iv">“(iv) </num> <content>a parent (as defined in section 202(h)(3) of the Social Security Act) of such a deceased employee who (A) will have<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s402">42 USC 402</ref>.</p></sidenote> attained the age of sixty and (B) will have received at least one-half of his or her support from such deceased employee at the time of the employees’ death and (C) will not have remarried after the employee’s death: <proviso><i>Provided, however,</i> That no parent will be entitled to an annuity under this paragraph on the basis of the deceased employee’s compensation and years of service in any case where such employee died leaving a widow or widower or a child who is, or who might in the future become, entitled to an annuity under this subsection.</proviso></content> </clause> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The period referred to in clause (B) of subdivision (1)(i) is the period (i) beginning with the latest of (A) the month of the employee’s death, (B) in the case of a widow, the last month for which she was entitled to an annuity under paragraph (ii) of subdivision (1) as the widow of the deceased employee, or (C) the month in which the widow’s or widower’s previous entitlement to an annuity as the widow or widower of the deceased employee terminated because her or his disability had ceased and (ii) ending with the month before the month in which she or he attains age sixty, or, if earlier, with the close of the eighty-fourth month following the month with which such period began.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>For purposes of paragraph (i) or (iii) of subdivision (1), a widow, widower, or child shall be under a disability if her or his permanent physical or mental condition is such that she or he is unable to engage in any regular employment. The provisions of subsection (a)(3) of this section as to the proof of disability shall apply with regard to determinations with respect to disability under subdivision (1).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>In determining for purposes of this subsection and subdivision (3) of subsection (c) whether an applicant is the wife, husband, widow, widower, child, or parent of a deceased employee as claimed, the rules set forth in section 216(h) of the Social Security Act shall be applied<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s416">42 USC 416</ref>.</p></sidenote><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s402">42 USC 402</ref>.</p></sidenote> deeming, for this purpose, individuals entitled to an annuity under subsection (c) to be entitled to benefits under subsection (b) or (c) of section 202 of the Social Security Act and, individuals entitled to an annuity under paragraph (i) or (ii) of subsection (d)(1) to be entitled to a benefit under subsection (e), (f), or (g) of section 202 of the Social Security Act. For purposes of paragraph (iii) of subdivision (1), a child shall be deemed to have been dependent upon his parent employee if the conditions set forth in section 202(d)(3), (4), or (9) of the Social Security Act are fulfilled. The provisions of paragraph (7) of section 202(d) of the Social Security Act (defining the terms ‘full-time student’ and ‘educational institution’) shall be applied by the Board in the administration of this subsection as if the references therein to the Secretary were references to the Board. A child who attains age twenty-two at a time when he is a full-time student (as defined in subparagraph (A) of paragraph (7) of section 202(d) of the Social Security Act and without the application of subparagraph (B) of such paragraph) but has not (at such time) completed the requirements for, or received, a degree from a four-year<page identifier="/us/stat/88/1316">88 <inline class="smallCaps">Stat</inline>. 1316</page> college or university shall be deemed (for purposes of determining his continuing or initial entitlement to an annuity under this subsection) not to have attained such age until the first day of the first month following the end of the quarter or semester in which he is enrolled at such time (or, if the educational institution in which he is enrolled is not operated on a quarter or semester system, until the first day of the first month following the completion of the course in which he is enrolled or until the first day of the third month beginning after such time, whichever first occurs).</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>No individual shall be entitled to an annuity under subsection (a)(1) until he shall have ceased to render compensated service to any person, whether or not an employer as defined in section 1(a) (but with the right to engage in other employment to the extent not prohibited by subdivision (3) or (4) of this subsection or by subsection<sidenote><p class="indent0 firstIndent0 fontsize8">“Compensated service.”</p></sidenote> (f)). As used in this subsection, the term ‘compensated service’ shall not include any service as an elected public official of the United States, a State, or any political subdivision of a State.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>An annuity under subsection (a)(1) shall be paid only if the applicant shall have relinquished such rights as he may have to return to the service of an employer and of the person, or persons, by whom he was last employed: <proviso><i>Provided, however,</i> That this requirement shall not apply to individuals mentioned in paragraphs (iv) and (v) of subsection (a)(1) prior to attaining age sixty-five:</proviso> <proviso><i>Provided further,</i> That, notwithstanding the provisions of the preceding proviso and of clause (i) of subsection (c)(1) of this section, an annuity shall be paid to the spouse of an individual only if such individual shall have satisfied the requirements of this subdivision without regard to the preceding proviso:</proviso> <proviso><i>And provided further,</i> That, notwithstanding the provisions of the first proviso of this subdivision and of clause (iii) of subsection (b)(1) of this section, a supplemental annuity shall be paid to an individual only if such individual shall have satisfied the requirements of this subdivision without regard to the first proviso thereof.</proviso></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>No annuity under subsection (a)(1) or supplemental annuity under subsection (b)(1) shall be paid with respect to any month in which an individual in receipt of an annuity or supplemental annuity thereunder shall render compensated service to an employer or to the last person, or persons, by whom he was employed prior to the date on which the annuity under subsection (a)(1) began to accrue. Individuals receiving annuities under subsection (a)(1) shall report to the Board immediately all such compensated service.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>No annuity under paragraph (iv) or (v) of subsection (a)(1) shall be paid to an individual with respect to any month in which the individual is under age sixty-five and is paid more than $200 in earnings from employment or self-employment of any form: <proviso><i>Provided, however,</i> That for purposes of this subdivision, if a payment in any one calendar month is for accruals in more than one calendar month, such payment shall be deemed to have been paid in each of the months in which accrued to the extent accrued in such month.</proviso> Any such individual under the age of sixty-five shall report to the Board any such payment of earnings for such employment or self-employment before receipt and acceptance of an annuity for the second month following the month of such payment. A deduction shall be imposed, with respect to any such individual who fails to make such report, in the annuity or annuities otherwise due the individual, in an amount equal to the amount of the annuity for each month in which he is paid such earnings in such employment or self-employment, except that the first deduction imposed pursuant to this sentence shall in no case exceed an amount equal to the amount of the annuity otherwise due for the first<page identifier="/us/stat/88/1317">88 <inline class="smallCaps">Stat</inline>. 1317</page> month with respect to which the deduction is imposed. If pursuant to the first sentence of this subdivision an annuity was not paid to an individual with respect to one or more months in any calendar year, and it is subsequently established that the total amount of such individual’s earnings during such year as determined in accordance with that sentence (but exclusive of earnings for services described in subdivision (3)) did not exceed $2,400, the annuity with respect to such month or months, and any deduction imposed by reason of the failure to report earnings for such month or months under the third sentence of this subdivision, shall then be payable. If the total amount of such individual’s earnings during such year (exclusive of earnings for services described in subdivision (3)) is in excess of $2,400, the number of months in such year with respect to which an annuity is not payable by reason of such first and third sentences shall not exceed one month for each $200 of such excess, treating the last $100 or more of such excess as $200; and if the amount of the annuity has changed during such year, any payments of annuities which become payable solely by reason of the limitations contained in this sentence shall be made first with respect to the month or months for which the annuity is larger.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>The annuity of a spouse under subsection (c) shall, with respect to any month, be subject to the same provisions of this subsection as the individual’s annuity. In addition, the annuity of a spouse under subsection (c) shall not be payable for any month if the individual’s annuity under subsection (a)(1) is not payable for such month by reason of the provisions of this subsection.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>That portion of the individual’s annuity as is computed under section 3(a) of this Act on the basis of (A) his compensation and years of service subsequent to December 31, 1974, and (B) his wages and self-employment income derived from employment and self-employment under the Social Security Act and that portion of<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s403">42 USC 403</ref>.</p></sidenote> the individual’s annuity as is computed under section 3(h) of this Act shall be subject to deductions on account of work pursuant to the provisions of section 203 of the Social Security Act in the same manner as if such portion of such annuity were a monthly insurance benefit under that Act: <proviso><i>Provided, however,</i> That the provisions of this subdivision shall be applicable to the annuity of an individual only if such individual would be fully insured under the Social Security Act on the basis of wages and self-employment income derived from employment and self-employment under that Act and on the basis of compensation derived from service as an employee after December 31, 1974, if such service as an employee had been included in the term ‘employment’ as defined in that Act.</proviso> Any person in receipt of an annuity subject to deduction under this subsection shall report to the Board the receipt of excess earnings as defined in paragraph (3) of section 203(f) of the Social Security Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>That portion of the spouse’s annuity under subsection (c) which is derived from the portion of the individual’s annuity subject to deductions under subdivision (1) and that portion of the spouse’s annuity as is computed under section 4(e) of this Act shall be subject to deductions on account of work pursuant to the provisions of section 203 of the Social Security Act in the same manner as if such portion of such spouse’s annuity were a monthly insurance benefit under that Act. In addition, such portion of the spouse’s annuity shall be subject to deductions if the individual’s annuity is subject to deductions under subdivision (1) in the same manner as if such portion of such spouse’s annuity were a monthly insurance benefit under the Social Security Act.</content> </paragraph> </subsection> <page identifier="/us/stat/88/1318">88 <inline class="smallCaps">Stat</inline>. 1318</page> <subsection class="indent0 fontsize10"> <num value="g">“(g)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>No annuity shall be paid to a survivor under subsection (d) with respect to any month in which such survivor renders service for compensation as an employee of an employer. Survivors receiving annuities under subsection (d) shall report to the Board immediately all such service for compensation.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Deductions, in amounts and at such time or times as the Board shall determine, shall be made from any payments to which a survivor is entitled under subsection (d) until the total of such deductions equals such survivor’s annuity under that subsection for any month, if for such month such survivor is under the age of seventy-two and is charged with excess earnings under section 203(f) of the Social Security<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s403">42 USC 403</ref>.</p></sidenote><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s402">42 USC 402</ref>.</p></sidenote> Act or, having engaged in any activity outside the United States, would be charged under such section 203(f) with any excess earnings derived from such activity if it had been an activity within the United States. For purposes of this subdivision the Board shall have the authority to take such actions and to make such determinations and such suspensions of payment of benefits in the manner and to the extent that the Secretary of Health, Education, and Welfare would be authorized to take or to make under section 203(h)(3) of the Social Security Act if the survivors were receiving the annuities to which this subdivision applies under section 202 of such Act: <proviso><i>Provided, however,</i> That in determining a survivor’s excess earnings for a year for the purposes of this subdivision there shall not be included his income from employment or self-employment during months beginning with the month with respect to which he ceases to be qualified for an annuity.</proviso> Survivors receiving annuities under subsection (d) shall report to the Board the receipt of excess earnings described in this subdivision.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="h">“(h)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>In the event military service credited under section 3(i)(2) of this Act is or has been used as the basis or as a partial basis for a pension, disability compensation, or any other gratuitous benefits payable on a periodic basis under any other Act of Congress, any annuity of an individual under subsection (a)(1) which is based in part on such military service shall be reduced, with respect to a calendar month for all or part of which such other benefit is also payable, by (i) the proportion which the number of years of service by which such military service increases the years of service bears to the total years of service, or (ii) the aggregate amount of such pension or other benefit with respect to that month, whichever would result in the smaller reduction: <proviso><i>Provided, however,</i> That in no case shall the reduction under this subdivision operate to reduce the annuity of an individual under subsection (a)(1) below the amount it would have been if military service had not been included in the individual’s years of service.</proviso> If the annuity of an individual under subsection (a)(1) is reduced for any month by reason of this subdivision, any annuity payable to the spouse of such individual for such month under subsection (c) shall be reduced proportionately.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The supplemental annuity provided an individual by subsection (b) shall, with respect to any month, be reduced by the amount of the supplemental pension, attributable to the employer’s contribution, that such individual is entitled to receive for that month under any other supplemental pension plan: <proviso><i>Provided, however,</i> That the maximum of such reduction shall be equal to the amount of the supplemental annuity less any amount by which the supplemental pension is reduced by reason of the supplemental annuity.</proviso></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>If a spouse entitled to an annuity under subsection (c) or a survivor entitled to an annuity under subsection (d) for any month is also entitled to annuity under subsection (a)(1) for such month, the annuity under subsection (c) or (d) shall be reduced, but not below<page identifier="/us/stat/88/1319">88 <inline class="smallCaps">Stat</inline>. 1319</page> zero, by an amount equal to the annuity under subsection (a)(1): <proviso><i>Provided, however,</i> That the provisions of this subdivision shall not apply if either the spouse or survivor or the individual upon whose earnings record the spouse’s or survivor’s annuity under subsection (c) or (d) is based rendered service as an employee to an employer, or as an employee representative, prior to January 1, 1975.</proviso></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>If an annuitant is entitled to more than one annuity under subsections (c) and (d) for a month, such annuitant shall be entitled to only the larger of such annuities for such month, except that, if such annuitant so elects, he shall instead be entitled to only the smaller of such annuities for such month.</content> </paragraph> </subsection> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“computation or employee annuities</heading> <section class="firstIndent1 fontsize10"> <num value="3"><inline class="smallCaps">“Sec</inline>. 3. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>The annuity of an individual under section 2(a)(1)<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231b">45 USC 231b</ref>.</p></sidenote><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote> of this Act shall be in an amount equal to the amount (before any reduction on account of age and before any deductions on account of work) of the old-age insurance benefit or disability insurance benefit to which such individual would have been entitled under the Social Security Act if all of his or her service as an employee after December 31, 1936, had been included in the term ‘employment’ as defined in that Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>For purposes of this subsection, individuals entitled to an annuity under paragraph (ii) of section 2(a)(1) of this Act shall, except for purposes of recomputations in accordance with the provisions of section 215(f) of the Social Security Act, be deemed to have<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s415">42 USC 415</ref>.</p></sidenote><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s423">42 USC 423</ref>.</p></sidenote> attained age 65, and individuals entitled to an annuity under paragraph (iv) or (v) of such section 2(a)(1) shall be deemed to be entitled to a disability insurance benefit under section 223 of the Social Security Act.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The amount of the annuity of an individual provided under subsection (a) of this section shall be increased by an amount equal to (A) the amount of the annuity to which such individual would have been entitled (without regard to the requirement that an individual’s years of service be ten or more) under section 2(a)(1) of the Railroad Retirement Act of 1937 as in effect on December 31,<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228b">45 USC 228b</ref>.</p></sidenote> 1974, on the basis of his compensation and years of service prior to January 1, 1975, deeming such individual (i) to be eligible for such an annuity and (ii) to be entitled to no other benefit under either that Act or the Social Security Act except a benefit under the Social Security Act in the amount computed in accordance with the provisions of subclause (ii) of clause (C) of subsection (h)(1) or (h)(2) of this section, minus (B) the amount of the old-age insurance benefit to which such individual would have been entitled (before any deductions on account of work and subject to the last sentence of this subdivision) under the Social Security Act as in effect on December 31, 1974, if all his service as an employee after December 31, 1936, and before January 1, 1975, were included in the term ‘employment’ as defined in that Act, and if such individual (i) were age 65 and otherwise eligible for such a benefit and (ii) had no wages or self-employment income under that Act other than wages derived from service as an employee after December 31, 1936, and before January 1, 1975. For purposes of computing amounts under clause (A) of this subdivision, the Board shall have the authority to approximate the effect of the reductions prescribed by sections 3(a)(2) and 3(a)(3) of the Railroad Retirement Act of 1937 in cases where the individual<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228c">45 USC 228c</ref>.</p></sidenote> is entitled to a benefit under subsection (h)(1) or (h)(2) of this section. For purposes of this subdivision, 18 ‘benefit computation years’ shall be used in calculating an individual’s ‘average monthly wage’,<page identifier="/us/stat/88/1320">88 <inline class="smallCaps">Stat</inline>. 1320</page> except in computing increases in amounts determined under clause (A) of this subdivision pursuant to section 3(a)(6) of the Railroad<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228c">45 USC 228c</ref>.</p></sidenote> Retirement Act of 1937.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The amount computed under subdivision (1) of this subsection shall be increased by 65 per centum of the percentage increase obtained by comparing the unadjusted Consumer Price Index for the month of September 1976 with the unadjusted Consumer Price Index for the September immediately preceding the earlier of (A) the calendar year in which the individual’s annuity under section 2(a)(1) of this Act begins to accrue or (B) the calendar year 1981.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>If an individual entitled to an annuity under section 2(a)(1) of this Act will have rendered service as an employee to an employer, or as an employee representative, subsequent to December 31, 1974, the amount of the annuity of such individual provided under the preceding subsections of this section shall be increased by $1.50 for each of the first ten years of service that the individual has prior to January 1, 1975, and by $1.00 for each year of service prior to January 1, 1975, that the individual has in excess of ten years.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The amount of the annuity of an individual provided under the preceding subsections of this section shall be increased according to the following formula: <p class="centered fontsize10">I = Y (.005A + 4)</p></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The amount computed under subdivision (1) of this subsection shall be increased according to the following formula: <p class="centered fontsize10">I = 2.6YC</p></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>The amount computed under subdivisions (1) and (2) of this subsection shall be further increased according to the following formula: <p class="centered fontsize10">I=.005Y[.65BC-(B-D)]</p> <p class="indent0 fontsize10">In no event shall this subdivision result in a decrease in the amounts computed under subdivisions (1) and (2).</p></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>For purposes of the formulae set forth in this subsection: <p class="indent0 fontsize10">“‘I’ represents the amount of increase in dollars;</p> <p class="indent0 fontsize10">“‘A’ represents the employee’s average monthly compensation for service after 1974;</p> <p class="indent0 fontsize10">“‘Y’ represents the number of years of service of the employee after 1974;</p> <p class="indent0 fontsize10">“‘C’ represents the percentage increase (converted to a decimal fraction) obtained by comparing the unadjusted Consumer Price Index for the month of September 1976 with the unadjusted Consumer Price Index for the September immediately preceding the earlier of the calendar year in which the individual’s annuity under section 2(a)(1) of this Act begins to accrue, or the calendar year 1981;</p> <p class="indent0 fontsize10">“‘B’ represents the employee’s average monthly compensation for his years of service after 1974 (disregarding, for this purpose, compensation for any month after 1980 in excess of one-twelfth of the maximum taxable ‘wages’ as defined in section 3121 of the Internal<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s3121">26 USC 3121</ref>.</p></sidenote> Revenue Code of 1954 for the calendar year 1980);</p> <p class="indent0 fontsize10">“‘D’ represents the employee’s average monthly compensation for his years of service after 1974 (disregarding, for this purpose, compensation for any month after 1976 in excess of one-twelfth of the maximum taxable ‘wages’ as defined in section 3121 of the Internal Revenue Code for the calendar year 1976).</p> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content>The supplemental annuity of an individual under section 2(b) of this Act shall be $23 plus an additional amount of $4 for each year<page identifier="/us/stat/88/1321">88 <inline class="smallCaps">Stat</inline>. 1321</page> of service that the individual has in excess of 25 years, but in no case shall the supplemental annuity exceed $43.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>If the total amount of an individual’s annuity and supplemental annuity computed under the preceding subsections of this section would, before any reductions on account of age, before any reduction due to such individual’s entitlement to a monthly insurance benefit under the Social Security Act, and disregarding any increases<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote> in such total amount which become effective after the date on which such begins to accrue, exceed an amount equal to the sum of individual’s annuity under section 2(a)(1) of this Act (A) 100 per centum of his ‘final average monthly compensation’ up to an amount equal to 50 per centum of one-twelfth of the maximum annual taxable ‘wages’ (as defined in section 3121 of the Internal Revenue Code of 1954)<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s3121">26 USC 3121</ref>.</p></sidenote> for the calendar year in which such individual’s annuity under section 2(a)(1) of this Act begins to accrue, plus (B) 80 per centum of so much of his ‘final average monthly compensation’ as exceeds 50 per centum of one-twelfth of the maximum annual taxable ‘wages’ (as defined in section 3121 of the Internal Revenue Code of 1954) for the calendar year in which such individual’s annuity under section 2(a) (1) of this Act begins to accrue, the supplemental annuity of such individual first, and then, if necessary, the annuity amount of such individual as computed under subsections (b), (c), and (d) of this section, shall be reduced until such total amount of such individual’s annuity and supplemental annuity equals such sum or until such supplemental annuity and such annuity amount computed under subsections (b), (c), and (d) of this section are reduced to zero, whichever occurs first: <proviso><i>Provided, however,</i> That the provisions of this subdivision shall not operate to reduce the total amount of an individual’s annuity and supplemental annuity computed under the preceding subsections of this section below $1,200.</proviso> For purposes of this subdivision, the ‘final average monthly compensation’ of an individual shall be determined by dividing the total compensation received by such individual in the two calendar years, consecutive or otherwise, in which he was credited with the highest total compensation during the ten-year period ending with December 31 of the year in which such individual’s annuity under section 2(a)(1) of this Act begins to accrue by 24. For purposes of this subdivision, the term ‘compensation’ shall include ‘compensation’ as defined in section 1(h) of this Act, ‘wages’ as defined in section 209 of the Social Security Act, ‘self-employment income’ as<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s409">42 USC 409</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s411">42 USC 411</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s417">42 USC 417</ref>, <ref href="/us/usc/t42/s429">429</ref>.</p></sidenote> defined in section 211 (b) of the Social Security Act, and wages deemed to have been paid under section 217 or 229 of the Social Security Act on account of military service: <proviso><i>Provided, however,</i> That in no case shall the compensation with respect to any calendar month exceed the limitation on the compensation for such month prescribed in subsection (j) of this section.</proviso> Wages and self-employment income included as compensation for purposes of this subdivision shall, in the absence of evidence to the contrary, be presumed to have been paid in equal proportions with respect to all months in the calendar quarter in which credited, in the case of wages, or in equal proportions with respect to all months in the calendar year in which credited, in the case of self-employment income.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>If, in the case of an individual whose annuity under section 2(a)(1) of this Act began to accrue prior to January 1, 1983, the annuity (before any reduction due to such individual’s entitlement to a monthly insurance benefit under the Social Security Act and disregarding any amount provided by subsection (h) of this section) plus the supplemental annuity to which such individual is entitled for any month under this Act, together with the annuity, if any, of the spouse of such individual (before any reduction due to such<page identifier="/us/stat/88/1322">88 <inline class="smallCaps">Stat</inline>. 1322</page> spouse’s entitlement to a wife’s or husband’s insurance benefit under the<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228a">45 USC 228a</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s3121">26 USC 3121</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228c">45 USC 228c</ref>.</p></sidenote> Social Security Act and disregarding any amount provided by section 4(e) of this Act), before any reductions under the provisions of section 2(f) of this Act, is less than the total amount which would have been payable to such individual and his spouse for such month, on the basis of the individual’s compensation and years of service, under the provisions of the Railroad Retirement Act of 1937 as in effect on December 31, 1974, disregarding, for purposes of the computations under such Railroad Retirement Act of 1937, compensation for any month after December 31, 1974, in excess of one-twelfth of the maximum annual taxable ‘wages’ (as defined in section 3121 of the Internal Revenue Code of 1954) for the calendar year 1974, the annuity of such individual and the annuity of such spouse, if any, shall be increased, without regard to the provisions of subdivision (1) of this subsection, proportionately so as to equal such total amount. For the purpose of computing amounts under this subdivision, the Board shall have the authority to approximate the effect of the reductions prescribed by sections 3(a)(2) and 3 (a)(3) of the Railroad Retirement Act of 1937. For purposes of computing amounts payable under the Railroad Retirement Act of 1937, any increases in the amounts determined under the first proviso of section 3(e) of such Act which would have become effective after December 31, 1974, shall be disregarded.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>If for any month in which an annuity accrues and is payable under this Act the annuity to which an individual is entitled under this Act (or would have been entitled except for a reduction pursuant to a joint and survivor election), together with the annuity, if any, of the spouse of such individual, is less than the total amount, or the additional amount, which would have been payable to all persons for such month under the Social Security Act if such individual’s service as an employee after December 31, 1936, were included in the term ‘employment’ as defined in that Act, such annuity or annuities shall be increased proportionately to such total amount, or such additional amount: <proviso><i>Provided, however,</i> That if an annuity accrues to an individual or a spouse for a part of a month, the amount payable for such part of a month under this subdivision shall be one-thirtieth of the amount payable under this subdivision for an entire month, multiplied by the number of days in such part of a month.</proviso> For purposes of this subdivision, (i) persons not entitled to an annuity under section 2 of this Act shall not be included in the computation under this subdivision except a spouse who could qualify for an annuity under section 2(c) of this Act if the individual from whom the spouse’s annuity under this Act would derive had attained age 60 or 62, as the case may be, and such individual’s children who meet the definition as such contained in section 216(e)<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s416">42 USC 416</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s423">42 USC 423</ref>.</p></sidenote> of the Social Security Act; (ii) after an annuity has been certified for payment and this subdivision was inapplicable after allowing for any waiting period under section 223 (c)(2) of the Social Security Act, and after having considered the inclusion of all persons who were then eligible for inclusion in the computation under this subdivision, or was then applicable but later became inapplicable, any recertification in such annuity under this subdivision shall not take into account persons not entitled to an annuity under section 2 of this Act except a spouse who could qualify for an annuity under section 2(c) of this Act when she attains age 60 or 62, as the case may be, if the individual from whom the spouse’s annuity would derive had attained age 60 or 62, as the case may be, and who was married to such individual at the time he applied for his annuity; and (iii) in computing the amount to be paid under this subdivision the only benefits under title II of the Social<page identifier="/us/stat/88/1323">88 <inline class="smallCaps">Stat</inline>. 1323</page> Security Act which shall be considered shall be those to which the<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401</ref>.</p></sidenote> persons included in the computation are entitled.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="g">“(g) </num> <content>Those portions of the annuity of an individual as are computed under subsections (b) and (d) of this section shall, if such individual’s annuity under section 2(a)(1) of this Act began to accrue on or before the date on which the applicable increase under this subsection becomes effective, be increased by 32.5 per centum of the percentage increase, if any (rounded to the nearest one-tenth of 1 percent), obtained by comparing (A) the unadjusted Consumer Price Index for the calendar quarter ending March 31, 1977, with such index for the calendar quarter ending March 31, 1976, (B) the unadjusted Consumer Price Index for the calendar quarter ending March 31, 1978, with the higher of (i) such index for the calendar quarter ending March 31, 1977, or (ii) such index for the calendar quarter ending March 31, 1976, (C) the unadjusted Consumer Price Index for the calendar quarter ending March 31, 1979, with the highest of (i) such index for the calendar quarter ending March 31, 1978, (ii) such index for the calendar quarter ending March 31, 1977, or (iii) such index for the calendar quarter ending March 31, 1976, and (D) the unadjusted Consumer Price Index for the calendar quarter ending March 31, 1980, with the highest of (i) such index for the calendar quarter ending March 31, 1979, (ii) such index for the calendar quarter ending March 31, 1978, (iii) such index for the calendar quarter ending March 31, 1977, or (iv) such index for the calendar quarter ending March 31, 1976. The unadjusted Consumer Price Index for any calendar quarter shall be the arithmetical mean of such index for the three months in such quarter. The increases provided under clauses (A), (B), (C), and (D) of this subsection shall be effective on June 1, 1977, June 1, 1978, June 1, 1979, and June 1, 1980, respectively.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="h">“(h)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The amount of the annuity provided under subsections (a) through (d) of this section of an individual who (A) will have (i) rendered service as an employee to an employer, or as an employee representative, during the calendar year 1974, or (ii) had a current connection with the railroad industry on December 31, 1974, or at the time his annuity under section 2(a)(1) of this Act began to accrue, or (iii) completed twenty-five years of service prior to January 1, 1975, and (B) will have (i) completed ten years of service prior to January 1, 1975, and (ii) been permanently insured under the Social Security Act on December 31, 1974, shall be increased by an amount<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote> equal to the amount by which (C) the sum of (i) the primary insurance amount to which such individual would have been entitled, upon the attainment of age 65 (or, if later, for January 1975), under the provisions of the Social Security Act as in effect on December 31, 1974, if his service as an employee after December 31, 1936, and prior to January 1, 1975, were included in the term ‘employment’ as defined in that Act and if he had no wages or self-employment income under that Act other than wages derived from such service as an employee, and (ii) the primary insurance amount to which such individual would have been entitled, upon the attainment of age 65 (or, if later, for January 1975), under the provisions of the Social Security Act as in effect on December 31, 1974, on the basis of his wages and self-employment income derived from employment and self-employment under that Act prior to January 1, 1975, exceeds (D) the primary insurance amount to which such individual would have been entitled, upon the attainment of age 65 (or, if later, for January 1975), under the provisions of the Social Security Act as in effect on December 31, 1974, on the basis of his wages and self-employment income derived from employment and self-employment under that Act prior to January 1, 1975, and on the basis of compensation derived from service as an<page identifier="/us/stat/88/1324">88 <inline class="smallCaps">Stat</inline>. 1324</page> employee after December 31, 1936, and prior to January 1, 1975, if such service as an employee had been included in the term ‘employment’ as defined in that Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The amount of the annuity provided under subsections (a) through (d) of this section to an individual who (A) will not have met the conditions set forth in subclause (i), (ii), or (iii) of clause (A) of subdivision (1) of this subsection, but (B) will have (i) completed ten years of service prior to January 1, 1975, and (ii) been permanently<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote> insured under the Social Security Act as of December 31 of the calendar year prior to 1975 in which he last rendered service as an employee to an employer, or as an employee representative, shall be increased by an amount equal to the amount by which (C) the sum of (i) the primary insurance amount to which such individual would have been entitled, upon the attainment of age 65 (or, if later, for January 1975), under the provisions of the Social Security Act as in effect on December 31, 1974, if his service as an employee after December 31, 1936, and prior to January 1, 1975, were included in the term ‘employment’ as defined in that Act and if he had no wages or self-employment income under that Act other than wages derived from such service as an employee, and (ii) the primary insurance amount to which such individual would have been entitled, upon the attainment of age 65 (or, if later, for January 1975), under the provisions of the Social Security Act as in effect on December 31, 1974, on the basis of his wages and self-employment income derived from employment and self-employment under that Act as of December 31 of the calendar year prior to 1975 in which he last performed service as an employee under this Act, exceeds (D) the primary insurance amount to which such individual would have been entitled, upon the attainment of age 65 (or, if later, for January 1975), under the provisions of the Social Security Act as in effect on December 31, 1974, on the basis of his wages and self-employment income derived from employment and self-employment under that Act as of December 31 of the calendar year prior to 1975 in which he last performed service as an employee under this Act and on the basis of compensation derived from service as an employee after December 31, 1936, and prior to January 1, 1975, if such service as an employee had been included in the term ‘employment’ as defined in that Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>The amount of the annuity provided under subsections (a) through (d) of this section of an individual who (A) will have (i) rendered service as an employee to an employer, or as an employee representative, during the calendar year 1974, or (ii) had a current connection with the railroad industry on December 31, 1974, or at the time his annuity under section 2(a)(1) of this Act began to accrue, or (iii) completed twenty-five years of service prior to January 1, 1975, and (B) will have completed ten years of service prior to January 1, 1975, and is the wife, husband, widow, or widower of a person who will have been permanently insured under the Social Security Act on December 31, 1974, shall be increased by an amount equal to the smaller of (C) the wife’s, husband’s, widow’s, or widower’s insurance benefit to which such individual would have been entitled, upon attaining age 65 (or, if later, for January 1975), under the provisions of the Social Security Act as in effect on December 31, 1974, on the basis of such person’s wages and self-employment income derived from employment and self-employment under that Act prior to January 1, 1975, or (D) the primary insurance amount to which such individual would have been entitled upon attaining age 65 (or, if later, for January 1975), under the provisions of the Social Security Act as in effect on December 31, 1974, on the basis of such individual’s wages and self-employment income derived from employment and self-employment<page identifier="/us/stat/88/1325">88 <inline class="smallCaps">Stat</inline>. 1325</page> under that Act prior to January 1, 1975, and on the basis of compensation derived from service as an employee after December 31, 1936, and prior to January 1, 1975, if such service as an employee had been included in the term ‘employment’ as defined in that Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>The amount of the annuity provided under subsections (a) through (d) of this section of an individual who (A) will not have met the conditions set forth in subclause (i), (ii), or (iii) of clause (A) of subdivision (3) of this subsection, but (B) will have completed ten years of service prior to January 1, 1975, and is the wife, husband, widow, or widower of a person who will have been permanently insured under the Social Security Act as of December 31 of the calendar year prior to 1975 in which such individual last rendered service as an employee to an employer, or as an employee representative, shall be increased by an amount equal to the smaller of (C) the wife’s, husband’s, widow’s, or widower’s insurance benefit to which such individual would have been entitled, upon attaining age 65 (or, if later, for January 1975), under the provisions of the Social Security Act as in effect on December 31, 1974, on the basis of such person’s wages and self-employment income derived from employment and self-employment under that Act as of December 31 of the<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote> calendar year prior to 1975 in which such individual last performed service as an employee under this Act or (D) the primary insurance amount to which such individual would have been entitled upon attaining age 65 (or, if later, for January 1975), under the provisions of the Social Security Act as in effect on December 31, 1974, on the basis of such individual’s wages and self-employment income derived from employment and self-employment under that Act as of December 31 of the calendar year prior to 1975 in which such individual last performed service as an employee under this Act and on the basis of compensation derived from service as an employee after December 31, 1936, and prior to January 1, 1975, if such service as an employee had been included in the term ‘employment’ as defined in that Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>The amount computed under subdivision (1), (2), (3), or (4) of this subsection shall be increased by the same percentage, or percentages, as benefits under the Social Security Act are increased, or would have been increased had there been no general benefit increases under the Social Security Act, pursuant to the automatic cost-of-living provisions of section 215 (i) of that Act, during the period from January 1, 1975,<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s415">42 USC 415</ref>.</p></sidenote> to the date on which the individual’s annuity under section 2(a)(1) of this Act began to accrue.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="i">“(i)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The ‘years of service’ of an individual shall include all his<sidenote><p class="indent0 firstIndent0 fontsize8">Years of service.</p></sidenote> service subsequent to December 31, 1936.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The ‘years of service’ of an individual shall also include his voluntary or involuntary military service, within or without the United States, during any war service period: <proviso><i>Provided, however,</i> That such military service shall be included only if, prior to the beginning of his military service and in the same calendar year in which such military service began, or in the next preceding calendar year, the individual rendered service for compensation to an employer or to a person service to which is otherwise creditable under this Act, or lost time as an employee for which he received remuneration, or was serving as an employee representative:</proviso> <proviso><i>Provided further,</i> That such military service shall be included only subject to and in accordance with the provisions of subdivisions (1) and (3) of this subsection in the same manner as though military service were service rendered as an employee:</proviso> <proviso><i>And provided further,</i> That such military service rendered after December 1956 shall not be included with respect to any month if (A) any benefits are payable for that month under the Social Security Act on the basis of such individual’s wages and self-employ-<page identifier="/us/stat/88/1326">88 <inline class="smallCaps">Stat</inline>. 1326</page>ment income, (B) such military service was included in the computation of such benefits, and (C) the inclusion of such military service in the computation of such benefits resulted (for that month) in benefits not otherwise payable or in an increase in the benefits otherwise payable:</proviso> <proviso><i>And provided further,</i> That an individual who entered military service prior to a war service period shall not be regarded as having been in military service in a war service period with respect to any part of the period for which he entered such military service.</proviso></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>The ‘years of service’ of an individual who was an employee on August 29, 1935, shall, if the total number of his ‘years of service’ as determined under subdivisions (1) and (2) is less than thirty, also include his service prior to January 1, 1937, but not so as to make his total years of service exceed thirty: <proviso><i>Provided, however,</i> That with respect to any such individual who rendered service to any employer subsequent to December 31, 1936, and who on August 29, 1935, was not an employee of an employer conducting the principal part of its business in the United States, no ‘greater proportion of his service rendered prior to January 1, 1937, shall be included in his ‘years of service’ than the proportion which his total compensation (without regard to any limitation on the amount of compensation otherwise provided in this Act) for service subsequent to December 31, 1936, rendered anywhere to an employer conducting the principal part of its business in the United States or rendered in the United States to any other employer bears to his total compensation (without regard to any limitation on the amount of compensation otherwise provided in this Act) for service rendered anywhere to an employer subsequent to December 31, 1936.</proviso> Where the ‘years of service’ include only part of the service prior to January 1, 1937, the part included shall be taken in reverse order beginning with the last calendar month of such service.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="j">“(j) </num> <content>The<sidenote><p class="indent0 firstIndent0 fontsize8">Average monthly compensation.</p></sidenote> ‘average monthly compensation’ shall be the average compensation paid to an employee with respect to calendar months included in his ‘years of service’, except (1) that with respect to service prior to January 1, 1937, the monthly compensation shall be the average compensation paid to an employee with respect to calendar months included in his years of service in the years 1924–1931, and (2) the amount of compensation paid or attributable as paid to him with respect to each month of service before September 1941 as a station employee whose duties consisted of or included the carrying of passengers’ hand baggage and otherwise assisting passengers at passenger stations and whose remuneration for service to the employer was, in whole or in substantial part, in the forms of tips, shall be the monthly average of the compensation paid to him as a station employee in his months of service in the period September 1940 through August 1941: <proviso><i>Provided, however,</i> That where service in the period 1924 through 1931 in the one case, or in the period September 1940 through August 1941 in the other case, is, in the judgment of the Board, insufficient to constitute a fair and equitable basis for determing the amount of compensation paid or attributable as paid to him in each month of service before 1937, or September 1941, respectively, the Board shall determine the amount of such compensation for each such month in such manner as in its judgment shall be fair and equitable.</proviso> In computing the monthly compensation, no part of any month’s compensation in excess of $300 for any month before July 1, 1954, or in excess of $350 for any month after June 30, 1954, and before June 1, 1959, or in excess of $400 for any month after May 31, 1959, and before November 1, 1963, or in excess of $450 for any month after October 31, 1963, and before October 1, 1965, or in excess of (i) $450, or (ii) an amount equal to one-twelfth of the current maximum annual taxable ‘wages’ as<page identifier="/us/stat/88/1327">88 <inline class="smallCaps">Stat</inline>. 1327</page> defined in section 3121 of the Internal Revenue Code of 1954, whichever<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s3121">26 USC 3121</ref>.</p></sidenote> is greater, for any month after September 30, 1965, shall be recognized. If the employee earned compensation in service after June 30, 1937, and after the last day of the calendar year in which he attained age sixty-five, such compensation and service shall be disregarded in computing the average monthly compensation if the result of taking such compensation into account in such computation would be to diminish his annuity. If the ‘average monthly compensation’ computed under this subsection is not a multiple of $1, it shall be rounded to the next lower multiple of $1. Where an employee claims credit for months of service rendered within two years prior to his retirement from the service of an employer, with respect to which the employer’s return pursuant to section 9 of this Act has not been entered on the records of the Board<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post,</i> p. 1343.</p></sidenote> before the employee’s annuity could otherwise be certified for payment, the Board may, in its discretion (subject to subsequent adjustment at the request of the employee) include such months in the computation of the annuity without further verification and may consider the compensation for such months to be the average of the compensation for months in the last period for which the employer has filed a return of the compensation of such employee and such return has been entered on the records of the Board.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="k">“(k) </num> <content>The annuity of an individual who shall have been an employee representative shall be determined in the same manner and with the same effect as if the employee organization by which he shall have been employed were an employer.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="l">“(l) </num> <content>In cases where an annuity awarded under paragraph (iii) of section 2(a)(1) or under section 2(c)(2) of this Act is increased either by a change in the law or by a recomputation, the reduction for the increase in the annuity shall be determined separately and the period with respect to which the reduction applies shall be determined as if such increase were a separate annuity payable for and after the first month for which such increase is effective.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="m">“(m) </num> <content>The annuity of any individual under subsection (a) of this section for any month shall be reduced, but not below zero, by the amount of any monthly benefit payable to that individual for that month under title II of the Social Security Act.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401</ref>.</p></sidenote></content> </subsection> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“computation of spouse and survivor annuities</heading> <section class="firstIndent1 fontsize10"> <num value="4"><inline class="smallCaps">“Sec</inline>. 4. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>The annuity of a spouse of an individual under section 2(c)<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231c">45 USC 231c</ref>.</p></sidenote> of this Act shall be in an amount equal to the amount (before any reduction on account of age and before any deductions on account of work) of the wife’s insurance benefit or the husband’s insurance benefit to which such spouse would have been entitled under the Social Security Act if such individual’s service as an employee after December<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote> 31, 1936, had been included in the term ‘employment’ as defined in that Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>For purposes of this subsection, spouses entitled to an annuity under clause (B) of paragraph (ii) of section 2(c)(1) of this Act shall be deemed to have attained age 65.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>The amount of the annuity of a spouse of an individual provided under subsection (a) of this section shall be increased by an amount equal to 50 per centum of that portion of the individual’s annuity as is computed under subsections (b), (c), and (d) of section 3 of this Act: <proviso><i>Provided, however,</i> That if the spouse is entitled to an annuity amount provided by subsection (e)(1) or (e) (2) of this section, the amount of such spouse’s annuity provided by the preceding provisions of this subsection shall be reduced by the amount by which the amount computed in accordance with the<page identifier="/us/stat/88/1328">88 <inline class="smallCaps">Stat</inline>. 1328</page> provisions of clause (C) of subsection (e)(1) or (e)(2) of this section was increased by the Social Security Amendments of 1965, 1967,<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s302">42 USC 302 notes</ref>, <ref href="/us/usc/t42/s401">401 note</ref>.</p></sidenote> and 1969, disregarding (A) the amount of any such increase resulting from the Social Security Amendments of 1967 equal to, or less than, the excess of $5 over 5.8 per centum of the lesser of (i) the amount computed under clause (C) of subsection (e)(1) or (e)(2) of this section before any increases derived from legislation enacted after the Social Security Amendments of 1967 or (ii) the amount of the spouse’s annuity to which such spouse would have been entitled<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228b">45 USC 228b</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228c">45 USC 228c</ref>.</p></sidenote> under section 2(e) of the Railroad Retirement Act of 1937, without regard to section 3(a)(2) of that Act or to increases derived from legislation enacted after 1968 and before any reduction on account of age, on the basis of the individual’s compensation and years of service prior to January 1, 1975, and (B) the amount of any such increase resulting from the Social Security Amendments of 1969 equal to, or less than, $5:</proviso> <proviso><i>Provided further,</i> That if the spouse is entitled to<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1312.</p></sidenote> an annuity under section 2(a)(1) of this Act, the amount of the annuity of such spouse under this subsection shall, subject to the third proviso of this subsection, be increased by an amount equal to the amount by which the amount of the annuity of such spouse provided under subsection (a) of this section was reduced by reason of the provisions of subsection (i)(2) of this section:</proviso> <proviso><i>And provided further,</i> That if the total of (A) the amount of the spouse’s annuity provided under subsection (a) of this section (before any reduction due to such spouse’s entitlement to a wife’s or husband’s insurance benefit<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s401, 423">42 USC 401, 423</ref>.</p></sidenote> under the Social Security Act), or, in the case of a spouse entitled to an annuity under section 2(a)(1) of this Act or to an old-age insurance benefit or a disability insurance benefit under section 202 or 223 of the Social Security Act, the amount to which such spouse would be entitled under subsection (a) if she or he were not entitled to an annuity under section 2(a)(1) of this Act or to an old-age insurance benefit or a disability insurance benefit under section 202 or 223 of the Social Security Act, plus (B) the amount of her or his annuity under this subsection would, with respect to any month, before any reductions on account of age, exceed 110 per centum of an amount equal to the maximum amount which could be paid to anyone, with respect to such month, as a wife’s insurance benefit under section 202(b) of the Social Security Act, the amount of the annuity of such spouse under this subsection shall be reduced until the total of such annuity amounts equals 110 per centum of such amount. The Board shall have the authority to approximate the amount of any reduction prescribed by the first proviso of this subsection.</proviso></content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>If (A) the total amount of the annuity of a spouse of an individual as computed under the preceding subsections of this section as of the date on which the annuity of such individual under section 2(a)(1) of this Act began to accrue (before any reduction due to such spouse’s entitlement to a wife’s or husband’s insurance benefit under the Social Security Act) plus (B) the total amount of the annuity and supplemental annuity of the individual (before any reduction due to such individual’s entitlement to a monthly insurance benefit under the Social Security Act) subject to the provisions of section 3(f)(1) of<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1319.</p></sidenote> this Act would, before any reductions in the amounts specified in clauses (A) and (B) on account of age and disregarding any increases in such amounts which become effective after the date on which the individual’s annuity under section 2(a)(1) of this Act began to accrue, exceed the amount determined under clauses (A) and (B) of section 3(f)(1) of this Act, the portion of the annuity of such spouse determined under subsection (b) of this section as of the date on which the individual’s annuity under section 2(a)(1) began to accrue<page identifier="/us/stat/88/1329">88 <inline class="smallCaps">Stat</inline>. 1329</page> shall be reduced until the sum of the amounts specified in clauses (A) and (B) of this subsection equals the amount determined under clauses (A) and (B) of section 3(f)(1) or until such amount under subsection (b) is reduced to zero, whichever occurs first. If, after such amount under subsection (b) is reduced to zero, the sum of the remaining amounts specified in clauses (A) and (B) of this subsection still exceeds the amount determined under clauses (A) and (B) of section 3(f)(1), the supplemental annuity of the individual first, and then, if necessary, the annuity amount of the individual computed under subsections (b), (c), and (d) of section 3 as of the date on which the individual’s annuity under section 2(a)(1) began to accrue, shall be reduced until the amounts specified in clauses (A) and (B) of this subsection equals the amount determined under clauses (A) and (B) of section 3(f)(1) or until such supplemental annuity and such annuity amount are reduced to zero, whichever occurs first. Notwithstanding the preceding provisions of this subsection, the provisions of this subsection shall not operate to reduce the total of the amounts specified in clauses (A) and (B) of this subsection below $1,200.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>That portion of the annuity of the spouse of an individual as is determined under subsections (b) and (c) of this section shall be increased by the same percentage, or percentages, as the individual’s annuity is, or has been, increased pursuant to the provisions of section 3(g) of this Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The amount of the annuity of the spouse of an individual determined under subsections (a) and (b) of this section, if (A) such individual will have (i) rendered service as an employee to an employer, or as an employee representative, during the calendar year 1974, or (ii) had a current connection with the railroad industry on December 31, 1974, or at the time his annuity under section 2(a)(1) of this Act began to accrue, or (iii) completed twenty-five years of service prior to January 1, 1975, and (B) such individual will have completed ten years of service prior to January 1, 1975, and such spouse will have been permanently insured under the Social Security Act on<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote> December 31, 1974, shall be increased by an amount equal to the smaller of (C) the primary insurance amount to which such spouse would have been entitled, upon attaining age 65, under the provisions of the Social Security Act as in effect on December 31, 1974, on the basis of her or his wages and self-employment income derived from employment and self-employment under that Act prior to January 1, 1975, or (D) the wife’s or husband’s insurance benefit to which such spouse would have been entitled, upon attaining age 65, under the provisions of the Social Security Act as in effect on December 31, 1974, if such individual’s service as an employee after December 31, 1936, and prior to January 1, 1975, were included in the term ‘employment’ as defined in that Act, if such individual had no wages or self-employment income under the Act other than wages derived from such service as an employee, and if such spouse were entitled to no other benefit under that Act: <proviso><i>Provided, however,</i> That the increase under the provisions of this subdivision shall not be less than 50 per centum of the portion of the annuity, if any, of such individual determined under the provisions of section 3(h)(1) of this Act prior to any increases under the provisions of section 3(h)(5) of this Act.</proviso></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The amount of the annuity of the spouse of an individual determined under subsections (a) and (b) of this section, if (A) such individual will not have met the conditions set forth in subclause (i), (ii), or (iii) of clause (A) of subdivision (1) of this subsection, but (B) such individual will have completed ten years of service prior to January 1, 1975, and such spouse will have been permanently insured under the Social Security Act as of December 31 of the calendar<page identifier="/us/stat/88/1330">88 <inline class="smallCaps">Stat</inline>. 1330</page> year prior to 1975 in which such individual last rendered service as an employee, shall be increased by an amount equal to the smaller of (C) the primary insurance amount to which such spouse would have been entitled, upon attaining age 65, under the provisions of the Social Security<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote> Act as in effect on December 31, 1974, on the basis of his or her wages and self-employment income derived from employment and self-employment under that Act as of December 31 of the calendar year prior to 1975 in which such individual last rendered service as an employee or (D) the wife’s or husband’s insurance benefit to which such spouse would have been entitled, upon attaining age 65, under the provisions of the Social Security Act as in effect on December 31, 1974, if such individual’s service as an employee after December 31, 1936, and prior to January 1, 1975, were included in the term ‘employment’ as defined in that Act, if such individual had no wages or self-employment income under that Act other than wages derived from such service as an employee, and if such spouse were entitled to no other benefit under that Act: <proviso><i>Provided, however,</i> That the increase under the provisions of this subdivision shall not be less than 50 per centum of the portion of the annuity, if any, of such individual determined under the provisions of section 3 (h)(2) of this Act prior to any increases under the provisions of section 3(h)(5) of this Act.</proviso></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>The amount of the annuity of the spouse of an individual determined under subsections (a) and (b) of this section, if (A) such individual is entitled to an amount determined under the provisions of section 3(h)(1) or 3(h)(2) of this Act and (B) such spouse is not entitled to an amount determined under the provisions of subdivision (1) or (2) of this subsection, shall be increased by an amount equal to 50 per centum of the portion of the annuity of such individual determined under the provisions of section 3(h)(1) or 3(h)(2) of this Act prior to any increases under the provisions of section 3(h)(5) of this Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>The amount determined under the provisions of subdivision (1), (2), or (3) of this subsection shall be increased by the same percentage or percentages, as wife’s and husband’s insurance benefits under<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s402">42 USC 402</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s415">42 USC 415</ref>.</p></sidenote> section 202 of the Social Security Act are increased, or would have been increased had there been no general benefit increases under the Social Security Act, pursuant to the automatic cost-of-living provisions of section 215(i) of that Act, during the period from January 1, 1975, to the date on which the individual’s annuity under section 2 (a)(1) of this Act began to accrue.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The annuity of a survivor of a deceased employee under section 2(d) of this Act shall be in an amount equal to the amount (before any deductions on account of work) of the widow’s insurance benefit, widower’s insurance benefit, mother’s insurance benefit, parent’s insurance benefit, or child’s insurance benefit, whichever is applicable, to which he or she would have been entitled under the Social Security Act if such deceased employee’s service as an employee after December 31, 1936, had been included in the term ‘employment’ as defined in that Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau>For<sidenote><p class="indent0 firstIndent0 fontsize8">Survivor benefits.</p></sidenote> purposes of this subsection—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>a widow or widower or a parent who is entitled to an annuity based on age under section 2(d)(1) of this Act and who has not attained age 62 shall be deemed to be age 62: <proviso><i>Provided, however,</i> That the provisions of this paragraph shall not apply in the case of a widow or widower who was entitled to an annuity under section 2(d)(1) on the basis of disability for the month before the month in which he or she attained age 60, and</proviso></content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>a widow or widower or a child who is entitled to an annuity under section 2(d)(1) of this Act on the basis of disability shall be deemed to be entitled to a widow’s insurance<page identifier="/us/stat/88/1331">88 <inline class="smallCaps">Stat</inline>. 1331</page> benefit, a widower’s insurance benefit, or a child’s insurance benefit under the Social Security Act on the basis of disability.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote></content> </clause> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="g">“(g) </num> <content>The annuity of a survivor of a deceased employee determined under subsection (f) of this section shall, with respect to any month, be increased by an amount equal to 30 per centum of the amount of the annuity (before any deductions on account of work) to which such survivor is entitled for such month under the provisions of subsection (f) of this section, or to which such survivor would have been entitled for such month under such subsection if such survivor were entitled to no other monthly benefit under section 2 of this Act or under the Social<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1312.</p></sidenote> Security Act: <proviso><i>Provided, however,</i> That, if a widow or widower of a deceased employee is not entitled to an annuity under section 2(a)(1) of this Act or to an old-age insurance benefit or a disability insurance benefit under the Social Security Act, the amount of the annuity to which such widow or widower is entitled under this subsection shall not be less than an amount which would cause the total of the annuity amounts to which such widow or widower is entitled (before any deductions on account of work) under this subsection and subsection (f) of this section to equal the total of the annuity amounts to which such widow or widower was entitled (or would have been entitled except for the provisions of sections 2(e) and 2(f) of this Act) as a spouse under subsections (a) and (b) of this section (after any reduction on account of age) in the month preceding the employee’s death:</proviso> <proviso><i>Provided further,</i> That, if a widow or widower of a deceased employee is entitled to an annuity under section 2(a)(1) of this Act or to an old-age insurance benefit or a disability insurance benefit under the Social Security Act, the amount of the annuity to which such widow or widower is entitled under this subsection shall not be less than an amount which would cause (A) the total of the annuity amounts to which such widow or widower is entitled (after any reductions pursuant to section 202(k) or 202(q) of the Social Security Act or subsection<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s402">42 USC 402</ref>.</p></sidenote> (i)(2) of this section but before any deductions on account of work) under this subsection and subsection (f) of this section to equal (B)(i) the total of the annuity amounts, if any, to which such widow or widower was entitled (or would have been entitled except for the provisions of sections 2(e) and 2(f) of this Act) as a spouse under subsections (a) and (b) of this section (after any reduction on account of age) in the month preceding the employee’s death less (ii), if such widow or widower is entitled to an old-age insurance benefit or a disability insurance benefit under the Social Security Act but was not entitled to such a benefit in the month preceding the employee’s death, the amount by which the annuity amount payable under subsection (a) of this section to such widow or widower as a spouse in the month preceding the employee’s death would have been reduced by reason of section 202(k) or 202 (q) of the Social Security Act if such widow or widower had been entitled to an old-age insurance benefit or a disability insurance benefit under the Social Security Act in the month preceding the employee’s death in an amount equal to the amount of such benefit at the time such benefit first began to accrue to such widow or widower.</proviso></content> </subsection> <subsection class="indent0 fontsize10"> <num value="h">“(h)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The amount of the annuity of the widow or widower of a deceased employee determined under subsections (f) and (g) of this section, if such deceased employee will have completed ten years of service prior to January 1, 1975, and such widow or widower will have been permanently insured under the Social Security Act on December 31, 1974, shall be increased by an amount equal to the amount, if any, by which (A) the sum of (i) the widow’s or widower’s insurance annuity to which such widow or widower would have been entitled, upon attaining age 65, under section 5(a) of the Railroad Retirement<page identifier="/us/stat/88/1332">88 <inline class="smallCaps">Stat</inline>. 1332</page> Act<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228e">45 USC 228e</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228c">45 USC 228c</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote> of 1937 as in effect on December 31, 1974 (without regard to the proviso of that section or the first proviso of section 3 (e) of that Act), on the basis of the deceased employee’s remuneration and service prior to January 1, 1975, and (ii) the primary insurance amount to which such widow or widower would have been entitled, upon attaining age 65, under the provisions of the Social Security Act as in effect on December 31, 1974, on the basis of her or his wages and self-employment income derived from employment and self-employment under that Act prior to January 1, 1975, exceeds (B) 130 per centum of the amount of the widow’s or widower’s insurance benefit to which such widow or widower would have been entitled, upon attaining age 65, under the provisions of the Social Security Act as in effect on December 31, 1974, on the basis of the deceased employee’s wages and self-employment income derived from employment and self-employment under that Act prior to January 1, 1975, and on the basis of compensation derived from service as an employee after December 31, 1936, and before January 1, 1975, if the deceased employees’ service as an employee after December 31, 1936, and before January 1, 1975, had been included in such employment and if such widow or widower were entitled<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1312.</p></sidenote> to no other monthly benefit under section 2 of this Act or under the Social Security Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The amount determined under the provisions of subdivision (1) of this subsection shall be increased by the same percentage, or percentages, as widow’s and widower’s insurance benefits under section 202<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s402">42 USC 402</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s415">42 USC 415</ref>.</p></sidenote> of the Social Security Act are increased, or would have been increased had there been no general benefit increase under the Social Security Act, pursuant to the automatic cost-of-living provisions of section 215 (i) of that Act, during the period from January 1, 1975, to the earlier of the date of the deceased employee’s death or the date on which the deceased employee’s annuity under section 2(a)(1) of this Act began to accrue.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="i">“(i)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The annuity of any spouse under subsection (a) of this section for any month shall be reduced, but not below zero, by the amount of any wife’s or husband’s insurance benefit payable to such spouse<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401</ref>.</p></sidenote> for that month under title II of the Social Security Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>If a spouse entitled to an annuity under section 2(c) of this Act or a survivor entitled to an annuity under section 2(d) of this Act for any month is also entitled to an annuity under section 2(a)(1) of this Act for such month, the annuity amount of such spouse determined under subsection (a) of this section or of such survivor under subsection (f) of this section shall, after any reduction pursuant to subdivision (1) of this subsection, be reduced by the amount of the annuity of such spouse or such survivor determined under section 3(a) of this Act.</content> </paragraph> </subsection> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“annuity beginning and ending dates</heading> <section class="firstIndent1 fontsize10"> <num value="5">“<inline class="smallCaps">Sec</inline>. 5. </num> <subsection class="inline"><num value="a">(a) </num> <chapeau>An<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231d">45 USC 231d</ref>.</p></sidenote> annuity under section 2 of this Act shall begin with the month in which eligibility therefor was otherwise acquired, but—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>not earlier than the date specified in the application therefor;</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>not earlier than the first day of the twelfth month before the month in which the application therefor was filed; and</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content>in the case of an applicant otherwise eligible for an annuity under section 2(a)(1) or 2(c) not earlier than the date following the last day of compensated service of the applicant.</content> </clause> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>An application for any payment under this Act shall be made and filed in such manner and form as the Board may prescribe. An application filed with the Board for an annuity under this Act shall, unless the applicant specifies otherwise, be deemed to be an application<page identifier="/us/stat/88/1333">88 <inline class="smallCaps">Stat</inline>. 1333</page> for any benefit to which such applicant may be entitled under this Act or the Social Security Act. An individual who was entitled to an annuity under paragraph (iv) or (v) of section2(a)(1) of this Act for<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1312.</p></sidenote> the month preceding the month in which he attained the age of 65, shall be deemed to have filed an application for an annuity under paragraph (i) of section 2(a)(1) on the date on which he attained age 65, and a widow or widower who was entitled to an annuity under section 2(d)(1) of this Act on the basis of disability for the month preceding the month in which she or he attained age 60, shall be deemed to have filed an application for an annuity under such section 2(d)(1) on the basis of age on the date on which she or he attained age 60.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>An individual’s entitlement to an annuity under paragraph (i), (ii),or (iii) of section 2(a)(1) or to a supplemental annuity under section 2(b) shall end with the month preceding the month in which he dies.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>An individual’s entitlement to an annuity under paragraph (iv) or (v) of section 2(a)(1) shall end on (A) the last day of the second month following the month in which he ceases to be disabled as provided for purposes of such paragraphs, (B) the last day of the month preceding the month in which he attains age 65 or (C) the last day of the month preceding the month in which he dies, whichever first occurs.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>The entitlement of a spouse of an individual to an annuity under section 2(c) shall end on the last day of the month preceding the month in which (A) the spouse or the individual dies, (B) the spouse and the individual are absolutely divorced, or (C) in the case of a wife who does not satisfy the requirements of clause (ii)(A) or (ii)(B) of section 2(c)(1)(other than a wife who is receiving such annuity by reason of an election under section 2(c)(2)), such wife no longer has in her care a child described in clause (ii)(C) of section 2(c)(1), whichever first occurs.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>The entitlement of a widow or widower of a deceased employee to an annuity under paragraph (i) of section 2(d)(1) on the basis of age shall end on (A) the last day of the month preceding the month in which she or he dies or (B) the last day of the month preceding the month in which she or he remarries after the employee’s death, whichever first occurs.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>The entitlement of a widow or widower of a deceased employee to an annuity under paragraph (i) of section 2(d)(1) on the basis of disability shall end on (A) the last day of the month preceding the month in which she or he dies, (B) the last day of the month preceding the month in which she or he remarries after the employee’s death, (C) the last day of the second month following the month in which she or he ceases to be disabled as provided for purposes of such paragraph, or (D) the last day of the month preceding the month in which she or he attains age 60, whichever first occurs.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content>The entitlement of a widow of a deceased employee to an annuity under paragraph (ii) of section 2(d)(1) shall end on (A) the last day of the month preceding the month in which she dies, (B) the last day of the month preceding the month in which she remarries after the employee’s death, or (C) the last day of the month preceding the month in which she no longer has in her care a child described in clause (B) of such paragraph (ii), whichever first occurs.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">“(7) </num> <content>The entitlement of a child of a deceased employee to an annuity under paragraph (iii) of section 2(d)(1) shall end on (A) the last day of the month preceding the month in which he or she dies, (B) the last day of the month preceding the month in which he or she marries, (C) the last day of the month preceding the month in which he or she attains age 18 and does not meet the qualifications set forth<page identifier="/us/stat/88/1334">88 <inline class="smallCaps">Stat</inline>. 1334</page> in clause (B) or (C) of such paragraph (iii), (D) the last day of the month preceding (i) the month during no part of which he or she is a full-time student or (ii) the month in which he or she attains age 22, and does not meet the qualifications set forth in clause (A) or (C) of such paragraph (iii), or (E) the last day of the second month following the month in which he or she ceases to be disabled for purposes of such paragraph (iii) and does not meet the qualifications set forth in clause (A) or (B) of such paragraph (iii), whichever first occurs. A child whose entitlement to an annuity under paragraph (iii) of section 2(d)(1) terminated by reason of clause (E) of this subdivision because he or she ceased to be disabled and who again becomes disabled as provided in clause (C) of such paragraph (iii), may become reentitled to an annuity on the basis of such disability upon his or her application for such reentitlement. A child whose entitlement to an annuity under paragraph (iii) of section 2(d)(1) terminated with the month preceding the month in which he or she attained age 18, or with a subsequent month, may again become entitled to such an annuity (providing no event to disqualify the child has occurred) beginning with the first month thereafter in which he or she meets the qualifications set forth in clause (B) or (C) of such paragraph (iii), if he or she has filed an application for such reentitlement.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">“(8) </num> <content>The entitlement of a parent of a deceased employee to an annuity under paragraph (iv) of section 2(d)(1) shall end on the last day of the month preceding the month in which (A) such parent dies or (B) such parent remarries after the employee’s death, whichever first occurs.</content> </paragraph> </subsection> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“lump-sum payments</heading> <section class="firstIndent1 fontsize10"> <num value="6"><inline class="smallCaps">“Sec</inline>. 6. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Annuities<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231e">45 USC 231e</ref>.</p></sidenote> under section 2(a)(1) and supplemental annuities under section 2(b) which will have become due an individual but will not have been paid at the time of such individual’s death shall be payable to the person, if any, who is determined by the Board to be such individual’s widow or widower and to have been living with such individual at the time of such individual’s death and who will not have died before receiving payment of such annuities. If there be no such widow or widower, such annuities shall be payable to any person or persons, equitably entitled thereto, to the extent and in the proportions that he or they shall have paid the expenses of burial of such individual, and to the extent that he or they will not have been reimbursed under subsection (b) of this section for having paid such expenses. If there be no person or persons so entitled, or if the total of such annuities exceeds the amount payable under this subdivision to such person or persons, such total, or the remainder thereof, as the case may be, shall be paid to the children, grandchildren, parents, or brothers and sisters of the deceased individual in the same manner as if such annuities were a lump sum payable under subsection (c)(1) of this section.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Annuities under section 2(d) which will have become due a survivor of an employee but will not have been paid at the time of such survivor’s death shall be payable to the person, if any, who is determined by the Board to be such employee’s widow or widower and to have been living with such employee at the time of the employee’s death and who will not have died before receiving payment of such annuities. If there be no such widow or widower, such annuities shall be payable to the children, grandchildren, parents, or brothers and sisters of the deceased employee in the same manner as if such unpaid annuities were a lump sum payable under subsection (c)(1) of this section.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>Annuities under section 2(c) which will have become due a spouse of an individual but which will not have been paid at the time<page identifier="/us/stat/88/1335">88 <inline class="smallCaps">Stat</inline>. 1335</page> of such spouse’s death shall be payable to the individual from whose employment such annuities derived and who will not have died before receiving payment of such annuities. If there be no such individual, such annuities shall be paid as provided in the last two sentences of subdivision (1) of this subsection as if such annuities were annuities due to an individual but unpaid at the time of such individual’s death.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>Applications for accrued and unpaid annuities provided for in the preceding subdivisions of this subsection shall be filed prior to the expiration of two years after the death of the person to whom such annuities were originally due.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>If there is no person to whom all or any part of the payments described in subdivision (1), (2), or (3) can be made, such payment or part thereof shall escheat to the credit of the Railroad Retirement Account.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content>For the purposes of this subsection and subsection (c) of this section, a widow or widower of an individual shall be deemed to have been living with the individual at the time of the individual’s death if the applicable conditions set forth in section 216(h)(2) or (3) of the Social Security Act, as in effect before 1957, are fulfilled.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s416">42 USC 416</ref>.</p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">“(7) </num> <content>In determining for purposes of this subsection and subsections (c) and (d) of this section whether an applicant is the widow, widower, child, or parent of an employee as claimed, the rules set forth in section 216(h) of the Social Security Act shall be applied. In determining for purposes of this subsection and subsections (c) and (d) of this section whether an applicant is the grandchild, brother, or sister of an employee as claimed, the Board shall apply such law as would be applied in determining the devolution of intestate personal property by the courts of the State in which such employee was domiciled at the time of his death, or if such employee was not so domiciled in any State, by the courts of the District of Columbia. Applicants who according to such law would have the same status relative to taking personal property as a grandchild, brother, or sister shall be deemed such.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Upon the death of an individual who will have completed ten years of service prior to January 1, 1975, and will have had a current connection with the railroad industry at the time of his death, a lump-sum payment shall be made in accordance with the provisions of section 5(f)(1) of the Railroad Retirement Act of 1937 as in effect on<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228e">45 USC 228e</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s409">42 USC 409</ref>.</p></sidenote> December 31, 1974, in an amount, if any, which would have been payable under such section 5(f)(1) on the basis of (A) the individual’s compensation after December 31, 1936, and prior to January 1, 1975, and (B) the individual’s wages (as defined in section 209 of the Social Security Act) prior to January 1, 1975. Any lump sum payable under this subdivision shall be in an amount computed as if the individual had died on January 1, 1975.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Upon the death of an individual who will not have completed ten years of service prior to January 1, 1975, but who (i) will have completed ten years of service at the time of his death, (ii) will have had a current connection with the railroad industry at the time of his death, and (iii) will have died leaving no widow, widower, child, or parent who would on proper application therefor be entitled to receive an annuity under section 2(d) of this Act for the month in<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1312.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s402">42 USC 402</ref>.</p></sidenote> which such death occurred, a lump-sum death payment shall be made in accordance with the provisions of section 202 (i) of the Social Security Act in an amount equal to the amount which would have been payable under such section 202(i) if such individual’s service as an employee after December 31, 1936, were included in the term ‘employment’ as defined in that Act. If a lump sum would be payable to a widow or widower under this subdivision except for the fact that a survivor will have been entitled to receive an annuity for the month<page identifier="/us/stat/88/1336">88 <inline class="smallCaps">Stat</inline>. 1336</page> in which the individual will have died, but within one year after the individual’s death there will not have accrued to survivors of the individual, by reason of his death, annuities which, after all deductions<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1312.</p></sidenote> pursuant to sections 2(g) and 2(h) of this Act, are equal to such lump sum, a payment equal to the amount by which such lump sum exceeds such annuities so accrued after such deductions shall then nevertheless be made under this subdivision to the widow or widower to whom a lump sum would have been payable under this subdivision except for the fact that a monthly benefit under section 2(d) of this Act was payable for the month in which the individual died, if such widow or widower will not have died before receiving payment of such lump sum.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>Whenever it shall appear, with respect to the death of an employee, that no benefits, or no further benefits (other than benefits payable to a widow, widower, or parent under either this Act or the<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote> Social Security Act upon attaining the age of eligibility therefor at a future date) will be payable under this Act or under the Social Security Act, a lump sum in an amount computed under subdivision (2) of this subsection shall be paid to such person or persons as the deceased employee may have designated by a writing filed with the Board prior to his or her death, or if there be no designation, to the following person (or, if more than one, in equal shares to the persons) whose relationship to the deceased employee will have been determined by the Board and who will not have died before receiving payment of the lump sum provided for in this subdivision—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>the widow or widower of the deceased employee who was living with such employee at the time of such employee’s death; or</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>if there be no such widow or widower, to any child or children of such employee; or</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content>if there be no such widow, widower, or child, to any grandchild or grandchildren of such employee; or</content> </clause> <clause class="indent3 fontsize10"> <num value="iv">“(iv) </num> <content>if there be no such widow, widower, child, or grandchild, to any parent or parents of such employee; or</content> </clause> <clause class="indent3 fontsize10"> <num value="v">“(v) </num> <content>if there be no such widow, widower, child, grandchild, or parent, to any brother or sister of such employee; or</content> </clause> <clause class="indent3 fontsize10"> <num value="vi">“(vi) </num> <content>if there be no such widow, widower, child, grandchild, parent, brother, or sister, to the estate of such employee:</content> </clause> <continuation class="indent0 fontsize10"><proviso><i>Provided, however,</i> That if the employee is survived by a widow, widower, or parent who may upon attaining the age of eligibility be entitled to benefits under this Act or under the Social Security Act, such lump sum shall not be paid unless such widow, widower, or parent makes and files with the Board an irrevocable election, in such form as the Board may prescribe, to have such lump sum be paid in lieu of all benefits to which such widow, widower, or parent might otherwise become entitled under this Act on the basis of the deceased employee’s compensation and years of service or under the Social Security Act on the basis of the deceased employee’s wages from (A) employment with an employer as defined in section 1(a) of this Act or (B) service as an employee representative as defined in section 1(c) of this Act. Any election made and filed by a widow, widower, or parent pursuant to this subdivision shall be legally effective according to its terms.</proviso></continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The lump sum provided under subdivision (1) of this subsection shall be in an amount equal to (A) the sum of 4 per centum of the deceased employee’s compensation paid after December 31, 1936, and prior to January 1, 1947, plus 7 per centum of such employee’s compensation paid after December 31, 1946, and before January 1, 1959, plus 714 per centum of such employee’s compensation paid after December 31, 1958, and before January 1, 1962, plus 8 per centum of<page identifier="/us/stat/88/1337">88 <inline class="smallCaps">Stat</inline>. 1337</page> such employee’s compensation paid after December 31, 1961, and before January 1, 1966, plus an amount equal to the total of all employee taxes payable by such employee after December 31, 1965, and before January 1, 1975, under the provisions of section 3201 of the Railroad Retirement Tax Act (excluding, for this purpose, the<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s3201">26 USC 3201</ref>.</p></sidenote> amount of the employee tax attributable to that portion of the tax rate derived from section 3101(b) of the Internal Revenue Code of 1954),<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s3101">26 USC 3101</ref>.</p></sidenote> plus one-half of 1 per centum of the compensation on which such taxes were payable, deeming the compensation attributable to creditable military service after June 30, 1963, and before January 1, 1975, to be taxable compensation, and one-half of the taxes payable by an employee representative under section 3211 of the Railroad Retirement Tax Act to be employee taxes under section 3201 of such Act, minus<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s3211">26 USC 3211</ref>.</p></sidenote> (B) the sum of all benefits paid to such employee, and to others deriving from such employee, during his or her life, or to others by reason of his or her death, under this Act, the Railroad Retirement Act of 1937, or the Social Security Act (excluding, for this purpose, payments<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228a">45 USC 228a</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Post,</i> p. 1338.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228s-2">45 USC 228s-2</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> pp. 1319, 1327.</p></sidenote> to providers of services under section 7(d) of this Act or section 21 of the Railroad Retirement Act of 1937, any amounts by which that portion of the annuities provided the employee under section 3 (a) of this Act or his spouse under section 4(a) of this Act were increased by reason of the employee’s wages and self-employment income derived from employment and self-employment under the Social Security Act, that portion of the annuities provided the employee under section 3(h) of this Act or his spouse under section 4(e) of this Act, and so much of the benefits paid to the employee and to others deriving from him or her under the Social Security Act during his or her lifetime as would have been payable under that Act if such employee had not rendered service as an employee as defined in section 1(b) of this Act). In computing compensation for purposes of this subdivision there shall be excluded compensation in excess of $300 for any month before July 1, 1954; compensation in excess of $350 for any month after June 30, 1954, and before June 1, 1959; compensation in excess of $400 for any month after May 31, 1959, and before November 1, 1963; compensation in excess of $450 for any month after October 31, 1963, and before October 1, 1965; and compensation in excess of (i) $450 or (ii) an amount equal to one-twelfth of the current maximum annual taxable ‘wages’ as defined in section 3121 of the Internal Revenue Code of 1954, whichever is greater, for any month after September<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s3121">26 USC 3121</ref>.</p></sidenote> 30, 1965.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Every individual who will have completed ten years of service at the time of his retirement or death, but does not meet the qualifications for an annuity amount determined under the provisions of section 3(h)(1) or 3(h)(2) of this Act, shall, at the time his annuity under section 2(a)(1) begins to accrue, be entitled to a lump sum in the amount provided under subdivision (2) of this subsection. If an individual otherwise eligible for a lump sum under this section dies before he becomes entitled to an annuity under section 2(a)(1) of this Act, or before he receives payment of such lump sum, such lump<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1312.</p></sidenote> sum shall be payable to the person, if any, who is determined by the Board to be such individual’s widow or widower and who will not have died before receiving payment of such lump sum. If there be no such widow or widower, such lump sum shall be payable to the children, grandchildren, parents, brothers and sisters, or the estate of the deceased individual in the same manner as if such lump sum were a lump sum payable under subsection (c)(1) of this section.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The lump sum provided under subdivision (1) of this subsection shall be in an amount equal to the sum of (A) 1.5 per centum of so much of such individual’s combined earnings for any calendar<page identifier="/us/stat/88/1338">88 <inline class="smallCaps">Stat</inline>. 1338</page> year after 1950 and before 1954 as is in excess of $3,600, plus (B) 2 per centum of so much of such individual’s combined earnings for any calendar year after 1953 and before 1957 as is in excess of $4,200, plus (C) 2.25 per centum of so much of such individual’s combined earnings for any calendar year after 1956 and before 1959 as is in excess of $4,200, plus (D) 2.5 per centum of so much of such individual’s combined earnings for the calendar year 1959 as is in excess of $4,800, plus (E) 3 per centum of so much of such individual’s combined earnings for each of the calendar years 1960 and 1961 as is in excess of $4,800, plus (F) 3.125 per centum of so much of such individual’s combined earnings for the calendar year 1962 as is in excess of $4,800, plus (G) 3.625 per centum of so much of such individual’s combined earnings for any calendar year after 1962 and before 1966 as is in excess of $5,400, plus (H) 4.2 per centum of so much of such individual’s combined earnings for the calendar year 1966 as is in excess of $6,600, plus (I) 4.4 per centum of so much of such individual’s combined earnings for the calendar year 1967 as is in excess of $6,600, plus (J) 3.8 per centum of so much of such individual’s combined earnings for the calendar year 1968 as is in excess of $7,800, plus (K) 4.2 per centum of so much of such individual’s combined earnings for each of the calendar years 1969 and 1970 as is in excess of $7,800, plus (L) 4.6 per centum of so much of such individual’s combined earnings for the calendar year 1971 as is in excess of $7,800, plus (M) 4.6 per centum of so much of such individual’s combined earnings for the calendar year 1972 as is in excess of $9,000, plus (N) 4.85 per centum of so much of such individual’s combined earnings for the calendar year 1973 as is in excess of $10,800, plus (O) 4.95 per centum of so much of such individual’s combined earnings for the calendar year 1974<sidenote><p class="indent0 firstIndent0 fontsize8">“Combined earnings.”</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228a">45 USC 228a</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s409">42 USC 409</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s411">42 USC 411</ref>.</p></sidenote> as is in excess of $13,200. For purposes of this subsection, the term ‘combined earnings’ shall include ‘compensation’ as defined in section 1 (h) of the Railroad Retirement Act of 1937, ‘wages’ as defined in section 209 of the Social Security Act, and ‘self-employment’ income as defined in section 211 (b) of the Social Security Act.</content> </paragraph> </subsection> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“powers and duties or the board</heading> <section class="firstIndent1 fontsize10"> <num value="7">“<inline class="smallCaps">Sec</inline>. 7. </num> <subsection class="inline"><num value="a">(a) </num> <content>This<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231f">45 USC 231f</ref>.</p></sidenote> Act shall be administered by the Railroad Retirement Board established by the Railroad Retirement Act of 1937 as an independent agency in the executive branch of the Government and composed<sidenote><p class="indent0 firstIndent0 fontsize8">Membership.</p><p class="indent0 firstIndent0 fontsize8">Term of office.</p></sidenote> of three members appointed by the President, by and with the advice and consent of the Senate. Each member shall hold office for a term of five years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of the term and any member holding office pursuant to appointment under the Railroad Retirement Act of 1937 when this Act becomes effective shall hold office until the term for which he was appointed under such Railroad Retirement Act of 1937 expires. One member shall be appointed from recommendations made by representatives of the employees and one member shall be appointed from recommendations made by representatives of employers as defined in paragraph<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1305.</p></sidenote> (i) of section 1 (a)(1) of this Act, in both cases as the President shall direct, so as to provide representation on the Board satisfactory to the largest number, respectively, of employees and employers concerned. One member, who shall be the chairman of the Board, shall be appointed without recommendation by either employers or employees and shall not be in the employment of or be pecuniarily or otherwise interested<sidenote><p class="indent0 firstIndent0 fontsize8">Vacancies.</p></sidenote> in any employer or organization of employees. Vacancies in the Board shall not impair the powers or affect the duties of the<page identifier="/us/stat/88/1339">88 <inline class="smallCaps">Stat</inline>. 1339</page> Board or of the remaining members of the Board, of whom a majority of those in office shall constitute a quorum for the transaction of business. Upon the expiration of his term of office a member shall continue to serve until his successor is appointed and shall have qualified.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The Board shall have and exercise all the duties and powers necessary to administer this Act. The Board shall take such steps as may be necessary to enforce such Act and make awards and certify payments. Decisions by the Board upon issues of law and fact relating to annuities or death benefits shall not be subject to review by any other administrative or accounting officer, agent, or employee of the United States.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau>In the case of—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>an individual who will have completed ten years of service creditable under this Act,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>the wife or husband of such an individual,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>any survivor of such an individual if such survivor is entitled, or could upon application become entitled, to an annuity under section 2 of this Act, and<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1312.</p></sidenote></content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content>any other person entitled to benefits under title II of the Social Security Act on the basis of the wages and self-employment<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401</ref>.</p></sidenote> income of such an individual (except a survivor of such an individual where such individual did not have a current connection with the railroad industry at the time of his death),</content> </subparagraph> <continuation class="indent0 fontsize10">the Board shall provide for the payment on behalf of the Managing Trustee of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund of monthly benefits payable under title II of the Social Security Act which are certified by the Secretary to it for payment under the provisions of title II of the Social Security Act.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>If the Board finds that an applicant is entitled to an annuity or death benefit under the provisions of this Act then the Board shall make an award fixing the amount of the annuity or benefit, as the case may be, and shall certify the payment thereof as hereinafter provided; otherwise the application shall be denied. For purposes of this section, the Board shall have and exercise such of the powers, duties and remedies provided in subsections (a), (b), (d), and (n) of section 12 of the Railroad Unemployment Insurance Act as are not inconsistent<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s362">45 USC 362</ref>.</p></sidenote> with the express provisions of this Act. The Board is authorized to delegate to any member, officer, or employee of the Board any of the powers conferred upon the Board by the Act, excluding only the power to prescribe rules and regulations, including the power to make decisions on applications for annuities or other benefits: <proviso><i>Provided, however,</i> That any person aggrieved by a decision on his application for an annuity or other benefit shall have the right to appeal to the Board.</proviso> Notice of a decision of the Board, or of an employee thereof, shall be communicated to the applicant in writing within thirty days after such decision shall have been made.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>The Board shall from time to time certify to the Secretary of the Treasury the name and address of each individual entitled to receive a payment, the amount of such payment, and the time at which it should be made, and the Secretary of the Treasury through the Division of Disbursements of the Treasury Department, and prior to audit by the General Accounting Office, shall make payment in accordance with the certification by the Board.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>The Board shall establish and promulgate rules and regulation<sidenote><p class="indent0 firstIndent0 fontsize8">Rules and regulations.</p></sidenote> to provide for the adjustment of all controversial matters arising in the administration of this Act. All rules, regulations, or decisions of the Board shall require the approval of at least two members, and they shall be entered upon the records of the Board, which shall be a public record.</content> </paragraph> <page identifier="/us/stat/88/1340">88 <inline class="smallCaps">Stat</inline>. 1340</page> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content>The<sidenote><p class="indent0 firstIndent0 fontsize8">Recordkeeping.</p><p class="indent0 firstIndent0 fontsize8">Jurisdiction.</p><p class="indent0 firstIndent0 fontsize8">Witness fees.</p><p class="indent0 firstIndent0 fontsize8">Report to President and Congress.</p></sidenote> Board shall gather, keep, compile, and publish in convenient form such records and data as may be necessary to assure proper administration of this Act, including subdivision (2) of this subsection. The Board shall have power to require all employers and employees and any officer, board, commission, or other agency of the United States to furnish such information and records as shall be necessary for the administration of this Act, including subdivision (2) of this subsection. The several district courts of the United States and the District Court of the United States for the District of Columbia shall have jurisdiction upon suit by the Board to compel obedience to any order of the Board issued pursuant to this section. The orders, writs, and processes of the District Court of the United States for the District of Columbia in such suits may run and be served anywhere in the United States. Witnesses summoned before the Board shall be paid the same fees and mileage that are paid witnesses in the district courts of the United States. The Board shall make an annual report to the President of the United States to be submitted to Congress.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">“(7) </num> <content>The<sidenote><p class="indent0 firstIndent0 fontsize8">Reports.</p></sidenote> Secretary of Health, Education, and Welfare shall furnish the Board certified reports of wages, self-employment income, and periods of service and of other records in his possession, or which he may secure, pertinent to the administration of this Act. The Board shall furnish the Secretary of Health, Education, and Welfare certified reports of records of compensation and periods of service reported to it pursuant to section 9 of this Act, of determinations under section 2 of this Act, and of other records in its possession, or which it may secure, pertinent to subsection (c) of this section or to the administration<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Post,</i> p. 1349.</p></sidenote> of the Social Security Act as affected by section 18 of this Act. Such certified reports shall be conclusive in adjudication as to the matters covered therein: <proviso><i>Provided, however,</i> That if the Board or the Secretary of Health, Education, and Welfare receives evidence inconsistent with a certified report and the application involved is still in course of adjudication or otherwise open for such evidence such recertification of such report shall be made as, in the judgment of the Board or the Secretary of Health, Education, and Welfare, whichever made the original certification, the evidence warrants.</proviso> Such recertification and any subsequent recertification shall be treated in the same manner and be subject to the same conditions as an original certification.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">“(8) </num> <content>Any<sidenote><p class="indent0 firstIndent0 fontsize8">Military service records, certification.</p></sidenote> department or agency of the United States maintaining records of military service, at the request of the Board, shall certify to the Board, with respect to any individual, the number of months of military service which such department or agency finds the individual to have had during any period or periods with respect to which the Board’s request is made, the date and manner of entry into such military service, and the conditions under which such service was continued. Any department or agency of the United States which is authorized to make awards of pensions, disability compensation, or any other gratuitous benefits or allowances payable, on a periodic basis or otherwise, under any other Act of Congress on the basis of military service, at the request of the Board, shall certify to the Board, with respect to any individual, the calendar months for all or part of which any such pension, compensation, benefit, or allowance is payable to, or with respect to, the individual, the amounts of any such pension, compensation, benefit, or allowance, and the military service on which such pension, compensation, benefit, or allowance is based. Any certification made pursuant to the provisions of this subdivision shall be conclusive on the Board: <proviso><i>Provided, however,</i> That if evidence inconsistent with any such certification is submitted, and the claim is in the course of adjudication or is otherwise open for such evidence, the Board shall refer such evidence to the department or agency which<page identifier="/us/stat/88/1341">88 <inline class="smallCaps">Stat</inline>. 1341</page> made the original certification and such department or agency shall make such recertification as in its judgment the evidence warrants.</proviso> Such recertification, and any subsequent recertification, shall be conclusive, made in the same manner, and subject to the same conditions as an original certification.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">“(9) </num> <content>The Board shall maintain such offices, provide such equipment,<sidenote><p class="indent0 firstIndent0 fontsize8">Duties.</p></sidenote> furnishings, supplies, services, and facilities, and employ such individuals and provide for their compensation and expenses as may be necessary for the proper discharge of its functions. All positions to which such individuals are appointed, except one administrative assistant to each member of the Board, shall be in and under the competitive civil service and shall not be removed or excepted therefrom. In the employment of such individuals under the civil service laws and rules the Board shall give preference over all others to individuals who have had experience in railroad service, if, in the judgment of the Board, they possess the qualifications necessary for the proper discharge of the duties of the positions to which they are to be appointed. For purposes of its administration of this Act or the Railroad Unemployment Insurance Act, or both, the Board may place, without regard<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s367">45 USC 367</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s5108">5 USC 5108</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> to the numerical limitations contained in section 505 of the Classification Act of 1949, as amended, four positions in grade GS-16 of the General Schedule established by that Act, four positions in grade GS-17 of such schedule, and one position in grade GS-18 of such schedule.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Benefit payments determined by the Board to be payable under this Act shall be made from the Railroad Retirement Account, except that payments of supplemental annuities under section 2(b) of this Act shall be made from the Railroad Retirement Supplemental Account.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>At the close of the fiscal year ending June 30, 1975, and each fiscal year thereafter, the Board and the Secretary of Health, Education, and Welfare shall determine the amounts, if any, which if added to or subtracted from the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund would place each such Trust Fund in the same position in which it would have been if (A) service as an employee after December 31, 1936, had been included in the term ‘employment’ as defined in the Social Security Act and in the Federal<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s3101">26 USC 3101</ref>.</p></sidenote> Insurance Contributions Act and (B) this Act had not been enacted. Such determination with respect to each such Trust Fund shall be made no later than June 15 following the close of the fiscal year. If, pursuant to any such determination, any amount is to be added to any such Trust Fund, the Board shall, within ten days after the determination, certify such amount to the Secretary of the Treasury for transfer from the Railroad Retirement Account to such Trust Fund. If, pursuant to any such determination, any amount is to be subtracted from any such Trust Fund, the Secretary of Health, Education, and Welfare shall, within ten days after the determination, certify such amount to the Secretary of the Treasury for transfer from such Trust Fund to the Railroad Retirement Account. Any amount so certified shall further include interest (at the rate determined in subdivision (3) for the fiscal year under consideration) payable from the close of such fiscal year until the date of certification. The Secretary of the Treasury is authorized and directed to transfer to the Railroad Retirement Account from the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, or the Federal Hospital Insurance Trust Fund or to any such Trust Fund from the Railroad Retirement Account, as the case may be, such amounts as, from time to time, may be determined by the Board and<page identifier="/us/stat/88/1342">88 <inline class="smallCaps">Stat</inline>. 1342</page> the Secretary of Health, Education, and Welfare pursuant to the provisions of this subdivision and certified by the Board or the Secretary of Health, Education, and Welfare for transfer from any such Trust Fund or from the Railroad Retirement Account.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>For purposes of subdivision (2), for any fiscal year, the rate of interest to be used shall be equal to the average rate of interest, computed as of May 31 preceding the close of such fiscal year, borne by all interest-bearing obligations of the United States then forming a part of the public debt; except that where such average rate is not a multiple of one-eighth of 1 per centum, the rate of interest shall be the multiple of one-eighth of 1 per centum next lower than such average rate.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The Board shall, for purposes of this subsection, have the same authority to determine the rights of individuals described in subdivision (2) to have payments made on their behalf for hospital insurance benefits consisting of inpatient hospital services, posthospital extended care services, posthospital home health services, and outpatient hospital diagnostic services (all hereinafter referred to as ‘services’) under section 226, and parts A and C of title XVIII, of the Social<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s426">42 USC 426</ref>, <ref href="/us/usc/t42/s1395">1395</ref>, <ref href="/us/usc/t42/s1395x">1395x</ref>.</p></sidenote> Security Act as the Secretary of Health, Education, and Welfare has under such section and such parts with respect to individuals to whom such sections and such parts apply. For purposes of section 8, a determination with respect to the rights of an individual under this subsection shall, except in the case of a provider of services, be considered to be a decision with respect to an annuity.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau>Except as otherwise provided in this subsection, every person who—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>has attained age 65 and (A) is entitled to an annuity under this Act or (B) would be entitled to such an annuity had he ceased compensated service and, in the case of a spouse, had such spouse’s husband or wife ceased compensated service; or</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>has not attained age 65 and (A) has been entitled to an annuity<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1312.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228a">45 USC 228a</ref>.</p></sidenote> under section 2 of this Act, or under the Railroad Retirement Act of 1937 and section 2 of this Act, or could have been includible in the computation of an annuity under section 3(f)(3) of<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1319.</p></sidenote> this Act, for not less than 24 consecutive months and (B) could have been entitled for 24 consecutive calendar months, and could currently be entitled, to monthly insurance benefits under section 223<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s423">42 USC 423</ref>, <ref href="/us/usc/t42/s402">402</ref>.</p></sidenote> of the Social Security Act or under section 202 of that Act on the basis of disability if service as an employee after December 31, 1936, had been included in the term ‘employment’ as defined in that Act and if an application for disability benefits had been filed,</content> </clause> <continuation class="indent0 fontsize10">shall be certified to the Secretary of Health, Education, and Welfare as<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s426">42 USC 426</ref>.</p></sidenote> a qualified railroad retirement beneficiary under section 226 of the Social Security Act.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>If an individual entitled to an annuity under paragraph (iv) or (v) of section 2(a)(1) of this Act would have been insured for disability insurance benefits as determined under section 223(c)(1) of the Social Security Act at the time such annuity began, he shall be deemed, solely for purposes of paragraph (ii) of subdivision (2), to be entitled to a disability insurance benefit under section 223 of the Social Security Act for each month, and beginning with the first month, in which he would meet the requirements for entitlement to such a benefit, other than the requirement of being insured for disability insurance benefits, if service as an employee after December 31, 1936, had been included in the term ‘employment’ as defined in the Social<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote> Security Act and if an application for disability benefits had been filed.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>The rights of individuals described in subdivision (2) of this subsection to have payment made on their behalf for the services<page identifier="/us/stat/88/1343">88 <inline class="smallCaps">Stat</inline>. 1343</page> referred to in subdivision (1) but provided in Canada shall be the same as those of individuals to whom section 226 and part A of title XVIII of the Social Security Act apply, and this subdivision shall be<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s426">42 USC 426</ref>, <ref href="/us/usc/t42/s1395">1395</ref>.</p></sidenote> administered by the Board as if the provisions of section 226 and part A of title XVIII of the Social Security Act were applicable, as if references to the Secretary of Health, Education, and Welfare were to the Board, as if references to the Federal Hospital Insurance Trust Fund were to the Railroad Retirement Account, as if references to the United States or a State included Canada or a subdivision thereof, and as if the provisions of sections 1862(a)(4), 1863, 1864, 1867, 1868, 1869, 1874(b), and 1875 were not included in such title. The payments for services herein provided for in Canada shall be made from the Railroad Retirement Account (in accordance with, and subject to, the conditions applicable under section 7(b), in making payment of other benefits) to the hospital, extended care facility, or home health agency providing such services in Canada to individuals to whom subdivision (2) of this subsection applies, but only to the extent that the amount of payments for services otherwise hereunder provided for an individual exceeds the amount payable for like services provided pursuant to the law in effect in the place in Canada where such services are furnished. For the purposes of section 10 of this Act, any overpayment under this subdivision shall be treated as if it were an overpayment of an annuity.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>The Board and the Secretary of Health, Education, and Welfare shall furnish each other with such information, records, and documents as may be considered necessary to the administration of this subsection or section 226, and part A of title XVIII, of the Social Security Act.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content>The Board is authorized to accept on behalf of the United States money gifts and bequests made unconditionally to the Railroad Retirement Account, to the Railroad Retirement Supplemental Account, or to the Railroad Unemployment Insurance Account, or to the Board, or any member, officer, or employee thereof, for the benefit of such accounts or any activity financed through such accounts. Any such gift accepted pursuant to the authority granted in this subsection shall be deposited in the specific account designated by the donor or, if the donor has made no such specific designation, in the Railroad Retirement Account.</content> </subsection> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“court jurisdiction</heading> <section class="firstIndent1 fontsize10"> <num value="8"><inline class="smallCaps">“Sec</inline>. 8. </num> <content>Decisions of the Board determining the rights or liabilities<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231g">45 USC 231g</ref>.</p></sidenote> of any person under this Act shall be subject to judicial review in the same manner, subject to the same limitations, and all provisions of law shall apply in the same manner as though the decision were a determination of corresponding rights or liabilities under the Railroad Unemployment Insurance Act except that the time within which proceedings<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s367">45 USC 367</ref>.</p></sidenote> for the review of a decision with respect to an annuity, supplemental annuity, or lump-sum benefit may be commenced shall be one year after the decision will have been entered upon the records of the Board and communicated to the claimant.</content> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“returns of compensation</heading> <section class="firstIndent1 fontsize10"> <num value="9"><inline class="smallCaps">“Sec</inline>. 9. </num> <content>Employers shall file with the Board, in such manner and<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231h">45 USC 231h</ref>.</p></sidenote> form and at such times as the Board by rules and regulations may prescribe, returns of compensation of employees, and, if the Board shall so require, shall furnish employees with statements of their compensation as reported to the Board. The Board’s record of the compensa-<page identifier="/us/stat/88/1344">88 <inline class="smallCaps">Stat</inline>. 1344</page>tion so returned shall be conclusive as to the amount of compensation paid to an employee during each period covered by the return, and the fact that the Board’s records show that no return was made of the compensation claimed to have been paid to an employee during a particular period shall be taken as conclusive that no compensation was paid to such employee during that period, unless the error in the amount of compensation returned in the one case, or the failure to make return of the compensation in the other case, is called to the attention of the Board within four years after the day on which return of the compensation was required to be made.</content> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“erroneous payments</heading> <section class="firstIndent1 fontsize10"> <num value="10">“<inline class="smallCaps">Sec</inline>. 10. </num> <subsection class="inline"><num value="a">(a) </num> <content>If<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231i">45 USC 231i</ref>.</p></sidenote> the Board finds that at any time more than the correct amount of annuities or other benefits has been paid to any individual under this Act, or payment has been made to an individual not entitled thereto, recovery by adjustment in subsequent payments to which such individual, or any other individual on the basis of the same compensation, wages, or self-employment income, is entitled under this Act, or the Railroad Unemployment Insurance Act may, except as otherwise provided in this section, be made under regulations prescribed by the Board. If the individual to whom more than the correct amount has been paid dies before recovery is completed, recovery may be made by setoff or adjustments, under regulations prescribed by the Board, in subsequent payments due, under<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s367">45 USC 367</ref>.</p></sidenote> this Act, or the Railroad Unemployment Insurance Act, to the estate of such individual or to any person on the basis of the compensation, wages, or self-employment income of such individual.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>Adjustments under this section may be made either by deductions from subsequent payments or, with respect to payments which are to be made during a lifetime or lifetimes, by subtracting the total amount of annuities or other benefits paid in excess of the proper amount from the actuarial value, as determined by the Board, of such payments to be made during a lifetime or lifetimes and recertifying such payments on the basis of the reduced actuarial value. In the latter case, recovery shall be deemed to have been completed upon such recertification.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>There shall be no recovery in any case in which more than the correct amount of annuities or other benefits has been paid under this Act to an individual or payment has been made to an individual not entitled thereto who, in the judgment of the Board, is without fault when, in the judgment of the Board, recovery would be contrary to the purpose of the Acts or would be against equity or good conscience.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>No certifying or disbursing officer shall be held liable for any amount certified or paid by him in good faith to any person where the recovery of such amount is waived under subsection (c) of this section or has been begun but cannot be completed under subsection (a) of this section.</content> </subsection> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“waiver or annuities</heading> <section class="firstIndent1 fontsize10"> <num value="11"><inline class="smallCaps">“Sec</inline>. 11. </num> <content>Any<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s23ij">45 USC 23ij</ref>.</p></sidenote> person awarded an annuity under this Act may decline to accept all or any part of such annuity by a waiver signed and filed with the Board. Such a waiver may be revoked in writing at any time, but no payment of the annuity waived shall be made covering the period during which such waiver was in effect. Such a waiver will have no effect on entitlement to, or the amount of, any other annuity or benefit.</content> </section> </section> <page identifier="/us/stat/88/1345">88 <inline class="smallCaps">Stat</inline>. 1345</page> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“incompetence</heading> <section class="firstIndent1 fontsize10"> <num value="12">“<inline class="smallCaps">Sec</inline>. 12. </num> <subsection class="inline"><num value="a">(a) </num> <content>Every individual receiving or claiming benefits, or to<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231k">45 USC 231k</ref>.</p></sidenote> whom any right or privilege is extended, under this Act or any other Act of Congress now or hereafter administered, in whole or in part, by the Board shall be conclusively presumed to have been competent until the date on which the Board receives written notice, in a form and manner acceptable to the Board, that he is an incompetent, or a minor, for whom a guardian or other person legally vested with the care of his person or estate has been appointed: <proviso><i>Provided, however,</i> That, regardless of the legal competency or incompetency of an individual entitled to a benefit administered by the Board, the Board may, if it finds the interest of such individual to be served thereby, recognize actions by, and conduct transactions with, and make payments to, such individual, or recognize actions by, and conduct transactions with, and make payments to, a relative or some other person for such individual’s use and benefit.</proviso></content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>Every guardian or other person legally vested with the care of the person or estate of an incompetent or minor who is receiving or claiming benefits, or to whom any right or privilege is extended, under this Act or any other Act of Congress now or hereafter administered, in whole or in part, by the Board shall have power everywhere, in the manner and to the extent prescribed by the Board, but subject to the provisions of the preceding subsection, to take any action necessary or appropriate to perfect any right or exercise any privilege of the incompetent or minor and to conduct all transactions on his behalf under this or any other Act of Congress now or hereafter administered, in whole or in part, by the Board. Any payment made pursuant to the provisions of this section shall be a complete settlement and satisfaction of any claim, right, or interest in and to such payment.</content> </subsection> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“penalties</heading> <section class="firstIndent1 fontsize10"> <num value="13">“<inline class="smallCaps">Sec</inline>. 13. </num> <subsection class="inline"><num value="a">(a) </num> <content>Any person who shall knowingly fail or refuse to<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231l">45 USC 231<i>l</i></ref>.</p></sidenote> make any report or furnish any information required by the Board in the administration of this Act, including the provisions of section 7(b)(2) thereof, or who shall knowingly make or cause to be made any false or fraudulent statement or report when a statement or report is required to be made for the purpose of this Act, or who shall knowingly make or aid in making any false or fraudulent statement or claim for the purpose of causing an award or payment to be made, shall be punished by a fine of not more than $10,000 or by imprisonment not exceeding one year, or both.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>All fines and penalties imposed by a court pursuant to this Act shall be paid to the court and be remitted from time to time by order of the judge to the Treasury of the United States to be credited to the Railroad Retirement Account.</content> </subsection> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“exemption from legal process</heading> <section class="firstIndent1 fontsize10"> <num value="14"><inline class="smallCaps">“Sec</inline>. 14. </num> <content>Notwithstanding any other law of the United States, or<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231m">45 USC 231m</ref>.</p></sidenote> of any State, territory, or the District of Columbia, no annuity or supplemental annuity shall be assignable or be subject to any tax or to garnishment, attachment, or other legal process under any circumstances Whatsoever, nor shall the payment thereof be anticipated: <proviso><i>Provided, however,</i> That the provisions of this section shall not operate to exclude the amount of any supplemental annuity paid to an individual under section 2(b) of this Act from income taxable pursuant to the Federal income tax provisions of the Internal Revenue Code of 1954.</proviso><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s1">26 USC 1 <i>et seq</i></ref>.</p></sidenote></content> </section> </section> <page identifier="/us/stat/88/1346">88 <inline class="smallCaps">Stat</inline>. 1346</page> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“railroad retirement account</heading> <section class="firstIndent1 fontsize10"> <num value="15">“<inline class="smallCaps">Sec</inline>. 15. </num> <subsection class="inline"><num value="a">(a) </num> <content>The<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231n">45 USC 231n</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228o">45 USC 228<i>o</i></ref>.</p></sidenote> Railroad Retirement Account established by section 15(a) of the Railroad Retirement Act of 1937 shall continue to be maintained in the Treasury of the United States. There is hereby authorized to be appropriated to such Account for each fiscal year, beginning with the fiscal year ending June 30, 1975, to provide for the payment of benefits to be made from such Account in accordance with the provisions of section 7(c)(1) of this Act, and to provide for expenses necessary for the Board in the administration of all provisions of this Act, an amount equal to amounts covered into the Treasury (minus refunds) during each fiscal year under the Railroad<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s3233">26 USC 3233</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s3211">26 USC 3211</ref>, <ref href="/us/usc/t26/s3221">3221</ref>.</p></sidenote> Retirement Tax Act, except those portions of the amounts covered into the Treasury under sections 3211(b), 3221(c), and 3221(d) of such Tax Act as are necessary to provide sufficient funds to meet the obligation to pay supplemental annuities at the level provided under section 3(e) of this Act and, with respect to those entitled to supplemental annuities under section 205(a) of title II of this Act, at the level provided under section 205(a). The Board is directed to determine what portion of the taxes collected under sections 3211(b), 3221(c), and 3221(d) of the Railroad Retirement Tax Act is to be credited to the Railroad Retirement Account pursuant to the preceding provisions of this subsection and what portion of such taxes is to be credited to the Railroad Retirement Supplemental Account pursuant to the provisions of subsection (c) of this section. The Board shall make such a determination with respect to each calendar quarter commencing with the quarter beginning January 1, 1975, shall make each such determination not later than fifteen days before each calendar quarter, and shall, as soon as practicable after each such determination, advise the Secretary of the Treasury of the determination made. The Secretary of the Treasury shall credit the amounts covered into the Treasury under sections 3211(b), 3221(c), and 3221(d) of the Railroad Retirement Tax Act to the Railroad Retirement Account and the Railroad Retirement Supplemental Account in such proportions as is determined by the Board pursuant to the provisions of this subsection.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>In addition to the amount authorized to be appropriated in subsection (a) of this section, there is hereby authorized to be appropriated to the Railroad Retirement Account for each fiscal year, beginning with the fiscal year ending June 30, 1975, such amount as the Board determines to be necessary to meet (A) the additional costs, resulting from the crediting of military service under this Act, of benefits payable under section 2 of this Act, but only to the extent that such Account is not reimbursed for such costs under section 7(c) (2), (B) the additional administrative expenses resulting from the crediting of military service under this Act, and (C) any loss in interest to such Account resulting from the payment of additional benefits based on military service credited under this Act: <proviso><i>Provided, however,</i> That, in determining the amount to be appropriated to the Railroad Retirement Account for any fiscal year pursuant to the provisions of this subsection, there shall not be considered any costs resulting from the crediting of military service under this Act for which appropriations to such Account have already been made pursuant<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228c-1">45 USC 228c-1</ref>.</p></sidenote> to section 4(l) of the Railroad Retirement Act of 1937.</proviso> Any determination as to loss in interest to the Railroad Retirement Account pursuant to clause (C) of the first sentence of this subsection shall take into account interest from the date each annuity based, in part, on military service began to accrue or was increased to the date or dates on which the amount appropriated is credited to the Account.<page identifier="/us/stat/88/1347">88 <inline class="smallCaps">Stat</inline>. 1347</page> The cost resulting from the payment of additional benefits under this Act based on military service determined pursuant to the preceding provisions of this subsection shall be adjusted by applying thereto the ratio of the total net level cost of all benefits under this Act to the portion of such net level cost remaining after the exclusion of administrative expenses and interest charges on the unfunded accrued liability as determined under the last completed actuarial valuation pursuant to the provisions of subsection (g) of this section. At the close of the fiscal year ending June 30, 1975, and each fiscal year thereafter, the Board shall, as promptly as practicable, determine the amount to be appropriated to the Account pursuant to the provisions of this subsection, and shall certify such amount to the Secretary of the Treasury for transfer from the general fund in the Treasury to the Railroad Retirement Account. When authorized by an appropriation Act, the<sidenote><p class="indent0 firstIndent0 fontsize8">Transfer of funds.</p></sidenote> Secretary of the Treasury shall transfer to the Railroad Retirement Account from the general fund in the Treasury such amounts as, from time to time, may be determined by the Board pursuant to the provisions of this subsection and certified by the Board for transfer to such Account. In any determination made pursuant to section 7(c)(2) of this Act, no further charges shall be made against the Trust Funds established by title II of the Social Security Act for military service<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228c-1">45 USC 228c-1</ref>.</p></sidenote> rendered before January 1, 1957, and with respect to which appropriations authorized by clause (2) of the first sentence of section 4(1) of the Railroad Retirement Act of 1937 shall have been credited to the Railroad Retirement Account, but the additional benefit payments incurred by such Trust Funds by reason of such military service shall be taken in account in making any such determination.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>The Railroad Retirement Supplemental Account established<sidenote><p class="indent0 firstIndent0 fontsize8">Supplemental annuities.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228o">45 USC 228<i>o</i></ref>.</p></sidenote> by section 15(b) of the Railroad Retirement Act of 1937 shall continue to be maintained in the Treasury of the United States. There is hereby authorized to be appropriated to such account for each fiscal year, beginning with the fiscal year ending June 30, 1975, to provide for the payment of supplemental annuities under section 2(b) of this Act, and to provide for the expenses necessary for the Board in the administration of the payment of such supplemental annuities, an amount equal to such portions of the amounts covered into the Treasury (minus refunds) during each fiscal year under sections 3211(b), 3221(c), and 3221(d) of the Railroad Retirement Tax Act as are not<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s3211">26 USC 3211</ref>, <ref href="/us/usc/t26/s3221">3221</ref>.</p></sidenote> appropriated to the Railroad Retirement Account pursuant to the provisions of subsection (a) of this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>There is hereby authorized to be appropriated to the Railroad Retirement Account for each fiscal year, beginning with the fiscal year ending June 30, 1976, such sums as the Board determines to be necessary on a level basis to pay before the end of fiscal year 2000 the total of (A) the amounts of the annuities paid and to be paid after 1974 pursuant to the provisions of sections 3(h), 4(e), and 4(h) of this Act and pursuant to the provisions of sections 204(a)(3), 204(a)(4), 206(3), and 207(3) of title II of this Act, plus (B) any loss in interest to such Account resulting from the payment of such amounts reduced by (C) such amount as the Board determines, on an estimated basis, is equal to the excess of (i) the interest which such account will actually earn in the fiscal years 1976 through 2000 over (ii) the interest which such account would have earned in such fiscal years if the provisions of subsection (e) of this section were identical to the provisions of section 15(c) of the Railroad Retirement Act of 1937. The Board shall, at the time of each actuarial valuation made prior to the fiscal year 2000 pursuant to the provisions of subsection (g) of this section re-evaluate the amount determined under the preceding sen-<page identifier="/us/stat/88/1348">88 <inline class="smallCaps">Stat</inline>. 1348</page>tence for the purpose of determining the amounts to be appropriated thereunder.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content>At<sidenote><p class="indent0 firstIndent0 fontsize8">Investments.</p></sidenote> the request and direction of the Board, it shall be the duty of the Secretary of the Treasury (hereinafter referred to as the ‘Secretary’) to invest such portion of the amounts credited to the Railroad Retirement Account and the Railroad Retirement Supplemental Account as, in the judgment of the Board, is not immediately required for the payment of annuities, supplemental annuities, and death benefits. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose such obligations may be acquired (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. The purposes for which obligations of the United States may be issued<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t31/s774">31 USC 774</ref>.</p></sidenote> under the Second Liberty Bond Act, as amended, are hereby extended to authorize the issuance at par of special obligations exclusively to the accounts. Such obligations issued for purchase by the accounts shall have maturities fixed with due regard for the needs of the accounts, and shall bear interest at a rate equal to the average market yield, computed as of the end of the calendar month next preceding the date of such issue, borne by all marketable interest-bearing notes of the United States then forming a part of the public debt that are not due or callable until after the expiration of three years from the end of such calendar month, except that where such rate is not a multiple of one-eighth of 1 per centum, the rate of interest on such obligations shall be the multiple of one-eighth of 1 per<sidenote><p class="indent0 firstIndent0 fontsize8">Rate of interest.</p></sidenote> centum nearest such rate: <proviso><i>Provided,</i> That the rate of interest on such obligations shall in no case be less than 3 per centum per annum. At the request of the Board the Secretary shall purchase other interest-bearing obligations of the United States, or obligations guaranteed as to both principal and interest by the United States, or other obligations which are lawful investments for trust funds of the United States, on original issue or at the market price:</proviso> <proviso><i>Provided,</i> That the interest yield of such obligations shall not be less than the interest rate determined in accordance with the preceding sentence.</proviso> At the request of the Board, the Secretary shall sell at the market price such obligations in the accounts (other than special obligations issued exclusively to the accounts) as the Board designates. The Board shall from time to time request the Secretary to redeem such special obligations issued exclusively to the accounts as the Board designates and upon such request the Secretary shall redeem such obligations at par plus accrued interest. All requests of the Board to the Secretary, provided for in this subsection, shall be mandatory upon the Secretary. It shall be the duty of the Board to determine at all times what proportion of the accounts shall be invested in other than special obligations issued to the accounts and further to determine which of such obligations available to the accounts consistent with the foregoing requirements will provide the greatest rate of return on the funds invested.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <content>The<sidenote><p class="indent0 firstIndent0 fontsize8">Actuarial Advisory committee.</p></sidenote> Board is hereby authorized and directed to select two actuaries, one from recommendations made by representatives of employees and the other from recommendations made by representatives of employers as defined in paragraph (i) of section 1(a)(1) of this Act. These actuaries, along with a third who shall be designated by the Secretary of the Treasury, shall be known as the Actuarial Advisory Committee with respect to the Railroad Retirement Account. The actuaries so selected shall hold membership in the American Academy of Actuaries and shall be qualified in the evaluation of pen-<page identifier="/us/stat/88/1349">88 <inline class="smallCaps">Stat</inline>. 1349</page>sion plans: <proviso><i>Provided, however,</i> That these requirements shall not apply to any actuary who served as a member of the Committee prior to January 1, 1975.</proviso> The Committee shall examine the actuarial reports and estimates made by the Board and shall have authority to recommend to the Board such changes in actuarial methods as they may deem necessary. The compensation of the members of the Committee, exclusive of the member designated by the Secretary, shall be fixed by the Board on a per diem basis.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">“(g) </num> <content>The Board shall include in its annual report a statement of<sidenote><p class="indent0 firstIndent0 fontsize8">Annual report.</p></sidenote> the status and the operations of the Railroad Retirement and Railroad Retirement Supplemental Accounts. At intervals not longer than three years the Board shall make an estimate of the liabilities created by this Act and shall include such estimate in its annual report.</content> </subsection> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“private pensions</heading> <section class="firstIndent1 fontsize10"> <num value="16"><inline class="smallCaps">“Sec</inline>. 16. </num> <content>Nothing in this Act shall be taken as restricting or discouraging<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231o">45 USC 231<i>o</i></ref>.</p></sidenote> payment by employers to retired employees of pensions or gratuities in addition to the annuities paid to such employees under this Act, nor shall this Act be taken as terminating any trust heretofore created for the payment of such pensions or gratuities. The annuity, except a supplemental annuity under section 2(b), of an individual shall not be reduced on account of any pension or gratuity paid by an employer to such individual.</content> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“free transportation</heading> <section class="firstIndent1 fontsize10"> <num value="17"><inline class="smallCaps">“Sec</inline>. 17. </num> <content>It shall not be unlawful for carriers by railroad subject<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231p">45 USC 231p</ref>.</p></sidenote> to this Act to furnish free transportation to individuals receiving annuities under this Act in the same manner as such transportation is furnished to employees in their service.</content> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“crediting service under the social security act</heading> <section class="firstIndent1 fontsize10"> <num value="18"><inline class="smallCaps">“Sec</inline>. 18. </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Except as provided in subdivision (2), the term<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231q">45 USC 231q</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s410">42 USC 410</ref>.</p></sidenote> ‘employment’ as defined in section 210 of the Social Security Act shall not include service performed by an individual as an employee as defined in section 1 (b) of this Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>For the purpose of determining (i) monthly insurance benefits under the Social Security Act to an employee who will have completed less than ten years of service and to others deriving from him or her during his or her life and (ii) monthly insurance benefits and lump-sum death benefits under such Act with respect to the death of an employee who (A) will have completed less than ten years of service or (B) will have completed ten or more years of service but will not have had a current connection with the railroad industry at the time of his death, and for the purposes of section 203 of that Act, section<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s403">42 USC 403</ref>.</p></sidenote> 210(a)(9) of the Social Security Act and subdivision (1) of this section shall not operate to exclude from ‘employment’ under the Social Security Act service which would otherwise be included in such ‘employment’ but for such sections. For such purpose, compensation paid in a calendar year shall, in the absence of evidence to the contrary, be presumed to have been paid in equal proportions with respect to all months in the year in which the employee will have been in service as an employee. In the application of the Social Security Act pursuant<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote> to this subdivision to service as an employee, all service as defined in section 1(d) of this Act shall be deemed to have been performed within the United States.</content> </paragraph> </section> </section> <page identifier="/us/stat/88/1350">88 <inline class="smallCaps">Stat</inline>. 1350</page> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“automatic benefit eligibility requirement adjustments</heading> <section class="firstIndent1 fontsize10"> <num value="19">“<inline class="smallCaps">Sec</inline>. 19. </num> <subsection class="inline"><num value="a">(a) </num> <content>If<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231r">45 USC 231r</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401</ref>.</p></sidenote> the title II of the Social Security Act is amended at any time after December 31, 1974, to reduce the eligibility requirements for old-age insurance benefits, disability insurance benefits, wife’s insurance benefits payable to a wife, husband’s insurance benefits, child’s insurance benefits payable to a child of a deceased individual, widow’s insurance benefits payable to a widow, widower’s insurance benefits, mother’s insurance benefits payable to a widow, or parent’s insurance benefits, such reduced eligibility requirements shall be applicable, in accordance with regulations prescribed by the Board, to individuals, spouses, or survivors, as the case may be, under section 2 of this Act to the extent that such reduced eligibility requirements would provide such individuals, spouses, or survivors with entitlement to annuities under such section 2 to which they would not be entitled except for such reduced eligibility requirements: <proviso><i>Provided, however,</i> That no annuity shall be paid to any person pursuant to the provisions of this subsection if that person does not satisfy an eligibility requirement imposed by section 2 of this Act of a kind not imposed by the Social Security Act on December 31, 1974, or an eligibility requirement imposed by section 2 of this Act of a kind which was imposed by the<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote> Social Security Act on December 31, 1974, but which was not reduced by the amendment to that Act:</proviso> <proviso><i>Provided further,</i> That the annuity amounts to which such individuals, spouses, or survivors will be entitled under this Act by reason of the provisions of this subsection shall be only such amounts as are determined under the provisions of section 3(a), 4(a), or 4(f), respectively, of this Act.</proviso></content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>If title II of the Social Security Act is amended at any time after December 31, 1974, to provide monthly insurance benefits under that Act to a class of beneficiaries not entitled to such benefits thereunder prior to January 1, 1975, every person who is a member of such class of beneficiaries shall be entitled to annuities under section 2 of, this Act, in accordance with regulations prescribed by the Board, in an amount equal to the amount of the monthly insurance benefit to which such person would have been entitled under the Social Security Act if service as an employee after December 31, 1936, had been included in the term ‘employment’ as defined in that Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>If<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s426">42 USC 426</ref>, <ref href="/us/usc/t42/s1395">1395</ref>.</p></sidenote> section 226 or title XVIII of the Social Security Act is amended at any time after December 31, 1974, to reduce the conditions of entitlement to, or to expand the nature of, the benefits payable thereunder, or if health care benefits in addition to, or in lieu of, the benefits payable under such section 226 or such title XVIII are provided by any provision of law which becomes effective at any time after December 31, 1974, such reductions in the conditions of entitlement to benefits, such expanded benefits, or such additional, or substituted, health care benefits shall be available to every employee (as defined in this Act), and those deriving from him, in the same manner, and to the same extent, as if his service as an employee after December 31, 1936, had been included in the term ‘employment’ as defined in the Social Security Act. The Board shall have the same authority, in accordance with regulations prescribed by it, to determine the rights of employees who will have completed ten years of service, and of those deriving from such employees, to benefits provided by reason of the provisions of this subsection as the Secretary of Health, Education, and Welfare has with respect to individuals insured under the Social Security Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <chapeau>Notwithstanding the provisions of subsections (a), (b), and (c) of this section—</chapeau> <page identifier="/us/stat/88/1351">88 <inline class="smallCaps">Stat</inline>. 1351</page> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>No annuity or other benefit shall be payable to any person on the basis of the compensation and years of service of an individual by reason of the provisions of subsection (a), (b), or (c) of this section if, and to the extent that, such annuity or other benefit would duplicate a benefit payable to such person on the basis of such compensation and years of service under a provision of the Social Security Act, or any other Act of Congress, which<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote> becomes effective after December 31, 1974.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>No annuity shall be payable to a person by reason of subsection (a) or (b) of this section unless the individual upon whose compensation and years of service such annuity would be based will have (A) completed ten years of service, and (B) in the case of a survivor, had a current connection with the railroad industry at the time of his death.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>if the Social Security Act is amended after December 31, 1974, to remove any, or all, restriction on the receipt of more than one monthly insurance benefit thereunder, annuity amounts provided a person under section 3(h), 4(e), or 4(h) of this Act, or under section 204(a)(3), 204(a)(4), 206(3), or 207(3) of title II of this Act, shall be reduced (but not below zero) by the amount of any annuity provided such person under this Act by reason of such amendment.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>If and to the extent that an annuity or other benefit payable to a person by reason of the provisions of subsection (a), (b), or (c) of this section duplicates an annuity or other benefit then payable to such person under other provisions of this Act, such annuity or other benefit then payable under other provisions of this Act shall be reduced (but not below zero) by the amount of the annuity or other benefit payable by reason of subsection (a), (b), or (c).</content> </paragraph> </subsection> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“separability</heading> <section class="firstIndent1 fontsize10"> <num value="20"><inline class="smallCaps">“Sec</inline>. 20. </num> <content>If any provision of this Act, or the application thereof to<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231s">45 USC 231s</ref>.</p></sidenote> any person or circumstance, should be held invalid, the remainder of such Act, or the application of such provision to other persons or circumstances, shall not be affected thereby.</content> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">“short title</heading> <section class="firstIndent1 fontsize10"> <num value="21"><inline class="smallCaps">“Sec</inline>. 21. </num> <content>This Act may be cited as the ‘Railroad Retirement Act of 1974’.”<sidenote><p class="indent0 firstIndent0 fontsize8">Railroad Retirement Act of 1974</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231t">45 USC 231t</ref>.</p></sidenote></content> </section> </section> </quotedContent> </content> <num value="II">TITLE II—</num> <heading class="inline">TRANSITIONAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content>The claims of individuals who, prior to the effective date<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231">45 USC 231 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228b">45 USC 228b</ref>, <ref href="/us/usc/t45/s228c">228c</ref>, <ref href="/us/usc/t45/s228e">228e</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228a">45 USC 228a</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s215">45 USC 215</ref>–<ref href="/us/usc/t45/s228">228 notes</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228f">45 USC 228f note</ref>.</p></sidenote> of title I of this Act, became eligible for annuities, supplemental annuities, or death benefits under section 2, 3(j), or 5 of the Railroad Retirement Act of 1937 shall be adjudicated by the Board under that Act in the same manner and with the same effect as if title I of this Act had not been enacted: <proviso><i>Provided, however,</i> That no annuity, supplemental annuity, or death benefit shall be awarded under the Railroad Retirement Act of 1937 on the basis of an application therefor filed with the Board on or after the effective date of title I of this Act:</proviso> <proviso><i>Provided further,</i> That no annuity under the Railroad Retirement Act of 1935, no annuity or supplemental annuity under the Railroad Retirement Act of 1937, and no pension under section 6 of the Railroad Retirement Act of 1937 shall be payable for any month after December 31, 1974.</proviso></content> </section> <page identifier="/us/stat/88/1352">88 <inline class="smallCaps">Stat</inline>. 1352</page> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <subsection class="inline"><num value="a">(a) </num> <content>Every individual who would have been entitled to an annuity under the Railroad Retirement Act of 1935 for the month of January 1975, if this Act had not been enacted, shall be entitled to an annuity under paragraph (i) of section 2(a)(1) of the Railroad Retirement<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231">45 USC 231 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s215">45 USC 215</ref>–<ref href="/us/usc/t45/s228">228 notes</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1312.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1319.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228c">45 USC 228c</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228f">45 USC 228f note</ref>.</p></sidenote> Act of 1974, beginning January 1, 1975, in an amount determined under the provisions of section 3(a) of such Act, which amount shall initially be equal to the amount determined under clause (i) of section 3(a)(6) of the Railroad Retirement Act of 1937 for the purpose of computing the last increase in such individual’s annuity under the Railroad Retirement Act of 1935 pursuant to the provisions of section 105 of Public Law 93–69, less the amount of any monthly insurance benefit to which such individual is actually entitled (before any deductions on account of work) under the Social Security Act.<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote></content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The amount of the annuity of an individual under subsection (a) of this section shall be increased by an amount, if any, equal to the amount by which (i) his annuity under the Railroad Retirement Act of 1935 for the month of December 1974 exceeds (ii) his annuity under subsection (a) of this section for the month of January 1975.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <subsection class="inline"><num value="a">(a) </num> <content>Every<sidenote><p class="indent0 firstIndent0 fontsize8">Pension.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231">45 USC 231 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228f">45 USC 228f</ref>.</p></sidenote> individual who would have been entitled to a pension under section 6 of the Railroad Retirement Act of 1937 for the month of January 1975, if this Act had not been enacted, shall be entitled to an annuity under paragraph (i) of section 2(a)(1) of the Railroad Retirement Act of 1974 in an amount determined under the provisions of section 3(a) of such Act, which amount shall initially be equal to the amount determined under clause (i) of section 3(a)(6) of the Railroad Retirement Act of 1937 for the purpose of computing the last increase in such individual’s pension under section 6 of the Railroad Retirement Act of 1937 pursuant to the provisions of section 105 of Public Law 93–69, less the amount of any monthly insurance benefit to which such individual is actually entitled (before any deductions on account of work) under the Social Security Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The amount of the annuity of an individual under subsection (a) of this section shall be increased by an amount, if any, equal to the amount by which (i) his pension under section 6 of the Railroad Retirement Act of 1937 for the month of December 1974 exceeds (ii) his annuity under subsection (a) of this section for the month of January 1975.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The annuities of each individual under the preceding subsections of this section shall be paid on January 1, 1975, and on the first day of each calendar month thereafter during his life.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <subsection class="inline"><num value="a">(a) </num> <chapeau>Every<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231">45 USC 231 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228b">45 USC 228b</ref>.</p></sidenote> individual who was entitled to an annuity under section 2(a) 1, 2(a)2, 2(a)3, 2(a)4, or 2(a)5 of the Railroad Retirement Act of 1937 for the month of December 1974, or who would have been entitled to such an annuity for such month except for the provisions of section 2(d) of such Act, and who would have been entitled to such an annuity for the month of January 1975, if this Act had not been enacted, shall be entitled to an annuity under paragraph (i), (ii), (iii), (iv),or (v), respectively, of section 2(a)(1) of the Railroad Retirement Act of 1974, beginning January 1, 1975: <proviso><i>Provided, however,</i> That if an individual who was entitled to an annuity under section 2(a)4 or 2(a)5 of the Railroad Retirement Act of 1974 is age 65 or older, on January 1, 1975, such individual shall be entitled to an annuity under paragraph (i) of section 2(a)(1) of the Railroad Retirement Act of 1974.</proviso> For purposes of this subsection—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>that portion of the individual’s annuity as is provided under section 3(a) of the Railroad Retirement Act of 1974 shall initially be in an amount equal to the amount determined under clause (i) of section 3(a)(6) of the Railroad Retirement Act of<page identifier="/us/stat/88/1353">88 <inline class="smallCaps">Stat</inline>. 1353</page> 1937 for the purpose of computing the last increase in the amount<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228c">45 USC 228c</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote> of such individual’s annuity as computed under the provisions of section 3(a), and that part of section 3(e) which preceded the first proviso, of the Railroad Retirement Act of 1937, less the amount of any monthly insurance benefit to which such individual is actually entitled (before any deductions on account of work) under the Social Security Act;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>that portion of the individual’s annuity as is provided under section 3(b)(1) of the Railroad Retirement Act of 1974<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1319.</p></sidenote> shall be in an amount, if any, equal to the amount by which (A) his annuity under section 2(a) of the Railroad Retirement Act of 1937 for the month of December 1974 (before any reduction on<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228b">45 USC 228b</ref>.</p></sidenote> account of age and without regard to section 2(d) of such Act) exceeds (B)(i), if such individual is entitled to an annuity amount provided under paragraph (3) of this subsection, the amount of the annuity which would have been provided such individual under paragraph (1) of this subsection (before any reduction due to such individual’s entitlement to a monthly insurance benefit under the Social Security Act) for the month of January 1975 if he had no wages or self-employment income under the Social Security Act other than wages derived from service as an employee under the Railroad Retirement Act of 1974 after December 31,<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1305.</p></sidenote> 1936, and before January 1, 1975, or (ii), if such individual is not entitled to an annuity amount provided under paragraph (3) of this subsection, the amount of his annuity provided under paragraph (1) of this subsection (before any reduction due to such individual’s entitlement to a monthly insurance benefit under the Social Security Act) for the month of January 1975: <proviso><i>Provided, however,</i> That if the annuity of any individual under the Railroad Retirement Act of 1937 for the month of December 1974 was<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228a">45 USC 228a</ref>.</p></sidenote> computed under the first proviso of section 3(e) of such Act, the annuity of such individual for purposes of clause (A) of this paragraph shall be the annuity which such individual would have received under such Act for the month of December 1974, if no other person had been included in the computation of the annuity of such individual;</proviso> and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>if the individual was entitled to an old-age insurance<sidenote><p class="indent0 firstIndent0 fontsize8">Old-age or disability insurance benefits.</p></sidenote> benefit or a disability insurance benefit under the Social Security Act on December 31, 1974, or was fully insured under that Act on that date, the annuity amounts provided under paragraphs (1) and (2) of this subsection shall be increased by an amount determined under the provisions of section 3(h)(1) of the Railroad Retirement Act of 1974: <proviso><i>Provided, however,</i> That, if the individual was entitled to an old-age insurance benefit or a disability insurance benefit under the Social Security Act on December 31, 1974, such amount shall not be less nor more than an amount which would cause the total of the annuity amounts provided the individual by the provisions of this subsection for the month of January 1975 to equal the total of the annuity under the Railroad Retirement Act of 1937 (prior to any reduction on account of age and without regard to section 2(d) of that Act) plus the old-age or disability insurance benefit under the Social Security Act (before any reduction on account of age and deductions on account of work) which such individual would have received for such month if this Act had not been enacted.</proviso></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>if the individual was entitled to a wife’s, husband’s, widow’s, or widower’s insurance benefit under the Social Security Act on December 31, 1974, or is the wife, husband, widow, or widower of a person who was fully insured under that Act on<page identifier="/us/stat/88/1354">88 <inline class="smallCaps">Stat</inline>. 1354</page> that date, the annuity amounts provided under paragraphs (1) and (2) of this subsection shall be increased by an amount determined under the provisions of section 3(h)(3) of the Railroad Retirement<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1319.</p></sidenote> Act of 1974.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>An individual who was awarded an annuity under section 2(a) of<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228b">45 USC 228b</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1312.</p></sidenote> the Railroad Retirement Act of 1937, but who could not have become eligible for an annuity under paragraph 2 of such section, shall not be eligible for an annuity under paragraph (ii) of section 2(a)(1) of the Railroad Retirement Act of 1974.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <subsection class="inline"><num value="a">(a) </num> <content>Every<sidenote><p class="indent0 firstIndent0 fontsize8">Supplemental annuity, eligibility.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231">45 USC 231 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228c">45 USC 228c</ref>.</p></sidenote> individual who was entitled to a supplemental annuity under section 3(j) of the Railroad Retirement Act of 1937 for the month of December 1974, or who would have been entitled to such a supplemental annuity for such month except for the provisions of section 2(d) of such Act, and who would have been entitled to such a supplemental annuity for the month of January 1975, if this Act had not been enacted, shall be entitled to a supplemental annuity under section 2(b)(1) of the Railroad Retirement Act of 1974, beginning January 1, 1975, in an amount, the provisions of section 3(e) of such Act notwithstanding, equal to the amount of the supplemental annuity to which such individual was entitled under section 3(j) of the Railroad Retirement Act of 1937 for the month of December 1974, or to which such individual would have been entitled for such month under such section 3 (j) except for the provisions of section 2(d) of such Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>An individual who was awarded an annuity under section 2(a) of the Railroad Retirement Act of 1937, but who could not have become eligible for a supplemental annuity under section 3(j) of such Act if this Act had not been enacted, shall not be eligible for a supplemental annuity under section 2(b) of the Railroad Retirement Act of 1974.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <chapeau>Every<sidenote><p class="indent0 firstIndent0 fontsize8">Spouse’s annuity.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231">45 USC 231 note</ref>.</p></sidenote> spouse who was entitled to an annuity under section 2(e) or 2(h) of the Railroad Retirement Act of 1937 for the month of December 1974, or who would have been entitled to such an annuity for such month except for the provisions of section 2(d) of such Act, and who would have been entitled to such an annuity for the month of January 1975, if this Act had not been enacted, shall be entitled to an annuity under section 2(c) of the Railroad Retirement Act of 1974, beginning January 1, 1975. For purposes of this section—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>that portion of the spouse’s annuity as is provided under section<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1327.</p></sidenote> 4(a) of the Railroad Retirement Act of 1974 shall initially be in an amount equal to the amount determined under clause (i) of section 3(a)(6) of the Railroad Retirement Act of 1937 for the purpose of computing the last increase in the amount of such spouse’s annuity as computed under the provisions of section 2 of the Railroad Retirement Act of 1937, less the amount of any wife’s insurance benefit or husband’s insurance benefit to which such spouse is actually entitled (before any deductions on account of<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s402">42 USC 402</ref>.</p></sidenote> work) under the Social Security Act on the basis of such individual’s wages and self-employment income: <proviso><i>Provided, however,</i> That the amount of such annuity shall be subject to reduction in accordance with the provisions of section 202(k) or 202 (q) of the Social Security Act, other than a reduction on account of age, in the same manner as any wife’s insurance benefit or husband’s insurance benefit payable under section 202 of the Social Security Act and shall also be subject to reduction in accordance with the provisions of section 4(i)(2) of the Railroad Retirement Act of 1974;</proviso></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>that portion of the spouse’s annuity as is provided under section 4(b) of the Railroad Retirement Act of 1974 shall be in an amount, if any, equal to 50 per centum of the individual’s annuity as computed in accordance with the provisions of para-<page identifier="/us/stat/88/1355">88 <inline class="smallCaps">Stat</inline>. 1355</page>graph (2) of section 204(a) of this title: <proviso><i>Provided, however,</i> That, in case of a spouse who is not entitled to an annuity amount provided under paragraph (3) of this section, if (A) the amounts of the annuity provided a spouse for the month of January 1975 by the provisions of paragraph (1)(before any reduction due to such spouse’s entitlement to a wife’s or husband’s insurance benefit under the Social Security Act) and the preceding provisions of<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228b">45 USC 228b</ref>.</p></sidenote> this paragraph exceed (B) the amount of the annuity to which such spouse was entitled (before any reduction on account of age) for the month of December 1974 under section 2(e) or 2(h) of the Railroad Retirement Act of 1937 (deeming, for this purpose, any increase in the amount of such annuity which, had this Act not been enacted, would have become effective January 1, 1975, by reason of an increase in the maximum amount payable as a wife’s insurance benefit under the Social Security Act to have been effective for the month of December 1974), or to which such spouse would have been entitled for such month under such section 2(e) or 2(h) except for the provisions of section 2(d) of such Act, the amount of the annuity provided such spouse for the month of January 1975 by the preceding provisions of this paragraph shall be reduced until the total of the amounts described in clause (A) of this proviso equals the amount described in clause (B):</proviso> <proviso><i>Provided, further,</i> That, if the amount of the annuity of the spouse provided by paragraph (1) of this section is reduced by reason of the provisions of section 4(i)(2) of the Railroad Retirement Act of 1974, the amount of the annuity provided such spouse by<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1327.</p></sidenote> the preceding provisions of this paragraph shall not be less than an amount which would cause the total of the annuity amounts provided such spouse under paragraph (1)(before any reduction pursuant to the provisions of section 202 (k) or 202 (q) of the Social Security Act and before any reduction due to such spouse’s<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s402">42 USC 402</ref>.</p></sidenote> entitlement to a wife’s or husband’s insurance benefit under the Social Security Act) and paragraph (2) of this section for the month of January 1975 to equal the amount of the annuity (before any reduction on account of age) which such spouse would have received for such month under section 2(e) or 2(h) of the Railroad Retirement Act of 1937 (without regard to the provisions of section 2(d) of that Act) if this Act had not been enacted;</proviso> and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>if the spouse was entitled to an old-age insurance benefit or a disability insurance benefit under the Social Security Act of December 31, 1974, or was fully insured under that Act on that date, or was entitled to a wife’s or a husband’s insurance benefit under that Act on that date, the annuity amounts provided under paragraphs (1) and (2) of this section shall be increased by an amount determined under the provisions of section 4(e)(1), or, if the spouse was entitled only to a wife’s or husband’s insurance benefit, 4(e)(3) of the Railroad Retirement Act of 1974: <proviso><i>Provided, however,</i> That, if the spouse was entitled to a monthly insurance benefit under the Social Security Act of December 31, 1974, such amount shall not be less nor more than an amount which would cause (A) the total of (i) the annuity amounts provided the spouse by the provisions of this section for the month of January 1975 plus (ii) the monthly insurance benefit to which such spouse is entitled for that month under the Social Security Act (before any reductions on account of age and deductions on account of work) to equal (B) the total of (i) the spouse’s annuity under the Railroad Retirement Act of 1937<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228a">45 USC 228a</ref>.</p></sidenote> (prior to any reduction on account of age and without regard to<page identifier="/us/stat/88/1356">88 <inline class="smallCaps">Stat</inline>. 1356</page> section<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228b">45 USC 228b</ref>.</p></sidenote> 2(d) of that Act) plus (ii) the monthly insurance benefit under the Social Security Act (before any reduction on account of age and deductions on account of work) which such spouse would have received for such month if this Act had not been enacted.</proviso></content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num> <chapeau>Every<sidenote><p class="indent0 firstIndent0 fontsize8">Survivor’s annuities.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231">45 USC 231 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228e">45 USC 228e</ref>.</p></sidenote> survivor who was entitled to an annuity under section 5 of the Railroad Retirement Act of 1937 for the month of December 1974, or who would have been entitled to such an annuity for such mouth except for the provisions of section 5(i) of such Act, and who would have been entitled to such an annuity for the month of January 1975, if this Act had not been enacted, shall be entitled to an<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1312.</p></sidenote> annuity under section 2(d) of the Railroad Retirement Act of 1974 beginning January 1, 1975. For purposes of this section—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>that portion of the survivor’s annuity as is provided under section<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1327.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228c">45 USC 228c</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s402">42 USC 402</ref>.</p></sidenote> 4(f) of the Railroad Retirement Act of 1974 shall initially be in an amount equal to the amount determined under clause (i) of section 3(a)(6) of the Railroad Retirement Act of 1937 for the purpose of computing the last increase in the amount of such survivor’s annuity as computed under the provisions of section 5(q) of the Railroad Retirement Act of 1937: <proviso><i>Provided, however,</i> That the amount of such annuity shall be subject to reduction in accordance with the provisions of section 202(k) or 202(q) of the Social Security Act in the same manner as any widow’s insurance benefit, mother’s insurance benefit, widower’s insurance benefit, parent’s insurance benefit, or child’s insurance benefit payable under section 202 of the Social Security Act and shall also be subject to reduction in accordance with the provisions of section 4(i)(2) of the Railroad Retirement Act of 1974;</proviso></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>that portion of the survivor’s annuity as is provided under section 4(g) of the Railroad Retirement Act of 1974 shall initially be in an amount equal to 30 per centum of the amount computed in accordance with the provisions of paragraph (1) of this section prior to any reductions, other than reductions on account of age, in accordance with the provisions of section 202(k) or 202(q) of the Social Security Act and prior to any reductions in accordance with the provisions of section 4(i)(2) of the Railroad Retirement Act of 1974: <proviso><i>Provided, however,</i> That, if such survivor is not entitled to an annuity amount provided under paragraph (3) of this section, such amount shall not be less than an amount which would cause (A) the total of the annuity amounts provided the survivor by the provisions of this section for the month of January 1975 to equal (B) the amount of the annuity which the survivor would have received for such month under section 5 of the Railroad Retirement Act of 1937 (without regard to section 5(i) of that Act) if this Act had not been enacted;</proviso> and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>if the survivor is a widow or widower who was entitled to an old-age insurance benefit or a disability insurance benefit under the Social Security Act on December 31, 1974, or was fully insured under that Act on that date, the annuity amounts provided under paragraphs (1) and (2) of this section shall be increased by an amount determined under the provisions of 4(h)(1) of the Railroad Retirement Act of 1974: <proviso><i>Provided, however,</i> That, if the widow or widower was entitled to a monthly insurance benefit under<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote> the Social Security Act on December 31, 1974, such amount shall not be less nor more than an amount which would cause (A) the total of (i) the annuity amounts provided the widow or widower by the provisions of this section for the month of<page identifier="/us/stat/88/1357">88 <inline class="smallCaps">Stat</inline>. 1357</page> January 1975 plus (ii) the monthly insurance benefit to which such widow or widower is entitled for that month under the Social Security Act (before any deductions on account of work) to<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228a">45 USC 228a</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228e">45 USC 228e</ref>.</p></sidenote> equal (B) the total of (i) the widow’s or widower’s annuity under the Railroad Retirement Act of 1937 (without regard to section 6(i) of that Act) plus (ii) the monthly insurance benefit under the Social Security Act (before any deductions on account of work) which such widow or widower would have received for such month if this Act had not been enacted.</proviso></content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num> <content>For purposes of paragraph (1) of section 204(a), paragraph<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231">45 USC 231 note</ref>.</p></sidenote> (1) of section 206, and paragraph (1) of section 207, the fact that the amount of the annuity payable to an individual, spouse, or survivor under the Railroad Retirement Act of 1937 for the month of December 1974 may not (i) in the case of an individual have been computed under the provisions of section 3(a) of such Act or that part of<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228c">45 USC 228c</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228b">45 USC 228b</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228e">45 USC 228e</ref>.</p></sidenote> section 3(e) of such Act which precedes the first proviso; (ii) in the case of a spouse, have been computed under the provisions of section 2 of such Act; or (iii) in the case of a survivor, have been computed under the provisions of section 5 of such Act, shall be disregarded, and the amount determined under clause (i) of section 3(a)(6) of such Act with respect to such individual, spouse, or survivor shall, for purposes of such paragraphs, be the amount which would have been determined under such clause (i) if the annuity of such individual had been computed under the provisions of section 3(a), and that part of section 3(e) which preceded the first proviso, of such Act; the annuity of such spouse had been computed under the provisions of section 2 of such Act; or the annuity of such survivor had been computed under the provisions of section 5 of such Act.</content> </section> <section class="firstIndent1 fontsize10"> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num> <subsection class="inline"><num value="a">(a) </num> <content>Whenever monthly insurance benefits under section<sidenote><p class="indent0 firstIndent0 fontsize8">Monthly insurance benefits, increases.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231">45 USC 231 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s402">42 USC 402</ref>.</p></sidenote> 202 of the Social Security Act are increased, the amount of each annuity provided by section 202(a), section 203(a), paragraph (1) of section 204(a), paragraph (1) of section 206, and paragraphs (1) and (2) of section 207 shall be increased in the same manner, and effective the same date as other annuities of the same type payable under section 2 of the Railroad Retirement Act of 1974 are increased.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The annuity amounts provided by section 202(b), section 203<sidenote><p class="indent0 firstIndent0 fontsize8">Annuity increases.</p></sidenote><sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1319.</p></sidenote> (b), paragraph (2) of section 204(a), and paragraph (2) of section 206 shall be increased by the same percentage, or percentages, and effective the same date, or dates, as other annuity amounts of the same type are increased pursuant to the provisions of section 3(g) of the Railroad Retirement Act of 1974.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="210"><inline class="smallCaps">Sec</inline>. 210. </num> <content>The election of a joint and survivor annuity made before<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231">45 USC 231 note</ref>.</p></sidenote> July 31, 1946, by an individual to whom an annuity accrues under the Railroad Retirement Act of 1937 before January 1, 1975, shall be given effect as though the provisions of law under which the election was made had continued to be operative unless such election had been revoked prior to the time the annuity of such individual began to accrue.</content> </section> <num value="III">TITLE III—</num> <heading class="inline">AMENDMENTS TO THE SOCIAL SECURITY ACT</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <chapeau>Section 202(1) of the Social Security Act is amended<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s402">42 USC 402</ref>.</p></sidenote>—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>section 5 of the Railroad Retirement Act of 1937</quotedText>” and inserting in lieu thereof “<quotedText>section 2 of the Railroad Retirement Act of 1974</quotedText>”; and<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1312.</p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>subsection (f)(1) of such section</quotedText>” and inserting in lieu thereof “<quotedText>section 6(b) of such Act</quotedText>”.<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1334.</p></sidenote></content> </paragraph> </section> <page identifier="/us/stat/88/1358">88 <inline class="smallCaps">Stat</inline>. 1358</page> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <subsection class="inline"><num value="a">(a) </num> <content>Section<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s405">42 USC 405</ref>.</p></sidenote> 205 (i) of the Social Security Act is amended by inserting immediately before the colon preceding the proviso therein the following: “<quotedText>(except that in the case of (A) an individual who will have completed ten years of service creditable under the Railroad Retirement Act of 1937 or the Railroad Retirement Act of 1974, (B) the wife or husband of such an individual, (C) any survivor of such an individual if such survivor is entitled, or could upon application become entitled, to an annuity under section 2 of the Railroad Retirement<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228a">45 USC 228a</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1305.</p></sidenote><sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1312.</p></sidenote> Act of 1974, and (D) any other person entitled to benefits under section 202 of this Act on the basis of the wages and self-employment income of such an individual (except a survivor of such an individual where such individual did not have a current connection with the railroad industry, as defined in the Railroad Retirement Act of 1974, at the time of his death), such certification shall be made to the Railroad Retirement Board which shall provide for such payment or payments to such person on behalf of the Managing Trustee in accordance with the provisions of the Railroad Retirement Act of 1974)</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s405">42 USC 405 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401</ref>.</p></sidenote> amendment made by this section shall apply only with respect to benefits payable to individuals who first become entitled to benefits under title II of the Social Security Act after 1974.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <chapeau>Section<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s405">42 USC 405</ref>.</p></sidenote> 205(o) of the Social Security Act is amended—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>section 5 of the Railroad Retirement Act of 1937</quotedText>” and inserting in lieu thereof “<quotedText>section 2 of the Railroad Retirement<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1312.</p></sidenote> Act of 1974</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>subsection (f)(1) of such section</quotedText>” and inserting<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1334.</p></sidenote> in lieu thereof “<quotedText>section 6(b) of such Act</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>by striking out “<quotedText>section 4 of such Act</quotedText>” and inserting in lieu thereof<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1319.</p></sidenote> “<quotedText>section 3 (1) of such Act</quotedText>”.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num> <content>Sections 216(b), 216(c), 216(f), and 216(g) of the Social Security<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s416">42 USC 416</ref>.</p></sidenote> Act are each amended by striking out “<quotedText>section 5 of the Railroad Retirement Act of 1937</quotedText>” and inserting in lieu thereof “<quotedText>section 2 of the Railroad Retirement Act of 1974</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="305"><inline class="smallCaps">Sec</inline>. 305. </num> <subsection class="inline"><num value="a">(a) </num> <content>Section<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s426">42 USC 426</ref>.</p></sidenote> 226(b) of the Social Security Act is amended by striking out “<quotedText>section 22 of the Railroad Retirement Act of 1937</quotedText>” from paragraph (2) and inserting in lieu thereof “<quotedText>section 7(d) of the Railroad<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1338.</p></sidenote> Retirement Act of 1974</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 226(d) of such Act is amended by striking out “<quotedText>section 21 or section 22 of the Railroad Retirement Act of 1937</quotedText>” each time it appears therein and inserting in lieu thereof “<quotedText>section 7(d) of the Railroad Retirement Act of 1974</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Section 226(e) of such Act is amended by striking out “<quotedText>Railroad Retirement Act of 1937</quotedText>” each time it appears therein and inserting in lieu thereof “<quotedText>Railroad Retirement Act of 1974</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="306"><inline class="smallCaps">Sec</inline>. 306. </num> <content>Section<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1395s">42 USC 1395s</ref>.</p></sidenote> 1840(b) of the Social Security Act is amended by striking out “<quotedText>or pension under the Railroad Retirement Act of 1937</quotedText>” from paragraph (1) and inserting in lieu thereof “<quotedText>under the Railroad Retirement Act of 1974</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="307"><inline class="smallCaps">Sec</inline>. 307. </num> <content>Section<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1395u">42 USC 1395u</ref>.</p></sidenote> 1842(g) of the Social Security Act is amended by striking out “<quotedText>section 21(b) of the Railroad Retirement Act of 1937</quotedText>” and inserting in lieu thereof “<quotedText>section 7(d) of the Railroad Retirement Act of 1974</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="308"><inline class="smallCaps">Sec</inline>. 308. </num> <content>Section<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1395v">42 USC 1395v</ref>.</p></sidenote> 1843(b) of the Social Security Act is amended by striking out “<quotedText>or pension under the Railroad Retirement Act of 1937</quotedText>” and inserting in lieu thereof “<quotedText>under the Railroad Retirement Act of 1974</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="309"><inline class="smallCaps">Sec</inline>. 309. </num> <content>Section<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1395gg">42 USC 1395gg</ref>.</p></sidenote> 1870(b) of the Social Security Act is amended by striking out “<quotedText>Railroad Retirement Act of 1937</quotedText>” each time it appears therein and inserting in lieu thereof “<quotedText>Railroad Retirement Act of 1974</quotedText>”.</content> </section> <page identifier="/us/stat/88/1359">88 <inline class="smallCaps">Stat</inline>. 1359</page> <section class="firstIndent1 fontsize10"> <num value="310"><inline class="smallCaps">Sec</inline>. 310. </num> <content>Section 1874(a) of the Social Security Act is amended<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s1395kk">42 USC 1395kk</ref>.</p></sidenote> by striking out “<quotedText>Railroad Retirement Act of 1937</quotedText>” and inserting in lieu thereof “<quotedText>Railroad Retirement Act of 1974</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="311"><inline class="smallCaps">Sec</inline>. 311. </num> <chapeau>Section 210(1) of the Social Security Act is amended<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s410">42 USC 410</ref>.</p></sidenote>—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>section 4 of the Railroad Retirement Act of 1937</quotedText>” from paragraph 4(A) and inserting in lieu thereof “<quotedText>section 3(i) of the Railroad Retirement Act of 1974</quotedText>”; and<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1319.</p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>, as provided in section 4(p)(2) of that Act</quotedText>”, from paragraph (4)(A) thereof.</content> </paragraph> </section> <num value="IV">TITLE IV—</num> <heading class="inline">AMENDMENTS TO THE RAILROAD UNEMPLOYMENT INSURANCE ACT</heading> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <subsection class="inline"><num value="a">(a) </num> <content>Section 2(c) of the Railroad Unemployment Insurance Act is amended by striking out “<quotedText>Railroad Retirement Act of 1937</quotedText>” and inserting in lieu thereof “<quotedText>Railroad Retirement Act of 1974</quotedText>” and by<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s352">45 USC 352</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1305.</p></sidenote> striking out “<quotedText>and section 10 (h)</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 2(g) of such Act is amended by striking out “<quotedText>section 3(f)(1) of the Railroad Retirement Act of 1937</quotedText>” each time it appears therein and inserting in lieu thereof “<quotedText>section 6(a)(1) of the Railroad Retirement Act of 1974</quotedText>”.<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> P. 1334.</p></sidenote></content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <content>Section 4(a-1) of the Railroad Unemployment Insurance Act is amended by striking out “<quotedText>or pensions under the Railroad Retirement<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s354">45 USC 354</ref>.</p></sidenote> Act of 1935 or the Railroad Retirement Act of 1937</quotedText>” from paragraph (ii) and inserting in lieu thereof “<quotedText>under the Railroad Retirement Act of 1974</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num> <content>Section 10 of the Railroad Unemployment Insurance Act<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s360">45 USC 360</ref>.</p></sidenote> is amended by striking out subsection (h) and all that appears therein.</content> </section> <section class="firstIndent1 fontsize10"> <num value="404"><inline class="smallCaps">Sec</inline>. 404. </num> <chapeau>Section 11(c) of the Railroad Unemployment Insurance Act is amended<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s361">45 USC 361</ref>.</p></sidenote>—</chapeau> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>by striking out “<quotedText>Railroad Retirement Act of 1937 and the Railroad Retirement Act of 1935</quotedText>” and inserting in lieu thereof “<quotedText>Railroad Retirement Act of 1974</quotedText>”; and</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>by striking out “<quotedText>such Acts</quotedText>” and inserting in lieu thereof “<quotedText>such Act</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="405"><inline class="smallCaps">Sec</inline>. 405. </num> <content>Section 12(1) of the Railroad Unemployment Insurance Act is amended by striking out “<quotedText>section 10(b)(4) of the Railroad<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s362">45 USC 362</ref>.</p></sidenote> Retirement Act of 1937</quotedText>” and inserting in lieu thereof “<quotedText>subdivisions (5), (6), and (9) of section 7(b) of the Railroad Retirement Act of 1974</quotedText>”.<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1338.</p></sidenote></content> </section> <num value="V">TITLE V—</num> <heading class="inline">AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1954</heading> <section class="firstIndent1 fontsize10"> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num> <subsection class="inline"><num value="a">(a) </num> <chapeau>Section 3221 (c) of the Internal Revenue Code of 1954<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s3221">26 USC 3221</ref>.</p></sidenote> is amended—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>for appropriation to the Railroad Retirement Supplemental Account provided for in section 15(b) of the Railroad Retirement Act of 1937</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>under section 3(j) of such Act</quotedText>” and inserting in lieu thereof “<quotedText>at the level provided under section 3(j) of the Railroad Retirement Act of 1937 as in effect on December 31,<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228c">45 USC 228c</ref>.</p></sidenote> 1974</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>by inserting after “<quotedText>section 3(j)(2) of the Railroad Retirement Act of 1937</quotedText>” “<quotedText>or section 2(h)(2) of the Railroad Retirement Act of 1974</quotedText>”.<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1312.</p></sidenote></content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 3221 (d) of such Code is amended—</content> </subsection> <page identifier="/us/stat/88/1360">88 <inline class="smallCaps">Stat</inline>. 1360</page> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>section 3(j) of the Railroad Retirement Act of 1937</quotedText>” and inserting in lieu thereof “<quotedText>section 2(b) of the Railroad<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1312.</p></sidenote> Retirement Act of 1974</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>section 3(j) of such Act</quotedText>” and inserting in lieu thereof “<quotedText>section 2(b) of such Act</quotedText>”.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num> <chapeau>Section<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s6413">26 USC 6413</ref>.</p></sidenote> 6413(c) of the Internal Revenue Code of 1954 is amended—</chapeau> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>by inserting “<quotedText>or section 3201, or by both such sections,</quotedText>” after “<quotedText>section 3101</quotedText>” in paragraph (1) thereof; and</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>by adding at the end of paragraph (1) the following new sentence: “<quotedText>The term ‘wages’ as used in this paragraph shall, for purposes of this paragraph, include ‘compensation’ as defined in section<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s3231">26 USC 3231</ref>.</p></sidenote> 3231(e).</quotedText>”</content> </subsection> </section> <num value="VI">TITLE VI—</num> <heading class="inline">MISCELLANEOUS PROVISIONS AND EFFECTIVE DATES</heading> <section class="firstIndent1 fontsize10"> <num value="601"><inline class="smallCaps">Sec</inline>. 601. </num> <content>Section<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228c">45 USC 228c</ref>.</p></sidenote><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401</ref>.</p></sidenote> 3(a)(6) of the Railroad Retirement Act of 1937 is amended by adding at the end thereof the following new sentences: “If the individual entitled to an increase determined under the preceding provisions of this paragraph is also entitled to a benefit for the same month under title II of the Social Security Act, there shall, any provisions to the contrary notwithstanding, be offset against the total of the increase, or increases, of such individual determined under the preceding provisions of this paragraph, any amount by which such individual’s social security benefit was increased during the period July 1, 1974, through December 31, 1974. For purposes of approximating any such offsets, the Railroad Retirement Board is authorized to determine the percentage figure which, when applied against current social security benefits, will produce approximately the amount of the increase, or increases, in social security benefits during the period July 1, 1974, through December 31, 1974. The amount produced by applying such percentage figure to the current social security benefit of an individual shall be the amount utilized in making the offset prescribed by the provisions of this paragraph.”</content> </section> <section class="firstIndent1 fontsize10"> <num value="602"><inline class="smallCaps">Sec</inline>. 602. </num> <subsection class="inline"><num value="a">(a) </num> <content>The<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231a">45 USC 231a note</ref>.</p></sidenote> provisions of title I of this Act shall become effective on January 1, 1975, except as otherwise provided herein: <proviso><i>Provided, however,</i> That annuities awarded under section 2 of the Railroad Retirement Act of 1974 on the basis of an application therefor filed with the Board on or after such date may, subject to the limitations prescribed in section 5(a) of such Act, begin prior to such date, except that no annuity under paragraph (ii) of section 2(a)(1) of such Act shall begin to accrue to a man prior to July 1, 1974.</proviso></content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The provision of section l(o) of the Railroad Retirement Act of<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1305.</p></sidenote> 1974 which provides that a “current connection with the railroad industry” will not be broken by “employment with the Department of Transportation, the Interstate Commerce Commission, the National Mediation Board, or the Railroad Retirement Board” shall not be applicable (A) for purposes of paragraph (iv) of section 2(a)(1) of such Act, to an individual who became disabled, as provided for purposes of such paragraph, prior to January 1, 1975, (B) for purposes of section 2(b)(1) of such Act, to an individual whose annuity under<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228b">45 USC 228b</ref>.</p></sidenote> section 2(a) of the Railroad Retirement Act of 1937 or section 2(a)(1) of the Railroad Retirement Act of 1974 first began to accrue prior to January 1, 1975, and (C) for purposes of section 2(d)(1) of such Act, to a survivor of a deceased employee if such employee died prior to January 1, 1975.</content> </subsection> <page identifier="/us/stat/88/1361">88 <inline class="smallCaps">Stat</inline>. 1361</page> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The provisions of clause (i)(B) and clause (ii)(B) of section 2(c)(1) of the Railroad Retirement Act of 1974 shall not be applicable<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231a">45 USC 231a note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1312.</p></sidenote><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228b">45 USC 228b</ref>.</p></sidenote> to the spouse of an individual if (A) such individual will have completed thirty years of service and will have been awarded an annuity under section 2(a) of the Railroad Retirement Act of 1937 or section 2(a)(1) of the Railroad Retirement Act of 1974 which first began to accrue prior to July 1, 1974, or (B) such individual will have completed less than thirty years of service and will have been awarded an annuity under section 2(a) of the Railroad Retirement Act of 1937 of section 2(a)(1) of the Railroad Retirement Act of 1974 which first began to accrue prior to January 1, 1975. For purposes of the entitlement of the spouse of an individual described in clause (A) or (B) of the preceding sentence to an annuity under such section 2(c)(1), the provisions of clause (i)(B) of such section 2(c)(1) shall be deemed to read: “(B) has attained the age of 65”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>The provisions of section 2(b)(1) of the Railroad Retirement Act of 1974 which permit an individual to become entitled to a supplemental annuity thereunder if he “has attained age 60 and completed thirty years of service” shall not be applicable to an individual who was awarded an annuity under section 2(a) of the Railroad Retirement Act of 1937 or section 2(a)(1) of the Railroad Retirement Act of 1974 which first began to accrue prior to July 1, 1974.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>The provisions of section 7(e) of the Railroad Retirement Act<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1338.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s231f">45 USC 231f note</ref>.</p></sidenote> of 1974 shall be effective on the enactment date of this Act and shall apply with respect to all gifts and bequests covered thereunder, regardless of the date on which such gifts or bequests were made.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="603"><inline class="smallCaps">Sec</inline>. 603. </num> <content>The provisions of title II of this Act and the amendments<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t42/s402">42 USC 402 note</ref>.</p></sidenote> made by title III and title IV of this Act shall become effective on January 1, 1975.</content> </section> <section class="firstIndent1 fontsize10"> <num value="604"><inline class="smallCaps">Sec</inline>. 604. </num> <content>The amendments made by the provisions of title V of this<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t26/s3221">26 USC 3221 note</ref>.</p></sidenote> Act shall become effective on January 1, 1975, and shall apply only with respect to compensation paid for services rendered on or after that date.</content> </section> <section class="firstIndent1 fontsize10"> <num value="605"><inline class="smallCaps">Sec</inline>. 605. </num> <content>The amendment made by section 601 of this Act shall be<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228c">45 USC 228c note</ref>.</p></sidenote><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t45/s228a">45 USC 228a</ref>.</p></sidenote> effective on the enactment date of this Act and shall apply with respect to any increase in annuities under the Railroad Retirement Act of 1937 which becomes effective after June 30, 1974.</content> </section> Carl Albert Speaker of the House of Representatives. James O. Eastland President of the Senate pro tempore. IN THE HOUSE OF REPRESENTATIVES, U.S.,

October 15, 1974.

The House of Representatives having proceeded to reconsider the bill (H.R. 15301) entitled “An Act to amend the Railroad Retirement Act of 1937 to revise the retirement system for employees of employers covered thereunder, and for other purposes”, returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was

88 Stat. 1362 Resolved,

That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same.

W. Pat Jennings Clerk. I certify that this Act originated in the House of Representatives. W. Pat Jennings Clerk. IN THE SENATE OF THE UNITED STATES,

October 16, 1974.

The Senate having proceeded to reconsider the bill (H.R. 15301) entitled “An Act to amend the Railroad Retirement Act of 1937 to revise the retirement system for employees of employers covered thereunder, and for other purposes”, returned by the President of the United States with his objections to the House of Representatives, in which it originated, it was

Resolved,

That the said bill pass, two-thirds of the Senators present having voted in the affirmative.

Attest: Francis R. Valeo Secretary.
Public Law 93–446: Authorizing the procurement of an oil portrait and marble bust of former Chief Justice Earl Warren. Public Law 446 Public Law 93–446 88 Stat. 1362 1974-10-17 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public Public Law 93–446
Joint Resolution Authorizing the procurement of an oil portrait and marble bust of former Chief Justice Earl Warren.

October 17, 1974

[S.J. Res. 123]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That

Former Chief Justice Earl Warren.

Oil portrait and marble bust, procurement.

 (a) the Marshal of the Supreme Court of the United States, subject to the direction and approval of Chief Justice of the United States, is authorized and directed to procure an oil portrait and a marble bust, including pedestal, of the former Chief Justice Earl Warren and to cause them to be placed in the United States Supreme Court Building. (b) There

Appropriation.

 is authorized to be appropriated $25,000 to carry out the purposes of this joint resolution.
Approved October 17, 1974.
C1 SUBJECT INDEX Note: Part 1 contains pages 1–1362; Part 2 contains pages 1363–2545. Page Absentee Shawnee Tribe, Okla., lands held in trust for 1922 Accounts, Bureau of, appropriation for 210, 212, 225, 614 ACTION:  Appropriation for 227, 1649  Indian Financing Act of 1974, management and technical assistance, cooperation 83  Peace Corps, readjustment allowance, waiver of claims 191  Retired Senior Volunteer Program, local contributions, restrictions 358 Actuaries, Joint Board for the Enrollment of, establishment 1002 Adjustment Assistance Coordinating Committee, establishment 2040 Administrative Conference of the United States:  Appropriation for 619  Commerce, unfair or deceptive practices in or affecting, rulemaking procedures, study 2198  Oil spills, uniform law for liability, study 2145 Adult Education, National Advisory Council for, reports to by State advisory councils, recommendations 578 Adult Education Act:  Amendments—   Advisory councils, extension 612   Programs, extension and revision 576–579   Puerto Rico, treatment as a State 611  Appropriation for effecting provisions 1775 Adult Education Clearinghouse, establishment 577 Advisory Board on Child Abuse and Neglect, establishment 7 Advisory Commission on Intergovernmental Relations:  Appropriation for 228, 620, 1781  Deposit insurance coverage for public fund accounts, impact study 1502 Advisory Committee for Trade Negotiations, establishment 1996 Advisory Committee on Federal Pay, appropriation for 620 Advisory Committee to the Administrator on Standards for the Administration of Juvenile Justice, establishment 1118 Advisory Council on Education Statistics, establishment 556 Advisory Council on Employee Welfare and Pension Benefit Plans, establishment 895 Aeronautics and Space Act of 1958, National, Amendments:  Experts and consultants, pay 243  Solar heating and cooling, activities 1070  Aeronautics and Space Administration, National. See National Aeronautics and Space Administration. National Aeronautics and Space Administration Authorization Act, 1975 240  Appropriation for effecting provisions 1100, 1101 Aeronautics Board. Civil:  Appropriation for 212, 227, 778  High-speed ground transportation between major west coast cities, feasibility study, consultation 1532  International air transportation, discriminatory and unfair practices, review 2102  Property restricted from aircraft cabins, liability, regulations 418 Africa:  Angola, Mozambique, and Guinea-Bissau, independence of, U.S. policy on 1816  Disaster relief to drought stricken nations of 290  Economic assistance to, policy 1816  Portugal and Portuguese colonies gaining independence, assistance 1818 Age Discrimination in Employment Act of 1967, Amendment, federal government employment 74 Aged. See Elderly Persons. Aging, Administration on, commissioner, delegation of functions, modification 357 Aging, National Advisory Council on, establishment 185 Aging, National Institute on, establishment 185 Aging Act of 1974, Research on 184 Agricultural Act of 1954, appropriation for effecting provisions 1828 Agricultural Act of 1956, appropriation for effecting provisions 817 Agricultural Act of 1961, appropriation for effecting provisions 1827 Agricultural Act of 1970, appropriation for effecting provisions 1838, 1839 Agricultural Adjustment Act, modification of duties on certain commodities, proclamations 2437, 2441, 2457, 2487 Agricultural Adjustment Act of 1938:  Amendments—   Tobacco acreage allotments or quotas, N.C., emergency lease or transfer 1416   Tobacco marketing quotas 1089  Appropriation for effecting provisions 1829 Agricultural Commodities. See also individual commodities.  Emergency mass feedings or distribution, purchase of 157  Purchase for domestic food assistance programs, extension 340  Shortages and increased prices, impact analysis 1552  Tariff schedules, proclamations 2437, 2440, 2457, 2487C2 Agricultural Commodities Act, 1930, Perishable, Amendment, marketing practices, violation, monetary penalty 423 Agricultural Credit, foreign assistance programs relating to 1796 Agricultural Library, National, appropriation for 1826 Agricultural Marketing Act of 1946, appropriation for effecting provisions 1825–1828 Agricultural Marketing Agreement Act of 1937, appropriation for effecting provisions 1827 Agricultural Marketing Service, appropriation for 217, 1827 Agricultural Research Service, appropriation for 217, 1823 Agricultural Stabilization and Conservation Service, appropriation for 1828, 1838 Agricultural Trade Development and Assistance Act of 1954, appropriation for effecting provisions 440, 627, 1188, 1823, 1828 Agriculture, Department of:  Agricultural Act of 1954, appropriation for effecting provisions 1828  Agricultural Act of 1956, appropriation for effecting provisions 817  Agricultural Act of 1961, appropriation for effecting provisions 1827  Agricultural Act of 1970, appropriation for effecting provisions 1838, 1839  Agricultural Adjustment Act, modification of duties on certain commodities, proclamations 2437, 2441, 2457, 2487  Agricultural Adjustment Act of 1938—   Amendments—    Tobacco acreage allotments or quotas, N.C., emergency lease or transfer 1416    Tobacco marketing quotas 1089   Appropriation for effecting provisions 1829  Agricultural Marketing Act of 1946, appropriation for effecting provisions 1825–1828  Agricultural Marketing Agreement Act of 1937, appropriation for effecting provisions 1827  Agricultural Marketing Service, appropriation for 217, 1827  Agricultural Research Service, appropriation for 217, 1823  Agricultural Stabilization and Conservation Service, appropriation for 1828, 1838  Agricultural Trade Development and Assistance Act of 1954, appropriation for effecting provisions 440, 627, 1188, 1823, 1828  Animal and Plant Health Inspection Service, appropriation for 195, 217, 1824  Appropriation Act, 1975 1822  Appropriation for 195, 201, 217, 815, 1822, 1836, 1841  Bankhead-Jones Farm Tenant Act, appropriation for effecting provisions 1831  Beekeepers, indemnity payments to, appropriation for 1829  Cascade Head Scenic-Research Area, Oreg., administration 1732  Cherry Creek exclusion, Calif., review Page of suitability for preservation as a wilderness and addition to Hoover Wilderness 2155  Child Nutrition Act of 1966—   Amendments—    Nonfood assistance program, additional funds authorized 287    Special milk program, reimbursement, minimum rate 341    Special supplemental food program, additional funds authorized 287   Appropriation for effecting provisions 195, 1827, 1841  Colorado River Basin salinity control programs, cooperation 270, 271  Commodities, shortages and increased prices, impact analysis 1552  Commodity Exchange Authority—   Appropriation for 217, 1828, 2108   Transfer of personnel, property, etc. to Commodity Futures Trading Commission 1392  Commodity Futures Trading Commission, liaison with; market investigations, cooperation 1390, 1414  Community development corporations, assistance to 2322  Conservation and rehabilitation on public land, cooperative Federal State programs 1369  Cooperative State Research Service, appropriation for 217, 1825  Dairy farmers and manufacturers, indemnity payments to, appropriation for 1829  Disaster areas—   Food commodities, coupons, and distribution 157   Timber sale contracts 158  Economic Research Service, appropriation for 217, 1826  Egg Research and Consumer Information Act 1171  Emergency Livestock Credit Act of 1974 391  Emergency mass feeding or distribution, purchase of commodities for 157  Extension Service, appropriation for 1825  Farm Credit Administration, appropriation for 227, 1834  Farmer Cooperative Service, appropriation for 217, 1828  Farmers Home Administration—   Appropriation for 217, 1832   Community development corporations, assistance to 2322   Rural Development Loan Fund, administration of, utilization of services 2320  Federal Crop Insurance Corporation, appropriation for 217  Federal Noxious Weed Act of 1974 2148  Fire control, watershed protection, and reforestation, assistance to Guam 1154  Food and Agriculture Act of 1965, appropriation for effecting provisions 1829  Food and Nutrition Service, appropriation for 195, 1840C3  Food Stamp Act of 1964—   Amendments—    Federal payments to States 341    Supplemental security income recipients, eligibility extension 291   Appropriation for effecting provisions 1841  Foreign Agricultural Service, appropriation for 217, 1828  Forest Service—   Appropriation for 201, 218, 805, 815   Budget authority, rescission of certain 1711   Pueblo of Acoma Tribe, N. Mex., land exchange 1738   Tree planting, assistance to States, appropriation for 817  Forestry incentives program, appropriation for 1839  General Counsel, Office of the, appropriation for 217, 1823  General provisions, Appropriations Act 1842  Grapes and plums, export grade standards 1966  Hatch Act (experiment stations), appropriation for effecting provisions 1825  Inspector General, Office of the, appropriation for 217, 1822  Interior, Department of the, transfer of certain funds from 268 Land conveyances—   Board of Education, Lee County, S.C 1383   Jasper County Board of Education, Ga 2361  Lands in Allegany County, N.Y., release of conditions for conveyance to New York State 1382  Milk program, special—   Appropriation for 1841   Reimbursement, minimum rate 341  National Agricultural Library, appropriation for 217, 1826  National Forests. See separate title.  National School Lunch Act. See separate title.  National School Lunch and Child Nutrition Act Amendments of 1974 286  Nutrition program for the elderly, level of assistance; food stamps, regulation of use 358  Organic Act of 1944, appropriation for effecting provisions 817, 1822, 1829, 1831, 1832, 1834, 1837, 1841, 1842  Packers and Stockyards Administration, appropriation for 217, 1828  Product sectors of manufacturing, establishment 1984  Recreation areas, use fees 192  Renewable Resource Assessment, preparation 476  Renewable Resource Program, preparation and report 477  Rural Development Act of 1972, appropriation for effecting provisions 1825, 1826  Rural Development Service, appropriation for 217, 1831  Rural Electrification Act of 1936, appropriation for effecting provisions 1831, 1832  Rural Electrification Administration, appropriation for 217, 1831  Rural housing 692  Secretary, Office of the, appropriation for 217, 1822  Smith-Lever Act, appropriation for effecting provisions 1825, 1826  “Smokey Bear”, name and character, use and reproduction 244  Soil Bank Act, appropriation for effecting provisions 1829  Soil Conservation and Domestic Allotment Act, appropriation for effecting provisions 1829, 1838  Soil Conservation Service, appropriation for 195, 217, 1836  Statistical Reporting Service, appropriation for 217, 1826  Trade agreements, assistance 1995, 1998  Water Bank Act, appropriation for effecting provisions 1829, 1839  Wilderness areas. See separate title.  “Woodsy Owl”, use and reproduction of name, character, or slogan, royalties and restrictions 244  Youth Conservation Corps—   Appropriation for 816    Expansion 1066    State projects, grant program 1067 Agriculture and Consumer Protection Act of 1973:  Amendment, domestic food assistance programs, purchase of agricultural commodities for, extension 340  Appropriation for effecting provisions 1829 Agriculture-Environmental and Consumer Protection Appropriation Act, 1975 1822 Air and Space Museum, National, appropriation for 820 Air Force, Department of the. See also Armed Forces; Defense, Department of.  Active duty personnel strength 401  Aircraft, missiles, etc.—   Appropriation for procurement 198, 1221   Research and development, appropriation authorization 233, 400, 401  Appropriation for 196, 219, 1213  Band, sale of recordings for American Revolution Bicentennial 1868  Civilian personnel strength 403  Commissioned officer strength 795  Family housing, appropriation for 2181  Flying units, command 1695  Medical officers in initial residency, continuation pay 792  Military Construction Appropriation Act, 1975 2179  Military Construction Authorization Act, 1975 1752  Military training, student load 404  National Guard. See Air under National Guard.  Operation and maintenance, appropriation for 196, 1215  Personnel and equipment, loan to Bureau of Sport Fisheries and Wildlife 124  Physicians, dentists, and medical officers, revised pay structure 94, 95  Procurement, appropriation for 198, 1221, 1222  Reporting requirements, elimination of certain 1968  Research, development, etc., appropriation for 198, 1223C4  Reserve components—   Appropriation for 1214   Aviation career incentive pay 179   Deceased members, presentation of flag for 176   Facilities, construction, etc 1770   Military construction, appropriation for 2181   Military training, student load 404   Operation and maintenance, appropriation for 197, 1217   Selected Reserve, strength 402  Reserve Forces Facilities Authorization Act, 1975 1770 Air Pollution. See Pollution. Air Transportation Fair Competitive Practices Act of 1974, International 2102 Air Transportation Security Act of 1974 415 Aircraft:  Antihijacking Act of 1974 409  Grand Canyon National Park, Ariz., operation within, regulation 2091  Passenger-carrying, transportation of radioactive materials on, regulations 2159 Aircraft, Missiles, Vessels, Etc., Armed Forces:  Appropriation authorization 233, 400  Appropriation for procurement 197, 198, 1218–1222 Aircraft, Vessels, Facilities, Etc., Coast Guard, appropriation authorization 1180 Airmen’s Home, United States Soldiers’ and, appropriation for 219, 1651 Airport and Airway Development Act of 1970, appropriation for effecting provisions 771 Alabama:  Cahaba River, segment designated for possible inclusion in the national wild and scenic rivers system 2094  Ozark, aviation museum, conveyance of site for 1767  Sipsey Fork River, segment designated for possible inclusion in the national wild and scenic rivers system 2095  Sipsey Wilderness, designation 2097  Tuskegee, syphilis study, payments to subjects 1638  Tuskegee Institute National Historic Site, establishment 1462 Alamogordo Dam and Reservoir, N. Mex., name changed to Sumner Dam and Lake Sumner 1363 Alaska:  Alaska Highway, appropriation for 774  Anchorage, land conveyance 1844  Archives and records, transfer from National Archives and Records Service 1740  Chamisso Wilderness, designation 2153  Ferry operations in 2284  Fishing vessels, certain inspection and loadline requirements, exemption 1182, 1183  Gospel Missionary Union, land conveyance 2384  Native American Programs Act of 1974 2324 Alaska, Joint Federal-State Land Use Planning Commission for, appropriation for 821 Alaska Native Claims Settlement Act, appropriation for effecting provisions 811 Alaska Native Fund, appropriation for 811 Alaska Power Administration, appropriation for 788 Alaska Railroad, appropriation for 776 Alcohol, Drug Abuse, and Mental Health, National Panel on, establishment 134 Alcohol, Drug Abuse, and Mental Health Administration:  Appropriation for 1640, 1773  Establishment 134  National Research Service Awards 342 Alcohol, Tobacco, and Firearms, Bureau of, appropriation for 225, 614 Alcohol Abuse and Alcoholism, Interagency Committee on Federal Activities for, establishment 133 Alcohol Abuse and Alcoholism, National Advisory Council on, National Panel on Alcohol, Drug Abuse, and Mental Health, member 134 Alcohol Abuse and Alcoholism, National Institute on:  Biomedical and behavioral research, peer review of grant applications and contracts, cooperation 360  Departmental position of 135  Interagency Committee on Federal Activities for Alcohol Abuse and Alcoholism, Chairman 133 Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1974, Comprehensive 125 Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, Comprehensive. See Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970. Alcohol and Drug Abuse Education Act, new title for the Drug Abuse Education Act of 1970 1154 Alcohol and Drug Abuse Education Act Amendments of 1974 1154 Alcoholism, counseling and recovery program 2299 Alcoholism and Intoxication Treatment Act, Uniform, grants for implementation 128 Aliens: [Note: For actions concerning individuals, see Individual Index, following this Subject Index.]  Amateur radio operator licenses, issuance to 1576  Defense, Department of, employment 1224  Energy Research and Development Administration, employment 1240  Farm labor contractors, employment by, prohibition 1655  Library of Congress, employment 441 Allergy and Infectious Diseases, National Institute of:  Appropriation for 1639  National Commission on Arthritis and Related Musculoskeletal Diseases, ex officio member 2218 Amendments of 1973 to Federal Law Relating to Explosives 2217 American Battle Monuments Commission, appropriation for 227, 1099 American Education Week, 1974, proclamation 2533C5 American Forestry Week and World Forestry Day, 1974, proclamation 2459 American Heart Month, 1974, proclamation 2444 American Historical Association, National Study Commission on Records and Documents of Federal Officials, appointment of member 1700 American Hospital of Paris, Incorporated, board of governors, membership 85 American Indian Policy Review Commission, establishment 1910 American Legion, membership, eligibility for 1792 American-Mexican Boundary Treaty Act of 1972, appropriation for effecting provisions 1190 American-Mexican Treaty Act of 1950, appropriation for effecting provisions 1190 American National Red Cross, disaster relief, cooperation 150 American Printing House for the Blind, appropriation for 1646 American Revolution Bicentennial:  Coinage, continuation of minting authority 1739  Military bands, sale of recordings 1868 American Revolution Bicentennial Administration, appropriation for 201, 228, 821 American Samoa:  Child abuse and neglect, demonstration programs, treatment as a State 2310  Excess Federal property, disposal 1926  Gifts sent from, duty and tax, exemption 2075  Handicapped children in, education programs, grants 581  Headstart programs, allotment of funds 2301  Medical facilities, modernization and construction projects, allotment of funds 2262  Public water system safety program 1693  Submerged lands, conveyance to 1210  Teacher corps assistance 605 American War Mothers, membership, extension 85 Amtrak. See National Railroad Passenger Corporation. Amtrak Improvement Act of 1974 1526 Anadromous Fish Conservation Act:  Amendments—   Extension 398   Sea lamprey control 398   State cooperative agreements, Federal share increase 398  Appropriation for effecting provisions 805 Angola, U.S. policy on independence of 1816 Animal and Plant Health Inspection Service, appropriation for 195, 217, 1824 Anti-Deficiency Act, Amendment, contingency or savings reserves, establishment 332 Antidumping Act, 1921, Amendment, anti-price discrimination 2043–2049 Antietam Battlefield, Md., elimination of reporting requirements 1969 Antihijacking Act of 1974 409 Antitrust Procedures and Penalties Act 1706 Apostle Islands National Lakeshore, Wis., appropriation ceiling increase 1445 Appalachian Regional Commission, appropriation for 790 Appalachian Regional Development Act Page of 1965:  Appropriation for effecting provisions 790  Budget authority under, rescission of certain 1711  Public facility and housing assistance, applications in areas affected by major disasters, priority 151 Appeals, Courts of. See under Courts, United States. Appellate System. Commission on Revision of the Federal Court:  Additional funds 1153  Appropriation for 1779  Report to President, Congress, and Chief Justice, time extension 1153 Appropriation Acts:  Agriculture-Environmental and Consumer Protection, 1975 1822  Atomic Energy Commission, 1975 782  Commerce, Department of, 1975 1196  Continuing appropriations, 1975 281, 1363, 1867  Defense Department, 1975 1212  District of Columbia, 1975 822  Executive Office, 1975 617  Health, Education, and Welfare, Department of, 1975 1637  Housing and Urban Development, Department of, 1975 1095  Independent Offices, 1975 619  Interior Department and related agencies, 1975 803  Judiciary, 1975 1200  Justice, Department of, 1975 1192  Labor, Department of, 1975 1634  Legislative Branch, 1975 424  Military Construction, 1975 2179  Postal Service, 1975 616  Public Works for Water and Power Development, 1975 782  Second Supplemental, 1974 195  State, Department of, 1975 1187  Supplemental, 1974 76  Supplemental, 1975 1771  Supplemental, urgent 275, 2106  Transportation Department and related agencies, 1975 768  Treasury Department, 1975 613 Arab Republic, United, restriction on assistance to, repeal 1813 Arapaho National Forest, Colo., boundary extension 1878 Archeological Data, Historical and, preservation 174 Architect of the Capitol:  Appropriation for 206, 215, 437, 1777  Botanic Gardens—   Appropriation for 215, 439   Employees, erroneous payment claims, waiver 393  Capitol buildings and grounds—   Appropriation for 206, 437, 1777   Temporary and permanent construction, authorization 1914  Employees, erroneous payment claims, waiver 393  Library of Congress. See separate title.  Office of the Attending Physician, compensation of registered nurses 1777  Procurement procedures, increased ceiling 390C6 Architectural and Transportation Barriers Compliance Board:  Consumer Advisory Panel, appointment 1621  Program extension 1619 Archives and Records Service, National:  American Indian Policy Review Commission, disposition of records and papers in 1913  Appropriation for 226, 626  Archives and records, transfer of certain to Alaska 1740  Federal Register. See separate title.  National Study Commission on Records and Documents of Federal Officials, support services 1701  Records maintained on individuals, disclosure 1897, 1904 Arizona:  Cocopah Tribe of Indians, transfer of lands 269  Grand Canyon National Monument, abolishment 2090  Grand Canyon National Park Enlargement Act 2089  Havasupai Indians, lands held in trust for 2091  Hopi and Navajo Tribes, land dispute, settlement 1712  Hualapai Indian Tribe, lands held in trust for 1820  Lake Mead National Recreation Area, appropriation ceiling increase 1445  Marble Canyon National Monument, abolishment 2090  Navajo Tribe, lands held in trust 1490  Painted Rock Dam, land acquisition for Department of the Interior 268  Paiute Indians, land allotment to certain 1716  San Carlos Apache Indian Tribe, lands held in trust for 1711  Tuba City High School Public School District, assistance 1783  Yuma, municipal and industrial water delivery system, feasibility study 1498  Yuma County, land conveyance 1895 Arizona, Community Act of 1974, Page 1486 Arkansas:  Caney Creek Wilderness, designation 2097  Certain real property, release of conditions 1925  Upper Buffalo Wilderness, designation 2097 Armed Forces. See also Uniformed Services and individual services.  Aircraft, missiles, naval vessels, etc., research and development, appropriation authorization 233, 400, 401  Aviation Career Incentive Act of 1974 177  Aviation midshipman, service credit 1741  Child support and alimony obligations, garnishment of wages 2357  Claims, administrative settlement, increased limits 291  Commissary stores, surcharge 1765  Decorations for service in Southeast Asia, time limit for award of, extension 1422  Enlistments—   High school diploma requirement, prohibition 234   Uniform qualifications for male and female persons 173  Federal procurement of property and services, increased ceiling 390  Funeral Transportation and Living Expense Benefits Act of 1974 53  Insurance—   Servicemen’s Group Life Insurance—    Maximum coverage, increase 166    National Guard, inclusion 165    Reserve components, inclusion 165   Veterans’ Group Life Insurance 169  Members and civilians illegally detained in 1968, tax treatment 1953  Military bands, sale of recordings for American Revolution Bicentennial 1868  Missing status—   Deceased members, funeral transportation and living expense benefits to families of 53   Joint income tax returns, filing by surviving spouse 1950   Memorial expenses for, reimbursement 2361  Motor vehicles, shipment or reshipment 1743  Moving expenses, tax status of reimbursements for 1466  National Guard. See separate title.  Pay and allowances—   Aviation career incentive pay 177   Certain combat pay, tax treatment 1950   Enlistment and reenlistment bonuses 119   Increases, computation 1152   Retirement pay, survivor annuities 994  Prisoners of war, deceased, funeral transportation and living expense benefits to families of 53  Veterans. See separate title.  Veterans’ Insurance Act of 1974 165 Armed Forces Day, proclamation 2460 Armed Forces Enlisted Personnel Bonus Revision Act of 1974 119 Arms Control and Disarmament Act:  Amendment, experts and consultants, payment 289  Appropriation for effecting provisions 1204 Arms Control and Disarmament Agency, United States:  Appropriation for 227, 1204  Authorization of funds 289 Army, Department of the. See also Armed Forces; Defense, Department of.  Active duty personnel strength 401  Aircraft, missiles, etc.—   Appropriation for procurement 197, 1218   Research and development, appropriation authorization 233, 400, 401  Appropriation for 196, 207, 219, 1213  Band, sale of recordings for American Revolution Bicentennial 1868  Cemeterial expenses, appropriation for 1099  Civilian personnel strength 403  Deputy Chiefs of Staff, increase in number authorized 1742  Disciplinary employees, retirement benefits to certain 355  Engineers, Corps of. See separate title.  Family housing, appropriation for 2181  First Infantry Division, United States Forces in Vietnam, monument 741  Flood control. See separate title.  Hydroelectric generating facilities, construction and enlargement opportunities 114  Land conveyances—   Andrew Jackson Lodge No. 5, Fraternal Order of Police, Nashville, Tenn 19C7   Louisiana, Saint Tammany Parish 1768   Montana 25   Mountrail County Park Commission, N. Dak 24   Ozark, Ala 1767   Tennessee 15  Medical officers in initial residency, continuation pay 792  Military Academy, United States, Laotian citizen, attendance 244  Military Construction Appropriation Act, 1975 2179  Military Construction Authorization Act, 1975 1745  Military training, student load 404  National Board for the Promotion of Rifle Practice, appropriation for 1217  National Guard. See Army under National Guard.  Operation and maintenance, appropriation for 196, 1215  Personnel and equipment, loan to Bureau of Sport Fisheries and Wildlife 124  Physicians, dentists, and medical officers, revised pay structure 94, 95  Procurement, appropriation for 197, 1218, 1219  Reductions in force, discharge of commissioned officers 1793  Reporting requirements, elimination of certain 1968  Research and development, etc., appropriation for 1222  Reserve components—   Appropriation for 1213   Aviation career incentive pay 179   Deceased members, presentation of flag for 176   Facilities, construction, etc 1770   Military construction, appropriation for 2181   Military training, student load 404   Operation and maintenance, appropriation for 1216   Selected Reserve, strength 402  Reserve Forces Facilities Authorization Act, 1975 1770  San Juan National Historic Site, Puerto Rico, damage studies 1447  United States Army Command and General Staff College, degree of master of military art and science, requirements 407  United States Soldiers’ and Airmen’s Home, appropriation for 219, 1651 Art, National Gallery of, appropriation for 821 Arthritis, Metabolism, and Digestive Diseases, National Institute of:  Appropriation for 1639  Associate Director for Arthritis and Related Musculoskeletal Disease 2224  National Commission on Arthritis, and Related Musculoskeletal Diseases, ex officio member 2218  National Commission on Diabetes, member 374 Arthritis Act of 1974, National 2217 Arthritis and Related Musculoskeletal Diseases, National Commission on, establishment 2218 Arthritis Coordinating Committee, establishment 2221 Arthritis Month, National, 1974, proclamation 2478 Arthritis Screening and Detection Data Bank, establishment 2222 Arts, Commission of Fine, appropriation for 227, 818 Arts, National Endowment for the:  Appropriation for 819  Rail terminals of historical or architectural significance, preservation or reuse program, consultation 1528 Arts and the Humanities, National Foundation on the:  Appropriation for 819  Career Education, National Advisory Council for, member 552 Arts and the Humanities Act of 1965, National Foundation on the, appropriation for effecting provisions 819 Asian Development Bank Act, Amendment, U.S. participation, increase 1735 Atlantic States Marine Fisheries Commission, appropriation for 1198 Atomic Energy Act of 1954:  Amendments—   International agreements for nuclear cooperation, congressional approval 1460   Joint Committee on Atomic Energy, employees, disbursement of salaries 1776   Meritorious contribution awards, consultation with General Advisory Committee 119   Nuclear information, availability to Congress 1611   Patents, licensing requirements, extension 475   Special nuclear materials—    International distribution 473, 475    Licenses, exemptions 475  Appropriation for effecting provisions 278, 279, 782  Repeal of certain provisions 1237 Atomic Energy Commission:  Abolishment; transfer of functions to the Energy Research and Development Administration 1237  Appropriation Act, 1975 782  Appropriation for 225, 278, 782, 1778  Atomic weapons information rewards 473  Facilities, research, etc., appropriation authorization 115, 1878  General provisions, Appropriation Act 783  Geothermal Energy Coordination and Management Project, member; cooperation 1081  Licensing and regulatory functions and personnel, transfer to Nuclear Regulatory Commission 1243  Personnel and equipment, loan to Bureau of Sport Fisheries and Wildlife 124  Review of activities, elimination of report requirement 1970  Safeguards Program, appropriation authorization 1878  Solar Energy Coordination and Management Project, member 1432  Special nuclear materials—   Access approval, authority 475   International distribution, Congressional review 473 Atomic Energy Community Act of 1965, repeal of certain provisions 1970C8 Atomic Safety and Licensing Appeal Board, transfer of functions to Nuclear Regulatory Commission 1243 Atomic Safety and Licensing Board Panel, transfer of functions to Nuclear Regulatory Commission 1243 Atomic Weapons and Special Nuclear Materials Rewards Act, new title for Atomic Weapons Rewards Act of 1955 472 Atomic Weapons Rewards Act of 1955, Amendments:  Information rewards, authority of the Attorney General 472  Title changed to Atomic Weapons and Special Nuclear Materials Rewards Act 472 Attorney General:  Appointments by—   National Institute of Corrections, Advisory Board, members 1139   National Study Commission on Records and Documents of Federal Officials, member 1700  Atomic weapons information rewards, authority 472  De Luz Dam, Calif., report to Congress on, elimination 1967  Deepwater ports, applications for licenses, submittal to 2136  Egg Research and Consumer Information Act, civil action 1177  Employee pension benefits, civil action 893  Equal educational opportunity, civil action for relief 516  Federal Election Campaign Act of 1971, violations of, report to Federal Election Commission 1285  Fishery management jurisdiction, enforcement study, cooperation 1183  Freedom of information cases, annual report 1564  Juvenile Justice and Delinquency Prevention, Coordinating Council on, Chairman 1116  National Commission on Electronic Fund Transfers, member 1508  Oil spills, uniform law for liability, study 2145  Practitioners, narcotic drug dispensation, annual registration 124  Public safety awards, selection of individuals for 1544 Attorneys and Marshals, United States, appropriation for 1192 Automated Data and Telecommunications Service, appropriation for 226, 627 Automobile and Adaptive Equipment Amendments of 1974, Disabled Veterans’ and Servicemen’s 1736 Aviation Act of 1958, Federal. See Federal Aviation Act of 1958. Aviation Administration, Federal:  Air Transportation Security Act of 1974 415  Appropriation for 224, 771  Grants-in-aid for airports, availability of funds 1779  Military participation under agreements with Armed Forces, elimination of report requirement 1970 Aviation Career Incentive Act of 1974 177 Aviation Facilities Act, International, Amendment, international user charges, negotiations for reduction of discriminatory charges 2103 Ball Bearings, modification of trade agreement concessions; adjustment of duty, proclamation 2464 Baltimore-Washington Parkway, appropriation for 775 Bangladesh, relief, rehabilitation, and reconstruction assistance 1363 Bankhead-Jones Farm Tenant Act, appropriation for effecting provisions 1831 Bankruptcy Laws of the United States, Commission on, report of, printing of additional copies 2398 Banks and Banking:  Agricultural credit, foreign assistance programs relating to 1796  Asian Development Bank, United States participation, increase 1735  Business or agricultural loans, interest rates 1558  Caribbean Development Bank, participation in by Puerto Rico 1818  Deposits in U.S. banks, interest on certain, exemption extension 2116  Export-Import Bank Amendments of 1974 2333  Export-Import Bank of the United States, appropriation for 230  Federal Deposit Insurance Act. See separate title.  Federal Deposit Insurance Corporation—   National Commission on Electronic Fund Transfers, member 1508   Real estate settlement—    Congressional action, necessity for further, consultation 1730    Statement of costs, standard form, consultation 1725   Unfair or deceptive practices in or affecting consumers, enforcement of regulations 2197  Federal Home Loan Bank Act. See separate title.  Federal Home Loan Bank Board—   Appropriation for 227, 1106   Certain securities, transfer of regulatory authority to 1503   National Commission on Electronic Fund Transfers, member 1508   Real estate settlement—    Congressional action, necessity for further, consultation 1730    Statement of costs, standard form, consultation 1725  Federal Reserve Act. See separate title.  Federal Reserve System—   Board of Governors, unfair or deceptive practices in or affecting commerce, regulatory authority 2196   Equal Credit Opportunity Act 1521   National Commission on Electronic Fund Transfers, member 1508  Federal savings and loan associations, lending and investment authority 715, 716  Federal Savings and Loan Insurance Corporation—   Appropriation for 1108C9   Public deposits, insurance, clarification of authority 1739   Public fund accounts, deposit insurance coverage 1501   Secondary reserve adjustment 1507  Indian Financing Act of 1974 77   Appropriation for effecting provisions 811  Interest penalties for premature withdrawal of savings, tax deduction 1458  Money orders and traveler’s checks, abandoned, disposition of 1525  National Bank Act, amendment, public housing obligations, investment 668  National banks, real estate loans 716, 725  Political contributions, prohibitions, increased penalty for violation 1267  Securities Exchange Act of 1934, amendment, Federal Home Loan Bank Board, certain securities, transfer of regulatory authority to 1503  Traveler’s checks and money orders, abandoned, disposition of 1525 Beef, temporary quantitative limitation on importation into the United States from Canada, proclamation 2540 Beekeepers, indemnity payments to, appropriation for 1829 Bicentennial Administration, American Revolution, appropriation for 201, 228, 821 Bicycles:  Bikeways, demonstration program 2288  Duty suspension on certain parts and accessories 1466 Big Cypress National Preserve, Fla., establishment 1258 Big South Fork National River and Recreation Area, Tenn.-Ky., establishment 43 Big Thicket National Preserve, Tex., establishment 1254 Bilingual Education, National Advisory Council on, establishment 510 Bilingual Education, Office of, establishment 509 Bilingual Education Act, Amendment, extension 503 Bill of Rights Day—Human Rights Day and Week, proclamation 2543 Biomedical and Behavioral Research, National Advisory Council for the Protection of Subjects of, establishment 351 Biomedical and Behavioral Research, National Commission for the Protection of Human Subjects of, establishment 348 Biomedical Research Panel, President’s, establishment 361 Bird Treaty Act, Migratory, Amendment, migratory bird products; sale, purchase, or shipment of, prohibition 190 Biscayne National Monument, Fla., acquisition ceiling increase; boundary changes 1445, 1446 Blind:  American Printing House for the Blind, appropriation for 1646  Books for, appropriation for 207, 440  Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped—   Additional member 393   Appropriation authorization 393   Appropriation for 621   Name changed to Committee for Purchase from the Blind and Other Severely Handicapped 392  National Center for Deaf-Blind Youth and Adults—   Program extension 1619   Report to Congress, elimination 1968  Randolph-Sheppard Act Amendments of 1974 1622  Vending facilities on Federal property, priority to operate 1622  White Cane Safety Day, 1974, proclamation 2491 Blind and Visually Handicapped, Office for the, additional personnel 1629 Board for International Broadcasting, appropriation for 1204 Board for International Broadcasting Act of 1973, Amendment, authorization of funds 781 Boat Safety Act of 1971, Federal, appropriation for effecting provisions 770 Boating Week, National Safe, 1974, proclamation 2453 Bonneville Power Administration:  Appropriation for 222, 279, 788  Federal Columbia River Transmission System Act 1376 Books for the Blind and Handicapped, appropriation for 207, 440 Boston National Historical Park Act of 1974 1184 Boston National Historical Park Advisory Commission, establishment 1185 Botanic Gardens:  Appropriation for 215, 439  Employees, erroneous payment claims, waiver 393 Boulder City Act of 1958, Amendment, assistance to for water supply, elimination of report requirement 1970 Bows and Arrows, excise tax, postponement 238 Boy Scouts of America:  Gulf Coast Council, land conveyance authorization 1768  Sex discrimination prohibition, exemption 1862 Brandy, modification of trade agreement concessions; adjustment of duty, proclamation 2494 Bridgeport Indian Colony, Calif., lands in trust 1368 Bridges:  Auburn, Calif 2287  Auburn Dam and Reservoir, American River, Calif 22  Chester Bridge, Ill. and Mo., contract for operation, etc., time extension 1659  Coast Guard, payment to owners for alterations 1182  Cocopah Indian reservation, Ariz., construction of three bridges across a bypass drain 269  Federal dams, bridge construction emergency fund, increased authorization for 2290  Overseas Highway to Key West, Fla., authorization of funds for reconstruction of bridges 2288  Special replacement program, increased funds authorized 2286 Broadcasting, Board for International, appropriation for 1204C10 Broadcasting, Corporation for Public, appropriation for 1649 Broadcasting Act of 1973, Board for International, Amendment, authorization of funds 781 Budget Act of 1974, Congressional 297  Appropriation for effecting provisions 1776 Budget and Accounting Act of 1921, Amendments:  Office of Management and Budget, Director and Deputy Director, Senate confirmation 11  President’s budget, contents; midyear review; five-year projection 323, 324 Budget and Accounting Procedures Act of 1950, repeal of impoundment reporting provision 332 Budget and Impoundment Control Act of 1974, Congressional 297 Budget Office, Congressional:  Budget, submittal to Congress, study 321  Congressional budget actions, periodic reports 314  Establishment 302  Fiscal, budgetary, and program-related data and information systems 329  Joint Committee on Reduction of Federal Expenditures, transfer of functions from 304 Building Sciences, National Institute of, establishment 730 Bureau of Accounts, appropriation for 210, 212, 225, 614 Bureau of Alcohol, Tobacco, and Firearms, appropriation for 225, 614 Bureau of Customs:  Appropriation for 225  Border facilities, increased funds for 794 Bureau of Indian Affairs, appropriation fossr 200, 222, 809, 1783 Bureau of Labor Statistics:  Appropriation for 223, 1637, 1772  Education Statistics, Advisory Council on, member 556 Bureau of Land Management:  Appropriation for 200, 222, 803, 805, 1782  Budget authority, rescission of certain 1710 Bureau of Mines:  Appropriation for 222, 277, 809  Lignite coal research laboratory, N. Dak., activities, elimination of reporting requirements 1969  Transfer of certain functions to the Energy Research and Development Administration 1237 Bureau of Oceans and International Environmental and Scientific Affairs, Assistant Secretary for, compensation 238 Bureau of Outdoor Recreation, appropriation for 222, 805 Bureau of Prisons:  Appropriation for 223, 1194  Employees, retirement benefits 355  National Institute of Corrections, establishment 1139 Bureau of Reclamation, appropriation for 207, 222, 785, 1778 Bureau of Sport Fisheries and Wildlife:  Appropriation for 200, 222  Federal agency loan of personnel and equipment 123  Replacement by United States Fish Page and Wildlife Service 92 Bureau of the Mint, appropriation for 225, 615 Bureau of the Public Debt, appropriation for 212, 225, 615 Business Act, Small. See Small Business Act. Business Administration, Domestic and International, appropriation for 218, 1196 Business Enterprise, Minority, appropriation for 218, 1197 Business Loan and Investment Fund, appropriation for 1206 Cabrillo National Monument, Calif., boundary revision, proclamation 2514 California:  Agua Tibia Wilderness, designation 2154  American River, segment designated for possible inclusion in national wild and scenic rivers system 2094  Auburn, bridge construction authorization 2287  Auburn Dam and Reservoir, American River, road and bridge construction 22  Bridgeport Indian Colony, lands in trust 1368  Cabrillo National Monument, boundary revision, proclamation 2514  Channel Islands National Monument, development ceiling increase; donation of land to 1446, 1447  Cherry Creek exclusion, review of suitability for preservation as a wilderness and addition to Hoover Wilderness 2155  Coachella Canal of the Boulder Canyon project, canal or canal lining, construction 268  Emigrant Wilderness, designation 2154  Farallon National Wildlife Refuge, designation of Farallon Wilderness within 1744  Golden Gate National Recreation Area, additional lands 1741  Hensley Lake, designation 1959  Hoover Institution on War, Revolution, and Peace, Stanford University, grants to 1918  Lake Casitas Recreation Area, acquisition of additional land for open space 1493  Lava Beds National Monument, boundary change 1447  Point Reyes National Seashore, additional lands 1744  Sacramento River, bank erosion control works and setback levees 49  San Francisco cable cars, 100th anniversary, commemorative medals, authorization extension 1978  Sequoia National Park, use of certain lands within for a hydroelectric project 1660  Solano County, potential water resource development program, feasibility study 1498  Solano project, recreation facilities, authorization 1494  Toulumne River, segment designated for possible inclusion in national wild and scenic rivers system 2095C11 Cambodia:  Combat activities in or over, restriction on funds 232, 285, 1231  Economic and military assistance, limitations 1810  Relief and reconstruction, authorization of funds for 1807 Camp Fire Girls, exemption from sex discrimination prohibitions 1862 Campaign Finance Reform and Conflict of interest Act, District of Columbia 446 Campus Disrupters, denial of financial assistance 1102, 1209, 1231, 1651 Canada:  Cattle, beef, veal, swine and pork, temporary quantitative limitation on importation from, proclamation 2540  Deepwater ports, negotiations with 2147  Ferry operations 2284  Trade relations with, sense of Congress 2076 Canada, International Boundary Commission, United States and, appropriation for 1190 Canada, International Joint Commission, United States and, appropriation for 1190 Canada-France-Hawaii Telescope Project, telescope and articles for, duty-free entry 2152 Canal Zone:  Canal Zone Government—   Appropriation for 220, 778   Claims settlement 1973   Marriage license authority, transfer to 1417, 1419  Panama Canal Company—   Appropriation for 220, 779   Borrowing authority, increase 1966 Canal Zone Code, Amendments:  Borrowing authority, increase 1966  Claims settlement 1973 Canaveral National Seashore, Fla., establishment 2121 Canaveral National Seashore Advisory Commission, establishment 2124 Cancer Act Amendments of 1974, National 358 Cancer Control Month, 1974, proclamation 2469 Cancer Institute, National:  Appropriation for 1638  Program extension 358  Uterine cancer diagnosis, trial program 359 Cape Lookout National Seashore, N.C., land acquisition 1448 Capital Planning Act of 1952, National, appropriation for effecting provisions 819 Capital Planning Commission, National, appropriation for 228, 819 Capital Transportation Act of 1969, National, appropriation for effecting provisions 779 Capitol Buildings and Grounds:  Appropriation for 206, 437, 1777  Architect of the Capitol. See separate title.  Temporary and permanent construction, authorization 1914 Capitol Police:  Appropriation for 434  Overtime compensation 430 Captive National Week, 1974, proclamation 2492 Carboxymethyl Cellulose Salts, duty suspension 1457 Career Education, National Advisory Council for, establishment 552 Career Education, Office of:  Career Education, National Advisory Council for, member 552  Establishment 551 Caribbean Development Bank, participation in by Puerto Rico 1818 Carpools, demonstration program applications, extension 2289 Cascade Head Scenic-Research Area, Oreg., establishment 1732 Cattle, temporary quantitative limitation on importation into the United States from Canada, proclamation 2540 Cecil M. Harden Lake, Ind., designation 1659 Census, Bureau of the. See Social and Economic Statistics Administration. Centennial Safe, congressional acceptance 2424 Center for Cultural and Technical Interchange Between East and West, appropriation for 208, 1191 Center for Disease Control, appropriation for 1638 Central Intelligence Agency, intelligence activities, limitation on funds for 1804 Channel Islands National Monument, Calif., development ceiling increase; donation of land to 1446, 1447 Chattooga River, N.C.-S.C.-Ga., component of national wild and scenic rivers system, designation 122 Cheese, filled, repeal of regulatory taxes 1466 Cheyenne-Arapaho Tribes, Okla., lands held in trust for 1915 Child Abuse and Neglect, Advisory Board on, establishment 7 Child Abuse and Neglect, National Center on, establishment 5 Child Abuse Prevention Act, 1973, printing of additional copies of hearings on 2398 Child Abuse Prevention and Treatment Act 4  Amendment, demonstration programs, definition of “State” 2310  Appropriation for effecting provisions 204, 1646 Child Day Care Services, standards for grants to States 2342 Child Development, Office of:  Advisory Board on Child Abuse and Neglect, member 7  Appropriation for 204 Child Health and Human Development, National Institute of:  Advisory Board on Child Abuse and Neglect, member 7  Appropriation for 1639  National Commission on Diabetes, member 374 Child Health Day, 1974, proclamation 2524 Child Nutrition Act Amendments of 1974, National School Lunch and 286 Child Nutrition Act of 1966:  Amendments—   Nonfood assistance program, increased authorization 287   Special milk program, reimbursement, minimum rate 341   Special supplemental food program, increased authorization 287  Appropriation for effecting provisions 195, 1827, 1841 Child Support Programs, assistance to States 2351C12 “Children: Nutritional Intervention Through Supplemental Feeding, To Save the”, printing of additional copies 2403 Chile, military assistance to, limitation 1802 China, People’s Republic of, exhibition of the archeological finds of, indemnification agreement 143 China, Republic of, Formosa Resolution, repeal 1439 Chippewa Cree Tribe of the Rocky Boy’s Reservation, Mont., mineral rights held in trust 142 Churches, retirement plans, election to participate 901, 926 Citizen Band of Pottawatomie Indians, Okla., lands held in trust for 1922 Citizenship Day and Constitution Week, 1974, proclamation 2503 Civil Aeronautics Board:  Appropriation for 212, 227, 778  High-speed ground transportation between major west coast cities, feasibility study, consultation 1532  International air transportation, discriminatory and unfair practices, review 2102  Property restricted from aircraft cabins, liability, regulations 418 Civil Defense Act of 1950, Federal, appropriation for effecting provisions 629 Civil Procedure, Federal Rules of, Amendments, congressional approval 1949 Civil Rights, Commission on:  Appropriation for 227, 1204  Women’s Educational Programs, Advisory Council on, member 555 Civil Rights, Office for, appropriation for 1647 Civil Rights Act of 1964:  Amendment, Equal Employment Opportunity Commission, report requirements, modification 1972  Appropriation for effecting provisions 1193, 1204, 1641, 1773 Civil Rights Act of 1968, appropriation for effecting provisions 1098 Civil Service Commission, United States:  Appropriation for 213, 227, 620, 1781  Head start and Follow Through programs, political activities, regulations 2310  Pay reductions, prevention 1743  Retirement—   Annuities, increases 93   Civil Service Retirement and Disability Fund, payments to by United States Postal Service 354   Surviving spouse annuity reduction, elimination 1438  Veterans readjustment appointments; disabled veterans, employment, regulatory authority 1593, 1594  Work injury compensation benefits, retention rights 1149 Claims: [Note: For action concerning Individuals, see Individual Index, following this Subject Index.]  ACTION, readjustment allowance to Peace Corps volunteers, waiver 191  Armed Forces members missing in action, reimbursement for memorial expenses 2361  Canal Zone Government, claims settlement, expansion of authority 1973  Defense, Department of—   Administrative settlement, increased limits 291   Appropriation for settlement 1218  Departments and agencies, appropriation for settlement 213, 1782  District of Columbia, settlement, appropriation for 199, 825  Firefighting on Federal property, reimbursement for costs 1543  General Accounting Office, time limit for filing with 1965  Indian Claims Commission—   Appropriation for 228, 819   Authorization of funds 1499  Indian Claims Commission Act, amendment, exclusion of food, rations, or provisions as payment of land claims 1499  Legislative branch employees, erroneous payment claims, waiver 393  Micronesian Claims Act of 1971, appropriation for settlement of claims 813  Military departments, administrative settlement, increased limits 291  Personal property losses incident to Federal service, limit on payments, increase 1381  United States-Hungarian Claims Agreement, determination of American national claims settled by 1386 Claims, United States Court of:  Appropriation for 216, 1201  Firefighting on Federal Property, reimbursement claims, jurisdiction 1543  Intervention on the High Seas Act, jurisdiction 10 Claims Settlement Commission, Foreign:  Appropriation for 228, 1205  Hungary, claims against by American nationals 1386 Clara Barton National Historic Site, Md., establishment 1461 Clean Air Act, Amendments:  Extension of program 265  Fuel burning stationary sources, implementation plan revisions 256  Motor vehicle emissions standards 258  New motor vehicles, fuel economy improvement standards, study 261  Stationary source fuel or emission limitation, temporary suspension 249 Clergy Week in the United States, International, proclamation 2439 Coal Conversion, effects on public health, study 259 Coal Mine Health and Safety Act of 1969, Federal, appropriation for effecting provisions 1636, 1638, 1645 Coal Mining Safety Equipment, amortization provisions, extension 2109 Coal Research, Office of:  Appropriation for 277  Transfer of functions to Energy Research and Development Administration 1237 Coast Guard, United States:  Active duty personnel strength, authorization 1182  Aids to navigation authority, expansion 139  Aircraft, vessels, facilities, etc., appropriation authorization 1180  Appropriation for 211, 224, 769  Auxiliary members, injury or death compensation 141C13  Boilers and pressure vessels, safety standards 423  Bridges over navigable waters, payment to owners for alterations 1182  Confidential investigative expenses 140  Dependents outside the United States, schooling 1182  Fishery management jurisdiction, enforcement study 1183  Fishing vessels, inspection and load line requirements, exemption 1182, 1183  Funds appropriated to, use 140  Icebreaking operations 1659  Intervention on the High Seas Act 8  Legislative jurisdiction, relinquishment 141  Lighthouse Service, former employees, eligibility for medical care 371  Military training, authorization 1182  Personnel and equipment, loan to Bureau of Sport Fisheries and Wildlife 124  Regular captains, retirement 140  Regular lieutenants, lieutenant commanders, and commanders; retirement for failure of promotion 140  Reserve components—   Aviation career incentive pay 179   Benefits 1920   Deceased members, presentation of flag for 176   Members engaged in schooling, enlistment 141   Selected Reserve, strength 402  Temporary appointments, pay reduction, elimination 140  Vessels, waste materials, net tonnage, regulations 1694 Coastal Zone Management, appropriation for 1198 Coastal Zone Management Act of 1972:  Amendments—   Coastal states, administrative grants 1974   Estuarine sanctuaries grants, extension of authorization 1974  Appropriation for effecting provisions 1198 Cocopah Tribe of Indians, Ariz., transfer of lands 269 Code, District of Columbia, new edition, appropriation for publication 433 Coin Week, National, 1974, proclamation 2474 Coinage:  American Revolution Bicentennial commemorative coins, continuation of minting authority 1739  Composition of one-cent piece 1261 Colleges. See Schools and Colleges. Colonial National Historical Park, Va., appropriation ceiling increase 1445 Colorado:  Arapaho National Forest, boundary extension 1878  Cumbres and Toltec Scenic Railroad Compact 1421  Fryingpan-Arkansas project, construction, etc., increased authorization 1497  National wild and scenic rivers system, certain river segments designated for possible inclusion in 2094, 2095  Rocky Mountain National Park, additional lands 1445, 1447  Weminuche Wilderness, designation 2155 Colorado River Basin Project, appropriation for 786 Colorado River Basin Project Act:  Amendment, Lower Colorado River Basin Development Fund, salinity control unit costs 273  Appropriation for effecting provisions 786 Colorado River Basin Salinity Control Act 266  Appropriation for effecting provisions 786 Colorado River Basin Salinity Control Advisory Council, establishment 272 Colorado River Storage Project Act, Amendment, Upper Colorado River Basin fund, salinity control unit costs 273 Columbia River Transmission System Act, Federal 1376 Columbus Day, 1974, proclamation 2499 Commerce, Department of:  Appropriation Act, 1975 1196  Appropriation for 209, 218, 279, 1196, 1778, 2108  Census, Bureau of the. See Social and Economic Statistics Administration.  Coastal Zone Management, appropriation for 1198  Coastal Zone Management Act of 1972—   Amendments—    Coastal States, administrative grants 1974    Estuarine sanctuaries grants, extension of authorization 1974   Appropriation for effecting provisions 1198  Deepwater ports, safety zones 2138  Domestic and International Business Administration, appropriation for 218, 1196  Domestic production, imports, and exports, uniform statistical data, study 2073  Economic Development Administration, appropriation for 1196, 1778, 2108  Exports—   Monitoring and reporting authority 1552   National security control, technical advisory committees for, member 1553   Uniform statistical data, study 2073, 2074  Federal Energy Administration actions, economic impact, monitor 111  Federal Fire Prevention and Control Act of 1974 1535   Appropriation for effecting provisions 1198  Fire Prevention and Control, National Academy for, establishment 1537  Fire Prevention and Control Administration, National—   Appropriation for 1198   Establishment 1536  Fire prevention and control programs, grant recipients, audit 1548  Fire Research Center, establishment 1546  Fishery management jurisdiction, enforcement study, cooperation 1183  Foreign Direct Investment Regulation, appropriation for 218  Foreign Investment Study Act of 1974 1450  General provisions, Appropriation Act 1200, 1208C14   Competition—    Adjustment assistance program study, cooperation 2040    Community adjustment assistance 2035   Increases, firms adversely affected by, assistance 2030   National security investigation, cooperation 1993   Uniform statistical data, study 2073, 2074  Job opportunities program 1853  Lowell Historic Canal District Commission, ex officio member 2330  Maritime Administration—   Appropriation for 209, 218, 1199   General provisions, Appropriation Act 1199, 1208   Merchant Marine Academy, appropriation for 1199   Vessels, exchange for conversion and operation in unsubsidized service between west coast and Guam, contract amendment 232  Maritime programs, authorization of funds 234  Merchant Marine Act, 1936—   Amendment, National Defense Reserve Fleet, vessel exchange 1965   Appropriation for effecting provisions 1199  Minority Business Enterprise, appropriation for 218, 1197  National Bureau of Standards—   Appropriation for 1198   Energy-related inventions, evaluation 1894   Solar heating and cooling systems, cooperation 1071, 1072, 1074, 1075, 1078  National Fire Prevention and Control Administration—   Appropriation for 1198   Establishment 1536  National Oceanic and Atmospheric Administration—   Appropriation for 209, 218, 279, 1197   Deepwater ports, potential locations, evaluation regulations, consultation 2131   Reporting requirements, elimination of certain 1967  National Technical Information Service, appropriation for 1198  Offshore Shrimp Fisheries Act of 1973, appropriation for effecting provisions 209  Patent Office. See separate title.  Pension Benefit Guaranty Corporation, member 1005  Poverty data, school-age children to be counted, study 600  Pribilof Islands, appropriation for administration of 209, 218, 1198  Product sectors of manufacturing, establishment 1984  Public safety awards, selection of individuals for 1544  Regional action planning commissions, appropriation for 209, 1196, 1779  Reporting requirements, elimination of certain 1967  Social and Economic Statistics Administration—   Appropriation for 218, 1196, 1643   Census, Bureau of the—    Education Statistics, Advisory Council on, member 556    Records maintained on individuals, disclosure to 1897  SS Independence, sale to foreign registry 288  Telecommunications, Office of, appropriation for 1198  Trade agreements—   Advisory committees for, assistance 1998   Cooperation 1995  Trade Impacted Area Council for Adjustment Assistance, establishment 2036  Trade monitoring system 2040  United States Travel Service, appropriation for 218, 1197  Weather modification reporting, extension 1212 Commissary Store Facilities, surcharge 1765 Commission of Fine Arts, appropriation for 227, 818 Commission on Bankruptcy Laws of the United States, report of, printing of additional copies 2398 Commission on Civil Rights:  Appropriation for 227, 1204  Women’s Educational Programs, Advisory Council on, member 555 Commission on Federal Paperwork, establishment 1789 Commission on Revision of the Federal Court Appellate System:  Additional funds 1153  Appropriation for 1779  Report to President, Congress, and Chief Justice, time extension 1153 Commission on the Organization of the Government for the Conduct of Foreign Policy, appropriation for 1204 Commission on the Review of the National Policy Toward Gambling, appropriation for 621 Commissions, Committees, Councils, Etc., Establishment:  Actuaries, Joint Board for the Enrollment of 1002  Adjustment Assistance Coordinating Committee 2040  Adult education clearinghouse 577  Alcohol, Drug Abuse, and Mental Health, National Panel on 134  Alcohol, Drug Abuse, and Mental Health Administration 134  Alcohol Abuse and Alcoholism, Interagency Committee on Federal Activities for 133  American Indian Policy Review Commission 1910  Arthritis and Related Musculoskeletal Diseases, National Commission on 2218  Arthritis Coordinating Committee 2221  Arthritis Screening and Detection Data Bank 2222  Bilingual Education, National Advisory Council on 510  Bilingual Education, Office of 509  Biomedical and Behavioral Research, National Advisory Council for the Protection of Subjects of 351  Biomedical and Behavioral Research, National Commission for the Protection of Human Subjects of 348  Boston National Historical Park Advisory Commission 1185C15  Building Sciences, National Institute of 730  Canaveral National Seashore Advisory Commission 2124  Career Education, National Advisory Council for 552  Career Education, Office of 551  Cascade Head Scenic-Research Area, Oreg., advisory council for 1733  Child Abuse and Neglect, Advisory Board on 7  Child Abuse and Neglect, National Center on 5  Colorado River Basin Salinity Control Advisory Council 272  Commodity Futures Trading Commission 1389  Community Education Advisory Council 550  Community Services, Intergovernmental Advisory Council on 2297  Community Services Administration 2310  Congressional Budget Office 302  Consumers’ Education, Office of 553  Copyrighted Works, National Commission on New Technological Uses of 1873  Cuyahoga Valley National Recreation Area Advisory Commission 1788  Deepwater Port Liability Fund 2143  Diabetes, National Commission on 374  Diabetes Mellitus Coordinating Committee 377  District of Columbia—   Board of Equalization and Review 1055   Legal Services Corporation 379   Police and Firemen’s Retirement and Relief Board 1041  District of Columbia Board of Elections and Ethics Nominating Committee 456  District of Columbia Law Revision Commission 480  Drinking Water Advisory Council, National 1688  East-West Foreign Trade Board 2065  Education Statistics, Advisory Council on 556  Education Statistics, National Center for 556  Egg Board 1174  Electronic Fund Transfers, National Commission on 1508  Employee Plans and Exempt Organizations, Office of 951  Employee Welfare and Pension Benefit Plans, Advisory Council on 895  Energy Research and Development Administration 1234  Energy Resources Council 1241  Federal Election Commission 1280  Federal Energy Administration 97  Federal Officials, National Study Commission on Records and Documents of 1699  Federal Paperwork, Commission on 1789  Federal Procurement Policy, Office of 797  Fire Data Center, National 1541  Fire Prevention and Control, National Academy for 1537  Fire Prevention and Control Administration, National 1536  Fire Research Center 1546  Fire Training and Education, Committee on 1539  Geothermal Energy Coordination and Page Management Project 1080  Health Planning and Development, National Council on 2228  Health Services Research, National Center for 363  Health Statistics, National Center for 365  Indian Loan Guaranty and Insurance Fund 82  Indian Revolving Loan Fund 78  Juvenile Justice, Advisory Committee to the Administrator on Standards for the Administration of 1118  Juvenile Justice and Delinquency Prevention, Advisory Committee for the National Institute for 1118  Juvenile Justice and Delinquency Prevention, Coordinating Council on 1116  Juvenile Justice and Delinquency Prevention, National Advisory Committee for 1117  Juvenile Justice and Delinquency Prevention, National Institute for 1125  Juvenile Justice and Delinquency Prevention, Office of 1112  Libraries and Learning Resources, Office of 576  Lowell Historic Canal District Commission 2330  Mobile Home Advisory Council, National 702  National health planning information center 2254  National Planning and Advisory Council 1631  Navajo and Hopi Indian Relocation Commission 1716  Nuclear Material Safety and Safeguards, Office of 1245  Nuclear Reactor Regulation, Office of 1244  Nuclear Regulatory Commission 1242  Nuclear Regulatory Research, Office of 1246  Parent Locator Service 2353  Pension Benefit Guaranty Corporation 1004  Pension Benefit Guaranty Corporation, advisory committee 1005  Pension Task Force, Joint 999  People’s Counsel, Office of the, D.C 1975  President’s Biomedical Research Panel 361  Pretrial services agencies 2086  Privacy Protection Study Commission 1905  Private Grievances and Redress, Office of 112  Product sectors of manufacturing 1984  Productivity and Work Quality, National Commission on 236  Program Review and Evaluation, Office of 326  Shoreline Erosion Advisory Panel 27  Solar Energy Coordination and Management Project 1432  Solar Energy Information Data Bank 1435  Solar Energy Research Institute 1436  Solar Heating and Cooling Information Data Bank 1075  Special Representative for Trade Negotiations, Office of the, (new) 1999  Supplies and Shortages, National Commission on 1168  Trade Impacted Area Council for Adjustment Assistance 2036  Trade Negotiations, Advisory Committee for 1996  Transportation Safety Board, National 2167C16  University of the District of Columbia, Board of Trustees 1424  Vital and Health Statistics, United States National Committee on 366  Wage and Price Stability, Council on 750  White House Conference on Education, National Conference Committee to guide and plan 598  White House Conference on Library and Information Services, advisory committee of 1857  Women’s Educational Programs, Advisory Council on 555 Committee for Purchase from the Blind and Other Severely Handicapped:  Additional member 393  Appropriation authorization 393  Appropriation for 621  New name for the Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped 392 Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped. See Committee for Purchase from the Blind and Other Severely Handicapped. Commodity Credit Corporation, appropriation for 1830 Commodity Exchange Act:  Amendments—   Commodity Futures Trading Commission, establishment 1389   Daily trading records 1415   Market reports 1414   National futures associations, authority for creation 1406   Research and information programs 1415   Trading and exchange activities, regulation 1395  Appropriation for effecting provisions 1828, 2108 Commodity Exchange Authority:  Appropriation for 217, 1828, 2108  Transfer of personnel, property, etc. to Commodity Futures Trading Commission 1392 Commodity Exchange Commission, transfer of operations and proceedings to Commodity Futures Trading Commission 1414 Commodity Futures Trading Commission:  Commodity Exchange Authority, transfer of personnel, property, etc. to 1392  Establishment 1389  Gold and silver, transactions for delivery of, regulation 1405 Commodity Futures Trading Commission Act of 1974 1389  Appropriation for effecting provisions 2108 Communications Act of 1934:  Amendments—   Aliens, amateur radio operator licenses, issuance 1576   Candidates for public office, communications media expenditure limitations, repeal 1291   Common carriers—    Certain applications, notice to Secretary of Defense and Secretary of State 1577    Proceedings against, limitation period, extension 1577  Appropriation for effecting provisions 1641, 1649  Repeal of certain provision 1709 Communications Commission, Federal:  Aliens, amateur radio operator licenses, issuance 1576  Appropriation for 227, 1100  Certain common carrier applications, notice to Secretary of Defense and Secretary of State 1577  Communications common carriers, proceedings against, limitation period, extension 1577  National Commission on Electronic Fund Transfers, member 1508 Community Adjustment Assistance Fund, establishment 2040 Community Development Act of 1974, Housing and 633 Community Development Corporation, renamed New Community Development Corporation 725 Community Education Advisory Council, establishment 550 Community Mental Health Centers Act:  Appropriation for effecting provisions 1640  Repeal of certain provisions 137 Community Partnership Act of 1974, Headstart, Economic Opportunity, and 2291 Community Relations Service, appropriation for 1193 Community Schools Act 549 Community Services, Intergovernmental Advisory Council on, establishment 2297 Community Services Act of 1974 2292 Community Services Administration:  Community Services Act of 1974 2292  Economic development programs, reports to congressional committees 2294, 2306, 2321, 2328  Establishment 2310 Compacts, Interstate, Consent of Congress Granted to, Cumbres and Toltec Scenic Railroad Compact 1421 Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1974 125 Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970:  Advisory committees established by, termination, effective date 2275  Amendments—   Hospital admissions 130   Interagency Committee on Federal Activities for Alcohol Abuse and Alcoholism, establishment 133   National Institute on Alcohol Abuse and Alcoholism, departmental position of 135   Patient records, confidentiality 131   Prevention and treatment projects, grants and contracts 129   State formula grant program, extension 127   State plans, minority and poverty groups, representation 127   Uniform Alcoholism and Intoxication Treatment Act, grants for implementation 128C17  Appropriation for effecting provisions 1640 Comprehensive Employment and Training Act of 1973:  Amendments—   Emergency job programs 1845   Placement goals 1847  Appropriation for effecting provisions 202, 1635 Comprehensive Health Services Program 2298 Comptroller General:  Alcohol and drug abuse education projects, fund recipients, audit of records 1157  Bonneville Power Administration, financial transactions, audit 1380  Commission on Federal Paperwork, member 1790  Commodity Futures Trading Commission, review and audit 1392  Community development programs, grant recipients, audit 640  Conservation programs on certain public lands, Federal-State cooperative agreements, audit 1371  Energy Research and Development Administration, audit of activities 1251  Federal assistance programs, joint management fund recipients, audit 1607  Federal Energy Administration operations, evaluation 106  Federal programs, review and evaluation 326  Fire prevention and control programs, grant recipients, audit 1548  Fiscal, budgetary, and program-related data and information systems 327  Headstart programs, assistance recipients, audit 2305  Hoover Institution on War, Revolution, and Peace, Stanford University, Calif., records, accessibility 1919  Import competition, adjustment assistance programs, study 2040  Import increases, assistance to firms injured by, recipients, audit 2033  Indian self-determination and education programs, assistance recipients, audit 2204  Medical facilities, modernization and construction projects, assistance recipients, audit 2273  National Commission on Electronic Fund Transfers—   Books and records, audit 1510   Member 1508  National Institute of Corrections, grant recipients, audit 1141  National Railroad Passenger Corporation, audit 1531  Native American programs, assistance recipients, audit 2325  Nonappropriated fund activities, audit 1961  Nuclear Safety and Licensing Commission, audit of activities 1251  Office space 1962  Public water systems, grant recipients, audit 1687  Rail passenger terminal conversion or preservation programs, assistance recipients, audit 1530  Records maintained on individuals, disclosure to 1898  Report to by President of the United States, rescission and deferral of budget authority 335  State health planning and development agencies, audit 2245  Vending machines on Federal property, nonappropriated fund activities receiving income from, audit 1630  Vouchers, examination of 1959 Comptroller of the Currency, Office of the:  Banks, unfair or deceptive practices in or affecting commerce, enforcement of regulations 2196  National Commission on Electronic Fund Transfers, member 1508 Concurrent Resolutions:  Congress—   Adjournment 2398–2400, 2402, 2404, 2411, 2425   Adjournment, ruling 2406   Adjournment, sine die 2433   Centennial safe, acceptance 2424   Joint Economic Committee, study on inflation 2407   Joint session to receive Presidential communications 2397, 2410, 2422  Earl Warren, funeral services, catafalque for 2405  Enrolled bills, corrections—   Amtrak Improvement Act of 1974 (H.R. 15427) 2423   Deposit insurance, increase (H.R. 11221) 2423   District of Columbia, policemen, firemen, and teachers, pay increase (H.R. 15842) 2412   District of Columbia Campaign Finance Reform and Conflict of Interest Act (H.R. 15074) 2406   Education Amendments of 1974 (H.R. 69) 2409   Employee Retirement Income Security Act of 1974 (H.R. 2) 2412   Energy Reorganization Act of 1974 (H.R. 11510) 2423   Federal Energy Administration Act of 1974 (H.R. 11793) 2400   Federal Fire Prevention and Control Act of 1974 (S. 1769) 2422   Housing and Community Development Act of 1974 (8. 3066) 2410   Lowell Historic Canal District, Lowell, Mass. (H.R. 14689) 2432   Magnuson-Moss Warranty—Federal Trade Commission Improvement Act (S. 356) 2432   Military Construction Appropriation Act, 1975 (H.R. 17468) 2430   Public Works and Economic Development Act of 1965, amendment (H.R. 14883) 2421   Surface Mining Control and Reclamation Act of 1974 (S. 425) 2426   Trade Act of 1974 (H.R. 10710) 2433  First Continental Congress, two hundredth anniversary 2401  Gerald R. Ford, best wishes from Congress 2409  Herbert Hoover, one hundredth birthday anniversary celebration 2407  Honor America, June 14-July 4, 1974, celebration 2404  National Research Act, conference papers, signing of duplicates 2404C18  Publications, printing of additional copies—   Child Abuse Prevention Act, 1973, hearings on 2398   Commission on the Bankruptcy Laws of the United States, report of the 2398   “Confidence and Concern: Citizens View American Government—A Survey of Public Attitudes”, part I 2399   Constitution of the United States 2397   Constitution of the United States, pocket-size edition 2432   Constitution of the United States and Declaration of Independence 2432   “Controlling the Damage: United States Policy Options for Greece” 2405   Convention of American Instructors of the Deaf, proceedings 2398   “Disclosure of Corporate Ownership” 2398   First Continental Congress, two-hundredth anniversary ceremony 2431   “Foreign Policy Implications of the Energy Crisis”, hearings 2400   “How Our Laws Are Made” 2422   Impeachment inquiry, hearings and final report 2407   “Impeachment of Richard M. Nixon, President of the United States” 2431   J. Edgar Hoover, compilation of tributes 2399   “The Marihuana-Hashish Epidemic and Its Impact on United States Security”, hearings 2426   Nutrition and human needs, national policy, hearings and reports 2425   “Our American Government. What Is It? How Does It Work?” 2403   “Our Flag” 2403   Prayers by the Reverend Edward G. Latch 2431   Presidential election of 1972, illegal and unethical activities, hearings and report 2404   “Public Financing of Federal Elections”, hearings 2426   “The Recreation Imperative—The National Outdoor Recreation Plan” 2411   “State Postsecondary Education Commissions” 2405   Sullivan, Honorable Leonor K., unveiling of portrait, proceedings 2431   “Summary of Veterans Legislation Reported, Ninety-third Congress” 2402   “Surgeon General’s Report by the Scientific Advisory Committee on Television and Social Behavior”, hearings 2402   “To Save the Children: Nutritional Intervention Through Supplemental Feeding” 2403   Veterans’ Benefits Calculator 2400  Smokey Bear, return to Capitan, N. Mex. on his death 2421  United States Space Week, designation authorization 2406  Winter Olympic games, 1980, congressional cooperation and support 2410 “Confidence and Concern: Citizens View American Government—A Survey of Public Attitudes”, Part I, printing of additional copies 2399 Conflict-of-interest Statutes, applicability, etc 465, 559, 1390 Congress. See also House of Representatives; Legislative Branch of the Government; Senate.  Adjournment 2398– 2400, 2402, 2404, 2411, 2425  Adjournment, ruling 2406  Adjournment, sine die 2433  Bills providing new spending authority, process 317  Centennial safe, acceptance 2424  Congressional Budget and Impoundment Control Act of 1974 297  Congressional Budget Office, establishment 302  Congressional budget process; timetable 306  Congressional Record, sale and distribution 239  District office equipment, purchase by members leaving office 1388  Federal Rules of Criminal Procedure, proposed amendments to, additional time to consider 397  Franked mail 52  Interstate compacts. See under Interstate Compacts, Consent of Congress Granted to.  Joint Committees, Congressional. See separate title.  Joint session to receive Presidential communications 2397, 2410, 2422  Ninety-fourth, first session, convention date 1770  Nuclear cooperation, prior approval of international agreements for 1460  Records maintained on individuals, disclosure to 1898  Trade agreements, procedures; delegates to negotiations 2001, 2008 Congress, Reports to:  Administrative Conference of the United States, unfair or deceptive practices in or affecting commerce, rulemaking procedures, study 2198  Agriculture, Department of—   National Forest System, Renewable Resource Program, annual evaluation 478   Youth Conservation Corps program 1068  Architectural and Transportation Barriers Compliance Board, handicapped persons, transportation and housing needs, time extension 1622  Arthritis, Metabolism, and Digestive Diseases, National Institute of, Arthritis Plan, proposed activities and evaluation 2224  Arthritis and Related Musculoskeletal Diseases, National Commission on, Arthritis Plan 2221  Atomic Energy, Joint Committee on—   Distribution of special nuclear materials, recommendations 474   Nuclear information 1611  Atomic Energy Commission, distribution of special nuclear materials 474  Attorney General, oil spill liability, uniform law, study 2145  Chief Justice, Federal Rules of Evidence, amendments 1948C19  Child Abuse and Neglect, Advisory Board on, programs assisted under 8  Civil Aeronautics Board, international air transportation, discrimination and unfair practices, elimination program 2103  Civil Service Commission, veterans, employment within the Federal Government, annual 1594  Commerce, Department of—   Economic development and adjustment assistance, annual 1165   Federal Energy Administration actions, economic impact 111   Fire prevention and control 1542, 1545   Foreign investment study 1453   High technology exports, license applications 1554   Petrochemical industry, effects of energy shortages and prices on 113  Commodity Futures Trading Commission—   Insurance legislation 1415   National futures associations 1411   Operation 1392   Research and information programs, plans 1415  Community Services, Intergovernmental Advisory Council on, annual 2297  Comptroller General—   Bonneville Power Administration, financial transactions, audit 1380   Federal Energy Administration programs 106   Import competition, adjustment assistance programs, study 2040   Legal Services Corporation, audit 387   National Commission on Electronic Fund Transfers, audit 1510   Nuclear Safety and Licensing Commission, audit and evaluation of activities 1251  Comptroller of the Currency, Office of the, banks, unfair or deceptive practices in or affecting commerce, activities concerning 2197  Congressional Budget Office, budget, time of submittal, study 321  Copyrighted Works, National Commission on New Technological Uses of, activities and recommendations 1875  Cost of Living Council, petrochemical industry, effects of energy shortages and prices on 113  Defense, Department of—   Aviation career incentive pay, recipients 179   Civilian personnel strength, reduction 404   Export controls 408   Funds, use, transfer, etc 1226–1228, 1231   Military projects 1760   NATO, standardization of equipment 402   Nuclear powered naval vessels, construction, annual 409   Strategic airlift crew ratios, study 403   United States forces in Europe, combat proportion improvement 401  Diabetes, National Commission on, final report 376  District of Columbia Law Revision Council, annual 483  East-West Foreign Trade Board 2066  Education programs 508, 509, 511, 551–553, 555, 557, 598, 600–603, 608  Energy Research and Development Administration—   Federal Nonnuclear Energy Research and Development Act of 1974, activities under 1881, 1894   Helium, potential energy applications of, Federal program management 1238  Engineers, Corps of—   Great Lakes and Saint Lawrence Seaway, report on navigation season extension, time extension 32   Water resources development projects 16, 20–23, 26, 28, 32, 34, 37, 38, 47  Environmental Protection Agency—   Drinking water, cost of carrying out regulations; chemical contamination; waste disposal, studies 1683   Fuel shortages and allocation programs; emission reduction programs; implementation 255, 261  Environmental Quality, Council on, energy research and development, conduct 1892  Export-Import Bank of the United States—   Annual report on operations 2336   Fossil fuels in the Union of Soviet Socialist Republics, loans for research and exploration of 2335  Federal Aviation Administration, passenger screening, effectiveness 415  Federal Deposit Insurance Corporation, banks, unfair or deceptive practices in or affecting commerce, activities concerning 2197  Federal Election Commission—   Budget estimates; activities 1283   Campaign expenses and payments 1301   Proposed rules and regulations, statement 1287, 1303  Federal Energy Administration—   Energy conservation study 260   Federal Energy Administration Act of 1974 98, 109, 111–115  Federal Paperwork, Commission on, findings and recommendations 1790  Federal Reserve System, banks, unfair or deceptive practices in or affecting commerce, activities concerning 2197  Federal Savings and Loan Insurance Corporation, savings and loan associations, mutual to stock conversions, authority 1505  Federal Trade Commission, unfair or deceptive practices in or affecting commerce, rulemaking procedures, study 2198  General Services Administration—   Presidential tape recordings and other historic materials, public access 1696   Transportation payments, transfer of audit functions 1961  Geothermal Energy Coordination and Management Project—   Activities 1088   Geothermal resources development, program definition 1082  Great South Bay, N.Y., flood control survey 33C20  Harry S Truman Scholarship Foundation, operations 2280  Health, Education, and Welfare, Department of—   Aging, research program 186   Alcohol abuse and alcoholism, Federal programs 136   Blind vendors, nationally administered retirement, pension, and health insurance system, study 1630   Child support and establishment of paternity, activities 2352   Community development corporations, Federal programs available to 2322   Diabetes research and training centers, activities, evaluation 377   Handicapped children, status in Headstart programs 2301   Health care—    Costs and financing, resources, and health of the Nation’s people 368    Rate regulation 2250   Runaway youth—    Houses for, status and accomplishments, annual 1131    Survey 1132   State social services programs, assistance 2348, 2350   Supplemental security income benefits, reimbursements to States for interim assistance, assessment 421   White House Conference on Handicapped Individuals 1633  Hoover Institution on War, Revolution and Peace, Stanford University, Calif., expenditure of funds 1919  Housing and Urban Development, Department of—   Community development programs 646, 651   Condominium and cooperative study 740   Experimental housing allowance 726   Lower income housing and State housing finance and development programs, direct financing, feasibility study 740   Mortgage coinsurance 680   Real estate settlement, necessity for further action; special information booklets 1730   Solar energy, use for heating and cooling homes, demonstration 738   Solar heating and cooling programs 1073, 1074, 1076   Urban homesteading program, annual 735  Intergovernmental Relations, Advisory Commission on, deposit insurance coverage for public fund accounts, impact study 1502  Interior, Department of the—   Colorado River salinity control program 274   Grand Canyon National Park, Ariz., deletion of certain lands within, study 2090   Indians, school construction program for 2215   Ohio and Erie Canal, Ohio, preservation study 1448   Salinity control units, planning reports 272   San Juan National Historic Site, Puerto Rico, damage studies 1447   Youth Conservation Corps program 1068  International Trade Commission, United States—   East-West Trade Statistics Monitoring System, data 2065   Imports, exports, and production, statistical enumeration, study 2074   Trade agreement program 2009  Joint Economic Committee, study on inflation 2408  Juvenile Justice, Advisory Committee on Standards for, recommendations 1128  Labor, Department of—   Employee benefit plans, administration 897   Employment opportunities, curtailment of certain, prevention, study 74   Fair labor standards exemptions, economic effects, study 74   Federal employees, compensation for work injuries, study 1150   Federal Energy Administration actions, economic impact 111   Federal procurement, construction, and research grants, employee protection under, study 1000  Law Enforcement Assistance Administration, juvenile delinquency programs 1114, 1127  Legal Services Corporation, annual 386  Lowell Historic Canal District Commission, plan 2332  Management and Budget, Office of—   Commission on Federal Paperwork recommendations, status of action taken 1790   Fiscal year 1973 retroactive pay costs, appropriations 231  Military departments, recyclable material, sale proceeds, use 1766  Modification or discontinuation of certain 1967  National Academy of Sciences, drinking water, maximum contaminant levels, study 1664  National Academy of Sciences-National Academy of Engineering, Washington metropolitan area, water resource needs, scientific basis for study conclusions 37  National Aeronautics and Space Administration, solar heating and cooling systems, comprehensive plan 1073  National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, activities 351  National Commission on Electronic Fund Transfers, findings and recommendations 1509  National Commission on Productivity and Work Quality, activities 237  National Commission on Supplies and Shortages, recommendations 1169  National Institute of Corrections, annual 1141  National Park Service, Sequoia National Park, Calif., hydroelectric project in, impact 1660C21  National Planning and Advisory Council, White House Conference on Handicapped Individuals 1633  National Study Commission on Records and Documents of Federal Officials, findings and recommendations 1701  National Transportation Safety Board, accidents; budget estimates 2160–2171  Navajo and Hopi Indian Relocation Commission, relocation of households, members, and personal property 1717  Nuclear Materials Safety and Safeguards, Office of, need for establishing security agency 1245  Nuclear Regulatory Commission—   Abnormal occurrences 1248   Nuclear center site survey 1247  Office of Management and Budget, budget, time of submittal, study 321  Overseas Private Investment Corporation, transfer of functions, possibility of, analysis 768  Pension Benefit Guaranty Corporation, activities 1014  President of the United States—   Africa, economic assistance to 1816   Budget authority, rescission and deferral 333–335   Budget estimates and proposed legislation for transition to new fiscal year 321   Budget information 323, 325   Cherry Creek exclusion, Calif., review of suitability for preservation as a wilderness and addition to Hoover Wilderness 2155   Conventional arms trade 1818   Deepwater ports, negotiations with Canada and Mexico 2147   Disaster preparedness and assistance programs, review 152   Economic Report, Joint Economic Committee’s filing date, extension 49   Energy functions of the Federal Government, recommendations for organization of 1242   Energy research and development, acquisition of essential materials, proposed rule or order 1892   Exports to controlled countries, recommendation modification 1556   Federal Energy Administration, recommendations 108   Federal juvenile delinquency programs 1114   Foreign assistance, agricultural credit and self-help community development programs 1797   Import relief 2015   Indochina, cessation of hostilities in and reduction of military assistance to, progress 1806   International Atomic Energy Agency, technical assistance 1798   International drug control 2073   Joint Funding Simplification Act of 1974, actions under 1608   Laos, funds for use in, for, or on behalf of 1811   Military assistance program, plan for reduction and elimination 1800   National security 1993   Nuclear incidents involving U.S. warships, certification of claims and judgments 1611   Nuclear materials and technology, review of exports and safeguards 1557   Portuguese African territories, independence of, U.S. actions 1817   South Vietnam, funds for use in, for, or on behalf of 1809   Trade agreements 1983, 1984, 1987, 1992, 2008, 2009, 2057, 2065, 2071   Union of Soviet Socialist Republics, export loans, limitation determination 2336   Water and related resources projects, study and recommendations 34   Wild and scenic rivers, designations, recommendations and proposals 122   World Food Conference resolutions, implementation 1819  President’s Biomedical Research Panel 361  Privacy Protection Study Commission, budget requests, and legislative recommendations, and activities 1906, 1909  Records maintained on individuals, new systems 1904  Small Business Administration, surety bond program, study 749  Solar Energy Coordination and Management Project, activities and comprehensive program definition 1437  Sports Fisheries and Wildlife, Bureau of, detailed personnel, cost 124  State, Department of—   Indochina, cessation of hostilities in and reduction of military assistance to, progress 1806   Northwest Atlantic fisheries, advisory committee for, travel and per diem expenses 293   Portuguese African territories, independence of, U.S. actions 1817  Tariff Commission, United States, petrochemical industry, effects of energy shortages and prices on 113  Trade monitoring system 2041  Trade Negotiations, Advisory Committee for, trade agreements 1997  Transportation, Department of—   Conversion to year-round daylight saving time, final report, time extension 1209   Emergency Mass Transportion Assistance Plan 260   Fare-free mass transportation systems, study 1575   High-speed ground transportation between major west coast cities, feasibility study 1532   Motor vehicle safety standards, annual, date change 1484   Pipeline safety and operation 2146   Rail services, integration with other modes of transportation, study 1534   Railroad safety 2164  Treasury, Department of the—   Adjustment Assistance Trust Fund, operation and status 2027   Counterveiling duties, determination 2051   Foreign investment study 1453   Lower income housing and State housing finance and development C22 programs, direct financing, feasibility study 740  United States Courts, Administrative Office of the—   Disposition of criminal cases, district plans; time limit, suspension 2083, 2085   Pretrial services agencies 2088  University of the District of Columbia, Board of Trustees, higher education, programs and expenditures 1430  Veterans Administration—   Aged veterans and widows, needs and problems 1705   Tuition assistance allowance program, study on abuses 1581 Congressional Budget Act of 1974 297  Appropriation for effecting provisions 1776 Congressional Budget and Impoundment Control Act of 1974 297 Congressional Budget Office:  Budget, submittal to Congress, study 321  Congressional budget actions, periodic reports 314  Establishment 302  Fiscal, budgetary, and program-related data and information systems 329  Joint Committee on Reduction of Federal Expenditures, transfer of functions from 304 Congressional Record, sale and distribution 239 Congressional Research Service, appropriation for 439 Connecticut, Shepaug River, designation for possible inclusion in the national wild and scenic rivers system 2095 Conservation:  Agricultural Stabilization and Conservation Service, appropriation for 1828, 1838  Anadromous Fish Conservation Act—   Amendments—    Extension 398    Sea lamprey control 398    State cooperative agreements, Federal share increase 398  Appropriation for effecting provisions 805  Emergency Energy Conservation Services Program 2294  Forestry incentives program, appropriation for 1839  Migratory birds and their environment, protection 190  Military installations, recycling programs at 1766  Military reservations, expansion and extension of programs on 1369  Public lands, cooperative Federal-State programs 1369  Shoreline Erosion Advisory Panel, establishment 27  Soil Conservation Service, appropriation for 195, 1836  Youth conservation projects, grants to States 1067 Conservation, Office of Energy, transfer of functions to Federal Energy Administration 100 Conservation Act, Emergency Highway Energy:  Amendment, carpool demonstration program applications, extension 2289  Repeal of certain provision 2286 Conservation Act of 1973, Emergency Daylight Saving Time Energy, Amendment, exemption; final report, time extension 1209 Conservation and Domestic Allotment Act, Soil, appropriation for effecting provisions 1829, 1838 Conservation Fund Act of 1965, Land and Water:  Amendment, Federal recreation areas, use fees 192  Appropriation for effecting provisions 621, 805 Consolidated Farm and Rural Development Act, appropriation for effecting provisions 18341831– Consolidated Farmers Home Administration Act of 1961, public facility and housing assistance, applications in areas affected by major disasters, priority 151 Consolidated Rail Corporation, Northeast Corridor project completion, cooperation 1527 Constitution of the United States:  Annotated, appropriation for revision 441  Pocket-size edition, printing of additional copies 2432  Printing as a House document 2397 Constitution of the United States and Declaration of Independence, printing of additional copies 2432 Constitution Week and Citizenship Day, 1974, proclamation 2503 Consumer Affairs, Office of, appropriation for 1840 Consumer Credit Protection Act, Amendment, equal credit opportunity 1521 Consumer Home Mortgage Assistance Act of 1974 714 Consumer Information Act, Egg Research and 1171 Consumer Information Center, appropriation for 1840 Consumer Product Safety Commission:  Appropriation for 1840  Federal mobile home construction and safety standards, cooperation 701  Fire safety standards for consumer products, assistance 1549 Consumer Protection Act of 1973, Agriculture and:  Amendment, domestic food assistance programs, purchase of agricultural commodities for, extension 340  Appropriation for effecting provisions 1829 Consumer Protection Appropriation Act, 1975, Agriculture-Environmental and 1822 Consumers’ Education, Office of, establishment 553 Continuing Appropriations, 1975 281, 1363, 1867 Contracts with the United States:  Aberdeen, Wash., storage space contracts, repayment terms 25  Alcohol and drug abuse, research programs; training grants 1155  Child abuse and neglect, prevention and treatment programs and projects, grants 5  Colorado River Basin salinity control programs 270, 275  Community Development Programs, grants 637  District of Columbia Law Revision Commission, research or surveys 482C23  Economic development programs, research grants 2293, 2305, 2307, 2324  Education programs, training grants, etc 508, 511, 544, 547, 549, 550, 554, 556, 584, 586, 588, 594, 595, 605, 608  Eggs and egg products, advertising, research, marketing, and development projects 1175  Fare-free mass transportation, feasibility demonstration projects 1574  Federal procurement, construction, and research contracts and grants, employee protection under, study 1000  Fire prevention and control, research, etc., grants 1540, 1541  Geothermal energy production loans, payment of interest 1087  Harry S Truman Scholarship Foundation 2280  Health systems planning and development projects 2237  High-speed ground transportation between major west coast cities, study 1532  Indians—   Bureau of Indian Affairs programs, grants to tribal organizations 2206, 2207   Health service programs and services, grants to tribal organizations 2206, 2207   School construction for 2214  Joint Funding Simplification Act of 1974 1604  Juvenile justice and delinquency prevention programs, grants 1115,1122  Low-income housing projects, annual contributions 657, 662  Military bands, recordings for American Revolution Bicentennial, production and sale 1868  Mobile homes and records, inspection 707  Multifamily mortgage assistance projects, monitoring and supervision 674  National Institute of Building Sciences, programs 733  Satellite services 243  Solar heating and cooling systems, grants 1071, 1072  Special housing needs, research and demonstration grants 738  State housing finance and development agencies, grants 722  Sudden infant death syndrome, grants for research and counseling 90, 91  Timber sales, contracts in major disaster areas 158  Trade negotiations 2000  Youth Conservation Corps projects 1067 Controlled Substances Act, Amendments:  Extension 1455  “No-knock” search warrant provision, repeal 1445  Parole eligibility of narcotics offenders convicted under former statutes 1455  Practitioners, narcotic drug dispensation, annual registration 124 “Controlling the Damage: United States Policy Options for Greece”, printing of copies 2405 Convention of American Instructors of the Deaf, printing of proceedings 2398 “Cooley Trade” Laws, repeal 1387 Cooperative Research Act:  Amendment, title renamed Special Projects Act 544  Appropriation for effecting provisions 1642 Cooperative State Research Service, appropriation for 217, 1825 Coordinating Council on Juvenile Justice and Delinquency Prevention, establishment 1116 Copper, duty suspension, extension 1534 Copyright Office, appropriation for 207, 439 Copyrighted Works, National Commission on New Technological Uses of, establishment 1873 Copyrights, sound recordings 1873 Corporation for Public Broadcasting, appropriation for 1649 Corporations:  American Hospital of Paris, Incorporated, board of governors, membership 85  American Legion, membership, eligibility for 1792  Appropriation for 1106  Commodity Credit Corporation, appropriation for 1830  Community Development Corporation, renamed New Community Development Corporation 725  Consolidated Rail Corporation, Northeast Corridor project completion, cooperation 1527  “Disclosure of Corporate Ownership”, printing as Senate document 2398  Federal Crop Insurance Corporation, appropriation for 1830  Federal Deposit Insurance Corporation. See separate title.  Government Corporation Control Act—   Amendments—    Audit, frequency 1962    Pension Benefit Guaranty Corporation, a Government entity 1005   Appropriation for effecting provisions 1641, 1830  Legal Services Corporation Act of 1974 378  Little League Baseball, Incorporated, girls, equal participation 1744  Model Community Economic Development Finance Corporation, plan for establishment 2320  National Railroad Passenger Corporation. See separate title.  National Railway Historical Society, Incorporated, Hawaii Chapter, surplus property donations 1742  Overseas Private Investment Corporation, extension of authority 763–768  Pennsylvania Avenue Development Corporation, appropriation for 822  Pension Benefit Guaranty Corporation—   Advisory committee, establishment 1005   Employee benefit plans, reports to 840   Establishment 1004  Political funds, contributions to 1272  Saint Lawrence Seaway Development Corporation—   Administrator, term 1977   Appropriation for 225, 777 Corps of Engineers. See Engineers, Corps of. Corrections, National Institute of, establishment 1139C24 Cosmetic Act, Federal Food, Drug, and, Amendment, bottled drinking water standards 1694 Cost-Accounting Standards Board, appropriation for 443 Cost of Living Council:  Cost of energy, proposed rules and regulations, notification 100  Energy Division, transfer of functions to Federal Energy Administration 100 Council of Economic Advisers:  Appropriation for 216, 617  National Commission on Productivity and Work Quality, cooperation 237 Council on Environmental Quality:  Appropriation for 1834  New motor vehicles, fuel economy study, cooperation 262  Nonnuclear energy technologies, environmental evaluation 1892  Oil spills, uniform law for liability, study 2145  Report to by Nuclear Regulatory Commission, nuclear center site survey 1247  Transportation regulations study, cooperation 257 Council on International Economic Policy, appropriation for 216, 617 Council on Wage and Price Stability:  Appropriation for 1781  Establishment 750 Council on Wage and Price Stability Act 750  Amendment, report to President for transmittal to Congress, quarterly 1367  Appropriation for effecting provisions 1781 Country Music Month, October 1974, proclamation 2529 Court of Military Appeals, appropriation for 1218 Courts, United States:  Administrative Office—   Appropriation for 1202   Pretrial services agencies, establishment 2086  Antitrust Procedures and Penalties Act 1706  Appeals, Courts of—   Appropriation for 209, 216, 1201   Commodity Futures Trading Commission, review of orders 1394   Deepwater Port Act of 1974, decisions under, judicial review 2141   Education programs, State application disapproval, judicial review 570   Interstate Commerce Commission decisions, judicial review 1917   Medical facilities, modernization and construction projects, judicial review 2269   Mobile home construction and safety standards, judicial review of orders 702   National Transportation Safety Board, judicial review of orders 2171   Presidential Primary Matching Payment Account Act, judicial review 1302   Trade-related unemployment, worker assistance determinations, judicial review 2029  Appellate System, Commission on Revision of the Federal Court—   Additional funds 1153   Appropriation for 1779   Report to President, Congress, and Chief Justice, time extension 1153  Claims, United States Court of—   Appropriation for 216, 1201   Firefighting on Federal property, reimbursement claims, jurisdiction 1543   Intervention on the High Seas Act, jurisdiction 10  Customs and Patent Appeals, Court of—   Appropriation for 1201   Unfair import practices, determinations, judicial review 2054  Customs Court, appropriation for 216, 1201  District Courts—   Appropriation for 209, 216, 1201   Busing orders, postponement of effectiveness 519   Canal Zone, transfer of marriage license authority to Canal Zone Government 1417, 1419   Child support obligations, civil actions to enforce, jurisdiction 2358   Community development programs, noncompliance, civil action 650   Consumer product warranties, jurisdiction 2190   Consumers, unfair or deceptive practices to, knowing violations of rules prohibiting, civil action 2200   Criminal cases, speedy disposition of, plans 2081   Criminal justice, administration of, continuing study 2081   Deepwater Port Act of 1974, violation, civil action for relief 2140   Delinquency proceedings in 1134   District of Columbia—    Noxious weeds, owners of destroyed property, civil action 2150    Property taxes, class action suits, procedure 1057   Drinking water regulations—    Enforcement 1667    Exemptions or variances, jurisdiction 1689   Egg Research and Consumer Information Act, jurisdiction 1177   Employee benefit plans, jurisdiction 892   Energy information reporting, compliance order 263   Equal educational opportunity, civil action for relief; jurisdiction 516   Farm labor contractor registration penalties, review 1657   Federal agency records, examination of those withheld 1562   Federal Election Campaign Act of 1971, constitutionality, judicial review 1285   Federal employment, age discrimination, civil action for legal or equitable relief 75   Federal Energy Administration Act of 1974, jurisdiction 103   Hazardous Materials Transportation Act, enforcement, jurisdiction 2159   Import increases, assistance to firms injured by, jurisdiction 2034   Motor vehicle safety orders, enforcement 1474   National Mobile Home Construction and Safety Standards Act of 1974, jurisdiction 705   Pension Benefit Guaranty Corporation, actions, jurisdiction 1007C25   Public water systems, chemical treatment orders, enforcement 1682   Railroad safety orders, enforcement, jurisdiction 2166   Real Estate Settlement Procedures Act of 1974, jurisdiction 1731   Records maintained on individuals by Federal agencies, jurisdiction 1901  District of Columbia. See Courts under District of Columbia.  Federal Judicial Center—   Appropriation for 216, 1203   Disposition of criminal cases, advice to planning groups and district courts 2084  Federal Rules of Civil Procedure, congressional approval of amendments 1949  Federal Rules of Criminal Procedure—   Amendments, congressional approval 1949   Proposed amendments to, congressional approval, time extension 397  Federal Rules of Evidence 1926  Judicial disqualification 1609  Pretrial services agencies, establishment 2086  Speedy Trial Act of 1974 2076  Supreme Court of the United States—   Appropriation for 215, 1200, 1779   Chief Justice, National Study Commission on Records and Documents of Federal Officials, appointment of member 1700   Federal Rules of Civil Procedure, amendments, congressional approval 1949   Federal Rules of Criminal Procedure, amendments, congressional approval 1949   Federal Rules of Evidence, amendatory authority 1948   Former Chief Justice Earl Warren, oil portrait and marble bust, procurement 1362  Tax Court of the United States—   Appropriation for 215, 629   Retirement plans, qualifications, declaratory judgments 949  United States Magistrates, appropriation for 1202 Credit Billing Act, Fair 1511 Credit Opportunity Act, Equal 1521 Credit Union Act, Federal. See Federal Credit Union Act. Credit Union Administration, National, National Commission on Electronic Fund Transfers, member 1508 Crime Control and Safe Streets Act of 1968, Omnibus:  Amendments—   Conforming amendments 1142   National Commission for the Review of Federal and State Laws on Wiretapping and Electronic Surveillance, extension; closed meetings 1972  Appropriation for effecting provisions 1194 Crimes and Misdemeanors:  Agricultural commodities, perishable, monetary penalty for violation of marketing practices 423  Air transportation, granting or receiving rebates, penalty 2106  Aircraft, carrying weapons and explosives aboard, penalties 417  Alcoholic patients, confidentiality of records, penalty for violation 132  Antihijacking Act of 1974 409  Antitrust violations, increased penalties 1708  Attorneys representing District of Columbia indigents in criminal cases, dual compensation, penalty 1092  Canal Zone, marriage license requirements, penalties for violations 1419  Child labor regulations, penalty for violation 72  Coal conversion and allocation; energy information requirements, penalties for violation 265  Commodity Exchange Act, penalties for violations 1403, 1404, 1412  Community development programs, penalty for violation 2314  Consumers, unfair or deceptive practices to, knowing violations of rules prohibiting, penalties 2200  Credit billing error correction and credit report regulation, noncompliance, penalty 1513  Credit cards, fradulent use, penalty 1520  Deepwater Port Act of 1974, penalties for violation 2140–2142  Disaster Relief Act of 1974, penalty for violation 152  District of Columbia Campaign Finance Reform and Conflict of Interest Act, penalties for violation 464, 470  District of Columbia Real Property Tax Revision Act of 1974, penalties for violations under 1057, 1065  Drinking water regulations, penalties for violation 1667, 1668, 1678–1680, 1682, 1687  Drug abuse patients, confidentiality of records, penalty for violation 138  Egg Research and Consumer Information Act, penalty for violation 1174, 1177  Employee Retirement Income Security Act of 1974, penalties for violations under 866, 887, 891, 895, 946, 948, 968  Farm labor contractor registration, penalties for violation 1656, 1657  Federal Election Campaign Act Amendments of 1974, penalty for violations under 1266–1268, 1302  Foreign Investment Study Act of 1974, penalties for noncompliance 1453  Gold and silver transactions, leverage contracts, penalties for violation 1405  Hazardous Materials Transportation Act, penalties for violation 2160  Holding Company System Regulatory Act, penalty for violation 762  Hunting, trapping, or fishing on certain public lands without public land management area stamp, penalties 1372  Import increases, firms injured by, assistance determinations, penalty for violation 2034  Indian self-determination and education assistance programs, penalties for violation of contracts 2205  Intervention on the High Seas Act, penalty for violations 10  Medals, restriction on use of gold in, penalty for violation 1978  Mobile home construction and safety standards, violation 705, 712C26  Narcotics offenders convicted under laws repealed by Controlled Substances Act, eligibility for parole 1455  “No-knock” search warrant authority, repeal 1455  Noxious weeds, prohibitions and quarantines, penalty for violation 2151  Nuclear Safety and Licensing Commission regulations, failure to report noncompliance, penalty 1247  Privacy Act of 1974, penalties for violation 1902, 1909  Railroad Retirement Act of 1974, penalty for violation 1345  Real estate settlement, prohibition against kickbacks and unearned fees, penalties for violation 1728  Real property, disclosure of previous selling price, penalties for noncompliance 1727  “Smokey Bear”, name and character, unauthorized use or reproduction, penalty 245  Sound recordings, copyright infringement 1873  Speedy Trial Act of 1974 2076  Substandard vehicles, prohibition against sale, importation, etc., increased penalty for violation 1478  Trade-related unemployment, worker adjustment assistance agreements, penalty for violation 2026  Wage and Price Control, Council on, disclosure of confidential information 751  “Woodsey Owl”, name, character, or slogan, unauthorized use or reproduction, penalty 245 Criminal Justice Act, District of Columbia. 1089 Criminal Procedure, Federal Rules of:  Amendments, congressional approval 1949  Proposed amendments to, congressional approval, time extension 397 Crop Insurance Act, Federal, Amendment, audit requirement 1963 Crop Insurance Corporation, Federal, appropriation for 1830 Culebra, Island of, naval training operations, restrictions 406 Cultural and Technical Interchange Between East and West, Center for, appropriation for 208, 1191 Cultural Exchange Act of 1961, Mutual Educational and, appropriation for effecting provisions 1191, 1207, 1642 Cumberland Gap National Historical Park, Ky.-Tenn., acquisition and development ceiling increases; boundary changes 1445, 1446 Cumbres and Toltec Scenic Railroad Compact 1421 Customs, Bureau of:  Appropriation for 225, 614  Border facilities, increased funds for 794  Immigration inspection, transfer of certain functions to, nullification 50 Customs and Patent Appeals, United States Court of:  Appropriation for 1201  Unfair import practices, determinations, judicial review 2054 Customs Court, United States, appropriation for 216, 1201 Customs Service, United States, appropriation for 614 Cuyahoga Valley National Recreation Area, Ohio, establishment 1784 Cuyahoga Valley National Recreation Area Advisory Commission, establishment 1788 Cyprus:  Famine and disaster relief 1803, 1867  Relief, rehabilitation, and reconstruction assistance 1363 Czechoslovakia, debts to U.S. citizens and nationals, payment 2064 Dairy Farmers and Manufacturers, indemnity payments to, appropriation for 1829 Darien Gap Highway, appropriation for 774 Day of Prayer, National, 1974, proclamation 2544 Daylight Saving Time Energy Conservation Act of 1973, Emergency, Amendment, exemption; final report, time extension 1209 Deaf:  Convention of American Instructors of the Deaf, printing of proceedings 2398  Gallaudet College, D.C., appropriation for 204, 1646  Model Secondary School for the Deaf, appropriation for effecting provisions 1646  National Technical Institute for the Deaf, appropriation for 1646  National Technical Institute for the Deaf Act, appropriation for effecting provisions 1646 Deaf-Blind Youth and Adults, National Center for:  Program extension 1619  Report to Congress, elimination 1968 Declaration of Independence, Constitution of the United States and, printing of additional copies 2432 Deepwater Port Act of 1974 2126 Deepwater Port Liability Fund, establishment 2143 Defense, Department of. See also Armed Forces and individual services.  Aliens, employment 1224  Appropriation Act, 1975 1212  Appropriation Authorization Act, 1974, Supplemental 233   Amendment, enlistment qualifications 406  Appropriation Authorization Act, 1975 399  Appropriation for 196, 207, 219, 629, 783, 1212  Architectural and Transportation Barriers Compliance Board, member 1621  Arthritis Coordinating Committee, member 2221  Aviation Career Incentive Act of 1974, progress report, cooperation 180  Cataloging and standardization programs, annual progress reports to congressional committees 1971  Chemical and biological warfare, report modification 1971  Civil defense, contributions to States for, report modification 1971  Civil functions, appropriation for 207, 219, 783, 1099  Civilian personnel strength 403C27   Administrative settlement, increased limits 291   Appropriation for settlement 1218  Commissary stores, surcharge 1765  Common carrier applications, notice of certain to 1577  Contingencies, appropriation for 1218  Court of Military Appeals, appropriation for 1218  Deepwater ports, safety zones 2138  Defense Civil Preparedness Agency, appropriation for 629  Defense Manpower Commission, appropriation for 1233  Exports—   Controlled countries, exports to, review 1555   Controls 408   Technical advisory committees for exports subject to national security control, member 1553  Facilities for defense agencies 1756  Family housing, appropriation for 219, 2181  Fishery management jurisdiction, enforcement study, cooperation 1183  Foreign currency program, special, appropriation for payment 1223  Foreign goods, procurement restrictions 407  Funeral Transportation and Living Expense Benefits Act of 1974 53  General provisions, Appropriation Acts 1224, 2182  Health and Environment, Assistant Secretary for, ex officio member of the National Council on Health Planning and Development 2228  Homeowners assistance 1757  Interagency Committee on Federal Activities for Alcohol Abuse and Alcoholism, member 133 Imports, national security investigation, cooperation 1993  Military bands, sale of recordings for American Revolution Bicentennial-1868 Military construction, appropriation authorization 234  Military Construction Appropriation Act, 1975 2179  Military Construction Authorization Act, 1975 1756  Military family housing 1757  Military reservations, conservation and rehabilitation programs on, expansion and extension 1369  National Commission on Arthritis and Related Musculoskeletal Diseases, ex officio member 2218  National Study Commission on Records and Documents of Federal Officials, appointment of member 1700  Operation and maintenance, appropriation for 196, 1216  Overseas dependents’ schools, authorization of funds 537  Procurement, appropriation for 1222  Public safety awards, selection of individuals for 1544  Recyclable material, sale proceeds, use, 1765 Reporting requirements, elimination of certain 1968  Research, development, etc., appropriation for 1223  Reserve Forces Facilities Authorization Act, 1975 1770  Retired pay, appropriation for 196, 1214  Solar heating and cooling systems, installation on Federal property; regulations 1071, 1073, 1078  Soldiers’ and Airmen’s Home, appropriation for 219, 1651  Strategic airlift crew ratio, study 403  Tactical nuclear weapons in Europe, study 402  Test and Evaluation, Director of, appropriation for 1223  Trade agreements, cooperation 1995 Defense Civil Preparedness Agency, appropriation for 629 Defense Education Act of 1958, National:  Amendment, extension 588  Appropriation for effecting provisions 203, 276, 1101, 1642, 1773 Defense Manpower Commission, appropriation for 1233 Defense Production Act Amendments of 1974 1166 Amendment, National Commission on Supplies and Shortages, establishment 1168 Defense Production Act of 1950:  Amendments— Extension 280, 419, 1167   Repeal of certain provision 1166   Stockpile financing 1167  Appropriation for effecting provisions 443, 627 Defense Supplemental Appropriation Authorization Act of 1974, Department of 233 Defense Transportation Day and National Transportation Week, National, 1974, proclamation 2480 Deficiency Appropriation Act, repeal of certain provisions 322 Delaware River Basin Commission, appropriation for 790 Demonstration Cities and Metropolitan Development Act of 1966:  Amendments—   Model cities program, extension 652   Urban mass transit programs, coordination with model cities programs 1572  Appropriation for effecting provisions 1097, 2182  City demonstration program, new grants or loans, prohibition 652 Dental Research, National Institute of:  Appropriation for 1639  National Commission on Diabetes, member 374 Department of Housing and Urban Development; Space, Science, Veterans, and Certain Other Independent Agencies Appropriation Act, 1975 1095 Department of the Interior and Related Agencies Appropriation Act, 1975 803 Dependents’ Medical Care Act, appropriation for effecting provisions 1641 Diabetes, National Commission on, establishment 374 Diabetes Mellitus Coordinating Committee, establishment 377 Diabetes Mellitus Research and Education Act, National 373 Diego Garcia, construction projects at, requirements 1766C28 Disabled Veterans’ and Servicemen’s Automobile and Adaptive Equipment Amendments of 1974 1736 Disaster Areas:  Community disaster loans 158  Debris removal 154  Disaster Relief Act of 1974 143  Disaster warnings 145  Housing assistance, temporary, etc 150, 154  Relocation assistance 157  Timber sale contracts 158  Tobacco acreage allotments or quotas, N.C., emergency lease or transfer 1416 Disaster Assistance Act of 1974, Foreign 290 Disaster Assistance Administration, Federal, appropriation for 200 Disaster Loan Fund, appropriation for 1206 Disaster Relief Act of 1970:  Amendments—   Repeal of certain provisions 164   State and local government facilities, substitute services, costs 24  Appropriation for effecting provisions 200, 1098 Disaster Relief Act of 1974 143  Appropriation for effecting provisions 1099 “Disclosure of Corporate Ownership”, printing as Senate document 2398 Discrimination, Prohibition of:  Community development programs 649  Community economic development programs 2323  Credit transactions 1521  Disaster assistance programs 150, 155  Employee benefit plans, participant or beneficiary 895, 938  Equal Educational Opportunities Act of 1974 514  Farm labor contractor requirements, aggrieved migrant workers 1658  Federal Energy Administration programs, exclusion from participation in, or denial of benefits of 109  Federal government employment, age discrimination 74  Headstart and Follow Through programs 2309  Home mortgage assistance 728  International Air Transportation Fair Competitive Practices Act of 1974 2102  Juvenile justice and delinquency prevention programs, exclusion from participation in or denial of benefits of 1129  Naval Sea Cadet Corps youth programs 1575  Public water systems safety program 1692  Sex discrimination prohibitions, exemption for certain organizations 1862  Submerged lands conveyed to Guam, Virgin Islands, and American Samoa, denial of access to or benefits from 1212 Disease Control, Center for, appropriation for 1638 District Courts. See under Courts, United States. District of Columbia:  Advisory neighborhood councils, referendum clarification 93  American Hospital of Paris, Inc., board of governors, membership 85  Appropriation Act, 1975 822  Appropriation for 198, 229, 822  Bar Association, Board of Governors, appointments by, District of Columbia Law Revision Commission, members 481  Board of Education—   Teachers’ salary information, submittal to Mayor 1049   Teaching certificates, regulations 1049   Vacancies, procedure for filling 794  Board of Elections and Ethics, General Counsel, appointment 455  Board of Elections of the District of Columbia, name change to District of Columbia Board of Elections and Ethics 458  Board of Equalization and Review, establishment 1055  Board of Higher Education, abolishment, transfer of functions to the Board of Trustees, University of the District of Columbia 1428  Capital outlay, appropriation for 199, 823, 826  Child abuse and neglect, demonstration programs, treatment as a State 2310  City personnel salary and benefits study committee, establishment 1039  Claims and suits, settlement, appropriation for 199, 825  Commissioner—   Appointments by—    District of Columbia Law Revision Commission, members 481    Police and Firemen’s Retirement and Relief Board, members 1041    Property tax assessors 1054   Appointments by, with advice and consent of the Council, Board of Equalization and Review, members 1055   Police and firemen, compensation, study 1038   Reports to—    District of Columbia Law Revision Commission, annual 483    Joint Committee on Judicial Administration, budget estimates for representation of indigents 1093   Tax comparison information, publication 1053  Condominiums, moratorium on conversion to, authority for 794  Corporate taxation 85  Council of the District of Columbia—   Chairman—    Appointment by, District of Columbia Law Revision Commission, member 481    Vacancy, procedure for filling 793   Condominiums, moratorium on conversion to, authority for 794   Municipal Code, codification, publication, and distribution 483   1974 elections, study and public report 471   Reports to—    Board of Trustees, University of the District of Columbia, higher education programs and expenditures 1430    District of Columbia Law Revision Commission, annual 483C29  Courts—   Appeals, Court of—    Commerce, unfair or deceptive practices in or affecting, rules, judicial review 2195    Drinking water regulations, petition for review 1689    Federal Energy Administration Act of 1974, judicial review 102    Holding Company System Regulatory Act, judicial review 762    Practice of psychology decisions, judicial review 1615    Unemployment Compensation Board decisions, judicial review 1617   District Court—    Noxious weeds, owners of destroyed property, civil action 2150    Presidential recordings and materials, preservation, jurisdiction 1698  Department of Corrections, employees, retirement benefits 355  Director of Campaign Finance, establishment 454  District of Columbia Board of Elections and Ethics—   New name for Board of Elections of the District or Columbia 458   Reports to, candidates and District office holders, disclosure of financial interests 467, 468  District of Columbia Board of Elections and Ethics Nominating Committee, establishment 456  District of Columbia Corporation Counsel, appointments by, District of Columbia Law Revision Commission, member 481  District of Columbia Register, publication in—   Lobbyist registration information 464   Price index 461  Education, appropriation for 824  Educational Personnel, The Interstate Agreement of Qualification of, authorization to enter 1612  Environmental services, appropriation for 825  Federal City College, president of, appriation for 824  Federal payment to, appropriation for 822  Fire Department—   Holidays, date changes 1038   Survivors benefits 1041  First Infantry Division, United States Forces in Vietnam, erection of monument in 741  Fiscal year, dates of, adjustment 793  Gallaudet College, appropriation for 204, 1646  General provisions, Appropriation Act 827  Highways and traffic, appropriation for 825  Historic properties in, tax relief 1058  Holding Company System Regulatory Act 752  Howard University, appropriation for 204, 1646  Human resources, appropriation for 824  Indigents, representation in criminal cases 1090  Judicial Administration, Joint Committee on—   Appointments by, District of Columbia Law Revision Commission, members 481   Representation of indigents in criminal cases, plan 1090  Legal Services Corporation, establishment 379  Manpower Administration, transferred employees, civil service rights 793  Mayor—   Appointments by, Board of Trustees, University of the District of Columbia 1424   Police and firemen, compensation, study 1038   Report to by Board of Trustees, University of the District of Columbia, higher education, programs and expenditures 1430   Teachers’ salary information, submittal to Council 1049  Metropolitan Police—   Holidays, date changes 1038   Survivors benefits 1041  Municipal Code, codification, publication, and distribution 483  National Capital Housing Authority, audits, frequency 1963  Office of the People’s Counsel, establishment 1975  Pennsylvania Avenue Development Corporation, construction, moratorium, extension 1170  Police and Firemen’s Retirement and Relief Board, establishment 1041  Policemen and Firemen’s Retirement and Disability Act, Amendment, disability retirement pay 2177  Public safety, appropriation for 199, 824  Public Service Commission, terms 2178  Real property tax 1052, 1065  Recreation, appropriation for 824  Saint Elizabeths Hospital—   Appropriation for 1640, 1773   United States prisoners, reimbursement for support of 1194  School fare subsidy, extension 446  Search and seizure, repeal of “no-knock” authority 1455  Sewall-Belmont House National Historic Site, designation 1463  Smallpox vaccination requirement, repeal 290  Superintendent of Schools, appropriation for 824  Tax delinquent property, disposal 1059  Teachers—   Certificates, term and conditions 1049   Retirement annuities 1050   Salary increase 1042  Teachers’ Salary Act Amendments of 1974 1042   Technical amendments 2175  United States Attorney, District of Columbia Campaign Finance Reform and Conflict of Interest Act, prosecution of violations 455, 470  Union Station—   Intermodal transportation terminal, construction at 1528, 1533   Parking facilities adjacent to, construction 1449C30  University of the District of Columbia, establishment 1424  Vocational Board, abolishment, transfer of functions to the Board of Trustees, University of the District of Columbia 1428  Vouchers, statistical sampling procedures in examination of 1959  Washington Metropolitan Area Transit Authority, appropriation for 212, 779  Washington Technical Institute, president of, appropriation for 824 District of Columbia Administrative Procedure Act, Amendment, District of Columbia Municipal Code, codification and publication 483 District of Columbia Appropriation Act, 1975 822 District of Columbia Board of Elections and Ethics Nominating Committee, establishment 456 District of Columbia Campaign Finance Reform and Conflict of Interest Act 446  Amendments—   Conflict of interest restrictions 2178   Director of Campaign Finance, term 2177 District of Columbia Code, new edition, appropriation for publication 433 District of Columbia Criminal Justice Act 1089 District of Columbia Election Act, Amendments:  Board of Education, vacancies, procedure for filling 794  Board of Elections and Ethics—   Compensation of members 471   Impartiality, regulations 2177 District of Columbia Income and Franchise Tax Act of 1947, Amendment, campaign contribution tax credits 470 District of Columbia Law Revision Com-mission, establishment 480 District of Columbia Law Revision Commission Act, The 480 District of Columbia Medical and Dental Manpower Act of 1970:  Amendment, extension 763  Appropriation for effecting provisions 1641 District of Columbia Police and Firemen’s Salary Act of 1958, Amendments:  Helicopter pilots and bomb disposal unit, extra pay 1036  Longevity, computation 1037  Reappointed officers and members, compensation 1036  Salary increase 1036  Technical amendments 2173  Technicians, extra pay 1037 District of Columbia Public Education Act, appropriation for effecting provisions 1825, 1826 District of Columbia Public Postsecondary Education Reorganization Act 1423 District of Columbia Public Works Act of 1954, Amendment, repeal of certain provisions 1065 District of Columbia Real Property Tax Revision Act of 1974 1051  Technical and clarifying amendments 2176–2178  District of Columbia Redevelopment Act of 1945, Amendment, National Capital Housing Authority, audits, frequency 1963 District of Columbia Revenue Act of 1947, Amendment, corporate taxation 85 District of Columbia Sales Tax Act, Amendment, sales tax, admission charges to public events 1064 District of Columbia Self-Government and Governmental Reorganization Act:  Amendments—   Advisory neighborhood councils, referendum clarification 93   Council of the District of Columbia, Office of the Chairman, procedure for filling a vacancy 793   Effective dates, revisions 794   Fiscal year, dates of, adjustment 793   Manpower Administration, District of Columbia, transferred employees, civil service rights 793   Political participation in certain elections 86  Appropriation for effecting provisions 823 District of Columbia Teachers’ Salary Act of 1955, Amendments:  Salary increases 1042  Technical amendments 2175 District of Columbia Unemployment Compensation Act, Amendment, Unemployment Compensation Board, judicial review of decisions 1617 Dogs, use in biological or chemical warfare research, prohibition 406 Domestic and International Business Administration, appropriation for 218, 1196 Domestic Council, appropriation for 617 Domestic Volunteer Service Act of 1973:  Amendment, Retired Senior Volunteer Program, local contributions, restrictions 358  Appropriation for effecting provisions 1649 Drinking Water Advisory Council, National, establishment 1688 Drug, and Cosmetic Act, Federal Food, Amendment, bottled drinking water standards 1694 Drug Abuse, and Mental Health, National Panel on Alcohol, establishment 134 Drug Abuse, and Mental Health Administration, Alcohol:  Appropriation for 1640, 1773  Establishment 134  National Research Services Awards 342 Drug Abuse, National Advisory Council on, National Panel on Alcohol, Drug Abuse, and Mental Health, member 134 Drug Abuse, National Institute on:  Biomedical and behavioral research, peer review of grant applications and contracts, cooperation 360  Departmental position of 136 Drug Abuse Education Act Amendments of 1974, Alcohol and 1154 Drug Abuse Education Act of 1970, Amendments:  Extension 1157  Title renamed Alcohol and Drug Abuse Education Act 1154 Drug Abuse Office and Treatment Act of 1972:  Amendments—   National Institute on Drug Abuse, departmental position of 136   Patient records, confidentiality 137  Appropriation for effecting provisions 619, 1640C31 Drug Abuse Prevention, Special Action Page Office for:  Appropriation for 619  Coordinating Council on Juvenile Justice and Delinquency Prevention, member 1116 Drug Abuse Prevention Week, 1974, proclamation 2531 Drug Enforcement Administration:  Appropriation for 223, 1195  Protection of agents 1456 Drugs:  Marihuana, prohibition of payment of funds to persons producing for illegal use 1842  Narcotic Addict Rehabilitation Act of 1966, appropriation for effecting provisions 1640  Narcotic Addict Treatment Act of 1974 124  Narcotic drug dispensation, annual registration of practitioners 124  Narcotics offenders convicted under former statutes, parole eligibility 1455  Rehabilitation program 2299 Earth Week, 1974, proclamation 2475 East-West Foreign Trade Board, establishment 2065 Economic Advisers, Council of:  Appropriation for 216, 617  National Commission on Productivity and Work Quality, cooperation 237 Economic Development Administration, appropriation for 1196, 1778, 2108 Economic Opportunity, and Community Partnership Act of 1974, Headstart 2291 Economic Opportunity, Office of:  Appropriation for 204  Intergovernmental Advisory Council on Community Services, establishment 2297  Wage information on certain employees, elimination of report requirement 1970 Economic Opportunity Act of 1964:  Amendments—   Alcoholic Counseling and Recovery program 2299   Antipoverty agencies, withholding of certain Federal taxes 2315   Community economic development—    Development loans 2319    Special rural programs 2318    Supportive programs and activities 2321    Urban and rural special impact programs 2316   Community Services Administration, establishment 2310   Comprehensive Health Services program 2298   Criminal provisions 2314   Demonstration community partnership agreements 2296   Drug Rehabilitation program 2299   Emergency Energy Conservation Services program 2294   Employment and investment incentive provisions, repeal 745   Evaluation of programs and projects, report to congressional committees 2328   Extension 2329   Follow Through Programs 2306   Former “Legal Services” program, repeal 390   Headstart programs, extension 2300   Intergovernmental Advisory Council on Community Services, establishment 2297   Legal Services Corporation, independent status 390   Legal Services Corporation Act 378   Migrant and seasonally employed farmworkers programs 2298   Model Community Economic Development Finance Corporation, plan for establishment 2320   Native American programs 2324   Research and demonstrations 2292   Summer Youth Recreation program 2295   Wage information on certain employees, elimination of report requirement 1970  Appropriation for effecting provisions 203, 204, 1205, 1641, 1834  Repeal of certain provisions 745, 2294 Economic Opportunity Amendments of 1967, Amendment, repeal of certain provision 2330 Economic Opportunity Amendments of 1969, Amendment, repeal of certain provision 2330 Economic Policy, Council on International, appropriation for 216, 617 Economic Policy Act of 1972, International, Amendment, appropriation authorization 239 Economic Report of the President, Joint Economic Committee’s filing date, extension 49 Economic Research Service, appropriation for 217, 1826 Economic Stabilization Act of 1970, appropriation for effecting provisions 614 Economic Statistics Administration, Social and:  Appropriation for 218, 1196, 1643  Census, Bureau of the—   Education Statistics, Advisory Council on, member 556   Records maintained on individuals, disclosure to 1897 Education. See also Schools and Colleges.  Alcohol and Drug Abuse Education Act Amendments of 1974 1154  Arts, elementary and secondary school education programs 556  Bilingual adult education programs 578  Busing, appropriated funds for use of, prohibition 519  Campus disrupters, denial of financial assistance 1102, 1209, 1231, 1651  Career education 551  Community schools 549  Consumers’ education 553  Cooperative Research Act, amendment, title renamed Special Projects Act 544  District of Columbia Public Post-secondary Education Reorganization Act 1423  Ethnic heritage studies centers, extension 513  Family Educational Rights and Privacy Act of 1974 571  Federal acquisition of real property, extension 522  Federal property, children whose parents reside or work on 523–535C32  Fire Training and Education, Committee on, establishment 1539  Gifted and talented children 547  Impact area programs, extension 521  Interstate Agreement on Qualification of Educational Personnel, The, authorization of D.C. to enter 1612  Legal education fellowship program 296  Legal professions, training assistance 605  Mathematics, special projects for teaching 588  Metric system of measurement, education for use 546  Migratory fishermen, education of children, grants 492  National Academy for Fire Prevention and Control, establishment 1537  National reading improvement programs 588  Private school children, special education services 497, 541  Special Projects Act, new title for the Cooperative Research Act 544  Studies and surveys 599  Teachers—   Adult education, training 577   Bilingual education, training 508   Indian education, special training programs 586   Teacher Corps, extension of program 605  Training grants 508, 511, 544, 547, 549, 550, 554, 556, 584, 586, 588, 594, 595, 605, 608  Veterans—   Allowance increase 1579, 1958   Assistance, time extension 176   Loan program 1589   Programs, ten-year delimiting period 292  White House Conference on Education 597  Women’s educational equity 554 Education, National Advisory Council for Adult, reports to by State advisory councils, recommendations 578 Education, National Advisory Council for Career, establishment 552 Education, National Advisory Council on Bilingual, establishment 510 Education, National Advisory Council on Vocational:  Authority to accept gifts and transfer funds 1849  Career Education, National Advisory Council for, member 552 Education, National Institute of. See National Institute of Education. Education, Office of:  Appropriation for 201, 203, 220, 1641, 1773  Bilingual Education, Office of, establishment 509  Career Education, National Advisory Council for, member 552  Career Education, Office of—   Career Education, National Advisory Council for, member 552   Establishment 551  Child Abuse and Neglect, Advisory Board on, member 7  Community Education Advisory Council, establishment 550  Consumers’ Education, Office of, establishment 553  Education Statistics, Advisory Council on, member 556  Harry S Truman Scholarship Foundation, ex officio member 2277  Indian education, appropriation for 201, 818  Legal education fellowship program 296  Libraries and Learning Resources, Office of, establishment 576  Women’s Educational Programs, Advisory Council on, establishment 555 Education, Office of Bilingual, establishment 509 Education, Office of Career, establishment 551 Education, Office of Consumers’, establishment 553 Education, Office of the Assistant Secretary for, appropriation for 220 Education Act, Adult:  Amendments—   Advisory councils, extension 612   Programs, extension and revision 576–579   Puerto Rico, treatment as a State 611  Appropriation for effecting provisions 1775 Education Act, Bilingual, Amendment, extension 503 Education Act, Environmental:  Amendments, time extension 121  Appropriation for effecting provisions 1641 Education Act, Indian, appropriation for effecting provisions 818 Education Act Amendments of 1974, Alcohol and Drug Abuse 1154 Education Act of 1958, National Defense:  Amendment, extension 588  Appropriation for effecting provisions 203, 276, 1101, 1642, 1773 Education Act of 1963, Vocational. See Vocational Education Act of 1963. Education Act of 1965, Elementary and Secondary. See Elementary and Secondary Education Act of 1965 Education Act of 1965, Higher. See Higher Education Act of 1965. Education Act of 1970, Drug Abuse, Amendments:  Extension 1157  Title renamed Alcohol and Drug Abuse Education Act 1154 Education Advisory Council, Community, establishment 550 Education Amendments of 1972, Amendments:  Advisory councils, extension 612  Sex discrimination prohibitions, exemption for certain organizations 1862  Technical 562 Education Amendments of 1974 484  Consolidation of certain programs 535  Education administration 556  Elementary and secondary education programs, extension and revision 576  Equal educational opportunities and transportation of students 514  Federal impact aid programs 521  Miscellaneous provisions 597  National reading improvement program 588 Education Amendments of 1974, Environmental 121 Education and Rehabilitation Equalization Amendments Act of 1974, Veterans’ 1958 Education and Training of the Handicapped, Bureau of, Deputy Commissioner and assistants, compensation 579 Education Assistance Act, Indian 2213C33 Education Facilities Act of 1963, Higher, Amendment, technical 164 Education of the Handicapped Act:  Amendments—   Programs, extension 579–585   Puerto Rico, treatment as a State 611  Appropriation for effecting provisions 1774 Education of the Handicapped Amendments of 1974 579 Education Professions Development Act, appropriation for effecting provisions 1642 Education Provisions Act, General. See General Education Provisions Act. Education Statistics, Advisory Council on, establishment 556 Education Statistics, National Center for:  Career Education, National Advisory Council for, member 522  Establishment 556  Poverty data, study, cooperation 601 Education Week, American, 1974, proclamation 2533 Educational and Cultural Exchange Act of 1961, Mutual, appropriation for effecting provisions 1191, 1207, 1642 Educational Exchange, additional funds authorized 237 Educational Exchange Act of 1948, United States Information and:  Amendment, United States Information Agency, annual reports to Congress 1440  Appropriation for effecting provisions 1207 Educational Opportunities Act of 1974, Equal 514 Educational Programs, Advisory Council on Women’s, establishment 555 Egg Board, establishment 1174 Egg Research and Consumer Information Act 1171 Egmont Key National Wildlife Refuge, Fla., establishment 295 Egypt:  Nuclear powerplants, restriction on foreign assistance funds for 1813  Security supporting assistance, appropriation for 1867 Eisenhower College, N.Y.:  Appropriation for payment to 1780  Transfer of proceeds from sale of certain coins to 1262 Elderly Persons:  Housing loans 669–671  Mass transportation facilities, utilization 2282  Nutrition program for, extension 357  Older Americans Act of 1965. See separate title.  Older Americans Comprehensive Services Amendments of 1973, appropriation for effecting provisions 1635  Older Americans Month, 1974, proclamation 2479  Transportation projects, grants to States 357  Urban mass transportation, fares 1571, 1572 Elections:  District of Columbia Campaign Finance Reform and Conflict of Interest Act 446  Federal Election Campaign Act Amendments of 1974 1263  Federal Election Campaign Act of 1971. See separate title.  Federal Election Commission, establishment 1280  Presidential Primary Matching Payment Account Act 1297 “Elections, Public Financing of Federal”, hearings, publication of additional copies 2426 Electrification Act of 1936, Rural, appropriation for effecting provisions 1831, 1832 Electrification Administration, Rural, appropriation for 1831 Electronic Fund Transfers, National Commission on:  Appropriation for 1781  Establishment 1508 Electronic Surveillance, National Commission for the Review of Federal and State Laws Relating to Wiretapping and:  Appropriation for 1205  Extension; closed meetings 1972 Elementary and Secondary Education Act of 1965:  Amendments—   Advisory councils, extension 612   Bilingual education program, extension 503   Consumers’ education 553   Correctional education services, authorization of funds 513   Educational agencies, open meetings 513   Ethnic heritage studies centers, extension 513   Grants, special 495   Handicapped children, etc., grants 491   Indian education programs, extension 585, 586   Libraries, learning resources, educational innovation, and support 535–544   Library resources, textbooks, etc., extension 501   Local educational agency school districts, allocation of funds 499   Program extension; allocation of funds 488–503   Puerto Rico, treatment as a State 611   Refund of payments, statute of limitation 512   School dropout prevention projects, extension 512   School nutrition and health services, extension 512   State and local programs, extension 503   State operated programs 491   Supplementary educational centers and services, extension 502  Appropriation for effecting provisions 203, 1773–1775  Repeal of certain provisions 490, 491, 496, 546 Emergency Daylight Saving Time Energy Conservation Act of 1973, Amendment, exemption; final report, time extension 1209 Emergency Employment Act of 1971, appropriation for effecting provisions 202 Emergency Energy Conservation Services Program 2294 Emergency Highway Energy Conservation Act:  Amendment, carpool demonstration program applications, extension 2289  Repeal of certain provision 2286C34 Emergency Home Purchase Assistance Page Act of 1974 1364 Emergency Insured Student Loan Act of 1969:  Amendment, extension 89  Appropriation for effecting provisions 1642 Emergency Jobs and Unemployment Assistance Act of 1974 1845  Appropriation for effecting provisions 2106, 2108 Emergency Livestock Credit Act of 1974 391 Emergency Medical Services Week, 1974, proclamation 2535 Emergency Petroleum Allocation Act of 1973, Amendment, extension 1608 Emergency School Aid Act, Amendments:  Advisory councils, extension 612  Education parks provision, repeal 519  Extension 587  Mathematics, special projects for teaching 588 Emergency Unemployment Compensation Act of 1971, Amendment, advances to States, repayment method 420 Emergency Unemployment Compensation Act of 1974 1869 Emigration, freedom to join a close relative in the U.S 2064 Employee Plans and Exempt Organizations, Office of, establishment 951 Employee Retirement Income Security Act of 1974 829  Actuaries, enrollment 1002  Administration and enforcement 891, 995  Coverage 1014  Fiduciary responsibility 874  Funding 868  Joint Pension Task Force; studies 999  Liability 1029  Participation and vesting 852  Plan termination; insurance 1003, 1020  Reporting and disclosure 840 Employee Welfare and Pension Benefit Plans, Advisory Council on, establishment 895 Employees’ Compensation Commission Appropriation Act, 1944, appropriation for effecting provisions 1636 Employment Act of 1946:  Amendment, Joint Economic Committee, employees, disbursement of salary 1776  Appropriation for effecting provisions 617 Employment Act of 1967, Age Discrimination in, Amendment, federal government employment 74 Employment Act of 1971, Emergency, appropriation for effecting provisions 202 Employment and Training Act of 1973, Comprehensive:  Amendments—   Emergency job programs 1845   Placement goals 1847  Appropriation for effecting provisions 202, 1635 Employment Opportunity Commission, Equal:  Appropriation for 227, 1204  Reporting requirements, modification 1972 Employment Standards Administration, appropriation for 223, 1636, 1772 Energy Administration, Federal. See Federal Energy Administration. Energy Administration Act of 1974, Federal 96 Energy Commission, Atomic. See Atomic Energy Commission. Energy Conservation, Office of, transfer of functions to Federal Energy Administration 100 Energy Conservation Act, Emergency Highway:  Amendment, carpool demonstration program applications, extension 2289  Repeal of certain provision 2286 Energy Conservation Act of 1973, Emergency Daylight Saving Time, Amendment, exemption; final report, time extension 1209 Energy Conservation Services Program, Emergency 2294 “Energy Crisis, Foreign Policy Implications of the”, printing of additional copies 2400 Energy Data and Analysis, Office of, transfer of functions to Federal Energy’ Administration 100 Energy Office, Federal, appropriation for 280, 618 Energy Reorganization Act of 1974 1233 Energy Research, Development, and Demonstration Act of 1974, Geothermal 1079 Energy Research, Development, and Demonstration Act of 1974, Solar 1431 Energy Research and Development Act of 1974, Federal Nonnuclear 1878 Energy Research and Development Administration:  Aliens, employment 1240  Conduct of energy research and development, report to by Council on Environmental Quality 1892  Energy Resources Council, member 1241  Establishment 1234  Federal Nonnuclear Energy Research and Development Act of 1974 1878  Helium, potential energy applications of, study and report 1237 Energy Research and Development Appropriation Act, 1975, Special 276 Energy Resources Council, establishment 1241 Energy Supply and Environmental Coordination Act of 1974 246 Engineers, Corps of:  Appropriation for 207, 219, 783  Big South Fork National River and Recreation Area, Tenn.-Ky., establishment; transfer of jurisdiction to Secretary of the Interior 43  Fish hatchery facilities, funds to State of Washington for construction of 25  Flood control—   Appropriation for 784   Mississippi River, appropriation for 207, 784  Great Lakes and Saint Lawrence Seaway, report on navigation season extension, time extension 32  High-speed ground transportation between major west coast cities, feasibility study, consultation 1532  Painted Rock Dam, Ariz., land acquisition for Department of the Interior 268  Railroads, Northeast Corridor project completion, cooperation 1527  Reclamation projects. See separate title.  River Basin Monetary Authorization Act of 1974 49  Shoreline Erosion Control Demonstration Act of 1974 26C35  Streambank Erosion Control Evaluation and Demonstration Act of 1974 21  Water Resources Development Act of 1974 12 Engraving and Printing, Bureau of, audit requirement, revision 1964 Environment Day, World, 1974, proclamation 2485 Environmental Coordination Act of 1974, Energy Supply and 246 Environmental Education Act:  Amendments, time extension 121  Appropriation for effecting provisions 1641 Environmental Education Amendments of 1974 121 Environmental Health Sciences, National Institute of:  Appropriation for 1639  Coal conversion, effects on public health, study 259 Environmental Impact Statements:  Appropriation for 1835  Deepwater ports, preparation by Department of Transportation 2133  Government Printing Office relocation, appropriation for preparation 1778 Environmental Improvement Act of 1970, National, appropriation for effecting provisions 1834 Environmental Policy Act of 1969, National, appropriation for effecting provisions 1834, 1835 Environmental Protection Agency:  Appropriation for 226, 276, 1835  Automotive power systems, research and development, transfer of functions to Energy Research and Development Administration 1238  Coal burning, air pollution emission limitations 252  Coal conversion, effects on public health, study, cooperation 259  Colorado River Basin salinity control programs, cooperation 270, 271  Continuous emission reduction systems, manufacturing priorities 254  Drinking water—   Bottled drinking water, regulations for 1694   National regulations, promulgation 1662   Regulations, costs; waste disposal; chemical contamination, studies 1683   State underground injection control programs, promulgation of regulations 1674  Energy Supply and Environmental Coordination Act of 1974 246  Federal Water Pollution Control Act—   Amendment, extension of program 1924   Appropriation for effecting provisions 1836   Public facility and housing assistance, applications in areas affected by major disasters, priority 151  Federal Water Pollution Control Act Amendments of 1972, appropriation for effecting provisions 1836  Intervention on the High Seas Act, nomination of experts 10  Motor vehicle emissions standards 258  Oil spills, uniform law for liability, study 2145  Powerplant and fuel burning installations, air pollution requirement compliance, certification 247  Rural water survey 1693  Solid Waste Disposal Act, Amendment, extension of authorization 1974  Stationary source fuel or emission limitation, temporary suspension 249  Transportation regulations, study 257  Vessels, waste materials, net tonnage, regulations 1694 Environmental Quality, Council on. See Council on Environmental Quality. Environmental Quality, Office of, appropriation for 1834 Equal Credit Opportunity Act 1521 Equal Educational Opportunities Act of 1974 514 Equal Employment Opportunity Commission:  Appropriation for 227, 1204  Reporting requirements, modification 1972 Erosion Advisory Panel, Shoreline, establishment 27 Erosion Control Demonstration Act of 1974, Shoreline 26 Erosion Control Evaluation and Demonstration Act of 1974, Streambank 21 Ethiopia, disaster relief, limitation 290 Europe, tactical nuclear weapons in study 402 Executive Office Appropriation Act, 1975 617 Executive Office of the President. See Executive Office under President of the United States. Executive Protective Service, Vice President of the United States, protection 1765 Exhibition of the Archeological Finds of the People’s Republic of China, indemnification agreement 143 Expediting Act, Amendment, public civil antitrust cases, pretrial procedure; appeals 1708, 1709 Explosives, Amendments of 1973 to Federal Law Relating to 2217 Export Administration Act of 1969:  Amendments—   Access to supplies, international cooperation 1553   Export controls 1552   Exports to Communist-dominated countries, semiannual report to President and Congress 1971   Extension 287, 444, 1557   Hardship relief from export controls 1554   High technology exports, licensing 1553  Appropriation for effecting provisions 1197 Export Administration Amendments of 1974 1552 Export-Import Bank Act of 1945, Amendments:  Ceilings on guarantees and insurance, increase 2336  Extension 289, 445, 1166, 1368, 2336  Union of Soviet Socialist Republics, fossil fuels in, loans for research and exploration of; production loans, prohibition 2335, 2336 Export-Import Bank Amendments of 1974. 2333 Export-Import Bank of the United States, appropriation for 230 Eye Institute, National:  Appropriation for 1639  National Commission on Diabetes, member 374C36 Fair Credit Billing Act 1511 Fair Labor Standards Act of 1938, Amendments:  Back wages, suits by Labor Department 73  Child labor, minimum age 72  Economic effects studies 73  Minimum wage, extension—   Logging crews 69   Motion picture theater employees 69  Minimum wage, increase—   Agricultural employees 56   Federal employees 55   Nonagricultural employees 55   Puerto Rico and Virgin Islands 56–58  Minimum wage and overtime coverage, extension—   Conglomerate employees 66   Domestic service workers 62   Federal and State employees 58   Retail and service establishments 62   Telegraph agency employees 63   Tobacco employees 62  Overtime coverage, extension—   Bowling employees 65   Cotton ginning and sugar processing employees 66, 68   Food service establishment employees 65   Hotel, motel, and restaurant employees; tipped employees 64   Nursing home employees 64   Oil pipeline transportation employees 69   Salesmen, partsmen, and mechanics 65   Seafood canning and processing employees 64   Seasonal industry employees 66   Transit employees, local 68  Students, employment 69 Fair Labor Standards Amendments of 1974 55 Fair Packaging and Labeling Act, Amendment, administration, modification of reporting requirements 1972 Family Educational Rights and Privacy Act of 1974 571 Family Planning Services, assistance to State 2337 Farallon National Wildlife Refuge, Calif., designation of Farallon Wilderness within 1744 Farm and Rural Development Act, Consolidated, appropriation for effecting provisions 1831–1834 Farm-City Week, National, 1974, proclamation 2527 Farm Credit Administration, appropriation for 227, 1834 Farm Labor Contractor Registration Act Amendments of 1974 1652 Farm Labor Contractor Registration Act of 1963, Amendments:  Civil relief; recordkeeping 1657, 1658  Coverage, extension 1652  Registration requirements 1653 Farm Safety Week, National, 1974, proclamation 2450 Farm Tenant Act, Bankhead-Jones, appropriation for effecting provisions 1831 Farmer Cooperative Service, appropriation for 217, 1828 Farmers Home Administration:  Appropriation for 217, 1832  Community development corporations, Page assistance to 2322  Rural Development Loan Fund, administration, utilization of services 2320 Farmers Home Administration Act of 1961, Consolidated, public facility and housing assistance, applications in areas affected by major disasters priority 151 Father’s Day, 1974, proclamation 2486 Feathers and Downs, duty suspension on certain 1454 Federal-Aid Highway Act of 1968, appropriation for effecting provisions 774 Federal-Aid Highway Act of 1970, budget authority under, rescission of certain 1710 Federal-Aid Highway Act of 1973:  Amendments—   Bus purchases by certain public transit systems, Federal assistance, prohibition 737   Indian reservation roads and bridges, authorization of funds 2281   Mass transportation facilities, accessibility to the elderly and handicapped 2283   Railroad-highway crossing, demonstration project 2282   Rural highway public transportation demonstration program, authorization of additional funds 2282  Appropriation for effecting provisions 212, 773 Federal-Aid Highway Amendments of 1974 2281 Federal-Aid Highways, appropriation for 774 Federal Aviation Act of 1958:  Amendments—   Air services to nations aiding terrorists, Presidential authority to suspend 413   Air transportation security 415   Aircraft piracy—    Offenses outside special jurisdiction of the United States 410    Penalty procedure 411   Foreign air transportation, security standards 414   Government-financed passengers and property, transportation of 2104   Hazardous materials, transportation, penalties 2162, 2163   Military participation under agreements with Armed Forces, elimination of report requirement 1970   Property restricted from aircraft cabin, liability 418   Screening of passengers 415   Shippers of air freight, solicitation or acceptance of rebates, prohibition 2105   Ticket agents, observance of tariffs 2105   Transportation of certain persons or property, authority to refuse 418   United States mail, transportation in foreign air transportation, rates 2103   War risk insurance program, audit requirement, revision 1964   Weapons or explosives, carrying aboard aircraft, penalties 417  Appropriation for effecting provisions 771 Federal Aviation Administration:  Air Transportation Security Act of 1974 415C37  Appropriation for 224, 771  Grants-in-aid to airports, availability of funds 1779  Military participation under agreements with Armed Forces, elimination of report requirement 1970 Federal Boat Safety Act of 1971, appropriation for effecting provisions 770 Federal Bureau of Investigation, appropriation for 223, 1193 Federal City College, D.C., president of, appropriation for 824 Federal Civil Defense Act of 1950, appropriation for effecting provisions 629 Federal Coal Mine Health and Safety Act of 1969, appropriation for effecting provisions 1636, 1638, 1645 Federal Columbia River Transmission System Act 1376 Federal Communications Commission:  Aliens, amateur radio operator licenses, issuance 1576  Appropriation for 227, 1100  Certain common carrier applications, notice to Secretary of Defense and Secretary of State 1577  Communications common carriers, proceedings against, limitation period, extension 1577  National Commission on Electronic Fund Transfers, member 1508 Federal Credit Union Act, Amendments:  Audit requirement, revision 1964  Deposit insurance, increased ceiling 1503  Dividends 720  Federal insurance coverage, termination 720  Health and accident insurance for management 1507  Investments in Federal Home Loan Mortgage Corporation 727  Lending authority 719  Liquidation 721  Membership, uniform entrance fees and application denial 719  Public fund accounts, deposit insurance coverage 1501  Supervisory committees, annual audit 719  Trust territories, applicability 720  Veterans and FHA mobile home loan programs 1866 Federal Crop Insurance Act, Amendment, audit requirement 1963 Federal Crop Insurance Corporation, appropriation for 217, 1830 Federal Deposit Insurance Act, Amendment:  Audits, frequency 1963  Bank holding companies and subsidiaries, cease and desist authority over 1506  Debt obligations, regulation of interest rates on 1558  Deposit insurance, increased ceiling 1502  Federally related mortgages loans, limitations on and disclosures of certain 1729  Insured institutions, mutual to stock conversions, moratorium 1505  Public fund accounts, coverage 1500  State-chartered insured banks, interest rates on business or agricultural loans 1558  State usury ceilings, applicability to Page certain obligations 1560 Federal Deposit Insurance Corporation:  Banks, unfair or deceptive practices in or affecting consumers, enforcement of regulations 2197  National Commission on Electronic Fund Transfers, member 1508  Real estate settlement—   Congressional action, necessity for further, consultation 1730   Statement of costs, standard form, consultation 1725 Federal Disaster Assistance Administration, appropriation for 200 Federal Election Campaign Act Amendments of 1974 1263 Federal Election Campaign Act of 1971, Amendments:  Advertisements 1278  Campaign depositories 1280  Contributions, use of excess 1289  Enforcement 1284, 1289, 1290  Federal Election Commission, establishment 1280  Franked solicitations, prohibition 1289  Political committees; principal campaign committee 1275, 1276  Reporting and disclosure 1272, 1276–1279 Federal Election Commission, establishment 1280 “Federal Elections, Public Financing or”, hearings, publication of additional copies 2426 Federal Employees Health Benefits Act, Retired, appropriation for effecting provisions 620 Federal Energy Administration:  Appropriation for 1783  Coal conversion and allocation 246  Cost of Living Council, Energy Division, transfer of functions to Administrator 100  Emergency Mass Transportation Assistance Plan, cooperation 260  Energy Conservation, Office of, transfer of functions to Administrator 100  Energy conservation study 260  Energy Data and Analysis, Office of, transfer of functions to Administrator 100  Energy information, quarterly report 263  Energy Resources Council, member 1241  Energy Supply and Environmental Coordination Act of 1974 246  Establishment 97  Fuel and energy facilities and equipment, monitoring of exports, consultation 1553  Geothermal Energy Coordination and Management Project, member 1081  New motor vehicles, fuel economy study, cooperation 261  Oil and Gas, Office of, transfer of functions to Administrator 100  Petroleum Allocation, Office of, transfer of functions to Administrator 100  Transportation regulations study, cooperation 257 Federal Energy Administration Act of 1974 96 Federal Energy Office, appropriation for 280, 618C38 Federal Fire Prevention and Control Act of 1974 1535  Appropriation for effecting provisions 1198 Federal Food, Drug, and Cosmetic Act, Amendment, bottled drinking water standards 1694 Federal Highway Administration, appropriation for 211, 224, 772 Federal Home Loan Bank Act, Amendments:  Bank obligations, purchase by Treasury Department, increased authority 1506  Debt obligations, regulation of interest rates on 1558  Federal Home Loan Banks, directors, increase 1739  Federal Home Loan Mortgage Corporation, investments in 727  Federal Savings and Loan Council, continuation 1739  Home mortgages used as security, dollar limitation, increase 1367  State usury ceilings, applicability to certain obligations 1560 Federal Home Loan Bank Board:  Appropriation for 227, 1106  Certain securities, transfer of regulatory authority to 1503  National Commission on Electronic Fund Transfers, member 1508  Real estate settlement—   Congressional action, necessity for further, consultation 1730   Statement, standard form, consultation 1725 Federal Home Loan Mortgage Corporation Act, Amendments:  Mortgage purchases from State insured institutions, authority 1506  Mortgages, servicing by approved mortgagees 726  Older mortgages, purchase, limitation 726 Federal Insurance Administration, appropriation for 1097 Federal Judicial Center:  Appropriation for 216, 1203  Disposition of criminal cases, advice to planning groups and district courts 2084 Federal Labor Relations Council, appropriation for 227, 621 Federal Law Enforcement Training Center, appropriation for 225, 613 Federal Law Relating to Explosives, Amendments of 1973 to 2217 Federal Maritime Commission:  Appropriation for 228, 1204  Barge operations, rules and regulations 1966  Government or charitable cargo in domestic offshore trade, regulation of rates 1463 Federal Mediation and Conciliation Service:  Appropriation for 204, 228, 1649  Health care institutions, labor disputes, intervention in 396  Hopi and Navajo Tribes, settlement of land dispute, appointment of a mediator for 1712 Federal Metal and Nonmetallic Mine Safety Board of Review, appropriation for 821 Federal National Mortgage Association, medical facilities, modernization and construction assistance, sale of loans to 2266 Federal National Mortgage Association Charter Act, appropriation for effecting provisions 1096, 1105, 1641, 1643 Federal Nonnuclear Energy Research and Development Act of 1974 1878 Federal Noxious Weed Act of 1974 2148 Federal Officials, National Study Commission on Records and Documents of, establishment 1699 Federal Old-Age and Survivors Insurance Trust Fund, authorization of funds for 947 Federal Paperwork, Commission on, establishment 1789 Federal Pay, Advisory Committee on, appropriation for 620 Federal Pay Comparability Act of 1970, appropriation for effecting provision 230 Federal Power Commission:  Appropriation for 228, 791  Hydroelectric energy facilities for transmission between Canada and the United States, Presidential permit, authority to issue 260  Solar Energy Coordination and Management Project, member 1432 Federal Prison Industries, Incorporated:  Appropriation for 223, 1208  Employees, retirement benefits 355 Federal Prison System, appropriation for 223, 1194 Federal Procurement Policy, Office of:  Appropriation for 1780  Establishment 797 Federal Procurement Policy Act, Office of 796  Appropriation for effecting provisions 1780 Federal Property and Administrative Services Act of 1949:  Amendments—   Excess Federal property, disposal 1926   Federal procurement ceiling, increase 390   General Supply Fund, revision of audit requirement 1963   Indian reservations, excess Federal property within, disposal 1954   Technical 800  Appropriation for effecting provisions 621, 622 Federal Railroad Administration:  Appropriation for 211, 224, 775, 1779, 2108  High-speed ground transportation, appropriation for research 211 Federal Railroad Safety Act of 1970, Amendments:  Accident reports, violation of requirements, civil penalties 2165  Additional funds 2166  Comprehensive railroad safety report 2164  Enforcement 2166 Federal Register:  Printing and binding, appropriation for 442  Publication in—   Aircraft, railroad, pipeline, or marine accident reports, notice of availability 2169   Anti-price discrimination determinations 2044, 2045, 2049   Antitrust laws, proposal for consent judgment under; competitive impact statement 1706, 1707C39   Banks, unfair or deceptive practices in or affecting commerce, findings 2196   Beneficiary developing countries, designation determination 2070   Big Cypress National Preserve, Fla., boundaries; rules and regulations 1258, 1260   Big Thicket National Preserve, Tex., boundaries; rules and regulations 1254, 1257   Big South Fork National River and Recreation Area, Tenn.-Ky., notice of establishment 43   Biomedical and Behavioral Research, National Commission for the Protection of Human Subjects of, recommendations 351   Boston National Historical Park, Mass., notice of establishment 1184   Budget authority, rescission or deferral, special message 335, 336   Canaveral National Seashore, Fla., boundary revisions 2122   Communist country imports, market disruption, investigation summary 2062   Consumer product warranty prohibitions, applications for waiver 2186   Cuyahoga Valley National Recreation Area, Ohio, boundaries 1784   Deepwater ports, application notice, plans, and area 2131, 2132   Drinking water regulations 1663, 1666, 1670, 1673, 1676, 1679–1681, 1689, 1694   Egmont Key National Wildlife Refuge, Fla., description 295   Emergency job programs, fund reallocation decision 1847   Employee pension plans—    Alternative methods of compliance 851    Pension Benefit Guaranty Corporation, by laws 1005    Prohibited transactions, exemption 883, 972    Termination insurance, premium rate schedules 1011   Export controls, invitation to comment on 1554   Federal election reports and statements, index 1287   Federal Energy Administration—    Conflict of interest statutes, report on waiver 98    Rules and regulations 101   Federal Savings and Loan Advisory Council, continuation notice 1739   Fuel burning stationary sources converting to coal, progress report summary 256   Harpers Ferry National Historical Park, W. Va., boundary revisions 1420   Hazardous materials, transportation regulations, application for issuance or renewal, notice 2158   Headstart programs, rules, regulations, guidelines, instructions, application forms 2304   Health service areas, notice of establishment; boundaries 2231   Hungary, claims against by American nationals, filing period 1386   Imports—    Competition, communities adversely affected by, assistance notice 2036    Countervailing duties, investigation notice 2050    Increases, firms adversely affected by, assistance 2030, 2031, 2035    Relief, investigation and assistance 2013, 2014   Indians—    Education assistance programs, rules and regulations, proposed revisions 2216    Self-determination programs, rules and regulations 2212   Law enforcement and fire protection employees, study 61   Legal Services Corporation, rules, regulations, guidelines, and instructions 387   Low-income housing, proposed fair market rentals 663   Mobile homes—    Construction and safety standards, information, etc 703    Correction of defects, notice of time extension 711   Motor vehicle safety 1471, 1473–1475, 1480, 1481   National park system, establishment of units in, notice 1462   National wild and scenic rivers system, exclusion of designated rivers, notice 123   Nonnuclear energy research and development, patent policy, notice of hearing; availability of records 1891   Nonnuclear energy technology, water resource assessment 1893   Oil discharge claims, damaged citizens class, notice of number 2144   Point Reyes National Seashore, Calif., boundary changes 1744   Price index for twelve months and for base period, per centum difference 1265   Public education, State equalization plan guidelines; summary of views and recommendations 610   Public information, Federal agency indexes 1561   Records maintained on individuals, existance, use, rules; archival records 1899–1901, 1904   Savings and loan associations, mutual to stock conversions, final action on 1505   Securities, regulations 1504   Solar heating and cooling systems, performance criteria 1073   Stationary source fuel or emission limitation, temporary suspension, notice 249   Supplemental security income benefits, cost-of-living increases 422   Trade agreements, Presidential intention to enter, notice 1983   Trade-related unemployment, worker adjustment assistance 2019, 2020   Transportation payments, plan for transfer of audit functions 1961   Transportation safety, notice of inquiry; recommendations 2171, 2172C40   Unemployment compensation, emergency benefit periods, notice 1870   Unfair import practices, investigation, notice 2053, 2055   Unfair trade practices, complaints 2042   Vending facilities on Federal property—    Arbitration decisions and fee schedule 1627    Limitation, determination 1623   Veterans suffering from alcoholism or drug abuse, hospital admissions; confidentiality of records, regulations 131, 133, 139   Voting age population, estimates 1266 Federal Reserve Act, Amendments:  Branch bank building construction, increased limitation on costs 1505  Debt obligations, regulation of interest rates on 1557  Federal Reserve banks, purchase of United States obligations from Treasury Department, extension 1505  National banks, real estate loans 716, 725  Residential mortgages, time note advances 1368  State usury ceilings, applicability to certain obligations 1560 Federal Reserve System:  Board of Governors, unfair or deceptive practices in or affecting commerce, regulatory authority 2196  Equal Credit Opportunity Act 1521  National Commission on Electronics Fund Transfers, member 1508 Federal Rules of Civil Procedure, Amendments, congressional approval 1949 Federal Rules of Criminal Procedure:  Amendments, congressional approval 1949  Proposed amendments to, congressional approval, time extension 397 Federal Rules of Evidence 1926 Federal Savings and Loan Insurance Corporation:  Appropriation for 1108  Public deposits, insurance, clarification of authority 1739  Public fund accounts, deposit insurance coverage 1501  Secondary reserve adjustment 1507 Federal Security Agency Appropriation Act, 1947, appropriation for effecting provisions 1636 Federal-State Extended Unemployment Compensation Act of 1970, Amendments:  National trigger, temporary reduction 1872  Unemployment insurance, time extension 53, 288, 420, 1872 Federal Supply Service, appropriation for 226, 626 Federal Tax Lien Act of 1966, appropriation for effecting provisions 616 Federal Trade Commission:  Appropriation for 228, 1840  Deepwater ports, license applications, submittal to 2136  Magnuson-Moss Warranty—Federal Trade Commission Improvement Act 2183  National Commission on Electronic Fund Transfers, member 1508  Reporting requirements, modification of certain 1972  Unfair or deceptive practices in or affecting commerce, rulemaking procedures, study 2198  Unfair trade practices, investigation, cooperation 2054 Federal Trade Commission Act:  Amendments—   Civil actions, representation authority 2199   Commerce, unfair or deceptive practices in or affecting, rulemaking authority 2193   Consumer redress 2201   Investigatory authority, extension 2198   Jurisdiction, expansion 2193   Unfair or deceptive practices to consumers, knowing violations of rules, penalties 2200  Repeal of certain provision 2200 Federal Trade Commission Improvement Act, Magnuson-Moss Warranty 2183 Federal Water Pollution Control Act:  Amendments—   Extension of program 1924   Fish and wildlife enhancement, cost-sharing requirements 33  Appropriation for effecting provisions 1836  Public facility and housing assistance, applications in areas affected by major disasters, priority 151 Federal Water Pollution Control Act Amendments of 1972, appropriation for effecting provisions 1836 Federal Water Project Recreation Act, Amendment, fish and wildlife enhancement, cost-sharing requirements 33 Fine Arts, Commission of, appropriation for 227, 818 Fire Data Center, National, establishment 1541 Fire Prevention and Control, National Academy for, establishment 1537 Fire Prevention and Control Act of 1974, Federal 1535  Appropriation for effecting provisions 1198 Fire Prevention and Control Administration, National:  Appropriation for 1198  Establishment 1536 Fire Prevention Week, 1974, proclamation 2521 Fire Research Center, establishment 1546 Fire Training and Education, Committee on, establishment 1539 Firearms, Bureau of Alcohol, Tobacco and, appropriation for 225, 614 Firefighters, Federal, retirement benefits 355 Firemen’s Retirement and Disability Act, Policemen and, Amendments:  Disability retirement—   Pay computation 2177   Recommendation, examination 1040, 1041  Survivor benefits 1041 Firemen’s Salary Act of 1958, District of Columbia Police and, Amendments, technical amendments 2173 First Continental Congress, two hundredth anniversary; ceremony, printing of additional copies 2401, 2431 Fiscal Year, change to begin October 1 321C41 Fish and Wildlife Act of 1956, Amendments:  Commissioner of Fish and Wildlife, abolishment 92  United States Fish and Wildlife Service, establishment of new 92 Fish and Wildlife Coordination Act of 1958, appropriation for effecting provisions 783, 785, 788 Fish and Wildlife Service, United States:  Appropriation for 805  Establishment of new 92 Fish Conservation Act, Anadromous:  Amendments—   Extension 398   Sea lamprey control 398   State cooperative agreements, Federal share increase 398  Appropriation for effecting provisions 805 Fisheries Act of 1950, Northwest Atlantic, Amendment, fish conservation, international enforcement, U.S. participation 293 Fisheries and Wildlife, Bureau of Sport:  Appropriation for 200, 222  Federal agency loan of personnel and equipment 123  Replacement by United States Fish and Wildlife Service 92 Fisheries Commission, Atlantic States Marine, appropriation for 1198 Fisheries Commission, Gulf States Marine, appropriation for 1198 Fisheries Commission, Pacific Marine, appropriation for 1198 Fisheries Commissions, International, appropriation for 1191 Fishermen, Migratory, education programs for children of, grants 492 Fishermen’s Guaranty Fund, appropriation for 1198 Fishermen’s Protective Fund, appropriation for 210 Fishing Day, National Hunting and:  Designation 1166  Proclamation 2513 Fishing Vessels, exemption from certain inspection and loadline requirements 1182, 1183 Flag Day and National Flag Week, 1974, proclamation 2484 Flag of the United States, Armed Forces reserve components, presentation for deceased members 176 Flood Control:  Appropriation for 784  Mississippi River, appropriation for 207, 784 Flood Control Act of 1936, appropriation for effecting provisions 1838 Flood Control Act of 1941, Amendment, clean drinking water, emergency supplies 34 Flood Control Act of 1944, appropriation for effecting provisions 789 Flood Control Act of 1948, Amendment, small projects in disaster areas 29 Flood Control Act of 1950, appropriation for effecting provisions 195 Flood Control Act of 1954, Amendment, flood control, debris removal, and channel clearing, increased allotment 20 Flood Control Act of 1960, Amendments:  Floods and damages, authorization of funds 30  Public road substitution 17 Flood Control Act of 1966, Amendment, Great South Bay, N.Y., flood control survey, report 33 Flood Control Act of 1970, Amendments:  Auburn Dam and Reservoir, American River, Calif., road and bridge construction 22  Niobrara, Nebr., seepage and drainage problem, increased funds 19 Flood Insurance Act of 1968, National, appropriation for effecting provisions 1097 Flood Prevention Act, Watershed Protection and, appropriation for effecting provisions 1837 Florida:  Big Cypress National Preserve, establishment 1258  Biscayne National Monument, acquisition ceiling increase; boundary changes 1445, 1446  Bradwell Bay Wilderness, designation 2097  Canaveral National Seashore, establishment 2121  Egmont Key National Wildlife Refuge, establishment 295  Florida Keys and St. Marks Wilderness areas, designation 2153  Key West, Overseas Highway to, authorization of funds for reconstruction of bridges 2288  Marion County, conveyance of mineral interests in 190, 399  Spessard L. Holland Visitor Center, designation 2124  W. Turner Wallis Pumping Station, designation 141 Food, Drug, and Cosmetic Act, Federal, Amendment, bottled drinking water standards 1694 Food and Agriculture Act of 1965, appropriation for effecting provisions 1829 Food and Drug Administration:  Appropriation for 220, 1840  Arthritis Coordinating Committee, member 2221 Food and Nutrition Service, appropriation for 195, 1840 Food Shortages, countries most seriously affected by, U.S. policy 1819 Food Stamp Act of 1964:  Amendments—   Federal payments to States 341   Supplemental security income recipients, eligibility extension 291  Appropriation for effecting provisions 1841 Fora, Gerald R., best wishes from Congress 2409 Foreign Affairs:  Additional funds authorized for 237, 1439  Appropriation for administration 207, 224, 1187 Foreign Agricultural Service, appropriation for 217, 1828 Foreign Assistance Act of 1961:  Amendments—   Cambodia, limitations on assistance 1810   Drought stricken African nations, disaster relief 290   Economic assistance—    Agricultural credit programs 1796    Countries engaged in certain trade or shipping, assistance prohibition, Presidential waiver authority 1805C42    Development assistance, loan receipts, disposition 1796    Education and human resources development 1796    Famine or disaster relief 1803    Food and nutrition 1795    Housing guaranties 1796    International organizations and programs 1798    Overseas Private Investment Corporation, extension of authority 763–768    Police training, prohibition 1804    Population planning 1795   Ethiopia, appropriation limitation 290   Greece, assistance to, repeal of prohibition 1802   Intelligence activities and exchanges of materials, limitation 1804   Middle East, assistance to nations in 1812   Military assistance—    Authorization of funds 1798    Defense articles, stockpiling for foreign countries 1799    Excess defense articles 1799    Military assistance advisory groups and missions 1799    Security supporting assistance 1800    South Vietnam, restriction on assistance 1798    Transfer between accounts 1800    Turkey, suspension of assistance to 1801   Military bases abroad, access to 1803   North Vietnam, aid to nations trading with, prohibition 1801   Pakistan and Nicaragua, disaster relief assistance 290   Population, narcotics, international humanitarian and regional programs 1812   Portugal and Portuguese colonies gaining independence, assistance to 1818   Reimbursable development programs 1804   Security assistance and human rights 1815   United Arab Republic, restriction on assistance to, repeal of provision 1813   Use of funds, limitation 1800   Women, integration into national economies 1818  Repeal of certain provision 1804 Foreign Assistance Act of 1973, Amendment, repeal of certain provision 1803 Foreign Assistance Act of 1974 1795 Foreign Claims Settlement Commission:  Appropriation for 228, 1205  Hungary, claims against by American nationals 1386 Foreign Direct Investment Regulation, appropriation for 218 Foreign Disaster Assistance Act of 1974 290 Foreign Investment Study Act of 1974 1450 Foreign Military Sales Act, Amendment, defense services or articles, eligibility; credit sales 1813 Foreign Policy, Commission on the Organization of the Government for the Conduct of, appropriation for 1204 “Foreign Policy Implications of the Energy Crisis”, hearings, printing of additional copies 2400 Foreign Relations Authorization Act of 1972, appropriation for effecting provisions 1204 Foreign Service Act of 1946:  Amendment, Foreign Service officers, assignments to public organizations 1440  Appropriation for effecting provisions 1187–1189, 1191, 1205, 1207 Foreign Service Buildings Act, 1926:  Amendment, construction and maintenance abroad, additional authorization 83  Appropriation for effecting provisions 1188 Foreign Service Personnel, death gratuities 1441 Foreign Service Retirement and Disability Fund, restrictions on payments to 1440 Foreign Trade Board, East-West, establishment 2065 Forest and Rangeland Renewable Resources Planning Act of 1974 476 Forest Highways:  Appropriation for 774  Funds, availability 293 Forest Products Week, National, 1974, proclamation 2496 Forest Service:  Appropriation for 201, 218, 805, 815  Budget authority, rescission of certain 1711  Pueblo of Acoma Tribe, N. Mex., land exchange 1738  Tree planting, assistance to States, appropriation for 817 Forestry Week, American and Forestry Day, World, 1974, proclamation 2459 Former Presidents Act of 1958, appropriation for effecting provisions 1782 Formosa Resolution, repeal 1439 Fort Necessity National Battlefield, Pa., appropriation ceding increase; boundary change 1445, 1446 France, Canada-France-Hawaii Telescope Project, telescope and articles for, duty-free entry 2152 Frank M. Scarlett Federal Building, Brunswick, Ga., designation 1920 Freedom of Information Act. See Public Information under Government Organization and Employees. Funeral Transportation and Living Expense Benefits Act of 1974 53 Fur Seal Act of 1966, appropriation for effecting provisions 1198 Gallaudet College, D.C., appropriation for 204, 1646 Gambling, State-conducted lotteries, advertising 1916 Gambling, Commission on the Review of the National Policy Toward, appropriation for 621 Gas, Office of Oil and:  Appropriation for 200  Transfer of functions to Federal Energy Administration 100 Gas and Oil:  Appropriation for certain programs 278  Deepwater ports, oil discharge, liability 2141  Naval petroleum reserves, appropriation for 1218  Recovery, field testing of nuclear explosives for, restriction on funds 279 Gas Pipeline Safety Act Amendments of 1974, Natural 802C43 Gas Pipeline Safety Act of 1968, Natural:  Amendments—   Funds, authorization 802   Pipeline safety programs, allocation of funds to States 802  Appropriation for effecting provisions 769 General Accounting Office:  Appropriation for 215, 443  Claims, time limit for filing with 1965  Comptroller General. See separate title.  Congressional Budget Office, utilization of services and facilities 303  Educational data consortium, participation 558  Harry S Truman Scholarship Foundation, audit 2279  Legal Services Corporation, audit of certain financial transactions 387  Office of Program Review and Evaluation, establishment 326  Small Business Administration, audit 750  Transportation payment auditing functions, transfer to General Services Administration 1960 General Accounting Office Act of 1974 1959 General Agreement on Tariffs and Trade:  Revision, steps toward 1986  U.S. contribution, appropriation authorization 1987 General Education Provisions Act:  Amendments—   Busing, use of appropriated funds for, prohibition 519   Education programs, administration 556–576   Education records, access to 1858–1862   National Center for Education Statistics, establishment 556   Parents and students, protection of rights and privacy 571, 574   State use of Federal funds, report 571  Appropriation for effecting provisions 818, 1642, 1643, 1773, 1774 General Medical Sciences, National Institute of:  Appropriation for 1639  National Commission on Arthritis and Related Musculoskeletal Diseases, ex officio member 2218  National Commission on Diabetes, member 374 General Pulaski’s Memorial Day, 1974, proclamation 2528 General Services Administration:  Administrator, Office of the, appropriation for 226  American Indian Policy Review Commission, delivery of records and papers to 1913  Appropriation for 226, 621, 1781, 1840  Arkansas, certain real property in, release of conditions 1925  Automated Data and Telecommunications Service, appropriation for 226, 627  Consumer Information Center, appropriation for 1840  Economic development programs, excess Federal property for, acquisition through 1162  Emergency preparedness, appropriation for 226  Federal Property and Administrative Services Act of 1949. See separate title.  Federal Register. See separate title.  Federal Supply Service, appropriation for 226, 626  Former Presidents, appropriation for office staff, etc 628  General provisions, Appropriation Act 628–630  Indian reservations, excess Federal property within, disposal 1954  National Archives and Records Service. See separate title.  National Railway Historical Society, Inc., Hawaii Chapter, surplus property donations 1742  National Study Commission on Records and Documents of Federal Officials, member; support services 1700, 1701  Presidential tapes and other historic materials, control of 1695  Property Management and Disposal Service, appropriation for 226  Public Buildings Service, appropriation for 226  Solar heating and cooling systems, cooperation 1074, 1078  Transportation payment, transfer of auditing function to 1960  Vending facilities on Federal property, priority to blind persons to operate, regulations 1623 Geological Survey:  Appropriation for 222, 277, 808, 1783  Scientific examinations outside national domain, report modification 1971 Georgia:  Blackbeard Island and Wolf Island Wilderness areas, designation 2153  Chattooga River, component of national wild and scenic rivers system, designation 122  Cohutta Wilderness, designation 2098  Ellicott Rock Wilderness, designation 2097  Frank M. Scarlett Federal Building, Brunswick, designation 1920  Jasper County Board of Education, land conveyance to 2361  Okefenokee Wilderness, designation 1179 Geothermal Energy Coordination and Management Project, establishment 1080 Geothermal Energy Research, Development, and Demonstration Act of 1974 1079 Geothermal Resources Development Fund, establishment 1087 Girl Scouts, exemption from sex discrimination prohibitions 1862 Gold:  Medals, restriction on use in 1978  Ownership and dealings in by U.S. citizens 445 Gold and Silver, transactions for delivery pursuant to leverage contracts 1405 Golden Age Passports, lifetime admission permit 193 Golden Gate National Recreation Area, Calif., additional lands 1741 Gorgas Memorial Institute, authorization increase 1816 Gospel Missionary Union, Alaska, land conveyance 2384 Government Corporation Control Act:  Amendments—   Audit, frequency 1962   Pension Benefit Guaranty Corporation, a Government entity 1005C44  Appropriation for effecting provisions 1641, 1830 Government National Mortgage Association, appropriation for 1096, 1106 Government Organization and Employees. See also individual departments and agencies.  Audio-visual publications for official use, advance subscription payments 1731  Blind and Visually Handicapped, Office for the, additional personnel 1629  Blind vending facility program on Federal property 1622  Child support and alimony obligations, garnishment of wages 2357  City taxes, withholding certain 294  Civil Service employees leaving Federal employment for positions in Indian tribal organizations, retention of employee benefits 2209  Civil Service Retirement Fund, payments to by United States Postal Service 354  Claims—   Appropriation for settlement 213   Personal property claims, limit on payments, increase 1381  Commission on Federal Paperwork, cooperation 1792  Commodity Futures Trading Commission, cooperation; members, compensation 1391, 1392  Community development programs, cooperation 651  Congressional Budget Office, information to 303  Disaster assistance, cooperation 148  Economic development program evaluations, cooperation 2329  Education and Training of the Handicapped, Bureau of, Deputy Commissioner and assistants, compensation 579  Employment, age discrimination, prohibition 74  Energy Research and Development Administration, utilization of agency personnel and services 1239  Federal Energy Administration, cooperation 101  Federal Energy Administration Act of 1974, energy programs under, management oversight review 111  Federal Procurement Policy, Administrator, compensation 799  Fire prevention and control programs, assistance and coordination 1548  Firefighters and law enforcement personnel, retirement benefits 355  Foreign investment study, utilization of agency services and facilities 1453  Geothermal Energy Coordination and Management Project, cooperation 1081–1084  Government corporations, audit 1962  Harry S Truman Scholarship Foundation, establishment 2277  Health insurance—   Access to services of optometrists and clinical psychologists 398   Contract disputes, coverage determination 4   Government contribution, increase 3   Medicare, coordination with 1454   Retired employees, coverage 4  Imports, exports, and production, uniform statistical data study, cooperation 2074  Indian Financing Act of 1974, management and technical assistance, cooperation 83  Internal Revenue Service, additional positions 951  International Trade Commission, United States, chairman and members, compensation 2010  Joint Funding Simplification Act of 1974 1604  Juvenile justice and delinquency prevention programs, utilization of services and facilities 1115  Labor, Department of, additional positions 894  Law enforcement and firefighter personnel, retirement benefits 355  Management and Budget, Office of. Senate confirmation of Director and Deputy Director 11  Minimum wage, increase 55  Mobile home construction and safety standards, cooperation 704  National Commission on Electronic Fund Transfers, assistance 1510  National Commission on Libraries and Information Science, cooperation and assistance 1857  National Institute on Alcohol Abuse and Alcoholism, additional higher level positions 137  National Planning and Advisory Council, cooperation 1631  Nonappropriated fund activities, audit 1961  Noxious weeds, eradication, control, etc., cooperation 2151  Nuclear energy center site survey, cooperation 1247  Nuclear Regulatory Research, Office of, cooperation 1246  Oceans and International Environmental and Scientific Affairs, Bureau of, Assistant Secretary, compensation 238  Pay reductions resulting from E.O. 11777, prevention 1743  Pension Benefit Guaranty Corporation, members, compensation 1005  Privacy Act of 1974 1896  Public information—   Administrative deadlines 1562   Document search and duplication fees, regulations 1561   Federal agency indexes, publication 1561  Reporting requirements, modification 1967  Retired Federal Employees Health Benefits Act, appropriation for effecting provisions 620  Retirement—   Annuity increases 93   Civil Service Retirement Fund, payments to by United States Postal Service 354   Employee benefit plans, cooperation 894, 1006   Law enforcement and firefighter personnel 355   Surviving spouse annuity reduction, elimination 1438C45   Survivor annuities 76  Retroactive pay costs for fiscal year 1973, appropriation for 230  Salinity control programs downstream from the Imperial Dam, Colorado River Basin, cooperation 270  Small Business Administration—   Associate Administrator for Minority Small Business, designation 748   Chief Counsel for Advocacy, designation 749  State and local officers and employees, political activities 1290  Trade agreement programs, cooperation 2000  Trade Negotiations, Special Representative and Deputy Special Representatives for, compensation 1999  Transportation payments, audit 1960  Transportation regulations study, cooperation 257  Travel expenses, restrictions 1784  U.S. investigative or law enforcement officers, certain torts, liability 50  Veterans, employment 1593  Vouchers, examination of 1959  Wage and Price Stability, Council on, Director, compensation; cooperation 750  Work injury compensation, extention of benefits 1143 Government Printing Office:  Appropriation for 215, 442, 1778  Audit, frequency 1965  Disbursing and certifying officers 1384  Employees, erroneous payment claims, waiver 393  Relocation, appropriation for environmental impact study 1778  Superintendent of Documents, Office of, appropriation for 215, 442 Grand Canyon National Monument, Ariz., abolishment 2090 Grand Canyon National Park Enlargement Act 2089 Granger Dam and Lake, Tex., designation 2153 Grapes, export grade standards 1966 Great Dismal Swamp National Wildlife Refuge. Va.-N.C., establishment 801 Great South Bay, N.Y., flood control survey, report 33 Greece, assistance to 1802 “Greece, Controlling the Damage: United States Policy Options for”, printing of copies 2405 Guam:  Child abuse and neglect, demonstration programs, treatment as a State 2310  Excess Federal property, disposal 1926  Fire control, watershed protection, and reforestation, Federal assistance 1154  Gifts sent from, duty and tax, exemption 2075  Government transactions, elimination of reporting requirements 1969  Handicapped children in, education programs, grants 581  Headstart programs, allotment of funds 2301  Medical facilities, modernization and construction projects, allotment of funds 2262  Public water system safety program 1693  Social services programs, allotment of funds 2339  Submerged lands, conveyance to 1210  Teacher corps assistance 605  Vessels, exchange for conversion and operation in unsubsidized service between west coast and Guam, contract amendment 232 Guinea-Bissau, independence of, U.S. policy on 1816 Gulf States Marine Fisheries Commission, appropriation for 1198 Handicapped:  Blind. See separate title.  Books for, appropriation for 207, 440  Children—   Education programs, grants 491   Education programs in American Samoa, grants 581   Headstart programs, enrollment opportunity 2301  Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped—   Additional member 393   Appropriation authorization 393   Appropriation for 621   Name changed to Committee for Purchase from the Blind and Other Severely Handicapped 392  Housing loans 669–671  Mass transportation facilities, utilization 2282  National Employ the Handicapped Week, 1974, proclamation 2507  Urban mass transportation, fares 1571, 1572 Handicapped, Bureau of Education and Training of the, Deputy Commissioner and assistants, compensation 579 Handicapped, President’s Committee on Employment of the, appropriation for 223 Handicapped Act, Education of the:  Amendments—   Programs, extension 579–585   Puerto Rico, treatment as a State 611  Appropriation for effecting provisions 1774 Handicapped Amendments of 1974, Education of the 579 Handicapped Individuals Act, White House Conference on 1631 Harpers Ferry National Historical Park, W. Va., additional lands and interpretive shuttle service 1420 Harry S Truman Memorial Scholarship Act 2276 Harry S. Truman Memorial Veterans’ Hospital, Mo., designation 1957 Harry S Truman Scholarship Foundation, establishment 2277 Hatch Act (Experiment Stations), appropriation for effecting provisions 1825 Havasupai Indians, Ariz., lands held in trust for 2091 Hawaii:  Canada-France-Hawaii Telescope Project, telescope and articles for, duty-free entry 2152  Ferry operations in 2284  National Railway Historical Society, Inc., Hawaii Chapter, surplus property donations 1742  Native American Programs Act of 1974 2324  Payments to, care and treatment of persons afflicted with leprosy 1637 Hazardous Materials Transportation Act C46 Hazardous Materials Transportation Control Act of 1970, repeal 2163 Headstart, Economic Opportunity, and Community Partnership Act of 1974 2291 Headstart-Follow Through Act 2300 Health, Education, and Welfare, Department of:  Adaptive equipment and adapted conveyances for disabled persons, research and development, cooperation 1737  Aging, Administration on, Commissioner, delegation of functions, modification 357  Aging, research program 186  Alcohol, Drug Abuse, and Mental Health Administration—   Appropriation for 1640, 1773   Establishment 134   National Research Service Awards 342  Alcohol and Drug Abuse Education Act Amendments of 1974 1154  Alcohol and drug abuse education projects, fund recipients, audit of records 1157  Alcoholic Counseling and Recovery program 2299  American Printing House for the Blind, appropriation for 1646  Appointments by, National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, members 348  Appropriation Act, 1975 1637  Appropriation for 201, 202, 220, 1637, 1773, 1840  Architectural and Transportation Barriers Compliance Board, Chairman 1621  Arthritis and Related Musculoskeletal Diseases, National Commission on, establishment 2218  Arthritis Coordinating Committee, establishment; member 2221  Arthritis Screening and Detection Data Bank, establishment 2222  Assistant Secretary for Health, Office of—   Appropriation for 1641   National Council on Health Planning and Development, ex officio member 2228  Assistant Secretary for Human Development, Office of, appropriation for 1646  Athletic injuries, study 603  Biomedical and behavioral research—   Ethics guidance program 353   Peer review of grant applications and contracts 360  Blind vendors, nationally administered retirement, pension, and health insurance system, study 1630  Career Education, National Advisory Council for, member 552  Child Abuse and Neglect, Advisory Board on, appointment 7  Child Abuse Prevention and Treatment Act 4   Amendment, demonstration programs, definition of “State” 2310   Appropriation for effecting provisions 204, 1646  Child Development, Office of, appropriation for 204  Civil Rights, Office for, appropriation for 1647  Coal conversion, effects on public health, study 259  Community Education Advisory Council, establishment 550  Community Services Act of 1974 2292  Comprehensive arthritis centers, report to congressional committees 2223  Comprehensive Health Services program, establishment 2298  Consumer Affairs, Office of, appropriation for 1840  Controlled Substances Act. See separate title.  Day care program 2310  Disabled veterans, employment within the Federal Government, regulations 1594  Disease Control, Center for, appropriation for 1638  Drinking water—   Bottled, promulgation of regulations 1694   National regulations for 1664   State underground injection control programs, regulations for 1675  Drug rehabilitation program 2299  Economic development programs, report to congressional committees 2306,2326  Education. See separate title.  Education, Office of. See separate title.  Education, Office of the Assistant Secretary for, appropriation for 220  Education Amendments of 1974 484  Education Division, appropriation for 1641  Education Statistics, Advisory Council on, establishment 556  Education Statistics, National Center for—   Career Education, National Advisory Council for, member 522   Establishment 556   Poverty data, study, cooperation 601  Elderly and handicapped persons, low-income housing, cooperation 669  Environmental Education Act—   Amendments, time extension 121   Appropriation for effecting provisions 1641  Fetal research, limitation 353  Follow Through Programs 2306  Food and Drug Administration—   Appropriation for 220, 1840   Arthritis Coordinating Committee, member 2221  Gallaudet College, appropriation for 204, 1646  General provisions, Appropriation Act 1647, 1651  Headstart programs, extension; assistance recipients, audit 2300, 2305  Health Care Management Center, designation 364  Health Care Technology Center, designation 364  Health Resources Administration, appropriation for 1641, 1773  Health Services Administration—   Advisory Board on Child Abuse and Neglect, member 7   Appropriation for 818, 1637, 1773  Health Services and Mental Health Administration, appropriation for 201, 202, 220  Health statistics and health services research, authority 362C47  Howard University, appropriation for 204, 1646  Indian Health Services, appropriation for 201, 818  Indians—   Education assistance programs, report, consultation 2214   Self-determination programs, rules and regulations 2212  Interagency Committee on Federal Activities for Alcohol Abuse and Alcoholism, establishment 133  John E. Fogarty International Center for Advanced Study in the Health Sciences, appropriation for 1640  Juvenile Justice and Delinquency Prevention, Coordinating Council on, member 1116  Juvenile justice and delinquency prevention programs, coordination with 1115  Medical facility modernization and construction projects—   Assistance 2258   Assistance recipients, audit 2273  National Advisory Council on Aging, establishment 185  National Cancer Act Amendments of 1974 358  National Cancer Institute—   Appropriation for 1638   Program extension 358   Uterine cancer diagnosis, trial program 359  National Center for Deaf-Blind Youths and Adults, elimination of report to Congress 1968  National Center for Health Services Research, establishment 363  National Center for Health Statistics, establishment 365  National Center on Child Abuse and Neglect, establishment 5  National Commission on Arthritis and Related Musculoskeletal Diseases, ex officio member 2218  National Committee on Vital and Health Statistics, United States, establishment 366  National Council on Health Planning and Development, establishment 2228  National Eye Institute—   Appropriation for 1639   National Commission on Diabetes, member 374  National health planning information center, establishment 2254  National Health Service Corps, scholarship program, extension 741  National Heart and Lung Institute—   Appropriation for 1638   National Commission on Diabetes, member 374  National Institute of Allergy and Infectious Diseases—   Appropriation for 1639   National Commission on Arthritis and Related Musculoskeletal Diseases, ex officio member 2218  National Institute of Arthritis, Metabolism, and Digestive Diseases—   Appropriation for 1639   Associate Director for Arthritis and Related Musculoskeletal Disease 2224   National Commission on Arthritis and Related Musculoskeletal Diseases, ex officio member 2218   National Commission on Diabetes, member 374  National Institute of Child Health and Human Development—   Advisory Board on Child Abuse and Neglect, member 7   Appropriation for 1639   National Commission on Diabetes, member 374  National Institute of Dental Research—   Appropriation for 1639   National Commission on Diabetes, member 374  National Institute of Education. See separate title.  National Institute of Environmental Health Sciences—   Appropriation for 1639   Coal conversion, effects on public health, study 259  National Institute of General Medical Sciences—   Appropriation for 1639   National Commission on Arthritis and Related Musculoskeletal Diseases, ex officio member 2218   National Commission on Diabetes, member 374  National Institute of Mental Health—   Advisory Board on Child Abuse and Neglect, member 7   Biomedical and behavioral research, peer review of grant applications and contracts, cooperation 360   Crisis counseling assistance and training 157   Establishment 135  National Institute of Neurological Diseases and Stroke—   Appropriation for 1639   National Commission on Diabetes, member 374  National Institute on Aging, establishment 185  National Institute on Alcohol Abuse and Alcoholism—   Biomedical and behavioral research, peer review of grant applications and contracts, cooperation 360   Departmental position of 135   Interagency Committee on Federal Activities for Alcohol Abuse and Alcoholism, Chairman 133  National Institute on Drug Abuse—   Biomedical and behavioral research, peer review of grant applications and contracts, cooperation 360   Departmental position of 136  National Institutes of Health. See separate title.  National Library of Medicine, appropriation for 1640  National Panel on Alcohol, Drug Abuse, and Mental Health, establishment 134  National Planning and Advisory Council, cooperation 1631  National Technical Institute for the Deaf, appropriation for 1646  Native American programs, assistance recipients, audit 2325  Native American Programs Act of 1974 2324C48  Older Americans Act of 1965. See separate title.  Parent Locator Service, establishment 2353  Pension plan registration, report to by and cooperation with Department of Labor 944  Poverty data, school-age children to be counted, study, cooperation 600, 601  Public Health Service Act. See separate title.  Railroad Retirement Board, cooperation 1340, 1343  Rehabilitation Act Amendments of 1974 1617  Rehabilitation Act of 1973—   Amendments—    Program extension 1618, 1619    Rehabilitation Services Administration, transfer to Office of the Secretary of Health, Education, and Welfare 1617   Appropriation for effecting provisions 204, 1644  Rehabilitation Services Administration—   Adaptive equipment and adapted conveyances, research and development, cooperation 1737   Office for the Blind and Visually Handicapped, additional personnel 1629   Transfer to Office of the Secretary 1617  Research and health service programs, individual rights 353  Research on human subjects, informed consent requirement 1652  Runaway Youth Act 1129  Safe school study 602  Saint Elizabeths Hospital—   Appropriation for 1640, 1773   United States prisoners, reimbursement for support of 1194  Secretary, Office of the, appropriation for 221, 1647  Social and Rehabilitation Service—   Advisory Board on Child Abuse and Neglect, member 7   Appropriation for 203, 1643  Social Security Act. See separate title.  Social Security Administration, appropriation for 204, 221, 1644  Social Security Amendments of 1965, appropriation for effecting provisions 1644  Social Security Amendments of 1972—   Amendment, inspectors of long-term care institutions, payments to, effective date, extension 422   Appropriation for effecting provisions 1773  Social security-income tax reporting on annual basis, study and report to congressional committees 1468  Social Services Amendments of 1974 2337  State health authorities, conference of 371  State health planning and development agencies, audit 2245  Sudden Infant Death Syndrome Act of 1974 90  Supplemental security income, payment adjustment, regulations 291  Teaching hospitals, payments for professional services, study and report, time extension 422  Tuskegee syphilis study, payments to subjects 1638  Unfair trade practices, investigation, cooperation 2054  Uterine cancer diagnosis, trial program 359  Vending facilities on Federal property, priority to blind persons to operate, regulations 1623  Veteran’s employment, outreach and public information program 1848  Women’s Educational Programs, Advisory Council on, member 555 Health, Education, and Welfare Appropriation Act, 1968, Department of, appropriation for effecting provisions 1641, 1643 Health, National Institutes of. See National Institutes of Health. Health Benefits Act, Retired Federal Employees, appropriation for effecting provisions 620 Health Care Institutions:  Employees, conscientious objection to labor organization membership, exemption for 397  Labor disputes, conciliation of 396 Health Care Management Center, designation 364 Health Care Technology Center, designation 364 Health Coordinating Council, Statewide, organization and functions 2247 Health Planning and Development, National Council on, establishment 2228 Health Planning and Resources Development Act of 1974, National 2225 Health Programs Extension Act of 1973, Amendments, Federally funded research projects, individual rights 353 Health Research Act of 1960, International, appropriation for effecting provision 1644 Health Resources Administration, appropriation for 1641, 1773 Health Sciences, international cooperation 367 Health Sciences, John E. Fogarty International Center for Advanced Study in the, appropriation for 1640 Health Service Act, Public. See Public Health Service Act. Health Service Corps, National, scholarship program, extension 741 Health Services Administration:  Advisory Board on Child Abuse and Neglect, member 7  Appropriation for 818, 1637, 1773 Health Services and Mental Health Administration, appropriation for 201, 202, 220 Health Services Program, Comprehensive 2298 Health Services Research, Health Statistics, and Medical Libraries Act of 1974 362 Health Services Research, National Center for, establishment 363 Health Services Research and Evaluation and Health Statistics Act of 1974 362  Appropriation for effecting provisions 1637 Health Statistics, National Center for, establishment 365C49 Heart and Lung Institute, National:  Appropriation for 1638  National Commission on Diabetes, member 374 Heart Month, American, 1974, proclamation 2444 Helicopters, operation within the Grand Canyon National Park, Ariz., regulation 2091 Helium, potential energy applications of, study 1237 Hensley Lake, Calif., designation 1959 High-Speed Ground Transportation, system between major west coast cities, feasibility study 1531 Higher Education Act of 1965:  Amendment—   Insured loan program, audit requirement, revision 1964   Legal professions, training assistance 605   Programs, extension and expansion 603   Student loans, interest subsidy payments 87   Students, financial evaluation 89  Appropriation for effecting provisions 203, 1642, 1643  Legal education fellowship program, extension of funds for 296 Higher Education Facilities Act of 1963, Amendment, technical 164 Highway Act of 1968, Federal-Aid, appropriation for effecting provisions 774 Highway Act of 1970, Federal-Aid, rescission of certain budget authority under 1710 Highway Act of 1973, Federal-Aid. See Federal-Aid Highway Act of 1973 Highway Administration, Federal, appropriation for 211, 224, 772 Highway Energy Conservation Act, Emergency:  Amendment, carpool demonstration program applications, extension 2289  Repeal of certain provision 2286 Highway Safety Act of 1973, appropriation for effecting provisions 773 Highway Traffic Safety Administration, National, appropriation for 211, 224, 775 Highways:  Access highways to public recreation areas on certain lakes 2287  Alaska Highway, appropriation for 774  Baltimore-Washington Parkway, appropriation for 775  Bikeway demonstration program 2288  Bridges. See separate title.  Carpool demonstration program applications, extension 2289  Darien Gap Highway, appropriation for 774  Federal-Aid Highway Amendments of 1974 2281  Federal-aid highways, appropriation for 774  Ferry boats operating in Hawaii, Alaska, Washington, and Canada, Federal aid in construction 2284  Forest highways—   Appropriation for 774   Availability of funds 293  High-density urban highway intermodal transportation connection, demonstration project 2290  Indian reservation roads and bridges, authorization of funds 2281  Inter-American Highway, appropriation for 211  Interstate system, motor vehicle sizes and weights; enforcement 2283, 2284  Junkyards, control of 2281, 2285  National maximum speed limit 2286  Off-system roads 2281, 2289  Outdoor advertising, control of 2281, 2284  Overseas Highway to Key West, Fla., authorization of funds for reconstruction of bridges 2288  Primary and secondary systems in rural areas, authorization of funds 2281  Public mass transportation facilities, accessibility to the elderly and handicapped 2282  Rail crossings—   Northeast Corridor demonstration project 2288   Safety demonstration projects, appropriation for 773  Railroad grade crossings, demonstration project in Hammond, Ind 1575  Railroad-highway crossings—   Demonstration projects, appropriation for 211   Lafayette, Ind., demonstration project in, study 2282  Route withdrawals 2290  Safer roads program 2289  School bus driver training 2291  Special bridge replacement program, increased funds authorized 2286 Hispanic Heritage Week, National, 1974, proclamation 2501 Historic Preservation, Advisory Council on, rail terminals of historical or architectural significance, preservation or reuse program, consultation 1528 Historical and Archeological Data, preservation 174 Historical Association, American, National Study Commission on Records and Documents of Federal Officials, appointment of member 1700 Historical Publications and Records Commission, National, new name for National Historical Publications Commission 1734 Holding Company System Regulatory Act 752 Holifield National Laboratory, Tenn., designation 1977 Home Loan Bank Act, Federal. See Federal Home Loan Bank Act. Home Loan Bank Board, Federal:  Appropriation for 227  Certain securities, transfer of regulatory authority to 1503  National Commission on Electronic Fund Transfers, member 1508  Real estate settlement—   Congressional action, necessity for further, consultation 1730   Statement of costs, standard form, consultation 1725 Home Loan Mortgage Corporation Act, Federal, Amendments:  Mortgage purchases from State insured institutions, authority 1506  Mortgages, servicing by approved mortgagees 726  Older mortgages, purchase, limitation 726 Home Mortgage Assistance Act of 1974, Consumer 714C50  Federal savings and loan associations—   Increased authority 1502   Individual retirement accounts, trusteeship authority 1367   Lending and investment authority 715, 716  Investment of assets, technical amendment 725  Investments in Federal Home Loan Mortgage Corporation 727 Home Purchase Assistance Act of 1974, Emergency 1364 Honduras, relief, rehabilitation, and reconstruction assistance 1363 Honor America. June 14-July 4, 1974, celebration 2404 Hoover, Herbert, one hundredth birthday anniversary celebration 2407 Hoover, J. Edgar:  Commemorative medals 234  Tributes, compilation of, printing as Senate document 2399 Hoover Institution on War, Revolution, and Peace, Stanford University, Stanford, Calif., grants to 1918 Hopi and Navajo Tribes, Ariz., settlement of land dispute 1712 Hopi Indian Relocation Commission, Navajo and, establishment 1716 Horses, duty suspension 1459 Hospitals:  Alcohol abusers and alcoholics, admission 130  American Hospital of Paris, Inc., board of governors, membership 85  Employees, conscientious objection to labor organization membership, exemption for 397  Harry S. Truman Memorial Veterans’ Hospital, Mo., designation 1957  Labor disputes, conciliation of 395  Medical facilities, modernization and construction, assistance 2258  Nonprofit hospitals, extension of coverage to under National Labor Relations Act 396  Saint Elizabeths Hospital—   Appropriation for 1640, 1773   United States prisoners, reimbursement for support of 1194  Teaching hospitals, payments for professional services in, study and report, time extension 422  Veterans Administration. See separate title. House of Representatives. See also Congress; Legislative Branch of the Government.  Adjournment 2398, 2400, 2402, 2404, 2411, 2425  Adjournment, ruling 2406  Adjournment, sine die 2433  Administrative provisions, appropriation for 433, 1777  Agriculture, Committee on, report to by Commodity Futures Trading Commission, budget estimate and legislative recommendations 1390, 1391  Appropriation for 205, 214, 431, 1776  Appropriations, Committee on—   Bills and resolutions providing new spending authority, jurisdiction to report 317   Budget, Committee on the, members 299   Educational data consortium, participation 558   Elimination of certain reporting requirements to by Department of Defense 1968   Reports to—    Army, Department of the, military construction, etc 1747    Commodity Futures Trading Commission, budget estimate 1390    Education, Office of—     Alcohol and drug abuse education projects 1156     Disaster assistance for schools, expenditures 532     Educationally deprived children, program evaluation 500    Health, Education, and Welfare Department of—     Arthritis research, estimate of amount requested for 2221     Diabetes research, budget estimates 375     Sudden infant death syndrome research 90    Interior, Department of the—     Big Cypress National Preserve, Fla., land acquisition plan 1259     Big Thicket National Preserve, Tex., land acquisition plan 1256     Cuyahoga Valley National Recreation Area, Ohio, plans 1786    NASA, satellite services contracts 243   Spending authority and permanent budget authority, provisions of law, study 319  Armed Services Committee—   Aviation Career Incentive Act of 1974, progress report, cooperation 180   Reports to—    Air Force, Department of the, military construction, etc 1755    Army, Department of the—     Military construction, etc 1747     United States Army Command and General Staff College, degree criteria 407    Defense, Department of—     Cataloging and standardization programs, modification of report 1971     Medical officers, special pay program for 96     Military aid to South Vietnam, obligations of funds 405     Military construction, etc 1757     Nuclear weapons in Europe, study 402     TRIDENT site area, assistance 1764    Environmental Protection Agency, national drinking water regulations, compliance duty, waiver for security purposes, notice 1689    Health, Education and Welfare, Department of, special pay program for medical officers 96    Navy, Department of the, military construction, etc 1751C51  Banking and Currency, Committee on, reports to—   Housing and Urban Development, Department of, elimination of certain report 1968   Small Business Administration, allegations of illegal conduct and investigations 746  Barber shops, revolving fund, establishment 1776  Budget, Committee on the—   Additional budget reform proposals, study 326   Appropriation for 1776   Estabhshment 299   Reports to—    Congressional Budget Office, fiscal policy 304, 305    Congressional budget process 307    Joint Economic Committee, President’s Budget, economic evaluation 325  Clerk of the House, Federal Election Commission, ex officio member 1280  Contingent expenses, appropriation for 206, 214, 432, 434  District office equipment, purchase by members leaving office 1388  Education and Labor, Committee on—   Community economic development programs, study and report 2329   Educational data consortium, participation 558   Joint Pension Task Force 999   Pension plan termination insurance, proposed schedule 1012   Reports to—    Education, Office of, alcohol and drug abuse education projects 1156    Education programs 509, 532, 545, 557, 560, 564, 565, 568, 571, 596   Retirement plans, study, report 999  Federal Election Campaign Act Amendments of 1974 1263  Foreign Affairs, Committee on, reports to—   Defense, Department of, nuclear weapons in Europe, study 402   Overseas Private Investment Corporation, investment insurance, participation by private companies 765  Franked mail 52  Government Operations, Committee on, report by Office of Federal Procurement Policy, proposed policy or regulation 799  Interior and Insular Affairs, Committee on—   Indian tribes, revolving fund for loans to, elimination of Department of Interior report to 1970   Reports to—    Agriculture, Department of, national wild and scenic rivers system, exclusion of designated rivers 123    Interior, Department of the—     Big Cypress National Preserve, Fla., land acquisition plan 1259     Big Thicket National Preserve, Tex., land acquisition plan 1256     Canaveral National Seashore, Page Fla., land transfers; development plan 2122, 2126     Cape Lookout National Seashore, N.C., master development plan 1449     Certain submerged lands, proposed conveyance 1211     Cuyahoga Valley National Recreation Area, Ohio, plans 1786, 1788     Havasupai Indian, Ariz., plan for use of lands held in trust for 2092     Historical and archeological data preservation program 175     Indian education assistance programs 2214, 2216, 2217     National wild and scenic rivers system, exclusion of designated rivers 123   Wilderness areas, maps and descriptions filed with 2155  Interstate and Foreign Commerce, Committee on, reports to—   Environmental Protection Agency—    New motor vehicles, fuel economy improvement standard, study 261    Public water systems safety program, implementation 1691    Transportation regulations, study 257   Health, Education, and Welfare, Department of—    Advisory committees, termination of certain, recommendations 2275    Biomedical and behavioral research, study 346    Certain reporting requirements 2275    Diabetes research, budget estimates 375    Sudden infant death syndrome research and counseling 90, 92   Transportation, Department of, new motor vehicles, fuel economy improvement standard, study 261  Minority leader, appointment by, District of Columbia Law Revision Commission, member 480  Officers and employees, erroneous payment claims, waiver 395  Post Office and Civil Service, Committee on, reports to—   Civil Service Commission, Federal employee health insurance, coordination with Medicare 1454   Health, Education, and Welfare, Department of, Federal employee health insurance, coordination with Medicare 1454  Public Works, Committee on, report by Corps of Engineers, water resources development projects 13, 17, 28  Reports to—   Appropriations, Committee on, spending and permanent budget authority, recommendations 319   Budget, Committee on the—    Additional budget reform proposals, study 327    Congressional budget process 307    Off-budget agencies, study 325   General Accounting Office, audit of the Small Business Administration 750   Unfair trade practices 2042C52  Science and Astronautics, Committee on, reports to—   Interior, Department of the, Canaveral National Seashore, Fla., land transfers 2122   NASA—    Funds, use 241, 242    Satellite services contracts 243   National Science Foundation, transfer of funds; activities 1095  Speaker of the House—   Appointments by—    American Indian Policy Review Commission, members 1910    Commission of Federal Paperwork, members 1790    Congressional Budget Office, Director 302    District of Columbia Law Revision Commission, member 480    Harry S Truman Scholarship Foundation, members 2277    National Study Commission on Records and Documents of Federal Officials, members 1699    White House Conference on Education, National Conference Committee to guide and plan, members 598    White House Conference on Library and Information Services, advisory committee of, members 1857   Former, offices for, extension; 1723   Reports to—    American Indian Policy Review Commission, final 1913    Energy Research and Development Administration, joint Federal-industry corporations, establishment 1885    Federal agencies, freedom of information activities 1564    Federal Procurement Policy, Office of—     Activities and recommendations 798     Procurement study 797    Health, Education, and Welfare, Department of, child day care services requirements, evaluation 2342    Interior, Department of the, geological survey report, modification 1971    Military departments, contract awards 1761    NASA, use of funds 241, 242    National Science Foundation, transfer of funds 1095    Office of Education, public education, State equalization plan guidelines 610    President of the United States—     Defense articles or services, sale of 1814     Famine or disaster relief 1803     Middle East, assistance to nations in 1813     National Forest System, Renewable Resources Assessment and Program, Statement of Policy 478     Records maintained on individuals, disclosure, list of certain exempt records 1905    State, Department of—     Debt modification proposals 290     Vietnam, assistance to; United States personnel abroad 1444    Transportation, Department of, Deepwater Port Act of 1974, administration, activities, recommendations 2146    Veterans Administration, dependency and indemnity compensation claims, study 183  Teague, Charles M., deceased, payment to estate 205  Veterans’ Affairs, Committee on, report by Veterans Administration, education loans, default experience and rate 1591  Ways and Means, Committee on—   Budget, Committee on the, members 299   Joint Pension Task Force 999   Pension plan termination insurance, proposed schedule 1012   Reports to—    Civil Service Commission, Federal employee health insurance, coordination with Medicare 1454    Health, Education, and Welfare, Department of—     Federal employee health insurance, coordination with Medicare 1454     Social security-income tax reporting, annual basis 1468    Joint Committee on Internal Revenue Taxation, Renegotiation Act of 1951, study 423    U.S. imports and exports, statistics 2075   Retirement plans, study, report 999   Trade agreements, consultation 1983 Housing, rehabilitation of low-income rental housing, amortization provisions, extension 2109 Housing Act, National. See National Housing Act. Housing Act of 1937, United States:  Amendment, low-income housing assistance 653–667  Appropriation for effecting provisions 1096  Low rent public housing, annual contribution contracts, retroactive effect of repeal 668  Public facility and housing assistance, applications in areas affected by major disasters, priority 151 Housing Act of 1949:  Amendments—   Mobile home loans 699   Rural housing 692–700   Urban renewal projects, grants 652  Appropriation for effecting provisions 1097, 1832–1834  Neighborhood development programs, new grants or loans, prohibition 652  Urban renewal projects, new grants or loans, prohibition 652 Housing Act of 1950:  Amendment, housing for educational institutions, revision of audit requirement 1664  Appropriation for effecting provisions 1096  College housing, rescission of certain budget authority 1710C53 Housing Act of 1954:  Amendments—   Comprehensive planning 686–691   Construction contracts, repeal of specification requirements 668   Non-Federal public works, comprehensive planning program, inclusion of Trust Territory of the Pacific Islands 691   Technical 163  Appropriation for effecting provisions 1097  Public facility and housing assistance, applications in areas affected by major disasters, priority 151 Housing Act of 1959, Amendment, elderly and handicapped, housing loans 669–671 Housing Act of 1961:  Amendment, low rent public housing, annual contribution contracts, retroactive effect of repeal 668  Open-space land programs, new grants or loans, prohibition 652 Housing Act of 1964, Amendment, rehabilitation loan program, extension 652 Housing Amendments of 1955:  Public facilities, new grants or loans, prohibition 652  Public facility and housing assistance, applications in areas affected by major disasters, priority 151 Housing and Community Development Act of 1974 633  Appropriation for effecting provisions 1771  Assisted housing 653  Community development 633  Comprehensive planning 686  Consumer home mortgage assistance 714  Miscellaneous provisions 721  Mobile home construction and safety standards 700  Mortgage credit assistance 676  Rural housing 692 Housing and Urban Development, Department of:  Appropriation Act, 1975 1095  Appropriation for 200, 221, 1095, 1106, 1771  Assistant secretaries, additional 740  College housing, budget authority, rescission 1710  Community Development Corporation, renamed New Community Development Corporation 725  Community development corporations, assistance to 2322  Condominium and cooperative study 740  Energy conservation 678  Federal Disaster Assistance Administration, appropriation for 200  Federal Insurance Administration, appropriation for 1097  General Counsel, Office of, appropriation for 1098  General provisions, Appropriation Act 1108  Government National Mortgage Association, appropriation for 1096, 1106  Housing and Community Development Act of 1974 633   Appropriation for effecting provisions 1771  Inspector General, Office of, appropriation for 1098  Juvenile Justice and Delinquency Prevention, Coordinating Council on, member 1116  Lowell Historic Canal District Commission, ex officio member 2330  Lower income housing and State housing finance and development programs, direct financing, feasibility study 740  Medical facility assistance projects, loans and loan guarantees, assistance 2265  National Mobile Home Advisory Council, appointment 702  National Mobile Home Construction and Safety Standards Act of 1974 700  Real estate settlement, necessity for further congressional action, study 1730  Real Estate Settlement Procedures Act of 1974 1724  Solar Energy Coordination and Management Project, member 1432  Solar Heating and Cooling Demonstration Act of 1974 1069  Solar Heating and Cooling Information Data Bank, establishment 1075  Special housing needs, design and development, additional research authority 738  State housing finance and development agencies 722  Urban homesteading program 734  Veterans, farm housing assistance, eligibility for preference 694 Housing and Urban Development; Space, Science, Veterans, and Certain Other Independent Agencies Appropriation Act, 1975, Department of 1095 Housing and Urban Development Act, Department of Amendment, assistant secretaries, additional 740 Housing and Urban Development Act of 1964, Amendments:  Project grants and contracts 692  Training and fellowship programs, extension 691, 692 Housing and Urban Development Act of 1965:  Appropriation for effecting provisions 1096  Neighborhood facilities, new grants or loans, prohibition 652  Public facility and housing assistance, applications in areas affected by major disasters, priority 151  Water and sewer facilities, new grants or loans, prohibition 652 Housing and Urban Development Act of 1968:  Amendments—   Federal National Mortgage Association, certain transitional provisions, repeal 728   Flood insurance program 739   Interstate land sales 736   Low-and moderate-income housing, counseling and technical assistance 735   Lower income persons, employment opportunities, community development block grants 653   National Homeownership Foundation, audits, frequency 1963   National housing goals, congressional reaffirmation 721  Repeal of certain provisions 1968 Housing and Urban Development Act of 1970:  Amendments—   Experimental housing allowance program, expansion 725C54   New community program, technical amendment 725   Research, additional authority 738   Solar energy, use for heating and cooling homes, demonstration 738  Appropriation for effecting provisions 1097 “How Our Laws Are Made”, printing of additional copies 2422 Howard University, D.C., appropriation for 204, 1646 Hualapai Indian Tribe, Ariz., lands held in trust for 1820 Hudson River Basin, compact negotiations, elimination of certain reporting requirements 1969 Human Rights Day and Week—Bill of Rights Day, proclamation 2543 Humanities, National Endowment for the, appropriation for 819 Hungary, claims against by American nationals, determination 1386 Hunting and Fishing Day, National:  Designation 1166  Proclamation 2513 Idaho:  Coeur d’Alene, land conveyance by Interior Department 1740  Kootenai Tribe of Idaho, lands held in trust 1383  Public lands, exchange 1821 Illinois:  Chester Bridge, contract for operation, etc., time extension 1659  Chicago River, channel clearance 15  Salem, statue of William Jennings Bryan, conveyance to 1186 Immigration and Naturalization Service:  Appropriation for 223, 1193  Border facilities, increased funds for 794  Immigration inspection, transfer of certain functions to Treasury Department, nullification 50 Immunization Action Week, 1974, proclamation 2532 Impeachment Inquiry, hearing and final report, printing of additional copies 2407 “Impeachment of Richard M. Nixon, President of the United States”, printing of additional copies 2431 Imports:  Agricultural commodities, tariff schedules, proclamation 2437, 2440, 2457, 2487  Ball bearings, modification of trade agreement concessions; adjustment of duty, proclamation 2464  Brandy, modification of trade agreement concessions; adjustment of duty, proclamation 2494  Cattle, beef, veal, swine and pork, temporary quantitative limitation on importation into the United States from Canada, proclamation 2540  Duty-free entries—   Bicycle parts and accessories, certain 1466   Beneficiary developing countries, eligible articles from 2066   Carboxymethyl cellulose salts 1457   Copper 1534   Crude feathers and downs 1454   Horses 1459   Methanol 1456   Silk yarns 1549   Synthetic rutile 1422   Telescope and articles for the Canada-France-Hawaii Telescope Project 2152   Upholstery regulators, needles, and pins 2108  Foreign repairs and equipment on U.S. vessels, duty exemption 420  Meats, import limitations on certain, proclamation 2454, 2540  Petroleum and petroleum products, modification of importation, proclamation 2510  Puerto Rico, coffee, duty 2071  Sugars, sirups and molasses, tariffs and quota on certain, establishment, proclamation 2537 Impoundment Control Act of 1974 332 Independence National Historical Park, Pa., appropriation ceiling increase; boundary change 1445, 1446 Independent Agencies Appropriations Act, 1975 619 Independent Offices. See also Government Organization and Employees and individual titles.  Appropriation Act, 1975 619  Appropriation for 213, 227, 619, 790, 1099, 1781, 1834, 1840 Independent Safety Board Act of 1974 2166 India, assistance to, limitation 1802 Indian Affairs, Bureau of, appropriation for 200, 222, 809, 1783 Indian Business Development Program, establishment 82 Indian Claims Commission:  Appropriation for 228, 819  Authorization of funds 1499 Indian Claims Commission Act, Amendment, land claims, exclusion of food, rations, or provisions as payment of 1499 Indian Education Act, appropriation for effecting provisions 818 Indian Education Assistance Act 2213 Indian Financing Act of 1974 77  Appropriation for effecting provisions 811 Indian Health Services, appropriation for 201,818 Indian Loan Guaranty and Insurance Fund, establishment 82 Indian Opportunity, National Council on, appropriation for 228 Indian Revolving Loan Fund, establishment 78 Indian Self-Determination Act 2206 Indian Self-Determination and Education Assistance Act 2203 Indiana:  Hammond, highway railroad grade crossings, demonstration project 1575  Indiana Dunes National Lakeshore, appropriation ceiling increase 1445  Lafayette, relocation of railroad lines, demonstration project 2282  Mansfield Lake, name changed to Cecil M. Harden Lake 1659 Indiana Dunes National Lakeshore, Ind., appropriation ceiling increase 1445 Indians:  Absentee Shawnee Tribe, Okla., lands held in trust for 1922C55  American Indian Policy Review Commission, establishment 1910  Bridgeport Indian Colony, Calif., lands in trust 1368  Cheyenne-Arapaho Tribes, Okla., lands held in trust for 1915  Chippewa Cree Tribe of the Rocky Boy’s Reservation, Mont., mineral rights held in trust 142  Citizen Band of Pottawatomie Indians, Okla., lands held in trust for 1922  Cocopah Tribe of Indians, Ariz., transfer of lands 269  Community action agency, tribal governments, eligibility 2294  Constitutional rights, publication of materials 84  Domestic food assistance programs 341  Economic development programs 1161, 1162  Education for, appropriation for 201  Education programs, assistance 491, 537, 581, 585, 587  Havasupai Indians, Ariz., lands held in trust for 2091  Health systems areas, Federal funds for, proposed use and availability 2238  Hopi and Navajo Tribes, Ariz., land dispute settlement 1712  Hualapai Tribe, Ariz., lands held in trust for 1820  Inter-Tribal Council, Inc., Okla., lands held in trust for 1920  Klamath Indian Forests, Federal acqui sition of lands, appropriation for 816  Kootenai Tribe of Idaho, lands in trust. 1383 Loans to, report on revolving fund for, elimination 1970  Miccosukee Tribe, Fla., land use and visitor service contract rights in the Big Cypress National Preserve 1260  Native American Programs Act of 1974 2324  Navajo and Hopi Indian Relocation Commission, establishment 1716  Navajo Tribe, Ariz., lands held in trust 1490  Paiute Indians, Ariz., land allotment to certain 1716  Pueblo of Acoma Tribe, N. Mex., land exchange with Forest Service 1738  Reservations, excess Federal property within, disposal 1954  Roads and bridges on reservations, authorization of funds 2281  San Carlos Apache Indian Tribe, Ariz., lands held in trust for 1711  Seminole Tribe, Fla., land use and visitor service contract rights in the Big Cypress National Preserve 1260  Sisseton and Wahpeton Sioux Tribe, Lake Traverse Reservation, N. Dak.-S. Dak.—   Land acquisition 1468   Lands in trust 1465  Spokane Indian Reservation, Wash., nontaxable trust lands 142  Ute Indian Tribe, Utah, report on development program by Department of the Interior, elimination 1969 Indochina:  Policy toward; economic aid; postwar reconstruction 1805–1807  Postwar reconstruction assistance, appropriation for 199 Information Act, Egg Research and Consumer 1171 Information Agency, United States:  Appropriation for 210, 229, 1207  Authorization of funds 1439  International Ocean Exposition, authorization of funds for 194  Student dependents of employees, travel expenses 1443 Information and Educational Exchange Act of 1948, United States:  Amendment, United States Information Agency, annual reports to Congress 1440  Appropriation for effecting provisions 1207 Insurance:  Check forgery insurance fund, availability extension 1738  Credit unions, Federal insurance coverage, termination 720  Disaster areas, repaired or replaced property, purchase of insurance 151  Farm labor contractors, vehicle insurance coverage 1654  Federal Crop Insurance Act, amendment, audit requirement 1963  Federal Deposit Insurance Act. See separate title.  Federal Deposit Insurance Corporation—   Banks, unfair or deceptive practices in or affecting consumers, enforcement of regulations 2197   National Commission on Electronic Fund Transfers, member 1508   Real estate settlement—    Congressional action, necessity for further, consultation 1730    Statement, standard form, consultation 1725  Federal employee health insurance, coordination with Medicare 1454  Federal Insurance Administration, appropriation for 1097  Federal Savings and Loan Insurance Corporation—   Appropriation for 1108   Public deposits, insurance, clarification of authority 1739   Public fund accounts, deposit insurance coverage 1501   Secondary reserve adjustment 1507  Holding Company System Regulatory Act 752  National Flood Insurance Act of 1968, appropriation for effecting provisions 1097  Pension plans, termination insurance 1003  Railroad Unemployment Insurance Act, technical amendment 1359  Servicemen’s Group Life Insurance—   Maximum coverage, increase 166   National Guard, inclusion 165   Ready Reserves, inclusion 165  Trade-related unemployment, insurance 2025  Veterans’ Group Life Insurance 169  Veterans’ Insurance Act of 1974 165 Insurance Corporation, Federal Crop, appropriation for 1830 Insurance Trust Fund, Federal Old-Age and Survivors, authorization of funds for 947 Interagency Committee on Federal Activities for Alcohol Abuse and Alcoholism, establishment 133 Inter-American Highway, appropriation for 211C56 Intercoastal Shipping Act, 1933, Amendment, government or charitable cargo, regulation of rates 1463 Intergovernmental Advisory Council on Community Services, establishment 2297 Intergovernmental Personnel Act of 1970:  Amendment, recognition of Indian tribe governing body as a local government 2208  Appropriation for effecting provisions 621 Intergovernmental Relations, Advisory Commission on:  Appropriation for 228, 620, 1781  Deposit insurance coverage for public fund accounts, impact study 1502 Interior, Department of the:  Agriculture, Department of, transfer of certain funds to 268  Alaska Native Fund, appropriation for 811  Alaska Power Administration, appropriation for 788  Apple Creek unit, Pick-Sloan Missouri Basin program, N.Dak., potential water resource development program, feasibility study 1498  Appointments by, Cuyahoga Valley National Recreation Area Advisory Commission, members 1788  Appropriation Act, 1975 803  Appropriation for 200, 207, 222, 277, 279, 785, 803, 1778, 1782  Auburn, Calif., bridge construction authorization 2287  Big Cypress National Preserve, Fla., establishment 1258  Big South Fork National River and Recreation Area, Tenn.-Ky., transfer of jurisdiction from Corps of Engineers 43  Big Thicket National Preserve, Tex., establishment 1254  Bonneville Power Administration, appropriation for 222, 279, 788  Boston National Historical Park Act of 1974 1184  Coal Research, Office of—   Appropriation for 277   Transfer of functions to Energy Research and Development Administration 1237  Colorado River Basin Salinity Control Act 266    Appropriation for effecting provisions 786  Colorado River Basin Salinity Control Advisory Council, establishment 272  Conservation and rehabilitation on public lands, cooperative Federal-State programs 1369  Deepwater ports—   Potential locations, evaluation regulations, consultation 2131   Safety zones 2138  Disaster areas, timber sale contracts 158  Energy Conservation, Office of, transfer of functions to Federal Energy Administration 100  Energy Data and Analysis, Office of, transfer of functions to Federal Energy Administration 100  Energy Resources Council, member 1241  Federal Columbia River Transmission System Act 1376  First Infantry Division, United States Page Forces in Vietnam, monument, maintenance 741  Fish and Wildlife Act of 1956, amendments—   Commissioner of Fish and Wildlife, abolishment 92   United States Fish and Wildlife Service, establishment of new 92  Fish and Wildlife Coordination Act of 1958, appropriation for effecting provisions 783, 785, 788  Fish and Wildlife Service, United States—   Appropriation for 805   Commissioner, abolishment 92   Establishment of new 92  Fuel allocation, oil and gas programs, appropriation for 278  General provisions, Appropriation Act 278, 789, 814, 822  Geological Survey—   Appropriation for 222, 277, 808, 1783   Scientific examinations outside national domain, report modification 1971  Geothermal Energy Coordination and Management Project, member; cooperation 1081  Grand Canyon National Park, Ariz., deletion of certain lands within, study 2090  Grand Canyon National Park Enlargement Act 2089  Harpers Ferry National Historical Park, W. Va., additional lands and interpretive shuttle service 1420  Historical and archeological data, preservation 174  Hopi-Navajo Tribe land dispute, interagency committee to assist Mediator, chairman 1712  Hydroelectric generating facilities, construction and enlargement opportunities 114  Indian Affairs, Bureau of, appropriation for 200, 222, 809, 1783  Indians. See separate title.  John F. Kennedy Center for the Performing Arts—   Appropriation for 807   Elementary and secondary school education in the arts program 556  Land conveyances—   Albuquerque, N. Mex 1875   Anchorage, Alaska 1844   Board of Education, Lee County, S.C 1383   Coeur d’Alene, Idaho 1740   Gospel Missionary Union, Alaska 2384   New Mexico State University 1375   Submerged land, conveyance of certain to Guam, Virgin Islands, and American Samoa 1210   Yuma County, Ariz 1895  Land Management, Bureau of—   Appropriation for 200, 222, 803, 805, 1782   Budget authority, rescission of certain 1710  Lowell Historic Canal District Commission, ex officio member 2330  Mineral interests, conveyance—   Clarendon County, S.C 187, 189   Marion County, Fla 190, 399C57   New York State 1382   Utah County, Utah 54  Mineral resources, development and exploration program, elimination of report to Congress 1969  Mines, Bureau of—   Appropriation for 222, 277, 809   Lignite coal research laboratory, N.Dak., elimination of report to Congress 1969   Transfer of certain functions to Energy Research and Development Administration 1237  Mining Enforcement and Safety Administration, appropriation for 808  National Park Service—   Appropriation for 222, 805, 806   Boston National Historical Park Act of 1974 1184   Budget authority, rescission of certain 1711   Lowell Historic Canal District Commission, member 2331  National Parks, Monuments, Seashores, Etc. See separate title.  National Wildlife Refuge System, rights-of-way, easements, or reservations, payment of fair market value 1603  Nevada, title to lands in, removal of cloud on 1843  Ohio and Erie Canal, Ohio, preservation study 1447  Oil and Gas, Office of—   Appropriation for 200   Transfer of functions to Federal Energy Administration 100  Oil spills, uniform law for liability, study 2145  Outdoor Recreation, Bureau of, appropriation for 222, 805  Petroleum Allocation, Office of, transfer of functions to Federal Energy Administration 100  Pipeline safety and operation, standards and regulations, cooperation 2146  Piscataway Park, Md., acquisition of lands 1304  Reclamation, Bureau of, appropriation for 207, 222, 785, 1778  Reclamation project lands, classifications and reclassifications of, elimination of report requirement 1970  Reclamation projects. See separate title.  Recreation areas, use fees 192  Reporting requirements, modification or discontinuation or certain 1967–1970  Saline Water, Office of, appropriation for 805, 1782  Saline Water Conversion Act of 1971, The—   Appropriation for effecting provisions 805   Program, authorization of funds 295  San Juan National Historic Site, Puerto Rico, damage studies 1447  Secretary, Office of the, appropriation for 222, 278, 279, 813  Solano County, Calif., potential water resource development program, feasibility study 1498  Solicitor, Office of the, appropriation for 222, 813  Southeastern Power Administration, appropriation for 789  Southwestern Power Administration, appropriation for 222, 789  Sport Fisheries and Wildlife, Bureau of—   Appropriation for 200,222   Federal agency loan of personnel and equipment 123   Replacement by United States Fish and Wildlife Service 92  Territorial Affairs, Office of, appropriation for 812  Trade agreements, cooperation 1995  Trust Territory of the Pacific Islands. See separate title.  Union Station, D.C., model intermodal transportation terminal at, consultation 1533  Water research program, elimination of report requirement 1970  Water Resources Research, Office of, appropriation for 222, 804  William Jennings Bryan statue, conveyance to Salem, Ill 1186  Youth Conservation Corps—   Appropriation for 816   Expansion 1066   State projects, grant program 1067  Youth conservation projects, grants to States 1067  Yuma, Ariz., municipal and industrial water delivery system, feasibility study 1498 Internal Revenue Code of 1954, amendments 164, 235, 422, 898–994, 1003, 1033, 1291–1297, 1359, 1454, 1456–1459, 1466–1468, 1534, 1550, 1950–1953, 2025, 2109 2121, 2358–2360 Internal Revenue Service:  Additional positions 951  Appropriation for 212, 225, 615  Employee Plans and Exempt Organizations, Office of, establishment 951 International Agreements for Nuclear Cooperation, congressional approval requirement 1460 International Air Transportation Fair Competitive Practices Act of 1974 2102 International Aviation Facilities Act, Amendment, international user charges, negotiations for reduction of discriminatory charges 2103 International Boundary and Water Commission, United States and Mexico:  Appropriation for 224, 1189  U.S. section, advance funds to 267 International Boundary Commission, United States and Canada, appropriation for 1190 International Broadcasting, Board for, appropriation for 1204 International Broadcasting Act of 1973, Board for, Amendment, authorization of funds 781 International Business Administration, Domestic and, appropriation for 218, 1196 International Claims Settlement Act of 1949, Amendment, Hungary, claims against by American nationals 1386 International Clergy Week in the United States, proclamation 2439 International Commission of Control and Supervision:  Appropriation for 1189  U.S. contribution, authorization 1816C58 International Commission of the Congresses of Navigation, Permanent, increase of funds 39 International Committee of the Red Cross, United States contribution to, increased authorization of funds 199, 238 International Criminal Police Organization, United States membership dues, increase 1422 International Development Association Act, Amendments:  Loan restrictions on countries developing nuclear weapons 445  U.S. contributions, authorization 445 International Economic Policy, Council on, appropriation for 216, 617 International Economic Policy Act of 1972, Amendment, appropriation authorization 239 International Exposition on Environment, Spokane, Wash., 1974, commemorative medals, authorization extension 1978 International Fisheries Commissions, appropriation for 1191 International Health Research Act of 1960, appropriation for effecting provision 1644 International Joint Commission, United States and Canada, appropriation for 1190 International Ocean Exposition, appropriation for 210 International Ocean Exposition Appropriations Authorization Act of 1973 194 International Organizations:  Appropriation for 208, 224, 1188  Authorization of funds 1439  Contributions, quotas, etc.—   Programs, additional funds authorized 237, 1798   Red Cross, International Committee of the, increased authorization of funds 238  International Boundary and Water Commission, United States and Mexico—   Appropriation for 224, 1189   U.S. section, advance funds to 267  International Commission of Control and Supervision in Vietnam—   Appropriation for 1189   U.S. share of contribution, authorization 1816  International Criminal Police Organization, United States membership dues, increase 1422  International Development Association—   Loan restrictions to countries developing nuclear weapons 445   U.S. contributions, authorization 445  United Nations Educational, Scientific, and Cultural Organization, restriction on funds to 1798 International Peace Garden, N.Dak., appropriation ceiling increase 1446 International Radio Broadcasting, appropriation for activities 210 International Trade Commission, United States. See United States International Trade Commission. International Travel Act of 1961:  Amendment, foreign air transportation, promotion of travel on U.S. carriers 2105  Appropriation for effecting provisions 1197 International Women’s Year, 1975, proclamation 2442 Interstate Agreement on Qualification of Educational Personnel, The, authorization of D.C. to enter 1612 Interstate Commerce Act, Amendment, motor carriers, amendments of standards, effective date 1532 Interstate Commerce Commission:  Appropriation for 212, 228, 778, 1780  Fuel price increases, trucker reimbursement 11  Hazardous materials transportation, regulations for 2157  High-speed ground transportation between major west coast cities, feasibility study, consultation 1532  Intercity rail passenger service regulations, enforcement 1531  Judicial review of orders and decisions 1917  Rail Services Planning Office, appropriation for 212 Interstate Commission on the Potomac River Basin, appropriation for 791 Interstate Compacts, Consent of Congress Granted to, Cumbres and Toltec Scenic Railroad Compact 1421 Inter-Tribal Council, Inc., Okla., lands held in trust for 1920 Intervention on the High Seas Act 8 Inventors’ Day, National, 1974, proclamation 2447 Israel:  Nuclear powerplants, restriction on foreign assistance funds for 1813  Security supporting assistance, appropriation for 1867 J. Edgar Hoover:  Commemorative medals 234  Tributes, compilation of, printing as Senate document 2399 Jim Thorpe, commemorative medals, authorization extension 1978 John Day Fossil Beds National Monument, Oreg., establishment 1461 John E. Fogarty International Center for Advanced Study in the Health Sciences, appropriation for 1640 John F. Kennedy Center for the Performing Arts:  Appropriation for 807  Elementary and secondary school education in the arts program 556 Johnny Horizon ’76 Clean Up America Month:  Designation authorization 1151  Proclamation 2508 Johnson Civilian Conservation Corps Center, Lyndon B., N.C., designation 188 Johnson National Grasslands, Lyndon B., Tex., designation 188 Joint Board for the Enrollment of Actuaries, establishment 1002 Joint Committees, Congressional:  Atomic Energy—   Appropriation for 434   Employees, disbursement of salaries 1776   Reports to, review of Atomic Energy Commission activities, elimination 1970  Congressional Operations, appropriation for 434  Defense Production, appropriation for 434C59  Economic—   Appropriation for 433   Inflation, study 2407   President’s Economic Report, extension of transmittal date 49  Internal Revenue Taxation—   Appropriation for 206, 434   Joint Pension Task Force 999   Renegotiation Act of 1951, study 422  Printing, appropriation for 434, 1777  Reduction of Federal Expenditures—   Abolishment 304   Transfer of functions to Congressional Budget Office 304 Joint Federal-State Land Use Planning Commission for Alaska, appropriation for 821 Joint Funding Simplification Act of 1974 1604 Joint Pension Task Force, establishment 999 Judicial Center, Federal:  Appropriation for 216, 1203  Disposition of criminal cases, advice to planning groups and district courts. 2084 Judicial Conference of the United States, criminal cases, disposition plans, report to by district courts 2082 Judiciary Appropriations:  General provisions, Appropriation Act 1203, 1208  Judiciary Appropriation Act, 1975 1200  Second Supplemental Appropriations Act, 1974 209, 215  Supplemental Appropriations Act, 1975 1779 Junkyards, control of 2281, 2285 Justice, Department of:  Antitrust Division, appropriation for 208, 223, 1192  Antitrust Procedures and Penalties Act 1706  Appropriation Act, 1975 1192  Appropriation for 208, 223, 1192  Attorney General. See separate title.  Attorneys and marshals, United States, appropriation for 1192  Bureau of Prisons—   Appropriation for 223, 1194   Employees, retirement benefits 355   National Institute of Corrections, establishment 1139  Community Relations Service, appropriation for 1193  Drug Enforcement Administration—   Appropriation for 223, 1195   Protection of agents 1456  Federal Bureau of Investigation, appropriation for 223, 1193  Federal Prison Industries, Incorporated—   Appropriation for 223, 1208   Employees, retirement benefits 355  Federal Prison System, appropriation for 223, 1194  General provisions, Appropriation Act 1195, 1208  Immigration and Naturalization Service—   Appropriation for 223, 1193   Border facilities, funds for, increase 794   Immigration inspection, transfer of certain functions to Treasury Department, nullification 50  Interagency Committee on Federal Activities for Alcohol Abuse and Alcoholism, member 133  Law Enforcement Assistance Administration—   Appropriation for 1194   Office of Juvenile Justice and Delinquency Prevention, establishment 1112  Legal activities and general administration, appropriation for 208, 223, 1192  Unfair trade practices, investigation, cooperation 2054  Watergate Special Prosecution Force—   Appropriation for 1192   Certain Presidential recordings and materials, access 1696  Working capital fund, establishment 1975 Juvenile Delinquency:  Criminal procedure 1133–1138  Projects, grants to States 1118, 1133  Use of juvenile records 1137 Juvenile Delinquency Prevention and Control Act of 1968, Amendments:  Demonstrations in youth development 1133  Minimum State allotments, repeal 1133  Program extension 1133 Juvenile Justice, Advisory Committee to the Administrator on Standards for the Administration of, establishment 1118 Juvenile Justice and Delinquency Prevention, Advisory Committee for the National Institute for, establishment 1118 Juvenile Justice and Delinquency Prevention, Coordinating Council on, establishment 1116 Juvenile Justice and Delinquency Prevention, Institute for, Coordinating Council on Juvenile Justice and Delinquency Prevention, member 1116 Juvenile Justice and Delinquency Prevention, National Advisory Committee for, establishment 1117 Juvenile Justice and Delinquency Prevention, Office of:  Coordinating Council on Juvenile Justice and Delinquency Prevention, Vice Chairman 1116  Establishment 1112 Juvenile Justice and Delinquency Prevention Act of 1974 1109  Appropriation for effecting provisions 1775 Kaniksu National Forest, Wash., land exchange procedures 1921 Kennedy Center for the Performing Arts, John F.:  Appropriation for 807  Elementary and secondary school education in the arts program 556 Kentucky:  Beaver Creek Wilderness, designation 2097  Big South Fork National River and Recreation Area, establishment 43  Cumberland Gap National Historical Park, acquisition and development ceiling increases; boundary changes 1445, 1446 Klamath Indian Forests, Federal acquisition of lands, appropriation for 816 Knife River Indian Villages National Historic Site, N. Dak., establishment 1461 Kootenai Tribe of Idaho, lands in trust 1383 Korea, South, military assistance and excess defense articles to, limitation 1802C60 Labeling Act, Fair Packaging and, Amendment, administration, modification of reporting requirements 1972 Labor, Department of:  Actuaries, Joint Board for the Enrollment of, establishment 1002  Appropriation Act, 1975 1634  Appropriation for 202, 223, 1634, 1772, 2106  Back wages, authority to bring suit for 73  Bilingual vocational training, cooperation 608  Certification of data to District of Columbia Board of Elections and Ethics 461  Disabled veterans, employment within the Federal Government, regulations 1594  Economic development and adjustment assistance programs, unemployment benefits, assistance 1165  Emergency job programs 1845  Emergency Unemployment Compensation Act of 1974 1869  Employee Retirement Income Security Act of 1974 829  Employment opportunities, curtailment of certain, prevention, study and report 74  Employment Standards Administration, appropriation for 223, 1636, 1772  Fair Labor Standards Act of 1938. See separate title.  Fair Labor Standards Amendments of 1974 55  Fair labor standards exemptions, economic effects, study and report 73  Federal employee work injury compensation, study 1150  Federal Energy Administration actions, economic impact, monitor 111  General provisions, Appropriation Act 1637, 1651  Headstart and Follow Through programs, labor standards 2308  Import competition, adjustment assistance program study, cooperation 2040  Juvenile Justice and Delinquency Prevention, Coordinating Council on, member 1116  Labor-Management Services Administration, appropriation for 223, 1636, 1772  Labor Statistics, Bureau of—   Appropriation for 223, 1637, 1772   Education Statistics, Advisory Council on, member 556  Law enforcement and fire protection employees, studies 61  Manpower Administration, appropriation for 202, 1634, 2106  Native American programs, labor standards 2327  Occupational Safety and Health Administration, appropriation for 1636  Pension Benefit Guaranty Corporation, establishment, member 1004, 1005  Product sectors of manufacturing, establishment 1984  Summer Youth Recreation program, allocation of funds 2295  Supergrade positions, additional 894  Trade agreements—   Advisory committees for, assistance 1998   Cooperation 1995  Trade impacted areas, boundary establishment, cooperation 2036  Trade monitoring system 2040  Trade-related unemployment, worker adjustment assistance 2019  Unemployment assistance program, special 1850  Unemployment compensation, appropriation for 2107  Veteran’s employment, outreach and public information program; report to congressional committees 1848  Veterans’ Employment Service, veteran’s employment policies and programs, implementation 1848  Women’s Bureau, Women’s Educational Programs, Advisory Council on, member 555 Labor Contractor Registration Act Amendments of 1974, Farm 1652 Labor Contractor Registration Act of 1963, Farm, Amendments:  Civil relief; recordkeeping 1657, 1658  Coverage, extension 1652  Registration requirements 1653 Labor Management Relations Act, 1947:  Amendment, health care institutions, conciliation of labor disputes 396  Appropriation for effecting provisions 1649, 1650 Labor-Management Reporting and Disclosure Act of 1959, Amendment, technical 852 Labor-Management Services Administration, appropriation for 223, 1636, 1772 Labor Organizations, political funds, contributions to 1272 Labor Relations Act, National, Amendments:  Employees of nonprofit hospitals, extension of coverage to 395  Reporting requirements under, modification 1972 Labor Relations Board, National:  Appropriation for 228, 1650  Reporting requirements, modification 1972 Labor Relations Council, Federal, appropriation for 227, 621 Labor Standards Act of 1938, Fair. See Fair Labor Standards Act of 1938. Labor Standards Amendments of 1974, Fair 55 Labor Statistics, Bureau of:  Appropriation for 223, 1637, 1772  Education Statistics, Advisory Council on, member 556 Lake Casitas Recreation Area, Calif., acquisition of additional land for open space 1493 Lake Mead National Recreation Area, Ariz.-Nev., appropriation ceiling increase 1445 Land and Water Conservation Fund Act of 1965:  Amendment, Federal recreation areas, use fees 192  Appropriation for effecting provisions 621, 805 Land Management, Bureau of:  Appropriation for 200, 222, 803, 805, 1782  Budget authority, rescission of certain 1710C61 Laneport Dam and Lake, Tex., name changed to Granger Dam and Lake 2153 Laos:  Combat activities in or over, restriction on funds 232, 285, 1231  Economic and military assistance, limitations 1811  Relief and reconstruction, authorization of funds for 1807  United States Military Academy, attendance of one citizen 244 Latch, Reverend Edward G., prayers offered by the Chaplain, printing as House document 2431 Latin America, agricultural credit and self-help community development programs 1796 Lava Beds National Monument, Calif., boundary change 1447 Law Day, U.S.A., 1974, proclamation 2477 Law Enforcement Assistance Administration:  Appropriation for 1194  Office of Juvenile Justice and Delinquency Prevention, establishment 1112 Law Enforcement Personnel, Federal, retirement benefits 355 Law Enforcement Training Center, Federal, appropriation for 225, 613 Lead-Based Paint Poison Prevention Act, appropriation for effecting provisions 203, 1638 Lease and Surety Bond Guarantees Revolving Fund, appropriation for 1206 Legal Rights for Retarded Citizens Week, 1974, proclamation 2481 Legal Secretaries’ Court Observance Week, National:  Designation 1262  Proclamation 2530 Legal Services Corporation, establishment 379 Legal Services Corporation Act 378 Legal Services Corporation Act of 1974 378 Legislative Branch Appropriation Act, 1966, Amendment, Federal procurement of property and services, increased ceiling 390 Legislative Branch Appropriation Act, 1968, Amendment, Senate committee employees, compensation 52 Legislative Branch Appropriation Act, 1975 424 Legislative Branch of the Government. See also Congress; House of Representatives; Senate.  Appropriation for 205, 214, 424, 1775  Employees, erroneous payment of claims, waiver 393 Legislative-Judiciary Appropriation Act, 1955, repeal of certain provisions 322 Legislative Reorganization Act of 1946, Amendments:  Program review and evaluation by standing committees 325  Technical 331 Legislative Reorganization Act of 1970, Amendments:  Federal programs, review and evaluation by Comptroller General 326  Fiscal and budgetary information and controls 327 Leif Erikson Day, 1974, proclamation 2523 Leprosy, payments to Hawaii for care and treatment of afflicted persons 1637 Libby Dam Protect, Kootenai River, Mont., funds for fish hatchery facilities 25 Libraries:  Medical library assistance programs, extension and revision 371  National Agricultural Library, appropriation for 1826  Samuel Raybum Library, Tex., transfer of certain funds to from Eisenhower College, N.Y 1262  White House Conference on Library and Information Services 1856 Libraries and Information Science, National Commission on:  Appropriation for 1649  White House Conference on Library and Information Services, planning and conduct 1856 Libraries and Learning Resources, Office of, establishment 576 Library of Congress:  Aliens, employment 441  Appropriation for 207, 215, 439  Blind and physically handicapped, books for, appropriation for 440  Congressional Budget Office, utilization of services and facilities 303  Congressional Research Service, appropriation for 439  Constitution of the United States, Annotated, appropriation for revision 441  Copyright Office, appropriation for 207, 439  Educational data consortium, participation 558  Employees, erroneous payment claims, waiver 393  National Commission on Libraries and Information Science, detail of personnel to 1857  National Commission on New Technological Uses of Copyrighted Works, establishment; member 1873, 1874  National Study Commission on Records and Documents of Federal Officials, member 1700 Library of Medicine, National, appropriation for 1640 Library Services and Construction Act:  Amendment, areas of persons of limited English-speaking ability, funding 609  Appropriation for effecting provisions 1642 License Plate Numbers, use in information systems, study 1906 Lighthouse Service, former employees, eligibility for medical care 371 Little League Baseball, Incorporated, girls, equal participation 1744 Livestock Credit Act of 1974, Emergency 391 Lotteries, State-conducted, advertising 1916 Louisiana:  Breton Wilderness, designation 2154  Saint Tammany Parish, land conveyance authorization 1768 Lowell Historic Canal District Commission, Lowell, Mass., establishment 2330 Lower Saint Croix River Act of 1972, Amendment, additional funds authorized 2096 Loyalty Day, 1974, proclamation 2461 Lung Institute, National Heart and:  Appropriation for 1638  National Commission on Diabetes, member 374C62 Lyndon B. Johnson Civilian Conservation Corps Center, N.C., designation 188 Lyndon B. Johnson National Grasslands, Tex., designation 188 Magistrates, United States, appropriation for 1202 Magnuson-Moss Warranty—Federal Trade Commission Improvement Act 2183 Mailing Lists, selling or renting of names and addresses oy Federal agencies, prohibition 1904 Maine, Moosehorn Wilderness (Baring Unit), designation 2154 Management and Budget, Office of:  Appropriation for 216, 618, 1780  Budget, submittal to Congress, study 321  Commission on Federal Paperwork, member 1790  Director and Deputy Director, Senate confirmation 11  Energy Resources Council, member 1241  Federal Energy Administration Act of 1974, incidental transfers under 105  Federal Procurement Policy, Office of, establishment 797  Fiscal, budgetary, and program-related data and information systems 327  Fiscal year 1973 retroactive pay costs, appropriation for, report to 231  Personnel, transfer of certain to Nuclear Regulatory Commission 1243  Records maintained on individuals—   Guidelines, regulations, and assistance 1909   Notice of new systems to 1904 Manpower Administration, appropriation for 202, 1634, 2106 Mansfield Lake, Ind., name changed to Cecil M. Harden Lake 1659 Marble Canyon National Monument, Ariz., abolishment 2090 March of Dimes Birth Defects Prevention Month, designation 1821 Marihuana, prohibition of payment of funds to persons producing for illegal use 1842 “Marihuana-Hashish Epidemic and Its Impact on United States Security, The”, hearings, printing of additional copies 2426 Marine Corps:  Active duty personnel strength 401  Aircraft, missiles, naval vessels, etc., research and development, appropriation authorization 233, 400, 401  Appropriation for 196, 219, 1213  Band, sale of recordings for American Revolution Bicentennial 1868  Civilian personnel strength 403  Family housing, appropriation for 2181  Military Construction Authorization Act, 1975 1750  Military training student load 404  Operation and maintenance, appropriation for 196, 1215  Procurement, appropriation for 198, 1221  Reserve components—   Appropriation for 1214   Aviation career incentive pay 179   Deceased members, presentation of flag for 176   Facilities, construction, etc 1770   Military training student load 404   Officers formerly missing in action, appointment to active list 1954   Operation and maintenance, appropriation for 197, 1216   Selected Reserve, strength 402  Reserve Forces Facilities Authorization Act, 1975 1770  Temporary officers formerly missing in action, appointment to active fist 1954 Marine Corps League, Young Marines of the, surplus naval material, recipients 2147 Marine Fisheries Commission, Atlantic States, appropriation for 1198 Marine Fisheries Commission, Gulf States, appropriation for 1198 Marine Mammal Commission, appropriation for 1205 Marine Mammal Protection Act of 1972, appropriation for effecting provisions 1205 Marine Protection, Research, and Sanctuaries Act of 1972, Amendments:  Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, implementation 50  Ocean dumping provisions, extension 1430 Maritime Administration:  Appropriation for 209, 218, 1199  General provisions, Appropriation Act 1199, 1208  Merchant Marine Academy, appropriation for 1199  Vessels, exchange for conversion and operation in unsubsidized service between west coast and Guam, contract amendment 232 Maritime Commission, Federal:  Appropriation for 228, 1204  Barge operations, rules and regulations 1966  Government or charitable cargo in domestic offshore trade, regulation of rates 1463 Maritime Day, National, 1974, proclamation 2468 Marshals and Attorneys, United States, appropriation for 1192 Martin Van Buren National Historic Site, N.Y., establishment 1462 Maryland:  Antietam Battlefield, elimination of certain reporting requirements 1969  Clara Barton National Historic Site, establishment 1461  Piscataway Park, acquisition of lands 1304 Mass Transportation Act of 1964, Urban. See Urban Mass Transportation Act of 1964. Mass Transportation Assistance Act of 1974, National 1565 Massachusetts:  Boston National Historical Park Act of 1974 1184  Lowell Historic Canal District Commission, establishment 2330  Springfield Armory National Historic Site, establishment 1461 Mathematics, special projects for teaching 588 Meats, import limitations on certain, proclamation 2454, 2540 Medals and Decorations:  Gold, use in, restriction 1978C63  International Exposition on Environment, Spokane, Wash., 1974, commemorative medals, authorization extension 1978  J. Edgar Hoover, commemorative medals 234  Jim Thorpe commemorative medals, authorization extension 1978  San Francisco cable cars, 100th anniversary, commemorative medals, authorization extension 1978  Southeast Asian operations, time limit for award of decorations, extension 1422 Mediation and Conciliation Service, Federal:  Appropriation for 204, 228, 1649  Health care institutions, labor disputes, intervention in 396  Hopi and Navajo Tribes, settlement of land dispute, appointment of a mediator for 1712 Mediation Board, National, appropriation for 228, 1650 Medical Facilities Construction and Modernization Amendments of 1970, Amendment, expiration date, deletion 360 Medical Sciences, National Institute of General:  Appropriation for 1639  National Commission on Arthritis and Related Musculoskeletal Diseases, ex officio member 2218  National Commission on Diabetes, member 374 Medical Services Week, Emergency, 1974, proclamation 2535 Medicine, National Library of, appropriation for 1640 Memorial Day, Prayer for Peace, May 27, 1974, proclamation 2482 Mennonite Disaster Service, disaster relief, cooperation 150 Menominee Restoration Act, appropriation for effecting provisions 1783 Mental Health, National Institute of:  Advisory Board on Child Abuse and Neglect, member 7  Biomedical and behavioral research, peer review of grant applications and contracts, cooperation 360  Crisis counseling assistance and training 157  Establishment 135 Mental Health, National Panel on Alcohol, Drug Abuse, and, establishment 134 Mental Health Administration, Alcohol, Drug Abuse, and:  Appropriation for 1640, 1773  Establishment 134  National Research Services Awards 342 Mental Health Centers Act, Community:  Appropriation for effecting provisions 1640  Repeal of certain provisions 137 Mental Health Council, National Advisory, National Panel on Alcohol, Drug Abuse, and Mental Health, member 134 Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, advisory committees established by, termination, effective date 2275 Merchant Marine Academy, appropriation for 1199 Merchant Marine Act, 1936:  Amendment, National Defense Reserve Fleet, vessel exchange 1965  Appropriation for effecting provisions 1199 Metal and Nonmetallic Mine Safety Board of Review, Federal, appropriation for 821 Methanol, duty suspension 1456 Metric System of Measurement, education for use 546 Metropolitan Museum of Art, N.Y., indemnification agreement 1444 Mexico:  American-Mexican Boundary Treaty Act of 1972, appropriation for effecting provisions 1190  American-Mexican Treaty Act of 1950, appropriation for effecting provisions 1190  Colorado River Basin Salinity Control Act 266  Deepwater ports, negotiations with 2147 Mexico, International Boundary and Water Commission, United States and:  Appropriation for 224, 1189  U.S. section, advance funds to 267 MIA Awareness Day, National, proclamation 2441 Miccosukee Tribe, Fla., Big Cypress National Preserve, land use and visitor service contract rights 1260 Michigan:  Au Sable River, segment designated for possible inclusion in the national wild and scenic rivers systems 2094  Manistee River, segment designated for possible inclusion in the national wild and scenic rivers system 2095  Sleeping Bear Dunes National Lakeshore, appropriation ceiling increase 1446 Micronesian Claims Act of 1971, appropriation for settlement of claims 813 Middle East:  Assistance to nations in 1812  Special requirements fund, appropriation for 1867 Migrant and Seasonally Employed Farmworkers:  Economic opportunity programs, assistance 2298  Farm Labor Contractor Registration Act Amendments of 1974 1652 Migratory Bird Treaty Act, Amendment, migratory bird products; sale, purchase, or shipment of, prohibition 190 Migratory Fishermen, education programs for children of, grants 492 Military Academy, United States, Laotian citizen, attendance 244 Military Appeals, Court of, appropriation for 1218 Military Bands, sale of recordings for American Revolution Bicentennial 1868 Military Bases Abroad, assistance to countries where located, restrictions 1803 Military Construction Appropriation Act, 1975 2179 Military Construction Authorization Act, 1975 1745 Military Personnel and Civilian Employees’ Claims Act of 1964, Amendment, personal property claims, limitation on payments, increase 1381C64 Military Sales Act, Foreign, Amendment, defense services or articles, eligibility; credit sales 1813 Military Selective Service Act of 1967, Amendment, assignment of Public Health Service commissioned personnel to assist Indian tribes 2208 Milk Program, Special:  Appropriation for 1841  Reimbursement, minimum rate 341 Mine Health and Safety Act of 1969, Federal Coal, appropriation for effecting provisions 1636, 1638, 1645 Mine Safety Board of Review, Federal Metal and Nonmetallic, appropriation for 821 Minerals:  Marion County, Fla., conveyance of certain mineral interests to 190, 399  New York, conveyance of certain mineral interests to 1382 Mines, Bureau of:  Appropriation for 222, 277, 809  Lignite coal research laboratory, N. Dak., activities, elimination of reporting requirements 1969  Transfer of certain functions to Energy Research and Development Administration 1237 Mining Enforcement and Safety Administration, appropriation for 808 Minnesota:  Kettle River, segment designated for possible inclusion in the national wild and scenic rivers system 2094  Minneapolis, high-density urban highway intermodal transportation connection, demonstration project 2290  Upper Mississippi River, segment designated for possible inclusion in the national wild and scenic rivers system 2095 Minority Business Enterprise, appropriation for 218, 1197 Mint, Bureau of the, appropriation for 225, 615 Minuteman Missile Flight Tests, restriction 406 Miss Keku, documentation for use in American fisheries 2369 Missiles, Aircraft, Vessels, Etc., appropriation authorization 233 Mississippi River, appropriation for flood control 207, 784 Missouri:  Chester Bridge, contract for operation, etc., time extension 1659  Fire districts, relief of certain 2392  Harry S. Truman Memorial Veterans’ Hospital, designation 1957 Mobile Home Advisory Council, National, appointment 702 Mobile Home Construction and Safety Standards Act of 1974, National 700 Model Community Economic Development Finance Corporation, plan for establishment 2320 Model Secondary School for the Deaf Act, appropriation for effecting provisions 1646 Molasses, Sugars and Sirups, tariffs and quota on certain, establishment, proclamation 2537 Money Orders and Traveler’s Checks, disposition of abandoned 1525 Montana:  Chippewa Cree Tribe of the Rocky Boy’s Reservation, mineral rights held in trust 142  Libby Dam project, Kootenai River, funds for fish hatchery facilities 25  Mission Mountains Wilderness, designation 2155  Policemen and firemen, Social Security benefits 2386  Wildlife grazing, land conveyance 25 Moores Creek National Military Park, N.C., land acquisition and development, authorization of funds for 1445 Morristown National Historical Park, N.J., appropriation ceiling increase; boundary change 1445, 1447 Mortgage Association, Federal National, medical facilities, modernization and construction assistance, sale of loans to 2266 Mortgage Association, Government National, appropriation for 1096, 1106 Mortgage Association Charter Act, Federal National, appropriation for effecting provisions 1096, 1105, 1641, 1643 Mother’s Day, 1974, proclamation 2473 Motor Carrier Act, Amendment, judicial review of Interstate Commerce Commission decisions 1918 Motor Vehicle and Schoolbus Safety Amendments of 1974 1470 Motor Vehicle Information and Cost Savings Act:  Amendment, motor vehicle demonstration projects 1485  Appropriation for effecting provisions 775 Motor Vehicle Safety Act of 1966, National Traffic and. See National Traffic and Motor Vehicle Safety Act of 1966 Motor Vehicles:  Armed forces members, shipment or reshipment of vehicles owned by 1743  Emission standards 258  Insurance coverage to farm labor contractors 1654  License plate numbers, use in information systems, study 1906  National maximum speed limit 2286  New, fuel economy improvement 261  Size and weight limitations for the Interstate System; enforcement 2283, 2284  Used, warranties, rulemaking proceedings 2189 Mozambique, U.S. policy on independence of 1816 Music Month, Country, October 1974, proclamation 2529 Mutual Educational and Cultural Exchange Act of 1961, appropriation for effecting provisions 1191, 1207, 1642 Mutual Security Act of 1954, Amendment, congressional committees, use of foreign currencies, reports 444 Mutual Security Appropriations Act, 1956, Amendment, military assistance funds, elimination of report requirement 1968 Mutual Security Appropriations Act, 1957, repeal of certain provisions 1968C65 Narcotic Addict Rehabilitation Act of 1966, appropriation for effecting provisions 1640 Narcotic Addict Treatment Act of 1974 124 National Academy for Fire Prevention and Control, establishment 1537 National Academy of Sciences, drinking water, maximum contaminant levels, study 1664 National Academy of Sciences-National Academy of Engineering, Washington metropolitan area, water resource needs, scientific basis for study conclusions, report 37 National Advisory Committee for Juvenile Justice and Delinquency Prevention, establishment 1117 National Advisory Council for Adult Education, reports to by State advisory councils, recommendations 578 National Advisory Council for Career Education, establishment 552 National Advisory Council for the Protection of Subjects of Biomedical and Behavioral Research, establishment 351 National Advisory Council on Aging, establishment 185 National Advisory Council on Alcohol Abuse, and Alcoholism, National Panel on Alcohol, Drug Abuse, and Mental Health, member 134 National Advisory Council on Bilingual Education, establishment 510 National Advisory Council on Drug Abuse, National Panel on Alcohol, Drug Abuse, and Mental Health, member 134 National Advisory Council on Vocational Education:  Authority to accept gifts and transfer funds 1849  Career Education, National Advisory Council for, member 552 National Advisory Mental Health Council, National Panel on Alcohol, Drug Abuse, and Mental Health, member 134 National Aeronautics and Space Act of 1958, Amendments:  Experts and consultants, pay 243  Solar heating and cooling, activities 1070 National Aeronautics and Space Administration:  Appropriation for 226, 276, 1100  Canaveral National Seashore, Fla., transfer of lands for to Department of the Interior 2122, 2125  Construction of facilities, research and development, appropriation authorization 240  Geothermal Energy Coordination and Management Project, member; cooperation 1081  Personnel and equipment, loan to Bureau of Sport Fisheries and Wildlife 124  Solar Energy Coordination and Management Project, member 1432  Solar Heating and Cooling Demonstration Act of 1974 1069 National Aeronautics and Space Administration Authorization Act, 1975 240  Appropriation for effecting provisions 1100, 1101 National Agricultural Library, appropriation for 217, 1826 National Air and Space Museum, appropriation for 820 National Archives and Records Service:  American Indian Policy Review Commission, disposition of records and papers in 1913  Appropriation for 226, 626  Archives and records, transfer of certain to Alaska 1740  Federal Register. See separate title.  National Study Commission on Records and Documents of Federal Officials, support services 1701  Records maintained on individuals, disclosure 1897, 1904 National Arthritis Act of 1974 2217 National Arthritis Month, 1974, proclamation 2478 National Bank Act, Amendment, public housing obligations, investment 668 National Board for the Promotion of Rifle Practice, appropriation for 1217 National Bureau of Standards:  Appropriation for 1198  Energy-related inventions, evaluation 1894  Solar heating and cooling systems, cooperation 1071, 1072, 1074, 1075, 1078 National Cancer Act Amendments of 1974 358 National Cancer Institute:  Appropriation for 1638  Program extension 358  Uterine cancer diagnosis, trial program 359 National Capital Planning Act of 1952, appropriation for effecting provisions 819 National Capital Planning Commission, appropriation for 228, 819 National Capital Transportation Act of 1969, appropriation for effecting provisions 779 National Center for Deaf-Blind Youth and Adults:  Program extension 1619  Report to Congress, elimination 1968 National Center for Education Statistics:  Career Education, National Advisory Council for, member 522  Establishment 556  Poverty data, study, cooperation 601 National Center for Health Services Research, establishment 363 National Center for Health Statistics, establishment 365 National Center on Child Abuse and Neglect, establishment 5 National Coin Week, 1974, proclamation 2474 National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, establishment 348 National Commission for the Review of Federal and State Laws Relating to Wiretapping and Electronic Surveillance:  Appropriation for 1205  Extension; closed meetings 1972 National Commission on Arthritis and Related Musculoskeletal Diseases, establishment 2218 National Commission on Diabetes, establishment 374 National Commission on Electronic Fund Transfers:  Appropriation for 1781  Establishment 1508C66 National Commission on Libraries and Information Science:  Appropriation for 1649  White House Conference on Library and Information Services, planning and conduct 1856 National Commission on New Technological Uses of Copyrighted Works, establishment 1873 National Commission on Productivity, appropriation for 618 National Commission on Productivity and Work Quality, designation 236 National Commission on Supplies and Shortages:  Appropriation for 1781  Establishment 1168 National Commission on Supplies and Shortages Act of 1974 1167  Appropriation for effecting provisions. 1781 National Commission on Water Quality, appropriation for 1836 National Council on Health Planning and Development, establishment 2228 National Council on Indian Opportunity, appropriation for 228 National Credit Union Administration, National Commission on Electronic Fund Transfers, member 1508 National Day of Prayer, 1974, proclamation 2544 National Defense Education Act of 1958:  Amendment, extension 588  Appropriation for effecting provisions 203, 276, 1101, 1642, 1773 National Defense Transportation Day and National Transportation Week, 1974, proclamation 2480 National Diabetes Mellitus Research and Education Act 373 National Drinking Water Advisory Council:  Drinking water—   National regulations for 1664   State underground injection control programs, regulations for 1675  Establishment 1688 National Employ the Handicapped Week, 1974, proclamation 2507 National Endowment for the Arts:  Appropriation for 819  Rail terminals of historical or architectural significance, preservation or reuse program, consultation 1528 National Endowment for the Humanities, appropriation for 819 National Environmental Improvement Act of 1970, appropriation for effecting provisions 1834 National Environmental Policy Act of 1969, appropriation for effecting provisions 1834, 1835 National Eye Institute:  Appropriation for 1639  National Commission on Diabetes, member 374 National Farm-City Week, 1974, proclamation 2527 National Farm Safety Week, 1974, proclamation 2450 National Fire Data Center, establishment 1541 National Fire Prevention and Control Administration:  Appropriation for 1198  Establishment 1536 National Flood Insurance Act of 1968, appropriation for effecting provisions 1097 National Forest Products Week, 1974, proclamation 2496 National Forest System:  Definition 480  Wilderness areas within, designation 2154 National Forests:  Arapaho National Forest, Colo., boundary extension 1878  Kaniksu National Forest, Wash., land exchange procedures 1921  Siuslaw National Forest, Oreg., boundary extension 1733  Teton National Forest, Wyo., land exchange 1843 National Forests Act of 1972, Volunteers in the, appropriation for effecting provisions 817 National Foundation on the Arts and the Humanities:  Appropriation for 819  Career Education, National Advisory Council for, member 552 National Foundation on the Arts and the Humanities Act of 1965, appropriation for effecting provisions 819 National Gallery of Art, appropriation for 821 National Guard:  Air—   Aircraft procurement, appropriation authorization 400   Appropriation for 1214   Aviation career incentive pay 179   Deceased members, presentation of flag for 176   Facilities, construction, etc 1770   Military construction, appropriation for 2181   Military training, student load 404   Operation and maintenance, appropriation for 197, 1217   Selected Reserve, strength 402, 403   Servicemen’s Group Life Insurance, inclusion 165  Army—   Appropriation for 1214   Aviation career incentive pay 179   Deceased members, presentation of flag for 176   Facilities, construction, etc 1770   Military construction, appropriation for 2180   Military training, student load 404   Operation and maintenance, appropriation for 197, 1217   Selected Reserve, strength 402   Servicemen’s Group Life Insurance, inclusion 165 National Health Planning and Resources Development Act of 1974 2225 National Health Services Corps, scholarship program, extension 741 National Heart and Lung Institute:  Appropriation for 1638  National Commission on Diabetes, member 374 National Highway Traffic Safety Administration, appropriation for 211, 224, 775 National Hispanic Heritage Week, 1974, proclamation 2501 National Historical Publications and Records Commission, new name for National Historical Publications Commission 1734C67 National Historical Publications Commission, redesignated as National Historical Publications and Records Commission; additional members; extension 1734 National Housing Act:  Amendments—   Business or agricultural loans, interest rate, limitation 1559   Cooperative housing projects, mortgage insurance 1367   Energy conservation 678   Federal National Mortgage Association, technical amendments 727   Federal Savings and Loan Insurance Corporation, secondary reserve adjustment 1507   Government National Mortgage Association, purchased mortgages, limitation 728   Historic structures, preservation of, insurance to financial institutions financing 1366   Mortgage credit assistance—    Extension 676–686    Prohibition of discrimination 728   Mortgage loans, certain federally related, limitations and disclosures 1729   Mortgages, interim authority to purchase 1364   Multifamily mortgage assistance, insurance, extension 672   Savings and loan associations—    Deposit insurance, increased ceiling 1503    Mutual to stock conversions 1504    Public fund accounts, deposit insurance coverage 1501   Single-family mortgage assistance, insurance, extension 671   Technical 163, 1739  Appropriation for effecting provisions 1096, 1106  Repeal of certain provisions 728 National Hunting and Fishing Day:  Designation 1166  Proclamation 2513 National Institute for Juvenile Justice and Delinquency Prevention, establishment 1125 National Institute for Juvenile Justice and Delinquency Prevention, Advisory Committee for the, establishment 1118 National Institute of Allergy and Infectious Diseases:  Appropriation for 1639  National Commission on Arthritis and Related Musculoskeletal Diseases, ex officio member 2218 National Institute of Arthritis, Metabolism, and Digestive Diseases:  Appropriation for 1639  Associate Director for Arthritis and Related Musculoskeletal Disease 2224  National Commission on Arthritis, and Related Musculoskeletal Diseases, ex officio member 2218  National Commission on Diabetes, member 374 National Institute of Building Sciences, establishment 730 National Institute of Child Health and Human Development:  Advisory Board on Child Abuse and Neglect, member 7  Appropriation for 1639  National Commission on Diabetes, member 374 National Institute of Corrections, establishment 1139 National Institute of Dental Research:  Appropriation for 1639  National Commission on Diabetes, member 374 National Institute of Education:  Advisory Board on Child Abuse and Neglect, member 7  Appropriation for 220, 1643  Bilingual education programs 511  Career Education, National Advisory Council for, member 552  Compensatory education programs, study 599  Education Statistics, Advisory Council on, member 556  Gifted and talented children, education of, research 548  Local educational agencies, allocation of funds, report to 499 National Institute of Environmental Health Sciences:  Appropriation for 1639  Coal conversion, effects on public health, study 259 National Institute of General Medical Sciences:  Appropriation for 1639  National Commission on Arthritis and Related Musculoskeletal Diseases, ex officio member 2218  National Commission on Diabetes, member 374 National Institute of Mental Health:  Advisory’ Board on Child Abuse and Neglect, member 7  Biomedical and behavioral research, peer review of grant applications and contracts, cooperation 360  Crisis counseling assistance and training 157  Establishment 135 National Institute of Neurological Diseases and Stroke:  Appropriation for 1639  National Commission on Diabetes, member 374 National Institute on Aging, establishment 185 National Institute on Alcohol Abuse and Alcoholism:  Biomedical and behavioral research, peer review of grant applications and contracts, cooperation 360  Departmental position of 135  Interagency Committee on Federal Activities for Alcohol Abuse and Alcoholism, Chairman 133 National Institute on Drug Abuse:  Biomedical and behavioral research, peer review of grant applications and contracts, cooperation 360  Departmental position of 136 National Institutes of Health:  Appropriation for 220, 1638  Diabetes Mellitus Coordinating Committee, establishment 377  Fire victims, treatment and rehabilitation, research program 1547C68  National Commission on Arthritis and Related Musculoskeletal Diseases, ex officio member 2218  National Commission on Diabetes, establishment 374  National Research Service Awards 342 National Inventors’ Day, 1974, proclamation 2447 National Labor Relations Act, Amendments:  Employees of nonprofit hospitals, extension of coverage to 395  Reporting requirements under, modification 1972 National Labor Relations Board:  Appropriation for 228, 1650  Reporting requirements, modification 1972 National Legal Secretaries’ Court Observance Week:  Designation 1262  Proclamation 2530 National Library of Medicine, appropriation for 1640 National Maritime Day, 1974, proclamation 2468 National Mass Transportation Assistance Act of 1974 1565 National Mediation Board, appropriation for 228, 1650 National MIA Awareness Day, proclamation 2441 National Mobile Home Advisory Council, appointment 702 National Mobile Home Construction and Safety Standards Act of 1974 700 National Museum Act of 1966, Amendment, Smithsonian Institution, addition funds authorized 339 National Nurse Week, 1974, proclamation 2445 National Oceanic and Atmospheric Administration:  Appropriation for 209, 218, 279, 1197  Deepwater ports, potential locations, evaluation regulations, consultation 2131  Reporting requirements, elimination of certain 1967 National Panel on Alcohol, Drug Abuse, and Mental Health, establishment 134 National Park Service:  Appropriation for 222, 805, 806  Boston National Historical Park Act of 1974 1184  Budget authority, rescission of certain 1710  Lowell Historic Canal District Commission, member 2331 National Parkinson Week, 1974, proclamation 2534 National Parks, Monuments, Seashores, Etc.:  Acquisition ceiling increase; boundary changes 1445–1447  Big Cypress National Preserve, Fla., establishment 1258  Big South Fork National River and Recreation Area, Tenn.-Ky., establishment 43  Big Thicket National Preserve, Tex., establishment 1254  Biscayne National Monument, Fla., acquisition ceiling increases; boundary changes 1445, 1446  Boston National Historical Park Act of 1974 1184  Cabrillo National Monument, Calif., Page boundary revision, proclamation 2514  Canaveral National Seashore, Fla., establishment 2121  Cape Lookout National Seashore, N.C., land acquisition 1448  Cascade Head Scenic-Research Area, Oreg., establishment 1732  Channel Islands National Monument, Calif., donation of lands to 1447  Clara Barton National Historic Site, Md., establishment 1461  Colonial National Historical Park, Va., appropriation ceiling increase 1445  Cross Timbers National Grasslands, Tex., designation as Lyndon B. Johnson National Grasslands 188  Cumberland Gap National Historical Park, Ky., acquisition and development ceiling increases; boundary changes 1445, 1446  Cuyahoga Valley National Recreation Area, Ohio, establishment 1784  Egmont Key National Wildlife Refuge, Fla., establishment 295  Farallon National Wildlife Refuge, Calif., designation of Farallon Wilderness within 1744  Fort Necessity National Battlefield, Pa., appropriation ceiling increase; boundary change 1445, 1446  Golden Gate National Recreation Area, Calif., additional lands 1741  Grand Canyon National Monument, Ariz., abolishment 2090  Grand Canyon National Park Enlargement Act 2089  Great Dismal Swamp National Wildlife Refuge, Va.-N.C., establishment 801  Harpers Ferry National Historical Park, W. Va., additional lands and interpretive shuttle service 1420  Independence National Historic Park, Pa., appropriation ceiling increase; boundary change 1445, 1446  Indiana Dunes National Lakeshore, Ind., appropriation ceiling increase 1445  John Day Fossil Beds National Monument, Oreg., establishment 1461  Knife River Indian Villages National Historic Site, N. Dak., establishment 1461  Lake Mead National Recreation Area, Ariz.-Nev., appropriation ceiling increase 1445  Lava Beds National Monument, Calif., boundary change 1447  Marble Canyon National Monument, Ariz., abolishment 2090  Martin Van Buren National Historic Site, N.Y., establishment 1462  Moores Creek National Military Park, N.C., land acquisition and development, authorization of funds for 1445  Morristown National Historical Park, N.J., appropriation ceiling increase; boundary change 1445, 1447  Point Reyes National Seashore, Calif., additional lands 1744  Rocky Mountain National Park, Colo., additional lands 1445, 1447  San Juan National Historic Site, Puerto Rico, damage studies 1447C69  Sequoia National Park, Calif., use of Page certain lands within for a hydroelectric project 1660  Sewali-Belmont House National Historic Site, D.C., designation 1463  Sleeping Bear Dunes National Lakeshore, Mich., appropriation ceiling increase 1446  Springfield Armory National Historic Site, Mass., establishment 1461  Tuskegee Institute National Historic Site, Ala., establishment 1462  Wild and scenic rivers system, designating segments of certain rivers for possible inclusion in 2094 National Planning and Advisory Council:  Establishment 1631  White House Conference on Handicapped Individuals, planning and guidance 1631 National Poison Prevention Week, 1974, proclamation 2449 National Port Week, 1974, proclamation 2446 National Railroad Passenger Corporation:  Amtrak Improvement Act of 1974 1526  Appropriation for 211,776  Customs inspection procedures, cooperation 1527  High-speed ground transportation between major west coast cities, feasibility study, consultation 1532  Northeast Corridor project completion, cooperation 1527  Passenger equipment, repair and maintenance 1527  Stock ownership 1526 National Railway Historical Society, Incorporated, Hawaii Chapter, surplus property donations 1742 National Research Act 342  Conference papers, signing of duplicates 2404 National Research Service Award Act of 1974 342 National Safe Boating Week, 1974, proclamation 2453 National School Lunch Act:  Amendments—   Commodity distribution program 286   Level of commodity assistance 286   Reduced price lunches, income guidelines 286   Technical 287  Appropriation for effecting provisions 195, 1827, 1841 National School Lunch and Child Nutrition Act Amendments of 1974 286 National School Lunch Week, 1974, proclamation 2509 National Science Foundation:  Appropriation for 228, 276, 1101, 1772  Career Education, National Advisory Council for, member 552  Geothermal energy, scientific and technical education 1085  Geothermal Energy Coordination and Management Project, member; cooperation 1081, 1085  Solar energy—   Science and engineering education programs 1436   Use for heating and cooling homes, demonstration, cooperation 738  Solar Energy’ Coordination and Management Project, member 1432  Solar Heating and Cooling Demonstration Act of 1974 1069  Solar heating and geothermal power functions, transfer to Energy Research and Development Administration 1238 National Science Foundation Act of 1950, appropriation for effecting provisions 276, 1101 National Science Foundation Authorization Act, 1975 1093 National Security Council, appropriation for 618 National Student Government Day, 1974, proclamation 2498 National Study Commission on Records and Documents of Federal Officials, establishment 1699 National Technical Information Service, appropriation for 1198 National Technical Institute for the Deaf, appropriation for 1646 National Technical Institute for the Deaf Act, appropriation for effecting provisions 1646 National Traffic and Motor Vehicle Safety Act of 1966, Amendments:  Additional funds authorized 1470  Inspection and recordkeeping 1478  Motor vehicle defects, discovery, notification, and remedy 1470  Motor vehicle safety standards, cost information 1480  Regrooved tires 1484  Safety belt interlock systems 1482  Schoolbus safety, mandatory standards 1484 National Transportation Safety Board:  Appropriation for 225, 777  Establishment 2167 National Visitor Center Facilities Act of 1968, Amendment, Union Station, D.C., construction of parking facilities adjacent to; additional funds 1449 National Volunteer Week, 1974, proclamation 2476 National Wildlife Refuge System, wilderness areas within, designation 2153 National Wildlife Refuge System Administration Act Amendments of 1974 1603 National Wildlife Refuge System Administration Act of 1966, Amendment, rights-of-way, easements, or reservations, payment of fair market value 1603 National Zoological Park, appropriation for 820 Native American Programs Act of 1974 2324 Natural Gas Pipeline Safety Act Amendments of 1974 602 Natural Gas Pipeline Safety Act of 1968:  Amendments—   Funds, authorization 802   Pipeline safety programs, allocation of funds to States 802  Appropriation for effecting provisions 769 Navajo and Hopi Indian Relocation Commission, establishment 1716 Navajo and Hopi Tribes, Ariz., settlement of land dispute 1712 Navajo Tribe of Indians, Ariz., lands held in trust for 1490 Naval Petroleum Reserves, appropriation for 1218C70 Naval Sea Cadet Corps:  Surplus naval material, recipients 2147  Youth programs, discrimination on the basis of sex, elimination 1575 Navigation, Permanent International Commission of the Congresses of, increase of funds 39 Navy, Department of the. See also Armed Forces; Defense, Department of.  Active duty personnel strength 401  Aircraft, missiles, vessels, etc.—   Procurement, appropriation for 1220   Research and development, appropriation authorization 233, 400, 401  Appropriation for 196, 219, 1213  Band, sale of recordings for American Revolution Bicentennial 1868  Civilian personnel strength 403  Culebra, Island of, naval training operations, restrictions 406  De Luz Dam, Calif., report to Congress on, elimination 1967  Disciplinary employees, retirement benefits for certain 355  Family housing, appropriation for 2181  General provisions, Appropriation Act 2182  Land conveyances, Boy Scouts of America, Gulf Coast Council 1768  Medical officers in initial residency continuation pay 792  Military Construction Appropriation Act, 1975 2179  Military Construction Authorization Act, 1975 1748  Military training, student load 404  Nuclear powered vessels, construction 408  Official temporary residence of Vice President of the United States, staffing and maintenance by 340  Operation and maintenance, appropriation for 196, 1215  Personnel and equipment, loan to Bureau of Sport Fisheries and Wildlife 124  Petroleum reserves, appropriation for 1218  Physicians, dentists, and medical officers, revised pay structure 94, 95  Procurement, appropriation for 197, 198, 1220, 1221  Research, development, etc., appropriation for 1223  Reserve components—   Appropriation for 1214   Aviation career incentive pay 179   Deceased members, presentation of flag for 176   Facilities, construction, etc 1770   Military construction, appropriation for 2181   Military training, student load 404   Officers formerly missing in action, appointment to active list 1954   Operation and maintenance, appropriation for 196, 1216   Selected Reserve, strength 402  Reserve Forces Facilities Authorization Act, 1975 1770  Temporary officers formerly missing in action, appointment to active list 1954  Vessels, restrictions on transfer to other nations 406 Nebraska, Niobrara, seepage and drainage problem, increased authorization 19 Neurological Diseases and Stroke, National Institute of:  Appropriation for 1639  National Commission on Diabetes, member 374 Nevada:  Lake Mead National Recreation Area, appropriation ceiling increase 1445  Title to lands, removal of cloud on 1843 New Community Development Corporation, new name for Community Development Corporation 725 New Hampshire, Presidential Range-Dry River Wilderness, designation 2097 New Jersey:  Brigantine Wilderness, designation 2154  Morristowm National Historical Park, appropriation ceiling increase; boundary change 1445, 1447  Trenton, Broad and Front Street Garage, eligibility as a local grant-in-aid of the neighborhood development program 740 New Mexico:  Alamogordo Dam and Reservoir, name changed to Sumner Dam and Lake Sumner 1363  Albuquerque, land conveyance 1875  Bosque del Apache Wilderness, designation 2154  Captain, return of body of Smokey Bear on his death 2421  Cumbres and Toltec Scenic Railroad Compact 1421  Heron Reservoir, San Juan-Chama project, releases for recreation pool in Elephant Butte Reservoir 1498  Pueblo of Acoma Tribe, lands exchange with Forest Service 1738  Sumner Dam and Lake Sumner, designation 1363 New Mexico Slate University, land conveyance 1375 New York:  Conveyance of mineral interests and release of conditions to the conveyance of certain lands 1382  Eisenhower College—   Appropriation for payment to 1780   Transfer of proceeds from sale of certain coins to 1262  Fort Covington, hydroelectric energy facilities for transmission between Canada and the United States 260  Great South Bay, flood control survey, report 33  Martin Van Buren National Historic Site, establishment 1462  Metropolitan Museum of Art, indemnification agreement 1444 Nicaragua, disaster relief assistance 290 Ninety-fourth Congress, First Session, convention date 1770 Nixon, Richard:  Pardon, granting to, proclamation 2502  Recordings and materials of, preservation 1695  Tapes and documents in Federal custody, prohibition of transfer 1783 “No-Knock” Search Warrant Authority, repeal 1455 Nonnuclear Energy Research and Development Act of 1974, Federal 1878C71 North Atlantic Treaty Organization:  Standardization of equipment, assessment by Secretary of Defense 402  25th anniversary, proclamation 2470 North Carolina:  Arrowood Civilian Conservation Corps Center, designation as Lyndon B. Johnson Civilian Conservation Corps Center 188  Cape Lookout National Seashore, land acquisition 1448  Chattooga River, component of national wild and scenic rivers system, designation 122  Ellicott Rock Wilderness, designation 2097  Great Dismal Swamp National Wildlife Refuge, establishment 801  Joyce Kilmer-Slickrock Wilderness, designation 2097  Lyndon B. Johnson Civilian Conservation Corps Center, designation 188  Moores Creek National Military Park, land acquisition and development, authorization of funds for 1445  Nolichuckey River, segment designated for possible inclusion in the national wild and scenic rivers system 2095  Tobacco acreage allotments or quotas, emergency lease or transfer 1416  Wake Forest University, sale of former consulate building in Venice to 84 North Dakota:  Apple Creek unit, Pick-Sloan Missouri Basin program, potential water resource development program, feasibility study 1498  Chase Lake and Lostwood Wilderness areas, designation 2154  International Peace Garden, appropriation ceiling increase 1446  Knife River Indian Villages National Historic Site, establishment 1461  Lignite coal research laboratory, elimination of reporting requirements on activities 1969  Montrail County Park Commission, land conveyance 24  Sisseton and Wahpeton Sioux Tribe, Lake Traverse Reservation—   Land acquisition 1468   Lands in trust 1465 North Vietnam. See Vietnam, North. Northwest Atlantic Fisheries Act of 1950, Amendment, fish conservation, international enforcement, U.S. participation 293 Noxious Weed Act of 1974, Federal 2148 Nuclear Cooperation, International Agreements for, congressional approval requirement 1460 Nuclear Incidents, damages involving U.S. warships, payment of claims and judgments 1611 Nuclear Material Safety and Safeguards, Office of, establishment 1245 Nuclear Powerplants in Israel or Egypt, restriction on foreign assistance funds for 1813 Nuclear Reactor Regulation, Office of, establishment 1244 Nuclear Regulatory Commission:  Establishment 1242  Nuclear energy center site survey 1247 Nuclear Regulatory Research, Office of, establishment 1246 Nuclear Weapons:  Countries developing, denial of International Development Association funds to 445  Tactical weapons in Europe, study 402 Nurse Week, National, 1974, proclamation 2445 Nutrition and Human Needs, national policy, hearings and reports on, printing of additional copies 2425 Nutrition Service, Food and, appropriation for 195, 1840 O. C. Fisher Dam and Lake, Tex., designation 2173 Oak Ridge National Laboratory, Tenn, designated as Holifield National Laboratory 1977 Occupational Safety and Health Act of 1970, appropriation for effecting provisions 1636, 1638 Occupational Safety and Health Administration, appropriation for 1636 Occupational Safety and Health Review Commission, appropriation for 1650 Ocean Exposition, International, appropriation for 210 Ocean Exposition Appropriations Authorization Act of 1973, International 194 Oceanic and Atmospheric Administration, National:  Appropriation for 209, 218, 279, 1197  Deepwater ports, potential locations, evaluation regulations, consultation 2131  Reporting requirements, elimination of certain 1967 Oceans and International Environmental and Scientific Affairs, Bureau of, Assistant Secretary for, compensation 238 Office for Civil Rights, appropriation for 1647 Office for the Blind and Visually Handicapped, additional personnel 1629 Office of Bilingual Education, establishment 509 Office of Career Education:  Career Education, National Advisory Council for, member 552  Establishment 551 Office of Child Development:  Advisory Board on Child Abuse and Neglect, member 7  Appropriation for 204 Office of Coal Research:  Appropriation for 277  Transfer of functions to Energy Research and Development Administration 1237 Office of Consumer Affairs, appropriation for 1840 Office of Consumers’ Education, establishment 553 Office of Employee Plans and Exempt Organizations, establishment 951 Office of Environmental Quality, appropriation for 1834 Office of Federal Procurement Policy:  Appropriation for 1780  Establishment 797 Office of Federal Procurement Policy Act 796  Appropriation for effecting provisions 1780C72 Office of Juvenile Justice and Delinquency Prevention:  Coordinating Council on Juvenile Justice and Delinquency Prevention, Vice Chairman 1116  Establishment 1112 Office of Libraries and Learning Resources, establishment 576 Office of Nuclear Material Safety and Safeguards, establishment 1245 Office of Nuclear Reactor Regulation, establishment 1244 Office of Nuclear Regulatory Research, establishment 1246 Office of Private Grievances and Redress, establishment 112 Office of the People’s Counsel, D.C., establishment 1975 Offshore Shrimp Fisheries Act of 1973, appropriation for effecting provisions 209 Ohio:  Cuyahoga Valley National Recreation Area, establishment 1784  West Sister Island Wildnerness, designation 2154 Ohio and Erie Canal, Ohio, preservation study 1447 Oil and Gas:  Appropriation for certain programs 278  Deepwater ports, oil discharge, liability 2141  Naval petroleum reserves, appropriation for 1218  Recovery, field testing of nuclear explosives for, restriction on funds 279 Oil and Gas, Office of:  Appropriation for 200  Transfer of functions to Federal Energy Administration 100 Oklahoma:  Absentee Shawnee Tribe, lands held in trust for 1922  Cheyenne-Arapaho Tribes, lands held in trust for 1915  Citizen Band of Pottawatomie Indians, lands held in trust for 1922  Illinois River, segment designated for possible inclusion in the national wild and scenic rivers system 2094  Indian tribes, certain excess Federal property, disposal 1954  Inter-Tribal Council Inc., lands held in trust for 1920  Mountain Park project, water supply for city of Frederick 1492 Old-Age and Survivors Insurance Trust Fund, Federal, authorization of funds for 947 Older Americans Act of 1965:  Amendments—   Nutrition program for the elderly—    Additional funds authorized 357    Level of assistance; food stamps, regulation of use 358   Transportation projects 357  Appropriation for effecting provisions 1646, 1775 Older Americans Comprehensive Services Amendments of 1973, appropriation for effecting provisions 1635 Older Americans Month, 1974, proclamation 2479 Omnibus Crime Control and Safe Streets Page Act of 1968:  Amendments—   Conforming amendments 1142   National Commission for the Review of Federal and State Laws on Wiretapping and Electronic Surveillance, extension; closed meetings 1972  Appropriation for effecting provisions 1194 One World Government, restriction on use of funds for promotion of 1192 Optometrists, Federal employee health benefits program participants, access to services of 398 Oregon:  Cascade Head Scenic-Research Area, establishment 1732  Fishing vessels, certain inspection and loadline requirements, exemption 1182, 1183  John Day Fossil Beds National Monument, establishment 1461  John Day River, segment designated for possible inclusion in the national wild and scenic rivers system 2094  Klamath project, transfer of certain lands to owners 1494  Owyhee River, segment designated for possible inclusion in the national wild and scenic rivers system 2095  Savage Rapids Dam, Grants Pass Division, Rogue River Basin, construction of improved anadromous fish passage 1498  Siuslaw National Forest, boundary extension 1733 Organic Act of Guam, Amendment, transactions of government, elimination of report to Congress 1969 Organic Act of 1944, appropriation for effecting provisions 817, 1822–1829, 1831, 1832, 1834, 1837, 1841, 1842 Organization of American Historians, National Study Commission on Records and Documents of Federal Officials, appointment of member 1700 “Our American Government. What Is It? How Does It Work?”, printing as House document 2403 “Our Flag”, printing as House document 2403 Outdoor Advertising, control of 2281, 2284 Outdoor Recreation, Bureau of, appropriation for 222, 805 Overseas Private Investment Corporation, extension of authority 763–768 Overseas Private Investment Corporation Amendments Act of 1974 763 Pacific Islands, Trust Territory of the. See Trust Territory of the Pacific Islands. Pacific Marine Fisheries Commission, appropriation for 1198 Packaging and Labeling Act, Fair, Amendment, administration, modification of reporting requirements 1972 Packers and Stockyards Act, appropriation for effecting provisions 1828 Packers and Stockyards Administration, appropriation for 217, 1828 Page, Arizona, Community Act of 1974 1486C73 Paiute Indians, Ariz., land allotment to certain 1716 Pakistan:  Disaster relief assistance 290  Refugees from, appropriation for assistance 1867 Pan American Day and Pan American Week, proclamation 2472 Panama Canal. See Canal Zone. Panama Canal Company:  Appropriation for 220, 779  Borrowing authority, increase 1966 Paperwork, Commission on Federal, establishment 1789 Parent Locator Service, establishment 2353 Park Service, National:  Appropriation for 222, 805, 806  Boston National Historical Park Act of 1974 1184  Budget authority, rescission of certain 1710 Parkinson Week, National, 1974, proclamation 2534 Passports, application fees 1151 Patent and Trademark Office, new name for Patent Office 1949 Patent Office:  Appropriation for 1198  First Assistant Commissioner of Patents, title changed to Deputy Commissioner; examiners-in-chief, appointment 1956  Name changed to Patent and Trademark Office 1949  Patent issue fee, late payment 1956  Reasons of appeal, elimination 1955  Solar heating and cooling, use, information dissemination 1075 Patents:  Atomic energy, licensing requirements, extension 475  Nonnuclear energy research and development, policy 1887 Peace Corps Act, Amendment, funds for program, authorization; readjustment allowances 191 Pennsylvania:  Fort Necessity National Battlefield, appropriation ceiling increase; boundary change 1445, 1446  Independence National Historical Park, appropriation ceiling increase; boundary change 1445, 1446 Pennsylvania Avenue Development Corporation, appropriation for 822 Pennsylvania Avenue Development Corporation Act of 1972:  Amendments—   Construction moratorium, extension 1170   Experts and consultants, employment 1170   Increased funds authorized 1170  Appropriation for effecting provisions 822 Penny, composition of 1261 Pension Adjustment Act of 1974, Veterans and Survivors 1702 Pension Benefit Guaranty Corporation:  Advisory committee, establishment 1005  Employee benefit plans, reports to 840  Establishment 1004 Pension Benefit Plans, Advisory Council on Employee Welfare and, establishment 895 Pension Plans Disclosure Act, Welfare and, Amendment, repeal 851 Pension Reform Act. See Employee Retirement Income Security Act of 1974 Pension Task Force, Joint, establishment 999 People’s Counsel, Office of the, D.C., establishment 1975 People’s Republic of China, exhibition of the archeological finds of, indemnification agreement 143 Perishable Agricultural Commodities Act, 1930, Amendments, marketing practices, violation, monetary penalty 423 Permanent International Commission of the Congresses of Navigation, increase of funds 39 Petroleum Allocation, Office of, transfer of functions to Federal Energy Administration 100 Petroleum Allocation Act of 1973, Emergency, Amendment, extension 1608 Petroleum and Petroleum Products:  Modification of importation, proclamation 2510  Southeast Asia, denial of funds for export to non-United States nationals 1232 Petroleum Reserves, Naval, appropriation for 1218 Philippines, Republic of the, medical care grants, appropriation for 1105 Piscataway Park, Md., acquisition of lands 1304 Plant Health Inspection Service, Animal and, appropriation for 195, 217, 1824 Plums, export grade standards 1966 Point Reyes National Seashore, Calif., additional lands 1744 Poison Prevention Week, National, 1974, proclamation 2449 Police:  Capitol Police—   Appropriation for 434   Overtime compensation 430  International Criminal Police Organization, United States membership dues, increase 1422  Training, use of foreign assistance for, prohibition 1804 Police and Firemen’s Salary Act of 1958, District of Columbia, Amendments, technical amendments 2173 Policemen and Firemen’s Retirement and Disability Act, Amendments:  Disability retirement—   Pay computation 2177   Recommendation, examination 1040, 1041  Survivor benefits 1041 Political Organizations, tax treatment 2116–2121 Pollution:  Clean Air Act. See separate title.  Coast Guard vessels, abatement of pollution by, appropriation authorization 1181  Deepwater ports, marine environmental protection; oil discharge prohibition, liability 2137, 2141–2145  Federal Water Pollution Control Act—   Amendment, program extension 1924   Appropriation for effecting provisions 1836   Public facility and housing assistance, applications in areas affected by major disasters, priority 151  Federal Water Pollution Control Act Amendments of 1972, appropriation for effecting provisions 1836  Intervention on the High Seas Act 8C74  Marine Protection, Research, and Sanctuaries Act of 1972, Amendments—   Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matters, implementation 50   Ocean dumping provisions, extension 1430  Military departments, air and water pollution abatement programs 1746, 1750, 1751, 1754  Navy pollution abatement craft, appropriation authorization 400  “Woodsy Owl”, name, character, or slogan, use and reproduction 244 Pollution Control Facilities, amortization provisions, extension 2109 Population Growth, foreign assistance programs relating to, additional funds authorized 1795 Population Year, World, 1974, proclamation 2489 Pork, temporary quantitative limitation on importation into the United States from Canada, importation 2540 Port Week, National, 1974, proclamation 2446 Portal-to-Portal Pay Act of 1947, Amendment, statute of limitation, suspension 61 Portugal and Portuguese Colonies, assistance to 1818, 1867 Postal Service, United States:  Annual budget 288  Appropriation Act, 1975 616  Appropriation for 213, 616, 1780  Civil Service Retirement and Disability Fund, payments to 354  Employees, withholding certain city taxes 294  General provisions, Appropriation Act 629, 630  Passport application execution fees 1151  Postage rates, adjustments, extension 287  Postmaster General, National Commission on Electronic Fund Transfers, member 1508  United States mail, transportation in foreign air transportation, rates 2103 Postal Service Appropriation Act, 1975 616 Potomac River Basin, Interstate Commission on the, appropriation for 791 Power Commission, Federal:  Appropriation for 228, 791  Hydroelectric energy facilities for transmission between Canada and the United States, Presidential permit, authority to issue 260  Solar Energy Coordination and Management Project, member 1432 Practice of Psychology Act Amendments 1615 Prayer for Peace Memorial Day, May 27, 1974, proclamation 2482 President of the United States:  Air services to nations aiding terrorists, suspension authority 413  Appointments by—   Blind and Other Severely Handicapped, Committee for Purchase from, member 393   Coordinating Council on Juvenile Justice and Delinquency Prevention, members 1116   Copyrighted Works, National Commission on New Technological Uses of, members 1874   Council on Wage and Price Stability, Director and members 750   District of Columbia Law Revision Commission, members 480   Education officers of the United States 559   Federal Election Commission, members 1281   Federal Paperwork, Commission on, members 1790   Geothermal Energy Coordination and Management Project, member 1081   Intergovernmental Advisory Council on Community Services, members 2297   National Advisory Committee for Juvenile Justice and Delinquency Prevention, members 1117   National Commission on Electronic Fund Transfers, members 1508   National Commission on Supplies and Shortages, members 1168   National Study Commission on Records and Documents of Federal Officials, member 1700   Pension Benefit Guaranty Corporation, advisory committee, members 1006   Privacy Protection Study Commission, members 1905   Recovery Planning Council, member 160   Solar Energy Coordination and Management Project, member 1432   Trade Negotiations, Advisory Committee for, members 1996   White House Conference on Education, National Conference Committee to guide and plan, members 598   White House Conference on Library and Information Services, advisory committee of, members 1857  Appointments by, with advice and consent of the Senate—   Alcohol, Drug Abuse, and Mental Health Administration, Administrator 134   Building Sciences, National Institute of, Board of Directors 730   Commodity Futures Trading Commission, Chairman and Commissioners 1389   Community Services Administration, Director, Deputy Director and Assistant Directors 2310, 2311   Energy Research and Development Administration, Administrator, Deputy Administrator, and Assistant Administrators 1234, 1235   Federal Energy Administration, Administrator, Deputy and Assistant Administrators, and General Counsel 97, 98   Federal Procurement Policy, Office of, Administrator 797   Harry S Truman Scholarship Foundation, members 2277   Juvenile Justice and Delinquency Prevention, Office of, Assistant Administrator 1113   Legal Services Corporation, Board of Directors, members 379C75   National Fire Prevention and Control Administration, Administrator and Deputy Administrator 1536   National Institutes of Health, Director 360   National Study Commission on Records and Documents of Federal Officials, members 1700   National Transportation Safety Board, members 2167   Nuclear Regulatory Commission, members 1243   Rehabilitation Services Administration, Commissioner 1617   Special Representative for Trade Negotiations; Deputy Special Representatives for Trade Negotiations 1999   United States Fish and Wildlife Service, Director 92   Women’s Educational Programs, Advisory Council, members 555  Conventional arms trade 1817  Countries engaged in certain trade or shipping, assistance prohibition, waiver authority 1805  Deepwater ports, negotiations with Canada and Mexico 2147  Disaster preparedness program, establishment 145  Economic Report, Joint Economic Committee’s filing date, extension 49  Election of 1972, illegal and unethical activities, hearings and report, printing of additional copies 2404  Executive Office—   Appropriation Act, 1975 617   Appropriation for 216, 617, 1780   Compensation of the President, appropriation for 617   Council of Economic Advisers—    Appropriation for 216, 617    National Commission on Productivity and Work Quality, cooperation 237   Council on International Economic Policy, appropriation for 216, 617   Council on Wage and Price Stability—    Appropriation for 1781    Establishment 750   Domestic Council, appropriation for 617   Economic Advisers, Council of—    Appropriation for 216, 617    National Commission on Productivity and Work Quality, cooperation 237   Economic Opportunity, Office of—    Appropriation for 204    Intergovernmental Advisory Council on Community Services, establishment 2297    Wage information on certain employees, elimination of report requirement 1970   Energy Resources Council, establishment 1241   Environmental Quality, Council on. See separate title.   Federal Energy Office, appropriation for 280, 618   Federal Procurement Policy, Office of—    Appropriation for 1780    Establishment 797    International Economic Policy, Council on, appropriation for 216, 617    Management and Budget, Office of. See separate title.    National Commission on Productivity, appropriation for 618    National Security Council, appropriation for 618    Special Action Office for Drug Abuse Prevention—     Appropriation for 619     Coordinating Council on Juvenile Justice and Delinquency Prevention, member 1116    Special Representative for Trade Negotiations, Office of the—     Appropriation for 216, 1206     Establishment of new; abolishment of former 1999, 2000     Product sectors of manufacturing, establishment 1984     Trade agreements, cooperation 1995, 1998    Telecommunications Policy, Office of, appropriation for 216, 618    White House Office, appropriation for 216,619  Executive residence, appropriation for 216, 617  Federal Election Campaign Act Amendments for 1974 1263  Foreign Assistance Act of 1974 1795  Former—   Appropriation for 1782   Office staff, etc., appropriation for 628   Richard M. Nixon—    Pardon, granting to, proclamation 2502    Recordings and materials of, preservation 1695    Tapes and documents in Federal custody, prohibition of transfer 1783  Former Presidents Act of 1958, appropriation for effecting provisions 1782  Funds appropriated to—   Disaster relief assistance 199   Economic stabilization activities 217   Federal Disaster Assistance Administration 200   Foreign assistance 217   Indochina postwar reconstruction assistance 199  Hopi-Navajo Tribe land dispute, interagency committee to assist Mediator, establishment 1712  Indochina, economic aid 1805, 1806  Joint Funding Simplification Act of 1974 1604  Nuclear materials and technology, review of exports and safeguards 1557  Proclamations. See separate title.  Reports to Congress. See Congress, Reports to.  Trade agreements—   Consultation with congressional committees 1983   General policy and sector advisory committees, establishment 1996  Water and related resources projects, study 34  White House Conference on Library and Information Services 1856C76 President of the United States, Reports Page to:  Agriculture, Department of—   Renewable Resource Program 477   Wilderness areas, additional, suitability review 2098   Youth Conservation Corps program 1068  Child Abuse and Neglect, Advisory Board on, programs assisted under 8  Commerce, Department of—   Fire prevention and control 1545   High technology exports, license applications 1554   Import increases, assistance to firms injured by, study 2035  Commodity Futures Trading Commission, budget estimate 1390  Comptroller General, Legal Services Corporation, audit 387  Copyrighted Works, National Commission on New Technological Uses of, activities and recommendations 1875  District of Columbia Law Revision Council, annual 483  Education programs 508, 509, 511, 555, 598, 600, 608  Energy Research and Development Administration—   Helium, potential energy applications of, Federal program management 1238   Nonnuclear energy research and development, patent policies 1891  Environmental Quality, Council on, energy research and development, conduct 1892  Federal Election Commission, activities 1283  Federal Energy Administration, Federal Energy Administration Act of Federal Paperwork, Commission on, findings and recommendations 1790  Geothermal Energy Coordination and Management Project—   Activities 1088   Geothermal resources development, program definition 1082  Harry S Truman Scholarship Foundation, operations 2280  Health, Education, and Welfare, Department of—   Aging, research program 186   Blind vendors, nationally administered retirement, pension, and welfare insurance system, study 1630   Health care costs and financing, resources, and health of the Nation’s people 368   White House Conference on Handicapped Individuals 1633  Hoover Institution on War, Revolution, and Peace, Stanford University, Calif., expenditure of funds 1919  Housing and Urban Development, Department of, solar heating and cooling programs 1073, 1076  Intergovernmental Advisory Council on Community Services, annual 2297  Interior, Department of the—   Big Cypress National Preserve, Fla., suitability as a wilderness area 1261   Big Thicket National Preserve, Tex., Page suitability as a wilderness area 1257   Canaveral National Seashore, Fla., suitability as a wilderness area 2125   Cape Lookout National Seashore, N.C., suitability as a wilderness area 1449   Colorado River salinity control program 274   Salinity control units, planning reports 272   Youth Conservation Corps program 1068  International Trade Commission, United States—   Communist country imports, market disruption, investigation 2062   Estimated expenditures and appropriations 2011   Import relief 2013, 2018   Imports, exports, and production, statistical enumeration, study 2074   Unfair import practices, determination 2055  Juvenile Justice, Advisory Committee on Standards for, recommendations 1128  Labor, Department of, trade-related unemployment, worker adjustment assistance, study 2020  Law Enforcement Assistance Administration, juvenile delinquency programs 1114, 1127  Legal Services Corporation, annual 386  Management and Budget, Office of, Commission on Federal Paperwork recommendations, status of action taken 1790  Modification or discontinuation of certain 1969–1972  National Aeronautics and Space Administration, solar heating and cooling systems, comprehensive plan 1073  National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, activities 351  National Commission on Electronic Fund Transfers, findings and recommendations 1509  National Commission on Productivity and Work Quality, activities 237  National Institute of Arthritis, Metabolism, and Digestive Diseases, Arthritis Plan, proposed activities and evaluation 2224  National Institute of Corrections, annual 1141  National Planning and Advisory Council, White House Conference on Handicapped Individuals 1633  Pension Benefit Guaranty Corporation, activities 1014  President’s Biomedical Research Panel 361  Privacy Protection Study Commission, recommendations, activities 1906, 1909  Solar Energy Coordination and Management Project, activities and comprehensive program definition 1437  Study Commission on Records and Documents of Federal Officials, National, findings and recommendations 1701  Supplies and Shortages, National Commission on, recommendations 1169C77  Trade Negotiations, Advisory Committee for, trade agreements 1997  Transportation, Department of—   High-speed ground transportation between major west coast cities, feasibility study 1532   Railroad safety 2164  Veterans Administration—   Aged veterans and widows, needs and problems 1705   Tuition assistance allowance program abuses, study 1581 President of the United States, Reports to for Transmittal to Congress:  Building Sciences, National Institute of, activities, annual 733  Energy Research and Development Administration—   Activities 1251   Transfer of certain functions to Defense Department, recommendations 1252  Environmental Protection Agency, rural water survey 1694  Housing and Urban Development, Department of, mobile home construction and safety standards 714  Nuclear Regulatory Commission, activities 1252  Railroad Retirement Board, annual 1340  Transportation, Department of, hazardous materials, transportation of 2160  Wage and Price Stability, Council on, activities, findings, and recommendations 751  White House Conference on Library and Information Services, final report 1857 Presidential Primary Matching Payment Account Act 1297 Presidential Recordings and Materials Preservation Act 1695 Presidential Transition Act of 1963, appropriation for effecting provisions 1782 President’s Award For Outstanding Public Safety Service, establishment 1544 President’s Biomedical Research Panel, establishment 361 President’s Committee on Employment of the Handicapped, appropriation for 223 President’s National Commission on Productivity, renamed the National Commission on Productivity and Work Quality 236 Pretrial Services Agencies, establishment 2086 Pribilof Islands, appropriation for administration of 209, 218, 1198 Price Stability Act, Council on Wage and 750 Printing House for the Blind, American, appropriation for 1646 Prison Industries, Incorporated, Federal:  Appropriation for 223, 1208  Employees, retirement benefits 355 Prison System, Federal, appropriation for 223, 1194 Prisoners of War and Missing in Action, deceased, funeral transportation and living expense benefits to families of 53 Prisons, Bureau of:  Appropriation for 223, 1194  Employees, retirement benefits 355  National Institute of Corrections, establishment 1139 Privacy Act of 1974 1896 Privacy Act of 1974, Family Educational Rights and 571 Privacy Protection Study Commission, establishment 1905 Private Grievances and Redress, Office of, establishment 112 Proclamations:  American Education Week, 1974 2533  American Forestry Week and World Forestry Day, 1974 2459  American Heart Month, 1974 2444  Armed Forces Day 2460  Ball bearings, modification of trade agreement concessions; adjustment of duty 2464  Bill of Rights Day—Human Rights Day and Week 2543  Brandy, modification of trade agreement concessions; adjustment of duty 2494  Cabrillo National Monument, Calif., boundary enlargement 2514  Cancer Control Month, 1974 2469  Captive Nations Week, 1974 2492  Cattle, beef, veal, swine, and pork, temporary quantitative limitation on importation into the United States from Canada 2540  Child Health Day, 1974 2524  Citizenship Day and Constitution Week, 1974 2503  Columbus Day, 1974 2499  Country Music Month, October 1974 2529  Drug Abuse Prevention Week, 1974 2531  Earth Week, 1974 2475  Emergency Medical Services Week, 1974 2535  Father’s Day, 1974 2486  Fire Prevention Week, 1974 2521  Flag Day and National Flag Week, 1974 2484  General Pulaski’s Memorial Day, 1974 2528  Immunization Action Week, 1974 2532  International Clergy Week in the United States 2439  International Women’s Year 1975 2442  Johnny Horizon ’76 Clean Up America Month 2508   Designation 1151  Law Day, U.S.A., 1974 2477  Legal Rights for Retarded Citizens Week, 1974 2481  Leif Erikson Day, 1974 2523  Loyalty Day, 1974 2461  March of Dimes Birth Defects Prevention Month, designation 1821  Meats, import limitations on certain 2454, 2540  Mother’s Day, 1974 2473  National Arthritis Month, 1974 2478  National Coin Week, 1974 2474  National Day of Prayer, 1974 2544  National Defense Transportation Day and National Transportation Week, 1974 2480  National Employ the Handicapped Week, 1974 2507  National Farm-City Week, 1974 2527  National Farm Safety Week, 1974 2450  National Forest Products Week, 1974 2496  National Hispanic Heritage Week, 1974 2501  National Hunting and Fishing Day, 1974 2513   Designation 1166C78  National Inventors’ Day, 1974 2447  National Legal Secretaries’ Court Observance Week, 1974 2530  Designation 1262  National Maritime Day, 1974 2468  National MIA Awareness Day 2441  National Nurse Week, 1974 2445  National Parkinson Week, 1974 2534  National Poison Prevention Week, 1974 2449  National Port Week, 1974 2446  National Safe Boating Week, 1974 2453  National School Lunch Week, 1974 2509  National Student Government Day, 1974 2498  National Volunteer Week, 1974 2476  NATO, 25th anniversary 2470  Nixon, Richard, granting pardon to 2502  Older Americans Month, 1974 2479  Pan American Day and Pan American Week 2472  Petroleum and petroleum products, modification of importation 2510  Prayer for Peace Memorial Day, May 27, 1974 2482  Red Cross Month, 1974 2456  Save Your Vision Week, 1974 2448  Small Business Week, 1974 2471  Tariff schedules, importation of agricultural commodities, amendments 2437, 2440, 2457, 2487  Tariffs and quota on certain sugars, sirups and molasses 2537  Thanksgiving Day, 1974 2536  United Nations Day, 1974 2490  United States Customs 185th Anniversary Year 2497  United States Space Week, 1974 2493  Designation 2406  Veterans Day, 1974 2525  Vietnam era draft evaders and military deserters, program for return 2504  Vietnam Veterans Day 2451  White Cane Safety Day, 1974 2491  Women’s Equality Day, 1974 2500  Designation 633  World Environment Day, 1974 2485  World Population Year, 1974 2489  World Trade Week, 1974 2463  Wright Brothers Day, 1974 2542 Procurement Policy, Office of Federal:  Appropriation for 1780  Establishment 797 Product Safety Commission, Consumer:  Appropriation for 1840  Federal mobile home construction and safety standards, cooperation 701  Fire safety standards for consumer products, assistance 1549 Productivity, National Commission on, appropriation for 618 Productivity and Work Quality, National Commission on, designation 236 Program Review and Evaluation, Office of, establishment 326 Property and Administrative Services Act of 1949, Federal. See Federal Property and Administrative Services Act of 1949. Property Management and Disposal Service, appropriation for 226 Psychologists, Clinical, Federal employee health benefits program participants, access to services of 398 Psychology Act Amendments, Practice of. 1615 Public Broadcasting, Corporation for, appropriation for 1649 Public Buildings Amendments of 1972, appropriation for effecting provisions 1646 Public Buildings Purchase Contract Act of 1954, appropriation for effecting provisions 1646 Public Buildings Service, appropriation for 226 Public Debt, Bureau of the, appropriation for 212, 225, 615 Public Documents Act 1698 “Public Financing of Federal Elections”, hearings, printing of additional copies 2426 Public Health Service:  Certain employees, retirement benefits 355  Medical officers in initial residency, continuation pay 792 Public Health Service Act:  Advisory committees established by, termination, effective date 2275  Amendments—   Alcohol and drug use, research 132   Area health services development funds 2273   Arthritis Coordinating Committee, establishment 2221   Arthritis Screening and Detection Data Bank, establishment 2222   Biomedical and behavioral research programs—    Institutional Review Boards, establishment 353    Peer review of grant applications and contract projects 360   Cancer program, extension 358   Comprehensive arthritis centers 2222   Diabetes Mellitus Coordinating Committee, establishment 377   Diabetes prevention and control programs; research and training centers 376   Drinking water, protection of underground sources of 1674   Health professions schools—    Financial distress grants, extension 347    Special project grants and contracts 354   Health resources development; state plan, allotments, loans, etc 2258–2273   Health services research and evaluation; health statistics 362   Health systems agencies 2229   Medical library assistance programs, extension and revision 371   National Advisory Council on Comprehensive Health Planning Programs, repeal of provision 2275   National Advisory Council for the Protection of Subjects of Biomedical and Behavioral Research, establishment 351   National Center for Health Service Research, establishment 363   National Center for Health Statistics, establishment 365   National guidelines for health planning 2227   National Institute of Mental Health, establishment 135C79   National Institute on Aging, establishment 185   National Research Service Awards 342   Public water systems, safety of 1661   Scholarship and student loan programs, extension 741   State health planning and development 2242   Sudden infant death syndrome—    Counseling, information, educational and statistical programs 91    Research 90   Uterine cancer diagnosis, trial program 359  Appropriation for effecting provisions 202, 818, 1637–1641, 1644, 1773  Repeal of certain provisions 362, 372, 373 Public Safety Service, President’s Award For Outstanding, establishment 1544 Public Safety Service, Secretary’s Award For Distinguished, establishment 1544 Public Works and Economic Development Act of 1965:  Amendments—   Disaster areas, economic recovery 160   Economic development planning grants 1159   Extension of program; authorization of funds 1158   Indian economic development 1162   Job opportunities program 1853   Public works and development facilities, grants and loans 161   Recovery Planning Council, designation 160   Redevelopment areas, business development assistance 1158   Regional excess property program 1162   Special economic development and adjustment assistance 1164   Supplemental and basic grants 1160  Appropriation for effecting provisions 1196  Public facility and housing assistance, applications in areas affected by major disasters, priority 151 Public Works for Water and Power Development and Atomic Energy Commission Appropriation Act, 1975 782 Pueblo of Acoma Tribe, N. Mex., land exchange with Forest Service 1738 Puerto Rico:  Blind vending facilities program on Federal property 1629  Caribbean Development Bank, participation in 1818  Child abuse and neglect, demonstration programs, treatment as a State 2310  Education programs—   Assistance 489, 611   Treatment as a State 611  Handicapped children in, education programs, grants 581  Imported coffee, duty 2071  Minimum wage, increase 56–58  Pension plans, tax exemption 942  San Juan National Historic Site, damage studies 1447  Social services programs, allotment of funds 2339 Pulaski’s Memorial Day, General, 1974, proclamation 2528 Radio Broadcasting, International, appropriation for 210 Radio Free Europe and Radio Liberty, grants, appropriation for funds 1204 Radioactive Materials, transportation on passenger-carrying aircraft, regulations 2159 Rail Corporation, Consolidated, North east Corridor project completion, cooperation 1527 Rail Passenger Service Act of 1970:  Amendments—   Customs inspection 1527   Discontinuance of service 1530   Experimental routes in major population areas, priority 1527   Intermodal transportation terminals, conversion of railroad terminals as 1528   National Railroad Passenger Corporation, stock ownership 1526   Northeast Corridor project, completion 1527   Passenger equipment, repair and maintenance 1527   Rail service beyond basic system 1527   Terminals of historical or architectural significance, preservation and reuse programs 1528  Appropriation for effecting provisions 211 Rail Reorganization Act of 1973, Regional. See Regional Rail Reorganization Act of 1973. Rail Safety Improvement Act of 1974 2164 Rail Services Planning Office, appropriation for 212 Railroad Administration, Federal:  Appropriation for 211, 224, 775, 1779, 2108  High-speed ground transportation, appropriation for research 211 Railroad Passenger Corporation, National. See National Railroad Passenger Corporation. Railroad Retirement Act, appropriation for effecting provisions 1650 Railroad Retirement Act of 1937, Amendments:  Retirement benefits, increase 1360  Revision 1305 Railroad Retirement Act of 1974 1305  Annuity eligibility requirements 1312  Automatic benefit eligibility requirement adjustments 1350  Court jurisdiction 1343  Employee annuities, computation 1319  Lump-sum payments 1334  Railroad Retirement Account 1346  Railroad Retirement Board, powers and duties 1338  Social Security Act, crediting service under 1349  Spouse and survivor annuities 1327 Railroad Retirement Board, appropriation for 229, 1650 Railroad Safety Act of 1970, Federal, Amendments:  Accident reports, violation of requirements, civil penalties 2165  Additional funds 2166  Comprehensive railroad safety report 164  Enforcement 2166 Railroad Unemployment Insurance Act, Amendment, technical 1359C80 Railroads:  Alaska Railroad, appropriation for 776  Amtrak Improvement Act of 1974 1526  Cumbres and Toltec Scenic Railroad Compact 1421  Employees, social security benefits 1312  High-speed ground transportation—   Appropriation for research 211   System between major west coast cities, feasibility study 1531  Integration with other modes of transportation, study 1534  National Railway Historical Society, Inc., Hawaii Chapter, surplus property donations 1742  Rail service continuation subsidies, eligibilities 1464  Rail terminals of historical or architectural significance, preservation or reuse program 1528  Railroad-highway crossings—   Demonstration projects, appropriation for 211, 773   Hammond, Ind., demonstration project 1575   Lafayette, Ind., demonstration project, study 2282  Railroad rolling stock, amortization provisions, extension 2109 Railway Association, United States:  Additional funds 1464  Appropriation for 212, 1780  Northeast Corridor project completion, cooperation 1527  Reporting date, extension 1464 Railway Labor Act, appropriation for effecting provisions 1650 Randolph-Sheppard Act, Amendments:  Program implementation 1623–1629  Repeal of certain provisions 1626 Randolph-Sheppard Act Amendments of 1974 1622 Rangeland Renewable Resources Planning Act of 1974, Forest and 476 Rayburn Library, Samuel, Tex., transfer of certain funds to from Eisenhower College, N.Y 1262 Real Estate Settlement Procedures Act of 1974 1724 Reclamation, Bureau of, appropriation for 207, 222, 785, 1778 Reclamation Development Act of 1974, The 1486 Reclamation Project Act of 1939, Amendment, reclamation project lands, classifications and reclassifications of, elimination of report requirement 1970 Reclamation Projects:  Alabama-Coosa River Basin 49  Apple Creek unit, Pick-Sloan Missouri Basin program, N. Dak., potential water resource development program, feasibility study 1498  Arkansas River Basin 49  Belle Fourche Dam, Belle Fourche project, S. Dak., rehabilitation 1495  Brazos River Basin 49  Cibolo project, Tex., construction, etc., authorization 1491  Coachella Canal of the Boulder Canyon project, Calif., canal or canal lining, construction 268  Colorado River Basin project, appropriation for 786  Colorado River Basin Salinity Control Page Act 266  Colorado River Basin salinity control projects, appropriation for 786  Colorado River storage project, incorporation of Page, Ariz 1486  Columbia River Basin 49  Florida, central and southern sections 49  Fryingpan-Arkansas project, Colo., construction, etc., increased authorization 1497  Glendo Dam and Reservoir, Wyo., road reconstruction 1496  Heron Reservoir, San Juan-Chama project, N. Mex., releases for recreation pool in Elephant Butte Reservoir 1498  Hidden Reservoir project, Calif., lake created by designated as Hensley Lake 1959  Klamath project, Oreg., transfer of certain lands to owners 1494  Lake Casitas Recreation Area, Calif., acquisition of additional land for open space 1493  Libby Dam Project, Kootenai River, Mont., funds for fish hatchery facilities 25  Mississippi River and tributaries 49  Missouri River Basin 49  Mountain Park project, water supply for Frederick, Okla 1492  Nueces River project, Tex., construction, etc., authorization 1496  Ohio River Basin 49  Ouachita River Basin 49  Red River Waterway project 49  Sacramento River, Calif., bank erosion control works and setback levees 49  San Joaquin River Basin 49  Savage Rapids Dam, Grants Pass Division, Rogue River Basin, Oreg., construction of improved anadromous fish passage 1498  Solano County Calif., potential water resource development program, feasibility study 1498  Solano project, Calif., recreation facilities, authorization 1494  South Platte River Basin 49  Susquehanna River Basin, North Branch 49  Upper Colorado River storage project, appropriation for 786  Upper Mississippi River Basin 49  Vernal Unit, Central Utah project and Emery County project, Utah, drainage construction 1495  White River Basin 49  Yuma, Ariz., municipal and industrial water delivery system, feasibility study 1498 Recreation, Bureau of Outdoor, appropriation for 805 “Recreation Imperative—The National Outdoor Recreation Plan, The”, printing of additional copies 2411 Red Cross, American National, disaster relief, cooperation 150 Red Cross, International Committee of the, increased U. S. contribution 199, 238 Red Cross Month, 1974, proclamation 2456 Regional Action Planning Commissions, appropriation for 1196C81 Regional Rail Reorganization Act of 1973:  Amendments—   Rail service continuation subsidies, eligibility 1464   United States Railway Association, additional funds; reporting date, extension 1464  Appropriation for effecting provisions 212, 1780, 2108 Rehabilitation Act Amendments of 1974 1617 Rehabilitation Act of 1973:  Amendments—   Program extension 1618, 1619   Rehabilitation Services Administration, transfer to Office of the Secretary of Health, Education, and Welfare 1617  Appropriation for effecting provisions 204, 1644 Rehabilitation Equalization Amendments Act of 1974, Veterans’ Education and 1958 Rehabilitation Service, Social and:  Advisory Board on Child Abuse and Neglect, member 7  Appropriation for 203, 1643 Rehabilitation Services Administration:  Adaptive equipment and adapted conveyances, research and development, cooperation 1737  Office for the Blind and Visually Handicapped, additional personnel 1629  Transfer to Office of the Secretary of Health, Education, and Welfare 1617 Religious Organizations, information systems maintained by, exemption from investigation by Privacy Protection Study Commission 1907 Renegotiation Act of 1951:  Amendment, extension 288  Study on by the Joint Committee on Internal Revenue Taxation 422 Renegotiation Board, appropriation for 229, 1102 Rental Housing, rehabilitation of low-income, amortization provisions, extension 2109 Reorganization Plans:  No. 2 of 1968, appropriation for effecting provisions 1097  No. 1 of 1973, appropriation for effecting provisions 1099  No. 2 of 1973, amendment, immigration inspection, transfer of functions to Treasury Department, nullification 50 Reports to Congress. See Congress, Reports to. Reports to the President. See President of the United States, Reports to. Republic of China, Formosa Resolution, repeal 1439 Research and Development:  Aeronautical and space research, appropriation for 276, 1100  Aging, program for research 186  Aircraft piracy, protection procedures and facilities 417  Armed Forces—   Aircraft, missies, vessels, etc., appropriation authorization 233, 401   Appropriation for 198, 1222  Atomic Energy Commission, facilities, etc., appropriation authorization 115  Bilingual education programs 511  Biomedical and behavioral research—   Federally funded research, nondiscrimination 353   Human subjects, protection 348   Peer review of grant applications and contract projects 360  Cascade Head Scenic-Research Area, Oreg., establishment 1732  Colorado River Basin salinity control programs 272  Dogs, use in biological or chemical warfare research, prohibition 406  Drinking water, contaminants in 1682  Economic development programs 2292, 2305, 2307, 2324  Education of gifted and talented children 548  Egg Research and Consumer Information Act 1171  Energy programs, appropriation for 1835  Energy Research and Development Administration. See separate title.  Environmental programs, appropriation for 1835  Federal Nonnuclear Energy Research and Development Act of 1974 1878  Fetal research—   Limitation 353   Study on 350  Fire prevention and control 1541  Fire Research Center, establishment 1546  Fire victims, treatment and rehabilitation 1547  Geothermal Energy Research, Development, and Demonstration Act of 1974 1079  Handicapped persons—   Adaptive equipment and adapted conveyances for 1737   Education of, increased funds authorized 585  Health sciences, international cooperation 367  High-speed ground transportation, appropriation for 211  Housing and urban problems, appropriation for 1097  Housing design and development demonstration for special needs, grants 738  Human subjects, informed consent requirement, restriction on funds 1652  Juvenile delinquency programs 1126  Maritime programs, appropriation for 1199  Medical and prosthetic research, appropriation for 1104  NASA, appropriation authorization 240  National Center for Health Services Research, establishment 363  National Center for Health Statistics, establishment 365  National Diabetes Mellitus Research and Education Act 373  National Mobile Home Construction and Safety Standards Act of 1974 704  National Research Act 342  National Research Service Award Act of 1974 342  Nuclear Regulatory Research, Office of, establishment 1246  Pension benefit plans 896, 1000  President’s Biomedical Research Panel, establishment 361  Solar Energy Research, Development, and Demonstration Act of 1974 1431  Solar heating and cooling systems 1072, 1074C82  Special Energy Research and Development Appropriation Act, 1975 276  Sudden infant death syndrome, grants for research 90  Transportation Department, appropriation for 769, 770, 771, 773, 775, 777  Underground and electric power transmission, appropriation for 279 Research on Aging Act of 1974 184 Reserve Forces Facilities Authorization Act, 1975 1770 Retarded Citizens Week, Legal Rights for, 1974, proclamation 2481 Retired Federal Employees Health Benefits Act, appropriation for effecting provisions 620 Retired Senior Volunteer Program, local contributions, restrictions 358 Retirement Act of 1974, Railroad 1305 Retirement Income Security Act of 1974, Employee. See Employee Retirement Income Security Act of 1974. Revenue Act of 1941:  Appropriation for effecting provisions 433  Repeal of certain provision 304 Revised Organic Act of the Virgin Islands, Amendment, conveyance of certain lands 1211 River and Harbor Act of 1948, Amendment, permanent International Commission of the Congresses of Navigation, increase of funds 39 River and Harbor Act of 1970, Amendments:  Chicago River, Ill., channel clearance 15  Great Lakes and Saint Lawrence Seaway, navigation season demonstration program, extension 32  Small boat harbor projects, operation and maintenance 15  Spoil disposal facilities, waiver of certain payments 20 River Basin Monetary Authorization Act of 1974 49 River Basin Monetary Authorization and Miscellaneous Civil Works Amendments Act of 1970, Amendment, Libby Dam project, Kootenai River, Mont., funds for fish hatchery facilities 25 Rivers and Harbors:  Big South Fork National River and Recreation Area, Tenn.-Ky., establishment 43  Chattooga River, N.C.-S.C.-Ga., component of national wild and scenic rivers system, designation 122  Chicago River, III., channel clearance 15  Colorado River Basin project, appropriation for 786  Colorado River Basin Project Act—   Amendment, Lower Colorado River Basin Development Fund, salinity control unit costs 273   Appropriation for effecting provisions 786  Colorado River Basin Salinity Control Act 266  Colorado River Basin salinity control projects, appropriation for 786  Colorado River Storage Project Act, amendment, Upper Colorado River Basin fund, salinity control unit costs 273  Deepwater Port Act of 1974 2126  Federal Columbia River Transmission System Act 1376  Fresno River, Calif., lake created by, designation as Hensley Lake 1959  Lower Saint Croix River Act of 1972, amendment, additional funds authorized 2096  Mississippi River, appropriation for flood control 207, 784  North Concho River, Tex., San Angelo Dam and Reservoir renamed the O. C. Fisher Dam and Lake 2173  Ohio and Erie Canal, Ohio, preservation study 1447  Sacramento River, Calif., bank erosion control works and setback levees 49  San Gabriel River, Tex., Laneport Dam and Lake renamed Granger Dam and Lake 2153  Upper Colorado River storage project, appropriation for 786  Water resources development projects 12–49  Wild and scenic rivers system, designating segments of certain rivers for possible inclusion in 2094  Wynoochee River, Wynoochee Dam and Lake, Wash., funds for fish hatchery facilities 25 Rocky Mountain National Park, Colo., additional lands 1445, 1447 Roosevelt Campobello International Park Commission, appropriation for 806 Runaway Youth Act 1129 Rural Areas:  Community economic development, special programs 2318  Drinking water survey 1693  Fire prevention and control improvement, assistance 1541  Highway public transportation demonstration program—   Additional funds authorized 2282   Appropriation for 773  Housing program 692–700  Medical facilities, modernization and construction, assistance 2258, 2263  Primary and secondary highway systems in, authorization of funds 2281  Rail services, integration with other modes of transportation, study 1534 Rural Development Act Consolidated Farm and, appropriation for effecting provisions 1831–1834 Rural Development Act of 1972, appropriation for effecting provisions 1825, 1826 Rural Development Loan Fund, administration of 2320 Rural Development Service, appropriation for 217, 1831 Rural Electrification Act of 1936, appropriation for effecting provisions 1831, 1832 Rural Electrification Administration, appropriation or 217, 1831 Rural Rehabilitation Corporation Trust Liquidation Act, appropriation for effecting provisions 1834 Safe Drinking Water Act 1660 Safety Board Act of 1974, Independent 2166C83 Saint Elizabeths Hospital:  Appropriation for 1640, 1773  United States prisoners, reimbursement for support 1194 Saint Lawrence Seaway Act, Amendment, Saint Lawrence Seaway Corporation, term of Administrator 1977 Saint Lawrence Seaway Development Corporation:  Administrator, term 1977  Appropriation for 225, 777 Saline Water, Office of, appropriation for 805, 1782 Saline Water Conversion Act of 1971, The:  Appropriation for effecting provisions 805  Program, authorization of funds 295 Salvation Army, disaster relief, cooperation 150 Samuel Rayburn Library, Tex., transfer of certain funds to from Eisenhower College, N.Y 1262 San Angelo Dam and Reservoir, Tex., name changed to O. C. Fisher Dam and Lake 2173 San Carlos Apache Indian Tribe, Ariz., lands held in trust for 1711 San Juan National Historic Site, Puerto Rico, damage studies 1447 Save Your Vision Week, 1974, proclamation 2448 School Aid Act, Emergency, Amendments:  Advisory councils, extension 612  Education parks provision, repeal 519  Extension 587  Mathematics, special projects for teaching 588 School Lunch Act, National. See National School Lunch Act. School Lunch Week, National, 1974, proclamation 2509 Schoolbus Safety Amendments of 1974, Motor Vehicle and 1470 Schools and Colleges:  Alcohol and Drug Abuse Education Act Amendments of 1974 1154  Athletic injuries, study 603  Busing orders, postponement of effectiveness 519  Campus disrupters, denial of financial assistance 1102, 1209, 1231, 1651  Community college programs, planning, time extension 606  Community Schools Act 549  Disaster assistance 522  District of Columbia—   Appropriation for 824   School fare subsidy, extension 446  District of Columbia, University of the, establishment 1424  Dropout prevention projects, extension 512  Eisenhower College, N.Y.—   Appropriation for payment to 1780   Transfer of proceeds from sale of certain coins to 1262  Emergency school aid 587  Ethnic heritage studies centers, extension 513  Federal City College, D.C., president of, appropriation for 824  Federal control of curriculum, instruction, administration, or personnel, prohibition 2294  Gallaudet College, D.C., appropriation for 204, 1646  Health professions schools, financial Page distress grants, extension 347  Hoover Institution on War, Revolution, and Peace, Stanford University, Calif., grants to 1918  Howard University, D.C., appropriation for 204, 1646  Impacted area programs, extension 521  Indian children, school construction for 2214  Indians in public schools, education of 2213  Intercollegiate athletic activities in federally assisted programs, proposed regulations 612  Model Secondary School for the Deaf, appropriation for effecting provisions 1646  National School Lunch and Child Nutrition Act Amendments of 1974 286  New Mexico State University, land conveyance 1375  Nutrition and health services, extension 512  Safe school study 602  School bus driver training 2291  Solar energy related education programs 1436  Students—   Employment 69   Financial evaluation 89   Loans, interest subsidy payments 87  United States Army Command and General Staff College, degree of master of military art and science, requirements 407  Veterans, educational assistance, time extension 176  Wake Forest University, N.C., sale of former consulate building in Venice to 84  Washington Technical Institute, D.C., appropriation for president of 824  Youth Conservation Corps facilities, availability 1067 Science Foundation, National. See National Science Foundation Science Foundation Act of 1950, National, appropriation for effecting provisions 276, 101 Science Foundation Authorization Act, 1975, National 1093 Science Information Exchange, Smithsonian, appropriation for 820 Seafood, purchase for domestic food assistance programs 340 Second Liberty Bond Act, public debt limit, temporary increase 285 Second Supplemental Appropriations Act, 1974 195 Secret Service, United States, appropriation for 213, 225, 616 Secretary’s Award For Distinguished Public Safety Service, establishment 1544 Securities and Exchange Commission, appropriation for 229, 1102 Securities Exchange Act of 1934, Amendment, Federal Home Loan Bank Board, certain securities, transfer of regulatory authority to 1503 Security Agency Appropriation Act, 1947, Federal, appropriation for effecting provisions 1636 Selective Service System, appropriation for 200, 229, 1102 Seminole Tribe, Fla., Big Cypress National Preserve, land use and visitor service contract rights 1260C84 Senate. See also Congress; Legislative Page Branch of the Government.  Adjournment 2398, 2399, 2400, 2402, 2404, 2411, 2425  Adjournment, ruling 2406  Adjournment, sine die 2433  Administrative provisions, appropriation for 427, 1776  Aeronautical and Space Sciences, Committee on, reports to—   Interior, Department of the, Canaveral National Seashore, Fla., land transfers 2122   NASA—    Funds, use 241, 242    Satellite services contracts 243  Agriculture and Forestry, Committee on, report to by, Commodity Futures Trading Commission, budget estimate and legislative recommendation 1390, 1391  Appropriation for 205, 214, 424, 1775  Appropriations, Committee on—   Bills and resolutions providing new spending authority, jurisdiction to report 317   Defense, Department of, elimination of certain reporting requirements 1968   Educational data consortium, participation 558   Reports to—    Army, Department of the, military construction, etc 1747    Commodity Futures Trading Commission, budget estimate 1390    Education, Office of—     Alcohol and drug abuse education projects 1156     Disaster assistance for schools, expenditures 532     Educationally deprived children, program evaluation 500    Health, Education, and Welfare, Department of—     Arthritis research, estimate of amount requested for 2221     Diabetes research, budget estimates 375     Sudden infant death syndrome research 90    Interior, Department of the—     Big Cypress National Preserve, Fla., land acquisition plan 1259     Big Thicket National Preserve, Tex., land acquisition plan 1256     Cuyahoga Valley National Recreation Area, Ohio, plans 1786    NASA, satellite services contracts 243    President of the United States—     Famine or disaster relief 1803     Middle East, assistance to nations in 1813   Spending authority and permanent budget authority, provisions of law, study 319  Armed Services, Committee on—   Aviation Career Incentive Act of 1974, progress report, cooperation 180   Defense, Department of, cataloging and standardization programs, modification of report to 1971   Reports to—    Air Force, Department of the, military construction, etc 1755    Army, Department of the—     Military construction, etc 1747     United States Army Command and General Staff College, degree criteria 407    Defense, Department of—     Military aid to South Vietnam, obligations of funds 405     Military construction, etc 1757     Nuclear weapons in Europe, study 402     Special pay program for medical officers 96     TRIDENT site area, assistance 1764    Environmental Protection Agency, national drinking water regulations, compliance duty, waiver for security purposes, notice 1689    Health, Education and Welfare, Department of, special pay program for medical officers 96    Navy, Department of the, military construction, etc 1751  Banking, Housing and Urban Affairs, Committee on, reports to—   Housing and Urban Development, Department of, elimination of certain report 1968   Small Business Administration, allegations of illegal conduct and investigations 746  Budget, Committee on the—   Additional budget reform proposals, study 326   Establishment 300   Reports to—    Congressional Budget Office, fiscal policy 304, 305    Congressional budget process 307    Joint Economic Committee, President’s Budget, economic evaluation 325  Commerce, Committee on, reports to—   Environmental Protection Agency—    New motor vehicles, fuel economy improvement standard, study 261    Public water systems safety program, implementation 1691   Transportation, Department of, new motor vehicles, fuel economy improvement standard, study 261  Committee employees, compensation 52  Contingent expenses, appropriation for 205, 214, 426, 433  District office equipment, purchase by members leaving office 1388  Federal Election Campaign Act Amendments of 1974 1263  Finance, Committee on—   Joint Pension Task Force 999   Pension plan termination insurance, proposed schedule 1012   Reports to—    Civil Service Commission, Federal employee health insurance, coordination with Medicare 1454    Health, Education, and Welfare, Department of—     Federal employee health insurance, coordination with Medicare 1454     Social security-income tax reporting, annual basis 1468C85    Joint Committee on Internal Revenue Taxation, Renegotiation Act of 1951, study 423    U.S. imports and exports, statistics 2075   Retirement plans, study, report 999   Trade agreements, consultation 1983  Foreign Relations, Committee on, reports to—   Defense, Department of, nuclear weapons in Europe, study 402   Overseas Private Investment Corporation, investment insurance, participation by private companies 765   President of the United States—    Defense articles or services, sale of 1814    Famine or disaster relief 1803    Middle East, assistance to nations in 1813   State, Department of—    Assistance to Vietnam; United States personnel abroad 1444    Debt modification proposals 290  Franked mail 52  Government Operations, Committee on, report by the Office of Federal Procurement Policy, proposed policy or regulation 799  Holmen, Karin B., compensation 444  Interior and Insular Affairs, Committee on—   Interior, Department of the, revolving fund for loans to Indian tribes, elimination of report to 1970   Reports to—    Agriculture, Department of, national wild and scenic rivers system, exclusion of designated rivers 123    Interior, Department of the—     Big Cypress National Preserve, Fla., land acquisition plan 1259     Big Thicket National Preserve, Tex., land acquisition plan 1259     Canaveral National Seashore, Fla., land transfers; development plan 2122, 2126     Cape Lookout National Seashore, N.C., master development plan 1449     Certain submerged lands, proposed conveyance 1211     Cuyahoga Valley National Recreation Area, Ohio, plans 1786, 1788     Havasupai Indians, Ariz., plan for use of lands held in trust for 2092     Historical and archeological data preservation program 175     Indian education assistance programs 2214, 2216, 2217     National wild and scenic rivers system, exclusion of designated rivers 123   Wilderness areas, maps and descriptions filed with 2155  Labor and Public Welfare, Committee on—   Community economic development programs, study and report 2329   Educational data consortium, participation 558   Joint Pension Task Force 999   Pension plan termination insurance, Page proposed schedule 1012   Reports to—    Education, Office of, alcohol and drug abuse education projects 1156    Education programs 509, 532, 545, 557, 560, 564, 565, 568, 571, 596    Health, Education, and Welfare, Department of—     Arthritis research, estimate of amounts requested for 2221     Biomedical and behavioral research, study 346     Certain reporting requirements 2275     Diabetes research, budget estimates 375     Sudden infant death syndrome research and counseling 90, 92     Termination of certain advisory committees, recommendations 2275    National Science Foundation, transfer of funds; activities 1095   Retirement plans, study, report 999  Members and employees, erroneous payment claims, waiver 394  Minority leader, appointments by, District of Columbia Law Revision Commission, member 481  Office of Management and Budget, Director and Deputy Director, confirmation 11  Post Office and Civil Service, reports to—   Civil Service Commission, Federal employee health insurance, coordination with Medicare 1454   Health, Education, and Welfare, Department of, Federal employee health insurance, coordination with Medicare 1454  President of the Senate—   Appointments by—    American Indian Policy Review Commission, members 1910    Commission of Federal Paperwork, members 1790    Harry S Truman Scholarship Foundation, members 2277   Reports to—    American Indian Policy Review Commission, final 1913    Federal agencies, freedom of information activities 1564    Federal Procurement Policy, Office of—     Activities and recommendations 798     Procurement study 797    Health, Education, and Welfare, Department of, child day care services requirements, evaluation 2342    Interior, Department of the, geological survey report, modification 1971    Military departments, contract awards 1761    NASA—     Funds, use 241, 242     Satellite services contracts 243    National Science Foundation, transfer of funds 1095C86    Office of Education, public education, State equalization plan guidelines 610    President of the United States—     National Forest System, Renewable Resources Assessment and Program, Statement of Policy 478     Records maintained on individuals, disclosure, list of certain exempt records 1905    Transportation, Department of, Deepwater Port Act of 1974, administration, activities, recommendations 2146    Veterans Administration, dependency and indemnity compensation claims, study 183  President pro tempore—   Appointments by—    Congressional Budget Office, Director 302    District of Columbia Law Revision Commission, member 480    National Commission on Records and Documents of Federal Officials, members 1699    White House Conference on Education, National Conference Committee to guide and plan, members 598    White House Conference on Library and Information Services, advisory committee of, members 1857   Reports to, Energy Research and Development Administration, joint Federal-industry corporations, establishment 1885  Public Works, Committee on, reports to—   Engineers, Corps of, water resources development projects 13, 17, 28   Environmental Protection Agency—    New motor vehicles, economy improvement standard, study 261    Transportation regulations, study 257   Transportation, Department of, new motor vehicles, fuel economy improvement standard, study 261  Reports to—   Appropriations, Committee on, spending and permanent budget authority, recommendations 319   Budget, Committee on the—    Additional budget reform proposals, study 327    Congressional budget process 307    Off-budget agencies, study 325   General Accounting Office, audit of the Small Business Administration 750   Unfair trade practices 2042  Secretary of the, Federal Election Commission, ex officio member 1280  Senate Procedure, 1974 edition, appropriation for preparing 426  Veterans’ Affairs Committee on, report by the Veterans Administration, education loans, default experience and rate 1591 Sequoia National Park, Calif., use of certain lands within for a hydroelectric project 1660 Sewall-Belmont House National Historic Site, D.C., designation 1463 Sex, Discrimination on the Basis of, Prohibition:  Boy Scouts of America, exemption 1862  Camp Fire Girls, exemption 1862  Credit transactions 1521  Energy research and development and nuclear regulatory programs 1254  Exemption for membership in certain organizations 1862  Federal Energy Administration programs, exclusion from participation in, or denial of benefits of 109  Girl Scouts, exemption 1862  Intercollegiate athletic activities in federally assisted education programs, proposed regulations 612  Little League Baseball, Inc., girls, equal participation 1744  Naval Sea Cadet Corps youth programs 1575  Schools of medicine 347  Women’s educational programs 554, 555  Young Men’s Christian Association, exemption 1862 Shipping Act, 1916, Amendment, barge operations 1966 Shoe Lathes, temporary suspension of duty 235 Shoreline Erosion Advisory Panel, establishment 27 Shoreline Erosion Control Demonstration Act of 1974 26 Shortages Act of 1974, National Commission on Supplies and 1167  Appropriation for effecting provisions 1781 Shrimp Fisheries Act of 1973, Offshore, appropriation for effecting provisions 209 Silk Yarns, duty suspension, extension 1549 Silver and Gold, transactions for delivery pursuant to leverage contracts 1405 Sirups, Sugars, and Molasses, tariffs and quota on certain, establishment, proclamation 2537 Sisseton and Wahpeton Sioux, N. Dak.-S. Dak—  Lake Traverse, land acquisition 1468  Lands in trust 1465 Siuslaw National Forest, Oreg., boundary extension 1733 Sleeping Bear Dunes National Lakeshore, Mich., appropriation ceiling increase 1446 Small Business Act, Amendments:  Associate Administrator for Minority Small Business, designation 748  Chief Counsel for Advocacy, designation 749  Loan programs 742–749  Outstanding loan ceiling, increase 742  Reporting requirements, modification 1972  Small businesses affected by the energy crisis, loans 748 Small Business Administration:  Appropriation for 210, 229, 1205, 1779  Audit by General Accounting Office 750  Community development corporations, availability of assistance to, regulations 2321  Import increases, firms adversely affected by, assistance 2032C87  Indian Financing Act of 1974, management and technical assistance, cooperation 83  Reporting requirements, modification 1972  Surety Bond Guarantee Fund, transfer of funds to 1779  Surety bond program, study 749 Small Business Amendments of 1974 742 Small Business Investment Act of 1958, Amendments:  Business loans, interest rate, limitation 1559  Lease and surety bond guarantees, revolving funds, creation 747  Surety bond guaranty maximum, increase 747 Small Business Week, 1974, proclamation 2471 Smith-Lever Act, appropriation for effecting provisions 1825, 1826 Smithsonian Institution:  Appropriation authorization 339  Appropriation for 229, 819  Board of Regents—   Burden, Dr. William A. M., reappointment 795   Gell-Mann, Dr. Murray, appointment 800   Haskins, Dr. Caryl P., reappointment 795  National Air and Space Museum, appropriation for 820  National Gallery of Art, appropriation for 821  National Zoological Park, appropriation for 820  Science Information Exchange, appropriation for 820  Woodrow Wilson International Center for Scholars, appropriation for 821 “Smokey Bear”, name and character, use and reproduction, restrictions 244 Smokey Bear, return to Capitan, N. Mex. on his death 2421 Social and Economic Statistics Administration:  Appropriation for 218, 1196, 1643  Census, Bureau of the—   Education Statistics, Advisory Council on, member 556   Records maintained on individuals, disclosure to 1897 Social and Rehabilitation Service:  Advisory Board on Child Abuse and Neglect, member 7  Appropriation for 203, 1643 Social Security Account Numbers, disclosure to Federal, State, or local agencies 1909 Social Security Act:  Amendments—   Aged, blind, and disabled, supplemental security income benefits—    Cost-of-living adjustments 422    Reimbursements to States for interim assistance payments 420   Approval of certain projects, report modification 1971   Benefits for aged, blind, and disabled, unearned income computation 1460   Child support and establishment of paternity 2351   Deferred vested benefits, notice to claimant 947   Educational grants to States 2350   Farm rental income, exclusion from coverage 422   Health insurance for Federal employees, deadline for coordination with Medicare, postponement 1454   Old-age, survivors, and disability insurance benefits, Montana, policemen and firemen 2386   Provider Reimbursement Review Board, review of decisions 1459   Railroad Retirement Act of 1974, conforming amendments 1357   Repeal of certain provisions 2349   Social services, grants to States for 2337   Technical 2348  Appropriation for effecting provisions 1635, 1637, 1641, 1643–1647, 2107  Certain approved projects under, report on by Department of Health, Education, and Welfare, modification 1971  Presumptive disability benefits, time extension 52 Social Security Administration, appropriation for 204, 221, 1644 Social Security Amendments of 1965, appropriation for effecting provisions 1644 Social Security Amendments of 1972:  Amendment, inspectors of long-term care institutions, payments to, effective date, extension 422  Appropriation for effecting provisions 1773 Social Services Amendments of 1974 2337 Society of American Archivists, National Study Commission on Records and Documents of Federal Officials, appointment of member 1700 Soil Bank Act, appropriation for effecting provisions 1829 Soil Conservation and Domestic Allotment Act, appropriation for effecting provisions 1829, 1838 Soil Conservation Service, appropriation for 195, 217, 1836 Solar Energy, use for heating and cooling homes, demonstration 738 Solar Energy Coordination and Management Project, establishment 1432 Solar Energy Information Data Bank, establishment 1435 Solar Energy Research, Development, and Demonstration Act of 1974 1431 Solar Energy Research Institute, establishment 1436 Solar Heating and Cooling Demonstration Act of 1974 1069  Appropriation for effecting provisions 1772 Solar Heating and Cooling Information Data Bank, establishment 1075 Soldiers’ and Airmen’s Home, United States, appropriation for 219, 1651 Solid Waste Disposal Act, Amendment, extension of authorizations 1974 South Carolina:  Cape Romain Wilderness, designation 2154  Chattooga River, component of national wild and scenic rivers system, designation 122  Clarendon County, conveyance of mineral interests in 187, 189  Ellicott Rock Wilderness, designation 2097  Lee County Board of Education, conveyance and release of interests in land 1383C88 South Dakota:  Belle Fourche Dam, Belle Fourche project, rehabilitation 1495  Sisseton and Wahpeton Sioux Tribe—   Lake Traverse Reservation, land acquisition 1468   Lands in trust 1465 Southeast Asia, military decorations for service in, time limit for award of, extension 1422 Southeastern Power Administration, appropriation for 789 Southwestern Power Administration, appropriation for 222, 789 Soviet Refugees:  Appropriation for assistance 1867  Authorization of funds 1439 Space Museum, National Air and, appropriation for 820 Space Week, United States, designation authorization 2406 Special Action Office for Drug Abuse Prevention:  Appropriation for 619  Coordinating Council on Juvenile Justice and Delinquency Prevention, member 1116 Special Energy Research and Development Appropriation Act, 1975 276 Special Projects Act, new title for the Cooperative Research Act 544 Special Representative for Trade Negotiations, Office of the:  Appropriation for 216, 1206  Establishment of new; abolishment of former 1999, 2000  Product sectors of manufacturing, establishment 1984  Trade agreements, cooperation 1995, 1998 Speedy Trial Act of 1974 2076 Spessard L. Holland Visitor Center, Fla., designation 2124 Spokane Indian Reservation, Wash., nontaxable trust lands 142 Sport Fisheries and Wildlife, Bureau of:  Appropriation for 200, 222  Federal agency loan of personnel and equipment 123  Replaced by United States Fish and Wildlife Service 92 Spring field Armory National Historic Site, Mass., establishment 1461 SS Independence, sale to foreign registry 288 Standards, National Bureau of:  Appropriation for 1198  Energy-related inventions, evaluation 1894  Solar heating and cooling systems, cooperation 1071, 1072, 1074, 1075, 1078 State, Department of:  Appropriation Act, 1975 1187  Appropriation for 199, 207, 224, 1187  Appropriations, requirement of prior authorization 1442  Bureau of Oceans and International Environmental and Scientific Affairs, Assistant Secretary for, compensation 238  Center for Cultural and Technical Interchange Between East and West, appropriation for 208, 1191  Common carrier applications, notice of certain to 1577  Deepwater ports, safety zones; international agreements 2138  Department of State Appropriations Authorization Act of 1973, amendments—   Additional funds authorized 237   Technical 238  Educational Exchange—   Additional funds authorized 237, 1439   Appropriation for 208, 224  Energy Resources Council, member 1241  Exhibition of the archeological finds of the People’s Republic of China, in demnification agreement 143  Exports subject to national security control, technical advisory committees for, member 1553  Fishery management jurisdiction, enforcement study, cooperation 1183  Foreign affairs—   Additional funds authorized 237, 1439   Appropriation for administration 207, 224, 1187  Foreign Assistance Act of 1974 1795  Foreign Disaster Assistance Act of 1974 290  Foreign Service—   Officers, assignment to public organizations 1440   Personnel, death gratuities 1441  Foreign Service Buildings Act, 1926—   Amendment, construction and maintenance abroad, additional authorization 83   Appropriation for effecting provisions 1188  General provisions, Appropriation Act 1191, 1208  Indochina, economic aid 1805, 1806  International air transportation, discriminatory and unfair practices, review 2102  International Boundary and Water Commission, United States and Mexico, appropriation for 224, 1189  International Boundary Commission, United States and Canada, appropriation for 1190  International fisheries commissions, appropriation for 1191  International Joint Commission, United States and Canada, appropriation for 1190  International organizations. See separate title.  Intervention on the High Seas Act, nomination of experts and arbitrators 10  Metropolitan Museum of Art, N.Y., indemnification agreement 1444  Migration and refugee assistance—   Appropriation for 199   Authorization of funds 1439  Oil spills, uniform law for liability, study 2145  Passport fees 1151  Protection from terrorism, appropriation authorization 238  Salinity control programs downstream from the Imperial Dam, Colorado River Basin, cooperation 270  Secretary of, National Study Commission on Records and Documents of Federal Officials, appointment of member 1700  Soviet refugees, assistance, authorization of funds 1439C89  Student dependents of employees, travel Page expenses 1443  Trade agreements, cooperation 1995  United States Ambassadors, authority and responsibilities abroad 1442  United States mail, transportation in foreign air transportation, rates 2103  Vietnam, South, economic and military assistance plan, sense of Congress 1444  Wake Forest University, N.C., sale of former consulate building in Venice to 84 State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1975, Departments of 1187 State and Local Fiscal Assistance Act of 1972, Amendment, entitlement factors affected by major disasters 158 State Appropriations Authorization Act of 1973, Department of, Amendments—  Additional funds authorized 237  Political contributions of ambassadorial and ministerial nominees, report, publication 1440  Technical 238 State Department/USIA Authorization Act, Fiscal Year 1975 1439 “State Postsecondary Education Commissions”, printing for House Committee on Education and Labor 2405 Statewide Health Coordinating Council, organization and functions 2247 Statistical Reporting Service, appropriation for 217, 1826 Steel, exports to U.S., voluntary limitation 2073 Strategic and Critical Materials Stock Piling Act, appropriation for effecting provisions 627 Streambank Erosion Control Evaluation and Demonstration Act of 1974 21 Stroke, National Institute of Neurological Diseases and:  Appropriation for 1639  National Commission on Diabetes, member 374 Student Government Day, National, 1974, proclamation 2498 Student Loan Act of 1969, Emergency Insured:  Amendment, extension 89  Appropriation for effecting provisions 1642 Sudden Infant Death Syndrome Act of 1974 90 Sugar Act of 1948, appropriation for effecting provisions 1829 Sugars, Sirups, and Molasses, tariffs and quota on certain, establishment, proclamation 2537 Sullivan, Honorable Leonor K., unveiling of portrait proceedings, printing of additional copies 2431 “Summary of Veterans Legislation Reported, Ninety-third Congress”, printing of additional copies 2402 Summer Youth Recreation Program 2295 Sumner Dam and Lake Sumner, N. Mex., designation 1363 Supplemental Appropriations, urgent 76, 275, 2106 Supplemental Appropriations Act, 1975 1771 Supplies and Shortages, National Commission on:  Appropriation for 1781  Establishment 1168 Supplies and Shortages Act of 1974, National Commission on 1167  Appropriation for effecting provisions 1781 Supply Service, Federal, appropriation for 226, 626 Supreme Court of the United States. See under Courts, United States. “Surgeon General’s Report by the Scientific Advisory Committee on Television and Social Behavior”, hearings, printing of additional copies 2402 Susquehanna River Basin Commission, appropriation for 791 Swine, temporary quantitative limitation on importation into the United States from Canada, proclamation 2540 Synthetic Rutile, duty suspension, extension 1422 Tape Recordings, Presidental preservation 1695 Tariff Act of 1930:  Amendments—   Anti-price discrimination 2048   Countervailing duties 2049   Gifts sent from insular possessions, duty exemption 2075   Imports, exports, and production, uniform statistical data 2073   Unfair import practices 2053   United States International Trade Commission 2009–2011   U.S. manufacturers, producers, or wholesalers, petitions 2052  Import surcharge cases, review of protests, time extension 2075 Tariff Classification Act of 1962, modification of duties, proclamation 2438, 2441, 2458, 2488 Tariff Commission, United States:  Appropriation for 229, 1206  Name changed to United States International Trade Commission 2009 Tax Court of the United States:  Appropriation for 215, 629  Retirement plans, qualifications, declaratory judgments 949 Tax Lien Act of 1966, Federal, appropriation for effecting provisions 616 Tax Reform Act of 1969, Amendments, foundations, charitable distributions, exclusion of certain stock holdings 1467 Taxes:  District of Columbia real property tax 1052–1065  District of Columbia Revenue Act of 1947, amendment, corporate taxation 85  Employment tax—   Antipoverty agencies, withholding of certain 2315   Unemployment benefit reduction, tax credits 2025  Estate and gift tax, charitable trusts, extension of eligibility for deduction 1457  Excise tax—   Bows and arrows, postponement 238   Filled cheese, repeal of regulatory taxes 1466C90   Pension plans—    Individual retirement accounts, excess contributions and accumulations 966, 967    Minimum funding standards, failure to meet 920    Prohibited transactions 971    Self-employed individuals, excess contributions 955   Still wines, increased carbon dioxide in 1468   Wagers, reduction; information disclosure 1550  Income—   Antipoverty agencies, withholding of certain 2315   Armed Forces—    Members on death 1952    Members and civilians illegally detained in 1968, tax treatment 1953    Personnel, moving expense reimbursements, exemption 1466   Church retirement plans, exemption 926   Corporations filing consolidated returns, dividend income from life insurance affiliates 1454   Deductions—    Employer liability payments, contributions 1034    Pension trusts, employer contribution 921    Retirement savings 958    Savings accounts or deposits, interest penalties for premature withdrawal of 1458    Self-employed individuals, increase 952    Severance pay required by foreign law, employee contributions 942    Shareholder-employees, increase 952   Depletion allowance, decarbonation of trona, treatment process to be considered mining 1550   District of Columbia, campaign contributions, credit 470   Educational organizations, cooperative service organizations or, exemption 235   Employees’ trust, contributions to, exemption 992   Federal employees, withholding certain city taxes 294   Foreclosure property 2113   Individual retirement accounts 959   Insurance companies, lease guaranty insurance 1458   Interest penalties for premature withdrawal of savings, deduction 1458   Joint returns, filing by surviving spouse of Armed Forces member missing in action 1950   Legal Services Corporation, exemption 379   Low income rental housing, rehabilitation expenditures, special treatment 1456   Multiemployer pension plans, amortization 923   Pension Benefit Guaranty Corporation, exemption 1005   Pension plans termination—    Lump sum distributions 987    Recaptured income, period of limitation 1034   Political organizations 1291–1297, 2116   Puerto Rican pension plans, exemption 942   Retirement bonds 964   Self-employment net earnings, exclusion of farm rental income 422   Uniformed services, exclusion of scholarships 1458 Teachers’ Salary Act Amendments of 1974 1042  Technical amendments 2175 Technical Information Service, National, appropriation for 1198 Technical Interchange Between East and West, Center for Cultural and, appropriation for 208, 1191 Technology Assessment, Office of:  Appropriation for 436  Congressional Budget Office, utilization of services and facilities 303  National Commission on Electronic Fund Transfers, member 1508 Telecommunications, Office of, appropriation for 1198 Telecommunications Policy, Office of, appropriation for 216, 618 Telecommunications Service, Automated Data and, appropriation for 226, 627 Telescope Project, Canada-France-Hawaii, telescope and articles for, duty-free entry 2152 Television, public educational television, reading training courses, grants 595 “Television and Social Behavior, Surgeon General’s Report by the Scientific Advisory Committee on”, hearings, printing of additional copies 2402 Tennessee:  Andrew Jackson Lodge No. 5, Fraternal Order of Police, Nashville, land conveyance 19  Big South Fork National River and Recreation Area, establishment 43  Cohutta Wilderness, designation 2098  Cumberland Gap National Historical Park, acquisition and development ceiling increases; boundary changes 1445, 1446  Gee Creek Wilderness, designation 2097  Holifield National Laboratory, designation 1977  Joyce Kilmer-Slickrock Wilderness, designation 2097  Nolichuckey River, segment designated for possible inclusion in the national wild and scenic rivers system 2095  Oak Ridge National Laboratory, designated as Holifield National Laboratory 1977  West Tennessee tributaries, land conveyance 15 Tennessee Valley Authority, appropriation for 791 Tennessee Valley Authority Act of 1933:  Amendment, Federal procurement of property and services, increased ceiling 390  Appropriation for effecting provisions 791 Territorial Affairs, Office of, appropriation for 812 Teton National Forest, Wyo., land exchange 1843C91 Texas:  Big Thicket National Preserve, establishment 1254  Cibolo project, construction, etc., authorization 1491  Cross Timbers National Grasslands, designation as Lyndon B. Johnson National Grasslands 188  Laneport Dam and Lake, name changed to Granger Dam and Lake 2153  Lyndon B. Johnson National Grasslands, designation 188  Nueces River project, construction, etc., authorization 1496  Samuel Rayburn Library, transfer of certain funds to from Eisenhower College, N.Y 1262  San Angelo Dam and Reservoir, name changed to O. C. Fisher Dam and Lake 2173 Thanksgiving Day, 1974, proclamation 2536 The District of Columbia Law Revision Commission Act 480 “The Marihuana-Hashish Epidemic and Its Impact on United States Security”, hearings, printing of additional copies 2426 The Reclamation Development Act of 1974 1486 “The Recreation Imperative—The National Outdoor Recreation Plan”, printing of additional copies 2411 Timber, sales contracts in major disaster areas 158 “To Save the Children: Nutritional Intervention Through Supplemental Feeding”, printing of additional copies 2403 Tobacco:  Acreage allotments or quotas, N.C. emergency lease or transfer 1416  Marketing quotas 1089 Tobacco and Firearms, Bureau of Alcohol, appropriation for 225, 614 Tort Claims, U.S. investigative or law enforcement officers, certain acts or omissions, liability 50 Trade Act of 1974 1978  General provisions 2071  Generalized system of preferences 2066  Import competition, relief from injury 2011  Negotiating and other authority 1982  Nondiscriminatory treatment, trade relations with countries not receiving 2056  Unfair trade practices, relief 2041 Trade Agreement Expansion Act of 1962, modification of duties, proclamations 2464, 2494, 2511, 2538 Trade Commission, Federal. See Federal Trade Commission. Trade Commission, United States International, new name for United States Tariff Commission 2009 Trade Commission Act, Federal. See Federal Trade Commission Act. Trade Development and Assistance Act of 1954, Agricultural, appropriation for effecting provisions 440, 627, 1188, 1823, 1828 Trade Expansion Act of 1962:  Amendments—   National security, investigation by Department of the Treasury 1993   Repeal of certain provisions; technical 2072  Appropriation for effecting provisions 202, 1635 Trade Impacted Area Council for Adjustment Assistance, establishment 2036 Trade Negotiations, Advisory Committee for, establishment 1996 Trade Negotiations, Office of the Special Representative for:  Appropriation for 216, 1206  Establishment of new; abolishment of former 1999, 2000  Product sectors of manufacturing, establishment 1984  Trade agreements, cooperation 1995, 1998 Trade Week, World, 1974, proclamation 2463 Trademark Act of 1946, Amendments:  Filing of oppositions, time extension; reasons of appeal, elimination; attorney fees 1955  Patent Office, name changed to Patent and Trademark Office 1949 Trademark Office, Patent and, new name for Patent Office 1949 Traffic and Motor Vehicle Safety Act of 1966, National, See National Traffic and Motor Vehicle Safety Act of 1966. Traffic Safety Administration, National Highway, appropriation for 211, 224, 775 Transportation, Department of:  Airport and Airway Development Act of 1970, appropriation for effecting provisions 771  Appropriation Act, 1975 768  Appropriation for 210, 224, 280, 768, 1779, 2108  Coast Guard, United States. See separate title.  Daylight saving time, conversion to year-round, final report, time extension 1209  Deepwater Port Act of 1974 2126  Elderly persons, transportation projects for, cooperation 357  Fare-free mass transportation systems, study 1574  Federal-Aid Highway Act of 1968, appropriation for effecting provisions 774  Federal-Aid Highway Act of 1973. See separate title.  Federal Aviation Act of 1958. See separate title.  Federal Aviation Administration—   Air Transportation Security Act of 1974 415   Appropriation for 224, 771   Grants-in-aid for airports, availability of funds 1779   Military participation under agreements with Armed Forces, elimination of report requirement 1970  Federal Boat Safety Act of 1971, appropriation for effecting provisions 770  Federal Highway Administration, appropriation for 211, 224, 772  Federal Railroad Administration—   Appropriation for 211, 224, 775, 1779, 2108   High-speed ground transportation, appropriation for research 211  Foreign air transportation, security standards 414  General provisions, Appropriation Acts 779  Hazardous Materials Transportation Act 2156C92  Hazardous Materials Transportation Control Act of 1970, repeal 2163  High-speed ground transportation between major west coast cities, feasibility study 1531  Highway railroad grade crossings, demonstration project in Hammond, Ind 1575  Highway Safety Act of 1973; appropriation for effecting provisions 773  Highways. See separate title.  Independent Safety Board Act of 1974 2166  Interagency Committee on Federal Activities for Alcohol Abuse and Alcoholism, member 133  International air transportation, discriminatory and unfair practices, review 2102  Lowell Historic Canal District Commission, ex officio member 2330  Mass transportation, biennial authorization request, elimination 1970  Motor vehicle fuel system integrity standard 1482  Motor Vehicle Information and Cost Savings Act—   Amendment, motor vehicle demonstration projects 1485   Appropriation for effecting provisions 775  Motor vehicle or replacement equipment defects, notification 1470  National Capital Transportation Act of 1969, appropriation for effecting provisions 779  National Highway Traffic Safety Administration, appropriation for 211, 224, 775  National Railroad Passenger Corporation. See separate title.  National Transportation Safety Board—   Appropriation for 225, 777   Establishment 2167  Northeast Corridor project completion, cooperation 1527  Oil spills, uniform law for liability, study 2145  Personnel and equipment, loan to Bureau of Sport Fisheries and Wildlife 124  Pipeline safety and operation, standards and regulations 2146  Rail Safety Improvement Act of 1974 2164  Rail services, integration with other modes of transportation, study 1534  Research and development, appropriation for 769, 770, 771, 773, 775, 777  Saint Lawrence Seaway Development Corporation—   Administrator, term 1977   Appropriation for 225, 777  Secretary, Office of the, appropriation for 280, 769  Transportation regulations study, cooperation 257  Urban Mass Transportation Act of 1964. See separate title.  Urban Mass Transportation Administration, appropriation for 776, 1780  Urban mass transportation systems, investigation of safety hazards 1572 Transportation Act, Department of, Amendments:  Conforming amendments 2173  Transportation of hazardous materials 2163  Union Station, D.C., model intermodal transportation terminal at 1533 Transportation Act of 1940, Amendment, transportation payments, audit 1959 Transportation Act of 1964, Urban Mass. See Urban Mass Transportation Act of 1964. Transportation Assistance Act of 1974, National Mass 1565 Transportation Barriers Compliance Board, Architectural and:  Consumer Advisory Panel, appointment 1621  Program extension 1619 Transportation Day and National Transportation Week, National Defense, 1974, proclamation 2480 Transportation Fair Competitive Practices Act of 1974, International Air 2102 Transportation Safety Act of 1974 2156 Transportation Safety Board, National:  Appropriation for 225, 777  Establishment 2167 Transportation Security Act of 1974, Air 415 Travel Act of 1961, International:  Amendment, foreign air transportation, promotion of travel on United States carriers in 2105  Appropriation for effecting provisions 1197 Travel Expenses for Government Employees, restrictions 1784 Travel Service, United States, appropriation for 218, 1197 Traveler’s Checks and Money Orders, disposition of abandoned 1525 Treasury, Department of:  Accounts, Bureau of, appropriation for 210, 212, 225, 614  Actuaries, Joint Board for the Enrollment of, establishment 1002  Adjustment Assistance Trust Fund, establishment 2026  Alcohol, Tobacco and Firearms, Bureau of, appropriation for 225, 614  Appropriation Act, 1975 613  Appropriation for 210, 212, 225, 613, 1780  Bonneville Power Administration fund, establishment 1378  Check forgery insurance fund, availability extension 1738  Coinage—   American Revolution Bicentennial coins, continuation of minting authority 1739   Composition of one-cent piece 1261   Proof coins, proceeds from sale of, transfer to Eisenhower College, N.Y 1262  Community Adjustment Assistance Fund, establishment 2040  Comptroller of the Currency, Office of the—   Banks, unfair or deceptive practices in or affecting commerce, enforcement of regulations 2196   National Commission on Electronic Fund Transfers, member 1508  Customs Service, United States—   Appropriation for 225, 614   Border facilities, funds for, increase 794C93   Immigration inspection, transfer of certain functions to, nullification 50  District of Columbia real property tax revenues, deposit 1052  Employee Retirement Income Security Act of 1974 829  Engraving and Printing, Bureau of, audit requirement, revision 1964  Federal employees, withholding certain city taxes, agreement with city 294  Federal Home Loan Bank obligations, increased authority to purchase 1506  Federal Law Enforcement Training Center, appropriation for 225, 613  Fiscal, budgetary, and program-related data and information systems 327  Fiscal year, change to begin October 1 321  Fishermen’s Protective Fund, appropriation for 210  Fishery management jurisdiction, enforcement study, cooperation 1183  Foreign Investment Study Act of 1974 1450  General provisions, Appropriation Acts 616, 629, 630  Geothermal Resources Development Fund, establishment 1087  Government Financial Operations, Bureau of, payments to Eisenhower College, appropriation for 1780  Harry S Truman Memorial Scholarship Trust Fund, establishment 2279  Hoover Institution on War, Revolution, and Peace, Stanford University, Calif., grants to 1918  Hungary, claims against by American nationals 1386  Imports, exports, and production, uniform statistical data; study 2073, 2074  Imports, national security investigation 1993  Internal Revenue Service—   Additional positions 951   Appropriation for 212, 225, 615   Employee Plans and Exempt Organizations, Office of, establishment 951  International air transportation, discriminatory and unfair practices, review 2102  Lease and surety bond guarantees, revolving funds, creation 747  Lower income housing and State housing finance and development programs, direct financing, feasibility study 740  Medals, striking of—   International Exposition on Environment, Spokane, Wash., 1974, commemorative medals, authorization extension 1978   J. Edgar Hoover, commemorative medals 234   Jim Thorpe commemorative medals, authorization extension 1978   San Francisco cable cars, 100th anniversary, commemorative medals, authorization extension 1978  Medical facilities, modernization and construction; loan and loan guarantee fund, establishment 2267  Mint, Bureau of the, appropriation for 225,615  Mobile home importation 705  National Commission on Electronic Fund Transfers, member 1508  New motor vehicles, fuel economy Page study, cooperation 262  Pension Benefit Guaranty Corporation, member 1005  Pension benefit guaranty funds, establishment 1009  Public Debt, Bureau of the, appropriation for 212, 225, 615  Salary reduction regulations 992  Secret Service, United States, appropriation for 213, 225, 616  Secretary, Office of the, appropriation for 225, 613  Trade agreements, cooperation 1995  Trains, customs inspection procedures 1527  Treasurer, Office of the, appropriation for 225, 616  Veterans’ Administration Education Loan Fund, establishment 1591 Treasury, Postal Service, and General Government Appropriation Act, 1975 613 Tree Planting, assistance to States, appropriation for 817 Truman Memorial Scholarship Act, Harry S 2276 Trust Territory of the Pacific Islands:  Appropriation for 201, 812  Child abuse and neglect, demonstration programs, treatment as a State 2310  Excess Federal property, disposal 1926  Federal Credit Union Act, applicability 720  Handicapped children in, education programs, grants 581  Headstart programs, allotment of funds 2301  Medical facilities, modernization and construction projects, allotment of funds 2262  Micronesian Claims Fund, appropriation for payment to 813  Non-Federal public works, comprehensive planning program, inclusion 691  Public water system safety program 1693  Rural housing programs, inclusion 692  Teacher corps assistance 605 Truth in Lending Act, Amendments:  Advertising, more-than-four-installment rule 1517  Agricultural credit exemption 1517  Business credit cards 1519  Closing costs, full statement of 1519  Credit billing practices 1512–1517  Credit card fraud 1520  Fair credit billing rights, disclosure 1511  Multiple disclosures, liability 1518 Turkey, Military Assistance to:  Limitation 1868  Prohibition 1363  Suspension 1801 Tuskegee Institute National Historic Site, Ala., establishment 1462 Unemployment Assistance Act of 1974, Emergency Jobs and 1845  Appropriation for effecting provisions 2106, 2108 Unemployment Compensation Act of 1970, Federal-State Extended, Amendments:  National trigger, temporary reduction 1872  Unemployment insurance, time extension 53, 288, 420, 1872C94 Unemployment Compensation Act of 1971, Page Emergency, Amendment, advances to States, repayment method 420 Unemployment Compensation Act of 1974, Emergency 1869 Uniform Alcoholism and Intoxication Treatment Act, grants for implementation 128 Uniformed Services. See also Armed Forces and individual services.  Aviation Career Incentive Act of 1974 177  Aviation midshipman, service credit 1741  Claims, administrative settlement, increased limits 291  Enlistments, uniform qualifications for male and female persons 173  Insurance—   Servicemen’s Group Life Insurance—    Maximum coverage, increase 166    National Guard, inclusion 165    Reserve components, inclusion 165   Veterans’ Group Life Insurance 169  Medical officers—   Initial residency, continuation pay 792   Revised pay structure 95  Moving expenses, tax status of reimbursements for 1466  Pay and allowances—   Enlistment and reenlistment bonuses 119   Increases, computation 1152  Personal property claims, limit on payment, increase 1381  Retirement pay, survivor annuities 994  Scholarships, income tax exclusion 1458  Travel and transportation allowances to members incapacitated by illness 1743  Veterans’ Insurance Act of 1974 165 Union of Soviet Socialist Republics:  Fossil fuels in, loans for research and exploration; production loans, prohibition 2335, 2336  Limitation on credit to 2076 Union Station, D.C.:  Intermodal transportation terminal construction at 1528, 1533  Parking facilities adjacent to, construction 1449 United Arab Republic, restriction on assistance to, repeal 1813 United Nations Day, 1974, proclamation 2490 United Nations Educational, Scientific, and Cultural Organization, restriction on funds to 1798 United States Arms Control and Disarmament Agency:  Appropriation for 227, 1204  Authorization of funds 289 United States Army Command and General Staff College, degree of master of military art and science, requirements 407 United States Attorney for the District of Columbia, District of Columbia Campaign Finance Reform and Conflict of Interest Act, prosecution of violations 455, 470 United States Attorneys and Marshals, appropriation for 1192 United States Civil Service Commission. See Civil Service Commission, United States. United States Coast Guard. See Coast Guard, United States. United States Courts. See Courts, United States. United States Customs 185th Anniversary Year, proclamation 2497 United States Customs Service, appropriation for 614 United States Fish and Wildlife Service:  Appropriation for 805  Establishment of new 92 United States Housing Act of 1937:  Amendments, low-income housing assistance 653–667  Appropriation for effecting provisions 1096  Low rent public housing, annual contribution contracts, retroactive effect of repeal 668  Public facility and housing assistance, applications in areas affected by major disasters, priority 151 United States-Hungarian Claims Agreement, determination of American national claims settled by 1386 United States Information Agency:  Appropriation for 210, 229,1207  Authorization of funds 1439  International Ocean Exposition, authorization of funds for 194  Student dependents of employees, travel expenses 1443 United States Information and Educational Exchange Act of 1948:  Amendment, United States Information Agency, annual reports to Congress 1440  Appropriation for effecting provisions 1207 United States International Trade Commission:  East-West Trade Statistics Monitoring System 2065  Import relief, investigation 2011  Imports, exports, and production, uniform statistical data; study 2073, 2074  New name for United States Tariff Commission 2009  Reports to, trade monitoring system 2041  U.S. duties, articles for modification, advice to President 1994 United States Magistrates, appropriation for 1202 United States Military Academy, Laotian citizen, attendance 244 United States National Committee on Vital and Health Statistics, establishment 366 United States Postal Service. See Postal Service, United States. United States Railway Association:  Additional funds 1464  Appropriation for 212, 1780  Northeast Corridor project completion, cooperation 1527  Reporting date, extension 1464 United States Secret Service, appropriation for 213, 225, 616 United States Soldiers’ and Airmen’s Home, appropriation for 219, 1651 United States Space Week:  Designation 2406  Proclamation 2493 United States Tariff Commission:  Appropriation for 229, 1206  Name changed to United States International Trade Commission 2009 United States Tax Court, appropriation for 215C95 United States Travel Service, appropriation for 218, 1197 University of the District of Columbia, establishment 1424 Upholstery Regulators, Needles, and Pins, suspension of duty 2108 Upper Colorado River Storage Project, appropriation for 786 Urban Mass Transportation Act of 1964:  Amendments—   Biennial authorization request, elimination 1970   Bus purchases by certain public transit systems, Federal assistance, prohibition 737   Capital grants, alternate use of 1573   Formula grant program 1567   Long-range programs, increased grants and contract authority 1566   School bus operations, prohibition 1572  Appropriation for effecting provisions 776, 777 Urban Mass Transportation Administration, appropriation for 776, 1780 USIA Authorization Act, Fiscal Year 1975, State Department 1439 Utah:  Colorado River, segment designated for possible inclusion in the national wild and scenic rivers system 2094  Utah County, conveyance of mineral interests in 54  Vernal Unit, Central Utah project and Emery County project, drainage construction 1495 Ute Tribe of Indians, Utah, report on development program by Department of the Interior, elimination 1969 Veal, temporary quantitative limitation on importation into the United States from Canada, proclamation 2540 Vermont:  Bristol Cliffs Wilderness, designation 2097  Lye Brook Wilderness, designation 2097 Vessels:  Boilers and pressure vessels, safety standards 423  Deepwater ports, navigational safety; oil discharge, liability 2137, 2141–2145  Exchange for conversion and operation in unsubsidized service between west coast and Guam, contract amendment 232  Fishing, certain inspection and loadline requirements, exemption 1182, 1183  Foreign repairs and equipment on U.S. vessels, duty exemption 420  Government or charitable cargo in domestic offshore trade, regulation of rates 1463  Hazardous materials, transportation regulations, exemption of certain vessels 2158  Merchant Marine Act, 1936—   Amendment, National Defense Reserve Fleet, vessel exchange 1965   Appropriation for effecting provisions 1199  Miss Keku, documentation for use in American fisheries 2369  Nuclear powered naval vessels, construction 408  SS Independence, sale to foreign registry 288  Transportation of flammable or combustible liquid, prohibition 2163  U.S. warships, nuclear incidents involving, payment of claims and judgments 1611  Waste material, net tonnage 1694 Veterans. See also Veterans Administration.  Death compensation, increase 183  Disabled—   Automobiles and adaptive equipment benefits, extension of eligibility; maximum purchase assistance, increase 1736   Compensation, increase 181   Employment within the Federal Government 1593   Housing grants, maximum amount 1867   Special driver training courses 1736  Disabled Veterans’ and Servicemen’s Automobile and Adaptive Equipment Amendments of 1974 1736  Educational assistance—   Allowance increase 1579, 1958   Loan program 1589   Time extension 176  Educational programs, ten-year delimiting period 292  Employment assistance and preference 1592  Farm housing assistance, eligibility for preference 694  Flight training, increased assistance 1958  Legally disabled persons, payment of benefits to 183  Maximum home loan guarantee, increase 1864  Mobile home loans 1864–1866  On-job training allowance 1580, 1959  Reemployment rights 1594  “Summary of Veterans Legislation Reported, Ninety-third Congress”, printing on additional copies 2402  Veterans Housing Act of 1974 1863  Veterans’ Insurance Act of 1974 165  Vietnam era veterans, farm housing assistance, eligibility for preference 694  Vietnam Era Veterans’ Readjustment Assistance Act of 1974 1578  Vietnam Veterans Day, proclamation 2451  Vocational rehabilitation—   Cost of instruction payments to institutions of higher education 604   Subsistance allowance, increase 1578, 1958  Widows and children, dependency and indemnity compensation, increase 182  Wives and widows, educational assistance, eligibility period extension 292 Veterans Administration. See also Veterans.  Adaptive equipment and adapted conveyances for disabled persons, research and development 1737  Appropriation for 76, 199, 226, 275, 1103, 1772, 2107  Arthritis Coordinating Committee, member 2221  Chief Medical Director, adaptive equipment and adapted conveyances for disabled persons, research and development 1736  Dependency and indemnity compensation claims, study and report 183C96  Disabled veterans, employment within the Federal Government, regulations 1594  Employment, outreach and public information program 1848  Hospitals—   Admission for veterans suffering from alcoholism or drug abuse; confidentiality of records, regulations; report to congressional committees 131, 133, 139   Harry S Truman Memorial Veterans’ Hospital, Mo., designation 1957  Interagency Committee on Federal Activities for Alcohol Abuse and Alcoholism, member 133  National Commission on Arthritis and Related Musculoskeletal Diseases, ex officio member 2218  National Council on Health Planning and Development, ex officio member 2228  Philippines, Republic of the, medical care grants, appropriation for 1105  Real estate settlement—   Necessity for further congressional action, consultation 1730   Statement, standard form, consultation 1725  Tuition assistance allowance program abuses, study 1581  Veterans’ Canteen Service, audit requirement, revision 1964 Veterans and Survivors Pension Adjustment Act of 1974 1702 Veterans’ Benefits Calculator, printing of copies 2400 Veterans Day, 1974, proclamation 2525 Veterans Disability Compensation and Survivor Benefits Act of 1974 180 Veterans’ Education and Rehabilitation Equalization Amendments Act of 1974 1958 Veterans Employment and Readjustment Act of 1972, appropriation for effecting provisions 1635 Veterans Housing Act of 1974 1863 Veterans’ Insurance Act of 1974 165 “Veterans Legislation Reported, Ninety-third Congress, Summary of”, printing of additional copies 2402 Veterans’ Readjustment Assistance Act of 1974, Vietnam Era 1578 Vice President of the United States:  Appropriation for 424  Claims, erroneous payments, waiver 394  Federal Election Campaign Act Amendments of 1974 1263  Official temporary residence—   Appropriation for 618   Designation 340, 1764  Protective services for 1765 Vietnam:  Draft evaders and military deserters, program for return, proclamation 2504  International Commission of Control and Supervision in Viet-Nam, appropriation for 1189  Prisoners of war and missing in action, deceased? funeral transportation and living expense benefits to families of 53  U.S. contribution, authorization 1816  Veterans, prisoners of war, educational Page assistance, extension of eligibility period for former 292 Vietnam, International Commission of Control and Supervision in, authorization for U.S. share of contribution 1816 Vietnam, North:  Aid to nations trading with, prohibition 1801  Combat activities in or over, restriction on funds 232, 285, 1231  Reconstruction assistance, prohibition 232, 285 Vietnam, South:  Child care assistance 1808  Combat activities in or over, restriction on funds 232, 285, 1231  Economic and military assistance—   Limitations 1808   Plan, preparation by Department of State, sense of Congress 1444  Fertilizers, restriction on funds for 1363, 1795  Military assistance—   Appropriation for 1224   Authorizations 405   Restriction 1798  Military forces, funds for support 282  Relief and reconstruction, authorization of funds for 1807  U.S. civilian officers and employees in, limitation 1809 Vietnam-Era Veterans’ Readjustment Assistance Act of 1972, Amendment, wives and widows, educational assistance, eligibility period extension 292 Vietnam Era Veterans’ Readjustment Assistance Act of 1974 1578 Vietnam Veterans Day, proclamation 2451 Virgin Islands:  Child abuse and neglect, demonstration programs, treatment as a State 2310  Gifts sent from, duty and tax, exemption 2075  Handicapped children in, education programs, grants 581  Headstart programs, allotment of funds 2301  Medical facilities, modernization and construction projects, allotment of funds 2262  Minimum wage, increase 56–58  Social services programs, allotment of funds 2339  Submerged lands, conveyance to 1210 Virgin Islands National Park, Virgin Islands, appropriation ceiling increase 1445 Virginia:  Colonial National Historical Park, appropriation ceiling increase 1445  Great Dismal Swamp National Wildlife Refuge, establishment 801  James River Face Wilderness, designation 2098 Vision Week, Save Your, 1974, proclamation 2448 Visitor Center Facilities Act of 1968, National, Amendment, Union Station, D.C., construction of parking facilities adjacent to; additional funds 1449 Vital and Health Statistics, United States National Committee on, establishment 366C97 Vocational Education, National Advisory Page Council on:  Authority to accept gifts and transfer funds 1849  Career Education, National Advisory Council for, member 552 Vocational Education Act of 1963:  Amendments—   Advisory councils, extension 612   Bilingual vocational training 607   National Advisory Council on Vocational Education, authority to accept gifts and transfer funds 1849   Programs, extension 606  Appropriation for effecting provisions 1642, 1773 Vocational Rehabilitation Act, Amendment, elimination of report to Congress by National Center for Deaf-Blind Youths and Adults 1968 Volunteer Program, Retired Senior, local contributions, restrictions 358 Volunteer Service Act of 1973, Domestic:  Amendment, Retired Senior Volunteer Program, local contribution, restrictions 358  Appropriation for effecting provisions 1649 Volunteer Week, National, 1974, proclamation 2476 Volunteers in the National Forests Act of 1972, appropriation for effecting provisions 817 W. Turner Wallis Pumping Station, Fla., designation 141 Wage and Price Stability, Council on:  Appropriation for 1781  Establishment 750 Wage and Price Stability Act, Council on 750 Wake Forest University, N.C., sale of former consulate building in Venice to 84 War Claims Act of 1948, appropriation for effecting provisions 1636 Warren, Earl:  Funeral services, catafalque for 2405  Oil portrait and marble bust for Supreme Court Building 1362 Washington:  Aberdeen, storage space contracts, repayment terms 25  Ferry operations in 2284  Fishing vessels, certain inspection and load-line requirements, exemption 1182, 1183  International Exposition on Environment, Spokane, 1974, commemorative medals, authorization extension 1978  Kaniksu National Forest, land exchange procedures 1921  Spokane Indian Reservation, nontaxable trust lands 142  Wynoochee Dam and Lake, Wynoochee River, funds for fish hatchery facilities 25 Washington Metropolitan Area Transit Authority, appropriation for 212, 779 Washington Technical Institute, D.C., appropriation for president of 824 Water:  Colorado River Basin Salinity Control Act 266   Appropriation for effecting provisions 786  Reclamation Development Act of 1974, The 1486  Safe Drinking Water Act 1660  Saline Water Conversion Act of 1971, The—   Appropriation for effecting provisions 805   Program, authorization of funds 295 Water Bank Act, appropriation for effecting provisions 1829, 1839 Water Conservation Fund Act of 1965, Land and:  Amendment, Federal recreation areas, use fees 192  Appropriation for effecting provisions 621, 805 Water Pollution Control Act, Federal:  Amendments—   Extension of program 1924   Fish and wildlife enhancement, cost sharing requirements 33  Appropriation for effecting provisions 1836  Public facility and housing assistance, applications in areas affected by major disasters, priority 151 Water Pollution Control Act Amendments of 1972, Federal, appropriation for effecting provisions 1836 Water Project Recreation Act, Federal, Amendment, fish and wildlife enhancement, cost-sharing requirements 33 Water Quality, National Commission on, appropriation for 1836 Water Resources Council:  Appropriation for 791  Nonnuclear energy technology, water resource evaluation 1893 Water Resources Development Act of 1974 12  Amendment, Chester Bridge, Ill. and Mo., contract for operation, etc., time extension 1659 Water Resources Planning Act, appropriation for effecting provisions 791 Water Resources Research, Office of, appropriation for 222, 804 Water Resources Research Act of 1964:  Amendment, water research program, elimination of report requirement 1970  Appropriation for effecting provisions 804 Watergate Special Prosecution Force:  Appropriation for 1192  Certain Presidential recordings and materials, access 1696 Watershed Protection and Flood Prevention Act, appropriation for effecting provisions 1837 Weather Modification Activities Reporting, extension 1212 Welfare and Pension Benefit Plans, Advisory Council on Employee, establishment 895 Welfare and Pension Plans Disclosure Act, Amendment, repeal 851 West Virginia:  Dolly Sods Wilderness, designation 2098  Harpers Ferry National Historical Park, additional lands and interpretive shuttle service 1420  Otter Creek Wilderness, designation 2098C98 White Cane Safety Day, 1974, proclamation 2491 White House Conference on Education 597  National Conference Committee to guide and plan, establishment 598 White House Conference on Handicapped Individuals Act 1631 White House Conference on Library and Information Services 1856  Advisory Committee of, establishment 1857 White House Office, appropriation for 216, 619 Wild and Scenic Rivers Act, Amendments:  Authorization of funds 123  Chattooga River, N.C.-Ga., component of National wild and scenic rivers system, designation 122  Wild and scenic rivers system, designating segments of certain rivers for possible inclusion in 2094 Wilderness Areas:  Additional lands for inclusion in, study 2098  Big Cypress National Preserve, Fla., report on suitability as a wilderness area 1261  Big Thicket National Preserve, Tex., report on suitability as a wilderness area 1257  Canaveral National Seashore, Fla., report on suitability as a wilderness area 2125  Cape Lookout National Seashore, N.C., report on suitability as a wilderness 1449  Cherry Creek exclusion, Calif., review of suitability for preservation as a wilderness and addition to Hoover Wilderness 2155  Designation 1179, 2097, 2098, 2153–2155  Farallon Wilderness, Calif., designation 1744  Primitive area classifications within, abolishment 2155 Wildlife:  Great Dismal Swamp National Wildlife Refuge, Va.-N.C., establishment 801  Marine Mammal Commission, appropriation for 1205  Migratory birds, protection 190  Montana, land conveyance to for grazing purposes 25  Public lands, conservation and rehabilitation programs on 1369 Wildlife, Bureau of Sport Fisheries and:  Appropriation for 200, 222  Federal agency loan of personnel and equipment 123  Replacement by United States Fish and Wildlife Service 92 Wildlife Act of 1956, Fish and, Amendments:  Commissioner of Fish and Wildlife, abolishment 92  United States Fish and Wildlife Service, establishment of new 92 Wildlife Coordination Act of 1958, Fish and, appropriation for effecting provisions 783, 785, 788 Wildlife Refuge System, National, wilderness areas within, designation 2153 Wildlife Refuge System Administration Act Amendments of 1974, National 1603 Wildlife Refuge System Administration Act of 1966, National, Amendment, rights-of-way, easements, or reservations, payment of fair market value 1603 Wildlife Service, United States Fish and:  Appropriation for 805  Establishment of new 92 Wines, still, carbon dioxide in, increase 1468 Winter Olympic Games, 1980, congressional cooperation and support 2410 Wiretapping and Electronic Surveillance, National Commission for the Review of Federal and State Laws Relating to:  Appropriation for 1205  Extension; closed meetings 1972 Wisconsin:  Apostle Islands National Lakeshore, appropriation ceiling increase 1445  Rainbow Lake Wilderness, designation 2098  Wisconsin River, segment designated for possible inclusion in the national wild and scenic rivers system 2095 Women, integration into national economies 1818 Women’s Bureau, Advisory Council on Women’s Educational Programs, member 555 Women’s Educational Equity Act of 1974 554 Women’s Educational Programs, Advisory Council on, establishment 555 Women’s Equality Day:  Designation 633  Proclamation 2500 Women’s Year, International, 1975, proclamation 2442 Woodrow Wilson International Center for Scholars, appropriation for 821 Woodrow Wilson Memorial Act of 1968, appropriation for effecting provisions 821 “Woodsy Owl”, use and reproduction of name, character, or slogan, royalties and restrictions 244 World Environment Day, 1974, proclamation 2485 World Forestry Day, American Forestry Week and, 1974, proclamation 2459 World Population Year, 1974, proclamation 2489 World Trade Week, 1974, proclamation 2463 Wright Brothers Day, 1974, proclamation 2542 Wynoochee Dam and Lake, Wynoochee River, Wash., transfer of funds for fish hatchery facilities 25 Wyoming:  Clarks Fork River, segment designated for possible inclusion in the national wild and scenic rivers system 2094  Glendo Dam and Reservoir, road reconstruction 1496  Snake River, segment designated for possible inclusion in the national wild and scenic rivers system 2095  Sweetwater River, segment designated for possible inclusion in the national wild and scenic rivers system 2095  Teton National Forest, land exchange 1843 Young Marines of the Marine Corps League, surplus naval material, recipients 2147 Young Men’s Christian Association, exemption from sex discrimination prohibitions 1862C99 Youth:  Naval Sea Cadet Corps youth programs, discrimination on the basis of sex, elimination 1575  Runaway Youth Act 1129 Youth Conservation Corps:  Appropriation for 816  Expansion 1066  State projects, grant program 1067 Youth Conservation Corps Act of 1970, Amendment, expansion of program 1066 Youth Recreation Program, Summer 2295 Zoological Park, National, appropriation for 82 D1 INDIVIDUAL INDEX Amedeo, Cpl. Paul C 2388 Amundson, Selmer 2386 Aransas Pass, Tex 2391 Avery, Joseph H., Jr 2394 Balo nan, Caridad R 2381 Bautista, Charito F 2373 Beas, Robert J 2378 Bell, Jorge M 2368 Bellville Cemetery Association, N.Y 1382 Bokosky, Lidia M 2379 Brockhurst, Robert H 2394 Brown, Mrs. Rita P 2375 Burden, Dr. William A. M 795 Burger, Warren E 2399 Burroughs, Viola 2376 Cameron, William L., Jr 2390 Castin, Dulce P. (Castin-Casas) 2380 Chalaby, Kamal A 2370 Cosden, Joshua 2394 DeBow, Delmira 2389 Deihm, Mrs. Charles F 2424 del Rosario, Fernando L 2391 de Saint Andre, Lucille 2382 Dickson, Linda J. (nee Waters) 2379 Domanski, Mrs. Jozefa S 2369 Elson, Rev. Edward L. R 2399 Ford, Gerald R 2409 Ford, Mildred C 2372 Gell-Mann, Dr. Murray 800 Gh'tescu, Viorica A., Alexander, and Serban G 2377 Glockner, Ivy M 2381 Go, Gloria 2370 Greco, Giuseppe 2373 Greenewalt, Dr. Crawford H 800 Gutierrez, Melissa C. and Milagros C 2379 Harris, Georgina H 2366 Haskins, Dr. Caryl P 795 Head, Mary Red 2385 Holmen, Karin B 444 Hoover, Herbert 2407 Hoover, J. Edgar 234, 2399 Hoover, Lou H 2407 Jackson, Clarence 2369 Jewell, Keith 2394 Johnson, Raphael 2366 Johnson, Thomas C 2381 Jones, Nepty M 2389 Jose, Samuel C 2390 Judilla, Rito E 2367 Kiyonao Okami 2392 Korhonen, Michael A 2376 Kroll, Lester H 2375 La Capria, Salvatore 2394 Lomuscio, Nicola 2390 Lucas, Monroe A 2372 Maly, Wilhelm J. R 2368 Manemann, Michael D 2386 Martin, Robert J 2366 Massara, Aldo 2391 Moore, C. J., III 2394 Moore, Ursula E 2374 Morgan, Joe H 2380 Muto, Alphonso A 2394 Muto, Frank P 2394 Nixon, Richard M 1695, 2399, 2502 O’Neill, Arthur D 2394 O’Neill, Thomas D 2394 Palacay, Mrs. Gavina A 2372 Pasicaran, Virna J 2367 Pettit, Dominga 2367 Polly, Uhel D 2368 Rathbun, Emmett A. and Agnes J 2378 Reyes-Morelos, Jose I 2384 Riddle, J. B 2373 Robles, Arturo 2365 Rodino, Representative Peter W., Jr 2397 Rodriguez, Marcos R 2377 Scofield, Ernest E (Ernesto Espino) 2371 Scott, Arthur E 2394 Seelmeyer, Bertha 2394 Sejna, Jan 2385 Senko, Michael 2394D2 Siegal, Ann C 2394 Silva, Lance Cpl. Federico 2380 Sisler, Grace F 2371 Sterling, Judith E 2393 Stolsmark, Morena 2370 Strauss, Carl C. and Mary Ann 2393 Suchy, 2d Lt. Raymond W., USA (Ret.) 2388 Suleiman, Mahmood S 2369 Sullivan, Hon. Leonor K 2431 Tabayo, Flora D 2367 Teague, Charles M., estate of 205 Thomas, Charles W., estate of 2387 Tomasi, Anita 2384 Tyndall, Donald L. and children Bruce E., Kimberly F. and Lisa M 2382 Urban Renewal Agency, Aransas Pass, Tex 2391 Vanderventer, Mrs. Harriet La Pointe 2383 Van Zanten, Mrs. Zosima T 2366 Vo Thi Suong (Nini Anne Hoyt) 2369 Walz, August F 2365 Warren, Hon. Earl 1362, 2405 Wentz, James A 2374 Wide River Farms, Inc 1895 Wilkinson, F. Clyde 2394 Wisconsin Michigan Power Company, Milwaukee, Wis 2383 2 UNITED STATES
STATUTES AT LARGE

CONTAINING THE

LAWS AND CONCURRENT RESOLUTIONS

ENACTED DURING THE SECOND SESSION OF THE

NINETY-THIRD CONGRESS

OF THE UNITED STATES OF AMERICA

1974

AND

PROCLAMATIONS

Volume 88

IN TWO PARTS

PART 2

PUBLIC LAWS 93–447 THROUGH 93–649

PRIVATE LAWS, CONCURRENT RESOLUTIONS

AND PROCLAMATIONS

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON : 1976

PUBLISHED BY AUTHORITY OF LAW UNDER THE DIRECTION OF THE ADMINISTRATOR OF GENERAL SERVICES BY THE OFFICE OF THE FEDERAL REGISTER, NATIONAL ARCHIVES AND RECORDS SERVICE

For sale by the

Superintendent of Documents

U.S. Government Printing Office, Washington, D.C. 20402

Price $21.00 (Buckram)

Stock No. 022–002–00047–3

 iii CONTENTS Page List of Bills Enacted Into Public Law v List of Public Laws ix List of Bills Enacted Into Private Law xxxv List of Private Laws xxxvii List of Concurrent Resolutions xli List of Proclamations xliii Public Laws (93–246 Through 93–446) 3 Subject Index C1 Individual Index D1 List of Bills Enacted Into Public Law v List of Public Laws ix List of Bills Enacted Into Private Law xxxv List of Private Laws xxxvii List of Concurrent Resolutions xli List of Proclamations xliii Public Laws (93–447 Through 93–649) 1363 Private Laws 2365 Concurrent Resolutions 2397 Proclamations 2437 Guide to Legislative History of Public Laws. A2 Table of Laws Affected in Volume 88 B1 Subject Index C1 Individual Index D1 v LIST OF BILLS ENACTED INTO PUBLIC LAW THE NINETY-THIRD CONGRESS OF THE UNITED STATES SECOND SESSION, 1974 Bill No. Public Law No. H.R. 2 93–406 H.R. 29 93–349 H.R. 69 93–380 H.R. 342 93–515 H.R. 377 93–364 H.R. 421 93–625 H.R. 510 93–648 H.R. 1355 93–546 H.R. 1817 93–309 H.R. 1820 93–593 H.R. 3418 93–290 H.R. 3620 93–402 H.R. 4861 93–444 H.R. 5035 93–286 H.R. 5056 93–545 H.R. 5236 93–258 H.R. 5264 93–594 H.R. 5450 93–254 H.R. 5463 93–595 H.R. 5507 93–432 H.R. 5525 93–285 H.R. 5621 93–292 H.R. 5641 93–453 H.R. 5773 93–626 H.R. 6186 93–268 H.R. 6274 93–539 H.R. 6395 93–429 H.R. 6485 93–^411 H.R. 6541 93–297 H.R. 6542 93–299 H.R. 6574 93–289 H.R. 6642 93–490 H.R. 6925 93–540 H.R. 7072 93–534 H.R. 7077 93–555 H.R. 7130 93–344 H.R. 7135 93–455 H.R. 7218 93–388 H.R. 7599 93–596 H.R. 7724 93–348 H.R. 7730 93–530 H.R. 7780 93–499 H.R. 7824 93–355 H.R. 7954 93–456 H.R. 7978 93–560 H.R. 8101 93–280 H.R. 8214 93–597 H.R. 8215 93–310 H.R. 8217 93–368 H.R. 8245 93–253 H.R. 8352 93–535 H.R. 8586 93–330 H.R. 8591 93–598 H.R. 8660 93–340 H.R. 8747 93–334 H.R. 8864 93–551 H.R. 8958 93–599 H.R. 8977 93–341 H.R. 8981 93–600 H.R. 9054 93–157 H.R. 9075 93–462 H.R. 9199 93–601 H.R. 9256 93–246 H.R. 9281 93–350 H.R. 9293 93–283 H.R. 9440 93–363 H.R. 9456 93–422 H.R. 9492 93–279 H.R. 9800 93–336 H.R. 10044 93–396 H.R. 10088 93–440 H.R. 10203 93–251 H.R. 10212 93–602 H.R. 10284 93–301 H.R. 10309 93–370 H.R. 10337 93–531 H.R. 10701 93–627 H.R. 10710 93–618 H.R. 10834 93–544 H.R. 10942 93–300 H.R. 10972 93–313 H.R. 11013 93–550 H.R. 11105 93–351 H.R. 11108 93–389 H.R. 11143 93–358 H.R. 11144 93–628 H.R. 11221 93–495 H.R. 11223 93–306 H.R. 11251 93–482 H.R. 11273 93–629 H.R. 11295 93–362 H.R. 11385 93–353 H.R. 11452 93–480 H.R. 11510 93–438 H.R. 11537 93–452 H.R. 11546 93–439 H.R. 11559 93–435 H.R. 11793 93–275 H.R. 11796 93–630 H.R. 11802 93–631 H.R. 11830 93–170 H.R. 11864 93–409 H.R. 12000 93–428 H.R. 12035 93–483 H.R. 12044 93–603 H.R. 12109 93–272 H.R. 12113 93–604 H.R. 12165 93–320 H.R. 12253 93–269 H.R. 12281 93–497 H.R. 12341 93–264 H.R. 12412 93–333 H.R. 12427 93–605 H.R. 12465 93–263 H.R. 12466 93–312 H.R. 12471 93–502 H.R. 12565 93–307 H.R. 12628 93–508 H.R. 12670 93–294 H.R. 12799 93–332 H.R. 12832 93–379 H.R. 12860 93–649 H.R. 12884 93–632 H.R. 12920 93–302 H.R. 12925 93–308 H.R. 13022 93–606 H.R. 13025 93–256 H.R. 13113 93–463 H.R. 13157 93–486 H.R. 13221 93–342 H.R. 13261 9.3–460 H.R. 13264 93–369 H.R. 13267 93–421 H.R. 13542 93–271 H.R. 13561 93–187 H.R. 13595 93–430 H.R. 13631 93–484 H.R. 13839 93–315 H.R. 13871 93–416 H.R. 13998 93–316 H.R. 13999 93–413 H.R. 14012 93–371 H.R. 14013 93–305 H.R. 14217 93–477 H.R. 14291 93–339 H.R. 14349 93–547 H.R. 14354 93–326 H.R. 14368 93–319 H.R. 14401 93–571 H.R. 14402 93–397 H.R. 14434 93–322 H.R. 14449 93–644 H.R. 14592 93–365 H.R. 14597 93–468 H.R. 14600 93–607 H.R. 14689 93–645 H.R. 14718 93–608 H.R. 14832 93–325 H.R. 14833 93–329vi H.R. 14883 93–423 H.R. 14920 93–410 H.R. 15067 93–549 H.R. 15074 93–376 H.R. 15124 93–335 H.R. 15148 93–469 H.R. 15155 93–393 H.R. 15172 93–417 H.R. 15173 93–609 H.R. 15205 93–403 H.R. 15223 93–633 H.R. 15229 93–610 H.R. 15296 93–343 H.R. 15301 93–445 H.R. 15322 93–634 H.R. 15404 93–433 H.R. 15405 93–391 H.R. 15406 93–419 H.R. 15427 93–496 H.R. 15461 93–361 H.R. 15540 93–472 H.R. 15544 93–381 H.R. 15572 93–414 H.R. 15580 93–517 H.R. 15581 93–405 H.R. 15643 93–471 H.R. 15736 93–493 H.R. 15791 93–395 H.R. 15818 93–536 H.R. 15842 93–407 H.R. 15912 93–569 H.R. 15936 93–394 H.R. 15977 93–646 H.R. 16006 93–548 H.R. 16027 93–404 H.R. 16032 93–441 H.R. 16045 93–611 H.R. 16102 93–434 H.R. 16136 93–552 H.R. 16215 93–612 H.R. 16243 93–437 H.R. 16424 93–556 H.R. 16596 93–567 H.R. 16609 93–576 H.R. 16757 93–511 H.R. 16857 93–464 H.R. 16900 93–554 H.R. 16901 93–563 H.R. 16925 93–635 H.R. 17010 93–613 H.R. 17026 93–532 H.R. 17027 93–478 H.R. 17045 93–647 H.R. 17434 93–509 H.R. 17450 93–614 H.R. 17468 93–636 H.R. 17503 93–516 H.R. 17505 93–529 H.R. 17558 93–615 H.R. 17597 93–572 H.R. 17628 93–616 H.R. 17655 93–617 H.J. Res. 444 93–522 H.J. Res. 898 93–442 H.J. Res. 905 93–252 H.J. Res. 910 93–424 H.J. Res. 941 93–261 H.J. Res. 1056 93–323 H.J. Res. 1057 93–327 H.J. Res. 1061 93–321 H.J. Res. 1062 93–324 H.J. Res. 1070 93–418 H.J. Res. 1104 93–372 H.J. Res. 1105 93–382 H.J. Res. 1167 93–448 H.J. Res. 1178 93–570 H.J. Res. 1180 93–624 S. 37 93–250 S. 39 93–366 S. 194 93–566 S. 210 93–431 S. 283 93–451 S. 355 93–492 S. 356 93–637 S. 386 93–503 S. 411 93–328 S. 433 93–523 S. 514 93–291 S. 521 93–582 S. 544 93–583 S. 605 93–466 S. 628 93–474 S. 634 93–458 S. 663 93–584 S. 754 93–619 S. 775 93–296 S. 782 93–528 S. 821 93–415 S. 939 93–562 S. 969 93–265 S. 1017 93–638 S. 1064 93–512 S. 1070 93–248 S. 1083 93–639 S. 1115 93–281 S. 1125 93–282 S. 1191 9.3–247 S. 1227 9.3–507 S. 1283 93–577 S. 1296 93–620 S. 1341 93–262 S. 1353 93–524 S. 1411 93–491 S. 1412 93–489 S. 1418 93–585 S. 1479 93–506 S. 1561 93–521 S. 1585 93–318 S. 1647 93–278 S. 1745 93–270 S. 1752 93–311 S. 1769 93–498 S. 1794 93–459 S. 1803 93–359 S. 1836 93–266 S. 1866 93–273 S. 1871 93–408 S. 2001 93–447 S. 2125 93–574 S. 2137 93–345 S. 2149 93–586 S. 2174 93–260 S. 2193 93–537 S. 2220 93–461 S. 2296 93–378 S. 2299 93–510 S. 2315 93–255 S. 2343 93–543 S. 2348 93–465 S. 2362 93–467 S. 2363 93–538 S. 2441 93–267 S. 2457 93–505 S. 2509 93–284 S. 2510 93–100 S. 2662 93–304 S. 2665 93–373 S. 2747 93–259 S. 2770 93–274 S. 2771 93–277 S. 2807 93–587 S. 2830 93–354 S. 2835 93–298 S. 2840 93–479 S. 2844 93–303 S. 2854 93–640 S. 2888 93–588 S. 2893 93–352 S. 2957 93–390 S. 2994 93–641 S. 3007 93–194 S. 3022 93–621 S. 3044 93–443 S. 3052 93–120 S. 3062 93–288 S. 3066 93–383 S. 3072 93–295 S. 3164 93–533 S. 3190 9.3–392 S. 3191 93–558 S. 3202 93–518 S. 3203 93–360 S. 3204 93–504 S. 3228 93–257 S. 3234 93–173 S. 3270 93–426 S. 3289 93–589 S. 3292 93–276 S. 3301 93–427 S. 3304 93–287 S. 3308 93–519 S. 3311 93–356 S. 3320 93–436 S. 3331 93–386 S. 3355 93–481 S. 3358 93–590 S. 3359 93–591 S. 3362 93–454 S. 3373 93–314 S. 3394 93–559 S. 3398 93–293 S. 3418 93–579 S. 3433 93–622 S. 3458 93–347 S. 3473 93–475 S. 3477 93–375 S. 3481 93–623 S. 3489 93–564 S. 3490 93–338 S. 3518 93–565 S. 3546 93–520 S. 3548 93–642 S. 3574 93–578 S. 3615 93–575 S. 3669 93–377 S. 3679 93–357 S. 3698 93–485 S. 3703 93–112 S. 3705 93–337 S. 3782 93–385vii S. 3792 93–500 S. 3802 93–514 S. 3838 93–501 S. 3906 93–525 S. 3919 93–387 S. 3934 93–643 S. 3976 93–573 S. 3979 93–449 S. 4013 93–557 S. 4016 93–526 S. 4040 93–527 S. 4073 93–592 S.J. Res. 40 93–568 S.J. Res. 66 93–384 S.J. Res. 123 93–446 S.J. Res. 133 93–580 S.J. Res. 185 93–249 S.J. Res. 202 93–346 S.J. Res. 206 93–317 S.J. Res. 218 93–331 S.J. Res. 220 93–398 S.J. Res. 221 93–399 S.J. Res. 222 93–401 S.J. Res. 224 93–561 S.J. Res. 228 93–367 S.J. Res. 229 93–374 S.J. Res. 234 93–542 S.J. Res. 236 93–476 S.J. Res. 244 93–425 S.J. Res. 248 93–513 S.J. Res. 250 93–488 S.J. Res. 251 93–450 S.J. Res. 260 93–553 S.J. Res. 262 93–581 S.J. Res. 263 93–541 ix LIST OF PUBLIC LAWS CONTAINED IN THIS VOLUME Public Law Page 93–246 3 93–247 4 93–248 8 93–249 11 93–250 11 93–251 12 93–252 49 93–253 50 93–254 50 93–255 52 93–256 52 93–257 53 93–258 54x 93–259 55 93–260 76 93–261 76 93–262 77 93–263 83 93–264 84 93–265 84 93–266 85 93–267 85 93–268 85 93–269 87 93–270 90 93–271 92 93–272 93 93–273 93 93–274 94 93–275 96 93–276 115 93–277 119 93–278 121xi 93–279 122 93–280 123 93–281 124 93–282 125 93–283 139 93–284 141 93–285 142 93–286 142 93–287 143 93–288 143 93–289 165 93–290 173 93–291 174 93–292 176xii 93–293 176 93–294 177 93–295 180 93–296 184 93–297 187 93–298 188 93–299 189 93–300 190 93–301 190 93–302 191 93–303 192 93–304 194 93–305 195 93–306 232 93–307 233 93–308 234xiii 93–309 234 93–310 235 93–311 236 93–312 237 93–313 238 93–314 239 93–315 239 93–316 240 93–317 244 93–318 244 93–319 246 93–320 266 93–321 275 93–322 276 93–323 280 93–324 281 93–325 285 93–326 286xiv 93–327 287 93–328 287 93–329 288 93–330 288 93–331 289 93–332 289 93–333 290 93–334 290 93–335 291 93–336 291 93–337 292 93–338 293 93–339 293 93–340 294 93–341 295 93–342 295 93–343 296 93–344 297xv 93–345 339 93–346 340 93–347 340 93–348 342 93–349 354 93–350 355 93–351 357 93–352 358 93–353 362 93–354 373 93–355 378 93–356 390 93–357 391 93–358 392 93–359 393 93–360 395xvi 93–361 397 93–362 398 93–363 398 93–364 399 93–365 399 93–366 409 93–367 419 93–368 420 93–369 423 93–370 423 93–371 424 93–372 444 93–373 445 93–374 445 93–375 446 93–376 446xvii 93–377 472 93–378 476 93–379 480 93–380 484 93–381 613 93–382 633 93–383 633 93–384 741 93–385 741 93–386 742 93–387 750 93–388 752 93–389 763 93–390 763 93–391 768 93–392 781xviii 93–393 782 93–394 792 93–395 793 93–396 794 93–397 795 93–398 795 93–399 795 93–400 796 93–401 800 93–402 801 93–403 802 93–404 803 93–405 822 93–406 829 93–407 1036xix 93–408 1066 93–409 1069 93–410 1079 93–411 1089 93–412 1089 93–413 1093 93–414 1095 93–415 1109 93–416 1143 93–417 1151 93–418 1151 93–419 1152 93–420 1153 93–421 1154 93–422 1154 93–423 1158xx 93–424 1166 93–425 1166 93–426 1166 93–427 1170 93–428 1171 93–429 1179 93–430 1180 93–431 1184 93–432 1186 93–433 1187 93–434 1209 93–435 1210 93–436 1212 93–437 1212 93–438 1230 93–439 12o4 93–440 1258 93–441 1261xxi 93–442 1262 93–443 1263 93–444 1304 93–445 1305 93–446 1362 93–447 1363 93–448 1363 93–449 1364 93–450 1368 93–451 1368 93–452 1369 93–453 1375 93–454 1376 93–455 1381 93–456 1382xxii 93–457 1383 93–458 1383 93–459 1384 93–460 1386 93–461 1387 93–462 1388 93–463 1389 93–464 1416 93–465 1417 93–466 1420 93–467 1421 93–468 1422 93–469 1422 93–470 1422 93–471 1423 93–472 1430 93–473 1431xxiii 93–474 1438 93–475 1439 93–476 1444 93–477 1445 93–478 1449 93–479 1450 93–480 1454 93–481 1455 93–482 1456 93–483 1457 93–484 1459 93–485 1460 93–486 1461 93–487 1463 93–488 1464 93–489 1465 93–490 1466xxiv 93–491 1468 93–492 1470 93–493 1486 93–494 1499 93–495 1500 93–496 1526 93–497 1534 93–498 1535 93–499 lo49 93–500 1552 93–501 1557 93–502 1561 93–503 1565 93–504 1075 93–505 157o 93–506 1577xxv 93–507 1577 93–508 1578 93–509 1603 93–510 1604 93–511 1608 93–512 1609 93–513 1610 93–514 1611 93–515 1612 93–516 1617 93–517 1634xxvi 93–518 1652 93–519 1659 93–520 1659 93–521 1659 93–522 1660 93–523 1660 93–524 1694 93–525 1965 93–526 1695 93–527 1702 93–528 1706 93–529 1710 93–530 1711 93–531 1712 93–532 1723 93–533 1724 93–534 1731xxvii 93–535 1732 93–536 1734 93–537 1735 93–538 1736 93–539 1738 93–540 1738 93–541 1739 93–542 1740 93–543 1740 93–544 1741 93–545 1741 93–546 1742 93–547 1742 93–548 1743 93–549 1743 93–550 1744xxviii 93–551 1744 93–552 1745 93–553 1770 93–554 1771 93–555 1784 93–556 1789 93–557 1792 93–558 1793 93–559 1795 93–560 1820 93–561 1821 93–562 1821 93–563 1822 93–564 1843 93–565 1843 93–566 1844 93–567 1845 93–568 1855 93–569 1863 93–570 1867 93–571 1868xxix 93–572 1869 93–573 1873 93–574 1875 93–575 1878 93–576 1878 93–577 1878 93–578 1895 93–579 1896 93–580 1910 93–581 1914 93–582 1915 93–583 1916 93–584 1917 93–585 1918xxx 93–586 1920 93–587 1920 93–588 1920 93–589 1921 93–590 1922 93–591 1922 93–592 1924 93–593 1925 93–594 1926 93–595 1926 93–596 1949 93–597 1950 93–598 1954 93–599 1954 93–600 19o5 93–601 1956 93–602 1907 93–603 1959 93–604 1959xxxi 93–605 1965 93–606 1966 93–607 1966 93–608 1967 93–609 1972 93–610 1973 93–611 1974 93–612 1974 93–613 1975 93–614 1975 93–615 1977 93–616 1977 93–617 1978 93–618 1978 93–619 2076 93–620 2089 93–621 2094xxxii 93–622 2096 93–623 2102 93–624 2106 93–625 2108 93–626 2121 93–627 2126 93–628 2147 93–629 2148 93–630 2152 93–631 2153 93–632 2153 93–633 2156 93–634 2173 93–635 2173 93–636 2179 93–637 2183xxxiii 93–638 2203 93–639 2217 93–640 2217 93–641 2225 93–642 2276 93–643 2281 93–644 2291 93–645 2330 93–646 2333 93–647 2337 93–648 2361 93–649 2361 xxxv LIST OF BILLS ENACTED INTO PRIVATE LAW NINETY-THIRD CONGRESS, SECOND SESSION Bill No. Private Law No. H.R. 1321 93–57 H.R. 1376 93–77 H.R. 1715 93–109 H.R. 1961 93–73 H.R. 2208 93–110 H.R. 2514 93–74 H.R. 2533 93–56 H.R. 2537 93–88 H.R. 3203 93–111 H.R. 3339 93–112 H.R. 3532 93–98 H.R. 3534 93–80 H.R. 3538 93–107 H.R. 3544 93–87 H.R. 3903 93–99 H.R. 4590 93–89 H.R. 5106 93–58 H.R. 5266 93–79 H.R. 5477 93–75 H.R. 5667 93–90 H.R. 5759 93–67 H.R. 6116 93–68 H.R. 6119 93–51 H.R. 6202 93–96 H.R. 6477 93–97 H.R. 6979 93–72 H.R. 7087 93–71 H.R. 7089 93–83 H.R. 7128 93–81 H.R. 7207 93–86 H.R. 7363 93–59 H.R. 7397 93–82 H.R. 7682 93–91 H.R. 7684 93–113 H.R. 7685 93–76 H.R. 7767 93–114 H.R. 8322 93–115 H.R. 8543 93–85 H.R. 8823 93–78 H.R. 8824 93–100 H.R. 9182 93–116 H.R. 9588 93–117 H.R. 9654 93–118 H.R. 10827 93–119 H.R. 11847 93–120 H.R. 12627 93–66 H.R. 13869 93–121 H.R. 14461 93–122 S. 71 93–60 S. 184 93–103 S. 205 93–61 S. 245 93–69 S. 251 93–123 S. 428 93–70 S. 507 93–62 S. 724 93–84 S. 816 93–63 S. 912 93–64 S. 1276 93–92 S. 1357 93–104 S. 1615 93–52 S. 1673 93–53 S. 1852 93–54 S. 1922 93–55 S. 2112 93–65 S. 2337 93–93 S. 2382 93–94 S. 2446 93–108 S. 2594 93–105 S. 2838 93–106 S. 3397 93–101 S. 3578 93–102 S.J. Res. 192 93–95 xxxvii LIST OF PRIVATE LAWS CONTAINED IN THIS VOLUME Private Law Page 93–51 2365 93–52 2365 93–53 2366 93–54 2366 93–55 2366 93–56 2366 93–57 2367 93–58 2367 93–59 2367 93–60 2368 93–61 2368 93–62 2368 93–63 2369 93–64 2369 93–65 2369 93–66 2369 93–67 2370 93–68 2370 93–69 2370 93–70 2371 93–71 2371 93–72 2372 93–73 2372 93–74 2372 93–75 2373 93–76 2373 93–77 2373 93–78 2374 93–79 2374 93–80 2375 93–81 2375 93–82 2376 93–83 2376 93–84 2377xxxviii 93–85 2377 93–86 2378 93–87 2378 93–88 2379 93–89 2379 93–90 2379 93–91 2380 93–92 2380 93–93 2380 93–94 2381 93–95 2381 93–96 2381 93–97 2382 93–98 2382 93–99 2383 93–100 2383 93–101 2384 93–102 2384 93–103 2384 93–104 2385 93–105 2385 93–106 2386 93–107 2386 93–108 2387 93–109 2388 93–110 2388 93–111 2389 93–112 2389 93–113 2390 93–114 2390 93–115 2390 93–116 2391 93–117 2391xxxix 93–118 2391 93–119 2392 93–120 2392 93–121 2393 93–122 2393 93–123 2394 xli LIST OF CONCURRENT RESOLUTIONS CONTAINED IN THIS VOLUME Page Congress. Joint meeting 2397 Constitution of the United States. Printing as House document; additional copies 2397 House of Representatives and Senate. Adjournment from February 7–13, 1974 and February 8–18, 1974, respectively 2398 Convention of American Instructors of the Deaf, report. Printing as Senate document; additional copies 2398 Child Abuse Prevention, hearings. Printing of additional copies 2398 Commission on the Bankruptcy Laws of the United States, report. Printing of additional copies 2398 “Disclosure of Corporate Ownership.” Printing as Senate document ; additional copies 2398 “Confidence and Concern: Citizens View American Government—A Survey of Public Attitudes.” Printing of additional copies 2399 J. Edgar Hoover—Tributes.Printing as Senate document; additional copies 2399 Senate. Adjournment from March 13–19, 1974 2399 Veterans’ Benefits Calculator.Printing of additional copies 2400 “Foreign Policy Implications of the Energy Crisis,”hearings Printing of additional copies 2400 House of Representatives and Senate. Adjournment from April 11–22, 1974 2400 H. R. 11793. Correction in bill enrollment 2400 Two Hundredth Anniversary of the First Continental Congress—Day of National Observance 2401 House of Representatives and Senate. Adjournment from May 23–28, 1974, and May 22–28, 1974, respectively 2402 “Surgeon General’s Report by the Scientific Advisory Committee on Television and Social Behavior,” hearings.Printing of additional copies 2402 “Summary of Veterans Legislation Reported, Ninety-Third Congress.” Printing of copies 2402 “To Save the Children: Nutritional Intervention Through Supplemental Feeding.” Printing of additional copies 2403 “Our Flag.”Printing as House document; additional copies 2403 “Our American Government What Is III How Does II World.” Printing as House document; additional copies 2403 Honor America—Flag Day to Independence Day 2404 Biomedical and behavioral research training—conference papers Congressional signing of duplicates 2404 Presidential election of 1972, illegal, improper, or unethical activities, hearings. Printing of additional copies 2404 House of Representatives and Senate.Adjournment from July 3–9, 1974, and June 27–July 8, 1974, respectively 2404 Earl Warren—funeral services.Catafalque, transfer 2405 “State Postsecondary Education Commissions,” hearings 2405xlii “Controlling the Damage: United States Policy Options for Greece,” report 2405 “United States Space Week.” Designation authorization 2406 Congressional adjournment, rules 2406 H.R. 15074. Correction in bill enrollment 2406 Impeachment inquiry, hearings and final report. Printing of additional copies 2407 Herbert Hoover—one hundredth birthday anniversary 2407 Joint Economic Committee, study on infiation 2407 H.R. 69. Correction in bill enrollment 2409 Gerald R. Ford, President of the United Slates 2409 Congress. Joint meeting 2410 S. 8066. Correction in bill enrollment 2410 1980 Winter Olympic games—Lake Placid, New York 2410 “The Recreation Imperative—The National Outdoor Recreation Plan, report. Printing of additional copies 2411 House of Representatives and Senate. Adjournment from August 22–September 11, 1974, and August 22–September 4, 1974, respectively 2411 H.R. 15842. Correction in bill enrollment 2412 H.R. 2. Correction in bill enrollment 2412 Smokey Bear, return to Capitan, New Mexico, on his death 2421 H.R. 14883. Correction in bill enrollment 2421 “How Our Laws Are Made,”Printing as House document; additional copies 2422 Congress.Joint meeting 2422 S. 1769. Correction in bill enrollment 2422 H.R. 11221. Correction in bill enrollment 2423 H.R. 11510. Correction in bill enrollment 2423 H.R. 15427. Correction in bill enrollment 2423 Centennial safe 2424 House of Representatives and Senate. Adjournment from October 17–November 18, 1974 2425 House of Representatives and Senate. Adjournment from November 26–December 3, 1974 and November 26–December 2, 1974, respectively 2425 Select Committee on Nutrition and Human Needs, hearings and reports. Printing of additional copies 2425 “Public Financing of Federal Elections,” hearings. Printing of additional copies 2426 “The Marihuana-Hashish Epidemic and Its Impact on United States Security,” hearings. Printing of additional copies 2426 S. 425. Correction in bill enrollment 2426 H.R. 17468. Correction in bill enrollment 2430 “Impeachment of Richard M. Nixon, President of the United States.” Printing of additional copies 2431 First Continental Congress—two hundredth anniversary. Proceedings printed as House document; additional copies 2431 Portrait of Honorable Leonor K. Sullivan—presentation. Transcript printed as House document; additional copies 2431 Rev Edward Gardiner Latch’s prayers. Printing as House document; additional copies 2431 H.R. 14689. Correction in bill enrollment 2432 S. 356. Correction in bill enrollment 2432 Constitution of the United States, pocket-size edition. Printing as House document; additional copies 2432 Constitution of the United States and Declaration of Independence. Printing as House document; additional copies 2432 H.R. 10710. Correction in bill enrollment 2433 Congress. Adjournment sine die 2433 xliii LIST OF PROCLAMATIONS CONTAINED IN THIS VOLUME No. 4258 2437 4259 2439 4260 2440 4261 2441 4262 2442 4263 2444 4264 2445 4265 2446 4266 2447 4267 2448 4268 2449 4269 2450 4270 2451 4271 2453 4272 2454 4273 2456 4274 2457 4275 2459 4276 2460 4277 2461 4278 2463 4279 2464 4280 2468 4281 2469 4282 2470 4283 2471 4284 2472 4285 2473 4286 2474 4287 2475 4288 2476 4289 2477 4290 2478 4291 2479 4292 2480 4293 2481 4294 2482 4295 2484 4296 2485 4297 2486 4298 2487 4299 2489 4300 2490 4301 2491 4302 2492 4303 2493 4304 2494xliv 4305 2496 4306 2497 4307 2498 4308 2499 4309 2500 4310 2501 4311 2502 4312 2503 4313 2504 4314 2507 4315 2508 4316 2509 4317 2510 4318 2513 4319 2514 4320 2521 4321 2523 4322 2524 4323 2525 4324 2527 4325 2528 4326 2529 4327 2530 4328 2531 4329 2532 4330 2533 4331 2534 4332 2535 4333 2536 4334 2537 4335 2540 4336 2542 4337 2543 4338 2544

PUBLIC LAWS

(CONTINUED)

 Public Law 93–447: To redesignate the Alamogordo Dam and Reservoir, New Mexico, as Sumner Dam and Lake Sumner, respectively. Public Law 447 Public Law 93–447 88 Stat. 1363 1974-10-17 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public 88 Stat. 1363 Public Law 93–447
An Act To redesignate the Alamogordo Dam and Reservoir, New Mexico, as Sumner Dam and Lake Sumner, respectively.

October 17, 1974

[S. 2001]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Alamogordo Dam and Reservoir, N. Mex.

Name change.

33 USC 707 note.
That the Alamogordo Dam and Reservoir, New Mexico, referred to in the Act of August 11, 1939 (53 Stat. 1414), are redesignated as Sumner Dam and Lake Sumner, respectively. Any law, regulation, map, document, record, or other paper of the United States in which such dam or reservoir is referred to shall be held to refer to such dam as Sumner Dam or such reservoir as Lake Sumner.
Approved October 17, 1974.
Public Law 93–448: Making further continuing appropriations for the fiscal year 1975, and for other purposes. Public Law 448 Public Law 93–448 88 Stat. 1363 1974-10-17 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public Public Law 93–448
Joint Resolution Making further continuing appropriations for the fiscal year 1975, and for other purposes.

October 17, 1974

[H.J. Res. 1167]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That

Continuing appropriations, 1975.

Ante, p. 284.

 (a) clause (c) of section 102 of the joint resolution of June 30, 1974 (Public Law 93–324), is hereby amended by striking out “September 30, 1974” and inserting in lieu thereof “sine die adjournment of the second session of the Ninety-third Congress”. (b) Clause (a) of such section is amended by inserting immediately after “joint resolution” the following: “or, in the case of the United States Information Agency, enactment of authorizations of appropriations for fiscal year 1975 for that Agency”.
Sec. 2. Section 101(e) of such joint resolution is amended by

Ante, p. 281.

 striking out “first quarter” and inserting in lieu thereof “quarterly”.
Sec. 3. The fourth unnumbered clause of section 101(b) of such joint resolution, relating to foreign assistance and related programs appropriations, is amended by striking out all that follows “as amended” and inserting in lieu thereof “: Provided, That in computing the current rate of operations of military assistance there shall be included the amount of obligations incurred in Department of Defense appropriations during the fiscal year 1974 for military assistance to Laos;”.
Sec. 4. Such joint resolution is amended by adding at the end thereof

Honduras, Bangladesh, and Cyprus, relief funds.

 the following new section:
“Sec. 112. Notwithstanding any other provision of this joint resolution or any other Act, the President is authorized to use funds made available for foreign assistance by this joint resolution but not to exceed $15,000,000, to provide, on such terms and conditions as he may determine, relief, rehabilitation, and reconstruction assistance in connection with the damage caused by floods in Honduras and Bangladesh and by civil strife in Cyprus.”.
Sec. 5. Such joint resolution is amended by adding at the end thereof

South Vietnam, fertilizer purchase, restriction.

 the following new section:
“Sec. 113. None of the funds made available for foreign assistance by this joint resolution may be used to purchase fertilizer in the United States for export to South Vietnam.”.
Sec. 6. None of the funds herein made available shall be obligated

Turkey, military assistance, limitations.

 or expended for military assistance, or for sales of defense articles and services (whether for cash or by credit, guaranty, or any other means) or for the transportation of any military equipment or supplies88 Stat. 1364 to Turkey until and unless the President certifies to the Congress that the Government of Turkey is in compliance with the Foreign Assistance

22 USC 2151 note.

22 USC 2751 note.

Suspension.

Effective period.

 Act of 1961, the Foreign Military Sales Act, and any agreement entered into under such Acts, and that substantial progress toward agreement has been made regarding military forces in Cyprus: Provided, That the President is authorized to suspend the provisions of this section and said Acts if he determines that such suspension will further negotiations for a peaceful solution of the Cyprus conflict. Any such suspension shall be effective only until December 10, 1974 and only if, during that time, Turkey shall observe the ceasefire and shall neither increase its forces on Cyprus nor transfer to Cyprus any U.S. supplied implements of war.
Approved October 17, 1974.
Public Law 93–449: To increase on an emergency basis the availability of reasonably priced mortgage credit for housing. Public Law 449 Public Law 93–449 88 Stat. 1364 1974-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public Public Law 93–449
An Act To increase on an emergency basis the availability of reasonably priced mortgage credit for housing.

October 18, 1974

[S. 3979]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Emergency Home Purchase Assistance Act of 1974.
short title
Section 1. This

12 USC 1723e note.

 Act may be cited as the “Emergency Home Purchase Assistance Act of 1974”.
findings
Sec. 2. The

12 USC 1723e note.

 Congress finds and declares that— (1) in many parts of the Nation, residential mortgage credit is or is likely soon to become prohibitively expensive or unavailable at any price; (2) the unavailability of mortgage credit severely restricts housing production, causes hardship for those who wish to purchase or sell new and existing housing, and delays the achievement of the national goal of a decent home for every American family; and (3) there is an urgent need to provide an alternate source of residential mortgage credit on an emergency basis.
interim authority
Sec. 3. (a) Title III of the National Housing Act is amended by adding at the end thereof the following new section:
“interim authority to purchase certain mortgages
“Sec. 313. (a) (1) Whenever

12 USC 1723e.

 the Secretary finds inflationary conditions and related governmental actions are having a severely disproportionate effect on the housing industry and the resulting reduction in the volume of home construction or acquisition threatens seriously to affect the economy and to delay the orderly achievement of the national housing goals contained in title XVI of the Housing and Urban

42 USC 1441a.

 Development Act of 1968, the Secretary shall direct the Association to begin making commitments to purchase and to purchase mortgages in accordance with the provisions of this section. “(2) The

Termination.

 Secretary may direct the Association to terminate its activities under this section whenever he determines that the conditions88 Stat. 1365 which gave rise to his determination under paragraph (1) are no longer present. “(b) Whenever the Secretary issues a directive under subsection (a)(1), the Association shall make commitments to purchase and purchase, and may service, sell (with or without recourse), or otherwise deal in, mortgages (1) which cover more than four-family residences (including cooperatives and condominiums and the individual units therein) and which are insured under the National Housing Act and

12 USC 1701 and note.

38 USC 1801.

 chapter 37 of title 38 of the United States Code, or (2) which cover one-to four-family residences and which are insured under the National Housing Act or guaranteed under chapter 37 of title 38 of the United States Code or by qualified private insurers as determined by the Association or the outstanding principal balances of which do not exceed 80 per centum of the value of the property securing the mortgages. A mortgage may be purchased under this section only if— “(A) such mortgage was executed to finance the acquisition of a one- to four-family residence which will be the principal residence of the mortgagor or to finance the purchase of a more than four-family residence and is subject to a mortgage insured under the National Housing Act;

12 USC 1701 and note.

 “(B) such mortgage involves an original principal obligation

Mortgage principal obligation, limitation.

 not to exceed $42,000 per family residence or dwelling unit, and except that the original principal obligation may not exceed $55,000 in the case of properties in Alaska, Hawaii, and Guam; “(C) such mortgage involves an interest rate or yield not in

Interest rate.

 excess of that which the Secretary may prescribe, taking into account the cost of funds and administrative costs under this section, the importance of making mortgage credit available on reasonable terms, and current conditions in the mortgage market, but in no event shall such rate exceed a rate equal to the average yield during the month preceding the month in which a commitment to purchase such mortgage was issued on all marketable bonds of the United States maturing in more than six but less than twelve years from the date of such commitment (exclusive of bonds with a coupon rate of less than 6 per centum) plus one-half of 1 per centum, adjusted upward to the nearest one-eighth of 1 per centum and taking into account the need to assure that the funds are available in all States pursuant to any maximum mortgage interest rate permitted under the laws or constitutions of the various States and, notwithstanding any State law or constitution to the contrary, discount points and other charges collected in connection with mortgage transactions under this section and recognized by the Association shall not be considered in determining whether the interest rate on any such mortgage exceeds any State usury ceiling. “(c) The Association may issue to the Secretary of the Treasury its obligations in an amount outstanding at any one time sufficient to enable the Association to carry out its functions under this section. Each such obligation shall mature at such time and be redeemable at the option of the Association in such manner as may be determined by the Association, and shall bear interest at a rate determined by the Secretary

Interest rate.

 of the Treasury, taking into consideration the current average yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the obligation of the Association. The Secretary of the Treasury is authorized and directed to purchase any obligations of the Association issued under this section, and for such purposes the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, as now or hereafter in force, and the purposes for which securities

31 USC 774.

 may be issued under the Second Liberty Bond Act, as now or hereafter 88 Stat. 1366 in force, are extended to include any purchase of the Association’s obligations hereunder. “(d) (1) The Association is authorized to guarantee securities based on pools or trusts of the mortgages purchased by the Association under this

12 USC 1721.

 section as provided in section 306(g) of this Act with respect to federally insured or guaranteed mortgages and to act as issuer of such guaranteed securities. The Association shall possess with respect to securities under this section all the powers it possesses with respect to securities guaranteed under such section 306 (g), and the provisions of such section shall apply to guarantees under this section, except that such section shall not be deemed to prohibit the Secretary from guaranteeing payment of only a part of the principal and interest on securities issued under the provisions of this section. “(2) The Association may offer and sell any securities guaranteed under this subsection to the Federal Financing Bank, and such Bank is authorized to purchase any securities so offered. The Association may also offer and sell any securities guaranteed under this subsection to any Federal Reserve bank. The proceeds from the sale of such securities when issued by the Association shall be treated in the accounts in the same manner as if such proceeds were from the sale of the underlying mortgages. “(e) The Secretary may make available a portion of his authority under this section to purchase mortgages covering housing which has been constructed more than twelve months prior to enactment of this section in areas where he determines that there is a serious shortage of mortgage credit to purchase such housing. “(f) The Association is authorized to— “(1) sell mortgages purchased under this section of prices which it determines will help promote the objective of assuring that operations under this section are, to the extent feasible, fully self-supporting; “(2) pay for services performed in carrying out its functions under this section without regard to any limitation on administrative expenses heretofore enacted. “(g) The

Limitation.

 total amount of purchases and commitments authorized by the Secretary to be made pursuant to this section shall not exceed $7,750,000,000 outstanding at any one time.”.
(b) The

Effective date.

12 USC 1723e note.

 amendment made by subsection (a) becomes effective upon the date of enactment of this Act and shall remain in effect for a period of one year following such date of enactment, except that it shall remain in effect after the expiration of such period to the extent necessary (1) to honor commitments to purchase mortgages issued prior to the expiration of such period, and (2) to provide for the liquidation of assets and discharge of liabilities acquired or incurred prior to the expiration of such period.
amendments to other laws
Sec. 4. (a) The

12 USC 1703.

 National Housing Act is amended as follows: (1) The first sentence of section 2(a) of such Act is amended by inserting before the period at the end thereof the following: “; and for the purpose of financing the preservation of historic structures, and,

“Historic structures.”

“Preservation.”

 as used in this section, the term ‘historic structures’ means residential structures which are registered in the National Register of Historic Places or which are certified by the Secretary of the Interior to conform to National Register criteria; and the term ‘preservation’ means restoration or rehabilitation undertaken for such purposes as are approved by the Secretary in regulations issued by him, after consulting with the Secretary of the Interior”. 88 Stat. 1367 (2) Section 2(b) of such Act is amended by adding at the end thereof the following new paragraph:
“A loan financing the preservation of a historic structure shall— “(1) involve an amount not exceeding $15,000 per family unit; and “(2) have a maturity not exceeding fifteen years and thirty-two days.”.
(b) Section 203 of the National Housing Act is amended by adding

Cooperative housing projects, mortgage insurance.

12 USC 1709.

 at the end thereof the following: “(n) (1) The Secretary is authorized to insure under this section any mortgage meeting the requirements of subsection (b) of this section, except as modified by this subsection. To be eligible, the mortgage shall involve a dwelling unit in a cooperative housing project which is covered by a blanket mortgage insured under this Act. The mortgage amount as determined under the other provisions of subsection (b) of this section shall be reduced by an amount equal to the portion of the unpaid balance of the blanket mortgage covering the project which is attributable (as of the date the mortgage is accepted for insurance) to such unit. “(2) For the purpose of this subsection

Definitions.

— “(A) The terms ‘home mortgage’ and ‘mortgage’ include a first lien given (in accordance with the laws of the State where the property is located and accompanied by such security and other undertakings as may be required under regulations of the Secretary) to secure a loan made to finance the purchase of stock or membership in an nonprofit cooperative ownership housing corporation the permanent occupancy of the dwelling units of which is restricted to members of such corporation, where the purchase of such stock or membership will entitle the purchaser to the permanent occupancy of one of such units. “(B) The terms ‘appraised value of the property’, ‘value of the property’, and ‘value’ include the appraised value of a dwelling unit in a cooperative housing project of the type described in subparagraph (A) where the purchase of the stock or membership involved will entitle the purchaser to the permanent occupancy of that unit; and the term ‘property’ includes a dwelling unit in such a cooperative project. “(C) The term ‘mortgagor’ includes a person or persons giving a first lien (of the type describe in subparagraph (A)) to secure a loan to finance the purchase of stock or membership in a cooperative housing corporation.” (c) Section 10(b) of the Federal Home Loan Bank Act (12 U.S.C.

Home mortgages used as security.

 1430(b)), as amended, is amended by striking the dollar figure “$40,000” and inserting in lieu thereof “$55,000 (except that with respect to dwellings in Alaska, Guam, and Hawaii the foregoing limitation may, by regulation of the Board, be increased by not to exceed 50 per centum)”. (d) Section 5(c) of the Home Owners’ Loan Act of 1933 (12 U.S.C. 1464(c)), as amended, is amended by adding in the nineteenth paragraph thereof after the phrase “section 401 (d)” the following phrase: “or section 408 (a)”. (e) Section 5 of Public Law 93–387 is amended to read: “The Council

Ante, p. 751.

12 USC 1904 note.

 shall report to the President, and through him to the Congress, on a quarterly basis and not later than thirty days after the close of each calendar quarter, concerning its activities, findings, and recommendations with respect to the containment of inflation and the maintenance of a vigorous and prosperous peacetime economy.”.
88 Stat. 1368
federal reserve act amendment
Sec. 5. Section

Time notes, advances.

12 USC 347b.

 10(b) of the Federal Reserve Act is amended by adding the following at the end thereof:

“Notwithstanding the foregoing, any Federal Reserve bank, under rules and regulations prescribed by the Board of Governors of the Federal Reserve System, may make advances to any member bank on its time notes having such maturities as the Board may prescribe and which are secured by mortgage loans covering a one-to-four family residence.

Interest rate.

Such advances shall bear interest at a rate equal to the lowest discount rate in effect at such Federal Reserve bank on the date of such note.”.
Approved October 18, 1974.
Public Law 93–450: To extend the authority of the Export-Import Bank of the United States. Public Law 450 Public Law 93–450 88 Stat. 1368 1974-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public Public Law 93–450
Joint Resolution To extend the authority of the Export-Import Bank of the United States.

October 18, 1974

[S.J. Res. 251]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 8 of the Export-Import

Ante, p. 1166.

12 USC 635f note.

 Bank Act of 1945 is amended by striking out “October 15, 1974” and inserting in lieu thereof “November 30, 1974”: Provided, however, That the Bank shall not authorize any financial assistance to the Union of Soviet Socialist Republics during the life of this resolution.
Approved October 18, 1974.
Public Law 93–451: To declare that the United States holds in trust for the Bridgeport Indian Colony certain lands in Mono County, California. Public Law 451 Public Law 93–451 88 Stat. 1368 1974-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public Public Law 93–451
An Act To declare that the United States holds in trust for the Bridgeport Indian Colony certain lands in Mono County, California.

October 18, 1974

[S. 3979]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Bridgeport Indian Colony, Calif.

Lands in trust.

That all of the right, title, and interest of the United States in the following described public domain land located in Mono County, California, are hereby declared to be held by the United States in trust for the Bridgeport Indian Colony:

The southeast quarter of the northeast quarter of section 28, township 5 north, range 25 east, Mount Diablo base and meridian, Mono County, California, containing forty acres more or less.

Provided further, That said parcel shall be subject to the easement to the Bridgeport Public Utility District for a sewer main.
Approved October 18, 1974.
Public Law 93–452: To extend and expand the authority for carrying out conservation and rehabilitation programs on military reservations, and to authorize the implementation of such programs on certain public lands. Public Law 452 Public Law 93–452 88 Stat. 1369 1974-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public 88 Stat. 1369 Public Law 93–452
An Act To extend and expand the authority for carrying out conservation and rehabilitation programs on military reservations, and to authorize the implementation of such programs on certain public lands.

October 18, 1974

[H. R. 11537]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Conservation and rehabilitation programs on military and public lands.
That the Act entitled “An Act to promote effectual planning, development, maintenance, and coordination of wildlife, fish and game conservation and rehabilitation in military reservations”, approved September 15, 1960 (16 U.S.C. 670a-f), is amended— (1) by inserting immediately after the first sentence of the

16 USC 670a.

 first section thereof the following new sentence: “Such cooperative plan shall provide for (1) fish and wildlife habitat improvements or modifications, (2) range rehabilitation where necessary for support of wildlife, and (3) control of off-road vehicle traffic.”; and (2) by amending section 6(b) thereof

16 USC 670f.

— (A) by amending the first sentence thereof by inserting immediately after “July 1, 1971,” the following: “and not to exceed $1,500,000 for the fiscal year beginning July 1, 1972, and for each of the next five fiscal years thereafter,”; and (B) by inserting immediately before the last sentence thereof the following new sentence: “There is authorized to be appropriated to the Secretary of the Interior not to exceed $2,000,000 for the fiscal year beginning July 1, 1973, and for each of the next four fiscal years thereafter to enable the Secretary to carry out such functions and responsibilities as he may have under cooperative plans to which he is a party under this title.”
Sec. 2. Such Act of September 15, 1960, is further amended by adding at the end thereof the following: <num value="II">“TITLE II—</num><heading class="centered">CONSERVATION PROGRAMS ON CERTAIN PUBLIC LAND</heading> <section class="firstIndent1 fontsize10"> <num value="201">“<inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"><num value="a">(a) </num> <content>The Secretary of the Interior and the Secretary of<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s670g">16 USC 670g</ref>.</p></sidenote> Agriculture shall each, in cooperation with the State agencies and in accordance with comprehensive plans developed pursuant to section 202 of this title, plan, develop, maintain, and coordinate programs for the conservation and rehabilitation of wildlife, fish, and game. Such conservation and rehabilitation programs shall include, but not be limited to, specific habitat improvement projects and related activities and adequate protection for species considered threatened or endangered.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>The Secretary of the Interior shall implement the conservation and rehabilitation programs required under subsection (a) of this section on public land under his jurisdiction. The Secretary of the Interior shall adopt, modify, and implement the conservation and rehabilitation programs required under such subsection (a) on public land under the jurisdiction of the Chairman, but only with the prior written approval of the Atomic Energy Commission, and on public land under the jurisdiction of the Administrator, but only with the prior written approval of the Administrator. The Secretary of Agriculture shall implement such conservation and rehabilitation programs on public land under his jurisdiction.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="202">“<inline class="smallCaps">Sec</inline>. 202. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"><num value="1">(1) </num> <content>The Secretary of the Interior shall develop, in<sidenote><p class="indent0 firstIndent0 fontsize8">Comprehensive plans.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s670h">16 USC 670h</ref>.</p></sidenote> consultation with the State agencies, a comprehensive plan for con-<page identifier="/us/stat/88/1370">88 <inline class="smallCaps">Stat</inline>. 1370</page>servation and rehabilitation programs to be implemented on public land under his jurisdiction and the Secretary of Agriculture shall do the same in connection with public land under his jurisdiction.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The Secretary of the Interior shall develop, with the prior written approval of the Atomic Energy Commission, a comprehensive plan for conservation and rehabilitation programs to be implemented on public land under the jurisdiction of the Chairman and develop, with the prior written approval of the Administrator, a comprehensive plan for such programs to be implemented on public land under the jurisdiction of the Administrator. Each such plan shall be developed after the Secretary of the Interior makes, with the prior written approval of the Chairman or the Administrator, as the case may be, and in consultation with the State agencies, necessary studies and surveys of the land concerned to determine where conservation and rehabilitation programs are most needed.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>Each comprehensive plan developed pursuant to this section shall be consistent with any overall land use and management plans for the lands involved. In any case in which hunting, trapping, or fishing (or any combination thereof) of resident fish and wildlife is to be permitted on public land under a comprehensive plan, such hunting, trapping, and fishing shall be conducted in accordance with applicable laws and regulations of the State in which such land is located.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau>Each<sidenote><p class="indent0 firstIndent0 fontsize8">Cooperative agreements.</p></sidenote> State agency may enter into a cooperative agreement with—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>the Secretary of the Interior with respect to those conservation and rehabilitation programs to be implemented under this title within the State on public land which is under his jurisdiction;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>the Secretary of Agriculture with respect to those conservation and rehabilitation programs to be implemented under this title within the State on public land which is under his jurisdiction; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>the Secretary of the Interior and the Chairman or the Administrator, as the case may be, with respect to those conservation and rehabilitation programs to be implemented under this title within the State on public land under the jurisdiction of the Chairman or the Administrator; except that before entering into any cooperative agreement which affects public land under the jurisdiction of the Chairman, the Secretary of the Interior shall obtain the prior written approval of the Atomic Energy Commission and before entering into any cooperative agreement which affects public lands under the jurisdiction of the Administrator, the Secretary of the Interior shall obtain the prior written approval of the Administrator.</content> </subparagraph> <continuation class="indent0 fontsize10">Conservation and rehabilitation programs developed and implemented pursuant to this title shall be deemed as supplemental to wildlife, fish, and game-related programs conducted by the Secretary of the Interior and the Secretary of Agriculture pursuant to other provisions of law. Nothing in this title shall be construed as limiting the authority of the Secretary of the Interior or the Secretary of Agriculture, as the case may be, to manage the national forests or other public lands for wildlife and fish and other purposes in accordance with the Multiple-Use Sustained-Yield Act of 1960 (74 Stat. 215; 16 U.S.C. 528–531) or other applicable authority.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Any conservation and rehabilitation program included within a cooperative agreement entered into under this subsection may be modified in a manner mutually agreeable to the State agency and the<page identifier="/us/stat/88/1371">88 <inline class="smallCaps">Stat</inline>. 1371</page> Secretary concerned (and the Chairman or the Administrator, as the case may be, if public land under his jurisdiction is involved). Before modifying any cooperative agreement which affects public land under the jurisdiction of the Chairman, the Secretary of the Interior shall obtain the prior written approval of the Atomic Energy Commission and before modifying any cooperative agreement which affects public land under the jurisdiction of the Administrator, the Secretary of the Interior shall obtain the prior written approval of the Administrator.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <chapeau>Each cooperative agreement entered into under this subsection shall—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>specify those areas of public land within the State on which conservation and rehabilitation programs will be implemented;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>provide for fish and wildlife habitat improvements or modifications, or both;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>provide for range rehabilitation where necessary for support of wildlife;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content>provide adequate protection for fish and wildlife officially classified as threatened or endangered pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or considered to be threatened, rare, or endangered by the State agency;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content>require the control of off-road vehicle traffic;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">“(F) </num> <chapeau>if the issuance of public land area management stamps is agreed to pursuant to section 203(a) of this title—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>contain such terms and conditions as are required under section 203(b) of this title;</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>require the maintenance of accurate records and the<sidenote><p class="indent0 firstIndent0 fontsize8">Recordkeeping; annual reports.</p></sidenote> filing of annual reports by the State agency to the Secretary of the Interior or the Secretary of Agriculture, or both, as the case may be, setting forth the amount and disposition of the fees collected for such stamps; and</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content>authorize the Secretary concerned and the Comptroller<sidenote><p class="indent0 firstIndent0 fontsize8">Audit.</p></sidenote> General of the United States, or their authorized representatives, to have access to such records for purposes of audit and examination; and</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="G">“(G) </num> <content>contain such other terms and conditions as the Secretary concerned and the State agency deem necessary and appropriate to carry out the purposes of this title.</content> </subparagraph> <continuation class="indent0 fontsize10">A cooperative agreement may also provide for arrangements under which the Secretary concerned may authorize officers and employees of the State agency to enforce, or to assist in the enforcement of, section 204(a) of this title.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>Except where limited under a comprehensive plan or pursuant<sidenote><p class="indent0 firstIndent0 fontsize8">Hunting and fishing.</p></sidenote> to cooperative agreement, hunting, fishing, and trapping shall be permitted with respect to resident fish and wildlife in accordance with applicable laws and regulations of the State in which such land is located on public land which is the subject of a conservation and rehabilitation program implemented under this title.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>The Secretary of the Interior and the Secretary of Agriculture,<sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote> as the case may be, shall prescribe such regulations as are deemed necessary to control, in a manner consistent with the applicable comprehensive plan and cooperative agreement, the public use of public land which is the subject of any conservation and rehabilitation program implemented by him under this title.</content> </paragraph> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="203">“<inline class="smallCaps">Sec</inline>. 203. </num> <subsection class="inline"><num value="a">(a) </num> <content>Any State agency may agree with the Secretary of<sidenote><p class="indent0 firstIndent0 fontsize8">Public land management area stamps.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s670i">16 USC 670i</ref>.</p></sidenote> the Interior and the Secretary of Agriculture (or with the Secretary of the Interior or the Secretary of Agriculture, as the case may be, if within the State concerned all conservation and rehabilitation pro-<page identifier="/us/stat/88/1372">88 <inline class="smallCaps">Stat</inline>. 1372</page>grams under this title will be implemented by him) that no individual will be permitted to hunt, trap, or fish on any public land within the State which is subject to a conservation and rehabilitation program implemented under this title unless at the time such individual is engaged in such activity he has on his person a valid public land management area stamp issued pursuant to this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>Any<sidenote><p class="indent0 firstIndent0 fontsize8">Conditions.</p></sidenote> agreement made pursuant to subsection (a) of this section to require the issuance of public land management area stamps shall be subject to the following conditions:</content> </subsection> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>Such stamps shall be issued, sold, and the fees therefor collected, by the State agency or by the authorized agents of such agency.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Notice<sidenote><p class="indent0 firstIndent0 fontsize8">Notice.</p></sidenote> of the requirement to possess such stamps shall be displayed prominently m all places where State hunting, trapping, or fishing licenses are sold. To the maximum extent practicable, the sale of such stamps shall be combined with the sale of such State hunting, trapping, and fishing licenses.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>Except for expenses incurred in the printing, issuing, or selling of such stamps, the fees collected for such stamps by the State agency shall be utilized in carrying out conservation and rehabilitation programs implemented under this title in the State concerned and for no other purpose. If such programs are implemented by both the Secretary of the Interior and the Secretary of Agriculture in the State, the Secretaries shall mutually agree, on such basis as they deem reasonable, on the proportion of such fees that shall be applied by the State agency to their respective programs.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>The purchase of any such stamp shall entitle the purchaser thereof to hunt, trap, and fish on any public land within such State which is the subject of a conservation or rehabilitation program implemented under this title except to the extent that the public use of such land is limited pursuant to a comprehensive plan or cooperative agreement; but the purchase of any such stamp shall not be construed as (A) eliminating the requirement for the purchase of a migratory bird hunting stamp as set forth in the first section of the Act of March 16, 1934, commonly referred to as the Migratory Bird Hunting Stamp Act (16 U.S.C. 7l8a), or (B) relieving the purchaser from compliance with any applicable State game and fish laws and regulations.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>The amount of the fee to be charged for such stamps, the age at which the individual is required to acquire such a stamp, and the expiration date for such stamps shall be mutually agreed upon by the State agency and the Secretary or Secretaries concerned; except that each such stamp shall be void not later than one year after the date of issuance.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content>Each such stamp must be validated by the purchaser thereof by signing his name across the face of the stamp.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">“(7) </num> <content>Any individual to whom a stamp is sold pursuant to this section shall upon request exhibit such stamp for inspection to any officer or employee of the Department of the Interior or the Department of Agriculture, or to any other person who is authorized to enforce section 204 (a) of this title.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="204">“<inline class="smallCaps">Sec</inline>. 204. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"><num value="1">(1) </num> <content>Any<sidenote><p class="indent0 firstIndent0 fontsize8">Penalties.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s670j">16 USC 670j</ref>.</p></sidenote> person who hunts, traps, or fishes on any public land which is subject to a conservation and rehabilitation program implemented under this title without having on his person a valid public land management area stamp, if the possession of such a stamp is required, shall be fined not more than $1,000, or imprisoned for not more than six months, or both.</content> </paragraph> <page identifier="/us/stat/88/1373">88 <inline class="smallCaps">Stat</inline>. 1373</page> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Any person who knowingly violates or fails to comply with<sidenote><p class="indent0 firstIndent0 fontsize8">Penalties.</p></sidenote> any regulations prescribed under section 202(c)(5) of this title shall be fined not more than $500, or imprisoned not more than six months, or both.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>For the purpose of enforcing subsection (a) of this section,<sidenote><p class="indent0 firstIndent0 fontsize8">Enforcement.</p></sidenote> the Secretary of the Interior and the Secretary of Agriculture may designate any employee of their respective departments, and any State officer or employee authorized under a cooperative agreement to enforce such subsection (a), to (i) carry firearms; (ii) execute and serve any warrant or other process issued by a court or officer of competent jurisdiction; (iii) make arrests without warrant or process for a misdemeanor he has reasonable grounds to believe is being committed in his presence or view; (iv) search without warrant or process any person, place, or conveyance as provided by law; and (v) seize without warrant or process any evidentiary item as provided by law.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Upon the sworn information by a competent person, any United States magistrate or court of competent jurisdiction may issue process for the arrest of any person charged with committing any offense under subsection (a) of this section.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>Any person charged with committing any offense under subsection (a) of this section may be tried and sentenced by any United States magistrate designated for that purpose by the court by which he was appointed, in the same manner and subject to the same conditions as provided for in section 3401 of title 18, United States Code.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>All guns, traps, nets, and other equipment, vessels, vehicles, and<sidenote><p class="indent0 firstIndent0 fontsize8">Equipment and vessels, seizure.</p></sidenote> other means of transportation used by any person when engaged in committing an offense under subsection (a) of this section shall be subject to forfeiture to the United States and may be seized and held pending the prosecution of any person arrested for committing such offense. Upon conviction for such offense, such forfeiture may be adjudicated as a penalty in addition to any other provided for committing such offense.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>All provisions of law relating to the seizure, forfeiture, and condemnation of a vessel for violation of the customs laws, the disposition of such vessel or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures, shall apply to the seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as such provisions of law are applicable and not inconsistent with the provisions of this section; except that all powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of the Department of the Treasury shall, for the purposes of this section, be exercised or performed by the Secretary of the Interior or the Secretary of Agriculture, as the case may be, or by such persons as he may designate.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">“Sec</inline>. 205. </num> <chapeau>As used in this title<sidenote><p class="indent0 firstIndent0 fontsize8">Definitions.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s670k">16 USC 670k</ref>.</p></sidenote>—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>The term ‘Administrator’ means the Administrator of the National Aeronautics and Space Administration.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The term ‘Chairman’ means the Chairman of the Atomic Energy Commission.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <chapeau>The term ‘off-road vehicle’ means any motorized vehicle designed for, or capable of, cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain; but such term does not include—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>any registered motorboat at the option of each State;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>any military, fire, emergency, or law enforcement vehicle when used for emergency purposes; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>any vehicle the use of which is expressly authorized by the Secretary of the Interior or the Secretary of Agriculture under a permit, lease, license, or contract.</content> </subparagraph> </paragraph> <page identifier="/us/stat/88/1374">88 <inline class="smallCaps">Stat</inline>. 1374</page> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <chapeau>The term ‘public land’ means all lands under the respective jurisdiction of the Secretary of the Interior, the Secretary of Agriculture, the Chairman, and the Administrator, except land which is, or hereafter may be, within or designated as—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>a military reservation;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>a unit of the National Park System;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>an area within the national wildlife refuge system;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content>an Indian reservation; or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content>an area within an Indian reservation or land held in trust by the United States for an Indian or Indian tribe.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>The term ‘State agency’ means the agency or agencies of a State responsible for the administration of the fish and game laws of the State.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content>The term ‘conservation and rehabilitation programs’ means to utilize those methods and procedures which are necessary to protect, conserve, and enhance wildlife, fish, and game resources to the maximum extent practicable on public lands subject to this title consistent with any overall land use and management plans for the lands involved. Such methods and procedures shall include, but shall not be limited to, all activities associated with scientific resources management such as protection, research, census, law enforcement, habitat management, propagation, live trapping and transplantation, and regulated taking in conformance with the provisions of this title. Nothing in this term shall be construed as diminishing the authority or jurisdiction of the States with respect to the management of resident species of fish, wildlife, or game, except as otherwise provided by law.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">“Sec</inline>. 206. </num> <content>Notwithstanding<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s670l">16 USC 670<i>l</i></ref>.</p></sidenote> any other provision in this title, section 203 of this title shall not apply to land which is, or hereafter may be, within or designated as Forest Service land or as Bureau of Land Management land of any State in which all Federal lands therein comprise 60 percent or more of the total area of such State; except that in any such State, any appropriate State agency may agree with the Secretary of Agriculture or the Secretary of the Interior, or both, as the case may be, to collect a fee as specified in such agreement at the point of sale of regular licenses to hunt, trap, or fish in such State, the proceeds of which shall be utilized in carrying out conservation and rehabilitation programs implemented under this title in the State concerned and for no other purpose.</content> </section> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">“Sec</inline>. 207. </num> <content>Nothing<sidenote><p class="indent0 firstIndent0 fontsize8">Indian rights.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s670m">16 USC 670m</ref>.</p></sidenote> in this title shall enlarge or diminish or in any way affect (1) the rights of Indians or Indian tribes to the use of water or natural resources or their rights to fish, trap, or hunt wildlife as secured by statute, agreement, treaty. Executive order, or court decree; or (2) existing State or Federal jurisdiction to regulate those rights either on or off reservations.</content> </section> <section class="firstIndent1 fontsize10"> <num value="208"><inline class="smallCaps">“Sec</inline>. 208. </num> <content>Nothing<sidenote><p class="indent0 firstIndent0 fontsize8">Alaska, plans and programs, submittal to Joint Federal-State Land Use Planning Commission.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s670n">16 USC 670n</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t43/s1616">43 USC 1616</ref>.</p></sidenote> in this Act shall in any way affect the jurisdiction, authority, duties, or activities of the Joint Federal-State Land Use Planning Commission established pursuant to section 17 of the Alaska Native Claims Settlement Act (85 Stat. 688). During the development of any cooperative plan for Alaska which may be agreed to under title I after the effective date of this section and of any comprehensive program for Alaska under title II, such Commission shall be given an opportunity to submit its comments on such plan or program.</content> </section> <section class="firstIndent1 fontsize10"> <num value="209">“<inline class="smallCaps">Sec</inline>. 209. </num> <subsection class="inline"><num value="a">(a) </num> <content>There<sidenote><p class="indent0 firstIndent0 fontsize8">Appropriation.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t16/s670o">16 USC 670<i>o</i></ref>.</p></sidenote> is authorized to be appropriated the sum of $10,000,000 for the fiscal year ending June 30, 1974, and for each of the<page identifier="/us/stat/88/1375">88 <inline class="smallCaps">Stat</inline>. 1375</page> next four fiscal years thereafter to enable the Department of the Interior to carry out its functions and responsibilities under this title.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>There is authorized to be appropriated the sum of $10,000,000<sidenote><p class="indent0 firstIndent0 fontsize8">Appropriation.</p></sidenote> for the fiscal year ending June 30, 1974, and for each of the next four fiscal years thereafter to enable the Department of Agriculture to carry out its functions and responsibilities under this title.”</content> </subsection> </section>
Sec. 3. Such Act of September 15, 1960, is further amended— (1) by redesignating the first section and sections 2 through 6 as

16 USC 670a–670f.

 sections 101 through 106, respectively; (2) by striking out “That the Secretary of Defense” in section 101 (as so redesignated) and inserting in lieu thereof the following: <num value="I">“TITLE I—</num><heading class="centered">CONSERVATION PROGRAMS ON MILITARY RESERVATIONS</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">“Sec</inline>. 101. </num> <content>The Secretary of Defense”;</content> </section> (3) by striking out “Act” the first time it appears in the proviso to section 102 (as so redesignated) and inserting in lieu thereof “title”; (4) by striking out “Act” each place it appears in sections 104 and 106 (as so redesignated) and inserting in lieu thereof “title”; and (5) by striking out “sections 1 and 2” in section 106 (as so redesignated) and inserting in lieu thereof “sections 101 and 102”.
Approved October 18, 1974.
Public Law 93–453: To authorize the conveyance of certain lands to the New Mexico State University, Las Cruces, New Mexico. Public Law 453 Public Law 93–453 88 Stat. 1375 1974-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public Public Law 93–453
An Act To authorize the conveyance of certain lands to the New Mexico State University, Las Cruces, New Mexico.

October 18, 1974

[H. R. 5641]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

New Mexico State University.

Land conveyance.
That notwithstanding the acreage limitation in the Act of June 14, 1926, as amended (43 U.S.C. 869–4), the Secretary of the Interior may convey to the New Mexico State University at Las Cruces. New Mexico, in accordance with the provisions of that Act, all or any part of the following described lands: (1) Those lands described in Public Land Order Numbered 2051, containing 1,393.19 acres; (2) Those lands described in Public Land Order Numbered 3685, containing 2,789.07 acres; and (3) Southwest quarter, section 14, township 23 south, range 2 east. New Mexico principal meridian, consisting of 160 acres. All of the above-described lands lie in sections 13, 14, 15, 22, 23, 24, 25, 26, and 35, township 23 south, range 2 east, New Mexico principal meridian.
Approved October 18, 1974.
Public Law 93–454: To enable the Secretary of the Interior to provide for the operation, maintenance, and continued construction of the Federal transmission system in the Pacific Northwest by use of the revenues of the Federal Columbia River Power System and the proceeds of revenue bonds, and for other purposes. Public Law 454 Public Law 93–454 88 Stat. 1376 1974-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public 88 Stat. 1376 Public Law 93–454
An Act To enable the Secretary of the Interior to provide for the operation, maintenance, and continued construction of the Federal transmission system in the Pacific Northwest by use of the revenues of the Federal Columbia River Power System and the proceeds of revenue bonds, and for other purposes.

October 18, 1974

[S. 3362]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Federal Columbia River Transmission System Act.
short title
Section 1. This

16 USC 838 note.

 Act may be cited as the “Federal Columbia River Transmission System Act”.
findings
Sec. 2. (a) Congress

16 USC 838.

16 USC 837.

16 USC 835j–835m.

 finds that in order to enable the Secretary of the Interior to carry out the policies of Public Law 88–552 relating to the marketing of electric power, from hydroelectric projects in the Pacific Northwest, Public Laws 89–448 and 89–561 relating to use of revenues of the Federal Columbia River Power System to provide financial assistance to reclamation projects in, the Pacific Northwest, the treaty between the United States and Canada relating to the cooperative development of the resources of the Columbia River Basin, and other applicable law, it is desirable and appropriate that the revenues of the Federal Columbia River Power System and the proceeds of revenue bonds be used to further the operation, maintenance, and further construction of the Federal transmission system in the Pacific Northwest. (b) Other than as specifically provided herein, the present authority and duties of the Secretary of the Interior relating to the Federal Columbia River Power System shall not be affected by this Act. The authority and duties of the Administrator referred to herein are subject to the supervision and direction of the Secretary.
definitions
Sec. 3. As

16 USC 838a.

 used in this Act— (a) The term “Administrator” means the Administrator, Bonneville Power Administration. (b) The term “electric power” means electric peaking capacity or electric energy, or both. (c) The term “major transmission facilities” means transmission facilities intended to be used to provide services not previously provided by the Bonneville Power Administration with its own facilities.
the federal columbia river transmission system
Sec. 4. The

16 USC 838b.

 Secretary of the Interior, acting by and through the Administrator, shall operate and maintain the Federal transmission system within the Pacific Northwest and shall construct improvements, betterments, and additions to and replacements of such system within the Pacific Northwest as he determines are appropriate and required to: (a) integrate and transmit the electric power from existing or additional Federal or non-Federal generating units; (b) provide service to the Administrator’s customers; (c) provide interregional transmission facilities; or 88 Stat. 1377 (d) maintain the electrical stability and electrical reliability of the Federal system: Provided, however, That the Administrator shall not construct any transmission facilities outside the Pacific Northwest, excepting customer service facilities within any contiguous areas, not in excess of seventy-five airline miles from said region, which are a part of the service area of a distribution cooperative which has (i) no generating facilities, and (ii) a distribution system from which it serves both within and without said region, nor shall he commence construction of any major transmission facility within the Pacific Northwest, unless the expenditure of the funds for the initiation of such construction is specifically approved by Act of Congress.
congressional approval of expenditures
Sec. 5. (a) Unless specifically authorized by Act of Congress, the

16 USC 838c.

 Administrator shall not expend funds made available under this Act, other than funds specifically appropriated by the Congress for such purpose, to acquire any operating transmission facility by condemnation: Provided, That this provision shall not restrict the acquisition of the right to cross such a facility by condemnation. (b) At least sixty days prior to the time a request for approval or authority under section 4 or 5 of this Act is sent to Congress, the Administrator shall give notice of such request to entities in the Pacific Northwest with which the Administrator has power sales or exchange contracts or transmission contracts or which have a transmission interconnection with the Federal transmission system.
transmission of non-federal power
Sec. 6. The Administrator shall make available to all utilities on a

16 USC 838d.

 fair and nondiscriminatory basis, any capacity in the Federal transmission system which he determines to be in excess of the capacity required to transmit electric power generated or acquired by the United States.
acquisition of property
Sec. 7. Subject to the provisions of section 5 of this Act the Administrator

16 USC 838e.

 may purchase or lease or otherwise acquire and hold such real and personal property in the name of the United States as he deems necessary or appropriate to carry out his duties pursuant to law.
marketing authority
Sec. 8. The Administrator is hereby designated as the marketing

16 USC 838f.

 agent for all electric power generated by Federal generating plants in the Pacific Northwest, constructed by, under construction by, or presently authorized for construction by the Bureau of Reclamation or the United States Corps of Engineers except electric power required for the operation of each Federal project and except electric power from the Green Springs project of the Bureau of Reclamation.
rates and charges
Sec. 9. Schedules of rates and charges for the sale, including dispositions

16 USC 838g.

 to Federal agencies, of all electric power made available to the Administrator pursuant to section 8 of this Act or otherwise acquired, and for the transmission of non-Federal electric power over88 Stat. 1378 the Federal transmission system, shall become effective upon confirmation and approval thereof by the Federal Power Commission. Such rate schedules may be modified from time to time by the Secretary of the Interior, acting by and through the Administrator, subject to confirmation and approval by the Federal Power Commission, and shall be fixed and established (1) with a view to encouraging the widest possible diversified use of electric power at the lowest possible rates to consumers consistent with sound business principles, (2) having regard to the recovery (upon the basis of the application of such rate schedules to the capacity of the electric facilities of the projects) of the cost of producing and transmitting such electric power, including the amortization of the capital investment allocated to power over a reasonable period of years and payments provided for in section 11(b) (9), and (3) at levels to produce such additional revenues as may be required, in the aggregate with all other revenues of the Administrator, to pay when due the principal of, premiums, discounts, and expenses in connection with the issuance of and interest on all bonds issued and outstanding pursuant to this Act, and amounts required to establish and maintain reserve and other funds and accounts established in connection therewith.
uniform rates
Sec. 10. The

16 USC 838h.

 said schedules of rates and charges for transmission, the said schedules of rates and charges for the sale of electric power, or both such schedules, may provide, among other things, for uniform rates or rates uniform throughout prescribed transmission areas. The recovery of the cost of the Federal transmission system shall be equitably allocated between Federal and non-Federal power utilizing such system.
bonneville power administration fund
Sec. 11. (a) There

Establishment.

16 USC 8381.

 is hereby established in the Treasury of the United States a Bonneville Power Administration fund (hereinafter referred to as the “fund”). The fund shall consist of (1) all receipts, collections, and recoveries of the Administrator in cash from all sources, including trust funds, (2) all proceeds derived from the sale of bonds by the Administrator, (3) any appropriations made by the Congress for the fund, and (4) the following funds which are hereby transferred to the Administrator: (i) all moneys in the special account in the Treasury established pursuant to Executive Order Numbered

3 CFR, 1938–1943 Comp., p. 704.

16 USC 832j.

 8526 dated August 26, 1940, (ii) the unexpended balances in the continuing fund established by the provisions of section 11 of the Bonneville Project Act of August 20, 1937 (16 U.S.C. 831 et seq.), and (iii) the unexpended balances of funds appropriated or otherwise made available for the Bonneville Power Administration. All funds transferred hereunder shall be available for expenditure by the Secretary of the Interior, acting by and through the Administrator, as authorized in this Act and any other Act relating to the Federal Columbia River transmission system, subject to such limitations as may be prescribed by any applicable appropriation act effective during such period as may elapse between their transfer and the approval by the Congress of the first subsequent annual budget program of the Administrator. (b) The Administrator may make expenditures from the fund, which shall have been included in his annual budget submitted to Congress, without further appropriation and without fiscal year limi-88 Stat. 1379tation, but within such specific directives or limitations as may be included in appropriation acts, for any purpose necessary or appropriate to carry out the duties imposed upon the Administrator pursuant to law, including but not limited to— (1) construction, acquisition, and replacement of (i) the transmission system, including facilities and structures appurtenant thereto, and (ii) additions, improvements, and betterments thereto (hereinafter in this Act referred to as “transmission system”); (2) operation, maintenance, repair, and relocation, to the extent such relocation is not provided for under subsection (1) above, of the transmission system; (3) electrical research, development, experimentation, test, and investigation related to construction, operation, and maintenance of transmission systems and facilities; (4) marketing of electric power; (5) transmission over facilities of others and rental, lease, or lease-purchase of facilities; (6) purchase of electric power (including the entitlement of electric plant capability) (i) on a short-term basis to meet temporary deficiencies in electric power which the Administrator is obligated by contract to supply, or (ii) if such purchase has been heretofore authorized or is made with funds expressly appropriated for such purchase by the Congress, or (iii) if to be paid for with funds provided by other entities for such purpose under a trust or agency arrangement; (7) defraying emergency expenses or insuring continuous operation; (8) paying the interest on, premiums, discounts, and expenses, if any, in connection with the issuance of, and principal of all bonds issued under section 13(a) of this Act, including provision for and maintenance of reserve and other funds established in connection therewith; (9) making such payments to the credit of the reclamation fund or other funds as are required by or pursuant to law to be made into such funds in connection with reclamation projects in the Pacific Northwest: Provided, That this clause shall not be construed as permitting the use of revenues for repayment of costs allocated to irrigation at any project except as otherwise expressly authorized by law; (10) making payments to the credit of miscellaneous receipts of the Treasury for all unpaid costs required by or pursuant to law to be charged to and returned to the general fund of the Treasury for the repayment of the Federal investment in the Federal Columbia River Power System from electric power marketed by the Administrator; and (11) acquiring such goods and services, and paying dues and membership fees in such professional, utility, industry, and other societies, associations, and institutes, together with expenses related to such memberships, including but not limited to the acquisitions and payments set forth in the general provisions of the annual appropriations Act for the Department of Interior, as the

Ante, p. 822.

 Administrator determines to be necessary or appropriate in carrying out the purposes of this Act. (c) Moneys heretofore or hereafter appropriated shall be used only for the purposes for which appropriated, and moneys received by the Administrator in trust shall be used only for carrying out such trust.88 Stat. 1380 The provisions of the Government Corporation Control Act (31 U.S.C. 841 et seq.) shall be applicable to the Administrator in the same manner as they are applied to the wholly owned Government corporations named in section 101 of such Act (31 U.S.C. 846), but nothing in the proviso of section 850 of title 31, United States Code, shall be construed as affecting the powers granted in subsection (b) (11) of this section and in sections 2(f), 10(b), and 12(a) of the Bonneville Project

16 USC 832a, 832i, 832k.

Audit, report to Congress.

31 USC 850, 851.

 Act (16 U.S.C. 832 et seq.). (d) Notwithstanding the provisions of sections 105 and 106 of the Government Corporation Control Act, the financial transactions of the Administrator shall be audited by the Comptroller General at such times and to such extent as the Comptroller General deems necessary, and reports of the results of each such audit shall be made to the Congress within 6½ months following the end of the fiscal year covered by the audit.
investment of excess funds
Sec. 12. (a) If

16 USC 838j.

 the Administrator determines that moneys in the fund are in excess of current needs he may request the investment of such amounts as he deems advisable by the Secretary of the Treasury in direct, general obligations of, or obligations guaranteed as to both principal and interest by, the United States of America. (b) With the approval of the Secretary of the Treasury, the Administrator may deposit moneys of the fund in any Federal Reserve bank or other depository for funds of the United States of America, or in such other banks and financial institutions and under such terms and conditions as the Administrator and the Secretary of the Treasury may mutually agree.
revenue bonds
Sec. 13. (a) The

Sale and issuance.

16 USC 838k.

 Administrator is authorized to issue and sell to the Secretary of the Treasury from time to time in the name and for and on behalf of the Bonneville Power Administration bonds, notes, and other evidences of indebtedness (in this Act collectively referred to as “bonds”) to assist in financing the construction, acquisition, and replacement of the transmission system, and to issue and sell bonds to refund

Terms and conditions.

 such bonds. Such bonds shall be in such forms and denominations, bear such maturities, and be subject to such terms and conditions as may be prescribed by the Secretary of the Treasury taking into account terms and conditions prevailing in the market for similar bonds, the useful life of the facilities for which the bonds are issued, and financing practices of the utility industry. Refunding provisions may

Interest rate, determination.

 be prescribed by the Administrator. Such bonds shall bear interest at a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities, plus an amount in the judgment of the Secretary of the Treasury to provide for a rate comparable to the rates prevailing in the market for

Limitation.

 similar bonds. The aggregate principal amount of any such bonds outstanding at any one time shall not exceed $1,250,000,000. (b) The principal of, premiums, if any, and interest on such bonds shall be payable solely from the Administrator’s net proceeds as hereinafter

“Net proceeds.”

 defined. “Net proceeds” shall mean for the purposes of this section the remainder of the Administrator’s gross receipts from all sources after first deducting trust funds and the costs listed in section 11(b) (2) through 11(b) (7) and 11(b) (11), and shall include reserve or other funds created from such receipts. 88 Stat. 1381 (c) The Secretary of the Treasury shall purchase forthwith any

Bonds, purchase.

31 USC 774.

 bonds issued by the Administrator under this Act and for that purpose is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, as now or hereafter in force, and the purposes for which securities may be issued under the Second Liberty Bond Act, as now or hereafter in force, are extended to include any purchases of the bonds issued by the Administrator under this Act, The Secretary of the Treasury may, at any time, sell any of the bonds acquired by him under this Act. All redemptions, purchases, and sales by the Secretary of the Treasury of such bonds shall be treated as public debt transactions of the United States.
Approved October 18, 1974.
Public Law 93–455: To amend the Military Personnel and Civilian Employees’ Claims Act of 1964, as amended, with respect to the settlement of claims against the United States by members of the uniformed services and civilian officers and employees for damage to, or loss of, personal property incident to their service. Public Law 455 Public Law 93–455 88 Stat. 1381 1974-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public Public Law 93–455
An Act To amend the Military Personnel and Civilian Employees’ Claims Act of 1964, as amended, with respect to the settlement of claims against the United States by members of the uniformed services and civilian officers and employees for damage to, or loss of, personal property incident to their service.

October 18, 1974

[H. R. 7135]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Uniformed services.

Claims settlement.
That (a) section 3(a)(1) of the Military Personnel and Civilian Employees’ Claims Act of 1964, as amended (78 Stat. 767, as amended; 31 U.S.C. 241 (a)(1)), is amended by striking out “$10,000“ and inserting in place thereof “$15,000”, and (b) Section 3(b)(1) of the Military Personnel and Civilian Employees’ Claims Act of 1964, as amended (78 Stat. 767, as amended; 31 U.S.C. 241 (b)(1) ), is amended to read as follows: “(b) (1) Subject to any policies the President may prescribe to effectuate

Non-military departments.

 the purposes of this subsection and under such regulations as the head of an agency, other than a military department, the Secretary of Transportation with respect to the Coast Guard, or the Department of Defense, may prescribe, he or his designee may settle and pay a claim arising after the effective date of this Act against the United States for not more than $15,000 made by a member of the uniformed services under the jurisdiction of that agency or by a civilian officer or employee of that agency, for damage to, or loss of, personal property incident to his service. If the claim is substantiated and the possession of that property is determined to be reasonable, useful, or proper under the circumstances, the claim may be paid or the property replaced in kind. This subsection does not apply to claims settled before its enactment.”
Sec. 2. The amendments provided in this Act shall apply to claims

31 USC 241 note.

 based upon losses of personal property which occur after the effective date of this Act.
Approved October 18, 1974.
Public Law 93–456: To direct the Secretary of Agriculture to release on behalf of the United States conditions in a deed conveying certain lands to the State of New York and to provide for the conveyance of certain interests in such lands so as to permit such State, subject to certain conditions, to sell such land. Public Law 456 Public Law 93–456 88 Stat. 1382 1974-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public 88 Stat. 1382 Public Law 93–456
An Act To direct the Secretary of Agriculture to release on behalf of the United States conditions in a deed conveying certain lands to the State of New York and to provide for the conveyance of certain interests in such lands so as to permit such State, subject to certain conditions, to sell such land.

October 18, 1974

[H. R. 7954]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

State of New York.

Land conveyance.

That, notwithstanding the provisions of section 32(c) of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(c)), the Secretary of Agriculture is authorized and directed to release, on behalf of the United States, with respect to the following described land, the condition in a deed dated January 28, 1961, between the United States and the State of New York, conveying certain lands in Allegany County in the State of New York to the State of New York, of which such described land is a part, which requires that the lands so conveyed be use 1 for public purposes and provides for a reversion of such land to the United States if at any time it ceases to be so used:

A

Description.

parcel or tract of land consisting of approximately .42 acre, being a portion of the lands conveyed by such deed dated January 28, 1961, being in the town of New Hudson, county of Allegany, State of New York, being part of lot 47 in such town which begins at the southwest corner of the existing cemetery lot; thence south on a line that is the continuation of the west line of said existing cemetery lot a distance of 100 feet to a point; thence east and parallel to the south line of said existing cemetery lot a distance of 185 feet to a point on the continuation of the east line of said existing cemetery lot; thence north along the said continuation of said east line a distance of 100 feet to the southeast corner of said existing cemetery lot; thence west along the south line of said existing cemetery lot a distance of 185 feet to the place of beginning.
Sec. 2. The

Release of conditions.

 Secretary shall release the condition referred to in the first section of this Act only with respect to land covered by and described in any agreement or agreements entered into between the Secretary of Agriculture and the State of New York in which such State in consideration of the release of such conditions as to such land, agrees to convey the land with respect to which such condition is released to the Bellville Cemetery Association for a fair and equitable consideration.
Sec. 3. Upon

Mineral interests.

 application all the undivided mineral interests of the United States in any parcel or tract of land, released pursuant to this Act from the condition as to such lands, shall be conveyed to the State of New York for the use and benefit of the State by the Secretary of the Interior. In areas where the Secretary of the Interior determines that there is no active mineral development or leasing, and that the lands have no mineral value, the mineral interests covered by a single application

Fair market value.

 shall be sold for a consideration of $1. In other areas the mineral interests shall be sold at the fair market value thereof as determined by the Secretary of the Interior after taking into consideration such appraisals as he deems necessary or appropriate.
Sec. 4. The

Deposit.

 Secretary of the Interior shall require the deposit of a sum of money which he deems sufficient to cover estimated administrative costs of this Act. If a conveyance is, or is not made pursuant to this Act, and the administrative costs exceed the deposit, the Secretary shall bill the applicant for the outstanding amount, but if the amount of the deposit exceeds the actual administrative costs, the Secretary shall refund the excess.
88 Stat. 1383
Sec. 5. The term “administrative costs” as used in this Act includes,

“Administrative costs”

 in addition to other items, all costs which the Secretary of the Interior determines are included in a determination of (1) the mineral character of the land in question, and (2) the fair market value of the mineral interest.
Sec. 6. Amounts paid to the Secretary of the Interior under the provisions of this Act shall be paid into the Treasury of the United States as miscellaneous receipts.
Approved October 18, 1974.
Public Law 93–457: To amend the Act entitled “An Act to authorize the Secretary of Agriculture to execute a subordination agreement with respect to certain lands in Lee County, South Carolina”. Public Law 457 Public Law 93–457 88 Stat. 1383 1974-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public Public Law 93–457
An Act To amend the Act entitled “An Act to authorize the Secretary of Agriculture to execute a subordination agreement with respect to certain lands in Lee County, South Carolina”.

October 18, 1974

[H. R. 9054]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Board of Education, Lee County, S.C. Lands.
That the Act entitled “An Act to authorize and direct the Secretary of Agriculture to execute a subordination agreement with respect to certain lands in Lee County, South Carolina”, approved November 6, 1969 (83 Stat. 183), is amended— (1) by striking out “an agreement subordinating” and inserting in lieu thereof “a quitclaim deed conveying and releasing”; (2) by striking out “is” and inserting in lieu thereof “and the Secretary of the Interior are”; (3) by striking out “288” and inserting in lieu thereof “228”; and (4) by adding a new sentence at the end thereof as follows: “The Secretary of Agriculture and the Secretary of the Interior are further authorized, in their discretion, to execute and deliver to the Board of Education of Lee County, South Carolina, its successors and assigns, a quitclaim deed or deeds conveying and releasing all right, title, and interest of the Ignited States of America in and to one or more parcels numbered 1, more particularly described in the above-mentioned deed dated December 14, 1945, and numbered 7, 9, and 11, more particularly described in the above-mentioned deed dated July 15, 1946, upon documentation satisfactory to said Secretaries that buildings, facilities, or improvements for educational or other related community purposes are planned for the parcels involved.”.
Approved October 18, 1974.
Public Law 93–458: To declare that certain federally owned lands shall be held by the United States in trust for the Kootenai Tribe of Idaho, and for other purposes. Public Law 458 Public Law 93–458 88 Stat. 1383 1974-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public Public Law 93–458
An Act To declare that certain federally owned lands shall be held by the United States in trust for the Kootenai Tribe of Idaho, and for other purposes.

October 18, 1974

[S. 634]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Indians.

Kootenai Tribe of Idaho.

Lands in trust.

That, subject to valid existing rights, all of the right, title, and interest of the United States in the following described tracts of land, and the improvements thereon, that were acquired and that are now administered by the Secretary of the Interior for the benefit of the Kootenai Tribe of Idaho,88 Stat. 1384 are hereby declared to be held by the United States in trust for said tribe:

Tract Numbered 1. Part of lot 3 in section 20, township 62 north, range 1 east, Boise meridian. Boundary County, Idaho, described as follows: Beginning at a point 20 rods south and 20 rods west of the northeast corner of lot 3, section 20, thence west 20 rods, thence south 20 rods, thence east 20 rods, thence north 20 rods to place of beginning, containing 2.50 acres, more or less.

Tract Numbered 2. That part of lot numbered 3 in section 20, township 62 north, range 1 east, Boise meridian. Boundary County, Idaho, described as follows: Beginning at a point 20 rods south of the northeast corner of lot 3, thence west 20 rods, thence south 20 rods, thence west 10 rods, thence south 40 rods, thence east 30 rods, thence north 60 rods, to place of beginning, containing 10.00 acres, more or less.
Sec. 2. The

Administration.

 above-described property shall be administered in accordance with the laws and regulations applicable to Indian tribal trust property.
Sec. 3. The

Claims offset against U.S.

25 USC 70a.

 Indian Claims Commission is directed to determine in accordance with the provisions of the Act of August 13, 1946 (60 Stat. 1050), the extent to which value of the title conveyed should or should not be set off against any claim against the United States determined by the Commission.
Approved October 18, 1974.
Public Law 93–459: To amend section 308 of title 44, United States Code, relating to the disbursing officer, deputy disbursing officer, and certifying officers and employees of the Government Printing Office. Public Law 459 Public Law 93–459 88 Stat. 1384 1974-10-20 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public Public Law 93–459
An Act To amend section 308 of title 44, United States Code, relating to the disbursing officer, deputy disbursing officer, and certifying officers and employees of the Government Printing Office.

October 20, 1974

[S. 1794]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Government Printing Office.
That (a) section

Government Printing Office.

44 USC 308.

 308 of title 44, United States Code, is amended to read as follows:
“§ 308. Disbursing officer; deputy disbursing officer; certifying officers and employees “(a) The Public Printer shall appoint from time to time a disbursing officer of the Government Printing Office (including the Office of the Superintendent of Documents) who shall be under the direction of the Public Printer. The disbursing officer shall (1) disburse moneys of the Government Printing Office only upon, and in strict accordance with, vouchers certified by the Public Printer or by an officer or employee of the Government Printing Office authorized in writing by the Public Printer to certify such vouchers, (2) make such examination of vouchers as may be necessary to ascertain whether they are in proper form, certified, and approved, and (3) be held accountable accordingly. However, the disbursing officer shall not be held accountable or responsible for any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate, the responsibility for which, under subsection (c) of this section, is imposed upon a certifying officer or employee of the Government Printing Office. 88 Stat. 1385 “(b) (1) Upon the death, resignation, or separation from office of the disbursing officer, his accounts may be continued, and payments and collection may be made in his name, by any individual designated as a deputy disbursing officer by the Public Printer, for a period of time not to extend beyond the last day of the second month following the month in which the death, resignation, or separation occurred. Accounts and payments shall be allowed, audited, and settled, and checks signed in the name of the former disbursing officer by a deputy disbursing officer shall be honored in the same manner as if the former disbursing officer had continued in office. “(2) A former disbursing officer of the Government Printing Office or his estate may not be subject to any legal liability or penalty for the official accounts or defaults of the deputy disbursing officer acting in the name or in the place of the former disbursing officer. Each deputy disbursing officer is responsible for accounts entrusted to him under paragraph (1) of this subsection, and the deputy disbursing officer is liable for any default occurring during his service under such paragraph. “(c) (1) The Public Printer may designate in writing officers and employees of the Government Printing Office to certify vouchers for payment from appropriations and funds. Such officers and employees shall (A) be responsible for the existence and correctness of the facts recited in the certificate or other voucher or its supporting papers and for the legality of the proposed payment under the appropriation or fund involved, (B) be responsible and accountable for the correctness of the computations of certified vouchers, and (C) be accountable for, and required to make restitution to, the United States for the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate made by him, as well as for any payment prohibited by law or which did not represent a legal obligation under the appropriation or fund involved. However, the Comptroller General of the United States, may, at his discretion, relieve such certifying officer or employee of liability for any payment otherwise proper whenever he finds that (i) the certification was based on the official records and that such certifying officer or employee did not know, and by reasonable diligence and inquiry could not have ascertained, the actual facts, or (ii) when the obligation was incurred in good faith, the payment was not contrary to any statutory provision specifically prohibiting payments of the character involved, and the United States has received value for such payment. The Comptroller General shall relieve such certifying officer or employee of liability for an overpayment for transportation services made to any common carrier covered by section 66 of title 49, whenever he finds that the overpayment occurred solely because the administrative examination made prior to payment of the transportation bill did not include a verification of transportation rates, freight classifications, or land grant deductions. “(2) The liability of such certifying officers or employees shall be

Liability.

 enforced in the same manner and to the same extent as provided by law with respect to the enforcement of the liability of disbursing and other accountable officers. Such certifying officers and employees shall have the right to apply for and obtain a decision by the Comptroller General on any question of law involved in a payment on any vouchers presented to them for certification.”.
(b) Item 308 contained in the analysis of chapter 3 of such title 44 is amended to read as follows: “308.
Approved October 20, 1974.
Public Law 93–460: To amend the International Claims Settlement Act of 1949, as amended, to provide for the timely determination of certain claims of American nationals settled by the United States-Hungarian Claims Agreement of March 6, 1973, and for other purposes. Public Law 460 Public Law 93–460 88 Stat. 1386 1974-10-20 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public 88 Stat. 1386 Public Law 93–460
An Act To amend the International Claims Settlement Act of 1949, as amended, to provide for the timely determination of certain claims of American nationals settled by the United States-Hungarian Claims Agreement of March 6, 1973, and for other purposes.

October 20, 1974

[H. R. 13261]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

International Claims Settlement Act of 1949, amendments.

22 USC 1621 note.

Claims funds.

22 USC 1641a.
That the International Claims Settlement Act of 1949, as amended, is further amended as follows: (1) Section 302, title III, is amended by adding a new subsection (c) as follows: “(c) The Secretary of the Treasury shall cover into the Hungarian Claims Fund, such sums as may be paid to the United States by the Government

24 UST 522.

 of Hungary pursuant to the terms of the United States-Hungarian Claims Agreement of March 6, 1973.”. (2) Section

22 USC 1641b.

 303, title III, is further amended by striking out the word “and” at the end of paragraph (3), and by striking out the period at the end of paragraph (4) and inserting in lieu thereof a semicolon and the word “and”. (3) Section

Claims of U.S. nationals.

 303, title III, is further amended by adding a new paragraph (5) as follows: “(5) pay effective compensation for the nationalization, compulsory liquidation, or other taking of property of nationals of the United States in Hungary, between August 9, 1955, and the date the United States-Hungarian Claims Agreement of March 6, 1973, enters into force.”. (4) Section

Filing of claims, time limit; notice.

22 USC 1641e.

 306, title III, is further amended— (A) by inserting in subsection (a), immediately before “this title”, the following: “paragraph (1), (2), or (3) of section 303 of”; and (B) by adding at the end thereof the following: “(c) Within thirty days after enactment of this subsection, or thirty days after enactment of legislation making appropriations to the Commission for payment of administrative expenses incurred in carrying out its functions under paragraph (5) of section 303, whichever date

Publication in Federal Register.

 is later, the Commission shall publish in the Federal Register the time when, and the limit of time within which, claims may be filed with the Commission under paragraph (5) of section 303, which limit shall not be more than six months after such publication. “(d) Notwithstanding any other provision of this section, any national of the United States who was mailed notice by any department or agency of the Government of the United States with respect to filing a claim against the Government of Hungary arising out of any of the failures referred to in paragraph (1), (2), or (3) of section 303 of this title, and who did not receive the notice as the result of administrative error in placing a nonexistent address on the notice, may file with

Publication in Federal Register.

 the Commission a claim under any such paragraph. The Commission shall publish in the Federal Register, within thirty days after enactment of this paragraph, when the limit of time within which any such claim may be filed with the Commission, which limit shall not be more than six months after such publication.”. (5) Section

Payment of awards.

22 USC 1641i.

 310, title III, is further amended by adding at the end of subsection (a) thereof a new paragraph (7), as follows: “(7) (A) Except as otherwise provided in subparagraph (D), whenever the Commission is authorized to settle claims by enactment of paragraph (5) of section 303 of this title with respect to Hungary, no further payments shall be authorized by the Secretary of the88 Stat. 1387 Treasury on account of awards certified by the Commission under paragraphs (2) and (3) of section 303 out of the Hungarian Claims

22 USC 1641b.

 Fund until payments on account of awards certified under paragraph (6) of section 303 with respect to such fund have been authorized in equal proportions to payments previously authorized on existing awards certified under paragraphs (2) and (3) of section 303. “(B) Except as otherwise provided in subparagraph (D), with respect to awards previously certified under paragraph (1) of section 303, the Secretary of the Treasury shall not authorize any further payments until payments on account of awards certified under paragraphs (2), (3), and (5) of section 303 have been authorized in equal proportions to payments previously authorized on existing awards certified under paragraph (1) of section 303. “(C) Except as otherwise provided in subparagraph (D), the Secretary of the Treasury shall not authorize any further payments on account of awards certified under paragraph (3) of section 303 based on Kingdom of Hungary bonds expressed in United States dollars or upon awards to Standstill creditors of Hungary that were the subject matter of the agreement of December 5, 1969, between the Government of Hungary and the American Committee for Standstill creditors of Hungary. “(D) No payments shall be authorized by the Secretary of the Treasury on account of awards certified by the Commission under paragraph (5) of section 303 of this title, and no further payments shall be so authorized under paragraphs (1), (2), or (3) of section 303 (except payments certified as the result of claims filed under subsection (d) of section 306), until payments on account of awards certified

22 USC 1641e.

 under such paragraphs (1), (2), and (3) as the result of a claims filed under subsection (d) of section 306 have been authorized in equal proportions to payments previously authorized on existing awards certified under such paragraphs and arising out of claims filed other than under such subsection (d). “(E) The Secretary of the Treasury is authorized and directed to

Payment of U.S. claim.

 deduct the sum of $125,000 from the Hungarian Claims Fund and cover such amount into the Treasury to the credit of miscellaneous receipts in satisfaction of the claim of the United States referred to in article 2, paragraph 4 of the United States-Hungarian Claims

24 UST 522.

 Agreement of March 6, 1973, Such amount shall be deducted in annual installments over the period during which the Government of Hungary makes payments to the Government of the United States as provided in article 4 of the agreement.”. (6) Section 316, title III, is amended by adding a new subsection

22 USC 1641o.

 (c) as follows: “(c) The Commission shall complete its affairs in connection with the settlement of claims pursuant to paragraph (5) of section 303 of this title not later than two years following the deadline established under subsection (c) of section 806 of this title.”.
Approved October 20, 1974.
Public Law 93–461: To repeal the “cooly trade” laws. Public Law 461 Public Law 93–461 88 Stat. 1387 1974-10-20 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public Public Law 93–461
An Act To repeal the “cooly trade” laws.

October 20, 1974

[S. 2220]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

“Cooly trade” laws, repeal.
That sections 2158–2163, Revised Statutes, and sections 1, 2, and 4 of the Act of March 3, 1875 (ch. 141, 18 Stat. 477) (8 U.S.C. 331–339), are hereby repealed.
Approved October 20, 1974.
Public Law 93–462: To authorize the disposition of certain office equipment and furnishings, and for other purposes. Public Law 462 Public Law 93–462 88 Stat. 1388 1974-10-20 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public 88 Stat. 1388 Public Law 93–462
An Act To authorize the disposition of certain office equipment and furnishings, and for other purposes.

October 20, 1974

[H. R. 9075]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Members of Congress.

District office equipment, purchase.

2 USC 59a.
That (a) notwithstanding any other provision of law, a Member may purchase, upon leaving office or otherwise ceasing to be a Member (except by expulsion), any item or items of office equipment or office furnishings provided by the General Services Administration and then currently located and in use in an office of such Member in the district then represented by such Member. (b) Each purchase of equipment or furnishings under subsection (a) of this section shall be— (1) in accordance with regulations which shall be prescribed by the Committee on House Administration, after consultation with the General Services Administration; and (2) at a price equal to the acquisition cost to the Federal Government of the equipment or furnishings so purchased, less allowance for depreciation determined under such regulations, but in no instance less than the fair market value of such items. (c) Amounts received by the Federal Government from the sale of items of office equipment or office furnishings under this section shall be remitted to the General Services Administration and credited to the appropriate account or accounts. (d) For the purposes of this section— (1) “Member”

“Member.”

 means a Member of, Delegate to, or Resident Commissioner in, the House of Representatives; and (2) “district”

“District.”

 means a congressional district, the District of Columbia (with respect to any office of the Delegate from the District of Columbia situated at any place in the District other than at the United States Capitol), the Virgin Islands, Guam, Puerto Rico, and, in the case of a Representative at Large, a State.
Sec. 2. (a) Notwithstanding

2 USC 59b.

 any other provision of law, a United States Senator may purchase, upon leaving office or otherwise ceasing to be a Senator (except by expulsion), any item or items of office equipment or office furnishings provided by the General Services Administration and then currently located and in use in an office of such Senator in the State then represented by such Senator. (b) At the request of any United States Senator, the Sergeant at Arms of the Senate shall arrange for and make the purchase of equipment and furnishings under subsection (a) of this section on behalf of such Senator. Each such purchase shall be— (1) in accordance with regulations which shall be prescribed by the Committee on Rules and Administration of the Senate, after consultation with the General Services Administration; and (2) at a price equal to the acquisition cost to the Federal Government of the equipment or furnishings so purchased, less allowance for depreciation determined under such regulations, but in no instance less than the fair market value of such items. (c) Amounts received by the Federal Government from the sale of items of office equipment or office furnishings under this section shall be remitted to the General Services Administration and credited to the appropriate account or accounts.
Approved October 20, 1974.
Public Law 93–463: To amend the Commodity Exchange Act to strengthen the regulation of futures trading, to bring all agricultural and other commodities traded on exchanges under regulation, and for other purposes. Public Law 463 Public Law 93–463 88 Stat. 1389 1974-10-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public 88 Stat. 1389 Public Law 93–463
An Act To amend the Commodity Exchange Act to strengthen the regulation of futures trading, to bring all agricultural and other commodities traded on exchanges under regulation, and for other purposes.

October 23, 1974

[H. R. 13113]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Commodity Futures Trading Commission Act of 1974.

7 USC 4a note.
That this Act may be cited as the “Commodity Futures Trading Commission Act of 1974”.
<num value="I">TITLE I—</num> <heading class="inline">COMMODITY FUTURES TRADING COMMISSION</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <subsection class="inline"><num value="a">(a) </num> <chapeau>Section 2(a) of the Commodity Exchange Act, as amended (7 U.S.C. 2,4), is amended—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>By inserting “<quotedText>(1)</quotedText>” after the subsection designation.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>By striking the last sentence of section 2(a) and inserting in lieu thereof the following new sentence: “<quotedText>The words ‘the Commission’ shall mean the Commodity Futures Trading Commission established under paragraph (2) of this subsection.</quotedText>”</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>By adding at the end thereof the following new<sidenote><p class="indent0 firstIndent0 fontsize8">Commodity Futures Trading Commission.</p><p class="indent0 firstIndent0 fontsize8">Establishment.</p><p class="indent0 firstIndent0 fontsize8">Chairman and Commissioners.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s4a">7 USC 4a</ref>.</p></sidenote> paragraphs: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>There is hereby established, as an independent agency of the United States Government, a Commodity Futures Trading Commission. The Commission shall be composed of a Chairman and four other Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. In nominating persons for appointment, the President shall seek to establish and maintain a balanced Commission, including, but not limited to, persons of demonstrated knowledge in futures trading or its regulation and persons of demonstrated knowledge in the production, merchandising, processing or distribution of one or more of the commodities or other goods and articles, services, rights and interests covered by this Act. Not more than three of the members of the Commission shall be members of the same political party. Each Commissioner shall hold office for a term of five years and until his successor is appointed and has qualified, except that he shall not so continue to serve beyond the expiration of the next session of Congress subsequent to the expiration of said fixed term of office, and except (A) any Commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (B) the terms of office of the Commissioners first taking office after the enactment of this paragraph shall expire as designated by the President at the time of nomination, one at the end of one year, one at the end of two years, one at the end of three years, one at the end of four years, and one at the end of five years.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>The Commission shall have a General Counsel, who shall be<sidenote><p class="indent0 firstIndent0 fontsize8">General Counsel.</p></sidenote> appointed by the Commission and serve at the pleasure of the Commission. The General Counsel shall report directly to the Commission and serve as its legal advisor. The Commission shall appoint such other attorneys as may be necessary, in the opinion of the Commission, to assist the General Counsel, represent the Commission in all disciplinary proceedings pending before it, represent the Commission in courts of law whenever appropriate, assist the Department of Justice in handling litigation concerning the Commission in<page identifier="/us/stat/88/1390">88 <inline class="smallCaps">Stat</inline>. 1390</page> courts of law, and perform such other legal duties and functions as the Commission may direct.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>The<sidenote><p class="indent0 firstIndent0 fontsize8">Executive Director.</p></sidenote> Commission shall have an Executive Director, who shall be appointed by the Commission, by and with the advice and consent of the Senate, and serve at the pleasure of the Commission. The Executive Director shall report directly to the Commission and perform such functions and duties as the Commission may prescribe.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content>Except<sidenote><p class="indent0 firstIndent0 fontsize8">Exercise of functions.</p></sidenote> as otherwise provided in this paragraph and in paragraphs (4) and (5) of this subsection, the executive and administrative functions of the Commission, including functions of the Commission with respect to the appointment and supervision of personnel employed under the Commission, the distribution of business among such personnel and among administrative units of the Commission, and the use and expenditure of funds, shall be exercised solely by the Chairman.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>In carrying out any of his functions under the provisions of this paragraph, the Chairman shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>The appointment by the Chairman of the heads of major administrative units under the Commission shall be subject to the approval of the Commission.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content>Personnel employed regularly and full time in the immediate offices of Commissioners other than the Chairman shall not be affected by the provisions of this paragraph.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content>There are hereby reserved to the Commission its functions with respect to revising budget estimates and with respect to determining the distribution of appropriated funds according to major programs and purposes.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">“(F) </num> <content>The Chairman may from time to time make such provisions as he shall deem appropriate authorizing the performance by any officer, employee, or administrative unit under his jurisdiction of any functions of the Chairman under this paragraph.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">“(7) </num> <content>No<sidenote><p class="indent0 firstIndent0 fontsize8">Conflict of interests.</p></sidenote> Commissioner or employee of the Commission shall accept employment or compensation from any person, exchange, or clearinghouse subject to regulation by the Commission under this Act during his term of office, nor shall he participate, directly or indirectly, in any contract market operations or transactions of a character subject to regulation by the Commission.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">“(8) </num> <content>The<sidenote><p class="indent0 firstIndent0 fontsize8">Liaison with Agriculture Department.</p></sidenote> Commission shall, in cooperation with the Secretary of Agriculture, establish a separate office within the Department of Agriculture to be staffed with employees of the Commission for the purpose of maintaining a liaison between the Commission and the Department of Agriculture. The Secretary shall take such steps as may be necessary to enable the Commission to obtain information and utilize such services and facilities of the Department of Agriculture as may be necessary in order to maintain effectively such liaison. In addition, the Secretary shall appoint a liaison officer, who shall be an employee of the Office of the Secretary, for the purpose of maintaining a liaison between the Department of Agriculture and the Commission. The Commission shall furnish such liaison officer appropriate office space within the offices of the Commission and shall allow such liaison officer to attend and observe all deliberations and proceedings of the Commission.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">“(9)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content>Whenever<sidenote><p class="indent0 firstIndent0 fontsize8">Transmittal of budget requests and legislative recommendations to congressional committees.</p></sidenote> the Commission submits any budget estimate or request to the President or the Office of Management and Budget, it shall concurrently transmit copies of that estimate or request to the House and Senate Appropriations Committees and the House Com-<page identifier="/us/stat/88/1391">88 <inline class="smallCaps">Stat</inline>. 1391</page>mittee on Agriculture and the Senate Committee on Agriculture and Forestry.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>Whenever the Commission transmits any legislative recommendations, or testimony, or comments on legislation to the President or the Office of Management and Budget, it shall concurrently transmit copies thereof to the House Committee on Agriculture and the Senate Committee on Agriculture and Forestry. No officer or agency of the United States shall have any authority to require the Commission to submit its legislative recommendations, or testimony, or comments on legislation to any officer or agency of the United States for approval, comments, or review, prior to the submission of such recommendations, testimony, or comments to the Congress. In instances in which the Commission voluntarily seeks to obtain the comments or review of any officer or agency of the United States, the Commission shall include a description of such actions in its legislative recommendations, testimony, or comments on legislation which it transmits to the Congress.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">“(10) </num> <content>The Commission shall have an official seal, which shall be<sidenote><p class="indent0 firstIndent0 fontsize8">Seal.</p></sidenote> judicially noticed.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="11">“(11) </num> <content>The Commission is authorized to promulgate such rules and<sidenote><p class="indent0 firstIndent0 fontsize8">Rules and regulations.</p></sidenote> regulations as it deems necessary to govern the operating procedures and conduct of the business of the Commission.”</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 12 of the Commodity Exchange Act, as amended (7 U.S.C. 16), is amended by striking such section and inserting in lieu thereof the following: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="12">“<inline class="smallCaps">Sec</inline>. 12. </num> <subsection class="inline"><num value="a">(a) </num> <content>The Commission may cooperate with any Department<sidenote><p class="indent0 firstIndent0 fontsize8">Cooperation with other agencies.</p></sidenote> or agency of the Government, any State, territory, district, or possession, or department, agency, or political subdivision thereof, or any person.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>The Commission shall have the authority to employ such investigators, special experts. Administrative Law Judges, clerks, and other employees as it may from time to time find necessary for the proper performance of its duties and as may be from time to time appropriated for by Congress. The Commission may employ experts<sidenote><p class="indent0 firstIndent0 fontsize8">Experts and consultants.</p></sidenote> and consultants in accordance with section 3109 of title 5 of the United States Code, and compensate such persons at rates not in excess of the maximum daily rate prescribed for GS–18 under section 5332 of title 5 of the United States Code. The Commission shall also have<sidenote><p class="indent0 firstIndent0 fontsize8">Contracts.</p></sidenote> authority to make and enter into contracts with respect to all matters which in the judgment of the Commission are necessary and appropriate to effectuate the purposes and provisions of this Act, including, but not limited to, the rental of necessary space at the seat of Government and elsewhere.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>All of the expenses of the Commissioners, including all necessary<sidenote><p class="indent0 firstIndent0 fontsize8">Expenses.</p></sidenote> expenses for transportation incurred by them while on official business of the Commission, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the Commission.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>There are hereby authorized to be appropriated to carry out<sidenote><p class="indent0 firstIndent0 fontsize8">Appropriation.</p></sidenote> the provisions of this Act such sums as may be required for the fiscal year ending June 30, 1975, for the fiscal year ending June 30, 1976, for the fiscal year ending June 30, 1977, and for the fiscal Year ending June 30, 1978.”</content> </subsection> </section> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <subsection class="inline"><num value="a">(a) </num> <content>Section 5314 of title 5 of the United States Code is<sidenote><p class="indent0 firstIndent0 fontsize8">Salaries.</p></sidenote> amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="60">“(60) </num> <content>Chairman, Commodity Futures Trading Commission<sidenote><p class="indent0 firstIndent0 fontsize8">Chairman.</p></sidenote>.”</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 5315 of title 5 of the United States Code is amended by adding at the end thereof the following new paragraph: <page identifier="/us/stat/88/1392">88 <inline class="smallCaps">Stat</inline>. 1392</page> <quotedContent> <paragraph class="indent1 fontsize10"> <num value="100">“(100) </num> <content>Members,<sidenote><p class="indent0 firstIndent0 fontsize8">Commissioners.</p></sidenote> Commodity Futures Trading Commission.”</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Section 5316 of title 5 of the United States Code is amended by adding at the end thereof the following new paragraphs: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="135">“(135) </num> <content>General<sidenote><p class="indent0 firstIndent0 fontsize8">General Counsel.</p></sidenote> Counsel, Commodity Futures Trading Commission.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="136">“(136) </num> <content>Executive<sidenote><p class="indent0 firstIndent0 fontsize8">Executive Director.</p></sidenote> Director, Commodity Futures Trading Commission.”</content> </paragraph> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <chapeau>The Commodity Exchange Act, as amended, is amended—</chapeau> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>By<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s6">7 USC 6</ref>, <ref href="/us/usc/t7/s6a">6a</ref>, <ref href="/us/usc/t7/s6c">6c</ref>–<ref href="/us/usc/t7/s6g">6g</ref>, <ref href="/us/usc/t7/s6i">6i</ref>, <ref href="/us/usc/t7/s7">7</ref>, <ref href="/us/usc/t7/s7a">7a</ref>, <ref href="/us/usc/t7/s8">8</ref>, <ref href="/us/usc/t7/s9">9</ref>, <ref href="/us/usc/t7/s11">11</ref>, <ref href="/us/usc/t7/s12">12</ref>, <ref href="/us/usc/t7/s12–1">12–1</ref>, <ref href="/us/usc/t7/s12a">12a</ref>, <ref href="/us/usc/t7/s12b">12b</ref>, <ref href="/us/usc/t7/s13b">13b</ref>, <ref href="/us/usc/t7/s16">16</ref>.</p></sidenote> striking the word “<quotedText>Secretary</quotedText>” and the words “<quotedText>Secretary of Agriculture</quotedText>” wherever such words appear therein (except where the words “<quotedText>Secretary of Agriculture</quotedText>” first appear in section 5(a)(7 U.S.C. 7) or where said words would be stricken by subsection (b), (c), or (d) of this section) and by inserting in lieu thereof the word “<quotedText>Commission</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>By<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s7b">7 USC 7b</ref>, <ref href="/us/usc/t7/s8">8</ref>, <ref href="/us/usc/t7/s9">9</ref>, <ref href="/us/usc/t7/s12a">12a</ref>, <ref href="/us/usc/t7/s13a">13a</ref>–<ref href="/us/usc/t7/s13c">13c</ref>.</p></sidenote> striking the words “<quotedText>the Secretary of Agriculture or</quotedText>” wherever they appear in the phrase “<quotedText>the Secretary of Agriculture or the Commission</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>By striking the words “<quotedText>the Secretary of Agriculture, who shall thereupon notify the other members of</quotedText>” from section 6(a) thereof (7 U.S.C. 8).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>By striking “<quotedText>the Secretary of Agriculture (or any person designated by him),</quotedText>” from section 6(b) thereof (7 U.S.C. 15).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>By<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s7a">7 USC 7a</ref>, <ref href="/us/usc/t7/s12">12</ref>, <ref href="/us/usc/t7/s12–1">12–1</ref>, <ref href="/us/usc/t7/s12a">12a</ref>.</p></sidenote> striking the word “<quotedText>he</quotedText>”, “<quotedText>his</quotedText>”, or “<quotedText>He</quotedText>” wherever such word is used therein to refer to the Secretary of Agriculture, and by inserting in lieu thereof the word “<quotedText>it</quotedText>”, “<quotedText>its</quotedText>”, or “<quotedText>It</quotedText>”, respectively.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>By<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s6">7 USC 6</ref>, <ref href="/us/usc/t7/s6g">6g</ref>, <ref href="/us/usc/t7/s6i">6i</ref>, <ref href="/us/usc/t7/s7">7</ref>, <ref href="/us/usc/t7/s7a">7a</ref>, <ref href="/us/usc/t7/s12–1">12–1</ref>.</p></sidenote> striking the words “<quotedText>United States Department of Agriculture</quotedText>” and “<quotedText>Department of Agriculture</quotedText>” wherever they appear therein and by inserting in lieu thereof the word “<quotedText>Commission</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <content>By inserting in section 5(a)(7 U.S.C. 7) after the words “<quotedText>Secretary of Agriculture</quotedText>” where the same first appear therein the words “<quotedText>or the Commission</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <content>All<sidenote><p class="indent0 firstIndent0 fontsize8">Transfer of personnel, property, etc.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s4a">7 USC 4a note</ref>.</p></sidenote> of the personnel of the Commodity Exchange Authority, property, records, and unexpended balance of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with administration of the Commodity Exchange Act shall be transferred to the Commodity Futures Trading Commission upon the effective date of this Act.</content> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <content>Section 8 of the Commodity Exchange Act, as amended (7 U.S.C. 12, 12–1), is amended by adding at the end thereof the following new paragraphs: <quotedContent> <p class="indent0 fontsize10">“The<sidenote><p class="indent0 firstIndent0 fontsize8">Report to Congress.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s12–2">7 USC 12–2</ref>.</p></sidenote> Commission shall submit to the Congress a written report within one hundred and twenty days after the end of each fiscal year detailing the operations of the Commission during such fiscal year. The Commission shall include in such report such information, data, and recommendations for further legislation as it may deem advisable with respect to the administration of this Act and its powers and functions under this Act.</p> <p class="indent0 fontsize10">“The<sidenote><p class="indent0 firstIndent0 fontsize8">Reviews and audits.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s12–3">7 USC 12–3</ref>.</p></sidenote> Comptroller General of the United States shall conduct reviews and audits of the Commission and make reports thereon. For the purpose of conducting such reviews and audits the Comptroller General shall be furnished such information regarding the powers, duties, organizations, transactions, operations, and activities of the Commission as he may require and he and his duly authorized representatives shall, for the purpose of securing such information, have access to and the right to examine any books, documents, papers, or records of the Commission except that in his reports the Comptroller General shall not include data and information which would separately disclose the business transactions of any person and trade secrets<page identifier="/us/stat/88/1393">88 <inline class="smallCaps">Stat</inline>. 1393</page> or names of customers, although such data shall be provided upon request by any committee of either House of Congress acting within the scope of its jurisdiction.”</p> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <content>The Commodity Exchange Act, as amended, is amended<sidenote><p class="indent0 firstIndent0 fontsize8">Complaints.</p></sidenote> by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="14">“<inline class="smallCaps">Sec</inline>. 14. </num> <subsection class="inline"><num value="a">(a) </num> <content>Any person complaining of any violation of any provision<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s18">7 USC 18</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s6d">7 USC 6d</ref>, <ref href="/us/usc/t7/s6e">6e</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Post,</i> pp. 1397, 1398.</p></sidenote> of this Act or any rule, regulation, or order thereunder by any person registered under section 4d, 4e, 4k, or 4m of this Act may, at any time within two years after the cause of action accrues, apply to the Commission by petition, which shall briefly state the facts, whereupon, if, in the opinion of the Commission, the facts therein contained warrant such action, a copy of the complaint thus made shall be forwarded by the Commission to the respondent, who shall be called upon to satisfy the complaint, or to answer it in writing, within a reasonable time to be prescribed by the Commission.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>If there appear to be, in the opinion of the Commission, any<sidenote><p class="indent0 firstIndent0 fontsize8">Investigation and hearing.</p></sidenote> reasonable grounds for investigating any complaint made under this section, the Commission shall investigate such complaint and may, if in its opinion the facts warrant such action, have said complaint served by registered mail or by certified mail or otherwise on the respondent and afford such person an opportunity for a hearing thereon before an Administrative Law Judge designated by the Commission in any place in which the said person is engaged in business: <proviso><i>Provided,</i> That in complaints wherein the amount claimed as damages does not exceed the sum of $2,500, a hearing need not be held and proof in support of the complaint and in support of the respondent’s answer may he, supplied in the form of depositions or verified statements of fact.</proviso></content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>After opportunity for hearing on complaints where the damages claimed exceed the sum of $2,500 has been provided or waived and on complaints where damages claimed do not exceed the sum of $2,500 not requiring hearing as provided herein, the Commission shall determine whether or not the respondent has violated any provision of this Act or any rule, regulation, or order thereunder.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>In case a complaint is made by a nonresident of the United<sidenote><p class="indent0 firstIndent0 fontsize8">Nonresidents of U.S., bonds.</p></sidenote> States, the complainant shall be required, before any formal action is taken on his complaint, to furnish a bond in double the amount of the claim conditioned upon the payment of costs, including a reasonable attorney’s fee for the respondent if the respondent shall prevail, and any reparation award that may be issued by the Commission against the complainant on any counterclaim by respondent: <proviso><i>Provided,</i> That the Commission shall have authority to waive the furnishing of a bond by a complainant who is a resident of a country which permits the filing of a complaint by a resident of the United States without the furnishing of a bond.</proviso></content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content>If after a hearing on a complaint made by any person under<sidenote><p class="indent0 firstIndent0 fontsize8">Reparation.</p></sidenote> subsection (a) of this section, or without hearing as provided in subsections (b) and (c) of this section, or upon failure of the party complained against to answer a complaint duly served within the time prescribed, or to appear at a hearing after being duly notified, the Commission determines that the respondent has violated any provision of this Act, or any rule, regulation, or order thereunder, the Commission shall, unless the offender has already made reparation to the person complaining, determine the amount of damage, if any, to which such person is entitled as a result of such violation and shall make an order directing the offender to pay to such person complaining such amount on or before the date fixed in the order. If, after the respondent has filed his answer to the complaint, it appears therein that the respondent has admitted liability for a portion of the amount claimed in the complaint as damages, the Commission under such<page identifier="/us/stat/88/1394">88 <inline class="smallCaps">Stat</inline>. 1394</page> rules and regulations as it shall prescribe, unless the respondent has already made reparation to the person complaining, may issue an order directing the respondent to pay to the complainant the undisputed amount on or before the date fixed in the order, leaving the respondent’s liability for the disputed amount for subsequent determination. The remaining disputed amount shall be determined in the same manner and under the same procedure as it would have been determined if no order had been issued by the Commission with respect to the undisputed sum.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <content>If<sidenote><p class="indent0 firstIndent0 fontsize8">Enforcement of reparation award.</p></sidenote> any person against whom an award has been made does not pay the reparation award within the time specified in the Commission’s order, the complainant, or any person for whose benefit such order was made, within three years of the date of the order, may file a certified copy of the order of the Commission, in the district court of the United States for the district in which he resides or in which is located the principal place of business of the respondent, for enforcement of such reparation award by appropriate orders. The orders, writs, and processes of such district court may in such case run, be served, and be returnable anywhere in the United States. The petitioner shall not be liable for costs in the district court, nor for costs at any subsequent state of the proceedings, unless they accrue upon his appeal. If the petitioner finally prevails, he shall be allowed a reasonable attorney’s fee, to be taxed and collected as a part of the costs of the suit. Subject to the right of appeal under subsection (g) of this section, an order of the Commission awarding reparations shall be final and conclusive.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">“(g) </num> <content>Any<sidenote><p class="indent0 firstIndent0 fontsize8">Appeals.</p></sidenote> order of the Commission entered hereunder shall be reviewable on petition of any party aggrieved thereby, by the United States Court of Appeals for any circuit in which a hearing was held, or if no hearing was held, any circuit in which the appellee is located, under the procedure provided in paragraph (b) of section 6 of this Act. Such appeal shall not be effective unless within 30 days from and after the date of the reparation order the appellant also files with the clerk of the court a bond in double the amount of the reparation awarded against the appellant conditioned upon the payment of the judgment entered by the court, plus interest and costs, including a reasonable attorney’s fee for the appellee, if the appellee shall prevail. Such bond shall be in the form of cash, negotiable securities having a market value at least equivalent to the amount of bond prescribed, or the undertaking of a surety company on the approved list of sureties issued by the Treasury Department of the United States. The appellee shall not be liable for costs in said court. If the appellee prevails, he shall be allowed a reasonable attorney’s fee to be taxed and collected as a part of his costs.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="h">“(h) </num> <content>Unless<sidenote><p class="indent0 firstIndent0 fontsize8">Penalty.</p></sidenote> the registrant against whom a reparation order has been issued shows to the satisfaction of the Commission within fifteen days from the expiration of the period allowed for compliance with such order that he has either taken an appeal as herein authorized or has made payment in full as required by such order, he shall be prohibited from trading on all contract markets and his registration shall be suspended automatically at the expiration of such fifteen-day period until he shows to the satisfaction of the Commission that he has paid the amount therein specified with interest thereon to date of payment: <proviso><i>Provided,</i> That if on appeal the appellee prevails or if the appeal is dismissed the automatic prohibition against trading and suspension of registration shall become effective at the expiration of thirty days from the date of judgment on the appeal, but if the judgment is stayed by a court of competent jurisdiction the suspension shall become effective ten days after the expiration of such stay, unless prior thereto the judgment of the court has been satisfied.</proviso></content> </subsection> <page identifier="/us/stat/88/1395">88 <inline class="smallCaps">Stat</inline>. 1395</page> <subsection class="indent0 fontsize10"> <num value="i">“(i) </num> <content>The provisions of this section shall not become effective until<sidenote><p class="indent0 firstIndent0 fontsize8">Effective date.</p></sidenote> one year after the date of its enactment: <proviso><i>Provided,</i> That claims which arise within nine months immediately prior to the effective date of this section may be heard by the Commission after such one year period.</proviso>”</content> </subsection> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num> <content>The Commodity Exchange Act, as amended, is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="15"><inline class="smallCaps">“Sec</inline>. 15. </num> <content>The<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s19">7 USC 19</ref>.</p></sidenote> Commission shall take into consideration the public interest to be protected by the antitrust laws and endeavor to take the least anticompetitive means of achieving the objectives of this Act, as well as the policies and purposes of this Act, in issuing any order or adopting any Commission rule or regulation, or in requiring or approving any bylaw, rule, or regulation of a contract market or registered futures association established pursuant to section 17 of this Act<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post,</i> p. 1406.</p></sidenote>.”</content> </section> </quotedContent> </content> </section> <num value="II">TITLE II—</num> <heading class="inline">REGULATION OF TRADING AND EXCHANGE ACTIVITIES</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <chapeau>Section 2(a) of the Commodity Exchange Act, as amended (7 U.S.C. 2,4), is amended—</chapeau> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>By striking after the word “<quotedText>eggs,</quotedText>” the word “<quotedText>onions,</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>By striking the period at the end of the third sentence of the section and substituting therefor the following: “, and all other goods and articles, except onions as provided in Public Law 85–839, and all services, rights, and interests in which contracts for future delivery are presently or in the future dealt in: <proviso><i>Provided,</i> That the Commission<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s13–1">7 USC 13–1</ref>.</p><p class="indent0 firstIndent0 fontsize8">Jurisdiction of Commission.</p></sidenote> shall have exclusive jurisdiction with respect to accounts, agreements (including any transaction which is of the character of, or is commonly known to the trade as, an ‘option’, ‘privilege’, ‘indemnity’, ‘bid’, ‘offer’, ‘put’, ‘call’, ‘advance guaranty’, or ‘decline guaranty’), and transactions involving contracts of sale of a commodity for future delivery, traded or executed on a contract market designated pursuant to section 5 of this Act or any other board of trade, exchange, or market, and transactions subject to regulation by the Commission pursuant to section 217 of the Commodity Futures Trading Commission Act of<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s7">7 USC 7</ref>.</p><p class="indent0 firstIndent0 fontsize8"><i>Post,</i> p. 1405.</p><p class="indent0 firstIndent0 fontsize8">SEC and other authorities.</p></sidenote> 1974:</proviso> <proviso><i>And provided further,</i> That, except as hereinabove provided, nothing contained in this section shall (i) supersede or limit the jurisdiction at any time conferred on the Securities and Exchange Commission or other regulatory authorities under the laws of the United States or of any State, or (ii) restrict the Securities and Exchange Commission and such other authorities from carrying out their duties and responsibilities in accordance with such laws. Nothing in this section<sidenote><p class="indent0 firstIndent0 fontsize8">Courts.</p><p class="indent0 firstIndent0 fontsize8">Nonapplicability.</p></sidenote> shall supersede or limit the jurisdiction conferred on courts of the United States or any State.</proviso> Nothing in this Act shall be deemed to govern or in any way be applicable to transactions in foreign currency, security warrants, security rights, resales of installment loan contracts, repurchase options, government securities, or mortgages and mortgage purchase commitments, unless such transactions involve the sale thereof for future delivery conducted on a board of trade.”</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content>Section 2(a) of the Commodity Exchange Act, as amended (7 U.S.C. 2, 4), is amended by adding at the end of paragraph (1) the following new sentences: “The term ‘commodity trading advisor’<sidenote><p class="indent0 firstIndent0 fontsize8">“Commodity trading advisor.”</p></sidenote> shall mean any person who, for compensation or profit, engages in the business of advising others, either directly or through publications or writings, as to the value of commodities or as to the advisability of trading in any commodity for future delivery on or subject to the rules of any contract market, or who for compensation<page identifier="/us/stat/88/1396">88 <inline class="smallCaps">Stat</inline>. 1396</page> or profit, and as part of a regular business, issues or promulgates analyses or reports concerning commodities; but does not include (i) any bank or trust company, (ii) any newspaper reporter, newspaper columnist, newspaper editor, lawyer, accountant, or teacher, (iii) any floor broker or futures commission merchant, (iv) the publisher of any bona fide newspaper, news magazine, or business or financial publication of general and regular circulation including their employees, (v) any contract market, and (vi) such other persons not within the intent of this definition as the Commission may specify by rule, regulation, or order: <proviso><i>Provided,</i> That the furnishing of such services by the foregoing persons is solely incidental to the conduct of their<sidenote><p class="indent0 firstIndent0 fontsize8">“Commodity pool operator.”</p></sidenote> business or profession.</proviso> The term ‘commodity pool operator’ shall mean any person engaged in a business which is of the nature of an investment trust, syndicate, or similar form of enterprise, and who, in connection therewith, solicits, accepts, or receives from others, funds, securities, or property, either directly or through capital contributions, the sale of stock or other forms of securities, or otherwise, for the purpose of trading in any commodity for future delivery on or subject to the rules of any contract market, but does not include such persons not within the intent of this definition as the Commission may specify by rule or regulation or by order.”</content> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <content>The Commodity Exchange Act, as amended, is amended by inserting after section 4i (7 U.S.C. 6i), the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="4j"><inline class="smallCaps">Sec</inline>. 4j.</num> <paragraph class="inline"><num value="1">(1) </num> <content>The<sidenote><p class="indent0 firstIndent0 fontsize8">Trades and executions by floor brokers.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s6j">7 USC 6j</ref>.</p><p class="indent0 firstIndent0 fontsize8">Notice and hearing.</p></sidenote> Commission shall within six months after the effective date of the Commodity Futures Trading Commission Act of 1974, and subsequently when it determines that changes are required, make a determination, after notice and opportunity for hearing, whether or not a floor broker may trade for his own account or any account in which such broker has trading discretion, and also execute a customer’s order for future delivery and, if the Commission determines that such trades and such executions shall be permitted, the Commission shall further determine the terms, conditions, and circumstances under which such trades and such executions shall be conducted: <proviso><i>Provided,</i> That any such determination shall, at a minimum, take into account the effect upon the liquidity of trading of each market:</proviso> <proviso><i>And provided further,</i> That nothing herein shall be construed to prohibit the Commission from making separate determinations for different contract markets when such are warranted in the judgment of the Commission, or to prohibit contract markets from setting terms and conditions more restrictive than those set by the Commission.</proviso></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The<sidenote><p class="indent0 firstIndent0 fontsize8">Trades by futures commission merchants.</p><p class="indent0 firstIndent0 fontsize8">Notice and hearing.</p></sidenote> Commission shall within six months after the effective date of the Commodity Futures Trading Commission Act of 1974, and subsequently when it determines that changes are required, make a determination, after notice and opportunity for hearing, whether or not a futures commission merchant may trade for its own account or any proprietary account, as defined by the Commission, and if the Commission determines that such trades shall be permitted, the Commission shall further determine the terms, conditions, and circumstances under which such trades shall be conducted: <proviso><i>Provided,</i> That any such determination, at a minimum, shall take into account the effect upon the liquidity of trading of each market:</proviso> <proviso><i>And provided further,</i> That nothing herein shall be construed to prohibit the Commission from making separate determinations for different contract markets when such are warranted in the judgment of the Commission, or to prohibit contract markets from setting terms and conditions more restrictive than those set by the Commission.</proviso>”</content> </paragraph> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <subsection class="inline"><num value="a">(a) </num> <content>The Commodity Exchange Act, as amended, is amended by adding the following new section: <page identifier="/us/stat/88/1397">88 <inline class="smallCaps">Stat</inline>. 1397</page> <quotedContent> <section class="firstIndent1 fontsize10"> <num value="4k"><inline class="smallCaps">Sec</inline>. 4k.</num> <paragraph class="inline"><num value="1">(1) </num> <content>It shall be unlawful for any person to be associated<sidenote><p class="indent0 firstIndent0 fontsize8">Associates of futures commission merchants.</p><p class="indent0 firstIndent0 fontsize8">Registration.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s6k">7 USC 6k</ref>.</p></sidenote> with any futures commission merchant or with any agent of a futures commission merchant as a partner, officer, or employee (or any person occupying a similar status or performing similar functions), in any capacity which involves (i) the solicitation or acceptance of customers’ orders (other than in a clerical capacity) or (ii) the supervision of any person or persons so engaged, unless such person shall have registered, under this Act, with the Commission and such registration shall not have expired nor been suspended (and the period of suspension has not expired) or revoked, and it shall be unlawful for any futures commission merchant or any agent of a futures commission merchant to permit such a person to become or remain associated with him in any such capacity if such futures commission merchant or agent knew or should have known that such person was not so registered or that such registration had expired, been suspended (and the period of suspension has not expired) or revoked: <proviso><i>Provided,</i> That any individual who is registered as a floor broker or futures commission merchant (and such registration is not suspended or revoked) need not also register under these provisions.</proviso></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Any such person desiring to be registered shall make application<sidenote><p class="indent0 firstIndent0 fontsize8">Application.</p></sidenote> to the Commission in the form and manner prescribed by the Commission, giving such information and facts as the Commission may deem necessary concerning the applicant. Such person, when registered hereunder, shall likewise continue to report and furnish to the Commission such information as the Commission may require. Such registration shall expire two years after the effective date thereof, and shall be renewed upon application therefor unless the registration has been suspended (and the period of such suspension has not expired) or revoked after notice and hearing as prescribed in section 6(b) of this Act: <proviso><i>Provided,</i> That upon initial registration, the effective period of such registration shall be set by the Commission, not to exceed two years from the effective date thereof and not to be less than one year from the effective date thereof.</proviso>”</content> </paragraph> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 6(b) of the Commodity Exchange Act, as amended (7 U.S.C. 9), is amended by inserting after the words “<quotedText>futures commission merchant</quotedText>” each time those words appear, the following: “<quotedText>or any person associated therewith as described in section 4k of this Act,</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Section 8a(1) of the Commodity Exchange Act, as amended (7 U.S.C. 12a(1)), is amended by inserting after the words “<quotedText>futures commission merchants</quotedText>” the following: “<quotedText>and persons associated therewith as described in section 4k of this Act,</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <subsection class="inline"><num value="a">(a) </num> <content>The Commodity Exchange Act, as amended, is<sidenote><p class="indent0 firstIndent0 fontsize8">Commodity trading advisors and commodity pool operators.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s6l">7 USC 6<i>l</i></ref>.</p></sidenote> amended by adding the following new sections: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="41"><inline class="smallCaps">“Sec</inline>. 41. </num> <chapeau>It is hereby, found that the activities of commodity trading advisors and commodity pool operators are affected with a national public interest in that, among other things—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>their advice, counsel, publications, writings, analyses, and reports are furnished and distributed, and their contracts, solicitations, subscriptions, agreements, and other arrangements with clients take place and are negotiated and performed by the use of the mails and other means and instrumentalities of interstate commerce;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>their advice, counsel, publications, writings, analyses, and reports customarily relate to and their operations are directed toward and cause the purchase and sale of commodities for future delivery on or subject to the rules of contract markets; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>the foregoing transactions occur in such volume as to affect substantially transactions on contract markets.</content> </paragraph> </section> <page identifier="/us/stat/88/1398">88 <inline class="smallCaps">Stat</inline>. 1398</page> <section class="firstIndent1 fontsize10"> <num value="4m"><inline class="smallCaps">“Sec</inline>. 4m. </num> <content>It<sidenote><p class="indent0 firstIndent0 fontsize8">Use of mails and interstate commerce.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s6m">7 USC 6m</ref>.</p></sidenote> shall be unlawful for any commodity trading advisor or commodity pool operator, unless registered under this Act, to make use of the mails or any means or instrumentality of interstate commerce in connection with his business as such commodity trading advisor or commodity pool operator: <proviso><i>Provided,</i> That the provisions of this section shall not apply to any commodity trading advisor who, during the course of the preceding twelve months, has not furnished commodity trading advice to more than fifteen persons and who does not hold himself out generally to the public as a commodity trading advisor.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="4n"><inline class="smallCaps">Sec</inline>. 4n.</num> <paragraph class="inline"><num value="1">(1) </num> <chapeau>Any<sidenote><p class="indent0 firstIndent0 fontsize8">Registration.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s6n">7 USC 6n</ref>.</p></sidenote> commodity trading advisor or commodity pool operator, or any person who contemplates becoming a commodity trading advisor or commodity pool operator, may register under this Act by filing an application with the Commission. Such application shall contain such information, in such form and detail, as the Commission may, by rules and regulations, prescribe as necessary or appropriate in the public interest, including the following:</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>the name and form of organization, including capital structure, under which the applicant engages or intends to engage in business; the name of the State under the laws of which he is organized; the location of his principal business office and branch offices, if any; the names and addresses of all partners, officers, directors, and persons performing similar functions or, if the applicant be an individual, of such individual; and the number of employees;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>the education, the business affiliations for the past ten years, and the present business affiliations of the applicant and of his partners, officers, directors, and persons performing similar functions and of any controlling person thereof;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>the nature of the business of the applicant, including the manner of giving advice and rendering of analyses or reports;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content>the nature and scope of the authority of the applicant with respect to clients’ funds and accounts;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content>the basis upon which the applicant is or will be compensated; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">“(F) </num> <content>such other information as the Commission may require to determine whether the applicant is qualified for registration.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Except as hereinafter provided, such registration shall become effective thirty days after the receipt of such application by the Commission, or within such shorter period of time as the Commission may determine.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>All registrations under this section shall expire on the 30th day of June of each year, and shall be renewed upon application therefor subject to the same requirements as in the case of an original application.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content>Every<sidenote><p class="indent0 firstIndent0 fontsize8">Recordkeeping and reports.</p></sidenote> commodity trading advisor and commodity pool operator registered under this Act shall maintain books and records and file such reports in such form and manner as may be prescribed by the Commission. All such books and records shall be kept for a period of at least three years, or longer if the Commission so directs, and shall be open to inspection by any representative of the Commission or the Department of Justice. Upon the request of the Commission, a registered commodity trading advisor or commodity pool operator shall furnish the name and address of each client, subscriber, or participant, and submit samples or copies of all reports, letters, circulars, memorandums, publications, writings, or other literature or advice distributed to clients, subscribers, or participants, or prospective clients, subscribers, or participants.</content> </subparagraph> <page identifier="/us/stat/88/1399">88 <inline class="smallCaps">Stat</inline>. 1399</page> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>Unless otherwise authorized by the Commission by rule or<sidenote><p class="indent0 firstIndent0 fontsize8">Disclosure.</p></sidenote> regulation, all commodity trading advisors and commodity pool operators shall make a full and complete disclosure to their subscribers, clients, or participants of all futures market positions taken or held by the individual principals of their organization.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>Every commodity pool operator shall regularly furnish statements<sidenote><p class="indent0 firstIndent0 fontsize8">Statements of account.</p></sidenote> of account to each participant in his operations. Such statements shall be in such form and manner as may be prescribed by the Commission and shall include complete information as to the current status of all trading accounts in which such participant has an interest.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content>The Commission is authorized, without hearing, to deny registration<sidenote><p class="indent0 firstIndent0 fontsize8">Denial of registration.</p></sidenote> to any person as a commodity trading advisor or commodity pool operator if such person is subject to an outstanding order under this Act denying to such person trading privileges on any contract market, or suspending or revoking the registration of such person as a commodity trading advisor, commodity pool operator, futures commission merchant, or floor broker, or suspending or expelling such person from membership on any contract market.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">“(7) </num> <chapeau>The Commission after hearing may by order deny registration, revoke or suspend the registration of any commodity trading advisor or commodity pool operator if the Commission finds that such denial, revocation, or suspension is in the public interest and that—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>the operations of such person disrupt or tend to disrupt orderly marketing conditions, or cause or tend to cause sudden or unreasonable fluctuations or unwarranted changes in the prices of commodities;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <chapeau>such commodity trading advisor or commodity pool operator, or any partner, officer, director, person performing similar function or controlling person thereof—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>has within ten years of the issuance of such order been convicted of any felony or misdemeanor involving the purchase or sale of any commodity or security, or arising out of any conduct or practice of such commodity trading advisor or commodity pool operator or affiliated person as a commodity trading advisor or commodity pool operator; or</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>at the time of the issuance of such order, is permanently or temporarily enjoined by order, judgment or decree of any court of competent jurisdiction from acting as a commodity trading advisor, commodity pool operator, futures commission merchant, or floor broker, or as an affiliated person or employee of any of the foregoing, or from engaging in or continuing any conduct or practice in connection with any such activity or in connection with the purchase or sale of commodities or securities; or</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>any partner, officer, or director of such commodity trading advisor or commodity pool operator, or any person performing a similar function or any controlling person thereof is subject to an outstanding order of the Commission denying trading privileges on any contract market to such person, or suspending or revoking the registration of such person as a commodity trading advisor, commodity pool operator, futures commission merchant, or floor broker, or suspending or expelling such person from membership on any contract market.</content> </subparagraph> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="4o"><inline class="smallCaps">Sec</inline>. 4o.</num> <paragraph class="inline"><num value="1">(1) </num> <chapeau>It shall be unlawful for any commodity trading advisor<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s6o">7 USC 6<i>o</i></ref>.</p></sidenote> or commodity pool operator registered under this Act, by use of the mails or any means or instrumentality of interstate commerce, directly or indirectly—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>to employ any device, scheme, or artifice to defraud any client or participant or prospective client or participant; or</content> </subparagraph> <page identifier="/us/stat/88/1400">88 <inline class="smallCaps">Stat</inline>. 1400</page> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>to engage in any transaction, practice, or course of business which operates as a fraud or deceit upon any client or participant or prospective client or participant.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>It shall be unlawful for any commodity trading advisor or commodity pool operator registered under this Act to represent or imply in any manner whatsoever that he has been sponsored, recommended, or approved, or that his abilities or qualifications have in any respect been passed upon by the United States or any agency or officer thereof: <proviso><i>Provided,</i> That this section shall not be construed to prohibit a statement that a person is registered under this Act as a commodity trading advisor or commodity pool operator, if such statement is true in fact and if the effect of such registration is not misrepresented.</proviso>”</content> </paragraph> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 6(b) of the Commodity Exchange Act, as amended (7 U.S.C. 9), is amended by inserting immediately before the words “<quotedText>or as floor broker</quotedText>” each time those words appear, the following: “<quotedText>commodity trading advisor, commodity pool operator,</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Section 8a (1) of the Commodity Exchange Act, as amended (7 U.S.C. 12a(1)), is amended by inserting immediately before the words “<quotedText>and floor brokers</quotedText>” the following: “<quotedText>commodity trading advisors, commodity pool operators.</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <content>The<sidenote><p class="indent0 firstIndent0 fontsize8">Standards and examinations.</p></sidenote> Commodity Exchange Act, as amended, is amended by adding the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="4p"><inline class="smallCaps">“Sec</inline>. 4p. </num> <content>The<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s6p">7 USC 6p</ref>.</p></sidenote> Commission may specify by rules and regulations appropriate standards with respect to training, experience, and such other qualifications as the Commission finds necessary or desirable to insure the fitness of futures commission merchants, floor brokers, and those persons associated with futures commission merchants or floor brokers. In connection therewith, the Commission may prescribe by rules and regulations the adoption of written proficiency examinations to be given to applicants for registration as futures commission merchants, floor brokers, and those persons associated with futures commission merchants or floor brokers, and the establishment of reasonable fees to be charged to such applicants to cover the administration of such examinations. The Commission may further prescribe by rules and regulations that, in lieu of examinations administered by the Commission,<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Post,</i> p. 1406.</p></sidenote> futures associations registered under section 17 of this Act or contract markets may adopt written proficiency examinations to be given to applicants for registration as futures commission merchants, floor brokers, and those persons associated with futures commission merchants or floor brokers, and charge reasonable fees to such applicants to cover the administration of such examinations. Notwithstanding any other provision of this section, the Commission may specify by rules and regulations such terms and conditions as it deems appropriate to protect the public interest wherein exception to any written proficiency examination shall be made with respect to individuals who have demonstrated, through training and experience, the degree of proficiency and skill necessary to protect the interests of the customers of futures commission merchants and floor brokers.”</content> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num> <content>Section<sidenote><p class="indent0 firstIndent0 fontsize8">Contract markets.</p></sidenote> 5 of the Commodity Exchange Act, as amended (7 U.S.C. 7), is amended by adding after subsection (f) thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="g">“(g) </num> <content>When such board of trade demonstrates that transactions for future delivery in the commodity for which designation as a contract market is sought will not be contrary to the public interest.”</content> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num> <chapeau>Section 5a of the Commodity Exchange Act, as amended (7 U.S.C. 7a), is amended—</chapeau> <page identifier="/us/stat/88/1401">88 <inline class="smallCaps">Stat</inline>. 1401</page> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>By inserting after the word “<quotedText>purposes</quotedText>” in subsection (7) the following: “<quotedText>: <i>And provided further,</i> That this subsection shall apply only to futures contracts for those commodities which may be delivered from a warehouse subject to the United States Warehouse Act</quotedText><sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s241">7 USC 241</ref>.</p></sidenote>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>By striking out “<quotedText>and</quotedText>” at the end of subsection (8).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>By striking out the period at the end of subsection (9) and inserting in lieu thereof a semicolon.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>By adding at the end of subsection (9) thereof the following<sidenote><p class="indent0 firstIndent0 fontsize8">Delivery points.</p></sidenote> new subsection: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="10">“(10) </num> <content>permit the delivery of any commodity, on contracts of sale thereof for future delivery, of such grade or grades, at such point or points and at such quality and locational price differentials as will tend to prevent or diminish price manipulation, market congestion, or the abnormal movement of such commodity in interstate commerce. If the Commission after investigation finds that the rules and regulations adopted by a contract market permitting delivery of any commodity on contracts of sale thereof for future delivery, do not accomplish the objectives of this subsection, then the Commission shall notify the contract market of its finding and afford the contract market an opportunity to make appropriate changes in such rules and regulations. If the contract market within seventy-five days of such notification fails to make the changes which in the opinion of the Commission are necessary to accomplish the objectives of this subsection, then the Commission after granting the contract market an opportunity to be heard, may change or supplement such rules and regulations of the contract market to achieve the above objectives: Provided, That any order issued under this paragraph shall not apply to contracts of sale for future delivery in any months in which contracts are currently outstanding and open: <proviso><i>And provided further,</i> That no requirement for an additional delivery point or points shall be promulgated following hearings until the contract market affected has had notice and opportunity to file exceptions to the proposed order determining the location and number of such delivery point or points;</proviso>”.</content> </paragraph> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num> <content>Section 5a of the Commodity Exchange Act, as amended<sidenote><p class="indent0 firstIndent0 fontsize8">Customers’ claims, arbitration.</p></sidenote> (7 U.S.C. 7a), is amended by adding a new subsection (11) as follows: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="11">“(11) </num> <content>provide a fair and equitable procedure through arbitration or otherwise for the settlement of customers’ claims and grievances against any member or employee thereof: Provided, That (i) the use of such procedure by a customer shall be voluntary, (ii) the procedure shall not be applicable to any claim in excess of $15,000, (iii) the procedure shall not result in any compulsory payment except as agreed upon between the parties, and (iv) the term ‘customer’ as used in this subsection shall not include a futures commission merchant or a floor broker; and”.</content> </paragraph> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="210"><inline class="smallCaps">Sec</inline>. 210. </num> <content>Section 5a of the Commodity Exchange Act, as amended<sidenote><p class="indent0 firstIndent0 fontsize8">Commission approval of bylaws, rules, regulations, and resolutions.</p></sidenote> (7 U.S.C. 7a), is amended by inserting the following new subsection (12) as follows: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="12">“(12) </num> <content>except as otherwise provided in this subsection, submit to the Commission for its approval all bylaws, rules, regulations, and resolutions made or issued by such contract market, or by the governing board thereof or any committee thereof which relate to terms and conditions in contracts of sale to be executed on or subject to the rules of such contract market or relate to other trading requirements except those relating to the setting of levels of margin. The Commission shall approve, within thirty days of their receipt unless the Commission notifies the contract<page identifier="/us/stat/88/1402">88 <inline class="smallCaps">Stat</inline>. 1402</page> market of its inability to make such determination within such period of time, such bylaws, rules, regulations, and resolutions upon a determination that such bylaws, rules, regulations, and resolutions are not in violation of the provisions of this Act or the regulations of the Commission and thereafter the Commission shall disapprove, after appropriate notice and opportunity for hearing, any bylaw, rule, regulation, or resolution which the Commission finds at any time is in violation of the provisions of this Act or the regulations of the Commission. The Commission shall specify the terms and conditions under which a contract market may, in an emergency, as defined by the Commission, adopt a temporary rule dealing with trading requirements without prior Commission approval. In the event of such an emergency, as defined by the Commission, requiring immediate action, the contract market by a two-thirds vote of its governing board may place into immediate effect without prior Commission approval a temporary rule dealing with such emergency if it notifies the Commission of such action with a complete explanation of the emergency involved. The Commission may adopt a regulation exempting enumerated types of contract market operational and administrative rules from the requirement that they be submitted to the Commission for its approval.”</content> </paragraph> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="211"><inline class="smallCaps">Sec</inline>. 211. </num> <content>The<sidenote><p class="indent0 firstIndent0 fontsize8">Court action.</p></sidenote> Commodity Exchange Act, as amended, is amended by inserting the following new section immediately after section 6b (7 U.S.C. 13a): <quotedContent> <section class="firstIndent1 fontsize10"> <num value="6c"><inline class="smallCaps">“Sec</inline>. 6c. </num> <content>Whenever<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s13a–1">7 USC 13a–1</ref>.</p></sidenote> it shall appear to the Commission that any contract market or other person has engaged, is engaging, or is about to engage in any act or practice constituting a violation of any provision of this Act or any rule, regulation, or order thereunder, or is restraining trading in any commodity for future delivery, the Commission may bring an action in the proper district court of the United States or the proper United States court of any territory or other place subject to the jurisdiction of the United States, to enjoin such act or practice, or to enforce compliance with this Act, or any rule, regulation or order thereunder, and said courts shall have jurisdiction to entertain such actions: <proviso><i>Provided,</i> That no restraining order or injunction for violation of the provisions of this Act shall be issued ex parte by said court.</proviso> Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond. Upon application of the Commission, the district courts of the United States and the United States courts of any territory or other place subject to the jurisdiction of the United States shall also have jurisdiction to issue writs of mandamus, or orders affording like relief, commanding any person to comply with the provisions of this Act or any rule, regulation, or order of the Commission thereunder, including the requirement that such person take such action as is necessary to remove the danger of violation of this Act or any such rule, regulation, or order: <proviso><i>Provided,</i> That no such writ of mandamus, or order affording like relief, shall be issued ex parte.</proviso> Any action under this section may be brought in the district wherein the defendant is found or is an inhabitant or transacts business or in the district where the act or practice occurred, is occurring, or is about to occur, and process in such cases may be served in any district in which the defendant is an inhabitant or wherever the defendant may be found. In lieu of bringing actions itself pursuant to this section, the Commission may request the Attorney General to bring the action. Where the Commission elects to bring the action, it shall inform the Attorney General of such suit and advise him of subsequent developments.”</content> </section> </quotedContent> </content> </section> <page identifier="/us/stat/88/1403">88 <inline class="smallCaps">Stat</inline>. 1403</page> <section class="firstIndent1 fontsize10"> <num value="212"><inline class="smallCaps">Sec</inline>. 212. </num> <subsection class="inline"><num value="a">(a) </num> <chapeau>Section 6 of the Commodity Exchange Act, as<sidenote><p class="indent0 firstIndent0 fontsize8">Penalties.</p></sidenote> amended (7 U.S.C. 8, 9, 13b, 15), is amended—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>By substituting a comma for the period at the end of the fourth sentence in paragraph (b) and adding thereafter the following: “<quotedText>and may assess such person a civil penalty of not more than $100,000 for each such violation.</quotedText>”</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>By adding in the sixth sentence in paragraph (b), a comma after the word “<quotedText>petition</quotedText>” and inserting thereafter and before the word “<quotedText>praying</quotedText>” the following phrase: “<quotedText>within fifteen days after the notice of such order is given to the offending person.</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>By adding after paragraph (c) thereof the following new paragraph: <quotedContent> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>In determining the amount of the money penalty assessed<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s9a">7 USC 9a</ref>.</p></sidenote> under paragraph (b) of this section, the Commission shall consider, in the case of a person whose primary business involves the use of the commodity futures market—the appropriateness of such penalty to the size of the business of the person charged, the extent of such person’s ability to continue in business, and the gravity of the violation; and in the case of a person whose primary business does not involve the use of the commodity futures market—the appropriateness of such penalty to the net worth of the person charged, and the gravity of the violation. If the offending person upon whom such penalty is imposed, after the lapse of the period allowed for appeal or after the affirmance of such penalty, shall fail to pay such penalty the Commission shall refer the matter to the Attorney General who shall recover such penalty by action in the appropriate United States district court.”</content> </subsection> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Section 6b of the Commodity Exchange Act, as amended (7 U.S.C. 13a), is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="6b"><inline class="smallCaps">“Sec</inline>. 6b. </num> <content>If any contract market is not enforcing or has not enforced its rules of government made a condition of its designation as set forth in section 5 of this Act, or if any contract market, or any director, officer, agent, or employee of any contract market otherwise is violating or has violated any of the provisions of this Act or any of the rules, regulations, or orders of the Commission thereunder, the Commission may, upon notice and hearing and subject to appeal as in<sidenote><p class="indent0 firstIndent0 fontsize8">Notice and hearing.</p></sidenote> other cases provided for in paragraph (a) of section 6 of this Act, make and enter an order directing that such contract market, director, officer, agent, or employee shall cease and desist from such violation, and assess a civil penalty of not more than $100,000 for each such violation. If such contract market, director, officer, agent, or employee, after the entry of such a cease and desist order and the lapse of the period allowed for appeal of such order or after the affirmance of such order, shall fail or refuse to obey or comply with such order, such contract market, director, officer, agent, or employee shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100,000 or imprisoned for not less than six months nor more than one year, or both. Each day during which such failure or refusal to obey such cease and desist order continues shall be deemed a separate offense. If the offending contract market or other person upon whom such penalty is imposed, after the lapse of the period allowed for appeal or after the affirmance of such penalty, shall fail to pay such penalty, the Commission shall refer the matter to the Attorney General who shall recover such penalty by action in the appropriate United States district court. In determining the amount of the money penalty assessed under this section, the Commission shall consider the appropriateness of such penalty to the net worth of the offending person and the gravity of the offense, and in the case of a contract market shall further consider whether the amount of the penalty will mate-<page identifier="/us/stat/88/1404">88 <inline class="smallCaps">Stat</inline>. 1404</page>rially impair the contract market’s ability to carry on its operations and duties.”</content> </section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Section 6(c) of the Commodity Exchange Act, as amended (7 U.S.C. 13b), is amended by deleting the words “<quotedText>not less than $500 nor more than $10,000</quotedText>” and substituting therefor the words “<quotedText>not more than $100,000</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <chapeau>Section 9 of the Commodity Exchange Act, as amended (7 U.S.C. 13), is amended as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>Subsection (a) is amended by striking “<quotedText>$10,000</quotedText>” and substituting therefor “<quotedText>$100,000</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>Subsection (b) is amended by striking “<quotedText>$10,000</quotedText>” and substituting therefor “<quotedText>$100,000</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>Subsection (c) is amended by striking “<quotedText>$10,000</quotedText>” and substituting therefor “<quotedText>$100,000</quotedText>”.</content> </paragraph> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="213"><inline class="smallCaps">Sec</inline>. 213. </num> <content>Section<sidenote><p class="indent0 firstIndent0 fontsize8">Changes in rules of contract market.</p></sidenote> 8a of the Commodity Exchange Act, as amended (7 U.S.C. 12a), is amended by striking subsection (7) and inserting in lieu thereof the following new subsection: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="7">“(7) </num> <chapeau>to alter or supplement the rules of a contract market insofar as necessary or appropriate by rule or regulation or by order, if after making the appropriate request in writing to a contract market that such contract market effect on its own behalf specified changes in its rules and practices, and after appropriate notice and opportunity for hearing, the Commission determines that such contract market has not made the changes so required, and that such changes are necessary or appropriate for the protection of persons producing, handling, processing, or consuming any commodity traded for future delivery on such contract market, or the product or byproduct thereof, or for the protection of traders or to insure fair dealing in commodities traded for future delivery on such contract market. Such rules, regulations, or orders may specify changes with respect to such matters as:</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>terms or conditions in contracts of sale to be executed on or subject to the rules of such contract market;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>the form or manner of execution of purchases and sales for future delivery;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>other trading requirements, excepting the setting of levels of margin;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content>safeguards with respect to the financial responsibility of members;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content>the manner, method, and place of soliciting business, including the content of such solicitations; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">“(F) </num> <content>the form and manner of handling, recording, and accounting for customers’ orders, transactions, and accounts; and”.</content> </subparagraph> </paragraph> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="214"><inline class="smallCaps">Sec</inline>. 214. </num> <content>Section<sidenote><p class="indent0 firstIndent0 fontsize8">Rules for persons not members of a contract market.</p></sidenote> 8a of the Commodity Exchange Act, as amended (7 U.S.C. 12a), is amended by adding the following new subsection (8): <quotedContent> <paragraph class="indent1 fontsize10"> <num value="8">“(8) </num> <content>to make and promulgate such rules and regulations with respect to those persons registered under this Act, who are not members of a contract market, as in the judgment of the Commission are reasonably necessary to protect the public interest and promote just and equitable principles of trade, including but not limited to the manner, method, and place of soliciting business, including the content of such solicitation; and”.</content> </paragraph> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="215"><inline class="smallCaps">Sec</inline>. 215. </num> <content>Section<sidenote><p class="indent0 firstIndent0 fontsize8">Emergencies.</p></sidenote> 8a of the Commodity Exchange Act, as amended (7 U.S.C. 12a), is amended by adding the following new subsection (9): <page identifier="/us/stat/88/1405">88 <inline class="smallCaps">Stat</inline>. 1405</page> <quotedContent> <paragraph class="indent1 fontsize10"> <num value="9">“(9) </num> <content>to direct the contract market whenever it has reason to believe that an emergency exists, to take such action as, in the Commission’s judgment, is necessary to maintain or restore orderly trading in, or liquidation of, any futures contract. The term ‘emergency’ as used herein shall mean, in addition to threatened<sidenote><p class="indent0 firstIndent0 fontsize8">“Emergency.”</p></sidenote> or actual market manipulations and corners, any act of the United States or a foreign government affecting a commodity or any other major market disturbance which prevents the market from accurately reflecting the forces of supply and demand for such commodity: <proviso><i>Provided,</i> That nothing herein shall be deemed to limit the meaning or interpretation given by a contract market to the terms ‘market emergency’, ‘emergency’, or equivalent language in its own bylaws, rules, regulations, or resolutions.</proviso>”</content> </paragraph> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="216"><inline class="smallCaps">Sec</inline>. 216. </num> <content>The Commodity Exchange Act, as amended, is amended<sidenote><p class="indent0 firstIndent0 fontsize8">Disciplinary action.</p></sidenote> by inserting the following new section immediately after section 8b (7 U.S.C.12b): <quotedContent> <section class="firstIndent1 fontsize10"> <num value="8c"><inline class="smallCaps">Sec</inline>. 8c.</num> <paragraph class="inline"><num value="1">(1) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content>Any exchange or the Commission if the exchange<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s12c">7 USC 12c</ref>.</p></sidenote> fails to act, may suspend, expel, or otherwise discipline any person who is a member of that exchange, or deny any person access to the exchange. Any such action shall be taken solely in accordance with the rules of that exchange.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>Any suspension, expulsion, disciplinary, or access denial<sidenote><p class="indent0 firstIndent0 fontsize8">Notice.</p></sidenote> procedure established by an exchange rule shall provide for written notice to the Commission and to the person who is suspended, expelled, or disciplined, or denied access, within thirty days, which includes the reasons for the exchange action in the form and manner the Commission prescribes. Otherwise the notice and reasons shall be kept confidential.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The Commission may, in its discretion and in accordance with such standards and procedures as it deems appropriate, review any decision by an exchange whereby a person is suspended, expelled, otherwise disciplined, or denied access to the exchange. In addition, the Commission may, in its discretion and upon application of any person who is adversely affected by any other exchange action, review such action.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>The Commission may affirm, modify, set aside, or remand any exchange decision it reviews pursuant to subsection (2), after a determination on the record whether the action of the exchange was in accordance with the policies of this Act. Subject to judicial review, any order of the Commission entered pursuant to subsection (2) shall govern the exchange in its further treatment of the matter.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>The Commission, in its discretion, may order a stay of any action taken pursuant to subsection (1) pending review thereof.”</content> </paragraph> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="217"><inline class="smallCaps">Sec</inline>. 217. </num> <subsection class="inline"><num value="a">(a) </num> <content>No person shall offer to enter into, enter into, or confirm<sidenote><p class="indent0 firstIndent0 fontsize8">Leverage contract for gold and silver.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s15a">7 USC 15a</ref>.</p></sidenote> the execution of any transaction for the delivery of silver bullion, gold bullion, or bulk silver coins or bulk gold coins, pursuant to a standardized contract commonly known to the trade as a margin account, margin contract, leverage account, or leverage contract contrary to any rule, regulation, or order of the Commodity Futures Trading Commission designed to insure the financial solvency of the transaction or prevent manipulation or fraud: <proviso><i>Provided,</i> That such rule, regulation, or order may be made only after notice and opportunity for hearing.</proviso> If the Commission determines that any such transaction is a contract for future delivery within the meaning of the Commodity Exchange Act, as amended, such transaction shall be regulated in accordance with the provisions of such Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The provisions of section 9(c) of the Commodity Exchange<sidenote><p class="indent0 firstIndent0 fontsize8">Penalty.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s13">7 USC 13</ref>.</p></sidenote> Act, as amended, shall be applicable with respect to persons who violate the provisions of this section.</content> </subsection> </section> 88 Stat. 1406 <num value="III">TITLE III—</num> <heading class="inline">ENABLING AUTHORITY FOR CREATION OF NATIONAL FUTURES ASSOCIATIONS</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <content>The Commodity Exchange Act, as amended, is amended by adding the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="17">“<inline class="smallCaps">Sec</inline>. 17. </num> <subsection class="inline"><num value="a">(a) </num> <chapeau>Any<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s21">7 USC 21</ref>.</p></sidenote> association of persons may be registered with the Commission as a registered futures association pursuant to subsection (b) of this section, under the terms and conditions hereinafter provided in this section, by filing with the Commission for review and approval a registration statement in such form as the Commission may prescribe, setting forth the information, and accompanied by the documents, below specified:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>Data as to its organization, membership, and rules of procedure, and such other information as the Commission may by rules and regulations require as necessary or appropriate in the public interest; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Copies of its constitution, charter, or articles of incorporation or association, with all amendments thereto, and of its bylaws, and of any rules or instruments corresponding to the foregoing, whatever the name, hereinafter in this section collectively referred to as the ‘rules of the association’.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <chapeau>An applicant association shall not be registered as a futures association unless the Commission finds, under standards established by the Commission, that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>such association is in the public interest and that it will be able to comply with the provisions of this section and the rules and regulations thereunder and to carry out the purposes of this section;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>the rules of the association provide that any person registered under this Act, contract market, or any other person designated pursuant to the rules of the Commission as eligible for membership may become a member of such association, except such as are excluded pursuant to paragraph (3) or (4) of this subsection, or a rule of the association permitted under this paragraph. The rules of the association may restrict membership in such association on such specified basis relating to the type of business done by its members, or on such other specified and appropriate basis, as appears to the Commission to be necessary or appropriate in the public interest and to carry out the purpose of this section. Rules adopted by the association may provide that the association may, unless the Commission directs otherwise in cases in which the Commission finds it appropriate in the public interest so to direct, deny admission to, or refuse to continue in such association any person if (i) such person, whether prior or subsequent to becoming registered as such, or (ii) any person associated with in the meaning of ‘associated person’ as set forth in section<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> p. 1397.</p></sidenote> 4k of this Act, whether prior or subsequent to becoming so associated, has been and is suspended or expelled from a contract market or has been and is barred or suspended from being associated with all members of such contract market, for violation of any rule of such contract market;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <chapeau>the rules of the association provide that, except with the approval or at the direction of the Commission in cases in which the Commission finds it appropriate in the public interest so to approve or direct, no person shall be admitted to or continued in membership in such association, if such person—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>has been and is suspended or expelled from a registered futures association or from a contract market or has<page identifier="/us/stat/88/1407">88 <inline class="smallCaps">Stat</inline>. 1407</page> been and is barred or suspended from being associated with all members of such association or from being associated with all members of such contract market, for violation of any rule of such association or contract market which prohibits any act or transaction constituting conduct inconsistent with just and equitable principles of trade, or requires any act the omission of which constitutes conduct inconsistent with just and equitable principles of trade; or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>is subject to an order of the Commission denying, suspending, or revoking his registration pursuant to section 6(b) of this Act (7 U.S.C. 9), or expelling or suspending him from membership in a registered futures association or a contract market, or barring or suspending him from being associated with a futures commission merchant; or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>whether prior or subsequent to becoming a member, by his conduct while associated with a member, was a cause of any suspension, expulsion, or order of the character described in clause (A) or (B) which is in effect with respect to such member, and in entering such a suspension, expulsion, or order, the Commission or any such contract market or association shall have jurisdiction to determine whether or not any person was a cause thereof; or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content>has associated with him any person who is known, or in the exercise of reasonable care should be known, to him to be a person who would be ineligible for admission to or continuance in membership under clause (A), (B), or (C) of this paragraph.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <chapeau>the rules of the association provide that, except with the approval or at the direction of the Commission in cases in which the Commission finds it appropriate in the public interest so to approve or direct, no person shall become a member and no natural person shall become a person associated with a member, unless such person is qualified to become a member or a person associated with a member in conformity with specified and appropriate standards with respect to the training, experience, and such other qualifications of such person as the association finds necessary or desirable, and in the case of a member, the financial responsibility of such a member. For the purpose of defining such standards and the application thereof, such rules may—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>appropriately classify prospective members (taking into account relevant matters, including type or nature of business done) and persons proposed to be associated with members.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>specify that all or any portion of such standard shall be applicable to any such class.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>require persons in any such class to pass examinations prescribed in accordance with such rules.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content>provide that persons in any such class other than prospective members and partners, officers and supervisory employees (which latter term may be defined by such rules and as so defined shall include branch managers of members) of members, may be qualified solely on the basis of compliance with specified standards of training and such other qualifications as the association finds appropriate.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content>provide that applications to become a member or a person associated with a member shall set forth such facts as the association may prescribe as to the training, experience, and other qualifications (including, in the case of an applicant for membership, financial responsibility) of the appli-<page identifier="/us/stat/88/1408">88 <inline class="smallCaps">Stat</inline>. 1408</page>cant and that the association shall adopt procedures for verification of qualifications of the applicant.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">“(F) </num> <content>require any class of persons associated with a member to be registered with the association in accordance with procedures specified by such rules (and any application or document supplemental thereto required by such rules of a person seeking to be registered with such association shall, for the purposes of subsection (b) of section 6 of the Act, be deemed an application required to be filed under this section).</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>the rules of the association assure a fair representation of its members in the adoption of any rule of the association or amendment thereto, the selection of its officers and directors, and in all other phases of the administration of its affairs.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content>the rules of the association provide for the equitable allocation of dues among its members, to defray reasonable expenses of administration.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">“(7) </num> <content>the rules of the association are designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, in general, to protect the public interest, and to remove impediments to and perfect the mechanism of free and open futures trading.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">“(8) </num> <content>the rules of the association provide that its members and persons associated with its members shall be appropriately disciplined, by expulsion, suspension, fine, censure, or being suspended or barred from being associated with all members, or any other fitting penalty, for any violation of its rules.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">“(9) </num> <chapeau>the rules of the association provide a fair and orderly procedure with respect to the disciplining of members and persons associated with members and the denial of membership to any person seeking membership therein or the barring of any person from being associated with a member. In any proceeding to determine whether any member or other person shall be disciplined, such rules shall require that specific charges be brought; that such member or person shall be notified of, and be given an opportunity to defend against, such charges; that a record shall be kept; and that the determination shall include—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>a statement setting forth any act or practice in which such member or other person may be found to have engaged, or which such member or other person may be found to have omitted.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>a statement setting forth the specific rule or rules of the association of which any such act or practice, or omission to act, is deemed to be in violation.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>a statement whether the acts or practices prohibited by such rule or rules, or the omisssion of any act required thereby, are deemed to constitute conduct inconsistent with just and equitable principles of trade.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content>a Statement<sidenote><p class="indent0 firstIndent0 fontsize8">Notice, hearing, and record.</p></sidenote> setting forth the penalty imposed.</content> </subparagraph> <continuation class="indent0 fontsize10">In any proceeding to determine whether a person shall be denied membership or whether any person shall be barred from being associated with a member, such rules shall provide that the person shall be notified of, and be given an opportunity to be heard upon, the specific grounds for denial or bar which are under consideration; that a record shall be kept; and that the determination shall set forth the specific grounds upon which the denial or bar is based.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">“(10) </num> <content>the rules of the association provide for a fair and equitable procedure through arbitration or otherwise for the settlement of a customer’s claims and grievances against any member<page identifier="/us/stat/88/1409">88 <inline class="smallCaps">Stat</inline>. 1409</page> or employee thereof: <proviso><i>Provided,</i> That (i) the use of such procedure by a customer shall be voluntary, (ii) the procedure shall not be applicable to any claim in excess of $5,000, (iii) the procedure shall not result in any compulsory payment except as agreed upon between the parties, and (iv) the term ‘customer’ as used in this subsection shall not include a futures commission merchant or a floor broker.</proviso></content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>The Commission may, after notice and opportunity for hearing,<sidenote><p class="indent0 firstIndent0 fontsize8">Notice and hearing.</p></sidenote> suspend the registration of any futures association if it finds that the rules thereof do not conform to the requirements of the Commission, and any such suspension shall remain in effect until the Commission issues an order determining that such rules have been modified to conform with such requirements.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>In addition to the fees and charges authorized by section 8a (4) of this Act, each person registered under this Act, who is not a<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s12a">7 USC 12a</ref>.</p></sidenote> member of a futures association registered pursuant to this section, shall pay to the Commission such reasonable fees and charges as may be necessary to defray the costs of additional regulatory duties required to be performed by the Commission because such person is not a member of a registered futures association. The Commission shall establish such additional fees and charges by rules and regulations.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content>Any person registered under this Act, who is not a member of a futures association registered pursuant to this section, in addition to the other requirements and obligations of this Act and the regulations thereunder shall be subject to such other rules and regulations as the Commission may find necessary to protect the public interest and promote just and equitable principles of trade.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">“(f) </num> <content>Upon filing of an application for registration pursuant to subsection (a), the Commission may by order grant such registration if the requirements of this section are satisfied. If, after appropriate notice and opportunity for hearing, it appears to the Commission that any requirement of this section is not satisfied, the Commission shall by order deny such registration.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">“(g) </num> <content>A registered futures association may, upon such reasonable notice as the Commission may deem necessary in the public interest, withdraw from registration by filing with the Commission a written notice of withdrawal in such form as the Commission may by rules and regulations prescribe.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="h">“(h) </num> <content>If any registered futures association takes any disciplinary action against any member thereof or any person associated with such a member or denies admission to any person seeking membership therein, or bars any person from being associated with a member, such action shall be subject to review by the Commission, on its own motion, or upon application by any person aggrieved thereby filed within thirty days after such action has been taken or within such longer period as the Commission may determine. Application to the Commission for review, or the institution of review by the Commission on its own motion, shall operate as a stay of such action until an order is issued upon such review pursuant to subsection (k) of this section unless the Commission otherwise orders, after notice and opportunity<sidenote><p class="indent0 firstIndent0 fontsize8">Notice and hearing.</p></sidenote> for hearing on the question of a stay (which hearing may consist solely of affidavits and oral arguments).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="i">“(i)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>In a proceeding to review disciplinary action taken by a registered futures association against a member thereof or a person associated with a member, if the Commission, after appropriate notice<sidenote><p class="indent0 firstIndent0 fontsize8">Notice and hearing.</p></sidenote> and opportunity for hearing, upon consideration of the record before the association and such other evidence as it may deem relevant—</content> </paragraph> <page identifier="/us/stat/88/1410">88 <inline class="smallCaps">Stat</inline>. 1410</page> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>finds that such member or person has engaged in such acts or practices, or has omitted such act, as the association has found him to have engaged in or omitted, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>determines that such acts or practices, or omission to act, are in violation of such rules of the association as have been designated in the determination of the association, the Commission shall by order dismiss the proceeding, unless it appears to the Commission that such action should be modified in accordance with paragraph (2) of this subsection. The Commission shall likewise determine whether the acts or practices prohibited, or the omission of any act required, by any such rule constitute conduct inconsistent with just and equitable principles of trade, and shall so declare. If it appears to the Commission that the evidence does not warrant the finding required in clause (A), or if the Commission determines that such acts or practices as are found to have been engaged in are not prohibited by the designated rule or rules of the association, or that such act as is found to have been omitted is not required by such designated rule or rules, the Commission shall by order set aside the action of the association.</content> </subparagraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>if,<sidenote><p class="indent0 firstIndent0 fontsize8">Notice and hearing.</p></sidenote> after appropriate notice and opportunity for hearing, the Commission finds that any penalty imposed upon a member or person associated with a member is excessive or oppressive, having due regard to the public interest, the Commission shall by order cancel, reduce, or require the remission of such penalty.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>In any proceeding to review the denial of membership in a registered futures association or the barring of any person from being associated with a member, if the Commission, after appropriate notice and hearing, and upon consideration of the record before the association and such other evidence as it may deem relevant, determines that the specific grounds on which such denial or bar is based exist in fact and are valid under this section, the Commission shall by order dismiss the proceeding; otherwise, the Commission shall by order set aside the action of the association and require it to admit the applicant to membership therein, or to permit such person to be associated with a member.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="j">“(j) </num> <content>Every registered futures association shall file with the Commission in accordance with such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest, copies of any changes in or additions to the rules of the association, and such other information and documents as the Commission may require to keep current or to supplement the registration statement and documents filed pursuant to subsection (a) of this section. Any change in or addition to the rules of a registered futures association shall be submitted to the Commission for approval and shall take effect upon the thirtieth day after such approval by the Commission, or upon such earlier date as the Commission may determine, unless the Commission shall enter an order disapproving such change or addition; and the Commission shall enter such an order unless such change or addition appears to the Commission to be consistent with the requirements of this section and the provisions of this Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="k">“(k)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>The Commission is authorized by order to abrogate any rule<sidenote><p class="indent0 firstIndent0 fontsize8">Notice and hearing.</p></sidenote> of a registered futures association, if after appropriate notice and opportunity for hearing, it appears to the Commission that such abrogation is necessary or appropriate to assure fair dealing by the members of such association, to assure a fair representation of its members in the administration of its affairs or effectuate the purposes of this title.</content> </paragraph> <page identifier="/us/stat/88/1411">88 <inline class="smallCaps">Stat</inline>. 1411</page> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau>The Commission may in writing request any registered futures association to adopt any specified alteration or supplement to its rules with respect to any of the matters hereinafter enumerated. If such association fails to adopt such alteration or supplement within a reasonable time, the Commission is authorized by order to alter or supplement the rules of such association in the manner theretofore requested, or with such modifications of such alteration or supplement as it deems necessary if, after appropriate notice and opportunity for<sidenote><p class="indent0 firstIndent0 fontsize8">Notice and hearing.</p></sidenote> hearing, it appears to the Commission that such alteration or supplement is necessary or appropriate in the public interest or to effectuate the purposes of this section, with respect to—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>the basis for, and procedure in connection with, the denial of membership or the barring from being associated with a member or the disciplining of members or persons associated with members, or the qualifications required for members or natural persons associated with members or any class thereof;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>the method for adoption of any change in or addition to the rules of the association;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>the method of choosing officers and directors.</content> </subparagraph> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="l">“(l) </num> <chapeau>The Commission is authorized, if such action appears to it to be necessary or appropriate in the public interest or to carry out the purposes of this section—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>after appropriate notice and opportunity for hearing, by<sidenote><p class="indent0 firstIndent0 fontsize8">Notice and hearing.</p></sidenote> order to suspend for a period not exceeding twelve months or to revoke the registration of a registered futures association, if the Commission finds that such association has violated any provisions of this title or any rule or regulation thereunder, or has failed to enforce compliance with its own rules, or has engaged in any other activity tending to defeat the purposes of this Act;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau>after appropriate notice and opportunity for hearing, by<sidenote><p class="indent0 firstIndent0 fontsize8">Notice and hearing.</p></sidenote> order to suspend for a period not exceeding twelve months or to expel from a registered futures association any member thereof, or to suspend for a period not exceeding twelve months or to bar any person from being associated with a member thereof, if the Commission finds that such member or person—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>has violated any provision of this title or any rule or regulation thereunder, or has effected any transaction for any other person who, he had reason to believe, was violating with respect to such transaction any provision of this title or any rule or regulation thereunder; or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>has willfully violated any provision of the Commodity Exchange Act, as amended, or of any rule, regulation, or<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1">7 USC 1</ref>.</p></sidenote> order thereunder, or has effected any transaction for any other person who, he had reason to believe, was willfully violating with respect to such transaction any provision of such Act or rule, regulation, or order.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>after appropriate notice and opportunity for hearing, by<sidenote><p class="indent0 firstIndent0 fontsize8">Notice and hearing.</p></sidenote> order to remove from office any officer or director of a registered futures association who, the Commission finds, has willfully failed to enforce the rules of the association, or has willfully abused his authority.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="m">“(m) </num> <content>The Commission shall include in its annual reports to Congress<sidenote><p class="indent0 firstIndent0 fontsize8">Reports to Congress.</p></sidenote> information concerning any futures associations registered pursuant to this section and the effectiveness of such associations in regulating the practices of the members.”</content> </subsection> </section> </quotedContent> </content> </section> 88 Stat. 1412 <num value="IV">TITLE IV—</num> <heading class="inline">MISCELLANEOUS PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <content>Section<sidenote><p class="indent0 firstIndent0 fontsize8">Commissioners or employees, prohibition on transactions or use of information.</p></sidenote> 9 of the Commodity Exchange Act, as amended (7 U.S.C. 13), is amended by adding the following new subsections: <quotedContent> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>It shall be a felony punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both, together with the costs of prosecution, for any Commissioner of the Commission or any employee or agent thereof, to participate, directly or indirectly, in any transaction in commodity futures or any transaction of the character of or which is commonly known to the trade as an ‘option’, ‘privilege’, ‘indemnity’, ‘bid’, ‘offer’, ‘put’, ‘call’, ‘advance guaranty’, or ‘decline guaranty’, or for any such person to participate, directly or indirectly, in any investment transaction in an actual commodity: <proviso><i>Provided,</i> That such prohibition against any investment transaction in an actual commodity shall not apply to a transaction in which such person buys an agricultural commodity or livestock for use in his own farming or ranching operations or sells an agricultural commodity which he has produced in connection with his own farming or ranching operations nor to any transaction in which he sells livestock which he has owned at least three months.</proviso> With respect to such excepted transactions, the Commission shall require any Commissioner of the Commission or any employee or agent thereof who participates in any such transaction to notify the Commission thereof in accordance with such regulations as the Commission shall prescribe and the Commission shall make such information available to the public.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">“(e) </num> <content>It shall be a felony punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both, together with the costs of prosecution—(1) for any Commissioner of the Commission or any employee or agent thereof who, by virtue of his employment or position, acquires information which may affect or tend to affect the price of any commodity futures or commodity and which information has not been made public to impart such information with intent to assist another person, directly or indirectly, to participate in any transaction in commodity futures, any transaction in an actual commodity, or in any transaction of the character of or which is commonly known to the trade as an ‘option’, ‘privilege’, ‘indemnity’, ‘bid’, ‘offer’, ‘put’, ‘call’, ‘advance guaranty’, or ‘decline guaranty’; and (2) for any person to acquire such information from any Commissioner of the Commission or any employee or agent thereof and to use such information in any transaction in commodity futures, any transaction in an actual commodity, or in any transaction of the character of or which is commonly known to the trade as an ‘option’, ‘privilege’, ‘indemnity’, ‘bid’, ‘offer’, ‘put’, ‘call’, ‘advance guaranty’, or ‘decline guaranty’.”</content> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <chapeau>Section 4c of the Commodity Exchange Act, as amended (7 U.S.C. 6c), is amended—</chapeau> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>By inserting “<quotedText>(a)</quotedText>” after “<quotedText><inline class="smallCaps">Sec</inline>. 4c.</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>By striking paragraph (B) in its entirety and inserting in lieu thereof the following: <quotedContent> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>if<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s2">7 USC 2</ref>.</p></sidenote> such transaction involves any commodity specifically set forth in section 2(a) of this Act, prior to the enactment of the Commodity Futures Trading Commission Act of 1974, and if such transaction is of the character of, or is commonly known to the trade as, an ‘option’, ‘privilege’, ‘indemnity’, ‘bid’, ‘offer’, ‘put’, ‘call’, ‘advance guaranty’, or ‘decline guaranty’, or”.</content> </subparagraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>By adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>No person shall offer to enter into, enter into, or confirm the execution of, any transaction subject to the provisions of subsection (a) of this section involving any commodity regulated under this Act,<page identifier="/us/stat/88/1413">88 <inline class="smallCaps">Stat</inline>. 1413</page> but not specifically set forth in section 2(a) of this Act, prior to the<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s2">7 USC 2</ref>.</p></sidenote> enactment of the Commodity Futures Trading Commission Act of 1974, which is of the character of, or is commonly known to the trade as, an ‘option’, ‘privilege’, ‘indemnity’, ‘bid’, ‘offer’, ‘put’, ‘call’, ‘advance guaranty’, or ‘decline guaranty’, contrary to any rule, regulation, or order of the Commission prohibiting any such transaction or allowing any such transaction under such terms and conditions as the Commission shall prescribe within one year after the effective date of the Commodity Futures Trading Commission Act of 1974 unless the Commission<sidenote><p class="indent0 firstIndent0 fontsize8">Notification of congressional committees.</p></sidenote> determines and notifies the Senate Committee on Agriculture and Forestry and the House Committee on Agriculture that it is unable to prescribe such terms and conditions within such period of time: <proviso><i>Provided,</i> That any such order, rule, or regulation may be made only after notice and opportunity for hearing:</proviso> <proviso><i>And provided further,</i> That the Commission may set different terms and conditions for different markets.</proviso>”</content> </subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>By striking the last sentence of subsection (a) as designated by this section.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num> <content>Section 4a(1) of the Commodity Exchange Act, as<sidenote><p class="indent0 firstIndent0 fontsize8">“Arbitrage.”</p></sidenote> amended (7 U.S.C. 6a), is amended by inserting, following the word “<quotedText>straddles</quotedText>” in the last sentence of such paragraph the words “<quotedText>or ‘arbitrage’</quotedText>” and by adding the following new sentences at the end of such paragraph: “<quotedText>The word ‘arbitrage’ in domestic markets shall be defined to mean the same as a ‘spread’ or ‘straddle’. The Commission is authorized to define the term ‘international arbitrage’.</quotedText>”</content> </section> <section class="firstIndent1 fontsize10"> <num value="404"><inline class="smallCaps">Sec</inline>. 404. </num> <content>Section 4a (3) of the Commodity Exchange Act, as<sidenote><p class="indent0 firstIndent0 fontsize8">Hedging transactions.</p></sidenote> amended (7 U.S.C. 6a), is amended by deleting the period at the end of the first sentence and adding “<quotedText>as such terms shall be defined by the Commission within ninety days after the effective date of the Commodity Futures Trading Commission Act of 1974 by order consistent with the purposes of this Act.</quotedText>”; and by deleting, effective immediately on enactment of this Act, the remainder of paragraph (3): <proviso><i>Provided,</i> That notwithstanding any other provision of law, the<sidenote><p class="indent0 firstIndent0 fontsize8">Regulations.</p></sidenote> Secretary of Agriculture, immediately upon the enactment of the Commodity Futures Trading Commission Act of 1974, is authorized and directed to promulgate regulations defining bona fide hedging transactions and positions:</proviso> <proviso><i>And provided further,</i> That until the Secretary issues such regulations defining bona fide hedging transactions and positions and such regulations are in full force and effect, such terms shall continue to be defined as set forth in the Commodity Exchange Act prior to its amendment by the Commodity Futures<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s1">7 USC 1</ref>.</p></sidenote> Trading Commission Act of 1974.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="405"><inline class="smallCaps">Sec</inline>. 405. </num> <chapeau>Section 4b of the Commodity Exchange Act, as amended<sidenote><p class="indent0 firstIndent0 fontsize8">Simultaneous buying and selling orders.</p></sidenote> (7 U.S.C. 6b), is amended—</chapeau> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>By deleting the word “<quotedText>cotton</quotedText>” where it appears in the last full paragraph of such section, and inserting in lieu thereof the words “<quotedText>a commodity</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>By striking the period at the end of such section and adding the following: “<quotedText>: <i>And provided further,</i> That such transactions shall be made in accordance with such rules and regulations as the Commission may promulgate regarding the manner of the execution of such transactions.</quotedText>”</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="406"><inline class="smallCaps">Sec</inline>. 406. </num> <content>Section 5a(6) of the Commodity Exchange Act, as<sidenote><p class="indent0 firstIndent0 fontsize8">Conformity to U.S. standards.</p></sidenote> amended (7 U.S.C. 7a), is amended by deleting the semicolon at the end of said subsection and inserting in lieu thereof the following: “<quotedText>and adopted by the Commission;</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="407"><inline class="smallCaps">Sec</inline>. 407. </num> <chapeau>Section 5a(8) of the Commodity Exchange Act, as amended (7 U.S.C. 7a), is amended—</chapeau> <page identifier="/us/stat/88/1414">88 <inline class="smallCaps">Stat</inline>. 1414</page> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>By deleting the words “<quotedText>not been disapproved by the Secretary of Agriculture pursuant to paragraph (7) of section 8a</quotedText>” and inserting in lieu thereof the words “<quotedText>been approved by the Commission pursuant to paragraph (12) of section 5a</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>By deleting the word “<quotedText>so</quotedText>”, and inserting the words “<quotedText>by the Commission</quotedText>” immediately before the semicolon at the end of such subsection.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="408"><inline class="smallCaps">Sec</inline>. 408. </num> <chapeau>Section<sidenote><p class="indent0 firstIndent0 fontsize8">Administrative Law Judge.</p></sidenote> 6(b) of the Commodity Exchange Act, as amended (7 U.S.C. 9), is amended—</chapeau> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>By striking in the second sentence “<quotedText>a referee</quotedText>” and inserting in lieu thereof “<quotedText>an Administrative Law Judge</quotedText>”.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>By striking the word “<quotedText>referee</quotedText>” each other place it appears and inserting in lieu thereof “<quotedText>Administrative Law Judge</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="409"><inline class="smallCaps">Sec</inline>. 409. </num> <content>Section<sidenote><p class="indent0 firstIndent0 fontsize8">Violations.</p></sidenote> 9(c) of the Commodity Exchange Act, as amended (7 U.S.C. 13), is amended by inserting after “<quotedText>section 4i</quotedText>” the following: “<quotedText>section 4k,<sidenote><p class="indent0 firstIndent0 fontsize8"><i>Ante,</i> pp. 1397–1399.</p><p class="indent0 firstIndent0 fontsize8">Position classification.</p></sidenote> section 4m, section 4o,</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="410"><inline class="smallCaps">Sec</inline>. 410. </num> <content>Section 5108(c) of title 5 of the United States Code is amended by adding after paragraph (11) thereof the following new paragraph: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="12">“(12) </num> <content>The Commodity Futures Trading Commission, subject to the standards and procedures prescribed by this chapter, may place an additional twenty positions in GS–16, GS–17, and GS–18 for purposes of carrying out its functions.”</content> </paragraph> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="411"><inline class="smallCaps">Sec</inline>. 411. </num> <content>All<sidenote><p class="indent0 firstIndent0 fontsize8">Transfer of operations and proceedings.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s4a">7 USC 4a note</ref>.</p></sidenote> operations of the Commodity Exchange Commission and of the Secretary of Agriculture under the Commodity Exchange Act, including all pending administrative proceedings, shall be transferred to the Commodity Futures Trading Commission as of the effective date of this Act and continue to completion. All rules, regulations, and orders heretofore issued by the Commodity Exchange Commission and by the Secretary of Agriculture under the Commodity Exchange Act to the extent not inconsistent with the provisions of this Act shall continue in full force and effect unless and until terminated, modified, or suspended by the Commodity Futures Trading Commission.</content> </section> <section class="firstIndent1 fontsize10"> <num value="412"><inline class="smallCaps">Sec</inline>. 412. </num> <content>Pending<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s4a">7 USC 4a note</ref>.</p></sidenote> proceedings under existing law shall not be abated by reason of any provision of this Act but shall be disposed of pursuant to the applicable provisions of the Commodity Exchange Act, as amended, in effect prior to the effective date of this Act.</content> </section> <section class="firstIndent1 fontsize10"> <num value="413"><inline class="smallCaps">Sec</inline>. 413. </num> <content>If<sidenote><p class="indent0 firstIndent0 fontsize8">Separability.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s4a">7 USC 4a note</ref>.</p></sidenote> any provision of this Act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby.</content> </section> <section class="firstIndent1 fontsize10"> <num value="414"><inline class="smallCaps">Sec</inline>. 414. </num> <content>The<sidenote><p class="indent0 firstIndent0 fontsize8">Market reports.</p></sidenote> Commodity Exchange Act, as amended, is amended by adding the following new section at the end thereof: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="16">“<inline class="smallCaps">Sec</inline>. 16. </num> <subsection class="inline"><num value="a">(a) </num> <content>The<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s20">7 USC 20</ref>.</p></sidenote> Commission may conduct regular investigations of the markets for goods, articles, services, rights, and interests which are the subject of futures contracts, and furnish reports of the findings of these investigations to the public on a regular basis. These market reports shall, where appropriate, include information on the supply, demand, prices, and other conditions in the United States and other countries with respect to such goods, articles, services, rights, interests, and information respecting the futures markets.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>The Commission shall cooperate with the Department of Agriculture and any other Department or Federal agency which makes market investigations to avoid unnecessary duplication of information-gathering activities.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">“(c) </num> <content>The Department of Agriculture and any other Department or Federal agency which has market information sought by the Commis-<page identifier="/us/stat/88/1415">88 <inline class="smallCaps">Stat</inline>. 1415</page>sion shall furnish it to the Commission upon the request of any authorized employee of the Commission. The Commission shall abide by any rules of confidentiality applying to such information.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">“(d) </num> <content>The Commission shall not disclose in such reports data and information which would separately disclose the business transactions of any person and trade secrets or names of customers except as provided in section 8 of this Act<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s12">7 USC 12</ref>, <ref href="/us/usc/t7/s12–1">12–1</ref>.</p></sidenote>.”</content> </subsection> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="415"><inline class="smallCaps">Sec</inline>. 415. </num> <content>Section 4g of the Commodity Exchange Act, as amended,<sidenote><p class="indent0 firstIndent0 fontsize8">Daily trading records.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s6g">7 USC 6g</ref>.</p></sidenote> is amended by inserting “<quotedText>(1)</quotedText>” after the section designation and by adding the following new subsections: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Every clearinghouse and contract market shall maintain daily trading records. The daily trading records shall include such information as the Commission shall prescribe by rule.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>Brokers and futures commission merchants shall maintain daily trading records for each customer in such manner and form as to be identifiable with the trades referred to in subsection (2).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>Daily trading records shall be maintained in a form suitable to the Commission for such period as may be required by the Commission. Reports shall be made from the records maintained at such times and at such places and in such form as the Commission may prescribe by rule, order, or regulation in order to protect the public interest and the interest of persons trading in commodity futures.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>Before the beginning of trading each day, the exchange shall, insofar as is practicable and under terms and conditions specified by the Commission, make public the volume of trading on each type of contract for the previous day and such other information as the Commission deems necessary in the public interest and prescribes by rule, order, or regulation.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content>Nothing contained in this section shall be construed to prohibit the Commission from making separate determinations for different clearinghouses, contract markets, and exchanges when such determinations are warranted in the judgment of the Commission.”</content> </paragraph> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="416"><inline class="smallCaps">Sec</inline>. 416. </num> <content>The Commodity Exchange Act, as amended, is amended<sidenote><p class="indent0 firstIndent0 fontsize8">Research and information programs.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s22">7 USC 22</ref>.</p></sidenote> by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="18">“<inline class="smallCaps">Sec</inline>. 18. </num> <subsection class="inline"><num value="a">(a) </num> <content>The Commission shall establish and maintain, as part of its ongoing operations, research and information programs to (1) determine the feasibility of trading by computer, and the expanded use of modern information system technology, electronic data processing, and modern communication systems by commodity exchanges, boards of trade, and by the Commission itself for purposes of improving, strengthening, facilitating, or regulating futures trading operations; (2) assist in the development of educational and other informational materials regarding futures trading for dissemination and use among producers, market users, and the general public; and (3) carry out the general purposes of this Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">“(b) </num> <content>The Commission shall include in its annual reports to Congress<sidenote><p class="indent0 firstIndent0 fontsize8">Reports to Congress.</p></sidenote> plans and findings with respect to implementing this section.”</content> </subsection> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="417"><inline class="smallCaps">Sec</inline>. 417. </num> <content>The Commodity Futures Trading Commission shall submit<sidenote><p class="indent0 firstIndent0 fontsize8">Insurance legislation.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s4a">7 USC 4a note</ref>.</p></sidenote> to the Congress, not later than June 30, 1976, a report respecting the need for legislation insuring owners of commodity futures accounts and persons handling or clearing trades in such accounts against loss by reason of the insolvency or financial failure of a futures commission merchant carrying such accounts. The report shall contain the recommendations of the Commission concerning the form and nature of any such legislation.</content> </section> <section class="firstIndent1 fontsize10"> <num value="418"><inline class="smallCaps">Sec</inline>. 418. </num> <subsection class="inline"><num value="a">(a) </num> <content>Except as otherwise provided specifically in this Act,<sidenote><p class="indent0 firstIndent0 fontsize8">Effective date.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t7/s2">7 USC 2 note</ref>.</p></sidenote> the effective date of this Act shall be the 180th day after enactment. The Commission referred to in section 101 is hereby established effective immediately on enactment of this Act. Sections 102 and 410 shall<page identifier="/us/stat/88/1416">88 <inline class="smallCaps">Stat</inline>. 1416</page> be effective immediately on enactment of this Act. Activities necessary to implement the changes effected by this Act may be carried out after the date of enactment and before as well as after the 180th day thereafter. Activities to be carried out after the date of enactment and before the 180th day thereafter may include, but are not limited to the following: designation of boards of trade as contract markets, registration of futures commission merchants, floor brokers, and other persons required to be registered under the Act, approval or modification of bylaws, rules, regulations, and resolutions of contract markets, and issuance of regulations, effective on or after the 180th day after enactment; appointment and compensation of the members of the Commission; hiring and compensation of staff; and conducting of investigations and hearings. Nothing in this Act shall limit the authority of the Secretary of Agriculture or the Commodity Exchange Commission under the Commodity Exchange Act, as amended, prior to the 180th day after enactment of this Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Funds<sidenote><p class="indent0 firstIndent0 fontsize8">Funds.</p></sidenote> appropriated for the administration of the Commodity Exchange Act, as amended, may be used to implement this Act immediately after the date of enactment of this Act.</content> </subsection> </section> Approved October 23, 1974.
Public Law 93–464: To provide for emergency allotment lease and transfer of tobacco allotments or quotas for 1974 in certain disaster areas in North Carolina. Public Law 464 Public Law 93–464 88 Stat. 1416 1974-10-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public Public Law 93–464
An Act To provide for emergency allotment lease and transfer of tobacco allotments or quotas for 1974 in certain disaster areas in North Carolina.

October 24, 1974

[H. R. 16857]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Tobacco.

Acreage allotments or quotas, N.C., lease and transfer.

7 USC 1314b.
That section 316 of the Agricultural Adjustment Act of 1938, as amended, is amended by adding at the end thereof the following new subsection (h): “(h) Notwithstanding any provision of this section, when as a result of drought, flood, damage due to excessive rain, hail, wind, tornado, or other natural disaster, the Secretary determines (1) that one of the counties hereinafter listed has suffered a loss of 10 per centum or more in the number of acres of tobacco planted, and (2) that a lease of such tobacco allotment or quota will not impair the effective operation of the tobacco marketing quota or price support program, he may permit the owner and operator of any farm within Craven, Carteret and Jones Counties, North Carolina, which has suffered a loss of 10 per centum or more in the number of acres of tobacco planted of such crop to lease all or any part of such allotment or quota to any other owners or operators in the same county, or nearby counties within the same State, for use in such counties for the year 1974 on a farm or farms having a current tobacco allotment or quota of the same kind. In the case of a lease and transfer to an owner or operator in another county pursuant to this subsection, the lease and transfer shall not be effective until a copy of the lease is filed with and determined by the county committee of the county to which the transfer is made to be in compliance with the provisions of this subsection.”.
Approved October 24, 1974.
Public Law 93–465: To amend the Canal Zone Code to transfer the functions of the Clerk of the United States District Court for the District of the Canal Zone with respect to the issuance and recording of marriage licenses, and related activities, to the civil affairs director of the Canal Zone Government, and for other purposes. Public Law 465 Public Law 93–465 88 Stat. 1417 1974-10-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public 88 Stat. 1417 Public Law 93–465
An Act To amend the Canal Zone Code to transfer the functions of the Clerk of the United States District Court for the District of the Canal Zone with respect to the issuance and recording of marriage licenses, and related activities, to the civil affairs director of the Canal Zone Government, and for other purposes.

October 24, 1974

[S. 2348]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Canal Zone Government.

Marriage licenses, issuance and recording.
That section 4 of title 8, Canal Zone Code (76A Stat. 672), is amended to read as follows:
“§ 4. Marriage license; application; waiting period; medical certificate or court order; fee; record; period of validity “(a) A marriage may not be celebrated in the Canal Zone unless a license to marry has first been secured from the Governor, or his designee. If both parties to a proposed marriage are residents of the Republic of Panama and neither is a United States citizen, a license may not be issued in the Canal Zone unless the parties have previously obtained a license to marry from the proper authorities in the Republic of Panama. A marriage license may not be issued to a leper except upon a certificate of approval by the health director of the Canal Zone Government. A license when issued shall be accompanied by a marriage certificate to be executed by the person celebrating the marriage. “(b) The application for a marriage license shall state— “(1) the name, address, legal residence, age, and date of birth of each of the persons to be married; “(2) the relationship, if any, of the persons, by consanguinity or affinity; and “(3) if either person has been previously married, the date and place of each previous marriage, the name of each former spouse, and the manner in which each previous marriage has been terminated. “(c) Except as provided by subsection (d) of this section, the Governor, or his designee, shall issue a marriage license, after application therefor, if— “(1) the application for the license is in accordance with subsection (b) of this section, and is accompanied by the written consent when required by section 2 of this title; and “(2) it appears to the satisfaction of the Governor, or his designee, from the sworn statements of the persons desiring to marry, or, if required by the Governor, or his designee, from the sworn statement of another person, that ho legal impediment to the marriage is known to exist. “(d) The Governor, or his designee, may not issue a marriage license until— “(1) the application therefor remains on file, open to the public, in his office, for three days before license is issued; and “(2) each of the persons desiring to be married has presented and filed with him either a medical certificate indicating that the examination required by subchapter II of this chapter has been made, or an order from the district court, as provided by that subchapter, directing him to issue the license. “(e) The Governor shall prescribe the form of the application for a marriage license, of the marriage license, and of the marriage certificate. “(f) The Governor, or his designee, shall collect a fee of $2 upon the

Fee.

Recordkeeping.

 issuance of a marriage license, and shall keep a record of all licenses issued and of all applications for licenses, together with any written88 Stat. 1418 consent of parents or a parent or guardian or the health director accompanying the same. “(g) A marriage license is valid for only thirty days, including the date it is issued.”.
Sec. 2. Section 5 of title 8, Canal Zone Code (76A Stat. 673), is amended to read as follows:
“§ 5. Who may celebrate a marriage; license to celebrate “(a) A marriage may be celebrated in the Canal Zone only by a— “(1) magistrate of the Canal Zone; “(2) minister in good standing in any religious society or denomination who resides in the Canal Zone; or “(3) minister in good standing in any religious society or denomination who resides in the Republic of Panama, if he has procured from the Governor, or his designee, a license authorizing the minister to celebrate marriages in the Canal Zone. “(b) The Governor, or his designee, shall issue the license provided for by paragraph (3) of subsection (a) of this section upon the submission, by a minister referred to therein, of a written application, together with a duly authenticated copy of his authority to celebrate marriages

Fee.

 in the Republic of Panama. The Governor, or his designee, shall be paid a fee of $5 for issuing and recording the license.”.
Sec. 3. Section 6 of title 8, Canal Zone Code (76A Stat. 673), is amended to read as follows:
“§ 6. Certifying, signing, return, and recording of license; marriage certificate “(a) The judicial officer or minister celebrating a marriage shall— “(1) certify upon the marriage license that he celebrated the marriage, giving his official title and the time when and place where the marriage was celebrated; “(2) cause two persons who witnessed the marriage to sign their names on the marriage license as witnesses, each giving his place of residence; “(3) at the time of the marriage, fill out and sign the marriage certificate accompanying the license and deliver it to one of the parties to the marriage; and “(4) within thirty days after the date of the marriage, return the license, so certified and witnessed, to the office of the Governor, or his designee. “(b) Upon return of a license as required by subsection (a) of this section, the Governor, or his designee, shall file it after making registry thereof in a book to be kept in his office for that purpose only. The registry must contain the Christian and surnames of the parties, the time of their marriage, and the name and title of the person who celebrated the marriage.”.
Sec. 4. Section 8 of title 8, Canal Zone Code (76A Stat. 673), is amended to read as follows:
“§ 8. Acknowledgment and recording of declaration “Declarations of marriage shall be acknowledged and recorded in the office of the Governor, or his designee.”.
Sec. 5. Section 11 of title 8, Canal Zone Code (76A Stat. 674), is amended to read as follows: 88 Stat. 1419
“§ 11. Offenses and penalties “(a) Whoever, being a judicial officer, minister qualified to celebrate marriages in the Canal Zone, or an officer or employee of the United States, violates section 4, 5, or 6 of this title, shall be fined not more

Ante, pp. 1417, 1418.

 than $100 or imprisoned in jail not more than thirty days, or both. “(b) Whoever knowingly makes a false oath as to a material matter for the purpose of procuring or aiding another to procure a marriage license is guilty of perjury and shall be imprisoned in the penitentiary not more than 10 years. “(c) Whoever knowingly files with the Governor, or his designee, a written consent, any signature to which is a forgery, is guilty of uttering a forged instrument and shall be imprisoned in the penitentiary not more than fourteen years. “(d) Whoever, not being qualified to celebrate marriages in the Canal Zone pursuant to this subchapter, celebrates what purports to be a marriage ceremony shall be imprisoned in the penitentiary not more than three years.”.
Sec. 6. Section 34 of title 8, Canal Zone Code (76A Stat. 675), is amended to read as follows:
“§ 34. Marriage license, without medical certificate, because of pregnancy “If a female applicant for a marriage license makes an affidavit to the effect that marriage is necessary because she is with child and that the marriage will confer legitimacy on the unborn child, the district court may hear and determine on medical testimony the question of pregnancy and, on adjudging that pregnancy exists, shall order the Governor, or his designee, to issue the marriage license if all other requirements of the law regarding the issuance of marriage licenses are complied with, even though the clinical examination and laboratory tests reveal that one or both applicants have syphilis infection. In its order, the court shall provide that the applicant or applicants having syphilis infection shall be treated for the infection as provided by the regulations referred to in section 33 of this title. A copy of the order shall be filed with the Governor, or his designee, in lieu of the medical certificate.”.
Sec. 7. Subsection (a) of section 36 of title 8, Canal Zone Code (76A Stat. 675), is amended to read as follows: “(a) If an applicant has been refused a marriage license by the

Protest.

 Governor, or his designee, because of failure to obtain a medical certificate, the applicant may elect to file a protest and take the procedure authorized by this section or to take any other procedure.”.
Sec. 8. Item (4) of section 344 of title 3, Canal Zone Code (76A

Repeal.

 Stat. 62), is repealed, and items (5), (6), (7), and (8) shall be redesignated (4), (5), (6), and (7) respectively.
Sec. 9. The analysis of chapter 1 of title 8, Canal Zone Code (76A Stat. 671), is amended by striking out in the item relating to section 5 “marriages;” and inserting in lieu thereof “a marriage;”.
Sec. 10. All records of marriages in the custody of the clerk of the

Records, transfer to Governor.

 United States District Court for the District of the Canal Zone shall be transferred to the Governor, or his designee, within ninety days after the date of enactment of this Act.
88 Stat. 1420
Sec. 11. The

Effective dates.

 amendments and repeals made by this Act shall become effective upon the expiration of ninety days after the date of enactment, except that section 10 shall become effective on the date of enactment.
Approved October 24, 1974.
Public Law 93–466: To amend the Act of June 30, 1944, an Act “To provide for the establishment of the Harpers Ferry National Monument”, and for other purposes. Public Law 466 Public Law 93–466 88 Stat. 1420 1974-10-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public Public Law 93–466
An Act To amend the Act of June 30, 1944, an Act “To provide for the establishment of the Harpers Ferry National Monument”, and for other purposes.

October 24, 1974

[S. 605]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Harpers Ferry National Historical Park, W. Va.

Additional lands authorized.
That the Act of June 30, 1944 (58 Stat. 645; 16 U.S.C. 450bb), an Act “To provide for the establishment of the Harpers Ferry National Monument”, is amended as follows: (1) In section 1, the first sentence is amended to read: “That, in order to carry out the purposes of this Act, the Secretary of the Interior is authorized to acquire lands or interests in lands, by donation, purchase with donated or appropriated funds, or exchange, within the boundaries as generally depicted on the drawing entitled ‘Boundary Map, Harpers Ferry National Historical Park’, numbered 385–40,000D and dated April 1974, which shall be on file and available for public inspection in the offices of the National Park Service, Department

Publication in Federal Register.

 of the Interior: Provided, That after advising the Committees on Interior and Insular Affairs of the Congress of the United States, in writing, the Secretary may make minor revisions in the boundary, when necessary, by publication of a revised drawing or other boundary description in the Federal Register, but the total acreage shall not exceed two thousand acres: Provided further, That nothing herein shall be deemed to authorize the acquisition, without consent of the owner, of a fee simple interest in lands within the boundaries in which a less than fee interest has previously been acquired by the Secretary of the Interior.” (2) In

16 USC 450bb–2.

 section 3, delete the word “and” at the end of paragraph (1); change the period at the end of paragraph (2) to a semicolon and add “and”; and add the following new paragraph: “(3) Provide,

Interpretive shuttle transportation service.

 directly or by contract, subject to the provisions of the Act of June 7, 1974 (88 Stat. 192; 16 U.S.C. 4601–6a) an interpretive shuttle transportation service within, between, and among lands acquired for the purpose of this Act for such times and upon such terms as in his judgment will best accomplish the purposes of this Act.” (3) Revise

16 USC 450bb note.

 section 4 to read as follows:

“In addition

Appropriation.

to such sums as have heretofore been appropriated, there are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, but not more than $1,300,000 for the acquisition of lands and interests in lands, and not more than $8,690,000 for development.”
Approved October 24, 1974.
Public Law 93–467: Granting the consent of Congress to the Cumbres and Toltec Scenic Railroad Compact. Public Law 467 Public Law 93–467 88 Stat. 1421 1974-10-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public 88 Stat. 1421 Public Law 93–467
An Act Granting the consent of Congress to the Cumbres and Toltec Scenic Railroad Compact.

October 24, 1974

[S. 2362]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Cumbres and Toltec Scenic Railroad Compact.

Consent of Congress.
That the consent of Congress is hereby given to the Cumbres and Toltec Railroad Compact as agreed to by the States of Colorado and New Mexico, which compact is as follows:
“cumbres and toltec scenic railroad compact “The State of New Mexico and the State of Colorado, desiring to provide for the joint acquisition, ownership, and control of an interstate narrow gauge scenic railroad, known as the Cumbres and Toltec Scenic Railroad, within Rio Arriba County in New Mexico and Archuleta and Conejos Counties in Colorado, to promote the public welfare by encouraging and facilitating recreation and by preserving, as a living museum for future generations, a mode of transportation that helped in the development and promotion of the territories and States, and to remove all clauses of present and future controversy between them with respect thereto, and being moved by considerations of interstate comity, have agreed upon the following articles:
“Article I “The States of New Mexico and Colorado agree jointly to acquire, own and make provision for the operation of the Cumbres and Toltec Scenic Railroad.
“Article II “The States of New Mexico and Colorado hereby ratify and affirm the agreement of July 1, 1970, entered between the railroad authorities of the States.
“Article III “The States of New Mexico and Colorado agree to make such amendments to the July 1, 1970, agreement and such other contracts, leases, franchises, concessions, or other agreements as may hereafter appear to both States to be necessary and proper for the control, operation, or disposition of the said railroad.
“Article IV “The States of New Mexico and Colorado agree to the consideration of the enactment of such laws or constitutional amendments exempting the said railroad or its operations from various laws of both States as both States shall hereafter mutually find necessary and proper.
“Article V “Nothing contained herein shall be construed so as to limit, abridge, or affect the jurisdiction or authority, if any, of the Interstate Commerce Commission over the said railroad, or the applicability, if any, of the tax laws of the United States to the said railroad or its operation.”.
Sec. 2. The right to alter, amend, or repeal this Act is expressly reserved.
Approved October 24, 1974.
Public Law 93–468: To increase the limit on dues for United States membership in the International Criminal Police Organization Public Law 468 Public Law 93–468 88 Stat. 1422 1974-10-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public 88 Stat. 1422 Public Law 93–468
An Act To increase the limit on dues for United States membership in the International Criminal Police Organization

October 24, 1974

[H. R. 14597]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

International Criminal Police Organization.
That the Act of June 10, 1938, as amended (22 U.S.C. 263a), is further amended by deleting “$80,000” and inserting in lieu thereof “$120,000”.
Sec. 2. The Secretary of the Treasury is authorized to pay to the International Criminal Police Organization the unpaid balance of the dues for the calendar year 1973. There is authorized to be appropriated not to exceed $30,000 to carry out the provisions of this section.
Approved October 24, 1974.
Public Law 93–469: To extend the time limit for the award of certain military decorations. Public Law 469 Public Law 93–469 88 Stat. 1422 1974-10-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public Public Law 93–469
An Act To extend the time limit for the award of certain military decorations.

October 24, 1974

[H. R. 15148]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Military decorations.

10 USC prec. 3741 note.
That, notwithstanding any other provision of law, a decoration or device in lieu of decoration which, prior to the date of enactment of this Act, has been authorized by Congress to be awarded to any person for an act, achievement, or service performed while on active duty in the Armed Forces of the United States, or while serving with such forces, may be awarded at any time not later than two years after the date of enactment of this Act for any such act or service performed in direct support of military operations in Southeast Asia between July 1, 1958, and March 28, 1973, inclusive, if written recommendation for the award of the decoration, or device in lieu of decoration, is made not later than one year subsequent to the date of enactment of this Act.
Approved October 24, 1974.
Public Law 93–470: To suspend the duty on synthetic rutile until the close of June 30, 1977. Public Law 470 Public Law 93–470 88 Stat. 1422 1974-10-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public Public Law 93–470
An Act To suspend the duty on synthetic rutile until the close of June 30, 1977.

October 26, 1974

[H. R. 11830]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Synthetic rutile.

Duty suspension, extension.
That subpart B of part 1 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting after item 911.16 the following new item:
“ 911.25 Synthetic rutile (provided for in item 603.70, pt. 1, schedule 6) Free No Change On or before 6/30/77 ”.
Sec. 2. The

Effective date.

19 USC 1202 note.

 amendment made by the first section of this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act.
Approved October 26, 1974.
Public Law 93–471: To reorganize public postsecondary education in the District of Columbia, establish a Board of Trustees, authorize and direct the Board of Trustees to consolidate the existing local institutions of public postsecondary education into a single Land-Grant University of the District of Columbia, direct the Board of Trustees to administer the University of the District of Columbia, and for other purposes. Public Law 471 Public Law 93–471 88 Stat. 1422 1974-10-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public 88 Stat. 1423 Public Law 93–471
An Act To reorganize public postsecondary education in the District of Columbia, establish a Board of Trustees, authorize and direct the Board of Trustees to consolidate the existing local institutions of public postsecondary education into a single Land-Grant University of the District of Columbia, direct the Board of Trustees to administer the University of the District of Columbia, and for other purposes.

October 26, 1974

[H. R. 15643]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

District of Columbia Public Postsecondary Education Reorganization Act.
TABLE OF CONTENTS TITLE I—Sec. 101. Sec. 102. Sec. 103. TITLE II—Sec. 201. Sec. 202. Sec. 203. Sec. 204. Sec. 205. Sec. 206. Sec. 207. Sec. 208. Sec. 209. TITLE III—Sec. 301. TITLE IV—Sec. 401. Sec. 402. Sec. 403. Sec. 404. Sec. 405. Sec. 406. Sec. 407.
<num value="I">TITLE I—</num> <heading class="centered">SHORT TITLE, PURPOSES, AND DEFINITIONS</heading> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">short title</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content>This Act may be cited as the “<shortTitle role="act">District of Columbia Public<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/31/1701">D.C. Code 31–1701 note</ref>.</p></sidenote> Postsecondary Education Reorganization Act</shortTitle>”.</content> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">statement of purpose</heading> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <content>It is the intent of Congress to authorize a public land-grant<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/31/1701">D.C. Code 31–1701</ref>.</p></sidenote> university through the reorganization of the existing local institutions of public postsecondary education in the District of Columbia. It is the clear and specific intent of the Congress that vocational and technological education, as well as liberal arts, sciences, teacher education, and graduate and postgraduate studies, within the University be given at all times its proper priority in terms of funding with other units within the University, and that the land-grant funds be utilized by the University in accordance with the provisions of the Act of July 2, 1862 (7 U.S.C. 301–305, 307, 308) (known as the First Morrill Act).</content> </section> </section> <page identifier="/us/stat/88/1424">88 <inline class="smallCaps">Stat</inline>. 1424</page> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">definitions</heading> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <chapeau>For<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/31/1702">D.C. Code 31–1702</ref>.</p></sidenote> the purposes of this Act—</chapeau> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>The term “Trustees” means the Board of Trustees established under title II of this Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The term “President” means the chief executive and administrative officer of the University.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The term “University” means the University of the District of Columbia authorized and directed to be established under title II of this Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>The term “Provost” means the academic and administrative head of each of the several colleges of the University.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>The term “Mayor” means the Mayor of the District of Columbia established<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/1/121">D.C. Code 1–121 note</ref>.</p></sidenote> by section 421 of the District of Columbia Self-Government and Governmental Reorganization Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>The term “Council” means the Council of the District of Columbia established by section 401 of the District of Columbia Self- Government and Governmental Reorganization Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <content>The term “Board of Higher Education” means the Board of Higher Education established under section 102 of the District of Columbia Public Education Act (D.C. Code, sec. 31–1602).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="h">(h) </num> <content>The term “Vocational Board” means the Board of Vocational Education established under section 202 of the District of Columbia Public Education Act (D.C. Code, sec. 31–1622).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="i">(i) </num> <content>The term “Board” means the District of Columbia Board of Education established under section 303 of the Elected-Board of Education<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/stat/82/101">82 Stat. 101</ref>.</p></sidenote> Act (D.C. Code, sec. 31–101).</content> </subsection> <subsection class="indent0 fontsize10"> <num value="j">(j) </num> <content>The term “financial institution” means an insured bank as defined<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t12/s1813">12 USC 1813</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t12/s1724">12 USC 1724</ref>.</p></sidenote> in section 3 of the Federal Deposit Insurance Act, or a savings and loan association as defined in section 401 of the National Housing Act.</content> </subsection> </section> </section> <num value="II">TITLE II—</num> <heading class="centered">BOARD OF TRUSTEES</heading> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">membership</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"><num value="a">(a) </num> <chapeau>There<sidenote><p class="indent0 firstIndent0 fontsize8">University of the District of Columbia.</p><p class="indent0 firstIndent0 fontsize8">Establishment.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/31/1711">D.C. Code 31–1711</ref>.</p></sidenote> is hereby authorized to be established a University of the District of Columbia, which shall be an independent agency of the District of Columbia government, and which shall be governed by a Board of Trustees consisting of fifteen members selected according to the provisions of this section:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>Twelve members nominated by the Mayor, one of whom shall be a full-time student at the District of Columbia Teachers College, or the Federal City College, or the Washington Technical Institute. Except for the student member, the nominees under this subsection shall be subject to Council confirmation.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>One member of the Trustees appointed by the Alumni Association of the District of Columbia Teachers College, with notice thereof to the Mayor within forty-five days after the effective date of this Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>One member of the Trustees appointed by the Alumni Association of the Federal City College, with notice thereof to the Mayor within forty-five days after the effective date of this Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>One member of the Trustees appointed by the Alumni Association of the Washington Technical Institute, with notice thereof to the Mayor within forty-five days after the effective date of this Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content>In the event the alumni associations referred to in subsections (2), (3), and (4) of this section fail to submit an appointee within the time specified, the Mayor shall make the appointment.</content> </paragraph> <page identifier="/us/stat/88/1425">88 <inline class="smallCaps">Stat</inline>. 1425</page> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content>As the initial terms of the alumni members expire, the three<sidenote><p class="indent0 firstIndent0 fontsize8">Terms.</p></sidenote> alumni trustees shall be appointed by the Alumni Association of the University or the Mayor if no alumni association of such University exists.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>All nominations and appointments under this section shall be made not later than August 2, 1975. The terms of the members of existing Boards shall terminate on the day that the Trustees announce the consolidation has been effectuated, but in no event shall the terms terminate later than June 30, 1976.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>The Trustees shall hold the first meeting no later than September 2, 1975. The first meeting of the Trustees shall be convened by a member of the Trustees designated by the Mayor.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>The student member of the Trustees shall serve a one-year term of office; all other Trustees may be selected to serve one successive term.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>The terms of nonstudent Trustees shall be determined by lots cast at the first meeting of the Trustees, with the initial lots to provide:</content> </subsection> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>three shall serve terms of two years;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>three shall serve terms of three years;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>three shall serve terms of four years; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>five shall serve terms of five years.</content> </paragraph> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>Any Trustee selected to fill a vacancy shall be selected only for<sidenote><p class="indent0 firstIndent0 fontsize8">Vacancies.</p></sidenote> the remainder of the term for which his predecessor was selected and in the same manner as the original selection. A Trustee may serve after the expiration of his term until his successor has qualified to take office.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <content>A Chairman and Vice Chairman (1) shall be selected by the Trustees from among the District of Columbia resident members, (2) shall serve a one-year term as Chairman or Vice Chairman, (3) may be reappointed, and (4) cannot serve in such capacity beyond their term as member.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="h">(h) </num> <content>All members selected to the Trustees shall have been residents<sidenote><p class="indent0 firstIndent0 fontsize8">Residency.</p></sidenote> of the District of Columbia for the twelve consecutive months preceding the date of their selection except that the Mayor may nominate not more than four persons to the Trustees who are not residents of the District of Columbia if, in his judgment, their nominations would enhance the Trustees.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="i">(i) </num> <content>Members of the Trustees may be employees of the United States or of the District of Columbia government, unless they hold positions in clear conflict of interest.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="j">(j) </num> <content>The president of the University shall be an ex officio member of the Trustees.</content> </subsection> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">suspension and removal</heading> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content>Any Trustee shall be automatically suspended from serving<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/31/1712">D.C. Code 31–1712</ref>.</p></sidenote> as such member after he has been found guilty of a felony by a court of competent jurisdiction. Upon a final determination of his guilt or innocence, the term of such member shall automatically terminate or be reinstated.</content> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">compensation</heading> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <content>Trustees shall serve without compensation, but may be<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/31/1713">D.C. Code 31–1713</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> reimbursed for their expenses, including per diem in lieu of subsistence, at the maximum rate equal to the daily equivalent provided for by grade 18 of the General Schedule established under section 5332 of title 5 of the United States Code, with a limit of $4,000 per annum, while actually engaged in service for the Trustees.</content> </section> </section> <page identifier="/us/stat/88/1426">88 <inline class="smallCaps">Stat</inline>. 1426</page> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">the university of the district of columbia</heading> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <content>The<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/31/1714">D.C. Code 31–1714</ref>.</p></sidenote> Trustees shall, by June 30, 1976, consolidate the existing public institutions of postsecondary education in the District of Columbia into a single institution to be called the University of the District of Columbia, with several schools, colleges, institutes, campuses, and units that offer a comprehensive program of public postsecondary education. The institutions of public postsecondary education in the District of Columbia existing immediately prior to such consolidation shall be deemed abolished on the effective date of the consolidation. Thereafter, any reference in any law, rule, regulation, or other document of the United States or of the District of Columbia to such institutions shall be deemed to be a reference to the University of the District of Columbia.</content> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">duties of the board of trustees</heading> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <chapeau>It<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/31/1715">D.C. Code 31–1715</ref>.</p></sidenote> shall be the duty of the Trustees to—</chapeau> <subsection class="indent0 fontsize10"> <num value="a">(a) </num> <content>Review the existing public institutions of postsecondary education with respect to (1) accreditation, (2) present programs and functions, and (3) actual and potential capabilities. Those institutions and programs within such institutions that are determined to be sound and valid shall be used as a basis for the several schools, colleges, institutes, campuses, and units of the University, which shall include but not be limited to programs of science and technology, including but not limited to environmental sciences, liberal and fine arts, vocational and technical education and professional studies, including graduate programs, and postgraduate programs.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>Establish or approve policies and procedures governing admissions, curriculums, programs, graduation, the awarding of degrees, and general policymaking for the units of the University.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Prepare<sidenote><p class="indent0 firstIndent0 fontsize8">Budget.</p></sidenote> and submit to the Mayor, on a date fixed by the Mayor, an annual budget for the fiscal year beginning July 1, 1977. Such budget shall include a proposed financial operating plan for such fiscal year, and a capital and educational improvements plan for such fiscal year and the succeeding four fiscal years for the University. The Mayor and the Council shall establish the maximum amount of funds which will be allocated to the Trustees for Higher Education, but may not specify the purposes for which such funds may be expended or the amount of such funds which may be expended for the various programs under the jurisdiction of the Trustees.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>The<sidenote><p class="indent0 firstIndent0 fontsize8">Transfer of appropriations.</p></sidenote> Trustees may transfer, during the fiscal year, any appropriation balance available for one item of appropriation to another item of appropriation or to a new program, in an amount not to exceed $50,000.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>Enter into negotiations and binding contracts pursuant to Council regulations regarding contracting with the governments of the United States and District of Columbia and other public and private agencies to render and receive services.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="f">(f) </num> <content>Enter into negotiations and binding contracts pursuant to Council regulations to perform organized research, training, and demonstrations on a reimbursable basis for the United States and the government of the District of Columbia and other public and private agencies.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="g">(g) </num> <content>Fix<sidenote><p class="indent0 firstIndent0 fontsize8">Tuition.</p></sidenote> tuition for students attending the University with tuition charges to nonresidents being fixed as far as is feasible in amounts comparable to nonresident charges made by similar institutions.</content> </subsection> <page identifier="/us/stat/88/1427">88 <inline class="smallCaps">Stat</inline>. 1427</page> <subsection class="indent0 fontsize10"> <num value="h">(h) </num> <content>Fix fees, in addition to tuition, to be paid by resident and<sidenote><p class="indent0 firstIndent0 fontsize8">Fees.</p></sidenote> nonresident students attending the University. Receipts from these fees shall be deposited in a revolving fund in one or more financial institutions in the District of Columbia, and shall be available, when appropriated, for such purposes as the Trustees shall approve, without fiscal year limitation.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="i">(i) </num> <content>Select, appoint, and fix the compensation for a President<sidenote><p class="indent0 firstIndent0 fontsize8">Compensation.</p></sidenote> of the University and Provosts of the units of the University, and approve the appointment and compensation of such other officers as it deems necessary, including legal counsel, except that in no case shall any such compensation be fixed in an amount in excess of that provided for the Mayor unless specifically authorized by legislative act of the Council.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="j">(j) </num> <content>Procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code, but at daily rates for individuals not in excess of the maximum daily rate for GS–18 of the General Schedule under section 5332 of such title<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote>.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="k">(k) </num> <content>Develop and define a policy governing academic freedom for the University and establish mechanisms to ensure its enforcement.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="l">(l) </num> <content>Perform such other duties as may be necessary to carry out the purposes of this Act.</content> </subsection> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">personnel system</heading> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <subsection class="inline"><num value="a">(a) </num> <content>Notwithstanding any other provision of law, the<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/31/1716">D.C. Code 31–1716</ref>.</p></sidenote> Trustees are hereby authorized to establish, not earlier than one year and not later than five years after the effective date of this section, a personnel system (setting forth minimum standards) for all employees of units, facilities, and programs of the University, including, but not limited to, pay, contract terms, leave, residence, retirement, health and life insurance, employee disability, and death benefits, all at least equal to those provided by legislation enacted by Congress, or regulations adopted pursuant thereto, and applicable to such officers and employees immediately prior to the effective date of the system established pursuant to this section. Any provision in the personnel system established by the Trustees under this section requiring employees to be residents of the District of Columbia shall apply only to employees hired after the effective date of such system.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The personnel policies of the Trustees shall incorporate Executive Order Numbered 70–229 of the Commissioner of the District of Columbia, as implemented by chapter 25A of the District Personnel Manual, or similar policies developed by the Trustees to guarantee collective-bargaining rights of employees subject to this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>Personnel legislation in effect prior to the establishment by the Trustees of such system, including without limitation, legislation relating to appointments, promotions, discipline, separation pay, unemployment compensation, health disability and death benefits, leave, retirement, insurance, and veterans preference applicable to such employees, shall continue to be applicable until such time as the Trustees shall, pursuant to this section, provide for coverage under a new personnel system.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>All actions affecting such personnel and such members shall, until such time as a personnel system is established by the Trustees superseding such laws and establishing a permanent personnel system for all employees of the University continue to be subject to the provisions of Acts of Congress relating to the appointment, promotion, discipline, separation, and other conditions of employment applicable to officers and employees of the District government, and where appli-<page identifier="/us/stat/88/1428">88 <inline class="smallCaps">Stat</inline>. 1428</page>cable, to the provisions of the joint agreement between the Commissioners and the Civil Service Commission authorized by Executive Order Numbered 5491 of November 18, 1930, relating to the appointment of District personnel.</content> </subsection> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">transfer op functions, assets, and liabilities</heading> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num> <content>The<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/31/1717">D.C. Code 31–1717</ref>.</p></sidenote> Board of Higher Education and the Vocational Board shall be abolished on the day the Trustees announce that the consolidation has been effectuated, but in no event shall the Boards be abolished later than June 30, 1976. Except as provided by this Act all functions, powers, and duties of the Board of Higher Education and the Vocational Board under the District of Columbia Public Education Act of 1966 (D.C. Code, sec. 31–1601) shall be vested in and exercised by the Trustees. All employees, property (real and personal), and unexpended balances (available or to be made available) of appropriations, allocations, and all other funds and assets and liabilities of the Board of Higher Education and Vocational Board are authorized to be transferred to the Trustees, except the functions of licensing institutions to confer degrees as authorized by Public Law 89–791 (D.C. Code, sec. 29–415).</content> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">establishment of land-grant university</heading> <section class="firstIndent1 fontsize10"> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num> <subsection class="inline"><num value="a">(a) </num> <chapeau>In<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/31/1718">D.C. Code 31–1718</ref>.</p></sidenote> the administration of—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>the Act of August 30, 1890 (7 U.S.C. 321–326, 328)(known as the Second Morrill Act),</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>the tenth paragraph under the heading “Emergency Appropriations” in the Act of March 4, 1907 (7 U.S.C. 322)(known as the Nelsen amendment),</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>section 22 of the Act of June 29, 1935 (7 U.S.C. 329)(known as the Bankhead-Jones Act),</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>the Act of March 4, 1940 (7 U.S.C. 331), and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content>the Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627), the University shall be considered to be a university established for the benefit of agriculture and the mechanic arts in accordance with the provisions of the Act of July 2, 1862 (7 U.S.C. 301–305, 307, 308)(known as the First Morrill Act); and the term “State” as used in the laws and provisions of law listed in the preceding paragraphs of this section shall include the District of Columbia.</content> </paragraph> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>In the administration of the Act of May 8, 1914 (7 U.S.C. 341–346, 347a–349)(known as the Smith-Lever Act)—</content> </subsection> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>the University shall be considered to be a university established for the benefit of agriculture and the mechanic arts in accordance with the provisions of the Act of July 2, 1862 (7 U.S.C. 301–305, 307, 308); and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>the term “State” as used in such Act of May 8, 1949, shall include the District of Columbia, except that the District of Columbia shall not be eligible to receive any sums appropriated under section 3 of such Act.</content> </paragraph> <subsection class="indent0 fontsize10"> <num value="c">(c) </num> <content>In lieu of an authorization of appropriations for the District of Columbia under section 3 of such Act of May 8, 1914, there is authorized to be appropriated such sums as may be necessary to provide cooperative agricultural extension work in the District of Columbia under such Act. Such sums may be used to pay no more than one-half of the total cost of providing such extension work. Any reference in such Act (other than section 3 thereof) to funds appropriated under such Act shall in the case of the District of Columbia be considered a reference to funds appropriated under this subsection.</content> </subsection> <page identifier="/us/stat/88/1429">88 <inline class="smallCaps">Stat</inline>. 1429</page> <subsection class="indent0 fontsize10"> <num value="d">(d) </num> <content>Four per centum of the sums appropriated under subsection (c) for each fiscal year shall be allotted to the Federal Extension Service of the Department of Agriculture for administrative, technical, and other services provided by the Service in carrying out the purposes of this section.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="e">(e) </num> <content>The second sentence of the first section of the Act of March 2, 1887 (7 U.S.C. 361a–361i) is amended by inserting “<quotedText>(including the District of Columbia)</quotedText>” immediately after “<quotedText>the several States</quotedText>”.</content> </subsection> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">state consent</heading> <section class="firstIndent1 fontsize10"> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num> <content>The enactment of this Act shall, as respects the District<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/31/1719">D.C. Code 31–1719</ref>.</p></sidenote> of Columbia, be deemed to satisfy any requirement of State consent contained in any of the laws or provisions of law referred to in section 208.</content> </section> </section> <num value="III">TITLE III—</num> <heading class="centered">AUTHORIZATIONS</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <subsection class="inline"><num value="a">(a) </num> <content>There are authorized to be appropriated out of any<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/31/1721">D.C. Code 31–1721</ref>.</p></sidenote> money in the Treasury to the credit of the District of Columbia such sums as may be necessary for carrying out the purpose of this Act.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The President is authorized to provide for the expenditure in amounts not to exceed $2,000 of funds for such purposes as may be deemed necessary within limits that may be specified in annual appropriations. The President shall be personally responsible for the expenditure of appropriations made pursuant to this section, and such expenditures shall be supported by voucher’s and shall be audited by the District of Columbia Auditor.</content> </subsection> </section> <num value="IV">TITLE IV—</num> <heading class="centered">MISCELLANEOUS</heading> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">meetings</heading> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <content>Meetings may be called by the Chairman or a majority<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/31/1731">D.C. Code 31–1731</ref>.</p></sidenote> of the members of the Trustees. No official action may be taken by the Trustees except at a meeting of the Trustees at which a quorum is present. Eight members shall constitute a quorum but a lesser number may hold hearings. Each meeting of the Trustees shall be open to the public and held in the District of Columbia with appropriate notice of each such meeting given to the general public, except a majority of the Trustees may elect to go into executive session to take action on personnel matters.</content> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">meetings</heading> <section class="firstIndent1 fontsize10"> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <content>The Trustees shall appoint such advisory committees as<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/31/1732">D.C. Code 31–1732</ref>.</p></sidenote> necessary to advise on educational policy. Such advisory committees may consist of members of the Trustees, students, faculty members, parents, governmental, educational, business, industrial, labor, and community representatives.</content> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">gifts and contributions</heading> <section class="firstIndent1 fontsize10"> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num> <content>The Trustees may accept services and moneys, including<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/31/1733">D.C. Code 31–1733</ref>.</p></sidenote> gifts or endowments, from any source whatsoever, for use in carrying out the purposes of this Act. Such moneys, including income derived from any such gift or endowment, shall be deposited in the Treasury of the United States to the credit of a trust fund account which is hereby authorized and may be invested and reinvested as trust funds of the District of Columbia. The disbursement of the moneys from such trust funds, when appropriated, shall be in such amounts, to such<page identifier="/us/stat/88/1430">88 <inline class="smallCaps">Stat</inline>. 1430</page> extent, and in such manner as the Trustees, in their judgment, may determine necessary to carry out the purposes of this Act.</content> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">annual report</heading> <section class="firstIndent1 fontsize10"> <num value="404"><inline class="smallCaps">Sec</inline>. 404. </num> <content>The<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/31/1734">D.C. Code 31–1734</ref>.</p></sidenote> Trustees shall make an annual report to the Congress, Mayor, Council, and the general public, on November 1 of each year, on the operation of programs and the expenditure of all funds for public higher education in the District of Columbia.</content> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">new authority granted board of education</heading> <section class="firstIndent1 fontsize10"> <num value="405"><inline class="smallCaps">Sec</inline>. 405. </num> <subsection class="inline"><num value="a">(a) </num> <content>The<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/31/1735">D.C. Code 31–1735</ref>.</p></sidenote> Board may transfer, during the fiscal year, any appropriation balance available for one item of appropriation to another item of appropriation or to a new program, in an amount not to exceed $50,000.</content> </subsection> <subsection class="indent0 fontsize10"> <num value="b">(b) </num> <content>The Board may enter into negotiations and binding contracts pursuant to Council regulations regarding contracting with the governments of the United States and District of Columbia and other public and private agencies to render and receive services.</content> </subsection> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">authority of council</heading> <section class="firstIndent1 fontsize10"> <num value="406"><inline class="smallCaps">Sec</inline>. 406. </num> <content>Notwithstanding<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/31/1736">D.C. Code 31–1736</ref>.</p></sidenote> any other provision of law, or any rule of law, nothing in this Act shall be construed as limiting the authority of the Council to enact any act or resolution, after January 2, 1975, pursuant to the District of Columbia Self-Government and Governmental Reorganization Act with respect to any matter covered by this Act.</content> </section> </section> <section class="firstIndent1 fontsize10"> <heading class="smallCaps centered">effective date</heading> <section class="firstIndent1 fontsize10"> <num value="407"><inline class="smallCaps">Sec</inline>. 407. </num> <content>This<sidenote><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/31/1701">D.C. Code 31–1701 note</ref>.</p><p class="indent0 firstIndent0 fontsize8"><ref href="/us/dcc/1/121">D.C. Code 1–121 note</ref>.</p></sidenote> Act shall take effect July 1, 1975, unless the Council, after January 2, 1975, adopts legislation, in accordance with the District of Columbia Self-Government and Governmental Reorganization Act, repealing this Act prior to July 1, 1975. In any case in which the Council adopts any such legislation amending or otherwise modifying this Act (other than its repeal), the foregoing provisions of this Act as so amended or modified shall take effect on July 1, 1975, unless the Council provides, by such legislation, for an effective date other than that provided by this section, in which case this Act, as so amended or modified take effect on the date prescribed by such legislation of the Council.</content> </section> </section> Approved October 26, 1974.
Public Law 93–472: To extend for one year the authorization for appropriations to implement title I of the Marine Protection, Research, and Sanctuaries Act of 1972. Public Law 472 Public Law 93–472 88 Stat. 1430 1974-10-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public Public Law 93–472
An Act To extend for one year the authorization for appropriations to implement title I of the Marine Protection, Research, and Sanctuaries Act of 1972.

October 26, 1974

[H. R. 15540]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 111 of the Marine Protection, Research, and Sanctuaries Act of 1972

33 USC 1420.

 (Public Law 92–532; 86 Stat. 1052) is amended by striking “fiscal year 1974,” and inserting in lieu thereof “fiscal years 1974 and 1975,”.
Approved October 26, 1974.
Public Law 93–473: To authorize a vigorous Federal program of research, development, and demonstration to assure the utilization of solar energy as a viable source for our national energy needs, and for other purposes. Public Law 473 Public Law 93–473 88 Stat. 1431 1974-10-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public 88 Stat. 1431 Public Law 93–473
An Act To authorize a vigorous Federal program of research, development, and demonstration to assure the utilization of solar energy as a viable source for our national energy needs, and for other purposes.

October 26, 1974

[S. 3234]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Solar Energy Research, Development, and Demonstration Act of 1974.

42 USC 5551 note.
That this Act may be cited as the “Solar Energy Research, Development, and Demonstration Act of 1974”.
declaration of findings and policy
Sec. 2. (a) The Congress hereby finds that

42 USC 5551.

— (1) the needs of a viable society depend on an ample supply of energy; (2) the current imbalance between domestic supply and demand for fuels and energy is likely to persist for some time; (3) dependence on nonrenewable energy resources cannot be continued indefinitely, particularly at current rates of consumption; (4) it is in the Nation’s interest to expedite the long-term development of renewable and nonpolluting energy resources, such as solar energy; (5) the various solar energy technologies are today at widely differing stages of development, with some already near the stage of commercial application and others still requiring basic research; (6) the early development and export of viable equipment utilizing solar energy, consistent with the established preeminence of the United States in the field of high technology products, can make a valuable contribution to our balance of trade; (7) the mass production and use of equipment utilizing solar energy will help to eliminate the dependence of the United States upon foreign energy sources and promote the national defense; (8) to date, the national effort in research, development, and demonstration activities relating to the utilization of solar energy has been extremely limited; therefore (9) the urgency of the Nation’s critical energy shortages and the need to make clean and renewable energy alternatives commercially viable require that the Nation undertake an intensive research, development, and demonstration program with an estimated Federal investment which may reach or exceed $1,000,000,000. (b) The Congress declares that it is the policy of the Federal Government to— (1) pursue a vigorous and viable program of research and resource assessment of solar energy as a major source of energy for our national needs; and (2) provide for the development and demonstration of practicable means to employ solar energy on a commercial scale.
definitions
Sec. 3. For the purposes of this Act

42 USC 5552.

— (1) the term “solar energy” means energy which has recently originated in the Sun, including direct and indirect solar radiation and intermediate solar energy forms such as wind, sea thermal gradients, products of photosynthetic processes, organic wastes, and others; 88 Stat. 1432 (2) the term “byproducts” includes, with respect to any solar energy technology or process, any solar energy products (including energy forms) other than those associated with or constituting the primary product of such technology or process; (3) the term “insolation” means the rate at which solar energy is received at the surface of the Earth; (4) the term “Project” means the Solar Energy Coordination and Management Project; and (5) the term “Chairman” means the Chairman of the Project.
solar energy coordination and management project
Sec. 4. (a) There

Establishment.

42 USC 5553.

 is hereby established the Solar Energy Coordination and Management Project. (b) (1) The Project shall be composed of six members as follows: (A) an Assistant Director of the National Science Foundation; (B) an Assistant Secretary of Housing and Urban Development; (C) a member of the Federal Power Commission; (D) an Associate Administrator of the National Aeronautics and Space Administration; (E) the General Manager of the Atomic Energy Commission; and (F) a member to be designated by the President. (2) The President shall designate one member of the Project to serve as Chairman of the Project. (3) If the individual designated under paragraph (1)(F) is an officer or employee of the Federal Government, he shall receive no additional pay on account of his service as a member of the Project. If such individual is not an officer or employee of the Federal Government, he shall be entitled to receive the daily equivalent of the annual rate of basic pay in effect for level IV of the Executive Schedule (5 U.S.C. 5315) for each day (including traveltime) during which he is engaged in the actual performance of duties vested in the Project. (c) The Project shall have overall responsibility for the provision of effective management and coordination with respect to a national solar energy research, development, and demonstration program, including— (1) the determination and evaluation of the resource base, including its temporal and geographic characteristics; (2) research and development on solar energy technologies; and (3) the demonstration of appropriate solar energy technologies. (d) (1) The Project shall carry out its responsibilities under this section in cooperation with the following Federal agencies: (A) the National Science Foundation, the responsibilities of which shall include research; (B) the National Aeronautics and Space Administration, the responsibilities of which shall include the provision of management capability and the development of technologies; (C) the Atomic Energy Commission, the responsibilities of which shall include the development of technologies; (D) the Department of Housing and Urban Development, the responsibilities of which shall include fostering the utilization of solar energy for the heating and cooling of buildings, pursuant to the Solar Heating and Cooling Demonstration Act of 1974

42 USC 5501 note.

 (P.L. 93–409; 88 Stat. 1069); and (E) the Federal Power Commission, the responsibilities of which shall include fostering the utilization of solar energy for88 Stat. 1433 the generation of electricity and for the production of synthetic fuels. (2) Upon request of the Chairman, the head of any such agency is authorized to detail or assign, on a reimbursable basis or otherwise, any of the personnel of such agency to the Project to assist it in carrying out its responsibilities under this Act. (e) The Project shall have exclusive authority with respect to the establishment or approval of programs or projects initiated under this Act, but the agency involved in any particular program or project shall be responsible for the operation and administration of such program or project. (f) The National Aeronautics and Space Administration is authorized to undertake and carry out those programs assigned to it by the Project.
resource determination and assessment
Sec. 5. (a) The Chairman shall initiate a solar energy resource determination

42 USC 5554.

 and assessment program with the objective of making a regional and national appraisal of all solar energy resources, including data on insolation, wind, sea thermal gradients, and potentials for photosynthetic conversion. The program shall emphasize identification of promising areas for commercial exploitation and development. The specific goals shall include— (1) the development of better methods for predicting the availability of all solar energy resources, over long time periods and by geographic location; (2) the development of advanced meteorological, oceanographic, and other instruments, methodology, and procedures necessary to measure the quality and quantity of all solar resources on periodic bases; (3) the development of activities, arrangements, and procedures for the collection, evaluation, and dissemination of information and data relating to solar energy resource assessment. (b) The Chairman, acting through the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, and other appropriate agencies, shall— (1) develop and carry out a general plan for inventorying all

Solar energy resources inventory plan.

 forms of solar energy resources associated with Federal lands and (where consistent with property rights) non-Federal lands; (2) conduct regional surveys based upon such general plan, using innovative meteorological, oceanographic, and space-related techniques, in sufficient numbers to lead to a national inventory of solar energy resources in the United States; (3) publish and make available maps, reports, and other documents

Maps and reports, publication.

 developed from such surveys to encourage and facilitate the commercial development of solar energy resources; and (4) make such recommendations for legislation as may appear to be necessary to establish policies for solar resources involving Federal lands and waters, consistent with known inventories of various resource types, with the state of technologies for solar energy development, and with evaluation of the environmental impacts of such development.
research and development
Sec. 6. (a) The Chairman shall initiate a research and development

42 USC 5555.

 program for the purpose of resolving the major technical problems inhibiting commercial utilization of solar energy in the United States. 88 Stat. 1434 (b) In connection with or as a part of such program, the Chairman shall— (1) conduct, encourage, and promote scientific research and studies to develop effective and economical processes and equipment for the purpose of utilizing solar energy in an acceptable manner for beneficial uses; (2) carry out systems, economic, social, and environmental studies to provide a basis for research, development and demonstration planning and phasing; and (3) perform or cause to be performed technology assessments relevant to the utilization of solar energy. (c) The specific solar energy technologies to be addressed or dealt with in the program shall include— (1) direct solar heat as a source for industrial processes, including the utilization of low-level heat for process and other industrial purposes; (2) thermal energy conversion, and other methods, for the generation of electricity and the production of chemical fuels; (3) the conversion of cellulose and other organic materials (including wastes) to useful energy or fuels; (4) photovoltaic and other direct conversion processes; (5) sea thermal gradient conversion; (6) windpower conversion; (7) solar heating and cooling of housing and of commercial and public buildings; and (8) energy storage.
demonstration
Sec. 7. (a) The

42 USC 5556.

 Chairman is authorized to initiate a program to design and construct, in specific solar energy technologies (including, but not limited to, those listed in section (6)(c), facilities or powerplants of sufficient size to demonstrate the technical and economic feasibility of utilizing the various forms of solar energy. The specific goals of such programs shall include— (1) production of electricity from a number of powerplants, on the order of one to ten megawatts each; (2) production of synthetic fuels in commercial quantities; (3) large-scale utilization of solar energy in the form of direct heat; (4) utilization of thermal and all other byproducts of the solar facilities; (5) design and development of hybrid systems involving the concomitant utilization of solar and other energy sources; and (6) the continuous operation of such plants and facilities for a period of time. (b) For each of the technologies for which a successful and appropriate development program is completed, the Chairman shall make a determination to proceed to demonstration based on criteria including, but not necessarily limited to, the following: (1) the technological feasibility of the project; (2) the costs and benefits of the project, as determined by an economic assessment; (3) the immediate and the potential uses of the solar energy utilized in the project; (4) long-term national need for the technology; (5) environmental impact; 88 Stat. 1435 (6) potential for technology transfer to other applications; and (7) the nature and extent of Federal participation, if any, in the project. (c) In carrying out his responsibilities under this section, the Chairman, acting through the appropriate Federal agencies, may provide for the establishment of one or more demonstration projects utilizing each form of solar energy, which shall include, as appropriate, the specific research, development, pilot plant construction and operation, demonstration plant construction and operation, and other facilities and activities which may be necessary to show commercial viability of the specific solar technology. (d) The Chairman, acting through the appropriate Federal agencies, is authorized to investigate and enter into agreements for the cooperative development of facilities to demonstrate solar technologies. The responsible Federal agency may consider— (1) cooperative agreements with non-Federal entities for construction of facilities and equipment to demonstrate solar energy technologies; and (2) cooperative agreements w4th other Federal agencies for the construction of facilities and equipment and operation of facilities to produce energy for direct Federal utilization. (e) The Chairman, acting through appropriate Federal agencies is authorized to construct and operate demonstration projects without entering into cooperative agreements with respect to such projects, if the Chairman finds that— (1) the nature of the resource, the geographical location, the scale and engineering design of the facilities, the techniques of production, or any other significant factor of the specific demonstration project offers opportunities to make important contributions to the general knowledge of solar resources, the techniques of its development, or public confidence in the technology; and (2) there is no opportunity for cooperative agreements with any non-Federal entity willing and able to cooperate in the demonstration project under subsection (d)(1), and there is no opportunity for cooperative agreements with other Federal agencies under subsection (d)(2). (f) If the estimate of the Federal investment with respect to construction and operation costs of any demonstration project proposed to be established under this section exceeds $20,000,000, no amount may be appropriated for such project except as specifically authorized by legislation hereafter enacted by the Congress. (g) (1) At the conclusion of any demonstration project established under this section, or as soon thereafter as may be practicable, the responsible Federal agencies shall, by sale, lease, or otherwise, dispose of all Federal property interests which they have acquired pursuant to this section in accordance with existing law and the terms of the cooperative agreements involved. (2) The agency involved shall, under appropriate agreements or other arrangements, provide for the disposition of electricity, synthetic fuels, and other byproducts of the project administered by such agency.
solar energy technology utilization
Sec. 8. (a) (1) In carrying out his functions under this Act the

Solar Energy Information Data Bank.

Establishment.

42 USC 5557.

 Chairman, utilizing the capabilities of the National Science Foundation, the National Aeronautics and Space Administration, the Department of Commerce, the Atomic Energy Commission, and other appropriate Federal agencies to the maximum extent possible, shall88 Stat. 1436 establish and operate a Solar Energy Information Data Bank (hereinafter in this subsection referred to as the “bank") for the purpose of collecting, reviewing, processing, and disseminating information and data in all of the solar energy technologies referred to in section 7(c) in a timely and accurate manner in support of the objectives of this Act. (2) Information and data compiled in the bank shall include— (A) technical information (including reports, journal articles, dissertations, monographs, and project descriptions) on solar energy research, development, and applications; (B) similar technical information on the design, construction, and maintenance of equipment utilizing solar energy; (C) general information on solar energy applications to be disseminated for popular consumption; (D) physical and chemical properties of materials required for solar energy activities and equipment; and (E) engineering performance data on equipment and devices utilizing solar energy. (3) In accordance with regulations prescribed under section 12, the Chairman shall provide retrieval and dissemination services with respect to the information described under paragraph (2) for— (A) Federal, State, and local government organizations that are active in the area of energy resources (and their contractors); (B) universities and colleges in their related research and consulting activities; and (C) the private sector upon request in appropriate cases. (4) In carrying out his functions under this subsection, the Chairman shall utilize, when feasible, the existing data base of scientific and technical information in Federal agencies, adding to such data base any information described in paragraph (2) which does not already reside in such base. He shall coordinate or merge this data bank with other Federal energy information data banks as necessary to assure efficient and effective operation. (b) In carrying out his functions under this Act the Chairman shall perform or cause to be performed studies and research on incentives to promote broader utilization and consumer acceptance of solar energy technologies. (c) The Chairman shall enter into such arrangements and take such other steps as may be necessary or appropriate to provide for the effective coordination of solar energy technology utilization with all other technology utilization programs within the Federal Government.
scientific and technical education
Sec. 9. The

42 USC 5558.

 Chairman, acting through the National Science Foundation, is authorized and directed to support programs of education in the sciences and engineering to provide the necessary trained personnel to perform the solar energy research, development, and demonstration activities required under this Act. Such support may include fellowships, traineeships, technical training programs, technologist training programs, and summer institute programs.
solar energy research institute
Sec. 10. (a) There

Establishment.

42 USC 5559.

 is established a Solar Energy Research Institute, which shall perform such research, development, and related functions as the Chairman may determine to be necessary or appropriate in connection with the Project’s activities under this Act or to be otherwise in furtherance of the purpose and objectives of this Act. (b) The Institute may be located (as designated by the Chairman)88 Stat. 1437 at any new or existing Federal laboratory (including a non-Federal laboratory performing functions under a contract entered into with the Project or with any of the agencies represented in the Project as well as a laboratory whose personnel are Federal employees).
international cooperation
Sec. 11. (a) The Chairman, in furtherance of the objectives of this

42 USC 5560.

 Act, is authorized to cooperate and participate jointly with other nations, especially those with agreements for scientific cooperation with the United States, in the following activities: (1) interinstitutional, bilateral, or multilateral research projects in the field of solar energy; and (2) agreements and programs which will facilitate the exchange of information and data relating to solar energy resource assessment and solar energy technologies. (b) The National Science Foundation is authorized to encourage, to the maximum extent practicable and consistent with the other objectives of this Act, international participation and cooperation in the development and maintenance of programs of education to carry out the policy set forth in section 9.
regulations
Sec. 12. The Chairman, in consultation with the heads of the Federal

42 USC 5561.

 agencies having functions under this Act and with other appropriate officers and agencies, shall prescribe such regulations as may be necessary or appropriate to carry out this Act promptly and efficiently. Each such officer or agency, in consultation with the Chairman, may prescribe such regulations as may be necessary or appropriate to carry out his or its particular functions under this Act promptly and efficiently.
annual reports
Sec. 13. The Chairman shall report, on an annual basis, to the President

Report to President and Congress.

42 USC 5562.

 and the Congress all actions taken under the provisions of this Act, all action planned for the ensuing year, and, to the extent practical, a projection of activities and funding requirements, for the ensuing five years. The Chairman also shall recommend, as he deems appropriate, any legislation or reorganization which might further the purposes of this Act.
information to congress
Sec. 14. Notwithstanding any other provision of law, the Chairman

42 USC 5563.

 (or the head of any agency which assumes the functions of the Project pursuant to section 16) shall keep the appropriate committees of the House of Representatives and the Senate fully and currently informed with respect to all activities under this Act.
comprehensive program definition
Sec. 15. (a) The Chairman is authorized and directed to prepare

42 USC 5564.

 a comprehensive program definition of an integrated effort and commitment for effectively developing solar energy resources. The Chairman, in preparing such program definition, shall utilize and consult with the appropriate Federal agencies. State and local government agencies, and private organizations. (b) The Chairman shall transmit such comprehensive program

Transmittal to President and Congress.

 definition to the President and to each House of the Congress. An88 Stat. 1438 interim report shall be transmitted not later than March 1, 1975. The comprehensive program definition shall be transmitted as soon as possible thereafter, but in any case not later than June 30, 1975.
transfer of functions
Sec. 16. Within

42 USC 5565.

 sixty days after the effective date of the law creating a permanent Federal organization or agency having jurisdiction over the energy research and development functions of the United States (or within sixty days after the date of the enactment of this Act if the effective date of such law occurs prior to the date of the enactment of this Act), all of the authorities of the Project and all of the research and development functions (and other functions except those related to scientific and technical education) vested in Federal agencies under this Act along with related records, documents, personnel, obligations, and other items, to the extent necessary or appropriate, shall, in accordance with regulations prescribed by the Office of Management and Budget, be transferred to and vested in such organization or agency.
authorization of appropriations
Sec. 17. To

42 USC 5566.

 carry out the provisions of this Act, there are authorized to be appropriated— (1) for the fiscal year ending June 30, 1976, $75,000,000; (2) for subsequent fiscal years, only such sums as the Congress hereafter may authorize by law; (3) such amounts as may be authorized for the construction of demonstrations pursuant to section 7(f) of this Act; and (4) to the National Science Foundation for the fiscal year ending June 30, 1975, not to exceed $2,000,000 to be made available for use in the preparation of the comprehensive program definition under section 15.
Approved October 26, 1974.
Public Law 93–474: To amend chapter 83 of title 5, United States Code, to eliminate the annuity reduction made, in order to provide a surviving spouse with an annuity, during periods when the annuitant is not married. Public Law 474 Public Law 93–474 88 Stat. 1438 1974-10-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public Public Law 93–474
An Act To amend chapter 83 of title 5, United States Code, to eliminate the annuity reduction made, in order to provide a surviving spouse with an annuity, during periods when the annuitant is not married.

October 26, 1974

[S. 628]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Civil service retirement.

Survivor annuity reduction, elimination.
That section 8339 (j) of title 5, United States Code, is amended by adding at the end thereof the following: “An annuity which is reduced under this subsection or any similar prior provision of law shall, for each full month during which a retired employee or Member is not married, be recomputed and paid as if the annuity had not been so reduced. Upon remarriage of the retired employee or Member, the annuity shall be reduced by the same percentage reductions which were in effect at the time of retirement.”.
Sec. 2. The

5 USC 8339 note.

 amendment made by this Act shall apply to annuities which commence before, on, or after the date of enactment of this Act, but no increase in annuity shall be paid for any period prior to the first day of the first month which begins on or after the date of enactment of this Act.
Approved October 26, 1974.
Public Law 93–475: To authorize appropriations for the Department of State and the United States Information Agency, and for other purposes. Public Law 475 Public Law 93–475 88 Stat. 1439 1974-10-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 1 public 88 Stat. 1439 Public Law 93–475
An Act To authorize appropriations for the Department of State and the United States Information Agency, and for other purposes.

October 26, 1974

[S. 3473]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

State Department/USIA

Authorization Act, Fiscal Year 1975.
That this Act may be cited as the “State Department/USIA Authorization Act, Fiscal Year 1975”.
authorizations of appropriations
Sec. 2. (a) There are authorized to be appropriated for the Department

22 USC 901a note.

 of State for fiscal year 1975, to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States, including trade negotiations, and other purposes authorized by law, the following amounts: (1) for the “Administration of Foreign Affairs”, $370,045,000; (2) for “International Organizations and Conferences”, $229,604,000; (3) for “International Commissions”, $17,832,000; (4) for “Educational Exchange”, $75,000,000; and (5) for “Migration and Refugee Assistance”, $9,420,000. (b) There are authorized to be appropriated for the United States Information Agency for fiscal year 1975, to carry out international informational activities and programs under the United States Information and Educational Exchange Act of 1948, the Mutual

22 USC 1431 note.

22 USC 2451 note.

22 USC 1461 note.

 Education and Cultural Exchange Act of 1941, and Reorganization Plan Numbered 8 of 1953, and other purposes authorized by law, the following amounts: (1) for “Salaries and Expenses” and “Salaries and Expenses (special foreign currency program)”, $228,368,000, except that so much of such amount as may be appropriated for “Salaries and Expenses (special foreign currency program)” may be appropriated without fiscal year limitation; (2) for “Special International Exhibitions”, $6,770,000; and (3) for “Acquisition and Construction of Radio Facilities”, $4,400,000. (c) In addition to amounts otherwise authorized, there are authorized to be appropriated to the Secretary of State for the fiscal year 1975 not to exceed $40,000,000 to carry out the provisions of section 101(b) of the Foreign Relations Authorization Act of 1972, relating

86 Stat. 489.

 to Soviet refugee assistance. (d) In addition to amounts authorized in subsections (a) and (b) of this section, there are authorized to be appropriated for fiscal year 1975 for the Department of State and for the United States Information Agency such additional amounts as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law which arise subsequent to the date of enactment of this Act. (e) Amounts appropriated under subsection (a) and clauses (2) and (3) of subsection (b) of this section are authorized to remain available until expended.
repeal of the formosa resolution
Sec. 3. The joint resolution entitled “Joint resolution authorizing the President to employ the Armed Forces of the United States for protecting the security of Formosa, the Pescadores and related possessions and territories of that area”, approved January 29, 1955 (69 Stat. 7; Public Law 84–4), and known as the Formosa Resolution, is

50 USC app. prec. 1.

 repealed.
88 Stat. 1440
publication of political contributions of certain nominees
Sec. 4. (a) Section 6 of the Department of State Appropriations Authorization

22 USC 901a.

 Act of 1973 is amended by inserting after the first sentence the following new sentence: “The Chairman of the Committee on Foreign Relations of the Senate shall have printed in the Congressional Record each such report.” (b) The

22 USC 901a note.

 amendment made by subsection (a) of this section shall only apply with respect to reports filed on and after the date of enactment of this Act.
prohibition on use of funds
Sec. 5. No part of any funds appropriated under this Act shall be used to make any payment to the Foreign Service Retirement and Disability Fund to meet any unfunded liability of such fund created by the inclusion of officers and employees of the Agency for International Development in the Foreign Service Retirement and Disability System.
prior authorization by congress
Sec. 6. Section 701 of the United States Information and Educational

22 USC 1476.

 Exchange Act of 1948 is amended by adding at the end thereof the following new subsection: “(e) The provisions of this section shall not apply to, or affect in any manner, permanent appropriations, trust funds, and other similar accounts administered by the United States Information Agency as authorized by law.”
annual united states information agency reports to congress
Sec. 7. Section 1008 of the United States Information and Educational

22 USC 1439.

 Exchange Act of 1948 is amended to read as follows:
“Sec. 1008. The Secretary shall submit to the Congress annual reports of expenditures made and activities carried on under authority of this Act, including appraisals and measurements, where feasible, as to the effectiveness of the several programs in each country where conducted.”
limitation on payments
Sec. 8. There are authorized to be appropriated funds for payment prior to January 1, 1975, of United States expenses of membership in the United Nations Educational, Scientific, and Cultural Organization, the International Civil Aviation Organization, and the World Health Organization notwithstanding that such payments are in excess of 25 percent of the total annual assessment of such organizations.
assignment of foreign service officers to public organizations
Sec. 9. (a) Part H of title V of the Foreign Service Act of 1946 is amended by adding after section 575 thereof the following new section:
“assignments to public organizations
“Sec. 576. (a) Not

22 USC 966.

 less than fifty Foreign Service officers shall, between their eighth and fifteenth years of service as such officers, be assigned in the continental United States during each fiscal year for significant duty with State or local governments, public schools, community colleges, or other public organizations designated by the Sec-88 Stat. 1441retary. Such assignment shall be for twelve consecutive months. Each such Foreign Service officer shall be entitled to state a preference with respect to the type of public organization to which he would like to be assigned but may not state a preference with respect to the geographical location to which he would like to be assigned. “(b) A Foreign Service officer on assignment under this section shall be deemed to be on detail to a regular work assignment in the Service, and the officer remains an employee of the Department while so assigned. However, any period of time an officer is assigned under this section shall not be included as part of any period that the officer has remained in a class for purposes of determining whether he is to be selected out under section 633 of this Act, or regulations promulgated pursuant thereto. The salary of the officer shall be paid from

22 USC 1003.

Salary.

 appropriations made available for the payment of salaries of officers and employees of the Service. “(c) Any period of time that a Foreign Service officer serves on an assignment under this section shall also be considered as a period of time that the officer was assigned for duty in the continental United

22 USC 962.

 States for purposes of section 572 of this Act. “(d) For the purpose of this section

Definitions.

— “(1) ‘State’ means— “(A) a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and a territory or possession of the United States; and “(B) an instrumentality or authority of a State or States as defined in subparagraph (A) of this paragraph (1) and a Federal-State authority or instrumentality; and “(2) ‘local government’ means— “(A) any political subdivision, instrumentality, or authority of a State or States as defined in subparagraph (A) of paragraph (1); and “(B) any general or special purpose agency of such a political subdivision, instrumentality, or authority.”
(b) The amendment made by subsection (a) of this section shall

22 USC 966 note.

 apply only to a Foreign Service officer who completes his eighth year of service as such an officer on or after the date of enactment of this Act.
death gratuities for certain foreign service personnel
Sec. 10. The Act entitled “An Act to provide certain basic authority for the Department of State”, approved August 1, 1956 is amended by inserting immediately before section 15 the following new section:
“Sec. 14. (a) Subject to the provisions of this section and under

22 USC 2679a.

 such regulations as the Secretary of State may prescribe, the Secretary is authorized to provide for payment of a gratuity to the surviving dependents of any Foreign Service employee who dies as a result of injuries sustained in the performance of duty outside the United States in an amount equal to one year’s salary at the time of death. Appropriations for this purpose are authorized to be made to the account for salaries and expenses of the employing agency. Any death gratuity payment made under this section shall be held to have been a gift and shall be in addition to any other benefit payable from any source. “(b) A death gratuity payment shall be made under this section only if the survivor entitled to payment under subsection (c) is entitled to elect monthly compensation under section 8138 of title 5, United States Code, because the death resulted from an injury (excluding a disease proximately caused by the employment) sustained in the performance of duty, without regard to whether such survivor elects to waive compensation under such section 8133. 88 Stat. 1442 “(c) A death

Payment.

 gratuity payment under this section shall be made as follows: “(1) First, to the widow or widower. “(2) Second, to the child, or children in equal shares, if there is no widow or widower. “(3) Third, to the dependent parent, or dependent parents in equal shares, if there is no widow, widower, or child. If there is no survivor entitled to payment under this subsection, no payment shall be made. “(d) As used

Definitions.

 in this section— “(1) the term ‘Foreign Service employee’ means a chief of mission. Foreign Service officer. Foreign Service information officer, Foreign Service Reserve officer of limited or unlimited tenure, or a Foreign Service staff officer or employee; “(2) each of the terms ‘widow’, ‘widower’, ‘child’, and ‘parent’ shall have the same meaning given each such term by section 8101 of title 5, United States Code; and “(3) the term ‘United States’ means the several States and the District of Columbia. “(e) The

22 USC 2679a note.

 provisions of this section shall apply with respect to deaths occurring on and after January 1, 1973.”
prior authorization required
Sec. 11. Subsection

22 USC 2680.

 (a) of section 15 of the Act entitled “An Act to provide certain basic authority for the Department of State,” approved August 1, 1956, is amended to read as follows: “(a) (1) Notwithstanding any provision of law enacted before the date of enactment of the State Department/USIA Authorization Act, Fiscal Year 1975, no money appropriated to the Department of State under any law shall be available for obligation or expenditure with respect to any fiscal year commencing on or after July 1, 1972— “(A) unless the appropriation thereof has been authorized by law enacted on or after February 7, 1972; or “(B) in excess of an amount prescribed by law enacted on or after such date. “(2) To the extent that legislation enacted after the making of an appropriation to the Department of State authorizes the obligation or expenditure thereof, the limitation contained in paragraph (1) shall have no effect. “(3) The provisions of this section— “(A) shall not be superseded except by a provision of law enacted after February 7, 1972, which specifically repeals, modifies, or supersedes the provisions of this section; and “(B) shall not apply to, or affect in any manner, permanent appropriations, trust funds, and other similar accounts administered by the Department as authorized by law.”
authority and responsibility of ambassadors
Sec. 12. The Act entitled “An Act to provide certain basic authority for

Supra.

 the Department of State”, approved August 1, 1956, as amended, is further amended by adding at the end thereof the following new section:
“Sec. 16. Under

22 USC 2680a.

 the direction of the President— “(1) the United States Ambassador to a foreign country shall have full responsibility for the direction, coordination, and supervision of all United States Government officers and employees in that country, except for personnel under the command of a United States area military commander; 88 Stat. 1443 “(2) the Ambassador shall keep himself fully and currently informed with respect to all activities and operations of the United States Government within that country, and shall insure that all Government officers and employees in that country, except for personnel under the command of a United States area military commander, comply fully with his directives; and “(3) any department or agency having officers or employees in a country shall keep the United States Ambassador to that country fully and currently informed with respect to all activities and operations of its officers and employees in that country, and shall insure that all of its officers and employees, except for personnel under the command of a United States area military commander, comply fully with all applicable directives of the Ambassador.”
travel expenses of student-dependents of state department and usia employees
Sec. 13. The first sentence of section 5924(4)(B) of title 5, United States Code, is amended by striking out “one trip each way for each dependent” and inserting in lieu thereof the following: “one annual trip each way for each dependent of an employee of the Department of State or the United States Information Agency, or one trip each way for each dependent of any other employee,”.
international materials
Sec. 14. It is the sense of the Congress that the Secretary of State

22 USC 2686.

 should, and he is authorized to, establish within the Department of State a bureau which shall be responsible for continuously reviewing (1) the supply, demand, and price, throughout the world, of basic raw and processed materials (including agricultural commodities), and (2) the effect of United States Government programs and policies (including tax policy) in creating or alleviating, or assisting in creating or alleviating, shortages of such materials. In conducting such review, the bureau should obtain information with respect to— (A) the supply, demand, and price of each such material in each major importing, exporting, and producing country and region of the world in order to understand long-term and short-term trends in the supply, demand, and price of such materials; (B) projected imports and exports of such materials on a country-by-country basis; (C) unusual patterns or changes in connection with the purchase or sale of such materials; (D) a list of such materials in short supply and an estimate of the amount of shortage; (E) international geological, geophysical, and political conditions which may affect the supply of such materials; and (F) other matters that the Secretary considers appropriate in carrying out this section.
future op united states assistance to south vietnam; reduction of certain personnel abroad
Sec. 15. (a) It is the sense of the Congress that

22 USC 2151 note.

— (1) the Secretary of State should prepare a detailed plan for future United States economic and military assistance to the Government of South Vietnam, including a specific timetable for the phased reduction of such assistance to the point when the United88 Stat. 1444 States will cease to be the principal source of funds and material for South Vietnam’s self-defense and economic viability; (2) the total number of personnel of the executive branch of the United States Government (other than personnel of the Department of State, the United States Information Agency, the Central Intelligence Agency, and the Department of Defense, and volunteers

22 USC 2501 note.

 carrying out the Peace Corps Act) who were present in foreign countries on January 1, 1974, and who were citizens or nationals of the United States, should be substantially reduced; and (3) the total number of personnel of the Department of Defense assigned or detailed to military attache activities or to military assistance advisory groups or military aid missions, who were present in foreign countries on January 1, 1974, and who were citizens or nationals of the United States, should be substantially reduced. (b) Not

Report to Speaker of the House and congressional committee.

 later than six months after the date of enactment of this Act the Secretary shall report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on the steps he has taken to carry out the provisions of this section.
Approved October 26, 1974.
Public Law 93–476: To provide for the indemnification of the Metropolitan Museum of New York for loss or damage suffered by objects in exhibition in the Union of Soviet Socialist Republics. Public Law 476 Public Law 93–476 88 Stat. 1444 1974-10-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–476 93rd Congress
JOINT RESOLUTION To provide for the indemnification of the Metropolitan Museum of New York for loss or damage suffered by objects in exhibition in the Union of Soviet Socialist Republics.

October 26, 1974

[S. J . Res. 236]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary of State

Metropolitan Museum of Art, N.Y.

Indemnification agreement.

(or such officer of the Department of State as he may designate) is authorized to conclude an agreement with the Metropolitan Museum of Art, located in New York, New York, for indemnification of such museum, in accordance with the terms of such agreement, for loss or damage suffered by objects in an exhibition of such museum in the Union of Soviet Socialist Republics pursuant to an agreement between such museum and the Ministry of Culture of the Union of Soviet Socialist Republics, which agreement was made in accordance with the general agreement on contracts, exchanges, and cooperation, signed

24 UST 1395.

July 19, 1973, by the United States and the Union of Soviet Socialist Republics. The agreement concluded by the Secretary of State shall provide for such indemnification— (1) during the period the works of art are in transit from the premises of said museum, on exhibition in the Union of Soviet Socialist Republics, and returning to said premises; and (2) only for substantial loss or damage as determined by the Secretary of State.

Claim, certification to Speaker of the House and President of the Senate.

Appropriation.

 In the case of a claim for loss or damage with respect to an item or items which are covered under such agreement, the Secretary shall certify the validity of the claim and the amount of the loss to the Speaker of the House of Representatives and the President of the Senate. There are authorized to be appropriated such sums as may be necessary to carry out an agreement concluded pursuant to this joint resolution.
Approved October 26, 1974.
Public Law 93–477: To provide for increases in appropriation ceilings and boundary changes in certain units of the National Park System, to authorize appropriations for additional costs of land acquisition for the National Park System, and for other purposes. Public Law 477 Public Law 93–477 88 Stat. 1445 1974-10-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1445 Public Law 93–477 93rd Congress
AN ACT To provide for increases in appropriation ceilings and boundary changes in certain units of the National Park System, to authorize appropriations for additional costs of land acquisition for the National Park System, and for other purposes.

October 26, 1974

[H. R. 14217]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

National Park System.

Appropriation ceilings increase; boundary changes; appropriation authorization.

 <num value="I">TITLE I—</num><heading class="inline">ACQUISITION CEILING INCREASES</heading> <section class="firstIndent1 fontsize10"><num value="101"><inline class="smallCaps">Sec.</inline> 101. </num><chapeau>The limitations on appropriations for the acquisition of lands and interests therein within units of the National Park System contained in the following Acts are amended as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>Biscayne National Monument, Florida: Section 5 of the Act of October 18, 1968 (82 Stat. 1188, 1189) is amended by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s450qq-4">16 USC 450qq-4</ref>.</p></sidenote>changing “<quotedText>$24,575,000</quotedText>” to “<quotedText>$28,350,000</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>Colonial National Historical Park, Virginia: Section 4 of the Act of July 3, 1930 (46 Stat. 856), as amended (16 U.S.C. 81f) is amended by changing “<quotedText>$2,777,000</quotedText>” to “<quotedText>$10,472,000</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>Cumberland Gap National Historical Park, Kentucky and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s266">16 USC 266</ref>.</p></sidenote>Tennessee: For the acquisition of lands authorized in subsection 301(2) of this Act, there are authorized to be appropriated such sums as may be necessary, but not more than $427,500;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>Fort Necessity National Battlefield, Pennsylvania: Section 5 of the Act of August 10, 1961, (75 Stat. 336), is amended by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s430tt">16 USC 430tt</ref>.</p></sidenote>changing “<quotedText>$115,000</quotedText>” to “<quotedText>$722,000</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content>Independence National Historical Park, Pennsylvania: Section 6 of the Act of June 28, 1948 (62 Stat. 1061, 1062), as amended (16 U.S.C. 407r), is amended by changing “<quotedText>$11,200,000.</quotedText>” to “<quotedText>$12,792,000.</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content>Indiana Dunes National Lakeshore, Indiana: Section 10 of the Act of November 5, 1966 (80 Stat. 1309, 1312; 16 U.S.C. 406u-9) is amended by changing “<quotedText>$27,900,000</quotedText>” to “<quotedText>$35,526,000</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content>Moores Creek National Military Park, North Carolina: The Act of September 27, 1944 (58 Stat. 746) is amended by adding the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s422a–1">16 USC 422a–1</ref>.</p></sidenote> following new section: <quotedContent> <section class="firstIndent1 fontsize10"><num value="2">“<inline class="smallCaps">Sec.</inline> 2. </num><content>There are authorized to be appropriated such sums as may <sidenote><p class="firstIndent1 fontsize8">Land acquisition, appropriation.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s422a–2">16 USC 422a–2</ref>.</p></sidenote>be necessary to carry out the purposes of this Act, but not more than $243,000 shall be appropriated for the acquisition of lands and interests in lands and not more than $325,000 shall be appropriated for development.”;</content></section> </quotedContent></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">(8) </num> <content>Morristown National Historical Park, New Jersey: Section 3 of the Act of September 18, 1964 (78 Stat. 957) is amended by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s409g">16 USC 409g note</ref>.</p></sidenote>changing “<quotedText>$281,000</quotedText>” to “<quotedText>$2,111,000</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">(9) </num> <content>Rocky Mountain National Park, Colorado: For the acquisition of lands authorized in subsection 301(6) of this Act, there are authorized to be appropriated not more than $2,423,740 and for development of such lands there are authorized to be appropriated not more than $318,000;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">(10) </num> <content>Virgin Islands National Park, Virgin Islands: Section 4 of the Act of October 5, 1962 (76 Stat. 748; 16 U.S.C. 398f) is amended by changing “<quotedText>$1,250,000</quotedText>” to “<quotedText>$12,250,000</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="11">(11) </num> <content>Apostle Islands National Lakeshore, Wisconsin: Section 8 of the Act of September 26, 1970 ( 84 Stat. 880) is amended by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s460w-7">16 USC 460w-7</ref>.</p></sidenote>deleting “<quotedText>$4,250,000</quotedText>” and inserting in lieu thereof “<quotedText>$5,250,000</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="12">(12) </num> <content>Lake Mead National Recreation Area, Arizona and <page identifier="/us/stat/88/1446">88 <inline class="smallCaps">Stat.</inline> 1446</page><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s460n-9">16 USC 460n-9</ref>.</p></sidenote>Nevada: Section 10 of the Act of October 8, 1964 (78 Stat. 1039) is amended by deleting “<quotedText>$1,200,000</quotedText>” and inserting in lieu thereof “<quotedText>$7,100,000</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="13">(13) </num> <content>Sleeping Bear Dunes, Michigan: Section 15 of the Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s460x-14">16 USC 460x-14</ref>.</p></sidenote>October 21, 1970 (84 Stat. 1075) is amended by deleting “<quotedText>$19,800,000</quotedText>” and inserting in lieu thereof “<quotedText>$57,753,000</quotedText>”.</content> </paragraph> </section> <num value="II">TITLE II—</num><heading class="inline">DEVELOPMENT CEILING INCREASES</heading> <section class="firstIndent1 fontsize10"><num value="201"><inline class="smallCaps">Sec.</inline> 201. </num><chapeau>The limitations on appropriations for development of units of the National Park System contained in the following Acts are amended as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>Channel Islands National Monument, California: For the purposes of development of the administrative site and visitor facilities authorized by section 401 of this Act, there are authorized to lie appropriated $2,936,000;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>Cumberland Gap National Historical Park, Kentucky and Tennessee: In addition to any funds heretofore appropriated for said national historical park, there are hereby authorized to be appropriated not more than $160,000 for development; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>International Peace Garden, North Dakota: Section 1 of the Act of October 25, 1949 (63 Stat. 888), as amended (68 Stat. 300 and 72 Stat. 985), is amended by changing “<quotedText>$400,000</quotedText>” to “<quotedText>$1,702,000</quotedText>”.</content></paragraph></section> <num value="III">TITLE III—</num><heading class="inline">BOUNDARY CHANGES</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec.</inline> 301. </num><chapeau>The Secretary of Interior shall revise the boundaries of the following units of the National Park System:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>Biscayne National Monument, Florida: To add approximately 8,738 acres of land and water, including all of Swan Key and Gold Key;</content> </paragraph> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s267">16 USC 267</ref>.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>Cumberland Gap National Historical Park, Kentucky and Tennessee: Notwithstanding the provisions of the Act of June 11, 1940 ( 54 Stat. 262), as amended (16 U.S.C. 261–265), the Secretary of the Interior is authorized to acquire by donation, purchase with donated or appropriated funds, or exchange not to exceed 60 acres of land or interests in land located in Bell County, Kentucky, and Claiborne County, Tennessee, for addition to and inclusion in the said national historical park which, upon acquisition, shall become a part of the Cumberland National Historical Park subject to the laws, rules, and regulations governing such park;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>Fort Necessity National Battlefield, Pennsylvania: To add approximately 411 acres;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>Independence National Historical Park. Pennsylvania: To add approximately 4.67 acres, which shall include the area bounded by Chestnut Street, Front Street, Walnut Street, and Second Street, to be known as Project F: <proviso><i>Provided,</i> That the authority of the Secretary of the Interior to acquire property by condemnation under this Act shall be suspended with respect to all property within the boundaries of the area known as Project F during the time the city of Philadelphia shall have in force and applicable to such property a duly adopted, valid zoning ordinance approved by the Secretary:</proviso> <proviso><i>And provided further,</i> That no zoning ordinance or amendment of a zoning ordinance shall be approved by the Secretary which (1) contains any provision which he may consider adverse to the preservation and develop-<page identifier="/us/stat/88/1447">88 <inline class="smallCaps">Stat.</inline> 1447</page>ment of the Independence National Historical Park, or (2) fails to have the effect of providing that the Secretary shall receive notice of any variance granted under and any exception made to the application of such ordinance or amendment</proviso>;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content>Lava Beds National Monument, California: To add approximately 321.58 acres and to delete approximately 60.12 acres, which additions and deletions shall comprise only federally owned lands, and lands deleted from the monument shall be administered by the Secretary of the Interior in accordance with the Federal reclamation laws;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content>Morristown National Historical Park, New Jersey: The Act of September 18, 1964 (78 Stat. 957) is amended changing <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s409g">16 USC 409g</ref>.</p></sidenote>“<quotedText>two hundred and eighty-one acres</quotedText>” in both places in which it appears in the first section to “<quotedText>465 acres</quotedText>” and change the period to a colon and insert “<quotedText><i>Provided,</i> That title to the property known as the Cross estate may not be accepted until the property is vacant.</quotedText>” and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content>Rocky Mountain National Park, Colorado: To add approximately 1,556.21 acres.</content> </paragraph> </section> <num value="IV">TITLE IV—</num><heading class="inline">MISCELLANEOUS PROVISIONS</heading> <section class="firstIndent1 fontsize10"><num value="401"><inline class="smallCaps">Sec.</inline> 401. </num><content>The Secretary of the Interior is authorized to accept the <sidenote><p class="firstIndent1 fontsize8">Ventura Marina, Calif., land donation for use in Channel Islands National Monument.</p></sidenote>donation of the fee simple title of not to exceed five acres of land and submerged land within the Ventura Marina, Ventura County, California; and to develop, operate, and maintain thereon administrative and visitor facilities to be used as a mainland headquarters for the Channel Islands National Monument: <proviso><i>Provided,</i> That no lands or any interests therein may be accepted by the Secretary until a mutually satisfactory agreement has been executed which shall include, among other things, an agreement on the design for such facilities, a reasonable timetable for their construction, and an agreement concerning public use of and access to such facilities. Any property accepted under <sidenote><p class="firstIndent1 fontsize8">Administration.</p></sidenote>the provisions of this Act shall be administered as a part of the national monument.</proviso></content></section> <section class="firstIndent1 fontsize10"><num value="402"><inline class="smallCaps">Sec.</inline> 402. </num><content>The Act of September 27, 1944 (58 Stat. 746), providing <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s422a–1">16 USC 422a–1</ref>.</p></sidenote>for the Moores Creek National Military Park is amended by changing the words “<quotedText>accept in behalf of the United States donations of</quotedText>” to “<quotedText>acquire by donation, purchase, or exchange</quotedText>”, and by changing “<quotedText>to be accepted</quotedText>” to “<quotedText>acquired</quotedText>”.</content></section> <section class="firstIndent1 fontsize10"><num value="403"><inline class="smallCaps">Sec.</inline> 403. </num><subsection class="inline"><num value="a">(a) </num><content>The Secretary of the Interior, in cooperation with <sidenote><p class="firstIndent1 fontsize8">San Juan National Historic Site, P.R., damage studies.</p></sidenote>the Secretary of the Army, shall cause to be conducted such studies as they deem reasonable and necessary to determine the causes and extent of the damage to the foundations of the historic structures of the San Juan National Historic Site and shall transmit to the Congress, as <sidenote><p class="firstIndent1 fontsize8">Transmittal to Congress.</p></sidenote>soon as possible, but no later than one year after the date of the enactment of this Act, the alternative courses of action, together with their recommendations, which might be taken to assure the historical integrity of such structures and the safety of the visiting public. Pending the submission of such recommendations, the Secretary of the Interior shall take every reasonable precaution to assure the public safety and the maximum public enjoyment of the historic site.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>To carry out the purposes of this section, there are authorized <sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote>to be appropriated such sums as may be necessary, but not more than $100,000.</content></subsection></section> <section class="firstIndent1 fontsize10"><num value="404"><inline class="smallCaps">Sec.</inline> 404. </num><subsection class="inline"><num value="a">(a) </num><content>The Secretary of the Interior is authorized and <sidenote><p class="firstIndent1 fontsize8">Ohio and Erie Canal, Ohio, study.</p></sidenote>directed to undertake a study of the most feasible and suitable means of preserving and interpreting for the benefit of the public the historic and natural resources of the Ohio and Erie Canal in the State of Ohio, <page identifier="/us/stat/88/1448">88 <inline class="smallCaps">Stat.</inline> 1448</page>together with associated and related lands. In carrying out the study the Secretary shall consider existing and proposed State and local highway plans, land-use plans, outdoor recreation plans, and related <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote>plans for the preservation of historic and natural resources. Not later than one year from the date of enactment of this Act the Secretary shall submit to the Congress a report of such study, including his recommendations as to the means of protecting, interpreting, and developing the resources of the Ohio and Erie Canal and adjacent lands.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>To carry out the purposes of this section, there are authorized to be appropriated such sums as may be necessary, but not more than $40,000.</content></subsection></section> <sidenote><p class="firstIndent1 fontsize8">Additional appropriations.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4603">42 USC 4603</ref>.</p></sidenote> <section class="firstIndent1 fontsize10"><num value="405"><inline class="smallCaps">Sec.</inline> 405. </num><subsection class="inline"><num value="a">(a) </num><content>In all instances where authorizations of appropriations for the acquisition of lands for the National Park System enacted prior to January 9, 1971, do not include provisions therefor, there are authorized to be appropriated such additional sums as may be necessary to provide for moving costs, relocation benefits, and other expenses incurred pursuant to the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4601">42 USC 4601 note</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s459f-10">16 USC 459f-10</ref>.</p></sidenote>1970 (Public Law 91–646; 84 Stat. 1894). There are also authorized to be appropriated not to exceed $8,400,000 in addition to those authorized in Public Law 92–272 (86 Stat. 120) to provide for such moving costs, relocation benefits, and other related expenses in connection with the acquisition of lands authorized by Public Law 92–272.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Waiver.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>Whenever an owner of property elects to retain a right of use and occupancy pursuant to any statute authorizing the acquisition of property for purposes of a unit of the National Park System, such owner shall be deemed to have waived any benefits under sections 203, 204, 205, and 206 of the Uniform Relocation Assistance and Real <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4623/4626">42 USC 4623–4626</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4601">42 USC 4601</ref>.</p></sidenote>Property Acquisition Policies Act of 1970 (84 Stat. 1894), and for the purposes of those sections such owner shall not be considered a displaced person as defined in section 101(6) of that Act.</content></subsection></section> <sidenote><p class="firstIndent1 fontsize8">Cape Lookout National Seashore, N.C.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="406"><inline class="smallCaps">Sec.</inline> 406. </num><chapeau>The Act of March 10, 1966 (80 Stat. 33; 16 U-S.C. 459g) providing for the establishment of Cape Lookout National Seashore in the State of North Carolina is amended as follows:</chapeau> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s459g">16 USC 459g</ref>.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>Section 1 is amended by deleting “<quotedText>‘Proposed Boundaries—Proposed Cape Lookout National Seashore’, dated April 1964, and numbered NSCL-7101-B,</quotedText>” and substituting in lieu thereof “<quotedText>‘Boundary Map, Cape Lookout National Seashore’, dated March 1974, and numbered 623–20,009,</quotedText>” and by changing the colon to a period and deleting the remainder of the section.</content> </paragraph> <sidenote><p class="firstIndent1 fontsize8">Non-Federal land acquisition.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s459g-1">16 USC 459g-1</ref>.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>Subsection 2(a) is amended by deleting the third sentence and inserting in lieu thereof the following “Lands owned by the State of North Carolina or any political subdivision thereof may be acquired only by donation, but the Secretary may, subject to the provisions of <sidenote><p class="firstIndent1 fontsize8"><i>Post,</i> p. 1449.</p></sidenote>section 7 of this Act, acquire any other non-Federal lands, marshlands, waters, or interests therein which are located within the boundaries of the seashore by donation, purchase with donated or appropriated funds, or exchange. Notwithstanding any other provision of law, the Secretary may accept any lands donated by the State of North Carolina subject to a provision for reversion to the State conditioned upon continued use of the property for national seashore purposes.”.</content> </paragraph> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s495g-2">16 USC 495g-2</ref>.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>Section 3 is amended by revising the first sentence to read as follows: “<quotedText>When title to lands and interests in lands in an amount sufficient to constitute an efficiently administerable unit for the purposes of <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>this Act is vested in the United States, the Secretary shall declare the establishment of the seashore by publication of notice thereof in the Federal Register.</quotedText>”.</content> </paragraph> <page identifier="/us/stat/88/1449">88 <inline class="smallCaps">Stat.</inline> 1449</page> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>Section 7 is amended to read as follows: <sidenote><p class="firstIndent1 fontsize8">Report to President.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s459g-6">16 USC 459g-6</ref>.</p></sidenote> <quotedContent><section class="firstIndent1 fontsize10"><num value="7"><inline class="smallCaps">“Sec.</inline> 7. </num><content>On or before January 1, 1978, the Secretary shall review the area within the seashore and shall report to the President, in accordance with section 3 (c) and (d) of the Wilderness Act (78 Stat. 891; 16 U.S.C. 1132 (c) and (d)), his recommendations as to the suitability or nonsuitability of any area within the seashore for preservation as wilderness, and any designation of any such areas as a wilderness shall be accomplished in accordance with said subsections of the Wilderness Act.”</content></section></quotedContent></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content>Add a new section 8 to read as follows: <sidenote><p class="firstIndent1 fontsize8">Appropriation.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s459g-7">16 USC 459g-7</ref>.</p></sidenote> <quotedContent><section class="firstIndent1 fontsize10"><num value="8"><inline class="smallCaps">“Sec.</inline> 8. </num><chapeau>There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act, not to exceed $7,903,000 for acquisition of lands and interests therein, of which no more than $1,000,000 may be expended for acquisition of lands owned by Core Banks Club Properties, Incorporated. For development of essential public facilities there are authorized to be appropriated not more than $2,935,000. On or before January 1, 1978, the Secretary <sidenote><p class="firstIndent1 fontsize8">Master plan, transmittal to congressional committees.</p></sidenote>shall develop and transmit to the Committees on Interior and Insular Affairs of the United States Congress a final master plan for the full development of the seashore consistent with the preservation objectives of this Act, indicating—</chapeau> <paragraph class="indent1 fontsize10"><num value="1">“(1) </num><content>the facilities needed to accommodate the health, safety and recreation needs of the visiting public;</content></paragraph> <paragraph class="indent1 fontsize10"><num value="2">“(2) </num><content>the location and estimated cost of all facilities; and</content></paragraph> <paragraph class="indent1 fontsize10"><num value="3">“(3) </num><content>the projected need for any additional facilities within the seashore.”</content></paragraph></section></quotedContent> </content> </paragraph> </section> Approved October 26, 1974.
Public Law 93–478: To amend the National Visitor Center Facilities Act of 1968. Public Law 478 Public Law 93–478 88 Stat. 1449 1974-10-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–478 93rd Congress
AN ACT To amend the National Visitor Center Facilities Act of 1968.

October 26, 1974

[H. R. 17027]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 102(a)

National Visitor Center Facilities Act of 1968, amendment.

40 USC 802.

(2) of the National Visitor Center Facilities Act of 1968 (82 Stat. 43), as amended, is further amended by deleting the phrase, “contingent when such facilities are available for public use,”.
Sec. 2. The National Visitor Center Facilities Act of 1968, as amended, is further amended by revising section 102(a)(3) to read as follows: “(3) The Company, in consultation with the Secretary, shall construct

Parking facilities.

all or part of a parking facility, including necessary approaches and ramps for adequate circulation, to accommodate automobiles, charter buses, and other transportation, as appropriate, in the airspace northerly of and adjacent to the existing Union Station Building, and such structure shall be leased to the United States for a term not to exceed twenty-five years commencing upon a date to be mutually agreed upon.”.
Sec. 3. Section 102(c) of the National Visitor Center Facilities Act

Appropriation.

of 1968 is amended by striking out “$8,680,000” and inserting in lieu thereof “$21,580,000”.
Approved October 26, 1974.
Public Law 93–479: To authorize the Secretary of Commerce and the Secretary of the Treasury to conduct a study of foreign direct and portfolio investment in the United States, and for other purposes. Public Law 479 Public Law 93–479 88 Stat. 1450 1974-10-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1450 Public Law 93–479 93rd Congress
AN ACT To authorize the Secretary of Commerce and the Secretary of the Treasury to conduct a study of foreign direct and portfolio investment in the United States, and for other purposes.

October 26, 1974

[S. 2840]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may be

Foreign Investment Study Act of 1974.

cited as the “Foreign Investment Study Act of 1974”.

15 USC 78b note.

Study.

15 USC 78b note.
Sec. 2. The Secretary of the Treasury and the Secretary of Commerce are hereby authorized and directed to conduct a comprehensive, overall study of foreign direct and portfolio investments in the United States.

15 USC 78b note.
Sec. 3. The Departments of Commerce and Treasury, in consultation with appropriate agencies, shall determine the definitions and limitations of direct and portfolio investments for the purposes of the study authorized in sect ion 2 of this Act.

15 USC 78b note.
Sec. 4. In carrying out the study described in section 2 of this Act, the Secretary of Commerce and the Secretary of the Treasury shall, respectively and jointly as may be appropriate— (1) identify and collect such information as may be required to carry out the study authorized in section 2 of this Act; (2) consult with and secure information from (and where appropriate the views of) representatives of industry, the financial community, labor, agriculture, science and technology, academic institutions, public interest organizations, and such other groups as the Secretaries deem suitable; and (3) consult and cooperate with other government agencies, Federal, State, and local, and, to the extent appropriate, with foreign governments and international organizations.

Foreign direct investment, study.

15 USC 78b note.
Sec. 5. The Secretary of Commerce shall carry out that part of the study authorized in section 2 of this Act relating to foreign direct investment, and shall, among other things, to the extent he determines feasible, specifically— (1) investigate and review the nature, scope, magnitude, and rate of foreign direct investment activities in the United States; (2) survey the reasons foreign firms are undertaking direct investment in the United States; (3) identify the processes and mechanisms through which foreign direct investment flows into the United States, the financing methods used by foreign direct investors, and the effects of such financing on American financial markets; (4) analyze the scope and significance of foreign direct investment in acquisitions and takeovers of existing American enterprises, the significance of such investments in the form of new facilities or joint ventures with American firms, and the effects thereof on domestic business competition; (5) analyze the concentration and distribution of foreign direct investment in specific geographic areas and economic sectors; (6) analyze the effects of foreign direct investment on United States national security, energy, natural resources, agriculture, environment, real property holdings, balance of payments, balance of trade, the United States international economic position, and various significant American product markets; (7) analyze the effect of foreign direct investment in terms of employment opportunities and practices and the activities and influence of foreign and American management executives employed by foreign firms; 88 Stat. 1451 (8) analyze the effect of Federal, regional, State, and local laws, rules, regulations, controls, and policies on foreign direct investment activities in the United States; (9) compare the purpose and effect of United States, State, and local laws, rules, regulations, programs, and policies on foreign direct investment in the United States with laws, rules, regulations, programs, and policies of selected nations and areas where such comparison may be informative; (10) compare and contrast the foreign direct investment activities in the United States with the investment activities of American investors abroad and appraise the impact of such American activities abroad on the investment activities and policies of foreign firms in the United States; (11) study the adequacy of information, disclosure, and reporting requirements and procedures; (12) determine the effects of variations between accounting, financial reporting, and other business practices of American and foreign investors on foreign investment activities in the United States; and (13) study and recommend means whereby information and statistics on foreign direct investment activities can be kept current.
Sec. 6. The Secretary of the Treasury shall carry out that part of

Foreign portfolio investment, study.

15 USC 78b note.

the study authorized in section 2 of this Act relating to foreign portfolio investment, and shall, to the extent he determines feasible, specifically— (1) investigate and review the nature, scope, and magnitude of foreign portfolio investment activities in the United States; (2) survey the reasons for foreign portfolio investment in the United States; (3) identify the processes and mechanisms through which foreign portfolio investment is made in the United States, the financing methods used, and the effects of foreign portfolio investment on American financial markets; (4) analyze the effects of foreign portfolio investment on the United States balance of payments and the United States international investment position; (5) study and analyze the concentration and distribution of foreign portfolio investment in specific United States economic sectors; (6) study the effect of Federal securities laws, rules, regulations, and policies on foreign portfolio investment activities in the United States; (7) compare the purpose and effect of United States, State, and local laws, rules, regulations, programs, and policies on foreign portfolio investment in the United States with laws, rules, regulations, programs, and policies of selected nations and areas where such comparison may be informative ; (8) compare the foreign portfolio investment activities in the United States with information available on the portfolio investment activities of American investors abroad; (9) study adequacy of information, disclosures, and reporting requirements and procedures; and (10) study and recommend means whereby information and statistics on foreign portfolio investment activities can be kept current.
88 Stat. 1452
powers

Rules and regulations.

15 USC 78b note.

 Sec. 7. (a) The Secretary of Commerce and the Secretary of the Treasury may each by regulation establish whatever rules each deems necessary to carry out each of his functions under this Act.

Records, maintenance and availability.

 (b) Each such Secretary may require any person subject to the jurisdiction of the United States— (1) to maintain a complete record of any information (including journals or other books of original entry, minute books, stock transfer records, lists of shareholders, or financial statements) which such Secretary determines is germane to his functions in the foreign direct investment and foreign portfolio investment studies to be conducted pursuant to this Act; and (2) to furnish under oath any report containing whatever information such Secretary determines is necessary to carry out his functions in such studies. Whenever an order under clause (2) of this subsection requires a person to produce information which can be specifically identified as being part of the records of its customers, the Secretary shall, upon being provided the names

Notice.

and addresses of such customers, send a notice to such customers that information from their records will be disclosed pursuant to this Act; Provided, That this requirement shall not apply when such person is directly involved in the ownership or management of assets for the customer as nominee, agent, partner, fiduciary, trustee, or in a similar relationship.

Expiration of authority.

 The authority of each Secretary under this subsection shall expire on the date provided under section 10 of this Act for the Secretary of Commerce and the Secretary of the Treasury to submit a full and complete report to the Congress.

Information, restrictions on accessibility.

 (c) In addition to the Secretary of Commerce and the Secretary of the Treasury, the only individuals who may have access to information furnished under subsection (b)(2) are those sworn employees, including consultants, of the Department of Commerce or Department of the Treasury designated by the Secretary of either such Department. Neither such Secretary nor any such employee may— (1) use any information furnished under subsection (b)(2) except for analytical or statistical purposes within the United States Government; or (2) publish, or make available to any other person in any manner, any such information in a manner that the information furnished under subsection (b)(2) by any person can be specifically identified, except for the purposes of a proceeding under section 8. Such Secretaries may exchange any such information furnished under subsection (b)(2) in order to prevent any duplication or omission in the studies conducted by each such Secretary pursuant to this Act. (d) Except for the requirement under subsection (b)(2), no agency of the United States or employee thereof may compel (1) the Secretary of Commerce or the Secretary of the Treasury, (2) any individual designated by either such Secretary under the first sentence of subsection (c), or (3) any person which maintained or furnished any report under subsection (b), to submit any such report or constituent part thereof to that agency or any other agency of the United States. Without the prior written consent of the person which maintained or furnished any report under subsection (b) and without the prior written consent of the customer, where the person maintained or furnished any such report which included information identifiable as being 88 Stat. 1453derived from the records of such customer, such report or any such constituent part may not be produced for any judicial or administrative proceeding, except for a proceeding under section 8(b) of this Act.
enforcement Sec. 8. (a) Whoever fails to furnish any information required pursuant

Civil penalty.

15 USC 78b note.

to the authority of this Act, whether required to be furnished in the form of a report or otherwise, or to comply with any rule, regulation, order, or instruction promulgated pursuant to the authority of this Act may be assessed a civil penalty not exceeding $10,000 in a proceeding brought under subsection (b) of this section. (b) Whenever it appears to either the Secretary of the Treasury or the Secretary of Commerce that any person has failed to furnish any information required pursuant to the provisions of this Act, whether required to be furnished in the form of a report or otherwise, or has failed to comply with any rule, regulation, order, or instruction promulgated pursuant to the authority of this Act, such Secretary may in his discretion bring an action, in the proper district court of the United States or the proper United States court of any territory or other place subject to the jurisdiction of the United States, seeking a mandatory injunction commanding such person to comply with such rule, regulation, order, or instruction, and upon a proper showing by such Secretary of the relevance to the purposes of the Act of such rule, regulation, order, or instruction, a permanent or temporary injunction or restraining order shall be granted without bond, and such person may also be subject to the civil penalty provided in subsection (a) of this section if the judge finds that such penalty is necessary to obtain compliance with such injunction or restraining order. (c) Whoever willfully fails to submit any information required

Criminal penalty.

pursuant to this Act, whether required to be furnished in the form of a report or otherwise, or willfully violates any rule, regulation, order, or instruction promulgated pursuant to the authority of this Act shall, upon conviction, be fined not more than $10,000 or, if a natural person, may be imprisoned for not more than one year or both; and any officer, director, or agent of any corporation who knowingly participates in such violation may be punished by a like fine, imprisonment, or both.
Sec. 9. (a) The Secretary of Commerce and the Secretary of the

Experts and consultants.

15 USC 78b note.

Compensation.

Treasury may procure the temporary or intermittent services of experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code. Persons so employed shall receive compensation at a rate to be fixed by the Secretaries concerned but not in excess of the maximum amount payable under such section. While away from his home or regular place of business and engaged in the performance of services for the Department of Commerce or the Department of the Treasury in conjunction with the provisions of this Act, any such person may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703(b) of title 5, United States Code, for persons in the Government service employed intermittently. (b) The Secretary of Commerce and the Secretary of the Treasury

Federal government facilities, use.

are authorized, on a reimbursable basis when appropriate, to use the available services, equipment, personnel, and facilities of any agency or instrumentality of the Federal Government in conjunction with the study authorized in this Act.
Sec. 10. The Secretary of Commerce and the Secretary of the Treasury

Report to Congress.

15 USC 78b note.

shall submit to the Congress an interim report twelve months after the date of enactment of this Act, and not later than one and one-88 Stat. 1454half years after enactment of this Act, a full and complete report of the findings made under the study authorized by this Act, together with such recommendations as they consider appropriate.

Appropriation.

15 USC 78b note.
Sec. 11. There is authorized to be appropriated a sum not to exceed $3,000,000 to carry out the purposes of this Act. Any funds so appropriated shall remain available until expended.
Approved October 26, 1974.
Public Law 93–480: To correct an anomaly in the rate of duty applicable to crude feathers and downs, and for other purposes. Public Law 480 Public Law 93–480 88 Stat. 1454 1974-10-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–480 93rd Congress
AN ACT To correct an anomaly in the rate of duty applicable to crude feathers and downs, and for other purposes.

October 26, 1974

[H. R. 11452]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subpart B of

Crude feathers and downs, duty rate; personal holding company, income exclusion; health insurance for the aged.

part 1 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting immediately before item 903.90 the following new items:
“ Feathers and downs, whether or not on the skin, crude, sorted (Including feathers simply strung for convenience in handling or transportation), treated, or both sorted and treated, but not otherwise processed (provided for in item 186.15, part 15D, schedule 1):
903.70   Meeting both test methods 4 and 10.1 of Federal Standard 148a promulgated by the General Services Administration Free No change On or before 6/30/79
903.80   Other Free Free On or before 6/30/79 ”.

Effective date.

19 USC 1202 note.
Sec. 2. The amendment made by the first section of this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the 180th day after the date of the enactment of this Act.

Corporations, consolidated returns.

26 USC 542.
Sec. 3. (a) Section 542(b) of the Internal Revenue Code of 1954 (relating to corporations filing consolidated returns) is amended by adding at the end thereof the following new paragraph: “(5) Certain dividend income received from a nonincludible life insurance company.—In the case of an affiliated group of corporations filing or required to file a consolidated return under section 1501 for any taxable year, there shall be excluded from consolidated personal holding company income and consolidated adjusted ordinary gross income for purposes of this part dividends received by a member of the affiliated group from a life insurance company taxable under section 802 that is not a member of the affiliated group solely by reason of the application of paragraph (2) of subsection (b) of section 1504.”.

26 USC 542 note.

 (b) The amendment made by this section shall apply to taxable years beginning after December 31, 1973.

Health insurance for the aged, coverage, exclusion.
Sec. 4. (a) Section 1862(c) of the Social Security Act is amended by striking out “January 1, 1975” and inserting in lieu thereof “January 1, 1976”.

42 USC 1395y.

Report to congressional committees.

42 USC 1395y note.

 (b) The Civil Service Commission and the Secretary of Health, Education, and Welfare shall submit to the Committee on Post Office and Civil Service and the Committee on Ways and Means of the House of Representatives, and to the Committee on Post Office and Civil Service and the Committee on Finance of the Senate, on or before March 1, 1975, a report on the steps which have been taken, and the 88 Stat. 1455steps which are planned, to enable the Secretary of Health, Education, and Welfare to make the determination and certification referred to in section 1862(c) of the Social Security Act If such report is not

42 USC 1395y.

submitted to such committees on or before March 1, 1975, the date specified in such section (as amended by this section) shall be deemed to be July 1, 1975, rather than January 1, 1976.
Approved October 26, 1974.
Public Law 93–481: To amend the Controlled Substances Act to extend for three fiscal years the authorizations of appropriations for the administration and enforcement of that Act. Public Law 481 Public Law 93–481 88 Stat. 1455 1974-10-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–481 93rd Congress
AN ACT To amend the Controlled Substances Act to extend for three fiscal years the authorizations of appropriations for the administration and enforcement of that Act.

October 26, 1974

[S. 3355]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 709

Controlled Substances Act, amendment.

of the Controlled Substances Act (21 U.S.C. 904) is amended to read as follows:
“authorizations of appropriations “Sec. 709. (a) There are authorized to lie appropriated $105,000,000 for the fiscal year ending June 30, 1975, $175,000,000 for the fiscal year ending June 30, 1976, and $200,000,000 for the fiscal year ending June 30, 1977, for the expenses of the Department of Justice (other than its expenses incurred in connection with carrying out section 103(a)) in carrying out its functions under this title.

21 USC 803.

 “(b) No funds appropriated under any other provision of this Act may be used for the expenses of the Department of Justice for which funds are authorized to be appropriated by subsection (a) of this section.”.
Sec. 2. Section 702 of the Controlled Substances Act is amended by

Savings provision.

adding at the end thereof the following new subsection:

21 USC 321 note.

 “(d) Notwithstanding subsection (a) of this section or section 1103, section 4202 of title 18, United States Code, shall apply to any individual

21 USC 171 note.

convicted under any of the laws repealed by this title or title III without regard to the terms of any sentence imposed on such

21 USC 1161.

individual under such law.”
Sec. 3. Section 509 of the Controlled Substances Act (21 U.S.C. 879) is amended by striking out “(a)” and subsection (b).
Sec. 4. (a) Subchapter VI of chapter 6 of title 23 of the District

Repeal.

D. C. Code 23–591.

of Columbia Code is repealed and the analysis of such chapter is amended by striking out the item relating to such subchapter. (b) Section 23–521 (f) of such title 23 is amended—

Search warrants.

 (1) by inserting “and” at the end of paragraph (5), and (2) by striking out paragraph (6) and redesignating paragraph

D. C. Code 23–521.

(7) as paragraph (6). (c) Section 23–522(c) of such title 23 is amended to read as follows:

Application.

D. C. Code 23–522.

 “(c) The application may also contain a request that the search warrant be made executable at any hour of the day or night upon the ground that there is probable cause to believe that (1) it cannot be executed during the hours of daylight, (2) the property sought is likely to be removed or destroyed if not seized forthwith, or (3) the property sought is not likely to be found except at certain times or in certain circumstances. Any request made pursuant to this subsection must be accompanied and supported by allegations of fact supporting such request.” 88 Stat. 1456

Execution of search warrants.

D. C. Code 23–524.

 (d) Section 23–524(a) of such title 23 is amended to read as follows: “(a) An officer executing a warrant directing a search of a dwelling house or other building or a vehicle shall execute such warrant in accordance with section 3109 of title 18, United States Code.”

Repeal.

D. C. Code 23–561.

 (e) The last sentence of section 23–561 (b)(1) of such title 23 is repealed.
Sec. 5. Section 1114 of title 18, United States Code, is amended by striking out “Bureau of Narcotics and Dangerous Drugs” and inserting in lieu thereof “q”.
Approved October 26, 1974.
Public Law 93–482: To amend the Tariff Schedules of the United States to provide for the duty-free entry of methanol imported for use as fuel, and for other purposes. Public Law 482 Public Law 93–482 88 Stat. 1456 1974-10-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–482 93rd Congress
AN ACT To amend the Tariff Schedules of the United States to provide for the duty-free entry of methanol imported for use as fuel, and for other purposes.

October 26, 1974

[H. R. 11251]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subpart D

Methanol, duty suspension; Internal Revenue Code of 1954, amendments.

of part 2 of schedule 4 of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by striking out item 427.96 and inserting in lieu thereof the following:
“  Methyl:
427.96   Imported only for use in producing synthetic natural gas (SNG) or for direct use as a fuel Free 18¢ per gal.
427.97   Other 7.6¢ per gal. 18¢ per gal. ”.

Effective date.

19 USC 1202 note.
Sec. 2. (a) The amendments made by the first section of this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act.

Duty rates.

 (b) The rates of duty in rate column numbered 1 of the Tariff Schedules of the United States (as amended by the first section of this Act) shall be treated as not having the status of statutory provisions enacted by the Congress, but as having been proclaimed by the President as being required or appropriate to carry out foreign trade agreements to which the United States is a party.

Corporations, qualified export assets.

26 USC 993.
Sec. 3. (a) Section 993(b)(3) of the Internal Revenue Code of 1954 (relating to qualified export assets) is amended by striking out “such corporation” and inserting in lieu thereof “such corporation or of another corporation which is a DISC and which is a member of a controlled group which includes such corporation”.

26 USC 993 note.

 (b) The amendment made by subsection (a) applies to taxable years beginning after December 31, 1973. The amendment shall, at the election of the taxpayer made within 90 days after the date of enactment of this Act, also apply to any taxable year beginning after December 31, 1971, and before January 1, 1974.

Low income rental housing, rehabilitation expenditures.

26 USC 167 note.
Sec. 4. Notwithstanding the provisions of section 167 (k)(1) of the Internal Revenue Code of 1954 (relating to depreciation of expenditures to rehabilitate low income rental housing), the provisions of section 167(k) shall apply with respect to rehabilitation expenditures incurred with respect to low income rental housing after December 31, 1974, and before January 1, 1978, if such expenditures are incurred pursuant to a binding contract entered into before December 31, 1974.
Approved October 26, 1974.
Public Law 93–483: To suspend until the close of June 30, 1975, the duty on certain carboxymethyl cellulose salts, and for other purposes. Public Law 483 Public Law 93–483 88 Stat. 1457 1974-10-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1457 Public Law 93–483 93rd Congress
AN ACT To suspend until the close of June 30, 1975, the duty on certain carboxymethyl cellulose salts, and for other purposes.

October 26, 1974

[H. R. 12035]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subpart B of

Carboxymethyl cellulose salts, duty suspension; Internal Revenue Code of 1954, amendments.

part 1 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting immediately after item 905.31 the following new item:
“ 907.60 Carboxymethyl cellulose sodium salts of a purity not exceeding 98 percent nor less than 95 percent by weight on a dry weight basis (provided for in item 465.87, part 8A, schedule 4) Free No change On or before 6/30/75. ”.
Sec. 2. The amendment made by the first section of this Act shall

Effective date.

19 USC 1202 note.

apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the day after the date of the enactment of this Act.
Sec. 3. (a) Section 2055(e) of the Internal Revenue Code of 1954

Disallowance of deductions.

26 USC 2055.

(relating to the disallowance of deductions in certain cases) is amended by adding at the end thereof the following new paragraph: “(3) In the case of a will executed before September 21, 1974, or a trust created before such date, if a deduction is not allowable at the time of the decedent’s death because of the failure of an interest in property which passes from the decedent to a person, or for a use, described in subsection (a), to meet the requirements of subparagraph (A) of paragraph (2) of this subsection, and if the governing instrument is amended or conformed on or before December 31, 1975, or, if later, on or before the 30th day after the date on which judicial proceedings begun on or before December 31, 1975 (which are required to amend or conform the governing instrument), become final, so that the interest is in a trust which is a charitable remainder annuity trust, a charitable remainder unitrust (described in section 664), or a pooled income

26 USC 664.

26 USC 642.

fund (described in section 642(c)(5)), a deduction shall nevertheless be allowed. The Secretary or his delegate may, by regulation, provide for the application of the provisions of this paragraph to trusts whose governing instruments are amended or conformed in accordance with this paragraph, and such regulations may provide for any adjustments in the application of the provisions of section 508 (relating to special rules with respect

26 USC 508.

26 USC 501.

26 USC 641.

26 USC 4940.

to section 501(c)(3) organizations), subchapter J (relating to estates, trusts, beneficiaries, and decedents), and chapter 42 (relating to private foundations), to such trusts made necessary by the application of this paragraph. If, by the due date for the filing of an estate tax return (including any extension thereof), the interest is in a charitable trust which, upon allowance of a deduction, would be described in section 4947(a) (1), or the interest

26 USC 4947.

passes directly to a person or for a use described in subsection (a), a deduction shall be allowed as if the governing instrument was amended or conformed under this paragraph. If the amendment or conformation of the governing instrument is made after the due date for the filing of the estate tax return (including any extension thereof), the deduction shall be allowed upon the filing of a timely claim for credit or refund (as provided for in section 6511) of an overpayment resulting from the application

26 USC 6511.

of this paragraph. In the case of a credit or refund as a result 88 Stat. 1458of an amendment or conformation made pursuant to this paragraph, no interest shall be allowed for the period prior to the expiration of the 180th day after the date on which the claim for credit or refund is filed.”

26 USC 2055 note.

 (b) The amendment made by subsection (a) shall apply with respect to estates of decedents dying after December 31, 1969.
SEC. 4. APPLICATION OF SECTION 117 TO CERTAIN EDUCATION PROGRAMS FOR MEMBERS OF THE UNIFORMED SERVICES.

26 USC 117 note.

 (a) In General.—Any amount received from appropriated funds as a scholarship, including the value of contributed services and accommodations, by a member of a uniformed service who is receiving training under the Armed Forces Health Professions Scholarship Program (or any other program determined by the Secretary of the Treasury or his delegate to have substantially similar objectives) from an educational institution (as defined in section 151(e)(4) of the Internal

26 USC 151.

26 USC 117.

Revenue Code of 1954) shall be treated as a scholarship under section 117 of such Code, whether that member is receiving training while on active duty or in an off-duty or inactive status, and without regard to whether a period of active duty is required of the member as a condition of receiving those payments. (b) Definition of Uniformed Services.—For purposes of this section, the term “uniformed service” has the meaning given it by section 101(3) of title 37, United States Code. (c) Effective Date.—The provisions of this section shall apply with respect to amounts received during calendar years 1973, 1974, and 1975.

26 USC 832.
Sec. 5. Section 832(e) of the Internal Revenue Code of 1954 (relating to special deduction and income account, in the case of certain insurance companies) is amended by inserting after paragraph (5) the following new paragraph: “(6) Lease guaranty insurance; insurance of state and local obligations.—In the case of any taxable year beginning after December 31, 1970, the provisions of this subsection shall also apply in all respects to a company which writes lease guaranty insurance or insurance on obligations the interest on which is

26 USC 103.

excludable from gross income under section 103. In applying this subsection to such a company, any reference to mortgage guaranty insurance contained in this section shall be deemed to be a reference also to lease guaranty insurance and to insurance on obligations the interest on which is excludable from gross income under

Losses resulting from adverse economic cycles.

section 103; and in the case of insurance on obligations the interest on which is excludable from gross income under section 103. the references in paragraph (1) to ‘losses resulting from adverse economic cycles’ include losses from declining revenues related to such obligations (as well as losses resulting from adverse economic cycles), and the time specified in subparagraph (A) of paragraph (5) shall be the twentieth preceding taxable year.”.

26 USC 62.
Sec. 6. (a) Section 62 of the Internal Revenue Code of 1954 is amended by inserting after paragraph (10) the following new paragraph: “(11) Penalties forfeited because of premature withdrawal of funds from time savings accounts or deposits.—The deductions allowed by section 165 for losses incurred in any transaction entered into for profit, though not connected with a trade or business to the extent that such losses include amounts forfeited to a 88 Stat. 1459bank, mutual savings bank, savings and loan association, building and loan association, cooperative bank or homestead association as a penalty for premature withdrawal of funds from a time savings account, certificate of deposit, or similar class of deposit.” (b) The amendment made by this section applies to taxable years

26 USC 62 note.

beginning after December 31, 1972.
Approved October 26, 1974.
Public Law 93–484: To suspend for a temporary period the import duty on certain horses, and for other purposes. Public Law 484 Public Law 93–484 88 Stat. 1459 1974-10-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–484 93rd Congress
AN ACT To suspend for a temporary period the import duty on certain horses, and for other purposes.

October 26, 1974

[H. R. 13631]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subpart B of

Horses, duty suspension; Social Security Act, amendments.

part 1 of the appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting immediately before item 903.90 the following new items:
“ Horses, other than for immediate slaughter (provided for in part 1, schedule 1):
903.50   Valued not over $150 per head (item 100.73) Free No change On or before 6/30/76
903.51   Valued over $150 per head (item 100.74) Free No change On or before 6/30/76 ”.
Sec. 2. The amendment made by the first section of this Act shall

Effective date.

19 USC 1202 note.

apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act.
Sec. 3. (a) Section 1878(f) of the Social Security Act is amended

Provider Reimbursement Review Board, decisions, review.

42 USC 1395oo.

to read as follows: “(f)(1) A decision of the Board shall lie final unless the Secretary, on his own motion, and within 60 days after the provider of services is notified of the Board’s decision, reverses, affirms, or modifies the Board’s decision. Providers shall have the right to obtain judicial review of any final decision of the Board, or of any reversal, affirmance, or modification by the Secretary, by a civil action commenced within 60 days of the date on which notice of any final decision by the Board or of any reversal, affirmance, or modification by the Secretary is received. Such action shall be brought in the district court of the United States for the judicial district in which the provider is located or in the District Court for the District of Columbia and shall be tried pursuant to the applicable provisions under chapter 7 of title 5, United States Code, notwithstanding any other provisions

5 USC 701.

42 USC 405.

in section 205. “(2) Where a provider seeks judicial review pursuant to paragraph

Judicial review.

(1), the amount in controversy shall be subject to annual interest beginning on the first day of the first month beginning after the 180-day period as determined pursuant to subsection (a)(3) and equal to the rate of return on equity capital established by regulation pursuant to section 1861 (v)(1) (B) and in effect at the time the civil action

42 USC 1395x.

authorized under paragraph (1) is commenced, to be awarded by the reviewing court in favor of the prevailing party. “(3) No interest awarded pursuant to paragraph (2) shall be deemed income or cost for the purposes of determining reimbursement due providers under this Act.” (b) The amendment made by subsection (a) shall be applicable to

42 USC 1395oo note.

cost reports of providers of services for accounting periods ending on or after June 30, 1973. 88 Stat. 1460

Benefits for aged, blind, and disabled, unearned income.
Sec. 4. Effective January 1, 1974, section 1612(a)(2)(A) of the Social Security Act is amended— (1) by inserting “(i)” immediately after “except that”; and

42 USC 1382a note.

42 USC 1382a.

 (2) by inserting immediately before the semicolon at the end of the subparagraph the following: “and (ii) in the case of any individual or his eligible spouse who resides in a nonprofit retirement home or similar nonprofit institution, support and maintenance shall not be included to the extent that it is furnished to such individual or such spouse without such institution receiving payment therefor (unless such institution has expressly undertaken an obligation to furnish full support and maintenance to such individual or spouse without any current or future payment therefor) or payment therefor is made by another nonprofit organization”.
Approved October 26, 1974.
Public Law 93–485: To amend the Atomic Energy Act of 1954, as amended, to enable Congress to concur in or disapprove international agreements for cooperation in regard to certain nuclear technology. Public Law 485 Public Law 93–485 88 Stat. 1460 1974-10-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–485 93rd Congress
AN ACT To amend the Atomic Energy Act of 1954, as amended, to enable Congress to concur in or disapprove international agreements for cooperation in regard to certain nuclear technology.

October 26, 1974

[S. 3698]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subsection

Atomic Energy Act of 1954, amendment.

42 USC 2153.

123 d. of the Atomic Energy Act of 1954, as amended, is revised to read as follows:

Agreements for cooperation, submittal to Congress.

42 USC 2121, 2164. 42 USC 2073, 2074, 2133, 2134.

Agreements for cooperation, submittal to Congress.

42 USC 2121, 2164. 42 USC 2073, 2074, 2133, 2134.

Agreements for cooperation, submittal to Congress.

42 USC 2121, 2164. 42 USC 2073, 2074, 2133, 2134. “d. The proposed agreement for cooperation, together with the approval and determination of the President, if arranged pursuant to subsection 91 c., 144 b., or 144 c., or if entailing implementation of sections 53, 54, 103, or 104 in relation to a reactor that may be capable of producing more than five thermal megawatts or special nuclear material for use in connection therewith, has been submitted to the Congress and referred to the Joint Committee and a period of sixty days has elapsed while Congress is in session (in computing such sixty days, there snail be excluded the days on which either House is not in session because of an adjournment of more than three days), but any such proposed agreement for cooperation shall not become effective if during such sixty-day period the Congress passes a concurrent resolution stating in substance that it does not favor the proposed agreement

Report to Congress.

for cooperation: Provided, That prior to the elapse of the first thirty days of any such sixty-day period the Joint Committee shall submit a report to the Congress of its views and recommendations respecting the proposed agreement and an accompanying proposed concurrent resolution stating in substance that the Congress favors, or does not favor, as the case may be, the proposed agreement for cooperation. Any such concurrent resolution so reported shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents) within twenty-five days and shall be voted on within five calendar days thereafter, unless such House shall otherwise determine.”.

42 USC 2153 note.
Sec. 2. This Act shall apply to proposed agreements for cooperation and to proposed amendments to agreements for cooperation hereafter submitted to the Congress.
Approved October 26, 1974.
Public Law 93–486: To provide for the establishment of the Clara Barton National Historic Site, Maryland; John Day Fossil Beds National Monument, Oregon; Knife River Indian Villages National Historic Site, North Dakota; Springfield Armory National Historic Site, Massachusetts; Tuskegee Institute National Historic Site, Alabama; Martin Van Buren National Historic Site, New York; and Sewall-Belmont House National Historic Site, Washington, District of Columbia; and for other purposes. Public Law 486 Public Law 93–486 88 Stat. 1461 1974-10-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1461 Public Law 93–486 93rd Congress
AN ACT To provide for the establishment of the Clara Barton National Historic Site, Maryland; John Day Fossil Beds National Monument, Oregon; Knife River Indian Villages National Historic Site, North Dakota; Springfield Armory National Historic Site, Massachusetts; Tuskegee Institute National Historic Site, Alabama; Martin Van Buren National Historic Site, New York; and Sewall-Belmont House National Historic Site, Washington, District of Columbia; and for other purposes.

October 26, 1974

[H. R. 13157]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Historic sites and national monument.

Establishment.

 <num value="I">TITLE I</num> <section class="firstIndent1 fontsize10"><num value="101"><inline class="smallCaps">Sec.</inline> 101. </num><subsection class="inline"><num value="a">(a) </num><chapeau>Unless otherwise provided hereafter, the Secretary <sidenote><p class="firstIndent1 fontsize8">Land acquisition.</p></sidenote>of the Interior (hereinafter referred to as the “Secretary”) is authorized to acquire by purchase with donated or appropriated funds, donation, exchange, or by transfer from another Federal agency such lands and interests in lands as hereafter provided for establishment as units of the national park system, as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>for establishment as the Clara Barton National Historic <sidenote><p class="firstIndent1 fontsize8">Clara Barton National Historic Site, Md.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s461">16 USC 461 note</ref>.</p></sidenote>Site, Maryland, those lands depicted on the map entitled “Boundary Map, Clara Barton National Historic Site, Maryland”, numbered NHSCLBA 90,001 and dated February 1974, which shall include the land and improvements occupied by Clara Barton, founder of the American Red Cross, located at 5801 Oxford Road, Glen Echo. Maryland: <proviso><i>Provided,</i> That the above-mentioned land and improvements may be acquired only by donation:</proviso> <proviso><i>And provided further,</i> That the donation of any privately owned lands within the historic site may not be accepted unless and until the property is vacant</proviso>;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>for establishment as the John Day Fossil Beds National <sidenote><p class="firstIndent1 fontsize8">John Day Fossil Beds National Monument, Oreg.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s431">16 USC 431 note</ref>.</p></sidenote>Monument, Oregon, those lands depicted on the map entitled “Boundary Map, John Day Fossil Beds National Monument”, numbered NMJDFB-20,014-A and dated June 1971: <proviso><i>Provided,</i> That the national monument shall not be established unless and until the State of Oregon donates or agrees to donate the Thomas Condon John Day Fossil Beds, Clarno, and Painted Hills State Parks:</proviso> <proviso><i>Provided further,</i> That the Secretary shall not acquire a fee title interest to more than one thousand acres of privately owned lands except by donation or exchange:</proviso> <proviso><i>Provided further,</i> That the Secretary shall designate the principal visitor center as <sidenote><p class="firstIndent1 fontsize8">Thomas Condon Visitor Center, designation.</p></sidenote>the “Thomas Condon Visitor Center”;</proviso></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>for establishment as the Knife River Indian Villages <sidenote><p class="firstIndent1 fontsize8">Knife River Indian Villages National Historic Site, N. Dak.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s461">16 USC 461 note</ref>.</p></sidenote>National Historic Site, North Dakota, those lands depicted on the map entitled “Boundary Map, Knife River Indian Villages National Historic Site, North Dakota”, numbered 468–20,012 and dated July 1970;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>for establishment as the Springfield Armory National <sidenote><p class="firstIndent1 fontsize8">Springfield Armory National Historic Site, Mass.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s461">16 USC 461 note</ref>.</p></sidenote>Historic Site, Massachusetts, those lands depicted on the map entitled “Boundary Map, Springfield Armory National Historic Site, Massachusetts”, numbered NHSSPAR-91,003 and dated January 1974, the oldest manufacturing arsenal in the United States: <proviso><i>Provided,</i> That the historic site shall not be established unless an agreement is executed which will assure the historical integrity of the site and until such lands as are needed for the historic site are donated for this purpose;</proviso></content></paragraph> <page identifier="/us/stat/88/1462">88 <inline class="smallCaps">Stat.</inline> 1462</page> <sidenote><p class="firstIndent1 fontsize8">Tuskegee Institute National Historic Site, Ala.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s461">16 USC 461 note</ref>.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content>for establishment as the Tuskegee Institute National Historic Site, Alabamba, those lands depicted on the map entitled “Boundary Map, Tuskegee Institute National Historic Site, Alabama”, numbered NHSTI 20,000-C and dated September 1973, which shall include the home of Booker T. Washington, the Carver Museum, and an antebellum property adjacent to the campus of Tuskegee Institute, known as Grey Columns; and</content> </paragraph> <sidenote><p class="firstIndent1 fontsize8">Martin Van Buren National Historic Site, N.Y.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s461">16 USC 461 note</ref>.</p></sidenote> <paragraph class="indent1 fontsize10"><num value="6">(6) </num><content>for establishment as the Martin Van Buren National Historic Site, New York, those lands depicted on the map entitled “Boundary Map, Martin Van Buren National Historic Site, New York”, numbered NHSMAVA-91,001 and dated January 1974, which shall include the home of Martin Van Buren, eighth President of the United States.</content></paragraph></subsection> <sidenote><p class="firstIndent1 fontsize8">Personal property, acquisition.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>The Secretary may also acquire personal property associated with the areas referred to in subsection (a) of this section. Lands and interests therein owned by a State or any political subdivision thereof which are acquired for the purposes of subsection (a) of this section may be acquired only by donation.</content></subsection></section> <sidenote><p class="firstIndent1 fontsize8">Notice to congressional committees.</p></sidenote> <section class="firstIndent1 fontsize10"><num value="102"><inline class="smallCaps">Sec.</inline> 102. </num><subsection class="inline"><num value="a">(a) </num><content>When the Secretary determines that an adequate interest in lands has been acquired to constitute an administrate unit for each of the areas described in section 1 of this Act, he may, after notifying the Committees on Interior and Insular Affairs of the United States Congress of his intention to do so at least fourteen days in <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>advance, declare the establishment of such unit by publication of a notice to that effect in the Federal Register. Such notice shall contain a map or other description of the boundaries of the unit, together with an explanation of the interests acquired and the costs incident thereto. The Secretary may refrain from acquiring property for establishment of any unit authorized by this Act where, in his judgment, satisfactory agreements or donations with respect to properties which are needed for the protection and administration of a particular unit have not been consummated with the owners of such properties.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Administration.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>Pending the establishment of each unit and, thereafter, the Secretary shall administer the property acquired pursuant to this Act in accordance with the provisions of the Act of August 25, 1916 (39 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s1">16 USC 1</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s461">16 USC 461</ref>.</p></sidenote>Stat. 535), as amended and supplemented, and, to the extent applicable, the provisions of the Act of August 21, 1935 (49 Stat. 666), as amended.</content></subsection></section> <sidenote><p class="firstIndent1 fontsize8">Tuskegee Institute National Historic Site, road construction.</p></sidenote> <section class="firstIndent1 fontsize10"><num value="103"><inline class="smallCaps">Sec.</inline> 103. </num><content>Notwithstanding any other provision of law, the Secretary is authorized to construct roads on real property in non-Federal ownership within the boundaries of the Tuskegee Institute National Historic Site. Any roads so constructed shall be controlled and maintained by the owners of the real property.</content></section> <sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec.</inline> 104. </num><chapeau>There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, not to exceed, however, the following:</chapeau> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <content>Clara Barton National Historic Site, $812,000 for acquisition of lands and interests in lands and for development;</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>John Day Fossil Beds National Monument, $400,000 for the acquisition of lands and interests in lands and $4,435,200 for development;</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>Knife River Indian Villages National Historic Site, $600,000 for the acquisition of lands and interests in lands and $2,268,000 for development;</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <content>Springfield Armory National Historic Site, $5,300,000 for development;</content> <page identifier="/us/stat/88/1463">88 <inline class="smallCaps">Stat.</inline> 1463</page> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">(e) </num> <content>Tuskegee Institute National Historic Site, $185,000 for the acquisition of lands and interests in lands and $2,722,000 for development; and</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="f">(f) </num> <content>Martin Van Buren National Historic Site, $213,000 for acquisition of lands and interests in lands and $2,737,000 for development.</content> </subsection> </section> <num value="II">TITLE II</num> <section class="firstIndent1 fontsize10"><num value="201"><inline class="smallCaps">Sec.</inline> 201. </num><content>In order to preserve for the benefit and inspiration of the <sidenote><p class="firstIndent1 fontsize8">Sewall-Belmont House National Historic Site, D.C.</p></sidenote>people of the United States as a national historic site, the Sewall-Belmont House within the District of Columbia, the Secretary of the Interior is authorized to enter into a cooperative agreement to assist in the preservation and interpretation of such house.</content></section> <section class="firstIndent1 fontsize10"><num value="202"><inline class="smallCaps">Sec.</inline> 202. </num><content>The property subject to cooperative agreement pursuant <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s461">16 USC 461 note</ref>.</p></sidenote>to section 101 of this Act is hereby designated as the “Sewall-Belmont House National Historic Site”.</content> </section> <section class="firstIndent1 fontsize10"><num value="203"><inline class="smallCaps">Sec.</inline> 203. </num><content>The cooperative agreement shall contain, but shall not be <sidenote><p class="firstIndent1 fontsize8">Cooperative agreement.</p></sidenote>limited to, provisions that the Secretary, through the National Park Service, shall have right of access at all reasonable times to all public portions of the property covered by such agreement for the purpose of conducting visitors through such property and interpreting it to the public, that no changes or alterations shall be made in such property except by mutual agreement between the Secretary and the other parties to such agreement. The agreement may contain specific provisions which outline in detail the extent of the participation by the Secretary in the restoration, preservation, and maintenance of the historic site.</content> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec.</inline> 204. </num><content>There are hereby authorized to be appropriated such sums <sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote>as may be necessary to carry out the purposes of this Act, but not to exceed $500,000.</content></section> Approved October 26, 1974.
Public Law 93–487: To amend the Intercoastal Shipping Act, 1933. Public Law 487 Public Law 93–487 88 Stat. 1463 1974-10-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–487 93rd Congress
AN ACT To amend the Intercoastal Shipping Act, 1933.

October 26, 1974

[H. R. 13561]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 5 of the

Intercoastal Shipping Act, 1933, amendment.

Intercoastal Shipping Act, 1933, as amended (46 U.S.C. 845b), is amended by changing the period to a comma at the end and adding the words: “and shall apply to the carriage, storage or handling of property for the United States, State or municipal governments, or for charitable purposes.”.
Sec. 2. Section 6 of the Intercoastal Shipping Act, 1933, as amended (46 U.S.C. 846), is deleted.
Approved October 26, 1974.
Public Law 93–488: To extend the Regional Rail Reorganization Act’s reporting date, and for other purposes. Public Law 488 Public Law 93–488 88 Stat. 1464 1974-10-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1464 Public Law 93–488 93rd Congress
JOINT RESOLUTION To extend the Regional Rail Reorganization Act’s reporting date, and for other purposes.

October 26, 1974

[S. J. Res. 250]

 Whereas the Senate and Congress recently enacted major reorganization legislation to prevent economic disaster in the area served by the Penn Central Railroad and six other bankrupt Class I railroads (Regional Rail Reorganization Act of 1973, Public

45 USC 701 note.

Law 93–236); and Whereas such legislation provided for the immediate establishment of a new entity, the United States Railway Association, to plan such reorganization and to adopt and release a “preliminary system plan” within 300 days after the enactment of the legislation, and to prepare and submit the “final system plan” to the directors of the Association within 420 days after enactment, pursuant to a funding authorization not to exceed $26,000,000; and Whereas, as a result of circumstances not within the control of the Congress or the United States Railway Association, the Association was unable to commence full-scale operations until more than four months later than was contemplated in the legislation; and Whereas the Association will not be able to prepare reorganization plans for an efficient, adequate, safe, and reliable rail transportation system in the Midwest and Northeast region of the United States unless it is granted an additional 120 days in which to adopt the preliminary system plan and an additional 120 days in which to prepare the final system plan and authorization for funding for such additional period; and Whereas such legislation provided a system of rail service continuation subsidies so that shippers and local and State governments could, on a matching basis with the Federal Government, continue rail service on selected lines within a State which might not otherwise continue to be operated; and Whereas confusion has been engendered by the failure to include in such legislation a definition of which rail services are eligible for such subsidies: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) section 207(a)(1)

Regional Rail Reorganization Act of 1973, amendments.

of the Regional Rail Reorganization Act of 1973 (87 Stat. 985) is amended by striking the figure “300” in the first sentence thereof and substituting therefor the figure “420”. (b) Section 207(c) of the Regional Rail Reorganization Act of 1973 (87 Stat. 985) is amended by striking the figure “420” in the first sentence thereof and substituting therefor the figure “540”. (c) Section 214(c) of the Regional Rail Reorganization Act of

45 USC 724.

1973 (87 Stat. 985) is amended by striking the figure “$26,000,000” and substituting therefor the figure “$40,000,000”. (d) Section 402(c) of the Regional Rail Reorganization Act of

45 USC 762.

1973 (87 Stat. 985) is amended by inserting “(1)” before the first sentence thereof, redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D), respectively, and by adding the following new paragraph:

Rail services continuation subsidies, eligibility.

 “(2) Rail freight services eligible for rail service continuation subsidies pursuant to subsection (b) of this section are— “(A) those rail services of railroads in reorganization in the region which the final system plan does not designate to be continued; “(B) those rail services in the region which have been at any time during the 5 year period prior to the date of enactment of 88 Stat. 1465this Act, or which are subsequent to the date of enactment of this Act, owned, leased, or operated by a State agency or a local or regional transportation authority or with respect to which a State, a political subdivision thereof, or a local or regional transportation authority has invested at any time during the 5 year period prior to the date of enactment of this Act, or invests subsequent to the date of enactment of this Act, substantial sums for improvement or maintenance of rail service; and “(C) those rail services in the region with respect to which the Commission issues a certificate of abandonment effective on or after the date of enactment of this Act.”. (e) The last sentence of section 403(a) of the Act is amended to

45 USC 763.

read: “Provided, however, That any rail service for which a State agency or local or regional transportation authority receives such loan is no longer eligible for a rail service continuation subsidy pursuant to section 402 of this title.”.

Ante, p. 1464.

Approved October 26, 1974.
Public Law 93–489: To declare that certain federally owned lands are held by the United States in trust for the Sisseton-Wahpeton Sioux Tribe of the Lake Traverse Indian Reservation in North and South Dakota. Public Law 489 Public Law 93–489 88 Stat. 1465 1974-10-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–489 93rd Congress
AN ACT To declare that certain federally owned lands are held by the United States in trust for the Sisseton-Wahpeton Sioux Tribe of the Lake Traverse Indian Reservation in North and South Dakota.

October 26, 1974

[S. 1412]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That all right, title,

Indians.

Sisseton-Wahpeton Sioux Tribe, N. Dak.-S. Dak.

Lands in trust.

Description.

and interest of the United States in and to land on the Lake Traverse Indian Reservation in North and South Dakota is hereby declared to be held by the United States in trust for the Sisseton-Wahpeton Sioux Tribe described as follows, to wit: (1) the southeast quarter of the southeast quarter of section 16, township 123 north, range 53 west of the fifth principal meridian, county of Day, State of South Dakota, containing 40 acres, more or less, and (2) the northwest quarter of the southeast quarter of section 4, township 123 north, range 51 west of the fifth principal meridian, comity of Roberts, State of South Dakota, containing 40 acres, more or less, and (3) the southwest quarter of the southwest quarter of the southwest quarter of section 15, township 126 north, range 52 west of the fifth principal meridian, county of Roberts, State of South Dakota, containing 10 acres, more or less, and (4) lots 13, 14, 15, and 16 of block 26, original plat of the town of Sisseton, county of Roberts, State of South Dakota, containing 0.24 acre, more or less. This conveyance is subject to all valid existing rights-of-way of record.

Right-of-way.

Improvement and use of certain lands.
Sec. 2. This conveyance is subject to the right of the United States to use and improve such portions of tracts numbered 1 and 2 as the Secretary of the Interior may determine for so long as may be necessary, but in no event to exceed 3 years.
Sec. 3. The Indian Claims Commission is directed to determine in

Claims offset against U.S.

25 USC 70a.

accordance with the provisions of the Act of August 13, 1946 (60 Stat. 1050), the extent to which the value of the title conveyed by this Act should or should not be set off against any claim against the United States determined by the Commission.
Approved October 26, 1974.
Public Law 93–490: To suspend the duties on certain bicycle parts and accessories until the close of December 31, 1976, and for other purposes. Public Law 490 Public Law 93–490 88 Stat. 1466 1974-10-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1466 Public Law 93–490 93rd Congress
AN ACT To suspend the duties on certain bicycle parts and accessories until the close of December 31, 1976, and for other purposes.

October 26, 1974

[H. R. 6642]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) items

Certain bicycle parts and accessories, duty suspension; Internal Revenue Code of 1954, amendments.

19 USC 1202 note.

912.05 and 912.10 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) are each amended by striking out “12/31/73” and inserting in lieu thereof “12/31/76”. (b) The amendments made by this section shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after December 31, 1973.
SEC. 2. APPLICATION OF SECTION 82 AND SECTION 217 TO MEMBERS OF UNIFORMED SERVICES.

26 USC 217 note.

26 USC 82, 217.

26 USC 217 note.

26 USC 82, 217. (a) General.—Notwithstanding the provisions of section 82 (relating to reimbursement for expenses of moving) and section 217 (relating to moving expenses), of the Internal Revenue Code of 1954, the Secretary of the Treasury, in the administration of those, sections, is authorized— (1) to enter into an agreement with the Secretary concerned under which the Secretary concerned will not be required to withhold tax on, or to report, moving expense reimbursements made to members of the armed forces; (2) to permit any taxpayer who is a member of the armed forces not to include in adjusted gross income the amount of any reimbursement in kind of moving expenses made by the Secretary concerned; and (3) to permit any taxpayer who is a member of the armed forces to deduct any amount paid by him as moving expenses in connection with any move required by the Secretary concerned, in excess of any reimbursement received for such expenses, without regard to the provisions of section 217(c)(relating to conditions), to the extent it is otherwise deductible under section 217. (b) Definitions.—For purposes of this section, the term— (1) “armed forces” has the meaning given it by section 101(4) of title 37, United States Code; (2) “Secretary concerned” means the Secretary of Defense and, with respect to the Coast Guard, the Secretary of Transportation; and (3) “adjusted gross income” and “moving expenses” have the meanings given them by sections 62 and 217(b), respectively,

26 USC 62.

of the Internal Revenue Code of 1954. (c) Effective Date.—The provisions of this section shall apply with respect to taxable years ending before January 1, 1976.
SEC. 3. REPEAL OF REGULATORY TAXES ON FILLED CHEESE. (a) In General.—

Repeal.

26 USC 4831.

 (1) Part II of subchapter C of chapter 39 (relating to regulatory provisions affecting filled cheese) is repealed. (2) The table of parts of such subchapter is amended by striking out the item relating to part II.

Repeal.

26 USC 7236.

 (b) Technical and Conforming Changes.— (1) Section 7236 (relating to false branding, etc.) is repealed. 88 Stat. 1467 (2) The table of sections of part II of subchapter A of chapter 75 is amended by striking out the item relating to section 7236.

26 USC 7236.

Repeal.

26 USC 7266.

 (3) Section 7266 (relating to offenses relating to filled cheese) is repealed. (4) The table of sections of subchapter B of chapter 75 is amended by striking out the item relating to section 7266. (5) Section 7303 (relating to property subject to forfeiture) is

26 USC 7303.

amended by striking out paragraphs (4) and (5) and inserting in lieu thereof the following: “(4) Purchase or receipt of adulterated butter.—All articles of adulterated butter (or the full value thereof) knowingly purchased or received by any person from any manufacturer or importer who has not paid the special tax provided in section 4821.

26 USC 4821.

 “(5) Packages of oleomargarine.—All packages of oleomargarine subject to the tax under subchapter F of chapter 38 that

26 USC 4591.

shall be found without the stamps or marks provided for in that chapter.”. (6) Section 6808 (relating to cross references) is amended by

26 USC 6808.

striking out paragraph (5). (7) Section 7103(d)(3)(relating to cross references) is

26 USC 7103.

amended by striking out subparagraph (C). (8) Section 7641 (relating to supervision of operations of certain

26 USC 7641.

manufacturers) is amended by striking out “filled cheese,”. (c) Effective Date.—The repeals and amendments made by this

26 USC 4831 note.

section shall apply to filled cheese manufactured, imported, or sold after the date of enactment of this Act. (d) Amendment of Internal Revenue Code.—Whenever an amendment in this section is expressed in terms of an amendment to or repeal of a section or other provision, the reference is to a section or other provision of the Internal Revenue Code of 1954.

26 USC 1 et seq.
SEC. 4. APPLICATION OF SECTION 4942 TAX ON FAILURE TO DISTRIBUTE INCOME. (a) In General.—Section 101(1)(3) of the Tax Reform Act of 1969 (relating to savings provisions under section 4942 of the Internal

26 USC 4940 note.

26 USC 4942.

Revenue Code of 1954) is amended by— (1) striking out “and” in subparagraph (D), (2) striking out the period at the end of subparagraph (E) and inserting in lieu thereof “; and”, and (3) adding after subparagraph (E) the following new subparagraph: “(F) apply, in the case of an organization described in paragraph (4)(A) of this subsection, “(i) by applying section 4942(e) without regard to the stock to which paragraph (4)(A)(ii) of this subsection applies, “(ii) by applying section 4942(f) without regard to dividend income for such stock, and “(iii) by defining the distributable amount as the sum or the amount determined under section 4942(d)(after the application of clauses (i) and (ii)), and the amount of the dividend income from such stock.”. (b) The amendment made by this section shall apply to taxable years beginning after December 31, 1971. 88 Stat. 1468
SEC. 5. STUDY OF COMBINED ANNUAL REPORTING FOR SOCIAL SECURITY AND INCOME TAX PURPOSES. The Secretary and the Secretary of Health, Education, and Welfare shall (1) study the desirability and feasibility of instituting a system of combined social security-income tax reporting on an annual basis, and the effect of such a system on social security beneficiaries, on the costs to employers and to the social security program, and on the administration

Report to congressional committees.

of such program, and (2) submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, no later than December 31, 1974, a joint report of the results of such study containing their recommendations as to the provisions, procedures, and requirements which might be included in such a system and the maimer in which it might be put into effect.
SEC. 6. IMPOSITION AND RATE OF TAX ON STILL WINES.

26 USC 5041.

 (a) In General.—The last sentence of section 5041(a) of the Internal Revenue Code of 1954 (relating to tax on wines) is amended by striking out “0.277” and inserting in lieu thereof “0.392”.

26 USC 5041 note.

 (b) Effective Date.—The amendment made by this section shall take effect on the first day of the first calendar month which begins more than 90 days after the date of enactment of this Act.
Approved October 26, 1974.
Public Law 93–491: To authorize the Sisseton and Wahpeton Sioux Tribe of the Lake Traverse Reservation to consolidate its landholdings in North Dakota and South Dakota, and for other purposes. Public Law 491 Public Law 93–491 88 Stat. 1468 1974-10-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–491 93rd Congress
AN ACT To authorize the Sisseton and Wahpeton Sioux Tribe of the Lake Traverse Reservation to consolidate its landholdings in North Dakota and South Dakota, and for other purposes.

October 26, 1974

[S. 1411]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary

Indians.

Sisseton and Wahpeton Sioux Tribe, N. Dak.-S. Dak.

Land acquisition.

of the Interior is authorized, at his discretion and upon the request of the Sisseton and Wahpeton Sioux Tribe, of the Lake Traverse Reservation or its designated agent in the States of North Dakota and South Dakota, to acquire through purchase, gift, or exchange any lands or interest in lands within the boundaries of the Lake Traverse Reservation in North Dakota and South Dakota for the purpose of consolidating landholdings, eliminating fractionated heirship interests in Indian trust lands, providing land for any tribal program for the improvement of the economy of the tribe and its members through the development of industry, recreational facilities, housing projects, and the general rehabilitation and enhancement of the total resource potential of the reservation. For the purchase of such lands or interests in lands the use of any funds available to the tribe from any source is authorized and title to any land acquired under the authority of this Act shall be taken in the name of the United States in trust for the Sisseton and Wahpeton Sioux Tribe of the Lake Traverse Reservation in North Dakota and South Dakota.
88 Stat. 1469
Sec. 2. (a) Notwithstanding any other provision of law, the Sisseton

Tribal property, sale or exchange.

and Wahpeton Sioux Tribe of the Lake Traverse Reservation, acting through its governing body or its designated agent, is authorized with the approval of the Secretary of the Interior to exchange or sell any tribal real property not needed or suitable for use by the tribe or so situated or located that it would be to the economic advantage of the tribe to sell or exchange the property; except that (1) any such sale shall be by competitive sealed bidding, and a preference shall be given to enrolled members of the Sisseton Wahpeton Sioux Tribe of the Lake Traverse Reservation to match the high bid; (2) the amount or exchange value received for the property shall not be less than the fair market value thereof as determined by the Secretary of the Interior or his duly authorized representative; (3) if lands involved in an exchange are not of equal value, the difference in value shall be paid in money; (4) any proceeds from the sale of land under this authority or money received to equalize an exchange shall be used exclusively for the purchase of other land on the reservation; (5) title to any land acquired for the tribe under this authority shall lie taken in the name of the United States in trust for the tribe; and (6) if an enrolled member of the Sisseton and Wahpeton Sioux Tribe of the Lake Traverse Reservation acquires land from the tribe under this Act, title may, with the approval of the Secretary of the Interior, be taken in the name of the United States in trust for the use and benefit of such member. (b) All of the foregoing provisions of this Act shall be construed to be exclusive to resident United States citizens enrolled as members of the Sisseton Wahpeton Sioux Tribe of the Lake Traverse Reservation.
Sec. 3. All lands acquired by the United States in trust for the tribe

Tax exemption.

or members thereof under the authority of this Act shall be exempt from State and local taxation.
Sec. 4. Any tribal land may, with the approval of the Secretary

Mortages and deeds of trust.

of the Interior, be encumbered by a mortgage or deed of trust, and shall be subject to foreclosure or sale pursuant to the terms of such mortgage or deed of trust in accordance with the laws of the State in which the land is located. For the purpose of the foreclosure or sale proceeding, the Sisseton and Wahpeton Sioux Tribe of the Lake Traverse Reservation shall be regarded as vested with an unrestricted fee simple title to the land. The United States shall not be a necessary party to the foreclosure or sale proceeding, and any conveyance of the land pursuant to such proceeding shall divest the United States of title to the land. Title to any land redeemed or acquired by the tribe at such foreclosure or sale proceeding shall be taken in the name of the United States in trust for the tribe, and title to any land purchased by an individual member of the tribe at such proceeding may, with the approval of the Secretary of the Interior, be taken in the name of the United States in trust for the use and benefit of the individual Indian purchaser.
Sec. 5. The Secretary of the Interior is authorized to take such action as may be necessary to carry out the purposes of this Act.
Approved October 26, 1974.
Public Law 93–492: To amend the National Traffic and Motor Vehicle Safety Act of 1966 to authorize appropriations for the fiscal years 1975 and 1976; to provide for the remedy of certain defective motor vehicles without charge to the owners thereof; to require that schoolbus safety standards be prescribed; to amend the Motor Vehicle Information and Cost Savings Act to provide for a special demonstration project; and for other purposes. Public Law 492 Public Law 93–492 88 Stat. 1470 1974-10-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1470 Public Law 93–492 93rd Congress
AN ACT To amend the National Traffic and Motor Vehicle Safety Act of 1966 to authorize appropriations for the fiscal years 1975 and 1976; to provide for the remedy of certain defective motor vehicles without charge to the owners thereof; to require that schoolbus safety standards be prescribed; to amend the Motor Vehicle Information and Cost Savings Act to provide for a special demonstration project; and for other purposes.

October 27, 1974

[S. 355]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Motor Vehicle and Schoolbus Safety Amendments of 1974.

15 USC 1409 note.

be cited as the “Motor Vehicle and Schoolbus Safety Amendments of 1974”.
<num value="I">TITLE I—</num> <heading class="inline">MOTOR VEHICLE SAFETY</heading> <section> <num value="101">SEC. 101. </num> <heading>AUTHORIZATION OF APPROPRIATIONS.</heading> <content>Section 121 of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1409) is amended to read as follows: <quotedContent><section><num value="121"><inline class="smallCaps">“Sec.</inline> 121. </num><content>There are authorized to be appropriated for the purpose of carrying out this Act, not to exceed $55,000,000 for the fiscal year ending June 30, 1975, and not to exceed $60,000,000 for the fiscal year ending June 30, 1976.”</content></section></quotedContent></content> </section> <section> <num value="102">SEC. 102. </num> <heading>NOTIFICATION AND REMEDY.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Requirement of Notification and Remedy.—</inline></heading><content>Title I of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1402">15 USC 1402</ref>.</p></sidenote>1391, et seq.) is amended by striking out section 113 and by adding at the end of such title the following new part: <quotedContent> <part> <num value="B">“<inline class="smallCaps">Part B</inline>—</num><heading class="inline"><inline class="smallCaps">Discovery, Notification, and Remedy of Motor Vehicle Defects</inline></heading> <section><heading class="smallCaps centered">“notification respecting manufacturer’s finding of defect or failure to comply</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1411">15 USC 1411</ref>.</p></sidenote> <num value="151">“<inline class="smallCaps">Sec.</inline> 151. </num><chapeau>If a manufacturer—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>obtains knowledge that any motor vehicle or item of replacement equipment manufactured by him contains a defect and determines in good faith that such defect relates to motor vehicle safety; or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>determines in good faith that such vehicle or item of replacement equipment does not comply with an applicable Federal motor vehicle safety standard prescribed pursuant to section 103 of this Act;</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">he shall furnish notification to the Secretary and to owners, purchasers, and dealers, in accordance with section 153, and he shall remedy the defect or failure to comply in accordance with section 154.</continuation></section> <section><heading class="smallCaps centered">“notification respecting secretary’s finding of defect or failure to comply</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1412">15 USC 1412</ref>.</p></sidenote> <num value="152"><inline class="smallCaps">“Sec.</inline> 152. </num><subsection class="inline"><num value="a">(a) </num><chapeau>If through testing, inspection, investigation, or research carried out pursuant to this Act, or examination of communications under section 158(a)(1), or otherwise, the Secretary determines that any motor vehicle or item of replacement equipment—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>does not comply with an applicable Federal motor vehicle safety standard prescribed pursuant to section 103 of this Act; or</content> <page identifier="/us/stat/88/1471">88 <inline class="smallCaps">Stat.</inline> 1471</page> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>contains a defect which relates to motor vehicle safety;</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">he shall immediately notify the manufacturer of such motor vehicle or item of replacement equipment of such determination, and shall publish <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>notice of such determination in the Federal Register. The notification to the manufacturer shall include all information upon which the determination of the Secretary is based. Such notification (including such information) shall be available to any interested person, subject to section 158(a)(2)(B). The Secretary shall afford such manufacturer <sidenote><p class="firstIndent1 fontsize8">Data, views, and arguments, presentation opportunity.</p></sidenote>an opportunity to present data, views, and arguments to establish that there is no defect or failure to comply or that the alleged opportunity, defect, does not affect motor vehicle safety; and shall afford other interested persons an opportunity to present data, views, and arguments respecting the determination of the Secretary.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>If, after such presentations by the manufacturer and interested persons, the Secretary determines that such vehicle or item of replacement equipment does not comply with an applicable Federal motor vehicle safety standard, or contains a defect which relates to motor vehicle safety, the Secretary shall order the manufacturer (1) to furnish notification respecting such vehicle or item of replacement equipment to owners, purchasers, and dealers in accordance with section 153, and (2) to remedy such defect or failure to comply in accordance with section 154.</content></subsection></section> <section><heading class="smallCaps centered">“contents, time, and form of notice</heading> <num value="153">“<inline class="smallCaps">Sec.</inline> 153. </num><subsection class="inline"><num value="a">(a) </num><chapeau>The notification required by section 151 or 152 respecting <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1413">15 USC 1413</ref>.</p></sidenote>a defect in or failure to comply of a motor vehicle or item of replacement equipment shall contain, in addition to such other matters as the Secretary may prescribe by regulation—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>a clear description of such defect or failure to comply;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>an evaluation of the risk to motor vehicle safety reasonably related to such defect or failure to comply;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>a statement of the measures to be taken to obtain remedy of such defect or failure to comply;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>a statement that the manufacturer furnishing the notification will cause such defect or failure to comply to be remedied without charge pursuant to section 154;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>the earliest date (specified in accordance with the second and third sentences of section 154(b)(2)) on which such defect or failure to comply will be remedied without charge and, in the case of tires, the period during which such defect or failure to comply will be remedied without charge pursuant to section 154; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content>a description of the procedure to be followed by the recipient of the notification in informing the Secretary whenever a manufacturer, distributor, or dealer fails or is unable to remedy without charge such defect or failure to comply.</content> </paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <chapeau>The notification required by section 151 or 152 shall be furnished—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>within a reasonable time after the manufacturer first makes a determination with respect to a defect or failure to comply under section 151; or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>within a reasonable time (prescribed by the Secretary) after the manufacturer’s receipt of notice of the Secretary’s determination pursuant to section 152 that there is a defect or failure to comply.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <chapeau>The notification required by section 151 or 152 with respect to a motor vehicle or item of replacement equipment shall be accomplished—</chapeau> <page identifier="/us/stat/88/1472">88 <inline class="smallCaps">Stat.</inline> 1472</page> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>in the case of a motor vehicle, by first class mail to each person who is registered under State law as the owner of such vehicle and whose name and address is reasonably ascertainable by the manufacturer through State records or other sources available to him;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>in the case of a motor vehicle, or tire, by first class mail to the first purchaser (or if a more recent purchaser is known to the manufacturer, to the most recent purchaser known to the manufacturer) of each such vehicle or tire containing such defect or failure to comply, unless the registered owner (if any) of such vehicle was notified under paragraph (1);</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>in the case of an item of replacement equipment (other than a tire), (A) by first class mail to the most recent purchaser known to the manufacturer; and (B) if the Secretary determines that it is necessary in the interest of motor vehicle safety, by public notice in such manner as the Secretary may order after consultation with the manufacturer;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>by certified mail or other more expeditious means to the dealer or dealers of such manufacturer to whom such motor vehicle or replacement equipment was delivered; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>by certified mail to the Secretary, if section 151 applies.</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">In the case of a tire which contains a defect or failure to comply (or of a motor vehicle on which such tire was installed as original equipment), the manufacturer who is required to provide notification under paragraph (1) or (2) may elect to provide such notification by certified mail.</continuation></subsection></section> <section><heading><inline class="smallCaps">“remedy of defect or failure to comply</inline></heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1414">15 USC 1414</ref>.</p></sidenote> <num value="154">“<inline class="smallCaps">Sec.</inline> 154. </num><subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1) </num><content>If notification is required under section 151 or by an order under section 152(b) with respect to any motor vehicle or item of replacement equipment which fails to comply with an applicable Federal motor vehicle safety standard or contains a defect which relates to motor vehicle safety, then the manufacturer of each such motor vehicle or item of replacement equipment presented for remedy pursuant to such notification shall cause such defect or failure to comply in such motor vehicle or such item of replacement equipment to be remedied without charge. In the case of notification required by an order under section 152(b), the preceding sentence shall not apply during any period during which enforcement of the order has been restrained in an action to which section 155(a) applies or if such order has been set aside in such an action.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2)</num><subparagraph class="inline"><num value="A">(A) </num><chapeau>In the case of a motor vehicle presented for remedy pursuant to such notification, the manufacturer (subject to subsection (b) of this section) shall cause the vehicle to be remedied by whichever of the following means he elects:</chapeau> <clause class="indent3 fontsize10"><num value="i">“(i) </num><content>By repairing such vehicle.</content></clause> <clause class="indent3 fontsize10"><num value="ii">“(ii) </num><content>By replacing such motor vehicle without charge, with an identical or reasonably equivalent vehicle.</content></clause> <clause class="indent3 fontsize10"><num value="iii">“(iii) </num><content>By refunding the purchase price of such motor vehicle in full, less a reasonable allowance for depreciation.</content></clause> <continuation class="indent0 firstIndent0 fontsize10">Replacement or refund may be subject to such conditions imposed by the manufacturer as the Secretary may permit by regulation.</continuation></subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>In the case of an item of replacement equipment the manufacturer shall (at his election) cause either the repair of such item of replacement equipment, or the replacement of such item of replacement equipment without charge with an identical or reasonably equivalent item of replacement equipment.</content> <page identifier="/us/stat/88/1473">88 <inline class="smallCaps">Stat.</inline> 1473</page> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>The dealer who effects remedy pursuant to this section without charge shall receive fair and equitable reimbursement for such remedy from the manufacturer.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>The requirement of this section that remedy be provided without charge shall not apply if the motor vehicle or item of replacement equipment was purchased by the first purchaser more than 8 calendar years (3 calendar years in the case of a tire, including an original equipment tire) before (A) notification respecting the defect or failure to comply is furnished pursuant to section 101, or (B) the Secretary orders such notification under section 152, whichever is earlier.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5)</num><subparagraph class="inline"><num value="A">(A) </num><content>The manufacturer of a tire (including an original equipment tire) presented for remedy by an owner or purchaser pursuant to notification under section 153 shall not be obligated to remedy such tire if such tire is not presented for remedy during the 60-day period beginning on the later of (i) the date on which the owner or purchaser received such notification or (ii) if the manufacturer elects replacement, the date on which the owner or purchaser received notice that a replacement tire is available.</content></subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>If the manufacturer elects replacement and if a replacement tire is not in fact available during the 60-day period, then the limitation under subparagraph (A) on the manufacturer’s remedy obligation shall be applicable only if the manufacturer provides a notification (subsequent to the notification provided under subparagraph (A)(ii)) that replacement tires are to be available during a later 60-day period (beginning after such subsequent notification), and in that case the manufacturer’s obligation shall be limited to tires presented for remedy during the later 60-day period if the tires are in fact available during that period.</content> </subparagraph> </paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1) </num><content>Whenever a manufacturer has elected under subsection (a) to cause the repair of a defect in a motor vehicle or item of replacement equipment or of a failure of such vehicle or item of replacement equipment to comply with a motor vehicle safety standard, and he has failed to cause such defect or failure to comply to be adequately repaired within a reasonable time, then (A) he shall cause the motor vehicle or item of replacement equipment to be replaced with an identical or reasonably equivalent vehicle or item of replacement equipment without charge, or (B)(in the case of a motor vehicle and if the manufacturer so elects) he shall cause the purchase price to be refunded in full, less a reasonable allowance for depreciation. Failure to adequately repair a motor vehicle or item of replacement equipment within 60 days after tender of the motor vehicle or item of replacement equipment for repair shall be prima facie evidence of failure to repair within a reasonable time; unless prior to the expiration <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>of such 60-day period the Secretary, by order, extends such 60-day period for good cause shown and published in the Federal Register.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>For purposes of this subsection, the term ‘tender’ does not include presenting a motor vehicle or item of replacement equipment for repair prior to the earliest date specified in the notification pursuant to section 153(a) on which such defect or failure to comply will lie remedied without charge, or (if notification was not afforded pursuant to section 153(a)) prior to the date specified in any notice required to be given under section 155(d). In either case, such date shall be specified by the manufacturer and shall be the earliest date on which parts and facilities can reasonably be expected to be available. Such date shall be subject to disapproval by the Secretary.</content> <page identifier="/us/stat/88/1474">88 <inline class="smallCaps">Stat.</inline> 1474</page> </paragraph> </subsection> <sidenote><p class="firstIndent1 fontsize8">Program filed with Secretary; notice of availability published in Federal Register.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <content>The manufacturer shall file with the Secretary a copy of his program pursuant to this section for remedying any defect or failure to comply, and the Secretary shall make the program available to the public. Notice of such availability shall be published in the Federal Register.</content></subsection></section> <section><heading><inline class="smallCaps">“enforcement of notification and remedy orders</inline></heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1415">15 USC 1415</ref>.</p></sidenote> <num value="155">“<inline class="smallCaps">Sec.</inline> 155. </num><subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1) </num><content>An action under section 110(a) to restrain a violation of an order issued under section 152(b), or under section 109 to collect a civil penalty with respect to a violation of such an order, or any other civil action with respect to such an order, may be brought only in the United States district court for the District of Columbia or the United States district court for a judicial district in the State of incorporation (if any) of the manufacturer to which the order applies; unless on motion of any party the court orders a change of venue to any other district court for good cause shown. All actions (including enforcement actions) brought with respect to the same order under section 152(b) shall be consolidated in an action in a single judicial district, in accordance with an order of the court in which the first such action is brought (or if such first action is transferred to another court, by order of such other court).</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The court shall expedite the disposition of any civil action to which this subsection applies.</content> </paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><chapeau>If a civil action which relates to an order under section 152(b), and to which subsection (a) of this section applies, has been commenced, the Secretary may order the manufacturer to issue a provisional <sidenote><p class="firstIndent1 fontsize8">Notification.</p></sidenote>notification which shall contain—</chapeau> <subparagraph class="indent2 fontsize10"><num value="A">“(A) </num><content>a statement that the Secretary has determined that a defect which relates to motor vehicle safety, or failure to comply with a Federal motor vehicle safety standard, exists, and that the manufacturer is contesting such determination in a proceeding in a United States district court,</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="B">“(B) </num><content>a clear description of the Secretary’s stated basis for his determination that there is such a defect or failure,</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="C">“(C) </num><content>the Secretary’s evaluation of the risk to motor vehicle safety reasonably related to such defect or failure to comply,</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="D">“(D) </num><content>any measures which in the judgment of the Secretary are necessary to avoid an unreasonable hazard resulting from the defect or failure to comply,</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="E">“(E) </num><content>a statement that the manufacturer will cause such defect or failure to comply to be remedied without charge pursuant to section 154, but that this obligation of the manufacturer is conditioned on the outcome of the court proceeding, and</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="F">“(F) </num><content>such other matters as the Secretary may prescribe by regulation or in such order.</content></subparagraph> <continuation class="indent0 firstIndent0 fontsize10">Issuance of notification under this subsection does not relieve the manufacturer of any liability for failing to issue notification required by an order under section 152(b).</continuation> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c)</num><paragraph class="inline"><num value="1">(1) </num><content>If a manufacturer fails to notify owners or purchasers in accordance with section 153(c) within the period specified under section 153(b), the court may hold him liable for a civil penalty with respect to such failure to notify, unless the manufacturer prevails in an action described in subsection (a) of this section or unless the court in such an action restrains the enforcement of such order (in which case he shall not be liable with respect to any period for which the effectiveness of the order was stayed). The court shall restrain the enforcement of such an order only if it determines. (A) that the failure to furnish notification is reasonable, and (B) that the manufacturer has demonstrated that he is likely to prevail on the merits.</content></paragraph> <page identifier="/us/stat/88/1475">88 <inline class="smallCaps">Stat.</inline> 1475</page> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>If a manufacturer fails to notify owners or purchasers as required by an order under subsection (b) of this section, the court may hold him liable for a civil penalty without regard to whether or not he prevails in an action (to which subsection (a) applies) with respect to the validity of the order issued under section 152(b).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num> <chapeau>If (i) a manufacturer fails within the period specified in section 153(b) to comply with an order under section 152(b) to afford notification to owners and purchasers, (ii) a civil action to which subsection (a) applies is commenced with respect to such order, and (iii) the Secretary prevails in such action, then the Secretary shall order the manufacturer—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>to afford notice (which notice may be combined with any notice required by an order under section 152(b)) to each owner, purchaser, and dealer described in section 153(c) of the outcome of the proceeding and containing such other information as the Secretary may require;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>to specify (in accordance with the second and third sentences of section 154(b)) the earliest date on which such defect or failure will be remedied without charge; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>if notification was required under subsection (b) of this section, to reimburse such owner or purchaser for any reasonable and necessary expenses (not in excess of any amount specified in the order of the Secretary) which are incurred (A) by such owner or purchaser; (B) for the purpose of repairing the defect or failure to comply to which the order relates; and (C) during the period beginning on the date such notification under subsection (b) was required to be issued and ending on the date such owner or purchaser receives notification pursuant to this subsection.</content></paragraph></subsection> </section> <section><heading><inline class="smallCaps">“reasonableness of notification and remedy</inline></heading> <num value="156">“<inline class="smallCaps">Sec.</inline> 156. </num><content>Upon petition of any interested person or on his own <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1416">15 USC 1416</ref>.</p> <p class="firstIndent1 fontsize8">Hearing.</p></sidenote>motion, the Secretary may hold a hearing in which any interested person (including a manufacturer) may make oral (as well as written) presentations of data, views, and arguments on the question of whether a manufacturer has reasonably met his obligation to notify under section 151 or 152, and to remedy a defect or failure to comply under section 154. If the Secretary determines the manufacturer has not reasonably met such obligation, he shall order the manufacturer to take specified action to comply with such obligation; and, in addition, the Secretary may take any other action authorized by this title.</content></section> <section><heading class="smallCaps centered">“exemption for inconsequential defect or failure to comply</heading> <num value="157"><inline class="smallCaps">“Sec.</inline> 157. </num><content>Upon application of a manufacturer, the Secretary shall <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1417">15 USC 1417</ref>.</p></sidenote>exempt such manufacturer from any requirement under this part to give notice with respect to, or to remedy, a defect or failure to comply, if he determines, after notice in the Federal Register and opportunity <sidenote><p class="firstIndent1 fontsize8">Notice in Federal Register; data, views and arguments, presentation opportunity.</p></sidenote>for interested persons to present data, views, and arguments, that such defect or failure to comply is inconsequential as it relates to motor vehicle safety.</content></section> <section><heading class="smallCaps centered">“information, disclosure, and recordkeeping</heading> <num value="158"><inline class="smallCaps">“Sec.</inline> 158. </num><subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1) </num><content>Every manufacturer shall furnish to the Secretary <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1418">15 USC 1418</ref>.</p></sidenote>a true or representative copy of all notices, bulletins, and other communications to the dealers of such manufacturer or to owners or purchasers of motor vehicle or replacement equipment produced by such manufacturer regarding any defect or failure to comply in such vehicle or equipment which is sold or serviced.</content></paragraph> <page identifier="/us/stat/88/1476">88 <inline class="smallCaps">Stat.</inline> 1476</page> <paragraph class="indent1 fontsize10"> <num value="2">“(2)</num><subparagraph class="inline"><num value="A">(A) </num><content>Except as provided in subparagraph (B), the Secretary shall disclose to the public so much of any information which is obtained under this Act and which relates to a defect which relates to motor vehicle safety or to a failure to comply with an applicable Federal motor vehicle safety standard, as he determines will assist in carrying out the purposes of this part or as may be required by section 152.</content></subparagraph> <sidenote><p class="firstIndent1 fontsize8">Confidential information.</p></sidenote> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>Any information described in subparagraph (A) which contains or relates to a trade secret or other matter referred to in section 1905 of title 18, United States Code, shall be considered confidential for purposes of that section and shall not be disclosed; unless the Secretary determines that disclosure of such information is necessary to carry out the purposes of this title.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>Any obligation to disclose information under this paragraph shall be in addition to and not in lieu of the requirements of section 552 of title 5, United States Code.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>Every manufacturer of motor vehicles or tires shall cause the establishment and maintenance of records of the name and address of the first purchaser of each motor vehicle and tire produced by such manufacturer. To the extent required by regulations of the Secretary, every manufacturer of motor vehicles or tires shall cause the establishment and maintenance of records of the name and address of the first purchaser of each item of replacement equipment other than a tire produced by such manufacturer. The Secretary may, by rule, specify the records to lie established and maintained, and reasonable procedures to be followed by manufacturers in establishing and maintaining such records, including procedures to be followed by distributors and dealers to assist manufacturers to secure the information required by this subsection; except that the availability or not of such assistance shall not affect the obligation of manufacturers under this subsection. Such procedures shall be reasonable for the particular type of motor vehicle or tires for which they are prescribed, and shall provide reasonable assurance that customer lists of any dealer and distributor, and similar information, will not be made available to any person other than the dealer or distributor, except where necessary to carry out the purpose of this part.</content></subsection></section> <section><heading><inline class="smallCaps">“definitions</inline></heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1419">15 USC 1419</ref>.</p></sidenote> <num value="159"><inline class="smallCaps">“Sec.</inline> 159. </num><chapeau>For purposes of this part:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>The retreader of tires shall be deemed the manufacturer of tires which have been retreaded, and the brand name owner of tires marketed under a brand name not owned by the manufacturer of the tire shall be deemed the manufacturer of tires marketed under such brand name.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau>Except as otherwise provided in regulations of the Secretary:</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>The term ‘original equipment’ means an item of motor vehicle equipment (including a tire) which was installed in or on a motor vehicle at the time of its delivery to the first purchaser.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>The term ‘replacement equipment’ means motor vehicle equipment (including a tire) other than original equipment.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>A defect in, or failure to comply of, an item of original equipment shall be deemed to be a defect in, or failure to comply of, the motor vehicle in or on which such equipment was installed at the time of its delivery to the first purchaser.</content> <page identifier="/us/stat/88/1477">88 <inline class="smallCaps">Stat.</inline> 1477</page> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content>If the manufacturer of a motor vehicle is not the manufacturer of original equipment installed in or on such vehicle at the time of its delivery to the first purchaser, the manufacturer of the vehicle (rattier than the manufacturer of such equipment) shall be considered the manufacturer of such item of equipment.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>The term ‘first purchaser’ means first purchaser for purposes other than resale.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>The term ‘adequate repair’ does not include any repair which results in substantially impaired operation of a motor vehicle or item of replacement equipment.</content></paragraph> </section> <section><heading class="smallCaps centered">“effect on other laws</heading> <num value="160"><inline class="smallCaps">“Sec.</inline> 160. </num><content>The provisions of this part shall not create or affect any <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1420">15 USC 1420</ref>.</p></sidenote>warranty obligation under State or Federal law. Consumer remedies under this part are in addition to, and not in lieu of, any other right or remedy under State or Federal law.”</content></section> </part> </quotedContent></content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Conforming Amendments.—</inline></heading> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>Title I of such Act is amended by inserting after section 101 the following: <quotedContent><part><num value="A">“<inline class="smallCaps">Part A</inline>—</num><heading class="inline"><inline class="smallCaps">General Provisions</inline>”.</heading></part></quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>Section 110(c) of such Act is amended by striking out “<quotedText>Actions</quotedText>” <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1399">15 USC 1399</ref>.</p></sidenote>and inserting in lieu thereof “<quotedText>Except as provided in section 155(a), actions</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Effective Date.</inline>—</heading><content>The amendments made by this section shall <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1411">15 USC 1411 note</ref>.</p></sidenote>not apply to any defect or failure to comply with respect to which, before the effective date of this title, notification was issued under section 113(a) of such Act or was required to be issued under section 113(e).</content> </subsection> </section> <section> <num value="103">SEC. 103. </num> <heading>ENFORCEMENT.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Prohibited Acts.—</inline></heading> <paragraph class="indent1 fontsize10"> <num value="1">(1)</num><subparagraph class="inline"><num value="A">(A) </num><content>Section 108(a) of the National Traffic and Motor Vehicle <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1397">15 USC 1397</ref>.</p></sidenote>Safety Act of 1966 is amended by inserting “<quotedText>(1)</quotedText>” after “<quotedText><inline class="smallCaps">Sec.</inline> 108. (a)</quotedText>”, by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D), respectively, and by adding at the end of such subsection the following new paragraph: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="2">“(2)</num><subparagraph class="inline"><num value="A">(A) </num><content>No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard, unless such manufacturer, distributor, dealer, or repair business reasonably believes that such vehicle or item of equipment will not be used (other than for testing or similar purposes in the course of maintenance or repair) during the time such device or element of design is rendered inoperative. For purposes of this paragraph, the term ‘motor vehicle repair business’ <sidenote><p class="firstIndent1 fontsize8">“Motor vehicle business.”</p></sidenote>means any person who holds himself out to the public as in the business of repairing motor vehicles or motor vehicle equipment for compensation.</content></subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>The Secretary may by regulation exempt any person from this paragraph if he determines that such exemption is consistent with motor vehicle safety and the purposes of this Act. The Secretary may prescribe regulations defining the term ‘render inoperative’.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>This paragraph shall not apply with respect to the rendering inoperative of (i) any safety belt interlock (as defined in section 125(f)(1)) or (ii) any continuous buzzer (as defined in section 125 <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1482.</p></sidenote>(f) (4)) designed to indicate that safety belts are not in use.</content></subparagraph> <page identifier="/us/stat/88/1478">88 <inline class="smallCaps">Stat.</inline> 1478</page> <subparagraph class="indent2 fontsize10"><num value="D">“(D) </num><content>Paragraph (1)(A) of this subsection shall not apply to the sale or offering for sale of any motor vehicle which has such a buzzer or interlock rendered inoperative by a dealer at the request of the first purchaser of such vehicle.”</content></subparagraph></paragraph></quotedContent> </content></subparagraph> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1397">15 USC 1397</ref>.</p></sidenote> <subparagraph class="indent2 fontsize10"><num value="B">(B) </num><content>Subsection (b) of section 108 of such Act is amended by inserting “<quotedText>(A)</quotedText>” after “<quotedText>Paragraph (1)</quotedText>” in paragraphs (1), (2), and (5) of such subsection and by inserting “<quotedText>(A)</quotedText>” after “<quotedText>paragraph (1)</quotedText>” in paragraph (3) of such subsection.</content></subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <chapeau>Section 108(a) of such Act (as amended by paragraph (1) of this subsection) is amended—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content>by inserting after the semicolon in paragraph (1)(B) the following: “<quotedText>fail to keep specified records in accordance with such section; or fail or refuse to permit impounding, as required under section 112(a);</quotedText>” and</content> <sidenote><p class="firstIndent1 fontsize8"><i>Infra.</i></p></sidenote> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content>by adding at the end of subsection (a) the following new subparagraph: <quotedContent><subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content>fail to comply with any rule, regulation, or order issued under section 112 or 114; and”</content> </subparagraph></quotedContent></content></subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>Section 108(a)(1)(D) of such Act is amended to read as follows: <quotedContent> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <chapeau>fail—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>to furnish notification,</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>to remedy any defect or failure to comply, or</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content>to maintain records,</content></clause> <continuation class="indent0 firstIndent0 fontsize10">as required by part B of this title; or fail to comply with any order or other requirement applicable to any manufacturer, distributor, or dealer pursuant to such part B;”</continuation></subparagraph></quotedContent></content> </paragraph> </subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1398">15 USC 1398</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Penalties.</inline>—</heading><content>Section 109 of such Act is amended by striking out “<quotedText>$400,000</quotedText>” in the second sentence of such subsection (a) and inserting in lieu thereof “<quotedText>$800,000</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Injunctions.—</inline></heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1399">15 USC 1399</ref>.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>The first sentence of section 110(a) of such Act is amended (1) by inserting “<quotedText>(or rules, regulations or orders thereunder)</quotedText>” after “<quotedText>violations of this title</quotedText>”, and (2) by inserting immediately after “<quotedText>pursuant to this title,</quotedText>” the following: “<quotedText>or to contain a defect (A) which relates to motor vehicle safety and (B) with respect to which notification has been given under section 151 or has been required to be given under section 152(b),</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>The next to the last sentence of section 110(a) of such Act is amended by inserting before the period at the end thereof the following: “<quotedText>or to remedy the defect</quotedText>”.</content> </paragraph> </subsection> </section> <section> <num value="104">SEC. 104. </num> <heading>INSPECTION AND RECORDKEEPING.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <content>Subsections (a), (b), and (c) of section 112 of the National <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1401">15 USC 1401</ref>.</p></sidenote>Traffic and Motor Vehicle Safety Act of 1966 are amended to read as follows: <quotedContent> <subsection class="firstIndent1 fontsize10"><num value="a">“(a)</num><paragraph class="inline"><num value="1">(1) </num><chapeau>The Secretary is authorized to conduct any inspection or investigation—</chapeau> <subparagraph class="indent2 fontsize10"><num value="A">“(A) </num><content>which may be necessary to enforce this title or any rules, regulations, or orders issued thereunder, or</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="B">“(B) </num><content>which relates to the facts, circumstances, conditions, and causes of any motor vehicle accident and which is for the purposes of carrying out his functions under this Act.</content></subparagraph> <continuation class="indent0 firstIndent0 fontsize10">The Secretary shall furnish the Attorney General and, when appropriate, the Secretary of the Treasury any information obtained indicating noncompliance with this title or any rules, regulations, or orders issued thereunder, for appropriate action. In making investigations under subparagraph (B), the Secretary shall cooperate, with appro-<page identifier="/us/stat/88/1479">88 <inline class="smallCaps">Stat.</inline> 1479</page>priate State and local officials to the greatest extent possible consistent with the purposes of this subsection.</continuation></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau>For purposes of carrying out paragraph (1), officers or employees duly designated by the Secretary, upon presenting appropriate credentials and written notice to the owner, operator, or agent in charge, are authorized at reasonable times and in a reasonable manner—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>to enter (i) any factory, warehouse, or establishment in which motor vehicles or items of motor vehicle equipment are manufactured, or held for introduction into interstate commerce or are held for sale after such introduction, or (ii) any premises where a motor vehicle or item of motor vehicle equipment involved in a motor vehicle accident is located;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>to impound for a period not to exceed 72 hours, any motor <sidenote><p class="firstIndent1 fontsize8">Impoundment of motor vehicles.</p></sidenote>vehicle or item of motor vehicle equipment involved in a motor vehicle accident; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>to inspect any factory, warehouse, establishment, vehicle, or equipment referred to in subparagraph (A) or (B).</content></subparagraph> <continuation class="indent0 firstIndent0 fontsize10">Each inspection under this paragraph shall lie commenced and completed with reasonable promptness.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3)</num><subparagraph class="inline"><num value="A">(A) </num><content>Whenever, under the authority of paragraph (2)(B), the <sidenote><p class="firstIndent1 fontsize8">Compensation to vehicle owner.</p></sidenote>Secretary inspects or temporarily impounds for the purpose of inspection any motor vehicle (other than a vehicle subject to part II of the Interstate Commerce Act) or an item of motor vehicle equipment, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s301">49 USC 301</ref>.</p></sidenote>he shall pay reasonable compensation to the owner of such vehicle to the extent that such inspection or impounding results in the denial of the use of the vehicle to its owner or in the reduction in value of the vehicle.</content></subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>As used in this subsection, ‘motor vehicle accident’ means an <sidenote><p class="firstIndent1 fontsize8">“Motor vehicle accident.”</p></sidenote>occurrence associated with the maintenance, use, or operation of a motor vehicle or item of motor vehicle equipment in or as a result of which any person suffers death or personal injury, or in which there is property damage.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>Every manufacturer of motor vehicles and motor vehicle equipment shall establish and maintain such records and every manufacturer, dealer, or distributor shall make such reports, as the Secretary may reasonably require to enable him to determine whether such manufacturer, dealer, or distributor has acted or is acting in compliance with this title or any rules, regulations, or orders issued thereunder and shall, upon request of an officer or employee duly designated by the Secretary, permit such officer or employee to inspect appropriate books, papers, records, and documents relevant to determining whether such manufacturer, dealer, or distributor has acted or is acting in compliance with this title or any rules, regulations, or orders issued thereunder. Nothing in this subsection shall be construed as imposing recordkeeping requirements on distributors or dealers, except those requirements imposed under section 158 and regulations and orders promulgated thereunder.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c)</num><paragraph class="inline"><num value="1">(1) </num><content>For the purpose of carrying out the provisions of this title, <sidenote><p class="firstIndent1 fontsize8">Hearings.</p></sidenote>the Secretary, or on the authorization of the Secretary, any officer or employee of the Department of Transportation may hold such hearings, take such testimony, sit and act at such times and places, administer such oaths, and require, by subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, papers, correspondence, memorandums, contracts, agreements, or other records as the Secretary, or such officer or employee, deems advisable.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>In order to carry out the provisions of this title, the Secretary or his duly authorized agent shall at all reasonable times have access to, and for the purposes of examination the right to copy, any docu-<page identifier="/us/stat/88/1480">88 <inline class="smallCaps">Stat.</inline> 1480</page>mentary evidence of any person having materials or information relevant to any function of the Secretary under this title.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>The Secretary is authorized to require, by general or special orders, any person to file, in such form as the Secretary may prescribe, reports or answers in writing to specific questions relating to any function of the Secretary under this title. Such reports and answers shall be made under oath or otherwise, and shall be filed with the Secretary within such reasonable period as the Secretary may prescribe.</content> </paragraph> <sidenote><p class="firstIndent1 fontsize8">Noncompliance.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>Any of the district courts of the United States within the jurisdiction of which an inquiry is carried on may, in the case of contumacy or refusal to obey a subpena or order of the Secretary or such officer or employee issued under paragraph (1) or paragraph (3) of this subsection, <sidenote><p class="firstIndent1 fontsize8">Punishment.</p></sidenote>issue an order requiring compliance therewith; and any failure to obey such order of the court may be punished by such court as a contempt thereof.</content> </paragraph> <sidenote><p class="firstIndent1 fontsize8">Witnesses fees.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>Witnesses summoned pursuant to this subsection shall be paid the same fees and mileage which are paid witnesses in the courts of the United States.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6)</num><subparagraph class="inline"><num value="A">(A) </num><content>The Secretary is authorized to request from any department, agency or instrumentality of the Federal Government such statistics, data, program reports, and other materials as he deems necessary to carry out his functions under this title; and each such department, agency, or instrumentality is authorized and directed to cooperate with the Secretary and to furnish such statistics, data, program reports, and other materials to the Department of Transportation upon request made by the Secretary. Nothing in this subparagraph shall be deemed to affect any provision of law limiting the authority of an agency, department, or instrumentality of the Federal Government to provide information to another agency, department, or instrumentality of the Federal Government.</content></subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>The head of any Federal department, agency, or instrumentality is authorized to detail, on a reimbursable basis, any personnel of such department, agency, or instrumentality to assist in carrying out the duties of the Secretary under this title.”</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>Section 112(e) of such Act. is amended by striking out “<quotedText>All</quotedText>” and inserting in lieu thereof “<quotedText>Except as otherwise provided in section 158(a)(2) and section 113(b), all</quotedText>”; and striking out “<quotedText>subsection (b) or (c)</quotedText>” and inserting in lieu thereof “<quotedText>this title</quotedText>”.</content> </subsection> </section> <section> <num value="105">SEC. 105. </num> <heading>COST INFORMATION.</heading> <content>The National Traffic and Motor Vehicle Safety Act of 1966 (as amended by section 102) is further amended by inserting after section 112 the following: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1402">15 USC 1402</ref>.</p></sidenote> <quotedContent> <section><num value="113"><inline class="smallCaps">“Sec.</inline> 113. </num><subsection class="inline"><num value="a">(a) </num><content>Whenever any manufacturer opposes an action of the Secretary under section 103, or under any other provision of this Act, on the ground of increased cost, the manufacturer shall submit such cost information (in such detail as the Secretary may by regulation or order prescribe) as may be necessary in order to properly evaluate the manufacturer’s statement. The Secretary shall thereafter promptly prepare an evaluation of such cost information.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1) </num><content>Subject to paragraph (2), such cost information together with the Secretary’s evaluation thereof, shall be available to the public. <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>Notice of the availability of such information shall be published in the Federal Register.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>If the manufacturer satisfies the Secretary that any portion of such information contains a trade secret or other confidential matter, such portion may be disclosed to the public only in such manner as to preserve the confidentiality of such trade secret or other confidential <page identifier="/us/stat/88/1481">88 <inline class="smallCaps">Stat.</inline> 1481</page>matter, except that any such information may be disclosed to other officers or employees concerned with carrying out this title or when relevant in any proceeding under this title. Nothing in this subsection shall authorize the withholding of information by the Secretary or any officer or employee under his control, from the duly authorized committees of the Congress.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <content>For purposes of this section, the term ‘cost information’ means <sidenote><p class="firstIndent1 fontsize8">“Cost information.”</p></sidenote>information with respect to alleged cost increases resulting from action by the Secretary, in such form as to permit the public and the Secretary to make an informed judgment on the validity of the manufacturer’s statements. Such term includes both the manufacturer’s cost and the cost to retail purchasers.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num> <content>The Secretary is authorized to establish rules and regulations <sidenote><p class="firstIndent1 fontsize8">Rules and regulations.</p></sidenote>prescribing forms and procedures for the submission of cost information under this section.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num> <content>Nothing in this section shall lie construed to restrict the authority of the Secretary to obtain, or require submission of, information under any other provision of this Act.”</content> </subsection></section></quotedContent></content> </section> <section> <num value="106">SEC. 106. </num> <heading>AGENCY RESPONSIBILITY.</heading> <content>The National Traffic and Motor Vehicle Safety Act of 1966 is amended by inserting after section 123 the following new section: <quotedContent><section><num value="124"><inline class="smallCaps">“Sec.</inline> 124. </num><subsection class="inline"><num value="a">(a) </num><content>Any interested person may file with the Secretary a <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1410a">15 USC 1410a</ref>.</p></sidenote>petition requesting him (1) to commence a proceeding respecting the issuance of an order pursuant to section 103 or to commence a proceeding to determine whether to issue an order pursuant to section 152(b) of this Act.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>Such petition shall set forth (1) facts which it is claimed establish that an order is necessary, and (2) a brief description of the substance of the order which it is claimed should be issued by the Secretary.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <content>The Secretary may hold a public hearing or may conduct such <sidenote><p class="firstIndent1 fontsize8">Hearing.</p></sidenote>investigation or proceeding as he deems appropriate in order to determine whether or not such petition should be granted.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num> <content>Within 120 days after filing of a petition described in subsection (b), the Secretary shall either grant or deny the petition. If the Secretary grants such petition, he shall promptly commence the proceeding requested in the petition. If the Secretary denies such petition he shall publish in the Federal Register his reasons for such denial.</content> <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num> <content>The remedies under this section shall be in addition to, and not in lieu of, other remedies provided by law.”</content> </subsection></section></quotedContent></content> </section> <section> <num value="107">SEC. 107. </num> <heading>NATIONAL MOTOR VEHICLE SAFETY ADVISORY COUNCIL.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Public Members.</inline>—</heading><content>Section 104 of the National Traffic and Motor Vehicle Safety Act of 1966 is amended by inserting “<quotedText>(1)</quotedText>” after <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1393">15 USC 1393</ref>.</p></sidenote>“<quotedText><inline class="smallCaps">Sec.</inline> 104. (a)</quotedText>”, and by adding the following new paragraph at the end of subsection (a): <quotedContent><paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>For the purposes of this section, the term ‘representative of the <sidenote><p class="firstIndent1 fontsize8">“Representative of the general public.”</p></sidenote>general public’ means an individual who (A) is not in the employ of, or holding any official relation to any person who is (i) a manufacturer, dealer, or distributor, or (ii) a supplier of any manufacturer, dealer, or distributor, (B) does not own stock or bonds of substantial value in any person described in subparagraph (A)(i) or (ii), and (C) is not in any other manner directly or indirectly pecuniarily interested in such a person. The Secretary shall publish the names of the <sidenote><p class="firstIndent1 fontsize8">Publication of names of members.</p></sidenote>members of the Council annually and shall designate which members represent the general public. The Chairman of the Council shall be chosen by the Council from among the members representing the general public.”</content></paragraph></quotedContent> </content></subsection> <page identifier="/us/stat/88/1482">88 <inline class="smallCaps">Stat.</inline> 1482</page> <sidenote><p class="firstIndent1 fontsize8">Repeal.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1393">15 USC 1393</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Expiration.</inline>—</heading><content>Effective October 1, 1977, section 104 of such Act (as amended by subsection (a) of this section) is repealed.</content> </subsection> </section> <section> <num value="108">SEC. 108. </num> <heading>FUEL SYSTEM INTEGRITY STANDARD.</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1392">15 USC 1392 note</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Ratification of Standard.—</inline></heading><content>Federal Motor Vehicle Safety Standard Number 301 (49 CFR 571.301–75; Docket No. 73–20, Notice 2) as published on March 21, 1974 (39 F.R. 10588–10590) shall take effect on the dates prescribed in such standard (as so published).</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Amendment or Repeal of Standard.—</inline></heading><content>The Secretary may amend the standard described in subsection (a) in order to correct technical errors in the standard, and may amend or repeal such standard if he determines such amendment or repeal will not diminish the level of motor vehicle safety.</content> </subsection> </section> <section> <num value="109">SEC. 109. </num> <heading>OCCUPANT RESTRAINT SYSTEMS.</heading> <content>The National Traffic and Motor Vehicle Safety Act of 1966 is amended by inserting after section 124 the following new section: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1410b">15 USC 1410b</ref>.</p></sidenote> <quotedContent><section><num value="125">“<inline class="smallCaps">Sec.</inline> 125. </num><subsection class="inline"><num value="a">(a) </num><content>Not later than 60 days after the date of enactment of this section, the Secretary shall amend the Federal motor vehicle safety standard numbered 208 (49 CFR 571.208), so as to bring such standard into conformity with the requirements of paragraphs (1), (2), and (3) of subsection (b) of this section. Such amendment shall take effect not later than 120 days after the date of enactment of this section.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <chapeau>After the effective date of the amendment prescribed under subsection (a):</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <chapeau>No Federal motor vehicle safety standard may—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>have the effect of requiring, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>provide that a manufacturer is permitted to comply with such standard by means of,</content></subparagraph> <continuation class="indent0 firstIndent0 fontsize10">any continuous buzzer designed to indicate that safety belts are not in use, or any safety belt interlock system.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau>Except as otherwise provided in paragraph (3), no Federal motor vehicle safety standard respecting occupant restraint systems may—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>have the effect of requiring, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>provide that a manufacturer is permitted to comply with such standard by means of,</content> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">an occupant restraint system other than a belt system.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3)</num><subparagraph class="inline"><num value="A">(A) </num><chapeau>Paragraph (2) shall not apply to a Federal motor vehicle safety standard which provides that a manufacturer is permitted to comply with such standard by equipping motor vehicles manufactured by him with either—</chapeau> <clause class="indent3 fontsize10"><num value="i">“(i) </num><content>a belt system, or</content></clause> <clause class="indent3 fontsize10"><num value="ii">“(ii) </num><content>any other occupant restraint system specified in such standard.</content></clause></subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>Paragraph (2) shall not apply to any Federal motor vehicle safety standard which the Secretary elects to promulgate in accordance with the procedure specified in subsection (c), unless it is disapproved by both Houses of Congress by concurrent resolution in accordance with subsection (d).</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>Paragraph (2) shall not apply to a Federal motor vehicle safety standard if at the time of promulgation of such standard (i) the 60-day period determined under subsection (d) has expired with respect to any previously promulgated standard which the Secretary has elected to promulgate in accordance with subsection (c), and (ii) both Houses of Congress have not by concurrent resolution within such period disapproved such previously promulgated standard.</content></subparagraph> </paragraph> </subsection> <page identifier="/us/stat/88/1483">88 <inline class="smallCaps">Stat.</inline> 1483</page> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <chapeau>The procedure referred to in subsection (b)(3)(B) and (C) in accordance with which the Secretary may elect to promulgate a standard is as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>The standard shall be promulgated in accordance with section 103 of this Act, subject to the other provisions of this subsection.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Section 553 of title 5, United States Code, shall apply to <sidenote><p class="firstIndent1 fontsize8">Data, views, or arguments, presentation.</p></sidenote>such standard; except that the Secretary shall afford interested persons an opportunity for oral as well as written presentation of data, views, or arguments. A transcript shall be kept of any oral presentation.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>The chairmen and ranking minority members of the <sidenote><p class="firstIndent1 fontsize8">Congress, notification; presentation of data, views, or arguments.</p></sidenote>House Interstate and Foreign Commerce Committee and the Senate Commerce Committee shall be notified in writing of any proposed standard to which this section applies. Any Member of Congress may make an oral presentation of data, views, or arguments under paragraph (2).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>Any standard promulgated pursuant to this subsection shall be transmitted to both Houses of Congress, on the same day and to each House while it is in session. In addition, such standard shall be transmitted to the chairmen and ranking minority members of the committees referred to in paragraph (3).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d)</num><paragraph class="inline"><num value="1">(1) </num><content>A standard which the Secretary has elected to promulgate in accordance with subsection (c) shall not be effective if, during the first period of 60 calendar days of continuous session of Congress after the date of transmittal to Congress, both Houses of Congress pass a concurrent resolution the matter after the resolving clause of which reads as follows: ‘The Congress disapproves the Federal motor vehicle safety standard transmitted to Congress on <fillIn class="underline">____________</fillIn> , 19<fillIn class="underline">__</fillIn> .’; (the blank space being filled with date of transmittal of the standard to Congress). If both Houses do not pass such a resolution during such period, such standard shall not be effective until the expiration of such period (unless the standard specifies a later date).</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau>For purposes of this section—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>continuity of session of Congress is broken only by an adjournment sine die; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the 60-day period.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num> <content>This section shall not impair any right which any person may have to obtain judicial review of a Federal motor vehicle safety standard.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="f">“(f) </num> <chapeau>For purposes of this section:</chapeau> <sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>The term ‘safety belt interlock’ means any system designed to prevent starting or operation of a motor vehicle if one or more occupants of such vehicle are not using safety belts.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The term ‘belt system’ means an occupant restraint system consisting of integrated lap and shoulder belts for front outboard occupants and lap belts for other occupants. With respect to (A) motor vehicles other than passenger vehicles, (B) convertibles, and (C) open-body type vehicles, such term also includes an occupant restraint system consisting of lap belts or lap belts combined with detachable shoulder belts.</content> <page identifier="/us/stat/88/1484">88 <inline class="smallCaps">Stat.</inline> 1484</page> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>The term ‘occupant restraint system’ means a system the principal purpose of which is to assure that occupants of a motor vehicle remain in their seats in the event of a collision or rollover. Such term does not include a warning device designed to indicate that seat belts are not in use.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>The term ‘continuous buzzer’ means a buzzer other than a buzzer which operates only during the 8 second period after the ignition is turned to the ‘start’ or ‘on’ position.”</content> </paragraph> </subsection></section></quotedContent></content> </section> <section> <num value="110">SEC. 110. </num> <heading>TECHNICAL AND CONFORMING AMENDMENTS.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <heading><inline class="smallCaps">Definition of Secretary.</inline>—</heading><content>Section 102(10) of the National <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1391">15 USC 1391</ref>.</p></sidenote>Traffic and Motor Vehicle Safety Act of 1966 is amended to read as follows: <quotedContent><paragraph class="indent1 fontsize10"> <num value="10">“(10) </num> <content>‘Secretary’ means the Secretary of Transportation.”</content> </paragraph></quotedContent></content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <heading><inline class="smallCaps">Date of Annual Report.—</inline></heading> <content>The first sentence of section 120(a) <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1408">15 USC 1408</ref>.</p></sidenote>of the National Traffic and Motor Vehicle Safety Act of 1966 is amended by striking out “<quotedText>March 1</quotedText>” and inserting in lieu thereof “<quotedText>July 1</quotedText>”.</content> </subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1424">15 USC 1424</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <heading><inline class="smallCaps">Regrooved Tires.—</inline></heading><content>Section 204(a) of such Act is amended to read as follows: <quotedContent><subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num> <content>No person shall sell, offer for sale, or introduction for sale, or deliver for introduction in interstate commerce, any tire or motor vehicle equipped with any tire which has been regrooved, except that the Secretary may by order permit the sale, offer for sale, introduction for sale, or delivery for introduction in interstate commerce, of regrooved tires and motor vehicles equipped with regrooved tires which he finds are designed and constructed in a manner consistent with the purposes of this Act.”</content> </subsection></quotedContent></content> </subsection> </section> <section> <num value="111">SEC. 111. </num> <heading>EFFECTIVE DATE.</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1409">15 USC 1409 note</ref>.</p></sidenote> <content>The amendments made by this title (other than section 109) shall take effect on the sixtieth day after the date of enactment of this Act; except that section 108(a)(4)(D) of the National Traffic and Motor Vehicle Safety Act of 1966 (as added by section 103(a)(1)(A) of this Act) shall take effect on the date of enactment of this Act.</content> </section> <num value="II">TITLE II—</num><heading class="inline">SCHOOLBUS SAFETY</heading> <section> <num value="201">SEC. 201. </num> <heading>DEFINITIONS.</heading> <content>Section 102 of the National Traffic and Motor Vehicle Safety Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1391">15 USC 1391</ref>.</p></sidenote>1966 is amended by adding at the end thereof the following: <quotedContent><paragraph class="indent1 fontsize10"> <num value="14">“(14) </num> <content>‘schoolbus’ means a passenger motor vehicle which is designed to carry more than 10 passengers in addition to the driver, and which the Secretary determines is likely to be significantly used for the purpose of transporting primary, preprimary, or secondary school students to or from such schools or events related to such schools; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="15">“(15) </num> <content>‘schoolbus equipment’ means equipment designed primarily as a system, part, or component of a schoolbus, or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as an accessory or addition to a schoolbus.”</content> </paragraph></quotedContent></content> </section> <section> <num value="202">SEC. 202. </num> <heading>MANDATORY SCHOOLBUS STANDARDS.</heading> <content>Section 103 of the National Traffic and Motor Vehicle Safety Act <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s1392">5 USC 1392</ref>.</p></sidenote>of 1966 is amended by adding at the end thereof the following: <quotedContent><subsection class="firstIndent1 fontsize10"><num value="i">“(i)</num><paragraph class="inline"><num value="1">(1)</num><subparagraph class="inline"><num value="A">(A) </num><chapeau>Not later than 6 months after the date of enactment of this subsection, the Secretary shall publish proposed Federal motor vehicle safety standards to be applicable to schoolbuses and schoolbus equipment. Such proposed standards shall include minimum stand-<page identifier="/us/stat/88/1485">88 <inline class="smallCaps">Stat.</inline> 1485</page>ards for the following aspects of performance:</chapeau> <clause class="indent3 fontsize10"><num value="i">“(i) </num><content>Emergency exits.</content></clause> <clause class="indent3 fontsize10"><num value="ii">“(ii) </num><content>Interior protection for occupants.</content></clause> <clause class="indent3 fontsize10"><num value="iii">“(iii) </num><content>Floor strength.</content></clause> <clause class="indent3 fontsize10"><num value="iv">“(iv) </num><content>Seating systems.</content></clause> <clause class="indent3 fontsize10"><num value="v">“(v) </num><content>Crash worthiness of body and frame (including protection against rollover hazards).</content></clause> <clause class="indent3 fontsize10"><num value="vi">“(vi) </num><content>Vehicle operating systems.</content></clause> <clause class="indent3 fontsize10"><num value="vii">“(vii) </num><content>Windows and windshields.</content></clause> <clause class="indent3 fontsize10"><num value="viii">“(viii) </num><content>Fuel systems.</content></clause></subparagraph> <subparagraph class="indent2 fontsize10"><num value="B">“(B) </num><content>Not later than 15 months after the date of enactment of this subsection, the Secretary shall promulgate Federal motor vehicle safety standards which shall provide minimum standards for those aspects of performance set out in clauses (i) through (viii) of subparagraph (A) of this paragraph, and which shall apply to each schoolbus and item of schoolbus equipment which is manufactured in or imported into the United States on or after the expiration of the 9-month period which begins on the date of promulgation of such safety standards.</content></subparagraph></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The Secretary may prescribe regulations requiring that any schoolbus lie test-driven by the manufacturer before introduction into commerce.”</content> </paragraph></subsection></quotedContent></content> </section> <section> <num value="203">SEC. 203. </num> <heading>ENFORCEMENT.</heading> <content>Section 108(a)(1) of the National Traffic and Motor Vehicle Safety Act of 1966 is amended by adding at the end thereof the following: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1397">15 USC 1397</ref>.</p></sidenote> <quotedContent><subparagraph class="indent2 fontsize10"><num value="F">“(F) </num><content>to fail to comply with regulations of the Secretary under section 103(i)(2).”</content></subparagraph></quotedContent></content> </section> <num value="III">TITLE III—</num><heading class="inline">MOTOR VEHICLE DEMON-STRATION PROJECTS</heading> <section> <num value="301">SEC. 301. </num> <heading>DEMONSTRATION PROJECTS.</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num><chapeau>Title III of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1961 et seq.) is amended—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by inserting after the heading for such title the following: <quotedContent><part><num value="A"><inline class="smallCaps">“Part A</inline>—</num><heading class="inline"><inline class="smallCaps">State Programs</inline>”;</heading></part></quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>this title</quotedText>” wherever it appears in sections 302, and 303 and inserting in lieu thereof “<quotedText>this part</quotedText>”;</content> <sidenote><ref href="/us/usc/t15/s1961/1962/1963">15 USC 1961, 1962, 1963</ref>.</sidenote> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>by redesignating section 304 as section 321;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>by inserting after section 303 the following: <quotedContent> <part><num value="B"><inline class="smallCaps">“Part B</inline>—</num><heading class="inline"><inline class="smallCaps">Special Demonstration Projects</inline></heading> <section><heading class="smallCaps centered">“authority to establish</heading> <num value="311"><inline class="smallCaps">“Sec.</inline> 311. </num><content>The Secretary shall establish a special motor vehicle <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1963a">15 USC 1963a</ref>.</p></sidenote>diagnostic inspection demonstration project to assist in the rapid development and evaluation of advanced inspection, analysis, and diagnostic equipment suitable for use by the States in standardized high volume inspection facilities and to evaluate the repair characteristics of motor vehicles. Such project shall be designed to facilitate evaluation of repair characteristics by small automotive repair garages.</content></section> </part> <part> <num value="C"><inline class="smallCaps">“Part C</inline>—</num><heading class="inline"><inline class="smallCaps">Authorization of Appropriations</inline>”.</heading></part></quotedContent> </content></paragraph> </subsection> </section> Approved October 27, 1974.
Public Law 93–493: To authorize, enlarge, and repair various Federal reclamation projects and programs, and for other purposes. Public Law 493 Public Law 93–493 88 Stat. 1486 1974-10-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1486 Public Law 93–493 93rd Congress
AN ACT To authorize, enlarge, and repair various Federal reclamation projects and programs, and for other purposes.

October 27, 1974

[H. R. 15736]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act shall be The Reclamation Development Act of 1974. known as “The Reclamation Development Act of 1974”. Page, Arizona, Community Act of 1974.
<num class="bold" value="I">TITLE I</num> <section><heading class="smallCaps centered">incorporation of page, arizona</heading> <num value="101"><inline class="smallCaps">Sec.</inline> 101. </num><content>It is the purpose of this title to separate that unincorporated area in Coconino County in the State of Arizona, commonly known as the town of Page, Arizona, from the Colorado River storage project in order that the United States may withdraw from the ownership and operation of the town and the people of that area may enjoy self-government, and to facilitate the establishment by the people of a municipal corporation under the laws of the State of Arizona by the transfer of certain Federal property described in section 103 of this title.</content></section> <sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote> <section class="firstIndent1 fontsize10"><num value="102"><inline class="smallCaps">Sec.</inline> 102. </num><chapeau>The following definitions shall apply to terms used in this title.</chapeau> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num><content><p class="inline">The area referred to herein as Page, Arizona, includes the following described land:</p> <p class="centered"><inline class="smallCaps">Page Townsite, Arizona</inline></p> <p class="centered"><inline class="smallCaps">gila and salt river meridian, arizona</inline></p> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="text-align:left; vertical-align:top; width: 80%">Township 40 north, range 8 east:</td> <td style="text-align:center; vertical-align:top; width: 20%">Acres</td> </tr> <tr> <td style="text-align:left; vertical-align:top; width: 80%" leaders="yes">  Section 1. All</td> <td style="text-align:center; vertical-align:top; width: 20%">638.94</td> </tr> <tr> <td style="text-align:left; vertical-align:top; width: 80%" leaders="yes">  Section 2. East half southwest quarter, southeast quarter</td> <td style="text-align:center; vertical-align:top; width: 20%">240.00</td> </tr> <tr> <td style="text-align:left; vertical-align:top; width: 80%" leaders="yes">  Section 11. East half</td> <td style="text-align:center; vertical-align:top; width: 20%">320.00</td> </tr> <tr> <td style="text-align:left; vertical-align:top; width: 80%" leaders="yes">  Section 12. All</td> <td style="text-align:center; vertical-align:top; width: 20%">639.38</td> </tr> <tr> <td style="text-align:left; vertical-align:top; width: 80%">Township 41 north, range 8 east:</td> <td style="text-align:center; vertical-align:top; width: 20%"></td> </tr> <tr> <td style="text-align:left; vertical-align:top; width: 80%; text-indent:-9em; padding-left:9em;" leaders="yes">  Section 25. South half southwest quarter southeast quarter, southeast quarter southeast quarter</td> <td style="text-align:center; vertical-align:top; width: 20%"> 60.00</td> </tr> <tr> <td style="text-align:left; vertical-align:top; width: 80%; text-indent:-9em; padding-left:9em;" leaders="yes">  Section 36. East half, south half northeast quarter northwest quarter, east half southwest quarter northwest quarter, southeast quarter northwest quarter, northeast quarter southwest quarter, east half northwest quarter southwest quarter, south half southwest quarter</td> <td style="text-align:center; vertical-align:top; width: 20%">540.00</td> </tr> <tr> <td style="text-align:left; vertical-align:top; width: 80%">Township 40 north, range 9 east:</td> <td style="text-align:center; vertical-align:top; width: 20%"></td> </tr> <tr> <td style="text-align:left; vertical-align:top; width: 80%" leaders="yes">  Section 4. All</td> <td style="text-align:center; vertical-align:top; width: 20%">639.48</td> </tr> <tr> <td style="text-align:left; vertical-align:top; width: 80%" leaders="yes">  Section 5. All</td> <td style="text-align:center; vertical-align:top; width: 20%">639.84</td> </tr> <tr> <td style="text-align:left; vertical-align:top; width: 80%" leaders="yes">  Section 6. All</td> <td style="text-align:center; vertical-align:top; width: 20%">622.74</td> </tr> <tr> <td style="text-align:left; vertical-align:top; width: 80%" leaders="yes">  Section 7. All</td> <td style="text-align:center; vertical-align:top; width: 20%">623.68</td> </tr> <tr> <td style="text-align:left; vertical-align:top; width: 80%" leaders="yes">  Section 8. All</td> <td style="text-align:center; vertical-align:top; width: 20%">640.00</td> </tr> <tr> <td style="text-align:left; vertical-align:top; width: 80%" leaders="yes">  Section 9. All</td> <td style="text-align:center; vertical-align:top; width: 20%">640.00</td> </tr> <tr> <td style="text-align:left; vertical-align:top; width: 80%" leaders="yes">  Section 19. East half southwest quarter, southeast quarter</td> <td style="text-align:center; vertical-align:top; width: 20%">240.00</td> </tr> <tr> <td style="text-align:left; vertical-align:top; width: 80%" leaders="yes">  Section 20. South half</td> <td style="text-align:center; vertical-align:top; width: 20%">320.00</td> </tr> <tr> <td style="text-align:left; vertical-align:top; width: 80%">Township 41 north, range 9 east:</td> <td style="text-align:center; vertical-align:top; width: 20%"></td> </tr> <tr> <td style="text-align:left; vertical-align:top; width: 80%; text-indent:-9em; padding-left:9em;" leaders="yes">  Section 21. West half southwest quarter, west half southeast quarter southwest quarter, southeast quarter southeast quarter southwest quarter, southwest quarter southwest quarter southeast quarter</td> <td style="text-align:center; vertical-align:top; width: 20%">120.00</td> </tr> <tr> <td style="text-align:left; vertical-align:top; width: 80%; text-indent:-9em; padding-left:9em;" leaders="yes">  Section 28. West half northeast quarter, northwest quarter southeast quarter northeast quarter, south half southeast quarter northeast quarter west half, southeast quarter</td> <td style="text-align:center; vertical-align:top; width: 20%">590.00</td> </tr> </tbody> </table> <page identifier="/us/stat/88/1487">88 <inline class="smallCaps">Stat.</inline> 1487</page> <p class="centered"><inline class="smallCaps">Page Townsite, Arizona</inline>—Continued</p> <p class="centered smallCaps">gila and salt river meridian, arizona—Continued</p> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr><td style="text-align:left; vertical-align:top; width: 80%" leaders="yes">Township 41 north, range 9 east:—Continued</td> <td style="text-align:center; vertical-align:top; width: 20%">  Acres</td> </tr> <tr><td style="text-align:left; vertical-align:top; width: 80%" leaders="yes">  Section 29. All</td> <td style="text-align:center; vertical-align:top; width: 20%">  640.00</td> </tr> <tr><td style="text-align:left; vertical-align:top; width: 80%" leaders="yes">  Section 30. All</td> <td style="text-align:center; vertical-align:top; width: 20%">  641.20</td> </tr> <tr><td style="text-align:left; vertical-align:top; width: 80%" leaders="yes">  Section 31. All</td> <td style="text-align:center; vertical-align:top; width: 20%">  642.00</td> </tr> <tr><td style="text-align:left; vertical-align:top; width: 80%" leaders="yes">  Section 32. All</td> <td style="text-align:center; vertical-align:top; width: 20%">  640.00</td> </tr> <tr><td style="text-align:left; vertical-align:top; width: 80%" leaders="yes">  Section 33. All</td> <td style="text-align:center; vertical-align:top; width: 20%">   640.00</td> </tr> <tr><td style="text-align:left; vertical-align:top; width: 80%" leaders="yes">    Total</td> <td style="text-align:center; vertical-align:top; width: 20%">10,717.56</td> </tr> </tbody> </table> <p class="indent0 firstIndent0 fontsize10">The boundary of Page, Arizona, is shown on drawing numbered <sidenote><p class="firstIndent1 fontsize8">Boundary drawing on file.</p></sidenote>557–431–83, entitled “Page, Arizona, Townsite Boundary” which is on file in the Office of the Commissioner of Reclamation, Washington, District of Columbia.</p></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>The term “municipality” shall mean Page, Arizona, after its incorporation as a municipality under the laws of the State of Arizona.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>The term “Secretary" shall mean the Secretary of the Interior.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <content>The term “municipal facilities” shall mean certain land, and the improvements thereon, in Page, Arizona, such as hospital, police, and fire protection systems, sewage and refuse disposal plants, water treatment and distribution facilities, streets and roads, parks, playgrounds, airport, cemetery, municipal government buildings, and other properties suitable or usable for local municipal purposes, including any fixtures, equipment, or other property appropriate to the operation, maintenance, replacement, or repairs of the foregoing, which are owned by the United States and under the jurisdiction of the Department of the Interior, Bureau of Reclamation, on the date of incorporation of Page, Arizona.</content></subsection> </section> <section class="firstIndent1 fontsize10"><num value="103"><inline class="smallCaps">Sec.</inline> 103. </num><chapeau>Upon incorporation of Page, Arizona, as a municipality <sidenote><p class="firstIndent1 fontsize8">Land, improvements, facilities, activities and functions, transfer; leases and contracts, assignment.</p></sidenote>under the statutes of the State of Arizona, the Secretary shall:</chapeau> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <content>Transfer to the municipality without cost, subject to any existing leases granted by the United States, all improved or unimproved lands within Page, Arizona, owned by the United States, which the Secretary determines are not required in the administration, operation, and maintenance of Federal activities within or near Page, Arizona, and can properly be included within the municipality under the laws of the State of Arizona, except the land to be transferred pursuant to subsection (c) hereof, and to assign to the municipality without cost any leases granted by the United States on such land.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>Transfer to the appropriate school district without cost all right, title, and interest of the United States to the land in block 14-A and lot 1, block 16, as shown on the United States Department of the Interior, Bureau of Reclamation drawing numbered 557–431–87, April 29, 1971, which drawing is on file in the Office of the Commissioner of Reclamation, Washington, District of Columbia, together with improvements thereon owned by the United States at the time of the transfer.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>Transfer to the municipality without cost all rights, title, and interest of the United States in and to any land, and the improvements thereon, which may be contained in any reversionary clause of any dedication deed for land in Page, Arizona, issued by the United States.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <content>Transfer all activities and functions of a municipal character being performed by the United States to the municipality subject to the provisions of sections 104 and 107 of this title.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">(e) </num> <content>Transfer to the municipality without cost the municipal facilities, as defined in subsection 102(d) of this title, except as provided under subsection 104(a) of this title.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="f">(f) </num> <content>Assign to the municipality without cost those contracts to which the United States is a party, and which pertain to activities or functions to be transferred under subsection (c) of this section and are <page identifier="/us/stat/88/1488">88 <inline class="smallCaps">Stat.</inline> 1488</page>properly assignable. This shall include contracts for furnishing water outside the boundaries of Page, Arizona, utilizing the municipal system: <proviso><i>Provided,</i> That the contract which the United States has executed with a private utility for furnishing and distributing electrical energy to the municipality shall be assigned to the municipality upon its request:</proviso> <proviso><i>And provided further,</i> That in the assignment of the contract for the operation of the Page Hospital the operating fund balance under said contract, together with all hospital accounts receivable, shall be transferred to the municipality for the same purpose as a part of the assignment of said contract.</proviso></content></subsection></section> <sidenote><p class="firstIndent1 fontsize8">Water supply, contract.</p></sidenote> <section class="firstIndent1 fontsize10"><num value="104"><inline class="smallCaps">Sec.</inline> 104. </num><chapeau>There is hereby reserved for the Glen Canyon unit, Colorado River storage project, the consumptive use of not to exceed three thousand acre-feet of water per year from Lake Powell, of which not to exceed two thousand seven hundred and forty acre-feet of consumptive use of water are hereby assigned to the municipality, consistent with the Navajo Tribal Council resolution numbered CJN-50–69, dated June 3, 1969: <proviso><i>Provided,</i> That upon incorporation the municipality shall enter into a contract satisfactory to the Secretary covering payment for and delivery of such water pursuant to the Colorado <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s620">43 USC 620</ref>.</p></sidenote>River Storage Project Act of June 11, 1956 (70 Stat. 105), which contract shall among other things provide that</proviso>:</chapeau> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <content>The reservation and assignment of the consumptive use of water from Lake Powell under this section shall be subject to the apportionments of consumptive use of water to the State of Arizona in article III of the Colorado River Compact and article III(a)(1) of the Upper Colorado River Basin Compact.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>Title to the water pumping and conveyance systems within the Glen Canyon Dam and powerplant necessary to supply water to the municipality for culinary, industrial, and municipal purposes shall be retained by the United States until the Congress provides otherwise.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>Such retained facilities shall be operated and maintained by the Secretary at the expense of the United States until termination of the fifth fiscal year following the year of incorporation. Not to exceed two thousand seven hundred and forty acre-feet of water per annum or three million gallons of water in any twenty-four-hour period, will be pumped by the United States from Lake Powell to the water treatment plant, or to such intermediate points of delivery as shall be mutually agreed upon by the municipality and the United States for use by the municipality.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <content>Beginning with the sixth year following incorporation and continuing through the tenth year, the municipality shall in each year pay to the United States proportionately increasing increments of the annual costs, including depreciation of the pumping equipment, involved in subsection (c) above with the objective that following the close of said tenth year the municipality shall thereafter bear such costs in total, according to the following schedule: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr><td style="text-align:left; vertical-align:bottom; width: 60%" leaders="yes">Year following incorporation:</td> <td style="text-align:left; text-indent:-1em; padding-left:1em; vertical-align:top; width: 40%">Portion of cost In subsection (c) of section 104 to be paid to United States each year by municipality (per centum)</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 60%" leaders="yes">  Sixth</td> <td style="text-align:right; vertical-align:top; width: 40%">20</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 60%" leaders="yes">  Seventh</td> <td style="text-align:right; vertical-align:top; width: 40%">40</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 60%" leaders="yes">  Eighth</td> <td style="text-align:right; vertical-align:top; width: 40%">60</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 60%" leaders="yes">  Ninth</td> <td style="text-align:right; vertical-align:top; width: 40%">80</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 60%" leaders="yes">  Tenth</td> <td style="text-align:right; vertical-align:top; width: 40%">80</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 60%" leaders="yes">  Thereafter</td> <td style="text-align:right; vertical-align:top; width: 40%">100</td> </tr> </tbody> </table> </content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">(e) </num> <content>Upon incorporation and at all times thereafter, the municipality shall bear all costs for operation, maintenance, and replacement of the municipal water system beyond Glen Canyon Dam and powerplant, including but not limited to filtration, treatment, and distribution of <page identifier="/us/stat/88/1489">88 <inline class="smallCaps">Stat.</inline> 1489</page>water supplied pursuant to the water service contract with the United States.</content></subsection></section> <section class="firstIndent1 fontsize10"><num value="105"><inline class="smallCaps">Sec.</inline> 105. </num><chapeau>As soon as reasonably practicable after incorporation of <sidenote><p class="firstIndent1 fontsize8">Community programs, completion.</p></sidenote>the community, the Secretary is hereby authorized to complete all or any part of the following work which has not been completed at the date of incorporation.</chapeau> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num> <content>Take census of population of the municipality within one year following incorporation.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>Repair existing twelve-inch water supply line, if inspection determines this is necessary.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>Paint interior of water storage reservoirs.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <content>Seal coat paved streets in municipality.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">(e) </num> <content>Install water sprinkler system in Page cemetery.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="f">(f) </num> <chapeau>Improve streets, install curbs, gutters, and sidewalks as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <chapeau>North Navajo Drive:</chapeau> <clause class="indent3 fontsize10"><num value="i">(i) </num><content>Pave streets to seventy-foot width from Ninth Avenue to relocated intersection of Aero Avenue and sixty-one-foot width from Aero Avenue to Tenth Avenue.</content></clause> <clause class="indent3 fontsize10"><num value="ii">(ii) </num><content>Place curb, gutter, and sidewalk on east side of North Navajo Drive from Aero Avenue to Tenth Avenue.</content></clause> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <chapeau>Aero Avenue from North Navajo Drive to Future Street:</chapeau> <clause class="indent3 fontsize10"><num value="i">(i) </num><content>Widen existing thirty-foot paved width to seventy-foot paved width.</content></clause> <clause class="indent3 fontsize10"><num value="ii">(ii) </num><content>Place curb, gutter, and sidewalk on both sides of street.</content></clause> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <chapeau>Tenth Avenue from Future Street to Sandstone Street:</chapeau> <clause class="indent3 fontsize10"><num value="i">(i) </num><content>Construct new pavement on north half of street and overlay south half of street.</content></clause> <clause class="indent3 fontsize10"><num value="ii">(ii) </num><content>Place curb and gutter only on north side of street.</content></clause> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <chapeau>Future Street—Approximately two thousand one hundred and fifty feet beginning at Tenth Avenue and bordering east side of block 101 as shown on Page townsite and block plats:</chapeau> <clause class="indent3 fontsize10"><num value="i">(i) </num><content>Pave street to fifty-two-foot width.</content></clause> <clause class="indent3 fontsize10"><num value="ii">(ii) </num><content>Place curb, gutter, and sidewalk on west side of street and curb and gutter only on east side of street.</content></clause> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <chapeau>Hopi Avenue from Oak Avenue to west boundary of block 101:</chapeau> <clause class="indent3 fontsize10"><num value="i">(i) </num><content>Pave street to forty-two-foot width.</content></clause> <clause class="indent3 fontsize10"><num value="ii">(ii) </num><content>Place curb, gutter and sidewalk on north side.</content></clause> <clause class="indent3 fontsize10"><num value="iii">(iii) </num><content>Place curb and gutter only on south side.</content></clause> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="g">(g) </num> <content>Construct paved access road from United States Highway Numbered 89 to site of new sanitary landfill to be located in the northwest quarter, section 20, township 41 north, range 8 east, Gila and Salt River meridian, Arizona: <proviso><i>Provided,</i> That in the performance of the work authorized in this section, the Secretary may either cause the work to be done or transfer funds to the municipality for this purpose after ascertaining that each segment of work will be accomplished by a date certain and to standards satisfactory to the Secretary.</proviso></content></subsection></section> <section class="firstIndent1 fontsize10"><num value="106"><inline class="smallCaps">Sec.</inline> 106. </num><subsection class="inline"><num value="a">(a) </num><content>Upon incorporation the Secretary is authorized to <sidenote><p class="firstIndent1 fontsize8">Payment to municipality.</p></sidenote>make a lump-sum payment of $500,000 to the municipality as assistance to the municipality in meeting the expenses of police and fire protection facilities and services, sewage system, refuse disposal, electrical distribution system, water treatment and distribution, streets and roads, library, park, playgrounds and other recreational facilities, municipal government buildings, and other properties and services required for municipal purposes.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>To make a lump-sum payment of $50,000 to the municipality for improvements to the Page Hospital.</content></subsection> </section> <section class="firstIndent1 fontsize10"><num value="107"><inline class="smallCaps">Sec.</inline> 107. </num><content>Upon incorporation, the United States will provide to the <sidenote><p class="firstIndent1 fontsize8">Federal personnel, services provided to municipality.</p></sidenote>municipality, upon its request, the services of Federal personnel, while <page identifier="/us/stat/88/1490">88 <inline class="smallCaps">Stat.</inline> 1490</page>they are employed by the United States in the operation and maintenance of the Glen Canyon unit of the Colorado River storage project, to assist in the transition from a federally administered community to <sidenote><p class="firstIndent1 fontsize8">Limitations.</p></sidenote>a self-governing municipal corporation: <proviso><i>Provided,</i> That such assistance snail be for a maximum of six months following the date of incorporation:</proviso> <proviso><i>And provided further,</i> That the total number of such employees shall be limited to ten at any time.</proviso></content></section> <sidenote><p class="firstIndent1 fontsize8">Funds, prohibition of additional use.</p></sidenote> <section class="firstIndent1 fontsize10"><num value="108"><inline class="smallCaps">Sec.</inline> 108. </num><subsection class="inline"><num value="a">(a) </num><content>Except as herein specifically provided, no assets of the Colorado River storage projects or moneys of the Upper Colorado River Basin Fund shall be utilized after incorporation of the municipality for carrying out the provisions of this Act.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Transfer of funds.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>At the election of the municipality, the United States shall make electric power and associated energy available to the municipality from the Colorado River storage project at the 69 kilovolt bus of the existing power substation at scheduled rates effective from time to time for resale by the municipality to an electric utility: <proviso><i>Provided,</i> That the sale agreement between the municipality and such utility is completed before August 1, 1976:</proviso> <proviso><i>And provided further,</i> That in lieu of such purchase and resale, there is hereby authorized to be appropriated from the Upper Colorado River Basin Fund and thereupon transferred to the municipality the amount necessary for the municipality to acquire the electric distribution facilities in Page, Arizona, in the event the municipality decides before August 1, 1976, to acquire said facilities through the exercise of its powers of eminent domain or the amount necessary for the municipality to acquire such facilities in accordance with the terms and conditions of the contract with the utility supplying the electricity, in the event the municipality exercises the option in said contract to acquire said electric distribution facilities:</proviso> <proviso><i>Provided,</i> That the municipality agrees to repay with interest the amount of the funds so transferred in twenty equal annual installments:</proviso> <proviso><i>Provided,</i> That the funds so repaid and the accrued interest thereon will be deposited in the Treasury to the credit of the aforesaid Upper Colorado River Basin Fund. The interest rate used for computing interest on the unpaid balance of funds transferred to the municipality for purposes of this subsection shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which the incorporation of Page, Arizona, occurs, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from date of issue</proviso>.</content></subsection></section> <sidenote><p class="firstIndent1 fontsize8">Navajo Tribe, transfer of land to be held in trust.</p></sidenote> <section class="firstIndent1 fontsize10"><num value="109"><inline class="smallCaps">Sec.</inline> 109. </num><content>The Secretary of the Interior is authorized to transfer to the United States to be held in trust for the Navajo Tribe title to a tract of land situated within the southeast quarter of the southeast quarter, section 8, the southwest quarter, section 9, section 16, the east half of the northeast quarter, section 17, section 21, and the northeast quarter of the northeast quarter, section 28, all in township 41 north, range 9 east, Gila and Salt River meridian, Coconino County, Arizona, and containing eight hundred and eight acres, more or less, of which the particular description and drawing (Numbered 557–431–38 “Navajo Tribe—Antelope Creek Recreation Development Area Survey Traverse” dated May 22, 1969) are on file and available for public inspection in the office of the Bureau of Reclamation, Department of the Interior. The transfer of title to such land is made in consideration of Navajo Council Resolution Numbered CNJ-50–69 dated June 3, 1969, and with the understanding that the land so transferred shall thereafter constitute a part of the Navajo Reservation and shall be subject to all laws and regulations applicable to that reservation.</content></section> <section class="firstIndent1 fontsize10"> <num value="110"><inline class="smallCaps">Sec.</inline> 110. </num><content>The Congress hereby directs the Secretary of the Interior to facilitate the effectuation of Navajo Tribal Council Resolutions <page identifier="/us/stat/88/1491">88 <inline class="smallCaps">Stat.</inline> 1491</page>CD 108–68 and CJN-50–69, subject to the provisions of the Colorado River Basin Project Act (82 Stat. 885).</content> </section> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1501">43 USC 1501</ref>.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="111"><inline class="smallCaps">Sec</inline>. 111. </num> <content>The Secretary is hereby authorized, subject only to the provisions of this title to perform such acts, to delegate such authority, and to prescribe such rules and regulations, and establish such terms and conditions as he may deem necessary and appropriate for the purpose of carrying out the provisions of this title.</content> </section> <section class="firstIndent1 fontsize10"> <num value="112"><inline class="smallCaps">Sec.</inline> 112. </num><content>The Upper Colorado River Basin Fund established pursuant <sidenote><p class="firstIndent1 fontsize8">Funding.</p></sidenote>to section 5 of the Act of April 11, 1956 (70 Stat. 105), shall be <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s620">43 USC 620</ref>.</p></sidenote>utilized as appropriate for carrying out the provisions of this title: <proviso><i>Provided,</i> That the total expenditures from the fund shall not exceed $4,000,000. Payments made under the provisions of section 105 and section 106 of this title, and transfer, made under the provisions of subsection 108(b) will be made from revenues accruing to said basin fund from the sale of power from the Upper Colorado River storage project.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="113"><inline class="smallCaps">Sec.</inline> 113. </num><content>All authority of the Secretary under sections 101 through <sidenote><p class="firstIndent1 fontsize8">Termination date.</p></sidenote>112 of this title shall terminate five years following date of enactment unless incorporation of Page, Arizona, shall previously have been achieved.</content></section> <section class="firstIndent1 fontsize10"> <num value="114"><inline class="smallCaps">Sec.</inline> 114. </num><content>This title may be cited as the “<shortTitle role="act">Page, Arizona, Community Act of 1974</shortTitle>”.</content> </section> <num value="II">TITLE II</num> <section> <heading class="smallCaps centered">cibolo project, texas</heading> <num value="201"><inline class="smallCaps">Sec.</inline> 201. </num><content>The Secretary of the Interior is authorized to construct, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s600f">43 USC 600f</ref>.</p></sidenote>operate, and maintain the Cibolo project, Texas, in accordance with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s391">43 USC 391 note</ref>.</p></sidenote>Acts amendatory thereof or supplementary thereto) and the provisions of this title and the plan set out in the report of the Secretary on this project with such modification of. omissions from, or additions to the works, as the Secretary may find proper and necessary for the purposes of storing, regulating, and furnishing water for municipal and industrial use, conserving and developing fish and wildlife resources, providing outdoor recreation op port unities, and controlling floods. The principal features of the project shall consist of a dam and reservoir on Cibolo Creek and public outdoor recreation facilities.</content> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec.</inline> 202. </num><content>The interest rate used for computing interest during construction <sidenote><p class="firstIndent1 fontsize8">Interest rate.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s600f-1">43 USC 600f-1</ref>.</p></sidenote>and interest on the unpaid balance of the reimbursable costs of the project shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction of the project is commenced, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from date of issue.</content></section> <section class="firstIndent1 fontsize10"><num value="203"><inline class="smallCaps">Sec.</inline> 203. </num><subsection class="inline"><num value="a">(a) </num><content>The Secretary is authorized to enter into a contract <sidenote><p class="firstIndent1 fontsize8">Water delivery and reimbursable construction costs repayment, contracts.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s600f-2">43 USC 600f-2</ref>.</p></sidenote>with a qualified entity or entities, for delivery of water and for repayment of all the reimbursable construction costs.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>Construction of the project shall not be commenced until a suitable contract has been executed by the Secretary with a qualified entity or entities.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>Such contract may be entered into without regard to the last sentence of section 9, subsection (c), of the Reclamation Project Act of 1939.</content> </subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s485h">43 USC 485h</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <content>Upon execution of the contract referred to in subsection 203(a) <sidenote><p class="firstIndent1 fontsize8">Maintenance and general operations of the project works, transfer.</p></sidenote>above, and upon completion of construction of the project, the Secretary shall transfer to a qualified contracting entity or entities the <page identifier="/us/stat/88/1492">88 <inline class="smallCaps">Stat.</inline> 1492</page>care, operation, and maintenance of the project works; and, after such transfer is made will reimburse the contractor annually for that portion of the year’s joint operation and maintenance costs which, if the United States had continued to operate the project, would have been allocated to flood control, fish and wildlife, and recreation purposes. Prior to assuming care, operation, and maintenance of the project works the contracting entity or entities shall be obligated to operate them in accordance with regulations prescribed by the Secretary of the Army with respect to flood control, and by the Secretary of the Interior with respect to fish and wildlife and recreation.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">(e) </num> <content>Upon execution of the contract referred to in subsection 203(a) above, and upon completion of construction of the project, the contracting entity or entities, their designee or designees, shall have a permanent right to use the reservoir and related facilities of the Cibolo project in accordance with said contract.</content></subsection></section> <sidenote><p class="firstIndent1 fontsize8">Fish, wildlife, and recreation conservation and development.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s600f-3">43 USC 600f-3</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l-12">16 USC 460<i>l</i>-12</ref>.</p> <p class="firstIndent1 fontsize8">Appropriations.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s600f-4">43 USC 600f-4</ref>.</p></sidenote> <section class="firstIndent1 fontsize10"><num value="204"><inline class="smallCaps">Sec.</inline> 204. </num><content>The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the Cibolo project shall be in accordance with provisions of the Federal Water Project Recreation Act (79 Stat. 213).</content></section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec.</inline> 205. </num><content>There is hereby authorized to be appropriated to defray construction costs of the Cibolo reclamation project allocable to flood control, fish and wildlife, and recreation the sum of $24,160,000 (July 1973 prices) plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the type of construction involved herein: <proviso><i>Provided,</i> That prior to appropriation of any Federal funds the San Antonio River Authority shall, pursuant to a contract satisfactory to the Secretary of the Interior, agree to advance funds for postauthorization planning and construction of the Cibolo reclamation project. The amount or funds to be advanced annually shall be in the proportion to the total annual fund requirements for the project as the construction cost allocated to municipal and industrial water is to the total cost of the project:</proviso> <proviso><i>Provided further,</i> That the sum of funds advanced shall not exceed the total project cost allocated to municipal and industrial water. There are also authorized to be appropriated such additional sums as may be required for the operation and maintenance of the project. The discount rate to be used by the Secretary for allocating costs of the works authorized herein shall be the rate for the fiscal year of passage of this Act as derived by the Secretary of the Treasury utilizing the formula set forth in Senate Document Numbered 97, Eighty-seventh Congress, second session, as revised by the Water Resources Council announcement in the Federal Register of December 24, 1968.</proviso></content> </section> <num value="III">TITLE III</num> <section><heading class="smallCaps centered">mountain park project, oklahoma</heading> <sidenote><p class="firstIndent1 fontsize8">Construction, operation, and maintenance, authorization.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s616aaaa">43 USC 616aaaa</ref>.</p></sidenote> <num value="301"><inline class="smallCaps">Sec.</inline> 301. </num><content>In order to provide for the construction, operation, and maintenance of facilities to deliver a water supply to the city of Frederick, Oklahoma, from the Mountain Park reclamation project, section 1 of Public Law 90–503 (82 Stat. 853) is amended by deleting “<quotedText>Altus and Snyder, Oklahoma,</quotedText>” and substituting therefor “<quotedText>Altus, Snyder, and Frederick, Oklahoma,</quotedText>”.</content></section> <sidenote><p class="firstIndent1 fontsize8">Appropriation.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s616ffff-1">43 USC 616ffff-1</ref>.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec.</inline> 302. </num><content>The amount which section 6 of said Act authorizes to be appropriated is hereby further increased by the sum of $6,057,000 (January 1974 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering costs indexes applicable to the type of construction involved herein.</content></section> 88 Stat. 1493 <num value="IV">TITLE IV</num> <section><heading class="smallCaps centered">casitas reservoir open space, california</heading> <num value="401"><inline class="smallCaps">Sec.</inline> 401. </num><content>In order to provide for protection of the quality of water in Lake Casitas, and to provide for the preservation and enhancement of public outdoor recreation, fish and wildlife, and the environment of the area, the Secretary of the Interior is hereby authorized to acquire in the name of the United States certain privately owned lands within townships 3 and 4 north, ranges 23 and 24 west, San Bernardino base and meridian, lying outside the boundaries of the Los Padres National Forest, as generally depicted on the drawing entitled <sidenote><p class="firstIndent1 fontsize8">Boundries drawing.</p></sidenote>“Private Lands in Casitas Reservoir Watershed”, numbered 767–208–237, and dated September 1972, which is on file and available for public inspection in the offices of the Bureau of Reclamation, Department of the Interior.</content> </section> <section class="firstIndent1 fontsize10"><num value="402"><inline class="smallCaps">Sec.</inline> 402. </num><subsection class="inline"><num value="a">(a) </num><content>Within the area described in section 401 of this title, <sidenote><p class="firstIndent1 fontsize8">Lands acquired by donation.</p></sidenote>the Secretary may acquire such lands by donation, purchase with donated or appropriated funds, or exchange: <proviso><i>Provided,</i> That any lands owned by the State of California or any political subdivision thereof may be acquired only by donation.</proviso></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <chapeau>With respect to any property acquired for the purposes of this title, which is beneficially owned by a natural person and which the Secretary determines can be continued in private use for a limited period or time without undue interference with the administration and public use of the area, the owner may on the date of its acquisition by the Secretary retain a right of use and occupancy of such property for agricultural or noncommercial residential purposes for a term, as the owners may elect, ending either—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>at the death of the owner or spouse, whichever occurs later, or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>not more than twenty-five years from the date of acquisition.</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">Any right so retained may, during its existence, be transferred or assigned. The Secretary shall pay to the owner the fair market value <sidenote><p class="firstIndent1 fontsize8">Fair market value.</p></sidenote>of the property on the date of such acquisition less the fair market value on such date of the right retained by the owner.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>The Secretary may terminate the right of use and occupancy, retained pursuant to this section, upon his determination that such a right is being exercised in a manner not consistent with the purposes of this title and upon tender to the holder of the right an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <content>For the purposes of this title, “noncommercial residential <sidenote><p class="firstIndent1 fontsize8">“Noncommercial residential property.”</p></sidenote>property” shall mean any single family residence in existence or under construction as of July 1, 1974.</content></subsection></section> <section class="firstIndent1 fontsize10"> <num value="403"><inline class="smallCaps">Sec.</inline> 403. </num><content>The Secretary shall administer the lands to be acquired <sidenote><p class="firstIndent1 fontsize8">Land administration.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l-15">16 USC 460<i>l</i>-15</ref>.</p></sidenote>in accordance with the provisions of section 4 of the Act of July 9, 1965 (79 Stat. 213), and may issue such licenses, permits, or leases, or take such other action as may be required for proper management in accordance therewith. The lands will be kept in their natural state as permanent open space and may be managed by the Casitas Municipal Water District, or any other authorized non-Federal public body, as part of the Lake Casitas Recreation Area.</content></section> <section class="firstIndent1 fontsize10"><num value="404"><inline class="smallCaps">Sec.</inline> 404. </num><content>There is authorized to be appropriated the sum of <sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote>$10,000,000 (April 1974 price levels) plus or minus such amounts as may be justified by changes in the price indexes for agricultural and noncommercial residential property in Ventura County, California. All funds authorized to be appropriated by this title shall be nonreimbursable.</content></section> <page identifier="/us/stat/88/1494">88 <inline class="smallCaps">Stat.</inline> 1494</page> <num value="V">TITLE V</num> <section><heading class="smallCaps centered">klamath project right-of-way, oregon</heading> <sidenote><p class="firstIndent1 fontsize8">Land conveyance to owners of adjoining lands.</p></sidenote> <num value="501"><inline class="smallCaps">Sec.</inline> 501. </num><content>The Secretary of the Interior is hereby authorized and directed to convey by quitclaim deed to the respective owners of record of those certain Tots situated in those subdivisions of Klamath Falls, Oregon, respectively known as Mills Addition, Enterprise Tracts, Mills Garden, Old Orchard Manor, Sixth Street Addition, and Subdivision Block 803, and as such officially shown on the recorded plats of the city records, all right, title, and interest of the United States in the specific tracts of land now owned by the United States which collectively constitute the abandoned Klamath reclamation project “B” lateral canal right-of-way, as designated for general location purposes on Bureau of Reclamation drawing numbered 12–208–338, <sidenote><p class="firstIndent1 fontsize8">Filing of application.</p></sidenote>dated March 27, 1970, and filed for reference purposes in both the Klamath County recorder’s office and the corresponding records of the city of Klamath Falls, to the extent that any such tract would constitute a contiguous addition to each of the lots in the above-named subdivisions if the boundaries of each of said lots were to be extended to include the affected port ion of above-cited public lands of the United States. Such conveyance shall, in each instance, be made only upon application therefor by the owner of record of one of the affected lots within one year of the date of this Act: <proviso><i>Provided,</i> That said owner of record shall, to the satisfaction of the Secretary of the Interior, support such application at time of filing same with proof of ownership and an adequate description of the exterior boundaries of the parcel of Government interest land applied for. The Secretary of the Interior is authorized, as determined appropriate by him, to require payment of not more than $100 per parcel of Government interest land applied for in addition to the cost of such conveyance.</proviso></content></section> <sidenote><p class="firstIndent1 fontsize8">Waiver and release.</p></sidenote> <section class="firstIndent1 fontsize10"><num value="502"><inline class="smallCaps">Sec.</inline> 502. </num><content>Acceptance of any conveyance made hereunder by any applicant shall constitute a complete and unconditional waiver and release by said applicant or applicants individually or collectively of any and all claims against the United States arising from or occasioned by use of the land by said applicant or his successors in interest.</content></section> <num value="VI">TITLE VI</num> <section><heading class="smallCaps centered">solano project recreational facilities, california</heading> <sidenote><p class="firstIndent1 fontsize8">Maintenance and operation of public outdoor recreation facilities.</p></sidenote> <num value="601"><inline class="smallCaps">Sec.</inline> 601. </num><content>In order to provide for the protection, use, and enjoyment of the esthetic and recreational values inherent in the Federal lands and waters at Lake Berryessa, Solano project, California, the Secretary of the Interior is hereby authorized to develop, operate, and maintain such short-term recreation facilities as he deems necessary for the safety, health, protection, and outdoor recreational use of the visiting public; to undertake a thorough and detailed review of all existing developments and uses on Federal lands to determine their compatibility with preservation of environmental values and their effectiveness in providing needed public services; to implement corrective procedures when necessary; and to otherwise administer the Federal land and water areas associated with said Lake Berryessa in such a manner that, in his opinion, will best provide for the public recreational use and enjoyment thereof, all to such an extent that said use is not incompatible with other authorized functions of the Solano project.</content></section> <sidenote><p class="firstIndent1 fontsize8">Rules and regulations.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="602"><inline class="smallCaps">Sec.</inline> 602. </num><content>The Secretary of the Interior shall make such rules and regulations as are necessary to carry out the provisions of this title and may enter into an agreement or agreements with the State of California, or political subdivision thereof, or a non-Federal agency or <page identifier="/us/stat/88/1495">88 <inline class="smallCaps">Stat.</inline> 1495</page>agencies or organizations as appropriate, for the development of a recreation management plan, and for the management of recreation including the operation and maintenance of the facilities within the area. The agency performing the recreation management functions is authorized to establish and collect fees for the use of recreation facilities.</content> </section> <section class="firstIndent1 fontsize10"> <num value="603"><inline class="smallCaps">Sec.</inline> 603. </num><content>There is authorized to be appropriated to the Secretary <sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote>of the Interior the sum of $3,000,000 (April 1974 price levels) plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in development costs as indicated by cost indexes applicable to the types of development involved herein. There is also authorized to be, appropriated such sums as may be necessary for administration of existing facilities and for operation and maintenance of the facilities authorized by this title.</content></section> <section class="firstIndent1 fontsize10"><num value="604"><inline class="smallCaps">Sec.</inline> 604. </num><content>All funds authorized to be appropriated by this title shall <sidenote><p class="firstIndent1 fontsize8">Nonreimbursable funds.</p></sidenote>be nonreimbursable.</content></section> <num value="VII">TITLE VII</num> <section><heading class="smallCaps centered">miscellaneous drainage construction, utah</heading> <num value="701"><inline class="smallCaps">Sec.</inline> 701. </num><content>The Secretary of the Interior is authorized to construct drainage facilities for the Vernal Unit of the Central Utah project and the Emery County project to the extent that he determines necessary for the sustained crop production on the irrigable lands of these projects. The Secretary is further authorized to negotiate and execute amendments to contract numbered 14–06–400–778, dated July 14, 1958, between the United States and the Uintah Water Conservancy District and contract numbered 14–06–400–2427, dated May 15, 1962, between the United States and the Emery Water Conservancy District to provide for the cost of such drainage works to be paid from the Colorado River storage project basin fund with repayment to be based on ability of irrigation water users to repay as determined by the Secretary.</content></section> <num value="VIII">TITLE VIII</num> <section><heading class="smallCaps centered">belle fourche dam rehabilitation, south dakota</heading> <num value="801"><inline class="smallCaps">Sec.</inline> 801. </num><content>The Secretary of the Interior is authorized to construct, operate, and maintain an adequate spillway and to improve the upstream slope protection of Belle Fourche Dam, Belle Fourche project, Belle Fourche, South Dakota, in accordance, with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s391">43 USC 391 note</ref>.</p></sidenote>thereof and supplementary thereto) and the provisions of this title.</content></section> <section class="firstIndent1 fontsize10"><num value="802"><inline class="smallCaps">Sec.</inline> 802. </num><content>Construction authorized by this title shall be for the safety <sidenote><p class="firstIndent1 fontsize8">Construction purposes.</p></sidenote>of Belle Fourche Dam and shall not provide additional conservation storage, capacity or develop benefits over and above those provided by the original dam and reservoir. Nothing in this title shall be construed to reduce the amount of project costs allocated to reimbursable purposes heretofore authorized.</content></section> <section class="firstIndent1 fontsize10"><num value="803"><inline class="smallCaps">Sec.</inline> 803. </num><content>Reimbursement of costs associated with improving <sidenote><p class="firstIndent1 fontsize8">Amendatory repayment contract.</p></sidenote>upstream slope protection on Belle Fourche Darn shall be limited to an amount equal to the estimated annual savings to the Belle Fourche Irrigation District in operation and maintenance expense over the remaining life of the district’s repayment contract with the United States. The Secretary is hereby authorized to enter into an amendatory repayment contract with the Belle Fourche Irrigation District to effect such reimbursement without interest. All other costs of construction authorized by this title shall be nonreimbursable.</content></section> <section class="firstIndent1 fontsize10"><num value="804"><inline class="smallCaps">Sec.</inline> 804. </num><content>There is hereby authorized to be appropriated for the construction <sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote>authorized by this title the sum of $3,620,000 (April 1974 <page identifier="/us/stat/88/1496">88 <inline class="smallCaps">Stat.</inline> 1496</page>price levels) plus or minus such amounts, if any, as may be justified by reason of changes in construction costs as indicated by engineering cost indices applicable to the types of construction involved.</content></section> <num value="X">TITLE X</num> <section><heading class="smallCaps centered">glendo unit road reconstruction, wyoming</heading> <num value="901"><inline class="smallCaps">Sec.</inline> 901. </num><content>The Secretary of the Interior is authorized to relocate, reconstruct, and rehabilitate the road that was initially relocated in connection with the construction of Glendo Dam and Reservoir to provide a safe, durable, two-lane highway for public use.</content></section> <sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="902"><inline class="smallCaps">Sec.</inline> 902. </num><content>There is hereby authorized to be appropriated for the relocation, reconstruction, and rehabilitation of said highway the sum of $284,000 (January 1974 price levels) plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuation in construction cost indices applicable to the types of construction involved herein.</content></section> <num value="X">TITLE X</num> <section><heading class="smallCaps centered">nueces river project, texas</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s600g">43 USC 600g</ref>.</p></sidenote> <num value="1001"><inline class="smallCaps">Sec.</inline> 1001. </num><content>The Secretary of the Interior is authorized to construct, operate, and maintain the Nueces River project, Texas, in accordance <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s391">43 USC 391 note</ref>.</p></sidenote>with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) and the provisions of this title and the plan set out in the report of the Secretary on this project with such modification of, omissions from, or additions to the works, as the Secretary may find proper and necessary for the purposes of storing, regulating, and furnishing water for municipal and industrial use, conserving and developing fish and wildlife resources, and providing outdoor recreation opportunities. The principal features of the project shall consist of the Choke Canyon Dam and Reservoir on the Frio River and public outdoor recreation and sport fishing facilities.</content></section> <sidenote><p class="firstIndent1 fontsize8">Costs, repayment.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s600g-1">43 USC 600g-1</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s390b">43 USC 390b</ref>.</p></sidenote> <section class="firstIndent1 fontsize10"><num value="1002"><inline class="smallCaps">Sec.</inline> 1002. </num><subsection class="inline"><num value="a">(a) </num><content>Costs of the project, allocated to municipal and industrial water supply, shall be repayable to the United States in not more than forty years under either the provisions of the Federal reclamation laws or under the provisions of the Water Supply Act of 1958 (title III of Public Law 85–500,72 Stat. 319, and Acts mandatory thereof or supplementary thereto): <proviso><i>Provided,</i> That, in either case, repayment of costs allocated to municipal and industrial water supply shall include interest on the unamortized balance.</proviso></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>The interest rate used for computing interest during construction and interest on the unpaid balance of the reimbursable costs of the project allocated to municipal and industrial water supply shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction of the project is commenced, on the basis of the computed average interest payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from date of issue.</content></subsection></section> <sidenote><p class="firstIndent1 fontsize8">Water delivery, reimbursable construction costs repayment, contracts.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s600g-1">43 USC 600g-2</ref>.</p></sidenote> <section class="firstIndent1 fontsize10"><num value="1003"><inline class="smallCaps">Sec.</inline> 1003. </num><subsection class="inline"><num value="a">(a) </num><content>The Secretary is authorized to enter into a contract with a qualified entity or entities, for delivery of water and for repayment of the balance of the reimbursable construction costs.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>Construction of the project shall not be commenced until a suitable contract has been executed by the Secretary with a qualified entity or entities.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>Such contract may be entered into without regard to the last <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s485h">43 USC 485h</ref>.</p></sidenote>sentence of section 9, subsection (c), of the Reclamation Project Act of 1939.</content> <page identifier="/us/stat/88/1497">88 <inline class="smallCaps">Stat.</inline> 1497</page> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <content>Upon execution of the contract referred to in section 1003(a) <sidenote><p class="firstIndent1 fontsize8">Maintenance and general operations of the project works, transfer.</p></sidenote>above, and upon completion of construction of the project, the Secretary shall transfer to a qualified contracting entity or entities the care, operation, and maintenance of the project works, and, after such transfer is made, will credit annually against the contractors repayment obligation that portion of the year’s joint operation and maintenance costs which, if the United States had continued to operate the project, would have been allocated to fish and wildlife and recreation purposes. Prior to assuming care, operation, and maintenance of the project works the contracting entity or entities shall agree to operate them in accordance with regulations prescribed by the Secretary of the Interior with respect to fish and wildlife and recreation.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">(e) </num> <content>Upon complete payment of the obligation assumed, including appropriate interest charges, the contracting entity or entities their designee or designees, shall have a permanent right to use the reservoir and related facilities of the Nueces River project in accordance with said contract.</content></subsection></section> <section class="firstIndent1 fontsize10"><num value="1004"><inline class="smallCaps">Sec.</inline> 1004. </num><content>The conservation and development of the fish and wildlife <sidenote><p class="firstIndent1 fontsize8">Fish, wildlife and recreation conservation and development.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s600g-3">43 USC 600g-3</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s4601–12">16 USC 4601–12</ref>.</p> <p class="firstIndent1 fontsize8">Appropriation.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s600g-4">43 USC 600g-4</ref>.</p></sidenote>wildlife resources and the enhancement of recreation opportunities in connection with the Nueces River project shall be in accordance with provisions of the Federal Water Project Recreation Act (79 Stat. 213).</content></section> <section class="firstIndent1 fontsize10"><num value="1005"><inline class="smallCaps">Sec.</inline> 1005. </num><content><p class="inline">There is hereby authorized to be appropriated for construction of the Nueces River project, Texas, the sum of $50,000,000 (January 1974 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the type of construction involved herein: <proviso><i>Provided,</i> That, prior to appropriation of any Federal funds, a qualified local entity shall, pursuant to a contract satisfactory to the Secretary, agree to advance on a schedule mutually acceptable to the local entity and the Secretary, the sum of not less than $15,000,000 representing a non-Federal contribution toward implementation of this title.</proviso></p> <p class="firstIndent1 fontsize10">Upon completion of the work authorized herein, the aforesaid $15,000,000 shall be applied as a credit to the repayment obligation of the local entity for municipal and industrial water service.</p> <p class="firstIndent1 fontsize10">The Secretary is authorized and directed, upon receipt of the aforesaid advance to proceed with postauthorization planning, preparation of designs and specifications, land acquisition, and award of construction contracts pending availability of appropriated funds.</p> <p class="firstIndent1 fontsize10">At any time following the first advance of funds by the local entity, said entity may request that the Secretary terminate activities then in progress, return unexpended balances of the funds so advanced, assign to the local entity the rights to any contract in force, convey any real estate acquired by the advanced funds and provide any data, drawings, or other items of value procured with advanced funds to the local entity; and such request shall be binding upon the Secretary.</p></content></section> <num value="XI">TITLE XI</num> <section><heading class="smallCaps centered">fryingpan-arkansas project, colorado</heading> <num value="1101"><inline class="smallCaps">Sec.</inline> 1101. </num><content>Section 7 of the Act entitled “<shortTitle role="act">An Act to authorize the construction, operation, and maintenance by the Secretary of the Interior of the Fryingpan-Arkansas project, Colorado</shortTitle>”, approved August 16, 1962 (76 Stat. 389), is amended by striking out <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s616f">43 USC 616f</ref>.</p></sidenote>“<quotedText>$170,000,000 (June 1961 prices)</quotedText>” and inserting in lieu thereof “<quotedText>$432,000,000 (January 1974 price levels)</quotedText>”.</content></section> <section class="firstIndent1 fontsize10"> <num value="1102"><inline class="smallCaps">Sec.</inline> 1102. </num><content>For the purpose of increasing the hydroelectric generating capacity the Secretary of the Interior is authorized to construct, operate, and maintain a second one hundred-megawatt unit at the <page identifier="/us/stat/88/1498">88 <inline class="smallCaps">Stat.</inline> 1498</page>Mount Elbert pumped storage powerplant site of the FryingpanArkansas project, Colorado. The funds required to construct such unit are included in the amount authorized to be appropriated by section 1101 of this title.</content> </section> <num value="XII">TITLE XII</num> <section><heading class="smallCaps centered">savage rapids fish way, oregon</heading> <num value="1201"><inline class="smallCaps">Sec.</inline> 1201. </num><content>The Secretary of the Interior is hereby authorized and directed to construct the necessary facilities at Savage Rapids Dam, Grants Pass Division, Rogue River Basin, Oregon, to provide for improved anadromous fish passage at the dam. Such improvements will be substantially in accordance with the plan set forth m the joint special report of the Bureau of Reclamation and the Bureau of Sport Fisheries and Wildlife entitled “Anadromous Fish Passage Facilities, Savage Rapids Dam, March 1974”. Operation and maintenance of the facilities herein authorized will be in conformity with procedures developed by the Oregon State Game Commission and will be performed by the Grants Pass Irrigation District at no cost to the United States.</content></section> <sidenote><p class="firstIndent1 fontsize8">Appropriations.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="1202"><inline class="smallCaps">Sec.</inline> 1202. </num><content>There is hereby authorized to be appropriated for construction of the facilities authorized by this Act the sum of $851,000 (April 1974 price levels), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the type of construction involved herein.</content> </section> <sidenote><p class="firstIndent1 fontsize8">Nonreimbursable costs.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="1203"><inline class="smallCaps">Sec.</inline> 1203. </num><content>The cost of all construction authorized by this title shall be nonreimbursable.</content></section> <num value="XIII">TITLE XIII</num> <section><heading class="smallCaps centered">feasibility study authorities</heading> <num value="1301"><inline class="smallCaps">Sec.</inline> 1301. </num><chapeau>The Secretary of the Interior is hereby authorized to engage in feasibility studies of the following potential water resource development programs:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>A total water management study to consider and coordinate the results of other water-related studies concerning Solano County, California.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>A municipal and industrial water supply delivery system for delivery of water to the city of Yuma, Arizona.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>The Apple Creek unit, Pick-Sloan Missouri Basin program in North Dakota.</content> </paragraph> </section> <num value="XIV">TITLE XIV</num> <section><heading class="smallCaps centered">elephant butte recreation pool, new mexico</heading> <num value="1401"><inline class="smallCaps">Sec.</inline> 1401. </num><subsection class="inline"><num value="a">(a) </num><content>Pending the negotiation of contracts and completion of construction for furnishing water supplies for tributary irrigation units as authorized by section 8 of the Act of Congress dated <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s615pp">43 USC 615pp</ref>.</p></sidenote>June 13, 1962 (Public Law 87–483; 76 Stat. 96), and subject to the availability of stored water in Heron Reservoir in excess of one hundred thousand acre-feet, which water is not required for existing authorized uses, the Secretary of the Interior is authorized to permit releases from the Heron Reservoir of the San Juan-Chama project to provide storage and establish a minimum recreation pool in Elephant Butte Reservoir. Such releases, to the extent of the available supply, shall be limited to providing fifty thousand acre-feet for the initial recreation pool and up to six thousand acre-feet of water delivered to Elephant Butte Reservoir annually, for a period not exceeding ten years from establishment of the recreation pool, to replace loss by <page identifier="/us/stat/88/1499">88 <inline class="smallCaps">Stat.</inline> 1499</page>evaporation and other causes. Authorized releases, as provided above, are subject to and subordinated to any obligations under contracts for San Juan-Chama project water now or hereafter in force and for filling and maintaining a pool in Cochiti Reservoir under the Act of Congress dated March 26, 1964 (Public Law 88–293; 78 Stat. 171). The provisions of section 11(a) of the Act of June 13, 1962 (76 Stat. 96), requiring a contract satisfactory to the Secretary for the use of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s615ss">43 USC 615ss</ref>.</p> <p class="firstIndent1 fontsize8">Water use contract, waiver.</p></sidenote>any water of the San Juan River are hereby expressly waived with respect to the use of water required to establish and maintain a permanent pool in Elephant Butte Reservoir: <proviso><i>Provided, however,</i> That nothing in this Act shall be construed to diminish, abridge, or impair any water rights of the Jicarilla, Southern Ute, Navajo and Ute Mountain Indians. Releases, as authorized by this title, shall be discontinued or reduced upon a finding by a court of competent jurisdiction that such releases are detrimental to such Indian water rights.</proviso> </content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><chapeau>The releases of water from Heron Reservoir authorized herein shall not be permitted unless and until the Rio Grande Compact Commission agrees by resolution that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>the term “usable water” as defined in article I of the Rio Grande Compact shall not include San Juan-Chama project water stored in Elephant Butte Reservoir;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>in the determination of “actual spill” as that term is defined in article I of the Rio Grande Compact, neither the spill of “credit water”, as that term is defined in article I of the Rio Grande Compact, shall not occur until all San Juan-Chama project water stored in Elephant Butte Reservoir shall have been spilled; and</content> </paragraph> <paragraph class="indent1 fontsize10"><num value="3">(3) </num><content>the amount of evaporation loss chargeable to San Juan-Chama project water stored in Elephant Butte Reservoir shall be that increment of the evaporation loss from the storage of San Juan-Chama project water; the evaporation loss from the reservoir shall be taken as the difference between the gross evaporation from the water surface of Elephant Butte Reservoir and the rainfall on the same surface.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num><content>Fifty per centum of any incremental costs incurred by the Secretary in the implementation of this title shall be borne by a non- Federal entity pursuant to arrangements satisfactory to the Secretary.</content></subsection></section> <section class="firstIndent1 fontsize10"><num value="1402"><inline class="smallCaps">Sec.</inline> 1402. </num><content>Nothing contained in this title shall be construed to increase the amount of money heretofore authorized to be appropriated for construction of the Colorado River storage project, any of its units, or of the Rio Grande project.</content></section> <section class="firstIndent1 fontsize10"><num value="1403"><inline class="smallCaps">Sec.</inline> 1403. </num><content>Nothing herein shall be construed to alter, amend, repeal, modify, or be in conflict with the provisions of the Rio Grande compact.</content></section> Approved October 27, 1974.
Public Law 93–494: To authorize appropriations for the Indian Claims Commission for fiscal year 1975. Public Law 494 Public Law 93–494 88 Stat. 1499 1974-10-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–494 93rd Congress
AN ACT To authorize appropriations for the Indian Claims Commission for fiscal year 1975.

October 27, 1974

[S. 3007]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That there is authorized

Indian Claims Commission.

Appropriation authorization.

to be appropriated not to exceed $1,450,000 to carry out the provisions of the Indian Claims Commission Act (25 U.S.C. 70), during fiscal year 1975.
Sec. 2. The first sentence of the last paragraph in section 2 of the Act of August 13, 1946 (60 Stat. 1050; 25 U.S.C. 70a) is hereby 88 Stat. 1500 amended by striking the semicolon and the word “the” after the words “section 250 of title 28” and inserting in lieu thereof a colon and the following: “Provided, That expenditures for food, rations, or provisions shall not be deemed payments on the claim. The”.
Approved October 27, 1974.
Public Law 93–495: To Increase deposit insurance from $20,000 to $40,000, to provide full insurance for public unit deposits of $100,000 per account, to establish a National Commission on Electronic Fund Transfers, and for other purposes. Public Law 495 Public Law 93–495 88 Stat. 1500 1974-10-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–495 93rd Congress
AN ACT To Increase deposit insurance from $20,000 to $40,000, to provide full insurance for public unit deposits of $100,000 per account, to establish a National Commission on Electronic Fund Transfers, and for other purposes.

October 28, 1974

[H.R. 11221]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <num value="I">TITLE I—</num> <heading class="inline">AMENDMENTS TO AND EXTENSIONS OF PROVISIONS OF LAW RELATING TO FEDERAL REGULATION OF DEPOSITORY INSTITUTIONS</heading> <sidenote><p class="firstIndent1 fontsize8">Federal deposit insurance, increase.</p></sidenote> <section><heading class="smallCaps centered">full deposit insurance for public units</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1811">12 USC 1811 note</ref>.</p></sidenote> <num value="101"><inline class="smallCaps">Section</inline> 101. </num><subsection class="inline"><num value="a">(a) </num><chapeau>The Federal Deposit Insurance Act is amended—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>in subsection (m) of section 3 (12 U.S.C. 1813(m)), by inserting immediately after “<quotedText>depositor</quotedText>” in the first sentence the following: “<quotedText>(other than a depositor referred to in the third sentence of this subsection)</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>in subsection (i) of section 7 (12 U.S.C. 1817(i)), by striking out “<quotedText>Trust</quotedText>” and inserting in lieu thereof the following: “<quotedText>Except with respect to trust funds which are owned by a depositor <sidenote><p class="firstIndent1 fontsize8"><i>Infra.</i></p></sidenote>referred to in paragraph (2) of section 11(a) of this Act, trust</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>in subsection (a) of section 11 (12 U.S.C. 1821(a)), by inserting “<quotedText>(1)</quotedText>” immediately after “<quotedText>(a)</quotedText>”, by striking out “<quotedText>The</quotedText>” in the last sentence and inserting in lieu thereof the following: “<quotedText>Except as provided in paragraph (2), the</quotedText>”, and by inserting at the end of such subsection the following: <sidenote><p class="firstIndent1 fontsize8">Insured banks, public funds in, coverage.</p></sidenote> <quotedContent> <paragraph class="indent1 fontsize10"> <num value="2">“(2)</num><subparagraph class="inline"><num value="A">(A) </num><chapeau>Notwithstanding any limitation in this Act or in any other provision of law relating to the amount of deposit insurance available for the account of any one depositor, in the case of a depositor who is—</chapeau> <clause class="indent3 fontsize10"><num value="i">“(i) </num><content>an officer, employee, or agent of the United States having official custody of public funds and lawfully investing or depositing the same in time and savings deposits in an insured bank;</content></clause> <clause class="indent3 fontsize10"><num value="ii">“(ii) </num><content>an officer, employee, or agent of any State of the United States, or of any county, municipality, or political subdivision thereof having official custody of public funds and lawfully investing or depositing the same in time and savings deposits in an insured bank in such State;</content></clause> <clause class="indent3 fontsize10"><num value="iii">“(iii) </num><content>an officer, employee, or agent of the District of Columbia having official custody of public funds and lawfully investing or depositing the same in time and savings deposits in an insured bank in the District of Columbia; or</content></clause> <clause class="indent3 fontsize10"><num value="iv">“(iv) </num><content>an officer, employee, or agent of the Commonwealth of Puerto Rico, of the Virgin Islands, of American Samoa, or of Guam, or of any county, municipality, or political subdivision thereof having official custody of public funds and lawfully investing or depositing the same in time and savings deposits in an insured bank in the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, or Guam, respectively;</content></clause></subparagraph> <page identifier="/us/stat/88/1501">88 <inline class="smallCaps">Stat.</inline> 1501</page> <continuation class="indent0 firstIndent0 fontsize10">his deposit shall be insured in an amount not to exceed $100,000 per account.</continuation> </paragraph> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>The Corporation may limit the aggregate amount of funds that may be invested or deposited in time and savings deposits in any insured bank by any depositor referred to in subparagraph (A) of this paragraph on the basis of the size of any such bank in terms of its assets: <proviso><i>Provided, however,</i> such limitation may be exceeded by the pledging of acceptable securities to the depositor referred to in sub paragraph (A) of this paragraph when and where required.</proviso>”</content></subsection></quotedContent></content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><chapeau>Title IV of the National Housing Act is amended—</chapeau> <sidenote><p class="firstIndent1 fontsize8">Savings and loan associations, public funds in, coverage.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>section 401(b)(12 U.STC. 1724(b)), by striking out “<quotedText>Funds</quotedText>” in the third sentence and inserting in lieu thereof the following: “<quotedText>Except in the case of an insured member referred to in the preceding sentence, funds</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>in section 405(a)(12 U.S.C. 1728(a)), by inserting after “<quotedText>except that no member or investor</quotedText>” the following: “<quotedText>(other than a member or investor referred to in subsection (d))</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>by adding at the end of section 405 (12 U.S.C. 1728) the following new subsection: <quotedContent><subsection class="firstIndent1 fontsize10"><num value="d">“(d)</num><paragraph class="inline"><num value="1">(1) </num><chapeau>Notwithstanding any limitation in this subchapter or in any other provision of law relating to the amount of deposit insurance available for any one account, in the case of an insured member who is—</chapeau> <clause class="indent3 fontsize10"><num value="i">“(i) </num><content>an officer, employee, or agent of the United States having official custody of public funds and lawfully investing the same in an insured institution;</content></clause> <clause class="indent3 fontsize10"><num value="ii">“(ii) </num><content>an officer, employee, or agent of any State of the United States, or of any county, municipality, or political subdivision thereof having official custody of public funds and lawfully investing the same in an insured institution in such State;</content></clause> <clause class="indent3 fontsize10"><num value="iii">“(iii) </num><content>an officer, employee, or agent of the District of Columbia having official custody of public funds and lawfully investing the same in an insured institution in the District of Columbia; or</content></clause> <clause class="indent3 fontsize10"><num value="iv">“(iv) </num><content>an officer, employee, or agent of the Commonwealth of Puerto Rico, or of the Virgin Islands, or of any county, municipality, or political subdivision thereof having official custody of public funds and lawfully investing the same in an insured institution in the Commonwealth of Puerto Rico or the Virgin Islands, respectively;</content></clause> <continuation class="indent0 firstIndent0 fontsize10">the account of such insured member shall be insured in an amount not to exceed $100,000 per account.</continuation></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The Corporation may limit the aggregate amount of funds that may be invested in any insured institution by any insured member referred to in paragraph (1) of this subsection on the basis of the size of any such institution in terms of its assets.”</content></paragraph></subsection></quotedContent> </content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num><chapeau>Subsection (c) of section 207 of the Federal Credit Union Act <sidenote><p class="firstIndent1 fontsize8">Credit unions, public funds in, coverage.</p></sidenote>(12 U.S.C. 1787) is amended by—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>inserting “<quotedText>(1)</quotedText>” after “<quotedText>(c)</quotedText>”,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>striking out “<quotedText>For the purposes of this subsection,</quotedText>” and inserting in lieu thereof the following: “<quotedText>Subject to the provisions of paragraph (2), for the purposes of this subsection,</quotedText>”, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>adding at the end thereof the following: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="2">“(2)</num><subparagraph class="inline"><num value="A">(A) </num><chapeau>Notwithstanding any limitation in this Act or in any other provision of law relating to the amount of insurance available for the account of any one depositor or member, in the case of a depositor or member who is—</chapeau> <clause class="indent3 fontsize10"><num value="i">“(i) </num><content>an officer, employee, or agent of the United States having official custody of public funds and lawfully investing the same in a credit union insured in accordance with this title;</content></clause> <clause class="indent3 fontsize10"><num value="ii">“(ii) </num><content>an officer, employee, or agent of any State of the United <page identifier="/us/stat/88/1502">88 <inline class="smallCaps">Stat.</inline> 1502</page>States, or of any county, municipality, or political subdivision thereof having official custody of public funds and lawfully investing the same in a credit union insured in accordance with this title in such State;</content></clause> <clause class="indent3 fontsize10"><num value="iii">“(iii) </num><content>an officer, employee, or agent of the District of Columbia having official custody of public funds and lawfully investing the same in a credit union insured in accordance with this title in the District of Columbia; or</content></clause> <clause class="indent3 fontsize10"><num value="iv">“(iv) </num><content>an officer, employee, or agent of the Commonwealth of Puerto Rico, of the Panama Canal Zone, or of any territory or possession of the United States, or of any county, municipality, or political subdivision thereof having official custody of public funds and lawfully investing the same in a credit union insured in accordance with this title in the Commonwealth of Puerto Rico, the Panama Canal Zone, or any such territory or possession, respectively;</content></clause> <continuation class="indent0 firstIndent0 fontsize10">his account shall be insured in an amount not to exceed $100,000 per account.</continuation></subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>The Administrator may limit the aggregate amount of funds that may be invested or deposited in any credit union insured in accordance with this title by any depositor or member referred to in subparagraph (A) on the basis of the size of any such credit union in terms of its assets.”</content> </subparagraph></paragraph></quotedContent></content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num><content>Section 107(7) of the Federal Credit Union Act (12 U.S.C. 1757(7)) is amended by adding at the end thereof the following: “<quotedText>and to receive from an officer, employee, or agent of those nonmember units of Federal, State, or local governments and political subdivisions thereof enumerated in section 207 of this Act (12 U.S.C. 1787) and in the manner so prescribed payments on shares, share certificates, and share deposits;</quotedText>”.</content></subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1464">12 USC 1464</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="e">(e) </num><content>Section 5(b)(2) of the Home Owners’ Loan Act of 1933 is amended by inserting immediately after “<quotedText>security,</quotedText>” “<quotedText>may be surety as defined by the Board</quotedText>”.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Study.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4275">42 USC 4275 note</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="f">(f)</num><paragraph class="inline"><num value="1">(1) </num><content>The Advisory Commission on Intergovernmental Relations (hereinafter referred to as the “Commission”) shall conduct a study of the impact of this section on funds available for housing and on State and local bond markets.</content></paragraph> <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>The Commission shall make a report to the Congress of the results of its study not later than two years after the date of enactment of this Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>There is authorized to be appropriated to the Commission such sums as may be necessary to carry out this subsection.</content></paragraph></subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1813">12 USC 1813 note</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="g">(g) </num><content>This section and the amendments made by it shall take effect on the thirtieth day beginning after the date of enactment of this Act.</content></subsection></section> <section><heading class="smallCaps centered">increased ceiling on deposit insurance: federal deposit insurance corporation</heading> <num value="102"><inline class="smallCaps">Sec.</inline> 102. </num><subsection class="inline"><num value="a">(a) </num><chapeau>The following provisions of the Federal Deposit Insurance Act are amended by striking out “<quotedText>$20,000</quotedText>” each place it appears therein and inserting in lieu thereof “<quotedText>$40,000</quotedText>”:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>The first sentence of section 3(m)(12 U.S.C. 1813(m)).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>The first sentence of section 7(i)(12 U.S.C. 1817(i)).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>The last sentence of section 11(a)(12 U.S.C. 1821 (a)).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>The fifth sentence of section 11 (i)(12 U.S.C. 1821(i)).</content></paragraph></subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1813">12 USC 1813 note</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>The amendments made by this section are not applicable to any claim arising out of the closing of a bank prior to the effective date of this section.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Effective date.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1813">12 USC 1813 note</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num><content>The amendments made by this section shall take effect on the thirtieth day beginning after the date of enactment of this Act.</content></subsection></section> <page identifier="/us/stat/88/1503">88 <inline class="smallCaps">Stat.</inline> 1503</page> <section><heading class="smallCaps centered">increased ceiling on deposit insurance: federal savings and loan insurance corporation</heading> <num value="103"><inline class="smallCaps">Sec.</inline> 103. </num><subsection class="inline"><num value="a">(a) </num><chapeau>The following provisions of title IV of the National Housing Act are amended by striking out “<quotedText>$20,000</quotedText>” each place it <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1724">12 USC 1724</ref>.</p></sidenote>appears therein and inserting in lieu thereof “<quotedText>$40,000</quotedText>”:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>Section 401(b)(12 U.S.C. 1724(b)).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>Section 405(a)(12 U.S.C. 1728(a)).</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>The amendments made by this section are not applicable to <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1724">12 USC 1724 note</ref>.</p></sidenote>any claim arising out of a default, as defined in section 401(d) of the National Housing Act, where the appointment of a conservator, receiver, or other legal custodian as set forth in that section becomes effective prior to the effective date of this section.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num><content>The amendments made by this section shall take effect on the <sidenote><p class="firstIndent1 fontsize8">Effective date.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1724">12 USC 1724 note</ref>.</p></sidenote>thirtieth day beginning after the date of enactment of this Act.</content></subsection></section> <section><heading class="smallCaps centered">increased ceiling on deposit insurance: insured credit unions</heading> <num value="104"><inline class="smallCaps">Sec.</inline> 104. </num><subsection class="inline"><num value="a">(a) </num><content>The first sentence of section 207(c) of title II of the Federal Credit Union Act (12 U.S.C. 1787 (c)) is amended by striking out “<quotedText>$20,000</quotedText>” and inserting in lieu thereof “<quotedText>$40,000</quotedText>”.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>The amendment made by this section is not applicable to any <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1787">12 USC 1787 note</ref>.</p></sidenote>claim arising out of the closing of a credit, union for liquidation on account of bankruptcy or insolvency pursuant to section 207 of title II of the Federal Credit Union Act (12 U.S.C. 1787) prior to the effective date of this section.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num><content>The amendment made by this section shall take effect on the <sidenote><p class="firstIndent1 fontsize8">Effective date.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1787">12 USC 1787 note</ref>.</p></sidenote>thirtieth day beginning after the date of enactment of this Act.</content></subsection></section> <section><heading class="smallCaps centered">conversion of savings and loan associations</heading> <num value="105"><inline class="smallCaps">Sec.</inline> 105. </num><subsection class="inline"><num value="a">(a) </num><content>Section 403(b) of the National Housing Act, as amended (12 U.S.C. 1726(b)), is amended by adding at the end thereof the following new sentence: “<quotedText>As used in this subsection the term <sidenote><p class="firstIndent1 fontsize8">“Reserves.”</p></sidenote>‘reserves’ shall, to such extent as the Corporation may provide, include capital stock and other items, as defined by the Corporation.</quotedText>”.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>Section 12(i) of the Securities Exchange Act of 1934, as amended (15 U.S.C. 78l(i) ), is amended to read as follows: <quotedContent><subsection class="firstIndent1 fontsize10"><num value="i">“(i) </num><content>In respect of any securities issued by banks the deposits of which are insured in accordance with the Federal Deposit Insurance Act or institutions the accounts of which are insured by the Federal <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1811">12 USC 1811 note</ref>.</p></sidenote>Savings and Loan Insurance Corporation, the powers, functions, and duties vested in the Commission to administer and enforce sections 12, 13, 14(a), 14(c), 14(d), 14(f), and 16, (1) with respect to national <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s78l/78m/78n/78p">15 USC 78<i>l</i>, 78m, 78n, 78p</ref>.</p></sidenote>banks and banks operating under the Code of Law for the District of Columbia are vested in the Comptroller of the Currency, (2) with respect to all other member banks of the Federal Reserve System are vested in the Board of Governors of the Federal Reserve System, (3) with respect to all other insured banks are vested in the Federal Deposit Insurance Corporation, and (4) with respect to institutions the accounts of which are insured by the Federal Savings and Loan Insurance Corporation are vested in the Federal Home Loan Bank Board. The Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Federal Home Loan Bank Board shall have the power to make such rules and regulations as may be necessary for the execution of the functions vested in them as provided in this subsection. In carrying out their responsibilities under this subsection, the agencies named in the first sentence of this subsection shall issue substantially similar regulations to regulations and rules issued by the <page identifier="/us/stat/88/1504">88 <inline class="smallCaps">Stat.</inline> 1504</page> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s78l/78m/78n/78p">15 USC 78<i>l</i>, 78m, 78n, 78p</ref>.</p></sidenote>Commission under sections 12, 13, 14(a), 14(c), 14(d), 14(f) and 16, unless they find that implementation of substantially similar regulations with respect to insured banks and insured institutions are not necessary or appropriate in the public interest or for protection of <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>investors, and publish such findings, and the detailed reasons therefor, in the Federal Register. Such regulations of the above-named agencies, or the reasons for failure to publish such substantially similar regulations to those of the Commission, shall be published in the Federal Register within 120 days of the date of enactment of this subsection, and, thereafter, within 60 days of any changes made by the Commission in its relevant regulations and rules.”</content></subsection></quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num><content>Paragraph (5) of subsection (1) of section 407 of the National Housing Act. as amended (12 U.S.C. 1730(1)(5)), is amended by inserting after “<quotedText>disclosures</quotedText>” a comma and the following: “<quotedText>including proxy statements and the solicitation of proxies thereby,</quotedText>”.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num><content>Subsection (j) of section 402 of the National Housing Act, as amended (12 U.S.C. 1725 (j)), is amended to read as follows: <quotedContent><subsection class="firstIndent1 fontsize10"><num value="j">“(j)</num><paragraph class="inline"><num value="1">(1) </num><content>Except as otherwise provided in this subsection, until June 30, 1976, the Corporation shall not approve, under regulations adopted pursuant to this title or section 5 of the Home Owners’ Loan <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1464">12 USC 1464</ref>.</p></sidenote>Act of 1933, by order or otherwise, a conversion from the mutual to stock form of organization involving or to involve an insured institution, except that this sentence shall not be deemed to limit now or hereafter the authority of the Corporation to approve conversions in supervisory cases. The Corporation may by rule, regulation, or otherwise and under such civil penalties (which may be cumulative to any other remedies) as it may prescribe take whatever action it deems necessary or appropriate to implement or enforce this subsection.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>The number of applications for conversion which the Corporation may approve pursuant to such regulations prior to such date shall be determined by the Corporation but shall not in any case be. in excess of 1 per centum of the total number of all insured institutions in existence on the date of enactment, exclusive of the number of applications submitted for filing prior to May 22, 1973. <proviso><i>Provided,</i> that the Corporation shall process to final determination any application submitted for filing prior to May 22, 1973, pursuant to regulations in effect and adopted pursuant to this title, or section 5 of the Home Owners’ Loan Act of 1933: with further proviso that, with respect to a plan of conversion of any such applicant which, before May 22, 1973, has given written public notice to its accountholders of adoption of a plan of conversion or has obtained waiver forms from substantially all its new accountholders subsequent to the giving of such notice, such plan need not require payment for stock distributed to accountholders as of a record date prior to the date of such notice</proviso>.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>Notwithstanding any other provision of law, an insured institution converting in accordance with this subsection may retain its Federal charter. The Corporation shall not, however, permit the conversion of Federally chartered associations in States the laws of which do not authorize the operation of State chartered stock associations, except that the prohibition contained in this sentence shall not apply to the District of Columbia, the Commonwealth of Puerto Rico, or a State where all insured institutions domiciled therein are Federally chartered.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>Any aggrieved person may obtain review of a final action of the Federal Home Loan Bank Board or the Corporation which approves, with or without conditions, or disapproves a plan of conversion pursuant to this subsection only by complying with the provisions of subsection (k) of section 408 of this title (12 U.S.C. 1730a (k)) within the time limit and in the manner therein prescribed, <page identifier="/us/stat/88/1505">88 <inline class="smallCaps">Stat.</inline> 1505</page>which provisions shall apply in all respects as if such final action were an order the review of which is therein provided for, except that such <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>time limit shall commence upon publication of notice of such final action in the Federal Register or upon the giving of such general notice of such final action as is required by or approved under regulations of the Corporation, whichever is later.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>The Corporation shall, at least annually and more often as <sidenote><p class="firstIndent1 fontsize8">Reports to Congress.</p></sidenote>circumstances require, render reports to the Congress on the exercise of its authority under this subsection.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content>In implementing the provisions of this subsection the Corporation shall regulate the approvals granted so as to achieve (A) as much geographical dispersion as practicable; (B) an equitable distribution with respect to the size of converting institutions: (C) an appropriate distribution between State chartered and Federally chartered institutions; (D) timeliness of filing; (E) flexibility to the extent possible in plans of conversion taking into account the characteristics of particular converting institutions; (F) the meeting of capital needs; and (G) such other reasonable results as it may consider necessary or appropriate in the public interest.”</content></paragraph></subsection></quotedContent></content></subsection></section> <section><heading class="smallCaps centered">moratorium on conversion of federal deposit insurance corporation insured institutions</heading> <num value="106"><inline class="smallCaps">Sec.</inline> 106. </num><content>Section 18(c) of the Federal Deposit Insurance Act (12 U.S.C. 1828(c)) is amended by adding at the end thereof the following new subsection: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="10">“(10) </num> <content>Until June 30, 1976, the responsible agency shall not grant any approval required by law which has the practical effect of permitting a conversion from the mutual to the stock form of organization, including approval of any application pending on the date of enactment of this subsection, except that this sentence shall not lie deemed to limit now or hereafter the authority of the responsible agency to grant approvals in cases where the responsible agency finds that it must act in order to maintain the safety, soundness, and stability of an insured bank. The responsible agency may by rule, regulation, or otherwise and under such civil penalties (which shall be cumulative to any other remedies) as it may prescribe take whatever action it deems necessary or appropriate to implement or enforce this subsection.”</content></paragraph></quotedContent></content></section> <section> <heading class="smallCaps centered">extension of flexible regulation of interest rates authority</heading> <num value="107"><inline class="smallCaps">Sec.</inline> 107. </num><content>Section 7 of the Act of September 21, 1966 (Public Law 89–597), is amended by striking out “<quotedText>December 31, 1974</quotedText>” and inserting <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s461">12 USC 461 note</ref>.</p></sidenote>in lieu thereof “<quotedText>December 31, 1975</quotedText>”.</content></section> <section><heading class="smallCaps centered">increase dollars limitation on the cost for construction of federal reserve bank branch buildings</heading> <num value="108"><inline class="smallCaps">Sec.</inline> 108. </num><content>The ninth paragraph of section 10 of the Federal Reserve Act, as amended (12 U.S.C. 522), is amended by striking out “<quotedText>$60,000,000</quotedText>” and inserting in lieu thereof “<quotedText>$140,000,000</quotedText>”.</content></section> <section><heading class="smallCaps centered">purchase of united states obligations by federal reserve banks</heading> <num value="109"><inline class="smallCaps">Sec.</inline> 109. </num><subsection class="inline"><num value="a">(a) </num><content>Section 14(b) of the Federal Reserve Act, as amended (12 U.S.C. 355), is amended by striking out “<quotedText>November 1, 1973</quotedText>” and inserting in lieu thereof “<quotedText>November 1, 1975</quotedText>” and by striking out “<quotedText>October 31, 1973</quotedText>” and inserting in lieu thereof “<quotedText>October 31, 1975</quotedText>”.</content></subsection></section> <page identifier="/us/stat/88/1506">88 <inline class="smallCaps">Stat.</inline> 1506</page> <section><heading class="smallCaps centered">supervisory authority of the board of governors of the federal reserve system over bank holding companies and their nonbanking subsidiaries</heading> <num value="110"><inline class="smallCaps">Sec.</inline> 110. </num><content>Subsection (b) of section 8 of the Federal Deposit Insurance Act, as amended (12 U.S.C. 1818(b)), is amended by adding at the end thereof the following new paragraph: <quotedContent><paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>This subsection and subsections (c), (d), (h), (i), (k), (l), (m), and (n) of this section shall apply to any bank holding company, and to any subsidiary (other than a bank) of a holding company, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1841">12 USC 1841 note</ref>.</p></sidenote>those terms are defined in the Bank Holding Company Act of 1956, in the same manner as they apply to a State member insured bank.”</content></paragraph></quotedContent></content></section> <section> <heading class="smallCaps centered">independence of financial regulatory agencies</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s250">12 USC 250</ref>.</p></sidenote> <num value="111"><inline class="smallCaps">Sec.</inline> 111. </num><content>No officer or agency of the United States shall have any authority to require the Securities and Exchange Commission, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Federal Home Loan Bank Board, or the National Credit Union Administration to submit legislative recommendations, or testimony, or comments on legislation, to any officer or agency of the United States for approval, comments, or review, prior to the submission of such recommendations, testimony, or comments to the Congress if such recommendations, testimony, or comments to the Congress include a statement indicating that the views expressed therein are those of the agency submitting them and do not necessarily represent the views of the President.</content></section> <section> <heading class="smallCaps centered">increase in authority of the treasury to purchase federal home loan bank obligations</heading> <num value="112"><inline class="smallCaps">Sec.</inline> 112. </num><chapeau>Subsection (i) of section 11 of the Federal Home Loan Bank Act, as amended (12 U.S.C. 1431 (i)), is amended as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>In the fourth sentence of the first paragraph, strike out “<quotedText>subsection</quotedText>” both places it appears and insert in lieu thereof “<quotedText>paragraph</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content><p class="inline">Strike out the second paragraph and insert in lieu thereof the following:</p> <p class="firstIndent1 fontsize10">“In addition to obligations authorized to be purchased by the preceding paragraph, the Secretary of the Treasury is authorized to purchase any obligations issued pursuant to this section in amounts not to exceed $2,000,000,000. The authority provided in this paragraph shall expire August 10, 1975.</p> <p class="firstIndent1 fontsize10">“Notwithstanding the foregoing, the authority provided in this subsection may be exercised during any calendar quarter beginning after the date of enactment of the Depository Institutions Amendments of 1974 only if the Secretary of the Treasury and the Chairman of the Federal Home Loan Bank Board certify to the Congress that (1) alternative means cannot be effectively employed to permit members of the Home Loan Bank System to continue to supply reasonable amounts of funds to the mortgage market, and (2) the ability to supply such funds is substantially impaired because of monetary stringency <sidenote><p class="firstIndent1 fontsize8">Repayment of funds.</p></sidenote>and a high level of interest rates. Any funds borrowed under this subsection shall be repaid by the Home Loan Banks at the earliest practicable date.”.</p></content></paragraph> </section> <section> <heading class="smallCaps centered">authority of the federal home loan mortgage corporation to purchase mortgages from state insured institutions</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1454">12 USC 1454</ref>.</p></sidenote> <num value="113"><inline class="smallCaps">Sec.</inline> 113. </num><content>The first sentence of section 305(a)(1) of the Federal Home Loan Mortgage Corporation Act is amended by inserting “<quotedText>or <page identifier="/us/stat/88/1507">88 <inline class="smallCaps">Stat.</inline> 1507</page>from any financial institution the deposits or accounts of which are insured under the laws of any State if the total amount of time and savings deposits held in all such institutions in that State is more than 20 per centum of the total amount of such deposits in all banks, building and loan, savings and loan, and homestead associations (including cooperative banks) in that State</quotedText>” immediately after “<quotedText>agency of the United States</quotedText>”.</content></section> <section> <heading class="smallCaps centered">technical amendment</heading> <num value="114"><inline class="smallCaps">Sec.</inline> 114. </num><subsection class="inline"><num value="a">(a) </num><content>Section 7(d)(2) of the Act of August 16, 1973 (Public Law 93–100), is amended by striking out “<quotedText>the Commonwealth of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s548">12 USC 548 note</ref>.</p></sidenote>Puerto Rico,</quotedText>”.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>The amendment made by subsection (a) applies with respect to any taxable year or other taxable period beginning on or after August 16, 1973.</content></subsection> </section> <section> <heading class="smallCaps centered">federal savings and loan insurance corporation secondary reserve adjustment</heading> <num value="115"><inline class="smallCaps">Sec.</inline> 115. </num><content>Paragraph (1) of subsection (d) of section 404 of the National Housing Act, as amended (12 U.S.C. 1727), is amended by inserting “<quotedText>(A)</quotedText>” immediately after “<quotedText>(d)(1)</quotedText>” and by adding at the end thereof the following: <quotedContent><subparagraph class="indent2 fontsize10"><num value="B">“(B)</num><clause class="inline"><num value="i">(i) </num><content>As used in this subparagraph (B), ‘minimum net reduction <sidenote><p class="firstIndent1 fontsize8">“Minimum net reduction year.”</p></sidenote>year’ means a year in which, at the close of December 31, the aggregate of the primary reserve and secondary reserve equals or exceeds 1¼ per centum of the total amount of all accounts of insured members of all insured institutions, and ‘beginning balance’ means, <sidenote><p class="firstIndent1 fontsize8">“Beginning balance.”</p></sidenote>with respect to each insured institution, the amount of such institution’s pro rata share, if any, of the secondary reserve as of the close of December 31, 1973, plus any amount or amounts which, after such close, shall have been transferred to such institution under the last sentence of subsection (e) of this section.</content></clause> <clause class="indent3 fontsize10"><num value="ii">“(ii) </num><content>In May of each year succeeding each of the first ten minimum net reduction years occurring after December 31, 1973, the Corporation shall reduce the amount of each insured institution’s pro rata share, if any, of the secondary reserve as of the preceding December 31 by making to the extent available, a cash refund to each such institution of the difference, if any, between such pro rata share and the applicable percentage of its beginning balance prescribed in the following table: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr><td style="text-align:left; vertical-align:bottom; width: 60%">“Minimum net reduction year:</td> <td style="text-align:right; vertical-align:top; width: 40%">Percent of beginning balance</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 60%" leaders="yes">  1</td> <td style="text-align:right; vertical-align:top; width: 40%">98.1818182</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 60%" leaders="yes">  2</td> <td style="text-align:right; vertical-align:top; width: 40%">94.5454546</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 60%" leaders="yes">  3</td> <td style="text-align:right; vertical-align:top; width: 40%">89.0909091</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 60%" leaders="yes">  4</td> <td style="text-align:right; vertical-align:top; width: 40%">81.8181818</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 60%" leaders="yes">  5</td> <td style="text-align:right; vertical-align:top; width: 40%">72.7272727</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 60%" leaders="yes">  6</td> <td style="text-align:right; vertical-align:top; width: 40%">61.8181818</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 60%" leaders="yes">  7</td> <td style="text-align:right; vertical-align:top; width: 40%">49.0909091</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 60%" leaders="yes">  8</td> <td style="text-align:right; vertical-align:top; width: 40%">34.5454546</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 60%" leaders="yes">  9</td> <td style="text-align:right; vertical-align:top; width: 40%">18.1818182</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 60%" leaders="yes">  10</td> <td style="text-align:right; vertical-align:top; width: 40%">0.0000000”.</td> </tr> </tbody> </table> </content></clause></subparagraph></quotedContent></content> </section> <section> <heading class="smallCaps centered">credit union management: reasonable health and accident insurance not considered compensation</heading> <num value="116"><inline class="smallCaps">Sec.</inline> 116. </num><content>Section 111 of the Federal Credit Union Act (12 U.S.C. 1761) is amended by striking the period at the end thereof and adding “<quotedText>: <i>Provided, however,</i> That reasonable health, accident, and similar insurance protection shall not be considered compensation under regulations promulgated by the Administrator.</quotedText>”.</content></section> 88 Stat. 1508 <num value="II">TITLE II—</num><heading class="inline">NATIONAL COMMISSION ON ELECTRONIC FUND TRANSFERS</heading> <section><heading class="smallCaps centered">establishment</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s2401">12 USC 2401</ref>.</p></sidenote> <num value="201"><inline class="smallCaps">Sec.</inline> 201. </num><content>There is established the National Commission on Electronic Fund Transfers (hereinafter referred to as the “Commission”) which shall be an independent instrumentality of the United States.</content></section> <section><heading class="smallCaps centered">membership</heading> <num value="202"><inline class="smallCaps">Sec.</inline> 202. </num><subsection class="inline"><num value="a">(a) </num><chapeau>The Commission shall be composed of twenty-six members as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>the Chairman of the Board of Governors of the Federal Reserve System or his delegate;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>the Attorney General or his delegate;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>the Comptroller of the Currency or his delegate;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>the Chairman of the Federal Home Loan Bank Board or his delegate;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content>the Administrator of the National Credit Union Administration or his delegate;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content>the Chairman of the Board of Directors of the Federal Deposit Insurance Corporation or his delegate;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content>the Chairman of the Federal Communications Commission or his delegate;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">(8) </num> <content>the Postmaster General or his delegate;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">(9) </num> <content>the Secretary of the Treasury or his delegate;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">(10) </num> <content>the Chairman of the Federal Trade Commission or his delegate;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="11">(11) </num> <content>two individuals, appointed by the President, one of whom is an official of a State agency which regulates banking, or similar financial institutions, and one of whom is an official of a State agency which regulates thrift or similar financial institutions;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="12">(12) </num> <content>seven individuals, appointed by the President, who are officers or employees of, or who otherwise represent banking, thrift, or other business entities, including one representative each of commercial banks, mutual savings banks, savings and loan associations, credit unions, retailers, nonbanking institutions offering credit card services, and organizations providing interchange services for credit cards issued by banks;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="13">(13) </num> <content>five individuals, appointed by the President, from private life who are not affiliated with, do not represent and have no substantial interest in any banking, thrift, or other financial institution, including but not limited to credit unions, retailers, and insurance companies;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="14">(14) </num> <content>the Comptroller General of the United States or his delegate; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="15">(15) </num> <content>the Director of the Office of Technology Assessment.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>The Chairperson shall be designated by the President at the time of his appointment from among the members of the Commission and such selection shall be by and with the advice and consent of the Senate unless the appointee holds an office to which he was appointed by and with the advice and consent of the Senate.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num><content>A vacancy in the Commission shall be filled in the manner in which the original appointment was made.</content></subsection></section> <section><heading class="smallCaps centered">functions</heading> <sidenote><p class="firstIndent1 fontsize8">Study.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s2403">12 USC 2403</ref>.</p></sidenote> <num value="203"><inline class="smallCaps">Sec.</inline> 203. </num><subsection class="inline"><num value="a">(a) </num><chapeau>The Commission shall conduct a thorough study and investigation and recommend appropriate administrative action and <page identifier="/us/stat/88/1509">88 <inline class="smallCaps">Stat.</inline> 1509</page>legislation necessary in connection with the possible development of public or private electronic fund transfer systems, taking into account, among other things—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>the need to preserve competition among the financial institutions and other business enterprises using such a system;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>the need to promote competition among financial institutions and to assure Government regulation and involvement or participation in a system competitive with the private sector be kept to a minimum;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>the need to prevent unfair or discriminatory practices by any financial institution or business enterprise using or desiring to use such a system;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>the need to afford maximum user and consumer convenience ;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content>the need to afford maximum user and consumer rights to privacy and confidentiality;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content>the impact of such a system on economic and monetary policy;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content>the implications of such a system on the availability of credit;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">(8) </num> <content>the implications of such a system expanding internationally and into other forms of electronic communications; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">(9) </num> <content>the need to protect the legal rights of users and consumers.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>The Commission shall make an interim report within one year <sidenote><p class="firstIndent1 fontsize8">Interim report.</p></sidenote>of its findings and recommendations and at such other times as it deems advisable and shall transmit to the President and to the Congress <sidenote><p class="firstIndent1 fontsize8">Final report to President and Congress.</p></sidenote>not later than two years after the date of enactment of this Act a final report of its findings and recommendations. Any such report shall include all hearing transcripts, staff studies, and other material used in preparation of the report. The interim and final reports shall be made available to the public upon transmittal. Sixty days after transmission <sidenote><p class="firstIndent1 fontsize8">Termination date.</p></sidenote>of its final report the Commission shall cease to exist.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num><content>The Commission shall not be required to obtain the clearance of any Federal agency prior to the transmittal of any interim or final report.</content></subsection> </section> <section> <heading class="smallCaps centered">powers of commission</heading> <num value="204"><inline class="smallCaps">Sec.</inline> 204. </num><subsection class="inline"><num value="a">(a) </num><content>The Commission may for the purpose of carrying out <sidenote><p class="firstIndent1 fontsize8">Hearings.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s2404">12 USC 2404</ref>.</p></sidenote>this Act hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission may deem advisable. The Commission may administer oaths of affirmations to witnesses appearing before it.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>When so authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num><content>The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d)</num><paragraph class="inline"><num value="1">(1) </num><content>The Commission shall have power to issue subpenas requiring <sidenote><p class="firstIndent1 fontsize8">Subpenas.</p></sidenote>the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation by the Commission. Such attendance of witnesses and the production of such evidence may be required from any place within the United States at any designated place of hearing within the United States.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>If a person issued a subpena under paragraph (1) refuses to obey such subpena or is guilty of contumacy, any court of the United States within the judicial district within which the hearing is con-<page identifier="/us/stat/88/1510">88 <inline class="smallCaps">Stat.</inline> 1510</page>ducted or within the judicial district within which such person is found or resides or transacts business may (upon application by the Commission) order such person to appear before the Commission to produce evidence or to give testimony touching the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>The subpenas of the Commission shall be served in the manner provided for subpenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>All process of any court to which application may be made under this section may be served in the judicial district wherein the person required to be served resides or may be found.</content></paragraph></subsection></section> <section><heading class="smallCaps centered">administration</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s2405">12 USC 2405</ref>.</p></sidenote> <num value="205"><inline class="smallCaps">Sec.</inline> 205. </num><subsection class="inline"><num value="a">(a) </num><chapeau>The Commission—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>may appoint with the advice and consent of the Senate and fix the compensation of an Executive Director, and such additional staff personnel as he deems necessary, without regard <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s101">5 USC 101 <i>et seq.</i></ref></p></sidenote>to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter <sidenote><ref href="/us/usc/t5/s5101/5331">5 USC 5101, 5331</ref>.</sidenote>51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but at rates not in excess of the maximum rate for GS-18 of the General Schedule <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p> <p class="firstIndent1 fontsize8">Experts and consultants.</p></sidenote>under section 5332 of such title; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>may procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code, but at rates not to exceed $150 a day for individuals.</content></paragraph> </subsection> <sidenote><p class="firstIndent1 fontsize8">Audits, report to Congress.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>The Comptroller General is authorized to make detailed audits of the books and records of the Commission, and shall report the results of any such audit to the Commission and to the Congress.</content></subsection></section> <section><heading class="smallCaps centered">compensation</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s2406">12 USC 2406</ref>.</p></sidenote> <num value="206"><inline class="smallCaps">Sec.</inline> 206. </num><subsection class="inline"><num value="a">(a) </num><content>A member of the Commission who is an officer or employee of the United States shall serve as a member of the Commission without additional compensation, but shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of his duties as a member of the Commission.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>A member of the Commission who is not otherwise an officer or employee of the United States shall be compensated at a rate of $150 per day when engaged in the performance of his duties as a member of the Commission, and shall also be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of his duties as a member of the Commission.</content></subsection></section> <section><heading class="smallCaps centered">assistance of government agencies</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s2407">12 USC 2407</ref>.</p></sidenote> <num value="207"><inline class="smallCaps">Sec.</inline> 207. </num><subsection class="inline"><num value="a">(a) </num><content>Each department, agency, and instrumentality of the executive branch of the Government, including independent agencies, is authorized and directed to furnish to the Commission, upon request, such data, reports, and other information as the Commission deems necessary to carry out its functions under this title.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>The head of any department, agency, or instrumentality of the United States may detail such personnel and may furnish such services, with or without reimbursement, as the Commission may request to assist it in carrying out its functions.</content></subsection></section> <page identifier="/us/stat/88/1511">88 <inline class="smallCaps">Stat.</inline> 1511</page> <section> <heading class="smallCaps centered">authorization of appropriations</heading> <num value="208">Sec. 208. </num><content>There are authorized to be appropriated without fiscal <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s2408">12 USC 2408</ref>.</p></sidenote>year limitations such sums, not to exceed $2,000,000, as may be necessary to carry out the provisions of this title.</content></section> <num value="III">TITLE III—</num><heading class="inline">FAIR CREDIT BILLING</heading> <sidenote><p class="firstIndent1 fontsize8">Fair Credit Billing Act.</p></sidenote> <section><num value="301">§ 301. </num><heading>Short title</heading> <content>This title may be cited as the “<shortTitle role="title">Fair Credit Billing Act</shortTitle>”.</content></section> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1601">15 USC 1601 note</ref>.</p></sidenote> <section><num value="302">§ 302. </num><heading>Declaration of purpose</heading> <content>The last sentence of section 102 of the Truth in Lending Act (15 U.S.C. 1601) is amended by striking out the period and inserting in lieu thereof a comma and the following: “<quotedText>and to protect the consumer against inaccurate and unfair credit billing and credit card practices.</quotedText>”</content></section> <section><num value="303">§ 303. </num><heading>Definitions of creditor and open end credit plan</heading> <content>The first sentence of section 103(f) of the Truth in Lending Act (15 U.S.C. 1602(f)) is amended to read as follows: “The term ‘creditor’ refers only to creditors who regularly extend, or arrange for the extension of, credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, whether in connection with loans, sales of property or services, or otherwise. For the purposes of the requirements imposed under Chapter 4 and sections 127(a)(6), 127(a)(7), 127(a)(8), 127 (b)(1), 127(b)(2), 127(b)(3), 127(b)(9), and 127(b)(11) of Chapter 2 of this Title, the term ‘creditor’ shall also include card issuers whether <sidenote><p class="firstIndent1 fontsize8"><i>Post,</i> p. 1512.</p> <p class="firstIndent1 fontsize8"><i>Infra.</i></p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1637">15 USC 1637</ref>.</p></sidenote>or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Board shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open end credit plans.</content></section> <section><num value="304">§ 304. </num><heading>Disclosure of fair credit billing rights</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num><content>Section 127(a) of the Truth in Lending Act (15 U.S.C. 1637 (a)) is amended by adding at the end thereof a new paragraph as follows: <quotedContent><paragraph class="indent1 fontsize10"> <num value="8">“(8) </num> <content>A statement, in a form prescribed by regulations of the Board of the protection provided by sections 161 and 170 to an <sidenote><p class="firstIndent1 fontsize8"><i>Post,</i> pp. 1512, 1515.</p></sidenote>obligor and the creditor’s responsibilities under sections 162 and 170. With respect to each of two billing cycles per year, at semiannual intervals, the creditor shall transmit such statement to each obligor to whom the creditor is required to transmit a statement pursuant to section 127(b) for such billing cycle.”</content></paragraph></quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>Section 127(c) of such Act (15 U.S.C. 1637(c)) is amended to read: <quotedContent><subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><content>In the case of any existing account under an open end consumer credit plan having an outstanding balance of more than $1 at or after the close of the creditor's first full billing cycle under the plan after the effective date of subsection (a) or any amendments thereto, the items described in subsection (a), to the extent applicable and not previously disclosed, shall be disclosed in a notice mailed or delivered to the obligor not later than the time of mailing the next statement required by subsection (b).”</content></subsection></quotedContent></content></subsection></section> <section><num value="305">§ 305. </num><heading>Disclosure of billing contact</heading> <content>Section 127 (b) of the. Truth in Lending Act (15 U.S.C. 1637 (b)) is amended by adding at the end thereof a new paragraph as follows: <page identifier="/us/stat/88/1512">88 <inline class="smallCaps">Stat.</inline> 1512</page> <quotedContent><paragraph class="indent1 fontsize10"> <num value="11">“(11) </num> <content>The address to be used by the creditor for the purpose of receiving billing inquiries from the obligor.”</content></paragraph></quotedContent> </content></section> <section><num value="306">§ 306. </num><heading>Billing practices</heading> <content>The Truth in Lending Act (15 U.S.C. 1601-1665) is amended by adding at the end thereof a new chapter as follows: <quotedContent> <chapter> <num value="4">“Chapter 4—</num><heading class="inline">CREDIT BILLING</heading> <toc> <headingItem> <designator>“Sec.</designator> <label/> </headingItem> <referenceItem><designator>“161. </designator><label>Correction of billing errors.</label></referenceItem> <referenceItem><designator>“162. </designator><label>Regulation of credit reports.</label></referenceItem> <referenceItem><designator>“163. </designator><label>Length of billing period.</label></referenceItem> <referenceItem><designator>“164. </designator><label>Prompt crediting of payments.</label></referenceItem> <referenceItem><designator>“165. </designator><label>Crediting excess payments.</label></referenceItem> <referenceItem><designator>“166. </designator><label>Prompt notification of returns.</label></referenceItem> <referenceItem><designator>“167. </designator><label>Use of cash discounts.</label></referenceItem> <referenceItem><designator>“168. </designator><label>Prohibition of tie-in services.</label></referenceItem> <referenceItem><designator>“169. </designator><label>Prohibition of offsets.</label></referenceItem> <referenceItem><designator>“170. </designator><label>Rights of credit card customers.</label></referenceItem> <referenceItem><designator>“171. </designator><label>Relation to State laws.</label></referenceItem> </toc> <section><num value="161">“§ 161. </num><heading>Correction of billing errors</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1666">15 USC 1666</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><chapeau>If a creditor, within sixty days after having transmitted to an obligor a statement of the obligor’s account in connection with an extension of consumer credit, receives at the address disclosed under <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1511.</p></sidenote>section 127(b)(11) a written notice (other than notice on a payment stub or other payment medium supplied by the creditor if the creditor <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1511.</p></sidenote>so stipulates with the disclosure required under section 127(a)(8)) from the obligor in which the obligor—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>sets forth or otherwise enables the creditor to identify the name and account number (if any) of the obligor,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>indicates the obligor’s belief that the statement contains a billing error and the amount of such billing error, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <chapeau><p class="inline">sets forth the reasons for the obligor’s belief (to the extent applicable) that the statement contains a billing error,</p> <p class="indent0 firstIndent0 fontsize10">the creditor shall, unless the obligor has, after giving such written notice and before the expiration of the time limits herein specified, agreed that the statement was correct—</p> </chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>not later than thirty days after the receipt of the notice, send a written acknowledgement thereof to the obligor, unless the action required in subparagraph (B) is taken within such thirty-day period, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <chapeau>not later than two complete billing cycles of the creditor (in no event later than ninety days) after the receipt of the notice and prior to taking any action to collect the amount, or any part, thereof, indicated by the obligor under paragraph (2) either—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>make appropriate corrections in the account of the obligor, including the crediting of any finance, charges on amounts erroneously billed, and transmit to the obligor a notification of such corrections and the creditor’s explanation of any change in the amount indicated by the obligor under paragraph (2) and, if any such change is made and the obligor so requests, copies of documentary evidence of the obligor’s indebtedness; or</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>send a written explanation or clarification to the obligor, after having conducted an investigation, setting forth to the extent applicable the reasons why the creditor believes the account of the obligor was correctly shown in the statement and. upon request of the obligor, provide copies of documentary evidence of the obligor’s indebtedness. In the case of a billing error where the obligor alleges that the creditor’s billing statement reflects goods not delivered to <page identifier="/us/stat/88/1513">88 <inline class="smallCaps">Stat.</inline> 1513</page>the obligor or his designee in accordance with the agreement made at the time of the transaction, a creditor may not construe such amount to be correctly shown unless he determines that such goods were actually delivered, mailed, or otherwise sent to the obligor and provides the obligor with a statement of such determination.</content></clause></subparagraph> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">After complying with the provisions of this subsection with respect to an alleged billing error, a creditor has no further responsibility under this section if the obligor continues to make substantially the same allegation with respect to such error.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><chapeau>For the purpose of this section, a ‘billing error’ consists of any <sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote>of the following:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>A reflection on a statement of an extension of credit which was not made to the obligor or, if made, was not in the amount reflected on such statement.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>A reflection on a statement of an extension of credit for which the obligor requests additional clarification including documentary evidence thereof.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>A reflection on a statement of goods or services not accepted by the obligor or his designee or not delivered to the obligor or his designee in accordance with the agreement made at the time of a transaction.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>The creditor’s failure to reflect properly on a statement a payment made by the obligor or a credit issued to the obligor.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>A computation error or similiar error of an accounting nature of the creditor on a statement.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content>Any other error described in regulations of the Board.</content></paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><chapeau>For the purposes of this section, ‘action to collect the amount, or any part thereof, indicated by an obligor under paragraph (2) does not include the sending of statements of account to the obligor following written notice from the obligor as specified under subsection (a), if—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>the obligor’s account is not restricted or closed because of the failure of the obligor to pay the amount indicated under paragraph (2) of subsection (a), and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>the creditor indicates the payment of such amount is not required pending the creditor’s compliance with this section.</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">Nothing in this section shall be construed to prohibit any action by a creditor to collect any amount which has not been indicated by the obligor to contain a billing error.</continuation></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><content>Pursuant to regulations of the Board, a creditor operating an open end consumer credit plan may not, prior to the sending of the written explanation or clarification required under paragraph (B)(ii), restrict or close an account with respect to which the obligor has indicated pursuant to subsection (a) that he believes such account to contain a billing error solely because of the obligor’s failure to pay the amount indicated to lie in error. Nothing in this subsection shall he deemed to prohibit a creditor from applying against the credit limit on the obligor’s account the amount indicated to be in error.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num><content>Any creditor who fails to comply with the requirements of this <sidenote><p class="firstIndent1 fontsize8">Noncompliance.</p></sidenote>section or section 162 forfeits any right, to collect from the obligor the amount indicated by the obligor under paragraph (2) of subsection (a) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed $50.</content></subsection></section> <section><num value="162">“§ 162. </num><heading>Regulation of credit reports</heading> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><content>After receiving a notice from an obligor as provided in section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1666a">15 USC 1666a</ref>.</p></sidenote>161(a), a creditor or his agent may not directly or indirectly threaten <page identifier="/us/stat/88/1514">88 <inline class="smallCaps">Stat.</inline> 1514</page>to report to any person adversely on the obligor’s credit rating or credit standing because of the obligor’s failure to pay the amount indicated by the obligor under section 161(a)(2), and such amount may not be reported as delinquent to any third party until the creditor has met the requirements of section 161 and has allowed the obligor the same number of days (not less than ten) thereafter to make payment as is provided under the credit agreement with the obligor for the payment of undisputed amounts.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>If a creditor receives a further written notice from an obligor that an amount is still in dispute within the time allowed for payment under subsection (a) of this section, a creditor may not report to any third party that the amount of the obligor is delinquent because the obligor has failed to pay an amount which he has indicated under section 161(a)(2), unless the creditor also reports that the amount is in dispute and, at the same time, notifies the obligor of the name and address of each party to whom the creditor is reporting information concerning the delinquency.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><content>A creditor shall report any subsequent resolution of any delinquencies reported pursuant to subsection (b) to the parties to whom such delinquencies were initially reported.</content></subsection></section> <section><num value="163">“§ 163. </num><heading>Length of billing period</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1666b">15 USC 1666b</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><content>If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part unless a statement which includes the amount upon which the finance charge for that period is based was mailed at least fourteen days prior to the date specified in the statement by which payment must tie made in order to avoid imposition of that finance charge.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>Subsection (a) does not apply in any case where a creditor has been prevented, delayed, or hindered in making timely mailing or delivery of such periodic statement within the time period specified in such subsection because of an act of God, war, natural disaster, strike, or other excusable or justifiable cause, as determined under regulations of the Board.</content></subsection></section> <section><num value="164">“§ 164. </num><heading>Prompt crediting of payments</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1666c">15 USC 1666c</ref>.</p></sidenote> <content>“Payments received from an obligor under an open end consumer credit plan by the creditor shall be posted promptly to the obligor’s account as specified in regulations of the Board. Such regulations shall prevent a finance charge from being imposed on any obligor if the creditor has received the obligor’s payment in readily identifiable form in the amount, manner, location, and time indicated by the creditor to avoid the imposition thereof.</content></section> <section><num value="165">“§ 165. </num><heading>Crediting excess payments</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1666d">15 USC 1666d</ref>.</p></sidenote> <content>“Whenever an obligor transmits funds to a creditor in excess of the total balance due on an open end consumer credit account, the creditor shall promptly (1) upon request of the obligor refund the amount of the overpayment, or (2) credit such amount to the obligor’s account.</content></section> <section><num value="166">“§ 166. </num><heading>Prompt notification of returns</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1666e">15 USC 1666e</ref>.</p></sidenote> <content>“With respect to any sales transaction where a credit card has been used to obtain credit, where the seller is a person other than the card issuer, and where the seller accepts or allows a return of the goods or forgiveness of a debit for services which were the subject of such sale, the seller shall promptly transmit to the credit card issuer, a credit statement with respect thereto and the credit card issuer shall credit the account of the obligor for the amount of the transaction.</content></section> <page identifier="/us/stat/88/1515">88 <inline class="smallCaps">Stat.</inline> 1515</page> <section><num value="167">“§ 167. </num><heading>Use of cash discounts</heading> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><content>With respect to credit card which may be used for extensions <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1666f">15 USC 1666f</ref>.</p></sidenote>of credit in sales transactions in which the. seller is a person other than the card issuer, the card issuer may not, by contract or otherwise, prohibit any such seller from offering a discount to a cardholder to induce the cardholder to pay by cash, check, or similar means rather than use a credit card.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>With respect to any sales transaction, any discount not in excess of 5 per centum offered by the seller for the purpose of inducing payment by cash, check, or other means not involving the use of a credit card shall not constitute a finance charge as determined under section 106, if such discount is offered to all prospective buyers and its availability is disclosed to all prospective buyers clearly and conspicuously in accordance with regulations of the Board.</content></subsection></section> <section><num value="168">“§ 168. </num><heading>Prohibition of tie-in services</heading> <content>“Notwithstanding any agreement to the contrary, a card issuer may <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1666g">15 USC 1666g</ref>.</p></sidenote>not require a seller, as a condition to participating in a credit card plan, to open an account with or procure any other service from the card issuer or its subsidiary or agent.</content></section> <section><num value="169">“§ 169. </num><heading>Prohibition of offsets</heading> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><chapeau>A card issuer may not take any action to offset a cardholder’s <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1666h">15 USC 1666h</ref>.</p></sidenote>indebtedness arising in connection with a consumer credit transaction under the relevant credit card plan against funds of the cardholder held on deposit with the card issuer unless—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>such action was previously authorized in writing by the cardholder in accordance with a credit plan whereby the cardholder agrees periodically to pay debts incurred in his open end credit account by permitting the card issuer periodically to deduct all or a portion of such debt from the cardholder’s deposit account, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>such action with respect to any outstanding disputed amount not be taken by the card issuer upon request of the cardholder.</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">In the case of any credit card account in existence on the effective date of this section, the previous written authorization referred to in clause (1) shall not be required until the date, (after such effective date) when such account is renewed, but in no case later than one year after such effective date. Such written authorization shall be deemed to exist if the card issuer has previously notified the cardholder that the use of his credit card account will subject any funds which the card issuer holds in deposit accounts of such cardholder to offset against any amounts due and payable on his credit card account which have not been paid in accordance with the terms of the agreement between the card issuer and the cardholder.</continuation></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>This section does not alter or affect the right under State law of a card issuer to attach or otherwise levy upon funds of a cardholder held on deposit with the card issuer if that remedy is constitutionally available to creditors generally.</content></subsection></section> <section><num value="170">“§ 170. </num><heading>Rights of credit card customers</heading> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><content>Subject to the limitation contained in subsection (b), a card <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1666i">15 USC 1666i</ref>.</p></sidenote>issuer who has issued a credit card to a cardholder pursuant to an open end consumer credit plan shall be subject to all claims (other than tort claims) and defenses arising out of any transaction in which the credit card is used as a method of payment or extension of credit if (1) the obligor has made a good faith attempt to obtain satisfactory resolution of a disagreement or problem relative to the transaction from the person honoring the credit card; (2) the amount of the initial <page identifier="/us/stat/88/1516">88 <inline class="smallCaps">Stat.</inline> 1516</page>transaction exceeds $50; and (3) the place where the initial transaction occurred was in the same State as the mailing address previously provided by the cardholder or was within 100 miles from such address, except that the limitations set forth in clauses (2) and (3) with respect to an obligor’s right to assert claims and defenses against a card issuer shall not be applicable to any transaction in which the person honoring the credit card (A) is the same person as the card issuer, (B) is controlled by the card issuer, (C) is under direct or indirect common control with the card issuer, (D) is a franchised dealer in the card issuer’s products or services, or (E) has obtained the order for such transaction through a mail solicitation made by or participated in by the card issuer in which the cardholder is solicited to enter into such transaction by using the credit card issued by the card issuer.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>The amount of claims or defenses asserted by the cardholder may not exceed the amount of credit outstanding with respect to such transaction at the time the cardholder first notifies the card issuer or the person honoring the credit card of such claim or defense. For the purpose of determining the amount of credit outstanding in the preceding sentence, payments and credits to the cardholder’s account are deemed to have been applied, in the order indicated, to the payment of: (1) late charges in the order of their entry to the account; (2) finance charges in order of their entry to the account; and (3) debits to the account other than those set forth above, in the order in which each debit entry to the account was made.</content></subsection></section> <section><num value="171">“§ 171. </num><heading>Relation to State laws</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1666j">15 USC 1666j</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><content>This chapter does not annul, alter, or affect, or exempt any person subject to the provisions of this chapter from complying with, the laws of any State with respect to credit billing practices, except to the extent that those laws are inconsistent with any provision of this chapter, and then only to the extent of the inconsistency. The Board is authorized to determine whether such inconsistencies exist. The Board may not determine that any State law is inconsistent with any provision of this chapter if the Board determines that such law gives greater protection to the consumer.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>The Board shall by regulation exempt from the requirements of this chapter any class of credit transactions within any State if it determines that under the law of that State that class of transactions is subject to requirements substantially similar to those imposed under this chapter or that such law gives greater protection to the consumer, and that there is adequate provision for enforcement.”</content></subsection></section></chapter></quotedContent></content> </section> <section><num value="307">§ 307. </num><heading>Conforming amendments</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num><content>The table of chapters of the Truth in Lending Act is amended by adding immediately under item 3 the following: <quotedContent> <toc> <referenceItem><designator>“4. </designator><label leaderChar="-" leaderAlign="right"><inline class="smallCaps">Credit Billing</inline></label> <target>161”</target></referenceItem> </toc> </quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>Section 111(d) of such Act (15 U.S.C. 1610(d)) is amended by striking out “<quotedText>and 130</quotedText>” and inserting in lieu thereof a comma and the following: “<quotedText>130, and 166</quotedText>”.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num><chapeau>Section 121(a) of such Act (15 U.S.C. 1631(a)) is amended—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>and upon whom a finance charge is or may be imposed</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by inserting “<quotedText>or chapter 4</quotedText>” immediately after “<quotedText>this chapter</quotedText>”.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num><content>Section 121(b) of such Act (15 U.S.C. 1631(b)) is amended by inserting “<quotedText>or chapter 4</quotedText>” immediately after “<quotedText>this chapter</quotedText>”.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="e">(e) </num><content>Section 122(a) of such Act (15 U.S.C. 1632(a)) is amended by inserting “<quotedText>or chapter 4</quotedText>” immediately after “<quotedText>this chapter</quotedText>”.</content></subsection> <page identifier="/us/stat/88/1517">88 <inline class="smallCaps">Stat.</inline> 1517</page> <subsection class="firstIndent1 fontsize10"><num value="f">(f) </num><content>Section 122(b) of such Act (15 U.S.C. 1632(b)) is amended by inserting “<quotedText>or chapter 4</quotedText>” immediately after “<quotedText>this chapter</quotedText>”.</content></subsection></section> <section><num value="308">§ 308. </num><heading>Effective date</heading> <content>This title takes effect upon the expiration of one year after the date <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1666">15 USC 1666 note</ref>.</p></sidenote>of its enactment.</content></section> <num value="IV">TITLE IV—</num><heading class="inline">AMENDMENTS TO THE TRUTH IN LENDING ACT</heading> <section><num value="401">§ 401. </num><heading>Advertising; more-than-four-installment rule</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num><content>Chapter 3 of the Truth in Lending Act (15 U.S.C. 1661-1665) is amended by adding at the end thereof a new section as follows: <quotedContent><section><num value="146">“§ 146. </num><heading>More-than-four-installment rule</heading> <content><p class="firstIndent1 fontsize10">“Any advertisement to aid, promote, or assist directly or indirectly <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1665a">15 USC 1665a</ref>.</p></sidenote>the extension of consumer credit repayable in more than four installments shall, unless a finance charge is imposed, clearly and conspicuously state, in accordance with the regulations of the Board:</p> <p class="firstIndent1 fontsize10">“‘THE COST OF CREDIT IS INCLUDED IN THE PRICE QUOTED FOR THE GOODS AND SERVICES.’”</p></content></section></quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>The table of sections of such chapter is amended by adding at the end thereof a new item as follows: <toc> <referenceItem><designator>“146. </designator><label>More-than-four-installment rule.”.</label></referenceItem> </toc> </content></subsection></section> <section><num value="402">§ 402. </num><heading>Agricultural credit exemption</heading> <content>Section 104 of the Truth in Lending Act (15 U.S.C. 1603) is amended by adding at the end thereof a new paragraph as follows: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>Credit transactions primarily for agricultural purposes in which the total amount to be financed exceeds $25,000.”</content></paragraph></quotedContent></content></section> <section><num value="403">§ 403. </num><heading>Administrative enforcement</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num><content>Section 108(a) of the Truth in Lending Act (15 U.S.C. 1607 (a)) is amended by striking out paragraph (4) and by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>Section 108(a) of such Act (15 U.S.C. 1607(a)) is amended by adding at the end thereof a new paragraph as follows: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content>the Farm Credit Act of 1971, by the Farm Credit Administration <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s2001">12 USC 2001 note</ref>.</p></sidenote>with respect to any Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association.”</content></paragraph></quotedContent></content></subsection></section> <section><num value="404">§ 404. </num><heading>Liens arising by operation of State law</heading> <chapeau>Section 125 of the Truth in Lending Act (15 U.S.C. 1635) is amended—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>is</quotedText>” the first time it appears in the first sentence of subsection (a) and inserting in lieu thereof “<quotedText>, including any such interest arising by operation of law, is or will be</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by inserting after “<quotedText>obligor</quotedText>” the second time it appears in the first sentence of subsection (b) the following: “<quotedText>, including any such interest arising by operation of law,</quotedText>”.</content></paragraph></section> <section><num value="405">§ 405. </num><heading>Time limit for right of rescission</heading> <content>Section 125 of the Truth in Lending Act (15 U.S.C. 1635) is amended by adding at the end thereof a new subsection as follows: <quotedContent><subsection class="firstIndent1 fontsize10"><num value="f">“(f) </num><content>An obligors right of rescission shall expire three years after the date of consummation of the transaction or upon the sale of the property, whichever occurs earlier, notwithstanding the fact that the disclosures required under this section or any other material dis-<page identifier="/us/stat/88/1518">88 <inline class="smallCaps">Stat.</inline> 1518</page>closures required under this chapter have not been delivered to the obligor.”</content></subsection></quotedContent></content></section> <section><num value="406">§ 406. </num><heading>Good faith compliance</heading> <content>Section 130 of the Truth in Lending Act (15 U.S.C. 1640) is amended by adding at the end thereof a new subsection as follows: <quotedContent><subsection class="firstIndent1 fontsize10"><num value="f">“(f) </num><content>No provision of this section or section 112 imposing any liability shall apply to any act done, or omitted in good faith in conformity with any rule, regulation, or interpretation thereof by the Board, notwithstanding that after such act or omission has occurred, such rule, regulation, or interpretation is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.”</content></subsection></quotedContent></content></section> <section><num value="407">§ 407. </num><heading>Liability for multiple disclosures</heading> <content>Section 130 of the Truth in Lending Act (15 U.S.C. 1640) is amended by adding at the end thereof a new subsection as follows: <quotedContent><subsection class="firstIndent1 fontsize10"><num value="g">“(g) </num><content>The multiple failure to disclose to any person any information required under this chapter to be disclosed in connection with a single account under an open end consumer credit plan, other single consumer credit sale, consumer loan, or other extension of consumer credit, shall entitle the person to a single recovery under this section but continued failure to disclose after a recovery has been granted shall give rise to rights to additional recoveries.”</content></subsection></quotedContent></content></section> <section><num value="408">§ 408. </num><heading>Civil liability</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num><content>Section 130(a) of the Truth in Lending Act (15 U.S.C. 1640(a)) is amended to read as follows: <quotedContent><subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><chapeau>Except as otherwise provided in this section, any creditor who fails to comply with any requirement imposed under this chapter <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1512.</p></sidenote>or chapter 4 of this title with respect to any person is liable to such person in an amount equal to the sum of—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>any actual damage sustained by such person as a result of the failure;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2)</num><subparagraph class="inline"><num value="A">(A) </num><content>in the case of an individual action twice the amount of any finance charge in connection with the transaction, except that the liability under this subparagraph shall not be less than $100 nor greater than $1,000; or</content></subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>in the case of a class action, such amount as the court may allow, except that as to each member of the class no minimum recovery shall be applicable, and the total recovery in such action shall not be more than the lesser of $100,000 or 1 per centum of the net worth of the creditor; and</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney’s fee as determined by the court.</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">In determining the amount of award in any class action, the court shall consider, among other relevant factors, the, amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditor’s failure of compliance was intentional.”</continuation></subsection></quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>Section 130(b) of such Act (15 U.S.C. 1640(b)) is amended by inserting after “<quotedText>this section</quotedText>” the first place it appears the following: “<quotedText>for any failure to comply with any requirement imposed under this chapter,</quotedText>”.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num><content>Section 130(c) of such Act (15 U.S.C. 1640(c) 1 is amended by striking out “<quotedText>chapter</quotedText>” and inserting in lieu thereof “<quotedText>title</quotedText>”.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num><content>Section 130 of such Act (15 U.S.C. 1640) is amended by adding at the end thereof a new subsection as follows: <quotedContent><subsection class="firstIndent1 fontsize10"><num value="h">“(h) </num><content>A person may not take any action to offset any amount for which a creditor is potentially liable to such person under subsection <page identifier="/us/stat/88/1519">88 <inline class="smallCaps">Stat.</inline> 1519</page>(a)(2) against any amount owing to such creditor by such person, unless the amount of the creditor’s liability to such person has been determined by judgment of a court of competent jurisdiction in an action to which such person was a party.”</content></subsection></quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="e">(e) </num><content>The amendments made by sections 406, 407, and 408 shall apply <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1640">15 USC 1640 note</ref>.</p></sidenote>in determining the liability of any person under chapter 2 or 4 of the Truth in Lending Act, unless prior to the date of enactment of this Act such liability has been determined by final judgment of a court of competent jurisdiction and no further review of such judgment may be had by appeal or otherwise.</content></subsection></section> <section><num value="409">§ 409. </num><heading>Full statement of closing costs</heading> <content>Section 121 of the Truth in Lending Act (15 U.S.C. 1631) is amended by adding at the end thereof a new subsection as follows: <quotedContent><subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><chapeau>For the purpose of subsection (a), the information required under this chapter shall include a full statement of closing costs to be incurred by the consumer, which shall be presented, in accordance with the regulations of the Board—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>prior to the time when any downpayment is made, or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>in the case of a consumer credit transaction involving real property, at the time the creditor makes a commitment with respect to the transaction.</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">The Board may provide by regulation that any portion of the information required to be, disclosed by this section may be given in the form of estimates where the provider of such information is not in a position to know exact information.”</continuation></subsection></quotedContent></content></section> <section><num value="410">§ 410. </num><heading>Business use of credit cards</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num><content>Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631-1644) is amended by adding the following new section at the end thereof: <quotedContent><section><num value="135">“§ 135. </num><heading>Business credit cards</heading> <content>“The exemption provided by section 104(1) does not apply to the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1645">15 USC 1645</ref>.</p> <ref href="/us/usc/t15/s1642/1643/1644">15 USC 1642, 1643, 1644</ref>.<p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1645">15 USC 1645</ref>.</p> <ref href="/us/usc/t15/s1642/1643/1644">15 USC 1642, 1643, 1644</ref>.</sidenote>provisions of sections 132, 133, and 134. except that a card issuer and a business or other organization which provides credit cards issued by the same card issuer to ten or more of its employees may by contract agree as to liability of the business or other organization with respect to unauthorized use of such credit cards without regard to the provisions of section 133, but in no case may such business or other organization or card issuer impose liability upon any employee with respect to unauthorized use of such a credit card except in accordance with and subject to the limitations of section 133.”</content></section></quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>The table of sections of such chapter is amended by adding at the end thereof a new item as follows: <toc> <referenceItem><designator>“135. </designator><label>Business credit cards.”.</label></referenceItem> </toc></content></subsection></section> <section><num value="411">§ 411. </num><heading>Identification of transaction</heading> <content>Section 127(b)(2) of the Truth in Lending Act (15 U.S.C. 1637 (b)(2)) is amended to read as follows: <quotedContent><paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The amount and date of each extension of credit during the period and a brief identification on or accompanying the statement of each extension of credit in a form prescribed by regulations of the Board sufficient to enable the obligor to identify the transaction, or relate it to copies of sales vouchers or similar instruments previously furnished.”</content></paragraph></quotedContent></content></section> <section><num value="412">§ 412. </num><heading>Exemption for State lending agencies</heading> <content>Section 125(e) of the Truth in Lending Act (15 U.S.C. 1635(e)) is amended by striking the period at the end thereof and adding the following: “or to a consumer credit transaction in which an agency of a State is the creditor.”</content></section> <page identifier="/us/stat/88/1520">88 <inline class="smallCaps">Stat.</inline> 1520</page> <section><num value="413">§ 413. </num><heading>Liability of assignees</heading> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num><content>Chapter 1 of the Truth in Lending Act (15 U.S.C. 1601-1613) is amended by adding at the end thereof a new section as follows: <quotedContent><section><num value="115">“§ 115. </num><heading>Liability of assignees</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1614">15 USC 1614</ref>.</p></sidenote> <content>“Except as otherwise specifically provided in this title, any civil action for a violation of this title which may be brought against the original creditor in any credit transaction may be maintained against any subsequent assignee of the original creditor where the violation from which the alleged liability arose is apparent on the face of the instrument assigned unless the assignment is involuntary.”</content></section></quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>The analysis of such chapter is amended by adding at the end thereof a new item as follows: <toc> <referenceItem><designator>“115. </designator><label>Liability of assignees.”.</label></referenceItem> </toc></content></subsection></section> <section><num value="414">§ 414. </num><heading>Credit card fraud</heading> <content>Section 134 of the Truth in Lending Act (15 U.S.C. 1644) is amended to read as follows: <quotedContent><section><num value="134">§ 134. </num><heading>Fraudulent use of credit card</heading> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><content>Whoever knowingly in a transaction affecting interstate or foreign commerce, uses or attempts or conspires to use any counterfeit. fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card to obtain money, goods, services, or anything else of value which within any one-year period has a value aggregating $1,000 or more; or</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>Whoever, with unlawful or fraudulent intent, transports or attempts or conspires to transport in interstate or foreign commerce a counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card knowing the same to be counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained; or</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><content>Whoever, with unlawful or fraudulent intent, uses any instrumentality of interstate or foreign commerce to sell or transport a counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card knowing the same to be counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained; or</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><content>Whoever knowingly receives, conceals, uses, or transport money, goods, services, or anything else of value (except tickets for interstate or foreign transportation) which (1) within any one-year period has a value aggregating $1,000 or more, (2) has moved in or is part of, or which constitutes interstate or foreign commerce, and (3) las been obtained with a counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card; or</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num><content>Whoever knowingly receives, conceals, uses, sells, or transports in interstate or foreign commerce one or more tickets for interstate or foreign transportation, which (1) within any one-year period have a value aggregating $500 or more, and (2) have been purchased or obtained with one or more counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit cards; or</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="f">“(f) </num><content>Whoever in a transaction affecting interstate or foreign commerce furnishes money, property, services, or anything else of value, which within any one-year period has a value aggregating $1,000 or more, through the use of any counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card knowing the same to be counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained—</content></subsection></section></quotedContent> <sidenote><p class="firstIndent1 fontsize8">Penalty.</p></sidenote> <p class="indent0 firstIndent0 fontsize10">shall be fined not more than $10,000 or imprisoned not more than ten yea is, or both.”</p></content></section> <page identifier="/us/stat/88/1521">88 <inline class="smallCaps">Stat.</inline> 1521</page> <section><num value="415">§ 415. </num><heading>Grace period for consumers</heading> <chapeau>Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by amending subsection (a)(1) to read as follows: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>The conditions under which a finance charge may be imposed, including the time period (if any) within which any credit extended may be repaid without incurring a finance charge, except that the creditor may, at his election and without disclosure, impose no such finance charge if payment is received after the termination of such time period.”; and</content> </paragraph></quotedContent></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by amending subsection (b)(10) to read as follows: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="10">“(10) </num> <content>The date by which or the period (if any) within which, payment must be made to avoid additional finance charges, except that the creditor may, at his election and without disclosure, impose no such additional finance charge if payment is received after such date or the termination of such period.”</content></paragraph></quotedContent></content> </paragraph></section> <section><num value="416">§ 416. </num><heading>Effective date</heading> <content>This title takes effect upon the date of its enactment, except that <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1665a">15 USC 1665a note</ref>.</p></sidenote>sections 409 and 411 take effect upon the expiration of one year after the date of its enactment.</content></section> <num value="V">TITLE V—</num><heading>EQUAL CREDIT OPPORTUNITY</heading> <section><num value="501">§ 501. </num><heading>Short title</heading> <content>This title may be cited as the “<shortTitle role="title">Equal Credit Opportunity Act</shortTitle>”.</content></section> <sidenote><p class="firstIndent1 fontsize8">Equal Credit Opportunity Act.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1691">15 USC 1691 note</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1691">15 USC 1691 note</ref>.</p></sidenote> <section><num value="502">§ 502. </num><heading>Findings and purpose</heading> <content>The Congress finds that there is a need to insure that the various financial institutions and other firms engaged in the extensions of credit exercise their responsibility to make credit available with fairness, impartiality, and without discrimination on the basis of sex or marital status. Economic stabilization would be enhanced and competition among the various financial institutions and other firms engaged in the extension of credit would be strengthened by an absence of discrimination on the basis of sex or marital status, as well as by the informed use of credit which Congress has heretofore sought to promote. It is the purpose of this Act to require that financial institutions and other firms engaged in the extension of credit make that credit equally available to all creditworthy customers without regard to sex or marital status.</content></section> <section><num value="503">§ 503. </num><heading>Amendment to the Consumer Credit Protection Act</heading> <content>The Consumer Credit Protection Act (Public Law 90–321), is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1601">15 USC 1601 note</ref>.</p></sidenote>amended by adding at the end thereof a new title VII: <quotedContent> <title> <num value="VII">“TITLE VII—</num><heading class="inline">EQUAL CREDIT OPPORTUNITY</heading> <toc> <headingItem> <designator>“Sec.</designator> <label/> </headingItem> <referenceItem><designator>“701. </designator><label>Prohibited discrimination.</label></referenceItem> <referenceItem><designator>“702. </designator><label>Definitions.</label></referenceItem> <referenceItem><designator>“703. </designator><label>Regulations.</label></referenceItem> <referenceItem><designator>“704. </designator><label>Administrative enforcement.</label></referenceItem> <referenceItem><designator>“705. </designator><label>Relation to State laws.</label></referenceItem> <referenceItem><designator>“706. </designator><label>Civil liability.</label></referenceItem> <referenceItem><designator>“707. </designator><label>Effective date.</label></referenceItem> </toc> <section><num value="701">“§ 701. </num><heading>Prohibited discrimination</heading> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><content>It shall be unlawful for any creditor to discriminate against <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1691">15 USC 1691</ref>.</p></sidenote>any applicant on the basis of sex or marital status with respect to any aspect of a credit transaction.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>An inquiry of marital status shall not constitute discrimination for purposes of this title if such inquiry is for the purpose of ascer-<page identifier="/us/stat/88/1522">88 <inline class="smallCaps">Stat.</inline> 1522</page>taining the creditor’s rights and remedies applicable to the particular extension of credit, and not to discriminate in a determination of creditworthiness.</content></subsection></section> <section><num value="702">“§ 702. </num><heading>Definitions</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1691a">15 USC 1691a</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><content>The definitions and rules of construction set forth in this section are applicable for the purposes of this title.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>The term ‘applicant’ means any person who applies to a creditor directly for an extension, renewal, or continuation of credit, or applies to a creditor indirectly by use of an existing credit plan for an amount exceeding a previously established credit limit.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><content>The term 'Board’ refers to the Board of Governors of the Federal Reserve System.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><content>The term ‘credit’ means the right granted by a creditor to a debtor to defer payment of debt or to incur debts and defer its payment or to purchase property or services and defer payment therefor.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num><content>The term ‘creditor’ means any person who regularly extends, renews, or continues credit; any person who regularly arranges for the extension, renewal, or continuation of credit; or any assignee of an original creditor who participates in the decision to extend, renew, or continue credit.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="f">“(f) </num><content>The term ‘person’ means a natural person, a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="g">“(g) </num><content>Any reference to any requirement imposed under this title or any provision thereof includes reference to the regulations of the Board under this title or the provision thereof in question.</content></subsection></section> <section><num value="703">“§ 703. </num><heading>Regulations</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1691b">15 USC 1691b</ref>.</p></sidenote> <content>“The Board shall prescribe regulations to carry out the purposes of this title. These regulations may contain but are not limited to such classifications, differentiation, or other provision, and may provide for such adjustments and exceptions for any class of transactions, as in the judgment of the Board are necessary or proper to effectuate the purposes of this title, to prevent circumvention or evasion thereof, or to facilitate or substantiate compliance therewith. Such regulations shall be prescribed as soon as possible after the date of enactment of this Act, but in no event later than the effective date of this Act.</content></section> <section><num value="704">“§ 704. </num><heading>Administrative enforcement</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1691c">15 USC 1691c</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><chapeau>Compliance with the requirements imposed under this title shall be enforced under:</chapeau> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1818">12 USC 1818</ref>.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <chapeau>Section 8 of the Federal Deposit Insurance Act, in the case of—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>national banks, by the Comptroller of the Currency,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>member banks of the Federal Reserve System (other than national banks), by the Board,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System), by the Board of Directors of the Federal Deposit Insurance Corporation.</content> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1464">12 USC 1464</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1730">12 USC 1730</ref>.</p> <ref href="/us/usc/t12/s1426/1437">12 USC 1426, 1437</ref>.<p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1464">12 USC 1464</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1730">12 USC 1730</ref>.</p> <ref href="/us/usc/t12/s1426/1437">12 USC 1426, 1437</ref>.</sidenote> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Section 5(d) of the Home Owners’ Loan Act of 1933, section 407 of the National Housing Act, and sections 6(i) and 17 of the Federal Home Loan Bank Act, by the Federal Home Loan Bank Board (acting directly or through the Federal Savings and Loan Insurance Corporation), in the case of any institution subject to any of those provisions.</content> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1751">12 USC 1751</ref>.</p></sidenote> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>The Federal Credit Union Act, by the Administrator of the National Credit Union Administration with respect to any Federal Credit Union.</content> <page identifier="/us/stat/88/1523">88 <inline class="smallCaps">Stat.</inline> 1523</page> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>The Acts to regulate commerce, by the Interstate Commerce Commission with respect to any common carrier subject to those Acts.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>The Federal Aviation Act of 1958, by the Civil Aeronautics <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1301">49 USC 1301 note</ref>.</p></sidenote>Board with respect to any air carrier or foreign air carrier subject to that Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content>The Packers and Stockyards Act, 1921 (except as provided <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s181">7 USC 181 note</ref>.</p> <ref href="/us/usc/t7/s226/227">7 USC 226, 227</ref>.<p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s181">7 USC 181 note</ref>.</p> <ref href="/us/usc/t7/s226/227">7 USC 226, 227</ref>.</sidenote>in section 406 of that Act), by the Secretary of Agriculture with respect to any activities subject to that Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">“(7) </num> <content>The Farm Credit Act of 1971, by the Farm Credit Administration <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s2001">12 USC 2001 note</ref>.</p></sidenote>with respect to any Federal land bank. Federal land bank association, Federal intermediate credit bank, and production credit association;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">“(8) </num> <content>The Securities Exchange Act of 1934, by the Securities <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s78a">15 USC 78a</ref>.</p></sidenote>and Exchange Commission with respect to brokers and dealers; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">“(9) </num> <content>The Small Business Investment Act of 1958, by the Small <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s661">15 USC 661 note</ref>.</p></sidenote>Business Administration, with respect to small business investment companies.</content></paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>For the purpose of the exercise by any agency referred to in subsection (a) of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this title shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (a), each of the agencies referred to in that subsection may exercise for the purpose of enforcing compliance with any requirement imposed under this title, any other authority conferred on it by law. The exercise of the authorities of any of the agencies referred to in subsection (a) for the purpose of enforcing compliance with any requirement imposed under this title shall in no way preclude the exercise of such authorities for the purpose of enforcing compliance with any other provision of law not relating to the prohibition of discrimination on the basis of sex or marital status with respect to any aspect of a credit transaction.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><content>Except to the extent that enforcement of the requirements imposed under this title is specifically committed to some other Government agency under subsection (a), the Federal Trade Commission shall enforce such requirements. For the purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act, a violation of any requirement imposed under this title shall be deemed a violation of a requirement imposed under that Act. All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person with the requirements imposed under this title, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act.</content></subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s58">15 USC 58</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><content>The authority of the Board to issue regulations under this title does not impair the authority of any other agency designated in this section to make rules respecting its own procedures in enforcing compliance with requirements imposed under this title.</content></subsection></section> <section><num value="705">“§ 705. </num><heading>Relation to State laws</heading> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><content>A request for the signature of both parties to a marriage for <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1691d">15 USC 1691d</ref>.</p></sidenote>the purpose of creating a valid lien, passing clear title, waiving inchoate rights to property, or assigning earnings, shall not constitute discrimination under this title: <proviso><i>Provided, however,</i> That this provision shall not be construed to permit a creditor to take sex or marital <page identifier="/us/stat/88/1524">88 <inline class="smallCaps">Stat.</inline> 1524</page>status into account in connection with the evaluation of creditworthiness of any applicant.</proviso></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>Consideration or application of State property laws directly or indirectly affecting creditworthiness shall not constitute discrimination for purposes of this title.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><content>Any provision of State law which prohibits the separate extension of consumer credit to each party to a marriage shall not apply in any case where each party to a marriage voluntarily applies for separate credit from the same creditor: <proviso><i>Provided,</i> That in any case where such a State law is so preempted, each party to the marriage shall be solely responsible for the debt so contracted</proviso>.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><content>When each party to a marriage separately and voluntarily applies for and obtains separate credit accounts with the same creditor, those accounts shall not be aggregated or otherwise combined for purposes of determining permissible finance charges or permissible loan ceilings under the laws of any State or of the United States.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num><content>Except as otherwise provided in this title, the applicant shall have the option of pursuing remedies under the provisions of this title in lieu of, but not in addition to, the remedies provided by the laws of any State or governmental subdivision relating to the prohibition of discrimination on the basis of sex or marital status with respect to any aspect of a credit transaction.</content></subsection></section> <section><num value="706">“§ 706. </num><heading>Civil liability</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1691e">15 USC 1691e</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><content>Any creditor who fails to comply with any requirement imposed under this title shall be liable to the aggrieved applicant in an amount equal to the sum of any actual damages sustained by such applicant acting either in an individual capacity or as a representative of a class.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>Any creditor who fails to comply with any requirement imposed under this title shall be liable to the aggrieved applicant for punitive damages in an amount not greater than $10,000, as determined by the court, in addition to any actual damages provided in section 706(a): <proviso><i>Provided, however,</i> That in pursuing the recovery allowed under this subsection, the applicant may proceed only in an individual capacity and not as a representative of a class.</proviso></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><content>Section 706(b) notwithstanding, any creditor who fails to comply with any requirement imposed under this title may be liable for punitive damages in the case of a class action in such amount as the court may allow, except that as to each member of the class no minimum recovery shall be applicable, and the total recovery in such action shall not exceed the lesser of $100,000 or 1 percent of the net worth of the creditor. In determining the amount of award in any class action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditor’s failure of compliance was intentional.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><content>When a creditor fails to comply with any requirement imposed under this title, an aggrieved applicant may institute a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other action.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num><content>In the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court shall be added to any damages awarded by the court under the provisions of subsections (a), (b), and (c) of this section.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="f">“(f) </num><content>No provision of this title imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule, <page identifier="/us/stat/88/1525">88 <inline class="smallCaps">Stat.</inline> 1525</page>regulation, or interpretation thereof by the Board, notwithstanding that after such act or omission has occurred, such rule, regulation, or interpretation is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="g">“(g) </num><content>Without regard to the amount in controversy, any action under this title may be brought in any United States district court, or in any other court of competent jurisdiction, within one year from the date of the occurrence of the violation.</content></subsection></section> <section><num value="707">“§ 707. </num><heading>Effective date</heading> <content>“This title takes effect upon the expiration of one year after the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1691">15 USC 1691 note</ref>.</p></sidenote>date of its enactment.”.</content></section> <num value="VI">TITLE VI—</num><heading class="inline">DISPOSITION OF ABANDONED MONEY ORDERS AND TRAVELER’S CHECKS</heading> <section><heading class="smallCaps centered">findings</heading> <num value="601"><inline class="smallCaps">Sec.</inline> 601. </num><chapeau>The Congress finds and declares that—</chapeau> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s2501">12 USC 2501</ref>.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>the books and records of banking and financial organizations and business associations engaged in issuing and selling money orders and traveler’s checks do not, as a matter of business practice, show the last known addresses of purchasers of such instruments;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>a substantial majority of such purchasers reside in the States where such instruments are purchased;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>the States wherein the purchasers of money orders and traveler’s checks reside should, as a matter of equity among the several States, be entitled to the proceeds of such instruments in the event of abandonment;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>it is a burden on interstate commerce that the proceeds of such instruments are not being distributed to the States entitled thereto; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content>the cost of maintaining and retrieving addresses of purchasers of money orders and traveler’s checks is an additional burden on interstate commerce since it has been determined that most purchasers reside in the State of purchase of such instruments.</content></paragraph></section> <section><heading class="smallCaps centered">definitions</heading> <num value="602"><inline class="smallCaps">Sec.</inline> 602. </num><chapeau>As used in this title—</chapeau> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s2502">12 USC 2502</ref>.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>“banking organization” means any bank, trust company, savings bank, safe deposit company, or a private banker engaged in business in the United States;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>“business association” means any corporation (other than a public corporation), joint stock company, business trust, partnership, or any association for business purposes of two or more individuals; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>“financial organization” means any savings and loan association. building and loan association, credit union, or investment company engaged in business in the United States.</content></paragraph></section> <section><heading class="smallCaps centered">state Entitled to escheat or take custody</heading> <num value="603">Sec. 603. </num><chapeau>Where any sum is payable on a money order, traveler’s <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s2503">12 USC 2503</ref>.</p></sidenote>check, or other similar written instrument (other than a third party bank check) on which a banking or financial organization or a business association is directly liable—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>if the books and records of such banking or financial organization or business association show the State in which such <page identifier="/us/stat/88/1526">88 <inline class="smallCaps">Stat.</inline> 1526</page>money order, traveler’s check, or similar written instrument was purchased, that State shall be entitled exclusively to escheat or take custody of the sum payable on such instrument, to the extent of that State’s power under its own laws to escheat or take custody of such sum;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>if the books and records of such banking or financial organization or business association do not show the State in which such money order, traveler’s check, or similar written instrument was purchased, the State in which the banking or financial organization or business association has its principal place of business shall be entitled to escheat or take custody of the sum payable on such money order, traveler’s check, or similar written instrument, to the extent of that State’s power under its own laws to escheat or take custody of such sum, until another State shall demonstrate by written evidence that it is the State of purchase; or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>if the books and records of such banking or financial organizations or business association show the State in which such money order, traveler’s check, or similar written instrument was purchased and the laws of the State of purchase do not provide for the escheat or custodial taking of the sum payable on such instrument, the State in which the banking or financial organization or business association has its principal place of business shall be entitled to escheat or take custody of the sum payable on such money order, traveler’s check, or similar written instrument, to the extent of that State’s power under its own laws to escheat or take custody of such sum, subject to the right of the State of purchase to recover such sum from the State of principal place of business if and when the law of the State of purchase makes provision for escheat or custodial taking of such sum.</content></paragraph></section> <section><heading class="smallCaps centered">applicability</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s2501">12 USC 2501 note</ref>.</p></sidenote> <num value="604"><inline class="smallCaps">Sec.</inline> 604. </num><content>This title shall be applicable to sums payable on money orders, traveler’s checks, and similar written instruments deemed abandoned on or after February 1, 1965, except to the extent that such sums have been paid over to a State prior to January 1, 1974.</content></section> Approved October 28, 1974.
Public Law 93–496: To amend the Rail Passenger Service Act of 1970 to provide financial assistance to the National Railroad Passenger Corporation, and for other purposes. Public Law 496 Public Law 93–496 88 Stat. 1526 1974-10-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–496 93rd Congress
AN ACT To amend the Rail Passenger Service Act of 1970 to provide financial assistance to the National Railroad Passenger Corporation, and for other purposes.

October 28, 1974

[H. R. 15427]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may be

Amtrak Improvement Act of 1974.

45 USC 501 note.

cited as the “Amtrak Improvement Act of 1974”.

National Railroad Passenger Corporation, stock ownership.
Sec. 2. Section 304(b) of the Rail Passenger Service Act of 1970 (45 U.S.C. 544(b)) is amended by striking out “owned” and inserting in lieu thereof “voted”, and by adding at the end thereof the follow-88 Stat. 1527ing new sentence: “If any railroad or any person controlling one or more railroads, as defined in section 1(3) (b) of the Interstate Commerce Act (49 U.S.C. 1(3) (b)), owns, directly or indirectly through subsidiaries or affiliated companies, nominees, or any person subject to its direction or control, a number of shares in excess of 33⅓ per centum of the total number of common shares issued and outstanding, such excess number shall, for voting and quorum purposes, be deemed to be not issued and outstanding.”.
Sec. 3. Section 305 of such Act (45 U.S.C. 545) is amended by adding at the end thereof the following new subsections: “(f) The Corporation shall, to the maximum extent practicable,

Passenger equipment maintenance and repair.

directly perform all maintenance, rehabilitation, repair, and refurbishment of rail passenger equipment. Until the Corporation obtains, by purchase, lease, construction, or any other method of acquisition, Corporation-owned or controlled facilities which are adequate for the proper maintenance, repair, rehabilitation, and refurbishment of the rolling stock and other equipment and facilities of the Corporation, the railroads performing such services shall do so as expeditiously as possible. “(g) The Corporation shall advise, consult and cooperate with,

Northeast Corridor project, completion.

and, upon request, is authorized to assist in any other manner the Secretary, the United States Railway Association, the Corps of Engineers, and the Consolidated Rail Corporation in order to facilitate completion and implementation of the Northeast Corridor project, as defined in section 206(a) (3) of the Regional Rail Reorganization Act of 1973, by the earliest practicable date. The Secretary shall assign

45 USC 716.

the highest priority to the completion of such project.”.
Sec. 4. Section 305 of such Act is amended by adding at the end

Customs inspection, procedures.

thereof the following new subsection: “(f) The Secretary of the Treasury shall establish and maintain, in cooperation with the Corporation, customs inspection procedures aboard trains operated in international intercity rail passenger service under paragraph (7) of subsection (e) of this section, which procedures will be convenient for passengers and will result in the most rapid possible transit between embarkation and debarkation points on such service.”.
Sec. 5. (a) Section 403 of such Act (45 U.S.C. 563) is amended

Rail service beyond basic system.

by striking out subsections (b) and (c) and inserting in lieu thereof the following new subsection: “(b) Any State, regional, or local agency may request of the Corporation rail passenger service beyond that included within the basic system. The Corporation shall institute such service if the State, regional, or local agency agrees to reimburse the Corporation for 66⅔ per centum of the solely related costs and associated capital costs of such service, including interest on passenger equipment, less revenues attributable to such service.”. (b) Such section 403 is amended by redesignating subsection (d)

Experimental routes.

45 USC 563.

as subsection (c) and by adding at the end of such subsection the following new sentence: “In carrying out the provisions of this subsection, the Secretary shall give priority to experimental routes designed to extend intercity rail passenger service to the major population area of each of the contiguous 48 States which does not have such service to any large population area designated as part of the basic system.”.
88 Stat. 1528

45 USC 545.
Sec. 6. Section 305(d)(1) of such Act (45 U.S.C. 305(d)(1)) is amended to read as follows: “(d)(1) The Corporation is authorized, to the extent financial resources are available—

Intermodal transportation terminal, design and construction.

 “(A) to acquire any property which the Secretary, acting in furtherance of his responsibility to design and construct an intermodal transportation terminal at Union Station in the District of Columbia, requests, upon assurance of full reimbursement by the Secretary; and

Intercity rail passenger service, land acquisition.

 “(B) to acquire, any right-of-way, land, or other property (except right-of-way, land, or other property of a railroad or property of a State or political subdivision thereof or of any other governmental agency), which is required for the construction of tracks or other facilities necessary to provide intercity rail passenger service; by the exercise of the right of eminent domain, in accordance with the provisions of this subsection, in the district court of the United States for the judicial district in which such property is located or in any such court if a single piece of property is located in more than one judicial district: Provided, That such right may only be exercised when the Corporation cannot acquire such property by contract or is unable to agree with the owner as to the amount of compensation to be paid.”.

Financial, technical, and advisory assistance.

49 USC 1653.

 “(i)(1) The Secretary shall provide financial, technical, and advisory assistance in accordance with this subsection for the, purpose of (A) promoting on a feasibility demonstration basis the conversion of not less than three railroad passenger terminals into intermodal transportation terminals; (B) preserving railroad passenger terminals that have a reasonable likelihood of being converted or otherwise maintained pending the formulation of plans for reuse; and (C) stimulating State and local governments, local and regional transportation authorities, common carriers, philanthropic organizations, and other responsible persons to develop plans for the conversion of railroad passenger terminals into intermodal transportation terminals and civic and cultural activity centers.

Criteria.

 “(2) Financial assistance for the purpose set forth in paragraph (1) (A) of this subsection shall be grunted in accordance with the following criteria: (A) the railroad terminal can be converted to accommodate such other modes of transportation as the Secretary deems appropriate, including motorbus transportation, mass transit (rail or rubber tire), and airline ticket offices and passenger terminal providing direct transportation to area airports; (B) the railroad passenger terminal is listed on the National Register of Historic Places maintained by the Secretary of the Interior; (C) the architectural integrity of the railroad passenger terminal will lie preserved and such judgment is concurred in by consultants recommended by the Chairman of the National Endowment of the Arts and the Advisory Council on Historic Preservation and retained for this purpose by the Secretary; (D) to the extent practicable, the use of station facilities for transportation purposes may be combined with use for other civic and cultural activities, especially when such use is recommended by the Advisory Council 88 Stat. 1529on Historic Preservation or the Chairman of the National Endowment for the Arts, or the consultants retained by the Secretary upon their recommendation; and (E) the railroad passenger terminal and the conversion project meet such other criteria as the Secretary shall develop and promulgate in consultation with the Chairman of the National Endowment of the Arts and the Advisory Council on Historic Preservation. The Secretary shall make grants not later than July 1, 1976.

Grants, Federal share.

The amount of the Federal share of any grant under this paragraph shall not exceed 60 per centum of the total cost of conversion of a railroad passenger terminal into an intermodal transportation terminal. “(3) Financial assistance for the purpose set forth in paragraph (1) (B) of this subsection may be granted in accordance with regulations, to any responsible person (including a governmental entity) who is empowered by applicable law, qualified, prepared, and committed, on an interim basis pending the formulation of plans for reuse, to maintain (and prevent the demolition, dismantling, or further deterioration of) a railroad passenger terminal: Provided, That (A) such terminal has, in the opinion of the Secretary, a reasonable likelihood of being converted to or conditioned for reuse as an intermodal transportation terminal, a civic or cultural activities center, or both; and (B) planning activity aimed at conversion or reuse has commenced and is proceeding in a competent manner. Funds appropriated for the purpose of this paragraph and paragraph (1) (B) of this subsection snail be expended in the manner most likely to maximize the preservation of railroad passenger terminals capable reasonably of conversion to intermodal transportation terminals or which are listed in the National Register of Historic Places maintained by the Secretary of the Interior or which are recommended (on the basis of architectural integrity and quality) by the Chairman of the National Endowment for the Arts or the Advisory Council on Historic Preservation. The amount of the Federal share of any grant under this paragraph shall not exceed 60 per centum of the total cost of such interim maintenance for a period not to exceed five years. “(4) Financial assistance for the purpose set forth in paragraph (1) (C) of this subsection may be granted, in accordance with regulations, to a qualified person (including a governmental entity) who is prepared to develop practicable plans meeting the zoning, land use, and other requirements of the applicable State and local jurisdictions in which the rail passenger terminal is located as well as requirements under this subsection; who shall incorporate into the designs and plans proposed for the conversion of such terminal into an intermodal transportation terminal, a civic or cultural center, or both, features which reasonably appear likely to attract private investors willing to undertake the implementation of such planned conversion and its subsequent maintenance and operation; and who shall complete the designs and plans for such conversion within two years following the approval of the application for Federal financial assistance under this subsection. In making grants under this paragraph, the Secretary shall give preferential consideration to applicants whose completed designs and plans will be implemented and effectuated within three years after the date of completion. Funds appropriated for the purpose of this paragraph and paragraph (1)(C) of this subsection snail be expended in the manner most likely to maximize the conversion and continued public use of railroad passenger terminals which are listed in the National Register of Historic Places maintained by the Secretary of the Interior or which are recommended (on the basis of architectural integrity and quality) by the Advisory Council on Historic Preservation or the Chairman of the National Endowment for 88 Stat. 1530the Arts. The amount of the Federal share of any grant under this paragraph shall not exceed 60 per centum of the total cost of the project or undertaking for which the financial assistance is provided.

Regulations.

 “(5) Within ninety days after the date of enactment of this subsection, the Secretary shall issue, and may from time to time amend, regulations with respect to financial assistance under this subsection and procedures for the award of such assistance. Each application for assistance under this subsection shall be made in writing in such form and with such content and other submissions as the Secretary shall require. “(6) The National Railroad Passenger Corporation shall give preference to using station facilities that would preserve buildings of historical and architectural significance.

Recordkeeping.

 “(7) Each recipient of financial assistance under this subsection shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance was given or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records

Audit.

as will facilitate an effective audit. Until the expiration of three years after completion of such project or undertaking, the Secretary and the Comptroller General of the United States, or any of their duly

Records, accessibility.

authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of such receipts which, in the opinion of the Secretary or the Comptroller General, may be related or pertinent to such financial assistance.

Appropriation.

 “(8) There is authorized to be appropriated to the Secretary for the purpose set forth in paragraph (1)(A) of this subsection sums not to exceed $15,000,000; (B) for the purpose set forth in paragraph (1)(B) of this subsection sums not to exceed $5,000,000; and, (C) for the purpose set forth in paragraph (1)(C) of this subsection sums not to exceed $5,000,000. Such sums as are appropriated shall remain available until expended.

“Civic and cultural activities.”

 “(9) As used in this subsection, ‘civic and cultural activities’ include, but are not limited to, libraries, musical and dramatic presentations, art exhibitions, adult education programs, public meeting place for community groups, convention visitors and others, and facilities for carrying on activities supported in whole or in part under Federal law. “(10) Nothing in this subsection shall be construed to invalidate the eligibility of any station for funds designed to assist in its preservation or reuse under any other Federal program or statute.”.

Discontinuance of service.
Sec. 7. Section 404(b) of such Act (45 U.S.C. 564(b)). relating to discontinuance of service by the Corporation, is amended— (1) by striking out “July 1, 1974” in paragraph (1) and paragraph (3) and inserting in lieu thereof in each such paragraph “July 1, 1975”; and (2) by striking out “the expiration of the one-year period beginning on the date of enactment of this sentence” in the second sentence of paragraph (2) and inserting in lieu thereof “July 1, 1975”.

Appropriation.
Sec. 8. (a) Section 601(a) of such Act (45 U.S.C. 601(a)), relating to authorization for appropriations, is amended (1) by striking out “$334,300,000” and inserting in lieu thereof “$534,300,000”; and (2) by adding at the end thereof the following new sentence: “Payments by the Secretary to the Corporation of appropriated funds shall 88 Stat. 1531be made no more frequently than every 90 days, unless the Corporation, for good cause, requests more frequent payment before the expiration of any 90-day period.”.
Sec. 9. (a) Section 602(d) of such Act (45 U.S.C. 602(d)), relating

Guaranty of loans.

to the maximum amount of guaranteed loans which may be outstanding at any time, is amended by striking out “$500,000,000” and inserting in lieu thereof “$900,000,000”. (b) Section 602 of such Act (45 U.S.C. 602) is amended by adding at the end thereof the following new subsections: “(h) The Secretary shall, within 180 days after the date of enactment

Guidelines.

of this subsection, issue general guidelines designed to assist the Corporation in the formulation of capital and budgetary plans. “(i) Any request made by the Corporation for the guarantee of a

Approval.

loan pursuant to this section, which has been approved by the Board of Directors of the Corporation, shall be approved by the Secretary if, in the discretion of the Secretary, such request falls within the approved capital and budgetary guidelines issued under subsection (h).”.
Sec. 10. Section 801(b) of such Act (45 U.S.C. 641(b)) is amended

Enforcement procedures.

to read as follows: “(b) A civil action may be brought by the Commission to enforce any provision of subsection (a) of this section. The Department of Justice shall represent the Commission in all court proceedings pursuant to this subsection, except that in any case in which the Commission seeks to challenge action or inaction on the part of any party which the Department of Justice is representing, the Commission may be represented by its own attorneys. Unless the Attorney General notifies the Commission within 45 days of a request for representation that he will represent the Commission, such representation may be made by attorneys designated by the Commission. Any action to enforce the provisions of subsection (a) may be maintained in the district court of the United States for any district in which a defendant is found, resides, transacts business, or maintains an agent for service of process. All process in any such suit may be served in any judicial district in which the person to be served is an inhabitant or in which he may lie found.”.
Sec. 11. Section 805(2) (A) of such Act (45 U.S.C. 644 (2) (A)) is

Annual audit.

amended— (1) by striking out the first two sentences and inserting in lieu thereof the following: “The Comptroller General of the United States shall conduct annually a performance audit of the activities and transactions of the Corporation in accordance with generally accepted management principles, and under such rules and regulations as may be prescribed by the Comptroller General. Any such audit shall be conducted at such place or places as the Comptroller General may deem appropriate.”; and (2) by striking out “financial transactions” in the third sentence and inserting in lieu thereof “financial and other transactions”.
Sec. 12. The Rail Passenger Service Act of 1970 is amended by

26 USC 250.

45 USC 501 note.

striking out “Rail Passenger Service Act of 1970” each place it appears and inserting in lieu thereof at each such place “Rail Passenger Service Act”.
Sec. 13. The High Speed Ground Transportation Act (49 U.S.C.

High-speed ground transportation system, study.

49 USC 1643.

1631 et seq.) is amended by adding at the end thereof the following new section:
“Sec. 13. (a) The Secretary shall make an investigation and study, for the purpose of determining the social advisability, technical feasi-88 Stat. 1532bility, and economic practicability, of a high-speed ground transportation system between the cities of Tijuana in the State of Baja California, Mexico, and Vancouver in the Province of British Columbia, Canada, by way of the cities of Seattle in the State of Washington, Portland in the State of Oregon, and Sacramento, San Francisco, Fresno, Los Angeles, and San Diego in the State of California. In carrying out such investigation and study the Secretary shall consider— “(1) the various means of providing such transportation, including both existing modes and those under development, such as the tracked levitation vehicle; “(2) the cost of establishing and operating such a system, including any acquisition of necessary rights-of-way; “(3) the environmental impact of such a system, including the future environmental impact from air and other transportation modes if such a system is not established; “(4) the factors which would determine the future adequacy and commercial success of any such system, including the speed at which it would operate, the quality of service which could be offered, its cost to potential users, its convenience to potential users, and its ability to expand to meet projected increases in demand; “(5) the efficiency of energy utilization and impact on energy resources of such a system, including the future impact of existing transportation systems on energy resources if such a system is not established; “(6) the ability of such a system to be integrated with other local and intrastate transportation systems, both existing and planned, in order to create balanced and comprehensive transit systems; “(7) coordination with other studies undertaken on the State and local level; “(8) the impact of the design and location of transportation lines in creating desirable patterns of population distribution and growth; and “(9) such other matters as he deems appropriate. “(b) In carrying out any investigation and study pursuant to this section, the Secretary shall consult with, and give consideration to the views of, the Civil Aeronautics Board, the Interstate Commerce Commission, the National Railroad Passenger Corporation, the Corps of Engineers, and regional, State, and local transportation planning

Contract authority.

agencies. The Secretary may, for the purpose of carrying out such investigation and study, enter into contracts and other agreements with public or private agencies, institutions, organizations, corporations or individuals, without regard to sections 3648 and 3709 of the Revised Statutes of the United States (31 U.S.C. 529; 41 U.S.C. 5).

Reports to President and Congress.

 “(c) The Secretary shall report the results of the study and investigation made pursuant to this section, together with his recommendations, to the Congress and the President no later than January 30, 1977. The Secretary shall submit an interim report to the Congress on January 30, 1976.

Appropriation.

 “(d) There are authorized to be appropriated not to exceed $8,000,000 to carry out the provisions of this section.”.
Sec. 14. Section 202(b) (2) of the Interstate Commerce Act (49 U.S.C. 302(b) (2)), is amended by striking the period at the end of the second sentence thereof and by inserting in lieu thereof the following : “: Provided, That (1) any amendments of such standards, which 88 Stat. 1533are determined by the national organization of the State commissions and promulgated by the Commission prior to the initial effective date of such standards shall become effective on such initial effective date; and (2) after such standards become effective initially, any amendments of such standards, which are subsequently determined by the national organization of the State commissions, shall become effective at the time of promulgation or at such other time, subsequent to promulgation by the Commission, as may be determined by such organization.”.
Sec. 15. Section 4 of the Department of Transportation Act (49 U.S.C. 1653) is amended by inserting the following two new subsections at the end thereof: “(h)(1) The Secretary is authorized, in consultation with the

Model intermodal transportation terminal in D.C.

Secretary of the Interior, to design, plan, and coordinate the construction of a model intermodal transportation terminal at Union Station in the District of Columbia. Such terminal may combine the new railroad passenger station described in paragraph (4) of section 102(a) of Public Law 90–264, as amended, and accommodations for

40 USC 802.

such other modes of transportation as the Secretary deems appropriate. To the extent practicable, the Secretary shall incorporate into the design and plans for such intermodal transportation terminal features which will make such facility a model facility and which will attract private investors willing to undertake the development and construction of the terminal. “(2) Notwithstanding any provision of Public Law 90–264, as

Lease or transfer of space.

amended, in order to facilitate construction of such model intermodal transportation terminal, the Secretary of the Interior shall lease or transfer such space (including air space), which is not required for purposes of the National Visitor Center, as the Secretary of the Interior holds or may acquire north of the Union Station Building to such party or parties and upon such terms and conditions as the Secretary deems appropriate, notwithstanding section 321 of the Act of June 30, 1932 (40 U.S.C. 303(b)). The Secretary and the Secretary of the Interior may, to the extent required to complete a visitor center, agree to joint use of the concourse. “(3) The design and plans for the intermodal terminal shall be completed

Design, plans and completion dates.

within 2 years following enactment of this subsection. The construction of the intermodal terminal shall be completed within 5 years following enactment of this subsection. “(4) There is authorized to be appropriated to the Secretary, for

Appropriation.

the purposes of carrying out this subsection, such sums as are necessary, not to exceed $5,000,000. “(5) Nothing in this subsection (h) shall be construed as relieving the Washington Terminal Company, its successors or assigns, from the obligation to finance and construct a new railroad passenger station in compliance with the terms of paragraph (4) of section 102(a) of Public Law 90–264 (82 Stat. 43).”
Sec. 16. (a) Section 3(b) of the Department of Transportation Act (49 U.S.C. 1652(b)) is amended by striking out “Under Secretary” each place it appears and inserting in lieu thereof at each such place “Deputy Secretary”. (b) Section 9(p) (1) of the Department of Transportation Act (49 U.S.C. 1657(p) (1)) is amended by striking out “Under Secretary” and inserting in lieu thereof “Deputy Secretary”. (c) Section 5313 of title 5, United States Code, is amended by striking out “(7) Under Secretary of Transportation” and inserting in lieu thereof “(7) Deputy Secretary of Transportation”.
88 Stat. 1534

Integration of rail service with other modes of transportation, study.

Report to Congress.

45 USC 645 note.
Sec. 17. The Secretary of Transportation shall conduct a study and report to the Congress within one year after the date of enactment of this section on the potential for integrating rail service provided by the National Railroad Passenger Corporation with other modes of transportation, including buses, with particular attention to the transportation needs of rural areas. Such study and report shall include an evaluation of the funding mechanisms to assist increased service by other modes of transportation, including buses, connected to rail service provided by the National Railroad Passenger Corporation where such assistance will provide the opportunity for increased utilization of such rail service, especially by persons residing in rural areas.
Approved October 28, 1974.
Public Law 93–497: To continue until the close of June 30, 1975, the suspension of duties on certain forms of copper, and for other purposes. Public Law 497 Public Law 93–497 88 Stat. 1534 1974-10-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–497 93rd Congress
AN ACT To continue until the close of June 30, 1975, the suspension of duties on certain forms of copper, and for other purposes.

October 29, 1974

[H. R. 12281]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That items 911.10

Certain copper, duty suspension; Internal Revenue Code of 1954, amendment.

(relating to copper waste and scrap), 911.11 (relating to articles of copper), 911.13 (relating to copper bearing ores and materials), 911.14 (relating to cement copper and copper precipitates), 911.15 (relating to black copper, blister copper, and anode copper), and 911.16 (relating to other unwrought copper) of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) are each amended by striking out “6/30/74” and inserting in lieu thereof “6/30/75”.

Effective date.

19 USC 1202 note.
Sec. 2. The amendments made by the first section of this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after July 1, 1974.

26 USC 334 note.

26 USC 334.
Sec. 3. (a) Notwithstanding the provisions of section 334 of the Internal Revenue Code of 1954 (relating to basis of property received in liquidations), no adjustment to the basis of any property distributed in complete liquidation of a corporation prior to July 1, 1957, shall be made for any liability if— (1) the distributor and distributee did not consider the liability relevant to the value of the stock with respect to which the distribution was made, (2) the distributor and distributee reasonably relied upon a decision of a United States district court specifically adjudicating the amount of the liability and its affirmance by the appropriate United States court of appeals, and (3) the amount of the liability so adjudicated was not greater than would be compensated for by insurance. The provisions of this section apply without regard to whether such decision was subsequently reversed or modified by that United States court of appeals following distribution of such property in complete liquidation. (b) To the extent that the liability described in subsection (a) is not compensated for by insurance or otherwise, the amount thereof

26 USC 1 et. seq.

shall be allowed as a deduction under the appropriate provision of the Internal Revenue Code of 1954 for the taxable year in which payment thereof was made and shall be effective in determining income tax liabilities of all taxable years prior thereto.
Approved October 29, 1974.
Public Law 93–498: To reduce losses of life and property, through better fire prevention and control, and for other purposes. Public Law 498 Public Law 93–498 88 Stat. 1535 1974-10-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1535 Public Law 93–498 93rd Congress
AN ACT To reduce losses of life and property, through better fire prevention and control, and for other purposes.

October 29, 1974

[S. 1769]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Federal Fire Prevention and Control Act of 1974.

be cited as the “Federal Fire Prevention and Control Act of 1974”.
findings

15 USC 2201 note.

 Sec. 2. The Congress finds that—

15 USC 2201.

 (1) The National Commission on Fire Prevention and Control, established pursuant to Public Law 90–259, has made an exhaustive

15 USC 278f notes.

and comprehensive examination of the Nation’s fire problem, has made detailed findings as to the extent of this problem in terms of human suffering and loss of life and property, and has made ninety thoughtful recommendations. (2) The United States today has the highest per capita rate of death and property loss from fire of all the major industrialized nations in the world. (3) Fire is an undue burden affecting all Americans, and fire also constitutes a public health and safety problem of great dimensions. Fire kills 12,000 and scars and injures 300,000 Americans each year, including 50,000 individuals who require extended hospitalization. Almost $3 billion worth of property is destroyed annually by fire, and the total economic cost of destructive fire in the United States is estimated conservatively to be $11,000,000,000 per year. Firefighting is the Nation’s most hazardous profession. (4) Such losses of life and property from fire are unacceptable to the Congress. (5) While fire prevention and control is and should remain a State and local responsibility, the Federal Government must help if a significant reduction in fire losses is to be achieved. (6) The fire service and the civil defense program in each locality would both benefit from closer cooperation. (7) The Nation’s fire problem is exacerbated by (A) the indifference with which some Americans confront the subject; (B) the Nation’s failure to undertake enough research and development into fire and fire-related problems; (C) the scarcity of reliable data and information; (D) the fact that designers and purchasers of buildings and products generally give insufficient attention to fire safety; (E) the fact that many communities lack adequate building and fire prevention codes; and (F) the, fact that local fire departments spend about 95 cents of every dollar appropriated to the fire services on efforts to extinguish fires and only about 5 cents on fire prevention. (8) There is a need for improved professional training and education oriented toward improving the effectiveness of the fire services, including an increased emphasis on preventing fires and on reducing injuries to firefighters. (9) A national system for the collection, analysis, and dissemination of fire data is needed to help local fire services establish research and action priorities. (10) The number of specialized medical centers which are properly equipped and staffed for the treatment of burns and the rehabilitation or victims of fires is inadequate. (11) The unacceptably high rates of death, injury, and property loss from fire can be reduced if the Federal Government establishes a 88 Stat. 1536coordinated program to support and reinforce the fire prevention and control activities of State and local governments.
purposes

15 USC 2202.

 Sec. 3. It is declared to be the purpose of Congress in this Act to— (1) reduce the Nation’s losses caused by fire through better fire prevention and control; (2) supplement existing programs of research, training, and education, and to encourage new and improved programs and activities by State and local governments; (3) establish the National Fire Prevention and Control Administration and the Fire Research Center within the Department of Commerce; and (4) establish an intensified program of research into the treatment of burn and smoke injuries and the rehabilitation of victims of fires within the National Institutes of Health.
definitions

15 USC 2203.

 Sec. 4. As used in this Act, the term— (1) “Academy” means the National Academy for Fire Prevention and Control; (2) “Administration” means the National Fire Prevention and Control Administration established pursuant to section 5 of this Act; (3) “Administrator” means the Administrator of the National Fire Prevention and Control Administration; (4) “fire service” means any organization in any State consisting of personnel, apparatus, and equipment which has as its purpose protecting property and maintaining the safety and welfare of the public from the dangers of fire, including a private firefighting brigade. The personnel of any such organization may be paid employees or unpaid volunteers or any combination thereof. The location of any such organization and its responsibility for extinguishment and suppression of fires may include, but need not be limited to, a Federal installation, a State, city, town, borough, parish, county, fire district, fire protection district, rural fire district, or other special district. The terms “fire prevention”, “firefighting”, and “firecontrol” relate to activities conducted by a fire service; (5) “local” means of or pertaining to any city, town, county, special purpose district, unincorporated territory, or other political subdivision of a State; (6) “Secretary” means the Secretary of Commerce; and (7) “State” means any State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, the Canal Zone, Guam, American Samoa, the Trust Territory of the Pacific Islands and any other territory or possession of the United States.
establishment of the national fire prevention and control administration

15 USC 2204.

 Sec. 5. (a) Establishment of Administration.—There is hereby established in the Department of Commerce an agency which shall be known as the National Fire Prevention and Control Administration. (b) Administrator.—There shall be at the head of the Administration the Administrator of the National Fire Prevention and Control Administration. The Administrator shall be appointed by the Presi-88 Stat. 1537dent, by and with the advice and consent of the Senate, and shall be compensated at the rate now or hereafter provided for level IV of the Executive Schedule pay rates (5 U.S.C. 5315). The Administrator shall report and be responsible to the Secretary. (c) Deputy Administrator.—There shall be in the Administration a Deputy Administrator of the National Fire Prevention and Control Administration who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate now or hereafter provided for level V of the Executive Schedule pay rates (5 U.S.C. 5316). The Deputy Administrator shall perform such functions as the Administrator shall from time to time assign or delegate, and shall act as Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of Administrator.
public education Sec. 6. The Administrator is authorized to take all steps necessary

15 USC 2205.

to educate the public and to overcome public indifference as to fire and fire prevention. Such steps may include, but are not limited to, publications, audiovisual presentations, and demonstrations. Such public education efforts shall include programs to provide specialized information for those groups of individuals who are particularly vulnerable to fire hazards, such as the young and the elderly. The Administrator shall sponsor and encourage research, testing, and experimentation to determine the most effective means of such public education.
national academy for fire prevention and control Sec. 7. (a) Establishment.—The Secretary shall establish, at the

15 USC 2206.

earliest practicable date, a National Academy for Fire Prevention and Control. The purpose of the Academy shall be to advance the professional development of fire service personnel and of other persons engaged in fire prevention and control activities. (b) Superintendent.—The Academy shall be headed by a Superintendent, who shall be appointed by the Secretary. In exercising the powers and authority contained in this section the Superintendent shall be subject to the direction of the Administrator. (c) Powers of Superintendent.—The Superintendent is authorized to— (1) develop and revise curricula, standards for admission and performance, and criteria for the awarding of degrees and certifications; (2) appoint such teaching staff and other personnel as he determines to be necessary or appropriate; (3) conduct courses and programs of training and education, as defined in subsection (d) of this section; (4) appoint faculty members and consultants without regard to the provisions of title 5, United States Code, governing appointments

5 USC 101 et seq.

in the competitive service, and, with respect to temporary and intermittent services, to make appointments to the same extent as is authorized by section 3109 of title 5, United States Code; (5) establish fees and other charges for attendance at, and subscription to, courses and programs offered by the Academy. Such fees may be modified or waived as determined by the Superintendent; (6) conduct short courses, seminars, workshops, conferences, and similar education and training activities in all parts and localities of the United States; 88 Stat. 1538 (7) enter into such contracts and take such other actions as may be necessary in carrying out the purposes of the Academy; and (8) consult with officials of the fire services and other interested persons in the exercise of the foregoing powers. (d) Program of the Academy.—The Superintendent is authorized to— (1) train fire service personnel in such skills and knowledge as may be useful to advance their ability to prevent and control fires, including, but not limited to— (A) techniques of fire prevention, fire inspection, firefighting, and fire and arson investigation; (B) tactics and command of firefighting for present and future fire chiefs and commanders; (C) administration and management of fire services; (D) tactical training in the specialized field of aircraft fire control and crash rescue; (E) tactical training in the specialized field of fire control and rescue aboard waterborne vessels; and (F) the training of present and future instructors in the aforementioned subjects; (2) develop model curricula, training programs, and other educational materials suitable for use at other educational institutions, and to make such materials available without charge; (3) develop and administer a program of correspondence courses to advance the knowledge and skills of fire service personnel; (4) develop and distribute to appropriate officials model questions suitable for use in conducting entrance and promotional examinations for fire service personnel; and (5) encourage the inclusion of fire prevention and detection technology and practices in the education and professional practice of architects, builders, city planners, and others engaged in design and planning affected by fire safety problems. (e) Technical Assistance.—The Administrator is authorized, to the extent that he determines it necessary to meet the needs of the Nation, to encourage new programs and to strengthen existing programs of education and training by local fire services, units, and departments, State and local governments, and private institutions, by providing technical assistance and advice to— (1) vocational training programs in techniques of fire prevention, fire inspection, firefighting, and fire and arson investigation; (2) fire training courses and programs at junior colleges; and (3) four-year degree programs in fire engineering at colleges and universities.

Financial assistance.

 (f) Assistance.—The Administrator is authorized to provide assistance to State and local fire service training programs through grants, contracts, or otherwise. Such assistance shall not exceed 4 per centum of the amount authorized to be appropriated in each fiscal year pursuant to section 17 of this Act. (g) Site Selection.—The Academy shall be located on such site as the Secretary selects, subject to the following provisions: (1) The Secretary is authorized to appoint a Site Selection Board consisting of the Academy Superintendent and two other members to survey the most suitable sites for the location of the Academy and to make recommendations to the Secretary. (2) The Site Selection Board in making its recommendations and the Secretary in making his final selection, shall give consideration to the training and facility needs of the Academy, environ-88 Stat. 1539mental effects, the possibility of using a surplus Government facility, and such other factors as are deemed important and relevant. The Secretary shall make a final site selection not later than 2 years after the date of enactment of this Act. (h) Construction Costs.—Of the sums authorized to be appropriated for the purpose of implementing the programs of the Administration, not more than $9,000,000 shall be available for the construction of facilities of the Academy on the site selected under subsection (g) of this section. Such sums for such construction shall remain available until expended. (i) Educational and Professional Assistance.—The Administrator is authorized to— (1) provide stipends to students attending Academy courses and programs, in amounts up to 75 per centum of the expense of attendance, as established by the Superintendent; (2) provide stipends to students attending courses and nondegree training programs approved by the Superintendent at universities, colleges, and junior colleges, in amounts up to 50 per centum of the cost of tuition; (3) make or enter into contracts to make payments to institutions of higher education for loans, not to exceed $2,500 per academic year for any individual who is enrolled on a full-time basis in an undergraduate or graduate program of fire research or engineering which is certified by the Superintendent. Loans under this paragraph shall be made on such terms and subject to such conditions as the Superintendent and each institution involved may jointly determine; and (4) establish and maintain a placement and promotion opportunities center in cooperation with the tire services, for firefighters who wish to learn and take advantage of different or better career opportunities. Such center shall not limit such assistance to students and graduates of the Academy, but shall undertake to assist all fire service, personnel. (j) Board of Visitors.—Upon establishment of the Academy, the Secretary shall establish a procedure for the selection of professionals in the field of fire safety, fire prevention, file control, research and development in fire protection, treatment and rehabilitation of fire victims, or local government services management to serve as members of a Board of Visitors for the Academy. Pursuant to such procedure, the Secretary shall select eight such persons to serve as members of such Board of Visitors to serve such terms as the Secretary may prescribe. The function of such Board shall be to review annually the program of the Academy and to make comments and recommendations to the Secretary regarding the operation of the Academy and any improvements therein which such Board deems appropriate. Each member of such Board shall lie reimbursed for any expenses actually incurred by him in the performance of his duties as a member of such Board. (k) Accreditation.—The Superintendent is authorized to establish

Committee on Fire Training and Education.

Establishment.

a Committee on Fire Training and Education which shall inquire into and make recommendations regarding the desirability of establishing a mechanism for accreditation of fire training and education programs and courses, and the role which the Academy should play if such a mechanism is recommended. The Committee shall consist of the Superintendent as Chairman and eighteen other members appointed by the Administrator from among individuals and organizations possessing special knowledge and experience in the field of fire training and education or related fields. The Committee shall submit to the Administrator

Report to Administration.

within two years after its appointment, a full and complete 88 Stat. 1540

Termination.

report of its findings and recommendations. Upon the submission of such report, the Committee shall cease to exist. Each appointed member of the Committee shall be reimbursed for expenses actually incurred in the performance of his duties as a member. (l) Admission.—The Superintendent is authorized to admit to the courses and programs of the Academy individuals who are members of the firefighting, rescue, and civil defense forces of the Nation and such other individuals, including candidates for membership in these forces, as he determines can benefit from attendance. Students shall be admitted from any State, with due regard to adequate representation in the student body of all geographic regions of the Nation. In selecting students, the Superintendent may seek nominations and advice from the fire services and other organizations which wish to send students to the Academy.
fire technology

15 USC 2207.

 Sec. 8. (a) Technology Development Program.—The Administrator shall conduct a continuing program of development, testing, and evaluation of equipment for use by the Nation’s fire, rescue, and civil defense services, with the aim of making available improved suppression, protective, auxiliary, and warning devices incorporating the latest technology. Attention shall be given to the standardization, compatibility, and interchangeability of such equipment. Such development, testing, and evaluation activities shall include, but need not be limited to— (1) safer, less cumbersome articles of protective clothing, including helmets, boots, and coats; (2) breathing apparatus with the necessary duration of service, reliability, low weight, and ease of operation for practical use; (3) safe and reliable auxiliary equipment for use in fire prevention, detection, and control, such as fire location detectors, visual and audio communications equipment, and mobile equipment; (4) special clothing and equipment needed for forest fires, brush fires, oil and gasoline fires, aircraft fires and crash rescue, fires occurring aboard waterborne vessels, and in other special firefighting situations; (5) fire detectors and related equipment for residential use with high sensitivity and reliability, and which are sufficiently inexpensive to purchase, install, and maintain to insure wide acceptance and use; (6) in-place fire prevention systems of low cost and of increased reliability and effectiveness; (7) methods of testing fire alarms and fire protection devices and systems on a non-interference basis; (8) the development of purchase specifications, standards, and acceptance and validation test procedures for all such equipment and devices; and (9) operation tests, demonstration projects, and fire investigations in support of the activities set forth in this section. (b) Limitation.—The Administration shall not engage in the manufacture or sale of any equipment or device developed pursuant to this section, except to the extent that it deems it necessary to adequately develop, test, or evaluate such equipment or device. (c) Management Studies.—(1) The Administrator is authorized to conduct, directly or through contracts or grants, studies of the operations and management aspects of fire services, utilizing quantitative techniques, such as operations research, management economics, cost effectiveness studies, and such other techniques and methods as 88 Stat. 1541may be applicable and useful. Such studies shall include, but need not be limited to, the allocation of resources, the optimum location of fire stations, the optimum geographical area for an integrated fire service, the manner of responding to alarms, the operation of citywide and regional fire dispatch centers, firefighting under conditions of civil disturbance, and the effectiveness, frequency, and methods of building inspections. (2) The Administrator is authorized to conduct, directly or through contracts or grants, research concerning the productivity and efficiency of fire service personnel, the job categories and skills required by fire services under varying conditions, the reduction of injuries to fire service personnel, the most effective fire prevention programs and activities, and techniques for accurately measuring and analyzing the foregoing. (3) The Administrator is authorized to conduct, directly or through contracts, grants, or other forms of assistance, development, testing, and demonstration projects to the extent deemed necessary to introduce and to encourage the acceptance of new technology, standards, operating methods, command techniques, and management systems for utilization by the fire services. (4) The Administrator is authorized to assist the Nation’s fire services, directly or through contracts, grants, or other forms of assistance, to measure and evaluate, on a cost-benefit basis, the effectiveness of the programs and activities of each fire service and the predictable consequences on the applicable local fire services of coordination or combination, in whole, or in part, in a regional, metropolitan, or statewide fire service. (d) Rural Assistance.—The Administrator is authorized to assist the Nation's fire services, directly or through contracts, grants, or other forms of assistance, to sponsor and encourage research into approaches, techniques, systems, and equipment to improve fire prevention and control in the rural and remote areas of the Nation. (e) Coordination.—In establishing and conducting programs under this section, the Administrator shall take full advantage of applicable technological developments made by other departments and agencies of the Federal Government, by State and local governments, and by business, industry, and nonprofit associations.
national fire data center Sec. 9. (a) General.—The Administrator shall operate, directly or

15 USC 2208.

through contracts or grants, an integrated, comprehensive National Fire Data Center for the selection, analysis, publication, and dissemination of information related to the prevention, occurrence, control, and results of fires of all types. The program of such Data Center shall

Data Center program, functions.

be designed to (1) provide an accurate nationwide analysis of the fire problem, (2) identify major problem areas, (3) assist in setting priorities, (4) determine possible solutions to problems, and (5) monitor the progress of programs to reduce fire losses. To carry out these functions, the Data Center shall gather and analyze— (1) information on the frequency, causes, spread, and extinguishment of fires; (2) information on the number of injuries and deaths resulting from fires, including the maximum available information on the specific causes and nature of such injuries and deaths, and information on property losses; (3) information on the occupational hazards faced by firefighters, including the causes of deaths and injuries arising, directly and indirectly, from firefighting activities; 88 Stat. 1542 (4) information on all types of firefighting activities, including inspection practices; (5) technical information related to building construction, fire properties of materials, and similar information; (6) information on fire prevention and control laws, systems, methods, techniques, and administrative structures used in foreign nations; (7) information on the causes, behavior, and best method of control of other types of fire, including, but not limited to, forest fires, brush fires, fire underground, oil blow-out fires, and waterborne fires; and (8) such other information and data as is deemed useful and applicable. (b) Methods.—In carrying out the program of the Data Center, the Administrator is authorized to— (1) develop standardized data reporting methods; (2) encourage and assist State, local, and other agencies, public and private, in developing and reporting information; and (3) make full use of existing data gathering and analysis organizations, both public and private.

Information dissemination.

 (c) Dissemination.—The Administrator shall insure dissemination to the maximum extent possible of fire data collected and developed by the Data Center, and shall make such data, information, and analysis available in appropriate form to Federal agencies, State and local governments, private organizations, industry, business, and other interested persons.
master plans

15 USC 2209.

 Sec. 10. (a) General.—The establishment of master plans for fire prevention and control are the responsibility of the States and the political subdivisions thereof. The Administrator is authorized to encourage and assist such States and political subdivisions in such planning activities, consistent with his powers and duties under this Act.

Report to Congress.

 (b) Report.—Four years after the date of enactment of this Act, the Secretary shall submit to the Congress a report on the establishment and effectiveness of master plans in the field of fire prevention and control throughout the Nation. Such report shall include, but need not be limited to— (1) a summary of the extent and quality of master planning activities; (2) a summary and evaluation of master plans that have been prepared by States and political subdivisions thereof. Such summary and evaluation shall consider, with respect to each such plan (A) the characteristics of the jurisdiction adopting it, including, but not limited to, density and distribution of population; ratio of volunteer versus paid fire services; geographic location, topography, and climate; per capita rate of death and property loss from fire; size and characteristics of political subdivisions of the governmental units thereof; and socio-economic composition; and (B) the approach to development and implementation of the master plans; (3) an evaluation of the best approach to the development and implementation of master plans (e.g., central planning by a State agency, regionalized planning within a State coordinated by a State agency, or local planning supplemented and coordinated by a State agency); (4) an assessment of the costs and benefits of master plans; (5) a recommendation to Congress on whether Federal financial assistance should be authorized in order that master plans can be developed in all States; and 88 Stat. 1543 (6) a model master plan or plans suitable for State and local implementation. (c) Definition.—For the purposes of this section, a “master plan”

“Master plan.”

is one which will result in the planning and implementation in the area involved of a general program of action for fire prevention and control. Such master plan is reasonably expected to include (1) a survey of the resources and personnel of existing fire services and an analysis of the effectiveness of the fire and building codes in such area; (2) an analysis of short and long term fire prevention and control needs in such area; (3) a plan to meet the fire prevention and control needs in such area; and (4) an estimate of cost and realistic plans for financing the implementation of the plan and operation on a continuing basis and a summary of problems that are anticipated in implementing such master plan.
reimbursement for costs of firefighting on federal property Sec. 11. (a) Claim.—Each fire service that engages in the fighting

15 USC 2210.

of a fire on property which is under the jurisdiction of the United States may file a claim with the Administrator for the amount of direct expenses and direct losses incurred by such fire service as a result of fighting such fire. The claim shall include such supporting information as the Administrator may prescribe. (b) Determination.—Upon receipt of a claim filed under subsection (a) of this section, the Administrator shall determine— (1) what payments, if any, to the fire service or its parent jurisdiction, including taxes or payments in lieu of taxes, the United States has made for the support of fire services on the property in question; (2) the extent to which the fire service incurred additional firefighting costs, over and above its normal operating costs, in connection with the fire which is the subject of the claim; and (3) the amount, if any, of the additional costs referred to in paragraph (2) of this subsection which were not adequately covered by the payments referred to in paragraph (1) of this subsection. (c) Payment.—The Secretary shall forward the claim and a copy of the Administrator’s determination under subsection (b) (3) of this section to the Secretary of the Treasury. The Secretary of the Treasury shall, upon receipt of the claim and determination, pay such fire service or its parent jurisdiction, from any moneys in the Treasury not otherwise appropriated but subject to reimbursement (from any appropriations which may be available or which may be made available for the purpose) by the Federal department or agency under whose jurisdiction the fire occurred, a sum no greater than the amount determined with respect to the claim under subsection (b) (3) of this section. (d) Adjudication.—In the case of a dispute arising in connection with a claim under this section, the Court of Claims of the United States shall have jurisdiction to adjudicate the claim and enter judgment accordingly.
review of codes Sec. 12. The Administrator is authorized to review, evaluate, and

State-local fire prevention codes, review.

15 USC 2211.

suggest improvements in State and local fire prevention codes, building codes, and any relevant Federal or private codes and regulations. In evaluating any such code or codes, the Administrator shall consider the human impact of all code requirements, standards, or provisions 88 Stat. 1544in terms of comfort and habitability for residents or employees, as well as the fire prevention and control value or potential of each such requirement, standard, or provision.
fire safety effectiveness statements

15 USC 2212.

 Sec. 13. The Administrator is authorized to encourage owners and managers of residential multiple-unit, commercial, industrial, and transportation structures to prepare Fire Safety Effectiveness Statements, pursuant to standards, forms, rules, and regulations to be developed and issued by the Administrator.
annual conference

15 USC 2213.

 Sec. 14. The Administrator is authorized to organize, or to participate in organizing, an annual conference on fire prevention and control. He may pay, in whole or in part, the cost of such conference and the expenses of some or all of the participants. All of the Nation’s fire services shall be eligible to send representatives to each such conference to discuss, exchange ideas on, and participate in educational programs on new techniques in fire prevention and control. Such conferences shall be open to the public.
public safety awards

15 USC 2214.

 Sec. 15. (a) Establishment.—There are hereby established two classes of honorary awards for the recognition of outstanding and distinguished service by public safety officers— (1) the President’s Award For Outstanding Public Safety Service (“President’s Award”); and (2) the Secretary’s Award For Distinguished Public Safety Service (“Secretary’s Award”). (b) Description.—(1) The President’s Award shall be presented by the President of the United States to public safety officers for extraordinary valor in the line of duty or for outstanding contribution to public safety. (2) The Secretary’s Award shall be presented by the Secretary, the Secretary of Defense, or by the Attorney General to public safety officers for distinguished service in the field of public safety. (c) Selection.—The Secretary, the Secretary of Defense, and the Attorney General shall advise and assist the President in the selection of individuals to whom the President’s Award shall be tendered and in the course of performing such duties they shall seek and review nominations for such awards which are submitted to them by Federal, State, county, and local government officials. They shall annually transmit to the President the names of those individuals determined by them to merit the award, together with the reasons therefor. Recipients of the President’s Award shall be selected by the President. (d) Limitation.—(1) There shall not be presented in any one calendar year in excess of twelve President’s Awards. (2) There shall be no limitation on the number of Secretary’s Awards presented. (e) Award.—(1) Each President’s Award shall consist of— (A) a medal suitably inscribed, bearing such devices and emblems, and struck from such material as the Secretary of the Treasury, after consultation with the Secretary, the Secretary of Defense, and the Attorney General deems appropriate. The Secretary of the Treasury shall cause the medal to be struck and furnished to the President; and (B) an appropriate citation. 88 Stat. 1545 (2) Each Secretary’s Award shall consist of an appropriate citation. (f) Regulations.—The Secretary, the Secretary of Defense, and the Attorney General are authorized and directed to issue jointly such regulations as may be necessary to carry out this section. (g) Definitions.—As used in this section, the term “public safety

“Public safety officer.”

officer” means a person serving a public agency, with or without compensation, as— (1) a firefighter; (2) a law enforcement officer, including a corrections or court officer; or (3) a civil defense officer.
annual report Sec. 16. The Secretary shall report to the Congress and the President

Report to Congress and President.

15 USC 2215.

not later than June 30 of the year following the date of enactment of this Act and each year thereafter on all activities relating to fire prevention and control, and all measures taken to implement and carry out this Act during the preceding calendar year. Such report shall include, but need not be limited to— (a) a thorough appraisal, including statistical analysis, estimates, and long-term project ions of the human and economic losses due to fire; (b) a survey and summary, in such detail as is deemed advisable, of the research and technology program undertaken or sponsored pursuant to this Act; (c) a summary of the activities of the Academy for the preceding 12 months, including, but not limited to— (1) an explanation of the curriculum of study; (2) a description of the standards of admission and performance; (3) the criteria for the awarding of degrees and certificates; and (4) a statistical compilation of the number of students attending the Academy and receiving degrees or certificates; (d) a summary of the activities undertaken to assist the Nation’s fire services; (e) a summary of the public education programs undertaken; (f) an analysis of the extent of participation in preparing and submitting Fire Safety Effectiveness Statements; (g) a summary of outstanding problems confronting the administration of this Act, in order of priority; (h) such recommendations for additional legislation as are deemed necessary or appropriate: and (i) a summary of reviews, evaluations, and suggested improvements in State and local fire prevention and building codes, fire services, and any relevant Federal or private codes, regulations, and fire services.
authorization of appropriations Sec. 17. There are authorized to be appropriated to carry out the

15 USC 2216.

foregoing provisions of this Act, except section 11 of this Act, such sums as are necessary, not to exceed $10,000,000 for the fiscal year ending June 30, 1975, and not to exceed $15,000,000 for the fiscal year ending June 30, 1976.
fire research center Sec. 18. The Act of March 3, 1901 (15 U.S.C. 278), is amended by striking out sections 16 and 17 (as added by title I of the Fire Preven-88 Stat. 1546 15 USC 278f, 278g.tion and Control Act of 1968) and by inserting in lieu thereof the following new section:

Establishment.

15 USC 278f.
“Sec. 16. (a) There is hereby established within the Department of Commerce a Fire Research Center which shall have the mission of performing and supporting research on all aspects of fire with the aim of providing scientific and technical knowledge applicable to the prevention and control of fires. The content and priorities of the research program shall be determined in consultation with the Administrator of the National Fire Prevention and Control Administration. In implementing this section, the Secretary is authorized to conduct, directly or through contracts or grants, a fire research program, including— “(1) basic and applied fire research for the purpose of arriving at an understanding of the fundamental processes underlying all aspects of fire. Such research shall include scientific investigations of— “(A) the physics and chemistry of combustion processes; “(B) the dynamics of flame ignition, flame spread, and flame extinguishment; “(C) the composition of combustion products developed by various sources and under various environmental conditions; “(D) the early stages of fires in buildings and other structures, structural subsystems and structural components in all other types of fires, including, but not limited to, forest fires, brush fires, fires underground, oil blowout fires, and waterborne fires, with the aim of improving early detection capability; “(E) the behavior of fires involving all types of buildings and other structures and their contents (including mobile homes and highrise buildings, construction materials, floor and wall coverings, coatings, furnishings, and other combustible materials), and all other types of fires, including forest fires, brush fires, fires underground, oil blowout fires, and waterborne fires; “(F) the unique fire hazards arising from the transportation and use, in industrial and professional practices, of combustible gases, fluids, and materials; “(G) design concepts for providing increased fire safety consistent with habitability, comfort, and human impact in buildings and other structures; and “(H) such other aspects of the fire process as may be deemed useful in pursuing the objectives of the fire research program; “(2) research into the biological, physiological, and psychological factors affecting human victims of fire, and the performance of individual members of fire services, including— “(A) the biological and physiological effects of toxic substances encountered in fires; “(B) the trauma, cardiac conditions, and other hazards resulting from exposure to fire; “(C) the development of simple and reliable tests for determining the cause of death from fires; “(D) improved methods of providing first aid to victims of fires; “(E) psychological and motivational characteristics of persons who engage in arson, and the prediction and cure of such behavior; “(F) the conditions of stress encountered by firefighters, the effects of such stress, and the alleviation and reduction of such conditions; and 88 Stat. 1547 “(G) such other biological, psychological, and physiological effects of fire as nave significance for purposes of control or prevention of fires; and “(3) operation tests, demonstration projects, and fire investigations in support of the activities set forth in this section. “The Secretary shall insure that the results and advances arising from the work of the research program are disseminated broadly. He shall encourage the incorporation, to the extent applicable and practicable, of such results and advances in building codes, fire codes, and other relevant codes, test methods, fire service operations and training, and standards. The Secretary is authorized to encourage and assist in the development and adoption of uniform codes, test methods, and standards aimed at reducing fire losses and costs of fire protection. “(b) For the purposes of this section there is authorized to be

Appropriation.

appropriated not to exceed $3,500,000 for the fiscal year ending June 30, 1975 and not to exceed $4,000,000 for the fiscal year ending June 30, 1976.”
victims of fire Sec. 19. (a) Program.—The Secretary of Health, Education, and

42 USC 290a.

Welfare shall establish, within the National Institutes of Health and in cooperation with the Secretary, an expanded program of research on burns, treatment of burn injuries, and rehabilitation of victims of fires. The National Institutes of Health shall— (1) sponsor and encourage the establishment throughout the Nation of twenty-five additional burn centers, which shall comprise separate hospital facilities providing specialized burn treatment and including research and teaching programs, and twenty-five additional burn units, which shall comprise specialized facilities in general hospitals used only for burn victims; (2) provide training and continuing support of specialists to staff the new burn centers and burn units; (3) sponsor and encourage the establishment of ninety burn programs in general hospitals which comprise staffs of burn injury specialists; (4) provide special training in emergency care for burn victims; (5) augment sponsorship of research on burns and burn treatment ; (6) administer and support a systematic program of research concerning smoke inhalation injuries; and (7) sponsor and support other research and training programs in the treatment and rehabilitation of burn injury victims. (b) Authorization of Appropriation.—For purposes of this section, there are authorized to be appropriated not to exceed $5,000,000 for the fiscal year ending June 30, 1975 and not to exceed $8,000,000 for the fiscal year ending June 30, 1976.
public access to information Sec. 20. Copies of any document, report, statement, or information

15 USC 2217.

received or sent by the Secretary or the Administrator shall be made available to the public pursuant to the provisions of section 552 of title 5, United States Code: Provided, That, notwithstanding the provisions of subsection (b) of such section and of section 1905 of title 18, United States Code, the Secretary may disclose information which concerns or relates to a trade secret— (1) upon request, to other Federal Government departments and agencies for official use; 88 Stat. 1548 (2) upon request, to any committee of Congress having jurisdiction over the subject matter to which the information relates; (3) in any judicial proceeding under a court order formulated to preserve the confidentiality of such information without impairing the proceedings; and (4) to the public when he determines such disclosure to be necessary in order to protect health and safety after notice and opportunity for comment in writing or for discussion in closed session within fifteen days by the party to which the information pertains (if the delay resulting from such notice and opportunity for comment would not be detrimental to health and safety).
administrative provisions

15 USC 2218.

 Sec. 21. (a) Assistance.—Each department, agency, and instrumentality of the executive branch of the Federal Government and each independent regulatory agency of the United States is authorized and directed to furnish to the Administrator, upon written request, on a reimbursable basis or otherwise, such assistance as the Administrator deems necessary to carry out his functions and duties pursuant to this Act, including, but not limited to, transfer of personnel with their consent and without prejudice to their position and ratings. (b) Powers.—With respect to this Act, the Administrator is authorized to— (1) enter into, without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5) such contracts, grants, leases, cooperative agreements, or other transactions as may be necessary to carry out the provisions of this Act; (2) accept gifts and voluntary and uncompensated services, notwithstanding the provisions of section 3679 of the Revised Statutes (31 U.S.C. 665(b)); (3) purchase, lease, or otherwise acquire, own, hold, improve, use, or deal in and with any property (real, personal, or mixed, tangible or intangible), or interest in property, wherever situated; and sell, convey, mortgage, pledge, lease, exchange, or otherwise dispose of property and assets; (4) procure temporary and intermittent services to the same extent as is authorized under section 3109 of title 5, United States Code, but at rates not to exceed $100 a day for qualified experts; and (5) establish such rules, regulations, and procedures as are necessary to carry out the provisions of this Act.

Comptroller General, access to records.

 (c) Audit.—The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the recipients of contracts, grants, or other forms of assistance that are pertinent to its activities under this Act for the purpose of audit or to determine if a proposed activity is in the public interest. (d) Inventions and Discoveries.—All property rights with respect to inventions and discoveries, which are made in the course of or under contract with any government agency pursuant to this Act, shall be subject to the basic policies set forth in the President’s Statement of

Publication in Federal Register.

Government Patent Policy issued August 23, 1971, or such revisions of that statement of policy as may subsequently be promulgated and published in the Federal Register. (e) Coordination.—To the extent practicable, the Administrator shall utilize existing programs, data, information, and facilities already available in other Federal Government departments and agencies and, where appropriate, existing research organizations, centers, 88 Stat. 1549and universities. The Administrator shall provide liaison at an appropriate organizational level to assure coordination of his activities with State and local government agencies, departments, bureaus, or offices concerned with any matter related to programs of fire prevention and control and with private and other Federal organizations and offices so concerned.
assistance to consumer product safety commission Sec. 22. Upon request, the Administrator shall assist the Consumer

15 USC 2219.

Product Safety Commission in the development of fire safety standards or codes for consumer products, as defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.).
conforming amendments Sec. 23. Section 12 of the Act of February 14, 1903, as amended (15 U.S.C. 1511), is amended to read as follows:
“bureaus in department “Sec. 12. The following named bureaus, administrations, services, offices, and programs of the public service, and all that pertains thereto, shall be under the jurisdiction and subject to the control of the Secretary of Commerce: “(a) National Oceanic and Atmospheric Administration; “(b) United States Travel Service; “(c) Maritime Administration; “(d) National Bureau of Standards; “(e) Patent Office; “(f) Bureau of the Census; “(g) National Fire Prevention and Control Administration; and “(h) such other bureaus or other organizational units as the Secretary of Commerce may from time to time establish in accordance with law.”
Approved October 29, 1974.
Public Law 93–499: To extend for an additional temporary period the existing suspension of duties on certain classifications of yarns of silk, and for other purposes. Public Law 499 Public Law 93–499 88 Stat. 1549 1974-10-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–499 93rd Congress
AN ACT To extend for an additional temporary period the existing suspension of duties on certain classifications of yarns of silk, and for other purposes.

October 29, 1974

[H. R. 7780]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) items

Certain silk yarns, duty suspension, extension; Internal Revenue Code of 1954, amendments.

 905.30 and 905.31 of the appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) are each amended by striking out “11/7/73” 88 Stat. 1550and inserting in lieu thereof “11/7/75”; and such item 905.31 is further amended by striking out “and item 308.51”.

Effective date.

19 USC 1202 note.

 (b) The amendments made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the enactment of this Act.

19 USC 1202 note.

 (c) Upon request therefor filed with the customs officer concerned on or before the sixtieth day after the date of the enactment of this Act, the entry or withdrawal of any article— (1) which was made after November 7, 1973, and before the date of the enactment of this Act, and (2) with respect to which there would have been no duty if the amendments made by subsection (a) applied to such entry or withdrawal, shall notwithstanding the provisions of section 514 of the Tariff

19 USC 1514.

Act of 1930 or any other provision of law, be liquidated or reliquidated as though such entry or withdrawal had been made on the date of the enactment of this Act.

Mining, treatment processes.

26 USC 613.
Sec. 2. (a) Section 613(c)(4)(E) of the Internal Revenue Code of 1954 (relating to treatment processes considered as mining) is amended by inserting after “phosphate rock,” the following: “the decarbonation of trona,”.

Effective date.

26 USC 613 note.

 (b) The amendment made by this section shall apply to taxable years beginning after December 31, 1970.
Sec. 3. Wagering tax amendments. (a) Tax on Wagers.—Section 4401 of the Internal Revenue Code of

26 USC 4401.

1954 (relating to imposition of tax on wagers) is amended by striking out “10 percent” and inserting in lieu thereof “2 percent”. (b) Occupational Tax.—Section 4411 of the Internal Revenue Code

26 USC 4411.

of 1954 (relating to imposition of occupational taxes) is amended by striking out “$50” and inserting in lieu thereof “$500”. (c) Disclosure of Wagering Tax Information.— (1) Subchapter C of Chapter 35 of the Internal Revenue Code of 1954 (relating to miscellaneous provisions) is amended by adding at the end thereof the following new section:

26 USC 4424.
“Sec. 4424. Disclosure of wagering tax information. “(a) General Rule.—Except as otherwise provided in this section, neither the Secretary or his delegate nor any other officer or employee of the Treasury Department may divulge or make known in any manner whatever to any person— “(1) any original, copy, or abstract of any return, payment, or registration made pursuant to this chapter, “(2) any record required for making any such return, payment, or registration, which the Secretary or his delegate is permitted by the taxpayer to examine or which is produced pursuant

26 USC 7602.

 to section 7602, or “(3) any information come at by the exploitation of any such return, payment, registration, or record. 88 Stat. 1551 “(b) Permissible Disclosure.—A disclosure otherwise prohibited by subsection (a) may be made in connection with the administration or civil or criminal enforcement of any tax imposed by this title. However, any document or information so disclosed may not be— “(1) divulged or made known in any maimer whatever by any officer or employee of the United States to any person except in connection with the administration or civil or criminal enforcement of this title, nor “(2) used, directly or indirectly, in any criminal prosecution for any offense occurring before the date of enactment of this section. “(c) Use of Documents Possessed by Taxpayer.—Except in connection with the administration or civil or criminal enforcement of any tax imposed by this title— “(1) any stamp denoting payment of the special tax under this chapter, “(2) any original, copy, or abstract possessed by a taxpayer of any return, payment, or registration made by such taxpayer pursuant to this chapter, and “(3) any information come at by the exploitation of any such document, shall not be used against such taxpayer in any criminal proceeding. “(d) Inspection by Committees of Congress.—Section 6103(d)

26 USC 6103.

shall apply with respect to any return, payment, or registration made pursuant to this chapter.”.
 (2) The table of sections for such subchapter is amended by adding at the end thereof the following: “Sec. 4424. (d) Effective Date.— (1) In general.—The amendments made by this section take

26 USC 4401 note.

effect on December 1, 1974, and shall apply only with respect to wagers placed on or after such date. (2) Transitional rules.—

26 USC 4411 note.

 (A) Any person who, on December 1, 1974, is engaged in an activity which makes him liable for payment of the tax imposed by section 4411 of the Internal Revenue Code of 1954

26 USC 4411.

(as in effect on such date) shall be treated as commencing such activity on such date for purposes of such section and section 4901 of such Code.

26 USC 4901.

 (B) Any person who, before December 1, 1974.—

Occupational tax, liability.

 (i) became liable for and paid the tax imposed by section 4411 of the Internal Revenue Code of 1954 (as in effect on July 1, 1974) for the year ending June 30, 1975, shall not be liable for any additional tax under such section for such year, and (ii) registered under section 4412 of such Code (as in

26 USC 4412.

effect on July 1, 1974) for the year ending June 30, 1975, shall not be required to reregister under such section for such year.
Approved October 29, 1974.
Public Law 93–500: To amend and extend the Export Administration Act of 1969. Public Law 500 Public Law 93–500 88 Stat. 1552 1974-10-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1552 Public Law 93–500 93rd Congress
AN ACT To amend and extend the Export Administration Act of 1969.

October 29, 1974

[S. 3792]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Export Administration Amendments of 1974.
short title

50 USC app. 2402 note.

 Section 1. This Act may be cited as the “Export Administration Amendments of 1974”.
short supply policy

20 USC app. 2402.

 Sec. 2. Section 3(2) (A) of the Export Administration Act of 1969 is amended by striking out “abnormal”.
monitoring and consultation

50 USC app. 2403

 Sec. 3. (a) Section 4 of the Export Administration Act of 1969 is amended by redesignating subsections (c) through (e) thereof as subsections (d) through (f), respectively, and by inserting after subsection (b) a new subsection (c) as follows: “(c)(1) To effectuate the policy set forth in section 3(2) (A) of this Act, the Secretary of Commerce shall monitor exports, and contracts for exports, of any article, material, or supply (other than a commodity which is subject to the reporting requirements of section

7 USC 612c-3.

812 of the Agricultural Act of 1970) when the volume of such exports in relation to domestic supply contributes, or may contribute, to an increase in domestic prices or a domestic shortage, and such price increase or shortage has, or may have, a serious adverse impact on the economy or any sector thereof. Information which the Secretary requires to be furnished in effecting such monitoring shall be confidential, except as provided in paragraph (2) of this subsection.

Reports.

 “(2) The results of such monitoring shall, to the extent practicable, be aggregated and included in weekly reports setting forth, with respect to each article, material, or supply monitored, actual and anticipated exports, the destination by country, and the domestic and worldwide price, supply, and demand. Such reports may be made monthly if the Secretary determines that there is insufficient information to justify weekly reports.”

Shortages and increased prices, quarterly report.

50 USC app. 2409.

 (b) Section 10 of such Act is amended— (1) by inserting “(a)” after “Sec. 10.”: and (2) by adding at the end thereof the following: “(b)(1) The quarterly report required for the first quarter of 1975 and every second report thereafter shall include summaries of the information contained in the reports required by section 4(c)(2) of

Supra.

this Act, together with an analysis by the Secretary of Commerce of (A) the impact on the economy and world trade of shortages or increased prices for articles, materials, or supplies subject to monitoring under this Act, (B) the worldwide supply of such articles, materials, and supplies, and (C) actions taken by other nations in response to such shortages or increased prices. “(2) Each such quarterly report shall also contain an analysis by the Secretary of Commerce of (A) the impact on the economy and world trade of shortages or increased prices for commodities subject to the reporting requirements of section 812 of the Agricultural Act of 1970. (B) the worldwide supply of such commodities, and (C) actions being taken by other nations in response to such shortages or increased prices. The Secretary of Agriculture shall fully cooperate 88 Stat. 1553with the Secretary of Commerce in providing all information required by the Secretary of Commerce in making such analysis.”. (c) Section 5 (a) of such Act is amended—

50 USC app. 2404.

 (1) by striking out “hereunder” in the first sentence and inserting in lieu thereof the words “or monitored under this Act”; and (2) by inserting immediately after such first sentence the following: “Such departments and agencies shall fully cooperate in rendering such advice and information.”. (d) Section 5(a) of such Act is further amended by adding the following

Fuel and energy, facilities and equipment.

50 USC app. 2403.

at the end thereof: “In addition, the Secretary of Commerce shall consult with the Federal Energy Administration to determine whether monitoring under section 4 of this Act is warranted with respect to exports of facilities, machinery, or equipment normally and principally used, or intended to be used, in the production, conversion, or transportation of fuels and energy (except nuclear energy), including but not limited to, drilling rigs, platforms, and equipment; petroleum refineries, natural gas processing, liquefication. and gasification plants; facilities for production of synthetic natural gas or synthetic crude oil; oil and gas pipelines, pumping stations, and associated equipment; and vessels for transporting oil, gas, coal, and other fuels.”.
international cooperation to secure access to supplies Sec. 4. (a) Section 2 of the Export Administration Act of 1969

50 USC app. 2401.

is amended by adding at the end thereof the following new paragraph: “(5) Unreasonable restrictions on access to world supplies can cause worldwide political and economic instability, interfere with free international trade, and retard the growth and development of nations.” (b) Section 3(3)(A) of such Act is amended by striking out “with

50 USC app. 2402.

which the United States has defense treaty commitments”. (c) Section 3(5) of such Act is amended— (1) by striking out the word “and” immediately preceding clause (B); and (2) by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: “and (C) to foster international cooperation and the development of international rules and institutions to assure reasonable access to world supplies.”.
high technology exports Sec. 5. (a) Section 4 of the Export Administration Act of 1969,

50 USC app. 2403.

as amended by section 3 of this Act, is amended by adding at the end thereof the following new subsection: “(g) Any export license application required by the exercise of authority under this Act to effectuate the policies or section 3(1)(B) or 3(2)(C) shall be approved or disapproved not later than 90 days after its submission. If additional time is required, the Secretary of Commerce or other official exercising authority under this Act shall inform the applicant of the circumstances requiring such additional time and give an estimate of when his decision will be made.” (b) Section 5(c)(1) of such Act is amended by striking out the

50 USC app. 2404.

next to the last sentence thereof and inserting in lieu thereof the following: “Each such committee shall consist of representatives of United States industry and Government, including the Departments of Commerce, Defense, and State, and, when appropriate, other Government departments and agencies.”. (c) Section 5 (c) of such Act is amended by adding at the end thereof the following new paragraph: “(5) To facilitate the work of the technical advisory committees, the Secretary of Commerce, in conjunction with other departments 88 Stat. 1554and agencies participating in the administration of this Act, shall disclose to each such committee adequate information, consistent with national security, pertaining to the reasons for the export controls which are in effect or contemplated for the grouping of articles, materials, and supplies with respect to which that committee furnishes advice.”.

50 USC app. 2409 note.

 (d) Not later than one year after the date of enactment of this Act, the Secretary of Commerce shall include in a quarterly report under

50 USC app. 2409.

section 10 of the Export Administration Act of 1969 an accounting of actions taken to expedite the processing of export license applications as required under section 4(g) of the Export Administration Act of

Ante, p. 1553.

1969.
opportunity to comment on licensing

50 USC app. 2404.

 Sec. 6. Section 5(b) of the Export Administration Act of 1969 is amended— (1) by inserting “(1)” after “(b)”; and

Publication in Federal Register.

 (2) by adding at the end thereof the following: “(2) Upon imposing quantitative restrictions on exports of any article, material, or supply to carry out the policy stated in section

50 USC app. 2402.

3(2) (A) of this Act, the Secretary of Commerce shall include in his notice published in the Federal Register an invitation to all interested parties to submit written comments within 15 days from the date of publication on the impact of such restrictions and the method of licensing used to implement them.”.
technical and conforming changes Sec. 7. Section 4(d) of the Export Administration Act of 1969, as redesignated by section 3 of this Act, is amended to read as follows: “(d) Nothing in this Act or the rules or regulations hereunder shall be construed to require authority or permission to export, except where required by the President to effect the policies set forth in section 3 of this Act.”.
hardship relief Sec. 8. The Export Administration Act of 1969 is amended by inserting after section 1 the following new section:
“procedures for hardship relief from export controls

50 USC app. 2403a.

 “Sec. 4A. (a) Any person who, in his domestic manufacturing process or other domestic business operation, utilizes a product produced abroad in whole or in part from a commodity historically obtained from the United States but which has been made subject to export controls, or any person who historically has exported such a commodity, may transmit a petition of hardship to the Secretary of Commerce requesting an exemption from such controls in order to alleviate any unique hardship resulting from the imposition of such controls. A petition under this section shall be in such form as the Secretary of Commerce shall prescribe and shall contain information demonstrating the need for the relief requested. “(b) Not later than 30 days after receipt of any petition under subsection (a), the Secretary of Commerce shall transmit a written decision to the petitioner granting or denying the requested relief. Such decision shall contain a statement setting forth the Secretary’s basis for the grant or denial. Any exemption granted may be subject to such conditions as the Secretary deems appropriate. “(c) For purposes of this section, the Secretary’s decision with respect to the grant or denial of relief from unique hardship resulting 88 Stat. 1555directly or indirectly from the imposition of controls shall reflect the Secretary’s consideration of such factors as— “(1) Whether denial would cause a unique hardship to the applicant which can be alleviated only by granting an exception to the applicable regulations. In determining whether relief shall be granted, the Secretary will take into account: “(A) ownership of material for which there is no practicable domestic market by virtue of the location or nature of the material; “(B) potential serious financial loss to the applicant if not granted an exception; “(C) inability to obtain, except through import, an item essential for domestic use which is produced abroad from the commodity under control; “(D) the extent to which denial would conflict, to the particular detriment of the applicant, with other national policies including those reflected in any international agreement to which the United States is a party; “(E) possible adverse, effects on the economy (including unemployment) in any locality or region of the United States: and “(F) other relevant factors, including the applicant’s lack of an exporting history during any base period that may be established with respect to export quotas for the particular commodity. “(2) The effect a finding in favor of the applicant would have on attainment of the basic objectives of the short supply control program. In all cases, the desire to sell at higher prices and thereby obtain greater profits will not be considered as evidence of a unique hardship, nor will circumstances where the hardship is due to imprudent acts or failure to act on the part of the appellant.”.
interagency review Sec. 9. Section 4 of the Export Administration Act of 1969, as amended by sections 3 and 5 of this Act, is amended by adding at the end thereof the following new subsection: “(h)(1) The Congress finds that the defense posture of the United States may be seriously compromised if the Nation’s goods and technology are exported to a controlled country without an adequate and knowledgeable assessment being made to determine whether export of such goods and technology will significantly increase the military capability of such country. It is the purpose of this subsection to provide

Recommendation to President.

for such an assessment and to authorize the Secretary of Defense to review any proposed export of goods or technology to any such country and, whenever he determines that the export of such goods or technology will significantly increase the military capability of such country, to recommend to the President that such export be disapproved. “(2) Notwithstanding any other provision of law, the Secretary of Defense shall determine, in consultation with the export control office to which licensing requests are made, the types and categories of transactions which should be reviewed by him to carry out the purpose of this subsection. Whenever a license or other authority is requested for the export of such goods or technology to any controlled country, the appropriate export control office or agency to whom such request is made shall notify the Secretary of Defense of such request, and such office may not issue any license or other authority pursuant to such request prior to the expiration of the period within which the 88 Stat. 1556President may disapprove such export. The Secretary of Defense shall carefully consider all notifications submitted to him pursuant to this subsection and, not later than 30 days after notification of the request shall— “(A) recommend to the President that he disapprove any request for the export of any goods or technology to any controlled country if he determines that the export of such goods or technology will significantly increase the military capability of such country; “(B) notify such office or agency that he will interpose no objection if appropriate conditions designed to achieve the purposes of this Act are imposed; or “(C) indicate that he does not intend to interpose an objection to the export of such goods or technology.

Presidential disapproval.

 If the President notifies such office or agency, within 30 days after receiving a recommendation from the Secretary, that he disapproves such export, no license or other authorization may be issued for the export of such goods or technology to such country.

Presidential statement to Congress.

 “(3) Whenever the President exercises his authority under this subsection to modify or overrule a recommendation made by the Secretary of Defense pursuant to this section, the President shall submit to the Congress a statement indicating his decision together with the recommendation of the Secretary of Defense.

Definitions.

 “(4) As used in this subsection— “(A) the term ‘goods or technology’ means— “(i) machinery, equipment, capital goods, or computer software; or “(ii) any license or other arrangement for the use of any patent, trade secret, design, or plan with respect to any item described in clause (i); “(B) the term ‘export, control office’ means any office or agency of the United States Government whose approval or permission is required pursuant to existing law for the export of goods or technology; and “(C) the term ‘controlled country’ means any Communist country as defined under section 620(f) of the Foreign Assistance Act of 1961.”
export fees and licenses Sec. 10. Section 4 of the Export Administration Act of 1969, as amended by sections 3, 5, and 9 of this Act, is amended by adding at the end thereof the following: “(i) In imposing export controls to effectuate the policy stated in

50 USC app. 2402.

section 3(2) (A) of this Act, the President’s authority shall include but not be limited to, the imposition of export license fees.”
economic policy actions

50 USC app. 2402.

 Sec. 11. Section 3 of the Export Administration Act of 1969 is amended by adding at the end thereof the following new paragraph: “(7) It is the policy of the United States to use export controls, including license fees, to secure the removal by foreign countries of restrictions on access to supplies where such restrictions have or may have a serious domestic inflationary impact, have caused or may cause a serious domestic shortage, or have been imposed for purposes of influencing the. foreign policy of the United States. In effecting this policy, the President shall make every reasonable effort to secure the removal or reduction of such restrictions, policies, or actions through international cooperation and agreement before resorting to the imposition of controls on the export of materials from the United States: 88 Stat. 1557Provided, That no action taken in fulfillment of the policy set forth

Medicine, exemption.

in this paragraph shall apply to the export of medicine or medical supplies.”
allocation of licenses Sec. 12. Section 4(b) (1) of the Export Administration Act of 1969

50 USC app. 2403.

is amended by adding at the end thereof the following: “In curtailing the exportation of any articles, materials, or supplies to effectuate the policy set forth in section 3(2)(A) of this Act, the President is authorized

50 USC app. 2402.

and directed to allocate a portion of export licenses on the basis of factors other than a prior history of exportation.”
expiration date Sec. 13. Section 14 of the Export Administration Act of 1969 is

50 USC app. 2413.

amended by striking “September 30, 1974” and inserting in lieu thereof “September 30, 1976”.
presidential review Sec. 14. The President is directed to review all laws, regulations

42 USC 2153 note.

issued thereunder by the Atomic Energy Commission, the Department of Commerce, and other Government agencies, governing the export and re-export of materials, supplies, articles, technical data or other information relating to the design, fabrication, development, supply, repair or replacement of any nuclear facility or any part thereof, and to report within six months to the Congress on the adequacy of such

Report to Congress.

regulations to prevent the proliferation of nuclear capability for non-peaceful purposes. The President is also directed to review domestic and international nuclear safeguards and to report within six months to the Congress on the adequacy of such safeguards to prevent the proliferation, diversion or theft of all such nuclear materials and on efforts by the United States and other countries to strengthen international nuclear safeguards in anticipation of the Review Conference scheduled to be held in February 1975 pursuant to Article VIII. section 3 of the Treaty on the Non-Proliferation of Nuclear Weapons.”

21 UST 483.
Approved October 29, 1974.
Public Law 93–501: To authorize the regulation of interest rates payable on obligations issued by affiliates of certain depository institutions, and for other purposes. Public Law 501 Public Law 93–501 88 Stat. 1557 1974-10-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–501 93rd Congress
AN ACT To authorize the regulation of interest rates payable on obligations issued by affiliates of certain depository institutions, and for other purposes.

October 29, 1974

[S. 3838]

 Be it enacted by the Senate and House of Representatives of the United Staten of America in Congress assembled, <num value="I">TITLE I—</num> <heading class="inline">REGULATION OF INTEREST RATES ON CERTAIN OBLIGATIONS</heading> <sidenote><p class="firstIndent1 fontsize8">Debt obligations.</p> <p class="firstIndent1 fontsize8">Issuance and sale, regulation.</p></sidenote> <section class="firstIndent1 fontsize10"><num value="101"><inline class="smallCaps">Sec.</inline> 101. </num><chapeau>Section 19(a) of the Federal Reserve Act (12 U.S.C. 461) is amended by inserting “<quotedText>and, regardless of the use of the proceeds,</quotedText>” immediately before “<quotedText>shall be deemed a deposit</quotedText>”.</chapeau> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>The amendment made by subsection (a) shall not apply to any <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s461">12 USC 461 note</ref>.</p></sidenote>bank holding company which has filed prior to the date of enactment of this Act an irrevocable declaration with the Board of Governors of the Federal Reserve System to divest itself of all of its banks under section 4 of the Bank Holding Company Act, or to any debt <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1843">12 USC 1843</ref>.</p></sidenote>obligation which is an exempted security under section 3(a)(3) of the Securities Act of 1933.</content></subsection></section> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s77c">15 USC 77c</ref>.</p></sidenote> <page identifier="/us/stat/88/1558">88 <inline class="smallCaps">Stat.</inline> 1558</page> <section class="firstIndent1 fontsize10"><num value="102"><inline class="smallCaps">Sec.</inline> 102. </num><subsection class="inline"><num value="a">(a) </num><content>The sixth sentence of section 18(g) of the Federal Deposit Insurance Act (12 U.S.C. 1828(g)) is amended by striking out “<quotedText>for the purpose of obtaining funds to be used in the banking business</quotedText>”.</content></subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1828">12 USC 1828 note</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>The amendment made by subsection (a) shall not apply to any bank holding company which has filed prior to the date of enactment of this Act an irrevocable declaration with the Board of Governors of the Federal Reserve System to divest itself of all of its banks under section 4 of the Bank I folding Company Act, or to any debt obligation which is an exempted security under section 3(a)(3) of the Securities Act of 1933.</content></subsection></section> <section class="firstIndent1 fontsize10"><num value="103"><inline class="smallCaps">Sec.</inline> 103. </num><chapeau>Section 5B of the Federal Home Loan Bank Act (12 U.S.C. 1425b) is amended as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by adding at the end of subsection (a) thereof the following new sentences: “<quotedText>The provisions of this subsection shall apply, in the discretion of the Board, to an obligation issued by an affiliate of an institution which is an insured institution as defined in section 401(a) of the National Housing Act (12 U.S.C. 1724(a)). The Board is authorized to define by regulation the terms used in this section, except that the Board may not, under the additional authority conferred by this sentence and the preceding sentence, define as a deposit any debt obligation which is an exempted security under section 3(a) (3) of the Securities Act of 1933.</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>institution subject to this section</quotedText>” in subsection (b) thereof and inserting in lieu thereof “<quotedText>person or organization</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>by striking out “<quotedText>nonmember institution</quotedText>” and “institution” in subsection (c) thereof and inserting in lieu thereof “<quotedText>person or organization</quotedText>” in both places.</content> </paragraph> </section> <num value="II">TITLE II—</num><heading>INTEREST RATE AMENDMENTS REGARDING STATE USURY CEILINGS ON BUSINESS LOANS</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec.</inline> 201. </num><content>Section 5197 of the Revised Statutes, as amended (12 U.S.C. 85), is amended by inserting in the first and second sentences before the phrase “<quotedText>whichever may be the greater</quotedText>”, the following: “<quotedText>or in the case of business or agricultural loans in the amount of $25,000 or more, at a rate of 5 per centum in excess of the discount rate on ninety-day commercial paper in effect at the Federal Reserve bank in the Federal Reserve district where the bank is located,</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec.</inline> 202. </num><content>The Federal Deposit Insurance Act (12 U.S.C. 1811-31) is amended by adding at the end thereof the following: <sidenote><p class="firstIndent1 fontsize8">State-chartered insured banks, interest rates, limitation.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1831a">12 USC 1831a</ref>.</p></sidenote> <quotedContent><section class="firstIndent1 fontsize10"><num value="24">“<inline class="smallCaps">Sec.</inline> 24. </num><subsection class="inline"><num value="a">(a) </num><content>In order to prevent discrimination against State-chartered insured banks with respect to interest rates, if the applicable rate prescribed in this subsection exceeds the rate such State bank would be permitted to charge in the absence of this subsection, a State bank may in the case of business or agricultural loans in the amount of $25,000 or more, notwithstanding any State constitution or statute, which is hereby preempted for the purposes of this section, take, receive, reserve, and charge on any loan or discount made, or upon any note, bill or exchange, or other evidence of debt, interest at a rate of not more than 5 per centum in excess of the discount rate on ninety-day commercial paper in effect at the Federal Reserve bank in the Federal Reserve district where the bank is located, and such interest may be taken in advance, reckoning the days for which the note, bill, or other evidence of debt has to run.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Interest overcharge, forfeiture.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>If the rate prescribed in subsection (a) exceeds the rate such State bank would be permitted to charge in the absence of this paragraph, and such State fixed rate is thereby preempted by the rate <page identifier="/us/stat/88/1559">88 <inline class="smallCaps">Stat.</inline> 1559</page>described in subsection (a), the taking, receiving, reserving, or charging a greater rate of interest than is allowed by subsection (a), when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon. If such greater rate of interest <sidenote><p class="firstIndent1 fontsize8">Interest payment recovery.</p></sidenote>has been paid, the person who paid it may recover in a civil action commenced in a court of appropriate jurisdiction not later than two years after the date of such payment, an amount equal to twice the amount of the interest paid from the State bank taking or receiving such interest.”.</content></subsection></section></quotedContent></content></section> <section class="firstIndent1 fontsize10"><num value="203"><inline class="smallCaps">Sec.</inline> 203. </num><content>Title IV of the National Housing Act (12 U.S.C. 1724-1730(d)) is amended by adding at the end thereof the following: <quotedContent><section class="firstIndent1 fontsize10"><num value="412">“<inline class="smallCaps">Sec.</inline> 412. </num><subsection class="inline"><num value="a">(a) </num><content>If the applicable rate prescribed in this section <sidenote><p class="firstIndent1 fontsize8">Savings and loan accounts, interest rate charges, limitation.</p></sidenote>exceeds the rate an insured institution would be permitted to charge in the absence of this section, such institution may in the case of business or agricultural loans in the amount of $25,000 or more, notwithstanding any State constitution or statute, which is hereby preempted for the purposes of this section, take, receive, reserve, and charge on any loan or discount made, or upon any note, bill of exchange, or other evidence of debt, interest at a rate of not more than 5 per centum in excess of the discount rate on ninety-day commercial paper in effect at the Federal Reserve bank in the Federal Reserve district where the institution is located, and such interest may be taken in advance, reckoning the days for which the note, bill, or other evidence of debt has to run.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>If the rate prescribed in subsection (a) exceeds the rate such <sidenote><p class="firstIndent1 fontsize8">Interest overcharge, forfeiture.</p></sidenote>institution would be permitted to charge in the absence of this section, and such State fixed rate is thereby preempted by the rate described in subsection (a), the taking, receiving, reserving, or charging a greater rate of interest than that prescribed by subsection (a), when knowingly done, shall lie deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon. If such greater rate of interest has <sidenote><p class="firstIndent1 fontsize8">Interest payment recovery.</p></sidenote>been paid, the person who paid it may recover, in a civil action commenced in a court of appropriate jurisdiction not later than two years after the date of such payment, an amount equal to twice the amount of the interest paid from the institution taking or receiving such interest.”.</content></subsection></section></quotedContent></content></section> <section class="firstIndent1 fontsize10"><num value="204"><inline class="smallCaps">Sec.</inline> 204. </num><content>Section 308 of the Small Business Investment Act of 1958, as amended (15 U.S.C. 661), is amended by adding at the end thereof <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s687">15 USC 687</ref>.</p></sidenote> the following: <quotedContent><subsection class="firstIndent1 fontsize10"><num value="h">“(h)</num><paragraph class="inline"><num value="1">(1) </num><content>In order to facilitate the orderly and necessary flow of <sidenote><p class="firstIndent1 fontsize8">Small business investment companies, interest charges, limitation.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s631">15 USC 631 note</ref>.</p></sidenote>long-term loans and equity funds to small business concerns, as defined in the Small Business Act, if the maximum interest rate permitted by the Small Business Administration exceeds the rate a small business I's use 631 investment company would be permitted to charge in the absence of this subsection, such small business investment company may in the case of business loans in the amount of $25,000 or more, notwithstanding any State constitution or statute, which is hereby preempted for the purposes of this section, take, receive, reserve, and charge on any such loan, interest at a rate of not more than 5 per centum in excess of the discount rate on ninety-day commercial paper in effect at the Federal Reserve bank in the Federal Reserve district where the small business investment company is located.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>If the rate prescribed in paragraph (1) exceeds the rate such <sidenote><p class="firstIndent1 fontsize8">Interest overcharge, forfeiture.</p></sidenote>small business investment company would be permitted to charge in the absence of this subsection, and such State fixed rate is thereby preempted by the rate described in paragraph (1), the taking, receiving, reserving or charging a greater rate than is allowed by paragraph (1), <page identifier="/us/stat/88/1560">88 <inline class="smallCaps">Stat.</inline> 1560</page>when knowingly done, shall lie deemed a forfeiture of the entire interest which the loan carries with it, or which has been agreed to be paid <sidenote><p class="firstIndent1 fontsize8">Interest payment recovery.</p></sidenote>thereon. If such greater rate of interest has been paid, the person who paid it may recover, in a civil action commenced in a court of appropriate jurisdiction not later than two years after the date of such payment, an amount equal to twice the amount of interest paid from the small business investment company taking or receiving such interest.”</content></paragraph></subsection> </quotedContent></content></section> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1831a">12 USC 1831a note</ref>.</p></sidenote> <section class="firstIndent1 fontsize10"><num value="205"><inline class="smallCaps">Sec.</inline> 205. </num><content>If any provision of this title or the application of such provision to any person or circumstance shall be held invalid, the remainder of the title and the application of such provision to any person or circumstance other than that as to which it is held invalid shall not be affected thereby.</content></section> <sidenote><p class="firstIndent1 fontsize8">Effective date.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1831a">12 USC 1831a note</ref>.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec.</inline> 206. </num><content>The amendments made by this title shall apply to any loan made in any State after the date of enactment of this title, but prior to the earlier of July 1, 1977, or the date (after the date of enactment of this title) on which the State enacts a provision of law which prohibits the charging of interest at the rates provided in the amendments made by this title.</content></section> <num value="III">TITLE III—</num><heading class="inline">APPLICABILITY OF STATE USURY CEILINGS TO CERTAIN OBLIGATIONS ISSUED BY BANKS AND AFFILIATES</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s461">12 USC 461</ref>.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec.</inline> 301. </num><content>Section 19 of the Federal Reserve Act is amended by adding at the end thereof the following new subsection: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s371b–1">12 USC 371b–1</ref>.</p></sidenote> <quotedContent><subsection class="firstIndent1 fontsize10"><num value="k">“(k) </num> <content>No member bank or affiliate thereof, or any successor or assignee of such member bank or affiliate or any endorser, guarantor, or surety of such member bank or affiliate may plead, raise, or claim directly or by counterclaim, setoff, or otherwise, with respect to any deposit or obligation of such member bank or affiliate, any defense, right, or benefit under any provision of a statute or constitution of a State or of a territory of the United States, or of any law of the District of Columbia, regulating or limiting the rate of interest which may be charged, taken, received, or reserved, and any such provision is hereby preempted, and no civil or criminal penalty which would otherwise be applicable under such provision shall apply to such member bank or affiliate or to any other person.”</content></subsection></quotedContent></content> </section> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec.</inline> 302. </num><content>Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end thereof the following new subsection: <quotedContent><subsection class="firstIndent1 fontsize10"><num value="k">“(k) </num><content>No insured nonmember bank or affiliate thereof, or any successor or assignee of such bank or affiliate or any endorser, guarantor, or surety of such bank or affiliate may plead, raise, or claim, directly or by counterclaim, setoff, or otherwise, with respect to any deposit or obligation of such bank or affiliate, any defense, right, or benefit under any provision of a statute or constitution of a State or of a territory of the United States, or of any law of the District of Columbia, regulating or limiting the rate of interest which may be charged, taken, received, or reserved, and any such provision is hereby preempted, and no civil or criminal penalty which would otherwise be applicable under such provision shall apply to such bank or affiliate or to any other person.”</content></subsection></quotedContent></content></section> <section class="firstIndent1 fontsize10"> <num value="303"><inline class="smallCaps">Sec.</inline> 303. </num><content>Section 5B of the Federal Home Loan Bank Act (12 U.S.C. 1425b) is amended by adding at the end thereof the following new subsection: <quotedContent><subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num><content>No member or nonmember association, institution, or bank or affiliate thereof, or any successor or assignee, or any endorser, guarantor, or surety thereof may plead, raise, or claim, directly or by counterclaim, setoff, or otherwise, with respect to any deposit or obligation of such member or nonmember association, institution, bank or affiliate, <page identifier="/us/stat/88/1561">88 <inline class="smallCaps">Stat.</inline> 1561</page>any defense, right, or benefit under any provision of a statute or constitution of a State or of a territory of the United States, or of any law of the District of Columbia, regulating or limiting the rate of interest which may be charged, taken, received, or reserved, and any such provision is hereby preempted, and no civil or criminal penalty which would otherwise be applicable under such provision shall apply to such member or nonmember association, institution, bank, or affiliate or to any other person.”</content></subsection></quotedContent></content></section> <section class="firstIndent1 fontsize10"> <num value="304"><inline class="smallCaps">Sec.</inline> 304. </num><content>The amendments made by this title shall apply to any <sidenote><p class="firstIndent1 fontsize8">Effective date.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s371b–1">12 USC 371b–1 note</ref>.</p></sidenote>deposit made or obligation issued in any State after the date of enactment of this title, but prior to the earlier of (1) July 1, 1977 or (2) the date (after such date of enactment) on which the State enacts a provision of law which limits the amount of interest which may be charged in connection with deposits or obligations referred to in the amendments made by this title.</content></section> Approved October 29, 1974.
Public Law 93–502: To amend section 552 of title 5, United States Code, known as the Freedom of Information Act. Public Law 502 Public Law 93–502 88 Stat. 1561 1974-11-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–502 93rd Congress
AN ACT To amend section 552 of title 5, United States Code, known as the Freedom of Information Act.

November 21, 1974

[H. R. 12471]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) the fourth

Public information.

Indexes, publication and distribution.

sentence of section 552(a) (2) of title 5, United States Code, is amended to read as follows: “Each agency shall also maintain and make available for public inspection and copying current indexes providing identifying information for the public as to any matter issued, adopted, or promulgated after July 4, 1967, and required by this paragraph to be made available or published. Each agency shall promptly publish, quarterly or more frequently, and distribute (by sale or otherwise) copies of each index or supplements thereto unless it determines by order published in the Federal Register that the publication would

Publication in Federal Register.

be unnecessary and impracticable, in which case the agency shall nonetheless provide copies of such index on request at a cost not to exceed the direct cost of duplication.”. (b)(1) Section 552(a) (3) of title 5, United States Code, is amended Records, availability to public. to read as follows: “(3) Except with respect to the records made available under paragraphs (1) and (2) of this subsection, each agency, upon any request for records which (A) reasonably describes such records and (B) is made in accordance with published rules stating the time, place, fees (if any), and procedures to be followed, shall make the records promptly available to any person.”. (2) Section 552(a) of title 5, United States Code, is amended by

Document search and duplication fess, regulations.

redesignating paragraph (4), and all references thereto, as paragraph (5) and by inserting immediately after paragraph (3) the following new paragraph: “(4) (A) In order to carry out the provisions of this section, each agency shall promulgate regulations, pursuant to notice and receipt of public comment, specifying a uniform schedule of fees applicable to all constituent units of such agency. Such fees shall be limited to reasonable standard charges for document search and duplication and provide for recovery of only the direct costs of such search and duplication. Documents shall be furnished without charge or at a reduced charge where the agency determines that waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefiting the general public. 88 Stat. 1562

Withheld agency records, court examination.

 “(B) On complaint, the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, has jurisdiction to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant. In such a case the court shall determine the matter do novo, and may examine the contents of such agency records in camera to determine whether such records or any part thereof shall be withheld under any of the exemptions set forth in subsection (b) of this section, and the burden is on the agency to sustain its action.

Complaints, response by defendant.

 “(C) Notwithstanding any other provision of law, the defendant shall serve an answer or otherwise plead to any complaint made under this subsection within thirty days after service upon the defendant of the pleading in which such complaint is made, unless the court otherwise directs for good cause shown. “(D) Except as to cases the court considers of greater importance, proceedings before the district court, as authorized by this subsection, and appeals therefrom, take precedence on the docket over all cases and shall be assigned for hearing and trial or for argument at the earliest practicable date and expedited in every way.

Attorney fees and costs.

 “(E) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which the complainant has substantially prevailed.

CSC proceeding against officer or employee.

 “(F) Whenever the court orders the production of any agency records improperly withheld from the complainant and assesses against the United States reasonable attorney fees and other litigation costs, and the court additionally issues a written finding that the circumstances surrounding the withholding raise questions whether agency personnel acted arbitrarily or capriciously with respect to the withholding, the Civil Service Commission shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding. The Commission, after investigation and consideration of the evidence submitted, shall submit its findings and recommendations to the administrative authority of the agency concerned and shall send copies of the findings and recommendations to the officer or employee or his representative. The administrative authority shall take the corrective action that the Commission recommends.

Noncompliance, penalty.

 “(G) In the event of noncompliance with the order of the court, the district court may punish for contempt the responsible employee, and in the case of a uniformed service, the responsible member.”.

Administrative deadlines.

 (c) Section 552(a) of title 5, United States Code, is amended by adding at the end thereof the following new paragraph: “(6) (A) Each agency, upon any request for records made under paragraph (1), (2), or (3) of this subsection, shall— “(i) determine within ten days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of any such request whether to comply with such request and shall immediately notify the person making such request of such determination and the reasons therefor, and of the right of such person to appeal to the head of the agency any adverse determination; and “(ii) make a determination with respect to any appeal within twenty days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of such appeal. If on appeal the denial of the request for records is in whole or in part upheld, the agency shall notify the person making such request of the provisions for judicial review of that determination under paragraph (4) of this subsection. 88 Stat. 1563 “(B) In unusual circumstances as specified in this subparagraph, the time limits prescribed in either clause (i) or clause (ii) of subparagraph (A) may be extended by written notice to the person making such request setting forth the reasons for such extension and the date on which a determination is expected to be dispatched. No such notice shall specify a date that would result in an extension for more than ten working days. As used in this subparagraph, ‘unusual circumstances’

“Unusual circumstances.”

means, but only to the extent reasonably necessary to the proper processing of the particular request— “(i) the need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request; “(ii) the need to search for collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or “(iii) the need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject-matter interest therein. “(C) Any person making a request to any agency for records under paragraph (1), (2), or (3) of this subsection shall be deemed to have exhausted his administrative remedies with respect to such request if the agency fails to comply with the applicable time limit provisions of this paragraph. If the Government can show exceptional circumstances

Time extension for agency review.

exist and that the agency is exercising due diligence in responding to the request, the court may retain jurisdiction and allow the agency additional time to complete its review of the records. Upon any determination by an agency to comply with a request for records, the records shall be made promptly available to such person making such request. Any notification of denial of any request, for records under this subsection shall set forth the names and titles or positions of each person responsible for the denial of such request.”.
Sec. 2. (a) Section 552(b)(1) of title 5, United States Code, is

National defense and foreign policy, exemption.

amended to read as follows: “(1) (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified pursuant to such Executive order;”. (b) Section 552(b)(7) of title 5, United States Code, is amended

Investigatory records for law enforcement purposes, exemption.

to read as follows: “(7) investigatory records compiled for law enforcement purposes, but only to the extent that the production of such records would (A) interfere with enforcement proceedings. (B) deprive a person of a right to a fair trial or an impartial adjudication, (C) constitute an unwarranted invasion of personal privacy, (D) disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source. (E) disclose investigative techniques and procedures, or (F) endanger 88 Stat. 1564the life or physical safety of law enforcement personnel;”.

Segregable portions of records.

 (c) Section 552(h) of title 5, United States Code, is amended by adding at the end the following: “Any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt under this subsection.”.

Reports to Speaker of the House and President of the Senate.
Sec. 3. Section 552 of title 5, United States Code, is amended by adding at the end thereof the following new subsections: “(d) On or before March 1 of each calendar year, each agency shall submit a report covering the preceding calendar year to the Speaker of the House of Representatives and President of the Senate for

Contents.

referral to the appropriate committees of the Congress. The report shall include— “(1) the number of determinations made by such agency not to comply with requests for records made to such agency under subsection (a) and the reasons for each such determination; “(2) the number of appeals made by persons under subsection

Ante, p. 1562.

(a) (6), the result of such appeals, and the reason for the action upon each appeal that results in a denial of information; “(3) the names and titles or positions of each person responsible for the denial of records requested under this section, and the number of instances of participation for each; “(4) the results of each proceeding conducted pursuant to subsection (a)(4)(F), including a report of the disciplinary action taken against the officer or employee who was primarily responsible for improperly withholding records or an explanation of why disciplinary action was not taken; “(5) a copy of every rule made by such agency regarding this section; “(6) a copy of the fee schedule and the total amount of fees collected by the agency for making records available under this section; and “(7) such other information as indicates efforts to administer fully this section.

Annual report.

 The Attorney General shall submit an annual report on or before March 1 of each calendar year which shall include for the prior calendar year a listing of the number of cases arising under this section, the exemption involved in each case, the disposition of such case, and the cost, fees, and penalties assessed under subsections (a)(4)

Ante, p. 1561.

(E), (F), and (G). Such report shall also include a description of the efforts undertaken by the Department of Justice to encourage agency compliance with this section.

“Agency.”

5 USC 551.

 “(e) For purposes of this section, the term ‘agency’ as defined in section 551(1) of this title includes any executive department, military department. Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency.”.

Effective date.

5 USC 552 note.
Sec. 4. The amendments made by this Act shall take effect on the ninetieth day beginning after the date of enactment of this Act.
Carl Albert Speaker of the House of Representatives. James O. Eastland President of the Senate, pro tempore. 88 Stat. 1565 IN THE HOUSE OF REPRESENTATIVES, U.S.,

November 20, 1974.

The House of Representatives having proceeded to reconsider the bill (H.R. 12471) entitled “An Act to amend section 552 of title 5, United States Code, known as the Freedom of Information Act”, returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was

Resolved,

That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same.

Attest: W. Pat Jennings Clerk. By W. Raymond Colley I certify that this Act originated in the House of Representatives. W. Pat Jennings Clerk. By W. Raymond Colley IN THE SENATE OF THE UNITED STATES,

November 21, 1974.

The Senate having proceeded to reconsider the bill (H. R. 12471) entitled “An Act to amend section 552 of title 5, United States Code, known as the Freedom of Information Act”, returned by the President of the United States with his objections to the House of Representatives, in which it originated, it was

Resolved,

That the said bill pass, two-thirds of the Senators present having voted in the affirmative.

Attest: Francis R. Valeo Secretary.
Public Law 93–503: To amend the Urban Mass Transportation Act of 1964 to provide increased assistance for mass transportation systems. Public Law 503 Public Law 93–503 88 Stat. 1565 1974-11-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–503 93rd Congress
AN ACT To amend the Urban Mass Transportation Act of 1964 to provide increased assistance for mass transportation systems.

November 26, 1974

[S. 386]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

National Mass Transportation Assistance Act of 1974.

49 USC 1601b note.

be cited as the “National Mass Transportation Assistance Act of 1974”.
88 Stat. 1566

49 US 1601b.
findings Sec. 2. The Congress finds that— (1) over 70 per centum of the Nation's population lives in urban areas; (2) transportation is the lifeblood of an urbanized society and the health and welfare of that society depends upon the provision of efficient economical and convenient transportation within and between its urban area; (3) for many years the mass transportation industry satisfied the transportation needs of the urban areas of the country capably and profitably; (4) in recent years the maintenance of even minimal mass transportation service in urban areas has become so financially burdensome as to threaten the continuation of this essential public service; (5) the termination of such service or the continued increase in its cost to the user is undesirable, and may have a particularly serious adverse effect upon the welfare of a substantial number of lower income persons; (6) some urban areas are now engaged in developing preliminary plans for, or are actually carrying out, comprehensive projects to revitalize their mass transportation operations; and (7) immediate substantial Federal assistance is needed to enable many mass transportation systems to continue to provide vital service.
<num value="I">TITLE I—</num> <heading class="inline">INCREASED MASS TRANSPORTATION ASSISTANCE</heading> <section><heading class="smallCaps centered">authorization</heading> <num value="101"><inline class="smallCaps">Sec.</inline> 101. </num><subsection class="inline"><num value="a">(a) </num><content>The first sentence of section 4(c) of the Urban Mass <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1603">49 USC 1603</ref>.</p></sidenote>Transportation Act of 1964 is amended by striking out “<quotedText>$6,100,000,000</quotedText>” and inserting in lieu thereof “<quotedText>$10,925,000,000</quotedText>”.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>Section 4(c) of such Act is further amended by adding at the end thereof the following new sentence: “<quotedText>Of the total amount available <sidenote><p class="firstIndent1 fontsize8"><i>Post,</i> p. 1567.</p></sidenote>to finance activities under this Act (other than under section 5) on and after the date of the enactment of the National Mass Transportation <sidenote><p class="firstIndent1 fontsize8"><i>Supra.</i></p></sidenote>Assistance Act of 1974, not to exceed $500,000,000 shall be available exclusively for assistance in areas other than urbanized areas (as defined in section 5(a)(3)).</quotedText>”</content></subsection></section> <section><heading class="smallCaps centered">transportation planning</heading> <num value="102"><inline class="smallCaps">Sec.</inline> 102. </num><chapeau>Section 3(a) of the Urban Mass Transportation Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1602">49 USC 1602</ref>.</p></sidenote>1964 is amended—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by inserting “<quotedText>(1)</quotedText>” after “<quotedText><inline class="smallCaps">Sec.</inline> 3. (a)</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by redesignating clauses (1) and (2) of the third sentence as clauses (A) and (B) respectively;</content> <page identifier="/us/stat/88/1567">88 <inline class="smallCaps">Stat.</inline> 1567</page> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>by striking out the sixth and seventh sentences; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>by adding at the end thereof the following: <quotedContent><paragraph class="indent1 fontsize10"><num value="2">“(2) </num><content>It is declared to be in the national interest to encourage and promote the development of transportation systems, embracing various modes of transport in a manner that will serve the States and local communities efficiently and effectively. To accomplish this objective the Secretary shall cooperate with the States in the development of long-range plans and programs which are properly coordinated with plans for improvements in other affected forms of transportation and which are formulated with due consideration to their probable effect on the future development of urban areas of more than fifty thousand population. The development of projects in urbanized areas under this section shall lie based upon a continuing, cooperative, and comprehensive planning process covering all modes of surface transportation and carried on by the States and the governing bodies of local communities in accordance with this paragraph. The Secretary shall not approve any project in an urbanized area after July 1, 1976. under this section unless he finds that such project is based on a continuing comprehensive transportation planning process carried on in conformance with the objectives stated in this paragraph.”</content></paragraph></quotedContent></content> </paragraph></section> <section><heading class="smallCaps centered">formula grant program</heading> <num value="103"><inline class="smallCaps">Sec.</inline> 103. </num><subsection class="inline"><num value="a">(a) </num><content>The Urban Mass Transportation Act of 1964 is amended by striking out section 5 and inserting in lieu thereof the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1604">49 USC 1604</ref>.</p></sidenote>following new section: <quotedContent><section><heading class="smallCaps centered">“urban mass transit program</heading> <num value="5"><inline class="smallCaps">“Sec.</inline> 5. </num><subsection class="inline"><num value="a">(a) </num><chapeau>As used in this section—</chapeau> <sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote> <paragraph class="indent1 fontsize10"><num value="1">“(1) </num><content>the term ‘construction’ means the supervising, inspecting, actual building, and all expenses incidental to the acquisition, construction, or reconstruction of facilities and equipment for use in mass transportation, including designing, engineering, locating, surveying, mapping, acquisition of rights-of-way, relocation assistance, and acquisition and replacement of housing sites;</content></paragraph> <paragraph class="indent1 fontsize10"><num value="2">“(2) </num><content>the term ‘Governor' means the Governor, or his designate, of any one of the fifty States or of Puerto Rico, and the Mayor of the District of Columbia; and</content></paragraph> <paragraph class="indent1 fontsize10"><num value="3">“(3) </num><content>the term ‘urbanized area’ means an area so designated by the Bureau of the Census, within boundaries which shall be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary, and which shall at a minimum, in the case of any such area, encompass the entire urbanized area within the State as designated by the Bureau of the Census.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1) </num><chapeau>The Secretary shall apportion for expenditure in fiscal <sidenote><p class="firstIndent1 fontsize8">Apportionment formula.</p></sidenote>years 1975 through 1980 the sums authorized by subsection (c). Such sums shall be made available for expenditure in urbanized areas or parts thereof on the basis of a formula under which urbanized areas or part thereof will be entitled to receive an amount equal to the sum of—</chapeau> <subparagraph class="indent2 fontsize10"><num value="A">“(A) </num><content>one-half of the total amount so apportioned multiplied by the ratio which the population of such urbanized area or part thereof, as designated by the Bureau of the Census, bears to the total population of all the urbanized areas in all the States as shown by the latest available Federal census; and</content></subparagraph> <page identifier="/us/stat/88/1568">88 <inline class="smallCaps">Stat.</inline> 1568</page> <subparagraph class="indent2 fontsize10"><num value="B">“(B) </num><content>one-half of the total amount so apportioned multiplied by a ratio for that urbanized area determined on the basis of population weighted by a factor of density, as determined by the Secretary.</content></subparagraph> <sidenote><p class="firstIndent1 fontsize8">“Density.”</p></sidenote> <continuation class="indent0 firstIndent0 fontsize10">As used in the preceding sentence, the term ‘density’ means the number of inhabitants per square mile.</continuation></paragraph> <paragraph class="indent1 fontsize10"><num value="2">“(2) </num><content>The Governor, responsible local officials and publicly-owned operators of mass transportation services, in accordance with the procedures required under section (g)(1), with the concurrence of the Secretary, shall designate a recipient to receive and dispense the funds apportioned under paragraph (1) that are attributable to urbanized areas of two hundred thousand or more population. In any case in which a statewide or regional agency or instrumentality is responsible under State laws for the financing, construction and operation, directly, by lease, contract, or otherwise, of public transportation services, such agency or instrumentality shall be the recipient to <sidenote><p class="firstIndent1 fontsize8">“Designated recipient.”</p></sidenote>receive and dispense such funds. The term ‘designated recipient’ as used in this Act shall refer to the recipient selected according to the procedures required by this paragraph.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="3">“(3) </num><content>Sums apportioned under paragraph (1) not made available for expenditure by designated recipients in accordance with the terms of paragraph (2) shall be made available to the Governor for expenditure in urbanized areas or parts thereof in accordance with the procedures required under subsection (g) (1).</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c)</num><paragraph class="inline"><num value="1">(1) </num><content>To finance grants under this section, the Secretary may incur obligations on behalf of the United States in the form of grants, contracts, agreements, or otherwise in an aggregate amount not to <sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote>exceed $3,975,000,000. There are authorized to be appropriated for liquidation of the obligations incurred under this paragraph not to exceed $300,000,000prior to the close of fiscal year 1975; not to exceed $500,000,000 prior to the close of fiscal year 1976; not to exceed $650,000,000 prior to the close of fiscal year 1977; not to exceed $775,000,000 prior to the close of fiscal year 1978; not to exceed $850,000,000 prior to the close of fiscal year 1979; and not to exceed $900,000,000 prior to the close of fiscal year 1980. Sums so appropriated shall remain available until expended.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="2">“(2) </num><content>Sums apportioned under this section shall be available for obligation by the Governor or designated recipient for a period of two years following the close of the fiscal year for which such sums are apportioned, and any amounts so apportioned remaining unobligated at the end of such period shall lapse and shall be returned to the Treasury for deposit as miscellaneous receipts.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><paragraph class="inline"><num value="1">(1) </num><content>The Secretary may approve as a project under this section, on such terms and conditions as he may prescribe, (A) the acquisition, construction, and improvement of facilities and equipment for use, by operation or lease or otherwise, in mass transportation service, and (B) the payment of operating expenses to improve or to continue such service by operation, lease, contract, or otherwise.</content></paragraph> <sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote> <paragraph class="indent1 fontsize10"><num value="2">“(2) </num><content>The Secretary shall issue such regulations as he deems necessary to administer this subsection and subsection (e), including regulations regarding maintenance of effort by States, local governments, and local public bodies, the appropriate definition of operating expenses, and requirements for improving the efficiency of transit services.</content></paragraph></subsection> <sidenote><p class="firstIndent1 fontsize8">Construction grants, limitation.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num><content>The Federal grant for any construction project under this section shall not exceed 80 per centum of the cost of the construction project, as determined under section 4(a) of this Act. The Federal <page identifier="/us/stat/88/1569">88 <inline class="smallCaps">Stat.</inline> 1569</page>grant for any project for the payment of subsidies for operating expenses shall not exceed 50 per centum of the cost of such operating expense project. The remainder shall be provided in cash, from sources other than Federal funds or revenues from the operation of public mass transportation systems. Any public or private transit system funds so provided shall be solely from undistributed cash surpluses, replacement or depreciation funds or reserves available in cash, or new capital.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="f">“(f) </num><content>Federal funds available for expenditure for mass transportation projects under this section shall be supplementary to and not in substitution for the average amount of State and local government funds and other transit revenues such as advertising, concessions, and property leases, expended on the operation of mass transportation service in the area involved for the two fiscal years preceding the fiscal year for which the funds are made available; But nothing in this sentence shall be construed as preventing State or local tax revenues which are used for the operation of mass transportation service in the area involved from being credited (to the extent necessary) toward the non-Federal share of the cost of the project for purposes of the preceding sentence.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="g">“(g)</num><paragraph class="inline"><num value="1">(1) </num><content>It is declared to be in the national interest to encourage <sidenote><p class="firstIndent1 fontsize8">Long-range plans and programs.</p></sidenote>and promote the development of transportation systems, embracing various modes of transport in a manner that will serve the States and local communities efficiently and effectively. To accomplish this objective the Secretary shall cooperate with the States in the development of long-range plans and programs which are properly coordinated with plans for improvement in other affected forms of transportation and which are formulated with due consideration to their probable effect on the future development of urban areas of more than fifty thousand population. The development of projects in urbanized areas under this section shall be based upon a continuing, cooperative, and comprehensive planning process covering all modes of surface transportation and carried on by the States and the governing bodies of local communities in accordance with this paragraph. The Secretary shall not approve any project in an urbanized area after July 1, 1976, under this section unless he finds that such project is based on a continuing comprehensive transportation planning process carried on in conformance with the objectives stated in this paragraph.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="2">“(2) </num><content>The Governor or designated recipient shall submit to the <sidenote><p class="firstIndent1 fontsize8">Program of projects, submittal to Secretary of Transportation.</p></sidenote>Secretary for his approval a program of projects for utilization of the funds authorized, which shall be based on the continuing comprehensive planning process of paragraph (1). The Secretary shall act upon programs submitted to him as soon as practicable, and he may approve a program in whole or in part.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="3">“(3) </num><content>An applicant for assistance under this section (other than a <sidenote><p class="firstIndent1 fontsize8">Submittal to Governor.</p></sidenote>Governor) shall submit the program or programs to the Governor of the State affected, concurrently with submission to the Secretary. If within thirty days thereafter the Governor submits comments to the Secretary, the Secretary shall consider such comments before taking final action on the program or programs.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="h">“(h)</num><paragraph class="inline"><num value="1">(1) </num><content>The Governor or the designated recipient of the urbanized <sidenote><p class="firstIndent1 fontsize8">Surveys, plans, and specifications.</p></sidenote>area shall submit to the Secretary for his approach such surveys, plans, specifications, and estimates for each proposed project as the Secretary may require. The Secretary shall act upon such surveys, plans, specifications, and his entering into a grant or contract agreement with respect to any such project shall be a contractual obligation of the Federal Government for the payment of its proportional contribution thereto.</content></paragraph> <page identifier="/us/stat/88/1570">88 <inline class="smallCaps">Stat.</inline> 1570</page> <paragraph class="indent1 fontsize10"><num value="2">“(2) </num><chapeau>In approving any project under this section, the Secretary shall assure that possible adverse economic, social, and environmental effects relating to the proposed project have been fully considered in developing the project, and that the final decisions on the project are made in the best overall public interest, taking into consideration the need for fast, safe, and efficient transportation, public services, and conservation of environment and natural resources, and the costs of eliminating or minimizing any such adverse effects, including—</chapeau> <subparagraph class="indent2 fontsize10"><num value="A">“(A) </num><content>air, noise, and water pollution;</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="B">“(B) </num><content>destruction or disruption of manmade and natural resources, esthetic values, community cohesion, and the availability of public facilities and services;</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="C">“(C) </num><content>adverse employment effects, and tax and property value losses;</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="D">“(D) </num><content>injurious displacement of people, businesses, and farms; and</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="E">“(E) </num><content>disruption of desirable community and regional growth.</content></subparagraph></paragraph></subsection> <sidenote><p class="firstIndent1 fontsize8">Hearings.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="i">“(i) </num><content>Upon submission for approval of a proposed project under this section, the Governor or the designated recipient of the urbanized area shall certify to the Secretary that he or it has conducted public hearings (or has afforded the opportunity for such hearings) and that these hearings included (or were scheduled to include) consideration of the economic and social effects of such project, its impact on <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1857">42 USC 1857 note</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s1151">33 USC 1151 note</ref>.</p></sidenote>the environment, including requirements under the Clean Air Act, the Federal Water Pollution Control Act, and other applicable Federal environmental statutes, and its consistency with the goals and objectives of such urban planning as has been promulgated by the community. Such certification shall be accompanied by (1) a report which indicates the consideration given to the economic, social, environmental, and other effects of the proposed project, including, for construction projects, the effects of its location or design, and the consideration given to the various alternatives which were raised during the hearing or which were otherwise considered, and (2) upon the Secretary’s request, a copy of the transcript of the hearings.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="j">“(j)</num><paragraph class="inline"><num value="1">(1) </num><content>The Secretary may discharge any of his responsibilities under this action with respect to a project under this section upon the request of any Governor or designated recipient of the urbanized area by accepting a certification by the Governor or his designee, or by the designated recipient of the urbanized area, if he finds that such project will be carried out in accordance with State laws, regulations, directives, and standards establishing requirements at least equivalent to those contained in, or issued pursuant to, this section.</content></paragraph> <sidenote><p class="firstIndent1 fontsize8">Final inspection or review.</p></sidenote> <paragraph class="indent1 fontsize10"><num value="2">“(2) </num><content>The Secretary shall make a final inspection or review of each such project upon its completion and shall require an adequate report of its estimated and actual cost, as well as such other information as he determines to be necessary.</content></paragraph> <sidenote><p class="firstIndent1 fontsize8">Guidelines and regulations.</p></sidenote> <paragraph class="indent1 fontsize10"><num value="3">“(3) </num><content>The Secretary shall promulgate such guidelines and regulations as may be necessary to carry out this subsection.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="4">“(4) </num><content>Acceptance by the Secretary of a certification under this section may be rescinded by the Secretary at any time if, in his opinion, it is necessary to do so.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="5">“(5) </num><content>Nothing in this section shall affect or discharge any responsibility or obligation of the Secretary under any other Federal law, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), section 4(f) of the Department of Transportation Act (49 U.S.C. 1653(f)), title VI of the Civil Rights Act of 1964 (42 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2000d">42 USC 2000d</ref>.</p></sidenote>U S.C. 200(d) et seq.), title VIII of the Act of April 11, 1968 (Public Law 90-284, 42 U.S.C. 3601 et seq.), and the Uniform Relocation <page identifier="/us/stat/88/1571">88 <inline class="smallCaps">Stat.</inline> 1571</page>Assistance and Land Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).</content></paragraph></subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4601">42 USC 4601 note</ref>.</p> <p class="firstIndent1 fontsize8">Formal project agreement.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="k">“(k) </num><paragraph class="inline"><num value="1">(1) </num><content>As soon as practicable after the plans, specifications, and estimates for a specific project under this section have been approved, the Secretary shall enter into a formal project agreement with the Governor, his designee or the designated recipient of the urbanized area. Such project agreement shall make provision for non-Federal funds required for the State’s or designated recipient’s pro rata share of the cost of the project.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="2">“(2) </num><content>The Secretary may rely upon representations made by the applicant with respect to the arrangements or agreements made by the Governor or the designated recipient where a part of the project involved is to be constructed at the expense of, or in cooperation with, local subdivisions of the State.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="3">“(3) </num><content>The Secretary is authorized, notwithstanding the provisions of section 3648 of the Revised Statutes, as amended, to make advance <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s529">31 USC 529</ref>.</p></sidenote>or progress payments on account of any grant or contract made pursuant to this section, on such terms and conditions as he may prescribe.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="l">“(l) </num><content>The Secretary shall not approve any project under this section unless he finds that such project is needed to carry out a program, meeting criteria established by him, for a unified or officially coordinated urban transportation system as a part of the comprehensively planned development of the urban area, and is necessary for the sound, economic, and desirable development of such area, and that the applicant or responsible agency has the legal, financial, and technical capacity to carry out the proposed project. A project under this section may not be undertaken unless the responsible public officials of the urbanized area in which the project is located have been consulted and, except for projects solely to pay subsidies for operating expenses, their views considered with respect to the corridor, location, and design of the project.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="m">“(m) </num><content>The Secretary shall not approve any project under this section <sidenote><p class="firstIndent1 fontsize8">Fares for elderly and handicapped persons.</p></sidenote>unless the applicant agrees and gives satisfactory assurances, in such manner and form as may be required by the Secretary and in accordance with such terms and conditions as the Secretary may prescribe, that the rates charged elderly and handicapped persons during nonpeak hours for transportation utilizing or involving the facilities and equipment of the project financed with assistance under this section will not exceed one-half of the rates generally applicable to other persons at peak hours, whether the operation of such facilities and equipment is by the applicant or is by another entity under lease or otherwise.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="n">“(n) </num><paragraph class="inline"><num value="1">(1) </num><content>The provisions of section 13(c) and section 3(e) (4) shall <sidenote><ref href="/us/usc/t49/s1609/1602">49 USC 1609, 1602</ref>.</sidenote>apply in carrying out mass transportation projects under this section.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="2">“(2) </num><content>The provision of assistance under this section shall not be construed as bringing within the application of chapter 15 of title 5, United States Code, any nonsupervisory employee of an urban mass <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s1501">5 USC 1501</ref>.</p></sidenote>transportation system (or of any other agency or entity performing related functions) to whom such chapter is otherwise inapplicable.”.</content></paragraph></subsection></section></quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>Section 4(a) of such Act is amended by striking out “<quotedText>Except as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1603">49 USC 1603</ref>.</p></sidenote>specified in section 5, no</quotedText>” and inserting in lieu thereof “<quotedText>No</quotedText>”.</content></subsection> </section> <section><heading class="smallCaps centered">eligibility of qua8i-public development corporations</heading> <num value="104"><inline class="smallCaps">Sec.</inline> 104. </num><subsection class="inline"><num value="a">(a) </num><content>The first sentence of section 3(a) of the Urban Mass Transportation Act of 1964 is amended by inserting “<quotedText>(1)</quotedText>” after <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1602">49 USC 1602</ref>.</p></sidenote>“<quotedText>financing</quotedText>”, and by inserting before the period at the end thereof the <page identifier="/us/stat/88/1572">88 <inline class="smallCaps">Stat.</inline> 1572</page>following: “<quotedText>, and (2) the establishment and organization of public or quasi-public transit corridor development corporations or entities</quotedText>”.</content></subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1602">49 USC 1602</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>The second sentence of section 3(a) of such Act is amended to read as follows: “<quotedText>Eligible facilities and equipment may include personal property including buses and other rolling stock and real property including land (but not public highways), within the entire zone affected by the construction and operation of transit improvements, including station sites, needed for an efficient and coordinated mass transportation system which is compatible with socially, economically, and environmentally sound patterns of land use.</quotedText>”</content></subsection></section> <section><heading class="smallCaps centered">coordination of urban mass transit programs with model cities programs</heading> <num value="105"><inline class="smallCaps">Sec.</inline> 105. </num><chapeau>Section 103(a) of the Demonstration Cities and Metropolitan <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3303">42 USC 3303</ref>.</p></sidenote>Development Act of 1966 is amended—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively, and</content> </paragraph> <paragraph class="indent1 fontsize10"><num value="2">(2) </num><content>by inserting after paragraph (3) the following new paragraph: <quotedContent><paragraph class="indent1 fontsize10"><num value="4">“(4) </num><content>any program which includes a transportation component as a project or activity to be undertaken meets the requirements <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1602">49 USC 1602</ref>.</p></sidenote>of section 3(e) of the Urban Mass Transportation Act of 1964;”.</content></paragraph></quotedContent></content></paragraph></section> <section><heading class="smallCaps centered">procurement</heading> <num value="106"><inline class="smallCaps">Sec.</inline> 106. </num><content>The fifth sentence of section 3(a) of the Urban Mass Transportation Act of 1964 is amended by inserting before the period at the end thereof the following: “<quotedText>, nor shall any grant or loan funds be used to support procurements utilizing exclusionary or discriminatory specifications</quotedText>”.</content></section> <section><heading class="smallCaps centered">investigation of safety hazards in urban mass transportation systems</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1604a">49 USC 1604a</ref>.</p></sidenote> <num value="107"><inline class="smallCaps">Sec.</inline> 107. </num><content>The Secretary of Transportation shall investigate unsafe conditions in any facility, equipment, or manner of operation financed under this Act which creates a serious hazard of death or injury for the purpose of determining its nature and extent and the means which might best be employed to eliminate or correct it. If the Secretary determines that such facility, equipment, or manner of operation is unsafe, he shall require the State or local public body or agency to submit to the Secretary a plan for correcting the unsafe facility, equipment, or manner of operation, and the Secretary may withhold further financial assistance to the applicant until such plan is approved or implemented.</content></section> <section> <heading class="smallCaps centered">fares for elderly and handicapped persons</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1604b">49 USC 1604b</ref>.</p></sidenote> <num value="108"><inline class="smallCaps">Sec.</inline> 108. </num><content>Nothing contained in this title shall require the charging of fares to elderly and handicapped persons.</content></section> <section> <heading class="smallCaps centered">school bus operations</heading> <num value="109"><inline class="smallCaps">Sec.</inline> 109. </num><subsection class="inline"><num value="a">(a) </num><content>Section 3 of the Urban Mass Transportation Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1602">49 USC 1602</ref>.</p></sidenote>1964 is amended by adding at the end thereof (immediately after subsection (f)) the following new subsection: <quotedContent><subsection class="firstIndent1 fontsize10"><num value="g">“(g) </num><content>No Federal financial assistance shall be provided under this Act for the construction or operation of facilities and equipment for <page identifier="/us/stat/88/1573">88 <inline class="smallCaps">Stat.</inline> 1573</page>use in providing public mass transportation service to any applicant for such assistance unless such applicant and the Secretary shall have first entered into an agreement that such applicant will not engage in schoolbus operations, exclusively for the transportation of students and school personnel, in competition with private schoolbus operators. This subsection shall not apply to an applicant with respect to operation of a schoolbus program if the applicant operates a school system in the area to be served and operates a separate and exclusive schoolbus program for this school system. This subsection shall not apply unless private schoolbus operators are able to provide adequate transportation, at reasonable rates, and in conformance with applicable safety standards; and this subsection shall not apply with respect to any State or local public body or agency thereof if it (or a direct predecessor in interest from which it acquired the function of so transporting schoolchildren and personnel along with facilities to be used therefor) was so engaged in schoolbus operations any time during the twelve-month period immediately prior to the date of the enactment of this subsection. A violation of an agreement under this subsection shall bar such applicant from receiving any other Federal financial assistance under this Act.”</content></subsection></quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>The first sentence of section 3(f) of such Act is amended by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1602">49 USC 1602</ref>.</p></sidenote>striking out “<quotedText>purchase of buses</quotedText>” each place it appears and inserting in lieu thereof “<quotedText>purchase or operation of buses</quotedText>”.</content></subsection> </section> <section><heading class="smallCaps centered">alternate use of capital grants</heading> <num value="110"><inline class="smallCaps">Sec.</inline> 110. </num><content>Section 3 of the Urban Mass Transportation Act of 1964 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1602">49 USC 1602</ref>.</p></sidenote>is amended by adding at the end thereof (after the new subsection added by section 109 of this Act) the following new subsection: <quotedContent><subsection class="firstIndent1 fontsize10"><num value="h">“(h) </num><content>Notwithstanding any other provision of this Act, or of any contract or agreement entered into under this Act, up to one-half of any financial assistance provided under this Act (other than under section 5) to any State or local public body or agency thereof for the fiscal year 1975 or any subsequent fiscal year may, at the option of such State or local public body or agency, be used exclusively for the payment of operating expenses (incurred in connection with the provision of mass transportation service in an urban area or areas) to improve or to continue such service, if the Secretary finds (in any case where the financial assistance to be so used was originally provided for another project) that effective arrangements have been made to substitute and, by the end of the fiscal year following the fiscal year for which such sums are used, make available (for such other project) an equal amount of State or local funds (in addition to any State or local funds otherwise required by this Act to be contributed toward the cost of such project). Any amounts used for the payment of operating expenses pursuant to this subsection shall be subject to such terms and conditions (including the requirement for local matching contributions), required for the payment of operating expenses under other provisions of this Act, as the Secretary may deem necessary and appropriate.”</content></subsection></quotedContent></content></section> <section><heading class="smallCaps centered">data and financial reporting systems</heading> <num value="111"><inline class="smallCaps">Sec.</inline> 111. </num><content>Section 15 of the Urban Mass Transportation Act of 1964 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1611">49 USC 1611</ref>.</p></sidenote>is amended by striking out the entire section and inserting in lieu thereof the following: <page identifier="/us/stat/88/1574">88 <inline class="smallCaps">Stat.</inline> 1574</page> <quotedContent><section><heading class="smallCaps centered">“reporting system</heading> <num value="15">“<inline class="smallCaps">Sec.</inline> 15. </num><subsection class="inline"><num value="a">(a) </num><content>The Secretary shall by January 10, 1977, develop, test, and prescribe a reporting system to accumulate public mass transportation financial and operating information by uniform categories and a uniform system of accounts and records. Such systems shall be designed to assist in meeting the needs of individual public mass transportation systems, Federal, State, and local governments, and the public for information on which to base planning for public transportation services, and shall contain information appropriate to assist in the making of public sector investment decisions at all levels of government. The Secretary is authorized to develop and test these systems in consultation with interested persons and organizations. The Secretary is authorized to carry out this subsection independently, or by grant or contract (including working arrangements with other Federal, State, or local government agencies). The Secretary is authorized to request and receive such information or data as he deems appropriate from public or private sources.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>After July 1, 1978, the Secretary shall not make any grant <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1567.</p></sidenote>under section 5 unless the applicant for such grant and any person or organization to receive benefits directly from that grant are each subject to both the reporting system and the uniform system of accounts and records prescribed under subsection (a) of this section.”</content></subsection></section></quotedContent></content> </section> <num value="II">TITLE II—</num><heading class="inline">FARE-FREE MASS TRANSPORTATION</heading> <section><heading class="smallCaps centered">demonstrations</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1605">49 USC 1605 note</ref>.</p></sidenote> <num value="201"><inline class="smallCaps">Sec.</inline> 201. </num><content>The Secretary of Transportation (hereinafter referred to as the “Secretary”) shall enter into such contracts or other arrangements as may be necessary for research and the development, establishment, and operation of demonstration projects to determine the feasibility of fare-free urban mass transportation systems.</content></section> <sidenote><p class="firstIndent1 fontsize8">Federal grants, limitation.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1605">49 USC 1605 note</ref>.</p></sidenote> <section class="firstIndent1 fontsize10"><num value="202"><inline class="smallCaps">Sec.</inline> 202. </num><content>Federal grants or payments for the purpose of assisting such projects shall cover not to exceed 80 per centum of the cost of the project involved, including operating costs and the amortization of capital costs for any fiscal year for which such contract or other arrangement is in effect.</content></section> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1605">49 USC 1605 note</ref>.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec.</inline> 203. </num><chapeau>The Secretary shall select cities or metropolitan areas for such projects in accordance with the following:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>to the extent practicable, such cities or metropolitan areas shall have a failing or nonexistent or marginally profitable transit system, a decaying central city, automobile-caused air pollution problems, and an immobile central city population;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>several projects should be selected from cities or metropolitan areas of differing sizes and populations;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>a high level of innovative service must be provided including the provision of crosstown and other transportation service to the extent necessary for central city residents and others to reach employment, shopping, and recreation; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>to the extent practicable, projects utilizing different modes of mass transportation shall be approved.</content></paragraph> </section> <sidenote><p class="firstIndent1 fontsize8">Study.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1605">49 USC 1605 note</ref>.</p></sidenote> <section class="firstIndent1 fontsize10"><num value="204"><inline class="smallCaps">Sec.</inline> 204. </num><chapeau>The Secretary shall study fare-free systems assisted pursuant to this title, and other financially assisted urban mass transportation systems providing reduced fares for the purpose of determining the following:</chapeau> <page identifier="/us/stat/88/1575">88 <inline class="smallCaps">Stat.</inline> 1575</page> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>the effects of such systems on (i) vehicle traffic and attendant air pollution, congestion, and noise, (ii) the mobility of urban residents, and (iii) the economic viability of central city business;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>the mode of mass transportation that can best meet the desired objectives;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>the extent to which frivolous ridership increases as a result of reduced fare or fare-free systems;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>the extent to which the need for urban highways might be reduced as a result of reduced fare or fare-free systems; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content>the best means of financing reduced fare or fare-free transportation on a continuing basis.</content></paragraph></section> <section class="firstIndent1 fontsize10"><num value="205"><inline class="smallCaps">Sec.</inline> 205. </num><content>The Secretary shall make annual reports to the Congress <sidenote><p class="firstIndent1 fontsize8">Reports to Congress.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1605">49 USC 1605 note</ref>.</p></sidenote>on the information gathered pursuant to section 204 of this title and shall make a final report of his findings, including any recommendations he might have to implement such findings, not later than June 30, 1975.</content></section> <section class="firstIndent1 fontsize10"><num value="206"><inline class="smallCaps">Sec.</inline> 206. </num><content>In carrying out the provisions of this title, the Secretary <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1605">49 USC 1605 note</ref>.</p></sidenote>shall provide advisory participation by interested State and local government authorities, mass transportation systems management personnel, employee representatives, mass transportation riders, and any other persons that he may deem necessary or appropriate.</content></section> <section class="firstIndent1 fontsize10"><num value="207"><inline class="smallCaps">Sec.</inline> 207. </num><content>There are hereby authorized to be appropriated not to <sidenote><p class="firstIndent1 fontsize8">Appropriation.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1605">49 USC 1605 note</ref>.</p></sidenote>exceed $20,000,000 for each of the fiscal years ending on June 30, 1975, note, and June 30, 1976, respectively, to carry out the provisions of this title.</content> </section> <num value="III">TITLE III—</num><heading class="inline">RAILROAD GRADE CROSSINGS</heading> <section class="firstIndent1 fontsize10"><num value="301"><inline class="smallCaps">Sec.</inline> 301. </num><content>The Secretary of Transportation shall enter into such <sidenote><p class="firstIndent1 fontsize8">Hammond, Ind., demonstration project.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1605">49 USC 1605 note</ref>.</p></sidenote>arrangements as may be necessary to carry out a demonstration project in Hammond, Indiana, for the relocation of railroad lines for the purpose of eliminating highway railroad grade crossings. The Federal share payable on account of such project shall be that provided in section 120 of title 23, United States Code.</content></section> <section class="firstIndent1 fontsize10"><num value="302"><inline class="smallCaps">Sec.</inline> 302. </num><content>There are authorized to be appropriated to carry out this <sidenote><p class="firstIndent1 fontsize8">Appropriation.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1605">49 USC 1605 note</ref>.</p></sidenote>title not to exceed $14,000,000, except that two-thirds of all funds expended under authority of this section in any fiscal year shall be appropriated out of the Highway Trust Fund.</content></section> Approved November 26, 1974.
Public Law 93–504: To eliminate discrimination based on sex in the youth programs offered by the Naval Sea Cadet Corps. Public Law 504 Public Law 93–504 88 Stat. 1575 1974-11-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–504 93rd Congress
AN ACT To eliminate discrimination based on sex in the youth programs offered by the Naval Sea Cadet Corps.

November 29, 1974

[S. 3204]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 2 of

Naval sea Cadet Corps.

the Act entitled “An Act to incorporate the Naval Sea Cadet Corps”, approved September 10, 1962 (36 U.S.C. 1042), is amended by striking out “boys” and inserting in lieu thereof “young people”.
Approved November 29, 1974.
Public Law 93–505: To amend the Communications Act of 1934, as amended, to permit the Federal Communications Commission to grant radio station licenses in the safety and special and experimental radio services directly to aliens, representatives of aliens, foreign corporations, or domestic corporations with alien officers, directors, or stockholders; and to permit aliens holding such radio station licenses to be licensed as operators. Public Law 505 Public Law 93–505 88 Stat. 1576 1974-11-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1576 Public Law 93–505 93rd Congress
AN ACT To amend the Communications Act of 1934, as amended, to permit the Federal Communications Commission to grant radio station licenses in the safety and special and experimental radio services directly to aliens, representatives of aliens, foreign corporations, or domestic corporations with alien officers, directors, or stockholders; and to permit aliens holding such radio station licenses to be licensed as operators.

November 30, 1974

[S. 2457]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subsection (1)

Amateur radio operators, aliens.

Operation in U.S.

of section 303 of the Communications Act of 1934, as amended (47 U.S.C. 303(1)), is amended by deleting paragraphs (2) and (3) and inserting the following: “(2) Notwithstanding paragraph (1) of this subsection, an individual to whom a radio station is licensed under the provisions of this Act may be issued an operator’s license to operate that station. “(3) In addition to amateur operator licenses which the Commission may issue to aliens pursuant to paragraph (2) of this subsection, and

47 USC 301.

notwithstanding section 301 of this Act and paragraph (1) of this subsection, the Commission may issue authorizations, under such conditions and terms as it may prescribe, to permit an alien licensed by his government as an amateur radio operator to operate his amateur radio station licensed by his government in the United States, its possessions, and the Commonwealth of Puerto Rico provided there is in

Bilateral agreement.

effect a bilateral agreement between the United States and the alien’s government for such operation on a reciprocal basis by United States amateur radio operators. Other provisions of this Act and of the

5 USC note prec. 551.

Administrative Procedure Act shall not be applicable to any request or application for or modification, suspension, or cancellation of any such authorization.”
Sec. 2. Section 310 of the Communications Act of 1934, as amended (47 U.S.C. 310), is amended by deleting subsection (a), redesignating subsection (b) as subsection (d) and inserting the following new subsections (a), (b), and (c):

License restrictions.

 “(a) The station license required under this Act shall not be granted to or held by any foreign government or the representative thereof. “(b) No broadcast or common carrier or aeronautical en route or aeronautical fixed radio station license shall be granted to or held by— “(1) any alien or the representative of any alien; “(2) any corporation organized under the laws of any foreign government; “(3) any corporation of which any officer or director is an alien or of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country; “(4) any corporation directly or indirectly controlled by any other corporation of which any officer or more than one-fourth of the directors are aliens, or of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license. 88 Stat. 1577 “(c) In addition to amateur station licenses which the Commission may issue to aliens pursuant to this Act, the Commission may issue authorizations, under such conditions and terms as it may prescribe, to permit an alien licensed by his government as an amateur radio operator to operate his amateur radio station licensed by his government in the United States, its possessions, and the Commonwealth of Puerto Rico provided there is in effect a bilateral agreement between

Bilateral agreement.

the United States and the alien’s government for such operation on a reciprocal basis by United States amateur radio operators. Other provisions of this Act and of the Administrative Procedure Act shall

5 USC note prec. 551.

not be applicable to any request or application for or modification, suspension, or cancellation of any such authorization.”
Approved November 30, 1974.
Public Law 93–506: To amend subsection (b) of section 214 and subsection (c)(1) of section 222 of the Communications Act of 1934, as amended, in order to designate the Secretary of Defense (rather than the Secretaries of the Army and the Navy) as the person entitled to receive official notice of the filing of certain applications in the common carrier service and to provide notice to the Secretary of State where under section 214 applications involve service to foreign points. Public Law 506 Public Law 93–506 88 Stat. 1577 1974-11-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–506 93rd Congress
AN ACT To amend subsection (b) of section 214 and subsection (c)(1) of section 222 of the Communications Act of 1934, as amended, in order to designate the Secretary of Defense (rather than the Secretaries of the Army and the Navy) as the person entitled to receive official notice of the filing of certain applications in the common carrier service and to provide notice to the Secretary of State where under section 214 applications involve service to foreign points.

November 30, 1974

[S. 1479]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subsection (b)

Federal Communications Commission.

Certain common carrier applications, notice.

of section 214 of the Communications Act of 1934, as amended (47 U.S.C. 214(b)), is amended by deleting from the first sentence thereof “the Secretary of the Army, the Secretary of the Navy,” and inserting in lieu thereof “the Secretary of Defense, the Secretary of State (with respect to such applications involving service to foreign points),”.
Sec. 2. That subsection (c)(1) of section 222 of the Communications Act of 1934, as amended, is amended by deleting from the first sentence

47 USC 222.

thereof “the Secretary of the Army,” and “the Secretary of the Navy,” and inserting in lieu thereof “the Secretary of Defense,” immediately after “Secretary of State,” in such sentence.
Approved November 30, 1974.
Public Law 93–507: To amend section 415 of the Communications Act of 1934, as amended, to provide for a two-year period of limitations in proceedings against carriers for the recovery of overcharges or damages not based on overcharges. Public Law 507 Public Law 93–507 88 Stat. 1577 1974-11-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–507 93rd Congress
AN ACT To amend section 415 of the Communications Act of 1934, as amended, to provide for a two-year period of limitations in proceedings against carriers for the recovery of overcharges or damages not based on overcharges.

November 30, 1974

[S. 1227]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subsections (a),

Communications common carriers.

Proceedings by or against, limitation period, extension.

(b), and (c) of section 415 of the Communications Act of 1934, as amended (47 U.S.C. 415), are amended to read as follows: “(a) All actions at law by carriers for recovery of their lawful charges, or any part thereof, shall be begun, within two years from the time the cause of action accrues, and not after. “(b) All complaints against carriers for the recovery of damages not based on overcharges shall be filed with the Commission within two years from the time the cause of action accrues, and not after, subject to subsection (d) of this section. 88 Stat. 1578 “(c) For recovery of overcharges action at law shall be begun or complaint filed with the Commission against carriers within two years from the time the cause of action accrues, and not after, subject to subsection (d) of this section, except that if claim for the overcharge has been presented in writing to the carrier within the two-year period of limitation said period shall be extended to include two years from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice.”
Approved November 30, 1974.
Public Law 93–508: To amend title 38, United States Code, to increase vocational rehabilitation subsistence allowances, educational and training assistance allowances, and special allowances paid to eligible veterans and persons under chapters 31, 34, and 35 of such title; to improve and expand the special programs for educationally disadvantaged veterans and servicemen under chapter 34 of such title; to improve and expand the veteran-student services program; to establish an education loan program for veterans and persons eligible for benefits under chapter 34 or 35 of such title; to make other improvements in the educational assistance program and in the administration of educational benefits; to promote the employment of veterans and the wives and widows of certain veterans by improving and expanding the provisions governing the operation of the Veterans Employment Service, by increasing the employment of veterans by Federal contractors and subcontractors, and by providing for an action plan for the employment of disabled and Vietnam era veterans within the Federal Government; to codify and expand veterans reemployment rights; and for other purposes. Public Law 508 Public Law 93–508 88 Stat. 1578 1974-12-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–508 93rd Congress
AN ACT To amend title 38, United States Code, to increase vocational rehabilitation subsistence allowances, educational and training assistance allowances, and special allowances paid to eligible veterans and persons under chapters 31, 34, and 35 of such title; to improve and expand the special programs for educationally disadvantaged veterans and servicemen under chapter 34 of such title; to improve and expand the veteran-student services program; to establish an education loan program for veterans and persons eligible for benefits under chapter 34 or 35 of such title; to make other improvements in the educational assistance program and in the administration of educational benefits; to promote the employment of veterans and the wives and widows of certain veterans by improving and expanding the provisions governing the operation of the Veterans Employment Service, by increasing the employment of veterans by Federal contractors and subcontractors, and by providing for an action plan for the employment of disabled and Vietnam era veterans within the Federal Government; to codify and expand veterans reemployment rights; and for other purposes.

December 3, 1974

[H. R. 12628]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Vietnam Era Veterans’ Readjustment Assistance Act of 1974.

38 USC 1501 note.

be cited as the “Vietnam Era Veterans’ Readjustment Assistance Act of 1974”.
<num value="I">TITLE I—</num> <heading class="inline">VOCATIONAL REHABILITATION AND EDUCATIONAL AND TRAINING ASSISTANCE ALLOWANCE RATE ADJUSTMENTS</heading> <section class="firstIndent1 fontsize10"><num value="101"><inline class="smallCaps">Sec.</inline> 101. </num><chapeau>Chapter 31 of title 38, United States Code, is amended as follows:</chapeau> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1501">38 USC 1501</ref>.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by inserting in section 1501(2) a comma and “<quotedText>all appropriate individualized tutorial assistance,</quotedText>” after “<quotedText>counseling</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by striking out in section 1502(a) all after “<quotedText>if such disability</quotedText>” and inserting in lieu thereof “<quotedText>arose out of service during World War II or thereafter.</quotedText>”; and</content> <page identifier="/us/stat/88/1579">88 <inline class="smallCaps">Stat.</inline> 1579</page> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>by amending the table contained in section 1504(b) to read as follows: <sidenote><p class="firstIndent1 fontsize8">Subsistence allowances.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1504">38 USC 1504</ref>.</p></sidenote> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr><td style="text-align:center; vertical-align:bottom; width: 40%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">“Column I</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">Column II</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">Column III</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">Column IV</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black">Column V</td> </tr> <tr><td style="text-align:center; vertical-align:bottom; width: 40%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">Type of training</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">No dependents</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">One dependent</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">Two dependents</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black">More than two dependents</td> </tr> <tr><td style="text-align:center; vertical-align:bottom; width: 40%; border-right:1px solid black"></td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"></td> <td style="text-align:left; vertical-align:top; width: 15%; border-right:1px solid black"></td> <td style="text-align:left; vertical-align:top; width: 15%; border-right:1px solid black"></td> <td style="text-align:left; text-indent:-1em; padding-left:1em; vertical-align:top; width: 15%">The amount in column IV, plus the following for each dependent in excess of two:</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 40%; border-right:1px solid black">Institutional:</td> <td style="text-align:left; vertical-align:top; width: 15%; border-right:1px solid black"></td> <td style="text-align:left; vertical-align:top; width: 15%; border-right:1px solid black"></td> <td style="text-align:left; vertical-align:top; width: 15%; border-right:1px solid black"></td> <td style="text-align:left; vertical-align:top; width: 15%"></td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 40%; border-right:1px solid black" leaders="yes">  Full-time</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black">$201</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black">$249</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black">$293</td> <td style="text-align:center; vertical-align:top; width: 15%">$21</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 40%; border-right:1px solid black" leaders="yes">  Three-quarter-time</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"> 151</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"> 188</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"> 221</td> <td style="text-align:center; vertical-align:top; width: 15%"> 17</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 40%; border-right:1px solid black" leaders="yes">  Half-time</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"> 100</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"> 125</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"> 147</td> <td style="text-align:center; vertical-align:top; width: 15%"> 11</td> </tr> <tr><td style="text-align:left; text-indent:-1em; padding-left:1em; vertical-align:bottom; width: 40%; border-right:1px solid black">Farm cooperative, apprentice, or other on-the-job training:</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"></td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"></td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"></td> <td style="text-align:center; vertical-align:top; width: 15%"></td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 40%; border-bottom:1px solid black; border-right:1px solid black" leaders="yes">  Full-time</td> <td style="text-align:center; vertical-align:top; width: 15%; border-bottom:1px solid black; border-right:1px solid black"> 175</td> <td style="text-align:center; vertical-align:top; width: 15%; border-bottom:1px solid black; border-right:1px solid black"> 212</td> <td style="text-align:center; vertical-align:top; width: 15%; border-bottom:1px solid black; border-right:1px solid black"> 245</td> <td style="text-align:center; vertical-align:top; width: 15%; border-bottom:1px solid black"> 17”.</td> </tr> </tbody> </table> </content> </paragraph> </section> <section class="firstIndent1 fontsize10"><num value="102"><inline class="smallCaps">Sec.</inline> 102. </num><chapeau>Chapter 34 of title 38, United States Code, is amended as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by striking out in the last sentence of section 1677(b) <sidenote><p class="firstIndent1 fontsize8">Flight training.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1677">38 US 1677</ref>.</p></sidenote>“<quotedText>$220</quotedText>” and inserting in lieu thereof “<quotedText>$260</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by amending the table contained in section 1682(a) (1) to read as follows: <sidenote><p class="firstIndent1 fontsize8">Educational assistance allowances.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1682">38 USC 1682</ref>.</p></sidenote> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr><td style="text-align:center; vertical-align:bottom; width: 40%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">“Column I</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">Column II</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">Column III</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">Column IV</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black">Column V</td> </tr> <tr><td style="text-align:center; vertical-align:bottom; width: 40%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">Type of program</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">No dependents</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">One dependent</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">Two dependents</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black">More than two dependents</td> </tr> <tr><td style="text-align:center; vertical-align:bottom; width: 40%; border-right:1px solid black"></td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"></td> <td style="text-align:left; vertical-align:top; width: 15%; border-right:1px solid black"></td> <td style="text-align:left; vertical-align:top; width: 15%; border-right:1px solid black"></td> <td style="text-align:left; text-indent:-1em; padding-left:1em; vertical-align:top; width: 15%">The amount in column IV, plus the following for each dependent in excess of two:</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 40%; border-right:1px solid black">Institutional:</td> <td style="text-align:left; vertical-align:top; width: 15%; border-right:1px solid black"></td> <td style="text-align:left; vertical-align:top; width: 15%; border-right:1px solid black"></td> <td style="text-align:left; vertical-align:top; width: 15%; border-right:1px solid black"></td> <td style="text-align:left; vertical-align:top; width: 15%"></td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 40%; border-right:1px solid black" leaders="yes">  Full-time</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black">$270</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black">$321</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black">$366</td> <td style="text-align:center; vertical-align:top; width: 15%">$22</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 40%; border-right:1px solid black" leaders="yes">  Three-quarter-time</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"> 203</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"> 240</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"> 275</td> <td style="text-align:center; vertical-align:top; width: 15%"> 17</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 40%; border-right:1px solid black" leaders="yes">  Half-time</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"> 135</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"> 160</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"> 182</td> <td style="text-align:center; vertical-align:top; width: 15%"> 11</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 40%; border-bottom:1px solid black; border-right:1px solid black" leaders="yes">Cooperative</td> <td style="text-align:center; vertical-align:top; width: 15%; border-bottom:1px solid black; border-right:1px solid black"> 217</td> <td style="text-align:center; vertical-align:top; width: 15%; border-bottom:1px solid black; border-right:1px solid black"> 255</td> <td style="text-align:center; vertical-align:top; width: 15%; border-bottom:1px solid black; border-right:1px solid black"> 289</td> <td style="text-align:center; vertical-align:top; width: 15%; border-bottom:1px solid black"> 17”.</td> </tr> </tbody> </table> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>by striking out in section 1682(b) “<quotedText>$220</quotedText>” and inserting in lieu thereof “<quotedText>$260</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>by amending the table contained in section 1682(c)(2) to read as follows: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr><td style="text-align:center; vertical-align:bottom; width: 40%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">“Column I</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">Column II</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">Column III</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">Column IV</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black">Column V</td> </tr> <tr><td style="text-align:center; vertical-align:bottom; width: 40%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">Basis</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">No dependents</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">One dependent</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">Two dependents</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black">More than two dependents</td> </tr> <tr><td style="text-align:center; vertical-align:bottom; width: 40%; border-right:1px solid black"></td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"></td> <td style="text-align:left; vertical-align:top; width: 15%; border-right:1px solid black"></td> <td style="text-align:left; vertical-align:top; width: 15%; border-right:1px solid black"></td> <td style="text-align:left; text-indent:-1em; padding-left:1em; vertical-align:top; width: 15%">The amount in column IV, plus the following for each dependent in excess of two:</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 40%; border-right:1px solid black" leaders="yes">Full-time</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black">$217</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black">$255</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black">$289</td> <td style="text-align:center; vertical-align:top; width: 15%">$17</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 40%; border-right:1px solid black" leaders="yes">Three-quarter-time</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"> 163</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"> 191</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"> 218</td> <td style="text-align:center; vertical-align:top; width: 15%"> 13</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 40%; border-bottom:1px solid black; border-right:1px solid black" leaders="yes">Half-time</td> <td style="text-align:center; vertical-align:top; width: 15%; border-bottom:1px solid black; border-right:1px solid black"> 109</td> <td style="text-align:center; vertical-align:top; width: 15%; border-bottom:1px solid black; border-right:1px solid black"> 128</td> <td style="text-align:center; vertical-align:top; width: 15%; border-bottom:1px solid black; border-right:1px solid black"> 145</td> <td style="text-align:center; vertical-align:top; width: 15%; border-bottom:1px solid black"> 9”.</td> </tr> </tbody> </table> <page identifier="/us/stat/88/1580">88 <inline class="smallCaps">Stat.</inline> 1580</page> <p class="indent0 firstIndent0 fontsize10">and</p> </content> </paragraph> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1696">38 USC 1696</ref>.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content>by striking out in section 1696(b) “<quotedText>$220</quotedText>” and inserting in lieu thereof “<quotedText>$260</quotedText>”.</content> </paragraph></section> <section class="firstIndent1 fontsize10"><num value="103"><inline class="smallCaps">Sec.</inline> 103. </num><chapeau>Chapter 35 of title 38, United States Code, is amended as follows:</chapeau> <sidenote><p class="firstIndent1 fontsize8">Allowance computation.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1732">38 USC 1732</ref>.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by amending section 1732(a) (1) to read as follows: <quotedContent><subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><paragraph class="inline"><num value="1">(1) </num><content>The educational assistance allowance on behalf of an eligible person who is pursuing a program of education consisting of institutional courses shall be computed at the rate prescribed in section 1682(a) (1) of this title for full-time, three-quarter-time, or half-time pursuit, as appropriate, of an institutional program by an eligible veteran with no dependents.”;</content></paragraph></subsection></quotedContent></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by striking out in section 1732(a) (2) all after and including “<quotedText>of (A)</quotedText>” and inserting in lieu thereof “<quotedText>prescribed in section 1682(b) (2) of this title for less-than-half-time pursuit of an institutional program by an eligible veteran.</quotedText>”:</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>by striking out in section 1732(b) “<quotedText>$177</quotedText>” and inserting in lieu thereof “<quotedText>$209</quotedText>”; and</content> </paragraph> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1742">38 USC 1742</ref>.</p> <p class="firstIndent1 fontsize8">Special training allowance.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>by amending section 1742(a) to read as follows: <quotedContent><subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><content>While the eligible person is enrolled in and pursuing a full-time course of special restorative training, the parent or guardian shall be entitled to receive on behalf of such person a special training allowance computed at the basic rate of $260 per month. If the charges for tuition and fees applicable to any such course are more than $82 per calendar month, the basic monthly allowance may be increased by the amount that such charges exceed $82 a month, upon election by the parent or guardian of the eligible person to have such person’s period of entitlement reduced by one day for each $8.69 that the special training allowance paid exceeds the basic monthly allowance.”.</content></subsection></quotedContent> </content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec.</inline> 104. </num><chapeau>Chapter 36 of title 38, United States Code, is amended as follows:</chapeau> <sidenote><p class="firstIndent1 fontsize8">Correspondence courses.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1786">38 USC 1786</ref>.</p> <p class="firstIndent1 fontsize8">On-job-training allowance.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1787">38 USC 1787</ref>.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by striking out in section 1786(a) (2) “<quotedText>$220</quotedText>” and inserting in lieu thereof “<quotedText>$260</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by amending the table contained in paragraph (1) of section 1787 (b) to read as follows: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr><td style="text-align:center; vertical-align:bottom; width: 40%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">“Column I</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">Column II</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">Column III</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">Column IV</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black">Column V</td> </tr> <tr><td style="text-align:center; vertical-align:bottom; width: 40%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">Periods of training</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">No dependents</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">One dependent</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black; border-right:1px solid black">Two dependents</td> <td style="text-align:center; vertical-align:top; width: 15%; border-top:1px solid black; border-bottom:1px solid black">More than two dependents</td> </tr> <tr><td style="text-align:center; vertical-align:bottom; width: 40%; border-right:1px solid black"></td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"></td> <td style="text-align:left; vertical-align:top; width: 15%; border-right:1px solid black"></td> <td style="text-align:left; vertical-align:top; width: 15%; border-right:1px solid black"></td> <td style="text-align:left; text-indent:-1em; padding-left:1em; vertical-align:top; width: 15%">The amount in column IV, plus the following for each dependent in excess of two:</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 40%; border-right:1px solid black" leaders="yes">First 6 months</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black">$189</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black">$212</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black">$232</td> <td style="text-align:center; vertical-align:top; width: 15%">$9</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 40%; border-right:1px solid black" leaders="yes">Second 6 months</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"> 142</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"> 164</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"> 184</td> <td style="text-align:center; vertical-align:top; width: 15%"> 9</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 40%; border-right:1px solid black" leaders="yes">Third 6 months</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black">  95</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"> 117</td> <td style="text-align:center; vertical-align:top; width: 15%; border-right:1px solid black"> 137</td> <td style="text-align:center; vertical-align:top; width: 15%"> 9</td> </tr> <tr><td style="text-align:left; vertical-align:bottom; width: 40%; border-bottom:1px solid black; border-right:1px solid black" leaders="yes">Fourth and any succeeding 6-month periods</td> <td style="text-align:center; vertical-align:top; width: 15%; border-bottom:1px solid black; border-right:1px solid black">  47</td> <td style="text-align:center; vertical-align:top; width: 15%; border-bottom:1px solid black; border-right:1px solid black">  70</td> <td style="text-align:center; vertical-align:top; width: 15%; border-bottom:1px solid black; border-right:1px solid black">  90</td> <td style="text-align:center; vertical-align:top; width: 15%; border-bottom:1px solid black">  9”.</td> </tr> </tbody> </table> <p class="indent0 firstIndent0 fontsize8">and</p> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>by amending section 1787(b) (2) to read as follows: <quotedContent><paragraph class="indent1 fontsize10"><num value="2">“(2) </num><content>The monthly training assistance allowance of an eligible person pursuing a program described under subsection (a) shall be <page identifier="/us/stat/88/1581">88 <inline class="smallCaps">Stat.</inline> 1581</page>computed at the rate prescribed in paragraph (1) of this subsection for an eligible veteran with no dependents pursuing such a course.”.</content></paragraph></quotedContent></content></paragraph></section> <section class="firstIndent1 fontsize10"><num value="105"><inline class="smallCaps">Sec.</inline> 105. </num><subsection class="inline"><num value="a">(a) </num><content>The Administrator shall carry out directly a thorough <sidenote><p class="firstIndent1 fontsize8">Tuition assistance allowance program abuses, study.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1780">38 USC 1780 note</ref>.</p></sidenote>study and investigation of the administrative difficulties and opportunities or abuse that would be occasioned by enactment of some form of variable tuition assistance allowance program, with reference to such difficulties and abuses experienced by the Veterans’ Administration after the end of World War II in carrying out the provisions of Veterans’ Regulation Numbered 1(a), relating to the payment of tuition and related expenses for veterans of World War II pursuing a program of education or training under the Servicemen’s Readjustment Act of 1944, and to any such difficulties and abuses presently <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/58/284">58 Stat. 284</ref>.</p></sidenote>being experienced by the Veterans’ Administration in carrying out existing tuition assistance programs under title 38, United States Code, including chapter 31 vocational rehabilitation, correspondence <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1501">38 USC 1501</ref>.</p></sidenote>courses, flight training and PREP, and of ways in which any such difficulties and abuses could be avoided or minimized through legislative or administrative action so as to ensure an expeditious, orderly, and effective implementation of any tuition assistance allowance program.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>In carrying out the study and investigation required by subsection (a), the Administrator shall consult with and solicit the views and suggestions of interested veterans’ organizations, educational groups and associations, persons receiving assistance under chapters 31, 34, 35 and 36 of title 38, United States Code, other Federal <sidenote><ref href="/us/usc/t38/s1501/1651/1700/1770">38 USC 1501, 1651, 1700, 1770</ref>.</sidenote>departments and agencies, and other interested parties.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>The Administrator shall report to the Congress and the President <sidenote><p class="firstIndent1 fontsize8">Report to Congress and the President.</p></sidenote>not later than one year after the date of enactment of this Act on the results of the study and investigation carried out under this section, including any recommendations for legislative or administrative action.</content> </subsection></section> <num value="II">TITLE II—</num><heading class="inline">EDUCATIONAL ASSISTANCE PROGRAM ADJUSTMENTS</heading> <section class="firstIndent1 fontsize10"><num value="201"><inline class="smallCaps">Sec.</inline> 201. </num><content>Section 1652(a)(3) of title 38, United States Code, is amended by striking out the period at the end of such section and inserting in lieu thereof “<quotedText>unless at some time subsequent to the completion of such period of active duty for training such individual served on active duty for a consecutive period of one year or more ( not including any service as a cadet or midshipman at one of the service academies).</quotedText>”.</content></section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec.</inline> 202. </num><chapeau>Section 1661 of title 38, United States Code, is amended by—</chapeau> <sidenote><p class="firstIndent1 fontsize8">Entitlement.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>inserting in subsection (a) before the period at the end thereof “<quotedText>plus an additional number of months, not exceeding nine, as may be utilized in pursuit of a program of education leading to a standard undergraduate college degree</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>striking out in subsection (c) “<quotedText>subsection (b)</quotedText>” and inserting in lieu thereof “<quotedText>subsections (a) and (b)</quotedText>”.</content> </paragraph> </section> <page identifier="/us/stat/88/1582">88 <inline class="smallCaps">Stat.</inline> 1582</page> <section class="firstIndent1 fontsize10"><num value="203"><inline class="smallCaps">Sec.</inline> 203. </num><chapeau>Section 1673 of title 38, United States Code, is amended as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by amending subsection (a)(2) to read as follows: <sidenote><p class="firstIndent1 fontsize8">Sales or sales management courses, disapproval.</p></sidenote> <quotedContent><paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>any sales or sales management course which does not provide specialized training within a specific vocational field, or in any other course with a vocational objective, unless the eligible veteran or the institution offering such course submits justification showing that at least one-half of the persons who completed such course over the preceding two-year period, and who are not unavailable for employment, have been employed in the occupational category for which the course was designed to provide training (but in computing the number of persons who completed such course over any such two-year period, there shall not be included the number of persons who completed such course with assistance under this title while serving on active duty); or”;</content></paragraph> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by inserting in subsection (a) (3) “<quotedText>(or the advertising for which he finds contains significant avocational or recreational themes)</quotedText>” after “<quotedText>character</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"><num value="3">(3) </num><content>by amending subsection (d) to read as follows: <sidenote><p class="firstIndent1 fontsize8">Other disapproved courses.</p> <ref href="/us/usc/t38/s1690/1695">38 USC 1690, 1695</ref>.<p class="firstIndent1 fontsize8">Other disapproved courses.</p> <ref href="/us/usc/t38/s1690/1695">38 USC 1690, 1695</ref>.</sidenote> <quotedContent><subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num> <content>The Administrator shall not approve the enrollment of any eligible veteran, not already enrolled, in any course (other than one offered pursuant to subchapter V or subchapter VI of this chapter) which does not lead to a standard college degree and which is offered by a proprietary profit or proprietary nonprofit educational institution for any period during which the Administrator finds that more than 85 per centum of the students enrolled in the course are having all or part of their tuition, fees, or other charges paid to or for them by the educational institution or the Veterans’ Administration under this title.”.</content></subsection></quotedContent></content></paragraph></section> <section class="firstIndent1 fontsize10"><num value="204"><inline class="smallCaps">Sec.</inline> 204. </num><content>Section 1682 of title 38, United States Code, is amended by adding at the end thereof the following new subsection: <sidenote><p class="firstIndent1 fontsize8">Refresher training.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1671">38 USC 1671</ref>.</p></sidenote> <quotedContent><subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><paragraph class="inline"><num value="1">(1) </num><content>Notwithstanding the prohibition in section 1671 of this title prohibiting enrollment of an eligible veteran in a program of education in which such veteran has ‘already qualified,’ a veteran shall be allowed up to six months of educational assistance (or the equivalent thereof in part-time assistance) for the pursuit of refresher training to permit such veteran to update such veteran’s knowledge and skills and to be instructed in the technological advances which have occurred in such veteran’s field of employment during and since the period of such veteran’s active military service.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>A veteran pursuing refresher training under this subsection shall be paid an educational assistance allowance based upon the rate prescribed in the table in subsection (a) (1) or in subsection (c) (2) of <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1579.</p></sidenote> this section, whichever is applicable.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>The educational assistance allowance paid under the authority of this subsection shall be charged against, the period of entitlement the <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1581.</p></sidenote> veteran has earned pursuant to section 1661(a) of this title.”.</content></paragraph></subsection></quotedContent> </content></section> <sidenote><p class="firstIndent1 fontsize8">Veteran-student services.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec.</inline> 205. </num><chapeau>Section 1685 of title 38, United States Code, is amended as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by striking out in subsection (a) all of that portion of the second sentence preceding “<quotedText>during a semester</quotedText>” and inserting in <page identifier="/us/stat/88/1583">88 <inline class="smallCaps">Stat.</inline> 1583</page>lieu thereof “<quotedText>Such work-study allowance shall lie paid in the amount of $625 in return for such veteran-student’s agreement to perform services, during or between periods of enrollment, aggregating two hundred and fifty hours</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by striking out the last sentence of subsection (a) and inserting in lieu thereof the following: “<quotedText>An agreement may be entered into for the performance of services for periods of less than two hundred and fifty hours, in which case the amount of the work-study allowance to be paid shall bear the same ratio to the number of hours of work agreed to be performed as $625 bears to two hundred and fifty hours. In the case of any agreement providing for the performance of services for one hundred hours or more, the veteran student shall be paid $250 in advance, and in the case of any agreement for the performance of services for less than one hundred hours, the amount of the advance payment shall bear the same, ratio to the number of hours of work agreed to be performed as $625 bears to two hundred and fifty hours.</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>by striking out in subsection (c) “<quotedText>(not to exceed eight hundred man-years or their equivalent in man-hours during any fiscal year)</quotedText>”.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec.</inline> 206. </num><chapeau>Section 1692(b) of title 38, United States Code, is amended <sidenote><p class="firstIndent1 fontsize8">Special supplementary assistance.</p></sidenote>as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>$50</quotedText>” and inserting in lieu thereof “<quotedText>$60</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>nine months</quotedText>” and inserting in lieu thereof “<quotedText>twelve months</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>by striking out “<quotedText>$450</quotedText>” and inserting in lieu thereof “<quotedText>$720</quotedText>”.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"><num value="207"><inline class="smallCaps">Sec.</inline> 207. </num><chapeau>Section 1723 of title 38, United States Code, is amended as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by amending subsection (a) (2) to read as follows: <quotedContent><paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>any sales or sales management course which does not provide <sidenote><p class="firstIndent1 fontsize8">Sales or sales management courses, disapproval.</p></sidenote>specialized training within a specific vocational field, or in any other course with a vocational objective, unless the eligible person or the institution offering such course submits justification showing that at least one-half of the persons who completed such course over the preceding two-year period, and who are not unavailable for employment, have been employed in the occupational category for which the course was designed to provide training (but in computing the number of persons who completed such course over any such two-year period, there shall not be included the number of persons who completed such course with assistance under this title while serving on active duty); or”;</content></paragraph></quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by inserting in subsection (a) (3) “<quotedText>(or the advertising for which he finds contains significant avocational or recreational themes)</quotedText>” after “<quotedText>character</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>by striking out in subsection (c) “<quotedText>any course of institutional on-farm training,</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"><num value="4">(4) </num><content>by striking out in subsection (d) “<quotedText>to be pursued below the college level</quotedText>” and inserting in lieu thereof “<quotedText>not leading to a standard college degree</quotedText>”.</content></paragraph></section> <page identifier="/us/stat/88/1584">88 <inline class="smallCaps">Stat.</inline> 1584</page> <section class="firstIndent1 fontsize10"><num value="208"><inline class="smallCaps">Sec.</inline> 208. </num><content>Section 1732 of title 38. United States Code, is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: <sidenote><p class="firstIndent1 fontsize8">“Farm cooperative” programs, assistance.</p></sidenote> <quotedContent><subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><paragraph class="inline"><num value="1">(1) </num><chapeau>An eligible person who is enrolled in an educational institution for a ‘farm cooperative’ program consisting of institutional agricultural courses prescheduled to fall within forty-four weeks of any period of twelve consecutive months and who pursues such program on—</chapeau> <subparagraph class="indent2 fontsize10"><num value="A">“(A) </num><content>a full-time basis (a minimum of ten clock hours per week or four hundred and forty clock hours in such year prescheduled to provide not less than eighty clock hours in any three-month period),</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="B">“(B) </num><content>a three-quarter-time basis (a minimum of seven clock hours per week), or</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="C">“(C) </num><content>a half-time basis (a minimum of five clock hours per week),</content></subparagraph> <continuation class="indent0 firstIndent0 fontsize10">shall be eligible to receive an educational assistance allowance at the appropriate rate provided in paragraph (2) of this subsection, if such eligible person is concurrently engaged in agricultural employment which is relevant to such institutional agricultural courses as determined under standards prescribed by the Administrator. In computing the foregoing clock hour requirements there shall be included the time involved in field trips and individual and group instruction sponsored and conducted by the educational institution through a duly authorized instructor of such institution in which the person is enrolled.</continuation></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The monthly educational assistance allowance to be paid on behalf of an eligible person pursuing a farm cooperative program under this chapter shall be computed at the rate prescribed in section <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1579.</p></sidenote>1682(c) (2) of this title for full-time, three-quarter-time, or half-time pursuit, as appropriate, of a farm cooperative program by an eligible veteran with no dependents.”.</content></paragraph></subsection></quotedContent> </content> </section> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s178">38 USC 1780</ref>.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="209"><inline class="smallCaps">Sec.</inline> 209. </num><content>Section 1780(a) (2) is amended by inserting “<quotedText>(or customary vacation periods connected therewith)</quotedText>” after “<quotedText>holidays</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="210"><inline class="smallCaps">Sec.</inline> 210. </num><chapeau>Chapter 36 of title 38, United States Code, is amended as follows:</chapeau> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1774">38 USC 1774</ref>.</p></sidenote> <paragraph class="indent1 fontsize10"><num value="1">(1) </num><content>by amending section 1774(b) to read as follows: <sidenote><p class="firstIndent1 fontsize8">Administrative expenses, allowance.</p></sidenote> <quotedContent><subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>The allowance for administrative expenses incurred pursuant to subsection (a) of this section shall be paid in accordance with the following formula: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr><td style="text-align:left; vertical-align:top; width: 50%">“Total salary cost reimbursable under this section</td> <td style="text-align:left; vertical-align:top; width: 50%">Allowable for administrative expense</td> </tr> <tr><td style="text-align:left; vertical-align:top; width: 50%" leaders="yes">$5,000 or less</td> <td style="text-align:left; vertical-align:top; width: 50%">$550.</td> </tr> <tr><td style="text-align:left; vertical-align:top; width: 50%" leaders="yes">Over $5,000 but not exceeding $10,000</td> <td style="text-align:left; vertical-align:top; width: 50%">$1,000.</td> </tr> <tr><td style="text-align:left; vertical-align:top; width: 50%" leaders="yes">Over $10,000 but not exceeding $35,000</td> <td style="text-align:left; text-indent:-1em; padding-left:1em; vertical-align:top; width: 50%">$1,000 for the first $10,000 plus $925 for each additional $5,000 or fraction thereof.</td> </tr> <tr><td style="text-align:left; vertical-align:top; width: 50%" leaders="yes">Over $35,000 but not exceeding $40,000</td> <td style="text-align:left; vertical-align:top; width: 50%">$6,050.</td> </tr> <tr><td style="text-align:left; vertical-align:top; width: 50%" leaders="yes">Over $40,000 but not exceeding $75,000</td> <td style="text-align:left; text-indent:-1em; padding-left:1em; vertical-align:top; width: 50%">$6,050 for the first $40,000 plus $800 for each additional $5,000 or fraction thereof.</td> </tr> <tr><td style="text-align:left; vertical-align:top; width: 50%" leaders="yes">Over $75,000 but not exceeding $80,000</td> <td style="text-align:left; vertical-align:top; width: 50%">$12,000.</td> </tr> <tr><td style="text-align:left; vertical-align:top; width: 50%" leaders="yes">Over $80,000</td> <td style="text-align:left; text-indent:-1em; padding-left:1em; vertical-align:top; width: 50%">$12,000 for the first $80,000 plus $700 for each additional $5,000 or fraction thereof.”;</td> </tr> </tbody> </table> <page identifier="/us/stat/88/1585">88 <inline class="smallCaps">Stat.</inline> 1585</page> <p class="indent0 firstIndent0 fontsize8">and</p></content></subsection></quotedContent></content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by amending section 1784(b) to read as follows: <quotedContent><subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>The Administrator may pay to any educational institution, or <sidenote><p class="firstIndent1 fontsize8">Reporting fee.</p></sidenote>to any joint apprenticeship training committee acting as a training establishment, furnishing education or training under either this chapter or chapter 34 or 35 of this title, a reporting fee which will <sidenote><ref href="/us/usc/t38/s1651/1700">38 USC 1651, 1700</ref>.</sidenote>be in lieu of any other compensation or reimbursement for reports or certifications which such educational institution or joint apprenticeship training committee is required to submit to him by law or regulation. Such reporting fee shall be computed for each calendar year by multiplying $3 by the number of eligible veterans or eligible persons enrolled under this chapter or chapter 34 or 35 of this title, or $4 in the case of those eligible veterans and eligible persons whose educational assistance checks are directed in care of each institution for temporary custody and delivery and are delivered at the time of registration as provided under section 1780(d) (5) of this title, on October 31 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1780">38 USC 1780</ref>.</p></sidenote>of that year; except that the Administrator may. where it is established by such educational institution or joint apprenticeship training committee that eligible veteran plus eligible person enrollment on such date varies more than 15 per centum from the peak eligible veteran enrollment plus eligible person enrollment in such educational institution or joint apprenticeship training committee during such calendar year, establish such other date as representative of the peak enrollment as may be justified for such educational institution or joint apprenticeship training committee. The reporting fee shall be paid to such educational institution or joint apprenticeship training committee as soon as feasible after the end of the calendar year for which it is applicable.”.</content></subsection></quotedContent> </content></paragraph></section> <section class="firstIndent1 fontsize10"><num value="211"><inline class="smallCaps">Sec.</inline> 211. </num><chapeau>Section 1788(a) of title 38, United States Code, is amended <sidenote><p class="firstIndent1 fontsize8">Measurement of courses.</p></sidenote>as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by striking out in clause (1) “<quotedText>below the college level</quotedText>” and inserting in lieu thereof a comma and “<quotedText>not leading to a standard college degree,</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by striking out in clause (2) “<quotedText>below the college level</quotedText>” and inserting in lieu thereof a comma and “<quotedText>not leading to a standard college degree,</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>by striking out in clause (6) “<quotedText>below the college level</quotedText>” and inserting in lieu thereof “<quotedText>not leading to a standard college degree</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content><p class="inline">by adding at the end of such subsection the following:</p> <p class="indent0 firstIndent0 fontsize10">“Notwithstanding the provisions of clause (1) or (2) of this subsection, an educational institution offering courses not leading to a standard college degree may measure such courses on a quarter- or semester-hour basis (with full time measured on the same basis as provided by clause (4) of this subsection); but (A) the academic portions of such courses must require outside preparation and be measured on not less than one quarter or one semester hour for each fifty minutes net of instruction per week or quarter or semester; (B) the laboratory portions of such courses must be measured on not less than one quarter or one semester hour for each two hours of attendance per week per quarter or semester; and (C) the shop portions of such courses must be measured on not less than one quarter or one semester hour for each three hours of attendance per week per quarter or semester. In no event shall such course be considered a lull-tune course when less than twenty-two hours per week of attendance is required.”.</p> </content> </paragraph> </section> <section class="firstIndent1 fontsize10"><num value="212"><inline class="smallCaps">Sec.</inline> 212. </num><subsection class="inline"><num value="a">(a) </num><content>Chapter 36 of title 38, United States Code, is amended by inserting at the end thereof the, following new section: <page identifier="/us/stat/88/1586">88 <inline class="smallCaps">Stat.</inline> 1586</page> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1796">38 USC 1796</ref>.</p></sidenote> <quotedContent><section><num value="1796">“§ 1796. </num><heading>Limitation on certain advertising, sales, and enrollment practices</heading> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num> <content>The Administrator shall not approve the enrollment of an eligible veteran or eligible person in any course offered by an institution which utilizes advertising, sales, or enrollment practices of any type which are erroneous, deceptive, or misleading either by actual statement, omission, or intimation.</content> </subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1794">38 USC 1794</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>The Administrator shall, pursuant to section 1794 of this title, enter into an agreement with the Federal Trade Commission to utilize, where appropriate, its services and facilities, consistent with its available resources, in carrying out investigations and making his determinations under subsection (a) of this section. Such agreement shall provide that cases arising under subsection (a) of this section or any similar matters with respect to any of the requirements of this chapter <sidenote><ref href="/us/usc/t38/s1651/1700">38 USC 1651, 1700</ref>.</sidenote>or chapters 34 and 35 of this title shall be referred to the Federal Trade Commission which in its discretion will conduct an investigation and make preliminary findings. The findings and results of any such investigations shall be referred to the Administrator who shall take appropriate action in such cases within ninety days after such referral.</content> </subsection> <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <content>Not later than sixty days after the end of each fiscal year, the Administrator shall report to Congress on the nature and disposition of all cases arising under this section.”.</content></subsection></section></quotedContent></content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>The table of sections at the beginning of chapter 36 of such title is amended by inserting <quotedContent> <toc> <referenceItem><designator>“1796. </designator><label>Limitation on certain advertising, sales, and enrollment practices.”</label></referenceItem> </toc></quotedContent> <p class="firstIndent1 fontsize10">below</p> <quotedContent> <toc> <referenceItem><designator>“1795. </designator><label>Limitation on period of assistance under two or more programs.”.</label></referenceItem> </toc> </quotedContent></content> </subsection> </section> <section class="firstIndent1 fontsize10"><num value="213"><inline class="smallCaps">Sec.</inline> 213. </num><subsection class="inline"><num value="a">(a) </num><content>Subchapter II of chapter 3 of title 38, United States Code, is amended by adding at the end thereof the following new sections: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s219">38 USC 219</ref>.</p></sidenote> <quotedContent><section><num value="219">“§ 219. </num><heading>Evaluation and data collection</heading> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num> <content>The Administrator, pursuant to general standards which he shall prescribe in regulations, shall measure and evaluate on a continuing basis the impact of all programs authorized under this title, in order to determine their effectiveness in achieving stated goals in general, and in achieving such goals in relation to their cost, their impact on related programs, and their structure and mechanisms for delivery of services. Such information as the Administrator may deem necessary for purposes of such evaluations shall be made available to him, upon request, by all departments, agencies, and instrumentalities of the executive branch.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>In carrying out this section, the Administrator shall collect, collate, and analyze on a continuing basis full statistical data regarding participation (including the duration thereof), provision of services, categories of beneficiaries, planning and construction of facilities, acquisition of real property, proposed excessing of land, accretion and attrition of personnel, and categorized expenditures attributable thereto, under all programs carried out under this title.</content> </subsection> <sidenote><p class="firstIndent1 fontsize8">Studies, tabulation and analyses, availability to public and congressional committees.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <content>The Administrator shall make available to the public and on a regular basis provide to the appropriate committees of the Congress copies of all completed evaluative research studies and summaries of evaluations of program impact and effectiveness carried out, and tabulations and analyses of all data collected, under this section.</content></subsection> </section> <page identifier="/us/stat/88/1587">88 <inline class="smallCaps">Stat.</inline> 1587</page> <section><num value="220">“§ 220. </num><heading>Coordination of other Federal programs affecting veterans and their dependents</heading> <content>“The Administrator shall seek to achieve the maximum feasible effectiveness, coordination, and interrelationship of services among all programs and activities affecting veterans and their dependents carried out by and under all other departments, agencies, and instrumentalities of the executive branch and shall seek to achieve the maximum feasible coordination of such programs with programs carried out under this title.”.</content></section></quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>The table of sections at the beginning of chapter 3 of such title is amended by adding <quotedContent><toc> <referenceItem><designator>“219. </designator><label>Evaluation and data collection.</label></referenceItem> <referenceItem><designator>“220. </designator><label>Coordination of other Federal programs affecting veterans and their dependents.”</label></referenceItem> </toc></quotedContent> <p class="indent0 firstIndent0 fontsize10">below</p> <quotedContent><toc> <referenceItem><designator>“218. </designator><label>Standards of conduct and arrests for crimes at hospitals, domiciliaries, cemeteries, and other Veterans’ Administration reservations.”.</label></referenceItem> </toc></quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"><num value="214"><inline class="smallCaps">Sec.</inline> 214. </num><chapeau>Subchapter IV of chapter 3 of title 38, United States Code, <sidenote><p class="firstIndent1 fontsize8">Outreach services program.</p></sidenote>is amended as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by inserting in section 241 “<quotedText>in carrying out the purposes of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s241">38 USC 241</ref>.</p></sidenote>this subchapter (including the provision, to the maximum feasible extent, of such services, in areas where a significant number of eligible veterans and eligible dependents speak a language other than English as their principal language, in the principal language of such persons)</quotedText>” after “<quotedText>outreach services</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by inserting in clause (2) “<quotedText>to eligible veterans and eligible dependents</quotedText>” after “<quotedText>information</quotedText>” the first time it appears;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>by striking out in section 242(b) “<quotedText>may implement such <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s242">38 USC 242</ref>.</p></sidenote>special telephone service</quotedText>” and inserting in lieu thereof “<quotedText>shall establish and carry out all possible programs and services, including special telephone facilities.</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>redesignating sections 243 and 244 as 244 and 245, respectively, <sidenote><ref href="/us/usc/t38/s243/244">38 USC 243, 244</ref>.</sidenote>and adding the following new section after section 242: <quotedContent> <section><num value="243">“§ 243. </num><heading>Veterans’ representatives</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s243">38 USC 243</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><paragraph class="inline"><num value="1">(1) </num><content>Except as otherwise provided in paragraph (4) of this subsection, the Administrator shall assign, with appropriate clerical/secretarial support, to each educational institution (as defined in section 1652(c) except for correspondence schools) where at least five hundred <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1652">38 USC 1652</ref>.</p> <ref href="/us/usc/t38/s1501/1651/1700/1770">38 USC 1501, 1651, 1700, 1770</ref>.<p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1652">38 USC 1652</ref>.</p> <ref href="/us/usc/t38/s1501/1651/1700/1770">38 USC 1501, 1651, 1700, 1770</ref>.</sidenote>persons are enrolled under chapters 31, 34, 35, and 36 of this title such number of full-time veterans’ representatives as will provide at least one such veterans’ representative per each five hundred such persons so enrolled at each such institution; and the Administrator shall also assign to other such veterans’ representatives responsibility for carrying out the functions set forth in paragraph (3) of this subsection with respect to groups of institutions with less than five hundred such persons so enrolled, on the basis of such proportion of such veterans’ representatives’ time to such persons so enrolled as he deems appropriate to be adequate to perform such functions at such institutions.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>In selecting and appointing veterans' representatives under this subsection, preference shall be given to veterans of the Vietnam era with experience in veterans affairs’ counseling, outreach, and other related veterans’ services.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <chapeau>The functions of such veterans’ representatives shall be to—</chapeau> <sidenote><p class="firstIndent1 fontsize8">Functions.</p></sidenote> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>answer all inquiries related to Veterans’ Administration educational assistance and other benefits, and take all necessary action to resolve such inquiries expeditiously, especially those relating to payments of educational assistance benefits;</content> <page identifier="/us/stat/88/1588">88 <inline class="smallCaps">Stat.</inline> 1588</page> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>assure correctness and proper handling of applications, completion of certifications of attendance, and submission of all necessary information (including changes in status or program affecting payments) in support of benefit claims submitted;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>maintain active liaison, communication, and cooperation with the officials of the educational institution to which assigned, in order to alert veterans to changes in law and Veterans’ Administration policies or procedures;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content>supervise and expeditiously resolve all difficulties relating to the delivery of advance educational assistance payments authorized under this title.;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content>coordinate Veterans’ Administration matters with, and provide appropriate briefings to, all on-campus veterans’ groups, working particularly closely with veterans’ coordinators at educational institutions receiving veterans’ cost-of-instruction payments under section 420 of the Higher Education Act of 1965, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1070e-1">20 USC 1070e-1</ref>.</p></sidenote>amended (hereinafter referred to as ‘V.C.I. institutions’);</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">“(F) </num> <content>provide necessary guidance and support to veteran-student services personnel assigned to the campus under section 1685 of this title;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="G">“(G) </num> <content>where such functions are not being adequately carried out by existing programs at such institutions (i) provide appropriate motivational and other counseling to veterans (informing them of all available benefits and services, as provided for under section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s241">38 USC 241</ref>.</p></sidenote>241 of this title) and (ii) carry out outreach activities under this subchapter; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="H">“(H) </num> <content>carry out such other activities as may be assigned by the director of the Veterans’ Administration regional office, established <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s230">38 USC 230</ref>.</p></sidenote>under section 230 of this title.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>Based on the extent to which the functions set forth in paragraph (3) of this subsection are being adequately carried out at a particular educational institution or in consideration of other factors indicating the inappropriateness of assignment of veterans’ representatives to a particular educational institution, the director of the appropriate Veterans’ Administration regional office shall, notwithstanding the formula set forth in paragraph (1) of this subsection, either reallocate such veterans’ representatives to other educational institutions in such region where he determines that such additional veterans’ representatives are necessary, or, with the approval of the chief benefits officer of the Veterans’ Administration, assign such veterans’ representatives to carry out such functions or related activities at the regional office in question, with special responsibility for one or more than one particular educational institution.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>The functions of a veterans’ representative assigned under this subsection shall be carried out in such a way as to complement and not interfere with the statutory responsibilities and duties of persons carrying out veterans affairs’ functions at V.C.I. institutions.</content> </paragraph> </subsection> <sidenote><p class="firstIndent1 fontsize8">Rules and procedures.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>The Administrator shall establish rules and procedures to guide veterans’ representatives in carrying out their functions under this section. Such rules and procedures shall contain provisions directed especially to assuring that the activities of veterans’ representatives carried out under this section complement, and do not interfere with, the established responsibilities of representatives <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s3402">38 USC 3402</ref>.</p></sidenote>recognized by the Administrator under section 3402 of this title.”; and</content></subsection></section></quotedContent></content> </paragraph> <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1587.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <chapeau>amending section 244 (as redesignated by clause (4) of this subsection) of such title by—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content>striking out “<quotedText>may</quotedText>” and inserting in lieu thereof “<quotedText>shall</quotedText>”; and</content> <page identifier="/us/stat/88/1589">88 <inline class="smallCaps">Stat.</inline> 1589</page> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content>inserting “<quotedText>and provide for</quotedText>” after “<quotedText>conduct</quotedText>” in paragraph (5).</content> </subparagraph> </paragraph> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>The table of sections at the beginning of such chapter is amended by striking out <quotedContent> <toc> <referenceItem><designator>“243. </designator><label>Utilization of other agencies.</label></referenceItem> <referenceItem><designator>“244. </designator><label>Report to Congress.”</label></referenceItem> </toc> </quotedContent> <p class="indent0 firstIndent0 fontsize10">and inserting in lieu thereof</p> <quotedContent> <toc> <referenceItem><designator>“243. </designator><label>Veterans’ representatives.</label></referenceItem> <referenceItem><designator>“244. </designator><label>Utilization of other agencies.</label></referenceItem> <referenceItem><designator>“245. </designator><label>Report to Congress.”.</label></referenceItem> </toc> </quotedContent> </content> </subsection></section> <num value="III">TITLE III—</num><heading class="inline">VETERANS AND DEPENDENTS EDUCATION LOAN PROGRAM</heading> <section class="firstIndent1 fontsize10"><num value="301"><inline class="smallCaps">Sec.</inline> 301. </num><subsection class="inline"><num value="a">(a) </num><content>Chapter 36 of title 38, United States Code, is amended by adding at the end thereof the following new subchapter: <quotedContent> <subchapter> <num value="III">“Subchapter III—</num><heading>Education Loans to Eligible Veterans and Eligible Persons</heading> <section><num value="1798">“§ 1798. </num><heading>Eligibility for loans; amount and conditions of loans; interest rate on loans</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1798">38 USC 1798</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><content>Each eligible veteran and eligible person shall be entitled to a loan under this subchapter in an amount determined under, and subject to the conditions specified in. subsection (b)(1) of this section if the veteran or person satisfies the requirements set forth in subsection (c) of this section.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1) </num><content>Subject to paragraph (3) of this subsection, the amount of the loan to which an eligible veteran or eligible person shall be entitled under this subchapter for any academic year shall be equal to the amount needed by such veteran or person to pursue a program of education at the institution at which he is enrolled, as determined under paragraph (2) of this subsection.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num><subparagraph class="inline"><num value="A">(A) </num><content>The amount needed by a veteran or person to pursue a program of education at an institution for any academic year shall be determined by subtracting (i) the total amount of financial resources (as defined in subparagraph (B) of this paragraph) available to the veteran or person which may be reasonably expected to be expended by such veteran or person for educational purposes in any year from (ii) the actual cost of attendance (as defined in subparagraph (C) of this paragraph) at the institution in which such veteran or person is enrolled.</content></subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <chapeau>The term ‘total amount of financial resources’ of any veteran <sidenote><p class="firstIndent1 fontsize8">“Total amount of financial resources.”</p></sidenote>or person for any year means the total of the following:</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>The annual adjusted effective income of the veteran or person less Federal income tax paid or payable by such veteran or person with respect to such income.</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>The amount of cash assets of the veteran or person.</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content>The amount of financial assistance received by the veteran or person under the provisions of title IV of the Higher Education Act of 1965, as amended.</content> </clause> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1061">20 USC 1061</ref>.</p></sidenote> <clause class="indent3 fontsize10"> <num value="iv">“(iv) </num> <content>Educational assistance received by the veteran or person under this title other than under this subchapter.</content> </clause> <clause class="indent3 fontsize10"> <num value="v">“(v) </num> <content>Financial assistance received by the veteran or person under any scholarship or grant program other than those specified in clauses (iii) and (iv).</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>The term ‘actual cost of attendance’ means, subject to such <sidenote><p class="firstIndent1 fontsize8">“Actual cost of attendance.”</p></sidenote>regulations as the Administrator may provide, the actual per-student <page identifier="/us/stat/88/1590">88 <inline class="smallCaps">Stat.</inline> 1590</page>charges for tuition, fees, room and board (or expenses related to reasonable commuting), books, arid an allowance for such other expenses as the Administrator determines by regulation to be reasonably related to attendance at the institution at which the veteran or person is enrolled.</content> </subparagraph> </paragraph> <sidenote><p class="firstIndent1 fontsize8">Loan limitation.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>The aggregate of the amounts any veteran or person may borrow under this subchapter may not exceed $270 multiplied by the number of months such veteran or person is entitled to receive educational <sidenote><ref href="/us/usc/t38/s1661/1710">38 USC 1661, 1710</ref>.</sidenote>assistance under section 1661 or subchapter II of chapter 35, respectively, of this title, but not in excess of $600 in any one regular academic year.</content></paragraph> </subsection> <sidenote><p class="firstIndent1 fontsize8">Eligibility.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><chapeau>An eligible veteran or person shall be entitled to a loan under' this subchapter if such veteran or person—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>is in attendance at an educational institution on at least a half-time basis and (A) is enrolled in a course leading to a standard college degree, or (B) is enrolled in a course, the completion of which requires six months or longer, leading to an identified and predetermined professional or vocational objective;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>has sought and is unable to obtain a loan, in the full amount needed by such veteran or person, as determined under subsection (b) of this section, under a student loan program insured pursuant to the provisions of part B of title IV of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1071">20 USC 1071</ref>.</p></sidenote>Higher Education Act of 1965, as amended, or any successor authority; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>enters into an agreement with the Administrator meeting the requirements of subsection (d) of this section. <sidenote><p class="firstIndent1 fontsize8">Restrictions.</p></sidenote>No loan shall be made under this subchapter to an eligible veteran or person pursuing a program of correspondence, flight, apprentice or other on-job, or PREP training.</content></paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><chapeau>Any agreement between the Administrator and a veteran or person under this subchapter—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>shall include a note or other written obligation which provides for repayment to the Administrator of the principal amount of, and payment of interest on, the loan in installments over a period beginning nine months after the date on which the borrower ceases to be at least a half-time student and ending ten years and nine months after such date;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>shall include provision for acceleration of repayment of all or any part of the loan, without penalty, at the option of the borrower;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>shall provide that the loan shall bear interest, on the unpaid balance of the loan, at a rate prescribed by the Administrator, with the concurrence of the Secretary of the Treasury, but at a rate not less than a rate determined by the Secretary, taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the maturity of loans made under this subchapter, except that no interest shall accrue prior to the beginning date of repayment; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>shall provide that the loan shall be made without security and without endorsement.</content></paragraph></subsection> <sidenote><p class="firstIndent1 fontsize8">Defaulted loan.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="e">“(e)</num><paragraph class="inline"><num value="1">(1) </num><content>Except as provided in paragraph (2) of this subsection, whenever the Administrator determines that a default has occurred on any loan made under this subchapter, he shall declare an overpayment, and such overpayment shall be recovered from the veteran or person concerned in the same manner as any other debt due the United States.</content></paragraph> <sidenote><p class="firstIndent1 fontsize8">Death or disability, liability discharge.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>If a veteran or person who has received a loan under this section dies or becomes permanently and totally disabled, then the Administrator shall discharge the veteran’s or person’s liability on such loan by repaying the amount owed on such loan.</content> <page identifier="/us/stat/88/1591">88 <inline class="smallCaps">Stat.</inline> 1591</page> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>The Administrator shall submit to the Committees on Veterans’ <sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote>Affairs of the Senate and the House of Representatives, not later than one year after the date of enactment of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 and annually thereafter, a separate <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1578.</p></sidenote>report specifying the default experience and default rate at each educational institution along with a comparison of the collective default experience and default rate at all such institutions.</content></paragraph></subsection></section> <section><num value="1799">“§ 1799. </num><heading class="inline">Revolving fund; insurance</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1799">38 USC 1799</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><content>There is hereby established in the Treasury of the United <sidenote><p class="firstIndent1 fontsize8">Veteran’s Administration Education Loan Fund.</p> <p class="firstIndent1 fontsize8">Establishment.</p></sidenote>States a revolving fund to be known as the ‘Veterans’ Administration Education Loan Fund’ (hereinafter in this section referred to as the ‘Fund’).</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>The Fund shall be available to the Administrator, without fiscal year limitation, for the making of loans under this subchapter.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><content>There shall be deposited in the Fund (1) by transfer from <sidenote><p class="firstIndent1 fontsize8">Transfer of funds.</p></sidenote>current and future appropriations for readjustment benefits such amounts as may be necessary to establish and supplement the Fund in order to meet the requirements of the Fund, and (2) all collections of fees and principal and interest (including overpayments declared under section 1798(e) of this title) on loans made under this <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1589.</p></sidenote>subchapter.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><content>The Administrator shall determine annually whether there <sidenote><p class="firstIndent1 fontsize8">Surplus funds, use.</p></sidenote>has developed in the Fund a surplus which, in his judgment, is more than necessary to meet the needs of the Fund, and such surplus, if any, shall be deemed to have been appropriated for readjustment benefits.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num><content>A fee shall be collected from each veteran or person obtaining <sidenote><p class="firstIndent1 fontsize8">Fee.</p></sidenote>a loan made under this subchapter for the purpose of insuring against defaults on loans made under this subchapter; and no loan shall be made under this subchapter until the fee payable with respect to such loan has been collected and remitted to the Administrator. The amount of the fee shall be established from time to time by the Administrator, but shall in no event exceed 3 per centum of the total <sidenote><p class="firstIndent1 fontsize8">Limitation.</p></sidenote>loan amount. The amount of the fee may be included in the loan to the veteran or person and paid from the proceeds thereof.”.</content></subsection></section></subchapter></quotedContent> </content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>The table of sections at the beginning of such chapter is amended by adding at the end thereof <toc> <referenceItem role="subchapter"><designator><inline class="smallCaps">“subchapter iii—</inline></designator><label><inline class="smallCaps">education loans to eligible veterans and eligible persons</inline></label></referenceItem> <referenceItem><designator>“1798. </designator><label>Eligibility for loans; amount and conditions of loans; interest rate on loans.</label></referenceItem> <referenceItem><designator>“1799. </designator><label>Revolving fund; insurance.”.</label></referenceItem> </toc> </content></subsection></section> <section class="firstIndent1 fontsize10"><num value="302"><inline class="smallCaps">Sec.</inline> 302. </num><subsection class="inline"><num value="a">(a) </num><content>Subchapter IV of chapter 34 of title 38, United States Code, is amended by adding at the end thereof the following new section: <quotedContent><section><num value="1686">“§ 1686. </num><heading>Education loans</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1686">38 USC 1686</ref>.</p></sidenote> <content>“Any eligible veteran shall be entitled to an education loan (if the program of education is pursued in a State) in such amount and on such terms and conditions as provided in sections 1798 and 1799 of this title.”.</content></section></quotedContent></content></subsection> <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1589; <i>Supra</i>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>The table of sections at the beginning of such chapter is amended by inserting <quotedContent> <toc> <referenceItem><designator>“1686. </designator><label>Education loans.”</label></referenceItem> </toc> </quotedContent> <p class="indent0 firstIndent0 fontsize10">below</p> <quotedContent><toc> <referenceItem><designator>“1685. </designator><label>Veteran-student services.”.</label></referenceItem> </toc></quotedContent> </content></subsection></section> <section class="firstIndent1 fontsize10"><num value="303"><inline class="smallCaps">Sec.</inline> 303. </num><subsection class="inline"><num value="a">(a) </num><content>Subchapter IV of chapter 35 of title 38, United States Code, is amended by adding at the end thereof the following new section: <page identifier="/us/stat/88/1592">88 <inline class="smallCaps">Stat.</inline> 1592</page> <quotedContent><section><num value="1737">“§ 1737. </num><heading>Education loans</heading> <content>“Any eligible person shall be entitled to an education loan (if the program of education is pursued in a State) in such amount and on such terms and conditions as provided in sections 1798 and 1799 of <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> pp. 1589, 1591.</p></sidenote>this title.”.</content></section></quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>The table of sections at the beginning of such chapter is amended by inserting <quotedContent> <toc> <referenceItem><designator>“1737. </designator><label>Education loans.”</label></referenceItem> </toc> </quotedContent> <p class="indent0 firstIndent0 fontsize10">below</p> <quotedContent> <toc> <referenceItem><designator>“1736. </designator><label>Specialized vocational training courses.”.</label></referenceItem> </toc></quotedContent> </content></subsection></section> <num value="IV">TITLE IV—</num><heading class="inline">VETERANS, WIVES, AND WIDOWS EMPLOYMENT ASSISTANCE AND PREFERENCE AND VETERANS’ REEMPLOYMENT RIGHTS</heading> <section class="firstIndent1 fontsize10"><num value="401"><inline class="smallCaps">Sec.</inline> 401. </num><chapeau>Chapter 41 of title 38, United States Code, is amended as follows:</chapeau> <subsection class="firstIndent1 fontsize10"><num value="a">(a) </num><content>Section 2001 is amended by redesignating paragraph (2) as paragraph (3) and adding after paragraph (1) a new paragraph (2) as follows: <sidenote><p class="firstIndent1 fontsize8">“Eligible person.”</p></sidenote> <quotedContent> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau>the term ‘eligible person’ means—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>the spouse of any person who died of a service-connected disability,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>the spouse of any member of the Armed Forces serving on active duty who, at the time of application for assistance under this chapter, is listed, pursuant to section 556 of title 37 and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (i) missing in action, (ii) captured in line of duty by a hostile force, or (iii) forcibly detained or interned in line of duty by a foreign government or power, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>the spouse of any person who has a total disability permanent in nature resulting from a service-connected disability or the spouse of a veteran who died while a disability so evaluated was in existence.”.</content></subparagraph></paragraph></quotedContent></content></subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s2002">38 USC 2002</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>Section 2002 is amended by (1) inserting “<quotedText>and eligible persons</quotedText>” after “<quotedText>eligible veterans</quotedText>” and (2) inserting “<quotedText>and persons</quotedText>” after “<quotedText>such veterans</quotedText>”.</content></subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s2003">38 USC 2003</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <chapeau>Section 2003 is amended by—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>striking out in the first sentence “<quotedText>250,000 veterans</quotedText>” and inserting in lieu thereof “<quotedText>250,000 veterans and eligible persons</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>striking out in the fourth sentence “<quotedText>veterans’</quotedText>” and inserting in lieu thereof “<quotedText>veterans’ and eligible persons’</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>inserting in clauses (1), (2), (4), (5), and (6) of the fifth sentence “<quotedText>and eligible persons</quotedText>” after “<quotedText>eligible veterans</quotedText>” each time the latter term appears in such clauses;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>inserting in clause (3) of the fifth sentence “<quotedText>or an eligible person’s</quotedText>” after “<quotedText>eligible veteran’s</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content>inserting in clause (4) of the fifth sentence “<quotedText>and persons</quotedText>” after “<quotedText>such veterans</quotedText>”.</content></paragraph></subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s2005">38 USC 2005</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num><content>Section 2005 is amended by inserting “<quotedText>and eligible persons</quotedText>” after “<quotedText>eligible veterans</quotedText>”.</content></subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s2006">38 USC 2006</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="e">(e) </num><content>The last sentence of section 2006(a) is amended by striking out “<quotedText>veterans</quotedText>” and inserting in lieu thereof “<quotedText>eligible veterans and eligible persons</quotedText>”.</content></subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s2007">38 USC 2007</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="f">(f) </num><chapeau>Section 2007 is amended by—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>inserting in subsection (a)(1) “<quotedText>and each eligible person</quotedText>” after “<quotedText>active duty,</quotedText>”;</content> <page identifier="/us/stat/88/1593">88 <inline class="smallCaps">Stat.</inline> 1593</page> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>redesignating subsection (b) as subsection (c) and inserting the following new subsection (b): <quotedContent><subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>The Secretary of Labor shall establish definitive performance Performance standards. standards for determining compliance by the State public employment service agencies with the provisions of this chapter and chapter 42 of this title. A full report as to the extent and reasons for any noncompliance <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s2011">38 USC 2011</ref>.</p></sidenote>by any such State agency during any fiscal year, together with the agency's plan for corrective action during the succeeding year, shall be included in the annual report of the Secretary of Labor required by subsection (c) of this section.”; and</content></subsection></quotedContent></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>striking out in the second sentence of subsection (c) (as redesignated by clause (2) of this subsection) “<quotedText>and other eligible veterans</quotedText>” and inserting in lieu thereof “<quotedText>other eligible veterans, and eligible persons</quotedText>”.</content></paragraph> </subsection></section> <section class="firstIndent1 fontsize10"><num value="402"><inline class="smallCaps">Sec.</inline> 402. </num><chapeau>Chapter 42 of title 38, United States Code, is amended as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by inserting in the first sentence of section 2012(a) “<quotedText>in the <sidenote><p class="firstIndent1 fontsize8">Employment under Federal contracts.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s2012">38 USC 2012</ref>.</p></sidenote>amount of $10,000 or more</quotedText>” after “<quotedText>contract</quotedText>” where it first appears, by striking out “<quotedText>, in employing persons to carry out such contract,</quotedText>” in such sentence, and by striking out “<quotedText>give special emphasis to the employment of</quotedText>” and inserting in lieu thereof “<quotedText>take affirmative action to employ and advance in employment</quotedText>” in such sentence;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by striking out in the third sentence of section 2012(a) “<quotedText>The</quotedText>” and inserting in lieu thereof “<quotedText>In addition to requiring affirmative action to employ such veterans under such contracts and subcontracts and in order to promote the implementation of such requirement, the</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>by striking out in the first sentence of section 2012(b) “<quotedText>giving special emphasis in employment to</quotedText>” and inserting in lieu thereof “<quotedText>the employment of</quotedText>”.</content></paragraph></section> <section class="firstIndent1 fontsize10"><num value="403"><inline class="smallCaps">Sec.</inline> 403. </num><subsection class="inline"><num value="a">(a) </num><content>Chapter 42 of title 38, United States Code, is amended by adding at the end thereof the following new section: <quotedContent><section><num value="2014">“§ 2014. </num><heading class="inline">Employment within the Federal Government</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s2014">38 USC 2014</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><content>It is the policy of the United States and the purpose of this section to promote the maximum of employment and job advancement opportunities within the Federal Government for qualified disabled veterans and veterans of the Vietnam era.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>To further this policy, veterans of the Vietnam era shall be <sidenote><p class="firstIndent1 fontsize8">Veterans readjustment appointments, eligibility.</p></sidenote>eligible, in accordance with regulations which the Civil Service Commission shall prescribe, for veterans readjustment appointments up to and including the level GS-5, as specified in subchapter II of chapter 51 of title 5, and subsequent career-conditional appointments, under <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 and note</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s3302">5 USC 3302 note</ref>.</p></sidenote>the terms and conditions specified in Executive Order Numbered 11521 (March 26, 1970), except that in applying the one-year period of eligibility specified in section 2(a) of such order to a veteran or disabled veteran who enrolls, within one year following separation from the Armed Forces or following release from hospitalization or treatment immediately following separation from the Armed Forces, in a program of education (as defined in section 1652 of this title) on more <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1652">38 USC 1652</ref>.</p> <p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1581.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1788">38 USC 1788</ref>.</p></sidenote>than a half-time basis (as defined in section 1788 of this title), the time spent in such program of education (including customary periods of vacation and permissible absences) shall not be counted. The eligibility of such a veteran for a readjustment appointment shall continue for not less than six months after such veteran first ceases to be enrolled therein on more than a half-time basis. No veterans readjustment <sidenote><p class="firstIndent1 fontsize8">Termination date.</p></sidenote>appointment may be made under authority of this subsection after June 30, 1978.</content></subsection> <page identifier="/us/stat/88/1594">88 <inline class="smallCaps">Stat.</inline> 1594</page> <sidenote><p class="firstIndent1 fontsize8">Disable veterans.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><content>Each department, agency, and instrumentality in the executive branch shall include in its affirmative action plan for the hiring, placement, and advancement of handicapped individuals in such department, agency, or instrumentality as required by section 501(b) of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s791">29 USC 791</ref>.</p></sidenote>Public Law 93–112 (87 Stat. 391), a separate specification of plans (in accordance with regulations which the Civil Service Commission shall prescribe in consultation with the Administrator, the Secretary of Labor, and the Secretary of Health, Education, and Welfare, consistent with the purposes, provisions, and priorities of such Act) to promote and carry out such affirmative action with respect to disabled veterans in order to achieve the purpose of this section.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Review and evaluation.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><content>The Civil Service Commission shall be responsible for the review and evaluation of the implementation of this section and the activities of each such department, agency, and instrumentality to <sidenote><p class="firstIndent1 fontsize8">Reports, publication.</p></sidenote>carry out the purpose and provisions of this section. The Commission shall periodically obtain and publish (on at least a semiannual basis) reports on such implementation and activities from each such department, agency, and instrumentality, including specification of the use and extent of appointments made under subsection (b) of this section and the results of the plans required under subsection (c) thereof.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num><content>The Civil Service Commission shall submit to the Congress annually a report on activities carried out under this section, except that, with respect to subsection (c) of this section, the Commission may include a report of such activities separately in the report required to be submitted by section 501(d) of such Public Law 93–112, regarding the employment of handicapped individuals by each department, agency, and instrumentality.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">“Veteran” and “disable veteran.”</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="f">“(f) </num><content>Notwithstanding section 2011 of this title, the terms ‘veteran’ and ‘disabled veteran’ as used in this section shall have the meaning provided for under generally applicable civil service law and regulations.”.</content></subsection></section></quotedContent></content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>The table of sections at the beginning of such chapter is amended by adding at the end thereof <toc> <referenceItem><designator>“2014. </designator><label>Employment within the Federal Government.”.</label></referenceItem> </toc> </content> </subsection></section> <section><num value="404"><inline class="smallCaps">Sec.</inline> 404. </num><subsection class="inline"><num value="a">(a) </num><content>Part III of title 38, United States Code, is amended by adding at the end thereof a new chapter as follows: <quotedContent> <chapter> <num value="43">“Chapter 43—</num><heading class="inline">Veterans’ Reemployment Rights</heading> <toc> <headingItem> <designator>“Sec.</designator> <label/> </headingItem> <referenceItem><designator>“2021. </designator><label>Right to reemployment of inducted persons; benefits protected.</label></referenceItem> <referenceItem><designator>“2022. </designator><label>Enforcement procedures.</label></referenceItem> <referenceItem><designator>“2023. </designator><label>Reemployment by the United States, territory, possession, or the District of Columbia.</label></referenceItem> <referenceItem><designator>“2024. </designator><label>Rights of persons who enlist or are called to active duty; Reserves.</label></referenceItem> <referenceItem><designator>“2025. </designator><label>Assistance in obtaining reemployment.</label></referenceItem> <referenceItem><designator>“2026. </designator><label>Prior rights for reemployment.</label></referenceItem> </toc> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s2021">38 USC 2021</ref>.</p></sidenote> <section><num value="2021">“§ 2021. </num><heading>Right to reemployment of inducted persons; benefits protected</heading> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><chapeau>In the case of any person who is inducted into the Armed <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s451">50 USC app. 451</ref>.</p></sidenote>Forces of the United States under the Military Selective Service Act (or under any prior or subsequent corresponding law) for training and service and who leaves a position (other than a temporary position) in the employ of any employer in order to perform such training and service, and (1) receives a certificate described in section 9(a) <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s459">50 USC app. 459</ref>.</p></sidenote>of the Military Selective Service Act (relating to the satisfactory completion of military service), and (2) makes application for reemployment within ninety days after such person is relieved from such training and service or from hospitalization continuing after discharge for a period of not more than one year—</chapeau> <page identifier="/us/stat/88/1595">88 <inline class="smallCaps">Stat.</inline> 1595</page> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num><chapeau>if such position was in the employ of the United States <sidenote><p class="firstIndent1 fontsize8">U.S. Government employment.</p></sidenote>Government, its territories, or possessions, or political subdivisions thereof, or the District of Columbia, such person shall—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>if still qualified to perform the duties of such position, be restored to such position or to a position of like seniority, status, and pay; or</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>if not qualified to perform the duties of such position, by reason of disability sustained during such service, but qualified to perform the duties of any other position in the employ of the employer, be offered employment and, if such person so requests, be employed in such other position the duties of which such person is qualified to perform as will provide such person like seniority, status, and pay, or the nearest approximation thereof consistent with the circumstances in such person's case;</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <chapeau>if such position was in the employ of a State, or political <sidenote><p class="firstIndent1 fontsize8">State or private employment.</p></sidenote>subdivision thereof, or a private employer, such person shall—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>if still qualified to perform the duties of such position, be restored by such employer or his successor in interest to such position or to a position of like seniority, status, and pay; or</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>if not qualified to perform the duties of such position, by reason of disability sustained during such service, but qualified to perform the duties of any other position in the employ of such employer or his successor in interest, be offered employment and, if such person so requests, be employed by such employer or his successor in interest in such other position the duties of which such person is qualified to perform as will provide such person like seniority, status, and pay, or the nearest approximation thereof consistent with the circumstances in such person’s case,</content></clause></subparagraph> <continuation class="indent0 firstIndent0 fontsize10">unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so. Nothing in this chapter <sidenote><p class="firstIndent1 fontsize8">Noncompliance of employer.</p></sidenote>shall excuse noncompliance with any statute or ordinance of a State or political subdivision thereof establishing greater or additional rights or protections than the rights and protections established pursuant to this chapter.</continuation></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><paragraph class="inline"><num value="1">(1) </num><content>Any person who is restored to or employed in a position in accordance with the provisions of clause (A) or (B) of subsection (a) of this section shall lie considered as having been on furlough or leave of absence during such person’s period of training and service in the Armed Forces, shall be so restored or reemployed without loss of seniority, shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such person was inducted into such forces, and shall not be discharged from such position without cause within one year after such restoration or reemployment.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>It is hereby declared to be the sense of the Congress that any <sidenote><p class="firstIndent1 fontsize8">Status rights.</p></sidenote>person who is restored to or employed in a position in accordance with the provisions of clause (A) or (B) of subsection (a) of this section should be so restored or reemployed in such manner as to give such person such status in his employment as he would have enjoyed if such person had continued in such employment continuously from the time of such person’s entering the Armed Forces until the time of such person’s restoration to such employment, or reemployment.</content> <page identifier="/us/stat/88/1596">88 <inline class="smallCaps">Stat.</inline> 1596</page> </paragraph> <sidenote><p class="firstIndent1 fontsize8">Reserve component members.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>Any person who holds a position described in clause (A) or (B) of subsection (a) of this section shall not be denied retention in employment or any promotion or other incident or advantage of employment because of any obligation as a member of a Reserve component of the Armed Forces.</content></paragraph></subsection> <sidenote><p class="firstIndent1 fontsize8">State employee.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><content>The rights granted by subsections (a) and (b) of this section to persons who left the employ of a State or political subdivision thereof and were inducted into the Armed Forces shall not diminish any rights such persons may have pursuant to any statute or ordinance of such State or political subdivision establishing greater or additional rights or protections.</content></subsection></section> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s2022">38 USC 2022</ref>.</p></sidenote> <section><num value="2022">“§ 2022. </num><heading>Enforcement procedures</heading> <content>“If any employer, who is a private employer or a State or political subdivision thereof, fails or refuses to comply with the provisions of <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1594.</p> <p class="firstIndent1 fontsize8"><i>Post,</i> p. 1598.</p></sidenote>section 2021 (a), (b) (1), or (b) (3), or section 2024. the district court of the United States for any district in which such private employer maintains a place of business, or in which such State or political subdivision thereof exercises authority or carries out its functions, shall have the power, upon the filing of a motion, petition, or other appropriate pleading by the person entitled to the benefits of such provisions, specifically to require such employer to comply with such provisions and to compensate such person for any loss of wages or benefits suffered by reason of such employer’s unlawful action. Any such compensation shall be in addition to and shall not be deemed to diminish any of the <sidenote><p class="firstIndent1 fontsize8">Hearing.</p></sidenote>benefits provided for in such provisions. The court shall order speedy hearing in any such case and shall advance it on the calendar. Upon application to the United States attorney or comparable official for any district in which such private employer maintains a place of business, or in which such State or political subdivision thereof exercises authority or carries out its functions, by any person claiming to be entitled to the benefits provided for in such provisions, such United States attorney or official, if reasonably satisfied that the person so applying is entitled to such benefits, shall appear and act as attorney for such person in the amicable adjustment of the claim or in the filing of any motion, petition, or other appropriate pleading and the prosecution thereof specifically to require such employer to comply with such provisions. No fees or court costs shall be taxed against any person who may apply for such benefits. In any such action only the employer shall be deemed a necessary party respondent. No State statute of limitations shall apply to any proceedings under this chapter.</content></section> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s2023">38 USC 2023</ref>.</p></sidenote> <section><num value="2023">“§ 2023. </num><heading>Reemployment by the United States, territory, possession, or the District of Columbia</heading> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><chapeau>Any person who is entitled to be restored to or employed in a position in accordance with the provisions of clause (A) of section <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1594.</p></sidenote>2021(a) and who was employed, immediately before entering the Armed Forces, by any agency in the executive branch of the Government or by any territory or possession, or political subdivision thereof, or by the District of Columbia, shall be so restored or reemployed by such agency or the successor to its functions, or by such territory, possession, political subdivision, or the District of Columbia. In any case in which, upon appeal of any person who was employed, immediately before entering the Armed Forces, by any agency in the executive branch of the Government or by the District of Columbia, the United States Civil Service Commission finds that—</chapeau> <page identifier="/us/stat/88/1597">88 <inline class="smallCaps">Stat.</inline> 1597</page> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>such agency is no longer in existence and its functions have not been transferred to any other agency; or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>for any reason it is not feasible for such person to be restored to employment by such agency or by the District of Columbia.</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">the Commission shall determine whether or not there is a position in any other agency in the executive branch of the Government or in the government of the District of Columbia for which such person is qualified and which is either vacant or held by a person having a temporary appointment thereto. In any case in which the Commission determines that there is such a position, such person shall be offered employment and, if such person so requests, be employed in such position by the agency in which such position exists or by the government of the District of Columbia, as the case may be. The Commission is authorized <sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote>and directed to issue regulations giving full force and effect to the provisions of this section insofar as they relate to persons entitled to be restored to or employed in positions in the executive branch of the Government or in the government of the District of Columbia, including persons entitled to be reemployed under the last sentence of subsection (b) of this section. The agencies in the executive branch of the <sidenote><p class="firstIndent1 fontsize8">Compliance order; compensation for loss of wages.</p></sidenote>Government and the government of the District of Columbia shall comply with such rules, regulations, and orders issued by the Commission pursuant to this subsection. The Commission is authorized and directed whenever it finds, upon appeal of the person concerned, that any agency in the executive branch of the Government or the government of the District of Columbia has failed or refuses to comply with the provisions of this section, to issue an order specifically requiring such agency or the government of the District of Columbia to comply with such provisions and to compensate such person for any loss of salary or wages suffered by reason of failure to comply with such provisions, less any amounts received by such person through other employment, unemployment compensation, or readjustment allowances. Any such compensation ordered to be paid by the Commission shall be in addition to and shall not be deemed to diminish any of the benefits provided for in such provisions, and shall be paid by the head of the agency concerned or by the government of the District of Columbia out of appropriations currently available for salary and expenses of such agency or government, and such appropriations shall be available for such purpose. As used in this chapter, the term ‘agency in the <sidenote><p class="firstIndent1 fontsize8">“Agency in the executive branch of the Government.”</p></sidenote>executive branch of the Government’ means any department, independent establishment, agency, or corporation in the executive branch of the United States Government (including the United States Postal Service and the Postal Rate Commission).</continuation></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>Any person who is entitled to be restored to or employed in a <sidenote><p class="firstIndent1 fontsize8">Restoration to legislative position.</p> <p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1594.</p></sidenote>position in accordance with the provisions of clause (A) of section 2021(a), and who was employed, immediately before entering the Armed Forces, in the legislative branch of the Government, shall be so restored or employed by the officer who appointed such person to the position which such person held immediately before entering the Armed Forces. In any case in which it is not possible for any such <sidenote><p class="firstIndent1 fontsize8">Transfer to executive position.</p></sidenote>person to be restored to or employed in a position in the legislative branch of the Government and such person is otherwise eligible to acquire a status for transfer to a position in the competitive service in accordance with section 3304(c) of title 5, the United States Civil Service Commission shall, upon appeal of such person, determine <page identifier="/us/stat/88/1598">88 <inline class="smallCaps">Stat.</inline> 1598</page>whether or not there is a position in the executive branch of the Government for which such person is qualified and which is either vacant or held by a person having a temporary appointment thereto. In any case in which the Commission determines that there is such a position, such person shall be offered employment and, if such person so requests, be employed in such position by the agency in which such position exists.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Restoration to judicial position.</p> <p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1594.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><content>Any person who is entitled to be restored to or employed in a position in accordance with the provisions of clause (A) of section 2021(a) and who was employed, immediately before entering the Armed Forces, in the judicial branch of the Government, shall be so restored or reemployed by the officer who appointed such person to the position which such person held immediately before entering the Armed Forces.</content></subsection></section> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s2024">38 USC 2024</ref>.</p></sidenote> <section><num value="2024">“§ 2024. </num><heading class="inline">Rights of persons who enlist or are called to active duty; Reserves</heading> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><content>Any person who, after entering the employment on the basis of which such person claims restoration or reemployment, enlists in the Armed Forces of the United States (other than in a Reserve component) shall be entitled upon release from service under honorable conditions to all of the reemployment rights and other benefits provided for by this section in the case of persons inducted under the provisions <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s451">50 USC app. 451</ref>.</p></sidenote>of the Military Selective Service Act (or prior or subsequent legislation providing for the involuntary induction of persons into the Armed Forces), if the total of such person’s service performed between June 24, 1948, and August 1, 1961, did not exceed four years, and the total of any service, additional or otherwise, performed by such person after August 1, 1961, does not exceed five years, and if the service in excess of four years after August 1, 1961, is at the request and for the convenience of the Federal Government (plus in each case any period of additional service imposed pursuant to law).</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><paragraph class="inline"><num value="1">(1) </num><content>Any person who, after entering the employment on the basis of which such person claims restoration or reemployment, enters upon active duty (other than for the purpose of determining physical fitness and other than for training), whether or not voluntarily, in the Armed Forces of the United States or the Public Health Service in response to an order or call to active duty shall, upon such person’s relief from active duty under honorable conditions, be entitled to all of the reemployment rights and benefits provided for by this chapter in the case of persons inducted under the provisions of the Military Selective Service Act (or prior or subsequent legislation providing for the involuntary induction of persons into the Armed Forces), if the total of such active duty performed between June 24, 1948, and August 1, 1961, did not exceed four years, and the total of any such active duty, additional or otherwise, performed after August 1, 1961, does not exceed four years (plus in each case any additional period in which such person was unable to obtain orders relieving such person from active duty).</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Any member of a Reserve component of the Armed Forces of the United States who voluntarily or involuntarily enters upon active duty (other than for the purpose of determining physical fitness and other than for training) or whose active duty is voluntarily or involuntarily extended during a period when the President is authorized to order units of the Ready Reserve or members of a Reserve component to active duty shall have the service limitation governing eligibility for <page identifier="/us/stat/88/1599">88 <inline class="smallCaps">Stat.</inline> 1599</page>reemployment rights under subsection (b) (1) of this section extended by such member’s period of such active duty, but not to exceed that period of active duty to which the President is authorized to order units of the Ready Reserve or members of a Reserve component. With <sidenote><p class="firstIndent1 fontsize8">Additional active duty.</p></sidenote>respect to a member who voluntarily enters upon active duty or whose active duty is voluntarily extended, the provisions of this subsection shall apply only when such additional active duty is at the request and for the convenience of the Federal Government.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><content>Amy member of a Reserve component of the Armed Forces of <sidenote><p class="firstIndent1 fontsize8">Duty for less than three months.</p></sidenote>the United States who is ordered to an initial period of active duty for training of not less than three consecutive months shall, upon application for reemployment within thirty-one days after (1) such member’s release from such active duty for training after satisfactory service, or (2) such member’s discharge from hospitalization incident to such active duty for training, or one year after such member's scheduled release from such training, whichever is earlier, be entitled to all reemployment rights and benefits provided by this chapter for persons inducted under the provisions of the Military Selective Service Act (or prior or subsequent legislation providing for the involuntary <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s451">50 USC app. 451</ref>.</p> <p class="firstIndent1 fontsize8">Six-month discharge period.</p></sidenote>induction of persons into the Armed Forces), except that (A) any person restored to or employed in a position in accordance with the provisions of this subsection shall not be discharged from such position without cause within six months after that restoration, and (B) no reemployment rights granted by this subsection shall entitle any person to retention, preference, or displacement rights over any veteran with a superior claim under those provisions of title 5 relating to <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s101">5 USC 101 <i>et seq.</i></ref></p></sidenote>veterans and other preference eligibles.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><content>Any employee not covered by subsection (c) of this section <sidenote><p class="firstIndent1 fontsize8">Leave of absence for active or inactive duty training.</p> <p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1594.</p></sidenote>who holds a position described in clause (A) or (B) of section 2021(a) shall upon request be granted a leave of absence by such person’s employer for the period required to perform active duty for training or inactive duty training in the Armed Forces of the United States. Upon such employee’s release from a period of such active duty for training or inactive duty training, or upon such employee’s discharge from hospitalization incident to that training, such employee shall be permitted to return to such employee’s position with such seniority, status, pay, and vacation as such employee would have had if such employee had not been absent for such purposes. Such employee shall report for work at the beginning of the next regularly scheduled working period after expiration of the last calendar day necessary to travel from the place of training to the place of employment following such employee’s release, or within a reasonable time thereafter if delayed return is due to factors beyond the employee’s control. Failure to report for work at such next regularly scheduled working period shall make the employee subject to the conduct rules of the employer pertaining to explanations and discipline with respect to absence from scheduled work. If such an employee is hospitalized incident to active duty for training or inactive duty training, such employee shall be required to report for work at the beginning of the next regularly scheduled work period after expiration of the time necessary to travel from the place of discharge from hospitalization to the place of employment, or within a reasonable time thereafter if delayed return is due to factors beyond the employee’s control, or within one year after such employee’s release from active duty for training or inactive duty training, whichever is earlier. If an employee <page identifier="/us/stat/88/1600">88 <inline class="smallCaps">Stat.</inline> 1600</page>covered by this subsection is not qualified to perform the duties of such employee’s position by reason of disability sustained during active duty for training or inactive duty training, but is qualified to perform the duties of any other position m the employ of the employer or his successor in interest, such employee shall be offered employment and, if such person so requests, be employed by that employer or his successor in interest in such other position the duties of which such employee is qualified to perform as will provide such employee like seniority, status, and pay, or the nearest approximation thereof consistent with the circumstances in such employee’s case.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Induction period considered as leave of absence.</p> <p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1594.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num><content>Any employee not covered by subsection (c) of this section who holds a position described in clause (A) or (B) of section 2021 (a) shall be considered as having been on leave of absence during the period required to report for the purpose of being inducted into, entering, or determining, by a preinduction or other examination, physical fitness to enter the Armed Forces. Upon such employee’s rejection, upon completion of such employee’s preinduction or other examination, or upon such employee’s discharge from hospitalization incident to such rejection or examination, such employee shall be permitted to return to such employee’s position in accordance with the provisions of subsection (d) of this section.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Active and inactive duty training.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="f">“(f) </num><content>For the purposes of subsections (c) and (d) of this section, full-time training or other full-time duty performed by a member of the National Guard under section 316, 503, 504, or 505 of title 32, is considered active duty for training; and for the purpose of subsection (d) of this section, inactive duty training performed by that member under section 502 of title 32 or section 206, 301, 309, 402, or 1002 of title 37, is considered inactive duty training.</content></subsection></section> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s2025">38 USC 2025</ref>.</p></sidenote> <section><num value="2025">“§ 2025. </num><heading>Assistance in obtaining reemployment</heading> <content>“The, Secretary of Labor, through the Office of Veterans’ Reemployment Rights, shall render aid in the replacement in their former positions or reemployment of persons who have satisfactorily completed any period of active duty in the Armed Forces or the Public Health Service. Tn rendering such aid, the Secretary shall use existing Federal and State agencies engaged in similar or related activities and shall utilize the assistance of volunteers.</content></section> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s2026">38 USC 2026</ref>.</p></sidenote> <section><num value="2026">“§ 2026. </num><heading>Prior rights for reemployment</heading> <content>“In any case in which two or more persons who are entitled to be restored to or employed in a position under the provisions of this chapter or of any other law relating to similar reemployment benefits left the same position in order to enter the Armed Forces, the person who left such position first shall have the prior right to be restored thereto or reemployed on the basis thereof, without prejudice to the reemployment rights of the other person or persons to be restored or reemployed.”.</content></section></chapter></quotedContent></content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>The table of chapters at the beginning of title 38, United States Code, and the table of chapters at the beginning of part III of such title are each amended by adding at the end thereof <toc> <referenceItem><designator>“43. </designator><label leaderChar="-" leaderAlign="right">Veterans’ Reemployment Rights</label> <target>2021”.</target></referenceItem> </toc> </content></subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s459">50 USC app. 459</ref>.</p></sidenote> </section> <section class="firstIndent1 fontsize10"><num value="405"><inline class="smallCaps">Sec.</inline> 405. </num><chapeau>Section 9 of the Military Selective Service Act is amended by—</chapeau> <sidenote><p class="firstIndent1 fontsize8">Repeal.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>repealing subsections (b) through (h); and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>redesignating subsections (i) and (j) as subsections (b) and (c), respectively.</content> </paragraph> </section> 88 Stat. 1601 <num value="V">TITLE V—</num><heading class="inline">EFFECTIVE DATES</heading> <section class="firstIndent1 fontsize10"> <num value="501"><inline class="smallCaps">Sec.</inline> 501. </num><content>Title I of this Act shall become effective on September 1, 1974.</content> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1501">38 USC 1501 note</ref>.</p></sidenote></section> <section class="firstIndent1 fontsize10"><num value="502"><inline class="smallCaps">Sec.</inline> 502. </num><content>Title III of this Act shall become effective on January 1, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1798">38 USC 1798 note</ref>.</p></sidenote>1975, except that eligible persons shall, upon application, be entitled (and all such persons shall be notified by the Administrator of Veterans’ Affairs of such entitlement) to a loan under the new subchapter III of chapter 36 of title 38, United States Code, as added by section 301 of this Act, the terms of which take into account the <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1589.</p></sidenote>full amount of the actual cost of attendance (as defined in section 1798(b)(2)(C) of such title) which such persons incurred for the academic year beginning on or about September 1, 1974.</content> </section> <section class="firstIndent1 fontsize10"><num value="503"><inline class="smallCaps">Sec.</inline> 503. </num><content>Titles II and IV of this Act shall become effective on the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1652">38 USC 1652 note</ref>.</p></sidenote>date of their enactment.</content></section> Carl Albert Speaker of the House of Representatives. James O. Eastland President of the Senate pro tempore. IN THE HOUSE OF REPRESENTATIVES, U.S.,

December 3, 1974.

The House of Representatives having proceeded to reconsider the bill (H. R. 12628) entitled “An Act to amend title 38, United States Code, to increase vocational rehabilitation subsistence allowances, educational and training assistance allowances, and special allowances paid to eligible veterans and persons under chapters 31, 34, and 35 of such title; to improve and expand the special programs for educationally disadvantaged veterans and servicemen under chapter 34 of such title; to improve and expand the veteran-student services program; to establish an education loan program for veterans and persons eligible for benefits under chapter 34 or 35 of such title; to make other improvements in the educational assistance program and in the administration of educational benefits; to promote the employment of veterans and the wives and widows of certain veterans by improving and expanding the provisions governing the operation of the Veterans Employment Service, by increasing the employment of veterans by Federal contractors and subcontractors, and by providing for an action plan for the employment of disabled and Vietnam era veterans within the Federal Government; to codify and expand veterans reemployment rights; and for other purposes”, returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was

88 Stat. 1602 Resolved,

That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same.

Attest. W. Pat Jennings Clerk. By W. Raymond Colley I certify that this Act originated in the House of Representatives. W. Pat Jennings Clerk. By W. Raymond Colley IN THE SENATE OF THE UNITED STATES,

December 3, 1974.

The Senate having proceeded to reconsider the bill (H. R. 12628) entitled “An Act to amend title 38, United States Code, to increase vocational rehabilitation subsistence allowances, educational and training assistance allowances, and special allowances paid to eligible veterans and persons under chapters 31, 34, and 35 of such title; to improve and expand the special programs for educationally disadvantaged veterans and servicemen under chapter 34 of such title; to improve and expand the veteran-student services program; to establish an education loan program for veterans and persons eligible for benefits under chapter 34 or 35 of such title; to make other improvements in the educational assistance program and in the administration of educational benefits; to promote the employment of veterans and the wives and widows of certain veterans by improving and expanding the provisions governing the operation of the Veterans Employment Service, by increasing the employment of veterans by Federal contractors and subcontractors, and by providing for an action plan for the employment of disabled and Vietnam era veterans within the Federal Government; to codify and expand veterans reemployment rights; and for other purposes”, returned by the President of the United States with his objections to the House of Representatives, in which it originated, it was

Resolved,

That the said bill pass, two-thirds of the Senators present having voted in the affirmative.

Attest: Francis R. Valeo Secretary. By Darrell St. Claire Assistant Secretary
Public Law 93–509: To amend the National Wildlife Refuge System Administration Act of 1966 to require payment of the fair market value of rights-of-way or other interests granted in such areas in connection with such uses, and for other purposes. Public Law 509 Public Law 93–509 88 Stat. 1603 1974-12-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1603 Public Law 93–509 93rd Congress
AN ACT To amend the National Wildlife Refuge System Administration Act of 1966 to require payment of the fair market value of rights-of-way or other interests granted in such areas in connection with such uses, and for other purposes.

December 3, 1974

[H. R. 17434]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

National Wildlife Refuge System Administration Act Admendments of 1974.

16 USC 668dd note.

be cited as the “National Wildlife Refuge System Administration Act Amendments of 1974”.
Sec. 2. Section 4(d) of the Act of October 15, 1966 (80 Stat. 928, 16 U.S.C. 668dd(d)), is amended— (1) by striking out “(1)” and “(2)” and inserting in lieu thereof “(A)” and “(B)”, respectively; (2) by inserting “(1)” immediately after “(d)”; and (3) by adding at the end thereof the following new paragraph: “(2) Notwithstanding any other provision of law, the Secretary of

Rights-of-way, easements, or reservations, payment of fair market value.

the Interior may not grant to any Federal, State, or local agency or to any private individual or organization any right-of-way, easement, or reservation in, over, across, through, or under any area within the system in connection with any use permitted by him under paragraph (1)(B) of this subsection unless the grantee pays to the Secretary, at the option of the Secretary, either (A) in lump sum the fair market value (determined by the Secretary as of the date of conveyance to the grantee) of the right-of-way, easement, or reservation; or (B) annually in advance the fair market rental value (determined by the Secretary) of the right-of-way, easement, or reservation. If any Federal, State, or local agency is exempted from such payment by any other provision of Federal law, such agency shall otherwise compensate the. Secretary by any other means agreeable to the Secretary, including, but not limited to, making other land available or the loan of equipment or personnel; except that (A) any such compensation shall relate to, and be consistent with, the objectives of the National Wildlife Refuge System, and (B) the Secretary may waive such requirement for compensation if he finds such requirement impracticable or unnecessary. All sums received by the Secretary of the Interior pursuant to this paragraph shall, after payment of any necessary expenses incurred by him in administering this paragraph, be deposited into the Migratory Bird Conservation Fund and shall be available to carry out the provisions for land acquisition of the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.) and the Migratory Bird Hunting Stamp Act (16 U.S.C. 718 et seq.).”.
Sec. 3. Section 4(d) (2) of the Act of October 15, 1966 (as added

Date of applicability.

16 USC 668dd note.

by this Act), shall apply with respect to any right-of-way, easement, or reservation granted by the Secretary of the Interior on or after the date of the enactment of this Act, including any right-of-way, easement, or reservation granted on or after such date in connection with any use permitted by him pursuant to section 4(d)(2) of the Act of October 15, 1966 (as in effect before the date of the enactment of this Act).
Sec. 4. That section 401 (e) of the Act of January 15, 1935 (16 U.S.C.

Transfer of surplus funds.

715s(e)), is amended to read as follows: “(e) Any moneys remaining in the fund after all payments under this section are made for any fiscal year shall be transferred to the Migratory Bird Conservation Fund and shall be available for land acquisition under the provisions of the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.); except that the funds available for the 88 Stat. 1604management of the National Wildlife Refuge System or for enforcement

16 USC 710.

of the Migratory Bird Treaty Act shall not be diminished by the amendments made to this subsection by the National Wildlife Refuge System Administration Act Amendments of 1974, unless by specific Act of Congress.”.
Approved December 3, 1974.
Public Law 93–510: To provide authority to expedite procedures for consideration and approval of projects drawing upon more than one Federal assistance program, to simplify requirements for operation of those projects, and for other purposes. Public Law 510 Public Law 93–510 88 Stat. 1604 1974-12-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–510 93rd Congress
AN ACT To provide authority to expedite procedures for consideration and approval of projects drawing upon more than one Federal assistance program, to simplify requirements for operation of those projects, and for other purposes.

December 5, 1974

[S. 2299]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Joint Funding Simplification Act of 1974.

42 USC 4251 note.

be cited as the “Joint Funding Simplification Act of 1974”.
purpose

42 USC 4251.

 Sec. 2. The purpose of this Act is to enable State and local governments and private, nonprofit organizations to use Federal assistance more effectively and efficiently, and to adapt that assistance more readily to their particular needs through the wider use of projects drawing upon resources available from more than one Federal agency, program, or appropriation. It is the further purpose of this Act to encourage Federal-State arrangements under which local governments and private, nonprofit organizations may more effectively and efficiently combine State and Federal resources in support of projects of common interest to the governments and organizations concerned.
basic responsibilities of the president and heads of federal agencies

Regulations.

42 USC 4252.

 Sec. 3. (a) The President shall promulgate such regulations as may be necessary or appropriate to assure that this Act is applied by all Federal agencies in a consistent manner and in accordance with its purposes. He may, for this purpose, require that Federal agencies adopt or prescribe procedures that will assure that applicants for assistance to projects funded pursuant to the provisions of this Act make appropriate efforts (1) to secure the views and recommendations of non-Federal agencies that may be significantly affected by such projects, and (2) to resolve questions of common interest to those agencies prior to submission of any application. (b) Subject to such regulations as the President may prescribe, and to other applicable law, the heads of Federal agencies, by internal agency order or interagency agreement, may take the following actions: (1) Identification of related programs likely to be particularly suitable or appropriate for providing joint support for specific kinds of projects thereunder. (2) Development and promulgation of guidelines, model or illustrative projects, joint or common application forms, and other material or guidance to assist in the planning and development of projects drawing support from different programs. (3) Review of administratively established program requirements in order to determine which of those requirements may impede joint support of projects thereunder and the extent to which such requirements may be modified, making such modifica-88 Stat. 1605tions where appropriate. (4) Establishment of common technical or administrative rules with respect to related programs to assist in the joint use of funds in the support of specific projects or classes of projects under such programs. (5) Creation of joint or common application processing and project supervision procedures or mechanisms including procedures for designating lead agencies to assume responsibilities for processing applications on behalf of several agencies and for designation of managing agencies to assume responsibilities for project supervision on behalf of several agencies. (c) The head of each Federal agency shall be responsible for taking actions, to the maximum extent permitted under applicable law, that will further the purpose of this Act with respect to Federal assistance programs administered by his agency. Each Federal agency head shall also consult and cooperate with the heads of other Federal agencies in order similarly to promote the purposes of this Act with respect to Federal assistance programs of different agencies that may be used jointly in support of projects undertaken by State or local governments, or private, nonprofit organizations.
application processing Sec. 4. Actions taken by Federal agency heads pursuant to this Act

42 USC 4253.

that relate to the processing of applications or requests for assistance under two or more Federal programs in support of any project shall be designed to assure, so far as reasonably possible, that (1) all required reviews and approvals are handled expeditiously; (2) full account is taken of any special considerations of timing that are made known by the applicant that would affect the feasibility of a jointly funded project; (3) the applicant is required to deal with a minimum number of Federal representatives, acting separately or as a common board or panel; (4) the applicant is promptly informed of delusions with respect to an application and of any special problems or impediments that may affect the feasibility of Federal provision of assistance on a joint basis; and (5) the applicant is not required by representatives of any one Federal agency or program to obtain information or assurances concerning the requirements or actions of another Federal agency that could more appropriately be secured through direct communication among the Federal agencies involved.
special authoritiesbasic conditions Sec. 5. Where appropriate to further the purposes of this Act, and

42 USC 4254.

subject to the conditions prescribed in this section, heads of Federal agencies may use the authorities described in sections 6, 7, and 8 (relating to the establishment of uniform technical or administrative requirements, delegation of powers and responsibilities, and establishment of joint management funds) with respect to projects assisted under more than one Federal assistance program. These authorities shall be exercised only pursuant to regulations prescribed by the President. Those regulations shall include criteria or procedures to assure that the authorities are limited in use to problems that cannot be adequately dealt with through other actions pursuant to this Act or other applicable law, that they are applied only as necessary to promote expeditious processing of applications or effective and efficient administration of projects, and that they are applied in a manner consistent with the protection of the Federal interest and with program purposes and statutory requirements.
88 Stat. 1606
establishment of uniform technical or administrative requirements

42 USC 4255.

 Sec. 6. (a) In order to provide for projects that would otherwise be subject to varying or conflicting technical or administrative rules and procedures not required by law, the heads of Federal agencies may adopt uniform provisions with respect to— (1) inconsistent or conflicting requirements relating to financial administration of such projects, including accounting, reporting and auditing, and maintaining separate bank accounts, but only to the extent consistent with the requirements of section 8; (2) inconsistent or conflicting requirements relating to the timing of Federal payments for such projects where a single or combined schedule is to be established for the project as a whole; (3) inconsistent or conflicting requirements that assistance be extended in the form of a grant rather than a contract, or a contract rather than a grant; and (4) inconsistent or conflicting requirements relating to accountability for, or the disposition of, records, property, or structures acquired or constructed with Federal assistance where common rules are established for the project as a whole. (b) In order to permit processing of applications in accordance with the purposes of this Act, Federal agency heads may provide for review of proposals for projects by a single panel, board, or committee in lieu of review by separate panels, boards, or committees except when such review is specifically required by law. (c) In promoting the more effective and efficient use of Federal assistance resources, Federal agency heads may waive requirements that a single or specific public agency be utilized or designated to receive, supervise, or otherwise administer a part of the Federal assistance drawn upon by any jointly funded project to the extent that administration by another public agency is determined to be fully consistent with applicable State or local law and with the objectives of the Federal assistance program involved. This authority may be exercised only (1) upon request of the head of a unit of general government, with respect to agencies that he certifies to be under his jurisdiction, or (2) with the agreement of the several State or local public agencies concerned.
delegation of powers

42 USC 4256.

 Sec. 7. With the approval of the President, agency heads may delegate to other Federal agencies powers and functions relating to the supervision or administration of Federal assistance, or otherwise arrange for other agencies to perform such activities, with respect to projects or classes of projects funded under the terms of this Act. Delegations under this section shall be made only on such conditions as may lie appropriate to assure that the powers and functions delegated are exercised in full conformity with applicable statutory provisions and policies, and shall not relieve agency heads of responsibility for the proper and efficient management of projects funded by their agencies.
funding arrangements and procedures

42 USC 4257.

 Sec. 8. (a) In order to provide for the more effective administration of funds drawn from more than one Federal program or appropriation in support of projects under this Act, there may be established joint management funds with respect to such projects. There shall be trans-88 Stat. 1607ferred to the joint management fund from each affected program or appropriation, from time to time, its proportionate share of amounts needed for payment to the grantee. Any unexpended amounts shall be returned to the joint management fund by the grantee at the completion of the project. (b) Any account in a joint management fund shall be subject to such agreements, not inconsistent with this section and other applicable law, as may be entered into by the Federal agencies concerned with respect to the discharge of the responsibilities of those agencies and shall assure the availability of necessary information to those agencies and to the Congress. These agreements shall also provide that the agency administering a joint management fund shall be responsible and accountable by program and appropriation for the amounts provided for the purposes of each account established in the fund; and shall include procedures for determining, from time to time, whether amounts in the account are in excess of the amounts required, and for returning that excess to the participating Federal agencies according to the applicable appropriations, subject to fiscal year limitations. Excess amounts applicable to expired appropriations will be lapsed from that fund. (c) For each project financed through an account in a joint management

Recordkeeping.

fund established pursuant to this section, the recipients of moneys drawn from the fund shall keep such records as the head of the Federal agency responsible for administering the fund will prescribe. Such records shall, as a minimum, fully disclose the amount and disposition by such recipient of Federal assistance received under each program and appropriation, the total cost of the project in connection with which such Federal assistance was given or used, the amount of that portion of the cost of the project supplied by other sources, and such other records as will facilitate an effective audit. (d) The head of the Federal agency responsible for administering

Audit.

such joint management fund and the Comptroller General of the United States or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of such recipients that are pertinent to the moneys received from such fund. (e) In the case of any project covered in a joint management fund, a single non-Federal share may be established according to the Federal share ratios applicable to the several Federal assistance programs involved and the proportion of funds transferred to the project account from each of those programs.
auxiliary provisions Sec. 9. Appropriations available to any Federal assistance program

42 USC 4258.

for technical assistance or the training of personnel may be made available for the provision of technical assistance and training in connection with projects proposed or approved for joint funding involving that program and any other Federal assistance program.
federal-state assistance and agreements Sec. 10. Subject to such regulations as the President may prescribe,

Regulations.

42 USC 4259.

Federal agencies may enter into agreements with States as appropriate to extend the benefits of this Act to projects involving assistance from one or more Federal agencies and one or more State agencies. These agreements may include arrangements for the processing of requests for, or the administration of, assistance to such projects on a joint basis.
88 Stat. 1608
reporting

Report to Congress.

42 USC 4260.

 Sec. 11. At least one year prior to the expiration of this Act, the President shall submit a comprehensive report to the Congress on actions taken under this Act, and make recommendations for its continuation, modification, or termination. The report shall provide a detailed evaluation of the functioning of this Act, including information regarding the benefits and costs of jointly funded projects accruing to the participating State and local governments and private, nonprofit organizations, and to the Federal Government.
definitions

42 USC 4261.

 Sec. 12. As used in this Act— (1) the term “Federal assistance programs” means programs that provide assistance through grant or contractual arrangements, but does not include assistance in the form of revenue sharing, loans, loan guarantees, or insurance; (2) the term “applicant” means any State or local government or private, nonprofit organization acting separately or together in seeking assistance with respect to a single project; (3) the term “project” means any undertaking, whether of a temporary or continuing nature that includes components proposed or approved for assistance under more than one Federal program, or one or more Federal and one or more State programs, if each of those components contributes materially to the accomplishment of a single purpose or closely related purposes; (4) the term “Federal agency” means any agency, department, corporation, independent establishment, or other entity of the executive branch of the Government of the United States; (5) the term “State” means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, or any agency or instrumentality of a State, and any tribe as

25 USC 1452.

defined in section 3(c) of the Indian Financing Act (88 Stat. 77); (6) the term “local government” means a local unit of government including a city, county, parish, town, township, village, school district, council of governments, or other agency or instrumentality of a local unit of government.
effective date and expiration

42 USC 4251 note.

 Sec. 13. This Act shall become effective sixty days following the date of enactment, and shall expire five years following the date upon which it becomes effective; except that the expiration of this Act shall not affect the status of any project approved prior to the date of such expiration.
Approved December 5, 1974.
Public Law 93–511: To extend the Emergency Petroleum Allocation Act of 1973 until August 31, 1975. Public Law 511 Public Law 93–511 88 Stat. 1608 1974-12-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–511 93rd Congress
AN ACT To extend the Emergency Petroleum Allocation Act of 1973 until August 31, 1975.

December 5, 1974

[H. R. 16757]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 4(g) (1) of the Emergency Petroleum Allocation Act of 1973 is amended by striking out “February 28, 1975” wherever it appears, and inserting in lieu thereof “August 31, 1975”.
Approved December 5, 1974.
Public Law 93–512: To improve judicial machinery by amending title 28, United States Code, to broaden and clarify the grounds for judicial disqualification. Public Law 512 Public Law 93–512 88 Stat. 1609 1974-12-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1609 Public Law 93–512 93rd Congress
AN ACT To improve judicial machinery by amending title 28, United States Code, to broaden and clarify the grounds for judicial disqualification.

December 5, 1974

[S. 1064]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 455

Judicial disqualification.

of title 28, United States Code, is amended to read as follows:
“§ 455. Disqualification of justice, judge, magistrate, or referee in bankruptcy “(a) Any justice, judge, magistrate, or referee in bankruptcy of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. “(b) He shall also disqualify himself in the following circumstances: “(1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; “(2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it; “(3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy; “(4) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; “(5) He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person: “(i) Is a party to the proceeding, or an officer, director, or trustee of a party; “(ii) Is acting as a lawyer in the proceeding; “(iii) Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding; “(iv) Is to the judge’s knowledge likely to be a material witness in the proceeding. “(c) A judge should inform himself about his personal and fiduciary financial interests, and make a reasonable effort to inform himself about the personal financial interests of his spouse and minor children residing in his household. “(d) For the purposes of this section the following words or

Definitions.

phrases shall have the meaning indicated: “(1) ‘proceeding’ includes pretrial, trial, appellate review, or other stages of litigation; “(2) the degree of relationship is calculated according to the civil law system; “(3) ‘fiduciary’ includes such relationships as executor, administrator, trustee, and guardian; 88 Stat. 1610 “(4) ‘financial interest’ means ownership of a legal or equitable interest, however small, or a relationship as director, adviser, or other active participant in the affairs of a party, except that: “(i) Ownership in a mutual or common investment fund that holds securities is not a ‘financial interest’ in such securities unless the judge participates in the management of the fund; “(ii) An office in an educational, religious, charitable, fraternal, or civic organization is not a ‘financial interest’ in securities held by the organization; “(iii) The proprietary interest of a policyholder in a mutual insurance company, of a depositor in a mutual savings association, or a similar proprietary interest, is a ‘financial interest’ in the organization only if the outcome of the proceeding could substantially affect the value of the interest; “(iv) Ownership of government securities is a ‘financial interest’ in the issuer only if the outcome of the proceeding could substantially affect the value of the securities.

Waiver of disqualification.

 “(e) No justice, judge, magistrate, or referee in bankruptcy shall accept from the parties to the proceeding a waiver of any ground for disqualification enumerated in subsection (b). Where the ground for disqualification arises only under subsection (a), waiver may be accepted provided it is preceded by a full disclosure on the record of the basis for disqualification.”
Sec. 2. Item 455 in the analysis of chapter 21 of such title 28 is amended to read as follows: “Disqualification of justice, judge, magistrate, or referee in bankruptcy.”.
Sec. 3. This Act shall not apply to the trial of any proceeding commenced prior to the date of this Act, nor to appellate review of any proceeding which was fully submitted to the reviewing court prior to the date of this Act.
Approved December 5, 1974.
Public Law 93–513: Assuring compensation for damages caused by nuclear incidents involving the nuclear reactor of a United States warship. Public Law 513 Public Law 93–513 88 Stat. 1610 1974-12-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–513 93rd Congress
JOINT RESOLUTION Assuring compensation for damages caused by nuclear incidents involving the nuclear reactor of a United States warship.

December 6, 1974

[S. J. Res. 248]

 Whereas it is vital to the national security to facilitate the ready acceptability of United States nuclear powered warships into friendly foreign ports and harbors; and Whereas the advent of nuclear reactors has led to various efforts throughout the world to develop an appropriate legal regime for compensating those who sustain damages in the event there should be an incident involving the operation of nuclear reactors; and Whereas the United States has been exercising leadership in developing legislative measures designed to assure prompt and equitable compensation in the event a nuclear incident should arise out of the operation of a nuclear reactor by the United States as is evidenced in particular by section 170 of the Atomic Energy Act of 1954, as

42 USC 2210.

amended; and 88 Stat. 1611 Whereas some form of assurance as to the prompt availability of compensation for damage in the unlikely event of a nuclear incident involving the nuclear reactor of a United States warship would, in conjunction with the unparalleled safety record that has been achieved by United States nuclear powered warships in their operation throughout the world, further the effectiveness of such warships: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

That it is the policy of

Certain nuclear incidents.

Payment of claims or judgments.

42 USC 2211.

the United States that it will pay claims or judgments for bodily injury, death, or damage to or loss of real or personal property proven to have resulted from a nuclear incident involving the nuclear reactor of a United States warship: Provided, That the injury, death, damage, or loss was not caused by the act of an armed force engaged in combat or as a result of civil insurrection. The President may authorize, under such terms and conditions as he may direct, the payment of such claims or judgments from any contingency funds available to the Government or may certify such claims or judgments to the Congress for appropriation of the necessary funds.

Approved December 6, 1974.
Public Law 93–514: To provide available nuclear information to committees and Members of Congress. Public Law 514 Public Law 93–514 88 Stat. 1611 1974-12-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–514 93rd Congress
AN ACT To provide available nuclear information to committees and Members of Congress.

December 6, 1974

[S. 3802]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 202 of

Nuclear information.

Report to Congress.

42 USC 2252.

the Atomic Energy Act of 1954 is amended by designating the present text subsection “a.” and by adding the following as subsection “b.”: “b. The members of the Joint Committee who are Members of the Senate and the members of the Joint Committee who are Members of the House of Representatives shall, on or before June 30 of each year, report to their respective Houses on the development, use, and control of nuclear energy for the common defense and security and for peaceful purposes. Each report shall provide facts and information available to the Joint Committee concerning nuclear energy which will assist the appropriate committees of the Congress and individual members in the exercise of informed judgment on matters of weaponry; foreign policy; defense; international trade; and in respect to the expenditure and appropriation of Government revenues. Each report shall be presented formally under circumstances which provide for clarification and discussion by the Senate and the House of Representatives. In recognition of the need for public understanding, presentations of the reports shall be made to the maximum extent possible in open sessions and by means of unclassified written materials.”.
Approved December 6, 1974.
Public Law 93–515: To authorize the District of Columbia to enter into the Interstate Agreement on Qualification of Educational Personnel, and to amend the Practice of Psychology Act and the District of Columbia Unemployment Compensation Act. Public Law 515 Public Law 93–515 88 Stat. 1612 1974-12-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1612 Public Law 93–515 93rd Congress
AN ACT To authorize the District of Columbia to enter into the Interstate Agreement on Qualification of Educational Personnel, and to amend the Practice of Psychology Act and the District of Columbia Unemployment Compensation Act.

December 7, 1974

[H. R. 342]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

D.C. Educational personnel, interstate agreement; psychologists, licensing; unemployment compensation.

D.C. Code 31–1801.

 <num value="I">TITLE I—</num> <heading class="inline">INTERSTATE AGREEMENT ON EDUCATIONAL PERSONNEL</heading> <section><num value="101"><inline class="smallCaps">Sec.</inline> 101. </num><content>The Commissioner of the District of Columbia is authorized to enter into and execute on behalf of the District of Columbia an agreement with any State or States legally joining therein in the form substantially as follows: <quotedContent> <heading>“THE INTERSTATE AGREEMENT ON QUALIFICATION OF EDUCATIONAL PERSONNEL</heading> <article> <num value="I">“ARTICLE I—</num><heading class="inline">Purpose, Findings, and Policy</heading> <paragraph class="indent1 fontsize10"><num value="1">“1. </num><content>The States party to this Agreement, desiring by common action to improve their respective school systems by utilizing the teacher or other professional educational person wherever educated, declare that it is the policy of each of them, on the basis of cooperation with one another, to take advantage of the preparation and experience of such persons wherever gained, thereby serving the best interests of society, of education, and of the teaching profession. It is the purpose of this Agreement to provide for the development and execution of such programs of cooperation as will facilitate the movement of teachers and other professional educational personnel among the States party to it, and to authorize specific interstate educational personnel contracts to achieve that end.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="2">“2. </num><content>The party States find that included in the large movement of population among all sections of the Nation are many qualified educational personnel who move for family and other personal reasons but who are hindered in using their professional skill and experience in their new locations. Variations from State to State in requirements for qualifying educational personnel discourage such personnel from taking the steps necessary to qualify in other States. As a consequence, a significant number of professionally prepared and experienced educators is lost to our school systems. Facilitating the employment of qualified educational personnel, without reference to their States of origin, can increase the available educational resources. Participation in this Agreement can increase the availability of educational manpower.</content></paragraph> </article> <article> <num value="II">“ARTICLE II—</num><heading class="inline">Definitions</heading> <chapeau>“As used in this Agreement and contracts made pursuant to it, unless the context clearly requires otherwise:</chapeau> <paragraph class="indent1 fontsize10"><num value="1">“1. </num><content>‘Educational personnel’ means persons who must meet requirements pursuant to State law’ as a condition of employment in educational programs.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="2">“2. </num><content>‘Designated State official’ means the education official of a State selected by that State to negotiate and enter into, on behalf of his State, contracts pursuant to this Agreement.</content></paragraph> <page identifier="/us/stat/88/1613">88 <inline class="smallCaps">Stat.</inline> 1613</page> <paragraph class="indent1 fontsize10"><num value="3">“3. </num><content>‘Accept’, or any variant thereof, means to recognize and give effect to one or more determinations of another State relating to the qualifications of educational personnel in lieu of making or requiring a like determination that would otherwise be required by or pursuant to the laws of a receiving State.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="4">“4. </num><content>‘State’ means a State, territory, or possession of the United States; the District of Columbia; or the Commonwealth of Puerto Rico.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="5">“5. </num><content>‘Originating State’ means a State (and the subdivision thereof, if any) whose, determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made pursuant to Article III.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="6">“6. </num><content>‘Receiving State’ means a State (and the subdivisions thereof) which accept educational personnel in accordance with the terms of a contract made pursuant to Article III.</content></paragraph> </article> <article> <num value="III">“ARTICLE III—</num><heading>Interstate Educational Personnel Contracts</heading> <paragraph class="indent1 fontsize10"><num value="1">“1. </num><content>The designated State official of a party State may make one or more contracts on behalf of his State with one or more other party States providing for the acceptance of educational personnel. Any such contract for the period of its duration shall be applicable to and binding on the States whose designated State officials enter into it, and the subdivisions of those States, with the same force and effect as if incorporated in this Agreement. A designated State official may enter into a contract pursuant to this Article only with States in which he finds that there are programs of education, certification standards or other acceptable qualifications that assure preparation or qualification of educational personnel on basis sufficiently comparable, even though not identical to that prevailing in his own State.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="2">“2. </num><chapeau>Any such contract shall provide for:</chapeau> <level class="firstIndent1 fontsize10"><num value="a">“(a) </num><content>Its duration.</content></level> <level class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>The criteria to be applied by an originating State in qualifying educational personnel for acceptance by a receiving State.</content></level> <level class="firstIndent1 fontsize10"><num value="c">“(c) </num><content>Such waivers, substitutions, and conditional acceptances as shall aid the practical effectuation of the contract without sacrifice of basic educational standards.</content></level> <level class="firstIndent1 fontsize10"><num value="d">“(d) </num><content>Any other necessary matters.</content></level></paragraph> <paragraph class="indent1 fontsize10"><num value="3">“3. </num><content>No contract made pursuant to this Agreement shall be for a term longer than five years by any such contract may be renewed for like or lesser periods.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="4">“4. </num><content>Any contract dealing with acceptance of educational personnel on the basis of their having completed an educational program shall specify the earliest date or dates on which originating State approval of the program or programs involved can have occurred. No contract made pursuant to this Agreement shall require acceptance by a receiving State of any person qualified because of successful completion of a program prior to January 1, 1954.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="5">“5. </num><content>The certification or other acceptance of a person who has been <sidenote><p class="firstIndent1 fontsize8">Revocation or suspension.</p></sidenote>accepted pursuant to the terms of a contract shall not be revoked or otherwise impaired because the contract has expired or been terminated. However, any certificate or other qualifying document may be revoked or suspended on any ground which would be sufficient for revocation or suspension of a certificate or other qualifying document initially granted or approved in the receiving State.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="6">“6. </num><content>A contract committee composed of the designated State officials of the contracting States or their representatives shall keep the contract under continuous review, study means of improving its adminis-<page identifier="/us/stat/88/1614">88 <inline class="smallCaps">Stat.</inline> 1614</page>tration, and report no less frequently than once a year to the heads of the appropriate education agencies of the contracting States.</content></paragraph> </article> <article> <num value="IV">“ARTICLE IV—</num><heading class="inline">Approved and Accepted Programs</heading> <paragraph class="indent1 fontsize10"><num value="1">“1. </num><content>Nothing in this Agreement shall be construed to repeal or otherwise modify any law or regulation of a party State relating to the approval of programs of educational preparation having effect solely on the qualification of educational personnel within that State.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="2">“2. </num><content>To the extent that contracts made pursuant to this Agreement deal with the educational requirements for the proper qualification of educational personnel, acceptance of a program of educational preparation shall be in accordance with such procedures and requirements as may be provided in the applicable contract.</content></paragraph> </article> <article> <num value="V">“ARTICLE V—</num><heading class="inline">Intel-state Cooperation</heading> <chapeau>“The party States agree that:</chapeau> <paragraph class="indent1 fontsize10"><num value="1">“1. </num><content>They will, so far as practicable, prefer the making of multilateral contracts pursuant to Article III of this Agreement.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="2">“2. </num><content>They will facilitate and strengthen cooperation in interstate certification and other elements of educational personnel qualification and for this purpose shall cooperate with agencies, organizations, and associations interested in certification and other elements of educational personnel qualification.</content></paragraph> </article> <article> <num value="VI">“ARTICLE VI—</num><heading class="inline">Agreement Evaluation</heading> <content>“The designated State officials of any party States may meet from time to time as a group to evaluate progress under the Agreement, and to formulate recommendations for changes.</content></article> <article> <num value="VII">“ARTICLE VII—</num><heading class="inline">Other Arrangements</heading> <content>“Nothing in this Agreement shall be construed to prevent or inhibit other arrangements or practices of any party State or States to facilitate the interchange of educational personnel.</content> </article> <article> <num value="VIII">“ARTICLE VIII—</num><heading class="inline">Effect and Withdrawal</heading> <paragraph class="indent1 fontsize10"><num value="1">“1. </num><content>This Agreement shall become effective when enacted into law by two States. Thereafter it shall become effective as to any State upon its enactment of this Agreement.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="2">“2. </num><content>Any party State may withdraw from this Agreement by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the Governor of the withdrawing State has given notice in writing of the withdrawal to the Governors of all other party States.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="3">“3. </num><content>No withdrawal shall relieve the withdrawing State of any obligation imposed upon it by a contract to which it is a party. The duration of contracts and the methods and conditions of withdrawal therefrom shall be those specified in their terms.</content></paragraph> </article> <article> <num value="IX">“ARTICLE IX—</num><heading class="inline">Construction and Severability</heading> <content>“This Agreement shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Agreement shall be severable and if any phrase, clause, sentence, or provision of this Agreement is <page identifier="/us/stat/88/1615">88 <inline class="smallCaps">Stat.</inline> 1615</page>declared to be contrary to the constitution of any State or of the United States, or the application thereof to any Government, agency, person, or circumstance is held invalid, the validity of the remainder of this Agreement and the applicability thereof to any Government, agency, person, or circumstance shall not be affected thereby. If this Agreement shall be held contrary to the constitution of any State participating therein, the Agreement shall remain in full force and effect as to the State affected as to all severable matters.”</content> </article></quotedContent></content></section> <subsection class="firstIndent1 fontsize10"><num value="102"><inline class="smallCaps">Sec.</inline> 102. </num><content>The “designated State official” for the District of Columbia <sidenote><p class="firstIndent1 fontsize8">“Designated State official.”</p> <p class="firstIndent1 fontsize8"><ref href="/us/dcc/t31/s1802">D.C. Code 31–1802</ref>.</p></sidenote>shall be the Superintendent of Schools of the District of Columbia. The Superintendent shall enter into contracts pursuant to Article III of the Agreement only with the approval of the specific text thereof by the Board of Education of the District of Columbia.</content></subsection> <section class="firstIndent1 fontsize10"><num value="103"><inline class="smallCaps">Sec.</inline> 103. </num><content>True copies of all contracts made on behalf of the District <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/t31/s1803">D.C. Code 31–1803</ref>.</p></sidenote>of Columbia pursuant to the Agreement shall be kept on file in the office of the Board of Education of the District of Columbia and in the office of the Commissioner of the District of Columbia. The Superintendent <sidenote><p class="firstIndent1 fontsize8">Publication of contracts.</p></sidenote>of Schools shall publish all such contracts in convenient form.</content> </section> <section class="firstIndent1 fontsize10"><num value="104"><inline class="smallCaps">Sec.</inline> 104. </num><content>As used in the Interstate Agreement on Qualification of <sidenote><p class="firstIndent1 fontsize8">“Governor.”</p> <p class="firstIndent1 fontsize8"><ref href="/us/dcc/t31/s1804">D.C. Code 31–1804</ref>.</p></sidenote>Educational Personnel, the term “Governor” when used with reference to the District of Columbia shall mean the Commissioner of the District of Columbia.</content></section> <num value="II">TITLE II—</num><heading class="inline">PRACTICE OF PSYCHOLOGY ACT AMENDMENTS</heading> <section class="firstIndent1 fontsize10"><num value="201"><inline class="smallCaps">Sec.</inline> 201. </num><content>This title may be cited as the “<shortTitle role="title">Practice of Psychology Act Amendments</shortTitle>”.</content> <sidenote><p class="firstIndent1 fontsize8">Citation of title.</p> <p class="firstIndent1 fontsize8"><ref href="/us/dcc/t2/s481">D.C. Code 2–481 note</ref>.</p></sidenote> </section> <section class="firstIndent1 fontsize10"><num value="202"><inline class="smallCaps">Sec.</inline> 202. </num><chapeau>The Practice of Psychology Act (84 Stat. 1955) is amended as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>Subsection (C) of section 13 of such Act (D.C. Code, sec. 2–492 <sidenote><p class="firstIndent1 fontsize8">Review.</p></sidenote>(C)is amended to read as follows: <quotedContent><subparagraph class="indent2 fontsize10"><num value="C">“(C) </num><content>Any person aggrieved by a final decision or a final order of the Commissioner under subsection (B) of this section may seek review of such decision or order in the District of Columbia Court of Appeals in accordance with the District of Columbia Administrative Procedure Act.”.</content></subparagraph></quotedContent> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/t1/s1501">D.C. Code 1–1501 note</ref>.</p> <p class="firstIndent1 fontsize8">Subpena power.</p></sidenote> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>Subsection (D) of section 13 of such Act (D.C. Code, sec. 2–492(D)) is amended to read as follows: <quotedContent><subparagraph class="indent2 fontsize10"><num value="D">“(D) </num><content>In hearings conducted pursuant to subsection (B) of this section, the Commissioner may administer oaths and affirmations, and may require by subpena or otherwise the attendance and testimony of witnesses and the production of such books, records, papers, and documents as he may deem advisable in carrying out his functions under this Act. In the case of contumacy or refusal to obey any such subpena or requirement of this subsection, the Commissioner may make application to the Superior Court of the District of Columbia for an order requiring obedience thereto. Thereupon the court, with or without notice and hearing, as it in its discretion may decide, shall make such order as is proper and may punish as contempt of court any failure to comply with such order.”.</content></subparagraph></quotedContent></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content><p class="inline">Section 14 of such Act (D.C. Code. sec. 2–493) is amended by <sidenote><p class="firstIndent1 fontsize8">Prosecutions.</p></sidenote>amending the second sentence to read as follows:</p> <p class="indent0 firstIndent1 fontsize10">“Prosecutions shall be conducted in the name of the District of Columbia in the Superior Court of the District of Columbia by the Corporation Counsel or any of his assistants.”.</p></content> <page identifier="/us/stat/88/1616">88 <inline class="smallCaps">Stat.</inline> 1616</page> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>Section 15 of such Act (D.C. Code, sec. 2–494) is amended by striking out “<quotedText>United States District Court for the District of Columbia</quotedText>” and inserting in lieu thereof “<quotedText>Superior Court of the District of Columbia</quotedText>”.</content> </paragraph> <sidenote><p class="firstIndent1 fontsize8">License without examination.</p> <p class="firstIndent1 fontsize8"><ref href="/us/dcc/t2/s487">D.C. Code 2–487.</ref></p></sidenote> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content>Section 8 of the Practice of Psychology Act (84 Stat. 1955), is amended to read as follows: <quotedContent><section><num value="8"><inline class="smallCaps">“Sec.</inline> 8. </num><subsection class="inline"><num value="a">(a) </num><chapeau>Notwithstanding any other provision of this Act, a license shall be issued without examination to any applicant who is of good moral character, who, at any time during the twelve-month <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/t2/s481">D.C. Code 2–481 note</ref>.</p></sidenote>period preceding the effective date of the Practice of Psychology Act, maintained a residence or office, or participated in psychological practice acceptable to the Commissioners, in the District of Columbia, and who, within one year after the effective date of the Practice of Psychology Act, submitted an application for license accompanied by the inquired fee, and who—</chapeau> <paragraph class="indent1 fontsize10"><num value="1">“(1) </num><content>holds a doctoral degree in psychology or forty-five credit hours taken subsequent to a bachelor’s degree in courses related to psychology, from accredited colleges or universities, and has engaged in psychological practice acceptable to the Commissioner for at least two years prior to the filing of such application pursuant to this Act;</content></paragraph> <paragraph class="indent1 fontsize10"><num value="2">“(2) </num><content>holds a master’s degree in psychology or twenty-four credit hours taken subsequent to a bachelor’s degree in courses related to psychology, from accredited colleges or universities, and has engaged in psychological practice acceptable to the Commissioner for at least seven years prior to the filing of such application pursuant to this Act; or</content></paragraph> <paragraph class="indent1 fontsize10"><num value="3">“(3) </num><content>presents evidence of completion of a curriculum of study acceptable to the Commissioner, taken subsequent to a bachelor’s degree in psychology, in courses related to psychology from an institution outside the United States acceptable to the Commissioner, and has engaged in psychological practice acceptable to the Commissioner for at least seven years prior to the filing of such application pursuant to this Act.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><chapeau>For purposes of subsection (a) of this section, the term—</chapeau> <sidenote><p class="firstIndent1 fontsize8">“Courses related to psychology.”</p></sidenote> <paragraph class="indent1 fontsize10"><num value="1">“(1) </num><content>‘courses related to psychology’ means any combination of the following behavioral science courses not necessarily in one department of one school: human development, education, educational psychology, guidance, counseling, guidance and counseling, vocational counseling, school psychology’, school guidance, family counseling, counseling and psychotherapy, special education, learning disabilities, anthropology, sociology, human ecology, social ecology, rehabilitation counseling, group counseling and psychotherapy, or any substantially similar field of study acceptable to the Commissioner; and</content></paragraph> <sidenote><p class="firstIndent1 fontsize8">“Psychological practice acceptable to the Commissioner.”</p></sidenote> <paragraph class="indent1 fontsize10"><num value="2">“(2) </num><content>‘psychological practice acceptable to the Commissioner’ includes any job in which the job title or description contains any term acceptable to the Commissioner, or any of the following terms: psychologists, psychotherapy, group therapy, family therapy, art therapy, activity therapy, psychometry, measurement and evaluation, psychodiagnosis, pupil personnel services, counseling and guidance, special education, rehabilitation, or any job in which the person or organization was recognized or reimbursed under public or private health insurance programs by reason of being engaged in psychological practice.”.</content></paragraph></subsection></section></quotedContent></content> </paragraph> </section> <sidenote><p class="firstIndent1 fontsize8">Effective date.</p> <p class="firstIndent1 fontsize8"><ref href="/us/dcc/t2/s492">D.C. Code 2–492 note</ref>.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec.</inline> 203. </num><content>The amendments made by paragraphs (1) through (4) of section 202 of this title shall take effect with respect to petitions filed after the date of the enactment of this title for review of decisions or orders.</content></section> 88 Stat. 1617 <num value="III">TITLE III—</num><heading class="inline">DISTRICT OF COLUMBIA UNEMPLOYMENT COMPENSATION ACT AMENDMENTS</heading> <section class="firstIndent1 fontsize10"><num value="301"><inline class="smallCaps">Sec.</inline> 301. </num><chapeau>The District of Columbia Unemployment Compensation Act is amended as follows:</chapeau> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/t46/s325">D.C. Code 46–325</ref>.</p> <p class="firstIndent1 fontsize8">Employer contribution, determination review.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num><content>Section 3(c) (10) of such Act (D.C. Code, sec. 46–303(c) (10)) is amended by striking out the last three sentences and inserting in lieu thereof the following new sentence: “<quotedText>The employer shall be promptly notified in writing of the Board’s denial of his application or of the Board’s redetermination. An employer aggrieved by the Board’s decision may seek review of such determination in the District of Columbia Court of Appeals in accordance with the District of Columbia Administrative Procedure Act.</quotedText>”.</content> </paragraph> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/t1/s1501">D.C. Code 1–1501 note</ref>.</p> <p class="firstIndent1 fontsize8">Judicial review.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>Section 12 of such Act (D.C. Code, sec. 46–312) is amended to read as follows: <quotedContent><section><num value="12"><inline class="smallCaps">“Sec.</inline> 12. </num><content>Any person aggrieved by the decision of the Board may seek review of such decision in the District of Columbia Court of Appeals in accordance with the District of Columbia Administrative Procedure Act.”.</content></section></quotedContent></content></paragraph></section> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec.</inline> 302. </num><content>The amendments made by section 302 of this title shall <sidenote><p class="firstIndent1 fontsize8">Effective date.</p> <p class="firstIndent1 fontsize8"><ref href="/us/dcc/t46/s303">D.C. Code 46–303 note</ref>.</p></sidenote>take effect with respect to petitions filed after the date of enactment of this title for review of decisions or orders.</content> </section> Approved December 7, 1974.
Public Law 93–516: To extend the authorizations of appropriations in the Rehabilitation Act of 1973 for one year, to transfer the Rehabilitation Services Administration to the Office of the Secretary of Health, Education, and Welfare, to make certain technical and clarifying amendments, and for other purposes; to amend the Randolph-Sheppard Act for the blind; to strengthen the program authorized thereunder; and to provide for the convening of a White House Conference on Handicapped Individuals. Public Law 516 Public Law 93–516 88 Stat. 1617 1974-12-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–516 93rd Congress
AN ACT To extend the authorizations of appropriations in the Rehabilitation Act of 1973 for one year, to transfer the Rehabilitation Services Administration to the Office of the Secretary of Health, Education, and Welfare, to make certain technical and clarifying amendments, and for other purposes; to amend the Randolph-Sheppard Act for the blind; to strengthen the program authorized thereunder; and to provide for the convening of a White House Conference on Handicapped Individuals.

December 7, 1974

[H. R. 17503]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Vocational rehabilitation services.

Rehabilitation Act Amendments of 1974.

29 USC 701 note

 <num value="I">TITLE I—</num> <heading class="inline">AMENDMENTS TO THE REHABILITATION ACT OF 1973</heading> <section><heading class="smallCaps centered">short title</heading> <num value="100"><inline class="smallCaps">Sec.</inline> 100. </num><content>This title shall be known as the “<shortTitle role="title">Rehabilitation Act Amendments of 1974</shortTitle>”.</content></section> <section><heading class="smallCaps centered">rehabilitation services administration</heading> <num value="101"><inline class="smallCaps">Sec.</inline> 101. </num><subsection class="inline"><num value="a">(a) </num><content>Section 3(a) of the Rehabilitation Act of 1973 is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s702">29 USC 702</ref>.</p></sidenote>amended to read as follows: <quotedContent><subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><content>There is established in the Office of the Secretary a Rehabilitation Services Administration which shall be headed by a Commissioner (hereinafter in this Act referred to as the ‘Commissioner’) <page identifier="/us/stat/88/1618">88 <inline class="smallCaps">Stat.</inline> 1618</page>appointed by the President by and with the advice and consent of the Senate. Except for titles IV and V and as otherwise specifically provided in this Act, such Administration shall be the principal agency, and the Commissioner shall be the principal officer, of such Department for carrying out this Act. In the performance of his functions, the Commissioner shall be directly responsible to the Secretary or to the Under Secretary or an appropriate Assistant Secretary of such Department, as designated by the Secretary. The functions of the Commissioner shall not be delegated to any officer not directly responsible, both with respect to program operation and administration, to the Commissioner.”.</content></subsection></quotedContent></content></subsection> <sidenote><p class="firstIndent1 fontsize8">Effective date.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s702">29 USC 702 note</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>The amendment made by subsection (a) of this section shall be effective sixty days after the date of enactment of this Act. extension of authorization of appropriations for </content></subsection></section> <section><heading class="smallCaps centered">vocational rehabilitation services</heading> <sidenote><p class="firstIndent1 fontsize8">Federal grants to States.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s720">29 USC 720</ref>.</p></sidenote> <num value="102"><inline class="smallCaps">Sec.</inline> 102. </num><subsection class="inline"><num value="a">(a) </num><chapeau>Section 100(b) of such Act is amended by—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>striking out “<quotedText>and</quotedText>” after “<quotedText>1974,</quotedText>” in paragraph (1) and inserting before the period at the end of such paragraph a comma and “<quotedText>and $720,000,000 for the fiscal year ending June 30, 1976</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>striking out “<quotedText>and</quotedText>” after “<quotedText>1974,</quotedText>” in the first sentence of paragraph (2) and inserting after “<quotedText>1975,</quotedText>” in such sentence “<quotedText>and $42,000,000 for the fiscal year ending June 30, 1976;</quotedText>”.</content></paragraph></subsection> <sidenote><p class="firstIndent1 fontsize8">Pilot projects.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s732">29 USC 732</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>Section 112(a) of such Act is amended by striking out “<quotedText>and</quotedText>” after “<quotedText>1974,</quotedText>” and by inserting “<quotedText>and up to $2,500,000 but no less than $1,000,000 for the fiscal year ending June 30, 1976,</quotedText>” after “<quotedText>1975,</quotedText>”.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Payments to States.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s741">29 USC 741</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num><content>Section 121(b) of such Act is amended by striking out “<quotedText>1976</quotedText>” and inserting in lieu thereof “<quotedText>1977</quotedText>”.</content></subsection></section> <section><heading class="smallCaps centered">extension of authorization of appropriations for research and training</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s761">29 USC 761</ref>.</p></sidenote> <num value="103"><inline class="smallCaps">Sec.</inline> 103. </num> <chapeau>Section 201(a) of such Act is amended by—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>striking out “<quotedText>and</quotedText>” after “<quotedText>1974,</quotedText>” in the first sentence of paragraph (1) and inserting after “<quotedText>1975</quotedText>” in such sentence a comma and “<quotedText>and $32,000,000 for the fiscal year ending June 30, 1976</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>striking out the comma after “<quotedText>20 per centum</quotedText>” in the second sentence of paragraph (1) and inserting after “<quotedText>respectively,</quotedText>” in such sentence “<quotedText>and 25 per centum of the amounts appropriated in each succeeding fiscal year</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>striking out “<quotedText>there is authorized to be appropriated</quotedText>” in paragraph (2) and inserting after “<quotedText>1975</quotedText>” in such paragraph a comma and “<quotedText>and $32,000,000 for the fiscal year ending June 30, 1976</quotedText>”.</content></paragraph></section> <section><heading class="smallCaps centered">extension of authorization of appropriations for grants for construction of rehabilitation facilities</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s771">29 USC 771</ref>.</p></sidenote> <num value="104"><inline class="smallCaps">Sec.</inline> 104. </num><chapeau>Section 301 (a) of such Act is amended by—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>striking out “<quotedText>and</quotedText>” after “<quotedText>1974,</quotedText>” in the first sentence and inserting before the period at the end of such sentence a comma and “<quotedText>and June 30, 1976</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>striking out “<quotedText>1977</quotedText>” in the last sentence and inserting in lieu thereof “<quotedText>1978</quotedText>”.</content></paragraph> </section> <page identifier="/us/stat/88/1619">88 <inline class="smallCaps">Stat.</inline> 1619</page> <section><heading class="smallCaps centered">extension of authorization of appropriations for vocational training services for handicapped individuals</heading> <num value="105"><inline class="smallCaps">Sec.</inline> 105. </num><content>Section 302(a) of such Act is amended by striking out <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s772">29 USC 772</ref>.</p></sidenote>“<quotedText>and</quotedText>” after “<quotedText>1974,</quotedText>” and by inserting after “<quotedText>1975</quotedText>” a comma and “<quotedText>and June 30, 1976</quotedText>”.</content></section> <section><heading class="smallCaps centered">extension of authorization of appropriations for special projects and demonstrations</heading> <num value="106"><inline class="smallCaps">Sec.</inline> 106. </num><content>Section 304(a)(1) of such Act is amended by striking <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s774">29 USC 774</ref>.</p></sidenote>out “<quotedText>and</quotedText>” after “<quotedText>1974,</quotedText>” and by inserting after “<quotedText>1975</quotedText>” a comma and “<quotedText>and $20,000,000 for the fiscal year ending June 30, 1976</quotedText>”.</content></section> <section><heading class="smallCaps centered">extension of authorization of appropriations for national center for deaf-blind youths and adults</heading> <num value="107"><inline class="smallCaps">Sec.</inline> 107. </num><content>Section 305(a) of such Act is amended by striking out <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s775">29 USC 775</ref>.</p></sidenote>“<quotedText>and</quotedText>” after “<quotedText>1974,</quotedText>” and by inserting after “<quotedText>1975</quotedText>” a comma and “<quotedText>and June 30, 1976</quotedText>”.</content></section> <section><heading class="smallCaps centered">extension of authorization of appropriations for program and project evaluation</heading> <num value="108"><inline class="smallCaps">Sec.</inline> 108. </num><content>Section 403 of such Act is amended by striking out “<quotedText>and</quotedText>” <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s783">29 USC 783</ref>.</p></sidenote>after “<quotedText>1974,</quotedText>” and by inserting after “<quotedText>1975,</quotedText>” the following: “<quotedText>and June 30, 1976</quotedText>”.</content></section> <section><heading class="smallCaps centered">extension of authorization of appropriations for secretarial responsibilities</heading> <num value="109"><inline class="smallCaps">Sec.</inline> 109. </num><content>Section 405(d) of such Act is amended by inserting before <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s785">29 USC 785</ref>.</p></sidenote>the period a comma and “<quotedText>and $600,000 for the fiscal year ending June 30, 1976</quotedText>”.</content></section> <section><heading class="smallCaps centered">extension of authorization of appropriations for architectural and transportation barriers compliance board</heading> <num value="110"><inline class="smallCaps">Sec.</inline> 110. </num><content>Section 502(h) of such Act is amended by inserting before <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s792">29 USC 792</ref>.</p></sidenote>the period at the end thereof a comma and “<quotedText>and $1,500,000 for the fiscal year ending June 30, 1976</quotedText>”.</content></section> <section><heading class="smallCaps centered">miscellaneous amendments</heading> <num value="111"><inline class="smallCaps">Sec.</inline> 111. </num><subsection class="inline"><num value="a">(a) </num><content>Section 7(6) of such Act is amended by adding at the <sidenote><p class="firstIndent1 fontsize8">Handicapped individual.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s706">29 USC 706</ref>.</p> <ref href="/us/usc/t29/s780/790">29 USC 780, 790</ref>.<p class="firstIndent1 fontsize8">Handicapped individual.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s706">29 USC 706</ref>.</p> <ref href="/us/usc/t29/s780/790">29 USC 780, 790</ref>.</sidenote>end thereof the following new sentence: “<quotedText>For the purposes of titles IV and V of this Act, such term means any person who (A) has a physical or mental impairment which substantially limits one or more of such person’s major life activities, (B) has a record of such an impairment, or (C) is regarded as having such an impairment.</quotedText>”.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>Section 101(a) (6) of such Act is amended by adding at the end <sidenote><p class="firstIndent1 fontsize8">State employment requirement.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s721">29 USC 721</ref>.</p></sidenote>thereof before the semicolon “<quotedText>(including a requirement that the State agency and facilities in receipt of assistance under this title shall take affirmative action to employ and advance in employment qualified <page identifier="/us/stat/88/1620">88 <inline class="smallCaps">Stat.</inline> 1620</page>handicapped individuals covered under, and on the same terms and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s793">29 USC 793</ref>.</p></sidenote>conditions as set forth in, section 503)</quotedText>”.</content> </subsection> <sidenote><p class="firstIndent1 fontsize8">Ineligibility determinations, review.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s721">29 USC 721</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>Section 101(a)(9)(C) of such Act is amended by adding at the end thereof before the semicolon “<quotedText>in such detail as required by the Secretary in order for him to analyze and evaluate annually the reasons for and numbers of such ineligibility determinations as part <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s781">29 USC 781</ref>.</p></sidenote>of his responsibilities under section 401, and that the State agency will at least annually categorize and analyze such reasons and numbers and report this information to the Secretary and will, not later than 12 months after each such determination, review each such ineligibility determination in accordance with the criteria set forth <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s722">29 USC 722</ref>.</p></sidenote>in section 102</quotedText>”.</content> </subsection> <sidenote><p class="firstIndent1 fontsize8">Continuing studies.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <content>Section 101(a) (15) of such Act is amended by inserting after “<quotedText>facilities</quotedText>” at the end of the parenthetical “<quotedText>and review of the efficacy of the criteria employed with respect to ineligibility determinations described in subclause (C) of clause (9) of this subsection</quotedText>”.</content> </subsection> <sidenote><p class="firstIndent1 fontsize8">Individualized written rehabilitation program.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s722">29 USC 722</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="e">(e) </num> <chapeau>Section 102 of such Act is amended by—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>inserting in subsection (a) after “<quotedText>program</quotedText>” where it first appears in the first sentence a comma and “<quotedText>or the specification of reasons for a determination of ineligibility prior to initiation of such program based on preliminary diagnosis,</quotedText>”, and inserting at the end of the second sentence of such subsection before the period a comma and “<quotedText>and, as appropriate, such specification of reasons for such an ineligibility determination shall set forth the rights and remedies, including recourse to the process set forth in subsection (b) (5) of this section, available to the individual in question</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>striking out in subsection (c) all of clause (1) from “<quotedText>in</quotedText>” the first time it appears through “<quotedText>primary</quotedText>” and inserting in lieu thereof “<quotedText>in making any determination of ineligibility referred to in subsection (a) of this section, or in developing and carrying out the individualized written rehabilitation program required by section 101 in the case of each handicapped individual,</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>striking out in clause (2) of subsection (c) “<quotedText>program, that the evaluation of rehabilitation potential</quotedText>” and inserting in lieu thereof “<quotedText>program, or as a part or the specification of reasons for an ineligibility determination, as appropriate, that the preliminary diagnosis or evaluation of rehabilitation potential, as appropriate,</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>inserting in clause (3) of subsection (c) a comma and “<quotedText>as an amendment to such written program,</quotedText>” after “<quotedText>decision</quotedText>”.</content> </paragraph> </subsection> <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1618.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="f">(f) </num> <chapeau>Section 112(a) is amended by—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>striking out “<quotedText>an amount equal to the amount obligated for expenditure for carrying out such projects and demonstrations for appropriations under the Vocational Rehabilitation Act in the fiscal year ending June 30, 1973,</quotedText>” and inserting in lieu thereof “<quotedText>$11,860,000</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>adding at the end thereof a new sentence as follows: “<quotedText>In <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1619.</p></sidenote>the event that funds so appropriated under section 304 do not exceed $11,860,000 in any fiscal year, the Secretary is authorized <page identifier="/us/stat/88/1621">88 <inline class="smallCaps">Stat.</inline> 1621</page>to utilize such funds to carry out this section</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="g">(g) </num> <content>Section 130(b) of such Act is amended by striking out “<quotedText>February 1, 1975</quotedText>” <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s750">29 USC 750</ref>.</p></sidenote>and inserting in lieu thereof “<quotedText>June 30, 1975</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="h">(h) </num> <content>Section 202(a) of such Act is amended by striking out “<quotedText>and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s762">29 USC 762</ref>.</p></sidenote>analyses</quotedText>” in the penultimate clause and inserting in lieu thereof a comma and “<quotedText>analyses, and demonstrations</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="i">(i) </num> <chapeau>Section 304(b) of such Act is amended by—</chapeau> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s774">29 USC 774</ref>.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>striking out “<quotedText>and</quotedText>” before “<quotedText>(2)</quotedText>” in the first sentence, and inserting at the end of such sentence before the period a comma and “<quotedText>and (3) for operating programs (including renovation and construction of facilities, where appropriate) to demonstrate methods of making recreational activities fully accessible to handicapped individuals</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>striking out “<quotedText>for</quotedText>” the third time it appears in the parenthetical in clause (2) in the first sentence and inserting in lieu thereof “<quotedText>or</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="j">(j) </num> <content>Section 304(c) of such Act is amended by inserting after “<quotedText>Labor,</quotedText>” in the first sentence “<quotedText>who</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="k">(k) </num> <content>Section 304(e)(1) of such Act is amended by inserting after “<quotedText>(B)</quotedText>” the following: “<quotedText>with the concurrence of the Board established by section 502,</quotedText>”.</content> <sidenote><p class="firstIndent1 fontsize8"><i>Infra.</i></p> <p class="firstIndent1 fontsize8">29 USC 776.</p></sidenote> </subsection> <subsection class="firstIndent1 fontsize10"><num value="l">(l) </num><paragraph class="inline"><num value="1">(1) </num><content>Section 306(b) of such Act is amended by inserting after “<quotedText>project</quotedText>” a comma and “<quotedText>or for a project which involves construction,</quotedText>”.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>Section 306(b) (4) of such Act is amended by inserting after “<quotedText>specifications</quotedText>” the following: “<quotedText>which have been approved by the Board established by section 502,</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="m">(m) </num> <chapeau>Section 405(c) of such Act is amended by—</chapeau> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s785">29 USC 785</ref>.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>striking out “<quotedText>the Handicapped</quotedText>” and inserting in lieu thereof “<quotedText>Handicapped Individuals</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by adding at the end thereof the following new sentence: “<quotedText>In no event shall any functions under this section be further delegated to any persons with operational responsibilities for carrying out functions authorized under any other section of this Act or under any other provision of law designed to benefit handicapped individuals.</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="n">(n) </num><paragraph class="inline"><num value="1">(1) </num><content>Section 502(a) of such Act is amended by redesignating <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s792">29 USC 792</ref>.</p></sidenote>clauses (6), (7), and (8) thereof as clauses (7), (8), and (9), respectively. and by inserting immediately after clause (5) the following new clause: <quotedContent><paragraph class="indent1 fontsize10"><num value="6">“(6) </num><content>Department of Defense;”.</content></paragraph></quotedContent></content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>Section 502(a) of such Act is further amended by adding at <sidenote><p class="firstIndent1 fontsize8">Architectural and Transportation Barriers Compliance Board, Chairman.</p> <p class="firstIndent1 fontsize8">Consumer Advisory Panel, appointment.</p></sidenote>the end thereof the following new sentence: “<quotedContent>The Secretary of Health, Education, and Welfare shall be the Chairman of the Board, and the Board shall appoint, upon recommendation of the Secretary, a Consumer Advisory Panel, a majority of the members of which shall be handicapped individuals, to provide guidance, advice, and recommendations to the Board in carrying out its functions.</quotedContent>”.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="o">(o) </num><paragraph class="inline"><num value="1">(1) </num><content>Section 502(d) of such Act is amended by striking out “<quotedText>section, the Board</quotedText>” in the first sentence and inserting in lieu thereof “<quotedText>Act, the Board shall, directly or through grants to or contracts with public or private nonprofit organizations, carry out its functions under subsections (b) and (c) of this section, and</quotedText>”.</content></paragraph> <page identifier="/us/stat/88/1622">88 <inline class="smallCaps">Stat.</inline> 1622</page> <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1621.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>Section 502(d) of such Act is further amended by adding at the end thereof the following new sentences: “<quotedText>Any such order averting any Federal department, agency, or instrumentality of the United States shall be final and binding on such department, agency, or <sidenote><p class="firstIndent1 fontsize8">Withholding or suspension of Federal funds.</p></sidenote>instrumentality. An order of compliance may include the withholding or suspension of Federal funds with respect to any building found not to be in compliance with standards prescribed pursuant to the Acts cited in subsection (b) of this section.</quotedText>”.</content></paragraph> </subsection> <sidenote><p class="firstIndent1 fontsize8">Additional Board appointees.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s792">29 USC 792</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="p">(p) </num> <content>Section 502(e) of such Act is amended by adding before the first sentence the following new first sentence: “<quotedText>There shall be appointed by the Board an executive director and such other professional and clerical personnel as are necessary to carry out its functions under this Act.</quotedText>”.</content> </subsection> <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="q">(q) </num> <content>Section 502(g) of such Act is amended by striking out in the penultimate sentence “<quotedText>prior to January 1</quotedText>” and inserting in lieu thereof “<quotedText>not later than September 30</quotedText>”.</content> </subsection></section> <num value="II">TITLE II—</num><heading class="inline">RANDOLPH-SHEPPARD ACT AMENDMENTS</heading> <sidenote><p class="firstIndent1 fontsize8">Randolph-Sheppard Act Amendments of 1974.</p></sidenote> <section><heading class="smallCaps centered">short title</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s107">20 USC 107 note</ref>.</p></sidenote> <num value="200"><inline class="smallCaps">Sec.</inline> 200. </num><content>This title may be cited as the “<shortTitle role="title">Randolph-Sheppard Act Amendments of 1974</shortTitle>”.</content></section> <section> <heading class="smallCaps centered">findings</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s107">20 USC 107 note</ref>.</p></sidenote> <num value="201"><inline class="smallCaps">Sec.</inline> 201. </num> <chapeau>The Congress finds—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>after review of the operation of the blind vending stand program authorized under the Randolph-Sheppard Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s107">20 USC 107</ref>.</p></sidenote>June 20, 1936, that the program has not developed, and has not been sustained, in the manner and spirit in which the Congress intended at the time of its enactment, and that, in fact, the growth of the program has been inhibited by a number of external forces;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>that the potential exists for doubling the number of blind operators on Federal and other property under the Randolph-Sheppard program within the next five years, provided the obstacles to growth are removed, that legislative and administrative means exist to remove such obstacles, and that Congress should adopt legislation to that end; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <chapeau>that at a minimum the following actions must be taken to insure the continued vitality and expansion of the Randolph-Sheppard program—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content>establish uniformity of treatment of blind vendors by all Federal departments, agencies, and instrumentalities,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content>establish guidelines for the operation of the program by State licensing agencies,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content>require coordination among the several entities with responsibility for the program,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content>establish a priority for vending facilities operated by blind vendors on Federal property,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">(E) </num> <content>establish administrative and judicial procedures under which fair treatment of blind vendors, State licensing agencies, and the Federal Government is assured,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">(F) </num> <content>require stronger administration and oversight functions in the Federal office carrying out the program, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="G">(G) </num> <content>accomplish other legislative and administrative objectives which will permit the Randolph-Sheppard program to flourish.</content> </subparagraph> </paragraph> </section> <page identifier="/us/stat/88/1623">88 <inline class="smallCaps">Stat.</inline> 1623</page> <section><heading class="smallCaps centered">operation of vending facilities on federal property</heading> <num value="202"><inline class="smallCaps">Sec.</inline> 202. </num><content>The first section of the Act entitled “<shortTitle role="act">An Act to authorize the operation of stands in Federal buildings by blind persons, to enlarge the economic opportunities of the blind, and for other purposes</shortTitle>” (hereafter referred to in this title as the “Randolph-Sheppard Act”), approved June 20, 1936. as amended (20 U.S.C. 107), is amended by striking out all after the enacting clause and inserting in lieu thereof the following: <quotedContent><chapeau>“That </chapeau><subsection class="inline"><num value="a">(a) </num><content>for the purposes of providing blind persons with remunerative employment, enlarging the economic opportunities of the blind, and stimulating the blind to greater efforts in striving to make themselves self-supporting, blind persons licensed under the provisions of this Act shall be authorized to operate vending facilities on any Federal property.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><chapeau>In authorizing the operation of vending facilities on Federal property, priority shall be given to blind persons licensed by a State agency as provided in this Act; and the Secretary, through the Commissioner, <sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote>shall, after consultation with the Administrator of General Services and other heads of departments, agencies, or instrumentalities of the United States in control of the maintenance, operation, and protection of Federal property, prescribe regulations designed to assure that—</chapeau> <paragraph class="indent1 fontsize10"><num value="1">“(1) </num><content>the priority under this subsection is given to such licensed blind persons (including assignment of vending machine income pursuant to section 7 of this Act to achieve and protect such priority), and</content></paragraph> <sidenote><p class="firstIndent1 fontsize8"><i>Post,</i> p. 1626, 1627.</p></sidenote> <paragraph class="indent1 fontsize10"><num value="2">“(2) </num><content>wherever feasible, one or more vending facilities are established on all Federal property to the extent that any such facility or facilities would not adversely affect the interests of the United States.</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">Any limitation on the placement or operation of a vending facility based on a finding that such placement or operation would adversely affect the interests of the United States shall be fully justified in writing to the Secretary, who shall determine whether such limitation is justified. A determination made by the Secretary pursuant to this provision shall be binding on any department, agency, or instrumentality of the United States affected by such determination. The Secretary <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>shall publish such determination, along with supporting documentation, in the Federal Register.”.</continuation></subsection></quotedContent></content></section> <section><heading class="smallCaps centered">federal and state responsibilities</heading> <num value="203"><inline class="smallCaps">Sec.</inline> 203. </num><subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1) </num><content>Section 2(a) of the Randolph-Sheppard Act is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s107a">20 USC 107a</ref>.</p></sidenote>amended by redesignating paragraphs (1) through (5) as paragraphs (2) through (6), respectively, and by inserting the following new paragraph (1): <quotedContent><paragraph class="indent1 fontsize10"><num value="1">“(1) </num><content>Insure that the Rehabilitation Services Administration is the principal agency for carrying out this Act; and the Commissioner shall, within one hundred and eighty days after enactment of the Randolph-Sheppard Act Amendments of 1974, establish requirements for the uniform application of this Act by each State agency designated under paragraph (5) of this subsection, including appropriate accounting procedures, policies on the selection and establishment of new vending facilities, distribution of income to blind vendors, and the use and control of set-aside funds under section 3(3) of this Act;”</content></paragraph></quotedContent></content></paragraph> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s107b">20 USC 107b</ref>.</p> <p class="firstIndent1 fontsize8"><i>Supra.</i></p></sidenote> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>Section 2(a)(2) of such Act, as redesignated by paragraph (1) of this subsection, is amended to read as follows: <page identifier="/us/stat/88/1624">88 <inline class="smallCaps">Stat.</inline> 1624</page> <sidenote><p class="firstIndent1 fontsize8">Concession wending opportunities, annual surveys.</p></sidenote> <quotedContent><paragraph class="indent1 fontsize10"><num value="2">“(2) </num><content>Through the Commissioner, make annual surveys of concession vending opportunities for blind persons on Federal and other property in the United States, particularly with respect to Federal property under the control of the General Services Administration, the Department of Defense, and the United States Postal Service;”.</content></paragraph></quotedContent></content> </paragraph> <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1623.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <chapeau>Section 2(a) (5) of such Act, as redesignated by paragraph (1) of this subsection, is amended—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content>by striking out “<quotedText>commission</quotedText>” each place it appeals and inserting in lieu thereof “<quotedText>agency</quotedText>”,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content>by striking out “<quotedText>and at least twenty-one years of age</quotedText>”,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content>by striking out “<quotedText>articles dispensed automatically or in containers or wrapping in which they are placed before receipt by the vending stand, and such other articles as may be approved for each property by the department or agency in control of the maintenance, operation, and protection thereof and the State licensing agency in accordance with the regulations prescribed pursuant to the first section</quotedText>” and inserting in lieu thereof the following: “<quotedText>foods, beverages, and other articles or services dispensed automatically or manually and prepared on or off the premises in accordance with all applicable health laws, as determined by the State licensing agency, and including the vending or exchange of chances for any lottery authorized by State law and conducted by an agency of a State</quotedText>”,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content>by striking out “<quotedText>stands</quotedText>” and “<quotedText>stand</quotedText>” and inserting in lieu thereof “<quotedText>facilities</quotedText>” and “<quotedText>facility</quotedText>”, respectively, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">(E) </num> <content>by striking out the colon and all matter following the colon, and inserting in lieu thereof “<quotedText>; and</quotedText>”.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"><num value="4">(4) </num><content>Section 2(a)(6) of such Act, as redesignated by paragraph (1) of this subsection, is amended to read as follows: <sidenote><p class="firstIndent1 fontsize8">Evaluations, annual reports to congressional committees.</p> <p class="firstIndent1 fontsize8"><i>Post,</i> p. 1628.</p></sidenote> <quotedContent><paragraph class="indent1 fontsize10"><num value="6">“(6) </num><content>Through the Commission, (A) conduct periodic evaluations of the program authorized by this Act, including upward mobility and other training required by section 8, and annually submit to the appropriate committees of Congress a report based on such evaluations, and <sidenote><p class="firstIndent1 fontsize8">Rules and regulations.</p></sidenote>(B) take such other steps, including the issuance of such rules and regulations, as may be necessary or desirable in carrying out the provisions of this Act.”</content></paragraph></quotedContent></content></paragraph></subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s107a">20 USC 107a</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <chapeau>Section 2(b) of such Act is amended—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>stand</quotedText>” the first time it appears in the first sentence and where it appears in the second sentence and inserting in lieu thereof “<quotedText>facility</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by striking out “<quotedText>and have resided for at least one year in the State in which such stand is located</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>by striking out “<quotedText>but are able, in spite of such infirmity, to operate such stands</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>Section 2(c) of such Act is amended by striking out “<quotedText>stand</quotedText>” in each place in which it appears and inserting in lieu thereof “<quotedText>facility</quotedText>”.</content> </subsection> <sidenote><p class="firstIndent1 fontsize8">Federally occupied buildings, sites for vending facilities.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <content>Section 2 of such Act is further amended by adding at the end thereof the following new subsections: <quotedContent><subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><paragraph class="inline"><num value="1">(1) </num><content>After January 1, 1975, no department, agency, or instrumentality of the United States shall undertake to acquire by ownership, rent, lease, or to otherwise occupy, in whole or in part, any building unless, after consultation with the head of such department, agency, or instrumentality and the State licensing agency, it is determined by the Secretary that (A) such building includes a satisfactory site or sites for the location and operation of a vending facility by a blind person, or (B) if a building is to be constructed, substantially altered, or renovated, or in the case of a building that is already occupied on such date by such department, agency, or instrumentality, <page identifier="/us/stat/88/1625">88 <inline class="smallCaps">Stat.</inline> 1625</page>is to be substantially altered or renovated for use by such department, agency, or instrumentality, the design for such construction, substantial alteration, or renovation includes a satisfactory site or sites for the location and operation of a vending facility by a blind person. Each <sidenote><p class="firstIndent1 fontsize8">Notice to State licensing agency.</p></sidenote>such department, agency, or instrumentality shall provide notice to the appropriate State licensing agency of its plans for occupation, acquisition, renovation, or relocation of a building adequate to permit State agency to determine whether such building includes a satisfactory site or sites for a vending facility.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="2">“(2) </num><content>The provisions of paragraph (1) shall not apply (A) when the Secretary and the State licensing agency determine that the number of people using the property is or will lie insufficient to support a vending facility, or (B) to any privately owned building, any part of which is leased by any department, agency, or instrumentality of the United States and in which, (i) prior to the execution of such lease, the lessor or any of his tenants had in operation a restaurant or other food facility in a part of the building not included in such lease, and (ii) the operation of such a vending facility by a blind person would be in proximate and substantial direct competition with such restaurant or other food facility except that each such department, agency, and instrumentality shall make every effort to lease property in privately owned buildings capable of accommodating a vending facility.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="3">“(3) </num><content>For the purposes of this subsection, the term ‘satisfactory site’ <sidenote><p class="firstIndent1 fontsize8">“Satisfactory site.”</p></sidenote>means an area determined by the Secretary to have sufficient space, electrical and plumbing outlets, and such other facilities as the Secretary may by regulation prescribe, for the location and operation of a vending facility by a blind person.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num><content>In any State having an approved plan for vocational rehabilitation pursuant to the Vocational Rehabilitation Act or the Rehabilitation Act of 1973 (Public Law 93–112), the State licensing <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s31/701">29 USC 31 note, 701 note</ref>.</p></sidenote>agency designated under paragraph (5) of subsection (a) of this section shall be the State agency designated under section 101(a)(1)(A) of such Rehabilitation Act of 1973.”.</content></subsection></quotedContent></content></subsection></section> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s721">29 USC 721</ref>.</p></sidenote> <section><heading class="smallCaps centered">duties of state licensing agencies and arbitration</heading> <num value="204"><inline class="smallCaps">Sec.</inline> 204. </num><subsection class="inline"><num value="a">(a) </num><chapeau>Section 3 of the Randolph-Sheppard Act is amended—</chapeau> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s107b">20 USC 107b</ref>.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>commission</quotedText>” and inserting in lieu thereof “<quotedText>agency</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by striking out in paragraphs (2) and (3) “<quotedText>stand</quotedText>” and “<quotedText>stands</quotedText>” wherever such terms appear and inserting in lieu thereof “<quotedText>facility</quotedText>” and “<quotedText>facilities</quotedText>”, respectively; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>by striking out in paragraph (6) the word “<quotedText>stand</quotedText>” and inserting in lieu thereof “<quotedText>facility</quotedText>”, and, by inserting immediately before the period the following: “<quotedText>, and to agree to submit the grievances of any blind licensee not otherwise resolved by such hearing to arbitration as provided in section 5 of this Act</quotedText>”.</content></paragraph> </subsection> <sidenote><p class="firstIndent1 fontsize8"><i>Post,</i> p. 1626.</p> <p class="firstIndent1 fontsize8">Set-aside funds.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>Section 3(3) of such Act is further amended by striking out “<quotedText>and</quotedText>” immediately before subparagraph (D) and by inserting immediately before the colon at the end of such subparagraph the following “<quotedText>; and (E) retirement or pension funds, health insurance contributions, and provision for paid sick leave and vacation time, if it is determined by a majority vote of blind licensees licensed by such State agency, after such agency provides to each such licensee full information on all matters relevant to such proposed program, that funds under this paragraph shall be set aside for such purposes</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>Section 3(3) of such Act is further amended by inserting before the word “<quotedText>proceeds</quotedText>” in both places it appears, the word “<quotedText>net</quotedText>”.</content></subsection></section> <page identifier="/us/stat/88/1626">88 <inline class="smallCaps">Stat.</inline> 1626</page> <section><heading class="smallCaps centered">repeals</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s107c/107e-1">20 USC 107c, 107e-1</ref>.</p></sidenote> <num value="205"><inline class="smallCaps">Sec.</inline> 205. </num><content>Sections 4 and 7 of the Randolph-Sheppard Act are repealed.</content></section> <section><heading class="smallCaps centered">arbitration; vending machine income; personnel; training</heading> <num value="206"><inline class="smallCaps">Sec.</inline> 206. </num><content>The Randolph-Sheppard Act is further amended by redesignating <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s107d/107e/107f">20 USC 107d, 107e, 107f</ref>.</p></sidenote>sections 5, 6, and 8, as sections 4, 9, and 10, respectively, and by inserting immediately after section 4, as redesignated, the following new sections: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s107d-1">20 USC 107d-1</ref>.</p></sidenote> <quotedContent> <section><num value="5">“<inline class="smallCaps">Sec.</inline> 5. </num><subsection class="inline"><num value="a">(a) </num><content>Any blind licensee who is dissatisfied with any action arising from the operation or administration of the vending facility program may submit to a State licensing agency a request for a full evidentiary hearing, which shall be provided by such agency in accordance <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1625.</p></sidenote>with section 3(6) of this Act. If such blind licensee is dissatisfied with any action taken or decision rendered as a result of such hearing, he may file a complaint with the Secretary who shall convene a panel <sidenote><p class="firstIndent1 fontsize8"><i>Infra.</i></p></sidenote>to arbitrate the dispute pursuant to section 6 of this Act, and the decision of such panel shall be final and binding on the parties except as otherwise provided in this Act.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>Whenever any State licensing agency determines that any department, agency, or instrumentality of the United States that has control of the maintenance, operation, and protection of Federal property is failing to comply with the provisions of this Act or any regulations issued thereunder (including a limitation on the placement or <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1623.</p></sidenote>operation of a vending facility as described in section 1 (b) of this Act and the Secretary’s determination thereon) such licensing agency may file a complaint with the Secretary who shall convene a panel to arbitrate <sidenote><p class="firstIndent1 fontsize8"><i>Infra.</i></p></sidenote>the dispute pursuant to section 6 of this Act, and the decision of such panel shall be final and binding on the parties except as otherwise provided in this Act.</content></subsection></section> <sidenote><p class="firstIndent1 fontsize8">Arbitration panel, duties.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s107d-2">20 USC 107d-2</ref>.</p></sidenote> <section><num value="6">“<inline class="smallCaps">Sec.</inline> 6. </num><subsection class="inline"><num value="a">(a) </num><content>Upon receipt of a complaint filed under section 5 of this Act, the Secretary shall convene an ad hoc arbitration panel as provided in subsection (b). Such panel shall, in accordance with the provisions of subchapter II of chapter 5 of title 5, United States <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s551">5 USC 551</ref>.</p></sidenote>Code, give notice, conduct a hearing, and render its decision which shall be subject to appeal and review as a final agency action for purposes of chapter 7 of such title 5.</content></subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s701">5 USC 701</ref>.</p> <p class="firstIndent1 fontsize8">Membership.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1) </num><chapeau>The arbitration panel convened by the Secretary to hear grievances of blind licensees shall be composed of three members appointed as follows:</chapeau> <subparagraph class="indent2 fontsize10"><num value="A">“(A) </num><content>one individual designated by the State licensing agency;</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="B">“(B) </num><content>one individual designated by the blind licensee; and</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="C">“(C) </num><content>one individual, not employed by the State licensing agency or, where appropriate, its parent agency, who shall serve as chairman, jointly designated by the members appointed under subparagraphs (A) and (B).</content></subparagraph> <continuation class="indent0 firstIndent0 fontsize10">If any party fails to designate a member under subparagraph (1) (A), (B), or (C), the Secretary shall designate such member on behalf of such party.</continuation></paragraph> <paragraph class="indent1 fontsize10"><num value="2">“(2) </num><chapeau>The arbitration panel convened by the Secretary to hear complaints filed by a State licensing agency shall be composed of three members appointed as follows:</chapeau> <subparagraph class="indent2 fontsize10"><num value="A">“(A) </num><content>one individual, designated by the State licensing agency;</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="B">“(B) </num><content>one individual, designated by the head of the Federal department, agency, or instrumentality controlling the Federal property over which the dispute arose; and</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="C">“(C) </num><content>one individual, not employed by the Federal department, agency, or instrumentality controlling the Federal property over <page identifier="/us/stat/88/1627">88 <inline class="smallCaps">Stat.</inline> 1627</page>which the dispute arose, who shall serve as chairman, jointly designated by the members appointed under subparagraphs (A) and (B).</content></subparagraph> <continuation class="indent0 firstIndent0 fontsize10">If any party fails to designate a member under subparagraph (2) (A), (B), or (C). the Secretary shall designate such member on behalf of such party. If the panel appointed pursuant to paragraph (2) finds that the acts or practices of any such department, agency, or instrumentality are in violation of this Act, or any regulation issued thereunder, the head of any such department, agency, or instrumentality shall cause such acts or practices to be terminated promptly and shall take such other action as may be necessary to carry out the decision of the panel.</continuation></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><content>The decisions of a panel convened by the Secretary pursuant <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>to this section shall be matters of public record and shall be published in the Federal Register.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><content>The Secretary shall pay all reasonable costs of arbitration <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>under this section in accordance with a schedule of fees and expenses he shall publish in the Federal Register.</content></subsection></section> <section><num value="7">“<inline class="smallCaps">Sec.</inline> 7. </num><subsection class="inline"><num value="a">(a) </num><content>In accordance with the provisions of subsection (b) of <sidenote><p class="firstIndent1 fontsize8">Vending machine income accrual.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s107d-3">20 USC 107d-3</ref>.</p></sidenote>this section, vending machine income obtained from the operation of vending machines on Federal property shall accrue (1) to the blind licensee operating a vending facility on such property, or (2) in the event there is no blind licensee operating such facility on such property, to the State agency in whose State the Federal property is located, for the uses designated in subsection (c) of this section, except that with respect to income which accrues under clause (1) of this subsection, the Commissioner may prescribe regulations imposing a ceiling on income from such vending machines for an individual blind licensee. In the event such a ceiling is imposed, no blind licensee shall receive less vending machine income under such ceiling than he was receiving on January 1, 1974. No limitation shall be imposed on income from vending machines, combined to create a vending facility, which are maintained, serviced, or operated by a blind licensee. Any amounts <sidenote><p class="firstIndent1 fontsize8">Excess amounts, transfer to State agency.</p></sidenote>received by a blind licensee that are in excess of the amount permitted to accrue to him under any ceiling imposed by the Commissioner shall be disbursed to the appropriate State agency under clause (2) of this subsection and shall be used by such agency in accordance with subsection (c) of this section.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1) </num><content>After January 1, 1975, 100 per centum of all vending <sidenote><p class="firstIndent1 fontsize8">“Direct competition.”</p></sidenote>machine income from vending machines on Federal property which are in direct competition with a blind vending facility shall accrue as specified in subsection (a) of this section. ‘Direct competition’ as used in this section means the existence of any vending machines or facilities operated on the same premises as a blind vending facility except that vending machines or facilities operated in areas serving employees the majority of whom normally do not have direct access to the blind vending facility shall not be considered in direct competition with the blind vending facility. After January 1, 1975, 50 per centum of all vending machine income from vending machines on Federal property which are not in direct competition with a blind vending facility shall accrue as specified in subsection (a) of this section, except that with respect to Federal property at which at least 50 per centum of the total hours worked on the premises occurs during periods other than normal working hours, 30 per centum of such income shall so accrue.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="2">“(2) </num><content>The bead of each department, agency, and instrumentality of the United States shall insure compliance with this section with respect to buildings, installations, and facilities under his control, and shall be responsible for collection of, and accounting for, such vending machine income.</content></paragraph></subsection> <page identifier="/us/stat/88/1628">88 <inline class="smallCaps">Stat.</inline> 1628</page> <sidenote><p class="firstIndent1 fontsize8">Income accruing to State licensing agency, use.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><content>All vending machine income which accrues to a State licensing agency pursuant to subsection (a) of this section shall be- used to establish retirement or pension plans, for health insurance contributions, and for provision of paid sick leave and vacation time for blind licensees in such State, subject to a vote of blind licensees as provided <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1626.</p></sidenote>under section 3(3) (E) of this Act. Any vending machine income remaining after application of the first sentence of this subsection shall be used for the purposes specified in sections 3(3) (A), (B), <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s107b">20 USC 107b</ref>.</p></sidenote>(C), and (D) of this Act, and any assessment charged to blind licensees by a State licensing agency shall be reduced pro rata in an amount equal to the total of such remaining vending machine income.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Nonapplicability.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><content>Subsections (a) and (b) (1) of this section shall not apply to income from vending machines within retail sales outlets under the control of exchange or ships’ stores systems authorized by title 10, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s101">10 USC 101 <i>et seq.</i></ref></p></sidenote>United States Code, or to income from vending machines operated by the Veterans Canteen Service, or to income from vending machines not in direct competition with a blind vending facility at individual locations, installations, or facilities on Federal property the total of which at such individual locations, installations, or facilities does not exceed $3,000 annually.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Cafeterias on Federal property, priority for operation, regulations.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num><content>The Secretary, through the Commissioner, shall prescribe regulations to establish a priority for the operation of cafeterias on Federal property by blind licensees when he determines, on an individual basis and after consultation with the head of the appropriate installation, that such operation can be provided at a reasonable cost with food of a high quality comparable to that currently provided to employees, whether by contract or otherwise.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Preexisting conditions or future arrangements.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="f">“(f) </num><content>This section shall not operate to preclude preexisting or future arrangements, or regulations of departments, agencies, or instrumentalities of the United States, under which blind licensees (1) receive a greater percentage or amount of vending machine income than that specified in subsection (b) (1) of this section, or (2) receive vending machine income from individual locations, installations, or facilities on Federal property the total of which at such individual locations, installations, or facilities does not exceed $3,000 annually.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="g">“(g) </num><content>The Secretary shall take such action and promulgate such regulations as he deems necessary to assure compliance with this section.</content></subsection></section> <sidenote><p class="firstIndent1 fontsize8">Training programs.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s107d-4">20 USC 107d-4</ref>.</p></sidenote> <section><num value="8"><inline class="smallCaps">“Sec.</inline> 8. </num><content>The Commissioner shall insure, through promulgation of appropriate regulations, that uniform and effective training programs, including on-the-job training, are provided for blind individuals, through services under the Rehabilitation Act of 1973 (Public Law <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s701">29 USC 701 note</ref>.</p></sidenote>93–112). He shall further insure that State agencies provide programs for upward mobility (including further education and additional training or retraining for improved work opportunities) for all trainees under this Act, and that follow-along services are provided to such trainees to assure that their maximum vocational potential is achieved.”.</content></section></quotedContent></content> </section> <section> <heading class="smallCaps centered">definitions</heading> <num value="207"><inline class="smallCaps">Sec.</inline> 207. </num><content>Section 9 of the Randolph-Sheppard Act, as redesignated <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1626.</p></sidenote>by section 206 of this title, is amended to read as follows: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s107e">20 USC 107e</ref>.</p></sidenote> <quotedContent><section><num value="9">“<inline class="smallCaps">Sec.</inline> 9. </num><chapeau>As used in the Act—</chapeau> <paragraph class="indent1 fontsize10"><num value="1">“(1) </num><content>‘blind person’ means a person whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than twenty degrees. In determining whether an individual is blind, there shall be an examination by a physician skilled in diseases of the <page identifier="/us/stat/88/1629">88 <inline class="smallCaps">Stat.</inline> 1629</page>eye, or by an optometrist, whichever the individual shall select;</content></paragraph> <paragraph class="indent1 fontsize10"><num value="2">“(2) </num><content>‘Commissioner’ means the Commissioner of the Rehabilitation Services Administration;</content></paragraph> <paragraph class="indent1 fontsize10"><num value="3">“(3) </num><content>‘Federal property’ means any building, land, or other real property owned, leased, or occupied by any department, agency, or instrumentality of the United States (including the Department of Defense and the United States Postal Service), or any other instrumentality wholly owned by the United States, or by any department or agency of the District of Columbia or any territory or possession of the United States;</content></paragraph> <paragraph class="indent1 fontsize10"><num value="4">“(4) </num><content>‘Secretary’ means the Secretary of Health, Education, and Welfare;</content></paragraph> <paragraph class="indent1 fontsize10"><num value="5">“(5) </num><content>‘State’ means a State, territory, possession, Puerto Rico, or the District of Columbia;</content></paragraph> <paragraph class="indent1 fontsize10"><num value="6">“(6) </num><content>‘United States’ includes the several States, territories, and possessions of the United States, Puerto Rico, and the District of Columbia;</content></paragraph> <paragraph class="indent1 fontsize10"><num value="7">“(7) </num><content>‘vending facility’ means automatic vending machines, cafeterias, snack bars, cart services, shelters, counters, and such other appropriate auxiliary equipment as the Secretary may by regulation prescribe as being necessary for the sale of the articles or services described in section 2(a) (5) of this Act and which <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1624.</p></sidenote>may be operated by blind licensees; and</content></paragraph> <paragraph class="indent1 fontsize10"><num value="8">“(8) </num><content>‘vending machine income’ means receipts (other than those of a blind licensee) from vending machine operations on Federal property, after cost of goods sold (including reasonable service and maintenance costs), where the machines are operated, serviced, or maintained by, or with the approval of, a department, agency, or instrumentality of the United States, or commissions paid (other than to a blind licensee) by a commercial vending concern which operates, services, and maintains vending machines on Federal property for, or with the approval of, a department, agency, or instrumentality of the United States.”.</content></paragraph></section></quotedContent></content> </section> <section><heading class="smallCaps centered">personnel</heading> <num value="208"><inline class="smallCaps">Sec.</inline> 208. </num><subsection class="inline"><num value="a">(a) </num><content>The Secretary of Health, Education, and Welfare is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s702">29 USC 702 note</ref>.</p></sidenote>directed to assign to the Office for the Blind and Visually Handicapped of the Rehabilitation Services Administration of the Department of Health, Education, and Welfare ten additional full-time personnel (or their equivalent), five of whom shall be supportive personnel, to carry out duties related to the administration of the Randolph-Sheppard Act.</content></subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s107">20 USC 107</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <chapeau>Section 5108(c) of title 5, United States Code, is amended—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>and</quotedText>” at the end of paragraph (10);</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>by striking out the period at the end of paragraph (11) and inserting in lieu thereof “<quotedText>; and</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>by adding after paragraph (11) the following new paragraph: <quotedContent><paragraph class="indent1 fontsize10"><num value="12">“(12) </num><content>the Secretary of Health, Education, and Welfare, subject to the standards and procedures prescribed by this chapter, may place one additional position in the Office, for the Blind and Visually Handicapped of the Rehabilitation Services Administration in GS-16, GS-17, or GS-18.”.</content></paragraph></quotedContent></content> </paragraph> </subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s702">29 USC 702 note</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>In selecting personnel to fill any position under this section, the Secretary of Health, Education, and Welfare shall give preference to blind individuals.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <content>Section 4(b) of the Randolph-Sheppard Act, as redesignated by <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1626.</p></sidenote>section 206 of this title, is amended by striking out “<quotedText>, and at least 50 per centum of such additional personnel shall be blind persons</quotedText>”.</content></subsection></section> <page identifier="/us/stat/88/1630">88 <inline class="smallCaps">Stat.</inline> 1630</page> <section><heading class="smallCaps centered">additional staff responsibilities</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s107b–1">20 USC 107b–1</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s107">20 USC 107</ref>.</p></sidenote> <num value="209"><inline class="smallCaps">Sec.</inline> 209. </num><chapeau>In addition to other requirements imposed in this title and in the Randolph-Sheppard Act upon State licensing agencies, such agencies shall—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>provide to each blind licensee access to all relevant financial data, including quarterly and annual financial reports, on the operation of the State vending facility program;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>conduct the biennial election of a Committee of Blind Vendors who shall be fully representative of all blind licensees in the State program, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>insure that such committee’s responsibilities include (A) participation, with the State agency, in major administrative decisions and policy and program development, (B) receiving grievances of blind licensees and serving as advocates for such licensees, (C) participation, with the State agency, in the development and administration of a transfer and promotion system for blind licensees, (D) participation, with the State agency, in developing training and retraining programs, and (E) sponsorship, with the assistance of the State agency, of meetings and instructional conferences for blind licensees.</content></paragraph></section> <section><heading class="smallCaps centered">standards, studies, and reports</heading> <sidenote><p class="firstIndent1 fontsize8">National standards for set-aside funds.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s107b–2">20 USC 107b–2</ref>.</p></sidenote> <num value="210"><inline class="smallCaps">Sec.</inline> 210. </num><subsection class="inline"><num value="a">(a) </num><content>The Secretary, through the Commissioner, after a period of study not to exceed six months following the date of enactment of this title, and after full consultation with, and full consideration of the views of, blind vendors and State licensing agencies, shall promulgate national standards for funds set aside pursuant to section <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1625.</p></sidenote>3(3) of the Randolph-Sheppard Act which include maximum and minimum amounts for such funds, and appropriate contributions, if any, to such funds by blind vendors. Nationally administered retirement, pension, and health insurance system, study.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><paragraph class="inline"><num value="1">(1) </num><content>The Secretary shall study the feasibility and desirability of establishing a nationally administered retirement, pension, and health insurance system for blind licensees, and such study shall include, but not be limited to, consideration of eligibility standards, amounts and sources of contributions, number of potential participants, total costs, and alternative forms of administration, including trust funds and revolving funds.</content></paragraph> <sidenote><p class="firstIndent1 fontsize8">Report to President and Congress.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>The Secretary shall, within one year following the date of enactment of this title, complete the study required by paragraph (1) of this subsection and report his findings, together with any recommendations, to the President and the Congress.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>The Secretary shall, not later than September 30, 1975, complete an evaluation of the method of assigning vending machine <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1627.</p></sidenote>income under section 7(b)(1) of the Randolpn-Sheppard Act, including its effect on the growth of the program authorized by the Act, <sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote>and on the operation of nonappropriated fund activities, and within thirty days thereafter he shall report his findings, together with any recommendations, to the appropriate committees of the Congress.</content> </subsection> <sidenote><p class="firstIndent1 fontsize8">Report to Secretary.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num> <content>Each State licensing agency shall, within one year following the date of enactment of this title, submit to the Secretary a report, with appropriate supporting documentation, which shows the actions taken by such agency to meet the requirements of section 2(a) (1) of <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1623.</p></sidenote>the Randolph-Sheppard Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">audit</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s107b–3">20 USC 107b–3</ref>.</p></sidenote> <num value="211"><inline class="smallCaps">Sec.</inline> 211. </num><content>The Comptroller General is authorized to conduct regular and periodic audits of all nonappropriated fund activities which receive income from vending machines on Federal property, under <page identifier="/us/stat/88/1631">88 <inline class="smallCaps">Stat.</inline> 1631</page>such rules and regulations as he may prescribe. In the conduct of such audits he and his duly authorized representatives shall have access to any relevant books, documents, papers, accounts, and records of such activities as he deems necessary.</content></section> <num value="III">TITLE III—</num><heading class="inline">WHITE HOUSE CONFERENCE ON HANDICAPPED INDIVIDUALS</heading> <sidenote><p class="firstIndent1 fontsize8">White House Conference on Handicapped Individuals Act.</p></sidenote> <section><heading class="smallCaps centered">short title</heading> <num value="300"><inline class="smallCaps">Sec.</inline> 300. </num><content>This title may be cited as the “<shortTitle role="title">White House Conference <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s701">29 USC 701 note</ref>.</p></sidenote>on Handicapped Individuals Act</shortTitle>”.</content></section> <section><heading class="smallCaps centered">findings and policy</heading> <num value="301"><inline class="smallCaps">Sec.</inline> 301. </num><chapeau>The Congress finds that—</chapeau> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s701">29 USC 701 note</ref>.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>the United States has achieved great and satisfying success in making possible a better quality of life for a large and increasing percentage of our population;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>the benefits and fundamental rights of this society are often denied those individuals with mental and physical handicaps;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>there are seven million children and at least twenty-eight million adults with mental or physical handicaps;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>it is of critical importance to this Nation that equality of opportunity, equal access to all aspects of society and equal rights guaranteed by the Constitution of the United States be provided to all individuals with handicaps;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content>the primary responsibility for meeting the challenge and problems of individuals with handicaps has often fallen on the individual or his family;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content>it is essential that recommendations be made to assure that all individuals with handicaps are able to live their lives independently and with dignity, and that the complete integration of all individuals with handicaps into normal community living, working, and service patterns be held as the final objective; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content>all levels of Government must necessarily share responsibility for developing opportunities for individuals with handicaps;</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">and it is therefore the policy of the Congress that the Federal Government work jointly with the States and their citizens to develop recommendations and plans for action in solving the multifold problems facing individuals with handicaps.</continuation></section> <section><heading class="smallCaps centered">authority of president, council, and secretary</heading> <num value="302"><inline class="smallCaps">Sec.</inline> 302. </num><subsection class="inline"><num value="a">(a) </num><content>The President is authorized to call a White House <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s701">29 USC 701 note</ref>.</p></sidenote>Conference on Handicapped Individuals not later than two years after the date of enactment of this title in order to develop recommendations and stimulate a national assessment of problems, and solutions to such problems, facing individuals with handicaps. Such a conference shall be planned and conducted under the direction of the National Planning and Advisory Council, established pursuant to subsection (b) of this section, and the Secretary of Health. Education, and Welfare (hereinafter referred to as the “Secretary”) and each Federal department and agency shall provide such cooperation and assistance to the Council, including the assignment of personnel, as may reasonably be required by the Secretary.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1) </num><content>There is established a National Planning and Advisory <sidenote><p class="firstIndent1 fontsize8">National Planning and Advisory Council.</p> <p class="firstIndent1 fontsize8">Establishment.</p></sidenote>Council (in this title referred to as the “Council”), appointed by the <page identifier="/us/stat/88/1632">88 <inline class="smallCaps">Stat.</inline> 1632</page><sidenote><p class="firstIndent1 fontsize8">Membership.</p></sidenote>Secretary, composed of twenty-eight members of whom not less than ten shall be individuals with handicaps appointed to represent all individuals with handicaps, and five shall be parents of individuals with handicaps appointed to represent all such parents and individuals. The Council shall provide guidance and planning for the Conference.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>Any member of the Council who is otherwise employed by the Federal Government shall serve without compensation in addition to that received in his regular employment.</content> </paragraph> <sidenote><p class="firstIndent1 fontsize8">Compensation.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>Members of the Council, other than those referred to in paragraph (1), shall receive compensation at rates not to exceed the daily rate prescribed for GS-18 under section 5332, title 5, United States <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote>Code, for each day they are engaged in the performance of their duties (including traveltime); and, while so serving away from their homes <sidenote><p class="firstIndent1 fontsize8">Travel expenses.</p></sidenote>or regular places of business, they shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as the expenses authorized by section 5703, title 5, United States Code, for persons in Government service employed intermittently.</content> </paragraph> <sidenote><p class="firstIndent1 fontsize8">Termination date.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>Such Council shall cease to exist one-hundred and twenty days after the submission of the final report required by section 302(e).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num><content>For the purpose of ascertaining facts and making recommendations concerning the utilization of skills, experience, and energies, and the improvement of the conditions of individuals with handicaps, the Conference shall bring together individuals with handicaps and members of their families and representatives of Federal, State, and local governments, professional experts, and members of the general public recognized by individuals with handicaps as being knowledgeable about problems affecting their lives.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num><chapeau>Participants in the White House Conference, and in conferences and other activities leading up to the White House Conference at the local and State level are authorized to consider all matters related to the purposes of the Conference set forth in subsection (a), <sidenote><p class="firstIndent1 fontsize8">Recommendations.</p></sidenote>but shall give special consideration to recommendations for:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>providing education, health, and diagnostic services for all children early in life so that handicapping conditions may be discovered and treated;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>assuring that every individual with a handicap receives appropriately designed benefits of the educational system;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>assuring that individuals with handicaps have available to them all special services and assistance which will enable them to live their lives as fully and independently as possible;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>enabling individuals with handicaps to have access to usable communication services and devices at costs comparable to other members of the population;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content>assuring that individuals with handicaps will have maximum mobility to participate in all aspects of society, including access to all publicly-assisted transportation services and, when necessary, alternative means of transportation at comparable cost;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content>improving utilization and adaptation of modern engineering and other technology to ameliorate the impact of handicapping conditions on the lives of individuals and especially on their access to housing and other structures;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content>assuring individuals with handicaps of equal opportunity with others to engage in gainful employment;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">(8) </num> <content>enabling individuals with handicaps to have incomes sufficient for health and for participation in family and community life as self-respecting citizens;</content> <page identifier="/us/stat/88/1633">88 <inline class="smallCaps">Stat.</inline> 1633</page> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">(9) </num> <content>increasing research relating to all aspects of handicapping conditions, stressing the elimination of causes of handicapping conditions and the amelioration of the effects of such conditions;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">(10) </num> <content>assuring close attention and assessment of all aspects of diagnosis and evaluation of individuals with handicaps;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="11">(11) </num> <content>assuring review and evaluation of all governmental programs in areas affecting individuals with handicaps, and a close examination of the public role in order to plan for the future;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="12">(12) </num> <content>resolving the special problems of veterans with handicaps;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="13">(13) </num> <content>resolving the problems of public awareness and attitudes that restrict individuals with handicaps from participating in society to their fullest extent;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="14">(14) </num> <content>resolving the special problems of individuals with handicaps who are homebound or institutionalized;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="15">(15) </num> <content>resolving the special problems of individuals with handicaps who have limited English-speaking ability;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="16">(16) </num> <content>alloting funds for basic vocational rehabilitation services under part B of title I of the Rehabilitation Act of 1973 in a fair <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s730">29 USC 730</ref>.</p></sidenote>and equitable manner in consideration of the factors set forth in section 407(a) of such Act; and</content></paragraph> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s787">29 USC 787</ref>.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="17">(17) </num> <content>promoting other related matters for individuals with handicaps.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="e">(e) </num><content>A final report of the White House Conference on Handicapped <sidenote><p class="firstIndent1 fontsize8">Report to President.</p></sidenote>Individuals shall be submitted by the Council to the President not later than one hundred and twenty days following the date on which the conference is called, and the findings and recommendations included therein shall be immediately made available to the public. The <sidenote><p class="firstIndent1 fontsize8">Availability to public.</p></sidenote>Council and the Secretary shall, within ninety days after the submission of such final report, transmit to the President and the Congress <sidenote><p class="firstIndent1 fontsize8">Recommendations, transmittal to President and Congress.</p></sidenote>their recommendations for administrative action and legislation necessary to implement the recommendations contained in such report.</content></subsection></section> <section><heading class="smallCaps centered">responsibilities of council and secretary</heading> <num value="303"><inline class="smallCaps">Sec.</inline> 303. </num><subsection class="inline"><num value="a">(a) </num><chapeau>In carrying out the provisions of this title, the Council <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s701">29 USC 701 note</ref>.</p></sidenote>and the Secretary shall—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>request the cooperation and assistance of such other Federal departments and agencies as may be appropriate, including Federal advisory bodies having responsibilities in areas affecting individuals with handicaps;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>render all reasonable assistance, including financial assistance, to the States in enabling them to organize and conduct conferences on handicapped individuals prior to the White House Conference on Handicapped Individuals;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>prepare and make available necessary background materials for the use of delegates to the White House Conference on Handicapped Individuals;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>prepare and distribute such interim reports of the White House Conference on Handicapped Individuals as may be appropriate; and</content> </paragraph> <paragraph class="indent1 fontsize10"><num value="5">(5) </num><content>engage such individuals with handicaps and additional personnel as may be necessary without regard to the provisions of title 5, United States Code, governing appointments in the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s101">5 USC 101 <i>et seq.</i></ref></p></sidenote>competitive civil service, and without regard to chapter 57 and subchapter III of chapter 53 of such title relating to classification <sidenote><ref href="/us/usc/t5/s5701/5331">5 USC 5701, 5331</ref>. <p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote>and General Schedule pay rates, but at rates of pay not to exceed the rate prescribed for GS-18 under section 5332 of such title.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>In carrying out the provisions of this title, the Secretary shall employ individuals with handicaps.</content></subsection></section> <page identifier="/us/stat/88/1634">88 <inline class="smallCaps">Stat.</inline> 1634</page> <section> <heading class="smallCaps centered">definition</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s701">29 USC 701 note</ref>.</p></sidenote> <num value="304"><inline class="smallCaps">Sec.</inline> 304. </num><content>For the purpose of this title, the term “State” includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.</content> </section> <section> <heading class="smallCaps centered">state participation</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s701">29 USC 701 note</ref>.</p> <p class="firstIndent1 fontsize8"><i>Infra.</i></p></sidenote> <num value="305"><inline class="smallCaps">Sec.</inline> 305. </num><subsection class="inline"><num value="a">(a) </num><content>From the sums appropriated pursuant to section 306 the Secretary is authorized to make a grant to each State, upon application of the chief executive thereof, in order to assist in meeting the costs of that State's participation in the Conference program, including the conduct of at least one conference within each such State.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content>Grants made pursuant to subsection (a) shall be made only with the approval of the Council.</content> </subsection> <sidenote><p class="firstIndent1 fontsize8">State apportionment.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num> <content>Funds appropriated for the purposes of this subsection shall be apportioned among the States by the Secretary in accordance with their respective needs for assistance under this subsection, except that no State shall be apportioned more than $25,000 nor less than $10,000.</content></subsection> </section> <section> <heading class="smallCaps centered">authorization of appropriations</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s701">29 USC 701 note</ref>.</p></sidenote> <num value="306"><inline class="smallCaps">Sec.</inline> 306. </num><content>There are authorized to be appropriated, without fiscal year limitations, $2,000,000 to carry out the provisions of this title and such additional sums as may be necessary to carry out section <sidenote><p class="firstIndent1 fontsize8"><i>Supra.</i></p></sidenote>305. Sums so appropriated shall remain available for expenditure until June 30, 1977.</content></section> Approved December 7, 1974.
Public Law 93–517: Making appropriations for the Departments of Labor, and Health, Education, and Welfare, and related agencies, for the fiscal year ending June 30, 1975, and for other purposes. Public Law 517 Public Law 93–517 88 Stat. 1634 1974-12-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–517 93rd Congress
AN ACT Making appropriations for the Departments of Labor, and Health, Education, and Welfare, and related agencies, for the fiscal year ending June 30, 1975, and for other purposes.

December 7, 1974

[H. R. 15580]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following

Departments of Labor, and Health, Education, and Welfare Appropriation Act, 1975.

sums are appropriated out of any money in the Treasury not otherwise appropriated, for the Departments of Labor, and Health, Education, and Welfare, and related agencies, for the fiscal year ending June 30, 1975, and for other purposes, namely:
<num value="I">TITLE I—</num> <heading class="inline">DEPARTMENT OF LABOR</heading> <sidenote><p class="firstIndent1 fontsize8">Department of Labor Appropriation Act, 1975.</p></sidenote> <appropriations level="intermediate"> <heading>Manpower Administration</heading> <appropriations level="small"> <heading>program administration</heading> <content>For expenses of administering employment and training programs, $68,009,000, together with not to exceed $28,165,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund, and of which $4,713,000 shall be for carrying into effect the provisions of 38 U.S.C. 2001-2003.</content> <page identifier="/us/stat/88/1635">88 <inline class="smallCaps">Stat.</inline> 1635</page> </appropriations> <appropriations level="small"> <heading>comprehensive manpower assistance</heading> <content>For expenses necessary to carry into effect the Comprehensive Employment and Training Act of 1973, and sections 326 and 328 of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s801">29 USC 801 note</ref>.</p></sidenote>the Trade Expansion Act of 1962 (19 U.S.C. 1951 and 1961) $2,400,000,000, plus reimbursements, to remain available until June 30, 1976: <proviso><i>Provided,</i> That this appropriation shall be available for the purchase and hire of passenger motor vehicles, and for construction, alteration, and repair of buildings and other facilities and for the purchase of real property for training centers as authorized by the Comprehensive Employment and Training Act of 1973.</proviso></content> </appropriations> <appropriations level="small"> <heading>community service employment for older americans</heading> <content>To carry out title IX of the Older Americans Comprehensive Services Amendments of 1973, $12,000,000.</content> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3061">42 USC 3061 note</ref>.</p></sidenote> </appropriations> <appropriations level="small"> <heading>federal unemployment benefits and allowances</heading> <content>For payments during the current fiscal year of benefits and allowances to unemployed Federal employees and ex-servicemen, as authorized by title 5, chapter 85 of the United States Code, and for trade <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s8501">5 USC 8501</ref>.</p></sidenote>adjustment benefit payments and allowances, as provided by law (19 U.S.C. 1941-1944 and 1952), $365,000,000, together with such amounts as may be necessary to be charged to the subsequent year appropriation for the payment of benefits for any period subsequent to June 15 of the current year: <proviso><i>Provided,</i> That, in addition, there shall lie transferred from the Postal Service Fund to this appropriation such sums as the Secretary of Labor determines to be the cost of benefits for ex-Postal Service employees.</proviso></content> </appropriations> <appropriations level="small"> <heading>grants to states for unemployment insurance and employment services</heading> <content>For grants for activities authorized by the Act of June 6, 1933, as amended (29 U.S.C. 49–49n, 39 U.S.C. 3202(a)(1)(E)); Veterans’ Employment and Readjustment Act of 1972 (38 U.S.C. 2001–2013); title III of the Social Security Act, as amended (42 U.S.C. 501–503); sections 312 (e) and (g) of the Comprehensive Employment and Training Act of 1973; and necessary expenses for carrying out 5 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s882">29 USC 882</ref>.</p></sidenote>U.S.C. 8501–8523 and 19 U.S.C. 1941–1944, 1952, including, upon the request of any State, the payment of rental for space made available to such State in lieu of grants for such purpose, $64,400,000, together with not to exceed $928,900,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund, and of which $29,000,000 shall be available only to the extent necessary to meet increased costs of administration resulting from changes in a State law or increases in the number of unemployment insurance claims filed and claims paid or increased salary costs resulting from changes in State salary compensation plans embracing employees of the State generally over those upon which the State’s basic grant was based, which cannot be provided for by normal budgetary adjustments: <proviso><i>Provided,</i> That any portion of the funds granted to a State in the current fiscal year and not obligated by the State in that year shall be returned to the Treasury and credited to the account from which derived.</proviso></content> <page identifier="/us/stat/88/1636">88 <inline class="smallCaps">Stat.</inline> 1636</page> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Labor-Management Services Administration</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses for the Labor-Management Services Administration, $27,745,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Employment Standards Administration</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses for the Employment Standards Administration, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered, $69,150,000.</content> </appropriations> <appropriations level="small"> <heading>special benefits</heading> <content><p class="indent0 firstIndent1 fontsize10">For the payment of compensation, benefits, and expenses (except administrative expenses) accruing during the current or any prior fiscal year authorized by title IV of the Federal Coal Mine Health and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t30/s901">30 USC 901</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s8101">5 USC 8101</ref>.</p></sidenote>Safety Act of 1989, as amended, and title V, chapter 81 of the United States Code; continuation of benefits as provided for under the head “Civilian War Benefits” in the Federal Security Agency Appropriation <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/696">60 Stat. 696</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/stat/58/566">58 Stat. 566</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s2003/2004">50 USC app. 2003, 2004</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s944">33 USC 944</ref>.</p></sidenote>Act, 1947; the Employees’ Compensation Commission Appropriation Act, 1944; and sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012); and not to exceed $1,946,000, which may be transferred to the fund created by section 44 of the Longshoremen’s and Harbor Workers’ Compensation Act, as amended, $165,000,000, together with such amount as may be necessary to be charged to the subsequent year appropriation for the payment of compensation and other benefits for any period subsequent to June 15 of the current year: <proviso><i>Provided,</i> That in addition there shall be transferred from the Postal Service fund to this appropriation such sums as the Secretary of Labor determines to be the cost of administration for Postal Service employees through June 30, 1975.</proviso></p> <p class="indent0 firstIndent1 fontsize10">Whenever the Secretary of Labor finds it will promote the achievement of the above activities, qualified persons may be appointed to conduct hearings thereunder without meeting the requirements for hearing examiners appointed under 5 U.S.C. 3105: <proviso><i>Provided,</i> That no person shall hold a hearing in any case with which he has been concerned previously in the administration of such activities.</proviso></p></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Occupational Safety and Health Administration</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content><p class="indent0 firstIndent1 fontsize10">For necessary expenses for the Occupational Safety and Health Administration, $102,006,000, of which not to exceed $5,000,000 shall be, available for reimbursement to States under section 7(c)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 656(c)(1)) for the furnishing of consultation services to employers under section 21(c) of such Act (29 U.S.C. 670(c)).</p> <p class="indent0 firstIndent1 fontsize10">None of the funds appropriated in this Act shall be used to require recordkeeping and reporting under the Occupational Safety and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s651">29 USC 651 note</ref>.</p></sidenote>Health Act of 1970 from employers of ten or fewer employees, and such exclusion shall be governed by the current rules and regulations in CFR, Title 29, Chapter XVII, Part 1904.15.</p></content> <page identifier="/us/stat/88/1637">88 <inline class="smallCaps">Stat.</inline> 1637</page> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Bureau of Labor Statistics</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local agencies and their employees for services rendered, $52,872,000, of which $6,174,000 shall be for expenses of revising the Consumer Price Index, including salaries of temporary personnel assigned to this project without regard to competitive civil service requirements.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Departmental Management</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses for departmental management and $1,270,000 for the President’s Committee on Employment of the Handicapped, $29,675,000, together with not to exceed $820,000 to be derived from the Employment Security Administration account, Unemployment Trust Fund.</content></appropriations> <appropriations level="small"> <heading>special foreign currency program</heading> <content>For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the Department of Labor, as authorized by law, $200,000, to remain available until expended: <proviso><i>Provided,</i> That this appropriation shall be available, in addition to other appropriations to such agency for payments in the foregoing currencies.</proviso></content> </appropriations> </appropriations> <section><heading class="smallCaps centered">General Provisions</heading> <num value="101"><inline class="smallCaps">Sec.</inline> 101. </num><content><p class="indent0 firstIndent1 fontsize10">Appropriations in this Act available for salaries and expenses shall be available for supplies, services, and rental of conference space within the District of Columbia, as the Secretary of Labor shall deem necessary for settlement of labor-management disputes.</p> <p class="indent0 firstIndent1 fontsize10">This title may be cited as the “<shortTitle role="title">Department of Labor Appropriation <sidenote><p class="firstIndent1 fontsize8">Citation of title.</p></sidenote>Act, 1975”</shortTitle>.</p></content></section> <num value="II">TITLE II—</num><heading class="inline">DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE</heading> <sidenote><p class="firstIndent1 fontsize8">Department of Health, Education, and Welfare Appropriation Act, 1975.</p></sidenote> <appropriations level="intermediate"> <heading>Health Services Administration</heading> <appropriations level="small"> <heading>health services</heading> <content>For carrying out, except as otherwise provided, titles III, V, XI, XII, and XIII of the Public Health Service Act, the Act of August 8, <sidenote><ref href="/us/usc/t42/s241/219/300b/300d/300e">42 USC 241, 219, 300b, 300d, 300e</ref>.</sidenote>1946 (5 U.S.C. 7901), section 1 of the Act of July 19, 1963 (42 U.S.C. 253a), section 108 of Public Law 93–353, and title V of the Social Security Act, $493,455,000, of which $1,200,000 shall be available only <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 371.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s701">42 USC 701</ref>.</p></sidenote>for payments to the State of Hawaii for care and treatment of persons afflicted with leprosy: <proviso><i>Provided,</i> That $3,000,000 shall remain available through June 30, 1976, pursuant to sections 1303(i) and 1304(k) of the Public Health Service Act:</proviso> <proviso><i>Provided further,</i> That any amounts <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300e-2/300e-3">42 USC 300e-2, 300e-3</ref>.</p></sidenote>received by the Secretary in connection with loans and loan guarantees under title XIII and any other property or assets derived by him <page identifier="/us/stat/88/1638">88 <inline class="smallCaps">Stat.</inline> 1638</page>from his operations respecting such loans and loan guarantees, including any money derived from the sale of assets, shall be available to the Secretary without fiscal year limitation for direct loans and loan guarantees, as authorized by said title XIII, in addition to funds specifically appropriated for that purpose:</proviso> <proviso><i>Provided further,</i> That $1,600,000 shall be available for payment of the costs of medical care, related expenses, and burial expenses, hereafter incurred, by or on behalf of any person who has participated in the study of untreated syphilis initiated in Tuskegee, Alabama, in 1932, in such amounts and subject to such terms and conditions as prescribed by the Secretary of Health, Education, and Welfare, and for payment, in such amounts and subject to such terms and conditions, of such costs and expenses hereafter incurred by or on behalf of such person’s wife or offspring determined by the Secretary to have suffered injury or disease fom syphilis contracted from such person, to remain available until expended:</proviso> <proviso><i>Provided further,</i> That when the Health Services Administration operates an employee health program for any Federal department or agency, payment for the estimated cost shall be made by way of reimbursement or in advance to this appropriation:</proviso> <proviso><i>Provided further,</i> That in addition, $5,774,000 may be transferred to this appropriation as authorized by section 201(g)(1) of the Social <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401</ref>.</p></sidenote>Security Act, from any one or all of the trust funds referred to therein:</proviso> <proviso><i>Provided further,</i> That $1,300,000 of the funds contained in this appropriation for construction and related activities shall remain available until expended.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Center for Disease Control</heading> <appropriations level="small"> <heading>preventive health services</heading> <content>To carry out, to the extent not otherwise provided, title III of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s241">42 USC 241</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4801">42 USC 4801 note</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t30/s801">30 USC 801 note</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s651">29 USC 651 note</ref>.</p></sidenote>Public Health Service Act, the Lead-Based Paint Poisoning Prevention Act, the Federal Coal Mine Health and Safety Act of 1969, and the Occupational Safety and Health Act of 1970; including insurance of official motor vehicles in foreign countries; and purchase, hire, maintenance, and operation of aircraft; $136,443,000: <proviso><i>Provided,</i> That training of employees of Federal, State, and local governments and of private agencies, shall be made subject to reimbursement or advances to this appropriation for the full costs of such training.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>National Institutes of Health</heading> <appropriations level="small"> <heading>national cancer institute</heading> <content>For carrying out, to the extent not otherwise provided, title IV, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s281">42 USC 281</ref>.</p> <p class="firstIndent1 fontsize8"><i>Ante,</i> pp. 135, 342, 360.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l">42 USC 289<i>l</i></ref>.</p></sidenote>parts A and I, of the Public Health Service Act with respect to cancer, $691,666,000.</content> </appropriations> <appropriations level="small"> <heading>national heart and lung institute</heading> <content>For expenses, not otherwise provided for, necessary to carry out <sidenote><ref href="/us/usc/t42/s287/300b">42 USC 287, 300b</ref>.</sidenote>title IV, parts B and I, and title XI of the Public Health Service Act, $324,130,000.</content> <page identifier="/us/stat/88/1639">88 <inline class="smallCaps">Stat.</inline> 1639</page> </appropriations> <appropriations level="small"> <heading>national institute of dental research</heading> <content>For expenses, not otherwise provided for, to carry out title IV, parts C and I, of the Public Health Service Act, $49,864,000.</content> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s288">42 USC 288</ref>.</p> <p class="firstIndent1 fontsize8"><i>Ante,</i> pp. 135, 342, 360.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l">42 USC 289<i>l</i></ref>.</p></sidenote> </appropriations> <appropriations level="small"> <heading>national institute of arthritis, metabolism, and digestive diseases</heading> <content>For expenses necessary to carry out title IV, parts D and I, of the Public Health Service Act with respect to arthritis, rheumatism, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289a">42 USC 289a</ref>.</p></sidenote>metabolic diseases, and digestive diseases, $173,121,000.</content> </appropriations> <appropriations level="small"> <heading>national institute of neurological diseases and stroke</heading> <content>For expenses necessary to carry out, to the extent not otherwise provided, title IV, parts D and I, of the Public Health Service Act <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289a">42 USC 289a note</ref>.</p></sidenote>with respect to neurology and stroke, $142,498,000.</content> </appropriations> <appropriations level="small"> <heading>national institute of allergy and infectious diseases</heading> <content>For expenses, not otherwise provided for, to carry out title IV, parts D and I, of the Public Health Service Act with respect to allergy and infectious diseases, $119,452,000.</content> </appropriations> <appropriations level="small"> <heading>national institute of general medical sciences</heading> <content>For expenses, not otherwise provided for, necessary to carry out title IV, parts E and I, of the Public Health Service Act with respect <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289e">42 USC 289e</ref>.</p></sidenote>to general medical sciences, $187,400,000.</content> </appropriations> <appropriations level="small"> <heading>national institute of child health and human development</heading> <content>To carry out, except as otherwise provided, title IV, parts E and I, of the Public Health Service Act with respect to child health and human development, $141,966,000.</content> </appropriations> <appropriations level="small"> <heading>national eye institute</heading> <content>For expenses necessary to carry out title IV, parts F and I, of the Public Health Service Act, with respect to eye diseases and visual <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289i">42 USC 289i</ref>.</p></sidenote>disorders, $44,133,000.</content> </appropriations> <appropriations level="small"> <heading>national institute of environmental health sciences</heading> <content>To carry out, except as otherwise provided, sections 301, 311, and title IV, part I, of the Public Health Service Act, with respect to <sidenote><ref href="/us/usc/t42/s241/243">42 USC 241, 243</ref>.</sidenote>environmental health sciences, $34,949,000.</content> </appropriations> <appropriations level="small"> <heading>research resources</heading> <content>To carry out, except as otherwise provided, section 301 and title IV, part I of the Public Health Service Act with respect to research resources and general research support grants, $127,200,000: <proviso><i>Provided,</i> That none of these funds shall be used to pay recipients of the general research support grants programs any amount for indirect expenses in connection with such grants.</proviso></content> <page identifier="/us/stat/88/1640">88 <inline class="smallCaps">Stat.</inline> 1640</page> </appropriations> <appropriations level="small"> <heading>john e. fogarty international center for advanced study in the health sciences</heading> <content>For the John E. Fogarty International Center for Advanced Study in the Health Sciences, $5,589,000, of which not to exceed $500,000 shall be available for payment to the Gorgas Memorial Institute for maintenance and operation of the Gorgas Memorial Laboratory.</content> </appropriations> <appropriations level="small"> <heading>national library of medicine</heading> <content>To carry out, to the extent not otherwise provided for, section 301 with respect to health information communications and parts I and <sidenote><ref href="/us/usc/t42/s275/280b">42 USC 275, 280b</ref>.</sidenote>J of title III of the Public Health Service Act, $28,450,000.</content> </appropriations> <appropriations level="small"> <heading>buildings and facilities</heading> <content>For construction of, and acquisition of sites and equipment for, facilities of or used by the National Institutes of Health, where not otherwise provided, $3,000,000, to remain available until expended.</content> </appropriations> <appropriations level="small"> <heading>office of the director</heading> <content><p class="indent0 firstIndent1 fontsize10">For expenses necessary for the Office of the Director, National Institutes of Health, $17,000,000.</p> <p class="indent0 firstIndent1 fontsize10">Funds advanced to the National Institutes of Health management fund from appropriations in this Act shall be available for the expenses of sharing medical care facilities and resources pursuant to <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s254a">42 USC 254a</ref>.</p></sidenote>section 328 of the Public Health Service Act and for the purchase of not to exceed fourteen passenger motor vehicles for replacement only.</p></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Alcohol, Drug Abuse, and Mental Health Administration</heading> <appropriations level="small"> <heading>alcohol, drug abuse, and mental health</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s201">42 USC 201 note</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2681">42 USC 2681 note</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4551">42 USC 4551 note</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3401">42 USC 3401 note</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t21/s1101">21 USC 1101 note</ref>.</p></sidenote> <content>For carrying out the Public Health Service Act with respect to mental health and, except as otherwise provided, the Community Mental Health Centers Act (42 U.S.C. 2681, et seq.), the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, the Narcotic Addict Rehabilitation Act of 1966, and the Drug Abuse Office and Treatment Act of 1972, $781,358,000.</content> </appropriations> <appropriations level="small"> <heading>saint elizabeths hospital</heading> <content>For expenses necessary for the maintenance and operation of the hospital, including clothing for patients, and cooperation with organizations or individuals in the scientific research into the nature, causes, prevention, and treatment of mental illness, $42,340,000, or such amounts as may be necessary to provide a total appropriation equal to the difference between the amount of the reimbursements received during the current fiscal year on account of patient care provided by the hospital during such year and $66,233,000.</content> <page identifier="/us/stat/88/1641">88 <inline class="smallCaps">Stat.</inline> 1641</page> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Health Resources Administration</heading> <appropriations level="small"> <heading>health resources</heading> <content>For carrying out the District of Columbia Medical and Dental Manpower Act of 1970, as amended, $7,500,000.</content> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/t31/s921">D.C. Code 31–921 note</ref>.</p></sidenote> </appropriations> <appropriations level="small"> <heading>payment of sales insufficiencies and interest losses</heading> <content>For the payment of such insufficiencies as may be required by the trustee on account of outstanding beneficial interest or participations in the Health Professions Education Fund assets or Nurse Training Fund assets, authorized by the Department of Health, Education, and Welfare Appropriation Act, 1968, to be issued pursuant to section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/81/390">81 Stat. 390</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1717">12 USC 1717</ref>.</p></sidenote>302(c) of the Federal National Mortgage Association Charter Act, $164,000, and for payment of amounts pursuant to section 744(b) or 827(b) of the Public Health Service Act to schools which borrow any <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s294d/297f">42 USC 294d, 297f</ref>.</p></sidenote>sums from the Health Professions Education Fund or Nurse Training Fund, $3,836,000: <proviso><i>Provided,</i> That the amounts appropriated herein shall remain available until expended.</proviso></content> </appropriations> <appropriations level="small"> <heading>health professions education fund</heading> <content>The Secretary is hereby authorized to make such expenditures, within the limits of funds available in the Health Professions Education Fund and the Nurse Training Fund, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitation as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s849">31 USC 849</ref>.</p></sidenote>set forth in the budget for the current fiscal year.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Assistant Secretary for Health</heading> <appropriations level="small"> <heading>assistant secretary for health</heading> <content>For expenses necessary for the Office of the Assistant Secretary for Health, $30,215,000; together with not to exceed $27,000,000 to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401</ref>.</p></sidenote>therein, to carry out, to the extent not otherwise provided, title XI, part B, of the Social Security Act.</content> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1320c">42 USC 1320c</ref>.</p></sidenote> </appropriations> <appropriations level="small"> <heading>retirement pay and medical benefits for commissioned officers</heading> <content>For retired pay of commissioned officers, as authorized by law, and for payments under the Retired Serviceman's Family Protection Plan; Survivor Benefit Plan and payments for medical care of dependents and retired personnel under the Dependents’ Medical Care Act (10 U.S.C., ch. 55), such amount as may be required during the current <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/70/250">70 Stat. 250</ref>.</p></sidenote>fiscal year.</content> </appropriations> </appropriations> <appropriations level="major"> <heading>EDUCATION DIVISION</heading> <appropriations level="intermediate"> <heading>Office of Education</heading> <appropriations level="small"> <heading>elementary and secondary education</heading> <content>For carrying out, to the extent not otherwise provided, the Environmental Education Act, part IV of title III of the Communications Act <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1531">20 USC 1531 note</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t47/s390">47 USC 390</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s331">20 USC 331 note</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s200c">42 USC 2000c</ref>.</p> <ref href="/us/usc/t42/s2809/2995">42 USC 2809, 2995</ref>.<p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1531">20 USC 1531 note</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t47/s390">47 USC 390</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s331">20 USC 331 note</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s200c">42 USC 2000c</ref>.</p> <ref href="/us/usc/t42/s2809/2995">42 USC 2809, 2995</ref>.</sidenote>of 1934; the Cooperative Research Act; title IV of the Civil Rights Act of 1964; and section 222(a)(2) and title IX of the Economic Opportunity Act of 1964, $107,600,000 of which $12,000,000 shall be for educational broadcasting facilities and shall remain available until expended.</content> <page identifier="/us/stat/88/1642">88 <inline class="smallCaps">Stat.</inline> 1642</page> </appropriations> <appropriations level="small"> <heading>occupational, vocational, and adult education</heading> <content>For carrying out, to the extent not otherwise provided, section 102 (b) ($20,000,000), parts B and C ($438,978,000), D, F ($35,994,000), G ($19,500,000), H ($9,849,000) and I of the Vocational Education Act of 1963, as amended (20 U.S.C. 1241–1391), the Cooperative <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s331">20 USC 331 note</ref>.</p></sidenote>Research Act, and parts B-1 ($37,500,000), D ($8,139,000), E ($2,100,000), and F ($9,000,000) of the Education Professions Development <sidenote><ref href="/us/usc/t20/s1101/1119/1119b/1119c">20 USC 1101, 1119, 1119b, 1119c</ref>.</sidenote>Act, $612,376,000 including $16,000,000 for exemplary programs under part D of said 1963 Act of which 50 per centum shaft remain available until expended and 50 per centum shall remain available through June 30, 1976, and not to exceed $18,000,000 for research and training under part C of said 1963 Act.</content> </appropriations> <appropriations level="small"> <heading>higher education</heading> <content>For carrying out, to the extent not otherwise provided, titles I, III, IV, section 745 of title VII, and parts A, B, C, and D of title IX, and <sidenote><ref href="/us/usc/t20/s1001/1051/1061/1132c-4/1134/1134d/1134i/1134n/1142b">20 USC 1001, 1051, 1061, 1132c-4, 1134, 1134d, 1134i, 1134n, 1142b</ref>. <p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1078a">20 USC 1078a note</ref>.</p> <ref href="/us/usc/t20/s427/511">20 USC 427, 511</ref>. <p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2451">22 USC 2451 note</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232">20 USC 1232</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/stat/86/907">86 Stat. 907</ref>.</p></sidenote>section 1203 of the Higher Education Act, the Emergency Insured Student Loan Act of 1969 as amended, section 207 and title VI of the National Defense Education Act, as amended, the Mutual Educational and Cultural Exchange Act of 1961, section 22 of the Act of June 29, 1935, as amended (7 U.S.C. 329), section 421 of the General Education Provisions Act, and Public Law 92–506 of October 19, 1972, $2,131,271,000, of which $240,300,000 for supplemental educational opportunity grants and amounts reallotted for work-study shall remain available through June 30, 1976, $23,750,000 shall be for veterans cost-of-instruction payments to institutions of higher education, and $660,000,000 shall be for basic opportunity grants (including not to exceed $11,500,000 for administrative expenses) of which $648,500,000 shall remain available through June 30, 1976, $315,000,000 for subsidies on guaranteed student loans shall remain available until expended: <proviso><i>Provided,</i> That none of the funds in this Act shall be used to pay any amount for basic opportunity grants for students who were enrolled at institutions of higher education prior to April 1, 1973.</proviso></content> </appropriations> <appropriations level="small"> <heading>library resources</heading> <content>For carrying out, to the extent not otherwise provided, titles I ($49,155,000) and III ($2,594,000) of the Library Services and Construction <sidenote><ref href="/us/usc/t20/s352/355e">20 USC 352, 355e</ref>. <ref href="/us/usc/t20/s1021/1121">20 USC 1021, 1121</ref>. <ref href="/us/usc/t20/s352/355e">20 USC 352, 355e</ref>. <ref href="/us/usc/t20/s1021/1121">20 USC 1021, 1121</ref>.</sidenote>Act (20 U.S.C. ch. 16); and title II (except section 231) and title VI ($7,500,000) of the Higher Education Act; $72,224,000.</content> </appropriations> <appropriations level="small"> <heading>educational activities overseas (special foreign currency program)</heading> <content>For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the Office of Education, as authorized by law, $1,000,000, to remain available until expended: <proviso><i>Provided,</i> That this appropriation shall be available, in addition to other appropriations to such office, for payments in the foregoing currencies.</proviso></content> </appropriations> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For carrying out, to the extent not otherwise provided, the General <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221">20 USC 1221 note</ref>.</p></sidenote>Education Provisions Act, and the Cooperative Research Act, including rental of conference rooms in the District of Columbia, $114,400,000.</content> <page identifier="/us/stat/88/1643">88 <inline class="smallCaps">Stat.</inline> 1643</page> </appropriations> <appropriations level="small"> <heading>student loan insurance fund</heading> <content>For the Student Loan Insurance Fund authorized by the Higher Education Act of 1965, $115,000,000 to remain available until <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1001">20 USC 1001 note</ref>.</p></sidenote>expended.</content> </appropriations> <appropriations level="small"> <heading>higher education facilities loan and insurance fund</heading> <content>For the payment of such insufficiencies as may be required by the trustee on account of outstanding beneficial interest or participations in assets of the Office of Education authorized by the Department of Health, Education, and Welfare Appropriation Act, 1968, to be issued <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/81/390">81 Stat. 390</ref>.</p></sidenote>pursuant to section 302(c) of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1717 (c)), $2,701,000, to remain available until expended, and the Secretary is hereby authorized to make such expenditures, within the limits of funds available in the Higher Education Facilities Loan and Insurance Fund, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitation as provided by section 104 of the Government Corporation Control Act (31 U.S.C. 849) as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such fund: <proviso><i>Provided,</i> That loans may be made during the current fiscal year from the fund to the extent that amounts are available from commitments withdrawn prior to July 1, 1975, by the Commissioner of Education.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>National Institute of Education</heading> <appropriations level="small"> <heading>national institute of education</heading> <content>For carrying out section 405 of the General Education Provisions Act, including rental of conference rooms in the District of Columbia, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221e">20 USC 1221e</ref>.</p></sidenote>$70,000,000: <proviso><i>Provided,</i> That none of the funds appropriated under this heading may be used to award a grant or contract to any educational laboratory, research and development center, or any other project if any employee, of said laboratory, center, or project is compensated, directly or indirectly, in whole or in part from Federal funds at an annual salary in excess of the salary paid to the U.S. Commissioner of Education or the Director of the National Institute of Education.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Office of the Assistant Secretary for Education</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses to carry out section 402 of the General Education Provisions Act, $2,307,000.</content> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221b">20 USC 1221b</ref>.</p></sidenote> </appropriations> <appropriations level="small"> <heading>improvement of postsecondary education</heading> <content>For carrying Out, to the extent not otherwise provided section 404 of the General Education Provisions Act, $11,500,000.</content> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221d">20 USC 1221d</ref>.</p></sidenote> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Social and Rehabilitation Service</heading> <appropriations level="small"> <heading>public assistance</heading> <content><p class="indent0 firstIndent1 fontsize10">For carrying out, except as otherwise provided, titles I, IV, VI, X, XI, XIV, XVI, and XIX of the Social Security Act, and the Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s301">42 USC 301</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t24/s321">24 USC 321</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s620">42 USC 620</ref>.</p></sidenote>July 5, 1960 (24 U.S.C. ch. 9), $12,111,731,000, of which $50,000,000 shall be for child welfare services under part B of title IV.</p> <page identifier="/us/stat/88/1644">88 <inline class="smallCaps">Stat.</inline> 1644</page> <p class="indent0 firstIndent1 fontsize10">For making, after March 31 of the current fiscal year, payments to States under titles I, IV, VI, X, XIV, XVI, and XIX, respectively, <sidenote><ref href="/us/usc/t42/s301/601/801/1201/1351/1381/1396">42 USC 301, 601, 801, 1201, 1351, 1381, 1396</ref>.</sidenote>of the Social Security Act, for the last three months of the current fiscal year (except with respect to activities included in the appropriation for “Work incentives”); and for making, after April 30 of the current fiscal year, payments for the first quarter of the next succeeding fiscal year; such sums as may be necessary, the obligations incurred and the expenditures made thereunder for payments under each of such titles to be charged to the subsequent appropriations therefor for the current or succeeding fiscal year.</p> <p class="indent0 firstIndent1 fontsize10">In the administration of titles I, IV (other than part C thereof), VI, X, XIV, XVI, and XIX, respectively, of the Social Security Act, payments to a State under any such titles for any quarter in the period beginning April 1 of the prior year, and ending June 30 of the current year may be made with respect to a State plan approved under such title prior to or during such period, but no such payment shall be made with respect to any plan for any quarter prior to the quarter in which such plan was submitted for approval.</p> <p class="indent0 firstIndent1 fontsize10">Such amounts as may be necessary from this appropriation shall be available for grants to States for any period in the prior fiscal year subsequent to March 31 of that year.</p></content> </appropriations> <appropriations level="small"> <heading>work incentives</heading> <content>For carrying out a work incentive program, as authorized by part C <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s630">42 USC 630</ref>.</p></sidenote>of title IV of the Social Security Act, including registration of individuals for such program, and for related child care and other supportive <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s602">42 USC 602</ref>.</p></sidenote>services, as authorized by section 402(a) (19) (G) of the Act, including transfer to the Secretary of Labor, as authorized by section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s631">42 USC 631</ref>.</p></sidenote>431 of the Act, $210,000,000, which shall be the maximum amount available for transfer to the Secretary of Labor and to which the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s603">42 USC 603</ref>.</p></sidenote>States may become entitled pursuant to section 403(d) of such Act, for these purposes.</content> </appropriations> <appropriations level="small"> <heading>rehabilitation services</heading> <content>For carrying out, except as otherwise provided, the Rehabilitation <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s701">29 USC 701 note</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242a">42 USC 242a</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2101">22 USC 2101 note</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s730">29 USC 730</ref>.</p> <ref href="/us/usc/t29/s740/750">29 USC 740, 750</ref>.<p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s701">29 USC 701 note</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242a">42 USC 242a</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2101">22 USC 2101 note</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s730">29 USC 730</ref>.</p> <ref href="/us/usc/t29/s740/750">29 USC 740, 750</ref>.</sidenote>Act of 1973, section 303(a) (1) of the Public Health Service Act, and the International Health Research Act of 1960, $771,820,000; of which $680,000,000 shall be for activities under section 110 of the Rehabilitation Act of 1973; and of which $23,000,000 shall be for activities under sections 120 and 130 of the Rehabilitation Act of 1973.</content> </appropriations> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For expenses, not otherwise provided, necessary for the Social and Rehabilitation Service, $63,819,000, together with not to exceed $600,000 to be transferred from the Federal Disability Insurance Trust Fund, and the Federal Old-Age and Survivors Insurance Trust Fund, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401</ref>.</p></sidenote>as provided in section 201(g) (1) of the Social Security Act.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Social Security Administration</heading> <appropriations level="small"> <heading>payments to social security trust funds</heading> <content>For payment to the Federal Old-Age and Survivors Insurance, the Federal Disability Insurance, the Federal Hospital Insurance, and the Federal Supplementary Medical Insurance Trust Funds, as provided under sections 217(g), 228(g), 229(b), and 1844 of the Social <sidenote><ref href="/us/usc/t42/s417/428/429/1395w">42 USC 417, 428, 429, 1395w</ref>. <p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s426a/1395i-1">42 USC 426a, 1395i-1</ref>.</p></sidenote>Security Act, and sections 103(c) and 111(d) of the Social Security Amendments of 1965, $3,345,323,000.</content> <page identifier="/us/stat/88/1645">88 <inline class="smallCaps">Stat.</inline> 1645</page> </appropriations> <appropriations level="small"> <heading>special benefits for disabled coal miners</heading> <content><p class="indent0 firstIndent1 fontsize10">For carrying out title IV of the Federal Coal Mine Health and <sidenote><p class="firstIndent1 fontsize8">Black Lung benefits.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t30/s901">30 USC 901</ref>.</p></sidenote>Safety Act of 1969, including the payment of travel expenses either on an actual cost or commuted basis, to an individual for travel incident to medical examinations, and to parties, their representatives and all reasonably necessary witnesses for travel within the United States, Puerto Rico, and the Virgin Islands, to reconsideration interviews and to proceedings before administrative law judges, $876, 089,000: <proviso><i>Provided,</i> That such amounts as may be agreed upon by the Department of Health, Education, and Welfare and the Postal Service shall be used for payment, in such manner as said parties may jointly determine, of postage for the transmission of official mail matter by States in connection with the administration of said Act.</proviso></p> <p class="indent0 firstIndent1 fontsize10">Benefit payments after April 30: For making, after April 30 of the current fiscal year, payments to entitled beneficiaries under title IV of the Federal Coal Mine Health and Safety Act of 1969, for the last two months of the current fiscal year, such sums as may be necessary, the obligations and expenditures therefor to be charged to the appropriation for the succeeding fiscal year.</p> <p class="indent0 firstIndent1 fontsize10">Whenever the Commissioner of Social Security finds it will promote <sidenote><p class="firstIndent1 fontsize8">Hearings.</p></sidenote>the achievement of the provisions of title IV of the Federal Coal Mine Health and Safety Act of 1969, qualified persons may be appointed to conduct hearings thereunder without meeting the requirements for administrative law judges appointed under 5 U.S.C. 3105, but such appointments shall terminate not later than December 31, 1975: <proviso><i>Provided,</i> That no person shall hold a hearing in any case with which he has been concerned previously in the administration of such title.</proviso></p></content> </appropriations> <appropriations level="small"> <heading>supplemental security income program</heading> <content>For carrying out the Supplemental Security Income program under title XVI of the Social Security Act, section 401 of Public Law 92–603, <sidenote><ref href="/us/usc/t42/s1381/1382e">42 USC 1381, 1382e note</ref>. <p class="firstIndent1 fontsize8"><ref href="/us/stat/87/155">87 Stat. 155</ref>.</p></sidenote>and section 212 of Public Law 93–66, including payment to the social security trust funds for administrative expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $4,774,000,000: <proviso><i>Provided,</i> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401</ref>.</p></sidenote>That for carrying out these activities for the last two months of the current fiscal year, such sums as may be necessary shall be available, the obligations and expenditures therefor to be charged to the appropriation for the succeeding fiscal year.</proviso></content> </appropriations> <appropriations level="small"> <heading>limitation on salaries and expenses</heading> <content>For necessary expenses, not more than $2,004,729,000 may be expended as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to therein: <proviso><i>Provided,</i> That such amounts as are required shall be available to pay <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s421">42 USC 421 note</ref>.</p></sidenote>travel expenses either on an actual cost or commuted basis, to an individual for travel incident to medical examinations, and to parties, their representatives and all reasonably necessary witnesses for travel within the United States, Puerto Rico, and the Virgin Islands to reconsideration interviews and to proceedings before administrative law judges under titles II, XVI, and XVIII of the Social Security Act:</proviso> <proviso><i>Provided further,</i> That $25,000,000 of the foregoing amount shall <sidenote><ref href="/us/usc/t42/s401/1381/1395">42 USC 401, 1381, 1395</ref>.</sidenote>be apportioned for use pursuant to section 3679 of the Revised Statutes (31 U.S.C. 665), only to the extent necessary to process workloads not anticipated in the budget estimates and to meet mandatory increases in costs of agencies or organizations with which agreements have been made to participate in the administration of titles XVI and XVIII and section 221 of title II of the Social Security Act, and after <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s421">42 USC 421</ref>.</p></sidenote><page identifier="/us/stat/88/1646">88 <inline class="smallCaps">Stat.</inline> 1646</page>maximum absorption of such costs within the remainder of the existing limitation has been achieved:</proviso> <proviso><i>Provided further,</i> That such amounts as may be agreed upon by the Department of Health, Education, and Welfare and the United States Postal Service shall be used for payment, in such manner as said organizations may jointly determine, of postage for the transmission of official mail matter in connection with the administration of the social security program by States participating in the program:</proviso> <proviso><i>Provided further,</i> That such amounts as may be required may be expended for administration within the United States of the social insurance program of the United Kingdom, under terms of an agreement wherein similar services will be provided by the United Kingdom in that country for administration of the social insurance program of the United States.</proviso></content> </appropriations> <appropriations level="small"> <heading>limitation on construction</heading> <content>For acquisition of sites, construction and equipment of facilities and for payments of principal, interest, taxes, and any other obligations under contracts entered into pursuant to the Public Buildings <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s356">40 USC 356 note</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s603">40 USC 603 note</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401</ref>.</p></sidenote>Purchase Contract Act of 1954 and the Public Buildings Amendments of 1972, $8,232,000, to be expended as authorized by section 201 (g) (1) of the Social Security Act, from any one or all of the trust funds referred to therein, and to remain available until expended.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Special Institutions</heading> <appropriations level="small"> <heading>american printing house for the blind</heading> <content>For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101–105), $1,967,000.</content> </appropriations> <appropriations level="small"> <heading>national technical institute for the deaf</heading> <content>For carrying out the National Technical Institute for the Deaf Act (20 U.S.C. 681, et seq.), $9,819,000, of which $1,981,000 shall be for construction and shall remain available until expended.</content> </appropriations> <appropriations level="small"> <heading>gallaudet college</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dcc/t31/s1051">D.C. Code 31–1051 note</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/dcc/t31/s1025">D.C. Code 31–1025</ref>.</p></sidenote> <content>For carrying out the Model Secondary School for the Deaf Act (80 Stat. 1027) and for the partial support of Gallaudet College authorized by the Act of June 18, 1954, $27,543,000 of which $10,465,000 shall be for construction and shall remain available until expended: <proviso><i>Provided,</i> That if requested by the college, such construction shall be supervised by the General Services Administration.</proviso></content> </appropriations> <appropriations level="small"> <heading>howard university</heading> <content>For the partial support of Howard University, $79,650,000, of which $12,500,000 shall be for construction and shall remain available until expended: <proviso><i>Provided,</i> That if requested by the university, such construction shall be supervised by the General Services Administration.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Assistant Secretary for Human Development</heading> <appropriations level="small"> <heading>human development</heading> <content>For carrying out, except as otherwise provided, section 426 of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s626">42 USC 626</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3001">42 USC 3001 note</ref>.</p> <p class="firstIndent1 fontsize8"><i>Ante,</i> p. 4.</p></sidenote>Social Security Act, the Act of April 9, 1912 (42 U.S.C. 191), the Older Americans Act of 1965, and the Child Abuse Prevention and Treatment Act, $177,950,000.</content> <page identifier="/us/stat/88/1647">88 <inline class="smallCaps">Stat.</inline> 1647</page> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Office of the Secretary</heading> <appropriations level="small"> <heading>office for civil rights</heading> <content>For expenses necessary for the Office for Civil Rights $22,207,000, together with not to exceed $1,406,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401</ref>.</p></sidenote>any one or all of the trust funds referred to therein, which sum shall be available for expenditure to enforce any order, with respect to the desegregation of schools of a local educational agency, requiring the transportation of students from one school to another school only under the same circumstances and in the same manner whether the residence of the students of such school or the principal office of such local educational agency is situated in the northern, eastern, western, or southern part of the United States.</content> </appropriations> <appropriations level="small"> <heading>departmental management</heading> <content>For expenses, not otherwise provided, necessary for departmental management, including hire of six medium sedans, and for carrying out, to the extent not otherwise provided, section 1110 of the Social Security Act, $82,722,000 together with not to exceed $8,226,000 to be <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1310">42 USC 1310</ref>.</p></sidenote>transferred and expended as authorized by section 201(g)(1) of the Social Security Act from any one or all of the trust funds referred to therein; and not to exceed $29,000 to be transferred from “Revolving fund for certification and other services,” Food and Drug Administration.</content> </appropriations> </appropriations> </appropriations> <section> <heading class="smallCaps centered">General Provisions</heading> <num value="201"><inline class="smallCaps">Sec.</inline> 201. </num><content>None of the funds appropriated by this title to the Social <sidenote><p class="firstIndent1 fontsize8">Withholding of funds, restriction.</p></sidenote>and Rehabilitation Service for grants-in-aid of State agencies to cover, in whole or in part, the cost of operation of said agencies, including the salaries and expenses of officers and employees of said agencies, shall be withheld from the said agencies of any States which have established by legislative enactment and have in operation a merit system and classification and compensation plan covering the selection, tenure in office, and compensation of their employees, because of any disapproval of their personnel or the manner of their selection by the agencies of the said States, or the rates of pay of said officers or employees.</content> </section> <section class="firstIndent1 fontsize10"><num value="202"><inline class="smallCaps">Sec.</inline> 202. </num><content>The Secretary is authorized to make such transfers of <sidenote><p class="firstIndent1 fontsize8">Motor vehicles, transfer.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3508">42 USC 3508</ref>.</p></sidenote>motor vehicles, between bureaus and officers, without transfer of funds, as may be required in carrying out the operations of the Department.</content></section> <section class="firstIndent1 fontsize10"><num value="203"><inline class="smallCaps">Sec.</inline> 203. </num><content>None of the funds provided herein shall be used to pay any recipient of a grant for the conduct of a research project an amount equal to as much as the entire cost of such project.</content></section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec.</inline> 204. </num><content>None of the funds contained in this Act shall be used for <sidenote><p class="firstIndent1 fontsize8">Research grants.</p></sidenote>any activity the purpose of which is to require any recipient of any project grant for research, training, or demonstration made by any officer or employee of the Department of Health, Education, and Welfare to pay to the United States any portion of any interest or other income earned on payments of such grant made before July 1, 1964; nor shall any of the funds contained in this Act be used for any activity the purpose of which is to require payment to the United States of any portion of any interest or other income earned on payments made before July 1, 1964, to the American Printing House for the Blind.</content></section> <page identifier="/us/stat/88/1648">88 <inline class="smallCaps">Stat.</inline> 1648</page> <sidenote><p class="firstIndent1 fontsize8">Expenditures subject to audit.</p></sidenote> <section class="firstIndent1 fontsize10"><num value="205"><inline class="smallCaps">Sec.</inline> 205. </num><content>Funds appropriated under this title to the American Printing House for the, Blind, Howard University, the National Technical Institute for the Deaf, the Model Secondary School for the Deaf, and Gallaudet College shall be awarded to these institutions in the form of lump-sum grants and expenditures made therefrom shall be subject to audit by the Secretary of Health, Education, and Welfare.</content></section> <sidenote><p class="firstIndent1 fontsize8">Federal positions in Washington area.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec.</inline> 206. </num><content>None of the funds contained in this title shall be available for additional permanent Federal positions in the Washington area if the proportion of additional positions in the Washington area in relation to the total new positions is allowed to exceed the proportion existing at the close of fiscal year 1966.</content> </section> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec.</inline> 207. </num><content>Appropriations in this Act for the Health Services Administration, the National Institutes of Health, the Center for Disease Control, the Alcohol. Drug Abuse, and Mental Health Administration, the Health Resources Administration and the Office of the Secretary shall be available for expenses for active commissioned officers in the Public Health Service Reserve Corps and for not to exceed two thousand eight hundred commissioned officers in the Regular Corps; expenses incident to the dissemination of health information in foreign countries through exhibits and other appropriate means; advances of funds for compensation, travel, and subsistence expenses (or per diem in lieu thereof) for persons coming from abroad to participate in health or scientific activities of the Department pursuant to law; expenses of primary and secondary schooling of dependents in foreign countries, of Public Health Service commissioned officers stationed in foreign countries, at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools available in the locality are unable to provide adequately for the education of such dependents, and for the transportation of such dependents between such schools and their places of residence when the schools are not accessible to such dependents by regular means of transportation; rental or lease of living quarters (for periods not exceeding 5 years), and provision of heat, fuel, and light, and maintenance, improvement, and repair of such quarters, and advance payments therefor, for civilian officers and employees of the Public Health Service who are United States citizens and who have a permanent station in a foreign country: purchase, erection, and maintenance of temporary or portable structures; and for the payment of compensation to consultants <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s209">42 USC 209</ref>.</p></sidenote>or individual scientists appointed for limited periods of time pursuant to section 207(f) or section 207(g) of the Public Health Service Act, at rates established by the Assistant Secretary for Health, or the Secretary where such action is required by statute, not to exceed the per <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p> <p class="firstIndent1 fontsize8">Forced student busing.</p></sidenote>diem rate equivalent to the rate for GS-18.</content> </section> <section class="firstIndent1 fontsize10"> <num value="208"><inline class="smallCaps">Sec.</inline> 208. </num><content>No part of the funds contained in this title may be used to force any school or school district which is desegregated as that term is defined in title IV of the Civil Rights Act of 1964. Public Law <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2000c">42 USC 2000c</ref>.</p></sidenote>88–352, to take any action to force the busing of students; to force on account of race, creed, or color the abolishment of any school so desegregated; or to force the transfer or assignment of any student attending any elementary or secondary school so desegregated to or from a particular school over the protest of his or her parents or parent.</content> </section> <section class="firstIndent1 fontsize10"><num value="209"><inline class="smallCaps">Sec.</inline> 209. </num><subsection class="inline"><num value="a">(a) </num><content>No part of the funds contained in this title shall be used to force any school or school district which is desegregated as that term is defined in title IV of the Civil Rights Act of 1964, Public Law 88–352, to take any action to force the busing of students; to require the abolishment of any school so desegregated; <page identifier="/us/stat/88/1649">88 <inline class="smallCaps">Stat.</inline> 1649</page>or to force on account of race, creed, or color the transfer of students to or from a particular school so desegregated as a condition precedent to obtaining Federal funds otherwise available to any State, school district, or school.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num> <content><p class="indent0 firstIndent1 fontsize10">No funds appropriated in this Act may be used for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system.</p> <p class="indent0 firstIndent1 fontsize10">This title may be cited as the “<shortTitle role="title">Department of Health, Education, <sidenote><p class="firstIndent1 fontsize8">Citation of title.</p></sidenote>and Welfare Appropriation Act, 1975.</shortTitle>”</p></content> </subsection></section> <num value="III">TITLE III—</num><heading class="inline">RELATED AGENCIES</heading> <appropriations level="intermediate"> <heading>Action</heading> <appropriations level="small"> <heading>operating expenses, domestic programs</heading> <content>For expenses necessary for Action to carry out the provisions of the Domestic Volunteer Service Act of 1973 (Public Law 93–113), $100,000,000.</content> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4951">42 USC 4951 note</ref>.</p></sidenote> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Corporation for Public Broadcasting</heading> <appropriations level="small"> <heading>payment to the corporation for public broadcasting</heading> <content>To enable the Department of Health, Education, and Welfare to make payment to the Corporation for Public Broadcasting, as authorized by section 396(k)(1) of the Communications Act of 1934, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t47/s396">47 USC 396</ref>.</p></sidenote>amended, for expenses of the Corporation, $57,000,000, to remain available until expended: <proviso><i>Provided,</i> That in addition, there is appropriated in accordance with the authorization contained in section 396(k)(2) of such Act, to remain available until expended, amounts equal to the amount of total grants, donations, bequests or other contributions (including money and the fair market value of any property) from non-Federal sources received by the Corporation during the current fiscal year, but not to exceed a total of $5,000,000.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Federal Mediation and Conciliation Service</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For expenses necessary for the Federal Mediation and Conciliation Service to carry out the functions vested in it by the Labor-Management Relations Act, 1947 (29 U.S.C. 171–180, 182), including expenses of the Labor-Management Panel and boards of inquiry appointed by the President; hire of passenger motor vehicles; and rental of conference rooms in the District of Columbia; $15,521,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>National Commission on Libraries and Information Science</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses of the National Commission on Libraries and Information Science, established by the Act of July 20, 1970 (Public Law 91–345), $409,000.</content> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t202/s1501">20 USC 1501 note</ref>.</p></sidenote> <page identifier="/us/stat/88/1650">88 <inline class="smallCaps">Stat.</inline> 1650</page> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>National Labor Relations Board</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For expenses necessary for the National Labor Relations Board to carry out the functions vested in it by the Labor-Management Relations Act, 1947, as amended (29 U.S.C. 141–167), and other laws $60,980,000: <proviso><i>Provided,</i> That no part of this appropriation shall be available to organize or assist in organizing agricultural laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), and as amended by the Labor-Management Relations Act, 1947, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s141">29 USC 141</ref>.</p></sidenote>amended, and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C. 203), and including in said definition employees engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, nonprofit basis and at least 95 per centum of the water stored or supplied thereby is used for farming purposes</proviso>.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>National Mediation Board</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For expenses necessary for carrying out the provisions of the Railway Labor Act, as amended (45 U.S.C. 151–188), including emergency boards appointed by the President, $3,186,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Occupational Safety and Health Review Commission</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For expenses necessary for the Occupational Safety and Health Review Commission, $5,512,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Railroad Retirement Board</heading> <appropriations level="small"> <heading>payments for military service credits</heading> <content>For payments to the railroad retirement account for military service credits under the Railroad Retirement Act, as amended (45 U.S.C. 228c-1), $3,516,000.</content> </appropriations> <appropriations level="small"> <heading>limitation on salaries and expenses</heading> <content>For expenses necessary for the Railroad Retirement Board, $24,336,000, to be derived from the railroad retirement accounts: <proviso><i>Provided,</i> That $500,000 of the foregoing amount shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), only to the extent necessary to process workloads not anticipated in the budget estimates and after maximum absorption of the costs of such workloads within the remainder of the foregoing limitation has been achieved:</proviso> <proviso><i>Provided further,</i> That notwithstanding any other provision in law, no portion of this limitation shall be available for payments of standard level user charges pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490 (j))</proviso>.</content> <page identifier="/us/stat/88/1651">88 <inline class="smallCaps">Stat.</inline> 1651</page> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Soldiers’ and Airmen’s Home</heading> <appropriations level="small"> <heading>operation and maintenance</heading> <content>For maintenance and operation of the United States Soldiers’ and Airmen’s Home, to be paid from the Soldiers’ and Airmen’s Home permanent fund, $14,505,000: <proviso><i>Provided,</i> That this appropriation shall not be available for the payment of hospitalization of members of the Home in United States Army hospitals at rates in excess of those prescribed by the Secretary of the Army upon recommendation of the Board of Commissioners of the Home and the Surgeon General of the Army.</proviso></content> </appropriations> </appropriations> <num value="IV">TITLE IV—</num><heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"><num value="401"><inline class="smallCaps">Sec.</inline> 401. </num><content>Appropriations contained in this Act, available for salaries <sidenote><p class="firstIndent1 fontsize8">Experts and consultants.</p></sidenote>and expenses, shall be available for services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18.</content> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p> <p class="firstIndent1 fontsize8">Uniform allowances.</p></sidenote></section> <section class="firstIndent1 fontsize10"><num value="402"><inline class="smallCaps">Sec.</inline> 402. </num><content>Appropriations contained in this Act available for salaries and expenses shall lie available for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901–5902).</content></section> <section class="firstIndent1 fontsize10"><num value="403"><inline class="smallCaps">Sec.</inline> 403. </num><content>Appropriations contained in this Act available for salaries <sidenote><p class="firstIndent1 fontsize8">Meetings.</p></sidenote>and expenses shall be available for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or management of those functions or activities.</content></section> <section class="firstIndent1 fontsize10"><num value="404"><inline class="smallCaps">Sec.</inline> 404. </num><content>No part of any appropriation contained in this Act shall <sidenote><p class="firstIndent1 fontsize8">Fiscal year limitation.</p></sidenote>remain available for obligation beyond the current fiscal year unless expressly so provided herein.</content></section> <section class="firstIndent1 fontsize10"> <num value="405"><inline class="smallCaps">Sec.</inline> 405. </num><content>No part of any appropriation contained in this Act shall be used to finance any Civil Service Interagency Board of Examiners.</content> </section> <section class="firstIndent1 fontsize10"> <num value="406"><inline class="smallCaps">Sec.</inline> 406. </num><content>No part of the funds appropriated under this Act shall <sidenote><p class="firstIndent1 fontsize8">Funds to campus disrupters, prohibition.</p></sidenote>be used to provide a loan, guarantee of a loan, a grant, the salary of or any remuneration whatever to any individual applying for admission, attending, employed by, teaching at, or doing research at an institution of higher education who has engaged in conduct on or after August 1, 1969, which involves the use of (or the assistance to others in the use of) force or the threat of force or the seizure of property under the control of an institution of higher education, to require or prevent the availability of certain curriculum, or to prevent the faculty, administrative officials, or students in such institution from engaging in their duties or pursuing their studies at such institution.</content></section> <section class="firstIndent1 fontsize10"><num value="407"><inline class="smallCaps">Sec.</inline> 407. </num><content>The Secretary of Labor and the Secretary of Health, Education, <sidenote><p class="firstIndent1 fontsize8">Transfer of funds.</p></sidenote>and Welfare are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act: <proviso><i>Provided,</i> That such transferred balances are used for the same purpose, and for the same periods of time, for which they were originally appropriated.</proviso></content></section> <section class="firstIndent1 fontsize10"><num value="408"><inline class="smallCaps">Sec.</inline> 408. </num><content>Funds contained in this Act used to pay for contract services <sidenote><p class="firstIndent1 fontsize8">Fiscal year limitation.</p></sidenote>by profitmaking consultant firms or to support consultant appointments shall not exceed the fiscal year 1973 level: <proviso><i>Provided,</i> That obligations made from funds contained in this Act for consultant fees and services to any individual or group of consulting firms on any one project in excess of $25,000 shall be reported to the Senate and House of Representatives at least twice annually.</proviso></content></section> <section class="firstIndent1 fontsize10"><num value="409"><inline class="smallCaps">Sec.</inline> 409. </num><content>No part of any appropriation contained in this Act shall <sidenote><p class="firstIndent1 fontsize8">Funds restriction.</p></sidenote>be used, other than for normal and recognized executive-legislative <page identifier="/us/stat/88/1652">88 <inline class="smallCaps">Stat.</inline> 1652</page>relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit. pamphlet, booklet, publication, radio, television or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself.</content></section> <sidenote><p class="firstIndent1 fontsize8">GSA, space and services.</p></sidenote> <section class="firstIndent1 fontsize10"><num value="410"><inline class="smallCaps">Sec.</inline> 410. </num><content>No part of any appropriation contained in tins Act shall be available for paying to the Administrator of the General Services Administration in excess of 90 percent of the standard level user charge established pursuant to section 210(j) of the Federal Property <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s490">40 USC 490</ref>.</p></sidenote>and Administrative Services Act of 1949, as amended, for space and services.</content></section> <sidenote><p class="firstIndent1 fontsize8">Official receptions.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="411"><inline class="smallCaps">Sec.</inline> 411. </num><content>The Secretary of Labor and the Secretary of Health, Education, and Welfare are each authorized to make available not to exceed $7,500 from funds available for salaries and expenses under <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1634, 1637.</p> <p class="firstIndent1 fontsize8">Research programs.</p></sidenote>titles I and II, respectively, for official reception and representation expenses.</content> </section> <section class="firstIndent1 fontsize10"> <num value="412"><inline class="smallCaps">Sec.</inline> 412. </num><content><p class="indent0 firstIndent1 fontsize10">None of the funds appropriated by this Act shall be used to pay for any research program or project or any program, project, or course which is of an experimental nature, or any other activity involving human participants, which is determined by the Secretary or a court of competent jurisdiction to present a danger to the physical, mental, or emotional well-being of a participant or subject of such program, project, or course, without the written, informed consent of each participant or subject, or his parents or legal guardian, if such <sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote>participant or subject is under eighteen years of age. The Secretary shall adopt appropriate regulations respecting this section.</p> <sidenote><p class="firstIndent1 fontsize8">Short title.</p></sidenote> <p class="indent0 firstIndent1 fontsize10">This Act may be cited as the “<shortTitle role="act">Departments of Labor, and Health, Education, and Welfare Appropriation Act, 1975</shortTitle>”.</p></content></section> Approved December 7, 1974.
Public Law 93–518: To amend the Farm Labor Contractor Registration Act of 1963 to provide for the extension of coverage and to further effectuate the enforcement of such Act. Public Law 518 Public Law 93–518 88 Stat. 1652 1974-12-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–518 93rd Congress
AN ACT To amend the Farm Labor Contractor Registration Act of 1963 to provide for the extension of coverage and to further effectuate the enforcement of such Act.

December 7, 1974

[S. 3202]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) this Act

Farm Labor Contractor Registration Act Admendments of 1974.

may be cited as the “Farm Labor Contractor Registration Act Amendments of 1974”.

7 USC 2041 note.

 (b) Unless the context otherwise requires, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision the reference shall be considered to be made to a section or other provision of the Farm Labor Contractor Registration Act of 1963 (7 U.S.C. 2041 et seq.).

7 USC 2042.
Sec. 2. Section 3 of the Act is amended by striking out the word “interstate” each place where it appears therein. The first sentence of section 3(b) is amended to delete therefrom the phrase “ten or more” and the phrase “at any one time in any calendar year”. The second sentence of section 3(b) is amended to read as follows: “Such term shall not include— “(1) any nonprofit charitable organization, public or nonprofit private educational institution, or similar organization; 88 Stat. 1653 “(2) any farmer, processor, canner, ginner, packing shed operator, or nurseryman who personally engages in any such activity for the purpose of supplying migrant workers solely for his own operation; “(3) any full-time or regular employe of any entity referred to in (1) or (2) above who engages in such activity solely for his employer on no more than an incidental basis; “(4) any person who engages in any such activity (A) solely within a twenty-five mile intrastate radius of his permanent place of residence and (B) for not more than thirteen weeks per year; “(5) any person who engages in any such activity for the purpose of obtaining migrant workers of any foreign nation for employment in the United States if the employment is subject to— “(A) an agreement between the United States and such foreign nation; or “(B) an arrangement with the government of any foreign nation under which written contracts for the employment of such workers are provided for and the enforcement thereof is provided for through the United States by an instrumentality of such foreign nation; “(6) any full-time or regular employee of any person holding a certificate of registration under this Act; or “(7) any common carrier or any full-time regular employee thereof engaged solely in the transportation of migrant workers.”
Sec. 3. Section 3(d) of the Act is amended to read as follows:

7 USC 2042.

“Agricultural employment.”

 “(d) The term ‘agricultural employment’ means employment in any service or activity included within the provisions of section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), or section 3121(g) of the Internal Revenue Code of 1954 (26 U.S.C. 3121(g)) and the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage or any agricultural or horticultural commodity in its unmanufactured state.”.
Sec. 4. Section 4 of the Act is amended by adding at the end thereof

7 USC 2043.

the following new subsections: “(c) No person shall engage the services of any farm labor contractor

Certificate of registration.

to supply farm laborers unless he first determines that the farm labor contractor possesses a certificate from the Secretary that is in full force and effect at the time he contracts with the farm labor contractor. “(d) Upon determination by the Secretary that any person knowingly has engaged the services of any farm labor contractor who does not possess such certificate as required by subsection (c) of this section, the Secretary is authorized to deny such person the facilities and services authorized by the Act of June 6, 1933 (48 Stat. 113; 29 U.S.C. 49 et seq.), commonly referred to as the Wagner-Peyser Act, for a period of up to three years.”.
Sec. 5. Section 5(a) is amended by—

7 USC 2044.

 (1) striking the word “and” after paragraph (2), (2) striking the period at the end of paragraph (3) and inserting in lieu thereof a semicolon, and (3) adding the following new paragraphs: “(4) has filed, under such terms as the Secretary may prescribe,

Filing of statement.

a statement identifying each vehicle to be used by the applicant for the transportation of migrant workers, and all real property to be used by the applicant for the housing of migrant 88 Stat. 1654workers, during the period for which registration is sought, along with proof that every such vehicle and all such housing currently conform to all applicable Federal and State safety and health standards to the extent that such vehicle and all such housing are under the applicant’s ownership or control; and “(5) has consented to designation of the Secretary as the agent available to accept service of summons in any action against such farm labor contractor at any and all times during which such farm labor contractor has departed from the jurisdiction in which such action is commenced or otherwise has become unavailable to accept service, under such terms and conditions as are set by the court in which such action has been commenced.”.

Insurance coverage.

7 USC 2044.
Sec. 6. Section 5(a)(2) is amended by striking the second sentence and inserting in lieu thereof the following: “In no event shall the amount of such insurance be less than the amount currently applicable to vehicles used in the transportation of passengers in interstate commerce

49 USC prec. 1 note.

under the Interstate Commerce Act and regulations promulgated pursuant thereto, or amounts offering comparable protection to persons or property from damages arising out of the applicant’s ownership of, operation of, or his causing to be operated any vehicle

Regulations.

as provided herewith: Provided, That the Secretary shall have the discretion to issue regulations requiring insurance in the highest amounts feasible which are less than the amounts currently applicable to vehicles used in the transportation of passengers in interstate commerce under the Interstate Commerce Act and regulations promulgated pursuant thereto, if the Secretary, after due and careful consideration, determines that the insurance coverage in such amounts is not available to farm labor contractors in the same manner and in the same amounts as such coverage is available to other carriers used to transport passengers in interstate commerce;”.

Denial or revocation of certificate.
Sec. 7. Section 5(b) is amended by— (1) striking “or” at the end of paragraph (9); (2) striking the period at the end of paragraph (10) and inserting a semicolon in lieu thereof; and (3) adding after paragraph (10) the following new paragraphs: “(11) is not in fact the real party in interest m any such application or certificate of registration and that the real party in interest is a person, firm, partnership, association, or corporation who previously has been denied a certificate of registration, has had a certificate of registration suspended or revoked, or who does not presently qualify for a certificate or registration; or “(12) has used a vehicle for the transportation of migrant workers, or has used real property for the housing of migrant workers, while such vehicle or real property failed to conform to all applicable Federal and State safety and health standards, to the extent any such vehicle or real property has come within the ownership or control of such farm labor contractor.” (4) striking “or prostitution”, at the end of paragraph (7) and adding in lieu thereof the following: “prostitution, or peonage; where the date of the judgment of conviction of any crime as specified herein has been entered within a period of five years preceding the action of the Secretary under this subsection”; 88 Stat. 1655 (5) striking all after the word “utilized” in paragraph (6) and inserting in lieu thereof the following: “, with knowledge, the services of any person, who is an alien not lawfully admitted for permanent residence, or who has not been authorized by the Attorney General to accept employment;”.
Sec. 8. Section 5 is amended by adding at the end thereof the

7 USC 2044.

following new subsection: “(d) Persons issued a certificate of registration under this section shall provide the Secretary a notice of each and every address change within ten days after such change. The Secretary shall maintain a

Public central registry.

public central registry of all persons issued certificates of registration under this section. Persons issued a certificate of registration under this section shall provide to the Secretary documentation required under section 5(a) (4) of the Act applicable to any vehicle which the applicant obtains for use in the transportation of migrant workers and any real property which the applicant obtains or learns will be used for the housing of migrant workers during the period for which the certificate of registration is issued, within ten days after he obtains or learns of the intended use of such vehicle or real property, to the extent that such vehicle or such real property is under the ownership of control of such persons who have been issued certificates of registration.”.
Sec. 9. Section 6(a) of the Act is amended by inserting immediately

7 USC 2045.

before the semicolon at the end thereof the following: “and shall be denied the facilities and services authorized by the Act of June 6, 1933 (29 U.S.C. 49 et seq.). upon refusal or failure to exhibit the same”.
Sec. 10. Section 6(b) of the Act is amended by striking the word

Disclosure of information.

“and” before paragraph (5) and by striking the semicolon at the end of paragraph (5) and adding at the end thereof the following: “(6) the period of employment, (7) the existence of a strike or other concerted stoppage, slowdown, or interruption of operations by employees at a place of contracted employment, and (8) the existence of any arrangements with any owner, proprietor, or agent of any commercial or retail establishment in the area of employment under which he is to receive a commission or any other benefit resulting from any sales provided to such commercial or retail establishment from the migrant workers whom he recruits. The disclosure required under this subsection shall be in writing in a language in which the worker is fluent, and written in a manner understandable by such workers on such forms and under such terms and conditions as the Secretary shall prescribe.”
Sec. 11. (a) Section 6 is amended by— (1) striking “and” after paragraph (d), (2) striking the period at the end of paragraph (e) and inserting in lieu thereof a semicolon, and (3) adding at the end thereof the following new paragraphs: “(f) refrain from recruiting, employing, or utilizing, with

Aliens, employment, prohibition.

knowledge, the services of any person, who is an alien not lawfully admitted for permanent residence or who has not been authorized by the Attorney General to accept employment; “(g) promptly pay or contribute when due to the individuals entitled thereto alt moneys or other things of value entrusted to the farm labor contractor by any farm operator for such purposes; and 88 Stat. 1656 “(h) refrain from requiring any worker to purchase any goods solely from such farm labor contractor or any other person.”

7 USC 2045.

 (b) Section 6(e) of the Act is amended by striking “interstate” each time it appears.

Information, availability.

 (c) Section 6(e) of the Act is further amended by striking the last sentence and substituting the following: “He shall additionally provide to the person to whom any migrant worker is furnished all information and records required to be kept by such contractor under this subsection, and all information required to be provided to any migrant worker under this subsection. The Secretary may prescribe appropriate forms for the recording of information required by this subsection;”.

7 USC 2041.

 (d) Section 2(b) of the Act is amended by striking the word “interstate” the second time it appears.

Hearing or investigations.

7 USC 2046.
Sec. 12. Section 7 is amended by adding at the end thereof the following: “The Secretary may issue subpenas requiring the attendance, and testimony of witnesses or the production of any evidence in connection with such investigations. The Secretary may administer oaths and affirmations, examine witnesses, and receive evidence. For the purpose of any hearing or investigation provided for in this chapter, the provisions of sections 9 and 10 of the Federal Trade Commission Act of September 16, 1914 (15 U.S.C. 49. 50) (relating to the attendance of witnesses and the production of books, papers, and documents), are made applicable to the jurisdiction, powers, and duties of the Secretary. The Secretary shall conduct investigations in a manner which protects the confidentiality of any complainant or other party who provides information to the Secretary with respect to which the Secretary commences an investigation. The Secretary shall monitor and investigate activities of farm labor contractors in such manner as is necessary to enforce the provisions of this Act.”.

Penalties.

7 USC 2048.
Sec. 13. Section 9 of the Act is amended by inserting the subsection designation “(a)” at the beginning thereof; by striking out “or any regulation prescribed hereunder”: and by striking the period at the end thereof and adding the following: “, sentenced to a prison term not to exceed one year, or both, and upon conviction for any subsequent violation, shall be punishable by a tine not to exceed $16,000 or sentenced

Annual report.

to a prison term not to exceed three years, or both. The Secretary shall report on enforcement of the provisions of this Act in the annual report of the Secretary required pursuant to section 9 of the Act entitled ‘An Act to create a Department of Labor’, approved March 4, 1913 (37 Stat. 738, 29 U.S.C. 560). The reporting hereunder shall include, but shall not be limited to, a description of efforts to monitor and investigate the activities of farm labor contractors, the number of persons to whom certificates of registration have been issued, the number of complaints of violation received by the Secretary and their disposition, and the number and nature of any sanctions imposed.

Penalty.

 “(b)(1) Any person who commits a violation of this Act or any regulations promulgated under this Act. may be assessed a civil money penalty of not more than $1,000 for each violation. The penalty shall lie assessed by the Secretary upon written notice, under the procedures set forth herein. 88 Stat. 1657 “(2) The person assessed shall be afforded an opportunity for agency

Hearing.

hearing, upon request made within thirty days after the date of issuance of the notice of assessment. In such hearing, all issues shall be determined on the record pursuant to section 554 of title 5, United States Code. The agency determination shall be made by final order subject to review only as provided in paragraph (3). If no hearing is requested as herein provided, the assessment shall constitute a final and unappealable order. “(3) Any person against whom an order imposing a civil money

Judicial review.

penalty has been entered after an agency hearing under this section may obtain review by the United States district court for any district in which he is located or the United States District Court for the District of Columbia by filing a notice of appeal in such court within thirty days from the date of such order, and simultaneously sending a copy of such notice by registered mail to the Secretary. The Secretary shall promptly certify and file in such court the record upon which the penalty was imposed. The findings of the Secretary shall be set aside if found to be unsupported by substantial evidence as provided by section 706(2) (E) of title 5, United States Code. “(4) If any person fails to pay an assessment after it has become

Assessments, recovery.

a final and unappealable order, or after the court has entered final judgment in favor of the agency, the Secretary shall refer the matter to the Attorney General, who shall recover the amount assessed by action in the appropriate United States district court. In such action the validity and appropriateness of the final order imposing the penalty shall not be subject to review. “(5) All penalties collected under authority of this section shall be paid into the Treasury of the United States. “(c) Notwithstanding subsections (a) and (b) of this section, any

Penalty.

farm labor contractor who commits a violation of subsection 6(f) of the Act or any regulations promulgated thereunder shall upon

Ante, p. 1655.

conviction be fined not to exceed $10,000 or sentenced to a prison term not to exceed three years, or both, if the person committing such violation has failed to obtain a certificate or registration pursuant to this Act or is one whose certificate has been suspended or revoked by the Secretary.”
Sec. 14. (a) The Farm Labor Contractor Registration Act of 1963 is amended by redesignating sections 12, 13, and 14 thereof as sections

7 USC 2051-2053.

15, 16, and 17, respectively, and by inserting after section 11 the following:
“civil relief “Sec. 12. (a) Any person claiming to be aggrieved by the violation

7 USC 2050a.

of any provision of this Act or any regulation prescribed hereunder may file suit in any district court of the United States having jurisdiction of the parties without respect to the amount in controversy or without regard to the citizenship of the parties and without regard to exhaustion of any alternative administrative remedies provided herein. “(b) Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the 88 Stat. 1658

Damages.

action. If the court finds that the respondent has intentionally violated any provision of this Act or any regulation prescribed hereunder, it may award damages up to and including an amount equal to the amount of actual damages, or $500 for each violation, or other equitable relief. Any civil action brought under this section shall be subject

28 USC 1291.

to appeal as provided in chapter 83 of title 28, United States Code.

Injunction.

 “(c) If upon investigation the Secretary determines that the provisions of this Act have been violated, he may petition any appropriate district court of the United States for temporary or permanent injunctive relief. “(d) Except as provided in section 518(a) of title 28, United States Code, relating to litigation before the Supreme Court, the Solicitor of Labor may appear for and represent the Secretary in any civil litigation brought under this Act but all such litigation shall be subject to the direction and control of the Attorney General.
“discrimination prohibited

7 USC 2050b.

 “Sec. 13. (a) No person shall intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate against any migrant worker because such worker has, with just cause, filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify in any such proceedings or because of the exercise, with just cause, by such worker on behalf of himself or others of any right or protection afforded by this Act. “(b) Any worker who believes, with just cause, that he has been discriminated against by any person in violation of this section may, within one hundred eighty days after such violation occurs, file a complaint with the Secretary alleging such discrimination. Upon receipt of such complaint, the Secretary shall cause such investigation to be made as he deems appropriate. If upon such investigation, the Secretary determines that the provisions of this section have been violated, he shall bring an action in any appropriate United States district court against such person. In any such action, the United States district courts shall have jurisdiction, for cause shown, to restrain violation of subsection (a) and order all appropriate relief including rehiring or reinstatement of the worker, with back pay, or damages.
“recordkeeping

7 USC 2050c.

 “Sec. 14. Any person who is furnished any migrant worker by a farm labor contractor shall maintain all payroll records required to be kept by such person under Federal law, and with respect to migrant workers paid by a farm labor contractor such person shall also obtain from the contractor and maintain records containing the information required to be provided to him by the contractor under section 6(e) of the Act.”

7 USC 2045.
Sec. 15. The Act is amended by addition at the end thereof of the following new sections:
“waiver of rights

7 USC 2054.

 “Sec. 18. Any agreement by an employee purporting to waive or to modify his rights hereunder shall be void as contrary to public policy, except a waiver or modification of rights or obligations hereunder in favor of the Secretary shall be valid for purposes of enforcement of the provisions of the Act.
88 Stat. 1659
“authorization of appropriations “Sec. 19. There are authorized to be appropriated to carry out the

7 USC 2055.

purposes of this Act such sums as may be necessary for the effective enforcement of this Act.”
Sec. 16. Section 17 of the Act (as redesignated by this Act) is

7 USC 2053.

amended by striking “of sections 4, 5, 6, and 8”.
Approved December 7, 1974.
Public Law 93–519: To amend section 2 of title 14, United States Code, to authorize icebreaking operations in foreign waters pursuant to international agreements, and for other purposes. Public Law 519 Public Law 93–519 88 Stat. 1659 1974-12-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–519 93rd Congress
AN ACT To amend section 2 of title 14, United States Code, to authorize icebreaking operations in foreign waters pursuant to international agreements, and for other purposes.

December 13, 1974

[S. 3308]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 2 of

Coast Guard.

Icebreaking operations.

title 14, United States Code, is hereby amended by inserting the words “shall, pursuant to international agreements, develop, establish, maintain, and operate icebreaking facilities on, under, and over waters other than the high seas and waters subject to the jurisdiction of the United States;” immediately before the words “shall engage in oceanographic research”.
Approved December 13, 1974.
Public Law 93–520: To extend for one year the time for entering into a contract under section 106 of the Water Resources Development Act of 1974. Public Law 520 Public Law 93–520 88 Stat. 1659 1974-12-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–520 93rd Congress
AN ACT To extend for one year the time for entering into a contract under section 106 of the Water Resources Development Act of 1974.

December 13, 1974

[S. 3546]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 106 of the Water Resources Development Act of 1974 (Public Law 93–251)

Ante, p. 42.

is amended by striking out “June 1, 1974” and inserting in lieu thereof “June 1, 1975”.
Approved December 13, 1974.
Public Law 93–521: To provide that Mansfield Lake, Indiana, shall be known as “Cecil M. Harden Lake”. Public Law 521 Public Law 93–521 88 Stat. 1659 1974-12-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–521 93rd Congress
AN ACT To provide that Mansfield Lake, Indiana, shall be known as “Cecil M. Harden Lake”.

December 14, 1974

[S. 1561]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That Mansfield

Mansfield Lake, Ind.

Name change.

Lake, Indiana, created under authority of the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved June 28, 1938 (52 Stat. 1215, as amended and supplemented) shall be known

33 USC 701b.

and designated hereafter as “Cecil M. Harden Lake”. Any law, regulation, map, document, or record of the United States in which such lake is referred to shall be held to refer to such lake as Cecil M. Harden Lake.
Approved December 14, 1974.
Public Law 93–522: To authorize the continued use of certain lands within the Sequoia National Park by portions of an existing hydroelectric project. Public Law 522 Public Law 93–522 88 Stat. 1660 1974-12-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1660 Public Law 93–522 93rd Congress
JOINT RESOLUTION To authorize the continued use of certain lands within the Sequoia National Park by portions of an existing hydroelectric project.

December 14, 1974

[H. J. Res. 444]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary of the

Sequoia National Park, Calif.

Hydroelectric project permit.

16 USC 45a–1 note.

Interior is hereby authorized to issue a permit to occupy and use lands of the United States within Sequoia National Park necessary for the continued operation, maintenance, and use of the hydroelectric project known as the Kaweah Number 3 project of Southern California Edison Company.

Expiration of permit.

16 USC 45a–1 note.
Sec. 2. The term of such permit shall expire not later than the expiration of existing or future licenses granted by the Federal Power Commission to Southern California Edison Company for said Kaweah Number 3 project (Federal Power Commission project numbered 298), but in no event shall the term of such permit extend for any period in excess of ten years following the date of its issuance, unless specifically authorized by law. Such permit shall contain such other terms and conditions as the Secretary of the Interior shall deem necessary for the protection and utilization of Sequoia National Park.

16 USC 45a–1 note.

Rules and regulations.

16 USC 791a.
Sec. 3. Such permit shall specifically recite that the privileges granted thereby are to be exercised in accordance with the Federal Power Act (16 U.S.C. 791(a)-825(u)), and the rules and regulations thereunder which the Secretary of the Interior, after consultation with the Federal Power Commission, determines to be applicable.

Report to Congress.

16 USC 45a–1 note.
Sec. 4. The National Park Service shall, not less than one hundred and eighty days prior to the termination date of such permit, report to the Congress, in writing, with respect to the impact of the operations of the hydroelectric project (known as the Kaweah numbered 3 project of Southern California Edison Company) on the Sequoia National Park.
Approved December 14, 1974.
Public Law 93–523: To amend the Public Health Service Act to assure that the public is provided with safe drinking water, and for other purposes. Public Law 523 Public Law 93–523 88 Stat. 1660 1974-12-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–523 93rd Congress
AN ACT To amend the Public Health Service Act to assure that the public is provided with safe drinking water, and for other purposes.

December 16, 1974

[S. 433]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Safe Drinking Water Act.
short title

42 USC 300f note.

 Section 1. This Act may be cited as the “Safe Drinking Water Act”.
public water systems Sec. 2. (a) The Public Health Service Act is amended by inserting after title XIII the following new title: 88 Stat. 1661 <num value="XIV">“TITLE XIV—</num> <heading class="inline">SAFETY OF PUBLIC WATER SYSTEMS</heading> <part> <num value="A"><inline class="smallCaps">“Part A</inline>—</num><heading class="inline"><inline class="smallCaps">Definitions</inline></heading> <section><heading class="smallCaps centered">“definitions</heading> <num value="1401">“<inline class="smallCaps">Sec.</inline> 1401. </num><chapeau>For purposes of this title:</chapeau> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300f">42 USC 300f</ref>.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <chapeau>The term ‘primary drinking water regulation’ means a regulation which—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>applies to public water systems;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>specifies contaminants which, in the judgment of the Administrator, may have any adverse effect on the health of persons;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <chapeau>specifies for each such contaminant either—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>a maximum contaminant level, if, in the judgment of the Administrator, it is economically and technologically feasible to ascertain the level of such contaminant in water in public water systems, or</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>if, in the judgment of the Administrator, it is not economically or technologically feasible to so ascertain the level of such contaminant, each treatment technique known to the Administrator which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of section 1412; and</content> <sidenote><p class="firstIndent1 fontsize8"><i>Post,</i> p. 1662.</p></sidenote> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content>contains criteria and procedures to assure a supply of drinking water which dependably complies with such maximum contaminant levels; including quality control and testing procedures to insure compliance with such levels and to insure proper operation and maintenance of the system, and requirements as to (i) the minimum quality of water which may be taken into the system and (ii) siting for new facilities for public water systems.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The term ‘secondary drinking water regulation’ means a regulation which applies to public water systems and which specifies the maximum contaminant levels which, in the judgment of the Administrator, are requisite to protect the public welfare. Such regulations may apply to any contaminant in drinking water (A) which may adversely affect the odor or appearance of such water and consequently may cause a substantial number of the persons served by the public water system providing such water to discontinue its use. or (B) which may otherwise adversely affect the public welfare. Such regulations may vary according to geographic and other circumstances.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>The term ‘maximum contaminant level’ means the maximum permissible level of a contaminant in water which is delivered to any user of a public water system.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>The term ‘public water system’ means a system for the provision to the public of piped water for human consumption, if such system has at least fifteen service connections or regularly serves at least twenty-five individuals. Such term includes (A) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in <page identifier="/us/stat/88/1662">88 <inline class="smallCaps">Stat.</inline> 1662</page>connection with such system, and (B) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>The term ‘supplier of water’ means any person who owns or operates a public water system.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content>The term ‘contaminant’ means any physical, chemical, biological, or radiological substance or matter in water.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">“(7) </num> <content>The term ‘Administrator’ means the Administrator of the Environmental Protection Agency.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">“(8) </num> <content>The term ‘Agency’ means the Environmental Protection Agency.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">“(9) </num> <content>The term ‘Council’ means the National Drinking Water Advisory Council established under section 1446.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">“(10) </num> <content>The term ‘municipality’ means a city, town, or other public body created by or pursuant to State law, or an Indian tribal organization authorized by law.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="11">“(11) </num> <content>The term ‘Federal agency’ means any department, agency, or instrumentality of the United States.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="12">“(12) </num> <content>The term ‘person’ means an individual, corporation, company, association, partnership, State, or municipality.</content></paragraph></section> </part> <part><num value="B"><inline class="smallCaps">“Part B</inline>—</num><heading class="inline"><inline class="smallCaps">Public Water Systems</inline></heading> <section><heading class="smallCaps centered">“coverage</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300g">42 USC 300g</ref>.</p></sidenote> <num value="1411">“<inline class="smallCaps">Sec.</inline> 1411. </num><chapeau>Subject to sections 1415 and 1416, national primary drinking water regulations under this part, shall apply to each public water system in each State; except that such regulations shall not apply to a public water system—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>which consists only of distribution and storage facilities (and does not have any collection and treatment facilities);</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>which obtains all of its water from, but is not owned or operated by, a public water system to which such regulations apply;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>which does not sell water to any person; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>which is not a carrier which conveys passengers in interstate commerce.</content></paragraph> </section> <section><heading class="smallCaps centered">“national drinking water regulations</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300g-1">42 USC 300g-1</ref>.</p></sidenote> <num value="1412">“<inline class="smallCaps">Sec.</inline> 1412. </num><subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1) </num><content>The Administrator shall publish proposed national interim primary drinking water regulations within 90 days after the date of enactment of this title. Within 180 days after such date of enactment, he shall promulgate such regulations with such modifications as he deems appropriate. Regulations under this paragraph may be amended from time to time.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>National interim primary drinking water regulations promulgated under paragraph (1) shall protect health to the extent feasible, using technology, treatment techniques, and other means, which the Administrator determines are generally available (taking costs into consideration) on the date of enactment of this title.</content> <page identifier="/us/stat/88/1663">88 <inline class="smallCaps">Stat.</inline> 1663</page> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>The interim primary regulations first promulgated under paragraph (1) shall take effect eighteen months after the date of their promulgation.</content></paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1)</num><subparagraph class="inline"><num value="A">(A) </num><chapeau>Within 10 days of the date the report on the study <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>conducted pursuant to subsection (e) is submitted to Congress, the Administrator shall publish in the Federal Register, and provide opportunity for comment on, the—</chapeau> <clause class="indent3 fontsize10"><num value="i">“(i) </num><content>proposals in the report for recommended maximum contaminant levels for national primary drinking water regulations, and</content></clause> <clause class="indent3 fontsize10"><num value="ii">“(ii) </num><content>list in the report of contaminants the levels of which in drinking water cannot be determined but which may have an adverse effect on the health of persons.</content></clause></subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>Within 90 days after the date the Administrator makes the <sidenote><p class="firstIndent1 fontsize8">Recommended maximum contaminant levels.</p></sidenote>publication required by subparagraph (A), he shall by rule establish recommended maximum contaminant levels for each contaminant which, in his judgment based on the report on the study conducted pursuant to subsection (e), may have any adverse effect on the health of persons. Each such recommended maximum contaminant level shall be set at a level at which, in the Administrator’s judgment based on such report, no known or anticipated adverse effects on the health of persons occur and which allows an adequate margin of safety. In addition, he shall, on the basis of the report on the study conducted pursuant to subsection (e), list in the rules under this subparagraph any contaminant the level of which cannot lie accurately enough measured in drinking water to establish a recommended maximum contaminant level and which may have any adverse effect on the health of persons. Based on information available to him, the Administrator may by rule change recommended levels established under this subparagraph or change such list.</content></subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>On the date the Administrator establishes pursuant to paragraph <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>(1) (B) recommended maximum contaminant levels he shall publish in the Federal Register proposed revised national primary drinking water regulations (meeting the requirements of paragraph (3)). Within 180 days after the date of such proposed regulations, he shall promulgate such revised drinking water regulations with such modifications as he deems appropriate.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>Revised national primary drinking water regulations promulgated under paragraph (2) of this subsection shall be primary drinking water regulations which specify a maximum contaminant level or require the use of treatment techniques for each contaminant for which a recommended maximum contaminant level is established or which is listed in a rule under paragraph (1) (B). The maximum contaminant level specified in a revised national primary drinking water regulation for a contaminant shall be as close to the recommended maximum contaminant level established under paragraph (1) (B) for such contaminant as is feasible. A required treatment technique for a contaminant for which a recommended maximum contaminant level has been established under paragraph (1) (B) shall reduce such contaminant to a level which is as close to the recommended maximum contaminant level for such contaminant as is feasible. A required treatment technique for a contaminant which is listed under paragraph (1) (B) shall <page identifier="/us/stat/88/1664">88 <inline class="smallCaps">Stat.</inline> 1664</page>require treatment necessary in the Administrator’s judgment to prevent known or anticipated adverse effects on the health of persons to <sidenote><p class="firstIndent1 fontsize8">“Feasible.”</p></sidenote>the extent feasible. For purposes of this paragraph, the term ‘feasible’ means feasible with the use of the best technology, treatment techniques. and other means, which the Administrator finds are generally available (taking cost into consideration).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>Revised national primary drinking water regulations shall be amended whenever changes in technology, treatment techniques, and other means permit greater protection of the health of persons, but in any event such regulations shall be reviewed at least once every 3 years.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>Revised national primary drinking water regulations promulgated under this subsection (and amendments thereto) shall take effect eighteen months after the date of their promulgation. Regulations under subsection (a) shall be superseded by regulations under this subsection to the extent provided by the regulations under this subsection.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content>No national primary drinking water regulation may require the addition of any substance for preventive health care purposes unrelated to contamination of drinking water.</content></paragraph></subsection> <sidenote><p class="firstIndent1 fontsize8">Proposed national secondary drinking water regulations, publication.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><content>The Administrator shall publish proposed national secondary drinking water regulations within 270 days after the date of enactment of this title. Within 90 days after publication of any such regulation, he shall promulgate such regulation with such modifications as he deems appropriate. Regulations under this subsection may be amended from time to time.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><content>Regulations under this section shall be prescribed in accordance with section 553 of title 5, United States Code (relating to rulemaking), <sidenote><p class="firstIndent1 fontsize8">Hearing.</p></sidenote>except that the Administrator shall provide opportunity for public hearing prior to promulgation of such regulations. In proposing and promulgating regulations under this section, the Administrator shall consult with the Secretary and the National Drinking Water Advisory Council.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Study.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="e">“(e)</num><paragraph class="inline"><num value="1">(1) </num><content>The Administrator shall enter into appropriate arrangements with the National Academy of Sciences (or with another independent scientific organization if appropriate arrangements cannot be made with such Academy) to conduct a study to determine (A) the maximum contaminant levels which should be recommended under subsection (b) (2) in order to protect the health of persons from any known or anticipated adverse effects, and (B) the existence of any contaminants the levels of which in drinking water cannot be determined but which may have an adverse effect on the health of persons.</content> </paragraph> <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The result of the study shall be reported to Congress no later than 2 years after the date of enactment of this title. The report shall contain (A) a summary and evaluation of relevant publications and unpublished studies; (B) a statement of methodologies and assumptions for estimating the levels at which adverse health effects may occur; (C) a statement of methodologies and assumptions for estimating the margin of safety which should be incorporated in the national primary drinking water regulations; (D) proposals for recommended maximum contaminant levels for national primary drinking water regulations, based on the methodologies, assumptions, and studies referred to in clauses (A), (B), and (C) and in paragraph (4); (E) a list of contaminants the level of which in drinking water cannot be determined but which may have an adverse effect on the health of persons; and (F) recommended studies and test protocols for future research on the health effects of drinking water contaminants, including a list of the major research priorities and estimated costs necessary to conduct such priority research.</content> <page identifier="/us/stat/88/1665">88 <inline class="smallCaps">Stat.</inline> 1665</page> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <chapeau>In developing its proposals for recommended maximum contaminant levels under paragraph (2) (D) the National Academy of Sciences (or other organization preparing the report) shall evaluate and explain (separately and in composite) the impact of the following considerations:</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>The existence of groups or individuals in the population which are more susceptible to adverse effects than the normal healthy adult.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>The exposure to contaminants in other media than drinking water (including exposures in food, in the ambient air, and in occupational settings) and the resulting body burden of contaminants.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>Synergistic effects resulting from exposure to or interaction by two or more contaminants.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content>The contaminant exposure and body burden levels which alter physiological function or structure in a manner reasonably suspected of increasing the risk of illness.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>In making the study under this subsection, the National Academy of Sciences (or other organization) shall collect and correlate (A) morbidity and mortality data and (B) monitored data on the quality of drinking water. Any conclusions based on such correlation shall lie included in the report of the study.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>Neither the report of the study under this subsection nor any <sidenote><p class="firstIndent1 fontsize8">Report, submittal to OMB.</p></sidenote>draft of such report shall be submitted to the Office of Management and Budget or to any other Federal agency (other than the Environmental Protection Agency) prior to its submission to Congress.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content>Of the funds authorized to be appropriated to the Administrator <sidenote><p class="firstIndent1 fontsize8">Funds.</p></sidenote>by this title, such amounts as may be required shall be available to carry out the study and to make the report directed by paragraph (2) of this subsection.</content></paragraph></subsection></section> <section><heading class="smallCaps centered">“state primary enforcement responsibility</heading> <num value="1413"><inline class="smallCaps">“Sec.</inline> 1413. </num><subsection class="inline"><num value="a">(a) </num><chapeau>For purposes of this title, a State has primary <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300g-2">42 USC 300g-2</ref>.</p></sidenote>enforcement responsibility for public water systems during any period for which the Administrator determines (pursuant to regulations prescribed under subsection (b)) that such State—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>has adopted drinking water regulations which (A) in the case of the period beginning on the date the national interim primary drinking water regulations are promulgated under section 1412 and ending on the date such regulations take effect are no less stringent than such regulations, and (B) in the case of the period after such effective date are no less stringent than the interim and revised national primary drinking water regulations in effect under such section;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>has adopted and is implementing adequate procedures for the enforcement of such State regulations, including conducting such monitoring and making such inspections as the Administrator may require by regulation;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>will keep such records and make such reports with respect to its activities under paragraphs (1) and (2) as the Administrator may require by regulation;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>if it permits variances or exemptions, or both, from the requirements of its drinking water regulations which meet the requirements of paragraph (1), permits such variances and exemptions under conditions and in a manner which is not less stringent than the conditions under, and the manner in, which variances and exemptions may be granted under sections 1415 and 1416; and</content> <page identifier="/us/stat/88/1666">88 <inline class="smallCaps">Stat.</inline> 1666</page> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>has adopted and can implement an adequate plan for the provision of safe drinking water under emergency circumstances.</content></paragraph></subsection> <sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1) </num><content>The Administrator shall, by regulation (proposed within 180 days of the date of the enactment of this title), prescribe the manner in which a State may apply to the Administrator for a determination that the requirements of paragraphs (1), (2), (3), and (4) of subsection (a) are satisfied with respect to the State, the manner in which the determination is made, the period for which the determination will be effective, and the manner in which the Administrator may determine that such requirements are no longer met. Such regulations shall require that before a determination of the Administrator that such requirements are met or are no longer met with respect to a State <sidenote><p class="firstIndent1 fontsize8">Notice and hearing.</p> <p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>may become effective, the Administrator shall notify such State of the determination and the reasons therefor and shall provide an opportunity for public hearing on the determination. Such regulations shall be promulgated (with such modifications as the Administrator deems appropriate) within 90 days of the publication of the proposed regulations <sidenote><p class="firstIndent1 fontsize8">Notice.</p></sidenote>in the Federal Register. The Administrator shall promptly notify in writing the chief executive officer of each State of the promulgation of regulations under this paragraph. Such notice shall contain a copy of the regulations and shall specify a State’s authority under this title when it is determined to have primary enforcement responsibility for public water systems.</content></paragraph> <sidenote><p class="firstIndent1 fontsize8">Applications.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>When an application is submitted in accordance with the Administrator’s regulations under paragraph (1), the Administrator shall within 90 days of the date on which such application is submitted (A) make the determination applied for, or (B) deny the application and notify the applicant in writing of the reasons for his denial.</content></paragraph> </subsection></section> <section><heading class="smallCaps centered">“failure by state to assure enforcement of drinking water regulations</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300g-3">42 USC 300g-3</ref>.</p></sidenote> <num value="1414"><inline class="smallCaps">“Sec.</inline> 1414. </num><subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num><subparagraph class="inline"><num value="A">(A) </num><chapeau>Whenever the Administrator finds during a period during which a State has primary enforcement responsibility for public water systems (within the meaning of section 1413(a)) that any public water system—</chapeau> <clause class="indent3 fontsize10"><num value="i">“(i) </num><content>for which a variance under section 1415 or an exemption under section 1416 is not in effect, does not comply with any national primary drinking water regulation in effect under section 1412, or</content></clause> <clause class="indent3 fontsize10"><num value="ii">“(ii) </num><content>for which a variance under section 1415 or an exemption under section 1416 is in effect, does not comply with any schedule or other requirement imposed pursuant thereto,</content></clause> <sidenote><p class="firstIndent1 fontsize8">Notice.</p></sidenote> <continuation class="indent0 firstIndent0 fontsize10">he shall so notify the State and provide such advice and technical assistance to such State and public water system as may be appropriate to bring the system into compliance with such regulation or requirement by the earliest feasible time.</continuation></subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num><chapeau>If the Administrator finds such failure to comply extends beyond the thirtieth day after the date of the notice given pursuant <sidenote><p class="firstIndent1 fontsize8">Notice.</p></sidenote>to subparagraph (A), he shall give public notice of such finding and request the State to report within fifteen days from the date of such public notice as to the steps being taken to bring the system into compliance (including reasons for anticipated steps to be taken to bring the system into compliance and for any failure to take steps <sidenote><p class="firstIndent1 fontsize8">Civil action.</p></sidenote>to bring the system into compliance). If—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>such failure to comply extends beyond the sixtieth day after the date of the notice given pursuant to subparagraph (A); and</content> <page identifier="/us/stat/88/1667">88 <inline class="smallCaps">Stat.</inline> 1667</page> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num><level class="inline"><num value="α">(α) </num><content>the State fails to submit the report requested by the Administrator within the time period prescribed by the preceding sentence; or</content></level> <level class="indent3 fontsize10"><num value="β">“(β) </num><chapeau>the State submits such report within such period but the Administrator, after considering the report, determines that the State abused its discretion in carrying out primary enforcement responsibility for public water systems by both—</chapeau> <subclause class="indent4 fontsize10"> <num value="I">“(I) </num> <content>failing to implement by such sixtieth day adequate procedures to bring the system into compliance by the earliest feasible time, and</content> </subclause> <subclause class="indent4 fontsize10"> <num value="II">“(II) </num> <content>failing to assure by such day the provision through alternative means of safe drinking water by the earliest feasible time;</content></subclause></level></clause> </subparagraph> <continuation class="indent0 firstIndent0 fontsize10">the Administrator may commence a civil action under subsection (b).</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau>Whenever, on the basis of information available to him, the <sidenote><p class="firstIndent1 fontsize8">Civil action.</p></sidenote>Administrator finds during a period during which a State does not have primary enforcement responsibility for public water systems that a public water system in such State—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>for which a variance under section 1415(a)(2) or an exemption under section 1416(f) is not in effect, does not comply with any national primary drinking water regulation in effect under section 1412, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>for which a variance under section 1415(a)(2) or an exemption under section 1416(f) is in effect, does not comply with any schedule or other requirement imposed pursuant thereto, he may commence a civil action under subsection (b).</content></subparagraph></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><chapeau>The Administrator may bring a civil action in the appropriate United States district court to require compliance with a national primary drinking water regulation or with any schedule or other requirement imposed pursuant to a variance or exemption granted under section 1415 or 1416 if—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>authorized under paragraph (1) or (2) of subsection (a), or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>if requested by (A) the chief executive officer of the State in which is located the public water system which is not in compliance with such regulation or requirement, or (B) the agency of such State which has jurisdiction over compliance by public water systems in the State with national primary drinking water regulations or State drinking water regulations.</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">The court may enter, in an action brought under this subsection, <sidenote><p class="firstIndent1 fontsize8">Judicial determination.</p></sidenote>such judgment as protection of public health may require, taking into consideration the time necessary to comply and the availability of alternative water supplies; and, if the court determines that there has been a willful violation of the regulation or schedule or other requirement with respect to which the action was brought, the court may, taking into account the seriousness of the violation, the population at risk, and other appropriate factors, impose on the violator a civil <sidenote><p class="firstIndent1 fontsize8">Penalty.</p></sidenote>penalty of not to exceed $5,000 for each day in which such violation occurs.</continuation></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><chapeau>Each owner or operator of a public water system shall give <sidenote><p class="firstIndent1 fontsize8">Notice.</p></sidenote>notice to the persons served by it—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <chapeau>of any failure on the part of the public water system to—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>comply with an applicable maximum contaminant level or treatment technique requirement of, or a testing procedure prescribed by, a national primary drinking water regulation, or</content> <page identifier="/us/stat/88/1668">88 <inline class="smallCaps">Stat.</inline> 1668</page> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>perform monitoring required by section 1445(a), and</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau>if the public water system is subject to a variance granted under section 1415(a)(1)(A) or 1415(a)(2) for an inability to meet a maximum contaminant level requirement or is subject to an exemption granted under section 1416, of—’</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>the existence of such variance or exemption, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>any failure to comply with the requirements of any schedule prescribed pursuant to the variance or exemption.</content></subparagraph> </paragraph> <sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote> <continuation class="indent0 firstIndent0 fontsize10">The Administrator shall by regulation prescribe the form and manner for giving such notice. Such notice shall be given not less than once every 3 months, shall be given by publication in a newspaper of general circulation serving the area served by each such water system (as determined by the Administrator), shall be furnished to the other communications media serving such area, and shall be furnished to the communications media as soon as practicable after the discovery of the violation with respect to which the notice is required. If the water bills of a public water system are issued more often than once every 3 months, such notice shall be included in at least one water bill of the system every 3 months, and if a public water system issues its water bills less often than once every 3 months, such notice shall <sidenote><p class="firstIndent1 fontsize8">Penalty.</p></sidenote>be included in each of the water bills issued by the system. Any person who willfully violates this subsection or regulations thereunder shall be fined not more than $5,000.</continuation></subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content>Whenever, on the basis of information available to him, the Administrator finds that within a reasonable time after national secondary drinking water regulations have been promulgated, one or more public water systems in a State do not comply with such secondary regulations, and that such noncompliance appears to result from a failure of such State to take reasonable action to assure that public water systems throughout such State meet such secondary regulations, <sidenote><p class="firstIndent1 fontsize8">Notice.</p></sidenote>he shall so notify the State.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num><content>Nothing in this title shall diminish any authority of a State or political subdivision to adopt or enforce any law or regulation respecting drinking water regulations or public water systems, but no such law or regulation shall relieve any person of any requirement otherwise applicable under this title.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="f">“(f) </num><chapeau>If the Administrator makes a finding of noncompliance (described in subparagraph (A) or (B) of subsection (a)(1)) with respect to a public water system in a State which has primary enforcement responsibility, the Administrator may, for the purpose of assisting that State in carrying out such responsibility and upon the petition of such State or public water system or persons served by such system, <sidenote><p class="firstIndent1 fontsize8">Notice and public hearings.</p></sidenote>hold, after appropriate notice, public hearings for the purpose of gathering information from technical or other experts, Federal, State, or other public officials, representatives of such public water system, persons served by such system, and other interested persons on—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>the ways in which such system can within the earliest feasible time be brought into compliance with the regulation or requirement with respect to which such finding was made, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>the means for the maximum feasible protection of the public health during any period in which such system is not in compliance with a national primary drinking water regulation or requirement applicable to a variance or exemption.</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">On the basis of such hearings the Administrator shall issue recommendations which shall be sent to such State and public water system and shall be made available to the public and communications media.</continuation></subsection></section> <page identifier="/us/stat/88/1669">88 <inline class="smallCaps">Stat.</inline> 1669</page> <section><heading class="smallCaps centered">“variances</heading> <num value="1415">“<inline class="smallCaps">Sec.</inline> 1415. </num><subsection class="inline"><num value="a">(a) </num><chapeau>Notwithstanding any other provision of this part, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300g-4">42 USC 300g-4</ref>.</p></sidenote>variances from national primary drinking water regulations may be granted as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num><subparagraph class="inline"><num value="A">(A) </num><chapeau>A State which has primary enforcement responsibility for public water systems may grant one or more variances from an applicable national primary drinking water regulation to one or more public water systems within its jurisdiction which, because of characteristics of the raw water sources which are reasonably available to the systems, cannot meet the requirements respecting the maximum contaminant levels of such drinking water regulation despite application of the best technology, treatment techniques, or other means, which the Administrator finds are generally available (taking costs into consideration). Before a State may grant a variance under this subparagraph, the State must find that the variance will not result in an unreasonable risk to health. If a State grants a public water system a variance under this subparagraph, the State shall prescribe within one year of the date the variance is granted, a schedule for—</chapeau> <clause class="indent3 fontsize10"><num value="i">“(i) </num><content>compliance (including increments of progress) by the public water system with each contaminant level requirement with respect to which the variance was granted, and</content></clause> <clause class="indent3 fontsize10"><num value="ii">“(ii) </num><content>implementation by the public water system of such control measures as the State may require for each contaminant, subject to such contaminant level requirement, during the period ending on the date compliance with such requirement is required.</content></clause> <continuation class="indent0 firstIndent0 fontsize10">Before a schedule prescribed by a State pursuant to this subparagraph <sidenote><p class="firstIndent1 fontsize8">Notice and hearing.</p></sidenote>may take effect, the State shall provide notice and opportunity for a public hearing on the schedule. A notice given pursuant to the preceding sentence may cover the prescribing of more than one such schedule and a hearing held pursuant to such notice shall include each of the schedules covered by the notice. A schedule prescribed pursuant to this subparagraph for a public water system granted a variance shall require compliance by the system with each contaminant level requirement with respect to which the variance was granted as expeditiously as practicable (as the State may reasonably determine).</continuation></subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>A State which has primary enforcement responsibility for public water systems may grant to one or more public water systems within its jurisdiction one or more variances from any provision of a national primary drinking water regulation which requires the use of a specified treatment technique with respect to a contaminant if the public water system applying for the variance demonstrates to the satisfaction of the State that such treatment technique is not necessary to protect the health of persons because of the nature of the raw water source of such system. A variance granted under this subparagraph shall be conditioned on such monitoring and other requirements as the Administrator may prescribe.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>Before a variance proposed to lie granted by a State under <sidenote><p class="firstIndent1 fontsize8">Notice and hearing.</p></sidenote>and subparagraph (A) or (B) may take effect, such State shall provide notice and opportunity for public hearing on the proposed variance. A notice given pursuant to the preceding sentence may cover the granting of more than one variance and a hearing held pursuant to such notice shall include each of the variances covered by the notice. The State shall promptly notify the Administrator <sidenote><p class="firstIndent1 fontsize8">Notice to Administrator.</p></sidenote><page identifier="/us/stat/88/1670">88 <inline class="smallCaps">Stat.</inline> 1670</page>of all variances granted by it. Such notification shall contain the reason for the variance (and in the case of a variance under subparagraph (A), the basis for the finding required by that subparagraph before the granting of the variance) and documentation of the need for the variance.</content> </subparagraph> <sidenote><p class="firstIndent1 fontsize8">Compliance; enforcement.</p></sidenote> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content>Each public water systems variance granted by a State under subparagraph (A) shall be conditioned by the State upon compliance by the public water system with the schedule prescribed by the State pursuant to that subparagraph. The requirements of each schedule prescribed by a State pursuant to that subparagraph shall be enforceable by the State under its laws. Any requirement of a schedule on which a variance granted under that subparagraph is conditioned may be enforced under section 1414 as if such requirement was part of a national primary drinking water regulation.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content>Each schedule prescribed by a State pursuant to subparagraph (A) shall be deemed approved by the Administrator unless the variance for which it was prescribed is revoked by the Administrator under subparagraph (G) or the schedule is revised by the Administrator under such subparagraph.</content> </subparagraph> <sidenote><p class="firstIndent1 fontsize8">Review of variances and schedules.</p></sidenote> <subparagraph class="indent2 fontsize10"> <num value="F">“(F) </num> <content>Not later than 18 months after the effective date of the interim national primary drinking water regulations the Administrator shall complete a comprehensive review of the variances granted under subparagraph (A) (and schedules prescribed pursuant thereto) and under subparagraph (B) by the States during the one-year period beginning on such effective date. The Administrator shall conduct such subsequent reviews of variances and schedules as he deems necessary to carry out the purposes of this title, but each subsequent review shall be completed within each 3-year period following the completion of the first review under <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>this subparagraph. Before conducting any review under this subparagraph, the Administrator shall publish notice of the proposed review in the Federal Register. Such notice shall (i) provide information respecting the location of data and other information respecting the variances to be reviewed (including data and other information concerning new scientific matters bearing on such variances), and (ii) advise of the opportunity to submit comments on the variances reviewed and on the need for continuing <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>them. Upon completion of any such review, the Administrator shall publish in the Federal Register the results of his review together with findings responsive to comments submitted in connection with such review.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="G">“(G) </num><clause class="inline"><num value="i">(i) </num><chapeau>If the Administrator finds that a State has, in a substantial number of instances, abused its discretion in granting variances under subparagraph (A) or (B) or that in a substantial number of cases the State has failed to prescribe schedules in <sidenote><p class="firstIndent1 fontsize8">Notice to State.</p></sidenote>accordance with subparagraph (A), the Administrator shall notify the State of his findings. In determining if a State has abused its discretion in granting variances in a substantial number of instances, the Administrator shall consider the number of persons who are affected by the variances and if the requirements applicable to the granting of the variances were complied with. A notice under this clause shall—</chapeau> <subclause class="indent4 fontsize10"><num value="I">“(I) </num><content>identify each public water system with respect to which the finding was made,</content></subclause> <subclause class="indent4 fontsize10"><num value="II">“(II) </num><content>specify the reasons for the finding, and</content></subclause> <page identifier="/us/stat/88/1671">88 <inline class="smallCaps">Stat.</inline> 1671</page> <subclause class="indent4 fontsize10"><num value="III">“(III) </num><content>as appropriate, propose revocations of specific variances or propose revised schedules or other requirements for specific public water systems granted variances, or both.</content></subclause></clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>The Administrator shall provide reasonable notice and <sidenote><p class="firstIndent1 fontsize8">Notice and hearing.</p></sidenote>public hearing on the provisions of each notice given pursuant to clause (i) of this subparagraph. After a hearing on a notice pursuant to such clause, the Administrator shall (I) rescind the finding for which the notice was given and promptly notify the State of such rescission, or (II) promulgate (with such modifications as he deems appropriate) such variance revocations and revised schedules or other requirements proposed in such notice as he deems appropriate. Not later than 180 days after the date a notice is given pursuant to clause (i) of this subparagraph, the Administrator shall complete the hearing on the notice and take the action required by the preceding sentence.</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content>If a State is notified under clause (i) of this subparagraph of a finding of the Administrator made with respect to a variance granted a public water system within that State or to a schedule or other requirement for a variance and if, before a revocation of such variance or a revision of such schedule or other requirement promulgated by the Administrator takes effect, the State takes corrective action with respect to such variance or schedule or other requirement which the Administrator determines makes his finding inapplicable to such variance or schedule or other requirement, the Administrator shall rescind the application of his finding to that variance or schedule or other requirement. No variance revocation or revised schedule or other requirement may take effect before the expiration of 90 days following the date of the notice in which the revocation or revised schedule or other requirement was proposed.</content> </clause> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>If a State does not have primary enforcement responsibility for public water systems, the Administrator shall have the same authority to grant variances in such State as the State would have under paragraph (1) if it had primary enforcement responsibility.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>The Administrator may grant a variance from any treatment technique requirement of a national primary drinking water regulation upon a showing by any person that an alternative treatment technique not included in such requirement is at least as efficient in lowering the level of the contaminant with respect to which such requirement was prescribed. A variance under this paragraph shall be conditioned on the use of the alternative treatment technique which is the basis of the variance.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>Any schedule or other requirement on which a variance granted under paragraph (1)(B) or (2) of subsection (a) is conditioned may be enforced under section 1414 as if such schedule or other requirement was part of a national primary drinking water regulation.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><content>If an application for a variance under subsection (a) is made, <sidenote><p class="firstIndent1 fontsize8">Applications for variances.</p></sidenote>the State receiving the application or the Administrator, as the case may be, shall act upon such application within a reasonable period (as determined under regulations prescribed by the Administrator) after the date of its submission.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><content>For purposes of this section, the term ‘treatment technique <sidenote><p class="firstIndent1 fontsize8">“Treatment technique requirement.”</p></sidenote>requirement’ means a requirement in a national primary drinking water regulation which specifies for a contaminant (in accordance with section 1401 (1) (C) (ii)) each treatment technique known to the Administrator which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of section 1412(b)(3).</content></subsection></section> <page identifier="/us/stat/88/1672">88 <inline class="smallCaps">Stat.</inline> 1672</page> <section><heading><inline class="smallCaps">“exemptions</inline></heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300g-5">42 USC 300g-5</ref>.</p></sidenote> <num value="1416"><inline class="smallCaps">“Sec.</inline> 1416. </num><subsection class="inline"><num value="a">(a) </num><chapeau>A State which has primary enforcement responsibility may exempt any public water system within the State’s jurisdiction from any requirement respecting a maximum contaminant level or any treatment technique requirement, or from both, of an applicable national primary drinking water regulation upon a finding that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>due to compelling factors (which may include economic factors), the public water system is unable to comply with such contaminant level or treatment technique requirement,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>the public water system was in operation on the effective date of such contaminant level or treatment technique requirement, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>the granting of the exemption will not result in an unreasonable risk to health.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><paragraph class="inline"><num value="1">(1) </num><chapeau>If a State grants a public water system an exemption under subsection (a), the State shall prescribe, within one year of the date the exemption is granted, a schedule for—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>compliance (including increments of progress) by the public water system with each containment level requirement and treatment technique requirement with respect to which the exemption was granted, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>implementation by the public water system of such control measures as the State may require for each containment, subject to such contaminant level requirement or treatment technique requirement, during the period ending on the date compliance with such requirement is required.</content></subparagraph> <sidenote><p class="firstIndent1 fontsize8">Notice and hearing.</p></sidenote> <continuation class="indent0 firstIndent0 fontsize10">Before a schedule prescribed by a State pursuant to this subsection may take effect, the State shall provide notice and opportunity for a public hearing on the schedule. A notice given pursuant to the preceding sentence may cover the prescribing of more than one such schedule and a hearing held pursuant to such notice shall include each of the schedules covered by the notice.</continuation></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num><subparagraph class="inline"><num value="A">(A) </num><chapeau>A schedule prescribed pursuant to this subsection for a public water system granted an exemption under subsection (a) shall require compliance by the system with each contaminant level and treatment technique requirement with respect to which the exemption was granted as expeditiously as practicable (as the State may reasonably determine) but (except as provided in subparagraph (B))—</chapeau> <clause class="indent3 fontsize10"><num value="i">“(i) </num><content>in the case of an exemption granted with respect to a contaminant level or treatment technique requirement prescribed by the interim national primary drinking water regulations promulgated under section 1412(a), not later than January 1, 1981; and</content></clause> <clause class="indent3 fontsize10"><num value="ii">“(ii) </num><content>in the case of an exemption granted with respect to a contaminant level or treatment technique requirement prescribed by revised national primary drinking water regulations, not later than seven years after the date such requirement takes effect.</content></clause></subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <chapeau>Notwithstanding clauses (i) and (ii) of subparagraph (A) of this paragraph, the final date for compliance prescribed in a schedule prescribed pursuant to this subsection for an exemption granted for a public water system which (as determined by the State granting the exemption) has entered into an enforceable agreement to become a part of a regional public water system shall—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content>in the case of a schedule prescribed for an exemption granted with respect to a contaminant level or treatment technique requirement prescribed by interim national primary drinking water regulations, be not later than January 1, 1983; and</content> <page identifier="/us/stat/88/1673">88 <inline class="smallCaps">Stat.</inline> 1673</page> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>in the case of a schedule prescribed for an exemption granted with respect to a contaminant level or treatment technique requirement prescribed by revised national primary drinking water regulations, be not later than nine years after such requirement takes effect.</content> </clause> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>Each public water system’s exemption granted by a State <sidenote><p class="firstIndent1 fontsize8">Compliance; enforcement.</p></sidenote>under subsection (a) shall be conditioned by the State upon compliance by the public water system with the schedule prescribed by the State, pursuant to this subsection. The requirements of each schedule prescribed by a State pursuant to this subsection shall be enforceable by the State under its laws. Any requirement of a schedule on which an exemption granted under this section is conditioned may be enforced under section 1414 as if such requirement was part of a national primary drinking water regulation.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>Each schedule prescribed by a State pursuant to this subsection shall be deemed approved by the Administrator unless the exemption for which it was prescribed is revoked by the Administrator under subsection (d)(2) or the schedule is revised by the Administrator under such subsection.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><content>Each State which grants an exemption under subsection (a) <sidenote><p class="firstIndent1 fontsize8">Notice Administrator.</p></sidenote>shall promptly notify the Administrator of the granting of such exemption. Such notification shall contain the reasons for the exemption (including the basis for the finding required by subsection (a)(3) before the exemption may be granted) and document the need for the exemption.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d)</num><paragraph class="inline"><num value="1">(1) </num><content>Not later than 18 months after the effective date of the <sidenote><p class="firstIndent1 fontsize8">Review of exemptions and schedules.</p></sidenote>interim national primary drinking water regulations the Administrator shall complete, a comprehensive review of the exemptions granted (and schedules prescribed pursuant thereto) by the States during the one-year period beginning on such effective date. The Administrator shall conduct such subsequent reviews of exemptions and schedules as he deems necessary to carry out the purposes of this title, but each subsequent review shall be completed within each 3-year period following the completion of the first review under this subparagraph. Before conducting any review under this subparagraph, the <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>Administrator shall publish notice of the proposed review in the Federal Register. Such notice shall (A) provide information respecting the location of data and other information respecting the exemptions to be, reviewed (including data and other information concerning new’ scientific matters bearing on such exemptions), and (B) advise of the opportunity to submit comments on the exemptions reviewed and on the need for continuing them. Upon completion of any such review, the <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>Administrator shall publish in the Federal Register the results of his review together with findings responsive to comments submitted in connection with such review.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num><subparagraph class="inline"><num value="A">(A) </num><chapeau>If the Administrator finds that a State has, in a substantial number of instances, abused its discretion in granting exemptions under subsection (a) or failed to prescribe schedules in accordance with subsection (b), the Administrator shall notify the State of his <sidenote><p class="firstIndent1 fontsize8">Notice to state.</p></sidenote>finding. In determining if a State has abused its discretion in granting exemptions in a substantial number of instances, the Administrator shall consider the number of persons who are affected by the exemptions and if the requirements applicable to the granting of the exemptions were complied with. A notice under this subparagraph shall—</chapeau> <clause class="indent3 fontsize10"><num value="i">“(i) </num><content>identify each exempt public water system with respect to which the finding was made,</content></clause> <clause class="indent3 fontsize10"><num value="ii">“(ii) </num><content>specify the reasons for the finding, and</content></clause> <page identifier="/us/stat/88/1674">88 <inline class="smallCaps">Stat.</inline> 1674</page> <clause class="indent3 fontsize10"><num value="iii">“(iii) </num><content>as appropriate, propose revocations of specific exemptions or propose revised schedules for specific exempt public water systems, or both.</content></clause></subparagraph> <sidenote><p class="firstIndent1 fontsize8">Notice and hearing.</p></sidenote> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>The Administrator shall provide reasonable notice and public hearing on the provisions of each notice given pursuant to subparagraph (A). After a hearing on a notice pursuant to subparagraph (A), the Administrator shall (i) rescind the finding for which the notice was given and promptly notify the State of such rescission, or (ii) promulgate (with such modifications as he deems appropriate) such exemption revocations and revised schedules proposed in such notice as he deems appropriate. Not later than 180 days after the date a notice is given pursuant to subparagraph (A), the Administrator shall complete the hearing on the notice and take the action required by the preceding sentence.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>If a State is notified under subparagraph (A) of a finding of the Administrator made with respect to an exemption granted a public water system within that State or to a schedule prescribed pursuant to such an exemption and if before a revocation of such exemption or a revision of such schedule promulgated by the Administrator takes effect the State takes corrective action with respect to such exemption or schedule which the Administrator determines makes his finding inapplicable to such exemption or schedule, the Administrator shall rescind the application of his finding to that exemption or schedule. No exemption revocation or revised schedule may take effect before the expiration of 90 days following the date of the notice in which the revocation or revised schedule was proposed.</content></subparagraph></paragraph></subsection> <sidenote><p class="firstIndent1 fontsize8">“Treatment technique requirement.”</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num><content>For purposes of this section, the term ‘treatment technique requirement’ means a requirement in a national primary drinking water regulation which specifies for a contaminant (in accordance with section 1401 (1) (C) (ii)) each treatment technique known to the Administrator which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of section 1412(b)(3).</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="f">“(f) </num><content>If a State does not have primary enforcement responsibility for public water systems, the Administrator shall have the same authority to exempt public water systems in such State from maximum contaminant level requirements and treatment technique requirements under the same conditions and in the same manner as the State would be authorized to grant exemptions under this section if it had primary enforcement responsibility.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Applications for exemptions.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="g">“(g) </num><content>If an application for an exemption under this section is made, the State receiving the application or the Administrator, as the case may be. shall act upon such application within a reasonable period (as determined under regulations prescribed by the Administrator) after the date of its submission.</content></subsection></section> </part> <part> <num value="C"><inline class="smallCaps">“Part C—</inline></num><heading class="inline"><inline class="smallCaps">Protection of Underground Sources of Drinking Water</inline></heading> <section><heading class="smallCaps centered">“regulations for state programs</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300h">42 USC 300h</ref>.</p></sidenote> <num value="1421">“<inline class="smallCaps">Sec.</inline> 1421. </num><subsection class="inline"><num value="a">(a) </num><paragraph class="inline"><num value="1">(1) </num><content>The Administrator shall publish proposed regulations for State underground injection control programs within 180 days after the date of enactment of this title. Within 180 days after publication of such proposed regulations, he shall promulgate such regulations with such modifications as he deems appropriate. Any regulation under this subsection may be amended from time to time.</content></paragraph> <page identifier="/us/stat/88/1675">88 <inline class="smallCaps">Stat.</inline> 1675</page> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Any regulation under this section shall be proposed and promulgated in accordance with section 553 of title 5, United States Code (relating to rulemaking), except that the Administrator shall provide <sidenote><p class="firstIndent1 fontsize8">Hearing.</p></sidenote>opportunity for public hearing prior to promulgation of such regulations. In proposing and promulgating regulations under this section, the Administrator shall consult with the Secretary, the National Drinking Water Advisory Council, and other appropriate Federal entities and with interested State entities.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1) </num><chapeau>Regulations under subsection (a) for State underground injection programs shall contain minimum requirements for effective programs to prevent underground injection which endangers drinking water sources within the meaning of subsection (d)(2). Such regulations shall require that a State program, in order to be approved under section 1422—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>shall prohibit, effective three years after the date of the enactment of this title, any underground injection in such State which is not authorized by a permit issued by the State (except that the regulations may permit a State to authorize underground injection by rule);</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>shall require (i) in the case of a program which provides for authorization of underground injection by permit, that the applicant for the permit to inject must satisfy the State that the underground injection will not endanger drinking water sources, and (ii) in the case of a program which provides for such an authorization by rule, that no rule may be promulgated which authorizes any underground injection which endangers drinking water sources;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>shall include inspection, monitoring, recordkeeping, and reporting requirements; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content>shall apply (i) as prescribed by section 1447(b), to underground injections by Federal agencies, and (ii) to underground injections by any other person whether or not occurring on property owned or leased by the United States.</content></subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau>Regulations of the Administrator under this section for State underground injection control programs may not prescribe requirements which interfere with or impede—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>the underground injection of brine or other fluids which are brought to the surface in connection with oil or natural gas production, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>any underground injection for the secondary or tertiary recovery of oil or natural gas,</content></subparagraph></paragraph> <continuation class="indent0 firstIndent0 fontsize10">unless such requirements are essential to assure that underground sources of drinking water will not be endangered by such injection.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><paragraph class="inline"><num value="1">(1) </num><chapeau>The Administrator may, upon application of the Governor <sidenote><p class="firstIndent1 fontsize8">Temporary permits.</p></sidenote>of a State which authorizes underground injection by means of permits, authorize such State to issue (without regard to subsection (b) (1) (B) (i)) temporary permits for underground injection which may be effective until the expiration of four years after the date of enactment of this title, if—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>the Administrator finds that the State has demonstrated that it is unable and could not reasonably have been able to process all permit applications within the time available;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>the Administrator determines the adverse effect on the environment of such temporary permits is not unwarranted;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>such temporary permits will be issued only with respect to injection wells in operation on the date on which such State’s permit program approved under this part first takes effect and for which there was inadequate time to process its permit application; and</content> <page identifier="/us/stat/88/1676">88 <inline class="smallCaps">Stat.</inline> 1676</page> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content>the Administrator determines the temporary permits require the use of adequate safeguards established by rules adopted by him.</content> </subparagraph></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau>The Administrator may, upon application of the Governor of a State which authorizes underground injection by means of permits, authorize such State to issue (without regard to subsection (b) (1) (B) (i)), <sidenote><p class="firstIndent1 fontsize8">Notice and hearing.</p></sidenote>but after reasonable notice and hearing, one or more temporary permits each of which is applicable to a particular injection well and to the underground injection of a particular fluid and which may be effective until the expiration of four yea is after the date of enactment of this title, if the State finds, on the record of such hearing—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>that technology (or other means) to permit safe injection of the fluid in accordance with the applicable underground injection control program is not generally available (taking costs into consideration);</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>that injection of the fluid would be less harmful to health than the use of other available means of disposing of waste or producing the desired product; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>that available technology or other means have been employed (and will be employed) to reduce the volume and toxicity of the fluid and to minimize the potentially adverse effect of the injection on the public health.</content></subparagraph> </paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num> <chapeau>For purposes of this part:</chapeau> <sidenote><p class="firstIndent1 fontsize8">“Underground injection.”</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>The term ‘underground injection’ means the subsurface emplacement of fluids by well injection.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num><content>Underground injection endangers drinking water sources if such injection may result in the presence in underground water which supplies or can reasonably be expected to supply any public water system of any contaminant, and if the presence of such contaminant may result in such system’s not complying with any national primary drinking water regulation or may otherwise adversely affect the health of persons.</content></paragraph> </subsection></section> <section><heading class="smallCaps centered">“state primary enforcement responsibility</heading> <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300h-1">42 USC 300h-1</ref>.</p></sidenote> <num value="1422"><inline class="smallCaps">“Sec.</inline> 1422. </num><subsection class="inline"><num value="a">(a) </num><content>Within 180 days after the date of enactment of this title, the Administrator shall list in the Federal Register each State for which in his judgment a State underground injection control program may be necessary to assure that underground injection will not endanger drinking water sources. Such list may be amended from time to time.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1)</num><subparagraph class="inline"><num value="A">(A) </num><chapeau>Each State listed under subsection (a) shall within 270 days after the date of promulgation of any regulation under section 1421 (or, if later, within 270 days after such State is first listed under subsection (a)) submit to the Administrator an application which contains a showing satisfactory to the Administrator that the State—</chapeau> <clause class="indent3 fontsize10"><num value="i">“(i) </num><content>has adopted after reasonable notice and public hearings, and will implement, an underground injection control program which meets the requirements of regulations in effect under section 1421; and</content></clause> <sidenote><p class="firstIndent1 fontsize8">Recordkeeping.</p></sidenote> <clause class="indent3 fontsize10"><num value="ii">“(ii) </num><content>will keep such records and make such reports with respect to its activities under its underground injection control program as the Administrator may require by regulation.</content></clause></subparagraph> <sidenote><p class="firstIndent1 fontsize8">Notice to Administrator.</p></sidenote> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>Within 270 days of any amendment of a regulation under section 1421 revising or adding any requirement respecting State underground injection control programs, each State listed under subsection (a) shall submit (in such form and manner as the Administra-<page identifier="/us/stat/88/1677">88 <inline class="smallCaps">Stat.</inline> 1677</page>tor may require) a notice to the Administrator containing a showing satisfactory to him that the State underground injection control program meets the revised or added requirement.</content> </subparagraph></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Within ninety days after the State’s application under paragraph (1) (A) or notice under paragraph (1) (B) and after reasonable opportunity for presentation of views, the Administrator shall by rule either approve, disapprove, or approve in part and disapprove in part, the State’s underground injection control program.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>If the Administrator approves the State’s program under paragraph (2), the, State shall nave primary enforcement responsibility for underground water sources until such time as the Administrator determines, by rule, that such State no longer meets the requirements of clause (i) or (ii) of paragraph (1)(A) of this subsection.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>Before promulgating any rule under paragraph (2) or (3) <sidenote><p class="firstIndent1 fontsize8">Hearing.</p></sidenote>of this subsection, the Administrator shall provide opportunity for public hearing respecting such rule.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><chapeau>If the Administrator disapproves a State’s program (or part thereof) under subsection (b)(2), if the Administrator determines under subsection (b) (3) that a State no longer meets the requirements of clause (i) or (ii) of subsection (b)(1)(A), or if a State fails to submit an application or notice before the date of expiration of the period specified in subsection (b)(1), the Administrator shall by <sidenote><p class="firstIndent1 fontsize8">Regulation.</p></sidenote>regulation within 90 days after the date of such disapproval, determination, or expiration (as the case may be) prescribe (and may from time to time by regulation revise) a program applicable to such State meeting the requirements of section 1421(b). Such program may not include requirements which interfere with or impede—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>the underground injection of brine or other fluids which are brought to the surface in connection with oil or natural gas production, or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>any underground injection for the secondary or tertiary recovery of oil or natural gas,</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">unless such requirements are essential to assure that underground sources of drinking water will not be endangered by such injection. Such program shall apply in such State to the extent that a program adopted by such State which the Administrator determines meets such requirements is not in effect. Before promulgating any regulation <sidenote><p class="firstIndent1 fontsize8">Hearing.</p></sidenote>under this section, the Administrator shall provide opportunity for public hearing respecting such regulation.</continuation></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><content>For purposes of this title, the term ‘applicable underground <sidenote><p class="firstIndent1 fontsize8">“Applicable underground injection control program.”</p></sidenote>injection control program’ with respect to a State means the program (or most recent amendment thereof) (1) which has been adopted program. by the State and which has been approved under subsection (b), or (2) which has been prescribed by the Administrator under subsection (c).</content></subsection></section> <section><heading class="smallCaps centered">“failure of state to assure enforcement of program</heading> <num value="1423">“<inline class="smallCaps">Sec.</inline> 1423. </num><subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1) </num><chapeau>Whenever the Administrator finds during a <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300h-2">42 USC 300h-2</ref>.</p></sidenote>period during which a State has primary enforcement responsibility for underground water sources (within the meaning of section 1422 (b) (3)) that any person who is subject to a requirement of an applicable underground injection control program in such State is violating such requirement, he shall so notify the State and the person violating <sidenote><p class="firstIndent1 fontsize8">Notice to State and violator.</p></sidenote>such requirement. If the Administrator finds such failure to comply extends beyond the thirtieth day after the date of such notice, he shall give public notice of such finding and request the State to report <sidenote><p class="firstIndent1 fontsize8">Public notice.</p></sidenote><page identifier="/us/stat/88/1678">88 <inline class="smallCaps">Stat.</inline> 1678</page>within 15 days after the date of such public notice as to the steps being taken to bring such person into compliance with such requirement (including reasons for anticipated steps to be taken to bring such person into compliance with such requirement and for any failure to take steps to bring such person into compliance with such requirement). If—</chapeau> <sidenote><p class="firstIndent1 fontsize8">Civil action, conditions.</p></sidenote> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>such failure to comply extends beyond the sixtieth day after the date of the notice given pursuant to the first sentence of this paragraph, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num><clause class="inline"><num value="i">(i) </num><content>the State fails to submit the report requested by the Administrator within the time period prescribed by the preceding sentence, or</content></clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>the State submits such report within such period but the Administrator, after considering the report, determines that by failing to take necessary steps to bring such person into compliance by such sixtieth day the State abused its discretion in carrying out primary enforcement responsibility for underground water sources,</content></clause></subparagraph> <continuation class="indent0 firstIndent0 fontsize10">the Administrator may commence a civil action under subsection (b)(1).</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Whenever the Administrator finds during a period during which a State, does not have primary enforcement responsibility for underground water sources that any person subject to any requirement of any applicable underground injection control program in such State is violating such requirement, he may commence a civil action under subsection (b)(1).</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1) </num><content>When authorized by subsection (a), the Administrator may bring a civil action under this paragraph in the appropriate United States district court to require compliance with any requirement of an applicable underground injection control program. The court may enter such judgment as protection of public health may require, including, in the case of an action brought against a person who violates an applicable requirement of an underground injection control program and who is located in a State which has primary <sidenote><p class="firstIndent1 fontsize8">Penalty.</p></sidenote>enforcement responsibility for underground water sources, the imposition of a civil penalty of not to exceed $5,000 for each day such person violates such requirement after the expiration of 60 days after receiving notice under subsection (a)(1).</content></paragraph> <sidenote><p class="firstIndent1 fontsize8">Penalty.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Any person who violates any requirement of an applicable underground injection control program to which he is subject during any period for which the State does not have primary enforcement responsibility for underground water sources (A) shall be subject to a civil penalty of not more than $5,000 for each day of such violation, or (B) if such violation is willful, such person may, in lieu of the civil penalty authorized by clause (B), be fined not more than $10,000 for each day of such violation.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><content>Nothing in this title shall diminish any authority of a State or political subdivision to adopt or enforce any law or regulation respecting underground injection but no such law or regulation shall relieve any person of any requirement otherwise applicable under this title.</content></subsection></section> <section><heading class="smallCaps centered">“interim regulation of underground injections</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300h-3">42 USC 300h-3</ref>.</p></sidenote> <num value="1424"><inline class="smallCaps">“Sec.</inline> 1424. </num><subsection class="inline"><num value="a">(a) </num><paragraph class="inline"><num value="1">(1) </num><content>Any person may petition the Administrator to have an area of a State (or States) designated as an area in which no new underground injection well may lie operated during the period beginning on the date of the designation and ending on the date on which the applicable underground injection control program covering <page identifier="/us/stat/88/1679">88 <inline class="smallCaps">Stat.</inline> 1679</page>such area takes effect unless a permit for the operation of such well has been issued by the Administrator under subsection (b). The Administrator may so designate an area within a State if he finds that the area has one aquifer which is the sole or principal drinking water source for the area and which, if contaminated, would create a significant hazard to public health.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Upon receipt of a petition under paragraph (1) of this subsection, <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>the Administrator shall publish it m the Federal Register and shall provide an opportunity to interested persons to submit written data, views, or arguments thereon. Not later than the 30th day following the date of the publication of a petition under this paragraph in the Federal Register, the Administrator shall either make the designation for which the petition is submitted or deny the petition.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><paragraph class="inline"><num value="1">(1) </num><content>During the period beginning on the date an area is designated under subsection (a) and ending on the date the applicable underground injection control program covering such area takes effect, no new underground injection well may be operated in such area unless the Administrator has issued a permit for such operation.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Any person may petition the Administrator for the issuance <sidenote><p class="firstIndent1 fontsize8">Well operation permit.</p></sidenote>of a permit for the operation of such a well in such an area. A petition submitted under this paragraph shall be submitted in such manner and contain such information as the Administrator may require by regulation. Upon receipt of such a petition, the Administrator shall <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>publish it in the Federal Register. The Administrator shall give notice of any proceeding on a petition and shall provide opportunity for agency hearing. The Administrator shall act upon such petition on the record of any hearing held pursuant to the preceding sentence respecting such petition. Within 120 days of the publication in the Federal Register of a petition submitted under this paragraph, the Administrator shall either issue the permit for which the petition was submitted or shall deny its issuance.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>The Administrator may issue a permit for the operation of a <sidenote><p class="firstIndent1 fontsize8">Conditions for issuance.</p></sidenote>new underground injection well in an area designated under subsection (a) only if he finds that the operation of such well will not cause contamination of the aquifer of such area so as to create a significant hazard to public health. The Administrator may condition the issuance of such a permit upon the use of such control measures in connection with the operation of such well, for which the permit is to be issued, as he deems necessary to assure that the operation of the well will not contaminate the aquifer of the designated area in which the well is located so as to create a significant hazard to public health.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><content>Any person who operates a new underground injection well in <sidenote><p class="firstIndent1 fontsize8">Penalty.</p></sidenote>violation of subsection (b), (1) shall be subject to a civil penalty of not more than $5,000 for each day in which such violation occurs, or (2) if such violation is willful, such person may, in lien of the civil penalty authorized by clause (1), be fined not more than $10,000 for each day in which such violation occurs. If the Administrator has reason to <sidenote><p class="firstIndent1 fontsize8">Temporary restraining order or injunction.</p></sidenote>believe that any person is violating or will violate subsection (b), he may petition the United States district court to issue a temporary restraining order or injunction (including a mandatory injunction) to enforce such subsection.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><content>For purposes of this section, the term ‘new underground injection <sidenote><p class="firstIndent1 fontsize8">“New underground injection well.”</p></sidenote>well’ means an underground injection well whose operation was not approved by appropriate State and Federal agencies before the date of the. enactment of this title.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num><content>If the Administrator determines, on his own initiative or upon <sidenote><p class="firstIndent1 fontsize8">Areas with one aquifer.</p></sidenote>petition, that an area has an aquifer which is the sole or principal drinking water source for the area and which, if contaminated, would <page identifier="/us/stat/88/1680">88 <inline class="smallCaps">Stat.</inline> 1680</page> <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>create a significant hazard to public health, he shall publish notice of that determination in the Federal Register. After the publication of any such notice, no commitment for Federal financial assistance (through a grant, contract, loan guarantee, or otherwise) may be entered into for any project which the Administrator determines may contaminate such aquifer through a recharge zone so as to create a significant hazard to public health, but a commitment for Federal financial assistance may, if authorized under another provision of law, be entered into to plan or design the project to assure that it will not so contaminate the aquifer.</content></subsection></section> </part> <part> <num value="D"><inline class="smallCaps">“Part D—</inline></num><heading class="inline"><inline class="smallCaps">Emergency Powers</inline></heading> <section><heading class="smallCaps centered">“emergency powers</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300i">42 USC 300i</ref>.</p></sidenote> <num value="1431">“<inline class="smallCaps">Sec.</inline> 1431. </num><subsection class="inline"><num value="a">(a) </num><content>Notwithstanding any other provision of this title, the Administrator, upon receipt of information that a contaminant which is present in or is likely to enter a public water system may present an imminent and substantial endangerment to the health of persons, and that appropriate State and local authorities have not acted to protect the health of such persons, may take such actions as he may deem necessary in order to protect the health of such poisons. To the extent he determines it to lie practicable in light of such imminent <sidenote><p class="firstIndent1 fontsize8">Consultation with State and local authorities.</p></sidenote>endangerment, he shall consult with the State and local authorities in order to confirm the correctness of the information on which action proposed to be taken under this subsection is based and to ascertain the action which such authorities are or will be taking. The action which the Administrator may take may include (but shall not be limited to) (1) issuing such orders as may be necessary to protect the health of persons who are or may be users of such system (including travelers), and (2) commencing a civil action for appropriate relief, including a restraining order or permanent or temporary injunction.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Penalty.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>Any person who willfully violates or fails or refuses to comply with any order issued by the Administrator under subsection (a) (1) may, in an action brought in the appropriate United States district court to enforce such order, be fined not more than $5,000 for each day in which such violation occurs or failure to comply continues.</content></subsection></section> </part> <part> <num value="E"><inline class="smallCaps">“Part E—</inline></num><heading class="inline"><inline class="smallCaps">General Provisions</inline></heading> <section><heading>“assurance of availability of adequate supplies of chemicals necessary for treatment of water</heading> <sidenote><p class="firstIndent1 fontsize8">Certification of need application.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300j">42 USC 300j</ref>.</p></sidenote> <num value="1441"><inline class="smallCaps">“Sec.</inline> 1441. </num><subsection class="inline"><num value="a">(a) </num><content>If any person who uses chlorine, activated carbon, lime, ammonia, soda ash, potassium permanganate, caustic soda, or other chemical or substance for the purpose of treating water in any public water system or in any public treatment works determines that the amount of such chemical or substance necessary to effectively treat such water is not reasonably available to him or will not be so available to him when required for the effective treatment of such water, such person may apply to the Administrator for a certification (hereinafter in this section referred to as a ‘certification of need’) that the amount of such chemical or substance which such person requires to effectively treat such water is not reasonably available to him or will not be so available when required for the effective treatment of such water.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Application requirements.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><paragraph class="inline"><num value="1">(1) </num><content>An application for a certification of need shall be in such form and submitted in such manner as the Administrator may require <page identifier="/us/stat/88/1681">88 <inline class="smallCaps">Stat.</inline> 1681</page>and shall (A) specify the persons the applicant determines are able to provide the chemical or substance with respect to which the application is submitted, (B) specify the persons from whom the applicant has sought such chemical or substance, and (C) contain such other information as the Administrator may require.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Upon receipt of an application under this section, the Administrator <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>shall (A) publish in the Federal Register a notice of the receipt of the application and a brief summary of it, (B) notify in writing each person whom the President or his delegate (after consultation with the Administrator) determines could be made subject to an order required to be issued upon the issuance of the certification of need applied for in such application, and (C) provide an opportunity for the submission of written comments on such application. The requirements of the preceding sentence of this paragraph shall <sidenote><p class="firstIndent1 fontsize8">Waiver.</p></sidenote>not apply when the Administrator for good cause finds (and incorporates the finding with a brief statement of reasons therefor in the order issued) that waiver of such requirements is necessary in order to protect the public health.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <chapeau>Within 30 days after—</chapeau> <sidenote><p class="firstIndent1 fontsize8">Certification, issuance or denial.</p></sidenote> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>the date a notice is published under paragraph (2) in the Federal Register with respect to an application submitted under this section for the issuance of a certification of need, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>the date on which such application is received if as authorized by the second sentence of such paragraph no notice is published with respect to such application,</content></subparagraph></paragraph> <continuation class="indent0 firstIndent0 fontsize10">the Administrator shall take action either to issue or deny the issuance of a certification of need.</continuation></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><paragraph class="inline"><num value="1">(1) </num><content>If the Administrator finds that the amount of a chemical or substance necessary for an applicant under an application submitted under this section to effectively treat water in a public water system or in a public treatment works is not reasonably available to the applicant or will not be so available to him when required for the effective treatment of such water, the Administrator shall issue a certification of need. Not later than seven days following the issuance of such certification, the President or his delegate shall issue an order requiring the provision to such person of such amounts of such chemical or substance as the Administrator deems necessary in the certification of need issued for such person. Such order shall apply to such manufacturers. producers, processors, distributors, and repackagers of such chemical or substance as the President or his delegate deems necessary and appropriate, except that such order may not apply to any manufacturer, producer, or processor of such chemical or substance who manufactures, produces, or processes (as the case may be) such chemical or substance solely for its own use. Persons subject to an order issued under this section shall be given a reasonable opportunity to consult with the President or his delegate with respect to the implementation of the order.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau>Orders which are to be issued under paragraph (1) to manufacturers, <sidenote><p class="firstIndent1 fontsize8">Apportionment.</p></sidenote>producers, and processors of a chemical or substance shall be equitably apportioned, as far as practicable, among all manufacturers, producers, and processors of such chemical or substance; and orders which are to be issued under paragraph (1) to distributors and repackagers of a chemical or substance shall be equitably apportioned, as far as practicable, among all distributors and repackagers of such chemical or substance. In apportioning orders issued under paragraph (1) to manufacturers, producers, processors, distributors, and repackagera of chlorine, the President or his delegate shall, in carrying out the requirements of the preceding sentence, consider—</chapeau> <page identifier="/us/stat/88/1682">88 <inline class="smallCaps">Stat.</inline> 1682</page> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>the geographical relationships and established commercial relationships between such manufacturers, producers, processors, distributors, and repackagers and the persons for whom the orders are issued;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>in the case of orders to be issued to producers of chlorine, the (i) amount of chlorine historically supplied by each such producer to treat water in public water systems and public treatment works, and (ii) share of each such producer of the total annual production of chlorine in the United States; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>such other factors as the President or his delegate may determine are relevant to the apportionment of orders in accordance with the requirements of the preceding sentence.</content> </subparagraph> </paragraph> <sidenote><p class="firstIndent1 fontsize8">Application for additional certifications.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>Subject to subsection (f), any person for whom a certification of need has been issued under this subsection may upon the expiration of the order issued under paragraph (1) upon such certification apply under this section for additional certifications.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><content>There shall be available as a defense to any action brought for breach of contract in a Federal or State court arising out of delay or failure to provide, sell, or offer for sale or exchange a chemical or substance subject to an order issued pursuant to subsection (c) (1), that such delay or failure was caused solely by compliance with such order.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Noncompliance, penalties.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num><paragraph class="inline"><num value="1">(1) </num><content>Whoever knowingly fails to comply with any order issued pursuant to subsection (c) (1) shall lie fined not more than $5,000 for each such failure to comply.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Whoever fails to comply with any order issued pursuant to subsection (c) (1) shall be subject to a civil penalty of not more than $2,500 for each such failure to comply.</content></paragraph> <sidenote><p class="firstIndent1 fontsize8">Temporary restraining order, preliminary or permanent injunction.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>Whenever the Administrator or the President or his delegate has reason to believe that any person is violating or will violate any order issued pursuant to subsection (c) (1), he may petition a United States district court to issue a temporary restraining order or preliminary or permanent injunction (including a mandatory injunction) to enforce the provision of such order.</content></paragraph> </subsection> <sidenote><p class="firstIndent1 fontsize8">Termination dates.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="f">“(f) </num><chapeau>No certification of need or order issued under this section may remain in effect—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>for more than one year, or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>after June 30, 1977,</content> </paragraph> <continuation class="indent0 firstIndent0 fontsize10">whichever occurs first.</continuation></subsection></section> <section><heading class="smallCaps centered">“research, technical, assistance, information, training of personnel</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300j-1">42 USC 300j-1</ref>.</p></sidenote> <num value="1442">“<inline class="smallCaps">Sec.</inline> 1442. </num><subsection class="inline"><num value="a">(a) </num><paragraph class="inline"><num value="1">(1) </num><chapeau>The Administrator may conduct research, studies, and demonstrations relating to the causes, diagnosis, treatment, control, and prevention of physical and mental diseases and other impairments of man resulting directly or indirectly from contaminants in water, or to the provision of a dependably safe supply of drinking water, including—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>improved methods (i) to identify and measure the existence of contaminants in drinking water (including methods which may be used by State and local health and water officials), and (ii) to identify the source of such contaminants;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>improved methods to identify and measure the health effects of contaminants in drinking water;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>new methods of treating raw water to prepare it for drinking, so as to improve the efficiency of water treatment and to remove contaminants from water;</content> <page identifier="/us/stat/88/1683">88 <inline class="smallCaps">Stat.</inline> 1683</page> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content>improved methods for providing a dependably safe supply of drinking water, including improvements in water purification and distribution, and methods of assessing the health related hazards of drinking water; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content>improved methods of protecting underground water sources of public water systems from contamination.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The Administrator shall, to the maximum extent feasible, provide <sidenote><p class="firstIndent1 fontsize8">Technical assistance to States.</p></sidenote>technical assistance to the States and municipalities in the establishment and administration of public water system supervision programs (as defined in section 1443(c) (1)).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>The Administrator shall conduct studies, and make periodic <sidenote><p class="firstIndent1 fontsize8"><i>Post,</i> p. 1684.</p> <p class="firstIndent1 fontsize8">Studies; reports to Congress.</p> <p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1662.</p> <p class="firstIndent1 fontsize8">Waste disposal, survey and study, transmittal to Congress.</p></sidenote>reports to Congress, on the costs of carrying out regulations prescribed under section 1412.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <chapeau>The Administrator shall conduct a survey and study of—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>disposal of waste (including residential waste) which may endanger underground water which supplies, or can reasonably be expected to supply, any public water systems, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>means of control of such waste disposal.</content></subparagraph> <continuation class="indent0 firstIndent0 fontsize10">Not later than one year after the date of enactment of this title, he shall transmit to the Congress the results of such survey and study, together with such recommendations as he deems appropriate.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>The Administrator shall carry out a study of methods of <sidenote><p class="firstIndent1 fontsize8">Studies.</p></sidenote>underground injection which do not result in the degradation of underground drinking water sources.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content>The Administrator shall carry out a study of methods of preventing, detecting, and dealing with surface spills of contaminants which may degrade underground water sources for public water systems. </content></paragraph> <paragraph class="indent1 fontsize10"><num value="7">“(7) </num><content>The Administrator shall carry out a study of virus contamination of drinking water sources and means of control of such contamination.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="8">“(8) </num> <content>The Administrator shall carry out a study of the nature and extent of the impact on underground water which supplies or can reasonably be expected to supply public water systems or (A) abandoned injection or extraction wells; (B) intensive application of pesticides and fertilizers in underground water recharge areas; and (C) ponds, pools, lagoons, pits, or other surface disposal of contaminants in underground water recharge areas.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">“(9) </num> <content>The Administrator shall conduct a comprehensive study of public water supplies and drinking water sources to determine the nature, extent, sources of and means of control of contamination by chemicals or other substances suspected of being carcinogenic. Not <sidenote><p class="firstIndent1 fontsize8">Transmittal to Congress.</p></sidenote>later than six months after the date of enactment of this title, he shall transmit to the Congress the initial results of such study, together with such recommendations for further review and corrective action as he deems appropriate.</content></paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><chapeau>In carrying out this title, the Administrator is authorized to—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>collect and make available information pertaining to research, investigations, and demonstrations with respect to providing a dependably safe supply of drinking water together with appropriate recommendations in connection therewith;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>make available research facilities of the Agency to appropriate public authorities, institutions, and individuals engaged in studies and research relating to the purposes of this title;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <chapeau>make grants to, and enter into contracts with, any public agency, educational institution, and any other organization, in accordance with procedures prescribed by the Administrator, under which he may pay all or a part of the costs (as may be <page identifier="/us/stat/88/1684">88 <inline class="smallCaps">Stat.</inline> 1684</page>determined by the Administrator) of any project or activity which is designed—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>to develop, expand, or carry out a program (which may combine training education and employment) for training persons for occupations involving the public health aspects of providing safe drinking water;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>to train inspectors and supervisory personnel to train or supervise persons in occupations involving the public health aspects of providing safe drinking water; or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content>to develop and expand the capability of programs of States and municipalities to carry out the purposes of this title (other than by carrying out State programs of public water system supervision or underground water source protection (as defined in section 1443(d))).</content></subparagraph></paragraph></subsection> <sidenote><p class="firstIndent1 fontsize8">Appropriations.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <content>There are authorized to be appropriated to carry out the provisions of this section $15,000,000 for the fiscal year ending June 30, 1975; $25,000,000 for the fiscal year ending June 30, 1976; and $35,000,000 for the fiscal year ending June 30, 1977.</content></subsection></section> <section><heading class="smallCaps centered">“grants for state programs</heading> <sidenote><p class="firstIndent1 fontsize8">Public water system supervision programs.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300j-2">42 USC 300j-2</ref>.</p></sidenote> <num value="1443">“<inline class="smallCaps">Sec.</inline> 1443. </num><subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1) </num><content>From allotments made pursuant to paragraph (4), the Administrator may make grants to States to carry out public water system supervision programs.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau>No grant may be made under paragraph (1) unless an application therefor has been submitted to the Administrator in such form and manner as he may require. The Administrator may not approve an application of a State for its first grant under paragraph (1) unless he determines that the State—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>has established or will establish within one year from the date of such grant a public water system supervision program, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>will, within that one year, assume primary enforcement responsibility for public water systems within the State.</content></subparagraph> <continuation class="indent0 firstIndent0 fontsize10">No grant may be made to a State under paragraph (1) for any period beginning more than one year after the date of the State’s first grant unless the State has assumed and maintains primary enforcement responsibility for public water systems within the State.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>A grant under paragraph (1) shall be made to cover not more than 75 per centum of the grant recipient’s costs (as determined under regulations of the Administrator) in carrying out, during the one-year period beginning on the date the grant is made, a public water system supervision program.</content> </paragraph> <sidenote><p class="firstIndent1 fontsize8">Allotment of sums.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>In each fiscal year the Administrator shall, in accordance with regulations, allot the sums appropriated for such year under paragraph (5) among the States on the basis of population, geographical area, number of public water systems, and other relevant factors. No State shall receive less than 1 per centum of the annual appropriation for grants under paragraph (1) : <proviso><i>Provided,</i> That the Administrator may, by regulation, reduce such percentage in accordance with the criteria specified in this paragraph:</proviso> <proviso><i>And provided further,</i> That such percentage shall not apply to grants allotted to Guam, American Samoa, or the Virgin Islands.</proviso></content> </paragraph> <sidenote><p class="firstIndent1 fontsize8">Appropriations.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>For purposes of making grants under paragraph (1) there are authorized to be appropriated $15,000,000 for the fiscal year ending June 30, 1976, and $25,000,000 for the fiscal year ending June 30, 1977.</content></paragraph></subsection> <page identifier="/us/stat/88/1685">88 <inline class="smallCaps">Stat.</inline> 1685</page> <subsection class="firstIndent1 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1) </num><content>From allotments made pursuant to paragraph (4), the <sidenote><p class="firstIndent1 fontsize8">Underground water source protection programs.</p></sidenote>Administrator may make grants to States to carry out underground water source protection programs.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="2">“(2) </num><chapeau>No grant may be made under paragraph (1) unless an application therefor has been submitted to the Administrator in such form and manner as he may require. The Administrator may not approve an application of a State for its first grant under paragraph (1) unless he determines that the State—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>has established or will establish within two years from the date of such grant an underground water source protection, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>will, within such two years, assume primary enforcement responsibility for underground water sources within the State.</content></subparagraph> <continuation class="indent0 firstIndent0 fontsize10">No grant may be made to a State under paragraph (1) for any period beginning more than two years after the date of the State’s first grant unless the State has assumed and maintains primary enforcement responsibility for underground water sources within the State.</continuation></paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>A grant under paragraph (1) shall be made to cover not more than 75 per centum of the grant recipient’s costs (as determined under regulations of the Administrator) in carrying out, during the one-year period beginning on the date the grant is made, an underground water source protection program.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>In each fiscal year the Administrator shall, in accordance <sidenote><p class="firstIndent1 fontsize8">Allotment of sums.</p></sidenote>with regulations, allot the sums appropriated for such year under paragraph (5) among the States on the basis of population, geographical area, and other relevant factors.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>For purposes of making grants under paragraph (1) there <sidenote><p class="firstIndent1 fontsize8">Appropriations.</p></sidenote>are authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1976, and $7,500,000 for the fiscal year ending June 30, 1977.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><chapeau>For purposes of this Section:</chapeau> <sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>The term ‘public water system supervision program’ means a program for the adoption and enforcement of drinking water regulations (with such variances and exemptions from such regulations under conditions and in a manner which is not less stringent than the conditions under, and the manner in. which variances and exemptions may be granted under sections 1415 and 1416) which are no less stringent than the national primary drinking water regulations under section 1412, and for keeping records and making reports required by section 1413(a)(3).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The term ‘underground water source protection program’ means a program for the adoption and enforcement of a program which meets the requirements of regulations under section 1421 and for keeping records and making reports required by section 1422(b)(1) (A) (ii).</content></paragraph></subsection></section> <section><heading class="smallCaps centered">“special study and demonstration project grants; guaranteed loans</heading> <num value="1444"><inline class="smallCaps">“Sec.</inline> 1444. </num><subsection class="inline"><num value="a">(a) </num><chapeau>The Administrator may make grants to any person <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300j-3">42 USC 300j-3</ref>.</p></sidenote>for the purposes of—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>assisting in the development and demonstration (including construction) of any project which will demonstrate a new or improved method, approach, or technology, for providing a dependably safe supply of drinking water to the public; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>assisting in the development and demonstration (including construction) of any project which will investigate and demonstrate health implications involved in the reclamation, recycling, <page identifier="/us/stat/88/1686">88 <inline class="smallCaps">Stat.</inline> 1686</page>and reuse of waste waters for drinking and the processes and methods for the preparation of safe and acceptable drinking water.</content></paragraph></subsection> <sidenote><p class="firstIndent1 fontsize8">Limitations.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><chapeau>Grants made by the Administrator under this section shall be subject to the following limitations:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>Grants under this section shall not exceed 66⅔ per centum of the total cost of construction of any facility and 75 per centum of any other costs, as determined by the Administrator.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Grants under this section shall not be made for any project involving the construction or modification of any facilities for any public water system in a State unless such project has been approved by the State agency charged with the responsibility for safety of drinking water (or if there is no such agency in a State, by the State health authority).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content>Grants under this section shall not lie made for any project unless the Administrator determines, after consulting the National Drinking Water Advisory Council, that such project will serve a useful purpose relating to the development and demonstration of new or improved techniques, methods, or technologies for the provision of safe water to the public for drinking.</content> </paragraph> <paragraph class="indent1 fontsize10"><num value="4">“(4) </num><content>Priority for grants under this section shall be given where there are known or potential public health hazards which require advanced technology for the removal of particles which are too small to be removed by ordinary treatment technology.</content></paragraph></subsection> <sidenote><p class="firstIndent1 fontsize8">Appropriations.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><content>For the purposes of making grants under subsections (a) and (b) of this section there are authorized to be appropriated $7,500,000 for the fiscal year ending June 30, 1975; and $7,500,000 for the fiscal year ending June 30, 1976; and $10,000,000 for the fiscal year ending June 30, 1977.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Loan guarantees to public water systems.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><content>The Administrator during the fiscal years ending June 30, 1975, and June 30, 1976, shall carry out a program of guaranteeing loans made by private lenders to small public water systems for the purpose of enabling such systems to meet national primary drinking water regulations (including interim regulations) prescribed under <sidenote><p class="firstIndent1 fontsize8">Conditions.</p> <p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1662.</p></sidenote>section 1412. No such guarantee may be made with respect to a system unless (1) such system cannot reasonably obtain financial assistance necessary to comply with such regulations from any other source, and (2) the Administrator determines that any facilities constructed with a loan guaranteed under this subsection is not likely to be made <sidenote><p class="firstIndent1 fontsize8">Indebtedness, limitation.</p></sidenote>obsolete by subsequent changes in primary regulations. The aggregate amount of indebtedness guaranteed with respect to any system may not exceed $50,000. The aggregate amount of indebtedness guaranteed <sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote>under this subsection may not exceed $50,000,000. The Administrator shall prescribe regulations to carry out this subsection.</content></subsection></section> <section><heading class="smallCaps centered">“records and inspections</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300j-4">42 USC 300j-4</ref>.</p></sidenote> <num value="1445"><inline class="smallCaps">“Sec.</inline> 1445. </num><subsection class="inline"><num value="a">(a) </num><content>Every person who is a supplier of water, who is or may be otherwise subject to a primary drinking water regulation prescribed under section 1412 or to an applicable underground injection control program (as defined in section 1422(c)), who is or may be subject to the permit requirement of section 1424 or to an order issued under section 1441, or who is a grantee, shall establish and maintain such records, make such reports, conduct such monitoring, and provide such information as the Administrator may reasonably require by regulation to assist him in establishing regulations under this title, in determining whether such person has acted or is acting in compliance with this title, or in administering any program of financial assistance under this title.</content></subsection> <page identifier="/us/stat/88/1687">88 <inline class="smallCaps">Stat.</inline> 1687</page> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><paragraph class="inline"><num value="1">(1) </num><content>Except as provided in paragraph (2), the Administrator, or representatives of the Administrator duly designated by him, upon presenting appropriate credentials and a written notice to any supplier of water or other person subject to a national primary drinking water regulation prescribed under section 1412 or applicable <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1662.</p></sidenote>underground injection control program (or person in charge of any of the property of such supplier or other person), is authorized to enter any establishment, facility, or other property of such supplier or other person in order to determine whether such supplier or other person has acted or is acting in compliance with this title, including for this purpose, inspection, at reasonable times, of records, files, papers, processes, controls, and facilities, or in order to test any feature of a public water system, including its raw water source. The <sidenote><p class="firstIndent1 fontsize8">Audit and examination of records.</p></sidenote>Administrator or the Comptroller General (or any representative designated by either) shall have access for the purpose of audit and examination to any records, reports, or information of a grantee which are required to be maintained under subsection (a) or which are pertinent to any financial assistance under this title.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>No entry may be made under the first sentence of paragraph <sidenote><p class="firstIndent1 fontsize8">Entry restrictions.</p></sidenote>(1) in an establishment, facility, or other property of a supplier of water or other person subject to a national primary drinking water regulation if the establishment, facility, or other property is located in a State which has primary enforcement responsibility for public water systems unless, before written notice of such entry is made, the Administrator (or his representative) notifies the State agency charged with responsibility for safe drinking water of the reasons for such entry. The Administrator shall, upon a showing by the State agency that such an entry will be detrimental to the administration of the State’s program of primary enforcement responsibility, take such showing into consideration in determining whether to make such entry. No State agency which receives notice under this paragraph of an entry proposed to be made under paragraph (1) may use the information contained in the notice to inform the person whose property is proposed to be entered of the proposed entry; and if a State agency so uses such information, notice to the agency under this paragraph is not required until such time as the Administrator determines the agency has provided him satisfactory assurances that it will no longer so use information contained in a notice under this paragraph.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <content>Whoever fails or refuses to comply with any requirement of <sidenote><p class="firstIndent1 fontsize8">Penalty.</p></sidenote>subsection (a) or to allow the Administrator, the Comptroller General, or representatives of either, to enter and conduct any audit or inspection authorized by subsection (b) may be fined not more than $5,000.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><paragraph class="inline"><num value="1">(1) </num><content>Subject to paragraph (2), upon a showing satisfactory to <sidenote><p class="firstIndent1 fontsize8">Confidential information.</p></sidenote>the Administrator by any person that any information required under this section from such person, if made public, would divulge trade secrets or secret processes of such person, the Administrator shall consider such information confidential in accordance with the purposes of section 1905 of title 18 of the United States Code. If the applicant fails to make a showing satisfactory to the Administrator, the Administrator shall give such applicant thirty days’ notice before releasing the information to which the application relates (unless the public health or safety requires an earlier release of such information).</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Any information required under this section (A) may be disclosed <sidenote><p class="firstIndent1 fontsize8">Information disclosure.</p></sidenote>to other officers, employees, or authorized representatives of the United States concerned with carrying out this title or to committees of the Congress, or when relevant in any proceeding under this title, and (B) shall be disclosed to the extent it deals with the level of contaminants in drinking water. For purposes of this subsection the <page identifier="/us/stat/88/1688">88 <inline class="smallCaps">Stat.</inline> 1688</page><sidenote><p class="firstIndent1 fontsize8">“Information required under this section.”</p></sidenote>term ‘information required under this section’ means any papers, books, documents, or information, or any particular part thereof, reported to or otherwise obtained by the Administrator under this section.</content> </paragraph> </subsection> <sidenote><p class="firstIndent1 fontsize8">“Grantee.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num> <content>For purposes of this section, (1) the term ‘grantee’ means any person who applies for or receives financial assistance, by grant, <sidenote><p class="firstIndent1 fontsize8">“Person.”</p></sidenote>contract, or loan guarantee under this title, and (2) the term ‘person’ includes a Federal agency.</content></subsection></section> <section><heading class="smallCaps centered">“national drinking water advisory council</heading> <sidenote><p class="firstIndent1 fontsize8">Establishment; membership.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300j-5">42 USC 300j-5</ref>.</p></sidenote> <num value="1446"><inline class="smallCaps">“Sec.</inline> 1446. </num><subsection class="inline"><num value="a">(a) </num><chapeau>There is established a National Drinking Water Advisory Council which shall consist of fifteen members appointed by the Administrator after consultation with the Secretary. Five members shall be appointed from the general public; five members shall be appointed from appropriate State and local agencies concerned with water hygiene and <sidenote><p class="firstIndent1 fontsize8">Term of office, exceptions.</p></sidenote>public water supply; and five members shall be appointed from representatives of private organizations or groups demonstrating an active interest in the field of water hygiene and public water supply. Each member of the Council shall hold office for a term of three years, except that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>the terms of the members first taking office shall expire as follows: Five shall expire three years after the date of enactment of this title, five shall expire two years after such date, and five shall expire one year after such date, as designated by the Administrator at the time of appointment.</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">The members of the Council shall be eligible for reappointment.</continuation></subsection> <sidenote><p class="firstIndent1 fontsize8">Functions.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>The Council shall advise, consult with, and make recommendations to, the Administrator on matters relating to activities, functions, and policies of the Agency under this title.</content> </subsection> <sidenote><p class="firstIndent1 fontsize8">Compensation.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <content>Members of the Council appointed under this section shall, while attending meetings or conferences of the Council or otherwise engaged in business of the Council, receive compensation and allowances at a rate to lie fixed by the Administrator, but not exceeding the daily equivalent of the annual rate of basic pay in effect for grade <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote>GS-18 of the General Schedule for each day (including traveltime) during which they are engaged in the actual performance of duties vested in the Council. While away from their homes or regular places of business in the performance of services for the Council, members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5 of the United States Code.</content></subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5">5 USC app. I</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num> <content>Section 14(a) of the Federal Advisory Committee Act (relating to termination) shall not apply to the Council.</content></subsection></section> <section><heading class="smallCaps centered">“federal agencies</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300j-6">42 USC 300j-6</ref>.</p></sidenote> <num value="1447"><inline class="smallCaps">“Sec.</inline> 1447. </num><subsection class="inline"><num value="a">(a) </num><content>Each Federal agency having jurisdiction over any federally owned or maintained public water system shall comply with all national primary drinking water regulations in effect under section <sidenote><p class="firstIndent1 fontsize8"><i>Ante,</i> p. 1662.</p> <p class="firstIndent1 fontsize8">Recordkeeping; reports.</p> <p class="firstIndent1 fontsize8">Waiver.</p></sidenote>1412, and each Federal agency shall comply with any applicable underground injection control program, and shall keep such records and submit such reports as may be required under such program.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>The Administrator shall waive compliance with subsection (a) upon request of the Secretary of Defense and upon a determination <page identifier="/us/stat/88/1689">88 <inline class="smallCaps">Stat.</inline> 1689</page>by the President that the requested waiver is necessary in the interest of national security. The Administrator shall maintain a written record <sidenote><p class="firstIndent1 fontsize8">Records, availability.</p></sidenote>of the basis upon which such waiver was granted and make such record available for in camera examination when relevant in a judicial proceeding under this title. Upon the issuance of such a waiver, the <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>Administrator shall publish in the Federal Register a notice that the waiver was granted for national security purposes, unless, upon the request of the Secretary of Defense, the Administrator determines to omit such publication because the publication itself would be contrary to the interests of national security, in which event the Administrator <sidenote><p class="firstIndent1 fontsize8">Notice to congressional committees.</p></sidenote>shall submit notice to the Armed Services Committee of the Senate and House of Representatives.</content></subsection></section> <section><heading class="smallCaps centered">“judicial review</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300j-7">42 USC 300j-7</ref>.</p></sidenote> <num value="1448"><inline class="smallCaps">“Sec.</inline> 1448. </num><subsection class="inline"><num value="a">(a) </num><chapeau>A petition for review of—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>action of the Administrator in promulgating any national primary drinking water regulation under section 1412, any regulation under section 1413(b)(1), any regulation under section 1414(c), any regulation for State underground injection control programs under section 1421, or any general regulation for the administration of this title may be filed only in the United States Court of Appeals for the District of Columbia Circuit; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>action of the Administrator in promulgating any other regulation under this title, issuing any order under this title, or making any determination under this title may be filed only in the United States court of appeals for the appropriate circuit.</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">Any such petition shall be filed within the 45-day period beginning on the date of the promulgation of the regulation or issuance of the order with respect to which review is sought or on the date of the determination with respect to which review is sought, and may lie filed after the expiration of such 45-day period if the petition is based solely on grounds arising after the expiration of such period. Action of the Administrator with respect to which review could have been obtained under this subsection shall not be subject to judicial review in any civil or criminal proceeding for enforcement or in any civil action to enjoin enforcement.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>The United States district courts shall have jurisdiction of <sidenote><p class="firstIndent1 fontsize8">Jurisdiction.</p></sidenote>actions brought to review (1) the granting of, or the refusing to grant, a variance or exemption under section 1415 or 1416 or (2) the requirements of any schedule prescribed for a variance or exemption under such section or the failure to prescribe such a schedule. Such an action may only be brought upon a petition for review filed with the court within the 45-day period beginning on the date the action sought to be reviewed is taken or, in the case of a petition to review the refusal to grant a variance or exemption or the failure to prescribe a schedule, within the 45-day period beginning on the date action is required to be taken on the variance, exemption, or schedule, as the case may be. A petition for such review may be filed after the expiration of such period if the petition is based solely on grounds arising after the expiration of such period. Action with respect to which review could have been obtained under this subsection shall not be subject to judicial review in any civil or criminal proceeding for enforcement or in any civil action to enjoin enforcement.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <content>In any judicial proceeding in which review is sought of a determination under this title required to be made on the record after notice and opportunity for hearing, if any party applies to the court for leave to adduce additional evidence and shows to the satisfaction <page identifier="/us/stat/88/1690">88 <inline class="smallCaps">Stat.</inline> 1690</page>of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Administrator, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Administrator, in such manner and upon such terms and conditions as the court may deem proper. The Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original determination, with the return of such additional evidence.</content></subsection> </section> <section><heading class="smallCaps centered">“citizen’s civil action</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300j-8">42 USC 300j-8</ref>.</p></sidenote> <num value="1449"><inline class="smallCaps">“Sec.</inline> 1449. </num><subsection class="inline"><num value="a">(a) </num><chapeau>Except as provided in subsection (b) of this section, any person may commence a civil action on his own behalf—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content>against any person (including (A) the United States, and (B) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of any requirement prescribed by or under this title, or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this title which is not discretionary with the Administrator.</content></paragraph> <continuation class="indent0 firstIndent0 fontsize10">No action may be brought under paragraph (1) against a public water system for a violation of a requirement prescribed by or under this title which occurred within the 27-month period beginning on the first <sidenote><p class="firstIndent1 fontsize8">Jurisdiction.</p></sidenote>day of the month in which this title is enacted. The United States district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce in an action brought under this subsection any requirement prescribed by or under this title or to order the Administrator to perform an act or duty described in paragraph (2), as the case may be.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <chapeau>No civil action may be commenced—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <chapeau>under subsection (a) (1) of this section respecting violation of a requirement prescribed by or under this title—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content>prior to sixty days after the plaintiff has given notice of such violation (i) to the Administrator, (ii) to any alleged violator of such requirement and (iii) to the State in which the violation occurs, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>if the Administrator, the Attorney General, or the State has commenced and is diligently prosecuting a civil action in a court of the United States to require compliance with such requirement, but in any such action in a court of the United States any person may intervene as a matter of right; or</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>under subsection (a)(2) of this section prior to sixty days after the plaintiff has given notice of such action to the Administrator.</content></paragraph> <sidenote><p class="firstIndent1 fontsize8">Notice.</p></sidenote> <continuation class="indent0 firstIndent0 fontsize10">Notice required by this subsection shall be given in such manner as the Administrator shall prescribe by regulation. No person may commence a civil action under subsection (a) to require a State to prescribe a schedule under section 1415 or 1416 for a variance or exemption, unless such person shows to the satisfaction of the court that the State has in a substantial number of cases failed to prescribe such schedules.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <content>In any action under this section, the Administrator or the Attorney General, if not a party, may intervene as a matter of right.</content> <page identifier="/us/stat/88/1691">88 <inline class="smallCaps">Stat.</inline> 1691</page> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num> <content>The court, in issuing any final order in any action brought <sidenote><p class="firstIndent1 fontsize8">Costs of litigation.</p></sidenote>under subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such an award is appropriate. The <sidenote><p class="firstIndent1 fontsize8">Filing of bond.</p></sidenote>court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure.</content> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18">18 USC app</ref>.</p></sidenote> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num> <content>Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any requirement prescribed by or under this title or to seek any other relief.</content></subsection></section> <section><heading class="smallCaps centered">“general provisions</heading> <num value="1450"><inline class="smallCaps">“Sec.</inline> 1450. </num><subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1) </num><content>The Administrator is authorized to prescribe <sidenote><p class="firstIndent1 fontsize8">Regulations.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300j-9">42 USC 300j-9</ref>.</p></sidenote>such regulations as are necessary or appropriate to carry out his functions under this title.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>The Administrator may delegate any of his functions under this title (other than prescribing regulations) to any officer or employee of the Agency.</content></paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num> <content>The Administrator, with the consent of the head of any other agency of the United States, may utilize such officers and employees of such agency as he deems necessary to assist him in carrying out the purposes of this title.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num> <content>Upon the request of a State or interstate agency, the Administrator may assign personnel of the Agency to such State or interstate agency for the purposes of carrying out the provisions of this title.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><paragraph class="inline"><num value="1">(1) </num><content>The Administrator may make payments of grants under <sidenote><p class="firstIndent1 fontsize8">Payments of grants.</p></sidenote>this title (after necessary adjustment on account of previously made underpayments or overpayments) in advance or by way of reimbursement, and in such installments and on such conditions as he may determine.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content>Financial assistance may be made available in the form of grants only to individuals and nonprofit agencies or institutions. For <sidenote><p class="firstIndent1 fontsize8">“Nonprofit agency or institution.”</p></sidenote>purposes of this paragraph, the term ‘nonprofit agency or institution’ means an agency or institution no part of the net earnings of which inure, or may lawfully inure, to the benefit of any private shareholder or individual.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"><num value="e">“(e) </num> <content>The Administrator shall take such action as may be necessary to assure compliance with provisions of the Act of March 3, 1931 (known as the Davis-Bacon Act; 40 U.S.C. 276a–276a(5)). The Secretary <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s276a">40 USC 276a note</ref>.</p></sidenote>of Labor shall have, with respect to the labor standards specified in this subsection, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5">5 USC app</ref>.</p></sidenote>section 2 of the Act of June 13, 1934 (40 U.S.C. 276c).</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="f">“(f) </num> <content>The Administrator shall request the Attorney General to appear and represent him in any civil action instituted under this title to which the Administrator is a party. Unless, within a reasonable time, the Attorney General notifies the Administrator that he will appear in such action, attorneys appointed by the Administrator shall appear and represent him.</content> </subsection> <subsection class="firstIndent1 fontsize10"><num value="g">“(g) </num> <content>The provisions of this title shall not be construed as affecting any authority of the Administrator under part G of title III of this Act.</content> </subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s264">42 USC 264</ref>.</p> <p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="h">“(h) </num> <content>Not later than April 1 of each year, the Administrator shall submit to the Committee on Commerce of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives a report respecting the activities of the Agency under this <page identifier="/us/stat/88/1692">88 <inline class="smallCaps">Stat.</inline> 1692</page>title and containing such recommendations for legislation as he considers necessary. The report of the Administrator under this subsection which is due not later than April 1, 1975, and each subsequent report of the Administrator under this subsection shall include a statement on the actual and anticipated cost to public water systems OMB review, submittal to congressional committees. in each State of compliance with the requirements of this title. The Office of Management and Budget may review any report required by this subsection before its submission to such committees of Congress, but the Office may not revise any such report, require any revision in any such report, or delay its submission beyond the day prescribed for its submission, and may submit to such committees of Congress its comments respecting any such report.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Discrimination, prohibition.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="i">“(i) </num><paragraph class="inline"><num value="1">(1) </num><chapeau>No employer may discharge any employee or otherwise discriminate against any employee with respect to his compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee) has—</chapeau> <subparagraph class="indent2 fontsize10"><num value="A">“(A) </num><content>commenced, caused to be commenced, or is about to commence or cause to be commenced a proceeding under this title or a proceeding for the administration or enforcement of drinking water regulations or underground injection control programs of a State,</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="B">“(B) </num><content>testified or is about to testify in any such proceeding, or</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="C">“(C) </num><content>assisted or participated or is about to assist or participate in any manner in such a proceeding or in any other action to carry out the purposes of this title.</content></subparagraph></paragraph> <sidenote><p class="firstIndent1 fontsize8">Filing of complaint.</p></sidenote> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num><subparagraph class="inline"><num value="A">(A) </num><content>Any employee who believes that he has been discharged or otherwise discriminated against by any person in violation of paragraph (1) may, within 30 days after such violation occurs, file (or have any person file on his behalf) a complaint with the Secretary of Labor (hereinafter in this subsection referred to as the ‘Secretary’) alleging such discharge or discrimination. Upon receipt of such a complaint, the Secretary shall notify the person named in the complaint of the filing of the complaint.</content></subparagraph> <sidenote><p class="firstIndent1 fontsize8">Investigation.</p></sidenote> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num><clause class="inline"><num value="i">(i) </num><content>Upon receipt of a complaint filed under subparagraph (A), the Secretary shall conduct an investigation of the violation alleged in the complaint. Within 30 days of the receipt of such complaint, the Secretary shall complete such investigation and shall notify in writing the complainant (and any person acting in his behalf) and the person alleged to have committed such violation of the results of the investigation conducted pursuant to this subparagraph. Within 90 days of the receipt of such complaint the Secretary shall, unless the proceeding on the complaint is terminated by the Secretary on the oasis of a settlement entered into by the Secretary and the person alleged to have committed such violation, issue an order either providing the relief prescribed by clause (ii) or denying the complaint. An order of the Secretary’ shall be made on the record after notice and opportunity for agency nearing. The Secretary may not enter into a settlement terminating a proceeding on a complaint without the participation and consent of the complainant.</content></clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content>If in response to a complaint filed under subparagraph (A) the Secretary determines that a violation of paragraph (1) has occurred, the Secretary shall order (I) the person who committed such violation to take affirmative action to abate the violation, (II) such person to reinstate the complainant to his former position together with the compensation (including back pay), terms, conditions, and privileges of his employment, (III) compensatory damages, and (IV) where appropriate, exemplary damages. If such an order is issued, the Secretary, at the request of the complainant, shall assess <page identifier="/us/stat/88/1693">88 <inline class="smallCaps">Stat.</inline> 1693</page>against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorneys’ fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued.</content> </clause> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num><subparagraph class="inline"><num value="A">(A) </num><content>Any person adversely affected or aggrieved by an order <sidenote><p class="firstIndent1 fontsize8">Petition for review.</p></sidenote>issued under paragraph (2) may obtain review of the order in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred. The petition for review must be filed within sixty days from the issuance of the Secretary’s order. Review shall conform to chapter 7 of title 5 of the United States Code. The commencement of proceedings under <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s701">5 USC 701</ref>.</p></sidenote>this subparagraph shall not, unless ordered by the court, operate as a stay of the Secretary’s order.</content></subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content>An order of the Secretary with respect to which review could have, been obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content>Whenever a person has failed to comply with an order issued <sidenote><p class="firstIndent1 fontsize8">Noncompliance, civil action.</p></sidenote>under paragraph (2) (B), the Secretary shall file a civil action in the United States District Court for the district in which the violation was found to occur to enforce such order. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief, compensatory. and exemplary damages. Civil actions filed under this paragraph shall be heard and decided expeditiously.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content>Any nondiscretionary duty imposed by this section is enforceable <sidenote><p class="firstIndent1 fontsize8">Mandamus proceeding.</p></sidenote>in mandamus proceeding brought under section 1361 of title 28 of the United States Code.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content>Paragraph (1) shall not apply with respect to any employee who, acting without direction from his employer (or the employer’s agent), deliberately causes a violation of any requirement of this title.”</content></paragraph></subsection></section></part> (b) Section 2(f) of the Public Health Service Act is amended by

42 USC 201.

inserting “(1)” after “except that” and by inserting before the semicolon at the end thereof the following: “, and (2) as used in title XIV such term includes Guam, American Samoa, and the Trust Territory

Ante, p. 1661.

of the Pacific Islands”.
rural water survey Sec. 3. (a) The Administrator of the Environmental Protection

42 USC 300f note.

Agency shall (after consultation with the Secretary of Agriculture and the several States) enter into arrangements with public or private entities as may be appropriate to conduct a survey of the quantity, quality, and availability of rural drinking water supplies. Such survey shall include, but not be limited to. the consideration of the number of residents in each rural area— (1) presently being inadequately served by a public or private drinking water supply system, or by an individual home drinking water supply system; (2) presently having limited or otherwise inadequate access to drinking water; (3) who, due to the absence or inadequacy of a drinking water supply system, are exposed to an increased health hazard; and (4) who have experienced incidents of chronic or acute illness, which may be attributed to the absence or inadequacy of a drinking water supply system. 88 Stat. 1694

Report to President and Congress.

 (b) Such survey shall be completed within eighteen months of the date of enactment of this Act and a final report thereon submitted, not later than six months after the completion of such survey, to the President for transmittal to the Congress. Such report shall include recommendations for improving rural water supplies.

Appropriations.

 (c) There are authorized to be appropriated to carry out the provisions of this section $1,000,000 for the fiscal year ending June 30, 1975; $2,000,000 for the fiscal year ending June 30, 1976; and $1,000,000 for the fiscal year ending June 30, 1977.
bottled drinking water Sec. 4. Chapter IV of the Federal Food. Drug, and Cosmetic Act is

21 USC 348.

amended by adding after section 409 the following new section:
“bottled drinking water standards

21 USC 349.

 “Sec. 410. Whenever the Administrator of the Environmental Protection Agency prescribes interim or revised national primary drinking water regulations under section 1412 of the Public Health Service

Ante, p. 1662.

Act, the Secretary shall consult with the Administrator and within 180 days after the promulgation of such drinking water regulations either promulgate amendments to regulations under this chapter applicable

Publication in Federal Register.

to bottled drinking water or publish in the Federal Register his reasons for not making such amendments.”.
Approved December 16, 1974.
Public Law 93–524: To deduct from gross tonnage in determining net tonnage those spaces on board vessels used for waste materials. Public Law 524 Public Law 93–524 88 Stat. 1694 1974-12-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–524 93rd Congress
AN ACT To deduct from gross tonnage in determining net tonnage those spaces on board vessels used for waste materials.

December 18, 1974

[S. 1353]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 4153 Vessels. Net tonnage for waste materials. of the Revised Statutes (46 U.S.C. 77) is amended by inserting following paragraph (d) the following new paragraph: “(e) Space occupied by machinery used exclusively to separate, clarify, purify, or process, a ship’s own slop oil mixture, tank-cleaning residue, bilge residue, or other waste materials, including sewage garbage, galley wastes, or trash and space occupied by any tank, tanks, or collection area used exclusively for the carriage or collection of such slop oil mixture, tank-cleaning residue, or other waste materials, but not to exceed a maximum space deduction established by regulations hereunder. The Secretary of the department in which the Coast Guard is operating in consultation with the Administrator of the Environmental Protection Agency, shall issue regulations to define the slop oil mixtures, cleaning residue, and waste materials, establish the maximum deductions which may be made, define the manner in which the spaces shall be used and marked, and as necessary otherwise to carry out the provisions of this paragraph.”
Sec. 2. Section 4153 of the Revised Statutes (46 U.S.C. 77) is further amended by redesignating existing paragraphs (e) through (i) as (f) through (j).
Approved December 18, 1974.
Public Law 93–525: To amend title 10, United States Code, by repealing the requirement that only certain officers with aeronautical ratings may command flying units of the Air Force. Public Law 525 Public Law 93–525 88 Stat. 1695 1974-12-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1695 Public Law 93–525 93rd Congress
AN ACT To amend title 10, United States Code, by repealing the requirement that only certain officers with aeronautical ratings may command flying units of the Air Force.

December 18, 1974

[S. 3906]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That title 10, United

Armed Forces.

Command of flying units.

States Code, is amended by repealing section 8577 (relating to the command of flying units of the Air Force) and by striking out the corresponding item in the analysis of chapter 845.
Approved December 18, 1974.
Public Law 93–526: To protect and preserve tape recordings of conversations involving former President Richard M. Nixon and made during his tenure as President, and for other purposes. Public Law 526 Public Law 93–526 88 Stat. 1695 1974-12-19 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–526 93rd Congress
AN ACT To protect and preserve tape recordings of conversations involving former President Richard M. Nixon and made during his tenure as President, and for other purposes.

December 19, 1974

[S. 4016]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may be

Presidential Recordings and Materials Preservation Act.

44 USC 2107 note.

cited as the “Presidential Recordings and Materials Preservation Act”.
<num value="I">TITLE I—</num> <heading class="inline">PRESERVATION OF PRESIDENTIAL RECORDINGS AND MATERIALS</heading> <section><heading class="smallCaps centered">delivery and retention of certain presidential materials</heading> <num value="101"><inline class="smallCaps">Sec.</inline> 101. </num><subsection class="inline"><num value="a">(a) </num><chapeau>Notwithstanding any other law or any agreement <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t44/s2107">44 USC 2107 note</ref>.</p></sidenote>understanding made pursuant to section 2107 of title 44. United States Code, any Federal employee in possession shall deliver, and the Administrator of General Services (hereinafter in this title referred to as the “Administrator”) shall receive, obtain, or retain, complete possession and control of all original tape recordings of conversations which were recorded or caused to be recorded by any officer or employee of the Federal Government and which—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>involve former President Richard M. Nixon or other individuals who, at the time of the conversation, were employed by the Federal Government;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>were recorded in the White House or in the office of the President in the Executive Office Buildings located in Washington, District of Columbia; Camp David, Maryland; Key Biscayne, Florida; or San Clemente, California; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>were recorded during the period beginning January 20, 1960, and ending August 9, 1974.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1) </num><content>Notwithstanding any other law or any agreement or understanding made pursuant to section 2107 of title 44, United States Code, the Administrator shall receive, retain, or make reasonable efforts to obtain, complete possession and control of all papers, documents, memorandums, transcripts, and other objects and materials which constitute the Presidential historical materials of Richard M. Nixon, covering the period beginning January 20, 1969, and ending August 9, 1974.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>For purposes of this subsection, the term “historical materials” <sidenote><p class="firstIndent1 fontsize8">“Historical materials.”</p></sidenote>has the meaning given it by section 2101 of title 44, United States Code.</content></paragraph></subsection></section> <page identifier="/us/stat/88/1696">88 <inline class="smallCaps">Stat.</inline> 1696</page> <section><heading class="smallCaps centered">availability of certain presidential materials</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t44/s2107">44 USC 2107 note</ref>.</p></sidenote> <num value="102"><inline class="smallCaps">Sec.</inline> 102. </num><subsection class="inline"><num value="a">(a) </num><content>None of the tape recordings or other materials referred to in section 101 shall be destroyed, except as hereafter may be provided by law.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>Notwithstanding any other provision of this title, any other law, or any agreement or understanding made pursuant to section 2107 of title 44, United States Code, the tape recordings and other materials referred to in section 101 shall, immediately upon the date of enactment of this title, be made available, subject to any rights, defenses, or privileges which the Federal Government or any person may invoke, for use in any judicial proceeding or otherwise subject to court subpena or other legal process. Any request by the Office of Watergate Special Prosecution Force, whether by court subpena or other lawful process, for access to such recordings or materials shall at all times have priority over any other request for such recordings or materials.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num><content>Richard M. Nixon, or any person whom he may designate in writing, shall at all times have access to the tape recordings and other materials referred to in section 101 for any purpose which is consistent with the provisions of this title, subsequent and subject to the regulations which the Administrator shall issue pursuant to section 103.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num><content>Any agency or department in the executive branch of the Federal Government shall at all times have access to the tape recordings and other materials referred to in section 101 for lawful Government use, subject to the regulations which the Administrator shall issue pursuant to section 103.</content></subsection></section> <section><heading class="smallCaps centered">regulations to protect certain tape recordings and other materials</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t44/s2107">44 USC 2107 note</ref>.</p></sidenote> <num value="103"><inline class="smallCaps">Sec.</inline> 103. </num><content>The Administrator shall issue at the earliest possible date such regulations as may be necessary to assure the protection of the tape recordings and other materials referred to in section 101 from loss or destruction, and to prevent access to such recordings and materials by unauthorized persons. Custody of such recordings and materials shall be maintained in Washington, District of Columbia, or its metropolitan area, except as may otherwise be necessary to carry out the provisions of this title.</content></section> <section><heading class="smallCaps centered">regulations relating to public access</heading> <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t44/s2107">44 USC 2107 note</ref>.</p></sidenote> <num value="104"><inline class="smallCaps">Sec.</inline> 104. </num><subsection class="inline"><num value="a">(a) </num><chapeau>The Administrator shall, within ninety days after the date of enactment of this title, submit to each House of the Congress a report proposing and explaining regulations that would provide public access to the tape recordings and other materials referred to in section 101. Such regulations shall take into account the following factors:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content>the need to provide the public with the full truth, at the earliest reasonable date, of the abuses of governmental power popularly identified under the generic term “Watergate”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>the need to make such recordings and materials available for use in judicial proceedings;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>the need to prevent general access, except in accordance with appropriate procedures established for use in judicial proceedings, to information relating to the Nation’s security;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content>the need to protect every individual’s right to a fair and impartial trial;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content>the need to protect any party’s opportunity to assert any legally or constitutionally based right or privilege which would prevent or otherwise limit access to such recordings and materials;</content> <page identifier="/us/stat/88/1697">88 <inline class="smallCaps">Stat.</inline> 1697</page> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content>the need to provide public access to those materials which have general historical significance, and which are not likely to be related to the need described in paragraph (1); and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content>the need to give to Richard M. Nixon, or his heirs, for his sole custody and use, tape recordings and other materials which are not likely to be related to the need described in paragraph (1) and are not otherwise of general historical significance.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><paragraph class="inline"><num value="1">(1) </num><content>The regulations proposed by the Administrator in the report required by subsection (a) shall take effect upon the expiration of ninety legislative days after the submission of such report, unless such regulations are disapproved by a resolution adopted by either House of the Congress during such period.</content></paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content>The Administrator may not issue any regulation or make any change in a regulation if such regulation or change is disapproved by either House of the Congress under this subsection.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content>The provisions of this subsection shall apply to any change in the regulations proposed by the Administrator in the report required by subsection (a). Any proposed change shall take into account the factors described in paragraph (1) through paragraph (7) of subsection (a), and such proposed change shall be submitted by the Administrator in the same manner as the report required by subsection (a).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <chapeau>Paragraph (5) is enacted by the Congress—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content>as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it shall be considered as part of the rules of each House, respectively, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content>with full recognition of the constitutional right of either House to change such rules (as far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num><subparagraph class="inline"><num value="A">(A) </num><content>Any resolution introduced under paragraph (1) shall be referred to a committee by the Speaker of the House or by the President of the Senate, as the case may be.</content></subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content>If the committee to which any such resolution is referred has not reported any resolution relating to any regulation or change proposed by the Administrator under this section before the expiration of sixty calendar days after the submission of any such proposed regulation or change, it shall then be in order to move to discharge the committee from further consideration of such resolution.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content>Such motion may be made only by a person favoring the resolution, and such motion shall be privileged. An amendment to such motion is not in order, and it is not in order to move to reconsider the vote by which such motion is agreed to or disagreed to.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content>If the motion to discharge is agreed to or disagreed to, such motion may not be renewed.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">(E) </num> <content>When the committee has reported, or has been discharged from further consideration of, a resolution introduced under paragraph (1), it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of such resolution. Such motion shall be privileged. An amendment to such motion is not in order, and it is not in order to move to reconsider the vote by which such motion is agreed to or disagreed to.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content>For purposes of this subsection, the term “legislative days” <sidenote><p class="firstIndent1 fontsize8">“Legislative days.”</p></sidenote>does not include any calendar day on which both Houses of the Congress are not in session.</content></paragraph></subsection> <page identifier="/us/stat/88/1698">88 <inline class="smallCaps">Stat.</inline> 1698</page> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num><content>The provisions of this title shall not apply, on and after the date upon which regulations proposed by the Administrator take effect under subsection (b), to any tape recordings or other materials given to Richard M. Nixon, or his heirs, pursuant to subsection (a) (7).</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">(d) </num><content>The provisions of this title shall not in any way affect the rights, limitations or exemptions applicable under the Freedom of Information Act, 5 U.S.C. § 552 et seq.</content></subsection></section> <section><heading class="smallCaps centered">judicial review</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t44/s2107">44 USC 2107 note</ref>.</p></sidenote> <num value="105"><inline class="smallCaps">Sec.</inline> 105. </num><subsection class="inline"><num value="a">(a) </num><content>The United States District Court for the District of Columbia shall have exclusive jurisdiction to hear challenges to the legal or constitutional validity of this title or of any regulation issued under the authority granted by this title, and any action or proceeding involving the question of title, ownership, custody, possession, or control of any tape recording or material referred to in section 101 or involving payment of any just compensation which may be due in connection therewith. Any such challenge shall be treated by the court as a matter requiring immediate consideration and resolution, and such challenge shall have priority on the docket of such court over other cases.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Separability.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">(b) </num><content>If, under the procedures established by subsection (a), a judicial decision is rendered that a particular provision of this title, or a particular regulation issued under the authority granted by this title, is unconstitutional or otherwise invalid, such decision shall not affect in any way the validity or enforcement of any other provision of this title or any regulation issued under the authority granted by this title.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Compensation.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="c">(c) </num><content>If a final decision of such court holds that any provision of this title has deprived an individual of private property without just compensation, then there shall be paid out of the general fund of the Treasury of the United States such amount or amounts as may be adjudged just by that court.</content></subsection></section> <section> <heading class="smallCaps centered">authorization of appropriations</heading> <num value="106"><inline class="smallCaps">Sec.</inline> 106. </num><content>There is authorized to be appropriated such sums as may be necessary to carry out the provisions of this title.</content> </section> <num value="II">TITLE II—</num><heading class="inline">PUBLIC DOCUMENTS COMMISSION</heading> <sidenote><p class="firstIndent1 fontsize8">Public Documents Act.</p></sidenote> <section><heading class="smallCaps centered">short title</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t44/s3315">44 USC 3315 note</ref>.</p></sidenote> <num value="201"><inline class="smallCaps">Sec.</inline> 201. </num> <content>This title may be cited as the “<shortTitle role="title">Public Documents Act</shortTitle>”.</content></section> <section> <heading class="smallCaps centered">establishment of study commission</heading> <num value="202"><inline class="smallCaps">Sec.</inline> 202. </num><content>Chapter 33 of title 44, United States Code, is amended by adding at the. end thereof the following new sections: <quotedContent> <section><num value="3315">“§ 3315. </num><heading>Definitions</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t44/s3315">44 USC 3315</ref>.</p> <p class="firstIndent1 fontsize8"><i>Post,</i> pp. 1699, 1701.</p></sidenote> <chapeau>“For purposes of this section and section 3316 through section 3324 of this title—</chapeau> <paragraph class="indent1 fontsize10"><num value="1">“(1) </num><content>the term ‘Federal official’ means any individual holding the office of President or Vice President of the United States, or Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States, or any officer of the executive, judicial, or legislative branch of the Federal Government;</content></paragraph> <page identifier="/us/stat/88/1699">88 <inline class="smallCaps">Stat.</inline> 1699</page> <paragraph class="indent1 fontsize10"><num value="2">“(2) </num><content>the term ‘Commission’ means the National Study Commission on Records and Documents of Federal Officials; and</content></paragraph> <paragraph class="indent1 fontsize10"><num value="3">“(3) </num><content>the term ‘records and documents’ shall include handwritten and typewritten documents, motion pictures, television tapes and recordings, magnetic tapes, automated data processing documentation in various forms, and other records that reveal the history of the Nation.</content></paragraph></section> <section><num value="3316">“§ 3316. </num><heading >Establishment of Commission</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t44/s3316">44 USC 3316</ref>.</p> <p class="firstIndent1 fontsize8">National Study Commission on Records and Documents of Federal Officials.</p></sidenote> <content>“There is established a commission to be known as the National Study Commission on Records and Documents of Federal Officials.</content></section> <section><num value="3317">“§ 3317. </num><heading>Duties of Commission</heading> <chapeau>“It shall be the duty of the Commission to study problems and 44 USC 3317. questions with respect to the control, disposition, and preservation of records and documents produced by or on behalf of Federal officials, with a view toward the development of appropriate legislative recommendations and other recommendations regarding appropriate rules and procedures with respect to such control, disposition, and preservation. Such study shall include consideration of—</chapeau> <paragraph class="indent1 fontsize10"><num value="1">“(1) </num><content>whether the historical practice regarding the records and documents produced by or on behalf of Presidents of the United States should be rejected or accepted and whether such practice should be made applicable with respect to all Federal officials;</content></paragraph> <paragraph class="indent1 fontsize10"><num value="2">“(2) </num><content>the relationship of the findings of the Commission to the provisions of chapter 19 of this title, section 2101 through section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t44/s1901">44 USC 1901</ref>.</p> <ref href="/us/usc/t44/s2101/2108">44 USC 2101, 2108</ref>.<p class="firstIndent1 fontsize8"><ref href="/us/usc/t44/s1901">44 USC 1901</ref>.</p> <ref href="/us/usc/t44/s2101/2108">44 USC 2101, 2108</ref>.</sidenote>2108 of this title, and other Federal laws relating to the control, disposition, and preservation of records and documents of Federal officials;</content></paragraph> <paragraph class="indent1 fontsize10"><num value="3">“(3) </num><content>whether the findings of the Commission should affect the control, disposition, and preservation of records and documents of agencies within the Executive Office of the President created for short-term purposes by the President;</content></paragraph> <paragraph class="indent1 fontsize10"><num value="4">“(4) </num><content>the recordkeeping procedures of the White House Office, with a view toward establishing means to determine which records and documents are produced by or on behalf of the President;</content></paragraph> <paragraph class="indent1 fontsize10"><num value="5">“(5) </num><content>the nature of rules and procedures which should apply to the control, disposition, and preservation of records and documents produced by Presidential task forces, commissions, and boards;</content></paragraph> <paragraph class="indent1 fontsize10"><num value="6">“(6) </num><content>criteria which may be used generally in determining the scope of materials which should be considered to be the records and documents of Members of the Congress;</content></paragraph> <paragraph class="indent1 fontsize10"><num value="7">“(7) </num><content>the privacy interests of individuals whose communications with Federal officials, and with task forces, commissions, and boards, are a part of the records and documents produced by such officials, task forces, commissions, and boards; and</content></paragraph> <paragraph class="indent1 fontsize10"><num value="8">“(8) </num><content>any other problems, questions, or issues which the Commission considers relevant to carrying out its duties under section 3315 through section 3324 of this title.</content></paragraph></section> <section><num value="3318">“§ 3318. </num><heading>Membership</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t44/s3318">44 USC 3318</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">“(a)</num><paragraph class="inline"><num value="1">(1) </num><chapeau>The Commission shall be composed of seventeen members as follows:</chapeau> <subparagraph class="indent2 fontsize10"><num value="A">“(A) </num><content>one Member of the House of Representatives appointed by the Speaker of the House upon recommendation made by the majority leader of the House;</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="B">“(B) </num><content>one Member of the House of Representatives appointed <page identifier="/us/stat/88/1700">88 <inline class="smallCaps">Stat.</inline> 1700</page>by the Speaker of the House upon recommendation made by the minority leader of the House;</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="C">“(C) </num><content>one Member of the Senate appointed by the President pro tempore of the Senate upon recommendation made by the majority leader of the Senate;</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="D">“(D) </num><content>one Member of the Senate appointed by the President pro tempore of the Senate upon recommendation made by the minority leader of the Senate;</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="E">“(E) </num><content>one Justice of the Supreme Court, appointed by the Chief Justice of the United States;</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="F">“(F) </num><content>one person employed by the Executive Office of the President or the White House Office, appointed by the President;</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="G">“(G) </num><content>three appointed by the President, by and with the advice and consent of the Senate, from persons who are not officers or employees of any government and who are specially qualified to serve on the Commission by virtue of their education, training, or experience;</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="H">“(H) </num><content>one representative of the Department of State, appointed by the Secretary of State;</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="I">“(I) </num><content>one representative of the Department of Defense, appointed by the Secretary of Defense;</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="J">“(J) </num><content>one representative of the Department of Justice, appointed by the Attorney General;</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="K">“(K) </num><content>the Administrator of General Services (or his delegate);</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="L">“(L) </num><content>the Librarian of Congress;</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="M">“(M) </num><content>one member of the American Historical Association, appointed by the counsel of such Association;</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="N">“(N) </num><content>one member of the Society of American Archivists, appointed by such Society; and</content></subparagraph> <subparagraph class="indent2 fontsize10"><num value="O">“(O) </num><content>one member of the Organization of American Historians, appointed by such Organization.</content></subparagraph></paragraph> <paragraph class="indent1 fontsize10"><num value="2">“(2) </num><content>No more than two members appointed under paragraph (1) (G) may be of the same political party.</content></paragraph></subsection> <sidenote><p class="firstIndent1 fontsize8">Vacancies.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>A vacancy in the Commission shall lie filled in the manner in which the original appointment was made.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><content>If any member of the Commission who was appointed to the Commission as a Member of the Congress leave such office, or if any member of the Commission who was appointed from persons who are not officers or employees of any government becomes an officer or employee of a government, he may continue as a member of the Commission for no longer than the sixty-day period beginning on the date he leaves such office or becomes such an officer or employee, as the case may be.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><content>Members shall be appointed for the life of the Commission.</content></subsection> <sidenote><p class="firstIndent1 fontsize8">Compensation.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="e">“(e)</num><paragraph class="inline"><num value="1">(1) </num><content>Members of the Commission shall serve without pay.</content></paragraph> <paragraph class="indent1 fontsize10"><num value="2">“(2) </num><content>While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses in the same manner as persons employed intermittently in the service of the Federal Government are allowed expenses under section 5703(b) of title 5, United States Code, except that per diem in lieu of subsistence shall be paid only to those members of the Commission who are not full-time officers or employees of the United States or Members of the Congress.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="f">“(f) </num><content>The Chairman of the Commission shall be designated by the President from among members appointed under subsection (a)(1) (G).</content></subsection> <page identifier="/us/stat/88/1701">88 <inline class="smallCaps">Stat.</inline> 1701</page> <subsection class="firstIndent1 fontsize10"><num value="g">“(g) </num><content>The Commission shall meet at the call of the Chairman or a majority of its members.</content></subsection></section> <section><num value="3319">“§ 3319. </num><heading>Director and staff; experts and consultants</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t44/s3319">44 USC 3319</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><content>The Commision shall appoint a Director who shall be paid at a rate not to exceed the rate of basic pay in effect for level V of the Executive Schedule (5 U.S.C. 5316).</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>The Commission may appoint and fix the pay of such additional personnel as it deems necessary.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><paragraph class="inline"><num value="1">(1) </num><content>The Commission may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS-15 of the General Schedule (5 U.S.C. 5332).</content></paragraph> <paragraph class="indent1 fontsize10"><num value="2">“(2) </num><content>In procuring services under this subsection, the Commission shall seek to obtain the advice and assistance of constitutional scholars and members of the historical, archival, and journalistic professions.</content></paragraph></subsection> <subsection class="firstIndent1 fontsize10"><num value="d">“(d) </num><content>Upon request of the Commission, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist it in carrying out its duties under sections 3315 through 3324 of this title.</content></subsection></section> <section><num value="3320">“§ 3320. </num><heading>Powers of Commission</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t44/s3320">44 USC 3320</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><content>The Commission may, for the purpose of carrying out its duties under sections 3315 through 3324 of this title, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission may deem desirable.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>When so authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="c">“(c) </num><content>The Commission may secure directly from any department or agency of the United States information necessary to enable the Commission to carry out its duties under section 3315 through section 3324 of this title. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission.</content></subsection></section> <section><num value="3321">“§ 3321. </num><heading>Support services</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t44/s3321">44 USC 3321</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"><num value="a">“(a) </num><content>The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services and assistance as the Commission may request.</content></subsection> <subsection class="firstIndent1 fontsize10"><num value="b">“(b) </num><content>The Archivist of the United States shall provide to the Commission on a reimbursable basis such technical and expert advice, consultation, and support assistance as the Commission may request.</content></subsection></section> <section><num value="3322">“§ 3322. </num><heading>Report</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t44/s3322">44 USC 3322</ref>.</p> <p class="firstIndent1 fontsize8">Report to President and Congress.</p></sidenote> <content>“The Commission shall transmit to the President and to each House Report to of the Congress a report not later than March 31, 1976. Such report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation, administrative actions, and other actions, as it deems appropriate.</content></section> <section><num value="3323">“§ 3323. </num><heading>Termination</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t44/s3323">44 USC 3323</ref>.</p></sidenote> <content>“The Commission shall cease to exist sixty days after transmitting its report under section 3322 of this title.</content></section> <section><num value="3324">“§ 3324. </num><heading>Authorization of appropriations</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t44/s3324">44 USC 3324</ref>.</p></sidenote> <content>“There is authorized to be appropriated such sums as may be necessary to carry out section 3315 through section 3324 of this title.”.</content></section></quotedContent></content></section> <page identifier="/us/stat/88/1702">88 <inline class="smallCaps">Stat.</inline> 1702</page> <section> <heading class="smallCaps centered">technical amendment</heading> <num value="203"><inline class="smallCaps">Sec.</inline> 203. </num><content>The table of sections for chapter 33 of title 44, United States Code, is amended by adding at the end thereof the following new items: <quotedContent> <toc> <referenceItem><designator>“3315. </designator><label>Definitions.</label></referenceItem> <referenceItem><designator>“3316. </designator><label>Establishment of Commission.</label></referenceItem> <referenceItem><designator>“3317. </designator><label>Duties of Commission.</label></referenceItem> <referenceItem><designator>“3318. </designator><label>Membership.</label></referenceItem> <referenceItem><designator>“3319. </designator><label>Director and staff; experts and consultants.</label></referenceItem> <referenceItem><designator>“3320. </designator><label>Powers of Commission.</label></referenceItem> <referenceItem><designator>“3321. </designator><label>Support services.</label></referenceItem> <referenceItem><designator>“3322. </designator><label>Report.</label></referenceItem> <referenceItem><designator>“3323. </designator><label>Termination.</label></referenceItem> <referenceItem><designator>“3324. </designator><label>Authorization of appropriations.”.</label></referenceItem> </toc> </quotedContent> </content> </section> Approved December 19, 1974.
Public Law 93–527: To amend title 38 of the United States Code to liberalize the provisions relating to payment of disability and death pension and dependency and indemnity compensation, to increase income limitations, and for other purposes. Public Law 527 Public Law 93–527 88 Stat. 1702 1974-12-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–527 93rd Congress
AN ACT To amend title 38 of the United States Code to liberalize the provisions relating to payment of disability and death pension and dependency and indemnity compensation, to increase income limitations, and for other purposes.

December 21, 1974

[S. 4040]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Veterans and Survivors Pension Adjustment Act of 1974.

38 USC 521 note.

Unmarried veterans.

be cited as the “Veterans and Survivors Pension Adjustment Act of 1974”.
Sec. 2. Section 521 of title 38, United States Code, is amended as follows: (1) by amending subsection (b) to read as follows: “(b) If the veteran is unmarried (or married but not living with and not reasonably contributing to the support of his spouse) and has no child, pension shall be paid according to the following formula: If annual income is $300 or less, the monthly rate of pension shall be $160. For each $1 of annual income in excess of $300 up to and including $500, the monthly rate shall be reduced 3 cents; for each $1 annual income in excess of $500 up to and including $900, the monthly rate shall be reduced 4 cents; for each $1 of annual income in excess of $900 up to and including $1,500, the monthly rate shall be reduced 5 cents; for each $1 of annual income in excess of $1,500 up to and including $1,900, the monthly rate shall be reduced 6 cents; for each $1 of annual income in excess of $1,900 up to and including $2,300, the monthly rate shall be reduced 7 cents; and for each $1 of annual income in excess of $2,300 up to and including $3,000, the monthly rate shall be reduced 8 cents; but in no event shall the monthly rate of pension be less than $5. No pension shall be paid if annual income exceeds $3,000.”; (2) by amending subsection (c) to read as follows:

Veterans with dependents.

 “(c) If the veteran is married and living with or reasonably contributing to the support of his spouse, or has a child or children, pension shall be paid according to the following formula: If annual income is $500 or less, the monthly rate of pension shall be $172 for a veteran and one dependent, $177 for a veteran and two dependents, and $182 for three or more dependents. For each $1 of annual income in excess of $500 up to and including $700, the monthly rate shall be reduced 2 cents; for each $1 of annual income in excess of $700 up to 88 Stat. 1703and including $1,800, the monthly rate shall be reduced 3 cents; for each $1 of animal income in excess of $1,800 up to and including $3,000, the monthly rate shall be reduced 4 cents; for each $1 of annual income in excess of $3,000 up to and including $3,500, the monthly rate, shall be reduced 5 cents: for each $1 of annual income in excess of $3,500 up to and including $3,800, the monthly rate shall be reduced 6 cents; for each $1 of annual income in excess of $3,800 up to and including $4,000, the monthly rate shall be reduced 7 cents; and for each $1 of annual income in excess of $4,000 up to and including $4,200, the monthly rate shall lie reduced 8 cents. No pension shall be paid if annual income exceeds $4,200.”; (3) by amending subsection (d) by striking out “$110” and inserting in lieu thereof “$123”; and (4) by amending subsection (e) by striking out “$44” and inserting in lieu thereof “$49”.
Sec. 3. Section 541 of title 38, United States Code, is amended as

Widows with no children.

follows: (1) by amending subsection (b) to read as follows: “(b) If there is no child, pension shall be paid according to the following formula: If annual income is $300 or less, the monthly rate of pension shall be $108. For each $1 of annual income in excess of $300 up to and including $600, the monthly rate shall lie reduced 1 cent; for each $1 of annual income in excess of $600 up to and including $900, the monthly rate shall be reduced 3 cents; for each $1 of annual income in excess of $900 up to and including $2,100, the monthly rate shall lie reduced 4 cents; and for each $1 of annual income in excess of $2,100 up to and including $3,000, the monthly rate shall be reduced 5 cents; but in no event shall the monthly rate of pension be less than $5. No pension shall be paid if annual income exceeds $3,000.”; (2) by amending subsection (c) to read as follows: “(c) If there is a widow and one child, pension shall be paid according

Widows with one child.

to the following formula: If annual income is $700 or less, the monthly rate of pension shall be $128. For each $1 of annual income in excess of $700 up to and including $1,100, the monthly rate shall be reduced 1 cent; for each $1 of annual income in excess of $1,100 up to and including $2,100, the monthly rate shall be reduced 2 cents; for each $1 of annual income in excess of $2,100 up to and including $3,000, the monthly rate shall be reduced 3 cents; and for each $1 of annual income in excess of $3,000 up to and including $4,200, the monthly rate shall be reduced 4 cents. Whenever the monthly rate payable to the widow under the foregoing formula is less than the amount which would be payable to the child under section 542 of this title if the widow were not entitled, the widow will be paid at the child’s rate. No pension shall be paid if the annual income exceeds $4,200.”; (3) by amending subsection (d) by striking out “$18” and inserting in lieu thereof “$20”; and (4) by adding at the end thereof the following new subsection: “(f) As used in this section and section 542 of this title, the term

“Veterans.”

‘veteran’ includes a person who has completed at least two years of honorable active military, naval, or air service, as certified by the Secretary concerned, but whose death in such service was not in line of duty.”.
Sec. 4. Section 542 of title 38, United States Code, is amended as

Children.

 follows:88 Stat. 1704 (1) by amending subsection (a) by striking out “$44” and “$18” and inserting in lieu thereof “$49” “$20”, respectively; and (2) by amending subsection (c) by striking out “$2,000” and inserting in lieu thereof “$2,400”.
Sec. 5. Section 544 of title 38, United States Code, is amended by striking out “$55” and inserting in lieu thereof “$64”.

Annual income limitations, increase.

38 USC 521 note.
Sec. 6. Section 4 of Public Law 90–275 (82 Stat. 68) is amended to read as follows:
“Sec. 4. The annual income limitations governing payment of pension under the first sentence of section 9(b) of the Veterans’ Pension

38 USC 521 note.

Act of 1959 hereafter shall be $2,600 and $3,900, instead of $2,200 and $3,500, respectively.”.

One parent.
Sec. 7. Section 415 of title 38, United States Code, is amended as follows: (1) by amending subsection (b) to read as follows: “(b) (1) Except as provided in paragraph (2) of this subsection, if there is only one parent, dependency and indemnity compensation shall be, paid to him according to the following formula: If annual income is $800 or less, the monthly rate of dependency and indemnity compensation shall be $123. For each $1 of annual income in excess of $800 up to and including $1,000, the monthly rate shall be reduced 3 cents; for each $1 of annual income in excess of $1,000 up to and including $1,300, the monthly rate shall be reduced 4 cents; for each $1 of annual income in excess of $1,300 up to and including $1,600, the monthly rate shall be reduced 5 cents; for each $1 of annual income in excess of $1,600 up to and including $1,800, the monthly rate shall be reduced 6 cents; for each $1 of annual income in excess of $1,800 up to and including $2,000, the monthly rate shall be reduced 7 cents; and for each $1 annual income in excess of $2,000 up to and including $3,000, the monthly rate shall be reduced 8 cents; but in no event shall the monthly rate of dependency and indemnity compensation be less than $4. No dependency and indemnity compensation shall be paid if annual income exceeds $3,000. “(2) If there is only one parent and he has remarried and is living with his spouse, dependency and indemnity compensation shall be paid to him under either the formula of paragraph (1) of this subsection or under the formula in subsection (d), whichever is the. greater. In such a case of remarriage the total combined annual income of the parent and his spouse shall be counted in determining the monthly rate of dependency and indemnity compensation under the appropriate formula.”; (2) by amending subsection (c) to read as follows:

Two parents.

 “(c) Except as provided in subsection (d), if there are two parents, but they are not living together, dependency and indemnity compensation shall be paid to each according to the following formula: If the annual income of each parent is $800 or less, the monthly rate of dependency and indemnity payable to each shall be $86. For each $1 of annual income in excess of $800 up to and including $1,100, the monthly rate shall be reduced 2 cents; for each $1 of annual income in excess of $1,100 up to and including $2,100, the monthly rate shall be reduced 4 cents; for each $1 of annual income in excess of $2,100 up to and including $2,500, the monthly rate shall be reduced 5 cents; and for each $1 of annual income in excess of $2,500 up to and including $3,000, the monthly rate shall be reduced 6 cents; but in no event shall the monthly rate of dependency and indemnity compensation be less than $4. No dependency and indemnity compensation shall be paid to a parent whose annual income exceeds $3,000.”; 88 Stat. 1705 (3) by amending subsection (d) to read as follows: “(d) If there are two parents who are living together, or if a parent has remarried and is living with his spouse, dependency and indemnity compensation shall be paid to each such parent according to the following formula: If the total combined annual income is $1,000 or less, the monthly rate of dependency and indemnity compensation payable to each parent shall be $83. For each $1 of annual income in excess of $1,000 up to and including $1,100, the monthly rate shall be reduced 1 cent; for each $1 of annual income in excess of $1,100 up to and including $2,500, the monthly rate shall be reduced 2 cents; for each $1 of annual income in excess of $2,500 up to and including $3,500, the monthly rate shall be reduced 3 cents; and for each $1 of annual income in excess of $3,500 up to and including $4,200, the monthly rate shall be reduced 4 cents; but in no event shall the monthly rate of dependency and indemnity compensation be less than $4. No dependency and indemnity compensation shall be paid to either parent if the total combined annual income exceeds $4,200.”; and (4) by amending subsection (h) by striking out “$55” and inserting in lieu thereof “$64”.
Sec. 8. (a) The Administrator of Veterans’ Affairs shall carry out

Elderly veterans and widows, study.

38 USC 501 note.

an original study of the needs and problems of veterans and their widows seventy-two years of age or older. The study shall include (1) a profile of the current income characteristics or such veterans and their widows, describing the proportion and amount of income from all sources and the, average necessary for all necessities such as rent, food, medical care, and other items; (2) an evaluation of the adequacy of the present veterans pension system to meet the needs of such veterans and widows; and (3) actuarial information concerning the present expected mortality rates of such veterans and their widows. (b) The Administrator shall report to the Congress and the President

Report to Congress and President.

not later than one hundred and eighty days after the convening of the first session of the Ninety-fourth Congress the results of the study carried out under this section together with any recommendations for legislative or administrative action to improve the present program of pension benefits for such veterans and widows.
Sec. 9. (a) Subsection (e) of section 103 of title 38, United States

Married children, benefits.

Code, is amended— (1) by adding “(1)” immediately before “The”; and (2) by adding at the end thereof the following new paragraph: “(2) The marriage of a child of a veteran shall not bar the recognition of such child as the child of the veteran for benefit purposes if the marriage has been terminated by death or has been dissolved by a court with basic authority to render divorce decrees unless the Veterans’ Administration determines that the divorce was secured through fraud by either party or collusion.”. (b) Subsection (1) of section 3010 of title 38, United States Code, is amended to read as follows:

Awards, effective date.

 “(l) The effective date of an award of benefits to a widow based upon a termination of a remarriage by death or divorce, or of an award or increase of benefits based on recognition of a child upon termination of the child’s marriage by death or divorce, shall be the date of death or the date the judicial decree or divorce becomes final, if an application therefor is received within one year from such termination.”.
Sec. 10. This Act shall take effect on January 1, 1975.

Effective date.

38 USC 521 note.

Approved December 21, 1974.
Public Law 93–528: To reform consent decree procedures, to increase penalties for violation of the Sherman Act, and to revise the Expediting Act as it pertains to Appellate Review. Public Law 528 Public Law 93–528 88 Stat. 1706 1974-12-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1706 Public Law 93–528 93rd Congress
AN ACT To reform consent decree procedures, to increase penalties for violation of the Sherman Act, and to revise the Expediting Act as it pertains to Appellate Review.

December 21, 1974

[S. 782]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Antitrust Procedures and Penalties Act.

15 USC 16 note.

 be cited as the “Antitrust Procedures and Penalties Act”.
consent decree procedures

15 USC 16.

 Sec. 2. Section 5 of the Act entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes”, approved October 15, 1914 (15 U.S.C. 16), is amended by redesignating subsection (b) as (i) and by inserting immediately after subsection (a) the following: “(b) Any proposal for a consent judgment submitted by the United States for entry in any civil proceeding brought by or on behalf of the United States under the antitrust laws shall be filed with the district

Publication in Federal Register.

court before which such proceeding is pending and published by the United States in the Federal Register at least 60 days prior to the effective date of such judgment. Any written comments relating to such proposal and any responses by the United States thereto, shall also be filed with such district court and published by the United States in the Federal Register within such sixty-day period. Copies of such proposal and any other materials and documents which the United States considered determinative in formulating such proposal, shall also be made available to the public at the district court and in such other districts

Competitive impact statement, publication in Federal Register.

as the court may subsequently direct. Simultaneously with the filing of such proposal, unless otherwise instructed by the court, the United States shall file with the district court, publish in the Federal Register, and thereafter furnish to any person upon request, a competitive impact statement which shall recite— “(1) the nature and purpose of the proceeding; “(2) a description of the practices or events giving rise to the alleged violation of the antitrust laws; “(3) an explanation of the proposal for a consent judgment, including an explanation of any unusual circumstances giving rise to such proposal or any provision contained therein, relief to be obtained thereby, and the anticipated effects on competition of such relief; “(4) the remedies available to potential private plaintiffs damaged by the alleged violation in the event that such proposal for the consent judgment is entered in such proceeding; “(5) a description of the procedures available for modification of such proposal; and “(6) a description and evaluation of alternatives to such proposal actually considered by the United States.

Publication in newspapers.

 “(c) The United States shall also cause to be published, commencing at least 60 days prior to the effective date of the judgment described in subsection (b) of this section, for 7 days over a period of 2 weeks in newspapers of general circulation of the district in which the case has been filed, in the District of Columbia, and in such other districts as the court may direct— “(i) a summary of the terms of the proposal for the consent judgment, 88 Stat. 1707 “(ii) a summary of the competitive impact statement filed under subsection (b), “(iii) and a list of the materials and documents under subsection (b) which the United States shall make available for purposes of meaningful public comment, and the place where such materials and documents are available for public inspection. “(d) During the 60-day period as specified in subsection (b) of this

Comments.

section, and such additional time as the United States may request and the court may grant, the United States shall receive and consider any written comments relating to the proposal for the consent judgment submitted under subsection (b). The Attorney General or his designee shall establish procedures to carry out the provisions of this subsection, but such 60-day time period shall not be shortened except by order of the district court upon a showing that (1) extraordinary circumstances require such shortening and (2) such shortening is not adverse to the public interest. At the close of the period during which such comments may be received, the United States shall file with the

Response, publication in Federal Register.

district court and cause to be published in the Federal Register a response to such comments. “(e) Before entering any consent judgment proposed by the United

Public interest determination.

States under this section, the court shall determine that the entry of such judgment is in the public interest. For the purpose of such determination, the court may consider— “(1) the competitive impact of such judgment, including termination of alleged violations, provisions for enforcement and modification, duration or relief sought, anticipated effects of alternative remedies actually considered, and any other considerations bearing upon the adequacy of such judgment; “(2) the impact of entry of such judgment upon the public generally and individuals alleging specific injury from the violations set forth in the complaint including consideration of the public benefit, if any, to be derived from a determination of the issues at trial. “(f) In making its determination under subsection (e), the court may— “(1) take testimony of Government officials or experts or such other expert witnesses, upon motion of any party or participant or upon its own motion, as the court may deem appropriate; “(2) appoint a special master and such outside consultants or expert witnesses as the court may deem appropriate; and request and obtain the views, evaluations, or advice of any individual, group or agency of government with respect to any aspects of the proposed judgment or the effect of such judgment, in such manner as the court deems appropriate; “(3) authorize full or limited participation in proceedings before the court by interested persons or agencies, including appearance amicus curiae, intervention as a party pursuant to the Federal Rules of Civil Procedure, examination of witnesses or

28 USC app.

documentary materials, or participation in any other manner and extent which serves the public interest as the court may deem appropriate. “(4) review any comments including any objections filed with the United States under subsection (d) concerning the proposed judgment and the responses of the United States to such comments and objections; and 88 Stat. 1708 “(5) take such other action in the public interest as the court may deem appropriate.

Filing of written or oral communications.

 “(g) Not later than 10 days following the date of the filing of any proposal for a consent judgment under subsection (b), each defendant shall file with the district court a description of any and all written or oral communications by or on behalf of such defendant, including any and all written or oral communications on behalf of such defendant, or other person, with any officer or employee of the United States concerning or relevant to such proposal, except that any such communications made by counsel of record alone with the Attorney General or the employees of the Department of Justice alone shall be excluded from the requirements of this subsection. Prior to the entry of any consent judgment pursuant to the antitrust laws, each defendant shall certify to the district court that the requirements of this subsection have been complied with and that such filing is a true and complete description of such communications known to the defendant or which the defendant reasonably should have known. “(h) Proceedings before the district court under subsections (e) and (f) of this section, and the competitive impact statement filed under subsection (b) of this section, shall not be admissible against any defendant in any action or proceeding brought by any other party against such defendant under the antitrust laws or by the United States under section 4A of this Act nor constitute a basis for the introduction of the consent judgment as prima facie evidence against such defendant in any such action or proceeding.”
penalties Sec. 3. Sections 1, 2, and 3 of the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies”, approved July 2, 1890 (15 U.S.C. 1, 2, and 3), are each amended— (1) by striking out “misdemeanor” whenever it appears and inserting in lieu thereof in each case “felony”; (2) by striking out “fifty thousand dollars” whenever such phrase appears and inserting in lieu thereof in each case the following: “one million dollars if a corporation, or, if any other person, one hundred thousand dollars”; and (3) by striking out “one year” whenever such phrase appears and inserting in lieu thereof in each case “three years”.
expediting act revisions Sec. 4. Section 1 of the Act of February 11, 1903 (32 Stat. 823), as amended (15 U.S.C. 28; 49 U.S.C. 44), commonly known as the Expediting Act, is amended to read as follows:
“Section 1. In any civil action brought in any district court of the United States under the Act entitled ‘An Act to protect trade and commerce against unlawful restraints and monopolies’, approved July 2, 1890, or any other Acts having like purpose that have been or hereafter may be enacted, wherein the United States is plaintiff and equitable relief is sought, the Attorney General may file with the court, prior to the entry of final judgment, a certificate that, in his opinion, the case is of a general public importance. Upon filing of such certificate, it shall be the duty of the judge designated to hear and 88 Stat. 1709determine the case, or the chief judge of the district court if no judge has as yet been designated, to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited.”
Sec. 5. Section 2 of that Act (15 U.S.C. 29; 49 U.S.C. 45) is amended to read as follows: “(a) Except as otherwise expressly provided by this section, in

Appeals.

every civil action brought in any district court of the United States under the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies’, approved July 2, 1890, or any other Acts having like purpose that have been or hereafter may be enacted, in which the United States is the complainant and equitable relief is sought, any appeal from a final judgment entered in any such action shall be taken to the court, of appeals pursuant to sections 1291 and 2107 of title 28 of the United States Code. Any appeal from an interlocutory order entered in any such action shall be taken to the court of appeals pursuant to sections 1292(a) (1) and 2107 of title 28 of the United States Code but not otherwise. Any judgment entered by the court of appeals in any such action shall be subject to review

Supreme Court review.

by the Supreme Court upon a writ of certiorari as provided in section 1254(1) of title 28 of the United States Code. “(b) An appeal from a final judgment pursuant to subsection (a)

Appeal.

shall be directly to the Supreme Court if. upon application of a party filed within fifteen days of the filing of a notice of appeal, the district

Notice.

judge who adjudicated the case enters an order stating that immediate consideration of the appeal by the Supreme Court is of general public importance in the administration of justice. Such order shall be filed within thirty days after the filing of a notice of appeal. When such an order is filed, the appeal and any cross appeal shall be docketed in the time and manner prescribed by the rules of the Supreme Court. The Supreme Court shall thereupon either (1) dispose of the appeal and any cross appeal in the same manner as any other direct appeal authorized by law, or (2) in its discretion, deny the direct appeal and remand the case to the court of appeals, which shall then have jurisdiction to hear and determine the same as if the appeal and any cross appeal therein had been docketed in the court of appeals in the first instance pursuant to subsection (a).”
Sec. 6. (a) Section 401(d) of the Communications Act of 1934 (47

Repeal.

U.S.C. 401 (d)) is repealed. (b) Section 3 of the Act entitled “An Act to further regulate commerce

Tariff enforcement.

with foreign nations and among the States”, approved February 19, 1903 (32 Stat. 849; 49 U.S.C. 43), is amended by striking out “proceeding:” and inserting in lieu thereof “proceeding.” and striking out thereafter the following: “Provided, That the provisions of an Act entitled ‘An Act to expedite the hearing and determination of suits in equity pending or thereafter brought under the Act of July second, eighteen hundred and ninety, entitled “An Act to protect trade and commerce against unlawful restraints and monopolies,” “An Act to regulate commerce,” approved February fourth, eighteen hundred and eighty-seven, or any other Acts having a like purpose that may be hereafter enacted, approved February eleventh, nineteen hundred and three,’ shall apply to any case prosecuted under the direction of the Attorney-General in the name of the Interstate Commerce Commission”.
88 Stat. 1710

Nonapplicability.

15 USC 29 note.
Sec. 7. The amendment made by section 5 of this Act shall not apply to an action in which a notice of appeal to the Supreme Court has been filed on or before the fifteenth day following the date of enactment of this Act. Appeal in any such action shall be taken pursuant to the provisions of section 2 of the Act of February 11, 1903 (32 Stat. 823), as amended (15 U.S.C. 29; 49 U.S.C. 45) which were in effect on the day preceding the date of enactment of this Act.
Approved December 21, 1974.
Public Law 93–529: To rescind certain budget authority recommended in the messages of the President of September 20, 1974 (H. Doc. 93–301), October 4, 1974 (H. Doc. 93–365) and November 13, 1974 (H. Doc. 93–387), transmitted pursuant to section 1012 of the Impoundment Control Act of 1974. Public Law 529 Public Law 93–529 88 Stat. 1710 1974-12-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–529 93rd Congress
AN ACT To rescind certain budget authority recommended in the messages of the President of September 20, 1974 (H. Doc. 93–301), October 4, 1974 (H. Doc. 93–365) and November 13, 1974 (H. Doc. 93–387), transmitted pursuant to section 1012 of the Impoundment Control Act of 1974.

December 21, 1974

[H. R. 17505]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following

Certain budget authority.

Rescission.

rescissions of budget authority contained in the messages of the President of September 20, 1974 (H. Doc. 93–361), October 4, 1974 (H. Doc. 93–365) and November 13, 1974 (H. Doc. 93–387) are made

Ante, p. 333.

pursuant to section 1012 of the Impoundment Control Act of 1974, namely:
CHAPTER I DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT College Housing The limitation otherwise applicable to the total payments that may be required in any fiscal year by all contracts entered into under title IV of the Housing Act of 1950, as amended (12 U.S.C. 1749 et seq.), is hereby reduced by the uncommitted balances of authorizations heretofore provided for this purpose in appropriation acts. CHAPTER II DEPARTMENT OF THE INTERIOR Bureau of Land Management Contract authority provided for the fiscal year ending June 30, 1973 by section 105(a) (8) of the Federal-Aid Highway Act of 1970 (Public

84 Stat. 1715.

Law 91–605) for “Public lands development roads and trails” is rescinded in the amount of $4,891,000. National Park Service Contract authority provided for the fiscal year ending June 30, 1973 by section 105(a) (10) of the Federal-Aid Highway Act of 1970

84 stat. 1716.

(Public Law 91–605) for “Parkways” is rescinded in the amount of $10,461,000. 88 Stat. 1711 RELATED AGENCIES DEPARTMENT OF AGRICULTCRE Forest Service Contract authority provided for the fiscal year ending June 30, 1973 by section 105(a) (7) of the Federal-Aid Highway Act of 1970 ( Public Law 91–605) for “Forest development roads and trails” is rescinded

84 Stat. 1715.

in the amount of $61,611,000. CHAPTER III Appalachian Regional Development Programs The authority to incur obligations provided by subsection (f) of

40 USC app. 208 note.

section 208 of the Appalachian Regional Development Act of 1965, as amended (85 Stat. 169, 40 App. U.S.C. 208), is rescinded. Approved December 21, 1974.
Public Law 93–530: To authorize the Secretary of the Interior to purchase property located within the San Carlos Mineral Strip. Public Law 530 Public Law 93–530 88 Stat. 1711 1974-12-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–530 93rd Congress
AN ACT To authorize the Secretary of the Interior to purchase property located within the San Carlos Mineral Strip.

December 22, 1974

[H. R. 7730]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary

San Carlos Apache Indian Tribe, Ariz.

Lands in trust.

of the Interior (hereinafter referred to as the “Secretary”) is hereby authorized and directed to acquire through purchase within the so-called San Carlos Mineral Strip as of January 24, 1969, all privately owned real property, taking title thereto in the name of the United States in trust for the San Carlos Apache Indian Tribe.
Sec. 2. The Secretary is authorized and directed to purchase from

Range improvements, purchase.

the owners all range improvements of a permanent nature placed, under the authority of a permit from or agreement with the United States, on the lands restored to the San Carlos Apache Indian Tribe for the reasonable, value of such improvements, as determined by the Secretary: Provided, however, That, if any such range improvements were constructed under cooperative agreement with the Federal Government, the reasonable value shall be decreased proportionately by the percentage of original Federal participation. Such permanent improvements shall include, but not be limited to, wells, windmills, water tanks, ponds, dams, roads, fences, corrals and buildings. The Secretary shall take title to such range improvements in the name of the United States in trust for the San Carlos Apache Indian Tribe.
Sec. 3. There are authorized to be appropriated for the purposes of

Appropriation.

this Act not to exceed $3,000,000 to be available without fiscal year limitation: Provided, That in no event shall any person receive total compensation under this Act in excess of $300,000: Provided further, That the Secretary shall make a fair determination of compensation for property acquired pursuant to this Act: And provided further, That the Secretary shall make such appraisals and require the owners to present such documents as title, tax assessment, bills of sale, other paper, and other evidence which he may deem necessary for such determination.
Approved December 22, 1974.
Public Law 93–531: To provide for final settlement of the conflicting rights and interests of the Hopi and Navajo Tribes to and in lands lying within the joint use area of the reservation established by the Executive order of December 16, 1882, and lands lying within the reservation created by the Act of June 14, 1934, and for other purposes. Public Law 531 Public Law 93–531 88 Stat. 1712 1974-12-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1712 Public Law 93–531 93rd Congress
AN ACT To provide for final settlement of the conflicting rights and interests of the Hopi and Navajo Tribes to and in lands lying within the joint use area of the reservation established by the Executive order of December 16, 1882, and lands lying within the reservation created by the Act of June 14, 1934, and for other purposes.

December 22, 1974

[H. R. 10337]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, (a) within

Indians.

Hopi and Navajo Tribes.

Mediator.

25 USC 640d.

thirty days after enactment of this Act, the Director of the Federal Mediation and Conciliation Service shall appoint a Mediator (hereinafter referred to as the “Mediator”) who shall assist in the negotiations for the settlement and partition of the relative rights and interests, as determined by the decision in the case of Healing v. Jones (210 F. Supp. 125, D. Ariz., 1962, aff’d 363 U.S. 758, 1963) (hereinafter referred to as the “Healing case”), of the Hopi and Navajo Tribes (hereinafter referred to as the “tribes”) to and in lands within the reservation established by the Executive order of December 16, 1882, except land management district no. 6 (such lands hereinafter referred to as the “joint use area”). The Mediator shall not have any interest, direct or indirect, in the settlement of the interests and rights set out in this subsection. The duties of the Mediator shall cease upon the entering of a full agreement into the records of the supplemental proceedings pursuant to section 3 or the submission of a report to the District Court after a default in negotiations or a partial agreement pursuant to section 4. (b) The proceedings in which the Mediator shall be acting under the provisions of this Act shall be the supplemental proceedings in the Healing case now pending in the United States District Court for the District of Arizona (hereinafter referred to as “the District Court”). (c)(1) The Mediator is authorized to request from any department, agency, or independent instrumentality of the Federal Government any information, personnel, service, or materials he deems necessary to carry out his responsibilities under the provisions of this Act. Each such department, agency, or instrumentality is authorized to cooperate with the Mediator and to comply with such requests to the extent permitted by law, on a reimbursable or nonreimbursable basis.

Interagency committee.

Establishment.

 (2) To facilitate the expeditious and orderly compilation and development of factual information relevant to the negotiating process, the President shall, within fifteen days of enactment of this Act, establish an interagency committee chaired by the Secretary of the Interior (hereinafter referred to as the “Secretary”) to develop relevant information and to respond to the requests of the Mediator. (d) The Secretary shall appoint a full-time representative as his liaison with the Mediator to facilitate the provision of information and assistance requested by the Mediator from the Department of the Interior. (e) The Mediator may retain the services of such staff assistants and consultants as he shall deem necessary, subject to the approval of the Director of the Federal Mediation and Conciliation Service.

Negotiating team.

25 USC 640d-1.
Sec. 2. (a) Within thirty days after enactment of this Act, the Secretary shall communicate in writing with the tribal councils of the tribes directing the appointment of a negotiating team representing each tribe. Each negotiating team shall be, composed of not more than five members to be certified by appropriate resolution of the respective tribal council. Each tribal council shall promptly fill any vacancies which may occur on its negotiating team. Notwithstanding any other 88 Stat. 1713provision of law, each negotiating team, when appointed and certified, shall have full authority to bind its tribe with respect to any other matter concerning the joint use area within the scope of this Act. (b) In the event either or both of the tribal councils fail to select and certify a negotiating team within thirty days after the Secretary communicates with the tribal council under subsection (a) of this section or to select and certify a replacement member within thirty days of the occurrence of a vacancy, the provisions of subsection (a) of section 4 shall become effective. (c) Within fifteen days after formal certification of both negotiating

Negotiating session.

teams to the Mediator, the Mediator shall schedule the first negotiating session at such time and place as he deems appropriate. The negotiating sessions, which shall be chaired by the Mediator, shall be held at such times and places as the Mediator deems appropriate. At such sessions, the Mediator may, if he deems it appropriate, put forward his own suggestions for procedure, the agenda, and the resolution of the issues in controversy. (d) In the event either negotiating team fails to attend two consecutive sessions or, in the opinion of the Mediator, either negotiating team fails to bargain in good faith or an impasse is reached, the provisions of subsection (a) of section 4 shall become effective. (e) In the event of a disagreement within a negotiating team the majority of the members of the team shall prevail and act on behalf of the team unless the resolution of the tribal council certifying the team specifically provides otherwise.
Sec. 3. (a) If, within one hundred and eighty days after the first

Full agreement.

25 USC 640d-2.

session scheduled by the Mediator under subsection (c) of section 2, full agreement is reached, such agreement shall be put in such form as the Mediator determines best expresses the intent of the tribes and shall then be submitted to the Secretary and the Attorney General of the United States for their comments as they relate to the interest of the United States in the proceedings. These comments are to be submitted to the Mediator and the negotiating teams within thirty days. The negotiating teams and the Mediator shall then consider the comments and, if agreement can still be reached on terms acceptable to the negotiating teams and the Mediator within sixty days of receipt by him of the comments, the agreement shall be put in final written form and shall be signed by the members of the negotiating teams and the Mediator. The Mediator shall then cause the agreement to be entered into the records of the supplemental proceedings in the Healing case. The provisions of the agreement shall be reviewed by the District Court, modified where necessary, and put into effect immediately thereafter. (b) If, within the one hundred and eighty day period referred to

Partial agreement.

in subsection (a) of this section, a partial agreement has been reached between the tribes and they wish such partial agreement to go into effect, they shall follow the procedure set forth in said subsection (a). The partial agreement shall then be considered by the Mediator in preparing his report, and the District Court in making a final adjudication, pursuant to section 4. (c) For the purpose of this section, the negotiating teams may make any provision in the agreement or partial agreement not inconsistent with existing law. No such agreement or any provision in it shall result in a taking by the 1 United States of private property compensable under the Fifth Amendment of the Constitution of the United States.

USC prec. Title 1.

25 USC 640d-3.
Sec. 4. (a) If the negotiating teams fail to reach full agreement within the time period allowed in subsection (a) of section 3 or if one or both of the tribes are in default under the provisions of subsections (b) or (d) of section 2, the Mediator, within ninety days thereafter, shall prepare and submit to the District Court a report containing his

Report to District Court.

88 Stat. 1714recommendations for the settlement of the interests and rights set out in subsection (a) of section 1 which shall be most reasonable and equitable in light of the law and circumstances and consistent with the

District Court, review and recommendations.

provisions of this Act. Following the District Court’s review of the report and recommendations (which are not binding thereon) and any further proceedings which the District Court may schedule, the District Court is authorized to make a final adjudication, including partition of the joint use area, and enter the judgments in the supplemental proceedings in the Healing case.

Hearing.

 (b) Any proceedings as authorized in subsection (a) hereof shall be assigned for hearing at the earliest possible date, shall take precedence over all other matters pending on the docket of the District Court at that time, and shall lie expedited in every way by the Court.

Settlement guidelines.

25 USC 640d-4.
Sec. 5. (a) For the purpose of facilitating an agreement pursuant to section 3 or preparing a report pursuant to section 4, the Mediator is authorized— (1) notwithstanding the provisions of section 2 of the Act of May 25, 1918 (40 Stat. 570), to recommend that, subject to the consent of the Secretary, there be purchased or otherwise acquired additional lands for the benefit of either tribe from the funds of either tribe or funds under any other authority of law; (2) to recommend that, subject to the consent of the Secretary, there be undertaken a program of restoration of lands lying within the joint use area, employing for such purpose funds authorized by this Act, funds of either tribe, or funds under any other authority of law; (3) to recommend that, subject to the consent of the Secretary,

Restoration of lands.

there be undertaken a program for relocation of members of one tribe from lands which may be partitioned to the other tribe in the joint use area; (3) to recommend, in exceptional cases where necessary to prevent personal hardship, a limited tenure for residential use, not exceeding a life estate, and a phased relocation of members of one tribe from lands which may be partitioned to the other tribe in the joint use area; and (4) to make any other recommendations as are in conformity with this Act and the Healing case to facilitate a settlement. (b) The authorizations contained in subsection (a) of this section shall be discretionary and shall not be construed to represent any directive of the Congress.

Report.

25 USC 640d-5.
Sec. 6. The Mediator in preparing his report, and the District Court in making the final adjudication, pursuant to section 4, shall consider and be guided by the decision of the Healing case, under which the tribes have joint, undivided, and equal interests in and to all of the joint use area; by any partial agreement reached by the parties under subsection (b) of section 3; by the last best offer for a complete settlement as a part of the negotiating process by each of the tribes; and by the following: (a) The rights and interests, as defined in the Healing case, of the Hopi Tribe in and to that portion of the reservation established by the Executive order of December 16, 1882, which is known as land management district no. 6 (hereinafter referred to as the “Hopi Reservation”) shall not be reduced or limited in any manner. (b) The boundary lines resulting from any partitioning of lands in the joint use area shall be established so as to include the higher density population areas of each tribe within the portion of the lands partitioned to such tribe to minimize and avoid undue social, economic, and cultural disruption insofar as practicable. 88 Stat. 1715 (c) In any division of the surface rights to the joint use area, reasonable provision shall be made for the use of and right of access to identified religious shrines for the members of each tribe on the reservation of the other tribe where such use and access are for religious purposes. (d) In any partition of the surface rights to the joint use area, the lands shall, insofar as is practicable, be equal in acreage and quality: Provided, That if such partition results in a lesser amount of acreage, or value, or both to one tribe such differential shall be fully and finally compensable to such tribe by the other tribe. The value of the land for the purposes of this subsection shall be based on not less than its value with improvements and its grazing capacity fully restored: Provided further, That, in the determination of compensation for any such differential, the Federal Government shall pay any difference between the value of the particular land involved in its existing state and the value of such land in a fully restored state which results from damage to the land which the District Court finds attributable to a failure of the Federal Government to provide protection where such protection is or was required by law or by the demands of the trust relationship. (e) Any lands partitioned to each tribe in the joint use area shall, where feasible and consistent with the other provisions of this section, be contiguous to the reservation of each such tribe. (f) Any boundary line between lands partitioned to the two tribes in the joint use area shall, insofar as is practicable, follow terrain which will facilitate fencing or avoid the need for fencing. (g) Any claim the Hopi Tribe may have against the Navajo Tribe for an accounting of all sums collected by the Navajo Tribe since September 17, 1957, as trader license fees or commissions, lease rental or proceeds, or other similar charges for doing business or for damages in the use of lands within the joint use area, shall be for a one-half share in such sums. (h) Any claim the Hopi Tribe may have against the Navajo Tribe for the determination and recovery of the fair value of the grazing and agricultural use of the lands within the joint use area by the Navajo Tribe and its individual members, since September 28, 1962, shall be for one-half of such value.
Sec. 7. Partition of the surface of the lands of the joint use area

Joint ownership of minerals.

25 USC 640d-6.

shall not affect the joint ownership status of the coal, oil, gas, and all other minerals within or underlying such lands. All such coal, oil, gas, and other minerals within or underlying such lands shall be managed jointly by the two tribes, subject to supervision and approval by the Secretary as otherwise required by law, and the proceeds therefrom shall be divided between the tribes, share and share alike.
Sec. 8. (a) Either tribe, acting through the chairman of its tribal

25 USC 640d-7.

council for and on behalf of the tribe, is each hereby authorized to commence or defend in the District Court an action against the other tribe and any other tribe of Indians claiming any interest in or to the area described in the Act of June 14, 1934, except the reservation established by the Executive Order of December 16, 1882, for the purpose of determining the rights and interests of the tribes in and to such lands and quieting title thereto in the tribes. (b) Lands, if any, in which the Navajo Tribe or Navajo individuals are determined by the District Court to have the exclusive interest shall continue to be a part of the Navajo Reservation. Lands, if any, in which the Hopi Tribe, including any Hopi village or clan thereof, or Hopi individuals are determined by the District Court to have the exclusive interest shall thereafter lie a reservation for the Hopi Tribe. Any lands in which the Navajo and Hopi Tribes or Navajo or Hopi individuals are determined to have a joint or undivided interest 88 Stat. 1716shall be partitioned by the District Court on the basis of fairness and equity and the area so partitioned shall be retained in the Navajo Reservation or added to the Hopi Reservation, respectively. (c) The Navajo and Hopi Tribes are hereby authorized to exchange lands which are part of their respective reservations. (d) Nothing in this section shall be deemed to be a Congressional determination of the merits of the conflicting claims to the lands that are subject to adjudication pursuant to this section, or to affect the liability of the United States, if any, under litigation now pending before the Indian Claims Commission. (e) The Secretary of the Interior is authorized to pay any or all appropriate legal fees, court costs, and other related expenses arising out of, or in connection with, the commencing of, or defending against, any action brought by the Navajo or Hopi Tribe under this section.

Paiute Indians, allotment.

25 USC 640d-8.
Sec. 9. Notwithstanding any other provision of this Act, the Secretary is authorized to allot in severalty to individual Paiute Indians, not now members of the Navajo Tribe, who are located within the area described in the Act of June 14, 1934 (48 Stat. 960), and who were located within such area, or are direct descendants of Paiute Indians who were located within such area, on the date of such Act, land in quantities as specified in section 1 of the Act of February 8, 1887 (24 Stat. 388), as amended (25 U.S.C. 331), and patents shall be issued to them for such lands having the legal effect and declaring that the United States holds such land in trust for the sole use and benefit of each allottee and, following his death, of his heirs according to the laws of the State of Arizona.

25 USC 640d-9.
Sec. 10. (a) Subject to the provisions of section 9 and subsection (a) of section 17, any lands partitioned to the Navajo Tribe pursuant to section 3 or 4 and the lands described in the Act of June 14, 1934 (48 Stat. 960), except the lands as described in section 8, shall be held in trust by the United States exclusively for the Navajo Tribe and as a part of the Navajo Reservation. (b) Subject to the provisions of section 9 and subsection (a) of section 17, any lands partitioned to the Hopi Tribe pursuant to section 3 or 4 and the lands as described in section 8 shall be held in trust by the United States exclusively for the Hopi Tribe and as a part of the Hopi Reservation.

25 USC 640d-10.
Sec. 11. (a) The Secretary is authorized and directed to transfer not to exceed 250,000 acres of lands under the jurisdiction of the Bureau of Land Management within the States of Arizona or New Mexico to the Navajo Tribe: Provided, That the Navajo Tribe shall pay to the United States the fair market value for such lands as may be determined by the Secretary. Such lands shall, if possible, be contiguous or adjacent to the existing Navajo Reservation. Title to such lands which are contiguous or adjacent to the Navajo Reservation shall be taken by the United States in trust for the benefit of the Navajo Tribe. (b) Any private lands the Navajo Tribe acquires which are contiguous or adjacent to the Navajo Reservation may be taken by the United States in trust for the benefit of the Navajo Tribe: Provided, That the land acquired pursuant to subsection (a) and this subsection shall not exceed a total of 250,000 acres.

Navajo and Hopi Indian Relocation Commission.

Establishment.

25 USC 640d-11.
Sec. 12. (a) There is hereby established as an independent entity in the executive branch the Navajo and Hopi Indian Relocation Commission (hereinafter referred to as the “Commission”). (b) The Commission shall be composed of three members appointed by the Secretary within sixty days of enactment of this Act. (c) The Commission shall elect a Chairman and Vice Chairman from among its members. 88 Stat. 1717 (d) Two members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect, its powers, but shall lx> filled in the same manner in which the original appointment was made. (e) Each member of the Commission who is not otherwise employed by the United States Government shall receive an amount equal to the daily rate paid a GS-18 under the General Schedule contained in section 5332 of title 5, United States Code, for each day (including

5 USC 5332 note.

time in travel) or portion thereof during which such member is engaged in the actual performance of his duties as a member of the Commission. A member of the Commission who is an officer or employee of the United States shall serve without additional compensation. All members of the Commission shall be reimbursed for travel, subsistence, and other expenses incurred by them in the performance of their duties. (f) The first meeting of the Commission shall be called by the Secretary forthwith following the date on which a majority of the members of such Commission are appointed and qualified under firs Act, but in no event later than sixty days following such date. (g) Subject to such rules and regulations as may be adopted by the

Rules and regulations.

Commission, the Chairman shall have the power to— (1) appoint and fix the compensation of an Executive Director, and such additional staff personnel as he deems necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but at rates not in excess of the maximum rate for GS-18 of the General Schedule under section 5332 of such title; and (2) procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code, but at rates not to exceed $150 a day for individuals. (h) The Department of the Interior shall furnish, on a nonreimbursable basis, necessary administrative and housekeeping services for the Commission. (i) The Commission shall cease to exist when the President determines that its functions have been fully discharged.
Sec. 13. (a) Within the twenty-four month period following the

25 USC 640d-12.

date of issuance of an order of the District Court pursuant to section 3 or 4, the Commission shall prepare and submit to the Congress a

Report to Congress.

report concerning the relocation of households and members thereof each tribe, and their personal property, including livestock, from lands partitioned to the other tribe pursuant to sections 8 and 3 or 4. (b) Such report shall contain, among other matters, the following: (1) the names of all members of the Navajo Tribe, who reside within the areas partitioned to the Hopi Tribe and the names of all members of the Hopi Tribe who reside within the areas partitioned to the Navajo Tribe; and (2) the fair market value of the habitations and improvements owned by the heads of households identified by the Commission as being among the persons named in clause (1) of this subsection. (c) Such report, shall include a detailed plan providing for the relocation of the households and their members identified pursuant to clause (1) of subsection (b) of this section. Such plan (hereinafter referred to as the “relocation plan”) shall— (1) be developed to the maximum extent feasible in consultation with the persons involved in such relocation and appropriate representatives of their tribal councils; 88 Stat. 1718 (2) take into account the adverse social, economic, cultural, and other impacts of relocation on persons involved in such relocation and be developed to avoid or minimize, to the extent possible, such impacts; (3) identify the sites to which such households shall be relocated, including the distance involved; (4) assure that housing and related community facilities and services, such as water, sewers, roads, schools, and health facilities, for such households shall be available at their relocation sites; and (5) take effect thirty days after the date of submission to the Congress pursuant to subsection (a) of this section: Provided, however, That the Commission is authorized and directed to proceed

Voluntary relocations.

25 UCS 640d-13.

With voluntary relocations as promptly as practicable following its first meeting.
Sec. 14. (a) Consistent with section 8 and the order of the District Court issued pursuant to section 3 or 4, the Commission is authorized and directed to relocate pursuant to section 8 and such order all households and members thereof and their personal property, including livestock, from any lands partitioned to the tribe of which they are not members. The relocation shall take place in accordance with the relocation plan and shall be completed by the end of five years from the date on which the relocation plan takes effect. No further settlement of Navajo individuals on the lands partitioned to the Hopi Tribe pursuant to this Act or on the Hopi Reservation shall be permitted unless advance written approval of the Hopi Tribe is obtained. No further settlement of Hopi individuals on the lands partitioned to the Navajo Tribe pursuant to this Act or on the Navajo Reservation shall be permitted unless advance written approval of the Navajo Tribe is obtained. No individual shall hereafter be allowed to increase the number of livestock he grazes on any area partitioned pursuant to this Act to the tribe, of which he is not a member, nor shall he retain any grazing rights in any such area subsequent to his relocation therefrom.

Assistance payments.

 (b) addition to the payments made, pursuant to section 15, the Commission shall make payments to heads of households identified in the report prepared pursuant to section 13 upon the date of relocation of such households, as determined by the Commission, in accordance with the following schedule: (1) the sum of $5,000 to each head of a household who, prior to the expiration of one year after the effective date of the relocation plan, contracts with the Commission to relocate; (2) the sum of $4,000 to each head of a household who is not eligible for the payment provided for in clause (1) of this subsection but who, prior to the expiration of two years after the effective date of the relocation plan, contracts with the Commission to relocate; (3) the sum of $3,000 to each head of a household who is not eligible for the payments provided for in clause (1) or (2) of this subsection but who, prior to the expiration of three years after the effective date of the relocation plan, contracts with the Commission to relocate; and (4) the sum of $2,000 to each head of a household who is not eligible for the payments provided for in clause (1), (2), or (3) of this subsection but who, prior to the expiration of four years after the effective date of the relocation plan, contracts with the Commission to relocate. (c) No payment shall be made pursuant to this section to or for any person who, after May 29, 1974, moved into an area partitioned pur-88 Stat. 1719suant to section 8 or section 3 or 4 to a tribe of which he is not a member.
Sec. 15. (a) The Commission shall purchase from the head of each

Replacement housing.

25 USC 640d-14.

household whose household is required to relocate under the terms of this Act the habitation and other improvements owned by him on the area from which he is required to move. The purchase price shall be

Fair market value.

the fair market value of such habitation and improvements as determined under clause (2) of subsection (b) of section 13. (b) In addition to the payments made pursuant to subsection (a) of this section, the Commission shall: (1) reimburse each head of a household whose household is required to relocate pursuant to this Act for the actual reasonable moving expenses of the household as if the household members were displaced persons under section 202 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894);

42 USC 4622.

 (2) pay to each head of a household whose household is required to relocate pursuant to this Act an amount which, when added to the fair market value of the habitation and improvements purchased under subsection (a) of this section, equals the reasonable cost of a decent, safe, and sanitary replacement dwelling adequate to accommodate such household: Provided, That the

Additional payment.

additional payment authorized by this paragraph (2) shall not exceed $17,000 for a household of three or less and not more than $25,000 for a household of four or more, except that the Commission may, after consultation with the Secretary of Housing and Urban Development, annually increase or decrease such limitations to reflect changes in housing development and construction costs, other than costs of land, during the preceding year: Provided further, That the additional payment authorized by this subsection shall be made only to a head of a household required to relocate pursuant to this Act who purchases and occupies such replacement dwelling not later than the end of the two-year period beginning on the date on which he receives from the Commission final payment for the habitation and improvements purchased under subsection (a) of this section, or on the date on which such household moves from such habitation, whichever is the later date. The payments made pursuant to this paragraph (2) shall be used only for the purpose of obtaining decent, safe, and sanitary replacement dwellings adequate to accommodate the households relocated pursuant to this Act. (c) In implementing subsection (b) of this section, the Commission shall establish standards consistent with those established in the implementation of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894). No payment

42 USC 4601 note.

shall be made pursuant to this section to or for any person who, later than one year prior to the date of enactment of this Act, moved into an area partitioned pursuant to section 8 or section 3 or 4 to a tribe of which he is not a member. (d) The Commission shall be responsible for the provision of housing for each household eligible for payments under this section in one of the following manners: (1) Should any head of household apply for and become a participant or homebuyer in a mutual help housing or other homeownership opportunity project undertaken under the United States Housing Act of 1937 (50 Stat. 888), as amended (42 U.S.C. 1401), or in any other federally assisted housing program now or hereafter established, the amounts payable with respect to such household under paragraph (2) of subsection (b) of this section 88 Stat. 1720and under subsection (a) of this section shall be paid to the local housing agency or sponsor involved as a voluntary equity payment and shall be credited against the outstanding indebtedness or purchase price of the household’s home in the project in a manner which will accelerate to the maximum extent possible the achievement by that household of debt free homeownership. (2) Should any head of household wish to purchase or have constructed a dwelling which the Commission determines is decent, safe, sanitary, and adequate to accommodate the household, the amounts payable with respect to such household under para graph (2) of subsection (b) of this section and under subsection (a) of this section shall be paid to such head of household in connection with such purchase or construction in a manner which the Commission determines will assure the use of the funds for such purpose. (3) Should any head of household not make timely arrangements for relocation housing, or should any head of household elect and enter into an agreement to have the Commission construct or acquire a home for the household, the Commission may use the amounts payable with respect to such household under paragraph (2) of subsection (b) of this section and under subsection (a) of this section for the construction or acquisition (including enlargement or rehabilitation if necessary) of a home and related facilities for such household: Provided, That, the Commission may combine the funds for any number of such households into one or more accounts from which the costs of such construction or acquisition may be paid on a project basis and the funds in such account or accounts shall remain available until expended: Provided further, That the title to each home constructed or acquired by the Commission pursuant to this paragraph shall be vested in the head of the household for which it was constructed or acquired upon occupancy by such household, but this shall not preclude such home being located on land held in trust by the United States. (e) The Commission is authorized to dispose of dwellings and other improvements acquired or constructed pursuant to this Act in such manner, including resale of such dwellings and improvements to members of the tribe exercising jurisdiction over the area at prices no higher than the acquisition or construction costs, as best effects section S and the order of the District Court pursuant to section 3 or 4.

25 USC 640d-15.
Sec. 16. (a) The Navajo Tribe shall pay to the Hopi Tribe the fair rental value as determined by the Secretary for all use by Navajo individuals of any lands partitioned to the Hopi Tribe pursuant to sections 8 and 3 or 4 subsequent to the date of the partition thereof. (b) The Hopi Tribe shall pay to the Navajo Tribe the fair rental value as determined by the Secretary for all use by Hopi individuals of any lands partitioned to the Navajo Tribe pursuant to sections 8 and 3 or 4 subsequent to the date of the partition thereof.

25 USC 640d-16.
Sec. 17. (a) Nothing in this Act shall affect the title, possession, and enjoyment of lands heretofore allotted to Hopi and Navajo individuals for which patents have been issued. Such Hopi individuals living on the Navajo Reservation shall be subject to the jurisdiction of the Navajo Tribe and such Navajo individuals living on the Hopi Reservation shall be subject to the jurisdiction of the Hopi Tribe. (b) Nothing in this Act shall require the relocation from any area partitioned pursuant to this Act of the household of any Navajo or Hopi individual who is employed by the Federal Government within such area or to prevent such employees or their households from residing in such areas in the future: Provided, That any such Federal 88 Stat. 1721employee who would, except for the provisions of this subsection, be relocated under the terms of this Act may elect to be so relocated.
Sec. 18. (a) Either tribe, acting through the chairman of its tribal

25 USC 640d-17.

council, for and on behalf of the tribe, including all villages, clans, and individual members thereof, is hereby authorized to commence or defend in the District Court an action or actions against the other tribe for the following purposes if such action or actions are not settled pursuant to section 3 or 4: (1) for an accounting of all sums collected by either tribe since the 17th day of September 1957 as trader license fees or commissions, lease proceeds, or other similar charges for the doing of business or the use of lands within the joint use area, and judgment for one-half of all sums so collected, and not paid to the other tribe, together with interest at the rate of 6 per centum per annum compounded annually; (2) for the determination and recovery of the fair value of the grazing and agricultural use by either tribe and its individual members since the 28th day of September 1962 of the undivided one-half interest of the other tribe in the lands within the joint use area, together with interest at the rate of 6 per centum per annum compounded annually, notwithstanding the fact that the tribes are tenants in common of such lands; and (3) for the adjudication of any claims that either tribe may have against the other for damages to the lands to which title was quieted as aforesaid by the United States District Court for the District of Arizona in such tribes, share and share alike, subject to the trust title of the United States, without interest, notwithstanding the fact that such tribes are tenants in common of such lands: Provided, That the United States may be joined as a party to such an action and, in such case, the provisions of sections 1346(a) (2) and 1505 of title 28, United States Code, shall not be applicable to such action. (b) Neither laches nor the statute of limitations shall constitute a defense to any action authorized by this Act for existing claims if commenced within two years from the effective date of this Act or one hundred and eighty days from the date of issuance of an order of the District Court pursuant to section 3 or 4, whichever is later. (c) Either tribe may institute such further original, ancillary, or supplementary actions against the other tribe as may be necessary or desirable to insure the quiet and peaceful enjoyment of the reservation lands of the tribes by the tribes and the members thereof, and to fully accomplish all objects and purposes of this Act. Such actions may be commenced in the District Court by either tribe against the other, acting through the chairman of its tribal council, for and on behalf of the tribe, including all villages, clans, and individual members thereof. (d) Except as provided in clause (3) of subsection (a) of this section, the United States shall not be an indispensable party to any action or actions commenced pursuant to this section. Any judgment or judgments by the District Court in such action or actions shall not be regarded as a claim or claims against the United States. (e) All applicable provisional and final remedies and special proceedings provided for by the Federal Rules of Civil Procedure and all other remedies and processes available for the enforcement and collection of judgments in the district courts of the United States may be used in the enforcement and collection of judgments obtained pursuant to the provisions of this Act.
Sec. 19. (a) Notwithstanding any provision of this Act, or any

25 USC 640d-18.

order of the District Court pursuant to section 3 or 4, the Secretary is authorized and directed to immediately commence reduction of the 88 Stat. 1722numbers of all the livestock now being grazed upon the lands within the joint use area and complete such reductions to carrying capacity of such lands, as determined by the usual range capacity standards as established by the Secretary after the date of enactment of this Act. The Secretary is directed to institute such conservation practices and methods within such area as are necessary to restore the grazing potential of such area to the maximum extent feasible. (b) The Secretary, upon the date of issuance of an order of the District Court pursuant to sections 8 and 3 or 4, shall provide for the survey location of monuments, and fencing of boundaries of any lands partitioned pursuant to sections 8 and 3 or 4.

25 USC 640d-19.
Sec. 20. The members of the Hopi Tribe shall have perpetual use of Cliff Spring as shown on USGS 7½ minute Quad named Toh Ne Zhonnie Spring, Arizona, Navajo County, dated 1968; and located 1,250 feet west and 200 feet south of the intersection of 36 degrees, 17 minutes, 30 seconds north latitude and 110 degrees, 9 minutes west longitude, as a shrine for religious ceremonial purposes, together with the right to gather branches of fir trees growing within a 2-mile radius of said spring for use in such religious ceremonies, and the further right of ingress, egress, and regress between the Hopi Reservation and said spring. The Hopi Tribe is hereby authorized to fence said spring upon the boundary line as follows: Beginning at a point on the 36 degrees, 17 minutes, 30 seconds north latitude 500 feet west of its intersection with 110 degrees, 9 minutes west longitude, the point of beginning; thence north 46 degrees west, 500 feet to a point on the rim top at elevation 6,900 feet; thence southwesterly 1,200 feet (in a straight line) following the 6,900 feet contour; thence south 46 degrees east, 600 feet; thence north 38 degrees east, 1,300 feet to the point of beginning, 23.8 acres more or less: Provided, That, if and when such spring is fenced, the Hopi Tribe shall pipe the water therefrom to the edge of the boundary as hereinabove described for the use of residents of the area. The natural stand of fir trees within such 2-mile radius shall be conserved for such religious purposes.

25 USC 640d-20.
Sec. 21. Notwithstanding anything contained in this Act to the contrary, the Secretary shall make reasonable provision for the use of and right of access to identified religious shrines for the members of each tribe on the reservation of the other tribe where such use and access are for religious purposes.

22 USC 640d-21.
Sec. 22. The availability of financial assistance or funds paid pursuant to this Act may not be considered as income or resources or otherwise utilized as the basis (1) for denying a household or member thereof participation in any federally assisted housing program or (2) for denying or reducing the financial assistance or other benefits to which such household or member would otherwise be entitled to under the Social Security Act or any other Federal or federally assisted program. None of the funds provided under this Act shall be subject to Federal or State income taxes.

25 USC 640d-22.
Sec. 23. The Navajo and Hopi Tribes are hereby authorized to exchange lands which are part of their respective reservations.

25 USC 640d-23.
Sec. 24. If any provision of this Act, or the application of any provision to any person, entity or circumstance, is held invalid, the remainder of this Act shall not be affected thereby.

25 USC 640d-24.
Sec. 25. (a) (1) For the purpose of carrying out the provisions of section 15, there is hereby authorized to be appropriated not to exceed $31,500,000. 88 Stat. 1723 (2) For the purpose of carrying out the provisions of subsection (a) of section 19, there is hereby authorized to be appropriated not to exceed $10,000,000. (3) For the purpose of carrying out the provisions of subsection (b) of section 19, there is hereby authorized to be appropriated not to exceed $500,000. (4) For the purpose of carrying out the provisions of subsection (b) of section 14, there is hereby authorized to be appropriated not to exceed $5,500,000. (5) There is hereby authorized to be appropriated annually not to exceed $500,000 for the expenses of the Commission. (6) There is hereby authorized to be appropriated not to exceed $500,000 for the services and expenses of the Mediator and the assistants and consultants retained by him: Provided, That, any contrary provision of law notwithstanding, until such time as funds are appropriated and made available pursuant to this authorization, the Director of the Federal Mediation and Conciliation Service is authorized to provide for the services and expenses of the Mediator from any other appropriated funds available to him and to reimburse such appropriations when funds are appropriated pursuant to this authorization, such reimbursement to be credited to appropriations currently available at the time of receipt thereof. (b) The funds appropriated pursuant to the authorizations provided in this Act shall remain available until expended.
Sec. 26. Section 10 of the Act entitled “An Act to promote the

Repeal.

rehabilitation of the Navajo and Hopi Tribes of Indians and a better utilization of the resources of the Navajo and Hopi Indian Reservations, and for other purposes”, approved April 19, 1950 (64 Stat. 47; 25 U.S.C. 640) is repealed effective close of business December 31, 1974.

Effective date.

Approved December 22, 1974.
Public Law 93–532: Relating to former Speakers of the House of Representatives. Public Law 532 Public Law 93–532 88 Stat. 1723 1974-12-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–532 93rd Congress
AN ACT Relating to former Speakers of the House of Representatives.

December 22, 1974

[H. R. 17026]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) the provisions Former Speakers of the House of Representatives. of H. Res. 1238. Ninety-first Congress, as enacted into permanent law by the Supplemental Appropriations Act, 1971 (84 Stat. 1989), are hereby extended to, and made applicable with respect to, each former Speaker of the House of Representatives, as long as he determines there is need therefor, commencing at the expiration of his term of office as Representative in Congress. (b) Subsection (a) shall not apply with respect to any former Speaker of the House of Representatives for any period during which such former Speaker holds an appointive or elective office or position in or under the Federal Government or the government of the District of Columbia to which is attached a rate of pay other than a nominal rate or to any former Speaker separated from the service by reason of expulsion from the House.
Approved December 22, 1974.
Public Law 93–533: To further the national housing goal of encouraging homeownership by regulating certain lending practices and closing and settlement procedures in federally related mortgage transactions to the end that unnecessary costs and difficulties of purchasing housing are minimized, and for other purposes. Public Law 533 Public Law 93–533 88 Stat. 1724 1974-12-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1724 Public Law 93–533 93rd Congress
AN ACT To further the national housing goal of encouraging homeownership by regulating certain lending practices and closing and settlement procedures in federally related mortgage transactions to the end that unnecessary costs and difficulties of purchasing housing are minimized, and for other purposes.

December 22, 1974

[S. 3164]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Real Estate Settlement Procedures Act of 1974.
short title

12 USC 2601 note.

 Section 1. This Act may be cited as the “Real Estate Settlement Procedures Act of 1974”.
findings and purpose

12 USC 2601.

 Sec. 2. (a) The Congress finds that significant reforms in the real estate settlement process are needed to insure that consumers throughout the Nation are provided with greater and more timely information on the nature and costs of the settlement process and are protected from unnecessarily high settlement charges caused by certain abusive practices that have developed in some areas of the country. The Congress also finds that it has been over two years since the Secretary of Housing and Urban Development and the Administrator of Veterans’ Affairs submitted their joint report to the Congress on “Mortgage Settlement Costs” and that the time has come for the recommendations for Federal legislative action made in that report to be implemented. (b) It is the purpose of this Act to effect certain changes in the settlement process for residential real estate that will result— (1) in more effective advance disclosure to home buyers and sellers of settlement costs; (2) in the elimination of kickbacks or referral fees that tend to increase unnecessarily the costs of certain settlement services: (3) in a reduction in the amounts home buyers are required to place in escrow accounts established to insure the payment of real estate taxes and insurance; and (4) in significant reform and modernization of local record keeping of land title information.
definitions

12 USC 2602.

 Sec. 3. For purposes of this Act— (1) the term “federally related mortgage loan” includes any loan which— (A) is secured by residential real property (including individual units of condominiums and cooperatives) designed principally for the occupancy of from one to four families; and (B) (i) is made in whole or in part by any lender the deposits or accounts of which are insured by any agency of the Federal Government, or is made in whole or in part by any lender which is regulated by any agency of the Federal Government; or (ii) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by the Secretary or any other officer or agency of the Federal Government or under or in connection with a housing or urban development 88 Stat. 1725program administered by the Secretary or a housing or related program administered by any other such officer or agency; or (iii) is eligible for purchase by the Federal National Mortgage Association, the Government National Mortgage Association, or the Federal Home Loan Mortgage Corporation, or from any financial institution from which it could be purchased by the Federal Home Loan Mortgage Corporation; or (iv) is made in whole or in part by any “creditor”, as defined in section 103(f) of the Consumer Credit Protection Act (15 U.S.C. 1602(f)), who makes or invests in residential real estate loans aggregating more than $1,000,000 per year; (2) the term “thing of value" includes any payment, advance, funds, loan, service, or other consideration; (3) the term “settlement services” includes any service provided in connection with a real estate settlement including, but not limited to, the following: title searches, title examinations, the provision of title certificates, title insurance, services rendered by an attorney, the preparation of documents, property surveys, the rendering of credit reports or appraisals, pest and fungus inspections, services rendered by a real estate agent or broker, and the handling of the processing, and closing or settlement; (4) the term “title company” means any institution which is qualified to issue title insurance, directly or through its agents, and also refers to any duly authorized agent of a title company; (5) the term “person” includes individuals, corporations, associations, partnerships, and trusts; and (6) the term “Secretary” means the Secretary of Housing and Urban Development.
uniform settlement statement Sec. 4. The Secretary, in consultation with the Administrator of

12 USC 2603.

Veterans’ Affaire, the Federal Deposit Insurance Corporation, and the Federal Home Loan Bank Board, shall develop and prescribe a standard form for the statement of settlement costs which shall be used (with such minimum variations as may be necessary to reflect unavoidable differences in legal and administrative requirements or practices in different areas of the country) as the standard real estate settlement form in all transactions in the United States which involve federally related mortgage loans: Such form shall conspicuously and clearly itemize all charges imposed upon the borrower and all charges imposed upon the seller in connection with the settlement and shall indicate whether any title insurance premium included in such charges covers or insures the lender’s interest in the property, the borrower’s interest, or both. Such form shall include all, information and data required to be provided for such transactions under the Truth in Lending Act and

15 USC 1601 note.

the regulations issued thereunder by the Federal Reserve Board, and may be used in satisfaction of the disclosure requirements of that Act, and shall also include provision for execution of the waiver allowed by section 6(c).
special information booklets Sec. 5. (a) The Secretary shall prepare and distribute booklets to

12 USC 2604.

help persons borrowing money to finance the purchase of residential real estate better to understand the nature and costs of real estate settlement services. The Secretary shall distribute such booklets to all lenders which make federally related mortgage loans. 88 Stat. 1726 (b) Each booklet shall be in such form and detail as the Secretary shall prescribe and, in addition to such other information as the Secretary may provide, shall include in clear and concise language— (1) a description and explanation of the nature and purpose of each cost incident to a real estate settlement; (2) an explanation and sample of the standard real estate settlement form developed and prescribed under section 4; (3) a description and explanation of the nature and purpose of escrow accounts when used in connection with loans secured by residential real estate; (4) an explanation of the choices available to buyers of residential real estate in selecting persons to provide necessary services incident to a real estate settlement; and (5) an explanation of the unfair practices and unreasonable or unnecessary charges to be avoided by the prospective buyer with respect to a real estate settlement. Such booklets shall take into consideration differences in real estate settlement procedures which may exist among the several States and territories of the United States and among separate political subdivisions within the same State and territory. (c) Each lender referred to in subsection (a) shall provide the booklet described in such subsection to each person from whom it receives an application to borrow money to finance the purchase of residential real estate. Such booklet shall be provided at the time of receipt of such application. (d) Booklets may be printed and distributed by lenders if their form and content are approved by the Secretary as meeting the requirements of subsection (b) of this section.
advance disclosure of settlement costs

12 USC 2605.

 Sec. 6. (a) Any lender agreeing to make a federally related mortgage loan shall provide or cause to be provided to the prospective borrower, to the prospective seller, and to any officer or agency of the Federal Government proposing to insure, guarantee, supplement, or assist such loan, at the time of the loan commitment, but in no case later than twelve calendar days prior to settlement, upon the standard real estate settlement form developed and prescribed under section 4, or upon a form developed and prescribed by the Secretary specifically for the purposes of this section, and in accordance with regulations prescribed by the Secretary, an itemized disclosure in writing of each charge arising in connection with such settlement. For the purposes of complying with this section, it shall be the duty of the lender agreeing to make the loan to obtain or cause to be obtained from persons who provide or will provide services in connection with such settlement the amount of each charge they intend to make. In the event the exact amount of any such charge is not available, a good faith estimate of such charge may be provided.

Liability.

 (b) If any lender fails to provide a prospective borrower or seller with the disclosure as required by subsection (a), it shall be liable to such borrower or seller, as the case may be, in an amount equal to— (1) the actual damages involved or $500. whichever is greater, and (2) in the case of any successful action to enforce the foregoing liability, the court costs of the action together with a reasonable attorney’s fee as determined by the court; except that a lender may not be held liable for a violation in my action brought under this subsection if it shows by a preponderance of the evidence that the violation was not intentional and resulted 88 Stat. 1727from a bona fide error notwithstanding the maintenance of procedures adopted to avoid any such error. (c) The provisions of subsection (a) shall be deemed to be satisfied with respect to a borrower or seller in connection with any settlement involving a federally related mortgage loan if the disclosure required by subsection (a) is provided at any time prior to settlement and the prospective borrower or seller, as the case may be, executes, under terms and conditions prescribed by regulations to lie issued by the Secretary after consultation with the appropriate Federal agencies, a waiver of the requirement that the disclosure be provided at least twelve calendar days prior to such settlement. In issuing such regulations, the Secretary shall take into account the need to protect the borrower’s and the sellers right to a timely disclosure. (d) With respect to any particular transaction involving a federally related mortgage loan, no borrower shall maintain an action or separate actions against any lender under both the provisions of this section and the provisions of section 130 of the Consumer Credit Protection Act (15 U.S.C. 1640). (e) The provisions of this Act shall supersede the provisions of section 121(c) of the Consumer Credit Protection Act insofar as the latter

15 USC 1631.

applies to federally related mortgage loans as defined in this Act.
disclosure of previous selling price of existing real property Sec. 7. (a) No lender shall make any commitment for a federally

12 USC 2606.

related mortgage loan on a residence on which construction has been completed more than twelve months prior to the date of such commitment unless it has confirmed that the following information has been disclosed in writing by the seller or his agent to the buyer— (1) the name and address of the present owner of the property being sold; (2) the date the property was acquired by the present owner (the year only if the property was acquired more than two years previously); and (3) if the seller has not owned the property for at least two years prior to the date of the loan application and has not used the property as a place of residence, the date and purchase price of the last arm’s length transfer of the property, a list of any subsequent improvements made to the property (excluding maintenance repairs) and the cost of such improvements. (b) the obligations imposed upon a lender by this section shall be deemed satisfied and a commitment for a federally related mortgage loan may thereafter lie made if the lender receives a copy of the written statement provided by the seller to the buyer supplying the information required by subsection (a). (c) Whoever knowingly and willfully provides false information

Noncompliance, penalty.

under this section or otherwise willfully fails to comply with its requirements shall lie fined not more than $10,000 or imprisoned for not more than one year, or both.
prohibition against kickbacks and unearned fees Sec. 8. (a) No person shall give and no person shall accept any fee,

12 USC 2607.

kickback, or thing of value pursuant to any agreement or understanding, oral or otherwise, that business incident to or a part of a real estate settlement service involving a federally related mortgage loan shall be referred to any person. (b) No person shall give and no person shall accept any portion, split, or percentage of any charge made or received for the rendering 88 Stat. 1728of a real estate settlement service in connection with a transaction involving a federally related mortgage loan other than for services actually performed. (c) Nothing in this section shall be construed as prohibiting (1) the payment of a fee (A) to attorneys at law for services actually rendered or (B) by a title company to its duly appointed agent for services actually performed in the issuance of a policy of title insurance or (C) by a lender to its duly appointed agent for services actually performed in the making of a loan, or (2) the payment to any person of a bona fide salary or compensation or other payment for goods or facilities actually furnished or for services actually performed.

Penalties.

 (d) (1) Any person or persons who violate the provisions of this section shall lie fined not more than $10,000 or imprisoned for not more than one year, or both. (2) In addition to the penalties provided by paragraph (1) of this subsection, any person or persons who violate the provisions of subsection (a) shall be jointly and severally liable to the person or persons whose business has been referred in an amount equal to three times the value or amount of the fee or thing of value, and any person or persons who violate the provisions of subsection (b) shall be jointly and severally liable to the person or persons charged for the settlement services involved in an amount equal to three times the amount of the portion, split, or percentage. In any successful action to enforce the liability under this paragraph, the court may award the court costs of the action together with a reasonable attorney’s fee as determined by the court.
title companies

12 USC 2608.

 Sec. 9. (a) No seller of property that will be purchased with the assistance of a federally related mortgage loan shall require directly or indirectly, as a condition to selling the property, that title insurance covering the property be purchased by the buyer from any particular title company.

Liability.

 (b) Any seller who violates the provisions of subsection (a) shall be liable to the buyer in an amount equal to three times all charges made for such title insurance.
limitation on requirement of advance deposits in escrow accounts

12 USC 2609.

 Sec. 10. No lender, in connection with a federally related mortgage loan, shall require the borrower or prospective borrower— (1) to deposit in any escrow account which may be established in connection with such loan for the purpose of assuring payment of taxes and insurance premiums with respect to the property, prior to or upon the date of settlement, an aggregate sum (for such purpose) in excess of— (A) in any jurisdiction where such taxes and insurance premiums are postpaid, the total amount of such taxes and insurance premiums which will actually be due and payable on the date of settlement and the pro rata portion thereof which has accrued, or (B) in any jurisdiction where such taxes and insurance premiums are prepaid, a pro rata portion of the estimated taxes and insurance premiums corresponding to the number of months from the last date of payment to the date of settlement, plus one-twelfth of the estimated total amount of such taxes and insurance premiums which will become due and payable during the twelve-month period beginning on the date of settlement; or 88 Stat. 1729 (2) to deposit in any such escrow account in any month beginning after the date of settlement a sum (for the purpose of assuring payment of taxes and insurance premiums with respect to the property) in excess of one-twelfth of the total amount of the estimated taxes and insurance premiums which will become due and payable during the twelve-month period beginning on the first day of such month, except that in the event the lender determines there will lie a deficiency on the due date he shall not be prohibited from requiring additional monthly deposits in such escrow account of pro rata portions of the deficiency corresponding to the number of months from the date of the lender’s determination of such deficiency to the date upon which such taxes and insurance premiums become due and payable.
limitations and disclosures with respect to certain federally related mortgage loans Sec. 11. (a) The Federal Deposit Insurance Act is amended by adding at the end thereof the following new section:
“Sec. 25. (a) No insured bank, or mutual savings or cooperative bank

12 USC 1831b.

which is not an insured bank, shall make, any federally related mortgage loan to any agent, trustee, nominee, or other person acting in a fiduciary capacity without the prior condition that the identity of the person receiving the beneficial interest of such loan shall at all times be revealed to the bank. At the request of the Corporation, the bank

Report.

shall report to the Corporation on the identity of such person and the nature and amount of the loan, discount, or other extension of credit, “(b) In addition to other available remedies, this section may be enforced with respect to mutual savings and cooperative banks which are not insured banks in accordance with section 8 of this Act, and for such purpose such mutual savings and cooperative banks shall be held and considered to be State nonmember insured banks and the appropriate Federal agency with respect to such mutual savings and cooperative banks shall be the Federal Deposit Insurance Corporation.”
 (b) Title IV of the National Housing Act is amended by adding at the end thereof the following new section:
“Sec. 413. No insured institution shall make any federally related

12 USC 1730f.

mortgage loan to any agent, trustee, nominee, or other person acting in a fiduciary capacity without the prior condition that the identity of the person receiving the beneficial interest of such loan shall at all times be revealed to the institution. At the request of the Federal Home Loan Bank Board, the insured institution shall report to the Board on the identity of such person and the nature and amount of the loan.”
 (c) The Federal Deposit Insurance Corporation or the Federal

12 USC 1730f note.

Home Loan Bank Board as appropriate may by regulation exempt classes or types of transactions from the provisions added by this section if the Corporation or the Board determines that the purposes of such provisions would not be advanced materially by their application to such transactions.
fee for preparation of truth-in-lending and uniform settlement statements Sec. 12. No fee shall be imposed or charge made upon any other

12 USC 2610.

person (as a part of settlement costs or othewise) by a lender in connection with a federally related mortgage loan made by it (or a loan for the purchase of a mobile home), for or on account of the preparation and submission by such lender of the statement or statements required (in connection with such loan) by sections 4 and 6 of this Act or by the Truth in Lending Act.

16 USC 1601 note.

 88 Stat. 1730
establishment on demonstration basis of land parcel recordation system

12 USC 2611.

 Sec. 13. The Secretary shall establish and place in operation on a demonstration basis, in representative political subdivisions (selected by him) in various areas of the United States, a model system or systems for the recordation of land title information in a manner and form calculated to facilitate and simplify land transfers and mortgage transactions and reduce the cost thereof, with a view to the possible development (utilizing the information and experience gained under this section) of a nationally uniform system of land parcel recordation.
report of the secretary on necessity for further congressional action

Report to Congress.

12 USC 2612.

 Sec. 14. (a) The Secretary, after consultation with the Administrator of Veterans’ Affairs, the Federal Deposit Insurance Corporation, and the Federal Home Loan Bank Board, and after such study, investigation, and hearings (at which representatives of consumers groups shall be allowed to testify) as he deems appropriate, shall, not less than three years nor more than five years from the effective date of this Act, report to the Congress on whether, in view of the implementation of the provisions of this Act imposing certain requirements and prohibiting certain practices in connection with real estate settlements, there is any necessity for further legislation in this area.

Report to Congress.

 (b) If the Secretary concludes that there is necessity for further legislation, he shall report to the Congress on the specific practices or problems that should be the subject of such legislation and the corrective measures that need to be taken. In addition, the Secretary shall include in his report— (1) recommendations on the desirability of requiring lenders of federally related mortgage loans to bear the costs of particular real estate settlement services that would otherwise be paid for by borrowers; (2) recommendations on whether Federal regulation of the charges for real estate settlement services in federally related mortgage transactions is necessary and desirable, and, if he concludes that such regulation is necessary and desirable, a description and analysis of the regulatory scheme he believes Congress should adopt; and (3) recommendations on the ways in which the Federal Government can assist and encourage local governments to modernize their methods for the recordation of land title information, including the feasibility of providing financial assistance or incentives to local governments that seek to adopt one of the model systems developed by the Secretary in accordance with the provisions of section 13 of this Act.
demonstration to determine feasibility of including statements of settlement costs in special information booklets

12 USC 2613.

 Sec. 15. The Secretary shall, on a demonstration basis in selected housing market areas, have prepared and included in the special information booklets required to be furnished under section 5 of this Act, statements of the range of costs for specific settlement services in such

Report to Congress.

areas. Not later than June 30, 1976, the Secretary shall transmit to the Congress a full report on the demonstration conducted under this section. Such report shall contain the Secretary’s assessment of the 88 Stat. 1731feasibility of preparing and including settlement cost range statements for all housing market areas in the special information booklets for such areas.
Sec. 16. Any action to recover damages pursuant to the provisions

12 USC 2614.

of section 6, 8, or 9 may be brought in the United States district court for the district in which the property involved is located, or in any other court of competent jurisdiction, within one year from the date of the occurrence of the violation.
validity of contracts and liens Sec. 17. Nothing in this Act shall affect the validity or enforce-ability

12 USC 2615.

of any sale or contract for the sale of real property or any loan, loan agreement, mortgage, or lien made or arising m connection with a federally related mortgage loan.
relation to state laws Sec. 18. (a) This Act does not annul, alter, or affect, or exempt

12 USC 2616.

any person subject to the provisions of this Act from complying with, the laws of any State with respect to settlement practices, except to the extent that those, laws are inconsistent with any provision of this Act, and then only to the extent of the inconsistency. The Secretary is authorized to determine whether such inconsistencies exist. The Secretary may not determine that any State law is inconsistent with any provision of this Act if the Secretary determines that such law gives greater protection to the consumer. In making these determinations the Secretary shall consult with the appropriate Federal agencies. (b) No provision of this Act or of the laws of any State imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule, regulation, or interpretation thereof by the Secretary, notwithstanding that after such act or omission has occurred, such rule, regulation, or interpretation is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
effective date Sec. 19. The provisions of this Act, and the amendments made

12 USC 2601 note.

thereby, shall become effective one hundred and eighty days after the n date of the enactment of this Act.
Approved December 22, 1974.
Public Law 93–534: To allow advance payment of subscription charges for publication for official use prepared for auditory as well as visual usage. Public Law 534 Public Law 93–534 88 Stat. 1731 1974-12-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–534 93rd Congress
AN ACT To allow advance payment of subscription charges for publication for official use prepared for auditory as well as visual usage.

December 22, 1974

[H. R. 7072]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Act of

Publications for official use.

Advance payment.

31 USC 530b.

June 12, 1930 (46 Stat. 580, 31 U.S.C. 530a), as amended, is hereby amended by adding at the end thereof the following new section:
“Sec. 2. For the purposes of this Act, the term ‘other publications’ shall include any publication printed, microfilmed, photocopied, or magnetically or otherwise recorded for auditory or visual usage.”
Approved December 22, 1974.
Public Law 93–535: To establish the Cascade Head Scenic-Research Area in the State of Oregon, and for other purposes. Public Law 535 Public Law 93–535 88 Stat. 1732 1974-12-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1732 Public Law 93–535 93rd Congress
AN ACT To establish the Cascade Head Scenic-Research Area in the State of Oregon, and for other purposes.

December 22, 1974

[H. R. 8352]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That in order to

Cascade Head Scenic-Research Area, Oreg.

Establishment.

16 USC 541.

provide present and future generations with the use and enjoyment of certain ocean headlands, rivers, streams, estuaries, and forested areas, to insure the protection and encourage the study of significant areas for research and scientific purposes, and to promote a more sensitive relationship between man and his adjacent environment, there is hereby established, subject to valid existing rights, the Cascade Head Scenic-Research Area (hereinafter referred to as “the Area”) in the Siuslaw National Forest in the State of Oregon.

Administration.

16 USC 541a.
Sec. 2. The administration, protection, development, and regulation of use of the Area shall be by the Secretary of Agriculture (hereinafter referred to as the “Secretary”) in accordance with the laws, rules, and regulations applicable to national forests, in such manner as in his judgment will best contribute to attainment of the purposes of this Act.
Sec. 3. (a) The boundaries of the Area, and the boundaries of the subareas included therein, shall be those shown on the map entitled “Proposed Cascade Head Scenic-Research Area”, dated June 1974, which is on file and available for public inspection in the office of the Chief, Forest Service, United States Department of Agriculture: Provided, That, from time to time, the Secretary may, after public hearing or other appropriate means for public participation, make adjustments in the boundaries of subareas to reflect changing natural conditions or to provide for more effective management of the Area and each of the subareas in accordance with the purposes and provisions of this Act.

Comprehensive management plan.

 (b) As soon as practicable after the enactment of this Act, the Secretary shall, with provisions for appropriate public participation in the planning process, develop a comprehensive management plan for the Area. Said plan shall prescribe specific management objectives and management controls necessary for the protection, management, and development of the Area and each of the subareas established pursuant to subsection (c) hereof.

Subareas, establishment.

 (c) Within the Area, the following subareas shall be established and shall be managed in accord with the following primary management objectives which shall lie supplemental to the general management objectives applicable to the entire Area: (1) Estuary and Associated Wetlands Subarea: An area managed to protect and perpetuate the fish and wildlife, scenic, and research-education values, while allowing dispersed recreation use, such as sport fishing, nonmotorized pleasure boating, waterfowl hunting, and other uses which the Secretary determines are compatible with the protection and perpetuation of the unique natural values of the subarea. After appropriate study, breaching of existing dikes may be permitted within the subarea. (2) Lower Slope-Dispersed Residential Subarea: An area managed to maintain the scenic, soil and watershed, and fish and wildlife values, while allowing dispersed residential occupancy, selective recreation use, and agricultural use. (3) Upper Timbered Slope and Headlands Subareas: Areas managed to protect the scenic, soil and watershed, and fish and wildlife values while allowing selective recreation and extensive 88 Stat. 1733research-educational activities. Timber harvesting activity may occur in these subareas only when the Secretary determines that such harvesting is to be conducted in connection with research activities or that the preservation of the timber resource is imminently threatened by fire, old age, infestation, or similar natural occurrences. (4) Coastline and Sand Dune-Spit Subareas: Areas managed to protect and maintain the scenic and wildlife values while allowing selective recreation and extensive research-educational activities.
Sec. 4. (a) The boundaries of the Siuslaw National Forest are hereby

Siuslaw National Forest, boundary extension.

16 USC 541c.

extended to include all of the lands lying within the Area as described in accordance with section 3 of this Act which are not within the national forest boundaries on the date of enactment of this Act. (b) Notwithstanding any other provision of law, any Federal property located on the lands added to the Siuslaw National Forest by this section may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary. Any lands so transferred shall become part of the Siuslaw National Forest.
Sec. 5. (a) Subject to the provisions of subsection (b) of this subsection,

Lands and waters, acquisition.

16 USC 541d.

the Secretary is authorized to acquire lands, waters, or interests therein within the Area by donation, purchase, exchange, or otherwise. (b) Within all subareas of the Area except the estuary and associated wetlands subarea, the Secretary may not acquire any land or interest in land without the consent of the owner or owners so long as the owner or owners use such land for substantially the same purposes and in the same manner as it was used and maintained on June 1, 1974: Provided, however, That the Secretary may acquire any land or interest in land without the consent of the owner or owners when such land is in imminent danger of being used for different purposes or in a different manner from the use or uses existing on June 1, 1974. The Secretary shall publish, within one hundred and eighty days of

Guidelines, publication.

the enactment of this Act, guidelines which shall be used by him to determine what constitutes a substantial change in land use or maintenance for the non-federally-owned lands within the Area. Within

Hearing.

the estuary and associated wetlands subarea the Secretary may acquire any land or interest in land without the consent of the owner or owners at any time, after public hearing. (c) At least thirty days prior to any substantial change in the use

Notice of proposed change.

or maintenance of any non-federally-owned land within the Area, the owner or owners of such land shall provide notice of such proposed change to the Secretary or his designee, in accordance with such guidelines as the Secretary may establish.
Sec. 6. Notwithstanding the provisions of clause 7(a) (1) of the Act

Availability of funds.

16 USC 541e.

16 USC 460l–9.

of September 3, 1964 (78 Stat. 903), as amended, moneys appropriated from the Land and Water Conservation Fund shall be available for the acquisition of any lands, waters, or interests therein within the area added to the Siuslaw National Forest by this Act.
Sec. 7. The lands within the Area, subject to valid existing rights,

16 USC 541f.

are hereby withdrawn from location, entry, and patent under the United States mining laws and from disposition under all laws pertaining to mineral leasing and all amendments thereto.
Sec. 8. (a) The Secretary, pursuant to the Federal Advisory Committee

Advisory council.

16 USC 541g.

5 USC app. I.

Act (86 Stat. 770), shall establish an advisory council for the Area, and shall consult on a periodic and regular basis with such coun-88 Stat. 1734

Membership.

cil with respect to matters relating to management of the Area. The members of the advisory council, who shall not exceed eleven in number, shall serve for the individual staggered terms of three years each and shall be appointed by the Secretary as follows— (1) a member to represent each county in which a portion of the Area is located, each such appointee to be designated by the respective governing body of the county involved; (2) a member appointed to represent the State of Oregon, who shall be designated by the Governor of Oregon; and (3) not to exceed eight members appointed by the Secretary from among persons who, individually or through association with national or local organizations, have an interest in the administration of the Area. (b) The Secretary shall designate one member to be chairman and shall fill vacancies in the same manner as the original appointment.

Compensation.

 (c) The members shall not receive any compensation for their services as members of the advisory council, but they shall be reimbursed for travel expenses and shall be allowed, as appropriate, per diem or actual subsistence expenses. (d) In addition to his consultation with the advisory council, the Secretary shall seek the views of other private groups, individuals, and the public, and shall seek the views and assistance of, and cooperate with, all other Federal, State, and local agencies with responsibilities for zoning, planning, migratory fish, waterfowl, and marine animals, water, and natural resources, and all nonprofit agencies and organizations which may contribute information or expertise about the resources, and the management, of the Area, in order that the knowledge, expertise and views of all agencies and groups may contribute affirmatively to the most sensitive present and future use of the Area and its various subareas for the benefit of the public.

State jurisdiction.

16 USC 541h.
Sec. 9. The Secretary shall cooperate with the State of Oregon and political subdivisions thereof in the administration of the Area and in the administration and protection of lands within and adjacent to the Area owned or controlled by the State or political subdivisions thereof. Nothing in this Act shall deprive the State of Oregon or any political subdivision thereof of its right to exercise civil and criminal jurisdiction within the Area consistent, with the provisions of this Act, or of its right to tax persons, corporations, franchises or other non-Federal property, in or on the lands or waters within the Area.
Approved December 22, 1974.
Public Law 93–536: To amend title 44, United States Code, to redesignate the National Historical Publications Commission as the National Historical Publications and Records Commission, to increase the membership of such Commission, and to increase the authorization of appropriations for such Commission. Public Law 536 Public Law 93–536 88 Stat. 1734 1974-12-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–536 93rd Congress
AN ACT To amend title 44, United States Code, to redesignate the National Historical Publications Commission as the National Historical Publications and Records Commission, to increase the membership of such Commission, and to increase the authorization of appropriations for such Commission.

December 22, 1974

[H. R. 15818]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) chapter

National Historical Publications Commission.

Name change.

44 USC 2501.

25 of title 44, United States Code, is amended by inserting “AND RECORDS” immediately after “PUBLICATIONS” in the chapter heading. 88 Stat. 1735 (b) Section 2501 of such title is amended by inserting “two members

Membership increase.

of the Society of American Archivists to be appointed, for terms of four years, by the Society of American Archivists; two members of the American Association for State and Local History to be appointed, for terms of four years, by the American Association for State and Local History;” immediately after the last semicolon in such section. (c) Section 2504(b) of such title is amended by—

Appropriation.

 (1) striking out “1973” and inserting in lieu thereof “1975”; and (2) striking out “$2,000,000” and inserting in lieu thereof “$4,000,000”.
Sec. 2. The chapter analysis at the beginning of title 44, United States Code, is amended by striking out “25.

and inserting in lieu thereof

“25.
Approved December 22, 1974.
Public Law 93–537: To provide for increased participation by the United States in the Asian Development Bank. Public Law 537 Public Law 93–537 88 Stat. 1735 1974-12-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–537 93rd Congress
AN ACT To provide for increased participation by the United States in the Asian Development Bank.

December 22, 1974

[S. 2193]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Asian

Asian Development Bank.

U.S. participation, increase.

22 USC 285q.

Development Bank Act, as amended (22 U.S.C. 285–285p), is further amended by adding at the end thereof the following new sections:
“Sec. 20. (a) The United States Governor of the Bank is authorized to subscribe on behalf of the United States to thirty thousand additional shares of the capital stock of the Bank in accordance with and subject to the terms and conditions of Resolution Numbered 46 adopted by the Bank’s Board of Governors on November 30, 1971. “(b) In order to pay for the increase in the United States subscription

Appropriation.

to the Bank provided for in this section, there is hereby authorized to be appropriated without fiscal year limitation $361,904,726 for payment by the Secretary of the Treasury.
“Sec. 21. (a) The United States Governor of the Bank is hereby

22 USC 285r.

authorized to agree to contribute on behalf of the United States $50,000,000 to the special funds of the Bank. This contribution shall be made available to the Bank pursuant to the provisions of article 19 of the articles of agreement of the Bank. “(b) In order to pay for the United States contribution to the

Appropriation.

special funds, there is hereby authorized to be appropriated without fiscal year limitation $50,000,000 for payment by the Secretary of the Treasury.”.
Approved December 22, 1974.
Public Law 93–538: To amend chapter 39 of title 38, United States Code, relating to automobiles and adaptive equipment for certain disabled veterans and members of the Armed Forces. Public Law 538 Public Law 93–538 88 Stat. 1736 1974-12-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1736 Public Law 93–538 93rd Congress
AN ACT To amend chapter 39 of title 38, United States Code, relating to automobiles and adaptive equipment for certain disabled veterans and members of the Armed Forces.

December 22, 1974

[S. 2363]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may Disabled Veterans’ and Servicemen’s Automobile and

Adaptive Equipment Amendments of 197.

38 USC 1901 note.

be cited as the “Disabled Veterans’ and Servicemen’s Automobile and Adaptive Equipment Amendments of 1974”.
Sec. 2. Section 1901 of title 38, United States Code, is amended as follows: (1) by striking out in paragraph (1) all of that part of clause (A) beginning with “World War II,” down through the end of such clause, and inserting in lieu thereof “World War II or thereafter:”; (2) by striking out in paragraph (1) all of that part of clause (B) beginning with “World War II,” down through the end of such clause, and inserting in lieu thereof “World War II or thereafter.”; and (3) by amending paragraph (2) to read as follows:

“Adaptive equipment.”

 “(2) The term ‘adaptive equipment’ includes, but is not limited to, power steering, power brakes, power window lifts, power seats, and special equipment necessary to assist the eligible person into and out of the automobile or other conveyance. Such term also includes (A) air-conditioning equipment when such equipment is necessary to the health and safety of the veteran and to the safety of others, regardless of whether the automobile or other conveyance is to be operated by the eligible person or is to be operated for such person by another person; and (B) any modification of the size of the interior space of the automobile or other conveyance if needed because of the physical condition of such person in order for such person to enter or operate the vehicle.”.

38 USC 1902.
Sec. 3. Section 1902 of such title is amended as follows: (1) by inserting in subsection (a) “(including all State, local, and other taxes)” after “conveyance” the second time it appears; (2) by striking out in subsection (a) “$2,800,” and inserting in lieu thereof “$3,300,”; and (3) by inserting in subsection (c)(2) “previously or” after “may”.

38 USC 1903.
Sec. 4. (a) Section 1903 of such title is amended by adding at the end thereof the following new subsection:

Special driver training courses.

 “(e)(1) The Administrator shall provide, directly or by contract, for the conduct of special driver training courses at every hospital and, where appropriate, at regional offices and other medical facilities, of the Veterans’ Administration to instruct such eligible person to operate the type of automobile or other conveyance such person wishes to obtain with assistance under this chapter, and may make such courses available to any veteran or member of the Armed Forces,

38 USC 601.

eligible for care under chapter 17 of this title, who is determined by the Administrator to need the special training provided in such courses even though such veteran or member is not eligible for the assistance provided under this chapter. 88 Stat. 1737 “(2) The Administrator is authorized to obtain insurance on automobiles

Insurance.

and other conveyances (not owned by the Government) used in conducting the special driver training courses provided under this subsection and to obtain, at Government expense, personal liability and property damage insurance for all persons taking such courses without regard to whether such persons are taking the course on an in-patient or out-patient basis.”. (b) The catchline of such section is amended by adding at the end thereof a semicolon and “special training courses”. (c) The table of sections at the beginning of chapter 39 of such title is amended by striking out “1903.

and inserting in lieu thereof

“1903.
Sec. 5. (a) Chapter 39 of such title is further amended by adding at the end thereof the following new section:
Ҥ 1904. Research and development; coordination with other Federal programs

38 USC 1904.

 “(a) In carrying out prosthetic and orthopedic appliance research under section 216 and medical research under section 4101 of this title, the Administrator, through the Chief Medical Director, shall provide for special emphasis on the research and development of adaptive equipment and adapted conveyances (including vans) meeting standards of safety and quality prescribed under subsection (d) of section 1903, including support for the production and distribution of devices and conveyances so developed. “(b) In carrying out subsection (a) of this section, the Administrator, through the Chief Medical Director, shall consult and cooperate with the Secretary of Health, Education, and Welfare and the Commissioner of the Rehabilitation Services Administration, Department of Health, Education, and Welfare, in connection with programs carried out under section 3(b) of the Rehabilitation Act of 1973 (Public Law 93–112; 87 Stat. 357) (relating to the development and support,

29 USC 702.

and the stimulation of the development and utilization, including production and distribution of new and existing devices, of innovative methods of applying advanced medical technology, scientific achievement, and psychological and social knowledge to solve rehabilitation problems), section 202(b)(2) of such Act (relating to the establishment

29 USC 762.

and support of Rehabilitation Engineering Research Centers), and section 405 of such Act (relating to the Secretarial responsibilities

29 USC 785.

for planning, analysis, promoting utilization of scientific advances, and information clearinghouse activities).”.
 (b) The table of sections at the beginning of such chapter 39 is amended by inserting at the end thereof: “1904.
Sec. 6. The provisions of this Act shall become effective on the first

Effective date.

38 USC 1901 note.

day of the second calendar month following the date of enactment, except that clause (3) of section 3 shall take effect on January 11, 1971.
Approved December 22, 1974.
Public Law 93–539: To grant relief to payees and special indorsees of fraudulently negotiated checks drawn on designated depositaries of the United States by extending the availability of the check forgery insurance fund, and for other purposes. Public Law 539 Public Law 93–539 88 Stat. 1738 1974-12-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1738 Public Law 93–539 93rd Congress
AN ACT To grant relief to payees and special indorsees of fraudulently negotiated checks drawn on designated depositaries of the United States by extending the availability of the check forgery insurance fund, and for other purposes.

December 22, 1974

[H. R. 6274]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Act of

Check forgery insurance fund.

November 21, 1941 (55 Stat. 777; 31 U.S.C. 561–564), is amended as follows:

31 USC 561 note, 564.

31 USC 563a.

 (a) Sections 4 and 5 are redesignated as sections 5 and 6. (b) A new section 4 is added to read as follows:
“Sec. 4. The Secretary of the Treasury is authorized to make available to accountable officers of the United States sums in the fund to pay to a payee or special indorsee of a check drawn on and paid by a designated depositary of the United States the amount of the check, without interest, where it is established, in accordance with regulations

Supra.

31 USC 562.

promulgated under section 5, that the conditions specified in section 2 of this Act, except as they pertain to the Treasurer of the United States, have been fulfilled. Notwithstanding the provisions of section 1415 of the Supplemental Appropriation Act, 1953 (66 Stat. 662; 31 U.S.C. 724), where such check was payable in a foreign currency the accountable officer may be authorized to make payment in that foreign currency. The liability and restoration provisions of section

31 USC 563.

3 of this Act shall apply with respect to checks drawn on designated depositaries, except that recoveries of foreign currency shall be used, as required, to reimburse either the foreign currency fund or account or the check forgery insurance fund, whichever account or fund is charged when settlement is made with the payee or indorsee.”
Approved December 22, 1974.
Public Law 93–540: To authorize the exchange of certain lands between the Pueblo of Acoma and the Forest Service. Public Law 540 Public Law 93–540 88 Stat. 1738 1974-12-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–540 93rd Congress
AN ACT To authorize the exchange of certain lands between the Pueblo of Acoma and the Forest Service.

December 22, 1974

[H. R. 6925]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary

Indians.

Pueblo of Acoma Tribe, N. Mex.

Land exchange with Forest Service.

of the Interior shall transfer lands and minerals therein, within section 17, township 11 north, range 8 west, and section 13, township 11 north, range 9 west, New Mexico Principal Meridian, now held in trust for the Pueblo of Acoma Tribe, to the Secretary of Agriculture for administration as a part of the Mount Taylor Division, Cibola National Forest, and subject to the laws, rules, and regulations applicable to the National Forest System.
Sec. 2. The lands and minerals therein, within section 20, township 11 north, range 8 west, and section 24, township 11 north, range 9 west, New Mexico Principal Meridian, now a part of the Cibola National Forest, are hereby declared to be held in trust by the Secretary of the Interior for the Pueblo of Acoma Tribe: Provided, That rights-of-way sixty-six feet in width, being thirty-three feet on either side of the centerline, for Forest Service Development System roads now in place across said lands, shall be retained by the Secretary of Agriculture.
Sec. 3. Any transfer effected by this Act shall be subject to valid claims as long as they are maintained.
Approved December 22, 1974.
Public Law 93–541: Amending the National Housing Act to clarify the authority of the Federal Savings and Loan Insurance Corporation with respect to the insurance of public deposits, and for other purposes. Public Law 541 Public Law 93–541 88 Stat. 1739 1974-12-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1739 Public Law 93–541 93rd Congress
JOINT RESOLUTION Amending the National Housing Act to clarify the authority of the Federal Savings and Loan Insurance Corporation with respect to the insurance of public deposits, and for other purposes.

December 26, 1974

[S. J. Res. 263]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 405 of the

Insurance of public deposits.

National Housing Act (12 U.S.C. 1728) is amended— (1) by inserting after “this subsection” in the second sentence of subsection (a) thereof a comma and the following: “subsection (d) of this section,”; (2) by striking out “this subchapter” in subsection (d) and inserting in lieu thereof “this title”; (3) by inserting immediately after “or of the Virgin Islands” in subsection (d) (1) (iv) a comma and the following: “or of any territory or possession of the United States”; and (4) by striking out “or the Virgin Islands” in subsection (d)(1)(iv) and inserting in lieu thereof a comma and the following: “the Virgin Islands, or any such territory or possession”.
Sec. 2. The first sentence of section 302(b) (1) of the National Housing Act (12 U.S.C. 1717(b)(1)) is amended by striking out “to a public agency” and inserting in lieu thereof “or guaranteed”.
Sec. 3. The first sentence of section 7(a) of the Federal Home Loan Bank Act (12 U.S.C. 1427) is amended by striking “twelve”, “four”, and “one-half” and inserting in lieu thereof “fourteen”, “six”, and “three-fourths”, respectively.
Sec. 4. Public Law 93–127 is amended by adding at the end thereof

Coinage, continuation of minting authority .

31 USC 324i.

the following new section:
“Sec. 6. Nothing in this Act prohibits the Secretary of the Treasury, when he deems it necessary to assure an adequate supply of coins to meet the national needs, from continuing the minting for issuance during the calendar year 1975 of dollar, half-dollar, and quarter-dollar coins bearing the design and coinage date provided for in section 3517 of the Revised Statutes, as amended (31 U.S.C. 324).”.
Sec. 5. The first sentence of section 4 of Public Law 93–127 is

31 USC 324g.

amended by striking out “July 4, 1975, for issuance on and after such date” and inserting in lieu thereof “July 4, 1976, for issuance on and after July 4, 1975”.
Sec. 6. Section 8a of the Federal Home Loan Bank Act (12 U.S.C. 1428a) is hereby amended by striking the first sentence thereof and inserting in lieu thereof the following: “There is hereby created a Federal Savings and Loan Advisory Council, which shall continue to exist as long as the Board biannually determines, as a matter of formal record, after consultation with the Director of the Office of Management and Budget, with timely notice in the Federal Register, to be

Publication in Federal Register.

in the public interest in connection with the performance of duties imposed on the Council by law. The Council shall, in all other respects, be subject to the provisions of the Federal Advisory Committee Act. The Council shall consist of one member for each Federal

5 USC app. I.

 Home Loan Bank district to be elected annually by the board of directors of the Federal Home Loan Bank in such district and twelve members to be appointed annually by the Board to represent the public interest.”.
Approved December 26, 1974.
Public Law 93–542: Transferring to the State of Alaska certain archives and records in the custody of the National Archives of the United States. Public Law 542 Public Law 93–542 88 Stat. 1740 1974-12-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1740 Public Law 93–542 93rd Congress
JOINT RESOLUTION Transferring to the State of Alaska certain archives and records in the custody of the National Archives of the United States.

December 26, 1974

[S. J. Res. 234]

 Whereas the archives and records of the Office of the Territorial Governors of Alaska, 1884–1958, were transferred to the Federal Archives and Records Center, Seattle, Washington, in 1958 as part of a records management improvement program and because of a lack of proper archival facilities in Alaska; and Whereas it was agreed by officials of the General Services Administration and the State of Alaska at that time that legislation would be requested to return these archives and records to the custody of the State of Alaska at such time as a State archival agency should be prepared to receive them; and Whereas the State of Alaska will complete construction of a State archival facility in the near future; and Whereas Federal records created by territorial governments pertaining to territorial activities have traditionally been transferred to the successor State government when a State enters the Union: Now, therefore, be it Resolved by the Senate and House of Representatives of the United state of America in Congress assembled,
That the official archives

State of Alaska.

Archives and records, transfer.

and records of the Territorial Governors of Alaska, 1884-1958, now deposited with the National Archives of the United States at the Federal Archives and Records Center, Seattle, Washington, shall be transferred to the State of Alaska at the expense of the United States: Provided, That the State of Alaska makes provisions for the safekeeping, repair, and preservation of such archives and records in fireproof, air-conditioned storage space under professional archival direction: Provided further, That the Administrator of General Services shall determine that the condition imposed above has been met prior to his release of such archives and records for transfer to the State of Alaska.
Approved December 26, 1974.
Public Law 93–543: To authorize the Secretary of the Interior to convey, by quitclaim deed, all right, title, and interest of the United States in and to certain lands in Coeur d’Alene, Idaho, in order to eliminate a cloud on the title to such lands. Public Law 543 Public Law 93–543 88 Stat. 1740 1974-12-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–543 93rd Congress
AN ACT To authorize the Secretary of the Interior to convey, by quitclaim deed, all right, title, and interest of the United States in and to certain lands in Coeur d’Alene, Idaho, in order to eliminate a cloud on the title to such lands.

December 26, 1974

[S. 2343]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That notwithstanding

Coeur d’Alene, Idaho.

Land conveyance.

the Act of April 28, 1904 (33 Stat. 485), the Secretary of the Interior is authorized and directed to convey, by quitclaim deed and without consideration, to the city of Coeur d’Alene, Idaho, all right, title, and interest of the United States in and to the following tract of land: A triangular shaped tract of land lying in the northeast corner of Government lot 48, section 14, township 50 north, range 4 W.B.M., Kootenai County, State of Idaho, bounded on the west by the Northwest Boulevard, and on the north by Garden Avenue.
Approved December 26, 1974.
Public Law 93–544: To amend the Act of October 27, 1972, establishing the Golden Gate National Recreation Area in San Francisco and Marin Counties, California, and for other purposes. Public Law 544 Public Law 93–544 88 Stat. 1741 1974-12-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 1741 Public Law 93–544 93rd Congress
AN ACT To amend the Act of October 27, 1972, establishing the Golden Gate National Recreation Area in San Francisco and Marin Counties, California, and for other purposes.

December 26, 1974

[H. R. 10834]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 2(a)

Golden Gate National Recreation Area, Calif.

Additional land.

16 USC 460bb–1.

of the Act of October 27, 1972 (86 Stat. 1299), is hereby amended by deleting “Boundary Map, Golden Gate National Recreation Area, numbered NRA-GG-80,003, sheets 1 through 3, and dated July, 1972.” and inserting in lieu thereof “Revised Boundary Map, Golden Gate National Recreation Area, numbered NRA-GG-80.003-G, and dated September 1974”, which shall include, in addition to the existing properties within the Golden Gate National Recreation Area, the following: “Marin County: “(1) Allan Associates, Incorporated property, 38.89 acres, “(2) County of Marin and Tamalpais Community Services District lands, 22.94 acres, “(3) Ghilotti Brothers property, 10.40 acres, “(4) Oakwood Valley area, various properties, 208.89 acres, “(5) Olds property, 207.56 acres, “(6) Wolfback Ridge area, various properties, approximately 265 acres, including approximately 30 acres known as South Ridge Lands: Provided, That the Secretary is authorized to acquire such interest as he deems reasonably necessary to preserve the scenic quality of the 9.47 acres designated for scenic protection, “(7) Keller property, Stinson Beach, 10.59 acres. “(8) Leonard property, Stinson Beach, 8.25 acres, “(9) Muir Beach properties, 3.94 acres.

“San Francisco County:

“Haslett Warehouse; and shall exclude the following:

 “(1) Leonard (homesite), 10.03 acres, “(2) Panoramic Highway area, Stinson Beach. 40.65 acres.”
Approved December 26, 1974.
Public Law 93–545: To provide for crediting service as an aviation midshipman for purposes of retirement for nonregular service under chapter 67 of title 10, United States Code, and for pay purposes under title 37, United States Code. Public Law 545 Public Law 93–545 88 Stat. 1741 1974-12-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–545 93rd Congress
AN ACT To provide for crediting service as an aviation midshipman for purposes of retirement for nonregular service under chapter 67 of title 10, United States Code, and for pay purposes under title 37, United States Code.

December 26, 1974

[H. R. 5056]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 1332

Armed Forces.

Aviation midshipman, service credit.

(b) (7) of title 10, United States Code, is amended by inserting “aviation midshipman,” immediately after “flight officer,”.
Sec. 2. Section 205(a) (1) of title 37, United States Code, is amended by inserting “aviation midshipman,” immediately after “flight officer,”.
Approved December 26, 1974.
Public Law 93–546: To donate certain surplus railway equipment to the Hawaii Chapter of the National Railway Historical Society, Incorporated. Public Law 546 88 Stat. 1742 1974-12-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 1742 Public Law 93–546
An Act To donate certain surplus railway equipment to the Hawaii Chapter of the National Railway Historical Society, Incorporated.

December 26, 1974

[H. R. 1355]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

National Railway Historical Society, Inc., Hawaii Chapter.

Surplus property donations.
Section 1. The Administrator of General Services shall donate to the Hawaii Chapter of the National Railway Historical Society, Incorporated, a Hawaii corporation, within thirty days after the date of enactment of this Act without monetary consideration, all right, title, and interest of the United States in and to surplus railway property consisting of one locomotive and twelve flatcars more particularly described in section 5 of this Act.
Sec. 2. The donation of the surplus property described in section 1

Conditions.

 is subject to the following conditions: (a) A railroad park and museum will be built in the State of Hawaii and open to the public within three years after the date of the enactment of this Act. (b) After the park and museum mentioned in subsection (a) becomes open to the public, all property donated pursuant to this Act will be used for park or museum purposes in or in conjunction with such park and museum. (c) All property donated pursuant to this Act shall be maintained in a reasonable state of repair, and (after the opening of the park and museum mentioned in subsection (a)) shall be available for public access without charge or with minimal charge. (d) The Hawaii Chapter, as such, of the National Railway Historical Society, Incorporated, is of legal capacity, according to the law of the appropriate jurisdiction, to receive and hold title to the property donated pursuant to this Act.
Sec. 3. Upon failure of any condition in section 2 of this Act, except the condition in section 2 (a), the Administrator of General Services, or his authorized delegate, may retake title and possession of any and all such donated property. In the event the condition in section 2(a) fails, the Administrator, or his authorized delegate, may retake title or possession unless the property conveyed is being used for other similar public purposes.
Sec. 4. Donation of property pursuant to this Act shall be on an “as is” and “where is” basis, and without warranty of any kind.
Sec. 5. The surplus property donated pursuant to this Act comprises

Description.

 one 25-ton Cummins, 6 cylinder diesel engine locomotive, USA numbered 7750; and twelve wooden platformed railway flatcars, USA numbered 91816, 91899, 91868, 91903, 91872, 91912, 91876, 91915, 91932, 91878,91920, and 91940.
Approved December 26, 1974.
Public Law 93–547: To amend section 3031 of title 10, United States Code, to increase the number of authorized Deputy Chiefs of Staff for the Army Staff. Public Law 547 88 Stat. 1742 1974-12-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–547
An Act To amend section 3031 of title 10, United States Code, to increase the number of authorized Deputy Chiefs of Staff for the Army Staff.

December 26, 1974

[H.R. 14349]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 3031(a)

U.S. Army Deputy Chiefs of Staff, increase.

 of title 10, United States Code, is amended by striking out “three” in clause (3) and inserting in place thereof “four”.
Approved December 26, 1974.
Public Law 93–548: To amend section 2634 of title 10, United States Code, relating to the shipment at Government expense of motor vehicles owned by members of the armed forces, and to amend chapter 10 of title 37, United States Code, to authorize certain travel and transportation allowances to members of the uniformed services incapacitated by illness. Public Law 548 88 Stat. 1743 1974-12-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 1743 Public Law 93–548
An Act To amend section 2634 of title 10, United States Code, relating to the shipment at Government expense of motor vehicles owned by members of the armed forces, and to amend chapter 10 of title 37, United States Code, to authorize certain travel and transportation allowances to members of the uniformed services incapacitated by illness.

December 26, 1974

[H. R. 16006]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 2634(a)

Armed Forces.

Motor vehicles, shipment.

 of title 10, United States Code, is amended by— (1) striking out the word “or” at the end of clause (2); (2) striking out the period at the end of clause (3) and inserting in lieu thereof a semicolon and the word “or”; and (3) adding at the end thereof a new clause as follows: “(4) in the case of movement, the major portion of which is by shipping services described in clause (1) or (2), by other surface transportation between customary ports of embarkation and debarkation if such means of transport does not exceed the cost to the United States of other authorized means.”.
Sec. 2. Section 2634 of title 10, United States Code, is further

Reshipment.

 amended by adding at the end thereof the following new subsection: “(c) When there has been a shipping error, or when orders directing a change of permanent station have been canceled, revoked, or modified after receipt by the member, a motor vehicle transported pursuant to this section may also be reshipped or transshipped in accordance with this section.”.
Sec. 3. (1) Subsection (b) of section 554, title 37, United States

Certain uniformed services, travel and transportation allowances.

 Code, is amended by— (A) inserting “ill,” before “or absent for a period of more than 29 days in a missing status—”; and (B) striking out “(if injured)” in paragraph (3) and inserting in lieu thereof “(if injured or ill)”. (2) Subsection (c) of section 554, title 37, United States Code, is amended by inserting “or ill” before “status,”.
Sec. 4. The amendments made by section 3 of this Act shall apply

Applicability.

37 USC 554 note.

 with respect to members of the uniformed services incapacitated by illness on or after January 1, 1974.
Approved December 26, 1974.
Public Law 93–549: To prevent reductions in pay for any officer or employee who would be adversely affected as a result of implementing Executive Order 11777. Public Law 549 88 Stat. 1743 1974-12-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–549
An Act To prevent reductions in pay for any officer or employee who would be adversely affected as a result of implementing Executive Order 11777.

December 26, 1974

[H. R. 15067]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That notwithstanding

Federal employees.

Prevention of pay reductions.

5 USC 5332 note.

 the provisions of any other law or any regulation issued thereunder, no officer or employee of the United States shall have his pay reduced by reason of Executive Order 11777, dated April 12, 1974, relating to the effective date of the 1972 Federal pay comparability adjustment.
Sec. 2. The Civil Service Commission shall issue regulations necessary

Regulations.

 to implement this Act.
Approved December 26, 1974.
Public Law 93–550: To designate certain lands in the Farallon National Wildlife Refuge, California, as wilderness; to add certain lands to the Point Reyes National Seashore; and for other purposes. Public Law 550 88 Stat. 1744 1974-12-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 1744 Public Law 93–550
An Act To designate certain lands in the Farallon National Wildlife Refuge, California, as wilderness; to add certain lands to the Point Reyes National Seashore; and for other purposes.

December 26, 1974

[H. R. 11013]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Farallon Wilderness, Calif., designation; Point Reyes National Seashore, Calif., additional lands.

 <num value="I">TITLE I</num> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content>In accordance with section 3(c) of the Wilderness Act of September 3, 1964 (78 Stat. 890, 892; 16 U.S.C. 1132(c)), certain lands in the Farallon National Wildlife Refuge, California, which comprise about one hundred and forty-one acres and which are depicted on a map entitled “Farallon Wilderness—Proposed” and dated October 1969, and revised March 1970, are hereby designated as wilderness. The map shall be on file and available for public inspection in the offices of the Bureau of Sport Fisheries and Wildlife, Department of the Interior.</content> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <content>The area designated by this Act as wilderness shall be<sidenote><p class="firstIndent1 fontsize8">Administration.</p></sidenote> known as the Farallon Wilderness and shall be administered by the Secretary of the Interior in accordance with the applicable provisions of the Wilderness Act.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s1131">16 USC 1131 note</ref>.</p></sidenote></content> </section> <num value="II">TITLE II</num> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content>Subsection (a) of section 2 of the Act of September 13, 1962 (76 Stat. 538), describing the boundaries of the Point Reyes<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s459c–1">16 USC 459c–1</ref>.</p></sidenote> National Seashore, California, is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="2">“<inline class="smallCaps">Sec</inline>. 2. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The area comprising that portion of the land and waters located on Point Reyes Peninsula, Marin County, California, which shall be known as the Point Reyes National Seashore, is described as the area within the boundaries generally depicted on the map entitled ‘Boundary Map, Point Reyes National Seashore, Marin County, California’, numbered 612–80,008–B, and dated August 1974, which shall be on file and available for public inspection in the office of the National Park Service, Department of the Interior.”.</content> </subsection> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content>The Secretary of the Interior shall, as soon as practicable<sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> after the date of enactment of this title, publish an amended description of the boundaries of the Point Reyes National Seashore in the Federal Register, and thereafter he shall take such action with regard to such amended description and the map referred to in section 201 of this title as is required in the second sentence of subsection (b) of section 4 of the Act of September 13, 1962, as amended.<sidenote><p class="firstIndent1 fontsize8">16 USC 459c–4.</p></sidenote></content> </section> Approved December 26, 1974.
Public Law 93–551: To amend the Act to incorporate Little League Baseball to provide that the league shall be open to girls as well as to boys. Public Law 551 88 Stat. 1744 1974-12-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–551
An Act To amend the Act to incorporate Little League Baseball to provide that the league shall be open to girls as well as to boys.

December 26, 1974

[H. R. 8864]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 3 of the

Little League Baseball, Inc.

Girls, equal participation.

36 USC 1073.

 Act of July 16, 1964, entitled “An Act to incorporate the Little League Baseball, Incorporated” (Public Law 88–378), is amended by striking out “boys” each place it appears and inserting in lieu thereof “young people” and by striking out “citizenship, sportsmanship, and manhood” and inserting in lieu thereof “citizenship and sportsmanship”.
Approved December 26, 1974.
Public Law 93–552: To authorize certain construction at military installations, and for other purposes. Public Law 552 88 Stat. 1745 1974-12-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 1745 Public Law 93–552
An Act To authorize certain construction at military installations, and for other purposes.

December 27, 1974

[H.R. 16136]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Military construction and reserve forces facilities authorization acts, 1975.

Military Construction Authorization Acts, 1975.

Army.

 <num value="I">TITLE I</num> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <chapeau class="inline">The Secretary of the Army may establish or develop military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment for the following acquisition and construction:</chapeau> <appropriations level="intermediate"> <heading>Inside the United States</heading> <appropriations level="small"> <heading>united states army forces command</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Bragg, North Carolina, $26,170,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Campbell, Kentucky, $9,742,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Carson, Colorado, $27,701,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Hood, Texas, $42,754,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Sam Houston, Texas, $4,286,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Lewis, Washington, $10,270,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Riley, Kansas, $25,933,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Stewart/Hunter Army Airfield, Georgia, $42,197,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>united states army training and doctrine command</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Belvoir, Virginia, $9,625,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Benning, Georgia, $36,827,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Bliss, Texas, $12,296,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Eustis, Virginia, $8,124,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Gordon, Georgia, $9,858,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Hunter-Liggett Military Reservation, California, $1,108,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Jackson, South Carolina, $19,078,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Knox, Kentucky, $2,264,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Leavenworth, Kansas, $9,911,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Lee, Virginia, $11,473,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort McClellan, Alabama, $17,344,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Presidio of Monterey, California, $3,107,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Ord, California, $3,660,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Polk, Louisiana, $7,304,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Rucker, Alabama, $4,928,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Sill, Oklahoma, $15,587,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Leonard Wood, Missouri, $3,360,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>united states army military district of washington</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Myer, Virginia, $2,497,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>united states army materiel command</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Aberdeen Proving Ground, Maryland, $1,030,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Aeronautical Maintenance Center, Texas, $541,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Anniston Army Depot, Alabama, $7,648,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Letterkenny Army Depot, Pennsylvania, $4,726,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Lexington/Blue Grass Army Depot, Kentucky, $616,000.<page identifier="/us/stat/88/1746">88 <inline class="smallCaps">Stat</inline>. 1746</page></listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Picatinny Arsenal, New Jersey, $2,820,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Red River Army Depot, Texas, $269,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Redstone Arsenal, Alabama, $10,322,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Rock Island Arsenal, Illinois, $2,731,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Sacramento Army Depot, California, $2,599,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Seneca Army Depot, New York, $815,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Sierra Army Depot, California, $717,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Watervliet Arsenal, New York, $3,256,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">White Sands Missile Range, New Mexico, $1,808,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Yuma Proving Ground, Arizona, $1,859,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>united states army communication command</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Huachuca, Arizona, $556,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Ritchie, Maryland, $2,023,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>united states military academy</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">United States Military Academy, West Point, New York, $8,720,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>health services command</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Detrick, Maryland, $486,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Various Locations, $19,773,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>corps of engineers</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Cold Regions Laboratories, New Hampshire, $2,515,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>united states army, alaska</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Greely, Alaska, $251,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Richardson, Alaska, $1,732,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Wainwright, Alaska, $1,512,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>united states army, hawaii</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Schofield Barracks, Hawaii, $15,324,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Tripler General Hospital, Hawaii, $1,205,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>pollution abatement</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Various Locations, Air Pollution Abatement, $1,356,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Various Locations, Water Pollution Abatement, $16,358,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>dining facilities modernization</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Various Locations, $10,723,000.</listContent></listItem> </list> </content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Outside the United States</heading> <appropriations level="small"> <heading>united states army forces, southern command</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Canal Zone, Various Locations, $557,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>united states army, pacific</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Korea, Various Locations, $2,034,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>kwajalein missile range</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">National Missile Range, $1,272,000.</listContent></listItem> </list> </content> </appropriations> <page identifier="/us/stat/88/1747">88 <inline class="smallCaps">Stat</inline>. 1747</page> <appropriations level="small"> <heading>united states army security agency</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Various Locations, $148,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>united states army communication command</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Buckner, Okinawa, $532,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>united states army, europe</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Germany, Various Locations, $27,482,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Camp Darby, Italy, $4,159,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Various Locations: For the United States share of the cost of multilateral programs for the acquisition or construction of military facilities and installations, including international military headquarters for the collective defense of the North Atlantic Treaty Area, $84,000,000: <proviso><i>Provided</i>, That within thirty days after the end of each <sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote> quarter, the Secretary of the Army shall furnish to the Committees on Armed Services and Appropriations of the Senate and the House of Representatives a description of obligations incurred as the United States share of such multilateral programs</proviso>.</listContent></listItem> </list> </content> </appropriations> </appropriations> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <content>The Secretary of the Army may establish or develop Army <sidenote><p class="firstIndent1 fontsize8">Emergency construction.</p></sidenote> installations and facilities by proceeding with construction made necessary by changes in Army missions and responsibilities which have been occasioned by (1) unforeseen security considerations, (2) new weapons developments, (3) new and unforeseen research and development requirements, or (4) improved production schedules if the Secretary of Defense determines that deferral of such construction for inclusion in the next Military (Construction Authorization Act would be inconsistent with interests of national security, and in connection therewith to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment; in the total amount of $10,000,000: <proviso><i>Provided</i>, That the Secretary of the Army, or his designee, <sidenote><p class="firstIndent1 fontsize8">Congressional committees, notification.</p></sidenote> shall notify the Committees on Armed Services of the Senate and House of Representatives, immediately upon reaching a final decision to implement, of the cost of construction of any public work undertaken under this section, including those real estate actions pertaining thereto. This authorization will expire upon enactment of the fiscal year <sidenote><p class="firstIndent1 fontsize8">Authorization expiration.</p></sidenote> 1976 Military Construction Authorization Act except for those public works projects concerning which the Committees on Armed Services of the Senate and House of Representatives have been notified pursuant to this section prior to that date</proviso>.</content> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Public Law 93–166, is amended under the heading “<inline class="smallCaps">Outside the United States—United states army, europe</inline>”, in section 101 as follows: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/87/661">87 Stat. 661</ref>.</p></sidenote> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">With respect to “Germany, Various Locations” strike out “$12,517,000” and insert in place thereof “<quotedText>$16,360,000</quotedText>”.</listContent></listItem> </list> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Public Law 93–166 is amended by striking out in clause (1) of section 602 “<quotedText>$107,257,000</quotedText>” and “$596,084,000” and inserting in place thereof “<quotedText>$111,100,000</quotedText>” and “$599,927,000”, respectively.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Public Law 92–545, as amended, is amended under the heading “<inline class="smallCaps">Inside the United States</inline>”, in section 101 as follows: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/86/1135">86 Stat. 1135</ref>.</p></sidenote> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">With respect to “Fort Myer, Virginia,” strike out “<quotedText>$1,815,000</quotedText>” and insert in place thereof “<quotedText>$3,615,000.</quotedText>”</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">With respect to “Fort Sill, Oklahoma,” strike out “<quotedText>$14,958,000</quotedText>” and insert in place thereof “<quotedText>$16,159,000</quotedText>”.</listContent></listItem> </list> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Public Law 92–545, as amended, is amended under the heading “<inline class="smallCaps">Outside the United States—united states army forces, southern command</inline>” in section 101 as follows: <page identifier="/us/stat/88/1748">88 <inline class="smallCaps">Stat</inline>. 1748</page> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">With respect to “Canal Zone, Various Locations” strike out “<quotedText>$8,129,000</quotedText>” and insert in place thereof “<quotedText>$9,238,000</quotedText>”.</listContent></listItem> </list> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Public Law 92–545, as amended, is amended by striking out in clause (1) of section 702 “<quotedText>$444,767,000;</quotedText>” “<quotedText>$117,311,000;</quotedText>” and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/87/664">87 Stat. 664</ref>.</p></sidenote> “<quotedText>$562,078,000</quotedText>” and inserting in place thereof “<quotedText>$447,768,000;</quotedText>” “<quotedText>$118,420,000;</quotedText>” and “<quotedText>$566,188,000</quotedText>”, respectively.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Public Law 91–511, as amended, is amended under the heading “<inline class="smallCaps">Inside the United States</inline>”, in section 101 as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/84/1206">84 Stat. 1206</ref>.</p></sidenote> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">With respect to “Rock Island Arsenal, Illinois,” strike out “<quotedText>$2,750,000</quotedText>”; and insert in place thereof “<quotedText>$3,650,000</quotedText>”.</listContent></listItem> </list> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Public Law 91–511, as amended, is amended by striking out in clause (1) of section 602 “<quotedText>$181,834,000</quotedText>” and “<quotedText>$267,031,000</quotedText>” and inserting <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/87/664">87 Stat. 664</ref>.</p></sidenote> in place thereof “<quotedText>$182,734,000</quotedText>” and “<quotedText>$267,931,000</quotedText>”, respectively.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <content>Public Law 93–166 is amended in section 105 as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/87/664">87 Stat. 664</ref>.</p></sidenote> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Clause (1) of section 702 of Public Law 92–145, as amended by section 105(b) of Public Law 93–166, is amended by striking out “<quotedText>$404,500,000</quotedText>” and “<quotedText>$405,107,000</quotedText>” and inserting in place thereof “<quotedText>$405,000,000</quotedText>” and “<quotedText>$405,607,000</quotedText>”, respectively.</listContent></listItem> </list> </content> </section> <num value="II">TITLE II</num> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <chapeau class="inline">The Secretary of the Navy may establish or develop military <sidenote><p class="firstIndent1 fontsize8">Navy.</p></sidenote> installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities and equipment for the following acquisition and construction:</chapeau> <appropriations level="intermediate"> <heading>Inside the United States</heading> <appropriations level="small"> <heading>first naval district</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Air Station, Brunswick, Maine, $261,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Portsmouth Naval Shipyard, Kittery, Maine, $7,232,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Security Group Activity, Winter Harbor, Maine, $255,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Education and Training Center, Newport, Rhode Island, $3,553,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Underwater Systems Center, Newport, Rhode Island, $9,249,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>third naval district</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Submarine Base, New London, Connecticut, $971,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>fourth naval district</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Air Test Facility, Lakehurst, New Jersey, $7,350,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Navy Ships Parts Control Center, Mechanicsburg, Pennsylvania, $2,336,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Hospital, Philadelphia, Pennsylvania, $296,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>naval district, washington</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval District Commandant, Washington, District of Columbia, $2,883,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Research Laboratory, Washington, District of Columbia, $205,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Academy, Annapolis, Maryland, $7,706,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">National Naval Medical Center, Bethesda, Maryland, $14,943,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Uniformed Services University of the Health Sciences, Bethesda, Maryland, $15,000,000.</listContent></listItem> </list> </content> </appropriations> <page identifier="/us/stat/88/1749">88 <inline class="smallCaps">Stat</inline>. 1749</page> <appropriations level="small"> <heading>fifth naval district</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Regional Medical Center, Camp Lejeune, North Carolina, $290,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Air Rework Facility, Cherry Point, North Carolina, $252,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fleet Combat Direction Systems Training Center, Atlantic, Dam Neck, Virginia, $2,034,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Amphibious Base, Little Creek, Virginia, $896,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Atlantic Command Operations Control Center, Norfolk, Virginia, $633,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Air Station, Norfolk, Virginia, $3,471,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Station, Norfolk, Virginia, $8,364,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Supply Center, Norfolk, Virginia, $4,990,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Air Station, Oceana, Virginia, $1,047,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Norfolk Naval Regional Medical Center, Portsmouth, Virginia, $15,801,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Norfolk Naval Shipyard, Portsmouth, Virginia, $5,602,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Weapons Station, Yorktown, Virginia, $1,595,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>sixth naval district</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Air Station, Cecil Field, Florida, $6,893,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Air Station, Jacksonville, Florida, $446,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Regional Medical Center, Jacksonville, Florida, $12,413,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Station, Mayport, Florida, $3,239,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Training Center, Orlando, Florida, $8,709,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Coastal Systems Laboratory, Panama City, Florida, $795,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Air Station, Pensacola, Florida, $20,948,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Technical Training Center, Pensacola, Florida, $4,478,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Air Station, Whiting Field, Florida, $1,561,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Air Station, Meridian, Mississippi, $1,485,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Hospital, Beaufort, South Carolina, $7,112,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Charleston Naval Shipyard, Charleston, South Carolina, $200,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Station, Charleston, South Carolina, $15,352,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Supply Center, Charleston, South Carolina, $3,750,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Weapons Station, Charleston, South Carolina, $2,564,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Air Station, Memphis, Tennessee, $4,284,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>eighth naval district</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Support Activity, New Orleans, Louisiana, $3,080,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Air Station, Corpus Christi, Texas, $1,830,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Air Station, Kingsville, Texas, $1,428,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>ninth naval district</heading> <content>Naval Training Center, Great Lakes, Illinois, $1,953,000.</content> </appropriations> <appropriations level="small"> <heading>eleventh naval district</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Regional Medical Center, Camp Pendleton, California, $7,619,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Weapons Center, China Lake, California, $8,371,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Long Beach Naval Shipyard, Long Beach, California, $6,011,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Air Station, Miramar, California, $11,772,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Air Station, North Island, Calif ornia, $12,943,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Construction Battalion Center, Port Hueneme, California, $1,048,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Electronics Laboratory Center, San Diego, California, $3,238,000.<page identifier="/us/stat/88/1750">88 <inline class="smallCaps">Stat</inline>. 1750</page></listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Regional Medical Center, San Diego, California, $13,493,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Training Center, San Diego, California, $8,657,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Navy Submarine Support Facility, San Diego, California, $4,234,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Weapons Station, Seal Beach, California, $2,147,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>twelfth naval district</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Air Rework Facility, Alameda, California, $1,638,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Hospital, Lemoore, California, $333,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Air Station, Moffett Field, California, $77,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Communications Station, Stockton, California, $1,102,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>thirteenth naval district</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Station, Adak, Alaska, $7,697,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Trident Support Site, Bangor, Washington, $100,000,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Puget Sound Naval Shipyard, Bremerton, Washington, $393,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Air Station, Whidbey Island, Washington, $2,603,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>fourteenth naval district</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Ammunition Depot, Oahu, Hawaii, $795,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Station, Pearl Harbor, Hawaii, $1,505,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Pearl Harbor Naval Shipyard, Pearl Harbor, Hawaii, $3,356,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>marine corps</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Marine Barracks, Washington, District of Columbia, $1,874,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Marine Corps Development and Education Command, Quantico, Virginia, $2,803,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Marine Corps Base, Camp Lejeune, North Carolina, $13,864,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Marine Corps Air Station, Cherry Point, North Carolina, $1,260,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Marine Corps Air Station, New River, North Carolina, $499,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Marine Corps Air Station, Yuma, Arizona, $3,203,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Marine Corps Supply Center, Barstow, California, $1,463,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Marine Corps Base, Camp Pendleton, California, $7,271,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Marine Corps Base, Twentynine Palms, California, $397,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Marine Corps Air Station, Kaneohe Bay, Hawaii, $5,497,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>pollution abatement</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Various Locations, Air Pollution Abatement, $9,849,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Various Locations, Water Pollution Abatement, $44,251,000.</listContent></listItem> </list> </content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Outside the United States</heading> <appropriations level="small"> <heading>tenth naval district</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Telecommunications Center, Roosevelt Roads, Puerto Rico, $3,186,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Station, Roosevelt Roads, Puerto Rico, $947,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Security Group Activity, Sabana Seca, Puerto Rico, $1,026,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>fifteenth naval district</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Support Activity, Canal Zone, $800,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>atlantic ocean area</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Air Station, Bermuda, $1,866,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Station, Keflavik, Iceland, $2,317,000.</listContent></listItem> </list> </content> </appropriations> <page identifier="/us/stat/88/1751">88 <inline class="smallCaps">Stat</inline>. 1751</page> <appropriations level="small"> <heading>european area</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Security Group Activity, Edzell, Scotland, $571,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Activities Detachment, Holy Loch, Scotland, $1,188,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>indian ocean area</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Communications Facility, Diego Garcia, Chagos Archipelago, $14,802,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>pacific ocean area</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Communication Station, Finegayan, Guam, Mariana Islands, $355,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Ship Repair Facility, Guam, Mariana Islands, $1,782,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Navy Public Works Center, Guam, Mariana Islands, $907,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Air Station, Cubi Point, Republic of the Philippines, $2,873,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Naval Station, Subic Bay, Republic of the Philippines, $3,741,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>pollution abatement</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Various Locations, Air Pollution Abatement, $1,059,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Various Locations, Water Pollution Abatement, $4,038,000.</listContent></listItem> </list> </content> </appropriations> </appropriations> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content>The Secretary of the Navy may establish or develop Navy<sidenote><p class="firstIndent1 fontsize8">Emergency construction.</p></sidenote> installations and facilities by proceeding with construction made necessary by changes in Navy missions and responsibilities which have been occasioned by (1) unforseen security considerations, (2) new weapons developments, (3) new and unforeseen research and development requirements, or (4) improved production schedules, if the Secretary of Defense determines that deferral of such construction for inclusion in the next Military Construction Authorization Act would be inconsistent with interests of national security, and in connection therewith to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment, in the total amount of $10,000,000: <proviso><i>Provided</i>, That the Secretary of the Navy, or <sidenote><p class="firstIndent1 fontsize8">Congressional committees, notification.</p></sidenote> his designee, shall notify the Committees on Armed Services of the Senate and House of Representatives, immediately upon reaching a decision to implement, of the cost of construction of any public work undertaken under this section, including those real estate actions pertaining thereto</proviso>. This authorization will expire upon enactment of <sidenote><p class="firstIndent1 fontsize8">Authorization expiration.</p></sidenote> the fiscal year 1976 Military Construction Authorization Act, except for those public works projects concerning which the Committees on Armed Services of the Senate and House of Representatives have been notified pursuant to this section prior to that date.</content> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Public Law 90–408, as amended, is amended under the heading “<quotedText><inline class="smallCaps">Inside the United States</inline></quotedText>”, in section 201 as follows: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/82/373">82 Stat. 373</ref>.</p></sidenote> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">With respect to “Naval Academy, Annapolis, Maryland,” strike out “<quotedText>$2,000,000</quotedText>” and insert in place thereof “<quotedText>$4,391,000</quotedText>”.</listContent></listItem> </list> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Public Law 90–408, as amended, is amended by striking out in clause (2) of section 802 “<quotedText>$241,668,000</quotedText>” and “<quotedText>$248,533,000</quotedText>” and inserting <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/87/669">87 Stat. 669</ref>.</p></sidenote> in place thereof “<quotedText>$244,059,000</quotedText>” and “<quotedText>$250,924,000</quotedText>”, respectively.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Public Law 91–511, as amended, is amended under the heading “<quotedText><inline class="smallCaps">Inside the United States</inline></quotedText>”, in section 201 as follows: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/84/1210">84 Stat. 1210</ref>.</p></sidenote> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">With respect to “Naval Air Rework Facility, Jacksonville, Florida,” strike put “<quotedText>$3,869,000</quotedText>” and insert in place thereof “<quotedText>$4,534,000</quotedText>”.</listContent></listItem> </list> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Public Law 91–511, as amended, is amended by striking out in clause (2) of section 602 “<quotedText>$247,204,000</quotedText>” and “<quotedText>$274,342,000</quotedText>” and inserting <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/87/669">87 stat. 669</ref>.</p></sidenote> in place thereof “$247,869,000” and “$275,007,000”, respectively.</content> </subsection> </section> <page identifier="/us/stat/88/1752">88 <inline class="smallCaps">Stat</inline>. 1752</page> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Public Law 92–545, as amended, is amended under the heading “<quotedText><inline class="smallCaps">Inside the United States</inline></quotedText>”, in section 201 as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/86/1139">86 Stat. 1139</ref>.</p></sidenote> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">With respect to “Navy Public Works Center, Norfolk, Virginia,” strike out “<quotedText>$3,319,000</quotedText>” and insert in place thereof “<quotedText>$7,019,000</quotedText>”.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">With respect to “Naval Hospital, New Orleans, Louisiana,” strike out “<quotedText>$11,680,000</quotedText>” and insert in place thereof “<quotedText>$14,609,000</quotedText>”.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">With respect to “Naval Ammunition Depot, Hawthorne, Nevada,” strike out “<quotedText>$6,003,000</quotedText>” and insert in place thereof “<quotedText>$10,203,000</quotedText>”.</listContent></listItem> </list> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Public Law 92–545 is amended under the heading “<quotedText><inline class="smallCaps">Outside the United States</inline></quotedText>” in section 201 as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/86/1141">86 Stat. 1141</ref>.</p></sidenote> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">With respect to “Naval Air Facility, Sigonella, Sicily, Italy”, strike out “<quotedText>$8,932,000</quotedText>” and insert in place thereof “$12,632,000”.</listContent></listItem> </list> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Public Law 92–545, as amended, is amended by striking out in clause (2) of section 702 “<quotedText>$477,664,000</quotedText>”, “<quotedText>$41,217,000</quotedText>”, and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/87/669">87 Stat. 669</ref>.</p></sidenote> “<quotedText>$518,881,000</quotedText>” and inserting in place thereof “<quotedText>$488,493,000</quotedText>”. “<quotedText>$44,917,000</quotedText>”, and “<quotedText>$533,410,000</quotedText>”, respectively.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Public Law 93–166 is amended under the heading “<quotedText><inline class="smallCaps">Inside the United States</inline></quotedText>”, in section 201 as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/87/665">87 Stat. 665</ref>.</p></sidenote> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">With respect to “Naval Home, Gulfport, Mississippi,” strike out “<quotedText>$9,444,000</quotedText>” and insert in place thereof “<quotedText>$11,802,000</quotedText>”.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">With respect to “Naval Air Station, Meridian, Mississippi,” strike out “<quotedText>$4,532,000</quotedText>” and insert in place thereof “<quotedText>$5,466,000</quotedText>”.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">With respect to “Naval Hospital, New Orleans. Louisiana,” strike out “<quotedText>$3,386,000</quotedText>” and insert in place thereof “<quotedText>$4,157,000</quotedText>”.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">With respect to “Naval Air Station, Alameda, California,” strike out “<quotedText>$3,827,000</quotedText>” and insert in place thereof “<quotedText>$7,756,000</quotedText>”.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">With respect to “Marine Corps Supply Center, Barstow, California,” strike out “<quotedText>$3,802,000</quotedText>” and insert in place thereof “<quotedText>$6,210,000</quotedText>”.</listContent></listItem> </list> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Public Law 93–166 is amended by striking out in clause (2) of section 602 “<quotedText>$511,606,000</quotedText>” and “<quotedText>$570,439,000</quotedText>” and inserting in place thereof “<quotedText>$522,006,000</quotedText>” and “<quotedText>$580,839,000</quotedText>”, respectively.</content> </subsection> </section> <num value="III">TITLE III</num> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <chapeau class="inline">The Secretary of the Air Force may establish or develop military installations and facilities by acquiring, constructing, converting, rehabilitating or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment, for the following acquisition and construction:</chapeau> <appropriations level="intermediate"> <heading>Inside the United States</heading> <appropriations level="small"> <heading>aerospace defense command</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Peterson Field, Colorado Springs, Colorado, $6,885,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Tyndall Air Force Base, Panama City, Florida, $2,775,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>air force communications service</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Richards-Gebaur Air Force Base, Grandview, Missouri, $805,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>air force logistics command</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Hill Air Force Base, Ogden, Utah, $11,894,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Kelly Air Force Base, San Antonio, Texas, $11,150,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">McClellan Air Force Base, Sacramento, California, $15,873,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Newark Air Force Station, Newark, Ohio, $1,977,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Robins Air Force Base, Warner Robins, Georgia, $792,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Tinker Air Force Base, Oklahoma City, Oklahoma, $9,839,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Wright-Patterson Air Force Base, Dayton, Ohio, $13,871,000.</listContent></listItem> </list> </content> </appropriations> <page identifier="/us/stat/88/1753">88 <inline class="smallCaps">Stat</inline>. 1753</page> <appropriations level="small"> <heading>air force systems command</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Arnold Engineering Development Center, Tullahoma, Tennessee, $4,240,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Brooks Air Force Base, San Antonio, Texas $3,100,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Edwards Air Force Base, Muroc, California, $1,198,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Eglin Air Force Base, Valparaiso, Florida, $13,512,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Kirtland Air Force Base, Albuquerque, New Mexico, $232,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Patrick Air Force Base, Cocoa, Florida, $642,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Satellite Tracking Facilities, $832,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>air training command</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Chanute Air Force Base, Rantoul, Illinois, $6,267,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Columbus Air Force Base, Columbus, Mississippi, $169,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Keesler Air Force Base, Biloxi, Mississippi, $7,297,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Laughlin Air Force Base, Del Rio, Texas, $298,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Lowry Air Force Base, Denver, Colorado, $7,885,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Mather Air Force Base, Sacramento, California, $2,143,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Randolph Air Force Base, San Antonio, Texas, $790,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Reese Air Force Base, Lubbock, Texas, $836,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Sheppard Air Force Base, Wichita Falls, Texas, $8,631,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Vance Air Force Base, Enid, Oklahoma, $6,798,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Webb Air Force Base, Big Spring, Texas, $776,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Williams Air Force Base, Chandler, Arizona, $5,849,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>air university</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Maxwell Air Force Base, Montgomery, Alabama, $2,500,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>alaskan air command</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Eielson Air Force Base, Fairbanks, Alaska, $310,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Various Locations, $15,242,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>headquarters command</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Andrews Air Force Base, Camp Springs, Maryland, $14,699,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Boiling Air Force Base, Washington, District of Columbia, $3,155,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>military airlift command</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Dover Air Force Base, Dover, Delaware, $1,373,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">McGuire Air Force Base. Wrightstown, New Jersey, $408,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Scott Air Force Base, Belleville, Illinois, $5,451,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Travis Air Force Base, Fairchild, California, $8,800,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>pacific air forces</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Hickam Air Force Base, Honolulu, Hawaii, $11,878,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>strategic air command</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Barksdale Air Force Base, Shreveport, Louisiana, $641,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Blytheville Air Force Base, Blytheville, Arkansas, $675,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Davis-Monthan Air Force Base, Tucson, Arizona, $3,009,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Ellsworth Air Force Base, Rapid City, South Dakota, $2,109,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Griffiss Air Force Base, Rome, New York, $1,774,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Grissom Air Force Base, Peru, Indiana, $323,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">K. I. Sawyer Air Force Base, Marquette, Michigan, $7,050,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Kincheloe Air Force Base, Kinross, Michigan, $835,000.<page identifier="/us/stat/88/1754">88 <inline class="smallCaps">Stat</inline>. 1754</page></listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Malmstrom Air Force Base, Great Falls, Montana, $3,740,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">McConnell Air Force Base, Wichita, Kansas, $3,038,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Minot Air Force Base, Minot, North Dakota, $238,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Offutt Air Force Base, Omaha, Nebraska, $5,595,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Pease Air Force Base, Portsmouth, New Hampshire, $115,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Plattsburgh Air Force Base, Plattsburgh, New York, $882,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Whiteman Air Force Base, Knob Noster, Missouri, $6,692,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>tactical air command</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Cannon Air Force Base, Clovis, New Mexico, $1,715,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">George Air Force Base, Victorville, California, $3,846,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Holloman Air Force Base, Alamogordo, New Mexico, $1,565,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Langley Air Force Base, Hampton, Virginia, $3,056,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Little Rock Air Force Base, Little Rock, Arkansas, $5,141,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Myrtle Beach Air Force Base, Myrtle Beach, South Carolina, $300,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Nellis Air Force Base, Las Vegas, Nevada, $6,495,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Pope Air Force Base, Fayetteville, North Carolina, $730,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Seymour Johnson Air Force Base, Goldsboro, North Carolina, $3,948,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Various Locations, $5,194,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>pollution abatement</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Various Locations, Air Pollution Abatement, $2,056,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Various Locations, Water Pollution Abatement, $13,700,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>special facilities</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Various Locations, $12,152,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>aerospace corporation</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Los Angeles, California, $9,000,000.</listContent></listItem> </list> </content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Outside the United States</heading> <appropriations level="small"> <heading>aerospace defense command</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Various Locations, $138,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>pacific air forces</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Various Locations, $3,775,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>united states air forces in europe</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Germany, $280,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">United Kingdom, $884,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Various Locations, $63,081,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>united states air force security service</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Various Locations, $4,135,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>pollution abatement</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Various Locations, Water Pollution Abatement, $595,000.</listContent></listItem> </list> </content> </appropriations> <page identifier="/us/stat/88/1755">88 <inline class="smallCaps">Stat</inline>. 1755</page> <appropriations level="small"> <heading>special facilities</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Various Locations, $1,999,000.</listContent></listItem> </list> </content> </appropriations> </appropriations> </section> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <content>The Secretary of the Air Force may establish or develop <sidenote><p class="firstIndent1 fontsize8">Classified installations, establishment.</p></sidenote> classified military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities and equipment, in the total amount of $8,100,000.</content> </section> <section class="firstIndent1 fontsize10"> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <content>The Secretary of the Air Force may establish or develop <sidenote><p class="firstIndent1 fontsize8">Emergency construction.</p></sidenote> Air Force installations and facilities by proceeding with construction made necessary by changes in Air Force missions and responsibilities which have been occasioned by (1) unforeseen security considerations, (2) new weapons developments, (3) new and unforeseen research and development requirements, or (4) improved production schedules, if the Secretary of Defense determines that deferral of such construction for inclusion in the next Military Construction Authorization Act would be inconsistent with interests of national security and in connection therewith to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment in the total amount of $10,000,000: <proviso><i>Provided</i>, That the Secretary of the Air Force, <sidenote><p class="firstIndent1 fontsize8">Congressional committees, notification.</p></sidenote> or his designee, shall notify the Committees on Armed Services of the Senate and House of Representatives, immediately upon reaching a final decision to implement, of the cost of construction of any public work undertaken under this section, including those real estate actions pertaining thereto. This authorization will expire upon enactment <sidenote><p class="firstIndent1 fontsize8">Authorization expiration.</p></sidenote> of the fiscal year 1976 Military Construction Authorization Act, except for those public works projects concerning which the Committees on Armed Services of the Senate and House of Representatives have been notified pursuant to this section prior to that date</proviso>.</content> </section> <section class="firstIndent1 fontsize10"> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 301 of Public Law 93–166 is amended under the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/87/669">87 Stat. 669</ref>.</p></sidenote> heading “<quotedText><inline class="smallCaps">Inside the United States</inline></quotedText>” as follows: <list> <listItem><num value="1">(1) </num> <listContent class="indent0 firstIndent1 fontsize10 depth0">Under the subheading “<inline class="smallCaps">aerospace defense command</inline>” with respect to “Peterson Field, Colorado Springs, Colorado”, strike out “<quotedText>$7,843,000</quotedText>” and insert in place thereof “<quotedText>$9,733,000</quotedText>”.</listContent></listItem> <listItem><num value="2">(2) </num> <listContent class="indent0 firstIndent1 fontsize10 depth0">Under the subheading “<inline class="smallCaps">aerospace defense command</inline>” with respect to “Tyndall Air Force Base, Panama City, Florida”, strike out “<quotedText>$1,020,000</quotedText>” and insert in place thereof “<quotedText>$1,284,000</quotedText>”.</listContent></listItem> <listItem><num value="3">(3) </num> <listContent class="indent0 firstIndent1 fontsize10 depth0">Under the subheading “<inline class="smallCaps">air force communications service</inline>” with respect to “Richards-Gebaur Air Force Base, Grandview, Missouri”, strike out “<quotedText>$3,963,000</quotedText>” and insert in place thereof “<quotedText>$6,130,000</quotedText>”.</listContent></listItem> <listItem><num value="4">(4) </num> <listContent class="indent0 firstIndent1 fontsize10 depth0">Under the subheading “<quotedText>air force logistics command</quotedText>” with respect to “Robins Air Force Base, Warner Robins, Georgia”, strike out “<quotedText>$4,628,000</quotedText>” and insert in place thereof “<quotedText>$7,324,000</quotedText>”.</listContent></listItem> <listItem><num value="5">(5) </num> <listContent class="indent0 firstIndent1 fontsize10 depth0">Under the subheading “<inline class="smallCaps">air force systems command</inline>” with respect to “Eglin Air Force Base, Valparaiso, Florida”, strike out “<quotedText>$7,039,000</quotedText>” and insert in place thereof “<quotedText>$8,882,000</quotedText>”.</listContent></listItem> <listItem><num value="6">(6) </num> <listContent class="indent0 firstIndent1 fontsize10 depth0">Under the subheading “<inline class="smallCaps">air training command</inline>” with respect to “Keesler Air Force Base, Biloxi, Mississippi”, strike out “<quotedText>$8,786,000</quotedText>” and insert in place thereof “<quotedText>$10,733,000</quotedText>”.</listContent></listItem> <listItem><num value="7">(7) </num> <listContent class="indent0 firstIndent1 fontsize10 depth0">Under the subheading “<inline class="smallCaps">air training command</inline>” with respect to “Lackland Air Force Base, San Antonio, Texas”, strike out “<quotedText>$6,509,000</quotedText>” and insert in place thereof “<quotedText>$9,186,000</quotedText>”.</listContent></listItem> <listItem><num value="8">(8) </num> <listContent class="indent0 firstIndent1 fontsize10 depth0">Under the subheading “<inline class="smallCaps">air training command</inline>” with respect to “Reese Air Force Base, Lubbock, Texas”, strike out “<quotedText>$4,211,000</quotedText>” and insert in place thereof “<quotedText>$6,461,000</quotedText>”.</listContent></listItem> <listItem><num value="9">(9) </num> <listContent class="indent0 firstIndent1 fontsize10 depth0">Under the subheading “<inline class="smallCaps">air training command</inline>” with respect to “Vance Air Force Base, Enid, Oklahoma”, strike out “<quotedText>$371,000</quotedText>” and insert in place thereof “<quotedText>$895,000</quotedText>”.<page identifier="/us/stat/88/1756">88 <inline class="smallCaps">Stat</inline>. 1756</page></listContent></listItem> <listItem><num value="10">(10) </num> <listContent class="indent0 firstIndent1 fontsize10 depth0">Under the subheading “<inline class="smallCaps">air training command</inline>” with respect to “Webb Air Force Base, Big Spring, Texas”, strike out “<quotedText>$3,154,000</quotedText>” and insert in place thereof “<quotedText>$4,307,000</quotedText>”.</listContent></listItem> <listItem><num value="11">(11) </num> <listContent class="indent0 firstIndent1 fontsize10 depth0">Under the subheading “<inline class="smallCaps">military airlift command</inline>” with respect to “Altus Air Force Base, Altus, Oklahoma”, strike out “<quotedText>$1,078,000</quotedText>” and insert in place thereof “<quotedText>$1,440,000</quotedText>”.</listContent></listItem> <listItem><num value="12">(12) </num> <listContent class="indent0 firstIndent1 fontsize10 depth0">Under the subheading “<inline class="smallCaps">strategic air command</inline>” with respect to “Francis E. Warren Air Force Base, Cheyenne, Wyoming”, strike out “<quotedText>$5,834,000</quotedText>” and insert in place thereof “<quotedText>$8,265,000</quotedText>”.</listContent></listItem> <listItem><num value="13">(13) </num> <listContent class="indent0 firstIndent1 fontsize10 depth0">Under the subheading “<inline class="smallCaps">tactical air command</inline>” with respect to to “Little Rock Air Force Base, Little Rock, Arkansas”, strike out “<quotedText>$1,165,000</quotedText>” and insert in place thereof “<quotedText>$2,200,000</quotedText>”.</listContent></listItem> <listItem><num value="14">(14) </num> <listContent class="indent0 firstIndent1 fontsize10 depth0">Under the subheading “<inline class="smallCaps">tactical air command</inline>” with respect to “Nellis Air Force Base, Las Vegas, Nevada”, strike out “<quotedText>$2,588,000</quotedText>” and insert in place thereof “<quotedText>$3,637,000</quotedText>”.</listContent></listItem> </list> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Public Law 93–166 is further amended by striking out in clause<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/87/679">87 Stat. 679</ref>.</p></sidenote> (3) of section 602 “<quotedText>$238,439,000</quotedText>” and “<quotedText>$260,741,000</quotedText>” and inserting in place thereof “<quotedText>$260,727,000</quotedText>” and “<quotedText>$283,029,000</quotedText>”, respectively.</content> </subsection> </section> <num value="IV">TITLE IV</num> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <chapeau class="inline">The Secretary of Defense may establish or develop military<sidenote><p class="firstIndent1 fontsize8">Defense agencies.</p></sidenote> installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities and equipment, for defense agencies for the following acquisition and construction:</chapeau> <appropriations level="intermediate"> <heading>Inside the United States</heading> <appropriations level="small"> <heading>defense mapping agency</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Defense Mapping Agency Aerospace Center (St. Louis AFS), St. Louis, Missouri, $2,573,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Belvoir, Virginia, $670,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>defense supply agency</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Defense Construction Supply Center, Columbus, Ohio, $1,862,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Defense Depot, Mechanicsburg, Pennsylvania, $394,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Defense Depot, Memphis, Tennessee, $1,399,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Defense Depot, Ogden, Utah, $527,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Defense Electronics Supply Center, Dayton, Ohio, $572,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Defense Industrial Plant Equipment Facility, Atchison, Kansas, $646,000.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Defense Personnel Support Center, Philadelphia, Pennsylvania, $936,000.</listContent></listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>national security agency</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort George G. Meade, Maryland, $2,363,000.</listContent></listItem> </list> </content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Outside the United States</heading> <appropriations level="small"> <heading>defense nuclear agency</heading> <content> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Johnston Atoll, $1,458,000.</listContent></listItem> </list> </content> </appropriations> </appropriations> </section> <section class="firstIndent1 fontsize10"> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <content>The Secretary of Defense may establish or develop installations and facilities which he determines to be vital to the security of the United States, and in connection therewith to acquire, contruct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, <page identifier="/us/stat/88/1757">88 <inline class="smallCaps">Stat</inline>. 1757</page> and equipment in the total amount of $15,000,000: <proviso><i>Provided</i>, That the <sidenote><p class="firstIndent1 fontsize8">Congressional committees, notifications.</p></sidenote> Secretary of Defense or his designee shall notify the Committees on Armed Services of the Senate and House of Representatives immediately upon reaching a final decision to implement, of the cost of construction of any public work undertaken under this section, including real estate actions pertaining thereto</proviso>.</content> </section> <num value="V">TITLE V—</num> <heading class="inline">MILITARY FAMILY HOUSING AND HOMEOWNERS ASSISTANCE PROGRAM</heading> <section class="firstIndent1 fontsize10"> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num> <chapeau class="inline">The Secretary of Defense, or his designee, is authorized <sidenote><p class="firstIndent1 fontsize8">Construction authorization.</p></sidenote> to construct, at the locations hereinafter named, family housing units and mobile home facilities in the numbers hereinafter listed, but no <sidenote><p class="firstIndent1 fontsize8">Secretary of HUD, consultation.</p></sidenote> family housing construction shall be commenced at any such locations in the United States, until the Secretary shall have consulted with the Secretary of the Department of Housing and Urban Development, as to the availability of adequate private housing at such locations. If agreement cannot be reached with respect to the availability of adequate <sidenote><p class="firstIndent1 fontsize8">Congressional committees, notification.</p></sidenote> private housing at any location, the Secretary of Defense shall immediately notify the Committees on Armed Services of the House of Representatives and the Senate, in writing, of such difference of opinion, and no contract for construction at such location shall be entered into for a period of thirty days after such notification has been given. This authority shall include the authority to acquire land, and interests in land, by gift, purchase, exchange of Government-owned land, or otherwise.</chapeau> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau class="inline">Family Housing units—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The Department of the Army, two thousand nine hundred <sidenote><p class="firstIndent1 fontsize8">Army.</p></sidenote> units, $98,477,900. <list> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">Fort Stewart/Hunter Army Airfield, Georgia, four hundred units.</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">United States Army Installations, Oahu, Hawaii, one thousand units.</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">Fort Riley, Kansas, one hundred units.</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">Fort Campbell, Kentucky, one thousand units.</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">Fort Eustis, Virginia, one hundred units.</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">United States Army Installations, Atlantic Side, Canal Zone, one hundred units.</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">United States Army Installations, Pacific Side, Canal Zone, two hundred units.</listContent></listItem> </list> </content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The Department of the Navy, two thousand six hundred <sidenote><p class="firstIndent1 fontsize8">Navy.</p></sidenote> and fifty units, $93,785,980. <list> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">Naval Complex, San Diego, California, five hundred units.</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">Naval Complex, Jacksonville, Florida, two hundred units.</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">Naval Complex, Oahu, Hawaii, six hundred units.</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">Naval Complex, New Orleans, Louisiana, two hundred units.</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">Marine Corps Air Station, Cherry Point, North Carolina, three hundred units.</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">Naval Complex, Charleston, South Carolina, three hundred and fifty units.</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">Naval Complex, Bremerton, Washington, three hundred units.</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">Naval Complex, Guantanamo Bay, Cuba, two hundred units.</listContent></listItem> </list> </content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The Department of the Air Force, one thousand and fifty <sidenote><p class="firstIndent1 fontsize8">Air Force.</p></sidenote> units, $35,236,120. <list> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">United States Air Force Installations, Oahu, Hawaii, two hundred units.<page identifier="/us/stat/88/1758">88 <inline class="smallCaps">Stat</inline>. 1758</page></listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">Pease Air Force Base, New Hampshire, one hundred units.</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">Alius Air Force Base, Oklahoma, one hundreds units.</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">Misawa Air Base, Japan, two hundred units.</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">Kadena Air Base, Okinawa, two hundred units.</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">Clark Air Base, Philippines, two hundred and fifty units.</listContent></listItem> </list> </content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">Mobile Home Facilities—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The Department of the Army, two hundred and forty spaces, $960,000.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>The Department of the Air Force, two hundred spaces, $888,000.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <chapeau class="inline">Demolition of existing structures on proposed sites for family housing:</chapeau> <level> <chapeau class="inline">Naval Complex, Bremerton, Washington, $540,000.</chapeau> </level> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Authorization for the construction of family housing <sidenote><p class="firstIndent1 fontsize8">Cost limitation.</p></sidenote> provided in section 501 of this Act shall be subject, under such regulations as the Secretary of Defense may prescribe, to the following limitations on cost, which shall include shades, screens, ranges, refrigerators, and all other installed equipment and fixtures, the cost of the family unit, and the proportionate costs of land acquisition, site preparation (excluding demolition authorized in section 501(c)), and installation of utilities.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The average unit cost for all units of family housing constructed in the United States (other than Alaska and Hawaii) shall not exceed $30,000 and in no event shall the cost of any unit exceed $46,000.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>When family housing units are constructed in areas other than that specified in subsection (b) the average cost of all such units shall not exceed $40,000, and in no event shall the cost of any unit exceed $46,000.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="503"><inline class="smallCaps">Sec</inline>. 503. </num> <chapeau class="inline">Secretary of Defense, or his designee, is authorized to<sidenote><p class="firstIndent1 fontsize8">Alterations to existing housing.</p></sidenote> accomplish alterations, additions, expansions, or extensions not otherwise authorized by law, to existing public quarters at a cost not to exceed—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>for the Department of the Army, $20,000,000.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>for the Department of the Navy, $20,000,000.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>for the Department of the Air Force, $20,000,000.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="504"><inline class="smallCaps">Sec</inline>. 504. </num> <content>Notwithstanding the limitations contained in prior Military Construction Authorization Acts on cost of construction of family housing, the limitations on such cost contained in section 502 of this Act shall apply to all prior authorizations for construction of family housing not heretofore repealed and for which construction contracts have not been executed prior to the date of enactment of this Act.</content> </section> <section class="firstIndent1 fontsize10"> <num value="505"><inline class="smallCaps">Sec</inline>. 505. </num> <chapeau class="inline">Secretary of Defense, or his designee, is authorized to <sidenote><p class="firstIndent1 fontsize8">Housing in foreign countries.</p></sidenote> construct or otherwise acquire at the locations hereinafter named, family housing units not subject to the limitations on such cost contained in section 502 of this Act. This authority shall include the authority to acquire land, and interests in land, by gift, purchase, exchange of Government-owned land, or otherwise. Total costs shall include shades, screens, ranges, refrigerators, and other installed equipment and fixtures, the cost of the family unit, and the costs of land acquisition, site preparation, and installation of utilities.</chapeau> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content>Naval Station, Keflavik, Iceland, two hundred units, at a total cost not to exceed $9,600,000.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Two family housing units in Warsaw, Poland, at a total cost not to exceed $120,000. This authority shall be funded by use of excess foreign currency when so provided in Department of Defense Appropriation Acts.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="506"><inline class="smallCaps">Sec</inline>. 506. </num> <content>The Secretary of Defense, or his designee, is authorized to<sidenote><p class="firstIndent1 fontsize8">Repairs and improvements.</p></sidenote> accomplish repairs and improvements to existing public quarters in <page identifier="/us/stat/88/1759">88 <inline class="smallCaps">Stat</inline>. 1759</page> amounts in excess of the $15,000 limitation prescribed in section 610(a) of Public Law 90–110, as amended (81 Stat. 279, 305), as follows: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/87/675">87 Stat . 675</ref>.</p></sidenote> <list> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort McNair, Washington, District of Columbia, five units, $175,500.</listContent></listItem> <listItem><listContent class="indent0 firstIndent1 fontsize10 depth0">Fort Sam Houston, Texas, one hundred and forty units, $2,352,800.</listContent></listItem> </list> </content> </section> <section class="firstIndent1 fontsize10"> <num value="507"><inline class="smallCaps">Sec</inline>. 507. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Section 515 of Public Law 84–161 (69 Stat. 324, 352), <sidenote><p class="firstIndent1 fontsize8">Leasing of facilities.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s2674">10 USC 2674 note</ref>.</p></sidenote> as amended, is further amended by (1) striking out “<quotedText>1974 and 1975</quotedText>” and inserting in lieu thereof “<quotedText>1975 and 1976</quotedText>”, and (2) revising the third sentence to read as follows: “Expenditures for the rental of such housing facilities, including the cost of utilities and maintenance and operation, may not exceed: For the United States (other than Alaska and Hawaii) , Puerto Rico, and Guam an average of $235 per month for each military department or the amount of $310 per month for any one unit; and for Alaska and Hawaii, an average of $295 per month for each military department, or the amount of $365 per month for any one unit.”</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Section 507(b) of Public Law 93–166 (87 Stat. 661, 676), is <sidenote><p class="firstIndent1 fontsize8">Average unit rental, limitation.</p></sidenote> amended by striking out “<quotedText>$325</quotedText>” and “seven thousand five hundred” in the first sentence, and inserting in lieu thereof “<quotedText>$355</quotedText>”, and “<quotedText>twelve thousand</quotedText>”, respectively; and in the second sentence by striking out “<quotedText>three hundred units</quotedText>”, and inserting in lieu thereof “<quotedText>one hundred fifty units</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="508"><inline class="smallCaps">Sec</inline>. 508. </num> <chapeau class="inline">There is authorized to be appropriated for use by the Secretary <sidenote><p class="firstIndent1 fontsize8">Military housing and homeowners assistance.</p></sidenote> of Defense, or his designee, for military family housing and homeowners assistance as authorized by law for the following purposes:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>for construction and acquisition of family housing, including demolition, authorized improvements to public quarters, minor construction, relocation of family housing, rental guarantee payments, construction and acquisition of mobile home facilities, and planning, an amount not to exceed $304,088,000.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>for support of military family housing, including operating expenses, leasing, maintenance of real property, payments of principal and interest on mortgage debts incurred, payment to the Commodity Credit Corporation, and mortgage insurance premiums authorized under section 222 of the National Housing Act, as amended (12 U.S.C. 1715m), an amount not to exceed $935,515,000; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>for homeowners assistance under section 1013 of Public Law 89–754 (80 Stat. 1255, 1290), including acquisition of properties, an amount not to exceed $5,000,000.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="509"><inline class="smallCaps">Sec</inline>. 509. </num> <content>None of the funds authorized to be appropriated by this or <sidenote><p class="firstIndent1 fontsize8">Air-conditioning, installation in Hawaii, prohibition.</p></sidenote> any other Act may be used for the purpose of installing air-conditioning equipment in any new or existing military family housing unit in the State of Hawaii.</content> </section> <num value="VI">TITLE VI</num> <appropriations level="small"> <heading>general provisions</heading> <section> <num value="601"><inline class="smallCaps">Sec</inline>. 601. </num> <content>The Secretary of each military department may proceed to <sidenote><p class="firstIndent1 fontsize8">Construction authority, waiver of restrictions.</p></sidenote> establish or develop installations and facilities under this Act without regard to section 3648 of the Revised Statutes, as amended (31 U.S.C. 529), and sections 4774 and 9774 of title 10, United States Code. The authority to place permanent or temporary improvements on land includes authority for surveys, administration, overhead, planning, and supervision incident to construction. That authority may be exercised before title to the land is approved under section 355 of the Revised Statutes, as amended (40 U.S.C. 255), and even though the land is held temporarily. The authority to acquire real estate or land includes authority to make surveys and to acquire land, and interests in<page identifier="/us/stat/88/1760">88 <inline class="smallCaps">Stat</inline>. 1760</page> land (including temporary use), by gift, purchase, exchange of Government-owned hind, or otherwise.</content> </section> <section> <num value="602"><inline class="smallCaps">Sec</inline>. 602. </num> <chapeau class="inline">There are authorized to be appropriated such sums as may<sidenote><p class="firstIndent1 fontsize8">Appropriation limitations.</p></sidenote> be necessary for the purposes of this Act, but appropriations for public works projects authorized by titles I, II, III, IV, and V, shall not exceed—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>for title I: Inside the United States $491,695,000; outside the United States $120,184,000; or a total of $611,879,000.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>for title II: Inside the United States, $509,498,000; outside the United States, $41,458,000; or a total of $550,956,000.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>for title III: Inside the United States, $307,786,000; outside the United States, $74,887,000; section 302, $8,100,000: or a total of $390,773,000.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>for title IV : A total of $28,400,000.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>for title V : Military family housing and homeowners assistance, $1,244,603,000.</content> </paragraph> </section> <section> <num value="603"><inline class="smallCaps">Sec</inline>. 603. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Except as provided in subsections (b) and (e), any of<sidenote><p class="firstIndent1 fontsize8">Cost variations.</p></sidenote> the amounts specified in titles I, II, III, and IV of this Act, may, in the discretion of the Secretary concerned, be increased by 5 per centum when inside the United States (other than Hawaii and Alaska), and by 10 per centum when outside the United States or in Hawaii and Alaska, if he determines that such increase (1) is required for the sole purpose of meeting unusual variations in cost, and (2) could not have been reasonably anticipated at the time such estimate was submitted to the Congress. However, the total cost of all construction and acquisition in each such title may not exceed the total amount authorized to be appropriated in that title.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>When the amount named for any construction or acquisition in title I, II, III, or IV of this Act involves only one project at any military installation and the Secretary of Defense, or his designee, determines that the amount authorized must be increased by more than the applicable percentage prescribed in subsection (a), the Secretary concerned may proceed with such construction or acquisition if the amount of the increase does not exceed by more than 25 per centum of the amount named for such project by the Congress.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <chapeau class="inline">Subject to the limitations contained in subsection (a), no individual project authorized under title I, II, III, or IV of this Act for any specifically listed military installation may be placed under contract if—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the estimated cost of such project is $250,000 or more, and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the current working estimates of the Department of Defense, based upon bids received, for the construction of such project exceeds by more than 25 per centum the amount authorized for such project by the Congress, until after the expiration of thirty days from the date on which a written report of the facts relating <sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote> to the increased cost of such project, including a statement of the reasons for such increase has been submitted to the Committees on Armed Services of the House of Representatives and the Senate.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content>The Secretary of Defense shall submit an annual report to the<sidenote><p class="firstIndent1 fontsize8">Annual report to Congress.</p></sidenote> Congress identifying each individual project which has been placed under contract in the preceding twelve-month period and with respect to which the then current working estimate of the Department of Defense based upon bids received for such project exceeded the amount authorized by the Congress for that project by more than 25 per centum. The Secretary shall also include in such report each individual project with respect to which the scope was reduced in order to permit contract award within the available authorization for such<page identifier="/us/stat/88/1761">88 <inline class="smallCaps">Stat</inline>. 1761</page> project. Such report shall include all pertinent cost information for each individual project, including the amount in dollars and percentage by which the current working estimate based on the contract price for the project exceeded the amount authorized for such project by the Congress.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content>In addition to other cost variation limitations contained in this section or in similar sections of prior year military construction authorization Acts, any of the amounts specified in titles I, II, III, and IV of this and prior military construction authorization Acts may be varied upward by an additional 10 per centum when the Secretary of the military department concerned determines that such increase is required to meet unusual variations in cost directly attributable to difficulties arising out of the current energy crisis. However, the total cost of all construction and acquisition in each such title may not exceed the total amount authorized to be appropriated in that title.</content> </subsection> </section> <section> <num value="604"><inline class="smallCaps">Sec</inline>. 604. </num> <content>Contracts for construction made by the United States for <sidenote><p class="firstIndent1 fontsize8">Contract supervision.</p></sidenote> performance within the United States and its possessions under this Act shall be executed under the jurisdiction and supervision of the Corps of Engineers, Department of the Army, or the Naval Facilities Engineering Command, Department of the Navy, or such other department or Government agency as the Secretaries of the military departments recommend and the Secretary of Defense approves to assure the most efficient, expeditious, and cost-effective accomplishment of the construction herein authorized. The Secretaries of the <sidenote><p class="firstIndent1 fontsize8">Reports to congress.</p></sidenote> military departments shall report annually to the President of the Senate and the Speaker of the House of Representatives a breakdown of the dollar value of construction contracts completed by each of the several construction agencies selected together with the design, construction supervision, and overhead fees charged by each of the several agents in the execution of the assigned construction. Further, such contracts (except architect and engineering contracts which, unless specifically authorized by the Congress shall continue to be awarded in accordance with presently established procedures, customs, and practice) shall be awarded, insofar as practicable, on a competitive basis to the lowest responsible bidder, if the national security will not be impaired and the award is consistent with chapter 137 of title 10, United States Code. The Secretaries of the military departments <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s2301">10 USC 2301</ref>.</p><p class="firstIndent1 fontsize8">Reports to Congress.</p></sidenote> shall report annually to the President of the Senate and the Speaker of the House of Representatives with respect to all contracts awarded on other than a competitive basis to the lowest responsible bidder.</content> </section> <section> <num value="605"><inline class="smallCaps">Sec</inline>. 605. </num> <chapeau class="inline">As of October 1, 1975, all authorizations for military public <sidenote><p class="firstIndent1 fontsize8">Repeals.</p></sidenote> works including family housing, to be accomplished by the Secretary of a military department in connection with the establishment or development of installations and facilities, and all authorizations for appropriations therefor, that are contained in titles I, II, III, IV, and V of the Act of November 29, 1978, Public Law 93–166 (87 Stat. 661), and all such authorizations contained in Acts approved before November 30, 1973, and not superseded or otherwise modified by a later authorization are repealed except—<sidenote><p class="firstIndent1 fontsize8">Exceptions.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>authorizations for public works and for appropriations therefor that are set forth in those Acts in the titles that contain the general provisions;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>authorizations for public works projects as to which appropriated funds have been obligated for construction contracts, land acquisition, or payments to the North Atlantic Treaty Organization, in whole or in part before October 1, 1975, and authorizations for appropriations therefor;</content> </paragraph> <page identifier="/us/stat/88/1762">88 <inline class="smallCaps">Stat</inline>. 1762</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">notwithstanding the repeal provisions of section 605 of the Act of November 29, 1973, Public Law 93–166 (87 Stat. 661, 681), authorizations for the following items which shall remain in effect until October 1, 1976:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>Sanitary sewer connection in the amount of $2,200,000 at Fort Belvoir, Virginia, that is contained in title I, section 101 of the Act of October 26, 1970 (84 Stat. 1204), as amended and extended in section 705(a) (3) (A) of the Act of October 25, 1972 (86 Stat. 1153).</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>Cold storage warehouse construction in the amount of $1,215,000 at Fort Dix, New Jersey, that is contained in title I, section 101 of the Act of October 25, 1972 (86 Stat. 1135), as amended.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content>Enlisted men’s barracks complex construction in the amount of $12,160,000 at Fort Knox, Kentucky, that is contained in title I, section 101 of the Act of October 25, 1972 (86 Stat. 1135), as amended.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">(D) </num> <content>Enlisted women’s barracks construction in the amount of $245,000 and bachelor officer’s quarters construction in the amount of $803,000 at Fort Lee, Virginia, that is contained in title I, section 101 of the Act of October 25, 1972 (86 Stat. 1135), as amended.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="E">(E) </num> <content>Chapel center construction in the amount of $1,088,000 at Fort Benjamin Harrison, Indiana, that is contained in title I, section 101, of the Act of October 25, 1972 (86 Stat. 1135), as amended.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="F">(F) </num> <content>Enlisted men’s barracks construction in the amount of $7,996,000 at Fort Ord, California, that is contained in title I, section 101 of the Act of October 25, 1972 (86 Stat. 1135), as amended.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="G">(G) </num> <content>Enlisted men’s barracks and mess construction in the amount of $699,000 at Sierra Army Depot, California, that is contained in title I, section 101 of the Act of October 25, 1972 (86 Stat. 1136), as amended.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="H">(H) </num> <content>Test facilities Solid State Radar in the amount of $7,600,000 at Kwajalein National Missile Range, Kwajalein, that is contained in title I, section 101 of the Act of October 25, 1972 (86 Stat. 1137), as amended.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="I">(I) </num> <content>Land acquisition in the amount of $10,000,000 for the Naval Ammunition Depot, Oahu, Hawaii, that is contained in title II, section 201 of the Act of October 25, 1972 (86 Stat. 1140), as amended.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="J">(J) </num> <content>Message Center Addition, Aircraft Fire and Crash Station, Aircraft Maintenance Hangar Shops, Bachelor Enlisted Quarters, Mess Hall, Bachelor Officers’ Quarters, Exchange and Recreation Building, and Utilities construction in the amount of $110,000; $199,000; $837,000; $1,745,000; $377,000; $829,000; $419,000; and $792,000, respectively, for the Naval Detachment, Souda Bay, Crete, Greece, that is contained in title II, section 201 of the Act of October 25, 1972 (86 Stat. 1141), as amended.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="K">(K) </num> <content>Authorization for exchange of lands in support of the Air Installation Compatible Use Zones at Various Locations in the amount of $12,000,000 that is contained in title III, section 301 of the Act of October 25, 1972 (86 Stat. 1145), as amended.</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>Notwithstanding the repeal provisions of section 705 (b) of the Act of October 25, 1972, Public Law 92–545 (86 Stat. 1135, 1153), as modified by section 605(3) of the Act of November 29,<page identifier="/us/stat/88/1763">88 <inline class="smallCaps">Stat</inline>. 1763</page> 1973, Public Law 93–166 (87 Stat. 661, 681), the authorization to construct six hundred family housing units at Naval Complex, Norfolk, Virginia, contained in title V, section 501(a) (2) of the Act of October 25, 1972 (86 Stat. 1148), shall remain in effect until October 1, 1975.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="606"><inline class="smallCaps">Sec</inline>. 606. </num> <chapeau class="inline">None of the authority contained in titles I, II, III, and IV <sidenote><p class="firstIndent1 fontsize8">Unit cost limitations.</p></sidenote> of this Act shall be deemed to authorize any building construction projects inside the United States in excess of a unit cost to be determined in proportion to the appropriate area construction cost index, based on the following unit cost limitations where the area construction index is 1.0:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>$31 per square foot for permanent barracks;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>$33 per square foot for bachelor officer quarters;</content> </paragraph> <continuation class="inline">unless the Secretary of Defense, or his designee, determines that because of special circumstances, application to such project of the limitations on unit costs contained in this section is impracticable: <proviso><i>Provided</i>, That, notwithstanding the limitations contained in prior <sidenote><p class="firstIndent1 fontsize8">Retroactive provision.</p></sidenote> military construction authorization Acts on unit costs, the limitations on such costs contained in this section shall apply to all prior authorizations for such construction not heretofore repealed and for which construction contracts have not been awarded by the date of enactment of this Act</proviso>.</continuation> </section> <section> <num value="607"><inline class="smallCaps">Sec</inline>. 607. </num> <content>Section 612 of Public Law 89–568 (80 Stat. 756, 757), is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s723a">31 USC 723a</ref>.</p></sidenote> amended by deleting the figure “<quotedText>$150,000</quotedText>” wherever it appears and inserting in lieu thereof “<quotedText>$225,000</quotedText>”.</content> </section> <section> <num value="608"><inline class="smallCaps">Sec</inline>. 608. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Secretary of Defense is authorized to assist communities <sidenote><p class="firstIndent1 fontsize8">TRIDENT Support Site, Bangor, Wash., community assistance.</p></sidenote> located near the TRIDENT Support Site Bangor, Washington, in meeting the costs of providing increased municipal services and facilities to the residents of such communities, if the Secretary determines that there is an immediate and substantial increase in the need for such services and facilities in such communities as a direct result of work being carried out in connection with the construction, installation, testing, and operation of the TRIDENT Weapon System and that an unfair and excessive financial burden will be incurred by such communities as a result of the increased need for such services and facilities.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The Secretary of Defense shall carry out the provisions of this section through existing Federal programs. The Secretary is authorized to supplement funds made available under such Federal programs to the extent necessary to carry out the provisions of this section, and is authorized to provide financial assistance to communities described in subsection (a) of this section to help such communities pay their share of the costs under such programs. The heads of all departments and agencies concerned shall cooperate fully with the Secretary of Defense in carrying out the provisions of this section on a priority basis.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>In determining the amount of financial assistance to be made <sidenote><p class="firstIndent1 fontsize8">Consultation with heads of Federal agencies.</p></sidenote> available under this section to any local community for any community service or facility, the Secretary of Defense shall consult with the head of the department or agency of the Federal Government concerned with the type of service or facility for which financial assistance is being made available and shall take into consideration (1) the time lag between the initial impact of increased population in any such community and any increase in the local tax base which will result from such increased population, (2) the possible temporary nature of the increased population and the long-range cost impact on the permanent residents of any such community, and (3) such other pertinent factors as the Secretary of Defense deems appropriate.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content>Any funds appropriated to the Department of Defense for the <sidenote><p class="firstIndent1 fontsize8">Funds, availability.</p></sidenote><page identifier="/us/stat/88/1764">88 <inline class="smallCaps">Stat</inline>. 1764</page> fiscal year beginning July 1, 1974, for carrying out the TRIDENT Weapon System shall be utilized by the Secretary of Defense in carrying out the provisions of this section to the extent that funds are unavailable under other Federal programs. Funds appropriated to the Department of Defense for any fiscal year beginning after June 30, 1975, for carrying out the TRIDENT Weapon System may, to the extent specifically authorized in an annual Military Construction Authorization Act, be utilized by the Secretary of Defense in carrying out the provision of this section to the extent that funds are unavailable under other Federal programs.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content>The Secretary shall transmit to the Committees on Armed <sidenote><p class="firstIndent1 fontsize8">Reports to congressional committees.</p></sidenote> Services of the Senate and the House of Representatives semiannual reports indicating the total amount expended in the case of each local community which was provided assistance under the authority of this section during the preceding six-month period, the specific projects for which assistance was provided during such period, and the total amount provided for each such project during such period.</content> </subsection> </section> <section> <num value="609"><inline class="smallCaps">Sec</inline>. 609. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Public Law 93–346 (88 Stat. 340), designating the<sidenote><p class="firstIndent1 fontsize8">Vice President.</p><p class="firstIndent1 fontsize8">Temporary official residence.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t3/s111">3 USC 111 note</ref>.</p></sidenote> premises occupied by the Chief of Naval Operations as the official resident of the Vice President, is amended to read as follows: “That effective July 1, 1974, the Government-owned house together with furnishings, associated grounds (consisting of twelve acres, more or less), and related facilities which have heretofore been used as the residence of the Chief of Naval Operations, Department of the Navy, shall, on and after such date be available for, and are hereby designated as, the temporary official residence of the Vice President of the United States. <quotedContent> <section> <num value="2">“<inline class="smallCaps">Sec</inline>. 2. </num> <content>The temporary official residence of the Vice President shall<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t3/s111">3 USC 111 note</ref>.</p></sidenote> be adequately staffed and provided with such appropriate equipment, furnishings, dining facilities, services, and other provisions as may be required, under the supervision and direction of the Vice President, to enable him to perform and discharge appropriately the duties, functions, and obligations associated with his high office.</content> </section> <section> <num value="3">“<inline class="smallCaps">Sec</inline>. 3. </num> <content>The Secretary of the Navy shall, subject to the supervision<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t3/s111">3 USC 111 note</ref>.</p></sidenote> and control of the Vice President, provide for the military staffing and the care and maintenance of the grounds of the temporary official residence of the Vice President and, subject to reimbursement therefor out of funds appropriated for such purposes, provide for the civilian staffing, care, maintenance, repair, improvement, alteration, and furnishing of such residence.</content> </section> <section> <num value="4">“<inline class="smallCaps">Sec</inline>. 4. </num> <content>There is hereby authorized to be appropriated such sums as<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t3/s111">3 USC 111 note</ref>.</p></sidenote> may be necessary from time to time to carry out the foregoing provisions of this joint resolution. During any interim period until and before any such funds are so appropriated, the Secretary of the Navy shall make provision for staffing and other appropriate services in connection with the temporary official residence of the Vice President from funds available to the Department of the Navy, subject to reimbursement therefor from funds subsequently appropriated to carry out the purposes of this joint resolution.</content> </section> <section> <num value="5">“<inline class="smallCaps">Sec</inline>. 5. </num> <content>After the date on which the Vice President moves into the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t3/s111">3 USC 111 note</ref>.</p></sidenote> temporary official residence provided for in this joint resolution no funds may be expended for the maintenance, care, repair, furnishing, or security of any residence for the Vice President other than the temporary official residence provided for in this joint resolution unless the expenditure of such funds is specifically authorized by law enacted after such date.</content> </section> <section> <num value="6">“<inline class="smallCaps">Sec</inline>. 6. </num> <content>The Secretary of the Navy is authorized and directed, with<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t3/s111">3 USC 111 note</ref>.</p></sidenote> the approval of the Vice President, to accept donations of money or property for the furnishing of or making improvements in or about<page identifier="/us/stat/88/1765">88 <inline class="smallCaps">Stat</inline>. 1765</page> the temporary official residence of the Vice President, all such donations to become the property of the United States and to be accounted for as such.</content> </section> <section> <num value="7">“<inline class="smallCaps">Sec</inline>. 7. </num> <num value="a">(a) </num> <content>Section 202 of title 3, United States Code, is amended by striking out ‘and (5)’ in the first sentence and inserting in lieu thereof the following: ‘(5) the temporary official residence of the Vice President and grounds in the District of Columbia; (6) the Vice President and members of his immediately family; and (7)’.</content> </section> <section> <num value="8">“<inline class="smallCaps">Sec</inline>. 8. </num> <chapeau class="inline">The first sentence of section 3056(a) of title 18, United States Code, is amended by—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>inserting ‘protect the members of the immediate family of the Vice President, unless such protection is declined;’ immediately after ‘Vice President-elect;’, and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>inserting ‘pay expenses for unforeseen emergencies of a confidential nature under the direction of the Secretary of the Treasury and accounted for solely on his certificate;’ immediately after ‘apprehension of criminals;’.</content> </paragraph> </section> <section> <num value="9">“<inline class="smallCaps">Sec</inline>. 9. </num> <content>It is the sense of Congress that living accommodations, generally <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t3/s111">3 USC 111 note</ref>.</p></sidenote> equivalent to those available to the highest ranking officer on active duty in each of the other military services, should be provided for the Chief of Naval Operations.”.</content> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Except as otherwise provided therein, the amendment made by <sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t3/s202">3 USC 202 note</ref>.</p></sidenote> subsection (a) of this section shall become effective July 12, 1974.</content> </subsection> </section> <section> <num value="610"><inline class="smallCaps">Sec</inline>. 610. </num> <content>Section 2662 of title 10, United States Code, is amended <sidenote><p class="firstIndent1 fontsize8">Real property transactions.</p></sidenote> by adding at the end of subsection (a) a new paragraph as follows: <quotedContent> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">“(6) </num> <content>Any termination or modification by either the grantor or grantee of an existing license or permit of real property owned by the United States to a military department, under which substantial investments have been or are proposed to be made in connection with the use of the property by the military department.”.</content> </paragraph> </quotedContent> </content> </section> <section> <num value="611"><inline class="smallCaps">Sec</inline>. 611. </num> <content>Chapter 159 of title 10, United States Code, is amended by adding at the end thereof the following new section and a corresponding item in the analysis: <quotedContent> <section class="firstIndent0 fontsize10"> <num value="2685">“§ 2685. </num> <heading class="inline">Adjustment of or surcharge on selling prices in commissary stores to provide funds for construction and improvement of commissary store facilities</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s2685">10 USC 2685</ref>.</p></sidenote> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <content>Notwithstanding any other provision of law, the Secretary of a military department, under regulations established by him and approved by the Secretary of Defense, may, for the purposes of this section, provide for an adjustment of, or surcharge on, sales prices of goods and services sold in commissary store facilities.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>The Secretary of a military department, under regulations established by him and approved by the Secretary of Defense, may use the proceeds from the adjustments or surcharges authorized by subsection (a) to acquire, construct, convert, expand, install, or otherwise improve commissary store facilities at defense installations within the United States and for related environmental evaluation and construction costs, including surveys, administration, overhead, planning, and design.”.</content> </subsection> </section> </quotedContent> </content> </section> <section> <num value="612"><inline class="smallCaps">Sec</inline>. 612. </num> <content>Notwithstanding any other provisions of law, proceeds <sidenote><p class="firstIndent1 fontsize8">Recycleable material, sale proceeds.</p></sidenote> from the sale of recycleable material shall be credited first, to the cost of collection, handling, and sale of the material including purchasing of equipment to be used for recycling purposes and second, to projects for environmental improvement and energy conservation at military camps, posts, and bases establishing recycling programs in accordance with regulations approved by the Secretary of Defense. The amount expended for environmental improvement and energy conservation projects shall not exceed $50,000 per installation per annum. Any bal-<page identifier="/us/stat/88/1766">88 <inline class="smallCaps">Stat</inline>. 1766</page>ance shall be returned to the Treasury as miscellaneous receipts. The Secretary of each military department shall make an annual report to<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> Congress on the operation of the program.</content> </section> <section> <num value="613"><inline class="smallCaps">Sec</inline>. 613. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">None of the funds authorized to be appropriated by<sidenote><p class="firstIndent1 fontsize8">Diego Garcia, funds, requirements.</p></sidenote> this Act with respect to any construction project at Diego Garcia may be Obligated unless—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the President has (A) advised the Congress in writing that all military and foreign policy implications regarding the need for United States facilities at Diego Garcia have been evaluated by him, and (B) certified to the Congress in writing that the construction of any such project is essential to the national interest of the United States;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>60 days of continuous session of the Congress have expired following the date on which certification with respect to such project is received by the Congress, and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>neither House of Congress has adopted, within such 60-day period, a resolution disapproving such project.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>For purposes of this section, the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of such 60-day period.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>For purposes of this section, “resolution” means a resolution<sidenote><p class="firstIndent1 fontsize8">“Resolution.”</p></sidenote> of either House of Congress, the matter after the resolving clause of which is as follows: “That the does not approve the proposed construction project on the island of Diego Garcia, the need for which was certified to by the President and the certification with respect to which was received by the on .”, the first and second blanks being filled with the name of the resolving House and the third blank being filled with the appropriate date.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <chapeau class="inline">Subsections (d) , (e), and (f) of this section are enacted by Congress—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>as an exercise of the rule-making power of the Senate and as such they are deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of resolutions described by subsection (b) (2) of this section; and they supersede other rules of the Senate only to the extent that they are inconsistent therewith; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>with full recognition of the constitutional right of the Senate to change such rules at any time, in the same manner and to the same extent as in the case of any other rule of the Senate.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content>A resolution with respect to a proposed construction project of the island of Diego Garcia shall be referred to the Committee on Armed Services of the Senate.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>If the Committee on Armed Services of the Senate to which a resolution with respect to a proposed construction project on the island of Diego Garcia has been referred has not reported such resolution at the end of 20 calendar days after its introduction, not counting any day which is excluded under subsection (b) (1) of this section, it is in order to move either to discharge the committee from further consideration of the resolution or to discharge the committee from further consideration of any other resolution introduced with respect to the same proposed construction project which has been referred to the committee, except that no motion to discharge shall be in order after the committee has reported a resolution of disapproval with respect to the same proposed construction project.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>A motion to discharge under paragraph (i) of this subsection may be made only by a Senator favoring the resolution, is privileged, and debate thereon shall be limited to not more than 1 hour, to be<page identifier="/us/stat/88/1767">88 <inline class="smallCaps">Stat</inline>. 1767</page> divided equally between those favoring and those opposing the resolution, the time to be divided in the Senate equally between, and controlled by, the majority leader and the minority leader or their designees. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>A motion in the Senate to proceed to the consideration of a resolution shall be privileged. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Debate in the Senate on a resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Debate in the Senate on any debatable motion or appeal in connection with a resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event: the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>A motion in the Senate to further limit debate on a resolution, debatable motion, or appeal is not debatable. No amendment to, or motion to recommit, a resolution is in order in the Senate.</content> </paragraph> </subsection> </section> <section> <num value="614"><inline class="smallCaps">Sec</inline>. 614. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Secretary of the Army is authorized to convey, <sidenote><p class="firstIndent1 fontsize8">Ozark Public Building Authority, Ozark, Ala., land conveyance.</p></sidenote> without monetary consideration, to the Ozark Public Building Authority, an agency of the city of Ozark, Alabama, all right, title, and interest of the United States in and to the land described in subsection (b) for use as a permanent site for the museum referred to in subsection (c), and subject to the conditions described therein.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The land authorized to be conveyed to the Ozark Public Building <sidenote><p class="firstIndent1 fontsize8">Description.</p></sidenote> Authority as provided in subsection (a) is described as follows: All that tract or parcel of land lying and being in sections 13 and 24, range 23 east, township 5 north. Saint Stephens Meridian, Dale County, Alabama, more particularly described as follows: <list> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">Beginning at a point which is 216.0 feet north 89 degrees 57 minutes west of the northeast corner of the southwest quarter of the northeast quarter of said section 24, on the western right-of-way line of Alabama State Highway Numbered 249, and on the boundary of a tract of land owned by the United States of America at Fort Rucker Military Reservation;</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">thence north 25 degrees 07 minutes east along the western right-of-way line of said highway, which is along the boundary of said United States tract, 1,395 feet;</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">thence north 64 degrees 53 minutes west 700 feet; thence south 25 degrees 07 minutes west 2,800 feet; thence south 64 degrees 53 minutes east 700 feet, more or less, to a point which is on the western right-of-way line of said highway and on the boundary of said United States tract;</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">thence north 25 degrees 07 minutes east along the western right-of-way line of said highway, which is along the boundary of said United States tract, 1,405 feet, more or less, to the point of beginning, containing 45.00 acres, more or less.</listContent></listItem> </list> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The conveyance provided for by the subsection (a) shall be subject <sidenote><p class="firstIndent1 fontsize8">Conditions.</p></sidenote> to the condition that the real property so conveyed shall be used as a permanent site for a museum to display suitable public exhibits of the United States Army aviation equipment and allied subjects and<page identifier="/us/stat/88/1768">88 <inline class="smallCaps">Stat</inline>. 1768</page> aviation-oriented exhibits of other United States Government departments, agencies, and instrumentalities, and of foreign origin, and if such property is not used for such purpose, all right, title, and interest in and to such real property shall revert to the United States, which shall have the right of immediate entry thereon, and to such other conditions as the Secretary of the Army may prescribe to protect the interest of the United States.</content> </subsection> </section> <section> <num value="615"><inline class="smallCaps">Sec</inline>. 615. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Secretary of the Navy, or his designee, is authorized <sidenote><p class="firstIndent1 fontsize8">Gulf Coast Council, Boy Scouts of America, land conveyance.</p></sidenote> to convey to the Gulf Coast Council, Boy Scouts of America, for fair market value and subject to such terms and conditions as shall be determined by the Secretary of the Navy, or his designee, to be necessary to protect the interests of the United States, all right, title, and interest of the United States of America, other than mineral rights including gas and oil which shall be reserved to the United States, in and to a certain parcel of land containing 12.46 acres, more or less, situated in Escambia County, Florida, being a part of the Naval Education and Training Program Development Center, Ellyson, Florida, more particularly described as follows:<sidenote><p class="firstIndent1 fontsize8">Description.</p></sidenote> <list> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">Commence at the southeast property corner of Naval Education and Training Program Development Center (NETPDC) , formerly Naval Air Station, Ellyson,</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">thence north 3 degrees 55 minutes west along the east boundary of NETPDC a distance of 725.8 feet more or less to the point of beginning; from said point of beginning, continue north 3 degrees 55 minutes west along the east boundary of NETPDC a distance of 829.1 feet more or less to a point,</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">thence north 0 degrees 27 minutes west along the east boundary of NETPDC a distance of 623.3 feet more or less to a point,</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">thence south 45 degrees 25 minutes east a distance of 304.8 feet more or less to a point,</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">thence south 87 degrees 48 minutes east a distance of 40.5 feet more or less to a point,</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">thence south 0 degree 25 minutes west a distance of 38.1 feet more or less to a point,</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">thence south 45 degrees 25 minutes east a distance of 139.8 feet more or less to a point,</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">thence south 87 degrees 00 minutes east a distance of 24.6 feet more or less to a point,</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">thence south 24 degrees 12 minutes west a distance of 17.4 feet more or less to a point,</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">thence south 45 degrees 25 minutes east a distance of 536.6 feet more or less to a point,</listContent></listItem> <listItem><listContent class="indent1 firstIndent1 fontsize10 depth0">thence south 44 degrees 35 minutes west a distance of 990.1 feet more or less to the point of beginning; containing 12.46 acres more or less.</listContent></listItem> </list> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>All expenses for surveys and the preparation and execution of legal documents necessary or appropriate to carry out the foregoing provisions shall be borne by the Gulf Coast Council, Boy Scouts of America.</content> </subsection> </section> <section> <num value="616"><inline class="smallCaps">Sec</inline>. 616. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Secretary of the Army (hereinafter in this section<sidenote><p class="firstIndent1 fontsize8">State of Louisiana, land conveyance.</p></sidenote> referred to as the “Secretary”), or his designee, is authorized and directed to convey by quitclaim deed to the State of Louisiana all right, title, and interest of the United States in and to that certain real property located in Saint Tammany Parish, Louisiana, containing one thousand seven hundred and ten acres, more or less, known as Camp Villere, being the same property presently under license to the State for National Guard use, and known as Audited Installation Numbered 22975 in the files of the Office of the District Engineer, Corps of Engineers, Fort Worth District.</content> </subsection> <page identifier="/us/stat/88/1769">88 <inline class="smallCaps">Stat</inline>. 1769</page> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">The conveyance required to be made pursuant to subsection (a) <sidenote><p class="firstIndent1 fontsize8">Conditions.</p></sidenote> shall be made without monetary compensation but shall be in consideration of, and subject to, the following terms and conditions:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>The conveyed property shall be used primarily for the training of the Louisiana National Guard and for other military purposes of the Louisiana National Guard.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Any revenue derived by the State from any other uses of the property shall be used for the maintenance and improvement of the property or be shared with the United States as prescribed by the Secretary. The State shall maintain such records and furnish such reports with respect to such revenue as are prescribed by the Secretary.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>The State shall protect the timber, water resources, gravel, sand, soil, mineral deposits, and other natural resources of the conveyed property in accordance with sound conservation practices and to the satisfaction of the Secretary.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>In time of war or national emergency declared by the Congress, or national emergency hereafter proclaimed by the President, and upon a determination by the Secretary of Defense that the conveyed property, or any part thereof, is useful or necessary for national defense and security, the Secretary, on behalf of the United States, shall have the right to enter upon and use such property, or any part thereof (including any and all improvements made thereon by the State), for a period not to exceed the duration of such war or emergency plus six months. Upon termination of such use, the property shall revert to the State, together with all improvements placed thereon by the United States, and be subject to the terms, conditions, and limitations on its use and disposition which apply without regard to this paragraph. The use of the property by the United States pursuant to this paragraph shall be without obligation or payment on the part of the United States, except that the United States, if required by the State, shall pay the fair market rental value for the use of any improvements on the property which are constructed with State funds and, upon completion of such use, will restore any such improvements to the same condition as that existing at the time of initial occupancy by the United States under this paragraph. At the option of the Secretary, cash payment may be made by the United States in lieu of such restoration; except that the value of any improvements erected by the United States during its occupancy and left on the property shall be offset against the obligation of the United States to restore improvements constructed with State funds.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>There shall be reserved from the conveyance such easements and right-of-way for roads, water flowage, soil disposal, waterlines, sewerlines, communications wires, powerlines, and other purposes, as the Secretary considers necessary or convenient for the operations, activities, and functions of the United States.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content>All mineral rights with respect to the conveyed property, including gas and oil, shall be reserved to the United States, together with the right to permit such reasonable exploration and mining operations as will not interfere with the primary use of the property.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content>Such other terms and conditions as the Secretary may deem necessary to protect the interests of the United States.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Upon a finding by the Secretary that the State is violating or failing to comply with any term or condition imposed by paragraph (1), (2), or (3) of subsection (b) of this section, the Secretary is authorized immediately to reenter and take possession of the property described in subsection (a) , whereupon title to such property shall revert to the United States and control thereover may be asserted by the Secretary without any further act or legal proceeding whatsoever.<page identifier="/us/stat/88/1770">88 <inline class="smallCaps">Stat</inline>. 1770</page> Any improvements, fixtures, and buildings placed on the property by the State during its period of use shall become the property of the United States without payment of compensation therefor.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <content>Any surveying and related costs incurred incident to the carrying out of this section shall be borne by the State.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Appropriate provisions to implement the terms and conditions of this Act shall be included in the instrument of conveyance. SEC. 617. Titles I, II, III, IV, V, and VI of this Act may be cited as<sidenote><p class="firstIndent1 fontsize8">Citation of titles. </p></sidenote> the “Military Construction Authorization Act, 1975”.</content> </paragraph> </subsection> </section> </appropriations> <num value="VII">TITLE VII</num> <appropriations level="small"> <heading>reserve forces facilities</heading> <sidenote><p class="firstIndent1 fontsize8">Reserve Forces Facilities Authorization Act, 1975.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s2231">10 USC 2231</ref>.</p></sidenote> <section> <num value="701"><inline class="smallCaps">Sec</inline>. 701. </num> <chapeau class="inline">Subject to chapter 133 of title 10, United States Code, the Secretary of Defense may establish or develop additional facilities for the Reserve Forces, including the acquisition of land therefor, but the cost of such facilities shall not exceed—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">For the Department of the Army:</chapeau> <level> <content> <list> <listItem><num value="a">(a) </num> <listContent class="indent1 firstIndent1 fontsize10 depth0">Army National Guard of the United States, $53,800,000.</listContent> </listItem> <listItem><num value="b">(b) </num> <listContent class="indent1 firstIndent1 fontsize10 depth0">Army Reserve, $38,600,000.</listContent></listItem> </list> </content> </level> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>For the Department of the Navy: Naval and Marine Corps Reserves, $19,867,000.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">For the Department of the Air Force:</chapeau> <level> <content> <list> <listItem><num value="a">(a) </num> <listContent class="indent0 firstIndent1 fontsize10 depth0">Air National Guard of the United States, $31,500,000.</listContent></listItem> <listItem><num value="b">(b) </num> <listContent class="indent0 firstIndent1 fontsize10 depth0">Air Force Reserve, $14,000,000.</listContent></listItem> </list> </content> </level> </paragraph> </section> <section> <num value="702"><inline class="smallCaps">Sec</inline>. 702. </num> <content>The Secretary of Defense may establish or develop installations and facilities under this title without regard to section 3648 of the Revised Statutes, as amended (31 U.S.C. 529), and sections 4774 and 9774 of title 10, United States Code. The authority to place permanent or temporary improvements on lands includes authority for surveys, administration, overhead, planning, and supervision incident to construction. That authority may be exercised before title to the land is approved under section 355 of the Revised Statutes, as amended (40 U.S.C. 255), and even though the land is held temporarily. The authority to acquire real estate or land includes authority to make surveys and to acquire land, and interests in land (including temporary use), by gift, purchase, exchange of Government-owned land, or otherwise.</content> </section> <section> <num value="703"><inline class="smallCaps">Sec</inline>. 703. </num> <content>Paragraph (1) of section 2233a of title 10, United States Code, is amended by striking out “<quotedText>$50,000</quotedText>” and inserting in lieu thereof “<quotedText>$100,000</quotedText>”.</content> </section> <section> <num value="704"><inline class="smallCaps">Sec</inline>. 704. </num> <content>This title may be cited as the “Reserve Forces Facilities Authorization Act, 1975”.</content> </section> </appropriations> Approved December 27, 1974.
Public Law 93–553: Relative to the convening of the first session of the Ninety-fourth Congress. Public Law 553 88 Stat. 1770 1974-12-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–553
Joint Resolution Relative to the convening of the first session of the Ninety-fourth Congress.

December 27, 1974

[S. J. Res. 260]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the first regular session

Ninety-fourth Congress.

 of the 94th Congress shall begin at 12 o’clock noon on Tuesday, January 14, 1975.
Approved December 27, 1974.
Public Law 93–554: Making supplemental appropriations for the fiscal year ending June 30, 1975, and for other purposes. Public Law 554 88 Stat. 1771 1974-12-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 1771 Public Law 93–554
An Act Making supplemental appropriations for the fiscal year ending June 30, 1975, and for other purposes.

December 27, 1974

[H. R. 16900]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following

Supplemental Appropriations Act, 1975.

 sums are appropriated out of any money in the Treasury not otherwise appropriated, to supply supplemental appropriations (this Act may be cited as the “Supplemental Appropriations Act, 1975”) for the fiscal year ending June 30, 1975, and for other purposes, namely:
<num value="I">TITLE I</num> <chapter> <num value="I">CHAPTER I</num> <heading class="centered">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</heading> <appropriations level="intermediate"> <heading>Community Planning and Development</heading> <appropriations level="small"> <heading>community development</heading> <content>For contracts with and payments to States and units of general local government and for related expenses, not otherwise provided n for, necessary for carrying out a community development grant program as authorized by Title I of the Housing and Community Development Act of 1974 (P.L. 93–383, 88 Stat. 633), $2,125,000,000, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5301">42 USC 5301</ref>.</p></sidenote> to remain available until September 30, 1977: <proviso><i>Provided</i>, That upon the date funds become available for obligation under said title, there shall be transferred to and merged with appropriations and authority provided under this head, the uncommitted balances of funds provided for fiscal year 1975 for “Urban Renewal Programs” and “Model Cities Programs”:</proviso> <proviso><i>Provided further</i>, That there is hereby appropriated an additional $50,000,000, to remain available until September 30, 1977, for urgent community development needs pursuant to section 103(b) of said title</proviso>.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Housing Production and Mortgage Credit</heading> <appropriations level="small"> <heading>housing for the elderly or handicapped</heading> <content>The limitation on the aggregate loans that may be made under section 202 of the Housing Act of 1959, as amended, from the fund <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701q">12 USC 1701q</ref>.</p></sidenote> created by subsection (a) (4) (A) of such section, in accordance with subsection (a) (4) (C) of such section as added by section 210(d) (3) of the Housing and Community Development Act of 1974, is hereby <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 669.</p></sidenote> established in the fiscal year ending June 30, 1975, at a level of $100,000,000 in addition to the unobligated balance of the amounts heretofore appropriated to or otherwise deposited in such fund as of the end of month after the enactment of this paragraph.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/1772">88 <inline class="smallCaps">Stat</inline>. 1772</page> <appropriations level="major"> <heading>NATIONAL SCIENCE FOUNDATION</heading> <appropriations level="intermediate"> <heading>Salaries and Expenses</heading> <content>In addition to the purposes for which the appropriation under this head was provided in the Special Energy Research and Development Appropriation Act, 1975 (Public Law 93–322), the Director of the<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 276.</p></sidenote> National Science Foundation is authorized to transfer to the Secretary of the Department of Housing and Urban Development and/or the Administrator of the National Aeronautics and Space Administration not to exceed a total of $5,000,000 for support of programs for development and demonstration of solar heating systems and solar heating and cooling systems, and for the preparation of comprehensive plans for such development and demonstration programs, as authorized by the Solar Heating and Cooling Demonstration Act of 1974 (Public Law 93–409).<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1069.</p></sidenote></content> </appropriations> </appropriations> <appropriations level="major"> <heading>VETERANS ADMINISTRATION</heading> <appropriations level="intermediate"> <heading>Assistance for Health Manpower Training Institutions</heading> <content>For grants to affiliated medical schools, assistance to public and nonprofit institutions of higher learning, hospitals and other health manpower institutions affiliated with the Veterans Administration to increase the production of professional and other health personnel, and for expansion of Veterans Administration hospital education and training capacity as authorized by 38 U.S.C. Chapter 82, $10,000,000,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s5070">38 USC 5070</ref>.</p></sidenote> to remain available until June 30, 1981.</content> </appropriations> </appropriations> </chapter> <chapter> <num value="II">CHAPTER II</num> <heading class="centered">DEPARTMENT OF LABOR</heading> <appropriations level="intermediate"> <heading>Labor-Management Services Administration</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For an additional amount for the Labor-Management Services Administration, Salaries and Expenses, $8,150,000, including $1,500,000 to be derived by transfer from Manpower Administration, Program Administration.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Employment Standards Administration</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For an additional amount for Employment Standards Administration, Salaries and Expenses, $6,080,000, including $5,600,000 to be derived by transfer from Comprehensive Manpower Assistance.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Bureau of Labor Statistics</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For additional expenses for the Bureau of Labor Statistics, $300,000. to be derived by a transfer from the Departmental Management, Salaries and Expenses appropriation, of which the entire amount shall be for the expenses of revising the Consumer Price Index, includ-<page identifier="/us/stat/88/1773">88 <inline class="smallCaps">Stat</inline>. 1773</page>ing salaries of temporary personnel assigned to this project without regard to competitive Civil Service requirements.</content> </appropriations> </appropriations> <appropriations level="major"> <heading>DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE</heading> <appropriations level="intermediate"> <heading>Health Services Administration</heading> <appropriations level="small"> <heading>health services</heading> <content>For carrying out, to the extent not otherwise provided, section 801(g) of the Public Health Service Act, $2,722,000. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s241">42 USC 241</ref>.</p></sidenote></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Alcohol, Drug Abuse, and Mental Health Administration</heading> <appropriations level="small"> <heading>saint elizabeths hospital</heading> <content>For an additional amount for “Saint Elizabeths Hospital”, $1,789,000, or such amount as may be necessary to increase total funds available to the hospital by $1,811,000, including reimbursements.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Health Resources Administration</heading> <appropriations level="small"> <heading>health resources</heading> <content> <p class="inline">For carrying out, to the extent not otherwise provided, section 225, titles III, VII, and VIII, of the Public Health Service Act, section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s234/241/292/296">42 USC 234, 241, 292, 296</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1395f">42 USC 1395f note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401</ref>.</p></sidenote> 222 of the Social Security Amendments of 1972, $147,933,000: <proviso><i>Provided</i>, That in addition, $120,000 may be transferred to this appropriation, as authorized by section 201(g) of the Social Security Act from any one or all of the trust funds referred to therein</proviso>.</p> <p class="indent0 firstIndent1 fontsize10">Loans, grants, and payments for the next succeeding fiscal year: For making, after December 31 of the current fiscal year, loans, grants, and payments under section 225, part C of title VII, and part B of title VIII of the Public Health Service Act for the first quarter of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s248/297">42 USC 248, 297</ref>.</p></sidenote> the next succeeding fiscal year, such sums as may be necessary, and obligations incurred and expenditures made hereunder shall be charged to the appropriation for that purpose for such fiscal year: <proviso><i>Provided</i>, That such loans, grants, and payments pursuant to this paragraph may not exceed 50 per centum of the amounts authorized in part C of title VII, and in part B of title VIII for these purposes for the next succeeding fiscal year</proviso>.</p> </content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Office of Education</heading> <appropriations level="small"> <heading>elementary and secondary education</heading> <content>For carrying out, to the extent not otherwise provided, title I, Part A ($3,702,762,000) Part B ($30,538,000) and Part C ($38,000,000), title III ($120,000,000), title IV, Part B ($137,330,000) and Part C ($172,888,000), title V, Parts A and C ($39,425,000), title VII and sec. 808 of the Elementary and Secondary Education Act; Part J of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241a/841/331/861/880b/887a">20 USC 241a, 841, 331, 861, 880b, 887a</ref>.</p></sidenote> Vocational Education Act of 1963; section 822 and section 823 ($200,000) of Public Law 93–380; section 417(a) (2) of the General <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 607.</p><p class="firstIndent1 fontsize8">Ante, pp. 600, 601.</p></sidenote> Education Provisions Act; title IV of the Civil Rights Act of 1964 and title III–A ($21,750,000) of the National Defense Education Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1227">20 USC 1227</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s2000c">40 USC 2000c</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s441">20 USC 441</ref>.</p></sidenote> 1958, $4,358,293,000: <proviso><i>Provided</i>, That of the amounts appropriated above the following amounts shall become available for obligation on July 1, 1975, and shall remain available until June 30, 1976: title I,<page identifier="/us/stat/88/1774">88 <inline class="smallCaps">Stat</inline>. 1774</page> Part A ($1,882,212,000) Part B ($16,538,000) and title IV, Part B ($137,330,000) and Part C ($172,888,000) of the Elementary and Secondary Education Act, and section 417(a) (2) of the General Education <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241a/331">20 USC 241a, 331</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1227">20 USC 1227</ref>.</p></sidenote> Provisions Act ($1,250,000):</proviso> <proviso><i>Provided further</i>, That the Commonwealth of Puerto Rico shall receive grants for the current fiscal year pursuant to sections 121, 122, and 123 of the Elementary and Secondary Education Act of 1965 (as such Act exists on the date of <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 491, 492, 494.</p></sidenote> enactment of this Act) in amounts equal to not less than the amounts received by the Commonwealth of Puerto Rico for the fiscal year ending June 30, 1974, pursuant to sections 103(a) (5), 103(a) (6), and 103(a) (7), respectively of the Elementary and Secondary Education Act of 1965 (as such Act existed immediately before the effective date<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c">20 USC 241c</ref>.</p></sidenote> of the amendments made to title I of such Act by the Education Amendments of 1974):</proviso> <proviso><i>Provided further</i>, That none of these funds shall be used to compel any school system as a condition for receiving grants and other benefits from the appropriations above, to classify teachers or students by race, religion, sex, or national origin; or to assign teachers or students to schools, classes, or courses for reasons of race, religion, sex, or national origin, except as may be required to enforce nondiscrimination provisions of Federal law</proviso>.</content> </appropriations> <appropriations level="small"> <heading>school assistance in federally affected areas</heading> <content>For carrying out title I of the Act of September 30, 1950, as amended (20 U.S.C., ch. 13), and the Act of September 23, 1950, as amended (20<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s236">20 USC 236</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s631">20 USC 631</ref>.</p></sidenote> U.S.C, ch. 19), $656,016,000, of which $636,016,000, including $43,000,000 for amounts payable under section 6 shall be for the maintenance and operation of schools as authorized by said title I of the Act of September 30, 1950, as amended, and $20,000,000, which shall remain available until expended, shall be for providing school facilities as authorized by said Act of September 23, 1950: <proviso><i>Provided</i>, That none of the funds contained herein shall be available to pay any local educational agency in excess of 70 per centum of the amounts to which such agency would otherwise be entitled pursuant to section 3(b) of title I.</proviso> <proviso><i>Provided further</i>, That none of the funds contained herein<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s633">20 USC 633</ref>.</p></sidenote> shall be available to pay any local educational agency in excess of 90 per centum of the amounts to which such agency would otherwise be entitled pursuant to section 3(a) of said title I if the number of children in average daily attendance in schools of that agency eligible under said section 3(a) is less than 25 per centum of the total number of children in such schools: Provided further, That, with the exception of up to $1,000,000 for repairs for facilities constructed under section 10 none of the funds contained herein for providing school<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s640">20 USC 640</ref>.</p></sidenote> facilities shall be available to pay for any other section of the Act of September 23, 1950, until payment has been made of 100 per centum of amounts payable under section 5 and subsections 14(a) and 14(b):</proviso> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s635/644">20 USC 635, 644</ref>.</p></sidenote> <proviso><i>Provided further</i>, That of the funds provided herein for carrying out the Act of September 23, 1950, no more than 47.5 per centum may be used to fund section 5 of said Act</proviso>.</content> </appropriations> <appropriations level="small"> <heading>education for the handicapped</heading> <content>For carrying out, to the extent not otherwise provided, the Education of the Handicapped Act, $299,609,000: <proviso><i>Provided</i>, That of this <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1401">20 USC 1401 note</ref>.</p></sidenote> amount $100,000,000 for part B shall become available July 1, 1975, and shall remain available through June 30, 1976:</proviso> <proviso><i>Provided further</i>, That of the sums appropriated herein, not to exceed $575,000 shall be available to carry out section 625 of the Education of the Handicapped Act</proviso>. <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 584.</p></sidenote></content> </appropriations> <page identifier="/us/stat/88/1775">88 <inline class="smallCaps">Stat</inline>. 1775</page> <appropriations level="small"> <heading>occupational, vocational, and adult education</heading> <content> <p class="inline">For carrying out, to the extent not otherwise provided, the Adult Education Act of 1966, and section 907 of the Elementary and Secondary <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1201">20 USC 1201 note</ref>.</p></sidenote> Education Act of 1965, as amended, $136,800,000: <proviso><i>Provided</i>, That of this amount $67,500,000 shall become available for obligation <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s900a–5">20 USC 900a–5</ref>.</p></sidenote> on July 1, 1975 and shall remain available through June 30, 1976.</proviso></p> <p class="indent0 firstIndent1 fontsize10">Funds appropriated under “Occupational, Vocational, and Adult Education” in the Departments of Labor and Health, Education, and Welfare Appropriations Act, 1975 for carrying out career education <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 642.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s331">20 USC 331 note</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 551.</p></sidenote> under the Cooperative Research Act shall be available only to carry out the provisions of section 406 of Public Law 93–380. </p> </content> </appropriations> <appropriations level="small"> <heading>library resources</heading> <content>For carrying out title II of the Elementary and Secondary Education Act, $95,250,000. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s821">20 USC 821</ref>.</p></sidenote></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Assistant Secretary for Human Development</heading> <appropriations level="small"> <heading>human development</heading> <content>For carrying out, except as otherwise provided. Title VII of the Older Americans Act of 1965, as amended, and Titles III and IV of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3051">42 USC 3051</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 1129, 1132.</p></sidenote> the Juvenile Justice and Delinquency Prevention Act of 1974, $135,000,000.</content> </appropriations> </appropriations> </appropriations> </chapter> <chapter> <num value="III">CHAPTER III</num> <heading class="centered">LEGISLATIVE BRANCH</heading> <appropriations level="major"> <heading>SENATE</heading> <appropriations level="intermediate"> <heading>Salaries, Officers and Employees</heading> <appropriations level="small"> <heading>office of the secretary</heading> <content>For an additional amount for “Office of the Secretary”, $75,525: <proviso><i>Provided</i>, That effective October 1, 1974, the Secretary may appoint and fix the compensation of a technical advisor at not to exceed $28,690 per annum; a chief elections investigator at not to exceed $28,690 per annum, and the Secretary may fix the per annum compensation of the enrolling clerk at not to exceed $26,878 per annum in lieu of $20,235 per annum:</proviso> <proviso><i>Provided further</i>, That effective October 1, 1974, the allowance for clerical assistance and readjustment of salaries in the Disbursing Office is increased by $41,040</proviso>.</content> </appropriations> <appropriations level="small"> <heading>committee employees</heading> <content>For an additional amount for “Committee Employees”, $349,980.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Contingent Expenses of the Senate</heading> <appropriations level="small"> <heading>inquiries and investigations</heading> <content> <p class="inline">For an additional amount for “Inquiries and Investigations”, $5,000.</p> <p class="indent0 firstIndent1 fontsize10">For an additional amount for “Inquiries and Investigations”, fiscal year 1974, $250,000.</p> </content> </appropriations> <appropriations level="small"> <heading>miscellaneous items</heading> <content>For an additional amount for “Miscellaneous Items”, fiscal year 1974, $1,050,000.</content> </appropriations> <page identifier="/us/stat/88/1776">88 <inline class="smallCaps">Stat</inline>. 1776</page> <appropriations level="small"> <heading>stationery (revolving fund)</heading> <content>For an additional amount for “Stationery (Revolving Fund)”, $300.</content> </appropriations> <appropriations level="small"> <heading>administrative provision</heading> <section class="firstIndent1 fontsize10"> <chapeau class="inline">Effective January 1, 1975—<sidenote><p class="firstIndent1 fontsize8">Effective date.</p></sidenote></chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>that portion of the paragraph relating to contingent funds under the heading “UNDER LEGISLATIVE” in the Act of October 2, 1888 (25 Stat. 546; 2 U.S.C. 68, 95), beginning with “And hereafter” and ending with “Government”, is amended to read as follows: “<quotedText>Payments made upon vouchers approved by the Committee on House Administration of the House of Representatives, and payments made upon vouchers or abstracts of disbursements of salaries approved by the Committee on Rules and Administration of the Senate, shall be deemed, held, and taken, and are declared to be conclusive upon all the departments and officers of the Government</quotedText>”;</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>section 204 of the Atomic Energy Act of 1954 (42 U.S.C. 2254) is amended by inserting immediately after “<quotedText>upon vouchers approved by the Chairman</quotedText>”, a comma and the following: “<quotedText>except that vouchers shall not be required for the disbursement of salaries of employees paid at an annual rate</quotedText>”; and</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>section 5 (e) of the Employment Act of 1946 (15 U.S.C. 1024(e)) is amended by inserting immediately before the period at the end thereof a comma and the following: “<quotedText>except that vouchers shall not be required for the disbursement of salaries of employees paid at an annual rate</quotedText>”.</content> </paragraph> </section> </appropriations> </appropriations> </appropriations> <appropriations level="major"> <heading>HOUSE OF REPRESENTATIVES</heading> <appropriations level="intermediate"> <heading>Salaries, Officers and Employees</heading> <content>For an additional amount for “<quotedText>Salaries, officers and employees</quotedText>”, $130,000, including: the House Democratic Steering Committee, $65,000; and the House Republican Conference, $65,000.</content> </appropriations> <appropriations level="intermediate"> <heading>Committee on the Budget (Studies)</heading> <content>For salaries, expenses, and studies by the Committee on the Budget, and temporary personal services for such committee to be expended in accordance with sections 101(c), 606, 703 and 901(e) of the Congressional Budget Act of 1974, and to be available for reimbursement<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 299, 325, 326, 330.</p></sidenote> agencies for services performed, $138,000.</content> </appropriations> <appropriations level="intermediate"> <heading>House Barber Shops Revolving Fund</heading> <content>Effective the first of the month following approval of this act there is established in the Treasury of the United States a revolving fund for the House Barber Shops. The amount on deposit in the suspense fund maintained by the Clerk of the House for barber shop receipts on the effective date of this act shall constitute the capital of the fund. All moneys thereafter received by the House Barber Shops from fees for services or from any other source shall be deposited in such fund; and moneys in such fund shall be available without fiscal year limitation for disbursement by the Clerk of the House of Representatives for compensation of personnel of the House Barber Shops. On September 30 of each year the Clerk of the House shall deposit in the general fund of the Treasury from this revolving fund an amount equal to the June 30 balance in such revolving fund.</content> </appropriations> <page identifier="/us/stat/88/1777">88 <inline class="smallCaps">Stat</inline>. 1777</page> <appropriations level="intermediate"> <heading>Administrative Provisions</heading> <content> <p class="inline">Effective on January 2, 1975, the provisions of Title II of House <sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s29a">2 USC 29a</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s286–286g">2 USC 286–286g</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s29b">2 USC 29b</ref>.</p></sidenote> Resolution 988, Ninety-third Congress, relating to: Sec. 202. Early Organization of the House; Sec. 203. Legislative Classification Office; Sec. 204. The House Commission on Information and Facilities; Sec. 205. Office of the Law Revision Counsel; Sec. 206. Review of Committee <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s285–285g/412a">2 USC 285–285g, 412a</ref>.</p></sidenote> Jurisdiction; Sec. 207 (c) and (d) Technical and Conforming Provisions; and Sec. 208. Compilation of the Precedents, shall be the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s28a">2 USC 28a</ref></p></sidenote> permanent law with respect thereto.</p> <p class="indent0 firstIndent1 fontsize10">The provisions of House Resolution 1299, Ninety-third Congress, relating to an additional expert transcriber to official committee reporters of the House of Representatives, and House Resolution 1309, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s206b">40 USC 206b</ref>.</p></sidenote> Ninety-third Congress, relating to the United States Capitol Police force, shall be the permanent law with respect thereto.</p> </content> </appropriations> </appropriations> <appropriations level="major"> <heading>JOINT ITEMS</heading> <appropriations level="intermediate"> <heading>Contingent Expenses of the Senate</heading> <appropriations level="small"> <heading>joint committee on printing</heading> <content>For an additional amount for “Joint Committee on Printing”, $66,000.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"> <heading>ARCHITECT OF THE CAPITOL</heading> <appropriations level="small"> <heading>Capitol Buildings and Grounds</heading> <section class="firstIndent1 fontsize10"> <chapeau class="inline">For additional amounts in the following appropriation accounts:</chapeau> <level> <content> <p class="indent1 firstIndent1 fontsize10">Capitol Buildings, $3,200,</p> <p class="indent1 firstIndent1 fontsize10">Senate Office Buildings, $3,600,</p> <p class="indent1 firstIndent1 fontsize10">House Office Buildings, $6,600:</p> </content> </level> <continuation class="inline"><proviso><i>Provided</i>, That notwithstanding any other provision of law, effective <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s166b–2">40 USC 166b–2</ref>.</p></sidenote> on the first day of the first applicable pay period which begins on or after the date of enactment of this Act, the positions of registered nurses compensated under the foregoing appropriations shall be allocated by the Architect of the Capitol to grade 10 of the General Schedule and compensated initially at the same steps in such grade, currently in effect for their present grades, so long as such positions are held by the present incumbents</proviso>.</continuation> <subsection> <content>Notwithstanding any other provision of law, effective January 1, <sidenote><p class="firstIndent1 fontsize8">Effective date.</p></sidenote> 1975, none of the funds appropriated to the Architect of the Capitol shall thereafter be available for any nursing position unless the position is occupied by a Registered Nurse: <proviso><i>Provided</i>, That such provision shall not be applicable to the present incumbents of such positions</proviso>.</content> </subsection> </section> </appropriations> <appropriations level="small"> <heading>construction of an extension to the new senate office building</heading> <content>For an additional amount for “Construction of an Extension to the New Senate Office Building”, $16,322,000, to remain available until expended.</content> </appropriations> <appropriations level="intermediate"> <heading>Administrative Provision</heading> <content>Hereafter, with the approval of the Joint Committee on the Library, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s216b">40 USC 216b</ref>.</p></sidenote> the Architect of the Capitol may utilize personnel paid from appropriations under his control for performance of administrative and clerical duties in connection with the maintenance and operation of the United States Botanic Garden, to such extent as he may deem feasible.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/1778">88 <inline class="smallCaps">Stat</inline>. 1778</page> <appropriations level="major"> <heading>GOVERNMENT PRINTING OFFICE</heading> <appropriations level="intermediate"> <heading>Environmental Impact Study on the Relocation of the Government Printing Office</heading> <content>For expenses necessary to prepare a detailed environmental impact statement for the Government Printing Office, $300,000, to remain available until expended, and to be available for transfer to the General Services Administration.</content> </appropriations> </appropriations> </chapter> <chapter> <num value="IV">CHAPTER IV</num> <appropriations level="intermediate"> <heading>Atomic Energy Commission</heading> <appropriations level="small"> <heading>operating expenses</heading> <content>For an additional amount for “Operating expenses”, $25,500,000, to remain available until expended: <proviso><i>Provided</i>, That this appropriation shall be available only upon the enactment into law of authorizing legislation</proviso>.</content> </appropriations> <appropriations level="small"> <heading>plant and capital equipment</heading> <content>For an additional amount for “Plant and capital equipment”, $9,150,000, to remain available until expended: <proviso><i>Provided</i>, That this appropriation shall be available only upon the enactment into law of authorizing legislation</proviso>.</content> </appropriations> </appropriations> <appropriations level="major"> <heading>DEPARTMENT OF THE INTERIOR</heading> <appropriations level="intermediate"> <heading>Bureau of Reclamation</heading> <appropriations level="small"> <heading>operation and maintenance</heading> <content>Notwithstanding the last proviso under this head in the Public Works for Water and Power Development and Atomic Energy Commission Appropriation Act, 1975 (Public Law 93–393), the Secretary<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 782.</p></sidenote> of the Interior, following the entry of a final order by the United States District Court for the District of Nevada in the case designated as “Truckee-Carson Irrigation District v. Secretary of the Interior”, Civil Action No. R–74–34, BRT, filed March 18, 1974, now pending in said court, determining that the Secretary may assume control of the Newlands Reclamation Project, Nevada, may utilize not to exceed $1,000,000 of the funds appropriated under such head for the operation of the Newlands Reclamation Project, Nevada.</content> </appropriations> </appropriations> </appropriations> </chapter> <chapter> <num value="V">CHAPTER V</num> <heading class="centered">DEPARTMENT OF COMMERCE</heading> <appropriations level="intermediate"> <heading>Economic Development Administration</heading> <appropriations level="small"> <heading>economic development assistance programs</heading> <content>For an additional amount for “Economic Development Assistance Programs”, including activities authorized by Title IX , $62,750,000.</content> </appropriations> <appropriations level="small"> <heading>administration of economic development assistance programs</heading> <content>For an additional amount for “Administration of economic development assistance programs”, $5,275,000.</content> </appropriations> <page identifier="/us/stat/88/1779">88 <inline class="smallCaps">Stat</inline>. 1779</page> <appropriations level="intermediate"> <heading>Regional Action Planning Commissions</heading> <appropriations level="small"> <heading>regional development programs</heading> <content>For an additional amount for “Regional Development Programs”, $3,502,000, to remain available until expended.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"> <heading>THE JUDICIARY</heading> <appropriations level="intermediate"> <heading>Supreme Court of the United States</heading> <appropriations level="small"> <heading>care of the building and grounds</heading> <content>For an additional amount for “Care of the Building and Grounds”, $258,500, to remain available until expended.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Commission on Revision of the Federal Court Appellate System of the United States</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses of the Commission on Revision of the Federal Court Appellate System of the United States authorized by the Act of October 13, 1972 (Public Law 92–89) , as amended by the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t28/s41">28 USC 41 note</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1153.</p></sidenote> Act of September 19, 1974 (Public Law 93–420), $351,000, to remain available until expended.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"> <heading>RELATED AGENCIES</heading> <appropriations level="intermediate"> <heading>Small Business Administration</heading> <appropriations level="small"> <heading>surety bond guarantees fund</heading> <content>For additional capital for the “Surety Bond Guarantees Fund”, authorized by the Small Business Investment Act, as amended, to <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s661">15 USC 661 note</ref>.</p></sidenote> remain available without fiscal year limitation: $20,000,000 to be derived by transfer from the “Business Loan and Investment Fund”.</content> </appropriations> </appropriations> </appropriations> </chapter> <chapter> <num value="VI">CHAPTER VI</num> <heading class="centered">DEPARTMENT OF TRANSPORTATION</heading> <appropriations level="intermediate"> <heading>Federal Aviation Administration</heading> <appropriations level="small"> <heading>grants-in-aid for airports</heading> <content>Notwithstanding the limitation on Grants-in-Aid for Airport Development contained in section 302 of Public Law 93–391, the <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 780.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t14/s92">14 USC 92 note</ref>.</p></sidenote> $25,000,000 appropriated by Public Law 91–168 for such grants and subsequently transferred to the Airport and Airway Development Trust Fund by Public Law 91–258 shall be available for obligation <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1701">49 USC 1701</ref>.</p></sidenote> through June 30, 1975.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Federal Railroad Administration</heading> <appropriations level="small"> <heading>grants to the national railroad passenger corporation</heading> <content>For an additional amount for “Grants to the National Railroad Passenger Corporation”, $70,000,000, to remain available until expended.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/1780">88 <inline class="smallCaps">Stat</inline>. 1780</page> <appropriations level="intermediate"> <heading>Urban Mass Transportation Administration</heading> <appropriations level="small"> <heading>urban mass transportation fund</heading> <subheading>liquidation of contract authorization</subheading> <content>In addition to the purposes for which the appropriations under this head were made available in the Department of Transportation and Related Agencies Appropriations Acts, not to exceed $3,100,000 of such appropriations shall be available for liquidation of contractual obligations incurred under authority of sections 103(e) (4) and 142(c) of title 23, United States Code.</content> </appropriations> </appropriations> <appropriations level="major"> <heading>RELATED AGENCIES</heading> <appropriations level="intermediate"> <heading>Interstate Commerce Commission</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For an additional amount for “Salaries and expenses”, $170,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>United States Railway Association</heading> <appropriations level="small"> <heading>administrative expenses</heading> <content>For necessary administrative expenses to enable the United States Railway Association to carry out its functions under the Regional Rail Reorganization Act of 1973, $7,000,000, to remain available until<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t45/s701">45 USC 701 note</ref>.</p></sidenote> expended.</content> </appropriations> </appropriations> </appropriations> </chapter> <chapter> <num value="VII">CHAPTER VII</num> <heading class="centered">DEPARTMENT OF THE TREASURY</heading> <appropriations level="intermediate"> <heading>Bureau of Government Financial Operations</heading> <appropriations level="small"> <heading>eisenhower college grants</heading> <content>For payments to Eisenhower College as provided by Public Law 93–441, $9,000,000.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1262.</p></sidenote></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>General Provision</heading> <content>Motor vehicles for police-type use by the Treasury Department may be purchased without regard to the general purchase price limitation for the current fiscal year.</content> </appropriations> <appropriations level="major"> <heading>POSTAL SERVICE</heading> <appropriations level="intermediate"> <heading>Payment to the Postal Service Fund</heading> <content>For an additional amount for “Payment to the Postal Service Fund”, $280,656,000.</content> </appropriations> </appropriations> <appropriations level="major"> <heading>EXECUTIVE OFFICE OF THE PRESIDENT</heading> <appropriations level="intermediate"> <heading>Office of Management and Budget</heading> <subheading>Office of Federal Procurement Policy</subheading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For expenses necessary to carry out the provisions of the Act of August 30, 1974 (Public Law 93–400), $660,000.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 796.</p></sidenote></content> </appropriations> </appropriations> <page identifier="/us/stat/88/1781">88 <inline class="smallCaps">Stat</inline>. 1781</page> <appropriations level="intermediate"> <heading>Council on Wage and Price Stability</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For expenses, including compensation for the Deputy Director at a rate not to exceed the rate for level V of the Executive Schedule, necessary for the Council on Wage and Price Stability as authorized by the Council on Wage and Price Stability Act of 1974 (Public Law 93–387) $1,000,000: <proviso><i>Provided</i>, That transfers under th is head for <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 750.</p></sidenote> the current fiscal year may be made to any account as re imbursement for funds advanced or expenses incurred</proviso>.</content> </appropriations> </appropriations> </appropriations> <appropriations level="small"> <heading>INDEPENDENT AGENCIES</heading> <appropriations level="intermediate"> <heading>Civil Service Commission</heading> <appropriations level="small"> <heading>payment to civil service retirement and disability fund</heading> <content>For an additional amount for “Payment to Civil Service Retirement and Disability Fund”, $73,576,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>National Commission on Supplies and Shortages</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses to carry out the provisions of the National Commission on Supplies and Shortages Act (Public Law 93–426), <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1166.</p></sidenote> including personal services without regard to the provisions of law regulating the employment and compensation of persons in the Government service, $287,500.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>National Commission on Electronic Fund Transfers</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses to carry out the provisions of title II of Public Law 93–495, $500,000, to remain available until expended. <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1508.</p></sidenote></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Advisory Commission on Intergovernmental Relations</heading> <appropriations level="small"> <heading>full deposit insurance study</heading> <content>For necessary expenses to carry out the provisions of section 101(f) of Public Law 93–495, $87,000. <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1500.</p></sidenote></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>General Services Administration</heading> <appropriations level="small"> <heading>real property operations</heading> <subheading>federal buildings fund</subheading> <section class="firstIndent1 fontsize10"> <heading class="centered">Limitation on Availability of Revenue</heading> <section> <content>In addition to the aggregate amount made available for real property management and related expenses under this heading in the “Treasury, Postal Service, and General Government Appropriations Act, 1975”, $1,000,000 shall be available for such purposes and the limitation on the amount made available for rental of space is increased to $364,000,000, and the limitation on the amount made available for purchase contract payments is reduced to $16,244,000, and the limita-<page identifier="/us/stat/88/1782">88 <inline class="smallCaps">Stat</inline>. 1782</page>tion on the amount made available for real property operations is reduced to $351,000,000.</content> </section> </section> </appropriations> <appropriations level="small"> <heading>expenses, presidential transition</heading> <content>For expenses necessary to carry out the provisions of the Presidential Transition Act of 1963 (3 U.S.C. 102 note), $100,000 to be available until February 9, 1975, as authorized by law: <proviso><i>Provided</i>, That the aggregate salaries of all employees detailed on a nonreimbursable basis under the authority of the Presidential Transition Act of 1963, during the period beginning with the enactment of this Act, and ending February 9, 1975, shall not exceed $70,000</proviso>.</content> </appropriations> <appropriations level="small"> <heading>allowances and office staff for former presidents</heading> <content>For an additional amount for “Allowances and Office Staff for Former Presidents”, $55,000 to carry out the provisions of subsection (a) of the Former Presidents Act of 1958, as amended (3 U.S.C. 102 note); $45,000 solely to carry out the other provisions of the Former Presidents Act, as amended.</content> </appropriations> </appropriations> </appropriations> </chapter> <chapter> <num value="VIII">CHAPTER VIII</num> <heading class="centered">CLAIMS AND JUDGMENTS</heading> <content>For payment of claims settled and determined by departments and agencies in accord with law and judgments rendered against the United States by the United States Court of Claims and United States district courts, as set forth in Senate Document Numbered 93–114 and House Document Numbered 93–350, Ninety-third Congress, $51,472,873, together with such amounts as may be necessary to pay interest (as and when specified in such judgments or provided by law) and such additional sums due to increases in rates of exchange as may be necessary to pay claims in foreign currency: <proviso><i>Provided</i>, That no judgment herein appropriated for shall be paid until it shall become final and conclusive against the United States by failure of the parties to appeal or otherwise:</proviso> <proviso><i>Provided further</i>, That unless otherwise specifically required by law or by judgment, payment of interest wherever appropriated for herein shall not continue for more than thirty days after the date of approval of the Act</proviso>.</content> </chapter> <chapter> <num value="IX">CHAPTER IX</num> <heading class="centered">DEPARTMENT OF THE INTERIOR</heading> <appropriations level="intermediate"> <heading>Bureau of Land Management</heading> <appropriations level="small"> <heading>management of lands and resources</heading> <content>For an additional amount for “Management of Lands and Resources”, $12,400,000, to be derived by transfer from the appropriation for “Salaries and Expenses”, Office of Coal Research, fiscal year 1975.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Office of Saline Water</heading> <appropriations level="small"> <heading>saline water conversion</heading> <content>For an additional amount for “Saline Water Conversion”, $2,900,000, to remain available until expended.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/1783">88 <inline class="smallCaps">Stat</inline>. 1783</page> <appropriations level="intermediate"> <heading>Geological Survey</heading> <appropriations level="small"> <heading>surveys, investigations and research</heading> <content>For an additional amount for “Surveys, Investigations and Research”, $2,600,000, to be derived by transfer from the appropriation for “Salaries and Expenses”, Office of Coal Research, fiscal year 1975.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Bureau of Indian Affairs</heading> <appropriations level="small"> <heading>operation of indian program</heading> <content>For an additional amount for “Operation of Indian Programs”, $2,814,000, including $1,975,000 for implementation of the Menominee Restoration Act (Public Law 93–197), and $239,000 for assistance to <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s903">25 USC 903 note</ref>.</p></sidenote> the Menominee Restoration Committee.</content> </appropriations> <appropriations level="small"> <heading>construction</heading> <content>Of the funds appropriated under this head in the Department of the Interior and Related Agencies Appropriation Act, 1975, $425,000 shall be available to assist the Tuba City High School Public School District, Arizona, in the construction of facilities for joint use with the Grey Hills Indian High School.</content> </appropriations> <appropriations level="small"> <heading>road construction (liquidation of contract authority)</heading> <content>For an additional amount for “Road Construction (Liquidation of Contract Authority)”, $500,000 to remain available until expended.</content> </appropriations> </appropriations> <appropriations level="major"> <heading>RELATED AGENCIES</heading> <appropriations level="intermediate"> <heading>Federal Energy Administration</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For an additional amount for “Salaries and Expenses”, $8,000,000.</content> </appropriations> </appropriations> </appropriations> </chapter> <num value="II">TITLE II</num> <heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content>No part of any appropriation contained in this Act shall <sidenote><p class="firstIndent1 fontsize8">Fiscal year limitation.</p></sidenote> remain available for obligation beyond the current fiscal year unless expressly so provided herein.</content> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content>No part of any appropriation contained in this Act shall be available for paying to the Administrator of the General Services Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended, for space and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s490">40 USC 490</ref>.</p></sidenote> services.</content> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <content>No part of any appropriation contained in this Act or <sidenote><p class="firstIndent1 fontsize8">Certain Presidential documents, expenses, limitation.</p></sidenote> any other Act may be used to pay any expenses of any kind to send, ship, transmit, convey, or deliver any of the Presidential documents, written materials, or tape recordings of former President Richard M. Nixon from the custody of Federal officials or agencies now in possession of them until the passage by the Congress of legislation determining the disposition of said documents, written materials, and<page identifier="/us/stat/88/1784">88 <inline class="smallCaps">Stat</inline>. 1784</page> tape recordings: <proviso><i>Provided</i>, That this limitation shall expire on June 30, 1975:</proviso> <proviso><i>And provided further</i>, That this limitation shall not prevent compliance with subpenas duly issued by State or Federal Courts or by the United States House of Representatives or the United States Senate</proviso>.</content> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <content>Notwithstanding any other provision of law, appropriations provided in this or any other Act which would otherwise expire on June 30 of the calendar year 1976, or on such date of any subsequent calendar year, shall remain available until September 30 of each such calendar year.</content> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <content>None of the funds appropriated by this or any other Act <sidenote><p class="firstIndent1 fontsize8">Travel expenses, limitation.</p></sidenote> which are available during the fiscal year 1975 for travel expenses, including subsistence allowances, of Government officers and employees may be obligated after the date of the enactment of this Act, at a rate for the balance of the fiscal year which exceeds 90 percent of the budget estimates for fiscal year 1975 for such expenses which were submitted for appropriations or otherwise provided by law: <proviso><i>Provided</i>, That none of the limitations on travel included in the regular appropriations for fiscal year 1975 shall be exceeded</proviso>.</content> </section> Approved December 27, 1974.
Public Law 93–555: To provide for the establishment of the Cuyahoga Valley National Recreation Area. Public Law 555 88 Stat. 1784 1974-12-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–555
An Act To provide for the establishment of the Cuyahoga Valley National Recreation Area.

December 27, 1974

[H. R. 7077]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Cuyahoga Valley National Recreation Area.

Establishment.
purpose
Section 1. For the purpose of preserving and protecting for public

16 USC 460ff.

 use and enjoyment, the historic, scenic, natural, and recreational values of the Cuyahoga River and the adjacent lands of the Cuyahoga Valley and for the purpose of providing for the maintenance of needed recreational open space necessary to the urban environment, the Cuyahoga Valley National Recreation Area, hereafter referred to as the “recreation area”, shall be established within six months after the date of enactment of this Act. In the management of the recreation area, the Secretary of the Interior (hereafter referred to as the “Secretary”) shall utilize the recreation area resources in a manner which will preserve its scenic, natural, and historic setting while providing for the recreational and educational needs of the visiting public.
land acquisition
Sec. 2. (a) The recreational area shall comprise the lands and

16 USC 460ff–1.

 waters generally depicted on the map entitled “Boundary Map, Cuyahoga Valley National Recreation Area, Ohio”, numbered NRA-88 Stat. 1785CUYA-20,000–A, and dated December 1974, which shall be on file and available for inspection in the offices of the National Park Service, Department of the Interior, Washington, District of Columbia, and in the main public library of Akron, Ohio, and Cleveland, Ohio. After advising the Committees on Interior and Insular Affairs of the United States Congress, in writing, the Secretary may make minor revisions

Publication in Federal Register.

 of the boundaries of the recreation area when necessary by publication of a revised drawing or other boundary description in the Federal Register. (b) Within the boundaries of the recreation area, the Secretary, after consultation with the Governor of the State of Ohio and the Advisory Commission established in section 5 of this Act, may acquire lands, improvements, waters, or interests therein by donation, purchase with donated or appropriated funds, exchange, or transfer. Any lands or interests owned therein, as well as any lands hereafter acquired, by the State of Ohio or any political subdivision thereof (including any park district or other public entity) may be acquired only by donation. The Secretary shall not acquire privately owned lands which are held and used for public recreation uses unless he determines that such lands are essential to carry out the purposes of this Act. Notwithstanding any other provisions of law, any Federal property located within the boundaries of the recreation area may, with the concurrence of the agency having custody thereof, be transferred without transfer of funds to the administrative jurisdiction of the Secretary for the purposes of the recreation area. (c) With respect to improved properties, as defined in this Act,

Scenic easements.

 the Secretary may acquire scenic easements or such other interests as, in his judgment, are necessary for the purposes of the recreation area. Fee title to such improved properties shall not be acquired unless the

Fee title.

 Secretary finds that such lands are being used, or are threatened with uses, which are detrimental to the purposes of the recreation area, or unless such acquisition is necessary to fulfill the purposes of this Act. (d) When any tract of land is only partly within the boundaries of the recreation area, the Secretary may acquire all or any portion of the land outside of such boundaries in order to minimize the payment of severance costs. Land so acquired outside of the boundaries may be exchanged by the Secretary for non-Federal lands within the boundaries. Any portion of the land acquired outside the boundaries and not utilized for exchange shall be reported to the General Services Administration for disposal under the Federal Property and Administrative Services Act of 1949, as amended: Provided, That no disposal

40 USC 471 note.

 shall be for less than the fair market value of the lands involved. (e) For the purposes of this Act, the term “improved property”

“Improved property.”

 means: (i) a detached single family dwelling, the construction of which was begun before January 1, 1975 (hereafter referred to as “dwelling”), together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the88 Stat. 1786 enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures necessary to the dwelling which are situated on the land so designated, or (ii) property developed for agricultural uses, together with any structures accessory thereto which were so used on or before January 1, 1975. In determining when and to what extent a property is to be considered an “improved property”, the Secretary shall take into consideration the manner of use of such buildings and lands prior to January 1, 1975, and shall designate such lands as are reasonably necessary for the continued enjoyment of the property in the same manner and to the same extent as existed prior to such date. (f) The owner of an improved property, as defined in this Act, on

Retention rights.

 the date of its acquisition, as a condition of such acquisition, may retain for himself, his heirs and assigns, a right of use and occupancy of the improved property for noncommercial residential or agricultural purposes, as the case may be, for a definite term of not more than twenty-five years, or, in lieu thereof, for a term ending at the death of the owner or the death of his spouse, whichever is later. The owner shall elect the term to be reserved. Unless the property is wholly or partially donated, the Secretary shall pay to the owner the fair market value of the property on the date of its acquisition, less the fair market value on that date of the right retained by the owner. A right retained by the owner pursuant to this section shall be subject to termination by the Secretary upon his determination that it is being exercised in a manner inconsistent with the purposes of this Act, and it shall terminate by operation of law upon notification by the Secretary to the holder of the right of such determination and tendering to him the amount equal to the fair market value of that portion which remains unexpired. (g) In exercising his authority to acquire property under this Act, the Secretary shall give prompt and careful consideration to any offer made by an individual owning property within the recreation area to sell such property, if such individual notifies the Secretary that the continued ownership of such property is causing, or would result in, undue hardship.
Sec. 3. (a) Within one year after the date of the enactment of this

Plan, submittal to congressional committees.

16 USC 460ff–2.

 Act, the Secretary shall submit, in writing, to the Committees on Interior and Insular Affairs and to the Committees on Appropriations of the United States Congress a detailed plan which shall indicate: (i) the lands and areas which he deems essential to the protection and public enjoyment of this recreation area, (ii) the lands which he has previously acquired by purchase, donation, exchange, or transfer for the purpose of this recreation area, and (iii) the annual acquisition program (including the level of funding) which he recommends for the ensuing five fiscal years, (b) It is the express intent of the Congress that the Secretary should substantially complete the land acquisition program contemplated by this Act within six years after the date of its enactment.
88 Stat. 1787
administration
Sec. 4. (a) The Secretary shall administer the recreation area in

16 USC 460ff–3.

 accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535) as amended and supplemented (16 U.S.C. 1,2–4). In the administration of the recreation area, the Secretary may utilize such statutory authority available to him for the conservation and management of wildlife and natural resources as he deems appropriate to carry out the purposes of this Act. (b) The Secretary may enter into cooperative agreements with the

Cooperative agreements.

 State of Ohio, or any political subdivision thereof, for the rendering, on a reimbursable basis, of rescue, firefighting, and law enforcement services and cooperative assistance by nearby law enforcement and fire preventive agencies. (c) The authority of the Secretary of the Army to undertake or

Water resource development.

 contribute to water resource development, including erosion control and flood control, on land or waters within the recreation area shall be exercised in accordance with plans which are mutually acceptable to the Secretary of the Interior and the Secretary of the Army and which are consistent with both the purposes of this Act and the purposes of existing statutes dealing with water and related land resource development. (d) The Secretary, in consultation with the Governor of the State of Ohio, shall inventory and evaluate all sites and structures within the recreation area having present and potential historical, cultural, or architectural significance and shall provide for appropriate programs for the preservation, restoration, interpretation, and utilization of them. (e) Notwithstanding any other provision of law, the Secretary is authorized to accept donations of funds, property, or services from individuals, foundations, corporations, or public entities for the purpose of providing services and facilities which he deems consistent with the purposes of this Act. (f) The Secretary may, on his own initiative, or at the request of any

Zoning laws or ordinances.

 local government having jurisdiction over land located within or adjacent to the recreation area, assist and consult with the appropriate officers and employees of such local government in establishing zoning laws or ordinances which will assist in achieving the purposes of this Act. In providing assistance pursuant to this subsection, the Secretary shall endeavor to obtain provisions in such zoning laws or ordinances which— (1) have the effect of prohibiting the commercial and industrial use (other than a use for commercial farms and orchards) of all real property adjacent to the recreation area; (2) aid in preserving the character of the recreation area by appropriate restrictions on the use of real property in the vicinity including, but not limited to, restrictions upon: building and construction of all types; signs and billboards; the burning of cover; cutting of timber (except tracts managed for sustained yield); removal of topsoil, sand, or gravel; dumping, storage, or piling of refuse; or any other use which would detract from the aesthetic character of the recreation area; and 88 Stat. 1788 (3) have the effect of providing that the Secretary shall receive notice of any hearing for the purpose of granting a variance

Notice, hearing.

 and any variance granted under, and of any exception made to, the application of such law or ordinance.
advisory commission
Sec. 5. (a) There is hereby established the Cuyahoga Valley

Establishment.

16 USC 460ff–4.

 National Recreation Area Advisory Commission (hereafter referred to as the “Commission”) which shall be composed of thirteen members to be appointed by the Secretary for terms of five years as follows: (1) two members to be appointed from recommendations submitted by the Board of Park Commissioners of the Akron Metropolitan Park District; (2) two members to be appointed from recommendations submitted by the Board of Park Commissioners of the Cleveland Metropolitan Park District; (3) two members to be appointed from recommendations submitted by the Governor of the State; (4) one from the membership of an Ohio conservation organization; (5) one from the membership of an Ohio historical society; and (6) five members representing the general public, of which no fewer than three shall be from among the permanent residents and electors of Summit and Cuyahoga Counties. The Secretary shall designate one member of the Commission as Chairman and any vacancy shall be filled in the same manner in which the original appointment was made. (b) Members of the Commission shall serve without compensation as such, but the Secretary may pay expenses reasonably incurred by the Commission and reimburse members for reasonable expenses incurred in carrying out their responsibilities under this Act on vouchers signed by the Chairman. (c) The Secretary, or his designee, shall from time to time but at least semiannually, meet and consult with the Advisory Commission on matters relating to the development of the recreation area and with respect to carrying out the provisions of this Act. (d) Unless extended by the Congress, the Commission shall terminate

Termination date.

 ten years after the date of the establishment of the recreation area.
Sec. 6. (a) There are hereby authorized to be appropriated such

Appropriation.

16 USC 460ff–5.

 sums as may be necessary to carry out the purposes of this Act, but not more than $34,500,000 for the acquisition of lands and interests in lands. (b) For the development of essential public facilities there are

Master plan, submittal to congressional committees.

 authorized to be appropriated not more than $500,000. Within one year from the date of establishment of the recreation area pursuant to this Act, the Secretary shall, after consulting with the Governor of the State of Ohio, develop and transmit to the Committees on Interior and Insular Affairs of the United States Congress a final master plan for the development of the recreation area consistent with the objectives of this Act, indicating: (1) the facilities needed to accommodate the health, safety, and recreation needs of the visiting public; (2) the location and estimated cost of all facilities; and (3) the projected need for any additional facilities within the area.
Approved December 27, 1974.
Public Law 93–556: To establish a Commission on Federal Paperwork. Public Law 556 88 Stat. 1789 1974-12-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 1789 Public Law 93–556
An Act To establish a Commission on Federal Paperwork.

December 27, 1974

[H.R. 16424]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Commission on Federal Paperwork.

Establishment.
declaration of purpose
Section 1. (a) The Congress hereby finds that Federal information

44 USC 3501 note.

 reporting requirements have placed an unprecedented paperwork burden upon private citizens, recipients of Federal assistance, businesses, governmental contractors, and State and local governments. (b) The Congress hereby affirms that it is the policy of the Federal Government to minimize the information reporting burden, consistent with its needs for information to set policy and operate its lawful programs. (c) The Congress hereby determines that a renewed effort is required to assure that this policy is fully implemented and that it is necessary to reexamine the policies and procedures of the Federal Government which have an impact on the paperwork burden for the purpose of ascertaining what changes are necessary and desirable in its information policies and practices.
establishment of the commission
Sec. 2. To accomplish the purpose set forth in the first section of this

44 USC 3501 note.

 Act, there is hereby established a Commission on Federal Paperwork (hereinafter referred to as the “Commission”).
functions of the commission
Sec. 3. (a) The Commission shall study and investigate statutes,

44 USC 3501 note.

 policies, rules, regulations, procedures, and practices of the Federal Government relating to information gathering, processing, and dissemination, and the management and control of these information activities. The Commission shall consider— (1) the nature and extent of current Federal requirements for information from other public and private entities; (2) the effect of existing statutes on the information requirements of the Federal Government and authorities of existing Federal agencies to collect information; (3) the nature and extent of management and control over the determination of Federal information needs and the choice of information gathering, processing, and dissemination methods; (4) the nature and extent to which Federal agencies cooperate with State and local governments and private agencies in collecting, processing, and disseminating information; (5) the procedures used and the extent to which considerations of economy and efficiency impact upon Federal information activities, particularly as these matters relate to costs burdening the Federal Government and providers of information; (6) the ways in which policies and practices relating to the maintenance of confidentiality of information impact upon Federal information activities; and (7) such other matters as the Commission may decide affect Federal reporting requirements, (b) The Commission shall ascertain what changes are possible and desirable in existing statutes, policies, rules, regulations, procedures, and practices relating to Federal information activities in order to— 88 Stat. 1790 (1) assure that necessary information is made available to Federal officials and those acting on behalf of Federal officials; (2) minimize the burden imposed by Federal reporting requirements on private citizens, recipients of Federal assistance, businesses, governmental contractors, and State and local governments; (3) guarantee appropriate standards of confidentiality for information held by private citizens or the Federal Government, and the release thereof; (4) provide that information held by the Federal Government is processed and disseminated to maximize its usefulness to all Federal agencies and the public; (5) reduce the duplication of information collected by the Federal Government and by State and local governments and other collectors of information; and (6) reduce the costs of Federal paperwork. (c) The Commission shall make a final report to the Congress and

Final report to Congress and President.

 the President within two years of the date of the first meeting of the Commission. The final report shall contain a review of its findings and its recommendations for changes in statutes, policies, rules, regulations, procedures and practices. In the event Congress is not in session at the end of such two-year period, the final report shall be submitted to the Clerk of the House and the Secretary of the Senate. The Commission may make such interim reports and recommendations

Interim reports and recommendations.

 as it deems advisable. (d) Upon submission of the Commission’s final report, the Office of Management and Budget, in coordination with the executive agencies, shall take action to (1) formulate the views of the executive agencies on the recommendations of the Commission; (2) to the extent practicable within the limits of their authority and resources, carry out recommendations of the Commission in which they concur; and (3) propose legislation needed to carry out or to provide authority to carry out other recommendations of the Commission in which they concur. At least once every six months, the Office of Management and

Report to Congress and President.

 Budget shall report to the Congress and the President on the status of action taken or to be taken as provided herein. A final report shall be submitted within two years.
membership of the commission
Sec. 4. (a) The Commission shall be composed of fourteen members,

44 USC 3501 note.

 as follows: (1) two Members of the Senate (who shall not be members of the same political party) appointed by the President of the Senate; (2) two Members of the House of Representatives (who shall not be members of the same political party) appointed by the Speaker of the House of Representatives; (3) the Director of the Office of Management and Budget and one other official or employee of the executive branch of the Federal Government appointed by the President of the United States; (4) the Comptroller General of the United States; (5) two from among officials of State and local governments (who shall not be members of the same political party) appointed by the President of the United States; and (6) five from among persons in the private sector, including small business, labor, and other interested groups (no more than three of whom shall be of the same political party), appointed by the President of the United States. 88 Stat. 1791 (b) The Commission shall select a Chairman and a Vice Chairman from among its members. (c) Seven members of the Commission shall constitute a quorum. (d) Any vacancies in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.
compensation of members of the commission
Sec. 5. (a) Except as provided in subsection (b), members of the

44 USC 3501 note.

 Commission shall each receive as compensation the daily equivalent of the annual rate of basic pay in effect for grade GS–18 for each day

5 USC 5332 note.

 (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (b) Members of the Commission who are Members of Congress or who are full-time officers or employees of the United States shall receive no additional compensation for their service on the Commission. (c) While away from their homes or regular places of business in

Travel expenses.

 the performance of service for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 6 of the United States Code.
powers of the commission
Sec. 6. (a) The Commission, or at its direction, any subcommittee

Hearings.

44 USC 3501 note.

 or member thereof, may, for the purpose of carrying out the provisions of this Act, hold such hearings, sit and act at such times and places, take such testimony, receive such evidence and administer such oaths, as the Commission or such subcommittee or member may deem advisable. Such attendance of witnesses and the production of such evidence may be required from any place within the United States at any designated place of hearing within the United States. Any member of the Commission may administer oaths or affirmations to witnesses appearing before the Commission or before such subcommittee or member. (b) (1) The Commission may require by subpenas the attendance

Subpena power.

 and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers and documents as the Commission may deem advisable. Subpenas may be issued under the signature of the Chairman or Vice Chairman and may be served by any person designated by the Chairman or Vice Chairman. The subpenas of the Commission shall be served in a manner provided for subpenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts.

28 USC app.

 (2) If a person issued a subpena under paragraph (1) is guilty of

Enforcement and punishment.

 contumacy or refuses to obey such subpena, any district court of the United States within the judicial district within which the hearing is conducted or within the judicial district within which such person is found or resides or transacts business may, upon application made by the Attorney General of the United States, order such person to appear before the Commission or a subcommittee or member thereof, to produce evidence or to give testimony touching the matter under inquiry. Any failure of any such person to obey any such order of the court may be punished by such court as a contempt thereof. (3) Notwithstanding paragraphs (1) and (2), a person shall be

Exceptions.

 excused from testifying or from producing such books, records, correspondence, memoranda, papers or documents or other evidence in obedience to a subpena if such person states in writing to the court ordering his attendance and testimony that the required testimony or88 Stat. 1792 evidence may tend to incriminate him or subject him to a criminal penalty. (c) The Commission may appoint and fix the compensation of such

Compensation.

 personnel as it deems advisable without regard to the provisions of title 5, United States Code, governing appointments in the competitive

5 USC 101 et seq.

 service, and such personnel may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 5S of such title

5 USC 5101, 5331.

 relating to classification and General Schedule pay rates, but at a rate not to exceed the maximum rate authorized by the General Schedule. In addition, the Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for the maximum rate authorized by the General Schedule. (d) The Commission is authorized to negotiate and enter into contracts

Contract authority.

 with private organizations and educational institutions to carry out such studies and prepare such reports as the Commission determines are necessary in order to carry out its duties.
cooperation with federal agencies
Sec. 7. (a) Each department, agency, and instrumentality of the

44 USC 3501 note.

 Federal Government is authorized and directed to furnish to the Commission, upon request made by the Chairman, such data, reports, and other information not otherwise prohibited by law as the Commission deems necessary to carry out its functions under this Act. (b) The head of each department or agency of the Federal Government is authorized to provide to the Commission such services as the Commission requests on such basis, reimbursable or otherwise, as may be agreed between the department or agency and the Chairman or Vice Chairman of the Commission. All such requests shall be made by the Chairman or Vice Chairman of the Commission.
termination of the commission
Sec. 8. One hundred and twenty days after the submission of the final

44 USC 3501 note.

 report provided for in section 3 of this Act, the Commission shall cease to exist.
authorization of appropriations
Sec. 9. There are hereby authorized to be appropriated to the Commission

44 USC 3501 note.

 such sums as may be necessary to carry out the provisions of this Act.
Approved December 27, 1974.
Public Law 93–557: To amend the Act incorporating the American Legion so as to redefine eligibility for membership therein. Public Law 557 88 Stat. 1792 1974-12-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–557
An Act To amend the Act incorporating the American Legion so as to redefine eligibility for membership therein.

December 27, 1974

[S. 4013]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 5 of

American Legion.

Membership eligibility.

 the Act entitled “An Act to incorporate the American Legion”, approved September 16, 1919 (41 Stat. 285; 36 U.S.C. 45), is hereby amended to read as follows:
“Sec. 5. No person shall be a member of this corporation unless he has served in the naval or military services of the United States at some time during any of the following periods: April 6, 1917, to88 Stat. 1793 November 11, 1918; December 7, 1941, to December 31, 1946; June 25, 1950, to January 31, 1955; August 5, 1964, to August 15, 1973; all dates inclusive, or who, being a citizen of the United States at the time of entry therein, served in the military or naval service of any of the governments associated with the United States during said wars or hostilities: Provided, however, That such person shall have an honorable discharge or separation from such service or continues to serve honorably after any of the aforesaid terminal dates.”.
Approved December 27, 1974.
Public Law 93–558: To amend title 10, United States Code, to provide that commissioned officers of the Army in regular grades below major may be involuntarily discharged whenever there is a reduction in force. Public Law 558 88 Stat. 1793 1974-12-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–558
An Act To amend title 10, United States Code, to provide that commissioned officers of the Army in regular grades below major may be involuntarily discharged whenever there is a reduction in force.

December 30, 1974

[S. 3191]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That chapter 361 of

Armed Forces.

Certain commissioned officers, involuntary discharge.

 title 10, United States Code, is amended by inserting the following new section after section 3814, and inserting a corresponding new item in the chapter analysis:
Ҥ3814a. Regular commissioned officers; second lieutenants, first lieutenants, and captains; discharge during a reduction in force

10 USC 3814a.

 “(a) Under regulations prescribed by the Secretary of the Army, whenever he determines that a reduction in the active duty officer personnel strength of the Army is required, he is authorized to remove from the active list of the Regular Army any commissioned officer below the grade of major, if such officer is recommended for removal from the active list by a board of officers appointed by the Secretary of the Army, or his designee, for the purpose of recommending the removal of officers from the active list. “(b) Any officer selected for removal from the active list of the Regular Army under subsection (a) shall— “(1) if he is eligible, and so requests, be retired under section 3911 of this title on the date requested by him and approved by the Secretary, but not later than ninety days after such officer receives notification that he is to be removed from the active list of the Regular Army; “(2) if he is not eligible for retirement under section 3911 of this title, but is eligible for retirement under any other provision

10 USC 3911.

 of law, be retired under that law on the date requested by him and approved by the Secretary, but not later than ninety days after the date such officer receives notification that he is to be removed from the active list of the Regular Army; or “(3) if he is not eligible for retirement under section 3911 of this title or any other provision of law, or does not request retirement under section 3911 of this title or under any other provision of law if he is eligible, be honorably discharged on the date requested by him and approved by the Secretary, but not later than ninety days after the date such officer receives notification that he is to be removed from the active list of the Regular Army, and be granted a readjustment payment as provided in subsection (c) of this section. 88 Stat. 1794 “(c) (1) Any officer discharged under subsection (b)(3) and who

Readjustment pay.

 has completed, immediately before his discharge, at least five years of continuous active duty is entitled to a readjustment payment computed by multiplying his years of active service, but not more than eighteen, by two months’ basic pay of the grade in which he is serving

Limitation.

 on the date of his discharge. Such an officer may not be paid more than two years’ basic pay of the grade in which he is serving at the time of his discharge or $15,000, whichever amount is the lesser. “(2) For the purpose of computing the amount of a readjustment payment under subsection (b) (3), a part of a year that is six months or more is counted as a whole year, and a part of a year that is less than six months is disregarded. “(d) If any officer who received a readjustment payment under

Twenty-year service retirement pay, deduction.

14 USC 1 et seq.

 this section qualifies for retired pay under any provision of this title or title 14 that authorizes his retirement upon completion of twenty years of active service, an amount equal to 75 per centum of that payment, without interest, shall be deducted immediately from his retired pay, “(e) This section does not apply to any officer who is required to

Nonapplicability.

 be discharged or retired for failure of promotion to the grade of first lieutenant, captain, or major under section 3298 or 3303, as appropriate, or who is found to be disqualified for promotion under section 3302 of this title. “(f) When, under regulations prescribed by the Secretary, any officer has been recommended for removal from the active list of the Regular Army under chapter 359 or 360 of this title, and that recommendation

10 USC 3781, 3791.

 has been received by headquarters. Department of the Army, or when, under regulations prescribed by the Secretary, any officer has been selected by headquarters, Department of the Army, for discharge under section 3814 of this title, such officer may not be

10 USC 3814.

 considered for removal from the active list under this section. However, any action by any headquarters subordinate to headquarters, Department of the Army, with respect to proceedings for the consideration of any officer for discharge under chapter 359 or 360 or section 3814 of this title shall not prevent consideration for removal of such officer from the active list under this section. Further, the removal of any officer from the active list under this section is not prevented if such officer was previously considered for discharge under chapter 359 or 360 of this title and was recommended for retention under such provision of law or if such officer was recommended for discharge under section 3814 but was not discharged under authority of such section. “(g) Under regulations prescribed by the Secretary, any regular officer who is within two years of becoming eligible for retired pay may not be involuntarily discharged under this section before he becomes eligible for that pay, unless his discharge is approved by the Secretary.”.
Sec. 2. This Act is effective on the date of enactment and expires

Effective date.

10 USC 3814a note.

 three years after that date.
Approved December 30, 1974.
Public Law 93–559: To amend the Foreign Assistance Act of 1961, and for other purposes. Public Law 559 88 Stat. 1795 1974-12-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 1795 Public Law 93–559
An Act To amend the Foreign Assistance Act of 1961, and for other purposes.

December 30, 1974

[S. 3394]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Foreign Assistance Act of 1974.

22 USC 2151 note.

 be cited as the “Foreign Assistance Act of 1974”.
food and nutrition
Sec. 2. Section 103 of the Foreign Assistance Act of 1961 is

22 USC 2151a.

 amended— (1) by inserting the subsection designation “(a)” immediately before “In” ; (2) by striking out “$291,000,000 for each of the fiscal years 1974 and 1975” and inserting in lieu thereof “$291,000,000 for the fiscal year 1974, and $500,000,000 for the fiscal year 1975”; and (3) by adding at the end thereof the following: “(b) The Congress finds that, due to rising world food, fertilizer, and petroleum costs, human suffering and deprivation are growing in the poorest and most slowly developing countries. The greatest potential for significantly expanding world food production at relatively low cost lies in increasing the productivity of small farmers who constitute a majority of the nearly one billion people living in those countries. Increasing the emphasis on rural development and expanded food production in the poorest nations of the developing world is a matter of social justice as well as an important factor in slowing the rate of inflation in the industrialized countries. In the allocation of funds under this section, special attention should be given to increasing agricultural production in the countries with per capita incomes under $300 a year and which are the most severely affected by sharp increases in worldwide commodity prices.”
ceiling on fertilizers to south vietnam
Sec. 3. (a) None of the moneys made available under the Foreign

22 USC 2175a.

 Assistance Act of 1961 or the Foreign Assistance Act of 1974 may be used, beginning on the date of enactment of this section, during fiscal

22 USC 2151 note.

Supra.

 year 1975 to procure agricultural fertilizers for, or to provide such fertilizers to, South Vietnam. (b) During each fiscal year after fiscal year 1975, of the total amount obligated or expended for such fiscal year under the Foreign Assistance Act of 1961 to procure agricultural fertilizers for, or to provide such fertilizers to, foreign countries, not more than one-third of such amount may be obligated or expended to procure such fertilizers for, or provide such fertilizers to, South Vietnam.
population planning
Sec. 4. The Foreign Assistance Act of 1961 is amended as follows: (1) In section 104, strike out “$145,000,000 for each of the fiscal

22 USC 2151b.

 years 1974 and 1975” and insert in lieu thereof “$145,000,000 for the fiscal year 1974, and $165,000,000 for the fiscal year 1975”. (2) In section 292, strike out “$130,000,000” and insert in lieu

22 USC 2219a.

 thereof “$150,000,000”.
88 Stat. 1796
education and human resources development
Sec. 5. Section 105 of the Foreign Assistance Act of 1961 is amended

22 USC 2151c.

 by striking out “$90,000,000 for each of the fiscal years 1974 and 1975” and inserting in lieu thereof “$90,000,000 for the fiscal year 1974, and $92,000,000 for the fiscal year 1975”.
disposition of loan receipts
Sec. 6. Section 203 of the Foreign Assistance Act of 1961 is amended

22 USC 2163.

 by adding at the end thereof the following:

“On and after July 1, 1975, none of the dollar receipts paid during any fiscal year from loans made pursuant to this part or from loans made under predecessor foreign assistance legislation are authorized to be made available during any fiscal year for use for purposes of making loans under chapter 1 of this part. All such receipts shall be

22 USC 2151.

deposited in the Treasury as miscellaneous receipts.”
housing guaranties
Sec. 7. The Foreign Assistance Act of 1961 is amended as follows: (1) In section 221, strike out “$305,000,000” and insert in lieu

22 USC 2181.

 thereof “$355,000,000”. (2) In section 223(i), strike out “June 30, 1975” and insert in

22 USC 2183.

 lieu thereof “June 30, 1976”.
agricultural credit programs
Sec. 8. (a) Title III of chapter 2 of part I of the Foreign Assistance Act of 1961 is amended— (1) by striking out the title heading and inserting in lieu thereof the following: <num value="III">“TITLE III—</num> <heading class="inline">HOUSING AND OTHER CREDIT GUARANTY PROGRAMS”;</heading> (2) by inserting immediately after section 222 the following new section:
“Sec. 222A. Agricultural and Productive Credit and Self-Help

22 USC 2182a.

 Community Development Programs.—(a) I t is the sense of the Congress that in order to stimulate the participation of the private sector in the economic development of less-developed countries in Latin America, the authority conferred by this section should be used to establish pilot programs in not more than five Latin American countries to encourage private banks, credit institutions, similar private lending organizations, cooperatives, and private nonprofit development organizations to make loans on reasonable terms to organized groups and individuals residing in a community for the purpose of enabling such groups and individuals to carry out agricultural credit and self-help community development projects for which they are unable to obtain financial assistance on reasonable terms. Agricultural credit and assistance for self-help community development projects should include, but not be limited to, material and such projects as wells, pumps, farm machinery, improved seed, fertilizer, pesticides, vocational training, food industry development, nutrition projects, improved breeding stock for farm animals, sanitation facilities, and looms and other handicraft aids. “(b) To carry out the purposes of subsection (a), the agency primarily

Guaranties.

22 USC 2151.

 responsible for administering part I is authorized to issue guar-88 Stat. 1797anties, on such terms and conditions as it shall determine, to private lending institutions, cooperatives, and private nonprofit development organizations in not more than five Latin American countries assuring against loss of not to exceed 50 per centum of the portfolio of such loans made by any lender to organized groups or individuals residing in a community to enable such groups or individuals to carry out agricultural credit and self-help community development projects for which they are unable to obtain financial assistance on reasonable terms. In no event shall the liability of the United States exceed 75 per centum of any one loan. “(c) The total face amount of guaranties issued under this section

Limitation.

 outstanding at any one time shall not exceed $15,000,000. Not more than 10 per centum of such sum shall be provided for any one institution, cooperative, or organization. “(d) The Inter-American Foundation shall be consulted in developing criteria for making loans eligible for guaranty coverage in Latin America under this section. “(e) Not to exceed $3,000,000 of the guaranty reserve established under section 223(b) shall be available to make such payments as may

22 USC 2183.

 be necessary to discharge liabilities under guaranties issued under this section or any guaranties previously issued under section 240 of this Act.

22 USC 2200.

 “(f) Funds held by the Overseas Private Investment Corporation pursuant to section 236 may be available for meeting necessary administrative

22 USC 2196.

 and operating expenses for carrying out the provisions of this section through June 30, 1976. “(g) The Overseas Private Investment Corporation shall, upon

Transfer of obligations and assets.

 enactment of this subsection, transfer to the agency primarily responsible for administering part I all obligations, assets, and related rights and responsibilities arising out of, or related to the predecessor program provided for in section 240 of this Act. “(h) The authority of this section shall continue until December 31, 1977.

Termination of authority.

 “(i) Notwithstanding the limitation in subsection (c) of this section,

Excess foreign currency, use.

 foreign currencies owned by the United States and determined by the Secretary of the Treasury to be excess to the needs of the United States may be utilized to carry out the purposes of this section, including the discharge of liabilities under this subsection. The authority conferred by this subsection shall be in addition to authority conferred by any other provision of law to implement guaranty programs utilizing excess local currency. “(j) The President shall, on or before January 15, 1976, make a

Report to Congress.

 detailed report to the Congress on the results of the program established under this section, together with such recommendations as he may deem appropriate.”:
(3) by striking out “section 221 or section 222” in section 223

22 USC 2183.

 (a) and inserting “section 221, 222, or 222A” in lieu thereof; (4) by striking out “this title” in section 223(b) and inserting “section 221 and section 222” in lieu thereof; and (5) by striking out “section 221 or section 222” in section 223 (d) and inserting “section 221, 222, 222A, or previously under section 240 of this Act” in lieu thereof. (b) Title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 is amended by striking out section 240.

22 USC 2200.
88 Stat. 1798
international organizations and programs
Sec. 9. (a) Section 302 of the Foreign Assistance Act of 1961 is

22 USC 2222.

 amended— (1) by striking out “for the fiscal year 1975, $150,000,000” in subsection (a) and inserting in lieu thereof “for the fiscal year 1975, $165,000,000”; and (2) by adding at the end thereof the following new subsections: “(g) Of the funds made available to carry out this chapter for fiscal

International Atomic Energy Agency.

 year 1975, in addition to any other such funds to be made available for contributions to the International Atomic Energy Agency, not less than $500,000 shall be made available to such Agency as technical assistance in kind. However, a reasonable amount of funds authorized under this section shall be made available in fiscal year 1975 to strengthen international procedures which are designed to prevent the unauthorized dissemination or use of nuclear materials. The President

Report to Congress.

 shall report to the Congress not later than July 1, 1975, concerning actions taken by the United States to strengthen the procedures described under the preceding sentence. “(h) Congress directs that no funds should be obligated or

United Nations Educational, Scientific, and Cultural Organization.

 expended, directly or indirectly, to support the United Nations Educational, Scientific, and Cultural Organization until the President certifies to the Congress that such Organization (1) has adopted policies which are fully consistent with its educational, scientific, and cultural objectives, and (2) has taken concrete steps to correct its recent actions of a primarily political character.”
military assistance authorizations
Sec. 10. Section 504(a) of the Foreign Assistance Act of 1961 is

22 USC 2312.

 amended— (1) by striking out “$512,500,000 for the fiscal year 1974” and inserting in lieu thereof “$600,000,000 for the fiscal year 1975”; and (2) by striking out “(other than training in the United States)” and inserting in lieu thereof “(other than (1) training in the United States, or (2) for Western Hemisphere countries, training in the United States or in the Canal Zone)”.
special authority
Sec. 11. Section 506(a) of the Foreign Assistance Act of 1961 is

22 USC 2318.

 amended— (1) by striking out “the fiscal year 1974” in each place it appears and inserting in lieu thereof “the fiscal year 1975” in each such place; and (2) by striking out “$250,000,000” and inserting in lieu thereof “$150,000,000”.
military assistance authorizations for south vietnam
Sec. 12. Section 513 of the Foreign Assistance Act of 1961 is

22 USC 2321f.

 amended as follows: (1) Strike out “Thailand and Laos” in the caption and insert in lieu thereof “Thailand and Laos, and South Vietnam”. (2) At the end thereof add the following new subsection: “(c) After June 30, 1976, no military assistance shall be furnished by the United States to South Vietnam directly or through any other foreign country unless that assistance is authorized under this Act or the Foreign Military Sales Act.”

22 USC 2751 note.
88 Stat. 1799
excess defense articles
Sec. 13. (a) Section 8 of the Act entitled “An Act to amend the Foreign Military Sales Act, and for other purposes”, approved January 12, 1971 (22 U.S.C. 2321b), is amended— (1) by striking out “$150,000,000” in subsection (b) and inserting “$100,000,000” in lieu thereof; and (2) by inserting immediately before the period in subsection (c) the following: “; except that for any excess defense article such term shall not include a value for any such article which is less than 33⅓ percent of the amount the United States paid for such article when the United States acquired it”.
excess defense article value in annual report
Sec. 14. Section 634(d) of the Foreign Assistance Act of 1961 is

22 USC 2394.

 amended by striking out “including economic assistance and military grants and sales” and inserting in lieu thereof the following: “including economic assistance, military grants (and including for any such grant of any excess defense article, the value of such article expressed in terms of its acquisition cost to the United States), and military sales”.
stockpiling of defense articles for foreign countries
Sec. 15. Chapter 2 of part II of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section:
“Sec. 514. Stockpiling of Defense Articles for Foreign Countries.—

22 USC 2321h.

 (a) Notwithstanding any other provision of law, no funds, other than funds made available under this chapter or section 401(a) of Public Law 89–367 (80 Stat. 37), or any subsequent corresponding legislation, may be obligated for the purpose of stockpiling any defense article or war reserve material, including the acquisition, storage, or maintenance of any war reserve equipment, secondary items, or munitions, if such article or material is set aside, reserved, or in any way earmarked or intended for future use by any foreign country under this Act or such section. “(b) The cost of any such article or material set aside, reserved, or in any way earmarked or intended by the Department of Defense for future use by, for, or on behalf of the country referred to in section 401 (a) (1) of Public Law 89–367 (80 Stat. 37) shall be charged against the limitation specified in such section or any subsequent corresponding legislation, for the fiscal year in which such article or material is set aside, reserved, or otherwise earmarked or intended; and the cost of any such article or material set aside, reserved or in any way earmarked or intended for future use by, for, or on behalf of any other foreign country shall be charged against funds authorized under this chapter for the fiscal year in which such article or material is set aside, reserved, or otherwise earmarked. No such article or material may be made available to or for use by any foreign country unless such article or material has been charged against the limitation specified in such section, or any subsequent corresponding legislation, or against funds authorized under this chapter, as appropriate.”
military assistance advisory groups and missions
Sec. 16. Chapter 2 of part II of the Foreign Assistance Act of 1961 is further amended by adding at the end thereof the following new section: 88 Stat. 1800
“Sec. 515. Military Assistance Advisory Groups and Missions.—

22 USC 23211.

 Effective July 1, 1976, an amount equal to each sum expended under any provision of law, other than section 504 of this Act, with respect to

22 USC 2312.

 any military assistance advisory group, military mission, or other organization of the United States performing activities similar to such group or mission, shall be deducted from the funds made available under such section 504, and (1) if reimbursement of such amount is requested by the agency of the United States Government making the expenditure, reimbursed to that agency, or (2) if no such reimbursement is requested, deposited in the Treasury as miscellaneous receipts.”
review of military assistance program
Sec. 17. (a) It is the sense of Congress that the policies and purposes

22 USC 2311 note.

 of the military assistance program conducted under chapter 2 of part II of the Foreign Assistance Act of 1961 should be reexamined in light

22 USC 2311.

 of changes in world conditions and the economic position of the United States in relation to countries receiving such assistance; and that the program, except for military education and training activities, should be reduced and terminated as rapidly as feasible consistent with the security and foreign policy requirements of the United States. (b) In order to give effect to the sense of Congress expressed in sub-

Reduction and elimination plan, submittal to Congress.

 section (a) , the President is directed to submit to the first session of the 94th Congress a detailed plan for the reduction and eventual elimination of the present military assistance program.
security supporting assistance
Sec. 18. Section 532 of the Foreign Assistance Act of 1961 is amended

22 USC 2346a.

 by striking out “for the fiscal year 1974 not to exceed $125,000,000, of which not less than $50,000,000 shall be available solely for Israel” and inserting in lieu thereof “for the fiscal year 1975 not to exceed $660,000,000”.
transfer between accounts
Sec. 19. (a) Section 610 of the Foreign Assistance Act of 1961 is

22 USC 2360.

 amended as follows: (1) In subsection (a), immediately after “any other provision of this Act”, insert “(except funds made available under chapter 2 of part II of this Act)”. (2) Add at the end thereof the following new subsection: “(c) Any funds which the President has notified Congress pursuant to section 653 that he intends to provide in military assistance to any

Post, p. 1801.

 country may be transferred to, and consolidated with, any other funds he has notified Congress pursuant to such section that he intends to provide to that country for development assistance purposes.” (b) Section 614 of such Act is amended by adding at the end of subsection

22 USC 2364.

 (a) the following: “The authority of this section shall not be used to waive the limitations on transfers contained in section 610(a) of this Act.”.

Supra.
limitation on use of funds
Sec. 20. Chapter 1 of part I of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section:
“Sec. 115. Prohibiting Use of Funds for Certain Countries.—(a)

22 USC 2151m.

 None of the funds made available to carry out this chapter may be used in any fiscal year for any country to which assistance is furnished in such fiscal year under chapter 4 of part II (security supporting88 Stat. 1801 assistance), part V (assistance for relief and reconstruction of South

22 USC 2346, 2431.

Post, p. 1812

Post, p. 1807.

 Vietnam, Cambodia, and Laos), part VI (assistance for Middle East peace) of this Act, or section 36 of the Foreign Assistance Act of 1974. “(b) The prohibition contained in subsection (a) may not be waived under section 614(a) of this Act or under any other provision of law.

22 USC 2364.

 “(c) This section shall not apply to funds made available under section 104 for purposes of title X of chapter 2 of this part (programs

Ante, p. 1795.

22 USC 2219.

 relating to population growth), funds made available for humanitarian assistance through international organizations, and funds obligated for regional programs.”
change in allocation of foreign assistance
Sec. 21. Section 653 of the Foreign Assistance Act of 1961 is

22 USC 2413.

 amended— (1) by striking out all after the period at the end of the first sentence of subsection (a); and (2) by redesignating subsection (b) as subsection (c) and by inserting immediately after subsection (a) the following new subsection: “(b) Notwithstanding any other provision of law, no military grant assistance security supporting assistance, assistance under chapter 1 of part I of this Act, or assistance under part V of this Act, may be

22 USC 2151, 2431.

 furnished to any country or international organization in any fiscal year, if such assistance exceeds by 10 percent or more the amount of such military grant assistance, security supporting assistance, assistance under chapter 1 of part I of this Act, or assistance under part V of this Act, as the case may be, set forth in the report required by subsection (a) of this section, unless— “(1) the President reports to the Congress, at least ten days

Report to Congress.

 prior to the date on which such excess funds are provided, the country or organization to be provided the excess funds, the amount and category of the excess funds, and the justification for providing the excess funds; and “(2) in the case of military grant assistance or security supporting assistance, the President includes in the report, under paragraph (1) his determination that it is in the security interest of the United States to provide the excess funds. This subsection shall not apply if the excess funds provided in any fiscal year to any country or international organization for any category of assistance are less than $1,000,000.”
suspension of military assistance to turkey
Sec. 22. Section 620 of the Foreign Assistance Act of 1961 is amended

22 USC 2370.

 by adding at the end thereof the following new subsection: “(x) All military assistance, all sales of defense articles and services (whether for cash or by credit, guaranty, or any other means), and all licenses with respect to the transportation of arms, ammunitions, and implements of war (including technical data relating thereto) to the Government of Turkey, shall be suspended on the date of enactment of this subsection unless and until the President determines and certifies to the Congress that the Government of Turkey is in compliance with the Foreign Assistance Act of 1961, the Foreign

22 USC 2151 note.

22 USC 2751 note.

 Military Sales Act, and any agreement entered into under such Acts, and that substantial progress toward agreement has been made regarding military forces in Cyprus: Provided, That the President is authorized to suspend the provisions of this section and such Acts if he88 Stat. 1802 determines that such suspension will further negotiations for a peaceful solution of the Cyprus conflict. Any such suspension shall be effective only until February 5, 1975, and only if, during that time, Turkey shall observe the ceasefire and shall neither increase its forces on Cyprus nor transfer to Cyprus any United States supplied implements of war.”
prohibitions on aid to nations trading with north vietnam
Sec. 23. Section 620 of the Foreign Assistance Act of 1961 is

22 USC 2370.

 amended by inserting before the period in subsection (n) the following: “, unless the President determines that such loans, credits, guaranties, grants, other assistance, or sales are in the national interest of the United States”.
assistance to greece
Sec. 24. Section 620(v) of the Foreign Assistance Act of 1961 is

Repeal.

 repealed.
limitation upon assistance to or for chile
Sec. 25. Notwithstanding any other provision of law, the total

22 USC 2370 note.

 amount of assistance that may be made available for Chile under the Foreign Assistance Act of 1961, and the Foreign Military Sales Act

22 USC 2151 note, 2751 note.

 during fiscal year 1975, may not exceed $25,000,000, none of which may be made available for the purpose of providing military assistance (including security supporting assistance, sales, credit sales, or guaranties or the furnishing by any means of excess defense articles or items from stockpiles of the Department of Defense).
limitation on military assistance and excess defense articles to korea
Sec. 26. (a) The aggregate amount of—

22 USC 2370 note.

 (1) funds obligated or reserved for military assistance, including supply operations, under chapter 2 of part II of the Foreign Assistance Act of 1961;

22 USC 2311.

 (2) the acquisition cost of excess defense articles, if any, ordered under part II of the Foreign Assistance Act of 1961 and

22 USC 2301.

 not charged against appropriations for military assistance; (3) credits, including participations in credits, extended pursuant to section 23 of the Foreign Military Sales Act; and

22 USC 2763.

 (4) the principal amount of loans guaranteed pursuant to section 24(a) of the Foreign Military Sales Act;

22 USC 2764.

 with respect to South Korea shall not exceed $145,000,000 for fiscal year 1975 until the President submits a report to the Congress after the date

Report to Congress.

 of enactment of this Act stating that the government of South Korea is making substantial progress in the observance of internationally recognized standards of human rights. (b) After the submission of the report under subsection (a), the aggregate amount described in paragraphs (1), (2), (3), and (4) of such subsection with respect to South Korea shall not exceed $165,000,000 for fiscal year 1975. (c) The provisions of section 506 and section 614 of the Foreign

22 USC 2318, 2364.

 Assistance Act of 1961, or of any other law, may not be used to exceed the limitation under subsection (a) or (b).
limitation on assistance for india
Sec. 27. The total amount of assistance provided under the Foreign

22 USC 2370 note.

 Assistance Act of 1961 and of credit sales made or guaranteed under88 Stat. 1803 the Foreign Military Sales Act for India shall not exceed $50,000,000

22 USC 2751 note.

 in fiscal year 1975.
famine or disaster relief
Sec. 28. (a) Section 639 of the Foreign Assistance Act of 1961,

22 USC 2399.

 dealing with famine or disaster relief, is amended to read as follows:
“Sec. 639. Famine or Disaster Relief.—Notwithstanding any other provision of this or any other Act, the President may provide famine or disaster relief assistance to any foreign country on such terms and conditions as he may determine. For fiscal year 1975 there is authorized

Appropriation.

 to be appropriated not to exceed $40,000,000, to provide such assistance.

Presidential reports to congressional committees and Speaker of the House.

 The President shall submit quarterly reports during such fiscal year to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and to the Speaker of the House of Representatives on the programing and obligation of funds under this section.”
(b) Of the funds appropriated to carry out section 639 of the Foreign Assistance Act of 1961, during fiscal year 1975 not less than $25,000,000 shall be made available to Cyprus for the purposes of

Cyprus, assistance.

22 USC 2399 note.

 such section 639. (c) Section 451 of the Foreign Assistance Act of 1961, dealing with

22 USC 2261.

 the contingency fund, is amended to read as follows:
“Sec. 451. Contingency Fund.— (a) There is authorized to be appropriated to the President for the fiscal year 1975 not to exceed $5,000,000, to provide assistance authorized by this part or by section 639 for any emergency purpose only in accordance with the provisions applicable to the furnishing of such assistance. “(b) The President shall submit quarterly reports to the Committee

Presidential reports to congressional committees and Speaker of the House.

 on Foreign Relations and the Committee on Appropriations of the Senate and the Speaker of the House of Representatives on the programing and obligation of funds under this section. “(c) No part of this fund shall be used to pay for any gifts to

Restriction.

 any officials of any foreign government made heretofore or hereafter.”.
access to certain military bases abroad
Sec. 29. (a) Chapter 3 of part III of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section:
“Sec. 659. Access to Certain Military Bases Abroad.—None of funds

22 USC 2419.

 authorized to be appropriated for foreign assistance (including foreign military sales, credit sales, and guaranties) under this Act may be used to provide any kind of assistance to any foreign country in which a military base is located if— “(1) such base was constructed or is being maintained or operated with funds furnished by the United States; and “(2) personnel of the United States carry out military operations from such base;
unless and until the President has determined that the government of such country has, consistent with security authorized access, on a regular basis, to bona fide news media correspondents of the United States to such military base.” (b) Section 29 of the Foreign Assistance Act of 1973 is repealed.

Repeal.

22 USC 2151 note.
prohibiting police training
Sec. 30. (a) Chapter 3 of part III of the Foreign Assistance Act of 1961, as amended by section 23(a) of this Act, is further amended by adding at the end thereof the following new section: 88 Stat. 1804
“Sec. 660. Prohibiting Police Training.— (a) On and after July 1,

22 USC 2420.

 1975, none of the funds made available to carry out this Act, and none of the local currencies generated under this Act, shall be used to provide training or advice, or provide any financial support, for police, prisons, or other law enforcement forces for any foreign government or any program of internal intelligence or surveillance on behalf of any foreign government within the United States or abroad. “(b) Subsection (a) of this section shall not apply— “(1) with respect to assistance rendered under section 515(c) of the Omnibus Crime Control and Safe Streets Act of 1968, with

42 USC 3763.

 respect to any authority of the Drug Enforcement Administration or the Federal Bureau of Investigation which relates to crimes of the nature which are unlawful under the laws of the United States, or with respect to assistance authorized under section 482 of this Act; or

22 USC 2291a.

 “(2) to any contract entered into prior to the date of enactment of this section with any person, organization, or agency of the United States Government to provide personnel to conduct, or assist in conducting, any such program.

Notwithstanding clause (2), subsection (a) shall apply to any renewal or extension of any contract referred to in such paragraph entered into on or after such date of enactment.”

 (b) Section 112 of the Foreign Assistance Act of 1961 is repealed.

Repeal.

22 USC 2151j.
reimbursable development programs
Sec. 31. The Foreign Assistance Act of 1961 is amended by adding at the end of part III the following new section:
“Sec. 661. Reimbursable Development Programs.—The President

22 USC 2421.

 is authorized to use up to $1,000,000 of the funds made available for the purposes of this Act in each of the fiscal years 1975 and 1976 to work with friendly countries, especially those in which United States development programs have been concluded or those not receiving assistance under part I of this Act, in (1) facilitating open and fair

22 USC 2151.

 access to natural resources of interest to the United States and (2) stimulation of reimbursable aid programs consistent with part I of this Act. Any funds used for purposes of this section may be used notwithstanding any other provision of this Act,”
intelligence activities and exchanges of materials
Sec. 32. The Foreign Assistance Act of 1961 is amended by adding at the end of part III the following new sections:
“Sec. 662. Limitation on Intelligence Activities.— (a) No funds

22 USC 2422.

 appropriated under the authority of this or any other Act may be expended by or on behalf of the Central Intelligence Agency for operations in foreign countries, other than activities intended solely for obtaining necessary intelligence, unless and until the President finds that each such operation is important to the national security of the United States and reports, in a timely fashion, a description

Presidential report to Congress.

 and scope of such operation to the appropriate committees of the Congress, including the Committee on Foreign Relations of the United States Senate and the Committee on Foreign Affairs of the United States House of Representatives. “(b) The provisions of subsection (a) of this section shall not apply during military operations initiated by the United States under a declaration of war approved by the Congress or an exercise of powers by the President under the War Powers Resolution.

50 USC 1541 note.
88 Stat. 1805
“Sec. 663. Exchanges of Certain Materials.— (a) Notwithstanding

22 USC 2423.

 any other provision of law, whenever the President determines it is in the United States national interest, he shall furnish assistance under this Act or shall furnish defense articles or services under the Foreign Military Sales Act pursuant to an agreement with the recipient

22 USC 2751 note.

 of such assistance, articles, or services which provides that such recipient may only obtain such assistance, articles, or services in exchange for any necessary or strategic raw material controlled by such recipient. For the purposes of this section, the term ‘necessary or

“Necessary or strategic raw material.”

 strategic raw material’ includes petroleum, other fossil fuels, metals, minerals, or any other natural substance which the President determines is in short supply in the United States. “(b) The President shall allocate any necessary or strategic raw material transferred to the United States under this section to any appropriate agency of the United States Government for stockpiling, sale, transfer, disposal, or any other purpose authorized by law. “(c) Funds received from any disposal of materials under subsection (b) shall be deposited as miscellaneous receipts in the United States Treasury.”
waiver of prohibition against assistance to countries engaging in certain trade or shipping
Sec. 33. Chapter 3 of part III of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section:
“Sec. 664. Waiver of Prohibition Against Assistance to Countries

22 USC 2424.

 Engaging in Certain Trade,—Any provision of this Act which prohibits assistance to a country because that country is engaging in trade with a designated country, or because that country permits ships or aircraft under its registry to transport any equipment, materials, or commodities to or from such designated country, may be waived by the President if he determines that such waiver is in the national interest and reports such determination to the Congress.”
policy with respect to indochina
Sec. 34. (a) The Congress finds that the cease-fire provided for in

22 USC 2431 note.

 the Paris Agreement on Ending the War and Restoring Peace in Vietnam has not been observed by any of the Vietnamese parties to

24 UST 1.

 the conflict. Military operations of an offensive and defensive nature continue throughout South Vietnam, In Cambodia, the civil war between insurgent forces and the Lon Nol government has intensified, resulting in widespread human suffering and the virtual destruction of the Cambodian economy, (b) The Congress further finds that continuation of the military struggles in South Vietnam and Cambodia are not in the interest of the parties directly engaged in the conflicts, the people of Indochina or world peace. In order to lessen the human suffering in Indochina and to bring about a genuine peace there, the Congress urges and requests the President and the Secretary of State to undertake the following measures: (1) to initiate negotiations with representatives of the Soviet Union and the People’s Republic of China to arrange a mutually agreed-upon and rapid de-escalation of military assistance on the part of the three principal suppliers of arms and material to all Vietnamese and Cambodian parties engaged in conflict; (2) to urge by all available means that the Government of the Khmer Republic enter in negotiations with representatives of the88 Stat. 1806 Khmer Government of National Union for the purpose of arranging an immediate cease-fire and political settlement of the conflict; and to use all available means to establish contact with the Khmer Government of National Union, and to urge them to participate in such negotiations. The United States should urge all Cambodian parties to use the good offices of the United Nations or a respected third country for the purpose of bringing an end to hostilities and reaching a political settlement; (3) to utilize any public or private forum to negotiate directly with representatives of the Democratic Republic of Vietnam, the Provisional Revolutionary Government, and the Republic of Vietnam to seek a new cease-fire in Vietnam and full compliance with the provisions of the Paris Agreement on Ending the War and Restoring Peace in Vietnam, including a full accounting for Americans missing in Indochina; (4) to reconvene the Paris Conference to seek full implementation of the provisions of the Agreement of January 27, 1973, on

24 UST 1.

 the part of all Vietnamese parties to the conflict; and (5) to maintain regular and full consultation with the appropriate

Report to Congress.

 committees of the Congress and report to the Congress and the Nation at regular intervals on the progress toward obtaining a total cessation of hostilities in Indochina and a mutual reduction of military assistance to that area.
principles governing economic aid to indochina
Sec. 35. (a) Congress calls upon the President and Secretary of

22 USC 2431 note.

 State to take the following actions designed to maximize the benefit of United States economic assistance: (1) to organize a consortium to include multilateral financial institutions to help plan for Indochina reconstruction and development; to coordinate multilateral and bilateral contributions to the area’s economic recovery; and to provide continuing advice to the recipient nations on the use of their own and outside resources; (2) to develop, in coordination with the recipient governments, other donors, and the multilateral financial institutions, a comprehensive plan for Indochina reconstruction and economic development; (3) to develop country-by-country reconstruction and development plans, including detailed plans for the development of individual economic sectors, that can be used to identify and coordinate specific economic development projects and programs and to direct United States resources into areas of maximum benefits; (4) to shift the emphasis of United States aid programs from consumption-oriented expenditures to economic development; (5) to identify possible structural economic reforms in areas such as taxation, exchange rates, savings mechanisms, internal pricing, income distribution, land tenure, budgetary allocations and corruption, which should be undertaken if Indochinese economic development is to progress; (6) to include in Indochina economic planning and programing specific performance criteria and standards which will enable the Congress and the executive branch to judge the adequacy of the recipient’s efforts and to determine whether, and what amounts of, continued United States funding is justified; and 88 Stat. 1807 (7) to provide humanitarian assistance to Indochina wherever practicable under the auspices of and by the United Nations and its specialized agencies, other international organizations or arrangements, multilateral institutions, and private voluntary agencies with a minimum presence and activity of United States Government personnel, (b) This section shall not be construed to imply continuation of a United States financial commitment beyond the authorization provided for in this Act or amendments made by this Act.
indochina postwar reconstruction
Sec. 36. (a) There are authorized to be appropriated to the Presi-

Appropriation.

22 USC 2432 note.

dent to furnish assistance for the relief and reconstruction of South Vietnam, Cambodia, and Laos, in addition to funds otherwise available for such purposes, for the fiscal year 1975 not to exceed $617,000,000, Of the amount appropriated for fiscal year 1975— (1) $449,900,000 shall be available only for the relief and reconstruction of South Vietnam in accordance with section 38 of this Act; (2) $100,000,000 shall be available only for the relief and reconstruction of Cambodia in accordance with section 39 of this Act; (3) $40,000,000 shall be available only for the relief and reconstruction of Laos in accordance with section 40 of this Act; (4) $4,100,000 shall be available only for the regional development program; (5) $16,000,000 shall be available only for support costs for the agency primarily responsible for carrying out this part; and (6) $7,000,000 shall be available only for humanitarian assistance through international organizations. Such amounts are authorized to remain available until expended. (b) The authority of section 610(a) of the Foreign Assistance Act of 1961 may not be used in fiscal year 1975 to transfer funds made

22 USC 2360.

 available for any provision of such Act of 1961 into funds made available for part V of such Act for South Vietnam, Cambodia, or Laos

22 USC 2431.

 under this section. (c) No assistance may be provided to South Vietnam, Cambodia, or Laos in fiscal year 1975 under part I (including chapter 4 of part II) of the Foreign Assistance Act of 1961. This prohibition may not be

22 USC 2151.

22 USC 2364.

 waived under section 614(a) of such Act of 1961 or any other provision of law. (d) Notwithstanding subsection (b) of this section, funds made

Transfer of funds.

 available under any provision of this or any other law for the purpose of providing military assistance for South Vietnam, Laos, or Cambodia during fiscal year 1975 may be transferred to, and consolidated with, any funds made available to that country for war relief, reconstruction, or general economic development, if such transfer does not result in a greater amount than is allocated for such country under paragraph (1), (2), or (3) of subsection (a). (e) To the extent not inconsistent with the provisions of this Act, all prohibitions, restrictions, limitations, and authorities contained in the Foreign Assistance Act of 1961 which are applicable to part V of such

22 USC 2151 note.

 Act of 1961 shall apply with respect to the assistance authorized by this section.
88 Stat. 1808
assistance to south vietnamese children
Sec. 37. (a) It is the sense of the Congress that inadequate provision

22 USC 2433 note.

 has been made (1) for the establishment, expansion and improvement of day care centers, orphanages, hostels, school feeding programs, health and welfare programs, and training related to these programs which are designed for the benefit of South Vietnamese children, disadvantaged by hostilities in Vietnam or conditions related to those hostilities, and (2) for the adoption by United States citizens of South Vietnamese children who are orphaned or abandoned, or whose parents or sole surviving parent, as the case may be, has irrevocably relinquished all parental rights, particularly children fathered by United States citizens. (b) The President is, therefore, authorized to provide assistance, on terms and conditions he considers appropriate, for the purposes described in clauses (1) and (2) of subsection (a) of this section. Of the funds appropriated pursuant to section 36(a) of this Act, $10,000,000, or its equivalent in local currency, shall be available until expended solely to carry out this section. Not more than 10 per centum of the funds made available to carry out this section may be expended for the purposes referred to in clause (2) of subsection (a). Assistance provided under this section shall be furnished, to the maximum extent practicable, under the auspices of and by international agencies or private voluntary agencies.
limitations with respect to south vietnam
Sec. 38. (a) The $449,900,000 made available in accordance with

22 USC 2431 note.

 section 36 (a) (1) of this Act shall be allocated as follows: (1) $90,000,000 for humanitarian assistance, of which there shall be available— (A) $70,000,000 for refugee relief; (B) $10,000,000 for child care; and (C) $10,000,000 for health care; (2) $154,500,000 for agricultural assistance, of which there shall be available— (A) $85,000,000 for fertilizer; (B) $12,000,000 for POL (for agriculture); (C) $6,000,000 for insecticides and pesticides; (D) $10,000,000 for agricultural machinery and equipment (including spare parts); (E) $3,500,000 for agricultural advisory services; (F) $20,000,000 for rural credit; (G) $10,000,000 for canal dredging; (H) $4,000,000 for low-lift pumps; and (I) $4,000,000 for fish farm development; (3) $139,800,000 for industrial development assistance of which there shall be available— (A) $124,000,000 for commodities; (B) $10,000,000 for industrial credit; and (C) $5,800,000 for industrial advisory services (including feasibility studies) ; (4) $65,600,000 for miscellaneous assistance, of which there shall be available— (A) $47,900,000 for the service sector (including POL, machinery equipment, and spare parts); and (B) $17,700,000 for technical services and operating expenses. 88 Stat. 1809 (b) (1) No funds made available in accordance with section 36(a) (1) may be transferred to, or consolidated with, the funds made available for military assistance, nor may more than 20 per centum of the funds made available under paragraph (1), (2), (3), or (4) of subsection (a) of this section be transferred to, or consolidated with, the funds made available under any other such paragraph. (2) Whenever the President determines it to be necessary in carrying out this section, any funds made available under any subparagraph of paragraph (1), (2), (3), or (4) of subsection (a) of this section may be transferred to, and consolidated with, the funds made available under any other subparagraph of that same paragraph. (3) The President shall fully inform the Speaker of the House of

Transfer, notification to the Speaker and congressional committee.

 Representatives and the Committee on Foreign Relations of the Senate of each transfer he intends to make under paragraph (1) or (2) of this subsection prior to making such transfer. (c) No funds may be obligated for any of the purposes described in subsection (a) of this section in, to, for, or on behalf of South Vietnam in any fiscal year beginning after June 30, 1975, unless such funds have been specifically authorized by law enacted after the date of enactment of this section. In no case shall funds in any amount in excess of the amount specifically authorized by law for any fiscal year be obligated for any such purpose during such fiscal year. (d) After the date of enactment of this section, whenever any

Presidential report to Congress.

 request is made to the Congress for the appropriation of funds for use in, to, for, or on behalf of South Vietnam for any fiscal year the President shall furnish a written report to the Congress explaining the purpose for which such funds are to be used in such fiscal year. (e) The President shall submit to the Congress within thirty days

Presidential report to Congress.

 after the end of each quarter of each fiscal year, beginning with the fiscal year which begins July 1, 1974, a written report showing the total amount of funds obligated in, to, for, or on behalf of South Vietnam during the preceding quarter by the United States Government, and shall include in such report a general breakdown of the total amount obligated, describing the different purposes for which such funds were obligated and the total amount obligated for such purpose. (f) (1) Effective six months after the date of enactment of this

U.S. civilian officers and employees in South Vietnam, limitation.

 section, the total number of civilian oncers and employees, including contract employees, of executive agencies of the United States Government who are citizens of the United States and of members of the Armed Forces of the United States present in South Vietnam shall not at any one time exceed four thousand, not more than two thousand five hundred of whom shall be members of such armed forces and direct hire and contract employees of the Department of Defense. Effective one year after the date of enactment of this section, such total number shall not exceed at any one time three thousand, not more than one thousand five hundred of whom shall be members of such armed forces and direct hire and contract employees of the Department of Defense. (2) Effective six months after the date of enactment of this section, the United States shall not, at any one time, pay in whole or in part, directly or indirectly, the compensation or allowances of more than eight hundred individuals in South Vietnam who are citizens of countries other than South Vietnam or the United States. Effective one year after the date of enactment of this section, the total number of individuals whose compensation or allowance is so paid shall not exceed at any one time five hundred. 88 Stat. 1810 (3) For purposes of this subsection, “executive agency of the United

“Executive agency of the United States Government.”

 States Government” means any agency, department, board, wholly or partly owned corporation, instrumentality, commission, or establishment within the executive branch of the United States Government. (4) This subsection shall not be construed to apply with respect

Nonapplicability.

 to any individual in South Vietnam who (A) is an employee or volunteer worker of a voluntary private, nonprofit relief organization or is an employee or volunteer worker of the International Committee of the Ked Cross, and (B) engages only in activities providing humanitarian assistance in South Vietnam. (g) This section shall not be construed as a commitment by the United States to South Vietnam for its defense.
limitations with respect to cambodia
Sec. 39. (a) Section 655 of the Foreign Assistance Act of 1961 is

22 USC 2415.

 amended as follows: (1) by striking out “$341,000,000” in subsection (a) and inserting “$377,000,000” in lieu thereof. (2) by striking out “1972” in subsection (a) and inserting “1975. Of that sum, there shall be available no more than $200,000,000 for military assistance. In addition to such $377,000,000, defense articles and services may be ordered under section 506 of this Act for Cambodia in an amount not to exceed $75,000,000 in fiscal year 1976.” in lieu thereof. (3) by striking out “$341,000,000” in subsection (b) and inserting “$377,000,000” in lieu thereof. (4) by striking out “1972” in subsection (b) and inserting “1975” in lieu thereof. (b) Section 656 of the Foreign Assistance Act of 1961 is amended

22 USC 2416.

 by adding at the end thereof the following sentence: “This section shall not be construed to apply with respect to any individual in Cambodia who (A) is an employee or volunteer worker of a voluntary private, nonprofit relief organization or is an employee or volunteer worker of the International Committee of the Red Cross, and (B) engages only in activities providing humanitarian assistance in Cambodia.” (c) The $100,000,000 made available in accordance with section

Allocation.

22 USC 2415 note.

 36(a) (2) of this Act shall be allocated as follows: (1) $20,000,000 for humanitarian assistance; (2) $63,000,000 for commodity import assistance ; (3) $15,000,000 for multilateral stabilization assistance; and (4) $2,000,000 for technical support and participant training. (d) No funds made available in accordance with section 36(a) (2)

Restrictions.

2 USC 2415 note.

Ante, p. 1807.

 may be transferred to, or consolidated with, the funds allocated for military assistance to Cambodia under section 655(a) of the Foreign Assistance Act of 1961, nor may more than 20 per centum of the funds made available under any paragraph of subsection (c) of this section be transferred to, or consolidated with, the funds made available under any other such paragraph. (e) No funds may be obligated for any of the purposes described

22 USC 2415 note.

 in section 655(a) of the Foreign Assistance Act of 1961 in, to, for, or on behalf of Cambodia in any fiscal year beginninq after June 30, 1975, unless such funds have been specifically authorized by law enacted after the date of enactment of this section. In no case shall funds in any amount in excess of the amount specifically authorized by law for any fiscal year be obligated for any such purpose during such fiscal year. 88 Stat. 1811 (f) This section shall not be construed as a commitment by the

22 USC 2415 note.

 United States to Cambodia for its defense.
limitations with respect to laos
Sec. 40. (a) Notwithstanding any other provision of law, no funds

22 USC 2431 note.

 authorized to be appropriated by this or any other law may be obligated in any amount in excess of $70,000,000 during the fiscal year ending June 30, 1975, for the purpose of carrying out directly or indirectly any economic or military assistance, or any operation, project, or program of any kind, or for providing any goods, supplies, materials, equipment, services, personnel, or advisers in, to, for, or on behalf of Laos. Of that amount, there shall be available— (1) $30,000,000 for military assistance; and (2) $40,000,000 only for economic assistance, of which there shall be available— (A) $11,000,000 for humanitarian assistance; (B) $6,500,000 for reconstruction and development assistance; (C) $16,100,000 for stabilization assistance; and (D) $6,400,000 for technical support. (b) No funds made available under paragraph (2) of subsection (a) of this section may be transferred to, or consolidated with, the funds made available under paragraph (1) of such subsection, nor may more than 20 per centum of the funds made available under any subparagraph of paragraph (2) be transferred to, or consolidated with, the funds made available under any other such subparagraph. (c) In computing the limitations on obligation authority under subsection (a) of this section with respect to such fiscal year, there shall be included in the computation the value of any goods, supplies, materials, equipment, services, personnel, or advisers provided, to, for, or on behalf of Laos in such fiscal year by gift, donation, loan, lease or otherwise. For the purpose of this subsection, “value” means

“vaiue.”

 the fair market value of any goods, supplies, materials, or equipment provided to, for, or on behalf of Laos but in no case less than 33⅓ per centum of the amount the United States paid at the time such goods, supplies, materials, or equipment were acquired by the United States. (d) No funds may be obligated for any of the purposes described in subsection (a) of this section in, to, for, or on behalf of Laos in any fiscal year beginning after June 30, 1975, unless such funds have been specifically authorized by law enacted after the date of enactment of this section. In no case shall funds in any amount in excess of the amount specifically authorized by law for any fiscal year be obligated for any such purpose during such fiscal year. (e) After the date of enactment of this section, whenever any request

Report to Congress.

 is made to the Congress for the appropriation of funds for use in, to, for, or on behalf of Laos, for any fiscal year, the President shall furnish a written report to the Congress explaining the purpose for which such funds are to be used in such fiscal year. (f) The President shall submit to the Congress within thirty days

Presidential report to Congress.

 after the end of each quarter of each fiscal year beginning with the fiscal year which begins July 1, 1974, a written report showing the total amount of funds obligated in, to, for, or on behalf of Laos during the preceding quarter by the United States Government and shall include in such report a general breakdown of the total amount obligated, describing the different purposes for which such funds were obligated and the total amount obligated for such purpose. 88 Stat. 1812 (g) This section shall not be construed as a commitment by the United States to Laos for its defense.
population, narcotics, international humanitarian and regional programs
Sec. 41. Part V of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section:
“Sec. 806. Population, Narcotics, International Humanitarian and

22 USC 2435.

 Regional Programs.—The provisions of sections 36(c), 38, 39, and 40 of the Foreign Assistance Act of 1974 shall not apply to : (1) funds

Ante, pp. 1807, 1808, 1810, 1811.

22 USC 2219.

 obligated for purposes of title X of chapter 2 of part I (programs relating to population growth) ; (2) funds made available under section 482 (programs relating to narcotics control); (3) funds made

22 USC 2291a.

 available for humanitarian assistance through international organizations; or (4) funds obligated for regional programs.”
assistance to the middle east
Sec. 42. The Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new part: “PART VI
“Sec. 901. Statement of Policy.—The Congress recognizes that a

22 USC 2441.

 peaceful and lasting resolution of the divisive issues that have contributed to tension and conflict between nations in the Middle East is essential to the security of the United States and the cause of world peace. The Congress declares and finds that the United States can and should play a constructive role in securing a just and durable peace in the Middle East by facilitating increased understanding between the Arab nations and Israel, and by assisting the nations in the area in their efforts to achieve economic progress and political stability, which are the essential foundations for a just and durable peace. I t is the sense of Congress that United States assistance programs in the Middle East should be designated to promote mutual respect and security among the nations in the area and to foster a climate conducive to increased economic development, thereby contributing to a community of free, secure, and prospering nations in the Middle East.

“It is further the sense of Congress that none of the funds authorized by this Act should be provided to any nation which denies its citizens the right or opportunity to emigrate.
“Sec. 902. Allocations.— (a) Of the funds appropriated to carry

22 USC 2442.

22 USC 2311.

 out chapter 2 of part I I of this Act during the fiscal year 1975, not to exceed $100,000,000 may be made available for military assistance in the Middle East. “(b) Of the funds appropriated to carry out chapter 4 of part II of this Act during the fiscal year 1975, not to exceed $652,000,000 may

22 USC 2346.

 be made available for security supporting assistance in the Middle East. “(c) Of the aggregate ceiling on credits and guaranties established by section 31(b) of the Foreign Military Sales Act during the fiscal

22 USC 2771.

 year 1975, not to exceed $330,000,000 shall be available for countries in the Middle East.
“Sec. 903. (a) Special Requirements Fund.—There are authorized to

22 USC 2443.

 be appropriated to the President for the fiscal year 1975 not to exceed $100,000,000 to furnish assistance under part I of this Act to meet special requirements arising from time to time in carrying out the purposes of this part, in addition to funds otherwise available for such purposes. The funds authorized to be appropriated by this section shall88 Stat. 1813 be available for use by the President for assistance authorized by such part in accordance with the provisions applicable to the furnishing of such assistance. Such funds are authorized to remain available until expended. “(b) The President may only obligate or expend, for each foreign country or international organizations, funds authorized under this section— “(1) after he reports to the Speaker of House of Representatives

Presidential report to Speaker of the House and congressional committee

 and the Committee on Foreign Relations and the Committee on Appropriations of the Senate concerning (A) the name of such foreign country or international organizations, (B) the amount of such funds to be made available to such country or organization, and (C) the purpose for which such funds are to be made available to such country or organization; and “(2) unless the Congress, within thirty calendar days after receiving any report under paragraph (1), adopts a concurrent resolution stating in substance that it does not favor the provisions of the report provided by clauses (A), (B), and (C) of paragraph (1). “(c) Of the amount authorized under subsection (a), not less than $6,000,000 shall constitute a contribution by the United States toward the settlement of the deficit of the United Nations Relief and Works Agency for Palestine Refugees in the Middle East, if the President determines that a reasonable number of other countries will contribute a fair share toward the settlement of such deficit within a reasonable period of time after the date of enactment of the Foreign Assistance Act of 1974. In determining such fair share, the President shall take into consideration the economic position of each such country. Such $6,000,000 shall be in addition to any other contribution to such Agency by the United States pursuant to any other provision of law.”
nuclear powerplants
Sec. 43. None of the funds authorized by this Act may be used to

22 USC 2406 note.

 finance the construction of, the operation or maintenance of, or the supply of fuel for any nuclear powerplant in Israel or Egypt, which has been approved under an agreement for cooperation between the United States and either such country.
assistance to united arab republic
Sec. 44. Section 620(p) of the Foreign Assistance Act of 1961 is

Repeal.

22 USC 2370.

 repealed.
foreign military sales act amendments
Sec. 45 (a). The Foreign Military Sales Act is amended as follows: (1) Section 3(d) is amended to read as follows:

22 USC 2753.

 “(d) A country shall remain ineligible in accordance with subsection (c) of this section until such time as the President determines that such violation has ceased, that the country concerned has given assurances satisfactory to the President that such violation will not recur, and that, if such violation involved the transfer of sophisticated weapons without the consent of the President, such weapons have been returned to the country concerned.” (2) Section 23 is amended to read as follows:

22 USC 2763.
“Sec. 23. Credit Sales.—The President is authorized to finance procurements of defense articles and defense services by friendly foreign88 Stat. 1814 countries and international organizations on terms requiring the payment to the United States Government in United States dollars of— “(1) the value of such articles or services within a period not to exceed ten years after the delivery of such articles or the rendering of such services; and “(2) interest on the unpaid balance of that obligation for payment of the value of such articles or services, at a rate equivalent to the current average interest rate, as of the last day of the month preceding the financing of such procurement, that the United States Government pays on outstanding marketable obligations of comparable maturity, unless the President certifies to Congress that the national interest requires a lesser rate of interest and states in the certification the lesser rate so required and the justification therefor.”
(3) In subsections (a) and (b) of section 24, the parenthetical

22 USC 2764.

 phrase in each is amended to read as follows: “(excluding United States Government agencies other than the Federal Financing Bank)”. (4) Section 24(c) is amended by striking out “25” both times it appears and inserting “10” both such times in lieu thereof. (5) Section 35(b) is repealed, and section 36 is amended by inserting

Repeal.

22 USC 2775, 2776.

Sale of defense articles or services, reports to Speaker of the House and congressional committee.

 before subsection (c) the following new subsections: “(a) The President shall submit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate quarterly reports containing— “(1) a llsting of all letters of offer to sell any defense articles or services under this Act, if such offer has not been accepted or canceled; “(2) a cumulative listing of all such letters of offer to sell that have been accepted during the fiscal year in which such report is submitted; “(3) the cumulative dollar amounts, by foreign country and international organization, of credit sales under section 23 and

22 USC 2763.

 guaranty agreements under section 24 made before the submission of such quarterly report and during the fiscal year in which such report is submitted; and “(4) projections of the cumulative dollar amounts, by foreign country and international organization, of credit sales under section 23 and guaranty agreements under section 24 to be made in the quarter of the fiscal year immediately following the quarter for which such report is submitted. For each letter of offer to sell under paragraphs (1) and (2), the report shall specify (A) the foreign country or international organization to which the defense article or service is offered, (B) the dollar amount of the offer to sell under paragraph (1) or of the completed sale under paragraph (2), (C) a brief description of the defense article or service offered, (D) the United States armed force which is making the offer to sell, (E) the date of such offer, and (F) the date of any acceptance under paragraph (2). “(b) In the case of any letter of offer to sell any defense articles or

Presidential statement, submittal to Speaker of the House and congressional committee.

 services under this Act for $25,000,000 or more, before issuing such letter of offer the President shall submit to the Speaker of the House of Representatives and to the Chairman of the Committee on Foreign Relations of the Senate a statement with respect to such offer to sell containing the information specified in subparagraphs (A) through (E) in subsection (a). The letter of offer shall not be issued if the Congress, within twenty calendar days after receiving any such statement, adopts a concurrent resolution stating in effect that it objects88 Stat. 1815 to such proposed sale, unless the President in his statement certifies that an emergency exists which requires such sale in the national security interests of the United States.” (6) Section 31(a) is amended by striking out “$325,000,000 for the

22 USC 2771.

 fiscal year 1974” and inserting in lieu thereof “$405,000,000 for the fiscal year 1975”. (7) In section 31(b)— (A) strike out “$730,000,000 for the fiscal year 1974” and insert in lieu thereof “$872,500,000 for the fiscal year 1975”; and (B) add at the end thereof the following new sentence: “Of the funds made available under subsection (a) of this section, $100,000,000 shall first be obligated with respect to financing the procurement of defense articles and defense services by Israel under section 23 of this Act, except that Israel shall be released

Ante, p. 1813.

 from contractual liability to repay the United States Government for the defense articles and defense services so financed.” (8) In section 33—

22 USC 2773.

 (A) subsection (a) is repealed;

Repeal.

 (B) subsection (b) is redesignated as subsection (a); and (C) a new subsection (b) is added as follows: “(b) The President may waive the limitations of this section when

Presidential waiver of limitations.

Report to Speaker of the House and congressionai committee.

Effective date.

22 USC 2764 note.

 he determines it to be important to the security of the United States and promptly so reports to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate.” (b) The amendment made by paragraph (4) of subsection (a) shall take effect on July 1, 1974. Obligations initially charged against appropriations made available for purposes authorized by section 31(a) of the Foreign Military Sales Act after June 30, 1974, and prior to the enactment of this section in an amount equal to 25 per centum of the principal amount of contractual liability related to guaranties issued pursuant to section 24(a) of that Act shall be adjusted to reflect such

22 USC 2764.

 amendment with proper credit to the appropriations made available in the fiscal year 1975 to carry out that Act.
security assistance and human rights
Sec. 46. Chapter 1 of part II of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section:
“Sec. 502B. Human Rights.— (a) It is the sense of Congress that,

22 USC 2304.

 except in extraordinary circumstances, the President shall substantially reduce or terminate security assistance to any government which engages in a consistent pattern of gross violations of internationally recognized human rights, including torture or cruel, inhuman or degrading treatment or punishment; prolonged detention without charges; or other flagrant denials of the right to life, liberty, and the security of the person. “(b) Whenever proposing or furnishing security assistance to any government falling within the provisions of paragraph (a), the President shall advise the Congress of the extraordinary circumstances necessitating the assistance. “(c) In determining whether or not a government falls within the provisions of subsection (a), consideration shall be given to the extent of cooperation by such government in permitting an unimpeded investigation of alleged violations of internationally recognized human rights by appropriate international organizations, including the International Committee of the Red Cross and any body acting under the authority of the United Nations or of the Organization of American States. 88 Stat. 1816 “(d) For purposes of this section, ‘security assistance’ means assistance

“Security assistance.”

22 USC 2161, 2241, 2311, 2346, 2431.

Ante, p. 1812.

22 USC 2751 note.

 under chapter 2 (military assistance) or chapter 4 (security supporting assistance) of this part, assistance under part V (Indochina Postwar Reconstruction) or part VI (Middle East Peace) of this Act, sales under the Foreign Military Sales Act, or assistance for public safety under this or any other Act.”
gorgas memorial institute
Sec. 47. The first section of the Act entitled “An Act to authorize a permanent annual appropriation for the maintenance and operation of the Gorgas Memorial”, approved May 7, 1928, is amended by striking

22 USC 278.

 out “$500,000” and inserting “$2,000,000” in lieu thereof.
international commission of control and suppervision in vietnam
Sec. 48 (a) There are authorized to be appropriated to the Department

Appropriations.

22 USC 2431 note.

 of State for fiscal year 1975 not to exceed $16,526,000 for payments by the United States to help meet expenses of the International Commission of Control and Supervision m Vietnam. Funds appropriated under this subsection are authorized to be made available for reimbursement to the Agency for International Development of amounts expended by the Agency during fiscal year 1975 as interim United States payments to help meet expenses of the International Commission of Control and Supervision. (b) There are authorized to be appropriated to the Department of State not to exceed $11,200,000 for reimbursement to the Agency for International Development of amounts expended by the Agency for International Development to help meet expenses of the International Commission on Control and Supervision in fiscal year 1974. (c) Reimbursements received by the Agency for International Development under this section may be credited to applicable appropriations of the Agency and shall be available for the purposes for which such appropriations are authorized to be used during fiscal year 1975.
policy on assistance to africa
Sec. 49. The President is requested to review the regional allocation

22 USC 2166 note.

 of economic development assistance and to increase Africa’s share of the Agency for International Development loans and grants. A special effort should be made to provide more assistance to the sixteen of the world’s twenty-five least developed countries that are in Africa and to the fourteen African nations that are judged to be most seriously affected by rising costs of food and fuel. The President is requested to

Presidential report to Congress.

 make a report to Congress on action taken to provide the developing countries of Africa with an equitable share of United States economic assistance at the time that the Agency for International Development’s operational year budget for fiscal year 1975 is submitted to Congress and again with the submission to Congress of the proposed Agency for International Development budget for fiscal year 1976.
policy on the independence of angola, mozambique, and guinea-bissau
Sec. 50. (a) (1) Congress finds that the Government of Portugal’s

22 USC 2166 note.

 recognition of the right to independence of the African territories of Angola, Mozambique, and Guinea-Bissau marks a significant advance toward the goal of self-determination for all the peoples of Africa, without which peace on the continent is not secure. 88 Stat. 1817 (2) Congress finds that progress toward independence for the Portuguese African territories will have a significant impact on the international organizations and the community of nations. (3) Congress commends the Portuguese Government’s initiatives on these fronts as evidence of a reaffirmation of that Government’s support for her obligations under both the United Nations Charter and the North Atlantic Treaty Organization. (b) Therefore, Congress calls upon the President and the Secretary of State to take the following actions designed to make clear United States support for a peaceful and orderly transition to independence in the Portuguese African territories: (1) An official statement should be issued of United States support for the independence of Angola, Mozambique, and Guinea-Bissau, and of our desire to have good relations with the future governments of the countries. (2) It should be made clear to the Government of Portugal that we view the efforts toward a peaceful and just settlement of the conflict in the African territories as consistent with Portugal’s obligations under the North Atlantic Treaty Organization partnership. (3) The United States should encourage United Nations support for a peaceful transition to independence, negotiated settlement of all differences, and the protection of human rights of all citizens of the three territories. (4) The United States should open a dialog with potential leaders of Angola, Mozambique, and Guinea-Bissau and assure them of our commitment to their genuine political and economic independence. (5) The economic development needs of the three territories will be immense when independence is achieved. Therefore, it is urged that the United States Agency for International Development devote attention to assessing the economic situation in Angola, Mozambique, and Guinea-Bissau and be ready to cooperate with the future governments in providing the kind of assistance that will help make their independence viable. In addition, the United States Government should take the initiative among other donors, both bilateral and multilateral, in seeking significant contribution of development assistance for the three territories. (6) In light of the need of Angola, Mozambique, and Guinea-Bissau for skilled and educated manpower, a priority consideration should be given to expanding current United States programs of educational assistance to the territories as a timely and substantive contribution to their independence. (c) Reports should be submitted to the Congress on the implementation

Reports to Congress.

 of the proposals set forth in subsection (b) and Congress should be kept fully informed on developments in United States policy toward the independence of the Portuguese African territories.
conventional arms trade
Sec. 51. (a) It is the sense of the Congress that the recent growth

22 USC 2551 note.

 in international transfers of conventional arms to developing nations— (1) is a cause for grave concern for the United States and other nations in that in particular areas of the world it increases the danger of potential violence among nations, and diverts scarce world resources from more peaceful uses; and (2) could be controlled progressively through negotiations and agreements among supplier and recipient nations. 88 Stat. 1818 (b) Therefore, the President is urged to propose to the Geneva Conference of the Committee on Disarmament that it consider as a high priority agenda item discussions among participating nations of that Conference for the purposes of— (1) agreeing to workable limitations on conventional arms transfers; and (2) establishing a mechanism through which such limitations could be effectively monitored. (c) The President shall transmit to the Congress not later than six

Report to Congress.

 months after the enactment of this Act a report setting forth the steps he has taken to carry out this section.
involvement of puerto rico in the caribbean development bank
Sec. 52. (a) The President may transmit to the Caribbean Development Bank an instrument stating that the Commonwealth of Puerto Rico has the authority to conclude an agreement of accession with such Bank and to assume rights and obligations pursuant to such agreement. However, such agreement may only be concluded after it has been approved by the United States Secretary of State. (b) The instrument transmitted by the President to the Caribbean Development Bank under subsection (a) shall state that the United States shall not assume any financial or other responsibility for the performance of any obligation incurred by the Commonwealth of Puerto Rico pursuant to such agreement of accession or pursuant to any other aspect of its membership or participation in such Bank. (c) Such agreement of accession shall provide that the Commonwealth of Puerto Rico may not receive from the Caribbean Development Bank any funds provided to the Bank by the United States.
assistance to portugal and portuguese colonies in africa gaining independence
Sec. 53. Part I of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following: “Chapter X— Assistance to Portugal and Portuguese Colonies in Africa Gaining Independence
“Sec. 496. Assistance to Portugal and Portuguese Colonies in Africa

22 USC 2293.

 Gaining Independence.—There are authorized to be appropriated to the President for the fiscal year 1975, in addition to funds otherwise available for such purposes, not to exceed— “(1) $5,000,000 to make grants; and “(2) $20,000,000 to make loans; to remain available until expended, for use by the President in providing economic assistance, on such terms and conditions as he may determine, for Portugal and the countries and colonies in Africa which were, prior to April 25, 1974, colonies of Portugal.”
integration of women
Sec. 54. Chapter 3 of part III of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section:
“Sec. 305. Integration of Women.—The President is requested to

22 USC 2225.

 instruct each representative of the United States to each international organization of which the United States is a member (including but not limited to the International Bank for Reconstruction and Development, the Asian Development Bank, the Inter-American Development88 Stat. 1819 Bank, the International Monetary Fund, the United Nations, and the Organization for Economic Cooperation and Development) to carry out their duties with respect to such organizations in such a manner as to encourage and promote the integration of women into the national economies of member and recipient countries and into professional and policy-making positions within such organizations, thereby improving the status of women.”
policy with respect to countries most seriously affected by food shortages
Sec. 55. (a) The United Nations has designated thirty-two countries

22 USC 2175 note.

 as “Most Seriously Affected” by the current economic crisis. These are countries without the internal food production capability or the foreign exchange availability to secure food to meet their immediate food requirements. The Congress calls upon the President and Secretary of State to take the following actions designed to mobilize appropriate resources to meet the food emergency: (1) Review and make appropriate adjustments in the level of programming of our food and fertilizer assistance programs with the aim of increasing to the maximum extent feasible the volume of food and fertilizer available to those countries most seriously affected by current food shortages. (2) Call upon all traditional and potential new donors of food, fertilizer, or the means of financing these commodities to immediately increase their participation in efforts to address the emergency food needs of the developing world. (3) Make available to these most seriously affected countries the maximum feasible volume of food commodities, with appropriate regard to the current domestic price and supply situations. (4) Maintain regular and full consultation with the appropriate committees of the Congress and report to the Congress and

Report to Congress.

 the Nation on steps which are being taken to help meet this food emergency. In accordance with this provision, the President shall report to the Congress on a global assessment of food needs for

Presidential report to Congress.

 fiscal year 1975, specifying expected food grain deficits and currently planned programming of food assistance, and steps which are being taken to encourage other countries to increase their participation in food assistance or the financing of food assistance. Such report should reach the Congress promptly and should be supplemented quarterly for the remainder of fiscal year 1975. (5) The Congress directs that during the fiscal year ending June 30, 1975, not more than 30 percent of concessional food aid should be allocated to countries other than those which are most seriously affected by current food shortages, unless the President demonstrates to the appropriate Committees of the Congress that the use of such food assistance is solely for humanitarian food purposes. (6) The Congress calls upon the President to proceed with the implementation of resolutions and recommendations adopted by the World Food Conference. The Congress believes that it is incumbent upon the United States to take a leading role in assisting in the development of a viable and coherent world food policy which would begin the task of alleviating widespread hunger and suffering prevalent in famine-stricken nations. The

Presidential report to Congress.

 President shall report to the Congress within 120 days of enactment of this Act on the implementation of the resolutions and the extent to which the United States is participating in the88 Stat. 1820 implementation of resolutions adopted at the World Food Conference.
repayment of loans in default
Sec. 56. It is the sense of the Congress that any country receiving

22 USC 2370 note.

22 USC 2151 note.

 assistance under the Foreign Assistance Act of 1961 which is in default, at least 90 days prior to the date of enactment of this Act, of any payment of principal or interest due on any loan or credit received from the United States shall promptly pay all such principal and interest. I t is further the sense of the Congress that the President shall promptly enter into negotiations with each such country to help effectuate the payment of such principal and interest, or to effectuate the transfer by such country to the United States of goods, services, concessions, or actions beneficial to the United States, in lieu of the payment of such principal and interest.
Approved December 30, 1974.
Public Law 93–560: To declare that certain federally owned lands shall be held by the United States in trust for the Hualapai Indian Tribe of the Hualapai Reservation, Arizona, and for other purposes. Public Law 560 88 Stat. 1820 1974-12-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–560
An Act To declare that certain federally owned lands shall be held by the United States in trust for the Hualapai Indian Tribe of the Hualapai Reservation, Arizona, and for other purposes.

December 30, 1974

[H. R. 7978]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, subject to

Indians.

Hualapai Tribe, Ariz.

Lands in trust.

all valid existing rights-of-way, all of the right, title, and interest of the United States in and to the following described lands, containing 794.95 acres, more or less, and all federally owned buildings and improvements thereon are hereby declared to be held by the United State in trust for the Hualapai Indian Tribe of the Hualapai Reservation, Arizona, subject to the continued right of the United States to use such land, buildings, and improvements so long as needed for Indian agency and administrative purposes:

Description.

 Northwest quarter, section 15, and all of section 10, township 23 north, range 13 west, Gila and Salt River base and meridian, Arizona, excepting a tract of land containing 5.05 acres, more or less, which is seven hundred thirty feet long and three hundred feet wide, lying along and adjacent to the southeasterly boundary line of the Atchison, Topeka, and Santa Fe Railway in the southeast quarter of section 10, township 23 north, range 13 west, Gila and Salt River base and meridian, and which tract is more particularly described in the Act of October 25, 1949 (63 Stat. 1205), as amended by the Act of June 23, 1970 (84 Stat. 2109).
Sec. 2. The lands subject to this Act shall be administered in accordance

Administration.

 with the laws and regulations applicable to Indian tribal lands.
Sec. 3. The Indian Claims Commission is directed to determine in

Claims offset against U.S.

 accordance with the provisions of the Act of August 13, 1946 (60 Stat. 150), the extent to which value of the title conveyed should or should

60 Stat. 1050.

25 USC 70a.

 not be set off against any claim against the United States determined by the Commission.
Approved December 30, 1974.
Public Law 93–561: To authorize and request the President to issue a proclamation designating January, 1975, as “March of Dimes Birth Defects Prevention Month”. Public Law 561 88 Stat. 1821 1974-12-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 1821 Public Law 93–561
Joint Resolution To authorize and request the President to issue a proclamation designating January, 1975, as “March of Dimes Birth Defects Prevention Month”.

December 30, 1974

[S. J. Res. 224]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the President of the

March of Dimes Birth Defects Prevention Month.

Designation authorization.

 United States is authorized and requested to issue a proclamation— (1) designating January, 1975, as “March of Dimes Birth Defects Prevention Month”; (2) inviting the Governors of the States and territories of the United States to issue proclamations for like purposes; and (3) urging the people of the United States to consider fully the nationwide problem of birth defects and their effect on future generations, and to support all essential programs to prevent their occurrence.
Approved December 30, 1974.
Public Law 93–562: To amend the Admission Act for the State of Idaho to permit that State to exchange public lands, and for other purposes. Public Law 562 88 Stat. 1821 1974-12-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–562
An Act To amend the Admission Act for the State of Idaho to permit that State to exchange public lands, and for other purposes.

December 30, 1974

[S. 939]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 5 of

Idaho.

Exchange of public lands.

56 Stat. 48; 63 Stat. 714.

 the Admission Act for the State of Idaho (26 Stat. 215), as amended, is further amended, as follows: (a) In the first sentence of such section delete “That” and insert in lieu thereof “(a) Except as provided in subsection (b),”. (b) In the second sentence of such section— (1) delete “But said” and insert in lieu thereof “Such”; (2) after “hydrocarbon lease,” insert “or a geothermal resource and associated byproducts lease,”; and (3) after “produced” insert “in paying quantities or the lessee in good faith is conducting well drilling or construction operations,”. (c) At the end of such section insert the following new subsection: “(b) Such lands may be exchanged for other lands, public or private. The values of such lands so exchanged shall be approximately equal or, if they are not approximately equal, they shall be equalized by the payment of money by the appropriate party. If any such lands are exchanged with the United States, such exchange shall be limited to Federal lands within the State that are subject to exchange under the laws governing the administration of such lands. All such exchanges heretofore made with the United States are hereby approved.”.
Approved December 30, 1974.
Public Law 93–563: Making appropriations for Agriculture-Environmental and Consumer Protection programs for the fiscal year ending June 30, 1975, and for other purposes. Public Law 563 88 Stat. 1822 1974-12-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 1822 Public Law 93–563
An Act Making appropriations for Agriculture-Environmental and Consumer Protection programs for the fiscal year ending June 30, 1975, and for other purposes.

December 31, 1974

[H. R. 16901]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following:

Agriculture-Environmental and Consumer Protection Appropriation Act, 1975.

 sums are appropriated, out of any money in the Treasury not otherwise appropriated, for Agriculture-Environmental and Consumer Protection programs for the fiscal year ending June 30, 1975, and for other purposes; namely: <num value="i">TITLE I—</num> <heading class="inline">AGRICULTURAL PROGRAMS</heading> <appropriations level="intermediate"> <heading>Department of Agriculture</heading> <appropriations level="small"> <heading>office of the secretary</heading> <content> <p class="inline">For necessary expenses of the Office of the Secretary of Agriculture, including the dissemination of agricultural information and the coordination of informational work and programs authorized by Congress in the Department, management support services to selected agencies and offices of the Department of Agriculture, and for general administration of the Department of Agriculture, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department of Agriculture, and not to exceed $15,000 for employment under 5 U.S.C. 3109, $16,575,000, of which $3,979,000 shall be available for the Office of Communication and, of which total appropriation not to exceed $822,000 may be used for farmers’ bulletins, which shall be adapted to the interests of the people of the different sections of the country, an equal proportion of four-fifths of which shall be available to be delivered to or sent out under the addressed franks furnished by the Senators, Representatives, and Delegates in Congress, as they shall direct (7 U.S.C. 417), and not less than two hundred and thirty-two thousand two hundred and fifty copies for the use of the Senate and House of Representatives of part 2 of the annual report of the Secretary (known as the Yearbook of Agriculture) as authorized by 44 U.S.C. 1301: <proviso><i>Provided</i>, That this appropriation shall be reimbursed from applicable appropriations for travel expenses incident to the holding of hearings as required by 5 U.S.C. 551–558:</proviso> <proviso><i>Provided further</i>, That not to exceed $2,500 of this amount shall be available for official reception and representation expenses, not otherwise provided for, as determined by the Secretary:</proviso> <proviso><i>Provided further</i>, That in the preparation of motion pictures or exhibits by the Department, this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225)</proviso>.</p> <p class="indent0 firstIndent1 fontsize10">None of the funds provided by this Act shall be used to pay the salaries of any personnel which carries out the provisions of section 610 of the Agricultural Act of 1970, except for research in an amount<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s2119">7 USC 2119</ref>.</p></sidenote> not to exceed $3,000,000; projects to be approved by the Secretary as provided by law.</p> </content> </appropriations> <appropriations level="small"> <heading>office of the inspector general</heading> <content>For necessary expenses of the Office of the Inspector General, including employment pursuant to the second sentence of section 706 (a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed<page identifier="/us/stat/88/1823">88 <inline class="smallCaps">Stat</inline>. 1823</page> $10,000, for employment under 5 U.S.C. 3109, $15,751,000 and in addition, $5,081,000 shall be derived by transfer from the appropriation, “Food Stamp Program” and merged with this appropriation.</content> </appropriations> <appropriations level="small"> <heading>office of the general counsel</heading> <content>For necessary expenses, including payment of fees or dues for the use of law libraries by attorneys in the field service, $7,789,000.</content> </appropriations> <appropriations level="small"> <heading>agricultural research service</heading> <content> <p class="inline">For expenses necessary to enable the Agricultural Research Service to perform agricultural research and demonstrations relating to production, utilization, marketing, and distribution (not otherwise provided for), home economics or nutrition and consumer use, and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100; $201,242,000, and in addition not to exceed $15,000,000 from funds available under section 32 of the Act of August 24, 1935, pursuant to Public Law 88–250 shall be transferred <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s612c">7 USC 612c</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/77/820">77 Stat. 820</ref>.</p></sidenote> to and merged with this appropriation: <proviso><i>Provided</i>, That appropriations hereunder shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be available for employment under 5 U.S.C. 3109:</proviso> <proviso><i>Provided further</i>, That appropriations hereunder <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s2254">7 USC 2254</ref>.</p></sidenote> shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only:</proviso> <proviso><i>Provided further</i>, That of the appropriations hereunder, not less than $10,526,600 shall be available to conduct marketing research:</proviso> <proviso><i>Provided further</i>, That appropriations hereunder shall be available pursuant to <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s2254">7 USC 2254</ref>.</p></sidenote> 7 U.S.C. 2250, for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building (except headhouses connecting greenhouses) shall not exceed $50,000, except for six buildings to be constructed or improved at a cost not to exceed $100,000 each, and the cost of altering any one building during the fiscal year shall not exceed $18,000, or 1.8.6 per centum of the cost of the building, whichever is greater:</proviso> <proviso><i>Provided further</i>, That the limitations on alterations contained in this Act shall not apply to a total of $100,000 for facilities at Beltsville, Maryland:</proviso> <proviso><i>Provided further</i>, That $6,420,000 of this appropriation shall remain available until expended for plans, construction and improvement of facilities without regard to the foregoing limitations:</proviso> <proviso><i>Provided further</i>, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a)</proviso>.</p> <p class="indent0 firstIndent1 fontsize10">Special fund: To provide for additional labor, subprofessional, and <sidenote><p class="firstIndent1 fontsize8">Special fund.</p></sidenote> junior scientific help to be employed under contracts and cooperative agreements to strengthen the work at research installations in the field, not more than $2,000,000 of the amount appropriated under this head for the previous fiscal year may be used by the Administrator of the Agricultural Research Service in departmental research programs in the current fiscal year, the amount so used to be transferred to and merged with the appropriation otherwise available under “Agricultural Research Service”.</p> </content> </appropriations> <appropriations level="small"> <heading>scientific activities overseas (special foreign currency program)</heading> <content>For payments in foreign currencies owed to or owned by the United States for market development research authorized by section 104 (b) (1) and for agricultural and forestry research and other functions related thereto authorized by section 104(b)(3) of the Agricultural<page identifier="/us/stat/88/1824">88 <inline class="smallCaps">Stat</inline>. 1824</page> Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704(b) (1), (3)), $5,000,000, to remain available until expended: <proviso><i>Provided</i>, That this appropriation shall be available, in addition to other appropriations for these purposes, for payments in the foregoing currencies:</proviso> <proviso><i>Provided further</i>, That funds appropriated herein shall be used for payments in such foreign currencies as the Department determines are needed and can be used most effectively to carry out the purposes of this paragraph:</proviso> <proviso><i>Provided further</i>, That not to exceed $25,000 of this appropriation shall be available for payments in foreign currencies for expenses of employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), as amended by 5 U.S.C. 3109</proviso>.</content> </appropriations> <appropriations level="small"> <heading>animal and plant health inspection service</heading> <content>For expenses, not otherwise provided for, including those pursuant to the Act of February 28, 1947, as amended (21 U.S.C. 114b–4) necessary to prevent, control, and eradicate pests and plant and animal diseases; to carry out inspection, quarantine, and regulatory activities; to carry on services related to consumer protection; and to protect the environment, as authorized by law, $410,266,000, of which $1,500,000 shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended, for the control of outbreaks of insects, plant<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s665">31 USC 665</ref>.</p></sidenote> diseases and animal diseases to the extent necessary to meet emergency conditions and $62,900,000 shall be for repayment to the Commodity Credit Corporation of advances (and interest thereon) made in accordance with authorities contained in the provisions of the appropriation items for the Agricultural Research Service in the Agriculture-Environmental and Consumer Protection Appropriation Act, 1972,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/85/184">85 Stat. 184</ref>.</p></sidenote> and for the Animal and Plant Health Inspection Service in the Agriculture-Environmental and Consumer Protection Appropriation Act, 1973; <proviso><i>Provided</i>, That $1,000,000 of the funds for control of the fire<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/86/594">86 Stat. 594</ref>.</p></sidenote> ant shall be placed in reserve for matching purposes with States which may come into the program:</proviso> <proviso><i>Provided further</i>, That no funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year that does not require minimum matching by any State of at least 40 per centum:</proviso> <proviso><i>Provided further</i>, That this appropriation shall be available for field emplo3rment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $60,000 shall be available for employment under 5 U.S.C. 3109:</proviso> <proviso><i>Provided further</i>, That this appropriation shall be available for the operation and maintenance of aircraft and the purchase of not to exceed four, of which two shall be for replacement only:</proviso> <proviso><i>Provided further</i>, That this appropriation shall be available pursuant to ,7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building (except headhouses connecting greenhouses) shall not exceed $40,000, except for one building to be constructed or improved at a cost of not to exceed $80,000, and the cost of altering any one building during the fiscal year shall not exceed $15,000, or 15 per centum of the cost of the building, whichever is greater:</proviso> <proviso><i>Provided further</i>, That $16,300,000 shall remain available until expended for plans, construction and improvement of facilities, without regard to limitations contained herein:</proviso> <proviso><i>Provided further</i>, That this appropriation shall be available for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100:</proviso> <proviso><i>Provided further</i>, That, in addition, in emergencies which threaten the livestock or poultry industries of the country, the Secretary <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t21/s129">21 USC 129</ref>.</p></sidenote> may transfer from other appropriations or funds available to the<page identifier="/us/stat/88/1825">88 <inline class="smallCaps">Stat</inline>. 1825</page> agencies or corporations of the Department such sums as he may deem necessary, to be available only in such emergencies for the arrest and eradication of foot-and-mouth disease, rinderpest, contagious pleuropneumonia, or other contagious or infectious diseases of animals, or European fowl pest and similar diseases in poultry, and for expenses in accordance with the Act of February 28, 1947, as amended, and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t21/s114b">21 USC 114b</ref>.</p></sidenote> any unexpended balances of funds transferred for such emergency purposes in the next preceding fiscal year shall be merged with such transferred amounts</proviso>.</content> </appropriations> <appropriations level="small"> <heading>cooperative state research service</heading> <content>For payments to agricultural experiment stations, for grants for cooperative forestry and other research, for facilities, and for other expenses, including $77,036,000 to carry into effect the provisions of the Hatch Act, approved March 2, 1887, as amended by the Act approved August 11, 1955 (7 U.S.C. 361a–361i), and further amended by Public Law 92–318 approved June 23, 1972, including administration by the United States Department of Agriculture, and penalty mail costs of agricultural experiment stations under section 6 of the Hatch Act of 1887, as amended; $7,070,000 for grants for <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s361f">7 USC 361f</ref>.</p></sidenote> cooperative forestry research under the Act approved October 10, 1962 (16 U.S.C. 582a—582a–7), as amended by Public Law 92–318 approved June 23, 1972; $15,224,000, in addition to funds otherwise available for contracts and grants for scientific research under the Act of August 4, 1965 (7 U.S.C. 450i); $1,500,000 for Rural Development Research as authorized under the Rural Development Act of 1972 (7 U.S.C. 2661–2668), including <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1921">7 USC 1921 note</ref>.</p></sidenote> administrative expenses; and $858,000 for necessary expenses of the Cooperative State Research Service, including administration of payments to State agricultural experiment stations, funds for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 for employment under 5 U.S.C. 3109; in all $101,688,000.</content> </appropriations> <appropriations level="small"> <heading>extension service</heading> <content> <p class="inline">Payments to States, Puerto Rico, Guam, and the Virgin Islands: For payments for cooperative agricultural extension work under the Smith-Lever Act, as amended by the Act of June 26, 1953, the Act of August 11, 1955, the Act of October 5, 1962 (7 U.S.C. 341–349), and section 506 of the Act of June 23, 1972, to be distributed under <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/86/350">86 stat. 350</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s343">7 USC 343</ref>.</p></sidenote> sections 3(b) and 3(c) of the Act, for retirement and employees’ compensation costs for extension agents, and for costs of penalty mail for cooperative extension agents and State extension directors, $145,828,000; payments for the nutrition and family education program for low-income areas under section 3(d) of the Act, $50,560,000; payments for extension work by the colleges receiving the benefits of the second Morrill Act (7 U.S.C. 321–326, 328) and Tuskegee Institute under section 3(d) of the Act, $6,450,000; payments for rural development work under section 3(d) of the Act, $1,000,000; payments for the pest management program under section 3(d) of the Act, $1,735,000; payments for the farm safety program under section 3(d) of the Act, $765,000; payments and contracts for such work under section 204(b)–205 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623–1624), $1,450,000; and payments for extension work under section 109 of the District of Columbia Public Education Act, as added by the Act of June 20, 1968, and amended by the Act of January 5, 1971 (D.C. Code 31–1609), $860,000; and $1,500,000 for<page identifier="/us/stat/88/1826">88 <inline class="smallCaps">Stat</inline>. 1826</page> Rural Development Education as authorized under the Rural <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1921">7 USC 1921 note</ref>.</p></sidenote> Development Act of 1972 (7 U.S.C. 2661–2668); in all, $210,148,000: <i>Provided</i>, That funds hereby appropriated pursuant to section 3(c) of the Act of June 26, 1963, and section 506 of the Act of June 23,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s343">7 USC 343</ref>.</p></sidenote> 1972, shall not be paid to any State, Puerto Rico, Guam, and the Virgin Islands prior to availability of an equal sum from non-Federal sources<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/86/350">86 Stat. 350</ref>.</p></sidenote> for expenditure during the current fiscal year.</p> <p class="indent0 firstIndent1 fontsize10">Federal administration and coordination: For administration of the Smith-Lever Act, as amended by the Act of June 26, 1953, the Act of August 11, 1955, the Act of October 5, 1962 (7 U.S.C. 341–349), and section 506 of the Act of June 23, 1972, and extension aspects of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627), the District of Columbia Public Education Act, as added by the Act of June 20,<sidenote><p class="firstIndent1 fontsize8">D.C. Code 31–1601 note.</p></sidenote> 1968, and amended by the Act of January 5, 1971 (D.C. Code 31–1609), and the Rural Development Act of 1972 (7 U.S.C. 2661–2668) and to coordinate and provide program leadership for the extension work of the Department and the several States and insular possessions, $5,209,000,</p> </content> </appropriations> <appropriations level="small"> <heading>national agricultural library</heading> <content>For necessary expenses of the National Agricultural Library, $4,793,000: <proviso><i>Provided</i>, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $35,000 shall be available for employment under 5 U.S.C. 3109:</proviso> <proviso><i>Provided further</i>, That not to exceed $100,000 shall be available pursuant to 7 U.S.C. 2250 for the alteration and repair of buildings and improvements</proviso>.</content> </appropriations> <appropriations level="small"> <heading>statistical reporting service</heading> <content>For necessary expenses of the Statistical Reporting Service in conducting statistical reporting and service work, including crop and livestock estimates, statistical coordination and improvements, and marketing surveys, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627) and other laws, $26,565,000: <proviso><i>Provided</i>, That no part of the funds herein appropriated shall be available for any expense incident to publishing estimates of apple production for<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s411b">7 USC 411b</ref>.</p></sidenote> other than the commercial crop:</proviso> <proviso><i>Provided further</i>, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000 shall be available for employment under 5 U.S.C. 3109</proviso>.</content> </appropriations> <appropriations level="small"> <heading>economic research service</heading> <content>For necessary expenses of the Economic Research Service in conducting economic research and service relating to agricultural production, marketing, and distribution, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627), and other laws, including economics of marketing; analyses relating to farm prices, income and population, and demand for farm products, use of resources in agriculture, adjustments, cost and returns in farming, and farm finance; and for analyses of supply and demand for farm products in foreign countries and their effect on prospects for United States exports, progress in economic development and its relation to sales of farm products, assembly and analysis of agricultural trade statistics and analysis of international financial and monetary programs and policies as they affect the competitive position of United States farm products; $21,649,000, of which not less than $200,000 shall be available for investigation, determination and finding as to the effect upon the production of food and upon the agricultural economy of any proposed<page identifier="/us/stat/88/1827">88 <inline class="smallCaps">Stat</inline>. 1827</page> action affecting such subject matter pending before the Administrator of the Environmental Protection Agency for presentation, in the public interest, before said administrator, other agencies or before the courts: <proviso><i>Provided</i>, That not less than $350,000 of the funds contained in this appropriation shall be available to continue to gather statistics and conduct a special study on the price spread between the farmer and consumer:</proviso> <proviso><i>Provided further</i>, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be available for employment under 5 U.S.C. 3109:</proviso> <proviso><i>Provided further</i>, That not less than $145,000 of the funds contained in this appropriation shall be available for analysis of statistics and related facts on foreign production and full and complete information on methods used by other countries to move farm commodities in world trade on a competitive basis</proviso>.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Agricultural Marketing Service</heading> <appropriations level="small"> <heading>marketing services</heading> <content>For expenses necessary to carry on services related to consumer protection, agricultural marketing and distribution, and regulatory programs, other than Packers and Stockyards Act, as authorized by law, and for administration and coordination of payments to States; including field employment pursuant to section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $45,000 for employment under 5 U.S.C. 3109; $39,526,000: <proviso><i>Provided</i>, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but unless otherwise provided, the cost of altering any one building during the fiscal year shall not exceed $7,500 or 7.5 per centum of the cost of the building, whichever is greater</proviso>.</content> </appropriations> <appropriations level="small"> <heading>payments to states and possessions</heading> <content>For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), $1,600,000.</content> </appropriations> <appropriations level="small"> <heading>funds for strengthening markets, income, and supply (section 32)</heading> <content>Funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) shall be used only for commodity program expenses as authorized therein, and other related operating expenses, except for (1) transfers to the Department of Commerce as authorized by the Fish and Wildlife Act of August 8, 1956; (2) transfers otherwise <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s742a">16 USC 742a note</ref>.</p></sidenote> provided in this Act; (3) not more than $3,888,000 for formulation and administration of marketing agreements and orders pursuant to the Agricultural Marketing Agreement Act of 1937, as amended, and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s674">7 USC 674 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1911">7 USC 1911 note</ref>.</p></sidenote> the Agricultural Act of 1961; and (4) in addition to other amounts provided in this Act, not more than $131,400,000 for (a) child feeding programs and nutritional programs authorized by law in the School Lunch Act and the Child Nutrition Act, as amended, of which <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1751/1771">42 USC 1751 and note, 1771 note</ref>.</p></sidenote> $89,600,000 shall be available for the nonschool feeding program; and (b) additional direct distribution or other programs, without regard to whether such area is under the food stamp program or a system of direct distribution, to provide, in the immediate vicinity of their place of permanent residence, either directly or through a State or local welfare agency, an adequate diet to other needy children and low-<page identifier="/us/stat/88/1828">88 <inline class="smallCaps">Stat</inline>. 1828</page>income persons determined by the Secretary of Agriculture to be suffering, through no fault of their own, from general and continued hunger resulting from insufficient food.</content> </appropriations> <appropriations level="small"> <heading>commodity exchange authority</heading> <content>For necessary expenses to carry into effect the provisions of the Commodity Exchange Act, as amended (7 U.S.C. 1–17b), including not to exceed $20,000 for employment under 5 U.S.C. 3109, $4,188,000.</content> </appropriations> <appropriations level="small"> <heading>packers and stockyards administration</heading> <content>For expenses necessary for administration of the Packers and Stockyards Act, as authorized by law, including field employment pursuant to section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $5,000 for employment under 5 U.S.C. 3109, $4,745,000.</content> </appropriations> <appropriations level="small"> <heading>farmer cooperative service</heading> <content>For necessary expenses to carry out the Act of July 2, 1926 (7 U.S.C. 451–457), and for conducting research relating to the economic and marketing aspects of farmer cooperatives, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627), $2,344,000.</content> </appropriations> <appropriations level="small"> <heading>foreign agricultural service</heading> <content>For necessary expenses for the Foreign Agricultural Service, including carrying out title VI of the Agricultural Act of 1954 (7 U.S.C. 1761–1768), market development activities abroad, and for enabling the Secretary to coordinate and integrate activities of the Department in connection with foreign agricultural work, including not to exceed $35,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), $28,895,000: <proviso><i>Provided</i>, That not less than $255,000 of the funds contained in this appropriation shall be available to obtain statistics and related facts on foreign production and full and complete information on methods used by other countries to move farm commodities in world trade on a competitive basis:</proviso> <proviso><i>Provided further</i>, That, in addition, not to exceed $2,117,000 of the funds appropriated by section 32 of the Act of August 24, 1935, as amended (7 U.S.C. 612c) shall be merged with this appropriation and shall be available for all expenses of the Foreign Agricultural Service</proviso>.</content> </appropriations> <appropriations level="small"> <heading>public law 480</heading> <content>For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years’ costs, including interest thereon, under the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1701–1710, 1721–1725, 1731–1736d), to remain available until expended, as follows: (1) sale of agricultural commodities for foreign currencies and for dollars on credit terms pursuant to title I of said Act, $425,175,000: <proviso><i>Provided</i>, That no more than 10 percent of such amount shall be made available to any one country; and (2) commodities supplied in connection with dispositions abroad, pursuant to title II of said Act, $353,298,000</proviso>.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1721">7 USC 1721</ref>.</p></sidenote></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Agricultural Stabilization and Conservation Service</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary administrative expenses of the Agricultural Stabilization and Conservation Service, including expenses to formulate and<page identifier="/us/stat/88/1829">88 <inline class="smallCaps">Stat</inline>. 1829</page> carry out programs authorized by title III of the Agricultural Adjustment Act of 1938, as amended (7 U.S.C. 1301–1393); Sugar Act of 1948, as amended (7 U.S.C. 1101–1161); sections 7 to 15, 16(a), 16(b), 16(d), 16(e), 16(f), 16(i), and 17 of the Soil Conservation and Domestic Allotment Act, as amended and supplemented (16 U.S.C. 590g–590q); the Agriculture and Consumer Protection Act of 1973 (87 Stat. 221 to 246); subtitles B and C of the Soil Bank Act (7 U.S.C. 1831–1837, 1802–1814, and 1816) ; the Water Bank Act (16 U.S.C. 1301–1311); and laws pertaining to the Commodity Credit Corporation, $157,382,000: <proviso><i>Provided</i>, That, in addition, not to exceed $69,695,000 may be transferred to and merged with this appropriation from the Commodity Credit Corporation fund (including not to exceed $31,177,000 under the limitation on Commodity Credit Corporation administrative expenses):</proviso> <proviso><i>Provided further</i>, That other funds made available to the Agricultural Stabilization and Conservation Service for authorized activities may be advanced to and merged with this appropriation:</proviso> <proviso><i>Provided further</i>, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 shall be available for employment under 5 U.S.C. 3109:</proviso> <proviso><i>Provided further</i>, That no part of the funds appropriated or made available under this Act shall be used (1) to influence the vote in any referendum; (2) to influence agricultural legislation, except as permitted in 18 U.S.C. 1913; or (3) for salaries or other expenses of members of county and community committees established pursuant to section 8(b) of the Soil Conservation and Domestic Allotment Act, as amended, for engaging in any activities other than advisory and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s590h">16 USC 590h</ref>.</p></sidenote> supervisory duties and delegated program functions prescribed in administrative regulations:</proviso> <proviso><i>Provided further</i>, That, notwithstanding any other provisions of law, employees of the Agricultural Stabilization and Conservation County Committees may be utilized for part-time and intermittent assistance to the Farmers Home Administration in carrying out its programs and this appropriation shall be available to finance such intermittent and part-time services, pending such time as the Agricultural Conservation Program (REAP) is restored as directed by the Congress</proviso>.</content> </appropriations> <appropriations level="small"> <heading>sugar act program</heading> <content>For necessary expenses to carry into effect the provisions of the Sugar Act of 1948 (7 U.S.C. 1101–1161), $85,700,000, to remain available until June 30 of the next succeeding fiscal year.</content> </appropriations> <appropriations level="small"> <heading>cropland adjustment program</heading> <content>For necessary expenses to carry into effect a cropland adjustment program as authorized by the Food and Agriculture Act of 1965 (7 U.S.C. 1838), $43,801,000.</content> </appropriations> <appropriations level="small"> <heading>dairy and beekeeper indemnity programs</heading> <content>For necessary expenses involved in making indemnity payments to dairy farmers for milk or cows producing such milk and manufacturers of dairy products who have been directed to remove their milk or milk products from commercial markets because it contained residues of chemicals registered and approved for use by the Federal Government, and to beekeepers who through no fault of their own have suffered losses as a result of the use of economic poisons which had been registered and approved for use by the Federal Government, $1,850,000, to remain available until expended: <proviso><i>Provided</i>, That none<page identifier="/us/stat/88/1830">88 <inline class="smallCaps">Stat</inline>. 1830</page> of the funds contained in this Act shall be used to make indemnity payments to any farmer whose milk was removed from commercial markets as a result of his willful failure to follow procedures prescribed by the Federal Government</proviso>.</content> </appropriations> </appropriations> <appropriations level="major"> <heading>CORPORATION</heading> <content>The following corporations and agencies are hereby authorized to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s713a–10">15 USC 713a–10</ref>.</p></sidenote> make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s849">31 USC 849</ref>.</p></sidenote> carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided:</content> </appropriations> <appropriations level="intermediate"> <heading>Federal Crop Insurance Corporation</heading> <appropriations level="small"> <heading>administrative and operating expenses</heading> <content>For administrative and operating expenses, $12,000,000.</content> </appropriations> <appropriations level="small"> <heading>federal crop insurance corporation fund</heading> <content>Not to exceed $5,643,000 of administrative and operating expenses may be paid from premium income.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Commodity Credit Corporation</heading> <appropriations level="small"> <heading>reimbursement for net realized losses</heading> <content>To reimburse the Commodity Credit Corporation for net realized losses sustained in prior years, but not previously reimbursed, pursuant to the Act of August 17, 1961 (15 U.S.C. 713a–11, 713a–12), $4,069,412,000: <i>Provided</i>, That no funds appropriated by this Act <sidenote><p class="firstIndent1 fontsize8">North Vietnam, assistance, prohibition.</p></sidenote> shall be used to formulate or administer programs for the sale of agricultural commodities pursuant to title I of Public Law 480, 83d Congress, as amended, to any nation which sells or furnishes or which<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1701">7 USC 1701</ref>.</p></sidenote> permits ships or aircraft under its registry to transport to North Vietnam any equipment, materials, or commodities so long as North Vietnam is governed by a Communist regime.</content> </appropriations> <appropriations level="small"> <heading>limitation on administrative expenses</heading> <content>Not to exceed $38,000,000 shall be available for administrative<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s713a–10">15 USC 713a–10</ref>.</p></sidenote> expenses of the Commodity Credit Corporation: <proviso><i>Provided</i>, That $945,000 and such other sums as are necessary of this authorization shall be available only to expand and strengthen the sales program of the Corporation pursuant to authority contained in the Corporation’s charter and that such funds shall be used for an agency to carry out the above activities headed by a Sales Manager who shall report directly to the Secretary or Under Secretary of Agriculture:</proviso> <proviso><i>Provided further</i>, That not less than 7 per centum of this authorization shall be placed in reserve to be apportioned pursuant to section 3679 of the Revised Statutes, as amended, for use only in such amounts and at<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s665">31 USC 665</ref>.</p></sidenote> such times as may become necessary to carry out program operations:</proviso> <proviso><i>Provided further</i>, That all necessary expenses (including legal and special services performed on a contract or fee basis, but not including other personal services) in connection with the acquisition, operation, maintenance, improvement, or disposition of any real or personal<page identifier="/us/stat/88/1831">88 <inline class="smallCaps">Stat</inline>. 1831</page> property belonging to the Corporation or in which it has an interest, including expenses of collections of pledged collateral, shall be considered as nonadministrative expenses for the purposes hereof</proviso>.</content> </appropriations> </appropriations> <num value="II">TITLE II—</num> <heading class="inline">RURAL DEVELOPMENT PEOGRAMS</heading> <appropriations level="intermediate"> <heading>Department or Agriculture</heading> <appropriations level="small"> <heading>rural development service</heading> <content>For necessary expenses, not otherwise provided for, of the Rural Development Service in providing leadership, coordination, and related services in carrying out the rural development activities of the Department of Agriculture and for carrying out the responsibilities of the Secretary of Agriculture under section 701 of the Housing Act of 1954, as amended (40 U.S.C. 461), $955,000: <proviso><i>Provided</i>, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C., 2225), and not to exceed $3,000 shall be available for employment under 5 U.S.C. 3109</proviso>.</content> </appropriations> <appropriations level="small"> <heading>rural development grants</heading> <content>For grants pursuant to section 310B(c) of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1932), $13,750,000.</content> </appropriations> <appropriations level="small"> <heading>resource conservation and development</heading> <content>For necessary expenses in planning and carrying out projects for resource conservation and development, and for sound land use, pursuant to the provisions of section 32(e) of title III of the Bankhead-Jones Farm Tenant Act, as amended (7 U.S.C. 1011; 76 Stat. 607), and the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–f), $19,868,000, to remain available until expended: <proviso><i>Provided</i>, That $3,600,000 in loans may be insured, or made to be sold and insured, under the Agricultural Credit Insurance Fund of the Farmers Home Administration (86 Stat. 663):</proviso> <proviso><i>Provided further</i>, That this appropriation shall be available for field employment pursuant to the second sentence of section 706 (a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be available for employment under 5 U.S.C. 3109</proviso>.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Rural Electrification Administration</heading> <content>To carry into effect the provisions of the Rural Electrification Act of 1936 as amended (7 U.S.C. 901–950(b)), as follows:</content> </appropriations> <appropriations level="intermediate"> <heading>Rural Electrification Administration</heading> <appropriations level="small"> <heading>rural electrification and telephone revolving fund loan authorizations</heading> <content>Insured loans pursuant to the authority of section 305 of Public Law 93–32 shall be made as follows: rural electrification loans, not <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s935">7 USC 935</ref>.</p></sidenote> less than $700,000,000, and rural telephone loans, not less than $200,000,000, to remain available until expended: <proviso><i>Provided</i>, That loans made pursuant to section 306 of that Act are in addition to these <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s936">7 USC 936</ref>.</p></sidenote> amounts</proviso>.</content> </appropriations> <page identifier="/us/stat/88/1832">88 <inline class="smallCaps">Stat</inline>. 1832</page> <appropriations level="small"> <heading>rural telephone bank</heading> <content> <p class="inline">For the purchase of Class A stock of the Rural Telephone Bank, $30,000,000, to remain available until expended (Y U.S.C. 901–950 (b)).</p> <p class="indent0 firstIndent1 fontsize10">The Rural Telephone Bank is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to such corporation in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out its authorized<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s849">31 USC 849</ref>.</p></sidenote> programs for the current fiscal year.</p> </content> </appropriations> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For administrative expenses to carry out the provisions of the Rural Electrification Act of 1936, as amended (7 U.S.C. 901–950(b)), including not to exceed $500 for financial and credit reports, funds for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $150,000 for employment under 5 U.S.C. 3109, $19,036,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Farmers Home Administration</heading> <appropriations level="small"> <heading>rural housing insurance fund</heading> <content> <p class="inline">For direct loans and related advances pursuant to section 517 (m) of the Housing Act of 1949, as amended, $20,000,000 shall be available<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1487">42 USC 1487</ref>.</p></sidenote> from funds in the rural housing insurance fund, and for insured loans as authorized by title V of the Housing Act of 1949, as amended,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1471">42 USC 1471</ref>.</p></sidenote> $2,232,000,000 of which not less than $1,346,000,000 shall be available for subsidized interest loans to low-income borrowers as determined by the Secretary: <i>Provided</i>, That the Secretary may, on an insured basis or otherwise, sell any notes in the fund or sell certificates of beneficial ownership therein to the Secretary of the Treasury, to the private market, or to such other sources as the Secretary may determine. Any sale by the Secretary of notes or of beneficial ownership therein shall be treated as a sale of assets for the purpose of the Budget and Accounting Act, 1921, notwithstanding the fact that the Secretary,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1">31 USC 1</ref>.</p></sidenote> under an agreement with the purchaser or purchasers, holds the debt instruments evidencing the loans and holds or reinvests payments thereon for the purchaser or purchasers of the notes or of the certificates of beneficial ownership therein. Hereafter, farmer applicants for direct or insured rural housing loans shall be required to provide only such collateral security as is required of owners of nonfarm tracts.</p> <p class="indent0 firstIndent1 fontsize10">For an additional amount to reimburse the rural housing insurance fund for losses sustained in prior years, but not previously reimbursed, in carrying out the provisions of title V of the Housing Act of 1949, as amended (42 U.S.C. 1483, 1487e, and 1490a (c)), including $74,893,000 as authorized by section 521(c) of the Act, $124,592,000.</p> </content> </appropriations> <appropriations level="small"> <heading>agricultural credit insurance fund</heading> <content> <p class="inline">For an additional amount to reimburse the agricultural credit insurance fund for losses sustained in prior years, but not previously reimbursed, in carrying out the provisions of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1988(a)), $485,262,000.</p> <page identifier="/us/stat/88/1833">88 <inline class="smallCaps">Stat</inline>. 1833</page> <p class="indent0 firstIndent1 fontsize10">Loans may be insured, or made to be sold and insured, under this Fund in accordance with and subject to the provisions of 7 U.S.C. 1928–1929, as follows: real estate loans, $370,000,000, including not less than $350,000,000 for farm ownership loans; operating loans, $525,000,000; and emergency loans in amounts necessary to meet the needs resulting from natural disasters: <proviso><i>Provided</i>, That the Secretary may, on an insured basis or otherwise, sell any notes in the fund or sell certificates of beneficial ownership therein to the Secretary of the Treasury, to the private market, or to such other sources as the Secretary may determine. Any sale by the Secretary of notes or of beneficial ownership therein shall be treated as a sale of assets for the purpose of the Budget and Accounting Act, 1921, notwithstanding the fact that <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1">31 USC 1</ref>.</p></sidenote> the Secretary, under an agreement with the purchaser or purchasers, holds the debt instruments evidencing the loans and holds or reinvests payments thereon for the purchaser or purchasers of the notes or of the certificates of beneficial ownership therein</proviso>.</p> </content> </appropriations> <appropriations level="small"> <heading>rural water and waste disposal grants</heading> <content>For grants pursuant to sections 306(a)(2) and 306(a)(6) of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1926), $150,000,000 to remain available until expended, pursuant to section 306(d) of the above Act, of which $120,000,000 shall be derived from the unexpended balance of amounts appropriated under this head in the fiscal year 1974, largely to meet the expanding need for areas not now covered.</content> </appropriations> <appropriations level="small"> <heading>rural housing for domestic farm labor</heading> <content>For financial assistance to public nonprofit organizations for housing for domestic farm labor, pursuant to section 516 of the Housing Act of 1949, as amended (42 U.S.C. 1486), $5,000,000, to remain available until expended.</content> </appropriations> <appropriations level="small"> <heading>mutual and self-help housing</heading> <content>For grants pursuant to section 523(b)(1) (A) of the Housing Act of 1949 (42 U.S.C. 1490c), $5,000,000, to remain available until expended.</content> </appropriations> <appropriations level="small"> <heading>rural development insurance fund</heading> <content> <p class="inline">For an additional amount to reimburse the rural development insurance fund for losses sustained in prior years, but not previously reimbursed, in carrying out the provisions of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1988(a)), $17,446,000.</p> <p class="indent0 firstIndent1 fontsize10">For loans to be insured, or made to be sold and insured, under this fund in accordance with and subject to the provisions of 7 U.S.C. 1928 and 86 Stat. 661–664, as follows: water and sewer facility loans, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1929a–1933">7 USC 1929a–1933</ref>.</p></sidenote> $470,000,000; industrial development loans, $350,000,000; and community facility loans, $200,000,000: <proviso><i>Provided</i>, That the Secretary may, on an insured basis or otherwise, sell any notes in the fund or sell certificates of beneficial ownership therein to the Secretary of the Treasury, to the private market, or to such other sources as the Secretary may determine. Any sale by the Secretary of notes or of beneficial ownership therein shall be treated as a sale of assets for the purpose of the Budget and Accounting Act, 1921, notwithstanding the fact that the Secretary, under an agreement with the purchaser or purchasers, holds the debt instruments evidencing the loans and holds or invests payments thereon for the purchaser or purchasers of the notes or of the certificates of beneficial ownership therein</proviso>.</p> </content> </appropriations> <page identifier="/us/stat/88/1834">88 <inline class="smallCaps">Stat</inline>. 1834</page> <appropriations level="small"> <heading>rural community fire protection grants</heading> <content>For grants pursuant to section 404 of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 2654), $3,500,000 to fund 50 per centum of the cost of organizing, training, and equipment for rural volunteer fire departments.</content> </appropriations> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses of the Farmers Home Administration, not otherwise provided for, in administering the programs authorized by the Consolidated Farm and Rural Development Act (7 U.S.C. 1921–1992), as amended; title V of the Housing Act of 1949, as amended (42 U.S.C. 1471–1490d); the Rural Rehabilitation Corporation Trust Liquidation Act, approved May 3, 1950 (40 U.S.C 440–444), for administering the loan program authorized by title IIIA of the Economic Opportunity Act of 1964 (Public Law 88–452, approved August 20, 1964), as amended, $127,902,000, together with not more<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2851">42 USC 2851</ref>.</p></sidenote> than $3,000,000 of the charges collected in connection with the insurance of loans as authorized by section 309 (e) of the Consolidated Farm and Rural Development Act, as amended, and sections 514(b) (3) and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1929">7 USC 1929</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1484/1487">42 USC 1484, 1487</ref>.</p></sidenote> 517(i) of the Housing Act of 1949, as amended: <proviso><i>Provided</i>, That, in addition, not to exceed $500,000 of the funds available for the various programs administered by this agency may be transferred to this appropriation for temporary field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), to meet unusual or heavy workload increases:</proviso> <proviso><i>Provided further</i>, That not to exceed $1,000,000 of this appropriation may be used for employment under 5 U.S.C 3109:</proviso> <proviso><i>Provided further</i>, That no part of any funds in this paragraph may be used to administer a program which makes rural housing grants pursuant to section 504 of the Housing Act of 1949, as amended.</proviso><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1474">42 USC 1474</ref>.</p></sidenote></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Independent Agencies</heading> <subheading>Farm Credit Administration</subheading> <appropriations level="small"> <heading>limitation on administrative expenses</heading> <content>Not to exceed $6,352,000 (from assessments collected from farm credit agencies) shall be obligated during the current fiscal year for administrative expenses, including the hire of one passenger motor vehicle.</content> </appropriations> </appropriations> <num value="III">TITLE III—</num> <heading class="inline">ENVIRONMENTAL PROGRAMS</heading> <appropriations level="intermediate"> <heading>Independent Agencies</heading> <appropriations level="small"> <heading>council on environmental quality and office of environmental quality</heading> <content>For expenses necessary for the Council on Environmental Quality and the Office of Environmental Quality, in carrying out their functions under the National Environmental Policy Act of 1969 (Public Law 91–190) and the National Environmental Improvement Act of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4321">42 USC 4321 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4371">42 USC 4371 note</ref>.</p></sidenote> 1970 (Public Law 91–224), including official reception and representation expenses (not to exceed $1,000), hire of passenger vehicles, and support of the Citizens’ Advisory Committee on Environmental Quality, $2,500,000.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/1835">88 <inline class="smallCaps">Stat</inline>. 1835</page> <appropriations level="intermediate"> <heading>Environmental Protection Agency</heading> <appropriations level="small"> <heading>agency and regional management</heading> <content> <p class="inline">For agency and regional management expenses, including official reception and representation expenses (not to exceed $2,000); hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS–18; purchase of reprints; library memberships in societies or <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> associations which issue publications to members only or at a price to members lower than to subscribers who are not members; $51,016,000.</p> <p class="indent0 firstIndent1 fontsize10">For an amount to provide for the preparation of Environmental Impact Statements as required by section 102(2) (C) of the National Environmental Policy Act on all proposed actions by the Environmental <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4332">42 USC 4332</ref>.</p></sidenote> Protection Agency, except where prohibited by law, $5,000,000.</p> </content> </appropriations> <appropriations level="small"> <heading>energy research and development</heading> <content>For energy research and development activities, including hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; uniforms, or allowances therefor, as authorized by section 5901–5902, United States Code, title 5; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate of GS–18; purchase of reprints; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; $80,000,000, to remain available until expended: <proviso><i>Provided</i>, That the amount appropriated for “Energy Research and Development” in the Special Energy Research and Development Appropriation Act, 1975, shall be merged, without limitation, with this appropriation:</proviso> <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 276.</p></sidenote> <proviso><i>Provided further</i>, That not more than $7,200,000 of the funds contained in this Act shall be used to fund the development of automotive power systems:</proviso> <proviso><i>Provided further</i>, That this appropriation shall be available only within the limits of amounts authorized by law for fiscal year 1975</proviso>.</content> </appropriations> <appropriations level="small"> <heading>research and development</heading> <content>For research and development activities, including hire of passenger motor vehicles; hire, maintenance, and operation of aircraft and the acquisition of not to exceed an additional three; uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate of GS–18; purchase of reprints; <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; $175,668,000, to remain available until expended: <proviso><i>Provided</i>, That this appropriation shall be available only within the limits of amounts authorized by law for fiscal year 1975</proviso>.</content> </appropriations> <appropriations level="small"> <heading>abatement and control</heading> <content> <p class="inline">For abatement and control activities, including hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS–18; purchase of reprints; library memberships in societies or associations<page identifier="/us/stat/88/1836">88 <inline class="smallCaps">Stat</inline>. 1836</page> which issue publications to members only or at a price to members lower than to subscribers who are not members; to remain available until expended, $276,801,000, and for liquidation of obligations incurred in carrying out section 208 of the Federal Water Pollution Control Act, as amended, $26,000,000, to remain available until<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s701t">33 USC 701t</ref>.</p></sidenote> expended: <proviso><i>Provided</i>, That this appropriation shall be available only within the limits of amounts autnorized by law for fiscal year 1975</proviso>.</p> <p class="indent0 firstIndent1 fontsize10">Not to exceed 7 per centum of any appropriation made available to the Environmental Protection Agency by this Act (except appropriations for “Construction Grants”) may be transferred to any other such appropriation.</p> </content> </appropriations> <appropriations level="small"> <heading>enforcement</heading> <content>For enforcement activities, including hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS–18; purchase<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> of reprints; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; $52,240,000.</content> </appropriations> <appropriations level="small"> <heading>buildings and facilities</heading> <content>For construction, repair, improvement, extension, alteration, and purchase of fixed equipment of facilities of or used by the Environmental Protection Agency, $1,400,000, to remain available until expended.</content> </appropriations> <appropriations level="small"> <heading>construction grants</heading> <content>For liquidation of obligations incurred pursuant to authority contained in section 203 of the Federal Water Pollution Control Act, as amended, $1,400,000,000, to remain available until expended.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s1283">33 USC 1283</ref>.</p></sidenote></content> </appropriations> <appropriations level="small"> <heading>scientific activities overseas (special foreign currency program)</heading> <content>For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the Environmental Protection Agency in the conduct of scientific activities overseas in connection with environmental pollution, as authorized by law, not to exceed $4,000,000, to remain available until expended, may be transferred from other appropriations available to the Agency, for payments in the foregoing currencies.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>National Commission on Water Quality</heading> <content>For an additional amount for the National Commission on Water Quality authorized by section 315 of the Federal Water Pollution Control Act Amendments of 1972 (86 Stat. 816–904), $4,800,000, to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s1325">33 USC 1325</ref>.</p></sidenote> remain available until expended: <proviso><i>Provided</i>, That no part of these funds shall be used to delay existing projects heretofore authorized</proviso>.</content> </appropriations> <appropriations level="intermediate"> <heading>Department of Agriculture</heading> <subheading>Soil Conservation Service</subheading> <appropriations level="small"> <heading>conservation operations</heading> <content>For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–590f), including preparation of con-<page identifier="/us/stat/88/1837">88 <inline class="smallCaps">Stat</inline>. 1837</page>servation plans and establishment of measures to conserve soil and water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant material centers; classification and mapping of soil; dissemination of information; purchase and erection or alteration of permanent buildings; and operation and maintenance of aircraft, to remain available until expended, $192,116,000: <proviso><i>Provided</i>, That the cost of any permanent building purchased, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s590e–1">16 USC 590e–1</ref>.</p></sidenote> erected, or as improved, exclusive of the cost of constructing a water supply or sanitary system and connecting the same to any such building and with the exception of buildings acquired in conjunction with land being purchased for other purposes, shall not exceed $2,500, except for one building to be constructed at a cost not to exceed $25,000 and eight buildings to be constructed or improved at a cost not to exceed $15,000 per building and except that alterations or improvements to other existing permanent buildings costing $2,500 or more may be made in any fiscal year in an amount not to exceed $500 per building:</proviso> <proviso><i>Provided further</i>, That no part of this appropriation shall be available for the construction of any such building on land not owned by the Government:</proviso> <proviso><i>Provided further</i>, That no part of this appropriation may be expended for soil and water conservation operations under the Act of April 27, 1935 (16 U.S.C. 590a–590f) in demonstration projects:</proviso> <proviso><i>Provided further</i>, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $5,000 shall be available for employment under 5 U.S.C. 3109:</proviso> <proviso><i>Provided further</i>, That qualified local engineers may be temporarily <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s590e–2">16 USC 590e–2</ref>.</p></sidenote> employed at per diem rates to perform the technical planning work of the Service</proviso>.</content> </appropriations> <appropriations level="small"> <heading>river basin surveys and investigations</heading> <content>For necessary expenses to conduct research, investigations and surveys of the watersheds of rivers and other waterways, in accordance with section 6 of the Watershed Protection and Flood Prevention Act, approved August 4, 1954, as amended (16 U.S.C. 1006), to remain available until expended, $14,122,000: <proviso><i>Provided</i>, That this appropriation shall be available for field employment pursuant to the second sentence of section 706 (a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $60,000 shall be available for employment under 5 U.S.C. 3109</proviso>.</content> </appropriations> <appropriations level="small"> <heading>watershed planning</heading> <content>For necessary expenses for small watershed investigations and planning, in accordance with the Watershed Protection and Flood Prevention Act, as amended (16 U.S.C. 1001–1008), to remain available until expended, $10,760,000: <i>Provided</i>, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be available for employment under 5 U.S.C. 3109.</content> </appropriations> <appropriations level="small"> <heading>watershed and flood prevention operations</heading> <content>For necessary expenses to carry out preventive measures, including but not limited to research, engineering operations, methods of cultivation, the growing of vegetation, and changes in use of land, in accordance with the Watershed Protection and Flood Prevention Act, approved August 4, 1954, as amended (16 U.S.C. 1001–1005, <page identifier="/us/stat/88/1838">88 <inline class="smallCaps">Stat</inline>. 1838</page> 1007–1008), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–f), and in accordance with the provisions of laws relating to the activities of the Department, to remain available until expended, $122,643,000 (of which $20,901,000 shall be available for the watersheds authorized under the Flood Control Act, approved June 22, 1936 (33 U.S.C. 701, 16 U.S.C. 1006a), as amended and supplemented): <proviso><i>Provided</i>, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $200,000 shall be available for employment under 5 U.S.C. 3109:</proviso> <proviso><i>Provided further</i>, That $20,400,000 in loans may be insured, or made to be sold and insured, under the Agricultural Credit Insurance Fund of the Farmers Home Administration (86 Stat. 663)</proviso>.</content> </appropriations> <appropriations level="small"> <heading>great plains conservation program</heading> <content>For necessary expenses to carry into effect a program of conservation in the Great Plains area, pursuant to section 16(b) of the Soil Conservation and Domestic Allotment Act, as added by the Act of August 7, 1956, as amended (16 U.S.C. 590p), $20,000,000, to remain available until expended.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Agricultural Stabilization and Conservation Service</heading> <appropriations level="small"> <heading>agricultural conservation program</heading> <content>For necessary expenses to carry into effect the program authorized in sections 7 to 15, 16 (a) , and 17 of the Soil Conservation and Domestic Allotment Act, approved February 29, 1936, as amended and supplemented (16 U.S.C. 590g–590o, 590p(a), and 590q), and sections 1001–1008, and 1010 of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973 (16 U.S.C. 1501–1508, and 1510), and including not to exceed $15,000 for the preparation and display of exhibits, including such displays at State, interstate, and international fairs within the United States, $285,500,000, to remain available until December 31 of the next succeeding fiscal year for compliance with the programs of soil-building and soil- and water-conserving practices authorized under this head in the Acts making appropriations for Agriculture-Environmental and Consumer Protection Programs, 1973 and 1974, carried out during<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/86/591">86 Stat. 591</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/87/468">87 Stat. 468</ref>.</p></sidenote> the period July 1, 1972, to December 31, 1974, inclusive: <proviso><i>Provided</i>, That none of the funds herein appropriated shall be used to pay the salaries or expenses of any regional information employees or any State information employees, but this shall not preclude the answering of inquiries or supplying of information at the county level to individual farmers:</proviso> <proviso><i>Provided further</i>, That no portion of the funds for the current year’s program may be utilized to provide financial or technical assistance for drainage on wetlands now designated as Wetland Types 3(III), 4(IV), and 5(V) in United States Department of the Interior, Fish and Wildlife Circular 39, Wetlands of the United States, 1956:</proviso> <proviso><i>Provided further</i>, That necessary amounts shall be available for administrative expenses in connection with the formulation and administration of the 1975 program of soil-building and soil- and water-conserving practices, including related wildlife conserving practices, and pollution abatement practices, under the Act of February 29, 1936, as amended (amounting to $190,000,000, excluding<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s590g">16 USC 590g</ref>.</p></sidenote> administration, except that no participant shall receive more than $2,500, except where the participants from two or more farms or ranches join to carry out approved practices designed to conserve or<page identifier="/us/stat/88/1839">88 <inline class="smallCaps">Stat</inline>. 1839</page> improve the agricultural resources of the community):</proviso> <proviso><i>Provided further</i>, That not to exceed 5 per centum of the allocation for the current year’s program for any county may, on the recommendation of such county committee and approval of the State committee, be withheld and allotted to the Soil Conservation Service for services of its technicians in formulating and carrying out the Agricultural Conservation Program in the participating counties, and shall not be utilized by the Soil Conservation Service for any purpose other than technical and other assistance in such counties, and in addition, on the recommendation of such county committee and approval of the State committee, not to exceed 1 per centum may be made available to any other Federal, State, or local public agency for the same purpose and under the same conditions:</proviso> <proviso><i>Provided further</i>, That for the current year’s program $2,500,000 shall be available for technical assistance in formulating and carrying out rural environmental practices:</proviso> <proviso><i>Provided further</i>, That such amounts shall be available for the purchase of seeds, fertilizers, lime, trees, or any other farming material, or any soil-terracing services, and making grants thereof to agricultural producers to aid them in carrying out farming practices approved by the Secretary under programs provided for herein:</proviso> <proviso><i>Provided further</i>, That no part of any funds available to the Department, or any bureau, office, corporation, or other agency constituting a part of such Department, shall be used in the current fiscal year for the payment of salary or travel expenses of any person who has been convicted of violating the Act entitled “An Act to prevent pernicious political activities”, approved August 2, 1939, as amended, or who <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/53/1147">53 Stat. 1147</ref>.</p></sidenote> has been found in accordance with the provisions of Title 18 U.S.C. 1913, to have violated or attempted to violate such section which prohibits the use of Federal appropriations for the payment of personal services or other expenses designed to influence in any manner a Member of Congress to favor or oppose any legislation or appropriation by Congress except upon request of any Member or through the proper official channels</proviso>.</content> </appropriations> <appropriations level="small"> <heading>forestry incentives program</heading> <content>For necessary expenses, not otherwise provided for, to carry out the program of forestry incentives, as authorized in sections 1009 and 1010 of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973 (16 U.S.C. 1509–1510) including technical assistance and related expenses, $25,000,000, to remain available until expended.</content> </appropriations> <appropriations level="small"> <heading>water bank program</heading> <content>For necessary expenses to carry into effect the provisions of the Water Bank Act (16 U.S.C. 1301–1311), $10,000,000, to remain available until expended.</content> </appropriations> <appropriations level="small"> <heading>emergency conservation measures</heading> <content>For emergency conservation measures, to be used for the same purposes and subject to the same conditions as funds appropriated under this head in the Third Supplemental Appropriations Act, 1967, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/71/176">71 Stat. 176</ref>.</p></sidenote> to remain available until expended, $10,000,000, with which shall be merged the unexpended balances of funds heretofore appropriated for emergency conservation measures.</content> </appropriations> </appropriations> 88 Stat. 1840 <num value="IV">TITLE IV—</num> <heading class="inline">CONSUMER PROGRAMS</heading> <appropriations level="intermediate"> <heading>Department of Health, Education, and Welfare</heading> <appropriations level="small"> <heading>office of consumer affairs</heading> <content>For necessary expenses of the Office of Consumer Affairs, including services authorized by 5 U.S.C. 3109, $1,415,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Food and Drug Administration</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses, not otherwise provided for, of the Food and Drug Administration; for payment of salaries and expenses for services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS–18; for<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> rental of special purpose space in the District of Columbia or elsewhere; for miscellaneous and emergency expenses of enforcement activities, authorized or approved by the Secretary and to be accounted for solely on his certificate, not to exceed $10,000; $195,356,000.</content> </appropriations> <appropriations level="small"> <heading>buildings and facilities</heading> <content>For construction, repair, improvement, extension, alteration, and purchase of fixed equipment of facilities of or used by the Food and Drug Administration, where not otherwise provided, $1,000,000, to remain available until expended.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>General Services Administration</heading> <appropriations level="small"> <heading>consumer information center</heading> <content>For necessary expenses of the Consumer Information Center, including services authorized by 5 U.S.C. 3109, $996,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Independent Agencies</heading> <appropriations level="small"> <heading>consumer product safety commission</heading> <content>For necessary expenses of the Consumer Product Safety Commission, including rent in the District of Columbia and hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS–18, and not to exceed $800 for official reception and representation, $37,454,000: <proviso><i>Provided</i>, That funds provided by this appropriation for laboratories shall be available only for the acquisition or conversion of existing laboratories</proviso>.</content> </appropriations> <appropriations level="small"> <heading>federal trade commission</heading> <content> <p class="inline">For necessary expenses of the Federal Trade Commission, other than line-of-business reports provided for in the following paragraphs; including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $1,500 for official reception and representation expenses; $37,593,000, of which $650,000 shall be available for development of a computerized evidentiary indexing and retrieval capability, and $1,364,000 shall be available for the congressionally-mandated study of the energy industry.</p> <page identifier="/us/stat/88/1841">88 <inline class="smallCaps">Stat</inline>. 1841</page> <p class="indent0 firstIndent1 fontsize10">$305,000, the amount of the budget request, is hereby appropriated for the purpose of collecting line-of-business data from not to exceed 500 firms, as determined by the Federal Trade Commission.</p> </content> </appropriations> <section class="firstIndent1 fontsize10"> <chapeau class="firstIndent1 fontsize10">No part of these funds may be used to pay the salary of any employee, including Commissioners, of the Federal Trade Commission who—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>uses the information provided in the line-of-business program for any purpose other than statistical purposes. Such information for carrying out specific law enforcement responsibilities of the Federal Trade Commission shall be obtained under existing practices and procedures or as changed by law; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>makes any publication whereby the line-of-business data furnished by a particular establishment or individual can be identified; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>permits anyone other than sworn officers and employees of the Federal Trade Commission to examine the line-of-business reports from individual firms.</content> </paragraph> </section> </appropriations> <appropriations level="intermediate"> <heading>Department of Agriculture</heading> <subheading>Food and Nutrition Service</subheading> <appropriations level="small"> <heading>child nutrition programs</heading> <content>For necessary expenses to carry out the provisions of the National School Lunch Act, as amended (42 U.S.C. 1751–1761); Public Law 91–248 and the applicable provisions other than section 3 of the Child Nutrition Act of 1966, as amended (42 U.S.C. 1773–1785); $1,294,630,000, of which $641,601,000 shall be derived by transfer from funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c): <proviso><i>Provided</i>, That of the foregoing total amount there shall be available $28,000,000 for the nonfood assistance program, $6,700,000 for the State administrative expenses, and $25,000,000 for special food service programs for children:</proviso> <proviso><i>Provided further</i>, That funds provided herein shall remain available until expended in accordance with section 3 of the National School Lunch Act, as amended:</proviso> <proviso><i>Provided further</i>, That no part of this appropriation <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1752">42 USC 1752</ref>.</p></sidenote> shall be used for nonfood assistance under section 6 of the National School Lunch Act, as amended:</proviso> <proviso><i>Provided <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1754">42 USC 1754</ref>.</p></sidenote> further</i>, That an additional $64,325,000 shall be transferred to this appropriation from funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), for purchase and distribution of agricultural commodities and other foods pursuant to section 6 of the National School Lunch Act, as amended:</proviso> <proviso><i>Provided further</i>, That <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1755">42 USC 1755</ref>.</p></sidenote> this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be available for employment under 5 U.S.C. 3109</proviso>.</content> </appropriations> <appropriations level="small"> <heading>special milk program</heading> <content>For necessary expenses to carry out the provisions of the special milk program, as authorized by section 3 of the Child Nutrition Act of 1966, as amended (42 U.S.C. 1772), $120,000,000.</content> </appropriations> <appropriations level="small"> <heading>food stamp program</heading> <content>For necessary expenses of the food stamp program pursuant to the Food Stamp Act of 1964, as amended, $3,989,785,000: <proviso><i>Provided</i>, That <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s2011">7 USC 2011 note</ref>.</p></sidenote> funds provided herein shall remain available until expended in accordance with Section 16 of the Food Stamp Act of 1964, as amended:</proviso> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s2025">7 USC 2025</ref>.</p></sidenote><page identifier="/us/stat/88/1842">88 <inline class="smallCaps">Stat</inline>. 1842</page> <proviso><i>Provided further</i>, That this appropriation shall be available for employment pursuant to the second sentence of Section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 shall be available for employment under 5 U.S.C. 3109:</proviso> <proviso><i>Provided further</i>, That no part of the funds appropriated by this Act shall be used during the fiscal year ending June 30, 1975 to make food stamps available to any household, to the extent that the entitlement otherwise available to such household is attributable to an individual who; (i) has reached his eighteenth birthday; (ii) is enrolled in an institution of higher education; and (iii) is properly claimed as a dependent child for Federal income tax purposes by a taxpayer who is not a member of an eligible household:</proviso> <proviso><i>Provided further</i>, That funds provided herein shall be expended in accordance with section 15(b) of the Food Stamp Act of 1964, as amended</proviso>.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s2024">7 USC 2024</ref>.</p></sidenote></content> </appropriations> </appropriations> <num value="V">TITLE V—</num> <heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num> <content>Within the unit limit of cost fixed by law, appropriations<sidenote><p class="firstIndent1 fontsize8">Passenger motor vehicles.</p></sidenote> and authorizations made for the Department of Agriculture under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed seven hundred and sixty-five (765) passenger motor vehicles, of which five hundred and thirty-five (535) shall be for replacement only, and for the hire of such vehicles.</content> </section> <section class="firstIndent1 fontsize10"> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num> <content>Funds available to the Department of Agriculture shall be available for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901–5902).</content> </section> <section class="firstIndent1 fontsize10"> <num value="503"><inline class="smallCaps">Sec</inline>. 503. </num> <content>No part of the funds appropriated by this Act shall be<sidenote><p class="firstIndent1 fontsize8">Cotton price forecast, prohibition.</p></sidenote> used for the payment of any officer or employee of the Department of Agriculture who, as such officer or employee, or on behalf of the Department or any division, commission, or bureau thereof, issues, or causes to be issued, any prediction, oral or written, or forecast, except as to damage threatened or caused by insects and pests with respect to future prices of cotton or the trend of same.</content> </section> <section class="firstIndent1 fontsize10"> <num value="504"><inline class="smallCaps">Sec</inline>. 504. </num> <content>Except to provide materials required in or incident to<sidenote><p class="firstIndent1 fontsize8">Twine.</p></sidenote> research or experimental work where no suitable domestic product is available, no part of the funds appropriated by this Act shall be expended in the purchase of twine manufactured from commodities or materials produced outside the United States.</content> </section> <section class="firstIndent1 fontsize10"> <num value="505"><inline class="smallCaps">Sec</inline>. 505. </num> <content>Not less than $1,500,000 of the appropriations of the<sidenote><p class="firstIndent1 fontsize8">Contracting, minimum sum.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1623a">7 USC 1623a</ref>.</p></sidenote> Department of Agriculture for research and service work authorized by the Acts of August 14, 1946, July 28, 1954, and September 6, 1958 (7 U.S.C. 427, 1621–1629; 42 U.S.C. 1891–1893), shall be available for contracting in accordance with said Acts.</content> </section> <section class="firstIndent1 fontsize10"> <num value="506"><inline class="smallCaps">Sec</inline>. 506. </num> <content>No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.</content> </section> <section class="firstIndent1 fontsize10"> <num value="507"><inline class="smallCaps">Sec</inline>. 507. </num> <content>No part of the funds contained in this Act may be used<sidenote><p class="firstIndent1 fontsize8">Marihuana.</p></sidenote> to make production or other payments to a person, persons, or corporations who harvest or knowingly permit to be harvested for illegal use, marihuana, or other such prohibited drug-producing plants on any part of lands owned or controlled by such persons or corporations.</content> </section> <section class="firstIndent1 fontsize10"> <num value="508"><inline class="smallCaps">Sec</inline>. 508. </num> <content>Advances of money from any appropriation for the<sidenote><p class="firstIndent1 fontsize8">Advancement of funds.</p></sidenote> Department of Agriculture may be made by authority of the Secretary of Agriculture to chiefs of field parties.</content> </section> <section class="firstIndent1 fontsize10"> <num value="509"><inline class="smallCaps">Sec</inline>. 509. </num> <content>No part of any appropriation contained in this Act shall be available for paying to the Administrator of the General Services Administration m excess of 90 percent of the standard level user<page identifier="/us/stat/88/1843">88 <inline class="smallCaps">Stat</inline>. 1843</page> charge established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended, for space <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s490">40 USC 490</ref>.</p></sidenote> and services.</content> </section> <section class="firstIndent1 fontsize10"> <num value="510"><inline class="smallCaps">Sec</inline>. 510. </num> <content> <p class="inline">No part of any funds appropriated under this Act may be used by the Environmental Protection Agency to administer any program to tax, limit, or otherwise regulate parking facilities.</p> <p class="indent0 firstIndent1 fontsize10">This Act may be cited as the “Agriculture-Environmental and Consumer <sidenote><p class="firstIndent1 fontsize8">Short title.</p></sidenote> Protection Appropriation Act, 1975”.</p> </content> </section>
Approved December 31, 1974.
Public Law 93–564: To authorize exchange of lands adjacent to the Teton National Forest in Wyoming, and for other purposes. Public Law 564 88 Stat. 1843 1974-12-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–564
An Act To authorize exchange of lands adjacent to the Teton National Forest in Wyoming, and for other purposes.

December 31, 1974

[S. 3489]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the provisions

Teton National Forest, Wyo.

Land exchange.

16 USC 485 note.

16 USC 485, 486.

7 USC 2201 note.

 of the Act of March 20, 1922 (42 Stat. 465), as amended and supplemented by the Act of February 28, 1925 (43 Stat. 1090), and the Act of June 11, 1960 (74 Stat. 205), are hereby extended to the following described lands:
Township 41 North, Range 116 West, Sixth Principal Meridian Section 34, northwest quarter southwest quarter.
Sec. 2. Lands conveyed to the United States under this Act shall, upon acceptance of title, become parts of the Teton National Forest and shall be subject to the laws, rules, and regulations applicable thereto.
Approved December 31, 1974.
Public Law 93–565: To remove the cloud on title with respect to certain lands in the State of Nevada. Public Law 565 88 Stat. 1843 1974-12-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–565
An Act To remove the cloud on title with respect to certain lands in the State of Nevada.

December 31, 1974

[S. 3518]

 Be it enacted by the Senate arid House of Representatives of the United States of America in Congress assembled,
That notwithstanding

Nevada.

Title to certain lands.

 any other provision of law, all right, title, and interest of the United States in and to all lands which the State of Nevada, prior to the date of the enactment of the Act of June 16, 1880 (21 Stat. 287), sold and patented on the basis of the grant to it under section 7 of the Act of March 21, 1964 (Nevada Enabling Act) (13 Stat. 30), shall be deemed to have been vested in the State of Nevada as of the time such lands were so sold and patented.
Sec. 2. The Secretary of the Interior is authorized to issue to the State of Nevada such documents or other instruments as may be necessary to carry out the purposes of this Act.
Approved December 31, 1974.
Public Law 93–566: To authorize the Secretary of the Interior to convey to the city of Anchorage, Alaska, interests of the United States in certain lands. Public Law 566 88 Stat. 1844 1974-12-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 1844 Public Law 93–566
An Act To authorize the Secretary of the Interior to convey to the city of Anchorage, Alaska, interests of the United States in certain lands.

December 31, 1974

[S. 194]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary

Anchorage, Alaska.

Land conveyance.

 of the Interior is authorized to transfer by quitclaim deed or other appropriate means to the city of Anchorage, Alaska, all right, title, and interest remaining in the United States in and to block 42 of Anchorage townsite (proper) which was conveyed to the city of Anchorage by patent numbered 873718 (dated July 27, 1922), and patent numbered 1117601 (dated December 8, 1943), block 52 of Anchorage townsite (proper) which was so conveyed by patent numbered 873718 (dated July 27, 1922), and lots 2, 3, and 4 of block 81 of Anchorage townsite (proper) which were conveyed by patent numbered 873718 (dated July 27, 1922).
Sec. 2. No conveyance may be made under this Act unless the city

Conditions.

 of Anchorage has shown to the satisfaction of the Secretary that— (1) the city of Anchorage will sell blocks 42, 52, and lots 2, 3, and 4 of block 81 in Anchorage townsite (proper) at not less than fair market value; (2) the proceeds from the sale thereof will be spent to acquire property located in the central business district of Anchorage townsite (proper); (3) any property acquired with such proceeds is of a similar nature as blocks 42, 52, and lots 2, 3, and 4 of block 81; (4) any property acquired with such proceeds is more suitable for municipal purposes than blocks 42, 52, and lots 2, 3, and 4 of block 81; and (5) any amount by which the proceeds from the sale of blocks 42, 52, and lots 2, 3, and 4 of block 81 exceed the purchase price of property purchased under clause (2) shall be paid to the United States.
Sec. 3. If the requirements of section 2 are satisfied, the Secretary

Agreements.

 of the Interior is authorized to enter into an agreement or agreements with the city of Anchorage, Alaska whereby, in consideration of a quitclaim deed to the city of Anchorage of all right, title, and interest remaining in the United States in and to those portions of block 42 and block 52 and lots 2, 3, and 4 of block 81 of Anchorage townsite (proper) which have been conveyed to the city of Anchorage, the city of Anchorage agrees that— (1) title to any property acquired with the proceeds of the sale of any portion of either block 42, block 52, or lots 2, 3, and 4 of block 81 as described in section 1 will vest in the United States if such property ever ceases to be used for municipal purposes; and (2) that the city of Anchorage will, within ninety days after acquiring such lands, execute a deed to this effect and deliver said deed to the Secretary of the Interior.
Approved December 31, 1974.
Public Law 93–567: To provide assistance for unemployed persons. Public Law 567 88 Stat. 1845 1974-12-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 1845 Public Law 93–567
An Act To provide assistance for unemployed persons.

December 31, 1974

[H. R. 16596]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Emergency jobs and Unemployment Assistance Act of 1974.

29 USC 961 note.

 be cited as the “Emergency Jobs and Unemployment Assistance Act of 1974”.
<num value="I">TITLE I—</num> <heading class="inline">PUBLIC SERVICE EMPLOYMENT</heading> <section> <heading class="smallCaps centered">emergency job programs authorized</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content>The Comprehensive Employment and Training Act of 1973 is amended by redesignating title VI, and all references thereto, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s981–992/801">29 USC 981–992, 801 note</ref>.</p></sidenote> as title VII, by redesignating sections 601 through 615, and all references thereto, as sections 701 through 715, respectively, and by inserting after title V the following new title: <quotedContent> <title> <num value="VI">“TITLE VI—</num> <heading class="inline">EMERGENCY JOB PROGRAMS</heading> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <section class="firstIndent1 fontsize10"> <num value="601">“<inline class="smallCaps">Sec</inline>. 601. </num> <content>There are authorized to be appropriated $2,500,000,000 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s961">29 USC 961</ref>.</p></sidenote> for fiscal year 1975 for carrying out the provisions of this title. Any amounts so appropriated for such fiscal year which are not obligated prior to the end of such fiscal year shall remain available for obligation until December 31, 1975.</content> </section> </section> <section> <heading class="smallCaps centered">“financial assistance</heading> <section class="firstIndent1 fontsize10"> <num value="602">“<inline class="smallCaps">Sec</inline>. 602. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Secretary shall enter into arrangements with <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s962">29 USC 962</ref>.</p></sidenote>eligible applicants in accordance with the provisions of this title in order to make financial assistance available for the purpose of providing transitional employment, for unemployed and underemployed persons in jobs providing needed public services, and training and manpower services related to such employment which are otherwise unavailable, and enabling such persons to move into employment not supported under this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>Not less than 90 per centum of the funds appropriated pursuant to this title which are used by an eligible applicant for public service employment programs shall be expended only for wages and employment benefits to persons employed in public service jobs pursuant to this title.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content>The provisions of section 204(d) and sections 205 through 211 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s844–851">29 USC 844–851</ref>.</p></sidenote> shall apply to financial assistance under this title.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content>In filling public service jobs with financial assistance under this title, eligible applicants shall give preferred consideration, to the maximum extent feasible and consistent with other provisions of this Act, to unemployed persons who have exhausted unemployment insurance benefits, to unemployed persons who are not eligible for unemployment insurance benefits (except for persons lacking work experience), and to unemployed persons who have been unemployed for fifteen or more weeks.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content>For purposes of this section, the term ‘eligible applicants’<sidenote><p class="firstIndent1 fontsize8">“Eligible applicants.”</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s811">29 USC 811</ref>.</p></sidenote> means prime sponsors qualified under title I and Indian tribes on Federal or State reservations.</content> </subsection> </section> </section> <page identifier="/us/stat/88/1846">88 <inline class="smallCaps">Stat</inline>. 1846</page> <section> <heading class="smallCaps centered">“allotment of funds</heading> <section class="firstIndent1 fontsize10"> <num value="603">“<inline class="smallCaps">Sec</inline>. 603.</num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content>Not less than 90 per centum of the amounts appropriated <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s963">29 USC 963</ref>.</p></sidenote> under section 601 for any fiscal year shall be allotted among eligible applicants by the Secretary in accordance with the provisions of this subsection.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content>Fifty per centum of the amount allotted under this subsection shall be allotted among eligible applicants in proportion to the relative number of unemployed persons who reside in areas within the jurisdiction of each such applicant as compared to the number of unemployed persons who reside in all such areas in all the States.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>Twenty-five per centum of the amount allotted under this subsection shall be allotted among eligible applicants in accordance with the number of unemployed persons residing in areas of substantial unemployment (as defined in section 204(c)) within the jurisdiction <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s844">29 USC 844</ref>.</p></sidenote> of the applicant compared to the number of unemployed persons residing in all such areas.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>Twenty-five per centum of the amount allotted under this subsection shall be allotted among eligible applicants on the basis of the relative excess number of unemployed persons who reside within the jurisdiction of the applicant as compared to the total excess number of unemployed persons who reside within the jurisdiction of all eligible applicants. For purposes of this subparagraph, the term<sidenote><p class="firstIndent1 fontsize8">“Excess number.”</p></sidenote> ‘excess number’ means (i) the number which represents unemployed persons in excess of 4½ per centum of the labor force in the jurisdiction of the applicant in whose jurisdiction such persons reside or (ii), in the case of an applicant which is a State, the term ‘excess number’ means such number as defined in clause (i) or the number which represents unemployed persons in excess of 4½ per centum of the labor force in areas eligible for assistance under title II located in the geographical area served by such State prime sponsor under title I or II, whichever is greater.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s811/841">29 USC 811, 841.</ref></p></sidenote></content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>The remainder of the amount appropriated under section 601 shall be available to the Secretary for financial assistance under section 602 as the Secretary deems appropriate to carry out the purposes of this title, taking into account changes in rates of unemployment.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content>For purposes of determining allocations under this section, the<sidenote><p class="firstIndent1 fontsize8">“Jurisdiction.”</p></sidenote> term ‘jurisdiction’ includes the jurisdiction of each unit of general local government as described in section 102(a)(2) whether or not<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s812">29 USC 812</ref>.</p></sidenote> such unit has entered into a combination of units of general local government for purposes of section 102(a)(3) or section 102(a)(4).</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“special provision for areas of excessively high unemployment and to expand job opportunities</heading> <section class="firstIndent1 fontsize10"> <num value="604">“<inline class="smallCaps">Sec</inline>. 604. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Funds allocated from appropriations for carrying<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s964">29 USC 964</ref>.</p></sidenote> out this title to any eligible applicant, which certifies to the Secretary that the application of the provisions of this section is necessary in order to provide sufficient job opportunities in the area served by such eligible applicant, may be used for making payments to public employers to expand the provision of job opportunities of the type described in paragraphs (3), (4), (5), and (6) of section 304(a) of this Act. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s874">29 USC 874</ref>.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">In accordance with the provisions of subsection (c), and notwithstanding the provisions of sections 602(a) and 602(b), funds allotted under section 603 to eligible applicants may be used for—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>public service employment programs without regard to the provisions of sections 205(b), 205(c)(4), 205(c)(6), 205(c)<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s845">29 USC 845</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s848">29 USC 848</ref>.</p></sidenote> (16), 205(c)(19), and 208(a)(6).</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>providing employment for persons who have been unemployed for at least 15 days without regard to the provision of sec-<page identifier="/us/stat/88/1847">88 <inline class="smallCaps">Stat</inline>. 1847</page>tion 205 (a) relating to 30 days of unemployment, if the applicant <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s845">29 USC 845</ref>.</p></sidenote> certifies that the hiring of an individual will not violate the provisions of section 205 (c) (8).</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>payment of wages (at rates not less than those prevailing <sidenote><p class="firstIndent1 fontsize8">Community capital improvement projects.</p></sidenote> on similar construction in the locality as determined by the Secretary in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a–276a–5)), for unemployed and underemployed persons <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s276a">40 USC 276a note</ref>.</p></sidenote> as employees of public employers in jobs on community capital improvement projects which would not otherwise be carried out, including the rehabilitation, alteration, or improvement of public buildings, roads and other public transportation facilities, health and education facilities, and other facilities for the improvement of the community in which the project is or will be located, and including construction, rehabilitation, alteration, or improvement of water and waste disposal facilities in communities having populations of 10,000 individuals or less which are outside the boundaries of a Standard Metropolitan Statistical Area (as defined by the Bureau of the Census).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content>The provisions of subsection (b) shall apply to any area having an unemployment rate in excess of 7 per centum, and to any area, without regard to the rate of unemployment of such area, if such area is served by a prime sponsor which qualifies under section 102(a)(4) or section 102(a)(5) or is in an area which is eligible for assistance <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s812">29 USC 812</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s841">29 USC 841</ref>.</p></sidenote> under title II and which is served by a State prime sponsor, and if the prime sponsor for such area certifies to the Secretary that the application of such provisions is necessary in order to provide sufficient job opportunities, and gives public notice of such certification.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“expenditure of funds</heading> <section class="firstIndent1 fontsize10"> <num value="605">“<inline class="smallCaps">Sec</inline>. 605. </num> <content>Funds obligated for the purposes of providing public <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s965">29 USC 965</ref>.</p></sidenote> service employment under this title may be utilized by prime sponsors for projects and activities planned to extend over a twelve-month period from the commencement of any such project or activity.</content> </section> </section> <section> <heading class="smallCaps centered">“reallocation of funds</heading> <section class="firstIndent1 fontsize10"> <num value="606">“<inline class="smallCaps">Sec</inline>. 606. </num> <content>The Secretary is authorized to make such reallocations as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s966">29 USC 966</ref>.</p></sidenote> he deems appropriate of any amount of any allocation under this title to the extent that the Secretary determines that an eligible applicant will not be able to use such amount within a reasonable period of time. Any such amount may be reallocated only if the Secretary has provided thirty days’ advance notice to the prime sponsor for such area and to the Governor of the State of the proposed reallocation, during which period of time the prime sponsor and the Governor may submit comments to the Secretary. After considering any comments submitted during such period of time, the Secretary shall notify the Governor and affected prime sponsors of any decision to reallocate funds, and shall publish any such decision in the Federal Register. Any such funds <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> shall be reallocated to other areas within the same State.”</content> </section> </section>
placement goals
Sec. 103. Section 211 of the Comprehensive Employment and Training Act of 1973 is amended by striking out “provision” in the title

29 USC 851.

 and inserting in lieu thereof “provisions”, by inserting “(a)” immediately before the first sentence, and by adding at the end thereof the following new subsection: “(b) No officer or employee of the Department of Labor shall, by regulation or otherwise, impose on any eligible applicant, as a condition for the receipt of financial assistance under this title, any requirement that any eligible applicant must place in other jobs a specific88 Stat. 1848 number or proportion of public service jobholders supported under this title. The Secretary may establish placement goals for eligible applicants, except that such goals must be identified as goals, not requirements, and any form or other document developed pursuant to such regulations shall give written notice to that effect. Any eligible

Waiver.

 applicant shall have the right, clearly stated in such regulations, to request a waiver of such goals if, in his judgment, such goals are not feasible. Such waiver, a request for which may be submitted at any time, may be granted by the Secretary where, in his judgment, local conditions warrant it. Wherever such a waiver has been granted, failure to meet placement goals shall not be cited in any official review or evaluation of that eligible applicant’s programs.”
veterans’ employment provisions
Sec. 104. (a) The Director of the Veterans’ Employment Service,

38 USC 2002 note.

 Department of Labor, established by section 2002 of title 38, United States Code, together with the Secretary and Under Secretary of Labor and such Assistant Secretaries of Labor as the Secretary may designate, shall be responsible for formulating and monitoring the implementation of all departmental policies and programs as they affect veterans, especially those relating to unemployment, job training, employment, and placement under any provision of law. (b) The Secretary of Labor, in consultation and cooperation with the Administrator of Veterans’ Affairs and the Secretary of Health, Education, and Welfare, shall provide for an outreach and public information program utilizing, to the maximum extent, the facilities of the Departments of Labor and Health, Education, and Welfare and the Veterans’ Administration in order to (A) exercise maximum efforts to produce jobs and job training opportunities for individuals who served in the Armed Forces and were discharged within 4 years before the date of their application for such jobs or job training and inform all eligible veterans about employment, job training, on-the-job training, and educational opportunities, under the Comprehensive Employment and Training Act of 1973, as amended by this Act, as

29 USC 801 note.

38 USC 101 et seq.

 provided for under title 38, United States Code, and under any other provision of law, and (B) inform all eligible applicants under the Comprehensive Employment and Training Act of 1973, Federal contractors and subcontractor’s, all Federal departments and agencies, educational institutions, labor unions, and other employers, of their responsibilities under this subsection and under all such laws, and (C) provide the entities described in clause (B) of this subsection technical assistance in carrying out those responsibilities. The Secretary

Report to congressional committees.

 of Labor, in consultation and cooperation with the Administrator of Veterans’ Affairs and the Secretary of Health, Education, and Welfare shall report to the appropriate committees of the Congress not later than 90 days after the date of enactment of this Act on the steps taken and regulations issued to carry out the provisions of this section and of section 205(c) (5) of the Comprehensive Employment and Training Act of 1973.

29 USC 845.
special report
Sec. 105. Section 209 of such Act is amended by striking out “Sec.

29 USC 849.

 209.” and inserting in lieu thereof “Sec. 209. (a)”. and by adding at the end of such section the following new subsection: “(b) In compiling the data which the Secretary is required to report to the Congress under section 208(e), the Secretary shall obtain and

29 USC 848.

 compile information on practices and procedures implemented by prime sponsors affecting average annual wage rates paid to public service job holders and public service job opportunities described88 Stat. 1849 under this title. The Secretary is authorized to make general recommendations to prime sponsors, on a regional and area basis, as he may deem appropriate, consistent with section 208(a)(3) (relating to

29 USC 848.

 the maximum annual wage rate per public service job holder), taking into account average wages in the various areas served and the cost of living in such areas, with the aim of maintaining the number of jobs on a nationwide average in federally supported wage rates equivalent to $7,800 per public service job holder.”
technical amendments
Sec. 106. (a) Section 201 of the Comprehensive Employment and Training Act of 1973 is amended by striking out the words “of substantial

29 USC 841.

 unemployment” and inserting in lieu thereof “qualifying for assistance”. (b) Section 202(a) of such Act is amended by inserting before the

29 USC 842.

 words “under this title” the following: “for use in areas of substantial unemployment”. (c) Section 204(a)(2) of such Act is amended by striking out “and

29 USC 844.

 which include areas of substantial unemployment”. (d) (1) Section 204(d) (1) of such Act is amended by striking out the words “of substantial unemployment” each place they appear and inserting “qualifying for assistance”. (2) Section 204(d) (3) of such Act is amended by striking out “of substantial unemployment” and inserting in lieu thereof “qualifying for assistance”. (e) Section 205(a) of such Act is amended by striking out “of substantial

29 USC 845.

 unemployment” and inserting in lieu thereof “qualifying for assistance”. (f) Section 205(c) (3) of such Act is amended by striking out “areas of substantial unemployment” and inserting in lieu thereof “area qualifying for assistance”. (g) Section 210 of such Act is amended by striking out “for residents

29 USC 850.

 of the areas of substantial unemployment designated under this title” and inserting in lieu thereof the following: “for residents of the area qualifying for such assistance”.
miscellaneous provisions
Sec. 107. (a) Section 701(a)(7) of such Act (as redesignated by

29 USC 981.

 section 101 of this Act) is amended by inserting after “education,” the following: “child care,”. (b) Section 701(a) (7) of such Act (as redesignated by section 101 of this Act) is further amended by inserting after “work” the following: “, including part-time work for individuals who are unable, because of age, handicap, or other factors, to work full time,”. (c) Section 701(a) of such Act (as redesignated by section 101 of this Act) is amended by inserting after paragraph (13) the following new paragraph: “(14) ‘veterans outreach’ means the veterans outreach services

“Veterans outreach.”

 program carried out under subchapter IV of chapter 3 of title 38, United States Code, with full utilization of veterans receiving

38 USC 240.

 educational assistance or vocational rehabilitation under chapter 31 or 34 of such title 38.”

38 USC 1501, 1651.

29 USC 983.

 (d) Section 703(1) of such Act (as redesignated by section 101 of this Act) is amended by inserting after “sex,” the following: “age,”.
national advisory council on vocational education
Sec. 108. Section 104(a) of the Vocational Education Act of 1963 (as amended) is amended by adding at the end thereof a new paragraph

20 USC 1244.

 as follows: 88 Stat. 1850 “(6) The National Council may accept gifts or grants and may accept transfer of funds from other departments or agencies.”.
<num value="II">TITLE II—</num> <heading class="inline">SPECIAL UNEMPLOYMENT ASSISTANCE PROGRAM</heading> <section> <heading class="smallCaps centered">statement of purpose</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content>It is the purpose of this title to establish a temporary<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s3304">26 USC 3304 note</ref>.</p></sidenote> Federal program of special unemployment assistance for workers who are unemployed during a period of aggravated unemployment and who are not otherwise eligible for unemployment allowances under any other law.</content> </section> </section> <section> <heading class="smallCaps centered">grants to states: agreement with states</heading> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content>Each State which enters into an agreement with the Secretary <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s3304">26 USC 3304 note</ref>.</p></sidenote> of Labor, pursuant to which it makes payments of special unemployment assistance in accordance with the provisions of this title and the rules and regulations prescribed by the Secretary of Labor hereunder, shall be paid by the United States from time to time, prior to audit or settlement by the General Accounting Office, such amounts as are deemed necessary by the Secretary of Labor to carry out the provisions of this title in the State. Assistance may be paid under this title to individuals only pursuant to such an agreement.</content> </section> </section> <section> <heading class="smallCaps centered">eligible individuals</heading> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <chapeau class="inline">An individual shall be eligible to receive a payment of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s3304">26 USC 3304 note</ref>.</p></sidenote> assistance or waiting period credit with respect to a week of unemployment occurring during and subsequent to a special unemployment assistance period in accordance with the provisions of this title if—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the individual is not eligible for compensation under any State or Federal unemployment compensation law (including the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.)) with respect to such week of unemployment, and is not receiving compensation with respect to such week of unemployment under the unemployment compensation law of Canada and is not eligible for assistance or an allowance payable with respect to such week of unemployment under such laws as the Public Works and Economic Development Act Amendments of 1974, the Disaster Relief Act of 1974, the Trade Expansion Act of 1962, as<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 143.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1801">19 USC 1801 note</ref>.</p></sidenote> amended, or any successor legislation or similar legislation, as determined by the Secretary: <proviso><i>Provided</i>, That the individual meets the qualifying employment and wage requirements of the applicable State unemployment compensation law in a base year which, notwithstanding the State law, shall be the fifty-two-week period preceding the first week with respect to which the individual:</proviso> (1) files a claim for assistance or waiting period credit under this title; (2) is totally or partially unemployed; and (3) meets such qualifying employment and wage requirements; and for the purpose of this proviso employment and wages which are not covered by the State law shall be treated as though they were covered, except that employment and wages covered by any State or Federal unemployment compensation law, including the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.), shall be excluded to the extent that the individual is or was entitled to compensation for unemployment thereunder on the basis of such employment and wages; and</content> </paragraph> <page identifier="/us/stat/88/1851">88 <inline class="smallCaps">Stat</inline>. 1851</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the individual is totally or partially unemployed, and is able to work, available for work, and seeking work, within the meaning of, or as required by, the applicable State unemployment compensation law, and is not subject to disqualification under that law; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>the individual has filed a claim for assistance or waiting period credit under this title; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>in the area in which the individual was last employed for at least five work days prior to filing a claim under this title for assistance or waiting period credit with respect to such week of unemployment, a special unemployment assistance period is in effect with respect to such week of unemployment: <proviso><i>Provided</i>, That if the individual, except for the imposition of a disqualification in accordance with subsection (b), was otherwise eligible for a payment of assistance or waiting period credit under this title with respect to a week of unemployment which began during a special unemployment assistance period, but did not exhaust entitlement to assistance during such period, entitlement shall continue after the end of the period but no assistance shall be paid under this title for any week of unemployment that begins more than twenty-six weeks after the end of such period;</proviso> and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content>the State in which the individual was last employed for at least five work days prior to filing a claim under this title for assistance or waiting period credit with respect to such week of unemployment, has an agreement with the Secretary of Labor under section 202 which is in effect with respect to such week of unemployment.</content> </paragraph> </section> </section> <section> <heading class="smallCaps centered">special unemployment assistance period</heading> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <subsection class="inline"> <num value="a">(a) </num> <content>A special unemployment assistance period shall commence <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s3304">26 USC 3304 note</ref>.</p></sidenote> in an area designated by the Secretary with the third week after the first week for which the Secretary determines that there is an “on” indicator for such area, and shall terminate with the third week after the first week for which the Secretary determines that there is an “off” indicator for such area except that no special unemployment assistance period shall have a duration of less than thirteen weeks.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The Secretary shall designate as an area under this section areas served by an entity which is eligible to be a prime sponsor under section 102(a) of the Comprehensive Employment and Training Act of 1973 (Public Law 93–203). <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s812">29 USC 812</ref>.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <chapeau class="inline">There is an “on” indicator in an area for a week if for the most recent three consecutive calendar months for which data are available the Secretary determines that—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>the rate (seasonally adjusted) of national unemployment averaged 6 per centum or more; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the rate of unemployment in the area averaged 6.5 per centum or more.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content>There is an “off” indicator for a week, if for the most recent three consecutive calendar months for which data are available the Secretary determines that both subsections (c)(1) and (c)(2) are not satisfied.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content>The determinations made under this section shall take into account the rates of unemployment for three consecutive months, even though any or all of such months may have occurred not more than three complete calendar months prior to the enactment of this Act.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">weekly benefit amount</heading> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The amount of assistance under this title to which an <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s3304">26 USC 3304 note</ref>.</p></sidenote> eligible individual shall be entitled for a week of unemployment shall<page identifier="/us/stat/88/1852">88 <inline class="smallCaps">Stat</inline>. 1852</page> be the weekly benefit amount for a week of unemployment that would be payable to the individual as regular compensation as computed under the provisions of the applicable State unemployment compensation law: <proviso><i>Provided</i>, That in computing the weekly benefit amount under this subsection the individual’s base year, notwithstanding the State law, shall be the fifty-two-week period preceding the first week with respect to which the individual: (1) files a claim for assistance or waiting period credit under this title; (2) is totally or partially unemployed; and (3) meets the qualifying employment and wage requirements of subsection (a) of section 203; and for the purpose of this proviso employment and wages which are not covered by the applicable State unemployment compensation law shall be treated as though they were covered, except that employment and wages covered by any State or Federal unemployment compensation law, including the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.),<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t45/s367">45 USC 367</ref>.</p></sidenote> shall be excluded to the extent that the individual is or was entitled to compensation for unemployment thereunder on the basis of such employment and wages</proviso>.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Notwithstanding any provisions of State law, claims for assistance under this title may be determined, where an employment record is not available, on the basis of an affidavit submitted by an applicant. If an applicant knowingly provides false information in such affidavit, he shall be ineligible for any assistance under this title and shall, in addition, be subject to prosecution under section 1001 of title 18, United States Code.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">maximum benefit amount</heading> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <content>The maximum amount of assistance under this title which<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s3304">26 USC 3304 note</ref>.</p></sidenote> note an eligible individual shall be entitled to receive shall be the maximum amount of regular compensation that would be payable to such individual as computed under the provisions of the applicable State unemployment compensation law, but not exceeding twenty-six times the weekly benefit amount payable to the individual for a week of total unemployment as determined under subsection (a) of section 205: <proviso><i>Provided</i>, That for the purposes of this subsection the individual’s base year, notwithstanding the State law, shall be the fifty-two-week period preceding the first week with respect to which the individual: (1) files a claim for assistance or waiting period credit under this title; (2) is totally or partially unemployed; and (3) meets the qualifying employment and wage requirements of section 203(a); and for the purpose of this proviso employment and wages which are not covered by the State law shall be treated as though they were covered, except that employment and wages covered by any State or Federal unemployment compensation law, including the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.), shall be excluded to the extent that the individual is or was entitled to compensation for unemployment thereunder on the basis of such employment and wages</proviso>.</content> </section> </section> <section> <heading class="smallCaps centered">applicable state law provisions</heading> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num> <content>Except where inconsistent with the provisions of this title,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s3304">26 USC 3304 note</ref>.</p></sidenote> the terms and conditions of the applicable State unemployment compensation law which apply to claims thereunder for regular compensation and the payment thereof shall apply to claims for assistance under this title and the payment thereof.</content> </section> </section> <section> <heading class="smallCaps centered">termination date</heading> <section class="firstIndent1 fontsize10"> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num> <content>Notwithstanding any other provisions of this title, no payment <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s3304">26 USC 3304 note</ref>.</p></sidenote> of assistance under this title shall be made to any individual with<page identifier="/us/stat/88/1853">88 <inline class="smallCaps">Stat</inline>. 1853</page> respect to any week of unemployment ending after March 31, 1976; and no individual shall be entitled to any compensation with respect to any initial claim for assistance or waiting period credit made after December 31, 1975.</content> </section> </section> <section> <heading class="smallCaps centered">authorization of appropriations</heading> <section class="firstIndent1 fontsize10"> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num> <content>There are hereby authorized to be appropriated for purposes <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s3304">26 USC 3304 note</ref>.</p></sidenote> of this title such sums as may be necessary.</content> </section> </section> <section> <heading class="smallCaps centered">definitions</heading> <section class="firstIndent1 fontsize10"> <num value="210"><inline class="smallCaps">Sec</inline>. 210. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">As used in the title, the term—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s3304">26 USC 3304 note</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>“Secretary” means the Secretary of Labor;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>“State” means the States of the United States, the District of Columbia, Puerto Rico, and the Virgin Islands;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>“applicable State unemployment compensation law” means the law of the State in which the individual was last employed for at least five work days prior to filing a claim for assistance or waiting period credit under this title; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>“week” means a calendar week.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Assistance under this title shall not be considered to be regular compensation for purposes of qualifying for benefits under the Federal-State Extended Unemployment Compensation Act of 1970, and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s3304">26 USC 3304 note</ref>.</p></sidenote> claims filed under this title shall not be treated as claims for weeks of unemployment for purposes of determining the rate of insured unemployment under section 203 (f) (1) of such Act. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s3304">26 USC 3304 note</ref>.</p></sidenote></content> </subsection> </section> </section> <num value="III">TITLE III—</num> <heading class="inline">JOB OPPORTUNITIES PROGRAM</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <content>The Public Works and Economic Development Act of 1965 is amended by adding at the end thereof the following new title: <quotedContent> <num value="X">“TITLE X—</num> <heading class="inline">JOB OPPORTUNITIES PROGRAM</heading> <section> <heading class="smallCaps centered">“statement of purpose</heading> <section class="firstIndent1 fontsize10"> <num value="1001">“<inline class="smallCaps">Sec</inline>. 1001. </num> <content>It is the purpose of this title to provide emergency financial <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3246">42 USC 3246</ref>.</p></sidenote> assistance to stimulate, maintain or expand job creating activities in areas, both urban and rural, which are suffering from unusually high levels of unemployment.</content> </section> </section> <section> <heading class="smallCaps centered">“definitions</heading> <section class="firstIndent1 fontsize10"> <num value="1002">“<inline class="smallCaps">Sec</inline>. 1002. </num> <chapeau class="inline">For the purpose of this title—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3246a">42 USC 3246a</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">the term ‘eligible area’ means—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content>any area, which the Secretary of Labor designates as an area which has a rate of unemployment, equal to or in excess of 6.5 per centum for three consecutive months.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content>any area designated pursuant to section 204(c) of the Comprehensive Employment and Training Act of 1973, and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s844">29 USC 844</ref>.</p></sidenote></content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content>any area which is designated by the Secretary of Commerce pursuant to section 401 of the Public Works and Economic Development Act of 1965 as a redevelopment area. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3161">42 USC 3161</ref>.</p></sidenote></content> </subparagraph> </paragraph> </section> </section> <section> <heading class="smallCaps centered">“program authorized</heading> <section class="firstIndent1 fontsize10"> <num value="1003">“<inline class="smallCaps">Sec</inline>. 1003. </num> <subsection class="inline"> <num value="a">(a) </num> <content>To carry out the purposes of this title, the Secretary <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3246b">42 USC 3246b.</ref></p></sidenote> of Commerce, in accordance with the provisions of this title, is authorized from funds appropriated and made available under section 1007 of this title to provide financial assistance to programs and projects<page identifier="/us/stat/88/1854">88 <inline class="smallCaps">Stat</inline>. 1854</page> identified through the review process described in section 1004 to expand or accelerate the job creating impact of such programs or projects for unemployed persons in eligible areas. Programs and projects for which funds are made available under this title shall not be approved until the officials of the appropriate units of general government in the affected area have an adequate opportunity to comment on the specific proposal.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">Whenever funds are made available by the Secretary of Commerce under this title for any program or project, the head of the department, agency, or instrumentality of the Federal Government administering the law authorizing such assistance shall, except as otherwise provided in this subsection, administer the law authorizing such assistance in accordance with all applicable provisions of that law, except provisions relating to—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>requiring allocation of funds among the States,</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>limits upon the total amount of such grants for any period, and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>the Federal contribution to any State or local government, whenever the President or head of such department, agency, or instrumentality of the Federal Government determines that any non-Federal contribution cannot reasonably be obtained by the State or local government concerned.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content>Where necessary to effectively carry out the purposes of this title, the Secretary of Commerce is authorized to initiate programs in eligible areas,</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <chapeau class="inline">In allocating funds under this title, the Secretary of Commerce<sidenote><p class="firstIndent1 fontsize8">Allocation of funds.</p></sidenote> shall give priority consideration to—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>the severity of unemployment in the area; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>the appropriateness of the proposed activity in relating to the number and needs of unemployed persons in eligible areas.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <chapeau class="inline">Notwithstanding any other provision of this title, funds allocated by the Secretary of Commerce shall be available only for programs or projects which the Secretary of Commerce and the Secretary of Labor jointly determine are programs or projects—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content>which will contribute significantly to the reduction of unemployment in the eligible area;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content>which can be initiated or strengthened promptly;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content>a substantial portion of which can be completed within 12 months after such allocation is made;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content>which are not inconsistent with locally approved comprehensive plans for the jurisdiction affected, whenever such plans exist; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content>which will be approved giving first priority to programs and projects which are most labor intensive,</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">“program review</heading> <section class="firstIndent1 fontsize10"> <num value="1004">“<inline class="smallCaps">Sec</inline>. 1004. </num> <content>Within 45 days after the date of enactment of the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3246c">42 USC 3246c</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1845.</p></sidenote> Emergency Jobs and Unemployment Assistance Act of 1974, each department, agency or instrumentality of the Federal government, and each regional commission established by section 101 of the Appalachian Regional Development Act of 1965 or pursuant to section 502 of this<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s101">40 USC app. 101</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3182">42 USC 3182</ref>.</p></sidenote> Act, shall (1) complete a review of its budget, plans and program including State, substate and local development plans filed with such department, agency or commission; (2) evaluate the job creation effectiveness of programs and projects for which funds are proposed to be obligated in calendar year 1975 and additional programs and projects for which funds could be obligated in such year with Federal financial assistance under this title; and (3) submit to the Secretary of Commerce and the Secretary of Labor recommendations for programs and projects which have the potential to stimulate the creation of<page identifier="/us/stat/88/1855">88 <inline class="smallCaps">Stat</inline>. 1855</page> jobs for unemployed persons in eligible areas. Within 30 days of the receipt of such recommendations the Secretary of Commerce and the Secretary of Labor shall jointly review such recommendations, and the Secretary of Commerce shall after consultation with such department, agency, instrumentality, and regional commissions, make allocations of funds in accordance with section 1003(e) of this title.</content> </section> </section> <section> <heading class="smallCaps centered">“limitations on use of funds</heading> <section class="firstIndent1 fontsize10"> <num value="1005">“<inline class="smallCaps">Sec</inline>. 1005. </num> <content>Fifty per centum of the funds appropriated pursuant <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3246d">42 USC 3246d</ref>.</p></sidenote> to section 1007 of this title shall be available only for programs and projects in which not more than 25 percent of such funds will be expended for necessary non-labor costs.</content> </section> </section> <section> <heading class="smallCaps centered">“rules and regulations</heading> <section class="firstIndent1 fontsize10"> <num value="1006">“<inline class="smallCaps">Sec</inline>. 1006. </num> <content>The Secretary of Commerce shall prescribe such rules, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3246e">42 USC 3246e</ref>.</p></sidenote> regulations, and procedures to carry out the provisions of this title as will assure that adequate consideration is given to the relative needs of applicants for assistance in rural eligible areas and the relative needs of applicants for assistance in urban eligible areas and to any equitable distribution of funds authorized under this title between rural and urban eligible applicants.</content> </section> </section> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <section class="firstIndent1 fontsize10"> <num value="1007">“<inline class="smallCaps">Sec</inline>. 1007. </num> <content>There are authorized to be appropriated $500,000,000 for <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3246f">42 USC 3246f</ref>.</p></sidenote> the fiscal year 1975 to carry out the provisions of this title, except that no further obligation of funds appropriated under this section may be made subsequent to a determination that the national average rate of unemployment has receded below 6.5 per centum for three consecutive calendar months as determined by the Secretary of Labor. Any amounts so appropriated for such fiscal year which are not obligated prior to the end of such fiscal year shall remain available for obligation until December 31, 1975.</content> </section> </section> <section> <heading class="smallCaps centered">“termination date</heading> <section class="firstIndent1 fontsize10"> <num value="1008">“<inline class="smallCaps">Sec</inline>. 1008. </num> <content>Notwithstanding any other provision of this title, no <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3246g">42 USC 3246g</ref>.</p></sidenote> further obligation of funds appropriated under this title shall be made by the Secretary of Commerce after December 31, 1975.”</content> </section> </section> <section class="firstIndent1 fontsize10"> <num value="302">“<inline class="smallCaps">Sec</inline>. 302. </num> <content>Section 712 of the Public Works and Economic Development Act of 1965 is amended by striking “<quotedText>or 403</quotedText>” and inserting in lieu <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3222">42 USC 3222</ref>.</p></sidenote> thereof “<quotedText>403,903, and 1003</quotedText>”.</content> </section> </quotedContent> </content> </section> Approved December 31, 1974.
Public Law 93–568: To authorize and request the President to call a White House Conference on Library and Information Services not later than 1978, and for other purposes. Public Law 568 88 Stat. 1855 1974-12-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–568
Joint Resolution To authorize and request the President to call a White House Conference on Library and Information Services not later than 1978, and for other purposes.

December 31, 1974

[S. J. Res. 40]

 Whereas access to information and ideas is indispensable to the development of human potential, the advancement of civilization, and the continuance of enlightened self-government; and 88 Stat. 1856 Whereas the preservation and the dissemination of information and ideas are the primary purpose and function of libraries and information centers; and Whereas the growth and augmentation of the Nation’s libraries and information centers are essential if all Americans are to have reasonable access to adequate services of libraries and information centers; and Whereas new achievements in technology offer a potential for enabling libraries and information centers to serve the public more fully, expeditiously, and economically; and Whereas maximum realization of the potential inherent in the use of advanced technology by libraries and information centers requires cooperation through planning for, and coordination of, the services of libraries and information centers; and Whereas the National Commission on Libraries and Information Science is developing plans for meeting national needs for library and information services and for coordinating activities to meet those needs; and Whereas productive recommendations for expanding access to libraries and information services will require public understanding and support as well as that of public and private libraries and information centers: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) the President of

White House Conference on Library and Information Services.

Authorization.

 the United States is authorized to call a White House Conference on Library and Information Services not later than 1978. (b) (1) The purpose of the White House Conference on Library Authorization and Information Services (hereinafter referred to as the “Conference”) shall be to develop recommendations for the further improvement of the Nation’s libraries and information centers and their use by the public, in accordance with the policies set forth in the preamble to this joint resolution. (2) The Conference shall be composed of, and bring together— (A) representatives of local, statewide, regional, and national institutions, agencies, organizations, and associations which provide library and information services to the public; (B) representatives of educational institutions, agencies, organizations, and associations (including professional and scholarly associations for the advancement of education and research); (C) persons with special knowledge of, and special competence in, technology as it may be used for the improvement of library and information services; and (D) representatives of Federal, State, and local governments, professional and lay people, and other members of the general public. (c) (1) The Conference shall be planned and conducted under the direction of the National Commission on Libraries and Information Science (hereinafter referred to as the “Commission”). 88 Stat. 1857 (2) In administering this joint resolution, the Commission shall— (A) when appropriate, request the cooperation and assistance of other Federal departments and agencies in order to carry out its responsibilities; (B) make technical and financial assistance (by grant, contract, or otherwise) available to the States to enable them to organize and conduct conferences and other meetings in order to prepare for the Conference; and (C) prepare and make available background materials for the use of delegates to the Conference and associated State conferences, and prepare and distribute such reports of the Conference and associated State conferences as may be appropriate. (3) (A) Each Federal department and agency is authorized and directed to cooperate with, and provide assistance to, the Commission upon its request under clause (A) of paragraph (2). For that purpose, each Federal department and agency is authorized to provide personnel to the Commission. The Commission shall be deemed to be a part of any executive or military department of which a request is made under clause (A) of paragraph (2). (B) The Librarian of Congress is authorized to detail personnel to the Commission, upon request, to enable the Commission to carry out its functions under this joint resolution, (4) In carrying out the provisions of this joint resolution, the Commission is authorized to engage such personnel as may be necessary, without regard for the provisions of title 5, United States Code,

5 USC 5101, 5331.

 governing appointments in the competitive civil service, and without regard for chapter 51, and subchapter III of chapter 53 of such title

5 USC 5101, 5331.

 relating to classification and General Schedule pay rates. (5) The Commission is authorized to publish and distribute for the Conference the reports authorized under this joint resolution. (6) Members of the Conference may, while away from their homes

Travel expenses, per diem.

 or regular places of business and attending the Conference, be allowed travel expenses, including per diem in lieu of subsistence, as may be allowed under section 5703 of title 5, United States Code, for persons serving without pay. Such expenses may be paid by way of advances, reimbursement, or in installments as the Commission may determine. (d) A final report of the Conference, containing such findings and

Report to President, transmittal to Congress.

 recommendations as may be made by the Conference, shall be submitted to the President not later than one hundred and twenty days following the close of the Conference, which final report shall be made public and, within ninety days after its receipt by the President, transmitted to the Congress together with a statement of the President containing the President’s recommendations with respect to such report. (e) (1) There is hereby established a twenty-eight member advisory

Advisory committee.

Establishment.

 committee of the Conference composed of (A) at least three members of the Commission designated by the Chairman thereof; (B) five persons designated by the Speaker of the House of Representatives with no more than three being members of the House of Representatives; (C) five persons designated by the President pro tempore of the Senate with no more than three being members of the Senate; and (D) not more than fifteen persons appointed by the President. Such advisory committee shall assist and advise the Commission in planning and conducting the Conference. The Chairman of the Commission shall serve as Chairman of the Conference. (2) The Chairman of the Commission is authorized, in his discretion, to establish, prescribe functions for, and appoint members to, such advisory and technical committees as may be necessary to assist and advise the Conference in carrying out its functions. 88 Stat. 1858 (3) Members of any committee established under this subsection who

Compensation.

 are not regular full-time officers or employees of the United States shall, while attending to the business of the Conference, be entitled to receive compensation therefor at a rate fixed by the President but not exceeding the rate of pay specified at the time of such service for grade GS–18 in section 5332 of title 5, United States Code, including

5 USC 5332 note.

 traveltime. Such members may, while away from their homes or regular places of business, be allowed travel expenses, including per diem in lieu of subsistence, as may be authorized under section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. (f) The Commission shall have authority to accept, on behalf of the Conference, in the name of the United States, grants, gifts, or bequests of money for immediate disbursement by the Commission in furtherance of the Conference. Such grants, gifts, or bequests offered the Commission, shall be paid by the donor or his representative to the Treasurer of the United States, whose receipts shall be their acquittance. The Treasurer of the United States shall enter such grants, gifts, and bequests in a special account to the credit of the Commission for the purposes of this joint resolution. (g) For the purpose of this joint resolution, the term “State”

“State.”

 includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. (h) There are authorized to be appropriated without fiscal year

Appropriation.

 limitations such sums, but not to exceed $3,500,000, as may be necessary to carry out this joint resolution. Such sums shall remain available for obligation until expended.
Sec. 2 (a) (1) (A) The first sentence of section 438(a) (1) of the

Privacy of parents and students.

 General Education Provisions Act is amended by striking out “State and local educational agency, any institution of higher education, any

Ante, p. 571.

 community college, any school agency offering a preschool program, or any other educational institution” and inserting in lieu thereof “educational agency or institution”. (B) Such first sentence is amended by striking out “attending any school of such agency, or attending such institution of higher education, community college, school, preschool, or other educational institution” and inserting in lieu thereof “who are or have been in attendance at a school of such agency or at such institution, as the case may be”. (C) The third sentence of such section is amended by striking out “recipient” and inserting in lieu thereof “educational agency or institution”. (D) Paragraph (1) of section 438(b) of such Act is amended by striking out “State or local educational agency, any institution of higher education, any community college, any school, agency offering a preschool program, or any other educational institution” and inserting in lieu thereof “educational agency or institution”. (E) Paragraph (2) of such section is amended by striking out “State and local educational agency, any institution of higher education, any community college, any school, agency offering a preschool program, or any other educational institution” and inserting in lieu thereof “educational agency or institution”. (F) Subsection (e) of section 438 of such Act is amended by striking out “unless the recipient of such funds” and inserting in lieu thereof “to any educational agency or institution unless such agency or institution”. 88 Stat. 1859 (G) Section 438(a) of such Act is amended by inserting at the end

Ante, p . 571.

 thereof the following new paragraph: “(3) For the purposes of this section the term ‘educational agency

“Educational agency or institution.

 or institution’ means any public or private agency or institution which is the recipient of funds under any applicable program.”. (2) (A) The first sentence of section 438(a)(1) of such Act is amended by striking out “any and all official records, files, and data directly related to their children, including all material that is incorporated into each student’s cumulative record folder, and intended for school use or to be available to parties outside the school or school system, and specifically including, but not necessarily limited to, identifying data, academic work completed, level of achievement (grades, standardized achievement test scores), attendance data, scores on standardized intelligence, aptitude, and psychological tests, interest inventory results, health data, family background information, teacher or counselor ratings and observations, and verified reports of serious or recurrent behavior patterns.” and inserting in lieu thereof “the education records of their children.”. (B) (i) The second sentence of such section is amended by striking out “Where such records or data include” and inserting in lieu thereof “If any material or document in the education record of a student includes”. (ii) Such second sentence is amended by striking out “any student shall be entitled to receive, or be informed of, that part of such record or data as pertains to their child” and inserting in lieu thereof “one of such students shall have the right to inspect and review only such part of such material or document as relates to such student or to be informed of the specific information contained in such part of such material”. (C) The third sentence of such section is amended by striking out “their child’s school records” and inserting in lieu thereof “the education records of their children”. (D) Section 438(b) (1) of such Act is amended by striking out “personally identifiable records or files (or personal information contained therein)” and inserting in lieu thereof “education records (or personally identifiable information contained therein other than directory information, as defined in paragraph (5) of subsection (a))”. (E) Paragraph (2) of such section is amended by striking out “furnishing, in any form, any personally identifiable information contained in personal school records, to any persons other than those listed in subsection (b) (1)” and inserting in lieu thereof “releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph (1) of this subsection.”. (F) Section 438(a) of such Act is amended by adding at the end thereof the following new paragraphs: “(4) (A) For the purposes of this section, the term ‘education records’

“Education records.”

 means, except as may be provided otherwise in subparagraph (B), those records, files, documents, and other materials which— “(i) contain information directly related to a student; and “(ii) are maintained by an educational agency or institution or by a person acting for such agency or institution. “(B) The term ‘education records’ does not include— “(i) records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute; “(ii) if the personnel of a law enforcement unit do not have access to education records under subsection (b) (1), the records88 Stat. 1860 and documents of such law enforcement unit which (I) are kept apart from records described in subparagraph (A), (II) are maintained solely for law enforcement purposes, and (III) are not made available to persons other than law enforcement officials of the same jurisdiction; “(iii) in the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business which relate exclusively to such person in that person’s capacity as an employee and are not available for use for any other purpose; or “(iv) records on a student who is eighteen years of age or older, or is attending an institution of postsecondary education, which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the student’s choice. “(5) For the purposes of this section the term ‘directory information’

“Directory information.”

 relating to a student includes the following: the student’s name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student. “(B) Any educational agency or institution making public directory information shall give public notice of the categories of information which it has designated as such information with respect to each student attending the institution or agency and shall allow a reasonable period of time after such notice has been given for a parent to inform the institution or agency that any or all of the information designated should not be released without the parent’s prior consent.”. (3) Section 438(a)(1) of such Act is amended by inserting “(A)”

Ante, p. 571.

 after section “Sec. 438. (a)(1)” and adding at the end thereof the following new subparagraph: “(B) The first sentence of subparagraph (A) shall not operate to

Certain materials, availability to students in postsecondary institutions, restriction.

 make available to students in institutions of postsecondary education following materials: “(i) financial records of the parents of the student or any information contained therein; “(ii) confidential letters and statements of recommendation, which were placed in the education records prior to January 1, 1975, if such letters or statements are not used for purposes other than those for which they were specifically intended; “(iii) if the student has signed a waiver of the student’s right of access under this subsection in accordance with subparagraph (C), confidential recommendations— “(I) respecting admission to any educational agency or institution, “(II) respecting an application for employment, and “(III) respecting the receipt of an honor or honorary recognition. “(C) A student or a person applying for admission may waive his

Waiver.

 right of access to confidential statements described in clause (iii) of subparagraph (B), except that such waiver shall apply to recommendations only if (i) the student is, upon request, notified of the88 Stat. 1861 names of all persons making confidential recommendations and (ii) such recommendations are used solely for the purpose for which they were specifically intended. Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from such agency or institution.”. (4) (A) Paragraph (2) of section 438(a) is amended by striking

Ante, p. 571.

 out that part thereof which precedes “to insure” and inserting in lieu thereof the following: “No funds shall be made available under any applicable program to any educational agency or institution unless the parents of students who are or have been in attendance at a school of such agency or at such institution are provided an opportunity for a hearing by such agency or institution, in accordance with regulations of the Secretary, to challenge the content of such student’s education records, in order”. (B) Such paragraph (2) is amended by inserting before the period at the end thereof the following: “and to insert into such records a written explanation of the parents respecting the content of such records”, (5) Section 438(a) of such Act is amended by adding at the end thereof the following new paragraph: “(6) For the purposes of this section, the term ‘student’ includes any

“Student.”

 person with respect to whom an educational agency or institution maintains education records or personally identifiable information, but does not include a person who has not been in attendance at such agency or institution.”. (6) Section 438 (b) (1) of such Act is amended by striking out “and”

Records, access.

 at the end of clause (C), by striking out the period at the end of clause (D) and inserting in lieu thereof a semicolon, and by adding at the end thereof the following new clauses: “(E) State and local officials or authorities to whom such information is specifically required to be reported or disclosed pursuant to State statute adopted prior to November 19, 1974; “(F) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted; “(G) accrediting organizations in order to carry out their accrediting functions; “(H) parents of a dependent student of such parents, as defined in section 152 of the Internal Revenue Code of 1954; and

26 USC 152.

 “(I) subject to regulations of the Secretary, in connection with an emergency, appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons.

Nothing in clause (E) of this paragraph shall prevent a State from further limiting the number or type of State or local officials who will continue to have access thereunder.”.

 (7) Section 438 (g) of such Act is amended by adding at the end

Ante, p. 571.

 thereof the following new sentence: “Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the regional offices of such Department.”. (8) (A) Paragraph (1) of section 438(b) of such Act is amended by inserting “or practice” after “which has a policy”. 88 Stat. 1862 (B) Clause (A) of section 438(b) (1) of such Act is amended by

Ante, p . 571.

 striking out “who” and inserting in lieu thereof “, who have been determined by such agency or institution to”. (C) Clause (B) of such section 438(b) (1) is amended by inserting “seeks or” after “student”. (D) The proviso in paragraph 3 of section 438(b) of such Act is

Records, accessibility for audit.

 amended to read as follows: “Provided, That except when collection of personally identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal requirements”. (9) Paragraph (4) (A) of section 438(b) of such Act is amended to read as follows: “(4) (A) Each educational agency or institution shall maintain a

Recordkeeping.

 record, kept with the education records of each student, which will indicate all individuals (other than those specified in paragraph (1) (A) of this subsection), agencies, or organizations which have requested or obtained access to a student’s education records maintained by such educational agency or institution, and which will indicate specifically the legitimate interest that each such person, agency, or organization has in obtaining this information. Such record of access shall be available only to parents, to the school official and his assistants who are responsible for the custody of such records, and to persons or organizations authorized in, and under the conditions of, clauses (A) and (C) of paragraph (1) as a means of auditing the operation of the system.”. (10) (A) Clause (C) of section 438(b) (1) of such Act is amended by striking out “section 409 of this Act” and inserting in lieu thereof “section 408(c)”.

Ante, p. 559.

 (B) Section 438(g) of such Act is amended by striking out “, according to the procedures contained in sections 434 and 437 of this Act”. (b) The amendments made by subsection (a) shall be effective, and

Effective date.

20 USC 1232g note.

 retroactive to, November 19, 1974.
Sec. 3. (a) Section 901(a) of the Education Amendments of 1972

20 USC 1681.

 is amended by striking out “and” at the end of clause (4) thereof and by striking out the period at the end of clause (5) thereof and inserting in lieu thereof “ ; and”, and by inserting at the end thereof the following new clause: “(6) This section shall not apply to membership practices—

Discrimination based on sex.

 “(A) of a social fraternity or social sorority which is exempt from taxation under section 501 (a) of the Internal Revenue Code of 1954, the active membership of which consists primarily of students in attendance at an institution of higher education, or

26 USC 501.

 “(B) of the Young Men’s Christian Association, Young Women’s Christian Association, Girl Scouts, Boy Scouts, Camp Fire Girls, and voluntary youth service organizations which are so exempt, the membership of which has traditionally been limited to persons of one sex and principally to persons of less than nineteen years of age.” (b) The provisions of the amendment made by subsection (a) shall

Effective date.

20 USC 1681 note.

 be effective on, and retroactive to, July 1, 1972.
Approved December 31, 1974.
Public Law 93–569: To amend chapter 37 of title 38, United States Code, to improve the basic provisions of the veterans home loan programs and to eliminate those provisions pertaining to the dormant farm and business loans, and for other purposes. Public Law 569 88 Stat. 1863 1974-12-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 1863 Public Law 93–569
An Act To amend chapter 37 of title 38, United States Code, to improve the basic provisions of the veterans home loan programs and to eliminate those provisions pertaining to the dormant farm and business loans, and for other purposes.

December 31, 1974

[H. R. 15912]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may be

Veterans Housing Act of 1974.

38 USC 1802 note.

 cited as the “Veterans Housing Act of 1974”.
Sec. 2. (a) Section 1802(b) of title 38, United States Code, is amended to read as follows: “(b) In computing the aggregate amount of guaranty or insurance

Basic entitlement.

 entitlement available to a veteran under this chapter, the Administrator may exclude the amount of guaranty or insurance entitlement used for any guaranteed, insured, or direct loan, if— “(1) the property which secured the loan has been disposed of by the veteran or has been destroyed by fire or other natural hazard; and “(2) the loan has been repaid in full, or the Administrator has been released from liability as to the loan, or if the Administrator has suffered a loss on such loan, the loss has been paid in full; or “(3) an immediate veteran-transferee has agreed to assume the outstanding balance on the loan and consented to the use of his entitlement, to the extent that the entitlement of the veteran-transferor had been used originally, in place of the veteran-transferor’s for the guaranteed, insured, or direct loan, and the veteran-transferee otherwise meets the requirements of this chapter.

The Administrator may, in any case involving circumstances he deems

Waiver of conditions.

appropriate, waive one or more of the conditions prescribed in clauses (1) and (2) above.”.

 (b) Clause (3) of section 1802(d) of title 38, United States Code, is amended to read as follows: “(3) by any lender approved by the Administrator pursuant to standards established by him.”. (c) Section 1803(c) of title 38, United States Code, is amended by adding at the end thereof a new paragraph as follows: “(3) This section shall not be construed to prohibit a veteran from paying to a lender any reasonable discount required by such lender, when the proceeds from the loan are to be used: “(A) to refinance indebtedness pursuant to section 1810(a)(5); “(B) to repair, alter, or improve a farm residence or other dwelling pursuant to section 1810(a)(4); “(C) to construct a dwelling or farm residence on land already owned or to be acquired by the veteran except where the land is directly or indirectly acquired from a builder or developer who has contracted to construct such dwelling for the veteran; or “(D) to purchase a dwelling from a class of sellers which the Administrator determines are legally precluded under all circumstances from paying such a discount if the best interest of the veteran would be so served.”. (d) Section 1804(c) of title 38, United States Code, is amended by inserting immediately after the second sentence a new sentence as follows: “Notwithstanding the foregoing provisions of this subsection, in the case of a loan automatically guaranteed under this chapter, the veteran shall be required to make the certification only at the time the loan is closed.”. 88 Stat. 1864 (e) Section 1804 of title 38, United States Code, is amended by striking out in subsections (b) and (d) “under section 512 of that Act”.
Sec. 3 Section 1810 of title 38, United States Code, is amended as

Condominiums, loans.

 follows: (1) by striking out in subsection (a) (5) the second sentence; (2) by adding at the end of subsection (a) a new paragraph as follows: “(6) To purchase a one-family residential unit in a new condominium housing development or project, or in a structure built and sold as a condominium, provided such development, project or structure is approved by the Administrator under such criteria as he shall prescribe.”; (3) by striking out in subsection (c) “$12,500” and inserting in lieu thereof “$17,500”; and (4) by striking out subsection (d) in its entirety.
Sec. 4. Section 1811(d) (2) (A) of title 38, United States Code, is amended by striking out “$12,500” wherever it appears and inserting in lieu thereof “$17,500"”.
Sec. 5. Section 1819 of title 38, United States Code, is amended as

Mobile home lots, loans.

 follows: (1) by inserting in subsection (a) “or the mobile home lot loan guaranty benefit, or both,” immediately after “loan guaranty benefit” each time it appears therein and by striking out “mobile home” immediately before “loan guaranteed” in the second sentence of such subsection; (2) by amending subsection (b) as follows: (A) by inserting “(1)” immediately after “(b)”; (B) by redesignating clauses (1) and (2) as clauses (A) and (B), respectively; and (C) by adding at the end thereof a new paragraph as follows: “(2) Subject to the limitations in subsection (d) of this section, a loan may be made to purchase a lot on which to place a mobile home if the veteran already has such a home. Such a loan may include an amount sufficient to pay expenses reasonably necessary for the appropriate preparation of such a lot, including, but not limited to, the installation of utility connections, sanitary facilities, and paving, and the construction of a suitable pad.”; (3) by redesignating clauses (1) and (2) of the first sentence of subsection (c) (1) as clauses (A) and (B) , respectively, and by striking out the word “and” at the end of clause (A), as redesignated, and inserting in lieu thereof “or the loan is for the purpose of purchasing a lot on which to place a mobile home previously purchased by the veteran, whether or not such mobile home was purchased with a loan guaranteed, insured or made by another Federal agency, and”; (4) by further amending paragraph (1) of subsection (c) by

Used mobile homes.

 deleting in the first sentence the clause “or for the purchase of a used mobile home which is the security for a prior loan guaranteed or made under this section or for a loan guaranteed, insured or made by another Federal agency,” and inserting in lieu thereof the following: “or for the purchase of a used mobile home which meets or exceeds minimum requirements for construction, design, and general acceptability prescribed by the Administrator,”; 88 Stat. 1865 (5) by amending the last sentence of paragraph (1) of subsection (d) to read as follows: “In the case of any lot on which to place a mobile home, whether or not the mobile home was financed with assistance under this section, and in the case of necessary site preparation, the loan amount for such purposes may not exceed the reasonable value of such lot or an amount appropriate to cover the cost of necessary site preparation or both, as determined by the Administrator.”; (6) by striking out in subsection (d) (2) all of the paragraph

Maximum permissible loan amounts.

 after “exceed—” and inserting in lieu thereof the following: “(A) $12,500 for twelve years and thirty-two days in the case of a loan covering the purchase of a single-wide mobile home only and such additional amount as is determined by the Administrator to be appropriate to cover the cost of necessaiy site preparation where the veteran owns the lot, or “(B) $20,000 for twenty years and thirty-two days in the case of a loan covering the purchase of a double-wide mobile home only and such additional amount as is determined by the Administrator to be appropriate to cover the cost of necessary site preparation where the veteran owns the lot, or “(C) $20,000 (but not to exceed $12,500 for the mobile home) for fifteen years and thirty-two days in the case of a loan covering the purchase of a single-wide mobile home and an undeveloped lot on which to place such home, which includes such amount as is determined by the Administrator to be appropriate to cover the cost of necessary site preparation, or “(D) $27,500 (but not to exceed $20,000 for the mobile home) for twenty years and thirty-two days in the case of a loan covering the purchase of a double-wide mobile home and an undeveloped lot on which to place such home, which includes such amount as is determined by the Administrator to be appropriate to cover the cost of necessary site preparation, or “(E) $20,000 (but not to exceed $12,500 for the mobile home) for fifteen years and thirty-two days in the case of a loan covering the purchase of a single-wide mobile home and a suitably developed lot on which to place such home, or “(F) $27,500 (but not to exceed $20,000 for the mobile home) for twenty years and thirty-two days in the case of a loan covering the purchase of a double-wide mobile home and a suitably developed lot on which to place such home, or “(G) $7,500 for twelve years and thirty-two days in the case of a loan covering the purchase of only an undeveloped lot on which to place a mobile home owned by the veteran, which includes such amount as is determined by the Administrator to be appropriate to cover the cost of necessary site preparation, or “(H) $7,500 for twelve years and thirty-two days in the case of a loan covering the purchase of a suitably developed lot on which to place a mobile home owned by the veteran.”; (7) by amending clause (3) of subsection (e) to read as follows: “(3) the loan is secured by a first lien on the mobile home purchased with the proceeds of the loan and on any lot acquired or improved with the proceeds of the loan;”; 88 Stat. 1866 (8) by inserting in subsection (f) “and mobile home lot loans” after “loans”; (9) by inserting in the first sentence of subsection (i) “and no loan for the purchase of a lot on which to place a mobile home owned by a veteran shall be guaranteed under this section unless the lot meets such standards prescribed for mobile home lots” after “Administrator”; (10) by inserting in subsection (n) “and mobile home lot loans” immediately after “mobile home loans”; and (11) by striking out subsection (o) in its entirety.
Sec. 6. Paragraph (5) of section 107 of the Federal Credit Union Act (12 U.S.C. 1757) is amended by inserting after the words “ten years,” the words “except that loans made in accordance with section 2(b) of the National Housing Act and section 1819 of title 38, United

42 USC 4021 note.

 States Code, may be for the maturities specified therein,”.
Sec. 7. (a) Chapter 37 of title 38, United States Code, is amended by deleting sections 1812, 1813, 1814, and 1822. (b) The table of sections at the beginning of chapter 37 of title 38, United States Code, is amended by striking out the following: “1812. “1813. “1814.

and

“1822. (c) The title of chapter 37 of title 38, United States Code, is amended by striking out “CHAPTER 37— HOME, FARM, AND BUSINESS LOANS”.

and inserting in lieu thereof

“CHAPTER 37— HOME, CONDOMINIUM, AND MOBILE HOME LOANS”; and (d) The table of chapters at the beginning of title 38, United States Code, and the table of chapters at the beginning of part III of such title are each amended by striking out “37.

and inserting in lieu thereof

“37.
Sec. 8. Chapter 37 of title 38, United States Code, is amended as follows: (1) by striking out in section 1803(a) (1) “and not more than 50 per centum of the loan if the loan is for any of the purposes specified in section 1812, 1813, or 1814 of this title”; (2) by striking out the first sentence in section 1803(b); (3) by amending paragraph (1) of section 1803(d) to read as follows: “(1) The maturity of any loan shall not be more than thirty years and thirty-two days.”; (4) by striking out the last sentence in paragraph (3) of section 1803(d); (5) by striking out the last sentence in section 1815(b); (6) by striking out in section 1818(a) “(except sections 1813 and 1816, and business loans under section 1814, of this title)”; and 88 Stat. 1867 (7) by striking out section 1818(c) in its entirety and redesignating

38 USC 1818.

 subsection (d) as subsection (c).
Sec. 9. Section 802 of title 38, United States Code, is amended by

Housing assistance for disabled veterans, limitation.

 striking out “$17,500” and inserting in lieu thereof “$25,000”.
Sec. 10. The provisions of this Act shall become effective on the date

Effective date.

38 USC 1802 note.

 of enactment except that the amendments made by sections 2(a) (3) and 2(b) and sections 3(2) and 3(4) shall become effective ninety days after such date of enactment.
Approved December 31, 1974.
Public Law 93–570: Making further continuing appropriations for the fiscal year 1975, and for other purposes. Public Law 570 88 Stat. 1867 1974-12-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–570
Joint Resolution Making further continuing appropriations for the fiscal year 1975, and for other purposes.

December 31, 1974

[H. J. Res. 1175]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That clause (c) of section

Continuing appropriations, 1975.

 102 of the joint resolution of June 30, 1974 (Public Law 93–324, as amended by Public Law 93–448), is hereby further amended by striking

Ante, pp. 284, 1363.

 out “sine die adjournment of the second session of the Ninety-third Congress” and inserting in lieu thereof “February 28, 1975”.
Sec. 2. Section 101(d) of such joint resolution is hereby amended

Ante, p. 281.

 by inserting after “all remaining activities except titles I and III(B) under the Economic Opportunity Act of 1964, as amended;” the following:

42 USC 2711, 2861.

 “activities of the Commission on Revision of the Federal Court Appellate System;”
Sec. 3. The fourth unnumbered clause of section 101(b) of such joint resolution, relating to foreign assistance and related programs

Ante, p 281.

 appropriations, is further amended by striking out the semicolon at the end thereof and inserting “: Provided further, That all of the provisions, restrictions, and prohibitions contained in the Foreign Assistance Act of 1974 and in the Foreign Assistance Act of 1961, as

Ante, p 1795.

22 USC 2151 note.

 amended, shall apply to funds made available herein for activities for which provision was made in the Foreign Assistance and Related Appropriations Act of 1974;”.

87 Stat. 1049.
Sec. 4. Such joint resolution is amended by adding at the end thereof the following new section:
“Sec. 114. Notwithstanding any other provision of this joint resolution or any other Act, including section 10 of the Foreign Military Sales Act Amendments, 1971, as amended, the following amounts are

84 Stat. 2055.

 hereby made available, in addition to funds otherwise available under this joint resolution, for the following purposes:

Security Supporting Assistance for Israel, $150,000,000;

Security Supporting Assistance for Egypt, $150,000,000;

Middle East Special Requirements Fund, $25,000,000;

Assistance to Portugal and Portuguese Colonies, $10,000,000;

Famine and Disaster Relief for Cyprus, $15,000,000;

Assistance to Refugees from the Soviet Union, $10,000,000; and

Assistance to Palestinian Refugees, $10,000,000:

 Provided, That all of the provisions, restrictions, and prohibitions contained in the Foreign Assistance Act of 1974 and in the Foreign Assistance Act of 1961, as amended, shall apply to the funds made available in this section.”.
88 Stat. 1868
Sec. 5. Section 6 of the joint resolution of October 17, 1974 (Public Law 93–448), is amended to read as follows:

Ante, p. 1363.
“Sec. 6. None of the funds herein made available shall be obligated

Turkey, military assistance, limitation.

 or expended for any military assistance, or for any sales of defense articles and services (whether for cash or by credit, guaranty, or any other means), or for any licenses with respect to the transportation of arms, ammunitions, and implements of war (including technical data related thereto) to the Government of Turkey unless and until the President determines and certifies to the Congress that the Government of Turkey is in compliance with the Foreign Assistance Act of 1961, the Foreign Military Sales Act, and any agreement entered

22 USC 2151 note, 2751 note.

 into under such Acts, and that substantial progress toward agreement has been made regarding military forces in Cyprus: Provided, That

Suspension, Presidential authority.

 the President is authorized to suspend the provisions of this section and said Acts if he determines that such suspension will further negotiations for a peaceful solution of the Cyprus conflict. Any such suspension

Effective period.

 shall be effective only until February 5, 1975, and only if, during that time, Turkey shall observe the cease-fire and shall neither increase its forces on Cyprus nor transfer to Cyprus any United States supplied implements of war.
Approved December 31, 1974.
Public Law 93–571: To authorize military band recordings in support of the American Revolution Bicentennial Public Law 571 88 Stat. 1868 1974-12-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–571
An Act To authorize military band recordings in support of the American Revolution Bicentennial

December 31, 1974

[H. R. 14401]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, notwithstanding

American Revolution Bicentennial.

Military bands, sale of recordings.

10 USC 3634 note.

 any other provision of law, the United States Army Band, United States Navy Band, United States Air Force Band, and United States Marine Band are authorized to participate in the production of a collection of recordings for commercial sale, in conjunction with the American Revolution Bicentennial.
Sec. 2. The Secretary of Defense or his designee may enter into

10 USC 3634 note.

 such contract or contracts, under such terms as the Secretary or his designee may determine to be in the best interest of the Government, for the production and sale of the collection of recordings authorized by section 1 of this Act. Sale of this collection of recordings may be made (a) at such prices as the Secretary of Defense or his designee may determine, and (b) either through commercial sources or by the Government, or both through commercial sources and by the Government.
Sec. 3. Appropriations of the Department of Defense may be reimbursed

10 USC 3634 note.

 from the proceeds of sales for expenses of production and sale of the collection of recordings authorized by this Act.
Approved December 31, 1974.
Public Law 93–572: To provide a program of emergency unemployment compensation. Public Law 572 88 Stat. 1869 1974-12-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 1869 Public Law 93–572
An Act To provide a program of emergency unemployment compensation.

December 31, 1974

[H. R. 17597]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Emergency Unemployment Compensation Act of 1974.
short title
Sec. 101. This Act may be cited as the “Emergency Unemployment Compensation Act of 1974”.

26 USC 3304 note.
federal-state agreements
Sec. 102. (a) Any State, the State unemployment compensation law

26 USC 3304 note.

 of which is approved by the Secretary of Labor (hereinafter in this Act referred to as the “Secretary”) under section 3304 of the Internal Revenue Code of 1954 which desires to do so, may enter into and

26 USC 3304.

 participate in an agreement with the Secretary under this Act, if such State law contains (as of the date such agreement is entered into) a requirement that extended compensation be payable thereunder as provided by the Federal-State Extended Unemployment Compensation Act of 1970. Any State which is a party to an agreement under

26 USC 3304 note.

 this Act may, upon providing thirty days’ written notice to the Secretary, terminate such agreement. (b) Any such agreement shall provide that the State agency of the State will make payments of emergency compensation— (1) to individuals who— (A) (i) have exhausted all rights to regular compensation under the State law; (ii) have exhausted all rights to extended compensation, or are not entitled thereto, because of the ending of their eligibility period for extended compensation, in such State; (B) have no rights to compensation (including both regular compensation and extended compensation) with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law; and (C) are not receiving compensation with respect to such week under the unemployment compensation law of the Virgin Islands or Canada, (2) for any week of unemployment which begins in— (A) an emergency benefit period (as defined in subsection (c)(3)); and (B) the individual’s period of eligibility (as defined in section 105(b)). (c) (1) For purposes of subsection (b)(1)(A), an individual shall be deemed to have exhausted his rights to regular compensation under a State law when— (A) no payments of regular compensation can be made under such law because such individual has received all regular compensation available to him based on employment or wages during his base period; or (B) his rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed. 88 Stat. 1870 (2) For purposes of subsection (b)(1)(B), an individual shall be deemed to have exhausted his rights to extended compensation under a State law when no payments of extended compensation under a State law can be made under such law because such individual has received all the extended compensation available to him from his extended compensation account (as established under State law in accordance with section 202(b)(1) of the Federal-State Extended Unemployment Compensation Act of 1970).

26 USC 3304 note.

 (3) (A) (i) For purposes of subsection (b)(2)(A), in the case of

Emergency benefit period.

 any State, an emergency benefit period— (I) shall begin with the third week after a week for which there is a State “emergency on” indicator; and (II) shall end with the third week after the first week for which there is a State “emergency off” indicator. (ii) In the case of any State, no emergency benefit period shall last for a period of less than 26 consecutive weeks. (iii) When a determination has been made that an emergency

Notice, publication in Federal Register.

 benefit period is beginning or ending with respect to any State, the Secretary shall cause notice of such determination to be published in the Federal Register. (B) (i) For purposes of subparagraph (A), there is a State “emergency on” indicator for a week if there is a State or National “on” indicator for such week (as determined under subsections (d) and (e) of section 203 of the Federal-State Extended Unemployment Compensation Act of 1970).

26 USC 3304 note.

 (ii) For purposes of subparagraph (A), there is a State “emergency off” indicator for a week if there is both a State and a National “off” indicator for such week (as determined under subsections (d) and (e) of the Federal-State Extended Unemployment Compensation Act of 1970). (d) For purposes of any agreement under this Act— (1) the amount of the emergency compensation which shall be payable to any individual for any week of total unemployment shall be equal to the amount of the regular compensation (including dependents’ allowances) payable to him during his benefit year under the State law; and (2) the terms and conditions of the State law which apply to claims for regular compensation and to the payment thereof shall (except where inconsistent with the provisions of this Act or regulations of the Secretary promulgated to carry out this Act) apply to claims for emergency compensation and the payment thereof. (e) (1) Any agreement under this Act with a State shall provide that the State will establish, for each eligible individual who files an application for emergency compensation, an emergency compensation account. (2) The amount established in such account for any individual shall

Emergency compensation account, formula.

 be equal to the lesser of— (A) 50 per centum of the total amount of regular compensation (including dependents’ allowances) payable to him with respect to the benefit year (as determined under the State law) on the basis of which he most recently received regular compensation; or (B) thirteen times his average weekly benefit amount (as determined for purposes of section 202(b) (1) (C) of the Federal-State Extended Unemployment Compensation Act of 1970) for his benefit year. (f) (1) No-emergency compensation shall be payable to any individual

Restriction.

 under an agreement entered into under this Act for any week beginning before whichever of the following is the latest: 88 Stat. 1871 (A) the first week which begins after December 31, 1974, (B) the week following the week in which such agreement is entered into, or (C) the first week which begins after the date of the enactment of this Act. (2) No emergency compensation shall be payable to any individual under an agreement entered into under this Act for any week ending after— (A) December 31, 1976, or (B) March 31, 1977, in the case of an individual who (for a week ending before January 1, 1977) had a week with respect to which emergency compensation was payable under such agreement.
payments to states having agreements for the payment of emergency compensation
Sec. 103. (a) There shall be paid to each State which has entered

26 USC 3304 note.

 into an agreement under this Act an amount equal to 100 per centum of the emergency compensation paid to individuals by the State pursuant to such agreement. (b) No payment shall be made to any State under this section in respect of compensation for which the State is entitled to reimbursement under the provisions of any Federal law other than this Act. (c) Sums payable to any State by reason of such State’s having an agreement under this Act shall be payable, either in advance or by way of reimbursement (as may be determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this Act for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that his estimates for any prior calendar month were greater or less than the amounts which would have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved.
financing provisions
Sec. 104. (a) (1) Funds in the extended unemployment compensation

26 USC 3304 note.

42 USC 1105.

 account (as established by section 905 of the Social Security Act) of the Unemployment Trust Fund shall be used for the making of payments to States having agreements entered into under this Act. (2) The Secretary shall from time to time certify to the Secretary

Payment certification.

 of the Treasury for payment to each State the sums payable to such State under this Act. The Secretary of the Treasury, prior to audit or settlement by the General Accounting Office, shall make payments to the State in accordance with such certification, by transfers from the extended unemployment compensation account (as established by section 905 of the Social Security Act) to the account of such State in the Unemployment Trust Fund. (b) There are hereby authorized to be appropriated, without fiscal year limitation, to the extended unemployment compensation account, as repayable advances (without interest), such sums as may be necessary to carry out the purposes of this Act. Amounts appropriated as repayable advances and paid to the States under section 103 shall be repaid, without interest, as provided in section 905(d) of the Social Security Act.
88 Stat. 1872
definitions
Sec. 105. For purposes of this Act—

26 USC 3304 note.

 (1) the terms “compensation”, “regular compensation”, “extended compensation”, “base period”, “benefit year”, “State”, “State agency”, “State law”, and “week” shall have the meanings assigned to them under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970;

26 USC 3304 note.

 (2) the term “period of eligibility” means, in the case of any individual, the weeks in his benefit year which begin in an extended benefit period or an emergency benefit period and, if his benefit year ends within such extended benefit period, any weeks thereafter which begin in such extended benefit period or in such emergency benefit period; and (3) the term “extended benefit period” shall have the meaning assigned to such term under section 203 of the Federal-State Extended Unemployment Compensation Act of 1970.

26 USC 3304 note.

 For purposes of any State law which refers to an extension under Federal law of the duration of benefits under the Federal-State Extended Unemployment Compensation Act of 1970, this Act shall be treated as amendatory of such Act.
extension of waiver of 120-percent requirement for purposes of extended compensation program
Sec. 106. The last sentence of section 203(e) (2) of the Federal-State Extended Unemployment Compensation Act of 1970, as amended, is

Ante, p. 420.

 amended by striking out “April 30, 1975” and inserting in lieu thereof “December 31, 1976”.
temporary reduction in national trigger
Sec. 107. Section 203(d) of the Federal-State Extended Unemployment Compensation Act of 1970 is amended by adding at the end thereof the following new sentence: “Effective with respect to compensation for weeks of unemployment beginning before December 31, 1976, and beginning after December 31, 1974 (or, if later, the date established pursuant to State law), the State may by law provide that the determination of whether there has been a national ‘on’ or ‘off’ indicator beginning or ending any extended benefit period shall be made under this subsection as if the phrase ‘4,5 per centum’, contained in paragraphs (1) and (2), read ‘4 per centum’.”
provision for financing temporary reduction in national trigger
Sec. 108. Section 204(a) of the Federal-State Extended Unemployment

26 USC 3304 note.

 Compensation Act of 1970 is amended by adding at the end thereof the following new paragraph: “(3) In the case of compensation which is sharable extended compensation or sharable regular compensation by reason of the provision contained in the last sentence of section 203(d), the first paragraph

Supra.

 of this subsection shall be applied as if the words ‘one-half of’ read ‘100 per centum of’ but only with respect to compensation that would not have been payable if the State law’s provisions as to the State ‘on’ and ‘off’ indicators omitted the 120 percent factor as provided for by Public Law 93–368 and by section 106 of this Act.”

Ante, p. 420.

26 USC 3304 note.
Approved December 31, 1974.
Public Law 93–573: To amend title 17 of the United States Code to remove the expiration date for a limited copyright in sound recordings, to increase the criminal penalties for piracy and counterfeiting of sound recordings, to extend the duration of copyright protection in certain cases, to establish a National Commission on New Technological Uses of Copyrighted Works, and for other purposes. Public Law 573 88 Stat. 1873 1974-12-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 1873 Public Law 93–573
An Act To amend title 17 of the United States Code to remove the expiration date for a limited copyright in sound recordings, to increase the criminal penalties for piracy and counterfeiting of sound recordings, to extend the duration of copyright protection in certain cases, to establish a National Commission on New Technological Uses of Copyrighted Works, and for other purposes.

December 31, 1974

[S. 3976]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Copyrights.

 <num value="I">TITLE I—</num> <heading class="inline">AMEND TITLE 17 UNITED STATES CODE, AND FOR OTHER PURPOSES</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content>Section 3 of the Act of October 15, 1971 (85 Stat, 891), <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t17/s1">17 USC 1 note</ref>.</p></sidenote> is amended by striking out “<quotedText>and before January 1, 1975</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <chapeau class="inline">Section 104 of title 17, United States Code, is amended—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>by striking out “<quotedText>Any person</quotedText>” and inserting in lieu thereof <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <content>Except as provided in subsection (b), any person”; and</content> </subsection> </quotedContent> </content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>by adding at the end thereof the following new subsection:</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content>Any person who willfully and for profit shall infringe any <sidenote><p class="firstIndent1 fontsize8">Willful infringement, penalties.</p></sidenote> copyright provided by section 1(f) of this title, or who should knowingly and willfully aid or abet such infringement, shall be fined not more than $25,000 or imprisoned not more than one year, or both, for the first offense and shall be fined not more than $50,000 or imprisoned not more than two years, or both, for any subsequent offense.”</content> </subsection> </quotedContent> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <content>Section 2318 of title 18, United States Code, is amended by striking out all after “<quotedText>fined</quotedText>” and inserting in lieu thereof “<quotedText>not more than $25,000 or imprisoned for not more than one year, or both, for the first offense and shall be fined not more than $50,000 or imprisoned not more than two years, or both, for any subsequent offense.</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <content>In any case in which the renewal term of copyright subsisting <sidenote><p class="firstIndent1 fontsize8">Renewal term, continuation.</p></sidenote> in any work on the date of approval of this bill, or the term thereof as extended by Public Law 87–668, by Public Law 89–142, by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t17/s24">17 USC 24 note</ref>.</p></sidenote> Public Law 90–141, by Public Law 90–416, by Public Law 91–147, by Public Law 91–555, by Public Law 92–170, or by Public Law 92–566 (or by all or certain of said laws), would expire prior to December 31, 1976, such term is hereby continued until December 31, 1976.</content> </section> <num value="II">TITLE II—</num> <heading class="inline">NATIONAL COMMISSION ON NEW TECHNOLOGICAL USES OF COPYRIGHTED WORKS</heading> <section> <heading class="smallCaps centered">establishment and purpose of commission</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"> <num value="a">(a) </num> <content>There is hereby created in the Library of Congress <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t17/s201">17 USC 201 note</ref>.</p></sidenote> a National Commission on New Technological Uses of Copyrighted Works (hereafter called the Commission).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">The purpose of the Commission is to study and compile data on:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">the reproduction and use of copyrighted works of authorship—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content>in conjunction with automatic systems capable of storing, processing, retrieving, and transferring information, and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content>by various forms of machine reproduction, not including reproduction by or at the request of instructors for use in face-to-face teaching activities; and</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>the creation of new works by the application or intervention of such automatic systems or machine reproduction.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>The Commission shall make recommendations as to such changes<page identifier="/us/stat/88/1874">88 <inline class="smallCaps">Stat</inline>. 1874</page> in copyright law or procedures that may be necessary to assure for such purposes access to copyrighted works, and to provide recognition of the rights of copyright owners.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">membership of the commission</heading> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Commission shall be composed of thirteen voting<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t17/s201">17 USC 201 note</ref>.</p></sidenote> members, appointed as follows:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content>Four members, to be appointed by the President, selected from authors and other copyright owners;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content>Four members, to be appointed by the President, selected from users of copyright works;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content>Four nongovernmental members to be appointed by the President, selected from the public generally, with at least one member selected from among experts in consumer protection affairs;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content>The Librarian of Congress.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The President shall appoint a Chairman, and a Vice Chairman who shall act as Chairman in the absence or disability of the Chairman or in the event of a vacancy in that office, from among the four members selected from the public generally, as provided by clause (3) of subsection (a). The Register of Copyrights shall serve ex officio as a nonvoting member of the Commission.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>Seven voting members of the Commission shall constitute a quorum.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content>Any vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment was made.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">compensation of members of commission</heading> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Members of the Commission, other than officers or<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t17/s201">17 USC 201 note</ref>.</p></sidenote> employees of the Federal Government, shall receive compensation at the rate of $100 per day while engaged in the actual performance of Commission duties, plus reimbursement for travel, subsistence, and other necessary expenses in connection with such duties.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Any members of the Commission who are officers or employees of the Federal Government shall serve on the Commission without compensation, but such members shall be reimbursed for travel, subsistence, and other necessary expenses in connection with the performance of their duties.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">staff</heading> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <subsection class="inline"> <num value="a">(a) </num> <content>To assist in its studies, the Commission may appoint<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t17/s201">17 USC 201 note</ref>.</p></sidenote> a staff which shall be an administrative part of the Library of Congress. The staff shall be headed by an Executive Director, who shall be responsible to the Commission for the Administration of the duties entrusted to the staff.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>The Commission may procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code, but at rates not to exceed $100 per day.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">expenses of the commission</heading> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <content>There are hereby authorized to be appropriated such sums <sidenote><p class="firstIndent1 fontsize8">Appropriation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t17/s201">17 USC 201 note</ref>.</p></sidenote> note as may be necessary to carry out the provisions of this title until June 30, 1976.</content> </section> </section> <page identifier="/us/stat/88/1875">88 <inline class="smallCaps">Stat</inline>. 1875</page> <section> <heading class="smallCaps centered">reports</heading> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Within one year after the first meeting of the Commission <sidenote><p class="firstIndent1 fontsize8">Reports to President and Congress.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t17/s201">17 USC 201 note</ref>.</p></sidenote> it shall submit to the President and the Congress a preliminary report on its activities.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Within three years after the enactment of this Act the Commission shall submit to the President and the Congress a final report on its study and investigation which shall include its recommendations and such proposals for legislation and administrative action as may be necessary to carry out its recommendations.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>In addition to the preliminary report and final report required by this section, the Commission may publish such interim reports as it may determine, including but not limited to consultant’s reports, transcripts of testimony, seminar reports, and other Commission findings.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">powers of the commission</heading> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num> <subsection class="inline"> <num value="a">(a) </num> <content>The Commission or, with the authorization of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t17/s201">17 USC 201 note</ref>.</p></sidenote> Commission, any three or more of its members, may, for the purpose of carrying out the provisions of this title, hold hearings, administer oaths, and require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of documentary material.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>With the consent of the Commission, any of its members may hold any meetings, seminars, or conferences considered appropriate to provide a forum for discussion of the problems with which it is dealing.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">termination</heading> <section class="firstIndent1 fontsize10"> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num> <content>On the sixtieth day after the date of the submission of its <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t17/s201">17 USC 201 note</ref>.</p></sidenote> final report, the Commission shall terminate and all offices and employment under it shall expire.</content> </section> </section> Approved December 31, 1974.
Public Law 93–574: To amend the Act of June 9, 1906, entitled “An Act granting land to the city of Albuquerque for public purposes” (34 Stat. 227), as amended. Public Law 574 88 Stat. 1875 1974-12-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–574
An Act To amend the Act of June 9, 1906, entitled “An Act granting land to the city of Albuquerque for public purposes” (34 Stat. 227), as amended.

December 31, 1974

[S. 2125]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Act of

Albuquerque, N. Mex.

Land conveyance.

64 Stat. 448.

 June 9, 1906, entitled “An Act granting land to the city of Albuquerque for public purposes” (34 Stat. 227), as amended, is further amended by adding at the end thereof the following new section:
“Sec. 3. (a) Notwithstanding the provisions of section 1 hereof, the Secretary of the Interior is authorized to transfer by quitclaim deed or other appropriate means to the city of Albuquerque, New Mexico, all right, title, and interest remaining in the United States in the following described lands:
“Parcel 1 “A parcel of land situated within the northwest quarter of section 20, township 10 north, range 4 east of the New Mexico principal meridian and within tract numbered 1 of the Municipal Addition88 Stat. 1876 numbered 2, an addition to the city of Albuquerque, New Mexico, said parcel of land being more particularly described as follows:

“Beginning at the northwest corner of said tract numbered 1, said northwest corner being the same as shown on the plat of said addition filed for record in the office of the county clerk of Bernalillo County, New Mexico, on July 12, 1955, from which point the northwest corner of said section 20 bears north 89 degrees 29 minutes 40 seconds west, a distance of 1355.11 feet;

“thence south 0 degrees 23 minutes 20 seconds west, a distance of 220.88 feet to a point on a curve on the new southerly right-of-way line of Lomas Boulevard Northeast as shown on the New Mexico State Highway Department right-of-way map for project numbered I–040–3(1)163, and the true point of beginning;

“thence southeasterly along said southerly right-of-way line on a curve (said curve being concave to the northeast, having a radius of 1461.13 feet, a central angle of 2 degrees 37 minutes 42 seconds, and a long chord which bears south 88 degrees 17 minutes 40 seconds east, a distance of 67.02 feet) a distance of 67.03 feet to a New Mexico State Highway Department right-of-way marker (station 14+47.46) and a point on the westerly right-of-way line of Herndon Street Northeast;

“thence south 1 degree 49 minutes 00 seconds west, along said westerly right-of-way line, a distance of 11.81 feet to the point of curve marked by a New Mexico State Highway Department right-of-way marker (station 0+50);

“thence southeasterly, along said westerly right-of-way line on a curve (said curve being concave to the northeast, having a radius of 330.71 feet, a central angle of 48 degrees 55 minutes 00 seconds and a long chord which bears south 22 degrees 38 minutes 30 seconds east, a distance of 273.85 feet) a distance of 282.35 feet to a New Mexico State Highway Department right-of-way marker (station 2+89.89);

“thence north 43 degrees 02 minutes 30 seconds east, along said westerly right-of-way line, a distance of 10.00 feet to a New Mexico State Highway marker (station 2+89.89) and a point on a curve;

“thence southeasterly, along said westerly right-of-way line on a curve (said curve being concave to the southwest, having a radius of 242.58 feet, a central angle of 33 degrees 46 minutes 00 seconds and a long chord which bears south 30 degrees 04 minutes 30 seconds east, a distance of 140.09 feet) a distance of 142.96 feet to a New Mexico State Highway Department right-of-way marker (station 4+56);

“thence north 64 degrees 32 minutes 30 seconds west, a distance of 278.27 feet to the westerly boundary line of said tract 1;

“thence north 0 degrees 23 minutes 20 seconds east along said westerly boundary line, a distance of 259.86 feet to the true point of beginning.

 Said parcel of land containing 0.7041 acre more or less.
“Parcel 2 “A parcel of land situated within the northeast quarter of section 20, township 10 north, range 4 east, of the New Mexico principal88 Stat. 1877 meridian and within tract 4 municipal addition numbered 2 an addition to the city of Albuquerque, New Mexico, said parcel of land being more particularly described as follows:

“Beginning at the northeast corner of tract numbered 2 said tract numbered 2 being the same as shown on the plat of said addition filed for record in the office of the county clerk of Bernalillo County, New Mexico, on July 12, 1955, from which point the northeast corner of said section 20 bears north 52 degrees 15 minutes 18 seconds east, a distance of 80.97 feet;

“thence south 1 degree 8 minutes 10 seconds east, along the westerly right-of-way line of Eubank Boulevard northeast, a distance of 208.78 feet to the true point of beginning;

“thence south 1 degree 8 minutes 10 seconds east, along said westerly right-of-way line, a distance of 150.20 feet, from which point tile State highway department right-of-way marker (station 20+00 end of construction Eubank) bears south 1 degree 8 minutes 10 seconds east, a distance of 85.18 feet;

“thence south 88 degrees 51 minutes 50 seconds west, a distance of 108.00 feet to the easterly boundary of a 10-foot public service company easement;

“thence north 1 degree 8 minutes 10 seconds west, along said easterly boundary, a distance of 150.20 feet;

“thence north 88 degrees 51 minutes 50 seconds east, a distance of 108.00 feet, to the true point of beginning.

 Said parcel of land containing 0.3724 acre more or less.
“(b) No conveyance shall be made under this section unless the city

Conditions.

 of Albuquerque has shown to the satisfaction of the Secretary of the Interior (i) that the lands described in subsection (a) are no longer suitable for park and other public purposes; (ii) that the city of Albuquerque will sell such lands at not less than fair market value; (iii) that the proceeds from the sale thereof will be spent to acquire lands located in the North Valley area of the city of Albuquerque bounded on the west by the Middle Rio Grande Conservancy District right-of-way, on the south by Candelaria Road, on the east by private residential areas along the west boundary of Rio Grande Boulevard, on the north by privately owned lands and containing 134.975 acres more or less; (iv) that any lands acquired with such proceeds are suitable for park and other public purposes; and (v) that any amount by which the proceeds from the sale of the lands described in subsection (a) exceeds the purchase price of the lands acquired will be paid to the United States. “(c) If the requirements of subsection (b) are satisfied, the Secretary

Agreements.

 is authorized to enter into an agreement or agreements with the city of Albuquerque whereby, in consideration of a quitclaim deed to the city of Albuquerque of all right, title, and interest remaining in the United States in and to the lands described in subsection (a) which have been conveyed to the city of Albuquerque, the city of Albuquerque agrees that (i) title to any lands acquired with the proceeds of the sale of the lands described in subsection (a) will vest in the United States if such acquired lands ever cease to be used for park and other public purposes, and (ii) that the city of Albuquerque will, within ninety days after acquiring such lands, execute a deed to this effect and deliver said deed to the Secretary.”.
Approved December 31, 1974.
Public Law 93–575: To authorize the Secretary of the Interior to transfer certain lands in the State of Colorado to the Secretary of Agriculture for inclusion in the boundaries of the Arapaho National Forest, Colorado. Public Law 575 88 Stat. 1878 1974-12-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 1878 Public Law 93–575
An Act To authorize the Secretary of the Interior to transfer certain lands in the State of Colorado to the Secretary of Agriculture for inclusion in the boundaries of the Arapaho National Forest, Colorado.

December 31, 1974

[S. 3615]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, to insure consolidation

Arapaho National Forest, Colo.

Boundary extension.

16 USC 485 note.

 of lands in the Arapaho National Forest, Colorado, and to afford the opportunity for better management of those lands, the Secretary of the Interior is hereby authorized to transfer certain lands under his jurisdiction and adjacent to the existing boundary of said national forest to the Secretary of Agriculture. Pursuant to this Act, the exterior boundaries of the Arapaho National Forest, Colorado, shall be extended to include all of the lands not presently within such boundaries lying in township 3 south, range 78 west, township 4 south, range 78 west, township 2 south, range 79 west, township 3 south, range 79 west, and township 2 south, range 80 west, sections 7 through 18, and sections 20 through 28, all of the sixth principal meridian.
Approved December 31, 1974.
Public Law 93–576: To amend Public Law 93–276 to increase the authorization for appropriations to the Atomic Energy Commission in accordance with section 261 of the Atomic Energy Act of 1954, as amended, and for other purposes. Public Law 576 88 Stat. 1878 1974-12-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–576
An Act To amend Public Law 93–276 to increase the authorization for appropriations to the Atomic Energy Commission in accordance with section 261 of the Atomic Energy Act of 1954, as amended, and for other purposes.

December 31, 1974

[H. R. 16609]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 101(a)

Atomic Energy Commission.

Appropriations increase.

Ante, p. 116.

 of Public Law 93–276 is hereby amended by striking therefrom the figure “$2,551,633,000” and substituting the figure “$2,580,733,000”.
Sec. 2. Section 101(b) of Public Law 93–276 is hereby amended by striking from subsection (11) capital equipment the figure “$208,850,000” and substituting the figure “$224,900,000”.
Sec. 3. From the increase of the sums authorized to be appropriated

Safeguards Program.

 by this Act $23,000,000 shall be allotted to, and made available only for the Safeguards Program, with regard to the safeguarding of special nuclear materials from diversion from its intended uses, and for research and development of safeguards techniques and related activities involved in handling nuclear material.
Approved December 31, 1974.
Public Law 93–577: To establish a national program for research and development in nonnuclear energy sources. Public Law 577 88 Stat. 1878 1974-12-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–577
An Act To establish a national program for research and development in nonnuclear energy sources.

December 31, 1974

[S. 1283]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Federal Non-nuclear Energy Research and Development Act of 1974.
short title
Section 1. This Act may be cited as the “Federal Nonnuclear Energy Research and Development Act of 1974”.

42 USC 5901 note.
88 Stat. 1879
statement of findings
Sec. 2. The Congress hereby finds that—

42 USC 5901.

 (a) The Nation is suffering from a shortage of environmentally acceptable forms of energy. (b) Compounding this energy shortage is our past and present failure to formulate a comprehensive and aggressive research and development program designed to make available to American consumers our large domestic energy reserves including fossil fuels, nuclear fuels, geothermal resources, solar energy, and other forms of energy. This failure is partially because the unconventional energy technologies have not been judged to be economically competitive with traditional energy technologies. (c) The urgency of the Nation’s energy challenge will require commitments similar to those undertaken in the Manhattan and Apollo projects; it will require that the Nation undertake a research, development, and demonstration program in nonnuclear energy technologies with a total Federal investment which may reach or exceed $20,000,000,000 over the next decade. (d) In undertaking such program, full advantage must be taken of the existing technical and managerial expertise in the various energy fields within Federal agencies and particularly in the private sector. (e) The Nation’s future energy needs can be met if a national commitment is made now to dedicate the necessary financial resources, to enlist our scientific and technological capabilities, and to accord the proper priority to developing new nonnuclear energy options to serve national needs, conserve vital resources, and protect the environment.
statement of policy
Sec. 3. (a) It is the policy of the Congress to develop on an urgent

42 USC 5902.

 basis the technological capabilities to support the broadest range of energy policy options through conservation and use of domestic resources by socially and environmentally acceptable means. (b) (1) The Congress declares the purpose of this Act to be to establish and vigorously conduct a comprehensive, national program of basic and applied research and development, including but not limited to demonstrations of practical applications, of all potentially beneficial energy sources and utilization technologies, within the Energy Research and Development Administration. (2) In carrying out this program, the Administrator of the Energy Research and Development Administration (hereinafter in this Act referred to as the “Administrator”) shall be governed by the terms of this Act and other applicable provisions of law with respect to all nonnuclear aspects of the research, development, and demonstration program; and the policies and provisions of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), and other provisions of law shall continue to apply to the nuclear research, development, and demonstration program. 88 Stat. 1880 (3) In implementing and conducting the research, development, and demonstration programs pursuant to this Act, the Administrator shall incorporate programs in specific nonnuclear technologies previously enacted into law, including those established by the Solar Heating and Cooling Act of 1974 (Public Law 93–409), the Geothermal Energy

Ante, p. 1069.

 Research, Development, and Demonstration Act of 1974 (Public Law 93–410), and the Solar Energy Research, Development, and Demonstration Act of 1974 (Public Law 93–473).

Ante, p. 1079.

Ante, p. 1431.
duties and authorities of the administrator
Sec. 4. The Administrator shall—

42 USC 5903.

 (a) review the current status of nonnuclear energy resources and current nonnuclear energy research and development activities, including research and development being conducted by Federal and non-Federal entities; (b) formulate and carry out a comprehensive Federal nonnuclear energy research, development, and demonstration program which will expeditiously advance the policies established by this Act and other relevant legislation establishing programs in specific energy technologies; (c) utilize the funds authorized pursuant to this Act to advance energy research and development by initiating and maintaining, through fund transfers, grants, or contracts, energy research, development and demonstration programs or activities utilizing the facilities, capabilities, expertise, and experience of Federal agencies, national laboratories, universities, nonprofit organizations, industrial entities, and other non-Federal entities which are appropriate to each type of research, development, and demonstration activity; (d) establish procedures for periodic consultation with representatives of science, industry, environmental organizations, consumers, and other groups who have special expertise in the areas of energy research, development, and technology; and (e) initiate programs to design, construct, and operate energy facilities of sufficient size to demonstrate the technical and economic feasibility of utilizing various forms of nonnuclear energy.
governing principles
Sec. 5. (a) The Congress authorizes and directs that the comprehensive

42 USC 5904.

 program in research, development, and demonstration required by this Act shall be designed and executed according to the following principles: (1) Energy conservation shall be a primary consideration in the design and implementation of the Federal nonnuclear energy program. For the purposes of this Act, energy conservation means both improvement in efficiency of energy production and use, and reduction in energy waste. (2) The environmental and social consequences of a proposed program shall be analyzed and considered in evaluating its potential. (3) Any program for the development of a technology which may require significant consumptive use of water after the technology has reached the stage of commercial application shall88 Stat. 1881 include thorough consideration of the impacts of such technology and use on water resources pursuant to the provisions of section 13. (4) Heavy emphasis shall be given to those technologies which utilize renewable or essentially inexhaustible energy sources. (5) The potential for production of net energy by the proposed technology at the stage of commercial application shall be analyzed and considered in evaluating proposals. (b) The Congress further directs that the execution of the comprehensive research, development, and demonstration program shall conform to the following principles: (1) Research and development of nonnuclear energy sources shall be pursued in such a way as to facilitate the commercial availability of adequate supplies of energy to all regions of the United States. (2) In determining the appropriateness of Federal involvement in any particular research and development undertaking, the Administrator shall give consideration to the extent to which the proposed undertaking satisfies criteria including, but not limited to, the following: (A) The urgency of public need for the potential results of the research, development, or demonstration effort is high, and it is unlikely that similar results would be achieved in a timely manner in the absence of Federal assistance. (B) The potential opportunities for non-Federal interests to recapture the investment in the undertaking through the normal commercial utilization of proprietary knowledge appear inadequate to encourage timely results. (C) The extent of the problems treated and the objectives sought by the undertaking are national or widespread in their significance, (D) There are limited opportunities to induce non-Federal support of the undertaking through regulatory actions, end use controls, tax and price incentives, public education, or other alternatives to direct Federal financial assistance. (E) The degree of risk of loss of investment inherent in the research is high, and the availability or risk capital to the non-Federal entities which might otherwise engage in the field of the research is inadequate for the timely development of the technology. (F) The magnitude of the investment appears to exceed the financial capabilities of potential non-Federal participants in the research to support effective efforts.
comprehensive planning and programming
Sec. 6. (a) Pursuant to the authority and directions of this Act and

Plan, transmittal to Congress.

42 USC 5905.

Ante, p. 1233.

 the Energy Reorganization Act of 1974 (Public Law 93–438), the Administrator shall transmit to the Congress, on or before June 30, 1975, a comprehensive plan for energy research, development, and demonstration. This plan shall be appropriately revised annually as provided in section 15(a). Such plan shall be designed to achieve— (1) solutions to immediate and short-term (to the early 1980’s) energy supply system and associated environmental problems; (2) solutions to middle-term (the early 1980’s to 2000) energy supply system and associated environmental problems; and (3) solutions to long-term (beyond 2000) energy supply system and associated environmental problems. (b) (1) Based on the comprehensive energy research, development,

Program, transmittal to Congress.

 and demonstration plan developed under subsection (a), the Adminis-88 Stat. 1882trator shall develop and transmit to the Congress, on or before June 30, 1975, a comprehensive nonnuclear energy research, development, and demonstration program to implement the nonnuclear research, development, and demonstration aspects of the comprehensive plan. (2) This program shall be designed to achieve solutions to the energy supply and associated environmental problems in the immediate and short-term (to the early 1980’s), middle-term (the early 1980’s to 2000), and long-term (beyond 2000) time intervals. In formulating the nonnuclear aspects of this program, the Administrator shall evaluate the economic, environmental, and technological merits of each aspect of the program. (3) The Administrator shall assign program elements and activities in specific nonnuclear energy technologies to the short-term, middle-term, and long-term time intervals, and shall present full and complete justification for these assignments and the degree of emphasis for each. These program elements and activities shall include, but not be limited to, research, development, and demonstrations designed— (A) to advance energy conservation technologies, including but not limited to— (i) productive use of waste, including garbage, sewage, agricultural wastes, and industrial waste heat; (ii) reuse and recycling of materials and consumer products; (iii) improvements in automobile design for increased efficiency and lowered emissions, including investigation of the full range of alternatives to the internal combustion engine and systems of efficient public transportation; and (iv) advanced urban and architectural design to promote efficient energy use in the residential and commercial sectors, improvements in home design and insulation technologies, small thermal storage units and increased efficiency in electrical appliances and lighting fixtures; (B) to accelerate the commercial demonstration of technologies for producing low-sulfur fuels suitable for boiler use; (C) to demonstrate improved methods for the generation, storage, and transmission of electrical energy through (i) advances in gas turbine technologies, combined power cycles, the use of low British thermal unit gas and, if practicable, magnetohydrodynamics; (ii) storage systems to allow more efficient load following, including the use of inertial energy storage systems; and (iii) improvement in cryogenic transmission methods; (D) to accelerate the commercial demonstration of technologies for producing substitutes for natural gas, including coal gasification: Provided, That the Administrator shall invite and consider proposals from potential participants based upon Federal assistance and participation in the form of a joint Federal-industry corporation, and recommendations pursuant to this clause shall be accompanied by a report on the viability of using this form of Federal assistance or participation; (E) to accelerate the commercial demonstration of technologies for producing syncrude and liquid petroleum products from coal: Provided, That the Administrator shall invite and consider proposals from potential participants based upon Federal assistance and participation through guaranteed prices or purchase of the products, and recommendations pursuant to this clause shall be accompanied by a report on the viability of using this form of Federal assistance or participation; (F) in accordance with the program authorized by the Geothermal Energy Research, Development, and Demonstration Act88 Stat. 1883 of 1974 (Public Law 93–410), to accelerate the commercial demonstration

Ante, p. 1079.

 of geothermal energy technologies; (G) to demonstrate the production of syncrude from oil shale by all promising technologies including in situ technologies; (H) to demonstrate new and improved methods for the extraction of petroleum resources, including secondary and tertiary recovery of crude oil; (I) to demonstrate the economics and commercial viability of solar energy for residential and commercial energy supply applications in accordance with the program authorized by the Solar Heating and Cooling Act of 1974 (Public Law 93–409);

Ante, p. 1069.

 (J) to accelerate the commercial demonstration of environmental control systems for energy technologies developed pursuant to this Act; (K) to investigate the technical and economic feasibility of tidal power for supplying electrical energy; (L) to commercially demonstrate advanced solar energy technologies in accordance with the Solar Research, Development, and Demonstration Act of 1974 (Public Law 93–473);

Ante, p. 1431.

 (M) to determine the economics and commercial viability of the production of synthetic fuels such as hydrogen and methanol; (N) to commercially demonstrate the use of fuel cells for central station electric power generation; (O) to determine the economics and commercial viability of in situ coal gasification; (P) to improve techniques for the management of existing energy systems by means of quality control; application of systems analysis, communications, and computer techniques; and public information with the objective of improving the reliability and efficiency of energy supplies and encourage the conservation of energy resources; and (Q) to improve methods for the prevention and cleanup of marine oil spills.
forms of federal assistance
Sec. 7. (a) In carrying out the objectives of this Act, the Ad-

42 USC 5906.

ministrator may utilize various forms of Federal assistance and participation which may include but are not limited to— (1) joint Federal-industry experimental, demonstration, or commercial corporations consistent with the provisions of subsection (b) of this section; (2) contractual arrangements with non-Federal participants including corporations, consortia, universities, governmental entities and nonprofit institutions; (3) contracts for the construction and operation of federally owned facilities; (4) Federal purchases or guaranteed price of the products of demonstration plants or activities consistent with the provisions of subsection (c) of the section; (5) Federal loans to non-Federal entities conducting demonstrations of new technologies; and (6) incentives, including financial awards, to individual inventors, such incentives to be designed to encourage the participation of a large number of such inventors. (b) Joint Federal-industry corporations proposed for congressional

Joint Federal industry, corporations, guidelines.

 authorization pursuant to this Act shall be subject to the provisions of section 9 of this Act and shall conform to the following guidelines except as otherwise authorized by Congress: 88 Stat. 1884 (1) Each such corporation may design, construct, operate, and maintain one or more experimental, demonstration, or commercial-size facilities, or other operations which will ascertain the technical, environmental, and economic feasibility of a particular energy technology. In carrying out this function, the corporation shall be empowered, either directly or by contract, to utilize commercially available technologies, perform tests, or design, construct, and operate pilot plants, as may be necessary for the design of the full-scale facility. (2) Each corporation shall have— (A) a Board of nine directors consisting of individuals who are citizens of the United States, of whom one shall be elected annually by the Board to serve as Chairman. The Board shall be empowered to adopt and amend bylaws. Five members of the Board shall be appointed by the President of the United States, by and with the advice and consent of the Senate, and four members of the Board shall be appointed by the President on the basis of recommendations received by him from any non-Federal entity or entities entering into contractual arrangements to participate in the corporation; (B) a President and such other officers and employees as may be named and appointed by the Board (with the rates of compensation of all officers and employees being fixed by the Board); and (C) the usual powers conferred upon corporations by the laws of the District of Columbia. (3) An appropriate time interval, not to exceed 12 years, shall be established for the term of Federal participation in the corporation, at the expiration of which the Board of Directors shall take such action as may be necessary to dissolve the corporation or otherwise terminate Federal participation and financial interests. In carrying out such dissolution, the Board of Directors shall dispose of all physical facilities of the corporation in such manner and subject to such terms and conditions as the Board determines are in the public interest and consistent with existing law; and a share of the appraised value of the corporate assets proportional to the Federal participation in the corporation, including the proceeds from the disposition of such facilities, on the date of its dissolution, after satisfaction of all its legal obligations, shall be made available to the United States and deposited in the Treasury of the United States as miscellaneous receipts. All patent rights of the corporation shall, on such date of dissolution, be vested in the Administrator: Provided, That Federal participation may be terminated prior to the time established in the authorizing Act upon recommendation of the Board of Directors. (4) Any commercially valuable product produced by demonstration facilities shall be disposed of in such manner and under such terms and conditions as the corporation shall prescribe. All revenues received by the corporation from the sale of such products shall be available to the corporation for use by it in defraying expenses incurred in connection with carrying out its functions to which this Act applies. (5) The estimated Federal share of the construction, operation, and maintenance cost over the life of each corporation shall be determined in order to facilitate a single congressional authorization of the full amount at the time of establishment of the corporation. (6) The Federal share of the cost of each such corporation shall reflect (A) the technical and economic risk of the venture, (B) the88 Stat. 1885 probability of any financial return to the non-Federal participants arising from the venture, (C) the financial capability of the potential non-Federal participants, and (D) such other factors as the Administrator may set forth in proposing the corporation: Provided, That in no instance shall the Federal share exceed 90 per centum of the cost. (7) (A) Prior to the establishment of any joint Federal-industry

Report to Speaker of the House, President pro tempore, and congressional committees.

 corporation pursuant to this Act, the Administrator shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate, and to the appropriate committees of the House of Representatives and the Senate a report setting forth in detail the consistency of the establishment of the corporation with the principles and directives set forth in section 5 and this section, and the proposed purpose and planned activities of the corporation. (B) No such corporation shall be established unless previously authorized by specific legislation enacted by the Congress. (c) Competitive systems of price supports proposed for congres-

Price support systems, guidelines.

sional authorization pursuant to this Act shall conform to the following guidelines: (1) The Administrator shall determine the types and capacities of the desired full-scale, commercial-size facility or other operation which would demonstrate the technical, environmental, and economic feasibility of a particular nonnuclear energy technology. (2) The Administrator may award planning grants for the purpose of financing a study of the full cycle economic and environmental costs associated with the demonstration facility selected pursuant to paragraph (1) of this subsection. Such planning grants may be awarded to Federal and non-Federal entities including, but not limited to, industrial entities, universities, and nonprofit organizations. Such planning grants may also be used by the grantee to prepare a detailed and comprehensive bid to construct the demonstration facility. (3) Following the completion of the studies pursuant to the planning grants awarded under paragraph (2) of this subsection regarding each such potential price supported demonstration facility for which the Administrator intends to request congressional authorization, he shall invite bids from all interested parties to determine the minimum amount of Federal price support needed to construct the demonstration facility. The Administrator may designate one or more competing entities, each to construct one commercial demonstration facility. Such designation shall be made on the basis of those entities, (A) commitment to construct the demonstration facility at the minimum level of Federal price supports, (B) detailed plan of environmental protection, and (C) proposed design and operation of the demonstration facility. (4) The construction plans and actual construction of the demonstration facility, together with all related facilities, shall be monitored by the Environmental Protection Agency. If additional environmental requirements are imposed by the Administrator after the designation of the successful bidders and if such additional environmental requirements result in additional costs, the Administrator is authorized to renegotiate the support price to cover such additional costs. (5) The estimated amount of the Federal price support for a demonstration facility’s product over the life of such facility shall88 Stat. 1886 be determined by the Administrator to facilitate a single congressional authorization of the full amount of such support at the time of the designation of the successful bidders. (6) No price support program shall be implemented unless previously authorized by specific legislation enacted by the Congress. (d) Nothing in this section shall preclude Federal participation in, and support for, joint university-industry nonnuclear energy research efforts.
demonstrations

42 USC 5907.
Sec. 8. (a) The Administrator is authorized to— (1) identify opportunities to accelerate the commercial applications of new energy technologies, and provide Federal assistance for or participation in demonstration projects (including pilot plants demonstrating technological advances and field demonstrations of new methods and procedures, and demonstrations of prototype commercial applications for the exploration, development, production, transportation, conversion, and utilization of energy resources); and (2) enter into cooperative agreements with non-Federal entities to demonstrate the technical feasibility and economic potential of energy technologies on a prototype or full-scale basis. (b) In reviewing potential projects, the Administrator shall consider criteria including but not limited to— (1) the anticipated, research, development, and application objectives to be achieved by the activities or facilities proposed; (2) the economic, environmental, and societal significance which a successful demonstration may have for the national fuels and energy system; (3) the relationship of the proposal to the criteria of priority set forth in section 5(b) (2); (4) the availability of non-Federal participants to construct and operate the facilities or perform the activities associated with the proposal and to contribute to the financing of the proposal; (5) the total estimated cost including the Federal investment and the probable time schedule; (6) the proposed participants and the proposed financial contributions of the Federal Government and of the non-Federal participants; and (7) the proposed cooperative arrangement, agreements among the participants, and form of management of the activities. (c) (1) A financial award under this section may be made only to the extent of the Federal share of the estimated total design and construction costs, plus operation and maintenance costs. (2) For the purposes of this Act the non-Federal share may be in any form, including, but not limited to, lands or interests therein needed for the project or personal property or services, the value of which shall be determined by the Administrator. (d) (1) The Administrator shall, within six months of enactment

Regulations.

 of this Act, promulgate regulations establishing procedures for submission of proposals to the Energy Research and Development Administration for the purposes of this Act. Such regulations shall establish a procedure for selection of proposals which— (A) provides that projects will be carried out under such conditions and varying circumstances as will assist in solving energy extraction, transportation, conversion, conservation, and end-use problems of various areas and regions, under representative geological, geographic, and environmental conditions; and (B) provides time schedules for submission of, and action on, proposal requests for the purposes of implementing the goals and objectives of this Act. 88 Stat. 1887 (2) Such regulations also shall specify the types and form of the information, data, and support documentation that are to be contained in proposals for each form of Federal assistance or participation set forth in subsection 7(a) : Provided, That such proposals to the extent possible shall include, but not be limited to— (A) specification of the technology; (B) description of prior pilot plant operating experience with the technology; (C) preliminary design of the demonstration plant; (D) time tables containing proposed construction and operation plans; (E) budget-type estimates of construction and operating costs; (F) description and proof of title to land for proposed site, natural resources, electricity and water supply and logistical information related to access to raw materials to construct and operate the plant and to dispose of salable products produced from the plant; (G) analysis of the environmental impact of the proposed plant and plans for disposal of wastes resulting from the operation of the plant; (H) plans for commercial use of the technology if the demonstration is successful; (I) plans for continued use of the plant if the demonstration is successful; and (J) plans for dismantling of the plant if the demonstration is unsuccessful or otherwise abandoned. (3) The Administrator shall from time to time review and, as appropriate, modify and repromulgate regulations issued pursuant to this section. (e) If the estimate of the Federal investment with respect to construction costs of any demonstration project proposed to be established under this section exceeds $50,000,000, no amount may be appropriated for such project except as specifically authorized by legislation hereafter enacted by the Congress. (f) If the total estimated amount of the Federal contribution to the construction cost of a demonstration project does not exceed $50,000,000, the Administrator is authorized to proceed with the negotiation of agreements and implementation of the proposal subject to the availability of funds under the authorization of appropriations pursuant to section 16: Provided, That if such Federal contribution to

Report to congressional committees.

 the construction cost is estimated to exceed $25,000,000 the Administrator shall provide a full and comprehensive report on the proposed demonstration project to the appropriate committees of the Congress and no funds may be expended for any agreement under the authority granted by this section prior to the expiration of sixty calendar days (not including any day on which either House of Congress is not in session because of an adjournment of more than three calendar days to a day certain) from the date on which the Administrator’s report on the proposed project is received by the Congress. Such reports shall contain an analysis of the extent to which the proposed demonstration satisfies the criteria specified in subsection (b) of this section.
patent policy
Sec. 9. (a) Whenever any invention is made or conceived in the

42 USC 5908.

 course of or under any contract of the Administration, other than nuclear energy research, development, and demonstration pursuant to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and the Administrator determines that— (1) the person who made the invention was employed or assigned to perform research, development, or demonstration88 Stat. 1888 work and the invention is related to the work he was employed or assigned to perform, or that it was within the scope of his employment duties, whether or not it was made during working hours, or with a contribution by the Government of the use of Government facilities, equipment, materials, allocated funds, information proprietary to the Government, or services of Government employees during working hours; or (2) the person who made the invention was not employed or assigned to perform research, development, or demonstration work, but the invention is nevertheless related to the contract or to the work or duties he was employed or assigned to perform, and was made during working hours, or with a contribution from the Government of the sort referred to in clause (1). title to such invention shall vest in the United States, and if patents on such invention are issued they shall be issued to the United States, unless in particular circumstances the Administrator waives all or any part of the rights of the United States to such invention in conformity with the provisions of this section. (b) Each contract entered into by the Administration with any person

Report.

 shall contain effective provisions under which such person shall furnish promptly to the Administration a written report containing full and complete technical information concerning any invention, discovery, improvement, or innovation which may be made in the course of or under such contract. (c) Under such regulations in conformity with the provisions of

Waiver of rights.

 this section as the Administrator shall prescribe, the Administrator may waive all or any part of the rights of the United States under this section with respect to any invention or class of inventions made or which may be made by any person or class of persons in the course of or under any contract of the Administration if he determines that the interests of the United States and the general public will best be served by such waiver. The Administration shall maintain a publicly available, periodically updated record of waiver determinations. In making such determinations, the Administrator shall have the following objectives: (1) Making the benefits of the energy research, development, and demonstration program widely available to the public in the shortest practicable time. (2) Promoting the commercial utilization of such inventions. (3) Encouraging participation by private persons in the Administration’s energy research, development, and demonstration program. (4) Fostering competition and preventing undue market concentration or the creation or maintenance of other situations inconsistent with the antitrust laws. (d) In determining whether a waiver to the contractor at the time of contracting will best serve the interests of the United States and the general public, the Administrator shall specifically include as considerations— (1) the extent to which the participation of the contractor will expedite the attainment of the purposes of the program; (2) the extent to which a waiver of all or any part of such rights in any or all fields of technology is needed to secure the participation of the particular contractor; (3) the extent to which the contractor’s commercial position may expedite utilization of the research, development, and demonstration program results; (4) the extent to which the Government has contributed to the field of technology to be funded under the contract; (5) the purpose and nature of the contract, including the intended use of the results developed thereunder; 88 Stat. 1889 (6) the extent to which the contractor has made or will make substantial investment of financial resources or technology developed at the contractor’s private expense which will directly benefit the work to be performed under the contract; (7) the extent to which the field of technology to be funded under the contract has been developed at the contractor’s private expense; (8) the extent to which the Government intends to further develop to the point of commercial utilization the results of the contract effort; (9) the extent to which the contract objectives are concerned with the public health, public safety, or public welfare; (10) the likely effect of the waiver on competition and market concentration; and (11) in the case of a nonprofit educational institution, the extent to which such institution has a technology transfer capability and program, approved by the Administrator as being consistent with the applicable policies of this section. (e) In determining whether a waiver to the contractor or inventor of rights to an identified invention will best serve the interests of the United States and the general public, the Administrator shall specifically include as considerations paragraphs (4) through (11) of subsection (d) as applied to the invention and— (1) the extent to which such waiver is a reasonable and necessary incentive to call forth private risk capital for the development and commercialization of the invention; and (2) the extent to which the plans, intentions, and ability of the contractor or inventor will obtain expeditious commercialization of such invention. (f) Whenever title to an invention is vested in the United States, there may be reserved to the contractor or inventor— (1) a revocable or irrevocable nonexclusive, paid-up license for the practice of the invention throughout the world; and (2) the rights to such invention in any foreign country where the United States has elected not to secure patent rights and the contractor elects to do so, subject to the rights set forth in paragraphs (2), (3), (6), and (7) of subsection (h): Provided, That when specifically requested by the Administration and three years after issuance of such a patent, the contractor shall submit the report specified in subsection (h) (1) of this section. (g) (1) Subject to paragraph (2) of this subsection, the Administrator

Licenses, regulations.

 shall determine and promulgate regulations specifying the terms and conditions upon which licenses may be granted in any invention to which title is vested in the United States. (2) Pursuant to paragraph (1) of this subsection, the Administrator

Hearing.

 may grant exclusive or partially exclusive licenses in any invention only if, after notice and opportunity for hearing, it is determined that— (A) the interests of the United States and the general public will best be served by the proposed license, in view of the applicant’s intentions, plans, and ability to bring the invention to the point of practical or commercial applications; (B) the desired practical or commercial applications have not been achieved, or are not likely expeditiously to be achieved, under any nonexclusive license which has been granted, or which may be granted, on the invention; (C) exclusive or partially exclusive licensing is a reasonable and necessary incentive to call forth risk capital and expenses88 Stat. 1890 to bring the invention to the point of practical or commercial applications; and (D) the proposed terms and scope of exclusivity are not substantially greater than necessary to provide the incentive for bringing the invention to the point of practical or commercial applications and to permit the licensee to recoup its costs and a reasonable profit thereon: Provided, That, the Administrator shall not grant such exclusive or partially exclusive license if he determines that the grant of such license will tend substantially to lessen competition or result in undue concentration in any section of the country in any line of commerce to which the technology to be licensed relates. The Administration shall maintain a publicly available, periodically updated record of determinations to grant such licenses. (h) Each waiver of rights or grant of an exclusive or partially

Waiver, terms and conditions.

 exclusive license shall contain such terms and conditions as the Administrator may determine to be appropriate for the protection of the interests of the United States and the general public, including provisions for the following: (1) Periodic written reports at reasonable intervals, and when specifically requested by the Administration, on the commercial use that is being made or is intended to be made of the invention. (2) At least an irrevocable, nonexclusive, paid-up license to make, use, and sell the invention throughout the world by or on behalf of the United States (including any Government agency) and States and domestic municipal governments, unless the Administrator determines that it would not be in the public interest to acquire the license for the States and domestic municipal governments. (3) The right in the United States to sublicense any foreign government pursuant to any existing or future treaty or agreement if the Administrator determines it would be in the national interest to acquire this right. (4) The reservation in the United States of the rights to the invention in any country in which the contractor does not file an application for patent within such time as the Administration shall determine. (5) The right in the Administrator to require the granting of a nonexclusive, exclusive, or partially exclusive license to a responsible applicant or applicants, upon terms reasonable under the circumstances, (A) to the extent that the invention is required for public use by governmental regulations, or (B) as may be necessary to fulfill health, safety, or energy needs, or (C) for such other purposes as may be stipulated in the applicable agreement. (6) The right in the Administrator to terminate such waiver or license in whole or in part unless the recipient of the waiver or license demonstrates to the satisfaction of the Administrator that he has taken effective steps, or within a reasonable time thereafter is expected to take such steps, necessary to accomplish substantial utilization of the invention. (7) The right in the Administrator, commencing three years after the grant of a license and four years after a waiver is effective as to an invention, to require the granting of a nonexclusive or partially exclusive license to a responsible applicant or applicants, upon terms reasonable under the circumstances, and in appropriate circumstances to terminate the waiver or license in whole or in part, following a hearing upon notice thereof to the public, upon a petition by an interested person justifying such hearing— 88 Stat. 1891 (A) if the Administrator determines, upon review of such material as he deems relevant, and after the recipient of the waiver or license, or other interested person, has had the opportunity to provide such relevant and material information as the Administrator may require, that such waiver or license has tended substantially to lessen competition or to result in undue concentration in any section of the country in any line of commerce to which the technology relates; or (B) unless the recipient of the waiver or license demonstrates to the satisfaction of the Administrator at such hearing that he has taken effective steps, or within a reasonable time thereafter is expected to take such steps, necessary to accomplish substantial utilization of the invention. (i) The Administrator shall provide an annual periodic notice to

Publication in Federal Register.

 the public in the Federal Register, or other appropriate publication, of the right to have a hearing as provided by subsection (h) (7) of this section, and of the availability of the records of determinations provided in this section. (j) The Administrator shall, in granting waivers or licenses, consider the small business status of the applicant. (k) The Administrator is authorized to take all suitable and necessary steps to protect any invention or discovery to which the United States holds title, and to require that contractors or persons who acquire rights to inventions under this section protect such inventions. (l) The Administration shall be considered a defense agency of the United States for the purpose of chapter 17 of title 35 of the United States Code.

35 USC 181.

 (m) As used in this section—

Definitions.

 (1) the term “person” means any individual, partnership, corporation, association, institution, or other entity; (2) the term “contract” means any contract, grant, agreement, understanding, or other arrangement, which includes research, development, or demonstration work, and includes any assignment, substitution of parties, or subcontract executed or entered into thereunder; (3) the term “made”, when used in relation to any invention, means the conception or first actual reduction to practice of such invention; (4) the term “invention” means inventions or discoveries, whether patented or unpatented; and (5) the term “contractor” means any person having a contract with or on behalf of the Administration, (n) Within twelve months after the date of the enactment of this

Report, Submittal to President and congressional committees.

 Act, the Administrator with the participation of the Attorney General, the Secretary of Commerce, and other officials as the President may designate, shall submit to the President and the appropriate congressional committees a report concerning the applicability of existing patent policies affecting the programs under this Act, along with his recommendations for amendments or additions to the statutory patent policy, including his recommendations on mandatory licensing, which he deems advisable for carrying out the purposes of this Act.
relationship to antitrust laws
Sec. 10. (a) Nothing in this Act shall be deemed to convey to any

42 USC 5909.

 individual, corporation, or other business organization immunity from civil or criminal liability, or to create defenses to actions, under the antitrust laws. (b) As used in this section, the term “antitrust law” means—

“Antitrust law.”

 88 Stat. 1892 (1) the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies”, approved July 2, 1890 (15 U.S.C. 1 et seq.), as amended; (2) the Act entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes”, approved October 15, 1914 (15 U.S.C. 12 et seq.) as amended; (3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.),

15 USC 58.

 as amended; (4) sections 73 and 74 of the Act entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purposes”, approved August 27, 1894 (15 U.S.C. 8 and 9), as amended; and (5) the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a, 13b, and 21a).
environmental evaluation
Sec. 11. (a) The Council on Environmental Quality is authorized

42 USC 5910.

 and directed to carry out a continuing analysis of the effect of application of nonnuclear energy technologies to evaluate— (1) the adequacy of attention to energy conservation methods; and (2) the adequacy of attention to environmental protection and the environmental consequences of the application of energy technologies. (b) The Council on Environmental Quality, in carrying out the provisions of this section, may employ consultants or contractors and may by fund transfer employ the services of other Federal agencies for the conduct of studies and investigations. (c) The Council on Environmental Quality shall hold annual public

Hearings.

 hearings on the conduct of energy research and development and the probable environmental consequences of trends in the development and application of energy technologies. The transcript of the hearings

Transcript, availability.

 shall be published and made available to the public. (d) The Council on Environmental Quality shall make such reports

Report to President, Administrator, and Congress.

 to the President, the Administrator, and the Congress as it deems appropriate concerning the conduct of energy research and development. The President as a part of the annual Environmental Policy Report required by section 201 of the National Environmental Policy Act of 1969 (42 U.S.C. 4341) shall set forth the findings of the Council on Environmental Quality concerning the probable environmental consequences of trends in the development and application of energy technologies.
acquisition of essential materials
Sec. 12. (a) The President may, by rule or order, require the allocation

42 USC 5911.

 of, or the performance under contracts or orders (other than contracts of employment) relating to, supplies of materials and equipment if he finds that— (1) such supplies are scarce, critical, and essential to carry out the purposes of this Act; and (2) such supplies cannot reasonably be obtained without exercising the authority granted by this section. (b) The President shall transmit any rule or order proposed under

Proposed rule or order, transmittal to Congress.

 subsection (a) of this section (bearing an identification number) to each House of Congress on the date on which it is proposed. If such proposed rule or order is transmitted to the Congress such proposed88 Stat. 1893 rule or order shall take effect at the end of the first period of thirty calendar days of continuous session of Congress after the date on which such proposed rule or order is transmitted to it unless, between the date of transmittal and the end of the thirty day period, either House passes a resolution stating in substance that such House does not favor such a proposed rule or order.
water resource evaluation
Sec. 13. (a) At the request of the Administrator, the Water

42 USC 5912.

 Resources Council shall undertake assessments of water resource requirements and water supply availability for any nonnuclear energy technology and any probable combinations of technologies which are the subject of Federal research and development efforts authorized by this Act, and the commercial development of which could have significant impacts on water resources. In the preparation of its assessment, the Council shall— (1) utilize to the maximum extent practicable data on water supply and demand available in the files of member agencies of the Council; (2) collect and compile any additional data it deems necessary for complete and accurate assessments; (3) give full consideration to the constraints upon availability imposed by treaty, compact, court decree, State water laws, and water rights granted pursuant to State and Federal law; (4) assess the effects of development of such technology on water quality; (5) include estimates of cost associated with production and management of the required water supply, and the cost of disposal of waste water generated by the proposed facility or process; (6) assess the environmental, social, and economic impact of any change in use of currently utilized water resource that may be required by the proposed facility or process; and (7) consult with the Council on Environmental Quality. (b) For any proposed demonstration project which may involve a significant impact on water resources, the Administrator shall, as a precondition of Federal assistance to that project, prepare or have prepared an assessment of the availability of adequate water resources. A report on the assessment shall be published in the Federal Register

Publication in Federal Register.

 for public review thirty days prior to the expenditure of Federal funds on the demonstration. (c) For any proposed Federal assistance for commercial application of energy technologies pursuant to this Act, the Water Resource Council shall, as a precondition of such Federal assistance, provide to the Administrator an assessment of the availability of adequate water resources for such commercial application and an evaluation of the environmental, social, and economic impacts of the dedication of water to such uses. (d) Reports of assessments and evaluations prepared by the Coun-

Publication in Federal Register.

cil pursuant to subsections (a) and (c) shall be published in the Federal Register and at least ninety days shall be provided for public review and comment. Comments received shall accompany the reports when they are submitted to the Administrator and shall be available to the public. (e) The Council shall include a broad survey and analysis of regional and national water resource availability for energy development in the biennial assessment required by section 102(a) of the Water Resources Planning Act (42 U.S.C. 1962a–l(a)).
88 Stat. 1894
energy-related inventions
Sec. 14. The National Bureau of Standards shall give particular

42 USC 5913.

 attention to the evaluation of all promising energy-related inventions, particularly those submitted by individual inventors and small companies for the purpose of obtaining direct grants from the Administrator. The National Bureau of Standards is authorized to promulgate

Reguiations.

 regulations in the furtherance of this section.
reports to congress
Sec. 15. (a) Concurrent with the submission of the President’s

42 USC 5914.

 annual budget to the Congress, the Administrator shall submit to the Congress each year— (1) a report detailing the activities carried out pursuant to this Act during the preceding fiscal year; (2) a detailed description of the comprehensive plan for nuclear and nonnuclear energy research, development, and demonstration then in effect under section 6 (a); and (3) a detailed description of the comprehensive nonnuclear research, development, and demonstration program then in effect under section 6(b) including its program elements and activities, setting forth such modifications in the comprehensive plan referred to in clause (2) and the comprehensive program referred to in clause (3) as may be necessary to revise appropriately such plan and program in the light of the activities referred to in clause (1) and any changes in circumstances which may have occurred since the last previous report under this subsection. (b) The description of the comprehensive nonnuclear research, development, and demonstration program submitted under subsection (a) (2) shall include a statement setting forth— (1) the anticipated research, development, and application objectives to be achieved by the proposed program; (2) the economic, environmental, and societal significance which the proposed program may have; (3) the total estimated cost of individual program items; (4) the estimated relative financial contributions of the Federal Government and non-Federal participants in the research and development program; (5) the relationship of the proposed program to any Federal national energy or fuel policies; and (6) the relationship of any short-term undertakings and expenditures to long-range goals. (c) The reports required by subsections (a) and (b) of this section will satisfy the reporting requirements of section 307(a) of the Energy Reorganization Act of 1974 (Public Law 93–438) insofar as is

Ante, p. 1251.

 concerned activities, goals, priorities, and plans of the Energy Research and Development Administration pertaining to nonnuclear energy.
appropriation authorization
Sec. 16. (a) There may be appropriated to the Administrator to

42 USC 5915.

 carry out the purposes of this Act such sums as may be authorized in annual authorization Acts. (b) Of the amounts appropriated pursuant to subsection (a) of this section— (1) $500,000 annually shall be made available by fund transfer to the Council on Environmental Quality for the purposes authorized by section 11; and 88 Stat. 1895 (2) not to exceed $1,000,000 annually shall be made available by fund transfer to the Water Resources Council for the purposes authorized by section 13. (c) There also may be appropriated to the Administrator by separate Acts such amounts as are required for demonstration projects for which the total Federal contribution to construction costs exceeds $50,000,000.
Approved December 31, 1974.
Public Law 93–578: To relinquish and disclaim any title to certain lands and to authorize the Secretary of the Interior to convey certain lands situated in Yuma County, Arizona. Public Law 578 88 Stat. 1895 1974-12-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–578
An Act To relinquish and disclaim any title to certain lands and to authorize the Secretary of the Interior to convey certain lands situated in Yuma County, Arizona.

December 31, 1974

[S. 3574]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the United

Yuma County, Ariz.

Land conveyance.

 States hereby disclaims any right, title, or interest in or to certain real property situated in Yuma County, Arizona, within the boundaries of the east half of the northwest quarter and the north half of the northeast quarter and the northwest quarter of the northwest quarter of section 13; and the northeast quarter of the southwest quarter and the south half of the southwest quarter of section 12, township 9 south, range 21 east, San Bernardino meridian as depicted by the original plat of survey of such township published by the United States Surveyor General’s Office, dated March 21, 1857, being a portion of sections 23, 25, and 26, township 1 north, range 24 west, Gila and Salt River meridian as depicted by the dependent resurvey and accretion survey plat of said township published by the United States Department of the Interior, Bureau of Land Management, dated June 5, 1962, except that the provisions of this section shall not apply to the 52-acre portion of such property that was condemned by the United States pursuant to the complaint in condemnation filed by the United States on June 30, 1964, in the United States District Court for the District of Arizona (No. Civ. 5188–Phx) and any portion of such property submerged in the bed of the Colorado River and owned by the States of California and Arizona.
Sec. 2. The Secretary of the Interior is authorized and directed to convey by patent to Wide River Farms, Incorporated, an Arizona corporation, 52 acres of land, more or less, described as the southwest quarter of the northwest quarter and the southwest quarter of the northeast quarter of section 13, township 9 south, range 21 east, San Bernardino meridian as depicted by the original plat of survey of such township published by the United States Surveyor General’s Office, dated March 21, 1857, being a portion of section 26, township 1 north, range 24 west, Gila and Salt River meridian, as depicted by the dependent resurvey and accretion survey plat of said township published by the United States Department of the Interior, Bureau of Land Management, dated June 5, 1962, except that the provisions of this section shall not apply to any portion of such property that was described in the complaint in condemnation filed by the United States on June 30, 1964, in the United States District Court for the District of Arizona (No. Civ. 5188–Phx.) and any portion of such property submerged in the bed of the Colorado River and owned by the States of California and Arizona.
Sec. 3. The Secretary of the Interior is authorized and directed to88 Stat. 1896 prepare and execute without consideration such instruments as may be appropriate to carry out the purposes of this Act.
Approved December 31, 1974.
Public Law 93–579: To amend title 5, United States Code, by adding a section 552a to safeguard individual privacy from the misuse of Federal records, to provide that individuals be granted access to records concerning them which are maintained by Federal agencies, to establish a Privacy Protection Study Commission, and for other purposes. Public Law 579 88 Stat. 1896 1974-12-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–579
An Act To amend title 5, United States Code, by adding a section 552a to safeguard individual privacy from the misuse of Federal records, to provide that individuals be granted access to records concerning them which are maintained by Federal agencies, to establish a Privacy Protection Study Commission, and for other purposes.

December 31, 1974

[S. 3418]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Privacy Act of 1974.

5 USC 552a note.

 be cited as the “Privacy Act of 1974”.
Sec. 2. (a) The Congress finds that— (1) the privacy of an individual is directly affected by the

Congressional findings.

5 USC 552a note.

 collection, maintenance, use, and dissemination of personal information by Federal agencies; (2) the increasing use of computers and sophisticated information technology, while essential to the efficient operations of the Government, has greatly magnified the harm to individual privacy that can occur from any collection, maintenance, use, or dissemination of personal information; (3) the opportunities for an individual to secure employment, insurance, and credit, and his right to due process, and other legal protections are endangered by the misuse of certain information systems; (4) the right to privacy is a personal and fundamental right protected by the Constitution of the United States; and (5) in order to protect the privacy of individuals identified in information systems maintained by Federal agencies, it is necessary and proper for the Congress to regulate the collection, maintenance, use, and dissemination of information by such agencies. (b) The purpose of this Act is to provide certain safeguards for an

Statement of purpose.

 individual against an invasion of personal privacy by requiring Federal agencies, except as otherwise provided by law, to— (1) permit an individual to determine what records pertaining to him are collected, maintained, used, or disseminated by such agencies; (2) permit an individual to prevent records pertaining to him obtained by such agencies for a particular purpose from being used or made available for another purpose without his consent; (3) permit an individual to gain access to information pertaining to him in Federal agency records, to have a copy made of all or any portion thereof, and to correct or amend such records; (4) collect, maintain, use, or disseminate any record of identifiable personal information in a manner that assures that such action is for a necessary and lawful purpose, that the information is current and accurate for its intended use, and that adequate safeguards are provided to prevent misuse of such information; (5) permit exemptions from the requirements with respect to records provided in this Act only in those cases where there is an important public policy need for such exemption as has been determined by specific statutory authority; and (6) be subject to civil suit for any damages which occur as a result of willful or intentional action which violates any individual’s rights under this Act.
88 Stat. 1897
Sec. 3. Title 5, United States Code, is amended by adding after section 552 the following new section:
Ҥ552a. Records maintained on individuals

5 USC 552a.

 “(a) Definitions.— For purposes of this section— “(1) the term ‘agency’ means agency as defined in section 552(e) of this title;

Ante, p. 1564.

 “(2) the term ‘individual’ means a citizen of the United States or an alien lawfully admitted for permanent residence; “(3) the term ‘maintain’ includes maintain, collect, use, or disseminate; “(4) the term ‘record’ means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph; “(5) the term ‘system of records’ means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual; “(6) the term ‘statistical record’ means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13; and “(7) the term ‘routine use’ means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected. “(b) Conditions of Disclosure.— No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be— “(1) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; “(2) required under section 552 of this title; “(3) for a routine use as defined in subsection (a) (7) of this section and described under subsection (e) (4) (D) of this section; “(4) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13; “(5) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable; “(6) to the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Administrator of General Services or his designee to determine whether the record has such value; “(7) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which88 Stat. 1898 maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought; “(8) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual; “(9) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee; “(10) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the General Accounting Office; or “(11) pursuant to the order of a court of competent jurisdiction. “(c) Accounting of Certain Disclosures.— Each agency, with respect to each system of records under its control, shall— “(1) except for disclosures made under subsections (b) (1) or (b) (2) of this section, keep an accurate accounting of— “(A) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection (b) of this section; and “(B) the name and address of the person or agency to whom the disclosure is made; “(2) retain the accounting made under paragraph (1) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made; “(3) except for disclosures made under subsection (b)(7) of this section, make the accounting made under paragraph (1) of this subsection available to the individual named in the record at his request; and “(4) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection (d) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made. “(d) Access to Records.— Each agency that maintains a system of records shall— “(1) upon request by any individual to gain access to his

Personal review.

 record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individual’s record in the accompanying person’s presence; “(2) permit the individual to request amendment of a record

Amendment request.

 request pertaining to him and— “(A) not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date of receipt of such request, acknowledge in writing such receipt; and “(B) promptly, either— “(i) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete; or “(ii) inform the individual of its refusal to amend the record in accordance with his request, the reason88 Stat. 1899 for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official; “(3) permit the individual who disagrees with the refusal of the

Review.

 agency to amend his record to request a review of such refusal, and not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing official’s determination under subsection (g) (1) (A) of this section; “(4) in any disclosure, containing information about which

Notation of dispute.

 the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph (3) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed; and “(5) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding. “(e) Agency Requirements.— Each agency that maintains a system of records shall— “(1) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President; “(2) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individual’s rights, benefits, and privileges under Federal programs; “(3) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual— “(A) the authority (whether granted by statute, or by executive order of the President) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary; “(B) the principal purpose or purposes for which the information is intended to be used; “(C) the routine uses which may be made of the information, as published pursuant to paragraph (4) (D) of this subsection; and “(D) the effects on him, if any, of not providing all or any part of the requested information; “(4) subject to the provisions of paragraph (11) of this subsection,

Publication in Federal Register.

 publish in the Federal Register at least annually a notice of the existence and character of the system of records, which notice shall include— “(A) the name and location of the system; 88 Stat. 1900 “(B) the categories of individuals on whom records are maintained in the system; “(C) the categories of records maintained in the system; “(D) each routine use of the records contained in the system, including the categories of users and the purpose of such use; “(E) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records; “(F) the title and business address of the agency official who is responsible for the system of records; “(G) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him; “(H) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content; and “(I) the categories of sources of records in the system; “(5) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination; “(6) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection (b) (2) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes; “(7) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity; “(8) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record; “(9) establish rules of conduct for persons involved in the

Rules of conduct.

 design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance; “(10) establish appropriate administrative, technical, and

Confidentiality of records.

 physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained; and “(11) at least 30 days prior to publication of information under

Publication in Federal Register.

 paragraph (4) (D) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency. “(f) Agency Rules.— In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements (including general notice) of section 553 of this title, which shall—

5 USC 553.

 “(1) establish procedures whereby an individual can be notified88 Stat. 1901 in response to his request if any system of records named by the individual contains a record pertaining to him; “(2) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual; “(3) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him; “(4) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and “(5) establish fees to be charged, if any, to any individual for

Fees.

 making copies of his record, excluding the cost of any search for and review of the record. The Office of the Federal Register shall annually compile and publish

Publication in Federal Register.

 the rules promulgated under this subsection and agency notices published under subsection (e)(4) of this section in a form available to the public at low cost. “(g) (1) Civil Remedies.— Whenever any agency “(A) makes a determination under subsection (d)(3) of this section not to amend an individual’s record in accordance with his request, or fails to make such review in conformity with that subsection; “(B) refuses to comply with an individual request under subsection (d) (1) of this section; “(C) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual; or “(D) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the

Jurisdiction.

 district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection. “(2) (A) In any suit brought under the provisions of subsection

Amendment of record.

 (g)(1)(A) of this section, the court may order the agency to amend the individual’s record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo. “(B) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. “(3) (A) In any suit brought under the provisions of subsection

Injunction.

 (g)(1)(B) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of88 Stat. 1902 any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection (k) of this section, and the burden is on the agency to sustain its action. “(B) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph m which the complainant has substantially prevailed. “(4) In any suit brought under the provisions of subsection

Damages.

 (g)(1)(C) or (D) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of— “(A) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of $1,000; and “(B) the costs of the action together with reasonable attorney fees as determined by the court. “(5) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to the effective date of this section. “(h) Rights of Legal Guardians.— For the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual. “(i) (1) Criminal Penalties.— Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. “(2) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection (e)(4) of this section shall be guilty of a misdemeanor and fined not more than $5,000. “(3) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000. “(j) General Exemptions.— The head of any agency may promulgate rules, in accordance with the requirements (including general notice) of sections 553 (b)(1), (2), and (3), (c), and (e) of this title,

5 USC 553.

 to exempt any system of records within the agency from any part of this section except subsections (b), (c)(1) and (2), (e)(4)(A) through88 Stat. 1903 (F), (e) (6), (7), (9), (10), and (11), and (i) if the system of records is— “(1) maintained by the Central Intelligence Agency; or “(2) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of (A) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status; (B) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual; or (C) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision. At the time rules are adopted under this subsection, the agency shall include in the statement required under section 553(c) of this title,

5 USC 553.

 the reasons why the system of records is to be exempted from a provision of this section. “(k) Specific Exemptions.— The head of any agency may promulgate rules, in accordance with the requirements (including general notice) of sections 553(b) (1), (2), and (3), (c), and (e) of this title, to exempt any system of records within the agency from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I) and (f) of this section if the system of records is— “(1) subject to the provisions of section 552(b) (1) of this title;

5 USC 552.

 “(2) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection (j) (2) of this section: Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would he held in confidence; “(3) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18; “(4) required by statute to be maintained and used solely as statistical records; “(5) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service. Federal contracts, or access to classified information, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence; “(6) testing or examination material used solely to determine individual qualifications for appointment or promotion in the88 Stat. 1904 Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process; or “(7) evaluation material used to determine potential for promotion in the armed services, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence. At the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 (c) of this title,

5 USC 553.

 the reasons why the system of records is to be exempted from a provision of this section. “(l) (1) Archival Records.— Each agency record which is accepted by the Administrator of General Services for storage, processing, and servicing in accordance with section 3103 of title 44 shall, for the purposes

44 USC 3103.

 of this section, be considered to be maintained by the agency which deposited the record and shall be subject to the provisions of this section. The Administrator of General Services shall not disclose the record except to the agency which maintains the record, or under rules established by that agency which are not inconsistent with the provisions of this section. “(2) Each agency record pertaining to an identifiable individual which was transferred to the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, prior to the effective date of this section, shall, for the purposes of this section, be considered to be maintained by the National Archives and shall not be subject to the provisions of this section, except that a statement

Publication in Federal Register.

 generally describing such records (modeled after the requirements relating to records subject to subsections (e) (4) (A) through (G) of this section) shall be published in the Federal Register. “(3) Each agency record pertaining to an identifiable individual which is transferred to the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, on or after the effective date of this section, shall, for the purposes of this section, be considered to be maintained by the National Archives and shall be exempt from the requirements of this section except subsections (e) (4) (A) through (G) and (e) (9) of this section. “(m) Government Contractors.— When an agency provides by a contract for the operation by or on behalf of the agency of a system of records to accomplish an agency function, the agency shall, consistent with its authority, cause the requirements of this section to be applied to such system. For purposes of subsection (i) of this section any such contractor and any employee of such contractor, if such contract is agreed to on or after the effective date of this section, shall be considered to be an employee of an agency. “(n) Mailing Lists.— An individual’s name and address may not be sold or rented by an agency unless such action is specifically authorized by law. This provision shall not be construed to require the withholding of names and addresses otherwise permitted to be made public. “(o) Report on New Systems.— Each agency shall provide adequate

Notice to Congress and OMB.

 advance notice to Congress and the Office of Management and Budget of any proposal to establish or alter any system of records in order to permit an evaluation of the probable or potential effect of such88 Stat. 1905 proposal on the privacy and other personal or property rights of individuals or the disclosure of information relating to such individuals, and its effect on the preservation of the constitutional principles of federalism and separation of powers. “(p) Annual Report.— The President shall submit to the Speaker

Report to Speaker of the House and President of the Senate.

 of the House and the President of the Senate, by June 30 of each calendar year, a consolidated report, separately listing for each Federal agency the number of records contained in any system of records which were exempted from the application of this section under the provisions of subsections (j) and (k) of this section during the preceding calendar year, and the reasons for the exemptions, and such other information as indicates efforts to administer fully this section. (q) Effect Of Other Laws.— No agency shall rely on any exemption contained in section 552 of this title to withhold from an individual

5 USC 552.

 any record which is otherwise accessible to such individual under the provisions of this section.”.
Sec. 4. The chapter analysis of chapter 5 of title 5, United States Code, is amended by inserting: “552a.

immediately below:

“552.
Sec. 5. (a) (1) There is established a Privacy Protection Study

Privacy Protection Study Commission.

Establishment.

5 USC 552a note.

Membership.

 Commission (hereinafter referred to as the “Commission”) which shall be composed of seven members as follows: (A) three appointed by the President of the United States, (B) two appointed by the President of the Senate, and (C) two appointed by the Speaker of the House of Representatives. Members of the Commission shall be chosen from among persons who, by reason of their knowledge and expertise in any of the following areas—civil rights and liberties, law, social sciences, computer technology, business, records management, and State and local government—are well qualified for service on the Commission. (2) The members of the Commission shall elect a Chairman from among themselves. (3) Any vacancy in the membership of the Commission, as long as

Vacancies.

 there are four members in office, shall not impair the power of the Commission but shall be filled in the same manner in which the original appointment was made. (4) A quorum of the Commission shall consist of a majority of the members, except that the Commission may establish a lower number as a quorum for the purpose of taking testimony. The Commission is authorized to establish such committees and delegate such authority to them as may be necessary to carry out its functions. Each member of the Commission, including the Chairman, shall have equal responsibility and authority in all decisions and actions of the Commission, shall have full access to all information necessary to the performance of their functions, and shall have one vote. Action of the Commission shall be determined by a majority vote of the members present. The Chairman (or a member designated by the Chairman to be acting Chairman) shall be the official spokesman of the Commission in its relations with the Congress, Government agencies, other persons, and the public, and, on behalf of the Commission, shall see to the faithful execution of the administrative policies and decisions of the Commission, and shall report thereon to the Commission from time to time or as the Commission may direct. 88 Stat. 1906 (5) (A) Whenever the Commission submits any budget estimate

Budget requests.

 or request to the President or the Office of Management and Budget, it shall concurrently transmit a copy of that request to Congress. (B) Whenever the Commission submits any legislative recommendations,

Legislative recommendations.

 or testimony, or comments on legislation to the President or Office of Management and Budget, it shall concurrently transmit a copy thereof to the Congress. No officer or agency of the United States shall have any authority to require the Commission to submit its legislative recommendations, or testimony, or comments on legislation, to any officer or agency of the United States for approval, comments, or review, prior to the submission of such recommendations, testimony, or comments to the Congress. (b) The Commission shall— (1) make a study of the data banks, automated data processing

Study.

 programs, and information systems of governmental, regional, and private organizations, in order to determine the standards and procedures in force for the protection of personal information; and (2) recommend to the President and the Congress the extent, if any, to which the requirements and principles of section 552a of title 5, United States Code, should be applied to the information

Ante, p. 1897.

 practices of those organizations by legislation, administrative action, or voluntary adoption of such requirements and principles, and report on such other legislative recommendations as it may determine to be necessary to protect the privacy of individuals while meeting the legitimate needs of government and society for information. (c) (1) In the course of conducting the study required under subsection (b) (1) of this section, and in its reports thereon, the Commission may research, examine, and analyze— (A) interstate transfer of information about individuals that is undertaken through manual files or by computer or other electronic or telecommunications means; (B) data banks and information programs and systems the operation of which significantly or substantially affect the enjoyment of the privacy and other personal and property rights of individuals; (C) the use of social security numbers, license plate numbers, universal identifiers, and other symbols to identify individuals in data banks and to gain access to, integrate, or centralize information systems and files; and (D) the matching and analysis of statistical data, such as Federal census data, with other sources of personal data, such as automobile registries and telephone directories, in order to reconstruct individual responses to statistical questionnaires for commercial or other purposes, in a way which results in a violation of the implied or explicitly recognized confidentiality of such information. (2) (A) The Commission may include in its examination personal information activities in the following areas: medical; insurance; education; employment and personnel; credit, banking and financial institutions; credit bureaus; the commercial reporting industry; cable television and other telecommunications media; travel, hotel and entertainment reservations; and electronic check processing. (B) The Commission shall include in its examination a study of— (i) whether a person engaged in interstate commerce who maintains a mailing list should be required to remove an individual’s name and address from such list upon request of that individual; 88 Stat. 1907 (ii) whether the Internal Revenue Service should be prohibited from transfering individually indentifiable data to other agencies and to agencies of State governments; (iii) whether the Federal Government should be liable for general damages incurred by an individual as the result of a willful or intentional violation of the provisions of sections 552a (g) (1)(C) or (D) of title 5, United States Code; and

Ante, p. 1897.

 (iv) whether and how the standards for security and confidentiality of records required under section 552a (e) (10) of such title should be applied when a record is disclosed to a person other than an agency. (C) The Commission may study such other personal information

Religious organizations, exception.

 activities necessary to carry out the congressional policy embodied in this Act, except that the Commission shall not investigate information systems maintained by religious organizations. (3) In conducting such study, the Commission shall—

Guidelines for study.

 (A) determine what laws, Executive orders, regulations, directives, and judicial decisions govern the activities under study and the extent to which they are consistent with the rights of privacy, due process of law, and other guarantees in the Constitution; (B) determine to what extent governmental and private information systems affect Federal-State relations or the principle of separation of powers; (C) examine the standards and criteria governing programs, policies, and practices relating to the collection, soliciting, processing, use, access, integration, dissemination, and transmission of personal information; and (D) to the maximum extent practicable, collect and utilize findings, reports, studies, hearing transcripts, and recommendations of governmental, legislative and private bodies, institutions, organizations, and individuals which pertain to the problems under study by the Commission. (d) In addition to its other functions the Commission may— (1) request assistance of the heads of appropriate departments, agencies, and instrumentalities of the Federal Government, of State and local governments, and other persons in carrying out its functions under this Act; (2) upon request, assist Federal agencies in complying with the requirements of section 552a of title 5, United States Code; (3) determine what specific categories of information, the collection of which would violate an individual’s right of privacy, should be prohibited by statute from collection by Federal agencies; and (4) upon request, prepare model legislation for use by State and local governments in establishing procedures for handling, maintaining, and disseminating personal information at the State and local level and provide such technical assistance to State and local governments as they may require in the preparation and implementation of such legislation. (e) (1) The Commission may, in carrying out its functions under this section, conduct such inspections, sit and act at such times and places, hold such hearings, take such testimony, require by subpena the attendance of such witnesses and the production of such books, records, papers, correspondence, and documents, administer such oaths, have such printing and binding done, and make such expenditures as the Commission deems advisable. A subpena shall be issued only upon an affirmative vote of a majority of all members of the Com-88 Stat. 1908mission. Subpenas shall be issued under the signature of the Chairman or any member of the Commission designated by the Chairman and shall be served by any person designated by the Chairman or any such member. Any member of the Commission may administer oaths or affirmations to witnesses appearing before the Commission. (2) (A) Each department, agency, and instrumentality of the executive branch of the Government is authorized to furnish to the Commission, upon request made by the Chairman, such information, data, reports and such other assistance as the Commission deems necessary to carry out its functions under this section. Whenever the head of

Reports, transmittal to Commission.

Ante, p. 1897.

 any such department, agency, or instrumentality submits a report pursuant to section 552a (o) of title 5, United States Code, a copy of such report shall be transmitted to the Commission. (B) In carrying out its functions and exercising its powers under this section, the Commission may accept from any such department, agency, independent instrumentality, or other person any individually indentifiable data if such data is necessary to carry out such powers and functions. In any case in which the Commission accepts any such information, it shall assure that the information is used only for the purpose for which it is provided, and upon completion of that purpose such information shall be destroyed or returned to such department, agency, independent instrumentality, or person from which it is obtained, as appropriate. (3) The Commission shall have the power to— (A) appoint and fix the compensation of an executive director, and such additional staff personnel as may be necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title relating

5 USC 5101, 5331.

 to classification and General Schedule pay rates, but at rates not in excess of the maximum rate for GS–18 of the General Schedule under section 5332 of such title; and

5 USC 5332 note.

 (B) procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code. The Commission may delegate any of its functions to such personnel of the Commission as the Commission may designate and may authorize such successive redelegations of such functions as it may deem desirable. (4) The Commission is authorized— (A) to adopt, amend, and repeal rules and regulations governing

Rules and regulations.

 the manner of its operations, organization, and personnel; (B) to enter into contracts or other arrangements or modifications thereof, with any government, any department, agency, or independent instrumentality of the United States, or with any person, firm, association, or corporation, and such contracts or other arrangements, or modifications thereof, may be entered into without legal consideration, without performance or other bonds, and without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5); (C) to make advance, progress, and other payments which the Commission deems necessary under this Act without regard to the provisions of section 3648 of the Revised Statutes, as amended (31 U.S.C. 529); and (D) to take such other action as may be necessary to carry out its functions under this section. 88 Stat. 1909 (f) (1) Each [the] member of the Commission who is an officer or

Compensation.

 employee of the United States shall serve without additional compensation, but shall continue to receive the salary of his regular position when engaged in the performance of the duties vested in the Commission. (2) A member of the Commission other than one to whom paragraph

Per diem.

 (1) applies shall receive per diem at the maximum daily rate for GS–18 of the General Schedule when engaged in the actual performance

5 USC 5332 note.

 of the duties vested in the Commission. (3) All members of the Commission shall be reimbursed for travel,

Travel expenses.

 subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Commission. (g) The Commission shall, from time to time, and in an annual

Report to President and Congress.

 report, report to the President and the Congress on its activities in carrying out the provisions of this section. The Commission shall make a final report to the President and to the Congress on its findings pursuant to the study required to be made under subsection (b) (1) of this section not later than two years from the date on which all of the members of the Commission are appointed. The Commission shall cease to exist thirty days after the date on which its final report is submitted to the President and the Congress. (h) (1) Any member, officer, or employee of the Commission, who

Penalties.

 by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. (2) Any person who knowingly and willfully requests or obtains any record concerning an individual from the Commission under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000.
Sec. 6. The Office of Management and Budget shall—

5 USC 552a note.

 (1) develop guidelines and regulations for the use of agencies in implementing the provisions of section 552a of title 6, United States Code, as added by section 3 of this Act; and

Ante, p. 1897.

 (2) provide continuing assistance to and oversight of the implementation of the provisions of such section by agencies.
Sec. 7. (a) (1) It shall be unlawful for any Federal, State or local

5 USC 552a note.

 government agency to deny to any individual any right, benefit, or privilege provided by law because of such individual’s refusal to disclose his social security account number. (2) the provisions of paragraph (1) of this subsection shall not apply with respect to— (A) any disclosure which is required by Federal statute, or (B) the disclosure of a social security number to any Federal, State, or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted prior to such date to verify the identity of an individual. (b) Any Federal, State, or local government agency which requests an individual to disclose his social security account number shall inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it.
88 Stat. 1910
Sec. 8. The provisions of this Act shall be effective on and after the

Effective date.

5 USC 552a note.

 date of enactment, except that the amendments made by sections 3 and 4 shall become effective 270 days following the day on which this Act is enacted.
Sec. 9. There is authorized to be appropriated to carry out the provisions

Appropriation.

5 USC 552a note.

 of section 5 of this Act for fiscal years 1975, 1976, and 1977 the sum of $1,500,000, except that not more than $750,000 may be expended during any such fiscal year.
Approved December 31, 1974.
Public Law 93–580: To provide for the establishment of the American Indian Policy Review Commission. Public Law 580 88 Stat. 1910 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–580
Joint Resolution To provide for the establishment of the American Indian Policy Review Commission.

January 2, 1975

[S. J. Res. 133]
congressional findings The Congress, after careful review of the Federal Government’s

25 USC 174 note.

 historical and special legal relationship with American Indian people, finds that— (a) the policy implementing this relationship has shifted and changed with changing administrations and passing years, without apparent rational design and without a consistent goal to achieve Indian self-sufficiency; (b) there has been no general comprehensive review of conduct of Indian affairs by the United States nor a coherent investigation of the many problems and issues involved in the conduct of Indian affairs since the 1928 Meriam Report conducted by the Institute for Government Research; and (c) in carrying out its responsibilities under its plenary power over Indian affairs, it is imperative that the Congress now cause such a comprehensive review of Indian affairs to be conducted.
declaration of purpose Congress declares that it is timely and essential to conduct a comprehensive review of the historical and legal developments underlying the Indians’ unique relationship with the Federal Government in order to determine the nature and scope of necessary revisions in the formulation of policies and programs for the benefit of Indians.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That—

American Indian Policy Review Commission.

Establishment.

25 USC 174 note.

Membership.

 (a) In order to carry out the purposes described in the preamble hereof and as further set out herein, there is hereby created the American Indian Policy Review Commission, hereinafter referred to as the “Commission”. (b) The Commission shall be composed of eleven members, as follows: (1) three Members of the Senate appointed by the President pro tempore of the Senate, two from the majority party and one from the minority party; (2) three Members of the House of Representatives appointed by the Speaker of the House of Representatives, two from the majority party and one from the minority party; and (3) five Indian members as provided in subsection (c) of this section. 88 Stat. 1911 (c) At its organization meeting, the members of the Commission appointed pursuant to section (b) (1) and (b) (2) of this section shall elect from among their members a Chairman and a Vice Chairman. Immediately thereafter, such members shall select, by majority vote, five Indian members of the Commission from the Indian community, as follows: (1) three members shall be selected from Indian tribes that are recognized by the Federal Government; (2) one member shall be selected to represent urban Indians; and (3) one member shall be selected who is a member of an Indian group not recognized by the Federal Government. None of the Indian members shall be employees of the Federal Government concurrently with their term of service on the Commission nor shall there be more than one member from any one Indian tribe. (d) Vacancies in the membership of the Commission shall not affect

Vacancies.

 the power of the remaining members to execute the functions of the Commission and shall be filled in the same manner as in the case of the original appointment. (e) Six members of the Commission shall constitute a quorum, but a smaller number, as determined by the Commission, may conduct hearings: Provided, That at least one congressional member must be present at any Commission hearing. (f) Members of the Congress who are members of the Commission shall serve without any compensation other than that received for their services as Members of Congress, but they may be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of duties vested in the Commission. (g) The Indian members of the Commission shall receive compensation for each day such members are engaged in the actual performance of duties vested in the Commission at a daily rate not to exceed the daily equivalent of the maximum annual compensation that may be paid to employees of the United States Senate generally. Each such member may be reimbursed for travel expenses, including per diem in lieu of subsistence.
Sec. 2. It shall be the duty of the Commission to make a comprehensive

Investigation and study.

25 USC 174 note.

 investigation and study of Indian affairs and the scope of such duty shall include, but shall not be limited to— (1) a study and analysis of the Constitution, treaties, statutes, judicial interpretations, and Executive orders to determine the attributes of the unique relationship between the Federal Government and Indian tribes and the land and other resources they possess; (2) a review of the policies, practices, and structure of the Federal agencies charged with protecting Indian resources and providing services to Indians: Provided, That such review shall include a management study of the Bureau of Indian Affairs utilizing experts from the public and private sector; (3) an examination of the statutes and procedures for granting Federal recognition and extending services to Indian communities and individuals; (4) the collection and compilation of data necessary to understand the extent of Indian needs which presently exist or will exist in the near future; (5) an exploration of the feasibility of alternative elective bodies which could fully represent Indians at the national level of Government to provide Indians with maximum participation in policy formation and program development; 88 Stat. 1912 (6) a consideration of alternative methods to strengthen tribal government so that the tribes might fully represent their members and, at the same time, guarantee the fundamental rights of individual Indians; and (7) the recommendation of such modification of existing laws, procedures, regulations, policies, and practices as will, in the judgment of the Commission, best serve to carry out the policy and declaration of purposes as set out above.
powers or the commission
Sec. 3 (a) The Commission or, on authorization of the Commission,

25 USC 174 note.

 any committee of two or more members is authorized, for the purposes of carrying out the provisions of this resolution, to sit and act at such places and times during the sessions, recesses, and adjourned periods of Congress, to require by subpena or otherwise the attendance of such witnesses and the production of such books, papers, and documents, to administer such oaths and affirmations, to take such testimony, to procure such printing and binding, and to make such expenditures, as it deems advisable. The Commission may make such rules respecting its organization and procedures as it deems necessary, except that no recommendation shall be reported from the Commission unless a majority of the Commission assent. Upon the authorization of the Commission subpenas may be issued over the signature of the Chairman of the Commission or of any member designated by him or the Commission, and may be served by such person or persons as may be designated by such Chairman or member. The Chairman of the Commission or any member thereof may administer oaths or affirmations to witnesses. (b) The provisions of sections 192 through 194, inclusive, of title 2, United States Code, shall apply in the case of any failure of any witness to comply with any subpena when summoned under this section. (c) The Commission is authorized to secure from any department, agency, or instrumentality of the executive branch of the Government any information it deems necessary to carry out its functions under this resolution and each such department, agency, or instrumentality is authorized and directed to furnish such information to the Commission and to conduct such studies and surveys as may be requested by the Chairman or the Vice Chairman when acting as Chairman. (d) If the Commission requires of any witness or of any Government

Confidential materials.

 agency the production of any materials which have theretofore been submitted to a Government agency on a confidential basis, and the confidentiality of those materials is protected by statute, the material so produced shall be held in confidence by the Commission.
investigating task forces
Sec. 4 (a) As soon as practicable after the organization of the

25 USC 174 note.

 Commission, the Commission shall, for the purpose of gathering facts and other information necessary to carry out its responsibilities pursuant to section 2 of this resolution, appoint investigating task forces to be composed of three persons, a majority of whom shall be of Indian descent. Such task forces shall be appointed and directed to make preliminary investigations and studies in the various areas of Indian affairs, including, but not limited to— (1) trust responsibility and Federal-Indian relationship, including treaty review; (2) tribal government; (3) Federal administration and structure of Indian affairs; 88 Stat. 1913 (4) Federal, State, and tribal jurisdiction; (5) Indian education; (6) Indian health; (7) reservation development; (8) urban, rural nonreservation, terminated, and nonfederally recognized Indians; and (9) Indian law revision, consolidation, and codification. (b) (i) Such task forces shall have such powers and authorities, in carrying out their responsibilities, as shall be conferred upon them by the Commission, except that they shall have no power to issue subpenas or to administer oaths or affirmations: Provided, That they may call upon the Commission or any committee thereof, in the (Commission’s discretion, to assist them in securing any testimony, materials, documents, or other information necessary for their investigation and study. (ii) The Commission shall require each task force to provide written quarterly reports to the Commission on the progress of the task force and, in the discretion of the Commission, an oral presentation of such report. In order to insure the correlation of data in the final report and recommendations of the Commission, the Director of the Commission shall coordinate the independent efforts of the task force groups. (c) The Commission may fix the compensation of the members of such task forces at a rate not to exceed the daily equivalent of the highest rate of annual compensation that may be paid to employees of the United States Senate generally. (d) The Commission shall, pursuant to section 6, insure that the task forces are provided with adequate staff support in addition to that authorized under section 6(a), to carry out the projects assigned to them. (e) Each task force appointed by the Commission shall, within one year from the date of the appointment of its members, submit to the Commission its final report of investigation and study together with recommendations thereon.
report of the commission
Sec. 5. (a) Upon the report of the task forces made pursuant to

25 USC 174 note.

 section 4 hereof, the Commission shall review and compile such reports, together with its independent findings, into a final report. Within six months after the reports of the investigating task forces, the Commission

Report, submittal to President of the senate and Speaker of the House.

 shall submit its final report, together with recommendations thereon, to the President of the Senate and the Speaker of the House of Representatives. The Commission shall cease to exist six months

Termination.

 after submission of said final report but not later than June 30, 1977. All records and papers of the Commission shall thereupon be delivered to the Administrator of the General Services Administration for deposit in the Archives of the United States. (b) Any recommendation of the Commission involving the enactment of legislation shall be referred by the President of the Senate or the Speaker of the House of Representatives to the appropriate standing committee of the Senate and House of Representatives, respectively, and such committees shall make a report thereon to the respective house within two years of such referral.
88 Stat. 1914
commission staff
Sec. 6. (a) The Commission may by record vote of a majority of

25 USC 174 note.

 the Commission members, appoint a Director of the Commission, a General Counsel, one professional staff member, and three clerical assistants. The Commission shall prescribe the duties and responsibilities of such staff members and fix their compensation at per annum gross rates not in excess of the per annum rates of compensation prescribed for employees of standing committees of the Senate. (b) In carrying out any of its functions under this resolution, the Commission is authorized to utilize the services, information, facilities, and personnel of the Executive departments and agencies of the Government, and to procure the temporary or intermittent services of experts or consultants or organizations thereof by contract at rates of compensation not in excess of the daily equivalent of the highest per annum rate of compensation that may be paid to employees of the Senate generally.
Sec. 7. There is hereby authorized to be appropriated a sum not to

Appropriation.

25 USC 174 note.

 exceed $2,500,000 to carry out the provisions of this resolution. Until such time as funds are appropriated pursuant to this section, salaries and expenses of the Commission shall be paid from the contingent fund of the Senate upon vouchers approved by the Chairman. To the extent that any payments are made from the contingent fund of the Senate prior to the time appropriation is made, such payments shall be chargeable against the maximum amount authorized herein.
Approved January 2, 1975.
Public Law 93–581: Authorizing the Architect of the Capitol to permit certain temporary and permanent construction work on the Capitol Grounds in connection with the erection of an addition to a building on privately owned property adjacent to the Capitol Grounds. Public Law 581 88 Stat. 1914 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–581
Joint Resolution Authorizing the Architect of the Capitol to permit certain temporary and permanent construction work on the Capitol Grounds in connection with the erection of an addition to a building on privately owned property adjacent to the Capitol Grounds.

January 2, 1975

[S. J. Res. 262]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

U.S. Capitol Grounds.

Temporary and permanent construction, authorization.
Section 1. (a) The Architect of the Capitol is hereby authorized to permit (1) the performance within the United States Capitol Grounds of excavation, temporary construction, or other work, that may be necessary for the construction of an addition to the national headquarters building, and other related facilities, of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers on D Street Northwest between New Jersey Avenue Northwest and Louisiana Avenue Northwest commencing at the westerly end of the existing headquarters building and extending westward to a point approximately thirty-five feet from the intersection of New Jersey Avenue and D Street Northwest, in the District of Columbia; and (2) the use of Capitol Grounds property located north of the street curb on D Street Northwest between New Jersey Avenue Northwest and Louisiana Avenue Northwest, for purposes of ingress and egress to and from the building site during such construction. No permanent construction shall extend into the United States Capitol Grounds except as otherwise provided in subsection (b) of this section. (b) The Architect of the Capitol is hereby authorized to permit the following improvements of a permanent nature to be made on Capitol Grounds property located north of the street curb at D Street Northwest between New Jersey Avenue Northwest and Louisiana Avenue Northwest: 88 Stat. 1915 (1) the extension of existing sewers and the building of new manholes under the northern sidewalk of D Street Northwest between New Jersey Avenue Northwest and Louisiana Avenue Northwest, to accommodate service laterals from the proposed new building addition, and the installation of necessary laterals; (2) the installation of service laterals from existing water mains under the northern sidewalk of D Street Northwest between New Jersey Avenue Northwest and Louisiana Avenue Northwest, as may be required for the proposed new building addition; (3) the removal and replacement of existing sidewalks located on Capitol Grounds property north of the curbline on D Street Northwest between New Jersey Avenue Northwest and Louisiana Avenue Northwest, including the removal and replacement of a driveway into an existing parking lot, to serve building facilities after construction of the proposed new building addition; (4) the planting of additional trees between the street curb and the new sidewalk along D Street Northwest between New Jersey Avenue Northwest and Louisiana Avenue Northwest, of a number and kind prescribed and selected by the Architect of the Capitol; (5) the regrading and resodding of the remaining area between the street curb and the new sidewalk north on the curbline on D Street Northwest between New Jersey Avenue Northwest and Louisiana Avenue Northwest; and (6) the plugging and filling of any portion of abandoned sewer and the repair and/or alteration of any active sewer which extend into the Capitol Grounds on D Street Northwest between New Jersey Avenue Northwest and Louisiana Avenue Northwest and which are encountered or damaged during excavation for, and construction of, the proposed new building addition.
Sec. 2. The United States shall not incur any expense or liability

Expense and liability.

 whatsoever, under or by reason of this joint resolution, or be liable under any claim of any nature or kind that may arise from anything that may be connected with or grow out of this joint resolution.
Sec. 3. No work shall be performed within the Capitol Grounds pursuant to this joint resolution until the Architect of the Capitol shall have been furnished with such assurances as he may deem necessary that all areas within such grounds, disturbed by reason of such construction, shall, except as otherwise provided in this joint resolution, be restored to their original condition without expense to the United States; and all work within the Capitol Grounds herein authorized shall be performed under conditions satisfactory to the Architect of the Capitol.
Approved January 2, 1975.
Public Law 93–582: To declare that certain land of the United States is held by the United States in trust for the Cheyenne-Arapaho Tribes of Oklahoma. Public Law 582 88 Stat. 1915 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–582
An Act To declare that certain land of the United States is held by the United States in trust for the Cheyenne-Arapaho Tribes of Oklahoma.

January 2, 1975

[S. 521]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That all right, title,

Indians.

Cheyenne-Arapaho Tribes, Okla.

Lands in trust.

and interest of the United States in and to the following described land, and improvements thereon, are hereby declared to be held by the United States in trust for the Cheyenne-Arapaho Tribes of Oklahoma:

Beginning at the southwest corner of lot 2 in the northwest quarter of section 7, township 19 north, range 14 west of the Indian meridian, Dewey County, State of Oklahoma, thence east 20 rods, thence north88 Stat. 1916 40 rods, thence west 20 rods to the west line of said lot 2, thence south 40 rods to the place of beginning, containing 5 acres, more or less.
Sec. 2. This conveyance is subject to existing rights-of-way for waterlines, electric transmission lines, roads, and railroads.
Approved January 2, 1975.
Public Law 93–583: To amend title 18 of the United States Code to permit the transportation, mailing, and broadcasting of advertising, information, and materials concerning lotteries authorized by law and conducted by a State, and for other purposes. Public Law 583 88 Stat. 1916 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–583
An Act To amend title 18 of the United States Code to permit the transportation, mailing, and broadcasting of advertising, information, and materials concerning lotteries authorized by law and conducted by a State, and for other purposes.

January 2, 1975

[S. 544]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That chapter 61 of

State lotteries.

 title 18 of the United States Code (relating to lotteries) is amended by adding at the end thereof the following new section:

18 USC 1301.
Ҥ1307. State-conducted lotteries

18 USC 1307.

 “(a) The provisions of sections 1301, 1302, 1303, and 1304 shall not

18 USC 1301, 1302, 1303, 1304.

 apply to an advertisement, list of prizes, or information concerning a lottery conducted by a State acting under the authority of State law— “(1) contained in a newspaper published in that State, or “(2) broadcast by a radio or television station licensed to a location in that State or an adjacent State which conducts such a lottery. “(b) The provisions of sections 1301, 1302, and 1303 shall not apply to the transportation or mailing to addresses within a State of tickets and other material concerning a lottery conducted by that State acting under authority of State law. “(c) For the purposes of this section ‘State’ means a State of the

“State.”

 United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. “(d) For the purposes of this section ‘lottery’ means the pooling

“Lottery.”

 of proceeds derived from the sale of tickets or chances and allotting those proceeds or parts thereof by chance to one or more chance takers or ticket purchasers. ‘Lottery’ does not include the placing or accepting of bets or wagers on sporting events or contests.”
Sec. 2. The sectional analysis for chapter 61 is amended by adding the following item: “1307.
Sec. 3. Section 1953(b) of title 18 of the United States Code is amended by changing the period to a comma and adding: “or (4) equipment, tickets, or materials used or designed for use within a State in a lottery conducted by that State acting under authority of State law.”
Sec. 4. Section 3005 of title 39 of the United States Code is amended by adding at the end thereof the following subsection: “(d) Nothing in this section shall prohibit the mailing of (1) a newspaper of general circulation published in a State containing advertisements, lists of prizes, or information concerning a lottery conducted by that State acting under authority of State law, or (2) tickets or other materials concerning such a lottery within that State to addresses within that State. For the purposes of this subsection, ‘State’ means a State of the United States, the District of Columbia,

“State.”

 the Commonwealth of Puerto Rico, and any territory or possession of the United States.”.
Approved January 2, 1975.
Public Law 93–584: To improve judicial machinery by amending title 28, United States Code, with respect to judicial review of decisions of the Interstate Commerce Commission and for other purposes. Public Law 584 88 Stat. 1917 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 1917 Public Law 93–584
An Act To improve judicial machinery by amending title 28, United States Code, with respect to judicial review of decisions of the Interstate Commerce Commission and for other purposes.

January 2, 1975

[S. 663]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 1336 (a)

ICC decisions.

Judicial review.

 of title 28, United States Code, is amended to read as follows: “(a) Except as otherwise provided by Act of Congress, the district courts shall have jurisdiction of any civil action to enforce, in whole or in part, any order of the Interstate Commerce Commission, and to enjoin or suspend, in whole or in part, any order of the Interstate Commerce Commission for the payment of money or the collection of fines, penalties, and forfeitures.”
Sec. 2. Section 1398(a) of title 28, United States Code is amended to read as follows: “(a) Except as otherwise provided by law, a civil action brought under section 1336(a) of this title shall be brought only in a judicial

Supra.

 district in which any of the parties bringing the action resides or has its principal office.
Sec. 3. Section 2341 (3) (A) of title 28, United States Code, is amended by inserting following “Federal Maritime Commission,” the words “the Interstate Commerce Commission,”.
Sec. 4. Section 2342 of title 28, United States Code, is amended as follows: (a) In the paragraph designated “(3)”, following the semicolon, strike “and”; (b) In the paragraph designated “(4)”, strike the period and insert in lieu thereof a semicolon followed by the word “and”; (c) Add a new paragraph “(5)” as follows: “(5) all rules, regulations, or final orders of the Interstate Commerce Commission made reviewable by section 2321 of this title.”

Infra.
Sec. 5. Section 2321 of title 28, United States Code, is amended to read:
“§2321. Judicial review of Commission’s orders and decisions; procedure generally; process

28 USC 2321.

 “(a) Except as otherwise provided by an Act of Congress, a proceeding to enjoin or suspend, in whole or in part, a rule, regulation, or order of the Interstate Commerce Commission shall be brought in the court of appeals as provided by and in the manner prescribed in chapter 158 of this title.

28 USC 2341.

 “(b) The procedure in the district courts in actions to enforce, in whole or in part, any order of the Interstate Commerce Commission other than for payment of money or the collection of fines, penalties, and forfeitures, shall be as provided in this chapter. “(c) The orders, writs, and process of the district courts may, in the cases specified in subsection (b) and in the cases and proceedings under section 20 of the Act of February 4, 1887, as amended (24 Stat. 386; 49 U.S.C. 20), section 23 of the Act of May 16, 1942, as amended (56 Stat. 301; 49 U.S.C. 23), and section 3 of the Act of February 19, 1903, as amended (32 Stat. 848; 49 U.S.C. 43), run, be served and be

Ante, p. 1709.

 returnable anywhere in the United States.”
Sec. 6. The first paragraph of section 2323 of title 28, United States Code, is amended to read as follows:

“The Attorney General shall represent the Government in the actions specified in section 2321 of this title and in actions under

Supra.

section 20 of the Act of February 4, 1887, as amended (24 Stat. 386; 49 U.S.C. 20), section 23 of the Act of May 16, 1942, as amended (5688 Stat. 1918 Stat. 301; 49 U.S.C. 23), and section 3 of the Act of February 19, 1903, as amended (32 Stat. 848; 49 U.S.C. 43).”

Ante, p. 1709.

Repeals.
Sec. 7. Sections 2324 and 2325 of title 28, United States Code, are hereby repealed.
Sec. 8. The table of sections of chapter 157 of title 28, United States Code, is amended to read: “Chapter 157.— INTERSTATE COMMERCE COMMISSION ORDERS; ENFORCEMENT AND REVIEW “Sec. “2321. “2322. “2323.
Sec. 9. The proviso in section 205(g) of the Motor Carrier Act, as amended (49 Stat. 550; 49 U.S.C. 305(g)), is amended by striking “file a bill of complaint with the appropriate District Court of the United States, convened under section 2284 of title 28 of the United States” and inserting in lieu thereof “commence appropriate judicial proceedings in a court of the United States under those provisions of law applicable in the case of proceedings to enjoin or suspend rules, regulations, or orders of the Commission”.
Sec. 10. This Act shall not apply to any action commenced on or before the last day of the first month beginning after the date of

28 USC 2321 note.

 enactment. However, actions to enjoin or suspend orders of the Interstate Commerce Commission which are pending when this Act becomes effective shall not be affected thereby, but shall proceed to final disposition under the law existing on the date they were commenced.
Approved January 2, 1975.
Public Law 93–585: To recognize the fifty years of extraordinary and selfless public service of Herbert Hoover, including his many great humanitarian endeavors, his chairmanship of two Commissions of the Organization of the Executive Branch, and his service as thirty-first President of the United States, and in commemoration of the one hundredth anniversary of his birth on August 10, 1974, by providing grants to the Hoover Institution on War, Revolution, and Peace. Public Law 585 88 Stat. 1918 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–585
An Act To recognize the fifty years of extraordinary and selfless public service of Herbert Hoover, including his many great humanitarian endeavors, his chairmanship of two Commissions of the Organization of the Executive Branch, and his service as thirty-first President of the United States, and in commemoration of the one hundredth anniversary of his birth on August 10, 1974, by providing grants to the Hoover Institution on War, Revolution, and Peace.

January 2, 1975

[S. 1418]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) in order

Hoover Institution on War, Revolution, and Peace, Standford University, Calif.

Grants.

 to establish an appropriate memorial to the late President Herbert Hoover, the Secretary of the Treasury (hereinafter referred to as the “Secretary”) is authorized to make grants, in accordance with the provisions of this Act, to the Hoover Institution on War, Revolution, and Peace, Stanford University, Stanford, California. (b) No grant may be made under this Act for any fiscal year unless— (1) the Secretary determines that the total of such grants for that year will not exceed the total amount of gifts, bequests, and devises of money, securities, and other property, made after the date of enactment of this Act, for that year for the benefit of the Hoover Institution on War, Revolution, and Peace; and (2) the Hoover Institution on War, Revolution, and Peace furnishes to the Secretary such information at such times and in such manner as he may require. 88 Stat. 1919 (c) Grants made under this Act may be used for the construction

Construction.

 of a new educational building to be used by the Hoover Institution on War, Revolution, and Peace, and for the equipment of such building.
Sec. 2. (a) The Congress finds that, if a facility constructed with the aid of any grant under this Act is used as an educational facility for twenty years following completion of such construction, the public benefit accruing to the United States from such use will equal in value the amount of such grant or grants. The period of twenty years after completion of such construction shall, therefore, be deemed to be the period of Federal interest in such facility for the purposes of this Act. (b) If, within twenty years after completion of construction of

Grants, recovery.

 an educational facility which has been constructed in part with a grant or grants under this Act— (1) the Hoover Institution on War, Revolution, and Peace (or its successor in title or possession) ceases or fails to be a non-profit institution, or (2) the facility ceases to be used as an educational facility, unless the Secretary determines that there is good cause for releasing the institution from its obligation, the United States shall be entitled to recover from such Institution (or successor) an amount which bears to the then value of the facility the same ratio as the amount of such Federal grant or grants bore to the development cost of the facility (as determined by the Secretary) financed with the aid of such grant or grants. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which such facility is situated. (c) Notwithstanding the provisions of subsections (a) and (b), no

Religious usage , prohibition.

 facility constructed with assistance under this Act shall ever be used for religious worship or a sectarian activity or for a school or department of divinity.
Sec. 3. The Comptroller General of the United States, or any of his

Records, accessibility.

 duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the Hoover Institution on War, Revolution, and Peace that are pertinent to the grant received.
Sec. 4. The Hoover Institution on War, Revolution, and Peace shall,

Report to President and Congress.

 annually, prepare and furnish to the President and the Congress a report on the expenditure of funds received by the Institution in the previous fiscal year during the period for which grants are made under this Act.
Sec. 5. There are authorized to be appropriated to the Secretary

Appropriation.

 for making grants in accordance with this Act amounts not to exceed $7,000,000. Funds appropriated pursuant to this Act shall be available without fiscal year limitation, for the period beginning on the date of enactment of this Act and ending five years after such date.
Sec. 6. Grants made pursuant to this Act shall be the sole Federal memorial to the late President Herbert Hoover.
Approved January 2, 1975.
Public Law 93–586: To amend title 10, United States Code, to provide certain benefits to members of the Coast Guard Reserve, and for other purposes. Public Law 586 88 Stat. 1920 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 1920 Public Law 93–586
An Act To amend title 10, United States Code, to provide certain benefits to members of the Coast Guard Reserve, and for other purposes.

January 2, 1975

[S. 2149]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 684 of

Coast Guard Reserve.

Benefits.

 title 10, United States Code, is amended by striking out “or Marine Corps” and inserting in place thereof “Marine Corps, or Coast Guard” in subsections (a) and (b).
Sec. 2. Section 1005 of title 10, United States Code, is amended by striking out the period at the end of the first sentence and adding “or chapter 21 of title 14.”.

14 USC 751a.
Sec. 3. Section 1006 of title 10, United States Code, is amended— (1) by adding “or chapter 21 of title 14,” after “or 863 of this title” in subsections (a) and (b); (2) by striking out “of the Army or the Air Force” in subsection (c); and (3) by adding “or title 14” at the end of the first sentence in subsection (e).
Approved January 2, 1975.
Public Law 93–587: To name the Federal building, United States post office, United States courthouse, in Brunswick, Georgia, as the “Frank M. Scarlett Federal Building”. Public Law 587 88 Stat. 1920 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–587
An Act To name the Federal building, United States post office, United States courthouse, in Brunswick, Georgia, as the “Frank M. Scarlett Federal Building”.

January 2, 1975

[S. 2807]

 Be it enacted by the Senate and House of Representatives of the United States of America on Congress assembled,
That the Federal

Frank M. Scarlett Federal Building.

 building, United States post office, United States courthouse, at 801 Gloucester Street, Brunswick, Georgia, shall hereafter be known and

Designation.

 designated as the “Frank M. Scarlett Federal Buiding”. Any reference in a law, map, regulation, document, record, or other paper of the United States to such building shall be held to be a reference to the “Frank M. Scarlett Federal Building”.
Approved January 2, 1975.
Public Law 93–588: To convey certain land of the United States to the Inter-Tribal Council, Incorporated, Miami, Oklahoma. Public Law 588 88 Stat. 1920 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–588
An Act To convey certain land of the United States to the Inter-Tribal Council, Incorporated, Miami, Oklahoma.

January 2, 1975

[S. 2888]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) all right,

Indians.

Inter-Tribal Council, Inc., Okla.

Lands in trust.

 title, and interest of the United States in and to the land more particularly described in subsection (b) of this section are hereby declared to be held in trust by the United States for the Indian tribes described in and subject to section 2 of this Act. (b) The land referred to in subsection (a) is more particularly described as follows: south half of the northwest quarter and that part of the north half of the southwest quarter of section 21, township 27 north, range 24 east, lying north of the centerline of Highway Numbered 60, I.B.M., containing one hundred and fourteen acres, more or less, in Ottawa County, Oklahoma.
88 Stat. 1921
Sec. 2. The land referred to in section 1 shall be held in trust by the United States jointly for the Seneca-Cayuga Tribe of Oklahoma, Quapaw Tribe of Oklahoma, Eastern Shawnee Tribe of Oklahoma, Miami Tribe of Oklahoma, Peoria Tribe of Indians of Oklahoma, Ottawa Tribe of Oklahoma, Wyandotte Tribe of Oklahoma, and Modoc Tribe of Oklahoma: Provided, That the following tribes shall have no right or interest in such land (a) so long as they are subject to the provisions of law cited below and (b) if they are still subject to such provisions five years after enactment of this Act: (1) Peoria Tribe of Indians—sections 3 and 4 of the Act of August 2, 1956 (70 Stat. 937; 25 U.S.C. 823 and 824); (2) Ottawa Tribe of Oklahoma—sections 8 and 9 of the Act of August 3, 1956 (70 Stat. 963, 964; 25 U.S.C. 848 and 849); and (3) Wyandotte Tribe of Oklahoma—sections 13 and 14 of the Act of August 1, 1956 (70 Stat. 893, 896, 25 U.S.C. 803 and 804): Provided further, That the Modoc Tribe of Oklahoma shall have no right or interest in such lands (a) so long as the Modoc Indians in Oklahoma are subject to sections 18 and 19 of the Act of August 13, 1954 (68 Stat. 718, 722, 25 U.S.C. 564q and 564r), (b) until a Modoc Tribe of Oklahoma is organized and federally recognized, and (c) if five years after enactment of this Act, such Indians are still subject to such section and such tribe has not been so organized and recognized.
Approved January 2, 1975.
Public Law 93–589: To amend the Act of August 10, 1939 (53 Stat. 1347), and for other purposes. Public Law 589 88 Stat. 1921 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–589
An Act To amend the Act of August 10, 1939 (53 Stat. 1347), and for other purposes.

January 2, 1975

[S. 3289]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 2 of

Kaniksu National Forest, Wash.

16 USC 486a–486w note.

 the Act of August 10, 1939 (53 Stat. 1350) is hereby amended to read as follows:
“Sec. 2. Any of the non-Federal lands described in the first section of this Act may be accepted in exchange under the provisions of the Act entitled ‘An Act to consolidate national forest lands,’ approved March 20, 1922, as amended (42 Stat. 465; 43 Stat. 1090). All of such

16 USC 485, 486.

 lands so accepted in exchange shall thereupon be added to and made a part of the national forest in which they are located and shall thereafter be administered under the laws and regulations relating to the national forests. Lands received in exchange or purchased under the provisions of this Act shall be open to mineral locations, mineral development, and patent, in accordance with the mining laws of the United States.”.
Sec. 2. All exchanges made prior to the date of this Act involving any non-Federal lands within the area described in section 1 of the Act of August 10, 1939 (53 Stat. 1347) are hereby approved and confirmed.
Approved January 2, 1975.
Public Law 93–590: To authorize the conveyance of certain lands to the United States in trust for the Absentee Shawnee Tribe of Indians of Oklahoma. Public Law 590 88 Stat. 1922 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 1922 Public Law 93–590
An Act To authorize the conveyance of certain lands to the United States in trust for the Absentee Shawnee Tribe of Indians of Oklahoma.

January 2, 1975

[S. 3358]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the duly authorized

Indians.

Absentee Shawnee Tribe, Okla.

Land in trust.

tribal officials of the Absentee Shawnee Tribe of Indians of Oklahoma are hereby authorized to convey to the United States in trust for the Absentee Shawnee Tribe of Indians of Oklahoma the following described land and the improvements thereon, subject to all valid existing rights, and the United States will accept such conveyance when approved by the Secretary of the Interior:

All that part of the northeast quarter southwest quarter section 31, township 10 north, range 4 east, Indian meridian, Pottawatomie County, Oklahoma, described as: Beginning at a point 1,320 feet south and 726 feet west of the northeast corner of said northeast quarter southwest quarter; thence north 220.44 feet; thence west 594 feet to the point of intersection with the west line of said northeast quarter southwest quarter; thence north along the west line a distance of 439.56 feet to the midpoint of the west line of said northeast quarter southwest quarter; thence east a distance of 17 feet to the intersection of the west right-of-way line of Oklahoma State Highway Numbered 18; thence northeasterly along said west right-of-way line a distance of 493 feet; thence east 1,485 feet to the west right-of-way line of the Atchison, Topeka, and Santa Fe Railroad right-of-way; thence southwesterly along said west right-of-way line a distance of 1,223 feet to a point in the south line of said northeast quarter southwest quarter, said point being 129 feet west of the southeast corner of said northeast quarter southwest quarter; thence west along the south line of said northeast quarter southwest quarter a distance of 597 feet to the point of beginning; containing 33.23 acres, more or less.
Approved January 2, 1975.
Public Law 93–591: To authorize the conveyance of certain lands to the United States in trust for the Citizen Band of Pottawatomie Indians. Public Law 591 88 Stat. 1922 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–591
An Act To authorize the conveyance of certain lands to the United States in trust for the Citizen Band of Pottawatomie Indians.

January 2, 1975

[S. 3359]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the duly

Citizen Band of Pottawatomie Indians, Okla.

Lands in trust.

 elected officials of the Citizen Band of Pottawatomie Indians of Oklahoma are hereby authorized to convey to the United States in trust for the Citizen Band of Pottawatomie Indians of Oklahoma the following described lands and the improvements thereon, subject to all valid existing rights, and the United States will accept such conveyance when approved by the Secretary of the Interior:
Tract Numbered 1 The northeast quarter northeast quarter, southeast quarter northeast quarter, southwest quarter northeast quarter section 31, township 10 north, range 4 east, Indian meridian, Pottawatomie County, Oklahoma, containing 120.00 acres, more or less.
88 Stat. 1923
Tract Numbered 2 That part of the northwest quarter southeast quarter section 31, township 10 north, range 4 east, Indian meridian, Pottawatomie County, Oklahoma, described as: Beginning at the southwest corner of said northwest quarter southeast quarter; thence east 1,320 feet; thence north 1,320 feet; thence west 1,320 feet to the center of said section; thence south 167 feet; thence east 183 feet to the intersection with the west line of the Atchison, Topeka, and Santa Fe Railroad right-of-way; thence southwesterly along the west right-of-way line a distance of 856 feet to the intersection with a point in the west line of the northwest quarter southeast quarter, said point being 983 feet south of the center of section 31; thence south along the west line of the northwest quarter southeast quarter, a distance of 337 feet, to the point of beginning, containing 38.29 acres, more or less.
Tract Numbered 3 That part of the southeast quarter northwest quarter section 31, township 10 north, range 4 east, Indian meridian, Pottawatomie County, Oklahoma, described as: Beginning at the northeast corner of said southeast quarter northwest quarter; thence south 1,320 feet to the center of said section 31; thence west along the south line of said southeast quarter northwest quarter, a distance of 1,255.4 feet to the intersection with the centerline of Oklahoma State Highway Numbered 18; thence northwesterly along the centerline of the highway a distance of 660.58 feet to a point on the south line of the northwest quarter southeast quarter northwest quarter; thence east 38 feet to the intersection with the east right-of-way line of Oklahoma State Highway Numbered 18; thence northwesterly along the east right-of-way line to a point in the north line of said southeast quarter northwest quarter, said point being 58 feet east of the northwest corner of said southeast quarter northwest quarter; thence east a distance of 1,262 feet to the point of beginning; containing 38.63 acres, more or less.
Tract Numbered 4 That part of the northeast quarter southwest quarter section 31, township 10 north, range 4 east, Indian meridian, Pottawatomie County, Oklahoma, described as: Beginning at the northeast corner of said northeast quarter southwest quarter, said point being the center of section 31; thence south 167 feet; thence west 1,302 feet to the intersection with the west line of the right-of-way of Oklahoma State Highway Numbered 18; thence northeasterly along the west right-of-way line a distance of 167 feet to the north line of said northeast quarter southwest quarter; thence east along said north line a distance 1,297.4 feet to the point of beginning; containing 4.678 acres, more or less.
Tract Numbered 5 That part of the northeast quarter southwest quarter section 31, township 10 north, range 4 east, Indian meridian, Pottawatomie County, Oklahoma, described as: Beginning at the southeast corner of said northeast quarter southwest quarter; thence north along the east line of said northeast quarter southwest quarter a distance of 337 feet to the intersection with the west right-of-way line of the Atchison, Topeka, and Santa Fe Railroad right-of-way; thence southwesterly along said west right-of-way line a distance of 367 feet to the intersection with the south line of said northeast quarter southwest quarter;88 Stat. 1924 thence east along the south line a distance of 129 feet to the point of beginning; containing .498 acre, more or less.
Tract Numbered 6 The reserved mineral deposits, including the right to prospect for and remove the same, in and under lands described as the south half of lot 2 (southwest quarter northwest quarter), and that part of the southwest quarter southeast quarter northwest quarter lying west of the centerline of Oklahoma State Highway Numbered 18 and adjacent to the south half of said lot 2, all in section 31; township 10 north, range 4 east, Indian meridian, Pottawatomie County, Oklahoma, containing 19.87 acres, more or less, which lands were previously conveyed to Pottawatomie County, Oklahoma, by quitclaim deed dated December 17, 1959, pursuant to the Act of June 4, 1953 (67 Stat. 71; 25 U.S.C. 293a), said deed appearing of record in Pottawatomie County, Oklahoma, in deed book 174 at page 367 of the land records of said county.
Tract Numbered 7 That part of lot 1 (northwest quarter of northwest quarter) and north half of lot 2 (north half of southwest quarter of northwest quarter) and the part of the north half of the southeast quarter of the northwest quarter lying west of the east right-of-way line of Oklahoma State Highway Numbered 18, all in section 31, township 10 north, range 4 east of the Indian meridian, Pottawatomie County, Oklahoma, containing 57.99 acres, more or less, subject to the right of the Absentee Shawnee Tribe of Indians of Oklahoma, the Sac and Fox Tribe of Indians of Oklahoma, the Kickapoo Tribe of Indians of Oklahoma, and the Iowa Tribe of Indians of Oklahoma to use the Pottawatomie community house that may be constructed and maintained thereon.
Approved January 2, 1975.
Public Law 93–592: To extend certain authorizations under the Federal Water Pollution Control Act, as amended, and for other purposes. Public Law 592 88 Stat. 1924 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–592
An Act To extend certain authorizations under the Federal Water Pollution Control Act, as amended, and for other purposes.

January 2, 1975

[S. 4073]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Federal Water Pollution Control Act, amendments.

33 USC 1254.
Section 1. Section 104(u) of the Federal Water Pollution Control Act, as amended (86 Stat. 825), is amended by— (a) striking in paragraph (1) “and the fiscal year ending June 30, 1974,” and inserting in lieu thereof “the fiscal year ending June 30, 1974, and the fiscal year ending June 30, 1975,”; (b) striking in paragraph (2) “fiscal years 1973 and 1974” and inserting in lieu thereof “fiscal years 1973, 1974. and 1975”; (c) striking in paragraph (3) “fiscal year 1973” and inserting in lieu thereof “fiscal years 1973, 1974, and 1975”; (d) striking in paragraph (4) “and June 30, 1974,” and inserting in lieu thereof “June 30, 1974, and June 30, 1975,”; (e) striking in paragraph (5) “and June 30, 1974,” and inserting in lieu thereof “June 30, 1974, and June 30, 1975,”; and (f) striking in paragraph (6) “and June 30, 1974,” and inserting in lieu thereof “June 30, 1974, and June 30, 1975,”.
88 Stat. 1925
Sec. 2. Section 105(h) of the Federal Water Pollution Control Act, as amended (86 Stat. 826), is amended by striking “and the fiscal

33 USC 1255.

 year ending June 30, 1974,” and inserting in lieu thereof “the fiscal year ending June 30, 1974, and the fiscal year ending June 30, 1975,”.
Sec. 3. Section 106(a) (2) of the Federal Water Pollution Control Act, as amended (86 Stat. 827), is amended by striking “June 30,

33 USC 1256.

 1974;” and inserting in lieu thereof “June 30, 1974, and the fiscal year ending June 30, 1975;”.
Sec. 4. Section 112(c) of the Federal Water Pollution Control Act, as amended (86 Stat. 832), is amended by striking “and June 30, 1974,”

33 USC 1262.

 and inserting in lieu thereof “June 30, 1974, and June 30, 1975,”.
Sec. 5. Section 315(h) of the Federal Water Pollution Control Act is amended by striking out “$15,000,000” and inserting in lieu

33 USC 1325.

 thereof “$17,000,000”.
Approved January 2, 1975.
Public Law 93–593: To direct the Administrator of General Services to release certain conditions with respect to certain real property conveyed to the State of Arkansas by the United States, and for other purposes. Public Law 593 88 Stat. 1925 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–593
An Act To direct the Administrator of General Services to release certain conditions with respect to certain real property conveyed to the State of Arkansas by the United States, and for other purposes.

January 2, 1975

[H. R. 1820]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) notwithstanding

State of Arkansas.

Certain real property, release of conditions.

 any provision of the Act of May 19, 1948 (62 Stat. 240, 16 U.S.C. 667b), or of any other law, the Administrator of General Services (hereafter referred to in this Act as the “Administrator”) is authorized and directed to release, subject to section 2 of this Act, on behalf of the United States with respect to certain portions of the real property which is located in the county of Faulkner, State of Arkansas, and which was conveyed by the United States to the State of Arkansas by deed dated June 29, 1949, the conditions in that deed which require that the real property so conveyed— (1) be continuously used only for the conservation of wildlife, other than migratory birds; and (2) revert to the United States at any time it ceases to be so used, or in the event it is needed for national defense purposes. (b) As used in this Act, the term “certain portions” means those

“Certain portions.”

 portions of the real property conveyed by the United States to the State of Arkansas by such deed dated June 29, 1949, which in part abut the east boundary of such real property and which lie generally east of Saltillo Road.
Sec. 2. (a) The release of the conditions described in subsection (a) of the first section of this Act with respect to the certain portions is contingent upon the entering into of an agreement between the Administrator and the State of Arkansas under which the State of Arkansas, in consideration for the release of such conditions to the certain portions, agrees— (1) to exchange such certain portions for one or more parcels of real property which are of approximately comparable value and which at least in part abut any of the boundaries of the real property conveyed by the United States to the State of Arkansas by such deed dated June 29, 1949; and (2) that the real property so acquired by exchange shall be continuously used only for the conservation of wildlife, other than migratory birds, and in the event it is no longer used for such purpose or in the event it is needed for national defense purposes, title thereto shall vest in the United States. 88 Stat. 1926 (b) The release of the conditions described in subsection (a) of the first section of this Act shall not take effect with respect to any of the certain portions until such time as an exchange of real property for that certain portion is executed in accordance with the terms of agreement described in subsection (a) of this section.
Approved January 2, 1975.
Public Law 93–594: To amend section 3(f) of the Federal Property and Administrative Services Act of 1949, with respect to American Samoa, Guam, and the Trust Territory of the Pacific Islands. Public Law 594 88 Stat. 1926 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–594
An Act To amend section 3(f) of the Federal Property and Administrative Services Act of 1949, with respect to American Samoa, Guam, and the Trust Territory of the Pacific Islands.

January 2, 1975

[H. R. 5264]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 3(f) of the Federal Property Administrative Services Act of 1949 is

40 USC 472.

 amended by inserting after the words “Puerto Rico,” the words “American Samoa, Guam, the Trust Territory of the Pacific Islands,”.
Approved January 2, 1975.
Public Law 93–595: To establish rules of evidence for certain courts and proceedings. Public Law 595 88 Stat. 1926 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–595
An Act To establish rules of evidence for certain courts and proceedings.

January 2, 1975

[H. R. 5463]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following

Federal Rules of Evidence.

28 USC app.

Effective date.

 rules shall take effect on the one hundred and eightieth day beginning after the date of the enactment of this Act. These rules apply to actions, cases, and proceedings brought after the rules take effect. These rules also apply to further procedure in actions, cases, and proceedings then pending, except to the extent that application of the rules would not be feasible, or would work injustice, in which event former evidentiary principles apply. TABLE OF CONTENTS Article I. General Provisions Rule 101. Rule 102. Rule 103. (a) (1) (2) (b) (c) (d) Rule 104. (a) (b) (c) (d) (e) Rule 105. Rule 106. 88 Stat. 1927 Article II. Judicial Notice Rule 201. (a) (b) (c) (d) (e) (f) (g) Article III. Presumptions in Civil Actions and Proceedings Rule 301. Rule 302. Article IV. Relevancy and Its Limits Rule 401. Rule 402. Rule 403. Rule 404. (a) (1) (2) (3) (b) Rule 405. (a) (b) Rule 406. Rule 407. Rule 408. Rule 409. Rule 410. Rule 411. Article V. Privileges Rule 501. Article VI. Witnesses Rule 601. Rule 602. Rule 603. Rule 604. Rule 605. Rule 606. (a) (b) Rule 607. Rule 608. (a) (b) Rule 609. (a) (b) (c) (d) (e) Rule 610. Rule 611. (a) (b) (c) Rule 612. Rule 613. (a) (b) Rule 614. (a) (b) (c) Rule 615. 88 Stat. 1928 Article VII. Opinions and Expert Testimony Rule 701. Rule 702. Rule 703. Rule 704. Rule 705. Rule 706. (a) (b) (c) (d) Article VIII. Hearsay Rule 801. (a) (b) (c) (d) (1) (2) Rule 802. Rule 803. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) Rule 804. (a) (b) (1) (2) (3) (4) (5) Rule 805. Rule 800. Artcle IX. Authentication and Identification Rule 901. (a) (b) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 88 Stat. 1929 Rule 902. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Rule 903. Article X. Contents of Writings, Recordings, and Photographs Rule 1001. (1) (2) (3) (4) Rule 1002. Rule 1003. Rule 1004. (1) (2) (3) (4) Rule 1005. Rule 1006. Rule 1007. Rule 1008. Article XI. Miscellaneous Rules Rule 1101. (a) (b) (c) (d) (1) (2) (3) (e) Rule 1102. Rule 1103.
<heading class="inline">RULES OF EVIDENCE FOR UNITED STATES COURTS AND MAGISTRATES</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t28/">28 USC app</ref>.</p></sidenote> <article> <num value="I"><inline class="smallCaps">Article I.</inline> </num> <heading class="inline"><inline class="smallCaps">General Provisions</inline></heading> <section class="centered"> <num value="101">Rule 101. </num> <heading class="inline">Scope</heading> <section class="firstIndent1 fontsize10"> <content class="inline">These rules govern proceedings in the courts of the United States and before United States magistrates, to the extent and with the exceptions stated in rule 1101.</content> </section> </section> <section class="centered"> <num value="102">Rule 102. </num> <heading class="inline">Purpose and Construction</heading> <section class="firstIndent1 fontsize10"> <content class="inline">These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.</content> </section> </section> <section class="centered"> <num value="103">Rule 103. </num> <heading class="inline">Rulings on Evidence</heading> <section class="firstIndent1 fontsize10"> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau class="inline">Effect of erroneous ruling.—Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Objection.—In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating<page identifier="/us/stat/88/1930">88 <inline class="smallCaps">Stat</inline>. 1930</page> the specific ground of objection, if the specific ground was not apparent from the context; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Offer of proof.—In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Record of offer and ruling.—The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. It may direct the making of an offer in question and answer form.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Hearing of jury.—In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Plain error.—Nothing in this rule precludes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the court.</content> </subsection> </section> </section> <section class="centered"> <num value="104">Rule 104. </num> <heading class="inline">Preliminary Questions</heading> <section class="firstIndent1 fontsize10"> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Questions of admissibility generally.—Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subdivision (b). In making its determination it is not bound by the rules of evidence except those with respect to privileges.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Relevancy conditioned on fact.—When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Hearing of jury.—Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be so conducted when the interests of justice require or, when an accused is a witness, if he so requests.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Testimony by accused.—The accused does not, by testifying upon a preliminary matter, subject himself to cross-examination as to other issues in the case.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">Weight and credibility.—This rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.</content> </subsection> </section> </section> <section class="centered"> <num value="105">Rule 105. </num> <heading class="inline">Limited Admissibility</heading> <section class="firstIndent1 fontsize10"> <content class="inline">When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.</content> </section> </section> <section class="centered"> <num value="106">Rule 106. </num> <heading class="inline">Remainder of or Related Writings or Recorded Statements</heading> <section class="firstIndent1 fontsize10"> <content class="inline">When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require him at that time to introduce any other part or any other writing or recorded statement which ought in fairness to be considered contemporaneously with it.</content> </section> </section> </article> <article> <num value="II"><inline class="smallCaps">Article II. </inline></num> <heading class="inline"><inline class="smallCaps">Judicial Notice</inline></heading> <section class="centered"> <num value="201">Rule 201. </num> <heading class="inline">Judicial Notice of Adjudicative Facts</heading> <section class="firstIndent1 fontsize10"> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Scope of rule.—This rule governs only judicial notice of adjudicative facts.</content> </subsection> <page identifier="/us/stat/88/1931">88 <inline class="smallCaps">Stat</inline>. 1931</page> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Kinds of facts.—A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">When discretionary.—A court may take judicial notice, whether requested or not.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">When mandatory.—A court shall take judicial notice if requested by a party and supplied with the necessary information.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">Opportunity to be heard.—A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <content class="inline">Time of taking notice.—Judicial notice may be taken at any stage of the proceeding.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">(g) </num> <content class="inline">Instructing jury.—In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed. In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.</content> </subsection> </section> </section> </article> <article> <num value="III"><inline class="smallCaps">Article III. </inline></num> <heading class="inline"><inline class="smallCaps">Presumptions in Civil Actions and Proceedings</inline></heading> <section class="centered"> <num value="301">Rule 301. </num> <heading class="inline">Presumptions in General in Civil Actions and Proceedings</heading> <section class="firstIndent1 fontsize10"> <content class="inline">In all civil actions and proceedings not otherwise provided for by Act of Congress or by these rules, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of nonpersuasion, which remains throughout the trial upon the party on whom it was originally cast.</content> </section> </section> <section class="centered"> <num value="302">Rule 302. </num> <heading class="inline">Applicability of State Law in Civil Actions and Proceedings</heading> <section class="firstIndent1 fontsize10"> <content class="inline">In civil actions and proceedings, the effect of a presumption respecting a fact which is an element of a claim or defense as to which State law supplies the rule of decision is determined in accordance with State law.</content> </section> </section> </article> <article> <num value="IV"><inline class="smallCaps">Article IV. </inline></num> <heading class="inline"><inline class="smallCaps">Relevancy and Its Limits</inline></heading> <section class="centered"> <num value="401">Rule 401. </num> <heading class="inline">Definition of “Relevant Evidence”</heading> <section class="firstIndent1 fontsize10"> <content class="inline">“Relevant evidence” means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.</content> </section> </section> <section class="centered"> <num value="402">Rule 402. </num> <heading class="inline">Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible</heading> <section class="firstIndent1 fontsize10"> <content class="inline">All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by Act of Congress, by these rules, or by other rules prescribed by the Supreme Court pursuant to statutory authority. Evidence which is not relevant is not admissible.</content> </section> </section> <page identifier="/us/stat/88/1932">88 <inline class="smallCaps">Stat</inline>. 1932</page> <section class="centered"> <num value="403">Rule 403. </num> <heading class="inline">Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time</heading> <section class="firstIndent1 fontsize10"> <content class="inline">Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.</content> </section> </section> <section class="centered"> <num value="404">Rule 404. </num> <heading class="inline">Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes</heading> <section class="firstIndent1 fontsize10"> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau class="inline">Character evidence generally.—Evidence of a person’s character or a trait of his character is not admissible for the purpose of proving that he acted in conformity therewith on a particular occasion, except:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Character of accused.—Evidence of a pertinent trait of his character offered by an accused, or by the prosecution to rebut the same;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Character of victim.—Evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the first aggressor;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Character of witness.—Evidence of the character of a witness, as provided in rules 607, 608, and 609.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Other crimes, wrongs, or acts.—Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.</content> </subsection> </section> </section> <section class="centered"> <num value="405">Rule 405. </num> <heading class="inline">Methods of Proving Character</heading> <section class="firstIndent1 fontsize10"> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Reputation or opinion.—In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Specific instances of conduct.—In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may also be made of specific instances of his conduct.</content> </subsection> </section> </section> <section class="centered"> <num value="406">Rule 406. </num> <heading class="inline">Habit; Routine Practice</heading> <section class="firstIndent1 fontsize10"> <content class="inline">Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.</content> </section> </section> <section class="centered"> <num value="407">Rule 407. </num> <heading class="inline">Subsequent Remedial Measures</heading> <section class="firstIndent1 fontsize10"> <content class="inline">When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event. This rule does not require the exclusion of evidence of subsequent measures when offered for another purpose, such as proving ownership, control, or feasibility of precautionary measures, if controverted, or impeachment.</content> </section> </section> <page identifier="/us/stat/88/1933">88 <inline class="smallCaps">Stat</inline>. 1933</page> <section class="centered"> <num value="408">Rule 408. </num> <heading class="inline">Compromise and Offers to Compromise</heading> <section class="firstIndent1 fontsize10"> <content class="inline">Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise not admissible. This rule does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations. This rule also does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negativing a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.</content> </section> </section> <section class="centered"> <num value="409">Rule 409. </num> <heading class="inline">Payment of Medical and Similar Expenses</heading> <section class="firstIndent1 fontsize10"> <content class="inline">Evidence of furnishing or offering or promising to pay medical, hospital, or similar expenses occasioned by an injury is not admissible to prove liability for the injury.</content> </section> </section> <section class="centered"> <num value="410">Rule 410. </num> <heading class="inline">Offer To Plead Gulity; Nolo Contendere; Withdrawn Plea of Guilty</heading> <section class="firstIndent1 fontsize10"> <content class="inline"> <p class="inline">Except as otherwise provided by Act of Congress, evidence of a plea of guilty, later withdrawn, or a plea of nolo contendere, or of an offer to plead guilty or nolo contendere to the crime charged or any other crime, or of statements made in connection with any of the foregoing pleas or offers, is not admissible in any civil or criminal action, case, or proceeding against the person who made the plea or offer. This rule shall not apply to the introduction of voluntary and reliable statements made in court on the record in connection with any of the foregoing pleas or offers where offered for impeachment purposes or in a subsequent prosecution of the declarant for perjury or false statement.</p> <p class="indent0 firstIndent1 fontsize10">This rule shall not take effect until August 1, 1975, and shall be <sidenote><p class="firstIndent1 fontsize8">Effective date.</p></sidenote> superseded by any amendment to the Federal Rules of Criminal Procedure which is inconsistent with this rule, and which takes effect after <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/">18 USC app</ref>.</p></sidenote> the date of the enactment of the Act establishing these Federal Rules of Evidence.</p> </content> </section> </section> <section class="centered"> <num value="411">Rule 411. </num> <heading class="inline">Liability Insurance</heading> <section class="firstIndent1 fontsize10"> <content class="inline">Evidence that a person was or was not insured against liability is not admissible upon the issue whether he acted negligently or otherwise wrongfully. This rule does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness.</content> </section> </section> </article> <article> <num value="V"><inline class="smallCaps">Article V. </inline></num> <heading class="inline"><inline class="smallCaps">Privileges</inline></heading> <section class="centered"> <num value="501">Rule 501. </num> <heading class="inline">General Rule</heading> <section class="firstIndent1 fontsize10"> <content class="inline">Except as otherwise required by the Constitution of the United States or provided by Act of Congress or in rules prescribed by the <sidenote><p class="firstIndent1 fontsize8">USC prec. title 1.</p></sidenote> Supreme Court pursuant to statutory authority, the privilege of a witness, person, government, State, or political subdivision thereof shall be governed by the principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience. However, in civil actions and proceedings, with respect to an element of a claim or defense as to which State law<page identifier="/us/stat/88/1934">88 <inline class="smallCaps">Stat</inline>. 1934</page> supplies the rule of decision, the privilege of a witness, person, government, State, or political subdivision thereof shall be determined in accordance with State law.</content> </section> </section> </article> <article> <num value="VI"><inline class="smallCaps">Article VI. </inline></num> <heading class="inline">Witnesses</heading> <section class="centered"> <num value="601">Rule 601. </num> <heading class="inline">General Rule of Competency</heading> <section class="firstIndent1 fontsize10"> <content class="inline">Every person is competent to be a witness except as otherwise provided in these rules. However, in civil actions and proceedings, with respect to an element of a claim or defense as to which State law supplies the rule of decision, the competency of a witness shall be determined in accordance with State law.</content> </section> </section> <section class="centered"> <num value="602">Rule 602. </num> <heading class="inline">Lack of Personal Knowledge</heading> <section class="firstIndent1 fontsize10"> <content class="inline">A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that he has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the testimony of the witness himself. This rule is subject to the provisions of rule 703, relating to opinion testimony by expert witnesses.</content> </section> </section> <section class="centered"> <num value="603">Rule 603. </num> <heading class="inline">Oath or Affirmation</heading> <section class="firstIndent1 fontsize10"> <content class="inline">Before testifying, every witness shall be required to declare that he will testify truthfully, by oath or affirmation administered in a form calculated to awaken his conscience and impress his mind with his duty to do so.</content> </section> </section> <section class="centered"> <num value="604">Rule 604. </num> <heading class="inline">Interpreters</heading> <section class="firstIndent1 fontsize10"> <content class="inline">An interpreter is subject to the provisions of these rules relating to qualification as an expert and the administration of an oath or affirmation that he will make a true translation.</content> </section> </section> <section class="centered"> <num value="605">Rule 605. </num> <heading class="inline">Competency of Judge as Witness</heading> <section class="firstIndent1 fontsize10"> <content class="inline">The judge presiding at the trial may not testify in that trial as a witness. No objection need be made in order to preserve the point.</content> </section> </section> <section class="centered"> <num value="606">Rule 606. </num> <heading class="inline">Competency of Juror as Witness</heading> <section class="firstIndent1 fontsize10"> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">At the trial.—A member of the jury may not testify as a witness before that jury in the trial of the case in which he is sitting as a juror. If he is called so to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Inquiry into validity of verdict or indictment.—Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the course of the jury’s deliberations or to the effect of anything upon his or any other juror’s mind or emotions as influencing him to assent to or dissent from the verdict or indictment or concerning his mental processes in connection therewith, except that a juror may testify on the question whether extraneous prejudicial information was improperly brought to the jury’s attention or whether any outside influence was improperly brought to bear upon any juror. Nor may his affidavit or evidence of any statement by him concerning a matter about what he would be precluded from testifying be received for these purposes.</content> </subsection> </section> </section> <section class="centered"> <num value="607">Rule 607. </num> <heading class="inline">Who May Impeach</heading> <section class="firstIndent1 fontsize10"> <content class="inline">The credibility of a witness may be attacked by any party, including the party calling him.</content> </section> </section> <page identifier="/us/stat/88/1935">88 <inline class="smallCaps">Stat</inline>. 1935</page> <section class="centered"> <num value="608">Rule 608. </num> <heading class="inline">Evidence of Character and Conduct of Witness</heading> <section class="firstIndent1 fontsize10"> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Opinion and reputation evidence of character.—The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, but subject to these limitations: (1) the evidence may refer only to character for truthfulness or untruthfulness, and (2) evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline"> <p class="inline">Specific instances of conduct.—Specific instances of the conduct of a witness, for the purpose of attacking or supporting his credibility, other than conviction of crime as provided in rule 609, may not be proved by extrinsic evidence. They may, however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness (1) concerning his character for truthfulness or untruthfulness, or (2) concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified.</p> <p class="indent0 firstIndent1 fontsize10">The giving of testimony, whether by an accused or by any other witness, does not operate as a waiver of his privilege against self-incrimination when examined with respect to matters which relate only to credibility.</p> </content> </subsection> </section> </section> <section class="centered"> <num value="609">Rule 609. </num> <heading class="inline">Impeachment by Evidence of Conviction of Crime</heading> <section class="firstIndent1 fontsize10"> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">General rule.—For the purpose of attacking the credibility of a witness, evidence that he has been convicted of a crime shall be admitted if elicited from him or established by public record during cross-examination but only if the crime (1) was punishable by death or imprisonment in excess of one year under the law under which he was convicted, and the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the defendant, or (2) involved dishonesty or false statement, regardless of the punishment.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Time limit.—Evidence of a conviction under this rule is not admissible if a period of more than ten years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for that conviction, whichever is the later date, unless the court determines, in the interests of justice, that the probative value of the conviction supported by specific facts and circumstances substantially outweighs its prejudicial effect. However, evidence of a conviction more than 10 years old as calculated herein, is not admissible unless the proponent gives to the adverse party sufficient advance written notice of intent to use such evidence to provide the adverse party with a fair opportunity to contest the use of such evidence.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Effect of pardon, annulment, or certificate of rehabilitation.—Evidence of a conviction is not admissible under this rule if (1) the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, and that person has not been convicted of a subsequent crime which was punishable by death or imprisonment in excess of one year, or (2) the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Juvenile adjudications.—Evidence of juvenile adjudications is generally not admissible under this rule. The court may, however, in a criminal case allow evidence of a juvenile adjudication of a witness other than the accused if conviction of the offense would be admissible to attack the credibility of an adult and the court is satisfied that admission in evidence is necessary for a fair determination of the issue of guilt or innocence.</content> </subsection> <page identifier="/us/stat/88/1936">88 <inline class="smallCaps">Stat</inline>. 1936</page> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">Pendency of appeal.—The pendency of an appeal therefrom does not render evidence of a conviction inadmissible. Evidence of the pendency of an appeal is admissible.</content> </subsection> </section> </section> <section class="centered"> <num value="610">Rule 610. </num> <heading class="inline">Religious Beliefs or Opinions</heading> <section class="firstIndent1 fontsize10"> <content class="inline">Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature his credibility is impaired or enhanced.</content> </section> </section> <section class="centered"> <num value="611">Rule 611. </num> <heading class="inline">Mode and Order of Interrogation and Presentation</heading> <section class="firstIndent1 fontsize10"> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Control by court.—The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Scope of cross-examination.—Cross-examination should be limited to the subject matter of the direct examination and matters affecting the credibility of the witness. The court may, in the exercise of discretion, permit inquiry into additional matters as if on direct examination.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Leading questions.—Leading questions should not be used on the direct examination of a witness except as may be necessary to develop his testimony. Ordinarily leading questions should be permitted on cross-examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions.</content> </subsection> </section> </section> <section class="centered"> <num value="612">Rule 612. </num> <heading class="inline">Writing Used To Refresh Memory</heading> <section class="firstIndent1 fontsize10"> <chapeau class="inline">Except as otherwise provided in criminal proceedings by section 3500 of title 18, United States Code, if a witness uses a writing to refresh his memory for the purpose of testifying, either—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">while testifying, or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">before testifying, if the court in its discretion determines it is necessary in the interests of justice,</content> </paragraph> <continuation class="inline">an adverse party is entitled to have the writing produced at the hearing, to inspect it, to cross-examine the witness thereon, and to introduce in evidence those portions which relate to the testimony of the witness. If it is claimed that the writing contains matters not related to the subject matter of the testimony the court shall examine the writing in camera, excise any portions not so related, and order delivery of the remainder to the party entitled thereto. Any portion withheld over objections shall be preserved and made available to the appellate court in the event of an appeal. If a writing is not produced or delivered pursuant to order under this rule, the court shall make any order justice requires, except that in criminal cases when the prosecution elects not to comply, the order shall be one striking the testimony or, if the court in its discretion determines that the interests of justice so require, declaring a mistrial.</continuation> </section> </section> <section class="centered"> <num value="613">Rule 613. </num> <heading class="inline">Prior Statements of Witnesses</heading> <section class="firstIndent1 fontsize10"> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Examining witness concerning prior statement.—In examining a witness concerning a prior statement made by him, whether written or not, the statement need not be shown nor its contents disclosed to him at that time, but on request the same shall be shown or disclosed to opposing counsel.</content> </subsection> <page identifier="/us/stat/88/1937">88 <inline class="smallCaps">Stat</inline>. 1937</page> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Extrinsic evidence of prior inconsistent statement of witness.—Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain or deny the same and the opposite party is afforded an opportunity to interrogate him thereon, or the interests of justice otherwise require. This provision does not apply to admissions of a party-opponent as defined in rule 801(d) (2).</content> </subsection> </section> </section> <section class="centered"> <num value="614">Rule 614. </num> <heading class="inline">Calling and Interrogation of Witnesses by Court</heading> <section class="firstIndent1 fontsize10"> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Calling by court.—The court may, on its own motion or at the suggestion of a party, call witnesses, and all parties are entitled to cross-examine witnesses thus called.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Interrogation by court.—The court may interrogate witnesses, whether called by itself or by a party.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Objections.—Objections to the calling of witnesses by the court or to interrogation by it may be made at the time or at the next available opportunity when the jury is not present.</content> </subsection> </section> </section> <section class="centered"> <num value="615">Rule 615. </num> <heading class="inline">Exclusion of Witnesses</heading> <section class="firstIndent1 fontsize10"> <content class="inline">At the request of a party the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion. This rule does not authorize exclusion of (1) a party who is a natural person, or (2) an officer or employee of a party which is not a natural person designated as its representative by its attorney, or (3) a person whose presence is shown by a party to be essential to the presentation of his cause.</content> </section> </section> </article> <article> <num value="VII"><inline class="smallCaps">Article VII. </inline></num> <heading class="inline"><inline class="smallCaps">Opinions and Expert Testimony</inline></heading> <section class="centered"> <num value="701">Rule 701. </num> <heading class="inline">Opinion Testimony by Lay Witnesses</heading> <section class="firstIndent1 fontsize10"> <content class="inline">If the witness is not testifying as an expert, his testimony in the form of opinions or inferences is limited to those opinions or inferences which are (a) rationally based on the perception of the witness and (b) helpful to a clear understanding of his testimony or the determination of a fact in issue.</content> </section> </section> <section class="centered"> <num value="702">Rule 702. </num> <heading class="inline">Testimony by Experts</heading> <section class="firstIndent1 fontsize10"> <content class="inline">If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.</content> </section> </section> <section class="centered"> <num value="703">Rule 703. </num> <heading class="inline">Bases of Opinion Testimony by Experts</heading> <section class="firstIndent1 fontsize10"> <content class="inline">The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to him at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence.</content> </section> </section> <section class="centered"> <num value="704">Rule 704. </num> <heading class="inline">Opinion on Ultimate Issue</heading> <section class="firstIndent1 fontsize10"> <content class="inline">Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.</content> </section> </section> <page identifier="/us/stat/88/1938">88 <inline class="smallCaps">Stat</inline>. 1938</page> <section class="centered"> <num value="705">Rule 705. </num> <heading class="inline">Disclosure of Facts or Data Underlying Expert Opinion</heading> <section class="firstIndent1 fontsize10"> <content class="inline">The expert may testify in terms of opinion or inference and give his reasons therefor without prior disclosure of the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.</content> </section> </section> <section class="centered"> <num value="706">Rule 706. </num> <heading class="inline">Court Appointed Experts</heading> <section class="firstIndent1 fontsize10"> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Appointment.—The court may on its own motion or on the motion of any party enter an order to show cause why expert witnesses should not be appointed, and may request the parties to submit nominations. The court may appoint any expert witnesses agreed upon by the parties, and may appoint expert witnesses of its own selection. An expert witness shall not be appointed by the court unless he consents to act. A witness so appointed shall be informed of his duties by the court in writing, a copy of which shall be filed with the clerk, or at a conference in which the parties shall have opportunity to participate. A witness so appointed shall advise the parties of his findings, if any; his deposition may be taken by any party; and he may be called to testify by the court or any party. He shall be subject to cross-examination by each party, including a party calling him as a witness.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Compensation.—Expert witnesses so appointed are entitled to reasonable compensation in whatever sum the court may allow. The compensation thus fixed is payable from funds which may be provided by law in criminal cases and civil actions and proceedings involving just compensation under the fifth amendment. In other civil actions and proceedings the compensation shall be paid by the parties in such proportion and at such time as the court directs, and thereafter charged in like manner as other costs.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Disclosure of appointment.—In the exercise of its discretion, the court may authorize disclosure to the jury of the fact that the court appointed the expert witness.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Parties’ experts of own selection.—Nothing in this rule limits the parties in calling expert witnesses of their own selection.</content> </subsection> </section> </section> </article> <article> <num value="VIII"><inline class="smallCaps">Article VIII. </inline></num> <heading class="inline"><inline class="smallCaps">Hearsay</inline></heading> <section class="centered"> <num value="801">Rule 801. </num> <heading class="inline">Definitions</heading> <section class="firstIndent1 fontsize10"> <chapeau class="inline">The following definitions apply under this article:</chapeau> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Statement.—A “statement” is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by him as an assertion.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Declarant.—A “declarant” is a person who makes a statement.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Hearsay.—“Hearsay” is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <chapeau class="inline">Statements which are not hearsay.—A statement is not hearsay if—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Prior statement by witness.—The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is (A) inconsistent with his testimony, and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition, or (B) consistent with his testimony and is offered to rebut an express or implied charge against him of recent fabrication or improper influence or motive, or</content> </paragraph> <page identifier="/us/stat/88/1939">88 <inline class="smallCaps">Stat</inline>. 1939</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Admission by party-opponent.—The statement is offered against a party and is (A) his own statement, in either his individual or a representative capacity or (B) a statement of which he has manifested his adoption or belief in its truth, or (C) a statement by a person authorized by him to make a statement concerning the subject, or (D) a statement by his agent or servant concerning a matter within the scope of his agency or employment, made during the existence of the relationship, or (E) a statement by a coconspirator of a party during the course and in furtherance of the conspiracy.</content> </paragraph> </subsection> </section> </section> <section class="centered"> <num value="802">Rule 802. </num> <heading class="inline">Hearsay Rule</heading> <section class="firstIndent1 fontsize10"> <content class="inline">Hearsay is not admissible except as provided by these rules or by other rules prescribed by the Supreme Court pursuant to statutory authority or by Act of Congress.</content> </section> </section> <section class="centered"> <num value="803">Rule 803. </num> <heading class="inline">Hearsay Exceptions; Availability of Declarant Immaterial</heading> <section class="firstIndent1 fontsize10"> <chapeau class="inline">The following are not excluded by the hearsay rule, even though the declarant is available as a witness:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Present sense impression.—A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Excited utterance.—A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Then existing mental, emotional, or physical condition.—A statement of the declarant’s then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, and bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the execution, revocation, identification, or terms of declarant’s will.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Statements for purposes of medical diagnosis or treatment.—Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">Recorded recollection.—A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable him to testify fully and accurately, shown to have been made or adopted by the witness when the matter was fresh in his memory and to reflect that knowledge correctly. If admitted, the memorandum or record may be read into evidence but may not itself be received as an exhibit unless offered by an adverse party.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">Records of regularly conducted activity.—A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by. or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. The term “business”<page identifier="/us/stat/88/1940">88 <inline class="smallCaps">Stat</inline>. 1940</page> as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">Absence of entry in records kept in accordance with the provisions of paragraph (6).—Evidence that a matter is not included in the memoranda reports, records, or data compilations, in any form, kept in accordance with the provisions of paragraph (6), to prove the nonoccurrence or nonexistence of the matter, if the matter was of a kind of which a memorandum, report, record, or data compilation was regularly made and preserved, unless the sources of information or other circumstances indicate lack of trustworthiness.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content class="inline">Public records and reports.—Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth (A) the activities of the office or agency, or (B) matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, in criminal cases matters observed by police officers and other law" enforcement personnel, or (C) in civil actions and proceedings and against the Government in criminal cases, factual findings resulting from an investigation made pursuant to authority granted by law, unless the sources of information or other circumstances indicate lack of trustworthiness.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">(9) </num> <content class="inline">Records of vital statistics,—Records or data compilations, in any form, of births, fetal deaths, deaths, or marriages, if the report thereof was made to a public office pursuant to requirements of law,</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="10">(10) </num> <content class="inline">Absence of public record or entry.—To prove the absence of a record, report, statement, or data compilation, in any form, or the nonoccurrence or nonexistence of a matter of which a record, report, statement, or data compilation, in any form, was regularly made and preserved by a public office or agency, evidence in the form of a certification in accordance with rule 902, or testimony, that diligent search failed to disclose the record, report, statement, or data compilation, or entry.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="11">(11) </num> <content class="inline">Records of religious organizations.—Statements of births, marriages, divorces, deaths, legitimacy, ancestry, relationship by blood or marriage, or other similar facts of personal or family history, contained in a regularly kept record of a religious organization.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="12">(12) </num> <content class="inline">Marriage, baptismal, and similar certificates.—Statements of fact contained in a certificate that the maker performed a marriage or other ceremony or administered a sacrament, made by a clergyman, public official, or other person authorized by the rules or practices of a religious organization or by law to perform the act certified, and purporting to have been issued at the time of the act or within a reasonable time thereafter.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="13">(13) </num> <content class="inline">Family records.—Statements of fact concerning personal or family history contained in family Bibles, genealogies, charts, engravings on rings, inscriptions on family portraits, engravings on urns, crypts, or tombstones, or the like.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="14">(14) </num> <content class="inline">Records of documents affecting an interest in property.—The record of a document purporting to establish or affect an interest in property, as proof of the content of the original recorded document and its execution and delivery by each person by whom it purports to have been executed, if the record is a record of a public office and an applicable statute authorizes the recording of documents of that kind in that office.</content> </paragraph> <page identifier="/us/stat/88/1941">88 <inline class="smallCaps">Stat</inline>. 1941</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="15">(15) </num> <content class="inline">Statements in documents affecting an interest in property.—A statement contained in a document purporting to establish or affect an interest in property if the matter stated was relevant to the purpose of the document, unless dealings with the property since the document was made have been inconsistent with the truth of the statement or the purport of the document.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="16">(16) </num> <content class="inline">Statements in ancient documents.—Statements in a document in existence twenty years or more the authenticity of which is established.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="17">(17) </num> <content class="inline">Market reports, commercial publications.—Market quotations, tabulations, lists, directories, or other published compilations, generally used and relied upon by the public or by persons in particular occupations.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="18">(18) </num> <content class="inline">Learned treatises.—To the extent called to the attention of an expert witness upon cross-examination or relied upon by him in direct examination, statements contained in published treatises, periodicals, or pamphlets on a subject of history, medicine, or other science or art, established as a reliable authority by the testimony or admission of the witness or by other expert testimony or by judicial notice. If admitted, the statements may be read into evidence but may not be received as exhibits.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="19">(19) </num> <content class="inline">Reputation concerning personal or family history.—Reputation among members of his family by blood, adoption, or marriage, or among his associates, or m the community, concerning a person’s birth, adoption, marriage, divorce, death, legitimacy, relationship by blood, adoption, or marriage, ancestry, or other similar fact of his personal or family history.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="20">(20) </num> <content class="inline">Reputation concerning boundaries or general history.—Reputation in a community, arising before the controversy, as to boundaries of or customs affecting lands in the community, and reputation as to events of general history important to the community or State or nation in which located.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="21">(21) </num> <content class="inline">Reputation as to character.—Reputation of a person’s character among his associates or in the community.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="22">(22) </num> <content class="inline">Judgment of previous conviction.—Evidence of a final judgment, entered after a trial or upon a plea of guilty (but not upon a plea of nolo contendere), adjudging a person guilty of a crime punishable by death or imprisonment in excess of one year, to prove any fact essential to sustain the judgment, but not including, when offered by the Government in a criminal prosecution for purposes other than impeachment, judgments against persons other than the accused. The pendency of an appeal may be shown but does not affect admissibility.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="23">(23) </num> <content class="inline">Judgment as to personal, family or general history, or boundaries.—Judgments as proof of matters of personal, family or general history, or boundaries, essential to the judgment, if the same would be provable by evidence of reputation.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="24">(24) </num> <content class="inline">Other exceptions.—A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (C) the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence. However, a statement may not be admitted under this exception unless the proponent of it makes known to the adverse party sufficiently in advance of the trial<page identifier="/us/stat/88/1942">88 <inline class="smallCaps">Stat</inline>. 1942</page> or hearing to provide the adverse party with a fair opportunity to prepare to meet it, his intention to offer the statement and the particulars of it, including the name and address of the declarant.</content> </paragraph> </section> </section> <section class="centered"> <num value="804">Rule 804. </num> <heading class="inline">Hearsay Exceptions: Declarant Unavailable</heading> <section class="firstIndent1 fontsize10"> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <chapeau class="inline">Definition of unavailability.—“Unavailability as a witness” includes situations in which the declarant—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of his statement; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">persists in refusing to testify concerning the subject matter of his statement despite an order of the court to do so; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">testifies to a lack of memory of the subject matter of his statement; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">is absent from the hearing and the proponent of his statement has been unable to procure his attendance (or in the case of a hearsay exception under subdivision (b) (2), (3), or (4), his attendance or testimony) by process or other reasonable means.</content> </paragraph> <continuation class="inline">A declarant is not unavailable as a witness if his exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of the proponent of his statement for the purpose of preventing the witness from attending or testifying.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">Hearsay exceptions.—The following are not excluded by the hearsay rule if the declarant is unavailable as a witness:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Former testimony.—Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if the party against whom the testimony is now offered, or, in a civil action or proceeding, a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Statement under belief of impending death.—In a prosecution for homicide or in a civil action or proceeding, a statement made by a declarant while believing that his death was imminent, concerning the cause or circumstances of what he believed to be his impending death.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Statement against interest.—A statement which was at the time of its making so far contrary to the declarant’s pecuniary or proprietary interest, or so far tended to subject him to civil or criminal liability, or to render invalid a claim by him against another, that a reasonable man in his position would not have made the statement unless he believed it to be true. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissable unless corroborating circumstances clearly indicate the trustworthiness of the statement.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Statement of personal or family history.—(A) A statement concerning the declarant’s own birth, adoption, marriage, divorce, legitimacy, relationship by blood, adoption, or marriage, ancestry, or other similar fact of personal or family history, even though declarant had no means of acquiring personal knowledge of the matter stated; or (B) a statement concerning the foregoing matters, and death also, of another person, if the declarant was related to the other by blood, adoption, or marriage or<page identifier="/us/stat/88/1943">88 <inline class="smallCaps">Stat</inline>. 1943</page> was so intimately associated with the other’s family as to be likely to have accurate information concerning the matter declared.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">Other exceptions.—A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (C) the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence. However, a statement may not be admitted under this exception unless the proponent of it makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, his intention to offer the statement and the particulars of it, including the name and address of the declarant.</content> </paragraph> </subsection> </section> </section> <section class="centered"> <num value="805">Rule 805. </num> <heading class="inline">Hearsay Within Hearsay</heading> <section class="firstIndent1 fontsize10"> <content class="inline">Hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule provided in these rules.</content> </section> </section> <section class="centered"> <num value="806">Rule 806. </num> <heading class="inline">Attacking and Supporting Credibility of Declarant</heading> <section class="firstIndent1 fontsize10"> <content class="inline">When a hearsay statement, or a statement defined in Rule 801(d) (2), (C), (D), or (E), has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for those purposes if declarant had testified as a witness. Evidence of a statement or conduct by the declarant at any time, inconsistent with his hearsay statement, is not subject to any requirement that he may have been afforded an opportunity to deny or explain. If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party is entitled to examine him on the statement as if under cross-examination.</content> </section> </section> </article> <article> <num value="IX"><inline class="smallCaps">Article IX</inline>. </num> <heading class="inline"><inline class="smallCaps">Authentication and Identification</inline></heading> <section class="centered"> <num value="901">Rule 901. </num> <heading class="inline">Requirement of Authentication or Identification</heading> <section class="firstIndent1 fontsize10"> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">General provision.—The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">Illustrations.—By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of this rule:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Testimony of witness with knowledge.—Testimony that a matter is what it is claimed to be.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Nonexpert opinion on handwriting.—Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Comparison by trier or expert witness.—Comparison by the trier of fact or by expert witnesses with specimens which have been authenticated.</content> </paragraph> <page identifier="/us/stat/88/1944">88 <inline class="smallCaps">Stat</inline>. 1944</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Distinctive characteristics and the like.—Appearance, contents, substance, internal patterns, or other distinctive characteristics, taken in conjunction with circumstances.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">Voice identification.—Identification of a voice, whether heard firsthand or through mechanical or electronic transmission or recording, by opinion based upon hearing the voice at any time under circumstances connecting it with the alleged speaker.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">Telephone conversations.—Telephone conversations, by evidence that a call was made to the number assigned at the time by the telephone company to a particular person or business, if (A) in the case of a person, circumstances, including self-identification, show the person answering to be the one called, or (B) in the case of a business, the call was made to a place of business and the conversation related to business reasonably transacted over the telephone.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">Public records or reports.—Evidence that a writing authorized by law to be recorded or filed and in fact recorded or filed in a public office, or a purported public record, report, statement, or data compilation, in any form, is from the public office where items of this nature are kept.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content class="inline">Ancient documents or data compilation.—Evidence that a document or data compilation, in any form, (A) is in such condition as to create no suspicion concerning its authenticity, (B) was in a place where it, if authentic, would likely be, and (C) has been in existence 20 years or more at the time it is offered.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">(9) </num> <content class="inline">Process or system.—Evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="10">(10) </num> <content class="inline">Methods provided by statute or rule.—Any method of authentication or identification provided by Act of Congress or by other rules prescribed by the Supreme Court pursuant to statutory authority.</content> </paragraph> </subsection> </section> </section> <section class="centered"> <num value="902">Rule 902. </num> <heading class="inline">Self-authentication</heading> <section class="firstIndent1 fontsize10"> <chapeau class="inline">Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Domestic public documents under seal.—A document bearing a seal purporting to be that of the United States, or of any State, district. Commonwealth, territory, or insular possession thereof, or the Panama Canal Zone, or the Trust Territory of the Pacific Islands, or of a political subdivision, department, officer, or agency thereof, and a signature purporting to be an attestation or execution.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Domestic public documents not under seal.—A document purporting to bear the signature in his official capacity of an officer or employee of any entity included in paragraph (1) hereof, having no seal, if a public officer having a seal and having official duties in the district or political subdivision of the officer or employee certifies under seal that the signer has the official capacity and that the signature is genuine.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Foreign public documents.—A document purporting to be executed or attested in his official capacity by a person authorized by the laws of a foreign country to make the execution or attestation, and accompanied by a final certification as to the genuineness of the signature and official position (A) of the executing or attesting person, or (B) of any foreign official whose certificate of genuineness of signature and official position relates to<page identifier="/us/stat/88/1945">88 <inline class="smallCaps">Stat</inline>. 1945</page> the execution or attestation or is in a chain of certificates of genuineness of signature and official position relating to the execution or attestation. A final certification may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of official documents, the court may, for good cause shown, order that they be treated as presumptively authentic without final certification or permit them to be evidenced by an attested summary with or without final certification.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Certified copies of public records.—A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with paragraph (1), (2), or (3) of this rule or complying with any Act of Congress or rule prescribed by the Supreme Court pursuant to statutory authority.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">Official publications.—Books, pamphlets, or other publications purporting to be issued by public authority.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">Newspapers and periodicals.—Printed materials purporting to be newspapers or periodicals.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">Trade inscriptions and the like.—Inscriptions, signs, tags, or labels purporting to have been affixed in the course of business and indicating ownership, control, or origin.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content class="inline">Acknowledged documents.—Documents accompanied by a certificate of acknowledgment executed in the manner provided by law by a notary public or other officer authorized by law to take acknowledgments.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">(9) </num> <content class="inline">Commercial paper and related documents.—Commercial paper, signatures thereon, and documents relating thereto to the extent provided by general commercial law.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="10">(10) </num> <content class="inline">Presumptions under Acts of Congress.—Any signature, document, or other matter declared by Act of Congress to be presumptively or prima facie genuine or authentic.</content> </paragraph> </section> </section> <section class="centered"> <num value="903">Rule 903. </num> <heading class="inline">Subscribing Witness’ Testimony Unnecessary</heading> <section class="firstIndent1 fontsize10"> <content class="inline">The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing.</content> </section> </section> </article> <article> <num value="X"><inline class="smallCaps">Article X. </inline></num> <heading class="inline"><inline class="smallCaps">Contents of Writings, Recordings, and Photographs</inline></heading> <section class="centered"> <num value="1001">Rule 1001. </num> <heading class="inline">Definitions.</heading> <section class="firstIndent1 fontsize10"> <chapeau class="inline">For purposes of this article the following definitions are applicable:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Writings and recordings.—“Writings” and “recordings” consist of letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Photographs.—“Photographs” include still photographs, X-ray films, video tapes, and motion pictures.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Original.—An “original” of a writing or recording is the writing or recording itself or any counterpart intended to have<page identifier="/us/stat/88/1946">88 <inline class="smallCaps">Stat</inline>. 1946</page> the same effect by a person executing or issuing it. An “original” of a photograph includes the negative Or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an “original”.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Duplicate.—A “duplicate” is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent techniques which accurately reproduces the original.</content> </paragraph> </section> </section> <section class="centered"> <num value="1002">Rule 1002. </num> <heading class="inline">Requirement of Original</heading> <section class="firstIndent1 fontsize10"> <content class="inline">To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by Act of Congress.</content> </section> </section> <section class="centered"> <num value="1003">Rule 1003. </num> <heading class="inline">Admissibility of Duplicates</heading> <section class="firstIndent1 fontsize10"> <content class="inline">A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original.</content> </section> </section> <section class="centered"> <num value="1004">Rule 1004. </num> <heading class="inline">Admissibility of Other Evidence of Contents</heading> <section class="firstIndent1 fontsize10"> <chapeau class="inline">The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Originals lost or destroyed.—All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Original not obtainable.—No original can be obtained by any available judicial process or procedure; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Original in possession of opponent.—At a time when an original was under the control of the party against whom offered, he was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and he does not produce the original at the hearing; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Collateral matters.—The writing, recording, or photograph is not closely related to a controlling issue.</content> </paragraph> </section> </section> <section class="centered"> <num value="1005">Rule 1005. </num> <heading class="inline">Public Records</heading> <section class="firstIndent1 fontsize10"> <content class="inline">The contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with rule 902 or testified to be correct by a witness who has compared it with the original. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given.</content> </section> </section> <section class="centered"> <num value="1006">Rule 1006. </num> <heading class="inline">Summaries</heading> <section class="firstIndent1 fontsize10"> <content class="inline">The contents of voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at reasonable time and place. The court may order that they be produced in court.</content> </section> </section> <page identifier="/us/stat/88/1947">88 <inline class="smallCaps">Stat</inline>. 1947</page> <section class="centered"> <num value="1007">Rule 1007. </num> <heading class="inline">Testimony or Written Admission of Party</heading> <section class="firstIndent1 fontsize10"> <content class="inline">Contents of writings, recordings, or photographs may be proved by the testimony or deposition of the party against whom offered or by his written admission, without accounting for the nonproduction of the original.</content> </section> </section> <section class="centered"> <num value="1008">Rule 1008. </num> <heading class="inline">Functions of Court and Jury</heading> <section class="firstIndent1 fontsize10"> <content class="inline">When the admissibility of other evidence of contents of writings, recordings, or photographs under these rules depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of rule 104. However, when an issue is raised (a) whether the asserted writing ever existed, or (b) whether another writing, recording, or photograph produced at the trial is the original, or (c) whether other evidence of contents correctly reflects the contents, the issue is for the trier of fact to determine as in the case of other issues of fact.</content> </section> </section> </article> <article> <num value="XI"><inline class="smallCaps">Article XI. </inline></num> <heading class="inline"><inline class="smallCaps">Miscellaneous Rules</inline></heading> <section class="centered"> <num value="1101">Rule 1101. </num> <heading class="inline">Applicability of Rules</heading> <section class="firstIndent1 fontsize10"> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">Courts and magistrates.—These rules apply to the United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the District Court for the District of the Canal Zone, the United States courts of appeals, the Court of Claims, and to United States magistrates, in the actions, cases, and proceedings and to the extent hereinafter set forth. The terms “judge” and “court” in these rules include United States magistrates, referees in bankruptcy, and commissioners of the Court of Claims.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Proceedings generally.—These rules apply generally to civil actions and proceedings, including admiralty and maritime cases, to criminal cases and proceedings, to contempt proceedings except those in which the court may act summarily, and to proceedings and cases under the Bankruptcy Act. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t11/s1">11 USC 1 note</ref>.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Rule of privilege.—The rule with respect to privileges applies at all stages of all actions, cases, and proceedings.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <chapeau class="inline">Rules inapplicable.—The rules (other than with respect to privileges) do not apply in the following situations:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Preliminary questions of fact.—The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under rule 104.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Grand jury.—Proceedings before grand juries.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Miscellaneous proceedings.—Proceedings for extradition or rendition; preliminary examinations in criminal cases; sentencing, or granting or revoking probation; issuance of warrants for arrest, criminal summonses, and search warrants; and proceedings with respect to release on bail or otherwise.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">Rules applicable in part.—In the following proceedings these rules apply to the extent that matters of evidence are not provided for in the statutes which govern procedure therein or in other rules prescribed by the Supreme Court pursuant to statutory authority: the trial of minor and petty offenses by United States magistrates; review of agency actions when the facts are subject to trial de novo under section 706(2) (F) of title 5, United States Code; review of orders of the Secretary of Agriculture under section 2 of the Act entitled “An Act to authorize association of producers of agricultural products” approved February 18, 1922 (7 U.S.C. 292), and under sections 6 and 7(c) of the Perishable Agricultural Commodities Act. 1930 (7 U.S.C.<page identifier="/us/stat/88/1948">88 <inline class="smallCaps">Stat</inline>. 1948</page> 499f, 499g(c)); naturalization and revocation of naturalization under sections 310–318 of the Immigration and Nationality Act (8 U.S.C. 1421–1429) ; prize proceedings in admiralty under sections 7651–7681 of title 10, United States Code; review of orders of the Secretary of the Interior under section 2 of the Act entitled “An Act authorizing associations of producers of aquatic products” approved June 25, 1934 (15 U.S.C. 522) ; review of orders of petroleum control boards under section 5 of the Act entitled “An Act to regulate interstate and foreign commerce in petroleum and its products by prohibiting the shipment in such commerce of petroleum and its products produced in violation of State law, and for other purposes”, approved February 22, 1935 (15 U.S.C. 715d) ; actions for fines, penalties, or forfeitures under part V of title IV of the Tariff Act of 1930 (19 U.S.C. 1581–1624), or under the Anti-Smuggling Act (19 U.S.C. 1701–1711) ; criminal libel for condemnation, exclusion of imports, or other proceedings under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301–392) ; disputes between seamen under sections 4079, 4080, and 4081 of the Revised Statutes (22 U.S.C. 256–258; habeas corpus under sections 2241–2254 of title 28, United States Code; motions to vacate, set aside or correct sentence under section 2255 of title 28, United States Code; actions for penalties for refusal to transport destitute seamen under section 4578 of the Revised Statutes (46 U.S.C. 679); actions against the United States under the Act entitled “An Act authorizing suits against the United States in admirality for damage caused by and salvage service rendered to public vessels belonging to the United States, and for other purposes”, approved March 3, 1925 (46 U.S.C. 781–790), as implemented by section 7730 of title 10, United States Code.</content> </subsection> </section> </section> <section class="centered"> <num value="1102">Rule 1102. </num> <heading class="inline">Amendments</heading> <section class="firstIndent1 fontsize10"> <content class="inline">Amendments to the Federal Rules of Evidence may be made as provided in section 2076 of title 28 of the United States Code.<sidenote><p class="firstIndent1 fontsize8"><i>Infra</i>.</p></sidenote></content> </section> </section> <section class="centered"> <num value="1103">Rule 1103. </num> <heading class="inline">Title</heading> <section class="firstIndent1 fontsize10"> <content class="inline">These rules may be known and cited as the Federal Rules of Evidence.</content> </section> </section> <section class="firstIndent1 fontsize10"> <num value="2"><inline class="smallCaps">Sec</inline>. 2. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Title 28 of the United States Code is amended—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by inserting immediately after section 2075 the following new section:</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <quotedContent> <section class="firstIndent0 fontsize10"> <num value="2076">“§2076. </num> <heading class="inline">Rules of evidence</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t28/s2076">28 USC 2076</ref>.</p></sidenote> <content class="indent0 firstIndent1 fontsize10">“The Supreme Court of the United States shall have the power to <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> prescribe amendments to the Federal Rules of Evidence. Such amendments shall not take effect until they have been reported to Congress by the Chief Justice at or after the beginning of a regular session of Congress but not later than the first day of May, and until the expiration of one hundred and eighty days after they have been so reported; but if either House of Congress within that time shall by resolution disapprove any amendment so reported it shall not take effect. The effective date of any amendment so reported may be deferred by either House of Congress to a later date or until approved by Act of Congress. Any rule whether proposed or in force may be amended by Act of Congress. Any provision of law in force at the expiration of such time and in conflict with any such amendment not disapproved shall be of no further force or effect after such amendment has taken effect. Any such amendment creating, abolishing, or modifying a privilege shall have no force or effect unless it shall be approved by act of Congress”; and</content> </section> </quotedContent> </paragraph> <page identifier="/us/stat/88/1949">88 <inline class="smallCaps">Stat</inline>. 1949</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by adding at the end of the table of sections of chapter 131 the following new item:</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <content> <toc> <referenceItem><designator>“2076. </designator><label>Rules of evidence.”</label></referenceItem> </toc> </content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Section 1732 of title 28 of the United States Code is amended by striking out subsection (a), and by striking out “(b)”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Section 1733 of title 28 of the United States Code is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">This section does not apply to cases, actions, and proceedings to which the Federal Rules of Evidence apply.”</content> </subsection> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="3"><inline class="smallCaps">Sec</inline>. 3. </num> <content class="inline">The Congress expressly approves the amendments to the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s3771">18 USC 3771 note</ref>.</p></sidenote> Federal Rules of Civil Procedure, and the amendments to the Federal Rules of Criminal Procedure, which are embraced by the orders entered <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t28/s2071">28 USC 2071 note</ref>.</p></sidenote> by the Supreme Court of the United States on November 20, 1972, and December 18, 1972, and such amendments shall take effect on <sidenote><p class="firstIndent1 fontsize8">Effective date.</p></sidenote> the one hundred and eightieth day beginning after the date of the enactment of this Act.</content> </section> </article> Approved January 2, 1975.
Public Law 93–596: To amend the Trademark Act of 1946 and title 35 of the United States Code to change the name of the Patent Office to the “Patent and Trademark Office”. Public Law596 Public Law 93–596 88 Stat. 1949 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–596
AN ACT To amend the Trademark Act of 1946 and title 35 of the United States Code to change the name of the Patent Office to the “Patent and Trademark Office”.

January 2, 1975

[H. R. 7599]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Patent Office.

Name change.
Section 1. The Trademark Act of 1946, 60 Stat. 427, as amended (15 U.S.C. sec. 1051 et seq. (1970)), and title 35 of the United States Code, entitled “Patents”, are amended by striking out each time they

35 USC 1 et seq.

 appear “Patent Office” and “Commissioner of Patents” and inserting in lieu thereof “Patent and Trademark Office” and “Commissioner of Patents and Trademarks”, respectively.
Sec. 2. Section 29 of the Trademark Act of 1946 is further amended

15 USC 1111.

 by striking out “Keg. U.S. Pat. Off.” and inserting in lieu thereof “Reg. U.S. Pat. & Tm. Off.”
Sec. 3. The terms “Patent Office” and “Commissioner of Patents”

35 USC 1 note.

 in all laws of the United States shall mean “Patent and Trademark Office” and “Commissioner of Patents and Trademarks”, respectively.
Sec. 4. This Act shall become effective upon enactment. However,

Effective date.

15 USC 1111 note.

 any registrant may continue to give notice of his registration in accordance with section 29 of the Trademark Act of 1946 (60 Stat. 427), as amended Oct. 9, 1962 (76 Stat. 769), as an alternative to notice in accordance with section 29 of the Trademark Act as amended by section 2 of this Act, regardless of whether his mark was registered before or after the effective date of this Act.
Approved January 2, 1975.
Public Law 93–597: To modify the tax treatment of members of the Armed Forces of the United States and civilian employees who are prisoners of war or missing in action, and for other purposes. Public Law597 Public Law 93–597 88 Stat. 1950 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 1950 Public Law 93–597
AN ACT To modify the tax treatment of members of the Armed Forces of the United States and civilian employees who are prisoners of war or missing in action, and for other purposes.

January 2, 1975

[H. R. 8214]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Internal Revenue Code of 1954, amendments.
SECTION 1. AMENDMENT OF 1954 CODE. Except as otherwise provided in this Act, whenever an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be a section or other provision of the

26 USC 1 et seq.

Internal Revenue Code of 1954.
SEC. 2. CERTAIN COMBAT PAY OF MEMBERS OF THE ARMED FORCES.

26 USC 112.

(a) Amendment of Subsections (a) and (b) or Section 112.— Subsections (a) and (b) of section 112 (relating to certain combat pay of members of the Armed For era) are each amended— (1) by striking out “during an induction period” in paragraph (1). (2) by striking out “during an induction period: but this paragraph shall not apply for any month during any part of which there are no combatant activities in any combat zone as determined under subsection (c) (3) of this section” in paragraph (2), and inserting in lieu thereof “; but this paragraph shall not apply for any month beginning more than 2 years after the date of the termination of combatant activities in such zone”, and (3) by adding at the end thereof the following new sentence:

“With respect to service in the combat zone designated for purposes of the Vietnam conflict, paragraph (2) shall not apply to any month beginning more than 2 years after the date of the enactment of this sentence.”

 (b) Conforming Amendment.— Subsection (c) of section 112 is amended by striking out paragraph (5).

26 USC 112 note.

(c) Effective Date.— Tie amendments made by this section shall take effect on July 1, 1973.
SEC. 3. JOINT RETURNS; SURVIVING SPOUSE.

26 USC 6013.

(a) Joint Returns.— Section 6013 (relating to joint returns of income tax by husband and wife) is amended by adding at the end thereof the following new subsection: “(f) Joint Return Where Individual Is in Missing Status.— For purposes of this section and subtitle A— “(1) Election by spouse.— If— “(A) an individual is in a missing status (within the meaning of paragraph (3)) as a result of service in a combat zone (as determined for purposes of section 112), and “(B) the spouse of such individual is otherwise entitled to file a joint return for any taxable year which begins on or before the day which is 2 years after the date designated under section 112 as the date of termination of combatant activities in Such zone, then such spouse may elect under subsection (a) to file a joint return for such taxable year. With respect to service in the combat zone designated for purposes of the Vietnam conflict, no such election may be made for any taxable year beginning more than 2 years after the date of the enactment of this sentence. 88 Stat. 1951 “(2) Effect of election.— If the spouse of an individual described in paragraph (1) (A) elects to file a joint return under subsection (a) for a taxable year, then, until such election is revoked— “(A) such election shall be valid even if such individual died before the beginning of such year, and “(B) except for purposes of section 692 (relating to income

26 USC 692.

 taxes of members of the Armed Forces on death), the income tax liability of such individual, his spouse, and his estate shall be determined as if he were alive throughout the taxable year. “(3) Missing status.— For purposes of this subsection— “(A) Uniformed services.— A member of a uniformed service (within the meaning of section 101(3) of title 37 of the United States Code) is in a missing status for any period for which he is entitled to pay and allowances under section 552 of such title 37. “(B) Civilian employees.— An employee (within the meaning of section 5561(2) of title 5 of the United States Code) is in a missing status for any period for which he is entitled to pay and allowances under section 5562 of such title 5. “(4) Making of election; revocation.— An election described in this subsection with respect to any taxable year may be made by filing a joint return in accordance with subsection (a) and under such regulations as may be prescribed by the Secretary or his delegate. Such an election may be revoked by either spouse on or before the due date (including extensions) for such taxable year, and, in the case of an executor or administrator, may be revoked by disaffirming as provided in the last sentence of subsection (a)(3).” (b) Surviving Spouse.— Section 2(a) (defining surviving spouse)

26 USC 2.

 is amended by adding at the end thereof the following new paragraph: “(3) Special rule where deceased spouse was in missing status.— If an individual was in a missing status (within the meaning of section 6013(f)(3)) as a result of service in a

Ante, p. 1950.

26 USC 112.

 combat zone (as determined for purposes of section 112) and if such individual remains in such status until the date referred to in subparagraph (A) or (B), then, for purposes of paragraph (1) (A), the date on which such individual died shall be treated as the earlier of the date determined under subparagraph (A) or the date determined under subparagraph (B): “(A) the date on which the determination is made under section 556 of title 37 of the United State Code or under section 5566 of title 5 of such Code (whichever is applicable) that such individual died while in such missing status, or “(B) the date which is 2 years after— “(i) the date of the enactment of this paragraph, in the case of service in the combat zone designated for purposes of the Vietnam conflict, or “(ii) the date designated under section 112 as the date of termination of combatant activities in that zone, in the case of any combat zone other than that referred to in clause (i)?’ 88 Stat. 1952

26 USC 6013 note.

(c) Effective Date.— The amendments made by this section shall apply to taxable years ending on or after February 28, 1961.
SEC. 4. INCOME TAXES OF MEMBERS OF ARMED FORCES ON DEATH.

26 USC 692.

(a) Amendment of Section 692.— Section 692 (relating to income taxes of members of Armed Forces on death) is amended— (1) by striking out “In the case” and inserting in lieu thereof “(a) General Rule.—In the case”; (2) by striking out “during an induction period (as defined in section 112(c) (5))”; and (3) by adding at the end thereof the following new subsection: “(b) Individuals in Missing Status.— For purposes of this section, in the case of an individual who was in a missing status within

Ante, p. 1950.

the meaning of section 6013(f) (3) (A), the date of his death shall be treated as being not earlier than the date on which a determination of his death is made under section 556 of title 37 of the United States Code. The preceding sentence shall not cause subsection (a)(1) to apply for any taxable year beginning more than 2 years after— “(1) the date of the enactment of this subsection, in the case of service in the combat zone designated for purposes of the Vietnam conflict, or

26 USC 112.

“(2) the date designated under section 112 as the date of termination of combatant activities in that zone, in the case of any combat zone other than that referred to in paragraph (1).”

26 USC 692 note.

(b) Effective Date.— The amendments made by subsection (a) shall apply to taxable years ending on or after February 28, 1961.

26 USC 692 note.

(c) Refunds and Credits Resulting From Section 692 of Code.— If the refund or credit of any overpayment for any taxable year ending on or after February 28, 1961, resulting from the application of section 692 of the Internal Revenue Code of 1954 (as amended by subsection (a) of this section) is prevented at any time before the expiration of one year after the date of the enactment of this Act by the operation of any law or rule of law, but would not have been so prevented if claim for refund or credit therefor were made on the due date for the return for the taxable year of his death (or any later year), refund or credit of such overpayment may, nevertheless, be made or allowed if claim therefor is filed before the expiration of such one-year period.
SEC. 5. TIME FOR PERFORMING CERTAIN ACTS POSTPONED BY REASON OF WAR.

26 USC 7508.

(a) Amendment of Section 7508.— Section 7508 (relating to time for performing acts postponed by reason of war) is amended by redesignating subsection (b) as subsection (d) and by inserting after subsection (a) the following new subsections: “(b) Application to Spouse.— The provisions of this section shall apply to the spouse of any individual entitled to the benefits of subsection (a). The preceding sentence shall not cause this section to apply to any spouse for any taxable year beginning more than 2 years after— “(1) the date of the enactment of this subsection, in the case of service in the combat zone designated for purposes of the Vietnam conflict, or “(2) the date designated under section 112 as the date of termination of combatant activities in that zone, in the case of any combat zone other than that referred to in paragraph (1). 88 Stat. 1953 “(c) Missing Status.— The period of service in the area referred to in subsection (a) shall include the period during which an individual entitled to benefits under subsection (a) is in a missing status, within the meaning of section 6013(f)(3).”

Ante, p. 1950.

 (b) Effective Date.— The amendments made by subsection (a)

26 USC 7508 note.

 shall apply to taxable years ending on or after February 28, 1961.
SEC. 6. TECHNICAL AMENDMENTS SO THAT CERTAIN PROVISIONS WILL APPLY WITHOUT REGARD TO WHETHER OR NOT AN INDUCTION PERIOD EXISTS. (a) Sale of Residence.— Section 1034(h) (relating to sale or

26 USC 1034.

 exchange of residence by members of the Armed Forces) is amended by striking out “and during an induction period (as defined in section 112(c)(5))”. (b) Non application of Additional Estate Tax.— (1) Section 2210 (relating to members of the Armed Forces

26 USC 2201.

 dying during induction period) is amended by striking out “during an induction period (as defined in section 112(c)(5)),”. (2) The heading for such section 2201 is amended to read as follows:
“SEC. 2201. MEMBERS OF THE ARMED FORCES DYING IN COMBAT ZONE OR BY REASON OF COMBAT-ZONE-INCURRED WOUNDS, ETC.”.
(3) The table of sections for subchapter C of chapter 11 of such Code is amended by striking out the item relating to section 2201 and inserting in lieu thereof the following: “2201. (c) Effective Date.— The amendments made by this section shall

26 USC 1034 note.

 take effect on July 1, 1973.
SEC. 7. EXTENSION OF SECTION 112(d) OF CODE TO CERTAIN MEMBERS OF ARMED FORCES AND CIVILIANS ILLEGALLY DETAINED IN 1968.

26 USC 112.

 (a) In General.— The first section of the Act of April 24, 1970, entitled “An Act to provide that, for purposes of the Internal Revenue Code of 1954, individuals who were illegally detained during 1968 by the Democratic People’s Republic of Korea shall be treated as serving in a combat zone” (Public Law 91–235) is amended by adding at

84 Stat. 200.

 the end thereof the following new sentence: “For purposes of section 112(d) of the Internal Revenue Code of 1954, the period during which any member of the Armed Forces of the United States or any employee was so detained shall be treated as a period in which such member or employee is in a missing status during the Vietnam conflict as a result of such conflict.” (b) Effective Date.— The amendment made by subsection (a) shall apply with respect to compensation received for periods of active service after December 31, 1967, in taxable years ending after such date, if refund or credit of any overpayment tor any taxable year resulting from the application of the amendment made by subsection (a) is prevented at any time before the expiration of one year after the date of the enactment of this Act by the operation of any law or rule of law, refund or credit of such overpayment may, nevertheless, be made or allowed if claim therefor is filed before the expiration of such one-year period.
Approved January 2, 1975.
Public Law 93–598: To authorise the President to appoint to the active list of the Navy and Marine Corps certain Reserves and temporary officers. Public Law598 Public Law 93–598 88 Stat. 1954 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 1954 Public Law 93–598
AN ACT To authorise the President to appoint to the active list of the Navy and Marine Corps certain Reserves and temporary officers.

January 2, 1975

[H. R. 8591]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Navy and Marine Corps.

Presidential appointments to active list.

10 USC 5573a note.
That not withstanding section 5573a of title 10, United States Code, or any other law, the President may make appointments to the active list of the Navy in permanent grades not above captain, and to the active list of the Marine Corps in permanent grades not above colonel from officers of the following who were in a missing status as defined in section 551(2) of title 37, United States Code, during the Vietnam conflict as a result of that conflict: (1) The Naval Reserve or the Marine Corps Reserve. (2) The Regular Navy or Marine Corps who do not hold permanent commission appointments therein.
Sec. 2.

Vietnam conflict.

10 USC 5573a note.

 For the purposes of this Act, the Vietnam conflict— (1) begins on February 28, 1961; (2) ends on the date designated by the President by Executive order as the date of the termination of combatant activities in Vietnam; and (3) includes activities in Vietnam, Laos, Cambodia and Thailand.
Sec. 3.

10 USC 5573a.

 The authority to make appointments under this Act shall expire two years from the date of enactment.
Approved January 2, 1975.
Public Law 93–599: To amend the Federal Property and Administrative Services Act of 1949 to provide for the disposal of certain excess and surplus Federal property to the Secretary of the Interior for the benefit, of any group, band, or tribe of Indians. Public Law599 Public Law 93–599 88 Stat. 1954 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–599
AN ACT To amend the Federal Property and Administrative Services Act of 1949 to provide for the disposal of certain excess and surplus Federal property to the Secretary of the Interior for the benefit, of any group, band, or tribe of Indians.

January 2, 1975

[H. R. 8958]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Indian reservations.

Excess property, disposal.
That section 202(a) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483(a)) is amended as follows: (1) The first sentence of such subsection is amended by striking out “In” at the beginning of such sentence and inserting in lieu thereof: “(1) Subject to the provisions of paragraph (2) of this subsection, in”. (2) Such subsection is amended by adding at the end thereof the following new paragraph: “(2) The Administrator shall prescribe such procedures as may be necessary in order to transfer without compensation to the Secretary of the Interior excess real property located within the reservation of any group, band, or tribe of Indians which is recognized as eligible for services by the Bureau of Indian Affairs. Such excess real property shall be held in trust by the Secretary for the benefit and use of the group, band, or tribe of Indians, within whose reservation such excess real property is located: Provided, That such transfers of real property within the State of Oklahoma shall be, made to the Secretary of the Interior to be held in trust for Oklahoma Indian tribes recognized by the Secretary of the Interior when such real property (1) is located within boundaries of former reservations in Oklahoma as defined by the Secretary of Interior and when such real property was held in trust by the United States for an Indian tribe at the time of 88 Stat. 1955acquisition by the United States, or (2) is contiguous to real property presently held in trust, by the United States for an Oklahoma Indian tribe and was at any time held in trust by the United States for an Indian tribe.”
Approved January 2, 1975.
Public Law 93–600: To amend the Trademark Act to extend the time for filing oppositions, to eliminate the requirement for filing reasons of appeal in the Patent Office, and to provide for awarding attorney fees. Public Law600 Public Law 93–600 88 Stat. 1955 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–600
AN ACT To amend the Trademark Act to extend the time for filing oppositions, to eliminate the requirement for filing reasons of appeal in the Patent Office, and to provide for awarding attorney fees.

January 2, 1975

[H. R. 8981]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Trademarks.

Extension for filing oppositions

15 USC 1063.
Sec. 1. Section 13 of the Trademark Act of 1946 (60 Stat. 427), as amended, is amended by deleting the second sentence and substituting therefor: “Upon written request prior to the expiration of the thirty-day period, the time for filing opposition shall be extended for an additional thirty days, and further extensions of time for filing opposition may be granted by the Commissioner for good cause. The Commissioner shall notify the applicant of each extension of the time for filing opposition.”.
Sec. 2. Section 21 of the Trademark Act of 1946 ( 60 Stat. 427), as

15 USC 1071.

 amended, is amended by deleting subsections (2). (3), and (4) from paragraph (a) and substituting therefor: “(2) Such an appeal to the United States Court of Customs and

Notice of appeal.

 Patent Appeals shall be taken by filing a notice of appeal with the Commissioner, within sixty days after the date of the decision appealed from or such longer time after said date as the Commissioner appoints. The notice of such appeal shall specify the party or parties taking the appeal, shall designate the decision or part thereof appealed from, and shall state that the appeal is taken to said court. “(3) The court shall, before hearing such appeal, give notice of the

Hearing,, notice.

 time and place of the hearing to the Commissioner and the parties thereto. The Commissioner shall transmit to the court certified copies of all the necessary original papers and evidence in the ease specified by the appellant and any additional papers and evidence specified by the appellee, and in an ex parte case the Commissioner shall furnish the court with a brief explaining the grounds of the decision of the Patent Office, touching all the points involved in the appeal. “(4) The court shall decide such appeal on the evidence produced before the Patent Office. The court shall return to the Commissioner a certificate of its proceedings and decision, which shall be entered of record in the Patent Office and govern further proceedings in the case.”.
Sec. 3. Section 35 of the Trademark Act of 1946 (60 Stat. 427), as

Attorney fees.

15 USC 1117.

 amended, is amended by adding the following sentence at the end thereof: “The court in exceptional cases may award reasonable attorney fees to the prevailing party.”.
Sec. 4. This Act shall become effective upon enactment, but shall

Effective date.

15 USC 1063 note.

 not affect any suit, proceeding, or appeal then pending.
Approved January 2, 1975.
Public Law 93–601: To amend title 35, United States Code, “Patents”, and for other purposes. Public Law601 Public Law 93–601 88 Stat. 1956 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 1956 Public Law 93–601
AN ACT To amend title 35, United States Code, “Patents”, and for other purposes.

January 2, 1975

[H. R. 9199]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Patents.
That section 3, title 35, of the United States Code is amended to read as follows:
Ҥ 3.

35 USC 3.

 Officers and employees “(a) There shall be in the Patent Office a Commissioner of Patents, a Deputy Commissioner, two Assistant Commissioners, and not more than fifteen examiners-in-chief. The Deputy Commissioner, or, in the event of a vacancy in that office, the Assistant Commissioner senior in date of appointment shall fill the office of Commissioner during a vacancy in that office until the Commissioner is appointed and takes office. The Commissioner of Patents, the Deputy Commissioner, and the Assistant Commissioners shall be appointed by the President, by and with the advice and consent of the Senate. The Secretary of Commerce, upon the nomination of the Commissioner, in accordance with law, shall appoint all other officers and employees. “(b) The Secretary of Commerce may vest in himself the functions of the Patent Office and its officers and employees specified in this title and may from time to time authorize their performance by any other officer or employee. “(c) The Secretary of Commerce is authorized to fix the per annum rate of basic compensation of each examiner-in-chief in the Patent Office at not in excess of the maximum scheduled rate provided for positions in grade 17 of the General Schedule of the Classification

5 USC 5332 note.

Act of 1949, as amended.”
Sec. 2.

Board of Appeals.

 The first paragraph of section 7 of title 35 of the United States Code is amended to read as follows:

“The examiners-in-chief shall be persons of competent legal knowledge and scientific ability, who shall be appointed under the classified civil service. The Commissioner, the deputy commissioner, the assistant commissioners, and the examiners-in-chief shall constitute a Board

Review.

of Appeals, which on written appeal of the applicant, shall review adverse decisions of examiners upon applications for patents. Each appeal shall be heard by at least three members of the Board of Appeals, the members hearing such appeal to be designated by the Commissioner. The Board of Appeals has sole power to grant rehearings.”
Sec. 3.

Delayed payment.

 The last sentence of section 151 of title 35 of the United States Code is amended to read as follows: “If any payment required by this section is not timely made, but is submitted with the fee for delayed payment and the delay in payment is shown to have been unavoidable, it may be accepted by the Commissioner as though no abandonment or lapse had ever occurred.”.
Sec. 4.

Issue fees, late payment.

35 USC 151 note.

35 USC 41.

 (a) The Commissioner of Patents may, in accordance with Section 3 of this Act, accept late payment of issue fees, the payment of which was governed by the provisions of Public Law 89–93; Provided: the term of the patent for which late payment of such an issue fee is accepted shall expire earlier than the time specified in Section 154 of Title 35, United States Code, by a period equal to the delay between the time the application became abandoned or the patent lapsed for failure to pay the issue fee and the time the late payment is accepted after enactment of this Act: Further Provided: no patent with respect to which the payment of the issue fee was governed by the provisions of PL 89–83 and for which a late payment of the issue fee is accepted under the authority created by Section 3 of 88 Stat. 1957this Act, shall abridge or affect the right of any person or his successors in business who made, purchased or used anything covered by the patent, after the date of the application became abandoned or patent lapsed for failure to pay the issue fee but prior to the grant or restoration of the patent, to continue the use of or to sell to others to be used or sold, the specific thing so made, purchased, or used. A court before which such matter is in question may provide for the continued manufacture, use or sale of the thing made, purchased or used as specified, or for the manufacture, use or sale of which substantial preparation was made after the date the application became abandoned or patent lapsed for failure to pay the fee but prior to the grant or restoration of the patent, and it may also provide for the continued practice of any process covered by the patent, practiced, or for the practice of which substantial preparation was made, after the date the application became abandoned or patent lapsed for failure to pay the issue fee but prior to the grant or restoration of the patent, to the extent and under such terms as the court deems equitable for the protection of investments made or business commenced before the grant or restoration of the patent. (b) This Act shall be effective upon enactment. Examiners-in-chief

Effective date.

35 USC 3 note.

 in office on the date of enactment shall continue in office under and in accordance with their then existing appointments.
Approved January 2, 1975.
Public Law 93–602: To designate the Veterans’ Administration hospital in Columbia, Missouri, as the ‘Harry S. Truman Memorial Veterans’ Hospital”; to amend title 38. United States Code, to increase the rates of vocational rehabilitation, educational assistance, and special training allowances paid to certain eligible veterans and persons; and for other purposes. Public Law602 Public Law 93–602 88 Stat. 1957 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–602
AN ACT To designate the Veterans’ Administration hospital in Columbia, Missouri, as the ‘Harry S. Truman Memorial Veterans’ Hospital”; to amend title 38. United States Code, to increase the rates of vocational rehabilitation, educational assistance, and special training allowances paid to certain eligible veterans and persons; and for other purposes.

January 2, 1975

[H. R. 10212]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Veterans.

Hospital designation; education and rehabilitation assistance.

 <num value="I">TITLE I—</num> <heading class="centered">DESIGNATING THE VETERANS’ ADMINISTRATION HOSPITAL AT COLUMBIA, MISSOURI, AS THE “HARRY S. TRUMAN MEMORIAL VETERANS’ HOSPITAL”</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">The Veterans’ Administration hospital at Columbia, Missouri,<sidenote><p class="firstIndent1 fontsize8">Harry S. Truman Memorial Veterans’ Hospital.</p></sidenote> shall hereafter be known and designated as the, “Harry S. Truman Memorial Veterans’ Hospital”. Any reference to such hospital in any law, regulation, document, record, or other paper of the United States shall he deemed a reference to it as the Harry S. Truman Memorial Veterans’ Hospital.</content> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <content class="inline">The Administrator of Veterans’ Affairs is authorized to provide such memorial at the above-named hospital as he may deem suitable to preserve the remembrance of the late Harry S. Truman.</content> </section> 88 Stat. 1958 <num value="II">TITLE II—</num> <heading class="centered">VETERANS’ EDUCATION AND REHABILITATION EQUALIZATION AMENDMENTS ACT OF 1974</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1504">38 USC 1504 note.</ref></p></sidenote> <content class="inline">This title may be cited as the “<shortTitle role="title">Veterans’ Education and Rehabilitation Equalization Amendments Act of 1974</shortTitle>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num><sidenote><p class="firstIndent1 fontsize8">Substance allowances.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1579.</p></sidenote> <content class="inline">The table contained in section 1504(b) of title 38, United States Code, is amended to read as follows: <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead style="font-size: 8pt"> <tr> <th style="text-align:center; vertical-align:top; padding-top: 1em; padding-bottom: 1em; padding-left: 1em; padding-right: 1em; border-bottom:1px solid black; border-top:1px solid black; border-right:1px solid black; border-left:1px solid black;">“Column I</th> <th style="text-align:center; vertical-align:top; padding-top: 1em; padding-bottom: 1em; padding-left: 1em; padding-right: 1em; border-bottom:1px solid black; border-top:1px solid black; border-right:1px solid black; border-left:1px solid black;">Column II</th> <th style="text-align:center; vertical-align:top; padding-top: 1em; padding-bottom: 1em; padding-left: 1em; padding-right: 1em; border-bottom:1px solid black; border-top:1px solid black; border-right:1px solid black; border-left:1px solid black;">Column III</th> <th style="text-align:center; vertical-align:top; padding-top: 1em; padding-bottom: 1em; padding-left: 1em; padding-right: 1em; border-bottom:1px solid black; border-top:1px solid black; border-right:1px solid black; border-left:1px solid black;">Column IV</th> <th style="text-align:center; vertical-align:top; padding-top: 1em; padding-bottom: 1em; padding-left: 1em; padding-right: 1em; border-bottom:1px solid black; border-top:1px solid black; border-right:1px solid black; border-left:1px solid black;">Column V</th> </tr> <tr> <th style="text-align:center; vertical-align:middle; padding-top: 1em; padding-bottom: 1em; padding-left: 1em; padding-right: 1em; border-bottom:1px solid black; border-top:1px solid black; border-right:1px solid black; border-left:1px solid black;">Type of training</th> <th style="text-align:center; vertical-align:middle; padding-top: 1em; padding-bottom: 1em; padding-left: 1em; padding-right: 1em; border-bottom:1px solid black; border-top:1px solid black; border-right:1px solid black; border-left:1px solid black;">No dependents</th> <th style="text-align:center; vertical-align:middle; padding-top: 1em; padding-bottom: 1em; padding-left: 1em; padding-right: 1em; border-bottom:1px solid black; border-top:1px solid black; border-right:1px solid black; border-left:1px solid black;">One dependent</th> <th style="text-align:center; vertical-align:middle; padding-top: 1em; padding-bottom: 1em; padding-left: 1em; padding-right: 1em; border-bottom:1px solid black; border-top:1px solid black; border-right:1px solid black; border-left:1px solid black;">Two dependents</th> <th style="text-align:center; vertical-align:middle; padding-top: 1em; padding-bottom: 1em; padding-left: 1em; padding-right: 1em; border-bottom:1px solid black; border-top:1px solid black; border-right:1px solid black; border-left:1px solid black;">More than two dependents</th> </tr> </thead> <tbody> <tr> <td class="firstIndent-1" style="padding-left: 3em; text-align:left; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"/> <td class="firstIndent-1" style="padding-left: 3em; text-align:left; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"/> <td class="firstIndent-1" style="padding-left: 3em; text-align:left; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"/> <td class="firstIndent-1" style="padding-left: 3em; text-align:left; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"/> <td class="firstIndent-1" style="padding-left: 3em; padding-right: 3em; text-align:left; vertical-align: middle; padding-top: 0.5em; border-left: 1px solid; border-right: 1px solid;">The amount in column IV, plus the following for each dependent in excess of two:</td> </tr> <tr> <td style="text-align:left; vertical-align: top; padding-left: 1.5em; padding-right: 2em; border-left: 1px solid;">Institutional:</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:left; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"/> <td class="firstIndent-1" style="padding-left: 3em; text-align:left; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"/> <td class="firstIndent-1" style="padding-left: 3em; text-align:left; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"/> <td class="firstIndent-1" style="padding-left: 3em; text-align:left; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"/> </tr> <tr> <td style="text-align:left; vertical-align: top; padding-left: 2.5em; padding-right: 2em; border-left: 1px solid;">Full-time</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;">$209</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;">$259</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;">$304</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;">$22</td> </tr> <tr> <td class="firstIndent-1" style="text-align:left; vertical-align: top; padding-left: 4.5em; padding-right: 2.5em; border-left: 1px solid;">Three-quarter-time</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"> 157</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"> 194</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"> 229</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"> 17</td> </tr> <tr> <td style="text-align:left; vertical-align: top; padding-left: 2.5em; padding-right: 2em; border-left: 1px solid;">Half-time</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"> 105</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"> 130</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"> 152</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"> 11</td> </tr> <tr> <td class="firstIndent-1" style="text-align:left; vertical-align: top; padding-left: 3.5em; padding-right: 1.5em; border-left: 1px solid;">Farm cooperative, apprentice, or other on-job training:</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"/> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"/> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"/> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"/> </tr> <tr> <td style="text-align:left; vertical-align: top; padding-left: 4.5em; padding-right: 2em; border-left: 1px solid; bottom; border-bottom: 1px solid;">Full-time</td> <td class="firstIndent-1" style="padding-left: 3em; padding-bottom: 1em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid; border-bottom: 1px solid;"> 182</td> <td class="firstIndent-1" style="padding-left: 3em; padding-bottom: 1em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid; border-bottom: 1px solid;"> 220</td> <td class="firstIndent-1" style="padding-left: 3em; padding-bottom: 1em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid; border-bottom: 1px solid;"> 254</td> <td class="firstIndent-1" style="padding-left: 3.5em; padding-bottom: 1em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid; border-bottom: 1px solid;">  17“.</td> </tr> </tbody> </table> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <chapeau class="inline">Chapter 34 of title 38, United States Code, is amended as follows:</chapeau> <subsection class="firstIndent1"> <num value="a"><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1579.</p></sidenote>(a) </num> <content class="inline">by striking out in the last sentence of section 1677 (b) “<quotedText>$260</quotedText>” and inserting in lieu thereof “<quotedText>$270</quotedText>”;</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1579.</p></sidenote>(b) </num> <content class="inline">by striking out, in section 1682(b) “<quotedText>$260</quotedText>” and inserting in lieu thereof “<quotedText>$270</quotedText>”; and</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1580.</p></sidenote>(c) </num> <content class="inline">by striking out in section 1696(b) “<quotedText>$260</quotedText>” and inserting in lieu thereof “<quotedText>$270</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <chapeau class="inline">Chapter 35 of title 38, United States Code, is amended as follows:</chapeau> <subsection class="firstIndent1"> <num value="a"><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1580.</p></sidenote>(a) </num> <content class="inline">by striking out, in section 1732(b) “<quotedText>$209</quotedText>” and inserting in lieu thereof “<quotedText>$217</quotedText>”; and</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Special training allowance.</p></sidenote>(b) </num> <content class="inline">by amending section 1742(a) to read as follows: <quotedContent> <subsection class="firstIndent1"> <num value="a"><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1580.</p></sidenote>“(a) </num> <content class="inline">While the eligible person is enrolled in and pursuing a full-time course of special restorative training, the parent or guardian shall be entitled to receive on behalf of such person a special training allowance computed at the basic rate of $270 per month. If the charges for tuition and fees applicable to any such course are more than $85 per calendar month, the basic monthly allowance may be increased by the amount that such charges exceed $85 a month, upon election by the parent or guardian of the eligible person to have such person’s period of entitlement reduced by one day for each $9.02 that, the special training allowance paid exceeds the basic monthly allowance.”.</content> </subsection> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <chapeau class="inline">Chapter 36 of title 38, United States Code, is amended as follows:</chapeau> <subsection class="firstIndent1"> <num value="a"><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1580.</p></sidenote>(a) </num> <content class="inline">by striking out, in section 1786(a) (2) “<quotedText>$260</quotedText>” and inserting in lieu thereof “<quotedText>$270</quotedText>”; and</content> </subsection> <page identifier="/us/stat/88/1959">88 <inline class="smallCaps">Stat</inline>. 1959</page> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">by amending the table contained in paragraph (1) of section 1787 (b) to read as follows:<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1580.</p></sidenote> <quotedContent> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead style="font-size: 8pt"> <tr> <th style="text-align:center; vertical-align:top; padding-top: 1em; padding-bottom: 1em; padding-left: 1em; padding-right: 1em; border-bottom:1px solid black; border-top:1px solid black; border-right:1px solid black; border-left:1px solid black;">“Column I</th> <th style="text-align:center; vertical-align:top; padding-top: 1em; padding-bottom: 1em; padding-left: 1em; padding-right: 1em; border-bottom:1px solid black; border-top:1px solid black; border-right:1px solid black; border-left:1px solid black;">Column II</th> <th style="text-align:center; vertical-align:top; padding-top: 1em; padding-bottom: 1em; padding-left: 1em; padding-right: 1em; border-bottom:1px solid black; border-top:1px solid black; border-right:1px solid black; border-left:1px solid black;">Column III</th> <th style="text-align:center; vertical-align:top; padding-top: 1em; padding-bottom: 1em; padding-left: 1em; padding-right: 1em; border-bottom:1px solid black; border-top:1px solid black; border-right:1px solid black; border-left:1px solid black;">Column IV</th> <th style="text-align:center; vertical-align:top; padding-top: 1em; padding-bottom: 1em; padding-left: 1em; padding-right: 1em; border-bottom:1px solid black; border-top:1px solid black; border-right:1px solid black; border-left:1px solid black;">Column V</th> </tr> <tr> <th style="text-align:center; vertical-align:middle; padding-top: 1em; padding-bottom: 1em; padding-left: 1em; padding-right: 1em; border-bottom:1px solid black; border-top:1px solid black; border-right:1px solid black; border-left:1px solid black;">Periods of training</th> <th style="text-align:center; vertical-align:middle; padding-top: 1em; padding-bottom: 1em; padding-left: 1em; padding-right: 1em; border-bottom:1px solid black; border-top:1px solid black; border-right:1px solid black; border-left:1px solid black;">No dependents</th> <th style="text-align:center; vertical-align:middle; padding-top: 1em; padding-bottom: 1em; padding-left: 1em; padding-right: 1em; border-bottom:1px solid black; border-top:1px solid black; border-right:1px solid black; border-left:1px solid black;">One dependent</th> <th style="text-align:center; vertical-align:middle; padding-top: 1em; padding-bottom: 1em; padding-left: 1em; padding-right: 1em; border-bottom:1px solid black; border-top:1px solid black; border-right:1px solid black; border-left:1px solid black;">Two dependents</th> <th style="text-align:center; vertical-align:middle; padding-top: 1em; padding-bottom: 1em; padding-left: 1em; padding-right: 1em; border-bottom:1px solid black; border-top:1px solid black; border-right:1px solid black; border-left:1px solid black;">More than two dependents</th> </tr> </thead> <tbody> <tr> <td class="firstIndent-1" style="padding-left: 3em; text-align:left; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"/> <td class="firstIndent-1" style="padding-left: 3em; text-align:left; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"/> <td class="firstIndent-1" style="padding-left: 3em; text-align:left; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"/> <td class="firstIndent-1" style="padding-left: 3em; text-align:left; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"/> <td class="firstIndent-1" style="padding-left: 3em; padding-right: 3em; text-align:left; vertical-align: middle; padding-top: 0.5em; border-left: 1px solid; border-right: 1px solid;">The amount in column IV, plus the following for each dependent in excess of two:</td> </tr> <tr> <td style="text-align:left; vertical-align: top; padding-left: 2.5em; padding-right: 2em; border-left: 1px solid;">First 6 months</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;">$196</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;">$220</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;">$240</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;">$10</td> </tr> <tr> <td style="text-align:left; vertical-align: top; padding-left: 2.5em; padding-right: 2em; border-left: 1px solid;">Second 6 months</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"> 147</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"> 171</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"> 191</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"> 10</td> </tr> <tr> <td style="text-align:left; vertical-align: top; padding-left: 2.5em; padding-right: 2em; border-left: 1px solid;">Third 6 months</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"> 98</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"> 122</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"> 142</td> <td class="firstIndent-1" style="padding-left: 3em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid;"> 10</td> </tr> <tr> <td class="firstIndent-1" style="text-align:left; padding-bottom: 1em; vertical-align: top; padding-left: 4.5em; padding-right: 1.5em; border-left: 1px solid; border-bottom:1px solid black;">Fourth and may succeeding 6-month period</td> <td class="firstIndent-1" style="padding-left: 3em; padding-bottom: 1em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid; border-bottom:1px solid black;"> 49</td> <td class="firstIndent-1" style="padding-left: 3em; padding-bottom: 1em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid; border-bottom:1px solid black;"> 73</td> <td class="firstIndent-1" style="padding-left: 3em; padding-bottom: 1em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid; border-bottom:1px solid black;"> 93</td> <td class="firstIndent-1" style="padding-left: 3.5em; padding-bottom: 1em; text-align:center; vertical-align: bottom; border-left: 1px solid; border-right: 1px solid; border-bottom:1px solid black;">  10“.</td> </tr> </tbody> </table> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <content class="inline">The provisions of this title shall become effective on<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1504">38 USC 1504 note.</ref></p></sidenote> January 1, 1975.</content> </section> Approved January 2, 1975.
Public Law 93–603: Designating the lake created by the Hidden Reservoir project, Fresno River, California, as “Hensley Lake”. Public Law603 Public Law 93–603 88 Stat. 1959 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–603
AN ACT Designating the lake created by the Hidden Reservoir project, Fresno River, California, as “Hensley Lake”.

January 2, 1975

[H. R. 12044]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the lake

Hensley Lake.

Designation.

 created by the Hidden Reservoir project, Fresno River, California, authorized by the Flood Control Act of 1962, shall hereafter be known

76 Stat. 1180.

 as Hensley Lake, and any law, regulation, document, or record of the United States in which such lake is designated or referred to shall be held to refer to such lake under and by the name of “Hensley Lake”.
Approved January 2, 1975.
Public Law 93–604: To revise and restate certain functions and duties of the Comptroller General of the United States and for other purposes. Public Law604 Public Law 93–604 88 Stat. 1959 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–604
AN ACT To revise and restate certain functions and duties of the Comptroller General of the United States and for other purposes.

January 2, 1975

[H. R. 12113]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may be

General Accounting Office Act of 1974.

31 USC 52c note.

 cited as the “General Accounting Office Act of 1974”.
<num value="I">TITLE I—</num> <heading class="centered">STATISTICAL SAMPLING PROCEDURES IN THE EXAMINATION OF VOUCHERS</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">Subsection (a) of Public Law 88–521, approved August 30, 1964 (31 U.S.C. 82b–1(a)), is amended to read: <quotedContent> <page identifier="/us/stat/88/1960">88 <inline class="smallCaps">Stat</inline>. 1960</page> <subsection class="firstIndent1"> <num value="a">“(a) </num> <content class="inline">Whenever the head of any department or agency of the Government or the Commissioner of the District of Columbia determines that economies will result therefrom, such agency head or the Commissioner may prescribe the use of adequate and effective statistical sampling procedures in the examination of disbursement vouchers not exceeding such amounts as may from time to time be prescribed by the Comptroller General of the United States; and no certifying or disbursing officer acting in good faith and in conformity with such procedures shall be held liable with respect to any certification or payment made by him on a voucher which was not subject to specific examination because of t he prescribed statistical sampling procedure: <proviso><i>Provided</i>, That such officer and his department or agency have diligently pursued collection action to recover the illegal, improper, or incorrect payment in accordance with procedures prescribed by the Comptroller General. The Comptroller General shall include in his reviews of accounting systems an evaluation of the adequacy and effectiveness of procedures established under the authority of this Act.</proviso>”.</content> </subsection> </quotedContent> </content> </section> <num value="II">TITLE II—</num> <heading class="centered">AUDIT OF TRANSPORTATION PAYMENTS</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <chapeau class="inline">Section 322 of the Transportation Act of 1040, as amended (49 U.S.C. 66), is further amended:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">By deleting from subsection (a) the first sentence thereof and substituting therefor the following: <quotedContent> <p class="firstIndent1 fontsize10">“Payment, for transportation of persons or property for or on behalf of the United States by any carrier or forwarder shall be made upon presentation of bills therefor prior to audit by the General Services Administration, or his designee. The right is reserved to the United States Government to deduct the amount of any overcharge by any carrier or forwarder from any amount subsequently found to be due such carrier or forwarder. This does not affect the authority of the General Accounting Office to make audits in accordance with the Budget and Accounting Act, 1921, as amended (31 U.S.C. 41), and the Accounting and Auditing Act of 1950, as amended (31 U.S.C. 65).”.</p> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Transfer of functions.</p></sidenote>(2) </num> <content class="inline">In the second proviso of subsection (a), by striking out “<quotedText>cognizable by the General Accounting Office</quotedText>” and by striking out “<quotedText>received in the General Accounting Office</quotedText>” and inserting in lieu of the latter “<quotedText>received in the General Services Administration, or by his designee</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">By redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and by inserting the following new subsection (b): <quotedContent> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Nothing in subsection (a) hereof shall be deemed to prevent any carrier or forwarder from requesting the Comptroller General to review the action on his claim by the General Services Administration, or his designee. Such request shall Ire forever barred unless received in the General Accounting Office within six months (not including in time of war) from the date the action was taken or within the periods of limitation specified in the second proviso in subsection (a) of this section, whichever is later.”.</content> </subsection> </quotedContent> </content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num><sidenote><p class="firstIndent1 fontsize8">Transfer of records, property, personnel, and funds.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s66">49 USC 66 note.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Incident to the transfer of functions pursuant to the amendments made by section 201 of this Act, there shall be transferred to the General Services Administration such records, property, personnel, appropriations, and other funds of the General Accounting Office as the Comptroller General and the Director of the Office of Management and Budget shall jointly determine after consultation with the Administrator of General Services and, with respect to personnel, with the Chairman of the United States Civil Service Commission.</content> </subsection> <page identifier="/us/stat/88/1961">88 <inline class="smallCaps">Stat</inline>. 1961</page> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Personnel transferred pursuant to subsection (a) of this section shall not be reduced in classification or compensation for two years after such transfer, except for cause. After such two-year period, each person transferred pursuant to subsection (a) shall be subject to the provisions of section 5337 of title 5, United States Code, as if such person had continued to be an employee of the General Accounting Office.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The transfer of functions and personnel under this<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s66">49 USC 66 note.</ref></p></sidenote> title shall be effective on such date as is mutually determined by the Comptroller General of the United States and the Administrator of General Services, but not earlier than October 1, 1975, and not later than September 30, 1976.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Upon the enactment of this Act the Comptroller General of the<sidenote><p class="firstIndent1 fontsize8">Personnel development program.</p></sidenote> United States shall establish and carry out a continuing program of personnel development and improvement applicable to the personnel who will be transferred under this title. Such program shall include provisions for training, career development and counseling services, a review of equal employment opportunity problems and the taking of corrective action, where appropriate, and any restructuring, reclassification, and redesigning of positions necessary to effectuate a full and adequate transfer of the functions as provided for under this title.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">At least sixty days prior to the effective date determined under<sidenote><p class="firstIndent1 fontsize8">Plan; publication in Federal Register.</p></sidenote> subsection (a), the Administrator of General Services shall establish a detailed plan for the transfer of functions and personnel under this title and shall publish such plan in the Federal Register. Such plan shall be based on a thorough survey of the availability of transportation to any new location for functions and personnel transferred and of the availability of parking facilities and food, health, and other services for personnel transferred, and shall include a detailed description of a personnel development program to be conducted by the Administrator of General Services to assure the establishment and maintenance of procedures which guarantee equal employment opportunities, promotion opportunities, employment, and career counseling, and training and career development for personnel who are transferred.</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">Six months after the date of the transfer of the personnel and<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> functions under this title, the Administrator of the General Services Administration shall make a report to the Congress as to actions which he has taken to implement such plan and the transfer of such personnel and functions thereunder.</content> </subsection> </section> <num value="III">TITLE III—</num> <heading class="centered">AUDIT OF NONAPPROPRIATED FUND ACTIVITIES</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The (1) operations and funds (including central<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s135">31 USC 135.</ref></p></sidenote> funds) of nonappropriated fund and related activities authorized or operated by an executive agency to sell merchandise or services to military or other Government personnel and their dependents, such as the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, Exchange Councils of the National Aeronautics and Space Administration, commissaries, clubs, and theaters, (2) systems of accounting and internal controls of such funds and activities, and (3) any internal or independent audits or reviews of such funds and activities shall, unless otherwise provided by law, be subject to review by the Comptroller General of the United States in accordance with such principles and procedures and under such rules and regulations as he may prescribe. The Comptroller General and his duly authorized representatives shall have access to those books, accounts, records, documents, reports, files, and other papers, things, or property relevant to funds and activities <page identifier="/us/stat/88/1962">88 <inline class="smallCaps">Stat</inline>. 1962</page>within this subsection as are deemed necessary by the Comptroller General.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">When required by the Comptroller General for such nonappropriated fund and related activities with gross receipts from sales of more than $100,000 a year as he may designate by class, or upon specific request of the Comptroller General in any other ease, each executive agency shall furnish promptly a copy of the annual report of any non appropriated fund or related activity referred to in subsection (a). If such information is not included in any activity’s annual report, such agency shall also furnish a statement showing the yearly financial operations, financial condition, and cash flow, and such other annual information relating to the activity as may be agreed upon by the Comptroller General and the head of the executive agency conceited.</content> </subsection> </section> <num value="IV">TITLE IV—</num> <heading class="centered">EMPLOYMENT OF EXPERTS AND CONSULTANTS</heading> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s52c">31 USC 52c.</ref></p></sidenote> <content class="inline">Tile Comptroller General may employ experts and consultants in accordance with section 3109 of title 5, United States Code, at rates not in excess of the maximum daily rate prescribed <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note.</ref></p></sidenote>for GS–18 under section 5332 of title 5, United States Code, for persons in the Government service employed intermittently. Ten such experts or consultants may be employed for periods not in excess of three years.</content> </section> <num value="V">TITLE V—</num> <heading class="centered">GENERAL ACCOUNTING OFFICE BUILDING</heading> <section class="firstIndent1 fontsize10"> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s51–1">31 USC 51–1.</ref></p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Comptroller General of the United States shall be entitled to the use of such space in the General Accounting Office Building as he determines to be necessary, and the head of any Federal agency which exercises authority over such building shall provide the Comptroller General with such space within the building as the Comptroller General determines to be necessary.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s51–1">31 USC 51–1 note.</ref></p></sidenote>(b) </num> <content class="inline">Notwithstanding any other provision of law, during the one-year period beginning on the date of enactment of this Act, the Administrator for General Services may contract for the rent of a building in the District of Columbia to the extent necessary to secure an amount of space equal to the amount of space which the Administrator makes available to the Comptroller General of the United States during such one-year period under the provisions of subsection (a)-</content> </subsection> </section> <num value="VI">TITLE VI—</num> <heading class="centered">AUDITS OF GOVERNMENT </heading> <section> <heading class="smallCaps centered">amendments to the government corporation control act</heading> <num value="601"><inline class="smallCaps">Sec</inline>. 601. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 105 of the Government Corporation Control Act (31 U.S.C. 850) is amended by adding thereto the following sentence: “<quotedText>Effective July 1, 1974, each wholly owned Government corporation shall be audited at least once in every three years.</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s850">31 USC 850.</ref></p></sidenote>(b) </num> <content class="inline">The first sentence of section 106 of such Act (31 U.S.C. 851) is amended to read as follows: “<quotedText>A report of each audit conducted under section 105 shall be made by the Comptroller General to the Congress not later than six and one-half months following the close of the last year covered by such audit.</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Section 202 of such Act (31 U.S.C. 857) is amended by adding thereto the following sentence: “<quotedText>Effective July 1, 1974, each mixed-ownership Government corporation shall be audited at least once in every three years.</quotedText>”.</content> </subsection> <page identifier="/us/stat/88/1963">88 <inline class="smallCaps">Stat</inline>. 1963</page> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The first sentence of section 203 of such Act (31 U.S.C. 858)<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> is amended to read as follows: “<quotedText>A report of each audit conducted under section 202 shall be made by the Comptroller General to the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s857">31 USC 857.</ref></p></sidenote> Congress not later than six and one-half months following the close of the hist year covered by such audit</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">amendments to the federal deposit insurance act</heading> <num value="602"><inline class="smallCaps">Sec</inline>. 602. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 17(b) of the Federal Deposit Insurance Act (12 U.S.C. 1827(b)) is amended by adding thereto the following sentence: “<quotedText>The Corporation shall be audited at least once in every three years.</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The first and second sentences of section 17(c) of such Act (12<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> U.S.C. 1827(c)) are deleted and the following is inserted in their place: “<quotedText>A report of each audit conducted under subsection (b) of this section shall be made by the Comptroller General to the Congress not later than six and one-half months following the close of the last year covered by such audit.</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">amendment to federal crop insurance act</heading> <num value="603"><inline class="smallCaps">Sec</inline>. 603. </num> <content class="inline">Section 513 of the Federal Crop Insurance Act (52 Stat.<sidenote><p class="firstIndent1 fontsize8">Report to Secretary of Agriculture.</p></sidenote> 76; 7 U.S.C. 1513) is amended to read as follows: “<quotedText>The Corporation Agriculture, shall at all times maintain complete and accurate books of accounts and shall file annually with the. Secretary of Agriculture a complete report as to the business of the Corporation.</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">amendments to the housing and urban-development act of 1988</heading> <num value="604"><inline class="smallCaps">Sec</inline>. 604. </num> <chapeau class="inline">Section 107(g) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701y(g)) is amended by:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">adding a new sentence at the end of subparagraph (1) thereof as follows: “<quotedText>Such audit shall be made at least once in every three years.</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">substituting the following sentence in lieu of the first sentence<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> in subparagraph (2) thereof: “<quotedText>A report of each such audit shall he made by the Comptroller General to the Congress not later than six and one-half months following the close of the last year covered by such audit.</quotedText>”.</content> </paragraph> </section> <section> <heading class="smallCaps centered">amendment to district of columbia redevelopment act of 1945</heading> <num value="605"><inline class="smallCaps">Sec</inline>. 605. </num> <content class="inline">Section 17 of the District of Columbia Redevelopment Act of 1945 (60 Stat. 801) is amended by deleting the word “<quotedText>annual</quotedText>”<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/dc/5/716">D.C. code 5–716</ref></p></sidenote> from the clause “such books shall be subject to annual audit by the General Accounting Office.”.</content> </section> <num value="VII">TITLE VII—</num> <heading class="centered">REVISION OF ANNUAL AUDI T REQUIREMENTS</heading> <section> <heading class="smallCaps centered">amendment to federal property and administrative services act of 1949</heading> <num value="701"><inline class="smallCaps">Sec</inline>. 701. </num> <content class="inline">Section 109(e) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 756(e)) is amended to read as follows: <quotedContent> <subsection class="firstIndent1"> <num value="e">“(e)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">As of June 30 of each year, there shall be covered into the United States Treasury as miscellaneous receipts any surplus in the General Supply Fund, all assets, liabilities, and prior losses considered, above the amounts transferred or appropriated to establish and maintain said fund.</content> </paragraph> <page identifier="/us/stat/88/1964">88 <inline class="smallCaps">Stat</inline>. 1964</page> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The Comptroller General shall make audits of the General Supply Fund in accordance with the provisions of the Accounting and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s65">31 USC 65 note.</ref></p></sidenote>Auditing Act of 1950 and make reports on the results thereof.”.</content> </paragraph> </subsection> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">amendment to the federal aviation act of 1958</heading> <num value="702"><inline class="smallCaps">Sec</inline>. 702. </num> <content class="inline">That part of the second sentence of section 1307(f) of the Federal Aviation Act of 1958 (49 U.S.C. 1537(f)) which precedes the proviso is amended to read as follows: “<quotedText>The Secretary shall maintain a set of accounts which shall be audited by the Comptroller General in accordance with the provisions of the Accounting and Auditing Act of 1950.</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">amendment with respect to the bureau of engraving and printing fund</heading> <num value="703"><inline class="smallCaps">Sec</inline>. 703. </num> <content class="inline">Section 6 of the Act entitled “An Act to provide for financing the operations of the Bureau of Engraving and Printing, Treasury Department, and for other purposes” (31 U.S.C. 181 d) is amended to read as follows: “<quotedText>The financial transactions, accounts, and reports of the fund shall be audited by the Comptroller General in accordance with the provisions of the Accounting and Auditing Act of 1950.</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">amendment with respect to the veterans’ canteen service</heading> <num value="704"><inline class="smallCaps">Sec</inline>. 704. </num> <content class="inline">Section 4207 of title 38, United States Code, is amended to read as follows: <quotedContent> <section class="fontsize10"> <num value="4207">“§ 4207. </num> <heading>Audit of accounts</heading> <content>“The Service shall maintain a set of accounts which shall be audited by the Comptroller General in accordance with the provisions of the Accounting and Auditing Act of 1950.”.</content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">amendment with respect to the higher education insured loan program</heading> <num value="705"><inline class="smallCaps">Sec</inline>. 705. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Paragraph (2) of section 432(b) of the Higher Education Act of 1965 (20 U.S.C. 1082(b)(2)) is amended to read as follows: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">maintain with respect to insurance under this part a set of accounts, which shall be audited by the Comptroller General in accordance with the provisions of the Accounting and Auditing Act of 1950, except that the transactions of the Commissioner, including the settlement of insurance claims and of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1078">20 USC 1078.</ref></p></sidenote>claims for payments pursuant to section 428, and transactions related thereto and vouchers approved by the Commissioner in connection with such transactions, shall be final and conclusive upon all accounting and other officers of the Government.”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 402(a) (2) of the Housing Act of 1950 (64 Stat. 78; 12 U.S.C. 1749a (a) (2)) is amended to read as follows: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">maintain a set of accounts which shall be audited by the Comptroller General in accordance with the provisions of the Accounting and Auditing Act of 1950: <proviso><i>Provided</i>, That such financial transactions of the Administrator as the making of loans and vouchers approved by the Administrator in connection with such financial transactions shall be final and conclusive upon all officers of the Government.</proviso>”.</content> </paragraph> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">amendment to the federal credit union act</heading> <num value="706"><inline class="smallCaps">Sec</inline>. 706. </num> <content class="inline">Section 209(b)(2) of the Federal Credit Union Act as added by section 1 of Public Law 91–468 (12 U.S.C. 1789(b)(2)) is <page identifier="/us/stat/88/1965">88 <inline class="smallCaps">Stat</inline>. 1965</page>amended by deleting the word “<quotedText>annually</quotedText>” therefrom.</content> </section> <section> <heading class="smallCaps centered">amendment with respect to audit of the government printing office</heading> <num value="707"><inline class="smallCaps">Sec</inline>. 707. </num> <content class="inline">The third sentence of subsection 309(c) of title 44 of the United States Code is amended to read as follows: “<quotedText>The Comptroller<sidenote><p class="firstIndent1 fontsize8">Reports to Congress and Public Printer.</p></sidenote> General shall audit the activities of the Government Printing Office, at least once in every three years and shall furnish reports of such audits to the Congress and the Public Printer.</quotedText>”.</content> </section> <num value="VIII">TITLE VIII—</num> <heading class="centered">LIMITATION OF TIME ON CLAIMS AND DEMANDS</heading> <section class="firstIndent1 fontsize10"> <num value="801"><inline class="smallCaps">Sec</inline>. 801. </num> <content class="inline">Section 1 of the Act of October 9, 1940 (54 Stat. 1061, ch. 788), is amended by deleting the phrase “<quotedText>10 full years</quotedText>” and substituting<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s71a/s237">31 USC 71a, 237.</ref></p></sidenote> “<quotedText>6 years</quotedText>” therefor.</content> </section> <section class="firstIndent1 fontsize10"> <num value="802"><inline class="smallCaps">Sec</inline>. 802. </num> <content class="inline">The amendment provided for in section 801 shall go into<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s71a">31 USC 71a note.</ref></p></sidenote> effect 6 months after the date of enactment and will have no effect on claims received in the General Accounting Office before that time.</content> </section> Approved January 2, 1975.
Public Law 93–605: To amend section 510 of the Merchant Marine Act, 1936. Public Law605 Public Law 93–605 88 Stat. 1965 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–605
AN ACT To amend section 510 of the Merchant Marine Act, 1936.

January 2, 1975

[H. R. 12427]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subsection 510

Vessels.

Exchange.

 (i) of the Merchant Marine Act, 19.16 (46 U.S.C. 1160(1)) is amended to read as follows: “(i) The Secretary of Commerce is authorized, within two years after enactment, of this subsection, to acquire mariner class vessels constructed under title VII of this Act and Public Law 911, Eighty-first

46 USC 1191.

64 Stat. 1223.

 Congress, in exchange for obsolete vessels in the National Defense Reserve Fleet that are scheduled for scrapping. For purposes of this subsection, the traded-in and traded-out vessels shall be valued at the higher of their scrap value in domestic or foreign markets as of the date of the exchange: Provided, That in any exchange transactions the value assigned to the traded-in and traded-out vessels will be determined on the same basis. The value of the traded-out vessel shall be as nearly as possible equal to the value of the traded-in vessel plus the fair value of the cost of towing the traded-out vessel to the place of scrapping. To the extent the value of the traded-out vessel exceeds the value of the traded-in vessel plus the fair value of the cost of towing, the owner of the traded-in vessel shall pay the excess to the Secretary of Commerce in cash at the time of the exchange. This excess shall

Vessel Operations Revolving Fund.

 be deposited into the Vessel Operations Revolving Fund and all costs incident to the lay-up of vessels acquired under this Act may be paid from balances in the Fund. No payments shall be made by the Secretary of Commerce to the owner of any traded-in vessel in connection with any exchange under this subsection. Notwithstanding the provisions of sections 9 and 37 of the Shipping Act, 1961, vessels traded

46 USC 808, 835.

 out under this subsection may he Scrapped in approved foreign markets. The provision of this subsection (i) as it read prior to this amendment shall govern all transactions made thereunder prior to this amendment.”.
88 Stat. 1966
Sec. 2. (a) The Shipping Act, 1916, as amended (46 U.S.C. 801–842), is amended by inserting a new section 3 to read as follows:
“Sec. 3.

46 USC 804.

 Notwithstanding part III of the Interstate Commerce Act, as amended (49 U.S.C. 901 et seq.), or any other provision of law, rates and charges for the barging and affreighting of containers or containerized cargo by barge between points in the United States, shall be filed solely with the Federal Maritime Commission in accordance with rules and regulations promulgated by the Commission where (a) the cargo is moving between a point in a foreign country or a non-contiguous State, territory, or possession and a point in the United States, (b) the transportation by barge between points in the United States is furnished by a terminal operator as a service substitute in lieu of a direct vessel call by the common carrier by water transporting the containers or containerized cargo under a through bill of lading, (c) such terminal operator is a Pacific Slope State, municipality, or other public body or agency subject to the jurisdiction of the Federal Maritime Commission, and the only one furnishing the particular circumscribed barge service in question as of the date of enactment hereof, and (d) such terminal operator is in compliance with the rules and regulations of the Federal Maritime Commission for the operation of such barge service. The terminal operator providing such services shall be subject to the provisions of the Shipping Act, 1916.”.

46 USC 804 note.

Rules and regulations.

(b) Within one hundred and twenty days after enactment of this Act, the Federal Maritime Commission shall promulgate rules and regulations for the barge operations described in the amendment made by the first section of this Act. Such rules shall provide that the rates charged shall be based upon factors normally considered by a regular commercial operator in the same service.
Approved January 2, 1975.
Public Law 93–606: To amend the Act of September 2, 1960, as amended, so as to authorize different minimum grade standards for packages of grapes and plums exported to different destinations. Public Law606 Public Law 93–606 88 Stat. 1966 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–606
AN ACT To amend the Act of September 2, 1960, as amended, so as to authorize different minimum grade standards for packages of grapes and plums exported to different destinations.

January 2, 1975

[H. R. 13022]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Grapes and plums.

7 USC 591.
That section 1 of the Act of September 2, I960, as amended (74 Stat. 734J, is amended by inserting in the first sentence thereof “and destination” immediately following the words “such variety” and “to such destination” at the end of such sentence.
Approved January 2, 1975.
Public Law 93–607: To increase the borrowing authority of the Panama Canal Company and revise the method of computing Interest thereon. Public Law607 Public Law 93–607 88 Stat. 1966 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–607
AN ACT To increase the borrowing authority of the Panama Canal Company and revise the method of computing Interest thereon.

January 2, 1975

[H. R. 14600]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Panama Canal Company.

Borrowing authority, increase.
That section 71 of titled of the Canal Zone Code is amended as follows: (1) By striking out from the first sentence “$10,000,000” and inserting in lieu thereof “$40,000,000”.

Interest rate.

(2) By striking out the third sentence and inserting in lieu thereof “Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the 88 Stat. 1967average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the notes or other obligations.”.
Approved January 2, 1975.
Public Law 93–608: To discontinue or modify certain reporting requirements of law. Public Law608 Public Law 93–608 88 Stat. 1967 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–608
AN ACT To discontinue or modify certain reporting requirements of law.

January 2, 1975

[H. R. 14718]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That certain provisions

Reporting requirements of law, modifications find repeals.

 of law, which relate to the submission of reports to Congress or other Government authorities, are repealed as follows: reports under more than one agency (1) Section 3 of the Act entitled “An Act to authorize the expenditure

Repeal.

 of funds through grants for support of scientific research, and for other purposes”, approved September 6, 1958 (72 Stat. 1793; 42 U.S.C. 1893), is repealed, thereby eliminating the annual report under such Act to the appropriate committees of both Houses of Congress concerning grants for basic scientific research. (2) Section 7 of the Act entitled “An Act to authorize the Secretary

Repeal.

 of the Interior to construct facilities to provide water for irrigation, municipal, domestic, military, and other uses from the Santa Margarita River, California, and for other purposes”, approved July 28, 1954 (68 Stat. 578), is repealed, thereby eliminating the report from time to time to the Congress, by the Attorney General, the Secretary of the Interior, and the Secretary of the Navy, concerning the conditions specified in section 1 of such Act involving facilities to provide water for irrigation and other uses from the Santa Margarita River, California. reports under the department of commerce (3) Subsection (b) of the first section of the Act

Annual reports to Congress, elimination.

 entitled “An Act to provide basic authority for the performance, of certain functions and activities of the Department of Commerce, and for other purposes”, approved October 26, 1949 (63 Stat. 908; 15 U.S.C. 1514(b)), is amended by striking out “: Provided” and all that follows thereafter to the end of such subsection and inserting in lieu thereof a semi-colon, thereby eliminating the annual report to Congress showing total expenditures under such Act for food and other subsistence supplies for resale to employees of the Department of Commerce and other Federal agencies, and their dependents, in Alaska and other points outside of the continental United States, and the proceeds from such resales. (4) Chapter 256 of the Act entitled “An Act authorizing the Superintendent of the Coast and Geodetic Survey, subject to the approval of the Secretary of Commerce, to consider, ascertain, adjust, and determine claims for damage occasioned by acts for which said survey is responsible in certain cases”, approved June 5, 1920 (41 Stat. 1054; 33 U.S.C. 853), is amended by striking out “, and report the amounts so ascertained and determined to be due the claimants to Congress at each session thereof through the Treasury Department for payment as legal claims out of appropriations that may be made by Congress therefor.” and inserting in lieu thereof a period, thereby eliminating the annual report to Congress, through the Treasury Department claims not to exceed $500 settled under such Act, and 88 Stat. 1968the amounts so ascertained and determined to be due the claimants. reports under the department of defense

Reports to Congress, elimination.

(5) Section 8031(c) of title 10, United States Code, is amended by striking out the last sentence thereof, thereby eliminating the annual report to the Congress by the Secretary of the Air Force on the number of officers in the executive part of the Department of the Air Force and the justification therefor. (6) Section 3031(c) of title 10, United States Code, is amended by striking out the last sentence thereof, thereby eliminating the quarterly report by the Secretary of the Army to the Congress on the number of officers in the executive part of the Department of the Army, the number of commissioned officers on or with the Army General Staff and the justification therefor. (7) Section 108 of the Mutual Security Appropriations Act, 1956

22 USC 1819.

(69 Stat. 439), is amended by striking out “Provided,”, where it first appears, and all that follows thereafter down to and including “Provided further,”, where it first appears, and inserting in lieu

Repeal.

Reports to Congressional committees, elimination.

thereof “Provided”,, and section 102 of the Mutual Security Appropriations Act, 1957 (70 Stat. 734), is repealed, thereby eliminating the quarterly reports by the Secretary of Defense to the Committees on Appropriations of the Senate and House of Representatives concerning items ordered, but yet to be delivered, against reserves of unobligated amounts of allocations for military assistance and those reports required not less often than each quarter containing a detailed breakdown, on a delivery or service-rendered basis, on all military assistance funds allocated and available to the Department of Defense as of the end of the preceding quarter. reports under the department of health, education. and welfare

Annual report to Congress, elimination.

(8) Section 16(c) of the Vocational Rehabilitation Act (81 Stat. 251; 29 U.S.C. 42a(c)), is amended by striking out paragraph (2) and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively, thereby eliminating the annual report of the National Center for Deaf-Blind Youths and Adults, through the Secretary of the Department of Health, Education, and Welfare, to the Congress with comments and recommendations as the Secretary deems appropriate. reports under the department of housing and urban development

Repeal.

Reports to congressional committees, elimination.

(9) Section 5 of the Housing and Urban Development Act of 1968 (82 Stat. 477; 12 U.S.C. 1701c note) is repealed, thereby eliminating the annual report by the Secretary to the Committee on Banking and Currency of the House of Representatives and the Committee on Banking, Housing and Urban Affairs of the Senate, identifying specific areas of program administration and management which require improvement, describing actions taken and proposed for the purpose of making such improvements, and recommending such legislation as may be necessary to accomplish such improvements. reports under the department of the interior (10) Section 3 of the Act entitled “An Act to direct the Secretary of Interior to cooperate with the States of New York and New Jersey on a program to develop, preserve, and restore the resources of the Hudson River and its shores and to authorize certain necessary steps to be taken to protect those resources from adverse Federal actions until the States and Congress shall have had an opportunity to act on that program”, approved September 26, 1966 (80 Stat. 848), is 88 Stat. 1969amended by striking out the second, third, and fourth sentences and inserting in lieu thereof “The Secretary of the Interior shall serve as the representative of the United States in such negotiations and shall consult, with the heads of other Federal agencies concerned.”, thereby

Annual report to the President and Congress, elimination.

 eliminating the annual report by the Secretary to the President, and transmitted by the President to the Congress, relating to a program to develop, preserve, and restore the resources of the Hudson River, as required by such section. (11) The Act entitled “An Act to provide for the protection and

Annual report to Congress, elimination.

 preservation of the Antietam Battlefield in the State of Maryland”, approved April 22, 1960 (74 Stat. 80; 16 U.S.C. 430oo), is amended by striking out the last sentence thereof, thereby eliminating the annual report to the Congress by the Secretary on acquisitions of land and interests in land, or agreements entered into with respect to land, necessary to preserve, protect, and improve Antietam Battlefield, Maryland. (12) Section 3 of the Act entitled “An Act to provide for the establishment

Repeal.

 and operation of a research laboratory in the North Dakota lignite-consuming region for investigation of the mining, preparation, and utilization of lignite, for the development of new uses and markets, for improvement of health and safety in mining; and for a comprehensive study of the possibilities for increased utilization of the lignite resources of the region to aid in the solution of its economic problems and to make its natural and human resources of maximum usefulness in the reconversion period and time of peace”, approved March 25, 1948 (62 Stat. 85; 30 U.S.C. 408), is repealed, thereby eliminating the annual report to the Congress by the Secretary, acting through tire Bureau of Mines, on the activities of, expenditures by, and donations to, the research laboratory in the lignite-consuming region of North Dakota. (13) Section 5 of the Act entitled “An Act to provide a program

Repeal.

 for the discovery of the mineral reserves of the United States, its territories, and possessions by encouraging exploration for minerals, and for other purposes”, approved August 21, 1958 (72 Stat. 701; 79 Stat. 1312; 30 U.S.C. 645), is repealed, thereby eliminating the annual report to the Congress by the Secretary on the operations of programs to stimulate exploration for minerals within the United States, its territories and possessions together with his recommendations regarding the need for such programs. (14) Section 19 of the Organic Act of Guam (64 Stat. 389; 82 Stat. 847; 48 U.S.C. 1423i) is amended in the last sentence thereof by striking out “Act and by him to the Congress of the United States, which” and inserting in lieu thereof “Act, The Congress of the United States”, thereby eliminating the reports to the Congress by the Secretary

Reports to Congress, elimination.

 of all laws passed by the Legislature of Guam as reported to the Secretary by the Governor of Guam. (15) Section 24 of the Act entitled “An Act to provide for the partition and distribution of the assets of the Ute Indian Tribe of the Uintah and Ouray Reservation in Utah between the mixed-blood and full-blood members thereof; and for the termination of Federal supervision over the property of the mixed-blood members of said tribe; to provide a development program for the full-blood members of said tribe; and for other purposes”, approved August 27, 1954 (68 Stat. 877; 25 U.S.C. 677w), is amended by striking out the last sentence thereof, thereby eliminating the annual progress report, through the

Annual progress reports, elimination.

 Secretary, by the tribal business committee, representing the full-blood group of the Ute Indian Tribe of the Uintah and Ouray Reservation in Utah, of its activities and the expenditures authorized under such Act. 88 Stat. 1970

Repeal.

(16) Section 3 of the Act entitled “An Act to establish a revolving fund from which the Secretary of the Interior may make loans to finance the procurement of expert assistance by Indian tribes in cases before the Indian Claims Commission”, approved November 4, 1963 (77 Stat. 301; 25 U.S.C. 70n–3), is repealed, thereby eliminating the report to the Committees on Interior and Insular Affairs of the Senate and House of Representatives, on every loan made under such Act.

Submission to Congress of grants and contracts, elimination,

(17) Section 200 of the Water Resources Research Act of 1964 (80 Stat. 130; 42 U.S.C. 1961b) is amended by striking out “(a)” immediately after “Sec. 200.” and by striking out subsection (b) thereof, thereby eliminating the requirement of the submission to the President of the Senate and the Speaker of the House of Representatives of a copy of each grant, contract, and matching or other arrangement, sixty days prior to the award of any such grant, contract, or other arrangement under subsection (a) of such section.

Reports to Congress, elimination.

(18) Section 8 of the Reclamation Project Act of 1939 (53 Stat. 1193; 43 U.S.C. 485g) is amended by striking out subsection (f) and redesignating subsections (g), (h), and (i) as subsections (f), (g), and (h), respectively, thereby eliminating the report to Congress by the Secretary, from time to time, on classifications and reclassifications of reclamation project lands. (19) Section 9(e) of the Boulder City Act of 1958 (72 Stat. 1734) is amended by striking out “and shall report his findings and recommendations to the Congress as soon thereafter as practicable,” and inserting in lieu thereof a period, thereby eliminating the report to the Congress by the Secretary, at the end of each five-year period after incorporation of Boulder City concerning the need for assistance to the municipality for its water supply. reports under the department of transportation

Semiannual report to congressional committees, elimination.

(20) Section 302(c) of the Federal Aviation Act of 1958 (72 Stat. 745; 49 U.S.C. 1343(a)) is amended by striking out paragraph (3) thereof, thereby eliminating the semiannual report to appropriate committees of the Congress by the Secretary on agreements providing for the detail of members of the armed services to the Federal Aviation Administration.

Biennial authorization requests, elimination.

49 USC 1603.

(21) Section 4(d) of the Urban Mass Transportation Act of 1964 (84 Stat. 965; U.S.C. 1603(d)) is amended by striking out the second sentence and all that follows to the end of the subsection, thereby eliminating the biennial authorization requests under such section to the Congress by the Secretary together with his recommendations regarding adjustments in the schedule for liquidation of obligations. reports under the atomic energy commission

Repeal.

(22) Section 102 of the Atomic Energy Community Act of 1955 (69 Stat. 483; 42 U.S.C. 2314) is repealed, thereby eliminating the triennial report to the Joint Committee on Atomic Energy by the Commission on a full review of its activities under such Act. reports under the office of economic opportunity

Annual report, elimination.

(23) Section 610–1 of the Economic Opportunity Act of 1964 (80 Stat. 1470; 42 U.S.C. 2951) is amended by striking out subsection (b), and by redesignating subsection (c) as subsection (b), thereby eliminating the annual report to the Congress submitted by the Director through the President concerning officers or employees whose compensation is subject to the limitation set forth in subsection (a) of 88 Stat. 1971such Act and who were receiving at the end of the fiscal year a salary of $10,000 or more per year.
Sec. 2. The frequency of submission of certain reports to the Congress

Modifications.

 or other Government authorities is modified as follows: (1) Section 10 of the Export Administration Act of 1909 (83 Stat.

Semiannual report to President and Congress.

 846; 50 U.S.C. App. 2409) is amended by striking out “quarterly report, within 45 days after each quarter,” and inserting in lieu thereof “semiannual report”, thereby changing the frequency of submission of the report to the President and Congress by the Secretary of Commerce of his operations under such Act. (2) Section 2455 of title 10, United States Code, is amended in subsections

Annual report to congressional committees.

 (a) and (b) thereof by striking out “and July 31”, by striking out “six-month period”, and inserting in lieu thereof “yearly period”, by striking out “June 30 or”, and by striking out “, whichever was later.” and inserting in lieu thereof a period, thereby changing the requirements under such section of a semiannual to an annual submission to the Committees on Armed Services of the Senate and the House of Representatives by the Secretary of Defense of a progress report on the cataloging program and a report on the progress of the standardization program. (3) The report on contributions to the States for civil defense

50 USC app. 2281 note.

 purposes required of the Secretary of Defense as a result of section 1 of the Reorganization Plan Numbered 1 of 1958 (72 Stat. 1799)

5 USC app.

50 USC app. 2271 note.

 and section 1 of Executive Order Number 10952 (26 F.R. 6577), pursuant to section 201 (i) of the Federal Civil Defense Act of 1950 (64 Stat. 1251), shall be submitted to Congress annually, in lieu of

Annual report to Congress.

 quarterly as previously required by such section 201 (i). (4) Section 409 of the Act entitled “An Act to authorize appropriations during the fiscal year 1970 for procurement of aircraft, missiles, naval vessels, and tracked combat vehicles, and research, development, test, and evaluation for the Armed Forces, and to authorize the construction of test facilities at Kwajalein Missile Range, and to prescribe the authorized personnel strength of the Selected Reserve of each reserve component of the Armed Forces, and for other purposes”, approved November 19, 1969 (83 Stat. 209; 50 U.S.C. 1511) is amended by striking out the first sentence thereof and inserting in lieu thereof “The Secretary of Defense shall submit an annual

Annual report to Congress.

 report to Congress on or before January 31 setting forth the amounts spent during the preceding year for research, development, test, and evaluation of all lethal and nonlethal chemical and biological agents.”, thereby changing the requirement for submission of the report under such section from semiannual to annual. (5) Section 1120(b) of the Social Security Act (81 Stat. 920; 42 U.S.C. 1320(b)) is amended by striking out all that follows “(b)” and inserting in lieu thereof “The Secretary shall submit an

Annual report to Congress.

 annual report to Congress setting forth a description of each project approved under subsection (a) during the year preceding such report, including a statement of the purpose, probable cost, and expected duration of each such project.”, thereby changing the requirement of submission of such report from as soon as possible after the approval of any project to an annual submission to the Congress by the Secretary of the Department of Health, Education, and Welfare on each project approved under subsection (a) of such section. (6) Section 2 of the Act entitled “An Act to extend certain authority of the Secretary of the Interior exercised through the Geological Survey of the Department of the Interior, to areas outside the national domain”, approved September 5, 1962 (76 Stat. 427; 43 U.S.C. 31 (c)), is amended by striking out “and July 31”, by striking out “six months” and inserting in lieu thereof “year”, and by striking out 88 Stat. 1972

Annual report to Congress.

“and June 30”, thereby changing the requirement under such section from a semiannual to an annual submission to the Speaker of the House of Representatives and the President of the Senate, by the Secretary of the Interior, of a report on all actions taken pursuant to such Act.
Sec. 3. To modify substantive aspects of certain requirements to report to Congress or other Government authority, the following provisions of law are hereby amended as follows: (1) Section 705(e) of the Civil Rights Act of 1964 (78 Stat. 258; 42 U.S.C. 2000e–1(d)) is hereby amended to read as follows:

Report to Congress and the President.

“(e) The Commission shall at the close of each fiscal year report to the Congress and to the President concerning the action it has taken and the moneys it has disbursed. It shall make such further reports on the cause of and means of eliminating discrimination and such recommendations for further legislation as may appear desirable.” (2) Section 8 of the Fair Packaging and Labeling Act (80 Stat. 1300; 15 U.S.C. 1457) is hereby amended to read as follows:
“Sec. 8.

Annual reports to Congress.

 Each officer or agency required or authorized by this Act to promulgate regulations for the packaging or labeling of any consumer commodity, or to participate in the development of voluntary product standards with respect to any consumer commodity under

15 USC 1454.

procedures referred to in section 5(d) of this Act, shall transmit to the Congress each year a report containing a full and complete description of the activities of that officer or agency for the administration and enforcement of this Act during the preceding fiscal year. All agencies except the Federal Trade Commission shall submit their report in January of each year. The Federal Trade Commission shall include this report in the Commission’s annual report to Congress.”.

Reports to Congress and the President.

(3) Section 3(c) of the National Labor Relations Act (49 Stat. 451; 29IT.S.C. 153(c)) is hereby amended to read as follows: “(c) The Board shall at the close of each fiscal year make a report in writing to Congress and to the President stating in detail the cases it has heard, the decisions it has rendered, and an account of all moneys it has disbursed.” (4) Subsection (a) of section 10 of the Small Business Act (75 Stat. 666; 15 U.S.C. 639(a)) is amended by striking out “calendar” in the first and second sentences and inserting in lieu thereof “fiscal”, and by striking out the comma after “involved” in the fourth sentence and all that follows to the end of the subsection and inserting in lieu thereof a period. (5) Subsection (b) of section 10 of the Small Business Act (75 Stat. 666; 15 U.S.C. 639(b)) is amended by striking out “on December 31 of each year” and inserting in lieu thereof “as soon as practicable each fiscal year”.
Approved January 2, 1975.
Public Law 93–609: To extend until January 31, 1976 the authority of the National Commission for the Review of Federal and State Laws on Wiretapping and Electronic Surveillance, for other purposes. Public Law609 Public Law 93–609 88 Stat. 1972 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–609
AN ACT To extend until January 31, 1976 the authority of the National Commission for the Review of Federal and State Laws on Wiretapping and Electronic Surveillance, for other purposes.

January 2, 1975

[H. R. 15173]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Omnibus Crime Control and Safe Streets Act of 1968, amendments.
That section 804(11) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (82 Stat. 197; 18 U.S.C. 2510 note), is further amended by striking out “within the two-year period following the effective date of this subsection.” and inserting in lieu thereof “on or before January 31, 1976.”.
88 Stat. 1973
Sec. 2. Section 804(g) of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding at the end thereof the

18 USC 2510 note.

 following new paragraph: “(5) Whenever the Commission or any subcommittee determines by majority vote to meet in a closed session, sections 10(a) (1) and (3) and 10(b) of the Federal Advisory Committee Act (86 Stat. 770; 5 U.S.C. Appendix) shall not apply with respect to such meeting, and section 552 of title 5, United States Code, shall not apply to the records, reports, and transcripts of any such meeting.”.
Sec. 3. The first sentence of paragraph (1) of section 804(g) of the Omnibus Crime. Control and Safe Streets Act of 1968 is amended by striking out “The Commission or any duly authorized subcommittee” and inserting in lieu thereof: “Notwithstanding section 2515 of title 18, United States Code, the Commission or any duly authorized subcommittee”.
Sec. 4. For purposes of section 108 of title. 1, United States Code,

18 USC 2510 note.

84 Stat. 1892.

 section 20(c) of the Omnibus Crime Control Act of 1970 shall be deemed to provide expressly for the revival of section 804 of the Omnibus Crime Control and Safe Streets Act of 1968.
Approved January 2, 1975.
Public Law 93–610: To expand the authority of the Canal Zone Government to settle claims not cognizable under the Tort Claims Act. Public Law610 Public Law 93–610 88 Stat. 1973 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–610
AN ACT To expand the authority of the Canal Zone Government to settle claims not cognizable under the Tort Claims Act.

January 2, 1975

[H. R. 15229]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the title of

Canal Zone Government.

Claims settlement.

 section 271 in the list of sections of chapter 11, title 2, Canal Zone Code, is amended to read as follows: “271.
Sec. 2. Section 271 of title 2, Canal Zone Code (76A Stat. 22), is amended to read as follows:
“§ 271. Claims arising from civil government “(a) The Governor, or his designee, may adjust and pay claims for injury to, or loss of, property or personal injury or death arising from the activities of the Canal Zone Government. “(b) An award made to a claimant pursuant to this section shall be payable out of any moneys appropriated for or made available to the Canal Zone Government. The acceptance by the claimant of the award shall be final and conclusive on the claimant, and shall constitute a complete release by him of his claim against the United States and against any employee of the United States acting in the course of his employment who is involved in the matter giving rise to the claim, except that the Governor may make an interim partial award for humanitarian or compassionate reasons in a sum not exceeding $1,000. “(c) This section does not apply to tort claims cognizable under section 1346(b) or 2672 of title 28, United States Code.”
Approved January 2, 1975.
Public Law 93–611: To amend the Solid Waste Disposal Act to authorize appropriations for fiscal year 1975. Public Law611 Public Law 93–611 88 Stat. 1974 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 1974 Public Law 93–611
AN ACT To amend the Solid Waste Disposal Act to authorize appropriations for fiscal year 1975.

January 2, 1975

[H. R. 16045]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Solid Waste Disposal Act, appropriations.

42 USC 3259.
That paragraph (2) of subsection (a) of section 216 of the Solid Waste Disposal Act, as amended (87 Stat. 11), is amended by striking “and not to exceed $76,000,000 for the fiscal year ending June 30, 1974.” and inserting in lieu thereof “, not to exceed $76,000,000 for the fiscal year ending June 30, 1974, and not to exceed $76,000,000 for the fiscal year ending June 30, 1975.”.
Approved January 2, 1975.
Public Law 93–612: To amend the Coastal Zone Management Act of 1972, to provide more flexibility in the allocation of administrative grants to coastal States, and for other purposes. Public Law612 Public Law 93–612 88 Stat. 1974 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–612
AN ACT To amend the Coastal Zone Management Act of 1972, to provide more flexibility in the allocation of administrative grants to coastal States, and for other purposes.

January 2, 1975

[H. R. 16215]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Coastal States.

Administrative grants.
That the Coastal Zone. Management Act of 1972 (86 Stat. 1280) is amended us follows:

16 USC 1451 note.

16 USC 1454.

(1) Subsection (e) of section 305 is amended by changing the period at the end of the subsection to a colon and by adding immediately thereafter the following; “And provided further, That the Secretary shall waive, the application of the 1 per centum minimum requirement as to any grant under this section, when the coastal State involved requests such a waiver.”.

16 USC 1455.

(2) Subsection (b) of section 306 is amended by deleting all after “relevant factors:”, and by inserting in lieu thereof “Provided further, That no annual grant made under this section shall be in excess of $2,000,000 for fiscal year 1975, in excess of $2,500,000 for fiscal year 1976, nor in excess of $3,000,000 for fiscal year 1977: Provided further, That no annual grant made under this section shall be less than 1 per centum of the total am omit appropriated to carry out the purposes of this section: And provided further, That the Secretary shall waive the application of the 1 per centum minimum requirement as to any grant under this section, when the coastal State involved requests such a waiver.”.

Appropriation.

16 USC 1464.

(3) Subsection (a) of section 315 is amended— (A) by amending item (1) to read as follows: “(1) the sum of $9,000,000 for each of the fiscal years ending June 30, 1973, and June 30, 1974, and the sum of 512,000,000 for each of the three succeeding fiscal years, for grants under section 305, to remain available until expended;” and (B) by inserting, in item (3), after “fiscal year ending June 30, 1974,” the following: “and for each of the three succeeding fiscal years.”.
Approved January 2, 1975.
Public Law 93–613: To establish a working capital fluid in the Department of Justice. Public Law613 Public Law 93–613 88 Stat. 1975 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 1975 Public Law 93–613
AN ACT To establish a working capital fluid in the Department of Justice.

January 2, 1975

[H. R. 17010]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That chapter 31

Department of Justice.

Working capital fund, establishment.

 of title 28, United States Code, is amended by inserting the following new section at the end thereof:
Ҥ 527. Establishment of working capital fund

28 USC 527.

 “There is hereby authorized to be established a working capital fund for the Department of Justice, which shall be available, without fiscal year limitation, for expenses and equipment necessary for maintenance and operations of such administrative services as the Attorney Genera], with the approval of the Office of Management and Budget, determines may be performed more advantageously as central services. The capital of the fund shall consist of the amount of the fair and reasonable value of such inventories, equipment, and other assets and inventories on order pertaining to the services to be carried on by the fund as the Attorney General may transfer to the fund less related liabilities and unpaid obligations together with any appropriations made for the purpose of providing capital. The fund shall be reimbursed or credited with advance payments from applicable appropriations and funds of the Department of Justice, other Federal agencies, and other sources authorized by law for supplies, materials, and services at rates which will recover the expenses of operations including accrual of annual leave and depreciation of plant and equipment of the fund. The fund shall also be credited with other receipts from sale or exchange of property or in payment for loss or damage to property held by the fund. There shall be transferred into the Treasury as miscellaneous receipts, as of the close of each fiscal year, any net income after making provisions for prior year losses, if any.
(2) The section analysis of chapter 31 of title 28, United States Code, is amended by inserting the following item at the end thereof: “527.
Approved January 2, 1975.
Public Law 93–614: To provide a People’s Counsel for the Public Service Commission in the District of Columbia, and for other purposes. Public Law614 Public Law 93–614 88 Stat. 1975 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–614
AN ACT To provide a People’s Counsel for the Public Service Commission in the District of Columbia, and for other purposes.

January 2, 1975

[H. R. 17450]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) there is

D.C.

Office of the People’s Counsel, establishment.

D.C. Code 43–205.

 hereby established within the Public Service Com mission or the District of Columbia, established by section 8 of the Act of March 4, 1913, as amended (D.C. Code, see. 43–201), an office to be known as the “Office of the People’s Counsel”. (b) There shall be at the head of such office the People’s Counsel

Membership,

 who shall be appointed by the Commissioner of the District of Columbia, by and with the advice and consent, of the District of Columbia Council, and who shall serve for a term of three years. Appointments to the position of People’s Counsel shall be made without regard to the provisions of title 5 of the United States Code, governing appointments in the competitive service. The People’s Counsel shall be entitled 88 Stat. 1976to receive compensation at the maximum rate as may be established from time to time for GS–16 of the General Schedule under section

5 USC 5332 note.

5332 of title 5 of the United States Code. No person shall be appointed to the position of People’s Counsel unless that person is admitted to practice before the District of Columbia Court of Appeals. Before entering upon the duties of such office, the People’s Counsel shall take and subscribe the same oaths as that required by the Commissioners of the Commission, including an oath or affirmation before the Clerk of the Superior Court of the District of Columbia that he is not percuniarily interested, voluntarily or involuntarily, directly or indirectly, in any public utility in the District of Columbia.

Compensation.

(c) The People’s Counsel is authorized to employ and fix the compensation of such employees, including attorneys, as are necessary to perform the functions vested in him by this Act, and prescribe their authority and duties.

Duties.

(d) The People’s Counsel— (1) shall represent and appeal for the people of the District of Columbia at hearings of the Commission and in judicial proceedings involving the interests of users of the products of or services furnished by public utilities under the jurisdiction of the Commission; (2) may represent and appear for petitioners appearing before the Commission for the purpose of complaining in matters of rates or services; (3) may investigate the services given by, the rates charged by, and the valuation of the properties of, the public utilities under the jurisdiction of the Commission; and (4) is authorized to develop means to otherwise assure that the interests of users of the products of or services furnished by public utilities under the jurisdiction of the Commission are adequately represented in the course of proceedings before the Commission, including public information dissemination, consultative services, and technical assistance.
Sec. 2. Paragraph 42 of section 8 of the Act of March 4, 1913 (making appropriations for the government of the District of Columbia) (D.C. Code, sec. 43–412), is amended as follows:

Expenses.

(a) The first sentence of such paragraph 42 is amended to read as follows: “The expenses, including the expenses of the Office of the People’s Counsel, of any investigation, valuation, revaluation, or proceeding of any nature by the Public Service Commission of or concerning any public utility operating in the District of Columbia, and all expenses of any litigation, including appeals, arising from any such investigation, valuation, revaluation, or proceeding, or from any order or action of the Commission, shall be borne by the public utility investigated, valued, revalued, or otherwise affected as a special franchise tax in addition to all other taxes imposed by law, and such expenses with interest at 6 per centum per annum may be charged to operating expenses and amortized over such period as the Commission shall deem proper and be allowed for in the rates to be charged by such utility.”. (b) The second sentence of such paragraph 42 is amended by inserting “; or certified by the People’s Counsel with respect to his expenses” immediately before the period at the end of that sentence. (c) The third sentence of such paragraph 42 is amended by inserting “and the People’s Counsel, combined” immediately after “Commission”.
88 Stat. 1977
Sec. 3. For the fiscal year ending June 30, 1975, there is authorized

Appropriation.

D.C. Code 43–205a.

 to be appropriated such sum, not to exceed $50,000, as may be necessary to carry out the purposes of this Act. For the fiscal year ending June 30, 1976, and each fiscal year thereafter, there are authorized to be appropriated such sums, not to exceed $100,000 in any one fiscal year, as may be necessary to carry out the purposes of this Act.
Approved January 2, 1975.
Public Law 93–615: To amend the Act of May 13, 1954, relating to the Saint Lawrence Seaway Development Corporation to provide for a seven-year term of office for the Administrator, and for other purposes. Public Law615 Public Law 93–615 88 Stat. 1977 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–615
AN ACT To amend the Act of May 13, 1954, relating to the Saint Lawrence Seaway Development Corporation to provide for a seven-year term of office for the Administrator, and for other purposes.

January 2, 1975

[H. R. 17558]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) subsections

Saint Lawrence Seaway Development Corporation.

Administrator, term of office.

 (a) and (b) of section 2 of the Act of May 13, 1951, referred to as the Saint Lawrence Seaway Act (33 U.S.C. 982), are amended to read as follows:
“management of corporation “Sec. 2. (a) The management of the corporation shall be vested in an Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, for a term of seven years. Any Administrator appointed to fill a vacancy in that position prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term.”.
(b) Subsection (c) of section 2 of such Act of May 13, 1954, is relettered as subsection (b), including any references thereto.
Sec. 2. The amendments made to section 2 of the Act of May 13,

Effective date.

33 USC 982 note.

 1954, by the first section of this Act shall (1) take effect upon the first appointment of an Administrator of the Saint Lawrence Seaway Development Corporation which is made after the date of enactment of this Act, and (2) be applicable to such first appointment and to each subsequent appointment to such position.
Approved January 2, 1975.
Public Law 93–616: To designate a national laboratory as the “Holifield National Laboratory“. Public Law616 Public Law 93–616 88 Stat. 1977 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–616
AN ACT To designate a national laboratory as the “Holifield National Laboratory“.

January 2, 1975

[H. R. 17628]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Oak Ridge National Laboratory at Oak Ridge,

Oak Ridge National Laboratory, Tenn.

Name change.

 Tennessee, shall hereafter be known and designated as the “Holifield National Laboratory”. Any reference in any law, map, regulation, document, record, or other paper of the United States to the Oak Ridge National Laboratory shall be held to be reference to the Holifield National Laboratory.
Approved January 2, 1975.
Public Law 93–617: To extend for two years the authorisations for the striking of medals in commemoration of the one hundredth anniversary of the cable car in San Francisco and in commemoration of Jim Thorpe, and for other purposes. Public Law617 Public Law 93–617 88 Stat. 1978 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 1978 Public Law 93–617
AN ACT To extend for two years the authorisations for the striking of medals in commemoration of the one hundredth anniversary of the cable car in San Francisco and in commemoration of Jim Thorpe, and for other purposes.

January 2, 1975

[H. R. 17655]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Commemorative medals.
That the second sentence of the first section of the Act entitled, “An Act to authorize the striking of medals in commemoration of the one hundredth anniversary of the cable car in San Francisco” (Public Law 93–114),

87 Stat. 417.

approved October 1, 1973, is amended by striking out “December 31, 1974” and inserting in lieu thereof “December 31, 1976”.
Sec. 2. Section 4 of the Act entitled “An Act to provide for the striking of medals in commemoration of Jim Thorpe” (Public Law

87 Stat. 461.

93–132), approved October 19, 1973, is amended by striking out “December 31, 1974” and inserting in lieu thereof “December 31, 1976”.
Sec. 3. The last sentence of the first section of the Act entitled “An Act to provide for the striking of medals commemorating the International Exposition on Environment at Spokane, Washington,

87 Stat. 913.

in 1974”, approved December 29, 1973 (Public Law 93–221), is amended by striking out “December 31, 1974” and inserting in lieu thereof “March 31, 1975”.
Sec. 4.

Gold use, restriction.

86 Stat. 37.

 (a) Except with respect to medals in commemoration of the bicentennial of the American Revolution authorized to be struck by Public Law 92–228 (approved February 15, 1972), no national medals made for public sale under authority of any law of the United States shall contain any gold without the express, prior approval, by law, of the Congress of the United States.

Penalty.

(b) Any person who violates this section shall be fined not more than $10,000 or imprisoned for not more than one year, or both.
Approved January 2, 1975.
Public Law 93–618: To promote the development of an open, nondiscriminatory, and fair world economic system, to stimulate fair and free competition between the United States and foreign nations, to foster the economic growth of, and full employment in, the United States, and for other purposes. Public Law618 Public Law 93–618 88 Stat. 1978 1975-01-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–618
AN ACT To promote the development of an open, nondiscriminatory, and fair world economic system, to stimulate fair and free competition between the United States and foreign nations, to foster the economic growth of, and full employment in, the United States, and for other purposes.

January 3, 1975

[H. R. 10710]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Trade Act of 1974.

19 USC 2101.
That this Act, with the following table of contents, may be cited as the “Trade Act of 1974”. TABLE OF CONTENTS TITLE I— Chapter 1— Sec. 101. Sec. 102. Sec. 103. Sec. 104. Sec. 105. Sec. 100. Sec. 107. Sec. 108. Sec. 109. 88 Stat. 1979 Chapter 2— Sec. 121. Sec. 122. Sec. 123. Sec. 124. Sec. 125. Sec. 126. Sec. 127. Chapter 3— Sec. 131. Sec. 132. Sec. 133. Sec. 134. Sec. 135. Chapter 4— Sec. 141. Chapter 5— Sec. 151. Sec. 152. Sec. 153. Sec. 154. Chapter 6— Sec. 161. Sec. 162. Sec. 163. Chapter 7— Sec. 171. Sec. 172. Sec. 173. Sec. 174. Sec. 175. TITLE II— Chapter 1— Sec. 201. Sec. 202. Sec. 203. Chapter 2— Subchapter A— Sec. 221. Sec. 222. Sec. 223. Sec. 224. Subchapter B— part i— Sec. 231. Sec. 232. Sec. 233. Sec. 234. 88 Stat. 1980 part ii— Sec. 235. Sec. 236. part iii— Sec. 237. Sec. 238. Subchapter C— Sec. 239. Sec. 240. Sec. 241. Sec. 242. Sec. 243. Sec. 244. Sec. 245. Sec. 246. Sec. 247. Sec. 248. Sec. 249. Sec. 250. Chapter 3— Sec. 251. Sec. 252. Sec. 253. Sec. 254. Sec. 255. Sec. 256. Sec. 257. Sec. 258. Sec. 259. Sec. 260. Sec. 261. Sec. 262. Sec. 263. Sec. 264. Chapter 4— Sec. 271. Sec. 272. Sec. 273. Sec. 274. Chapter 5— Sec. 280. Sec. 281. Sec. 282. Sec. 283. Sec. 284. TITLE III— Chapter 1— Sec. 301. Sec. 302. Chapter 2— Sec. 321. Chapter 3— Sec. 331. 88 Stat. 1981 Chapter 4— Sec. 341. TITLE IV— Sec. 401. Sec. 402. Sec. 403. Sec. 404. Sec. 405. Sec. 406. Sec. 407. Sec. 408. Sec. 409. Sec. 410. Sec. 411. TITLE V— Sec. 501. Sec. 502. Sec. 503. Sec. 504. Sec. 505. TITLE VI— Sec. 601. Sec. 602. Sec. 603. Sec. 604. Sec. 005. Sec. 606. Sec. 607. Sec. 608. Sec. 809. Sec. 610. Sec. 611. Sec. 612. Sec. 613.
SEC. 2. STATEMENT OF PURPOSES.

19 USC 2102.

 The purposes of this Act are, through trade agreements affording mutual benefits— (1) to foster the economic growth of and full employment in the United States and to strengthen economic relations between the United States and foreign countries through open and non discriminatory world trade; (2) to harmonize, reduce, and eliminate barriers to trade on a basis which assures substantially equivalent competitive opportunities for the commerce of the United States; (3) to establish fairness and equity in international trading relations, including reform of the General Agreement on Tariffs and Trade; (4) to provide adequate procedures to safeguard American industry and labor against unfair or injurious import competition, and to assist industries, firm, workers, and communities to adjust to changes in international trade flows; (5) to open up market opportunities for United States commerce in nonmarket economies; and (6) to provide fair and reasonable access to products of less developed countries in the United States market.
88 Stat. 1982 <num value="I">TITLE I—</num> <heading class="centered">NEGOTIATING AND OTHER AUTHORITY</heading> <chapter> <num value="1">CHAPTER 1—</num> <heading class="centered">RATES OF DUTY AND OTHER TRADE BARRIERS</heading> <section class="fontsize10"> <num value="101"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2111">19 USC 2111.</ref></p></sidenote>SEC. 101. </num> <heading>BASIC AUTHORITY FOR TRADE AGREEMENTS.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <chapeau class="inline">Whenever the President determines that any existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that the purposes of this Act will be promoted thereby, the President—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">during the 5-year period beginning on the date of the enactment of this Act, may enter into trade agreements with foreign countries or instrumentalities thereof; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">may proclaim such modification or continuance of any existing duty, such continuance of existing duty-free or excise treatment, or such additional duties, as be determines to be required or appropriate to carry out any such trade agreement.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Except as provided in paragraph (2), no proclamation pursuant to subsection (a) (2) shall be made decreasing a rate of duty to a rate below 40 percent of the rate existing on January 1, 1975.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Paragraph (1) shall not apply in the case of any article for which the rate of duty existing on January 1, 1975, is not more than 5 percent ad valorem.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <chapeau class="inline">No proclamation shall be made pursuant to subsection (a) (2) increasing any rate of duty to, or imposing a rate above, the higher of the following:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the rate which is 50 percent above the rate set forth in rate column numbered 2 of the Tariff Schedules of the United States <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1202">19 USC 1202.</ref></p></sidenote>as in effect on January 1, 1975, or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the rate which is 20 percent ad valorem above the rate existing on January 1, 1975.</content> </paragraph> </subsection> </section> <section class="fontsize10"> <num value="102"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2112">19 USC 2112.</ref></p></sidenote>SEC. 102. </num> <heading>NONTARIFF BARRIERS TO AND OTHER DISTORTIONS OF TRADE.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">The Congress finds that barriers to (and other distortions of) international trade are reducing the growth of foreign markets for the products of United States agriculture, industry, mining, and commerce, diminishing the intended mutual benefits of reciprocal trade concessions, adversely affecting the United States economy, preventing fair and equitable access to supplies, and preventing the development of open and nondiscriminatory trade among nations. The President is urged to take all appropriate and feasible steps within his power (including the full exercise of the rights of the. United States under international agreements) to harmonize, reduce, or eliminate such barriers to (and other distortions of) international trade. The President is further urged to utilize the authority granted by subsection (b) to negotiate trade agreements with other countries and instrumentalities providing on a basis of mutuality for the harmonization, reduction, or elimination of such barriers to (and other distortions of) international trade. Nothing in this subsection shall be construed as prior approval of any legislation which may be necessary to implement an agreement concerning barriers to (or other distortions of) international trade.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Whenever the President determines that any barriers to (or other distortions of) international trade of any foreign country or the United States unduly burden and restrict the foreign trade of the <page identifier="/us/stat/88/1983">88 <inline class="smallCaps">Stat</inline>. 1983</page>United States or adversely affect the United States economy, or that the imposition of such barriers is likely to result in such a burden, restriction, or effect, and that the purposes of this Act will be promoted thereby, the President, during the 5-year period beginning on<sidenote><p class="firstIndent1 fontsize8">Trade agreements with foreign countries.</p></sidenote> the date of the enactment of this Act, may enter into trade agreements with foreign countries or instrumentalities providing for the harmonization, reduction, or elimination of such barriers (or other distortions) or providing for the prohibition of or limitations on the imposition of such barriers (or other distortions).</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Before the President enters into any trade agreement under this<sidenote><p class="firstIndent1 fontsize8">Consultation with congressional committees.</p></sidenote> section providing for the harmonization, reduction, or elimination of a barrier to (or other distortion of) international trade, he shall consult with the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and with each committee of the House and the Senate and each joint committee of the Congress which has jurisdiction over legislation involving subject matters which would be affected by such trade agreement. Such consultation shall include all matters relating to the implementation of such trade agreement as provided in subsections (d) and (e). If it is proposed to implement such trade agreement, together with one or more other trade agreements entered into under this section, in a single implementing bill, such consultation shall include the desirability and feasibility of such proposed implementation.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">Whenever the President enters into a trade agreement under<sidenote><p class="firstIndent1 fontsize8">Agreement, bill draft, and statement, submittal to Congress.</p></sidenote> this section providing for the harmonization, reduction, or elimination of a banner to (or other distortion of) international trade, he shall submit such agreement, together with a draft of an implementing bill (described in section 151(b)) and a statement of any administrative action proposed to implement such agreement, to the Congress as provided in subsection (e), and such agreement shall enter into force with respect to the United States only if the provisions of subsection (e) are complied with and the implementing bill submitted by the President is enacted into law.</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <chapeau class="inline">Each trade agreement submitted to the Congress under this subsection<sidenote><p class="firstIndent1 fontsize8">Conditions.</p></sidenote> shall enter into force with respect to the United States if (and only if)—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the President, not less than 90 days before the day on which<sidenote><p class="firstIndent1 fontsize8">Notice to Congress; publication in Federal Register.</p></sidenote> he enters into such trade agreement, notifies the House of Representatives and the Senate of his intention to enter into such an agreement, and promptly thereafter publishes notice of such intention in the Federal Register;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">after entering into the agreement, the President transmits<sidenote><p class="firstIndent1 fontsize8">Copy, transmittal to Congress.</p></sidenote> a document to the House of Representatives and to the Senate containing a copy of such agreement together with—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">a draft of an implementing bill and a statement of any administrative action proposed to implement such agreement, and an explanation as to how the implementing bill and proposed administrative action change or affect existing law, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">a statement of his reasons as to how the agreement serves the interests of United States commerce and as to why the implementing bill and proposed administrative action is required or appropriate to carry out the agreement; and</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the implementing bill is enacted into law.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="f">(f) </num> <content class="inline">To insure that a foreign country or instrumentality which<sidenote><p class="firstIndent1 fontsize8">Recommendations to Congress.</p></sidenote> receives benefits under a trade agreement entered into under this section is subject to the obligations imposed by such agreement, the President may recommend to Congress in the implementing bill and statement of administrative action submitted with respect to such <page identifier="/us/stat/88/1984">88 <inline class="smallCaps">Stat</inline>. 1984</page>agreement that the benefits and obligations of such agreement apply solely to the parties to such agreement, if such application is consistent with the terms of such agreement. The President may also recommend with respect to any such agreement that the benefits and obligations of such agreement not apply uniformly to all parties to such agreement, if such application is consistent with the terms of such agreement.</content> </subsection> <subsection class="firstIndent1"> <num value="g"><sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote>(g) </num> <chapeau class="inline">For purposes of this section—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the term “barrier” includes the American selling price basis of customs evaluation as defined in section 402 or 402a of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1401a/s1402">19 USC 1401a, 1402.</ref></p></sidenote>the Tariff Act of 1930, as appropriate;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the term “distortion” includes a subsidy; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the term “international trade” includes trade in both goods and services.</content> </paragraph> </subsection> </section> <section class="fontsize10"> <num value="103"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2113">19 USC 2113.</ref></p></sidenote>SEC. 103. </num> <heading>OVERALL NEGOTIATING OBJECTIVE.</heading> <content>The overall United States negotiating objective under sections 101 and 102 shall be to obtain more open and equitable market access and the harmonization, reduction, or elimination of devices which distort trade or commerce. To the maximum extent feasible, the harmonization, reduction, or elimination of agricultural trade barriers and distortions shall be undertaken in conjunction with the harmonization, reduction, or elimination of industrial trade barriers and distortions.</content> </section> <section class="fontsize10"> <num value="104"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2114">19 USC 2114.</ref></p></sidenote>SEC. 104. </num> <heading>SECTOR NEGOTIATING OBJECTIVE.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">A principal United States negotiating objective under sections 101 and 102 shall be to obtain, to the maximum extent feasible, with respect to appropriate product sectors of manufacturing, and with respect to the agricultural sector, competitive opportunities for United States exports to the developed countries of the world equivalent to the competitive opportunities afforded in United States markets to the importation of like or similar products, taking into account all barriers (including tariff’s) to and other distortions of international trade affecting that sector.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">As a means of achieving the negotiating objective set forth in subsection (a), to the extent consistent with the objective of maximizing overall economic benefit to the United States (through maintaining and enlarging foreign markets for products of United States agriculture, industry, mining, and commerce, through the development of fair and equitable market opportunities, and through open and nondiscriminatory world trade), negotiations shall, to the extent feasible be conducted on the basis of appropriate product sectors of manufacturing.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">For the purposes of this section and section 135, the Special Representative for Trade Negotiations together with the Secretary of Commerce, Agriculture, or Labor, as appropriate, shall, after consultation with the Advisory Committee for Trade Negotiations established under section 135 and after consultation with interested private organizations, identify appropriate product sectors of manufacturing.</content> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8">Analysis, submittal to Congress</p></sidenote>(d) </num> <content class="inline">If the President determines that competitive opportunities in one or more product sectors will be significantly affected by a trade agreement concluded under section 101 or 102, he shall submit to the Congress with each such agreement an analysis of the extent to which the negotiating objective set forth in subsection (a) is achieved by such agreement in each product sector or product sectors.</content> </subsection> </section> <section class="fontsize10"> <num value="105"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2115">19 USC 2115.</ref></p></sidenote>SEC. 105. </num> <heading>BILATERAL TRADE AGREEMENTS.</heading> <content>If the President determines that bilateral trade agreements will more effectively promote the economic growth of, and full employment in the United States, then, in such cases, a negotiating objective under sections 101 and 102 shall be to enter into bilateral trade agreements. Each such trade agreement shall provide for mutually advantageous economic benefits.</content> </section> <page identifier="/us/stat/88/1985">88 <inline class="smallCaps">Stat</inline>. 1985</page> <section class="fontsize10"> <num value="106">SEC. 106. </num> <heading>AGREEMENTS WITH DEVELOPING COUNTRIES.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2116">19 USC 2116.</ref></p></sidenote> <content>A United States negotiating objective under sections 101 and 102 shall be to enter into trade agreements which promote the economic growth of both developing countries and the United States and the mutual expansion of market opportunities.</content> </section> <section class="fontsize10"> <num value="107">SEC. 107. </num> <heading>INTERNATIONAL SAFEGUARD PROCEDURES.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2117">19 USC 2117.</ref></p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">A principal United States negotiating objective under section 102 shall be to obtain internationally agreed upon rules and procedures, in the context of the harmonization, reduction, or elimination of barriers to, and other distortions of, international trade, which permit the use of temporary measures to ease, adjustment to changes occurring in competitive conditions in the domestic markets of the parties to an agreement resulting from such negotiations due to the expansion of international trade.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">Any agreement entered into under section 102 may include provisions establishing procedures for—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">notification of affected exporting countries,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">international consultations,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">international review of changes in trade flows,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">making adjustments in trade flows as the result of such changes, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <chapeau class="inline">international mediation.</chapeau> <chapeau class="fontsize10">Such agreements may also include provisions which—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">exclude, under specified conditions, the parties thereto from compensation obligations and retaliation, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">permit domestic public procedures through which interested parties have the right to participate.</content> </subparagraph> </paragraph> </subsection> </section> <section class="fontsize10"> <num value="108">SEC. 108. </num> <heading>ACCESS TO SUPPLIES.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2118">19 USC 2118.</ref></p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">A principal United States negotiating objective under section 102 shall be to enter into trade agreements with foreign countries and instrumentalities to assure the United States of fair and equitable access at reasonable prices to supplies of articles of commerce which are important to the economic requirements of the United States and for which the United States does not have, or cannot easily develop, the necessary domestic productive capacity to supply its own requirements.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">Any agreement entered into under section 102 may include provisions which—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">assure to the United States the continued availability of important articles at reasonable prices, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">provide reciprocal concessions or comparable trade obligations, or both, by the United States.</content> </paragraph> </subsection> </section> <section class="fontsize10"> <num value="109">SEC. 109. </num> <heading>STAGING REQUIREMENTS AND ROUNDING AUTHORITY.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2119">19 USC 2119.</ref></p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <chapeau class="inline">Except as otherwise provided in this section, the aggregate reduction in the rate of duty on any article which is in effect on any day pursuant to a trade agreement under section 101 shall not exceed the aggregate reduction which would have been in effect on such day if—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">a reduction of 3 percent ad valorem or a reduction of one-tenth of the total reduction, whichever is greater, had taken effect on the effective date of the first reduction proclaimed pursuant to section 101(a) (2) to carry out such agreement with respect to such article, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">a reduction equal to the amount applicable under paragraph (1) had taken effect at 1-year intervals after the effective date of such first reduction.</content> </paragraph> <continuation class="firstIndent1 fontsize10">This subsection shall not apply in any case where the total reduction in the rate of duty does not exceed 10 percent of the rate before the reduction.</continuation> </subsection> <page identifier="/us/stat/88/1986">88 <inline class="smallCaps">Stat</inline>. 1986</page> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">If the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed the limitation provided by section 101 (b) or subsection (a) of this section by not more than whichever of the following’ is lesser:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the difference between the limitation and the next lower whole number, or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">one-half of 1 percent ad valorem.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Duty rate reduction, effective date.</p></sidenote>(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">No reduction in the rate of duty on any article pursuant to a trade agreement under section 101 shall take effect more than 10 years after the effective date of the first reduction proclaimed to carry out such trade agreement with respect to such article.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">If any part of a reduction takes effect, then any time thereafter during which such part of the reduction is not in effect by reason of legislation of the United States or action thereunder, the effect of which is to maintain or increase the rate of duty on an article, shall be excluded in determining—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">the 1-year intervals referred to in subsection (a) (2), and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">the expiration of the 10-year period referred to in paragraph (1) of this subsection.</content> </subparagraph> </paragraph> </subsection> </section> </chapter> <chapter> <num value="2">CHAPTER 2—</num> <heading class="centered">OTHER AUTHORITY</heading> <section class="fontsize10"> <num value="121"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2131">19 USC 2131.</ref></p></sidenote>SEC. 121. </num> <heading>STEPS TO BE TAKEN TOWARD GATT REVISION; AUTHORIZATION OF APPROPRIATIONS FOR GATT.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <chapeau class="inline">The President shall, as soon as practicable, take such action as may be necessary to bring trade agreements heretofore entered into, and the application thereof, into conformity with principles promoting the development of an open, nondiscriminatory, and fair world economic system. The action and principles referred to in the preceding sentence include, but are not limited to, the following-</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the revision of decision making procedures in the General <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/ust/t8/s1767">8 UST 1767.</ref></p></sidenote>Agreement on Tariffs and Trade (hereinafter in this subsection referred to as “GATT”) to more nearly reflect the balance of economic interests,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/ust/t8/s1786">8 UST 1786.</ref></p></sidenote>(2) </num> <content class="inline">the revision of article XIX of the GATT into a truly international safeguard procedure which takes into account all forms of import restraints countries use in response to injurious competition or threat of such competition,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the extension of GATT articles to conditions of trade not presently covered in order to move toward more fair trade practices,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the adoption of international fair labor standards and of public petition and confrontation procedures in the GATT,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">the revision of GATT articles with respect to the treatment of border adjustments for internal taxes to redress the disadvantage to countries relying primarily on direct rather than indirect taxes for revenue needs,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">the revision of the balance-of-payments provision in the GATT articles so as to recognize import surcharges as the preferred means by which industrial countries may handle balance-of-payments deficits insofar as fin port restraint measures are required,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">the improvement and strengthening of the provisions of GATT and other international agreements governing access to supplies of food, raw materials, and manufactured or semi-manufactured products, including rules and procedures governing the imposition of export controls, the denial of fair and equitable access to such supplies, and effective consultative procedures on problems of supply shortages,</content> </paragraph> <page identifier="/us/stat/88/1987">88 <inline class="smallCaps">Stat</inline>. 1987</page> <paragraph class="indent1 fontsize10"> <num value="8">(8) </num> <content class="inline">the extension of the provisions of GATT or other international agreements to authorize multilateral procedures by contracting parties with respect to member or nonmember countries which deny fair and equitable access to supplies of food, raw materials, and manufactured or semi-manufactured products, and thereby substantially injure the international community,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">(9) </num> <content class="inline">any revisions necessary to establish procedures for regular consultation among countries and instrumentalities with respect to international trade and procedures to adjudicate commercial disputes among such Countries or instrumentalities,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">(10) </num> <content class="inline">any revisions necessary to apply the principles of reciprocity and nondiscrimination, including the elimination of special preferences and reverse preferences, to all aspects of international trade,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="11">(11) </num> <content class="inline">any revisions necessary to define the forms of subsidy to industries producing products for export and the forms of subsidy to attract foreign investment which are consistent with an open, nondiscriminatory, and fair system of international trade, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="12">(12) </num> <content class="inline">consistent with the provisions of section 107, any revisions<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1935.</p><p class="firstIndent1 fontsize8"><ref href="/us/ust/t8/s1767">8 UST 1767.</ref></p></sidenote> necessary to establish within the GATT an international agreements on articles (including footwear), including the creation of regular and institutionalized mechanisms for the settlement of disputes, and of a surveillance body to monitor all international shipments in such articles.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The President shall, to the extent feasible, enter into agreements with foreign countries or instrumentalities to establish the principles described in subsection (a) with respect to international trade between the United States and such countries or instrumentalities.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">If the President enters into a trade agreement which establishes<sidenote><p class="firstIndent1 fontsize8">Trade agreement establishing rules or procedures.</p></sidenote> rules or procedures, including those set forth in subsection (a), promoting the development of an open, nondiscriminatory, and lair world economic system and if the implementation of such agreement will change any provision of Federal law (including a material change in an administrative rule), such agreement shall take effect with respect to the United States only if the appropriate implementing legislation is enacted by the Congress unless implementation of such agreement is effected pursuant to authority delegated by Congress. Such trade agreement may be submitted to the Congress for approval<sidenote><p class="firstIndent1 fontsize8">Submittal to Congress.</p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 2001.</p></sidenote> in accordance with the procedures of section 151. Nothing in this section shall be construed as prior approval of any legislation necessary to implement a trade agreement entered into under this section.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">There are authorized to be appropriated annually such sums<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2132">19 USC 2132.</ref></p><p class="firstIndent1 fontsize8">Import restrictions.</p></sidenote> as may be necessary for the payment by the United States of its share of the expenses of the Contracting Parties to the General Agreement on Tariffs and Trade. This authorization does not imply approval or disapproval by the Congress of all articles of the General Agreement on Tariffs and Trade.</content> </subsection> </section> <section class="fontsize10"> <num value="122">SEC. 122. </num> <heading>BALANCE-OF-PAYMENTS AUTHORITY.</heading><sidenote><p class="firstIndent1 fontsize8">Import increases.</p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <chapeau class="inline">Whenever fundamental international payments problems require special import measures to restrict, imports—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">to deal with large and serious United States balance-of-payments deficits,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">to prevent an imminent and significant depreciation of the dollar m foreign exchange markets, or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline fontsize10">to cooperate with other countries in correcting an international balance-of-payments disequilibrium,</chapeau> <chapeau class="fontsize10">the President shall proclaim, for a period not exceeding 150 days (unless such period is extended by Act of Congress)—</chapeau> <page identifier="/us/stat/88/1988">88 <inline class="smallCaps">Stat</inline>. 1988</page> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">a temporary import surcharge, not to exceed 15 percent ad valorem, in the form of duties (in addition to those already imposed, if any) on articles imported into the United States;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">temporary limitations through the use of quotas on the importation of articles into the United States; or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">both a temporary import surcharge described in subparagraph (A) and temporary limitations described in subparagraph</content> </subparagraph> <continuation class="fontsize10">The authority delegated under subparagraph (B) (and so much of subparagraph (C) as relates to subparagraph (B)) may be exercised (i) only if international trade or monetary agreements to which the United States is a party permit the imposition of quotas as a balance-of-payments measure, and (ii) only to the extent that the fundamental imbalance cannot be dealt with effectively by a surcharge proclaimed pursuant to subparagraph (A) or (C). Any temporary import surcharge proclaimed pursuant to subparagraph (A) or (C) shall be treated as a regular customs duty.</continuation> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">If the President determines that the imposition of import restrictions under subsection (a) will be contrary to the national interest of the United States, then he may refrain from proclaiming such restrictions and he shall—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">immediately inform Congress of his determination, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">immediately convene the group of congressional official advisers designated under section 161(a) and consult with them as to the reasons for such determination.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Quantitative limitation requirements.</p></sidenote>(c) </num> <chapeau class="inline">Whenever the President determines that fundamental international payments problems require special import measures to increase imports—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">to deal with large and persistent United States balance-of-trade surpluses, as determined on the basis of the cost-insurance-freight value of imports, as reported by the Bureau of the Census, or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">to prevent significant appreciation of the dollar in foreign exchange markets.</chapeau> <chapeau class="fontsize10">the President is authorized to proclaim, for a period of 150 days (unless such period is extended by Act of Congress)—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">a temporary reduction (of not more than 5 percent ad valorem) in the rate of duty on any article; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">a temporary increase in the value or quantity of articles which may be imported under any import restriction, or a temporary suspension of any import restriction.</content> </subparagraph> <continuation class="fontsize10">Import liberalizing actions proclaimed pursuant to this subsection shall be of broad and uniform application with respect to product coverage except that the President shall not proclaim measures under this subsection with respect to those articles where in his judgment such action will cause or contribute to material injury to firms or workers in any domestic industry, including agriculture, mining, fishing, or commerce, or to impairment of the national security, or will otherwise be contrary to the national interest.</continuation> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Import restricting actions proclaimed pursuant to subsection (a) shall be applied consistently with the principle of nondiscriminatory treatment. In addition, any quota proclaimed pursuant to subparagraph (B) of subsection (a) shall be applied on a basis which aims at a distribution of trade with the United States approaching as closely as possible that which various foreign countries might have expected to obtain in the absence of such restrictions.</content> </paragraph> <page identifier="/us/stat/88/1989">88 <inline class="smallCaps">Stat</inline>. 1989</page> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Notwithstanding paragraph (1), if the President determines that the purposes of this section will best be served by action against one or more countries having large or persistent balance-of-payments surpluses, he may exempt all other countries from such action.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">After such time when there enters into force for the United States new rules regarding the application of surcharges as part of a reform of internationally agreed balance-of-payments adjustment procedures, the exemption authority contained in paragraph (2) shall be applied consistently with such new international rules.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">It is the sense of Congress that the President seek modifications in international agreements aimed at allowing the use of surcharges in place of quantitative restrictions (and providing rules to govern the use of such surcharges) as a balance-of-payments adjustment measure within the context of arrangements for an equitable sharing of balance-of-payments adjustment responsibility among deficit and surplus countries.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">Import restricting actions proclaimed pursuant to subsection (a) shall be of broad and uniform application with respect to product coverage except where the President determines, consistently with the purposes of this section, that certain articles should not be subject to import restricting actions because of the needs of the United States economy. Such exceptions shall be limited to the unavailability of domestic supply at reasonable prices, the necessary importation of raw materials, avoiding serious dislocations in the supply of imported goods, and other similar factors. In addition, uniform exceptions may be made where import restricting actions will be unnecessary or ineffective in carrying out the purposes of this section, such as with respect to articles already subject to import restrictions, goods in transit, or goods under binding contract. Neither the authorization of import restricting actions nor the determination of exceptions with respect to product coverage shall be made for the purpose of protecting individual domestic industries from import competition.</content> </subsection> <subsection class="firstIndent1"> <num value="f">(f) </num> <chapeau class="inline">Any quantitative limitation proclaimed pursuant to subparagraph<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2133">19 USC 2133.</ref></p></sidenote> (B) or (C) of subsection (a) on the quantity or value, or both, of an article—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">shall permit the importation of a quantity or value which is not less than the quantity or value of such article imported into the United States from the foreign countries to which such limitation applies during the most recent period which the President determines is representative of imports of such article, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">shall take into account any increase since the end of such representative period in domestic consumption of such article and like or similar articles of domestic manufacture or production.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="g">(g) </num> <content class="inline">The President may at any time, consistent with the provisions of this section, suspend, modify, or terminate, in whole or in part, any proclamation under this section either during the initial 150-day period of effectiveness or as extended by subsequent Act of Congress.</content> </subsection> <subsection class="firstIndent1"> <num value="h">(h) </num> <content class="inline">No provision of law authorizing the termination of tariff concessions shall be used to impose a surcharge on imports into the United States.</content> </subsection> </section> <section class="fontsize10"> <num value="123">SEC. 123. </num> <heading>COMPENSATION AUTHORITY.</heading><sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 2015.</p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <chapeau class="inline">Whenever any action has been taken under section 203 to<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 2015.</p></sidenote> increase or impose any duty or other import restriction, the. President—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">may enter into trade agreements with foreign countries or instrumentalities for the purpose of granting new concessions as <page identifier="/us/stat/88/1990">88 <inline class="smallCaps">Stat</inline>. 1990</page>compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">may proclaim such modification or continuance of any existing duty, or such continuance of existing duty-free or excise treatment, as he determines to be required or appropriate to carry out any such agreement.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">No proclamation shall be made pursuant to subsection (a) decreasing any rate of duty to a rate which is less than 70 percent of the existing rate of duty.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Where the rate of duty in effect at any time is an intermediate stage under section 109, the proclamation made pursuant to subsection (a) may provide for the reduction of each rate of duty at each such stage proclaimed under section 101 by not more than 30 percent of such rate of duty, and may provide for a final rate of duty which is not less than 70 percent of the rate of duty proclaimed as the final stage under section 101.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">If the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed the limitations provided by paragraphs (1) and (2) of this subsection by not more than the lesser of—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">the difference between such limitation and the next lower whole number, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">one-half of 1 percent ad valorem.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Any concessions granted under subsection (a)(1) shall be reduced and terminated according to substantially the same time schedule for reduction applicable to the relevant import relief under section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2134">19 USC 2134.</ref></p></sidenote>203(h).</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Before entering into any trade agreement under this section with any foreign country or instrumentality, the President shall consider whether such country or instrumentality has violated trade concessions of benefit to the United States and such violation has not been adequately offset by the action of the United States or by such country or instrumentality.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">Notwithstanding the provisions of subsection (a), the authority delegated under section 101 shall be used for the purpose of granting new concessions as compensation within the meaning of this section until such authority terminates.</content> </subsection> </section> <section class="fontsize10"> <num value="124"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2135">19 USC 2135.</ref></p></sidenote>SEC. 124. </num> <heading>TWO-YEAR RESIDUAL AUTHORITY TO NEGOTIATE DITTIES.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <chapeau class="inline">Whenever the President determines that any existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that the purposes of this Act will be promoted thereby, the President—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">may enter into trade agreements with foreign countries or instrumentalities thereof, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">may proclaim such modification or continuance of any existing duty, such continuance of existing duty-free or excise treatment, or such additional duties, as he determines to be required or appropriate to carry out any such trade agreement.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Agreements entered into under this section in any 1-year period shall not provide for the reduction of duties, or the continuance of duty-free or excise treatment, for articles which account for more than 2 percent of the value of United States imports for the most recent 12-month period for which import statistics are available.</content> </subsection> <page identifier="/us/stat/88/1991">88 <inline class="smallCaps">Stat</inline>. 1991</page> <subsection class="firstIndent1"> <num value="c">(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">No proclamation shall be made pursuant to subsection (a) decreasing any rate of duty to a rate which is less than 80 percent of the existing rate of duty.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">No proclamation shall be made pursuant to subsection (a) decreasing or increasing any rate of duty to a rate which is lower or higher than the corresponding rate which would have resulted if the maximum authority granted by section 101 with respect to such article had been exercised.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Where the rate of duty in effect at any time is an intermediate stage under section 109, the proclamation made pursuant to subsection (a) may provide for the reduction of each rate of duty at each such stage proclaimed under section 101 by not more than 20 percent of such rate of duty, and, subject to the limitation in paragraph (2), may provide for a final rate of duty which is not less than 80 percent of the rate of duty proclaimed as the final stage under section 101.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <chapeau class="inline">If the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed the limitations provided by paragraphs (1) and (2) of this subsection by not more than the lesser of—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">the difference between such limitation and the next lower whole number, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">one-half of 1 percent ad valorem.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">Agreements may be entered into under this section only during the 2-year period which immediately follows the close of the period during which agreements may be entered into under section 101.</content> </subsection> </section> <section class="fontsize10"> <num value="125">SEC. 125. </num> <heading>TERMINATION AND WITHDRAWAL AUTHORITY.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1821">19 USC 1821.</ref></p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1351">19 USC 1351.</ref></p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">Every trade agreement entered into under this Act shall be subject to termination, in whole or in part, or withdrawal, upon due notice, at the end of a period specified in the agreement. Such period shall be not more than 3 years from the date on which the agreement becomes effective. If the agreement is not terminated or withdrawn from at the end of the period so specified, it shall be subject to termination or withdrawal thereafter upon not more than 6 months’ notice.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The President may at any time terminate, in whole or in part, any proclamation made under this Act.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Whenever the United States, acting in pursuance of any of its rights or obligations under any trade agreement entered into pursuant to this Act, section 201 of the Trade Expansion Act of 1962, or section<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1202">19 USC 1202.</ref></p></sidenote> 350 of the Tariff Act of 1930, withdraws, suspends, or modifies any obligation with respect to the trade of any foreign country or instrumentality thereof, the President is authorized to proclaim increased duties or other import restrictions, to the extent, at such times, and for such periods as he deems necessary or appropriate, in order to exercise the rights or fulfill the obligations of the United States. No proclamation shall be made under this subsection increasing any existing duty to a rate more than 50 percent above the rate set forth in rate column numbered 2 of the Tariff Schedules of the United States, as in effect<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1821">19 USC 1821.</ref></p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1351">19 USC 1351.</ref></p></sidenote> on January 1, 1975, or 20 percent ad valorem above the rate existing on January 1, 1975, whichever is higher.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <chapeau class="inline">Whenever any foreign country or instrumentality withdraws, suspends, or modifies the application of trade agreement obligations of benefit to the United States without granting adequate compensation therefor, the President, in pursuance of rights granted to the United States under any trade agreement and to the extent necessary to protect United States economic interests (including United States balance of payments), may—</chapeau> <page identifier="/us/stat/88/1992">88 <inline class="smallCaps">Stat</inline>. 1992</page> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">withdraw, suspend, or modify the application of substantially equivalent trade agreement obligations of benefit to such foreign country or instrumentality, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">proclaim under subsection (c) such increased duties or other import restrictions as are appropriate to effect adequate compensation from such foreign country or instrumentality.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">Duties or other import restrictions required or appropriate to carry out any trade agreement entered into pursuant to this Act, section <sidenote><p class="firstIndent1 fontsize8">Presidential recommendations, transmittal to Congress.</p></sidenote>201 of the Trade Expansion Act of 1962, or section 350 of the Tariff Act of 1930 shall not be affected by any termination, in whole or in part, of such agreement or by the withdrawal of the United States from such agreement and shall remain in effect after the date of such termination or withdrawal for 1 year, unless the President by proclamation provides that such rates shall be restored to the level at which they would be but for the agreement. Within 60 days after the <sidenote><p class="firstIndent1 fontsize8">Hearing.</p></sidenote>date of any such termination or withdrawal, the President shall transmit to the Congress his recommendations as to the appropriate rates of duty for all articles which were affected by the termination or withdrawal or would have been so affected but for the preceding sentence.</content> </subsection> <subsection class="firstIndent1"> <num value="f"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2136">19 USC 2136.</ref></p></sidenote>(f) </num> <content class="inline">Before taking any action pursuant to subsection (b), (c), or (d),the President shall provide for a public hearing during the course of which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard, unless he determines that such prior hearings will be contrary to the national interest because of the need for expeditious action, in which case he shall provide for a public hearing promptly after such action.</content> </subsection> </section> <section class="fontsize10"> <num value="126"><sidenote><p class="firstIndent1 fontsize8">Recommendations to Congress.</p></sidenote>SEC. 126. </num> <heading>RECIPROCAL NONDISCRIMINATORY TREATMENT.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">Except as otherwise provided in this Act or in any other provision of law, any duty or other import restriction or duty-free treatment proclaimed in carrying out any trade agreement under this title shall apply to products of all foreign countries, whether imported directly or indirectly.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The President shall determine, after the conclusion of all negotiations entered into under this Act or at the end of the 5-year period beginning on the date of enactment of this Act, whichever is earlier, whether any major industrial country has failed to make concessions under trade agreements entered into under this Act which provide competitive opportunities for the commerce of the United States in such country substantially equivalent to the competitive opportunities, provided by concessions made by the United States under trade agreements entered into under this Act, for the commerce of such country in the United States.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">“Major industrial country.”</p></sidenote>(c) </num> <chapeau class="inline">If the President determines under subsection (b) that a major industrial country has not made concessions under trade agreements entered into under this Act which provide substantially equivalent competitive opportunities for the commerce of the United States, he shall, either generally with respect to such country or by article produced by such country, in order to restore equivalence of competitive opportunities, recommend to the Congress—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">legislation providing for the termination or denial of the benefits of concessions of trade agreements entered into under this Act made with respect to rates of duty or other import restrictions by the United States; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">that any legislation necessary to carry out any trade agreement under section 102 shall not apply to such country.</content> </paragraph> </subsection> <page identifier="/us/stat/88/1993">88 <inline class="smallCaps">Stat</inline>. 1993</page> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">For purposes of this section, “major industrial country” means<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2137">19 USC 2137.</ref></p></sidenote> Canada, the European Economic Community, the individual member countries of such Community, Japan, and any other foreign country designated by the President for purposes of this subsection.</content> </subsection> </section> <section class="fontsize10"> <num value="127">SEC. 127. </num> <heading>RESERVATION OF ARTICLES FOR NATIONAL SECURITY OR OTHER REASONS.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">No proclamation shall be made pursuant to the provisions of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2137">19 USC 2137.</ref></p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 2015.</p></sidenote> this Act reducing or eliminating the duty or other import restriction on any article if the President determines that such reduction or elimination would threaten to impair the national security.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">While there is in effect with respect to any article any action<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1987.</p></sidenote> taken under section 203 of this Act, or section 232 or 351 of the Trade Expansion Act of 1962 (19 U.S.C. 1862 or 1981), the President shall reserve such article from negotiations under this title (and from any action under section 122(c)) contemplating reduction or elimination<sidenote><p class="firstIndent1 fontsize8">Presidential report to Congress.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1863">19 USC 1863.</ref></p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1862">19 USC 1862.</ref></p></sidenote> of—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">any duty on such article,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">any import restriction imposed under such section, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">any other import restriction, the removal of which will be likely to undermine the effect of the import restrictions referred to in subparagraph (B).</content> </subparagraph> <continuation class="fontsize10">In addition, the President shall also so reserve any other article which he determines to be appropriate, taking into consideration information and advice available pursuant to and with respect to the matters covered by sections 131,132, and lo3, where applicable.</continuation> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The President shall submit to the Congress an annual report on<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1862">19 USC 1862.</ref></p></sidenote> section 232 of the Trade Expansion Act of 1962. Within 60 days after he takes any action under such section 232, the President shall report to the Congress the action taken and the reasons therefor.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <chapeau class="inline">Section 232 of the Trade Expansion Act of 1962 is amended—<sidenote><p class="firstIndent1 fontsize8">Hearings.</p></sidenote></chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by striking out “<quotedText>Director of the Office of Emergency Planning (hereinafter in this section referred to as the ‘Director’)</quotedText>” in the first sentence of subsection (b) and inserting in lieu thereof “<quotedText>Secretary of the Treasury (hereinafter referred to as the ‘Secretary’)</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out “<quotedText>advice from other appropriate departments and agencies</quotedText>” in the first sentence of subsection (b) and inserting in lieu thereof “<quotedText>advice from, and shall consult with, the Secretary of Defense, the Secretary of Commerce, and other appropriate officers of the United States</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">by striking out the last sentence of subsection (b) and inserting in lieu thereof the following: “<quotedText>The Secretary shall, if<sidenote><p class="firstIndent1 fontsize8">Report to President.</p></sidenote> it is appropriate and after reasonable notice, hold public hearings or otherwise afford interested parties an opportunity to present information and advice relevant to such investigation. The Secretary<sidenote><p class="firstIndent1 fontsize8">Import adjustment.</p></sidenote> shall report the findings of his investigation under this subsection with respect to the effect of the importation of such article in such quantities or under such circumstances upon the national security and, based on such findings, his recommendation for action or inaction under this section to the President within one year after receiving an application from an interested party or otherwise beginning an investigation under this subsection. If the Secretary finds that such article is being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security, he shall so advise the President and the President shall take such action, and for <page identifier="/us/stat/88/1994">88 <inline class="smallCaps">Stat</inline>. 1994</page><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2151">19 USC 2151.</ref></p></sidenote>such time, as he deems necessary to adjust the imports of such article and its derivatives so that such imports will not threaten to impair the national security, unless the President determines that the article is not being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security.</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">by striking out “<quotedText>Director</quotedText>” each place it appears in subsections (c) and (d) and inserting in lieu thereof “<quotedText>Secretary</quotedText>”.</content> </paragraph> </subsection> </section> </chapter> <chapter> <num value="3">CHAPTER 3—</num> <heading class="centered">HEARINGS AND ADVICE CONCERNING NEGOTIATIONS</heading> <section class="fontsize10"> <num value="131"><sidenote><p class="firstIndent1 fontsize8">Lists of articles for modification of U.S. duties.</p></sidenote>SEC. 131. </num> <heading>INTERNATIONAL TRADE COMMISSION ADVICE.</heading> <subsection class="firstIndent1"> <num value="a"><sidenote><p class="firstIndent1 fontsize8">Investigations and reports.</p></sidenote>(a) </num> <content class="inline">In connection with any proposed trade agreement under chapter 1 or section 123 or 124, the President shall from time to time publish and furnish the International Trade Commission (hereafter in this section referred to as the “Commission”) with lists of articles which may be considered for modification or continuance of United States duties, continuance of United States duty-free or excise treatment, or additional duties. In the case of any article with respect to which consideration may be given to reducing or increasing the rate of duty, the list shall specify the provision of this title pursuant to which such consideration may be given.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Within 6 months after receipt of such a list or, in the case of a list submitted in connection with a trade agreement authorized under section 123, within 90 days after receipt of such list, the Commission shall advise the President with respect to each article of its judgment as to the probable economic effect of modifications of duties on industries producing like or directly competitive articles and on consumers, so as to assist the President in making an informed judgment as to the impact which might be caused by such modifications on United States manufacturing, agriculture, mining, fishing, labor, and consumers. Such advice may include in the case of any article, the advice of the Commission as to whether any reduction in the rate of duty should take place over a longer period than the minimum periods provided by section 109(a).</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Functions.</p></sidenote>(c) </num> <content class="inline">In addition, in order to assist the President in his determination of whether to enter into any agreement under section 102, the Commission shall make such investigations and reports as may be requested by the President, including, where feasible, advice as to the probable economic effects of modifications of any barrier to (or other distortion of) international trade on domestic industries and purchasers and on prices and quantities of articles in the United States.</content> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8">Hearings.</p></sidenote>(d) </num> <chapeau class="inline">In preparing its advice to the President under this section, the Commission shall, to the extent practicable—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">investigate conditions, causes, and effects relating to competition between the foreign industries producing the articles in question and the domestic industries producing the like or directly competitive articles;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">analyze the production, trade, and consumption of each like or directly competitive article, taking into consideration employment, profit levels, and use of productive facilities with respect to the domestic industries concerned, and such other economic factors in such industries as it considers relevant, including prices, wages, sales, inventories, patterns of demand, capital <page identifier="/us/stat/88/1995">88 <inline class="smallCaps">Stat</inline>. 1995</page>investment, obsolescence of equipment, and diversification of production;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">describe the probable nature and extent of any significant change in employment, profit levels, and use of productive facilities, and such other conditions as it deems relevant in the domestic industries concerned which it believes such modifications would cause; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">make special studies (including studies of real wages paid in foreign supplying countries), whenever deemed to be warranted, of particular proposed modifications affecting United States manufacturing, agriculture, mining, fishing, labor, and consumers, utilizing to the fullest extent practicable United States Government facilities abroad and appropriate personnel of the United States.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">In preparing its advice to the President under this section, the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2152">19 USC 2152.</ref></p></sidenote> Commission shall, after reasonable notice, hold public hearings.</content> </subsection> </section> <section class="fontsize10"> <num value="132">SEC. 132. </num> <heading>ADVICE FROM DEPARTMENTS AND OTHER SOURCES.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2153">19 USC 2153.</ref></p></sidenote> <content>Before, any trade agreement, is entered into under chapter 1 or section 123 or 124, the President shall seek information and advice with respect to such agreement from the Departments of Agriculture, Commerce, Defense, Interior, Labor, State and the Treasury, from the Special Representative for Trade Negotiations, and from such other sources as he may deem appropriate.</content> </section> <section class="fontsize10"> <num value="133">SEC. 133. </num> <heading>PUBLIC HEARINGS.</heading><sidenote><p class="firstIndent1 fontsize8">Summary to President.</p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">In connection with any proposed trade agreement under chapter 1 or section 123 or 124, the President shall afford an opportunity for any interested person to present his views concerning any article on a list published pursuant to section 131, any article which should be so listed, any concession which should be sought by the United States, or any other matter relevant, to such proposed trade agreement. For this purpose, the President shall designate an agency or an interagency committee which shall, after reasonable notice, hold public hearings and prescribe regulations governing the conduct of such hearings.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The organization holding such hearings shall furnish the President<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2154">19 USC 2154.</ref></p></sidenote> with a summary thereof.</content> </subsection> </section> <section class="fontsize10"> <num value="134">SEC. 134. </num> <heading>PREREQUISITES FOR OFFERS.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2155">19 USC 2155.</ref></p></sidenote> <content>In any negotiations seeking an agreement under chapter 1 or section 123 or 124, the President may make an offer for the modification or continuance of any United States duty, import restrictions, or barriers to (or other distortions of) international trade, the continuance of United States duty-free or excise treatment, or the imposition of additional duties, import restriction, or other barrier to (or other distortion of) international trade, with respect to any article only after he has received a summary of the hearings at which an opportunity to be heard with respect to such article has been afforded under section 133. In addition, the President may make an offer for the modification or continuance of any United States duty, the continuance of United States duty-free or excise treatment, or the imposition of additional duties, with respect to any article included in a list published and furnished under section 131(a), only after he has received advice concerning such article from the International Trade Commission under section 131 (b), or after the expiration of the 6-month or 90-day period provided for in that section, as appropriate, whichever first occurs. </content> </section> <page identifier="/us/stat/88/1996">88 <inline class="smallCaps">Stat</inline>. 1996</page> <section class="fontsize10"> <num value="135"><sidenote><p class="firstIndent1 fontsize8">Advisory Committee for Trade Negotiations.</p><p class="firstIndent1 fontsize8">Establishment; membership.</p></sidenote>SEC. 135. </num> <heading>ADVICE FROM PRIVATE SECTOR.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">The President, in accordance with the provisions of this section, shall seek information and advice from representative elements of the private sector with respect to negotiating objectives and bargaining positions before entering into a trade agreement referred to in section 101 or 102.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Termination.</p></sidenote>(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The President shall establish an Advisory Committee for Trade Negotiations to provide overall policy advice on any trade agreement referred to in section 101 or 102. The Committee shall be composed of not more than 45 individuals, and shall include representatives of government, labor, industry, agriculture, small business, service industries, retailers, consumer interests, and the general public.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Committee shall meet at the call of the Special Representative <sidenote><p class="firstIndent1 fontsize8">General policy advisory committees.</p><p class="firstIndent1 fontsize8">Establishment.</p></sidenote>for Trade Negotiations, who shall be the Chairman. The Committee shall terminate upon submission of its report required under subsection (e) (2). Members of the Committee shall be appointed by the President for a period of 2 years and may be reappointed for one or more additional periods.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The Special Representative for Trade Negotiations shall make available to the Committee such staff, information, personnel; and administrative services and assistance as it may reasonably require to carry out its activities.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c)</num><sidenote><p class="firstIndent1 fontsize8">Sector advisory committees.</p><p class="firstIndent1 fontsize8">Establishment.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The President may, on his own initiative or at the request of organizations representing industry, labor, or agriculture, establish general policy advisory committees for industry, labor, and agriculture, respectively, to provide general policy advice on any trade agreement referred to in section 101 or 102. Such committees shall, insofar as practicable, be representative of all industry, labor, or agricultural interests (including small business interests), respectively, and shall be organized by the President acting through the Special Representative for Trade Negotiations and the Secretaries of Commerce, Labor, and Agriculture, as appropriate.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Meetings.</p></sidenote>(2) </num> <content class="inline">The President shall, on his own initiative or at the request of organizations in a particular sector, establish such industry, labor, or agricultural sector advisory committees as he determines to be necessary for any trade negotiations referred to in section 101 or 102. Such committees shall, so far as practicable, be representative of all industry, labor, or agricultural interests including small business interests in the sector concerned. In organizing such committees the President, acting through the Special Representative for Trade Negotiations and the Secretary of Commerce, Labor, or Agriculture, as appropriate, (A) shall consult with interested private organizations, and (B) shall take into account such factors as patterns of actual and potential competition between United States industry and agriculture and foreign enterprise in international trade, the character of the nontariff barriers and other distortions affecting such competition, the necessity for reasonable limits on the number of such product sector advisory committees, the necessity that each committee be reasonably limited in size, and that the product lines covered by each committee be reasonably related.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8">Reports to President, Congress, and Special Representative for Trade Negotiations.</p></sidenote>(d) </num> <chapeau class="inline">Committees established pursuant to subsection (c) shall meet at the call of the Special Representative for Trade Negotiations, before and during any trade negotiations, to provide the following:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">policy advice on negotiations;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">technical advice and information on negotiations on particular products both domestic and foreign; and </content> </paragraph> <page identifier="/us/stat/88/1997">88 <inline class="smallCaps">Stat</inline>. 1997</page> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">advice on other factors relevant to positions of the United States in trade negotiations.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e">(e)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Advisory Committee for Trade Negotiations, each<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> appropriate policy advisory committee, and each sector advisory committee, if the sector which such committee represents is affected, shall meet at the (inclusion of negotiations for each trade agreement entered into under this Act, to provide to the President, to Congress, and to the Special Representative for Trade Negotiations a report on such agreement. The report of the Advisory Committee for Trade Negotiations and each appropriate policy advisory committee shall include an advisory opinion as to whether and to what extent the agreement promotes the economic interests of the United States and the report of the appropriate sector committee shall include an advisory opinion as to whether the agreement provides for equity and reciprocity within the sector.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Advisory Committee for Trade Negotiations, each policy<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/">5 USC app. I.</ref></p></sidenote> advisory committee, and each sector advisory committee shall issue a report to the Congress as soon as is practical after the end of the period which ends 5 years after the date of enactment of this Act. The report of the Advisory Committee for Trade Negotiations and each policy advisory committee shall include an advisory opinion as to whether and to what extent trade agreements entered into under this Act, taken as a whole, serve the economic interests of the United States. The report of each sector advisory committee shall include an advisory opinion on the degree to which trade agreements entered into under this Act which affect the sector represented by each such committee, taken as a whole, provide for equity and reciprocity within that sector.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="f">(f) </num> <chapeau class="inline">The provisions of the Federal Advisory Committee Act (Public Law 92–463) shall apply—<sidenote><p class="firstIndent1 fontsize8">Privileged or confidential information.</p></sidenote></chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">to the Advisory Committee for Trade Negotiations established pursuant to subsection (b); and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">to all other advisory committees which may be established pursuant to subsection (c); except that the meetings of advisory groups established under subsection (c) shall be exempt from the requirements of subsections (a) and (b) of section 10 and section 11 of the Federal Advisory Committee Act (relating to open meetings, public notice, public participation, and public availability of documents), whenever and to the extent it is determined by the President or his designee that such meetings will be concerned with matters the disclosure of which would seriously compromise the Government’s negotiating objectives or bargaining positions on the negotiation of any trade agreement.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="g">(g)</num> <paragraph class="inline"> <num value="1">(1)</num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">Trade secrets and commercial or financial information<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 2008.</p></sidenote> which is privileged or confidential, submitted in confidence by the private sector to officers or employees of the United States in connection with trade negotiations, shall not be disclosed to any person other than to—</chapeau> <clause class="indent3 fontsize10"> <num value="i">(i) </num> <content class="inline">officers and employees of the United States designated by the Special Representative for Trade Negotiations, and</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">(ii) </num> <content class="inline">members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate who are accredited as official adviser’s under section 161 (a) or are designated by the chairman of either such committee under section 161(b) (2), and members of the staff of either such<sidenote><p class="firstIndent1 fontsize8">Other confidential information and advice.</p></sidenote> committee designated by the chairman under section 161(b) (2),</content> </clause> <continuation class="fontsize10">for use in connection with negotiation of a trade agreement referred to in section 101 or 102.</continuation> </subparagraph> <page identifier="/us/stat/88/1998">88 <inline class="smallCaps">Stat</inline>. 1998</page> <subparagraph class="indent2 fontsize10"> <num value="B"><sidenote><p class="firstIndent1 fontsize8">Rules governing information disclosure.</p></sidenote>(B) </num> <chapeau class="inline">Information, other than that described in paragraph (A), and advice submitted in confidence by the private sector to officers or employees of the United States, to the Advisory Committee for Trade Negotiations or to any advisory committee established under subsection (c), in connection with trade negotiations, shall not be disclosed to any person other than—</chapeau> <clause class="indent3 fontsize10"> <num value="i">(i) </num> <content class="inline">the individuals described in subparagraph (A), and</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">(ii) </num> <content class="inline">the appropriate advisory committees established under this section.</content> </clause> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Staff, information, personnel, services and assistance to advisory committees.</p></sidenote>(2) </num> <content class="inline">Information submitted in confidence by officers or employees of the United States to the Advisory Committee for Trade Negotiations, or to any advisory committee established under subsection (c), shall not be disclosed other than in accordance with rules issued by the Special Representative for Trade Negotiations and the Secretary of Commerce, Labor or Agriculture, as appropriate, after consultation with the relevant advisory committees established under subsection (c). Such rules shall define the categories of information which require restricted or confidential handling by such committee considering the extent to which public disclosure of such information can reasonably be expected to prejudice United States negotiating objectives. Such rules shall, to the maximum extent feasible, permit meaningful consultations by advisory committee members with persons affected by proposed trade agreements.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="h"><sidenote><p class="firstIndent1 fontsize8">Procedures for consultation.</p></sidenote>(h) </num> <content class="inline">The Special Representative for Trade Negotiations, and the Secretary of Commerce, Labor, or Agriculture, as appropriate, shall provide such staff, information, personnel, and administrative services and assistance to advisory committees established pursuant to subsection (c) as such committees may reasonably require to carry out their activities.</content> </subsection> <subsection class="firstIndent1"> <num value="i"><sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 2009.</p><p class="firstIndent1 fontsize8">Report.</p></sidenote>(i) </num> <content class="inline">It shall be the responsibility of the Special Representative for Trade Negotiations, in conjunction with the Secretary of Commerce, Labor, or Agriculture, as appropriate, to adopt procedures for consultation with and obtaining information and advice from the advisory committees established pursuant to subsection (c) on a continuing and timely basis, both during preparation for negotiations and actual negotiations. Such consultation shall include the provision of information to each advisory committee as to (1) significant issues and developments arising in preparation for or in the course of such negotiations, and (2) overall negotiating objectives and positions of the United States and other parties to the negotiations. The Special Representative for Trade Negotiations shall not be bound by the advice or recommendations of such advisory committees but the Special Representative for Trade Negotiations shall inform the advisory committees of failures to accept such advice or recommendations, and the President <sidenote><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2171">19 USC 2171.</ref></p></sidenote>shall include in his statement to the Congress, required by section 163, a report by the Special Representative for Trade Negotiations on consultation with such committees, issues involved in such consultation, and the reasons for not accepting advice or recommendations.</content> </subsection> <subsection class="firstIndent1"> <num value="j">(j) </num> <content class="inline">In addition to any advisory committee established pursuant to this section, the President shall provide adequate, timely and continuing opportunity for the submission on an informal and, if such information is submitted under the provisions of subsection (g), confidential basis by private organizations or groups, representing labor, industry, agriculture, small business, service industries, consumer interests, and others, of statistics, data, and other trade information, as well as policy recommendations, pertinent to the negotiation of any trade agreement referred to in section 101 or 102.</content> </subsection> <page identifier="/us/stat/88/1999">88 <inline class="smallCaps">Stat</inline>. 1999</page> <subsection class="firstIndent1"> <num value="k">(k) </num> <content class="inline">Nothing contained in this section shall be construed to authorize or permit any individual to participate directly in any negotiation of any trade agreement referred to in section 101 or 102.</content> </subsection> </section> </chapter> <chapter> <num value="4">CHAPTER 4—</num> <heading class="centered">OFFICE OF THE SPECIAL REPRESENTATIVE FOR TRADE NEGOTIATIONS</heading> <section class="fontsize10"> <num value="141">SEC. 141. </num> <heading>OFFICE OF THE SPECIAL REPRESENTATIVE FOR TRADE NEGOTIATIONS.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">There is established within the Executive Office of the President<sidenote><p class="firstIndent1 fontsize8">Special Representative for Trade Negotiations.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2171">19 USC 2171.</ref></p></sidenote> the Office of the Special Representative for Trade Negotiations (hereinafter in this section referred to as the “Office”).</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Office shall be headed by the Special Representative<sidenote><p class="firstIndent1 fontsize8">Deputy Special Representatives for Trade Negotiations.</p></sidenote> for Trade Negotiations who shall be appointed by the President, by and with the advice and consent of the Senate. As an exercise of the rulemaking power of the Senate, any nomination of the Special Representative for Trade Negotiations submitted to the Senate for confirmation, and referred to a committee, shall be referred to the Committee on Finance. The Special Representative for Trade Negotiations shall hold office at the pleasure of the President, shall be entitled to receive the same allowances as a chief of mission, and shall have the rank of Ambassador Extraordinary and Plenipotentiary.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">There shall be in the Office two Deputy Special Representatives<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5314">5 USC 5314.</ref></p></sidenote> for Trade Negotiations who shall be appointed by the President, by and with the advice and consent of the Senate. As an exercise of the rulemaking power of the Senate, any nomination of a Deputy Special Representative submitted to the Senate for confirmation, and referred to a committee, shall be referred to the Committee on Finance. Each Deputy Special Representative for Trade Negotiations shall hold office at the pleasure of the President and shall have the rank of Ambassador.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Section 5312 of title 5. United States Code, is amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="13">“(13) </num> <content class="inline">Special Representative for Trade Negotiations.”</content> </paragraph> </quotedContent> </content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">Section 5314 of such title is amended by adding at the end<sidenote><p class="firstIndent1 fontsize8">Functions.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2171">19 USC 2171.</ref></p></sidenote> thereof the following new paragraph: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="60">“(60) </num> <content class="inline">Deputy Special Representatives for Trade Negotiations (2).”</content> </paragraph> </quotedContent> </content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The Special Representative for Trade Negotiations shall—<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 2041.</p></sidenote></chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">be the chief representative of the United States for each trade negotiation under this title or section 301;<sidenote><p class="firstIndent1 fontsize8">Report to President and Congress</p></sidenote></content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">report directly to the President and the Congress, and be<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1801/s1351">19 USC 1801 note, 1351.</ref></p></sidenote> responsible to the President and the Congress for the administration of trade agreements programs under this Act, the Trade Expansion Act of 1962, and section 350 of the Tariff Act of 1930;<sidenote><p class="firstIndent1 fontsize8">Reports to Congress.</p></sidenote></content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">advise the President and Congress with respect to nontariff barriers to international trade, international commodity agreements, and other matters which are related to the trade agreements programs;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">be responsible for making reports to Congress with respect<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1872">19 USC 1872.</ref></p></sidenote> to the matter set forth in subparagraphs (A) and (B);</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">(E) </num> <content class="inline">be chairman of the interagency trade organization established pursuant to section 242(a) of the Trade Expansion Act of 1962; and<sidenote><p class="firstIndent1 fontsize8">Experts and consultants.</p></sidenote></content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">(F) </num> <content class="inline">be responsible for such other functions as the President may direct. </content> </subparagraph> </paragraph> <page identifier="/us/stat/88/2000">88 <inline class="smallCaps">Stat</inline>. 2000</page> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Each Deputy Special Representative, for Trade Negotiation shall have as his principal function the conduct of trade negotiations under this Act and shall have such other functions as the Special Representative for Trade Negotiations may direct.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <chapeau class="inline">The Special Representative for Trade Negotiations may, for the purpose of carrying out his functions under this section—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">subject to the civil service and classification laws, select, appoint, employ, and fix the compensation of such officers and employees as are necessary and prescribe their authority and duties;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note.</ref></p></sidenote>(2) </num> <content class="inline">employ experts and consultants in accordance with section 3109 of title 5, United States Code, and compensate individuals so employed for each day (including traveltime) at rates not in excess of the maximum rate of pay for grade GS–18 as provided <sidenote><p class="firstIndent1 fontsize8">Rules and regulations.</p></sidenote>in section 5332 of title 5, United States Code, and while such experts and consultants are so serving away from their homes or regular place of business, to pay such employees travel expenses and per diem in lieu of subsistence at rates authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermittently;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8">Contracts, leases, or cooperative agreements.</p></sidenote>(3) </num> <content class="inline">promulgate such rules and regulations as may be necessary to carry’ out the functions vested in him;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">utilize, with their consent, the services, personnel, and facilities of other Federal agencies;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5"><sidenote><p class="firstIndent1 fontsize8">Official seal.</p></sidenote>(5) </num> <content class="inline">enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of the work of the Office and on such terms as the Special Representative for Trade Negotiations may deem appropriate, with any agency or instrumentality of the Ignited States, or with any public or private person, firm, association, corporation, or institution;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">accept voluntary and uncompensated services, notwithstanding the provisions of section 3679(b) of the Revised Statutes (31 U.S.C. 665(b)); and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7"><sidenote><p class="firstIndent1 fontsize8">Consultation with Federal agencies.</p></sidenote>(7) </num> <content class="inline">adopt an official seal, which shall be judicially noticed.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote>(e) </num> <content class="inline">The Special Representative for Trade Negotiations shall, to the extent he deems it necessary for the proper administration and execution of the trade agreements programs of the United States, draw upon the resources of, and consult with, Federal agencies in connection with the performance of his functions.</content> </subsection> <subsection class="firstIndent1"> <num value="f"><sidenote><p class="firstIndent1 fontsize8">Office of Special Representatives for Trade Negotiations, abolishment.</p></sidenote>(f) </num> <content class="inline">There are authorized to be appropriated to the Office of Special Representative for Trade Negotiations such amounts as may be necessary for the purpose of carrying out its functions for fiscal year 1976 and each fiscal year thereafter any part of which is within the 5-year period beginning on the date of the enactment of this Act.</content> </subsection> <subsection class="firstIndent1"> <num value="g"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1801">19 USC 1801 note.</ref></p><p class="firstIndent1 fontsize8">Transfer of funds.</p></sidenote>(g)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Office of Special Representative for Trade Negotiations established under Executive Order No. 11075 of January 15, 1963, as amended, is abolished.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Transfer of personnel.</p></sidenote>(2) </num> <content class="inline">The assets, liabilities, contracts, property, and records and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, or available to such Office are transferred to the Office of Special Representative for Trade Negotiations established under subsection (a) of this section.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="h">(h)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Any individual who holds the position of Special Representative for Trade Negotiations or a position as Deputy Special Representative for Trade Negotiations on the day before the date of <page identifier="/us/stat/88/2001">88 <inline class="smallCaps">Stat</inline>. 2001</page>enactment of this Act and who has been appointed by and with the advice and consent of the Senate may continue to hold such position without regard to the first sentence of paragraph (1) of subsection (b), or the first sentence of paragraph (2) of subsection (b), as the case may be.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">All personnel who on the day before the date of the enactment<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1801">19 USC 1801 note.</ref></p></sidenote> of this Act are employed by the Office of the Special Representative for Trade Negotiations established by Executive Order No. 11075 of January 15, 1963, as amended, are hereby transferred to the Office.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2191">19 USC 2191.</ref></p></sidenote></content> </paragraph> </subsection> </section> </chapter> <chapter> <num value="5">CHAPTER 5—</num> <heading class="centered">CONGRESSIONAL PROCEDURES WITH RESPECT TO PRESIDENTIAL ACTIONS</heading> <section class="fontsize10"> <num value="151">SEC. 151. </num> <heading>BILLS IMPLEMENTING TRADE AGREEMENTS ON NONTARIFF BARRIERS AND RESOLUTIONS APPROVING COMMERCIAL AGREEMENTS WITH COMMUNIST COUNTRIES.</heading><sidenote><p class="firstIndent1 fontsize8">Trade agreement.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1982.</p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <heading><inline class="smallCaps">Rules of House of Representatives and Senate</inline>.—</heading> <chapeau class="inline">This section and sections 152 and 153 are enacted by the (Congress—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of implementing bills described in subsection (b) (1) implementing revenue bills described in subsection (b) (2), approval resolutions described in subsection (b) (3), and resolutions described in subsections 152(a) and 153(a); and they supersede other rules only to the extent that they are inconsistent therewith; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <heading><inline class="smallCaps">Definitions</inline>.—</heading> <chapeau class="inline">For purposes of this section—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">The term “implementing bill” means only a bill of either House of Congress which is introduced as provided in subsection (c) with respect to one or more trade agreements submitted to the House of Representatives and the Senate under section 102 and which contains—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">a provision approving such trade agreement or agreements,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">a provision approving the statement of administrative action (if any) proposed to implement such trade agreement or agreements, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">if changes in existing laws or new statutory authority is required to implement such trade agreement or agreements, provisions, necessary or appropriate to implement such trade agreement or agreements, either repealing or amending existing laws or providing new statutory authority.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The term “implementing revenue bill” means an implementing bill which contains one or more revenue measures by reason of which it must originate in the House of Representatives.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The term “approval resolution” means only a concurrent resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: “That the Congress <page identifier="/us/stat/88/2002">88 <inline class="smallCaps">Stat</inline>. 2002</page>approves the extension of nondiscriminatory treatment with respect to the products of <fillIn style="font-family:monospace">________</fillIn> transmitted by the President to the Congress on <fillIn style="font-family:monospace">________</fillIn>.”, the first blank space being filled with the name of the country involved and the second blank space being filled with the appropriate date.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <heading><inline class="smallCaps">Introduction and Referral</inline>.—</heading> <paragraph class="indent1 fontsize10"> <num value="1"><sidenote><p class="firstIndent1 fontsize8">Bilateral commercial agreement.</p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 2056.</p></sidenote>(1) </num> <content class="inline">On the day on which a trade agreement is submitted to the House of Representatives and the Senate under section 102, the implementing bill submitted by the President with respect to such trade agreement shall be introduced (by request) in the House by the majority leader of the House, for himself and the minority leader of the House, or by Members of the House designated by the majority leader and minority leader of the House; and shall be introduced (by request) in the Senate by the majority leader of the Senate, for himself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate. If either House is not in session on the day on which such a trade agreement is submitted, the implementing bill shall be introduced in that House, as provided in the preceding sentence, on the first day thereafter on which that House is in session. Such bills shall be referred by the Presiding Officers of the respective Houses to the appropriate committee, or, in the case of a bill containing provisions within the jurisdiction of two or more committees, jointly to such committees for consideration of those provisions within their respective jurisdictions.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Implementing revenue bills.</p></sidenote>(2) </num> <content class="inline">On the day on which a bilateral commercial agreement, entered into under title IV of this Act after the date of the enactment of this Act, is transmitted to the House of Representatives and the Senate, an approval resolution with respect to such agreement shall be introduced (by request) in the House by the majority leader of the House, for himself and the minority leader of the House, or by Members of the House designated by the majority leader and minority leader of the House; and shall be introduced (by request) in the Senate by the majority leader of the Senate, for himself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate. If either House is not in session on the day on which such an agreement is transmitted, the approval resolution with respect to such agreement shall be introduced in that House, as provided in the preceding sentence, on the first day thereafter on which that House is in session. The approval resolution introduced in the House shall be referred to the Committee on Ways and Means and the approval resolution introduced in the Senate shall be referred to the Committee on Finance.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <heading><inline class="smallCaps">Amendments Prohibited</inline>.—</heading> <content class="inline">No amendment to an implementing bill or approval resolution shall be in order in either the House of Representatives or the Senate; and no motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House for the Presiding Officer to entertain a request to suspend the application of this subsection by unanimous consent.</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <heading><inline class="smallCaps">Period for Committee and Floor Consideration</inline>.—</heading> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">Except as provided in paragraph (2), if the committee or committees of either House to which an implementing bill or approval resolution has been referred have not reported it at the <page identifier="/us/stat/88/2003">88 <inline class="smallCaps">Stat</inline>. 2003</page>close of the 45th day after its introduction, such committee or committees shall be automatically discharged from further consideration of the bill or resolution and it shall be placed on the appropriate calendar. A vote on final passage of the bill or resolution shall be taken in each House on or before the close of the 15th day after the bill or resolution is reported by the committee or committees of that House to which it was referred, or after such committee or committees have been discharged from further consideration of the bill or resolution. If prior to the passage by one House of an implementing bill or approval resolution of that House, that House receives the same implementing bill or approval resolution from the other House, then—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">the procedure in that House shall be the same as if no implementing bill or approval resolution had been received from the other House; but</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">the vote on final passage shall be on the implementing bill or approval resolution of the other House.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The provisions of paragraph (1) shall not apply in the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2192">19 USC 2192.</ref></p></sidenote> Senate to an implementing revenue bill. An implementing revenue bill received from the House shall be referred to the appropriate committee or committees of the Senate, If such committee or committees have not reported such bill at the close of the 15th day after its receipt by the Senate (or, if later, before the close of the 45th day after the corresponding implementing revenue bill was introduced in the Senate), such committee or committees shall be automatically discharged from further consideration of such bill and it shall be placed on the calendar. A vote on final passage of such bill shall be taken in the Senate on or before the close of the 15th day after such bill is reported by the committee or committees of the Senate to which it was referred, or after such committee or committees have been discharged from further consideration of such bill.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">For purposes of paragraphs (1) and (2), in computing a number of days in either House, there shall be excluded any day on which that House is not in session.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="f">(f) </num> <heading><inline class="smallCaps">Floor Consideration in the House</inline>.—</heading> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">A motion in the House of Representatives to proceed to the consideration of an implementing bill or approval resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Debate in the House of Representatives on an implementing bill or approval resolution shall be limited to not more than 20 hours, which shall be divided equally between those, favoring and those opposing the bill or resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit an implementing bill or approval resolution or to move to reconsider the vote by which an implementing bill or approval resolution is agreed to or disagreed to.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Motions to postpone, made in the House, of Representatives with respect to the consideration of an implementing bill or approval resolution, and motions to proceed to the consideration of other business, shall be decided without debate.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the <page identifier="/us/stat/88/2004">88 <inline class="smallCaps">Stat</inline>. 2004</page>procedure relating to an implementing bill or approval resolution shall be decided without debate.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">Except to the extent specifically provided in the preceding provisions of this subsection, consideration of an implementing bill or approval resolution shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions in similar circumstances.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="g">(g) </num> <heading><inline class="smallCaps">Floor Consideration in the Senate</inline>.—</heading> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">A motion in the Senate to proceed to the consideration of an implementing bill or approval resolution shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Debate in the Senate on an implementing bill or approval resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Debate in the Senate on any debatable motion or appeal in connection with an implementing bill or approval resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or resolution, except that in the event the manager of the bill or resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of an implementing bill or approval resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">A motion in the Senate to further limit debate is not debatable. A motion to recommit an implementing bill or approval resolution is not in order.</content> </paragraph> </subsection> </section> <section class="fontsize10"> <num value="152"><sidenote><p class="firstIndent1 fontsize8">“Resolution ”</p></sidenote>SEC. 152. </num> <heading>RESOLUTIONS DISAPPROVING CERTAIN ACTIONS.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <heading><inline class="smallCaps">Contents of Resolutions</inline>.—</heading> <paragraph class="indent1 fontsize10"> <num value="1"><sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 2015.</p></sidenote>(1) </num> <chapeau class="inline">For purposes of this section, the term “resolution” means only—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">a concurrent resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: “That the Congress does not approve <fillIn style="font-family:monospace">________</fillIn> transmitted to the Congress on <fillIn style="font-family:monospace">________</fillIn>.”, the first blank space being filled in accordance with paragraph (2) and the second blank space being filled with the appropriate date; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">a resolution of either House of the Congress, the matter after the resolving clause of which is as follows: “That the <fillIn style="font-family:monospace">________</fillIn> does not approve <fillIn style="font-family:monospace">________</fillIn> transmitted to the Congress on <fillIn style="font-family:monospace">________</fillIn>.”, with the first blank space being filled with the name of the resolving House, the second blank space being filled in accordance with paragraph (3), and the third blank space being filled with the appropriate date.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">The first blank space referred to in paragraph (1)(A) shall be filled as follows:</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A"><sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, P. 2043.</p></sidenote>(A) </num> <content class="inline">in the case of a resolution referred to in section 203(c), with the phrase “the action taken by, or the determination of, the President under section 203 of the Trade Act of 1974”; and</content> </subparagraph> <page identifier="/us/stat/88/2005">88 <inline class="smallCaps">Stat</inline>. 2005</page> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">in the case of a resolution referred to in section 302 (b),<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 2041.</p></sidenote> with the phrase “the action taken by the President under section 301 of the Trade Act of 1974”.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1303">19 USC 1303.</ref></p></sidenote></content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">The second blank space referred to in paragraph (1) (B) shall be filled as follows:</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">in the case of a resolution referred to in section 303 (e) of the Tariff Act of 1930, with the phrase “the determination<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p, 2063.</p></sidenote> of the Secretary of the Treasury under section 303(d) of the Tariff Act of 1930”;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">in the case of a resolution referred to in section 407 (c) (2), with the phrase “the extension of nondiscriminatory<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2193">19 USC 2193.</ref></p></sidenote> treatment with respect to the products of <fillIn style="font-family:monospace">________</fillIn>” (with this blank space being filled with the name of the country involved); and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">in the case of a resolution referred to in section 407(c) (3), with the phrase “the report of the President submitted under section <fillIn style="font-family:monospace">________</fillIn> of the Trade Act of 1974 with respect to <fillIn style="font-family:monospace">________</fillIn>” (with the first blank space being filled with “402(b)” or “409(b)”, as appropriate, and the second blank space being filled with the name of the country involved).</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <heading><inline class="smallCaps">Reference to Committees</inline>.—</heading> <content class="inline">All resolutions introduced in the House of Representatives shall be referred to the Committee on Ways and Means and all resolutions introduced in the Senate shall be referred to the Committee on Finance.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <heading><inline class="smallCaps">Discharge of Committees</inline>.—</heading> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">If the committee of either House to which a resolution has been referred has not reported it at the end of 30 days after its introduction, not counting any day which is excluded under section 153(b), it is in order to move either to discharge the committee from further consideration of the resolution or to discharge the committee from further consideration of any other resolution introduced with respect to the same matter, except no motion to discharge shall be in order after the committee has reported a resolution with respect to the same matter.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">A motion to discharge under paragraph (1) may be made only, by an individual favoring the resolution, and is highly privileged in the House and privileged in the Senate; and debate thereon shall be limited to not more than 1 hour, the time to be divided in the. House equally between those favoring and those opposing the resolution, and to be divided in the Senate equally between, and controlled by, the majority leader and the minority leader or their designees. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <heading><inline class="smallCaps">Floor Consideration in the House</inline>.—</heading> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">A motion in the House of Representatives to proceed to the consideration of a resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Debate in the House of Representatives on a resolution shall be limited to not more than 20 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate shall not be debatable. No <page identifier="/us/stat/88/2006">88 <inline class="smallCaps">Stat</inline>. 2006</page>amendment to, or motion to recommit, the resolution shall be in order. It shall not be in order to move to reconsider the vote by which a resolution is agreed to or disagreed to.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Motions to postpone, made in the House of Representatives with respect to the consideration of a resolution, and motions to proceed to the consideration of other business, shall be decided without debate.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a resolution shall be decided without debate.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">Except, to the extent specifically provided in the preceding provisions of this subsection, consideration of a resolution in the House of Representatives shall be governed by the Rules of the House of Representatives applicable to other resolutions in similar circumstances.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <heading><inline class="smallCaps">Floor Consideration in the Senate</inline>.—</heading> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">A motion in the Senate to proceed to the consideration of a resolution shall be privileged. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Debate in the Senate on a resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Debate in the Senate on any debatable motion or appeal in connection with a resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">A motion in the Senate to further limit debate on a resolution, debatable motion, or appeal is not debatable. No amendment to, or motion to recommit, a resolution is in order in the Senate.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="f">(f) </num> <heading><inline class="smallCaps">Special Rule for Concurrent Resolutions</inline>.—</heading> <chapeau class="inline">In the case of a resolution described in subsection (a) (l),if prior to the passage by one House of a resolution of that House, that House receives a resolution with respect to the same matter from the other House, then—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the procedure in that House shall be the same as if no resolution had been received from the other House; but</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the vote on final passage shall be on the resolution of the other House.</content> </paragraph> </subsection> </section> <section class="fontsize10"> <num value="153"><sidenote><p class="firstIndent1 fontsize8">“Resolution.”</p></sidenote>SEC. 153. </num> <heading>RESOLUTIONS RELATING TO EXTENSION OF WAIVER AUTHORITY UNDER SECTION 402.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <heading><inline class="smallCaps">Contents of Resolutions</inline>.—</heading> <chapeau class="inline">For purposes of this section, the <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 2056.</p></sidenote>term “resolution” means only—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">a concurrent resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: “That the Congress approves the extension of the authority contained <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 2056.</p></sidenote>in section 402(c) (1) of the Trade Act of 1974 recommended <page identifier="/us/stat/88/2007">88 <inline class="smallCaps">Stat</inline>. 2007</page>by the President to the Congress on <fillIn style="font-family:monospace">________</fillIn>, except with respect to <fillIn style="font-family:monospace">________</fillIn>.”, with the first blank space being filled with the appropriate date and the second blank space being filled with the names of those countries, if any, with respect to which such extension of authority is not approved, and with the except clause being omitted if there is no such country; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">a resolution of either House of the Congress, the matter after the resolving clause of which is its follows: “That the <fillIn style="font-family:monospace">________</fillIn> does not approve the extension of the authority contained in section 402(c) of the Trade Act of 1974 recommended by the<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, P. 2056.</p></sidenote> President to the Congress on <fillIn style="font-family:monospace">________</fillIn> with respect to <fillIn style="font-family:monospace">________</fillIn>.”, with the first blank space being filled with the name of the resolving House, the second blank space being filled with the appropriate date, and the third blank space being filled with the names of those countries, if any, with respect to which such extension of authority is not approved, and with the with-respect-to clause being omitted if the extension of the authority’ is not approved with respect to any country.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <heading><inline class="smallCaps">Application of Rules of Section 152; Exceptions</inline>.—</heading> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Except as provided in this section, the provisions of section 152 shall apply to resolutions described in subsection (a).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">In applying section 152(c)(1), all calendar days shall be counted, and, in the case of a resolution related to section 402(d)(4), 20 calendar days shall be substituted for 30 days.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">That part of section 152(d)(2) which provides that no amendment is in order shall not apply to any amendment to a resolution which is limited to striking out or inserting the names of one or more countries or to striking out or inserting an except clause, in the case of a resolution described in subsection (a) (1), or a with-respect-to clause, in the case of a resolution described in subsection (a) (2). Debate in the House of Representatives on any amendment to a resolution shall be limited to not more than 1 hour which shall be equally divided between those favoring and those opposing the amendment. A motion in the House to further limit debate on an amendment to a resolution is not debatable.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">That part of section 152(e)(4) which provides that no amendment is in order shall not apply to any amendment to a resolution which is limited to striking out or inserting the names of one or more countries or to striking out or inserting an except clause, in the case of a resolution described in subsection (a)(1), or a with-respect-to clause, in the case of a resolution described in subsection (a)(2). The time limit on a debate on a resolution in the Senate under section 152(e) (2) shall include all amendments to a resolution. Debate in the Senate on any amendment to a resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event the manager of the resolution is in favor of any such amendment, the time in opposition thereto shall be controlled by the minority leader or his designee. The majority leader and minority leader may, from time under their control on the passage of a resolution, allot additional time to any Senator during the consideration of any amendment. A motion in the Senate to further limit debate on an amendment to a resolution is not debatable.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <heading><inline class="smallCaps">Consideration of Second Resolution Not in Order</inline>.—</heading> <content class="inline">It shall not be in order in either the House of Representatives or the Senate <page identifier="/us/stat/88/2008">88 <inline class="smallCaps">Stat</inline>. 2008</page>to consider a resolution with respect to a recommendation of the President <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2194">19 USC 2194.</ref></p></sidenote>under section 402(d) (other than a resolution described in subsection (a)(1) received from the other House), if that House has adopted a resolution with respect to the same recommendation.</content> </subsection> </section> <section class="fontsize10"> <num value="154"><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1982; <i>Post</i>, pp. 2015, 2043, 2063, 2049.</p></sidenote>SEC. 154. </num> <heading>SPECIAL RULES RELATING TO CONGRESSIONAL PROCEDURES.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">Whenever, pursuant to section 102(e), 203(b), 302(a), 402(d), <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2211">19 USC 2211.</ref></p></sidenote>or 407 (a) or (b), or section 303(e) of the Tariff Act of 1930, a document is required to be transmitted to the Congress, copies of such document shall be delivered to both Houses of Congress on the same day and shall be delivered to the Clerk of the House of Representatives if the House is not in session and to the Secretary of the Senate if the Senate is not in session.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">For purposes of sections 203(c), 302(b), 407(c)(2), and 407 (c)(3), the 90-day period referred to in such sections shall be computed by excluding—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the days on which either House is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">any Saturday and Sunday, not excluded under paragraph (1), when either House is not in session.</content> </paragraph> </subsection> </section> </chapter> <chapter> <num value="6">CHAPTER 6—</num> <heading class="centered">CONGRESSIONAL LIAISON AND REPORTS</heading> <section class="fontsize10"> <num value="161"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2212">19 USC 2212.</ref></p></sidenote>SEC. 161. </num> <heading>CONGRESSIONAL DELEGATES TO NEGOTIATIONS.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">At the beginning of each regular session of Congress, the Speaker of the House of Representatives, upon the recommendation of the chairman of the Committee on Ways and Means, shall select five members (not more than three of whom are members of the same political party) of such committee, and the President pro tempore of the Senate, upon the recommendation of the chairman of the Committee on Finance, shall select five members (not more than three of whom are members of the same political party) of such committee, who shall be accredited by the President as official advisers to the United States delegations to international conferences, meetings, and negotiation sessions relating to trade agreements.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Special Representative for Trade Negotiation shall keep each official adviser currently informed on United States negotiating objectives, the status of negotiations in progress, and the nature of any changes in domestic law or the administration thereof which may be recommended to Congress to carry out any trade agreement.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The chairmen of the Committee on Ways and Means and the Committee on Finance may designate members (in addition to the official advisors under subsection (a)) and staff members of their respective committees who shall have access to the information provided to official advisers under paragraph (1).</content> </paragraph> </subsection> </section> <section class="fontsize10"> <num value="162"><sidenote><p class="firstIndent1 fontsize8">Summary of information.</p></sidenote>SEC. 162. </num> <heading>TRANSMISSION OF AGREEMENTS TO CONGRESS.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">As soon as practicable after a trade agreement entered into under chapter 1 or section 123 or 124 has entered into force with respect to the United States, the President shall, if he has not previously done so, transmit a copy of such trade agreement to each House of the Congress together with a statement, in the light of the advice of the International Trade Commission under section 131(b), if any, <page identifier="/us/stat/88/2009">88 <inline class="smallCaps">Stat</inline>. 2009</page>and of other relevant considerations, of his reasons for entering into the agreement.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The President shall transmit to each Member of the Congress<sidenote><p class="firstIndent1 fontsize8">“Member.”</p></sidenote> a summary of the information required to be transmitted to each House under subsection (a). For purposes of this subsection, the term “Member” includes any Delegate or Resident Commissioner.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2213">19 USC 2213.</ref></p></sidenote></content> </subsection> </section> <section class="fontsize10"> <num value="163">SEC. 163. </num> <heading>REPORTS.</heading><sidenote><p class="firstIndent1 fontsize8">Presidential report to Congress.</p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">The President shall submit to the Congress an annual report<sidenote><p class="firstIndent1 fontsize8">ITC report to Congress.</p></sidenote> on the trade agreements program and on import belief and adjustment assistance for workers, firms, and communities under this Act. Such report shall include, information regarding new negotiations; changes made in duties and nontariff barriers and other distortions of trade of the United States; reciprocal concessions obtained; changes in trade agreements (including the incorporation therein of actions taken for import relief and compensation provided therefor); extension or withdrawal of nondiscriminatory treatment by the United States with respect, to the products of a foreign country; extension, modification, withdrawal, suspension, or limitation of preferential treatment to exports of developing countries; the results of action taken to obtain removal of foreign trade restrictions (including discriminatory restrictions) against United States exports and the removal of foreign practices which discriminate against United States service industries (including transportation and tourism) and investment; and the measures being taken to seek the removal of other significant foreign import restrictions; and other information relating to the trade agreements program and to the agreements entered into thereunder. Such report shall also include information regarding the number of applications filed for adjustment assistance for workers, firms, and communities, the number of such applications which were approved, and the extent, to which adjustment assistance has been provided under such approved applications.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The International Trade Commission shall submit to the Congress,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2231">19 USC 2231.</ref></p></sidenote> at least once a year, a factual report on the operation of the trade agreements program.</content> </subsection> </section> </chapter> <chapter> <num value="7">CHAPTER 7—</num> <heading class="centered">UNITED STATES INTERNATIONAL TRADE COMMISSION</heading> <section class="fontsize10"> <num value="171">SEC. 171. </num> <heading>CHANGE OF NAME OF TARIFF COMMISSION.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1330">19 USC 1330.</ref></p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">The United States Tariff Commission (established by section 330 of the Tariff Act of 1930) is renamed as the United States International<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5315">5 USC 5315.</ref></p></sidenote> Trade Commission.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Any reference in any law of the United States, or in any order, rule, regulation, or other document, to the United States Tariff Commission (or the Tariff Commission) shall be considered to refer to the United States International Trade Commission.</content> </subsection> </section> <section class="fontsize10"> <num value="172">SEC. 172. </num> <heading>ORGANIZATION OF THE COMMISSION.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">Subsections (a) and (b) of section 330 of the Tariff Act of 1930 (19 U.S.C. 1330) are amended to read as follows: <quotedContent> <subsection class="firstIndent1"> <num value="a">“(a) </num> <heading><inline class="smallCaps">Membership</inline>.—</heading> <content class="inline">The United States International Trade Commission (referred to in this title as the “Commission”) shall be composed of six commissioners who shall be appointed by the President, by and with the advice and consent of the Senate. No person shall be eligible for appointment as a commissioner unless ho is a citizen of the United States, and, in the judgment of the President, is possessed <page identifier="/us/stat/88/2010">88 <inline class="smallCaps">Stat</inline>. 2010</page>of qualifications requisite for developing expert knowledge of international trade problems and efficiency in administering the duties and functions of the Commission. A person who has served as a commissioner for more than 5 years (excluding service as a commissioner before the date of the enactment of the Trade Act of 1974) shall not be eligible for reappointment as a commissioner. Not more than three of the commissioners shall be members of the same political party, and in making appointments members of different political parties shall be appointed alternately as nearly as may be practicable.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <heading><inline class="smallCaps">Terms of Office</inline>.—</heading> <content class="inline">The terms of office of the commissioners holding office on the date of the enactment of the Trade Act of 1974 which (but for this sentence) would expire on June 16, 1975, June 16, 1976, June 16, 1977, June 16, 1978, June 16, 1979, and June 16, 1980, shall expire on December 16, 1976, June 16, 1978, December 16, 1979, June 16, 1981, December 16, 1982, and June 16, 1984, respectively. The term of office of each commissioner appointed after such date shall expire 9 years from the date of the expiration of the term for which his predecessor was appointed, except that any commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term.”</content> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">Subsection (c) of such section is amended—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by striking out “<quotedText>The</quotedText>” in the first sentence and inserting in lieu thereof “<quotedText>(1) Except as provided in paragraph (2), the</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Effective on and after June 17, 1975, the commissioner whose term is first to expire and who has at least 18 months remaining in his term shall serve as chairman during the last 18 months of his term (or, in the case of a commissioner appointed to fill a vacancy occurring during such 18-month period, during the remainder of his term), and the commissioner whose term is second to expire and who has at least 36 months remaining in his term shall serve as vice chairman during the same 18-month period (or, in the case of a commissioner appointed to fill a vacancy occurring during such 18-month period, during the remainder of such 18-month period).”</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 5314 of title 5, United States Code, is amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="61">“(61) </num> <content class="inline">Chairman, United States International Trade Commission.”</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5316">5 USC 5316.</ref></p></sidenote>(2) </num> <content class="inline">Section 5315 of such title is amended by striking out paragraph (24) and inserting in lieu thereof the following: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="24">“(24) </num> <content class="inline">Members, United States International Trade Commission.”</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1332">19 USC 1332.</ref></p></sidenote>(3) </num> <content class="inline">Section 5316 of such title is amended by striking out paragraph (93).</content> </paragraph> </subsection> </section> <section class="fontsize10"> <num value="173">SEC. 173. </num> <heading>VOTING RECORD OF COMMISSIONERS.</heading> <chapeau><sidenote><p class="firstIndent1 fontsize8">Estimated expenditures and proposed appropriations, transmittal to President.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2232">19 USC 2232.</ref></p></sidenote>Section 332(g) of the Tariff Act of 1930 (31 U.S.C. 1332(g)) is amended—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by striking out “<quotedText>and</quotedText>” before “<quotedText>a summary</quotedText>”, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by inserting before the period at the end “<quotedText>, and a list of all votes taken by the commission during the year, showing those commissioners voting in the affirmative and the negative on each vote and those commissioners not voting on each vote and the reasons for not voting</quotedText>”. </content> </paragraph> </section> <page identifier="/us/stat/88/2011">88 <inline class="smallCaps">Stat</inline>. 2011</page> <section class="fontsize10"> <num value="174">SEC. 174. </num> <heading>REPRESENTATION IN COURT PROCEEDINGS.</heading> <chapeau>Section 333(c) of the Tariff Act of 1930 (19 U.S.C. 1333(c)) is amended—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by striking out “<quotedText>Upon application of the Attorney General of the United States, at</quotedText>” in subsection (c) and inserting in lieu thereof “<quotedText>At</quotedText>”, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1"> <num value="g">“(g) </num> <heading><inline class="smallCaps">Representation in Court Proceedings</inline>.—</heading> <content class="inline">The Commission shall be represented in all judicial proceedings by attorneys who are employees of the commission or, at the request of the commission, by the Attorney General of the United States.”</content> </subsection> </quotedContent> </content> </paragraph> </section> <section class="fontsize10"> <num value="175">SEC. 175. </num> <heading>INDEPENDENT BUDGET AND AUTHORIZATION OF APPROPRIAT1ONS.</heading> <subsection class="firstIndent1"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Effective with respect to the fiscal year beginning October<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2251">19 USC 2251.</ref></p></sidenote> 1, 1976, for purposes of the Budget and Accounting Act, 1921 (31 U.S.C. 1 et seq.), estimated expenditures and proposed appropriations for the United States International Trade Commission shall be transmitted to the President on or before October 15 of the year preceding the beginning of each fiscal year and shall be included by him in the Budget without revision, and the Commission shall not be considered to be a department or establishment for purposes of such Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 3679 of the Revised Statutes (31 U.S.C. 665) is amended by inserting “<quotedText>the United States International Trade Commission,</quotedText>” before “<quotedText>, or the District, of Columbia</quotedText>” each place it appears in subsections (d) and (g).</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 33(1 of the Tariff Act of 1930 (19 U.S.C. 1330) is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1"> <num value="e">“(e) </num> <heading><inline class="smallCaps">Authorization of Appropriations</inline>.—</heading> <content class="inline">For the fiscal year beginning October 1, 1976, and each fiscal year thereafter, there are authorized to be appropriated to the Commission only such sums as may hereafter be provided by law.”</content> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="c">(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Paragraph (2) is enacted as an exercise, of the rulemaking power of the Senate and with full recognition of the constitutional right of the Senate to change its rules at any time.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Paragraph 6(a) of rule XVI of the Standing Rules of the Senate is amended by adding at the end of the table, contained therein the following: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="text-align:left; vertical-align: bottom;">“Committee on Finance</td> <td style="text-align:left; vertical-align: bottom;">For the International Trade Commission.”.</td> </tr> </tbody> </table> </content> </paragraph> </subsection> </section> </chapter> <num value="II">TITLE II—</num> <heading class="centered">RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION</heading> <chapter> <num value="1">CHAPTER 1—</num> <heading class="centered">IMPORT RELIEF</heading> <section class="fontsize10"> <num value="201">SEC. 201. </num> <heading>INVESTIGATION BY INTERNATIONAL TRADE COMMISSION.</heading><sidenote><p class="firstIndent1 fontsize8">Filing of petition with ITC.</p></sidenote> <subsection class="firstIndent1"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">A petition for eligibility for import relief for the purpose<sidenote><p class="firstIndent1 fontsize8">Investigation.</p></sidenote> of facilitating orderly adjustment to import competition may be filed with the International Trade Commission (hereinafter in this chapter referred to as the “Commission”) by an entity, including a trade association, firm, certified or recognized union, or group of workers, which is representative of an industry. The petition shall include a statement describing the specific purposes for which import relief is being sought, which may include such objectives as facilitating the orderly transfer <page identifier="/us/stat/88/2012">88 <inline class="smallCaps">Stat</inline>. 2012</page>of resources to alternative uses and other means of adjustment to new conditions of competition.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Whenever a petition is filed under this subsection, the Commission shall transmit a copy thereof to the Special Representative for Trade Negotiations and the agencies directly concerned.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Economic factors.</p></sidenote>(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Upon the request of the President or the Special Representative for Trade Negotiations, upon resolution of either the Committee on Ways and Means of the House of Representatives or the Committee on Finance of the Senate, upon its own motion, or upon the filing of a petition under subsection (a)(1), the Commission shall promptly make an investigation to determine whether an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported article.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">“Substantial cause.”</p></sidenote>(2) </num> <chapeau class="inline">In making its determinations under paragraph (1), the Commission shall take into account all economic factors which it considers relevant, including (but not limited to)—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">with respect to serious injury, the significant idling of productive facilities in the industry, the inability of a significant number of firms to operate at a reasonable level of profit, and significant unemployment or underemployment within the industry;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">with respect to threat of serious injury, a decline in sales, a higher and growing inventory, and a downward trend in production, profits, wages, or employment (or increasing underemployment) in the domestic industry concerned; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">with respect to substantial cause, an increase in imports (either actual or relative to domestic production) and a decline in the proportion of the domestic market supplied by domestic, producers.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">For purposes of paragraph (1), in determining the domestic industry producing an article like or directly competitive with an imported article, the Commission—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">may, in the case of a domestic producer which also imports, treat as part of such domestic industry only its domestic production,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">may, in the case of a domestic producer which produces more than one article, treat as part of such domestic industry only that portion or subdivision of the producer which produces the like or directly competitive article, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">may, in the case of one or more domestic producers, who produce a like or directly competitive article in a major geographic area of the United States and whose production facilities in such area for such article constitute a substantial portion of the domestic industry in the United States and primarily serve the market in such area, and where the imports are concentrated in such area, treat as such domestic industry only that segment of the production located in such area.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4"><sidenote><p class="firstIndent1 fontsize8">Increased imports.</p></sidenote>(4) </num> <content class="inline">For purposes of this section, the term “substantial cause” means a cause which is important and not less than any other cause.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">In the course of any proceeding under this subsection, the Commission shall, for the purpose of assisting the President in making his determinations under sections 202 and 203, investigate and report on efforts made by firms and workers in the industry to compete more effectively with imports. </content> </paragraph> <page identifier="/us/stat/88/2013">88 <inline class="smallCaps">Stat</inline>. 2013</page> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">In the course of any proceeding under this subsection, the Commission<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s160–171">19 USC 160–171.</ref></p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1303/s1337">19 USC 1303, 1337.</ref></p><p class="firstIndent1 fontsize8">Notification.</p></sidenote> shall investigate any factors which in its judgment may be contributing to increased imports of the article under investigation; and, whenever in the course of its investigation the Commission has reason to believe that the increased imports are attributable in part to circumstances which come within the purview of the Antidumping Act, 1921, section 303 or 337 of the Tariff Act of 1930, or other remedial<sidenote><p class="firstIndent1 fontsize8">Hearings.</p></sidenote> provisions of law, the Commission shall promptly notify the appropriate agency so that such action may be taken as is otherwise authorized by such provisions of law.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">In the course of any proceeding under subsection (b), the Commission<sidenote><p class="firstIndent1 fontsize8">Report to President.</p></sidenote> shall, after reasonable notice, hold public hearings and shall afford interested parties an opportunity to be present, to present evidence, and to be heard at such hearings.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The Commission shall report to the President its findings<sidenote><p class="firstIndent1 fontsize8">Transcript of hearings and briefs, transmittal to President.</p></sidenote> under subsection (b), and the basis therefor and shall include in each report any dissenting or separate views. If the Commission finds with respect to any article, as a result of its investigation, the serious injury or threat thereof described in subsection ( b), it shall—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">find the amount of the increase in, or imposition of, any duty or import restriction on such article which is necessary to prevent or remedy such injury, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">if it determines that adjustment assistance under chapters 2, 3, and 4 can effectively remedy such injury, recommend the provision of such assistance,</content> </subparagraph> <continuation class="fontsize10">and shall include such findings or recommendation in its report to the President. The Commission shall furnish to the President a transcript<sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> of the hearings and any briefs which were submitted in connection with each investigation.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The report of the Commission of its determination under subsection (b) shall be made at the earliest practicable time, but not later than 6 months after the date on which the petition is filed (or the date on which the request or resolution is received or the motion is adopted, as the case may be). Upon making such report to the President, the Commission shall also promptly make public such report (with the exception of information which the Commission determines to be confidential) and shall cause a summary thereof to be published in the<sidenote><p class="firstIndent1 fontsize8">Investigations, continuation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1901">19 USC 1901.</ref></p></sidenote> Federal Register.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">Except for good cause determined by the Commission to exist, no investigation for the purposes of this section shall be made with respect to the same subject matter as a previous investigation under this section, unless 1 year has elapsed since the Commission made its report to the President of the results of such previous investigation.</content> </subsection> <subsection class="firstIndent1"> <num value="f">(f)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Any investigation by the Commission under section 301(b)<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1901">19 USC 1901.</ref></p></sidenote> of the Trade Expansion Act of 1962 (as in effect before the date of the enactment of this Act) which is in progress immediately before such date of enactment shall be continued under this section in the same manner as if the investigation had been instituted originally under the provisions of this section. For purposes of subsection (d) (2), the petition for any’ investigation to which the preceding sentence applies shall be treated as having been filed, or the request or resolution as having been received or the motion having been adopted, as the case may’ fie, on the date of the enactment of this Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">If, on the date of the enactment of this Act, the President has not taken any action with respect to any report of the Commission containing an affirmative determination resulting from an investiga-<page identifier="/us/stat/88/2014">88 <inline class="smallCaps">Stat</inline>. 2014</page>tion under section 301(b) of the Trade Expansion Act of 1962 (as in <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2252">19 USC 2252.</ref></p></sidenote>effect before the date of the enactment of this Act), such report shall be treated by the President as a report received by him under this sect ion on the date of the enactment of this Act.</content> </paragraph> </subsection> </section> <section class="fontsize10"> <num value="202"><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 1986, 1994, 1999.</p></sidenote>SEC. 202. </num> <heading>PRESIDENTIAL ACTION AFTER INVESTIGATIONS.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <chapeau class="inline">After receiving a report from the Commission containing an affirmative finding under section 201(b) that increased imports have been a substantial cause of serious injury or the threat thereof with respect to an industry, the President—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">shall provide import relief for such industry pursuant to section 203, unless he determines that provision of such relief is not in the national economic interest of the United States, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">shall evaluate the extent to which adjustment assistance has been made available (or can be made available.) under <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1330">19 USC 1330.</ref></p></sidenote>chapters 2, 3, and 4 of this title to the workers and firms in such industry and to the communities in which such workers and firms are located, and, after such evaluation, may direct the Secretary of Labor and the Secretary of Commerce that expeditious consideration be given to the petitions for adjustment assistance; or</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">if the Commission, under section 201(d), recommends the provision of adjustment assistance, shall direct the Secretaries of Labor and Commerce as described in paragraph (1) (B).</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">Within 60 days (30 days in the case of a supplemental report under subsection (d)) after receiving a report from the Commission containing an affirmative finding under section 201(b) (or a finding under section 201(b) which he considers to be an affirmative finding, <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>by reason of section 330(d) of the Tariff Act of 1930, within such 60-day (or 30-day) period), the President shall—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">determine what method and amount of import relief he will provide, or determine that the provision of such relief is not in the national economic interest of the United States, and whether he will direct expeditious consideration of adjustment assistance petitions, <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>and publish in the Federal Register that he has made such determination; or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Additional considerations.</p></sidenote>(2) </num> <content class="inline">if such report recommends the provision of adjustment assistance, publish in the Federal Register his order to the Secretary of Labor and Secretary of Commerce for expeditious consideration of petitions.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Request for additional information.</p></sidenote>(c) </num> <chapeau class="inline">In determining whether to provide import relief and what method and amount of import relief he will provide pursuant to section 203, the President, shall take into account, in addition to such other considerations as he may deem relevant—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">information and advice from the Secretary of Labor on the extent to which workers in the industry have applied for, are receiving, or are likely to receive adjustment assistance under chapter 2 or benefits from other manpower programs;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">information and advice from the Secretary of Commerce on the extent to which firms in the industry have applied for, are receiving, or are likely to receive adjustment assistance under chapters 3 and 4;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the probable effectiveness of import relief as a means to promote adjustment, the efforts being made or to be implemented y the industry concerned to adjust to import competition, and other considerations relative to the position of the industry in the Nation’s economy; </content> </paragraph> <page identifier="/us/stat/88/2015">88 <inline class="smallCaps">Stat</inline>. 2015</page> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the effect of import relief on consumers (including the price and availability of the imported article and the like or directly competitive article produced in the United States) and on competition in the domestic markets for such articles;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">the effect of import relief on the international economic interests of the United States;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">the impact on United States industries and firms as a consequence of any possible modification of duties or other import restrictions which may result from international obligations with respect to compensation;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">the geographic concentration of imported products marketed in the United States;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">(8) </num> <content class="inline">the extent to which the United States market is the focal point for exports of such article by reason of restraints on exerts of such article to, or on imports of such article into, third country markets; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">(9) </num> <content class="inline">the economic and social costs which would be incurred by taxpayers, communities, and workers, if import relief were or were not provided.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The President may, within 15 days after the date on which<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2253">19 USC 2253.</ref></p></sidenote> he receives an affirmative finding of the Commission under section 201(b) with respect to an industry, request additional information from the Commission. The Commission shall, as soon as practicable but in no event more than 30 days after the date on which it receives the President’s request, furnish additional information with respect to such industry in a supplemental report.</content> </subsection> </section> <section class="fontsize10"> <num value="203">SEC. 203. </num> <heading>IMPORT RELIEF.</heading><sidenote><p class="firstIndent1 fontsize8">Documents, transmittal to Congress.</p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <chapeau class="inline">If the President determines to provide import relief under section 202(a) (1), he shall, to the extent that and for such time (not to exceed 5 years) as he determines necessary taking into account the considerations specified in section 202(c) to prevent or remedy serious injury or the threat thereof to the industry in question and to facilitate the orderly adjustment to new competitive conditions by the industry in question—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">proclaim an increase in, or imposition of, any duty on the article causing or threatening to cause serious injury to such industry;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">proclaim a tariff-rate quota on such article;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">proclaim a modification of, or imposition of, any quantitative restriction on the import into the United States of such article;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">negotiate orderly marketing agreements with foreign countries limiting the export from foreign countries and the import into the United States of such articles; or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">take any combination of such actions.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">On the day on which the President proclaims import relief<sidenote><p class="firstIndent1 fontsize8">Quantitative restriction.</p></sidenote> under this section or announces his intention to negotiate one or more orderly marketing agreements, the President shall transmit to Congress a document setting forth the action he is taking under this section. If the action taken by the President differs from the action recommended to him by the Commission under section 201(b) (1) (A), he shall state the reason for such difference.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">On the day on which the President determines that the provision of import relief is not in the national economic interest of the United States, the President shall transmit to Congress a document setting forth such determination and the reasons why, in terms of the <page identifier="/us/stat/88/2016">88 <inline class="smallCaps">Stat</inline>. 2016</page>national economic interest, he is not providing import relief and also what other steps he is taking, beyond adjustment assistance programs immediately available to help the industry to overcome serious injury and the workers to find productive employment.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">If the President reports under subsection (b) that he is taking action which differs from the action recommended by the Commission under section 201 (b)(1)(A), or that he will not provide import relief, the action recommended by the Commission shall take effect (as provided in paragraph (2)) upon the adoption by both Houses of Congress (within the 90-day period following the date on which the document referred to in subsection (b) is transmitted to the Congress), by an affirmative vote of a majority of the Members of each House present and voting, of a concurrent resolution disapproving the action taken by the President or his determination not to provide import relief under section 202(a) (1) (A).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">If the contingency set forth in paragraph (1) occurs, the President shall (within 30 days after the adoption of such resolution) proclaim the increase in, or imposition of, any duty or other import restriction on the article which was recommended by the Commission under section 201(b).</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">No proclamation pursuant to subsection (a) or (c) shall be made increasing a rate or duty to (or imposing) a rate which is more than 50 percent ad valorem above the rate (if any) existing at the time of the proclamation.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Marketing agreements.</p></sidenote>(2) </num> <content class="inline">Any quantitative restriction proclaimed pursuant to subsection (a) or (c) and any orderly marketing agreement negotiated pursuant to subsection (a) shall permit the importation of a quantity or value of the article which is not less than the quantity or value of such article import into the United States during the most recent period which the President determines is representative of imports of such article.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e">(e)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Import relief under this section shall be proclaimed and take effect within 15 days after the import relief determination date unless the President announces on such date his intention to negotiate one or more orderly marketing agreements under subsection (a) (4) or (5) in which case import relief shall be proclaimed and take effect within 90 days after the import relief determination date.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num><sidenote><p class="firstIndent1 fontsize8">“Import relief determination date.”</p></sidenote> <content class="inline">If the President provides import relief under subsection (a) (1), (2), (3), or (5), he may, after such relief takes effect, negotiate orderly marketing agreements with foreign countries, and may, after such agreements take effect, suspend or terminate, in whole or in part, such import relief.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">If the President negotiates an orderly marketing agreement under subsection (a) (4) or (5) and such agreement does not continue to be effective, he may, consistent with the limitations contained in subsection (h), provide import relief under subsection (a) (1), (2), (3),or (5).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1202">19 USC 1202.</ref></p></sidenote> <content class="inline">For purposes of this subsection, the term “import relief determination date” means the date of the President’s determination under section 202(b).</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="f">(f)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">For purposes of subsections (a) and (c), the suspension <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 2066.</p></sidenote>of item 806.30 or 807.00 of the Tariff Schedules of the United States with respect to an article shall be treated as an increase in duty.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">For purposes of subsections (a) and (c), the suspension of the designation of any article as an eligible article for purposes of title <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 2066.</p></sidenote>V shall be treated as an increase in duty.</content> </paragraph> <page identifier="/us/stat/88/2017">88 <inline class="smallCaps">Stat</inline>. 2017</page> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">No proclamation providing for a suspension referred to in paragraph (1) with respect to any article shall he made under subsection (a) or (c) unless the Commission, in addition to making an affirmative determination with respect to such article under section 201(b), determines in the course of its investigation under section 201(b) that the serious injury (or threat thereof) substantially caused by imports to the domestic industry producing a like or directly competitive article results from the application of item 806.30 or item 807.00.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">No proclamation which provides solely for a suspension referred to in paragraph (2) with respect to any article shall be made under subsection (a) or (c) unless the Commission, in addition to making an affirmative determination with respect to such article under section 201(b), determines in the course of its investigation under section 201(b) that the serious injury (or threat thereof) substantially caused by imports to the domestic industry producing a like or directly competitive article results from the designation of the article as an eligible article for the purposes of title V.<sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote></content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="g">(g)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The President shall by regulations provide for the efficient<sidenote><p class="firstIndent1 fontsize8">Import relief, termination.</p></sidenote> and fair administration of any quantitative restriction proclaimed pursuant to subsection (a)(3) or (c).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">In older to carry out an agreement concluded under subsection (a)(4), (a)(5), or (e)(2), the President, is authorized to prescribe regulations governing the entry or withdrawal from warehouse of articles covered by such agreement. In addition, in order to carry out any agreement concluded under subsection (a)(4), (a)(5), or (e) (2) with one or more countries accounting for a major part of United States imports of the article covered by such agreements, including imports into a major geographic area of the United S ates, the President is authorized to issue regulations governing the entry or withdrawal from warehouse of like articles which are the product of countries not parties to such agreement.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Regulations prescribed under this subsection shall, to the extent practicable and consistent with efficient and fair administration, insure against inequitable sharing of imports by a relatively small number of the larger importers.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="h">(h)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Any import relief provided pursuant to this section shall,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1981, 1982">19 USC 1981, 1982.</ref></p></sidenote> unless renewed pursuant to paragraph (3), terminate no later than the close of the day which is 5 years after the day on which import relief with respect to the article in question first took effect pursuant to this section.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">To the extent feasible, any import relief provided pursuant to this section for a period of more than 3 years shall be phased down during the period of such relief, with the first reduction of relief taking effect no later than the close of the day which is 3 years after the day on which such relief first took effect.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Any import, relief provided pursuant to this section or section 351 or 352 of the Trade Expansion Act of 1962 may be extended by the<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2014.</p></sidenote> President, at a level of relief no greater than the level in effect immediately before such extension, for one 3-year period if the President determines, after taking into account the advice received from the Commission under subsection (i)(2) and after taking into account the considerations described in section 202(c), that such extension is<sidenote><p class="firstIndent1 fontsize8">Review of developments, reports to President.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1981, 1982">19 USC 1981, 1982.</ref></p></sidenote> in the national interest.</content> </paragraph> <page identifier="/us/stat/88/2018">88 <inline class="smallCaps">Stat</inline>. 2018</page> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Any import relief provided pursuant to this section may be reduced or terminated by the President when he determines, after taking into account the advice received from the Commission under subsection (i) (2) and after seeking advice of the Secretary of Commerce and the Secretary of Labor, that such reduction or termination is in the national interest.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">For purposes of this subsection and subsection (i), the import relief provided in the case of an orderly marketing agreement shall be the level of relief contemplated by such agreement.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="i"><sidenote><p class="firstIndent1 fontsize8">Hearing.</p></sidenote>(i)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">So long as any import relief provided pursuant to this section or section 351 or 352 of the Trade Expansion Act of 1962 remains in effect, the Commission shall keep under review developments with respect to the industry concerned (including the progress and specific efforts made by the firms in the industry concerned to adjust to import competition) and upon request of the President shall make reports to the President concerning such developments.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Upon request of the President or upon its own motion, the Commission shall advise, the President of its judgment as to the probable economic effect on the industry concerned of the extension, reduction, or termination of the import relief provided pursuant to this section.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Upon petition on behalf of the industry concerned, filed with the Commission not earlier than the date which is 9 months, and not later than the date which is 6 months, before the date any import relief provided pursuant to this section or section 351 or 352 of the Trade Expansion Act of 1962 is to terminate by reason of the expiration of the initial period therefor, the Commission shall advise the President of its judgment as to the probable economic effect on such industry of such termination.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">In advising the President under paragraph (2) or (3) as to the probable economic effect on the industry concerned, the Commission shall take into account all economic factors which it considers relevant, including the considerations set forth in section 202(c) and the progress and specific efforts made by the industry concerned to adjust to import competition.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1992.</p></sidenote> <content class="inline">Advice by the Commission under paragraph (2) or (3) shall be, given on the basis of an investigation during the course of which the Commission shall hold a hearing at which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="j">(j) </num> <content class="inline">No investigation for the purposes of section 201 shall be made with respect to an article which has received import relief under this section unless 2 years have elapsed since the last day on which import relief was provided with respect to such article pursuant to this section.</content> </subsection> <subsection class="firstIndent1"> <num value="k">(k)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Actions by the President pursuant to this section may be <sidenote><p class="firstIndent1 fontsize8">Geographic concentration of domestic production.</p></sidenote>taken without regard to the provisions of section 126(a) of this Act but only after consideration of the relation of such actions to the international obligations of the United States.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2271">19 USC 2271.</ref></p></sidenote>(2) </num> <content class="inline">If the Commission treats as the domestic industry production located in a major geographic area of the United States under section 201(b)(3)(C), then the President shall take into account the geographic concentration of domestic production and of imports in that area in providing import relief, if any, which may include actions authorized under paragraph (1), </content> </paragraph> </subsection> </section> </chapter> <page identifier="/us/stat/88/2019">88 <inline class="smallCaps">Stat</inline>. 2019</page> <chapter> <num value="2">CHAPTER 2—</num> <heading class="centered">ADJUSTMENT ASSISTANCE FOR WORKERS</heading> <subchapter> <num value="A">Subchapter A—</num> <heading class="centered">Petitions and Determinations</heading> <section class="fontsize10"> <num value="221">SEC. 221. </num> <heading>PETITIONS.</heading><sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">A petition for a certification of eligibility to apply for adjustment assistance under this chapter may be filed with the Secretary of Labor (hereinafter in this chapter referred to as the “Secretary”) by a group of workers or by their certified or recognized union or other duly authorized representative. Upon receipt of the petition, the<sidenote><p class="firstIndent1 fontsize8">Hearing.</p></sidenote> Secretary shall promptly publish notice in the Federal Register that he has received the petition and initiated an investigation.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">If the petitioner, or any other person found by the Secretary<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2272">19 USC 2272.</ref></p></sidenote> to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary’s publication under subsection (a) a request for a hearing, the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard.</content> </subsection> </section> <section class="fontsize10"> <num value="222">SEC. 222. </num> <heading>GROUP ELIGIBILITY REQUIREMENTS.</heading><sidenote><p class="firstIndent1 fontsize8">“Contributed importantly.”</p></sidenote> <chapeau>The Secretary shall certify a group of workers as eligible to apply for adjustment assistance under this chapter if he determines—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">that a significant number or proportion of the workers in such workers’ firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">that sales or production, or both, of such firm or subdivision have decreased absolutely, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">that increases of imports of articles like or directly competitive with articles produced by such workers’ firm or an appropriate subdivision thereof contributed importantly to such total or partial separation, or threat thereof, and to such decline in sales or production.</content> </paragraph> <continuation class="fontsize10">For purposes of paragraph (3), the term “contributed importantly”<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2273">19 USC 2273.</ref></p></sidenote> means a cause which is important but not necessarily more important than any other cause.</continuation> </section> <section class="fontsize10"> <num value="223">SEC. 223. </num> <heading>DETERMINATIONS BY SECRETARY OF LABOR.</heading><sidenote><p class="firstIndent1 fontsize8">Certification of eligibility.</p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">As soon as possible after the date on which a petition is filed<sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> under section 221, but in any event not later than 60 days after that date, the Secretary shall determine whether the petitioning group meets the requirements of section 222 and shall issue a certification of eligibility to apply for assistance under this chapter covering workers in any group which meets such requirements. Each certification shall specify the date on which the total or partial separation began or threatened to begin.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">A certification under this section shall not apply to any worker whose last total or partial separation from the firm or appropriate subdivision of the firm before his application under section 231 occurred—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">more than one year before the date of the petition on which such certification was granted, or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">more than 6 months before the effective date of this chapter. </content> </paragraph> </subsection> <page identifier="/us/stat/88/2020">88 <inline class="smallCaps">Stat</inline>. 2020</page> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>(c) </num> <content class="inline">Upon reaching his determination on a petition, the Secretary shall promptly publish a summary of the determination in the Federal Register together with his reasons for making such determination.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">Whenever the Secretary determines, with respect to any certification of eligibility of the workers of a firm or subdivision of the firm, that total or partial separations from such firm or subdivision are no longer attributable to the conditions specified in section 222, he <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2274">19 USC 2274.</ref></p></sidenote>shall terminate such certification and promptly have notice of such termination published in the Federal Register together with his reasons for making such determination. Such termination shall apply only with respect to total or partial separations occurring after the termination date specified by the Secretary.</content> </subsection> </section> <section class="fontsize10"> <num value="224"><sidenote><p class="firstIndent1 fontsize8">Report to President.</p></sidenote>SEC. 224. </num> <heading>STUDY BY SECRETARY OF LABOR WHEN INTERNATIONAL TRADE COMMISSION BEGINS INVESTIGATION; ACTION WHERE THERE IS AFFIRMATIVE FINDING.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <chapeau class="inline">Whenever the International Trade Commission (hereafter referred to in tins chapter as the “Commission”) begins an investigation under section 201 with respect to an industry, the Commission shall immediately notify the Secretary of such investigation, and the Secretary shall immediately begin a study of—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the number of workers in the domestic industry producing the like or directly competitive article who have been or are likely to be certified as eligible for adjustment assistance, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the extent to which the adjustment of such workers to the import competition may be facilitated through the use of existing programs.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>(b) </num> <content class="inline">The report, of the Secretary of the study under subsection (a) shall be made to the President not later than 15 days after the day on <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2291">19 USC 2291.</ref></p></sidenote>which the Commission makes its report under section 201. Upon making his report to the President, the Secretary shall also promptly make it public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of it published in the Federal Register.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Whenever the Commission makes an affirmative finding under section 201(b) that increased imports are a substantial cause of serious injury or threat thereof with respect to an industry, the Secretary shall make available, to the extent feasible, full information to the workers in such industry about programs which may facilitate the adjustment to import competition of such workers, and he shall provide assistance in the preparation and processing of petitions and applications of such workers for program benefits.</content> </subsection> </section> </subchapter> <subchapter> <num value="B">Subchapter B—</num> <heading class="centered">Program Benefits</heading> <part> <num value="I">PART I—</num> <heading class="centered">TRADE READJUSTMENT ALLOWANCES</heading> <section class="fontsize10"> <num value="231"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2292">19 USC 2292.</ref></p></sidenote>SEC. 231. </num> <heading>QUALIFYING REQUIREMENTS FOR WORKERS.</heading> <chapeau>Payment of a trade readjustment allowance shall be made to an adversely affected worker covered by a certification under subchapter A who files an application for such allowance for any week of unemployment which begins after the date specified in such certification pursuant to section 223(a), if the following conditions are met:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">Such worker’s last total or partial separation before his application under this chapter, occurred—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">on or after the date, as specified in the certification under which he is covered, on which total or partial separation began or threatened to begin in the adversely affected employment, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">before the expiration of the 2-year period beginning on the date on which the determination under section 223 was made, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">before the termination date (if any) determined pursuant to section 223(d); and</content> </subparagraph> </paragraph> <page identifier="/us/stat/88/2021">88 <inline class="smallCaps">Stat</inline>. 2021</page> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Such worker had, in the 52 weeks immediately preceding such total or partial separation, at least 26 weeks of employment at wages of $30 or more a week in adversely affected employment with a single firm or subdivision of a firm, or, if data with respect to weeks of employment are not available, equivalent amounts of employment computed under regulations prescribed by the Secretary.</content> </paragraph> </section> <section class="fontsize10"> <num value="232">SEC. 232. </num> <heading>WEEKLY AMOUNTS.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2293">19 USC 2293.</ref></p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <chapeau class="inline">Subject to the other provisions of this section, the trade readjustment allowance payable to an adversely affected worker for a week of unemployment shall be—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">70 percent of his average weekly wage (but not in excess of the average weekly manufacturing wage), reduced by</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">50 percent of the amount of the remuneration for services performed during such week.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Any adversely affected worker who is entitled to trade readjustment allowances and who is undergoing training approved by the Secretary, including on-the-job training, shall receive for each week in which he is undergoing any such training, a trade readjustment allowance in an amount (computed for such week) equal to the amount computed under subsection (a) or (if greater) the amount of any weekly allowance for such training to which he would be entitled under any other Federal law for the training of workers, if he applied for such allowance. Such trade readjustment allowance shall be paid in lieu of any training allowance to which the worker would be entitled under such other Federal law.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The amount of trade readjustment allowance payable to an adversely affected worker under subsection (a) for any week shall be reduced by any amount of unemployment insurance which he receives, or which he would receive if he applied for such insurance, with respect to such week; but, if the appropriate State or Federal agency finally determines that the worker was not entitled to unemployment insurance with respect to such week, the reduction shall not apply with respect to such week.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">If unemployment insurance, or a t raining allowance under any Federal law, is paid to an adversely affected worker for any week of unemployment with respect to which he would he entitled (determined without regard to subsection (c) or (e) or to any disqualification under section 236(c)) to a trade readjustment allowance if he applied for such allowance, each such week shall be deducted from the total number of weeks of trade readjustment allowance otherwise, payable to him under section 233(a) when he applies for a trade readjustment allowance and is determined to be entitled to such allowance. If the unemployment insurance or the training allowance paid to such worker for any week of unemployment is less than the amount of the trade readjustment allowance to which he would be entitled if he applied for such allowance, he shall receive, when he applies for a <page identifier="/us/stat/88/2022">88 <inline class="smallCaps">Stat</inline>. 2022</page>trade readjustment allowance and is determined to be entitled to such allowance, a trade readjustment allowance for such week equal to such difference.</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">Whenever, with respect to any week of unemployment, the total amount payable to an adversely affected worker as remuneration for services performed during such week, as unemployment insurance, as a training allowance referred to in subsection (d), and as a trade readjustment allowance exceeds 80 percent of his average weekly wage (or, if lesser. 130 percent of the average weekly manufacturing wage), then his trade readjustment allowance for such week shall be reduced by the amount of such excess.</content> </subsection> <subsection class="firstIndent1"> <num value="f">(f) </num> <content class="inline">The amount of any weekly payment to be made under this section which is not a whole dollar amount shall be rounded upward to the next higher whole dollar amount.</content> </subsection> </section> <section class="fontsize10"> <num value="233"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2294">19 USC 2294.</ref></p></sidenote>SEC. 233. </num> <heading>TIME LIMITATIONS ON TRADE READJUSTMENT ALLOWANCES.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <chapeau class="inline">Payment of trade readjustment allowances shall not be made to an adversely affected worker for more than 52 weeks, except that, in accordance with regulations prescribed by the Secretary—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">such payments may be made for not more than 26 additional weeks to an adversely affected worker to assist him to complete training approved by the Secretary, or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">such payments shall be made for not more than 26 additional weeks to an adversely affected worker who had reached his 60th birthday on or before the date of total or partial separation.</content> </paragraph> <continuation class="fontsize10">In no case may an adversely affected worker be paid trade readjustment allowances for more than 78 weeks.</continuation> </subsection> <subsection class="firstIndent1"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Except for a payment made for an additional week under subsection (a) (1) or (a) (2), a trade readjustment allowance may not be paid for a week of unemployment, beginning more than 2 years after the beginning of the appropriate week.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">A trade readjustment allowance may not be paid for an additional week specified in subsection (a) (1) if the adversely affected worker who would receive such allowance did not make a bona fide application to a training program approved by the Secretary within 180 days after the end of the appropriate week or the date of his first certification of eligibility to apply for adjustment assistance issued by the Secretary, whichever is later.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">A trade readjustment allowance may not be paid for an additional week specified in subsection (a) if such additional week begins more than 3 years after the beginning of the appropriate week.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <chapeau class="inline">For purposes of this subsection, the appropriate week—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">for a totally separated worker is the week of his most recent total separation, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">for a partially separated worker is the first week for which he receives a trade readjustment allowance following his most recent partial separation.</content> </subparagraph> </paragraph> </subsection> </section> <section class="fontsize10"> <num value="234"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2295">19 USC 2295.</ref></p></sidenote>SEC. 234. </num> <heading>APPLICATION OF STATE LAWS.</heading> <chapeau>Except where inconsistent with the provisions of this chapter and subject to such regulations as the Secretary may prescribe, the availability and disqualification provisions of the State law—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">under which an adversely affected worker is entitled to unemployment insurance (whether or not he has filed a claim for such insurance), or </content> </paragraph> <page identifier="/us/stat/88/2023">88 <inline class="smallCaps">Stat</inline>. 2023</page> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">if he is not so entitled to unemployment insurance, of the State in which he was totally or partially separated,</content> </paragraph> <continuation class="fontsize10">shall apply to any such worker who files a claim for trade readjustment allowances. The State law so determined with respect to a separation of a worker shall remain applicable, for purposes of the preceding sentence, with respect to such separation until such worker becomes entitled to unemployment insurance under another State law (whether or not he has filed a claim for such insurance).</continuation> </section> </part> <part> <num value="II">PART II—</num> <heading class="centered">TRAINING AND RELATED SERVICES</heading> <section class="fontsize10"> <num value="235">SEC. 235. </num> <heading>EMPLOYMENT SERVICES.</heading><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2019.</p></sidenote> <content>The Secretary shall make every reasonable effort to secure for adversely affected workers covered by a certification under subchapter A of this chapter counseling, testing, and placement services, and supportive<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2296">19 USC 2296.</ref></p></sidenote> and other services, provided for under any other Federal law. The Secretary shall, whenever appropriate, procure such services through agreements with cooperating State agencies.</content> </section> <section class="fontsize10"> <num value="236">SEC. 236. </num> <heading>TRAINING.</heading><sidenote><p class="firstIndent1 fontsize8">Supplemental assistance.</p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">If the Secretary determines that there is no suitable employment available for an adversely affected worker covered by a certification under subchapter A of this chapter, but that suitable employment (which may include technical and professional employment) would be available if the worker received appropriate training, he may approve such training. Insofar as possible, the Secretary shall provide or assure the provision of such training on the job.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The Secretary may, where appropriate, authorize supplemental<sidenote><p class="firstIndent1 fontsize8">Limitations.</p></sidenote> assistance necessary to defray transportation and subsistence expenses for separate maintenance when training is provided in facilities which are not within commuting distance of a worker’s regular place of residence. The Secretary shall not authorize payments for subsistence<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2297">19 USC 2297.</ref></p></sidenote> exceeding $15 per day; nor shall he authorize payments for transportation expenses exceeding 12 cents per mile.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Any adversely affected worker who, without good cause, refuses to accept or continue, or fails to make satisfactory progress in, suitable training to which he has been referred by the Secretary sir all not thereafter be entitled to payments under this chapter until he enters or resumes the training to which he has been so referred.</content> </subsection> </section> </part> <part> <num value="III">PART III—</num> <heading class="centered">JOB SEARCH AND RELOCATION ALLOWANCES</heading> <section class="fontsize10"> <num value="237">SEC. 237. </num> <heading>JOB SEARCH ALLOWANCES.</heading><sidenote><p class="firstIndent1 fontsize8">Limitation.</p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">Any adversely affected worker covered by a certification under subchapter A of this chapter who has been totally separated may file an application with the Secretary for a job search allowance. Such allowance, if granted, shall provide reimbursement to the worker of 80 percent of the cost of his necessary job search expenses as prescribed by regulations of the Secretary; except that such reimbursement<sidenote><p class="firstIndent1 fontsize8">Conditions.</p></sidenote> may not exceed $500 for any worker.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">A job search allowance may be granted only—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2298">19 USC 2298.</ref></p></sidenote></chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">to assist an adversely affected worker in seeming a job within the United States;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">where the Secretary determines that such worker cannot reasonably be expected to secure suitable employment in the commuting area in which he resides; and </content> </paragraph> <page identifier="/us/stat/88/2024">88 <inline class="smallCaps">Stat</inline>. 2024</page> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">where the worker has filed an application for such allowance with the Secretary no later than 1 year after the date of his last total separation before his application under this chapter or (in the case of a worker who has been referred to training by the Secretary) within a reasonable period of time after the conclusion of such training period.</content> </paragraph> </subsection> </section> <section class="fontsize10"> <num value="238"><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2019</p></sidenote>SEC. 238. </num> <heading>RELOCATION ALLOWANCES.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">Any adversely affected worker covered by a certification under <sidenote><p class="firstIndent1 fontsize8">Conditions.</p></sidenote>subchapter A of this chapter who has been totally separated may file an application with the Secretary for a relocation allowance, subject to the terms and conditions of this section.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">“Relocation allowance.”</p></sidenote>(b) </num> <chapeau class="inline">A relocation allowance may be granted only to assist an adversely affected worker in relocating within the United States and only if the Secretary determines that such worker cannot reasonably be expected to secure suitable employment in the commuting area in which he resides and that such worker—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">has obtained suitable employment affording a reasonable expectation of long-term duration in the area in which he wishes to relocate, or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">has obtained a bona fide offer of such employment.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <chapeau class="inline">A relocation allowance shall not be granted to such worker unless—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">for the week in which the application for such allowance is filed, he is entitled to a trade readjustment allowance (determined without regard to section 232 (c) and (e)) or would be so entitled (determined without regard to whether be filed application therefor) but for the the fact that he has obtained the employment referred to in subsection (b) (1), and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">such relocation occurs within a reasonable period after the filing of such application or (in the case of a worker who has been referred to training by the Secretary) within a reasonable period after the conclusion of such training.</content> </paragraph> <continuation class="fontsize10">Under regulations prescribed by the Secretary, a relocation allowance shall not be granted to more than one member of the family with respect to the same relocation.</continuation> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2311">19 USC 2311.</ref></p></sidenote>(d) </num> <chapeau class="inline">For the purposes of this section, the term “relocation allowance” means—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">80 percent of the reasonable and necessary expenses, as specified in regulations prescribed by the Secretary, incurred in transporting a worker and his family, if any, and household effects, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">a lump sum equivalent to three times the worker’s average weekly wage, up to a maximum payment of $500.</content> </paragraph> </subsection> </section> </part> </subchapter> <subchapter> <num value="C">Subchapter C—</num> <heading class="centered">General Provisions</heading> <section class="fontsize10"> <num value="239"><sidenote><p class="firstIndent1 fontsize8">Terms and conditions.</p></sidenote>SEC. 239. </num> <heading>AGREEMENTS WITH STATES.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">The Secretary is authorized on behalf of the United States to enter into an agreement with any State, or with any State agency (referred to in this subchapter as “cooperating States” and “cooperating States agencies” respectively). Under such an agreement, the cooperating State agency (1) as agent of the United States, will receive applications for, and will provide, payments on the basis provided in this chapter, (2) where appropriate, will afford adversely affected workers who apply for payments under this chapter testing, counsel-<page identifier="/us/stat/88/2025">88 <inline class="smallCaps">Stat</inline>. 2025</page>ing, referral to training, and placement services, and (3) will otherwise cooperate with the Secretary and with other State and Federal agencies in providing payments and services under this chapter.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Each agreement under this subchapter shall provide the terms<sidenote><p class="firstIndent1 fontsize8">Unemployment insurance.</p></sidenote> and conditions upon which the agreement may be amended, suspended, or terminated.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Each agreement under this subchapter shall provide that unemployment<sidenote><p class="firstIndent1 fontsize8">Entitlement to benefits, review.</p></sidenote> insurance otherwise payable to any adversely affected worker will not be denied or reduced for any week by reason of any right to payments under this chapter.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">A determination by a cooperating State agency with respect to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s3302">26 USC 3302.</ref></p></sidenote> entitlement to program benefits under an agreement is subject to review in the same manner and to the same extent as determinations under the applicable State law and only in that manner and to that extent.</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">Section 3302(c) of the Internal Revenue Code of 1954 (relating<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2024.</p></sidenote> to credits against Federal unemployment tax) is amended by inserting after paragraph (3) the following new paragraph: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <chapeau class="inline">If the Secretary of Labor determines that a State, or State agency, has not—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">entered into the agreement described in section 239 of the Trade Act of 1974, with the Secretary of Labor before<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2312">19 USC 2312.</ref></p><p class="firstIndent1 fontsize8">Hearing.</p></sidenote> July 1, 1975, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">fulfilled its commitments under an agreement with the Secretary of Labor as described in section 239 of the Trade Act of 1974,</content> </subparagraph> <continuation class="fontsize10">then, in the case of a taxpayer subject to the unemployment compensation law of such State, the total credits (after applying subsections (a) and (b) and paragraphs (1), (2), and (3) of this section) otherwise allowable under this section for a year during which such State or agency does not enter into or fulfill such an agreement shall be reduced by 15 percent of the tax imposed with respect to wages paid by such taxpayer during such year which are attributable to such State.”.</continuation> </paragraph> </quotedContent> </content> </subsection> </section> <section class="fontsize10"> <num value="240">SEC. 240. </num> <heading>ADMINISTRATION ABSENT STATE AGREEMENT.</heading><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2020.</p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">In any State where there is no agreement in force between a State or its agency under section 239, the Secretary shall arrange under regulations prescribed by him for performance of all necessary functions under subchapter B of this chapter, including provision<sidenote><p class="firstIndent1 fontsize8">Judicial review.</p></sidenote> for a fair hearing for any worker whose application for payments is denied.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">A final determination under subsection (a) with respect to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2313">19 USC 2313.</ref></p></sidenote> entitlement to program benefits under subchapter B of this chapter is subject to review by the courts in the same manner and to the same extent as is provided by section 205(g) of the Social Security Act (42 U.S.C. sec. 405(g)).</content> </subsection> </section> <section class="fontsize10"> <num value="241">SEC. 241. </num> <heading>PAYMENTS TO STATES.</heading><sidenote><p class="firstIndent1 fontsize8">Surety bond to U.S.</p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each cooperating State the sums necessary to enable such State as agent of the United States to make payments provided for by this chapter. The Secretary of the Treasury, prior to audit or settlement by the General Accounting Office, shall make payment to the State from the Adjustment Assistance Trust Fund established in section 245 in accordance with such certification. </content> </subsection> <page identifier="/us/stat/88/2026">88 <inline class="smallCaps">Stat</inline>. 2026</page> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">All money paid a State under this section shall be used solely for the purposes for which it is paid; and money so paid which is not used for such purposes shall be returned, at the time specified in the agreement under this subchapter, to the Secretary of the Treasury and credited to Adjustment Assistance Trust Fund.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2314">19 USC 2314.</ref></p></sidenote>(c) </num> <content class="inline">Any agreement under this subchapter may require any officer or employee of the State certifying payments or disbursing funds under the agreement or otherwise participating in the performance of the agreement, to give a surety bond to the United States in such amount as the Secretary may deem necessary, and may provide for the payment of the cost of such bond from funds for carrying out the purposes of this chapter.</content> </subsection> </section> <section class="fontsize10"> <num value="242"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2315">19 USC 2315.</ref></p></sidenote>SEC. 242. </num> <heading>LIABILITIES OF CERTIFYING AND DISBURSING OFFICERS.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">No person designated by the Secretary, or designated pursuant to an agreement under this subchapter, as a certifying officer, shall, in the absence of gross negligence or intent to defraud the United States, be liable with respect to any payment certified by him under this chapter.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">No disbursing officer shall, in the absence of gross negligence or intent to defraud the United States, be liable with respect to any payment by him under this chapter if it was based upon a voucher signed by a certifying officer designated as provided in subsection (a).</content> </subsection> </section> <section class="fontsize10"> <num value="243"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2316">19 USC 2316.</ref></p></sidenote>SEC. 243. </num> <heading>RECOVERY OF OVERPAYMENTS.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <chapeau class="inline">If a cooperating State agency or the Secretary, or a court of competent jurisdiction finds that any person—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">has made or has caused to be made by another, a false statement or representation of a material fact knowing it to be false, or has knowingly failed or caused another to fail to disclose a material fact; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">as a result of such action has received any payment under this chapter to which he was not entitled,</content> </paragraph> <continuation class="fontsize10">such person shall be liable to repay such amount to the State agency or the Secretary as the case may be, or either may recover such amount by deductions from any sums payable to such person under this chapter. Any such finding by a State agency or the Secretary may be made only after an opportunity for a fair hearing.</continuation> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Any amount repaid to a State agency under this section shall be deposited into the fund from which payment was made. Any amount repaid to the Secretary under this section shall be returned to the Secretary of the Treasury and credited to the Adjustment Assistance Trust Fund.</content> </subsection> </section> <section class="fontsize10"> <num value="244"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2317">19 USC 2317.</ref></p></sidenote>SEC. 244. </num> <heading>PENALTIES.</heading> <content>Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for himself or for any other person any payment authorized to be furnished under this chapter or pursuant to an agreement under section 239 shall be fined not more than $1,000 or imprisoned for not more than one year, or both.</content> </section> <section class="fontsize10"> <num value="245"><sidenote><p class="firstIndent1 fontsize8">Adjustment Assistance Trust Fund.</p><p class="firstIndent1 fontsize8">Establishment.</p></sidenote>SEC. 245. </num> <heading>CREATION OF TRUST FUND; AUTHORIZATION OF APPROPRIATIONS OUT OF CUSTOMS RECEIPTS.</heading> <subsection class="firstIndent1"> <num value="a"><sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote>(a) </num> <content class="inline">There is hereby established on the books of the Treasury of the United States a trust fund to be known as the “Adjustment Assistance Trust Fund” (referred to in this section as the “Trust Fund”). <page identifier="/us/stat/88/2027">88 <inline class="smallCaps">Stat</inline>. 2027</page>The Trust Fund shall consist of such amounts as may be deposited in it pursuant to the authorization contained in subsection (b). Amounts in the Trust Fund may be used only to carry out the provisions of this chapter (including administrative costs). The Secretary of the<sidenote><p class="firstIndent1 fontsize8">Appropriations.</p></sidenote> Treasury shall be the trustee of the Trust Fund and shall report to the Congress not later than March 1 of each year on the operation and status of the Trust Fund during the preceding fiscal year.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">There are hereby authorized to be appropriated to the Trust<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2313">19 USC 2313.</ref></p></sidenote> Fund, out of amounts in the general fund of the Treasury attributable to the collections of customs duties not otherwise appropriated, for each fiscal year ending after the date of the enactment of this Act, such sums as may be necessary to carry out the provisions of this chapter (including administrative costs).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">There are authorized to be appropriated to the Trust Fund, for purposes of training (including administrative costs) under section 236 such sums as may be necessary.</content> </paragraph> </subsection> </section> <section class="fontsize10"> <num value="246">SEC. 246. </num> <heading>TRANSITIONAL PROVISIONS.</heading><sidenote><p class="firstIndent1 fontsize8">Eligible applicants.</p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">Where a group of workers has been certified as eligible to apply<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1902">19 USC 1902.</ref></p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1941">19 USC 1941.</ref></p> </sidenote> for adjustment assistance under section 302(b) (2) or (c) of the Trade Expansion Act of 1962, any worker who has not had an application for<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2020.</p></sidenote> trade readjustment allowances under section 322 of that Act denied before the effective date of this chapter may apply under section 231 of this Act as if the group certification under which he claims coverage<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1901">19 USC 1901.</ref></p></sidenote> had been made under subchapter A of this chapter.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">In any case where a group of workers or their certified or recognized union or other duly authorized representative has filed a petition under section 301(a)(2) of the Trade Expansion Act of 1962, more<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1801">19 USC 1801 note.</ref></p></sidenote> than 4 months before the effective date of this chapter and</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the Commission has not rejected such petition before the effective date of this chapter, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the President or his delegate has not issued a certification under section 302(c) of that Act to the petitioning group before the effective date of this chapter,</content> </paragraph> <continuation class="fontsize10">such group or representative thereof may file a new petition under section 221 of this Act, not later than 90 days after the effective date of this chapter. For purposes of section 223(b)(1), the date on which such group or representative filed the petition under the Trade Expansion Act of 1962 shall apply. Section 223(b) (2) shall not apply to workers<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1931">19 USC 1931.</ref></p></sidenote> covered by a certification issued pursuant to a petition meeting the requirements of this subsection.</continuation> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">A group of workers may file a petition under section 221 covering weeks of unemployment (as defined in the Trade Expansion Act of 1962) beginning before the effective date of this chapter, or covering such weeks and also weeks of unemployment beginning on or after the effective date of this chapter.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <chapeau class="inline">Any worker receiving payments pursuant to this section shall be entitled—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">for weeks of unemployment (as defined in the Trade Expansion Act of 1962) beginning before the effective date of this chapter, to the rights and privileges provided in chapter 3 of title III of such Act, and<sidenote><p class="firstIndent1 fontsize8">Data, availability.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1901">19 USC 1901.</ref></p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">for weeks of unemployment beginning on or after the effective date of this chapter, to the rights and privileges provided in this chapter, except that the total number of weeks of unemployment, as defined in the Trade Expansion Act of 1962, for which trade readjustment allowances were payable under that <page identifier="/us/stat/88/2028">88 <inline class="smallCaps">Stat</inline>. 2028</page>Act shall be deducted from the total number of weeks of unemployment for which an adversely affected worker is eligible for trade readjustment allowances under this chapter.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1902">19 USC 1902.</ref></p></sidenote>(e) </num> <content class="inline">The Commission shall make available to the Secretary on request data it has acquired in investigations under section 301 of the Trade Expansion Act of 1962 concluded within the 2-year period ending on the effective date of this chapter which did not result in Presidential <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2319">19 USC 2319.</ref></p></sidenote>action under section 302(a) (3) or 302(c) of that Act.</content> </subsection> </section> <section class="fontsize10"> <num value="247"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s3304">26 USC 3304.</ref></p></sidenote>SEC. 247. </num> <heading>DEFINITIONS.</heading> <chapeau>For purposes of this chapter—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The term “adversely affected employment” means employment in a firm or appropriate subdivision of a firm, if workers of such firm or subdivision are eligible to apply for adjustment assistance under this chapter.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">The term “adversely affected worker” means an individual who, because of lack of work in adversely affected employment—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">has been totally or partially separated from such employment, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">has been totally separated from employment with the firm in a subdivision of which such adversely affected employment exists.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The term “average weekly manufacturing wage” means the national gross average, weekly earnings of production workers in manufacturing industries for the latest calendar year (as officially published annually by the Bureau of Labor Statistics of the Department of Labor) most recently published before the period for which the assistance under this chapter is furnished.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">The term “average weekly wage” means one-thirteenth of the total wages paid to an individual in the high quarter. For purposes of this computation, the high quarter shall be that quarter in which the individual’s total wages were highest among the first 4 of the last 5 completed calendar quarters immediately before the quarter in which occurs the week with respect to which the computation is made. Such week shall be the week in which total separation occurred, or, in cases where partial separation is claimed, an appropriate week, as defined in regulations prescribed by the Secretary.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">The term “average weekly hours” means the average hours worked by the individual (excluding overtime) in the employment from which he has been or claims to have been separated in the 52 weeks (excluding weeks during which the individual was sick or on vacation) preceding the week specified in the last sentence of paragraph (4).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <chapeau class="inline">The term “partial separation” means, with respect to an individual who has not been totally separated, that he has had—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">his hours of work reduced to 80 percent or less of his average weekly hours in adversely affected employment, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">his wages reduced to 80 percent or less of his average weekly wage in such adversely affected employment.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">The term “remuneration” means wages and net earnings derived from services performed as a self-employed individual.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">(8) </num> <content class="inline">The term “State” includes the District of Columbia and the Commonwealth of Puerto Rico; and the term “United States” when used in the geographical sense includes such Commonwealth.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">(9) </num> <content class="inline">The term “State agency” means the agency of the State which administers the State law. </content> </paragraph> <page identifier="/us/stat/88/2029">88 <inline class="smallCaps">Stat</inline>. 2029</page> <paragraph class="indent1 fontsize10"> <num value="10">(10) </num> <content class="inline">The term “State law” means the unemployment insurance law of the State approved by the Secretary of Labor under section 3304 of the Internal Revenue Code of 1954.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s8501">5 USC 8501.</ref></p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t45/s367">45 USC 367.</ref></p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="11">(11) </num> <content class="inline">The term “total separation” means the layoff or severance of an individual from employment with a firm in which, or in a subdivision of which, adversely affected employment exists.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="12">(12) </num> <content class="inline">The term “unemployment insurance” means the unemployment insurance payable to an individual under any State law or Federal unemployment insurance law, including chapter 85 of title 5, United States Code, and the Railroad Unemployment<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2320">19 USC 2320.</ref></p></sidenote> Insurance Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="13">(13) </num> <content class="inline">The term “week” means a week as defined in the applicable State law.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="14">(14) </num> <chapeau class="inline">The term “week of unemployment” means with respect to an individual any week for which his remuneration for services performed during such week is less than 80 percent of his average weekly wage and in which, because of lack of work—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">if he has been totally separated, he worked less than the full-time week (excluding overtime) in his current occupation, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">if he has been partially separated, he worked 80 percent or less of his average weekly hours.</content> </subparagraph> </paragraph> </section> <section class="fontsize10"> <num value="248">SEC. 248. </num> <heading>REGULATIONS.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2321">19 USC 2321.</ref></p></sidenote> <content>The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this chapter.</content> </section> <section class="fontsize10"> <num value="249">SEC. 249. </num> <heading>SUBPENA POWER.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2322">19 USC 2322.</ref></p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">The Secretary may require by subpena the attendance of witnesses and the production of evidence necessary for him to make a determination under the provisions of this chapter.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">If a person refuses to obey a subpena issued under subsection (a), a United States district court within the jurisdiction of which the relevant proceeding under this chapter is conducted may, upon petition by the Secretary, issue an order requiring compliance with such subpena.</content> </subsection> </section> <section class="fontsize10"> <num value="250">SEC. 250. </num> <heading>JUDICIAL REVIEW.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2341">19 USC 2341.</ref></p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">A worker, group of workers, certified or recognized union, or an authorized representative of such worker or group, aggrieved by a final determination by the Secretary under the provisions of section 22.3 may, within 60 days after notice of such determination, file a petition for review of such determination with the United States court of appeals for the circuit in which such worker or group is located or in the United States Court of Appeals for the District of Columbia Circuit. The clerk of such court shall send a copy of such petition to the Secretary. Upon receiving such petition, the Secretary shall promptly certify and file in such court the record on which he based such determination.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.</content> </subsection> <page identifier="/us/stat/88/2030">88 <inline class="smallCaps">Stat</inline>. 2030</page> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.</content> </subsection> </section> </subchapter> </chapter> <chapter> <num value="3">CHAPTER 3—</num> <heading class="centered">ADJUSTMENT ASSISTANCE FOR FIRMS</heading> <section class="fontsize10"> <num value="251"><sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>SEC. 251. </num> <heading>PETITIONS AND DETERMINATIONS.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">A petition for a certification of eligibility to apply for adjustment assistance under this chapter may be filed with the Secretary of Commerce (hereinafter in this chapter referred to as the “Secretary”) <sidenote><p class="firstIndent1 fontsize8">“Contributed importantly.”</p></sidenote>by a firm or its representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that he has received the petition and initiated an investigation.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">If the petitioner, or any other person, organization, or group found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary’s publication under subsection (a) a request for a hearing, the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <chapeau class="inline">The Secretary shall certify a firm as eligible to apply for adjustment assistance under this chapter if he determines—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">that a significant number or proportion of the workers in such firm have become totally or partially separated, or are threatened to become totally or partially separated,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">that sales or production, or both, of such firm have decreased absolutely, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">that increases of imports of articles like or directly competitive with articles produced by such firm contributed importantly to such total or partial separation, or threat thereof, and to such decline in sales or production.</content> </paragraph> <continuation class="fontsize10"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2342">19 USC 2342.</ref></p></sidenote>For purposes of paragraph (3), the term “contributed importantly” means a cause which is important but not necessarily more important than any other cause.</continuation> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">A determination shall be made by the Secretary as soon as possible after the date on which the petition is filed under this section, but in any event not later than 60 days after that date.</content> </subsection> </section> <section class="fontsize10"> <num value="252"><sidenote><p class="firstIndent1 fontsize8">Filing of application.</p></sidenote>SEC. 252. </num> <heading>APPROVAL OF ADJUSTMENT PROPOSALS.</heading> <subsection class="firstIndent1"> <num value="a"><sidenote><p class="firstIndent1 fontsize8">Approval conditions.</p></sidenote>(a) </num> <content class="inline">A firm certified under section 251 as eligible to apply for adjustment assistance may, at any time within 2 years after the date of such certification, file an application with the Secretary for adjustment assistance under this chapter. Such application shall include a proposal for the economic adjustment of such firm.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Adjustment assistance under this chapter consists of technical assistance and financial assistance, which may be furnished singly <sidenote><p class="firstIndent1 fontsize8">Technical assistance.</p></sidenote>or in combination. The Secretary shall approve a firm’s application for adjustment assistance only if he determines—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">that the firm has no reasonable access to financing through the private capital market, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <chapeau class="inline">that the firm’s adjustment proposal—</chapeau> <clause class="indent3 fontsize10"> <num value="i">(i) </num> <content class="inline">is reasonably calculated materially to contribute to the economic adjustment of the firm,</content> </clause> <page identifier="/us/stat/88/2031">88 <inline class="smallCaps">Stat</inline>. 2031</page> <clause class="indent3 fontsize10"> <num value="ii">(ii) </num> <content class="inline">gives adequate consideration to the interests of the workers of such firm, and</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">(iii) </num> <content class="inline">demonstrates that the firm will make all reasonable efforts to use its own resources for economic development.</content> </clause> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Secretary shall make a determination as soon as possible after the date on which an application is filed under this section, but in no event later than 60 days after such date.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">In order to assist a firm which has been certified as eligible<sidenote><p class="firstIndent1 fontsize8">Termination; publication in Federal Register.</p></sidenote> to apply for adjustment assistance under this chapter in preparing a viable adjustment proposal, the Secretary may furnish technical assistance to such firm.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">Whenever the Secretary determines that any firm no longer<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2343">19 USC 2343.</ref></p></sidenote> requires assistance under this chapter, he shall terminate the certification of eligibility of such firm and promptly have notice of such termination published in the Federal Register. Such termination shall take effect on the termination date specified by the Secretary.</content> </subsection> </section> <section class="fontsize10"> <num value="253">SEC. 253. </num> <heading>TECHNICAL ASSISTANCE.</heading><sidenote><p class="firstIndent1 fontsize8">Terms and conditions.</p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <chapeau class="inline">The technical assistance furnished under this chapter shall consist of—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">assistance to the firm in developing a proposal for its economic adjustment.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">assistance in the implementation of such a proposal, or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">both.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The Secretary may provide to a firm certified under section<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2344">19 USC 2344.</ref></p></sidenote> 251, on such terms and conditions as he determines to be appropriate, such technical assistance as in his judgment will carry out the purposes of this chapter with respect to such firm.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The Secretary shall furnish technical assistance under this chapter through existing agencies and through private individuals, firms, and institutions. In the case of assistance furnished through private individuals, firms, and institutions (including private consulting services), the Secretary may share the cost thereof (but not more than 75 percent of such cost may be borne by the United States).</content> </subsection> </section> <section class="fontsize10"> <num value="254">SEC. 254. </num> <heading>FINANCIAL ASSISTANCE.</heading><sidenote><p class="firstIndent1 fontsize8">Terms and conditions.</p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">The Secretary may provide to a firm, on such terms and conditions<sidenote><p class="firstIndent1 fontsize8">Direct loans, restriction.</p></sidenote> as he determines to be appropriate, such financial assistance in the form of direct loans or guarantees of loans as in his judgment will materially contribute to the economic adjustment of the firm. The assumption of an outstanding indebtedness of the firm, with or without recourse, shall be considered to be the making of a loan for purposes of this section.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">Loans or guarantees of loans shall be made under this chapter only for the purpose of making funds available to the firm—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">for acquisition, construction, installation, modernization, development, conversion, or expansion of land, plant, buildings, equipment, facilities, or machinery, or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">to supply such working capital as may be necessary to enable the firm to implement its adjustment proposal.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">To the extent that loan funds can be obtained from private<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2345">19 USC 2345.</ref></p></sidenote> sources (with or without a guarantee) at the rate provided in the first sentence of section 255(b), no direct loan shall be provided to a firm under this chapter.</content> </subsection> </section> <section class="fontsize10"> <num value="255">SEC. 255. </num> <heading>CONDITIONS FOR FINANCIAL ASSISTANCE.</heading><sidenote><p class="firstIndent1 fontsize8">Interest rate.</p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <chapeau class="inline">No financial assistance shall be provided under this chapter unless the Secretary determines—</chapeau> <page identifier="/us/stat/88/2032">88 <inline class="smallCaps">Stat</inline>. 2032</page> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">that the funds required are not available from the firm’s own resources; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">that there is reasonable assurance of repayment of the loan.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Maturities, limitation.</p></sidenote>(b) </num> <content class="inline">The rate of interest on loans which are guaranteed under this chapter shall be no higher than the maximum interest per annum that a participating financial institution may establish on guaranteed loans made pursuant to section 7(a) of the Small Business Act (15 U.S.C. 636(a)). The rate of interest on direct loans made under this chapter shall be. (i) a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity that are comparable to the average maturities of such loans, adjusted to the nearest one-eighth of 1 percent, plus (ii) an amount adequate in the judgment of the Secretary to cover administrative costs and probable losses under the program.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Priority.</p></sidenote>(c) </num> <chapeau class="inline">The Secretary shall make no loan or guarantee of a loan having a maturity in excess of 25 years, including renewals and extensions. Such limitation on maturities shall not, however, apply—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">to securities or obligations received by the Secretary as claimant in bankruptcy or equitable reorganization, or as creditor in other proceedings attendant upon insolvency of the obligor, or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">to an extension or renewal for an additional period not exceeding 10 years, if the Secretary determines that such extension or renewal is reasonably necessary for the orderly liquidation of the loan.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s631">15 USC 631 note.</ref></p></sidenote>(d) </num> <content class="inline">In making guarantees of loans, and in making direct loans, the Secretary shall give priority to firms which are small within the <sidenote><p class="firstIndent1 fontsize8">Operating reserves.</p></sidenote>meaning of the Small Business Act (and regulations promulgated thereunder).</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">No loan shall be guaranteed by the Secretary in an amount which exceeds 90 percent of the balance of the loan outstanding.</content> </subsection> <subsection class="firstIndent1"> <num value="f"><sidenote><p class="firstIndent1 fontsize8">Fee.</p></sidenote>(f) </num> <content class="inline">The Secretary shall maintain operating reserves with respect to anticipated claims under guarantees made under this chapter. Such reserves shall be considered to constitute obligations for purposes of section 1311 of the Supplemental Appropriation Act, 1955 (31 U.S.C. 200).</content> </subsection> <subsection class="firstIndent1"> <num value="g"><sidenote><p class="firstIndent1 fontsize8">Limitations.</p></sidenote>(g) </num> <content class="inline">The Secretary may charge a fee to a lender which makes a loan guaranteed under this chapter in such amount as is necessary to cover the cost of administration of such guarantee.</content> </subsection> <subsection class="firstIndent1"> <num value="h"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2346">19 USC 2346.</ref></p></sidenote>(h)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The aggregate amount of loans made to any firm which are guaranteed under this chapter and which are outstanding at any time shall not exceed $3,000,000.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The aggregate amount of direct loans made to any firm under this chapter which are outstanding at any time shall not exceed $1,000,000.</content> </paragraph> </subsection> </section> <section class="fontsize10"> <num value="256"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s191">19 USC 1912</ref></p></sidenote>SEC. 256. </num> <heading>DELEGATION OF FUNCTIONS TO SMALL BUSINESS ADMINISTRATION; AUTHORIZATION OF APPROPRIATIONS.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">In the case of any firm which is small (within the meaning of the Small Business Act and regulations promulgated thereunder), the Secretary may delegate all of his functions under this chapter (other than the functions under sections 251 and 252(d) with respect to the certification of eligibility and section 264) to the Administrator of the Small Business Administration.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">There are hereby authorized to be appropriated to the Secretary such sums as may be necessary from time to time to carry out his <page identifier="/us/stat/88/2033">88 <inline class="smallCaps">Stat</inline>. 2033</page>functions under this chapter in connection with furnishing adjustment assistance to firms, which sums are authorized to be appropriated to remain available until expended.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The unexpended balances of appropriations authorized by section 312(d) of the Trade Expansion Act of 1962 are transferred to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2347">19 USC 2347.</ref></p></sidenote> the Secretary to carry out his functions under this chapter.</content> </subsection> </section> <section class="fontsize10"> <num value="257">SEC. 257. </num> <heading>ADMINISTRATION OF FINANCIAL ASSISTANCE.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2348">19 USC 2348.</ref></p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <chapeau class="inline">In making and administering guarantees and loans under section 254, the Secretary may—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">require security for any such guarantee or loan, and enforce, waive, or subordinate such security;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">assign or sell at public or private sale, or otherwise dispose of, upon such terms and conditions and for such consideration as he shall determine to be reasonable, any evidence of debt, contract, claim, personal property, or security assigned to or held by him in connection with such guarantees or loans, and collect, compromise, and obtain deficiency judgments with respect to all obligations assigned to or held by him in connection with such guarantees or loans until such time as such obligations may be referred to the Attorney General for suit or collection;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">renovate, improve, modernize, complete, insure, rent, sell, or otherwise deal with, upon such terms and conditions and for such consideration as he shall determine to be reasonable, any real or personal property conveyed to or otherwise acquired by him in connection with such guarantees or loans;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">acquire, hold, transfer, release, or convey any real or personal property or any interest therein whenever deemed necessary or appropriate, and execute all legal documents for such purposes; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">exercise all such other powers and take all such other acts as may be necessary or incidental to the carrying out of functions pursuant to section 254.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Any mortgage acquired as security under subsection (a) shall be recorded under applicable State law.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">All repayments of loans, payments of interest, and other receipts arising out of transactions entered into by the Secretary pursuant to this chapter, shall be available for financing functions performed under this chapter, including administrative expenses in connection with such functions.</content> </subsection> </section> <section class="fontsize10"> <num value="258">SEC. 258. </num> <heading>PROTECTIVE PROVISIONS.</heading><sidenote><p class="firstIndent1 fontsize8">Recordkeeping.</p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">Each recipient of adjustment assistance under this chapter shall<sidenote><p class="firstIndent1 fontsize8">GAO audit.</p></sidenote> keep records which fully disclose the amount and disposition by such recipient of the proceeds, if any, of such adjustment assistance, and which will facilitate an effective audit. The recipient shall also keep such other records as the Secretary may prescribe.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The Secretary and the Comptroller General of the United<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2349">19 USC 2349.</ref></p></sidenote> States shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient pertaining to adjustment assistance under this chapter.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <chapeau class="inline">No adjustment assistance under this chapter shall be extended to any firm unless the owners, partners, or officers certify to the Secretary—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the names of any attorneys, agents, and other persons engaged by or on behalf of the firm for the purpose of expediting applications for such adjustment assistance; and</content> </paragraph> <page identifier="/us/stat/88/2034">88 <inline class="smallCaps">Stat</inline>. 2034</page> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the fees paid or to be paid to any such person.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">No financial assistance shall be provided to any firm under this chapter unless the owners, partners, or officers shall execute an agreement binding them and the firm for a period of 2 years after such financial assistance is provided, to refrain from employing, tendering any office or employment to, or retaining for professional services any person who, on the date such assistance or any part thereof was provided, or within 1 year prior thereto, shall have served as an officer, attorney, agent, or employee occupying a position or engaging in activities which the Secretary shall have determined involve discretion with respect to the provision of such financial assistance.</content> </subsection> </section> <section class="fontsize10"> <num value="259"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2350">19 USC 2350.</ref></p></sidenote>SEC. 259. </num> <heading>PENALTIES.</heading> <content>Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, or whoever willfully overvalues any security, for the purpose of influencing in any way a determination under this chapter, or for the purpose of obtaining money, property, or anything of value under this chapter, shall be fined not more than $5,000 or imprisoned for not more than 2 years, or both.</content> </section> <section class="fontsize10"> <num value="260"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2351">19 USC 2351.</ref></p></sidenote>SEC. 260. </num> <heading>SUITS.</heading> <content>In providing technical and financial assistance under this chapter the Secretary may sue and be sued in any court of record of a State having general jurisdiction or in any United States district court, and jurisdiction is conferred upon such district court to determine such controversies without regard to the amount in controversy; but no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against him or his property. Nothing in this section shall be construed to except the activities pursuant to sections 253 and 254 from the application of sections 516, 547, and 2679 of title 28 of the United States Code.</content> </section> <section class="fontsize10"> <num value="261"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2352">19 USC 2352.</ref></p></sidenote>SEC. 261. </num> <heading>DEFINITIONS.</heading> <content>For purposes of this chapter, the term “firm” includes an individual proprietorship, partnership, joint venture, association, corporation (including a development corporation), business trust, cooperative, trustee bankruptcy, and receiver under decree of any court. A firm, together with any predecessor or successor firm, or any affiliated firm controlled or substantially beneficially owned by substantially the same persons, may be considered a single firm where necessary to prevent unjustifiable benefits.</content> </section> <section class="fontsize10"> <num value="262"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2353">19 USC 2353.</ref></p></sidenote>SEC. 262. </num> <heading>REGULATIONS.</heading> <content>The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this chapter.</content> </section> <section class="fontsize10"> <num value="263"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1901">19 USC 1901.</ref></p></sidenote>SEC. 263. </num> <heading>TRANSITIONAL PROVISIONS.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">In any case where a firm or its representative has filed a petition with the International Trade Commission (hereafter in this chapter referred to as the “Commission”) under section 301(a)(2) of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1902">19 USC 1902.</ref></p><p class="firstIndent1 fontsize8">19 USC 1901.</p></sidenote>Trade Expansion Act of 1962, and the Commission has not made its determination under section 301(c) of that Act before the effective date of this chapter, such firm may reapply under the provisions of section 251 of this Act. In order to assist the Secretary in making his determination under such section 251 with respect to such firm, the Commission shall make available to the Secretary, on request, data it has acquired with respect to its investigation.</content> </subsection> <page identifier="/us/stat/88/2035">88 <inline class="smallCaps">Stat</inline>. 2035</page> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">If, on the effective date of this chapter, the President (or his delegate) has not taken action under section 302(c) of the Trade Expansion Act of 1962 with respect to a report of the Commission<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1902">19 USC 1902.</ref></p></sidenote> containing an affirmative finding under section 301(c) of that Act or a report with respect to which an equal number of Commissioners are evenly divided, the Secretary may treat such report as a certification of eligibility made under section 251 of this Act on the effective date of this chapter.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Any certification of eligibility of a firm under section 302(c) of the Trade Expansion Act of 1962 made before the effective date<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1911">19 USC 1911.</ref></p></sidenote> of this chapter shall be treated as a certification of eligibility made under section 251 of this Act on the date of the enactment of this Act; except that any firm whose adjustment proposal was certified under section 311 of the Trade Expansion Act of 1962 before<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2354">19 USC 2354.</ref></p></sidenote> the effective date of this chapter may receive adjustment assistance at the level set forth in such certified proposal.</content> </subsection> </section> <section class="fontsize10"> <num value="264">SEC. 264. </num> <heading>STUDY BY SECRETARY OF COMMERCE WHEN INTERNATIONAL TRADE COMMISSION BEGINS INVESTIGATION; ACTION WHERE THERE IS AFFIRMATIVE FINDING.</heading><sidenote><p class="firstIndent1 fontsize8">Report to President.</p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <chapeau class="inline">Whenever the Commission begins an investigation under section 201 with respect to an industry, the Commission shall immediately notify the Secretary of such investigation, and the Secretary shall immediately begin a study of—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the number of firms in the domestic industry producing the like or directly competitive article which have been or are likely to be certified as eligible for adjustment assistance, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">tire extent to which the orderly adjustment of such firms to the import competition may be facilitated through the use of existing programs.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The report, of the Secretary of the study under subsection (a)<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2011.</p><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> shall be made to the President not later than 15 days after the day on which the Commission makes its report under section 201. Upon making<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2371">19 USC 2371.</ref></p></sidenote> its report, to the President, the Secretary shall also promptly make it public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of it published in the Federal Register.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Whenever the Commission makes an affirmative finding under section 201 (b) that increased imports are a substantial cause of serious injury or threat thereof with respect to an industry, the Secretary shall make available, to the extent feasible, full information to the firms in such industry about programs which may facilitate the orderly adjustment to import, competition of such firms, and he shall provide assistance in the preparation and processing of petitions and applications of such firms for program benefits.</content> </subsection> </section> </chapter> <chapter> <num value="4">CHAPTER 4—</num> <heading class="centered">ADJUSTMENT ASSISTANCE FOR COMMUNITIES</heading> <section class="fontsize10"> <num value="271">SEC. 271. </num> <heading>PETITIONS AND DETERMINATIONS.</heading><sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">A petition for certification of eligibility for adjustment assistance under this chapter may be filed with the Secretary of Commerce (hereinafter in this chapter referred to as the “Secretary”) by a political subdivision of a State (hereinafter in this chapter referred to as a “community”), by a group of such communities, or by the Governor of a State on behalf of such communities. Upon receipt of the petition, the <page identifier="/us/stat/88/2036">88 <inline class="smallCaps">Stat</inline>. 2036</page><sidenote><p class="firstIndent1 fontsize8">Hearing.</p></sidenote>Secretary shall promptly publish notice in the Federal Register that he has received the petition and initiated an investigation.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">“Contributed importantly.”</p></sidenote>(b) </num> <content class="inline">If the petitioner, or any other person found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the Secretary’s publication of notice under subsection (a) a request for a hearing the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <chapeau class="inline">The Secretary shall certify a community as eligible for adjustment assistance under this chapter if he determines—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">that a significant number or proportion of the workers in the trade impacted area in which such community is located have become totally or partially separated, or are threatened to become totally or partially separated,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">that sales or production, or both, of firms, or subdivisions of firms, located in the trade impacted area specified in paragraph (1) have decreased absolutely, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">that increases of imports of articles like or directly competitive with articles produced by firms, or subdivisions of firms, located in the trade impacted area specified in paragraph (1) or that the transfer of firms or subdivisions of firms located in such area to foreign countries have contributed importantly to the total or partial separations, or threats thereof, described in paragraph (1) and to the decline in sales or production described in paragraph (2).</content> </paragraph> <continuation class="fontsize10"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3161">42 USC 3161.</ref></p></sidenote>For purposes of paragraph (3), the term “contributed importantly” means a cause which is important but not necessarily more important than any other cause.</continuation> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">As soon as possible after the date on which a petition is filed under this section, but in any event not later than 60 days after that date, the Secretary shall determine whether the petitioning community, or group of communities, meets the requirements of subsection (c) and shall issue a certification of eligibility for assistance under this chapter covering any community located in the same trade impacted area in which the petitioner is located which meets such requirements.</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">The Secretary, after consulting the Secretary of Labor, shall establish the size and boundaries of each trade impacted area, considering the criteria in subsection (c) and, to the extent they are relevant, the factors specified as criteria for redevelopment areas under section 401 of the Public Works and Economic Development Act of <sidenote><p class="firstIndent1 fontsize8">Certification of eligibility, termination; publication in Federal Register.</p></sidenote>1965.</content> </subsection> <subsection class="firstIndent1"> <num value="f"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2372">19 USC 2372.</ref></p></sidenote>(f) </num> <content class="inline">If the Secretary determines that a community requires no additional assistance under this chapter, he shall terminate the certification of eligibility of such community and promptly have notice of such termination published in the Federal Register. Such termination shall take effect on the termination date specified by the Secretary.</content> </subsection> </section> <section class="fontsize10"> <num value="272"><sidenote><p class="firstIndent1 fontsize8">Trade Impacted Area Council for Adjustment Assistance.</p><p class="firstIndent1 fontsize8">Establishment.</p></sidenote>SEC. 272. </num> <heading>TRADE IMPACTED AREA COUNCILS.</heading> <subsection class="firstIndent1"> <num value="a"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2373">19 USC 2373.</ref></p></sidenote>(a) </num> <content class="inline">Within 60 days after a community is certified under section 271, the Secretary shall send his representatives to the trade impacted area in which such community is located to inform officials of communities and other residents of such area about benefits available to them under this Act and to assist such officials and residents in establishing a Trade Impacted Area Council for Adjustment Assistance (hereinafter in this chapter referred to as the “Council”) for such area.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The Secretary shall establish, subject to the last sentence of <page identifier="/us/stat/88/2037">88 <inline class="smallCaps">Stat</inline>. 2037</page>this paragraph, a Council for each trade impacted area in which one or more communities are certified under section 271. Such Council shall—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">develop a proposal for an adjustment assistance plan for the economic rejuvenation of certified communities in its trade impacted area, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">coordinate community action under the adjustment assistance plan, as approved by the Secretary.</content> </subparagraph> <continuation class="fontsize10">If an appropriate entity for purposes of performing the functions specified in subparagraphs (A) and (B) already exists in such area, then the Secretary may designate such entity as the Council for such area.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Such Council shall include representatives of certified communities, industry, labor, and the general public located in the trade impacted area covered by the Council.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Upon application by a Council established under subsection (b), the Secretary is authorized to make grants to such Council for maintaining an appropriate professional and clerical staff. No grant shall be made to a Council to maintain staff after the period which ends 2 years after the date on which such Council is established or designated.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">A Council established under this section may file an application with the Secretary for adjustment assistance under this chapter. Such application shall include the Council’s proposal for an adjustment assistance plan for the communities in its trade impacted area.</content> </subsection> </section> <section class="fontsize10"> <num value="273">SEC. 273. </num> <heading>PROGRAM BENEFITS.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3121">42 USC 3121 note.</ref></p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <chapeau class="inline">Adjustment assistance under this chapter consists of—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">all forms of assistance, other than loan guarantees, which are provided to a redevelopment area under the Public Works and Economic Development Act of 1965, and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3142">42 USC 3142.</ref></p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the loan guarantee program described in subsection (d).</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">No adjustment assistance may be extended to any community or person in a trade impacted area under this chapter unless the Secretary approves the adjustment assistance plan submitted to him under section 272(d).</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <chapeau class="inline">For purposes of the Public Works and Economic Development Act of 1965—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">a trade impacted area for which an adjustment assistance plan has been approved under section 272(d) shall be treated as a redevelopment area, except that—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">no loan guarantees may be made to any person under such Act; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">no loan or grant may be made to any recipient in such an area after September 30, 1980, and</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">approval of an adjustment assistance plan submitted under section 272(d) shall be treated as approval of an overall economic development program under section 202(b) (10) of such Act.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s404">26 USC 404.</ref></p></sidenote></content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <chapeau class="inline">The Secretary is authorized to guarantee loans for—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the acquisition, construction, installation, modernization, development, conversion, or expansion of land, plant, buildings, equipment, facilities, or machinery, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">working capital,</content> </paragraph> <continuation class="fontsize10">made to private borrowers by private lending institutions in connection with projects in trade impacted areas subject to the same terms and conditions to which loan guarantees are subject under section 262 of the Public Works and Economic Development Act of 1965, including record and audit requirements and penalties, except that—</continuation> <page identifier="/us/stat/88/2038">88 <inline class="smallCaps">Stat</inline>. 2038</page> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">no new loan guarantee may be made under this subsection after September 30, 1982,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">a loan guarantee may be made for the entire amount of the outstanding unpaid balance of such loan, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">no more than 20 percent of the amount of loan guarantees made under this subsection by the United States may be made in one State.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">The Governor of the State, the authorized representative of the community, or the Governor of the State and the authorized representative of the community, in which an applicant for a loan guarantee under subsection (b) is located may enter into an agreement with the Secretary which provides that such State or such community, or that such State and such community, will pay not to exceed one-half of the amount of any liability which arises on a loan guarantee made under subsection (d) if the State in which the applicant for such guarantee is located has established by law a program approved by the Secretary for the purposes of this section.</content> </subsection> <subsection class="firstIndent1"> <num value="f">(f)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">When considering whether to guarantee a loan to a corporation which is otherwise qualified for the purposes of subsection (d), the Secretary shall give preference to a corporation which agrees with respect to such loan to fulfill the following requirements—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">25 percent of the principal amount of the loan is paid by the lender to a qualified trust established under an employee stock ownership plan established and maintained by the recipient corporation, by a parent or subsidiary of such corporation, or by several corporations including the recipient corporation.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">the employee stock ownership plan meets the requirements of this subsection, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">the agreement among the recipient corporation, the lender, and the qualified trust relating to the loan meets the requirements of this section.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">An employee stock ownership plan does not meet the requirements of this subsection unless the governing instrument of the plan provides that—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">the amount of the loan paid under paragraph (1)(A) to the qualified trust will be used to purchase qualified employer securities,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">the qualified trust will repay to the lender the amount of such loan, together with the interest thereon, out of amounts contributed to the trust by the recipient corporation, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">from time to time, as the qualified trust repays such amount, the trust will allocate qualified employer securities among the individual accounts of participants and their beneficiaries in accordance with the provisions of paragraph (4).</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">The agreement among the recipient corporation, the lender, and the qualified trust does not meet the requirements of this subsection unless—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">it is unconditionally enforceable by any party against the others, jointly and severally,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">it provides that the liability of the qualified trust to repay loan amounts paid to the qualified trust may not, at any time, exceed an amount equal to the amount of contributions required under paragraph (2)(B) which are actually received by such trust,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">it provides that amounts received by the recipient corporation from the qualified trust for qualified employer securities purchased for the purpose of this subsection will be used exclu-<page identifier="/us/stat/88/2039">88 <inline class="smallCaps">Stat</inline>. 2039</page>sively by the recipient corporation for those purposes for which it may use that portion of the loan paid directly to it by the lender,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">it provides that the recipient corporation may not reduce the amount of its equity capital during the one year period beginning on the date on which the qualified trust purchases qualified employer securities for purposes of this subsection, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">(E) </num> <content class="inline">it provides that the recipient corporation will make contributions to the qualified trust of not less than such amounts as are necessary for such trust to meet its obligation to make repayments of principal and interest on the amount of the loan received by the trust without regard to whether such contributions are deductible by the corporation under section 404 of the Internal Revenue Code of 1954 and without regard to any other amounts the<sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote> recipient corporation is obligated under law to contribute to or under the employee stock ownership plan.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">At the close of each plan year, an employee stock ownership plan shall allocate to the accounts of participating employees that portion of the qualified employer securities the cost of which bears substantially the same ratio to the cost of all the qualified employer securities purchased under paragraph (2) (A) of this subsection as the amount of the loan principal and interest repaid by the qualified trust during that year bears to the total amount of the loan principal and interest payable by such trust during the term of such loan. Qualified employer securities allocated to the individual account of a participant during one plan year must bear substantially the same proportion to the amount of all such securities allocated to all participants in the plan as the amount of compensation paid to such participant beat’s to the total amount of compensation paid to all such participants during that year.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <chapeau class="inline">For purposes of this subsection, the term—<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 880.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 971.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t45/s702">45 USC 702.</ref></p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 832.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote></chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">“employee stock ownership plan” means a plan described in section 407 (d) (6) of the Employee Retirement Income Security Act of 1974, section 4975(e) (7) of the Internal Revenue Code of<sidenote><p class="firstIndent1 fontsize8">Loan guarantees, limitation.</p></sidenote> 1954, and in section 102(5) of the Regional Rail Reorganization Act of 1973, which meets the requirements of title I of the Employee Retirement Income Security Act of 1974 and of part I of subchapter I) of chapter 1 of such Code,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">“qualified trust” means a trust established under an employee stock ownership plan and meeting the requirements of title I of the Employee Retirement Income Security Act of 1974 and of part I of subchapter D of chapter 1 of such Code,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">“qualified employer securities” means common stock issued by the recipient corporation or by a parent or subsidiary of such corporation with voting power and dividend rights no less favorable than the voting power and dividend rights on other common stock issued by the issuing corporation and with voting power being exercised by the participants in the employee stock ownership plan after it is allocated to their plan accounts, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">“equity capital” means, with respect to the recipient corporation, the sum of its money and other property (in an amount equal to the adjusted basis of such property but disregarding adjustments made on account of depreciation or amortization made during the period described in paragraph (3)(D)), less the amount of its indebtedness.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="g">(g) </num> <content class="inline">The United States share of loan guarantees made under subsection<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2374">19 USC 2374.</ref></p></sidenote> (d) on loans which are outstanding at any time may not exceed $500,000,000.</content> </subsection> </section> <page identifier="/us/stat/88/2040">88 <inline class="smallCaps">Stat</inline>. 2040</page> <section class="fontsize10"> <num value="274"><sidenote><p class="firstIndent1 fontsize8">Establishment.</p></sidenote>SEC. 274. </num> <heading>COMMUNITY ADJUSTMENT ASSISTANCE FUND AND AUTHORIZATION OF APPROPRIATIONS.</heading> <subsection class="firstIndent1"> <num value="a"><sidenote><p class="firstIndent1 fontsize8">Transfer of funds.</p></sidenote>(a) </num> <content class="inline">There is established on the books of the Treasury of the United States a revolving fund to be known as the Community Adjustment Assistance Fund. The fund shall consist of such amounts as may be deposited in it pursuant to the authorization in subsection (b) and any collections, repayments of loans, or other receipts received under the program established in section 273(a). Amounts in the fund may be used only to carry out the provisions of sections 272 and 273(b), including administrative costs. Amounts appropriated to the fund <sidenote><p class="firstIndent1 fontsize8">Appropriations.</p></sidenote>shall be available to the Secretary without fiscal year limitation. Upon liquidation of all remaining obligations, any balances remaining in the fund after September 30, 1980, shall be transferred to the general fund of the Treasury.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2391">19 USC 2391.</ref></p></sidenote>(b) </num> <content class="inline">There are authorized to be appropriated to the Community Adjustment Assistance Fund, for the purpose of carrying out the provisions of sections 272 and 273(a), $100,000,000 for the fiscal year ending June 30, 1975, and such sums as may be necessary for the succeeding 7 fiscal years.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">There are authorized to be appropriated to the Secretary such sums as may be necessary for carrying out the loan guarantee program under section 273(d).</content> </subsection> </section> </chapter> <chapter> <num value="5">CHAPTER 5—</num> <heading class="centered">MISCELLANEOUS PROVISIONS</heading> <section class="fontsize10"> <num value="280"><sidenote><p class="firstIndent1 fontsize8">Study, report to Congress.</p></sidenote>SEC. 280. </num> <heading>GENERAL ACCOUNTING OFFICE REPORT.</heading> <subsection class="firstIndent1"> <num value="a"><sidenote><p class="firstIndent1 fontsize8">Contents.</p></sidenote>(a) </num> <chapeau class="inline">The Comptroller General of the United States shall conduct a study of the adjustment assistance programs established under chapters 2, 3, and 4 of this title and shall report the results of such study <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2392">19 USC 2392.</ref></p></sidenote>to the Congress no later than January 31, 1980. Such report shall include an evaluation of—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the effectiveness of such programs in aiding workers, firms, and communities to adjust to changed economic conditions resulting from changes in the patterns of international trade; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the coordination of the administration of such programs and other Government programs which provide unemployment compensation and relief to depressed areas.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">In carrying out his responsibilities under this section, the Comptroller General shall, to the extent practical, avail himself of the assistance of the Departments of Labor and Commerce. The Secretaries of Labor and Commerce shall make available to the Comptroller General any assistance necessary for an effective evaluation of the adjustment assistance programs established under this title.</content> </subsection> </section> <section class="fontsize10"> <num value="281"><sidenote><p class="firstIndent1 fontsize8">Adjustment Assistance Coordinating Committee.</p><p class="firstIndent1 fontsize8">Establishment.</p></sidenote>SEC. 281. </num> <heading>COORDINATION.</heading> <content><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2393">19 USC 2393.</ref></p></sidenote>There is established the Adjustment Assistance Coordinating Committee to consist of a Deputy Special Trade Representative as Chairman, and the officials charged with adjustment assistance responsibilities of the Departments of Labor and Commerce and the Small Business Administration. It shall be the function of the Committee to coordinate the adjustment assistance policies, studies, and programs of the various agencies involved and to promote the efficient and effective delivery of adjustment assistance benefits.</content> </section> <section class="fontsize10"> <num value="282"><sidenote><p class="firstIndent1 fontsize8">Establishment.</p></sidenote>SEC. 282. </num> <heading>TRADE MONITORING SYSTEM.</heading> <content><sidenote><p class="firstIndent1 fontsize8">Summary to Adjustment Assistance Coordinating Committee, International Trade Commission, and Congress.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2394">19 USC 2394.</ref></p></sidenote>The Secretary of Commerce and the Secretary of Labor shall establish and maintain a program to monitor imports of articles into the United States which will reflect changes in the volume of such imports, the relation of such imports to changes in domestic production, changes <page identifier="/us/stat/88/2041">88 <inline class="smallCaps">Stat</inline>. 2041</page>in employment within domestic industries producing articles like or directly competitive with such imports, and the extent to which such changes in production and employment are concentrated in specific geographic regions of the United States. A summary of the information<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2271">19 USC 2271 note.</ref></p><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 2019, 2030, 2035.</p><p class="firstIndent1 fontsize8">Termination date.</p></sidenote> gathered under this section shall be published regularly and provided to the Adjustment Assistance Coordinating Committee, the International Trade Commission, and to the Congress.</content> </section> <section class="fontsize10"> <num value="283">SEC. 283. </num> <heading>FIRMS RELOCATING IN FOREIGN COUNTRIES.</heading> <subsection> <chapeau>Before moving productive facilities from the United States to a foreign country, every firm should—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">provide notice of the move to its employees who are likely to be totally or partially separated as a result of the move at least 60 days before the date of such move, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">provide notice of the move to the Secretary of Labor and the Secretary of Commerce on the same day it notifies employees under paragraph (1).</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">It is the sense of the Congress that every such firm should—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">apply for and use all adjustment assistance for which it is eligible under this title,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">offer employment opportunities in the United States, if any exist, to its employees who are totally or partially separated workers as a result of the move, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">assist in relocating employees to other locations in the United States where employment opportunities exist.</content> </paragraph> </subsection> </section> <section class="fontsize10"> <num value="284">SEC. 284. </num> <heading>EFFECTIVE DATE.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2411">19 USC 2411.</ref></p></sidenote> <content>Chapters 2, 3, and 4 of this title shall become effective on the 90th day following the date of enactment of this Act and shall terminate on September 30, 1982.</content> </section> </chapter> <num value="III">TITLE III—</num> <heading class="centered">RELIEF FROM UNFAIR TRADE PRACTICES</heading> <chapter> <num value="1">CHAPTER 1—</num> <heading class="centered">FOREIGN IMPORT RESTRICTIONS AND EXPORT SUBSIDIES</heading> <section class="fontsize10"> <num value="301">SEC. 301. </num> <heading>RESPONSES TO CERTAIN TRADE PRACTICES OF FOREIGN GOVERNMENTS.</heading><sidenote><p class="firstIndent1 fontsize8">“Commerce.”</p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <chapeau class="inline">Whenever the President determines that a foreign country or instrumentality—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">maintains unjustifiable or unreasonable tariff or other import restrictions which impair the value of trade commitments made to the United States or which burden, restrict, or discriminate against United States commerce,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">engages in discriminatory or other acts or policies which are unjustifiable or unreasonable and which burden or restrict United States commerce,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">provides subsidies (or other incentives having the effect of subsidies) on its exports of one or more products to the United States or to other foreign markets which have the effect of substantially reducing sales of the competitive United States product or products in the United States or in those other foreign markets, or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <chapeau class="inline">imposes unjustifiable, or unreasonable restrictions on access to supplies of food, raw materials, or manufactured or semimanufactured products which burden or restrict United States commerce, <page identifier="/us/stat/88/2042">88 <inline class="smallCaps">Stat</inline>. 2042</page>the President shall take all appropriate and feasible steps within his power to obtain the elimination of such restrictions or subsidies, and he—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">may suspend, withdraw, or prevent the application of, or may refrain from proclaiming, benefits of trade agreement concessions to carry out a trade agreement with such country or instrumentality; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">may impose duties or other import restrictions on the products of such foreign country or instrumentality, and may impose fees or restrictions on the services of such foreign country or instrumentality, for such time as he deems appropriate.</content> </subparagraph> </paragraph> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s160">19 USC 160.</ref></p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1303">19 USC 1303.</ref></p></sidenote><continuation class="firstIndent1 fontsize10">For purposes of this subsection, the term “commerce” includes services associated with the international trade.</continuation> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">In determining what action to take under subsection (a), the President shall consider the relationship of such action to the purposes of this Act. Action shall be taken under subsection (a) against the foreign country or instrumentality involved, except that, subject to the provisions of section 302, any such action may be taken on a non-discriminatory treatment basis.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <chapeau class="inline">The President in making a determination under this section, may take action under subsection (a) (3) with respect to the exports of a product to the United States by a foreign country or instrumentality if—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the Secretary of the Treasury has found that such country or instrumentality provides subsidies (or other incentives having the effect of subsidies) on such exports;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the International Trade Commission has found that such exports to the United States have the effect of substantially reducing sales of the competitive United States product or products in the United States: and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8">Complaints, review.</p></sidenote>(3) </num> <content class="inline">the President finds that the Antidumping Act, 1921, and section 303 of the Tariff Act of 1930 are inadequate to deter such practices.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The President shall provide an opportunity for the presentation of views concerning the restrictions, acts, policies, or practices referred to in paragraphs (1), (2), (3), and (4) of subsection (a).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Hearings.</p></sidenote>(2) </num> <content class="inline">Upon complaint filed by any interested party with the Special Representative for Trade Negotiations alleging any such restriction, act, policy, or practice, the Special Representative shall conduct a <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>review of the alleged restriction, act, policy, or practice, and, at the request of the complainant, shall conduct public hearings thereon. The Special Representative shall have a copy of each complaint filed under <sidenote><p class="firstIndent1 fontsize8">Regulations.</p><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote>this paragraph published in the Federal Register. The Special Representative shall issue regulations concerning the filing of complaints and the conduct of reviews and hearings under this paragraph and shall submit a report to the House of Representatives and the Senate semi-annually summarizing the reviews and hearings conducted by it under this paragraph during the preceding 6-month period.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <chapeau class="inline">Before the President takes any action under subsection (a) with respect to the import treatment of any product or the treatment of any service—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">he shall provide an opportunity for the presentation of views concerning the taking of action with respect to such product or service,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">upon request by any interested person, he shall provide for appropriate public hearings with respect to the taking of action with respect to such product or service, and </content> </paragraph> <page identifier="/us/stat/88/2043">88 <inline class="smallCaps">Stat</inline>. 2043</page> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">he may request the International Trade Commission for its views as to the probable impact on the economy of the United States of the taking of action with respect to such product or service.</content> </paragraph> <continuation class="fontsize10">If the President determines that, because of the need for expeditious action under subsection (a), compliance with paragraphs (1) and (2) would be contrary to the national interest, then such paragraphs shall not apply with respect to such action, but be shall thereafter promptly provide an opportunity for the presentation of views concerning the action taken and, upon request by any interested person, shall provide for appropriate public hearings with respect to the action taken. The President shall provide for the issuance of regulations concerning the tiling of requests for, and the conduct of, hearings under this subsection.</continuation> </subsection> </section> <section class="fontsize10"> <num value="302">SEC. 302. </num> <heading>PROCEDURE FOR CONGRESSIONAL DISAPPROVAL OF CERTAIN ACTIONS TAKEN UNDER SECTION 301.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2412">19 USC 2412.</ref></p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">Whenever the President takes any action under subparagraph (A) or (B) of section 301(a) with respect to any country or instrumentality other than the country or instrumentality whose restriction, act, policy, or practice was the cause for taking such action, he shall promptly transmit to the House of Representatives and to the Senate a document setting forth the action which he has so taken, together with his reasons therefor.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">If, before the close of the 90-day period beginning on the day on which the document referred to in subsection (a) is delivered to the House of Representatives and to the Senate, the two Houses adopt, by an a (Erma live vote of a majority of those present and voting in each House, a concurrent resolution of disapproval under the procedures set forth in section 152, then such action under section 301(a)<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2004.</p></sidenote> shall have no force and effect beginning with the day after the date of the adoption of such concurrent resolution of disapproval, except with respect to the country or instrumentality whose restriction, act, policy, or practice was the cause for taking such action.</content> </subsection> </section> </chapter> <chapter> <num value="2">CHAPTER 2—</num> <heading class="centered">ANTIDUMPING DUTIES</heading> <section class="fontsize10"> <num value="321">SEC. 321. </num> <heading>AMENDMENTS TO THE ANTIDUMPING ACT OF 1921.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <chapeau class="inline">Section 201 of the Antidumping Act, 1921 (19 U.S.C. 160), is amended—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by striking out “<quotedText>United States Tariff Commission</quotedText>” in subsection (a) and inserting in lieu thereof “<quotedText>United States International Trade Commission (hereinafter called the ‘Commission’)</quotedText>”, and by striking out “<quotedText>said</quotedText>” each place it appears in such subsection; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out subsections (b) and (c) and inserting in lieu thereof the following: <quotedContent> <subsection class="firstIndent1"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">In the case of any imported merchandise of a class or kind as to which the Secretary has not so made public a finding, he shall, within six months after the publication under subsection (c) (1) of a notice of initiation of an investigation—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">determine whether there is reason to believe or suspect, from the invoice or other papers or from information presented to him or to any other person to whom authority under this section has been delegated, that the purchase price is less, or that the exporter’s sales price is less or likely to be less, than the foreign market value (or, in the absence of such value, than the constructed value); and </content> </subparagraph> <page identifier="/us/stat/88/2044">88 <inline class="smallCaps">Stat</inline>. 2044</page> <subparagraph class="indent2 fontsize10"> <num value="B"><sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>“(B) </num> <content class="inline">if his determination is affirmative, publish a notice of that fact in the Federal Register, and require, under such regulations as he may prescribe, the withholding of appraisement as to such merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of that notice in the Federal Register (or such earlier date, not more than one hundred and twenty days before the date of publication under subsection (c) (1) of notice of initiation of the investigation, as the Secretary may prescribe), until the further order of the Secretary, or until the Secretary has made public a finding as provided for in subsection (a) in regard to such merchandise; or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C"><sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>“(C) </num> <content class="inline">if his determination is negative (or if he tentatively determines that the investigation should be discontinued), publish notice of that fact in the Federal Register.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>“(2) </num> <content class="inline">If in the course of an investigation under this subsection the Secretary concludes that the determination provided for in paragraph (1) cannot reasonably be made within six months, he shall publish notice of this in the Federal Register, together with a statement of reasons therefor, in which case the determination shall be made within nine months after the publication in the Federal Register of the notice of initiation of the investigation.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">Within three months after publication in the Federal Register of a determination under paragraph (1), the Secretary shall make a final determination whether the foreign merchandise in question is being or is likely to be sold in the United States at less than its fair value (or a final discontinuance of the investigation).</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Secretary shall, within thirty days of the receipt of information alleging that a particular class or kind of merchandise is being or is likely to be sold in the United States or elsewhere at less than its fair value and that an industry in the United States is being or is likely to be injured, or is prevented from being established, by reason of the importation of such merchandise into the United States, determine whether to initiate an investigation into the question of whether such merchandise in fact is being or is likely to be sold in <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>the United States or elsewhere at less than its fair value. If his determination is affirmative he shall publish notice of the initiation of such an investigation in the Federal Register. If it is negative, the inquiry shall be closed.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">If, in the course of making a determination under paragraph (1), the Secretary concludes, from the information available to him, that there is substantial doubt whether an industry in the United States is being or is likely to be injured, or is prevented from being established, by reason of the importation of such merchandise into the United States, he shall forward to the Commission the reasons for such substantial doubt and a preliminary indication, based upon whatever price information is available, concerning possible sales at less than fair value, including possible margins of dumping and the volume of trade. If within thirty days after receipt of such information from the Secretary, the Commission, after conducting such inquiry as it deems appropriate, determines there is no reasonable indication that an industry in the United States is being or is likely to be injured, or is prevented from being established, by reason of the importation of such merchandise into the United States, it shall advise the Secretary of its determination and any investigation under subsection (b) then in progress shall be terminated.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">“(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Before making any determination under subsection (a), the Secretary or the Commission, as the case may be, shall, at the <page identifier="/us/stat/88/2045">88 <inline class="smallCaps">Stat</inline>. 2045</page>request of any foreign manufacturer or exporter, or any domestic importer, of the foreign merchandise in question, or of any domestic manufacturer, producer, or wholesaler of merchandise of the same class or kind, conduct a hearing at which—<sidenote><p class="firstIndent1 fontsize8">Hearing.</p></sidenote></chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">any such person shall have the right to appear by counsel or in person; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">any other person, firm, or corporation may make application and, upon good cause shown, may be allowed by the Secretary or the Commission, as the case may be, to intervene and appear at such hearing by counsel or in person.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The Secretary, upon determining whether foreign merchandise<sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> is being, or is likely to be sold in the United States at less than its fair value, and the Commission, upon making its determination under subsection (a), shall publish in the Federal Register such determination, whether affirmative or negative, together with a complete statement of findings and conclusions, and the reasons or bases therefor, on all the material issues of fact or law presented (consistent with confidential treatment granted by the Secretary or the Commission, as the case may be, in the course of making its determination).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The hearings provided for under this section shall be exempt from sections 554, 555, 556, 557, and 702 of title 5 of the United States Code. The transcript of any hearing, together with all information developed in connection with the investigation (other than items to which confidential treatment has been granted by the Secretary or the Commission, as the case may be), shall be made available in the manner and to the extent provided in section 552(b) of such title.”.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s552">5 USC 552.</ref></p></sidenote></content> </paragraph> </subsection> </quotedContent> </content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 203 of the Antidumping Act, 1921 (19 U-S.C. sec. 162), is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“purchase price</heading> <num value="203">“<inline class="smallCaps">Sec</inline>. 203. </num> <content class="inline">For the purposes of this title, the purchase price of imported merchandise shall be the price at which such merchandise has been purchased or agreed to be purchased, prior to the time of exportation, by the person by whom or for whose account the merchandise is imported, plus, when not included in such price, the cost of all containers and coverings and all other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States, less the amount, if any, included in such price, attributable to any additional costs, charges, and expenses, and United States import duties, incident to bringing the merchandise from the place of shipment in the country of exportation to the place of delivery in the United States; and less the amount, if included in such price, of any export tax imposed by the country of exportation on the exportation of the merchandise, to the United States; and plus the amount of any import duties imposed by the country of exportation which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States; and plus the amount of any taxes imposed in the country of exportation directly upon the exported merchandise or components thereof, which have been rebated, or which have, not been collected, by reason of the exportation of the merchandise to the United States, but only to the extent that such taxes are added to or included in the price of such or similar merchandise when sold in the country of exportation: and plus the amount of any taxes rebated or not collected, by reason of the exportation of the merchandise to the United States, which rebate or noncollection has been determined by <page identifier="/us/stat/88/2046">88 <inline class="smallCaps">Stat</inline>. 2046</page>the Secretary to be a bounty or grant within the meaning of section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1303">19 USC 1303.</ref></p></sidenote>303 of the Tariff Act of 1930,”</content> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Section 204 of the Antidumping Act, 1921 (19 U.S.C. sec. 163), is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“exporter’s sales trice</heading> <num value="204">“<inline class="smallCaps">Sec</inline>. 204. </num> <content class="inline">For the purposes of this title, the exporter’s sale price of imported merchandise shall be the price at which such merchandise is sold or agreed to be sold in the United States, before or after the time of importation, by or for the account of the exporter, plus, when not included hi such price, the cost of all containers and coverings and all other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States, less (1) the amount, if any, included in such price, attributable to any additional costs, charges, and expenses, and United States import duties, incident to bringing the merchandise from the place of shipment in the country of exportation to the place of delivery in the United States, (2) the amount of the commissions, if any, for selling in the United States the particular merchandise under consideration, (3) an amount equal to the expenses, if any, generally incurred by or for the account of the exporter in the United States in selling identical or substantially identical merchandise, (4) the amount of any export tax imposed by the country of exportation on the exportation of the merchandise to the United States, and (5) the amount of any increased value, including additional material and labor, resulting from a process of manufacture or assembly performed on the imported merchandise after the importation of the merchandise and before its sale to a person who is not the exporter of the merchandise within <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s166">19 USC 166.</ref></p></sidenote>the meaning of section 207; and plus the amount of any import duties imposed by the country of exportation which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States; and plus the amount of any taxes imposed in the country of exportation directly upon the exported merchandise or components thereof, which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States, but only to the extent that such taxes are added to or included in the price of such or similar merchandise when sold in the country of exportation; and plus the amount of any taxes rebated, or not collected, by reason of the exportation of the merchandise to the United States, which rebate or non collection has been determined by the Secretary to be a bounty or grant within the meaning <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1303">19 USC 1303.</ref></p></sidenote>of section 303 of the Tariff Act of 1930.”</content> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8">Foreign market value.</p></sidenote>(d) </num> <content class="inline">Section 205 of the Antidumping Art, 1921 (19 U.S.C. sec. 164), is amended by adding “(a)” immediately before the word “<quotedText>For</quotedText>”, and by adding at the end thereof the following new subsections: <quotedContent> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Whenever the Secretary has reasonable grounds to believe or suspect that sales in the home market of the country of exportation, or, as appropriate, to countries other than the United States, have been made at prices which represent loss than the cost of producing the merchandise in question, he shall determine whether, in fact, such sales were made at less than the cost of producing the merchandise. If the Secretary determines that sales made at less than cost of production ( 1 ) have been made over an extended period of time and in substantial quantities, and (2) are not at prices which permit recovery of all costs within a reasonable period of time in the normal course of trade, such sales shall be disregarded in the determination of foreign market value. Whenever sales are disregarded by virtue of having been <page identifier="/us/stat/88/2047">88 <inline class="smallCaps">Stat</inline>. 2047</page>made at less than the cost of production and the remaining sales, made at not less than cost of production, are determined to be inadequate as a basis for the determination of foreign market value, the Secretary shall determine that no foreign market value exists and employ the constructed value of the merchandise in question.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <chapeau class="inline">If available information indicates to the Secretary that the economy of the country from which the merchandise is exported is state-controlled to an extent that sales or offers of sales of such or similar merchandise in that country or to countries other than the United States do not permit a determination of foreign market value under subsection (a), the Secretary shall determine the foreign market value of the merchandise on the basis of the normal costs, expenses, and profits as reflected by either—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">the prices, determined in accordance with subsection (a) and section 202, at which such or similar merchandise of a non-state-control<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s161">19 USC 161.</ref></p></sidenote> led-economy country or countries is sold either (A) for consumption in the home market of that country or countries, or (B) to other countries, including the United States; or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">the constructed value of such or similar merchandise in a non-state-controlled-economy country or countries as determined under section 206.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s165">19 USC 165.</ref></p></sidenote></content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <chapeau class="inline">Whenever, in the course of an investigation under this Act, the Secretary determines that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">merchandise exported to the United States is being produced in facilities which are owned or controlled, directly or indirectly, by a person, firm, or corporation which also owns or controls, directly or indirectly, other facilities for the production of such or similar merchandise which are located in another country or countries;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">the sales of such or similar merchandise by the company concerned in the home market of the exporting country are non-existent or inadequate as a basis for comparison with the sales of the merchandise to the United States; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">the foreign market value of such or similar merchandise produced in one or more of the facilities outside the country of exportation is higher than the foreign market value, or, if there is no foreign market value, the constructed value, of such or similar merchandise produced in the facilities located in the country of exportation,</content> </paragraph> <continuation class="fontsize10">he shall determine the foreign market value of such merchandise by reference to the foreign market value at which such or similar merchandise is sold in substantial quantities by one or more facilities outside the country of exportation. The Secretary in making any determination under this paragraph, shall make adjustments for the difference between the costs of production (including taxes, labor, materials, and overhead) of such or similar merchandise produced in facilities outside the country of exportation and costs of production of such or similar merchandise produced in the facilities in the country of exportation, if such differences are demonstrated to his satisfaction. For the purpose of this subsection, in determining foreign market value of such or similar merchandise produced in a country outside of the country of exportation, the Secretary shall determine its price at the time of exportation from the country of exportation and shall make any adjustments required by section 205(a) for the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s164">19 USC 164.</ref></p></sidenote> cost of all containers and coverings and all other costs, charges, and expenses incident to placing the merchandise in condition packed <page identifier="/us/stat/88/2048">88 <inline class="smallCaps">Stat</inline>. 2048</page>ready for shipment to the United States by reference to such costs in the country of exportation.”</continuation> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">Section 212(3) of the Antidumping Act, 1921 (19 U.S.C. sec. 170a(3)), is amended by striking out subparagraphs (B), (D), and (F), and by redesignating subparagraphs (C) and (E) as subparagraphs (B) and (C),respectively.</content> </subsection> <subsection class="firstIndent1"> <num value="f">(f)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 516 of the Tariff Act of 1930 (19 U.S.C. 1516) is amended by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (h), respectively, and by inserting after subsection (c) the following new subsection: <quotedContent> <subsection class="firstIndent1"> <num value="d">“(d) </num> <chapeau class="inline">Within 30 days after a determination by the Secretary—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">under section 201 of the Antidumping Act, 1921 (19 U.S.C. 160), that a class or kind of foreign merchandise is not being, nor likely to be, sold in the United States at less than its fair value, or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1303">19 USC 1303.</ref></p></sidenote>(2) </num> <content class="inline">under section 303 of this Act that a bounty or grant is not being paid or bestowed,</content> </paragraph> <continuation class="fontsize10">an American manufacturer, producer, or wholesaler of merchandise of the same class or kind as that described in such determination may file with the Secretary a written notice of a desire to contest such determination. Upon receipt of such notice the Secretary shall cause publication to be made thereof and of such manufacturer’s, producers, or wholesaler’s desire to contest the determination. Within 30 days after such publication, such manufacturer, producer, or wholesaler may commence an action in the United States Customs Court contesting such determination.”.</continuation> </subsection> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 2631(b) of title 28, United States Code, is amended by inserting before the period at the end thereof “<quotedText>, or, in the case of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1516">19 USC 1516.</ref></p></sidenote>an action under section 516(d) of such Act, after the date of publication of a notice under such section</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">Section 2632 of title 28, United States Code, is amended—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">by striking out the first sentence of subsection (a) and inserting in lieu thereof the following: “<quotedText>A party may contest (1) denial of a protest under section 515 of the Tariff Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1515">19 USC 1515.</ref></p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1516">19 USC 1516.</ref></p></sidenote>1930, as amended; (2) a decision of the Secretary of the Treasury made under section 516 of the Tariff Act of 1930, as amended; or (3) a determination by the Secretary of the Treasury under <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2043.</p></sidenote>section 201 of the Antidumping Act, 1921, as amended, that a class or kind of merchandise is not being, nor likely to be, sold in the United States at less than its fair value, or under section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1303">19 USC 1303.</ref></p></sidenote>303 of the Tariff Act of 1930 that a bounty or grant is not being paid or bestowed; by bringing a civil action in the Customs Court.</quotedText>”;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">by inserting after “<quotedText>designee</quotedText>” in subsection (f) “<quotedText>in any action brought under subsection (a)(1) or (a)(2)</quotedText>”; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1"> <num value="g">“(g) </num> <content class="inline">Upon service of the summons on the Secretary of the Treasury or his designee in an action contesting the Secretary’s determination under section 201 of the Antidumping Act, 1921, as amended, that a class or kind of foreign merchandise is not being, nor likely to be, sold in the United States at less than its fair value, the Secretary or his designee shall forthwith transmit to the United States Customs Court, as the official record of the civil action, a certified copy of the transcript of any hearing held by the Secretary in the particular antidumping proceeding pursuant to section 201(d)(1) of the Antidumping Act, 1921, as amended, and certified copies of all notices, determinations, or other matters which the Secretary has caused to be published in the <page identifier="/us/stat/88/2049">88 <inline class="smallCaps">Stat</inline>. 2049</page>Federal Register in connection with the particular antidumping<sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> proceeding. Upon service of the summons on the Secretary of the Treasury or his designee in an action contesting the Secretary’s determination under section 303 of the Tariff Act of 1930 that a bounty or<sidenote><p class="firstIndent1 fontsize8"><i>Infra</i>.</p></sidenote> grant is not being paid or bestowed, the Secretary or his designee tall forthwith transmit to the United States Customs Court, as the official record of the civil action, a certified copy of the transcript of all hearings held by the Secretary in the proceeding which resulted in such determination and certified copies of all notices, determinations, or other matters which the Secretary has caused to be published in the Federal Register in connection with such proceeding.”.</content> </subsection> </quotedContent> </content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="g">(g)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The amendments made by subsection (a) of this section<sidenote><p class="firstIndent1 fontsize8">Applicability.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s160">19 USC 160 note.</ref></p></sidenote> shall apply with respect to all questions of dumping raised or presented on or after the date of the enactment of this Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">The amendments made by subsections (b) through (e) of this<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s162">19 USC 162 note.</ref></p></sidenote> section shall apply with respect to all merchandise which is not appraised on or before the date of the enactment of this Act; except that such amendments shall not apply with respect to any merchandise which—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">was exported from the country of exportation before such date, of the enactment, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">is subject to a finding under the Antidumping Act, 1921,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s160">19 USC 160.</ref></p></sidenote> which (i) is outstanding on such date of enactment, or (ii) was revoked on or before such date of enactment but is still applicable to such merchandise.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The amendments made by subsection (f) shall apply with<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1516">19 USC 1516 note.</ref></p></sidenote> respect to determinations under section 201 of the Antidumping Act, 1921, resulting from questions of dumping raised or presented on or<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s160">19 USC 160.</ref></p></sidenote> after the date of the enactment of this Act.</content> </paragraph> </subsection> </section> </chapter> <chapter> <num value="3">CHAPTER 3—</num> <heading class="centered">COUNTERVAILING DUTIES</heading> <section class="fontsize10"> <num value="331">SEC. 331. </num> <heading>AMENDMENTS TO SECTIONS 303 AND 516 OF THE TARIFF ACT OF 1930.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">Section 303 of the Tariff Act of 1930 (19 U.S.C. sec. 1303) is amended to read as follows: <quotedContent> <section class="fontsize10"> <num value="303">“SEC. 303. </num> <heading>COUNTERVAILING DUTIES.</heading> <subsection class="firstIndent1"> <num value="a">“(a) </num> <heading><inline class="smallCaps">Levy of Countervailing Duties</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Whenever any country, dependency, colony, province, or other political subdivision of government, person, partnership, association, cartel, or corporation, shall pay or bestow, directly or indirectly, any bounty or grant upon the manufacture or production or export of any article or merchandise manufactured or produced in such country, dependency, colony, province, or other political subdivision of government, then upon the importation of such article or merchandise into the United States, whether the same shall be imported directly from the country of production or otherwise, and whether such article or merchandise is imported in the same condition as when exported from the country of production or has been changed in condition by remanufacture, or otherwise, there shall be levied and paid, in all such cases, in addition to any duties otherwise imposed, a duty equal to the net amount of such bounty or grant, however the same be paid or bestowed.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">In the case of any imported article or merchandise which is free of duty, duties may be imposed under this section only if there is an affirmative determination by the Commission under subsection (b) (1); except that such a determination shall not be required unless a determination of injury is required by the international obligations of the United States.</content> </paragraph> <page identifier="/us/stat/88/2050">88 <inline class="smallCaps">Stat</inline>. 2050</page> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">In the case of any imported article or merchandise as to which the Secretary of the Treasury (hereafter in this section referred to as the ‘Secretary’) has not determined whether or not any bounty or grant is being paid or bestowed—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">upon the filing of a petition by any person setting forth his belief that a bounty or grant is being paid or bestowed, and the reasons therefor, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">whenever the Secretary concludes, from information presented to him or to any person to whom authority under this section has been delegated, that a formal investigation is warranted into the question of whether a bounty or grant is being paid or bestowed,</content> </subparagraph> <continuation class="fontsize10">the Secretary shall initiate a formal investigation to determine <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>whether or not any bounty or grant is being paid or bestowed and shall publish in the Federal Register notice of the initiation of such investigation.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">Within six months from the date on which a petition is filed under paragraph (3) (A) or on which notice is published of an investigation initiated under paragraph (3) (B), the Secretary shall make a preliminary determination, and within twelve months from such date shall make a final determination, as to whether or not any bounty or grant is being paid or bestowed.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">The Secretary shall from time to time ascertain and determine, or estimate, the net amount of each such bounty or grant, and shall declare the net amount so determined or estimated.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6"><sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote>“(6) </num> <content class="inline">The Secretary shall make all regulations he deems necessary for the identification of articles and merchandise subject to duties under this section and for the assessment and collection of such duties. <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>All determinations by the Secretary under this section, and all determinations by the Commission under subsection (b)(1), (whether affirmative or negative) shall be published in the Federal Register.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <heading><inline class="smallCaps">Injury Determinations With Respect to Duty-Free Merchandise; Suspension of Liquidation</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Whenever the Secretary makes a final determination under subsection (a) that a bounty or grant is being paid or bestowed with respect to any article or merchandise which is free of duty and a determination by the Commission is required under subsection (a) (2), he shall—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">so advise the Commission, and the Commission shall determine within three months thereafter, and after such investigation as it deems necessary, whether an industry in the United States is being or is likely to be injured, or is prevented from being established, by reason of the importation of such article or merchandise into the United States; and the Commission shall notify the Secretary of its determination; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">require, under such regulations as he may prescribe, the suspension of liquidation as to such article or merchandise entered, or withdrawn from warehouse, for consumption on or after the date of the publication in the Federal Register of his final determination under subsection (a), and such suspension of liquidation shall continue until the further order of the Secretary or until he has made public an order as provided for in paragraph (3).</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">For the purposes of this subsection, the Commission shall be deemed to have made an affirmative determination if the commissioners voting are evenly divided as to whether its determination should be in the affirmative or in the negative.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">If the determination of the Commission under paragraph (1) (A) is in the affirmative, the Secretary shall make public an order <page identifier="/us/stat/88/2051">88 <inline class="smallCaps">Stat</inline>. 2051</page>directing the assessment and collection of duties in the amount of such bounty or grant as is from time to time ascertained and determined, or estimated, under subsection (a).</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <heading><inline class="smallCaps">Application of Affirmative Determination</inline>.—</heading> <content class="inline">An affirmative final determination by the Secretary under subsection (a) with respect to any imported article or merchandise shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the publication in the Federal Register of such determination. In the case of any imported article or merchandise which is free of duty, so long as a finding of injury is required by the international obligations of the United States, the preceding sentence shall apply only if the Commission makes an affirmative determination of injury under subsection (b)(1).</content> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <heading><inline class="smallCaps">Temporary Provision While Negotiations Are in Process</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">It is the sense of the Congress that the President, to the extent practicable and consistent with United States interests, seek through negotiations the establishment of internationally agreed rules and procedures governing the use of subsidies (and other export incentives) and the application of countervailing duties.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">If, after seeking information and advice from such agencies as he may deem appropriate, the Secretary of the Treasury determines, at any time during the four-year period beginning on the date of the enactment of the Trade Act of 1974, that—<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1978.</p></sidenote></chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">adequate steps have been taken to reduce substantially or eliminate during such period the adverse effect of a bounty or grant which he has determined is being paid or bestowed with respect to any article or merchandise;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">there is a reasonable prospect that, under section 102 of the Trade Act of 1974, successful trade agreements will be entered<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1982.</p></sidenote> into with foreign countries or instrumentalities providing for the reduction or elimination of barriers to or other distortions of international trade; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">the imposition of the additional duty under this section with respect to such article or merchandise would be likely to seriously jeopardize the satisfactory completion of such negotiations;</content> </subparagraph> <continuation class="fontsize10">the imposition of the additional duty under this section with respect to such article or merchandise shall not be required during the remainder of such four-year period. This paragraph shall not apply<sidenote><p class="firstIndent1 fontsize8">Non-rubber footwear.</p></sidenote> with respect to any case involving non-rubber footwear pending on the date of the enactment of the Trade Act of 1974 until and unless agreements which temporize imports of non-rubber footwear become effective.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The determination of the Secretary under paragraph (2) may be revoked by him, in his discretion, at any time, and any determination made under such paragraph shall be revoked whenever the basis supporting such determination no longer exists. The additional duty provided under this section shall apply with respect to any affected articles or merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of any revocation under this subsection in the Federal Register.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e">“(e) </num> <heading><inline class="smallCaps">Reports to Congress</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Whenever the Secretary makes a determination under subsection (d) (2) with respect to any article or merchandise, he shall promptly transmit to the House of Representatives and the Senate a document setting forth the determination, together with his reasons therefor.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">If, at any time after the document referred to in paragraph (1) is delivered to the House of Representatives and the Senate, either <page identifier="/us/stat/88/2052">88 <inline class="smallCaps">Stat</inline>. 2052</page>the House or the Senate, adopts, by an affirmative vote of a majority of those present and voting in that House, a resolution of disapproval <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2004.</p></sidenote>under the procedures set forth in section 152, then such determination under subsection (d)(2) with respect to such article or merchandise shall have no force or effect beginning with the day after the date of the adoption of such resolution of disapproval, and the additional duty provided under this section with respect to such article or merchandise shall apply with respect to articles or merchandise entered, or withdrawn from warehouse, for consumption on or after such day.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">So much of section 516 of the Tariff Act of 1930 (19 U.S.C. 1516) as precedes subsection (d) is amended to read as follows: <quotedContent> <section class="fontsize10"> <num value="516">“SEC. 516. </num> <heading>PETITIONS BY AMERICAN MANUFACTURERS, PRODUCERS, OR WHOLESALERS.</heading> <subsection class="firstIndent1"> <num value="a">“(a) </num> <content class="inline">The Secretary shall, upon written request by an American manufacturer, producer, or wholesaler, furnish the classification, the <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2049.</p></sidenote>rate of duty, the additional duty described in section 303 of this Act (hereinafter in this section referred to as ‘countervailing duties’), if any, and the special duty described in section 202 of the Antidumping <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s161">19 USC 161.</ref></p></sidenote>Act, 1921 (hereinafter in this section referred to as ‘antidumping duties’), if any, imposed upon designated imported merchandise of a class or kind manufactured, produced, or sold at wholesale by him. If such manufacturer, producer, or wholesaler believes that the appraised value is too low, that the classification is not correct, that the proper rate of duty is not being assessed, or that countervailing duties or anti-dumping duties should be assessed, he may file a petition with the Secretary setting forth (1) a description of the merchandise, (2) the appraised value, the classification, or the rate or rates of duty that he eves proper, and (3) the reasons for his belief including, in appropriate instances, the reasons for his belief that countervailing duties or antidumping duties should be assessed.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">If, after receipt and consideration of a petition filed by an American manufacturer, producer, or wholesaler, the Secretary decides that the appraised value of the merchandise is too low, that the classification of the article or rate of duty assessed thereon is not correct, or that countervailing duties or antidumping duties should be assessed, he shall determine the proper appraised value or classification, rate of duty, or countervailing duties, or antidumping duties and shall notify the petitioner of his determination. Except for countervailing duty and antidumping duty purposes, all such merchandise entered for consumption or withdrawn from warehouse for consumption more than thirty days after the date such notice to the petitioner is published in the weekly Customs Bulletin shall be appraised or classified or assessed as to rate of duty in accordance with the Secretary’s determination. For countervailing duty purposes, the procedures set forth in section 303 shall apply. For antidumping duty purposes, the procedures <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2043.</p></sidenote>set forth in section 201 of the Antidumping Act, 1921, shall apply.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">If the Secretary decides that the appraised value or classification of the articles or the rate of duty with respect to which a petition was filed pursuant to subsection (a) is correct, or that countervailing duties or antidumping duties should not be assessed, he shall so inform the petitioner. If dissatisfied with the decision of the Secretary, the petitioner may file with the Secretary, not later than thirty days after the date of the decision, notice that he desires to contest the appraised value or classification of, or rate of duty assessed upon or the failure to assess countervailing duties or antidumping duties upon, the merchandise,. Upon receipt of notice from the petitioner, the Secretary shall <page identifier="/us/stat/88/2053">88 <inline class="smallCaps">Stat</inline>. 2053</page>cause publication to be made of his decision as to the proper appraised value or classification or rate of duty or that countervailing duties or antidumping duties should not be assessed and of the petitioner’s desire to contest, and shall thereafter furnish the petitioner with such information as to the entries and consignees of such merchandise, entered after the publication of the decision of the Secretary at such ports of entry designated by the petitioner in his notice of desire to contest, as will enable the petitioner to contest the appraised value or classification of, or rate of duty imposed upon or failure to assess countervailing duties or antidumping duties upon, such merchandise in the liquidation of one such entry at such port. The Secretary shall direct the appropriate Customs officer at such ports to notify the petitioner by mail immediately when the first of such entries is liquidated.”</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Section 515(d) of the Tariff Act of 1930 (19 U.S.C. 1315(d)) is amended by inserting before the period at the end thereof “<quotedText>or the imposition of countervailing duties under section 303</quotedText>”.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p, 2049.</p></sidenote></content> </subsection> <subsection class="firstIndent1"> <num value="d">(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The amendments made by this section shall take effect on the<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1303">19 USC 1303 note.</ref></p></sidenote> date of the enactment of this Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">For purposes of applying the provisions of section 303(a) (4) of the Tariff Act of 1930 (as amended by subsection (a)) with respect to any investigation which was initiated before the date of the enactment of this Act under section 303 of such Act (as in effect before such date), such investigation shall be treated as having been initiated on the day after such date of enactment under section 303(a) (3) (B) of such Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Any article which is entered or withdrawn from warehouse free of duty as a result of action taken under title V of this Act shall be considered a nondutiable article for purposes of section 303 of the Tariff Act of 1930, as amended (19 U.S.C. sec. 1303).</content> </paragraph> </subsection> </section> </chapter> <chapter> <num value="4">CHAPTER 4—</num> <heading class="centered">UNFAIR IMPORT PRACTICES</heading> <section class="fontsize10"> <num value="341">SEC. 341. </num> <heading>AMENDMENT TO SECTION 337 OF THE TARIFF ACT OF 1930.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) is amended to read as follows: <quotedContent> <section class="fontsize10"> <num value="337">“SEC. 337. </num> <heading>UNFAIR PRACTICES IN IMPORT TRADE.</heading> <subsection class="firstIndent1"> <num value="a">“(a) </num> <heading><inline class="smallCaps">Unfair Methods of Competition Declared Unlawful</inline>.—</heading> <content class="inline">Unfair methods of competition and unfair acts in the importation of articles into the United States, or in their sale by the owner, importer, consignee, or agent of either, the effect or tendency of which is to destroy or substantially injure an industry, efficiently and economically operated, in the United States, or to prevent the establishment of such an industry, or to restrain or monopolize trade and commerce in the United States, are declared unlawful, and when found by the Commission to exist shall be dealt with, in addition to any other provisions of law, as provided in this section.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <heading><inline class="smallCaps">Investigations of Violations by Commission; Time Limits</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Commission shall investigate any alleged violation of this section on complaint under oath or upon its initiative. Upon commencing<sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> any such investigation, the Commission shall publish notice thereof in the Federal Register. The Commission shall conclude any such investigation, and make its determination under this section, at<sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register</p></sidenote> the earliest practicable time, but not later than one year (18 months in more complicated cases) after the date of publication of notice of such investigation. The Commission shall publish in the Federal Register its reasons for designating any investigation as a more complicated investigation. For purposes of the one-year and 18-month periods prescribed by this subsection, there shall be excluded any <page identifier="/us/stat/88/2054">88 <inline class="smallCaps">Stat</inline>. 2054</page>period of time during which such investigation is suspended because of proceedings in a court or agency of the United States involving similar questions concerning the subject matter of such investigation.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">During the course of each investigation under this section, the Commission shall consult with, and seek advice and information from, the Department of Health, Education, and Welfare, the Department of Justice, the Federal Trade Commission, and such other departments and agencies as it considers appropriate.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">Whenever, in the course of an investigation under this section, the Commission has reason to believe, based on information before it, that the matter may come within the purview of section 303 or of the <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2049.</p></sidenote>Antidumping Act, 1921, it shall promptly notify the Secretary of the Treasury so that such action may be taken as is otherwise authorized by such section and such Act.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <heading><inline class="smallCaps">Determinations; Review</inline>.—</heading> <content class="inline">The Commission shall determine, with respect to each investigation conducted by it under this section, <sidenote><p class="firstIndent1 fontsize8">Hearing.</p></sidenote>whether or not there is a violation of this section. Each determination under subsection (d) or (e) shall be made on the record after notice and opportunity for a hearing in conformity with the provisions of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s551">5 USC 551.</ref></p></sidenote>subchapter II of chapter 5 of title 5, United States Code. All legal and equitable defenses may be presented in all cases. Any person adversely affected by a final determination of the Commission under subsection (d) or (e) may appeal such determination to the United States Court of Customs and Patent Appeals. Such court, shall have jurisdiction to review such determination in the same manner and subject to the same limitations and conditions as in the case of appeals from decisions of the United States Customs Court.</content> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <heading><inline class="smallCaps">Exclusion of Articles From Entry</inline>.—</heading> <content class="inline">If the Commission determines, as a result of an investigation under this section, that there is violation of this section, it shall direct that the articles concerned, imported by any person violating the provision of this section, be excluded from entry into the United States, unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. The Commission shall notify the Secretary of the Treasury of its action under this subsection directing such exclusion from entry, and upon receipt of such notice, the Secretary shall, through the proper officers, refuse such entry.</content> </subsection> <subsection class="firstIndent1"> <num value="e">“(e) </num> <heading><inline class="smallCaps">Exclusion of Articles From Entry During Investigation Except Under Bond</inline>.—</heading> <content class="inline">If, during the course of an investigation under this section, the Commission determines that there is reason to believe that there is a violation of this section, it may direct that the articles concerned, imported by any person with respect to whom there is Reason to believe that such person is violating this section, be excluded from entry into the United States, unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. The Commission shall notify the Secretary of the Treasury of its action under this subsection directing such exclusion from entry, and upon receipt of such notice, the Secretary shall, through the proper officers, refuse such entry, except that such articles shall be entitled to entry under bond determined by the Commission and prescribed by the Secretary.</content> </subsection> <page identifier="/us/stat/88/2055">88 <inline class="smallCaps">Stat</inline>. 2055</page> <subsection class="firstIndent1"> <num value="f">“(f) </num> <heading><inline class="smallCaps">Cease and Desist Orders</inline>.—</heading> <content class="inline">In lieu of taking action under subsection (d) or (e), the Commission may issue arid cause to be served on any person violating this section, or believed to be violating this section, as the case may be, an order directing such person to cease and desist from engaging in the unfair methods or acts involved, unless after considering the effect of such order upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such order should not be issued. The Commission may at any time, upon such notice and in such manner as it deems proper, modify or revoke any such order, and, in the case of a revocation, may take action under subsection (d) or (e), as the case may be.</content> </subsection> <subsection class="firstIndent1"> <num value="g">“(g) </num> <heading><inline class="smallCaps">Referral to the President</inline>.—</heading> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">If the Commission determines that there is a violation of this section, or that, for purposes of subsection (e), there is reason to believe that there is such a violation, it shall—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">publish such determination in the Federal Register, and<sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote></content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">transmit to the President a copy of such determination and the action taken under subsection (d), (e), or (f), with respect thereto, together with the record upon which such determination is based.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">If, before the close of the 60-day period beginning on the day after the day on which he receives a copy of such determination, the President, for policy reasons, disapproves such determination and notifies the Commission of his disapproval, then, effective on the date of such notice, such determination and the action taken under subsection (d), (e),or (f) with respect thereto shall have no force or effect.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">Subject to the provisions of paragraph (2), such determination shall, except for purposes of subsection (c), be effective upon publication thereof in the Federal Register, and the action taken under subsection (d), (e), or (f) with respect thereto shall be effective as provided in such subsections, except that articles directed to be excluded from entry under subsection (d) or subject to a cease and desist order under subsection (f) shall be entitled to entry under bond determined by the Commission and prescribed by the Secretary until such determination becomes final.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">If the President does not disapprove such determination within such 60-day period, or if he notifies the Commission before the close of such period that he approves such determination, then, for purposes of paragraph (3) and subsection (c) such determination shall become final on the day after the close of such period or the day on which the. President notifies the Commission of his approval, as the case may lie.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="h">“(h) </num> <heading><inline class="smallCaps">Period of Effectiveness</inline>.—</heading> <content class="inline">Except as provided in subsections (f) and (g), any exclusion from entry or order under this section shall continue in effect until the Commission finds, and in the case of exclusion from entry notifies the Secretary of the Treasury, that the conditions which led to such exclusion from entry or order no longer exist.</content> </subsection> <subsection class="firstIndent1"> <num value="i">“(i) </num> <heading><inline class="smallCaps">Importations by or for the United States</inline>.—</heading> <content class="inline">Any exclusion from entry or order under subsection (d), (e), or (f), in cases based on claims of United States letters patent, shall not apply to any articles imported by and for the use of the United States, or imported for, and to be used for, the United States with the authorization or consent of the Government. Whenever any article would have been excluded from entry or would not have been entered pursuant to the provisions of such subsections but for the operation of this subsection, a patent owner adversely affected shall be entitled to reasonable and entire <page identifier="/us/stat/88/2056">88 <inline class="smallCaps">Stat</inline>. 2056</page>compensation in an action before the Court of Claims pursuant to the procedures of section 1498 of title 28, United States Code.</content> </subsection> <subsection class="firstIndent1"> <num value="j">“(j) </num> <heading><inline class="smallCaps">Definition of United States</inline>.—</heading> <content class="inline">For purposes of this section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1338, 1340">19 USC 1338, 1340.</ref></p></sidenote>and sections 338 and 340, the term ‘United States’ means the customs territory of the United States as defined in general headnote 2 of the Tariff Schedules of the United States.”</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)) is amended by adding at the end thereof the following new sentence: <sidenote><p class="firstIndent1 fontsize8">Annual report.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2053.</p></sidenote>“<quotedText>Each such annual report shall include a list of all complaints filed under section 337 during the year for which such report is being made, the date on which each such complaint was filed, and the action taken thereon, and the status of all investigations conducted by the commission under such section during such year and the date on which each such investigation was commenced.</quotedText>”</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1337">19 USC 1337 note.</ref></p></sidenote>(c) </num> <content class="inline">The amendments made by this section shall take effect on the 90th day after the date of the enactment of this Act, except that, for purposes of issuing regulations under section 337 of the Tariff Act of 1930, such amendments shall take effect on the date of the enactment of this Act. For purposes of applying section 337(b) of the Tariff Act of 1930 (as amended by subsection (a)) with respect to investigations being conducted by the International Trade Commission under section 337 of the Tariff Act on the day prior to the 90th day after the date of the enactment of this Act, such investigations shall be considered as having been commenced on such 90th day.</content> </subsection> </section> </chapter> <num value="IV">TITLE IV—</num> <heading class="centered">TRADE RELATIONS WITH COUNTRIES NOT CURRENTLY RECEIVING NONDISCRIMINATORY TREATMENT</heading> <section class="fontsize10"> <num value="401"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2431">19 USC 2431.</ref></p></sidenote>SEC. 401. </num> <heading>EXCEPTION OF THE PRODUCTS OF CERTAIN COUNTRIES OR AREAS.</heading> <content>Except as otherwise provided in this title, the President shall continue to deny nondiscriminatory treatment to the products of any country, the products of which were not eligible for the rates set forth <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1202">19 USC 1202.</ref></p></sidenote>in rate column numbered 1 of the Tariff Schedules of the United States on the date of the enactment of this Act.</content> </section> <section class="fontsize10"> <num value="402"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2432">19 USC 2432.</ref></p></sidenote>SEC. 402. </num> <heading>FREEDOM OF EMIGRATION IN EAST-WEST TRADE.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <chapeau class="inline">To assure the continued dedication of the United States to fundamental human rights, and notwithstanding any other provision of law, on or after the date of the enactment of this Act products from any nonmarket economy country shall not be eligible to receive nondiscriminatory treatment (most-favored-nation treatment), such country shall not participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, directly or indirectly, and the President of the United States shall not conclude any commercial agreement with any such country, during the period beginning with the date on which the President determines that such country—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">denies its citizens the right or opportunity to emigrate;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">imposes more than a nominal tax on emigration or on the visas or other documents required for emigration, for any purpose or cause whatsoever; or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">imposes more than a nominal tax, levy, fine, fee, or other charge on any citizen as a consequence of the desire of such citizen to emigrate to the country of his choice,</content> </paragraph> <page identifier="/us/stat/88/2057">88 <inline class="smallCaps">Stat</inline>. 2057</page> <continuation class="fontsize10">and ending on the date on which the President determines that such country is no longer in violation of paragraph (1), (2), or (3).</continuation> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">After the date of the enactment of this Act, (A) products<sidenote><p class="firstIndent1 fontsize8">Nonmarket economy countries, products, eligibility.</p></sidenote> of a nonmarket economy country may be eligible to receive nondiscriminatory treatment (most-favored-nation treatment), (B) such country may participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, and ((’) the President may conclude a commercial agreement<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> with such country, only after the President has submitted to the Congress a report indicating that such country is not in violation of paragraph (1), (2), or (3) of subsection (a). Such report with respect to such country shall include information as to the nature and implementation of emigration laws and policies and restrictions or discrimination applied to or against persons wishing to emigrate. The report required by this subsection shall be submitted initially as provided herein and, with current information, on or before each June 30 and December 31 thereafter so long as such treatment is received, such credits or guarantees are extended, or such agreement is in effect.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">During the 18-month period beginning on the date of the<sidenote><p class="firstIndent1 fontsize8">Waiver.</p></sidenote> enactment of this Act, the President is authorized to waive by Executive order the application of subsection (a) and (b) with respect to any country, if he reports to the Congress that—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">he has determined that such waiver will substantially promote the objectives of this section; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">he has received assurances that the emigration practices of that country will henceforth lead substantially’ to the achievement of the objectives of this section.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">During any period subsequent to the 18-month period referred to in paragraph (1), the President is authorized to waive by Executive order the application of subsections (a) and (b) with respect to any country, if the waiver authority granted by this subsection continues to apply to such country pursuant to subsection (d), and if he reports to the Congress that—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">he has determined that such waiver will substantially promote the objectives of this section; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">he has received assurances that the emigration practices of that country will henceforth lead substantially to the achievement of the objectives of this section.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">A waiver with respect to any country shall terminate on the<sidenote><p class="firstIndent1 fontsize8">Termination.</p></sidenote> day after the waiver authority granted by this subsection ceases to be effective with respect to such country pursuant to subsection (d). The President may, at any time, terminate by Executive order any waiver granted under this subsection.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">If the President determines that the extension of the waiver<sidenote><p class="firstIndent1 fontsize8">Waiver authority, extension.</p></sidenote> authority granted by subsection (c) (1) will substantially promote the objectives of this section, he may recommend to the Congress that such authority be extended for a period of 12 months. Any such recommendation shall—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">be made not later than 30 days before the expiration of such authority;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">be made in a document transmitted to the House of Representatives and the Senate setting forth his reasons for recommending the extension of such authority; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">include, for each country with respect to which a waiver granted under subsection (c)(1) is in effect, a determination that continuation of the waiver applicable to that country will substantially promote the objectives of this section, and a statement setting forth his reasons for such determination. </content> </subparagraph> </paragraph> <page identifier="/us/stat/88/2058">88 <inline class="smallCaps">Stat</inline>. 2058</page> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">If the President recommends under paragraph (1) the extension of the waiver authority granted by subsection (c) (1), such authority shall continue in effect with respect to any county for a period of 12 months following the end of the 18-month period referred to in subsection (c) (1), if, before the end of such 18-month period, the House of Representatives and the Senate adopt, by an affirmative vote of a majority of the Members present and voting in each House and <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2006.</p></sidenote>under the procedures set forth in section 153, a concurrent resolution approving the extension of such authority, and such resolution does not name such country as being excluded from such authority. Such authority shall cease to be effective with respect to any country named in such concurrent resolution on the date of the adoption of such concurrent resolution. If before the end of such 18-month period, a concurrent resolution approving the extension of such authority is not adopted by the House and the Senate, but both the House and Senate vote on the question of final passage of such a concurrent resolution and—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">both the House and the Senate fail to pass such a concurrent resolution, the authority granted by subsection (c) (1) shall cease to be effective with respect to all countries at the end of such 18-month period;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">both the House and the Senate pass such a concurrent resolution which names such country as being excluded from such authority, such authority shall cease to be effective with respect to such country at the end of such 18-month period; or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">one House fails to pass such a concurrent resolution and the other House passes such a concurrent resolution which names such country as being excluded from such authority, such authority shall cease to be effective with respect to such country at the end of such 18-month period.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">If the President recommends under paragraph (1) the extension of the waiver authority granted by subsection (c) (1), and at the end of the 18-month period referred to in subsection (c) (1) the House of Representatives and the Senate have not adopted a concurrent resolution approving the extension of such authority and subparagraph (A) of paragraph (2) does not apply, such authority shall continue in effect for a period of 60 days following the end of such 18-month period with respect to any country (except for any country with respect, to which such authority was not extended by reason of the application of subparagraph (B) or (C) of paragraph (2)), and shall continue in effect for a period of 12 months following the end of such 18-month period with respect to any such country if, before the end of such 60-day period, the House of Representatives and the Senate adopt, by an affirmative vote of a majority of the Members present and voting in each House and under the procedures set forth in section 153, a concurrent resolution approving the extension of such authority, and such resolution does not name such country as being excluded from such authority. Such authority shall cease to be effective with respect to any country named in such concurrent resolution on the date of the adoption of such concurrent resolution. If before the end of such 60-day period, a concurrent resolution approving the extension of such authority is not adopted by the House and Senate, but both the House and Senate vote on the question of final passage of such a concurrent resolution and—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">both the House and the Senate fail to pass such a concurrent resolution, the authority granted by subsection (c) (1) shall cease to be effective with respect to all countries on the date of the vote on the question of final passage by the House which votes last; </content> </subparagraph> <page identifier="/us/stat/88/2059">88 <inline class="smallCaps">Stat</inline>. 2059</page> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">both the House and the Senate pass such a concurrent resolution which names such country as being excluded from such authority, such authority shall cease to be effective with respect to such country at the end of such 60-day period; or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">one House fails to pass such a concurrent resolution and the other House passes such a concurrent resolution which names such country as being excluded from such authority, such authority shall cease to be effective with respect to such country at the end of such 60-day period.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">If the President recommends under paragraph (1) the extension of the waiver authority granted by subsection (c) (1), and at the end of the 60-day period referred to in paragraph (3) the. House of Representatives and the Senate have not adopted a concurrent resolution approving the extension of such authority and subparagraph (A) of paragraph (3) does not apply, such authority shall continue in effect until the end of the 12-month period following the end of the 18-month period referred to in subsection (c) (1) with respect to any country (except for any country with respect to which such authority was not extended by reason of the application of subparagraph (B) or (C) of paragraph (2) or subparagraph (B) or (C) of paragraph (3)), unless before the end of the 45-day period following such 60-day period either the House of Representatives or the Senate adopts, by an affirmative vote of a majority of the Members present and voting in that House and under the procedures set forth in section 153, a resolution disapproving the extension of such authority generally or with respect to such country specifically. Such authority shall cease to be effective with respect to all countries on the date of the adoption by either House before the end of such 45-day period of a resolution disapproving the extension of such authority, and shall cease to be effective with respect to any country on the date of the adoption by either House before the end of such 45-day period of a resolution disapproving the extension of such authority with respect to such country.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <chapeau class="inline">If the waiver authority granted by subsection (c) has been<sidenote><p class="firstIndent1 fontsize8">Waiver authority, further extension.</p></sidenote> extended under paragraph (3) or (4) for any country for the 12-month period referred to in such paragraphs, and the President determines that the further extension of such authority will substantially promote the objectives of this section, he may recommend further extensions of such authority for successive. 12-month periods. Any such recommendations shall—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">be made not later than 30 days before the expiration of such authority;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">be made in a document transmitted to the House of Representatives and the Senate setting forth his reasons for recommending the extension of such authority; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">include, for each country with respect to which a waiver granted under subsection (c) is in effect, a determination that continuation of the waiver applicable to that country will substantially promote the objectives of this section, and a statement setting forth his reasons for such determination.</content> </subparagraph> <continuation class="fontsize10">If the President, recommends the further extension of such authority, such authority shall continue in effect until the end of the 12-month period following the end of the previous 12-month extension with respect to any country (except for any country with respect to which such authority has not been extended under this subsection), unless before the end of the 60-day period following such previous 12-month extension, either the House of Representatives or the Senate adopts, by an affirmative vote of a majority of the Members present and voting in that House and under the procedures set forth in section 153, a<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2006.</p></sidenote> <page identifier="/us/stat/88/2060">88 <inline class="smallCaps">Stat</inline>. 2060</page>resolution disapproving the extension of such authority generally or with respect to such country specifically. Such authority shall cease to be effective with respect to all countries on the date of the adoption by either House before the end of such 60-day period of a resolution disapproving the extension of such authority, and shall cease to be effective with respect to any country on the date of the adoption by either House before the end of such 60-day period of a resolution disapproving the extension of such authority with respect to such country.</continuation> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">This section shall not apply to any country the products of which are eligible for the rates set forth in rate column numbered 1 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1202">19 USC 1202.</ref></p></sidenote>of the Tariff Schedules of the United States on the date of the enactment of this Act.</content> </subsection> </section> <section class="fontsize10"> <num value="403"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2433">19 USC 2433.</ref></p></sidenote>SEC. 403. </num> <heading>UNITED STATES PERSONNEL MISSING IN ACTION IN SOUTHEAST ASIA.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <chapeau class="inline">Notwithstanding any other provision of law, if the President determines that a nonmarket economy country is not cooperating with the United States—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">to achieve a complete accounting of all United States military and civilian personnel who are missing in action in Southeast Asia,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">to repatriate such personnel who are alive, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">to return the remains of such personnel who are dead to the United States,</chapeau> <chapeau class="fontsize10">then, during the period beginning with the date of such determination and ending on the date on which the President determines such country is cooperating with the United States, he may provide that—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">the products of such country may not receive nondiscriminatory treatment,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">such country may not participate, directly or indirectly, in any program under which the United States extends credit, credit guarantees, or investment guarantees, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">no commercial agreement entered into under this title between such country and the United States will take effect.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">This section shall not apply to any country the products of which are eligible for the rates set forth in rate column numbered 1 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1202">19 USC 1202.</ref></p></sidenote>of the Tariff Schedules of the United States on the date of the enactment of this Act.</content> </subsection> </section> <section class="fontsize10"> <num value="404"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2434">19 USC 2434.</ref></p></sidenote>SEC. 404. </num> <heading>EXTENSION OF NONDISCRIMINATORY TREATMENT.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">Subject to the provisions of section 405(c), the President may by proclamation extend nondiscriminatory treatment to the products of a foreign country which has entered into a bilateral commercial agreement referred to in section 405.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The application of nondiscriminatory treatment shall be limited to the period of effectiveness of the obligations of the United States to such country under such bilateral commercial agreement. In addition, in the case of any foreign country receiving nondiscriminatory treatment pursuant to this title which has entered into an agreement with the United States regarding the settlement of lend-lease reciprocal aid and claims, the application of such nondiscriminatory treatment shall be limited to periods during which such country is not in arrears on its obligations under such agreement.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The President may at any time suspend or withdraw any extension of nondiscriminatory treatment to any country pursuant to subsection (a), and thereby cause all products of such country to be dutiable at the rates set forth in rate column numbered 2 of the Tariff <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1202">19 USC 1202.</ref></p></sidenote>Schedules for the United States. </content> </subsection> </section> <page identifier="/us/stat/88/2061">88 <inline class="smallCaps">Stat</inline>. 2061</page> <section class="fontsize10"> <num value="405">SEC. 405. </num> <heading>AUTHORITY TO ENTER INTO COMMERCIAL AGREEMENTS.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2435">19 USC 2435.</ref></p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">Subject to the provisions of subsections (b) and (c) of this section, the President may authorize the entry into force of bilateral commercial agreements providing nondiscriminatory treatment to the products of countries heretofore denied such treatment whenever he determines that such agreements with such countries will promote the purposes of this Act and are in the national interest.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">Any such bilateral commercial agreement shall—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">be limited to an initial period specified in the agreement which shall be no more than 3 years from the date the agreement enters into force; except that it may be renewable for additional periods, each not to exceed 3 years; if—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">a satisfactory balance of concessions in trade and services has been maintained during the life of such agreement, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">the President determines that actual or foreseeable reductions in United States tariffs and nontariff barriers to trade resulting from multilateral negotiations are satisfactorily reciprocated by the other party to the bilateral agreement;</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">provide that it is subject to suspension or termination at any time for national security reasons, or that the other provisions of such agreement shall not limit the rights of any party to take any act ion for the protect ion of its security interests;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">include safeguard arrangements (A) providing for prompt consultations whenever either actual or prospective imports cause or threaten to cause, or significantly contribute to, market disruption and (B) authorizing the imposition of such import restrictions as may be appropriate to prevent such market disruption;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">if the other party to the bilateral agreement is not a party to the Paris Convention for the Protection of Industrial Property,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/ust/t21/s1583">21 UST 1583.</ref></p></sidenote> provide rights for United States nationals with respect to patents and trademarks in such country not less than the rights specified in such convention;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">if the other party to the bilateral agreement is not a party to the Universal Copyright Convention, provide rights for<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/ust/t6/s2731">6 UST 2731.</ref></p></sidenote> United States nationals with respect to copyrights in such country not less than the rights specified in such convention;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">in the case of an agreement entered into or renewed after the date of the enactment of this Act, provide arrangements for the protection of industrial rights and processes;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">provide arrangements for the settlement of commercial differences and disputes;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">(8) </num> <content class="inline">in the case of an agreement entered into or renewed after the date of the enactment of this Act, provide arrangements for the promotion of trade, which may include those for the establishment or expansion of trade and tourist promotion offices, for facilitation of activities of governmental commercial officers, participation in trade faire and exhibits, and the sending of trade missions, and for facilitation of entry, establishment, and travel of commercial representatives;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">(9) </num> <content class="inline">provide for consultations for the purpose of reviewing the operation of the agreement and relevant aspects of relations between the United States and the other party; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">(10) </num> <content class="inline">provide such other arrangements of a commercial nature as will promote the purposes of this Act.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">An agreement referred to in subsection (a), and a proclamation referred to in section 404(a) implementing such agreement, shall take effect only if (1) approved by the Congress by the adoption of a <page identifier="/us/stat/88/2062">88 <inline class="smallCaps">Stat</inline>. 2062</page><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2001.</p></sidenote>concurrent resolution referred to in section 151, or (2) in the case of an agreement entered into before the date of the enactment of this Act and a proclamation implementing such agreement, a resolution of <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2004.</p></sidenote>disapproval referred to in section 152 is not adopted during the 90-day period specified by section 407(c) (2).</content> </subsection> </section> <section class="fontsize10"> <num value="406"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2436">19 USC 2436.</ref></p></sidenote>SEC. 406. </num> <heading>MARKET DISRUPTION.</heading> <subsection class="firstIndent1"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Upon the filing of a petition by an entity described in section <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2011.</p></sidenote>201(a)(1), upon request of the President or the Special Representative for Trade Negotiations, upon resolution of either the Committee on Ways and Means of the House of Representatives or the Committee on Finance of the Senate, or on its own motion, the International Trade Commission (hereafter in this section referred to as the “Commission”) shall promptly make an investigation to determine, with respect to imports of an article which is the product of a Communist country, whether market disruption exists with respect to an article produced by a domestic industry.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The provisions of subsections (a)(2), (b)(3), and (c) of section 201 shall apply with respect to investigations by the Commission under paragraph (1).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8">Report to President.</p></sidenote>(3) </num> <content class="inline">The Commission shall report to the President its determination with respect to each investigation under paragraph (1) and the basis therefor and shall include in each report any dissenting or separate views. If the Commission finds, as a result of its investigation, that market disruption exists with respect to an article producer! by a domestic industry, it shall find the amount of the increase in, or imposition of, any duty or other import restriction on such article which is necessary to prevent or remedy such market disruption and shall include such finding in its report to the President. The Commission shall furnish to the President a transcript of the hearings and any briefs which may have been submitted in connection with each investigation.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">The report of the Commission of its determination with respect to an investigation under paragraph (1) shall be made at the earliest practicable time, but not later than 3 months after the date on which the petition is filed (or the date on which the request or resolution is received or the motion is adopted, as the case may be). Upon making such report to the President, the Commission shall also promptly make public such report (with the exception of information which the Commission <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>determines to be confidential) and shall cause a summary thereof to be published in the Federal Register.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 2014, 2015.</p></sidenote>(b) </num> <chapeau class="inline">For purposes of sections 202 and 203, an affirmative determination of the Commission under subsection (a) shall be treated as an affirmative determination under section 201(b), except that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the President may take action under sections 202 and 203 only with respect to imports from the country or countries involved of the article with respect to which the affirmative determination was made, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">if such action consists of, or includes, an orderly marketing agreement, such agreement shall be entered into within 60 days after the import relief determination date.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Investigation.</p></sidenote>(c) </num> <content class="inline">If, at any time, the President finds that there are reasonable grounds to believe, with respect to imports of an article which is the product of a Communist country, that market disruption exists with respect to an article produced by a domestic industry, he shall request <sidenote><p class="firstIndent1 fontsize8">Emergency action.</p></sidenote>the Commission to initiate an investigation under subsection (a). If the President further finds that emergency action is necessary, he may take action under sections 202 and 203 as if an affirmative determination of the Commission had been made under subsection (a). Any <page identifier="/us/stat/88/2063">88 <inline class="smallCaps">Stat</inline>. 2063</page>action taken by the President under the preceding sentence shall cease to apply (1) if a negative determination is made by the Commission under subsection (a) with respect to imports of such article, on the day on which the Commission’s report or such determination is submitted to the President, or (2) if an affirmative determination is made by the Commission under subsection (a) with respect to imports of such article, on the day on which the action taken by the President pursuant to such determination becomes effective.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">A petition may be filed with the President by an entity described in section 201(a)(1) requesting the President to initiate<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2011.</p></sidenote> consultations provided for by the safeguard arrangements of any agreement entered into under section 405 with respect to imports of an article which is the product of the country which is the other party to such agreement.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">If the President determines that there are reasonable grounds to believe, with respect to imports of such article, that market disruption exists with respect to an article produced by a domestic industry, he shall initiate consultations with such country with respect to such imports.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <chapeau class="inline">For purposes of this section—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The term “Communist country” means any country dominated<sidenote><p class="firstIndent1 fontsize8">“Communist country.”</p></sidenote> or controlled by communism.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Market disruption exists within a domestic industry whenever imports of an article, like or directly competitive with an article produced by such domestic industry, are increasing rapidly, either absolutely or relatively, so as to be a significant cause of material injury, or threat thereof, to such domestic industry.</content> </paragraph> </subsection> </section> <section class="fontsize10"> <num value="407">SEC. 407. </num> <heading>PROCEDURE FOR CONGRESSIONAL APPROVAL OR DISAPPROVAL OF EXTENSION OF NONDISCRIMINATORY TREATMENT AND PRESIDENTIAL REPORTS.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2437">19 USC 2437.</ref></p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">Whenever the President issues a proclamation under section 404 extending nondiscriminatory treatment to the products of any foreign country, he shall promptly transmit to the House of Representatives and to the Senate a document setting forth the proclamation and the agreement the proclamation proposes to implement, together with his reasons therefor.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The President shall transmit to the House of Representatives and the Senate a document containing the initial report submitted by him under section 402(b) or 409(b) with respect to a nonmarket economy country. On or before December 31 of each year, the President shall transmit to the House of Representatives and the Senate, a document containing the report required by section 402(b) or 409(b) as the case may be, to be submitted on or before such December 31.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">In the case of a document referred to in subsection (a) (other than a document to which paragraph (2) applies), the proclamation set forth therein may become effective and the agreement set forth therein may enter into force and effect only if the House of Representatives and the Senate adopt, by an affirmative vote of a majority of those present and voting in each House, a concurrent resolution of approval (under the procedures set forth in section 151)<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2001.</p></sidenote> of the extension of nondiscriminatory treatment to the products of the country concerned.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">In the case of a document referred to in subsection (a) which sets forth an agreement entered into before the date of the enactment of this Act and a proclamation implementing such agreement, such proclamation may become effective and such agreement may enter into force and effect after the close of the 90-day period beginning on the day on which such document is delivered to the House of Representatives and to the Senate, unless during such 90-day period either the <page identifier="/us/stat/88/2064">88 <inline class="smallCaps">Stat</inline>. 2064</page>House of Representatives or the Senate adopts, by an affirmative vote of a majority of those present and voting in that House, a resolution <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2004.</p></sidenote>of disapproval (under the procedures set forth in section 152) of the extension of nondiscriminatory treatment to the products of the country concerned.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">In the case of a document referred to in subsection (b) which contains a report submitted by the President under section 402(b) or 409(b) with respect to a nonmarket economy country, if, before the close of the 90-day period beginning on the day on which such document is delivered to the House of Representatives and to the Senate, either the House of Representatives or the Senate adopts, by an affirmative vote of a majority of those present and voting in that House, a resolution of disapproval (under the procedures set forth in section 152) of the report submitted by the President with respect to such country, then, beginning with the day after the date of the adoption of such resolution of disapproval, (A) nondiscriminatory treatment shall not be in force with respect to the products of such country, and the products of such country shall be dutiable at the rates set forth in <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1202">19 USC 1202.</ref></p></sidenote>rate column numbered 2 of the Tariff Schedules of the United States, (B) such country may not participate in any program of the Government of the United States which extends credit or credit guarantees or investment guarantees, and (C) no commercial agreement may thereafter be concluded with such country under this title.</content> </paragraph> </subsection> </section> <section class="fontsize10"> <num value="408"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2438">19 USC 2438.</ref></p></sidenote>SEC. 408. </num> <heading>PAYMENT BY CZECHOSLOVAKIA OF AMOUNTS OWED UNITED STATES CITIZENS AND NATIONALS.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">The arrangement initialed on July 5, 1974, with respect to the settlement of the claims of citizens and nationals of the United States against the Government of Czechoslovakia shall be renegotiated and shall be submitted to the Congress as part of any agreement entered into under this title with Czechoslovakia.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The United States shall not release any gold belonging to Czechoslovakia and controlled directly or indirectly by the United States pursuant to the provisions of the Paris Reparations Agreement <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/61/3157">61 Stat. 3157</ref>.</p></sidenote>of January 24, 1946, or otherwise, until such agreement has been approved by the Congress.</content> </subsection> </section> <section class="fontsize10"> <num value="409"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2439">19 USC 2439.</ref></p></sidenote>SEC. 409. </num> <heading>FREEDOM TO EMIGRATE TO JOIN A VERY CLOSE RELATIVE IN THE UNITED STATES.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <chapeau class="inline">To assure the continued dedication of the United States to the fundamental human rights and welfare of its own citizens, and not-withstanding any other provision of law, on or after the date of the enactment of this Act, no nonmarket economy country shall participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, directly or indirectly, and the President of the United States shall not conclude any commercial agreement with any such country, during the period beginning with the date on which the President determines that such country—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">denies its citizens the right or opportunity to join permanently through emigration, a very close relative in the United State, such as a spouse, parent, child, brother, or sister;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">imposes more than a nominal tax on the visas or other documents required for emigration described in paragraph (1); or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">imposes more than a nominal tax, levy, fine, fee, or other charge on any citizen as a consequence of the desire of such citizen to emigrate as described in paragraph (1),</content> </paragraph> <continuation class="fontsize10">and ending on the date on which the President determines that such country is no longer in violation of paragraph (1), (2), or (3).</continuation> </subsection> <page identifier="/us/stat/88/2065">88 <inline class="smallCaps">Stat</inline>. 2065</page> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">After the date of the enactment of this Act, (A) a nonmarket economy country may participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, and (B) the President may conclude a commercial<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> agreement with such country, only after the President has submitted to the Congress a report indicating that such country is not in violation of paragraph (1), (2), or (3) of subsection (a). Such report with respect to such country shall include information as to the nature and implementation of its laws and policies and restrictions or discrimination applied to or against persons wishing to emigrate to the United States to join close relatives. The report required by this subsection shall be submitted initially as provided herein and, with current information, on or before each June 30 and December 31 thereafter, so long as such credits or guarantees are extended or such agreement is in effect.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">This section shall not apply to any country the products of which are eligible for the rates set forth in rate column numbered 1 of the Tariff Schedules of the United States on the date of enactment of this Act.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1202">19 USC 1202.</ref></p></sidenote></content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">During any period that a waiver is in effect with respect to any nonmarket economy country under section 402(c), the provisions of subsections (a) and (b) shall not apply with respect to such country.</content> </subsection> </section> <section class="fontsize10"> <num value="410">SEC. 410. </num> <heading>EAST-WEST TRADE STATISTICS MONITORING SYSTEM.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2440">19 USC 2440.</ref></p></sidenote> <content>The International Trade Commission shall establish and maintain a program to monitor imports of articles into the United States from nonmarket economy countries and exports of articles from the United States to nonmarket economy countries. To the extent feasible, the Commission shall coordinate such program with any relevant data gathering programs presently conducted by the Secretary of Commerce. The Secretary of Commerce shall provide the Commission with any information which, in the determination of the Commission, is necessary to carry out this section. The Commission shall publish<sidenote><p class="firstIndent1 fontsize8">Summary of data, transmittal to Congress.</p></sidenote> a detailed summary of the data collected under the East-West Trade Statistics Monitoring System not less frequently than once each calendar quarter and shall transmit such publication to the East-West Foreign Trade Board and to Congress. Such publication shall include data on the effect of such imports, if any, on the production of like, or directly competitive, articles in the United States and on employment within the industry which produces like, or directly competitive, articles in the United States.</content> </section> <section class="fontsize10"> <num value="411">SEC. 411. </num> <heading>EAST-WEST FOREIGN TRADE BOARD.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2441">19 USC 2441.</ref></p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">The President shall establish an East-West Foreign Trade<sidenote><p class="firstIndent1 fontsize8">Establishment.</p></sidenote> Board (hereinafter referred to as the “Board”) to monitor trade between persons and agencies of the United States Government and nonmarket economy countries or instrumentalities of such countries to insure that such trade will be in the national interest of the United States.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Any person who exports technology vital to the national<sidenote><p class="firstIndent1 fontsize8">Report.</p></sidenote> interest, of the United States to a nonmarket economy country or an instrumentality of such country, and any agency of the United States which provides credits, guarantees or insurance to such country or such instrumentality in an amount in excess of $5,000,000 during any calendar year, shall file a report with the Board in such form and manner as the Board requires which describes the nature and terms of such export or such provision.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">For purposes of paragraph (1), if the total amount of credits, guarantees and insurance which an agency of the United States provides to all nonmarket economy countries and the instrumentalities <page identifier="/us/stat/88/2066">88 <inline class="smallCaps">Stat</inline>. 2066</page>of such countries exceeds $5,000,000 during a calendar year, then all subsequent provisions of credits, guarantees or insurance in any amount, during such year shall be reported to the Board under the provisions of paragraph (1).</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote>(c) </num> <content class="inline">The Board shall submit to Congress a quarterly report on trade between the United States and nonmarket economy countries and instrumentalities of such countries. Such report shall include a review of the status of negotiations of bilateral trade agreements between the United States and such countries under this title, the activities of joint trade commissions created pursuant to such agreements, the resolution of commercial disputes between the United States and such countries, any exports from such countries which have caused disruption of United States markets, and recommendations for the promotion of east-west trade in the national interest of the United States.</content> </subsection> </section> <num value="V">TITLE V—</num> <heading class="centered">GENERALIZED SYSTEM OF PREFERENCES</heading> <section class="fontsize10"> <num value="501"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2461">19 USC 2461.</ref></p></sidenote>SEC. 501. </num> <heading>AUTHORITY TO EXTEND PREFERENCES.</heading> <chapeau>The President may provide duty-free treatment for any eligible article from any beneficiary developing country in accordance with the provisions of this title. In taking any such action, the President shall have due regard for—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the effect such action will have on furthering the economic development of developing countries;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the extent to which other major developed countries are undertaking a comparable effort to assist developing countries by granting generalized preferences with respect to imports of products of such countries; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the anticipated impact of such action on United States producers of like or directly competitive products.</content> </paragraph> </section> <section class="fontsize10"> <num value="502"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2462">19 USC 2462.</ref></p></sidenote>SEC. 502. </num> <heading>BENEFICIARY DEVELOPING COUNTRY.</heading> <subsection class="firstIndent1"> <num value="a"><sidenote><p class="firstIndent1 fontsize8">“Beneficiary developing country.“</p></sidenote>(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">For purposes of this title, the term “beneficiary developing country” means any country with respect to which there is in effect an Executive order by the President of the United States designating such country as a beneficiary developing country for purposes of this title. Before, the President designates any country as a beneficiary developing country for purposes of this title, he shall notify the House of Representatives and the Senate of his intention to make such designation, together with the considerations entering into such decision.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">If the President has designated any country as a beneficiary developing country for purposes of this title, he shall not terminate such designation (either by issuing an Executive order for that purpose or by issuing an Executive order which has the effect of terminating such designation) unless, at least 60 days before such termination, he has notified the House of Representatives and the Senate and has notified such country of his intention to terminate such designation, together with the considerations entering into such decision.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8">“Country.“</p></sidenote>(3) </num> <content class="inline">For purposes of this title, the term “country” means any foreign country, any overseas dependent territory or possession of a foreign country, or the Trust Territory of the Pacific Islands. In the case of an association of countries which is a free trade area or customs union, the President may by Executive order provide that all members of such association other than members which are barred from designation under subsection (b) shall be treated as one country for purposes of this title.</content> </paragraph> </subsection> <page identifier="/us/stat/88/2067">88 <inline class="smallCaps">Stat</inline>. 2067</page> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">No designation shall be made under this section with respect to<sidenote><p class="firstIndent1 fontsize8">Designation restriction.</p></sidenote> any of the following:</chapeau> <chapeau class="fontsize10">In addition, the President shall not designate any country a beneficiary developing country under this section—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">if such country is a Communist country, unless (A) the products of such country receive nondiscriminatory treatment, (B) such country is a contracting party to the General Agreement on Tariffs and Trade and a member of the International Monetary Fund, and (C) such country is not dominated or controlled by international communism;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">if such country is a member of the Organization of Petroleum Exporting Countries, or a party to any other arrangement of foreign countries, and such country participates in any action pursuant to such arrangement the effect of which is to withhold supplies of vital commodity resources from international trade or to raise the price of such commodities to an unreasonable level and to cause serious disruption of the world economy; withhold supplies of vital commodity resources from international trade or to raise the price of such commodities to an unreasonable level which causes serious disruption of the world economy;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">if such country affords preferential treatment to the products of a developed country, other than the United States, which has, or is likely to have, a significant adverse effect on United States commerce, unless the President has received assurances satisfactory to him that such preferential treatment will be eliminated before January 1, 1976, or that action will be taken before January 1, 1976, to assure that there will be no such significant adverse effect, and he reports those assurances to the Congress;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <chapeau class="inline">if such country—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">has nationalized, expropriated, or otherwise seized ownership or control of property owned by a United States citizen or by a corporation, partnership, or association which is 50 percent or more beneficially owned by United States citizens,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">has taken steps to repudiate or nullify an existing contract or agreement with a United States citizen or a corporation, partnership, or association which is 50 percent or more beneficially owned by United States citizens, the effect of which is to nationalize, expropriate, or otherwise seize ownership or control of property so owned, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">has imposed or enforced taxes or other exactions, restrictive maintenance or operational conditions, or other measures with respect to property so owned, the effect of which is to nationalize, expropriate, or otherwise seize ownership or control of such property,</content> </subparagraph> <continuation class="fontsize10">unless—</continuation> <page identifier="/us/stat/88/2068">88 <inline class="smallCaps">Stat</inline>. 2068</page> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <chapeau class="inline">the President determines that—</chapeau> <clause class="indent3 fontsize10"> <num value="i">(i) </num> <content class="inline">prompt, adequate, and effective compensation has been or is being made to such citizen, corporation, partnership, or association,</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">(ii) </num> <content class="inline">good faith negotiations to provide prompt adequate, and effective compensation under the applicable provisions of international law are in progress, or such country is otherwise taking steps to discharge its obligations under international law with respect to such citizen, corporation, partnership, or association, or</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">(iii) </num> <content class="inline">a dispute involving such citizen, corporation, partnership, or association over compensation for such a seizure has been submitted to arbitration under the provisions of the Convention for the Settlement of Investment Disputes, or in another mutually agreed upon forum, and</content> </clause> <continuation class="fontsize10">promptly furnishes a copy of such determination to the Senate and House of Representatives;</continuation> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">if such country does not take adequate steps to cooperate with the United States to prevent narcotic drugs and other controlled substances ( as listed in the schedules in section 202 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 812) ) produced, processed, or transported in such country from entering the United States unlawfully; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">if such country fails to act in good faith in recognizing as binding or in enforcing arbitral awards in favor of United States citizens or a corporation, partnership or association which is 50 percent or more beneficially owned by United States citizens, which have been made by arbitrators appointed for each case or by permanent arbitral bodies to which the parties involved have submitted their dispute.</content> </paragraph> <continuation class="firstIndent1 fontsize10">Paragraphs (4), (5), and (6) shall not prevent the designation of any country as a beneficiary developing country under this section if the President determines that such designation will be in the national economic interest of the United States and reports such determination to the Congress with his reasons therefor.</continuation> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <chapeau class="inline">In determining whether to designate any country a beneficiary developing country under this section, the President shall take into account—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">an expression by such country of its desire to be so designated;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the level of economic development of such country, including its per capita gross national product, the living standards of its inhabitants, and any other economic factors which he deems appropriate;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">whether or not the other major developed countries are extending generalized preferential tariff treatment to such country; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the extent to which such country has assured the United States it will provide equitable and reasonable access to the markets and basic commodity resources of such country.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">General headnote 3(a) to the Tariff Schedules of the United States (19 U.S.C. 1202) (relating to products of insular possessions) is amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">Subject to the limitations imposed under sections 503 (b) and 504(c) of the Trade Act of 1974, articles designated eligible articles under section 503 of such Act which are imported from an insular possession of the United States shall receive duty treat-<page identifier="/us/stat/88/2069">88 <inline class="smallCaps">Stat</inline>. 2069</page>ment no less favorable than the treatment afforded such articles imported from a beneficiary developing country under title V of such Act.”</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">The President may exempt from the application of paragraph<sidenote><p class="firstIndent1 fontsize8">Exemptions.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2462">19 USC 2462.</ref></p></sidenote> (2) of subsection (b) any country during the period during which such country (A) is a party to a bilateral or multilateral trade agreement to which the United States is also a party if such agreement fulfills the negotiating objectives set forth in section 108 of assuring the United States fair and equitable access at reasonable prices to supplies of articles of commerce important to the economic requirements of the United States and (B) is not in violation of such agreement by action denying the United States such fair and equitable access.</content> </subsection> </section> <section class="fontsize10"> <num value="503">SEC. 503. </num> <heading>ELIGIBLE ARTICLES.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2463">19 USC 2463.</ref></p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">The President shall, from time to time, publish and furnish the International Trade Commission with lists of articles which may be considered for designation as eligible articles for purposes of this title. Before, any such list is furnished to the Commission, there shall be in effect an Executive order under section 502 designating beneficiary developing countries. The provisions of sections 131, 132, 133, and 134 of this Act shall be complied with as though action under<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 1994, 1995.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 1982.</p></sidenote> section 501 were action under section 101 of this Act to carry out a trade agreement entered into under section 101. After receiving the advice of the Commission with respect to the listed articles, the President shall designate those articles he considers appropriate to be eligible articles for purposes of this title by Executive order.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">The duty-free treatment provided under section 501 with respect to any eligible article shall apply only—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">to an article which is imported directly from a beneficiary developing country into the customs territory of the United States; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">if the sum of (i) the cost or value of the materials produced in the beneficiary developing country plus (ii) the direct costs of processing operations performed in such beneficiary developing country is not less than 35 percent of the appraised value of such article at the time of its entry into the customs territory of the United States; or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">if the sum of (i) the cost or value of the materials produced in 2 or more countries which are members of the same association of countries which is treated as one country under section 502(a) (3), plus (ii) the direct costs of processing operations performed in such countries is not less than 50 percent of the appraised value of such article at the time of its entry into the customs territory’ of the United States.</content> </subparagraph> <continuation class="fontsize10">For purposes of paragraph (2) (A), the term “country” does not<sidenote><p class="firstIndent1 fontsize8">“Country.”</p></sidenote> include an association of countries which is treated as one country under section 502(a) (3) but does include a country which is a member of any such association. The Secretary of the Treasury shall prescribe<sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote> such regulations as may be necessary to carry out this subsection.</continuation> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The President may not designate any article as an eligible<sidenote><p class="firstIndent1 fontsize8">Import-sensitive articles.</p></sidenote> article under subsection (a) if such article is within one of the following categories of import-sensitive articles—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">textile and apparel articles which are subject to textile agreements,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">watches,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">import-sensitive electronic articles,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">import-sensitive steel articles,</content> </subparagraph> <page identifier="/us/stat/88/2070">88 <inline class="smallCaps">Stat</inline>. 2070</page> <subparagraph class="indent2 fontsize10"> <num value="E">(E) </num> <content class="inline">footwear articles specified in items 700.05 through 700.27, 700.29 through 700.53, 700.55.23 through 700.55.75, and 700.60 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1202">19 USC 1202.</ref></p></sidenote>through 700.80 of the Tariff Schedules of the United States,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">(F) </num> <content class="inline">import-sensitive semimanufactured and manufactured glass products, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="G">(G) </num> <content class="inline">any other articles which the President determines to be import-sensitive in the context of the Generalized System of Preferences.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">No article shall be an eligible article for purposes of this title for any period during which such article is the subject of any action <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2015</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1862/s1981">19 USC 1862, 1981.</ref></p></sidenote>proclaimed pursuant to section 203 of this Act or section 232 or 351 of the Trade Expansion Act of 1962.</content> </paragraph> </subsection> </section> <section class="fontsize10"> <num value="504"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2464">19 USC 2464.</ref></p></sidenote>SEC. 504. </num> <heading>LIMITATIONS ON PREFERENTIAL TREATMENT.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">The President may withdraw, suspend, or limit the application of the duty-free treatment accorded under section 501 with respect to any article or with respect to any country; except that no rate of duty may be established in respect of any article pursuant to this section other than the rate which would apply but for this title. In taking any action under this subsection, the President shall consider the factors set forth in sections 501 and 502(c).</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Beneficiary developing country, designation withdrawal or suspension.</p></sidenote>(b) </num> <content class="inline">The President shall, after complying with the requirements of section 502(a) (2), withdraw or suspend the designation of any country as a beneficiary developing country if, after such designation, he determines that as the result of changed circumstances such country would be barred from designation as a beneficiary developing country under section 502(b). Such country shall cease to be a beneficiary developing country on the day on which the President issues an Executive order revoking his designation of such country under section 502.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Whenever the President determines that any country—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">has exported (directly or indirectly) to the United States during a calendar year a quantity of an eligible article having an appraised value in excess of an amount which bears the same ratio to $25,000,000 as the gross national product of the United States for the preceding calendar year, as determined by the Department of Commerce, bears to the gross national product of the United States for calendar year 1974, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <chapeau class="inline">except as provided in subsection (d), has exported (either directly or indirectly) to the United States a quantity of any eligible article equal to or exceeding 50 percent of the appraised value of the total imports of such article into the United States during any calendar year,</chapeau> <chapeau class="fontsize10">then, not later than 60 days after the close of such calendar year, such country shall not be treated as a beneficiary developing country with <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote>respect to such article, except that, if before such 60th day, the President determines and publishes in the Federal Register that, with respect to such country—</chapeau> <clause class="indent3 fontsize10"> <num value="i">(i) </num> <content class="inline">there has been an historical preferential trade relationship between the United States and such country,</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">(ii) </num> <content class="inline">there is a treaty or trade agreement in force covering economic relations between such country and the United States, and</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">(iii) </num> <content class="inline">such country does not discriminate against, or impose unjustifiable or unreasonable barriers to, United States commerce,</content> </clause> </subparagraph> <continuation class="firstIndent1 fontsize10">then he may designate, or continue the designation of, such country as a beneficiary developing country with respect to such article.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">A country which is no longer treated as a beneficiary developing country with respect to an eligible article by reason of this subsection <page identifier="/us/stat/88/2071">88 <inline class="smallCaps">Stat</inline>. 2071</page>may be redesignated, subject to the provisions of section 502, a beneficiary developing country with respect to such article if imports of such article from such country did not exceed the limitations in paragraph (1) of this subsection during the preceding calendar year.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">Subsection (c) (1) (B) does not apply with respect to any eligible article if a like or directly competitive article is not produced on the date of enactment, of this Act in the United States.</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">No action pursuant to section 501 may affect any tariff duty<sidenote><p class="firstIndent1 fontsize8">Puerto Rico, imported coffee, duty.</p></sidenote> imposed by the Legislature of Puerto Rico pursuant to section 319 of the Tariff’Act of 1930 (19 U.S.C. sec. 1319) on coffee imported into Puerto Rico.</content> </subsection> </section> <section class="fontsize10"> <num value="505">SEC. 505. </num> <heading>TIME LIMIT ON TITLE; COMPREHENSIVE REVIEW.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2465">19 USC 2465.</ref></p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">No duty-free treatment under this title shall remain in effect after the date which is 10 years after the date of the enactment of this Act.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">On or before the date which is 5 years after the date of the<sidenote><p class="firstIndent1 fontsize8">Presidential report to Congress.</p></sidenote> enactment of this Act, the President shall submit to the Congress a full and complete report of the operation of this title.</content> </subsection> </section> <num value="VI">TITLE VI—</num> <heading class="centered">GENERAL PROVISIONS</heading> <section class="fontsize10"> <num value="601">SEC. 601. </num> <heading>DEFINITIONS.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2481">19 USC 2481.</ref></p></sidenote> <chapeau>For purposes of this Act—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The term “duty” includes the rate and form of any import duty, including but not limited to tariff-rate quotas.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Tire term “other import restriction” includes a limitation, prohibition, charge, and exaction other than duty, imposed on importation or imposed for the regulation of importation. The term does not include any orderly marketing agreement.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The term “ad valorem” includes ad valorem equivalent. Whenever any limitation on the amount by which or to which any rate of duty may be decreased or increased pursuant, to a trade agreement is expressed in terms of an ad valorem percentage, the ad valorem amount taken into account for purposes of such limitation shall be determined by the President on the basis of the value of imports of the articles concerned during the most recent representative period.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">The term “ad valorem equivalent” means the ad valorem equivalent of a specific rate or, in the case of a combination of rates including a specific rate, the sum of the ad valorem equivalent of the specific rate and of the ad valorem rate. The ad valorem equivalent shall be determined by the President on the basis of the value of imports of the article concerned during the most recent representative period. In determining the value of imports, the President shall utilize, to the maximum extent practicable, the standards of valuation contained in section 402 or 402a of the Tariff Act of 1930 (19 U.S.C. sec. 1401a or 1402) applicable to the article concerned during such representative period.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">An imported article is “directly competitive with” a domestic article at an earlier or later stage of processing, and a domestic article is “directly competitive with” an imported article at an earlier or later stage of processing, if the importation of the article has an economic effect on producers of the domestic article comparable to the effect of importation of articles in the same stage of processing as the domestic article. For purposes of this paragraph, the unprocessed article is at an earlier stage of processing. </content> </paragraph> <page identifier="/us/stat/88/2072">88 <inline class="smallCaps">Stat</inline>. 2072</page> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">The term “modification”, as applied to any duty or other import restriction, includes the elimination of any duty or other import restriction.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">The term “existing” means (A) when used, without the specification of any date, with respect to any matter relating to entering into or carrying out a trade agreement or other action authorized by this Act, existing on the day on which such trade agreement is entered into or such other action is taken; and (B) when used with respect to a rate of duty, the nonpreferential rate of duty (however established, and even though temporarily suspended by Act of Congress or otherwise) set forth in rate column numbered 1 of schedules 1 through 7 of the Tariff Schedules of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1202">19 USC 1202.</ref></p></sidenote>the United States on the date specified or (if no date is specified) on the day referred to in clause (A).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">(8) </num> <content class="inline">A product of a country or area is an article which is the growth, produce, or manufacture of such country or area.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">(9) </num> <content class="inline">The term “nondiscriminatory treatment” means most-favored-nation treatment.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">(10) </num> <content class="inline">The term “commerce” includes services associated with international trade.</content> </paragraph> </section> <section class="fontsize10"> <num value="602"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1352">19 USC 1352.</ref></p></sidenote>SEC. 602. </num> <heading>RELATION TO OTHER LAWS.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">The second and third sentences of section 2(a) of the Act entitled “An Act to amend the Tariff Act of 1930,” approved June 12, 1934, as amended (19 U.S.C. sec. 1352(a)), are each amended by striking out “<quotedText>this Act or the Trade Expansion Act of 1962</quotedText>” and inserting in lieu thereof “<quotedText>this Act or the Trade Expansion Act of 1962 or the Trade Act of 1974</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1872">19 USC 1872.</ref></p></sidenote>(b) </num> <chapeau class="inline">Section 242 of the Trade Expansion Act of 1962 is amended as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by striking out “<quotedText>351 and 352</quotedText>” in subsection (a) and inserting in lieu thereof “<quotedText>201, 202, and 203 of the Trade Act of 1974</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out “<quotedText>with respect to tariff adjustment</quotedText>” in subsection (b)(2);</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">by striking out “<quotedText>301(e)</quotedText>” in subsection (b) (2) and inserting in lieu thereof “<quotedText>201(d) of the Trade Act of 1974</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">by striking out “<quotedText>concerning foreign import restrictions</quotedText>” in subsection (b) (3); and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">by striking out “<quotedText>section 252(d)</quotedText>” each place it appears and inserting in lieu thereof “<quotedText>subsections (c) and (d) of section 301 of the Trade Act of 1974</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1981">19 USC 1981.</ref></p></sidenote>(c) </num> <content class="inline">Section 351(c)(1)(B) of the Trade Expansion Act of 1962 is amended by striking out “<quotedText>unless extended under paragraph (2),</quotedText>” and inserting in lieu thereof the following: “<quotedText>unless extended under section 203 of the Trade Act of 1974,</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8">Repeals.</p></sidenote>(d) </num> <content class="inline">Sections 202. 211, 212, 213, 221, 222, 223, 224, 225, 226, 231, 241, 243, 252, 253, 254, 255(a), 256, so much of 301 and 302 as is not repealed by subsection (e), 351(c) (2) and (d) (3), 361, 401, 402, 403, 404, and 405 (1), (3), (4), and (5) of the Trade Expansion Act of 1962 are repealed.</content> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8">Repeals.</p></sidenote>(e) </num> <content class="inline">Sections 301(a) (2) and (3), (c), (d)(2), (f) (1) and (3), 302(b) (1) and (2), (c), (d), and (e), 311 through 315, 317(a), 321 through 338 of the Trade Expansion Act of 1962 are repealed on the 90th day following the date of the enactment of this Act.</content> </subsection> <subsection class="firstIndent1"> <num value="f"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2101">19 USC 2101 note.</ref></p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1801/s1360">19 USC 1801 note, 1360 note.</ref></p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1351">19 USC 1351.</ref></p></sidenote>(f) </num> <content class="inline">All provisions of law (other than this Act, the Trade Expansion Act of 1962, and the Trade Agreements Extension Act of 1951) in effect after the date of enactment of this Act, referring to section 350 of the Tariff Act of 1930, to that section as amended, to the Act entitled “An Act to amend the Tariff Act of 1930,” approved June 12, 1934, to <page identifier="/us/stat/88/2073">88 <inline class="smallCaps">Stat</inline>. 2073</page>that Act as amended or to the Trade Expansion Act of 1962, or to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1801">19 USC 1801 note.</ref></p></sidenote> agreements entered into, or proclamations issued, or actions taken under any of such provisions, shall be construed, unless clearly precluded by the Context, to refer also to this Act, or to agreements entered into or proclamations or orders issued, pursuant to this Act.</content> </subsection> </section> <section class="fontsize10"> <num value="603">SEC. 603. </num> <heading>INTERNATIONAL TRADE COMMISSION.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2482">19 USC 2482.</ref></p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">In order to expedite the performance of its functions under this Act, the International Trade Commission may conduct preliminary investigations, determine the scope and manner of its proceedings, and consolidate proceedings before it.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">In performing its functions under this Act, the Commission may exercise any authority granted to it under any other Act.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The Commission shall at all times keep informed concerning the operation and effect of provisions relating to duties or other import restrictions of the United States contained in trade agreements entered into under the trade agreements program.</content> </subsection> </section> <section class="fontsize10"> <num value="604">SEC. 604. </num> <heading>CONSEQUENTIAL CHANGES IN THE TARIFF SCHEDULES.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2483">19 USC 2483.</ref></p></sidenote> <content>The President shall from time to time, as appropriate, embody in the Tariff Schedules of the United States the substance of the relevant<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1202">19 USC 1202.</ref></p></sidenote> provisions of this Act, and of other Acts affecting import treatment, and actions thereunder, including modification, continuance, or imposition of any rate of duty or other import restriction.</content> </section> <section class="fontsize10"> <num value="605">SEC. 605. </num> <heading>SEPARABILITY.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2101">19 USC 2101 note.</ref></p></sidenote> <content>If any provision of this Act or the application of any provision to any circumstances or persons shall be held invalid, the validity of the remainder of this Act, and of the application of such provision to other circumstances or persons, shall not be affected thereby.</content> </section> <section class="fontsize10"> <num value="606">SEC. 606. </num> <heading>INTERNATIONAL DRUG CONTROL.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2484">19 USC 2484.</ref></p></sidenote> <content>The President shall submit a report to Congress at least once each<sidenote><p class="firstIndent1 fontsize8">Presidential report to Congress.</p></sidenote> calendar year listing those foreign countries in which narcotic drugs and other controlled substances (as listed under section 202 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 812)) are produced, processed, or transported for unlawful entry into the United States. Such report shall include a description of the measures such countries are taking to prevent such production, processing, or transport.</content> </section> <section class="fontsize10"> <num value="607">SEC. 607. </num> <heading>VOLUNTARY LIMITATIONS ON EXPORTS OF STEEL TO THE UNITED STATES.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2485">19 USC 2485.</ref></p></sidenote> <chapeau>No person shall be liable for damages, penalties, or other sanctions under the Federal Trade Commission Act (15 U.S.C. 41–77) or the Antitrust Acts (as defined in section 4 of the Federal Trade Commission Act (15 U.S.C. 44)), or under any similar State law, on account of his negotiating, entering into, participating in, or implementing an arrangement providing for the voluntary limitation on exports of steel and steel products to the United States, or any modification or renewal of such an arrangement, if such arrangement or such modification or renewal—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">was undertaken prior to the date of the enactment of this Act at the request of the Secretary of State or his delegate, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">ceases to be effective not later than January 1, 1975.</content> </paragraph> </section> <section class="fontsize10"> <num value="608">SEC. 608. </num> <heading>UNIFORM STATISTICAL DATA ON IMPORTS, EXPORTS, AND PRODUCTION.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">Section 484(e) of the Tariff Act of 1930 (19 U.S.C. 1484(e)) is amended to read as follows: <quotedContent> <subsection class="firstIndent1"> <num value="e">“(e) </num> <heading><inline class="smallCaps">Statistical Enumeration</inline>.—</heading> <content class="inline">The Secretary of the Treasury, the Secretary of Commerce, and the United States International Trade <page identifier="/us/stat/88/2074">88 <inline class="smallCaps">Stat</inline>. 2074</page>Commission are authorized and directed to establish from time to time for statistical purposes an enumeration of articles in such detail as in their judgment may be necessary, comprehending all merchandise imported into the United States and exported from the United States, and shall seek, in conjunction with statistical programs for domestic production, to establish the comparability thereof with such enumeration of articles. All import entries and export declarations shall include or have attached thereto an accurate statement specifying, in terms of such detailed enumeration, the kinds and quantities of all merchandise imported and exported and the value of the total quantity of each kind of article.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Commodity classification systems, study.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1484">19 USC 1484 note.</ref></p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1484">19 USC 1484.</ref></p></sidenote>(b) </num> <content class="inline">In carrying out the responsibilities under section 484(e), Tariff Act of 1930 and other pertinent statutes, the Secretary of Commerce and the United States International Trade Commission shall conduct jointly a study of existing commodity classification systems with a view to identifying the appropriate principles and concepts which should guide the organization and development of an enumeration of articles which would result in comparability of United States <sidenote><p class="firstIndent1 fontsize8">Report to Congress and President.</p></sidenote>import, production, and export data. The Secretary and the United States International Trade Commission shall submit a report to both Houses of Congress and to the President with respect to such study no later than August 1, 1975.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Investigation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1484">19 USC 1484 note.</ref></p></sidenote>(c) </num> <chapeau class="inline">In further connection with its responsibilities pursuant to subsections (a) and (b), the United States International Trade Commission shall undertake an investigation under section 332(g) of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1332">19 USC 1332.</ref></p></sidenote>Tariff Act of 1930 which would provide the basis for—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num><sidenote><p class="firstIndent1 fontsize8">Report to Congress and President.</p></sidenote> <content class="inline">a report on the appropriate concepts and principles which should underlie the formulation of an international commodity code adaptable for modernized tariff nomenclature purposes and for recording, handling, and reporting of transactions in national and international trade, taking into account how such a code could meet the needs of sound customs and trade reporting practices reflecting the interests of United States and other countries, such report to be submitted to both Houses of Congress and to the President as soon as feasible, but in any event, no later than June 1, 1975; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">full and immediate participation by the United States International Trade Commission in the United States contribution to technical work of the Harmonized Systems Committee under the Customs Cooperation Council to assure the recognition of the needs of the United States business community in the development of a Harmonized Code reflecting sound principles of commodity identification and specification and modern producing methods and trading practices,</content> </paragraph> <continuation class="fontsize10"><sidenote><p class="firstIndent1 fontsize8">Report to Congress and President.</p></sidenote>and, in carrying out such reponsibilities, the Commission shall report to both Houses of Congress and to the President, as it deems appropriate.</continuation> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8">Federal agencies, cooperation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1484">19 USC 1484 note.</ref></p></sidenote>(d) </num> <content class="inline">The President is requested to direct the appropriate agencies to cooperate fully with the Secretary of Commerce and the United States International Trade Commission in carrying out their responsibilities under subsections (a), (b),and (c).</content> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1484">19 USC 1484 note.</ref></p></sidenote>(e) </num> <content class="inline">The amendment made by subsection (a) insofar as it relates to export declarations shall take effect on January 1, 1976.</content> </subsection> </section> <section class="fontsize10"> <num value="609">SEC. 609. </num> <heading>SUBMISSION OF STATISTICAL DATA ON IMPORTS AND EXPORTS.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <chapeau class="inline">Section 301 of title 13. United States Code, is amended—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by inserting “<quotedText>(a)</quotedText>” before “<quotedText>The Secretary</quotedText>”; and</content> </paragraph> <page identifier="/us/stat/88/2075">88 <inline class="smallCaps">Stat</inline>. 2075</page> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by adding at the end thereof the following new subsections: <quotedContent> <subsection class="firstIndent1"> <num value="b">“(b) </num> <chapeau class="inline">The Secretary shall submit to the Committee on Ways and<sidenote><p class="firstIndent1 fontsize8">Statistics, submittal to congressional committees.</p></sidenote> Means of the House of Representatives and the Committee on Finance of the Senate, on quarterly and cumulative bases, statistics on United States imports for consumption and United States exports by country and by product. Statistics on United States imports shall be submitted in accordance with the Tariff Schedules of the United States Annotated and general statistical headnote 1 thereof, in detail as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">net quantity;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">United States customs value;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">purchase price or its equivalent;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">equivalent of arm’s length value;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">aggregate cost from port of exportation to United States port of entry;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">a United States port of entry value comprised of (5) plus (4), if applicable, or, if not applicable, (5) plus (3); and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">“(7) </num> <content class="inline">for transactions where (3) and (4) are equal, the total value of such transactions.</content> </paragraph> <continuation class="fontsize10">The data for paragraphs (1), (2), (3), (5), and (6) shall be reported separately for nonrelated and related party transactions, and shall also be reported as a total of all transactions.</continuation> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <chapeau class="inline">In submitting any information under subsection (b) with respect to exports, the Secretary shall state separately from the total value of all exports—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">the value of agricultural commodities exported under the Agricultural Trade Development and Assistance Act of 1954, as amended; and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1691">7 USC 1691 note.</ref></p></sidenote></content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">the total amount of all export subsidies paid to exporters by the United States under such Act for the exportation of such commodities; and</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">the value of goods exported under the Foreign Assistance Act of 1961.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2151">22 USC 2151 note.</ref></p></sidenote></content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <chapeau class="inline">To assist the Secretary to carry out the provisions of subsections (b) and (c)—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">the Secretary of Agriculture shall furnish information to the Secretary concerning the value of agricultural commodities exported under provisions of the Agricultural Trade Development and Assistance Act of 1954, as amended, and the total amounts of all export subsidies paid to exporters by the United States under such Act for the exportation of such commodities; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">the Secretary of State shall furnish information to the Secretary concerning the value of goods exported under the provisions of the Foreign Assistance Act of 1961, as amended.”</content> </paragraph> </subsection> </quotedContent> </content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The amendments made by subsection (a) shall take effect on<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t13/s301">13 USC 301 note.</ref></p></sidenote> January 1, 1975.</content> </subsection> </section> <section class="fontsize10"> <num value="610">SEC. 610. </num> <heading>GIFTS SENT FROM INSULAR POSSESSIONS.</heading> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">Section 321(a)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 1321(a)(2)(A)) is amended by inserting after “<quotedText>United States</quotedText>” the following: “($20, in the case of articles sent as bona fide gifts from persons in the Virgin Islands, Guam, and American Samoa)”.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The amendment, made by subsection (a) shall apply with<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1321">19 USC 1321 note.</ref></p></sidenote> respect to articles entered, or withdrawn from warehouse, for consumption after the date of the enactment of this Act.</content> </subsection> </section> <section class="fontsize10"> <num value="611">SEC. 611. </num> <heading>REVIEW OF PROTESTS IN IMPORT SURCHARGE CASES.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1515">19 USC 1515 note.</ref></p></sidenote> <content>Notwithstanding the provisions of section 515(a) of the Tariff Act of 1930 (19 U.S.C. 1515(a)), in the case of any protest under section 514 of such Act involving the imposition of an import surcharge in the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1514">19 USC 1514.</ref></p></sidenote> <page identifier="/us/stat/88/2076">88 <inline class="smallCaps">Stat</inline>. 2076</page>form of a supplemental duty pursuant to Presidential Proclamation <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1202">19 USC prec. 1202 note.</ref></p></sidenote>4074, dated August 17, 1971, the time for review and allowing or denying the protest shall not expire until five years from the date <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s1514">19 USC 1514.</ref></p></sidenote>the protest was filed in accordance with such section 514.</content> </section> <section class="fontsize10"> <num value="612"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2486">19 USC 2486.</ref></p></sidenote>SEC. 612. </num> <heading>TRADE RELATIONS WITH CANADA.</heading> <content>It is the sense of the Congress that the United States should enter into a trade agreement with Canada which will guarantee continued stability to the economies of the United States and Canada. In order to promote such economic stability, the President may initiate negotiations for a trade agreement with Canada to establish a free trade area covering the United States and Canada. Nothing in this section shall be construed as prior approval of any legislation which may be necessary to implement such a trade agreement.</content> </section> <section class="fontsize10"> <num value="613"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t19/s2487">19 USC 2487.</ref></p></sidenote>SEC. 613. </num> <heading>LIMITATION ON CREDIT TO RUSSIA</heading> <content>After the date of enactment of the Trade Act of 1974, no agency of the Government of the United States, other than the Commodity Credit Corporation, shall approve any loans, guarantees, insurance, or any combination thereof, in connection with exports to the Union of Soviet Socialist Republics in an aggregate amount in excess of $300,000,000 without prior congressional approval as provided by law.</content> </section> Approved January 3, 1975.
Public Law 93–619: To assist in reducing crime and the danger of recidivism by requiring speedy trials and by strengthening the supervision over persons released pending trial, and for other purposes. Public Law619 Public Law 93–619 88 Stat. 2076 1975-01-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–619
AN ACT To assist in reducing crime and the danger of recidivism by requiring speedy trials and by strengthening the supervision over persons released pending trial, and for other purposes.

January 3, 1975

[S. 754]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Speedy Trial Act of 1974.

18 USC 3161 note.
That this Act may be cited as the “Speedy Trial Act of 1974”.
<num value="I">TITLE I—</num> <heading class="centered">SPEEDY TRIAL</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">Title 18, United States Code, is amended by adding immediately after chapter 207, a new chapter 208, as follows: <quotedContent> <toc> <heading class="centered">Chapter 208.—SPEEDY TRIAL</heading> <headingItem> <designator>“Sec. </designator> <label/> <target/> </headingItem> <referenceItem role="section"><designator>“3161. </designator> <label>Time limits and exclusions.</label></referenceItem> <referenceItem role="section"><designator>“3162. </designator> <label>Sanctions.</label></referenceItem> <referenceItem role="section"><designator>“3163. </designator> <label>Effective dates.</label></referenceItem> <referenceItem role="section"><designator>“3164. </designator> <label>Interim limits.</label></referenceItem> <referenceItem role="section"><designator>“3165. </designator> <label>District plans—generally.</label></referenceItem> <referenceItem role="section"><designator>“3166. </designator> <label>District plans—contents.</label></referenceItem> <referenceItem role="section"><designator>“3167. </designator> <label>Reports to Congress.</label></referenceItem> <referenceItem role="section"><designator>“3168. </designator> <label>Planning process.</label></referenceItem> <referenceItem role="section"><designator>“3169. </designator> <label>Federal Judicial Center.</label></referenceItem> <referenceItem role="section"><designator>“3170. </designator> <label>Speedy trial data.</label></referenceItem> <referenceItem role="section"><designator>“3171. </designator> <label>Planning appropriations.</label></referenceItem> <referenceItem role="section"><designator>“3172. </designator> <label>Definitions.</label></referenceItem> <referenceItem role="section"><designator>“3173. </designator> <label>Sixth amendment rights.</label></referenceItem> <referenceItem role="section"><designator>“3174. </designator> <label>Judicial emergency.</label></referenceItem> </toc> <section class="fontsize10"> <num value="3161"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s3161">18 USC 3161.</ref></p></sidenote>“§ 3161. </num> <heading>Time limits and exclusions.</heading> <subsection class="firstIndent1"> <num value="a">“(a) </num> <content class="inline">In any case involving a defendant charged with an offense, the appropriate judicial officer, at the earliest practicable time, shall, after consultation with the counsel for the defendant and the attorney for the Government, set the case for trial on a day certain, or list it for trial on a weekly or other short-term trial calendar at a place within the judicial district, so as to assure a speedy trial. </content> </subsection> <page identifier="/us/stat/88/2077">88 <inline class="smallCaps">Stat</inline>. 2077</page> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Any information or indictment charging an individual with the commission of an offense shall be filed within thirty days from the date on which such individual was arrested or served with a summons in connection with such charges. If an individual has been charged with a felony in a district in which no grand jury has been in session during such thirty-day period, the period of time for filing of the indictment shall be extended an additional thirty days.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">The arraignment of a defendant charged in an information or indictment with the commission of an offense shall be held within ten days from the filing date (and making public) of the information or indictment, or from the date a defendant has been ordered held to answer and has appeared before a judicial officer of the court in which such charge is pending whichever date last occurs. Thereafter, where a plea of not guilty is entered, the trial of the defendant shall commence within sixty days from arraignment on the information or indictment at such place, within the district, as fixed by the appropriate judicial officer.</content> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">If any indictment or information is dismissed upon motion of the defendant, or any charge contained in a complaint filed against an individual is dismissed or otherwise dropped, and thereafter a complaint is filed against such defendant or individual charging him with the same offense or an offense based on the same conduct or arising from the same criminal episode, or an information or indictment, is filed charging such defendant with the same offense or an offense based on the same conduct or arising from the same criminal episode, the provisions of subsections (b) and (c) of this section shall be applicable with respect to such subsequent complaint, indictment, or information, as the case may be.</content> </subsection> <subsection class="firstIndent1"> <num value="e">“(e) </num> <content class="inline">If the defendant is to be tried again following a declaration by the trial judge of a mistrial or following an order of such judge for a new trial, the trial shall commence within sixty days from the date the action occasioning the retrial becomes final. If the defendant is to be tried again following an appeal or a collateral attack, the trial shall commence within sixty days from the date the action occasioning the retrial becomes final, except that the court retrying the case may extend the period for retrial not to exceed one hundred and eighty days from the date the action occasioning the retrial Incomes final if unavailability of witnesses or other factors resulting from passage of time shall make trial within sixty days impractical.</content> </subsection> <subsection class="firstIndent1"> <num value="f">“(f) </num> <content class="inline">Notwithstanding the provisions of subsection (b) of this section, for the first twelve-calendar-month period following the effective date of this section as set forth in section 3163(a) of this chapter the time limit imposed with respect to the period between arrest and indictment by subsection (b) of this section shall be sixty days, for the second such twelve-month period such time limit shall be forty-five days and for the third such period such time limit shall be thirty-five days.</content> </subsection> <subsection class="firstIndent1"> <num value="g">“(g) </num> <content class="inline">Notwithstanding the provisions of subsection (c) of this section, for the first twelve-calendar-month period following the effective date of this section as set forth in section 3163(b) of this chapter, the time limit with respect to the period between arraignment and trial imposed by subsection (c) of this section shall be one hundred and eighty days, for the second such twelve-month period such time limit shall be one hundred and twenty days, and for the third such period such time limit with respect to the period between arraignment and trial shall be eighty days.</content> </subsection> <subsection class="firstIndent1"> <num value="h">“(h) </num> <chapeau class="inline">The following periods of delay shall be excluded in computing<sidenote><p class="firstIndent1 fontsize8">Delay periods.</p></sidenote> the time within which an information or an indictment must be filed, or in computing the time within which the trial of any such offense must commence:</chapeau> <page identifier="/us/stat/88/2078">88 <inline class="smallCaps">Stat</inline>. 2078</page> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">Any period of delay resulting from other proceedings concerning the defendant, including but not limited to—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">delay resulting from an examination of the defendant, and hearing on, his mental competency, or physical incapacity;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">delay resulting from an examination of the defendant pursuant to section 2902 of title 28, United States Code;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">delay resulting from trials with respect to other charges against the defendant;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">delay resulting from interlocutory appeals;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content class="inline">delay resulting from hearings on pretrial motions;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">“(F) </num> <content class="inline">delay resulting from proceedings relating to transfer from other districts under the Federal Rules of Criminal Procedure; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="G">“(G) </num> <content class="inline">delay reasonably attributable to any period, not to exceed thirty days, during which any proceeding concerning the defendant is actually under advisement.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Any period of delay during which prosecution is deferred by the attorney for the Government pursuant to written agreement with the defendant, with the approval of the court, for the purpose of allowing the defendant to demonstrate his good conduct.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Any period of delay resulting from the absence or unavailability of the defendant or an essential witness.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">For purposes of subparagraph (A) of this paragraph, a defendant or an essential witness shall be considered absent when his whereabouts are unknown and, in addition, he is attempting to avoid apprehension or prosecution or his whereabouts cannot be determined by due diligence. For purposes of such subparagraph, a defendant or an essential witness shall be considered unavailable whenever his whereabouts are known but his presence for trial cannot be obtained by due diligence or he resists appearing at or being returned for trial.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">Any period of delay resulting from the fact that the defendant is mentally incompetent or physically unable to stand trial.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">Any period of delay resulting from the treatment of the defendant pursuant to section 2902 of title 28, United States Code.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">If the information or indictment is dismissed upon motion of the attorney for the Government and thereafter a charge is filed against the defendant for the same offense, or any offense required to be joined with that offense, any period of delay from the date the charge was dismissed to the date the time limitation would commence to run as to the subsequent charge had there been no previous charge.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">“(7) </num> <content class="inline">A reasonable period of delay when the defendant is joined for trial with a codefendant as to whom the time for trial has not run and no motion for severance has been granted.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">“(8)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Any period of delay resulting from a continuance granted by any judge on his own motion or at the request of the defendant or his counsel or at the request of the attorney for the. Government, if the judge granted such continuance on the basis of his findings that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial. No such period of delay resulting from a continuance granted by the court in accordance with this paragraph shall be excludable, under this subsection unless the court sets forth, in the record of the case, either orally or in writing, its reasons for finding that the ends of justice served by the granting of such continuance outweigh the best interests of the public and the defendant in a speedy trial. </content> </subparagraph> <page identifier="/us/stat/88/2079">88 <inline class="smallCaps">Stat</inline>. 2079</page> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">The factors, among others, which a judge shall consider in determining whether to grant a continuance under subparagraph (A) of this paragraph in any ease areas follows:</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">Whether the failure to grant such a continuant in the proceeding would be likely to make a continuation of such proceeding impossible, or result in a miscarriage of justice.</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">Whether the case taken as a whole is so unusual and so complex, due to the number of defendants or the nature of the prosecution or otherwise, that it is unreasonable to expect adequate prep a rut ion within the periods of time established by t his section.</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">Whether delay after the grand jury proceedings have commenced, in a case where arrest precedes indictment, is caused by the unusual complexity of the factual determination to be made by the grand jury or by events beyond the control of the court or the Government.</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">No continuance under paragraph (8) (A) of tills subsection shall be granted because, of general congestion of the court’s calendar, or lack of diligent preparation or failure to obtain available witnesses on the part of the attorney for the Government.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="i">“(i) </num> <content class="inline">If trial did not commence within the time limitation specified in section 3161 because the defendant bad entered a plea of guilty or nolo contendere subsequently withdrawn to any or all charges in an indictment or information, the defendant shall be deemed indicted with respect to all charges therein contained within the meaning of section 3161, on the day the order permitting withdrawal of the plea becomes final.</content> </subsection> <subsection class="firstIndent1"> <num value="j">“(j)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">If the attorney for the Government knows that a person charged with an offense is serving a term of imprisonment in any penal institution, he shall promptly—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">undertake to obtain the presence of (he prisoner for trial; or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">cause a detainer to be filed with the person having custody of the prisoner and request him to so advise the prisoner and to advise the prisoner of his right to demand trial.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">If the person having custody of such prisoner receives a detainer, be shall promptly advise the prisoner of the charge and of the prisoner’s right to demand trial. If at any time thereafter the prisoner informs the person having custody that he dots demand trial, such person shall cause notice to that effect to be sent promptly to the attorney for the Government who caused the detainer to be filed.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">Upon receipt of such notice, the attorney for the Government shall promptly seek to obtain the presence of the prisoner for trial.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">When the person having custody of the prisoner receives from the attorney for the Government a properly supported request for temporary custody of such prisoner for trial, the prisoner shall be made available to that attorney for the Government (subject, in cases of interjurisdictional transfer, to any right of the prisoner to contest the legality of his delivery).</content> </paragraph> </subsection> </section> <section class="fontsize10"> <num value="3162">“§ 3162. </num> <heading>Sanctions.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s3162">18 USC 3162.</ref></p></sidenote> <subsection class="firstIndent1"> <num value="a">“(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">If, in the ease of any individual against whom a complaint is filed charging such individual with an offense, no indictment or information is filed within the time limit required by section 3161(b) as extended by section 3161(h) of this chapter, such charge against, that individual contained in such complaint shall be dismissed or otherwise dropped. In determining whether to dismiss the case with or without prejudice, the court shall consider, among others, each of the <page identifier="/us/stat/88/2080">88 <inline class="smallCaps">Stat</inline>. 2080</page>following factors: the seriousness of the offense; the facts and circumstances of the case which led to the dismissal; and the impact of a reprosecution on the administration of this chapter and on the administration of justice.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">If a defendant is not brought to trial within the time limit required by section 3161(c) as extended by section 3161 (h), the information or indictment shall be dismissed on motion of the defendant. The defendant shall have the burden of proof of supporting such motion but the Government shall have the burden of going forward with the evidence in connection with any exclusion of time under subparagraph 3161(h)(3). In determining whether to dismiss the case with or without prejudice, the court shall consider, among other’s, each of the following factors: the seriousness of the offense; the facts and circumstances of the case which led to the dismissal; and the impact of a reprosecution on the administration of this chapter and on the <sidenote><p class="firstIndent1 fontsize8">Waiver.</p></sidenote>administration of justice. Failure of the defendant to move for dismissal prior to trial or entry of a plea of guilty or nolo contendere shall constitute a waiver of the right to dismissal under this section.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <chapeau class="inline">In any case in which counsel for the defendant or the attorney for the Government (1) knowingly allows the case to be set for trial without disclosing the fact that a necessary witness would be unavailable for trial; (2) files a motion solely for the purpose of delay which he knows is totally frivolous and without merit; (3) makes a statement for the purpose of obtaining a continuance which he knows to be false and which is material to the granting of a continuance; or (4) otherwise willfully fails to proceed to trial without justification consistent with section 3161 of this chapter, the court may punish any such counsel or attorney, as follows:</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">in the case of an appointed defense counsel, by reducing the amount of compensation that otherwise would have been paid <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s3006A">18 USC 3006A.</ref></p></sidenote>to such counsel pursuant to section 3006A of this title in an amount not to exceed 25 per centum thereof;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">in the case of a counsel retained in connection with the defense of a defendant, by imposing on such counsel a fine of not to exceed 25 per centum of the compensation to which he is entitled in connection with his defense of such defendant;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">by imposing on any attorney for the Government a fine of not to exceed $250;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">by denying any such counsel or attorney for the Government the right to practice before the court considering such case for a period of not to exceed ninety days; or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content class="inline">by filing a report with an appropriate disciplinary committee.</content> </subparagraph> <continuation class="fontsize10">The authority to punish provided for by this subsection shall be in addition to any other authority or power available to such court.</continuation> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">The court shall follow procedures established in the Federal <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18">18 USC app.</ref></p></sidenote>Rules of Criminal Procedure in punishing any counsel or attorney for the Government pursuant to this section.</content> </subsection> </section> <section class="fontsize10"> <num value="3163"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s3163">18 USC 3163.</ref></p></sidenote>“§ 3163. </num> <heading>Effective dates.</heading> <subsection class="firstIndent1"> <num value="a">“(a) </num> <chapeau class="inline">The time limitation in section 3161(b) of this chapter—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">shall apply to all individuals who are arrested or served with a summons on or after the date of expiration of the twelve-calendar-month period following July 1, 1975; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">shall commence to run on such date of expiration to all individuals who are arrested or served with a summons prior to the date of expiration of such twelve-calendar-month period, in connection with the commission of an offense, and with respect to which offense no information or indictment has been filed prior to such date of expiration.</content> </paragraph> </subsection> <page identifier="/us/stat/88/2081">88 <inline class="smallCaps">Stat</inline>. 2081</page> <subsection class="firstIndent1"> <num value="b">“(b) </num> <chapeau class="inline">The time limitation in section 3161(c) of this chapter—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">shall apply to all offenses charged in informations or indictments filed on or after the date of expiration of the twelve-calendar-month period following July 1, 1975; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">shall commence to run on such date of expiration as to all offenses charged in informations or indictments filed prior to that date.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">Section 3162 of this chapter shall become effective after the date of expiration of the fourth twelve-calendar-month period following July 1, 1975.</content> </subsection> </section> <section class="fontsize10"> <num value="3181">“§ 3181. </num> <heading>Interim limits.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s3164">18 USC 3164.</ref></p></sidenote> <subsection class="firstIndent1"> <num value="a">“(a) </num> <chapeau class="inline">During an interim period commencing ninety days following<sidenote><p class="firstIndent1 fontsize8">Interim plan.</p></sidenote> July 1, 1975 and ending on the date immediately preceding the date on which the time limits provided for under section 3161(b) and section 3161(c) of this chapter become effective, each district shall place into operation an interim plan to assure priority in the trial or other disposition of cases involving—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">detained persons who are being held in detention solely because they are awaiting trial, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">released persons who are awaiting trial and have been designated by the attorney for the Government as being of high risk.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">During the period such plan is in effect, the trial of any person who falls within subsection (a) (1) or (a) (2) of this section shall commence no later than ninety days following the beginning of such continuous detention or designation of high risk by the attorney for the Government. The trial of any person so detained or designated as being of high risk on or before the first day of the interim period shall commence no later than ninety days following the first day of the interim period.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">Failure to commence trial of a detainee as specified in subsection (b), through no fault of the accused or his counsel, or failure to commence trial of a designated releasee as specified in subjection (b), through no fault of the attorney for the Government, shall result in the automatic review by the court of the conditions of release. No detainee, as defined in subsection (a), shall be held in custody pending trial after the expiration of such ninety-day period required for the commencement of his trial. A designated releasee, as defined in subsection (a), who is found by the court to have intentionally delayed the trial of his case shall be subject, to an order of the court modifying his nonfinancial conditions of release under this title to insure that he shall appear at trial as required.</content> </subsection> </section> <section class="fontsize10"> <num value="3165">“§ 3165. </num> <heading>District plans—generally.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s3165">18 USC 3165.</ref></p></sidenote> <subsection class="firstIndent1"> <num value="a">“(a) </num> <content class="inline">Each district court shall conduct a continuing study of the<sidenote><p class="firstIndent1 fontsize8">Administration of criminal justice, continuing study.</p></sidenote> administration of criminal justice, in the district court and before United States magistrates of the district and shall prepare plans for the disposition of criminal cases in accordance with this chapter. Each such plan shall be formulated after consultation with, and after considering the recommendations of, the Federal Judicial Center and the planning group established for that district pursuant to section 3168. The plans shall be prepared in accordance with the schedule set forth in subsection (e) of this section.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The planning and implementation process shall seek to accelerate the disposition of criminal cases in the district consistent with the time standards of this chapter and the objectives of effective law enforcement, fairness to accused persons, efficient judicial administration, and increased knowledge concerning the proper functioning of the criminal law. The process shall seek to avoid underenforcement, overenforcement and discriminatory enforcement of the law, prejudice <page identifier="/us/stat/88/2082">88 <inline class="smallCaps">Stat</inline>. 2082</page>to the prompt disposition of civil litigation, and undue pressure as well as undue delay in the trial of criminal cases.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Submission to review panel.</p></sidenote>“(c) </num> <content class="inline">The plans prepared by each district court shall be submitted for approval to a reviewing panel consisting of the members of the judicial council of the circuit and either the chief judge of the district court whose plan is being reviewed or such other active judge of that <sidenote><p class="firstIndent1 fontsize8">Annual report to Judicial Conference.</p></sidenote>court as the chief judge, of that district court may designate. If approved by the reviewing panel, the plan shall be forwarded to the Administrative Office of the United States Courts, which office shall report annually on the operation of such plans to the Judicial Conference of the United States.</content> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8">Modifications.</p></sidenote>“(d) </num> <content class="inline">The district court may modify the plan at any time with the approval of the reviewing panel. It shall modify the plan when directed to do so by the reviewing panel or the Judicial Conference of the United States. Modifications shall be reported to the Administrative Office of the United States Courts.</content> </subsection> <subsection class="firstIndent1"> <num value="e">“(e)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Prior to the expiration of the twelve-calendar-month period following July 1, 1975, each United States district court shall prepare and submit a plan in accordance with subsections (a) through (d) above to govern the trial or other disposition of offenses within the jurisdiction of such court during the second and third twelve-calendar-month periods following the effective date of subsection 3161 (b) and subsection 3161(c).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Prior to the expiration of the thirty-six calendar month period following July 1, 1975, each United States district court shall prepare and submit a plan in accordance with subsections (a) through (d) above to govern the trial or other disposition of offenses within the jurisdiction of such court during the fourth and subsequent twelve-calendar month periods following the effective date of subsection 3161 (b) and subsection 3161(c).</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="f">“(f) </num> <content class="inline">Plans adopted pursuant to this section shall, upon adoption, and recommendations of the district planning group shall, upon completion, become public documents.</content> </subsection> </section> <section class="fontsize10"> <num value="3166"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s3166">18 USC 3166.</ref></p></sidenote>“§ 3166. </num> <heading>District plans—contents.</heading> <subsection class="firstIndent1"> <num value="a">“(a) </num> <content class="inline">Each plan shall include a description of the time limits, procedural techniques, innovations, systems and other methods, including the development of reliable methods for gathering and monitoring information and statistics, by which the district court, the United States attorney, the Federal public defender, if any, and private attorneys experienced in the defense of criminal cases, have expedited or intend to expedite the trial or other disposition of criminal cases, consistent with the time limits and other objectives of this chapter.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <chapeau class="inline">Each plan shall include information concerning the implementation of the time limits and other objectives of this chapter, including:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">the incidence of and reasons for, requests or allowances of extensions of time beyond statutory or district standards;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">the incidence of, and reasons for, periods of delay under section 3161(h) of this title;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">the incidence of, and reasons for, the invocation of sanctions for noncompliance with time standards, or the failure to invoke such sanctions, and the nature of the sanction, if any invoked for noncompliance;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">the new timetable set, or requested to be set, for an extension;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">the effect on criminal justice administration of the prevailing time limits and sanctions, including the effects on the prosecution, the defense, the courts, the correctional process, costs, transfers and appeals;</content> </paragraph> <page identifier="/us/stat/88/2083">88 <inline class="smallCaps">Stat</inline>. 2083</page> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">the incidence and length of reasons for, and remedies for detention prior to trial, and information required by the provisions of the Federal Rules of Criminal Procedure relating to the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18">18 USC app.</ref></p></sidenote> supervision of detention pending trial;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">“(7) </num> <content class="inline">the identity of cases which, because of their special characteristics, deserve separate or different time limits as a matter of statutory classifications; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">“(8) </num> <content class="inline">the incidence of, and reasons for each thirty-day extention under section 3161(b) with respect to an indictment in that district.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <chapeau class="inline">Each district plan required by section 3165 shall include information and statistics concerning the administration of criminal justice within the district, including, but not limited to:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">the time span between arrest and indictment, indictment and trial, and conviction and sentencing;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">the number of matters presented to the United States Attorney for prosecution, and the numbers of such matters prosecuted and not prosecuted;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">the number of matters transferred to other districts or to States for prosecution;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">the number of cases disposed of by trial and by plea;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">the rates of nolle prosequi, dismissal, acquittal, conviction, diversion, or other disposition; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">the extent of preadjudication detention and release, by numbers of defendants and days in custody or at liberty prior to disposition.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">Each plan shall further specify the rule changes, statutory amendments, and appropriations needed to effectuate further improvements in the administration of justice in the district which cannot be accomplished without such amendments or funds.</content> </subsection> <subsection class="firstIndent1"> <num value="e">“(e) </num> <content class="inline">Each plan shall include recommendations to the Administrative<sidenote><p class="firstIndent1 fontsize8">Recommendations to the Administrative Office of the United States Courts.</p></sidenote> Office of the United States Courts for reporting forms, procedures, and time requirements. The Director of the Administrative Office of the United States Courts, with the approval of the Judicial Conference of the United States, shall prescribe such forms and procedures and time requirements consistent with section 3170 after consideration of the recommendations contained in the district plan and the need to reflect both unique local conditions and uniform national reporting standards.</content> </subsection> </section> <section class="fontsize10"> <num value="3167">“§ 3167. </num> <heading>Reports to Congress.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s3167">18 USC 3167.</ref></p></sidenote> <subsection class="firstIndent1"> <num value="a">“(a) </num> <content class="inline">The Administrative Office of the United States Courts, with the approval of the Judicial Conference, shall submit periodic reports to Congress detailing the plans submitted pursuant to section 3165. The reports shall be submitted within three months following the final dates for the submission of plans under section 3165(e) of this title.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Such reports shall include recommendations for legislative<sidenote><p class="firstIndent1 fontsize8">Contents.</p></sidenote> changes or additional appropriations to achieve the time limits and objectives of this chapter. The report shall also contain pertinent information such as the state of the criminal docket at the time of the adoption of the plan; the extent of pretrial detention and release; and a description of the, time limits, procedural techniques, innovations, systems, and other methods by which the trial or other disposition of criminal cases have been expedited or may be expedited in the districts.</content> </subsection> </section> <section class="fontsize10"> <num value="3168">“§ 3168. </num> <heading>Planning process.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s3168">18 USC 3168.</ref></p></sidenote> <subsection class="firstIndent1"> <num value="a">“(a) </num> <content class="inline">Within sixty days after July 1, 1975, each United States district<sidenote><p class="firstIndent1 fontsize8">Planning group.</p></sidenote> court shall convene a planning group consisting at minimum of the Chief Judge, a United States magistrate, if any designated by the Chief Judge, the United States Attorney, the Clerk of the district <page identifier="/us/stat/88/2084">88 <inline class="smallCaps">Stat</inline>. 2084</page>court, the Federal Public Defender, if any, a private attorney experienced in the defense of criminal cases in the district, the Chief United States Probation Officer for the district, and a person skilled in criminal justice research who shall act as reporter for the group. The group shall advise the district court with respect to the formulation of all district plans and shall submit its recommendations to the district court for each of the district plans required by section 3165. The group shall be responsible for the initial formulation of all district plans and of the reports required by this chapter and in aid thereof, it shall be entitled to the planning funds specified in section 3171.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The planning group shall address itself to the need for reforms in the criminal justice system, including but not limited to changes in the grand jury system, the finality of criminal judgments, habeas corpus and collateral attacks, pretrial diversion, pretrial detention, excessive reach of Federal criminal law, simplification and improvement of pretrial and sentencing procedures, and appellate delay.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Travel expenses.</p></sidenote>“(c) </num> <content class="inline">Members of the planning group with the exception of the reporter shall receive no additional compensation for their services, but shall be reimbursed for travel, subsistence and other necessary expenses incurred by them in carrying out the duties of the advisory group in accordance with the provisions of title 5, United States Code, <sidenote><p class="firstIndent1 fontsize8">Compensation.</p></sidenote>chapter 57. The reporter shall be compensated in accordance with section 3109 of title 5, United States Code, and notwithstanding other provisions of law he may be employed for any period of time during which his services are needed.</content> </subsection> </section> <section class="fontsize10"> <num value="3169"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s3169">18 USC 3169.</ref></p></sidenote>“§ 3169. </num> <heading>Federal Judicial Center.</heading> <content>“The Federal Judicial Center shall advise and consult with the planning groups and the district courts in connection with their duties under this chapter.</content> </section> <section class="fontsize10"> <num value="3170"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s3170">18 USC 3170.</ref></p></sidenote>“§ 3170. </num> <heading>Speedy trial data.</heading> <subsection class="firstIndent1"> <num value="a">“(a) </num> <content class="inline">To facilitate the planning process and the implementation of the time limits and objectives of this chapter, the clerk of each district court shall assemble the information and compile the statistics required by sections 3166 (b) and (c) of this title. The clerk of each district court shall assemble such information and compile such statistics on such forms and under such regulations as the Administrative Office of the United States Courts shall prescribe with the approval of the Judicial Conference and after consultation with the Attorney General.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The clerk of each district court is authorized to obtain the information required by sections 3166 (b) and (c) from all relevant sources including the United States Attorney, Federal Public Defender, private defense counsel appearing in criminal cases in the district, United States district court judges, and the chief Federal Probation Officer for the district. This subsection shall not be construed to require the release of any confidential or privileged information.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">The information and statistics compiled by the clerk pursuant to this section shall be made available to the district court, the planning group, the circuit council, and the Administrative Office of the United States Courts.</content> </subsection> </section> <section class="fontsize10"> <num value="3171"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s3171">18 USC 3171.</ref></p></sidenote>“§ 3171. </num> <heading>Planning appropriations.</heading> <subsection class="firstIndent1"> <num value="a">“(a) </num> <content class="inline">There is authorized to be appropriated for the fiscal year ending June 30, 1975, to the Federal judiciary the sum of $2,500.000 to be allocated by the Administrative Office of the United States Courts to Federal judicial districts to carry out the initial phases of planning and implementation of speedy trial plans under this chapter. The funds so appropriated shall remain available until expended.</content> </subsection> <page identifier="/us/stat/88/2085">88 <inline class="smallCaps">Stat</inline>. 2085</page> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">No funds appropriated under this section may be expended in any district, except by two-thirds vote of the planning group. Funds to the extent available may be expended for personnel, facilities, and any other purpose permitted by law.</content> </subsection> </section> <section class="fontsize10"> <num value="3172">“§ 3172. </num> <heading>Definitions.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s3172">18 USC 3172.</ref></p></sidenote> <chapeau>“As used in this chapter—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">the terms Judge’ or ‘judicial officer’ mean, unless otherwise indicated, any United States magistrate, Federal district judge, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">the term ‘offense’ means any Federal criminal offense which is in violation of any Act of Congress and is triable by any court established by Act of Congress (other than a petty offense as defined in section 1(3) of this title, or an offense triable by court-martial, military commission, provost court, or other military tribunal).</content> </paragraph> </section> <section class="fontsize10"> <num value="3173">“§ 3173. </num> <heading>Sixth amendment rights.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s3173">18 USC 3173.</ref></p></sidenote> <content>“No provision of this chapter shall be interpreted as a bar to any claim of denial of speedy trial as required by amendment VI of the Constitution.<sidenote><p class="firstIndent1 fontsize8">USC prec. title 1.</p></sidenote></content> </section> <section class="fontsize10"> <num value="3174">“§ 3174. </num> <heading>Judicial emergency.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s3174">18 USC 3174.</ref></p><p class="firstIndent1 fontsize8">Time limits, suspension.</p></sidenote> <subsection class="firstIndent1"> <num value="a">“(a) </num> <content class="inline">In the event that any district court is unable to comply with the time limits set forth in section 3161 (c) due to the status of its court calendars, the chief judge, where the existing resources are being efficiently utilized, may, after seeking the recommendations of the planning group, apply to the judicial council of the circuit for a suspension of such time limits. The judicial council of the circuit shall evaluate the capabilities of the district, the availability of visiting judges from within and without the circuit, and make any recommendations it deems appropriate to alleviate calendar congestion resulting from the lack of resources.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">If the judicial council of the circuit shall find that no remedy for such congestion is reasonably available, such council may apply to the Judicial Conference of the United States for a suspension of time limits set forth in section 3161(c). The Judicial Conference, if it finds that such calendar congestion cannot be reasonably alleviated, may grant a suspension of the time limits in section 3161(c) for a period of time not to exceed one year for the trial of cases for which indictments are filed during such period. During such period of suspension, the time limits from arrest to indictment, set forth in section 3161(b), shall not be reduced, nor shall the sanctions set forth in section 3162 be suspended; but such time limits from arrangement to trial shall not be increased to exceed one hundred and eighty days. The time limits for the trial of cases of detained persons who are being detained solely because they are awaiting trial shall not be affected by the provisions of this section.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">Any suspension of time limits granted by the Judicial Conference<sidenote><p class="firstIndent1 fontsize8">Reports to Congress.</p></sidenote> shall be reported to the Congress within ten days of approval by the Director of the Administrative Office of the United States Courts, together with a copy of the application for such suspension, a written report setting forth detailed reasons for granting such approval and a proposal for increasing the resources of such district.. In the event an additional period of suspension of time limits is necessary, the Director of the Administrative Office of the United States Courts shall so indicate in his report to the Congress, which report shall contain such application for such additional period of suspension together with any other pertinent information. The Judicial Conference shall not grant a suspension to any district within six months following the expiration of a prior suspension without the <page identifier="/us/stat/88/2086">88 <inline class="smallCaps">Stat</inline>. 2086</page>consent of the Congress. Such consent may be requested by the Judicial Conference by reporting to the Congress the facts supporting the need for a suspension within such six-month period. Should the Congress fail to act on any application for a suspension of time limits within six months, the Judicial Conference may grant such a suspension for an additional period not to exceed one year.”</content> </subsection> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <content class="inline">The tables of chapters for title 18 of the United States Code and for part II of title 18 of the United States Code are each amended by inserting immediately after the item relating to chapter 207 the following new item: <quotedContent> <toc> <referenceItem role="section"><designator>“208. </designator> <label>Speedy trial </label><target>8161”.</target></referenceItem> </toc> </quotedContent> </content> </section> <num value="II">TITLE II—</num> <heading class="centered">PRETRIAL SERVICES AGENCIES</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content class="inline">Chapter 207 of title 18, United States Code, is amended by striking out section 3152 and inserting in lieu thereof the following new sections: <quotedContent> <section class="fontsize10"> <num value="3152"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s3152">18 USC 3152.</ref></p></sidenote>“§ 3152. </num> <heading>Establishment of pretrial services agencies.</heading> <content>“The Director of the Administrative Office of the United States Courts shall establish, on a demonstration basis, in each of ten representative judicial districts (other than the District of Columbia), a pretrial services agency authorized to maintain effective supervision and control over, and to provide supportive services to, defendants released under this chapter. The districts in which such agencies are to be established shall be designated by the Chief Justice of the United States after consultation with the Attorney General, on the basis of such considerations as the number of criminal cases prosecuted annually in the district, the percentage of defendants in the district presently detained prior to trial, the incidence of crime charged against persons released pending trial under this chapter, and the availability of community resources to implement the conditions of release which may be imposed under this chapter.</content> </section> <section class="fontsize10"> <num value="3153"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s3153">18 USC 3153.</ref></p></sidenote>“§ 3153. </num> <heading>Organization of pretrial services agencies.</heading> <subsection class="firstIndent1"> <num value="a">“(a) </num> <content class="inline">The powers of five pretrial services agencies shall be vested in the Division of Probation of the Administrative Office of the United States Courts. Such Division shall establish general policy for such agencies.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Board of Trustees.</p></sidenote>“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The powers of each of the remaining five pretrial services agencies shall be vested in a Board of Trustees which shall consist of seven members. The Board of Trustees shall establish general policy for the agency.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Membership.</p></sidenote>“(2) </num> <chapeau class="inline">Members of the Board of Trustees shall be appointed by the chief judge of the United States district court for the district in which such agency is established as follows:</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">one member, who shall be a United States district court judge;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">one member, who shall be the United States attorney;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">two members, who shall be members of the local bar active in the defense of criminal cases, and one of whom shall be a Federal public defender, if any;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">one member, who shall be the chief probation officer; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content class="inline">two members who shall be representatives of community organizations.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Term.</p></sidenote>“(c) </num> <content class="inline">The term of office of a member of the Board of Trustees appointed pursuant to clauses (C) (other than a public defender) and <sidenote><p class="firstIndent1 fontsize8">Vacancy.</p></sidenote>(E) of subsection (b) (2) shall be three years. A vacancy in the Board shall be filled in the same manner as the original appointment. Any member appointed pursuant to clause (C) (other than a public defender) or (E) of subsection (b) (2) to fill a vacancy occurring prior to the expiration of the term for which his predecessor was <page identifier="/us/stat/88/2087">88 <inline class="smallCaps">Stat</inline>. 2087</page>appointed shall be appointed only for the remainder of such term.</content> </subsection> <subsection class="firstIndent1"> <num value="d">“(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">In each of the five demonstration districts in which pretrial service agencies are established pursuant to subsection (a) of this section, the pretrial service officer shall be a Federal probation officer of the district designated for this purpose by the Chief of the Division of Probation and shall be compensated at a rate not in excess of the rate prescribed for GS–16 by section 5332 of title 5, United States Code.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">In each of the five remaining demonstration districts in which pretrial service agencies are established pursuant to subsection (b) (1) of this section, after reviewing the recommendations of the judges of the district court to be served by the agency, each such Board of Trustees shall appoint a chief pretrial service officer, who shall be compensated at a rate to be established by the chief judge of the court, but not in excess of the rate prescribed for GS–15 by section 5332 of title 5, United States Code.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The designated probation officer or the chief pretrial service officer, subject to the general policy established by the Division of Probation or the Board of Trustees, respectively, shall be responsible for the direction and supervision of the agency and may appoint and fix the compensation of such other personnel as may be necessary to staff such agency, and may appoint such experts and consultants as may be necessary, pursuant to section 3109 of title 5, United States Code. The compensation of such personnel so appointed shall be comparable to levels of compensation established under chapter 53 of title 5, United States Code.</content> </paragraph> </subsection> </section> <section class="fontsize10"> <num value="3154">“§ 3154. </num> <heading>Functions and powers of pretrial services agencies.</heading><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s3154">18 USC 3154.</ref></p></sidenote> <chapeau>“Each pretrial services agency shall perform such of the following functions as the district court to be served may specify:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">Collect, verify, and report promptly to the judicial officer information pertaining to the pretrial release of each person charged with an offense, and recommend appropriate release conditions for each such person, but such information as may be contained in the agency’s files or presented in its report or which shall be divulged during the course of any hearing shall be used only for the purpose of a bail determination and shall otherwise be confidential. In their respective districts, the Division of Probation<sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote> or the Board of Trustees shall issue regulations establishing policy on the release of agency files. Such regulations shall create an exception to the confidentiality requirement so that such information shall be available to members of the agency’s staff and to qualified persons for purposes of research related to the administration of criminal justice. Such regulations may create an exception to the confidentiality requirement so that access to agency files will be permitted by agencies under contract pursuant to paragraph (4) of this section; to probation officers for the purpose of compiling a presentence report and in certain limited cases to law enforcement agencies for law enforcement purposes. In no case shall such information be admissible on the issue of guilt in any judicial proceeding, and in their respective districts, the Division of Probation or the Board of Trustees may permit such information to be used on the issue of guilt for a crime committed in the course of obtaining pretrial release.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Review and modify the reports and recommendations specified in paragraph (1) for persons seeking release pursuant to section 3146(e) or section 3147.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s3146/s3147">18 USC 3146, 3147.</ref></p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">Supervise persons released into its custody under this chapter.</content> </paragraph> <page identifier="/us/stat/88/2088">88 <inline class="smallCaps">Stat</inline>. 2088</page> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">With the cooperation of the Administrative Office of the United States Courts, and with the approval of the Attorney General, operate or contract for the operation of appropriate facilities for the custody or care of persons released under this chapter including, but not limited to, residential halfway houses, addict and alcoholic treatment centers, and counseling services.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">Inform the court of all apparent violations of pretrial release conditions or arrests of persons released to its custody or under its supervision and recommend appropriate modifications of release conditions.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">Serve as coordinator for other local agencies which serve or are eligible to serve as custodians under this chapter and advise the court as to the eligibility, availability, and capacity of such agencies.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">“(7) </num> <content class="inline">Assist persons released under this chapter in securing any necessary employment, medical, legal, or social services.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">“(8) </num> <content class="inline">Prepare, in cooperation with the United States marshal and the United States attorney such pretrail detention reports as are required by the provisions of the Federal Rules of Criminal <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18">18 USC app.</ref></p></sidenote>Procedure relating to the supervision of detention pending trial.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">“(9) </num> <content class="inline">Perform such other functions as the court may, from time to time, assign.</content> </paragraph> </section> <section class="fontsize10"> <num value="3155"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s3155">18 USC 3155.</ref></p></sidenote>“§ 3155. </num> <heading>Report to Congress.</heading> <subsection class="firstIndent1"> <num value="a"><sidenote><p class="firstIndent1 fontsize8">Annual report.</p></sidenote>“(a) </num> <content class="inline">The Director of the Administrative Office of the United States Courts shall annually report to Congress on the accomplishments of the pretrial services agencies, with particular attention to (1) their effectiveness in reducing crime committed by persons released under this chapter; (2) their effectiveness in reducing the volume and cost of unnecessary pretrial detention; and (3) their effectiveness in improving the operation of this chapter. The Director shall include in his fourth annual report recommendations for any necessary modification of this chapter or expansion to other districts. Such report shall also compare the accomplishments of the pretrial services agencies operated by the Division of Probation with those operated by Hoards of Trustees and with monetary bail or any other program generally used in State and Federal courts to guarantee presence at trial.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Comprehensive report.</p></sidenote>“(b) </num> <content class="inline">On or before the expiration of the forty-eighth-month period following July 1, 1975, the Director of the Administrative Office of the United States Courts shall file a comprehensive report with the Congress concerning the administration and operation of the amendments made by the Speedy Trial Act of 1974, including his views and recommendations with respect thereto.</content> </subsection> </section> <section class="fontsize10"> <num value="3156"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s3156">18 USC 3156.</ref></p></sidenote>“§ 3156. </num> <heading>Definitions.</heading> <subsection class="firstIndent1"> <num value="a">“(a) </num> <chapeau class="inline">As used in sections 3146–3150 of this chapter—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">The term ‘judicial officer’ means, unless otherwise indicated, any person or court authorized pursuant to section 3041 of this title, or the Federal Rules of Criminal Procedure, to bail or otherwise release a person before trial or sentencing or pending appeal in a court of the United States, and any judge of the Superior Court of the District of Columbia; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The term ‘offense’ means any criminal offense, other than an offense triable by court-martial, military commission, provost court, or other military tribunal, which is in violation of an Act of Congress and is triable in any court established by Act of Congress.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <chapeau class="inline">As used in sections 3152–3155 of this chapter—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">the term ‘judicial officer’ means, unless otherwise indicated, any person or court authorized pursuant to section 3041 of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t18/s3041">18 USC 3041.</ref></p></sidenote>this title, or the Federal Rules of Criminal Procedure, to bail or <page identifier="/us/stat/88/2089">88 <inline class="smallCaps">Stat</inline>. 2089</page>otherwise release a person before trial or sentencing or pending appeal in a court of the United States, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">the term ‘offense’ means any Federal criminal offense which is in violation of any Act of Congress and is triable by any court established by Act of Congress (other than a petty offense as defined in section 1 (3) of this title, or an offense triable by court-martial, military commission, provost court, or other military tribunal).”</content> </paragraph> </subsection> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content class="inline">The analysis of chapter 207 of title 18, United States Code, is amended by striking out the last item and inserting in lieu thereof the following: <quotedContent> <toc> <referenceItem role="section"><designator>“3152. </designator> <label>Establishment of Pretrial Services Agencies.</label></referenceItem> <referenceItem role="section"><designator>“3153. </designator> <label>Organization of Pretrial Services Agencies.</label></referenceItem> <referenceItem role="section"><designator>“3154. </designator> <label>Functions and Powers of Pretrial Services Agencies.</label></referenceItem> <referenceItem role="section"><designator>“3155. </designator> <label>Report to Congress.</label></referenceItem> <referenceItem role="section"><designator>“3156. </designator> <label>Definitions.”</label></referenceItem> </toc> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <content class="inline">For the purpose of carrying out the provisions of this title<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> and the amendments made by this title there is hereby authorized to be appropriated for the fiscal year ending June 30, 1975, to remain available until expended, the sum of $10,000,000.</content> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <content class="inline">Section 601 of title 28, United States Code, is amended by striking out paragraphs (9) through (12) of subsection (a) and inserting in lieu thereof: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="9">“(9) </num> <content class="inline">Establish pretrial services agencies pursuant to section 3152 of title 18, United States Code;<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2086,</p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">“(10) </num> <content class="inline">Purchase, exchange, transfer, distribute, and assign the custody of law books, equipment, and supplies needed for the maintenance and operation of the courts, the Federal Judicial Center, the offices of the United States magistrates and commissioners, and the offices of pretrial services agencies;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="11">“(11) </num> <content class="inline">Audit vouchers and accounts of the courts, the Federal Judicial Center, the pretrial service agencies, and their clerical and administrative personnel;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="12">“(12) </num> <content class="inline">Provide accommodations for the courts, the Federal Judicial Center, the pretrial services agencies and their clerical and administrative personnel;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="13">“(13) </num> <content class="inline">Perform such other duties as may be assigned to him by the Supreme Court or the Judicial Conference of the United States.”.</content> </paragraph> </quotedContent> </content> </section> Approved January 3, 1975.
Public Law 93–620: To further protect the outstanding scenic, natural, and scientific values of the Grand Canyon by enlarging the Grand Canyon National Park in the State of Arizona, and for other purposes. Public Law620 Public Law 93–620 88 Stat. 2089 1975-01-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–620
AN ACT To further protect the outstanding scenic, natural, and scientific values of the Grand Canyon by enlarging the Grand Canyon National Park in the State of Arizona, and for other purposes.

January 3, 1975

[S. 1296]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Grand Canyon National Park Enlargement Act.
short title Section 1. This Act may be cited as the “Grand Canyon National

16 USC 228a note.

 Park Enlargement Act”.
declaration of policy Sec. 2. It is the object of this Act to provide for the recognition by

16 USC 228a.

 Congress that the entire Grand Canyon, from the mouth of the Paria 88 Stat. 2090River to the Grand Wash Cliffs, including tributary side canyons and surrounding plateaus, is a natural feature of national and international significance. Congress therefore recognizes the need for, and in this Act provides for, the further protection and interpretation of the Grand Canyon in accordance with its true significance.
enlargement of grand canyon national park boundaries Sec. 3.

16 USC 228b.

 (a) In order to add to the Grand Canyon National Park certain prime portions of the canyon area possessing unique natural, scientific, and scenic values, the Grand Canyon National Park shall comprise, subject to any valid existing rights under the Navajo

48 Stat. 960.

Boundary Act of 1934, all those lands, waters, and interests therein, constituting approximately one million two hundred thousand acres, located within the boundaries as depicted on the drawing entitled “Boundary Map, Grand Canyon National Park,” numbered 113–20, 021 B and dated December 1974, a copy of which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior.

Abolishment.

(b) For purposes of this Act, the Grand Canyon National Monument and the Marble Canyon National Monument are abolished.

Study.

(c) The Secretary of the Interior shall study the lands within the former boundaries of the Grand Canyon National Monument commonly known as the Tuckup Point, Slide Mountain, and Jensen Tank areas to determine whether any portion of these lands might be unsuitable for park purposes and whether in his judgment the public interest might be better served if they were deleted from the Grand Canyon

Report to Congress.

National Park. The Secretary shall report his findings and recommendations to the Congress no later than one year from the date of enactment of this Act.
acquisition of lands by donation or exchange Sec. 4.

16 USC 228c.

 (a) Within the boundaries of the Grand Canyon National Park, as enlarged by this Act, the Secretary of the Interior (hereinafter referred to as the “Secretary”) may acquire land and interest in land by donation, purchase with donated or appropriated funds, or exchange. (b) Federal lands within the boundaries of such park are hereby transferred to the jurisdiction of the Secretary for the purposes of this Act.
prohibition against taking of state or indian lands Sec. 5.

16 USC 228d.

 Notwithstanding any other provision of this Act (1) land or interest in land owned by the State of Arizona or any political subdivision thereof may be acquired by the Secretary under this Act only by donation or exchange and (2) no land or interest in land, which is held in trust for any Indian tribe or nation, may be transferred to the United States under this Act or for purposes of this Act except after approval by the governing body of the respective Indian tribe or nation.
cooperative agreements for unified interpretation of grand canyon Sec. 6.

16 USC 228e.

 In the administration of the Grand Canyon National Park, as enlarged by this Act, the Secretary is authorized and encouraged to enter into cooperative agreements with other Federal, State, and local public departments and agencies and with interested Indian tribes providing for the protection and interpretation of the Grand 88 Stat. 2091Canyon in its entirety. Such agreements shall include, but not be limited to, authority for the Secretary to develop and operate interpretative facilities and programs on lands and waters outside of the boundaries of such park, with the concurrence of the owner or administrator thereof, to the end that there will be a unified interpretation of t he entire Grand Canyon.
preservation of existing grazing rights Sec. 7. Where any Federal lands within the Grand Canyon National

16 USC 228f.

 Park, as enlarged by this Act, are legally occupied or utilized on the effective, date of this Act for grazing purposes, pursuant to a Federal lease, permit, or license, the Secretary shall permit the persons holding such grazing privileges to continue in the exercise thereof during the term of the lease, permit, or license, and periods of renewal thereafter: Provided, That no such renewals shall be extended beyond the period ending ten years from the date of enactment of this Act, except that any present lease, permit, or license within the boundaries of the Grand Canyon National Monument as abolished by subsection 3(b) of this Act may be renewed during the life of the present holder which renewals shall terminate upon the death of the present holder.
aircraft regulation Sec. 8. Whenever the Secretary has reason to believe that any aircraft

16 USC 228g.

 or helicopter activity or operation may be occurring or about to occur within the Grand Canyon National Park, as enlarged by tins Act, including the airspace below the rims of the canyon, which is likely to cause, an injury to the health, welfare, or safety of visitors to the park or to cause a significant adverse effect on the natural quiet and experience of the park, the Secretary shall submit to the Federal Aviation Agency, the Environmental Protection Agency pursuant, to the Noise Control Act of 1972, or any other responsible agency or

4! USC 4901 note.

 agencies such complaints, information, or recommendations for rules and regulations or other actions as he believes appropriate to protect the public health, welfare, and safety or the natural environment within the park. After reviewing the submission of the Secretary, the responsible agency shall consider the matter, and after consultation with the Secretary, shall take appropriate action to protect the park and visitors.
preservation of existing reclamation provisions Sec. 9. (a) Nothing in this Act shall be construed to alter, amend,

16 USC 228h.

 repeal, modify, or be in conflict with the provisions of sections 601 to 606 of the Colorado River Basin Project Act, approved September 30, 1968 (82 Stat. 885, 901).

43 USC 1551–1556.

16 USC 227.

 (b) Section 7 of the Act of February 26, 1919 (40 Stat. 1175, 1178), is amended to read as follows:

“Whenever consistent with the primary purposes of such park, the Secretary of the Interior is authorized to permit the utilization of those areas formerly within the Lake Mead National Recreation Area immediately prior to enactment of the Grand Canyon National Park Enlargement Act, and added to the park by such Act, which may be necessary for the development and maintenance of a Government reclamation project.”
havasupai indian reservation Sec. 10. (a) For the purpose of enabling the tribe of Indians known

16 USC 228i.

 as the Havasupai Indians of Arizona (hereinafter referred to as the 88 Stat. 2092“tribe”) to improve the social, cultural, and economic life of its members, the lands generally depicted as the “Havasupai Reservation Addition” on the map described in section 3 of this Act, and consisting of approximately one hundred and eighty-five thousand acres of land and any improvements thereon, are hereby declared to be held by the United States in trust for the Havasupai Tribe. Such map, which shall delineate a boundary line generally one-fourth of a mile from the rim of the outer gorge of the Grand Canyon of the Colorado River and shall traverse Havasu Creek from a point on the rim at Yumtheska Point to Beaver Falls to a point on the rim at Ukwalla Point, shall be on file and available for public inspection in the Offices of the Secretary, Department of the Interior, Washington, District of Columbia.

Administration.

(b) The lands held in trust pursuant to this section shall be included in the Havasupai Reservation, and shall be administered under the laws and regulations applicable to other trust Indian lands: Provided, That— (1) the lands may be used for traditional purposes, including religious purposes and the gathering of, or hunting for, wild or native foods, materials for paints and medicines; (2) the lands shall be available for use by the. Havasupai Tribe for agricultural and grazing purposes, subject to the ability of such lands to sustain such use as determined by the Secretary; (3) any areas historically used as burial grounds may continue to be so used;

Study.

(4) a study shall be made by the Secretary, in consultation with the Havasupai Tribal Council, to develop a plan for the use of this land by the tribe which shall include the selection of areas which may be used for residential, educational, and other community purposes for members of the tribe and which shall not be inconsistent with, or detract from, park uses and values; Provided

Plan and transcript, transmittal to congressional committees,

further, That before being implemented by the Secretary, such plan shall be made available through his offices for public review and comment, shall be subject to public hearings, and shall be transmitted, together with a complete transcript of the hearings, at least 90 days prior to implementation, to the Committees on Interior and Insular Affairs of the United States Congress; and Provided further, that any subsequent revisions of this plan shall be subject to the same procedures as set forth in this paragraph;

Commercial industries, restrictions.

(5) no commercial timber production, no commercial mining or mineral production, and no commercial or industrial development shall be permitted on such lands: Provided further, That the Secretary may authorize the establishment of such tribal small business enterprises as he deems advisable to meet the needs of the tribe which are in accordance with the plan provided in paragraph (4) of this section;

Nonmembers, privileges.

(6) nonmembers of the tribe shall be permitted to have access across such lands at locations established by the Secretary in consultation with the Tribal Council in order to visit adjacent park-lands, and with the consent of the tribe, may be permitted (i) to enter and temporarily utilize lands within the reservation in accordance with the approved land use plan described in paragraph (4) of this section for recreation purposes or (ii) to purchase licenses from the tribe to hunt on reservation lands subject to limitations and regulations imposed by the Secretary of the Interior; and (7) except for the uses permitted in paragraphs 1 through 6 of this section, the lands hereby transferred to the tribe shall remain forever wild and no uses shall be permitted under the plan which 88 Stat. 2093detract from the existing scenic and natural values of such lands. (c) The Secretary shall be responsible for the establishment and

Conservation measures.

 maintenance of conservation measures for these lands, including, without limitation, protection from fire, disease, insects, or trespass and reasonable prevention or elimination of erosion, damaging land use, overgrazing, or addition. The Secretary of the Interior is authorized to contract with the. Secretary of Agriculture for any services or materials deemed necessary to institute or carry out any such measures. Any authorized Federal programs available to any other Indian tribes to enhance their social, cultural, and economic well-being shall be deemed available to the tribe on these lands so long as such programs or projects are consistent with the purposes of this Act. For these purposes, and for the purpose of managing and preserving the resources of the Grand Canyon National Park, the Secretary shall have the right of access to any lands hereby included in the Havasupai Reservation. Nothing in this Act shall be construed to prohibit access by any members of the tribe to any sacred or religious places or burial grounds, native foods, paints, materials, and medicines located on public lairds not otherwise covered in this Act. (d) The Secretary shall permit any person presently exercising

“Raintank Allotment”, grazing rights.

 grazing privileges pursuant to Federal permit or lease hi that part of the Kaibab National Forest designated as the “Raintank Allotment”, and which is included in the Havasupai Reservation by this section, to continue in the exercise thereof, but, no permit or renewal shall be extended beyond the period ending ten years from the date of enactment of this Act, at which time all rights of use and occupancy of the lands will be transferred to the tribe subject to the same terms and conditions as the other lands included in the reservation in paragraph (b) of this section. (e) The Secretary, subject to such reasonable regulations as he may

“Havasupai Use Lands“, use.

 prescribe to protect the scenic, natural, and wildlife values thereof, shall permit the tribe to use lands within the Grand Canyon National Park which are designated as “Havasupai Use Lands” on the Grand Canyon National Park boundary map described in section 3 of this Act, and consisting of approximately ninety-five thousand three hundred acres of land, for grazing and other traditional purposes. (f) By the enactment of this Act, the Congress recognizes and declares that all right, title, and interest in any lands not otherwise declared to be held in trust for the Havasupai Tribe or otherwise covered by this Act is extinguished. Section 3 of the Act of February 26,

Repeal.

 1919 (40 Stat. 1177; 16 U.S.C. 223), is hereby repealed.
authorization of appropriations Sec. 11. There are authorized to be appropriated such sums as may

16 USC 228j.

 be necessary to carry out the provisions of this Act, not to exceed, however, $1,250,000, in the aggregate for the period of the five fiscal years beginning with the fiscal year ending June 30, 1074, for the acquisition of lands and property, and not to exceed $49,000 for the fiscal year ending June 30, 1974, $255,000 for the fiscal year ending June 30, 1975, $265,000 for the fiscal year ending June 30, 1976, and $235,000 for the fiscal year ending June 30, 1977, for development, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the types of construction involved herein. The sums authorized in this section shall be available for acquisition and development undertaken subsequent to the date of enactment of this Act.
Approved January 3, 1975.
Public Law 93–621: To amend the Wild and Scenic Rivers Act (82 Stat. 906), as amended, to designate segments of certain rivers for possible inclusion in the national wild and scenic rivers system; to amend the Lower Saint Croix River Act of 1972 (86 Stat. 1174), and for other purposes. Public Law621 Public Law 93–621 88 Stat. 2094 1975-01-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 2094 Public Law 93–621
AN ACT To amend the Wild and Scenic Rivers Act (82 Stat. 906), as amended, to designate segments of certain rivers for possible inclusion in the national wild and scenic rivers system; to amend the Lower Saint Croix River Act of 1972 (86 Stat. 1174), and for other purposes.

January 3, 1975

[S. 3022]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Wild and Scenic Rivers Act, amendments.
That the Wild and Scenic Rivers Act (82 Stat. 906), as amended, is further amended as follows: (a)

16 USC 1276.

 In subsection (a) of section 5 after paragraph (27) insert the following new paragraphs: “(28) American, California: The North Fork from the Cedars to the Auburn Reservoir. “(29) Au Sable, Michigan: The segment downstream from Foot Dam to Oscoda and upstream from Loud Reservoir to its source, including its principal tributaries and excluding Mio and Bamfield Reservoirs. “(30) Big Thompson, Colorado: The segment from its source to the boundary of Rocky Mountain National Park. “(31) Cache la Poudre, Colorado: Both forks from their sources to their confluence, thence the Cache la Poudre to the eastern boundary of Roosevelt National Forest. “(32) Cahaba, Alabama: The segment from its junction with United States Highway 31 south of Birmingham downstream to its junction with United States Highway 80 west of Selma. “(33) Clarks Fork, Wyoming: The segment from the Clark’s Fork Canyon to the Crandall Creek Bridge, “(34) (Colorado, Colorado and Utah: The segment from its confluence with the Dolores River, Utah, upstream to a point 19.5 miles from the Utah-Colorado border in Colorado. “(35) Conejos, Colorado: The three forks from their sources to their confluence, thence the Conejos to its first junction with State Highway 17, excluding Platoro Reservoir. “(36) Elk, Colorado: The segment from its source to Clark. “(37) Encampment, Colorado: The Main Fork and West Fork to their confluence, thence the Encampment to the Colorado-Wyoming border, including the tributaries and headwaters. “(38) Green, Colorado: The entire segment within the State of Colorado. “(39) Gunnison, Colorado: The segment from the upstream (southern) boundary of the Black Canyon of the Gunnison National Monument to its confluence with the North Fork. “(40) Illinois, Oklahoma: The segment from Tenkiller Ferry Reservoir upstream to the Arkansas-Oklahoma border, including the Flint and Barren Fork Creeks. “(41) John Day, Oregon: The main stem from Service Creek Bridge (at river mile 157) downstream to Tumwater Falls (at river mile 10). “(42) Kettle, Minnesota: The entire segment within the State of Minnesota. “(43) Los Pinos, Colorado: The segment from its source, including the tributaries and headwaters within the San Juan Primitive Area, to the northern boundary of the Granite Peak Ranch. 88 Stat. 2095 “(44) Manistee, Michigan: The entire river from its source to Manistee Lake, including its principal tributaries and excluding Tippy and Hodenpyl Reservoirs. “(45) Nolichuckey, Tennessee and North Carolina: The entire main stem. “(46) Owyhee, South Fork, Oregon: The main stem from the Oregon-Idaho border downstream to the Owyhee Reservoir. “(47) Piedra, Colorado: The Middle Fork and East Fork from their sources to their confluence, thence the Piedra to its junction with Colorado Highway 160, including the tributaries and headwaters on national forest lands. “(48) Shepaug, Connecticut: The entire river. “(49) Sipsey Fork. West Fork, Alabama: The segment, including its tributaries, from the impoundment formed by the Lewis M. Smith Dam upstream to its source in the William B. Bankhead National Forest. “(50) Snake, Wyoming: The segment from the southern boundaries of Teton National Park to the entrance to Palisades Reservoir. “(51) Sweetwater, Wyoming: The segment from Wilson Bar downstream to Spring Creek. “(52) Tuolumne, California: The main river from its source on Mount Dana and Mount Lyell in Yosemite National Park to Don Pedro Reservoir. “(53) lipper Mississippi, Minnesota: The segment from its source at the outlet of Itasca Lake to its junction with the northwestern boundary of the city of Anoka. “(54) Wisconsin, Wisconsin: The segment from Prairie du Sac to its confluence with the Mississippi River at Prairie du Chien. “(55) Yampa, Colorado: The segment within the boundaries of the Dinosaur National Monument. “(56) Dolores, Colorado: The segment of the main stem from Rico upstream to its source, including its headwaters; the West Dolores from its source, including its headwaters, downstream to its confluence with the main stem; and the segment from the west boundary, section 2, township 38 north, range 16 west, NMPM, below the proposed McPhee Dam, downstream to the Colorado-Utah border, excluding the segment from one mile above Highway 90 to the confluence of the San Miguel River.” (b) In section 5 reletter subsections (b) and (c) as (c) and (d),

16 USC 1276.

 respectively, and insert a new subsection (b), as follows: “(b) (1) The studies of rivers named in subparagraphs (28)

Studies and reports.

 through (55) of subsection (a) of this section shall be completed and reports thereon submitted by not later than October 2, 1979: Provided, That with respect to the rivers named in subparagraphs (33), (50), and (51), the Secretaries shall not commence any studies until (i) the State legislature has acted with respect to such rivers or (ii) one year from the date of enactment of this Act, whichever is earlier. “(2) The study of the river named in subparagraph (56) of subsection (a) of this section shall be completed and the report thereon submitted by not later than January 3, 1976. “(3) There are authorized to be appropriated for the purpose

Appropriations.

 of conducting the studies of the rivers named in subparagraphs through (56) such sums as may be necessary, but not more than $2,175,000.” 88 Stat. 2096

16 USC 1278.

(c) In clause (i) of subsection (b) of section 7 strike the final comma and the following word “and” and insert in lieu thereof a colon and the following proviso: “Provided, That if any Act designating any river or rivers for potential addition to the national wild and scenic rivers system provides a period for the study or studies which exceeds such three complete fiscal year period the period provided for in such Act shall be substituted for the three complete fiscal year period in the provisions of this clause (i); and”.

16 USC 1275.

(d) In the fourth sentence of subsection (a) of section 4: (1) between “rivers” and “with” insert “(i)”, and (2) strike “system.” and insert in lieu thereof “system, and (ii) which possess the greatest proportion of private lands within their areas.”.
Sec. 2.

16 USC 1274 note.

 Subsection (a) of section (i of the Lower Saint Croix River Act of 1972 (86 Stat. 1174) is amended by deleting “$7,275,000” and inserting in lieu thereof “$19,000,000”.
Approved January 3, 1975.
Public Law 93–622: To further tile purposes of the Wilderness Act by designating certain acquired lands for inclusion in the National Wilderness Preservation System, to provide for study of certain additional lands for such inclusion, and for other purposes. Public Law622 Public Law 93–622 88 Stat. 2096 1975-01-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–622
AN ACT To further tile purposes of the Wilderness Act by designating certain acquired lands for inclusion in the National Wilderness Preservation System, to provide for study of certain additional lands for such inclusion, and for other purposes.

January 3, 1975

[S. 3433]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

National Wilderness Preservation System.

Designation of certain acquired lands.

16 USC 1132 note.
statement of findings and policy Sec. 2. (a) The Congress finds that— (1) in the more populous eastern half of the United States there is an urgent need to identify, study, designate, and preserve areas for addition to the National Wilderness Preservation System; (2) in recognition of this urgent need, certain areas in the national forest system in the eastern half of the United States were designated by the. Congress as wilderness in the Wilderness

16 USC 1131 note.

Act (78 Stat. 890); certain areas in the national wildlife refuge system in the eastern half of the United States have been designated by the Congress as wilderness or recommended by the President for such designation, and certain areas in the national park system in the eastern half of the United States have been recommended by the President for designation as wilderness; and (3) additional areas of wilderness in the more populous eastern half of the United States are increasingly threatened by the pressures of a growing and more mobile population, large-scale industrial and economic growth, and development, and uses inconsistent with the protection, maintenance, and enhancement of the areas’ wilderness character. (b) Therefore, the Congress finds and declares that it is in the national interest that these and similar areas in the eastern half of the United States be promptly designated as wilderness within the National Wilderness Preservation System, in order to preserve such areas as an enduring resource of wilderness which shall be managed to promote and perpetuate the wilderness character of the land and its specific values of solitude, physical and mental challenge, scientific study, inspiration, and primitive recreation for the benefit of all of the American people of present and future generations.
88 Stat. 2097
designation of wilderness areas Sec. 3. (a) In furtherance of the purposes of the Wilderness Act,

16 USC 1132 note.

 the following lands (hereinafter in this Act referred to as “wilderness areas”), as generally depicted on maps appropriately referenced, dated April 1974, are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System— (1) certain lands in the Bankhead National Forest, Alabama, which comprise about twelve thousand acres, are generally depicted on a map entitled “Sipsey Wilderness Area—Proposed”, and shall be known as the Sipsey Wilderness: (2) certain lands in the Ouachita National Forest, Arkansas, which comprise, about fourteen thousand four hundred and thirty-three acres, are generally depicted on a map entitled “Caney Creek Wilderness Area—Proposed”, and shall be known as the Caney Creek Wilderness; (3) certain lands in the Ozark National Forest, Arkansas, which comprise, about ten thousand live hundred and ninety acres, are generally depicted on a map entitled “Upper Buffalo Wilderness Area—Proposed”, and shall be known as the Upper Buffalo Wilderness; (4) certain lands in the Appalachicola National Forest, Florida, which comprise about twenty-two thousand acres, are generally depicted on a map entitled “Bradwell Bay Wilderness Area—Proposed”, and shall be known as the Bradwell Bay Wilderness; (5) certain lands in the Daniel Boone National Forest, Kentucky, which comprise, about five thousand five hundred acres, are generally depicted on a map entitled “Beaver Creek Wilderness Area—Proposed”, and shall be known as the Beaver Creek Wilderness; (6) certain lands in the White Mountain National Forest, New Hampshire, which comprise about twenty thousand three hundred and eighty acres, are generally depicted on a map entitled “Presidential Range-Dry River Wilderness Area—Proposed”, and shall be known as the Presidential Range-Dry River Wilderness; (7) certain lands in the Nantahala and Cherokee National Forests, North Carolina and Tennessee, which comprise about fifteen thousand acres, are generally depicted on a map entitled “Joyce Kilmer-Slickrock Wilderness Area—Proposed”, and shall be known as the Joyce Kilmer-Slickrock Wilderness; (8) certain lands in the Sumter, Nantahala, and Chattahoochee National Forests in South Carolina, North Carolina, and Georgia, which comprise about three thousand six hundred acres, are generally depicted on a map entitled “Ellicott Rock Wilderness Area—Proposed”, and shall be known as Ellicott Rock Wilderness; (9) certain lands in the Cherokee National Forest, Tennessee, which comprise about two thousand five hundred and seventy acres, are generally depicted on a map entitled “Gee Creek Wilderness Area—Proposed”, and shall be known as the Gee Creek Wilderness; (10) certain lands in the Green Mountain National Forest, Vermont, which comprise about six thousand five hundred acres, are generally depicted on a map entitled “Bristol Cliffs Wilderness Area—Proposed”, and shall be known as the Bristol Cliffs Wilderness; (11) certain lands in the Green Mountain National Forest, Vermont, which comprise about fourteen thousand three hundred acres, are generally depicted on a map entitled “Lye Brook Wilderness Area—Proposed”, and shall be known as the Lye Brook Wilderness; 88 Stat. 2098 (12) certain lands in the Jefferson National Forest, Virginia, which comprise about eight thousand eight hundred acres, are generally depicted on a map entitled “James River Face Wilderness Area—Proposed”, and shall be known as the James River Face Wilderness; (13) certain lands in the Monongahela National Forest, West Virginia, which comprise about ten thousand two hundred and fifteen acres, are generally depicted on a map entitled “Dolly Sods Wilderness Area—Proposed”, and shall be known as the Dolly Sods Wilderness; (14) certain lands in the Monongahela National Forest, West Virginia, which comprise about twenty thousand acres, are generally depicted on a map entitled “Otter Creek Wilderness Study Area”, and shall be known as the Otter Creek Wilderness; and (15) certain lands in the Chequamegon National Forest, Wisconsin, which comprise about six thousand six hundred acres, are generally depicted on a map entitled “Rainbow Lake Wilderness Area—Proposed”, and shall be known as the Rainbow Lake Wilderness.

16 USC 1131 note.

(b) In furtherance of the purposes of the Wilderness Act, the following lands (hereinafter referred to as “wilderness areas”), as generally depicted on maps appropriately referenced, dated April 1973, are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System: certain lands in the Chattahoochee and Cherokee National Forests, Georgia and Tennessee, which comprise about thirty-four thousand five hundred acres, are generally depicted on a map dated April 1973, entitled “Cohutta Wilderness Area—Proposed”, and shall be known as the Cohutta Wilderness.
designation of wilderness study area Sec. 4. (a) In furtherance of the purposes of the Wilderness Act and

16 USC 1132 and note.

in accordance with the provisions of subsection 3(d) of that Act, the Secretary of Agriculture (hereinafter referred to as the “Secretary”) shall review, as to its suitability or nonsuitability for preservation as wilderness, each area designated by or pursuant to subsection (b)

Report to the President.

of this section and report his findings to the President. The President shall advise the United States Senate and House of Representatives of his recommendations with respect to the designation as wilderness of each such area on which the review has been completed. (b) Areas to be reviewed pursuant to this section (hereinafter referred to as “wilderness study areas”), as generally depicted on maps appropriately referenced, dated April 1974, include— (1) certain lands in the Ouachita National Forest, Arkansas, which comprise approximately five thousand seven hundred acres and are generally depicted on a map entitled “Belle Starr Cave Wilderness Study Area”; (2) certain lands in the Ouachita National Forest, Arkansas, which comprise approximately five thousand five hundred acres and are generally depicted on a map entitled “Dry Creek Wilderness Study Area”; (3) certain lands in the Ozark National Forest, Arkansas, which comprise approximately two thousand one hundred acres and are generally depicted on a map entitled “Richland Creek Wilderness Study Area”; (4) certain lands in the Appalachicola National Forest, Florida, which comprise approximately one thousand one hundred acres and are generally depicted as the “Sopchoppy River Wilderness Study Area” on a map entitled “Bradwell Bay Wilderness Area—Proposed”; 88 Stat. 2099 (5) certain lands in the Hiawatha National Forest, Michigan, which comprise approximately five thousand four hundred acres and are generally depicted on a map entitled “Rock River Canyon Wilderness Study Area”; (6) certain lands in the Ottawa National Forest, Michigan, which comprise approximately thirteen thousand two hundred acres and are generally depicted on a map entitled “Sturgeon River Wilderness Study Area”; (7) certain lands in the Pisgah National Forest, North Carolina, which comprise approximately one thousand one hundred acres and are generally depicted on a map entitled “Craggy Mountain Wilderness Study Area”; (8) certain lands in the Francis Marion National Forest, South Carolina, which comprise approximately one thousand five hundred acres and are generally depicted on a map entitled “Wambaw Swamp Wilderness Study Area”; (9) certain lands in the Jefferson National Forest, Virginia, which comprise approximately four thousand acres and are generally depicted on a map entitled “Mill Creek Wilderness Study Area”; (10) certain lands in the Jefferson National Forest, Virginia, which comprise approximately eight thousand four hundred acres and are generally depicted on a map entitled “Mountain Lake Wilderness Study Area”; (11) certain lands in the Jefferson National Forest, Virginia, which comprise approximately five thousand acres and are generally depicted on a map entitled “Peters Mountain Wilderness Study Area”; (12) certain lands in the George Washington National Forest, Virginia, which comprise approximately six thousand seven hundred acres and are generally depicted on a map entitled “Ramsey’s Draft Wilderness Study Area”; (13) certain lands in the Chequamegon National Forest, Wisconsin, which comprise approximately six thousand three hundred acres and are generally depicted on a map entitled “Flynn Lake Wilderness Study Area”; (14) certain lands in the Chequamegon National Forest, Wisconsin, which comprise approximately four thousand two hundred acres and are generally depicted on a map entitled “Round Lake Wilderness Study Area”; (15) certain lands in the Monongahela National Forest, West Virginia, which comprise approximately thirty-six thousand three hundred acres and are generally depicted on a map entitled “Cranberry Wilderness Study Area”; (16) certain lands in the Cherokee National Forest, Tennessee, which comprise approximately four thousand five hundred acres and are generally depicted on a map entitled “Big Frog Wilderness Study Area”; and (17) certain lands in the Cherokee National Forest, Tennessee, which comprise approximately fourteen thousand acres and are generally depicted as the “Citico Creek Area” on a map entitled “Joyce Kilmer-Slickrock Wilderness Area—Proposed”; (c) Reviews shall be completed and the President shall make his recommendations to Congress within five years after enactment of this Act. (d) Congress may, upon the recommendation of the Secretary of Agriculture or otherwise, designate as study areas, national forest system lands east of the 100th meridian other than those areas specified in subsection (b) of this section, for review as to suitability or nonsuitability for preservation as wilderness. Any such area subsequently 88 Stat. 2100designated as a wilderness study area after the enactment of this Act shall have its suitability or nonsuitability for preservation as wilderness submitted to Congress within ten years from the date of designation as a wilderness study area. Nothing in this Act shall be construed as limiting the authority of the Secretary of Agriculture to carry out management programs, development, and activities in accordance with the Multiple-Use, Sustained-Yield Act of 1960 ( 74 Stat. 215, 16 U.S.C. 528–531) within areas not designated for review in accordance with the provisions of this Act. (e) Nothing herein contained shall limit the President in proposing, as part of his recommendations to Congress, the alteration of existing boundaries of any wilderness study area or recommending the addition to any such area of any contiguous area predominantly of wilderness value. Any recommendation of the President to the effect that such area or portion thereof should be designated as “wilderness” shall become effective only if so provided by an Act of Congress.
filing of maps and descriptions Sec. 5. As soon as practicable after enactment of this Act, a map of each wilderness study area and a map and a legal description of each wilderness area shall be filed with the Committees on Interior and Insular Affairs and on Agriculture of the United States Senate and House of Representatives, and each such map and description shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typographical errors in each such legal description and map may be made. Each such map and legal description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture.
management of areas Sec. 6. (a) except as otherwise provided by this Act, the wilderness areas designated by or pursuant to this Act shall be managed by the Secretary of Agriculture in accordance with the provisions of the

16 USC 1131 note.

Wilderness Act. The wilderness study areas designated by or pursuant to this Act shall—be managed by the Secretary of Agriculture so as to maintain their presently existing wilderness character and potential for inclusion in the National Wilderness Preservation System until Congress has determined otherwise, except that such management requirement shall in no case extend beyond the expiration of the third succeeding Congress from the date of submission to the Congress of the President’s recommendations concerning the particular study area. (b) Within the sixteen wilderness areas designated by section 3 of this Act:

Acquisition.

(1) the Secretary of Agriculture may acquire by purchase with donated or appropriated funds, by gift, exchange, condemnation, or otherwise, such lands, waters, or interests therein as he determines necessary or desirable for the purposes of this Act. All lands acquired under the provisions of this subsection shall become national forest lands and a part of the Wilderness System; (2) in exercising the exchange authority granted by paragraph (1), the Secretary of Agriculture may accept title to non-Federal property for federally owned property of substantially equal value, or, if not of substantially equal value, the value shall be equalized by the payment of money to the grantor or to the Secretary as the circumstances require; (3) the authority of the Secretary of Agriculture to condemn any private land or interest therein within any wilderness area designated by or pursuant to this Act shall not be invoked so long as the owner or owners of such land or interest holds and 88 Stat. 2101uses it in the same manner and for those purposes for which such land or interest was held on the date of the designation of the wilderness area: Provided, however, That the Secretary of Agriculture may acquire such land or interest without consent of the owner or owners whenever he finds such use to be incompatible with the management of such area as wilderness and the owner or owners manifest unwillingness, and subsequently fail, to promptly discontinue such incompatible use; (4) at least sixty days prior to any transfer by exchange, sale, or otherwise (except by bequest ) of such lands, or interests therein described in paragraph (3) of this subsection, the owner or owners of such lands or interests therein shall provide notice of such

Notice.

 transfer to the supervisor of the national forest concerned, in accordance with such rules and regulations as the Secretary of Agriculture may promulgate; (5) at least sixty days prior to any change in the use of such lands or interests therein described in paragraph (3) of this subsection which will result in any significant new construction or disturbance of land surface or flora or will require the use of motor vehicles and other forms of mechanized transport or motorized equipment (except as otherwise authorized by law for ingress or egress or for existing agricultural activities begun before the date of the designation other than timber cutting), the owner or owners of such lands or interests therein shall provide notice of such change in use to the supervisor of the national forest within which such lands are located, in accordance with such rides and regulations as the Secretary of Agriculture may promulgate; (6) for the purposes of paragraphs (7) and (8) of this subsection, the term “property” shall mean a detached, noncommercial

“Property.”

 residential dwelling, the construction of which was begun before the date of the designation of the wilderness area (hereinafter referred to as “dwelling”), or an existing agricultural activity begun before the date of the designation of the wilderness area, other than timber cutting (hereinafter referred to as “agricultural activity”), together with so much of the land on which the dwelling or agricultural activity is situated, such land being in the same ownership as the dwelling or agricultural activity, as the Secretary of Agriculture shall determine to be necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use or for the agricultural activity, together with any structures accessory to the dwelling or agricultural activity which are situated on the land so designated; (7) any owner or owners of property on the date of its acquisition by the Secretary of Agriculture may, as a condition of such acquisition, retain for themselves and their successors or assigns a right of use and occupancy of the property for such noncommercial residential purpose or agricultural activity for twenty-five years, or, in lieu thereof, for a term ending at the death of the owner or his spouse, whichever is later. The owner shall elect the term to be reserved. The Secretary of Agriculture shall pay to the owner the fair market value of the property on the date of such acquisition less the fair market value on such date of the right retained by the owner: Provided, That whenever an owner of property elects to retain a right of use and occupancy as provided for in this section, such owner shall be deemed to have waived any benefits or rights accruing under sections 203.204,205, and 206 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894), and for the purposes

42 USC 4623–4626.

 88 Stat. 2102of those sections such owner shall not be considered a displaced

42 USC 4601.

person as defined in section 101(6) of that Act; and (8) a right of use and occupancy retained or enjoyed pursuant to paragraph (7) of this subsection may be terminated with respect to the entire property by the Secretary of Agriculture upon his determination that the property or any portion thereof has ceased to be used for such noncommercial residential purpose or agricultural activity and upon tender to the holder of a right an amount equal to the fair market value as of the date of tender of that portion of the right which remains unexpired on the date of termination.
transfer of federal property Sec. 7. The head of any Federal department or agency having jurisdiction over any lands or interests in lands within the boundaries of wilderness areas and wilderness study areas designated by or pursuant to this Act is authorized to transfer to the Secretary jurisdiction over such lands for administration in accordance with the provisions of this Act.
applicability Sec. 8. Unless otherwise provided by any other Act the provisions of this Act shall only apply to National Forest areas east of the 100th meridian.
authorization of appropriations Sec. 9.

16 USC 1132 note.

 There are hereby authorized to be appropriated an amount not to exceed $5,000,000 for the acquisition by purchase, condemnation, or otherwise of lands, waters, or interests therein located in areas designated as wilderness pursuant to section 3 of this Act and an amount not to exceed $1,700,000 for the purpose of conducting a review of wilderness study areas designated by section 4 of this Act.
Approved January 3, 1975.
Public Law 93–623: To amend the Federal Aviation Act of 1958 to deal with discriminatory and unfair competitive practices In international air transportation, and for other purposes. Public Law623 Public Law 93–623 88 Stat. 2102 1975-01-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–623
AN ACT To amend the Federal Aviation Act of 1958 to deal with discriminatory and unfair competitive practices In international air transportation, and for other purposes.

January 3, 1975

[S. 3481]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

International Air Transportation Fair Competitive Practices Act of 1974.

49 USC 1159a note.
short title Section 1. This Act may be cited as the “International Air Transportation Fair Competitive Practices Act of 1974”.
discriminatory and unfair competitive practices Sec. 2.

49 USC 1159b.

 (a) United States air carriers operating in foreign air transportation perform services of vital importance to the foreign commerce of the United States including its balance of payments, to the Postal Service, and to the national defense. Such carriers have become subject to a variety of discriminatory and unfair competitive practices in their competition with foreign air carriers. The Department of State, the Department of the Treasury, the Department of Transportation, the Civil Aeronautics Board, and other departments 88 Stat. 2103or agencies, therefore, each shall keep under review, to the extent of their respective functions, ail forms of discrimination or unfair competitive practices to which United States air carriers are subject in providing foreign air transportation services and each shall take all appropriate actions within its jurisdiction to eliminate such forms of discrimination or unfair competitive practices found to exist. (b) Each of these departments and agencies of Government shall request from Congress such additional legislation as may be deemed necessary at any time it is determined there is inadequate legal authority for dealing with any form of discrimination or unfair competitive practice found to exist. (c) The Civil Aeronautics Board shall report annually to Congress

Report to Congress.

 on the actions that have been taken under subsection (a) and on the continuing program to eliminate discriminations and unfair competitive practices faced by United States carriers in foreign air transportation. The Secretaries of State, Treasury, and Transportation shall furnish to the Civil Aeronautics Board such information as may be necessary to prepare the report required by this subsection.
international user charges Sec. 3. The International Aviation Facilities Act (49 U.S.C. 1151–1160) is amended by redesignating sections 11 and 12 as sections 12 and 13, respectively, and by inserting immediately after section 10 the

49 USC 1160, 1151 note.

 following new section:
“Sec. 11. The Secretary of Transportation shall survey the charges

49 USC 1159a.

 made to air carriers by foreign governments or other foreign entities for the use of airport property or airway property in foreign air transportation. If the Secretary of Transportation determines at any time that such charges unreasonably exceed comparable charges for furnishing such airport property or airway property in the United States or are otherwise discriminatory, he shall submit a report on

Reports.

 such cases promptly to the Secretary of State and the Civil Aeronautics Board, and the Secretary of State, in collaboration with the Civil Aeronautics Board, shall promptly undertake negotiations with the foreign country involved to reduce such charges or eliminate such discriminations. If within a reasonable period such charges are not reduced or such discriminations eliminated through negotiations, the Secretary of State shall promptly report such instances to the Secretary of Transportation who shall determine compensating charges equal to such excessive or discriminatory charges. Such compensating charges shall, with the approval of the Secretary of State, be imposed on the foreign air carrier or carriers of the country concerned by the Secretary of the Treasury as a condition to acceptance of the general declaration at the time of landing or takeoff of aircraft of such foreign air carrier or carriers. The amounts so collected shall accrue to an account established for that purpose by the Secretary of the Treasury. Payments shall be made from that account to air carriers in such

Payments.

 amounts as shall be certified by the Secretary of Transportation in accordance with such regulations as he shall adopt to compensate such air carriers for excessive or discriminatory charges paid by them to the foreign countries involved.”.
rates for transportation of united states mail in foreign air transportation Sec. 4. Subsection (h) of section 406 of the Federal Aviation Act of 1958 (49 U.S.C. 1376) is amended by inserting “(1)” immediately after “(h)”, and by adding at the end thereof the following new paragraphs: 88 Stat. 2104 “(2) The Secretary of State and the Postmaster General each shall take all necessary and appropriate actions to assure that the rates paid for the transportation of mail pursuant to the Universal Postal Union

22 UST 1056.

Convention shall not be higher than fair and reasonable rates for such services. The Secretary of State and the Postmaster General shall oppose any present or proposed Universal Postal Union rates which are higher than such fair and reasonable rates. “(3) The Civil Aeronautics Board shall act expeditiously on any proposed changes in rates for the transportation of mail by aircraft in foreign air transportation. In establishing such rates, the Board shall take into consideration rates paid for transportation of mail pursuant to the Universal Postal Union Convention as ratified by the United States Government, shall take into account all of the ratemaking elements employed by the Universal Postal Union in fixing its airmail rates, and shall further consider the competitive disadvantage to United States flag air carriers resulting from foreign air carriers receiving Universal Postal Union rates for the carriage of United States mail and the national origin mail of their own countries.”
transportation of government-financed passengers and property Sec. 5. (a) Title XI of the Federal Aviation Act of 1958 (49 U.S.C. 1501 and the following) is amended by adding at the end thereof the following new section:
“transportation of government-financed passengers and property “Sec. 1117.

49 USC 1517.

 Whenever any executive department or other agency or instrumentality of the United States shall procure, contract for, or otherwise obtain for its own account or in furtherance of the purposes or pursuant to the terms of any contract, agreement, or other special arrangement made or entered into under which payment is made by the United States or payment is made from funds appropriated, owned, controlled, granted, or conditionally granted or utilized by or otherwise established for the account of the United States, or shall furnish to or for the account of any foreign nation, or any international agency, or other organization, of whatever nationality, without provisions for reimbursement, any transportation of persons (and their personal effects) or property by air between a place in the United States and a place outside thereof or between two places both of which are outside the United States, the appropriate agency or agencies shall take such steps as may be necessary to assure that such transportation is provided by air carriers holding certificates under

49 USC 1371.

section 401 of this Act to the extent authorized by such certificates or by regulations or exemption of the Civil Aeronautics Board and to the extent service by such carriers is available. The Comptroller General of the United States shall disallow any expenditure from appropriated funds for payment for such personnel or cargo transportation on an air carrier not holding a certificate under section 401 of this Act in the absence of satisfactory proof of the necessity therefor. Nothing in this section shall prevent the application to such traffic of the antidiscrimination provisions of this Act.”.
(b) That portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the center heading “TITLE XI—MISCELLANEOUS” is amended by adding at the end thereof the following new item: “Sec. 1117.
88 Stat. 2105
promotion of travel on united states carriers in foreign air transportation Sec. 6. Section 2 of the International Travel Act of 1961 (22 U.S.C. 2122) is amended by striking out the period at the end of paragraph (5) and inserting in lieu thereof a semicolon and by adding at the end thereof the following new paragraph: (6) encourage to the maximum extent feasible travel to and from the United States on United States carriers.”.
observance of tariffs by ticket agents Sec. 7. (a) The first-sentence of section 403(b) of the Federal Aviation Act of 1958 (49 U.S.C. 1373(b)), relating to observance of tariffs and prohibition against rebating, is amended to read as follows: “No air carrier or foreign air carrier or any ticket agent shall charge or demand or collect or receive a greater or less or different compensation for air transportation, or for any service in connection therewith, than the rates, fares, and charges specified in then currently effective tariffs of such air carrier or foreign air carrier; and no air carrier or foreign air carrier or ticket agent shall, in any manner or by any device, directly or indirectly, or through any agent or broker, or otherwise, refund or remit any portion of the rates, fares, or charges so specified, or extend to any person any privileges or facilities, with respect to matters required by the Board to be specified in such tariffs except those specified therein.”. (b) The first sentence of section 407(e) of such Act (49 U.S.C.

Inspection of accounts and property.

 1377(e)), relating to inspection of accounts and property, is amended to read as follows: “The Board shall at all times nave access to all lands, buildings, and equipment of any air carrier or foreign air carrier and to all accounts, records, and memorandums, including all documents, papers, and correspondence, now or hereafter existing, and kept or required to be kept by air carriers, foreign air carriers, or ticket agents and it may employ special agents or auditors, who shall have authority under the orders of the Board to inspect and examine any and all such lands, buildings, equipment, accounts, records, and memorandums.”.
prohibition against solicitation or acceptance of rebates by shippers of air freight Sec. 8. (a) Section 403(b) of the Federal Aviation Act of 1958 (49 U.S.C. 1373(b)), relating to observance of tariffs and prohibition against rebating, is amended by inserting “(1)” immediately after “(b)” and by adding at the end thereof the following new paragraph: “(2) No shipper, consignor, consignee, forwarder, broker, or other person, or any director, officer, agent, or employee thereof, shall knowingly pay, directly or indirectly, by any device or means, any greater or less or different compensation for air transportation of property, or for any service in connection therewith, than the rates, fares, and charges specified in currently effective tariffs applicable to such air transportation; and no such person shall, in any manner or by any device, directly or indirectly, through any agent or broker, or otherwise, knowingly solicit, accept, or receive a refund or remittance of any portion of the rates, fares, or charges so specified, or knowingly solicit, accept, or receive any privilege, favor, or facility, with respect to matters required by the Board to be specified in such tariffs, except those specified therein.”. (b) Section 902(d) of such Act (49 U.S.C. 1472(d)), relating to granting rebates, is amended by inserting “(1)” immediately after “(d)” and by adding at the end thereof the following new paragraph: 88 Stat. 2106 “(2) Any person who, in any manner or by any device, knowingly and willfully solicits, accepts, or receives a refund or remittance of any portion of the rates, fares, or charges lawfully in effect for the air transportation of property, or for any service in connection therewith, or knowingly solicits, accepts, or receives any privilege, favor’, or facility, with respect to matters required by the Board to be specified in currently effective tariffs applicable to the air transportation of property, shall be fined not less than $100, nor more than $5,000, for each offense.”. (c) The subsection heading of subsection (d) of such section 902 is amended to read as follows:
“granting or receiving rebates”.
(d) That portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the side heading “Sec. 902. is amend by striking out “(d) and inserting in lieu thereof “(d)
Approved January 3, 1975.
Public Law 93–624: Making urgent supplemental appropriations for the fiscal year ending June 30, 1975, and for other purposes. Public Law624 Public Law 93–624 88 Stat. 2106 1975-01-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–624
JOINT RESOLUTION Making urgent supplemental appropriations for the fiscal year ending June 30, 1975, and for other purposes.

January 3, 1975

[H. J. Res. 1180]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

Supplemental appropriations, 1975.

 CHAPTER I DEPARTMENT OF LABOR Manpower Administration program administration For an additional amount for “Program administration”, $500,000, together with $500,000 to be expended from the Employment Security Administration Account in the Unemployment Trust Fund: Provided, That this appropriation shall become available only upon enactment

Ante, p. 1845.

into law of H.R. 16596 or similar legislation by the Ninety-third Congress. temporary employment assistance For financial assistance as authorized by title 1 of the Emergency Jobs and Unemployment Assistance Act of 1974, $1,000,000,000 to remain available until December 31, 1975; Provided, That this appropriation shall become available only upon enactment into law of H.R. 16596 or similar legislation by the Ninety-third Congress. 88 Stat. 2107 federal unemployment benefits and allowances For an additional amount for “Federal unemployment benefits and allowances”, including payments accruing after enactment of this appropriation, under title II of the Emergency Jobs and Unemployment Assistance Act of 1974, $2,000,000,000, to remain available until

Ante, p. 1550.

 September 30, 1976: Provided, That this appropriation shall become available only upon the enactment into law of H.R. 16596 or similar legislation by the Ninety-third Congress. advances to the extended unemployment compensation account For making repayable advances to the extended unemployment compensation account in the Unemployment Trust Fund, as authorized by section 905(d) of the Social Security Act, as amended, to remain

43 USC 1105.

 available until September 30, 1976, $750,000,000: Provided, That amounts for necessary advances, repayable to the general fund as provided in said section 905(d) shall first be derived from balances in the revolving fund established by section 901(e) of the Social Security Act: Provided further, That the Secretary of the Treasury shall make

42 USC 1101.

 such repayable advances at such times as he may determine, in consultation with the Secretary of Labor, that the amount in the extended unemployment compensation account is insufficient for the payments required by law to be paid therefrom to States: Provided further, That this appropriation shall become available only upon enactment into law of H.R. 17597 or similar legislation by the Ninety-third Congress. grants to states for unemployment insurance and employment services For an additional amount to be expended for “Grants to States for unemployment insurance and employment services” from the Employment Security Administration Account in the Unemployment Trust Fund, $249,000,000 to remain available until September 30, 1976, which shall be available only to the extent necessary to meet increased costs of administration resulting from changes in a State law or increases in the number of unemployment insurance claims filed and claims paid or increased salary costs resulting from changes in State salary compensation plans embracing employees of the State generally over those upon which the State’s basic grant was based, which cannot be provided for by normal budgetary adjustments: Provided, That this appropriation shall be available only upon enactment into law of H.R. 16596, H.R. 17597, or similar legislation by the Ninety-third

Ante, pp. 1845, 1869.

 Congress. CHAPTER II VETERANS ADMINISTRATION Readjustment Benefits For an additional amount for “Readjustment benefits”, $811,700,000, to remain available until expended. General Operating Expenses For an additional amount for “General operating expenses”, $500,000. 88 Stat. 2108 CHAPTER III DEPARTMENT OF TRANSPORTATION Federal Railroad Administration interim operating assistance For necessary expenses for “Interim operating assistance” under the Regional Rail Reorganization Act of 1973, $10,200,000, to remain available until expended. CHAPTER IV DEPARTMENT OF AGRICULTURE Commodity Exchange Authority For necessary expenses to carry into effect the provisions of the Commodity Exchange Act, as amended (7 U.S.C. 1 et seq.) and Public

Ante, p. 1389.

Law 93–463, enacted October 23, 1974, including not to exceed $200,000 for employment under 5 U.S.C. 3109, $2,473,000. CHAPTER V DEPARTMENT OF COMMERCE Economic Development Administration job opportunities program For Job Opportunities Program assistance as authorized by title III

Ante, p. 1845.

of the Emergency Jobs and Unemployment Assistance Act of 1974, $125,000,000, to be derived by transfer from fluids appropriated in this Act to the Department of Labor under the heading “Temporary Employment Assistance”, to remain available until December 31, 1975: Provided, That this appropriation shall become available only upon enactment into law of H.R. 16596 or similar legislation by the Ninety-third Congress. Approved January 3, 1975.
Public Law 93–625: To amend the Tariff Schedules of the United States to permit the importation of upholstery regulators, upholsterer’s regulating needles, and upholsterer’s pins free of duty. Public Law625 Public Law 93–625 88 Stat. 2108 1975-01-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–625
AN ACT To amend the Tariff Schedules of the United States to permit the importation of upholstery regulators, upholsterer’s regulating needles, and upholsterer’s pins free of duty.

January 3, 1975

[H. R. 421]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Upholstery regulators, needles, and pins.

Duty-free importation.

Taxes.
SECTION 1. AMENDMENT OF TARIFF SCHEDULES. (a) In General.— Schedule 6, part 3, subpart E of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended— (1) by striking out “upholstery regulators, and”, and by inserting “and upholstery regulators, upholsterer’s regulating needles, and upholsterer’s pins,” after “other hand needles,” in the item description preceding item 651.01. 88 Stat. 2109 (2) by striking out “and upholstery regulators” in item 651.04; and (3) by inserting after item 651.05 the following new item:
“ 651.06 Upholstery regulators, upholsterer’s regulating needles, and upholsterer’s pins Free Free ”.
(b) Effective Date.— The amendments made by subsection (a)

19 USC 1202 note.

 apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of enactment of this Act. (c) Status of New Item.— The duty free treatment applied to

19 USC 1202 note.

 upholstery regulators, upholsterer’s regulating needles, and upholsterer’s pins under item 651.06 of the Tariff Schedules of the United States (as added by subsection (a)) shall be treated as not having the status of a statutory provision enacted by the Congress, but as having been proclaimed by the President as being required or appropriate to carry out foreign trade agreements to which the United States is a party.
SEC. 2. AMENDMENT OF INTERNAL REVENUE CODE. Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference is to a section or other provision of the Internal Revenue Code of 1954.

26 USC 1 et seq.
SEC. 3. EXTENSION BY ONE YEAR OF PERIOD DURING WHICH POLLUTION CONTROL FACILITIES, RAILROAD ROLLING STOCK, REHABILITATION HOUSING, AND COAL MINE SAFETY EQUIPMENT MAY QUALIFY FOR 5-YEAR AMORTIZATION. (a) Pollution Control Facilities.— Section 169(d)(4)(B)

26 USC 169.

 (defining new identifiable treatment facility) is amended by striking out “January 1, 1915” and inserting in lieu thereof “January 1, 1976”. (b) Railroad Rolling Stock.— Section 184(e) (relating to amortization

26 USC 184.

 of railroad rolling stock) is amended— (1) by striking out “1975” in paragraph (1) and inserting in lieu thereof “1976”, and (2) by striking out “January 1, 1975” in paragraph (7) and inserting in lieu thereof “January 1, 1976”. (c) Rehabilitation of Low-Income Rental Housing.— Section 167(k) (1) (relating to expenditures to rehabilitate low-income rental

26 USC 167.

 housing) is amended by striking out “January 1, 1975” and inserting in lieu thereof “January 1, 1976”. (d) Coal Mining Safety Equipment.— Section 187(d)(3) (defining

2b USC 187.

 certified coal mine safety equipment) is amended by striking out “January 1, 1975” and inserting in lieu thereof “January 1, 1976”.
SEC. 4. ACCRUAL OF VACATION PAY. (a) In General.— Subpart C of part II of subchapter E of chapter 1 (relating to taxable year for which deductions taken) is amended by adding at the end thereof the following new section:
“SEC. 463. ACCRUAL OF VACATION PAY.

26 USC 463.

 “(a) Allowance of Deduction.— At the election of a taxpayer whose taxable income is computed under an accrual method of accounting, if the conditions of section 162(a) are otherwise satisfied, the

26 USC 162.

 deduction allowable under section 162(a) with respect to vacation pay shall be an amount equal to the sum of— 88 Stat. 2110 “(1) a reasonable addition to an account representing the taxpayer’s liability for vacation pay earned by employees before the close of the taxable year and payable during the taxable year or within 12 months following the close of the taxable year; plus “(2) the amount (if any) of the reduction at the close of the taxable year in the suspense account provided in subsection (c)(2). Such liability for vacation pay earned before the close of the taxable year shall include amounts which, because of contingencies, would not

26 USC 162.

(but for this section) be deductible under section 162(a) as an accrued expense. All payments with respect to vacation pay shall be charged to such account. “(b) Opening Balance.— The opening balance of the account described in subsection (a)(1) for its first taxable year shall, under regulations prescribed by the Secretary or his delegate, be— “(1) in the case of a taxpayer who maintained a predecessor account for vacation pay under section 97 of the Technical Amendments

26 USC 162 note.

Act of 1958, as amended, for his last taxable year ending before January 1, 1973, and who makes an election under this section for his first taxable year ending after December 31, 1972, the larger of— “(A) the balance in such predecessor account at the close of such last taxable year, or “(B) the amount determined as if the taxpayer had maintained an account described in subsection (a)(1) for such last taxable year, or “(2) in the case of any taxpayer not described in paragraph (1), an amount equal to the largest closing balance the taxpayer would have had for any of the taxpayer’s 3 taxable years immediately preceding such first, taxable year if the taxpayer had maintained such account throughout such 3 immediately preceding taxable years. “(c) Suspense Account for Deferred Deduction.— “(1) Initial suspense account.— The amount of the suspense account at the beginning of the first taxable year for which the taxpayer maintains under this section an account (described in subsection (a)(1)) shall be the amount of the opening balance described in subsection (b) minus the amount, if any, allowed as deductions for prior taxable years for vacation pay accrued but not paid at the close of the taxable year preceding such first taxable year. “(2) Adjustments in suspense account.— At the close of each taxable year the suspense account shall be— “(A) reduced by the excess, if any, of the amount in the suspense account at the beginning of the taxable year over the amount in the account described in subsection (a) (1) at the close of the taxable year (after making the additions and charges for such taxable year provided in subsection (a)), or “(B) increased (but not to an amount greater than the initial balance of the suspense account) by the excess, if any 88 Stat. 2111of the amount in the account described in subsection (a) (1) at the close of the taxable year (after making the additions and charges for such taxable year provided in subsection (a)) over the amount in the suspense account at the beginning of the taxable year. “(3) Section 381 acquisitions.— The application of this subsection to any acquisition to which section 381(a) applies shall be

26 USC 381.

 determined under regulations prescribed by the Secretary or his delegate. “(d) Election.— An election under this section shall be made at such time and in such manner as the Secretary or his delegate may by regulations prescribe. “(e) Changes in Accounting Method.— “(1) Establishment of account not considered change.— The establishment of an account described in subsection (a) (1) shall not be considered a change in method of accounting for purposes of section 446(e) (relating to requirement respecting

26 USC 446.

 change of accounting method), and no adjustment shall be required under section 481 by reason of the establishment of such

26 USC 481.

 account. “(2) Certain taxpayers treated as having initiated change.— If the taxpayer treated vacation pay under section 97 of the Technical Amendments Act of 1958, as amended, for his

26 USC 162 note.

 last taxable year ending before January 1, 1973, and if such tax-payer fails to make an election under this section for his first taxable year ending after December 31, 1972, then, for purposes of section 481, such taxpayer shall be treated as having initiated

26 USC 481.

 a change in method of accounting with respect to vacation pay for his first taxable year ending after December 31, 1972.”
(b) Clerical Amendment.— The table of sections for such subpart C is amended by adding at the end thereof the following: “Sec. 463. (c) Certain Increases in Suspense Account Included in Gross Income.— (1) Section 81 is amended to read as follows:

26 USC 81.
“SEC. 81. CERTAIN INCREASES IN SUSPENSE ACCOUNTS. “There, shall be included in gross income for the taxable year for which an increase is required— “(1) Certain dealers’ reserves.— The amount of any increase in the suspense account required by paragraph (4)(B)(ii) of section 1615(g) (relating to certain debt obligations guaranteed

26 USC 166.

 by dealers). “(2) Vacation pay.— The amount of any increase in the suspense account required by paragraph (2)(B) of section 463(c)

Ante, p. 2109.

 (relating to accrual of vacation pay).”
(2) The table of sections for part II of subchapter B of chapter I is amended by striking out the item relating to section 81 and inserting in lieu thereof the following: “Sec. 81. (d) Effective Dates.—

26 USC 463 note.

 (1) Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 1973. 88 Stat. 2112 (2) If the taxpayer maintained an account for vacation pay under section 97 of the Technical Amendments Act of 1958, as

26 USC 162 note.

amended, for his last taxable year ending before January 1, 1973, the amendments made by this section shall apply to taxable years ending after December 31, 1972.
SEC. 5. APPLICATION OF CLASS LIFE SYSTEM TO REAL PROPERTY.

26 USC 167 note.

26 USC 1250.

(a) General Rule.— In the case of buildings and other items of section 1250 property (within the meaning of section 1250(c) of the Internal Revenue Code of 1954) placed in service before the effective date of the class lives first prescribed by the Secretary of the Treasury

26 USC 167.

or his delegate under section 167(m) of such Code for the class in which such property falls, if an election under such section 167(m) applies to the taxpayer for the taxable year in which such property is placed in service, the taxpayer may, in accordance with regulations prescribed by the Secretary of the Treasury or Iris delegate, elect to determine the useful life of such property— (1) under Revenue Procedure 62–21 (as amended and supplemented) as in effect on December 31, 1970, or (2) on the facts and circumstances. (b) Repeal of Prior Transitional Rule.— Paragraph (1) of section

26 USC 167 note.

109(e) of the Revenue Act of 1971 (Public Law 92–178) is hereby repealed.

26 USC 1250.

(c) Conforming Amendment.— Section 1250(a) (1) (C) (ii) is amended by striking “January 1, 1975” and in lieu thereof inserting “January 1, 1976”.

26 USC 167 note.

(d) Effective Date.— The amendments made by this section shall apply with respect to property placed in service after December 31, 1973.
SEC. 6. REAL ESTATE INVESTMENT TRUSTS; TREATMENT OF FORECLOSURE PROPERTY.

26 USC 856.

(a) Foreclosure Property.— Section 856 (defining real estate investment trust) is amended by adding at the end thereof the following new subsection: “(e) Special Rules for Foreclosure Property.— “(1) Foreclosure property defined.— For purposes of this part, the term ‘foreclosure property’ means any real property (including interests in real property), and any personal property incident to such real property, acquired by the real estate investment trust as the result of such trust having bid in such property at foreclosure, or having otherwise reduced such property to ownership or possession by agreement or process of law, after there was default (or default was imminent) on a lease of such property or on an indebtedness which such property secured. “(2) Grace period.— Except as provided in paragraph (3), property shall cease to be foreclosure property with respect to the real estate investment trust on the date which is 2 years after the date such trust acquired such property. “(3) Extensions.— If the real estate investment trust establishes to the satisfaction of the Secretary or his delegate that an extension of the grace period is necessary for the orderly liquidation of the trust’s interest in such property, the Secretary or his delegate may extend the grace period for such property. Any such extension shall be for a period of not more than 1 year, and not more than 2 extensions shall be granted with respect to any property. “(4) Termination of grace period in certain cases.— Any foreclosure property shall cease to be such on the first day (occurr-88 Stat. 2113ing on or after the day on which the real estate investment trust acquired the property) on which— “(A) a lease is entered into with respect to such property which, by its terms, will give rise to income which is not described in subsection (c)(3) (other than subparagraph (F) of such subsection), or any amount is received or accrued, directly or indirectly, pursuant to a lease entered into on or after such day which is not described in such subsection, “(B) any construction takes place on such property (other than completion of a building, or completion of any other improvement, where more than 10 percent of the construction of such building or other improvement was completed before default became imminent), or “(C) if such day is more than 90 days after the day on which such property was acquired by the real estate investment trust and the property is used in a trade or business which is conducted by the trust (other than through an independent contractor (within the meaning of section (d) (3)) from whom the trust itself does not derive or receive any income). “(5) Taxpayer must make election.— Property shall be treated as foreclosure property for purposes of this part only if the real estate investment trust so elects (in the manner provided in regulations prescribed by the Secretary or his delegate) on or before the due date (including any extensions of time) for filing its return of tax under this chapter for the taxable year in which such trust acquires such property. Any such election shall be irrevocable.” (b) Modification of Holding for Sale Rule.— Section 856(a) (4)

26 USC 856.

 (defining real estate investment trust) is amended by inserting after “property” the following: “(other than foreclosure property, as defined in subsection (e))”

Ante, p. 2112.

26 USC 857.

. (c) Tax on Income From Foreclosure Property.— Section 857(b)

26 USC 11.

 (relating to method of taxation of real estate investment trusts, etc.) is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: “(4) Income from foreclosure property.— “(A) Imposition of tax.— There is hereby imposed for each taxable year on the net income from foreclosure property of every real estate investment trust a tax determined by applying section 11 to such income as if such income

“Net income from foreclosure property.”

 constituted the taxable income of a corporation taxable under section 11. For purposes of the preceding sentence, the surtax exemption shall be zero. “(B) Net income from foreclosure property.— For purposes

26 USC 1221.

 of this part, the term ‘net income from foreclosure property’ means the excess of— “(i) gain from the sale or other disposition of foreclosure property described in section 1221(1) and the

Ante, p. 2112.

 gross income for the taxable year derived from foreclosure property (as defined in section 856(e)), but only

26 USC 856.

 to the extent such gross income is not described in subparagraph (A), (B), (C), (D), or (E) of section 856(c) (3), over

26 USC 856.

 “(ii) the deductions allowed by this chapter which are directly connected with the production of the income referred to in clause (i).” 88 Stat. 2114

Ante, p. 2112.

(d) Technical Amendments.— (1) Paragraphs (2) and (3) of section 856(c) (relating to limitations) are each amended by striking out “and” at the end of subparagraph (D), by adding “and” at the end of subparagraph (E), and by adding at the end thereof the following new subparagraph: “(F) income and gain derived from foreclosure property

26 USC 857.

(as defined in subsection (e));”.

26 USC 561.

(2) Section 857(a) (1) (relating to requirements applicable to real estate investment trusts) is amended to read as follows: “(1) the deduction for dividends paid during the taxable year

26 USC 857.

(as defined in section 561, but determined without regard to capital gains dividends) equals or exceeds the sum of— “(A) 90 percent of the real estate investment trust taxable income for the taxable year (determined without regard to the deduction for dividends paid (as defined in section 561)); and “(B) 90 percent of the excess of (i) the net income from foreclosure property over (ii) the tax imposed on such income by subsection (o) (4) (A), and”.

26 USC 856 note.

(3) Section 857(b)(2) (defining real estate investment trust taxable income) is amended by adding at the end thereof the following new subparagraph: “(F) There shall be excluded an amount equal to the net income from foreclosure property.” (4) Section 857(b)(2)(C) is amended by inserting before the the period at the end thereof “and shall be computed without regard to that portion of such deduction which is attributable to the amount excluded under subparagraph (F)”.

26 USC 856.

(e) Effective Date.— The amendments made by this section apply to foreclosure property acquired after December 31, 1973. Notwithstanding the provisions of section 856(e) (5) of the Internal Revenue

26 USC 6621.

Code of 1954 (as added by subsection (a) of this section) any taxpayer required to make an election with respect to foreclosure property sooner than 90 days after the date of enactment of this Act, may make that election at any time before the 91st day after the date of enactment of this Act.
SEC. 7. INCREASE IN INTEREST CHARGED AND PAID IN CONNECTION WITH DEFICIENCIES, ETC. (a) Increase in Interest Rate.— (1) Chapter 67 (relating to interest) is amended by adding at the end thereof the following new subchapter: “Subchapter C— Determination of interest rate “Sec. 6621.

26 USC 6601, 6602, 6611, 6332, 7426.

“SEC. 6621. DETERMINATION OF RATE OF INTEREST. “(a) In General.— The rate of interest under sections 6601(a),

Ante, p. 2114

6602, 6611(a), 6332(c) (1), and 7426(g) of this title, and under section 2411 (a) of title 28 is 9 percent per annum, or such adjusted rate as is established by the Secretary or his delegate under subsection (b). “(b) Adjustment of Interest Rate.— The Secretary or his delegate shall establish an adjusted rate of interest for the purpose of subsection (a) not later than October 15 of any year if the adjusted prime rate charged by banks during September of that year, rounded to the nearest full percent, is at least a full percentage point more or less than the interest rate which is then in effect. Any such adjusted rate of interest shall be equal to the adjusted prime rate charged by banks, rounded to the nearest full percent, and shall become effective 88 Stat. 2115on February 1 of the immediately succeeding year. An adjustment provided for under this subsection may not be made prior to the expiration of 23 months following the date of any preceding adjustment under this subsection which changes the rate of interest. “(c) Definition of Prime Rate.— For purposes of subsection (b), the term ‘adjusted prime rate charged by banks’ means 90 percent of the average predominant prime rate quoted by commercial banks to large businesses, as determined by the Board of Governors of the Federal Reserve System.”
(2) The following provisions are each amended by striking out “the rate of 6 percent per annum” and inserting in lieu thereof the following: “an annual rate established under section 6621”:

26 USC 6601.

 (A) section 6601(a) (relating to interest on

26 USC 6602.

 underpayments), (B) section 6602 (relating to interest on erroneous refunds

26 USC 6611.

 recoverable by suit), (C) section 6611(a) (relating to interest on overpayments),

26 USC 6332.

 (D) section 6332(c)(1) (relating to interest with respect

26 USC 7426.

 to failure to surrender property subject to levy), and (E) section 7426(g) (relating to interest on judgments

26 USC 6601.

 with respect to property wrongfully levied upon). Section 2411(a) of title 28 of the United States Code (relating to interest on judgments for overpayments of taxi is amended by striking out “the rate of 6 per centum per annum” and inserting in lieu thereof: “an annual rate established under section 6621 of the internal Revenue Code of 1954”. (b) Termination of Reduced Interest Rate in Certain Cases.— (1) Certain extensions of time.— Section 6601 is amended by

26 USC 514.

 striking out subsection (b) (relating to extensions of time in the case of certain estates) and subsection (j) (relating to extensions of time in the case of certain expropriation lesses), and by redesignating subsections (c), (d), (e), (f), (g). (h), (i), (k), and (1) as subsections (b), (c), (d), (e), (f), (g), (h), (i), and (j), respectively. (2) Debt-financed property.— Section 514(b)(3)(D) (relating

26 USC 6654.

26 USC 6655.

 to interest with respect to certain unrelated debt-financed income) is amended by striking out the last sentence. (c) Increase in Penalty for Failure To Pay Estimated Income Tax.— Section 6654(a) (relating to failure by individuals to pay estimated

26 USC 6163.

 income tax) and sections 6655 (a) and (g)(1) (relating to failure by corporations to pay estimated income tax) are each amended by striking out “the rate of 6 percent per annum” and inserting in lieu thereof the following: “an annual rate established under section 6621”. (d) Conforming Amendments.— (1) Section 6163(c) is amended to read as follows:

26 USC 6166, 6167.

 “(c) Cross Reference.— “For authority of the Secretary or his delegate to require security in the case of an extension under this section, see section 6165.” (2) Sections 6166(g) and 6167(e) are each amended by striking

26 USC 6504.

 out the last sentence. (3) Sections 6166 (k) and 6167(h) a re each amended by striking out paragraph (1) and by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (4) Section 6504(15) is amended by striking out “6601(h)”

26 USC 6621 note.

 and inserting in lieu thereof “6601 (g)”. (5) The table of subchapters for chapter 67 is amended by adding at the end thereof the following: “Subchapter C. 88 Stat. 2116

26 USC 861.

(e) Effective Date.— The amendments made by this section shall take effect on July 1, 1975, and apply to amounts outstanding on such date or arising thereafter.
SEC. 8. INTEREST ON CERTAIN DEPOSITS, ETC., IN THE UNITED STATES.

26 USC 4911.

The last sentence of section 861(c) (relating to interest on deposits, etc.) is amended by striking out “December 31, 1975,” and inserting in lieu thereof “December 31, 1976,”.
SEC. 9. EXCLUSION OF INTEREST ON CERTAIN OBLIGATIONS ISSUED PRIOR TO 1971. (a) In General.— Section 861(a)(1) (relating to income from sources within the United States) is amended— (1) by striking out “and” at the end of subparagraph (F), (2) by striking out the period at the end of subparagraph (G) and inserting in lieu thereof a comma and the word “and”, and (3) by adding at the end thereof the following new subparagraph: “(H) interest on a debt obligation which was part of an issue which— “(i) was part of an issue outstanding on April 1, 1971, “(ii) was guaranteed by a United States person, (iii)

26 USC 2104.

 was treated under chapter 41 as a debt obligation of a foreign obligor, “(iv) as of June 30, 1974, had a maturity of not more than 15 years, and “(v) when issued, was purchased by one or more underwriters for the purpose of distribution through resale.”,

26 USC 861 note.

(b) Conforming Amendment.— The last sentence of section 2104(c) (relating to debt obligations treated as property within the United States) is amended by striking out “or section 861(a)(1)(G)” and inserting in lieu thereof a comma and “section 861(a) (1) (G), or section 861(a)(1)(H)”.

26 USC 501.

(c) Effective Date.— The amendment made by subsection (a) applies to interest paid after the date of enactment of this Act, and the amendment made by subsection (b) applies with respect to estates of decedents dying after such date.
SEC. 10. TAX ON CERTAIN INCOME OF POLITICAL ORGANIZATIONS.

26 USC 527.

(a) General Rule.— Subchapter F of chapter 1 (relating to exempt organizations) is amended by adding at the end thereof the following new part: “PART VI— POLITICAL ORGANIZATIONS “Sec. 527.

26 USC 11.

“SEC. 527. POLITICAL ORGANIZATIONS. (a) General Rule.— A political organization shall be subject to taxation under this subtitle only to the extent provided in this section. A political organization shall be considered an organization exempt from income taxes for the purpose of any law which refers to organizations exempt from income taxes. “(b) Tax Imposed.— “(1) In general.— A tax is hereby imposed for each taxable year on the political organization taxable income of every political organization. Such tax shall consist of a normal tax and surtax

26 USC 11.

computed as provided in section 11 as though the political organization were a corporation and as though the political organization taxable income were the taxable income referred to 88 Stat. 2117in section 11. For purposes of this subsection, the surtax exemption

26 USC 1201.

 provided by section 11(d) shall not be allowed. “(2) Alternative tax in case of capital gains.— If for any taxable year any political organization has a net section 1201 gain,

26 USC 172.

 then, in lieu of the tax imposed by paragraph (1), there is hereby imposed a tax (if such a tax is less than the tax imposed by paragraph (1)) which shall consist of the stun of— “(A) a partial tax, computed as provided by paragraph (1), on the political organization taxable income determined by reducing such income by the amount of such gain, and “(B) an amount determined as provided in section 1201 (a) on such gain. “(c) Political Organization Taxable Income Defined.— “(1) Taxable income defined.— For purposes of this section, the political organization taxable income of any organization for any taxable year is an amount equal to the excess (if any) of— “(A) the gross income for the taxable year (excluding any exempt function income), over “(B) the deductions allowed by this chapter which are directly connected with the production of the gross income (excluding exempt function income), computed with the modifications provided in paragraph (2). “(2) Modifications.— For purposes of this subsection— “(A) there shall be allowed a specific deduction of $100, “(B) no net operating loss deduction shall be allowed under section 172, and

26 USC 241.

 “(C) no deduction shall be allowed under part VIII of subchapter B (relating to special deductions for corporations). “(3) Exempt function income.— For purposes of this subsection, the term ‘exempt function income’ means any amount

“Exempt function income.”

 received as— “(A) a contribution of money or other property, “(B) membership dues, a membership fee or assessment from a member of the political organization, or “(C) proceeds from a political fundraising or entertainment event, or proceeds from the sale of political campaign materials, which are not received in the ordinary course of any trade or business, to the extent such amount is segregated for use only for the exempt function of the political organization. “(d) Certain Uses Not Treated as Income to Candidate.— For purposes of this title, if any political organization— “(1) contributes any amount to or for the use of any political organization which is treated as exempt from tax under subsection (a) of this section, “(2) contributes any amount to or for the use of any organization described in paragraph (1) or (2) of section 509(a) which is

26 USC 509.

 exempt from tax under section 501 (a), or

26 USC 501.

 “(3) deposits any amount in the general fund of the Treasury or in the general fund of any State or local government, such amount shall be treated as an amount not diverted for the personal use of the candidate or any other person. No deduction shall be allowed under this title for the contribution or deposit of any amount described in the preceding sentence. 88 Stat. 2118 “(e) Other Definitions.— For purposes of this section— “(1) Political organization.— The term ‘political organization’ means a party, committee, association, fund, or other organization (whether or not incorporated) organized and operated primarily for the purpose of directly or indirectly accepting contributions or making expenditures, or both, for an exempt function. “(2) Exempt function.— The term ‘exempt function’ means the function of influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any Federal, State, or local public office or office in a political organization, or the election of Presidential or Vice-Presidential electors, whether or not such individual or electors are selected, nominated, elected, or appointed. “(3) Contributions.— The term ‘contributions’ has the meaning

26 USC 271.

given to such term by section 271 (b) (2). “(4) Expenditures.— The term ‘expenditures’ has the meaning given to such term by section 271(b) (3). “(f) Exempt Organization Which Is Not Political Organization Must Include Certain Amounts in Gross Income.— “(1) In general.— If an organization described in section

26 USC 501.

501(c) which is exempt from tax under section 501(a) expends any amount during the taxable year directly (or through another organization) for an exempt function (within the meaning of subsection (e) (2)), then, notwithstanding any other provision of law, there shall be included in the gross income of such organization for the taxable year, and shall be subject to tax under subsection (b) as if it constituted political organization taxable income, an amount equal to the lesser of— “(A) the net investment income of such organization for the taxable year, or “(B) the aggregate amount so expended during the taxable year for such an exempt function.

“Net investment income.”

“(2) Net investment income.— For purposes of this subsection, the term ‘net investment income’ means the excess of— “(A) the gross amount of income from interest, dividends, rents, and royalties, plus the excess (if any) of gains from the sale or exchange of assets over the losses from the sale or exchange of assets, over “(B) the deductions allowed by this chapter which are directly connected with the production of the income referred to in subparagraph (A). For purposes of the preceding sentence, there shall not be taken into account items taken into account for purposes of the tax

26 USC 511.

imposed by section 511 (relating to tax on unrelated business income). “(3) Certain separate segregated funds.— For purposes of this subsection and subsection (e) (1), a separate segregated fund (within the meaning of section 610 of title 18 or of any similar State statute, or within the meaning of any State statute which permits the segregation of dues moneys for exempt functions (within the meaning of subsection (e) (2))) which is maintained

26 USC 501.

by an organization described in section 501 (c) which is exempt from tax under section 501(a) shall be treated as a separate organization. “(g) Treatment of Newsletter Funds.— “(1) In general.— For purposes of this section, a fund established and maintained by an individual who holds, has been 88 Stat. 2119elected to, or is a candidate (within the meaning of section 41(c)

26 USC 41.

 (2)) for nomination or election to, any Federal, State, or local elective public office for use by such individual exclusively for the preparation and circulation of such individual’s newsletter shall, except as provided in paragraph (2), be treated as if such fund constituted a political organization. “(2) Additional modifications.— In the case of any fund described in paragraph (1)— “(A) the exempt function shall be only the preparation and circulation of the newsletter, and “(B) the specific deduction provided by subsection (c) (2) (A) shall not be allowed.”
(b) Requirement of Return.— Section 6012(a) (relating to persons

26 USC 6012.

 required to make returns of income) is amended by striking out “and” at the end of paragraph (4), by inserting “and” at the end of paragraph (5), and by inserting after paragraph (5) the following new paragraph: “(6) Every political organization (within the meaning of section 527(e)(1)), and every fund treated under section 527(g)

Ante, p. 211b.

 as if it constituted a political organization, which has political organization taxable income (within the meaning of section 527(c) (1)) for the taxable year;”. Section 6012(a) is amended by striking out the last sentence thereof.

Ante, p. 1297.

26 USC 501.

 (c) Conforming Amendment.— Section 501(b) (relating to tax on unrelated business income and certain other activities) is amended by striking out “parts II and III” each place it appears and inserting in lieu thereof “parts II, III, and VI”. (d) Clerical Amendment.— The table of parts for subchapter F is amended by adding at the end thereof the following new item: “Part VI. (e) Effective Date.— The amendments made by subsections (a),

26 USC 527 note.

 (b), (c), and (d) shall apply to taxable years beginning after December 31, 1974. (f) Exemption From Filing Requirement for Prior Years Where Income of Political Party Was $100 or Less.—

26 USC 6012 note.

In the case of a taxable year beginning after December 31, 1971, and before January 1, 1975, nothing in the Internal Revenue Code of 1954 shall be

26 USC 1 et seq.

 deemed to require any organization described in section 527(e) (1) of such Code to file a return for the taxable year under such Code if such

Ante, p. 2116.

 organization would be exempt from so filing under section 6012(a) (6) of such Code if such section applied to such taxable year.

Supra.

 (g) Technical Amendment.— The Act entitled “An Act to amend

Repeal.

 the Internal Revenue Code of 1954 with respect to advertising in a convention program of a national political convention”, approved June 18, 1968 (82 Stat. 183; Public Law 90–346) is repealed.

26 USC 276 note.
SEC. 11. EXTENSION OF EXISTING CREDIT AND DEDUCTION PROVISIONS FOR POLITICAL CONTRIBUTIONS TO CONTRIBUTIONS FOR NEWSLETTERS; TWO-YEAR RULE FOR ANNOUNCING CANDIDACY. (a) General Rule.— Section 41(a) (relating to contributions to

26 USC 41.

 candidates for public office) is amended by inserting “and all news-letter fund contributions” after “all political contributions”. (b) Verification.— Section 41(b) (3) (relating to verification) is amended— (1) by striking out “political contribution” the first place it appears and inserting in lieu thereof “political contribution or newsletter fund contribution”, and (2) by striking out “political contribution” the second place it appears and inserting in lieu thereof “contribution”. 88 Stat. 2120

26 USC 41.

(c) Definition.— Section 41(c) is amended by adding at the end thereof the following new paragraph:

“Newsletter fund contribution.”

“(5) Newsletter fund contribution.— The term ‘newsletter fund contribution’ means a contribution or gift of money to a fund established and maintained by an individual who holds, has been elected to, or is a candidate for nomination or election to, any Federal, State, or local elective public office for use by such individual exclusively for the preparation and circulation of a newsletter.” (d) Conforming Amendments in Deduction Provision.— Section

26 USC 218.

218 (relating to contributions to candidates for public office) is amended— (1) by inserting “or newsletter fund contribution (as defined

Supra.

in section 41(c) (5) )” after “section 41 (c)(1)” in subsection (a); and (2) (A) by striking out “political contribution” the first, place it appears in subsection (b) (2) and inserting in lieu thereof “political contribution or newsletter fund contribution”; and (B) by striking out “political contribution” the second place it appears in subsection (b) (2) and inserting in lieu thereof “contribution”. (e) Two-Year Rule for Announcing Candidacy.— Section 41(c)

26 USC 41.

(2)(A) (defining candidate) is amended by striking out “has publicly announced” and inserting in lieu thereof “publicly announces before the close of the calendar year following the calendar year in which the contribution or gift is made”.

26 USC 41 note.

(f) Effective Date.— The amendments made by this section shall apply to any contribution payment of which is made after December 31, 1974, in taxable years beginning after such date.
SEC. 12. INCREASE IN POLITICAL CONTRIBUTIONS CREDIT AND DEDUCTION. (a) Increase in Credit.— Section 41(b)(1) (relating to maximum credit for contributions to candidates for public office) is amended to read as follows: “(1) Maximum credit.— The credit allowed by subsection (a) for a taxable year shall not exceed $25 ($50 in the case of a joint

26 USC 6013.

return under section 6013).”

26 USC 218.

(b) Increase in Deduction.— Section 218(b)(1) (relating to amount of deduction for contributions to candidates for public office) is amended to read as follows: “(1) Amount.— The deduction under subsection (a) shall not exceed $100 ($200 in the case of a joint return under section 6013).”

26 USC 41 note.

(c) Effective Date.— The amendments made by subsections (a) and (b) shall apply with respect to any contribution the payment of which is made, after December 31, 1974, in taxable years beginning after such date.
SEC. 13. TRANSFER OF APPRECIATED PROPERTY TO POLITICAL ORGANIZATIONS. (a) Inclusion in Gross Income of Transferor.—

26 USC 71.

(1) In general.— Part II of subchapter B of chapter 1 (relating to items specifically included in gross income) is amended by adding at the end thereof the following new section:

26 USC 84.

SEC. 84. TRANSFER OF APPRECIATED PROPERTY TO POLITICAL ORGANIZATION. “(a) General Rule.— If— “(1) any person transfers property to a political organization, and 88 Stat. 2121 “(2) the fair market value of such property exceeds its adjusted basis, then for purposes of this chapter the transferor shall be treated as having sold such property to the political organization on the date of the transfer, and the transferor shall be treated as having realized an amount equal to the fair market value of such property on such date. (b) Basis of Property.— In the case of a transfer of property to a political organization to which subsection (a) applies, the basis of such property in the hands of the political organization shall be the same as it would be in the hands of the transferor, increased by the amount of gain recognized to the transferor by reason of such transfer. “(c) Political Organization Defined.— For purposes of this section, the term ‘political organization’ has the meaning given to such term by section 527(e)(1).”

Ante, p. 2116.
(2) Clerical amendment.— The table of sections for such part II is amended by adding at the end thereof the following: “Sec. 84. (b) Effective Date.— The amendments made by subsection (a)

26 USC 84 note.

 shall apply to transfers made after May 7, 1974, in taxable years ending after such date. (c) Nonrecognition of Gain or Loss Where Organization Sold Contributed Property Before August 2, 1973.—

26 USC 84 note.

In the case of the sale or exchange before August 2, 1973, by an organization described in section 527(e) (1) of the Internal Revenue Code of 1954 of property which such organization acquired by contribution (within the meaning of section 271(b)(2) of such Code), no gain or loss shall be

26 USC 271.

 recognized by such organization.
SEC. 14. GIFT TAX NOT TO APPLY TO CONTRIBUTIONS TO POLITICAL ORGANIZATIONS. (a) In General.— Section 2501(a) (relating to taxable transfers

26 USC 2501.

 for purposes of the gift tax) is amended by adding at the end thereof the following new paragraph: “(5) Transfers to political organizations.— Paragraph (1) shall not apply to the transfer of money or other property to a political organization (within the meaning of section 527(e)(1))

Ante, p. 2116.

 for the use of such organization.” (b) Effective Date.— The amendment made by subsection (a) shall

26 USC 2501 note.

 apply to transfers made after May 7, 1974.
Approved January 3, 1975.
Public Law 93–626: To establish the Canaveral National Seashore in the State of Florida, and for other purposes. Public Law 626 Public Law 93–626 1975-01-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–626
AN ACT To establish the Canaveral National Seashore in the State of Florida, and for other purposes.

January 3, 1975

[H. R. 5773]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That in order to

Canaveral National Seashore, Fla.

Establishment.

16 USC 459j.

 preserve and protect the outstanding natural, scenic, scientific, ecologic, and historic values of certain lands, shoreline, and waters of the State of Florida, and to provide for public outdoor recreation use and enjoyment of the same, there is hereby established the Canaveral National Seashore (hereinafter referred to as the “seashore”), as generally depicted on the map entitled “Boundary Map, Canaveral National Seashore”, dated August 1974 and numbered NS–CAN–40,000A. Such seashore shall comprise approximately sixty-seven thousand five hundred acres within the area more particularly 88 Stat. 2122 described by a line beginning at the intersection of State Highway 3 and State Road 402, thence generally easterly following State Road 402 to a point one-half mile offshore in the Atlantic Ocean, thence northwesterly along a line which is at each point one-half mile distant from the high water mark to Bethune Beach, thence inland in a generally westerly direction through Turner Flats and Shipyard Canal, thence northwesterly to the Intracoastal Waterway, thence southerly along the Intracoastal Waterway to the boundary of the Kennedy Space Center, thence southwesterly to United States Highway 1, thence southerly along State Highway 3 to the point of beginning. The boundary map shall be on file and available for public inspection in the offices of the United States Fish and Wildlife Service and National Park Service, Department of the Interior, Washington, District of Columbia. After advising

Boundary revisions, publication in Federal Register.

 the Committees on Interior and Insular Affairs of the United States Congress, in writing, at least sixty days prior to making any boundary revisions, the Secretary may from time to time make minor revisions in the boundaries of the seashore by publication of a revised map or other boundary description in the Federal Register: Provided, That the total acreage included within the boundaries shall not exceed that enumerated in this section.
Sec. 2. Within the boundaries of the seashore, the Secretary may

Land acquisition.

16 USC 459j–1.

 acquire lands, waters, and interests therein by donation, purchase with donated or appropriated funds, exchange, or transfer. Any property owned by the State of Florida or any political subdivision thereof may be acquired only by donation. It is the intent and purpose of this Act that the Secretary shall have sole authority to develop and improve those State owned lands donated now and in the future in accordance with the intent and purposes of this Act. Notwithstanding any other provision of law, any federally owned property within the boundaries of the seashore may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary of the Interior and he may develop and administer such lands in a manner consistent with the purposes of this Act. In accepting lands transferred by the National Aeronautics and Space Administration pursuant to this Act, the Secretary shall enter into a written cooperative agreement with the Administrator to assure the use of such lands in a manner which is deemed consistent with the public safety and with the needs of the space and defense programs of the Nation: Provided, That no new construction or development shall be permitted within the seashore, except for the construction of such facilities as the Secretary deems necessary for the health and safety of the visiting public or for the proper administration of the seashore: Provided further, That after

Report to congressional committees.

 the date of the enactment of this Act the Secretary of the Interior, in cooperation with the Administrator of the National Aeronautics and Space Administration, shall submit to the Committees on Interior and Insular Affairs of the Congress and to the Committee on Science and Astronautics of the House of Representatives and to the Committee on Aeronautical and Space Sciences of the Senate a report of all land transfers made by the National Aeronautics and Space Administration to the Department of the Interior under this Act.
88 Stat. 2123
Sec. 3. (a) Except for property deemed necessary by the Secretary

16 USC 459j–2.

 for visitor facilities, or for access to or administration of the seashore, any owner or owners of improved property on the date of its acquisition by the Secretary may, as a condition of such acquisition, retain for themselves and their successors or assigns a right of use and occupancy of the improved property for noncommercial residential purposes for a definite term not to exceed twenty-five years, or in lieu thereof, for a term ending at the death of the owner, or the death of his spouse, whichever is the later. The owner shall elect the term to be reserved. Unless the property is wholly or partially donated to the United States, the Secretary shall pay to the owner the fair market value of the property on the date of such acquisition less the fair market value on such date of the right retained by the owner. (b) The Secretary may terminate a right of use and occupancy retained pursuant to this section upon his determination that such use and occupancy is being exercised in a manner not consistent with the purposes of this Act, and upon tender to the holder of the right of an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination. (c) The term “improved property”, as used in this section shall

“Improved property.”

 mean a detached, noncommercial residential dwelling, the construction of which was begun before January 1, 1971 (hereafter referred to as “dwelling”), together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures, necessary to the dwelling which are situated on the land so designated. (d) Except as otherwise provided, the Secretary shall have the authority to use condemnation as a means of acquiring a clear and marketable title, free of any and all encumbrances.
Sec. 4. The Secretary shall permit hunting, fishing, and trapping

Hunting, fishing, and trapping rights.

16 USC 459j–3.

 on lands and waters under his jurisdiction within the boundaries of the seashore in accordance with the appropriate laws of the State of Florida and the United States to the extent applicable, except that he may designate zones where, and establish periods when, no hunting, fishing, or trapping shall be permitted for reasons of public safety, administration, fish and wildlife management, public use and enjoyment, protection of the resource, or competing public use. Except in emergencies, any regulations prescribing any such restrictions shall be put into effect only after consultation with the appropriate State agency responsible for hunting, fishing, and trapping activities.
Sec. 5. (a) The seashore shall be administered, protected, and developed

Administration.

16 USC 459j–4.

 in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4), as amended and supplemented, except that any other statutory authority available to the Secretary for the conservation management of natural resources may be utilized to the extent he finds such authority will further the purposes of the Act. (b) Notwithstanding any other provisions of this Act, lands and waters in the Merritt Island National Wildlife Refuge as described in subsection (c)(2) of this section which are part of the seashore shall be administered for refuge purposes through the United States Fish and Wildlife Service pursuant to the National Wildlife Refuge 88 Stat. 2124 System Administration Act, as amended (80 Stat. 926; 16 U.S.C. 668dd–668ee), except that the Secretary may utilize such additional authority as may be available to him for the conservation and management of wildlife and natural resources, the development of outdoor recreation opportunities, and interpretive education as he deems appropriate, consistent with the preservation of natural and wildlife values. (c) The Secretary shall cause to be issued a well defined division of management authority between the National Park Service and the United States Fish and Wildlife Service. It is the intent and purpose of this Act that such management authority, generally, shall be as follows: (1) The National Park Service shall administer those lands and waters described as follows: beginning at the intersection of State Highway 3 and State Road 402; thence easterly along State Road 402 and continuing easterly in a straight line to a point one-half mile offshore in the Atlantic Ocean, following the southern boundary of the seashore created in section 1; thence northwesterly along the boundary of the seashore created in section 1, which line is at each point one-half mile distance from the high water mark, to Bethune Beach; thence inland in a generally westerly direction through Turner Flats and Shipyard Canal; thence northwesterly to the Intracoastal Waterway; thence southerly along the Intracoastal Waterway to the boundary of the Kennedy Space Center; then southwesterly to United States Highway 1; thence southerly along State Highway 3 to the northern boundary of H. M. Gomez Grant; thence easterly along the northern boundary of H. M. Gomez Grant and continuing easterly in a straight line to a point of intersection with the line between the marsh and the dunes; thence southerly along the line between the marsh and the dunes to a point approximately one-half mile north of the southern boundary of the seashore created in section 1; thence westerly in a straight line to connect with and to follow the Government Railroad to its intersection with State Highway 3; thence southerly along State Highway 3 to the point of beginning. The portion of land bounded by the northern boundary of the H. M. Gomez Grant is hereby transferred to the Secretary of the Interior and may be used for the purpose of establishing such facilities as are needed for the administration of the seashore, for the construction of the principal

Spessard L. Holland Visitor Center, designation.

 visitor center which shall be designated as the “Spessard L. Holland Visitor Center”, and for a central access to the seashore: Provided, however, That the Secretary of the Interior, upon the request of the Administrator of the National Aeronautics and Space Administration, shall close this area or any part thereof to the public when necessary for space operations. In administering the shoreline and adjacent lands the Secretary shall retain such lands in their natural and primitive condition, shall prohibit vehicular traffic on the beach except for administrative purposes, and shall develop only those facilities which he deems essential for public health and safety. (2) The United States Fish and Wildlife Service shall administer the remaining lands described in section 1 of the Act.
Sec. 6. (a) There is hereby established the Canaveral National Seashore

Canaveral National Seashore Advisory Commission.

Establishment.

16 USC 459j–5.

 Advisory Commission which shall consult and advise with the Secretary on all matters of planning, development, and operation of 88 Stat. 2125 the seashore and shall provide such other advice and assistance as may

Termination.

 be useful in carrying out the purposes of this Act. The Commission shall terminate ten years after the date the seashore is established pursuant to this Act, unless extended by the Congress. The Commission shall be composed of five members who shall serve for terms of two

Membership.

 years. Members shall be appointed by the Secretary, one of whom he shall designate as Chairman, in the following manner: (1) one member from each county in which the seashore is located, to be selected from recommendations made by the county commission in each county; (2) two members representing the State of Florida who shall be selected from recommendations made by the Governor of Florida; and (3) one member representing the general public. (b) After the Secretary designates the member to be Chairman, the Commission may meet as often as necessary at the call of the Chairman or of the Secretary, or upon petition of a majority of the members of the Commission. Any vacancy in the Commission shall be filled in the same manner as the original appointment was made. (c) Members of the Commission shall serve without compensation, as such, but the Secretary may pay, upon vouchers signed by the Chairman, the expenses reasonably incurred by the Commission and its members in carrying out their responsibilities under this section.
Sec. 7. Upon enactment of this Act, those lands to be used for the

Transfer of lands.

16 USC 459j–6.

 administrative and visitor facilities described in section 5(c)(1) shall be transferred by this Act to the Secretary of the Interior and those portions of the John F. Kennedy Space Center falling within the boundaries of the seashore as defined in section 1 of this Act shall become a part of the seashore, and within ninety days thereafter, the Administrator, National Aeronautics and Space Administration, shall grant to the Secretary for carrying out the intent and purpose of this Act such use of said portions as the Administrator determines is not inconsistent with public safety and the needs of the space and defense programs of the Nation. Notwithstanding any other provision of law, any lands within the seashore which the Administrator determines to be excess to the needs of such agency shall be transferred to the Secretary of the Interior for administration in accordance with the provisions of this Act: Provided, That any portions of the John F. Kennedy Space Center within the seashore not transferred to the Secretary shall remain under the control and jurisdiction of the Administrator.
Sec. 8. Within three years from the date of enactment of this Act,

Report to President.

16 USC 459j–7.

 the Secretary shall review the area within the seashore and shall report to the President, in accordance with section 3 (c) and (d) of the Wilderness Act (78 Stat. 891; 16 U.S.C. 1132 (c) and (d)), his recommendations as to the suitability or nonsuitability of any area within the seashore for preservation as wilderness, and any designation of any such areas as a wilderness shall be accomplished in accordance with said subsections of the Wilderness Act.
Sec. 9. (a) There are hereby authorized to be appropriated such

16 USC 459j–8.

 sums as may be necessary to carry out the purposes of this Act, but not more than $7,941,000 for the acquisition of lands and interests in lands. In order to avoid excessive costs resulting from delays in the acquisition program, the Secretary shall make every reasonable effort to promptly acquire the privately owned lands within the seashore. Until all such lands are acquired, he shall report, in writing on June 30

Reports to congressional committees.

 of each year to the Committees on Interior and Insular Affairs of the United States Congress, the following information: 88 Stat. 2126 (1) the amount of land acquired during the current fiscal year and the amount expended therefor; (2) the amount of land remaining to be acquired; and (3) the amount of land programed for acquisition in the ensuing fiscal year and the estimated cost thereof. (b) For the development of essential public facilities there are

Seashore development plan, transmittal to congressional committees.

 authorized to be appropriated not more than $500,000. Within three years from the date of the enactment of this Act, the Secretary shall develop and transmit to the Committees on Interior and Insular Affairs of the United States Congress a final master plan for the full development of the seashore consistent with the preservation objectives of this Act, indicating: (1) the facilities needed to accommodate the health, safety, and recreation needs of the visiting public; (2) the location and estimated cost of all facilities; and (3) the projected need for any additional facilities within the seashore.
Approved January 3, 1975.
Public Law 93–627: To regulate commerce, promote efficiency in transportation, and protect the environment, by establishing procedures for the location, construction, and operation of deepwater ports off the coasts of the United States, and for other purposes. Public Law 627 Public Law 93–627 1975-01-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–627
AN ACT To regulate commerce, promote efficiency in transportation, and protect the environment, by establishing procedures for the location, construction, and operation of deepwater ports off the coasts of the United States, and for other purposes.

January 3, 1975

[H. R. 10701]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Deepwater Port Act of 1974.

33 USC 1501 note.

 be cited as the “Deepwater Port Act of 1974”.
declaration of policy Sec. 2. (a) It is declared to be the purposes of the Congress in this

33 USC 1501.

 Act to— (1) authorize and regulate the location, ownership, construction, and operation of deepwater ports in waters beyond the territorial limits of the United States; (2) provide for the protection of the marine and coastal environment to prevent or minimize any adverse impact which might occur as a consequence of the development of such ports; (3) protect the interests of the United States and those of adjacent coastal States in the location, construction, and operation of deepwater ports; and (4) protect the rights and responsibilities of States and communities to regulate growth, determine land use, and otherwise protect the environment in accordance with law. (b) The Congress declares that nothing in this Act shall be construed to affect the legal status of the high seas, the superjacent airspace, or the seabed and subsoil, including the Continental Shelf.
88 Stat. 2127
definitions Sec. 3. As used in this Act, unless the context otherwise requires,

33 USC 1502.

 the term— (1) “adjacent coastal State” means any coastal State which (A) would be directly connected by pipeline to a deepwater port, as proposed in an application; (B) would be located within 15 miles of any such proposed deepwater port; or (C) is designated by the Secretary in accordance with section 9(a)(2) of this Act; (2) “affiliate” means any entity owned or controlled by, any person who owns or controls, or any entity which is under common ownership or control with an applicant, licensee, or any person required to be disclosed pursuant to section 5(c)(2) (A) or (B); (3) “antitrust laws” includes the Act of July 2, 1890, as

15 USC 1, 12.

 amended, the Act of October 15, 1914, as amended, the Federal Trade Commission Act (15 U.S.C. 41 et seq., and sections 73 and 74 of the Act of August 27, 1894, as amended;

15 USC 8, 9.

 (4) “application” means any application submitted under this Act (A) for a license for the ownership, construction, and operation of a deepwater port; (B) for transfer of any such license; or (C) for any substantial change in any of the conditions and provisions of any such license; (5) “citizen of the United States” means any person who is a United States citizen by law, birth, or naturalization, any State, any agency of a State or a group of States, or any corporation, partnership, or association organized under the laws of any State which has as its president or other executive officer and as its chairman of the board of directors, or holder of a similar office, a person who is a United States citizen by law, birth or naturalization and which has no more of its directors who are not United States citizens by law, birth or naturalization than constitute a minority of the number required for a quorum necessary to conduct the business of the board; (6) “coastal environment” means the navigable waters (including the lands therein and thereunder) and the adjacent shorelines including waters therein and thereunder). The term includes transitional and intertidal areas, bays, lagoons, salt marshes, estuaries, and beaches; the fish, wildlife and other living resources thereof; and the recreational and scenic values of such lands, waters and resources; (7) “coastal State” means any State of the United States in or bordering on the Atlantic, Pacific, or Arctic Oceans, or the Gulf of Mexico; (8) “construction” means the supervising, inspection, actual building, and all other activities incidental to the building, repairing, or expanding of a deepwater port or any of its components, including, but not limited to, pile driving and bulkheading, and alterations, modifications, or additions to the deepwater port; 88 Stat. 2128 (9) “control” means the power, directly or indirectly, to determine the policy, business practices, or decisionmaking process of another person, whether by stock or other ownership interest, by representation on a board of directors or similar body, by contract or other agreement with stockholders or others, or otherwise; (10) “deepwater port” means any fixed or floating manmade structures other than a vessel, or any group of such structures, located beyond the territorial sea and off the coast of the United States and which are used or intended for use as a port or terminal for the loading or unloading and further handling of oil for transportation to any State, except as otherwise provided in section 23. The term includes all associated components and

Post, p. 2147.

 equipment, including pipelines, pumping stations, service platforms, mooring buoys, and similar appurtenances to the extent they are located seaward of the high water mark. A deepwater port shall be considered a “new source” for purposes of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended;

42 USC 1857 note.

33 USC 1251 note.

 (11) “Governor” means the Governor of a State or the person designated by State law to exercise the powers granted to the Governor pursuant to this Act; (12) “licensee” means a citizen of the United States holding a valid license for the ownership, construction, and operation of a deepwater port that was issued, transferred, or renewed pursuant to this Act; (13) “marine environment” includes the coastal environment, waters of the contiguous zone, and waters of the high seas; the fish, wildlife, and other living resources of such waters; and the recreational and scenic values of such waters and resources; (14) “oil” means petroleum, crude oil, and any substance refined from petroleum or crude oil; (15) “person” includes an individual, a public or private corporation, a partnership or other association, or a government entity; (16) “safety zone” means the safety zone established around a deepwater port as determined by the Secretary in accordance with section 10(d) of this Act; (17) “Secretary” means the Secretary of Transportation; (18) “State” includes each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States; and (19) “vessel” means every description of watercraft or other artificial contrivance used as a means of transportation on or through the water.
license for the ownership, construction, and operation of a deepwater port Sec. 4. (a) No person may engage in the ownership, construction,

33 USC 1503.

 or operation of a deepwater port except in accordance with a license 88 Stat. 2129 issued pursuant to this Act. No person may transport or otherwise transfer any oil between a deepwater port and the United States unless such port has been so licensed and the license is in force. A deepwater port, licensed pursuant to the provisions of this Act, may not be utilized— (1) for the loading and unloading of commodities or materials (other than oil) transported from the United States, other than materials to be used in the construction, maintenance, or operation of the high seas oil port, to be used as ship supplies, including bunkering for vessels utilizing the high seas oil port, (2) for the transshipment of commodities or materials, to the United States, other than oil, (3) except in cases where the Secretary otherwise by rule provides, for the transshipment of oil, destined for locations outside the United States, (b) The Secretary is authorized, upon application and in accordance with the provisions of this Act, to issue, transfer, amend, or renew a license for the ownership, construction, and operation of a deepwater port. (c) The Secretary may issue a license in accordance with the provisions

License, issuance.

 of this Act if— (1) he determines that the applicant is financially responsible and will meet the requirements of section 18(1) of this Act; (2) he determines that the applicant can and will comply with applicable laws, regulations, and license conditions; (3) he determines that the construction and operation of the deepwater port will be in the national interest and consistent with national security and other national policy goals and objectives, including energy, sufficiency and environmental quality; (4) he determines that the deepwater port will not unreasonably interfere with international navigation or other reasonable uses of the high seas, as defined by treaty, convention, or customary international law; (5) he determines, in accordance with the environmental review criteria established pursuant to section 6 of this Act, that the applicant has demonstrated that the deepwater port will be constructed and operated using best available technology, so as to prevent or minimize adverse impact on the marine environment; (6) he has not been informed, within 45 days of the last public hearing on a proposed license for a designated application area, by the Administrator of the Environmental Protection Agency that the deepwater port will not conform with all applicable provisions of the Clean Air Act, as amended, the Federal Water

42 USC 1857 note.

33 USC 1251 note.

33 USC 1401 note.

 Pollution Control Act, as amended, or the Marine Protection, Research and Sanctuaries Act, as amended; (7) he has received the opinions of the Federal Trade Commission and the Attorney General, pursuant to section 7 of this Act, as to whether issuance of the license would adversely affect competition, restrain trade, promote monopolization, or otherwise create a situation in contravention of the antitrust laws; (8) he has consulted with the Secretary of the Army, the Secretary of State, and the Secretary of Defense, to determine their 88 Stat. 2130 views on the adequacy of the application, and its effect on programs within their respective jurisdictions; (9) the Governor of the adjacent coastal State or States, pursuant to section 9 of this Act, approves, or is presumed to approve, issuance of the license; and (10) the adjacent coastal State to which the deepwater port is to be directly connected by pipeline has developed, or is making, at the time the application is submitted, reasonable progress, as determined in accordance with section 9(c) of this Act, toward developing, an approved coastal zone management program pursuant to the Coastal Zone Management Act of 1972.

16 USC 1451 note.

 (d) If an application is made under this Act for a license to construct a deepwater port facility off the coast of a State, and a port of the State which will be directly connected by pipeline with such deepwater port, on the date of such application— (1) has existing plans for construction of a deep draft channel and harbor; and (2) has either (A) an active study by the Secretary of the Army relating to the construction of a deep draft channel and harbor, or (B) a pending application for a permit under section 10 of the Act of March 3, 1899 (30 Stat. 1121), for such construction;

33 USC 403.

 and (3) applies to the Secretary for a determination under this section within 30 days of the date of the license application; the Secretary shall not issue a license under this Act until he has examined and compared the economic, social, and environmental effects of the construction and operation of the deepwater port with the economic, social and environmental effects of the construction, expansion, deepening, and operation of such State port, and has determined which project best serves the national interest or that both developments are warranted. The Secretary’s determination shall be discretionary and nonreviewable. (e) (1) In issuing a license for the ownership, construction, and

Conditions.

 operation of a deepwater port, the Secretary shall prescribe any conditions which he deems necessary to carry out the provisions of this Act, or which are otherwise required by any Federal department or agency pursuant to the terms of this Act. (2) No license shall be issued, transferred, or renewed under this Act unless the licensee or transferee first agrees in writing that (A) there will be no substantial change from the plans, operational systems, and methods, procedures, and safeguards set forth in his application, as approved, without prior approval in writing from the Secretary; and (B) he will comply with any condition the Secretary may prescribe in accordance with the provisions of this Act. (3) The Secretary shall establish such bonding requirements or

Removal requirements.

 other assurances as he deems necessary to assure that, upon the revocation or termination of a license, the licensee will remove all components of the deepwater port. In the case of components lying in the

Waiver.

 subsoil below the seabed, the Secretary is authorized to waive the removal requirements if he finds that such removal is not otherwise 88 Stat. 2131 necessary and that the remaining components do not constitute any threat to navigation or to the environment. At the request of the

Waiver.

 licensee, the Secretary, after consultation with the Secretary of the Interior, is authorized to waive the removal requirement as to any components which he determines may be utilized in connection with the transportation of oil, natural gas, or other minerals, pursuant to a lease granted under the provisions of the Outer Continental Shelf Lands Act (67 Stat. 462), after which waiver the utilization of such components shall be governed by the terms of the Outer Continental Shelf Lands Act.

42 USC 1331 note.

 (f) Upon application, licenses issued under this Act may be transferred

Transfer of licenses.

 if the Secretary determines that such transfer is in the public interest and that the transferee meets the requirements of this Act and the prerequisites to issuance under subsection (c) of this section. (g) Any citizen of the United States who otherwise qualifies under

Eligibility.

 the terms of this Act shall be eligible to be issued a license for the ownership, construction, and operation of a deepwater port. (h) Licenses issued under this Act shall be for a term of not to

Term and renewal.

 exceed 20 years. Each licensee shall have a preferential right to renew his license subject to the requirements of subsection (c) of this section, upon such conditions and for such term, not to exceed an additional 10 years upon each renewal, as the Secretary determines to be reasonable and appropriate.
procedure Sec. 5. (a) The Secretary shall, as soon as practicable after the date

Regulations.

33 USC 1504.

 of enactment of this Act, and after consultation with other Federal agencies, issue regulations to carry out the purposes and provisions of this Act, in accordance with the provisions of section 553 of title 5, United States Code, without regard to subsection (a) thereof. Such regulations shall pertain to, but need not be limited to, application, issuance, transfer, renewal, suspension, and termination of licenses. Such regulations shall provide for full consultation and cooperation with all other interested Federal agencies and departments and with any potentially affected coastal State, and for consideration of the views of any interested members of the general public. The Secretary is further authorized, consistent with the purposes and provisions of this Act, to amend or rescind any such regulation. (b) The Secretary, in consultation with the Secretary of the Interior and the Administrator of the National Oceanic and Atmospheric Administration, shall, as soon as practicable after the date of enactment of this Act, prescribe regulations relating to those activities involved in site evaluation and preconstruction testing at potential deepwater port locations that may (1) adversely affect the environment; (2) interfere with authorized uses of the Outer Continental Shelf; or (3) pose a threat to human health and welfare. Such activity may thenceforth not be undertaken except in accordance with regulations prescribed pursuant to this subsection. Such regulations shall be consistent with the purposes of this Act. (c)(1) Any person making an application under this Act shall submit

Plans, submittal to Secretary of Transportation.

 detailed plans to the Secretary. Within 21 days after the receipt of an application, the Secretary shall determine whether the application appears to contain all of the information required by paragraph (2) hereof. If the Secretary determines that such information appears to be contained in the application, the Secretary shall, no later than 5 days after making such a determination, publish notice of the application

Publication in Federal Register.

 and a summary of the plans in the Federal Register. If the Secretary determines that all of the required information does not appear 88 Stat. 2132 to be contained in the application, the Secretary shall notify the applicant and take no further action with respect to the application until such deficiencies have been remedied. (2) Each application shall include such financial, technical, and

Application contents.

 other information as the Secretary deems necessary or appropriate. Such information shall include, but need not be limited to— (A) the name, address, citizenship, telephone number, and the ownership interest in the applicant, of each person having any ownership interest in the applicant of greater than 3 per centum; (B) to the extent feasible, the name, address, citizenship, and telephone number of any person with whom the applicant has made, or proposes to make, a significant contract for the construction or operation of the deepwater port, and a copy of any such contract; (C) the name, address, citizenship, and telephone number of each affiliate of the applicant and of any person required to be disclosed pursuant to subparagraphs (A) or (B) of this paragraph, together with a description of the manner in which such affiliate is associated with the applicant or any person required to be disclosed under subparagraph (A) or (B) of this paragraph; (D) the proposed location and capacity of the deepwater port, including all components thereof; (E) the type and design of all components of the deepwater port and any storage facilities associated with the deepwater port; (F) with respect to construction in phases, a detailed description of each phase, including anticipated dates of completion for each of the specific components thereof; (G) the location and capacity of existing and proposed storage facilities and pipelines which will store or transport oil transported through the deepwater port, to the extent known by the applicant or any person required to be disclosed pursuant to subparagraphs (A), (B), or (C) of this paragraph; (H) with respect to any existing and proposed refineries which will receive oil transported through the deepwater port, the location and capacity of each such refinery and the anticipated volume of such oil to be refined by each such refinery, to the extent known by the applicant or any person required to be disclosed pursuant to subparagraphs (A), (B), or (C) of this paragraph; (I) the financial and technical capabilities of the applicant to construct or operate the deepwater port; (J) other qualifications of the applicant to hold a license under this Act; (K) a description of procedures to be used in constructing, operating, and maintaining the deepwater port, including systems of oil spill prevention, containment, and cleanup; and (L) such other information as may be required by the Secretary to determine the environmental impact of the proposed deepwater port. (d)(1) At the time notice of an application is published pursuant

Publication in Federal Register.

 to subsection (c) of this section, the Secretary shall publish a description in the Federal Register of an application area encompassing the deepwater port site proposed by such application and within which construction of the proposed deepwater port would eliminate, at the time such application was submitted, the need for any other deepwater port within that application area. 88 Stat. 2133 (2) As used in this section, “application area” means any reasonable

“Appliction area.”

 geographical area within which a deepwater port may be constructed and operated. Such application area shall not exceed a circular zone, the center of which is the principal point of loading and unloading at the port, and the radius of which is the distance from such point to the high water mark of the nearest adjacent coastal State. (3) The Secretary shall accompany such publication with a call for submission of any other applications for licenses for the ownership, construction, and operation of a deepwater port within the designated application area. Persons intending to file applications for such license shall submit a notice of intent to file an application with the Secretary not later than 60 days after the publication of notice pursuant to subsection (c) of this section and shall submit the completed application no later than 90 days after publication of such notice. The Secretary shall publish notice of any such application received in accordance with subsection (c) of this section. No application for a license for the ownership, construction, and operation of a deepwater port within the designated application area for which a notice of intent to file was received after such 60-day period, or which is received after such 90-day period has elapsed, shall be considered until the application pending with respect to such application area have been denied pursuant to this Act. (e)(1) Not later than 30 days after the date of enactment of this

Recommendations to Secretary of Transportation.

 Act, the Secretary of the Interior, the Administrator of the Environmental Protection Agency, the Chief of Engineers of the United States Army Corps of Engineers, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of any other Federal departments or agencies having expertise concerning, or jurisdiction over, any aspect of the construction or operation of deepwater ports shall transmit to the Secretary written comments as to their expertise or statutory responsibilities pursuant to this Act or any other Federal law. (2) An application filed with the Secretary shall constitute an application for all Federal authorizations required for ownership, construction, and operation of a deepwater port. At the time notice of any application is published pursuant to subsection (c) of this section, the Secretary shall forward a copy of such application to those Federal agencies and departments with jurisdiction over any aspect of such ownership, construction, or operation for comment, review, or recommendation as to conditions and for such other action as may be required by law. Each agency or department involved shall review the application and, based upon legal considerations within its area of responsibility, recommend to the Secretary the approval or disapproval of the application not later than 45 days after the last public hearing on a proposed license for a designated application area. In any case in which the agency or department recommends disapproval, it shall set forth in detail the manner in which the application does not comply with any law or regulation within its area of responsibility and shall notify the Secretary how the application may be amended so as to bring it into compliance with the law or regulation involved. (f) For all timely applications covering a single application area,

Environmental impact statement.

 the Secretary, in cooperation with other involved Federal agencies and departments, shall, pursuant to section 102(2)(C) of the National Environmental Policy Act, prepare a single, detailed environmental

42 USC 4332.

 impact statement, which shall fulfill the requirement of all Federal agencies in carrying out their responsibilities pursuant to this Act to prepare an environmental impact statement. In preparing such statement the Secretary shall consider the criteria established under section 6 of this Act. 88 Stat. 2134 (g) A license may be issued, transferred, or renewed only after

Public notice and hearings.

 public notice and public hearings in accordance with this subsection. At least one such public hearing shall be held in each adjacent coastal State. Any interested person may present relevant material at any hearing. After hearings in each adjacent coastal State are concluded, if the Secretary determines that there exists one or more specific and material factual issues which may be resolved by a formal evidentiary hearing, at least one adjudicatory hearing shall be held in accordance with the provisions of section 554 of title 5, United States Code, in the District of Columbia. The record developed in any such adjudicatory hearing shall be basis for the Secretary’s decision to approve or deny a license. Hearings held pursuant to this subsection shall be consolidated insofar as practicable with hearings held by other agencies. All public hearings on all applications for any designated application area shall be consolidated and shall be concluded not later than 240 days after notice of the initial application has been published pursuant to section 5(c) of this Act. (h)(1) Each person applying for a license pursuant to this Act

Nonrefundable application fee.

 shall remit to the Secretary at the time the application is filed a non-refundable application fee established by regulation by the Secretary. In addition, an applicant shall also reimburse the United States and the appropriate adjacent coastal State for any additional costs incurred in processing an application. (2) Notwithstanding any other provision of this Act, an adjacent

State fees.

 coastal State may fix reasonable fees for the use of a deepwater port facility, and such State and any other State in which land-based facilities directly related to a deepwater port facility are located may set reasonable fees for the use of such land-based facilities. Fees may be fixed under authority of this paragraph as compensation for any economic cost attributable to the construction and operation of such deepwater port and such land-based facilities, which cannot be recovered under other authority of such State or political subdivision thereof, including, but not limited to, ad valorem taxes, and for environmental and administrative costs attributable to the construction and operation of such deepwater port and such land-based facilities. Fees under this paragraph shall not exceed such economic, environmental, and administrative costs of such State. Such fees shall be subject to the approval of the Secretary. As used in this paragraph, the term “land-based facilities directly related to a deepwater port facility” means the onshore tank farm and pipelines connecting such tank farm to the deepwater port facility.

Definition.

 (3) A licensee shall pay annually in advance the fair market rental

Fair market rental value, advance payment.

 value (as determined by the Secretary of the Interior) of the subsoil and seabed of the Outer Continental Shelf of the United States to be utilized by the deepwater port, including the fair market rental value of the right-of-way necessary for the pipeline segment of the port located on such subsoil and seabed. (i)(1) The Secretary shall approve or deny any application for a

Application approval.

 designated application area submitted pursuant to this Act not later than 90 days after the last public hearing on a proposed license for that area. (2) In the event more than one application is submitted for an

Priorities.

 application area, the Secretary, unless one of the proposed deepwater ports clearly best serves the national interest, shall issue a license according to the following order of priorities: (A) to an adjacent coastal State (or combination of States), any political subdivision thereof, or agency or instrumentality, including a wholly owned corporation of any such government; 88 Stat. 2135 (B) to a person who is neither (i) engaged in producing, refining, or marketing oil, nor (ii) an affiliate of any person who is engaged in producing, refining, or marketing oil or an affiliate of any such affiliate; (C) to any other person. (3) In determining whether any one proposed deepwater port clearly best serves the national interest, the Secretary shall consider the following factors: (A) the degree to which the proposed deepwater ports affect the environment, as determined under criteria established pursuant to section 6 of this Act; (B) any significant differences between anticipated completion dates for the proposed deepwater ports; and (C) any differences in costs of construction and operation of the proposed deepwater ports, to the extent that such differential may significantly affect the ultimate cost of oil to the consumer.
environmental review criteria Sec. 6. (a) The Secretary, in accordance with the recommendations

33 USC 1505.

 of the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration and after consultation with any other Federal departments and agencies having jurisdiction over any aspect of the construction or operation of a deepwater port, shall establish, as soon as practicable after the date of enactment of this Act, environmental review criteria consistent with the National Environmental Policy Act. Such criteria shall be used to evaluate a deepwater port as proposed in an application, including—

42 USC 4321 note.

 (1) the effect on the marine environment; (2) the effect on oceanographic currents and wave patterns; (3) the effect on alternate uses of the oceans and navigable waters, such as scientific study, fishing, and exploitation of other living and nonliving resources; (4) the potential dangers to a deepwater port from waves, winds, weather, and geological conditions, and the steps which can be taken to protect against or minimize such dangers; (5) effects of land-based developments related to deepwater port development; (6) the effect on human health and welfare; and (7) such other considerations as the Secretary deems necessary or appropriate. (b) The Secretary shall periodically review and, whenever necessary, revise in the same manner as originally developed, criteria established pursuant to subsection (a) of this section. (c) Criteria established pursuant to this section shall be developed concurrently with the regulations in section 5(a) of this Act and in accordance with the provisions of that subsection.
antitrust review Sec. 7. (a) The Secretary shall not issue, transfer, or renew any

33 USC 1506.

 license pursuant to section 4 of this Act unless he has received the opinions of the Attorney General of the United States and the Federal Trade Commission as to whether such action would adversely affect competition, restrain trade, promote monopolization, or otherwise create a situation in contravention of the antitrust laws. The issuance of a license under this Act shall not be admissible in any way as a 88 Stat. 2136 defense to any civil or criminal action for violation of the antitrust laws of the United States, nor shall it in any way modify or abridge any private right of action under such laws. (b)(1) Whenever any application for issuance, transfer, substantial

Application, submittal to Attorney General and Fenderal Trade Commission.

Report, submittal to Secretary of Transportation.

 change in, or renewal of any license is received, the Secretary shall transmit promptly to the Attorney General and the Federal Trade Commission a complete copy of such application. Within 45 days following the last public hearing, the Attorney General and the Federal Trade Commission shall each prepare and submit to the Secretary a report assessing the competitive effects which may result from issuance of the proposed license and the opinions described in subsection (a) of this section. If either the Attorney General or the Federal Trade Commission, or both, fails to file such views within such period, the Secretary shall proceed as if he had received such views. (2) Nothing in this section shall be construed to bar the Attorney General or the Federal Trade Commission from challenging any anticompetitive situation involved in the ownership, construction, or operation of a deepwater port. (3) Nothing contained in this section shall impair, amend, broaden, or modify any of the antitrust laws.
common carrier status Sec. 8. (a) For the purpose of chapter 39 of title 18, United States

33 USC 1507.

 Code (18 U.S.C. 831–837), and part I of the Interstate Commerce Act (49 U.S.C. 1–27), a deepwater port and storage facilities serviced directly by such deepwater port shall be subject to regulation as a common carrier in accordance with the Interstate Commerce Act, as amended. (b) A licensee under this Act shall accept, transport, or convey without discrimination all oil delivered to the deepwater port with respect to which its license is issued. Whenever the Secretary has reason to believe that a licensee is not operating a deepwater port, any storage facility or component thereof, in compliance with its obligations as a common carrier, the Secretary shall commence an appropriate proceeding before the Interstate Commerce Commission or he shall request the Attorney General to take appropriate steps to enforce such obligation and, where appropriate, to secure the imposition of appropriate sanctions. The Secretary may, in addition, proceed as provided in section 12 of this Act to suspend or terminate the license of any person so involved.
adjacent coastal states Sec. 9. (a)(1) The Secretary, in issuing notice of application pursuant

33 USC 1508.

 to section 5(c) of this Act, shall designate as an “adjacent coastal State” any coastal State which (A) would be directly connected by pipeline to a deepwater port as proposed in an application, or (B) would be located within 15 miles of any such proposed deepwater port. (2) The Secretary shall, upon request of a State, and after having received the recommendations of the Administrator of the National Oceanic and Atmospheric Administration, designate such State as an “adjacent coastal State” if he determines that there is a risk of damage to the coastal environment of such State equal to or greater than the risk posed to a State directly connected by pipeline to the proposed deepwater port. This paragraph shall apply only with respect to requests made by a State not later than the 14th day after the date of 88 Stat. 2137 publication of notice of an application for a proposed deepwater port in the Federal Register in accordance with section 5(c) of this Act. The Secretary shall make the designation required by this paragraph not later than the 45th day after the date he receives such a request from a State. (b)(1) Not later than 10 days after the designation of adjacent

Application, submittal to Governors of adjacent coastal States.

 coastal States pursuant to this Act, the Secretary shall transmit a complete copy of the application to the Governor of each adjacent coastal State. The Secretary shall not issue a license without the approval of the Governor of each adjacent coastal State. If the Governor fails to transmit his approval or disapproval to the Secretary not later than 45 days after the last public hearing on applications for a particular application area, such approval shall be conclusively presumed. If the Governor notifies the Secretary that an application, which would otherwise be approved pursuant to this paragraph, is inconsistent with State programs relating to environmental protection, land and water use, and coastal zone management, the Secretary shall condition the license granted so as to make it consistent with such State programs. (2) Any other interested State shall have the opportunity to make its views known to, and shall be given full consideration by, the Secretary regarding the location, construction, and operation of a deepwater port. (c) The Secretary shall not issue a license unless the adjacent coastal State to which the deepwater port is to be directly connected by pipeline has developed, or is making, at the time the application is submitted, reasonable progress toward developing an approved coastal zone management program pursuant to the Coastal Zone Management Act of 1972 in the area to be directly and primarily impacted

16 USC 1451 note.

 by land and water development in the coastal zone resulting from such deepwater port. For the purposes of this Act, a State shall be considered to be making reasonable progress if it is receiving a planning grant pursuant to section 305 of the Coastal Zone Management Act.

16 USC 1454.

 (d) The consent of Congress is given to two or more coastal States to negotiate and enter into agreements or compacts, not in conflict with any law or treaty of the United States, (1) to apply for a license for the ownership, construction, and operation of a deepwater port or for the transfer of such license, and (2) to establish such agencies, joint or otherwise, as are deemed necessary or appropriate for implementing and carrying out the provisions of any such agreement or compact. Such agreement or compact shall be binding and obligatory upon any State or party thereto without further approval by Congress.
marine environmental protection and navigational safety Sec. 10. (a) Subject to recognized principles of international law,

33 USC 1509.

 the Secretary shall prescribe by regulation and enforce procedures with respect to any deepwater port, including, but not limited to, rules governing vessel movement, loading and unloading procedures, designation and marking of anchorage areas, maintenance, law enforcement, and the equipment, training, and maintenance required (A) to prevent pollution of the marine environment, (B) to clean up any pollutants which may be discharged, and (C) to otherwise prevent or minimize any adverse impact from the construction and operation of such deepwater port. (b) The Secretary shall issue and enforce regulations with respect

Regulations.

 to lights and other warning devices, safety equipment, and other mat-88 Stat. 2138ters relating to the promotion of safety of life and property in any deepwater port and the waters adjacent thereto. (c) The Secretary shall mark, for the protection of navigation, any

Marking of components.

 component of a deepwater port whenever the licensee fails to mark such component in accordance with applicable regulations. The licensee shall pay the cost of such marking. (d)(1) Subject to recognized principles of international law and

Safety zones.

 after consultation with the Secretary of the Interior, the Secretary of Commerce, the Secretary of State, and the Secretary of Defense, the Secretary shall designate a zone of appropriate size around and including any deepwater port for the purpose of navigational safety. In such zone, no installations, structures, or uses will be permitted that are incompatible with the operation of the deepwater port. The Secretary shall by regulation define permitted activities within such zone. The Secretary shall, not later than 30 days after publication of notice pursuant to section 5(c) of this Act, designate such safety zone with respect to any proposed deepwater port. (2) In addition to any other regulations, the Secretary is authorized, in accordance with this subsection, to establish a safety zone to be effective during the period of construction of a deepwater port and to issue rules and regulations relating thereto.
international agreements Sec. 11. The Secretary of State, in consultation with the Secretary,

33 USC 1510.

 shall seek effective international action and cooperation in support of the policy and purposes of this Act and may formulate, present, or support specific proposals in the United Nations and other competent international organizations for the development of appropriate international rules and regulations relative to the construction, ownership, and operation of deepwater ports, with particular regard for measures that assure protection of such facilities as well as the promotion of navigational safety in the vicinity thereof.
suspension or termination of licenses Sec. 12.(a) Whenever a licensee fails to comply with any applicable

33 USC 1511.

 provision of this title or any applicable rule, regulation, restriction, or condition issued or imposed by the Secretary under the authority of this title, the Attorney General, at the request of the Secretary, may file an appropriate action in the United States district court nearest to the location of the proposed or actual deepwater port, as the case may be, or in the district in which the licensee resides or may be found, to— (1) suspend the license; or (2) if such failure is knowing and continues for a period of thirty days after the Secretary mails notification of such failure by registered letter to the licensee at his record post office address, revoke such license. No proceeding under this subsection is necessary if the license, by its terms, provides for automatic suspension or termination upon the occurrence of a fixed or agreed upon condition, event, or time. (b) If the Secretary determines that immediate suspension of the construction or operation of a deepwater port or any component thereof is necessary to protect public health or safety or to eliminate imminent and substantial danger to the environment, he shall order the licensee to cease or alter such construction or operation pending the completion of a judicial proceeding pursuant to subsection (a) of this section.
88 Stat. 2139
recordkeeping and inspection Sec. 13. (a) Each licensee shall establish and maintain such records,

33 USC 1512.

 make such reports, and provide such information as the Secretary, after consultation with other interested Federal departments and agencies, shall by regulation prescribe to carry out the provision of this Act. Such regulations shall not amend, contradict or duplicate regulations established pursuant to part I of the Interstate Commerce Act or any other law. Each licensee shall submit such reports and shall

49 USC 1.

 make such records and information available as the Secretary may request. (b) All United States officials, including those officials responsible for the implementation and enforcement of United States laws applicable to a deepwater port, shall at all times be afforded reasonable access to a deepwater port licensed under this Act for the purpose of enforcing laws under their jurisdiction or otherwise carrying out their responsibilities. Each such official may inspect, at reasonable times, records, files, papers, processes, controls, and facilities and may test any feature of a deepwater port. Each inspection shall be conducted with reasonable promptness, and such licensee shall be notified of the results of such inspection.
public access to information Sec. 14. (a) Copies of any communication, document, report, or

33 USC 1513.

 information transmitted between any official of the Federal Government and any person concerning a deepwater port (other than contracts referred to in section 5(c)(2)(B) of this Act) shall be made available to the public for inspection, and shall be available for the purpose of reproduction at a reasonable cost, to the public upon identifiable request, unless such information may not be publicly released under the terms of subsection (b) of this section. Except as provided in subsection (b) of this section, nothing contained in this section shall be construed to require the release of any information of the kind described in subsection (b) of section 552 of title 5, United States Code, or which is otherwise protected by law from disclosure to the public. (b) The Secretary shall not disclose information obtained by him

Information disclosure, prohibition.

 under this Act that concerns or relates to a trade secret, referred to in section 1905 of title 18, United States Code, or to a contract referred to in section 5(c)(2)(B) of this Act, except that such information may be disclosed, in a manner which is designed to maintain confidentiality— (1) to other Federal and adjacent coastal State government departments and agencies for official use, upon request; (2) to any committee of Congress having jurisdiction over the subject matter to which the information relates, upon request; (3) to any person in any judicial proceeding, under a court order formulated to preserve such confidentiality without impairing the proceedings; and (4) to the public in order to protect health and safety, after notice and opportunity for comment in writing or for discussion in closed session within fifteen days by the party to which the information pertains (if the delay resulting from such notice and opportunity for comment would not be detrimental to the public health and safety).
88 Stat. 2140
remedies Sec. 15. (a) Any person who willfully violates any provision of

Penalties.

33 USC 1514.

 this Act or any rule, order, or regulation issued pursuant thereto shall on conviction be fined not more than $25,000 for each day of violation or imprisoned for not more than 1 year, or both. (b) (1) Whenever on the basis of any information available to him the Secretary finds that any person is in violation of any provision of this Act or any rule, regulation, order, license, or condition thereof, or other requirements under this Act, he shall issue an order requiring such person to comply with such provision or requirement, or he shall bring a civil action in accordance with paragraph (3) of this subsection. (2) Any order issued under this subsection shall state with reasonable specificity the nature of the violation and a time for compliance, not to exceed thirty days, which the Secretary determines is reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. (3) Upon a request by the Secretary, the Attorney General shall commence a civil action for appropriate relief, including a permanent or temporary injunction or a civil penalty not to exceed $25,000 per day of such violation, for any violation for which the Secretary is authorized to issue a compliance order under paragraph (1) of this subsection. Any action under this subsection may be brought in the district court of the United States for the district in which the defendant is located or resides or is doing business, and such court shall have jurisdiction to restrain such violation, require compliance, or impose such penalty. (c) Upon a request by the Secretary, the Attorney General shall bring an action in an appropriate district court of the United States for equitable relief to redress a violation by any person of any provision of this Act, any regulation under this Act, or any license condition. The district courts of the United States shall have jurisdiction to grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, compensatory damages, and punitive damages. (d) Any vessel, except a public vessel engaged in noncommercial

Vessels, liability.

 activities, used in a violation of this Act or of any rule or regulation issued pursuant to this Act, shall be liable in rem for any civil penalty assessed or criminal fine imposed and may be proceeded against in any district court of the United States having jurisdiction thereof; but no vessel shall be liable unless it shall appear that one or more of the owners, or bareboat charterers, was at the time of the violation, a consenting party or privy to such violation.
citizen civil action Sec. 16. (a) Except as provided in subsection (b) of this section,

33 USC 1515.

 any person may commence a civil action for equitable relief on his own behalf, whenever such action constitutes a case or controversy— (1) against any person (including (A) the United States, and (B) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of any provision of this Act or any condition of a license issued pursuant to this Act; or (2) against the Secretary where there is alleged a failure of the Secretary to perform any act or duty under this Act which is not discretionary with the Secretary. Any action brought against 88 Stat. 2141 the Secretary under this paragraph shall be brought in the district court for the District of Columbia or the district of the appropriate adjacent coastal State. In suits brought under this Act, the district court shall have jurisdiction,

Jurisdiction.

 without regard to the amount in controversy or the citizenship of the parties, to enforce any provision of this Act or any condition of a license issued pursuant to this Act, or to order the Secretary to perform such act or duty, as the case may be. (b) No civil action may be commenced— (1) under subsection (a)(1) of this section— (A) prior to 60 days after the plaintiff has given notice of the violation (i) to the Secretary and (ii) to any alleged violator; or (B) if the Secretary or the Attorney General has commenced and is diligently prosecuting a civil or criminal action with respect to such matters in a court of the United States, but in any such action any person may intervene as a matter of right; or (2) under subsection (a)(2) of this section prior to 60 days after the plaintiff has given notice of such action to the Secretary. Notice under this subsection shall be given in such a manner as the Secretary shall prescribe by regulation. (c) In any action under this section, the Secretary or the Attorney General, if not a party, may intervene as a matter of right. (d) The Court, in issuing any final order in any action brought pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines that such an award is appropriate. (e) Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement or to seek any other relief.
judicial review Sec. 17. Any person suffering legal wrong, or who is adversely

33 USC 1516.

 affected or aggrieved by the Secretary’s decision to issue, transfer, modify, renew, suspend, or revoke a license may, not later than 60 days after any such decision is made, seek judicial review of such decision in the United States Court of Appeals for the circuit within which the nearest adjacent coastal State is located. A person shall be deemed to be aggrieved by the Secretary’s decision within the meaning of this Act if he— (A) has participated in the administrative proceedings before the Secretary (or if he did not so participate, he can show that his failure to do so was caused by the Secretary’s failure to provide the required notice); and (B) is adversely affected by the Secretary’s action.
liability Sec. 18. (a)(1) The discharge of oil into the marine environment

Oil discharge, prohibition.

33 USC 1517.

 from a vessel within any safety zone, from a vessel which has received oil from another vessel at a deepwater port, or from a deepwater port is prohibited. (2) The owner or operator of a vessel or the licensee of a deepwater

Penalty.

 port from which oil is discharged in violation of this subsection shall be assessed a civil penalty of not more than $10,000 for each violation. 88 Stat. 2142 No penalty shall be assessed unless the owner or operator or the

Notice and hearing.

 licensee has been given notice and opportunity for a hearing on such charge. Each violation is a separate offense. The Secretary of the Treasury shall withhold, at the request of the Secretary, the clearance required by section 4197 of the Revised Statutes of the United States, as amended (46 U.S.C. 91), of any vessel the owner or operator of which is subject to the foregoing penalty. Clearance may be granted in such cases upon the filing of a bond or other surety satisfactory to the Secretary. (b) Any individual in charge of a vessel or a deepwater port shall

Oil discharge, notification.

Penalty.

 notify the Secretary as soon as he has knowledge of a discharge of oil. Any such individual who fails to notify the Secretary immediately of such discharge shall, upon conviction, be fined not more than $10,000 or imprisoned for not more than 1 year, or both. Notification received pursuant to this subsection, or information obtained by the use of such notification, shall not be used against any such individual in any criminal case, except a prosecution for perjury or for giving a false statement. (c)(1) Whenever any oil is discharged from a vessel within any

Oil removal.

 safety zone, from a vessel which has received oil from another vessel at a deepwater port, or from a deepwater port, the Secretary shall remove or arrange for the removal of such oil as soon as possible, unless he determines such removal will be done properly and expeditiously by the licensee of the deepwater port or the owner or operator of the vessel from which the discharge occurs. (2) Removal of oil and actions to minimize damage from oil discharges shall, to the greatest extent possible, be in accordance with the National Contingency Plan for removal of oil and hazardous substances established pursuant to section 311(c)(2) of the Federal Water Pollution Control Act, as amended.

33 USC 1321.

 (3) Whenever the Secretary acts to remove a discharge of oil pursuant to this subsection, he is authorized to draw upon money available in the Deepwater Port Liability Fund established pursuant to subsection (f) of this section. Such money shall be used to pay promptly for all cleanup costs incurred by the Secretary in removing or in minimizing damage caused by such oil discharge. (d) Notwithstanding any other provision of law, except as provided

Liability.

 in subsection (g) of this section, the owner and operator of a vessel shall be jointly and severally liable, without regard to fault, for cleanup costs and for damages that result from a discharge of oil from such vessel within any safety zone, or from a vessel which has received oil from another vessel at a deepwater port, except when such vessel is moored at a deepwater port. Such liability shall not exceed $150 per gross ton or $20,000,000, whichever is lesser, except that if it can be shown that such discharge was the result of gross negligence or willful misconduct within the privity and knowledge of the owner or operator, such owner and operator shall be jointly and severally liable for the full amount of all cleanup costs and damages. (e) Notwithstanding any other provision of law, except as provided in subsection (g) of this section, the licensee of a deepwater port shall be liable, without regard to fault, for cleanup costs and damages that result from a discharge of oil from such deepwater port or from a vessel moored at such deepwater port. Such liability shall not exceed $50,000,000, except that if it can be shown that such damage was the result of gross negligence or willful misconduct within the privity and knowledge of the licensee, such licensee shall be liable for the full amount of all cleanup costs and damages. 88 Stat. 2143 (f)(1) There is established a Deepwater Port Liability Fund (hereinafter

Deepwater Port Liability Fund.

Establishment.

 referred to as the “Fund”) as a nonprofit corporate entity which may sue or be sued in its own name. The Fund shall be administered by the Secretary. (2) The Fund shall be liable, without regard to fault, for all cleanup costs and all damages in excess of those actually compensated pursuant to subsections (d) and (e) of this section. (3) Each licensee shall collect from the owner of any oil loaded

Fees.

 or unloaded at the deepwater port operated by such licensee, at the time of loading or unloading, a fee of 2 cents per barrel, except that (A) bunker or fuel oil for the use of any vessel, and (B) oil which was transported through the trans-Alaska pipeline, shall not be subject to such collection. Such collections shall be delivered to the Fund at such times and in such manner as shall be prescribed by the Secretary. Such collections shall cease after the amount of money in the Fund has reached $100,000,000, unless there are adjudicated claims against the Fund yet to be satisfied. Collection shall be resumed when the Fund is reduced below $100,000,000. Whenever the money in the Fund is less than the claims for cleanup costs and damages for which it is liable under this section, the Fund shall borrow the balance required to pay such claims from the United States Treasury at an interest rate determined by the Secretary of the Treasury. Costs of administration shall be paid from the Fund only after appropriation in an appropriation bill. All sums not needed for administration and the satisfaction of claims shall be prudently invested in income-producing securities issued by the United States and approved by the Secretary of the Treasury. Income from such securities shall be applied to the principal of the Fund. (g) Liability shall not be imposed under subsection (d) or (e) of

Liability.

 this section if the owner or operator of a vessel or the licensee can show that the discharge was caused solely by (1) an act of war, or (2) negligence on the part of the Federal Government in establishing and maintaining aids to navigation. In addition, liability with respect to damages claimed by a damaged party shall not be imposed under subsection (d), (e), or (f) of this section if the owner or operator of a vessel, the licensee, or the Fund can show that such damage was caused solely by the negligence of such party. (h)(1) In any case where liability is imposed pursuant to subsection (d) of this section, if the discharge was the result of the negligence of the licensee, the owner or operator of a vessel held liable shall be subrogated to the rights of any person entitled to recovery against such licensee. (2) In any case where liability is imposed pursuant to subsection (e) of this section, if the discharge was the result of the unseaworthiness of a vessel or the negligence of the owner or operator of such vessel, the licensee shall be subrogated to the rights of any person entitled to recovery against such owner or operator. (3) Payment of compensation for any damages pursuant to subsection (f)(2) of this section shall be subject to the Fund acquiring by subrogation all rights of the claimant to recover for such damages from any other person. (4) The liabilities established in this section shall in no way affect or limit any rights which the licensee, the owner, or operator of a vessel, or the Fund may have against any third party whose act may in any way have caused or contributed to a discharge of oil. (5) In any case where the owner or operator of a vessel or the licensee of a deepwater port from which oil is discharged acts to remove such oil in accordance with subsection (c)(1) of this section, such owner or 88 Stat. 2144 operator or such licensee shall be entitled to recover from the Fund the reasonable cleanup cost incurred in such removal if he can show that such discharge was caused solely by (A) an act of war or (B) negligence on the part of the Federal Government in establishing and maintaining aids to navigation. (i)(1) The Attorney General may act on behalf of any group of

Recovery of claims.

 damaged citizens he determines would be more adequately represented as a class in recovery of claims under this section. Sums recovered shall be distributed to the members of such group. If, within 90 days after a discharge of oil in violation of this section has occurred, the Attorney General fails to act in accordance with this paragraph, to sue on behalf of a group of persons who may be entitled to compensation pursuant to this section for damages caused by such discharge, any member of such group may maintain a class action to recover such damages on behalf of such group. Failure of the Attorney General to act in accordance with this subsection shall have no bearing on any class action maintained in accordance with this paragraph. (2) In any case where the number of members in the class exceeds

Notice, publication in Federal Register and newspapers.

 1,000, publishing notice of the action in the Federal Register and in local newspapers serving the areas in which the damaged parties reside shall be deemed to fulfill the requirement for public notice established by rule 23(c)(2) of the Federal Rules of Civil Procedure.

28 USC app.

 (3) The Secretary may act on behalf of the public as trustee of the natural resources of the marine environment to recover for damages to such resources in accordance with this section. Sums recovered shall be applied to the restoration and rehabilitation of such natural resources by the appropriate agencies of Federal or State government. (j)(1) The Secretary shall establish by regulation procedures for

Cleanup costs and damages, claims.

 the filing and payment of claims for cleanup costs and damages pursuant to this Act. (2) No claims for payment of cleanup costs or damages which are filed with the Secretary more than 3 years after the date of the discharge giving rise to such claims shall be considered. (3) Appeals from any final determination of the Secretary pursuant

Appeals.

 to this section shall be filed not later than 30 days after such determination in the United States Court of Appeals of the circuit within which the nearest adjacent coastal State is located. (k)(1) This section shall not be interpreted to preempt the field of liability or to preclude any State from imposing additional requirements or liability for any discharge of oil from a deepwater port or a vessel within any safety zone. (2) Any person who receives compensation for damages pursuant to this section shall be precluded from recovering compensation for the same damages pursuant to any other State or Federal law. Any person who receives compensation for damages pursuant to any other Federal or State law shall be precluded from receiving compensation for the same damages as provided in this section. (l) The Secretary shall require that any owner or operator of a vessel using any deepwater port, or any licensee of a deepwater port, shall carry insurance or give evidence of other financial responsibility in an amount sufficient to meet the liabilities imposed by this section. (m) As used in this section the term—

Definitions.

 (1) “cleanup costs” means all actual costs, including but not limited to costs of the Federal Government, of any State or local government, of other nations or of their contractors or subcontractors incurred in the (A) removing or attempting to remove, or (B) taking other measures to reduce or mitigate damages from, any oil discharged into the marine environment in violation of subsection (a)(1) of this section; 88 Stat. 2145 (2) “damages” means all damages (except cleanup costs) suffered by any person, or involving real or personal property, the natural resources of the marine environment, or the coastal environment of any nation, including damages claimed without regard to ownership of any affected lands, structures, fish, wildlife, or biotic or natural resources; (3) “discharge” includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping into the marine environment of quantities of oil determined to be harmful pursuant to regulations issued by the Administrator of the Environmental Protection Agency; and (4) “owner or operator” means any person owning, operating, or chartering by demise, a vessel. (n)(1) The Attorney General, in cooperation with the Secretary,

Study.

 the Secretary of State, the Secretary of the Interior, the Administrator of the Environmental Protection Agency, the Council on Environmental Quality, and the Administrative Conference of the United States, is authorized and directed to study methods and procedures for implementing a uniform law providing liability for cleanup costs and damages from oil spills from Outer Continental Shelf operations, deepwater ports, vessels, and other ocean-related sources. The study shall give particular attention to methods of adjudicating and settling claims as rapidly, economically, and equitably as possible. (2) The Attorney General shall report the results of his study

Report to Congress.

 together with any legislative recommendations to the Congress within 6 months after the date of enactment of this Act.
relationship to other laws Sec. 19. (a)(1) The Constitution, laws, and treaties of the United

33 USC 1518.

USC prec. title 1.

 States shall apply to a deepwater port licensed under this Act and to activities connected, associated, or potentially interfering with the use or operation of any such port, in the same manner as if such port were an area of exclusive Federal jurisdiction located within a State. Nothing in this Act shall be construed to relieve, exempt, or immunize any person from any other requirement imposed by Federal law, regulation, or treaty. Deepwater ports licensed under this Act do not possess the status of islands and have no territorial seas of their own. (2) Except as otherwise provided by this Act, nothing in this Act shall in any way alter the responsibilities and authorities of a State or the United States within the territorial seas of the United States. (b) The law of the nearest adjacent coastal State, now in effect or hereafter adopted, amended, or repealed, is declared to be the law of the United States, and shall apply to any deepwater port licensed pursuant to this Act, to the extent applicable and not inconsistent with any provision or regulation under this Act or other Federal laws and regulations now in effect or hereafter adopted, amended, or repealed. All such applicable laws shall be administered and enforced by the appropriate officers and courts of the United States. For purposes of this subsection, the nearest adjacent coastal State shall be that State whose seaward boundaries, if extended beyond 3 miles, would encompass the site of the deepwater port. (c) Except in a situation involving force majeure, a licensee of a deepwater port shall not permit a vessel, registered in or flying the flag of a foreign state, to call at, or otherwise utilize a deepwater port licensed under this Act unless (1) the foreign state involved, by specific agreement with the United States, has agreed to recognize the jurisdiction of the United States over the vessel and its personnel, in 88 Stat. 2146 accordance with the provisions of this Act, while the vessel is located within the safety zone, and (2) the vessel owner or operator has designated an agent in the United States for receipt of service of process in the event of any claim or legal proceeding resulting from activities of the vessel or its personnel while located within such a safety zone. (d) The customs laws administered by the Secretary of the Treasury

Customs laws, nonapplicability.

 shall not apply to any deepwater port licensed under this Act, but all foreign articles to be used in the construction of any such deepwater port, including any component thereof, shall first be made subject to all applicable duties and taxes which would be imposed upon or by reason of their importation if they were imported for consumption in the United States. Duties and taxes shall be paid thereon in accordance with laws applicable to merchandise imported into the customs territory of the United States. (e) The United States district courts shall have original jurisdiction

United States district courts, original jurisdiction.

 of cases and controversies arising out of or in connection with the construction and operation of deepwater ports, and proceedings with respect to any such case or controversy may be instituted in the judicial district in which any defendant resides or may be found, or in the judicial district of the adjacent coastal State nearest the place where the cause of action arose. (f) Section 4(a)(2) of the Act of August 7, 1953 (67 Stat. 462) is

43 USC 1333.

 amended by deleting the words “as of the effective date of this Act” in the first sentence thereof and inserting in lieu thereof the words “, now in effect or hereafter adopted, amended, or repealed”.
annual report by secretary to congress Sec. 20. Within 6 months after the end of each fiscal year, the

33 USC 1519.

 Secretary shall submit to the President of the Senate and the Speaker of the House of Representatives (1) a report on the administration of the Deepwater Port Act during such fiscal year, including all deepwater port development activities; (2) a summary of management, supervision, and enforcement activities; and (3) recommendations to

Recommendations to Congress.

 the Congress for such additional legislative authority as may be necessary to improve the management and safety of deepwater port development and for resolution of jurisdictional conflicts or ambiguities.
pipeline safety and operation Sec. 21. (a) The Secretary, in cooperation with the Secretary of the

33 USC 1520.

 Interior, shall establish and enforce such standards and regulations as may be necessary to assure the safe construction and operation of oil pipelines on the Outer Continental Shelf. (b) The Secretary, in cooperation with the Secretary of the Interior,

Report to Congress.

 is authorized and directed to report to the Congress within 60 days after the date of enactment of this Act on appropriations and staffing needed to monitor pipelines on Federal lands and the Outer Continental Shelf so as to assure that they meet all applicable standards for construction, operation, and maintenance. (c) The Secretary, in cooperation with the Secretary of the Interior,

Review.

 is authorized and directed to review all laws and regulations relating to the construction, operation, and maintenance of pipelines on Federal lands and the Outer Continental Shelf and to report to Congress

Report to Congress.

 thereon within 6 months after the date of enactment of this Act on administrative changes needed and recommendations for new legislation.
88 Stat. 2147
negotiations with canada and mexico Sec. 22. The President of the United States is authorized and

33 USC 1521.

 requested to enter into negotiations with the Governments of Canada and Mexico to determine: (1) the need for intergovernmental understandings, agreements, or treaties to protect the interests of the people of Canada, Mexico, and the United States and of any party or parties involved with the construction or operation of deepwater ports; and (2) the desirability of undertaking joint studies and investigations designed to insure protection of the environment and to eliminate any legal and regulatory uncertainty, to assure that the interests of the people of Canada, Mexico, and the United States are adequately met. The President shall report to the Congress the actions taken, the

Report to Congress.

 progress achieved, the areas of disagreement, and the matters about which more information is needed, together with his recommendations for further action.
public law 93–153 Sec. 23. Nothing in this Act shall be construed to amend, restrict,

33 USC 1522.

 or otherwise limit the application of section 28(u) of the Mineral Leasing Act of 1920, as amended by Public Law 93–153.

30 USC 185.
general procedures Sec. 24. The Secretary or his delegate shall have the authority to

33 USC 1523.

 issue and enforce orders during proceedings brought under this Act. Such authority shall include the authority to issue subpenas, administer oaths, compel the attendance and testimony of witnesses and the production of books, papers, documents, and other evidence, to take depositions before any designated individual competent to administer oaths, and to examine witnesses.
authorization for appropriations Sec. 25. There is authorized to be appropriated for administration

33 USC 1524.

 of this Act not to exceed $2,500,000 for the fiscal year ending June 30, 1975, not to exceed $2,500,000 for the fiscal year ending June 30, 1976, and not to exceed $2,500,000 for the fiscal year ending June 30, 1977.
Approved January 3, 1975.
Public Law 93–628: To amend title 10, United States Code, to enable the Naval Sea Cadet Corps and the Young Marines of the Marine Corps League to obtain, to the same extent as the Boy Scouts of America, obsolete and surplus naval material. Public Law 628 Public Law 93–628 1975-01-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–628
AN ACT To amend title 10, United States Code, to enable the Naval Sea Cadet Corps and the Young Marines of the Marine Corps League to obtain, to the same extent as the Boy Scouts of America, obsolete and surplus naval material.

January 3, 1975

[H. R. 11144]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) section

Naval Sea Cadet Corps and Young Marines.

 7541 of title 10, United States Code, is amended— (1) in the first sentence, by inserting immediately before the

Surplus naval material, recipients.

 period at the end thereof the following: “, to the Naval Sea Cadet Corps for the sea cadets, and to the Young Marines of the Marine Corps League for the young marines”; and (2) by striking out the second sentence and inserting in lieu thereof the following: “The cost of transportation and delivery of material given or sold under this section shall be charged to the Boy Scouts of America, to the Naval Sea Cadets, or to the Young 88 Stat. 2148 Marines of the Marine Corps League, as the case may be.”. (b) The catchline and the chapter analysis item for section 7541 are amended by inserting immediately after “Boy Scouts of America” the following: “Naval Sea Cadet Corps and Young Marines of the Marine Corps League.”
Sec. 2. The amendments made by the first section shall take effect

Effective date.

10 USC 7541 note.

 on the date of the enactment of this Act.
Approved January 3, 1975.
Public Law 93–629: To provide for the control and eradication of noxious weeds, and the regulation of the movement in interstate or foreign commerce of noxious weeds and potential carriers thereof, and for other purposes. Public Law 629 Public Law 93–629 1975-01-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–629
AN ACT To provide for the control and eradication of noxious weeds, and the regulation of the movement in interstate or foreign commerce of noxious weeds and potential carriers thereof, and for other purposes.

January 3, 1975

[H.R. 11273]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Federal Noxious Weed Act of 1974.

7 USC 2801 note.

 be cited as the “Federal Noxious Weed Act of 1974”.
Sec. 2. The importation or distribution in interstate commerce of

7 USC 2801.

 noxious weeds, except under controlled conditions, allows the growth and spread of such weeds which interfere with the growth of useful plants, clog waterways and interfere with navigation, cause disease, or have other adverse effects upon man or his environment and therefore is detrimental to the agriculture and commerce of the United States and to the public health. The uncontrolled distribution within the United States of noxious weeds after their importation or interstate distribution has like detrimental effects and allowing such distribution encourages and facilitates the burdening and obstructing of interstate and foreign commerce, and is inimical to the public interest. Accordingly, the Congress hereby determines that the regulation of transactions in, and movement of, noxious weeds as provided in this Act is necessary to prevent and eliminate burdens upon and obstructions to interstate and foreign commerce and to protect the public welfare.
Sec. 3. As used in this Act, except where the context otherwise

Definitions.

7 USC 2802.

 requires: (a) “Secretary” means the Secretary of Agriculture of the United States or any other person to whom authority may be delegated to act in his stead. (b) “Authorized inspector” means any employee of the Department of Agriculture, or any employee of any other agency of the Federal Government or of any State or other governmental agency which is cooperating with the Department in administration of any provisions of this Act, who is authorized by the Secretary to perform assigned duties under this Act. (c) “Noxious weed” means any living stage (including but not limited to, seeds and reproductive parts) of any parasitic or other plant of a kind, or subdivision of a kind, which is of foreign origin, is new to or not widely prevalent in the United States, and can directly or indirectly injure crops, other useful plants, livestock, or poultry or other interests of agriculture, including irrigation, or navigation or the fish or wildlife resources of the United States or the public health. (d) “United States” means any of the States, territories, or districts of the United States. (e) “Interstate” means from any State, territory, or district of the United States into or through any other State, territory, or district. (f) “District” means the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States. (g) “Move” means deposit for transmission in the mails, ship, offer 88 Stat. 2149 for shipment, offer for entry, import, receive for transportation, carry, or otherwise transport or move, or allow to be moved, by mail or otherwise.
Sec. 4. (a) No person shall knowingly move any noxious weed, identified

Prohibitions.

7 USC 2803.

 in a regulation promulgated by the Secretary, into or through the United States or interstate, unless such movement is authorized under general or specific permit from the Secretary and is made in accordance with such conditions as the Secretary may prescribe in the permit and in such regulations as he may promulgate under this Act to prevent the dissemination into the United States, or interstate, of such noxious weeds. (b) The Secretary may refuse to issue a permit for the movement of any such noxious weed when, in his opinion, such movement would involve a danger of dissemination of such noxious weeds into the United States or interstate. (c) No person shall knowingly sell, purchase, barter, exchange, give, or receive any such noxious weed which has been moved in violation of subsection (a), or knowingly deliver or receive for transportation or transport, in interstate or foreign commerce, any advertisement to sell, purchase, barter, exchange, give, or receive any such noxious weed which is prohibited from movement in such commerce under this Act.
Sec. 5. (a) The Secretary may promulgate such quarantines and

Quarantines and regulations.

7 USC 2804.

 other regulations requiring inspection of products and articles of any character whatsoever and means of conveyance, specified in the regulations, as a condition of their movement into or through the United States and otherwise restricting or prohibiting such movement, as he deems necessary to prevent the dissemination into the United States of any noxious weeds, and it shall be unlawful for any person to move any products, articles, or means of conveyance into or through the United States contrary to any such regulation. (b) Whenever the Secretary has reason to believe that an infestation

Temporary quarantine.

 of noxious weeds exists in any State, territory, or district, he may by regulation temporarily quarantine such jurisdiction, or a portion thereof, and by regulation may restrict or prohibit the interstate movement from the quarantined area of any products and articles of any character whatsoever and means of conveyance, capable of carrying such noxious weeds, and after promulgation of such quarantine and other regulations, it shall be unlawful for any person to move interstate from a quarantined area any such products, articles, or means of conveyance, specified in the regulations, except in accordance with such regulations: Provided, however, That such quarantine and regulations

Expiration.

 shall expire at the close of the ninetieth day after their promulgation. (c) However, if, after public hearing, the Secretary determines, on

Hearing.

 the basis of the information received at the hearing and other information available to him, that such a quarantine and regulations are necessary in order to prevent the interstate spread of noxious weeds from any State, territory, or district in which he determines an infestation of noxious weeds exists, and to protect the agriculture, commerce, fish, or wildlife resources of the United States or the public health, he shall promulgate such quarantine and other regulations as he determines are appropriate for such purposes, and thereafter it shall be unlawful for any person to move interstate from any quarantined area any regulated products, articles, or means of conveyance except in accordance with such regulations.
Sec. 6. (a) Except as provided in paragraph (c) of this section,

Disposal.

7 USC 2805.

 the Secretary may, whenever he deems it necessary as an emergency measure in order to prevent the dissemination of any noxious weed, seize, quarantine, treat, destroy, or otherwise dispose of, in such manner as he deems appropriate, any product or article of any char-88 Stat. 2150acter whatsoever, or means of conveyance, which is moving into or through the United States or interstate, in bond or otherwise, and which he has reason to believe is infested by any noxious weed or contains any such weed, or which has moved into the United States, or interstate, and which he has reason to believe was infested by or contained any noxious weed at the time of such movement; and any noxious weed, product, article, or means of conveyance which is moving into or through the United States, or interstate, or has moved into the United States, or interstate, in violation of this Act or any regulation hereunder. (b) Except as provided in subsection (c) of this section, the Secretary may order the owner of any product, article, means of conveyance, or noxious weed subject to disposal under subsection (a) of this section, or his agent, to treat, destroy, or make other disposal of such product, article, means of conveyance, or noxious weed, without cost to the Federal Government and in such manner as the Secretary deems appropriate. The Secretary may apply to the United States District Court, or to the United States court of any territory or possession, for the judicial district in which such person resides or transacts business or in which the product, article, means of conveyance, or noxious weed is found, for enforcement of such order by injunction, mandatory or otherwise. Process in any such case may be served in any judicial district wherein the defendant resides or transacts business or may be found, and subpenss for witnesses who are required to attend a court in any judicial district in such a case may run to any other judicial district. (c) No product, article, means of conveyance, or noxious weed shall be destroyed, exported, or returned to shipping point of origin, or ordered to be destroyed, exported, or so returned under this section, unless in the opinion of the Secretary there is no less drastic action which would be adequate to prevent the dissemination of noxious weeds into the United States or interstate. (d) The owner of any product, article, means of conveyance, or

Civil action.

 noxious weed destroyed, or otherwise disposed of, by the Secretary under this section, may bring an action against the United States in the United States District Court for the District of Columbia, within one year after such destruction or disposal, and recover just compensation for such destruction or disposal of such product, article, means of conveyance, or noxious weed (not including compensation for loss due to delays incident to determining its eligibility for movement under this Act) if the owner establishes that such destruction or disposal was not authorized under this Act. Any judgment rendered in favor of such owner shall be paid out of the money in the Treasury appropriated for administration of this Act.
Sec. 7. Any authorized inspector, when properly identified, shall

Authorized inspectors.

7 USC 2806.

 have authority (a) without a warrant, to stop any person or means of conveyance moving into the United States, and inspect any noxious weeds and any products and articles of any character whatsoever, carried thereby, and inspect such means of conveyance, to determine whether such person or means of conveyance is moving any noxious weed, product, article, or means of conveyance contrary to this Act or any regulation under this Act; (b) without a warrant, to stop any person or means of conveyance moving through the United States or interstate, and inspect any noxious weeds and any products and articles of any character whatsoever carried thereby, and inspect such means of conveyance, to determine whether such person or means of conveyance is moving any noxious weed, product, article, or means of conveyance contrary to this Act or any regulation thereunder, if such inspector has probable cause to believe that such person or means of conveyance is moving any noxious weed regulated under this Act; and (c) to 88 Stat. 2151 enter, with a warrant, any premises in the United States, for purposes of any inspections or other actions necessary under this Act. Any judge

Warrants, issuance.

 of the United States or of a court of record of any State, territory, or district, or a United States commissioner, may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause to believe that there are on certain premises any products, articles, means of conveyance, or noxious weeds subject to this Act, issue warrants for the entry of such premises for purposes of any inspection or other action necessary under this Act, except as otherwise provided in section 9 of this Act. Such warrants may be executed by any authorized inspector or any United States marshal.
Sec. 8. Any person who knowingly violates section 4 or 5 of this

Penalty.

7 USC 2807.

 Act, or any regulation promulgated under this Act, shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $5,000, or by imprisonment not exceeding one year, or both.
Sec. 9. (a) The Secretary is authorized to cooperate with other

Federal agencies, cooperation.

7 USC 2808.

 Federal agencies, agencies of States, territories, or districts, or political subdivisions thereof, farmers’ associations, and similar organizations, and individuals in carrying out operations or measures in the United States to eradicate, suppress, control, or prevent or retard the spread of any noxious weed. The Secretary is authorized to appoint employees of other agencies of the Federal Government or any agencies of any State, territory, or district, or political subdivisions thereof, as collaborators to assist in administration of the provisions of this Act, pursuant to cooperative agreements with such agencies, whenever he determines that such appointments would facilitate administration of this Act. (b) In performing the operations or measures authorized by subsection (a) of this section, the cooperating State or other governmental agency shall be responsible for the authority necessary to carry out the operations or measures on all lands and properties within the State or other jurisdiction involved, other than those owned or controlled by the United States Government, and for such other facilities and means as in the discretion of the Secretary are necessary.
Sec. 10. The Secretary is authorized to promulgate regulations necessary

Regulations.

7 USC 2809.

 to effectuate the provisions of this Act. However, any regulation identifying a noxious weed under section 4 of this Act shall be promulgated only after publication of a notice of the proposed regulation and, when requested by any interested person, a public hearing on the

Hearing.

 proposal. Any such regulation shall be based upon the information received at any such hearing and other information available to the Secretary and a determination by the Secretary that the plant is within the definition of a noxious weed in section 3(c) of this Act and that its dissemination in the United States may reasonably be expected to have, to a serious degree, any effect specified in section 3(c).
Sec. 11. There are hereby authorized to be appropriated such sums as

Appropriation.

7 USC 2810.

 Congress may from time to time determine to be necessary for the administration of this Act. Any sums so appropriated shall be available for expenditures for the purchase, hire, maintenance, operation, and exchange of aircraft and other means of conveyance, and for such other expenses as may be necessary to carry out the purposes of this Act. However, unless specifically authorized in other legislation or provided for in appropriations, no part of such sums shall be used to pay the cost or value of property injured or destroyed under section 9 of this Act.
88 Stat. 2152
Sec. 12. The provisions of this Act shall not apply to shipments of

Nonapplicability.

7 USC 2811.

 seed subject to the Federal Seed Act (53 Stat. 1275, as amended; 7 U.S.C. 1551 et seq.) and this Act shall not amend or repeal any of the provisions of said Act or of the Plant Quarantine Act of August 20, 1912 (37 Stat. 315, as amended; 7 U.S.C. 151–154, 156–164a, 167), the Federal Plant Pest Act (71 Stat. 31; 7 U.S.C. 150aa–150jj), or any other Federal laws.
Sec. 13. The provisions of this Act shall not invalidate the provisions

7 USC 2812.

 of the laws of any State or political subdivision thereof, or of any territory or district of the United States relating to noxious weeds, except that no such jurisdiction may permit any action that is prohibited under this Act.
Sec. 14. If any provision of this Act or the application thereof to

Separability.

7 USC 2813.

 any person or circumstances is held invalid, the remainder of the Act and the application of such provision to other persons and circumstances shall not be affected thereby.
Approved January 3, 1975.
Public Law 93–630: To provide for the duty-free entry of a 3.60 meter telescope and associated articles for the use of the Canada-France-Hawaii Telescope Project at Mauna Kea, Hawaii. Public Law 630 Public Law 93–630 1975-01-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–630
AN ACT To provide for the duty-free entry of a 3.60 meter telescope and associated articles for the use of the Canada-France-Hawaii Telescope Project at Mauna Kea, Hawaii.

January 3, 1975

[H. R. 11796]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) the Secretary

Telescope and articles for the Canada-France-Hawaii Telescope Project.

Duty-free entry.

 of the Treasury is authorized and directed to admit free of duty imported articles required by the Canada-France-Hawaii Telescope Project to complete the installation on Mauna Kea, Hawaii, of an optical telescope of 3.60 meters diameter, and the laboratories, equipment, and installations necessary for its operation, as provided for in a memorandum of understanding, signed at Ottawa on October 25, 1973, among the Centre National de la Recherche Scientifique of France, the National Research Council of Canada, and the University of Hawaii. (b) The admission free of duty provided for in subsection (a) shall be accorded to any article imported by or for the account of the Canada-France-Hawaii Telescope Project if such article is certified by the Executive Director or the Associate Executive Director of the Canada-France-Hawaii Telescope Corporation as being required for the completion of the project in accordance with the memorandum of understanding referred to in subsection (a).
Sec. 2. (a) The provisions of the first section of this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption, on or before June 30, 1980. (b) Upon appropriate request therefore filed by the Executive Director or the Associate Executive Director of the Canada-France-Hawaii Telescope Corporation with the customs officer concerned on or before the one hundred and twentieth day after the date of the enactment of this Act, the entry or withdrawal of any article described in the first section of this Act which was made before the date of the enactment of this Act shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 or any other provision of law, be liquidated

19 USC 1514.

 or reliquidated in accordance with the provisions of such first section.
Approved January 3, 1975.
Public Law 93–631: Designating the Laneport Dam and Lake on the San Gabriel River as the “Granger Dam and Lake”. Public Law 631 Public Law 93–631 88 Stat. 2153 1975-01-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 2153 Public Law 93–631
AN ACT Designating the Laneport Dam and Lake on the San Gabriel River as the “Granger Dam and Lake”.

January 3, 1975

[H. R. 11802]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Laneport

Laneport Dam and Lake, San Gabriel River, Tex.

Name change.

68 Stat. 1256.

 Dam and Lake on the San Gabriel River near Granger, Texas, authorized by the Flood Control Act of 1954, shall hereafter be known as the Granger Dam and Lake, and any law, regulation, document, or record of the United States in which such project is designated or referred to shall be held to refer to such project under and by the name of “Granger Dam and Lake”.
Approved January 3, 1975.
Public Law 93–632: To designate certain lands as wilderness. Public Law 632 Public Law 93–632 1975-01-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–632
AN ACT To designate certain lands as wilderness.

January 3, 1975

[H.R. 12884]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Wilderness areas.

Designation.
designation of wilderness areas within the national wildlife refuge system Section 1. That in accordance with subsection (c) of section 3 of the

16 USC 1132.

 Wilderness Act (78 Stat. 890, 892), the following lands are hereby designated as wilderness and, therefore, as components of the national wilderness preservation system: (a) certain lands in the Chamisso National Wildlife Refuge,

Chamisso.

 Alaska, which comprise approximately four hundred and fifty-five acres, which are depicted on a map entitled “Chamisso Wilderness Proposal”, dated November 1969, and which shall be known as the Chamisso Wilderness; (b) certain lands in the National Key Deer Refuge, Great

Florida Keys.

 White Heron National Wildlife Refuge, and the Key West National Wildlife Refuge, Florida, which comprise approximately four thousand seven hundred and forty acres, which are depicted on a map entitled “Florida Keys Wilderness—Proposed”, dated August 1969, and which shall be known as the Florida Keys Wilderness; (c) certain lands in the St. Marks Wildlife Refuge, Florida,

St. Marks.

 which comprise approximately seventeen thousand seven hundred and forty-six acres, which are depicted on a map entitled “St. Marks Wilderness Proposal—Florida”, dated September 1971, revised December 1971, and which shall be known as the St. Marks Wilderness; (d) certain lands in the Blackbeard Island National Wildlife

Blackbeard Island.

 Refuge, Georgia, which comprise approximately three thousand acres, which are depicted on a map entitled “Blackbeard Island Wilderness—Proposed”, dated December 1971, and which shall be known as the “Blackbeard Island Wilderness”; (e) certain lands in the Wolf Island National Wildlife Refuge,

Wolf Island.

 Georgia, which comprise approximately five thousand one hundred and twenty-six acres, which are depicted on a map entitled “Wolf Island Wilderness Proposal”, dated March 1971, revised March 1973, further revised March 1974, and which shall be known as the Wolf Island Wilderness; 88 Stat. 2154 (f) certain lands in the Breton National Wildlife Refuge,

Breton.

 Louisiana, which comprise approximately five thousand acres, which are depicted on a map entitled “Breton Wilderness—Proposed”, dated December 1970, revised January 1974, and which shall be known as the Breton Wilderness; (g) certain lands in the Mooschorn National Wildlife Refuge,

Moosehorn.

 Maine, which comprise approximately four thousand seven hundred and nineteen acres and which are depicted on a map entitled “Mooschorn Wilderness (Baring Unit)—Proposed”, dated September 1971, revised December 1971, further revised September 1974, and which shall be known as the Mooschorn Wilderness (Baring Unit); (h) certain lands in the Brigantine National Wildlife Refuge,

Brigantine.

 New Jersey, which comprise approximately six thousand six hundred and three acres, which are depicted on the map entitled “Brigantine Wilderness—Proposed”, dated August 1971, revised September 1974, and which shall be known as the Brigantine Wilderness; (i) certain lands in the Bosque del Apache National Wildlife

Bosque del Apache.

 Refuge, New Mexico, which comprise approximately thirty thousand eight hundred and fifty acres, which are depicted on a map entitled “Bosque del Apache Wilderness—Proposed”, dated July 1971, revised September 1974, and which shall be known as Bosque del Apache Wilderness; (j) certain lands in the Chase Lake National Wildlife Refuge,

Chase Lake.

 North Dakota, which comprise approximately four thousand one hundred and fifty-five acres, which are depicted on the map entitled “Chase Lake Wilderness—Proposed”, dated September 1971, and which shall be known as the Chase Lake Wilderness; (k) certain lands in the Lostwood National Wildlife Refuge,

Lostwood.

 North Dakota, which comprise approximately five thousand five hundred and seventy-seven acres, which are depicted on a map entitled “Lostwood Wilderness Proposal”, dated August 1971, and which shall be known as the Lostwood Wilderness; (l) all lands in the West Sister Island National Wildlife

West Sister Island.

 Refuge, Ohio, which comprise approximately eighty-five acres, which are depicted on a map entitled “Proposed West Sister Island Wilderness”, dated October 1969, and which shall be known as the West Sister Island Wilderness; and (m) certain lands in the Cape Romain National Wildlife

Cape Romain.

 Refuge, South Carolina, which comprise approximately twenty-eight thousand acres, which are depicted on a map entitled “Cape Romain Wilderness Proposal”, dated January 1971, and which shall be known as the Cape Romain Wilderness.
designation of wilderness areas within the national forest system Sec. 2. In accordance with subsection 3(b) of the Wilderness Act (78 Stat. 891; 16 U.S.C. 1132) the following areas are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System: (a) The area in the Cleveland National Forest in California

Agua Tibia.

 classified as the Agua Tibia Primitive Area, with deletions therefrom, which area comprises approximately sixteen thousand nine hundred and seventy-one acres, is generally depicted on a map entitled “Agua Tibia Wilderness—Proposed”, dated July 1974, and shall be known as the Agua Tibia Wilderness. (b) The area in the Stanislaus National Forest in California

Emigrant.

 classified as the Emigrant Basin Primitive Area, with additions thereto and deletions therefrom, which area comprises approxi-88 Stat. 2155mately one hundred and six thousand nine hundred and ten acres, is generally depicted on a map entitled “Emigrant Wilderness—Proposed, 1970” on file in the Office of the Chief, Forest Service, Department of Agriculture, and shall be known as the Emigrant Wilderness. The area commonly called the Cherry Creek exclusion,

Cherry Creek exclusion, review.

 depicted on such map as Exclusion 2 and comprising approximately six thousand and forty-two acres, shall, in accordance with the provisions of subsection 3(d) of the Wilderness Act, be

16 USC 1132.

 reviewed by the Secretary of Agriculture as to its suitability or nonsuitability for preservation as wilderness in conjunction with his review of the potential addition to the Hoover Wilderness in Toiyabe National Forest. The recommendations of the President

Recommendations to Congress.

 to the Congress on the potential addition to the Hoover Wilderness shall be accompanied by the President’s recommendations on the Cherry Creek exclusion. The previous classification of the Emigrant Basin Primitive Area is hereby abolished with the exception of said Exclusion 2. (c) The area classified as the San Juan and Upper Rio Grande

Weminuche.

 Primitive Areas, with the proposed additions thereto and deletions therefrom, as generally depicted on a map entitled “Wemimiche Wilderness—Proposed”, dated December 1974, which is on file and available for public inspection in the office of the Chief, Forest Service, Department of Agriculture, is hereby designated as the Wemimiche Wilderness within and as part of the Rio Grande and San Juan National Forests comprising an area of approximately four hundred five thousand thirty-one acres. (d) The area in the Flathead National Forest in Montana classified

Mission Mountains.

 as the Mission Mountains Primitive Area, with an addition thereto, which area comprises approximately seventy-five thousand five hundred and eighty-eight acres, is depicted on a map entitled “Mission Mountains Wilderness Area—Proposed”, dated July 1974, and shall be known as the Mission Mountains Wilderness.
administrative provisions Sec. 3. Except as otherwise provided in this Act, all primitive area

Certain primitive area classifications, abolishment.

 classifications of areas herein designated wilderness are hereby abolished.
Sec. 4. As soon as practicable after this Act takes effect, a map and

Maps and descriptions, filing with congressional committees.

 a legal description of each wilderness area shall be filed with the Interior and Insular Affairs Committees of the United States Senate and the House of Representatives, and such description shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typographical errors in such legal description and map may be made.
Sec. 5. Wilderness areas designated by this Act shall be administered

Administration.

 in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness areas, except that any reference in such provisions to the effective date of the Wilderness Act

16 USC 1131 note.

 shall be deemed to be a reference to the effective date of this Act, and any references to the Secretary of Agriculture shall be deemed to be a reference to the Secretary who has administrative jurisdiction over the area.
Approved January 3, 1975.
Public Law 93–633: To regulate commerce by improving the protections afforded the public against risks connected with the transportation of hazardous materials, and for other purposes. Public Law 633 Public Law 93–633 88 Stat. 2156 1975-01-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 2156 Public Law 93–633
AN ACT To regulate commerce by improving the protections afforded the public against risks connected with the transportation of hazardous materials, and for other purposes.

January 3, 1975

[H.R. 15223]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Transportation Safety Act of 1974.

49 USC 1801 note.

 be cited as the “Transportation Safety Act of 1974”.
<num value="I">TITLE I—</num><heading class="inline">HAZARDOUS MATERIALS<sidenote><p class="indent0 firstIndent1 fontsize8">Hazardous Materials Transportation Act.</p></sidenote></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">short title</inline></heading> <num value="101"><inline class="smallCaps">Sec.</inline> 101.</num> <content>This title may be cited as the “<shortTitle role="title">Hazardous Materials Transportation <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1801">49 USC 1801</ref> note.</p></sidenote> Act</shortTitle>”.</content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">declaration of policy</inline></heading> <num value="102"><inline class="smallCaps">Sec.</inline> 102.</num> <content>It is declared to be the policy of Congress in this title to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1801">49 USC 1801.</ref></p></sidenote> improve the regulatory and enforcement authority of the Secretary of Transportation to protect the Nation adequately against the risks to life and property which are inherent in the transportation of hazardous materials in commerce.</content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">definitions</inline></heading> <num value="103"><inline class="smallCaps">Sec.</inline> 103.</num> <chapeau>As used in this title, the term—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1802">49 USC 1802.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>“commerce” means trade, traffic, commerce, or transportation, within the jurisdiction of the United States, (A) between a place in a State and any place outside of such State, or (B) which affects trade, traffic, commerce, or transportation described in clause (A);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>“hazardous material” means a substance or material in a quantity and form which may pose an unreasonable risk to health and safety or property when transported in commerce;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>“Secretary” means the Secretary of Transportation, or his delegate;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>“serious harm” means death, serious illness, or severe personal injury;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>“State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, or Guam;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>“transports” or “transportation” means any movement of property by any mode, and any loading, unloading, or storage incidental thereto; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>“United States” means all of the States.</content></paragraph></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">designation of hazardous materials</inline></heading> <num value="104"><inline class="smallCaps">Sec.</inline> 104.</num> <content>Upon a finding by the Secretary, in his discretion, that the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1803">49 USC 1803.</ref></p></sidenote> transportation of a particular quantity and form of material in commerce may pose an unreasonable risk to health and safety or property, he shall designate such quantity and form of material or group or class of such materials as a hazardous material. The materials so designated may include, but are not limited to, explosives, radioactive materials, etiologic agents, flammable liquids or solids, combustible liquids or solids, poisons, oxidizing or corrosive materials, and compressed gases.</content></section> <page identifier="/us/stat/88/2157">88 <inline class="smallCaps">Stat.</inline> 2157</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">regulations governing transportation of hazardous materials</inline></heading> <num value="105"><inline class="smallCaps">Sec.</inline> 105.</num> <subsection class="inline"><num value="a">(a)</num> <heading><inline class="smallCaps">General.</inline>—</heading><content class="inline">The Secretary may issue, in accordance <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1804">49 USC 1804.</ref></p></sidenote> with the provisions of section 553 of title 5, United States Code, including an opportunity for informal oral presentation, regulations for the safe transportation in commerce of hazardous materials. Such regulations shall be applicable to any person who transports, or causes to be transported or shipped, a hazardous material, or who manufactures, fabricates, marks, maintains, reconditions, repairs, or tests a package or container which is represented, marked, certified, or sold by such person for use in the transportation in commerce of certain hazardous materials. Such regulations may govern any safety aspect of the transportation of hazardous materials which the Secretary deems necessary or appropriate, including, but not limited to, the packing, repacking, handling, labeling, marking, placarding, and routing (other than with respect to pipelines) of hazardous materials, and the manufacture, fabrication, marking, maintenance, reconditioning, repairing, or testing of a package or container which is represented, marked, certified, or sold by such person for use in the transportation of certain hazardous materials.</content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Cooperation.</inline>—</heading><content>In addition to other applicable requirements, the Secretary shall consult and cooperate with representatives of the Interstate Commerce Commission and shall consider any relevant suggestions made by such Commission, before issuing any regulation with respect to the routing of hazardous materials. Such Commission shall, to the extent of its lawful authority, take such action as is necessary or appropriate to implement any such regulation.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <heading><inline class="smallCaps">Representation.</inline>—</heading><content>No person shall, by marking or otherwise, represent that a container or package for the transportation of hazardous materials is safe, certified, or in compliance with the requirements of this Act, unless it meets the requirements of all applicable regulations issued under this Act.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">handling of hazardous materials</inline></heading> <num value="106"><inline class="smallCaps">Sec.</inline> 106.</num> <subsection class="inline"><num value="a">(a)</num> <heading><inline class="smallCaps">Criteria.</inline>—</heading><content>The Secretary is authorized to establish <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1805">49 USC 1805.</ref></p></sidenote> criteria for handling hazardous materials. Such criteria may include, but need not be limited to, a minimum number of personnel; a minimum level of training and qualification for such personnel; type and frequency of inspection; equipment to be used for detection, warning, and control of risks posed by such materials; specifications regarding the use of equipment and facilities used in the handling and transportation of such materials; and a system of monitoring safety assurance procedures for the transportation of such materials. The Secretary may revise such criteria as required.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Registration.</inline>—</heading><content>Each person who transports or causes to be transported or shipped in commerce hazardous materials or who manufactures, fabricates, marks, maintains, reconditions, repairs, or tests packages or containers which are represented, marked, certified, or sold by such person for use in the transportation in commerce of certain hazardous materials (designated by the Secretary) may be required by the Secretary to prepare and submit to the Secretary a registration statement not more often than once every 2 years. Such a registration statement shall include, but need not be limited to, such person’s name; principal place of business; the location of each activity handling such hazardous materials; a complete list of all such hazardous materials handled; and an averment that such person is in compliance with all applicable criteria established under subsection (a) of this section. <page identifier="/us/stat/88/2158">88 <inline class="smallCaps">Stat.</inline> 2158</page> The Secretary shall by regulation prescribe the form of any such statement and the information required to be included. The Secretary shall make any registration statement filed pursuant to this subsection available for inspection by any person, without charge, except that nothing in this sentence shall be deemed to require the release of any information described by subsection (b) of section 552 of title 5, United States Code, or which is otherwise protected by law from disclosure to the public. </content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <heading><inline class="smallCaps">Requirement.</inline>—</heading><content>No person required to file a registration statement under subsection (b) of this section may transport or cause to be transported or shipped extremely hazardous materials, or manufacture, fabricate, mark, maintain, recondition, repair, or test packages or containers for use in the transportation of extremely hazardous materials, unless he has on file a registration statement.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">exemptions</inline></heading> <num value="107"><inline class="smallCaps">Sec.</inline> 107.</num> <subsection class="inline"><num value="a">(a)</num> <heading><inline class="smallCaps">General.</inline>—</heading><content>The Secretary, in accordance with procedures <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1806">49 USC 1806.</ref></p></sidenote> prescribed by regulation, is authorized to issue or renew, to any person subject to the requirements of this title, an exemption from the provisions of this title, and from regulations issued under section 105 of this title, if such person transports or causes to be transported or shipped hazardous materials in a manner so as to achieve a level of safety (1) which is equal to or exceeds that level of safety which would be required in the absence of such exemption, or (2) which would be consistent with the public interest and the policy of this title in the event there is no existing level of safety established. The maximum period of an exemption issued or renewed under this section shall not exceed 2 years, but any such exemption may be renewed upon application to the Secretary. Each person applying for such an exemption or renewal shall, upon application, provide a safety analysis as prescribed by the Secretary to justify the grant of such exemption. A notice of an application for issuance or renewal of such exemption <sidenote><p class="indent0 firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> shall be published in the Federal Register. The Secretary shall afford access to any such safety analysis and an opportunity for public comment on any such application, except that nothing in this sentence shall be deemed to require the release of any information described by subsection (b) of section 552 of title 5, United States Code, or which is otherwise protected by law from disclosure to the public.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Vessels.</inline>—</heading><content>The Secretary shall exclude, in whole or in part, <sidenote><p class="indent0 firstIndent1 fontsize8">Exclusion.</p></sidenote> from any applicable provisions and regulations under this title, any vessel which is excepted from the application of section 201 of the Ports and Waterways Safety Act of 1972 by paragraph (2) of such section (46 U.S.C. 391a(2)), or any other vessel regulated under such Act, to the extent of such regulation.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <heading><inline class="smallCaps">Firearms and Ammunition.</inline>—</heading><content>Nothing in this title, or in any regulation issued under this title, shall be construed to prohibit or regulate the transportation by any individual, for personal use, of any firearm (as defined in paragraph (4) of section 232 of title 18, United States Code) or any ammunition therefor, or to prohibit any transportation of firearms or ammunition in commerce.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <heading><inline class="smallCaps">Limitation on Authority.</inline>—</heading><content>Except when the Secretary determines that an emergency exists, exemptions or renewals granted pursuant to this section shall be the only means by which a person subject to the requirements of this title may be exempted from or relieved of the obligation to meet any requirements imposed under this title.</content></subsection></section> <page identifier="/us/stat/88/2159">88 <inline class="smallCaps">Stat.</inline> 2159</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">transportation of radioactive materials on passenger-carrying aircraft</inline></heading> <num value="108"><inline class="smallCaps">Sec.</inline> 108.</num> <subsection class="inline"><num value="a">(a)</num> <heading><inline class="smallCaps">General.</inline>—</heading><content class="inline">Within 120 days after the date of enactment <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1807">49 USC 1807.</ref></p></sidenote> of this section, the Secretary shall issue regulations, in accordance with this section and pursuant to section 105 of this title, with respect to the transportation of radioactive materials on any passenger-carrying aircraft in air commerce, as defined in section 101(4) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(4)). Such regulations shall prohibit any transportation of radioactive materials on any such aircraft unless the radioactive materials involved are intended for use in, or incident to, research, or medical diagnosis or treatment, so long as such materials as prepared for and during transportation do not pose an unreasonable hazard to health and safety. The Secretary shall further establish effective procedures for monitoring and enforcing the provisions of such regulations.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Definition.</inline>—</heading><content>As used in this section, “radioactive materials” means any materials or combination of materials which spontaneously emit ionizing radiation. The term does not include materials in which (1) the estimated specific activity is not greater than 0.002 microcuries per gram of material; and (2) the radiation is distributed in an essentially uniform manner.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">powers and duties of the secretary</inline></heading> <num value="109"><inline class="smallCaps">Sec.</inline> 109.</num> <subsection class="inline"><num value="a">(a)</num> <heading><inline class="smallCaps">General.</inline>—</heading><content class="inline">The Secretary is authorized, to the extent <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1808">49 USC 1808.</ref></p></sidenote> necessary to carry out his responsibilities under this title, to conduct investigations, make reports, issue subpoenas, conduct hearings, require the production of relevant documents, records, and property, take depositions, and conduct, directly or indirectly, research, development, demonstration, and training activities. The Secretary is further authorized, <sidenote><p class="indent0 firstIndent1 fontsize8">Notice and hearing.</p></sidenote> after notice and an opportunity for a hearing, to issue orders directing compliance with this title or regulations issued under this title; the district courts of the United States shall have jurisdiction, upon petition by the Attorney General, to enforce such orders by appropriate means.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Records.</inline>—</heading><content>Each person subject to requirements under this title shall establish and maintain such records, make such reports, and provide such information as the Secretary shall by order or regulation prescribe, and shall submit such reports and shall make such records and information available as the Secretary may request.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <heading><inline class="smallCaps">Inspection.</inline>—</heading><chapeau>The Secretary may authorize any officer, employee, or agent to enter upon, inspect, and examine, at reasonable times and in a reasonable manner, the records and properties of persons to the extent such records and properties relate to—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the manufacture, fabrication, marking, maintenance, reconditioning, repair, testing, or distribution of packages or containers for use by any person in the transportation of hazardous materials in commerce; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the transportation or shipment by any person of hazardous materials in commerce.</content></paragraph> <continuation class="indent0 fontsize10">Any such officer, employee, or agent shall, upon request, display proper credentials.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <heading><inline class="smallCaps">Facilities and Duties.</inline>—</heading><chapeau>The Secretary shall—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>establish and maintain facilities and technical staff sufficient to provide, within the Federal government, the capability of evaluating risks connected with the transportation of hazardous materials and materials alleged to be hazardous;</content></paragraph> <page identifier="/us/stat/88/2160">88 <inline class="smallCaps">Stat.</inline> 2160</page> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>establish and maintain a central reporting system and data center so as to be able to provide the law-enforcement and firefighting personnel of communities, and other interested persons and government officers, with technical and other information and advice for meeting emergencies connected with the transportation of hazardous materials; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>conduct a continuing review of all aspects of the transportation of hazardous materials in order to determine and to be able to recommend appropriate steps to assure the safe transportation of hazardous materials.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <heading><inline class="smallCaps">Annual Report.</inline>—</heading><chapeau>The Secretary shall prepare and submit to <sidenote><p class="indent0 firstIndent1 fontsize8">Report to President, transmittal to Congress.</p> <p class="indent0 firstIndent1 fontsize8">Contents.</p></sidenote> the President for transmittal to the Congress on or before May 1 of each year a comprehensive report on the transportation of hazardous materials during the preceding calendar year. Such report shall include, but need not be limited to—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>a thorough statistical compilation of any accidents and casualties involving the transportation of hazardous materials;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>a list and summary of applicable Federal regulations, criteria, orders, and exemptions in effect;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>a summary of the basis for any exemptions granted or maintained;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>an evaluation of the effectiveness of enforcement activities and the degree of voluntary compliance with applicable regulations;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>a summary of outstanding problems confronting the administration of this title, in order of priority; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>such recommendations for additional legislation as are deemed necessary or appropriate.</content></paragraph></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">penalties</inline></heading> <num value="110"><inline class="smallCaps">Sec.</inline> 110.</num> <subsection class="inline"><num value="a">(a)</num> <heading><inline class="smallCaps">Civil.</inline>—</heading><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Any person (except an employee who acts <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1809">49 USC 1809.</ref></p></sidenote> without knowledge) who is determined by the Secretary, after notice and an opportunity for a hearing, to have knowingly committed an act which is a violation of a provision of this title or of a regulation issued under this title, shall be liable to the United States for a civil penalty. Whoever knowingly commits an act which is a violation of any regulation, applicable to any person who transports or causes to be transported or shipped hazardous materials, shall be subject to a civil penalty of not more than $10,000 for each violation, and if any such violation is a continuing one, each day of violation constitutes a separate offense. Whoever knowingly commits an act which is a violation of any regulation applicable to any person who manufactures, fabricates, marks, maintains, reconditions, repairs, or tests a package or container which is represented, marked, certified, or sold by such person for use in the transportation in commerce of hazardous materials shall be subject to a civil penalty of not more than $10,000 for each violation. The amount of any such penalty shall be assessed by the Secretary by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice may require.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Such civil penalty may be recovered in an action brought by the Attorney General on behalf of the United States in the appropriate district court of the United States or, prior to referral to the Attorney General, such civil penalty may be compromised by the Secretary. <page identifier="/us/stat/88/2161">88 <inline class="smallCaps">Stat.</inline> 2161</page> The amount of such penalty, when finally determined (or agreed upon in compromise), may be deducted from any sums owed by the United States to the person charged. All penalties collected under this subsection shall be deposited in the Treasury of the United States as miscellaneous receipts.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Criminal.</inline>—</heading><content>A person is guilty of an offense if he willfully violates a provision of this title or a regulation issued under this title. Upon conviction, such person shall be subject, for each offense, to a fine of not more than $25,000, imprisonment for a term not to exceed 5 years, or both.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">specific relief</inline></heading> <num value="111"><inline class="smallCaps">Sec.</inline> 111.</num> <subsection class="inline"><num value="a">(a)</num> <heading><inline class="smallCaps">General.</inline>—</heading><content class="inline">The Attorney General, at the request of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1810">49 USC 1810.</ref></p></sidenote> the Secretary, may bring an action in an appropriate district court of the United States for equitable relief to redress a violation by any person of a provision of this title, or an order or regulation issued under this title. Such district courts shall have jurisdiction to determine such actions and may grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and punitive damages.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Imminent Hazard.</inline>—</heading><content>If the Secretary has reason to believe that an imminent hazard exists, he may petition an appropriate district court of the United States, or upon his request the Attorney General shall so petition, for an order suspending or restricting the transportation of the hazardous material responsible for such imminent hazard, or for such other order as is necessary to eliminate or ameliorate such imminent hazard. As used in this subsection, an “imminent hazard” <sidenote><p class="indent0 firstIndent1 fontsize8">“Imminent hazard.”</p></sidenote> exists if there is substantial likelihood that serious harm will occur prior to the completion of an administrative hearing or other formal proceeding initiated to abate the risk of such harm.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">relationship to other laws</inline></heading> <num value="112"><inline class="smallCaps">Sec.</inline> 112.</num> <subsection class="inline"><num value="a">(a)</num> <heading><inline class="smallCaps">General.</inline>—</heading><content>Except as provided in subsection (b) of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1811">49 USC 1811.</ref></p></sidenote> this section, any requirement, of a State or political subdivision thereof, which is inconsistent with any requirement set forth in this title, or in a regulation issued under this title, is preempted.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">State Laws.</inline>—</heading><content>Any requirement, of a State or political subdivision thereof, which is not consistent with any requirement set forth in this title, or in a regulation issued under this title, is not preempted if, upon the application of an appropriate State agency, the Secretary determines, in accordance with procedures to be prescribed by regulation, that such requirement (1) affords an equal or greater level of protection to the public than is afforded by the requirements of this title or of regulations issued under this title and (2) does not unreasonably burden commerce. Such requirement shall not be preempted to the extent specified in such determination by the Secretary for so long as such State or political subdivision thereof continues to administer and enforce effectively such requirement.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <heading><inline class="smallCaps">Other Federal Laws.</inline>—</heading><content>The provisions of this title shall not apply to pipelines which are subject to regulation under the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1671 et seq.) or to pipelines which are subject to regulation under chapter 39 of title 18, United States Code.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t18/s831">18 USC 831.</ref></p></sidenote></content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">conforming amendments</inline></heading> <num value="113"><inline class="smallCaps">Sec.</inline> 113.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau>Section 4472 of title 52 of the Revised Statutes of the United States, as amended (46 U.S.C. 170) is amended—</chapeau> <page identifier="/us/stat/88/2162">88 <inline class="smallCaps">Stat.</inline> 2162</page> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by inserting, in the first sentence of paragraph (14) thereof, “<quotedText>criminal</quotedText>” before the word “<quotedText>penalty</quotedText>” and “<quotedText>or imprisoned not more than 5 years, or both</quotedText>” before the phrase “<quotedText>for each violation</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by adding at the end thereof the following new paragraph:<quotedContent> <paragraph class="indent0 fontsize10"><num value="17">“(17)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">Any person (except an employee who acts without knowledge) <sidenote><p class="indent0 firstIndent1 fontsize8">Penalty.</p></sidenote> who is determined by the Secretary, after notice and an opportunity for a hearing, to have knowingly committed an act which is a violation of any provision of this section, or of any regulation issued under this section, shall be liable to the United States for a civil penalty of not more than $10,000 for each day of each violation. The amount of such civil penalty shall be assessed by the Secretary by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice may require.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <content>Such civil penalty may be recovered in an action brought by the Attorney General on behalf of the United States, in the appropriate district court of the United States or, prior to referral to the Attorney General, such civil penalty may be compromised by the Secretary. The amount of such penalty, when finally determined (or agreed upon in compromise), may be deducted from any sums owed by the United States to the person charged. All penalties collected under this subsection shall be deposited in the Treasury of the United States as miscellaneous receipts.”.</content></subparagraph></paragraph></quotedContent></content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>Section 901(a)(1) of the Federal Aviation Act of 1958 (49 U.S.C. 1471(a)(1)) is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by inserting immediately before the period at the end of the first sentence thereof and inserting in lieu thereof: “<quotedText>, except that the amount of such civil penalty shall not exceed $10,000 for each such violation which relates to the transportation of hazardous materials.</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by deleting in the second sentence thereof “<quotedText> : <proviso><i>Provided</i>, That this</proviso></quotedText>” and inserting in lieu thereof the following: “<quotedText>. The amount of any such civil penalty which relates to the transportation of hazardous materials shall be assessed by the Secretary, or his delegate, upon written notice upon a finding of violation by the Secretary, after notice and an opportunity for a hearing. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice may require. This</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Section 902(h) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1472(h)) is amended to read as follows:<quotedContent> <section><heading class="centered"><inline class="smallCaps">“hazardous materials</inline></heading> <subsection class="indent0 fontsize10"><num value="h">“(h)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">In carrying out his responsibilities under this Act, the Secretary of Transportation may exercise the authority vested in him by section 105 of the Hazardous Materials Transportation Act to provide <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 2157.</p></sidenote> by regulation for the safe transportation of hazardous materials by air.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>A person is guilty of an offense if he willfully delivers or <sidenote><p class="indent0 firstIndent1 fontsize8">Penalty.</p></sidenote> causes to be delivered to an air carrier or to the operator of a civil aircraft for transportation in air commerce, or if he recklessly causes the transportation in air commerce of, any shipment, baggage, or other <page identifier="/us/stat/88/2163">88 <inline class="smallCaps">Stat.</inline> 2163</page> property which contains a hazardous material, in violation of any rule, regulation, or requirement with respect to the transportation of hazardous materials issued by the Secretary of Transportation under this Act. Upon conviction, such person shall be subject, for each offense, to a fine of not more than $25,000, imprisonment for a term not to exceed 5 years, or both.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>Nothing in this subsection shall be construed to prohibit or regulate the transportation by any individual, for personal use, of any firearm (as defined in paragraph (4) of section 232 of title 18, United States Code) or any ammunition therefor.”.</content></paragraph></subsection></section></quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Section 6(c)(1) of the Department of Transportation Act (49 U.S.C. 1655(c)(1)) is amended by inserting in the first sentence thereof after “<quotedText>aviation safety</quotedText>” and before “<quotedText>as set forth in</quotedText>” the following: “(other than those relating to the transportation, packaging, marking, or description of hazardous materials)”.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 6(f)(3)(A) of the Department of Transportation Act (49 U.S.C. 1655(f)(3)(A)) is amended by striking out the period at the end thereof and by inserting in lieu thereof “<quotedText>(other than subsection (e)(4)).</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 6(f)(3)(B) of the Department of Transportation Act (49 U.S.C. 1655(f)(3)(B)) is amended by striking out the period at the end thereof and by inserting in lieu thereof “<quotedText>(other than subsection (e)(4)).</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <chapeau>Subsection (6) of section 4472 of the Revised Statutes, as amended (46 U.S.C. 170(6)), is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>in paragraph (a) thereof, by striking out “<quotedText>inflammable</quotedText>” each place it appears and inserting in lieu thereof at each such place “<quotedText>flammable</quotedText>”; by inserting before “<quotedText>liquids</quotedText>” the following: “<quotedText>or combustible</quotedText>”; and by deleting the colon and the proviso in its entirety and by inserting in lieu thereof a period and the following two new sentences: “<quotedText>The provisions of this subsection shall apply to the transportation, carriage, conveyance, storage, stowing, or use on board any passenger vessel of any barrel, drum, or other package containing any flammable or combustible liquid which has a lower flash point than that which is defined as safe pursuant to regulations establishing the defining flash-point criteria for flammable and combustible liquids. Such regulations shall be prescribed, and revised as necessary, by the Secretary of Transportation.</quotedText>”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>in paragraph (b) thereof, by striking out in clause (iv) thereof “<quotedText>inflammable liquids</quotedText>” and inserting in lieu thereof “<quotedText>flammable or combustible liquids</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>The Hazardous Materials Transportation Control Act of 1970 <sidenote><p class="indent0 firstIndent1 fontsize8">Repeal.</p></sidenote> (Pub. L. 91–458, title III; 49 U.S.C. 1761–1762) is repealed.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">effective date</inline></heading> <num value="114"><inline class="smallCaps">Sec.</inline> 114.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Except as provided in this section, the provisions of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1801">49 USC 1801</ref> note.</p></sidenote> this title shall take effect on the date of enactment.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Except as provided in section 108 of this title or paragraph (2) of this subsection, any order, determination, rule, regulation, permit, contract, certificate, license, or privilege issued, granted, or otherwise authorized or allowed, prior to the date of enactment of this title, pursuant to any provision of law amended or repealed by this title, shall continue in effect according to its terms or until repealed, terminated, withdrawn, amended, or modified by the Secretary or a court of competent jurisdiction.</content></paragraph> <page identifier="/us/stat/88/2164">88 <inline class="smallCaps">Stat.</inline> 2164</page> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Secretary shall take all steps necessary to bring orders, determinations, rules, and regulations into conformity with the purposes and provisions of this title as soon as practicable, but in any event no permits, contracts, certificates, licenses, or privileges granted prior to the date of enactment of this title, or renewed or extended thereafter, shall be of any effect more than 2 years after the date of enactment of this title, unless there is full compliance with the purposes and provisions of this Act and regulations thereunder.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Proceedings pending upon the date of enactment of this title shall not be affected by the provisions of this title and shall be completed as if this title had not been enacted, unless the Secretary makes a determination that the public health and safety otherwise require.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">authorization for appropriations</inline></heading> <num value="115"><inline class="smallCaps">Sec.</inline> 115.</num> <content>There is authorized to be appropriated for the purposes of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1812">49 USC 1812.</ref></p></sidenote> this title, not to exceed $7,000,000 for the fiscal year ending June 30, 1975.</content></section> <num value="II">TITLE II—</num><heading class="inline">RAIL SAFETY<sidenote><p class="indent0 firstIndent1 fontsize8">Rail Safety Improvement Act of 1974.</p></sidenote></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">short title</inline></heading> <num value="201"><inline class="smallCaps">Sec.</inline> 201.</num> <content>This title may be cited as the “<shortTitle role="title">Rail Safety Improvement <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t45/s440">45 USC 440</ref> note.</p></sidenote> Act of 1974</shortTitle>”.</content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">declaration of policy</inline></heading> <num value="202"><inline class="smallCaps">Sec.</inline> 202.</num> <content>The Congress finds that more effective realization of the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t45/s440">45 USC 440</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t45/s431">45 USC 431</ref> note.</p></sidenote> purposes of the Federal Railroad Safety Act of 1970 requires that Act to be amended to mandate comprehensive analysis and evaluation of the rail safety program, to increase the amount and percentage of available resources for inspection, investigation, and enforcement, and to increase the enforcement powers of the Secretary of Transportation.</content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">comprehensive railroad safety report</inline></heading> <num value="203"><inline class="smallCaps">Sec.</inline> 203.</num> <content>Section 211 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 440) is amended by adding at the end thereof the following new subsection:<quotedContent> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <heading><inline class="smallCaps">Special Report.</inline>—</heading><chapeau>The Secretary shall prepare and submit to <sidenote><p class="indent0 firstIndent1 fontsize8">Report to President and Congress.</p> <p class="indent0 firstIndent1 fontsize8">Contents.</p></sidenote> the President and the Congress, not later than March 17, 1976, a comprehensive railroad safety report. Such report shall—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>contain a description of the areas of railroad safety with respect to which Federal safety standards issued under this Act are in effect (as of June 30, 1975);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>identify any area of railroad safety with respect to which Federal safety standards have been proposed but have not been issued under this Act (as of June 30, 1975);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>identify any area of railroad safety with respect to which Federal safety standards have not been issued under this Act (as of June 30, 1975);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>identify alternative and more cost-effective methods for inspection and enforcement of Federal safety standards, including mechanical and electronic inspection, and contain an evaluation of problems involved in implementing such alternatives, with specific attention to the need for cooperation with the railroad industry;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <content>identify the areas of railroad safety listed in accordance with paragraphs (1) through (3) of this subsection which involve, or which may involve, State participation under section 206 of this Act;<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t45/s435">45 USC 435.</ref></p></sidenote></content></paragraph> <page identifier="/us/stat/88/2165">88 <inline class="smallCaps">Stat.</inline> 2165</page> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <chapeau>contain a description of the railroad safety program which is in effect or planned in each State (as of June 30, 1975), including—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>State program development;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>State plans to participate in program areas listed in accordance with paragraph (1) of this subsection, which are not covered by a State certification or agreement;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>State interest in participating in each program area listed in accordance with paragraphs (2) and (3) of this subsection, following issuance of the applicable safety standards;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>annual projections of each State agency’s needs for personnel, equipment, and activities reasonably required to carry out its State program during each fiscal year from 1976 through 1980 together with estimates of the annual costs thereof separately stated as to projections under subparagraphs (B) and (C) of this paragraph;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <content>the sources from which the State expects to draw the funds to finance such programs; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="F">“(F)</num> <content>the amount of State funds and of Federal financial assistance needed during each such fiscal year, by category;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">“(7)</num> <content>contain a detailed analysis of (A) the number of safety inspectors needed (by industry and Government respectively) to maintain an adequate and reasonable railroad safety program and record; (B) the minimum training and other qualifications needed for each such inspector; (C) the present and projected availability of such personnel in comparison to the need therefor; (D) the salary levels of such personnel in relation to salary levels for comparable positions in industry, State governments, and the Federal Government;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">“(8)</num> <content>evaluate alternative methods of allotting Federal funds among the States applying for Federal financial assistance, including recommendations, if needed, for a formula for such apportionment;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">“(9)</num> <content>contain a discussion of other problems affecting cooperation among the States that relate to effective participation of State agencies in the nationwide railroad safety program; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="10">“(10)</num> <content>contain recommendations for any additional Federal and State legislation needed to further realization of the objectives of this Act.</content></paragraph> <continuation class="indent0 fontsize10">Such report shall be prepared by the Secretary, directly or indirectly, after research, examination, study, and consultation with the national associations representing railroad employee unions, railroad management, cooperating State agencies, the national organization of State commissions, universities, and other persons having special expertise or experience with respect to railroad safety. Such report shall include, in an appendix, a statement of the views of the national associations representing railroad employee unions, of the carriers, and of the national organization of State commissions with respect to the content of such report in its final form.”.</continuation></subsection> </quotedContent></content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">accident reports</inline></heading> <num value="204"><inline class="smallCaps">Sec.</inline> 204.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 209(b) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 438(b)) is amended by inserting after “<quotedText>for violation thereof</quotedText>” and before “<quotedText>in such amount</quotedText>” the following: “<quotedText>or for violation of section 2 of the Act of May 6, 1910 (45 U.S.C. 39)</quotedText>”.</content></subsection> <page identifier="/us/stat/88/2166">88 <inline class="smallCaps">Stat.</inline> 2166</page> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 2 of the Act of May 6, 1910 (45 U.S.C. 89) is amended by adding at the end thereof the following new sentence: “<quotedText>In lieu of the foregoing, any such carrier may be required to pay a civil penalty pursuant to subsections (b) and (c) of section 209 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 438(b)).</quotedText>”.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">authorization for appropriations</inline></heading> <num value="205"><inline class="smallCaps">Sec.</inline> 205.</num> <content>Section 212 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 441) is amended to read as follows:<quotedContent> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <content>There are authorized to be appropriated to carry out the provisions of this Act not to exceed $35,000,000 for the fiscal year ending June 30, 1975.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <chapeau>Subject to the provisions of subsection (c), amounts appropriated under subsection (a) of this section shall be available for expenditure as follows:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>Not to exceed $18,000,000 for the Office of Safety, including salaries and expenses for up to 350 safety inspectors and up to 80 clerical personnel.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>Not to exceed $3,500,000 to carry out the provisions of section 206(d) of this Act.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t45/s435">45 USC 435.</ref></p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>Not to exceed $3,500,000 for the Federal Railroad Administration, for salaries and expenses not otherwise provided for.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>Not to exceed $10,000,000 for conducting research and development activities under this Act.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>The aggregate of amounts obligated and expended in fiscal year 1975 for conducting research and development activities under this Act shall not exceed the aggregate of amounts expended in such fiscal year for the investigation and enforcement of railroad safety rules, regulations, orders, and standards prescribed or in effect under this Act.”.</content></subsection></quotedContent></content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">enforcement</inline></heading> <num value="206"><inline class="smallCaps">Sec.</inline> 206.</num> <content>Section 208(a) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 437(a)) is amended by adding at the end thereof the following new sentence: “<quotedText>The Secretary is further authorized to issue orders directing compliance with this Act or with any railroad safety rule, regulation, order, or standard issued under this Act; the district courts of the United States shall have jurisdiction, upon petition by the Attorney General, to enforce such orders by appropriate means.</quotedText>”.</content></section> <num value="III">TITLE III—</num><heading class="inline">INDEPENDENT SAFETY BOARD<sidenote><p class="indent0 firstIndent1 fontsize8">Independent Safety Board Act of 1974.</p></sidenote></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">short title</inline></heading> <num value="301"><inline class="smallCaps">Sec.</inline> 301.</num> <content>This title may be cited as the “<shortTitle role="title">Independent Safety Board <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1901">49 USC 1901</ref> note.</p></sidenote> Act of 1974</shortTitle>”.</content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">findings</inline></heading> <num value="302"><inline class="smallCaps">Sec.</inline> 302.</num> <chapeau>The Congress finds and declares:<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1901">49 USC 1901.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>The National Transportation Safety Board was established by statute in 1966 (Public Law 89–670; 80 Stat. 935) as an <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1654">49 USC 1654.</ref></p></sidenote> independent Government agency, located within the Department of Transportation, to promote transportation safety by conducting independent accident investigations and by formulating safety improvement recommendations.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>Proper conduct of the responsibilities assigned to this Board requires vigorous investigation of accidents involving transportation modes regulated by other agencies of Government; demands <page identifier="/us/stat/88/2167">88 <inline class="smallCaps">Stat.</inline> 2167</page> continual review, appraisal, and assessment of the operating practices and regulations of all such agencies; and calls for the making of conclusions and recommendations that may be critical of or adverse to any such agency or its officials. No Federal agency can properly perform such functions unless it is totally separate and independent from any other department, bureau, commission, or agency of the United States.</content></paragraph></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">national transportation safety board</inline></heading> <num value="303"><inline class="smallCaps">Sec.</inline> 303.</num> <subsection class="inline"><num value="a">(a)</num> <heading><inline class="smallCaps">Establishment.</inline>—</heading><content class="inline">The National Transportation <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1902">49 USC 1902.</ref></p></sidenote> Safety Board (hereafter in this title referred to as the “Board”), previously established within the Department of Transportation, shall be an independent agency of the United States, in accordance with this section, on and after April 1, 1975.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Organization.</inline>—</heading><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Board shall consist of five members, <sidenote><p class="indent0 firstIndent1 fontsize8">Membership.</p></sidenote> including a Chairman. Members of the Board shall be appointed by the President, by and with the advice and consent of the Senate. No more than three members of the Board shall be of the same political party. At any given time, no less than two members of the Board shall be individuals who have been appointed in the field of accident reconstruction, safety engineering, or transportation safety.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The terms of office of members of the Board shall be 5 years, <sidenote><p class="indent0 firstIndent1 fontsize8">Term.</p></sidenote> except as otherwise provided in this paragraph. Any individual appointed to fill a vacancy occurring on the Board prior to the expiration of the term of office for which his predecessor was appointed shall be appointed for the remainder of that term. Upon the expiration of his term of office, a member shall continue to serve until his successor is appointed and shall have qualified. Individuals serving as members of the National Transportation Safety Board on the date of enactment of this title shall continue to serve as members of the Board until the expiration of their then current term of office. Any member of the Board may be removed by the President for inefficiency, neglect of duty, or malfeasance in office.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <chapeau>On or before January 1, 1976 (and thereafter as required), the President shall—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>designate, by and with the advice and consent of the Senate, an individual to serve as the Chairman of the Board (hereafter in this title referred to as the “Chairman”); and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>an individual to serve as Vice Chairman.</content></subparagraph> <continuation class="indent0 fontsize10">The Chairman and Vice Chairman each shall serve for a term of 2 years. The Chairman shall be the chief executive officer of the Board and shall exercise the executive and administrative functions of the Board with respect to the appointment and supervision of personnel employed by the Board; the distribution of business among such personnel and among any administrative units of the Board; and the use and expenditure of funds. The Vice Chairman shall act as Chairman in the event of the absence or incapacity of the Chairman or in case of a vacancy in the office of Chairman. The Chairman or Acting Chairman shall be governed by the general policies established by the Board, including any decisions, findings, determinations, rules, regulations, and formal resolutions.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>Three members of the Board shall constitute a quorum for the transaction of any function of the Board.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>The Board shall establish and maintain distinct and appropriately staffed bureaus, divisions, or offices to investigate and report on accidents involving each of the following modes of transportation: <page identifier="/us/stat/88/2168">88 <inline class="smallCaps">Stat.</inline> 2168</page> (A) aviation; (B) highway and motor vehicle; (C) railroad and tracked vehicle; and (D) pipeline. The Board shall, in addition, establish and maintain any other such office as is needed, including an office to investigate and report on the safe transportation of hazardous materials.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <heading><inline class="smallCaps">General.</inline>—</heading><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The General Services Administration shall furnish the Board with such offices, equipment, supplies, and services as it is authorized to furnish to any other agency or instrumentality of the United States.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Board shall have a seal which shall be judicially recognized.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Subject to the civil service and classification laws, the Board is authorized to select, appoint, employ, and fix the compensation of such officers and employees, including investigators, attorneys, and administrative law judges, as shall be necessary to carry out its powers and duties under this title.</content></paragraph></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">general provisions</inline></heading> <num value="304"><inline class="smallCaps">Sec.</inline> 304.</num> <subsection class="inline"><num value="a">(a)</num> <heading><inline class="smallCaps">Duties of Board.</inline>—</heading><chapeau>The Board shall—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1903">49 USC 1903.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <chapeau>investigate or cause to be investigated (in such detail as it shall prescribe), and determine the facts, conditions, and circumstances and the cause or probable cause or causes of any—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>aircraft accident which is within the scope of the functions, powers, and duties transferred from the Civil Aeronautics Board under section 6(d) of the Department of Transportation Act (49 U.S.C. 4655(d)) pursuant to title <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1655">49 USC 1655.</ref></p></sidenote> VII of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1441);</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>highway accident, including any railroad grade crossing accident, that it selects in cooperation with the States;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>railroad accident in which there is a fatality, substantial property damage, or which involves a passenger train;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>pipeline accident in which there is a fatality or substantial property damage;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">(E)</num> <content>major marine casualty, except one involving only public vessels, occurring on the navigable waters or territorial seas of the United States, or involving a vessel of the United States, in accordance with regulations to be prescribed jointly by the Board and the Secretary of the department in which the Coast Guard is operating. Nothing in this subparagraph shall be construed to eliminate or diminish any responsibility under any other Federal statute of the Secretary of the department in which the Coast Guard is operating: <proviso><i>Provided</i>, That any marine accident involving a public vessel and any other vessel shall be investigated and the facts, conditions, and circumstances, and the cause or probable cause determined and made available to the public by either the Board or the Secretary of the Department in which the Coast Guard is operating;</proviso> and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="F">(F)</num> <content>other accident which occurs in connection with the transportation of people or property which, in the judgment of the Board, is catastrophic, involves problems of a recurring character, or would otherwise carry out the policy of this title.</content></subparagraph> <continuation class="indent0 fontsize10">The Board may request the Secretary of Transportation (hereafter <sidenote><p class="indent0 firstIndent1 fontsize8">Report.</p></sidenote> in this title referred to as the “Secretary”) to make investigations with regard to such accidents and to report to the <page identifier="/us/stat/88/2169">88 <inline class="smallCaps">Stat.</inline> 2169</page> Board the facts, conditions, and circumstances thereof (except in accidents where misfeasance or nonfeasance by the Federal Government is alleged), and the Secretary or his designees are authorized to make such investigations. Thereafter, the Board, utilizing such reports, shall make its determination of cause or probable cause under this paragraph;</continuation></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>report in writing on the facts, conditions, and circumstances <sidenote><p class="indent0 firstIndent1 fontsize8">Report; publication in Federal Register.</p></sidenote> of each accident investigated pursuant to paragraph (1) of this subsection and cause such reports to be made available to the public at reasonable cost and to cause notice of the issuance and availability of such reports to be published in the Federal Register;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>issue periodic reports to the Congress, Federal, State, and <sidenote><p class="indent0 firstIndent1 fontsize8">Reports to Congress, Federal, State, and local agencies.</p></sidenote> local agencies concerned with transportation safety, and other interested persons recommending and advocating meaningful responses to reduce the likelihood of recurrence of transportation accidents similar to those investigated by the Board and proposing corrective steps to make the transportation of persons as safe and free from risk of injury as is possible, including steps to minimize human injuries from transportation accidents;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>initiate and conduct special studies and special investigations on matters pertaining to safety in transportation including human injury avoidance;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>assess and reassess techniques and methods of accident investigation and prepare and publish from time to time recommended procedures for accident investigations;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>establish by regulation requirements binding on persons reporting accidents subject to the Board's investigatory jurisdiction under this subsection;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>evaluate, assess the effectiveness, and publish the findings of the Board with respect to the transportation safety consciousness and efficacy in preventing accidents of other Government agencies;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <content>evaluate the adequacy of safeguards and procedures concerning the transportation of hazardous materials and the performance of other Government agencies charged with assuring the safe transportation of such materials; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">(9)</num> <content>review on appeal (A) the suspension, amendment, modification, revocation, or denial of any operating certificate or license issued by the Secretary of Transportation under sections 602, 609, or 611(c) of the Federal Aviation Act of 1958 (49 U.S.C. 1422, 1429, or 1431(c)); and (B) the decisions of the Commandant of the Coast Guard, on appeals from the orders of any administrative law judge revoking, suspending, or denying a license, certificate, document, or register in proceedings under section 4450 of the Revised Statutes of the United States (46 U.S.C. 239); the Act of July 15, 1954 (46 U.S.C. 239(a) and (b)); or section 4 of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t46/s239a/s239b">46 USC 239a, 239b.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t46/s216b">46 USC 216b.</ref></p></sidenote> the Great Lakes Pilotage Act (46 U.S.C. 216(b)).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Powers of Board.</inline>—</heading><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Board, or upon the authority of the Board, any member thereof, any administrative law judge employed by or assigned to the Board, or any officer or employee duly designated by the Chairman, may, for the purpose of carrying out this title, hold such hearings, sit and act at such times and places, administer such oaths, and require by subpoena or otherwise the attendance and testimony of such witnesses and the production of such evidence as the Board or such officer or employee deems advisable. Subpoenas shall be issued under the signature of the Chairman, or his delegate, and may <page identifier="/us/stat/88/2170">88 <inline class="smallCaps">Stat.</inline> 2170</page> be served by any person designated by the Chairman. Witnesses summoned to appear before the Board shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. Such attendance of witnesses and production of evidence may be required from any place in the United States to any designated place of such hearing in the United States.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Any employee of the Board, upon presenting appropriate credentials <sidenote><p class="indent0 firstIndent1 fontsize8">Inspections.</p></sidenote> and a written notice of inspection authority, is authorized to enter any property wherein a transportation accident has occurred or wreckage from any such accident is located and do all things therein necessary for a proper investigation. The employee may inspect, at reasonable times, records, files, papers, processes, controls, and facilities relevant to the investigation of such accident. Each inspection shall be commenced and completed with reasonable promptness and the results of such inspection made available.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>In case of continuacy or refusal to obey a subpoena, an order, or an inspection notice of the Board, or of any duly designated employee thereof, by any person who resides, is found, or transacts business within the jurisdiction of any district court of the United States, such district court shall, upon the request of the Board, have jurisdiction to issue to such person an order requiring such person to comply forthwith. Failure to obey such an order is punishable by such court as a contempt of court.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>The Board is authorized to enter into, without regard to section <sidenote><p class="indent0 firstIndent1 fontsize8">Contract authority.</p></sidenote> 3709 of the Revised Statutes of the United States (41 U.S.C. 5), such contracts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of the functions and the duties of the Board under this title, with any government entity or any person.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>The Board is authorized to obtain, and shall be furnished, with <sidenote><p class="indent0 firstIndent1 fontsize8">Autopsy report.</p></sidenote> or without reimbursement, a copy of the report of the autopsy performed by State or local officials on any person who dies as a result of having been involved in a transportation accident within the jurisdiction of the Board and, if necessary, the Board may order the autopsy or seek other tests of such persons as may be necessary to the investigation of the accident: <proviso><i>Provided</i>, That to the extent consistent with the need of the accident investigation, provisions of local law protecting religious beliefs with respect to autopsies shall be observed.</proviso></content></paragraph> <paragraph class="indent0 fontsize10"><num value="6">(6)</num> <content>The Board is authorized to (A) use, on a reimbursable basis or otherwise, when appropriate, available services, equipment, personnel, and facilities of the Department of Transportation and of other civilian or military agencies and instrumentalities of the Federal Government; (B) confer with employees and use available services, records, and facilities of State, municipal, or local governments and agencies; (C) employ experts and consultants in accordance with section 3109 of title 5, United States Code; (D) appoint one or more advisory committees composed of qualified private citizens or officials of Federal, State, or local governments as it deems necessary or appropriate, in accordance with the Federal Advisory Committee Act (5 U.S.C. App. I); (E) accept voluntary and uncompensated services notwithstanding any other provision of law; (F) accept gifts or donations of money or property (real, personal, mixed, tangible, or intangible); and (G) enter into contracts with public or private nonprofit entities for the conduct of studies related to any of its functions.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="7">(7)</num> <content>Whenever the Board submits or transmits any budget estimate, <sidenote><p class="indent0 firstIndent1 fontsize8">Budget estimates, transmittal to Congress.</p></sidenote> budget request, supplemental budget estimate, or other budget information, legislative recommendation, prepared testimony for congressional hearings, or comment on legislation to the President or to the Office of Management and Budget, it shall concurrently transmit a copy thereof to the Congress. No officer or agency of the United States <page identifier="/us/stat/88/2171">88 <inline class="smallCaps">Stat.</inline> 2171</page> shall have any authority to require the Board to submit its budget requests or estimates, legislative recommendations, prepared testimony for congressional hearings, or comments on legislation to any officer or agency of the United States for approval, comments, or review, prior to the submission of such recommendations, testimony, or comments to the Congress.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="8">(8)</num> <content>The Board is empowered to designate representatives to serve or assist on such committees as the Chairman determines to be necessary or appropriate to maintain effective liaison with other Federal agencies, and with State and local government agencies, and with independent standard-setting bodies carrying out programs and activities related to transportation safety.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="9">(9)</num> <content>The Board, or an employee of the Board duly designated by the Chairman, may conduct an inquiry to secure data with respect to any matter pertinent to transportation safety, upon publication of notice <sidenote><p class="indent0 firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> of such inquiry in the Federal Register; and may require, by special or general orders, Federal, State, and local government agencies and persons engaged in the transportation of people or property in commerce to submit written reports and answers to such requests and questions as are propounded with respect to any matter pertinent to any function of the Board. Such reports and answers shall be submitted to the Board or to such employee within such reasonable period of time and in such form as the Board may determine. Copies thereof shall be made available for inspection by the public.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="10">(10)</num> <content>Establish such rules and regulations as may be necessary to the <sidenote><p class="indent0 firstIndent1 fontsize8">Rules and regulations.</p></sidenote> exercise of its functions.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <heading><inline class="smallCaps">Use of Reports as Evidence.</inline>—</heading><content>No part of any report of the Board, relating to any accident or the investigation thereof, shall be admitted as evidence or used in any suit or action for damages growing out of any matter mentioned in such report or reports.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <heading><inline class="smallCaps">Judicial Review.</inline>—</heading><content>Any order, affirmative or negative, issued by the Board under this title shall be subject to review by the appropriate court of appeals of the United States or the United States Court of Appeals for the District of Columbia, upon petition filed within 60 days after the entry of such order, by any person disclosing a substantial interest in such order. Such review shall be conducted in accordance with the provisions of chapter 7 of title 5, United States Code.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s701">5 USC 701.</ref></p></sidenote></content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">annual report</inline></heading> <num value="305"><inline class="smallCaps">Sec.</inline> 305.</num> <chapeau>The Board shall report to the Congress on July 1 of each <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1904">49 USC 1904.</ref></p></sidenote> year. Such report shall include, but need not be limited to—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>a statistical and analytical summary of the transportation accident investigations conducted and reviewed by the Board during the preceding calendar year;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>a survey and summary, in such detail as the Board deems advisable, of the recommendations made by the Board to reduce the likelihood of recurrence of such accidents together with the observed response to each such recommendation;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>an appraisal in detail of the accident investigation and accident prevention activities of other government agencies charged by Federal or State law with responsibility in this field; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>a biennial appraisal and evaluation and review, and recommendations for legislative and administrative action and change, with respect to transportation safety.</content></paragraph></section> <page identifier="/us/stat/88/2172">88 <inline class="smallCaps">Stat.</inline> 2172</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">public access to information</inline></heading> <num value="306"><inline class="smallCaps">Sec.</inline> 306.</num> <subsection class="inline"><num value="a">(a)</num> <heading><inline class="smallCaps">General.</inline>—</heading><content>Copies of any communication, document, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1905">49 USC 1905.</ref></p></sidenote> investigation, or other report, or information received or sent by the Board, or any member or employee of the Board, shall be made available to the public upon identifiable request, and at reasonable cost, unless such information may not be publicly released pursuant to subsection (b) of this section. Nothing contained in this section shall be deemed to require the release of any information described by subsection (b) of section 552 of title 5, United States Code, or which is otherwise protected by law from disclosure to the public.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <heading><inline class="smallCaps">Exception.</inline>—</heading><chapeau>The Board shall not disclose information obtained <sidenote><p class="indent0 firstIndent1 fontsize8">Information disclosure, prohibition.</p></sidenote> under this title which concerns or relates to a trade secret referred to in section 1905 of title 18, United States Code, except that such information may be disclosed in a manner designed to preserve confidentiality—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>upon request, to other Federal Government departments and agencies for official use;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>upon request, to any committee of Congress having jurisdiction over the subject matter to which the information relates;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>in any judicial proceeding under a court order formulated to preserve the confidentiality of such information without impairing the proceedings; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>to the public in order to protect health and safety, after notice to any interested person to whom the information pertains and an opportunity for such person to comment in writing, or orally in closed session, on such proposed disclosure (if the delay resulting from such notice and opportunity for comment would not be detrimental to health and safety).</content></paragraph></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">response to board recommendations</inline></heading> <num value="307"><inline class="smallCaps">Sec.</inline> 307.</num> <chapeau>Whenever the Board submits a recommendation regarding <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1906">49 USC 1906.</ref></p></sidenote> transportation safety to the Secretary, he shall respond to each such recommendation formally and in writing not later than 90 days after receipt thereof. The response to the Board by the Secretary shall indicate his intention to—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>initiate and conduct procedures for adopting such recommendation in full, pursuant to a proposed timetable, a copy of which shall be included;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>initiate and conduct procedures for adopting such recommendation in part, pursuant to a proposed timetable, a copy of which shall be included. Such response shall set forth in detail the reasons for the refusal to proceed as to the remainder of such recommendation; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>refuse to initiate or conduct procedures for adopting such recommendation. Such response shall set forth in detail the reasons for such refusal.</content></paragraph> <continuation class="indent0 fontsize10">The Board shall cause notice of the issuance of each such recommendation <sidenote><p class="indent0 firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> and of each receipt of a response thereto to be published in the Federal Register, and shall make copies thereof available to the public at reasonable cost.</continuation></section> <page identifier="/us/stat/88/2173">88 <inline class="smallCaps">Stat.</inline> 2173</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">conforming amendments</inline></heading> <num value="308"><inline class="smallCaps">Sec.</inline> 308.</num> <chapeau>The Department of Transportation Act is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by deleting section 5 (49 U.S.C. 1654);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by amending section 4(c) thereof (49 U.S.C. 1653(c)) by deleting “<quotedText>or the National Transportation Safety Board</quotedText>” in the first sentence thereof; and by deleting in the second sentence thereof “<quotedText>, the Administrators, or the National Transportation Safety Board.</quotedText>” and by inserting in lieu thereof “<quotedText>or the Administrators.</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by amending section 4(d) thereof (49 U.S.C. 1653(d)) by deleting “<quotedText>, the Administrators, and the National Transportation Safety Board</quotedText>” and by inserting in lieu thereof “<quotedText>and the Administrators</quotedText>”.</content></paragraph></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">authorization of appropriations</inline></heading> <num value="309"><inline class="smallCaps">Sec.</inline> 309.</num> <content>There are authorized to be appropriated for the purposes <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1907">49 USC 1907.</ref></p></sidenote> of this Act not to exceed $12,000,000 for the fiscal year ending June 30, 1975; and $12,000,000 for the fiscal year ending June 30, 1976, such sums to remain available until expended.</content></section> Approved January 3, 1975.
Public Law 93–634: Designating San Angelo Dam and Reservoir on the North Concho River as the “O. C. Fisher Dam and Lake”. Public Law 634 Public Law 93–634 1974-01-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–634
AN ACT Designating San Angelo Dam and Reservoir on the North Concho River as the “O. C. Fisher Dam and Lake”.

January 3, 1974

[H. R. 15322]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the San Angelo

San Angelo Dam and Reservoir, North Concho River, Tex.

Name change.

55 Stat. 638.

 Dam and Reservoir, North Concho River, Texas, authorized by the Flood Control Act approved August 18, 1941, shall hereafter be known as the O. C. Fisher Dam and Lake, and any law, regulation, document, or record of the United States in which such project is designated or referred to shall be held to refer to such project under and by the name of “O. C. Fisher Dam and Lake”.
Approved January 3, 1975.
Public Law 93–635: To make technical amendments to the Act of September 3, 1974, relating to salary increases for District of Columbia police, firemen, and teachers, and to the District of Columbia Real Property Tax Revision Act of 1974, and for other purposes. Public Law 635 Public Law 93–635 1975-01-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–635
AN ACT To make technical amendments to the Act of September 3, 1974, relating to salary increases for District of Columbia police, firemen, and teachers, and to the District of Columbia Real Property Tax Revision Act of 1974, and for other purposes.

January 3, 1975

[H. R. 16925]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That effective on

D.C.

Police, firemen and teachers, salary increases; real property taxes.

 the first day of the first pay period beginning on or after July 1, 1974, the salary schedule in section 101(a) of the District of Columbia Police and Firemen’s Salary Act of 1958 (D.C. Code, sec. 4–823(a)) is amended by striking out “16,510” in service step 2 of class 4 of such schedule and inserting in lieu thereof “16,540”.
88 Stat. 2174
Sec. 2. (a) Effective on and after the first day of the first pay period

Technicians’ position.

 beginning on or after July 1, 1974, subsections (a), (b), (c), and (d) of section 302 of the District of Columbia Police and Firemen’s Salary Act of 1958 (D.C. Code, sec. 4–828) are amended to read as follows:
“Sec. 302. (a) The Commissioner of the District of Columbia, in the case of the Metropolitan Police force and the Fire Department of the District of Columbia, the Secretary of the Treasury, in the case of the Executive Protective Service, and the Secretary of the Interior, in the case of the United States Park Police force, are authorized to establish and determine, from time to time, the positions in salary classes 1, 2, and 4 to be included as technicians’ positions. “(b) Each officer or member— “(1) who immediately prior to the effective date of the District of Columbia Police and Firemen’s Salary Act Amendments of 1972—

D.C. Code 4–823 note.

 “(A) was in a position assigned to subclass (b) of salary class 1 or 2 or subclass (c) of salary class 4, or “(B) was in salary class 4 and was performing the duty of a dog handler, or “(2) whose position is determined under subsection (a) to be included in salary class 1, 2, or 4 on or after such date as a technician’s position, shall on or after such date receive, in addition to his scheduled rate of basic compensation, $735 per annum. An officer or member described in paragraph (1)(A) or (2) shall receive the additional compensation authorized by this subsection until his position is determined under subsection (a) not to be included in salary class 1, 2, or 4, as a technician’s position or until he no longer occupies such position, which ever occurs first. An officer or member described in paragraph (1)(B)

Dog handler.

 shall receive such compensation until the position of dog handler is determined under subsection (a) not to be included in salary class 4 as a technician’s position or until he no longer performs the duty of dog handler, whichever first occurs. If the position of dog handler is included under subsection (a) as a technician’s position, an officer or member performing the duty of a dog handler may not receive both the additional compensation authorized for an officer or member occupying a technician’s position and the additional compensation authorized for officers and members performing the duty of a dog handler. “(c) Each officer or member who immediately prior to the effective

Detective sergeant.

 date of the District of Columbia Police and Firemen’s Salary Act Amendments of 1972 was assigned as a detective sergeant in subclass (b) of salary class 4 shall on or after such date, receive, in addition to his scheduled rate of basic compensation, $540 per annum so long as he remains in such assignment. Each officer or member who is promoted after such date to the rank of detective sergeant shall receive, in addition to his scheduled rate of basic compensation, $540 per annum so long as he remains in such assignment. “(d) The additional compensation authorized by subsections (b) and (c) shall be paid to an officer or member in the same manner as he is paid the basic compensation to which he is entitled.”.
 88 Stat. 2175 (b) Effective on and after the first day of the first pay period

Additional compensation

D.C. Code 4–828.

 beginning on or after January 1, 1974, section 302 of that Act is amended by adding at the end thereof the following: “(e) Whenever any officer or member receiving additional compensation authorized by subsection (b) or (c) is no longer entitled to receive such additional compensation, without a change in salary class, he shall receive, irrespective of any subsequent salary schedule or service step adjustment authorized by this Act, basic compensation equal to the sum of his existing scheduled rate of basic compensation and the amount of such additional compensation until his scheduled rate of basic compensation equals or exceeds such sum. “(f) The loss of the additional compensation authorized by subsection (b) or (c) shall not constitute an adverse action for the purposes of section 7511 of title 5 of the United States Code.”. (c) Effective on and after the date of enactment of this Act paragraphs

Repeal.

D.C. Code 4–828.

Ante, p. 1036.

 (5), (6), and (7) of section 101(a) of the Act of September 3, 1974 (relating to District of Columbia police and firemen’s salaries) are repealed.
Sec. 3. (a) Section 103(a) of the Act of September 3, 1974 (relating

Ante, p. 1038.

 to salary increases for District of Columbia police, firemen, and teachers), is amended by striking out “this title” and inserting in lieu thereof “this part”. (b) Section 124(a) of that Act is amended by striking out “subsections

Ante, p. 1041.

 (a), (b), and (d)” and inserting in lieu thereof “subsections (a) and (b)”. (c) Section 124(c) of that Act is amended by striking out “Section 122” and inserting in lieu thereof “Sections 122, 123, and 124”. (d) The amendments made by this section shall take effect on and

Effective date.

D.C. Code 4–823 note.

 after September 3, 1974.
Sec. 4. Effective on the first day of the first pay period beginning

Teachers, salary increase.

 on or after September 1, 1974, the salary schedule contained in section 1 of the District of Columbia Teachers’ Salary Act of 1955 (D.C. Code, sec. 31–1501) is amended by (1) striking out “$29,900” in service step 5 of class 3 and inserting in lieu thereof “$29,990”; (2) striking out “13,620” in service step 9 of Group A–1 of class 15 and inserting in lieu thereof “13,520”; (3) striking out “Group B, master’s degree” in class 15 and inserting in lieu thereof “Group B, bachelor’s degree + 30 or master’s degree”; (4) striking out “14,780” in service step 8 of Group C of class 15 and inserting in lieu thereof “14,730”; and (5) striking out “17,180” in service step 12 of Group C of class 15 and inserting in lieu thereof “17,130”.
Sec. 5. Effective on and after September 3, 1974, the amendment made by section 202(2) of the Teachers’ Salary Act Amendments of 1974 to the salary schedule contained in section 1 of the District of

Ante, p. 1042.

D.C. Code 31–1501.

 Columbia Teachers’ Salary Act of 1955 is amended (1) by striking out “10,410” in service step 6 of Group A–1 of class 15 and inserting in lieu thereof “12,410”; and (2) by striking out “20,559” in Longevity step Y of Group D of class 15 and inserting in lieu thereof “20,550”.
88 Stat. 2176
Sec. 6. (a)(1) Subsections (c) and (d) of section 413 of the District of Columbia Real Property Tax Revision Act of 1974 are each

Ante, p. 1052.

 amended by striking out “subsection (a)” and inserting in lieu thereof “subsection (b)(3)”. (2) The amendments made by paragraph (1) shall take effect

Effective date.

D.C. Code 47–633 note.

 January 2, 1975. (b) Section 413(e) of that Act is amended by striking out “Act” and inserting in lieu thereof “title”. (c) The first sentence of section 421(a) of that Act is amended by

Ante, p. 1053.

 striking out “this part” and inserting in lieu thereof “this subpart”. (d) The first sentence of section 421(f) of that Act is amended by striking out “Act” and inserting in lieu thereof “title”. (e) The first sentence of section 422(b) of that Act is amended by

Ante, p. 1054.

 striking out “this title” the first place it appears and inserting in lieu thereof “this subpart”. (f) The last sentence of section 426(f) of that Act is amended by

Ante, p. 1055.

D.C. Code 47–646.

 striking out “423” and inserting in lieu thereof “424”. (g) Section 426(i) of that Act is amended by deleting “sections 3 and 14 of title IX of the Act of August 17, 1937 (D.C. Code, sec. 47–2404, 47–24143)” and inserting in lieu thereof “sections 3 and 4 of title IX of the Act of August 17, 1937 (D.C. Code, secs. 47–2403, 47–2404)”. (h) The amendments made by subsections (b), (c), (d), (e), (f),

Effective date.

D.C. Code 47–633 note.

Ante, p. 1065.

Ante, p. 1036.

 and (g) shall take effect as provided in section 478 of that Act as if the sections (as amended) amended by such subsections had been included in Public Law 93–407 on the date of its enactment.
Sec. 7. (a)(1) Section 451 of the District of Columbia Real Property Tax Revision Act of 1974 is amended by (A) inserting “of article

Ante, p. 1060.

 I” immediately after “title VI”, and (B) inserting “Tax” immediately after “Franchise”. (2) The amendments made by paragraph (1) shall take effect on

Effective date.

D.C. Code 47–1567g note.

 and after September 3, 1974. (b)(1) Section 7 of title VI of article I of the District of Columbia Income and Franchise Tax Act of 1947, added by section 451 of the District of Columbia Real Property Tax Revision Act of 1974, is

Ante, p. 1060.

D.C. Code 47–1567g.

 amended by striking out “Sec. 7.”, and inserting in lieu thereof “Sec. 8.”. (2) The table of contents of such article I is amended by adding at the end of the part of such table relating to title VI the following: “Sec. 8. (3) The amendments made by paragraphs (1) and (2) shall take

Effective date.

D.C. Code 47–1567g note.

Supra.

 effect on and after January 1, 1975. (c) Subsection (f) of section 8 of title VI of such article I (as redesignated by the amendment made by subsection (b)(1)) is amended by striking out “the first section of the Act of September 14, 1965 (D.C. Code, secs. 20–2101 and 20–2102), the claim shall not be allowed.” and inserting in lieu thereof “sections 2101 and 2102 of title 20 of the District of Columbia Code, the claim shall not be allowed.”. (d) Subsection (p) of such section 8 is amended by striking out “paragraph (1)” and inserting in lieu thereof “subsection (n)(1)”. (e) Subsection (s) of such section 8 is amended by striking out “section 7(a) of this title” and inserting in lieu thereof “subsection (a) of this section”. (f) The amendments made by subsections (c), (d), and (e) shall

Effective date.

D.C. Code 47–1567g note.

Ante, p. 1060.

Ante, p. 1036.

 take effect as provided in section 451 of that Act as if the sections (as amended) amended by such subsections had been included in Public Law 93–407 on the date of its enactment.
88 Stat. 2177
Sec. 8. (a) Section 441 of the District of Columbia Real Property Tax Revision Act of 1974 is amended by striking out “(D.C. Code,

Ante, p. 1060.

 sec. 47–801(a))” and inserting in lieu thereof “(D.C. Code, sec. 47–801a.)”. (b) Section 473 of that Act is amended by striking out “(D.C. Code,

Ante, p. 1064.

 sec. 47–2601(a)(8))” and inserting in lieu thereof “(D.C. Code, sec. 47–2601.14(a)(8))”. (c) Section 474(b) of that Act is amended by striking out “(D.C.

Ante, p. 1065.

 Code, sec. 47–601)” and inserting in lieu thereof “(D.C. Code, secs. 47–301, 47–601)”. (d) Section 477 of that Act is amended by striking out “this Act”

Ante, p. 1065.

 and inserting in lieu thereof “this title”. (e) The amendments made by this section shall take effect on and

Effective date.

D.C. Code 47–661 note.

Repeals.

 after September 3, 1974.
Sec. 9. Effective June 30, 1975, section 5(a) of title IX of the Act of August 17, 1937 (D.C. Code, secs. 47–708, 47–709), and section 4 of the Act of July 3, 1926 (D.C. Code, sec. 47–713), are repealed.
Sec. 10. (a) Subsection (f) of the Policemen and Firemen’s Retirement

Police and firemen, disability retirement.

D.C. Code 4–526.

 and Disability Act (D.C. Code, sec. 4–521) is amended by striking out “basic salary at time of retirement” and inserting in lieu thereof “average pay”. (b) The amendment made by subsection (a) shall apply with

Applicability.

D.C. Code 4–526 note.

 respect to any annuity which begins on or after July 1, 1975.
Sec. 11. Effective on and after September 3, 1974, the amendment

Adult education schools, teachers.

Ante, p. 1042.

D.C. Code 31–1542.

 made by section 202(4) of the Teachers’ Salary Act Amendments of 1974 to the schedule of pay rates in section 13(a) of the District of Columbia Teachers’ Salary Act of 1955 is amended by striking out “9.61” in step 1 for Teachers in Adult Education Schools and inserting in lieu thereof “9.67”.
Sec. 12. The second sentence of section 301(a) of the District of

Director of Campaign Finance, term.

Ante, p. 454.

D.C. Code 1–1151.

 Columbia Campaign Finance Reform and Conflict of Interest Act is amended to read as follows: “The Commissioner of the District of Columbia shall appoint, by and with the advice and consent of the Senate, the Director, except that on and after January 2, 1975, appointments to the Office of Director, including vacancies therein, shall be made by the Mayor, with the advice and consent of the Council. The Director shall serve for a term of four years, subject to removal for cause by the Commissioner or the Mayor, as the case may be, and may be reappointed for a like term or terms, with the advice and consent of the Council, except that in the case of the Director serving as such on January 1, 1975, such Director’s term shall terminate upon the expiration of June 1, 1979, unless sooner so removed for cause. Any appointment to fill a vacancy in the Office of Director shall be for the unexpired portion of the term.”.
Sec. 13. (a) Section 5(e) of the District of Columbia Election Act

Board of Elections and Ethics.

 (D.C. Code, sec. 1–1105) is amended by adding at the end thereof the following new sentences: “The Board, at the request of the Director of Campaign Finance, shall provide such employees, subject to the compensation provisions of this subsection, as requested to carry out the powers and duties of the Director. Employees so assigned to the Director shall, while so assigned, be under the direction and control of the Director.”. (b) Section 5 of such Act is further amended by adding at the end

Regulations.

 thereof the following new subsection: “(g) The Board shall prescribe such regulations as may be necessary to insure that all persons responsible for the proper administration of this Act maintain a position of strict impartiality and refrain from any activity which would imply support of or opposition to (1) a candidate or group of candidates for office in the District of Columbia, or 88 Stat. 2178 (2) any political party or political committee. As used in this subsection,

Definitions.

 the terms ‘office’, ‘political party’, and ‘political committee’ shall have the same meaning as that prescribed in section 102 of the District of Columbia Campaign Finance Reform and Conflict of Interest Act”.

Ante, p. 447.

Sec. 14. (a) Section 306(b)(2) of the Act of August 14, 1974, is

Ante, p. 458.

D.C. Code 1–1156.

 amended by deleting “chapter 5 of title 5, United States Code” and inserting “the District of Columbia Administrative Procedure Act (D.C. Code, sec. 1–1501 et seq.)”. (b) Section 601(c) of the Act of August 14, 1974, is amended by

Ante, p. 465.

 inserting immediately before the period at the end thereof a comma and the following: “except for political contributions publicly reported pursuant to section 206 of this Act and transactions made in the

Ante, p. 452.

 ordinary course of business of the person offering or giving the thing of value”.
Sec. 15. (a) Section 431(a) of the District of Columbia Real Property

Historic buildings.

Ante, p. 1057.

 Tax Revision Act of 1974 is amended by deleting “historic property” and inserting in lieu thereof “historic buildings”. (b) Section 431(b) of such Act is amended by deleting “historic property” and inserting “historic buildings”. (c) Section 432 of such Act is amended by deleting “property”

Ante, p. 1058.

 wherever it appears therein and inserting in lieu thereof “buildings”. (d) Section 433 of such Act is amended to read as follows:
“Sec. 433. To be eligible for historic property tax relief, real property

Ante, p. 1058.

 must be a historic building designated by the Joint Committee on Landmarks of the National Capital and, in addition, must be approved by the Commissioner under section 434.”.
 (e) Section 434 of such Act is amended to read as follows:

Ante, p. 1058.
“Sec. 434. The Council may provide that the owners of historic buildings which have been so designated by the Joint Committee on Landmarks of the National Capital may enter into agreements with the government of the District of Columbia for periods of at least twenty years which will assure the continued maintenance of historic buildings in return for property tax relief. Such a provision shall, as a condition for tax relief, require reasonable assurance that such buildings will be used and properly maintained and such other conditions as the Council finds to be necessary to encourage the preservation of historic buildings. The Council shall also provide for the recovery of back taxes, with interest, which would have been due and payable in the absence of the exemption, if the conditions for such exemption are not fulfilled.”.
Sec. 16. Section 4(a) of the Act entitled “An Act to amend the Controlled

Repeal.

 Substances Act to extend for three fiscal years the authorization of appropriations for the administration and enforcement of that Act”, approved October 26, 1974 (Public Law 93–481), is amended by striking out “chapter 6” and inserting in lieu thereof “chapter 5”.

Ante, p. 1455.

Sec. 17. Section 493(b) of the Act of December 24, 1973, is amended

Public Service Commission, Commissioners.

D.C. Code 43–201.

 to read as follows: “(b) Paragraph 97(a) of section 8 of the Act of March 4, 1913 (making appropriations for the government of the District of Columbia) (D.C. Code, sec. 43–201), is amended as follows: “(1) The first sentence of such paragraph is amended to read as follows: ‘The Public Service Commission of the District of Columbia shall be composed of three commissioners appointed by the Mayor, by and with the advice and consent of the Council, except that the members (other than the Commissioner of the District of Columbia) serving as commissioners of such Commission on January 1, 1975, by virtue of their appointment by the President, by and with the advice and consent of the Senate, shall 88 Stat. 2179 continue to serve until the expiration of the terms for which they were so appointed. The member first appointed by the Mayor, by and with the advice and consent of the Council, on or after January 2, 1975, shall serve until June 30, 1978.’. “(2) The third sentence of such paragraph is repealed.

Repeal.

 “(3) The sixth sentence of such paragraph is amended to read as follows: ‘No Commissioner shall, during his term of office, hold any other public office.’. “(4) The seventh sentence of such paragraph is amended by deleting ‘The Commissioners of the District of Columbia’ and inserting in lieu thereof ‘The Mayor’. “(5) The eighth sentence of such paragraph is amended to read as follows: No person shall be eligible to the office of Commissioner of the Public Service Commission of the District of Columbia who has not been a bona fide resident of the District of Columbia for a period of at least three years next preceding his appointment or who has voted or claimed residence elsewhere during such period.’”.
Sec. 18. (a) Section 103(a) of the Act of September 3, 1974 (77

Ante, p. 1038.

 Stat. 1036), relating to police and firemen’s compensation, is amended by deleting “subsections (b) and (c)” and inserting in lieu thereof “subsections (b), (c), and (d)”. (b) Section 103(a) of such Act is further amended by adding at the end thereof the following: “(d) The amendment made by paragraph (4) of section 101 shall

Ante, p. 1036.

 take effect on and after the first day of the first pay period beginning on or after June 1, 1974.”.
Sec. 19. Section 122 of the Act of September 3, 1974 (relating to

Police and Firemen’s Retirement and Relief Board, membership.

Ante, p. 1041.

 police and firemen’s compensation), is amended by adding at the end thereof the following new subsection: “(d) In addition to the members and alternates of the Board designated by subsection (a) of this section, in all cases of retirement, disability, or other relief involving a member of the Executive Protective Service or a member of the United States Secret Service, who contribute to the Policemen and Firemen’s Relief Fund of the District of Columbia, a member and alternate of the Executive Protective Service or a member and alternate of the United States Secret Service, as designated by the Director, United States Secret Service, as appropriate shall sit as a member of the Police and Firemen’s Retirement and Relief Board.”.
Approved January 3, 1975.
Public Law 93–636: Making appropriations for military construction for the Department of Defense for the fiscal year ending June 30, 1975, and for other purposes. Public Law 636 Public Law 93–636 1975-01-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–636
AN ACT Making appropriations for military construction for the Department of Defense for the fiscal year ending June 30, 1975, and for other purposes.

January 3, 1975

[H. R. 17468]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following

Military Construction Appropriation Act, 1975.

 sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1975, for military construction functions administered by the Department of Defense, and for other purposes, namely: 88 Stat. 2180 Military Construction, Army For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Army as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $656,825,000, to remain available until expended. Military Construction, Navy For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, and facilities for the Navy as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $606,376,000, to remain available until expended. Military Construction, Air Force For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, and facilities for the Air Force as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $456,439,000, to remain available until expended. Military Construction, Defense Agencies For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, and facilities for activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency), as currently authorized in military public works or military construction Acts, and in sections 2673 and 2675 of title 10, United States Code, $31,260,000, to remain available until expended; and, in addition, not to exceed $20,000,000 to be derived by transfer from the appropriation “Research, development, test, and evaluation, Defense Agencies” as determined by the Secretary of Defense: Provided, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to such appropriations of the Department of Defense available for military construction as he may designate. Military Construction, Army National Guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $59,000,000,

10 USC 2231.

 to remain available until expended. 88 Stat. 2181 Military Construction, Air National Guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces

10 USC 2231.

 Facilities Acts, $35,500,000, to remain available until expended. Military Construction, Army Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $43,700,000, to remain available until expended. Military Construction, Naval Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $22,135,000, to remain available until expended. Military Construction, Air Force Reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 133 of title 10, United States Code, as amended, and the Reserve Forces Facilities Acts, $16,000,000, to remain available until expended. Family Housing, Defense

For expenses of family housing for the Army, Navy, Marine Corps, Air Force, and Defense agencies, for construction, including acquisition, replacement, addition, expansion, extension and alteration and for operation, maintenance, and debt payment, including leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $1,245,790,000, to be obligated and expended in the Family Housing Management Account established pursuant to section 501(a) of Public Law 87–554, in not to exceed the

42 USC 1594a–1.

following amounts:

For the Army: Construction, $122,500,000; For the Navy and Marine Corps: Construction, $127,275,000; For the Air Force: Construction, $60,500,000; For Department of Defense: Debt payment, $162,348,000; Operation, maintenance, $773,167,000.

Provided, That the amounts provided under this head for construction and for debt payment shall remain available until expended.

 88 Stat. 2182 Homeowners Assistance Fund, Defense For use in the Homeowners Assistance Fund established pursuant to section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (Public Law 89–754, as amended), $5,000,000.

42 USC 3374.
General Provisions Sec. 101. Funds appropriated to the Department of Defense for

Prior appropriations.

 construction in prior years are hereby made available for construction authorized for each such department by the authorizations enacted into law during the second session of the Ninety-third Congress.
Sec. 102. None of the funds appropriated in this Act shall be

Contracts.

 expended for payments under a cost-plus-a-fixed-fee contract for work, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor.
Sec. 103. None of the funds appropriated in this Act shall be

Construction costs, expedition.

 expended for additional costs involved in expediting construction unless the Secretary of Defense certifies such costs to be necessary to protect the national interest and establishes a reasonable completion date for each project, taking into consideration the urgency of the requirement, the type and location of the project, the climatic and seasonal conditions affecting the construction, and the application of economical construction practices.
Sec. 104. None of the funds appropriated in this Act shall be used

Service facilities.

 for the construction, replacement, or reactivation of any bakery, laundry, or drycleaning facility in the United States, its territories, or possessions, as to which the Secretary of Defense does not certify, in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates.
Sec. 105. Funds herein appropriated to the Department of Defense

Motor vehicles, hire.

31 USC 638f.

 for construction shall be available for hire of passenger motor vehicles.
Sec. 106. Funds appropriated to the Department of Defense

Access roads, construction,

31 USC 700b.

 for construction may be used for advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense.
Sec. 107. None of the funds appropriated in this Act may be used to

New bases.

 begin construction of new bases inside the continental United States for which specific appropriations have not been made.
Sec. 108. No part of the funds provided in this Act shall be used for

Land purchases or easements.

 purchase of land or land easements in excess of 100 per centum of the value as determined by the Corps of Engineers or the Naval Facilities Engineering Command, except: (a) where there is a determination of value by a Federal court, or (b) purchases negotiated by the Attorney General or his designee, or (c) where the estimated value is less than $25,000, or (d) as otherwise determined by the Secretary of Defense to be in the public interest.
Sec. 109. None of the funds appropriated in this Act may be used

Foreign projects.

 to make payments under contracts for any project in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor.
88 Stat. 2183
Sec. 110. None of the funds appropriated in this Act shall be used

Family housing limitations.

 to (1) acquire land, (2) provide for site preparation, or (3) install utilities for any family housing, except housing for which funds have been made available in annual military construction appropriation Acts: Provided, That funds in this Act may be available for family housing in accordance with section 502 of the Military Construction Authorization Act, 1975, excluding the costs of design and supervision,

Ante, p. 1758.

 inspection and overhead.
Sec. 111.

Notwithstanding any other provision of law, funds available to the Department of Defense during the current fiscal year for the construction of family housing units may be used to purchase sole interest in privately owned and Federal Housing Commissioner held family housing units if the Secretary of Defense determines it is in the best interests of the Government to do so: Provided, That family housing units so purchased do not exceed annual Military Construction Authorization Act limitations on unit cost and numbers and are at the locations authorized: Provided further, That housing units so purchased are within the size limitations of title 10, United States Code, section 2684.

This Act may be cited as the “Military Construction Appropriation

Short title.

Act, 1975”.
Approved January 3, 1975.
Public Law 93–637: To provide minimum disclosure standards for written consumer product warranties; to define minimum Federal content standards for such warranties; to amend the Federal Trade Commission Act in order to improve its consumer protection activities; and for other purposes. Public Law 637 Public Law 93–637 1975-01-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–637
AN ACT To provide minimum disclosure standards for written consumer product warranties; to define minimum Federal content standards for such warranties; to amend the Federal Trade Commission Act in order to improve its consumer protection activities; and for other purposes.

January 4, 1975

[S. 356]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Magnuson-Moss Warranty—Federal Trade Commission Improvement Act.

15 USC 2301 note.

 be cited as the “Magnuson-Moss Warranty—Federal Trade Commission Improvement Act”.
<num value="I">TITLE I—</num><heading class="inline">CONSUMER PRODUCT WARRANTIES</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">definitions</inline></heading> <num value="101"><inline class="smallCaps">Sec.</inline> 101.</num> <chapeau>For the purposes of this title:<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s2301">15 USC 2301.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>The term “consumer product” means any tangible personal property which is distributed in commerce and which is normally used for personal, family, or household purposes (including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed).</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>The term “Commission” means the Federal Trade Commission.</content></paragraph> <page identifier="/us/stat/88/2184">88 <inline class="smallCaps">Stat.</inline> 2184</page> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>The term “consumer” means a buyer (other than for purposes of resale) of any consumer product, any person to whom such product is transferred during the duration of an implied or written warranty (or service contract) applicable to the product, and any other person who is entitled by the terms of such warranty (or service contract) or under applicable State law to enforce against the warrantor (or service contractor) the obligations of the warranty (or service contract).</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>The term “supplier” means any person engaged in the business of making a consumer product directly or indirectly available to consumers.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>The term “warrantor” means any supplier or other person who gives or offers to give a written warranty or who is or may be obligated under an implied warranty.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <chapeau>The term “written warranty” means—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>any written affirmation of fact or written promise made in connection with the sale of a consumer product by a supplier to a buyer which relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is defect free or will meet a specified level of performance over a specified period of time, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>any undertaking in writing in connection with the sale by a supplier of a consumer product to refund, repair, replace, or take other remedial action with respect to such product in the event that such product fails to meet the specifications set forth in the undertaking,</content></subparagraph> <continuation class="indent0 fontsize10">which written affirmation, promise, or undertaking becomes part of the basis of the bargain between a supplier and a buyer for purposes other than resale of such product.</continuation></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>The term “implied warranty” means an implied warranty arising under State law (as modified by sections 108 and 104(a)) in connection with the sale by a supplier of a consumer product.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <content>The term “service contract” means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance or repair (or both) of a consumer product.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">(9)</num> <content>The term “reasonable and necessary maintenance” consists of those operations (A) which the consumer reasonably can be expected to perform or have performed and (B) which are necessary to keep any consumer product performing its intended function and operating at a reasonable level of performance.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="10">(10)</num> <chapeau>The term “remedy” means whichever of the following actions the warrantor elects:</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>repair,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>replacement, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>refund;</content></subparagraph> <continuation class="indent0 fontsize10">except that the warrantor may not elect refund unless (i) the warrantor is unable to provide replacement and repair is not commercially practicable or cannot be timely made, or (ii) the consumer is willing to accept such refund.</continuation></paragraph> <page identifier="/us/stat/88/2185">88 <inline class="smallCaps">Stat.</inline> 2185</page> <paragraph class="indentUp1 fontsize10"><num value="11">(11)</num> <content>The term “replacement” means furnishing a new consumer product which is identical or reasonably equivalent to the warranted consumer product.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="12">(12)</num> <content>The term “refund” means refunding the actual purchase price (less reasonable depreciation based on actual use where permitted by rules of the Commission).</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="13">(13)</num> <content>The term “distributed in commerce” means sold in commerce, introduced or delivered for introduction into commerce, or held for sale or distribution after introduction into commerce.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="14">(14)</num> <chapeau>The term “commerce” means trade, traffic, commerce, or transportation—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>between a place in a State and any place outside thereof, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>which affects trade, traffic, commerce, or transportation described in subparagraph (A).</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="15">(15)</num> <content>The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Canal Zone, or American Samoa. The term “State law” includes a law of the United States applicable only to the District of Columbia or only to a territory or possession of the United States; and the term “Federal law” excludes any State law.</content></paragraph></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">warranty provisions</inline></heading> <num value="102"><inline class="smallCaps">Sec.</inline> 102.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">In order to improve the adequacy of information available <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s2302">15 USC 2302.</ref></p></sidenote> to consumers, prevent deception, and improve competition in the marketing of consumer products, any warrantor warranting a consumer product to a consumer by means of a written warranty shall, to the extent required by rules of the Commission, fully and conspicuously disclose in simple and readily understood language the terms and conditions of such warranty. Such rules may require inclusion in the written warranty of any of the following items among others:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>The clear identification of the names and addresses of the warrantors.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>The identity of the party or parties to whom the warranty is extended.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>The products or parts covered.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>A statement of what the warrantor will do in the event of a defect, malfunction, or failure to conform with such written warranty—at whose expense—and for what period of time.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>A statement of what the consumer must do and expenses he must bear.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>Exceptions and exclusions from the terms of the warranty.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>The step-by-step procedure which the consumer should take in order to obtain performance of any obligation under the warranty, including the identification of any person or class of persons authorized to perform the obligations set forth in the warranty.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <content>Information respecting the availability of any informal dispute settlement procedure offered by the warrantor and a recital, where the warranty so provides, that the purchaser may be <page identifier="/us/stat/88/2186">88 <inline class="smallCaps">Stat.</inline> 2186</page> required to resort to such procedure before pursuing any legal remedies in the courts.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">(9)</num> <content>A brief, general description of the legal remedies available to the consumer.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="10">(10)</num> <content>The time at which the warrantor will perform any obligations under the warranty.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="11">(11)</num> <content>The period of time within which, after notice of a defect, malfunction, or failure to conform with the warranty, the warrantor will perform any obligations under the warranty.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="12">(12)</num> <content>The characteristics or properties of the products, or parts thereof, that are not covered by the warranty.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="13">(13)</num> <content>The elements of the warranty in words or phrases which would not mislead a reasonable, average consumer as to the nature or scope of the warranty.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">The Commission shall prescribe rules requiring that <sidenote><p class="indent0 firstIndent1 fontsize8">Availability prior to sale.</p></sidenote> the terms of any written warranty on a consumer product be made available to the consumer (or prospective consumer) prior to the sale of the product to him.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>The Commission may prescribe rules for determining the <sidenote><p class="indent0 firstIndent1 fontsize8">Information, presentation.</p></sidenote> manner and form in which information with respect to any written warranty of a consumer product shall be clearly and conspicuously presented or displayed so as not to mislead the reasonable, average consumer, when such information is contained in advertising, labeling, point-of-sale material, or other representations in writing.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Nothing in this title (other than paragraph (3) of this subsection) shall be deemed to authorize the Commission to prescribe the duration of written warranties given or to require that a consumer product or any of its components be warranted.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The Commission may prescribe rules for extending the period <sidenote><p class="indent0 firstIndent1 fontsize8">Time extension.</p></sidenote> of time a written warranty or service contract is in effect to correspond with any period of time in excess of a reasonable period (not less than 10 days) during which the consumer is deprived of the use of such consumer product by reason of failure of the product to conform with the written warranty or by reason of the failure of the warrantor (or service contractor) to carry out such warranty (or service contract) within the period specified in the warranty (or service contract).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>No warrantor of a consumer product may condition his written <sidenote><p class="indent0 firstIndent1 fontsize8">Conditions.</p></sidenote> or implied warranty of such product on the consumer’s using, in connection with such product, any article or service (other than article or service provided without charge under the terms of the warranty) which is identified by brand, trade, or corporate name; except that the prohibition of this subsection may be waived by the Commission if—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the warrantor satisfies the Commission that the warranted product will function properly only if the article or service so identified is used in connection with the warranted product, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the Commission finds that such a waiver is in the public interest.</content></paragraph> <continuation class="indent0 fontsize10">The Commission shall identify in the Federal Register, and permit <sidenote><p class="indent0 firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> public comment on, all applications for waiver of the prohibition of this subsection, and shall publish in the Federal Register its disposition of any such application, including the reasons therefor.</continuation></subsection> <page identifier="/us/stat/88/2187">88 <inline class="smallCaps">Stat.</inline> 2187</page> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>The Commission may by rule devise detailed substantive warranty provisions which warrantors may incorporate by reference in their warranties.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>The provisions of this section apply only to warranties which pertain to consumer products actually costing the consumer more than $5.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">designation of warranties</inline></heading> <num value="103"><inline class="smallCaps">Sec.</inline> 103.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Any warrantor warranting a consumer product by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s2303">15 USC 2303.</ref></p></sidenote> means of a written warranty shall clearly and conspicuously designate such warranty in the following manner, unless exempted from doing so by the Commission pursuant to subsection (c) of this section:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>If the written warranty meets the Federal minimum <sidenote><p class="indent0 firstIndent1 fontsize8">“Full warranty.”</p></sidenote> standards for warranty set forth in section 104 of this Act, then it shall be conspicuously designated a “full (statement of duration) warranty”.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>If the written warranty does not meet the Federal minimum <sidenote><p class="indent0 firstIndent1 fontsize8">“Limited warranty.”</p></sidenote> standards for warranty set forth in section 104 of this Act, then it shall be conspicuously designated a “limited warranty”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Sections 102, 103, and 104 shall not apply to statements or representations which are similar to expressions of general policy concerning customer satisfaction and which are not subject to any specific limitations.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>In addition to exercising the authority pertaining to disclosure granted in section 102 of this Act, the Commission may by rule determine when a written warranty does not have to be designated either “full (statement of duration)” or “limited” in accordance with this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>The provisions of subsections (a) and (c) of this section apply only to warranties which pertain to consumer products actually costing the consumer more than $10 and which are not designated “full (statement of duration) warranties”.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">federal minimum standards for warranty</inline></heading> <num value="104"><inline class="smallCaps">Sec.</inline> 104.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">In order for a warrantor warranting a consumer <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s2304">15 USC 2304.</ref></p></sidenote> product by means of a written warranty to meet the Federal minimum standards for warranty—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>such warrantor must as a minimum remedy such consumer product within a reasonable time and without charge, in the case of a defect, malfunction, or failure to conform with such written warranty;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>notwithstanding section 108(b), such warrantor may not impose any limitation on the duration of any implied warranty on the product;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>such warrantor may not exclude or limit consequential damages for breach of any written or implied warranty on such product, unless such exclusion or limitation conspicuously appears on the face of the warranty; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>if the product (or a component part thereof) contains a defect or malfunction after a reasonable number of attempts by the warrantor to remedy defects or malfunctions in such product, such warrantor must permit the consumer to elect either a refund for, or replacement without charge of, such product or part (as the case may be). The Commission may by rule specify for purposes of this paragraph, what constitutes a reasonable number of attempts to remedy particular kinds of defects or malfunctions under different circumstances. If the warrantor replaces a component part of a consumer product, such replacement shall include installing the part in the product without charge.</content></paragraph></subsection> <page identifier="/us/stat/88/2188">88 <inline class="smallCaps">Stat.</inline> 2188</page> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">In fulfilling the duties under subsection (a) respecting a written warranty, the warrantor shall not impose any duty other than notification upon any consumer as a condition of securing remedy of any consumer product which malfunctions, is defective, or does not conform to the written warranty, unless the warrantor has demonstrated in a rulemaking proceeding, or can demonstrate in an administrative or judicial enforcement proceeding (including private enforcement), or in an informal dispute settlement proceeding, that such a duty is reasonable.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Notwithstanding paragraph (1), a warrantor may require, as a condition to replacement of, or refund for, any consumer product under subsection (a), that such consumer product shall be made available to the warrantor free and clear of liens and other encumbrances, except as otherwise provided by rule or order of the Commission in cases in which such a requirement would not be practicable.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The Commission may, by rule define in detail the duties set forth in section 104(a) of this Act and the applicability of such duties to warrantors of different categories of consumer products with “full (statement of duration)” warranties.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>The duties under subsection (a) extend from the warrantor to each person who is a consumer with respect to the consumer product.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The performance of the duties under subsection (a) of this section shall not be required of the warrantor if he can show that the defect, malfunction, or failure of any warranted consumer product to conform with a written warranty, was caused by damage (not resulting from defect or malfunction) while in the possession of the consumer, or unreasonable use (including failure to provide reasonable and necessary maintenance).</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>For purposes of this section and of section 102(c), the term <sidenote><p class="indent0 firstIndent1 fontsize8">“Without charge.”</p></sidenote> “without charge” means that the warrantor may not assess the consumer for any costs the warrantor or his representatives incur in connection with the required remedy of a warranted consumer product. An obligation under subsection (a)(1)(A) to remedy without charge does not necessarily require the warrantor to compensate the consumer for incidental expenses; however, if any incidental expenses are incurred because the remedy is not made within a reasonable time or because the warrantor imposed an unreasonable duty upon the consumer as a condition of securing remedy, then the consumer shall be entitled to recover reasonable incidental expenses which are so incurred in any action against the warrantor.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>If a supplier designates a warranty applicable to a consumer product as a “full (statement of duration)” warranty, then the warranty on such product shall, for purposes of any action under section 110(d) or under any State law, be deemed to incorporate at least the minimum requirements of this section and rules prescribed under this section.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">full and limited warranting of a consumer product</inline></heading> <num value="105"><inline class="smallCaps">Sec.</inline> 105.</num> <content>Nothing in this title shall prohibit the selling of a consumer <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s2305">15 USC 2305.</ref></p></sidenote> product which has both full and limited warranties if such warranties are clearly and conspicuously differentiated.</content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">service contracts</inline></heading> <num value="106"><inline class="smallCaps">Sec.</inline> 106.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Commission may prescribe by rule the manner and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s2306">15 USC 2306.</ref></p></sidenote> form in which the terms and conditions of service contracts shall be fully, clearly, and conspicuously disclosed.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Nothing in this title shall be construed to prevent a supplier or warrantor from entering into a service contract with the consumer <page identifier="/us/stat/88/2189">88 <inline class="smallCaps">Stat.</inline> 2189</page> in addition to or in lieu of a written warranty if such contract fully, clearly, and conspicuously discloses its terms and conditions in simple and readily understood language.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">designation of representatives</inline></heading> <num value="107"><inline class="smallCaps">Sec.</inline> 107.</num> <content>Nothing in this title shall be construed to prevent any <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s2307">15 USC 2307.</ref></p></sidenote> warrantor from designating representatives to perform duties under the written or implied warranty: <proviso><i>Provided</i>, That such warrantor shall make reasonable arrangements for compensation of such designated representatives, but no such designation shall relieve the warrantor of his direct responsibilities to the consumer or make the representative a cowarrantor.</proviso></content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">limitation on disclaimer of implied warranties</inline></heading> <num value="108"><inline class="smallCaps">Sec.</inline> 108.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">No supplier may disclaim or modify (except as provided <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s2308">15 USC 2308.</ref></p></sidenote> in subsection (b)) any implied warranty to a consumer with respect to such consumer product if (1) such supplier makes any written warranty to the consumer with respect to such consumer product, or (2) at the time of sale, or within 90 days thereafter, such supplier enters into a service contract with the consumer which applies to such consumer product.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>For purposes of this title (other than section 104(a)(2)), implied warranties may be limited in duration to the duration of a written warranty of reasonable duration, if such limitation is conscionable and is set forth in clear and unmistakable language and prominently displayed on the face of the warranty.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>A disclaimer, modification, or limitation made in violation of this section shall be ineffective for purposes of this title and State law.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">commission rules</inline></heading> <num value="109"><inline class="smallCaps">Sec.</inline> 109.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Any rule prescribed <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s2309">15 USC 2309.</ref></p></sidenote> under this title shall be prescribed in accordance with section 553 of title 5, United States Code; except that the Commission shall give interested persons an opportunity for oral presentations of data, views, and arguments, in addition to written submissions. A transcript shall be kept of any oral presentation. Any such rule shall be subject to judicial review under section 18(e) of the Federal Trade Commission Act (as amended by section 202 of this Act) in the same manner as rules prescribed under section 18(a)(1)(B) of such Act, except that section 18(e)(3)(B) of such Act shall not apply.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 2193.</p></sidenote></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The Commission shall initiate within one year after the date <sidenote><p class="indent0 firstIndent1 fontsize8">Used motor vehicles.</p></sidenote> of enactment of this Act a rulemaking proceeding dealing with warranties and warranty practices in connection with the sale of used motor vehicles; and, to the extent necessary to supplement the protections offered the consumer by this title, shall prescribe rules dealing with such warranties and practices. In prescribing rules under this subsection, the Commission may exercise any authority it may have under this title, or other law, and in addition it may require disclosure that a used motor vehicle is sold without any warranty and specify the form and content of such disclosure.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">remedies</inline></heading> <num value="110"><inline class="smallCaps">Sec.</inline> 110.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Congress hereby declares it to be its policy to <sidenote><p class="indent0 firstIndent1 fontsize8">Informal dispute settlements.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s2310">15 USC 2310.</ref></p></sidenote> encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms.</content></paragraph> <page identifier="/us/stat/88/2190">88 <inline class="smallCaps">Stat.</inline> 2190</page> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Commission shall prescribe rules setting forth minimum <sidenote><p class="indent0 firstIndent1 fontsize8">Rules.</p></sidenote> requirements for any informal dispute settlement procedure which is incorporated into the terms of a written warranty to which any provision of this title applies. Such rules shall provide for participation in such procedure by independent or governmental entities.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <chapeau>One or more warrantors may establish an informal dispute settlement procedure which meets the requirements of the Commission’s rules under paragraph (2). If—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>a warrantor establishes such a procedure,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>such procedure, and its implementation, meets the requirements of such rules, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>he incorporates in a written warranty a requirement that the consumer resort to such procedure before pursuing any legal remedy under this section respecting such warranty,</content></subparagraph> <continuation class="indent0 fontsize10">then (i) the consumer may not commence a civil action (other than a class action) under subsection (d) of this section unless he initially resorts to such procedure; and (ii) a class of consumers may not proceed in a class action under subsection (d) except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the named plaintiffs (upon notifying the defendant that they are named plaintiffs in a class action with respect to a warranty obligation) initially resort to such procedure. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure. In any civil action arising out of a warranty obligation <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t28/app">28 USC app.</ref></p></sidenote> and relating to a matter considered in such a procedure, any decision in such procedure shall be admissible in evidence.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>The Commission on its own initiative may, or upon written <sidenote><p class="indent0 firstIndent1 fontsize8">Review of dispute settlement procedures.</p></sidenote> complaint filed by any interested person shall, review the bona fide operation of any dispute settlement procedure resort to which is stated in a written warranty to be a prerequisite to pursuing a legal remedy under this section. If the Commission finds that such procedure or its implementation fails to comply with the requirements of the rules under paragraph (2), the Commission may take appropriate remedial action under any authority it may have under this title or any other provision of law.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>Until rules under paragraph (2) take effect, this subsection shall not affect the validity of any informal dispute settlement procedure respecting consumer warranties, but in any action under subsection (d), the court may invalidate any such procedure if it finds that such procedure is unfair.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>It shall be a violation of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)) for any person to fail to comply with any requirement imposed on such person by this title (or a rule thereunder) or to violate any prohibition contained in this title (or a rule thereunder).</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The district courts of the United States shall have jurisdiction <sidenote><p class="indent0 firstIndent1 fontsize8">Judicial enforcement.</p></sidenote> of any action brought by the Attorney General (in his capacity as such), or by the Commission by any of its attorneys designated by it for such purpose, to restrain (A) any warrantor from making a deceptive warranty with respect to a consumer product, or (B) any person from failing to comply with any requirement imposed on such person by or pursuant to this title or from violating any prohibition contained in this title. Upon proper showing that, weighing the equities and considering the Commission’s or Attorney General’s likelihood of ultimate success, such action would be in the public interest and after notice to the defendant, a temporary restraining order or preliminary injunction may be granted without bond. In the case of an <page identifier="/us/stat/88/2191">88 <inline class="smallCaps">Stat.</inline> 2191</page> action brought by the Commission, if a complaint under section 5 of the Federal Trade Commission Act is not filed within such period <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s45">15 USC 45.</ref></p></sidenote> (not exceeding 10 days) as may be specified by the court after the issuance of the temporary restraining order or preliminary injunction, the order or injunction shall be dissolved by the court and be of no further force and effect. Any suit shall be brought in the district in which such person resides or transacts business. Whenever it appears to the court that the ends of justice require that other persons should be parties in the action, the court may cause them to be summoned whether or not they reside in the district in which the court is held, and to that end process may be served in any district.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>For the purposes of this subsection, the term “deceptive warranty” <sidenote><p class="indent0 firstIndent1 fontsize8">“Deceptive warranty.”</p></sidenote> means (A) a written warranty which (i) contains an affirmation, promise, description, or representation which is either false or fraudulent, or which, in light of all of the circumstances, would mislead a reasonable individual exercising due care; or (ii) fails to contain information which is necessary in light of all of the circumstances, to make the warranty not misleading to a reasonable individual exercising due care; or (B) a written warranty created by the use of such terms as “guaranty” or “warranty”, if the terms and conditions of such warranty so limit its scope and application as to deceive a reasonable individual.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">Subject to subsections (a)(3) and (e), a consumer who is <sidenote><p class="indent0 firstIndent1 fontsize8">Civil suit.</p></sidenote> damaged by the failure of a supplier, warrantor, or service contractor to comply with any obligation under this title, or under a written warranty, implied warranty, or service contract, may bring suit for damages and other legal and equitable relief—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>in any court of competent jurisdiction in any State or the District of Columbia; or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>in an appropriate district court of the United States, subject to paragraph (3) of this subsection.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>If a consumer finally prevails in any action brought under paragraph (1) of this subsection, he may be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of cost and expenses (including attorneys’ fees based on actual time expended) determined by the court to have been reasonably incurred by the plaintiff for or in connection with the commencement and prosecution of such action, unless the court in its discretion shall determine that such an award of attorneys’ fees would be inappropriate.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <chapeau>No claim shall be cognizable in a suit brought under paragraph (1)(B) of this subsection—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>if the amount in controversy of any individual claim is less than the sum or value of $25;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>if the amount in controversy is less than the sum or value of $50,000 (exclusive of interests and costs) computed on the basis of all claims to be determined in this suit; or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>if the action is brought as a class action, and the number of named plaintiffs is less than one hundred.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>No action (other than a class action or an action respecting a warranty to which subsection (a)(3) applies) may be brought under subsection (d) for failure to comply with any obligation under any written or implied warranty or service contract, and a class of consumers may not proceed in a class action under such subsection with respect to such a failure except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the person obligated under the warranty or service contract is afforded a reasonable opportunity to cure such failure to comply. In the case of such a class action (other than a class action respecting a warranty to which subsection (a)(3) applies) brought <page identifier="/us/stat/88/2192">88 <inline class="smallCaps">Stat.</inline> 2192</page> under subsection (d) for breach of any written or implied warranty or service contract, such reasonable opportunity will be afforded by the named plaintiffs and they shall at that time notify the defendant that they are acting on behalf of the class. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t28/app">28 USC app.</ref></p></sidenote></content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>For purposes of this section, only the warrantor actually making a written affirmation of fact, promise, or undertaking shall be deemed to have created a written warranty, and any rights arising thereunder may be enforced under this section only against such warrantor and no other person.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">effect on other laws</inline></heading> <num value="111"><inline class="smallCaps">Sec.</inline> 111.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Nothing contained in this title shall be construed <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s2311">15 USC 2311.</ref></p></sidenote> to repeal, invalidate, or supersede the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any statute defined therein as an Antitrust Act.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Nothing in this title shall be construed to repeal, invalidate, or supersede the Federal Seed Act (7 U.S.C. 1551–1611) and nothing in this title shall apply to seed for planting.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Nothing in this title shall invalidate or restrict any right or remedy of any consumer under State law or any other Federal law.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Nothing in this title (other than sections 108 and 104(a) (2) and (4)) shall (A) affect the liability of, or impose liability on, any person for personal injury, or (B) supersede any provision of State law regarding consequential damages for injury to the person or other injury.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">Except as provided in subsection (b) and in paragraph (2) of this subsection, a State requirement—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>which relates to labeling or disclosure with respect to written warranties or performance thereunder;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>which is within the scope of an applicable requirement of sections 102, 103, and 104 (and rules implementing such sections), and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>which is not identical to a requirement of section 102, 103, or 104 (or a rule thereunder),</content></subparagraph> <continuation class="indent0 fontsize10">shall not be applicable to written warranties complying with such sections (or rules thereunder).</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>If, upon application of an appropriate State agency, the Commission determines (pursuant to rules issued in accordance with section 109) that any requirement of such State covering any transaction to which this title applies (A) affords protection to consumers greater than the requirements of this title and (B) does not unduly burden interstate commerce, then such State requirement shall be applicable (notwithstanding the provisions of paragraph (1) of this subsection) to the extent specified in such determination for so long as the State administers and enforces effectively any such greater requirement.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>This title (other than section 102(c)) shall be inapplicable to any written warranty the making or content of which is otherwise governed by Federal law. If only a portion of a written warranty is so governed by Federal law, the remaining portion shall be subject to this title.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">effective date</inline></heading> <num value="112"><inline class="smallCaps">Sec.</inline> 112.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Except as provided in subsection (b) of this section, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s2312">15 USC 2312.</ref></p></sidenote> this title shall take effect 6 months after the date of its enactment but shall not apply to consumer products manufactured prior to such date.</content></subsection> <page identifier="/us/stat/88/2193">88 <inline class="smallCaps">Stat.</inline> 2193</page> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 102(a) shall take effect 6 months after the final publication of rules respecting such section; except that the Commission, for good cause shown, may postpone the applicability of such sections until one year after such final publication in order to permit any designated classes of suppliers to bring their written warranties into compliance with rules promulgated pursuant to this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The Commission shall promulgate rules for initial implementation <sidenote><p class="indent0 firstIndent1 fontsize8">Rules.</p></sidenote> of this title as soon as possible after the date of enactment of this Act but in no event later than one year after such date.</content></subsection></section> <num value="II">TITLE II—</num><heading class="inline">FEDERAL TRADE COMMISSION IMPROVEMENTS</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">jurisdiction of commission</inline></heading> <num value="201"><inline class="smallCaps">Sec.</inline> 201.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 5 of the Federal Trade Commission Act (15 U.S.C. 45) is amended by striking out “<quotedText>in commerce</quotedText>” wherever it appears and inserting in lieu thereof “<quotedText>in or affecting commerce</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Subsections (a) and (b) of section 6 of the Federal Trade Commission Act (15 U.S.C. 46(a), (b)) are each amended by striking out “<quotedText>in commerce</quotedText>” and inserting in lieu thereof “<quotedText>in or whose business affects commerce</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Section 12 of the Federal Trade Commission Act (15 U.S.C. 52) is amended by striking out “<quotedText>in commerce</quotedText>” wherever it appears and inserting in lieu thereof in subsection (a) “<quotedText>in or having an effect upon commerce,</quotedText>” and in lieu thereof in subsection (b) “<quotedText>in or affecting commerce</quotedText>”.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">rulemaking</inline></heading> <num value="202"><inline class="smallCaps">Sec.</inline> 202.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is amended by redesignating section 18 as section 21, and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s58">15 USC 58.</ref></p></sidenote> inserting after section 17 the following new section:<quotedContent> <section class="firstIndent1 fontsize10"><num value="18"><inline class="smallCaps">“Sec.</inline> 18.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">The Commission may prescribe—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s57a">15 USC 57a.</ref></p></sidenote></chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>interpretive rules and general statements of policy with respect to unfair or deceptive acts or practices in or affecting commerce (within the meaning of section 5(a)(1) of this Act), and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>rules which define with specificity acts or practices which are unfair or deceptive acts or practices in or affecting commerce (within the meaning of such section 5(a)(1)). Rules under this subparagraph may include requirements prescribed for the purpose of preventing such acts or practices.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>The Commission shall have no authority under this Act, other than its authority under this section, to prescribe any rule with respect to unfair or deceptive acts or practices in or affecting commerce (within the meaning of section 5(a)(1)). The preceding sentence shall not affect any authority of the Commission to prescribe rules (including interpretive rules), and general statements of policy, with respect to unfair methods of competition in or affecting commerce.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>When prescribing a rule under subsection (a)(1)(B) of this section, the Commission shall proceed in accordance with section 553 of title 5, United States Code (without regard to any reference in such section to sections 556 and 557 of such title), and shall also (1) publish a notice of proposed rule stating with particularity the reason for the proposed rule; (2) allow interested persons to submit written data, views, and arguments, and make all such submissions publicly available; (3) provide an opportunity for an informal hearing in accordance with subsection (c); and (4) promul-<page identifier="/us/stat/88/2194">88 <inline class="smallCaps">Stat.</inline> 2194</page>gate, if appropriate, a final rule based on the matter in the rulemaking record (as defined in subsection (e)(1)(B)), together with a statement of basis and purpose.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <chapeau>The Commission shall conduct any informal hearings required <sidenote><p class="indent0 firstIndent1 fontsize8">Hearing procedure.</p></sidenote> by subsection (b)(3) of this section in accordance with the following procedure:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <chapeau>Subject to paragraph (2) of this subsection, an interested person is entitled—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>to present his position orally or by documentary submissions (or both), and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>if the Commission determines that there are disputed issues of material fact it is necessary to resolve, to present such rebuttal submissions and to conduct (or have conducted under paragraph (2)(B)) such cross-examination of persons as the Commission determines (i) to be appropriate, and (ii) to be required for a full and true disclosure with respect to such issues.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>The Commission may prescribe such rules and make such <sidenote><p class="indent0 firstIndent1 fontsize8">Rules.</p></sidenote> rulings concerning proceedings in such hearings as may tend to avoid unnecessary costs or delay. Such rules or rulings may include (A) imposition of reasonable time limits on each interested person’s oral presentations, and (B) requirements that any cross-examination to which a person may be entitled under paragraph (1) be conducted by the Commission on behalf of that person in such manner as the Commission determines (i) to be appropriate, and (ii) to be required for a full and true disclosure with respect to disputed issues of material fact.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">Except as provided in subparagraph (B), if a group of persons each of whom under paragraphs (1) and (2) would be entitled to conduct (or have conducted) cross-examination and who are determined by the Commission to have the same or similar interests in the proceeding cannot agree upon a single representative of such interests for purposes of cross-examination, the Commission may make rules and rulings (i) limiting the representation of such interest, for such purposes, and (ii) governing the manner in which such cross-examination shall be limited.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <content>When any person who is a member of a group with respect to which the Commission has made a determination under subparagraph (A) is unable to agree upon group representation with the other members of the group, then such person shall not be denied under the authority of subparagraph (A) the opportunity to conduct (or have conducted) cross-examination as to issues affecting his particular interests if (i) he satisfies the Commission that he has made a reasonable and good faith effort to reach agreement upon group representation with the other members of the group and (ii) the Commission determines that there are substantial and relevant issues which are not adequately presented by the group representative.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <content>A verbatim transcript shall be taken of any oral presentation, and cross-examination, in an informal hearing to which this subsection applies. Such transcript shall be available to the public.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Commission’s statement of basis and purpose to accompany <sidenote><p class="indent0 firstIndent1 fontsize8">Statement of basis and purpose, requirements.</p></sidenote> a rule promulgated under subsection (a)(1)(B) shall include (A) a statement as to the prevalence of the acts or practices treated by the rule; (B) a statement as to the manner and context in which such acts or practices are unfair or deceptive; and (C) a statement as to the economic effect of the rule, taking into account the effect on small business and consumers.</content></paragraph> <page identifier="/us/stat/88/2195">88 <inline class="smallCaps">Stat.</inline> 2195</page> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <subparagraph class="inline"><num value="A">(A)</num> <content class="inline">The term ‘Commission’ as used in this subsection and <sidenote><p class="indent0 firstIndent1 fontsize8">“Commission.”</p></sidenote> subsections (b) and (c) includes any person authorized to act in behalf of the Commission in any part of the rulemaking proceeding.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <content>A substantive amendment to, or repeal of, a rule promulgated under subsection (a)(1)(B) shall be prescribed, and subject to judicial review, in the same manner as a rule prescribed under such subsection. An exemption under subsection (g) shall not be treated as an amendment or repeal of a rule.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>When any rule under subsection (a)(1)(B) takes effect a subsequent violation thereof shall constitute an unfair or deceptive act or practice in violation of section 5(a)(1) of this Act, unless the Commission otherwise expressly provides in such rule.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num><paragraph class="inline"><num value="1">(1)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">Not later than 60 days after a rule is promulgated <sidenote><p class="indent0 firstIndent1 fontsize8">Judicial review.</p></sidenote> under subsection (a)(1)(B) by the Commission, any interested person (including a consumer or consumer organization) may file a petition, in the United States Court of Appeals for the District of Columbia circuit or for the circuit in which such person resides or has his principal place of business, for judicial review of such rule. Copies of the petition shall be forthwith transmitted by the clerk of the court to the Commission or other officer designated by it for that purpose. The provisions of section 2112 of title 28, United States Code, shall apply to the filing of the rulemaking record of proceedings on which the Commission based its rule and to the transfer of proceedings in the courts of appeals.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <content>For purposes of this section, the term ‘rulemaking record’ <sidenote><p class="indent0 firstIndent1 fontsize8">“Rulemaking record.”</p></sidenote> means the rule, its statement of basis and purpose, the transcript required by subsection (c)(4), any written submissions, and any other information which the Commission considers relevant to such rule.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>If the petitioner or the Commission applies to the court for leave to make additional oral submissions or written presentations and shows to the satisfaction of the court that such submissions and presentations would be material and that there were reasonable grounds for the submissions and failure to make such submissions and presentations in the proceeding before the Commission, the court may order the Commission to provide additional opportunity to make such submissions and presentations. The Commission may modify or set aside its rule or make a new rule by reason of the additional submissions and presentations and shall file such modified or new rule, and the rule’s statement of basis of purpose, with the return of such submissions and presentations. The court shall thereafter review such new or modified rule.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <chapeau>Upon the filing of the petition under paragraph (1) of this subsection, the court shall have jurisdiction to review the rule in accordance with chapter 7 of title 5, United States Code, and to grant <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s701">5 USC 701.</ref></p></sidenote> appropriate relief, including interim relief, as provided in such chapter. The court shall hold unlawful and set aside the rule on any ground specified in subparagraphs (A), (B), (C), or (D) of section 706(2) of title 5, United States Code (taking due account of the rule of prejudicial error), or if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the court finds that the Commission’s action is not supported by substantial evidence in the rulemaking record (as defined in paragraph (1)(B) of this subsection) taken as a whole, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <chapeau>the court finds that—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>a Commission determination under subsection (c) that the petitioner is not entitled to conduct cross-examination or make rebuttal submissions, or</content></clause> <page identifier="/us/stat/88/2196">88 <inline class="smallCaps">Stat.</inline> 2196</page> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>a Commission rule or ruling under subsection (c) limiting the petitioner’s cross-examination or rebuttal submissions,</content></clause> <continuation class="indent0 fontsize10">has precluded disclosure of disputed material facts which was necessary for fair determination by the Commission of the rule-making proceeding taken as a whole.</continuation></subparagraph> <continuation class="indent0 fontsize10">The term ‘evidence’, as used in this paragraph, means any matter in <sidenote><p class="indent0 firstIndent1 fontsize8">“Evidence.”</p></sidenote> the rulemaking record.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <content>The judgment of the court affirming or setting aside, in whole or in part, any such rule shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 1254 of title 28, United States Code.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">“(5)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">Remedies under the preceding paragraphs of this subsection are in addition to and not in lieu of any other remedies provided by law.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <content>The United States Courts of Appeal shall have exclusive jurisdiction of any action to obtain judicial review (other than in an enforcement proceeding) of a rule prescribed under subsection (a)(1)(B), if any district court of the United States would have had jurisdiction of such action but for this subparagraph. Any such action shall be brought in the United States Court of Appeals for the District of Columbia circuit, or for any circuit which includes a judicial district in which the action could have been brought but for this subparagraph.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">“(C)</num> <content>A determination, rule, or ruling of the Commission described in paragraph (3)(B)(i) or (ii) may be reviewed only in a proceeding under this subsection and only in accordance with paragraph (3)(B). Section 706(2)(E) of title 5, United States Code, shall not apply to any rule promulgated under subsection (a)(1)(B). The contents and adequacy of any statement required by subsection (b)(4) shall not be subject to judicial review in any respect.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">In order to prevent unfair or deceptive acts or practices <sidenote><p class="indent0 firstIndent1 fontsize8">Banks.</p></sidenote> in or affecting commerce (including acts or practices which are unfair or deceptive to consumers) by banks, each agency specified in paragraph (2) of this subsection shall establish a separate division of consumer affairs which shall receive and take appropriate action upon complaints with respect to such acts or practices by banks subject to its jurisdiction. The Board of Governors of the Federal Reserve <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> System shall prescribe regulations to carry out the purposes of this section, including regulations defining with specificity such unfair or deceptive acts or practices, and containing requirements prescribed for the purpose of preventing such acts or practices. Whenever the Commission prescribes a rule under subsection (a)(1)(B) of this section, then within 60 days after such rule takes effect such Board shall promulgate substantially similar regulations prohibiting acts or practices of banks which are substantially similar to those prohibited by rules of the Commission and which impose substantially similar requirements, unless such Board finds that (A) such acts or practices of banks are not unfair or deceptive, or (B) that implementation of similar regulations with respect to banks would seriously conflict with essential monetary and payments systems policies of the Board, and publishes any such finding, and the reasons therefor, in the Federal Register.</content><sidenote><p class="indent0 firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <chapeau>Compliance with regulations prescribed under this subsection shall be enforced under section 8 of the Federal Deposit Insurance Act, in the case of—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1818">12 USC 1818.</ref></p></sidenote></chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>national banks and banks operating under the code of law for the District of Columbia, by the division of consumer affairs established by the Comptroller of the Currency;</content></subparagraph> <page identifier="/us/stat/88/2197">88 <inline class="smallCaps">Stat.</inline> 2197</page> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>member banks of the Federal Reserve System (other than banks referred to in subparagraph (A)) by the division of consumer affairs established by the Board of Governors of the Federal Reserve System; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>banks insured by the Federal Deposit Insurance Corporation (other than banks referred to in subparagraph (A) or (B)), by the division of consumer affairs established by the Board of Directors of the Federal Deposit Insurance Corporation.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>For the purpose of the exercise by any agency referred to in paragraph (2) of its powers under any Act referred to in that paragraph, a violation of any regulation prescribed under this subsection shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in paragraph (2), each of the agencies referred to in that paragraph may exercise, for the purpose of enforcing compliance with any regulation prescribed under this subsection, any other authority conferred on it by law.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <content>The authority of the Board of Governors of the Federal Reserve System to issue regulations under this subsection does not impair the authority of any other agency designated in this subsection to make rules respecting its own procedures in enforcing compliance with regulations prescribed under this subsection.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">“(5)</num> <content>Each agency exercising authority under this subsection shall <sidenote><p class="indent0 firstIndent1 fontsize8">Report to Congress.</p></sidenote> transmit to the Congress not later than March 15 of each year a detailed report on its activities under this paragraph during the preceding calendar year.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="g">“(g)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Any person to whom a rule under subsection (a)(1)(B) <sidenote><p class="indent0 firstIndent1 fontsize8">Exemptions.</p></sidenote> of this section applies may petition the Commission for an exemption from such rule.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>If, on its own motion or on the basis of a petition under paragraph (1), the Commission finds that the application of a rule prescribed under subsection (a)(1)(B) to any person or class or persons is not necessary to prevent the unfair or deceptive act or practice to which the rule relates, the Commission may exempt such person or class from all or part of such rule. Section 553 of title 5, United States Code, shall apply to action under this paragraph.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>Neither the pendency of a proceeding under this subsection respecting an exemption from a rule, nor the pendency of judicial proceedings to review the Commission’s action or failure to act under this subsection, shall stay the applicability of such rule under subsection (a)(1)(B).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="h">“(h)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Commission may, pursuant to rules prescribed by it, <sidenote><p class="indent0 firstIndent1 fontsize8">Compensation.</p></sidenote> provide compensation for reasonable attorneys fees, expert witness fees, and other costs of participating in a rulemaking proceeding under this section to any person (A) who has, or represents, an interest (i) which would not otherwise be adequately represented in such proceeding, and (ii) representation of which is necessary for a fair determination of the rulemaking proceeding taken as a whole, and (B) who is unable effectively to participate in such proceeding because such person cannot afford to pay costs of making oral presentations, conducting cross-examination, and making rebuttal submissions in such proceeding.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>The aggregate amount of compensation paid under this subsection in any fiscal year to all persons who, in rulemaking proceedings in which they receive compensation, are persons who either (A) would be regulated by the proposed rule, or (B) represent persons who would <page identifier="/us/stat/88/2198">88 <inline class="smallCaps">Stat.</inline> 2198</page> be so regulated, may not exceed 25 percent of the aggregate amount paid as compensation under this subsection to all persons in such fiscal year.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>The aggregate amount of compensation paid to all persons in any fiscal year under this subsection may not exceed $1,000,000.”</content></paragraph></subsection></section></quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 6(g) of the Federal Trade Commission Act (15 U.S.C. 46(g)) is amended by inserting “<quotedText>(except as provided in section 18 (a)(2) of this Act)</quotedText>” before “<quotedText>to make rules and regulations</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The amendments made by subsections (a) and (b) of this <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s57a">15 USC 57a</ref> note.</p></sidenote> section shall not affect the validity of any rule which was promulgated under section 6(g) of the Federal Trade Commission Act prior to the date of enactment of this section. Any proposed rule under section 6(g) of such Act with respect to which presentation of data, views, and arguments was substantially completed before such date may be promulgated in the same manner and with the same validity as such rule could have been promulgated had this section not been enacted.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>If a rule described in paragraph (1) of this subsection is valid and if section 18 of the Federal Trade Commission Act would have <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 2193.</p></sidenote> applied to such rule had such rule been promulgated after the date of enactment of this Act, any substantive change in the rule after it has been promulgated shall be made in accordance with such section 18.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>The Federal Trade Commission and the Administrative Conference <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s57a">15 USC 57a</ref> note.</p> <p class="indent0 firstIndent1 fontsize8">Study and evaluation.</p> <p class="indent0 firstIndent1 fontsize8">Report to Congress.</p></sidenote> of the United States shall each conduct a study and evaluation of the rulemaking procedures under section 18 of the Federal Trade Commission Act and each shall submit a report of its study (including any legislative recommendations) to the Congress not later than 18 months after the date of enactment of this Act.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">investigative authority</inline></heading> <num value="203"><inline class="smallCaps">Sec.</inline> 203.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 6(a) of the Federal Trade Commission Act (15 U.S.C. 46(a)) is amended by striking out “<quotedText>corporation</quotedText>” and inserting “<quotedText>person, partnership, or corporation</quotedText>”; and by striking out “<quotedText>corporations and to individuals, associations, and partnerships</quotedText>”, and inserting in lieu thereof “<quotedText>persons, partnerships, and corporations</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 6(b) of such Act is amended by striking out “<quotedText>corporations</quotedText>” where it first appears and inserting in lieu thereof “<quotedText>persons, partnerships, and corporations</quotedText>”; and by striking out “<quotedText>respective corporations</quotedText>” and inserting in lieu thereof “<quotedText>respective persons, partnerships, and corporations</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The proviso at the end of section 6 of such Act is amended by striking out “<quotedText>any such corporation to the extent that such action is necessary to the investigation of any corporation, group of corporations,</quotedText>” and inserting in lieu thereof “<quotedText>any person, partnership, or corporation to the extent that such action is necessary to the investigation of any person, partnership, or corporation, group of persons, partnerships, or corporations,</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The first paragraph of section 9 of such Act (15 U.S.C. 49) is amended by striking out “<quotedText>corporation</quotedText>” where it first appears and inserting in lieu thereof “<quotedText>person, partnership, or corporation</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The third paragraph of section 9 of such Act is amended by striking out “<quotedText>corporation or other person</quotedText>” both places where it appears and inserting in each such place “<quotedText>person, partnership, or corporation</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The fourth paragraph of section 9 of such Act is amended by striking out “<quotedText>person or corporation</quotedText>” and inserting in lieu thereof “<quotedText>person, partnership, or corporation</quotedText>”.</content></paragraph></subsection> <page identifier="/us/stat/88/2199">88 <inline class="smallCaps">Stat.</inline> 2199</page> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The second paragraph of section 10 (15 U.S.C. 50) of such Act is amended by striking out “<quotedText>corporation</quotedText>” each place where it appears and inserting in lieu thereof in each such place “<quotedText>person, partnership, or corporation</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The third paragraph of section 10 of such Act is amended by striking out “<quotedText>corporation</quotedText>” where it first appears and inserting in lieu thereof “<quotedText>persons, partnership, or corporation</quotedText>”; and by striking out “<quotedText>in the district where the corporation has its principal office or in any district in which it shall do business</quotedText>” and inserting in lieu thereof “<quotedText>in the case of a corporation or partnership in the district where the corporation or partnership has its principal office or in any district in which it shall do business, and in the case of any person in the district where such person resides or has his principal place of business</quotedText>”.</content></paragraph></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">representation</inline></heading> <num value="204"><inline class="smallCaps">Sec.</inline> 204.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 16 of the Federal Trade Commission Act is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s56">15 USC 56.</ref></p></sidenote> amended to read as follows:<quotedContent> <section class="firstIndent1 fontsize10"><num value="16"><inline class="smallCaps">“Sec.</inline> 16.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">Except as otherwise provided in paragraph (2) or (3), if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>before commencing, defending, or intervening in, any civil action involving this Act (including an action to collect a civil penalty) which the Commission, or the Attorney General on behalf of the Commission, is authorized to commence, defend, or intervene in, the Commission gives written notification and undertakes to consult with the Attorney General with respect to such action; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the Attorney General fails within 45 days after receipt of such notification to commence, defend, or intervene in, such action;</content></subparagraph> <continuation class="indent0 fontsize10">the Commission may commence, defend, or intervene in, and supervise the litigation of, such action and any appeal of such action in its own name by any of its attorneys designated by it for such purpose.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <chapeau>Except as otherwise provided in paragraph (3), in any civil action—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>under section 13 of this Act (relating to injunctive <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s53">15 USC 53.</ref></p></sidenote> relief);</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>under section 19 of this Act (relating to consumer <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 2201.</p></sidenote> redress);</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>to obtain judicial review of a rule prescribed by the Commission, or a cease and desist order issued under section 5 of this Act; or<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s45">15 USC 45.</ref></p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>under the second paragraph of section 9 of this Act <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s49">15 USC 49.</ref></p></sidenote> (relating to enforcement of a subpena) and under the fourth paragraph of such section (relating to compliance with section 6 of this Act);</content></subparagraph> <continuation class="indent0 fontsize10">the Commission shall have exclusive authority to commence or defend, and supervise the litigation of, such action and any appeal of such action in its own name by any of its attorneys designated by it for such purpose, unless the Commission authorizes the Attorney General to do so. The Commission shall inform the Attorney General of the exercise of such authority and such exercise shall not preclude the Attorney General from intervening on behalf of the United States in such action and any appeal of such action as may be otherwise provided by law.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num><subparagraph class="inline"><num value="A">(A)</num> <chapeau class="inline">If the Commission makes a written request to the Attorney General, within the 10-day period which begins on the date of the entry of the judgment in any civil action in which the Commission <page identifier="/us/stat/88/2200">88 <inline class="smallCaps">Stat.</inline> 2200</page> represented itself pursuant to paragraph (1) or (2), to represent itself through any of its attorneys designated by it for such purpose before the Supreme Court in such action, it may do so, if—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the Attorney General concurs with such request; or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <chapeau>the Attorney General, within the 60-day period which begins on the date of the entry of such judgment—</chapeau><level> <num value="a">“(a)</num> <content>refuses to appeal or file a petition for writ of certiorari with respect to such civil action, in which case he shall give written notification to the Commission of the reasons for such refusal within such 60-day period; or</content></level> <level><num value="b">“(b)</num> <content>the Attorney General fails to take any action with respect to the Commission’s request.</content></level> </clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <content>In any case where the Attorney General represents the Commission before the Supreme Court in any civil action in which the Commission represented itself pursuant to paragraph (1) or (2), the Attorney General may not agree to any settlement, compromise, or dismissal of such action, or confess error in the Supreme Court with respect to such action, unless the Commission concurs.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">“(C)</num> <content>For purposes of this paragraph (with respect to representation <sidenote><p class="indent0 firstIndent1 fontsize8">“Attorney General.”</p></sidenote> before the Supreme Court), the term ‘Attorney General’ includes the Solicitor General.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <content>If, prior to the expiration of the 45-day period specified in paragraph (1) of this section or a 60-day period specified in paragraph (3), any right of the Commission to commence, defend, or intervene in, any such action or appeal may be extinguished due to any procedural requirement of any court with respect to the time in which any pleadings, notice of appeal, or other acts pertaining to such action or appeal may be taken, the Attorney General shall have one-half of the time required to comply with any such procedural requirement of the court (including any extension of such time granted by the court) for the purpose of commencing, defending, or intervening in the civil action pursuant to paragraph (1) or for the purpose of refusing to appeal or file a petition for writ of certiorari and the written notification or failing to take any action pursuant to paragraph 3(A)(ii).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">“(5)</num> <content>The provisions of this subsection shall apply notwithstanding chapter 31 of title 28, United States Code, or any other provision of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t28/s501">28 USC 501.</ref></p></sidenote> law.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Whenever the Commission has reason to believe that any person, partnership, or corporation is liable for a criminal penalty under this Act, the Commission shall certify the facts to the Attorney General, whose duty it shall be to cause appropriate criminal proceedings to be brought.”</content></subsection></section></quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 5(m) of such Act is repealed.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s45">15 USC 45.</ref></p></sidenote></content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The amendment and repeal made by this section shall not apply <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s56">15 USC 56</ref> note.</p></sidenote> to any civil action commenced before the date of enactment of this Act.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">civil penalties for knowing violations</inline></heading> <num value="205"><inline class="smallCaps">Sec.</inline> 205.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 5 of the Federal Trade Commission Act (15 U.S.C. 45(a)) is amended by inserting after subsection (1) the following new subsection:<quotedContent> <subsection class="indent0 fontsize10"><num value="m">“(m)</num><paragraph class="inline"><num value="1">(1)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">The Commission may commence a civil action to recover a civil penalty in a district court of the United States against any person, partnership, or corporation which violates any rule under this Act respecting unfair or deceptive acts or practices (other than an interpretive rule or a rule violation of which the Commission has provided is not an unfair or deceptive act or practice in violation of <page identifier="/us/stat/88/2201">88 <inline class="smallCaps">Stat.</inline> 2201</page> subsection (a)(1)) with actual knowledge or knowledge fairly implied on the basis of objective circumstances that such act is unfair or deceptive and is prohibited by such rule. In such action, such person, partnership, or corporation shall be liable for a civil penalty of not more than $10,000 for each violation.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <content><p>If the Commission determines in a proceeding under subsection (b) that any act or practice is unfair or deceptive, and issues a final cease and desist order with respect to such act or practice, then the Commission may commence a civil action to obtain a civil penalty in a district court of the United States against any person, partnership, or corporation which engages in such act or practice—</p><list> <listItem class="firstIndent1 fontsize10"><listContent>“(1) after such cease and desist order becomes final (whether or not such person, partnership, or corporation was subject to such cease and desist order), and</listContent></listItem> <listItem class="firstIndent1 fontsize10"><listContent>“(2) with actual knowledge that such act or practice is unfair or deceptive and is unlawful under subsection (a)(1) of this section.</listContent></listItem></list> <p class="firstIndent0 fontsize10">In such action, such person, partnership, or corporation shall be liable for a civil penalty of not more than $10,000 for each violation.</p></content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">“(C)</num> <content>In the case of a violation through continuing failure to comply with a rule or with section 5(a)(1), each day of continuance of such failure shall be treated as a separate violation, for purposes of subparagraphs (A) and (B). In determining the amount of such a civil penalty, the court shall take into account the degree of culpability, any history of prior such conduct, ability to pay, effect on ability to continue to do business, and such other matters as justice may require.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>If the cease and desist order establishing that the act or practice is unfair or deceptive was not issued against the defendant in a civil penalty action under paragraph (1)(B) the issues of fact in such action against such defendant shall be tried de novo.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>The Commission may compromise or settle any action for a civil penalty if such compromise or settlement is accompanied by a public statement of its reasons and is approved by the court.”</content></paragraph></subsection></quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The amendment made by subsection (a) of this section shall <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s45">15 USC 45</ref> note.</p></sidenote> not apply to any violation, act, or practice to the extent that such violation, act, or practice occurred before the date of enactment of this Act.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">consumer redress</inline></heading> <num value="206"><inline class="smallCaps">Sec.</inline> 206.</num> <subsection class="inline"><num value="a">(a)</num> <content>The Federal Trade Commission Act (15 U.S.C. 45(a)) is amended by inserting after section 18 the following new section:<quotedContent> <section class="firstIndent1 fontsize10"><num value="19"><inline class="smallCaps">“Sec.</inline> 19.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">If any person, partnership, or corporation violates <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s57b">15 USC 57b.</ref></p></sidenote> any rule under this Act respecting unfair or deceptive acts or practices (other than an interpretive rule, or a rule violation of which the Commission has provided is not an unfair or deceptive act or practice in violation of section 5(a)), then the Commission may commence a civil action against such person, partnership, or corporation for relief under subsection (b) in a United States district court or in any court of competent jurisdiction of a State.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>If any person, partnership, or corporation engages in any unfair or deceptive act or practice (within the meaning of section 5(a)(1)) with respect to which the Commission has issued a final cease and desist order which is applicable to such person, partnership, or corporation, then the Commission may commence a civil action against such person, partnership, or corporation in a United States district court or in any court of competent jurisdiction of a State. If the Commission satisfies the court that the act or practice to which the cease and desist order relates is one which a reasonable man would <page identifier="/us/stat/88/2202">88 <inline class="smallCaps">Stat.</inline> 2202</page> have known under the circumstances was dishonest or fraudulent, the court may grant relief under subsection (b).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The court in an action under subsection (a) shall have jurisdiction to grant such relief as the court finds necessary to redress injury to consumers or other persons, partnerships, and corporations resulting from the rule violation or the unfair or deceptive act or practice, as the case may be. Such relief may include, but shall not be limited to, rescission or reformation of contracts, the refund of money or return of property, the payment of damages, and public notification respecting the rule violation or the unfair or deceptive act or practice, as the case may be; except that nothing in this subsection is intended to authorize the imposition of any exemplary or punitive damages.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">If (A) a cease and desist order issued under section 5(b) has become final under section 5(g) with respect to any person’s, partnership’s, or corporation’s rule violation or unfair or deceptive act or practice, and (B) an action under this section is brought with respect to such person’s partnership’s, or corporation’s rule violation or act or practice, then the findings of the Commission as to the material facts in the proceeding under section 5(b) with respect to such person’s, partnership’s, or corporation’s rule violation or act or practice, shall be conclusive unless (i) the terms of such cease and desist order expressly provide that the Commission’s findings shall not be conclusive, or (ii) the order became final by reason of section 5(g)(1), in which case such finding shall be conclusive if supported by evidence.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>The court shall cause notice of an action under this section to <sidenote><p class="indent0 firstIndent1 fontsize8">Notice.</p></sidenote> be given in a manner which is reasonably calculated, under all of the circumstances, to apprise the persons, partnerships, and corporations allegedly injured by the defendant’s rule violation or act or practice of the pendency of such action. Such notice may, in the discretion of the court, be given by publication.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>No action may be brought by the Commission under this section <sidenote><p class="indent0 firstIndent1 fontsize8">Statute of limitations.</p></sidenote> more than 3 years after the rule violation to which an action under subsection (a)(1) relates, or the unfair or deceptive act or practice to which an action under subsection (a)(2) relates; except that if a cease and desist order with respect to any person’s, partnership’s, or corporation’s rule violation or unfair or deceptive act or practice has become final and such order was issued in a proceeding under section 5(b) which was commenced not later than 3 years after the rule violation or act or practice occurred, a civil action may be commenced under this section against such person, partnership, or corporation at any time before the expiration of one year after such order becomes final.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <content>Remedies provided in this section are in addition to, and not in lieu of, any other remedy or right of action provided by State or Federal law. Nothing in this section shall be construed to affect any authority of the Commission under any other provision of law.”</content></subsection></section></quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>The amendment made by subsection (a) of this section shall <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s57b">15 USC 57b</ref> note.</p></sidenote> not apply to—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>any violation of a rule to the extent that such violation occurred before the date of enactment of this Act, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>any act or practice with respect to which the Commission issues a cease-and-desist order, to the extent that such act or practice occurred before the date of enactment of this Act, unless such order was issued after such date and the person, partnership or corporation against whom such an order was issued had been notified in the complaint, or in the notice or order attached thereto, that consumer redress may be sought.</content></paragraph></subsection></section> <page identifier="/us/stat/88/2203">88 <inline class="smallCaps">Stat.</inline> 2203</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">authorization of appropriations</inline></heading> <num value="207"><inline class="smallCaps">Sec.</inline> 207.</num> <content>The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is amended by inserting after section 19 the following new section:<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 2201.</p></sidenote><quotedContent> <section class="firstIndent1 fontsize10"><num value="20"><inline class="smallCaps">“Sec.</inline> 20.</num> <content>There are authorized to be appropriated to carry out the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s57c">15 USC 57c.</ref></p></sidenote> functions, powers, and duties of the Federal Trade Commission not to exceed $42,000,000 for the fiscal year ending June 30, 1975; not to exceed $46,000,000 for the fiscal year ending June 30, 1976; and not to exceed $50,000,000 for the fiscal year ending in 1977. For fiscal years ending after 1977, there may be appropriated to carry out such functions, powers, and duties, only such sums as the Congress may hereafter authorize by law.”</content></section></quotedContent></content></section> Approved January 4, 1975.
Public Law 93–638: To provide maximum Indian participation in the Government and education of the Indian people; to provide for the full participation of Indian tribes in programs and services conducted by the Federal Government for Indians and to encourage the development of human resources of the Indian people; to establish a program of assistance to upgrade Indian education; to support the right of Indian citizens to control their own educational activities; and for other purposes. Public Law 638 Public Law 93–638 1975-01-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–638
AN ACT To provide maximum Indian participation in the Government and education of the Indian people; to provide for the full participation of Indian tribes in programs and services conducted by the Federal Government for Indians and to encourage the development of human resources of the Indian people; to establish a program of assistance to upgrade Indian education; to support the right of Indian citizens to control their own educational activities; and for other purposes.

January 4, 1975

[S. 1017]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Indian Self-Determination and Education Assistance Act.

25 USC 450 note.

 be cited as the “Indian Self-Determination and Education Assistance Act”.
congressional findings Sec. 2. (a) The Congress, after careful review of the Federal

25 USC 450.

 Government’s historical and special legal relationship with, and resulting responsibilities to, American Indian people, finds that— (1) the prolonged Federal domination of Indian service programs has served to retard rather than enhance the progress of Indian people and their communities by depriving Indians of the full opportunity to develop leadership skills crucial to the realization of self-government, and has denied to the Indian people an effective voice in the planning and implementation of programs for the benefit of Indians which are responsive to the true needs of Indian communities; and (2) the Indian people will never surrender their desire to control their relationships both among themselves and with non-Indian governments, organizations, and persons. (b) The Congress further finds that— (1) true self-determination in any society of people is dependent upon an educational process which will insure the development of qualified people to fulfill meaningful leadership roles; (2) the Federal responsibility for and assistance to education of Indian children has not effected the desired level of educational achievement or created the diverse opportunities and personal satisfaction which education can and should provide; and (3) parental and community control of the educational process is of crucial importance to the Indian people.
declaration of policy Sec. 3. (a) The Congress hereby recognizes the obligation of the

25 USC 450a.

 88 Stat. 2204 United States to respond to the strong expression of the Indian people for self-determination by assuring maximum Indian participation in the direction of educational as well as other Federal services to Indian communities so as to render such services more responsive to the needs and desires of those communities. (b) The Congress declares its commitment to the maintenance of the Federal Government’s unique and continuing relationship with and responsibility to the Indian people through the establishment of a meaningful Indian self-determination policy which will permit an orderly transition from Federal domination of programs for and services to Indians to effective and meaningful participation by the Indian people in the planning, conduct, and administration of those programs and services. (c) The Congress declares that a major national goal of the United States is to provide the quantity and quality of educational services and opportunities which will permit Indian children to compete and excel in the life areas of their choice, and to achieve the measure of self-determination essential to their social and economic well-being.
definitions Sec. 4. For the purposes of this Act, the term—

25 USC 450b.

 (a) “Indian” means a person who is a member of an Indian tribe; (b) “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; (c) “Tribal organization” means the recognized governing body of any Indian tribe; any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities: Provided, That in any case where a contract is let or grant made to an organization to perform services benefitting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant; (d) “Secretary”, unless otherwise designated, means the Secretary of the Interior; (f) “State education agency” means the State board of education or other agency or officer primarily responsible for supervision by the State of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law.
reporting and audit requirements Sec. 5. (a) Each recipient of Federal financial assistance from the

Recordkeeping.

25 USC 450c.

 Secretary of Interior or the Secretary of Health, Education, and Welfare, under this Act, shall keep such records as the appropriate Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the cost of the project or undertaking in connection with which such assistance is given or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and 88 Stat. 2205 such other records as will facilitate an effective audit. (b) The Comptroller General and the appropriate Secretary, or any of their duly authorized representatives, shall, until the expiration of three years after completion of the project or undertaking referred to in the preceding subsection of this section, have access (for the purpose of audit and examination) to any books, documents, papers, and records of such recipients which in the opinion of the Comptroller General or the appropriate Secretary may be related or pertinent to the grants, contracts, subcontracts, subgrants, or other arrangements referred to in the preceding subsection. (c) Each recipient of Federal financial assistance referred to in subsection (a) of this section shall make such reports and information available to the Indian people served or represented by such recipient as and in a manner determined to be adequate by the appropriate Secretary. (d) Any funds paid to a financial assistance recipient referred to in subsection (a) of this section and not expended or used for the purposes for which paid shall be repaid to the Treasury of the United States.
penalties Sec. 6. Whoever, being an officer, director, agent, or employee of,

25 USC 450d.

 or connected in any capacity with, any recipient of a contract, subcontract, grant, or subgrant pursuant to this Act or the Act of April 16, 1934 (48 Stat. 596), as amended, embezzles, willfully misapplies,

25 USC 452.

 steals, or obtains by fraud any of the money, funds, assets, or property which are the subject of such a grant, subgrant, contract, or subcontract, shall be fined not more than $10,000 or imprisoned for not more than two years, or both, but if the amount so embezzled, misapplied, stolen, or obtained by fraud does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both.
wage and labor standards Sec. 7. (a) All laborers and mechanics employed by contractors of

25 USC 450e.

 subcontractors in the construction, alteration, or repair, including painting or decorating of buildings or other facilities in connection with contracts or grants entered into pursuant to this Act, shall be paid wages at not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with the Davis-Bacon Act of March 3, 1931 (46 Stat. 1494), as amended. With respect to construction, alteration, or repair work to

40 USC 276a note.

5 USC app. II.

 which the Act of March 3, 1921 is applicable under the terms of this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C. 276c). (b) Any contract, subcontract, grant, or subgrant pursuant to this Act, the Act of April 16, 1934 (48 Stat. 596), as amended, or any other

25 USC 452.

 Act authorizing Federal contracts with or grants to Indian organizations or for the benefit of Indians, shall require that to the greatest extent feasible— (1) preferences and opportunities for training and employment in connection with the administration of such contracts or grants shall be given to Indians; and (2) preference in the award of subcontracts and subgrants in connection with the administration of such contracts or grants shall be given to Indian organizations and to Indian-owned economic enterprises as defined in section 3 of the Indian Financing Act of 1974 (88 Stat. 77).

25 USC 1452.

88 Stat. 2206
carryover of funds Sec. 8. The provisions of any other laws to the contrary notwithstanding,

25 USC 13a.

 any funds appropriated pursuant to the Act of November 2, 1921 (42 Stat. 208), for any fiscal year which are not obligated and

25 USC 13, 52a.

 expended prior to the beginning of the fiscal year succeeding the fiscal year for which such funds were appropriated shall remain available for obligation and expenditure during such succeeding fiscal year.
<num value="I">TITLE I—</num><heading class="inline">INDIAN SELF-DETERMINATION ACT</heading> <section class="firstIndent1 fontsize10"><num value="101"><inline class="smallCaps">Sec.</inline> 101.</num> <content>This title may be cited as the “<shortTitle role="title">Indian Self-Determination <sidenote><p class="indent0 firstIndent1 fontsize8">Citation of title.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s450f">25 USC 450f</ref> note.</p></sidenote> Act</shortTitle>”.</content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">contracts by the secretary of the interior</inline></heading> <num value="102"><inline class="smallCaps">Sec.</inline> 102.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary of the Interior is directed, upon the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s450f">25 USC 450f.</ref></p></sidenote> request of any Indian tribe, to enter into a contract or contracts with any tribal organization of any such Indian tribe to plan, conduct, and administer programs, or portions thereof, provided for in the Act of April 16, 1934 (48 Stat. 596), as amended by this Act, any other <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s452">25 USC 452.</ref></p></sidenote> program or portion thereof which the Secretary of the Interior is authorized to administer for the benefit of Indians under the Act of November 2, 1921 (42 Stat. 208), and any Act subsequent thereto: <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s13/s52a">25 USC 13, 52a.</ref></p></sidenote> <proviso><i>Provided, however</i>, That the Secretary may initially decline to enter into any contract requested by an Indian tribe if he finds that: (1) the service to be rendered to the Indian beneficiaries of the particular program or function to be contracted will not be satisfactory; (2) adequate protection of trust resources is not assured, or (3) the proposed project or function to be contracted for cannot be properly completed or maintained by the proposed contract:</proviso> <proviso><i>Provided further</i>, That in arriving at his finding, the Secretary shall consider whether the tribe or tribal organization would be deficient in performance under the contract with respect to (A) equipment, (B) bookkeeping and accounting procedures, (C) substantive knowledge of the program to be contracted for, (D) community support for the contract, (E) adequately trained personnel, or (F) other necessary components of contract performance.</proviso></content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Whenever the Secretary declines to enter into a contract or contracts pursuant to subsection (a) of this section, he shall (1) state his objections in writing to the tribe within sixty days, (2) provide to the extent practicable assistance to the tribe or tribal organization to overcome his stated objections, and (3) provide the tribe with a hearing, under such rules and regulations as he may promulgate, and the opportunity for appeal on the objections raised.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The Secretary is authorized to require any tribe requesting that he enter into a contract pursuant to the provisions of this title to obtain adequate liability insurance: <proviso><i>Provided, however</i>, That each such policy of insurance shall contain a provision that the insurance carrier shall waive any right it may have to raise as a defense the tribe’s sovereign immunity from suit, but that such waiver shall extend only to claims the amount and nature of which are within the coverage and limits of the policy and shall not authorize or empower such insurance carrier to waive or otherwise limit the tribe’s sovereign immunity outside or beyond the coverage and limits of the policy of insurance.</proviso></content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">contracts by the secretary of health, education, and welfare</inline></heading> <num value="103"><inline class="smallCaps">Sec.</inline> 103.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary of Health, Education, and Welfare is <sidenote> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s450g">25 USC 450g.</ref></p></sidenote> directed, upon the request of any Indian tribe, to enter into a contract or contracts with any tribal organization of any such Indian tribe to carry out any or all of his functions, authorities, and responsibilities <page identifier="/us/stat/88/2207">88 <inline class="smallCaps">Stat.</inline> 2207</page> under the Act of August 5, 1954 (68 Stat. 674), as amended: <proviso><i>Provided, however</i>, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2001">42 USC 2001.</ref></p></sidenote> That the Secretary may initially decline to enter into any contract requested by an Indian tribe if he finds that: (1) the service to be rendered to the Indian beneficiaries of the particular program or function to be contracted for will not be satisfactory; (2) adequate protection of trust resources is not assured; or (3) the proposed project or function to be contracted for cannot be properly completed or maintained by the proposed contract:</proviso> <proviso><i>Provided further</i>, That the Secretary of Health, Education, and Welfare, in arriving at his finding, shall consider whether the tribe or tribal organization would be deficient in performance under the contract with respect to (A) equipment, (B) bookkeeping and accounting procedures, (C) substantive knowledge of the program to be contracted for, (D) community support for the contract, (E) adequately trained personnel, or (F) other necessary components of contract performance.</proviso></content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Whenever the Secretary of Health, Education, and Welfare declines to enter into a contract or contracts pursuant to subsection (a) of this section, he shall (1) state his objections in writing to the tribe within sixty days; (2) provide, to the extent practicable, assistance to the tribe or tribal organization to overcome his stated objections; and (3) provide the tribe with a hearing, under such rules and regulations <sidenote><p class="indent0 firstIndent1 fontsize8">Hearing.</p></sidenote> as he shall promulgate, and the opportunity for appeal on the objections raised.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The Secretary of Health, Education, and Welfare is authorized <sidenote><p class="indent0 firstIndent1 fontsize8">Liability insurance.</p></sidenote> to require any tribe requesting that he enter into a contract pursuant to the provisions of this title to obtain adequate liability insurance: <proviso><i>Provided, however</i>, That each such policy of insurance shall contain a provision that the insurance carrier shall waive any right it may have to raise as a defense the tribe’s sovereign immunity from suit, but that such waiver shall extend only to claims the amount and nature of which are within the coverage and limits of the policy and shall not authorize or empower such insurance carrier to waive or otherwise limit the tribe’s sovereign immunity outside or beyond the coverage and limits of the policy of insurance.</proviso></content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">grants to indian tribal organizations</inline></heading> <num value="104"><inline class="smallCaps">Sec.</inline> 104.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Secretary of the Interior is authorized, upon the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s450h">25 USC 450h.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s13/s52a">25 USC 13, 52a.</ref></p></sidenote> request of any Indian tribe (from funds appropriated for the benefit of Indians pursuant to the Act of November 2, 1921 (42 Stat. 208), and any Act subsequent thereto) to contract with or make a grant or grants to any tribal organization for—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the strengthening or improvement of tribal government (including, but not limited to, the development, improvement, and administration of planning, financial management, or merit personnel systems; the improvement of tribally funded programs or activities; or the development, construction, improvement, maintenance, preservation, or operation of tribal facilities or resources);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the planning, training, evaluation of other activities designed to improve the capacity of a tribal organization to enter into a contract or contracts pursuant to section 102 of this Act and the additional costs associated with the initial years of operation under such a contract or contracts;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>the acquisition of land in connection with items (1) and (2) above: <proviso><i>Provided</i>, That in the case of land within reservation boundaries or which adjoins on at least two sides lands held in trust by the United States for the tribe or for individual Indians, the Secretary of Interior may (upon request of the tribe) acquire such land in trust for the tribe;</proviso> or</content></paragraph> <page identifier="/us/stat/88/2208">88 <inline class="smallCaps">Stat.</inline> 2208</page> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>the planning, designing, monitoring, and evaluating of Federal programs serving the tribe.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>The Secretary of Health, Education, and Welfare may, in accordance with regulations adopted pursuant to section 107 of this Act, make grants to any Indian tribe or tribal organization for—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the development, construction, operation, provision, or maintenance of adequate health facilities or services including the training of personnel for such work, from funds appropriated to the Indian Health Service for Indian health services or Indian health facilities; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>planning, training, evaluation or other activities designed to improve the capacity of a tribal organization to enter into a contract or contracts pursuant to section 103 of this Act.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The provisions of any other Act notwithstanding, any funds made available to a tribal organization under grants pursuant to this section may be used as matching shares for any other Federal grant programs which contribute to the purposes for which grants under this section are made.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">personnel</inline></heading> <num value="105"><inline class="smallCaps">Sec.</inline> 105.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 3371(2) of chapter 33 of title 5, United States Code, is amended (1) by deleting the word “<quotedText>and</quotedText>” immediately after the semicolon in clause (A); (2) by deleting the period at the end of clause (B) and inserting in lieu thereof a semicolon and the word “<quotedText>and</quotedText>”; and (3) by adding at the end thereof the following new clause:<quotedContent> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village as defined in the Alaska Native Claims Settlement Act (85 Stat. 688), which <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s1601">43 USC 1601</ref> note.</p></sidenote> is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians and includes any tribal organization as defined in section 4(c) of the Indian Self-Determination and Education Assistance Act.”</content><sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 2204.</p></sidenote></subparagraph></quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The Act of August 5, 1954 (68 Stat. 674), as amended, is further amended by adding a new section 8 after section 7 of the Act, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2004a">42 USC 2004a.</ref></p></sidenote> as follows:<quotedContent> <section class="firstIndent1 fontsize10"><num value="8"><inline class="smallCaps">“Sec.</inline> 8.</num> <content>In accordance with subsection (d) of section 214 of the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2004b">42 USC 2004b.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s215">42 USC 215.</ref></p></sidenote> Public Health Service Act (58 Stat. 690), as amended, upon the request of any Indian tribe, band, group, or community, commissioned officers of the Service may be assigned by the Secretary for the purpose of assisting such Indian tribe, group, band, or community in carrying out the provisions of contracts with, or grants to, tribal organizations pursuant to section 102, 103, or 104 of the Indian Self-Determination and Education Assistance Act”.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> pp. 2206, 2207.</p></sidenote></section></quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Paragraph (2) of subsection (a) of section 6 of the Military <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t50/456">50 USC app. 456.</ref></p></sidenote> Selective Service Act of 1967 (81 Stat. 100), as amended, is amended by inserting after the words “<quotedText>Environmental Science Services Administration</quotedText>” the words “<quotedText>or who are assigned to assist Indian tribes, groups, bands, or communities pursuant to the Act of August 5, 1954 (68 Stat. 674), as amended</quotedText>”.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2001">42 USC 2001.</ref></p></sidenote></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <chapeau>Section 502 of the Intergovernmental Personnel Act of 1970 (84 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4762">42 USC 4762.</ref></p></sidenote> Stat. 1909, 1925) is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by deleting the word “<quotedText>and</quotedText>” after paragraph (3);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by deleting the period after paragraph (4) and inserting in lieu thereof a semicolon and the word “<quotedText>and</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by adding at the end thereof the following new paragraph:<quotedContent> <paragraph class="indent0 fontsize10"><num value="5">“(5)</num> <content>Notwithstanding the population requirements of section 203(a) and 303(c) of this Act, a ‘local government’ and a ‘general <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4723/s4743">42 USC 4723, 4743.</ref></p></sidenote> local government’ also mean the recognized governing body of an Indian tribe, band, pueblo, or other organized group or com-<page identifier="/us/stat/88/2209">88 <inline class="smallCaps">Stat.</inline> 2209</page>munity, including any Alaska Native village, as defined in the Alaska Native Claims Settlement Act (85 Stat. 688), which performs <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1601">42 USC 1601</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4723/s4743">42 USC 4723, 4743.</ref></p></sidenote> substantial governmental functions. The requirements of sections 203(c) and 303(d) of this Act, relating to reviews by the Governor of a State, do not apply to grant applications from the governing body of an Indian tribe, although nothing in this Act is intended to discourage or prohibit voluntary communication and cooperation between Indian tribes and State and local governments.”</content></paragraph></quotedContent></content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <chapeau>Notwithstanding any other law, executive order, or administrative <sidenote><p class="indent0 firstIndent1 fontsize8">Certain tribal organization employees, coverage, rights, and benefits.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s450i">25 USC 450i.</ref></p></sidenote> regulation, an employee serving under an appointment not limited to one year or less who leaves Federal employment to be employed by a tribal organization on or before December 31, 1985, in connection with governmental or other activities which are or have been performed by employees in or for Indian communities is entitled, if the employee and the tribal organization so elect, to the following:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <chapeau>To retain coverage, rights, and benefits under subchapter I <sidenote><p class="indent0 firstIndent1 fontsize8">Work injuries, compensation.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s8101">5 USC 8101.</ref></p></sidenote> of chapter 81 (“Compensation for Work Injuries”) of title 5, United States Code, and for this purpose his employment with the tribal organization shall be deemed employment by the United States. However, if an injured employee, or his dependents in case of his death, receives from the tribal organization any payment (including an allowance, gratuity, payment under an insurance policy for which the premium is wholly paid by the tribal organization, or other benefit of any kind) on account of the same injury or death, the amount of that payment shall be credited against any benefit payable under subchapter I of chapter 81 of title 5, United States Code, as follows:</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>payments on account of injury or disability shall be credited against disability compensation payable to the injured employee; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>payments on account of death shall be credited against death compensation payable to dependents of the deceased employee.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>To retain coverage, rights, and benefits under chapter 83 <sidenote><p class="indent0 firstIndent1 fontsize8">Retirement.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s8301">5 USC 8301.</ref></p></sidenote> (“Retirement”) of title 5, United States Code, if necessary employee deductions and agency contributions in payment for coverage, rights, and benefits for the period of employment with the tribal organization are currently deposited in the Civil Service Retirement and Disability Fund (section 8348 of title 5, United States Code); and the period during which coverage, rights, and benefits are retained under this paragraph is deemed creditable service under section 8332 of title 5, United States Code. Days of unused sick leave to the credit of an employee under a formal leave system at the time the employee leaves Federal employment to be employed by a tribal organization remain to his credit for retirement purposes during covered service with the tribal organization.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>To retain coverage, rights, and benefits under chapter 89 <sidenote><p class="indent0 firstIndent1 fontsize8">Health insurance.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s8901">5 USC 8901.</ref></p></sidenote> (“Health Insurance”) of title 5, United States Code, if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the tribal organization are currently deposited in the Employee’s Health Benefit Fund (section 8909 of title 5, United States Code); and the period during which coverage, rights, and benefits are retained under this paragraph is deemed service as an employee under chapter 89 of title 5, United States Code.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>To retain coverage, rights, and benefits under chapter 87 <sidenote><p class="indent0 firstIndent1 fontsize8">Life insurance.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s8701">5 USC 8701.</ref></p></sidenote> (“Life Insurance”) of title 5, United States Code, if necessary <page identifier="/us/stat/88/2210">88 <inline class="smallCaps">Stat.</inline> 2210</page> employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the tribal organizations are currently deposited in the Employee”s Life Insurance Fund (section 8714 of title 5, United States Code); and the period during which coverage, rights, and benefits are retained under this paragraph is deemed service as an employee under chapter 87 of title 5, United States Code.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s8701">5 USC 8701.</ref></p></sidenote></content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>During the period an employee is entitled to the coverage, rights, and benefits pursuant to the preceding subsection, the tribal organization employing such employee shall deposit currently in the appropriate funds the employee deductions and agency contributions required by paragraphs (2), (3), and (4) of such preceding subsection.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>An employee who is employed by a tribal organization under subsection (e) of this section and such tribal organization shall make the election to retain the coverages, rights, and benefits in paragraphs (1), (2), (3), and (4) of such subsection (e) before the date of his employment by a tribal organization. An employee who is employed by a tribal organization under subsection (e) of this section shall continue to be entitled to the benefits of such subsection if he is employed by another tribal organization to perform service in activities of the type described in such subsection.</content></subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num> <content>For the purposes of subsections (e), (f), and (g) of this section, <sidenote><p class="indent0 firstIndent1 fontsize8">“Employee.”</p></sidenote> the term “employee” means an employee as defined in section 2105 of title 5, United States Code.</content></subsection> <subsection class="indent0 fontsize10"><num value="i">(i)</num> <content>The President may prescribe regulations necessary to carry out <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> the provisions of subsections (e), (f), (g), and (h) of this section and to protect and assure the compensation, retirement, insurance, leave, reemployment rights, and such other similar civil service employment rights as he finds appropriate.</content></subsection> <subsection class="indent0 fontsize10"><num value="j">(j)</num> <content>Anything in sections 205 and 207 of title 18, United States Code to the contrary notwithstanding, officers and employees of the United States assigned to an Indian tribe as authorized under section 3372 of title 5, United States Code, or section 2072 of the Revised Statutes (25 U.S.C. 48) and former officers and employees of the United States employed by Indian tribes may act as agents or attorneys for or appear on behalf of such tribes in connection with any matter pending before any department, agency, court, or commission, including any matter in which the United States is a party or has a direct and substantial interest: <proviso><i>Provided</i>, That each such officer or employee or former officer or employee must advise in writing the head of the department, agency, court, or commission with which he is dealing or appearing on behalf of the tribe of any personal and substantial involvement he may have had as an officer or employee of the United States in connection with the matter involved.</proviso></content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">administrative provisions</inline></heading> <num value="106"><inline class="smallCaps">Sec.</inline> 106.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Contracts with tribal organizations pursuant to sections <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s450j">25 USC 450j.</ref></p></sidenote> 102 and 103 of this Act shall be in accordance with all Federal contracting laws and regulations except that, in the discretion of the appropriate Secretary, such contracts may be negotiated without advertising and need not conform with the provisions of the Act of August 24, 1935 (49 Stat. 793), as amended: <proviso><i>Provided</i>, That the appropriate <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s270a">40 USC 270a.</ref></p></sidenote> Secretary may waive any provisions of such contracting laws or regulations which he determines are not appropriate for the purposes of the contract involved or inconsistent with the provisions of this Act.</proviso></content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Payments of any grants or under any contracts pursuant to section 102, 103, or 104 of this Act may be made in advance or by way of reimbursement and in such installments and on such conditions as <page identifier="/us/stat/88/2211">88 <inline class="smallCaps">Stat.</inline> 2211</page> the appropriate Secretary deems necessary to carry out the purposes of this title. The transfer of funds shall be scheduled consistent with program requirements and applicable Treasury regulations, so as to minimize the time elapsing between the transfer of such funds from the United States Treasury and the disbursement thereof by the tribal organization, whether such disbursement occurs prior to or subsequent to such transfer of funds. Tribal organizations shall not be held accountable for interest earned on such funds, pending their disbursement by such organization.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Any contract requested by a tribe pursuant to sections 102 and <sidenote><p class="indent0 firstIndent1 fontsize8">Contracts, term.</p></sidenote> 103 of this Act shall be for a term not to exceed one year unless the appropriate Secretary determines that a longer term would be advisable: <proviso><i>Provided</i>, That such term may not exceed three years and shall be subject to the availability of appropriations:</proviso> <proviso><i>Provided, further</i>, That the amounts of such contracts may be renegotiated annually to reflect factors, including but not limited to cost increases beyond the control of a tribal organization.</proviso></content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Notwithstanding any provision of law to the contrary, the appropriate Secretary may, at the request or consent of a tribal organization, revise or amend any contract or grant made by him pursuant to section 102, 103, or 104 of this Act with such organization as necessary to carry out the purposes of this title: <proviso><i>Provided, however</i>, That whenever an Indian tribe requests retrocession of the appropriate Secretary for any contract entered into pursuant to this Act, such retrocession shall become effective upon a date specified by the appropriate Secretary not more than one hundred and twenty days from the date of the request by the tribe or at such later date as may be mutually agreed to by the appropriate Secretary and the tribe.</proviso></content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>In connection with any contract or grant made pursuant to section 102, 103, or 104 of this Act, the appropriate Secretary may permit a tribal organization to utilize, in carrying out such contract or grant, existing school buildings, hospitals, and other facilities and all equipment therein or appertaining thereto and other personal property owned by the Government within his jurisdiction under such terms and conditions as may be agreed upon for their use and maintenance.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>The contracts authorized under sections 102 and 103 of this Act and grants pursuant to section 104 of this Act may include provisions for the performance of personal services which would otherwise be performed by Federal employees including, but in no way limited to, functions such as determination of eligibility of applicants for assistance, benefits, or services, and the extent or amount of such assistance, benefits, or services to be provided and the provisions of such assistance, benefits, or services, all in accordance with the terms of the contract or grant and applicable rules and regulations of the appropriate Secretary: <proviso><i>Provided</i>, That the Secretary shall not make any contract which would impair his ability to discharge his trust responsibilities to any Indian tribe or individuals.</proviso></content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>Contracts and grants with tribal organizations pursuant to sections 102, 103, and 104 of this Act and the rules and regulations adopted by the Secretaries of the Interior and Health, Education, and Welfare pursuant to section 107 of this Act shall include provisions to assure the fair and uniform provision by such tribal organizations of the services and assistance they provide to Indians under such contracts and grants.</content></subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num> <content>The amount of funds provided under the terms of contracts entered into pursuant to sections 102 and 103 shall not be less than the appropriate Secretary would have otherwise provided for his direct operation of the programs or portions thereof for the period covered by the contract: <proviso><i>Provided</i>. That any savings in operation under such <page identifier="/us/stat/88/2212">88 <inline class="smallCaps">Stat.</inline> 2212</page> contracts shall be utilized to provide additional services or benefits under the contract.</proviso></content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">promulgation of rules and regulations</inline></heading> <num value="107"><inline class="smallCaps">Sec.</inline> 107.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretaries of the Interior and of Health, Education, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s450k">25 USC 450k.</ref></p></sidenote> and Welfare are each authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purposes of carrying out the provisions of this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Within six months from the date of enactment of this Act, the Secretary of the Interior and the Secretary of Health, Education, and Welfare shall each to the extent practicable, consult with national and regional Indian organizations to consider and formulate appropriate rules and regulations to implement the provisions of this title.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Within seven months from the date of enactment of this Act, the Secretary of the Interior and the Secretary of Health, Education, and Welfare shall each present the proposed rules and regulations to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Within eight months from the date of enactment of this Act, <sidenote><p class="indent0 firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> the Secretary of the Interior and the Secretary of Health, Education, and Welfare shall publish proposed rules and regulations in the Federal Register for the purpose of receiving comments from interested parties.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>Within ten months from the date of enactment of this Act, the Secretary of the Interior and the Secretary of Health, Education, and Welfare shall promulgate rules and regulations to implement the provisions of this title.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The Secretary of the Interior and the Secretary of Health, Education, and Welfare are authorized to revise and amend any rules or regulations promulgated pursuant to this section: <proviso><i>Provided</i>, That prior to any revision or amendment to such rules or regulations, the respective Secretary or Secretaries shall present the proposed revision or amendment to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives and shall, to the extent practicable, consult with appropriate national or regional Indian organizations and shall publish any proposed revisions in the <sidenote><p class="indent0 firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> Federal Register not less than sixty days prior to the effective date of such rules and regulations in order to provide adequate notice to, and receive comments from, other interested parties.</proviso></content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">reports</inline></heading> <num value="108"><inline class="smallCaps">Sec.</inline> 108.</num> <content>For each fiscal year during which an Indian tribal organization <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s450l">25 USC 450<i>l</i>.</ref></p></sidenote> receives or expends funds pursuant to a contract or grant under this title, the Indian tribe which requested such contract or grant shall submit to the appropriate Secretary a report including, but not limited to, an accounting of the amounts and purposes for which Federal funds were expended, information on the conduct of the program or service involved, and such other information as the appropriate Secretary may request.</content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">reassumption of programs</inline></heading> <num value="109"><inline class="smallCaps">Sec.</inline> 109.</num> <content>Each contract or grant agreement entered into pursuant to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s450m">25 USC 450m.</ref></p></sidenote> sections 102, 103, and 104 of this Act shall provide that in any case where the appropriate Secretary determines that the tribal organization’s performance under such contract or grant agreement involves (1) the violation of the rights or endangerment of the health, safety, or welfare of any persons; or (2) gross negligence or mismanagement <page identifier="/us/stat/88/2213">88 <inline class="smallCaps">Stat.</inline> 2213</page> in the handling or use of funds provided to the tribal organization pursuant to such contract or grant agreement, such Secretary may, under regulations prescribed by him and after providing notice and <sidenote><p class="indent0 firstIndent1 fontsize8">Notice and hearing.</p></sidenote> hearing to such tribal organization, rescind such contract or grant agreement and assume or resume control or operation of the program, activity, or service involved if he determines that the tribal organization has not taken corrective action as prescribed by him: <proviso><i>Provided</i>, That the appropriate Secretary may, upon notice to a tribal organization, immediately rescind a contract or grant and resume control or operation of a program, activity, or service if he finds that there is an immediate threat to safety and, in such cases, he shall hold a hearing on such action within ten days thereof.</proviso> Such Secretary may decline to enter into a new contract or grant agreement and retain control of such program, activity, or service until such time as he is satisfied that the violations of rights or endangerment of health, safety, or welfare which necessitated the rescission has been corrected. Nothing in this section shall be construed as contravening the Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended (29 U.S.C. 651).</content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">effect on existing rights</inline></heading> <num value="110"><inline class="smallCaps">Sec.</inline> 110.</num> <chapeau>Nothing in this Act shall be construed as—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s450n">25 USC 450n.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>affecting, modifying, diminishing, or otherwise impairing the sovereign immunity from suit enjoyed by an Indian tribe; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>authorizing or requiring the termination of any existing trust responsibility of the United States with respect to the Indian people.</content></paragraph></section> <num value="II">TITLE II—</num><heading class="inline">THE INDIAN EDUCATION ASSISTANCE ACT</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec.</inline> 201.</num> <content>This title may be cited as the “<shortTitle role="title">Indian Education Assistance <sidenote><p class="indent0 firstIndent1 fontsize8">Citation of title.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s455">25 USC 455</ref> note.</p></sidenote> Act</shortTitle>”.</content></section> <part><num value="A"><inline class="smallCaps">Part A</inline>—</num><heading><inline class="smallCaps">Education of Indians in Public Schools</inline></heading> <section class="firstIndent1 fontsize10"><num value="202"><inline class="smallCaps">Sec.</inline> 202.</num> <content>The Act of April 16, 1934 (48 Stat. 596), as amended, is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s452">25 USC 452.</ref></p></sidenote> further amended by adding at the end thereof the following new sections:<quotedContent> <section class="firstIndent1 fontsize10"><num value="4"><inline class="smallCaps">“Sec.</inline> 4.</num> <content>The Secretary of the Interior shall not enter into any contract <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s455">25 USC 455.</ref></p></sidenote> for the education of Indians unless the prospective contractor has submitted to, and has had approved by the Secretary of the Interior, an education plan, which plan, in the determination of the Secretary, contains educational objectives which adequately address the educational needs of the Indian students who are to be beneficiaries of the contract and assures that the contract is capable of meeting such objectives: <proviso><i>Provided</i>, That where students other than Indian students participate in such programs, money expended under such contract shall be prorated to cover the participation of only the Indian students.</proviso></content></section> <section class="firstIndent1 fontsize10"><num value="5"><inline class="smallCaps">“Sec.</inline> 5.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Whenever a school district affected by a contract or contracts <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s456">25 USC 456.</ref></p></sidenote> for the education of Indians pursuant to this Act has a local school board not composed of a majority of Indians, the parents of the Indian children enrolled in the school or schools affected by such contract or contracts shall elect a local committee from among their number. Such committee shall fully participate in the development of, and shall have the authority to approve or disapprove programs to be conducted under such contract or contracts, and shall carry out such other duties, and be so structured, as the Secretary of the Interior shall by regulation provide: <proviso><i>Provided, however</i>, That, whenever a local Indian committee or committees established pursuant to section 305 (b)(2)(B)(ii) of the Act of June 23, 1972 (86 Stat. 235) or an Indian advisory school board or boards established pursuant to this Act prior <page identifier="/us/stat/88/2214">88 <inline class="smallCaps">Stat.</inline> 2214</page> to the date of enactment of this section exists in such school district, such committee or board may, in the discretion of the affected tribal governing body or bodies, be utilized for the purposes of this section.</proviso></content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The Secretary of the Interior may, in his discretion, revoke any contract if the contractor fails to permit a local committee to perform its duties pursuant to subsection (a).</content></subsection></section> <section class="firstIndent1 fontsize10"><num value="6"><inline class="smallCaps">“Sec.</inline> 6.</num> <content>Any school district educating Indian students who are <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s457">25 USC 457.</ref></p></sidenote> members of recognized Indian tribes, who do not normally reside in the State in which such school district is located, and who are residing in Federal boarding facilities for the purposes of attending public schools within such district may, in the discretion of the Secretary of the Interior, be reimbursed by him for the full per capita costs of educating such Indian students.”</content></section></quotedContent></content></section> <section class="firstIndent1 fontsize10"><num value="203"><inline class="smallCaps">Sec.</inline> 203.</num> <chapeau>After conferring with persons competent in the field of <sidenote><p class="indent0 firstIndent1 fontsize8">Report to congressional committees.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s457">25 USC 457</ref> note.</p></sidenote> Indian education, the Secretary, in consultation with the Secretary of Health, Education, and Welfare, shall prepare and submit to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives not later than October 1, 1975, a report which shall include:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <chapeau>a comprehensive analysis of the Act of April 16, 1934 (48 Stat. 596), as amended, including—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s452">25 USC 452.</ref></p></sidenote></chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>factors determining the allocation of funds for the special or supplemental educational programs of Indian students and current operating expenditures;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <chapeau>the relationship of the Act of April 16, 1934 (48 Stat. 596), as amended, to—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>title I of the Act of September 30, 1950 (64 Stat. 1100), as amended; and<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s236">20 USC 236.</ref></p></sidenote></content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>the Act of April 11, 1965 (79 Stat. 27), as amended; and<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s821">20 USC 821</ref> note.</p></sidenote></content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>title IV of the Act of June 23, 1972 (86 Stat. 285); and<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s241aa">20 USC 241aa</ref> note.</p></sidenote></content></clause> <clause class="indentUp1 fontsize10"><num value="iv">(iv)</num> <content>the Act of September 23, 1950 (72 Stat. 548), as amended.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s631">20 USC 631.</ref></p></sidenote></content></clause></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <chapeau>a specific program to meet the special educational needs of Indian children who attend public schools. Such program shall include, but need not be limited to, the following:</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>a plan for the equitable distribution of funds to meet the special or supplemental educational needs of Indian children and, where necessary, to provide general operating expenditures to schools and school districts educating Indian children; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>an estimate of the cost of such program;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>detailed legislative recommendations to implement the program prepared pursuant to clause (2); and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>a specific program, together with detailed legislative recommendations, <sidenote><p class="indent0 firstIndent1 fontsize8">Indian-controlled community colleges.</p></sidenote> to assist the development and administration of Indian-controlled community colleges.</content></paragraph></section></part> <part><num value="B"><inline class="smallCaps">Part B</inline>—</num><heading><inline class="smallCaps">School Construction</inline></heading> <section class="firstIndent1 fontsize10"><num value="204"><inline class="smallCaps">Sec.</inline> 204.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary is authorized to enter into a contract or <sidenote><p class="indent0 firstIndent1 fontsize8">Contract authority.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s458">25 USC 458.</ref></p></sidenote> contracts with any State education agency or school district for the purpose of assisting such agency or district in the acquisition of sites for, or the construction, acquisition, or renovation of facilities (including all necessary equipment) in school districts on or adjacent to or in close proximity to any Indian reservation or other lands held in trust by the United States for Indians, if such facilities are necessary for the education of Indians residing on any such reservation or lands.</content></subsection> <page identifier="/us/stat/88/2215">88 <inline class="smallCaps">Stat.</inline> 2215</page> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The Secretary may expend not less than 75 per centum of such funds as are authorized and appropriated pursuant to this part B on those projects which meet the eligibility requirements under subsections (a) and (b) of section 14 of the Act of September 23, 1950 (72 Stat. 548), as amended. Such funds shall be allocated on the basis <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s644">20 USC 644.</ref></p></sidenote> of existing funding priorities, if any, established by the United States Commissioner of Education under subsections (a) and (b) of section 14 of the Act of September 23, 1950, as amended. The United States Commissioner of Education is directed to submit to the Secretary, at the beginning of each fiscal year, commencing with the first full fiscal year after the date of enactment of this Act, a list of those projects eligible for funding under subsections (a) and (b) of section 14 of the Act of September 23, 1950, as amended.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The Secretary may expend not more than 25 per centum of such funds as may be authorized and appropriated pursuant to this part B on any school eligible to receive funds under section 208 of this Act.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <chapeau>Any contract entered into by the Secretary pursuant to this section shall contain provisions requiring the relevant State educational agency to—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>provide Indian students attending any such facilities constructed, acquired, or renovated, in whole or in part, from funds made available pursuant to this section with standards of education not less than those provided non-Indian students in the school district in which the facilities are situated; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>meet, with respect to such facilities, the requirements of the State and local building codes, and other building standards set by the State educational agency or school district for other public school facilities under its jurisdiction or control or by the local government in the jurisdiction within which the facilities are situated.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>The Secretary shall consult with the entity designated pursuant to section 5 of the Act of April 16, 1934 (48 Stat. 596), as amended by this Act, and with the governing body of any Indian tribe or tribes <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 2213.</p></sidenote> the educational opportunity for the members of which will be significantly affected by any contract entered into pursuant to this section. Such consultation shall be advisory only, but shall occur prior to the entering into of any such contract. The foregoing provisions of this subsection shall not be applicable where the application for a contract pursuant to this section is submitted by an elected school board of which a majority of its members are Indians.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <chapeau>Within ninety days following the expiration of the three year <sidenote><p class="indent0 firstIndent1 fontsize8">Program evaluation, report to Congress.</p></sidenote> period following the date of the enactment of this Act, the Secretary shall evaluate the effectiveness of the program pursuant to this section and transmit a report of such evaluation to the Congress. Such report shall include—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>an analysis of construction costs and the impact on such costs of the provisions of subsection (f) of this section and the Act of March 3, 1921 (46 Stat. 1491), as amended;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>a description of the working relationship between the Department of the Interior and the Department of Health, Education, and Welfare including any memorandum of understanding in connection with the acquisition of data pursuant to subsection (b) of this section;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>projections of the Secretary of future construction needs of the public schools serving Indian children residing on or adjacent to Indian reservations;</content></paragraph> <page identifier="/us/stat/88/2216">88 <inline class="smallCaps">Stat.</inline> 2216</page> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>a description of the working relationship of the Department of the Interior with local or State educational agencies in connection with the contracting for construction, acquisition, or renovation of school facilities pursuant to this section; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>the recommendations of the Secretary with respect to the transfer of the responsibility for administering subsections (a) and (b) of section 14 of the Act of September 23, 1950 (72 Stat. 548), as amended, from the Department of Health, Education, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s644">20 USC 644.</ref></p></sidenote> and Welfare to the Department of the Interior.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>For the purpose of carrying out the provisions of this section, <sidenote><p class="indent0 firstIndent1 fontsize8">Appropriation.</p></sidenote> there is authorized to be appropriated the sum of $35,000,000 for the fiscal year ending June 30, 1974; $35,000,000 for each of the four succeeding fiscal years; and thereafter, such sums as may be necessary, all of such sums to remain available until expended.</content></subsection></section></part> <part><num value="C"><inline class="smallCaps">Part C</inline>—</num><heading><inline class="smallCaps">General Provisions</inline></heading> <section class="firstIndent1 fontsize10"><num value="205"><inline class="smallCaps">Sec.</inline> 205.</num> <content>No funds from any grant or contract pursuant to this title <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s458a">25 USC 458a.</ref></p></sidenote> shall be made available to any school district unless the Secretary is satisfied that the quality and standard of education, including facilities and auxiliary services, for Indian students enrolled in the schools of such district are at least equal to that provided all other students from resources, other than resources provided in this title, available to the local school district.</content></section> <section class="firstIndent1 fontsize10"><num value="206"><inline class="smallCaps">Sec.</inline> 206.</num> <content>No funds from any contract or grant pursuant to this title <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s458b">25 USC 458b.</ref></p></sidenote> shall be made available by any Federal agency directly to other than public agencies and Indian tribes, institutions, and organizations: <proviso><i>Provided</i>, That school districts, State education agencies, and Indian tribes, institutions, and organizations assisted by this title may use funds provided herein to contract for necessary services with any appropriate individual, organization, or corporation.</proviso></content></section> <section class="firstIndent1 fontsize10"><num value="207"><inline class="smallCaps">Sec.</inline> 207.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Within six months from the date of enactment of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s458c">25 USC 458c.</ref></p></sidenote> this Act, the Secretary shall, to the extent practicable, consult with national and regional Indian organizations with experiences in Indian education to consider and formulate appropriate rules and regulations to implement the provisions of this title.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Within seven months from the date of enactment of this Act, the Secretary shall present the proposed rules and regulations to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Within eight months from the date of enactment of this Act, the <sidenote><p class="indent0 firstIndent1 fontsize8">Rules and regulations, publication in Federal Register.</p></sidenote> Secretary shall publish proposed rules and regulations in the Federal Register for the purpose of receiving comments from interested parties.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>Within ten months from the date of enactment of this Act, the Secretary shall promulgate rules and regulations to implement the provisions of this title.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The Secretary is authorized to revise and amend any rules or regulations promulgated pursuant to subsection (a) of this section: <proviso><i>Provided</i>, That prior to any revision or amendment to such rules or <sidenote><p class="indent0 firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> regulations the Secretary shall, to the extent practicable, consult with appropriate national and regional Indian organizations, and shall publish any proposed revisions in the Federal Register not less than sixty days prior to the effective date of such rules and regulations in order to provide adequate notice to, and receive comments from, other interested parties.</proviso></content></subsection></section> <section class="firstIndent1 fontsize10"><num value="208"><inline class="smallCaps">Sec.</inline> 208.</num> <content>The Secretary is authorized and directed to provide funds, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s458d">25 USC 458d.</ref></p></sidenote> pursuant to this Act; the Act of April 16, 1934 (48 Stat. 596), as amended; or any other authority granted to him to any tribe or tribal <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s452">25 USC 452.</ref></p></sidenote> organization which controls and manages any previously private <page identifier="/us/stat/88/2217">88 <inline class="smallCaps">Stat.</inline> 2217</page> school. The Secretary shall transmit annually to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives a report on the educational assistance program conducted pursuant to this section.</content><sidenote><p class="indent0 firstIndent1 fontsize8">Report to congressional committees.</p></sidenote></section> <section class="firstIndent1 fontsize10"><num value="209"><inline class="smallCaps">Sec.</inline> 209.</num> <content>The assistance provided in this Act for the education of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s458e">25 USC 458e.</ref></p></sidenote> Indians in the public schools of any State is in addition and supplemental to assistance provided under title IV of the Act of June 23, 1972 (86 Stat. 235).</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s241aa">20 USC 241aa</ref> note.</p></sidenote></section></part> Approved January 4, 1975.
Public Law 93–639: To amend certain provisions of Federal law relating to explosives. Public Law 639 Public Law 93–639 1975-01-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–639
AN ACT To amend certain provisions of Federal law relating to explosives.

January 4, 1975

[S. 1083]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Amendments of 1973 to Federal Law Relating to Explosives.

18 USC 845 note.

 be cited as the “Amendments of 1973 to Federal Law Relating to Explosives”.
Sec. 101. Section 845(a) of title 18 of the United States Code (relating to exemptions from certain provisions of Federal law relating to explosives) is amended by striking out paragraph (5) and inserting in lieu thereof the following new paragraph: “(5) commercially manufactured black powder in quantities not to exceed fifty pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers, intended to be used solely for sporting, recreational, or cultural purposes in antique firearms as defined in section 921(a)(16) of title 18 of the United States Code, or in antique devices as exempted from the term ‘destructive device’ in section 921(a)(4) of title 18 of the United States Code; and”.
Sec. 102. Section 921(a)(4) of title 18 of the United States Code is amended by inserting after the word “sporting” in the last sentence the following: “, recreational or cultural”.
Approved January 4, 1975.
Public Law 93–640: To amend the Public Health Service Act to expand the authority of the National Institute of Arthritis, Metabolism, and Digestive Diseases in order to advance a national attack on arthritis. Public Law 640 Public Law 93–640 1975-01-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–640
AN ACT To amend the Public Health Service Act to expand the authority of the National Institute of Arthritis, Metabolism, and Digestive Diseases in order to advance a national attack on arthritis.

January 4, 1975

[S. 2854]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

National Arthritis Act of 1974.
short title Section 1. This Act may be cited as the “National Arthritis Act of

42 USC 289c–1 note.

 1974”.
findings and declaration of purpose Sec. 2. The Congress makes the following findings—

42 USC 289c–1 note.

 (1) Arthritis and related musculoskeletal diseases constitute major health problems in the United States in that they afflict more than twenty million Americans and are the greatest single cause of chronic pain and disability. (2) The complications of arthritis lead to many other serious 88 Stat. 2218 health problems and other severe physical disabilities in persons of all ages with the disease, particularly children and adolescents. (3) The annual cost of arthritis to the national economy in 1970, from medical care expenses and lost wages, was $9,200,000,000, and number of workdays lost in that year totaled over 14,500,000. (4) Uncontrolled arthritis significantly decreases the quality of life and has a major negative economic, social, and psychological impact on the families of its victims and society generally. (5) Athletic and other types of joint injuries involving trauma can lead to arthritis. (6) The development of advanced methods of diagnosis and treatment of arthritis and quality trained health professionals in arthritis deserves the highest national priority. (7) There is a critical shortage of medical facilities and properly trained health professionals and allied health professionals in the United States for arthritis research, prevention, treatment, care, and rehabilitation programs. (8) The citizens of the United States should have a full understanding of the nature of the human, social, and economic impact of arthritis and should be encouraged to seek early diagnosis and treatment to prevent or mitigate physical disability resulting from arthritis. (9) There is great potential for making major advances against arthritis in the National Institute of Arthritis, Metabolism, and Digestive Diseases, in concert with other institutes of the National Institutes of Health.
national commission on arthritis; arthritis plan Sec. 3. (a) The Secretary of Health, Education, and Welfare (hereinafter

Establishment.

42 USC 289c–1 note.

 in this section referred to as the “Secretary”), after consulting with the Director of the National Institutes of Health, shall, within sixty days of the date of the enactment of this section, establish a National Commission on Arthritis and Related Musculoskeletal Diseases (hereinafter in this section referred to as the “Commission”). (b) The Commission shall be composed of eighteen members as

Membership.

 follows: (1) Six members appointed by the Secretary who are scientists, physicians, or other health professionals not in the employment of the Federal Government, who represent the various specialties and disciplines involving arthritis and related musculoskeletal diseases (hereinafter in this section collectively referred to as “arthritis”), and of whom at least two are practicing clinical rheumatologists, at least one is an orthopedic surgeon, and at least one is an allied health professional. (2) Four members appointed by the Secretary from the general public, of whom at least two suffer from arthritis. (3) One member appointed by the Secretary, from members of the National Arthritis, Metabolism, Digestive Disease Advisory Council, whose primary interest is in the field of rheumatology. (4) The Director of the National Institutes of Health or his designee, the Director of the National Institute of Arthritis, Metabolism, and Digestive Diseases or his designee, the Directors, or their designees, of the National Institute of Allergy and Infectious Diseases and the National Institute of General Medical Science, the Associate Director for Arthritis and Related Musculoskeletal Diseases of such Institute, and the chief medical officer of the Veterans’ Administration and the Secretary of Defense or their designees, each of whom shall serve as ex officio, nonvoting members. 88 Stat. 2219 (c) The members of the Commission shall select a chairman from

Chairman.

 among their own number. The Commission shall first meet on a date specified by the Secretary, not later than 30 days after the Commission is established, and thereafter shall meet at the call of the Chairman of the Commission (but not less often than three times). (d) The Director of the National Institute of Arthritis, Metabolism,

Director, National Institute of Arthritis, Metabolism, and Digestive Diseases, duties.

 and Digestive Diseases shall— (1) designate a member of the staff of such Institute to act as Executive Secretary of the Commission, and (2) provide the Commission with such full-time professional and clerical staff, such information, and the services of such consultants as may be necessary to assist it in carrying out effectively its function under this section. (e) Members of the Commission who are officers or employees of

Compensation.

 the Federal Government shall serve as members of the Commission without compensation in addition to that received in their regular public employment. Members of the Commission who are not officers or employees of the Federal Government shall each receive the daily equivalent of the rate in effect for grade GS–18 of the General Schedule

5 USC 5332 note.

 for each day (including traveltime) they are engaged in the performance of their duties as members of the Commission. All members, while so serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as such expenses are authorized by section 5708, title 5, United States Code, for persons in the Government service employed intermittently. (f) The Commission shall survey Federal, State, and local health

Federal, State, and local health programs, survey.

 programs and activities relating to arthritis and assess the adequacy, technical soundness, and coordination of such programs and activities. All Federal departments and agencies administering health programs and activities relating to arthritis shall provide such cooperation and assistance relating to such programs and activities as is reasonably necessary for the Commission to make such survey and assessment. (g) The Commission shall formulate a long-range plan (hereinafter

Arthritis Plan.

 in this section referred to as the “Arthritis Plan”) with specific recommendations for the use and organization of national resources to combat arthritis. The Arthritis Plan shall be based on a survey investigating the incidence and prevalence of arthritis and its economic and social consequences, and on an evaluation of scientific information respecting, and the national resources capable of dealing with arthritis. The Arthritis Plan shall include a comprehensive program for the National Institute of Arthritis, Metabolism, and Digestive Diseases (hereinafter in this section referred to as the “Institute”) and plans for Federal, State, and local programs, which program and programs shall, as appropriate, provide for— (1) investigation into the epidemiology, etiology, and prevention and control of arthritis, including the social, environmental, behavioral, nutritional, and biological control of arthritis; (2) studies and research into the basic biological processes and mechanisms involved with arthritis, including abnormalities of the immune, musculoskeletal, cardiovascular, gastrointestinal, urogenital, pulmonary, and nervous systems, the skin, and the eyes; (3) research into the development, trial, and evaluation of techniques, orthopedic and other surgical procedures, and drugs (including drugs intended for use by children) used in the diagnosis, early detection, treatment, prevention, and control of arthritis; (4) programs that will apply scientific and technological methodologies and processes involving biological, physical, and engi-88 Stat. 2220neering sciences to deal with all facets of arthritis, including traumatic arthritis; (5) programs for the conduct and direction of field studies large-scale testing, evaluation, and demonstration of preventive, diagnostic, therapeutic, rehabilitative, and control approaches to arthritis, including studies of the effectiveness and use of home care programs, mobile care units, community rehabilitation facilities, and other appropriate community public health and social services; (6) studies of the feasibility of, and possible benefits accruing from, the organization and training of teams of health and allied health professionals in the treatment and rehabilitation of individuals who suffer from arthritis; (7) programs to evaluate available resources for the rehabilitation of individuals who suffer from arthritis; (8) programs to develop new and improved methods of screening and referral for arthritis, and particularly for the early detection of arthritis; (9) programs to establish standards and criteria for measurement of the severity and rehabilitative potential of disabilities resulting from arthritis; (10) programs to develop a uniform descriptive vocabulary for use in basic and clinical research and a standardized clinical patient data set for arthritis to standardize collection, storage, and retrieval of research and treatment data in order to facilitate collaborative and comparative studies of large patient populations; (11) programs to establish a system for the collection, analysis, and dissemination of data useful in the screening, prevention, diagnosis, and treatment of arthritis, including the establishment of a national data storage bank to collect, catalog, and store, and facilitate retrieval and dissemination of information as to the practical application of research and other activities pertaining to arthritis; (12) programs for the education (including continuing education programs and development of new techniques and curricula) of scientists, bioengineers, physicians engaged in general practice, the practice of family medicine, or other primary care specialties, surgeons, including orthopedic surgeons, and other health and allied health professionals and educators in the fields and specialties requisite to screening, early detection, diagnosis, treatment, and prevention of arthritis and rehabilitation of individuals who suffer from arthritis; (13) programs for public education and counseling relating to arthritis, including public information campaigns on current developments in diagnostic and treatment procedures and programs to discourage the promotion and use of unapproved and ineffective diagnostic, preventive, treatment, and control methods and unapproved and ineffective drugs and devices; (14) a program for the acceleration of international cooperation in and exchange of knowledge on research, screening, early detection, diagnosis, treatment, prevention, and control of arthritis; and (15) coordination of the research programs relevant to arthritis

Research programs, coordination.

 of other Institutes of the National Institutes of Health, the Department of Health, Education, and Welfare, and other Federal and non-Federal entities. (h) The Commission may hold such hearings, take such testimony,

Hearings.

 and sit at such time and places as it deems advisable. (i)(1) The Commission shall prepare for each of the Institutes of

Expenditure estimates.

 the National Institutes of Health whose activities are to be affected by 88 Stat. 2221 the Arthritis Plan estimates of necessary expenditures to carry out each such Institute’s part of the comprehensive program included in the Plan. The estimates shall be prepared for the fiscal year ending June 30, 1976, and for each of the next two fiscal years. (2) Within five days after the Budget is transmitted by the President

Transmittal to congressional committees.

 to Congress for the fiscal year ending June 30, 1976, and for each of the next two fiscal years, the Secretary shall transmit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Labor and Public Welfare of the Senate, and the Committee on Commerce and Health of the United States House of Representatives an estimate of the amounts requested for arthritis research by each of the Institutes for which estimates were prepared under paragraph (1) and a comparison of such amounts with such estimates. (j)(1) The Commission shall publish and transmit directly to the

Arthritis Plan, publication; transmittal to Congress.

 Congress (without prior administrative approval or review by the Office of Management and Budget or any other Federal department or agency) the Arthritis Plan within two hundred and ten days after the date on which funds are first appropriated for the Commission. (2) The Commission shall cease to exist on the thirtieth day following

Termination date.

 the date of the submission of the Arthritis Plan pursuant to paragraph (1) of this subsection. (k) There are authorized to be appropriated, without fiscal year

Appropriation.

 limitation, to carry out the purposes of this section $2,000,000.
arthritis coordinating committee, demonstration projects, and comprehensive arthritis centers Sec. 4. Part D of title IV of the Public Health Service Act is amended by adding at the end thereof the following new sections:
“arthritis coordinating committee “Sec. 437. (a) In order to improve coordination of all activities in

Establishment.

42 USC 289c–4.

 the National Institutes of Health, in the Department of Health, Education, and Welfare, and in other departments and agencies of the Federal Government relating to Federal health programs and activities relating to arthritis, the Secretary shall establish an Arthritis Coordinating Committee to be composed of representatives of the Department of Health, Education, and Welfare (including the Food and Drug Administration) and of the Veterans’ Administration, the Department of Defense, and other Federal departments and agencies involved in research, health services, or rehabilitation programs affecting arthritis. This committee shall include the Directors (or their

Membership.

 designated representatives) of each of the Institutes of the National Institutes of Health involved in arthritis related research. The Committee shall be chaired by the Associate Director established pursuant to section 434(e) and shall prepare a report not later than sixty days

Post, p. 2224.

Report.

Contents.

 after the end of each fiscal year as possible, for the Secretary detailing the work of the committee in seeking to improve coordination of departmental and interdepartmental activities relating to arthritis during the preceding fiscal year. Such report shall include— “(1) a description of the work of the committee in coordinating the research activities of the National Institutes of Health relating to arthritis during the preceding year, and “(2) a description of the work of the committee in promoting the coordination of Federal health programs and activities relating to arthritis to assure the adequacy of such programs and to provide for the adequate coordination of such programs and activities. 88 Stat. 2222 “(b) The Committee shall meet at the call of the chairman, but not

Meetings.

 less often than four times a year.
“arthritis screening, detection, prevention, and referral demonstration projects; and data bank “Sec. 438. (a) The Secretary, acting through the Assistant Secretary

42 USC 289c–5.

 for Health, may make grants to public and nonprofit entities to establish and support projects for the development and demonstration of methods for arthritis, screening, detection, prevention, and referral, and for the dissemination of these methods to health and allied health professions. Activities under such projects shall be coordinated

Coordination with Federal, State, and other agencies.

Infra.

 with (1) Federal, State, local, and regional health agencies, (2) centers assisted under section 439, and (3) the data bank under subsection (c). “(b) Projects under this section shall include programs which— “(1) emphasize the development and demonstration of new and improved methods of screening and early detection, referral, and diagnosis of individuals with a risk of developing arthritis, asymptomatic arthritis, or symptomatic arthritis; “(2) emphasize the development and demonstration of new and improved methods for patient referral from local hospitals and physicians to appropriate centers for early diagnosis and treatment; “(3) emphasize the development and demonstration of new and improved means of standardizing patient data and recordkeeping; and “(4) emphasize the development and demonstration of new and improved methods of dissemination of knowledge about the projects and methods referred to in the preceding paragraphs of this subsection to health and allied health professionals. “(c)(1) As soon as practicable after the date of enactment of this

Arthritis Screening and Detection Data Bank.

Establishment.

 section the Secretary, through the Assistant Secretary for Health, shall establish the Arthritis Screening and Detection Data Bank for the collection, storage, analysis, retrieval, and dissemination of data useful in screening, prevention, and early detection involving patient populations with asymptomatic and symptomatic types of arthritis, including where possible, data involving general populations for the purpose of detection of individuals with a risk of developing arthritis. “(2) The Secretary shall provide for standardization of patient

Patient data and recordkeeping, standardization.

 data and recordkeeping for the collection, storage, analysis, retrieval, and dissemination of such data in cooperation with projects under this section and centers assisted under section 439, and other persons engaged in arthritis programs. “(d) There are authorized to be appropriated to carry out this

Appropriations.

 section $2,000,000 for fiscal year ending June 30, 1975, $3,000,000 for fiscal year ending June 30, 1976, and $4,000,000 for fiscal year ending June 30, 1977.
“comprehensive arthritis centers “Sec. 439. (a) The Secretary, acting through the Assistant Secretary for

42 USC 289c–6.

 Health may, after consultation with the National Advisory Council established under section 434(a) and consistent with the

42 USC 289c–1.

 Arthritis Plan developed pursuant to the National Arthritis Act of 1974, provide for the development, modernization, and operation

Ante, p. 2217.

 (including staffing and other operating costs such as the costs of patient care required for research) of centers for arthritis research, screening, detection, diagnosis, prevention, control, and treatment, for education related to arthritis, and for rehabilitation of individuals who suffer from arthritis. For purposes of this section, the term

“Modernization.”

 ‘modernization’ means the alteration, remodeling, improvement, 88 Stat. 2223 expansion, and repair of existing buildings and the provision of equipment for such buildings to the extent necessary to make them suitable for use as centers described in the preceding sentence. “(b) Each center assisted under this section shall— “(1)(A) use the facilities of a single institution or a consortium of cooperating institutions, and (B) meet such qualifications as may be prescribed by the Secretary; and “(2) conduct— “(A) basic and clinical research into the cause, diagnosis, early detection, prevention, control, and treatment of, arthritis and complications resulting from arthritis, including research into implantable biomaterials and biomechanical and other orthopedic procedures and in the development of other diagnostic and treatment methods; “(B) training programs for physicians and other health and allied professionals in current methods of diagnosis, screening and early detection, prevention, control, and treatment of arthritis; “(C) information and continuing education programs for physicians and other health and allied health professionals who provide care for patients with arthritis; and “(D) programs for the dissemination to the general public of information— “(i) on the importance of early detection of arthritis, of seeking prompt treatment, and of following an appropriate regimen; and “(ii) to discourage the promotion and use of unapproved and ineffective diagnostic, preventive, treatment, and control methods and unapproved and ineffective drugs and devices. “(c) Each center assisted under this section may conduct programs to— “(1) develop new and improved methods of screening and early detection, referral, and diagnosis of individuals with a risk of developing arthritis, asymptomatic arthritis, or symptomatic arthritis, “(2) disseminate the results of research, screening, and other activities, and develop means of standardizing patient data and recordkeeping, and “(3) develop community consultative services to facilitate the referral of patients to centers for treatment. “(e) The Secretary shall, insofar as practicable, provide for an

Equitable geographical distribution of centers.

 equitable geographical distribution of centers assisted under this section. The Secretary shall give appropriate consideration to the need for centers especially suited to meeting the needs of children affected by arthritis. “(f) The Secretary shall evaluate on an annual basis the activities of centers receiving support under this section and shall report to the

Report to congressional committees.

 appropriate committees of Congress the results of his evaluations not later than four months after the end of each fiscal year. “(g) No center may receive more than three grants under this

Grants, limitation.

 section. “(h) For purposes of this section, there are authorized to be appropriated

Appropriations.

 $11,000,000 for fiscal year ending June 30, 1975, $13,000,000 88 Stat. 2224 for fiscal year ending June 30, 1976, and $15,000,000 for fiscal year ending June 30, 1977. Not less than 20 per centum of the funds appropriated for each fiscal year under this subsection shall be used for the purposes of establishing new centers.”
associate director, annual report, research funding, advisory council Sec. 5. (a) Section 434 of the Public Health Service Act is amended

42 USC 289c–1.

 by adding at the end the following new subsections: “(e) There is established within the Institute the position of Associate Director for Arthritis and Related Musculoskeletal Disease (hereinafter in this part referred to as the ‘Associate Director’), who shall report directly to the Director of such Institute and who, under the supervision of the Director of such Institute, shall be responsible for programs regarding arthritis and related musculoskeletal diseases hereinafter in this part collectively referred to as ‘arthritis’) within such Institute. “(f) The Director of the Institute shall, as soon as practicable, but

Report to President and Congress.

 not later than sixty days, after the end of each fiscal year, prepare, in consultation with the National Advisory Council, and submit to the President and to the Congress a report. Such report shall include (1) a proposal for the Institute’s activities under the Arthritis Plan formulated under the National Arthritis Act of 1974 and activities under other provisions of law during the next five years, with an estimate for such additional staff positions and appropriations as may be required to pursue such activities, and (2) a program evaluation section, wherein the activities and accomplishments of the Institute during the preceding fiscal year shall be measured against the Director’s proposal for that year for activities under the Arthritis Plan.”. (b) Section 431 of such Act is amended by adding at the end thereof

42 USC 289a.

 the following new subsection: “(c) Of the sums appropriated for any fiscal year under this Act for the National Institutes of Health, not less than $500,000 shall be obligated for basic and clinical orthopedic research conducted within the National Institute of Arthritis, Metabolism, and Digestive Diseases which relates to the methods of preventing, controlling and treating arthritis and related musculoskeletal diseases, including research in implantable biomaterials and biomechanical and other orthopedic procedures and research in the development of new and improved orthopedic treatment methods.” (c) Section 434(b) of such Act is amended by adding at the end

Research projects, grant applications, review.

42 USC 289c–1.

 thereof the following: “The Advisory Council shall review applications made to the Director for grants for research projects related to arthritis and related musculoskeletal diseases and shall recommend to the Director for approval those applications and contracts which the Council determines will best carry out the purposes of this part. The Advisory Council shall also review and evaluate the arthritis programs under this part and shall recommend to the Director such changes in the administration of such programs as it determines are necessary.”
Approved January 4, 1975.
Public Law 93–641: To amend the Public Health Service Act to assure the development of a national health policy and of effective State and area health planning and resources development programs, and for other purposes. Public Law 641 Public Law 93–641 88 Stat. 2225 1975-01-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 2225 Public Law 93–641
AN ACT To amend the Public Health Service Act to assure the development of a national health policy and of effective State and area health planning and resources development programs, and for other purposes.

January 4, 1975

[S. 2994]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

National Health Planning and Resources Development Act of 1974.

42 USC 300k note.
short title; table of contents Section 1. That this Act may be cited as the “National Health Planning and Resources Development Act of 1974”. TABLE OF CONTENTS Sec. 1. Sec. 2. Sec. 3. “TITLE XV— “Part A— “Sec. 1501. “Sec. 1502. “Sec. 1503. “Part B— “Sec. 1511. “Sec. 1512. “Sec. 1513. “Sec. 1514. “Sec. 1515. “Sec. 1516. “Part C— “Sec. 1521. “Sec. 1522. “Sec. 1523. “Sec. 1524. “Sec. 1525. “Sec. 1526. “Part D— “Sec. 1531. “Sec. 1532. “Sec. 1533. “Sec. 1534. “Sec. 1535. “Sec. 1536. Sec. 4. “TITLE XVI— “Part A— “Sec. 1601. “Sec. 1602. “Sec. 1603. “Sec. 1604. 88 Stat. 2226 TABLE OF CONTENTS—Continued “TITLE XVI—HEALTH RESOURCES DEVELOPMENT—Continued “Part B— “Sec. 1610. “Sec. 1611. “Sec. 1612. “Sec. 1613. “Part C— “Sec. 1620. “Sec. 1621. “Sec. 1622. “Part D— “Sec. 1625. “Part E— “Sec. 1630. “Sec. 1631. “Sec. 1632. “Sec. 1633. “Sec. 1634. “Sec. 1635. “Part F— “Sec. 1640. Sec. 5. Sec. 6. Sec. 7. Sec. 8.
findings and purpose Sec. 2. (a) The Congress makes the following findings:

42 USC 300k.

 (1) The achievement of equal access to quality health care at a reasonable cost is a priority of the Federal Government. (2) The massive infusion of Federal funds into the existing health care system has contributed to inflationary increases in the cost of health care and failed to produce an adequate supply or distribution of health resources, and consequently has not made possible equal access for everyone to such resources. (3) The many and increasing responses to these problems by the public sector (Federal, State, and local) and the private sector have not resulted in a comprehensive, rational approach to the present— (A) lack of uniformly effective methods of delivering health care; (B) maldistribution of health care facilities and manpower; and (C) increasing cost of health care. (4) Increases in the cost of health care, particularly of hospital stays, have been uncontrollable and inflationary, and there are presently inadequate incentives for the use of appropriate alternative levels of health care, and for the substitution of ambulatory and intermediate care for inpatient hospital care. (5) Since the health care provider is one of the most important participants in any health care delivery system, health policy must address the legitimate needs and concerns of the provider if it is to achieve meaningful results; and, thus, it is imperative 88 Stat. 2227 that the provider be encouraged to play an active role in developing health policy at all levels. (6) Large segments of the public are lacking in basic knowledge regarding proper personal health care and methods for effective use of available health services. (b) In recognition of the magnitude of the problems described in subsection (a) and the urgency placed on their solution, it is the purpose of this Act to facilitate the development of recommendations for a national health planning policy, to augment areawide and State planning for health services, manpower, and facilities, and to authorize financial assistance for the development of resources to further that policy.
revision of health planning programs under the public health service act Sec. 3. The Public Health Service Act is amended by adding at

42 USC 201 note.

 the end the following new title: <num value="XV">“TITLE XV—</num><heading class="inline">NATIONAL HEALTH PLANNING AND DEVELOPMENT</heading> <part> <num value="A"><inline class="smallCaps">“Part A</inline>—</num><heading><inline class="smallCaps">National Guidelines for Health Planning</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“national guidelines for health planning</inline></heading> <num value="1501"><inline class="smallCaps">“Sec.</inline> 1501.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary shall, within eighteen months after <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300k–1">42 USC 300k–1.</ref></p></sidenote> the date of the enactment of this title, by regulation issue guidelines concerning national health planning policy and shall, as he deems appropriate, by regulation revise such guidelines. Regulations under this subsection shall be promulgated in accordance with section 553 of title 5, United States Code.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <chapeau>The Secretary shall include in the guidelines issued under subsection (a) the following:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>Standards respecting the appropriate supply, distribution, and organization of health resources.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>A statement of national health planning goals developed after consideration of the priorities, set forth in section 1502, which goals, to the maximum extent practicable, shall be expressed in quantitative terms.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>In issuing guidelines under subsection (a) the Secretary shall consult with and solicit recommendations and comments from the health systems agencies designated under part B, the State health <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 2229.</p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 2242.</p></sidenote> planning and development agencies designated under part C, the Statewide Health Coordinating Councils established under part C, associations and specialty societies representing medical and other health care providers, and the National Council on Health Planning and Development established by section 1503.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“national health priorities</inline></heading> <num value="1502"><inline class="smallCaps">“Sec.</inline> 1502.</num> <chapeau>The Congress finds that the following deserve priority <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300k–2">42 USC 300k–2.</ref></p></sidenote> consideration in the formulation of national health planning goals and in the development and operation of Federal, State, and area health planning and resources development programs:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>The provision of primary care services for medically underserved populations, especially those which are located in rural or economically depressed areas.</content></paragraph> <page identifier="/us/stat/88/2228">88 <inline class="smallCaps">Stat.</inline> 2228</page> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>The development of multi-institutional systems for coordination or consolidation of institutional health services (including obstetric, pediatric, emergency medical, intensive and coronary care, and radiation therapy services).</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>The development of medical group practices (especially those whose services are appropriately coordinated or integrated with institutional health services), health maintenance organizations, and other organized systems for the provision of health care.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>The training and increased utilization of physician assistants, especially nurse clinicians.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <content>The development of multi-institutional arrangements for the sharing of support services necessary to all health service institutions.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <content>The promotion of activities to achieve needed improvements in the quality of health services, including needs identified by the review activities of Professional Standards Review Organizations under part B of title XI of the Social Security Act.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1320c">42 USC 1320c.</ref></p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">“(7)</num> <content>The development by health service institutions of the capacity to provide various levels of care (including intensive care, acute general care, and extended care) on a geographically integrated basis.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">“(8)</num> <content>The promotion of activities for the prevention of disease, including studies of nutritional and environmental factors affecting health and the provision of preventive health care services.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">“(9)</num> <content>The adoption of uniform cost accounting, simplified reimbursement, and utilization reporting systems and improved management procedures for health service institutions.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="10">“(10)</num> <content>The development of effective methods of educating the general public concerning proper personal (including preventive) health care and methods for effective use of available health services.</content></paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“national council on health planning and development</inline></heading> <num value="1503"><inline class="smallCaps">“Sec.</inline> 1503.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">There is established in the Department of Health, <sidenote><p class="indent0 firstIndent1 fontsize8">Establishment.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300k–3">42 USC 300k–3.</ref></p></sidenote> Education, and Welfare an advisory council to be known as the National Council on Health Planning and Development (hereinafter in this section referred to as the ‘Council’). The Council shall advise, consult with, and make recommendations to, the Secretary with respect to (1) the development of national guidelines under section 1501, (2) the implementation and administration of this title and title XVI, and (3) an evaluation of the implications of new medical technology for the organization, delivery, and equitable distribution of health care services.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 2258.</p></sidenote></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Council shall be composed of fifteen members. The <sidenote><p class="indent0 firstIndent1 fontsize8">Membership.</p></sidenote> Chief Medical Director of the Veterans’ Administration, the Assistant Secretary for Health and Environment of the Department of Defense, and the Assistant Secretary for Health of the Department of Health, Education, and Welfare shall be nonvoting ex officio members of the Council. The remaining members shall be appointed by the Secretary and shall be persons who, as a result of their training, experience, or attainments, are exceptionally well qualified to assist in carrying out the functions of the Council. Of the voting members, not less than five shall be persons who are not providers of health services, not more than three shall be officers or employees of the Federal Government, not less than three shall be members of governing bodies of <page identifier="/us/stat/88/2229">88 <inline class="smallCaps">Stat.</inline> 2229</page> health systems agencies designated under part B, and not less than three shall be members of Statewide Health Coordinating Councils under section 1524. The two major political parties shall have equal representation among the voting members on the Council.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 2247.</p></sidenote></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <chapeau>The term of office of voting members of the Council shall be <sidenote><p class="indent0 firstIndent1 fontsize8">Terms of office.</p></sidenote> six years, except that—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>of the members first appointed to the Council, four shall be appointed for terms of two years and four shall be appointed for terms of four years, as designated by the Secretary at the time of appointment; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term.</content></subparagraph> <continuation class="indent0 fontsize10">A member may serve after the expiration of his term until his successor has taken office.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>The chairman of the Council shall be selected by the voting members from among their number. The term of office of the chairman of the Council shall be the lesser of three years or the period remaining in his term of office as a member of the Council.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Except as provided in paragraph (2), the members of <sidenote><p class="indent0 firstIndent1 fontsize8">Compensation.</p></sidenote> the Council shall each be entitled to receive the daily equivalent of the annual rate of basic pay in effect for grade GS–18 of the General Schedule for each day (including traveltime) during which they are engaged in the actual performance of duties vested in the Council.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332</ref> note.</p></sidenote></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>Members of the Council who are full-time officers or employees of the United States shall receive no additional pay on account of their service on the Council.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>While away from their homes or regular places of business in <sidenote><p class="indent0 firstIndent1 fontsize8">Travel expenses.</p></sidenote> the performance of services for the Council, members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>The Council may appoint, fix the pay of, and prescribe the functions of such personnel as are necessary to carry out its functions. In addition, the Council may procure the services of experts and <sidenote><p class="indent0 firstIndent1 fontsize8">Experts and consultants.</p></sidenote> consultants as authorized by section 3109 of title 5, United States Code, but without regard to the last sentence of such section.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <content>The provisions of section 14(a) of the Federal Advisory Committee Act shall not apply with respect to the Council.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/I">5 USC app. I.</ref></p></sidenote></content></subsection> </section> </part> <part> <num value="B"><inline class="smallCaps">“Part B</inline>—</num><heading><inline class="smallCaps">Health Systems Agencies</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“health service areas</inline></heading> <num value="1511"><inline class="smallCaps">“Sec.</inline> 1511.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">There shall be established, in accordance with this <sidenote><p class="indent0 firstIndent1 fontsize8">Establishment.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300l">42 USC 300<i>l</i>.</ref></p></sidenote> section, health service areas throughout the United States with respect to which health systems agencies shall be designated under section 1515. Each health service area shall meet the following requirements:<sidenote><p class="indent0 firstIndent1 fontsize8">Requirements.</p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>The area shall be a geographic region appropriate for the effective planning and development of health services, determined on the basis of factors including population and the availability of resources to provide all necessary health services for residents of the area.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>To the extent practicable, the area shall include at least one center for the provision of highly specialized health services.</content></paragraph> <page identifier="/us/stat/88/2230">88 <inline class="smallCaps">Stat.</inline> 2230</page> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <chapeau>The area, upon its establishment, shall have a population of not less than five hundred thousand or more than three million; except that—</chapeau> <subparagraph class="indent0 fontsize10"><num value="A">“(A)</num> <content>the population of an area may be more than three million if the area includes a standard metropolitan statistical area (as determined by the Office of Management and Budget) with a population of more than three million, and</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <chapeau>the population of an area may—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>be less than five hundred thousand if the area comprises an entire State which has a population of less than five hundred thousand, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <chapeau>be less than—</chapeau> <subclause class="indentUp1 fontsize10"><num value="I">“(I)</num> <content>five hundred thousand (but not less than two hundred thousand) in unusual circumstances (as determined by the Secretary), or</content></subclause> <subclause class="indentUp1 fontsize10"><num value="II">“(II)</num> <content>two hundred thousand in highly unusual circumstances (as determined by the Secretary). if the Governor of each State in which the area is located determines, with the approval of the Secretary, that the area meets the other requirements of this subsection.</content></subclause> <continuation class="indent0 fontsize10">if the Governor of each State in which the area is located determines, with the approval of the Secretary, that the area meets the other requirements of this subsection.</continuation></clause></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>To the maximum extent feasible, the boundaries of the area shall be appropriately coordinated with the boundaries of areas designated under section 1152 of the Social Security Act for <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1320c–1">42 USC 1320c–1.</ref></p></sidenote> Professional Standards Review Organizations, existing regional planning areas, and State planning and administrative areas.</content></paragraph> <continuation class="indent0 fontsize10">The boundaries of a health service area shall be established so that, in the planning and development of health services to be offered within the health service area, any economic or geographic barrier to the receipt of such services in nonmetropolitan areas is taken into account. The boundaries of health service areas shall be established so as to recognize the differences in health planning and health services development needs between nonmetropolitan and metropolitan areas. Each standard metropolitan statistical area shall be entirely within the boundaries of one health service area, except that if the Governor of each State in which a standard metropolitan statistical area is located determines, with the approval of the Secretary, that in order to meet the other requirements of this subsection a health service area should contain only part of the standard metropolitan statistical area, then such statistical area shall not be required to be entirely within the boundaries of such health service area.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">Within thirty days following the date of the enactment <sidenote><p class="indent0 firstIndent1 fontsize8">Notice to Governors.</p></sidenote> of this title, the Secretary shall simultaneously give to the Governor of each State written notice of the initiation of proceedings to establish health service areas throughout the United States. Each notice shall contain the following:</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>A statement of the requirement (in subsection (a)) of the establishment of health service areas throughout the United States.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>A statement of the criteria prescribed by subsection (a) for health service areas and the procedures prescribed by this subsection for the designation of health service area boundaries.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>A request that the Governor receiving the notice (i) designate the boundaries of health service areas within his State, and, where appropriate and in cooperation with the Governors of adjoining States, designate the boundaries within his State of health service areas located both in his State and in adjoining States, and (ii) submit (in such form and manner as the Secretary shall specify) to the Secretary, within one hundred and twenty <page identifier="/us/stat/88/2231">88 <inline class="smallCaps">Stat.</inline> 2231</page> days of the date of enactment of this title, such boundary designations together with comments, submitted by the entities referred to in paragraph (2), with respect to such designations.</content></subparagraph> <continuation class="indent0 fontsize10">At the time such notice is given under this paragraph to each <sidenote><p class="indent0 firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> Governor, the Secretary shall publish as a notice in Federal Register a statement of the giving of his notice to the Governor and the criteria and procedures contained in such notice.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>Each State’s Governor shall in the development of boundaries for health service areas consult with and solicit the views of the chief executive officer or agency of the political subdivisions within the State, the State agency which administers or supervises the administration of the State’s health planning functions under a State plan approved under section 314(a), each entity within the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s246">42 USC 246.</ref></p></sidenote> State which has developed a comprehensive regional, metropolitan, or other local area plan or plans referred to in section 314(b), and each regional medical program established in the State under the title IX.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s299">42 USC 299.</ref></p></sidenote></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">Within two hundred and ten days after the date of <sidenote><p class="indent0 firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> enactment of this title, the Secretary shall publish as a notice in the Federal Register the health service area boundary designations. The boundaries for health service areas submitted by the Governors shall, except as otherwise provided in subparagraph (B), constitute upon their publication in the Federal Register the boundaries for such health service areas.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num><clause class="inline"><num value="i">(i)</num> <content class="inline">If the Secretary determines that a boundary submitted <sidenote><p class="indent0 firstIndent1 fontsize8">Boundary revision; publication in Federal Register.</p></sidenote> to him for a health service area does not meet the requirements of subsection (a), he shall, after consultation with the Governor who submitted such boundary, make such revision in the boundary for such area (and as necessary, in the boundaries for adjoining health service areas) as may be necessary to meet such requirements and publish such revised boundary (or boundaries); and the revised boundary (or boundaries) shall upon publication in the Federal Register constitute the boundary (or boundaries) for such health service area (or areas). The Secretary shall notify the Governor of each State in which is located a health service area whose boundary is revised under this clause of the boundary revision and the reasons for such revision.</content></clause> <clause class="indent0 fontsize10"><num value="ii">“(ii)</num> <content>In the case of areas of the United States not included within <sidenote><p class="indent0 firstIndent1 fontsize8">Other health service areas; publication in Federal Register.</p></sidenote> the boundaries for health service areas submitted to the Secretary as requested under the notice under paragraph (1), the Secretary shall establish and publish in the Federal Register health service area boundaries which include such areas. The Secretary shall notify the Governor of each State in which is located a health service area the boundary for which is established under this clause of the boundaries established. In carrying out the requirement of this clause, the Secretary may make such revisions in boundaries submitted under subparagraph (A) as he determines are necessary to meet the requirement of subsection (a) for the establishment of health service areas throughout the United States.</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <content>The Secretary shall review on a continuing basis and at the <sidenote><p class="indent0 firstIndent1 fontsize8">Review.</p></sidenote> request of any Governor or designated health systems agency the appropriateness of the boundaries of the health service areas established under paragraph (3) and, if he determines that a boundary for a health service area no longer meets the requirements of subsection (a), he may revise the boundaries in accordance with the procedures prescribed by paragraph (3)(B)(ii) for the establishment of boundaries of health service areas which include areas not included in boundaries submitted by the Governors. If the Secretary acts on his <page identifier="/us/stat/88/2232">88 <inline class="smallCaps">Stat.</inline> 2232</page> own initiative to revise the boundaries of any health service area, he shall consult with the Governor of the appropriate State or States, the entities referred to in paragraph (2), the appropriate health systems agency or agencies designated under part B and the appropriate <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 2229.</p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 2242.</p></sidenote> Statewide Health Coordinating Council established under part C. A request for boundary revision shall be made only after consultation with the Governor of the appropriate State or States, the entities referred to in paragraph (2), the appropriate designated health systems agencies, and the appropriate established Statewide Health Coordinating Council and shall include the comments concerning the revision made by the entities consulted in requesting the revision.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">“(5)</num> <content>Within one year after the date of the enactment of this title the Secretary shall complete the procedures for the initial establishment of the boundaries of health service areas which (except as provided in section 1535) include the geographic area of all the States.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 2257.</p></sidenote></content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <chapeau>Notwithstanding any other requirement of this section, an area—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>for which has been developed a comprehensive regional, metropolitan area, or other local area plan referred to in section 314(b), and<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s246">42 USC 246.</ref></p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>which otherwise meets the requirements of subsection (a), shall be designated by the Secretary as a health service area unless the Governor of any State in which such area is located, upon a finding that another area is a more appropriate region for the effective planning and developlnent of health resources, waives such requirement.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“health systems agencies</inline></heading> <num value="1512"><inline class="smallCaps">“Sec.</inline> 1512.</num> <subsection class="inline"><num value="a">(a)</num> <heading><inline class="smallCaps">Definition.</inline>—</heading><content class="inline">For purposes of this title, the term <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300l–1">42 USC 300<i>l</i>–1.</ref></p></sidenote> ‘health systems agency’ means an entity which is organized and operated in the manner described in subsection (b) and which is capable, as determined by the Secretary, of performing each of the functions described in section 1513. The Secretary shall by regulation establish standards and criteria for the requirements of subsection (b) and section 1513.</content><sidenote><p class="indent0 firstIndent1 fontsize8">Standards and criteria.</p></sidenote></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1)</num> <heading><inline class="smallCaps">Legal Structure.</inline>—</heading><chapeau class="inline">A health systems agency for a health service area shall be—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>a nonprofit private corporation (or similar legal mechanism such as a public benefit corporation) which is incorporated in the State in which the largest part of the population of the health service area resides, which is not a subsidiary of, or otherwise controlled by, any other private or public corporation or other legal entity, and which only engages in health planning and development functions;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>a public regional planning body if (i) it has a governing board composed of a majority of elected officials of units of general local government or it is authorized by State law (in effect before the date of enactment of this subsection) to carry out health planning and review functions such as those described in section 1513, and (ii) its planning area is identical to the health service area; or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>a single unit of general local government if the area of the jurisdiction of that unit is identical to the health service area.</content></subparagraph> <continuation class="indent0 fontsize10">A health systems agency may not be an educational institution or operate such an institution.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <heading><inline class="smallCaps">Staff.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">Expertise.</inline>—</heading><content>A health systems agency shall have a staff which provides the agency with expertise in at least the following: <page identifier="/us/stat/88/2233">88 <inline class="smallCaps">Stat.</inline> 2233</page> (i) Administration, (ii) the gathering and analysis of data, (iii) health planning, and (iv) development and use of health resources. The functions of planning and of development of health resources shall be conducted by staffs with skills appropriate to each function.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Size and employment.</inline>—</heading><content>The size of the professional staff of any health systems agency shall be not less than five, except that if the quotient of the population (rounded to the next highest one hundred thousand) of the health service area which the agency serves divided by one hundred thousand is greater than five, the minimum size of the professional staff shall be the lesser of (i) such quotient, or (ii) twenty-five. The members of the staff shall be selected, paid, promoted, and discharged in accordance with such system as the agency may establish, except that the rate of pay for any position shall not be less than the rate of pay prevailing in the health service area for similar positions in other public or private health service entities. If necessary for the performance of <sidenote><p class="indent0 firstIndent1 fontsize8">Consultants and contracted services.</p></sidenote> its functions, a health systems agency may employ consultants and may contract with individuals and entities for the provision of services. Compensation for consultants and for contracted services shall be established in accordance with standards established by regulation by the Secretary.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <heading><inline class="smallCaps">Governing Body.</inline>—</heading> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <heading><inline class="smallCaps">In general.</inline>—</heading><content>A health systems agency which is a public regional planning body or unit of general local government shall, in addition to any other governing body, have a governing body for health planning, which is established in accordance with subparagraph (C), which shall have the responsibilities prescribed by subparagraph (B), and which has exclusive authority to perform for the agency the functions described in section 1513. Any other health systems agency shall have a governing body composed, in accordance with subparagraph (C), of not less than ten members and of not more than thirty members, except that the number of members may exceed thirty if the governing body has established another unit (referred to in this paragraph as an ‘executive committee’) composed, in accordance with subparagraph (C), of not more than twenty-five members of the governing body and has delegated to that unit the authority to take such action (other than the establishment and revision of the plans referred to in subparagraph (B)(ii)) as the governing body is authorized to take.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <heading><inline class="smallCaps">Responsibilities.</inline>—</heading><chapeau>The governing body—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>shall be responsible for the internal affairs of the health systems agency, including matters relating to the staff of the agency, the agency’s budget, and procedures and criteria (developed and published pursuant to section 1532) <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 2251.</p></sidenote> applicable to its functions under subsections (e), (f), and (g) of section 1513;</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>shall be responsible for the establishment of the health systems plan and annual implementation plan required by section 1513(b);</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>shall be responsible for the approval of grants and <sidenote><p class="indent0 firstIndent1 fontsize8">Grants and contracts, approval.</p></sidenote> contracts made and entered into under section 1513(c)(3);</content></clause> <clause class="indentUp1 fontsize10"><num value="iv">“(iv)</num> <content>shall be responsible for the approval of all actions taken pursuant to subsections (e), (f), (g), and (h), of section 1513;</content></clause> <clause class="indentUp1 fontsize10"><num value="v">“(v)</num> <content>shall (I) issue an annual report concerning the <sidenote><p class="indent0 firstIndent1 fontsize8">Report.</p></sidenote> activities of the agency, (II) include in that report the health <page identifier="/us/stat/88/2234">88 <inline class="smallCaps">Stat.</inline> 2234</page> systems plan and annual implementation plan developed by the agency, and a listing of the agency’s income, expenditures, assets, and liabilities, and (III) make the report readily available to the residents of the health service area and the various communications media serving such area;</content></clause> <clause class="indentUp1 fontsize10"><num value="vi">“(vi)</num> <content>shall reimburse its members for their reasonable costs incurred in attending meetings of the governing body;</content></clause> <clause class="indentUp1 fontsize10"><num value="vii">“(vii)</num> <content>shall meet at least once in each calendar quarter of a year and shall meet at least two additional times in a year unless its executive committee meets at least twice in that year; and</content></clause> <clause class="indentUp1 fontsize10"><num value="viii">“(viii)</num> <content>shall (I) conduct its business meetings in public, (II) give adequate notice to the public of such meetings, and (III) make its records and data available, upon request, to the public.</content></clause> <continuation class="indent0 fontsize10">The governing body (and executive committee (if any)) of a health systems agency shall act only by vote of a majority of its members present and voting at a meeting called upon adequate notice to all of its members and at which a quorum is in attendance. A quorum for a governing body and executive committee shall be not less than one-half of its members.</continuation></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <heading><inline class="smallCaps">Composition.</inline>—</heading><chapeau>The membership of the governing body and the executive committee (if any) of an agency shall meet the following requirements:</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>A majority (but not more than 60 per centum of the members) shall be residents of the health service area served by the entity who are consumers of health care and who are not (nor within the twelve months preceding appointment been) providers of health care and who are broadly representative of the social, economic, linguistic and racial populations, geographic areas of the health service area, and major purchasers of health care.</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>The remainder of the members shall be residents of the health service area served by the agency who are providers of health care and who represent (I) physicians (particularly practicing physicians), dentists, nurses, and other health professionals, (II) health care institutions (particularly hospitals, long-term care facilities, and health maintenance organizations), (III) health care insurers, (IV) health professional schools, and (V) the allied health professions. Not less than one-third of the providers of health care who are members of the governing body or executive committee of a health systems agency shall be direct providers of health care (as described in section 1531(3)).</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <chapeau>The membership shall—</chapeau> <subclause class="indentUp1 fontsize10"><num value="I">“(I)</num> <content>include (either through consumer or provider members) public elected officials and other representatives of governmental authorities in the agency’s health service area and representatives of public and private agencies in the area concerned with health,</content></subclause> <subclause class="indentUp1 fontsize10"><num value="II">“(II)</num> <content>include a percentage of individuals who reside in nonmetropolitan areas within the health service area which percentage is equal to the percentage of residents of the area who reside in nonmetropolitan areas, and</content></subclause> <subclause class="indentUp1 fontsize10"><num value="III">“(III)</num> <content>if the health systems agency serves an area in which there is located one or more hospitals or other health care facilities of the Veterans’ Administration, include, as an ex officio member, an individual whom the Chief Medical Director of the Veterans’ Administration <page identifier="/us/stat/88/2235">88 <inline class="smallCaps">Stat.</inline> 2235</page> shall have designated for such purpose, and if the agency serves an area in which there is located one or more qualified health maintenance organizations (within the meaning of section 1310), include at least one member who is representative of such organizations.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300e–9">42 USC 300e–9.</ref></p></sidenote></subclause></clause> <clause class="indentUp1 fontsize10"><num value="iv">“(iv)</num> <content>If, in the exercise of its functions, a governing body or executive committee appoints a subcommittee of its members or an advisory group, it shall, to the extent practicable, make its appointments to any such subcommittee or group in such a manner as to provide the representation on such subcommittee or group described in this subparagraph.</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <heading><inline class="smallCaps">Individual Liability.</inline>—</heading><content>No individual who, as a member or employee of a health systems agency, shall, by reason of his performance of any duty, function, or activity required of, or authorized to be undertaken by, the agency under this title, be liable for the payment of damages under any law of the United States or any State (or political subdivision thereof) if he has acted within the scope of such duty, function, or activity, has exercised due care, and has acted, with respect to that performance, without malice toward any person affected by it.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">“(5)</num> <heading><inline class="smallCaps">Private Contributions.</inline>—</heading><content>No health systems agency may accept any funds or contributions of services or facilities from any individual or private entity which has a financial, fiduciary, or other direct interest in the development, expansion, or support of health resources unless, in the case of an entity, it is an organization described in section 509(a) of the Internal Revenue Code of 1954 and is not <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s509">26 USC 509.</ref></p></sidenote> directly engaged in the provision of health care in the health service area of the agency. For purposes of this paragraph, an entity shall not be considered to have such an interest solely on the basis of its providing (directly or indirectly) health care for its employees.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="6">“(6)</num> <heading><inline class="smallCaps">Other Requirements.</inline>—</heading><chapeau>Each health system agency shall—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>make such reports, in such form and containing such <sidenote><p class="indent0 firstIndent1 fontsize8">Reports; recordkeeping.</p></sidenote> information, concerning its structure, operations, performance of functions, and other matters as the Secretary may from time to time require, and keep such records and afford such access thereto as the Secretary may find necessary to verify such reports;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>provide for such fiscal control and fund accounting procedures as the Secretary may require to assure proper disbursement of, and accounting for, amounts received from the Secretary under this title and section 1640; and<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 2273.</p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>permit the Secretary and the Comptroller General of the United States, or their representatives, to have access for the purpose of audit and examination to any books, documents, papers, and records pertinent to the disposition of amounts received from the Secretary under this title and section 1640.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <heading><inline class="smallCaps">Subarea Councils.</inline>—</heading><content>A health systems agency may establish <sidenote><p class="indent0 firstIndent1 fontsize8">Establishment.</p></sidenote> subarea advisory councils representing parts of the agencies’ health service area to advise the governing body of the agency on the performance of its functions. The composition of a subarea advisory council shall conform to the requirements of subsection (b)(3)(C).</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“functions of health systems agencies</inline></heading> <num value="1513"><inline class="smallCaps">“Sec.</inline> 1513.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">For the purpose of—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300l–2">42 USC 300<i>l</i>–2.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>improving the health of residents of a health service area,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>increasing the accessibility (including overcoming geographic, architectural, and transportation barriers), acceptability, continuity, and quality of the health services provided them,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>restraining increases in the cost of providing them health services, and</content></paragraph> <page identifier="/us/stat/88/2236">88 <inline class="smallCaps">Stat.</inline> 2236</page> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>preventing unnecessary duplication of health resources,</content></paragraph> <continuation class="indent0 fontsize10">each health systems agency shall have as its primary responsibility the provision of effective health planning for its health service area and the promotion of the development within the area of health services, manpower, and facilities which meet identified needs, reduce documented inefficiencies, and implement the health plans of the agency. To meet its primary responsibility, a health systems agency shall carry out the functions described in subsections (b) through (g) of this section.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <chapeau>In providing health planning and resources development for its health service area, a health systems agency shall perform the following functions:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <chapeau>The agency shall assemble and analyze data concerning—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the status (and its determinants) of the health of the residents of its health service area,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the status of the health care delivery system in the area and the use of that system by the residents of the area,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>the effect the area’s health care delivery system has on the health of the residents of the area,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>the number, type, and location of the area’s health resources, including health services, manpower, and facilities,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <content>the patterns of utilization of the area’s health resources, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="F">“(F)</num> <content>the environmental and occupational exposure factors affecting immediate and long-term health conditions.</content></subparagraph></paragraph> <continuation class="indent0 fontsize10">In carrying out this paragraph, the agency shall to the maximum <sidenote><p class="indent0 firstIndent1 fontsize8">Coordination with cooperative system.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s242d">42 USC 242d.</ref></p></sidenote> extent practicable use existing data (including data developed under Federal health programs) and coordinate its activities with the cooperative system provided for under section 306(e).</continuation> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>The agency shall, after appropriate consideration of the <sidenote><p class="indent0 firstIndent1 fontsize8">Health systems plan.</p> <p class="indent0 firstIndent1 fontsize8">Establishment.</p></sidenote> recommended national guidelines for health planning policy issued by the Secretary under section 1501, the priorities set forth in section 1502, and the data developed pursuant to paragraph (1), establish, annually review, and amend as necessary a health systems plan (hereinafter in this title referred to as the ‘HSP’) which shall be a detailed statement of goals (A) describing a healthful environment and health systems in the area which, when developed, will assure that quality health services will be available and accessible in a manner which assures continuity of care, at reasonable cost, for all residents of the area; (B) which are responsive to the unique needs and resources of the area; and (C) which take into account and is consistent with the national guidelines for health planning policy issued by the Secretary under section 1501 respecting supply, distribution, and organization of health resources and services. Before establishing an HSP, <sidenote><p class="indent0 firstIndent1 fontsize8">Hearing.</p></sidenote> a health systems agency shall conduct a public hearing on the proposed HSP and shall give interested persons an opportunity to submit their views orally and in writing. Not less than thirty <sidenote><p class="indent0 firstIndent1 fontsize8">Notice.</p></sidenote> days prior to such hearing, the agency shall publish in at least two newspapers of general circulation throughout its health service area a notice of its consideration of the proposed HSP, the time and place of the hearing, the place at which interested persons may consult the HSP in advance of the hearing, and the place and period during which to submit written comments to the agency on the HSP.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>The agency shall establish, annually review, and amend <sidenote><p class="indent0 firstIndent1 fontsize8">Annual implementation plan.</p> <p class="indent0 firstIndent1 fontsize8">Establishment.</p></sidenote> as necessary an annual implementation plan (hereinafter in this title referred to as the ‘AIP’) which describes objectives which <page identifier="/us/stat/88/2237">88 <inline class="smallCaps">Stat.</inline> 2237</page> will achieve the goals of the HSP and priorities among the objectives. In establishing the AIP, the agency shall give priority to those objectives which will maximally improve the health of the residents of the area, as determined on the basis of the relation of the cost of attaining such objectives to their benefits, and which are fitted to the special needs of the area.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>The agency shall develop and publish specific plans and <sidenote><p class="indent0 firstIndent1 fontsize8">Plans and projects.</p></sidenote> projects for achieving the objectives established in the AIP.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <chapeau>A health systems agency shall implement its HSP and AIP, and in implementing the plans it shall perform at least the following functions:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>The agency shall seek, to the extent practicable, to implement its HSP and AIP with the assistance of individuals and public and private entities in its health service area.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>The agency may provide, in accordance with the priorities established in the AIP, technical assistance to individuals and public and private entities for the development of projects and programs which the agency determines are necessary to achieve the health systems described in the HSP, including assistance in meeting the requirements of the agency prescribed under section 1532(b).</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>The agency shall, in accordance with the priorities established <sidenote><p class="indent0 firstIndent1 fontsize8">Grants and contracts.</p></sidenote> in the AIP, make grants to public and nonprofit private entities and enter into contracts with individuals and public and nonprofit private entities to assist them in planning and developing projects and programs which the agency determines are necessary for the achievement of the health systems described in the HSP. Such grants and contracts shall be made from the Area Health Services Development Fund of the agency established with funds provided under grants made under section 1640. No <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 2273.</p></sidenote> grants or contract under this subsection may be used (A) to pay the costs incurred by an entity or individual in the delivery of health services (as defined in regulations of the Secretary), or (B) for the cost of construction or modernization of medical facilities. No single grant or contract made or entered into under this paragraph shall be available for obligation beyond the one year period beginning on the date the grant or contract was made or entered into. If an individual or entity receives a grant or contract under this paragraph for a project or program, such individual or entity may receive only one more such grant or contract for such project or program.</content><sidenote><p class="indent0 firstIndent1 fontsize8">Limitation.</p></sidenote></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <chapeau>Each health systems agency shall coordinate its activities <sidenote><p class="indent0 firstIndent1 fontsize8">Coordination.</p></sidenote> with—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>each Professional Standards Review Organization (designated under section 1152 of the Social Security Act),<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1320c–1">42 USC 1320c–1.</ref></p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>entities referred to in paragraphs (1) and (2) of section 204(a) of the Demonstration Cities and Metropolitan Development Act of 1966 and regional and local entities the views of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3334">42 USC 3334.</ref></p></sidenote> which are required to be considered under regulations prescribed under section 403 of the Intergovernmental Cooperation Act of 1968 to carry out section 401(b) of such Act,</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4233//s4231">42 USC 4233, 4231.</ref></p></sidenote></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>other appropriate general or special purpose regional planning or administrative agencies, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>any other appropriate entity,</content></paragraph> <continuation class="indent0 fontsize10">in the health system agency’s health service area. The agency shall, as appropriate, secure data from them for use in the agency’s planning and development activities, enter into agreements with them which will assure that actions taken by such entities which alter the area’s <page identifier="/us/stat/88/2238">88 <inline class="smallCaps">Stat.</inline> 2238</page> health system will be taken in a manner which is consistent with the HSP and the AIP in effect for the area, and, to the extent practicable, provide technical assistance to such entities.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num><paragraph class="inline"><num value="1">(1)</num><subparagraph class="inline"><num value="A">(A)</num> <chapeau class="inline">Except as provided in subparagraph (B), each health <sidenote><p class="indent0 firstIndent1 fontsize8">Use of Federal funds, approval.</p></sidenote> systems agency shall review and approve or disapprove each proposed use within its health service area of Federal funds—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>appropriated under this Act, the Community Mental Health Centers Act, or the Comprehensive Alcohol Abuse and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2681">42 USC 2681</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4551">42 USC 4551</ref> note.</p></sidenote> Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 for grants, contracts, loans, or loan guarantees for the development, expansion, or support of health resources; or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>made available by the State in which the health service area is located (from an allotment to the State under an Act referred to in clause (i)) for grants or contracts for the development, expansion, or support of health resources.</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <chapeau>A health systems agency shall not review and approve or disapprove the proposed use within its health service area of Federal funds appropriated for grants or contracts under title IV, VII, or VIII of this Act unless the grants or contracts are to be made, entered <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s281/s292/s296">42 USC 281, 292, 296.</ref></p></sidenote> into, or used to support the development of health resources intended for use in the health service area or the delivery of health services. In the case of a proposed use within the health service area of a health systems agency of Federal funds described in subparagraph (A) by an Indian tribe or inter-tribal Indian organization for any program or project which will be located within or will specifically serve—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>a federally-recognized Indian reservation,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>any land area in Oklahoma which is held in trust by the United States for Indians or which is a restricted Indian-owned land area, or</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>a Native village in Alaska (as defined in section 3(c) of the Alaska Native Claims Settlement Act),<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s1602">43 USC 1602.</ref></p></sidenote></content></clause> <continuation class="indent0 fontsize10">a health systems agency shall only review and comment on such proposed use.</continuation></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>Notwithstanding any other provision of this Act or any other Act referred to in paragraph (1), the Secretary shall allow a health systems agency sixty days to make the review required by such paragraph. If an agency disapproves a proposed use in its health service area of Federal funds described in paragraph (1), the Secretary may not make such Federal funds available for such use until he has made, upon request of the entity making such proposal, a review of the agency decision. In making any such review of any agency decision, the Secretary shall give the appropriate State health planning and development agency an opportunity to consider the decision of the health systems agency and to submit to the Secretary its comments on the decision. The Secretary, after taking into consideration such State agency’s comments (if any), may make such Federal funds available for such use, notwithstanding the disapproval of the health systems agency. Each such decision by the Secretary to make funds available shall be submitted to the appropriate health systems agency and State health planning and development agency and shall contain a detailed statement of the reasons for the decision.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>Each health systems agency shall provide each Indian tribe <sidenote><p class="indent0 firstIndent1 fontsize8">Information to Indian tribes or organizations.</p></sidenote> or inter-tribal Indian organization which is located within the agency’s health service area information respecting the availability of the Federal funds described in the first sentence of this subsection.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <content>To assist State health planning and development agencies in carrying out their functions under paragraphs (4) and (5) of section 1523(a) each health systems agency shall review and make recommen-<page identifier="/us/stat/88/2239">88 <inline class="smallCaps">Stat.</inline> 2239</page>dations to the appropriate State health planning and development agency respecting the need for new institutional health services proposed to be offered or developed in the health service area of such health systems agency.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">“(g)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Except as provided in paragraph (2), each health systems <sidenote><p class="indent0 firstIndent1 fontsize8">Institutional health services, review.</p></sidenote> agency shall review on a periodic basis (but at least every five years) all institutional health services offered in the health service area of the agency and shall make recommendations to the State health planning and development agency designated under section 1521 for each State in which the health systems agency’s health service area is located respecting the appropriateness in the area of such services.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>A health systems agency shall complete its initial review of existing institutional health services within three years after the date of the agency’s designation under section 1515(c).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="h">“(h)</num> <content>Each health systems agency shall annually recommend to the State health planning and development agency designated for each State in which the health systems agency’s health service area is located (1) projects for the modernization, construction, and conversion of medical facilities in the agency’s health service area which projects will achieve the HSP and AIP of the health systems agency, and (2) priorities among such projects.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“assistance to entities desiring to be designated as health systems agencies</inline></heading> <num value="1514"><inline class="smallCaps">“Sec.</inline> 1514.</num> <chapeau>The Secretary may provide all necessary technical and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300l–3">42 USC 300<i>l</i>–3.</ref></p></sidenote> other nonfinancial assistance (including the preparation of prototype plans of organization and operation) to nonprofit private entities (including entities presently receiving financial assistance under section 314(b) or title IX or as experimental health service delivery systems under section 304) which—</chapeau><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s246/s299/s242b">42 USC 246, 299, 242b.</ref></p></sidenote> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>express a desire to be designated as health systems agencies, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>the Secretary determines have a potential to meet the requirements of a health systems agency specified in sections 1512 and 1513,</content></paragraph> <continuation class="indent0 fontsize10">to assist such entities in developing applications to be submitted to the Secretary under section 1515 and otherwise in preparing to meet the requirements of this part for designation as a health systems agency.</continuation> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“designation of health systems agencies</inline></heading> <num value="1515"><inline class="smallCaps">“Sec.</inline> 1515.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">At the earliest practicable date after the establishment <sidenote><p class="indent0 firstIndent1 fontsize8">Agreements.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300l–4">42 USC 300<i>l</i>–4.</ref></p></sidenote> under section 1511 of health service areas (but not later than eighteen months after the date of enactment of this title) the Secretary shall enter into agreements in accordance with this section for the designation of health systems agencies for such areas.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Secretary may enter into agreements with entities under which the entities would be designated as the health systems agencies for health service areas on a conditional basis with a view to determining their ability to meet the requirements of section 1512 (b), and their capacity to perform the functions prescribed by section 1513.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>During any period of conditional designation (which may not exceed 24 months), the Secretary may require that the entity conditionally designated meet only such of the requirements of section 1512(b) and perform only such of the functions prescribed by section 1513 as he determines such entity to be capable of meeting and performing. The number and type of such requirements and functions <page identifier="/us/stat/88/2240">88 <inline class="smallCaps">Stat.</inline> 2240</page> shall, during the period of conditional designation, be progressively increased as the entity conditionally designated becomes capable of added responsibility so that, by the end of such period, the agency may be considered for designation under subsection (c).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>Any agreement under which any entity is conditionally designated <sidenote><p class="indent0 firstIndent1 fontsize8">Termination.</p></sidenote> as a health systems agency may be terminated by such entity upon ninety days notice to the Secretary or by the Secretary upon ninety days notice to such entity.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <chapeau>The Secretary may not enter into an agreement with any entity <sidenote><p class="indent0 firstIndent1 fontsize8">Conditional designation.</p></sidenote> under paragraph (1) for conditional designation as a health systems agency for a health service area until—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the entity has submitted an application for such designation which contains assurances satisfactory to the Secretary that upon completion of the period of conditional designation the applicant will be organized and operated in the manner described in section 1512(b) and will be qualified to perform the functions prescribed by section 1513;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>a plan for the orderly assumption and implementation of the functions of a health systems agency has been received from the applicant and approved by the Secretary; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>the Secretary has consulted with the Governor of each State in which such health service area is located and with such other State and local officials as he may deem appropriate, with respect to such designation.</content></subparagraph> <continuation class="indent0 fontsize10">In considering such applications, the Secretary shall give priority to an application which has been recommended for approval by each entity which has developed a plan referred to in section 314(b) for <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s246">42 USC 246.</ref></p></sidenote> all or part of the health service area with respect to which the application was submitted, and each regional medical program established in such area under title IX.</continuation><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s299">42 USC 299.</ref></p></sidenote></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">The Secretary shall enter into an agreement with an entity for its designation as a health systems agency if, on the basis of an application under paragraph (2) (and, in the case of an entity conditionally designated, on the basis of its performance during a period of conditional designation under subsection (b) as a health systems agency for a health service area), the Secretary determines that such entity is capable of fulfilling, in a satisfactory manner, the requirements and functions of a health systems agency. Any such agreement <sidenote><p class="indent0 firstIndent1 fontsize8">Renewal.</p></sidenote> under this subsection with an entity may be renewed in accordance with paragraph (3), shall contain such provisions respecting the requirements of sections 1512(b) and 1513 and such conditions designed to carry out the purpose of this title, as the Secretary may prescribe, and shall be for a term of not to exceed twelve months; except that, prior to the expiration of such term, such agreement may be terminated—</chapeau><sidenote><p class="indent0 firstIndent1 fontsize8">Termination.</p></sidenote> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>by the entity at such time and upon such notice to the Secretary as he may by regulation prescribe, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>by the Secretary, at such time and upon such notice to the entity as the Secretary may by regulation prescribe, if the Secretary determines that the entity is not complying with or effectively carrying out the provisions of such agreement.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>The Secretary may not enter into an agreement with any entity <sidenote><p class="indent0 firstIndent1 fontsize8">Application.</p></sidenote> under paragraph (1) for designation as a health systems agency for a health service area unless the entity has submitted an application to the Secretary for designation as a health systems agency, and the Governor of each State in which the area is located has been consulted respecting such designation of such entity. Such an application shall contain assurances satisfactory to the Secretary that the applicant meets the requirements of section 1512(b) and is qualified to perform <page identifier="/us/stat/88/2241">88 <inline class="smallCaps">Stat.</inline> 2241</page> or is performing the functions prescribed by section 1513. In considering <sidenote><p class="indent0 firstIndent1 fontsize8">Priority.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s246">42 USC 246.</ref></p></sidenote> such applications, the Secretary shall give priority to an application which has been recommended for approval by (A) each entity which has developed a plan referred to in section 314(b) for all or part of the health service area with respect to which the application was submitted, and (B) each regional medical program established in such area under title IX.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s299">42 USC 299.</ref></p></sidenote></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>An agreement under this subsection for the designation of a <sidenote><p class="indent0 firstIndent1 fontsize8">Renewal.</p></sidenote> health systems agency may be renewed by the Secretary for a period not to exceed twelve months if upon review (as provided in section 1535) of the agency’s operation and performance of its functions, he <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 2256.</p></sidenote> determines that it has fulfilled, in a satisfactory manner, the functions of a health systems agency prescribed by section 1513 and continues to meet the requirements of section 1512(b).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>If a designation under subsection (b) or (c) of a health systems agency for a health services area is terminated before the date prescribed for its expiration, the Secretary shall, upon application and in accordance with subsection (b) or (c) (as the Secretary determines appropriate), enter into a designation agreement with another entity to be the health systems agency for such area.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“planning grants</inline></heading> <num value="1516"><inline class="smallCaps">“Sec.</inline> 1516.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary shall make in each fiscal year a grant <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300l–5">42 USC 300<i>l</i>–5.</ref></p></sidenote> to each health systems agency with which there is in effect a designation agreement under subsection (b) or (c) of section 1515. A grant under this subsection shall be made on such conditions as the Secretary determines is appropriate, shall be used by a health systems agency for compensation of agency personnel, collection of data, planning, and the performance of the functions of the agency, and shall be available for obligation for a period not to exceed the period for which its designation agreement is entered into or renewed (as the case may be). A health systems agency may use funds under a grant under this subsection <sidenote><p class="indent0 firstIndent1 fontsize8">Use of funds, restriction.</p></sidenote> to make payments under contracts with other entities to assist the health systems agency in the performance of its functions; but it shall not use funds under such a grant to make payments under a grant or contract with another entity for the development or delivery of health services or resources.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">The amount of any grant under subsection (a) to a health systems agency designated under section 1515(b) shall be determined by the Secretary. The amount of any grant under subsection (a) to any health systems agency designated under section 1515(c) shall be the lesser of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the product of $0.50 and the population of the health service area for which the agency is designated, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>$3,750,000,</content></subparagraph> <continuation class="indent0 fontsize10">unless the agency would receive a greater amount under paragraph (2) or (3).</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num><subparagraph class="inline"><num value="A">(A)</num> <chapeau class="inline">If the application of a health systems agency for such a <sidenote><p class="indent0 firstIndent1 fontsize8">Obligation of non-Federal funds.</p></sidenote> grant contains assurances satisfactory to the Secretary that the agency will expend or obligate in the period in which such grant will be available for obligation non-Federal funds meeting the requirements of subparagraph (B) for the purposes for which such grant may be made, the amount of such grant shall be the sum of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the amount determined under paragraph (1), and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the lesser of (I) the amount of such non-Federal funds with respect to which the assurances were made, or (II) the product of $0.25 and the population of the health service area for which the agency is designated.</content></clause></subparagraph> <page identifier="/us/stat/88/2242">88 <inline class="smallCaps">Stat.</inline> 2242</page> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <chapeau>The non-Federal funds which an agency may use for the purpose of obtaining a grant under subsection (a) which is computed on the basis of the formula prescribed by subparagraph (A) shall—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>not include any funds contributed to the agency by any individual or private entity which has a financial, fiduciary, or other direct interest in the development, expansion, or support of health resources, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>be funds which are not paid to the agency for the performance of particular services by it and which are otherwise contributed to the agency without conditions as to their use other than the condition that the funds shall be used for the purposes for which a grant made under this section may be used.</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>The amount of a grant under subsection (a) to a health systems agency designated under section 1515(c) may not be less than $175,000.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">For the purpose of making payments pursuant to grants <sidenote><p class="indent0 firstIndent1 fontsize8">Appropriations.</p></sidenote> made under subsection (a), there are authorized to be appropriated $60,000,000 for the fiscal year ending June 30, 1975, $90,000,000 for the fiscal year ending June 30, 1976, and $125,000,000 for the fiscal year ending June 30, 1977.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>Notwithstanding subsection (b), if the total of the grants to be made under this section to health systems agencies for any fiscal year exceeds the total of the amounts appropriated under paragraph (1) for that fiscal year, the amount of the grant for that fiscal year to each health systems agency shall be an amount which bears the same ratio to the amount determined for that agency for that fiscal year under subsection (b) as the total of the amounts appropriated under paragraph (1) for that fiscal year bears to the total amount required to make grants to all health systems agencies in accordance with the applicable provision of subsection (b); except that the amount of any grant to a health systems agency for any fiscal year shall not be less than $175,000, unless the amount appropriated for that fiscal year under paragraph (1) is less than the amount required to make such a grant to each health systems agency.</content></paragraph></subsection> </section> </part> <part> <num value="C"><inline class="smallCaps">“Part C</inline>—</num><heading><inline class="smallCaps">State Health Planning and Development</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“designation of state health planning and development agencies</inline></heading> <num value="1521"><inline class="smallCaps">“Sec.</inline> 1521.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">For the purpose of the performance within each <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300m">42 USC 300m.</ref></p></sidenote> State of the health planning and development functions prescribed by section 1523, the Secretary shall enter into and renew agreements (described in subsection (b)) for the designation of a State health planning and development agency for each State other than a State for which the Secretary may not under subsection (d) enter into, continue in effect, or renew such an agreement.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">A designation agreement under subsection (a) is an agreement with the Governor of a State for the designation of an agency (selected by the Governor) of the government of that State as the State health planning and development agency (hereinafter in this part referred to as the ‘State Agency’) to administer the State administrative program prescribed by section 1522 and to carry out the State’s health planning and development functions prescribed by section 1523. The Secretary may not enter into such an agreement <sidenote><p class="indent0 firstIndent1 fontsize8">Conditions.</p></sidenote> with the Governor of a State unless—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>there has been submitted by the State a State administrative program which has been approved by the Secretary,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>an application has been made to the Secretary for such an agreement and the application contains assurances satisfactory <page identifier="/us/stat/88/2243">88 <inline class="smallCaps">Stat.</inline> 2243</page> to the Secretary that the agency selected by the Governor for designation as the State Agency has the authority and resources to administer the State administrative program of the State and to carry out the health planning and development functions prescribed by section 1523, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>in the case of an agreement entered into under paragraph (3), there has been established for the State a Statewide Health Coordinating Council meeting the requirements of section 1524.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">The agreement entered into with a Governor of a State under subsection (a) may provide for the designation of a State Agency on a conditional basis with a view to determining the capacity of the designated State Agency to administer the State administrative program of the State and to carry out the health planning and development functions prescribed by section 1523. The Secretary shall <sidenote><p class="indent0 firstIndent1 fontsize8">Plan.</p></sidenote> require as a condition to the entering into of such an agreement that the Governor submit on behalf of the agency to be designated a plan for the agency’s orderly assumption and implementation of such functions.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <content>The period of an agreement described in subparagraph (A) <sidenote><p class="indent0 firstIndent1 fontsize8">Period of agreement.</p></sidenote> may not exceed twenty-four months. During such period the Secretary may require that the designated State Agency perform only such of the functions of a State Agency prescribed by section 1523 as he determines it is capable of performing. The number and type of such functions shall, during such period, be progressively increased as the designated State Agency becomes capable of added responsibility, so that by the end of such period the designated State Agency may be considered for designation under paragraph (3).</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">“(C)</num> <content>Any agreement with a Governor of a State entered into under <sidenote><p class="indent0 firstIndent1 fontsize8">Termination.</p></sidenote> subparagraph (A) may be terminated by the Governor upon ninety days’ notice to the Secretary or by the Secretary upon ninety days’ notice to the Governor.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <chapeau>If, on the basis of an application for designation as a State <sidenote><p class="indent0 firstIndent1 fontsize8">State Agency, designation.</p></sidenote> Agency (and, in the case of an agency conditionally designated under paragraph (2), on the basis of its performance under an agreement with a Governor of a State entered into under such paragraph), the Secretary determines that the agency is capable of fulfilling, in a satisfactory manner, the responsibilities of a State Agency, he shall enter into an agreement with the Governor of the State designating the agency as the State Agency for the State. No such <sidenote><p class="indent0 firstIndent1 fontsize8">Application submittal to Secretary.</p> <p class="indent0 firstIndent1 fontsize8">Termination.</p></sidenote> agreement may be made unless an application therefor is submitted to, and approved by, the Secretary. Any such agreement shall be for a term of not to exceed twelve months, except that, prior to the expiration of such term, such agreement may be terminated—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>by the Governor at such time and upon such notice to the Secretary as he may by regulation prescribe, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>by the Secretary, at such time and upon such notice to the Governor as the Secretary may by regulation prescribe, if the Secretary determines that the designated State Agency is not complying with or effectively carrying out the provisions of such agreement.</content></subparagraph> <continuation class="indent0 fontsize10">An agreement under this paragraph shall contain such provisions as the Secretary may require to assure that the requirements of this part respecting State Agencies are complied with.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <content>An agreement entered into under paragraph (3) for <sidenote><p class="indent0 firstIndent1 fontsize8">Renewal.</p></sidenote> the designation of a State Agency may be renewed by the Secretary for a period not to exceed twelve months if he determines that it has fulfilled, in a satisfactory manner, the responsibilities of a State Agency during the period of the agreement to be renewed and if the <page identifier="/us/stat/88/2244">88 <inline class="smallCaps">Stat.</inline> 2244</page> applicable State administrative program continues to meet the requirements of section 1522.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>If a designation agreement with the Governor of a State entered into under subsection (b)(2) or (b)(3) is terminated before the date prescribed for its expiration, the Secretary shall, upon application and in accordance with subsection (b)(2), or (b)(3) (as the Secretary determines appropriate), enter into another agreement with the Governor for the designation of a State Agency.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>If, upon the expiration of the fourth fiscal year which begins after the calendar year in which the National Health Policy, Planning, and Resources Development Act of 1974 is enacted, an agreement under this section for the designation of a State Agency for a State is not in effect, the Secretary may not make any allotment, grant, loan, or loan guarantee, or enter into any contract, under this Act, the Community Mental Health Centers Act, or the Comprehensive Alcohol Abuse and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2681">42 USC 2681</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4551">42 USC 4551</ref> note.</p></sidenote> Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 for the development, expansion, or support of health resources in such State until such time as such an agreement is in effect.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“state administrative program</inline></heading> <num value="1522"><inline class="smallCaps">“Sec.</inline> 1522.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">A State administrative program (hereinafter in <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300m–1">42 USC 300m–1.</ref></p></sidenote> this section referred to as the ‘State Program’) is a program for the performance within the State by its State Agency of the functions prescribed by section 1523. The Secretary may not approve a State Program for a State unless it—</chapeau><sidenote><p class="indent0 firstIndent1 fontsize8">Conditions.</p></sidenote> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>meets the requirements of subsection (b);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>has been submitted to the Secretary by the Governor of the State at such time and in such detail, and contains or is accompanied by such information, as the Secretary deems necessary; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>has been submitted to the Secretary only after the Governor of the State has afforded to the general public of the State a reasonable opportunity for a presentation of views on the State Program.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <chapeau>The State Program of a State must—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>provide for the performance within the State (after the designation of a State Agency and in accordance with the designation agreement) of the functions prescribed by section 1523 and specify the State Agency of the State as the sole agency for the performance of such functions (except as provided in subsection (b) of such section) and for the administration of the State Program;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>contain or be supported by satisfactory evidence that the State Agency has under State law the authority to carry out such functions and the State Program in accordance with this part and contain a current budget for the operation of the State Agency;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>provide for adequate consultation with, and authority for, the Statewide Health Coordinating Council (prescribed by section 1524), in carrying out such functions and the State Program;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">set forth in such detail as the Secretary may prescribe the qualifications for personnel having responsibilities in the performance of such functions and the State Program, and require the State Agency to have a professional staff for planning and a professional staff for development, which staffs shall be of such size and meet such qualifications as the Secretary may prescribe;</content></subparagraph> <page identifier="/us/stat/88/2245">88 <inline class="smallCaps">Stat.</inline> 2245</page> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <content>provide for such methods of administration as are found by the Secretary to be necessary for the proper and efficient administration of such functions and the State Program, including methods relating to the establishment and maintenance of personnel standards on a merit basis consistent with such standards as are or may be established by the Civil Service Commission under section 208(a) of the Intergovernmental Personnel Act of 1970 (Public Law 91–648), but the Secretary shall exercise no <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4728">42 USC 4728.</ref></p></sidenote> authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with the methods relating to personnel standards on a merit basis established and maintained in conformity with this paragraph;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <content>require the State Agency to perform its functions in accordance with procedures and criteria established and published by it, which procedures and criteria shall conform to the requirements of section 1532;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <content>require the State Agency to (A) conduct its business meetings in public, (B) give adequate notice to the public of such meetings, and (C) make its records and data available, upon request, to the public;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">“(7)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">provide for the coordination (in accordance with regulations of the Secretary) with the cooperative system provided for under section 306(e) of the activities of the State Agency <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 365.</p> <p class="indent0 firstIndent1 fontsize8">Reports.</p></sidenote> for the collection, retrieval, analysis, reporting, and publication of statistical and other information related to health and health care, and</content></subparagraph> <subparagraph class="inline"><num value="B">(B)</num> <content class="inline">require providers of health care doing business in the State to make statistical and other reports of such information to the State Agency;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">“(8)</num> <content>provide, in accordance with methods and procedures prescribed <sidenote><p class="indent0 firstIndent1 fontsize8">Performance evaluation.</p></sidenote> or approved by the Secretary, for the evaluation, at least annually, of the performance by the State Agency of its functions and of their economic effectiveness;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">“(9)</num> <content>provide that the State Agency will from time to time, and <sidenote><p class="indent0 firstIndent1 fontsize8">Review of State program.</p></sidenote> in any event not less often than annually, review the State Program and submit to the Secretary required modifications;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="10">“(10)</num> <content>require the State Agency to make such reports, in such <sidenote><p class="indent0 firstIndent1 fontsize8">Reports; recordkeeping.</p></sidenote> form and containing such information, concerning its structure, operations, performance of functions, and other matters as the Secretary may from time to time require, and keep such records and afford such access thereto as the Secretary may find necessary to verify such reports;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="11">“(11)</num> <content>require the State Agency to provide for such fiscal control and fund accounting procedures as the Secretary may require to assure proper disbursement of, and accounting for, amounts received from the Secretary under this title;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="12">“(12)</num> <content>permit the Secretary and the Comptroller General of the <sidenote><p class="indent0 firstIndent1 fontsize8">Audit.</p></sidenote> United States, or their representatives, to have access for the purpose of audit and examination to any books, documents, papers, and records of the State Agency pertinent to the disposition of amounts received from the Secretary under this title; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="13">“(13)</num> <chapeau>provide that if the State Agency makes a decision in the performance of a function under paragraph (3), (4), (5), or (6) of section 1523(a) or under title XVI which is inconsistent <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 2258.</p></sidenote> with a recommendation made under subsection (f), (g), or (h) of section 1513 by a health systems agency within the State—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>such decision (and the record upon which it was made) shall, upon request of the health systems agency, be reviewed, under an appeals mechanism consistent with State <page identifier="/us/stat/88/2246">88 <inline class="smallCaps">Stat.</inline> 2246</page> law governing the practices and procedures of administrative agencies, by an agency of the State (other than the State health planning and development agency) designated by the Governor, and </content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the decision of the reviewing agency shall for purposes of this title and title XVI be considered the decision <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 2258.</p></sidenote> of the State health planning and development agency.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>The Secretary shall approve any State Program and any <sidenote><p class="indent0 firstIndent1 fontsize8">State Program, approval and review.</p></sidenote> modification thereof which complies with subsections (a) and (b). The Secretary shall review for compliance with the requirements of this part the specifications of and operations under each State Program approved by him. Such review shall be conducted not less often than once each year.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“state health planning and development functions</inline></heading> <num value="1523"><inline class="smallCaps">“Sec.</inline> 1523.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Each State Agency of a State designated under <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300m–2">42 USC 300m–2.</ref></p></sidenote> section 1521(b)(3) shall, except as authorized under subsection (b), perform within the State the following functions:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>Conduct the health planning activities of the State and implement those parts of the State health plan (under section 1524(c)(2)) and the plans of the health systems agencies within the State which relate to the government of the State.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>Prepare and review and revise as necessary (but at least <sidenote><p class="indent0 firstIndent1 fontsize8">Preliminary State health plan.</p></sidenote> annually) a preliminary State health plan which shall be made up of the HSP’s of the health systems agencies within the State. Such preliminary plan may, as found necessary by the State Agency, contain such revisions of such HSP’s to achieve their appropriate coordination or to deal more effectively with state-wide health needs. Such preliminary plan shall be submitted to <sidenote><p class="indent0 firstIndent1 fontsize8">Submittal to Statewide Health Coordinating Council.</p></sidenote> the Statewide Health Coordinating Council of the State for approval or disapproval and for use in developing the State health plan referred to in section 1524(c).</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>Assist the Statewide Health Coordinating Council of the <sidenote><p class="indent0 firstIndent1 fontsize8">State medical facilities plan, review.</p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 2259.</p></sidenote> State in the review of the State medical facilities plan required under section 1603, and in the performance of its functions generally.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">Serve as the designated planning agency of the State for the purposes of section 1122 of the Social Security Act if the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1320a–1">42 USC 1320a–1.</ref></p></sidenote> State has made an agreement pursuant to such section, and</content></subparagraph> <subparagraph class="inline"><num value="B">(B)</num> <content class="inline">administer a State certificate of need program which applies to new institutional health services proposed to be offered or developed within the State and which is satisfactory to the Secretary. Such program shall provide for review and determination of need prior to the time such services, facilities, and organizations are offered or developed or substantial expenditures are undertaken in preparation for such offering or development, and provide that only those services, facilities, and organizations found to be needed shall be offered or developed in the State. In performing its functions under this paragraph the State Agency shall consider recommendations made by health systems agencies under section 1513(f).</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <content>After consideration of recommendations submitted by health systems agencies under section 1413(f) respecting new institutional health services proposed to be offered within the State, make findings as to the need for such services.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <content>Review on a periodic basis (but not less often than every five years) all institutional health services being offered in the <page identifier="/us/stat/88/2247">88 <inline class="smallCaps">Stat.</inline> 2247</page> State and, after consideration of recommendations submitted by health systems agencies under section 1513(g) respecting the appropriateness of such services, make public its findings.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Any function described in subsection (a) may be performed by another agency of the State government upon request of the Governor under an agreement with the State Agency satisfactory to the Secretary.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>The requirement of paragraph (4)(B) of subsection (a) shall not apply to a State Agency of a State until the expiration of the first regular session of the legislature of such State which begins after the date of enactment of this title.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>A State Agency shall complete its findings with respect to the appropriateness of any existing institutional health service within one year after the date a health systems agency has made its recommendation under section 1513(g) with respect to the appropriateness of the service.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>If a State Agency makes a decision in carrying out a function <sidenote><p class="indent0 firstIndent1 fontsize8">Statement to health systems agency.</p></sidenote> described in paragraph (4), (5), (6), or (7) of subsection (a) which is not consistent with the goals of the applicable HSP or the priorities of the applicable AIP, the State Agency shall submit to the appropriate health systems agency a detailed statement of the reasons for the inconsistency.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“statewide health coordinating council</inline></heading> <num value="1524"><inline class="smallCaps">“Sec.</inline> 1524.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">A State health planning and development agency <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300m–3">42 USC 300m–3.</ref></p></sidenote> designated under section 1521 shall be advised by a Statewide Health Coordinating Council (hereinafter in this section referred to as the ‘SHCC’) which (1) is organized in the manner described by subsection (b), and (2) performs the functions listed in subsection (c).</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">A SHCC of a State shall be composed in the following <sidenote><p class="indent0 firstIndent1 fontsize8">Membership.</p></sidenote> manner:</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num><clause class="inline"><num value="i">(i)</num> <content class="inline">A SHCC shall have no fewer than sixteen representatives appointed by the Governor of the State from lists of at least five nominees submitted to the Governor by each of the health systems agencies designated for health service areas which fall, in whole or in part, within the State.</content></clause> <clause class="indent0 fontsize10"><num value="ii">“(ii)</num> <content>Each such health systems agency shall be entitled to the same number of representatives on the SHCC.</content></clause> <clause class="indent0 fontsize10"><num value="iii">“(iii)</num> <content>Each such health systems agency shall be entitled to at least two representatives on the SHCC. Of the representatives of a health systems agency, not less than one-half shall be individuals who are consumers of health care and who are not providers of health care.</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>In addition to the appointments made under subparagraph (A), the Governor of the State may appoint such persons (including State officials, public elected officials, and other representatives of governmental authorities within the State) to serve on the SHCC as he deems appropriate; except that (i) the number of persons appointed to the SHCC under this subparagraph may not exceed 40 per centum of the total membership of the SHCC, and (ii) a majority of the persons appointed by the Governor shall be consumers of health care who are not also providers of health care.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>Not less than one-third of the providers of health care who are members of a SHCC shall be direct providers of health care (as described in section 1531(3)).</content></subparagraph> <page identifier="/us/stat/88/2248">88 <inline class="smallCaps">Stat.</inline> 2248</page> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>Where two or more hospitals or other health care facilities of the Veterans’ Administration are located in a State, the SHCC shall, in addition to the appointed members, include, as an ex officio member, an individual whom the Chief Medical Director of the Veterans’ Administration shall have designated as a representative of such facilities.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>The SHCC shall select from among its members a chairman.<sidenote><p class="indent0 firstIndent1 fontsize8">Chairman.</p></sidenote></content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>The SHCC shall conduct all of its business meetings in public, <sidenote><p class="indent0 firstIndent1 fontsize8">Meetings.</p></sidenote> and shall meet at least once in each calendar quarter of a year.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <chapeau>A SHCC shall perform the following functions:<sidenote><p class="indent0 firstIndent1 fontsize8">Functions.</p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>Review annually and coordinate the HSP and AIP of <sidenote><p class="indent0 firstIndent1 fontsize8">Report.</p></sidenote> each health systems agency within the State and report to the Secretary, for purposes of his review under section 1535(c), its comments on such HSP and AIP.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">Prepare and review and revise as necessary (but at least annually) a State health plan which shall be made up of the HSP’s of the health systems agencies within the State. Such plan may, as found necessary by the SHCC, contain revisions of such HSP’s to achieve their appropriate coordination or to deal more effectively with statewide health needs. Each health systems agency which participates in the SHCC shall make available to the SHCC its HSP for each year for integration into the State health plan and shall, as required by the SHCC, revise its HSP to achieve appropriate coordination with the HSP’s of the other agencies which participate in the SHCC or to deal more effectively with statewide health needs.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <content>In the preparation and revision of the State health plan, the <sidenote><p class="indent0 firstIndent1 fontsize8">Hearing.</p></sidenote> SHCC shall review and consider the preliminary State health plan submitted by the State agency under section 1523(a)(2), and shall conduct a public hearing on the plan as proposed and shall give interested persons an opportunity to submit their views orally and in writing. Not less than thirty days prior to any such hearing, the SHCC shall publish in at least two newspapers of general circulation in the State a notice of its consideration of the proposed plan, the time and place of the hearing, the place at which interested persons may consult the plan in advance of the hearing, and the place and period during which to direct written comment to the SHCC on the plan.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>Review annually the budget of each such health systems <sidenote><p class="indent0 firstIndent1 fontsize8">Budget, review and report.</p></sidenote> agency and report to the Secretary, for purposes of his review under section 1535(a), its comments on such budget.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>Review applications submitted by such health systems <sidenote><p class="indent0 firstIndent1 fontsize8">Applications for grants, review and report.</p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 2273.</p></sidenote> agencies for grants under sections 1516 and 1640 and report to the Secretary its comments on such applications.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <content>Advise the State Agency of the State generally on the performance of its functions.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <content>Review annually and approve or disapprove any State plan and any application (and any revision of a State plan or application) submitted to the Secretary as a condition to the receipt of any funds under allotments made to States under this Act, the Community Mental Health Centers Act, or the Comprehensive <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2681">42 USC 2681</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4551">42 USC 4551</ref> note.</p></sidenote> Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970. Notwithstanding any other provision of this Act or any other Act referred to in the preceding sentence, the Secretary shall allow a SHCC sixty days to make the review required by such sentence. If a SHCC disapproves such a State plan or application, the Secretary may not make Federal funds available under such State plan or application until he has made, <page identifier="/us/stat/88/2249">88 <inline class="smallCaps">Stat.</inline> 2249</page> upon request of the Governor of the State which submitted such plan or application or another agency of such State, a review of the SHCC decision. If after such review the Secretary decides to make such funds available, the decision by the Secretary to make such funds available shall be submitted to the SHCC and shall contain a detailed statement of the reasons for the decision.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“grants for state health planning and development</inline></heading> <num value="1525"><inline class="smallCaps">“Sec.</inline> 1525.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary shall make grants to State health <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300m–4">42 USC 300m–4.</ref></p></sidenote> planning and development agencies designated under subsection (b)(2) or (b)(3) of section 1521 to assist them in meeting the costs of their operation. Any grant made under this subsection to a State Agency shall be available for obligation only for a period not to exceed the period for which its designation agreement is entered into or renewed. The amount of any grant made under this subsection shall <sidenote><p class="indent0 firstIndent1 fontsize8">Limitation.</p></sidenote> be determined by the Secretary, except that no grant to a designated State Agency may exceed 75 per centum of its operation costs (as determined under regulations of the Secretary) during the period for which the grant is available for obligation.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Grants under subsection (a) shall be made on such terms and conditions as the Secretary may prescribe; except that the Secretary may not make a grant to a State Agency unless he receives satisfactory assurances that the State Agency will expend in performing the functions prescribed by section 1523 during the fiscal year for which the grant is sought an amount of funds from non-Federal sources which is at least as great as the average amount of funds expended, in the three years immediately preceding the fiscal year for which such grant is sought, by the State, for which such State Agency has been designated, for the purposes for which funds under such grant may be used (excluding expenditures of a nonrecurring nature).</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>For the purpose of making payments under grants under <sidenote><p class="indent0 firstIndent1 fontsize8">Appropriations.</p></sidenote> subsection (a), there are authorized to be appropriated $25,000,000 for the fiscal year ending June 30, 1975, $30,000,000 for the fiscal year ending June 30, 1976, and $35,000,000 for the fiscal year ending June 30, 1977.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“grants for rate regulation</inline></heading> <num value="1526"><inline class="smallCaps">“Sec.</inline> 1526.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">For the purpose of demonstrating the effectiveness <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300m–5">42 USC 300m–5.</ref></p></sidenote> of State Agencies regulating rates for the provision of health care, the Secretary may make to a State Agency designated, under an agreement entered into under section 1521(b)(3), for a State which (in accordance with regulations prescribed by the Secretary) has indicated an intent to regulate (not later than six months after the date of the enactment of this title) rates for the provision of health care within the State. Not more than six State Agencies may receive grants under this subsection.</content><sidenote><p class="indent0 firstIndent1 fontsize8">Limitation.</p></sidenote></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">A State Agency which receives a grant under subsection <sidenote><p class="indent0 firstIndent1 fontsize8">Requirements.</p></sidenote> (a) shall—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>provide the Secretary satisfactory evidence that the State Agency has under State law the authority to carry out rate regulation functions in accordance with this section and provide the Secretary a current budget for the performance of such functions by it;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>set forth in such detail as the Secretary may prescribe the qualifications for personnel having responsibility in the performance of such functions, and shall have a professional staff for rate regulation, which staff shall be headed by a Director;</content></subparagraph> <page identifier="/us/stat/88/2250">88 <inline class="smallCaps">Stat.</inline> 2250</page> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>provide for such methods of administration as found by the Secretary to be necessary for the proper and efficient administration of such functions;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>perform its functions in accordance with procedures established and published by it, which procedures shall conform to the requirements of section 1532;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <content>comply with the requirements prescribed by paragraphs (6) through (12) of section 1522(b) with respect to the functions prescribed by subsection (a);</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="F">“(F)</num> <content>provide for the establishment of a procedure under which the State Agency will obtain the recommendation of the appropriate health systems agency prior to conducting a review of the rates charged or proposed to be charged for services; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="G">“(G)</num> <content>meet such other requirements as the Secretary may prescribe.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <chapeau>In prescribing requirements under paragraph (1) of this subsection, the Secretary shall consider the manner in which a State Agency shall perform its functions under a grant under subsection (a), including whether the State Agency should—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>permit those engaged in the delivery of health services to retain savings accruing to them from effective management and cost control,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>create incentives at each point in the delivery of health services for utilization of the most economical modes of services feasible,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>document the need for and cost implications of each new service for which a determination of reimbursement rates is sought, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <chapeau>employ for each type or class of person engaged in the delivery of health services—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>a unit for determining the reimbursement rates, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>a base for determining rates of change in the reimbursement rates,</content></clause> <continuation class="indent0 fontsize10">which unit and base are satisfactory to the Secretary.</continuation></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>Grants under subsection (a) shall be made on such terms and <sidenote><p class="indent0 firstIndent1 fontsize8">Terms and conditions.</p></sidenote> conditions as the Secretary may prescribe, except that (1) such a grant shall be available for obligation only during the one-year period beginning on the date such grant was made, and (2) no State Agency may receive more than three grants under subsection (a).</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>Each State Agency which receives a grant under subsection <sidenote><p class="indent0 firstIndent1 fontsize8">Report to Secretary.</p></sidenote> (a) shall report to the Secretary (in such form and manner as he shall prescribe) on the effectiveness of the rate regulation program assisted by such grant. The Secretary shall report annually to the Congress on the effectiveness of the programs assisted by the grants authorized by subsection (a).</content><sidenote><p class="indent0 firstIndent1 fontsize8">Report to Congress.</p></sidenote></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <content>There are authorized to be appropriated to make payments <sidenote><p class="indent0 firstIndent1 fontsize8">Appropriations.</p></sidenote> under grants under subsection (a), $4,000,000 for the fiscal year ending June 30, 1975, $5,000,000 for the fiscal year ending June 30, 1976, and $6,000,000 for the fiscal year ending June 30, 1977.</content></subsection> </section> </part> <part> <num value="D"><inline class="smallCaps">“Part D</inline>—</num><heading><inline class="smallCaps">General Provisions</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“definitions</inline></heading> <num value="1531"><inline class="smallCaps">“Sec.</inline> 1531.</num> <chapeau>For purposes of this title:<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300n">42 USC 300n.</ref></p></sidenote></chapeau> <paragraph class="indent0 fontsize10"><num value="1">“(1)</num> <content>The term ‘State’ includes the District of Columbia and the Commonwealth of Puerto Rico.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>The term ‘Governor’ means the chief executive officer of a State or his designee.</content></paragraph> <page identifier="/us/stat/88/2251">88 <inline class="smallCaps">Stat.</inline> 2251</page> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <chapeau>The term ‘provider of health care’ means an individual—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>who is a direct provider of health care (including a physician, dentist, nurse, podiatrist, or physician assistant) in that the individual’s primary current activity is the provision of health care to individuals or the administration of facilities or institutions (including hospitals, long-term care facilities, outpatient facilities, and health maintenance organizations) in which such care is provided and, when required by State law, the individual has received professional training in the provision of such care or in such administration and is licensed or certified for such provision or administration; or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <chapeau>who is an indirect provider of health care in that the individual—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>holds a fiduciary position with, or has a fiduciary interest in, any entity described in subclause (II) or (IV) of clause (ii);</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <chapeau>receives (either directly or through his spouse) more than one-tenth of his gross annual income from any one or combination of the following:</chapeau> <subclause class="indentUp1 fontsize10"><num value="I">“(I)</num> <content>Fees or other compensation for research into or instruction in the provision of health care.</content></subclause> <subclause class="indentUp1 fontsize10"><num value="II">“(II)</num> <content>Entities engaged in the provision of health care or in such research or instruction.</content></subclause> <subclause class="indentUp1 fontsize10"><num value="III">“(III)</num> <content>Producing or supplying drugs or other articles for individuals or entities for use in the provision of or in research into or instruction in the provision of health care.</content></subclause> <subclause class="indentUp1 fontsize10"><num value="IV">“(IV)</num> <content>Entities engaged in producing drugs or such other articles.</content></subclause></clause> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>is a member of the immediate family of an individual described in subparagraph (A) or in clause (i), (ii), or (iv) of subparagraph (B); or</content></clause> <clause class="indentUp1 fontsize10"><num value="iv">“(iv)</num> <content>is engaged in issuing any policy or contract of individual or group health insurance or hospital or medical service benefits.</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <content>the term ‘health resources’ includes health services, health professions personnel, and health facilities, except that such term does not include Christian Science sanatoriums operated, or listed and certified, by the First Church of Christ, Scientist, Boston, Massachusetts.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">“(5)</num> <content>The term ‘institutional health services’ means the health services provided through health care facilities and health maintenance organizations (as such facilities and organizations are defined in regulations prescribed under section 1122 of the Social Security Act) <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1320a–1">42 USC 1320a–1.</ref></p></sidenote> and includes the entities through which such services are provided.</content></paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“procedures and criteria for reviews of proposed health system changes</inline></heading> <num value="1532"><inline class="smallCaps">“Sec.</inline> 1532.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">In conducting reviews pursuant to subsections (e), <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300n–1">42 USC 300n–1.</ref></p></sidenote> (f), and (g) of section 1513 or in conducting any other reviews of proposed or existing health services, each health systems agency shall (except to the extent approved by the Secretary) follow procedures, and apply criteria, developed and published by the agency in accordance with regulations of the Secretary; and in performing its review functions under section 1523, a State Agency shall (except to the extent approved by the Secretary) follow procedures, and apply criteria, developed and published by the State Agency in accordance with regulations of the Secretary. Procedures and criteria for reviews by <page identifier="/us/stat/88/2252">88 <inline class="smallCaps">Stat.</inline> 2252</page> health systems agencies and States Agencies may vary according to the purpose for which a particular review is being conducted or the type of health services being reviewed.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <chapeau>Each health systems agency and State Agency shall include <sidenote><p class="indent0 firstIndent1 fontsize8">Requirements.</p></sidenote> in the procedures required by subsection (a) at least the following:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>Written notification to affected persons of the beginning of a review.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>Schedules for reviews which provide that no review shall, to the extent practicable, take longer than ninety days from the date the notification described in paragraph (1) is made.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>Provision for persons subject to a review to submit to the agency or State Agency (in such form and manner as the agency or State Agency shall prescribe and publish) such information as the agency or State Agency may require concerning the subject of such review.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>Submission of applications (subject to review by a health systems agency or a State Agency) made under this Act or other provisions of law for Federal financial assistance for health services to the health systems agency or State Agency at such time and in such manner as it may require.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <content>Submission of periodic reports by providers of health services and other persons subject to agency or State Agency review respecting the development of proposals subject to review.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <content>Provision for written findings which state the basis for any final decision or recommendation made by the agency or State Agency.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">“(7)</num> <content>Notification of providers of health services and other persons subject to agency or State Agency review of the status of the agency or State Agency review of the health services or proposals subject to review, findings made in the course of such review, and other appropriate information respecting such review.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">“(8)</num> <content>Provision for public hearings in the course of agency or State Agency review if requested by persons directly affected by the review; and provision for public hearings, for good cause shown, respecting agency and State Agency decisions.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">“(9)</num> <content>Preparation and publication of regular reports by the agency and State Agency of the reviews being conducted (including a statement concerning the status of each such review) and of the reviews completed by the agency and State Agency (including a general statement of the findings and decisions made in the course of such reviews) since the publication of the last such report.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="10">“(10)</num> <content>Access by the general public to all applications reviewed by the agency and State Agency and to all other written materials pertinent to any agency or State Agency review.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="11">“(11)</num> <content>In the case of construction projects, submission to the agency and State Agency by the entities proposing the projects of letters of intent in such detail as may be necessary to inform the agency and State Agency of the scope and nature of the projects at the earliest possible opportunity in the course of planning of such construction projects.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <chapeau>Criteria required by subsection (a) for health systems agency and State Agency review shall include consideration of at least the following:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>The relationship of the health services being reviewed to the applicable HSP and AIP.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>The relationship of services reviewed to the long-range development plan (if any) of the person providing or proposing such services.</content></paragraph> <page identifier="/us/stat/88/2253">88 <inline class="smallCaps">Stat.</inline> 2253</page> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>The need that the population served or to be served by such services has for such services.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>The availability of alternatives, less costly, or more effective methods of providing such services.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <content>The relationship of services reviewed to the existing health care system of the area in which such services are provided or proposed to be provided.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <content>In the case of health services proposed to be provided, the availability of resources (including health manpower, management personnel, and funds for capital and operating needs) for the provision of such services and the availability of alternative uses of such resources for the provision of other health services.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">“(7)</num> <content>The special needs and circumstances of those entities which provide a substantial portion of their services or resources, or both, to individuals not residing in the health service areas in which the entities are located or in adjacent health service areas. Such entities may include medical and other health professions schools, multidisciplinary clinics, specialty centers, and such other entities as the Secretary may by regulation prescribe.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">“(8)</num> <content>The special needs and circumstances of health maintenance organizations for which assistance may be provided under title XIII.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300e">42 USC 300e.</ref></p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">“(9)</num> <chapeau>In the case of a construction project—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the costs and methods of the proposed construction, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the probable impact of the construction project reviewed on the costs of providing health services by the person proposing such construction project.</content></subparagraph></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“technical assistance for health systems agencies and state health planning and development agencies</inline></heading> <num value="1533"><inline class="smallCaps">“Sec.</inline> 1533.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary shall provide (directly or through <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300n–2">42 USC 300n–2.</ref></p></sidenote> grants or contracts, or both) to designated health systems agencies and State Agencies (1) assistance in developing their health plans and approaches to planning various types of health services, (2) technical materials, including methodologies, policies, and standards appropriate for use in health planning, and (3) other technical assistance as may be necessary in order that such agencies may properly perform their functions.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <chapeau>The Secretary shall include in the materials provided under subsection (a) the following:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">Specification of the minimum data needed to determine the health status of the residents of a health service area and the determinants of such status.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <content>Specification of the minimum data needed to determine the status of the health resources and services of a health service area.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">“(C)</num> <content>Specification of the minimum data needed to describe the use of health resources and services within a health service area.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>Planning approaches, methodologies, policies, and standards which shall be consistent with the guidelines established by the Secretary under section 1501 for appropriate planning and <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 2227.</p></sidenote> development of health resources, and which shall cover the priorities listed in section 1502.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <chapeau>Guidelines for the organization and operation of health <sidenote><p class="indent0 firstIndent1 fontsize8">Guidelines.</p></sidenote> systems agencies and State Agencies including guidelines for—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the structure of a health systems agency, consistent with section 1512(b), and of a State Agency, consistent with section 1522;</content></subparagraph> <page identifier="/us/stat/88/2254">88 <inline class="smallCaps">Stat.</inline> 2254</page> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the conduct of the planning and development processes;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>the performance of health systems agency functions in accordance with section 1513; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>the performance of State Agency functions in accordance with section 1523.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>In order to facilitate the exchange of information concerning <sidenote><p class="indent0 firstIndent1 fontsize8">National health planning information center.</p> <p class="indent0 firstIndent1 fontsize8">Establishment.</p></sidenote> health services, health resources, and health planning and resources development practice and methodology, the Secretary shall establish a national health planning information center to support the health planning and resources development programs of health systems agencies, State Agencies, and other entities concerned with health planning and resources development; to provide access to current information on health planning and resources development; and to provide information for use in the analysis of issues and problems related to health planning and resources development.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <chapeau>The Secretary shall establish the following within one year of the date of enactment of this title:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <chapeau>A uniform system for calculating the aggregate cost of <sidenote><p class="indent0 firstIndent1 fontsize8">Operation cost system.</p></sidenote> operation and the aggregate volume of services provided by health services institutions as defined by the Secretary in regulations. Such system shall provide for the calculation of the aggregate volume to be based on:</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>The number of patient days;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>The number of patient admissions;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>The number of out-patient visits; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>Other relevant factors as determined by the Secretary.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <chapeau>A uniform system for cost accounting and calculating <sidenote><p class="indent0 firstIndent1 fontsize8">Cost accounting system.</p></sidenote> the volume of services provided by health services institutions. Such system shall:</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>Include the establishment of specific cost centers and, where appropriate, subcost centers.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>Include the designation of an appropriate volume factor for each cost center.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>Provide for an appropriate application of such system in the different types of institutions (including hospitals, nursing homes, and other types of health services institutions), and different sizes of such types of institutions.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <chapeau>A uniform system for calculating rates to be charged to <sidenote><p class="indent0 firstIndent1 fontsize8">Rates, calculation system.</p></sidenote> health insurers and other health institutions payors by health service institutions. Such system shall:</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>Be based on an all-inclusive rate for various categories of patients (including, but not limited to individuals receiving medical, surgical, pediatric, obstetric, and psychiatric institutional health services).</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>Provide that such rates reflect the true cost of providing services to each such category of patients. The system shall provide that revenues derived from patients in one category shall not be used to support the provision of services to patients in any other category.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>Provide for an appropriate application of such system in the different types of institutions (including hospitals, nursing homes, and other types of health service institutions) and different sizes of such types of institutions.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>Provide that differences in rates to various classes of purchasers (including health insurers, direct service pay-<page identifier="/us/stat/88/2255">88 <inline class="smallCaps">Stat.</inline> 2255</page>ors, and other health institution payors) be based on justified and documented differences in the costs of operation of health service institutions made possible by the actions of such purchasers.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <chapeau>A classification system for health services institutions. <sidenote><p class="indent0 firstIndent1 fontsize8">Classification system.</p></sidenote> Such classification system shall quantitatively describe and group health services institutions of the various types. Factors included in such classification system shall include—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the number of beds operated by an institution;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the geographic location of an institution;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>the operation of a postgraduate physician training program by an institution; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>the complexity of services provided by an institution.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <chapeau>A uniform system for the reporting by health services <sidenote><p class="indent0 firstIndent1 fontsize8">Reporting system.</p></sidenote> institutions of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the aggregate cost of operation and the aggregate volume of services, as calculated in accordance with the system established by the Secretary under paragraph (1);</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the costs and volume of services at various cost centers, and subcost centers, as calculated in accordance with the system established by the Secretary under paragraph (2); and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>rates, by category of patient and class of purchaser, as calculated in accordance with the system established by the Secretary under paragraph (3).</content></subparagraph> <continuation class="indent0 fontsize10">Such system shall provide for an appropriate application of such system in the different types of institutions (including hospitals, nursing homes, and other types of health services institutions) and different sizes of such institutions.</continuation></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“centers for health planning</inline></heading> <num value="1534"><inline class="smallCaps">“Sec.</inline> 1534.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">For the purposes of assisting the Secretary in carrying <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300n–3">42 USC 300n–3.</ref></p></sidenote> out this title, providing such technical and consulting assistance as health systems agencies and State Agencies may from time to time require, conducting research, studies and analyses of health planning and resources development, and developing health planning approaches, methodologies, policies, and standards, the Secretary shall by grants or contracts, or both, assist public or private nonprofit entities in meeting the costs of planning and developing new centers, and operating existing and new centers, for multidisciplinary health planning development and assistance. To the extent practicable, the Secretary shall provide assistance under this section so that at least five such centers will be in operation by June 30, 1976.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">No grant or contract may be made under this section for planning or developing a center unless the Secretary determines that when it is operational it will meet the requirements listed in paragraph (2) and no grant or contract may be made under this section for operation of a center unless the center meets such requirements.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <chapeau>The requirements referred to in paragraph (1) are as follows:<sidenote><p class="indent0 firstIndent1 fontsize8">Requirements.</p></sidenote></chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>There shall be a full-time director of the center who possesses a demonstrated capacity for substantial accomplishment and leadership in the field of health planning and resources development, and there shall be such additional professional staff as may be appropriate.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>The staff of the center shall represent a diversity of relevant disciplines.</content></subparagraph> <page identifier="/us/stat/88/2256">88 <inline class="smallCaps">Stat.</inline> 2256</page> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>Such additional requirements as the Secretary may by regulation prescribe.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>Centers assisted under this section (1) may enter into arrangements with health systems agencies and State Agencies for the provision of such services as may be appropriate and necessary in assisting the agencies and State Agencies in performing their functions under section 1513 or 1523, respectively, and (2) shall use methods (satisfactory to the Secretary) to disseminate to such agencies and State Agencies such planning approaches, methodologies, policies and standards as they develop.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>For the purpose of making payments pursuant to grants and <sidenote><p class="indent0 firstIndent1 fontsize8">Appropriations.</p></sidenote> contracts under subsection (a) there are authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1975, $8,000,000 for the fiscal year ending June 30, 1976, and $10,000,000 for the fiscal year ending June 30, 1977.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“review by the secretary</inline></heading> <num value="1535"><inline class="smallCaps">“Sec.</inline> 1535.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary shall review and approve or disapprove <sidenote><p class="indent0 firstIndent1 fontsize8">Budget, review and approval.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300n–4">42 USC 300n–4.</ref></p></sidenote> the annual budget of each designated health systems agency and State Agency. In making such review and approval or disapproval the Secretary shall consider the comments of Statewide Health Coordinating Councils submitted under section 1524(c)(3). Information submitted to the Secretary by a health systems agency or a State Agency in connection with the Secretary’s review under this subsection shall be made available by the Secretary, upon request, to the appropriate committees (and their subcommittees) of the Congress.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The Secretary shall prescribe performance standards covering <sidenote><p class="indent0 firstIndent1 fontsize8">Performance standards.</p></sidenote> the structure, operation, and performance of the functions of each designated health systems agency and State Agency, and he shall establish a reporting system based on the performance standards that allows for continuous review of the structure, operation, and performance of the functions of such agencies.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <chapeau>The Secretary shall review in detail at least every three years the structure, operation, and performance of the functions of each designated health systems agency to determine—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>the adequacy of the HSP of the agency for meeting the needs of the residents of the area for a healthful environment and for accessible, acceptable and continuous quality health care at reasonable costs, and the effectiveness of the AIP in achieving the system described in the HSP;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>if the structure, operation, and performance of the functions of the agency meet the requirements of sections 1512(b) and 1513;<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> pp. 2232, 2235.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>the extent to which the agency’s governing body (and executive committee (if any)) represents the residents of the health service area for which the agency is designated;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>the professional credentials and competence of the staff of the agency;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <content>the appropriateness of the data assembled pursuant to section 1513(b)(1) and the quality of the analyses of such data;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <content>the extent to which technical and financial assistance from the agency have been utilized in an effective manner to achieve goals and objectives of the HSP and the AIP; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">“(7)</num> <chapeau>the extent to which it may be demonstrated that—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the health of the residents in the agency’s health service area has been improved;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the accessibility, acceptability, continuity, and quality of health care in such area has been improved; and</content></subparagraph> <page identifier="/us/stat/88/2257">88 <inline class="smallCaps">Stat.</inline> 2257</page> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>increases in costs of the provision of health care have been restrained.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <chapeau>The Secretary shall review in detail at least every three years the structure, operation, and performance of the functions of each designated State Agency to determine—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>the adequacy of the State health plan of the Statewide Health Coordinating Council prepared under section 1524(c)(2) in meeting the needs of the residents of the State for a healthful environment and for accessible, acceptable, and continuous quality health care at reasonable costs;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>if the structure, operation, and performance of the functions of the State Agency meet the requirements of sections 1522 and 1523;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>the extent to which the Statewide Health Coordinating Council has a membership meeting, and has performed in a manner consistent with, the requirements of section 1524;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>the professional credentials and competence of the staff of the State Agency;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <content>the extent to which financial assistance provided under title XVI by the State Agency has been used in an effective manner <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 2258.</p></sidenote> to achieve the State’s health plan under section 1524(c)(2); and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <chapeau>the extent to which it may be demonstrated that—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the health of the residents of the State has been improved;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the accessibility, acceptability, continuity, and quality of health care in the State has been improved; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>increases in costs of the provision of health care have been restrained.</content></subparagraph></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“special provisions for certain states and territories</inline></heading> <num value="1536"><inline class="smallCaps">“Sec.</inline> 1536.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Any State which—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300n–5">42 USC 300n–5.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>has no county or municipal public health institution or department, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>has, prior to the date of enactment of this title, maintained a health planning system which substantially complies with the purposes of this title,</content></paragraph> <continuation class="indent0 fontsize10">and the Virgin Islands, Guam, the Trust Territories in the Pacific Islands, and American Samoa shall each be considered in accordance with subsection (b) to be a State for purposes of this title.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <chapeau>In the case of an entity which under subsection (a) is to be considered a State for purposes of this title—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>no health service area shall be established within it,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>no health systems agency shall be designated for it,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>the State Agency designated for it under section 1521 may, in addition to the functions prescribed by section 1523, perform the functions prescribed by section 1513 and shall be eligible to receive grants authorized by sections 1516 and 1640, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>the chief executive office shall appoint the Statewide Health Coordinating Council prescribed by section 1524 in accordance with the regulation of the Secretary.”</content></paragraph></subsection> </section> </part>
revision of health resources development programs under the public health service act Sec. 4. The Public Health Service Act, as amended by section 3, is amended by adding after title XV the following new title:

Ante, p. 2227.

 88 Stat. 2258 <num value="XVI">“TITLE XVI—</num><heading class="inline">HEALTH RESOURCES DEVELOPMENT</heading> <part> <num value="A"><inline class="smallCaps">“Part A</inline>—</num><heading><inline class="smallCaps">Purpose, State Plan, and Project Approval</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“purpose</inline></heading> <num value="1601"><inline class="smallCaps">“Sec.</inline> 1601.</num> <chapeau>It is the purpose of this title to provide assistance, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300o">42 USC 300o.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 2262.</p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 2264.</p></sidenote> through allotments under part B and loans and loan guarantees and interest subsidies under part C, for projects for—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>modernization of medical facilities;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>construction of new outpatient medical facilities;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>construction of new inpatient medical facilities in areas which have experienced (as determined under regulations of the Secretary) recent rapid population growth; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>conversion of existing medical facilities for the provision of new health services,</content></paragraph> <continuation class="indent0 fontsize10">and to provide assistance, through grants under part D, for construction and modernization projects designed to prevent or eliminate safety hazards in medical facilities or to avoid noncompliance by such facilities with licensure or accreditation standards.</continuation> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“general regulations</inline></heading> <num value="1602"><inline class="smallCaps">“Sec.</inline> 1602. </num> <chapeau>The Secretary shall by regulation—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300o–1">42 USC 300o–1.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <chapeau>prescribe the general manner in which the State Agency of each State shall determine for the State medical facilities plan under section 1603 the priority among projects within the State for which assistance is available under this title, based on the relative need of different areas within the State for such projects and giving special consideration—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>to projects for medical facilities serving areas with relatively small financial resources and for medical facilities serving rural communities,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>in the case of projects for modernization of medical facilities, to projects for facilities serving densely populated areas,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>in the case of projects for construction of outpatient medical facilities, to projects that will be located in, and provide services for residents of, areas determined by the Secretary to be rural or urban poverty areas,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>to projects designed to (i) eliminate or prevent imminent safety hazards as defined by Federal, State, or local fire, building, or life safety codes or regulations, or (ii) avoid noncompliance with State or voluntary licensure or accreditation standards, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <content>to projects for medical facilities which, alone or in conjunction with other facilities, will provide comprehensive health care, including outpatient and preventive care as well as hospitalization;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>prescribe for medical facilities projects assisted under this title general standards of construction, modernization, and equipment for medical facilities of different classes and in different types of location;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>prescribe criteria for determining needs for medical facility beds and needs for medical facilities, and for developing plans for the distribution of such beds and facilities;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>prescribe criteria for determining the extent to which existing medical facilities are in need of modernization;</content></paragraph> <page identifier="/us/stat/88/2259">88 <inline class="smallCaps">Stat.</inline> 2259</page> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <content>require each State medical facilities plan under section 1503 to provide for adequate medical facilities for all persons residing in the State and adequate facilities to furnish needed health services for persons unable to pay therefor; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <content>prescribe the general manner in which each entity which receives financial assistance under this title or has received financial assistance under this title or title VI shall be required to comply <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s291">42 USC 291.</ref></p></sidenote> with the assurances required to be made at the time such assistance was received and the means by which such entity shall be required to demonstrate compliance with such assurances.</content></paragraph> <continuation class="indent0 fontsize10">An entity subject to the requirements prescribed pursuant to paragraph (6) respecting compliance with assurances made in connection with receipt of financial assistance shall submit periodically to the Secretary data and information which reasonably supports the entity’s compliance with such assurances. The Secretary may not waive the requirement of the preceding sentence.</continuation> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“state medical facilities plan</inline></heading> <num value="1603"><inline class="smallCaps">“Sec.</inline> 1603.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Before an application for assistance under this <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300o–2">42 USC 300o–2.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 2268.</p></sidenote> title (other than part D) for a medical facility project described in section 1601 may be approved, the State Agency of the State in which such project is located must have submitted to the Secretary and had approved by him a State medical facilities plan. To be approved by the Secretary a State medical facilities plan for a State must—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>prescribe that the State Agency of the State shall administer or supervise the administration of the plan and contain evidence satisfactory to the Secretary that the State Agency has the authority to carry out the plan in conformity with this title;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>prescribe that the Statewide Health Coordinating Council of the State shall advise and consult with the State Agency in carrying out the plan;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>be approved by the Statewide Health Coordinating Council as consistent with the State health plan developed pursuant to section 1524(c)(2);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <chapeau>set forth, in accordance with criteria established in regulations prescribed under section 1602(a) and on the basis of a statewide inventory of existing medical facilities, a survey of need, and the plans of health systems agencies within the State—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the number and type of medical facility beds and medical facilities needed to provide adequate inpatient care to people residing in the State, and a plan for the distribution of such beds and facilities in health services areas throughout the State,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the number and type of outpatient and other medical facilities needed to provide adequate public health services and outpatient care to people residing in the State, and a plan for the distribution of such facilities in health service areas throughout the State, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>the extent to which existing medical facilities in the State are in need of modernization or conversion to new uses;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <content>set forth a program for the State for assistance under this title for projects described in section 1601, which program shall indicate the type of assistance which should be made available to each project and shall conform to the assessment of need set forth pursuant to paragraph (4) and regulations promulgated under section 1602(a);</content></paragraph> <page identifier="/us/stat/88/2260">88 <inline class="smallCaps">Stat.</inline> 2260</page> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <content>set forth (in accordance with regulations promulgated under section 1602(a)) priorities for the provision of assistance under this title for projects in the program set forth pursuant to paragraph (4);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">“(7)</num> <content>provide minimum requirements (to be fixed in the discretion of the State Agency) for the maintenance and operation of facilities which receive assistance under this title, and provide for enforcement of such standards;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">“(8)</num> <content>provide for affording to every applicant for assistance for a medical facilities project under this title an opportunity for a hearing before the State Agency; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">“(9)</num> <content>provide that the State Agency will from time to time, but not less often than annually, review the plan and submit to the Secretary any modifications thereof which it considers necessary.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The Secretary shall approve any State medical facilities plan and any modification thereof which complies with the provisions of subsection (a) if the State Agency, as determined under the review made under section 1535(d), is organized and operated in the manner prescribed by section 1522 and is carrying out its functions under section 1523 in a manner satisfactory to the Secretary. If any such plan or modification thereof shall have been disapproved by the Secretary for failure to comply with subsection (a), the Secretary shall, upon request of the State Agency, afford it an opportunity for hearing.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“approval of projects</inline></heading> <num value="1604"><inline class="smallCaps">“Sec.</inline> 1604.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">For each project described in section 1601 and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300o–3">42 USC 300o–3.</ref></p></sidenote> included within a State’s State medical facilities plan approved under section 1603 there shall be submitted to the Secretary, through the State’s State Agency, an application. An application for a grant under section 1625 shall be submitted directly to the Secretary. Except as provided in section 1625, the applicant under such an application may be a State, a political subdivision of a State or any other public entity, or a private nonprofit entity. If two or more entities join in a project, an application for such project may be filed by any of such entities or by all of them.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">Except as authorized under paragraph (2), an application <sidenote><p class="indent0 firstIndent1 fontsize8">Application requirements.</p></sidenote> for any project shall set forth—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>in the case of a modernization project for a medical facility for continuation of existing health services, a finding by the State Agency of a continued need for such services, and, in the case of any other project for a medical facility, a finding by the State Agency of the need for the new health services to be provided through the medical facility upon completion of the project;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>a description of the site of such project;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>plans and specifications therefor which meet the requirements of the regulations prescribed under section 1602(a);</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>reasonable assurance that title to such site is or will be vested in one or more of the entities filing the application or in a public or other nonprofit entity which is to operate the facility on completion of the project;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <content>reasonable assurance that adequate financial support will be available for the completion of the project and for its maintenance and operation when completed, and, for the purpose of determining if the requirements of this subparagraph are met, Federal assistance provided directly to a medical facility which is located in an area determined by the Secretary to be an urban or rural poverty area or through benefits provided individuals served at such facility shall be considered as financial support;</content></subparagraph> <page identifier="/us/stat/88/2261">88 <inline class="smallCaps">Stat.</inline> 2261</page> <subparagraph class="indentUp1 fontsize10"><num value="F">“(F)</num> <content>the type of assistance being sought under this title for the project;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="G">“(G)</num> <content>except in the case of a project under section 1625, a certification by the State Agency of the Federal share for the project;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="H">“(H)</num> <content>reasonable assurance that all laborers and mechanics employed by contractors or subcontractors in the performance of work on a project will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (40 U.S.C. 276a—276a–5, known as the Davis-Bacon Act), <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s276a">40 USC 276a</ref> note.</p></sidenote> and the Secretary of Labor shall have with respect to such labor standards the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. Appendix) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c);</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="I">“(I)</num> <content>in the case of a project for the construction or modernization of an outpatient facility, reasonable assurance that the services of a general hospital will be available to patients at such facility who are in need of hospital care; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="J">“(J)</num> <content>reasonable assurance that at all times after such application is approved, (i) the facility or portion thereof to be constructed, or modernized, or converted will be made available to all persons residing or employed in the area served by the facility, and (ii) there will be made available in the facility or portion thereof to be constructed, modernized, or converted a reasonable volume of services to persons unable to pay therefor and the Secretary, in determining the reasonableness of the volume of services provided, shall take into consideration the extent to which compliance is feasible from a financial viewpoint.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num><subparagraph class="inline"><num value="A">(A)</num> <chapeau class="inline">The Secretary may waive—<sidenote><p class="indent0 firstIndent1 fontsize8">Waiver.</p></sidenote></chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>the requirements of subparagraph (C) of paragraph (1) for compliance with modernization and equipment standards prescribed pursuant to section 1602(a)(2), and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the requirement of subparagraph (D) of paragraph (1) respecting title to a project site,</content></clause> <continuation class="indent0 fontsize10">in the case of an application for a project described in subparagraph (B).</continuation></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <chapeau>A project referred to in subparagraph (A) is a project—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>for the modernization of an outpatient medical facility which will provide general purpose health services, which is not part of a hospital, and which will serve a medically underserved population as defined in section 1623 or as designated by a health systems agency, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>for which the applicant seeks (I) not more than $20,000 from the allotments made under part B to the State in which it is <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 2262.</p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 2264.</p></sidenote> located, or (II) a loan under part C the principal amount of which does not exceed $20,000.</content></clause></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <chapeau>The Secretary shall approve an application submitted under subsection (b) (other than an application for a grant under section 1625) if—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>in the case of a project to be assisted from an allotment made under part B, there are sufficient funds in such allotment to pay the Federal share of the project; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <chapeau>the Secretary finds that—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the application (i) is in conformity with the State medical facilities plan approved under section 1603, (ii) has been approved and recommended by the State Agency, (iii) is for a project which is entitled to priority over other projects within the State as determined in accordance with the <page identifier="/us/stat/88/2262">88 <inline class="smallCaps">Stat.</inline> 2262</page> approved State medical facilities plan, and (iv) contains the assurances required by subsection (b); and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the plans and specifications for the project meet the requirements of the regulations prescribed pursuant to section 1602(a).</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>No application (other than an application for a grant under section 1625) shall be disapproved until the Secretary has afforded the State Agency an opportunity for a hearing.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <content>Amendment of any approved application shall be subject to approval in the same manner as an original application.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <content>Each application shall be reviewed by health systems agencies in accordance with section 1513(e).<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 2235.</p></sidenote></content></subsection> </section> </part> <part> <num value="B"><inline class="smallCaps">“Part B</inline>—</num><heading><inline class="smallCaps">Allotments</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“allotments</inline></heading> <num value="1610"><inline class="smallCaps">“Sec.</inline> 1610.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">For each fiscal year, the Secretary shall, in accordance <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300p">42 USC 300p.</ref></p></sidenote> with regulations, make from sums appropriated for such fiscal year under section 1513 allotments among the States on the basis of the population, the financial need, and need for medical facilities projects described in section 1601 of the respective States. The population of the States shall be determined on the basis of the latest figures certified by the Secretary of Commerce.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The allotment to any State (other than Guam, American Samoa, the Virgin Islands, or the Trust Territory of the Pacific Islands) for any fiscal year shall be not less than $1,000,000; and the allotment to Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands for any fiscal year shall be not less than $500,000 each.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>Notwithstanding paragraph (1), if the amount appropriated under section 1613 for any fiscal year is less than the amount required to provide allotments in accordance with paragraph (1), the amount of the allotment to any State for such fiscal year shall be an amount which bears the same ratio to the amount prescribed for such State by paragraph (1) as the amount appropriated for such fiscal year bears to the amount of appropriations needed to make allotments to all the States in accordance with paragraph (1).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>Any amount allotted to a State for a fiscal year under subsection (a) and remaining unobligated at the end of such year shall remain available to such State, for the purpose for which made, for the next two fiscal years (and for such years only), in addition to the amounts allotted to such State for such purposes for such next two fiscal years; except that any such amount which is unobligated at the end of the first of such next two years and which the Secretary determines will remain unobligated at the close of the second of such next two years may be reallotted by the Secretary, to be available for the purposes for which made until the close of the second of such next two years, to other States which have need therefor, on such basis as the Secretary deems equitable and consistent with the purposes of this title. Any amount so reallotted to a State shall be in addition to the amounts allotted and available to the State for the same period.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“payments from allotments</inline></heading> <num value="1611"><inline class="smallCaps">“Sec.</inline> 1611.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">If with respect to any medical facility project <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300p–1">42 USC 300p–1.</ref></p></sidenote> approved under section 1604 the State Agency certifies (upon the basis of inspection by it) to the Secretary that, in accordance with approved plans and specifications, work has been performed upon <page identifier="/us/stat/88/2263">88 <inline class="smallCaps">Stat.</inline> 2263</page> the project or purchases have been made for it and that payment from the applicable allotment of the State in which the project is located is due for the project, the Secretary shall, except as provided in subsection (b), make such payment to the State.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <chapeau>The Secretary is authorized to not make payments to a State <sidenote><p class="indent0 firstIndent1 fontsize8">Payment restriction.</p></sidenote> pursuant to subsection (a) in the following circumstances:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>If such State is not authorized by law to make payments for an approved medical facility project from the payment to be made by the Secretary pursuant to subsection (a), or if the State so requests, the Secretary shall make the payment from the State allotment directly to the applicant for such project.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>If the Secretary, after investigation or otherwise, has reason to believe that any act (or failure to act) has occurred requiring action pursuant to section 1612, payment by the Secretary may, after he has given the State Agency notice and opportunity for hearing pursuant to such section, be withheld, in whole or in part, pending corrective action or action based on such hearing.</content></paragraph> <continuation class="indent0 fontsize10">In no event may the total of payments made under subsection (a) with respect to any project exceed an amount equal to the Federal share of such project.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>In case an amendment to an approved application is approved as provided in section 1604 or the estimated cost of a project is revised upward, any additional payment with respect thereto may be made from the applicable allotment of the State for the fiscal year in which such amendment or revision is approved.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <chapeau>In any fiscal year—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>not more than 20 per centum of the amount of a State’s allotment available for obligation in that fiscal year may be obligated for projects in the State for construction of new facilities for the provision of inpatient health care to persons residing in areas of the State which have experienced recent rapid population growth; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>not less than 25 per centum of the amount of a State’s allotment available for obligation in that fiscal year shall be obligated for projects for outpatient facilities which will serve medically underserved populations.</content></paragraph> <continuation class="indent0 fontsize10">In the administration of this part, the Secretary shall seek to assure <sidenote><p class="indent0 firstIndent1 fontsize8">Rural projects.</p></sidenote> that in each fiscal year at least one half of the amount obligated for projects pursuant to paragraph (2) shall be obligated for projects which will serve rural medically underserved populations.</continuation></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“withholding of payments and other compliance actions</inline></heading> <num value="1612"><inline class="smallCaps">“Sec.</inline> 1612.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Whenever the Secretary, after reasonable notice and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300p–2">42 USC 300p–2.</ref></p></sidenote> opportunity for hearing to the State Agency concerned finds—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>that the State Agency is not complying substantially with the provisions required by section 1603 to be included in its State medical facilities plan,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>that any assurance required to be given in an application filed under section 1604 is not being or cannot be carried out, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>that there is a substantial failure to carry out plans and specifications approved by the Secretary under section 1604,</content></paragraph> <continuation class="indent0 fontsize10">the Secretary shall take the action authorized by subsection (b) unless, in the case of compliance with assurances, the Secretary requires compliance by other means authorized by law.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">Upon a finding described in subsection (a) and after notice to the State Agency concerned, the Secretary may—</chapeau> <page identifier="/us/stat/88/2264">88 <inline class="smallCaps">Stat.</inline> 2264</page> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>withhold from all projects within the State with respect to which the finding was made further payments from the State’s allotment under section 1610, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>withhold from the specific projects with respect to which the finding was made further payments from the applicable State allotment under section 1610.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <chapeau>Payments may be withheld, in whole or in part, under paragraph (1)—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>until the basis for the finding upon which the withholding was made no longer exists, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>if corrective action to make such finding inapplicable cannot be made, until the State concerned repays or arranges for the repayment of Federal funds paid under this part for projects which because of the finding are not entitled to such funds.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>The Secretary shall investigate and ascertain, on a periodic <sidenote><p class="indent0 firstIndent1 fontsize8">Periodic investigations.</p></sidenote> basis, with respect to each entity which is receiving financial assistance under this title or which has received financial assistance under title VI or this title, the extent of compliance by such entity with the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s291">42 USC 291.</ref></p></sidenote> assurances required to be made at the time such assistance was received. If the Secretary finds that such an entity has failed to comply with any such assurance, the Secretary shall take the action authorized by subsection (b) or take any other action authorized by law (including an action for specific performance brought by the Attorney General upon request of the Secretary) which will effect compliance by the entity with such assurances. An appropriate action to effectuate compliance with any such assurance may be brought by a person other than the Secretary only if a complaint has been filed by such person with the Secretary and the Secretary has dismissed such complaint or the Attorney General has not brought a civil action for compliance with such assurance within 6 months after the date on which the complaint was filed with the Secretary.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“authorization of appropriations</inline></heading> <num value="1613"><inline class="smallCaps">“Sec.</inline> 1613.</num> <content>Except as provided in section 1625(d), there are authorized <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300p–3">42 USC 300p–3.</ref></p></sidenote> to be appropriated for allotments under section 1510 $125,000,000 for the fiscal year ending June 30, 1975, $130,000,000 for the fiscal year ending June 30, 1976, and $135,000,000 for the fiscal year ending June 30, 1977.</content> </section> </part> <part> <num value="C"><inline class="smallCaps">“Part C</inline>—</num><heading><inline class="smallCaps">Loans and Loan Guarantees</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“authority for loans and loan guarantees</inline></heading> <num value="1620"><inline class="smallCaps">“Sec.</inline> 1620.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary, during the period beginning July 1, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300q">42 USC 300q.</ref></p></sidenote> 1974, and ending June 30, 1977, may, in accordance with this part, make loans from the fund established under section 1622(d) to pay the Federal share of projects approved under section 1604.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">The Secretary, during the period beginning July 1, 1974, and ending June 30, 1977, may, in accordance with this part, guarantee to—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>non-Federal lenders for their loans to nonprofit private entities for medical facilities projects, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the Federal Financing Bank for its loans to nonprofit private entities for such projects,</content></clause> <continuation class="indent0 fontsize10">payment of principal and interest on such loans if applications for assistance for such projects under this title have been approved under section 1604.</continuation></paragraph> <page identifier="/us/stat/88/2265">88 <inline class="smallCaps">Stat.</inline> 2265</page> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>In the case of a guarantee of any loan to a nonprofit private <sidenote><p class="indent0 firstIndent1 fontsize8">Interest payments.</p></sidenote> entity under this title, the Secretary shall pay, to the holder of such loan and for and on behalf of the project for which the loan was made amounts sufficient to reduce by 3 per centum per annum the net effective interest rate otherwise payable on such loan. Each holder of such a loan which is guaranteed under this title shall have a contractual right to receive from the United States interest payments required by the preceding sentence.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>The cumulative total of the principal of the loans outstanding <sidenote><p class="indent0 firstIndent1 fontsize8">Limitations.</p></sidenote> at any time with respect to which guarantees have been issued, or which have been directly made, may not exceed such limitations as may be specified in appropriation Acts.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>The Secretary, with the consent of the Secretary of Housing <sidenote><p class="indent0 firstIndent1 fontsize8">HUD assistance.</p></sidenote> and Urban Development, shall obtain from the Department of Housing and Urban Development such assistance with respect to the administration of this part as will promote efficiency and economy thereof.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“allocation among the states</inline></heading> <num value="1621"><inline class="smallCaps">“Sec.</inline> 1621.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">For each fiscal year, the total amount of principal <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300q–1">42 USC 300q–1.</ref></p></sidenote> of—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>loans to nonprofit private entities which may be guaranteed, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>loans which may be directly made,</content></paragraph> <continuation class="indent0 fontsize10">under this part shall be allotted by the Secretary among the States, in accordance with regulations, on the basis of the population, financial need, and need for medical facilities projects described in section 1601 of the respective States. The population of the States shall be determined on the basis of the latest figures certified by the Secretary of Commerce.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Any amount allotted to a State for a fiscal year under <sidenote><p class="indent0 firstIndent1 fontsize8">Unobligated funds, availability to State.</p></sidenote> subsection (a) and remaining unobligated at the end of such year shall remain available to such State, for the purpose for which made, for the next two fiscal years (and for such years only), in addition to the amounts allotted to such State for such purposes for such next two fiscal years; except that any such amount which is unobligated <sidenote><p class="indent0 firstIndent1 fontsize8">Reallotments.</p></sidenote> at the end of the first of such next two years and which the Secretary determines will remain unobligated at the close of the second of such next two years may be reallotted by the Secretary, to be available for the purposes for which made until the close of the second of such next two years, to other States which have need therefor, on such basis as the Secretary deems equitable and consistent with the purposes of this title. Any amount so reallotted to a State shall be in addition to the amounts allotted and available to the State for the same period.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“general provisions relating to loan guarantees and loans</inline></heading> <num value="1622"><inline class="smallCaps">“Sec.</inline> 1622.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Secretary may not approve a loan guarantee <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300q–2">42 USC 300q–2.</ref></p></sidenote> for a project under this part unless he determines that (A) the terms, conditions, security (if any), and schedule and amount of repayments with respect to the loan are sufficient to protect the financial interests of the United States and are otherwise reasonable, including a determination that the rate of interest does not exceed such per centum per annum on the principal obligation outstanding as the Secretary determines to be reasonable, taking into account the range of interest rates prevailing in the private market for similar loans and the risks assumed by the United States, and (B) the loan would <page identifier="/us/stat/88/2266">88 <inline class="smallCaps">Stat.</inline> 2266</page> not be available on reasonable terms and conditions without the guarantee under this part.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">The United States shall be entitled to recover from the <sidenote><p class="indent0 firstIndent1 fontsize8">Payment recovery.</p></sidenote> applicant for a loan guarantee under this part the amount of any payment made pursuant to such guarantee, unless the Secretary for good cause waives such right of recovery; and, upon making any such payment, the United States shall be subrogated to all of the rights of the recipient of the payments with respect to which the guarantee was made.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <content>To the extent permitted by subparagraph (C), any terms and <sidenote><p class="indent0 firstIndent1 fontsize8">Terms and conditions, modification.</p></sidenote> conditions applicable to a loan guarantee under this part (including terms and conditions imposed under subparagraph (D)) may be modified by the Secretary to the extent he determines it to be consistent with the financial interest of the United States.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">“(C)</num> <content>Any loan guarantee made by the Secretary under this part shall be incontestable (i) in the hands of an applicant on whose behalf such guarantee is made unless the applicant engaged in fraud or misrepresentation in securing such guarantee, and (ii) as to any person (or his successor in interest) who makes or contracts to make a loan to such applicant in reliance thereon unless such person (or his successor in interest) engaged in fraud or misrepresentation in making or contracting to make such loan.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="D">“(D)</num> <content>Guarantees of loans under this part shall be subject to such further terms and conditions as the Secretary determines to be necessary to assure that the purposes of this title will be achieved.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">The Secretary may not approve a loan under this part <sidenote><p class="indent0 firstIndent1 fontsize8">Loan approval conditions.</p></sidenote> unless</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the Secretary is reasonably satisfied that the applicant under the project for which the loan would be made will be able to make payments of principal and interest thereon when due, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the applicant provides the Secretary with reasonable assurances that there will be available to it such additional funds as may be necessary to complete the project or undertaking with respect to which such loan is requested.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>Any loan made under this part shall (A) have such security, (B) have such maturity date, (C) be repayable in such installments, (D) bear interest at a rate comparable to the current rate of interest prevailing, on the date the loan is made, with respect to loans guaranteed under this part, minus 3 per centum per annum, and (E) be subject to such other terms and conditions (including provisions for recovery in case of default), as the Secretary determines to be necessary to carry out the purposes of this title while adequately protecting the financial interests of the United States.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>The Secretary may, for good cause but with due regard to the <sidenote><p class="indent0 firstIndent1 fontsize8">Waiver.</p></sidenote> financial interests of the United States, waive any right of recovery which he has by reasons of the failure of a borrower to make payments of principal of and interest on a loan made under this part, except that if such loan is sold and guaranteed, any such waiver shall have no effect upon the Secretary’s guarantee of timely payment of principal and interest.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Secretary shall from time to time, but with due regard <sidenote><p class="indent0 firstIndent1 fontsize8">Sale of loans.</p></sidenote> to the financial interests of the United States, sell loans made under this part either on the private market or to the Federal National Mortgage Association in accordance with section 302 of the Federal National Mortgage Association Charter Act or to the Federal Financing Bank.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1717">12 USC 1717.</ref></p></sidenote></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>Any loan so sold shall be sold for an amount which is equal (or approximately equal) to the amount of the unpaid principal of such loans as of time of sale.</content></paragraph> <page identifier="/us/stat/88/2267">88 <inline class="smallCaps">Stat.</inline> 2267</page> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num><subparagraph class="inline"><num value="A">(A)</num> <chapeau class="inline">The Secretary is authorized to enter into an agreement <sidenote><p class="indent0 firstIndent1 fontsize8">Agreements with loan purchaser.</p></sidenote> with the purchaser of any loan sold under this part under which the Secretary agrees—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>to guarantee to such purchaser (and any successor in interest to such purchaser) payments of the principal and interest payable under such loan, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>to pay as an interest subsidy to such purchaser (and any successor in interest of such purchaser) amounts which, when added to the amount of interest payable on such loan, are equivalent to a reasonable rate of interest on such loan as determined by the Secretary after taking into account the range of prevailing interest rates in the private market on similar loans and the risks assumed by the United States.</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <chapeau>Any agreement under subparagraph (A)—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>may provide that the Secretary shall act as agent of any such purchaser, for the purpose of collecting from the entity to which such loan was made and paying over to such purchaser any payments of principal and interest payable by such entity under such loan;</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>may provide for the repurchase by the Secretary of any such loan on such terms and conditions as may be specified in the agreement;</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>shall provide that, in the event of any default by the entity to which such loan was made in payment of principal or interest due on such loan, the Secretary shall, upon notification to the purchaser (or to the successor in interest of such purchaser), have the option to close out such loan (and any obligations of the Secretary with respect thereto) by paying to the purchaser (or his successor in interest) the total amount of outstanding principal and interest due thereon at the time of such notification; and</content></clause> <clause class="indentUp1 fontsize10"><num value="iv">“(iv)</num> <content>shall provide that, in the event such loan is closed out as provided in clause (iii), or in the event of any other loss incurred by the Secretary by reason of the failure of such entity to make payments of principal or interest on such loan, the Secretary shall be subrogated to all rights of such purchaser for recovery of such loss from such entity.</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <content>Amounts received by the Secretary as proceeds from the sale of loans under this subsection shall be deposited in the fund established under subsection (d).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">There is established in the Treasury a loan and loan guarantee <sidenote><p class="indent0 firstIndent1 fontsize8">Loan and guarantee fund.</p> <p class="indent0 firstIndent1 fontsize8">Establishment.</p></sidenote> fund (hereinafter in this subsection referred to as the ‘fund’) which shall be available to the Secretary without fiscal year limitation, in such amounts as may be specified from time to time in appropriation Acts—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>to enable him to make loans under this part,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>to enable him to discharge his responsibilities under loan guarantees issued by him under this part,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>for payment of interest under section 1620(b)(2) on loans guaranteed under this part,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>for repurchase of loans under subsection (c)(3)(B), and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <content>for payment of interest on loans which are sold and guaranteed.</content></subparagraph> <continuation class="indent0 fontsize10">There are authorized to be appropriated from time to time such <sidenote><p class="indent0 firstIndent1 fontsize8">Appropriation.</p></sidenote> amounts as may be necessary to provide the sums required for the fund. There shall also be deposited in the fund amounts received by the Secretary in connection with loans and loan guarantees under this part and other property or assets derived by him from his operations <page identifier="/us/stat/88/2268">88 <inline class="smallCaps">Stat.</inline> 2268</page> respecting such loans and loan guarantees, including any money derived from the sale of assets.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <chapeau>If at any time the sums in the funds are insufficient to enable the Secretary—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>to make payments of interest under section 1620(b)(2),</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>to otherwise comply with guarantees under this part of loans to nonprofit private entities,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>in the case of a loan which was made, sold, and guaranteed under this part, to make to the purchaser of such loan payments of principal and interest on such loan after default by the entity to which the loan was made, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>to repurchase loans under subsection (c)(3)(B), and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <content>to make payments of interest on loans which are sold and guaranteed,</content></subparagraph> <continuation class="indent0 fontsize10">he is authorized to issue to the Secretary of the Treasury notes or <sidenote><p class="indent0 firstIndent1 fontsize8">Notes or other obligations.</p></sidenote> other obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions, as may be prescribed by the Secretary with the approval of the Secretary of the Treasury. Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the notes or other obligations. The Secretary of the Treasury shall purchase any notes and other obligations issued under this paragraph and for that purpose he may use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, and the purposes <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s774">31 USC 774.</ref></p></sidenote> for which the securities may be issued under that Act are extended to include any purchase of such notes and obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this paragraph. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as a public debt transactions of the United States. Sums borrowed under this paragraph shall be deposited in the fund and redemption of such notes and obligations shall be made by the Secretary from the fund.</continuation></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The assets, commitments, obligations, and outstanding <sidenote><p class="indent0 firstIndent1 fontsize8">Transfer of funds.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s291j–6">42 USC 291j–6.</ref></p></sidenote> balances of the loan guarantee and loan fund established in the Treasury by section 626 shall be transferred to the fund established by subsection (d) of this section.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>To provide additional capitalization for the fund established <sidenote><p class="indent0 firstIndent1 fontsize8">Appropriation.</p></sidenote> under subsection (d) there are authorized to be appropriated to the fund, such sums as may be necessary for the fiscal years ending June 30, 1975, June 30, 1976, and June 30, 1977.</content></paragraph></subsection> </section> </part> <part> <num value="D"><inline class="smallCaps">“Part D</inline>—</num><heading><inline class="smallCaps">Project Grants</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“project grants</inline></heading> <num value="1625"><inline class="smallCaps">“Sec.</inline> 1625.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary may make grants for construction <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300r">42 USC 300r.</ref></p></sidenote> or modernization projects designed to (1) eliminate or prevent imminent safety hazards as defined by Federal, State, or local fire, building, or life safety codes or regulations, or (2) avoid noncompliance with State or voluntary licensure or accreditation standards. A grant under this subsection may only be made to a State or political subdivision of a State, including any city, town, county, borough, hospital district authority, or public or quasi-public corporation, for a project described in the preceding sentence for any medical facility owned or operated by it.</content></subsection> <page identifier="/us/stat/88/2269">88 <inline class="smallCaps">Stat.</inline> 2269</page> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>An application for a grant under subsection (a) may not be approved under section 1604 unless it contains assurances satisfactory to the Secretary that the applicant making the application would not be able to complete the project for which the application is submitted without the grant applied for.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>The amount of any grant under subsection (a) may not <sidenote><p class="indent0 firstIndent1 fontsize8">Cost limitation.</p></sidenote> exceed 75 per centum of the cost of the project for which the grant is made unless the project is located in an area determined by the Secretary to be an urban or rural poverty area, in which case the grant may cover up to 100 per centum of such costs.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>Of the sums appropriated under section 1613 for a fiscal year, there shall be made available for grants under subsection (a) for such fiscal year 22 per centum of such sums.</content></subsection> </section> </part> <part><num value="E"><inline class="smallCaps">“Part E</inline>—</num><heading><inline class="smallCaps">General Provisions</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“judicial review</inline></heading> <num value="1630"><inline class="smallCaps">“Sec.</inline> 1630.</num> <chapeau>If—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300s">42 USC 300s.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>the Secretary refuses to approve an application for a project submitted under section 1604, the State Agency through which such application was submitted, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>any State is dissatisfied with, or any entity will be adversely affected by, the Secretary’s action under section 1612, such State or entity,</content></paragraph> <continuation class="indent0 fontsize10">may appeal to the United States court of appeals for the circuit in which such State Agency, State, or entity is located, by filing a petition with such court within sixty days after such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary, or any officer designated by him for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28. United States Code. Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record, the Secretary may modify or set aside his order. The findings of the Secretary as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judgment of the court affirming or setting aside, in whole or in part, any action of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28. United States Code. The commencement of proceedings under this section shall not, unless so specifically ordered by the Court, operate as a stay of the Secretary’s action.</continuation> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“recovery</inline></heading> <num value="1631"><inline class="smallCaps">“Sec.</inline> 1631.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">If any facility constructed, modernized, or converted <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300s–1">42 USC 300s–1.</ref></p></sidenote> with funds provided under this title is, at any time within twenty years after the completion of such construction, modernization, or conversion with such funds—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>sold or transferred to any person or entity (A) which is not qualified to file an application under section 1604, or (B) which is not approved as a transferee by the State Agency of the State in which such facility is located, or its successor; or</content></paragraph> <page identifier="/us/stat/88/2270">88 <inline class="smallCaps">Stat.</inline> 2270</page> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>not used as a medical facility, and the Secretary has not determined that there is good cause for termination of such use,</content></paragraph> <continuation class="indent0 fontsize10">the United States shall be entitled to recover from either the transferor or the transferee in the case of a sale or transfer or from the owner in the case of termination of use an amount bearing the same ratio to the then value (as determined by the agreement of the parties or by action brought in the district court of the United States for the district in which the facility is situated) of so much of such facility as constituted an approved project or projects, as the amount of the Federal participation bore to the cost of the construction, modernization, or conversion of such project or projects. Such right of recovery shall not constitute a lien upon such facility prior to judgment.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <chapeau>The Secretary may waive the recovery rights of the United <sidenote><p class="indent0 firstIndent1 fontsize8">Waiver.</p></sidenote> States under subsection (a) with respect to a facility in any State—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>if (as determined under regulations prescribed by the Secretary) the amount which could be recovered under subsection (a) with respect to such facility is applied to the development, expansion, or support of another medical facility located in such State which has been approved by the Statewide Health Coordinating Council for such State as consistent with the State health plan established pursuant to section 1524(c); or<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 2247.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>if the Secretary determines, in accordance with regulations, that there is good cause for waiving such requirement with respect to such facility.</content></paragraph> <continuation class="indent0 fontsize10">If the amount which the United States is entitled to recover under subsection (a) exceeds 90 per centum of the total cost of the construction or modernization project for a facility, a waiver under this subsection shall only apply with respect to an amount which is not more than 90 per centum of such total cost. The Secretary may not waive a right of recovery which arose one year before the date of the enactment of this title.</continuation></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“state control of operations</inline></heading> <num value="1632"><inline class="smallCaps">“Sec.</inline> 1632.</num> <content>Except as otherwise specifically provided, nothing in <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300s–2">42 USC 300s–2.</ref></p></sidenote> this title shall be construed as conferring on any Federal officer or employee the right to exercise any supervision or control over the administration, personnel, maintenance, or operation of any facility with respect to which any funds have been or may be expended under this title.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“definitions</inline></heading> <num value="1633"><inline class="smallCaps">“Sec.</inline> 1633.</num> <chapeau>For the purposes of this title—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300s–3">42 USC 300s–3.</ref></p></sidenote></chapeau> <paragraph class="indent0 fontsize10"><num value="1">“(1)</num> <content>The term ‘State’ includes the Commonwealth of Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the District of Columbia.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <chapeau>The term ‘Federal share’ means the proportion of the cost of a medical facilities project which the State Agency determines the Federal Government will provide under allotment payments or a loan or loan guarantee under this title, except that—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <chapeau>in the case of a modernization project—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>described in section 1604(b)(2)(B), and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>the application for which received a waiver under section 1604(b)(2)(A),</content></clause> <continuation class="indent0 fontsize10">the proportion of the cost of such project to be paid by the Federal Government under allotment payments or a loan may not exceed $20,000 and may not exceed 100 per centum of the first $6,000 of the cost of such project and 66⅔ per centum of the next $21,000 of such cost,</continuation></subparagraph> <page identifier="/us/stat/88/2271">88 <inline class="smallCaps">Stat.</inline> 2271</page> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>in the case of a project (other than a project described in subparagraph (A)) to be assisted from an allotment made under part B, the proportion of the cost of such project to be paid by the Federal Government may not exceed 66⅔ unless the project is located in an area determined by the Secretary to be an urban or rural poverty area, in which case the proportion of the cost of such project to be paid by the Federal Government may be 100 per centum, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>in the case of a project (other than a project described in subparagraph (A)) to be assisted with a loan or loan guarantee made under part C, the principal amount of the loan directly made or guaranteed for such project, when added to any other assistance provided the project under this title, may not exceed 90 per centum of the cost of such project unless the project is located in an area determined by the Secretary to be an urban or rural poverty area, in which case the principal amount, when added to other assistance under this title, may cover up to 100 per centum of the cost of the project.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>The term ‘hospital’ includes general, tuberculosis, and other types of hospitals, and related facilities, such as laboratories, outpatient departments, nurses’ home facilities, extended care facilities, facilities related to programs for home health services, self-care units, and central service facilities, operated in connection with hospitals, and also includes education or training facilities for health professional personnel operated as an integral part of a hospital, but does not include any hospital furnishing primarily domiciliary care.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <content>The term ‘public health center’ means a publicly owned facility for the provision of public health services, including related publicly owned facilities such as laboratories, clinics, and administrative offices operated in connection with such a facility.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">“(5)</num> <content>The term ‘nonprofit’ as applied to any facility means a facility which is owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="6">“(6)</num> <chapeau>The term ‘outpatient medical facility’ means a medical facility (located in or apart from a hospital) for the diagnosis or diagnosis and treatment of ambulatory patients (including ambulatory inpatients)—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>which is operated in connection with a hospital,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>in which patient care is under the professional supervision of persons licensed to practice medicine or surgery in the State, or in the case of dental diagnosis or treatment, under the professional supervision of persons licensed to practice dentistry in the State; or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>which offers to patients not requiring hospitalization the services of licensed physicians in various medical specialties, and which provides to its patients a reasonably full-range of diagnostic and treatment services.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="7">“(7)</num> <chapeau>The term ‘rehabilitation facility’ means a facility which is operated for the primary purpose of assisting in the rehabilitation of disabled persons through an integrated program of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>medical evaluation and services, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>psychological, social, or vocational evaluation and services,</content></subparagraph> <continuation class="indent0 fontsize10">under competent professional supervision, and in the case of which the major portion of the required evaluation and services is furnished within the facility; and either the facility is operated in connection with a hospital, or all medical and related health services are prescribed by, or are under the general direction of, persons licensed to practice medicine or surgery in the State.</continuation></paragraph> <page identifier="/us/stat/88/2272">88 <inline class="smallCaps">Stat.</inline> 2272</page> <paragraph class="indent0 fontsize10"><num value="8">“(8)</num> <chapeau>The term ‘facility for long-term care’ means a facility (including a skilled nursing or intermediate care facility) providing in-patient care for convalescent or chronic disease patients who required skilled nursing or intermediate care and related medical services—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>which is a hospital (other than a hospital primarily for the care and treatment of mentally ill or tuberculous patients) or is operated in connection with a hospital, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>in which such care and medical services are prescribed by, or are performed under the general direction of, persons licensed to practice medicine or surgery in the State.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="9">“(9)</num> <content>The term ‘construction’ means construction of new buildings and initial equipment of such buildings and, in any case in which it will help to provide a service not previously provided in the community, equipment of any buildings; including architects’ fees, but excluding the cost of off-site improvements and, except with respect to public health centers, the cost of the acquisition of land.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="10">“(10)</num> <content>The term ‘cost’ as applied to construction, modernization, or conversion means the amount found by the Secretary to be necessary for construction, modernization, or conversion, respectively, under a project, except that, in the case of a modernization project or a project assisted under part D, such term does not include any amount found <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 2268.</p></sidenote> by the Secretary to be attributable to expansion of the bed capacity of any facility.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="11">“(11)</num> <content>The term ‘modernization’ includes the alteration, expansion, major repair (to the extent permitted by regulations), remodeling, replacement, and renovation of existing buildings (including initial equipment thereof), and the replacement of obsolete equipment of existing buildings.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="12">“(12)</num> <content>The term ‘title,’ when used with reference to a site for a project, means a fee simple, or such other estate or interest (including a leasehold on which the rental does not exceed 4 per centum of the value of the land) as the Secretary finds sufficient to assure for a period of not less than twenty-five years’ undisturbed use and possession for the purposes of construction, modernization, or conversion and operation of the project for a period of not less than (A) twenty years in the case of a project assisted under an allotment or grant under this title, or (B) the term of repayment of a loan made or guaranteed under this title in the case of a project assisted by a loan or loan guarantee.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="13">“(13)</num> <content>The term ‘medical facility’ means a hospital, public health center, outpatient medical facility, rehabilitation facility, facility for long-term care, or other facility (as may be designated by the Secretary) for the provision of health care to ambulatory patients.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="14">“(14)</num> <content>The term ‘State Agency’ means the State health planning and development agency of a State designated under title XIV.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 2227.</p></sidenote></content></paragraph> <paragraph class="indent0 fontsize10"><num value="15">“(15)</num> <chapeau>The term ‘urban or rural poverty area’ means an urban or rural geographical area (as defined by the Secretary) in which a percentage (as defined by the Secretary in accordance with the next sentence) of the residents of the area have incomes below the poverty level (as defined by the Secretary of Commerce). The percentage referred to in the preceding sentence shall be defined so that the percentage of the population of the United States residing in urban and rural poverty areas is—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>not more than the percentage of the total population of the United States with incomes below the poverty level (as so defined) plus five per centum, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>not less than such percentage minus five per centum.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="16">“(16)</num> <content>The term ‘medically underserved population’ means the population of an urban or rural area designated by the Secretary as an area with a shortage of health facilities or a population group designated by the Secretary as having a shortage of such facilities.</content></paragraph> </section> <page identifier="/us/stat/88/2273">88 <inline class="smallCaps">Stat.</inline> 2273</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“financial statements; records and audit</inline></heading> <num value="1634"><inline class="smallCaps">“Sec.</inline> 1634.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">In the case of any facility for which an allotment <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300s–4">42 USC 300s–4.</ref></p></sidenote> payment, grant, loan, or loan guarantee has been made under this title, the applicant for such payment, grant, loan, or loan guarantee (or, if appropriate, such other person as the Secretary may prescribe) shall file at least annually with the State Agency for the State in which the facility is located a statement which shall be in such form, and contain such information, as the Secretary may require to accurately show—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>the financial operations of the facility, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>the costs to the facility of providing health services in the facility and the charges made by the facility for providing such services,</content></paragraph> <continuation class="indent0 fontsize10">during the period with respect to which the statement is filed.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Each entity receiving Federal assistance under this title <sidenote><p class="indent0 firstIndent1 fontsize8">Recordkeeping.</p></sidenote> shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such entity of the proceeds of such assistance, the total cost of the project in connection with which such assistance is given or used, the amount of that portion of the cost of the project supplied by other sources, and such other records as will facilitate an effective audit.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>The Secretary and the Comptroller General of the United <sidenote><p class="indent0 firstIndent1 fontsize8">Audit.</p></sidenote> States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of such entities which in the opinion of the Secretary or the Comptroller General may be related or pertinent to the assistance referred to in paragraph (1).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <chapeau>Each such entity shall file at least annually with the Secretary a statement which shall be in such form, and contain such information, as the Secretary may require to accurately show—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>the financial operations of the facility constructed or modernized with such assistance, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>the costs to such facility of providing health services in such facility, and the charges made for such services, during the period with respect to which the statement is filed.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“technical assistance</inline></heading> <num value="1635"><inline class="smallCaps">“Sec.</inline> 1635.</num> <content>The Secretary shall provide (either through the Department <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300s–5">42 USC 300s–5.</ref></p></sidenote> of Health, Education, and Welfare or by contract) all necessary technical and other nonfinancial assistance to any public or other nonprofit entity which is eligible to apply for assistance under this title to assist such entity in developing applications to be submitted to the Secretary under section 1604. The Secretary shall make every effort to inform eligible applicants of the availability of assistance under this title.</content> </section> </part> <part> <num value="F"><inline class="smallCaps">“Part F</inline>—</num><heading><inline class="smallCaps">Area Health Services Development Funds</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“development grants for area health services development funds</inline></heading> <num value="1640"><inline class="smallCaps">“Sec.</inline> 1640.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Secretary shall make in each fiscal year a grant <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s300t">42 USC 300t.</ref></p></sidenote> to each health system agency—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>with which there is in effect a designation agreement under section 1515(c),<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 2239.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>which has in effect an HSP and AIP reviewed by the Statewide Health Coordinating Council, and</content></paragraph> <page identifier="/us/stat/88/2274">88 <inline class="smallCaps">Stat.</inline> 2274</page> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>which, as determined under the review made under section 1535(c), is organized and operated in the manner prescribed <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 2256.</p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 2232.</p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 2235.</p></sidenote> by section 1512(b) and is performing its functions under section 1513 in a manner satisfactory to the Secretary,</content></paragraph> <continuation class="indent0 fontsize10">to enable the agency to establish and maintain an Area Health Services Development Fund from which it may make grants and enter into contracts in accordance with section 1513(c)(3).</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Except as provided in paragraph (2), the amount of any grant under subsection (a) shall be determined by the Secretary after taking into consideration the population of the health service area for which the health systems agency is designated, the average family income of the area, and the supply of health services in the area.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>The amount of any grant under subsection (a) to a health <sidenote><p class="indent0 firstIndent1 fontsize8">Limitation.</p></sidenote> systems agency for any fiscal year may not exceed the product of $1 and the population of the health service area for which such agency is designated.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>No grant may be made under subsection (a) unless an application therefor has been submitted to, and approved by, the Secretary. Such an application shall be submitted in such form and manner and contain such information as the Secretary may require.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>For the purpose of making payments pursuant to grants under <sidenote><p class="indent0 firstIndent1 fontsize8">Appropriations.</p></sidenote> subsection (a), there are authorized to be appropriated $25,000,000 for the fiscal year ending June 30, 1975, $75,000,000 for the fiscal year ending June 30, 1976, and $120,000,000 for the fiscal year ending June 30, 1977.”</content></subsection> </section> </part>
miscellaneous and transitional provisions Sec. 5. (a)(1) There are authorized to be appropriated for the fiscal

Appropriations.

42 USC 300m note.

42 USC 246.

 year ending June 30, 1975, and the next fiscal year such sums as may be necessary to make grants under section 314(a) of the Public Health Service Act, except that no grant made to a State with funds appropriated under this paragraph shall be available for obligation beyond— (A) three months after the date on which a State health planning and development agency is designated for such State under section 1421 of such Act, or (B) June 30, 1976, whichever is later. (2) There are authorized to be appropriated for the fiscal year

42 USC 300l–4.

 ending June 30, 1975, and the next fiscal year such sums as may be necessary to make grants under section 304 of the Public Health Service Act for experimental health services delivery systems, section

42 USC 242b.

42 USC 299.

 314(b) of such Act, and title IX of such Act, except that no grant made with funds appropriated under this paragraph shall be available for obligation beyond the later of (A) June 30, 1976, or (B) three months after the date on which a health systems agency has been designated under section 1415 of such Act for a health service area which includes the area of the entity for which a grant is made under such section 304, 314(b), or title IX. (b) Any State which has in the fiscal year ending June 30, 1975,

42 USC 291b note.

42 USC 291a.

 or the next fiscal year funds available for obligation from its allotments under part A of title VI of the Public Health Service Act may in such fiscal year use for the proper and efficient administration during such year of its State plan approved under such part an amount of such funds which does not exceed 4 per centum of such funds or $100,000, whichever is less. 88 Stat. 2275 (c) A reference in any law or regulation— (1) to the agency of a State which administers or supervises the

42 USC 300m note.

 administration of a State’s health planning functions under a State plan approved under section 314(a) of the Public Health Service Act shall in the case of a State for which a State Health planning and development agency has been designated under section 1521 of such Act be considered a reference to the State agency designated under such section 1521;

42 USC 246.

Ante, p. 2242.

 (2) to an agency or organization which has developed a comprehensive

42 USC 300l–4 note.

 regional, metropolitan, or other local area plan or plans referred to in section 314(b) of the Public Health Service Act shall if all or part of the area covered by such plan or plans is within a health service area established under section 1511 of the Public Health Service Act be considered a reference to the health systems agency designated under section 1515 of such Act for such health service area; and

Ante, p. 2229.

Ante, p. 2239.

 (3) to a regional medical program assisted under title IX of

42 USC 300m note.

42 USC 299.

 the Public Health Service Act shall if the program is located in a State for which a State health planning and development agency has been designated under section 1521 of the Public Health Service Act be considered a reference to such State agency. (d) Section 316 of the Public Health Service Act is repealed.

Repeal.

42 USC 247a.
advisory committee Sec. 6. (a) An advisory committee established by or pursuant to

Termination.

42 USC 217a note.

42 USC 201 note.

42 USC 2661 note.

42 USC 4551 note.

 the Public Health Service Act, the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, or the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after the date of the enactment of this Act. (b) The Secretary of Health, Education, and Welfare shall report,

Reports to congressional committees.

 within one year after the date of the enactment of this Act, to the Committee on Labor and Public Welfare of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives (1) the purpose and use of each advisory committee established by or pursuant to the Public Health Service Act, the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, or the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 and (2) his recommendations respecting the termination of each such advisory committee.
agency reports Sec. 7. The Secretary of Health, Education, and Welfare shall report,

Reports to congressional committees.

42 USC 229 note.

 within one year of the date of the enactment of this Act, to the Committee on Labor and Public Welfare of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives (1) the identity of each report required to be made by the Secretary under the Public Health Service Act, the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, or the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 to the Congress (or any committee thereof), (2) the provision of such Acts which requires each such report, (3) the purpose of each such report, and (4) the due date for each such report. The report of the 88 Stat. 2276 Secretary under this section may include such recommendations as he considers appropriate for termination or consolidation of any such reporting requirements.
technical amendment Sec. 8. Section 1305(b)(1) of the Public Health Service Act is

42 USC 300e–4.

 amended to read as follows: “(b)(1) Except as provided in paragraph (2), the aggregate amount of principal of loans made or guaranteed, or both, under this section for a health maintenance organization may not exceed $2,500,000. In any fiscal year, the amount disbursed under a loan or loans made or guaranteed under this section for a health maintenance organization may not exceed $1,000,000,000.”
Approved January 4, 1975.
Public Law 93–642: To establish the Harry S Truman memorial scholarships, and for other purposes. Public Law 642 Public Law 93–642 1975-01-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–642
AN ACT To establish the Harry S Truman memorial scholarships, and for other purposes.

January 4, 1975

[S. 3548]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Harry S Truman Memorial Scholarship Act.

20 USC 2001 note.

 be cited as the “Harry S Truman Memorial Scholarship Act”.
statement of findings Sec. 2.

The Congress finds that—

20 USC 2001.

because a high regard for the public trust and a lively exercise of political talents were outstanding characteristics of the thirty-third President of the United States;

because a special interest of the man from Independence in American history and a broad knowledge and understanding of the American political and economic system gained by study and experience in county and Nationa1 Government culminated in the leadership of America remembered for the quality of his character, courage, and commonsense;

because of the desirability of encouraging young people to recognize and provide service in the highest and best traditions of the American political system at all levels of government, it is especially appropriate to honor former President Harry S Truman through the creation of a perpetual education scholarship program to develop increased opportunities for young Americans to prepare and pursue careers in public service.
definitions Sec. 3. As used in this Act, the term—

20 USC 2002.

 (1) “Board” means the Board of Trustees of the Harry S Truman Scholarship Foundation; 88 Stat. 2277 (2) “Foundation” means the Harry S Truman Scholarship Foundation; (3) “fund” means the Harry S Truman Memorial Scholarship Fund; (4) “institution of higher education” means any such institution as defined by section 1201(a) of the Higher Education Act of 1965;

20 USC 1141.

 (5) “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and, considered as a single entity, Guam, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands; and (6) “Secretary” means the Secretary of the Treasury.”.
Sec. 4. The Harry S Truman Scholarship Program as authorized

20 USC 2003.

 by this Act shall be the sole Federal memorial to President Harry S Truman.
establishment of the harry s truman scholarship program Sec. 5. (a) There is established, as an independent establishment of

Establishment.

20 USC 2004.

 the executive branch of the United States Government, the Harry S Truman Scholarship Foundation. (b)(1) The Foundation shall be subject to the supervision and

Membership.

 direction of a Board of Trustees. The Board shall be composed of thirteen members, as follows: (A) two Members of the Senate, one from each political party, to be appointed by the President of the Senate; (B) two Members of the House of Representatives, one from each political party, to be appointed by the Speaker; (C) eight members, not more than four of whom shall be of the same political party, to be appointed by the President with the advice and consent of the Senate, of whom one shall be a chief executive officer of a State, one a chief executive officer of a city or county, one a member of a Federal court, one a member of a State court, one a person active in postsecondary education, and three representatives of the general public; and (D) the Commissioner of Education or his designate, who shall serve ex officio as a member of the Board, but shall not be eligible to serve as Chairman. (c) The term of office of each member of the Board shall be

Term.

 six years; except that (1) the members first taking office shall serve as designated by the President, four for terms of two years, five for terms of four years, and four for terms of six years, and (2) any member appointed to fill a vacancy shall serve for the remainder of the term for which his predecessor was appointed, and shall be appointed in the same manner as the original appointment for that vacancy was made. (d) Members of the Board shall serve without pay, but shall be

Compensation.

 entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of their duties.
88 Stat. 2278
scholarships Sec. 6. (a) The Foundation is authorized to award scholarships

20 USC 2005.

 to persons who demonstrate outstanding potential for and who plan to pursue a career in public service. Award recipients shall be known as Truman scholars. (b) Scholarships under this Act shall be awarded for such periods as the Foundation may prescribe but not to exceed four academic years. (c) A student awarded a scholarship under this Act may attend any institution of higher education offering courses of study, training, or other educational activities designed to prepare persons for a career in public service as determined pursuant to criteria established by the Foundation. (d) Each student awarded a scholarship under this Act must have indicated a serious intent to enter the public service upon the completion of his or her educational program. Each institution of higher education at which such a student is in attendance will make reasonable continuing efforts to encourage such a student to enter the public service upon completing his or her educational program.
selection of truman scholars Sec. 7. (a) The Foundation is authorized, either directly or by

20 USC 2006.

 contract, to provide for the conduct of a nationwide competition for the purpose of selecting Truman scholars. (b) The Foundation shall adopt selection procedures which shall assure that at least one Truman scholar shall be selected each year from each State in which there is at least one resident applicant who meets the minimum criteria established by the Foundation.
stipends Sec. 8. Each student awarded a scholarship under this Act shall

20 USC 2007.

 receive a stipend which shall not exceed the cost to such student for tuition, fees, books, room and board, or $5,000 whichever is less for each academic year of study.
scholarship conditions Sec. 9. (a) A student awarded a scholarship under the provisions of

20 USC 2008.

 this Act shall continue to receive the payments provided in this Act only during such periods as the Foundation finds that he or she is maintaining satisfactory proficiency and devoting full time to study or research designed to prepare him or her for a career in public service and is not otherwise engaging in gainful employment other than employment approved by the Foundation pursuant to regulation. (b) The Foundation is authorized to require reports containing such

Reports.

 information in such form and to be filed at such times as the Foundation determines to be necessary from any student awarded a scholarship under the provisions of this act. Such reports shall be accompanied by a certificate from an appropriate official at the institution of higher education, approved by the Foundation, stating that such student is making satisfactory progress in, and is devoting essentially full time to, study or research, except as otherwise provided in subsection (a).
88 Stat. 2279
truman memorial scholarship fund Sec. 10. (a) There is established in the Treasury of the United

Establishment.

20 USC 2009.

 States a trust fund to be known as the Harry S Truman Memorial Scholarship Trust Fund. The fund shall consist of amounts appropriated to it by section 14 of this act. (b) It shall be the duty of the Secretary to invest in full the amounts appropriated to the fund. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose, such obligations may be acquired (1) on original issue at the issue price, or (2) by purchase of outstanding obligations at the market place. The purposes for which obligations of the United States may be issued under the Second Liberty Bond Act, as amended,

31 USC 774.

 are hereby extended to authorize the issuance at par of special obligations exclusively to the fund. Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next preceding the date of such issue, borne by all marketable interest-bearing obligations of the United States then forming a part of the public debt; except that where such average rate is not a multiple of one-eighth of 1 per centum, the rate of interest of such special obligations shall be the multiple of one-eighth of 1 per centum next lower than such average rate. Such special obligations shall be issued only if the Secretary determines that the purchase of other interest-bearing obligations of the United States, or of obligations guaranteed as to both principal and interest by the United States or original issue or at the market price, is not in the public interest. (c) Any obligation acquired by the fund (except special obligations issued exclusively to the fund) may be sold by the Secretary at the market price, and such special obligations may be redeemed at par plus accrued interest. (d) The interest on, and the proceeds from the sale or redemption of, any obligations held in the fund shall be credited to and form a part of the fund.
expenditures from the fund Sec. 11. (a) The Secretary is authorized to pay to the Foundation

20 USC 2010.

 from the interest and earnings of the fund such sums as the Board determines are necessary and appropriate to enable the Foundation to carry out the purposes of the Act. (b) The activities of the Foundation under this Act may be audited

GAO audit.

 by the General Accounting Office under such rules and regulations as may be prescribed by the Comptroller General of the United States. The representatives of the General Accounting Office shall have access to all books, accounts, records, reports, and files and all other papers, things, or property belonging to or in use by the Foundation, pertaining to such activities and necessary to facilitate the audit.
88 Stat. 2280
executive secretary Sec. 12. (a) There shall be an Executive Secretary of the Foundation

20 USC 2011.

 who shall be appointed by the Board. The Executive Secretary shall be the chief executive officer of the Foundation and shall carry out the functions of the Foundation subject to the supervision and direction of the Board. The Executive Secretary shall carry out such other functions consistent with the provisions of this Act as the Board shall delegate. (b) The Executive Secretary of the Foundation shall be compensated at the rate specified for employees placed in grade 18 of the General Schedule set forth in section 5332 of title 5, United States Code.

5 USC 5332 note.
administrative provisions Sec. 13. (a) In order to carry out the provisions of this Act, the

20 USC 2012.

 Foundation is authorized to— (1) appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this Act, except that in no case shall employees other than the Executive Secretary be compensated at a rate to exceed the rate provided for employees in grade 15 of the General Schedule set forth in section 5332 of title 5, United States Code; (2) procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section 3109 of title 5, United States Code, but at rates not to exceed the rate specified at the time of such service for grade GS–18 in section 5332 of such title; (3) prescribe such regulations as it deems necessary governing

Regulations.

 the manner in which its functions shall be carried out; (4) receive money and other property donated, bequeathed, or devised, without condition or restriction other than it be used for the purposes of the Foundation; and to use, sell, or otherwise dispose of such property for the purpose of carrying out its functions; (5) accept and utilize the services of voluntary and noncompensated personnel and reimburse them for travel expenses, including per diem, as authorized by section 5703 of title 5, United States Code; (6) enter into contracts, grants, or other arrangements, or

Contract authority.

 modifications thereof, to carry out the provisions of this Act, and such contracts or modifications thereof may, with the concurrence of two-thirds of the members of the Board, be entered into without performance or other bonds, and without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5); (7) make advances, progress, and other payments which the Board deems necessary under this Act without regard to the provisions of section 3648 of the Revised Statutes, as amended (31 U.S.C. 529); (8) rent office space in the District of Columbia; and (9) make other necessary expenditures. (b) The Foundation shall submit to the President and to the

Report to President and Congress.

 Congress an annual report of its operations under this Act.
appropriations authorized Sec. 14. There are authorized to be appropriated $30,000,000 to

20 USC 2013.

 the fund.
Approved January 4, 1975.
Public Law 93–643: To authorize appropriations for the construction of certain highways in accordance with title 23 of the United States Code, and for other purposes. Public Law 643 Public Law 93–643 88 Stat. 2281 1975-01-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 2281 Public Law 93–643
AN ACT To authorize appropriations for the construction of certain highways in accordance with title 23 of the United States Code, and for other purposes.

January 4, 1975

[S. 3934]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Federal-Aid Highway Amendments of 1974.

23 USC 101 note.

 be cited as the “Federal-Aid Highway Amendments of 1974”.
highway authorizations Sec. 101. For the purpose of carrying out the provisions of title 23, United States Code, the following sums are hereby authorized to

23 USC 101 et seq.

 be appropriated: (1) For the Federal-aid primary system in rural areas, out of the Highway Trust Fund, an additional $100,000,000 for the fiscal year 1976. For the Federal-aid secondary system in rural areas, out of the Highway Trust Fund, an additional $50,000,000 for the fiscal year 1976. Sums authorized by this paragraph are in addition to the authorizations for fiscal year 1976 for these systems in section 104(a)(1) of the Federal-Aid Highway Act of 1973.

82 Stat. 251.

 (2) For control of outdoor advertising under section 131 of title 23, United States Code, $50,000,000 for the fiscal year 1975.

Post, p. 2284.

 (3) For control of junkyards under section 136 of title 23, United States Code, $15,000,000 for the fiscal year 1975.

Post, p. 2285.

 (4) For landscaping the scenic enhancement under section 319(b) of title 23, United States Code, $10,000,000 for the fiscal year 1975. (5) Nothing in paragraph (1) or (6) of this section shall be construed to authorize the appropriation of any sums to carry out section 131, 136, 319(b), or chapter 4 of title 23, United States Code.

23 USC 401.

 (6) For off-system roads under section 219, title 23, United States

Post, p. 2289.

 Code, $200,000,000 for the fiscal year 1976.
indian reservation roads and bridges Sec. 102. (a) Paragraph (9) of subsection (a) of section 104 of

82 Stat. 252.

 the Federal-Aid Highway Act of 1973 is amended to read as follows: “(9) For Indian reservation roads and bridges, $83,000,000 for the fiscal year ending June 30, 1974, $84,000,000 for the fiscal year ending June 30, 1975, and $83,000,000 for the fiscal year ending June 30, 1976.”. (b) The definition of the term “Indian reservation roads and

“Indian reservation roads and bridges.”

 bridges” in subsection (a) of section 101 of title 23, United States Code, is amended to read as follows: “The term ‘Indian reservation roads and bridges’ means roads and bridges, including roads and bridges on the Federal-aid systems, that are located within or provide access to an Indian reservation or Indian trust land or restricted Indian land which is not subject to fee title alienation without the approval of the Federal Government, or Indian and Alaska Native villages, groups, or communities in which Indians and Alaskan Natives reside, whom the Secretary of the Interior has determined are eligible for services generally available to Indians under Federal laws specifically applicable to Indians.”. (c) Section 208 of title 23, United States Code, is amended by relettering subsections (c) and (d) as (d) and (e), respectively, and adding a new subsection (c) as follows: “(c) Before approving as a project on an Indian reservation road or bridge any project on a Federal-aid system in a State, the Secretary must determine that obligation of funds for such project is supplementary to and not in lieu of the obligation, for projects on Indian 88 Stat. 2282 reservation roads and bridges, of a fair and equitable share of funds apportioned to such State under section 104 of this title.”

23 USC 104.

23 USC 101 note.

 (d) No funds appropriated under the expanded definition of this section shall be expended without the formal consent of the governing body of the tribe band or group of Indians or Alaskan Natives for whose use the Indian reservation roads and bridges are intended.
rural highway public transportation demonstration program Sec. 103. Section 147 of the Federal-Aid Highway Act of 1973 is

23 USC 142 note.

 amended to read as follows: “(a) To encourage the development, improvement, and use of public mass transportation systems operating vehicles on highways for transportation of passengers within rural areas and small urban areas, and between such areas and urbanized areas, in order to enhance access of rural populations to employment, health care, retail centers, education, and public services, there are authorized to be appropriated

Appropriations.

 $15,000,000 for the fiscal year ending June 30, 1975, and $60,000,000 for the fiscal year ending June 30, 1976, of which $50,000,000 shall be out of the Highway Trust Fund, to the Secretary of Transportation to carry out demonstration projects for public mass transportation on highways in rural areas and small urban areas. Projects eligible for Federal funds under this section shall include highway traffic control devices, the construction of passenger loading areas and facilities, including shelters, fringe and transportation corridor parking facilities to serve bus and other public mass transportation passengers, the purchase of passenger equipment other than rolling stock for fixed rail, and the payment from the General Fund for operating expenses incurred as a result of providing such service. To the extent intercity bus service is provided under the program, preference shall be given to private bus operators who lawfully have provided rural highway passenger transportation over the routes or within the general area of the demonstration project. “(b) Prior to the obligation of any funds for a demonstration project under this section, the Secretary shall provide for public notice of any application for funds under this section which notice

Notice.

Hearing.

 shall include the name of the applicant and the area to be served. Within sixty days thereafter, a public hearing on the project shall be held within the proposed service area.”
demonstration project—railroad-highway crossing Sec. 104. Section 163 of the Federal-Aid Highway Act of 1973 is

23 USC 130 note.

 amended by relettering subsection (a) as paragraph (a)(1) and adding the following new paragraph: “(2) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out an engineering and feasibility study for a demonstration project in Lafayette, Indiana,

Lafayette, Ind.

Appropriation.

 for relocation of railroad lines from the central area of the city. There are authorized to be appropriated to carry out this paragraph $360,000 for the fiscal year ending June 30, 1975.”
transportation for elderly and handicapped persons Sec. 105. (a) It is hereby declared to be the national policy that

23 USC 142 note.

 elderly and handicapped persons have the same right as other persons to utilize mass transportation facilities and services; that special efforts shall be made in the planning, design, construction, and operation of mass transportation facilities and services so that the availability to elderly and handicapped persons of mass transportation 88 Stat. 2283 which they can effectively utilize will be assured; and that all Federal programs offering assistance for mass transportation (including the programs under title 23, United States Code, the Federal-Aid Highway Act of 1973, and this Act) effectively implement this policy.

23 USC 101 note.

 (b) Subsection (b) of section 165 of the Federal-Aid Highway Act of 1973 (87 Stat. 282) is amended to read as follows:

23 USC 142 note.

 “(b) The Secretary of Transportation shall require that projects receiving Federal financial assistance under (1) subsection (a) or (c) of section 142 of title 23, United States Code, (2) paragraph (4) of subsection (e) of section 103, title 23, United States Code, or (3) section 147 of the Federal-Aid Highway Act of 1973 shall be planned,

Ante, p. 2282.

 designed, constructed, and operated to allow effective utilization by elderly or handicapped persons who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, including those who are nonambulatory wheelchair-bound and those with semiambulatory capabilities, are unable without special facilities or special planning or design to utilize such facilities and services effectively. The Secretary shall not approve any program or project to which this section applies which does not comply with the provisions of this subsection requiring access to public mass transportation facilities, equipment, and services for elderly or handicapped persons.”
vehicle sizes and weights Sec. 106. (a)

Section 127 of title 23, United States Code, is amended by striking out “eighteen thousand pounds carried on any one axle, or with a tandem-axle weight in excess of thirty-two thousand pounds, or with an overall gross weight in excess of seventy-three thousand two hundred and eighty pounds,” and inserting in lieu thereof the following: “twenty thousand pounds carried on any one axle, including all enforcement tolerances; or with a tandem axle weight in excess of thirty-four thousand pounds, including all enforcement tolerances; or with an overall gross weight on a group of two or more consecutive axles produced by application of the following formula:

W ⩵ 500 ⁢ ( L N N − 1 + 12 N + 36 )

where W⩵overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds, L⩵distance in feet between the extreme of any group of two or more consecutive axles, and N⩵number of axles in group under consideration, except that two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each providing the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six feet or more: Provided, That such overall gross weight may not exceed eighty thousand pounds, including all enforcement tolerances,”.

 (b) The first sentence of section 127 of title 23, United States Code, is amended by inserting immediately after “July 1, 1956,” the following: “except in the case of the overall gross weight of any group of two or more consecutive axles, on the date of enactment of the Federal-Aid Highway Amendments of 1974,”. The third sentence of such section is amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: “except in the case of the overall gross weight of any group of two or more consecutive axles, on the date of enactment of the Federal-Aid Highway Amendments of 1974.”.
88 Stat. 2284
enforcement Sec. 107. (a) Chapter 1 of title 23 of the United States Code is

23 USC 101.

 amended by inserting after section 140 the following new section:
Ҥ 141. Enforcement of requirements

23 USC 141.

 “Each State shall certify to the Secretary before January 1 of each year that it is enforcing all State laws respecting maximum vehicle size and weights permitted on the Federal-aid primary, the Federal-aid urban system and the Federal-aid secondary system, including the Interstate System in accordance with section 127 of this title, and

Ante, p. 2283.

Post, p. 2286.

23 USC 106.

 all speed limits on public highways in accordance with section 154 of this title. The Secretary shall not approve any project under section 106 of this title in any State which has failed to certify in accordance with this section.”.
 (b) The analysis of chapter 1 of title 23 of the United States Code is amended by striking out “141. and inserting in lieu thereof the following: “141.
alaska ferry operations Sec. 108. Paragraph (5) of subsection (g) of section 129 of title 23, United States Code, is amended to read as follows: “(5) Such ferry may be operated only within the State (including the islands which comprise the State of Hawaii) or between adjoining States. Except with respect to operations between the islands which comprise the State of Hawaii and operations between any two points in Alaska and between Alaska and Washington, including stops at appropriate points in the Dominion of Canada, no part of such ferry operation shall be in any foreign or international waters.”.
control of outdoor advertising Sec. 109. (a) The first sentence of subsection (b) of section 131 of title 23, United States Code, is amended by inserting after “main traveled way of the system,” the following: “and Federal-aid highway funds apportioned on or after January 1, 1975, or after the expiration of the next regular session of the State legislature, whichever is later, to any State which the Secretary determines has not made provision for effective control of the erection and maintenance along the Interstate System and the primary system of those additional outdoor advertising signs, displays, and devices which are more than six hundred and sixty feet off the nearest edge of the right-of-way, located outside of urban areas, visible from the main traveled way of the system, and erected with the purpose of their message being read from such main traveled way,”. (b) Subsection (c) of section 131 of title 23, United States Code, is amended to read as follows: “(c) Effective control means that such signs, displays, or devices

Effective control.

 after January 1, 1968, if located within six hundred and sixty feet of the right-of-way and, on or after July 1, 1975, or after the expiration of the next regular session of the State legislature, whichever is later, if located beyond six hundred and sixty feet of the right-of-way, located outside of urban areas, visible from the main traveled way of the system, and erected with the purpose of their message being read 88 Stat. 2285 from such main traveled way, shall, pursuant to this section, be limited to (1) directional and official signs and notices, which signs

Signs and notices.

 and notices shall include, but not be limited to, signs and notices pertaining to natural wonders, scenic and historical attractions, which are required or authorized by law, which shall conform to national standards hereby authorized to be promulgated by the Secretary hereunder, which standards shall contain provisions concerning lighting, size, number, and spacing of signs, and such other requirements as may be appropriate to implement this section, (2) signs, displays, and devices advertising the sale or lease of property upon which they are located (3) signs, displays, and devices advertising activities conducted on the property on which they are located, and (4) signs lawfully in existence on October 22, 1965, determined by the State, subject to the approval of the Secretary, to be landmark signs, including signs on farm structures or natural surfaces, of historic or artistic significance the preservation of which would be consistent with the purposes of this section.” (c) Subsection (g) of section 131 of title 23, United States Code,

Compensation.

 is amended by striking out the first sentence and inserting the following in lieu thereof: “Just compensation shall be paid upon the removal of any outdoor advertising sign, display, or device lawfully erected under State law.”
control of junkyards Sec. 110. Subsection (j) of section 136 of title 23, United States

Compensation.

 Code, is amended by striking out the first sentence and inserting in lieu thereof the following: “(j) Just compensation shall be paid the owner for the relocation, removal, or disposal of junkyards lawfully established under State law.”.
advance construction Sec. 111. (a) Subsection (a) of section 115 of title 23, United States Code, is amended by striking out “including the Interstate System,” each of the two places it appears and inserting in lieu thereof at each such place the following: “other than the Interstate System,”. (b) Section 115 of title 23, United States Code, is amended by redesignating subsection (b) as subsection (c) and by adding immediately after subsection (a) the following new subsection: “(b) When a State proceeds to construct any project on the Interstate System without the aid of Federal funds, as that System may be designated at that time, in accordance with all procedures and all requirements applicable to projects on such System, except insofar as such procedures and requirements limit a State to the construction of projects with the aid of Federal funds previously apportioned to it, the Secretary, upon application by such State and his approval of such application, is authorized to pay to such State the Federal share of the cost of construction of such project when additional funds are apportioned to such State under section 104 of this title if—

23 USC 104.

 “(1) prior to the construction of the project the Secretary approves the plans and specifications therefor in the same manner as other projects on the Interstate System, and “(2) the project conforms to the applicable standards under section 109 of this title.”.

23 USC 109.

donations Sec. 112. Section 323 of title 23, United States Code, is amended by striking out “after he has been tendered the full amount of the estimated just compensation as established by an approved appraisal 88 Stat. 2286 of the fair market value of the subject real property,” and by inserting in lieu thereof the following: “after he has been fully informed of his right to receive just compensation for the acquisition of his property,”.
special bridge replacement program Sec. 113. Subsection (e) of section 144 of title 23, United States

Appropriation.

 Code, is amended to read as follows: “(e) For the purpose of carrying out the provisions of this section, there are hereby authorized to be appropriated out of the Highway Trust Fund $100,000,000 for the fiscal year ending June 30, 1972, $150,000,000 for the fiscal year ending June 30, 1973, $25,000,000 for the fiscal year ending June 30, 1974, $75,000,000 for the fiscal year ending June 30, 1975, and $125,000,000 for the fiscal year ending June 30, 1976, to be available until expended. Such funds shall be available for obligation at the beginning of the fiscal year for which authorized in the same manner and to the same extent as if such funds were apportioned under this chapter.”.
uniform national speed limit Sec. 114. (a) Chapter 1 of title 23 of the United States Code,

23 USC 101.

 relating to highways, is amended by inserting at the end thereof a new section as follows:
Ҥ154. National maximum speed limit

23 USC 154.

 “(a) The Secretary of Transportation shall not approve any project under section 106 in any State which has (1) a maximum speed limit

23 USC 106.

 on any public highway within its jurisdiction in excess of fifty-five miles per hour, or (2) a speed limit on any other portion of a public highway within its jurisdiction which is not uniformly applicable to all types of motor vehicles using such portion of highway, if on November 1, 1973, such portion of highway had a speed limit which was uniformly applicable to all types of motor vehicles using it. A lower speed limit may be established for any vehicle operating under a special permit because of any weight or dimension of such vehicle, including any load thereon. Clause (2) of this subsection shall not apply to any portion of a highway during such time that the condition of the highway, weather, an accident, or other condition creates a temporary hazard to the safety of traffic on such portion of a highway. “(b) As used in this section the term ‘motor vehicle’ means any

“Motor vehicle.”

 vehicle driven or drawn by mechanical power manufactured primarily for use on public highways, except any vehicle operated exclusively on a rail or rails. “(c) Notwithstanding the provisions of section 120 sums apportioned

23 USC 120.

23 USC 104.

 to any State under section 104 shall be available to pay the entire cost of any modification of the signing of the Federal-aid highways for which such sums are apportioned within such State due to a reduction in speed limits to conserve fuel if such change in signing occurs or has occurred after November 1, 1973. “(d) The requirements of this section shall be deemed complied with by administrative action lawfully taken by the Governor or other appropriate State official that complies with this section.”
 (b) The analysis of such chapter 1 is amended by inserting at the end thereof the following: “154. (c) Section 2 of the Emergency Highway Energy Conservation Act

Repeal.

23 USC 101 note.

s is repealed.
88 Stat. 2287
access highways to public recreation areas on certain lakes Sec. 115. (a) Chapter 1 of title 23, United States Code, is further

23 USC 101.

 amended by adding at the end thereof the following new section:
Ҥ155. Access highways to public recreation areas on certain lakes

23 USC 155.

 “(a) The Secretary is authorized to construct or reconstruct access highways to public recreation areas on lakes in order to accommodate present and projected traffic density. The Secretary shall develop guidelines and standards for the designation of routes and the allocation of funds for the purpose of this section which shall include the following criteria: “(1) No portion of any access highway constructed or reconstructed under this section shall exceed thirty-five miles in length nor shall any portion of such highway be located more than thirty-five miles from the nearest part of such recreation area. “(2) Routes shall be designated by the Secretary on the recommendation of the State and responsible local officials, after consultation with the head of the Federal agency (if any) having jurisdiction over the public recreation area involved. “(b) The Federal share payable on account of any project authorized pursuant to this section shall not exceed 70 per centum of the cost of construction or reconstruction of such project. “(c) All of the provisions of this title applicable to highways on the Federal-aid system (other than the Interstate System) determined appropriate by the Secretary, except those provisions which the Secretary determines are inconsistent with this section, shall apply to any highway designated under this section which is not a part of the Federal-aid system when so designated. “(d) For the purpose of this section the term ‘lake’ means any lake,

“Lake.”

 reservoir, pool, or other body of water resulting from the construction of any lock, dam, or similar structure by the Corps of Engineers, Department of the Army, or the Bureau of Reclamation, Department of the Interior, or the Tennessee Valley Authority, and any multipurpose lake resulting from construction assistance of the Soil Conservation Service, Department of Agriculture. This section shall apply to lakes heretofore or hereafter constructed or authorized for construction. “(e) There is authorized to be appropriated not to exceed

Appropriation, limitation.

 $25,000,000 for the fiscal year 1976 to carry out this section. Amounts authorized by this subsection for a fiscal year shall be available for that fiscal year and for the two succeeding fiscal years.”.
 (b) The analysis of chapter 1 of title 23 of the United States Code is amended by adding at the end thereof the following: “155.
auburn bridge Sec. 116. (a) In order to provide access between the historical portion of the city of Auburn, California, Auburn District Fairgrounds, city park and parking lots, and the Auburn Dam Overlook area, for motor vehicles and for passage of pedestrians, equestrians, and cyclists under a highway relocation, the Secretary of the Interior is authorized to construct, in lieu of a drainage culvert, an intermediate size bridge across a shallow ravine. The bridge, at approximate stations 154+46 to 155+30 (84 feet), shall be part of the State Highway Number 49 relocation through the city of Auburn, California. 88 Stat. 2288 (b) Upon completion such bridge shall be transferred to the State of California for operation and maintenance as a part of the highway relocation. The cost of the bridge, less the original planned drainage culvert, shall be considered as nonreimbursable. (c) There is authorized to be appropriated to carry out this section

Appropriation.

 the sum of $250,000 (October 1974 price levels) plus or minus such amounts as may be justified by changes in price indexes applicable to the type of development involved herein.
northeast corridor demonstration-rail crossings Sec. 117. Subsection (a) of section 322 of title 23, United States Code, is amended by inserting at the end thereof the following: “The Secretary may permit selected individual public crossings of unusually low-potential hazard to remain at ground level, if they are provided with the best available protection.”
overseas highway Sec. 118. (a) The Secretary is authorized to undertake projects for the reconstruction or replacement of bridge structures of a two-lane nature on the Overseas Highway, to Key West, Florida. The Federal share payable on account of such projects shall not exceed 70 per centum of the costs of such reconstruction or replacement. (b) There are authorized to be appropriated, out of the Highway

Appropriation, limitation.

 Trust Fund, not to exceed $109,200,000, to carry out such projects. Such sums shall be available until expended except that of the funds authorized under this section only $10,000,000 for the fiscal year ending June 30, 1975, and $15,000,000 for the fiscal year ending June 30, 1976, can be obligated.
bikeway demonstration program Sec. 119. (a) For the purpose of this section the term—

23 USC 217 note.

 (1) “bikeway” means a bicycle lane or path, or support facility,

“Bikeway.”

 a bicycle traffic control device, a shelter, or a parking facility to serve bicycles and persons using bicycles; (2) “State” means any one of the fifty States, the District of

“State.”

 Columbia, or Puerto Rico. (b)(1) The Secretary is authorized to make grants to States for

Grants.

 demonstration projects for the construction of bikeways. Such bikeways shall be for commuting and for recreational purposes and shall be located in urbanized areas and such other urban areas as are designated by the State highway department under subsection 103(d) of title 23, United States Code. (2) The Federal share of any demonstration project for the construction of a bikeway shall be 80 per centum of the total cost of such project. The remaining 20 per centum of such cost shall be paid by the grantee. (3) No grant shall be made under authority of this Act unless

Limitation.

 such bikeway project is in accordance with continuing comprehensive transportation planning process carried on cooperatively by States and local communities in accordance with section 134 of title 23, United States Code. (4) The Secretary shall establish, by regulation, construction

Regulations.

 standards for bikeway projects for which grants are authorized by this Act, and shall establish, by regulation, such other requirements as may be necessary to carry out this Act. 88 Stat. 2289 (c) Grants made under this Act shall be in addition to, and not in lieu of, any sums available for bicycle projects under section 217 of title 23, United States Code. (d) There are authorized to be appropriated to the Secretary to

Appropriation.

 carry out this section $10,000,000 for the fiscal year 1976.
extension of carpools Sec. 120. (a) The last sentence of section 3(d) of the Emergency Highway Energy Conservation Act (Public Law 93–239) is amended

23 USC 101 note.

 by striking out “December 31, 1974” and inserting in lieu thereof “December 31, 1975”. (b) The Secretary of Transportation is authorized to make grants

Grants.

23 USC 101 note.

 for demonstration projects designed to encourage the use of carpools in urban areas. Such a project may include, but not be limited to, such measures as systems for locating potential riders and informing them of convenient carpool opportunities, designating existing highway lanes as preferential carpool highway lanes or shared bus and carpool lanes, providing related traffic control devices, and designating existing publicly owned facilities for use as preferential parking for carpools. There is authorized to be appropriated not to exceed $7,500,000 to carry out this subsection.

Appropriation.

safer roads program Sec. 121. The first sentence of subsection (c) of section 405 of title 23, United States Code, is amended by striking the word “and” after “crossings,” and inserting in lieu thereof the following: “the correction of high-hazard locations, and”.
off-system roads Sec. 122. (a) Chapter 2 of title 23, United States Code, is amended by adding at the end thereof the following new section:
Ҥ219. Off-system roads

23 USC 219.

 “(a) The Secretary is authorized to make grants to States for

Grants.

 projects for the construction, reconstruction, and improvement of any off-system road (including, but not limited to, the replacement of bridges, the elimination of high-hazard locations, and roadside obstacles). “(b) On or before January 1 next preceding the commencement of each fiscal year the Secretary shall apportion the sums authorized to be appropriated to carry out this section among the several States as follows: “(1) one-third in the ratio which the area of each State bears to the total area of all States; “(2) one-third in the ratio which the population of rural areas of each State bears to the total population of rural areas of all the States; and “(3) one-third in the ratio in which the off-system road mileage of each State bears to the total off-system road mileage of all the States. Off-system road mileage as used in this subsection shall be determined as of the end of the calendar year preceding the year in which the funds are apportioned and shall be certified to by the Governor of the State and subject to approval by the Secretary. “(c) Sums appropriated to a State under this section shall be made available for expenditures in the counties of such State on a fair and equitable basis. 88 Stat. 2290 “(d) Sums apportioned under this section and programs and projects under this section shall be subject to all of the provisions of chapter 1 of this title applicable to highways on the Federal-aid

23 USC 101.

 secondary system except the formula for apportionment, the requirement that these roads be on the Federal-aid system, and those other provisions determined by the Secretary to be inconsistent with this section. The Secretary is not authorized to determine as inconsistent with this section any provision relating to the obligation and availability of funds. “(e) As used in this section the term ‘off-system road’ means any

“Off-system road.”

 toll-free road (including bridges) in a rural area, which road is not on any Federal-aid system and which is under the jurisdiction of and maintained by a public authority and open to public travel.”.
 (b) The analysis of chapter 2, title 23, United States Code, is amended by adding at the end thereof the following: “219.
bridges on federal dams Sec. 123. (a) Section 320(d) of title 23 of the United States Code

Appropriation.

 (as amended) is amended by striking out “$25,261,000” and inserting in lieu thereof “$27,761,000”. (b) All sums appropriated under authority of the increased authorization established by the amendment made by subsection (a) of this section shall be available for expenditure in the same manner and for the same purpose as provided for in subsection (b) of section 116 of the Federal-Aid Highway Act of 1970 (Public Law 91–605).

23 USC 320.

note.
demonstration projects Sec. 124. The Secretary of Transportation shall carry out a demonstration project for construction of a high-density urban highway intermodal transportation connection between Franklin Avenue and Fifty-ninth Street, South, in Minneapolis, Minnesota. The Federal

Minneapolis, Minn.

 share of such project shall be 90 per centum of the cost thereof. Such highway shall be placed on a Federal-aid system before any funds are expended under this section. There is authorized to be appropriated,

Appropriation, limitation.

 out of the Highway Trust Fund, not to exceed $53,000,000 to carry out this section, except that not to exceed $10,000,000 for the fiscal year 1975, and $15,000,000 for the fiscal year 1976, shall be expended to carry out this section.
route withdrawals Sec. 125. (a) Section 103(e)(2) of title 23 of the United States Code is amended by striking out the period following “House Report Numbered 92–1443” and inserting in lieu thereof a comma and the following: “increased or decreased, as the case may be, as determined by the Secretary, based on changes in construction costs of such route or portion thereof as of the date of withdrawal of approval under this paragraph and in accordance with that design of such route or portion thereof which is the basis of such 1972 cost estimate.” (b) Section 103(e)(4) of title 23 of the United States Code is amended by striking out the period following “House Report Numbered 92–1443” and inserting in lieu thereof a comma and the following: “increased or decreased, as the case may be, as determined by the Secretary, based on changes in construction costs of such route or portion thereof as of the date of withdrawal of approval under this paragraph and in accordance with that design of such route or portion thereof which is the basis of such 1972 cost estimate.”
88 Stat. 2291
school bus driver training Sec. 126. (a) Chapter 4 of title 23, United States Code, is amended

23 USC 401.

 by adding at the end thereof the following new section:
Ҥ406. School bus driver training

23 USC 406.

 “(a) The Secretary is authorized to make grants to the States for

Grants.

 the purpose of carrying out State programs approved by him of driver education and training for persons driving school buses. “(b) A State program under this section shall be approved by the Secretary if such program— “(1) provides for the establishment and enforcement of qualifications for persons driving school buses; “(2) provides for initial education and training and for refresher courses; “(3) provides for periodic reports to the Secretary on the

Reports.

 results of such program; and “(4) includes persons driving publicly operated, and persons driving privately operated, school buses. “(b) Not less than $7,500,000 of the sums authorized to carry out section 402 of this title for fiscal year 1976 shall be obligated to carry

23 USC 402.

 out this section. Such sums shall be apportioned among the States in accordance with the formula established under subsection (c) of section 402 of this title. The Federal share payable on account of any project to carry out a program under this title shall not exceed 70 per centum of the cost of the project.”
 (b) The analysis of chapter 4, title 23, United States Code, is amended by adding at the end thereof the following: “406.
Approved January 4, 1975.
Public Law 93–644: To provide for the extension of Headstart, community action, community economic development, and other programs under the Economic Opportunity Act of 1964, to provide for increased involvement of State and local governments in anti-poverty efforts, and for other purposes. Public Law 644 Public Law 93–644 1975-01-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–644
AN ACT To provide for the extension of Headstart, community action, community economic development, and other programs under the Economic Opportunity Act of 1964, to provide for increased involvement of State and local governments in anti-poverty efforts, and for other purposes.

January 4, 1975

[H.R. 14449]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Headstart, Economic Opportunity, and Community Partnership Act of 1974.

42 USC 2701 note.

 be cited as the “Headstart, Economic Opportunity, and Community Partnership Act of 1974”.
statement of purpose Sec. 2. It is the purpose of this Act to extend programs under the Economic Opportunity Act of 1964, including Headstart, community

42 USC 2706 note.

42 USC 2701 note.

 action, and community economic development programs; and to provide for increased involvement of State and local governments in anti-poverty efforts by authorizing a community partnership program.
88 Stat. 2292
short title and definitions Sec. 3. The Economic Opportunity Act of 1964 is amended by adding after section 2 the following new sections:
“short title “Sec. 101. This title and titles II through IX of this Act may be

Community Services Act of 1974.

42 USC 2701 note.

 cited as the ‘Community Services Act of 1974’.
“definitions “Sec. 102. As used in this Act—

42 USC 2706.

 “(1) the term ‘State’ means a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands; “(2) the term ‘United States’ when used in a geographical sense includes all those places named in the previous sentence and all other places continental or insular, subject to the jurisdiction of the United States; “(3) the term ‘financial assistance’ when used in title II, part

Post, p. 2292.

42 USC 2861.

Post, p. 2324.

 B of title III, and title VIII includes assistance advanced by grant, agreement, or contract, but does not include the procurement of plant or equipment, or goods or services; “(4) the term ‘Secretary’ means the Secretary of Health, Education, and Welfare; “(5) the term ‘Administration’ means the Community Services Administration; and “(6) the term ‘Director’ means the Director of the Community Services Administration.”.
research and demonstration programs Sec. 4. Title I of the Economic Opportunity Act of 1964 is amended to read as follows: <num value="I">“TITLE I—</num><heading class="inline">RESEARCH AND DEMONSTRATIONS</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“statement of purpose</inline></heading> <num value="101"><inline class="smallCaps">“Sec.</inline> 101.</num> <content>The purpose of the title is to stimulate a better focusing of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2711">42 USC 2711.</ref></p></sidenote> all available local, State, private, and Federal resources upon the goal of enabling low-income families, and low-income individuals of all ages, including persons of limited English-speaking ability, in rural and urban areas to attain the skills, knowledge, and motivations and secure the opportunities needed for them to become fully self-sufficient.</content> </section> <page identifier="/us/stat/88/2293">88 <inline class="smallCaps">Stat.</inline> 2293</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“research, demonstration, and pilot projects</inline></heading> <num value="102"><inline class="smallCaps">“Sec.</inline> 102.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Director may provide financial assistance <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2712">42 USC 2712.</ref></p></sidenote> through grants or contracts for research, demonstration, or pilot projects conducted by public or private agencies which are designed to test or assist in the development of new approaches or methods that will aid in overcoming special problems or otherwise furthering the purposes of this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The Director shall establish an overall plan to govern the approval of research, demonstration, and pilot projects and the use of all research authority under this title. Such plan shall set forth specific objectives to be achieved and priorities among such objectives. In formulating the plan, the Director shall consult with other Federal agencies for the purpose of minimizing duplication among similar activities or projects and determining whether the findings resulting from any such projects may be incorporated into one or more programs for which those agencies are responsible.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>No project shall be commenced under this section unless a plan setting forth such proposed project has been submitted to the chief executive officer of the State in which the project is to be located and such plan has not been disapproved by him within thirty days of such submission, or, if so disapproved, has been reconsidered by the Director and found by him to be fully consistent with the provisions and in furtherance of the purposes of this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>In making grants or contracts under this title, the Director shall give due consideration to requests for funds by applicants receiving financial assistance under this title in any fiscal year shall be made available for programs or projects receiving financial assistance under section 221 or 235 of this Act.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2808">42 USC 2808.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 2296.</p></sidenote></content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“consultation</inline></heading> <num value="103"><inline class="smallCaps">“Sec.</inline> 103.</num> <content>In carrying out projects under this title, the Director <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2713">42 USC 2713.</ref></p></sidenote> shall, whenever feasible, arrange to obtain the opinions of program participants about the strengths and weaknesses of programs.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“announcement of research, demonstration, and pilot projects</inline></heading> <num value="104"><inline class="smallCaps">“Sec.</inline> 104.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau>The Director shall make a public announcement <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2714">42 USC 2714.</ref></p></sidenote> concerning—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>the title, purpose, intended completion date, identity of the grantee or contractor, and proposed cost of any grant or contract with a private or non-Federal public agency or organization for any research, demonstration, or pilot project under this title; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>the results, findings, data, or recommendations made or reported as a result of such research, demonstration, or pilot project.</content></paragraph></subsection> <page identifier="/us/stat/88/2294">88 <inline class="smallCaps">Stat.</inline> 2294</page> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The public announcements required by subsection (a) of this section shall be made within thirty days of making any such grant or contract, and the public announcements required by subsection (b) of this section shall be made within thirty days of the receipt of such results, findings, data, or recommendations.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>The Director shall take necessary action to assure that all studies, proposals, and data produced or developed with Federal funds employed under this title shall become the property of the United States.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>The Director shall publish studies of the results of activities <sidenote><p class="indent0 firstIndent1 fontsize8">Studies, submittal to congressional committees.</p></sidenote> carried out pursuant to this title not later than ninety days after the completion thereof. The Director shall submit to the appropriate committees of the Congress copies of all such studies.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“prohibition of federal control</inline></heading> <num value="105"><inline class="smallCaps">“Sec.</inline> 105.</num> <content>Nothing contained in this title shall be construed to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2715">42 USC 2715.</ref></p></sidenote> authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution or school system.”</content> </section>
community action programs Sec. 5. (a) Section 210 of the Economic Opportunity Act of 1964 is

42 USC 2790.

 amended— (1) in subsection (a) thereof, by inserting “or an Indian tribal government,” before the word “which” the second place it appears therein; and (2) by repealing subsection (f) thereof. (b) Section 210 of such Act is further amended by adding at the end thereof the following new subsection “(f) In carrying out his responsibilities under this part the Director

Delegation of functions.

 may delegate functions other than policymaking functions and the final approval of grants and contracts to a State, in accordance with criteria and guidelines established by him, such functions as he deems appropriate, except that no such delegation shall take place unless all the community action agencies within such State formally indicate their approval

42 USC 2824.

 of such proposed delegation, except that whenever such delegated functions include the authority to approve programs within such State the Director shall make available to the State, in addition to an amount not less than the amount made available to such State for State agency assistance under section 231 in the previous fiscal year, an amount in each fiscal year equal to such State’s share (as determined by the formula set forth in the second sentence of section 235(a)) of the aggregate amount made available during the fiscal year ending June 30, 1974, for the operation of regional offices of the Office of Economic Opportunity.”.

Post, p. 2296.

 (c)(1) Paragraph (1) of section 222(a) of such Act is repealed.

Repeals.

 (2) Paragraph (2) of section 222(a) of such Act is repealed.

42 USC 2809.

 (3) Paragraph (6) of section 222(a) of such Act is repealed. (4) Paragraph (8) of section 222(a) of such Act is repealed. (5) Paragraph (9) of section 222(a) of such Act is repealed. (d)(1) Section 222(a) of the Economic Opportunity Act of 1964 is amended by inserting after paragraph (11) the following: “(12) a program to be known as ‘Emergency Energy Conservation

Emergency Energy Conservation Services.

 Services’ designed to enable low-income individuals and families, 88 Stat. 2295 including the elderly and the near poor, to participate in energy conservation programs designed to lessen the impact of the high cost of energy on such individuals and families and to reduce individual and family energy consumption. The Director is authorized to provide financial and other assistance for programs and activities, including, but not limited to, an energy conservation and education program; winterization of old or substandard dwellings, improved space conditioning, and insulation; emergency loans, grants, and revolving funds to install energy conservation technologies and to deal with increased housing expenses relating to the energy crisis; alternative fuel supplies, special fuel voucher or stamp programs; alternative transportation activities designed to save fuel and assure continued access to training, education, and employment; appropriate outreach efforts; furnishing personnel to act as coordinators, providing legal or technical assistance, or otherwise representing the interests of the poor in efforts relating to the energy crisis; nutrition, health, and other supportive services in emergency cases; and evaluation of programs and activities under this paragraph. Such assistance may be provided as a supplement to any other assistance extended under the provisions of this Act or under other provisions of Federal law. The Director, after consultation with the Administrator of the Federal Energy Office and appropriate Federal departments and agencies shall establish procedures and take other appropriate action necessary to insure that the effects of the energy crisis on low-income persons, the elderly, and the near poor are taken into account in the formulation and administration of programs relating to the energy crisis. “(13) A program to be known as ‘Summer Youth Recreation’

Summer Youth Recreation.

 designed to provide recreational opportunities for low-income children during the summer months. Funds made available for this section shall be allocated by the Director, after consultation with the Secretary of Labor, among prime sponsors and other agencies designated under title I of the Comprehensive Employment and Training Act of 1973

29 USC 811.

 on the basis of (1) the relative number of public assistance recipients in the area served by such prime sponsor or agency, as compared to the Nation; (2) the relative number of unemployed persons in such area as compared with the Nation; and (3) the relative number of related children living with families with incomes below the poverty line in such area, as compared to the Nation. That part of any allotment which the Director determines will not be needed may be real-lotted, at such dates during the fiscal year as the Director may fix, to the extent feasible, in proportion to the original allotments. In making allocations under this section, the Director shall insure, to the maximum extent possible, that for the program commencing in the fiscal year ending June 30, 1975, and for the program in each succeeding fiscal year no prime sponsor or other designated agency shall receive an amount less than the amount received for such programs during the fiscal year ending June 30, 1973, or the fiscal year ending June 30, 1974, whichever is higher. (2) Section 226(d) and section 228(c) are each amended by striking

42 USC 2813, 2815.

 out “shall make whatever arrangements are necessary” and inserting in lieu thereof “is authorized to make whatever arrangements are necessary”. (e)(1) Section 225(a) of the Economic Opportunity Act of 1964

42 USC 2812.

 is amended by striking out the third sentence thereof and inserting in lieu thereof the following: “The remainder shall be allotted among the States, in accordance with the latest available data, so that equal 88 Stat. 2296 proportions are distributed on the basis of (1) the relative number of public assistance recipients in each State as compared to all States, (2) the relative number of unemployed persons in each State as compared to all States, and (3) the relative number of related children living with families with incomes below the poverty line in each State as compared to all States. For purposes of this subsection, the Director shall utilize the criteria of poverty used by the Bureau of the Census in compiling the 1970 decennial census. The Director shall insure that for the fiscal year ending June 30, 1975, and for each succeeding fiscal year, no State shall be allotted for programs under section 221 and

42 USC 2808.

Ante, p. 2294.

 section 222(a) an amount which is less than the amount received for use within such State for programs described in such sections during the fiscal year ending June 30, 1974.”. (2) Section 225(c) of such Act is amended by striking out “shall

42 USC 2812.

 not exceed 90 per centum of the approved cost of the assisted programs or activities and thereafter shall not exceed 80 per centum of such costs” and inserting in lieu thereof the following: “shall not exceed 80 per centum of the approved cost of the assisted programs or activities with respect to fiscal year 1975, and 70 per centum of such costs with respect to fiscal year 1976, and shall not exceed 60 per centum of such costs with respect to fiscal year 1977, except that in the case of community action agencies receiving such financial assistance annually of $300,000 or less, such financial assistance shall not exceed 75 per centum of such costs with respect to fiscal year 1976, and shall not exceed 70 per centum of such costs with respect to fiscal year 1977”. (f) The Economic Opportunity Act of 1964 is further amended by inserting after section 234 thereof the following new sections:
“demonstration community partnership agreements “Sec. 235. (a) The Director may provide financial assistance from

42 USC 2828.

 funds appropriated to carry out this section to community action agencies or public or private nonprofit agencies designated

42 USC 2790.

 under section 210 for programs authorized under this title, and to State economic opportunity offices for programs and activities authorized under section 231(a). Financial assistance extended to a community action agency or other agency pursuant to this section may be used for new programs or to supplement existing programs and shall not exceed 50 per centum of the cost of such new or supplemental programs.

42 USC 2824.

 “(b) Matching local and State funds supplied under this section shall be in cash and shall represent State and local initiatives newly obligated within the previous year to the purposes of the grant-supported activity; and no program shall be approved for assistance under this section unless the Director satisfies himself (1) that the activities to be carried out under such program will be in addition to, and not in substitution for, activities previously carried on without Federal assistance, (2) that funds or other resources devoted to programs designed to meet the needs of the poor within the community, area, or State will not be diminished in order to provide the contributions required under this section. The requirement imposed by the preceding sentence shall be subject to such regulations as the Secretary may adopt and promulgate establishing objective criteria for determinations covering situations where a strict application of that requirement would result in unnecessary hardship or otherwise be inconsistent with the purposes sought to be achieved. 88 Stat. 2297 “(c) The provisions of section 242 of this Act shall not apply to

42 USC 2834.

 assistance provided under this section.
“intergovernmental advisory council on community services “Sec. 236. (a) There shall be established within the Office of Economic

Establishment.

42 USC 2829.

 Opportunity or successor authority an Intergovernmental Advisory Council on Community Services (referred to in this section as the ‘Council’). “(b) The Council shall be composed of nine members who shall be

Membership.

 appointed by the President as follows: “(i) Three members shall be appointed from among representatives of States and county and municipal governments or organizations which represent such governmental units, selected on an equitable political and geographic basis after considering recommendations made by the National Governors’ Conference, the National League of Cities-United States Conference of Mayors, the National Association of Counties and similar organizations representative of State and local government. “(ii) Three members shall be appointed from among representatives of community action agencies and other grantees under this Act or organizations which represent such agencies and grantees, selected on an equitable political and geographic basis after considering recommendations previously made by the Director of the Office of Economic Opportunity. “(iii) Three members shall be appointed from among representatives of labor, management, and other sectors which have demonstrated active interest in community action and antipoverty programs. “(c) The Council shall— “(1) encourage the formation of community partnership agreements; “(2) review the substance of such agreements and any regulations, guidelines, or other program criteria with respect thereto and advise the Director thereon prior to final approval thereof; “(3) evaluate the effectiveness of such agreements in meeting the purposes of this Act; “(4) conduct a continuing survey throughout the Nation on the extent to which, and terms under which, public and private resources have been and may be available for antipoverty efforts; “(5) identify and encourage means of increasing resources available for such activities; and “(6) submit annual reports to the President and to the Congress

Reports to President and Congress.

 on or before March 1, 1976, and March 1, 1977, with respect to its activities and findings, together with such recommendations for legislation as it may deem appropriate. “(d) The Director shall provide the Council with such information as shall be necessary for the Council to discharge its functions under this section and shall furnish the Council with copies of all grant applications within ten days of receipt thereof.
“funds available “Sec. 237. There is also authorized to be appropriated not to exceed

42 USC 2830.

Ante, p. 2296.

 $50,000,000 to carry out section 235 during the fiscal year 1975, and such sums as may be necessary during each of the two succeeding fiscal years, except that in no event may more than 12½ per centum of such additional amounts be used in any one State.”
88 Stat. 2298
assistance for migrant and other seasonally employed farmworkers and their families Sec. 6. (a) Section 312(b)(3) of the Economic Opportunity Act of 1964 is amended by striking out “and training” and inserting in lieu

42 USC 2862.

 thereof “and developmental programs”. (b) The Economic Opportunity Act of 1964 is further amended by inserting after section 314 thereof the following new section:
“special responsibilities “Sec. 315. The Director shall be responsible for coordinating programs

42 USC 2865.

 under this part with other Federal programs designed to assist or serve migrant and seasonal farmworkers, and for reviewing and monitoring such programs.”
(c) In providing financial assistance under the provisions of part

42 USC 2865 note.

42 USC 2861.

 B of title III of the Economic Opportunity Act of 1964, the Director shall give special consideration to any public or private nonprofit agency which has previously received financial assistance thereunder for the provision of services for migrant and other seasonally employed farmworkers and their families, taking into account financial assistance provided to any such agency under section 303 of the Comprehensive Employment and Training Act of 1973.

29 USC 873.
comprehensive health services Sec. 7. Title IV of the Economic Opportunity Act of 1964 is amended to read as follows: <num value="IV">“TITLE IV—</num><heading class="inline">COMPREHENSIVE HEALTH SERVICES</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“comprehensive health services</inline></heading> <num value="401"><inline class="smallCaps">“Sec.</inline> 401.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Secretary shall establish within the Department <sidenote><p class="indent0 firstIndent1 fontsize8">Establishment.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2901">42 USC 2901.</ref></p></sidenote> of Health, Education, and Welfare a ‘Comprehensive Health Services’ program which shall include—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <chapeau>programs to aid in developing and carrying out comprehensive health services projects focused upon the needs of urban and rural areas having high concentrations or proportions of poverty and marked inadequacy of health services for the poor. These projects shall be designed—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>to make possible, with maximum feasible use of existing agencies and resources, the provision of comprehensive health services, such as preventive medical, diagnostic, treatment, rehabilitation, family planning, narcotic addiction and alcoholism prevention and rehabilitation, mental health, dental, and followup services, together with necessary related facilities and services, except in rural areas where the lack of even elemental health services and personnel may require simpler, less comprehensive services to be established first; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>to assure that these services are made readily accessible to low-income residents of such areas, are furnished in a manner most responsive to their needs and with their participation and wherever possible are combined with, or included within, arrangements for providing employment, education, social, or other assistance needed by the families and individuals served except that pursuant to such regula-<page identifier="/us/stat/88/2299">88 <inline class="smallCaps">Stat.</inline> 2299</page>tions as the Secretary of Health, Education, and Welfare may prescribe, persons provided assistance through programs assisted under this paragraph who are not members of low-income families may be required to make payment, or have payment made in their behalf, in whole or in part for such assistance; and</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>programs to provide financial assistance to public or private agencies to projects designed to develop knowledge or enhance skills in the field of health services for the poor. Such projects shall encourage both prospective and practicing health professionals to direct their talents and energies toward providing health services for the poor.</content></paragraph> <continuation class="indent0 fontsize10">Funds for financial assistance under paragraph (1) of this subsection shall be allotted according to need, and capacity of applicants to make rapid and effective use of that assistance, and may be used as necessary, to pay the full costs of projects. Before approving any project, the Secretary shall solicit and consider the comments and recommendations of the local medical associations in the area and shall consult with appropriate Federal, State, and local health agencies and take such steps as may be required to assure that the program will be carried on under competent professional supervision and that existing agencies providing related services are furnished all assistance needed to permit them to plan for participation in the program and for the necessary continuation of those related services. In carrying out the provisions of paragraph 2 of this subsection, the Secretary is authorized to provide or arrange for training and study in the field of health services for the poor.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>Pursuant to regulations prescribed by him, the Secretary may arrange for the payment of stipends and allowances (including travel and subsistence expenses) for persons undergoing such training and study and for their dependents.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>The Secretary shall achieve effective coordination of programs and projects authorized under this section with other related activities.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“drug rehabilitation and alcoholic counseling programs</inline></heading> <num value="402"><inline class="smallCaps">“Sec.</inline> 402.</num> <chapeau>In addition to the authority conferred under section 401 of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2902">42 USC 2902.</ref></p></sidenote> this title the Secretary is authorized, as part of the Comprehensive Health Services program, to carry out the following programs:</chapeau> <paragraph class="indent0 fontsize10"><num value="1">“(1)</num> <content>An ‘Alcoholic Counseling and Recovery’ program designed to discover and treat the disease of alcoholism. Such program should be community based, serve the objective of the maintenance of the family structure as well as the recovery of the individual alcoholic, encourage the use of neighborhood facilities and the services of recovered alcoholics as counselors, and emphasize the reentry of the alcoholic into society rather than the institutionalization of the alcoholic.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>A ‘Drug Rehabilitation’ program designed to discover the causes of drug abuse and addiction, to treat narcotic and drug addiction and the dependence associated with drug abuse, and to rehabilitate the drug abuser and drug addict. Such program should deal with the abuse or addiction resulting from the use of narcotic drugs such as heroin, opium, and cocaine, stimulants such as amphetamines, depressants, marihuana, hallucinogens, and tranquilizers. Such program should be community based, serve the objective of the maintenance of the family structure as well as the recovery of the individual drug abuser or addict, encourage the use of neighborhood facilities and the services of recovered drug abusers and addicts as counselors, and emphasize the reentry of the drug abuser and addict into society rather <page identifier="/us/stat/88/2300">88 <inline class="smallCaps">Stat.</inline> 2300</page> than his institutionalization. The Director is authorized to undertake special programs aimed at promoting employment opportunities for rehabilitated addicts or addicts enrolled and participating in methadone maintenance treatment or therapeutic programs, and assisting employers in dealing with addiction and drug abuse and dependency problems among formerly hardcore unemployed so that they can be maintained in employment. In undertaking such programs, the Director shall give special priority to veterans and employers of significant numbers of veterans, with priority to those areas within the States having the highest percentages of addicts. The Director is further authorized to establish procedures and policies which will allow clients to complete a full course of rehabilitation even though they become non-low-income by virtue of becoming employed as a part of the rehabilitation process but there shall be no change in income eligibility criteria for initial admission to treatment and rehabilitation programs under this Act.”</content></paragraph> </section>
headstart and follow through Sec. 8. (a) Title V of the Economic Opportunity Act of 1964 is amended by striking out the heading thereof and all of such title preceding part B thereof (which is hereby redesignated as part D) and inserting in lieu thereof the following: <num value="V">“TITLE V—</num><heading class="inline">HEADSTART AND FOLLOW THROUGH<sidenote><p class="indent0 firstIndent1 fontsize8">Headstart Follow Through Act.</p></sidenote></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“short title</inline></heading> <num value="501"><inline class="smallCaps">“Sec.</inline> 501.</num> <content>This title may be cited as the ‘<shortTitle role="title">Headstart-Follow <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2921">42 USC 2921.</ref></p></sidenote> Through Act</shortTitle>’ (hereinafter in this title referred to as the ‘Act’).</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“statement of purpose</inline></heading> <num value="502"><inline class="smallCaps">“Sec.</inline> 502.</num> <content>In recognition of the role which Project Headstart has <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2922">42 USC 2922.</ref></p></sidenote> played in the effective delivery of comprehensive health, educational, nutritional, social, and other services to economically disadvantaged children and their families, the Act extends the authority for appropriation of funds for that program.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“policy with respect to indian and migrant children</inline></heading> <num value="503"><inline class="smallCaps">“Sec.</inline> 503.</num> <content>In carrying out the purposes of part A the Secretary shall <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2923">42 USC 2923.</ref></p></sidenote> continue the administrative arrangement responsible for meeting the needs of migrant and Indian children and shall assure that appropriate funding is provided to meet such needs.</content> </section> <part> <num value="A"><inline class="smallCaps">“Part A</inline>—</num><heading><inline class="smallCaps">Headstart Programs</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“financial assistance for headstart programs</inline></heading> <num value="511"><inline class="smallCaps">“Sec.</inline> 511.</num> <content>The Secretary may, upon application by an agency which <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2928">42 USC 2928.</ref></p></sidenote> is eligible for designation as a Headstart agency pursuant to section 514, provide financial assistance to such agency for the planning, conduct, administration, and evaluation of a Headstart program focused primarily upon children from low-income families who have not reached the age of compulsory school attendance which (1) will provide such comprehensive health, nutritional, educational, social, and other services as will aid the children to attain their full potential, and (2) will provide for direct participation of the parents of such children in the development, conduct, and overall program direction at the local level.</content> </section> <page identifier="/us/stat/88/2301">88 <inline class="smallCaps">Stat.</inline> 2301</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“authorization of appropriations</inline></heading> <num value="512"><inline class="smallCaps">“Sec.</inline> 512.</num> <content>There are authorized to be appropriated for carrying out <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2928a">42 USC 2928a.</ref></p></sidenote> the purposes of this part such sums as may be necessary for fiscal years 1975 through 1977.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“allotment of funds; limitations on assistance</inline></heading> <num value="513"><inline class="smallCaps">“Sec.</inline> 513.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Of the sums appropriated pursuant to section 512 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2928b">42 USC 2928b.</ref></p></sidenote> for any fiscal year beginning after June 30, 1975, the Secretary shall allot not more than 2 per centum among Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Virgin Islands, according to their respective needs. In addition, the Secretary shall reserve not more than 20 per centum of the sums so appropriated for use in accordance with such criteria and procedures as he may prescribe. The remainder shall be allotted among the States, in accordance with the latest satisfactory available data, so that equal proportions are distributed on the basis of (1) the relative number of public assistance recipients in each State as compared to all States, and (2) the relative number of related children living with families with incomes below the poverty line in each State as compared to all States; but there shall be made available, for use by Headstart programs within each State, no less funds for any fiscal year than were obligated for use by Headstart programs within such State with respect to fiscal year 1975. Allocation of such increases within each State shall, to the extent feasible, be made in such manner as to reflect the proportionate increases in program costs incurred by grantees, in accordance with regulations which the Secretary shall prescribe for this purpose. For the purpose of this subsection, the Secretary shall utilize the criteria of poverty used by the Bureau of the Census in compiling the 1970 decennial census.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Financial assistance extended under this part for a Headstart program shall not exceed 80 per centum of the approved costs of the assisted program or activities, except that the Secretary may approve assistance in excess of such percentage if he determines, in accordance with regulations establishing objective criteria, that such action is required in furtherance of the purposes of this part. Non-Federal contributions may be in cash or in kind, fairly evaluated, including but not limited to plant, equipment, or services. The Secretary shall not require non-Federal contributions in excess of 20 per centum of the approved costs of programs or activities assisted under this part.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>No programs shall be approved for assistance under this part unless the Secretary is satisfied that the services to be provided under such program will be in addition to, and not in substitution for, comparable services previously provided without Federal assistance. The requirement imposed by the preceding sentence shall be subject to such regulations as the Secretary may prescribe.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>The Secretary shall establish policies and procedures designed <sidenote><p class="indent0 firstIndent1 fontsize8">Handicapped children.</p></sidenote> to assure that for fiscal year 1975 not less than 10 per centum of the total number of enrollment opportunities in Headstart programs in the Nation shall be available for handicapped children and that for fiscal year 1976 and thereafter no less than 10 per centum of the total number of enrollment opportunities in Headstart programs in each State shall be available for handicapped children (as defined in paragraph (1) of section 602 of the Education of the Handicapped Act) <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s1401">20 USC 1401.</ref></p> <p class="indent0 firstIndent1 fontsize8">Report to Congress.</p></sidenote> and that services shall be provided to meet their special needs. The Secretary shall report to the Congress at least annually on the status of handicapped children in Headstart programs, including the number of children being served, their handicapping conditions, and the services being provided such children.</content></subsection> <page identifier="/us/stat/88/2302">88 <inline class="smallCaps">Stat.</inline> 2302</page> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <content>The Secretary shall adopt appropriate administrative measures to assure that the benefits of this part will be distributed equitably between residents of rural and urban areas.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“designation of headstart agencies</inline></heading> <num value="514"><inline class="smallCaps">“Sec.</inline> 514.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary is authorized to designate as a Headstart <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2928c">42 USC 2928c.</ref></p></sidenote> agency any local public or private nonprofit agency which (1) has the power and authority to carry out the purposes of this part and perform the functions set forth in section 515 within a community, and (2) is determined by the Secretary to be capable of planning, conducting, administering, and evaluating, either directly or by other arrangements, a Headstart program.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>For the purposes of this title, a community may be a city, county, multicity, or multicounty unit within a State, an Indian reservation, or a neighborhood or other area (irrespective of boundaries or political subdivisions) which provides a suitable organization base and possesses the commonality of interest needed to operate a Headstart program.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>In the administration of the provisions of this section, the <sidenote><p class="indent0 firstIndent1 fontsize8">Priority.</p></sidenote> Secretary shall give priority in the designation of Headstart agencies to any local public or private nonprofit agency which is receiving funds under any Headstart program on the date of the enactment of this Act, except that the Secretary shall, before giving such priority, determine that the agency involved meets program and fiscal requirements established by the Secretary.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“powers and functions of headstart agencies</inline></heading> <num value="515"><inline class="smallCaps">“Sec.</inline> 515.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">In order to be designated as a Headstart agency <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2928d">42 USC 2928d.</ref></p></sidenote> under this part, an agency must have authority under its charter or applicable law to receive and administer funds under this part, funds and contributions from private or local public sources which may be used in support of a Headstart program, and funds under any Federal or State assistance program pursuant to which a public or private nonprofit agency (as the case may be) organized in accordance with this part, could act as grantee, contractor, or sponsor of projects appropriate for inclusion in a Headstart program. Such an agency must also be empowered to transfer funds so received, and to delegate powers to other agencies, subject to the powers of its governing board and its overall program responsibilities. This power to transfer funds and delegate powers must include the power to make transfers and delegations covering component projects in all cases where this will contribute to efficiency and effectiveness or otherwise further program objectives.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>In order to be so designated, a Headstart agency must also (1) establish effective procedures by which parents and area residents concerned will be enabled to influence the character of programs affecting their interests, (2) provide for their regular participation in the implementation of such programs, and (3) provide technical and other support needed to enable parents and area residents to secure on their own behalf available assistance from public and private sources.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“submission of plans to governors</inline></heading> <num value="516"><inline class="smallCaps">“Sec.</inline> 516.</num> <content>In carrying out the provisions of this part, no contract, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2928e">42 USC 2928e.</ref></p></sidenote> agreement, grant, or other assistance shall be made for the purpose of carrying out a Headstart program within a State unless a plan <page identifier="/us/stat/88/2303">88 <inline class="smallCaps">Stat.</inline> 2303</page> setting forth such proposed contract, agreement, grant, or other assistance has been submitted to the Governor of the State, and such plan has not been disapproved by the Governor within thirty days of such submission, or, if so disapproved, has been reconsidered by the Secretary and found by him to be fully consistent with the provisions and in furtherance of the purposes of this part. Funds to cover the costs of the proposed contract, agreement, grant, or other assistance shall be obligated from the appropriation which is current at the time the plan is submitted to the Governor. This section shall not, however, apply to contracts, agreements, grants, loans, or other assistance to any institution of higher education in existence on the date of enactment of this Act.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“administrative requirements and standards</inline></heading> <num value="517"><inline class="smallCaps">“Sec.</inline> 517.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Each Headstart agency shall observe standards of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2928f">42 USC 2928f.</ref></p></sidenote> organization, management, and administration which will assure, so far as reasonably possible, that all program activities are conducted in a manner consistent with the purposes of this part and the objective of providing assistance effectively, efficiently, and free of any taint of partisan political bias or personal or family favoritism. Each such agency shall establish or adopt rules to carry out this section, which shall include rules to assure full staff accountability in matters governed by law, regulations, or agency policy. Each agency shall <sidenote><p class="indent0 firstIndent1 fontsize8">Public access to information.</p></sidenote> also provide for reasonable public access to information, including but not limited to public hearings at the request of appropriate community groups and reasonable public access to books and records of the agency or other agencies engaged in program activities or operations involving the use of authority or funds for which it is responsible. Each such agency shall adopt for itself and other agencies using funds or exercising authority for which it is responsible, rules designed to establish specific standards governing salaries, salary increases, travel and per diem allowances, and other employee benefits; to assure that only persons capable of discharging their duties with competence and integrity are employed and that employees are promoted or advanced under impartial procedures calculated to improve agency performance and effectiveness; to guard against personal or financial conflicts of interests; and to define employee duties in an appropriate manner which will in any case preclude employees from participating, in connection with the performance of their duties, in any form of picketing, protest, or other direct action which is in violation of law.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>No financial assistance shall be extended under the Act in any case in which the Secretary determines that the costs of developing and administering a program assisted under the Act exceed 15 per centum of the total costs, including non-Federal contributions to such costs, of such program. The Secretary shall establish by regulation, criteria for determining (i) the costs of developing and administering such program and (ii) the total costs of such program. In any case in which the Secretary determines that the cost of administering such program does not exceed 15 per centum and such total costs but is, in his judgment, excessive, he shall forthwith require the recipient of such financial assistance to take such steps prescribed by him as will eliminate such excessive administrative cost, including the sharing by one or more Headstart agencies of a common director and other administrative personnel. The Secretary may waive the limitation prescribed by this paragraph for specific periods of time not to exceed six months <page identifier="/us/stat/88/2304">88 <inline class="smallCaps">Stat.</inline> 2304</page> whenever he determines that such a waiver is necessary in order to carry out the purposes of the Act.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>The Secretary shall prescribe rules or regulations to supplement <sidenote><p class="indent0 firstIndent1 fontsize8">Rules and regulations.</p></sidenote> subsection (a) of this section, which shall be binding on all agencies carrying on Headstart program activities with financial assistance under this part. He may, where appropriate, establish special or simplified requirements for smaller agencies or agencies operating in rural areas. Policies and procedures shall be established to insure that indirect costs attributable to the common or joint use of facilities and services by programs assisted under this part and other programs shall be fairly allocated among the various programs which utilize such facilities and services.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>At least thirty days prior to their effective date, all rules, <sidenote><p class="indent0 firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> regulations, guidelines, instructions, and application forms shall be published in the Federal Register and shall be sent to each grantee with the notification that each such grantee has the right to submit comments pertaining thereto to the Secretary prior to the final adoption thereof.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“participation in headstart programs</inline></heading> <num value="518"><inline class="smallCaps">“Sec.</inline> 518.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary shall by regulation prescribe eligibility <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2928g">42 USC 2928g.</ref></p></sidenote> for the participation of persons in Headstart programs assisted under this part. Such criteria may provide (1) that children from low-income families shall be eligible for participation in programs assisted under this part if their families are below the poverty line, or if their families are eligible or in the absence of child care would potentially be eligible for public assistance; and (2) pursuant to such regulations as the Secretary shall prescribe that programs assisted under this part may include, to a reasonable extent, participation of children in the area served who would benefit from such programs but whose families do not meet the low-income criteria prescribed pursuant to clause (1).</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The Secretary shall not prescribe any fee schedule or otherwise provide for the charging of any fees for participation in Headstart programs, unless such fees are authorized by legislation hereafter enacted. Nothing in this subsection shall be construed to prevent the families of children who participate in Headstart programs and who are willing and able to pay the full cost of such participation from doing so.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“appeals, notice, and hearing</inline></heading> <num value="519"><inline class="smallCaps">“Sec.</inline> 519.</num> <chapeau>The Secretary shall prescribe procedures to assure that—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2928h">42 USC 2928h.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>special notice of and an opportunity for a timely and expeditious appeal to the Secretary will be provided for an agency or organization which desires to serve as a delegate agency under this part and whose application to the Headstart agency has been wholly or substantially rejected or has not been acted upon within a period of time deemed reasonable by the Secretary, in accordance with regulations which he shall prescribe;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>financial assistance under this part shall not be suspended, except in emergency situations, unless the recipient agency has been given reasonable notice and opportunity to show cause why such action should not be taken; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>financial assistance under this part shall not be terminated, an application for refunding shall not be denied, and a suspension of financial assistance shall not be continued for longer than thirty days, unless the recipient has been afforded reasonable notice and opportunity for a full and fair hearing.</content></paragraph></section> <page identifier="/us/stat/88/2305">88 <inline class="smallCaps">Stat.</inline> 2305</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“records and audits</inline></heading> <num value="520"><inline class="smallCaps">“Sec.</inline> 520.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Each recipient of financial assistance under this part <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2928i">42 USC 2928i.</ref></p></sidenote> shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such financial assistance, the total cost of the project or undertaking in connection with which such financial assistance is given or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients that are pertinent to the financial assistance received under this part.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“technical assistance and training</inline></heading> <num value="521"><inline class="smallCaps">“Sec.</inline> 521.</num> <content>The Secretary may provide, directly or through grants or <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2928j">42 USC 2928j.</ref></p></sidenote> other arrangements, (1) technical assistance to communities in developing, conducting, and administering programs under this part, and (2) training for specialized or other personnel needed in connection with Headstart programs.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“research, demonstration, and pilot projects</inline></heading> <num value="522"><inline class="smallCaps">“Sec.</inline> 522.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary may provide financial assistance <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2928k">42 USC 2928k.</ref></p></sidenote> through grants or contracts for research, demonstration, or pilot projects conducted by public or private agencies which are designed to test or assist in the development of new approaches or methods that will aid in overcoming special problems or otherwise in furthering the purposes of this part.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The Secretary shall establish an overall plan to govern the approval of research, demonstration, or pilot projects and the use of all research authority under this part. Such plan shall set forth specific objectives to be achieved and priorities among such objectives.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“announcement of research, demonstration, and pilot projects contracts</inline></heading> <num value="523"><inline class="smallCaps">“Sec.</inline> 523.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Secretary shall make a public announcement <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2928l">42 USC 2928<i>l</i>.</ref></p></sidenote> concerning—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>the title, purpose, intended completion date, identity of the grantee or contractor, and proposed cost of any grant or contract with a private or non-Federal public agency or organization for any research, demonstration, or pilot project under this title; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>the results, findings, data, or recommendations made or reported as a result of such activities.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The public announcements required by subsection (a) of this section shall be made within thirty days of making such grants or contracts, and the public announcements required by subsection (b) of this section shall be made within thirty days of the receipt of such results.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>The Director shall take necessary action to assure that all studies, proposals, and data produced or developed with Federal funds employed under this title shall become the property of the United States.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>The Director shall publish studies of the results of activities carried out pursuant to this title not later than ninety days after the <page identifier="/us/stat/88/2306">88 <inline class="smallCaps">Stat.</inline> 2306</page> completion thereof. The Director shall submit to the appropriate <sidenote><p class="indent0 firstIndent1 fontsize8">Studies, submittal to congressional committees.</p></sidenote> committees of the Congress copies of all such studies.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“evaluation</inline></heading> <num value="524"><inline class="smallCaps">“Sec.</inline> 524.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary shall provide, directly or through <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2928m">42 USC 2928m.</ref></p></sidenote> grants or contracts, for the continuing evaluation of programs under this part, including evaluations that measure and evaluate the impact of programs authorized by this part, in order to determine their effectiveness in achieving stated goals, their impact on related programs, and their structure and mechanisms for delivery of services, including, where appropriate, comparisons with appropriate control groups composed of persons who have not participated in such programs. Evaluations shall be conducted by persons not directly involved in the administration of the program or project evaluation.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Prior to obligating funds for the programs and projects covered by this part with respect to fiscal year 1976, the Secretary shall develop and publish general standards for evaluation of program and project effectiveness in achieving the objectives of this part. The extent to which such standards have been met shall be considered in deciding whether to renew or supplement financial assistance authorized under this part.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>In carrying out evaluations under this part, the Secretary may require Headstart agencies to provide for independent evaluations.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>In carrying out evaluations under this part, the Secretary shall, whenever feasible, arrange to obtain the specific views of persons participating in and served by programs and projects assisted under this part about such programs and projects.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <content>The Secretary shall publish the results of evaluative research <sidenote><p class="indent0 firstIndent1 fontsize8">Studies and summaries, submittal to congressional committees.</p></sidenote> and summaries of evaluations of program and project impact and effectiveness not later than ninety days after the completion thereof. The Secretary shall submit to the appropriate committees of the Congress copies of all such research studies and evaluation summaries.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <content>The Secretary shall take the necessary action to assure that all studies, evaluations, proposals, and data produced or developed with assistance under this part shall become the property of the United States.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“poverty line</inline></heading> <num value="525"><inline class="smallCaps">“Sec.</inline> 525.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary shall revise annually (or at any shorter <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2928n">42 USC 2928n.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 2316.</p></sidenote> interval he deems feasible and desirable) a poverty line which, except as provided in section 711, shall be used as a criterion of eligibility for participation in Headstart programs.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The revision required by subsection (a) of this section shall be accomplished by multiplying the official poverty line (as defined by the Office of Management and Budget) by the percentage change in the Consumer Price Index during the annual or other interval immediately preceding the time at which the revision is made.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>Revisions required by subsection (a) of this section shall be made and issued not more than thirty days after the date on which the necessary Consumer Price Index data becomes available.</content></subsection> </section> </part> <part><num value="B"><inline class="smallCaps">“Part B</inline>—</num><heading><inline class="smallCaps">Follow Through Programs</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“financial assistance for follow through programs</inline></heading> <num value="551"><inline class="smallCaps">“Sec.</inline> 551.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Secretary is authorized to provide financial <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2929">42 USC 2929.</ref></p></sidenote> assistance in the form of grants to local educational agencies, combinations of such agencies, and, as provided in paragraph (2) of this <page identifier="/us/stat/88/2307">88 <inline class="smallCaps">Stat.</inline> 2307</page> subsection, any other public or appropriate nonprofit private agencies, organizations, and institutions for the purpose of carrying out Follow Through programs focused primarily on children from low-income families in kindergarten and primary grades, including such children enrolled in private nonprofit elementary schools, who were previously enrolled in Headstart or similar programs.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>Whenever the Secretary determines (A) that a local educational agency receiving assistance under paragraph (1) is unable or unwilling to include in a Follow Through program children enrolled in nonprofit private schools who would otherwise be eligible to participate therein, or (B) that it is otherwise necessary in order to accomplish the purposes of this section, he may provide financial assistance for the purpose of carrying out a Follow Through program to any other public or appropriate nonprofit private agency, organization, or institution.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>Programs to be assisted under this section shall provide such comprehensive services as the Secretary determines will aid in the continued development of children described in paragraph (1) to their full potential. Such projects shall provide for the direct participation of the parents of such children in the development, conduct, and overall direction of the program at the local level. If the Secretary determines that participation in the project of children who are not from low-income families will serve to carry out the purposes of this section, he may provide for the inclusion of such children from non-low-income families, but only to the extent that their participation will not dilute the effectiveness of the services designed for children described in paragraph (1) of this subsection.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“authorization of appropriations</inline></heading> <num value="552"><inline class="smallCaps">“Sec.</inline> 552.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">There are authorized to be appropriated for carrying <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2929a">42 USC 2929a.</ref></p></sidenote> out the purposes of this part $60,000,000 for the fiscal year 1975, and for each of the two succeeding fiscal years. Funds so appropriated shall remain available for obligation and expenditure during the fiscal year succeeding the fiscal year for which they are appropriated.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Financial assistance extended under this part for a Follow Through program shall not exceed 80 per centum of the approved costs of the assisted program or activities, except that the Secretary may approve assistance in excess of such percentage if he determines, in accordance with regulations establishing objective criteria, that such action is required in furtherance of the purposes of this part. Non-Federal contributions may be in cash or in kind, fairly evaluated, including but not limited to plant, equipment, or services. The Secretary shall not require non-Federal contributions in excess of 20 per centum of the approved costs of programs or activities assisted under this part.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>No project shall be approved for assistance under this part unless the Secretary is satisfied that the services to be provided under such project will be in addition to, and not in substitution for, services previously provided without Federal assistance. The requirement imposed by the preceding sentence shall be subject to such regulations as the Secretary may adopt.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“research, demonstration, and pilot projects; evaluation; and technical assistance activities</inline></heading> <num value="553"><inline class="smallCaps">“Sec.</inline> 553.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">In conjunction with other activities authorized by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2929b">42 USC 2929b.</ref></p></sidenote> this part, the Secretary may—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>provide financial assistance, by contract or otherwise, for research, demonstration, or pilot projects conducted by public <page identifier="/us/stat/88/2308">88 <inline class="smallCaps">Stat.</inline> 2308</page> or private agencies which are designed to test or assist in the development of new approaches or methods that will aid in overcoming special problems or otherwise in furthering the purposes of this part;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>provide, directly or through grants or contracts, for the continuing evaluation of projects assisted under this part, including evaluations that describe and measure the impact of such projects, their effectiveness in achieving stated goals, their impact on related programs, and their structure and mechanisms for delivery of services, including, where appropriate, comparisons with appropriate control groups composed of persons who have not participated in such projects, which evaluations shall be conducted by persons not directly involved in the administration of the project evaluated; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>provide, directly or through grants or other appropriate arrangements, (A) technical assistance to Follow Through programs in developing, conducting, and administering programs under this part, and (B) training for specialized or other personnel which is needed in connection with Follow Through programs.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“special conditions</inline></heading> <num value="554"><inline class="smallCaps">“Sec.</inline> 554.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Recipients of financial assistance under this part shall <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2929c">42 USC 2929c.</ref></p></sidenote> provide maximum employment opportunities for residents of the area to be served, and to parents of children who are participating in projects assisted under this part.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Financial assistance under this part shall not be suspended for failure to comply with applicable terms and conditions, except in emergency situations, nor shall an application for refunding be denied, unless the recipient agency has been given reasonable notice and opportunity to show cause why such action should not be taken.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>Financial assistance under this part shall not be terminated for failure to comply with applicable terms and conditions unless the recipient has been afforded reasonable notice and opportunity for a full and fair hearing.</content></subsection> </section> </part> <part> <num value="C"><inline class="smallCaps">“Part C</inline>—</num><heading><inline class="smallCaps">General Provisions</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“definitions</inline></heading> <num value="571"><inline class="smallCaps">“Sec.</inline> 571.</num> <chapeau>As used in this title, the term—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2930">42 USC 2930.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>‘Secretary’ means the Secretary of Health, Education, and Welfare;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>‘State’ means a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands; except that when used in section 513(a) of this title, the term means only <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 2301.</p></sidenote> a State, Puerto Rico, or the District of Columbia; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>‘financial assistance’ includes assistance provided by grant, agreement, or contract, and payments may be made in installments and in advance or by way of reimbursement with necessary adjustments on account of overpayments or underpayments.</content></paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“labor standards</inline></heading> <num value="572"><inline class="smallCaps">“Sec.</inline> 572.</num> <content>All laborers and mechanics employed by contractors or <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2930a">42 USC 2930a.</ref></p></sidenote> subcontractors in the construction, alteration, or repair, including painting and decorating of projects, buildings, and works which are federally assisted under this title shall be paid wages at rates not less <page identifier="/us/stat/88/2309">88 <inline class="smallCaps">Stat.</inline> 2309</page> than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a–5). The Secretary of Labor <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s276a">40 USC 276a</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/app">5 USC app.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s276c">40 USC 276c.</ref></p></sidenote> shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267; 5 U.S.C. 133—133z–15), and section 2 of the Act of June 1, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276(C)).</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“comparability of wages</inline></heading> <num value="573"><inline class="smallCaps">“Sec.</inline> 573.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary shall take such action as may be necessary <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2930b">42 USC 2930b.</ref></p></sidenote> to assure that persons employed in carrying out programs financed under this title shall not receive compensation at a rate which is (1) in excess of the average rate of compensation paid in the area where the program is carried out to a substantial number of the persons providing substantially comparable services, or in excess of the average rate of compensation paid to a substantial number of the persons providing substantially comparable services in the area of the person’s immediately preceding employment, whichever is higher, or (2) less than the minimum wage rate prescribed in section 6(a)(1) of the Fair Labor Standards Act of 1938.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s206">29 USC 206.</ref></p></sidenote></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“nondiscrimination provisions</inline></heading> <num value="574"><inline class="smallCaps">“Sec.</inline> 574.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary shall not provide financial assistance <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2930c">42 USC 2930c.</ref></p></sidenote> for any program, project, or activity under this title unless the grant or contract with respect thereto specifically provides that no person with responsibilities in the operation thereof will discriminate with respect to any such program, project, or activity because of race, creed, color, national origin, sex, political affiliation, or beliefs.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>No person in the United States shall on the ground of sex be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any program or activity receiving assistance under this title. The Director shall enforce the provisions of the preceding sentence in accordance with section 602 of the Civil Rights Act of 1964. Section <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2000d–1">42 USC 2000d–1.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2000d–2">42 USC 2000d–2.</ref></p></sidenote> 603 of such Act shall apply with respect to any action taken by the Secretary to enforce such sentence. This section shall not be construed as affecting any other legal remedy that a person may have if that person is excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with, any program, project, or activity receiving assistance under this title.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“limitation with respect to certain unlawful activities</inline></heading> <num value="575"><inline class="smallCaps">“Sec.</inline> 575.</num> <content>No individual employed or assigned by any Headstart <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2930d">42 USC 2930d.</ref></p></sidenote> agency or other agency assisted under this title shall, pursuant to or during the performance of services rendered in connection with any program or activity conducted or assisted under this part by such Headstart agency or such other agency, plan, initiate, participate in, or otherwise aid or assist in the conduct of any unlawful demonstration, rioting, or civil disturbance.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“political activities</inline></heading> <num value="576"><inline class="smallCaps">“Sec.</inline> 576.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">For purposes of chapter 15 of title 5 of the United <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2930e">42 USC 2930e.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s1501">5 USC 1501.</ref></p></sidenote> States Code any agency which assumes responsibility for planning, developing, and coordinating Headstart programs and receives assist-<page identifier="/us/stat/88/2310">88 <inline class="smallCaps">Stat.</inline> 2310</page>ance under this title shall be deemed to be a State or local agency; and for purposes of clauses (1) and (2) of section 1502(a) of such title any <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s1502">5 USC 1502.</ref></p></sidenote> agency receiving assistance under this part shall be deemed to be a State or local agency.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Programs assisted under this title shall not be carried on in a manner involving the use of program funds, the provision of services, or the employment or assignment of personnel in a manner supporting or resulting in the identification of such programs with (1) any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office, (2) any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election, or (3) any voter registration activity. The Secretary, after consultation with the Civil Service Commission, shall issue rules and regulations to provide for the enforcement of this section, which shall include provisions for summary suspension of assistance or other action necessary to permit enforcement on an emergency basis.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“advance funding</inline></heading> <num value="577"><inline class="smallCaps">“Sec.</inline> 577.</num> <content>For the purpose of affording adequate notice of funding <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2930f">42 USC 2930f.</ref></p></sidenote> available under this title, appropriations for carrying out this part are authorized to be included in an appropriation Act for the fiscal year preceding the fiscal year for which they are available for obligation.”</content> </section> </part> (b) The Economic Opportunity Act of 1964 is further amended by striking out “Director” each place it appears in sections 522 and 523

Infra.

 and inserting in lieu thereof “Secretary”, by striking out “and the Secretary of Health, Education, and Welfare” in section 522(d), and by striking out “their jurisdictions” in section 522(d) and inserting in lieu thereof “his jurisdiction”. (c) Sections 521 through 523 of the Economic Opportunity Act of

42 USC 2931–2933.

 1964 are redesignated as sections 581 through 583, respectively. (d)(1) Section 2 of the Child Abuse Prevention and Treatment Act

42 USC 5101.

 is amended by adding at the end thereof the following new subsection: “(c) The Secretary may carry out his functions under subsection (b) of this section either directly or by way of grant or contract.”. (2) Section 4 of such Act is amended by adding at the end thereof

42 USC 5103.

 the following new subsection: “(e) For the purpose of this section, the term ‘State’ includes each

“State.”

 of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam and the Trust Territories of the Pacific.”.
administration Sec. 9. (a) Section 601 of the Economic Opportunity Act of 1964 is amended to read as follows:
“community services administration “Sec. 601. Upon the date of enactment of the Headstart, Economic

42 USC 2941.

Ante, p. 2291.

 Opportunity, and Community Partnership Act of 1974, there is established within the executive branch an agency known as the ‘Community Services Administration’ which shall be headed by a Director and which shall be, in all respects and for all purposes, the successor authority to the Office of Economic Opportunity. The Director of the Administration shall be appointed by the President by and with the advice and consent of the Senate. The Director shall be compensated 88 Stat. 2311 at a rate equal to the rate in effect for the compensation of the Director of the Office of Economic Opportunity on the date of the enactment of such Act. “(b) There shall also be in the Administration one Deputy Director and Assistant Directors who shall be appointed by the President, by and with the advice and consent of the Senate. The Deputy Director and the Assistant Directors shall perform such functions as the Director may prescribe. The Deputy Director and the Assistant Directors shall be compensated at a rate equal to the rate in effect for the Deputy Director and the Assistant Directors, respectively, of the Office of Economic Opportunity on the date of enactment of the Headstart, Economic Opportunity, and Community Partnership Act of 1974.

Ante, p. 2291.

 “(c) Subject to the provisions of subsection (e) of this section, the Administration shall be an independent agency. The Director shall have the responsibility for carrying out titles I, II, III–B, VI, VII, and IX of this Act. The functions of the Director with respect to carrying

Ante, p. 2292.

42 USC 2861, 2941.

Post, p. 2315, 2328.

 out titles I, II (except section 232), III–B, VI, VII, and IX of this Act shall not be delegated to any other officer not directly responsible, both with respect to program operation and administration, to the Director. Beginning after June 15, 1975, the policymaking functions, including the final approval of grants and contracts, of the Director, shall not be delegated to any regional office or official. “(d)(1) All official actions taken by the Director of the Office of Economic Opportunity, his designee, or any other person under the authority of the Economic Opportunity Act of 1964 which are in force

42 USC 2701 note.

 on the date of the enactment of the Headstart, Economic Opportunity, and Community Partnership Act of 1974, and for which there is continuing authority under the provisions of this Act, shall continue in full force and effect until modified, superseded, or revoked by the Director. “(2) All references to the Office of Economic Opportunity, or to the Director of the Office of Economic Opportunity, in any statute, reorganization plan, executive order, regulation, or other official document or proceeding shall, on and after such date, be deemed to refer to the Administration, or to the Director, as the case may be. “(3) No suit, action, or other proceeding, and no cause of action, by or against the Office of Economic Opportunity, or any action by any officer thereof acting in his official capacity, shall abate by reason of the enactment of the Headstart, Economic Opportunity, and Community Partnership Act of 1974. “(4) Persons appointed by the President, by and with the advice and consent of the Senate, to positions in the Office of Economic Opportunity, requiring appointment by and with such advice and consent, may, if the President so desires, continue to serve in comparable positions in the Administration; but the President may submit to the Senate nominations for appointment to any or all positions in the Administration, requiring the advice and consent of the Senate. “(e)(1) After March 15, 1975, the President may submit to the Congress

Reorganization plan, submittal to Congress.

 a reorganization plan which, subject to the provisions of paragraph (2) of this subsection, shall take effect if such reorganization plan is not disapproved by enactment of a joint resolution which shall be considered in Congress in accordance with the provisions of paragraph (3) of this subsection and the procedures established with respect to reorganization plans by chapter 9 of title 5, United States Code, except to the extent otherwise provided in this Act.

5 USC 901.

 “(2) A reorganization plan submitted in accordance with the provisions of paragraph (1) shall provide— 88 Stat. 2312 “(A) for establishing in the Department of Health, Education, and Welfare a Community Services Administration— “(i) which shall be headed by a Director, “(ii) which shall be the principal agency, and the Director of which shall be the principal officer, for carrying out titles I, II, III–B, VI, and IX of this Act, and which, with respect

Ante, p. 2292.

42 USC 2861, 2941.

Post, p. 2328.

 to such provisions, shall be the successor authority to the Community Services Administration established by subsection (a) of this section, “(iii) the Director of which shall be, in the performance of his functions, directly responsible to the Secretary, and “(iv) in which no policymaking functions, including the final approval of grants or contracts, of the Director shall be delegated to any regional office or official. “(B) for establishing in the Department of Commerce a Community Economic Development Administration— “(i) which shall be headed by a Director, “(ii) which shall be the principal agency, and the Director of which shall be the principal officer, for carrying out title VII of this Act, and which, with respect to such provisions,

Post, p. 2315.

 shall be the successor authority to the Community Services Administration established by subsection (a) of this section, “(iii) the Director of which shall be, in the performance of his functions, directly responsible to the Secretary, and “(iv) in which no policymaking functions, including the final approval of grants or contracts, of the Director shall be delegated to any regional office or official. (3) For the purpose of this subsection and chapter 9, title 5, United States Code, to the extent incorporated by this subsection,

5 USC 901.

 the following provisions apply: “(A) The term ‘resolution’ means a joint resolution the matter

“Resolution.”

 after the resolving clause of which is: ‘That the Congress of the United States disapproves the Community Services Administration Reorganization Plan transmitted to the Congress by the President on __________, 19__,.’ The blank spaces therein are to be appropriately filled. “(B) If, prior to the passage by one House of the joint resolution of that House with respect to the reorganization plan, such House receives from the other House a joint resolution with respect to the same plan, then the following procedure applies: “(i) If no resolution of the first House with respect to such plan has been referred to committee, no other resolution with respect to the same plan may be reported or (despite the provisions of section 912(a) of title 5, United States Code) be made the subject of a motion to discharge. “(ii) If a resolution of the first House with respect to such plan has been referred to committee— “(I) the procedure with respect to that or other resolutions of such House with respect to such plan which have been referred to committee shall be the same as if no resolution from the other House with respect to such plan had been received; but “(II) on any vote on final passage of a resolution of the first House with respect to such plan the resolution from the other House with respect to such plan shall be automatically substituted for the resolution of the first House.” 88 Stat. 2313 “(4) The transfers authorized under subparagraphs (A) and (B) of paragraph (3) of this subsection shall be effective 30 days after the last date on which such reorganization plan could be disapproved under this subsection. “(f) In the event that the reorganization plan pursuant to subsection (e) takes effect, the Director of the Community Services Administration and the Director of the Community Economic Development Administration shall each be appointed by the President, by and with the advice and consent of the Senate, except that the person serving as Director of the independent Community Services Administration pursuant to the advice and consent of the Senate may, if the President notifies the Congress accordingly, continue to serve as Director of the Community Services Administration within the Department of Health, Education, and Welfare; but the President may in such event submit to the Senate a nomination for such position. “(g) In the event that the reorganization plan pursuant to subsection (e) of this section takes effect, on the effective date thereof the property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with the functions of the Director of the independent Community Services Administration, established by subsection (a) of this section, shall be transferred to the Director of the Community Services Administration, within the Department of Health, Education, and Welfare and to the Director of the Economic Development Administration within the Department of Commerce, as appropriate. All grants, applications for grants, contracts, and other agreements awarded or entered into by the Director of the independent Community Services Administration shall continue to be recognized so that there is no disruption of ongoing activities for which there is continuing authority. “(h)(1) In the event that the reorganization plan pursuant to subsection (e) of this section takes effect, on the effective date thereof all Federal personnel employed by the independent Community Services Administration under the authorization and appropriations for the Economic Opportunity Act of 1964, transferred to the Community

42 USC 2701 note.

 Services Administration within the Department of Health, Education, and Welfare or to the Community Economic Development Administration within the Department of Commerce shall, to the extent feasible, be assigned to related functions and organizational units in the appropriate Administration, without loss of salary, rank, or other benefits, including the right to representation and to the existing basic collective-bargaining agreement. “(2) In the event that the reorganization plan pursuant to subsection (e) of this section takes effect, on the effective date thereof all official actions taken by the Director of the independent Community Services Administration, his designee, or any other person under the authority of the Economic Opportunity Act of 1964 which are in force on such date, and for which there is continuing authority under the provisions of this Act, shall continue in full force and effect until modified, superseded, or revoked by the Director of the Community Services Administration within the Department of Health, Education and Welfare or the Director of the Community Economic Development Administration within the Department of Commerce, as appropriate. “(3) In the event that the reorganization plan submitted pursuant to subsection (e) of this section takes effect, on the effective date thereof all references to the independent Community Services Administration or to the Director of that Administration in any statute, reorganization plan, executive order, regulation, or other official docu-88 Stat. 2314ment or proceeding shall, on and after such date, be deemed to refer to the Community Services Administration within the Department of Health, Education and Welfare, or the Director of the Community Economic Development Administration, in the Department of Commerce as appropriate, or to the Director of either such Administration, as the case may be. “(4) In the event that the reorganization plan submitted pursuant to subsection (e) of this section takes effect, on the effective date thereof no suit, action, or other proceeding, and no cause of action, by or against the independent Community Services Administration, or any action by any officer thereof acting in his official capacity, shall abate by reason of the taking effect of such plan.”
(b) Section 28 of the Economic Opportunity Amendments of 1972

Repeal.

42 USC 2942 note.

 (86 Stat. 705, September 19, 1972) is repealed effective on the date on which a reorganization plan is effective under subsection (c) of this section. (c) The Economic Opportunity Act of 1964 is further amended

42 USC 2701 note.

 by— (1) striking out “Office of Economic Opportunity” and “Office” each time that they appear in section 602(d) and

42 USC 2942.

 inserting in lieu thereof “Community Services Administration”; (2) striking out “Office of Economic Opportunity” in section 603(c) and inserting in lieu thereof “Community Services

42 USC 2943.

 Administration”; (3) striking out “in the Office” in section 605(a) and inserting

42 USC 2945.

 in lieu thereof “in the Community Services Administration”; (4) striking out “Office of Economic Opportunity” in section 632(2) and inserting in lieu thereof “Community Services

42 USC 2974.

 Administration”; (5) striking out “of the Office of Economic Opportunity” in section 637(b)(2), and inserting in lieu thereof “of the Community

42 USC 2979.

 Services Administration”; and (6) repealing section 609 of such Act.

Repeal.

42 USC 2949.

 (d) Section 625 of the Economic Opportunity Act of 1964 is amended to read as follows:
“criteria for determining eligibility “Sec. 625. (a) Every agency administering programs authorized by

42 USC 2971d.

 this Act in which the poverty line is a criterion of eligibility shall revise the poverty line at annual intervals, or at any shorter interval it deems feasible and desirable. “(b) The revision required by subsection (a) of this section shall be accomplished by multiplying the official poverty line (as defined by the Office of Management and Budget) by the percentage change in the Consumer Price Index during the annual or other interval immediately preceding the time at which the revision is made. “(c) Revisions required by subsection (a) of this section shall be made and issued not more than thirty days after the date on which the necessary consumer price index data becomes available.”
“(e) The Economic Opportunity Act of 1964 is further amended by inserting after section 625 the following new sections:
“criminal provisions “Sec. 626. (a) Whoever, being an officer, director, agent, or

42 USC 2971f.

 employee of, or connected in any capacity with, any agency receiving financial assistance under this Act embezzles, willfully misapplies, steals, or obtains by fraud any of the moneys, funds, assets, or property which are the subject of a grant or contract of 88 Stat. 2315 assistance pursuant to this Act, shall be fined not more than $10,000 or imprisoned for not more than two years, or both; but if the amount so embezzled, misapplied, stolen, or obtained by fraud does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. “(b) Whoever, by threat of procuring dismissal of any person from employment or of refusal to employ or refusal to renew a contract of employment in connection with a grant or contract of assistance under this Act induces any person to give up any money or thing of any value to any person (including such grantee agency), shall be fined not more than $1,000 or imprisoned not more than one year, or both.
“withholding certain federal taxes by antipoverty agencies “Sec. 627. Upon notice from the Secretary of the Treasury or his

42 USC 2971g.

 delegate that any person otherwise entitled to receive a payment made pursuant to a grant, contract, agreement, loan or other assistance made or entered into under this Act is delinquent in paying or depositing (1) the taxes imposed on such person under chapters 21 and 23 of the Internal Revenue Code of 1954, or (2) the taxes deducted and withheld

26 USC 3101, 3301.

26 USC 3401.

 by such person under chapters 21 and 24 of such Code, the Director shall suspend such portion of such payment due to such person, which, if possible, is sufficient to satisfy such delinquency, and shall not make or enter into any new grant, contract, agreement, loan or other assistance under this Act with such person until the Secretary of the Treasury or his delegate has notified him that such person is no longer delinquent in paying or depositing such tax or the Director determines that adequate provision has been made for such payment. In order to effectuate the purpose of this section on a reasonable basis the Secretary of the Treasury and the Director shall consult on a quarterly basis.”
community economic development Sec. 10. (a) Title VII of the Economic Opportunity Act of 1964 is amended to read as follows: <num value="VII">“TITLE VII—</num><heading class="inline">COMMUNITY ECONOMIC DEVELOPMENT</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“statement of purpose</inline></heading> <num value="701"><inline class="smallCaps">“Sec.</inline> 701.</num> <content>The purpose of this title is to encourage the development <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2981">42 USC 2981.</ref></p></sidenote> of special programs by which the residents of urban and rural low-income areas may, through self-help and mobilization of the community at large, with appropriate Federal assistance, improve the quality of their economic and social participation in community life in such a way as to contribute to the elimination of poverty and the establishment of permanent economic and social benefits.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“definition</inline></heading> <num value="702"><inline class="smallCaps">“Sec.</inline> 702.</num> <content>As used in this title the term ‘community development <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2981a">42 USC 2981a.</ref></p></sidenote> corporation’ means a nonprofit organization responsible to residents of the area it serves which is receiving financial assistance under part A of this title and any organization more than 50 per centum of which is owned by such an organization, or otherwise controlled by such an organization, or designated by such an organization for the purpose of this title.</content> </section> <page identifier="/us/stat/88/2316">88 <inline class="smallCaps">Stat.</inline> 2316</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“authorization of appropriations</inline></heading> <num value="703"><inline class="smallCaps">“Sec.</inline> 703.</num> <content>For the purpose of carrying out this title, there are <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2981b">42 USC 2981b.</ref></p></sidenote> authorized to be appropriated $39,000,000 and such additional sums as may be necessary for fiscal year 1975 and such sums as may be necessary for each of the two succeeding fiscal years.</content> </section> <part> <num value="A"><inline class="smallCaps">“Part A</inline>—</num><heading><inline class="smallCaps">Urban and Rural Special Impact Programs</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“statement of purpose</inline></heading> <num value="711"><inline class="smallCaps">“Sec.</inline> 711.</num> <content>The purpose of this part is to establish special programs <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2982">42 USC 2982.</ref></p></sidenote> of assistance to nonprofit private locally initiated community development corporations which (1) are directed to the solution of the critical problems existing in particular communities or neighborhoods (defined without regard to political or other subdivisions or boundaries) within those urban and rural areas having concentrations or substantial numbers of low-income persons; (2) are of sufficient size, scope, and duration to have an appreciable impact in such communities, neighborhoods, and rural areas in arresting tendencies toward dependency, chronic unemployment, and community deterioration; (3) hold forth the prospect of continuing to have such impact after the termination of financial assistance under this part, and (4) provide financial and other assistance to start, expand, or locate enterprises in or near the area to be served so as to provide employment and ownership opportunities for residents of such areas, including those who are disadvantaged in the labor market because of their limited speaking, reading, and writing abilities in the English language.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“establishment and scope of programs</inline></heading> <num value="712"><inline class="smallCaps">“Sec.</inline> 712.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Director is authorized to provide financial assistance <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2982a">42 USC 2982a.</ref></p></sidenote> in the form of grants to nonprofit and for profit community development corporations and other affiliated and supportive agencies and organizations associated with qualifying community development corporations for the payment of all or part of the cost of programs which are designed to carry out the purposes of this part. Financial assistance shall be provided so that each community economic development program is of sufficient size, scope, and duration to have an appreciable impact on the area served. Such programs may include—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>community economic and business development programs, including but not limited to: (A) programs which provide financial and other assistance (including equity capital) to start, expand, or locate businesses in or near the area served so as to provide employment and ownership opportunities for residents of such areas, and (B) programs for small businesses located in or owned by residents of such areas;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>community development including industrial parks and housing activities which contribute to an improved environment and which create new training, employment, and ownership opportunities for residents of such area;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>training and public service employment programs and related services for unemployed or low-income persons which support and complement community development programs financed under this part, including, without limitation, activities such as those described in the Comprehensive Employment and Training Act of 1973; and<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s801">29 USC 801</ref> note.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>social service programs which support and complement community economic development programs financed under this part, including but not limited to child care, educational services, <page identifier="/us/stat/88/2317">88 <inline class="smallCaps">Stat.</inline> 2317</page> health services, credit counseling, energy conservation, and programs for the maintenance of housing facilities.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The Director shall conduct programs assisted under this part so as to contribute, on an equitable basis between urban and rural areas, to the elimination of poverty and the establishment of permanent economic and social benefits in such areas.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“financial assistance requirements</inline></heading> <num value="713"><inline class="smallCaps">“Sec.</inline> 713.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Director, under such regulations as he may <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2982b">42 USC 2982b.</ref></p></sidenote> establish, shall not provide financial assistance for any community economic development program under this part unless he determines that—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>such community development corporation is responsible to residents of the area served (i) through a governing body not less than 50 per centum of the members of which are area residents and (ii) in accordance with such other guidelines as may be established by the Director, except that the composition of the governing bodies of organizations owned or controlled by the community development corporation need not be subject to such residency requirement;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>the program will be appropriately coordinated with local planning under this title, with housing and community development programs, with employment and training programs, and with other relevant planning for physical and human resources in the areas served;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>adequate technical assistance is made available and committed to the programs being supported;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>such financial assistance will materially further the purposes of this part;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <content>the applicant is fulfilling or will fulfill a need for services, supplies, or facilities which is otherwise not being met;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <content>all projects and related facilities will, to the maximum feasible extent, be located in the areas served;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">“(7)</num> <content>projects will, where feasible, promote the development of entrepreneurial and management skills and the ownership or participation in ownership of assisted businesses and housing, cooperatively or otherwise, by residents of the area served;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">“(8)</num> <content>projects will be planned and carried out with the fullest possible participation of resident or local businessmen and representatives of financial institutions, including participation through contract, joint venture, partnership, stock ownership or membership on the governing boards or advisory councils of such projects consistent with the self-help purposes of this title;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">“(9)</num> <content>no participant will be employed on projects involving political parties, or the construction, operation, or maintenance of so much of any facility as is used or to be used for sectarian instruction or as a place for religious worship;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="10">“(10)</num> <content>the program will not result in the displacement of employed workers or impair existing contracts for services, or result in the substitution of Federal or other funds in connection with work that would otherwise be performed;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="11">“(11)</num> <content>the rates of pay for time spent in work-training and education, and other conditions of employment, will be appropriate and reasonable in the light of such factors as the type of work, geographical region, and proficiency of the participant;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="12">“(12)</num> <content>the program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants;</content></paragraph> <page identifier="/us/stat/88/2318">88 <inline class="smallCaps">Stat.</inline> 2318</page> <paragraph class="indentUp1 fontsize10"><num value="13">“(13)</num> <content>preference will be given to low-income or economically disadvantaged residents of the areas served in filling jobs and training opportunities; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="14">“(14)</num> <content>training programs carried out in connection with projects financed under this part shall be designed wherever feasible to provide those persons who successfully complete such training with skills which are also in demand in communities, neighborhoods, or rural areas other than those for which programs are established under this part.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Financial assistance under this section shall not be extended to assist in the relocation of establishments from one location to another if such relocation would result in an increase in unemployment in the area of original location.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>The level of financial assistance for related purposes under this Act, or any other program for Federal financial assistance, to the area served by a special impact program shall not be diminished in order to substitute funds authorized by this part.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“federal share of program costs</inline></heading> <num value="714"><inline class="smallCaps">“Sec.</inline> 714.</num> <content>Federal assistance to any program carried out pursuant <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2982c">42 USC 2982c.</ref></p></sidenote> to this part, including grants used by community development corporations for capital improvements, shall (1) not exceed 90 per centum of the cost of such program including costs of administration unless the Director determines that the assistance in excess of such percentage is required in furtherance of the purposes of this part, and (2) be made available for deposit to the order of the grantee, under conditions which the Director deems appropriate, within thirty days following approval of the grant agreement by the Director and such grantee of the grant agreement. Non-Federal contributions may be in cash or in kind, fairly evaluated, including but not limited to plant, equipment, and services. Capital investments made with funds granted as a result of the Federal share of the costs of programs carried out under this title, and the proceeds from such capital investments, shall not be considered Federal property. Upon investment, title rights vest in the community development corporation. The Federal Government retains the right to direct that on severance of the grant relationship the assets purchased continue to be used for the original purpose for which they were granted.</content> </section> </part> <part><num value="B"><inline class="smallCaps">“Part B</inline>—</num><heading><inline class="smallCaps">Special Rural Programs</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“statement of purpose</inline></heading> <num value="721"><inline class="smallCaps">“Sec.</inline> 721.</num> <content>It is the purpose of this part to meet the special economic <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2983">42 USC 2983.</ref></p></sidenote> needs of rural communities or areas with concentrations or substantial numbers of low-income persons by providing support to self-help programs which promote economic development and independence, as a supplement to existing similar programs conducted by other departments and agencies of the Federal Government. Such programs should encourage low-income families to pool their talents and resources so as to create and expand rural economic enterprise.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“financial assistance</inline></heading> <num value="722"><inline class="smallCaps">“Sec.</inline> 722.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Director is authorized to provide financial assistance, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2983a">42 USC 2983a.</ref></p></sidenote> including loans having a maximum maturity of 15 years and in amounts not resulting in an aggregate principal indebtedness of more than $3,500 at any one time, to any low-income rural family where, in the judgment of the Director, such financial assistance has a reasonable possibility of effecting a permanent increase in the income of <page identifier="/us/stat/88/2319">88 <inline class="smallCaps">Stat.</inline> 2319</page> such families, or will contribute to the improvement of their living or housing conditions, by assisting or permitting them to—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>acquire or improve real estate or reduce encumbrances or erect improvements thereon;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>operate or improve the operation of farms not larger than family sized, including but not limited to the purchase of feed, seed, fertilizer, livestock, poultry, and equipment; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>participate in cooperative associations, or to finance nonagricultural enterprises which will enable such families to supplement their income.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <chapeau>The Director is authorized to provide financial assistance to local cooperative associations in rural areas containing concentrations or substantial numbers of low-income persons for the purpose of defraying all or part of the costs of establishing and operating cooperative programs for farming, purchasing, marketing, processing, and to improve their income as producers and their purchasing power as consumers, and to provide such essentials as credit and health services. Costs which may be defrayed shall include but not be limited to—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>administrative costs of staff and overhead;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>costs of planning and developing new enterprises;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>costs of acquiring technical assistance; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>initial capital where it is determined by the Director that the poverty of the families participating in the program and the social conditions of the rural area require such assistance.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“limitation on assistance</inline></heading> <num value="723"><inline class="smallCaps">“Sec.</inline> 723.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">No financial assistance shall be provided under this <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2983b">42 USC 2983b.</ref></p></sidenote> part unless the Director determines that—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>any cooperative association receiving assistance has a minimum of fifteen active members, a majority of which are low-income rural persons;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>adequate technical assistance is made available and committed to the programs being supported;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>such financial assistance will materially further the purposes of this part; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>the applicant is fulfilling or will fulfill a need for services, supplies, or facilities which is otherwise not being met.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The level of financial assistance for related purposes under this Act to the area served by a program under this part shall not be diminished in order to substitute funds authorized by this part.</content></subsection> </section> </part> <part> <num value="C"><inline class="smallCaps">“Part C</inline>—</num><heading><inline class="smallCaps">Development Loans to Community Economic Development Programs</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“development loan fund</inline></heading> <num value="731"><inline class="smallCaps">“Sec.</inline> 731.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Director is authorized to make or guarantee loans <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2984">42 USC 2984.</ref></p></sidenote> (either directly or in cooperation with banks or other organizations through agreements to participate on an immediate or deferred basis) to community development corporations, and families and local cooperatives eligible for financial assistance under this title, for business, housing, and community development projects which the Director determines will carry out the purposes of this part. No loans, guarantees, or other financial assistance shall be provided under this section unless the Director determines that—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>there is reasonable assurance of repayment of the loan;</content></paragraph> <page identifier="/us/stat/88/2320">88 <inline class="smallCaps">Stat.</inline> 2320</page> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>the loan is not otherwise available on reasonable terms from private sources or other Federal, State, or local programs; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>the amount of the loan, together with other funds available, is adequate to assure completion of the project or achievement of the purposes for which the loan is made.</content></paragraph> <continuation class="indent0 fontsize10">Loans made by the Director pursuant to this section shall bear the <sidenote><p class="indent0 firstIndent1 fontsize8">Interest rate on loans.</p></sidenote> interest at a rate not less than a rate determined by the Secretary of the Treasury taking into consideration the average market yield on outstanding Treasury obligations of comparable maturity, plus such additional charge if any, toward covering other costs of the program as the Director may determine to be consistent with its purposes, except that, for the five years following the date in which funds are initially available to the borrower, the rate of interest shall be set at a rate considered appropriate by the Director in light of the particular needs of the borrower which rate shall not be lower than 1 per centum. All such loans shall be repayable within a period of not more than thirty years.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The Director is authorized to adjust interest rates, grant moratoriums on repayment of principal and interest, collect or compromise any obligations held by him, and to take such other actions in respect to such loans as he shall determine to be necessary or appropriate, consistent with the purposes of this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">To carry out the lending and guaranty functions authorized under this part, there shall be established a Development Loan Fund consisting of two separate accounts, one of which shall be a revolving fund called the Rural Development Loan Fund and the other of which shall be a revolving fund called the Community Development Loan Fund. The capital of each such revolving fund shall remain available until expended.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>The Rural Development Loan Fund shall consist of the remaining funds provided for in part A of title III of this Act and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2841">42 USC 2841.</ref></p></sidenote> such amounts as may be deposited in such Fund by the Director out of funds made available from appropriations for the purposes of carrying out this part. The Director shall utilize the services of the Farmers Home Administration in administering the Fund.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>The Community Development Loan Fund shall consist of such amounts as may be deposited in such fund by the Secretary out of funds made available from appropriations for the purpose of carrying out this subchapter. The Secretary may make deposits in the Community Development Loan Fund in any fiscal year in which he has made available for grants to community development corporations under part B of this title not less than $60,000,000 out of funds <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 2318.</p></sidenote> made available from appropriations for the purpose of carrying out this title.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“establishment of model community economic development finance corporation</inline></heading> <num value="732"><inline class="smallCaps">“Sec.</inline> 732.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">To the extent he deems appropriate, the Director shall <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2984a">42 USC 2984a.</ref></p></sidenote> utilize funds available under this part to prepare a plan of action for the establishment of a Model Community Economic Development Finance Corporation to provide a user-controlled independent and professionally operated long-term financing vehicle with the principal purpose of providing financial support for community economic development corporations, cooperatives, other affiliated and supportive agencies and organizations associated with community economic development corporations, and other entities eligible for assistance under this title.</content></subsection> <page identifier="/us/stat/88/2321">88 <inline class="smallCaps">Stat.</inline> 2321</page> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>Not later than June 1, 1975, the Director shall submit to the <sidenote><p class="indent0 firstIndent1 fontsize8">Plan, submittal to congressional committees.</p></sidenote> appropriate committees of the Congress the plan required by this section.</content></subsection> </section> </part> <part> <num value="D"><inline class="smallCaps">“Part D</inline>—</num><heading><inline class="smallCaps">Supportive Programs and Activities</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“training and technical assistance</inline></heading> <num value="741"><inline class="smallCaps">“Sec.</inline> 741.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Director shall provide, directly or through <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2985">42 USC 2985.</ref></p></sidenote> grants, contracts or other arrangements, such technical assistance and training of personnel as may be required to effectively implement the purposes of this title. No financial assistance shall be provided to any public or private organization under this section unless the Director provides the beneficiaries of these services with opportunity to participate in the selection of and to review the quality and utility of the services furnished them by such organization.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Technical assistance to community development corporations and both urban and rural cooperatives may include planning, management, legal preparation of feasibility studies, product development, marketing, and the provision of stipends to encourage skilled professionals to engage in full-time activities under the direction of a community organization financially assisted under this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>Training for employees of community development corporations and for employees and members of urban and rural cooperatives shall include, but not be limited to, on-the-job training, classroom instruction, and scholarships to assist them in development, managerial, entrepreneurial, planning, and other technical and organizational skills which will contribute to the effectiveness of programs assisted under this subchapter.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“applications of other federal resources—small business administration programs</inline></heading> <num value="742"><inline class="smallCaps">“Sec.</inline> 742.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Funds granted under this part which are invested <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2985a">42 USC 2985a.</ref></p></sidenote> directly or indirectly, in a small business investment company or a local development company, limited small business investment company shall be included as “private paid-in capital and paid-in surplus,” “combined paid-in capital and paid-in surplus,” and “paid-in capital” for purposes of sections 302, 303, and 502, respectively, of the Small Business Investment Act of 1958.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s682/s683/s696">15 USC 682, 683, 696.</ref></p></sidenote></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>Within ninety days of the enactment of this title, the Administrator <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> of the Small Business Administration, after consultation with the Secretary, shall prescribe such regulations as may be necessary and appropriate to insure the availability to community development corporations of such programs as shall further the purposes of this part.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Areas selected for assistance under this title shall be deemed <sidenote><p class="indent0 firstIndent1 fontsize8">Redevelopment areas.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3161">42 USC 3161.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3131/s3141">42 USC 3131, 3141.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3142">42 USC 3142.</ref></p></sidenote> ‘redevelopment areas’ within the meaning of section 401 of the Public Works and Economic Development Act of 1965, shall qualify for assistance under the provisions of title I and title II of that Act, and shall be deemed to have met the overall economic development program requirements of section 202(b)(10) of such Act.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>Within ninety days of the enactment of this title, the Secretary shall prescribe regulations which will insure that community development corporations and cooperatives shall qualify for assistance and shall be eligible to receive such assistance under all such programs of the Economic Development Administration as shall further the purposes of this title.</content></paragraph></subsection> </section> <page identifier="/us/stat/88/2322">88 <inline class="smallCaps">Stat.</inline> 2322</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“department of housing and urban development programs</inline></heading> <num value="743"><inline class="smallCaps">“Sec.</inline> 743.</num> <content>The Secretary of Housing and Urban Development, after <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2985b">42 USC 2985b.</ref></p></sidenote> consultation with the Director, shall take all necessary steps to assist community development corporations and local cooperative associations to qualify for and receive (1) such assistance in connection with technical assistance, counseling to tenants and homeowners, and loans to sponsors of low- and moderate-income housing under section 106 of the Housing and Urban Development Act of 1968 as amended by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701x">12 USC 1701x.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 735.</p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 633.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s461">40 USC 461.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 686.</p></sidenote> section 811 of the Housing and Community Development Act of 1974, (2) such land for housing and business location and expansion under title I of the Housing and Community Development Act of 1974, and (3) such funds for comprehensive planning under section 701 of the Housing Act of 1954 as amended by section 401 of the Housing and Community Development Act of 1974, as shall further the purposes of this Act.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“department of agriculture and farmers home administration programs</inline></heading> <num value="744"><inline class="smallCaps">“Sec.</inline> 744.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary of Agriculture or, where appropriate, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2985c">42 USC 2985c.</ref></p></sidenote> the Administrator of the Farmers Home Administration, after consultation with the Director, shall take all necessary steps to insure that community development corporations and local cooperative associations shall qualify for and shall receive (1) such assistance in connection with housing development under the Housing Act of 1949, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1441">42 USC 1441</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t7/s1921">7 USC 1921</ref> note.</p></sidenote> (2) such assistance in connection with housing, business, industrial, and community development under the Consolidated Farmers Home Administration Act of 1961 and the Rural Development Act of 1972, and (3) such further assistance under all such programs of the United States Department of Agriculture, as shall further the purposes of this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>On or before six months after the enactment of this title, and <sidenote><p class="indent0 firstIndent1 fontsize8">Report to Congress.</p></sidenote> annually thereafter, the Secretary shall submit to the Congress a detailed report setting forth a description of all Federal agency programs which he finds relevant to achieving the purposes of this part and the extent to which such programs have been made available to community development corporations receiving financial assistance under this part including specifically the availability and effectiveness of programs referred to in subsection (a) of this section. Where appropriate, the report required under this subsection also shall contain recommendations for the more effective utilization of Federal agency programs for carrying out the purposes of this title.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“coordination and eligibility</inline></heading> <num value="745"><inline class="smallCaps">“Sec.</inline> 745.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Director shall take all necessary and appropriate <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2985d">42 USC 2985d.</ref></p></sidenote> steps to encourage Federal departments and agencies and State and local governments to make grants, provide technical assistance, enter into contracts, and generally support and cooperate with community development corporations and local cooperative associations.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Eligibility for assistance under other Federal programs shall not be denied to any applicant on the ground that it is a community development corporation or any other entity assisted under this title.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“evaluation and research</inline></heading> <num value="746"><inline class="smallCaps">“Sec.</inline> 746.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Each program for which grants are made under this <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2985e">42 USC 2985e.</ref></p></sidenote> title shall provide for a thorough evaluation of the effectiveness of the program in achieving its purposes, which evaluation shall be conducted <page identifier="/us/stat/88/2323">88 <inline class="smallCaps">Stat.</inline> 2323</page> by such public or private organizations as the Director, in consultation with existing grantees familiar with programs carried out under this Act, may designate, and all or part of the costs of evaluation may be paid from funds appropriated to carry out this part. In evaluating the performance of any community development corporation funded under part A of this title, the criteria for evaluation shall be based upon such program objectives, goals, and priorities as are consistent with the purposes of this title and were set forth by such community development corporation in its proposal for funding as approved and agreed upon by the Director or as subsequently modified from time to time by mutual agreement between the Director and such community development corporation.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The Director shall conduct, either directly or through grants or other arrangements, research designed to suggest new programs and policies to achieve the purposes of this title in such ways as to provide opportunities for employment, ownership, and a better quality of life for low-income residents.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“planning grants</inline></heading> <num value="747"><inline class="smallCaps">“Sec.</inline> 747.</num> <content>In order to facilitate the purposes of this title, the Director <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2985f">42 USC 2985f.</ref></p></sidenote> is authorized to provide financial assistance to any public or private nonprofit agency or organization for planning of community economic development programs and cooperative programs under this title.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“nondiscrimination provisions</inline></heading> <num value="748"><inline class="smallCaps">“Sec.</inline> 748.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Director shall not provide financial assistance for <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2985g">42 USC 2985g.</ref></p></sidenote> any program, project, or activity under this title unless the grant or contract with respect thereto specifically provides that no person with responsibilities in the operation thereof will discriminate with respect to any such program, project, or activity because of race, creed, color, national origin, sex, political affiliation, or beliefs.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>No person in the United States shall on the ground of sex be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any program or activity receiving assistance under this title. The Director shall enforce the provisions of the preceding sentence in accordance with section 602 of the Civil Rights Act of 1964. Section <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2000d–1">42 USC 2000d–1.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2000d–2">42 USC 2000d–2.</ref></p></sidenote> 603 of such Act shall apply with respect to any action taken by the Secretary to enforce such sentence. This section shall not be construed as affecting any other legal remedy that a person may have if that person is excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with, any program, project, or activity receiving assistance under this title.”</content></subsection> </section> </part>
native american programs Sec. 11. The Economic Opportunity Act of 1964 is further amended by inserting after title VII thereof the following new title VIII: 88 Stat. 2324 <num value="VIII">“TITLE VIII—</num><heading class="inline">NATIVE AMERICAN PROGRAMS<sidenote><p class="indent0 firstIndent1 fontsize8">Native American Program Act of 1974.</p></sidenote></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“short title</inline></heading> <num value="801"><inline class="smallCaps">“Sec.</inline> 801.</num> <content>This title may be cited as the ‘<shortTitle role="title">Native American Programs <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2991">42 USC 2991.</ref></p></sidenote> Act of 1974</shortTitle>’.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“statement of purpose</inline></heading> <num value="802"><inline class="smallCaps">“Sec.</inline> 802.</num> <content>The purpose of this title is to promote the goal of economic <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2991a">42 USC 2991a.</ref></p></sidenote> and social self-sufficiency for American Indians, Hawaiian Natives and Alaskan Natives.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“financial assistance for native american projects</inline></heading> <num value="803"><inline class="smallCaps">“Sec.</inline> 803.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary is authorized to provide financial assistance <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2991b">42 USC 2991b.</ref></p></sidenote> to public and nonprofit private agencies, including but not limited to, governing bodies of Indian tribes on Federal and State reservations, Alaskan Native villages and regional corporations established by the Alaska Native Claims Settlement Act, and such public and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s1061">43 USC 1061</ref> note.</p></sidenote> nonprofit private agencies serving Hawaiian Natives, and Indian organizations in urban or rural nonreservation areas, for projects pertaining to the purposes of this title. In determining the projects to be assisted under this title, the Secretary shall consult with other Federal agencies for the purpose of eliminating duplication or conflict among similar activities or projects and for the purpose of determining whether the findings resulting from those projects may be incorporated into one or more programs for which those agencies are responsible.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Financial assistance extended to an agency under this title shall not exceed 80 per centum of the approved costs of the assisted project, except that the Secretary may approve assistance in excess of such percentage if he determines, in accordance with regulations establishing objective criteria, that such action is required in furtherance of the purposes of this title. Non-Federal contributions may be in cash or in kind, fairly evaluated, including but not limited to plant, equipment, and services. The Secretary shall not require non-Federal contributions in excess of 20 per centum of the approved costs of programs or activities assisted under this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>No project shall be approved for assistance under this title unless the Secretary is satisfied that the activities to be carried out under such project will be in addition to, and not in substitution for, comparable activities previously carried out without Federal assistance, except that the Secretary may waive this requirement in any case in which he determines, in accordance with regulations establishing objective criteria, that application of the requirement would result in unnecessary hardship or otherwise be inconsistent with the purposes of this title.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“technical assistance and training</inline></heading> <num value="804"><inline class="smallCaps">“Sec.</inline> 804.</num> <content>The Secretary may provide, directly or through other <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2991c">42 USC 2991c.</ref></p></sidenote> arrangements, (1) technical assistance to public and private agencies in developing, conducting, and administering projects under this title, and (2) short-term in-service training for specialized or other personnel which is needed in connection with projects receiving financial assistance under this title.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“research, demonstration, and pilot projects</inline></heading> <num value="805"><inline class="smallCaps">“Sec.</inline> 805.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary may provide financial assistance <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2991d">42 USC 2991d.</ref></p></sidenote> through grants or contracts for research, demonstration, or pilot proj-<page identifier="/us/stat/88/2325">88 <inline class="smallCaps">Stat.</inline> 2325</page>ects conducted by public or private agencies which are designed to test or assist in the development of new approaches or methods that will aid in overcoming special problems or otherwise furthering the purposes of this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The Secretary shall establish an overall plan to govern the approval of research, demonstration, and pilot projects and the use of all research authority under this title. The plan shall set forth specific objectives to be achieved and priorities among such objectives.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“announcement of research, demonstration, or pilot projects</inline></heading> <num value="806"><inline class="smallCaps">“Sec.</inline> 806.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Secretary shall make a public announcement <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2991e">42 USC 2991e.</ref></p></sidenote> concerning—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>the title, purpose, intended completion date, identity of the grantee or contractor, and proposed cost of any grant or contract with a private or non-Federal public agency for a research, demonstration, or pilot project; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>except in cases in which the Secretary determines that it would not be consistent with the purposes of this title, the results, findings, data, or recommendations made or reported as a result of such activities.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The public announcements required by subsection (a) shall be made within thirty days of making such grants or contracts, and the public announcements required by subsection (b) of this section shall be made within thirty days of the receipt of such results.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“submission of plans to state and local officials</inline></heading> <num value="807"><inline class="smallCaps">“Sec.</inline> 807.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">No financial assistance may be provided to any <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2991f">42 USC 2991f.</ref></p></sidenote> project under section 803 of this title or any research, demonstration, or pilot project under section 805 of this title, which is to be carried out on or in an Indian reservation or Alaskan Native village, unless a plan setting forth the project has been submitted to the governing body of that reservation or village and the plan has not been disapproved by the governing body within thirty days of its submission.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>No financial assistance may be provided to any project under section 803 of this title or any research, demonstration, or pilot project under section 805 of this title, which is to be carried out in a State other than on or in an Indian reservation or Alaskan Native village or Hawaiian Homestead, unless the Secretary has notified the chief executive officer of the State of his decision to provide that assistance.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>No financial assistance may be provided to any project under section 803 of this title or any research, demonstration, or pilot project under section 805 of this title, which is to be carried out in a city, county, or other major political subdivision of a State, other than on or in an Indian reservation or Alaskan Native village, or Hawaiian Homestead, unless the Secretary has notified the local governing officials of the political subdivision of his decision to provide that assistance.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“records and audits</inline></heading> <num value="808"><inline class="smallCaps">“Sec.</inline> 808.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Each agency which receives financial assistance <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2991g">42 USC 2991g.</ref></p></sidenote> under this title shall keep such records as the Secretary may prescribe, including records which fully disclose the amount and disposition by that agency of such financial assistance, the total cost of the project in connection with which such financial assistance is given or used, the amount of that portion of the cost of the project supplied by other <page identifier="/us/stat/88/2326">88 <inline class="smallCaps">Stat.</inline> 2326</page> sources, and such other records as will facilitate an effective audit.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of any agency which receives financial assistance under this title that are pertinent to the financial assistance received under this title.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“appeals, notice, and hearing</inline></heading> <num value="809"><inline class="smallCaps">“Sec.</inline> 809.</num> <chapeau>The Secretary shall prescribe procedures to assure that—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2991h">42 USC 2991h.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>financial assistance under this title shall not be suspended, except in emergency situations, unless the assisted agency has been given reasonable notice and opportunity to show cause why such action should not be taken; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>financial assistance under this title shall not be terminated, and application for refunding shall not be denied, and a suspension of financial assistance shall not be continued for longer than thirty days, unless the assisted agency has been afforded reasonable notice and opportunity for a full and fair hearing.</content></paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“evaluation</inline></heading> <num value="810"><inline class="smallCaps">“Sec.</inline> 810.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary shall provide, directly or through <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2992">42 USC 2992.</ref></p></sidenote> grants or contracts, for the evaluation of projects assisted under this title, including evaluations that describe and measure the impact of such projects, their effectiveness in achieving stated goals, their impact on related programs, and their structure and mechanisms for delivery of services, including, where appropriate, comparisons with appropriate control groups composed of persons who have not participated in such projects. Evaluations shall be conducted by persons not directly involved in the administration of the program or project evaluated.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Prior to obligating funds for the programs and projects covered by this title with respect to fiscal year 1976, the Secretary shall develop and publish general standards for evaluation of program and project effectiveness in achieving the objectives of this title. The extent to which such standards have been met shall be considered in deciding whether to renew or supplement financial assistance authorized under this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>In carrying out evaluations under this title, the Secretary may require agencies which receive assistance under this title to provide for independent evaluations.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>In carrying out evaluations under this title, the Secretary shall, whenever feasible, arrange to obtain the specific views of persons participating in and served by programs and projects assisted under this title about such programs and projects.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <content>The Secretary shall publish the results of evaluative research and summaries of evaluations of program and project impact and effectiveness not later than ninety days after the completion thereof. The Secretary shall submit to the appropriate committees of the Congress <sidenote><p class="indent0 firstIndent1 fontsize8">Studies and summaries, submittal to congressional committees.</p></sidenote> copies of all such research studies and evaluation summaries.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <content>The Secretary shall take the necessary action to assure that all studies, evaluations, proposals, and data produced or developed with assistance under this title shall become the property of the United States.</content></subsection> </section> <page identifier="/us/stat/88/2327">88 <inline class="smallCaps">Stat.</inline> 2327</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“labor standards</inline></heading> <num value="811"><inline class="smallCaps">“Sec.</inline> 811.</num> <content>All laborers and mechanics employed by contractors or <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2992a">42 USC 2992a.</ref></p></sidenote> subcontractors in the construction, alteration, or repair, including painting or decorating, of buildings or other facilities in connection with projects assisted under this title, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s276a">40 USC 276a</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/app">5 USC app.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s276c">42 USC 276c.</ref></p></sidenote> shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with the Davis-Bacon Act. The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950, and section 2 of the Act of June 1, 1934.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“delegation of authority</inline></heading> <num value="812"><inline class="smallCaps">“Sec.</inline> 812.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary is authorized to delegate to the heads <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2992b">42 USC 2992b.</ref></p></sidenote> of other departments and agencies of the Federal Government any of his functions, powers, and duties under this title, as he may deem appropriate, and to authorize the redelgation of such functions, powers, and duties by the heads of such departments and agencies.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Departments and agencies of the Federal Government shall exercise their powers, duties, and functions in such manner as will assist in carrying out the objectives of this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>Funds appropriated for the purpose of carrying out this title may be transferred between departments and agencies of the Government, if such funds are used for the purposes for which they are authorized and appropriated.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“definitions</inline></heading> <num value="813"><inline class="smallCaps">“Sec.</inline> 813.</num> <chapeau>As used in this title, the term—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2992c">42 USC 2992c.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>‘financial assistance’ includes assistance advanced by grant, agreement, or contract, but does not include the procurement of plant or equipment, or goods or services;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>‘Indian reservation or Alaskan Native village’ includes the reservation of any federally or State recognized Indian tribe, including any band, nation, pueblo, or rancheria, any former reservation in Oklahoma, any community under the jurisdiction of an Indian tribe, including a band, nation, pueblo, or rancheria, with allotted lands or lands subject to a restriction against alienation imposed by the United States or a State, and any lands of or under the jurisdiction of an Alaskan Native village or group, including any lands selected by Alaskan Natives or Alaskan Native organizations under the Alaska Native Claims Settlement Act;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>‘Native Hawaiian’ means any individual any of whose ancestors were natives of the area which consists of the Hawaiian Islands prior to 1778.</content></paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“authorization of appropriations</inline></heading> <num value="814"><inline class="smallCaps">“Sec.</inline> 814.</num> <content>There are authorized to be appropriated for the purpose <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2992d">42 USC 2992d.</ref></p></sidenote> of carrying out the provisions of this title, such sums as may be necessary for fiscal years 1975 through 1977.”</content> </section>
evaluation Sec. 12. Title IX of the Economic Opportunity Act of 1964 is amended to read as follows: 88 Stat. 2328 <num value="IX">“TITLE IX—</num><heading class="inline">EVALUATION</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“program and project evaluation</inline></heading> <num value="901"><inline class="smallCaps">“Sec.</inline> 901.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Director shall, directly or through grants or <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2995">42 USC 2995.</ref></p></sidenote> contracts, measure and evaluate the impact of all programs authorized by this Act and of poverty-related programs authorized by other Acts, in order to determine their effectiveness in achieving stated goals, their impact on related programs, and their structure and mechanisms for delivery of services, including where appropriate, comparisons with appropriate control groups composed of persons who have not participated in such programs. Evaluations shall be conducted by persons not directly involved in the administration of the program or project evaluated.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <chapeau>In carrying out his responsibilities under this section, the Director, in the case of research, demonstrations, and related activities carried out under title I of this Act, shall, after taking into consideration the views of State agencies and community action agencies designated pursuant to section 210 of this Act, on an annual basis—<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 2294.</p></sidenote></chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>reassess priorities to which such activities should be directed; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>review present research, demonstration, and related activities to determine, in terms of the purpose specified for such activities in section 102(a) of this Act, whether and on what basis <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 2292.</p></sidenote> such activities should be continued, revised, or terminated.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>The Director shall, within 12 months after the date of enactment <sidenote><p class="indent0 firstIndent1 fontsize8">Report to Congressional committees.</p></sidenote> of this Act, and on each April 1 thereafter, prepare and furnish to the appropriate committees of the Congress a complete report on the determination and review carried out under paragraph (2) of this subsection, together with such recommendations, including any recommendations for additional legislation, as he deems appropriate.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Prior to obligating funds for the programs and projects covered by this Act with respect to fiscal year 1976, the Director shall develop and publish general standards for evaluation of program and project effectiveness in achieving the objectives of this Act. The extent to which such standards have been met shall be considered in deciding whether to renew or supplement financial assistance authorized under any section of this Act. Reports submitted pursuant to section 608 of this Act shall describe the actions taken as a result of these <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2948">42 USC 2948.</ref></p></sidenote> evaluations.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>In carrying out evaluations under this title, the Director shall, whenever feasible, arrange to obtain the specific views of persons participating in and served by programs and projects assisted under this Act about such programs and projects, and shall consult, when appropriate, with State agencies and community action agencies designated pursuant to section 210, in order to provide for jointly sponsored objective evaluation studies on a State or areawide basis.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>The Director shall publish the results of evaluative research <sidenote><p class="indent0 firstIndent1 fontsize8">Studies and summaries, submittal to congressional committees.</p></sidenote> and summaries of evaluations of program and project impact and effectiveness not later than ninety days after the completion thereof. The Director shall submit to the appropriate committees of the Congress copies of all such research studies and evaluation summaries.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <content>The Director shall take the necessary action to assure that all studies, evaluations, proposals, and data produced or developed with assistance under this Act shall become the property of the United States.</content></subsection> </section> <page identifier="/us/stat/88/2329">88 <inline class="smallCaps">Stat.</inline> 2329</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“cooperation of and consultation with other federal agencies</inline></heading> <num value="902"><inline class="smallCaps">“Sec.</inline> 902.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Such information and cooperation as the Director <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2995a">42 USC 2995a.</ref></p></sidenote> may deem necessary for purposes of the evaluations conducted under this title shall be made available to him, upon request, by the agencies of the executive branch.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>In carrying out evaluations under this title, the Director shall consult with the heads of other Federal agencies carrying out activities related to the subject matter of those evaluations.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“evaluation by other administering agencies</inline></heading> <num value="903"><inline class="smallCaps">“Sec.</inline> 903.</num> <content>The head of any agency administering a program authorized <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2995b">42 USC 2995b.</ref></p></sidenote> under this Act may, with respect to such program, conduct evaluations and take other actions authorized under this title to the same extent and in the same manner as the Director under this part. Nothing in this section shall preclude the Director from conducting such evaluations or taking such actions otherwise authorized under this title with respect to such programs.”</content> </section>
congressional review Sec. 13. (a) The Senate Committee on Labor and Public Welfare

42 USC 2981 note.

 and the House Committee on Education and Labor shall conduct joint study which shall include— (1) a consideration of an appropriate administrative agency for the conduct of programs after July 1, 1975, under title VII of the Economic Opportunity Act,

Ante, p. 2315.

 (2) review the extent to which programs and activities conducted under title VII of the Economic Opportunity Act meet the overall need in the Nation for community economic development programs and the resources available from public and private funds in meeting those needs, and (3) the extent to which there is maximum utilization of the resources of all Federal agencies having responsibilities under title VII of the Economic Opportunity Act, and other public and private agencies and organizations. (b) The Senate Committee on Labor and Public Welfare and the

Report.

 House Committee on Education and Labor shall submit such reports as they deem appropriate on their findings, together with any recommendations for further legislation, not later than one year after enactment of this title.
extension of program authority Sec. 14. (a) Sections 245, 321, and 615 of the Economic Opportunity Act of 1964, are each amended by striking out “eight succeeding fiscal

42 USC 2837, 2871, 2965.

 years” and inserting in lieu thereof “eleven succeeding fiscal years”. (b) Section 523 of such Act (redesignated as section 583 by section

42 USC 2933.

 3(c) of this Act) is amended by striking out “seven succeeding fiscal years” and inserting in lieu thereof “ten succeeding fiscal years”.
authorization of appropriations Sec. 15. (a)(1) For the purpose of carrying out title I, title II,

42 USC 2707.

Ante, p. 2292.

42 USC 2841.

Ante, pp. 2298–2328.

 title III, title IV, title V, title VI, title VII, title VIII, and title IX of the Economic Opportunity Act of 1964, there are authorized to be 88 Stat. 2330 appropriated such sums as may be necessary for each of the fiscal years 1975 through 1977. (2) For the purpose of carrying out the programs authorized under section 221 there is authorized to be appropriated $330,000,000 for

42 USC 2808.

 the fiscal year 1975 and such sums as may be necessary for each of the two succeeding fiscal years. (b) Unless the Congress has passed or formally rejected legislation extending the authorizations of appropriations for carrying out any title of the Economic Opportunity Act of 1964 specified in subsection

42 USC 2701 note.

 (a) of this section, or adopts a concurrent resolution providing that the provisions of this subsection shall not apply, the authorizations of appropriations specified in subsection (a) are hereby automatically extended for one additional fiscal year beyond the terminal year specified in the Economic Opportunity Act of 1964 or in this section.
repealer Sec. 16. (a) Section 115 of the Economic Opportunity Amendments of 1969 is repealed.

42 USC 2705.

 (b) Section 301 of the Economic Opportunity Amendments of 1967

42 USC 2703.

 is repealed.
Approved January 4, 1975.
Public Law 93–645: To provide for a plan for the preservation, interpretation, development, and use of the historic, cultural, and architectural resources of the Lowell Historic Canal District in Lowell, Massachusetts, and for other purposes. Public Law 645 Public Law 93–645 1975-01-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–645
AN ACT To provide for a plan for the preservation, interpretation, development, and use of the historic, cultural, and architectural resources of the Lowell Historic Canal District in Lowell, Massachusetts, and for other purposes.

January 4, 1975

[H. R. 14689]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That for the purpose

Lowell Historic Canal District Commission.

Establishment.

16 USC 461 note.

 of preserving and interpreting for the educational and inspirational benefit of present and future generations the unique and significant contribution to our national heritage of certain historic and cultural lands, waterways, and edifices in the city of Lowell, Massachusetts (the cradle of the industrial revolution in America as well as America’s first planned industrial city) with emphasis on harnessing this unique urban environment for its educational value as well as for recreation, there is hereby established the Lowell Historic Canal District Commission (hereinafter referred to as the “Commission”), the purpose of which shall be to prepare a plan for the preservation, interpretation, development, and use, by public and private entities, of the historic, cultural, and architectural resources of the Lowell Historic Canal District in the city of Lowell, Massachusetts.
Sec. 2. (a) The Commission shall consist of nine members, as

Membership.

16 USC 461 note.

 follows: (1) the Secretary of the Interior, the Secretary of Housing and Urban Development, the Secretary of Transportation, and the Secretary of Commerce, all ex officio; and 88 Stat. 2331 (2) five members appointed by the Secretary of the Interior, one of whom shall be the Director of the National Park Service, two of whom shall be appointed from recommendations submitted by the manager of the city of Lowell, and two of whom shall be appointed from recommendations submitted by the Governor of the Commonwealth of Massachusetts. The members appointed pursuant to this paragraph shall have knowledge and experience in one or more of the fields of history, architecture, the arts, recreation planning, city planning, or government. (b) Each member of the Commission specified in paragraph (1) of subsection (a) and the Director of the National Park Service may designate an alternate official to serve in his stead. Members appointed pursuant to paragraph (2) of subsection (a) who are officers or employees of the Federal Government, the city of Lowell, or the Commonwealth of Massachusetts, shall serve without compensation as such. Other members, when engaged in activities of the Commission, shall be entitled to compensation at the rate of not to exceed $100 per diem. All members of the Commission shall receive reimbursement for necessary travel and subsistence expenses incurred by them in the performance of the duties of the Commission.
Sec. 3. (a) The Commission shall elect a Chairman from among

16 USC 461 note.

 its members. Financial and administrative services (including those relating to budgeting, accounting, financial reporting, personnel, and procurement) shall be provided for the Commission by the General Services Administration, for which payments shall be made in advance, or by reimbursement, from funds of the Commission in such amounts as may be agreed upon by the Chairman of the Commission and the Administrator, General Services Administration: Provided, That the regulations of the Department of the Interior for the collection

Regulations.

 of indebtedness of personnel resulting from erroneous payments shall apply to the collection of erroneous payments made to or on behalf of a Commission employee, and regulations of said Secretary for the administrative control of funds shall apply to appropriations of the Commission: And provided further, That the Commission shall not be required to prescribe such regulations. (b) The Commission shall have power to appoint and fix the compensation of such additional personnel as may be necessary to carry out its duties, without regard to the provisions of the civil service laws and the Classification Act of 1949.

5 USC 5101 et seq., 5331 et seq.

 (c) The Commission may also procure, without regard to the civil service laws and the Classification Act of 1949, temporary and intermittent services to the same extent as is authorized for the executive departments by section 15 of the Administrative Expenses Act of 1946, but at rates not to exceed $100 per diem for individuals.

5 USC 3109.

 (d) The members of the Commission specified in paragraph (1) of section 2(a) shall provide the Commission, on a reimbursable basis, with such facilities and services under their jurisdiction and control as may be needed by the Commission to carry out its duties, to the extent that such facilities and services are requested by the Commission and are otherwise available for that purpose. To the extent of available 88 Stat. 2332 appropriations, the Commission may obtain, by purchase, rental, donation, or otherwise, such additional property, facilities, and services as may be needed to carry out its duties. Upon the termination of the Commission all property, personal and real, and unexpended funds shall be transferred to the Department of the Interior.
Sec. 4. It shall be the duty of the Commission to prepare the plan

Plan, submittal to Congress.

16 USC 461 note.

 referred to in the first section of this Act, and to submit the plan together with any recommendations for additional legislation, to the Congress not later than two years from the effective date of this Act. The plan for the Lowell Historic Canal District shall include considerations and recommendations, without limitation, regarding (1) the objectives to be achieved by the establishment, development, and operation of the area; (2) the types of use, both public and private, to be accommodated; (3) criteria for the design and appearance of buildings, facilities, open spaces, and other improvements; (4) a program for the staging of development; (5) the anticipated interpretive, cultural, and recreational programs and uses for the area; (6) the proposed ownership and operation of all structures, facilities, and lands; (7) areas where cooperative agreements may be anticipated; (8) estimates of costs, both public and private, of implementing the plan; and (9) procedures to be used in implementing and insuring continuing conformance to the plan.
Sec. 5. The Commission shall be dissolved (1) upon the termination,

Termination.

16 USC 461 note.

 as determined by its members, of need for its continued existence for the implementation of the plan and the operation or coordination of the entity established by the plan, or (2) upon expiration of a two-year period commencing on the effective date of this Act, whereupon the completed plan has not been submitted to the Congress, whichever occurs first.
Sec. 6. It is contemplated that the plan to be developed may propose

16 USC 461 note.

 that the Commission may be authorized to— (1) acquire lands and interests therein within the Lowell Historic Canal District by purchase, lease, donation, or exchange; (2) hold, maintain, use, develop, or operate buildings, facilities, and any other properties; (3) sell, lease, or otherwise dispose of real or personal property as necessary to carry out the plan; (4) enter into and perform such contracts, leases, cooperative agreements, or other transactions with any agency or instrumentality of the United States, the Commonwealth of Massachusetts, and any governmental unit within its boundaries, or any person, firm, association, or corporation as may be necessary; (5) establish (through covenants, regulations, agreements, or otherwise) such restrictions, standards, and requirements as are necessary to assure development, maintenance, use, and protection of the Lowell Historic Canal District in accordance with the plan; and (6) borrow money from the Treasury of the United States in such amounts as may be authorized in appropriation Acts on the basis of obligations issued by the Commission in accordance with terms and conditions approved by the Secretary of the Treasury. The Secretary of the Treasury is authorized and directed to purchase any such obligations of the Commission.
Sec. 7. Title to property of the Commission shall be in the name

16 USC 461 note.

 of the Commission, but it shall not be subject to any Federal, State, or municipal taxes.
Sec. 8. There are authorized to be appropriated not to exceed

16 USC 461 note.

 $150,000 for the preparation of the plan authorized by this Act.
Approved January 4, 1975.
Public Law 93–646: To amend the Export-Import Bank Act of 1945, and for other purposes. Public Law646 Public Law 93–646 88 Stat. 2333 1975-01-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 2333 Public Law 93–646
AN ACT To amend the Export-Import Bank Act of 1945, and for other purposes.

January 4, 1975

[H. R. 15977]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Export-Import Bank Amendments of 1974.
short title Section 1. This Act may be cited as the “Export-Import Bank

12 USC 635

 Amendments of 1974”.
charter amendments Sec. 2. Section 2(a) (1) of the Export-Import Bank Act of 1945

12 USC 635.

 is amended— (1) by inserting in the third sentence immediately after “other evidences of indebtedness;” the following: “to guarantee, insure, coinsure, and reinsure against political and credit risks of loss;”; (2) by inserting in the third sentence immediately after “competent jurisdiction;” the following: “to represent itself or to contract for representation in all legal and arbitral proceedings outside the United States;”; and (3) by inserting after the fourth sentence the following new sentence: “The Bank is authorized to publish or arrange for the publication of any documents, reports, contracts, or other material necessary in connection with or in furtherance of its objects and purposes without regard to the provisions of section 501 of title 44, United States Code, whenever the Bank determines that publication in accordance with the provisions of such section would not be practicable.”.
policy Sec. 3. Section 2(b) (1) of the Export-Import Bank Act of 1945

12 USC 635.

 is amended to read as follows: “(b) (1) (A) It is the policy of the United States to foster expansion

Expansion of exports of goods and services.

 of exports of goods and related services, thereby contributing to the promotion and maintenance of high levels of employment and real income and to the increased development of the productive resources of the United States. To meet this objective, the Export-Import Bank is directed, in the exercise of its functions, to provide guarantees, insurance, and extensions of credit at rates and on terms and other conditions which are competitive with the Government-supported rates and terms and other conditions available for the financing of exports from the principal countries whose exporter’s compete with United States exporters. The Bank shall, in cooperation with the export financing instrumentalities of other governments, seek to minimize competition in government-supported export financing. The Bank

Reports to congressional committees.

 shall, on a semiannual basis, report to the appropriate committees of Congress its actions in complying with these directives. In this report the Bank shall include a survey of all other major export-financing facilities available from other governments and government-related agencies through which foreign exporters compete with the United States exporters and indicate in specific terms the ways in which the Bank’s rates, terms, and other conditions compare with those offered from such other governments directly or indirectly. Further, the Bank shall at the same time survey a representative number of United States exporters and United States commercial lending institutions which provide export credit to determine their experience in meeting financial competition from other countries whose exporters compete 88 Stat. 2334with United States exporters. The results of this survey shall be included as part of the semiannual report required by this subparagraph.

Report on energy-related loans.

The Bank shall also include in the semiannual report a description of each loan by the Bank involving the export of any product or service related to the production, refining or transportation of any type of energy or the development of any energy resource with a statement assessing the. impact, if any, on the availability of such products, services, or energy supplies thus developed for use within the United States. “(B) It is further the policy of the United States that loans made by the Bank shall bear interest at rates determined by the Board of Directors of the Bank, taking into consideration the average cost of money to the Bank as well as the Bank’s mandate to support United States exports at rates and on terms and conditions which are competitive with exports of other countries; that the Bank in the exercise of its functions should supplement, and encourage, and not compete with, private capital; that the Bank shall accord equal opportunity to export agents and managers, independent export firms, and small commercial banks in the formulation and implementation of its programs; that the Bank shall give due recognition to the policy stated

15 USC 631.

in section 2(a) of the Small Business Act that ‘the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small business concerns in order to preserve free competitive enterprise’ and that in furtherance of this policy the Board of Directors shall designate an officer of the Bank who shall be responsible to the President of the Bank for all matters concerning or affecting small business concerns and who, among other duties, shall be responsible for advising small businessmen of the opportunities for small business concerns in the functions of the Bank and for maintaining liaison with the Small Business Administration and other departments and agencies in matters affecting small business concerns; that loans, so far as possible consistent with the carrying out of the purposes of subsection (a) of this section, shall generally be for specific purposes, and, in the judgment of the Board or Directors, offer reasonable assurance of repayment; and that in authorizing any loan or guarantee, the Board of Directors shall take into account any serious adverse effect of such loan or guarantee on the competitive position of United States industry, the availability of materials which are in short, supply in the United States, and employment in the United States.”.
national interest determinations Sec. 4.

12 USC 635.

 Section 2(b) (2) of the Export-Import Bank Act of 1945 is amended to read as follows: “(2) The Bank in the exercise of its functions shall not guarantee, insure, or extend credit or participate in any extension of credit— “(A) in connection with the purchase or lease of any product by a Communist country (as defined in section 620(f) of the Foreign

22 USC 2370.

Assistance Act of 1961), or agency, or national thereof, or “(B) in connection with the purchase or lease of any product by any other foreign country, or agency or national thereof, if the product to be purchased or leased by such other country, agency, or national is, to the knowledge of the Bank, principally for use in, or sale or lease to, a Communist country (as so defined), unless the President determines that guarantees, insurance, or extensions of credit in connection therewith to such Communist or such other country or agency or national thereof would be in the national interest. The President shall make a separate determination with respect to each transaction in which the Bank would extend a loan to such Communist or such other country, or agency, or national thereof 88 Stat. 2335an amount of $50,000,000 or more. Any determination required under

Report to Congress.

 the first sentence of this paragraph shall be reported to the Congress not later than the earlier of thirty days following the date of such determination, or the date on which the Bank takes final action on a transaction which is the first transaction involving such country or agency or national after the date of enactment of the Export-Import Bank Amendments of 1974, unless a determination with respect to

Ante, p. 2333.

 such country or agency or national has been made and reported prior to such date of enactment. Any determination required to be made under the second sentence of this paragraph shall be reported to the Congress not later than the earlier of thirty days following the date of such determination or the date on which the Bank takes final action on the transaction involved.”
congressional notification Sec. 5. Section 2(b) of the Export-Import Bank Act of 1945 is

12 USC 635.

 amended— (1) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6) respectively; and (2) by inserting after paragraph (2) the following new paragraph: “(3) No loan or financial guarantee or combination thereof in an amount which equals or exceeds $60,000,000 shall be finally approved by the Board of Directors of the Bank, and no loan or financial guarantee or combination thereof which equals or exceeds $25,000,000 for the export of goods or services involving research, exploration, or production of fossil fuel energy resources in the Union of Soviet Socialist Republics shall be finally approved by the Board of Directors of the Bank, unless in each case the Bank has submitted to the Congress with respect to such loan, financial guarantee, or combination thereof, a detailed statement describing and explaining the transaction, at least 25 days of continuous session of the Congress prior to the date of final approval. For the purpose of the preceding sentence, continuity of a session of the Congress shall be considered as broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain shall be excluded in the computation of the 25 day period referred to in such sentence. Such statement shall contain— “(A) a brief description of the purposes of the transaction, the identity of the party or parties requesting the loan or financial guarantee, the nature of the goods or services to be exported, and the use for which the goods or services are to be exported; and “(B) a full explanation of the reasons for Bank financing of the transaction, the amount of the loan to be provided by the Bank, the approximate rate and repayment terms at which such loan will be made available and the approximate amount of the financial guarantee.”
fractional charge of guarantees and insurance Sec. 6. Section 2(c) (1) of the Export-Import Bank Act of 1945 is

12 USC 635.

 amended to read as follows: “(c) (1) The Bank is authorized and empowered to charge against the limitations imposed by section 7 of this Act. not less than 25 per

12 USC 635e.

 centum of the related contractual liability which the Bank incurs for 88 Stat. 2336guarantees, insurance, coinsurance, and reinsurance against political and credit risks of loss. The aggregate amount of guarantees, insurance, coinsurance, and reinsurance which may be charged on this fractional basis pursuant to this section shall not exceed $20,000,000,000 outstanding at any one time. Fees and premiums shall be charged in connection with such contracts commensurate, in the judgment of the Bank, with risks covered.”.
interest rate on obligations of the bank Sec. 7.

12 USC 635d.

 Section 6 of the Export-Import Bank Act of 1945 is amended by striking the third sentence and inserting in lieu thereof the following new sentence: “Each such Bank obligation issued to the Treasury after the enactment of the Export-Import Bank Amendments of 1974 shall bear interest at a rate not less than the current average yield on outstanding marketable obligations of the United States of comparable maturity during the month preceding the issuance of the obligation of the Bank as determined by the Secretary of the Treasury.”.
authority Sec. 8.

12 USC 635e.

 Section 7 of the Export-Import Bank Act of 1945 is amended— (1) by inserting “(a)” after “Sec. 7”; (2) by striking out “$20,000,000,000” and inserting in lieu thereof “$25,000,000,000”; and (3) by adding at the end thereof the following:

Exports to U.S.S.R.

Ante, p. 2333.

“(b) After the date of enactment of the Export-Import Bank Amendments of 1974, the Bank shall not approve any loans or financial guarantees, or combination thereof, in connection with exports to the Union of Soviet Socialist Republics in an aggregate amount in excess of $300,000,000. No such loan or financial guarantee, or combination thereof, shall be for the purchase, lease, or procurement of any product or service for production (including processing and distribution) of fossil fuel energy resources. Not more than $40,000,000 of such aggregate amount shall be for the purchase, lease, or procurement of any product or service which involves research or exploration of fossil fuel

Presidential determination; report to Congress.

energy resources. The President may establish a limitation in excess of $300,000,000 if he determines that such higher limitation is in the national interest and if he reports such determination to the Congress together with the reasons therefor, including the amount of such proposed increase which would be available for the export of products and services for research, exploration, and production (including processing and distribution) or fossil fuel energy resources in the Union of Soviet Socialist Republics, and if, after the receipt of such report together with the reasons, the Congress adopts a concurrent resolution approving such determination.”
expiration Sec. 9.

Ante, p. 1368.

 Section 8 of the Export-Import Bank Act of 1945 is amended by striking out “November 30, 1974” and inserting in lieu thereof “June 30, 1978”.
report Sec. 10.

12 USC 635g.

 Section 9 of the Export-Import Bank Act of 1945 is amended to read as follows:
“Sec. 9.

Annual report to Congress.

 (a) The Export-Import Bank of the United States shall transmit to the Congress annually a complete and detailed report of its operations. Such report shall be as of the close of business on the last day of each fiscal year. 88 Stat. 2337 “(b) The report shall contain a description of actions taken by the Bank in pursuance of the policy of aiding, counseling, assisting, and protecting, insofar as is possible, the interests of small business concerns.”
ceiling on borrowing by national banks Sec. 11. Section 5202 of the Revised Statutes, as amended (12 U.S.C. 821, is amended by adding at the end thereof the following: “Twelfth. Liabilities incurred in borowing from the Export-Import Bank of the United States.”.
relationship to the trade reform act Sec. 12. Until such time as the Trade Reform Act is approved by the

12 USC 635 note.

Ante, p. 1978.

 Congress and signed into law by the President, no loan, guarantee, insurance, or credit shall be extended by the Export-Import Bank of the United States to the Union of Soviet Socialist Republics.
repeal of section 2(a)(2) Sec. 13. Effective at the close of September 30, 1976, section 2(a)(2) of the Export-Import Bank Act of 1945 is repealed.

12 USC 635.
Approved January 4, 1975.
Public Law 93–647: To amend the Social Security Act to establish a consolidate program of Federal financial assistance to encourage provision of services by the States. Public Law647 Public Law 93–647 88 Stat. 2337 1975-01-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–647
AN ACT To amend the Social Security Act to establish a consolidate program of Federal financial assistance to encourage provision of services by the States.

January 4, 1975

[H. R. 17045]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may be

Social Services Amendments of 1974.

42 USC 1397 note.

 cited as the “Social Services Amendments of 1974”.
Part A— Social Services Amendments
Sec. 2. The Social Security Act is amended by inserting at the end

42 USC 1305.

 thereof the following new title: <num value="XX">“TITLE XX—</num> <heading class="inline">GRANTS TO STATES FOR SERVICES</heading> <section> <heading class="smallCaps centered">“appropriation authorized</heading> <num value="2001">“<inline class="smallCaps">Sec</inline>. 2001. </num> <chapeau class="inline">For the purpose, of encouraging each State, as far practicable<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1397">42 USC 1397.</ref></p></sidenote> under the conditions in that State, to furnish services directed at the goal of—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">achieving or maintaining economic self-support to prevent, reduce, or eliminate dependency,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">achieving or maintaining self-sufficiency, including reduction or prevention of dependency,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">preventing or remedying neglect, abuse, or exploitation of children and adults unable to protect their own interests, or preserving, rehabilitating, or reuniting families,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">preventing or reducing inappropriate institutional care by providing for community-based care, home-based care, or other forms of less intensive care, or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">securing referral or admission for institutional care when other forms of care are not appropriate, or providing services to individuals in institutions,</content> </paragraph> <continuation class="fontsize10">there is authorized to be appropriated for each fiscal year a sum sufficient to carry out the purposes of this title. The sums made available under this section shall be used for making payments to States under section 2002.<sidenote><p class="firstIndent1 fontsize8"><i>Infra</i>.</p></sidenote></continuation> </section> <section> <heading class="smallCaps centered">“payments to states</heading> <num value="2002">“<inline class="smallCaps">Sec</inline>. 2002. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">From the sums appropriated therefor, the Secretary<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1397a">42 USC 1397a.</ref></p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 2343.</p></sidenote> shall, subject to the provisions of this section and section 2003, pay to each State, for each quarter, an amount equal to 90 per centum of the total expenditures during that quarter for the provision of fam-<page identifier="/us/stat/88/2338">88 <inline class="smallCaps">Stat</inline>. 2338</page>ily planning services and 75 per centum of the total expenditures during that quarter for the provision of other services directed at the goal of—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">achieving or maintaining economic self-support to prevent, reduce, or eliminate dependency,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">achieving or maintaining self-sufficiency, including reduction or prevention of dependency,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">preventing or remedying neglect, abuse, or exploitation of children and adults unable to protect their own interests, or preserving, rehabilitating, or reuniting families,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">preventing or reducing inappropriate institutional care by providing for community-based care, home-based care, or other forms of less intensive care, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content class="inline">securing referral or admission for institutional care when other forms of care are not appropriate, or providing services to individuals in institutions,</content> </subparagraph> <continuation class="fontsize10">including expenditures for administration (including planning and evaluation) and personnel training and retraining directly related to the provision of those services (including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions). Services that are directed at these goals include, but are not limited to, child care services, protective services for children and adults, services for children and adults in foster care, services related to the management and maintenance of the home, day care services for adults, transportation services, training and related services, employment services, information, referral, and counseling services, the preparation and delivery of meals, health support services and appropriate combinations of services designed to meet the special needs of children, the aged, the mentally retarded, the blind, the emotionally disturbed, the physically handicapped, and alcoholics and drug addicts.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Limitation.</p></sidenote>“(2)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">No payment with respect to any expenditures other than expenditures for personnel training or retraining directly related to the provision of services may be made under this section to any State for any fiscal year in excess of an amount which bears the same ratio to $2,500,000,000 as the population of that State bears to the population of the fifty States and the District of Columbia. The Secretary shall promulgate the limitation applicable to each State for each fiscal year under this paragraph prior to the first day of the third month of the preceding fiscal year, as determined on the basis of the most recent satisfactory data available from the Department of Commerce.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">Each State with respect to which a limitation is promulgated under subparagraph (A) for any fiscal year shall, at the earliest practicable date after the commencement of such fiscal year (and in accordance with regulations prescribed by the Secretary), certify to the Secretary whether the amount of its limitation is greater or less than the amount needed by the State, for uses to which the limitation applies, for such fiscal year and, if so, the amount by which the amount of such limitation is greater or less than such need. </content> </subparagraph> <page identifier="/us/stat/88/2339">88 <inline class="smallCaps">Stat</inline>. 2339</page> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">If any State certifies, in accordance with subparagraph (B), that the amount of its limitation for any fiscal year is greater than its need for such year, then the amount of the limitation of such State for such year shall be reduced by the excess of its limitation amount over its need, and the amount of such reduction shall be available for allotment as provided in subparagraph (D).</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">Of the amounts made available, pursuant to subparagraph (C), for allotment for any fiscal year, the Secretary (i) shall allot to the jurisdiction of Puerto Rico $15,000,000, to the jurisdiction of Guam $500,000, and to the jurisdiction of the Virgin Islands $500,000, which shall be. available to each such jurisdiction in addition to amounts available under section 1108 for purposes of matching the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1308">42 USC 1308.</ref></p></sidenote> expenditures of such jurisdictions for services pursuant to sections 3(a)(4) and (5), 403(a)(3), 1003(a)(3) and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s303/s603/s1203/s1353/s1383">42 USC 303, 603, 1203, 1353, 1383 note.</ref></p></sidenote> (4) 1403(a)(3) and (4), and 1603(a)(4) and (5): <proviso><i>Provided,</i> That if the amounts made available, pursuant to subparagraph (C), are insufficient to meet the requirements of this clause, then such amounts as are available shall be allotted to each of the three jurisdictions in proportion to their respective populations.</proviso></content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">No payment may be made under this section to any State with respect to any expenditure for the provision of any service to any individual unless—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">the State’s services program planning meets the requirements of section 2004, and<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p, 2346.</p></sidenote></content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">the final comprehensive annual services plan in effect when the service is provided to the individual includes the provision of that service to a category of individuals which includes that individual in the descriptions required by section 2004(2) (B) and (C) of the services to be provided under the plan and the categories of individuals to whom the services are to be provided.</content> </subparagraph> <continuation class="fontsize10">The Secretary may not deny payment under this section to any State<sidenote><p class="firstIndent1 fontsize8">Payment denial, prohibition.</p></sidenote> with respect to any expenditure on the ground that it is not an expenditure for the provision of a service or is not an expenditure for the provision of a service directed at a goal described in paragraph (1) of this subsection.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <chapeau class="inline">So much of the aggregate expenditures with respect to which payment is made under this section to any State for any fiscal year as equals 50 per centum of the payment made under this section to the State for that fiscal year must be expended for the provision of services to individuals—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">who are receiving aid under the plan of the State approved under part A of title IV or who are eligible to receive<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s601">42 USC 601.</ref></p></sidenote> such aid, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">whose needs are taken into account in determining the needs of an individual who is receiving aid under the plan of the State approved under part A of title IV, or who are eligible to have their needs taken into account in determining the needs of an individual who is receiving or is eligible to receive such aid, or</content> </subparagraph> <page identifier="/us/stat/88/2340">88 <inline class="smallCaps">Stat</inline>. 2340</page> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">with respect to whom supplemental security income benefits <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1381">42 USC 1381.</ref></p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 2348.</p></sidenote>under title XVI or State supplementary payments, as defined in section 2007 (1), are being paid, or who are eligible to have such benefits or payments paid with respect to them, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">whose income and resources are taken into account in determining the amount of supplemental security income benefits or State supplementary payments, as defined in section 2007(1), being paid with respect to an individual, or whose income and resources would be taken into account in determining the amount of such benefits or payments to be paid with respect to an individual who is eligible to have such benefits or payments paid with respect to him, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content class="inline">who are eligible for medical assistance under the plan of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1396">42 USC 1396.</ref></p></sidenote>the State approved under title XIX.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <chapeau class="inline">No payment may be made under this section to any State with respect to any expenditure for the provision of any service to any individual—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">who is receiving, or whose needs are taken into account in determining the needs of an individual who is receiving, aid under the plan of the State approved under part A of title IV, or with respect to whom supplemental security income benefits under title XVI or State supplementary payments, as defined in section 2007(1), are being paid, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">who is a member of a family the monthly gross income of which is less than the lower of—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">80 per centum of the median income of a family of four in the State, or</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">the median income of a family of four in the fifty States and the District of Columbia,</content> </clause> <continuation class="firstIndent1 fontsize10">adjusted, in accordance with regulations prescribed by the Secretary, to take into account the size of the family,</continuation> </subparagraph> <continuation class="fontsize10">if any fee or other charge (other than a voluntary contribution) imposed on the individual for the provision of that service is not consistent with such requirements (including requirements prohibiting the imposition of any such fee or charge) as the Secretary shall prescribe.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <chapeau class="inline">No payment may be made under this section to any State with respect to any expenditure for the provision of any service, other than an information or referral service or a service directed at the goal of preventing or remedying neglect, abuse, or exploitation of children and adults unable to protect their own interests, to any individual who is not an individual described in paragraph (5), and—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">who is a member of a family the monthly gross income of which exceeds 115 per centum of the median income of a family of four in the State, adjusted, in accordance with regulations prescribed by the Secretary, to take into account the size of the family, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">who is a member of a family the monthly gross income of which—</chapeau> <page identifier="/us/stat/88/2341">88 <inline class="smallCaps">Stat</inline>. 2341</page> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <chapeau class="inline">exceeds the low of—</chapeau> <subclause class="firstIndent1"> <num value="I">“(I) </num> <content class="inline">80 per centum of the median income of a family of four in the State, or</content> </subclause> <subclause class="firstIndent1"> <num value="II">“(II) </num> <content class="inline">the median income of a family of four in the fifty States and the District of Columbia,</content> </subclause> <continuation class="fontsize10">adjusted, in accordance with regulations prescribed by the. Secretary, to take into account the size of the family, and</continuation> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">does not exceed 115 per centum of the median income of a family of four in the State, adjusted, in accordance with regulations prescribed by the Secretary, to take into account the size of the family,</content> </clause> <continuation class="fontsize10">unless a fee or other charge reasonably related to income is imposed on the individual for the provision of the service.</continuation> </subparagraph> <continuation class="fontsize10">The Secretary shall promulgate the median income of a family of four in each State and the fifty States and the District of Columbia applicable to payments with respect to expenditures in each fiscal year prior to the first day of the third month of the preceding fiscal year.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">“(7) </num> <chapeau class="inline">No payment may be made under this section to any State with respect to any expenditure—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">for the provision of medical or any other remedial care, other than family planning services, unless it is an integral but subordinate part of a service described in paragraph (1) of this subsection and Federal financial participation with respect, to the expenditure is not available under the plan of the State approved under title XIX; or<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1396">42 USC 1396.</ref></p></sidenote></content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">for the purchase, construction, or major modification of any land, building or other facility, or fixed equipment; or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">which is in the form of goods or services provided in kind by a private entity; or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <chapeau class="inline">which is made from donated private funds, unless such funds—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">are transferred to the State and are under its administrative control, and</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">are donated to the State without restrictions as to use, other than restrictions as to the services with respect to which the funds are to be used imposed by a donor who is not a sponsor or operator of a program to provide those services, or the geographic area in which the services with respect to which the contribution is used are to be provided, and</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">do not revert to the donor’s facility or use if the. donor is other than a nonprofit organization; or</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content class="inline">for the provision of room or board (except as provided by paragraph (11) (C)) other than room or board provided for a period of not more than six consecutive months as an integral but subordinate part of a service described in paragraph (1) of this subsection.</content> </subparagraph> </paragraph> <page identifier="/us/stat/88/2342">88 <inline class="smallCaps">Stat</inline>. 2342</page> <paragraph class="indent1 fontsize10"> <num value="8">“(8) </num> <content class="inline">No payment may be made under this section with respect to any expenditure if payment is made with respect to that expenditure <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s603/s622">42 USC 603, 622.</ref></p></sidenote>under section 403 or 422 of this Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">“(9)</num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">No payment may be made under this section with respect to any expenditure in connection with the provision of any child day care service, unless—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">in the case of care provided in the child’s home, the care meets standards established by the State which are reasonably in accord with recommended standards of national standard-setting organizations concerned with the home care of children, or</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">in the case of care provided outside the child’s home, the care meets the Federal interagency day care requirements as approved by the Department of Health, Education, and Welfare and the Office of Economic Opportunity on September 23, 1968; except that (I) subdivision III of such requirements with respect to educational services shall be recommended to the States and not required, and staffing standards for school-age children in day care centers may be revised by the Secretary, (II) the staffing standards imposed with respect to such care in the case of children under age 3 shall conform to regulations prescribed by the Secretary, and (III) the staffing standards imposed with respect to such care in the case of children aged 10 to 14 shall require at least one adult for each 20 children, and in the case of school-aged children under age 10 shall require at least one adult for each 15 children,</content> </clause> <continuation class="fontsize10">except as provided in subparagraph (B).</continuation> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">The Secretary shall submit to the President of the Senate and the Speaker of the House of Representatives, after December 31, 1976, and prior to July 1, 1977, an evaluation of the appropriateness of the requirements imposed by subparagraph (A), together with any recommendations he may have for modification of those requirements. No earlier than ninety days after the submission of that report, the Secretary may, by regulation, make such modifications in the requirements imposed by subparagraph (A) as he determines are appropriate.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">The requirements imposed by this paragraph are in lieu of any requirements that would otherwise be applicable under section <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2310.</p></sidenote>522(d) of the Economic. Opportunity Act of 1964 to child day care services with respect to which payment is made under this section.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">“(10) </num> <content class="inline">No payment may be made under this section with respect to any expenditure for the provision of any educational service which the State makes generally available to its residents without cost and without regard to their income.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="11">“(11) </num> <chapeau class="inline">No payment may be made under this section with respect to any expenditure for the provision of any service to any individual living in any hospital, skilled nursing facility, or intermediate care facility (including any such hospital or facility for mental diseases or for the mentally retarded), any prison, or any foster family home except—</chapeau> <page identifier="/us/stat/88/2343">88 <inline class="smallCaps">Stat</inline>. 2343</page> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">any expenditure for the provision of a service that (i) is provided by other than the hospital facility, prison, or foster family home in which the individual is living, and (ii) is provided, under the State’s program for the provision of the services described in paragraph (1), to individuals who are not living in a hospital, skilled nursing facility, intermediate care facility, prison, or foster family home,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">any expenditure which is for the cost, in addition to the cost of basic foster care, of the provision, by a foster family home, to an individual living in that home, of a service which meets a special need of that individual, as determined under regulations prescribed by the Secretary, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">any expenditure for the provision of emergency shelter provided to a child, for not in excess of thirty days, as a protective service.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="12">“(12) </num> <content class="inline">No payment may be made under this section with respect to any expenditure for the provision of cash payments as a service.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="13">“(13) </num> <content class="inline">No payment may be made under this section with respect to any expenditure for the provision of any service to any individual to the extent that the provider of the service or the individual receiving the service is eligible to receive payment under title XVIII with<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1395">42 USC 1395.</ref></p></sidenote> respect to the provision of the service.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Prior to the beginning of each quarter the Secretary shall estimate the amount to which a State will be entitled under this section for that quarter on the basis of a report filed by the State containing its estimate of the amount to be expended during that quarter with respect to which payment must be made under this section, together with an explanation of the bases for that estimate.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The Secretary shall then pay to the State, in such installments as he may determine, the amount so estimated, reduced or increased to the extent of any overpayment or underpayment which the Secretary determines was made under this section to the State for any prior quarter and with respect to which adjustment has not already been made under this subsection.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">Upon the making of any estimate by the Secretary under this subsection, any appropriations available for payments under this section shall be deemed obligated.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">“program reporting</heading> <num value="2003">“<inline class="smallCaps">Sec</inline>. 2003. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Each State which participates in the program<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1397b">42 USC 1397b.</ref></p></sidenote> established by this title shall make such reports concerning its use of Federal social services funds as the Secretary may by regulation provide.”</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Each State which participates in the program established by this title shall assure that the aggregate expenditures from appropriated funds from the State and political subdivisions thereof for the provision of services during each services program year (as established under the requirements of section 2002(a) (3)) with respect to which<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p, 2337.</p></sidenote> payment is made under section 2002 is not less than the aggregate expenditures from such appropriated funds for the prevision of those, services during the fiscal year ending June 30, 1973, or the fiscal year ending June 30, 1974. with respect to which payment was made under the plan of the State approved under title I, VI, X, XIV, or XVI, or part A of title IV, whichever is less, except that the requirements of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s301/s801/s1201/s1351/s1381/s601">42 USC 301, 801, 1201, 1351, 1381, 601.</ref></p></sidenote> this subsection shall not apply to any State for any services program year if the payment to the State under section 2002, for each fiscal year any part of which is included in that services program year, with <page identifier="/us/stat/88/2344">88 <inline class="smallCaps">Stat</inline>. 2344</page>respect to expenditures other than expenditures for personnel training or retraining directly related to the provision of services, equals the <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2337.</p></sidenote>allotment of the State for that fiscal year under section 2002(a) (2).</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Notice, hearing opportunity.</p></sidenote>“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">If the Secretary, after reasonable notice and an opportunity for a hearing to the State, finds that there is a substantial failure to comply with any of the requirements imposed by subsections (a) and (b) of this section, he shall, except as provided in paragraph (2), notify the State that further payments will not be made to the State under section 2002 until he is satisfied that there will no longer be any such failure to comply, and until he is so satisfied he shall make no further payments to the State.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Payments termination, suspension.</p></sidenote>“(2) </num> <content class="inline">The Secretary may suspend implementation of any termination of payments under paragraph (1) for such period as he determines appropriate and instead reduce the amount otherwise payable to the State under section 2002 for expenditures during that period by 3 per centum for each of subsections (a) and (b) of this section with respect to which there was a finding of substantial noncompliance and with respect to which he is not yet satisfied that there will no longer be any such failure to comply.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">“(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Each State which participates in the program established by this title shall have a plan applicable to its program for the provision of the services described in section 2002(a) (1) which—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">provides that an opportunity for a fair hearing before the appropriate State agency will be granted to any individual whose claim for any service described in section 2002(a)(1) is denied or is not acted upon with reasonable promptness;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">provides that the use or disclosure of information obtained in connection with administration of the State’s program for the provision of the services described in section 2002(a) (1) concerning applicants for and recipients of those services will be restricted to purposes directly connected with the administration of that program, the plan of the State approved under part A of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s601/s620">42 USC 601, 620.</ref></p></sidenote>title IV, the plan of the State developed under part 13 of that title, the supplemental security income program established by <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1381/s1396">42 USC 1381, 1396.</ref></p></sidenote>title XVI, or the plan of the State approved under title XIX;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">provides for the designation, by the chief executive officer of the State or as otherwise provided by the laws of the State, of an appropriate agency which will administer or supervise the administration of the State’s program for the provision of the services described in section 2002(a) (1);</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">provides that the State will, in the administration of its program for the provision of the services described in section 2002(a)(1), use such methods relating to the establishment and maintenance of personnel standards on a merit basis as are found by the Secretary to be necessary for the proper and efficient operation of the program, except that the Secretary shall exercise no authority with respect to the selection, tenure, of office, or compensation of any individual employed in accordance with such methods;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content class="inline">provides that no durational residency or citizenship requirement will be, imposed as a condition to participation in the program of the State for the provision of the services described in section 2002(a) (1);</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">“(F) </num> <content class="inline">provides, if the State program for the provision of the services described in section 2002(a) (1) includes services to individuals living in institutions or foster homes, for the establishment or designation of a State authority or authorities which shall be responsible for establishing and maintaining standards for such <page identifier="/us/stat/88/2345">88 <inline class="smallCaps">Stat</inline>. 2345</page>institutions or homes which are reasonably in accord with recommended standards of national organizations concerned with standards for such institutions or homes, including standards related to admissions policies, safety, sanitation, and protection of civil rights;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="G">“(G) </num> <content class="inline">provides, if the State program for the provision of the services described in section 2002(a)(1) includes child day care<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2337.</p></sidenote> services, for the establishment or designation of a State authority or authorities which shall be responsible for establishing and maintaining standards for such services which are reasonably in accord with recommended standards of national organizations concerned with standards for such services, including standards related to admission policies for facilities providing such services, safety. sanitation, and protection of civil rights;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="H">“(H) </num> <content class="inline">provides that the State’s program for the provision of the services described in section 2002(a)(1) will be in effect in all political subdivisions of the State; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="I">“(I) </num> <content class="inline">provides for financial participation by the State in the provision of the services described in section 2002(a)(1).</content> </subparagraph> <continuation class="fontsize10">Notwithstanding clause (C), if on December 1, 1974, the State agency which administered or supervised the administration of the portion of the plan of the State for services to the aged, blind, or disabled approved under title VI of this Act which related to blind individuals<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s801">42 USC 801.</ref></p></sidenote> was different from the agency which administered or supervised the administration of the rest of that plan, the State agency which administered or supervised the administration of the portion of the plan of the State for services to the aged, blind, or disabled related to blind individuals may be designated to administer or supervise the administration of the portion of the State’s program for the provision of the services described in section 2002(a)(1) related to blind individuals and a separate State agency may be designated to administer or supervise the administration of the rest of the program; and in such case the part of the program which each agency administers, or the administration of which each agency supervises, shall lie regarded as a separate program for the provision of the services described in section 2002(a) (1) for purposes of this title. The date selected by the State pursuant to section 2004(1) as the beginning of the services program<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 2346.</p></sidenote> year for each of the separate programs shall be the same.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The Secretary shall approve any plan which complies with the provisions of paragraph (1).</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e">“(e)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">No payment may be made under section 2002 to any State which does not have a plan approved under subsection (g).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">In the case of any State plan which has been approved by the Secretary under subsection (d), if the Secretary, after reasonable<sidenote><p class="firstIndent1 fontsize8">Notice, hearing opportunity.</p></sidenote> notice and an opportunity for a hearing to the State, finds—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">that the plan no longer complies with the provisions of subsection (d) (1), or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">that in the administration of the plan there is a substantial failure to comply with any such provision,</content> </subparagraph> <continuation class="fontsize10">the Secretary shall, except as provided in paragraph (3), notify the State that further payments will not be made to the State under section 2002 until he is satisfied that there will no longer be any such failure. to comply, and until he is so satisfied he shall make no further payments to the State.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The Secretary may suspend implementation of any termination<sidenote><p class="firstIndent1 fontsize8">Payments termination, suspension.</p></sidenote> of payments under paragraph (2) for such period as he determines appropriate and instead reduce the amount otherwise payable to the <page identifier="/us/stat/88/2346">88 <inline class="smallCaps">Stat</inline>. 2346</page><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2337.</p></sidenote>State under section 2002 for expenditures during that period by 3 percent for each clause of subsection (d)(1) with, respect to which there is a finding of noncompliance and with respect to which he is not yet satisfied that there will no longer be any such failure to comply.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">“services program planning</heading> <num value="2004">“<inline class="smallCaps">Sec</inline>. 2004. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1397c">42 USC 1397c.</ref></p></sidenote> <chapeau class="inline">A State’s services program planning meets the requirements of this section if. for the purpose of assuring public participation in the development of the program for the provision of the services described in section 2002(a) (1) within the State—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">the beginning of the fiscal year of either the Federal Government or the State government is established as the beginning of the State’s services program year; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">at least ninety days prior to the beginning of the State’s services program year, the chief executive officer of the State, or such other official as the laws of the State provide, publishes and makes generally available (as defined in regulations prescribed by the Secretary after consideration of State laws governing notice of actions by public officials) to the public a proposed comprehensive annual services program plan prepared by the agency designated <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2343.</p></sidenote>pursuant to the requirements of section 2003 (d)(1)(C) and, unless the laws of the State provide otherwise, approved by the chief executive officer, which sets forth the State’s plan for the provision of the services described in section 2002(a) (1) during that year, including—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">the objectives to be achieved under the program,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">the services to be provided under the program, including at least one service directed at at least one of the goals in each of the five categories of goals set forth in section 2002(a)(1) (as determined by the State) and including at least three types of services (selected by the State) for individuals who are recipients of supplemental security income <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1381">42 USC 1381.</ref></p></sidenote>benefits under title X VI and who are in need of such services, together with a definition of those services and a description of their relationship to the objectives to be achieved under the program and the goals described in section 2002(a)(1),</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">the categories of individuals to whom those services are to be provided, including any categories based on the income of individuals or their families,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">the geographic areas In which those services are to be provided, and the nature and amount of the services to be provided in each area,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content class="inline">a description of the planning, evaluation, and reporting activities to be carried out under the program,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">“(F) </num> <content class="inline">the sources of the resources to be used to carry out the program,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="G">“(G) </num> <content class="inline">a description of the organizational structure through which the program will be administered, including the extent to which public and private agencies and volunteers will be utilized in the provision of services,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="H">“(H) </num> <content class="inline">a description of how the provision of services under the program will be coordinated with the plan of the State <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s601/s620">42 USC 601, 620.</ref></p></sidenote>approved under part A of title IV, the plan of the State developed under part B of that title, the supplemental security income program established by title XVI, the plan of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1396">42 USC 1396.</ref></p></sidenote>State approved under title XIX, and other programs for the provision of related human services within the State, includ-<page identifier="/us/stat/88/2347">88 <inline class="smallCaps">Stat</inline>. 2347</page>ing the steps taken to assure maximum feasible utilization of services under these programs to meet the needs of the low income population,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="I">“(I) </num> <content class="inline">the estimated expenditures under the program, including estimated expenditures with respect to each of the services to be provided, each of the categories of individuals to whom those services are to be provided, and each of the geographic areas in which those services are to be provided, and a comparison between estimated non-Federal expenditures under the program and non-Federal expenditures for the provision of the services described in section 2002(a)(1)<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2337.</p></sidenote> in the State during the preceding services program year, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="J">“(J) </num> <content class="inline">a description of the steps taken, or to be taken, to assure that the needs of all residents of, and all geographic areas in, the State were taken into account in the development of the plan; and</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">public comment on the proposed plan is accepted for a period of at least forty-five days; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">at least forty-five days after publication of the proposed plan and prior to the beginning of the State’s services program year, the chief executive officer of the State, or such other official as the laws of the State provide, publishes a final comprehensive annual services program plan prepared by the agency designed pursuant to the requirements of section 2003(d)(1)(C) and,<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 2343.</p></sidenote> unless the laws of the State provide otherwise, approved by the chief executive officer, which sets forth the same information required to be included in the proposed plan, together with an explanation of the differences between the proposed and final plan and the reasons therefor; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">any amendment to a final comprehensive services program plan is prepared by the agency designated pursuant to section 2003(d)(1)(C), approved by the chief executive officer of the State unless the laws of the State provide otherwise, and published by the chief executive officer of the State, or such other official as the laws of the State provide, as a proposed amendment on which public comment is accepted for a period of at least thirty days, and then prepared by the agency designated pursuant to section 2003(d)(1)(C). approved by the chief executive officer of the State unless the laws of the State provide otherwise, and published by the chief executive officer of the State, or such other official as the laws of the State provide, as a final amendment, together with an explanation of the differences between the proposed and final amendment and the reasons therefor.</content> </paragraph> </section> <section> <heading class="smallCaps centered">“effective date of regulations published by the secretary</heading> <num value="2005">“<inline class="smallCaps">Sec</inline>. 2005. </num> <content class="inline">No final regulation published by the Secretary under<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1397d">42 USC 1397d.</ref></p></sidenote> this title shall be effective with respect to payments under section 2002 for expenditures during any quarter commencing before the beginning of the first services program year established by the State under the requirements of section 2002(a) (3) which begins at least sixty days after the publication of the final regulation.</content> </section> <section> <heading class="smallCaps centered">“evaluation; program assistance</heading> <num value="2006">“<inline class="smallCaps">Sec</inline>. 2006. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Secretary shall provide for the continuing<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1397e">42 USC 1397e.</ref></p></sidenote> evaluation of State programs for the provision of the services described in section 2002(a) (1).</content> </subsection> <page identifier="/us/stat/88/2348">88 <inline class="smallCaps">Stat</inline>. 2348</page> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote>“(b) </num> <content class="inline">The Secretary shall make available to the States assistance with respect to the content of their services program, and their services program planning, reporting, administration, and evaluation.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <chapeau class="inline">Within six months after the close of each fiscal year, the Secretary shall submit to the Congress a report on the operation of the program established by this title during that year, including—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">the evaluations carried out under subsection (a) and the results obtained therefrom, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">the assistance provided under subsection (b) during that year.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">“definitions</heading> <num value="2007">“<inline class="smallCaps">Sec</inline>. 2007. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1397f">42 USC 1397f.</ref></p></sidenote> <chapeau class="inline">For purposes of this title—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">the term ‘State supplementary payment’ means any cash payment made by a State on a regular basis to an individual who is receiving supplemental security income benefits under title <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1381">42 USC 1381.</ref></p></sidenote>XVI or who would but for his income be eligible to receive such benefits, as assistance based on need in supplementation of such benefits, as determined by the Secretary, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">the term ‘State’ means the fifty States and the District of Columbia.”.</content> </paragraph> </section>
technical and conforming amendments Sec. 3.

42 USC 602.

 (a) (1) Section 402(a)(5) of the Social Security Act is amended by striking out “(A)” and striking out everything after “proper and efficient operation of the plan” and inserting “; and” in lieu thereof. (2) Section 402(a) of that Act is further amended by striking out

Post, p. 2360.

paragraphs (13) and (14).

42 USC 603.

(3) Section 403(a) (3) of that Act is amended to read as follows: “(3) in the case of any State, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary of Health, Education, and Welfare for the proper and efficient administration of the State plan— “(A) 75 per centum of so much of such expenditures as are for the training of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision, and “(B) one-half of the remainder of such expenditures, except that no payment shall be made with respect to amounts expended in connection with the provision of any service

Ante, p. 2337.

described in section 2002(a)(1) of this Act other than services the provision of which is required by section 402(a) (19) to be included in the plan of the State; and” (4) Section 403 of that Act is further amended by striking out subsection (e).

42 USC 606.

(5) Section 406 of that Act is amended by striking out subsection (d).

42 USC 622.

(6) Section 422(a) (1) (A) (i) of that Act is amended by striking out “the State agency designated pursuant to section 402(a) (3) to administer or supervise the administration of the plan of the State approved under part A of this title” and inserting “the individual or

Ante, p. 2343.

agency designated pursuant to section 2003(d)(1)(C) to administer or supervise the administration of the State’s services program” in lieu thereof. (7) Section 422(a) (1) (A) (ii) of that Act is amended by striking out “the organizational unit in such State or local agency established pursuant to section 402(a) (15)” and inserting “a single organiza-88 Stat. 2349tional unit in such State or local agency, as the case may be,” in lieu thereof. (8) Section 402(a) (15) of that Act is amended by inserting “as part

42 USC 602.

 of the program of the State for the provision of services under title XX” immediately after “provide”. (b) Title VI of the Social Security Act is repealed.

Repeal.

42 USC 801–805.

42 USC 1315.

 (c) Section 1115 of the Social Security Act is amended by— (1) striking out “or XIX” and inserting “XIX, or XX” in lieu thereof, (2) striking out “or 1902” in clause (a) and inserting “1902, 2002, 2003, or 2004” in lieu thereof, (3) striking out “or 1903” in clause (b) and inserting “1903, or 2002” in lieu thereof, and (4) inserting “or expenditures with respect to which payment shall be made under section 2002,” immediately after “administration of such State plan or plans,” in clause (b). (d) Section 1116 of the Social Security Act is amended by—

42 USC 1316.

 (1) striking out “or XIX” in subsections (a)(1) and (b) and inserting “XIX or XX” in lieu thereof, (2) striking out “or 1904” and inserting “1904, or 2003” in lieu thereof in subsection (a)(3), and (3) inserting “XX,” immediately after “XIX,” in subsection (d). (e) (1) Section 1130 of the Social Security Act is repealed.

Repeal.

42 USC 1320b.

42 USC 303, 603, 1203, 1353, 1383 note.

 (2) Sections 3(a), 403(a), 1003(a), 1403(a), and 1603(a) of that Act (relating to payments to States with approved State plans) are each amended by striking out “(subject to section 1130)”. (f) Any child day care service provided under any plan of a State

42 USC 1397a note.

 approved under part A, or developed under part B, of title IV of the Social Security Act must meet the requirements applicable, under

42 USC 601, 620.

Ante, p. 2337.

 subsection (a)(9) of section 2002 of the Social Security Act, as amended by this Act, to child day care services with respect to which payment is made under that section. The requirements imposed by this subsection are in lieu of any requirements that would otherwise be applicable under section 522(d) of the Economic Opportunity Act of 1964 to child day care services provided under any plan of a State

Ante, p. 2310.

 approved under part A, or developed under part B, of title IV of the Social Security Act. (g) Section 12(a) of Public Law 93–233 is amended by striking

42 USC 1320b note.

 out “January 1, 1975” and inserting “October 1, 1975” in lieu thereof. Notwithstanding the provisions of section 12(a) of Public Law 93–233, the Secretary may make any modification in any regulation described in that section if the modification is necessary to implement the provisions of this part. (h) Section 422 of the Social Security Act is amended by inserting

42 USC 622.

 at the end thereof the following new subsection: “(c) If on December 1, 1974, the agency of a State administering its plan under this part was not the agency designated pursuant to section 402(a) (3), subsection (a) (1) (A) of this section shall not apply with respect to such agency but only so long as such agency is not the agency designated under section 2003(d)(1)(C). and if on December 1, 1974, the local agency administering the plan of a State under this part in a subdivision of the State is not the local agency in such subdivision administering the plan of such State under part A of this title, subsection (a)(1) (A) of this section shall not apply with respect to such local agency but. only so long as such local agency is not the local agency administering the program of the State for the provision of services under title XX.” 88 Stat. 2350

42 USC 1308.

(i) Section 1108(a) of the Social Security Act is amended by striking out “The total amount” and inserting in lieu thereof “Except as

Ante, p. 2337.

provided in 2002(a)(2)(D), the total amount”.

42 USC 1397a note.

(j) Notwithstanding the provisions of paragraph (2) of section 2002(a) of the Social Security Act, as amended by this Act, the limitation imposed by such paragraph (2) for the fiscal year beginning July 1, 1975, with respect to any State shall be the allotment of the State for that fiscal year as determined under section 1130 of the Social Security Act. In determining, for the purposes of that limitation, the total amount of the payments made to any State with respect to expenditures during the fiscal year beginning July 1, 1975, there shall be included the amount of any payments made to the State that are chargeable against the allotment of the State for the fiscal year

Ante, p. 2349.

beginning July 1, 1975, under such section 1130.
report by the secretary Sec. 4.

Report to Congress.

42 USC 1397a note.

 Prior to July 1, 1977, the Secretary shall submit to the Congress a report on the effectiveness of the program established by title XX of the Social Security Act, as amended by this Act, during calendar years 1975 and 1976, together with recommendations, if any, for improvements in that program.
payments to states for educational purposes Sec. 5.

42 USC 303.

 (a) Section 3(a) (4) (A) (iv) of the Social Security Act (as applicable to Puerto Rico, the Virgin Islands, and Guam) is amended by inserting “ (incuding both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions) ” following “training”.

42 USC 603.

(b) Section 403(a) (3) (A) (iii) of the Social Security Act is amended by inserting “(incuding both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions)” following “training”.

42 USC 1203.

(c) Section 1003(a) (3) (A) (iv) of the Social Security Act (as applicable to Puerto Rico, the Virgin Islands, and Guam) is amended by inserting “(including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions)” following “training”.

42 USC 1353.

(d) Section 1403(a) (3) (A) (iv) of the Social Security Act (as applicable to Puerto Rico, the Virgin Islands, and Guam) is amended by inserting “(including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions)” following “training”.

42 USC 1383 note.

(e) Section 1603(a) (4) (A) (iv) of the Social Security Act (as applicable to Puerto Rico, the Virgin Islands, and Guam) is amended by inserting “(including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled at such institutions) ” following “training”.
definition of secretary Sec. 6. As used in this part and the amendments made by this part, the term “Secretary” means, unless the context otherwise requires, the Secretary of Health, Education, and Welfare.
88 Stat. 2351
effective dates Sec. 7. (a) (1) The amendments made by sections 2 and 5 of this

42 USC 1397 note.

Ante, pp. 2337, 2350.

 Act shall be effective with respect to payments for quarters commencing after September 30, 1975. (2) Notwithstanding the provisions of section 2004 of the Social Security Act, as amended by this Act, the first services program year

Ante, p. 2346.

 of each State shall begin on October 1, 1975, and end with the close of, at the option of the State— (A) the day in the twelve-month period beginning October 1, 1975, or (B) the day in the twelve-month period beginning October 1, 1976, which is the last day of the twelve-month period established by the State as its services program year under that section. Notwithstanding the provisions of subsection (b) of section 2003 of the Social Security Act, as amended by this Act, the aggregate expenditures required by

Ante, p. 2343.

 that subsection with respect to the first services program year of each State shall be the amount which bears the same ratio to the amount that would otherwise be required under that subsection as the number of months in the State’s first services program year bears to twelve. (b) The amendments made by section 3 of this Act shall be effective

Ante, p. 2348.

 with respect to payments under sections 403 and 603 of the Social Security Act for quarters commencing after September 30, 1975,

42 USC 603, 803.

 except that the amendments made by section 3(a) shall not be effective with respect to the Commonwealth of Puerto Rico, the Virgin Islands, or Guam.
Part B— Child Support Programs
child support and establishment of paternity In General Sec. 101. (a) Title IV of the Social Security Act is amended by adding after part C the following new part: “Part D— Child Support and Establishment of Paternity
“appropriation “Sec. 451. For the purpose of enforcing the support obligations owed

42 USC 651.

 by absent parents to their children, locating absent parents, establishing paternity, and obtaining child support, there is hereby authorized to be appropriated for each fiscal year a sum sufficient to carry out the purposes of this part.
“duties of the secretary “Sec. 452. (a) The Secretary shall establish, within the Department

42 USC 652.

 of Health, Education, and Welfare a separate organizational unit, under the direction of a designee of the Secretary, who shall report directly to the Secretary and who shall— “(1) establish such standards for State programs for locating absent parents, establishing paternity, and obtaining child support as he determines to be necessary to assure that such programs will be effective; “(2) establish minimum organizational and staffing requirements for State units engaged in carrying out such programs under plans approved under this part; “(3) review and approve State plans for such programs; 88 Stat. 2352 “(4) evaluate the implementation of State programs established pursuant to such plan, conduct such audits of State programs established under the plan approved under this part as may be necessary to assure their conformity with the requirements of this

Annual audit.

part, and, not less often than annually, conduct a complete audit of the programs established under such plan in each State and determine for the purposes of the penalty provision of section 403(h) whether the actual operation of such programs in each State conforms to the requirements of this part; “(5) assist States in establishing adequate reporting procedures and maintain records of the operations of programs established pursuant to this part in each State; “(6) maintain records of all amounts collected and disbursed under programs established pursuant to the provisions of this part and of the costs incurred in collecting such amounts;

Technical assistance.

“(7) provide technical assistance to the States to help them establish effective systems for collecting child support and establishing paternity; “(8) receive applications from States for permission to utilize the courts of the United States to enforce court orders for support against absent parents and, upon a finding that (A) another State has not undertaken to enforce the court order of the originating State against the absent parent within a reasonable time, and (B) that utilization of the Federal courts is the only reasonable method of enforcing such order, approve such applications; “(9) operate the Parent Locator Service established by section

Post, p. 2353.

453; and

Report to Congress.

“(10) not later than June 30 of each year beginning after December 31, 1975, submit to the Congress a report on all activities undertaken pursuant to the provisions of this part. “(b) The Secretary shall, upon the request of any State having in effect a State plan approved under this part, certify the amount of any child support obligation assigned to such State to the Secretary of the Treasury for collection pursuant to the provisions of section 6305 of the

Post, p. 2358.

Internal Revenue Code of 1954. No amount may be certified for collection under this subsection except the amount of the delinquency under a court order for support and upon a showing by the State that such State has made diligent and reasonable efforts to collect such amounts utilizing its own collection mechanisms, and upon an agreement that the State will reimburse the United States for any costs involved in making the collection. The Secretary after consultation with the Secretary of the Treasury may, by regulation, establish criteria for accepting amounts for collection and for making certification under this subsection including imposing such limitations on the frequency of making such certifications under this subsection.

Revolving fund.

Establishment.

“(c) (1) There is hereby established in the Treasury a revolving fund which shall lie available to the Secretary without fiscal year limitation, to enable him to pay to the States for distribution in accordance

Post, p. 2356.

with the provisions of section 457 such amounts as may be collected and paid (subject to paragraph (2)) into such fund under section 6305 of

26 USC 6305.

the Internal Revenue Code of 1954. “(2) There is hereby appropriated to the fund, out of any moneys in the Treasury not otherwise appropriated, amounts equal to the amounts collected under section 6305 of the Internal Revenue Code of 1954, reduced by the amounts credited or refunded as overpayments of the amounts so collected. The amounts appropriated by the preceding section shall be transferred at least quarterly from the general fund of the Treasury to the fund on the basis of estimates made by 88 Stat. 2353the Secretary of the Treasury. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.
“parent locator service “Sec. 453. (a) The Secretary shall establish and conduct a Parent

Establishment.

42 USC 653.

 Locator Service, under the direction of the designee of the Secretary referred to in section 452(a). which shall be used to obtain and transmit to any authorized person (as defined in subsection (c)) information as to the whereabouts of any absent parent when such information is to be used to locate such parent for the purpose of enforcing support obligations against such parent. “(b) Upon request, filed in accordance with subsection (d) of any authorized person (as defined in subsection (c)) for the most recent address and place of employment of any absent parent, the Secretary shall, notwithstanding any other provision of law, provide through the Parent Locator Service such information to such person, if such information— “(1) is contained in any files or records maintained by the Secretary or by the Department of Health, Education, and Welfare; or “(2) is not contained in such files or records, but can be obtained by the Secretary, under the authority conferred by subsection (e), from any other department, agency, or instrumentality, or the United States or of any State. No information shall be disclosed to any person if the disclosure of

Information disclosure, prohibited.

 such information would contravene the national policy or security interests of the United States or the confidentiality of census data. The Secretary shall give priority to requests made by any authorized person described in subsection (c) (1). “(c) As used in subsection (a), the term ‘authorized person’ means—

“Authorized person.”

 “(1) any agent or attorney of any State having in effect a plan approved under this part, who has the duty or authority under such plans to seek to recover any amounts owed as child support (including, when authorized under the State plan, any official of a political subdivision); “(2) the court which has authority to issue an order against an absent parent for the support and maintenance of a child, or any agent of such court; and “(3) the resident parent, legal guardian, attorney, or agent of a child (other than a child receiving aid under part A of this title) (as determined by regulations prescribed by the Secretary) without regard to the existence of a court order against an absent parent who has a duty to support and maintain any such child. “(d) A request for information under this section shall be filed in such manner and form as the Secretary shall by regulation prescribe and shall be accompanied or supported by such documents as the Secretary may determine to lie necessary. “(e) (1) Whenever the Secretary receives a request submitted under subsection (b) which he is reasonably satisfied meets the criteria established by subsections (a), (b). and (c), he shall promptly undertake to provide the information requested from the files and records maintained by any of the departments, agencies, or instrumentalities of the United States or of any State. “(2) Notwithstanding any other provision of law, whenever the individual who is the head of any department, agency, or instrumentality of the United States receives a request from the Secretary for information authorized to be provided by the Secretary under 88 Stat. 2354this section, such individual shall promptly cause a search to be made of the files and records maintained by such department agency, or instrumentality with a view to determining whether the information requested is contained in any such files or records. If such search discloses the information requested, such individual shall immediately transmit such information to the Secretary, except that if any information is obtained the disclosure of which would contravene national policy or security interests of the United States or the confidentiality of census data, such information shall not be transmitted and such individual shall immediately notify the Secretary-. If such search fails to disclose the information requested, such individual shall immediately so notify the Secretary. The costs incurred by any such department, agency, or instrumentality of the United States or of any State in providing such information to the Secretary shall be reimbursed by him. Whenever such services are furnished to an

Fees.

individual specified in subsection (c) (3), a fee shall be charged such individual. The fee so charged shall be used to reimburse the Secretary or his delegate for the expense of providing such services. “(f) The Secretary, in carrying out his duties and functions under this section, shall enter into arrangements with State agencies administering State plans approved under this part for such State agencies to accept from resident parents, legal guardians, or agents of a child described in subsection (c)(3) and, after determining that the absent parent cannot be located through the procedures under the control of such State agencies, to transmit to the Secretary requests for information with regard to the whereabouts of absent parents and otherwise to cooperate with the Secretary in carrying out the purposes of this section.
“state plan for child support “Sec. 454.

Provisions.

42 USC 654.

 A State plan for child support must— “(1) provide that it shall be in effect in all political subdivisions of the State; “(2) provide for financial participation by the State; “(3) provide for the establishment or designation of a single and separate organizational unit, which meets such staffing and organizational requirements as the Secretary may by regulation prescribe, within the State to administer the plan; “(4) provide that such State will undertake— “(A) in the case of a child born out of wedlock with

Post, p. 2359.

respect to whom an assignment under section 402(a) (26) of this title is effective, to establish the paternity of such child, and “(B) in the case of any child with respect to whom such assignment is effective, to secure support for such child from his parent (or from any other person legally liable for such support), utilizing any reciprocal arrangements adopted with other States, except that when such arrangements and other means have proven ineffective, the State may utilize the Federal courts to obtain or enforce court orders for support; “(5) provide that, in any case in which child support payments are collected for a child with respect to whom an assignment under section 402(a) (26) is effective, such payments shall be

Post, p. 2356.

made to the State for distribution pursuant to section 457 and shall not be paid directly to the family except that this paragraph shall not apply to such payments (except as provided in section 457(c)) for any month in which the amount collected is sufficient to make such family ineligible for assistance under the State plan approved under part A; 88 Stat. 2355 “(6) provide that (A) the child support collection or paternity determination services established under the plan shall be made available to any individual not otherwise eligible for such services upon application filed by such individual with the State, (B) an

Application fee.

 application fee for furnishing such services may be imposed, except that the amount of any such application fee shall be reasonable, as determined under regulations of the Secretary, and (C) any costs in excess of the fee so imposed may be collected from such individual by deducting such costs from the amount of any recovery made; “(7) provide for entering into cooperative arrangements with appropriate courts and law enforcement officials (A) to assist the agency administering the plan, including the entering into of financial arrangements with such courts and officials in order to assure optimum results under such program, and (B) with respect to any other matters of common concern to such courts or officials and the agency administering the plan; “(8) provide that the agency administering the plan will establish a service to locate absent parents utilizing— “(A) all sources of information and available records, and “(B) the Parent Locator Service in the Department of Health, Education, and Welfare; “(9) provide that the State will, in accordance with standards prescribed by the Secretary, cooperate with any other State— “(A) in establishing paternity, if necessary, “(B) in locating an absent parent residing in the State (whether or not permanently) against whom any action is being taken under a program established under a plan approved under this part in another State, “(C) in securing compliance by an absent parent residing in such State (whether or not permanently) with an order issued by a court of competent jurisdiction against such parent for the support and maintenance of a child or children of such parent with respect to whom aid is being provided under the plan of such other State, and “(D) in carrying out other functions required under a plan approved under this part; “(10) provide that the State will maintain a full record of collections and disbursements made under the plan and have an adequate reporting system; “(11) provide that amounts collected as child support shall be distributed as provided in section 457;

Post, p. 2356.

 “(12) provide that any payment required to be made under section 456 or 457 to a family snail be made to the resident parent, legal guardian, or caretaker relative having custody of or responsibility for the child or children; and “(13) provide that the State will comply with such other requirements and standards as the Secretary determines to be necessary to the establishment of an effective program for locating absent parents, establishing paternity, obtaining support orders, and collecting support payments.
“payments to states “Sec. 455. From the sums appropriated therefor, the Secretary shall

42 USC 655.

 pay to each State for each quarter, beginning with the quarter commencing July 1, 1975, an amount equal to 75 percent of the total amounts expended by such State during such quarter for the operation of the plan approved under section 454 except that no amount shall be

Ante, p. 2354.

88 Stat. 2356paid to any State on account of furnishing collection services (other

Ante, p. 2354.

than parent locator services) to individuals under section 454(6) during any period beginning after June 30, 1976.
“support obligations “Sec. 456.

42 USC 65b.

Post, p. 2359.

 (a) The support rights assigned to the State under section 402(a) (26) shall constitute an obligation owed to such State by the individual responsible for providing such support. Such obligation shall be deemed for collection purposes to be collectible under all applicable State and local processes. “(1) The amount of such obligation shall be— “(A) the amount specified in a court order which covers the assigned support rights, or “(B) if there is no court order, an amount determined by the State in accordance with a formula approved by the Secretary, and “(2) Any amounts collected from an absent parent under the plan shall reduce, dollar for dollar, the amount of his obligation under paragraphs (1) (A) and (B). “(b) A debt which is a child support obligation assigned to a State under section 402(a) (26) is not released by a discharge in bankruptcy

11 USC 1 note.

under the Bankruptcy Act.
“distribution of proceeds “Sec. 457.

42 USC 657.

 (a) The amounts collected as child support by a State pursuant to a plan approved under this part during the 15 months Beginning July 1, 1975, shall be distributed as follows: “(1) 40 per centum of the first $50 of such amounts as are collected periodically which represent monthly support payments shall be paid to the family without any decrease in the amount paid as assistance to such family during such month; “(2) such amounts as are collected periodically which are in excess of any amount paid to the family under paragraph (1) which represent monthly support payments shall be retained by the State to reimburse it for assistance payments to the family during such period (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); “(3) such amounts as are in excess of amounts retained by the State under paragraph (2) and are not in excess of the amount required to be paid during such period to the family by a court order shall be paid to the family; and “(4) such amounts as are in excess of amounts required to be distributed under paragraphs (1), (2), and (3) shall be (A) retained by the State (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing) as reimbursement for any past assistance payments made to the family for which the State has not been reimbursed or (B) if no assistance payments have been made by the State which have not been repaid, such amounts shall be paid to the family. “(b) The amounts collected as child support by a State pursuant to a plan approved under this part during any fiscal year beginning after September 30, 1976, shall be distributed as follows: “(1) such amounts as are collected periodically which represent monthly support payments shall be retained by the State to reimburse it for assistance payments to the family during such period 88 Stat. 2357(with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); “(2) such amounts as are in excess of amounts retained by the State under paragraph (1) and are not in excess of the amount required to be paid during such period to the family by a court order shall be paid to the family; and “(3) such amounts as are in excess of amounts required to be distributed under paragraphs (1) and (2) shall be (A) retained by the State (with appropriate reimbursement of the Federal Government to the, extent of its participation in the financing) as reimbursement for any past assistance payments made to the family for which the State has not been reimbursed or (B) if no assistance payments have been made by the State which have not been repaid, such amounts shall be paid to the family. “(c) Whenever a family for whom child support payments have been collected and distributed under the plan ceases to receive assistance under part A of this title, the State may— “(1) continue to collect such support payments from the absent parent for a period of not to exceed three months from the month following the month in which such family ceased to receive assistance under part A of this title, and pay all amounts so collected to the family; and “(2) at the end of such three-month period, if the State is authorized to do so by the individual on whose behalf the collection will be made, continue to collect such support payments from the absent parent and pay the, net amount of any amount so collected to the family after deducting any costs incurred in making the collection from the amount of any recovery made.
“incentive payment to localities “Sec. 458. (a) When a political subdivision of a State makes, for the

42 USC 658.

 State of which it is a political subdivision, or one State makes, for another State, the enforcement and collection of the support rights assigned under section 402(a)(26) (either within or outside of such

Post, p. 2359.

 State), there shall be paid to such political subdivision or such other- State from amounts which would otherwise represent the Federal share of assistance to the family of the absent parent— “(1) an amount equal to 25 per centum of any amount collected (and required to be distributed as provided in section 457 to reduce or repay assistance payments) which is attributable to the support obligation owed for 12 months; and “(2) an amount equal to 10 per centum of any amount collected (and required to be distributed as provided in section 457 to reduce or repay assistance payments) which is attributable to the support obligation owed for any month after the first twelve months for which such collections are made. “(b) Where more than one jurisdiction is involved in such enforcement or collection, the amount of the incentive payment determined under paragraphs (1) and (2) of subsection (a) shall be allocated among the jurisdictions in a manner to be prescribed by the Secretary.
“consent by the united states to garnishment and similar proceedings for enforcement of child support and a lemony obligations “Sec. 459. Notwithstanding any other provision of law, effective

42 USC 659.

 January 1, 1975, moneys (the entitlement to which is based upon remuneration for employment) due from, or payable by, the United States (including any agency or instrumentality thereof and any 88 Stat. 2358wholly owned Federal corporation) to any individual, including members of the armed services, shall be subject, in like manner and to the same extent as if the United States were a private person, to legal process brought for the enforcement, against such individual of his legal obligations to provide child support or make alimony payments.
“civil actions to enforce child support obligations “Sec. 460.

42 USC 660.

 The district courts of the United States shall have jurisdiction, without regard to any amount in controversy, to hear and determine any civil action certified by the Secretary of Health, Education, and

Ante, p. 2351.

Welfare under section 452(a) (8) of this Act. A civil action under this section may be brought in any judicial district in which the claim arose, the plaintiff resides, or the defendant resides.”
Collection of Child Support Obligations (b) (1) Subchapter A of chapter 64 of the Internal Revenue Code of 1954 (relating to collection of taxes) is amended by adding at the end thereof the following new section:

26 USC 6305.

“Sec. 6305. COLLECTION OF CERTAIN LIABILITY. “(a) In General.— Upon receiving a certification from the Secretary of Health, Education, and Welfare, under section 452(b) of the Social Security Act with respect to any individual, the Secretary or his delegate shall assess and collect the amount certified by the Secretary of Health, Education, and Welfare, in the same manner, with the same powers, and (except as provided in this section) subject to the same limitations as if such amount were a tax imposed by subtitle C the collection of which would be jeopardized by delay, except that— “(1) no interest or penalties shall be assessed or collected, “(2) for such purposes, paragraphs (4), (6), and (8) of section

26 USC 6334.

6334(a) (relating to property exempt from levy) shall not apply, “(3) there shall be exempt from levy so much of the salary, wages, or other income of an individual as is being withheld therefrom in garnishment pursuant to a judgment entered by a court of competent jurisdiction for the support of his minor children, and “(4) in the ease of the first assessment against an individual for delinquency under a court order against such individual for a particular person or persons, the collection shall be stayed for a period of 60 days immediately following notice and demand as

26 USC 6303.

described in section 6303. “(b) Review of Assessments and Collections.— No court of the United States, whether established under article I or article III of the

USC prec. title 1.

Constitution, shall have jurisdiction of any action, whether legal or equitable, brought to restrain or review the assessment and collection of amounts by the Secretary or his delegate under subsection (a), nor shall any such assessment and collection be subject to review by the Secretary or his delegate in any proceeding. This subsection does not preclude any legal, equitable, or administrative action against the State by an individual in any State court or before any State agency to determine his liability for any amount assessed against him and collected, or to recover any such amount collected from him, under this section.”.
(2) The table of sections for such subchapter is amended by adding at the end thereof the following new item: “Sec. 6305. 88 Stat. 2359 Amendments to Part A of Title IV (c) (1) Notwithstanding the provisions of section 402(a) of the

42 USC 602 note.

 Social Security Act, in addition to the amounts required to be disregarded under clause (8) (A) of such section, there is imposed the requirement ( and the State plan shall be deemed to include the requirement) that for the 15 months beginning July 1, 1975, in making the determination under clause (7), the State agency shall with respect to any month in such year and in addition to the amounts required to be disregarded under clause (8) (A), disregard amounts payable under section 457 (a)(1).

Ante, p. 2356.

 (2) Section 402(a) (9) is amended to read as follows:

42 USC 602.

 “(9) provide safeguards which permit the use or disclosure of information concerning applicants or recipients only to (A) public officials who require such information in connection with their official duties, or (B) other persons for purposes directly connected with the administration of aid to families with dependent children;”. (3) Section 402(a) (10) is amended by inserting immediately before “be furnished” the following: “, subject to paragraphs (25) and (26),”. (4) Section 402(a) (11) is amended to read as follows: “(11) provide for prompt notice (including the transmittal of all relevant information) to the State child support collection agency (established pursuant to part D of this title) of the furnishing of aid to families with dependent children with respect to a child who has been deserted or abandoned by a parent (including a child born out of wedlock without regard to whether the paternity of such child has been established);”. (5) Section 402(a) is further amended— (A) by striking out “and” at the end of paragraph (23): (B) by inserting immediately before the first word in paragraph (24) the following: “provide that”; and (C) by striking out the period at the end of paragraph (24) and inserting in lieu thereof a semicolon and the following: “(25) provide (A) that, as a condition of eligibility under the plan, each applicant for or recipient of aid shall furnish to the State agency his social security account number (or numbers, if he has more than one such number), and (B) that such State agency shall utilize such account numbers, in addition to any other means of identification it may determine to employ in the administration of such plan; “(26) provide that, as a condition of eligibility for aid. each applicant or recipient will be required— “(A) to assign the State any rights to support from any other person such applicant may have (i) in his own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid, and (ii) which have accrued at the time such assignment is executed, “(B) to cooperate with the State (i) in establishing the paternity of a child born out of wedlock with respect to whom aid is claimed, and (ii) in obtaining support payments for such applicant and for a child with respect to whom such aid is claimed, or in obtaining any other payments or property due such applicant or such child and that, if the relative with whom a child is living is found to be ineligible because of failure to comply with the requirements of subparagraphs (A) and (B) of this paragraph, any aid for which such child 88 Stat. 2360is eligible will be provided in the form of protective payments

42 USC 606.

as described in section 406(b)(2) (without regard to subparagraphs (A) through (E) of such section); and “(27) provide, that the States have in effect a plan approved under part D and operate a child support program in conformity with such plan.”. (6)

42 USC 603.

 (A) Section 403 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(h) Notwithstanding any other provision of this Act, the amount payable to any State under this part for quarters in a fiscal year shall with respect to quarters beginning after December 31, 1976, be reduced by 5 per centum of such amount if such State is found by the Secretary as the result of the annual audit to have failed to have an effective program meeting

Supra.

 the requirements of section 402(a) (27) in any fiscal year beginning after September 30, 1976 (but, in the case of the fiscal year beginning October 1, 1976, only considering the second, third, and fourth quarters thereof).”.

42 USC 604.

(B) Section 404 of such Act is amended by adding at the end thereof the following new subsections: “(c) No State shall be found, prior to January 1, 1977, to have failed substantially to comply with the requirements of section 402(a) (27) if, in the judgment of the Secretary, such State is making a good faith effort to implement the program required by such section. “(d) After December 31, 1976, in the case of any State which is found to have failed substantially to comply with the requirements of section 402(a) (27), the reduction in any amount payable to such State required to be imposed under section 403(h) shall be imposed in lieu of any reduction, with respect to such failure, which would otherwise be required to be imposed under this section.”

42 USC 606.

(7) Section 406 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(f) Notwithstanding the provisions of subsection (b), the term ‘aid to families with dependent children’ does not mean payments with respect to a parent (or other individual whose needs such State determines should be considered in determining the need of the child or relative claiming aid under the plan of such State approved under this part) of a child who fails to cooperate with any agency or official of the State in obtaining such support payments for such child. Nothing in this subsection shall be construed to make an otherwise eligible child ineligible for protective payments because of the failure of such parent (or such other individual) to so cooperate.”.

Repeals.

42 USC 602, 610.

(8) Section 402(a), (17), (18), (21), and (22), and section 410 of such Act are repealed. Conforming Amendments to Title XI

42 USC 1306.

(d) Section 1106 of such Act is amended— (1) by striking out the period at the end of the first sentence of subsection (a) and inserting in lieu thereof the following:

Ante, p. 2351.

“and except as provided in part D of title IV of this Act.”; (2) by adding at the end of subsection (b) the following new sentence: “Notwithstanding the preceding provisions of this subsection, requests for information made pursuant to the provisions of part D of title IV of this Act for the purpose of using Federal records for locating parents shall be complied with and the cost incurred in providing such information shall be paid for as provided in such part D of title IV.”; and (3) by striking out subsection (c). 88 Stat. 2361 Authorization of Appropriations (e) There are authorized to be appropriated to the Secretary of

42 USC 651 note.

 Health, Education, and Welfare such sums as may be necessary to plan and prepare for the implementation of the program established by this section. Effective Date (f) The amendments made by this section shall become effective

42 USC 651 note.

 on July 1, 1975, except that section 459 of the Social Security Act, as added by subsection (a) of this section shall become effective on

Ante, p. 2357.

 January 1, 1975, and subsection (e) of this section shall become effective upon the date of enactment or this Act.
Approved January 4, 1975.
Public Law 93–648: To authorize and direct the Secretary of Agriculture to convey any interest held by the United States in certain property in Jasper County, Georgia, to the Jasper County Board of Education. Public Law648 Public Law 93–648 88 Stat. 2361 1975-01-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–648
AN ACT To authorize and direct the Secretary of Agriculture to convey any interest held by the United States in certain property in Jasper County, Georgia, to the Jasper County Board of Education.

January 8, 1975

[H. R. 510]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary

Jasper County Board of Education, Ga.

Land conveyance.

 of Agriculture is authorized and directed to convey to the Jasper County Board of Education, Jasper County, Georgia, all right, title, and interest in and to the real property described in the quitclaim deed made by the United States, as grantor, to the Jasper County Board of Education, as grantee, on April 26, 1940, and recorded on June 5, 1940, in Jasper County, Georgia, which the United States might hold as a result of covenants contained in such quitclaim deed: Provided, however, That any proceeds from the sale, lease, exchange or other use or disposition of the lands shall be used exclusively for educational purposes by the Jasper County Board of Education.
Approved January 8, 1975.
Public Law 93–649: To amend title 10 of the United States Code in order to clarify when claims must be presented for reimbursement of memorial service expenses in the case of members of the armed forces whose remains are not recovered. Public Law649 Public Law 93–649 88 Stat. 2361 1975-01-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–649
AN ACT To amend title 10 of the United States Code in order to clarify when claims must be presented for reimbursement of memorial service expenses in the case of members of the armed forces whose remains are not recovered.

January 8, 1975

[H. R. 12860]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the last sentence

Armed Forces.

Memorial expenses, reimbursement.

 of section 1482(e) of title 10, United States Code, is amended by inserting immediately before “whichever is later.” the following: “or the date the person who would have been designated under subsection (c) to direct disposition of the remains, if they had been recovered, receives notification that the member has been reported or determined to be dead under authority of chapter 10, title 37.”.

37 USC 551.
Approved January 8, 1975.
PRIVATE LAWS
second session, ninety-fourth congress

PRIVATE LAWS

 

SECOND SESSION, NINETY-THIRD CONGRESS

 Private Law 93–51: For the relief of Arturo Robles. Private Law51 Private Law 93–51 88 Stat. 2365 1974-03-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private 88 Stat. 2365 Private Law 93–51
AN ACT For the relief of Arturo Robles.

March 22, 1974

[H. R. 6119]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That Arturo Robles,

Arturo Robles, USMC.

 of Tracy, California, former private in the United States Marine Corps, is relieved of liability to the United States in the amount of $8’28,46, an amount claimed, after Arturo Robles’ hardship discharge, to be due to the Marine Corps by reason of its failure to stop dependents allotment payments while also failing to bring forward the allotment, deduction on its pay record, resulting in an overpayment of accrued pay and allowances, and by reason of other similar bookkeeping errors on the part of the Marine Corps. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, credit shall be given for the amount for which liability is relieved by this Act.
Approved March 22, 1974.
Private Law 93–52: For the relief of August F. Walz. Private Law52 Private Law 93–52 88 Stat. 2365 1974-03-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–52
AN ACT For the relief of August F. Walz.

March 29, 1974

[S. 1615]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, on such terms

August F. Walz.

 that it deems just, the United States Postal Service is authorized to compromise, release, or discharge in whole or in part the liability of August F. Walz, postmaster, United States Post Office, Wilmington, Delaware, of the sum of $28,978.62 representing the amount of a revenue deficiency charged to his postal account as postmaster. Such deficiency resulting from unpaid postage on second-class transient mailings of the “Wilmington Suburban News” and the financial inability of the owner of such newspaper, and after his death, his estate, to pay any part of such amount.
Approved March 29, 1974.
Private Law 93–53: For the relief of Mrs. Zosima Telebanco Van Zanten. Private Law53 Private Law 93–53 88 Stat. 2366 1974-03-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private 88 Stat. 2366 Private Law 93–53
AN ACT For the relief of Mrs. Zosima Telebanco Van Zanten.

March 29, 1974

[S. 1673]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Zosima T. Van Zanten.
That, in the administration of (he Immigration and Nationality Act. Mrs. Zosima Telebanco Van Zanten, the widow of Sergeant Sam J. Van Zanten, Junior, a citizen of the United States, shall be held and considered to be within

8 USC 1151.

8 USC 1154.

the purview of section 201(b) of that Act and the provisions of section 204 of the said Act. shall not be applicable in this case.
Approved March 29, 1974.
Private Law 93–54: For the relief of Georgina Henrietta Harris. Private Law54 Private Law 93–54 88 Stat. 2366 1974-03-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–54
AN ACT For the relief of Georgina Henrietta Harris.

March 29, 1974

[S. 1852]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Georgina H. Harris.
That, for the purposes of the Immigration and Nationality Act, Georgina Henrietta Harris, the adopted daughter of Mrs. Esthyr Harris, a United States citizen, shall be held and considered to have met the residence and

8 USC 1434.

physical presence requirements of section 323 of such Act.
Approved March 29, 1974.
Private Law 93–55: For the relief of Robert J. Martin. Private Law55 Private Law 93–55 88 Stat. 2366 1974-03-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–55
AN ACT For the relief of Robert J. Martin.

March 29, 1974

[S. 1922]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Robert J. Martin.
That, on such terms as it deems just, the United States Postal Service is authorized to compromise, release, or discharge in whole or in part the liability of Robert J. Martin, of Lake Carmel, New York, to the United States for the loss resulting from the theft of an amount of cash in his custody as a mailtruck driver, which was taken in a theft occurring on January 2, 1969.
Approved March 29, 1974.
Private Law 93–56: For the relief of Raphael Johnson. Private Law56 Private Law 93–56 88 Stat. 2366 1974-03-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–56
AN ACT For the relief of Raphael Johnson.

March 29, 1974

[H. R. 2533]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Raphael Johnson.
That in the administration of the Immigration and Nationality Act, Raphael Johnson shall be classified as a child within the meaning of section 101(b)

8 USC 1101.

8 USC 1154.

(1)(F) of such Act upon approval of a petition filed in his behalf, pursuant to section 204 of such Act, by Mrs. Howard M. Johnson, a 88 Stat. 2367citizen of the United States. The brothers and sisters of said Raphael Johnson shall not by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. The provisions of section 245(c) of the Immigration and Nationality Act shall be inapplicable in this case.

8 USC 1255.
Approved March 29, 1974.
Private Law 93–57: For the relief of Dominga Pettit. Private Law57 Private Law 93–57 88 Stat. 2367 1974-04-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–57
AN ACT For the relief of Dominga Pettit.

April 12, 1974

[H. R. 1321]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That in the administration

Dominga Pettit.

8 USC 1101 note.

 of the Immigration and Nationality Act. Dominga Pettit, the widow of a citizen of the United States, shall be held and considered to be within the purview of section 201(b) of that Act and the provisions

8 USC 1151.

8 USC 1154.

 of section 204 of such Act shall not be applicable in this case.
Approved April 12, 1974.
Private Law 93–58: For the relief of Flora Datiles Tabayo. Private Law58 Private Law 93–58 88 Stat. 2367 1974-04-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–58
AN ACT For the relief of Flora Datiles Tabayo.

April 12, 1974

[H. R. 5106]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, in the administration

Flora D. Tabayo.

 of the Immigration and Nationality Act, Flora Datiles Tabayo may be classified as a child within the meaning of section 101(b)(1)(F) of the Act, upon approval of a petition filed in her

8 USC 1101.

 behalf by Mr. and Mrs. Jack Lee, citizens of the United States, respectively, pursuant to section 204 of the Act: Provided, That the brothers

8 USC 1154.

 or sisters of the beneficiary shall not by virtue of Such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved April 12, 1974.
Private Law 93–59: For the relief of Rito E. Judilla and Virna J. Pasicaran. Private Law59 Private Law 93–59 88 Stat. 2367 1974-04-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–59
AN ACT For the relief of Rito E. Judilla and Virna J. Pasicaran.

April 12, 1974

[H. R. 7363]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, in the administration

Rite E. Judilla and Virna J. Pasicaran.

 of the Immigration and Nationality Act, Rito E. Judilla and Virna J. Pasicaran may be classified as children within the meaning of section 101(b) (1) (F) of the Act, upon approval of petitions filed

8 USC 1101.

 in their behalf by Adoracion J. Gonzaga and Robert S. Gonzaga, citizens of the United States, pursuant to section 204 of the said Act:

8 USC 1154.

 Provided, That the brothers or sisters of the beneficiaries shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved April 12, 1974.
Private Law 93–60: For the relief of Uhel D. Polly. Private Law60 Private Law 93–60 88 Stat. 2368 1974-04-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private 88 Stat. 2368 Private Law 93–60
AN ACT For the relief of Uhel D. Polly.

April 12, 1974

[S. 71]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Uhel D. Polly.
That, in the administration of the patent laws of the United States, with respect to United States patent numbered 3.459,614 (Uhel I). Polly, of Fort Lauderdale, Florida, patentee) that the period in regard to public use or sale in this country as stated in section 102(b), title 35 of the United States (lode be enlarged to two years prior to the date of the application of aforesaid patent. Nothing contained in this Act shall bar any person from exercising any rights which vested prior to the effective date of this Act.
Approved April 12, 1974.
Private Law 93–61: For the relief of Jorge Mario Bell. Private Law61 Private Law 93–61 88 Stat. 2368 1974-04-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–61
AN ACT For the relief of Jorge Mario Bell.

April 12, 1974

[S. 205]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, in the administration of the Immigration and Nationality Act, Jorge Mario Bell may be classified as a child within the meaning of section 101(b)(1)(F)

8 USC 1101.

of such Act upon approval of a petition filed in his behalf by James Francis Bell III. a citizen of the United States, pursuant to section

8 USC 1154.

204 of such Act. The natural brothers and sisters of the said Jorge Mario Bell shall not. by virtue of such relationship, be. accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved April 12, 1974.
Private Law 93–62: For the relief of Wilhelm J. R. Maly. Private Law62 Private Law 93–62 88 Stat. 2368 1974-04-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–62
AN ACT For the relief of Wilhelm J. R. Maly.

April 12, 1974

[S. 507]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Wilhelm J. R. Maly.
That, the periods of time Wilhelm J. It. Maly has resided in the United States since his lawful admission for permanent residence on October 6, 1966, shall be held and considered to meet the residence and physical presence

8 USC 1427.

requirements of section 316 of the Immigration and Nationality Act.
Approved April 12, 1974.
Private Law 93–63: For the relief of Mrs. Jozefa Sokolowska Domanski. Private Law63 Private Law 93–63 88 Stat. 2369 1974-04-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private 88 Stat. 2369 Private Law 93–63
AN ACT For the relief of Mrs. Jozefa Sokolowska Domanski.

April 12, 1974

[S. 816]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, in the administration

Jozefa S. Domanski.

 of the Immigration and Nationality Act, Mrs. Jozefa Sokolowska Domanski shall he held and considered to be within the purview of section 203 (a) (2) of that Act and the provisions of section

8 USC 1153.

8 USC 1154.

 204 of that Act shall not be applicable in this case.
Approved April 12, 1974.
Private Law 93–64: For the relief of Mahmood Shareef Suleiman. Private Law64 Private Law 93–64 88 Stat. 2369 1974-04-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–64
AN ACT For the relief of Mahmood Shareef Suleiman.

April 12, 1974

[S. 912]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the periods of

Mahmood S. Suleiman.

 time Mahmood Shareef Suleiman has resided in the United States and any State since his lawful admission for permanent residence in February 1957, shall be held and considered to meet the residence and physical presence requirements of section 316 of the Immigration and Nationality Act. In this case the petition for naturalization may be

8 USC 1427.

 filed with any court having naturalization jurisdiction.
Approved April 12, 1974.
Private Law 93–65: For the relief of Vo Thi Suong (Nini Anne Hoyt). Private Law65 Private Law 93–65 88 Stat. 2369 1974-04-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–65
AN ACT For the relief of Vo Thi Suong (Nini Anne Hoyt).

April 12, 1974

[S. 2112]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, in the administration

Vo Thi Suong.

 of the Immigration and Nationality Act. Vo Thi Suong (Nini Anne Hoyt) may be classified as a child within the meaning of section 101(b) (1) (F) of the Act, upon approval of a petition filed in

8 USC 1101.

 her behalf by Lieutenant Colonel and Mrs. Max B. Hoyt, citizens of the United States, pursuant to section 204 of the Act: Provided, That

8 USC 1154.

 the brothers or sisters of the beneficiary shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved April 12, 1974.
Private Law 93–66: To authorize and direct the Secretary of the Department under which the United States Coast Guard is operating to cause the vessel Miss Keku, owned by Clarence Jackson of Juneau, Alaska, to be documented as a vessel of the United States so as to be entitled to engage in the American fisheries. Private Law66 Private Law 93–66 88 Stat. 2369 1974-04-17 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–66
AN ACT To authorize and direct the Secretary of the Department under which the United States Coast Guard is operating to cause the vessel Miss Keku, owned by Clarence Jackson of Juneau, Alaska, to be documented as a vessel of the United States so as to be entitled to engage in the American fisheries.

April 17, 1974

[S. 12627]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That notwithstanding

Vessel Miss Keku.

 the provisions of section 4132 of the Revised Statutes of the United 88 Stat. 2370States, as amended (46 U.S.C. 11), or any other provision of law, the Secretary of the Department under which the United States Coast Guard is operating shall cause the vessel Miss Keku, owned by Clarence Jackson of Juneau, Alaska, to be documented as a vessel of the United States, upon compliance with the usual requirements, with the privilege of engaging in the American fisheries so long as such vessel is owned by a citizen of the United States.
Approved April 17, 1974.
Private Law 93–67: For the relief of Morena Stolsmark. Private Law67 Private Law 93–67 88 Stat. 2370 1974-05-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–67
AN ACT For the relief of Morena Stolsmark.

May 16, 1974

[H. R. 5759]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Morena Stolsmark.
That, in the administration of the Immigration and Nationality Act, Morena Stolsmark may be classified as a child within the meaning of section 101(b)(1)(F)

8 USC 1101.

of the Act, upon approval of a petition filed in her behalf by Mr. and Mrs. Richard Henry Stolsmark, citizens of the United States,

8 USC 1154.

pursuant to section 204 of the Act: Provided, That the natural parents or brothers or sisters of the beneficiary shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved May 16, 1974.
Private Law 93–68: For the relief of Gloria Go. Private Law68 Private Law 93–68 88 Stat. 2370 1974-05-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–68
AN ACT For the relief of Gloria Go.

May 16, 1974

[H. R. 6116]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Gloria Go.

8 USC 1101 note.
That, for the purposes of the immigration and Nationality Act. Gloria Go shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fee. Upon the granting of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper officer to deduct one number from the total number of immigrant visas and conditional entries which are made available to natives of the country of the alien’s birth under paragraphs (1) through (8) of section 203(a) of the Immigration

8 USC 1153.

and Nationality Act.
Approved May 16, 1974.
Private Law 93–69: For the relief of Kamal Antoine Chalaby. Private Law69 Private Law 93–69 88 Stat. 2370 1974-05-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–69
AN ACT For the relief of Kamal Antoine Chalaby.

May 16, 1974

[S. 245]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Kamal A. Chalaby.
That, the periods of time Kamal Antoine Chalaby has resided in the United States since his lawful admission for permanent residence on October 31, 1962, 88 Stat. 2371shall be held and considered to meet the residence and physical presence requirements of section 316 of the Immigration and Nationality Act.

8 USC 1427.
Approved May 16, 1974.
Private Law 93–70: For the relief of Ernest Edward Scofield (Ernesto Espino). Private Law70 Private Law 93–70 88 Stat. 2371 1974-05-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–70
AN ACT For the relief of Ernest Edward Scofield (Ernesto Espino).

May 16, 1974

[S. 428]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, for the purposes

Ernest E. Scofield.

 of sections 203(a) (1) and 204 of the Immigration and Nationality Act, Ernest Edward Scofield (Ernesto Espino) shall be held and

8 USC 1153, 1154.

 considered to be the natural-born alien son of Mr. Raymond V. Scofield. a citizen of the United States: Provided, That the natural parents or brothers or sisters of the beneficiary shall not, by virtue of such relationship, Ire accorded any right, privilege, or status under the Immigration and Nationality Act.

8 USC 1101 note.
Approved May 16, 1974.
Private Law 93–71: To authorise the Secretary of the Interior to sell reserved mineral interests of the United States in certain land in Missouri to Grace F. Sisler, the record owner of the surface thereof. Private Law71 Private Law 93–71 88 Stat. 2371 1974-06-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–71
AN ACT To authorise the Secretary of the Interior to sell reserved mineral interests of the United States in certain land in Missouri to Grace F. Sisler, the record owner of the surface thereof.

June 1, 1974

[H. R. 7087]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary

Grace F. Sisler.

 of the Interior is authorized and directed to convey, sell, and quit-claim all mineral interests of the United States in and to the property situated in the State of Missouri and described in section 2 of this Act to Grace F. Sisler, of Dexter, Missouri, the record owner of the surface rights thereof.
Sec. 2.

The property referred to in the. first section of this Act is more particularly described as follows:

The northeast quarter southwest quarter section 15, township 25 north, range 10 east, fifth principal meridian, Missouri.
Sec. 3. The Secretary shall require the deposit of a sum of money which he deems sufficient to cover estimated administrative costs of this Act. If a conveyance is not made pursuant to this Act, and the administrative costs exceed the deposit, the Secretary shall bill the applicant for the outstanding amount, but if the amount of the deposit exceeds the actual administrative costs, the Secretary shall refund the excess.
Sec. 4. No conveyance shall be made unless application for conveyance is filed with the Secretary within six months of the date of approval of this Act and unless within the time specified by him payment is made to the Secretary of (1) administrative costs of the conveyance and (2) the fair market value of the interest to be conveyed. The amount of the payment required shall be the difference between the amount deposited and the full amount required to be paid under this section. If the amount deposited exceeds the full amount required to be paid, the applicant shall be given a credit or refund for the excess.
88 Stat. 2372
Sec. 5.

“Administrative costs.”

 The term “administrative costs” as used in this Act, includes, but is not limited to, all costs of (1) conducting an exploratory program to determine the character of the mineral deposits in the land, (2) evaluating the data obtained under the exploratory program to determine the fair market value of the mineral rights to be conveyed, and (3) preparing and issuing the instrument of conveyance.
Sec. 6. Moneys paid to the Secretary for administrative costs shall be paid to the agency which rendered the service, and deposited to the appropriation then current. Moneys paid for the minerals or mineral interests conveyed shall be deposited into the general fund of the Treasury as miscellaneous receipts.
Approved June 1, 1974.
Private Law 93–72: For the relief of Monroe A. Lucas. Private Law72 Private Law 93–72 88 Stat. 2372 1974-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–72
AN ACT For the relief of Monroe A. Lucas.

June 8, 1974

[H. R. 6979]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Monroe A. Lucas.
That Monroe A. Lucas, of Monticello, Illinois, is hereby relieved of all liability to the United States for any loss in the Farmers Home Administration rural housing loan account of James A. Lewis, Junior, of Effingham County, Illinois, as a result of a fire which destroyed the house of the said James A. Lewis, Junior, on April IS, 1970, while the said Monroe A. Lucas was the Farmers Home Administration county supervisor for Effingham County.
Approved June 8, 1974.
Private Law 93–73: For the relief of Mildred Christine Ford. Private Law73 Private Law 93–73 88 Stat. 2372 1974-06-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–73
AN ACT For the relief of Mildred Christine Ford.

June 22, 1974

[H. R. 1961]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Mildred C. Ford.
That, in the administration of the Immigration and Nationality Act, Mildred Christine Ford may be classified as a child within the meaning of section 101

8 USC 1101.

(b)(1)(F) of the Act, upon approval of a petition filed in her behalf by Reverend and Mrs. Samuel Ford, a citizen of the United States, and a lawfully resident alien of the United States, respectively, pursuant to

8 USC 1154.

 section 204 of the Act: Provided. That the natural parents or brothers or sisters of the beneficiary shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved June 22, 1974.
Private Law 93–74: For the relief of Mrs. Gavina A. Palacay. Private Law74 Private Law 93–74 88 Stat. 2372 1974-06-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–74
AN ACT For the relief of Mrs. Gavina A. Palacay.

June 22, 1974

[H. R. 2514]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Gavina A. Palacay.
That, in the administration of the Immigration and Nationality Act, Mrs. Gavina A. Palacay, the widow of a citizen of the United States, shall be held 88 Stat. 2373and considered to be within the purview of section 201(b) of that Act

8 USC 1151.

8 USC 1154.

 and the provisions of section 204 of such Act shall not be applicable in this case.
Approved June 22, 1974.
Private Law 93–75: For the relief of Charito Fernandez Bautista. Private Law75 Private Law 93–75 88 Stat. 2373 1974-06-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–75
AN ACT For the relief of Charito Fernandez Bautista.

June 22, 1974

[H. R. 5477]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, for the purposes

Charito F. Bautista.

 of sections 203(a) (2) and 204 of the Immigration and Nationality Act, Charito Fernandez Bautista shall be held and considered to be

8 USC 1153, 1154.

 the natural-born alien child of Mr. and Mrs. Petronio D. Gonzalo, lawful resident aliens of the United States: Provided, That the natural parents or brothers and sisters of the beneficiary shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.

8 USC 1101 note.
Approved June 22, 1974.
Private Law 93–76: For the relief of Giuseppe Greco. Private Law76 Private Law 93–76 88 Stat. 2373 1974-06-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–76
AN ACT For the relief of Giuseppe Greco.

June 22, 1974

[H. R. 7685]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, in the administration

Giuseppe Greco.

 of the Immigration and Nationality Act, Giuseppe Greco may be classified as a child within the meaning of section 101(b)(1)(F) of the Act, upon approval of a petition filed in his behalf by Mr.

8 USC 1101.

 and Mrs. Giuseppe Greco, citizens of the United States, pursuant to section 204 of the Act: Provided, That the natural parents or brothers

8 USC 1154.

 or sisters of the beneficiary shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved June 22, 1974.
Private Law 93–77: For the relief of J. B. Riddle. Private Law77 Private Law 93–77 88 Stat. 2373 1974-07-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–77
AN ACT For the relief of J. B. Riddle.

July 8, 1974

[H. R. 1376]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary

J. B. Riddle.

 of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to J. B. Riddle of Fort Worth, Texas, the sum of $5,500 in full settlement of all his claims against the United States arising out of the displacement and relocation of his business in 1967 in connection with a federally assisted construction project. The said J. B. Riddle is ineligible for relocation payments under the Advance Acquisition of Land Program of the Department of Housing and Urban Development as a result, of his reliance on certain misinformation he received from the city of Fort Worth, Texas.
88 Stat. 2374
Sec. 2. No part of the amount appropriated in the first section of this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved July 8, 1974.
Private Law 93–78: For tile relief of James A. Wentz. Private Law78 Private Law 93–78 88 Stat. 2374 1974-07-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–78
AN ACT For tile relief of James A. Wentz.

July 8, 1974

[H. R. 8823]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

James A. Wentz.
That James A. Wentz, of Wausau, Wisconsin, is relieved of liability to the United States in the amount of $504 for overpayments of pay and allowances as a member of the United States Marine Corps from November 1967 through March 1969, due to administrative errors on the part of Marine Corps personnel, and received by him in good faith without fault on his part. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, credit shall tie given for amounts for which liability is relieved by this section.
Sec. 2. (a) The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to James A. Wentz an amount equal to the aggregate of the amounts paid by him, or withheld from sums otherwise due him, with respect to the indebtedness to the United States specified in the first section of this Act. (b) No part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved July 8, 1974.
Private Law 93–79: For the relief of Ursula E. Moore. Private Law79 Private Law 93–79 88 Stat. 2374 1974-07-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–79
AN ACT For the relief of Ursula E. Moore.

July 9, 1974

[H. R. 5266]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Ursula E. Moore.
That the Secretary of the Treasury is authorized and directed to pay, out of any money in the. Treasury not otherwise appropriated, to Ursula E, Moore, of Pemberton, New Jersey, widow of the late Staff Sergeant John M. Moore, Junior, United States Army (xxxx), the sum of $2,706,51 in full settlement of all her claims against the United States for reimbursement of amounts paid for storage and shipment of house-hold goods from Germany to the United States in 1971. No part of 88 Stat. 2375the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved July 9, 1974.
Private Law 93–80: For the relief of Lester H. Kroll. Private Law80 Private Law 93–80 88 Stat. 2375 1974-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–80
AN ACT For the relief of Lester H. Kroll.

July 12, 1974

[H. R. 3534]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary of

Lester H. Kroll.

 the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Lester H. Kroll of West Seneca. New York, the sum of $416. The payment of such sum shall be in full settlement of all claims against the United States for overtime compensation to which he was entitled during the fiscal year 1948 as an employee of the Immigration and Naturalization Service under the Act of March 2, 1931 (ch. 368, secs. 1, 2, 46 Stat. 1467 (8 U.S.C. 1353a, 1353b)), but which he was not paid at the time on account of the erroneous application to him of the first proviso under the heading “Immigration and Naturalization Service” in the Department of Justice Appropriation Act, 1948 (61 Stat. 292): Provided, That no part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall lie fined in any sum not exceeding $1,000.
Approved July 12, 1974.
Private Law 93–81: For the relief of Mrs. Rita Petermann Brown Private Law81 Private Law 93–81 88 Stat. 2375 1974-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–81
AN ACT For the relief of Mrs. Rita Petermann Brown

July 12, 1974

[H. R. 7128]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, the Secretary

Rita P. Brown.

 of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $12,500 to Mrs. Rita Petermann Brown of New Orleans, Louisiana, in full settlement of her claims against the United States for an award under the Act of August 12, 1955 (Public Law 84–378, 09 Stat. 707, relating to the Texas City disaster), as amended, due her under the laws of the State of Texas based upon the injuries sustained by her former husband, Ross M. Petermann, in the Texas City disaster on April 16, 1947. No part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account, of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved July 12, 1974.
Private Law 93–82: For the relief of Viola Burroughs. Private Law82 Private Law 93–82 88 Stat. 2376 1974-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private 88 Stat. 2376 Private Law 93–82
AN ACT For the relief of Viola Burroughs.

July 12, 1974

[H. R. 7397]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Viola Burroughs.
That, for the purpose of removing a cloud on the title to certain land, the United States hereby quitclaims to Viola Burroughs, of Burlington, New Jersey, all right, title, and interest in and to all that certain frame dwelling house and lot for ground, situate on the north side of Federal Street, between Lawrence and York Streets, in the city of Burlington, in the comity of Burlington and the State of New Jersey, bounded and described as follows, viz: Beginning on Federal Street at the southeast corner of the house now or late of Mary Vandegrift, and extending thence eastwardly, along Federal Street twenty feet: thence northwardly at right angles with Federal Street and parallel with said Vandegrift’s line fifty feet; thence north eighteen degrees and twenty minutes east fifty-seven feet six inches to the line of now or late Amos Hutchin’s lot; thence westwardly by his line twenty feet to the northeast, corner of said Vandegrift’s lot; thence southwardly by said lot sixty-six feet eleven inches to another corner of said lot; thence southwardly by the same, at right angles with Federal Street, fifty feet to the place of beginning.
Approved July 12, 1974.
Private Law 93–83: For the relief of Michael A. Korhonen. Private Law83 Private Law 93–83 88 Stat. 2376 1974-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–83
AN ACT For the relief of Michael A. Korhonen.

July 12, 1974

[H. R. 7089]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Michael A. Korhonen.
That, notwithstanding any statute of limitations, lapse of time, bars of laches, or any proceeding, or the operation of section 2680 (k) of title 28, United States Code, jurisdiction is hereby conferred upon the United States District Court for the Distinct of Alaska to hear, determine, and render judgment upon any claim filed by Michael A. Korhonen, of Juneau, Alaska, against the United States for compensation for injuries and damages suffered by him due to the crash on June 15, 1967, of a United States aircraft in which the said Michael A. Korhonen was riding as an authorized observer on a search-and-rescue mission, such crash having occurred as the result of the alleged negligent operation of the aircraft by United States Coast Guard personnel.
Sec. 2. Suit upon any such claim may be instituted at any time within one year after the date of enactment of this Act. Nothing in this Act shall be construed as an inference of liability on the part of the United States. Any such claim in the district court shall be determined according to the substantive law which would apply in such a case if the crash had occurred within the State of Alaska. Except as otherwise provided in this Act, proceedings for the determination of such claim, and review and payment of any judgment or judgments thereon, shall be had in the same manner as in the case of claims over which such court has jurisdiction under section 1346(b) of title 28, United States Code.
Approved July 12, 1974.
Private Law 93–84: For the relief of Marcos Rojos Rodriguez. Private Law84 Private Law 93–84 88 Stat. 2377 1974-07-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private 88 Stat. 2377 Private Law 93–84
AN ACT For the relief of Marcos Rojos Rodriguez.

July 25, 1974

[S. 724]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary

Marcos R. Rodriguez.

 of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Marcos Rojos Rodriguez of San Antonio, Texas, the sum of $10,000, in full satisfaction of all claims of the said Marcos Rojos Rodriguez against the United States for compensation for permanent personal injuries suffered by him as the result of the accidental explosion of a. Mark I bomb fuse (Barlow type) which was found by Marcos Rojos Rodriguez, on May 28, 1925, in a potato field north of and adjacent to Kelly Field, Texas: Provided, That no part of the amount appropriated in this bill in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of service rendered in connection with (his claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this bill shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved July 25, 1974.
Private Law 93–85: For the relief of Viorica Anna Ghitescu, Alexander Ghitescu, and Serban George Ghitescu. Private Law85 Private Law 93–85 88 Stat. 2377 1974-07-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–85
AN ACT For the relief of Viorica Anna Ghitescu, Alexander Ghitescu, and Serban George Ghitescu.

July 26, 1974

[H. R. 8543]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Secretary

Viorica A., Alexander, and Serban G. Ghitescu.

of the Treasury is authorized and directed to pay, out of the net proceeds of any interest representing vested property held in the United States Treasury, the sum of $132,399.77 to Viorica Anna Ghitescu, Alexander Ghitescu, and Serban George Ghitescu, in accordance with the opinion rendered in the congressional reference case, Viorica Anna Ghitescu, Alexander Ghitescu, and Serban George Ghitescu versus the United States, numbered 1–70, filed on April 3, 1973, by the Chief Commissioner of the Court of Claims. The amount stated in this Act is to be paid to the said Viorica Anna Ghitescu, Alexander Ghitescu, and Serban George Ghitescu in full settlement of their claims against the United States for the divesting of money vested in and transferred to the Attorney General of the United States pursuant to vesting order numbered SA–260 dated July 24, 1958, issued under the authority of the International Claims Settlement Act, as amended.

22 USC 1621 note.

No part of the amount appropriated in this Act in excess of 20 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be. fined in any sum not exceeding $1,000,
Approved July 26, 1974.
Private Law 93–86: For the relief of Emmett A. and Agnes J. Rathbun. Private Law86 Private Law 93–86 88 Stat. 2378 1974-07-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private 88 Stat. 2378 Private Law 93–86
AN ACT For the relief of Emmett A. and Agnes J. Rathbun.

July 30, 1974

[H. R. 7207]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Emmett A. and Agnes J. Rathbun.
That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Emmett A. and Agnes J. Rathbun, Twenty-nine Palms, California, the sum of $1,221. The payment of such sum shall be in full settlement of all claims of the said Emmett A. and Agnes J, Rathbun against the United States arising out of overpayments of their Federal income tax for the taxable years 1962, 1963, 1964, and 1965. The said Emmett A. Rathbun was unable to file claims for refund of such overpayments during the period provided by law therefor because of his disabilities.
Sec. 2. No part of the amount appropriated in the first section of this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof be fined in any sum not exceeding $1,000.00.
Approved July 30, 1974.
Private Law 93–87: For the relief of Robert J. Beas. Private Law87 Private Law 93–87 88 Stat. 2378 1974-08-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–87
AN ACT For the relief of Robert J. Beas.

August 2, 1974

[H. R. 3544]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Robert J. Beas.
That Robert J. Beas, of 6641 Grosse Drive, Cleveland, Ohio, hereby is relieved of all liability to repay to the United States the sum of $600, Such sum represents the amount which he was required to pay for the loss of a package of registered mail while he. was employed at the United States post office at Cleveland, Ohio.
Sec. 2. The Secretary of the Treasury is hereby authorized and directed to pay to the said Robert. J. Beas, out of any money in the Treasury not otherwise appropriated, any amounts paid by him in reduction of the indebtedness referred to in section 1 of this Act or withheld from amounts otherwise due him because of that indebtedness. No part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any stun not exceeding $1,000,
Approved August 2, 1974.
Private Law 93–88: For the relief of Lidia Myslinska Bukosky. Private Law88 Private Law 93–88 88 Stat. 2379 1974-08-17 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private 88 Stat. 2379 Private Law 93–88
AN ACT For the relief of Lidia Myslinska Bukosky.

August 17, 1974

[H. R. 2537]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, in the administration

Lidia M. Bokosky.

 of the Immigration and Nationality Act, Mrs. Lidia Myslinska Bokosky, the widow of a citizen of the United States, shall be held and considered to be within the purview of section 201(b) of that Act

8 USC 1151.

8 USC 1154.

 and the provisions of section 204 of such Act, shall not be applicable in this case.
Approved August 17, 1974.
Private Law 93–89: For the relief of Melissa Catambay Gutierrez and Milagros Catambay Gutierrez. Private Law89 Private Law 93–89 88 Stat. 2379 1974-08-17 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–89
AN ACT For the relief of Melissa Catambay Gutierrez and Milagros Catambay Gutierrez.

August 17, 1974

[H. R. 4590]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, in the administration

Melissa C. and Milagros C. Gutierrez.

 of the Immigration and Nationality Act, Melissa Catambay Gutierrez and Milagros Catambay Gutierrez may be classified as children within the meaning of section 101(b)(1)(F) of the Act, upon

8 USC 1101.

 approval of petitions filed in their behalf by Mr. and Mrs. Ulpiano F. Gutierrez, citizens of the United States, pursuant to section 204 of the said Act: Provided, That the brothers or sisters of the beneficiaries

8 USC 1154.

 shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved August 17, 1974.
Private Law 93–90: For the relief of Linda Julie Dickson (nee Waters}. Private Law90 Private Law 93–90 88 Stat. 2379 1974-08-17 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–90
AN ACT For the relief of Linda Julie Dickson (nee Waters}.

August 17, 1974

[H. R. 5667]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, notwithstanding

Linda J. Dickson.

 the provision of section 212(a) (23) of the Immigration and Nationality Act, Linda Julie Dickson (nee Waters) may be issued a

8 USC 1182.

 visa and admitted to the United States for permanent residence if she is found to be otherwise admissible under the provisions of that Act: Provided, That this exemption shall apply only to a ground for exclusion of which the Department of State or the Department of Justice had knowledge prior to the enactment of this Act.
Approved August 17, 1974.
Private Law 93–91: To confer United States citizenship posthumously upon Lance Corporal Federico Silva. Private Law91 Private Law 93–91 88 Stat. 2380 1974-08-20 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private 88 Stat. 2380 Private Law 93–91
AN ACT To confer United States citizenship posthumously upon Lance Corporal Federico Silva.

August 20, 1974

[H. R. 7682]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Lance Cpl. Federico Silva, USMC.
That Lance Corporal Federico Silva, a native of Mexico, who was serving in the united States Marine Corps when he was killed in action on December 18, 1965, shall be held and considered to have been a citizen of the United States at the time of his death.
Approved August 20, 1974.
Private Law 93–92: For the relief of Joe H. Morgan. Private Law92 Private Law 93–92 88 Stat. 2380 1974-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–92
AN ACT For the relief of Joe H. Morgan.

October 11, 1974

[S. 1276]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Joe H. Morgan.
That, Joe H. Morgan of Mililani Town, Hawaii, is relieved of all liability for repayment to the United States of the sum of $940, represent mg the amount of unauthorized travel expenses paid by the United States to transport the dependent wife and child of the said Joe H. Morgan from Honolulu, Hawaii, to Norton Air Force Base, California, in June 1970, and from San Francisco, California, to Honolulu, Hawaii, in June 1971, following the release of the said Joe H. Morgan from active duty with the United States Navy on June 30, 1970. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, full credit shall be given for the amount for which liability is relieved by this Act.
Sec. 2. (a) The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the said Joe H. Morgan the sum of any amount received or withheld from him on account of the indebtedness referred to in the first section of this Act. (b) No part of any amount appropriated in this section shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this subsection shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any amount not exceeding $1,000.
Approved October 11, 1974.
Private Law 93–93: For the relief of Dulce Pilar Costin (Castin-Casas). Private Law93 Private Law 93–93 88 Stat. 2380 1974-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–93
AN ACT For the relief of Dulce Pilar Costin (Castin-Casas).

October 11, 1974

[S. 2337]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Dulce P. Castin.
That, in the administration of the Immigration and Nationality Act, Dulce Pilar Castin (Castin-Casas) shall be classified as a child within the meaning of section

8 USC 1101.

8 USC 1154.

 101(b) (1) (F) of such Act upon approval of a petition filed in her behalf pursuant to section 204 of such Act, by Vincent F. Iannarelli, Junior, a citizen of the United States. The brothers and sisters of 88 Stat. 2381the said Dulce Pilar Castin (Castin-Casas) shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved October 11, 1974.
Private Law 93–94: For the relief of Caridad R. Balonan. Private Law94 Private Law 93–94 88 Stat. 2381 1974-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–94
AN ACT For the relief of Caridad R. Balonan.

October 11, 1974

[S. 2382]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, for the purposes

Caridad R. Balonan.

 of sections 203(a) (2) and 204 of the Immigration and Nationality Act, Caridad R. Balonan shall be held and considered to be the

8 USC 1153, 1154.

 natural-born alien daughter of Felix O. Balonan, a lawful resident alien of the United States. No natural parent, brother, or sister of the said Caridad R. Balonan, by virtue of such relationship, shall be accorded any right, privilege, or status under the Immigration and Nationality Act.

8 USC 1101 note.
Approved October 11, 1974.
Private Law 93–95: To grant the status of permanent residence to Ivy May Glockner formerly Ivy May Richmond nee Pond. Private Law95 Private Law 93–95 88 Stat. 2381 1974-10-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–95
JOINT RESOLUTION To grant the status of permanent residence to Ivy May Glockner formerly Ivy May Richmond nee Pond.

October 11, 1974

[S. J. Res. 192]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That, in the case of Ivy May

Ivy M. Glockner.

 Glockner formerly Ivy May Richmond nee Pond, in whose case deportation was suspended in accordance with the provisions of section 19(c) (2) of the Immigration Act of February 5, 1917, as amended (39 Stat. 889: 54 Stat. 672–673), the Commissioner of Immigration and

8 USC 155 note.

 Naturalization is authorized and directed to cancel deportation proceedings and, in accordance with the provisions of the said section 19(c) (2) of the said Act, to record the alien’s lawful admission for permanent residence as of June 9, 1946, upon payment of a fee of $18 to the Commissioner.
Approved October 11, 1974.
Private Law 93–96: For the relief of Thomas C. Johnson. Private Law96 Private Law 93–96 88 Stat. 2381 1974-10-17 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–96
AN ACT For the relief of Thomas C. Johnson.

October 17, 1974

[H. R. 6202]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That Thomas C.

Thomas C. Johnson.

 Johnson, of Hingham, Massachusetts, is relieved of liability to the United States in the amount of $2,382.94, representing overpayments of active duty pay received by him as a member of the United States Army for the period from July 5, 1967, to July 4, 1969, inclusive, as a result of an administrative error which, through no fault of his own, occurred in crediting him with service in the advanced Reserve Officers Training Corps program. In the audit and settlement, of the accounts of any certifying or disbursing officer of the United States, full credit shall be given for the amount for which liability is relieved by this section.
88 Stat. 2382
Sec. 2. (a) The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the said Thomas C. Johnson, an amount equal to the aggregate of the amounts paid by him, or withheld from sums otherwise due him, with respect to the indebtedness to the United States specified in the first section of this Act. (b) No part of the amount appropriated in subsection (a) of this section shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this subsection shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 17, 1974.
Private Law 93–97: For the relief of Lucille de Saint Andre. Private Law97 Private Law 93–97 88 Stat. 2382 1974-10-17 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–97
AN ACT For the relief of Lucille de Saint Andre.

October 17, 1974

[H. R. 6477]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Lucille de Saint Andre.

8 USC 1182.
That, notwithstanding the provision of section 212(a) (12) of the Immigration and Nationality Act, Lucille de Saint Andre may be issued a visa and admitted to the United States for permanent residence if she is found to be otherwise admissible under the provisions of that Act: Provided, That this exemption shall apply only to a ground for exclusion of which the Department of State or the Department of Justice had knowledge prior to the enactment of this Act.
Approved October 17, 1974.
Private Law 93–98: For the relief of Donald L. Tyndall, Bruce Edward Tyndall, Kimberly Fay Tyndall, and Lisa Michele Tyndall. Private Law98 Private Law 93–98 88 Stat. 2382 1974-10-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–98
AN ACT For the relief of Donald L. Tyndall, Bruce Edward Tyndall, Kimberly Fay Tyndall, and Lisa Michele Tyndall.

October 18, 1974

[H. R. 3532]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Donald L., Bruce E., Kimberly F., and Lisa M. Tyndall.
That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the stun of $24,000 to Donald L. Tyndall; the sum of $12,000 to the Clerk of the Superior Court of Duplin County, North Carolina, to be administered under North Carolina general statute TA–111 entitled “Receipts and Disbursements of Insurance and other Moneys of Minors and Incapacitated Adults”, in behalf of Bruce Edward Tyndall, a minor; the sum of $12,000 to the Clerk of the Superior Court of Duplin County, North Carolina, to be administered under North Carolina genera! statutes TA–111 entitled “Receipts and Disbursements of Insurance, and other Moneys of Minors and Incapacitated Adults”, in behalf of Lisa Michele Tyndall, a minor; and the sum of $2,000 to the Clerk of the Superior Court of Duplin County, North Carolina, to be administered under North Carolina general statute TA–111 entitled “Receipts and Disbursements of Insurance and other Moneys of Minors and Incapacitated Adults”, in behalf of Kimberly Kay Tyndall, a minor, in full settlement of all claims against the United States for medical and hospital expenses, funeral expenses, personal injuries, death, property 88 Stat. 2383damage, and other damages and losses suffered as the result of an automobile accident which occurred in Duplin County, North Carolina, on Highway Numbered 24 near the town of Beulaville on October 5, 1967, when a Chevrolet automobile in which the family was riding was struck and demolished by a United States Marine Corps six-wheel truck driven by a member of the Marine Corps. These, claims are not cognizable under the tort claims provisions of title 28, United States Code.
Sec. 2. No part of each of the amounts appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall lie deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved October 18, 1974.
Private Law 93–99: To direct the Secretary of the Interior to convey certain public land in the State of Michigan to the Wisconsin Michigan Power Company. Private Law99 Private Law 93–99 88 Stat. 2383 1974-10-20 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–99
AN ACT To direct the Secretary of the Interior to convey certain public land in the State of Michigan to the Wisconsin Michigan Power Company.

October 20, 1974

[H. R. 3903]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) subject

Wisconsin Michigan Power Company.

 to the provisions of subsection (c), the Secretary of the Interior (hereafter referred to in this Act as the “Secretary”) is authorized and directed to convey to the Wisconsin Michigan Power Company of Milwaukee, Wisconsin, ail right, title, and interest of the United States in and to the real property described in subsection (b). (b) The property inferred to in subsection (a) consists of 3.11 acres, more or less, and is described as follows: Lot 6, section 17, township 41 north, range 31 west, Michigan Meridian, Iron Comity. Michigan. (c) The Secretary shall convey such property to the said Wisconsin Michigan Power Company upon the payment of administrative costs as determined by the Secretary, plus the fair market value of the property. The fair market value shall be determined by the Secretary on the basis of the value of such lands at the date of appraisal, exclusive of any increased value resulting from the development or improvement of the lands by Wisconsin Michigan Power Company.
Approved October 20, 1974.
Private Law 93–100: To provide for the conveyance of certain real property of the United States to Mrs. Harriet La Pointe Vanderventer. Private Law100 Private Law 93–100 88 Stat. 2383 1974-10-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–100
AN ACT To provide for the conveyance of certain real property of the United States to Mrs. Harriet La Pointe Vanderventer.

October 22, 1974

[H. R. 8824]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, subject to the

Harriet La Pointe Vanderventer.

 provisions of section 2 of this Act, the Secretary of the Interior shall convey, without consideration therefor, to Mrs. Harriet La Pointe Vanderventer, Ashland, Wisconsin, or her heirs, all right, title, and interest of the United States in and to the Bad River Indian allotment numbered 15, more particularly described as the east half of the southeast quarter, section 19, township 47 north, range 2 west, fourth principal meridian, Wisconsin, containing eighty acres, more or less.
88 Stat. 2384
Sec. 2. The conveyance referred to in the first section of this Act shall be subject to the same limitations, conditions, restrictions, and reservations contained in the patent issued by the United States to the original allottee of the Bad River Indian allotment numbered 15, which allotment is more particularly described in such first section.
Approved October 22, 1974.
Private Law 93–101: For the relief of Jose Ismarnardo Reyes-Morelos. Private Law101 Private Law 93–101 88 Stat. 2383 1974-12-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–101
AN ACT For the relief of Jose Ismarnardo Reyes-Morelos.

December 27, 1974

[S. 3397]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Jose I. Reyes-Morelos.
That, in the administration of the Immigration and Nationality Act, section 204(c) of

8 USC 1154.

the Act, relating to the number of petitions which may be approved in behalf of children, shall be inapplicable in the case of a petition filed in behalf of Jose Ismarnardo Reyes-Morelos by Mr. and Mrs. Lawrence A. Lemmen, citizens of the United States: Provided, That the brothers or sisters of the beneficiary shall not by virtue of such relationship be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved December 27, 1974.
Private Law 93–102: For the relief of Anita Tomasi. Private Law102 Private Law 93–102 88 Stat. 2384 1974-12-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–102
AN ACT For the relief of Anita Tomasi.

December 27, 1974

[S. 3578]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Anita Tomasi.
That, in the administration of the Immigration and Nationality Act, Anita Tomasi may be classified as a child within the meaning of section 101(b)(1)(F)

8 USC 1101.

of such Act upon approval of a petition filed in her behalf by Miss Theresa Tomasi, a citizen of the United States, pursuant to section 204

8 USC 1154.

of such Act: Provided, That the brothers or sisters of the beneficiary shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved December 27, 1974.
Private Law 93–103: To authorize and direct the Secretary of the Interior to sell interests of the United States in certain lauds located in the State of Alaska to the Gospel Missionary Union. Private Law103 Private Law 93–103 88 Stat. 2384 1974-12-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–103
AN ACT To authorize and direct the Secretary of the Interior to sell interests of the United States in certain lauds located in the State of Alaska to the Gospel Missionary Union.

December 31, 1974

[S. 184]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Gospel Missionary Union.

That, the Secretary of the Interior shall, subject to the provisions of section 2 of this Act, release and convey to the Gospel Missionary Union all right, title, and interest of the United States in and to the following described property:

88 Stat. 2385

Lot 14 of Lena Point No. 1, Small Tract Group, in United States Survey 3053, on the southerly side of the Lena Point Highway, approximately 17½ miles northwest, of Juneau. Alaska, comprising approximately .22 acre.
Sec. 2. The conveyance authorized by the first section of this Act shall be made upon payment by the Gospel Missionary Union to the Secretary of the Interior of an amount equal to the fair market value of such land (excluding any improvements), as determined by the Secretary after appraisal.
Approved December 31, 1974.
Private Law 93–104: For the relief of Mary Red Head. Private Law104 Private Law 93–104 88 Stat. 2385 1974-12-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–104
AN ACT For the relief of Mary Red Head.

December 31, 1974

[S. 1357]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary

Mary Red Head.

 of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Mary Red Head of Browning, Montana, the sum of $10,000 in full settlement of all her claims against the United States for disability arising out of the loss of part of her arm (from the elbow down) in 1921 in machinery she was operating in the laundry while a student at the Cut Bank Boarding School, Montana, a school operated by the Bureau of Indian Affairs. No part of the amount appropriated in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall lie unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved December 31, 1974.
Private Law 93–104: For the relief of Jan Sejna. Private Law104 Private Law 93–104 88 Stat. 2385 1974-12-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–104
AN ACT For the relief of Jan Sejna.

December 31, 1974

[S. 2594]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That Jan Sejna,

Jan Sejna.

 who was lawfully admitted to the United States for permanent residence on February 28, 1968, shall be held and considered not to be within the classes of persons whose naturalization is prohibited by the provisions of section 313 of the Immigration and Nationality Act.

8 USC 1424.
Approved December 31, 1974.
Private Law 93–106: For the relief of Michael D. Manemann. Private Law106 Private Law 93–106 88 Stat. 2386 1974-12-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private 88 Stat. 2386 Private Law 93–106
AN ACT For the relief of Michael D. Manemann.

December 31, 1974

[S. 2838]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Michael D. Manemann.
That (a) in accordance with conclusions of the Report of the Review Panel, filed October 10, 1973, pursuant to sections 1492 and 2509 of title 28, United States Code, in Congressional Reference Case Numbered 3–71, before the Chief Commissioner of the Court of Claims, entitled “Michael D. Manemann against The United States,” the Secretary is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Michael D. Manemann, a former military dependent, the sum of $27,000, in full satisfaction of all claims (including those for lost earnings, pain and suffering, and residual disability) of the said Michael D. Manemann against the United States resulting from the actions occurring overseas, of medical personnel of the United States Air Force who, it was found, in 1962 negligently failed to diagnose the existence of tuberculosis, at which time X-rays then taken showed a suspicious condition which should have led to further studies and to treatment which would probably have then obviated the need for surgery which was subsequently undertaken upon the discovery of advanced tuberculosis in 1965. (b) No part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved December 31, 1974.
Private Law 93–107: For the relief of Selmer Amundson. Private Law107 Private Law 93–107 88 Stat. 2386 1974-12-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–107
AN ACT For the relief of Selmer Amundson.

December 31, 1974

[H. R. 3538]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Selmer Amundson; Social Security Act, amendment.

42 USC 423.

42 USC 416.
That, for purposes of determining the entitlement of Selmer Amundson, of Albert Lea, Minnesota, to disability insurance benefits under section 223 of the Social Security Act (and to the establishment of a period of disability under section 216 (i) of such Act) on the basis of his wages and self-employment income, the tax returns of the said Selmer Amundson’s self-employment income for the year’s 1964 through 1968 (which were filed in 1971 following discovery of the wrongful failure of his accountant to file them when due) shall each be deemed to have been filed before the expiration of the applicable time limitation as defined in section

42 USC 405.

205(c) (1) (B) of such Act, and such self-employment income shall accordingly be included in the records of the Secretary of Health, Education, and Welfare as provided in section 205(c) (4) (C) of such Act.
Sec. 2.

42 USC 418.

 Section 218 (p) (1) of the Social Security Act is amended by inserting “Montana”, immediately after “Maryland,”.
Approved December 31, 1974.
Private Law 93–108: For the relief of Charles William Thomas, deceased. Private Law108 Private Law 93–108 88 Stat. 2387 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private 88 Stat. 2387 Private Law 93–108
AN ACT For the relief of Charles William Thomas, deceased.

January 2, 1975

[S. 2446]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) Charles

Charles W. Thomas.

 William Thomas, of Orange, Texas, died in Washington, District of Columbia, shall be held and considered— (1) to have been appointed as a Foreign Service officer of class 3 under sections 511 and 621 of the Foreign Service Act of 1946, on April 23, 1967;

22 USC 906, 991.

 (2) to have served, during the period from April 23, 1967, through April 12, 1971, as a Foreign Service officer of class 3; (3) to have died on April 12, 1971, as a Foreign Service officer of class 3; and (4) to have had in effect for the period from April 23, 1967, through April 12, 1971, that amount of group life insurance, and an equal amount of group accidental death and dismemberment insurance (purchased by the Civil Service Commission) to which he would have been entitled as a Foreign Service Officer of class 3 during such period. (b) The Secretary of State shall determine— (1) the amount of salary (including increases in salary under section 625 of the Foreign Service Act of 1946) to which the

22 USC 995.

 said Charles William Thomas would have been entitled during the period from April 23, 1967. through April 12, 1971, as a Foreign Service officer of class 3, less an amount equal to the difference between the amount actually paid by the said Charles William Thomas in group life and accidental death and dismemberment insurance premiums and the amount of such premiums he would have paid for the coverage of such insurance during that period had he been a Foreign Service officer of class 3; (2) the amount of any lump sum payment to which the said Charles William Thomas would have been entitled under section 5551 of title 5, United States Code (relating to accumulated and accrued leave), upon his death on April 12, 1971, as a Foreign Service officer of class 3; (3) the amount of annuity to which the widow of the said Charles William Thomas would have been entitled under section 821 of the Foreign Service Act of 1946 from April 12, 1971,

22 USC 1076.

 through the day prior to the date of enactment of this Act had such annuity been computed on the basis of the amount of salary referred to in clause (1) of this subsection and the service referred to in subsection (a) of this section; (4) the amount of any insurance lump sum or other benefit payments to which the widow and children of Charles William Thomas, deceased, would be entitled to pursuant to paragraph (4) above. (c) Each amount determined by the Secretary under subsection (b) of this section shall be (1) reduced by any amount paid to the said Charles William Thomas as salary during the period referred to in clause (1) of such subsection, as an annuity payable to the widow of the said Charles William Thomas, and (2) as so reduced, paid by the Secretary out of funds available for the payment of salaries of Foreign Service officer’s, lump sum payments, or annuities to such, officers or their survivors, as appropriate. (d) In the administration of section 832 of the Foreign Service Act

22 USC 1082.

of 1946, as amended, and surviving widow of the said Charles William Thomas shall be entitled to be paid an annuity as recomputed on the basis of the provisions of subsection (a) of this section.
Sec. 2. No part of any payment authorized in this Act shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Violation of the provisions of this section is a misdemeanor punishable by a fine not to exceed $1,000.
Approved January 2, 1974.
Private Law 93–109: For the relief of Corporal Paul C. Amedeo, United States Marine Corps Reserve. Private Law109 Private Law 93–109 88 Stat. 2388 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private 88 Stat. 2388 Private Law 93–109
AN ACT For the relief of Corporal Paul C. Amedeo, United States Marine Corps Reserve.

January 2, 1975

[H. R. 1715]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Cpl. Paul C. Amedeo, USMCR.
That Corporal Paul C. Amedeo, United States Marine Corps Reserve, of Binghamton, New York, is relieved of liability to the United States in the amount of $606.92, representing the amount due to the United States as a result of certain overpayments of pay and allowances received by him during the period beginning April 20, 1966, and ending October 19, 1970, while he was on active duty in the United States Marine Corps. The overpayments were the result of administrative errors which occurred without fault on the part of Corporal Paul C. Amedeo. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, credit shall be given for the amount for which liability is relieved by this section.
Sec. 2. (a) The Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Corporal Paul C. Amedeo an amount equal to the aggregate of any amounts paid by him to the United States with respect to the indebtedness to the United States referred to in the first section of this Act. (b) No part of the amount appropriated in subsection (a) of this section in excess of 10 per centum thereof shall lie paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this subsection shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved January 2, 1975.
Private Law 93–110: For the relief of Raymond W. Suchy, second lieutenant, United States Army (retired). Private Law110 Private Law 93–110 88 Stat. 2388 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–110
AN ACT For the relief of Raymond W. Suchy, second lieutenant, United States Army (retired).

January 2, 1975

[H. R. 2208]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

2d Lt. Raymond W. Suchy, USA.
That the Secretary of the Treasury is authorized and directed to pay, out of any money 88 Stat. 2389in the Treasury not otherwise appropriated, to Second Lieutenant Raymond W. Suchy United States Army, retired, (Army Serial Number xxxx Social Security Number xxxx of Shorewood, Wisconsin, the sum of $28,758.29 in full settlement of all his claims against the United States for retirement benefits which accrued from March 24, 1945 to July 17, 1945, and August 30, 1945 to March 16, 1962, and which he failed to receive due to administrative error.
Sec. 2. No amount of the sum appropriated in the first section of this Act shall lie paid to or received by any agent or attorney for services rendered in connection with this claim. Any person violating provisions of this section shall be fined not more than $1,000.
Approved January 2, 1975.
Private Law 93–111: For the relief of Nepty Masauo Jones. Private Law111 Private Law 93–111 88 Stat. 2389 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–111
AN ACT For the relief of Nepty Masauo Jones.

January 2, 1975

[H. R. 3203]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, in the administration

Nepty M. Jones.

 of the Immigration and Nationality Act, Nepty Masauo Jones may be classified as a child within the meaning of section 101 (b)(1)(F) of the Act, and a petition filed in his behalf by Janet

8 USC 1101.

 Middleton Jones, a citizen of the United States, may be approved pursuant to section 204 of the Act: Provided, That the natural parents or

8 USC 1154.

 brothers or sisters of the beneficiary shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved January 2, 1975.
Private Law 93–112: For the relief of Delmira DeBow. Private Law112 Private Law 93–112 88 Stat. 2389 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–112
AN ACT For the relief of Delmira DeBow.

January 2, 1975

[H. R. 3339]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, in the administration

Delmira DeBow.

 of the Immigration and Nationality Act, Delmira DeBow may be classified as a child within the meaning of section 101(b) (1) (F) of the Act, upon approval of a petition filed in her behalf by

8 USC 1101.

 Mr. and Mrs. Klein N. M. DeBow, citizens of the United States pursuant to section 204 of the Act, and the provisions of section 245(c)

8 USC 1154.

8 USC 1255.

 of the Act shall be inapplicable in this case: Provided, That the natural parents or brothers or sisters of the beneficiary shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved January 2, 1975.
Private Law 93–113: For the relief of Nicola Lomuscio. Private Law113 Private Law 93–113 88 Stat. 2390 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private 88 Stat. 2390 Private Law 93–113
AN ACT For the relief of Nicola Lomuscio.

January 2, 1975

[H. R. 7684]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Nicola Lomuscia.
That, notwithstanding the provisions of section 212(a) (9) and (19) of the Immigration

8 USC 1182.

and Nationality Act, Nicola Lomuscio may be issued a visa and admitted to the United States for permanent residence if he is found to be otherwise admissible under the provisions of that Act: Provided, That these exemptions shall apply only to grounds for exclusion of which the Department of State or the Department of Justice had knowledge prior txo the enactment of this Act.
Approved January 2, 1975.
Private Law 93–114: For the relief of Samuel Cabildo Jose. Private Law114 Private Law 93–114 88 Stat. 2390 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–114
AN ACT For the relief of Samuel Cabildo Jose.

January 2, 1975

[H. R. 7767]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Samuel C. Jose.
That, in the administration of the Immigration and Nationality Act, Samuel Cabildo Jose may be classified as a child within the meaning of section 101(b)

8 USC 1101.

(1) (F) of the Act, upon approval of a petition filed in his behalf by Mr. and Mrs. Alfred N. Jose, citizens of the United States, pursuant

S USC 1154.

to section 204 of the Act: Provided, That the natural parents or brothers or sisters of the beneficiary shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved January 2, 1975.
Private Law 93–115: For the relief of William L. Cameron, Junior. Private Law115 Private Law 93–115 88 Stat. 2390 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 private Private Law 93–115
AN ACT For the relief of William L. Cameron, Junior.

January 2, 1975

[H. R. 8322]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

William L. Cameron, Jr.
That the Secretary of the Army is authorized and directed to receive, consider, and if found meritorious, to pay the claim of William L. Cameron, Junior, of Fountain, Colorado, for the destruction of his 1968 Ford Falcon automobile on or about August 29, 1970, when it was set on fire while parked at the headquarters parking lot at the United States Army Post at Baumholder, Germany, as if that claim was cognizable under the Military Personnel and Civilian Employees’ Claims Act of 1964,

31 USC 240 note.

as amended (78 Stat. 767, as amended); and in the consideration of the claim under that Act, the said William L. Cameron, Junior, shall be held and considered to be a person eligible to be compensated under the Act.
Approved January 2, 1975.
Private Law 93–116: For the relief of Fernando Labrador del Rosario. Private Law 116 Private Law 93–116 88 Stat. 2391 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 private 88 Stat. 2391 Private Law 93–116
AN ACT For the relief of Fernando Labrador del Rosario.

January 2, 1975

[H. R. 9182]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Fernando L. del Rosario.
That, in the administration of the Immigration and Nationality Act, Fernando Labrador del Rosario may be classified as a child within the meaning of section 101(b)(1)(F) of the Act. upon approval of a petition filed in his

8 USC 1101.

 behalf by Mr. and Mrs. Teodoro de la Fuente del Rosario, a citizen of the United States, and a lawful resident alien, respectively, pursuant to section 204 of the Act: Provided, That the natural parents or

8 USC 1154.

 brothers or sisters of the beneficiary shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
Approved January 2, 1975.
Private Law 93–117: For the relief of the city of Aransas Pass, Texas, and the Urban Renewal Agency of the city of Aransas Pass, Texas. Private Law 117 Private Law 93–117 88 Stat. 2391 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 private Private Law 93–117
AN ACT For the relief of the city of Aransas Pass, Texas, and the Urban Renewal Agency of the city of Aransas Pass, Texas.

January 2, 1975

[H. R. 9588]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Aransas Pass Tex.
That notwithstanding any other provision of this Act or title 1 of the Housing Act of 1949, as amended, the Secretary of Housing and Urban Development

42 USC 1450.

 is authorized and directed to release the city of Aransas Pass, Texas, and the Urban Renewal Agency of the city of Aransas Pass, Texas, from the obligations of their agreement with the Department of Housing and Urban Development entered into in connection with the closeout of the project numbered Tex. R-92, to provide payments of any kind for any deficit local grants-in-aid to said project. Said release shall be effective as of the original date of closeout: Provided,That nothing herein shall be construed to relieve the city of Aransas Pass, Texas, from its contractual obligations with respect to the unsold project land.
Approved January 2, 1975.
Private Law 93–118: For the relief of Mr. Aldo Massara. Private Law 118 Private Law 93–118 88 Stat. 2391 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 private Private Law 93–118
AN ACT For the relief of Mr. Aldo Massara.

January 2, 1975

[H. R. 9654]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Aldo Massara.

8 USC 1101 note.
That, in the administration of the Immigration and Nationality Act, Mr. Aldo Massara shall be held and considered to have complied with the provisions of section 316 of that Act as they relate to residence and physical

8 USC 1427.

 presence.
Approved January 2, 1975.
Private Law 93–119: For the relief of Kiyonao Okami. Private Law 119 Private Law 93–119 88 Stat. 2392 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 private 88 Stat. 2392 Private Law 93–119
AN ACT For the relief of Kiyonao Okami.

January 2, 1975

[H. R. 10827]

 Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled,

Kiyonao Okami.
That for the purposes of computing the retirement annuity due Kiyonao Okami, of Dublin, Ireland, under section 821(a) of the Foreign Service Act of 1946 (22 U.S.C. 1076(a)), his promotion to step one of class 3 shall be deemed to have, taken effect on May 19, 1968, if he pays any additional contributions within six months after the date of enactment of this Act which may be required by section 811 of such Act (22 U.S.C. 1071) because of the effective date of such promotion. However, he shall not have to pay any such contributions for the time period beginning on the date of his retirement from the Foreign Service through the date on which he receives the first increased annuity payment resulting from such promotion. The said Kiyonao Okami shall be given the option to increase the survivor election he made at retirement up to the maximum amount possible on the increased annuity authorized by this Act. The increased annuity payments resulting from such promotion shall be effective beginning with the first annuity payment after the month in which he makes the additional contribution provided by the first sentence of this Act.
Approved January 2, 1975.
Private Law 93–120: For the relief of certain fire districts and departments in the State of Missouri to compensate them for expenses relating to a fire on Federal property. Private Law 120 Private Law 93–120 88 Stat. 2392 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 private Private Law 93–120
AN ACT For the relief of certain fire districts and departments in the State of Missouri to compensate them for expenses relating to a fire on Federal property.

January 2, 1975

[H. R. 11847]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Certain fire districts and departments, Mo.
That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to each of the following fire departments and fire districts in the State of Missouri the sum indicated thereafter: (1) City of Berkeley Fire Department, the sum of $546.36. (2) Black Jack Fire Protection District, the sum of $220.52. (3) City of Brentwood Fire Department, the sum of $85.40. (4) Chesterfield Fire Protection District, the sum of $90.28. (5) City of Clayton Fire Department, the sum of $97.60. (6) Community Fire Protection District, the sum of $11,250.51. (7) Creve Coeur Fire Protection District, the sum of $1,843.58. (8) Eureka Fire Protection District, the sum of $117.12. (9) City of Ferguson Fire Department, the sum of $158.60. (10) City of Hazlewood Fire Department, the sum of $183.00. (11) City of Kirkwood Fire Department, the sum of $583.88. (12) City of Ladue Fire Department, the sum of $87.84. (13) Maryland Heights Fire Protection District, the sum of $2,492.60. (14) Mehlville Fire Protection District, the sum of $214.72. (15) Moline Fire Protection District, the sum of $48.80. (16) Normandy Fire Protection District, the sum of $628.00. (17) City of Olivette Fire Department, the sum of $484.24. (18) Pattonville Fire Protection District, the sum of $390.40. (19) Robertson Fire Protection District, the sum of $1,190.72. 88 Stat. 2393 (20) City of Rock Hill Fire Department, the sum of $213.24. (21) City of Saint Charles Fire Department, the sum of $407.48. (22) Saint Charles Township Fire Protection District, the sum of $6.00. (23) City of Saint Louis Fire Department, the sum of $219.60. (24) Spanish Lake Fire Protection District, the sum of $58.56. (25) City of University City Fire Department, the sum of $412.92. (26) City of Webster Groves Fire Department, the sum of $126.88. (27) Wellston Fire Protection District, the sum of $975.80. (28) West Overland Fire Protection District, the sum of $2,264.22. The payment of each such sum shall be in full satisfaction of all losses and expenses incurred by each such fire district or department in connection with fighting the fire at the United States General Services Administration’s Military Personnel Records Center in Overland, Missouri, from July 12 to July 16, 1973.
Approved January 2, 1975.
Private Law 93–121: For the relief of Carl C. Strauss and Mary Ann Strauss. Private Law 121 Private Law 93–121 88 Stat. 2393 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 private Private Law 93–121
AN ACT For the relief of Carl C. Strauss and Mary Ann Strauss.

January 2, 1975

[H. R. 13869]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Carl C. and Mary Ann Strauss.
That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Carl C. Strauss and Mary Aim Strauss (husband and wife) of Mount Pleasant, Michigan, the sum of $3,634.50 in full settlement of all their claims against the United States for reimbursement of expenses incurred in clearing title to land which had been improperly transferred to certain predecessors in interest by the Bureau of Indian Affairs, Department of the Interior.
Sec. 2. No part of the amount appropriated in this Act in excess of $867 thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with such claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
Approved January 2, 1975.
Private Law 93–122: For the relief of Judith E. Sterling. Private Law 122 Private Law 93–122 88 Stat. 2393 1975-01-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 private Private Law 93–122
AN ACT For the relief of Judith E. Sterling.

January 2, 1975

[H. R. 14461]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Judith E. Sterling.

8 USC 1101.
That, for the purposes of section 101 (a) (27) (B) of the Immigration and Nationality Act, Judith E. Sterling shall be held and considered to be a returning resident alien.
Approved January 2, 1975.
Private Law 93–123: For the relief of Frank P. Muto, Alphonse A. Muto, Arthur E. Scott, F. Clyde Wilkinson, Arthur D. O’Neill, Joseph H. Avery, Junior, Joshua Cosden, Keith Jewell, Bertha Seelmeyer, Thomas Dennis O’Neill, Robert II. Brockhurst, Michael Senko, Salvatore La Capria, C. J. Moore III, and Ann C. Siegal. Private Law 123 Private Law 93–123 88 Stat. 2394 1975-01-03 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 private 88 Stat. 2394 Private Law 93–123
AN ACT For the relief of Frank P. Muto, Alphonse A. Muto, Arthur E. Scott, F. Clyde Wilkinson, Arthur D. O’Neill, Joseph H. Avery, Junior, Joshua Cosden, Keith Jewell, Bertha Seelmeyer, Thomas Dennis O’Neill, Robert II. Brockhurst, Michael Senko, Salvatore La Capria, C. J. Moore III, and Ann C. Siegal.

January 3, 1975

[S. 251]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Frank P. Muto and others.
That (a) in the administration of subchapter III (relating to civil service retirement)

5 USC 8331.

of chapter 83 of title 5, United States Code, and subject to sections 8334(c) and 8339(h) of such title, Frank P. Muto, Alphonso A. Muto, Arthur E. Scott, and F. Clyde Wilkinson shall be deemed to have rendered creditable service during such periods as they were employees of the Democratic or Republican Senatorial Campaign Committee prior to October 2, 1962. (b) The Civil Service Commission shall accept the certification of the President of the Senate, or his designee, concerning the service of, and the amount of compensation received by, the individuals named in subsection (a) of this section.
Sec. 2. (a) In the administration of subchapter III (relating to civil service retirement) of chapter 83 of title 5, United States Code, and subject to sections 8334(c) and 8339(h) of such title, Arthur D. O’Neill, Joseph H. Avery Junior, Joshua Cosden, Keith Jewell, Bertha Seelmeyer, Thomas Dennis O’Neill, Robert H. Brockhurst, Michael Senko, Salvatore La Capria, C. J. Moore III, and Ann C. Siegal shall be deemed to have rendered creditable service during such periods as they were employees of the Democratic National Congressional Committee or Republican Congressional Committee prior to January 1, 1975. (b) The Civil Service Commission shall accept the certification of the Speaker of the House, or his designee, concerning the service of, and the amount of compensation received by, the individuals named in this section.
Sec. 3. An individual receiving credit for service for any period referred to in this Act shall not be granted credit for such service

42 USC 1305.

under the provisions of the Social Security Act.
Approved January 3, 1975.
CONCURRENT RESOLUTIONS CONCURRENT RESOLUTIONS
second session, ninety-third congress H. Con. Res. 413: JOINT MEETING House Concurrent Resolution 413 January 22, 1974
JOINT MEETING

January 22, 1974

[H. Con. Res. 413]

 Resolved by the House of Representatives (the Senate concurring),

Communications from President.
That the two Houses of Congress assemble in the Hall of the House of Representatives on Wednesday, January 30, 1974. at 9:00 o’clock p.m., for the purpose of receiving such communications as the President of the United States shall be pleased to make to them.
Passed January 22, 1974.
H. Con. Res. 184: CONSTITUTION OF THE UNITED STATES House Concurrent Resolution 184 February 7, 1974
CONSTITUTION OF THE UNITED STATES

February 7, 1974

[H. Con. Res. 184]

 Resolved by the House of Representatives (the Senate concurring),

Printing as House document; additional copies.
That there is authorized to be printed as a House document the Constitution of the United States, as amended through July 5, 1971, with an analytical index and ancillaries regarding proposed amendments prepared by Representative Peter W. Rodino, Junior, of New Jersey to be bound with a paperback cover of the style and design used in printing House Document Numbered 92–157 of the Ninety-second Congress, and that two hundred and forty-one thousand additional copies be printed, of which twenty thousand shall be for the use of the House Committee on the Judiciary and the balance prorated to the Members of the House of Representatives.
Sec. 2. There shall be printed fifty-one thousand five hundred additional copies of the document authorized by section 1 of this concurrent resolution for the use of the Senate.
Passed February 7, 1974.
2397 H. Con. Res. 425: ADJOURNMENT—HOUSE OF REPRESENTATIVES AND SENATE House Concurrent Resolution 425 February 7, 1974
88 Stat. 2398 ADJOURNMENT—HOUSE OF REPRESENTATIVES AND SENATE

February 7, 1974

[H. Con. Res. 425]

 Resolved by the House of Representatives (the Senate concurring),
That when the House adjourns on Thursday, February 7, 1974, it stand adjourned until 12 o’clock meridian, Wednesday, February 13, 1974, and that when the Senate adjourns on Friday, February 8, 1974, it stand adjourned until 12:00 o’clock meridian, Monday, February 18, 1974.
Passed February 7, 1974.
S. Con. Res. 55: CONVENTION OF AMERICAN INSTRUCTORS OF THE DEAF—REPORT Senate Concurrent Resolution 55 March 4, 1974
CONVENTION OF AMERICAN INSTRUCTORS OF THE DEAF—REPORT

March 4, 1974

[S. Con. Res. 55]

 Resolved by the Senate (the House of Representatives concurring),

Printing as Senate document; additional copies.
That the report of the proceedings of the forty-sixth biennial meeting of the Convention of American Instructors of the Deaf, held in Indianapolis, Indiana, from June 24, 1973, through June 29, 1973, lie printed with illustrations as a Senate document. Five thousand five hundred additional copies of such document shall be printed for the use of the Joint Committee on Printing.
Agreed to March 4, 1974.
S. Con. Res. 56: CHILD ABUSE PREVENTION—HEARINGS Senate Concurrent Resolution 56 March 4, 1974
CHILD ABUSE PREVENTION—HEARINGS

March 4, 1974

[S. Con. Res. 56]

 Resolved by the Senate (the House of Representatives concurring),

Printing of additional copies.
That there be printed for the use of the Senate Committee on Labor and Public Welfare one thousand additional copies of the hearings before its Subcommittee on Children and Youth during the present session

Ante, p. 4.

on the Child Abuse Prevention Act, 1973.
Agreed to March 4, 1974.
S. Con. Res. 58: COMMISSION ON THE BANKRUPTCY LAWS OF THE UNITED STATES—REPORT Senate Concurrent Resolution 58 March 4, 1974
COMMISSION ON THE BANKRUPTCY LAWS OF THE UNITED STATES—REPORT

March 4, 1974

[S. Con. Res. 58]

 Resolved by the Senate (the House of Representatives concurring),
That there be printed for the use of the Senate Committee on the Judiciary one thousand additional copies each of parts I and II of the Report of the Commission on the Bankruptcy Laws of the United States (House Document 93–137).
Agreed to March 4, 1974.
S. Con. Res. 59: “DISCLOSURE OF CORPORATE OWNERSHIP” Senate Concurrent Resolution 59 March 4, 1974
“DISCLOSURE OF CORPORATE OWNERSHIP”

March 4, 1974

[S. Con. Res. 59]

 Resolved by the Senate (the House of Representatives concurring),

Printing as senate document of additional copies.
That the compilation entitled “Disclosure of Corporate Ownership”, prepared by the Subcommittees on Intergovernmental Relations and 88 Stat. 2399Budgeting, Management and Expenditures, of the Senate Committee on Government Operations, be printed with illustrations as a Senate document; and that there be printed five thousand additional copies of such document for the use of that committee.
Agreed to March 4, 1974.
S. Con. Res. 61: “CONFIDENCE AND CONCERN: CITIZENS VIEW AMERICAN GOVERNMENT—A SURVEY OF PUBLIC ATTITUDES” Senate Concurrent Resolution 61 March 4, 1974
“CONFIDENCE AND CONCERN: CITIZENS VIEW AMERICAN GOVERNMENT—A SURVEY OF PUBLIC ATTITUDES”

March 4, 1974

[S. Con. Res. 61]

 Resolved by the Senate (the House of Representatives concurring),

Printing of additional copies.
That there be printed for the use of the Senate Committee on Government Operations two thousand additional copies of part I of its committee print entitled “Confidence and Concern: Citizens View American Government—A Survey of Public Attitudes”, dated December 3, 1973.
Agreed to March 4, 1974.
S. Con. Res. 64: J. EDGAR HOOVER—TRIBUTES Senate Concurrent Resolution 64 March 4, 1974
J. EDGAR HOOVER—TRIBUTES

March 4, 1974

[S. Con. Res. 64]

 Resolved by the Senate (the House of Representatives concurring),

Printing as Senate document.
That there be printed with an illustration as a Senate document a compilation of materials eulogizing the late J. Edgar Hoover, including: memorial tributes in the Congress; the eulogy by Warren E. Burger, Chief Justice of the United States, in the Rotunda of the United States Capitol on May 3, 1972; the funeral services for Mr. Hoover at the National Presbyterian Church, Washington, District of Columbia, including the eulogy by President Richard M. Nixon and the tribute by the Reverend Edward L. R. Elson, Chaplain of the United States Senate; and various articles and editorials relating to the life and work of J. Edgar Hoover and his contributions to the well-being of the American people.
Sec. 2. There shall be printed five thousand five hundred and fifty

Additional copies.

 additional copies of the document authorized by section 1 of this concurrent resolution, of which four thousand four hundred and twenty shall be for the use of the House of Representatives, one thousand thirty shall be for the use of the United States Senate, and one hundred shall be for the use of the Senate Committee on the Judiciary.
Sec. 3. The copy of such document shall be prepared under the direction of the Joint Committee on Printing, and the document shall be printed and bound in the format currently used for memorial tributes to deceased Members of Congress.
Agreed to March 4, 1974.
S. Con. Res. 75: ADJOURNMENT—SENATE Senate Concurrent Resolution 75 March 13, 1974
ADJOURNMENT—SENATE

March 13, 1974

[S. Con. Res. 75]

 Resolved by the Senate (the House of Representatives concurring),
That when the Senate completes its business today, Wednesday, March 13, 1974, it stand adjourned until noon, Tuesday, March 19, 1974.
Agreed to March 13, 1974.
S. Con. Res. 75: VETERANS’ BENEFITS CALCULATOR Senate Concurrent Resolution 75 March 26, 1974
88 Stat. 2400 VETERANS’ BENEFITS CALCULATOR

March 26, 1974

[S. Con. Res. 75]

 Resolved by the House of Representatives (the Senate concurring),

Printing of additional copies.
That after the conclusion of the second session of the Ninety-third Congress there shall lie printed fifty thousand three hundred and twenty-five copies of a Veterans’ Benefits Calculator prepared by the House Committee on Veterans’ Affairs of which two thousand copies shall be for the use of the House Committee on Veterans’ Affairs, two thousand copies for the use of the Senate Committee on Veterans’ Affairs, thirty-seven thousand five hundred and seventy copies for the use of the House of Representatives, and eight thousand seven hundred and fifty-five copies for the use of the Senate.
Passed March 26, 1974.
H. Con. Res. 397: “FOREIGN POLICY IMPLICATIONS OF THE ENERGY CRISIS”—HEARINGS House Concurrent Resolution 397 March 26, 1974
“FOREIGN POLICY IMPLICATIONS OF THE ENERGY CRISIS”—HEARINGS

March 26, 1974

[H. Con. Res. 397]

 Resolved by the House of Representatives (the Senate concurring),

Printing of additional copies.
That there shall be printed for the use of the Committee on Foreign Affairs, House of Representatives, one thousand additional copies of the hearings before the Subcommittee on Foreign Economic Policy on September 21, 26, 27, and October 3, 1972, entitled “Foreign Policy Implications of the Energy Crisis”.
Passed March 26, 1974.
H. Con. Res. 475: ADJOURNMENT—HOUSE OF REPRESENTATIVES AND SENATE House Concurrent Resolution 475 April 11, 1974
ADJOURNMENT—HOUSE OF REPRESENTATIVES AND SENATE

April 11, 1974

[H. Con. Res. 475]

 Resolved by the House of Representatives (the Senate concurring),
That when the two Houses adjourn on Thursday, April 11, 1974, they stand adjourned until 12 o’clock noon on Monday, April 22, 1974, or until 12 o’clock noon on the second day after their respective Members are notified to reassemble in accordance with section 2 of this resolution, whichever event first occurs.
Sec. 2. The Speaker of the House of Representatives and the President pro tempore of the Senate shall notify the Members of the House and Senate, respectively, to reassemble whenever, in their opinion, the public interest shall warrant it, or whenever the majority leader of the Senate and the majority leader of the House, acting jointly, or the minority leader of the Senate and the minority leader of the House, acting jointly, file a written request with the Secretary of the Senate and the Clerk of the House that the Congress reassemble for the consideration of legislation.
Passed April 11, 1974.
H. Con. Res. 485: CORRECTION OF ENROLLED BILL H. R. 11793 House Concurrent Resolution 485 May 7, 1974
CORRECTION OF ENROLLED BILL H. R. 11793

May 7, 1974

[H. Con. Res. 485]

 Resolved by the House of Representatives (the Senate concurring),

Ante, p. 96.

That the President of the United States is requested to return to the House of Representatives the enrolled bill (H.R. 11793) to reorganize 88 Stat. 2401and consolidate certain functions of the Federal Government in a new Federal Energy Administration in order to promote more efficient management of such functions. If and when said bill is returned by the President, the action of the Presiding Officers of the two Houses in signing the bill shall be deemed rescinded; and the Clerk of the House is authorized and directed, in the re-enrollment of said bill, to make the following correction:

In section 29 of the enrolled bill, strike out “$2,000,000” and insert in lieu thereof “$200,000,000”.
Passed May 7, 1974.
S. Con. Res. 85: TWO HUNDREDTH ANNIVERSARY OF THE FIRST CONTINENTAL CONGRESS—DAY OF NATIONAL OBSERVANCE Senate Concurrent Resolution 85 May 16, 1974
TWO HUNDREDTH ANNIVERSARY OF THE FIRST CONTINENTAL CONGRESS—DAY OF NATIONAL OBSERVANCE

May 16, 1974

[S. Con. Res. 85]

 Whereas the meeting at Carpenters’ Hall in the City of Philadelphia in the Colony of Pennsylvania from September 5 to October 26, 1774, which has become known as the First Continental Congress, will have observed during 1974 its two hundredth anniversary; and Whereas the actions of that Congress in uniting, for the first time, the thirteen disparate American Colonies to seek redress of their many grievances against the Parliament and King of England, set in motion a series of events leading to the meeting of the Second Continental Congress which produced the Declaration of Independence and guided the new Nation through the American War for Independence; and Whereas the precedents set by the meeting of the first Congress in 1774 form the foundation upon which rests the principles and practices of the existing Congress of the United States of America; and Whereas October 14, 1774, was the date on which the delegates to the first Congress adopted the Declaration and Resolves, expressing to the King of England their rights as Englishmen and their determination to achieve those rights, and is therefore, in itself, an historic date; and Whereas on October 14, 1974, special ceremonies, sponsored by the City of Philadelphia, the National Park Service of the Department of the Interior and the American Revolution Bicentennial Administration, will be held at Carpenters’ Hall in Philadelphia, Pennsylvania, to properly and appropriately observe for the Nation the two hundredth anniversary of the First Continental Congress; and Whereas the two hundredth anniversary of the First Continental Congress marks one of the first historic commemorative events of the American Revolution Bicentennial celebration: Now, therefore, be it Resolved by the Senate (the House of Representatives concurring),
That it is the sense of Congress that October 14, 1974, be proclaimed a Day of National Observance for the Two Hundredth Anniversary of the First Continental Congress and that the people of our Nation be called upon to fittingly observe and honor this important date in our country’s history.
Sec. 2. That the President pro tempore of the Senate and the Speaker of the House be authorized to select, upon the recommendation of the respective majority and minority leaders, four Members of each House to represent the Congress of the United States of America at ceremonies in Carpenters’ Hall, Philadelphia, on October 14, 1974, and to present at said ceremonies to a representative of the City of Philadelphia a copy of this resolution.
88 Stat. 2402
Sec. 3. That the expenses of the Members are authorized to be paid from the contingency funds of the Senate and House of Representatives as approved, respectively, by the Committee on Rules and Administration and the Committee on House Administration.
Agreed to May 16, 1974.
H. Con. Res. 501: ADJOURNMENT—HOUSE OF REPRESENTATIVES AND SENATE House Concurrent Resolution 501 May 22, 1974
ADJOURNMENT—HOUSE OF REPRESENTATIVES AND SENATE

May 22, 1974

[H. Con. Res. 501]

 Resolved by the House of Representatives (the Senate concurring),
That when the House adjourns on Thursday, May 23, 1974, it stand adjourned until 12 o’clock noon on Tuesday. May 28, 1974, and that when the Senate adjourns on Wednesday. May 22, 1974. it stand adjourned until 12:00 o’clock noon on Tuesday. May 28, 1974, or until 12 o’clock noon on the second day after their respective Members are notified to reassemble in accordance with section 2 of this resolution, whichever event first occurs.
Sec. 2. The Speaker of the House of Representatives and the President pro tempore of the Senate shall notify the Members of the House and the Senate, respectively, to reassemble whenever in their opinion the public interest shall warrant it or w’henever the majority leader of the. House and the majority leader of the Senate, acting jointly, or the minority leader of the House and the minority leader of the Senate, acting jointly, file a written request with the Clerk of the House and the Secretary of the Senate that the Congress reassemble for the consideration of legislation.
Passed May 22, 1974.
S. Con. Res. 83: “SURGEON GENERAL’S REPORT BY THE SCIENTIFIC ADVISORY COMMITTEE ON TELEVISION AND SOCIAL BEHAVIO”—HEARINGS Senate Concurrent Resolution 83 May 23, 1974
“SURGEON GENERAL’S REPORT BY THE SCIENTIFIC ADVISORY COMMITTEE ON TELEVISION AND SOCIAL BEHAVIO”—HEARINGS

May 23, 1974

[S. Con. Res. 83]

 Resolved by the Senate (the House of Representatives concurring),

Printing of additional copies.
That there be printed for the use of the Senate Committee on Commerce one thousand additional copies of its hearings of the Ninety- second Congress, second session, entitled “Surgeon General’s Report by the Scientific Advisory Committee on Television and Social Behavior.”.
Agreed to May 23, 1974.
H. Con. Res. 415: “SUMMARY OF VETERANS LEGISLATION REPORTED, NINETY-THIRD CONGRESS” House Concurrent Resolution 415 June 5, 1974
“SUMMARY OF VETERANS LEGISLATION REPORTED, NINETY-THIRD CONGRESS”

June 5, 1974

[H. Con. Res. 415]

 Resolved by the House of Representatives (the Senate concurring),

Printing of copies.
That after the conclusion of the Ninety-third Congress there shall be printed for the use of the Committee on Veterans’ Affairs of the House of Representatives fifty-six thousand one hundred copies of a publication entitled “Summary of Veterans Legislation Reported, Ninety-third Congress”, with an additional forty-four thousand two hundred copies for the use of Members of the House of Representatives.
88 Stat. 2403
Sec. 2. After the conclusion of the Ninety-third Congress there shall be printed for the use of the Committee on Veterans’ Affairs of the United States Senate twenty thousand copies of a publication similar to that authorized by the first section of this concurrent resolution, but with emphasis upon matters relating to veterans’ affairs considered by the Senate or by the Committee on Veterans’ Affairs of the Senate.
Passed June 5, 1974.
S. Con. Res. 73: “TO SAVE THE CHILDREN: NUTRITIONAL INTERVENTION THROUGH SUPPLEMENTAL FEEDING” Senate Concurrent Resolution 73 June 6, 1974
“TO SAVE THE CHILDREN: NUTRITIONAL INTERVENTION THROUGH SUPPLEMENTAL FEEDING”

June 6, 1974

[S. Con. Res. 73]

 Resolved by the Senate (the House of Representatives concurring),

Printing of additional copies.
That there be printed for the use of the Senate Select Committee on Nutrition and Human Needs five thousand additional copies of its committee print entitled “To Save the Children: Nutritional Intervention Through Supplemental Feeding”.
Agreed to June 6, 1974.
H. Con. Res. 454: “OUR FLAG” House Concurrent Resolution 454 June 17, 1974
“OUR FLAG”

June 17, 1974

[H. Con. Res. 454]

 Resolved by the House of Representatives (the Senate concurring),

Printing as House document; additional copies.
That there be printed as a House document with illustrations, a revised edition of the House document “Our Flag”; and that two hundred seventy-two thousand and five hundred additional copies be printed, of which two hundred twenty-one thousand shall lie for the use of the House of Representatives, and fifty-one thousand five hundred shall be for the use of the Senate.
Passed June 17, 1974.
H. Con. Res. 455: “OUR AMERICAN GOVERNMENT. WHAT IS IT? HOW DOES IT WORK?” House Concurrent Resolution 455 June 17, 1974
“OUR AMERICAN GOVERNMENT. WHAT IS IT? HOW DOES IT WORK?”

June 17, 1974

[H. Con. Res. 455]

 Resolved by the House of Representatives (the Senate concurring),

Printing as House document; additional copies.
That there shall be printed, as a House document, a revised edition of the House document “Our American Government. What Is it? How Does It Work?”; and that five hundred and sixty-five thousand additional copies lie printed, of which four hundred and forty-two thousand shall be for the use of the House of Representatives and one hundred and three thousand shall be for the use of the Senate, and twenty thousand shall be for the use of the Joint Committee on Printing.
Passed June 17, 1974.
H. Con. Res. 537: HONOR AMERICA—FLAG DAY TO INDEPENDENCE DAY House Concurrent Resolution 537 June 17, 1974
88 Stat. 2404 HONOR AMERICA—FLAG DAY TO INDEPENDENCE DAY

June 17, 1974

[H. Con. Res. 537]

 Resolved by the House of Representatives (the Senate concurring),
That Congress declares the twenty-one days from Flag Day, June 14, 1974, to Independence Day, July 4, 1974, as a period to honor America, and let there be public gatherings and activities at which the people of the United States can celebrate and honor their country in appropriate manner.
Passed June 17, 1974.
S. Con. Res. 94: BIOMEDICAL AND BEHAVIORAL RESEARCH TRAINING—CONFERENCE PAPERS Senate Concurrent Resolution 94 June 26, 1974
BIOMEDICAL AND BEHAVIORAL RESEARCH TRAINING—CONFERENCE PAPERS

June 26, 1974

[S. Con. Res. 94]

 Resolved by the Senate (the House of Representatives concurring),

Congressional signing of duplicate.

Ante, p. 342.
That the Secretary of the Senate and the Clerk of the House of Representatives are authorized and directed to prepare and sign official duplicates of the conference papers of the bill (H.R. 7724) to amend the Public Health Service Act to establish a national program of biomedical research, fellowships, traineeships, and training to assure the continued excellence of biomedical research in the United States, and for other purposes.
Agreed to June 26, 1974.
S. Con. Res. 86: PRESIDENTIAL ELECTION OF 1972, ILLEGAL, IMPROPER, OR UNETHICAL ACTIVITIES—HEARINGS Senate Concurrent Resolution 86 June 26, 1974
PRESIDENTIAL ELECTION OF 1972, ILLEGAL, IMPROPER, OR UNETHICAL ACTIVITIES—HEARINGS

June 26, 1974

[S. Con. Res. 86]

 Resolved by the Senate (the House of Representatives concurring),

Printing of additional copies.

87 Stat. 1125.
That the authorization (pursuant to S. Con. Res. 29, Ninety-third Congress, agreed to June 28, 1973) for the Senate Select Committee on Presidential Campaign Activities to have printed for its use five thousand additional copies of its hearings on illegal, improper, or unethical activities during the Presidential election of 1972 be extended through the duration of its existence as a select committee.
Sec. 2. There shall be printed for the use of the Senate Select Committee on Presidential Campaign Activities six thousand additional copies of its final report to the Senate.
Agreed to June 26, 1974.
S. Con. Res. 96: ADJOURNMENT—HOUSE OF REPRESENTATIVES AND SENATE Senate Concurrent Resolution 96 June 27, 1974
ADJOURNMENT—HOUSE OF REPRESENTATIVES AND SENATE

June 27, 1974

[S. Con. Res. 96]

 Resolved by the Senate (the House of Representatives concurring),
That when the Senate adjourns on Thursday, June 27, 1974, it shall stand adjourned until 12 noon on July 8, 1974, and that when the House adjourns on Wednesday, July 3, 1974, it stand adjourned until 12 noon on Tuesday, July 9, 1974, or, with respect, to both Houses, until 12 noon on the second day after their respective Members are notified to reassemble in accordance with section 2 of this resolution, whichever event first occurs.
88 Stat. 2405
Sec. 2. The Speaker of the House of Representatives and the President pro tempore of the Senate shall notify the Members of the House and Senate, respectively, to reassemble whenever, in their opinion, the public interest shall warrant it, or whenever the majority leader of the Senate and the majority leader of the House, acting jointly, or the minority leader of the Senate and the minority leader of the House, acting jointly, file a written request with the Secretary of the Senate and the Clerk of the House that the Congress reassemble.
Agreed to June 27, 1974.
S. Con. Res. 101: EARL WARREN—FUNERAL SERVICES Senate Concurrent Resolution 101 July 10, 1974
EARL WARREN—FUNERAL SERVICES

July 10, 1974

[S. Con. Res. 101]

 Resolved by the Senate (the House of Representatives concurring),

Catafalque, transfer.
That the Architect of the Capitol is authorized and directed to transfer to the custody of the Chief Justice of the United States the catafalque which is presently situated in the crypt beneath the rotunda of the Capitol so that the said catafalque may be used in the Supreme Court Building in connection with services to be conducted there for the late Honorable Earl Warren, former Chief Justice of the United States.
Agreed to July 10, 1974.
H. Con. Res. 445: “STATE POSTSECONDARY EDUCATION COMMISSIONS”—HEARINGS House Concurrent Resolution 445 July 15, 1974
“STATE POSTSECONDARY EDUCATION COMMISSIONS”—HEARINGS

July 15, 1974

[H. Con. Res. 445]

 Resolved by the House of Representatives (the Senate concurring),

Printing of copies.
That there shall be printed for the use of the Committee on Education and Labor, House of Representatives, one thousand copies of the Oversight Hearings entitled “State Postsecondary Education Commissions”, held April 9, 11, and 12, 1973.
Passed July 15, 1974.
H. Con. Res. 474: “CONTROLLING THE DAMAGE: UNITED STATES POLICY OPTIONS FOR GREECE”—REPORT House Concurrent Resolution 474 July 15, 1974
“CONTROLLING THE DAMAGE: UNITED STATES POLICY OPTIONS FOR GREECE”—REPORT

July 15, 1974

[H. Con. Res. 474]

 Resolved by the House of Representatives (the Senate concurring),

Printing of copies.
That there shall be printed for use by the Committee on Foreign Affairs of the House of Representatives ten thousand copies of the report of a study mission to Greece entitled “Controlling the Damage: United States Policy Options for Greece”.
Passed July 15, 1974.
H. Con. Res. 223: “UNITED STATES SPACE WEEK” House Concurrent Resolution 223 July 16, 1974
88 Stat. 2406 “UNITED STATES SPACE WEEK”

July 16, 1974

[H. Con. Res. 223]

 Resolved by the House of Representatives (the Senate concurring),

Designation authorization.
That the President is requested to issue a proclamation designating the seven-day period of July 15 through 21, 1974, as “United States Space Week”, and calling upon the people of the United States to observe such period with appropriate ceremonies and activities.
Passed July 16, 1974.
H. Con. Res. 568: CONGRESSIONAL ADJOURNMENT—RULES House Concurrent Resolution 568 July 25, 1974
CONGRESSIONAL ADJOURNMENT—RULES

July 25, 1974

[H. Con. Res. 568]

 Resolved by the House of Representatives (the Senate concurring),

2 USC 72a note.
That notwithstanding the provisions of sec. 132(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 198), as amended by sect ion 461 of the Legislative Reorganization Act of 1970 (Public Law 91–510; 84 Stat. 1193), the House of Representatives and the Senate shall not adjourn for a period in excess of three days, or adjourn sine die, until both Houses of Congress have adopted a concurrent resolution providing either for an adjournment (in excess of three days) to a day certain, or for adjournment sine die.
Passed July 25, 1974.
H. Con. Res. 574: CORRECTION OF ENROLLED BILL H.R. 15074 House Concurrent Resolution 574 August 5, 1974
CORRECTION OF ENROLLED BILL H.R. 15074

August 5, 1974

[H. Con. Res. 574]

 Resolved by the House of Representatives (the Senate concurring),

Ante, p. 446.
That the Clerk of the House of Representatives in the enrollment of the bill (H.R. 15074) to regulate certain political campaign finance practices, and for other purposes, is authorized and directed to make the corrections described as follows: (1) In section 602 of the bill, immediately after “Sec. 602.” insert “(a)”. (2) In section 602(b) of the bill, strike out “and the Chairman and each member of the Council and the Mayor holding mental” and inserting in lieu thereof “and the Mayor, and the Chairman and each member of the Council of the District of Columbia holding office under the District of Columbia Self-Government and Governmental”. (3) In section 602(a) (5) of the bill, strike out “or real property” and insert in lieu thereof “of real property”. (4) In section 702 insert after subsection (a) a new subsection (b): “(b) The table of contents of such article is amended by adding at the end of the part of such table relating to title VI the following.
Passed August 5, 1974.
H. Con. Res. 566: IMPEACHMENT INQUIRY—HEARINGS AND FINAL REPORT House Concurrent Resolution 566 August 6, 1974
88 Stat. 2407 IMPEACHMENT INQUIRY—HEARINGS AND FINAL REPORT

August 6, 1974

[H. Con. Res. 566]

 Resolved by the House of Representatives (the Senate concurring),

Printing of additional copies.
That there shall be printed for use of the Committee on the Judiciary five thousand additional copies of all parts of its hearings concerning the impeachment inquiry, pursuant to H. Res. 803.
Sec. 2. There shall be printed for the use of the House Committee on the Judiciary ten thousand additional copies of its final report to the House.
Passed August 6, 1974.
S. Con. Res. 79: HERBERT HOOVER—ONE HUNDREDTH BIRTHDAY ANNIVERSARY Senate Concurrent Resolution 79 August 6, 1974
HERBERT HOOVER—ONE HUNDREDTH BIRTHDAY ANNIVERSARY

August 6, 1974

[S. Con. Res. 79]

 Whereas Herbert Hoover, the thirty-first President of the United States, was born August 10, 1874, in a simple two-room cottage in the town of West Branch, Iowa; Whereas the Congress of the United States, by Act approved August 12, 1965 (79 Stat. 510), authorized the establishment of

16 USC 461 note.

 the Herbert Hoover National Historic Site, consisting of the Herbert Hoover birthplace and the place where he and his wife, Lou Henry Hoover, were buried, in West Branch, Iowa, to be administered by the Secretary of the Interior for the education and enjoyment of the public; and Whereas pursuant to the Presidential Libraries Act of August 12, 1955, the Administrator of General Services operates the Herbert

44 USC 2101 note.

 Hoover Presidential Library at West Branch, Iowa, containing the personal and official papers of President Herbert Hoover: Now, therefore, be it Resolved by the Senate (the House of Representatives concurring),
That the Congress hereby calls upon the Secretary of the Interior and the Administrator of General Services to cause to be conducted on or about August 10, 1974, appropriate ceremonies in celebration of the one hundredth anniversary of the birth of Herbert Hoover, thirty-first President of the United States, in the town of West Branch, Iowa.
Agreed to August 6, 1974.
S. Con. Res. 93: JOINT ECONOMIC COMMITTEE STUDY ON INFLATION Senate Concurrent Resolution 93 August 7, 1974
JOINT ECONOMIC COMMITTEE STUDY ON INFLATION

August 7, 1974

[S. Con. Res. 93]

 Whereas the United States economy has been suffering from serious and persistent inflation; and Whereas unemployment continues to be an economic problem, for the present as well as the near future; and Whereas extremely high interest rates have caused serious disclocations in the housing industry, in small business, and in other sectors of the economy; and Whereas the economy of the United States has been upset by shortages of basic resources; and Whereas prospective shortages continue to lie a cause of concern; and Whereas solutions to these economic ills require the consideration of a large number of interrelated policy questions; and 88 Stat. 2408 Whereas it is incumbent upon the Congress to develop more effective economic policies for the Nation and to provide more effective means for coordinating public policy decisions to the end that the national economic welfare be better served; and Whereas such requirements require that experts throughout the country be utilized for the purpose of obtaining the best available judgment on these important issues; and Whereas the Joint Economic Committee of the United States Congress is charged by law with the responsibility of conducting a continuing study of matters relating to the economic reports of the President and with providing guidance to the several committees of the Congress dealing with legislation relating to public economic policy: Now, therefore, be it Resolved by the Senate (the House of Representatives concurring),

15 USC 1021 note.
That the Joint Economic Committee, or any subcommittee thereof, as authorized by the Employment Act of 1946, shall undertake, as soon as possible— (1) an emergency study of the current state of the economy and of the problems relating thereto, with special reference to inflation, including, but not limited to, the causes of the current inflation and such inflation-related problems as Federal spending; tight money and high interest; food, fuel, and other shortages; credit policies; export policies; international exchange rates; and indexing; and (2) to provide the Congress with specific recommendations for legislation to remedy the existing ills and improve the performance of the economy.
Sec. 2.

Duties.

 (a) For the purposes of this concurrent resolution, the Joint Committee, or any subcommittee thereof, is authorized from July 1, 1974, through December 31, 1974, in its discretion ( 1 ) to make expenditures from the contingent fund of the Senate, (2) to employ personnel, (3) to hold hearings, (4) to sit and act at any time or place during the sessions, recesses, and adjourned periods of the Senate, (5) to require, by subpena or otherwise, the attendance of witnesses and the production of correspondence, books, papers, and documents, (6) to take depositions and other testimony, (7) to procure the services of individual consultants or organizations thereof, in accordance with the provisions of section 202(i) of the Legislative Reorganization Act of

2 USC 72a.

1946, and (8) with the prior consent of the Government department or agency concerned and the Committee on Rules and Administration, to use on a reimbursable basis the services of personnel of any such department or agency. (b) Subpenas may be issued by the Joint Committee, or subcommittee thereof, over the signature of the chairman or any other member designated by him, and may be served by any person designated by such chairman or member. The chairman of the Joint Committee or any member thereof may administer oaths to witnesses.
Sec. 3.

Report to Congress.

The Joint Committee shall report its findings, together with such recommendations for legislation as it deems advisable, to the Senate and the House of Representatives at the earliest practicable date, but not later than December 31, 1974.
Sec. 4.

Expenditures.

 (a) The Joint Committee is authorized, from July 1, 1974, through December 31, 1974, to expend under this concurrent resolution not to exceed $100,000, of which amount not to exceed $35,000 may be expended for the procurement of the services of individual consultants, or organizations thereof. (b)

Expenses.

 The expenses of the Joint Committee under this concurrent resolution shall be paid from the contingent fund of the Senate upon vouchers approved by the chairman of the Joint Committee.
Agreed to August 7, 1974.
H. Con. Res. 583: CORRECTION OF ENROLLED BILL H. R. 69 House Concurrent Resolution 583 August 7, 1974
88 Stat. 2409 CORRECTION OF ENROLLED BILL H. R. 69

August 7, 1974

[H. Con. Res. 583]

 Resolved by the House of Representatives (the Senate concurring),

Ante, p. 484.
That the Clerk of the House of Representatives in the enrollment of the bill (H.R. 69) to extend and amend the Elementary and Secondary Education Act of 1965, and for other purposes, is authorized and directed to make the correction described in the following sentence. Immediately after subsection (b) of section 121 of title I of the Elementary and Secondary Education Act of 1965, which is added by section 101(a)(2)(E) of the bill, insert the following: “(c) A State agency shall use the payments made under this section only for programs and projects (including the acquisition of equipment and, where necessary, the construction of school facilities) which are designed to meet the special educational needs of such children, and the State agency shall provide assurances to the Commissioner that each such child in average daily attendance counted under subsection (b) will lie provided with such a program, commensurate with his special needs, during any fiscal year for which such payments are made. “(d) In the case where such a child leaves an educational program for handicapped children operated or supported by the State agency in order to participate in such a program operated or supported by a local educational agency, such child shall lie counted under subsection (b) if (1) he continues to receive an appropriately designed educational program and (2) the State agency transfers to the local educational agency in whose program such child participates an amount equal to the sums received by such State agency under this section which are attributable to such child, to be used for the purposes set forth in subsection (c).
Sec. 2. The Clerk of the House of Representatives in the enrollment of such bill is further authorized and directed to make the correction described in the following sentence. In section 252 of the bill, strike “Title IV” and insert in lieu thereof “Title V”.
Sec. 3. The Clerk of the House of Representatives in the enrollment of such bill is further authorized and directed to make the correction described in the following sentence. In the title of section 612 of the bill, strike out “Office” and insert in lieu thereof “Bureau”.
Passed August 7, 1974.
S. Con. Res. 108: GERALD R. FORD—PRESIDENT OF THE UNITED STATES Senate Concurrent Resolution 108 August 9, 1974
GERALD R. FORD—PRESIDENT OF THE UNITED STATES

August 9, 1974

[S. Con. Res. 108]

 Whereas Gerald R. Ford was a Member of Congress for twenty-five years; and Whereas he is known to the Congress as a good and faithful friend; and Whereas he assumes today the Office of President of the United States: Now, therefore, be it Resolved by the Senate (the House of Representatives concurring),
That the Congress extends to Gerald R. Ford its sincere best wishes, its assurances of firm cooperation and its fervent hopes for success in office.
Agreed to August 9, 1974.
H. Con. Res. 594: JOINT MEETING Houses Concurrent Resolution 594 August 12, 1974
88 Stat. 2410 JOINT MEETING

August 12, 1974

[H. Con. Res. 594]

 Resolved by the House of Representatives (the Senate concurring),

Communications from president.
That the two Houses of Congress assemble in the Hall of the House of Representatives on Monday, August 12, 1974, at 9 p.m. for the purpose of receiving such communications as the President of the United States shall be pleased to make to them.
Passed August 12, 1974.
H. Con. Res. 603: CORRECTION OF ENROLLED BILL S. 3066 Houses Concurrent Resolution 603 August 16, 1974
CORRECTION OF ENROLLED BILL S. 3066

August 16, 1974

[H. Con. Res. 603]

 Resolved by the House of Representatives (the Senate concurring),

Ante, p. 633.

That in the enrollment of the bill (S. 3066) to consolidate, simplify, and improve laws relative to housing and housing assistance, to provide Federal assistance in support of community development activities, and for other purposes, the Secretary of the Senate is authorized and directed to make the following correction:

In subsection 106(f) (2) of the conference report on the bill S. 3066, strike out the word “metropolitan” wherever it appears and insert the word “nonmetropolitan”.
Passed August 16, 1974.
S. Con. Res. 72: 1980 WINTER OLYMPIC GAMES—LAKE PLACID, NEW YORK Senate Concurrent Resolution 72 August 21, 1974
1980 WINTER OLYMPIC GAMES—LAKE PLACID, NEW YORK

August 21, 1974

[S. Con. Res. 72]

 Whereas the International Olympic Committee will meet in October 1974, at Vienna, Austria, to consider the selection of a site for the 1980 winter Olympic games, and Whereas Lake Placid in the town of North Elba, County of Essex, and State of New York, has been designated by the United States Olympic Committee as the United States site for the 1980 winter Olympic games, and Whereas the residents of Lake Placid and the town of North Elba in Essex County, New York, have long been recognized throughout the world for their expertise in organizing, sponsoring, and promoting major national and international winter sports competitions in all of the events which are a part of the winter Olympic games, and Whereas it is the consensus of the Members of the Congress of the United States that the designation by the International Olympic Committee of Lake Placid in the town of North Elba, Essex County, New York, as the site of the 1980 winter Olympic games would be a great honor for all of the people in the United States: Now, therefore, be it Resolved by the Senate (the House of Representatives concurring),

That the International Olympic Committee be advised that the Congress of the United States would welcome the holding of the 1980 winter Olympic games at Lake Placid in the town of North Elba, county of Essex, and State of New York, the site so designated by the United States Olympic Committee; and be it further

88 Stat. 2411

Resolved, That the Congress of the United States expresses the sincere hope that the United States will be selected as the site for the 1980 winter Olympic games, and pledges its cooperation and support in their successful fulfillment in the highest sense of the Olympic tradition: Provided, That Olympic activities and plans in all respects fit within the present laws and adopted State plans, rules, and regulations respecting the entirety of the Adirondack Park; and be it further

Resolved, That Congress shall not support, financially or otherwise, any activities or plans which are in conflict with the letter or spirit of those laws, plans, rules and regulations, or which would require any modification of them.
Agreed to August 21, 1974.
S. Con. Res. 98: “THE RECREATION IMPERATIVE—THE NATIONAL OUTDOOR RECREATION PLAN”—REPORT Senate Concurrent Resolution 98 August 22, 1974
“THE RECREATION IMPERATIVE—THE NATIONAL OUTDOOR RECREATION PLAN”—REPORT

August 22, 1974

[S. Con. Res. 98]

 Resolved by the Senate (the. House of Representatives concurring),

Printing of additional copies.
That there be printed for the use of the Senate Committee on Interior and Insular Affairs five thousand additional copies of its committee print of the current session entitled “The Recreation Imperative—The National Outdoor Recreation Plan”, a report to the President and the Congress by the Secretary of the Interior.
Agreed to August 22, 1974.
H. Con. Res. 610: ADJOURNMENT—HOUSE OF REPRESENTATIVES AND SENATE House Concurrent Resolution 610 August 22, 1974
ADJOURNMENT—HOUSE OF REPRESENTATIVES AND SENATE

August 22, 1974

[H. Con. Res. 610]

 Resolved by the House of Representatives (the Senate concurring),
That when the House adjourns on Thursday, August 22, 1974, it stand adjourned until 12 o’clock noon on Wednesday, September 11, 1974, and that when the Senate adjourns on Thursday, August 22, 1974, it stand adjourned until 10 o’clock a.m., Wednesday, September 4, 1974, or until 12 o’clock noon on the second day after its Members are notified to reassemble in accordance with section 2 of this resolution, whichever event first occurs.
Sec. 2. The Speaker of the House of Representatives and the President pro tempore of the Senate shall notify the Members of the House and the Senate, respectively, to reassemble whenever in their opinion the public interest shall warrant it or whenever the majority leader of the House and the majority leader of the Senate, acting jointly, or the minority leader of the House and the minority leader of the Senate, acting jointly, file a written request with the Clerk of the House and the Secretary of the Senate that the Congress reassemble for the consideration of legislation.
Passed August 22, 1974.
H. Con. Res. 611: CORRECTION OF ENROLLED BILL H. R. 15842 House Concurrent Resolution 611 August 22, 1974
88 Stat. 2412 CORRECTION OF ENROLLED BILL H. R. 15842

August 22, 1974

[H. Con. Res. 611]

 Resolved by the House of Representatives (the Senate concurring),

Ante, p. 1936.

That the Clerk of the House of Representatives in the enrollment of the bill (H.R. 15842) to increase compensation for District of Columbia policemen, firemen, and teachers; to increase annuities payable to retired teachers in the District of Columbia; to establish an equitable tax on real property in the District of Columbia; to provide for additional revenue for the District of Columbia; and for other purposes, is directed to make the corrections described as follows:

In Section 202(2), Teachers and School Officers Salary Schedule (which is effective on the first pay period beginning on or after January 1, 1975), strike out in Class 15 “Group D—Doctor’s”, and insert in lieu thereof “Group D, master’s degree + 60 or doctor’s”.
Passed August 22, 1974.
H. Con. Res. 609: CORRECTIONS OF ENROLLED BILL H. R. 2 House Concurrent Resolution 609 August 22, 1974
CORRECTIONS OF ENROLLED BILL H. R. 2

August 22, 1974

[H. Con. Res. 609]

 Resolved by the House of Representatives (the Senate concurring),

Ante, p. 829.
That in the enrollment of the bill (H.R. 2) to provide for pension reform, the Clerk of the House of Representatives shall make the following corrections: (1) In the item relating to section 405 of the bill in the Table of Contents, strike out “of” and insert in lieu thereof “by”. (2) In the item relating to part I of subtitle A of title II in the Table of Contents of the bill strike out “Part I” and insert in lieu thereof “Part 1”. (3) In the item relating to part II of subtitle A of title II in the Table of Contents of the bill strike out “Part II” and insert in lieu thereof “Part 2”. (4) In the item relating to part III of subtitle A of title II of the bill strike out “Part III” and insert in lieu thereof “Part 3”. (5) In the item relating to part IV of subtitle A of title II in the Table of Contents of the bill strike out “Part IV” and insert in lieu thereof “Part 4”. (6) In the item relating to part V of subtitle A of title II in the Table of Contents of the bill strike out “Part V” and insert in lieu thereof “Part 5”. (7) In paragraph (1) of section 3, strike out “plan was established or maintained” and insert in lieu thereof “plan, fund, or program was established or is maintained”. (8) In paragraph (18) of section 3— (A) insert “of subtitle B” after “part 4”; (B) strike out “or which has been listed for more than 1 month (at the time of such sale or purchase) on an electronic quotation system administered by a national securities association registered under such Act,”; and 88 Stat. 2413 (C) strike out “or so listed on such an electronic quotation system,”. (9) In paragraph (35) (B) of section 3, strike out “individual account plans” and insert in lieu thereof “an individual account plan”. (10) In paragraph (37) (A) (ii) of section 3 of the bill, strike out “agreement” and insert in lieu thereof “agreements”. (10A) In paragraph 37(A) (ii) of section 3 of the bill insert “an” before the word “employee”. (11) In section 4(b)(5) of the bill, strike out “which” before “is unfunded”. (12) In the last sentence of section 102(a) (1) of the bill, strike out “Any” and insert in lieu thereof “A summary of any”. (13) In section 103(b)(3)(D) of the bill insert after the phrase “and his relationship or” the words “that of”. (14) In section 103(d) (8) of the bill, strike out “302” and insert in lieu thereof “302(c) (3)”. (15) In section 103(e) of the bill, strike out “fiscal year” and insert in lieu thereof “plan year”. (16) Strike out paragraph (1) of section 104(b) of the bill and insert in lieu thereof the following: “(1) The administrator shall furnish to each participant, and each beneficiary receiving benefits under the plan, a copy of the summary, plan description, and all modifications and changes referred to m section 102(a) (1)— “(A) within 90 days after he becomes a participant, or (in the case of a beneficiary) within 90 days after he first receives benefits, or “(B) if later, within 120 days after the plan becomes subject to this part. The administrator shall furnish to each participant, and each beneficiary receiving benefits under the plan, every fifth year after the plan becomes subject to this part an updated summary plan description described in section 102 which integrates all plan amendments made within such five-year period, except that in a case where no amendments have been made to a plan during such five-year period, this sentence shall not apply. Notwithstanding the foregoing, the administrator shall furnish to each participant, and to each beneficiary receiving benefits under the plan, the summary plan description described in section 102 every tenth year after the plan becomes subject to this part. If there is a modification or change described in section 102(a)(1), a summary description of such modification or change shall be furnished not later than 210 days after the end of the plan year in which the change is adopted to each participant, and to each beneficiary who is receiving benefits under the plan.” (17) In section 104(d) of the bill, insert “the” before “Treasury”. (18) In section 107, strike out “under section 104(a) (3)” each place it appears and insert in lieu thereof “or simplified reporting requirement under section 104(a) (2) or (3)”. (19) In section 108, strike out “sections 101 through 107 and section 412 of this Act” each place it appears, and insert in lieu thereof “this part or section 412”. 88 Stat. 2414 (20) In section 110(a) of the bill, strike out “or any type of pension plan” and insert in lieu thereof “, or class of pension plans,”. (21) In section 111(a) (1) of the bill, strike out “[and events]” and insert in lieu thereof “and events”. (22) In paragraph (7) of section 201 of the bill, strike out “Such plan is”. (23) In section 203(a) (3) (D) (ii) of the bill strike out “break-in” and insert in lieu thereof “break in”. (24) In section 203(b) (4) ofthebill— (A) strike out “( (A)” and insert in lieu thereof “(A)”; (B) strike out “( (B)” and insert in lieu thereof “(B)”; and (C) strike out “204(d)(1).)” and insert in lieu thereof “204(d)(1).” (25) In section 204(b)(1)(A) of the bill, strike out the third sentence. (26) In the first sentence of section 204(b) (1) (C) of the bill, strike out “at” after “would be entitled”. (27) In section 204(b) (1) (C) of the bill strike out “particiapted” and insert in lieu thereof “participated”. (28) In section 204(b) (1) (D) of the bill strike out “secured” and insert in lieu thereof “accrued”. (29) In section 204(b)(1)(G) of the bill strike out the second sentence and insert in lieu thereof the following: “The preceding sentence shall not apply to benefits under the plan commencing before benefits payable under title II of the Social Security Act which benefits under the plan— “(i) do not exceed social security benefits, and “(ii) terminate when such social security benefits commence.” (30) In section 204(c) (1) (D) of the bill strike out “realtionship” and insert in lieu thereof “relationship”. (31) Strike out the last sentence of section 204(e) of the bill and insert in lieu thereof the following: “In the case of a defined contribution plan, the plan provision required under this subsection may provide that such repayment must be made before the participant has any 1-year break in service commencing after such withdrawal.” (32) In section 204(e) of the bill strike out “subparagraph” and insert in lieu thereof “subsection”. (33) In section 204 (h) of the bill— (A) strike out the parenthesis before “For”, and (B) strike out the parenthesis after the period at the end thereof. (34) Strike out section 206(a) of the bill and insert in lieu thereof the following:
“Sec. 206. (a) Each pension plan shall provide that unless the participant otherwise elects, the payment of benefits under the plan to the participant shall begin not later than the 60th day after the latest of the close of the plan year in which— “(1) the date on which the participant attains the earlier of age 65 or the normal retirement age specified under the plan, “(2) occurs the 10th anniversary of the year in which the participant commenced participation in the plan, or 88 Stat. 2415 “(3) the participant terminates his service with the employer. In the case of a plan which provides for the payment of an early retirement benefit, such plan shall provide that a participant who satisfied the service requirements for such early retirement benefit, but separated from the service (with any nonforfeitable right to an accrued benefit) before satisfying the age requirement for such early retirement benefit, is entitled upon satisfaction of such age requirement to receive a benefit not less than the benefit to which he would be entitled at the normal retirement age, actuarially reduced under regulations prescribed by the Secretary of the Treasury.”
(35) In section 206(b) (1), strike out “such plan” and insert in lieu thereof “a pension plan”. (36) In section 206(d) (2) of the bill insert after “section 4975” the first time it appears “of the Internal Revenue Code of 1954” and insert before the period at the end thereof “of such Code”. (37) In section 209(a)(1)(B) of the bill strike “termintes” and insert in lieu thereof “terminates”. (38) In section 209(a) (2) of the bill, strike out “of Labor” in the first sentence, and “of Labor or his delegate” in the second sentence. (39) In section 210(a) of the bill— (A) insert “of this subsection” after “the following provisions”; and (B) insert “as” after “shall be applied” in paragraph 2. (39A) In section 211(c)(1), strike out “section 204” and insert “sections 204 and 205”. (40) In section 211(c) (2) (A), strike out “a participant of in the form of an annuity for the life of the participant with a survivor annuity for the life of his spouse” and insert in lieu thereof “the participant”. (41) In section 211(d), strike out “ (1) ”. (42) In section 301(a) (5) and (6) of the bill strike the comma at the end and insert in lieu thereof a semicolon. (43) In section 301(a) (7) and (8) of the bill strike the opening parenthesis before the semicolon at the end of such paragraph. (44) In section 302(a) (1) of the bill strike the second sentence and insert in lieu thereof “A plan to which this part applies shall have satisfied the minimum funding standard for such plan for a plan year if as of the end of such plan year the plan does not have an accumulated funding deficiency” (45) In section 302(c)(2)(B) of the bill strike “indefault” and insert in lieu thereof “in default”. (46) In section 302(c) (8) of the bill insert the article “a” before “plan” the first time it appears. (47) In section 303(d) of the bill, strike out the parenthesis before “For”, and strike out the parenthesis after the period at the end thereof. (48) In section 306(c) (1) of the bill insert after “Secretary finds to be” the following: “collective bargaining agreements between employee organizations”. (48A) In section 306, insert at the end thereof the following: “(d) In the case of a plan maintained by a labor organization which is exempt from tax under section 501(c) (5) of the Internal Revenue 88 Stat. 2416Code of 1954 exclusively for the benefit of its employees and their beneficiaries, this part shall be applied by substituting for the term ‘December 31, 1975’ in subsection (b), the earlier of— “(1) the date on which the second convention of such labor organization held after the date of the enactment of this Act ends, or “(2) December 31, 1980, but in no event shall a date earlier than the later of December 31, 1975, or the date determined under subsection (c) be substituted.” (49) In section 401(a) (2), strike out “a plan consisting of an” and insert in lieu thereof “any”. (50) Strike out section 403(b)(4) of the bill and insert the following: “(4) to a plan which the Secretary exempts from the requirement of subsection (a) and which is not subject to any of the following provisions of this Act: “(A) part 2 of this subtitle, “(B) part 3 of this subtitle, or “(C) title IV of this Act; or”. (51) In section 403(c) (1), strike out “allocation of assets of terminated plans” and insert in lieu thereof “termination of insured plans”. (52) In section 403(c) (1) (C) of the bill strike “deductability” and insert in lieu thereof “deductibility”. (53) In section 403(c) (2) (C), strike out “disapproval” and insert in lieu thereof “disallowance”. (54) In section 404(c) (2) of the bill strike “participant”,” and insert in lieu thereof “participant’s”. (55) In the heading for section 405 of the bill, strike out “of” and insert in lieu thereof “by”. (56) In section 405(a) of the bill, strike out “such fiduciary” in paragraphs (1) and (2) and insert in lieu thereof “such other fiduciary”. (57) In section 405(b) (1) (B) of the bill, insert a comma before and after “authorized by the trust instrument”. (58) In section 405(c) (2) (A) (ii) of the bill, strike out “of” after “establishment” and insert in lieu thereof “or”. (59) In section 405(c) (3) of the bill strike “plan’s” the second time it appears. (60) In section 406(b)(2) of the bill insert “in” before “any”. (61) In section 407(a)(4)(A) strike “19679” and insert in lieu thereof “1979”. (62) In section 407(d) (3) (B) of the bill, strike out “the expiration of one year after the effective date of this part” and insert in lieu thereof “January 1, 1976”. (63) In section 407(d)(4) of the bill strike “the” the first time it appears and insert “The”. (64) In section 407(d) (4) (D) of the bill, strike out “such acquisition and retention complies” and insert in lieu thereof “the acquisition and retention of such property comply”. (65) In section 407(d) (5), strike out the semicolon after “stock”. (66) In section 408(b) (5) of the bill strike the dash after “State” and insert in lieu thereof a comma. 88 Stat. 2417 (67) In section 408(a)(5)(B) strike “parties-in interest” and insert in lieu thereof “parties in interest”. (68) In section 414(c)(5) of the bill strike the word “consideartion” and insert in lieu thereof “consideration”. (69) In section 502(b) (2) of the bill strike “benefit” in the second sentence and insert in lieu thereof “benefits”. (70) In section 502(d)(2) of the bill strike the article “a” and insert in lieu thereof “the”. (71) In section 510 of the bill insert a comma after “title” the first time it appears. (72) In section 514(c) (1) of the bill, insert after the period the following: “A law of the United States applicable to the District of Columbia shall be treated as a State law rather than a law of the United States.”
Sec. 2. The Clerk of the House of Representatives, in the enrollment of such bill, shall make the following corrections: (1) In section 411(a) of the Internal Revenue Code of 1954, which is added by section 1012(a) of the bill, strike out “trus” and insert in lieu thereof “trust”. (2) In section 411(a) (3) (D) of the Internal Revenue Code of 1954, as added by section 1012(a) of the bill, strike out “manadatory” and insert in lieu thereof “mandatory”. (3) In section 411(a) (5) (D) of the Internal Revenue Code of 1954, which is added by section 1012(a) of the bill, after “subsection” insert a comma. (4) In section 411(b) (1) (A) of the Internal Revenue Code of 1954, which is added by section 1012(a) of the bill, strike out the next to last sentence. (5) In section 411(b) (1) (E) of the Internal Revenue Code, of 1954, which is added by section 1012(a) of the bill, strike out “the term years of service” and insert in lieu thereof “the term ‘years of service’”. (6) In section 411(b) (3) (E) of the Internal Revenue Code of 1954. which is added by section 1012(a) of the bill, after “subsection” insert a comma. (7) In section 412(a) of the Internal Revenue Code of 1954, which is added by section 1013(a) of the bill, strike out “if at the end of” and insert in lieu thereof “if as of the end of”. (8) In section 4971(c)(3) of the Internal Revenue Code of 1954, which is added by section 1013(b) of the bill, strike out “means’ ” and insert in lieu thereof “means,”. (9) In section 404(a) (1) (C) of the Internal Revenue Code of 1954. which is added by section 1013(c) of the bill, strike out “Alternate transfer of terms.—” and insert in lieu thereof “Certain collectively-bargained plans.—”. (10) In section 413(c) (6) of the Internal Revenue Code of 1954. which is added by section 1014 of the bill, strike out “limitation pro” and insert in lien thereof “limitation”. (11) In the. item contained in section 1016(b) (2) of the bill relating to chanter 43 of the Internal Revenue Code of 1954, strike out “qualifid” and insert in lieu thereof “qualified”. (12) In section 1017(c) (1) (A) of the bill, strike, out “Usual application waived.—” and insert in lieu thereof “Waiver of application.—”. (13) Tn section 1017(b) (1) (D) (i) of the bill, strike out “with a survivor annuity for the life of his spouse”. 88 Stat. 2418 (14) In section 1017(a) (2) (B) of the bill strike out “Interim law granting waiver of underfunding.—” and insert in lieu thereof “Waiver of underfunding.—”, (15) In section 1017 of the bill, at the end of subsection (c) (2) add the following subparagraph: “(C) Labor organization conventions.— In the case of a plan maintained by a labor organization, which is exempt from tax under section 501(c)(5) of the Internal Revenue Code of 1954, exclusively for the benefit of its employees and their beneficiaries, section 412 of such Code and other amendments made by this part to the extent such amendments relate to such section 412, shall be applied by substituting for the term ‘December 31, 1975’ in subsection (b), the earlier of— “(i) the date on which the second convention of such labor organization held after the date of the enactment of this Act ends, or “(ii) December 31, 1980, but in no event shall a date earlier than the later of December 31, 1975, or the date determined under subparagraph (A) or (B) be substituted.” (16) In section 401(a) (14) of the Internal Revenue Code of 1954, which is added by section 1021 of the bill, strike out the matter appearing after subparagraph (C) of such section 401(a) (14) and insert in lieu thereof the same matter flush with the paragraph margin of such paragraph (14). (17) In section 1021 of the bill, strike out subsection (g). (18) In subsection 6057(g) of the Internal Revenue Code of 1954, which is added by section 1031(a) of the bill, strike out “toadministration” and insert in lieu thereof “to administration”. (19) In section 6652(e) (2) of the Internal Revenue Code of 1954, which is added by section 1031(b)(1) of the bill, strike out “therfor (determined with” and insert in lieu thereof “therefor (determined without”. (20) In section 7476(b) (2) of the Internal Revenue Code of 1954, which is added by section 1041(a) of the bill, strike out “plead” and insert in lieu thereof “plead”. (21) In the section caption of section 7802 of the Internal Revenue Code of 1954, which is added by section 1051(a) of the bill, after “ORGANIZATIONS” insert a closing parenthesis. (22) In section 408(d) (3) (ii) of the Internal Revenue Code of 1954, which is added by section 2002(b) of the bill, strike out “, other than a plan under which the individual was an employee within the meaning of section 401(c) (1) at the time contributions were made on his behalf under the plan,” and insert in lieu thereof “(other than a plan under which the individual was an employee within the meaning of section 401(c) (1) at the time contributions were made on his behalf under the plan) ”. (23) In section 408(d) (5) of the Internal Revenue Code of 1954, which is added by section 2002(b) of the bill, strike out “a qualified” and insert in lieu thereof “an”. (24) In section 408(i) of the Internal Revenue Code of 1954, which is added by section 2002(b) of the bill, strike out “section 408(b)” and insert in lieu thereof “subsection (b) ”. (25) In the last sentence of section 402(a) (5) of the Internal Revenue Code of 1954, which is added by section 2002(g)(5) of the bill, strike out “annuity plan of any” and insert in lieu thereof “annuity plan if any”. 88 Stat. 2419 (26) In section 4975(d)(3)(B) of the Internal Revenue Code of 1954, as added by section 2003(a) of the bill, after “collateral” insert “which”. (27)

In section 4975(d) (8) of the Internal Revenue Code of 1954, as added by section 2003(a) of the bill strike out:

“(8) any transaction between a plan and “(A) a common or collective trust fund”

and insert in lieu thereof the following:

“(8) any transaction between a plan and a common or collective trust fund”. (28) In the last sentence of section 4975(d) of the Internal Revenue Code of 1954, as added by section 2003 of the bill, strike out “shareholder—employee” and insert in lieu thereof “shareholder-employee”. (29) In the last sentence of section 4975(e) (2) of the Internal Revenue Code of 1954, as added by section 2003(a) of the bill, strike out “The Secretary” and insert in lieu thereof “The Secretary or his delegate”. (30) In section 4975(e)(7)(A) of the Internal Revenue Code of 1954, as added by section 2003(a) of the bill, strike out “401” and insert in lieu thereof “401(a)”. (31) In section 4975(f)(4) of the. Internal Revenue Code of 1954, as added by section 2003(a) of the bill, strike out “paragraphs (2), (11), and (12),” and insert in lieu thereof “paragraphs (2) and (10).” (32) In section 4975(i) of the Internal Revenue Code of 1954, as added by section 2003(a) of the bill, strike, out “section 3002 of the Employment” and insert in lieu thereof “section 3003 of the Employee”. (33) In section 415(a)(2) of the Internal Revenue Code of 1954, as added by section 2004(a) (2) of the bill, strike out “405,” and insert in lieu thereof “405(a),”. (34) In section 415(d)(1)(B) of the Internal Revenue Code of 1954, as added by section 2004 (a)(2) of the bill, strike out “subection” and insert in lieu thereof “subsection”. (35) Tn section 2004(a)(3)(A) of the bill after “defined” insert “benefit”. (36) In section 2004(d) (2) of the bill, strike out the last sentence. (37) In section 402(e)(4)(B) of the Internal Revenue Code of 1954. as amended by section 2005(a) of the bill, strike out “distributed” and insert in lieu thereof “distribution”. (38) Tn section 3001(c) of the bill strike out “paragraph (2)” and insert in lieu thereof “subsection (b) (2)”. (39) In title TIT of the bill, strike out section 3004(a) and insert in lieu thereof the following:
“Sec. 3004. (a) Whenever in this Act or in any provision of law amended by this Act the Secretary of the Treasury and the Secretary of Labor are required to carry out provisions relating to the same subject matter (as determined by them) they shall consult with each other and shall develop rules, regulations, practices, and forms which, to the extent appropriate for the efficient administration of such provisions, are designed to reduce duplication of effort, duplication of reporting, conflicting or overlapping requirements, and the burden of compliance with such provisions by plan administrators, employers, and participants and beneficiaries.”
(40) In section 3004(b) of the bill, strike out “with or without reimbursement”. (41) In section 3032(d) (8) of the bill strike out “hall” and insert in lieu thereof “shall”. 88 Stat. 2420 (42)

In section 4001(a) (2) of the bill strike out:

“(B) the second and third preceding plan years, equaling or exceeding 10 percent of all employer contributions paid to or under that plan for each such plan year;”

and insert in lieu t hereof:

“(B) the second and third preceding plan years, equaling or exceeding 10 percent of all employer contributions made under that plan for each such year; (43) In section 4002(a)(3) of the bill strike out “charged by the corporation under section 4007” and insert in lieu thereof “established by the corporation under section 4006”. (44) In section (h)(2) strike out “nomination” and insert in lieu thereof “appointment”. (45) In section 4003 of the bill, after subsection (e) (5), insert the following new subsection: “(f) Any participant, beneficiary, plan administrator, or employee adversely affected by any action of the corporation, or by a receiver or trustee appointed by the corporation, with respect to a plan in which such participant, beneficiary, plan administrator or employer has an interest, may bring an action against the corporation, receiver, or trustee in the appropriate court. For purposes of this subsection the term ‘appropriate court’ means the United States district court before which proceedings under section 4041 or 4042 of this title are being conducted, or if no such proceedings are being conducted the United States district court for the district in which the plan has its principal office, or the United States district court for the District of Columbia. The district courts of the United States have jurisdiction of actions brought under this subsection without regard to the amount in controversy.” (46) In section 4004(b) (1) of the bill strike out “determines that it would not be” and insert in lieu thereof “determines that such approval would not be”. (47) In section 4004(b) (2) of the bill, strike out “special”. (48) In section 4004(d) of the bill strike out “by the corporation or the court, respectively.” and insert in lieu thereof “by either the corporation or the court.”. (49) In section 4005(b) (1) (D) of the bill strike out “collected under section 4067” and insert in lieu thereof “under subtitle I)”. (50) In section 4006(a) (5) of the bill, strike out “enacement” and insert in lieu thereof “enactment”. (51) In section 4006(a) (6) of the bill, strike out “assest” and insert in lieu thereof “assets”. (52) In section 4022(b) (6) (A) (ii) of the bill, strike out “interests” and insert in lieu thereof “interest”. (53) In section 4042(d)(1)(B) of the bill, strike out “part 4 of subpart B” and insert in lieu thereof “part 4 of subtitle B”. (54) In section 4045(b) (1) of the bill, strike out “thet” and insert in lieu thereof “the”. (55) In the second sentence of section 4047 of the bill, strike out “plan administrator control” and insert in lieu thereof “plan administrator of control”. (56) In section 4061 of the bill, strike out “subtitle C” and insert in lieu thereof “subtitle B”. (57) In section 4062(d) (3) of the bill, strike out “merger or” and insert in lieu thereof “merger”. (58) In section 4063(c) (2) of the bill, after “withdrawal” insert a comma. 88 Stat. 2421 (59) In section 4063(c)(3)(C) of the bill, strike out “law” and insert in lieu thereof “plan”. (60) In section 4063(e) of the bill, strike out “corporations” and insert in lieu thereof “corporation”. (61) In section 4068 of the bill, strike out subsection (b) and insert in lieu thereof the following: “(b) The lien imposed by subsection (a) arises on the date of termination of a plan, and continues until the liability imposed under section 4062, 4063, or 4064 is satisfied or becomes unenforceable by reason of lapse of time.” (62) In section 404(g) of the Internal Revenue Code of 1954, as added by section 4081(a) of the bill, strike out “(G)” and insert in lieu thereof “(g)”. (63) In section 4082(b) of the bill strike out the second sentence and insert in lieu thereof the following: “The corporation shall not pay benefits guaranteed under this title with respect to a plan described in the preceding sentence unless the corporation finds substantial evidence that the plan was terminated for a reasonable business purpose and not for the purpose of obtaining the payment of benefits by the corporation under this title or for the purpose of avoiding the liability which might be imposed under subtitle D if the plan terminated on or after the date of enactment of this Act.”
Passed August 22, 1974.
H. Con. Res. 564: SMOKEY BEAK—RETURN TO CAPITAN, NEW MEXICO ON HIS DEATH House Concurrent Resolution 564 September 5, 1974
SMOKEY BEAK—RETURN TO CAPITAN, NEW MEXICO ON HIS DEATH

September 5, 1974

[H. Con. Res. 564]

 Whereas a black bear cub was found by forest fire fighters nearly twenty-four years ago in the Capitan Mountains of New Mexico and this cub was placed in the National Zoo in Washington, District of Columbia, and named Smokey Bear and became world famous as the living symbol of forest fire prevention; and Whereas the people of Capitan, New Mexico, have expressed a strong desire for the return of the body of Smokey to Capitan upon his death: Now, therefore, be it Resolved by the House of Representatives (the Senate concurring),
That it is the sense of the Congress that upon his death the body of Smokey Bear may be returned to Capitan, New Mexico, for proper disposition and a permanent memorial in or near Capitan.
Passed September 5, 1974.
H. Con. Res. 628: CORRECTION OF ENROLLED BILL H. R. 14883 House Concurrent Resolution 628 September 12, 1974
CORRECTION OF ENROLLED BILL H. R. 14883

September 12, 1974

[H. Con. Res. 628]

 Resolved by the House of Representatives (the Senate concurring),

Ante, p. 1158.
That the Clerk of the House of Representatives be authorized and directed in the enrollment of the bill H.R. 14883 to make the following changes in the engrossed House amendment to the Senate amendment: (1) Page 2, line 22, strike out “Sec. 5.” and insert “Sec. 3.”. (2) Page 3, line 13, strike out “Sec. 3.” and insert “Sec. 4.”. (3) Page 5, line 4, strike out “Sec. 4.” and insert “Sec. 5.”. (4) Page 7, line 20, strike out the comma after “1976” and insert a period. 88 Stat. 2422 (5) Page 8, line 2, strike out “of”. (6) Page 13, line 12, strike out “Sec. 11.” and insert “Sec. 10.”. (7) Page 13, line 18. strike out “Sec. 10.” and insert “Sec. 11.”
Passed September 12, 1974.
H. Con. Res. 201: “HOW OUR LAWS ARE MADE” House Concurrent Resolution 201 September 23, 1974
“HOW OUR LAWS ARE MADE”

September 23, 1974

[H. Con. Res. 201]

 Resolved by the House, of Representatives (the Senate concurring),

Printing as House document; additional copies.
That the brochure entitled “How Our Laws Are Made”, as set out in House Document Numbered 92–323 of the Ninety-second Congress, be printed as a House document, with a suitable paperback cover of a style, design, and color, to be selected by the chairman of the Committee on the Judiciary of the House of Representatives, and with a foreword by the Honorable Peter W. Rodino, Junior; and that there be printed two hundred and forty-one thousand additional copies, of which twenty thousand shall be for the use of the Committee on the Judiciary and the balance prorated to the Members of the House of Representatives.
Sec. 2. There shall be printed for the use of the Senate fifty-one thousand five hundred additional copies of the document specified in section 1 of this concurrent resolution.
Passed September 23, 1974.
H. Con. Res. 658: JOINT MEETING House Concurrent Resolution 658 October 7, 1974
JOINT MEETING

October 7, 1974

[H. Con. Res. 658]

 Resolved by the House of Representatives (the Senate concurring),

Communications from President.
That the two Houses of Congress assemble in the Hall of the House of Representatives on Tuesday, October 8, 1974, at 4 p.m. for the purpose of receiving such communications as the President of the United States shall be pleased to make to them.
Passed October 7, 1974.
H. Con. Res. 661: CORRECTION OF ENROLLED BILL S. 1769 House Concurrent Resolution 661 October 10, 1974
CORRECTION OF ENROLLED BILL S. 1769

October 10, 1974

[H. Con. Res. 661]

 Resolved by the House of Representatives (the Senate concurring),

Ante, p. 1535.
That in the enrollment of the amendment to the text of the bill (S. 1769) to reduce the burden on interstate commerce caused by avoidable fires and fire losses, and for other purposes, the Secretary of the Senate is authorized and directed in the enrollment of the said bill to make the following correction, namely, in section 16(a) (2) (G) of the Act of March 3, 1901 as added by section 18 strike out “of such stress, and the alleviation and reduction of such conditions” and insert in lieu thereof “of fire as have significance for purposes of control or prevention of fires”.
Passed October 10, 1974.
H. Con. Res. 666: CORRECTION OF ENROLLED BILL H. R. 11221 House Concurrent Resolution 666 October 10, 1974
88 Stat. 2423 CORRECTION OF ENROLLED BILL H. R. 11221

October 10, 1974

[H. Con. Res. 666]

 Resolved by the House of Representatives (the Senate concurring),

Ante, p. 1500.

That in the enrollment of the bill U.K. 11221, the Clerk of the House is authorized and directed to make the following correction:

On page 16, line 9 of the report of the committee of conference on the bill H.R. 11221, strike out “A reflection on a statement of an extension of” and insert in lieu thereof the following: “the obligor’s account is not restricted or closed”.
Passed October 10, 1974.
H. Con. Res. 668: CORRECTION OF ENROLLED BILL H. R. 11510 House Concurrent Resolution 668 October 10, 1974
CORRECTION OF ENROLLED BILL H. R. 11510

October 10, 1974

[H. Con. Res. 668]

 Resolved by the House of Representatives (the Senate concurring),

Ante, p. 1233.
That the Clerk of the House of Representatives in the enrollment of the bill (H.R. 11510) to reorganize and consolidate certain functions of the Federal Government in a new Energy Research and Development Administration and in a new Nuclear Regulatory Commission in order to promote more efficient management of such functions is authorized and directed to make the following corrections: (1) Strike out “(1)” immediately after “(a)” in section 201(a). (2) Strike out paragraphs (2) and (3) in section 201(a).
Passed October 10, 1974.
S. Con. Res. 119: CORRECTION OF ENROLLED BILL H. R. 15427 Senate Concurrent Resolution 119 October 15, 1974
CORRECTION OF ENROLLED BILL H. R. 15427

October 15, 1974

[S. Con. Res. 119]

 Resolved by the Senate (the House of Representatives concurring),

Ante, p. 1526.
That in the enrollment of the bill (H.R. 15427) to amend the Rail Passenger Service Act of 1970 to provide financial assistance to the National Railroad Passenger Corporation, and for other purposes, the Clerk of the House of Representatives shall make the following corrections: (1) In the new subsection (g) added to section 305 of the Rail Passenger Service Act of 1970 by section 3 of the bill, strike out “its completion” in the last sentence of such subsection and insert in lieu thereof “the completion of such project”. (2) Strike out section 4, and insert in lieu thereof the following:
“Sec. 4. Section 305 of such Act is amended by adding at the end thereof the following new subsection: “‘(f) The Secretory of the Treasury shall establish and maintain, in cooperation with the Corporation, customs inspection procedures aboard trains operated in international intercity rail passenger service under paragraph (7) of subsection (e) of this section, which procedures will be convenient for passengers and will result in the most rapid possible transit between embarkation and debarkation points on such service.’.”
88 Stat. 2424 (3) In the amendment made to section 4 of the Department of Transportation Act by the first section 15 of the bill, redesignate paragraph (6) as section 6 of the bill. (4) Immediately following section 5, insert the section redesignated as section 6 by paragraph (3) of this concurrent resolution. (5) Redesignate the second section 15 of the bill as section 16. (6) Redesignate the existing section 16 of the bill as section 17.
Agreed to October 15, 1974.
H. Con. Res. 84: CENTENNIAL SAFE House Concurrent Resolution 84 October 16, 1974
CENTENNIAL SAFE

October 16, 1974

[H. Con. Res. 84]

 Whereas in 1877, Mrs. Charles F. Deihm of New York City, a publisher, a dedicated patriot, a Civil War widow (now deceased), presented to the Congress of the United States a safe, known as the centennial safe, filled with memorabilia linking the Nation’s first centennial year (1876) with an expected bicentennial celebration in 1976; Whereas the idea for this safe was conceived by Mrs. Deihm, who thereupon had the safe made and collected the memorabilia contained in said safe, for display at the 1876 Centennial Exposition in Philadelphia; Whereas the said safe remained on display at the 1876 centennial until the close of that exposition, after which it was delivered in December 1877 to the United States Capitol; Whereas the doors of this safe contain the inscription, “It is the wish of Mrs. Deihm that this safe may remain closed until July 4, 1976, then to be opened by the Chief Magistrate of the United States”; Whereas this safe has remained in the custody of the Congress of the United States since 1877, but has never been formally accepted by the Congress, or publicly displayed in the United States Capitol except for a short period in 1878–1879; Whereas this safe and its contents are now deemed objects of historical interest, appropriate for acceptance and display by the Congress, particularly during the 1976 bicentennial celebration: Now, therefore, be it Resolved by the House of Representatives (the Senate concurring),
That the Congress of the United States hereby formally accepts with thanks, as a gift, the safe, known as the centennial safe, and its contents, presented to the Congress in 1877 by the late Mrs. Charles F. Deihm of New York City.
Sec. 2. The Architect of the Capitol, under the direction of the Joint Committee on the Library, is hereby authorized to cause the said centennial safe, with its contents, to be placed in such location in the United States Capitol as determined by the Joint Committee on the Library and to display the same to the public, with adequate security protection, during the 1976 bicentennial celebration and at such other times as the joint committee may deem proper or desirable.
Passed October 16, 1974.
S. Con. Res. 120: ADJOURNMENT—HOUSE OF REPRESENTATIVES AND SENATE Senate Concurrent Resolution 120 October 17, 1974
88 Stat. 2425 ADJOURNMENT—HOUSE OF REPRESENTATIVES AND SENATE

October 17, 1974

[S. Con. Res. 120]

 Resolved by the Senate (the House of Representatives concurring),
That when the two Houses adjourn on Thursday, October 17, 1974, they stand adjourned until 12 o’clock noon on Monday, November 18, 1974. or until 12 o’clock noon on the second day after their respective Members are notified to reassemble in accordance with section 2 of this resolution, whichever event first occurs.
Sec. 2. The Speaker of the House of Representatives and the President pro tempore of the Senate shall notify the Members of the House and the Senate, respectively, to reassemble whenever in their opinion the public interest shall warrant it or whenever the majority leader of the House and the majority leader of the Senate, acting jointly, or the minority leader of the House and the minority leader of the Senate, acting jointly, file a written request with the Clerk of the House and the. Secretary of the Senate that the Congress reassemble for the consideration of legislation.
Sec. 3. Ordered, That during the adjournment of both Houses of Congress as provided in section 1, the Secretary of the Senate and the Clerk of the House, respectively, be authorized to receive messages, including veto messages, from the President of the United States.
Agreed to October 17, 1974.
H. Con. Res. 689: ADJOURNMENT—HOUSE OF REPRESENTATIVES AND SENATE House Concurrent Resolution 689 November 26, 1974
ADJOURNMENT—HOUSE OF REPRESENTATIVES AND SENATE

November 26, 1974

[H. Con. Res. 689]

 Resolved by the House of Representatives (the Senate concurring),
That when the House adjourns on Tuesday, November 26, 1974, it stand adjourned until 12 o’clock meridian Tuesday, December 3, 1974, and that when the Senate adjourns on Tuesday, November 26, 1974, it stand adjourned until 12 o’clock noon on Monday, December 2, 1974.
Sec. 2. Ordered, That during the adjournment of both Houses of Congress as provided in section 1, the Secretary of the Senate and the Clerk of the House, respectively, be authorized to receive messages, including veto messages, from the President of the United States.
Passed November 26, 1974.
S. Con. Res. 99: SELECT COMMITTEE ON NUTRITION AND HUMAN NEEDS-HEARINGS AND REPORTS Senate Concurrent Resolution 99 December 12, 1974
SELECT COMMITTEE ON NUTRITION AND HUMAN NEEDS-HEARINGS AND REPORTS

December 12, 1974

[S. Con. Res. 99]

 Resolved by the Senate (the House of Representatives concurring),

Printing of additional copies.
That there be printed for the use of the Select Committee on Nutrition and Human Needs not to exceed three thousand additional copies of all parts of its hearings and reports on national policy.
Sec. 2. The authorization conferred by section 1 of this concurrent resolution shall terminate on February 28, 1975.
Agreed to December 12, 1974.
S. Con. Res. 106: “PUBLIC FINANCING OF FEDERAL ELECTIONS”—HEARINGS Senate Concurrent Resolution 106 December 12, 1974
88 Stat. 2426 “PUBLIC FINANCING OF FEDERAL ELECTIONS”—HEARINGS

December 12, 1974

[S. Con. Res. 106]

 Resolved by the Senate (the House of Representatives concurring),

Printing of additional copies.
That there be printed for the use of the Senate Committee on Rules and Administration one thousand additional copies of its hearings of the first session of the Ninety-third Congress entitled “Public Financing of Federal Elections”.
Agreed to December 12, 1974.
S. Con. Res. 116: “THE MARIHUANA-HASHISH EPIDEMIC AND ITS IMPACT ON UNITED STATES SECURITY”—HEARINGS Senate Concurrent Resolution 116 December 12, 1974
“THE MARIHUANA-HASHISH EPIDEMIC AND ITS IMPACT ON UNITED STATES SECURITY”—HEARINGS

December 12, 1974

[S. Con. Res. 116]

 Resolved by the Senate (the House of Representatives concurring),

Printing of additional copies.
That there be printed for the use of the Senate Committee on the Judiciary ten thousand additional copies of the hearings before its Subcommittee on Internal Security during the present session entitled “The Marihuana-Hashish Epidemic and Its Impact on United States Security”.
Agreed to December 12, 1974.
H. Con. Res. 692: CORRECTION OF ENROLLED BILL S. 425 House Concurrent Resolution 692 December 16, 1974
CORRECTION OF ENROLLED BILL S. 425

December 16, 1974

[H. Con. Res. 692]

 Resolved by the House of Representatives (the Senate concurring),
That in the enrollment of the bill (S. 425) to provide for the cooperation between the Secretary of the Interior and the States with respect to the regulation of surface coal mining operations, and the acquisition and reclamation of abandoned mines, and for other purposes, the Secretary of the Senate shall make the following corrections: (1) In the first sentence of section 301(a) of the bill, strike out “1975.” and insert in lieu thereof “1975,”; and immediately after “university” strike out “at” and insert in lieu thereof “in”. (2) In section 301(a) (3) of the bill, strike out the semicolon immediately after “public college”; and strike out the semicolon immediately after “herein” and insert in lieu thereof a period. (3) In section 302 of the bill, designate the undesignated paragraph following subsection (d) as subsection (e). (4) In section 304 of the bill, designate the first undesignated paragraph as subsection (a); designate the second undesignated paragraph as subsection (b); and designate the third undesignated paragraph as subsection (c). (5) In section 306(c) of the bill, immediately after “Revised” insert “Statutes”. (6) In section 309(a) (5) of the bill, strike out “Survay” and insert in lieu thereof “Survey”. (7) In section 309(c) of the bill, strike out “receive” and insert in lieu thereof “receive”. (8) In section 403 of the bill, strike out “only land” and insert in lieu thereof “only lands”. (9) In section 404(d) of the bill, strike out “tenant under an agreement” and insert in lieu thereof “tenants under an agreement”. (10) In section 404(e) of the bill, strike out “occupied” and insert in lieu thereof “occupier”. 88 Stat. 2427 (11) In section 405(a) (3) of the bill, strike out “the the fair” and insert in lieu thereof “be the fair”. (12) In section 405(a)(6) of the bill, immediately after “knowledge” and immediately after “development” strike out “of” and insert in lieu thereof in each such place “or”. (13) 13) In section 405(a) (7) of the bill, strike out “this unreclaimed” and insert in lieu thereof “their unreclaimed”. (14) In the second sentence of section 405(a) (8) of the bill, strike out “rse” and insert in lieu thereof “use”. (15) In section 405(b)(1) of the bill, strike out “persons, dislocated” and insert in lieu thereof “persons dislocated”. (16) In section 501(B) of the bill, strike out “Agenccy” and insert in lieu thereof “Agency”. (17) In section 502(f) (2) of the bill, strike out “(2) provide that upon receipt of inspection reports indicating that any surface coal mining operation has been found in viola-” and insert in lieu thereof the following: “(2) provide that upon receipt of inspection reports indicating that any surface coal mining operation has been found in viola-”. (18) In section 503(a) of the bill, immediately after “surface” insert “coal” in paragraphs (1), (2), (4), and (6). (19) In section 503(c) of the bill, strike out the colon immediately after “thereof” and insert in lieu thereof a period. (20) In section 503(d) of the bill, strike out “State Program” both times it appears and insert in lieu thereof “State program”, and strike out “Section” and insert in lieu thereof “section”. (21) In section 504(a) (1) of the bill, immediately after “surface” insert “coal”. (22) In the second sentence of the matter following paragraph (3) in section 504(a) of the bill, immediately after “surface” insert “coal”. (23) In the third sentence of section 504(f) of the bill, strike out “the Act” both times it appears and insert in lieu thereof in each such place “this Act”. (24) In section 507(b)(5) of the bill, strike out “fact” and insert in lieu thereof “facts”. (25) In section 507(b) (13) of the bill, strike out “ (a)” and insert in lieu thereof “(A)”; strike out “(b)” and insert in lieu thereof “(B)”; and strike out the semicolon after “application” and insert in lieu thereof a period. (26) In section 507 (b) (16) of the bill, strike out the comma immediately after the parenthetical phrase. (27) In section 508(a)(2)(A) of the bill, immediately after “mining;” insert “and”. (28) In the third sentence of section 509(a) of the bill, strike out “regulator” and insert “regulatory”. (29) In section 509(b) of the bill, immediately after “surface” insert “coal”. (30) In the first sentence of section 510(c) of the bill, strike out “coal surface mining” and insert in lieu thereof “surface coal mining”. (31) In section 515(b) (3) of the bill, strike out “statability” and insert in lieu thereof “stability”; strike out “Act:” and insert in lieu thereof “Act):”; strike out “deposit;” and insert in lieu thereof “deposit,”; and strike out “consider all acid-forming” and insert in lieu thereof “cover all acid-forming”. (32) In section 515(b) (4) of the bill, immediately before “mining” insert “surface coal”. 88 Stat. 2428 (33) In section 515(b)(7) of the bill, immediately after “surface” insert “coal”. (34) In section 515(b)(8)(B) of the bill, immediately after “83–566” insert “(16 U.S.C. 1006) ”. (35) In section 505(b) (10) (B) of the bill, immediately after “surface” insert “coal”. (36) In section 515(b) (10) (F) of the bill, strike out the period after “prescribe” and insert in lieu thereof a semicolon. (37) In section 515(b) (15) of the bill, strike out the semicolon after “regulatory authority” and insert in lieu thereof a comma. (38) In section 515(b) (16) of the bill, immediately after “surface” insert “coal”. (39) In section 515(b) (17) of the bill, immediately after “insure” insert “that”. (40) In section 515(c) (2) of the bill, strike out “subparagraphs” and insert in lieu thereof “paragraphs”. (41) In section 515(c) (3) (C) (iv) of the bill, strike out “suported” and insert in lieu thereof “supported”. (42) In section 515(c) (3) (F) of the bill, immediately after “surface” insert “coal”. (43) In section 515(d) (1) of the bill, immediately after “performingsurface” insert “coal”: and immediately after “new surface” insert “coal”. (44) In section 516(b)(6) of the bill, strike out “regarded” and insert in lieu thereof “regraded”. (45) In section 516(b) (9) (B) of the bill, immediately after “conducting” insert “surface coal”. (46) In section 517(b)(1)(E) of the bill, immediately after “surface” insert “coal”. (47) In section 517(b) (3) (A) of the bill, strike out “to entry to, upon, or through any surface” and insert in lieu thereof “of entry to, upon, or through any surface coal”. (48) In section 517(c) (1) of the bill, immediately after “surface” insert “coal”. (49) In section 517(d) of the bill, immediately after “surface” each time it appears insert “coal”. (50) In the second sentence of section 519(a) of the bill, immediately after “surface” insert “coal”. (51) In the last sentence of section 519(a) of the bill, immediately after “surface” insert “coal”. (52) In section 519(c)(3) of the bill, immediately after “surface” insert “coal”. (53) In section 519(e) of the bill, immediately after “surface” insert “coal”. (54) In the second sentence of section 519(f) of the bill, immediately after “surface” insert “coal”. (55) In the first sentence of section 519(g) of the bill, immediately after “surface” insert “coal”. (56) In section 520(c)(1) of the bill, immediately after “surface” insert “coal”. (57) In section 520(f) of the bill, strike out “plan or reclamation” and insert in lieu thereof “plan of reclamation”. (58) In the first sentence of section 521(a)(1) of the bill, immediately after “person,” strike out “the”; and in that same sentence immediately after “such violation” strike out “exhists” and insert in lieu thereof “exists”. 88 Stat. 2429 (59) In the last sentence of the second paragraph in section 521(a) (3) of the bill, immediately before “abated” insert “authorized representative determines that the violation has been”. (60) In section 521(a)(4) of the bill, immediately before “the permittee’s failure” insert “the permit should not be suspended or revoked. Upon”. (61) In section 522(e) of the bill, immediately after “valid existing rights” strike out “to” and insert in lieu thereof “no”. (62) In section 523(b) of the bill, immediately after “surface” both times it appears therein, insert “coal”. (63) In the first sentence of section 523(c) of the bill, strike out “Staates” and insert in lieu thereof “States”; and in the same sentence immediately after “surface” insert “coal”. (64) In the last sentence of section 523(c) of the bill, immediately after “surface” insert “coal”. (65) In section 523(d) of the bill, immediately after “surface” insert “coal”. (66) In the first sentence of section 526(a)(2) of the bill, immediately before “United States” insert “the”. (67) In the third sentence of section 526(a) (2) of the bill, strike out “section penalties” and insert in lieu thereof “the penalty section”. (68) In section 526(e) of the bill, strike out “approval” and insert in lieu thereof “approved”. (69) In section 528 of the bill, strike out “(a)”; and strike out “land owner” and insert in lieu thereof “land owned”. (70) At the end of section 529 of the bill, insert the following: “(b) The Secretary of Interior shall report to Congress biennially, commencing on December 31, 1975, as to the effectiveness of such State anthracite regulatory programs operating in conjunction with this Act with respect to protecting the environment and such reports shall include those recommendations the Secretary deems necessary for program changes in order to better meet the environmental protection objectives of this Act.” (71) In section 601 (b) of the bill, strike out “ (a) ” immediately after “if” and insert in lieu thereof “(1)”; and strike out “(b)” immediately after “or” and insert in lieu thereof “(2)”. (72) bi section 701 of the bill, immediately after “For the” strike out “purpose” and insert in lieu thereof “purposes”. (73) In section 701(5) (A) of the bill, insert a comma immediately after “auger”; and strike out “section 530” and insert in lieu thereof “section 512”. (74) In section 701(11) of the bill, immediately after “surface” insert “coal”. (75) In section 701(14) of the bill, immediately after “surface” insert “coal”. (76) In section 701(18) of the bill, immediately after “surface” insert “coal”. (77) In section 701(21) of the bill, strike out “‘Fund’” and insert in lieu thereof” ‘fund’ ”. (78) In section 702(a) (7) of the bill, immediately after “Act of” insert “1934”. 88 Stat. 2430 (79) in section 702(b) of the bill, immediately after “surface” insert “coal”. (80) In the last sentence of section 703 (b) of the bill, strike out “subparagraph” and insert in lieu thereof “subsection”. (81) In section 703(c) of the bill, strike out “applicant,” and insert in lieu thereof “the applicant”; and strike out the comma immediately after the parenthetical phrase in that subsection. (82) In section 704 of the bill, strike out “Section 114” and insert in lieu thereof “Section 1114”. (83) In section 705(b) (2) of the bill, immediately after “surface” each time it appears insert “coal”. (84) In section 707(a) of the bill, immediately after “surface” each time it appears insert “coal”. (85) In section 708(b) (2) (A) (iii) (II) of the bill, immediately after “by the State” insert “in”. (86) In section 712(b) of the bill, strike out “reported” and insert in lieu thereof “report”. (87) In section 712(g) of the bill, strike out “715(a)” and insert in lieu thereof “714(a) ”. (88) In section 717 (1) of the bill, strike out “and” immediately after the semicolon.
Passed December 16, 1974.
S. Con. Res. 124: CORRECTION OF ENROLLED BILL H. R. 17468 Senate Concurrent Resolution 124 December 17, 1974
CORRECTION OF ENROLLED BILL H. R. 17468

December 17, 1974

[S. Con. Res. 124]

 Resolved by the Senate (the House of Representatives concurring),

Ante, p. 2179.
That, due to an inadvertent omission in the Senate reported version of H.R. 17468, entitled “An Act making appropriations for military construction for the Department of Defense for the fiscal year ending June 30, 1975, and for other purposes”, in resolving the difference between the Senate and the House on such bill, it shall be deemed that the Senate agreed to an amendment (No. 6) striking from the House-passed bill the following section 111, and the conferees are authorized to consider the same:
Sec. 111. Notwithstanding any other provision of law, funds available to the Department of Defense during the current fiscal year for the construction of family housing units may be used to purchase sole interest in privately owned and Federal Housing Commissioner held family housing units if the Secretary of Defense determines it is in the best interests of the Government to do so: Provided, That family housing units so purchased do not exceed annual Military Construction Authorization Act limitations on unit cost and numbers and are at the locations authorized: Provided further, That housing units so purchased are within the size limitations of title 10, United States Code, section 2684.
Agreed to December 17, 1974.
H. Con. Res. 654: “IMPEACHMENT OF RICHARD M. NIXON, PRESIDENT OF THE UNITED STATES” House Concurrent Resolution 654 December 18, 1974
88 Stat. 2431 “IMPEACHMENT OF RICHARD M. NIXON, PRESIDENT OF THE UNITED STATES”

December 18, 1974

[H. Con. Res. 654]

 Resolved by the House of Representatives (the Senate concurring),
That there shall be reprinted for use of the House Committee on the

Printing of copies.

Judiciary ten thousand copies of House Document 93–339 entitled “Impeachment of Richard M. Nixon, President of the United States”.
Passed December 18, 1974.
H. Con. Res. 680: FIRST CONTINENTAL CONGRESS-TWO HUNDREDTH ANNIVERSARY House Concurrent Resolution 680 December 18, 1974
FIRST CONTINENTAL CONGRESS-TWO HUNDREDTH ANNIVERSARY

December 18, 1974

[H. Con. Res. 680]

 Resolved by the House of Representatives (the Senate concurring),
That the proceedings at the commemoration ceremony in honor of the

Proceedings printed as House document.

two hundredth anniversary of the First Continental Congress, together with appropriate illustrations and other pertinent matter, shall be printed as a House document. The copy for such House document shall be prepared under the supervision of the Joint Committee on Printing.
Sec. 2. There shall be printed ten thousand additional copies of such

Additional copies.

House document for the use of the House of Representatives, which shall be bound in such style as the Joint Committee on Printing shall direct, to be prorated for a period of sixty days, after which the unused balance shall revert to the Joint Committee on Printing.
Passed December 18, 1974.
H. Con. Res. 683: PORTRAIT OF HONORABLE LEONOR K. SULLIVAN-PRESENTATION House Concurrent Resolution 683 December 18, 1974
PORTRAIT OF HONORABLE LEONOR K. SULLIVAN-PRESENTATION

December 18, 1974

[H. Con. Res. 683]

 Resolved by the House of Representatives (the Senate concurring),
That the transcript of the proceedings in the Committee on Merchant

Transcript printed as House document.

Marine and Fisheries of September 24, 1974, incident to the presentation of a portrait of the Honorable Leonor K. Sullivan to the Committee on Merchant Marine and Fisheries be printed as a House document with illustrations and suitable binding.
Sec. 2. In addition to the usual number, there shall be printed one

Additional copies.

thousand five hundred copies of such document for the use of the Committee on Merchant Marine and Fisheries.
Passed December 18, 1974.
H. Con. Res. 693: PRAYERS OFFERED BY REVEREND EDWARD GARDINER LATCH House Concurrent Resolution 693 December 19, 1974
PRAYERS OFFERED BY REVEREND EDWARD GARDINER LATCH

December 19, 1974

[H. Con. Res. 693]

 Resolved by the House of Representatives (the Senate concurring),
That the prayers offered by the Chaplain, the Reverend Edward

Printing as House document; additional copies.

Gardiner Latch, D.D., L.H.D., at the opening of the daily sessions of the House of Representatives of the United States during the Ninety-second and Ninety-third Congresses, be printed, with appropriate illustration, as a House document, and that three thousand additional copies be printed and bound for the use of the House of Representatives, to be distributed by the Chaplain of the House of Representatives.
Passed December 19, 1974.
H. Con. Res. 694: CORRECTION OF ENROLLED BILL H. R. 14689 House Concurrent Resolution 694 December 19, 1974
88 Stat. 2432 CORRECTION OF ENROLLED BILL H. R. 14689

December 19, 1974

[H. Con. Res. 694]

 Resolved by the House of Representatives (the Senate concurring),

That the Clerk of the House be authorized to make the following correction in the enrollment of the bill H.R. 14689:

Ante, p. 2330.

On page 2, line 19, strike out the word “mayor.” and insert in lieu thereof the word “manager.”
Passed December 19, 1974.
S. Con. Res. 126: CORRECTION OF ENROLLED BILL S. 356 Senate Concurrent Resolution 126 December 19, 1974
CORRECTION OF ENROLLED BILL S. 356

December 19, 1974

[S. Con. Res. 126]

 Resolved by the Senate (the House of Representatives concurring),

Ante, p. 2183.

That the Secretary of the Senate is authorized and directed, in the enrollment of S. 356, An Act to provide disclosure standards for written consumer product warranties against defect or malfunction; to define Federal content standards for such warranties; to amend the

15 USC 58.

Federal Trade Commission Act in order to improve its consumer protection activities, and for other purposes, to make the following technical correction:

Section 18(e)(3)(A), as inserted by section 202(a) of the Conference Report on such bill, is amended to read as follows:

“(A) the court finds that the Commission’s action is not supported by substantial evidence in the rulemaking record (as defined in paragraph (1)(B) of this subsection) taken as a whole, or”.
Agreed to December 19, 1974.
H. Con. Res. 675: CONSTITUTION OF THE UNITED STATES-POCKET-SIZE EDITION House Concurrent Resolution 675 December 20, 1974
CONSTITUTION OF THE UNITED STATES-POCKET-SIZE EDITION

December 20, 1974

[H. Con. Res. 675]

 Resolved by the House of Representatives (the Senate concurring),

Printing as House document; additional copies.
That there shall be printed as a House document the Constitution of the United States (pocket-size edition), as amended through July 5, 1971, and there be printed two hundred seventy-two thousand five hundred additional copies of such document, of which two hundred twenty-one thousand shall be for the use of the House of Representatives and fifty-one thousand five hundred shall be for the use of the Senate.
Passed December 20, 1974.
H. Con. Res. 679: CONSTITUTION OF THE UNITED STATES AND DECLARATION OF INDEPENDENCE House Concurrent Resolution 679 December 20, 1974
CONSTITUTION OF THE UNITED STATES AND DECLARATION OF INDEPENDENCE

December 20, 1974

[H. Con. Res. 679]

 Resolved by the House of Representatives (the Senate concurring),

Printing as House document; additional copies.
That the Constitution of the United States, as amended to July 1, 1971, together with the Declaration of Independence, be printed as a House document, with an index, in such form and style as may be directed by the Joint Committee on Printing, and that there be printed two hundred and seventy-two thousand five hundred additional copies of such document, of which two hundred and twenty-one thousand shall be for the use of the House of Representatives and fifty-one thousand five hundred shall be for the use of the Senate.
Passed December 20, 1974.
H. Con. Res. 696: CORRECTION OF ENROLLED BILL H. R. 10710 House Concurrent Resolution 696 December 20, 1974
88 Stat. 2433 CORRECTION OF ENROLLED BILL H. R. 10710

December 20, 1974

[H. Con. Res. 696]

 Resolved by the House of Representatives (the Senate concurring),
That in the enrollment of the bill (H.R. 10710) to promote the development

Ante, p. 1978.

of an open, nondiscriminatory, and fair world economic system, to stimulate the economic growth of the United States, and for other purposes, the Clerk of the House of Representatives is authorized and directed to make the following corrections: (1) On page 103, lines 16 and 17, of the House engrossed bill, strike out “date of the enactment of this Act” and insert “effective date of this chapter”. (2) On page 103, line 23, of the House engrossed bill, strike out “date of the enactment of this Act” and insert “effective date of this chapter”. (3) On page 104, line 6, of the House engrossed bill, strike out “date of the enactment of this Act” and insert “effective date of this chapter”. (4) On page 104, line 9, of the House engrossed bill, strike out “date of the enactment of this Act” and insert “effective date of this chapter”. (5) On page 104, line 14, of the House engrossed bill, strike out “date of the enactment of this Act” and insert “effective date of this chapter”. (6) On page 148, lines 15 and 16, of the House engrossed bill, strike out “311 through 315,317(a),”. (7) On page 148, line 19, of the House engrossed bill, strike out “(c) (2) and (3)” and insert“(c)”. (8) On page 148, line 20, of the House engrossed bill, strike out “302(b) (2), (d),and (e)” and insert “302(b) (1) and (2), (c), (d), and (e), 311 through 315,317(a),”.
Passed December 20, 1974.
H. Con. Res. 697: ADJOURNMENT SINE DIE House Concurrent Resolution 697 December 20, 1974
ADJOURNMENT SINE DIE

December 20, 1974

[H. Con. Res. 697]

 Resolved by the House of Representatives (the Senate concurring),
That when the two Houses adjourn on Friday, December 20, 1974, they shall stand adjourned sine die or until 12:00 noon on the second day after their respective Members are notified to reassemble in accordance with Section 2 of this resolution, whichever event first occurs.
Sec. 2. The Speaker of the House of Representatives and the President of the Senate or the President pro tempore of the Senate shall notify the Members of the House and the Senate, respectively, to reassemble whenever, in their opinion, the public interest shall warrant it, or whenever the majority leader of the Senate and the majority leader of the House, acting jointly, or the minority leader of the Senate and the minority leader of the House, acting jointly, file a written request with the Secretary of the Senate and the Clerk of the House that the Congress reassemble for the consideration of legislation.
Passed December 20, 1974.
PROCLAMATIONS

PROCLAMATIONS

 4258 January 2, 1974 Proclamation Amending Part 3 of the Appendix to the Tariff Schedules of the United States With Respect to the Importation of Agricultural Commodities Digitization Vendor By the President of the United States of America Proclamation Proclamation 4258 · January 2, 1974
Proclamation Amending Part 3 of the Appendix to the Tariff Schedules of the United States With Respect to the Importation of Agricultural Commodities By the President of the United States of America A Proclamation WHEREAS, pursuant to section 22 of the Agricultural Adjustment Act, as amended (7 U.S.C. 624), limitations have been imposed by Presidential proclamations on the quantities of certain dairy products which may be imported into the United States in any quota year; and WHEREAS the import restrictions proclaimed pursuant to said section 22 are set forth in part 3 of the Appendix to the Tariff Schedules of the United States; and

19 USC 1202.

 WHEREAS the Secretary of Agriculture has reported to me that he believes that additional quantities of Cheddar cheese, and cheese and substitutes for cheese containing, or processed from, Cheddar cheese provided for in item 950.08A of part 3 of the Appendix to the Tariff Schedules of the United States (TSUS) may be entered for a temporary period without rendering or tending to render ineffective, or materially interfering with, the price support program now conducted by the Department of Agriculture for milk or reducing substantially the amount of products processed in the United States from domestic milk; and WHEREAS, under the authority of section 22, I have requested the United States Tariff Commission to make an investigation with respect to this matter; and WHEREAS the Secretary of Agriculture has determined and reported to me that a condition exists with respect to such cheese provided for in 243788 Stat. 2438

19 USC 1202.

item 950.08A of the TSUS which requires emergency treatment and that the quantitative limitation imposed on such cheese should be increased during the period ending March 31, 1974, without awaiting the recommendations of the United States Tariff Commission with respect to such action; and WHEREAS I find and declare that the entry during the period ending March 31, 1974, of an additional quantity of 100,000,000 pounds of the cheese provided for in item 950.08A of the TSUS will not render or tend to render ineffective, or materially interfere with, the price support program which is being undertaken by the Department of Agriculture for milk and will not reduce substantially the amount of products processed in the United States from domestic milk; and that a condition exists which requires emergency treatment and that the quantitative limitation imposed on such cheese should be increased during such period without awaiting the recommendations of the United States Tariff Commission with respect to such action;

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, acting under and by virtue of the authority vested in me as President, and in conformity with the provisions of

7 USC 624.

section 22 of the Agricultural Adjustment Act, as amended, and the

19 USC prec. 1202 note.

 Tariff Classification Act of 1962, do hereby proclaim that subdivision (vii) of headnote 3(a) of part 3 of the Appendix to the Tariff Schedules

19 USC 1202.

of the United States is amended to read as follows:

(vii) Notwithstanding any other provision of this part, 100,000.000 pounds of the articles described in item 950.08A may be entered during the period beginning January 3, 1974, and ending March 31, 1974, in addition to the annual quota quantity specified for such articles under item 950.08A, and import licenses shall not be required for entering such additional quantity. No individual, partnership, firm, corporation, association, or other legal entity (including its affiliates or subsidiaries) may during such period enter pursuant to this provision an aggregate quantity of such articles in excess of 2,500,000 pounds. The 100,000,000 pound additional quota quantity authorized to be entered during the period ending March 31, 1974, shall be allocated among supplying countries as follows:
Supplying Country Quantity in pounds
New Zealand 55, 000, 000
Australia 12, 000, 000
Other Countries 33, 000,000

The additional quota quantity provided for herein shall continue in effect pending Presidential action upon receipt of the report and recommendations of the Tariff Commission with respect thereto.

88 Stat. 2439

IN WITNESS WHEREOF, I have hereunto set my hand this second day of January in the year of our Lord nineteen hundred and seventy-four, and of the Independence of the United States of America the one hundred and ninety-eighth.

Richard Nixon
4259 January 24, 1974 International Clergy Week in the United States Digitization Vendor By the President of the United States of America Proclamation Proclamation 4259 · January 24, 1974
International Clergy Week in the United States By the President of the United States of America A Proclamation

From the ancient days of the prophets, God has worked through men and women of faith to extend His truth, His love and His peace to other people. Today, as in the time of Abraham, the clergy of the world minister to a world torn between the temporal and the spiritual.

Wherever they can, those who are members of the clergy try to stand fast on the borders between right and wrong, reminding us of both God’s judgment and His mercy. They call upon us to choose what we will be, and they challenge us to lie more than we have been.

In recognition of the spiritual and social work of the clergy throughout the world, I, Richard Nixon, President of the United States of America, proclaim the week beginning February 3, 1974, as International Clergy Week in the United States. I call upon all our people to honor these servants of God and man through appropriate activities and ceremonies.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day of January in the year of our Lord nineteen hundred seventy-four and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4260 January 25, 1974 Amending Part 3 of the Appendix to the Tariff Schedules of the United States With Respect to the Importation of Agricultural Commodities Digitization Vendor By the President of the United States of America Proclamation 88 Stat. 2440 Proclamation 4260 · January 25, 1974
Amending Part 3 of the Appendix to the Tariff Schedules of the United States With Respect to the Importation of Agricultural Commodities By the President of the United States of America A Proclamation WHEREAS, pursuant to section 22 of the Agricultural Adjustment Act, as amended (7 U.S.C. 624), limitations have been imposed by Presidential proclamations on the quantities of wheat and milled wheat products which may be imported into the United States in any quota year; and WHEREAS the import restrictions proclaimed pursuant to said section 22 are set forth in part 3 of the Appendix to the Tariff Schedules

19 USC 1202.

of the United States; and WHEREAS, at my request, the United States Tariff Commission has made an investigation under the authority of subsection (b) of section 22 of the Agricultural Adjustment Act to determine whether the import quotas on wheat and milled wheat products provided for in item 950.60 of part 3 of the Appendix to the Tariff Schedules of the United States (TSUS) may be suspended without rendering or tending to render in-effective, or materially interfering with, the loan and payment programs now conducted by the Department of Agriculture for wheat or reducing substantially the amount of products processed in the United States from domestic wheat; and WHEREAS the United States Tariff Commission has submitted to me a report with respect to this matter; and WHEREAS, on the basis of such investigation and report, I find and declare that the entry of additional quantities of wheat and milled wheat products resulting from the suspension during the period ending June 30, 1974, of the quantitative limitations provided for in item 950.60 of the TSUS will not render or tend to render ineffective, or materially interfere with, the loan and payment programs now being conducted by the Department of Agriculture for wheat and will not reduce substantially the amount of products processed in the United States from domestic wheat, that the circumstances wihch required the imposition of such quantitative limitations on wheat and milled wheat products no longer exist, and that such quantitative limitations should be suspended during the period ending June 30, 1974; 88 Stat. 2441

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, acting under and by virtue of the authority vested in me as President, and in conformity with the provisions of

7 USC 624

section 22 of the Agricultural Adjustment Act, as amended, and the Tariff Classification Act of 1962, do hereby proclaim that headnote 3(a)

19 USC prec. 1202 note.

19 USC 1202.

 of part 3 of the Appendix to the Tariff Schedules of the United States is amended by adding a new subdivision as follows:

(ix)

Notwithstanding any other provision of this part the quantitative limitations

Post, p. 2488.

for the articles provided for in item 950.60 shall be suspended during the period beginning January 26, 1974, and ending June 30, 1974. Quantities of such articles entered during the period of May 29, 1974, through June 30, 1974, shall not be deducted from the quantities which may be entered during the twelve month period beginning May 29, 1974, under the quantitative limitations provided for in item 950.60.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of January, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4261 January 25, 1974 National MIA Awareness Day Digitization Vendor By the President of the United States of America Proclamation Proclamation 4261 · January 25, 1974
National MIA Awareness Day By the President of the United States of America A Proclamation

Over 1,200 Americans are still missing and unaccounted for in Southeast Asia. The bodies of more than 1,100 men who were killed in the same area have never been recovered.

Although the Vietnam Agreement of January 27, 1973, obligates North Vietnam and its allies to account for the missing and to return the remains of those who died, communist authorities have failed to account for our missing, or to return the remains of our dead in the year that has elapsed since the Vietnam Agreement was signed. As a result, the families of our missing men continue to live with the anguish of uncertainty about the fate of their loved ones.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America do hereby designate Sunday, January 27, 1974, as National MIA Awareness Day, a day dedicated to the many Ameri-88 Stat. 2442cans who remain missing and unaccounted for in Indochina, and to their families. I call upon all Americans to join on this occasion in expressing the clear, continuing commitment of the American people and their Government to seek the fullest possible accounting for Americans missing in Southeast Asia and the return of the remains of those who died. I also call upon State and local officials and private organizations to observe this day with appropriate ceremonies and activities.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of January, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4262 January 30, 1974 International Women’s Year 1975 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4262 · January 30, 1974
International Women’s Year 1975 By the President of the United States of America A Proclamation

There is a growing awareness today of the significant contributions that American women have made to our country’s development, its culture, and its social and economic life. Women have enriched our society as homemakers and mothers and our community life through dedicated service as volunteers. Their entry into the labor force in increasing numbers has strengthened and expanded our economy. Despite these important contributions, women continue to face inequities as they seek a broader role in the life of our Nation.

In recent years, we have made significant progress toward remedying this situation, not only by striking down barriers to the employment and advancement of women in Government, but by ending discriminatory practices in other fields through legislation, Executive order, and judicial decree. Even when legal equality is achieved, however, traditional discriminatory attitudes, beliefs and practices may persist, preventing women from enjoying the full and equal rights that they deserve.

This Administration is committed to providing an opportunity for women to participate on an equal basis with men in our national life.

86 Stat. 1523.

We support the Equal Rights Amendment, we are moving vigorously 88 Stat. 2443to ensure full equal employment opportunity for women in the Federal service, and we are enforcing the law requiring similar efforts in business and institutions which receive Federal contracts or assistance.

The United Nations General Assembly, by adoption of Resolution 3010 of December 18, 1972, designated 1975 as International Women’s Year. This resolution offers an exceptional opportunity to intensify the national effort already underway in the United States to further advance the status of women.

In observing International Women’s Year, we should emphasize the role of women in the economy, their accomplishments in the professions, in Government, in the arts and humanities, and in their roles as wives and mothers.

The Congress approved the Equal Rights Amendment to the Constitution in 1972. It would be a fitting tribute to America’s women to

86 Stat. 1523.

complete the ratification of this amendment by 1975.

Let us begin now to work together, men and women, to make 1975 an outstanding year for women in the United States, and lend our support to the advancement of women around the world.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby designate the year 1975 as International Women’s Year in the United States. I call upon the Congress and the people of the United States, interested groups and organizations, officials of the Federal Government and of State and local governments, educational institutions, and all others who can be of help, to begin now to provide for the observance of International Women’s Year with practical and constructive measures for the advancement of the status of women, and also to cooperate with the activities and observances to be arranged under the auspices of the United Nations.

IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of January in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4263 February 4, 1974 American Heart Month, 1974 Digitization Vendor By the President of the United States of America Proclamation 88 Stat. 2444 Proclamation 4263 · February 4, 1974
American Heart Month, 1974 By the President of the United States of America A Proclamation

America is in the midst of a deadly epidemic. Diseases of the heart and blood vessels claim more American lives than all other causes of death combined. It is estimated that nearly 28 million Americans have some major form of heart and blood vessel disease.

Heart and blood vessel diseases cost the Nation an estimated $30 billion annually. In addition to lost income and expenditures for medical care, an estimated 200,000 man-years of production are lost each year because of this health hazard. And the greatest cost of course, the cost in human suffering, is one that cannot be measured in monetary terms.

42 USC 287 note.

In 1948, with passage of the National Heart Act, this country launched a comprehensive effort to help alleviate the burden of cardiovascular diseases. This landmark legislation created the Federal Government’s National Heart Institute, bringing the public sector into a close alliance with the private sector as exemplified by the American Heart Association, a national voluntary health agency.

During the past 26 years, this partnership has fostered extraordinary’ progress in the fields of diagnosis, prevention, treatment, surgery, coronary care, and rehabilitation. Still heart and blood vessel diseases remain our Nation’s deadliest health threat.

To encourage a continuing effective attack on cardiovascular diseases, the Congress, by a joint resolution approved December 30, 1963 (77

36 USC 169b.

Stat. 843), requested the President to issue a proclamation designating February of each year as American Heart Month.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim the month of February, 1974, as American Heart Month. I invite the Governors of the States, the Commonwealth of Puerto Rico, and officials of other areas subject to the jurisdiction of the United States to issue similar proclamations.

I urge the people of the United States to consider fully the nationwide problem of cardiovascular diseases, and to support programs essential to bring about its solution.

88 Stat. 2445

IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of February, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4264 February 6, 1974 National Nurse Week, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4264 · February 6, 1974
National Nurse Week, 1974 By the President of the United States of America A Proclamation

America has always honored those who serve society as nurses. In recent years, however, we have come to appreciate more than ever the complex and expanding role which nurses play in our health care system. Increasingly, the high quality of our nursing profession is making it possible for more Americans to enjoy better health services.

As medical science makes new discoveries, nursing skills in turn must become more sophisticated and more highly specialized. In out-of-hospital settings, nurses in increasing numbers are assuming primary care roles as specialized nurse practioners. Graduates of pediatric nurse practitioner programs are independently caring for a high percentage of children receiving care in metropolitan health clinics and private medical practice. Visiting nurses, with highly specialized skills in the prevention of illness and accidents and in the assessment and treatment of chronic conditions, are making it possible for even very frail elderly people to go on residing in their own homes. Nurses trained in intensive coronary care are saving lives of patients who develop lethal disturbances of heart rhythm. Nurses engaged in research projects have helped to improve our understanding in many areas, including the rehabilitation of stroke patients, the care and prevention of pulmonary disease, cancer nursing, ways to help ambulatory patients, and illnesses that result in absence from school.

For their dedication and for their constantly expanding skills, which are doing so much to improve the health of America, nurses merit the highest measure of personal and professional regard.

88 Stat. 2446

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim the week of February 10 through February 16, 1974, as National Nurse Week. I invite the Governors of the States, the Commonwealth of Puerto Rico, and officials of other areas subject to the jurisdiction of the United States, to issue similar proclamations.

IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of February, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4265 February 6, 1974 National Port Week, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4265 · February 6, 1974
National Port Week, 1974 By the President of the United States of America A Proclamation

In providing services to promote the expansion of United States exports, our commercial ocean and inland ports play a central role in improving our balance of trade. The building of World Trade Centers in several ports and the establishment of trade promotion offices in major manufacturing areas are among the methods employed by United States ports to encourage export expansion.

Over 1.6 billion tons of commerce in our foreign and domestic water-borne trades moved through our port gateways in 1972. The foreign portion of this total was valued at more than $47 billion. The many and varied port handling activities required to service this vast trade volume alone generate about $30 billion in direct dollar income to local and regional economies served by United States ports. This amount serves to stimulate an even greater economic chain of indirect revenues as these dollars are spent throughout the national economy.

Other statistics also help to demonstrate the central role of port facilities in the American economy. Public and private port interests have invested over $5 billion in cargo handling facilities since the end of World War II. Port-generated activities now provide employment for well over 1.2 million people—accounting for about $12 billion in wages each 88 Stat. 2447year. A total of over $32 billion a year is being poured into the American economy directly and indirectly by waterfront activities in our national port system.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, in order to remind Americans of the importance of the port industry of the United States to our national life, do hereby designate the week beginning on the last Sunday in September as National Port Week. I ask that public attention be directed to the important role our Nation’s ports play in the American economy through appropriate activities and ceremonies. I also ask that all ships in United States ports during that week dress ship in tribute to our port industry.

IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of February, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred and ninety-eighth.

Richard Nixon
4266 February 7, 1974 National Inventors’ Day, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4266 · February 7, 1974
National Inventors’ Day, 1974 By the President of the United States of America A Proclamation

Curiosity and creativity are hallmarks of the American character and nowhere are those traits more evident than in the American inventor. From the days of Benjamin Franklin to the present, whether they have worked in garages or multi-million dollar laboratories, inventors have given us an increasingly broad array of labor-saving devices as well as new methods of improving our personal comfort, new methods of transportation, and new means of enjoying our culture. Indeed, they have given us the means of converting our Nation’s great natural abundance into a better life for all Americans.

Our history is filled with the stories of men who have worked in loneliness-—and sometimes in spite of the laughter of men of lesser vision—in order to perfect ideas that have transformed our civilization. At the heart of all our great technological advances, and of all our industrial and 88 Stat. 2448commercial enterprises in communications, technology, medicine, and many other fields, lies the dream and the ingenuity of the inventor.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, in honor of the important role played by inventors in promoting progress in the useful arts and in recognition of the invaluable contribution of inventors to the welfare of our people, designate February 11, 1974, as National Inventors’ Day. I call upon the people of the United States to join in observing National Inventors’ Day with appropriate ceremonies and activities honoring the important role played by inventors in promoting progress in useful arts and in recognition of their invaluable contribution to our welfare.

IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of February, in the year of our Lord nineteen hundred and seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4267 February 7, 1974 Save Your Vision Week, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4267 · February 7, 1974
Save Your Vision Week, 1974 By the President of the United States of America A Proclamation

Most of us, rarely, pause to think about how or why we see. Many of us give little thought to the care of our eyes. But the importance of good vision cannot be overstated. Even though most people retain effective vision throughout their lives, eyesight can deteriorate at any moment.

Yet within our grasp is the knowledge and means to help us combat even very serious vision problems. This is possible because of the skills of our Nation’s optometrists, opthalmologists, opticians, and allied health professionals as well as the Nation’s scientists who conduct research on vision problems assisted by Federal support from the National Eye Institute and by many private organizations.

To focus the Nation’s attention on the importance of good vision and upon ways of preserving and improving it, the Congress by a joint resolution

36 USC 169a.

approved December 30, 1963 (77 Stat. 629), requested the Presi-88 Stat. 2449dent to proclaim the first full week in March of each year as Save Your Vision Week.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim the week of March 3, 1974, as Save Your Vision Week. I urge optometrists, physicians, and government and private agencies concerned to inform every American of the need to protect the precious gift of vision.

I invite the Governors of the States and appropriate local government officials to support Save Your Vision Week activities and I call upon the Nation’s mass communications media to join in encouraging all Americans to heed the message of Save Your Vision Week—to preserve good vision and to enhance the joy of seeing.

IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of February, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4268 February 7, 1974 National Poison Prevention Week, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4268 · February 7, 1974
National Poison Prevention Week, 1974 By the President of the United States of America A Proclamation

While there has been a significant reduction in the number of deaths among young children as a result of poisoning, poisoning still remains one of the most common medical emergencies involving children.

The reductions which have been accomplished over the years have largely been the result of cooperation among the medical, pharmaceutical, dental, nursing, and allied professions; Federal, State, and local government agencies, community organizations; and private industry. New Federal laws, including the Poison Prevention Packaging Act of 1970 have also played an important part in this achievement.

15 USC 1471 note.

We must continue to use every possible preventive measure to further reduce poisoning as a threat to the health of all Americans. To help call attention to this effort, the Congress, in a joint resolution approved 88 Stat. 2450

36 USC 165.

September 26, 1961 (75 Stat. 681), requested the President to issue annually a proclamation designating the third week in March as National Poison Prevention Week.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby designate the week beginning March 17, 1974, as National Poison Prevention Week.

I direct all appropriate agencies of the Federal Government to participate actively in programs designed to promote maximum protection of our people against accidental poisoning, particularly among children. Further I invite all State and local governments, and private organizations and individuals to share in this national effort.

IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of February, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4269 February 21, 1974 National Farm Safety Week, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4269 · February 21, 1974
National Farm Safety Week, 1974 By the President of the United States of America A Proclamation

Every one of America’s farmers produces enough food to feed 50 other people. Our agricultural productivity plays a fundamental role in our country’s international leadership as it enables us to provide assistance to other less fortunate nations and it frees so many in our society for other economic and social efforts which benefit America and the world.

As in every other crucial industry, job safety is essential to the maintenance of high agricultural productivity. But we are concerned with more than productivity alone. Every year farm accidents produce serious injuries and result in the lass of thousands of lives. The financial cost in lost time, production, and medical and property expenses runs into billions of dollars. The cost in human suffering is incalculable.

This needless waste of precious human and economic resources must be and can be sharply reduced through careful attention to basic safety 88 Stat. 2451precautions. As we act to provide the food and fibre that feeds and clothes Americans and many people around the world, I urge that we also act to protect the lives of the farmers and farm workers of America through more careful attention to farm safety.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby designate the week beginning July 25, 1974, as National Farm Safety Week. During this week and in the ensuing year, I urge all who reside on farms and ranches to employ every needed safety precaution and practice, at work, at home, and in recreation. Further, I ask those who work with and serve farm and ranch people to support them in accident-reducing efforts by providing encouragement, information and education. We must become as effective at reducing accident losses as we have become in increasing agricultural production.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of February, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4270 February 26, 1974 Vietnam Veterans Day Digitization Vendor By the President of the United States of America Proclamation Proclamation 4270 · February 26, 1974
Vietnam Veterans Day By the President of the United States of America A Proclamation

As America enters its second year of peace after a decade of conflict, it is highly appropriate for us to acknowledge the debt we owe to those veterans who served in the Armed Forces during the conflict in Southeast Asia. The untiring devotion that characterized our Armed Forces during this trying conflict is a tribute to the national character.

There are over six and one-half million Vietnam-era veterans, of whom more than two and one-half million served in Vietnam. Despite significant disruptions in their lives and other personal sacrifices, they answered the call of their country and served with great distinction.

88 Stat. 2452

As a Nation, we have acknowledged our deep respect and admiration by setting aside March 29, 1974, as Vietnam Veterans Day to remember that the honorable peace America achieved came through great sacrifice. Those who served, those who gave their lives, those who were disabled, and those who are still missing in Southeast Asia—and whose full accounting we shall continue to seek—deserve the profound gratitude of their countrymen. For this purpose, the Congress has authorized and requested me to issue a proclamation designating March 29, 1974, as Vietnam Veterans Day.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, urge the people of this Nation to join in commemorating Friday, March 29, 1974, as Vietnam Veterans Day with suitable observances.

I direct the appropriate officials of the Government to arrange for the display of the flag of the United States on all public buildings on that day; and I request officials of Federal, State, and local Governments, and civic and patriotic organizations, to give their enthusiastic support to appropriate ceremonies and observances throughout the Nation.

I urge all citizens of every age to participate in the events of this day as one means of honoring those men and women who served their country faithfully and courageously during the Vietnam conflict.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of February, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon Editorial Note:

For the text of Presidential remarks on signing Proclamation 4270. see Weekly Compilation of Presidential Documents (vol. 10, p. 256).
4271 February 26, 1974 National Safe Boating Week, 1974 Digitization Vendor By the President of the United States of America Proclamation 88 Stat. 2453 Proclamation 4271 · February 26, 1974
National Safe Boating Week, 1974 By the President of the United States of America A Proclamation

For many Americans, boating has become a major source of leisure-time pleasure. To avoid turning pleasure into tragedy, however, we must always be mindful of our shared responsibility to use our water-ways in a safe manner. Furthermore, with the pressures of the energy crisis forcing a reduction in our available fuel supplies, Americans who utilize our waterways should be mindful of the need to conserve fuel to aid in meeting our energy needs.

Aware of the need for boating safety, the Congress enacted the joint resolution of June 4, 1958 (72 Stat. 179), which requests that the

36 USC 161.

President proclaim annually the week which includes July 4 as National Safe Boating Week.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby designate the week beginning June 30, 1974, as National Safe Boating Week.

All Americans who utilize our waterways for recreation should possess at least a minimum knowledge of safety afloat for their own protection and for the protection of their passengers and craft. I urge all Americans who engage in recreational boating to take advantage of the numerous safe boating courses sponsored by governmental and private organizations and I particularly urge inexperienced operators of small boats to enroll in educational programs designed to teach the fundamentals of safe boating since they seem more prone to boating accidents or tragedies.

I also invite the Governors of the States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa, and the Commissioner of the District of Columbia to provide for the observance of this week.

88 Stat. 2454

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of February, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4272 February 26, 1974 Quantitative Limitation on the Importation of Certain Meats into the United States Digitization Vendor By the President of the United States of America Proclamation Proclamation 4272 February 26, 1974
Quantitative Limitation on the Importation of Certain Meats into the United States By the President of the United States of America A Proclamation WHEREAS section 2(a) of the act of August 22, 1964 (78 Stat. 594, 19 U.S.C. 1202 note) (hereinafter referred to as “the act”), declares that it is the policy of the Congress that the aggregate quantity of the articles specified in item 106.10 (relating to fresh, chilled, or frozen cattle meat) and item 106.20 (relating to fresh, chilled, or frozen meat of goats and sheep (except lambs)) of the Tariff Schedules of

19 USC 1202.

the United States (hereinafter referred to as “meat”) which may be imported into the United States in any calendar year beginning after December 31, 1964, shall not exceed a quantity to be computed as prescribed in that section (hereinafter referred to as “adjusted base quantity”); and WHEREAS section 2(b) of the act provides that the Secretary of Agriculture for each calendar year after 1964 shall estimate and publish the adjusted base quantity for such calendar year and shall estimate and and publish quarterly the aggregate quantity of meat which, in the absence of the limitations under the act, would be imported during such calendar year (hereinafter referred to as “potential aggregate imports”); and WHEREAS the Secretary of Agriculture, pursuant to sections 2 (a) and (b) of the act, estimated the adjusted base quantity of meat for the calendar year 1974 to be 1,027.9 million pounds and estimated the potential aggregate imports of meat for 1974 to be 1,575.0 million pounds; and 88 Stat. 2455 WHEREAS the potential aggregate imports of meat for the calendar year 1974, as estimated by the Secretary of Agriculture, exceeds 110 percent of the adjusted base quantity of meat for the calendar year 1974 estimated by the Secretary of Agriculture; and WHEREAS no limitation under the act is in effect with respect to the calendar year 1974; and WHEREAS section 2(c)(1) of the act requires the President in such

19 USC 1202 note.

circumstances to limit by proclamation the total quantity of meat which may be entered, or withdrawn from warehouse, for consumption, during the calendar year, to the adjusted base quantity estimated for such calendar year by the Secretary of Agriculture pursuant to section 2(b)(1) of the act; and WHEREAS section 2(d) of the act provides that the President may suspend the total quantity proclaimed pursuant to section 2(c) of the act if he determines and proclaims that such action is required by overriding economic or national security interests of the United States, giving special weight to the importance to the Nation of the economic well-being of the domestic livestock industry; and WHEREAS section 2(d) of the act further provides that such suspension shall be for such period as the President determines and proclaims to be necessary to carry out the purposes of section 2(d); NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, acting under and by virtue of the authority vested in me as President and pursuant to section 2 of the act, do hereby proclaim as follows: (1) In conformity with and as required by section 2(c)(1) of the act, the total quantity of the articles specified in item 106.10 (relating to fresh, chilled, or frozen cattle meat) and item 106.20 (relating to fresh, chilled, or frozen meat of goats and sheep (except lambs)) of part 2B, schedule 1 of the Tariff Schedules of the United States which

19 USC 1202.

 may he entered, or withdrawn from warehouse, for consumption during the calendar year 1974, is limited to 1,027.9 million pounds. (2) It is hereby determined pursuant to section 2(d) of the act that the suspension of the limitation proclaimed in paragraph (1) is required by overriding economic interests of the United States, giving special weight to the importance to the Nation of the economic well-being of the domestic livestock industry. 88 Stat. 2456 (3)

The limitation proclaimed in paragraph (1) is suspended during the calendar year 1974 unless, because of changed circumstances, it becomes necessary to take further action under the act. It is hereby determined necessary that such suspension shall be for such period in

19 USC 1202 note.

order to carry out the purposes of section 2(d) of the act.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of February, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4273 February 27, 1974 Red Cross Month, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4273 · February 27, 1974
Red Cross Month, 1974 By the President of the United States of America A Proclamation

Millions of Americans each year pledge themselves to assist the humanitarian causes of the American Red Cross. By so doing, they are being good neighbors—assuring that help is available for themselves and their fellow Americans in time of need.

Red Cross volunteers serve human needs on many fronts. Their efforts assure the availability of blood to care for the ill and injured and provide funds to carry out a far-reaching program of blood research. They make it possible to arm Americans with the knowledge to save lives through courses in basic nursing skills, first aid and water safety. Through their efforts, veterans are assisted in adjusting to civilian life, the elderly in gaining government food and financial benefits, and the drug abuser in returning to a meaningful place in society. And each year the American Red Cross aids thousands upon thousands of our fellow citizens who have suffered the consequences of natural disasters and brings comfort to patients in military hospitals and homes for the aged.

These vital services of the American Red Cross are financed primarily by voluntary contributions and I urge every American to support the American Red Cross and help provide it with the resources it will need to continue its service to our people.

88 Stat. 2457

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America and Honorary Chairman of the American National Red Cross, do hereby designate March, 1974, as Red Cross Month, a month when every citizen is urged to join, serve, and support the American Red Cross.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day of February, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4274 March 4, 1974 Proclamation Amending Part 3 of the Appendix to the Tariff Schedules of the United States With Respect to the Importation of Agricultural Commodities Digitization Vendor By the President of the United States of America Proclamation Proclamation 4274 · March 4, 1974
Proclamation Amending Part 3 of the Appendix to the Tariff Schedules of the United States With Respect to the Importation of Agricultural Commodities By the President of the United States of America A Proclamation WHEREAS, pursuant to section 22 of the Agricultural Adjustment Act, as amended (7 U.S.C. 624), limitations have been imposed by Presidential proclamations on the quantities of certain dairy products which may be imported into the United States in any quota year; and WHEREAS the import restrictions proclaimed pursuant to section 22 are set forth in Part 3 of the Appendix to the Tariff Schedules of the United States; and

19 USC 1202.

 WHEREAS the Secretary of Agriculture has reported to me that he believed the import quota provided for in item 950.02 of Part 3 of the Appendix to the Tariff Schedules of the United States (TSUS) on the articles described in TSUS item 115.50 (hereinafter referred to as “nonfat dry milk”) may be increased or suspended without rendering or tending to render ineffective, or materially interfering with, the price support program now conducted by the Department of Agriculture for milk or reducing substantially the amount of products processed in the United States from domestic milk; and WHEREAS, at my request, the United States Tariff Commission has made an investigation under the authority of section 22 of the Agricultural Adjustment Act to determine whether the import quota provided 88 Stat. 2458

19 USC 1202.

for in TSUS item 950.02 on nonfat dry milk may be increased or suspended without rendering or tending to render ineffective, or materially interfering with, the price support program now conducted by the Department of Agriculture for milk or reducing substantially the amount of products processed in the United States from domestic milk; and WHEREAS the United States Tariff Commission has submitted to me a report with respect to this matter and I need to study further this matter before making a determination as to final action to be taken; and WHEREAS, pending a determination as to final action to be taken, I find and declare, on the basis of such investigation and report, that changed circumstances require modification of the import quota provided for in TSUS item 950.02 on nonfat dry milk during the period ending June 30, 1974, and that the entry of an additional quantity of 150,000,000 pounds of nonfat dry milk during such period will not render or tend to render ineffective, or materially interfere with, the price support program which is being undertaken by the Department of Agriculture for milk and will not reduce substantially the amount of products processed in the United States from domestic milk;

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, acting under and by virtue of the authority-vested in me as President, and in conformity with the provisions of

7 USC 624.

section 22 of the Agricultural Adjustment Act, as amended, and the Tariff Classification

19 USC prec. 1202 note.

 Act of 1962, do hereby proclaim that subdivision (vi) of headnote 3(a) of Part 3 of the Appendix to the Tariff Schedules of the

19 USC 1202.

 United States is amended to read as follows:

“(vi) Notwithstanding any other provisions of this part, 150,000,000 pounds of the articles described in item 115.50 may be entered during the period beginning March 5, 1974, and ending June 30, 1974, in addition to the annual quota quantity specified for such article under item 950.02, and import licenses shall not be required for entering such additional quantities. The 150,000,000 pound additional quota quantity shall be allocated among supplying countries as follows:
Supplying Country Quantity in Pounds
  Australia 15, 000, 000
  New Zealand 55, 000, 000
  Other Countries 80, 000, 000
88 Stat. 2459

IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of March in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4275 March 18, 1974 American Forestry Week and World Forestry Day, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4275 · March 18, 1974
American Forestry Week and World Forestry Day, 1974 By the President of the United States of America A Proclamation

Since the first settlers moved onto this continent centuries ago, America’s forests have been one of our greatest resources. But no resource is inexhaustible. Only wise conservation and measured use can preserve our country’s forest heritage.

One-third of the Nation’s land area is still covered with forests. They contribute heavily to the economy and to our high standard of living by providing one-fifth of the industrial raw materials of the Nation. More-over, our forests have long provided much more than raw materials. They are a source of water for domestic and commercial use; they provide homes and food for wildlife, and forage for livestock; and they have become America’s outdoor playground, a haven for campers, hikers, hunters and fishermen.

It is only fitting that every spring we renew our commitment to the preservation of this priceless heritage.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States, do hereby call on all Americans to observe the week of March 17 through 23, 1974, as “American Forestry Week,” with activities and ceremonies that recognize the full range of contributions of forests and forestry to the past, to the present, and to the future of America. In conjunction with this commemoration, I ask that we join with other Nations of the world in recognizing March 21, 1974, as “World Forestry Day,” an activity sponsored by the European Federation of Agriculture and endorsed by the Food and Agriculture Organization of the United Nations.

88 Stat. 2460

To this end, I am directing the Secretary of Agriculture to instruct the Chief of the Forest Service to work with all organizations, institutions, groups, and individuals interested in carrying out appropriate activities in joint recognition of “American Forestry Week” and “World Forestry’ Day.”

IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of March, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4276 March 21, 1974 Armed Forces Day Digitization Vendor By the President of the United States of America Proclamation Proclamation 4276 · March 21, 1974
Armed Forces Day By the President of the United States of America A Proclamation

Through their vigilance and fortitude, our Armed Forces have preserved our independence as a Nation. Today they serve as the bulwark of our freedom as we strive for lasting world peace.

The responsibility of the more than 2 million fine men and women in the Armed Forces of the United States is an awesome one and, in doing their duty, they exemplify the spirit, courage and patriotism that have made America a great Nation.

It is particularly fitting that we should recognize their sacrifices today, at a time when the prospect for a future free of war is the brightest in years. We must never forget that it is those who wear our country’s uniform who have made this prospect possible.

Having defended us in time of war, they stand today as guardians of an honorable peace. Honor and gratitude are their due from this generation of Americans and from generations yet unborn.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America and Commander in Chief of the Armed Forces of the United States, do hereby proclaim the third Saturday of each May as Armed Forces Day.

88 Stat. 2461

I direct the Secretary of Defense on behalf of the Army, the Navy, the Air Force, and the Marine Corps, and the Secretary of Transportation on behalf of the Coast Guard, to plan for appropriate observances each year, with the Secretary of Defense responsible for soliciting the participation and cooperation of civil authorities and private citizens.

I invite the Governors of the States, the Commonwealth of Puerto Rico, and other areas subject to the jurisdiction of the United States, to provide for the observance of Armed Forces Day within their jurisdiction each year in an appropriate manner designed to enhance public understanding and appreciation of the Armed Forces of the United States as protectors of freedom at home and abroad.

I call upon my fellow Americans to proudly display the flag of the United States at their homes on Armed Forces Day.

Proclamation No. 3655 of May 7, 1965, is hereby superseded.

36 USC prec. 141 note.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of March, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4277 March 25, 1974 Loyalty Day, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4277 · March 25, 1974
Loyalty Day, 1974 By the President of the United States of America A Proclamation

Loyalty has never been a word of easy definition because loyalty is a state of mind, a condition of the heart. Loyalty is something we feel in our deepest convictions. It is not a banner to be waved so much as a quality to be demonstrated by our deeds.

Just as healthy differences exist in the ways that Americans seek progress for our Nation, loyalty to our Nation means different things to different people. But regardless of how it is manifested, a common strain runs through our loyalty and has made it a distinctly profound part of our national heritage.

88 Stat. 2462

Loyalty includes a sense of deep patriotism. It is patriotism which calls upon all of us to make personal sacrifices when our Nation is challenged from within or without.

Loyalty means allegiance to the country which has maintained our liberties, blessed us with an abundance of material well-being and spiritual freedom, and provided us all with opportunities which no civilization in history has ever before matched.

A little over a year ago as our returning Vietnam prisoners of war gave all Americans a sense of joyous celebration, one of those courageous men came forth holding up a small American flag. His words were simple, but moving: “* * * we never lost faith in the American people, and we knew that these colors wouldn’t run.”

It might not have been a dictionary definition, but those words represent loyalty as well as any free American could ever hope.

36 USC 162.

In recognition of the need to set aside a day to pay tribute to the quality of loyalty, the Congress by a joint resolution of July 18, 1958, designated May 1 of each year as Loyalty Day and requested the President to issue a proclamation inviting the people of the United States to observe such a day with appropriate ceremonies.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do call upon the people of the United States and upon all patriotic, civic and educational organizations to observe Wednesday, May 1, 1974 as Loyalty Day, with appropriate ceremonies in which all may join.

I call also upon appropriate officials of the Government to display the flag of the United States on all Government buildings on that day as an expression of our loyalty to the Nation symbolized by that flag.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of March, in the year of our Lord nineteen hundred seventy-four and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4278 March 25, 1974 World Trade Week, 1974 Digitization Vendor By the President of the United States of America Proclamation 88 Stat. 2463 Proclamation 4278 · March 25, 1974
World Trade Week, 1974 By the President of the United States of America A Proclamation

As we approach the midpoint of the nineteen seventies there are many problems which command the attention of the world’s peoples.

Large and small, nations around the globe seek solutions to unprecedented problems of energy. How we and they react could have a lasting impact on international commercial relations. Moreover, the need for thorough going reform of the international economic system has never been more acute.

The challenges are thus great, but the opportunities are even greater.

To meet those challenges and realize these opportunities, we need to move rapidly and confidently forward with a series of interrelated negotiations, of which those on trade reform are of vital importance.

World trade is important not only to the United States but to all nations. Fair open trade can contribute importantly to stability and harmony in the world, reducing the causes of international friction.

World Trade Week is an opportunity to recall this importance to all Americans and to renew our sense of national dedication to the success of this effort.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim the week beginning May 19, 1974, as World Trade Week, and I call upon all Americans to cooperate in observing that week by participating with the business community and all levels of government in activities that emphasize the importance of world trade to the United States economy and to our relations with other nations.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of March, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4279 March 29, 1974 Modification of Trade Agreement Concessions and Adjustment of Duty on Certain Ball Bearings Digitization Vendor By the President of the United States of America Proclamation 88 Stat. 2464 Proclamation 4279 · March 29, 1974
Modification of Trade Agreement Concessions and Adjustment of Duty on Certain Ball Bearings By the President of the United States of America A Proclamation 1.

USC prec. title 1.

 Whereas, pursuant to the authority vested in him by the Constitution and the statutes, including section 350 of the Tariff Act of 1930, as amended (19 U.S.C. 1351), and section 201 of the Trade Expansion Act of 1962 (19 U.S.C. 1821) (TEA), the President, by proclamations, including Proclamation No. 3822 of December 16, 1967 (82 Stat. 1455), proclaimed such modifications of existing duties as were found to be required or appropriate to carry out certain trade agreements into which he had entered; 2. Whereas among the proclaimed modifications were modifications in the rate of duty on ball bearings which are now provided for in item

19 USC 1202.

680.35 of the Tariff Schedules of the United States (TSUS); 3. Whereas the United States Tariff Commission has submitted to me a report of its Investigation No. TEA–1–27 of July 30, 1973 under section 301(b)(1) of the TEA (19 U.S.C. 1901) and a supplemental report with respect to such investigation pursuant to my request for additional information under section 351(a)(4) of the TEA (19 U.S.C. 1981(a)(4)), on the basis of which investigation and a hearing duly held in connection therewith the said Commission has determined in part that radial ball bearings having an outside diameter of 9 mm and over but not over 100 mm, provided for in TSUS item 680.35 are, as a result in major part of concessions granted thereon under trade agreements, being imported in such increased quantities as to cause serious injury to the domestic industry producing like or directly competitive products; 4. Whereas section 302(a) (1) and section 351(a)(1) of the TEA (19 U.S.C. 1902(a)(1) and 19 U.S.C. 1981(a)(1)) authorize the President, upon receiving an affirmative finding of the Tariff Commission under section 301 (b) of the TEA with respect to an industry, to proclaim such increase in, or imposition of, any duty or other import restriction on the articles causing or threatening to cause serious injury to such industry as he determines to be necessary to prevent or remedy serious injury to such industry; 88 Stat. 2465 5. Whereas section 302(a) (2) and section 302(a) (3), respectively, of the TEA (19 U.S.C. 1902 (a) (2) and 19 U.S.C. 1902(a)(3)) authorize the President, upon receiving an affirmative finding of the Tariff Commission under section 301(b) of the TEA with respect to an industry,

19 USC 1901.

to provide with respect to such industry that its firms may request

19 USC 1911.

the Secretary of Commerce for certifications of eligibility to apply for adjustment assistance under chapter 2 of title III of the TEA (19 U.S.C. Chaper 7, Subchapter III, Part II) and that its workers may request the Secretary of Labor for certifications of eligibility to apply for adjustment assistance under chapter 3 of title III of the TEA (19 U.S.C. Chapter 7, Subchapter III, Part III); and

19 USC 1931.

 6.

Whereas I have determined that the rates of duty hereinafter proclaimed are, when coupled with the adjustment assistance hereinafter provided, necessary to remedy serious injury to the industry producing radial ball bearings.

Now, Therefore, I, Richard Nixon, President of the United States of America, acting under the authority vested in me by the Constitution and the statutes, including sections 302(a) (1), (2), (3), and (4) and 351(a)(1) of the Trade Expansion Act of 1962, and in accordance with

19 USC 1902, 1981.

Article XIX of the General Agreement on Tariffs and Trade (61 Stat, (pt. 5) A58;8UST (pt. 2) 1786), do proclaim that—

 1. The tariff concessions on ball bearings for item 680.35 in Part I of Schedule XX to the Geneva (1967) Protocol to the General Agreement on Tariffs and Trade (19 UST (pt. 2) 1530 et seq.) arc modified in part to conform with the provisions set forth in the annex to this proclamation for such time and to such extent as provided for therein. 2. Subpart A of Part 2 of the Appendix to the Tariff Schedules of the United States is modified by the insertion, in numerical sequence, of

19 USC 1202.

such new items as are set forth in the annex to this proclamation. 3. The modifications in rates of duty established by paragraphs 1 and 2 shall be effective as to articles entered, or withdrawn from warehouse, for consumption during the period commencing May 1, 1974 and terminating at the close of April 30, 1978. 4.

Provision is hereby made with respect to the industry producing radial ball bearings that its firms may request the Secretary of Commerce for certifications of eligibility to apply for adjustment assistance under chapter 2 of tide III of the Trade Expansion Act of 1962 and that its workers may request the Secretary of Labor for certifications of eligibility 88 Stat. 2466to apply for adjustment assistance under chapter 3 of title III of the

19 USC 1931.

Trade Expansion Act of 1962.

In Witness Whereof, I have hereunto set my hand this 29th day of March, in the year of our Lord nineteen hundred seventy-four and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon 88 Stat. 2467

Annex
1 2
Item Articles Effective on or after—
May 1, 1974 May 1, 1976 May 1, 1977
           
  Ball bearings, radial, provided for in item 680.35 of part 4J of schedule 6:        
923.80 Having an outside diameter of 9 mm and over but not over 30 mm and valued not over 60 cents each. 20% ad val 16% ad val 12% ad val No change.
923.82 Having an outside diameter of over 30 mm but not over 52 mm and valued not over 75 cents each. do do do do
923.84 Having an outside diameter of over 52 mm but not over 100 mm and valued not over $1.30 each. 3.4¢ per lb. +15% ad val. 3.4¢ per lb. +15% ad val 2.6¢ per lb. +11% ad val Do
           
4280 April 3, 1974 National Maritime Day, 1974 Digitization Vendor By the President of the United States of America Proclamation 88 Stat. 2468 Proclamation 4280 · April 3, 1974
National Maritime Day, 1974 By the President of the United States of America A Proclamation

Since the beginning of our Nation, maritime enterprise has helped to forge the spirit of America and shape its destiny.

In our early years, our merchant marine was a major force in fostering our economic growth and defending our freedom. Down through the years, the American merchant marine continued to serve our economic aspirations and to assist our military forces in times of emergency.

Today, when the United States is the world leader in trade and military power, the dual roles of our merchant marine remain vital to the national interests.

46 USC 1101 note.

Under the Merchant Marine Act of 1970, new generations of highly advanced and efficient ships arc being introduced into our merchant fleet to reinforce America’s presence in the world’s shipping lanes and to insure that our maritime capacities remain equal to their challenges.

36 USC 145.

To promote public awareness of our maritime heritage, the Congress in 1933 (48 Stat. 73) designated the anniversary of the first transatlantic voyage by a steamship, the SAVANNAH, on May 22, 1819, as National Maritime Day, and requested the President to issue a proclamation annually in observance of that day.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby urge the people of the United States to honor our American merchant marine on May 22, 1974, by displaying the flag of the United States at their homes and other suitable places, and I request that all ships sailing under the American flag dress ship on that day.

IN WITNESS WHEREOF, I have hereunto set my hand this third day of April, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4281 April 3, 1974 Cancer Control Month, 1974 Digitization Vendor By the President of the United States of America Proclamation 88 Stat. 2469 Proclamation 4281 · April 3, 1974
Cancer Control Month, 1974 By the President of the United States of America A Proclamation

Cancer is the second leading cause of death among Americans today. This year, 350,000 Americans will die of it. Striking at young and old, cancer is varied, insidious, and relentless.

In the past, we have learned to cope with and cure other, equally frightening illnesses. With years of research, we has e virtually eliminated such plagues as diphtheria, cholera, smallpox and typhus in America. And we are going to conquer cancer. The struggle will be long, difficult and costly, and the victory may come by inches. But it will come.

Today, medical efforts against cancer, conceived and developed in our great research institutions, are going forward all over America.

The National Cancer Program, authorized by the National Cancer Act of 1971, provides twin ventures in cancer control and cancer research,

42 USC 286a note.

as cancer control efforts translate the results of research into useful tools for the bedside physician and for the community effort in cancer prevention. There must be no slowdown in these efforts.

As a means of giving continued emphasis to the need for a broad, systematic attack on cancer, the Congress, by a joint resolution of March 28, 1938 (52 Stat. 148), requested the President to issue annually

36 USC 150.

a proclamation setting aside the month of April as Cancer Control Month.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim the month of April, 1974, as Cancer Control Month, and I invite the Governors of the States and the Commonwealth of Puerto Rico, and the appropriate officials of all other areas under the United States flag to issue similar proclamations.

To give new emphasis to this serious problem, and to encourage the determination of the American people to meet it, I also ask the medical and health professions, the communications industries, and all other interested persons and groups to unite during this appointed time in public reaffirmation of our Nation’s strong commitment to control cancer.

88 Stat. 2470

IN WITNESS WHEREOF, I have hereunto set my hand this third day of April, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon April 3, 1974
4282 April 3, 1974 25th Anniversary of NATO Digitization Vendor By the President of the United States of America Proclamation Proclamation 4282 · April 3, 1974
25th Anniversary of NATO By the President of the United States of America A Proclamation

A quarter-century ago, on April 4, 1949, in Washington, twelve nations, united in a determination to preserve their freedoms, integrity, and

63 Stat. 2241.

common heritage, signed the North Atlantic Treaty. In succeeding years Greece, Turkey, and the Federal Republic of Germany became parties to that accord and members of the North Atlantic Treaty Organization— which was established to fulfill the Treaty’s commitment to a joint defense.

In those early years the military threat to the West was clear. Today, while collective defense remains the first task of the alliance, opportunities have arisen—resulting from more than two decades of Western cohesion—which have allowed the allies to engage in a broad new enterprise aimed at reducing tensions between East and West.

The Atlantic alliance remains the cornerstone of United States foreign policy. In addition to advancing the cause of peace, members can enlarge the purposes of our historic alliance by reinvigorating our association to meet the interrelated security, political, economic, and environmental problems that confront us in the complex world of this decade and beyond. Understanding, cooperation, and consultation must be the hallmark of our ongoing relationship. The achievements of the past must not be sacrificed to the pursuit of national interests narrowly conceived. I rededicate the United States today to that course, for it is only in this way that the Alantic nations can truly serve the cause of peace and prosperity for succeeding generations.

88 Stat. 2471

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby direct the attention of the Nation to this the twenty-fifth anniversary of the signing of the North Atlantic Treaty; and I call upon all agencies and officials of the Federal Government, upon the Governors

63 Stat. 2241.

of the States, and upon the officers of local governments to encourage and facilitate the suitable observance of this event throughout this 25th anniversary year with particular attention to April, the month which marks the historic signing of the treaty.

I also urge all citizens to participate in appropriate activities and ceremonies in recognition of the achievement of the North Atlantic Treaty Organization and its contribution to America’s security and well-being.

IN WITNESS WHEREOF, I have hereunto set my hand this third day of April, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4283 April 4, 1974 Small Business Week, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4283 · April 4, 1974
Small Business Week, 1974 By the President of the United States of America A Proclamation

The history of America is in large measure the history of independent enterprise. From the earliest days of our history, the trader and the merchant, pushing westward, laid the foundations for what has become the world’s greatest economic achievement. “What most astonishes me,” wrote de Tocqueville of our young Nation in the 1830’s “is not so much the marvelous grandeur of some undertaking as the innumerable multitude of small ones.”

It is upon the foundation established by those small undertakings that the most dynamic society known to man has been built. And today America’s small businesses continue to thrive.

Nineteen out of every twenty firms are considered small business. They provide approximately 35 million jobs and contribute more than $476 billion annually to the gross national product.

88 Stat. 2472

The pioneering spirit that underlies our success as a Nation will continue to flourish for as long as the small businessman remains the mainstay of our economy and our society.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby designate the week beginning May 19, 1974, as Small Business Week. I ask all Americans to share with me during this week a deep pride in the many accomplishments of our Nation’s small businessmen and women, and in the invaluable contribution they have made to our free way of life.

IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of April, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4284 April 13, 1974 Pan American Day and Pan American Week Digitization Vendor By the President of the United States of America Proclamation Proclamation 4284 · April 13, 1974
Pan American Day and Pan American Week By the President of the United States of America A Proclamation

On April 14, the United States will join in commemorating the establishment of the International Union of American Republics. The 84th anniversary of that event finds the United States and other members

2 UST 2394; 21 UST 607.

of the Organization of American States, the descendant of the International Union of American Republics, actively working together to fashion the Inter-American System into a constructive, cooperative force which will bring mutual understanding and mutual assistance.

We are moving toward this goal despite the diversity of our cultural heritages and national characteristics and despite tensions and differences which have occurred from time to time. We do this, knowing, as a former Secretary of State of the United States, Elihu Root, once said:

“There is not one of all our countries that cannot benefit the others; there is not one that will not gain by the prosperity, the peace and the happiness of all.”

88 Stat. 2473

The Americas of today are joined in the common effort to bring about progress and well-being for all so that those who follow us will enjoy the fruits of a new inter-American order based on justice, security, and peace.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim Sunday, April 14, 1974, as Pan American Day, and the week beginning April 14 and ending April 20 as Pan American Week, and I call upon the Governors of the fifty States, the Governor of the Commonwealth of Puerto Rico, and appropriate officials of all other areas under the flag of the United States to issue similar proclamations.

IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of April, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4285 April 16, 1974 Mother’s Day, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4285 · April 16, 1974
Mother’s Day, 1974 By the President of the United States of America A Proclamation

Over three million children were born in the United States last year, and the job of guiding them to maturity will be carried out primarily by their mothers. There is no undertaking more challenging, no responsibility more awesome.

In addition to carrying out their family responsibilities, mothers are today, as never before, moving into other highly skilled jobs and careers. Barriers against equal opportunity for women have been disappearing rapidly, but we must remain diligent in our effort to remove them.

I am particularly pleased that this year we can celebrate Mother’s Day in a world in which America is at peace, a world in which no American mother need fear for the well-being of a husband or son in a far-off land.

The Congress, by a joint resolution of May 8, 1914 (38 Stat. 770),

36 USC 142.

designated the second Sunday of May each year as the day on which we 88 Stat. 2474honor all mothers for their countless contributions to their families, to their communities and to their Nation.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby request that Sunday, May 12, 1974, be observed as Mother’s Day. I direct Government officials to display the flag of the United States on all Government buildings, and I urge all citizens to display the flag at their homes and other suitable places on that day.

IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of April, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4286 April 19, 1974 National Coin Week 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4286 · April 19, 1974
National Coin Week 1974 By the President of the United States of America A Proclamation

Since the beginning of history, coins have helped to tell the story of civilization. They frequently reflect the economic development of their country of origin as well as the scientific advancement and artistic values of the people who produce and use them. Today, more than ten million Americans collect coins both for pleasure and for profit.

In honor of our Bicentennial year, we are changing the designs on the backs of three United States coins. The new designs were selected through competition among the Nation’s sculptors and will appear on the backs of the dollar, half dollar, and quarter. The double date 1776–1976 will appear on the front of the three coins.

When in circulation, these Bicentennial coins will reach every citizen and serve as reminders of our rich national heritage and continuing dedication to freedom and self-government.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, in recognition of this worthwhile hobby and 88 Stat. 2475of the significance of coins in marking the Bicentennial, do hereby designate the week beginning .April 21, 1974, as National Coin Week.

Observance of National Coin Week will give us all an opportunity to reflect upon the designs, mottos, and symbols that appear on our coins. The word “Liberty” has been inscribed on our coins since 1792 as provided by the act directing our fledgling Nation to produce its own coins. Then, as now, the inscription serves as a constant reminder of our most precious national possession, won for us all in the American Revolution.

IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of April, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4287 April 20, 1974 Earth Week, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4287 · April 20, 1974
Earth Week, 1974 By the President of the United States of America A Proclamation

To love America is not to care only for her freedoms, her promise, her institutions through which our great people strive for larger greatness. It is also to love the land and to cherish that which has sustained our people both in body and spirit from our earliest days on this vast continent.

In recent times we have understood that however rich and beautiful, our land is finite and that our waters and air must be used as any other resource with care and respect for their value. The celebration of Earth Day in 1970 was the first national acknowledgement of this understanding, and in the succeeding four years we have done much to insure that America the beautiful—the heritage of our generation—will be preserved and passed on as a legacy to generations yet unborn.

But for all that we have done, much remains to be done. We must constantly rededicate ourselves to the great task of preserving our environ-88 Stat. 2476ment. Earth Week, 1974, gives us the opportunity to devote special attention to this purpose.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby designate the week beginning April 21, 1974, as Earth Week, 1974. I call upon Federal, State, and local officials to foster the purposes of Earth Week and to arrange for its proper observance. I ask that special attention be given to personal voluntary activities and educational efforts directed toward protecting and enhancing our lifegiving environment.

IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of April in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4288 April 20, 1974 National Volunteer Week, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4288 · April 20, 1974
National Volunteer Week, 1974 By the President of the United States of America A Proclamation

The spirit of voluntarism, one of the hallmarks of American life, has rarely been stronger than it is today. It has been estimated that one out of every five Americans is contributing time and talent in some kind of voluntary service. American volunteers are improving the quality of life in remote villages and in urban slums in the United States and working to improve the quality of life for others in distant corners of the world. These efforts most frequently touch the lives of the poor, the young, the aged and the sick, but in the process the lives of all men and women are made richer.

There are abundant opportunities for every concerned American to reap the rewards that come from helping others. More than 90,000 are serving in programs sponsored by ACTION, the Federal agency for volunteer service. Others are helping to organize volunteer efforts with the help of the National Center for Voluntary Action. We must continue 88 Stat. 2477to support these vital activities, and we must work to extend and enhance the valuable and satisfying services of our volunteers.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby designate the calendar week beginning April 21, 1974, as National Volunteer Week.

I urge all Americans to observe that week by seeking out an area in their community in which they can give to a needy individual or a worthy cause by devoting a few hours, or more, each week to volunteer service.

I call upon all communities throughout the United States to recognize volunteers by observing the week with special ceremonies to honor those who have given countless hours for the betterment of our communities and the American way of life.

IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of April, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4289 April 30, 1974 Law Day, U.S.A., 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4289 · April 30, 1974
Law Day, U.S.A., 1974 By the President of the United States of America A Proclamation

America’s greatest gift to world history and its own people is a system of government which has permitted human freedom to flourish for nearly two hundred years.

The pillars of that freedom are the Constitution and our laws. Though established by human beings and administered by human beings, the law has force beyond the wish or the will of any single person or single group of persons.

Our freedoms survive because no man or woman is beneath the protections of the law. And the law retains its value and force because every person knows that no man or woman is above the requirements of the law.

88 Stat. 2478

It is fitting that each year we observe a day in which we reaffirm our devotion and respect for the institution of law, without which other human institutions would fall.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby request the observance of Wednesday, May 1, 1974, as Law Day in the United States of America.

As requested by the Congress (75 Stat. 43; 36 U.S.C. 164), I urge that our people observe Law Day with appropriate public ceremonies, through public bodies and private organizations, in schools, colleges and universities, and in other suitable places. I especially request that the courts, the legal profession, and all media of public information take the lead in such observance so that public understanding of the role of the courts in our society can be broadened. I call upon public officials to display the Nation’s flag on public buildings on that day.

IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred and ninety-eighth.

Richard Nixon
4290 May 1, 1974 National Arthritis Month, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4290 · May 1, 1974
National Arthritis Month, 1974 By the President of the United States of America A Proclamation

Arthritis and the rheumatic diseases are the Nation’s number one crippling disorders, affecting 20 million Americans of all ages, causing them great suffering and limiting their activities. Arthritic disorders arc second only to heart disease as the most widespread chronic illness in the United States today.

This disease cripples people not only physically, bringing them untold pain and anguish, but also financially. The total cost of arthritis to America in terms of medical costs and lost production is estimated in the billions of dollars.

Each year, as medical science advances through publicly and privately supported medical research and education, thousands of people receive 88 Stat. 2479improved treatment and live more comfortable, more productive, and more satisfying lives. Yet, despite research efforts, this dreadful disease continues to be a major threat to human well-being. America must do more to treat and eliminate the curse of arthritis.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim the month of May, 1974, as National Arthritis Month. I invite the Governors of the States, the Commonwealth of Puerto Rico, and officials of other areas subject to the jurisdiction of the United States to issue similar proclamations.

I urge the people of the United States and educational, philanthropic, scientific, medical, and health care organizations and professionals to provide the necessary assistance and resources to discover the cause and cure of arthritis and rheumatic diseases and to alleviate the suffering of persons struck by these disorders.

IN WITNESS WHEREOF, I have hereunto set my hand this first day of May, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4291 May 1, 1974 Older Americans Month, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4291 · May 1, 1974
Older Americans Month, 1974 By the President of the United States of America A Proclamation

America possesses no greater natural resource than the collective wisdom and experience of its older citizens.

The first White House Conference on Aging, held in January of 1961, resulted in a Senior Citizen’s Charter on the rights and obligations of older persons and represented an important first step toward giving proper recognition to our older citizens. The second White House Conference on Aging, which was held in December of 1971, broadened that recognition and deepened our national commitment to the welfare of the elderly.

88 Stat. 2480

The eve of our Nation’s Bicentennial seems a most fitting moment for considering the development of a new Declaration of Rights and Obligations of Older Persons. Consideration of that new declaration should begin immediately at the community level so that it may be proclaimed at the State and national levels as part of our Bicentennial celebration.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby designate the month of May 1974, as Older Americans Month, and urge all who participate in State and community programs in observance of this month to call attention to the 1961 Senior Citizen’s Charter and to undertake consideration of ways and means of achieving the goal of proclaiming a new Declaration of Rights and Obligations for Older Persons which can become a rallying point for our Nation during the Bicentennial year of 1976.

IN WITNESS WHEREOF, I have hereunto set my hand this first day of May, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4292 May 11, 1974 National Defense Transportation Day and National Transportation Week, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4292 · May 11, 1974
National Defense Transportation Day and National Transportation Week, 1974 By the President of the United States of America A Proclamation

The phenomenal growth of America in just two hundred short years has been directly related to the growth of our national system of transportation. Today we have the largest and most diverse transportation system in the world, and the men and women who make that system work contribute nearly twenty percent to our Nation’s gross national product.

As our society continues to grow, we must ensure that the effectiveness of our transportation system keeps pace with the changing demands placed on it. Both the Federal Government and the private sector have a role to play in ensuring that effectiveness.

88 Stat. 2481

During the recent energy crisis, we became more aware than ever of the central, critical role our transportation system plays in meeting our social and economic needs through the efficient movement of people and goods. The quality of our life and the health of our economy require that our transportation system remain robust.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby designate Friday, May 17, 1974, as National Defense Transportation Day, and the week beginning May 12, 1974, as National Transportation Week.

I urge the participation of Governors and other elected officials as well as the people of America to join with the Department of Transportation in observing this week as further proof of our efforts to give the Nation balanced and energy-efficient transportation.

IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of May, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4293 May 11, 1974 Legal Rights for Retarded Citizens Week, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4293 · May 11, 1974
Legal Rights for Retarded Citizens Week, 1974 By the President of the United States of America A Proclamation

America’s more than six million mentally retarded citizens face many hardships in their daily lives. Too frequently, they arc even denied basic legal rights without having the means or the knowledge to protect themselves.

Retarded children, for instance, are too often deprived of the opportunities open to other children, and many mentally retarded adults are denied a free choice of a place to live.

Too many of the mentally retarded who, with proper training and encouragement, could lead healthy, productive lives in the outside world are needlessly institutionalized. Many are the victims of direct and indirect discrimination in their everyday lives.

88 Stat. 2482

NOW, THEREFORE, I, RICHARD NIXON, President of the United States, do hereby proclaim the week beginning May 12, 1974 as “Legal Rights for Retarded Citizens Week”, and call upon all Americans to make an added effort to accord full legal rights and individual respect and dignity to all retarded Americans not only this week, but every week of the year.

IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of May, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4294 May 25, 1974 Prayer for Peace Memorial Day, May 27, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4294 · May 25, 1974
Prayer for Peace Memorial Day, May 27, 1974 By the President of the United States of America A Proclamation

The defense of freedom and the search for peace cannot be separated. Together, they are an essential part of the American ideal. During the past two hundred years, our Nation has endured sacrifice in battle for the sake of this ideal. Americans died valiantly at Saratoga, King’s Mountain, and Yorktown because they would not buy peace at the price of liberty. Americans died at Shiloh, Antietam, Gettysburg, and Vicksburg because a peace that cost the division of the Nation and the enslavement of a people could not be accepted.

We have occasion to show special gratitude this Memorial Day to those who fell in the cause of freedom in the longest and perhaps the most difficult war in our history. Because of their efforts, and the efforts of all our fighting forces, we can celebrate a year in which no American serviceman has fallen in the defense of his country.

During the past year, we have made progress toward the creation of a stable world order based on respect for the dignity and the larger interests of all nations. We have made this progress in part because America has pursued its tasks from a base of strength—not only military and economic strength, but strength of conviction and strength of pur-88 Stat. 2483pose. We have been steadied in our resolve by the example of patience, self-sacrifice, and courage of our servicemen and women during the difficult years now past.

To our valiant dead we can pay no greater tribute than to emulate their dedication to a world free from the threat of force and the rule of fear. To them we dedicate our prayers for a new generation of peace and a new spirit of community among all the peoples of the world.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby designate Memorial Day, Monday, May 27, 1974, as a day of prayer for permanent peace, and I designate the hour beginning in each locality at eleven o’clock in the morning of that day as a time to unite in prayer.

I urge the press, radio, television, and all other information media to cooperate in this observance.

I direct that the flag of the United States be flown at half-staff all day on Memorial Day on all buildings, grounds, and naval vessels of the Federal Government throughout the United States and all areas under its jurisdiction and control.

I also call upon the Governors of the fifty States, the Governor of the Commonwealth of Puerto Rico, and appropriate officials of all local units of government to direct that the flag be flown at half-staff on all public buildings during that entire day, and I request the people of the United States to display the flag at half-staff from their homes for the same period.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of May, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4295 May 31, 1974 Flag Day and National Flag Week, 1974 Digitization Vendor By the President of the United States of America Proclamation 88 Stat. 2484 Proclamation 4295 · May 31, 1974
Flag Day and National Flag Week, 1974 By the President of the United States of America A Proclamation

The Continental Congress met in Philadelphia on June 14, 1777, and its journal for that date, now in the National Archives, shows that its members primarily concerned themselves with routine matters. But two resolutions approved on that day were to be of great moment.

The first: “Resolved, that Captain John Paul Jones be appointed to command the said ship Ranger.” It was an appointment that made naval history.

The second: “Resolved, that the flag of the thirteen United States be thirteen stripes, alternate red and white: that the union be thirteen stars, white in a blue field, representing a new constellation.” This short and unadorned declaration gave birth to our flag.

The outcome of the Revolutionary War remained in doubt on that Saturday in June 197 years ago. But the simple words that created our national standard epitomized the sense of purposeful determination of the people of this land to live together in independence.

We won our independence and an enduring Union was forged. The flag that had been adopted in those uncertain days flew over a new nation. With the addition of stars, it remains our flag today and symbolizes our commitment, as a people, to freedom, equality, and independence.

To commemorate the adoption of our flag, the Congress, by a joint

36 USC 157.

resolution of August 3, 1949 (63 Stat. 492), designated June 14 of each year as Flag Day and requested the President to issue annually a proclamation calling for its observance. The Congress also requested the

36 USC 157a.

 President, by joint resolution of June 9, 1966 (80 Stat. 194), to issue annually a proclamation designating the week in which June 14 occurs as National Flag Week and to call upon all citizens of the United States to display the flag of the United States on those days.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby designate the week beginning June 9, 1974, as National Flag Week, and I direct the appropriate officials of the Government to display the flag on all Government buildings88 Stat. 2485 during that week. I urge all Americans to observe Flag Day, June 14, and Flag Week by flying the Stars and Stripes from their homes and other suitable places.

IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of May, in the year of our Lord nineteen hundred and seventy-four, and of the independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4296 June 4, 1974 World Environment Day, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4296 · June 4, 1974
World Environment Day, 1974 By the President of the United States of America A Proclamation

On May 4, 1974, I had the pleasure of helping to inaugurate EXPO 74, a six-month long exhibition in Spokane, Washington, dedicated to the improvement of the human environment. This exposition is one of many examples of a deepening concern for the quality of life in America.

While much remains to be done, all Americans can be gratified by the substantial success which has already occurred with respect to a number of environmental concerns. Air quality is improving in most of our urban areas as harmful emissions have been reduced. Water quality is similarly improving. In the Great Lakes game fish are returning to areas from which they had long been absent, due in large measure to the cooperative work which we have undertaken with our Canadian neighbors under the terms of an agreement which I signed with Prime Minister Trudeau of Canada on April 15, 1972, in Ottawa. We arc working with other nations

23 UST 301.

to deal effectively with a variety of environmental problems, and there will be continued progress.

June 5 will mark the second anniversary of World Environment Day. This date was established by the United Nations as a day on which the peoples of the world can undertake activities reaffirming their concern for the preservation and enhancement of the human environment.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do, in support of the action of the United88 Stat. 2486 Nations General Assembly, call on the people of the United States and United States Government agencies to observe once again June 5 as World Environment Day with appropriate ceremonies and activities emphasizing the concern of Americans for a better environment in which to live.

IN WITNESS WHEREOF, I hereunto set my hand this fourth day of June in the year of our Lord nineteen hundred seventy-four, and of the independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4297 June 7, 1974 Father’s Day, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4297 · June 7, 1974
Father’s Day, 1974 By the President of the United States of America A Proclamation

For many Americans, Father’s Day is best celebrated by showering the male head of the household with carefully chosen gifts.

These gifts are symbolic, of course, of the year-round love and gratitude which children feel for both of their parents. From their fathers frequently come the strength and stability which children of all ages need in order to grow up to be constructive, confident men and women. Fathers offer guiding hands for children to pass successfully through the difficulties and awkwardness of youth. And fathers bring harmony and balance to life in the home.

Nineteen seventy-four is an especially poignant time to celebrate Father’s Day, since this year no young American soldiers are being sent to fight anywhere in the world. A nation at peace: this is the legacy that all fathers want to leave their children and is ultimately the greatest gift of all on Father’s Day.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, in accordance with a joint resolution of Congress

36 USC 142a.

approved April 24, 1972, do hereby request that June 16, 1974 be observed as Father’s Day. I direct Government officials to display the flag of the United States on all Government buildings, and I urge all citizens to display the flag at their homes and other suitable places on that day.

88 Stat. 2487

IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of June, in the year of our Lord nineteen hundred seventy-four, and of the independence of the United States of America the one hundred ninety-eighth.

Richard Nixon
4298 June 25, 1974 Proclamation Modifying Part 3 of the Appendix to the Tariff Schedules of the United States With Respect to the Importation of Agricultural Commodities Digitization Vendor By the President of the United States of America Proclamation Proclamation 4298 · June 25, 1974
Proclamation Modifying Part 3 of the Appendix to the Tariff Schedules of the United States With Respect to the Importation of Agricultural Commodities By the President of the United States of America A Proclamation WHEREAS, pursuant to section 22 of the Agricultural Adjustment Act, its amended (7 U.S.C. 624), limitations have been imposed by Presidential proclamations on the quantities of wheat and milled wheat products which may be imported into the United States in any quota year; and WHEREAS the import restrictions proclaimed pursuant to section 22 are set forth in part 3 of the Appendix to the Tariff Schedules of the United States; and

19 USC 1202.

 WHEREAS, at my request, the United States Tariff Commission has made an investigation under the authority of subsection (d) of section 22 of the Agricultural Adjustment Act to determine whether the import quotas on wheat and milled wheat products provided for in item 950.60 of part 3 of the Appendix to the Tariff Schedules of the United States (TSUS) may be suspended without rendering or tending to render ineffective, or materially interfering with, the loan and payment programs now conducted by the Department of Agriculture for wheat or reducing substantially the amount of products processed in the United States from domestic wheat; and WHEREAS the United States Tariff Commission submitted an interim report to me with respect to this matter and on the basis of such investigation and report, pursuant to section 22, the quantitative limitations for the articles provided for in TSUS item 950.60 were88 Stat. 2488 suspended during the period beginning January 26, 1974, and ending June 30, 1974; and WHEREAS the United States Tariff Commission has submitted a further report to me with respect to this matter; and WHEREAS, on the basis of such investigation and further report, I find and declare that the entry of additional quantities of wheat and milled wheat products resulting from the suspension of the quantitative

19 USC 1202.

 limitations provided for in item 950.60 of the TSUS will not render or tend to render ineffective, or materially interfere with, the loan and payment programs now being conducted by the Department of Agriculture for wheat and will not reduce substantially the amount of products processed in the United States from domestic wheat, that the circumstances which required the imposition of such quantitative limitations on wheat and milled wheat products no longer exist, and that such quantitative limitations should be suspended:

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, acting under and by virtue of the authority vested in me as President, and in conformity with the provisions of

7 USC 624.

section 22 of the Agricultural Adjustment Act, as amended, and the

19 USC prec. 1202 note.

19 USC 1202.

 Tariff Classification Act of 1962, do hereby proclaim that headnote 3 of part 3 of the Appendix to the Tariff Schedules of the United States is amended by adding at the end thereof a new paragraph (c) as follows:

“(c) Suspension. Notwithstanding any other provision of this part, the quantitative limitations for the articles provided for in item 950.60 are suspended beginning January 26, 1974.”

I further proclaim that subdivision (ix) of paragraph (a) of said headnote

Ante, p. 2441.

3 is superseded.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of June, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred and ninety-eighth.

Richard Nixon
4299 July 9, 1974 World Population Year, 1974 Digitization Vendor By the President of the United States of America Proclamation 88 Stat. 2489 Proclamation 4299 · July 9, 1974
World Population Year, 1974 By the President of the United States of America A Proclamation

One of the most pressing challenges in the last third of the twentieth century is to find ways of meeting the basic needs of the world’s burgeoning population.

The causes of population growth are well known: death rates have been cut dramatically by welcome advances in medical science and health services while birth rates have not declined. As a result, according to estimates by the United Nations, some 80 million people will be added to the world’s population this year and, if current trends continue, the world’s total population of more than 3.8 billion could double by the first decade of the twenty-first century.

While the causes are clear, the solutions are not. Many tough choices will have to be made. The United States has no interest in imposing solutions upon other countries, but it does seek to help in a way which maintains our traditional respect for human freedom and dignity. The concern of all nations should remain with the human and physical environment of all of our fellow men and in seeking together ways in which mankind can discover new paths to partnership and progress.

As many of the developing countries have already discovered, it is urgent that acceptable solutions be found to this challenge. The United Nations has designated 1974 as World Population Year, and has called upon all governments and peoples to participate in its observance. In August of this year, the United Nations will convene a World Population Conference in Bucharest, Romania. The United States Government welcomes the declaration of World Population Year as an historic opportunity for all nations to study their own and world patterns of population growth and distribution.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby designate and proclaim the year 1974 as World Population Year in the United States. I call upon the Congress and officials of our Federal, State and local governments, educational institutions, religious bodies, private organizations, the information media, and the people of the United States generally to join this88 Stat. 2490 year in promoting a better understanding of the magnitude and consequences of world population growth and its relation to the quality of human life and in renewing our commitment to human dignity and social justice.

IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of July, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Richard Nixon
4300 July 9, 1974 United Nations Day, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4300 · July 9, 1974
United Nations Day, 1974 By the President of the United States of America A Proclamation

Americans are increasingly aware of the interdependence of all nations, large and small. We, our allies, and our adversaries are increasingly aware that many of the problems which affect us mutually can only be solved within a global context. It is with this fact in mind that we observe United Nations Day on October 24, 1974. The relevance and promise of this forum have been demonstrated repeatedly during the past year. True to its Charter, the United Nations has made historic contributions to the peace of the world.

We are all grateful to the Secretary General of the United Nations, to the Security Council, and to the United Nations Emergency Force for their part in halting the fighting in the Middle East, hopefully opening the way for a lasting settlement there.

We are grateful, too, for the United Nations’ initiatives in fostering global economic and social progress. In the wake of the world energy crisis, the General Assembly and other United Nations bodies have turned their attentions to the problems of raw materials and development. The pioneering Law of the Sea Conference, in which all nations are represented, has convened to address the complex questions of regulating human activities on the high seas and protecting the marine environment. The United Nations is preparing now for Conferences later this year on World Food and on World Population. Both will address basic problems affecting the very quality of life on this planet.

By these endeavors, the United Nations manifests vividly its unique role as the one international instrument of action to which virtually all88 Stat. 2491 nations subscribe. For this role, for past accomplishments, and as a standard bearer for future world peace and prosperity, the United Nations deserves the appreciative recognition and continuing support of all Americans.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby designate Thursday, October 24, 1974, as United Nations Day. I urge the citizens of this Nation to observe that day with community programs that will promote understanding of and support for the United Nations and its affiliated agencies.

I have appointed Frank Cary to be United States National Chairman for United Nations Day and, through him, I call upon State and local officials to encourage citizens’ groups and all agencies of communication to engage in appropriate observances of United Nations Day in cooperation with the United Nations Association of the United States of America and other interested organizations.

IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of July, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred and ninety-ninth.

Richard Nixon
4301 July 9, 1974 White Cane Safety Day, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4301 · July 9, 1974
White Cane Safety Day, 1974 By the President of the United States of America A Proclamation

More than a million Americans have severe visual disabilities. A few years ago most of these individuals would have been condemned to a life of dependence upon others. But a simple device—a White Cane— has given most of them mobility and with it, independence.

If those blessed with the gift of good eyesight do their part, those who are denied this blessing may still enjoy the independence they must have to work and support themselves and, not infrequently, their families. They can enjoy the independence they need to be fulltime partners in the life, liberty, and the pursuit of happiness which more fortunate Americans enjoy.

We should be constantly aware of the significance of the White Cane and, without hesitation, extend every courtesy to those who carry it. In88 Stat. 2492 this way we can respect the privacy and independence of our visually disabled while, at the same time, assuring that we do nothing to hinder their ability to shape and pursue a productive and fulfilling life.

In recognition of the significance of the White Cane, the Congress,

36 USC 169d.

by a joint resolution of October 6, 1964 (78 Stat. 1003), authorized the President to proclaim October 15 of each year as White Cane Safety Day.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim October 15, 1974, as White Cane Safety Day.

I urge all Americans to mark this occasion by giving greater consideration to the special needs of the visually handicapped, and particularly by learning to heed the White Cane in order that our visually handicapped may use our streets and public facilities with maximum safety.

IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of July, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Richard Nixon
4302 July 12, 1974 Captive Nations Week, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4302 · July 12, 1974
Captive Nations Week, 1974 By the President of the United States of America A Proclamation

Consistent with the principles upon which this Nation was founded, we believe that democratic liberties are among the basic human rights to which all men are entitled. We do not seek to impose our beliefs upon others, but we do not hide our sympathies towards the desires of those who, like us, cherish liberty and self-determination. In support of this sentiment, the Eighty-Sixth Congress on July 17, 1959, by a joint resolution,

73 Stat. 212.

authorized and requested the President to proclaim the third week in July in each year as Captive Nations Week.

88 Stat. 2493

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby designate the week beginning July 14, 1974, as Captive Nations Week.

I call upon the people of the United States to observe this week with appropriate ceremonies and activities, and I urge rededication to the cherished ideal of freedom for all.

IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of July, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Richard Nixon
4303 July 13, 1974 United States Space Week, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4303 · July 13, 1974
United States Space Week, 1974 By the President of the United States of America A Proclamation

Just five years ago, two .Americans thrilled the world when they took man’s first steps on the moon.

The heavens have intrigued and mystified man for all of recorded history. In that single journey five years ago, man’s knowledge of our universe, diligently gathered over the centuries, resulted in a spectacular leap away from the earth.

That leap was more than a tribute to man: it was also a tribute to America, for it would never have been possible without a concerted, cooperative effort joining Government, industry and science. Organized and led by the National Aeronautics and Space Administration and supported by our citizens, the Apollo program showed what America can do when our people agree to a goal and follow through to achieve it.

The knowledge to be gained from space will lead to scientific, technological, medical and industrial advances which cannot be fully perceived today. In time man may take for granted in the heavens such wonders as we cannot imagine—just as superhighways across America would amaze the Puritans of 1620 or transatlantic flights would astound88 Stat. 2494 those who passed on the legend of Icarus. But we know that a beginning has been made that will affect the course of human life forever.

It is entirely fitting that we should commemorate the beginnings of man’s journey into his universe on the anniversary of that first landing on the moon by the men of Apollo 11.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim the period July 16 through July 24, 1974, as United States Space Week and urge the people of the Nation to mark this period in ways that express their pride in the leading role our Nation has played in the exploration and use of space which can contribute so greatly to a better land and a better world.

IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of July, in the year of our Lord nineteeen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Richard Nixon
4304 July 16, 1974 Termination, in Part, of the Suspension of Benefits of Trade Agreement Concessions and Adjustment of Duty on Certain Brandy Digitization Vendor By the President of the United States of America Proclamation Proclamation 4304 · July 16, 1974
Termination, in Part, of the Suspension of Benefits of Trade Agreement Concessions and Adjustment of Duty on Certain Brandy By the President of the United States of America A Proclamation 1. WHEREAS, pursuant to the authority vested in him by the Constitution and the statutes of the United States of America, including sections 252(c) of the Trade Expansion Act of 1962 (19 U.S.C. 1882(c)) and section 350(a)(6) of the Tariff Act of 1930, as amended ( 19 U.S.C. 1351(a)(6)), the President, in response to certain unreasonable import restrictions on poultry from the United States maintained by the European Economic Community (the EEC), suspended, by

77 Stat. 1035.

 Proclamation No. 3564 of December 4, 1963, the application of the benefits of certain trade agreement concessions; 2. WHEREAS, the President has determined that it is in the interest of the United States to restore, in part, the application of the benefits of trade agreement concessions suspended by Proclamation No. 356488 Stat. 2495 in order to encourage the resolution of outstanding trade disputes between the United States and the EEC, including the removal of unreasonable import restrictions on poultry from the United States maintained by the EEC; 3. WHEREAS, section 255(b) of the Trade Expansion Act of 1962

19 USC 1885.

 and section 350(a)(6) of the Tariff Act of 1930, as amended, authorize

19 USC 1351.

 the termination, in whole or in part, of a proclamation issued pursuant .Jo title II of the Trade Expansion Act of 1962 and section 350 of the

19 USC 1821.

 Tariff Act of 1930, as amended, respectively.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, acting under the authority vested in me by the Constitution and the statutes of the United States of America, including section 255(b) of the Trade Expansion Act of 1962 and section 350 of the Tariff Act of 1930, as amended, in order to restore the application of the benefits of trade agreement concessions on certain brandy valued over $9 per gallon, suspended by Proclamation 3564 of December 4, 1963, do hereby proclaim—

77 Stat. 1035.

(1) the termination of such part of Proclamation 3564 of December 4, 1963 as proclaims a rate of duty inconsistent with that provided for in the amendment made by paragraph (2) of this proclamation; and (2) the amendment of subpart B of part 2 of the Appendix to the Tariff Schedules of the United States to read as follows:

19 USC 1202.
    Rates of Duty
Item Article 1 2
945.16 Brandy valued over $17.00 per gallon provided for in items 168.20 and 168.22 $5 per gal No change.

The rates provided for in the amendment made by paragraph (2) of this proclamation shall be effective as to all articles entered, or withdrawn from warehouse, for consumption on and after July 1, 1974.

IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of July, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Richard Nixon
4305 July 31, 1974 National Forest Products Week, 1974 Digitization Vendor By the President of the United States of America Proclamation 88 Stat. 2496 Proclamation 4305 · July 31, 1974
National Forest Products Week, 1974 By the President of the United States of America A Proclamation

During the decades ahead, as our population continues to grow and we continue to maintain our high standard of living, demands for wood products will increase dramatically.

We can meet those demands. In contrast to the specter of shrinking energy and mineral resources, supplies of timber can be increased. It takes millions of years for the earth to create just one drop of oil or an ounce of metal ore. But foresters can plant seedlings today that will grow into harvestable trees in 10 to 40 years.

Timber is one of the few renewable resources, with the added advantages of being disposable, recyclable, inexpensive, durable, and plentiful. Under intensive management, our forests can produce more than twice the volume of timber being grown today.

Improving our knowledge of the growth, harvesting, and use of wood will require the continued cooperation of Federal and State forestry programs, the forest products industry, private forest landowners, and all who care about the conservation and prudent use of our forest resources. I am confident that as a result of this cooperative effort, wood and forest products will remain readily available at reasonable cost to the American public.

In order to give further recognition and emphasis to the importance of forest resources and forest products to the Nation, the Congress has

36 USC 163.

by a joint resolution of September 13, 1960 (74 Stat. 898) designated the seven-day period beginning on the third Sunday of October in each year as National Forest Products Week, and has requested the President to issue an annual proclamation calling for the observance of that week.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby call upon the people of the United States to observe the week beginning October 20, 1974, as National Forest Products Week, with activities and ceremonies designed to direct public attention toward and demonstrate our gratitude for the forest resources with which we have been so abundantly blessed and for their contributions to our material, emotional, and spiritual well-being.

88 Stat. 2497

IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of July, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Richard Nixon
4306 August 5, 1974 United States Customs 185th Anniversary Year Digitization Vendor By the President of the United States of America Proclamation Proclamation 4306 · August 5, 1974
United States Customs 185th Anniversary Year By the President of the United States of America A Proclamation

July 31, 1974, marked the one hundred eighty-fifth anniversary of the signing by President George Washington of legislation establishing a United States Customs Service. The first customs officers began to collect the revenue and enforce the Tariff Act of July 4, 1789, on August 1,

1 Stat. 24.

1789. Since then, the customhouse and the customs officer have stood as symbols of national pride and sovereignty at ports of entry along the land and sea borders of our country.

Customs and related duties collected by the Department of the Treasury provided the principal revenues for the young Republic and assured its financial stability, from 1789 until the 20th century.

As the 200th birthday of our Nation approaches, it is especially appropriate that we recognize and salute the historic contributions made to the growth of our Republic by the United States Customs Service.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby designate the year 1974 as United States Customs 185th Anniversary Year; and I call upon the United States Customs Service, under the direction of the Secretary of the Treasury, to plan and participate in appropriate observances recognizing the revenue collection and law enforcement contributions of the Customs Service to the general welfare and economic stability of the Nation.

I also call upon appropriate community organizations to cooperate with the Customs Service in recognizing 185 years of mutually beneficial relationships.

88 Stat. 2498

IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of August, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Richard Nixon
4307 August 7, 1974 National Student Government Day, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4307 · August 7, 1974
National Student Government Day, 1974 By the President of the United States of America A Proclamation

One of the foundation blocks in the American democracy is the civic responsibility which every American accepts as part of his heritage and his obligation to his country.

This responsibility—this understanding, appreciation, and involvement in our Government—begins in our Nation’s educational institutions. Within these institutions our student government associations play a central role. The learning experience that students obtain as officers, members, and as voters in student government associations is vital to a clear understanding of our democratic system.

The successful functioning of student government associations reaffirms the essential truth of our democracy: that all people should have a voice in making those decisions that affect their lives. Student government provides this voice for our Nation’s students in educational institutions.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim October 29, 1974, as National Student Government Day. I invite the Governors of the States and of the Commonwealth of Puerto Rico and other officials at the local level to issue similar proclamations.

I also urge all educational institutions to join in appropriate activities to highlight the importance of student government and to encourage wide participation in its activities. I further urge all students in our country to acquaint themselves fully with their own student government associations and to play a constructive role in contributing to their success.

88 Stat. 2499

IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of August, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Richard Nixon
4308 August 20, 1974 Columbus Day, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4308 · August 20, 1974
Columbus Day, 1974 By the President of the United States of America A Proclamation

On Columbus Day, 1974, we again celebrate the historic achievement of the Italian sea captain whose courage and determination led him across uncharted oceans to a New World.

Sailing in the service of the Spanish crown, the voyage of Christopher Columbus marked one of history’s most challenging and rewarding explorations. He opened this continent to the migration of settlers who created an enduring nation. The United States of America still carries forth his spirit of exploration as part of its national heritage.

Americans of the twentieth century strive to follow the vision and unshakeable faith of Christopher Columbus by seeking to discover a “New World” of peace and cooperation among all men.

In tribute to the achievement of Columbus, the Congress of the United States, by joint resolution approved April 30, 1934 (48 Stat. 657), as modified by the act of June 28, 1968 (82 Stat. 250), requested

5 USC 6103.

the President to proclaim the second Monday in October of each year as Columbus Day.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, do hereby designate Monday, October 14, 1974, as Columbus Day; and I invite the people of this Nation to observe that day in schools, churches, and other suitable places with appropriate ceremonies in honor of the great explorer.

I also direct that the flag of the United States be displayed on all public buildings on the appointed day in memory of Christopher Columbus.

88 Stat. 2500

IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of August, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford
4309 August 22, 1974 Women’s Equality Day, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4309 · August 22, 1974
Women’s Equality Day, 1974 By the President of the United States of America A Proclamation

On August 26th, 1920, American women finally gained the right to vote when the Nineteenth Amendment was certified as part of our Constitution.

Today, fifty-four years later, the women of America are actively participating in and contributing to all aspects of our economic, social and political life. Many obstacles on the road to equal opportunity have been removed as legislative and executive actions have helped to reduce sex discrimination in education, training and employment. Special efforts have been made in the Federal Government, so that women now contribute more fully than ever before to the formulation and execution of public policy.

But although we as a Nation have come a great distance since 1920, we still have a great distance to go. In 1970, on the floor of the House, I

86 Stat. 1523.

said that the Equal Rights Amendment to the Constitution was an idea whose time had come. Today I want to reaffirm my personal commitment to that amendment. The time for ratification of the Equal Rights Amendment has come just as surely as did the time for the 19th Amendment.

As 1975 approaches, widely proclaimed as International Women’s Year, Americans must deal with those inequities that still linger as barriers to the full participation of women in our Nation’s life. We must also strengthen and support laws that prohibit discrimination based on sex.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, do hereby call upon all Americans to observe August 26, 1974, as Women’s Equality Day, with appropriate cere-88 Stat. 2501monies and activities. I further urge Americans to consider the essential role of women in our society and their contribution to our economic, social and political well-being. As a Republic dedicated to liberty and justice for all, this Nation cannot deny equal status to women.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of August, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford
4310 September 4, 1974 National Hispanic Heritage Week, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4310 · September 4, 1974
National Hispanic Heritage Week, 1974 By the President of the United States of America A Proclamation

Our country’s Hispanic heritage reaches back more than four centuries. When the Pilgrim Fathers landed at Plymouth Rock, Hispanic civilization was already flourishing in what is now Florida and New Mexico. Since then the Hispanic contribution to America has been a consistent and vital influence in our country’s cultural growth.

More than ten million Americans of Hispanic origin today contribute to our national diversity, enriching the quality of American life in the arts, the sciences, sports, religion and the small but important things of everyday living.

NOW, THEREFORE, I, Gerald R. Ford, President of the United States of America, do hereby proclaim the week beginning September 10, 1974, and ending September 16, 1974, as National Hispanic Heritage Week. I call upon all the people of the United States, especially the education community and those organizations concerned with the protection of human rights, to observe that week with appropriate ceremonies and activities.

In celebrating this occasion, I also call upon my fellow Americans to rededicate themselves to the principle of full and equal opportunity for all citizens, and to seize upon the broad spectrum of skills and abilities of those individuals of Hispanic heritage who have so significantly contributed to our Nation’s growth and prosperity.

88 Stat. 2502

IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of September, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford
4311 September 8, 1974 Granting Pardon to Richard Nixon Digitization Vendor By the President of the United States of America Proclamation Proclamation 4311 · September 8, 1974
Granting Pardon to Richard Nixon By the President of the United States of America A Proclamation

Richard Nixon became the thirty-seventh President of the United States on January 20, 1969 and was reelected in 1972 for a second term by the electors of forty-nine of the fifty states. His term in office continued until his resignation on August 9, 1974.

Pursuant to resolutions of the House of Representatives, its Committee on the Judiciary conducted an inquiry and investigation on the impeachment of the President extending over more than eight months. The hearings of the Committee and its deliberations, which received wide national publicity over television, radio, and in printed media, resulted in votes adverse to Richard Nixon on recommended Articles of Impeachment.

As a result of certain acts or omissions occurring before his resignation from the Office of President, Richard Nixon has become liable to possible indictment and trial for offenses against the United States. Whether or not he shall be so prosecuted depends on findings of the appropriate grand jury and on the discretion of the authorized prosecutor. Should an indictment ensue, the accused shall then be entitled to a fair trial by

USC prec. title 1.

an impartial jury, as guaranteed to every individual by the Constitution.

It is believed that a trial of Richard Nixon, if it became necessary, could not fairly begin until a year or more has elapsed. In the meantime, the tranquility to which this nation has been restored by the events of recent weeks could be irreparably lost by the prospects of bringing to trial a former President of the United States. The prospects of such trial will cause prolonged and divisive debate over the propriety of exposing88 Stat. 2503 to further punishment and degradation a man who has already paid the unprecedented penalty of relinquishing the highest elective office of the United States.

NOW, THEREFORE, I, Gerald R. Ford, President of the United States, pursuant to the pardon power conferred upon me by Article II, Section 2, of the Constitution, have granted and by these presents do

USC prec. title 1.

grant a full, free, and absolute pardon unto Richard Nixon for all offenses against the United States which he, Richard Nixon, has committed or may have committed or taken part in during the period from January 20, 1969 through August 9, 1974.

IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of September, in the year of our Lord nineteen hundred and seventy-four, and of the Independence of the United States of America the one hundred and ninety-ninth.

Gerald R. Ford
4312 September 12, 1974 Citizenship Day and Constitution Week, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4312 · September 12, 1974
Citizenship Day and Constitution Week, 1974 By the President of the United States of America A Proclamation

As we near our Nation’s two hundredth anniversary, let all of us, as equal partners in a Nation of justice under law, resolve to work, with all our strength and common sense, to achieve “. . . a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity . . .” Through such a rededication to the spirit and principles of the Constitution we can build a better future for every individual American, and a better America for all.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, in compliance with the joint resolutions of the Congress of the United States, call upon appropriate Government officials to display the flag of the United States on all Government buildings on Citizenship Day, September 17, 1974—the 187th anniversary of the signing of the Constitution. I urge Federal, State, and local officials,

USC prec. title 1.

88 Stat. 2504 as well as leaders of civic, educational and religious organizations to conduct appropriate ceremonies and programs on that day.

I also designate as Constitution Week the period beginning September 17 and ending September 23, 1974, and urge all Americans to observe that week with appropriate ceremonies and activities in their schools, churches and in other suitable places in order to foster a better understanding

USC prec. title 1.

of the Constitution, and of the rights and responsibilities of United States citizens.

IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of September, in the year of our Lord nineteen hundred and seventy-four, and of the Independence of the United States of America the one hundred and ninety-ninth.

Gerald R. Ford
4313 September 16, 1974 Announcing a Program for the Return of Vietnam Era Draft Evaders and Military Deserters Digitization Vendor By the President of the United States of America Proclamation Proclamation 4313 · September 16, 1974
Announcing a Program for the Return of Vietnam Era Draft Evaders and Military Deserters By the President of the United States of America A Proclamation

The United States withdrew the last of its forces from the Republic of Vietnam on March 28, 1973.

In the period of its involvement in armed hostilities in Southeast Asia, the United States suffered great losses. Millions served their country, thousands died in combat, thousands more were wounded, others are still listed as missing in action.

Over a year after the last American combatant had left Vietnam, the status of thousands of our countrymen—convicted, charged, investigated

50 USC app. 451.

10 USC 801 et seq.

or still sought for violations of the Military Selective Service Act or of the Uniform Code of Military Justice—remains unresolved.

In furtherance of our national commitment to justice and mercy these young Americans should have the chance to contribute a share to the rebuilding of peace among ourselves and with all nations. They should be allowed the opportunity to earn return to their country, their communities, and their families, upon their agreement to a period of alternate88 Stat. 2505 service in the national interest, together with an acknowledgment of their allegiance to the country and its Constitution.

Desertion in time of war is a major, serious offense; failure to respond to the country’s call for duty is also a serious offense. Reconciliation among our people does not require that these acts be condoned. Yet, reconciliation calls for an act of mercy to bind the Nation’s wounds and to heal the scars of divisiveness.

NOW, THEREFORE, I, Gerald R. Ford, President of the United States, pursuant to my powers under Article II, Sections 1, 2 and 3 of the Constitution, do hereby proclaim a program to commence immediately

USC prec. title 1.

to afford reconciliation to Vietnam era draft evaders and military deserters upon the following terms and conditions:

1. Draft Evaders— An individual who allegedly unlawfully failed under the Military Selective Service Act or any rule or regulation promulgated

50 USC app. 451.

 thereunder, to register or register on time, to keep the local board informed of his current address, to report for or submit to preinduction or induction examination, to report for or submit to induction itself, or to report for or submit to, or complete service under section 6(j) of such Act during the period from August 4, 1964 to March 28,

50 USC app. 456.

 1973, inclusive, and who has not been adjudged guilty in a trial for such offense, will be relieved of prosecution and punishment for such offense if he: (i) presents himself to a United States Attorney before January 31, 1975, (ii) executes an agreement acknowledging his allegiance to the United States and pledging to fulfill a period of alternate service under the auspices of the Director of Selective Service, and (iii)

satisfactorily completes such service.

The alternate service shall promote the national health, safety, or interest. No draft evader will be given the privilege of completing a period of alternate service by service in the Armed Forces.

However, this program will not apply to an individual who is precluded from re-entering the United States under 8 U.S.C. 1182(a)(22) or other law. Additionally, if individuals eligible for this program have other criminal charges outstanding, their participation in the program may be conditioned upon, or postponed until after, final disposition of the other charges has been reached in accordance with law.

88 Stat. 2506

The period of service shall be twenty-four months, which may be reduced by the Attorney General because of mitigating circumstances.

 2. Military Deserters—

A member of the armed forces who has been administratively classified as a deserter by reason of unauthorized absence and whose absence commenced during the period from August 4, 1964 to March 28, 1973, inclusive, will be relieved of prosecution and punishment under Articles 85, 86 and 87 of the Uniform Code of Military

10 USC 885–887.

Justice for such absence and for offenses directly related thereto if before January 31, 1975 he takes an oath of allegiance to the United States and executes an agreement with the Secretary of the Military Department from which he absented himself or for members of the Coast Guard, with the Secretary of Transportation, pledging to fulfill a period of alternate service under the auspices of the Director of Selective Service. The alternate service shall promote the national health, safety, or interest.

The period of service shall be twenty-four months, which may be reduced by the Secretary of the appropriate Military Department, or Secretary of Transportation for members of the Coast Guard, because of mitigating circumstances.

However, if a member of the armed forces has additional outstanding charges pending against him under the Uniform Code of Military Justice,

10 USC 801 et seq.

his eligibility to participate in this program may be conditioned upon, or postponed until after, final disposition of the additional charges has been reached in accordance with law.

Each member of the armed forces who elects to seek relief through this program will receive an undesirable discharge. Thereafter, upon satisfactory completion of a period of alternate service prescribed by the Military Department or Department of Transportation, such individual will be entitled to receive, in lieu of his undesirable discharge, a clemency discharge in recognition of his fulfillment of the requirements of the program. Such clemency discharge shall not bestow entitlement to benefits administered by the Veterans Administration.

Procedures of the Military Departments implementing this Proclamation will be in accordance with guidelines established by the Secretary of Defense, present Military Department regulations notwithstanding.

 3.

50 USC app. 462 note.

 Presidential Clemency Board— By Executive Order I have this date established a Presidential Clemency Board which will review the records of individuals within the following categories: (i) those who have been88 Stat. 2507 convicted of draft evasion offenses as described above, (ii) those who have received a punitive or undesirable discharge from service in the armed forces for having violated Article 85, 86, or 87 of the Uniform Code of Military Justice between August 4, 1964 and March 28,

10 USC 885–887.

 1973, or are serving sentences of confinement for such violations. Where appropriate, the Board may recommend that clemency be conditioned upon completion of a period of alternate service. However, if any clemency discharge is recommended, such discharge shall not bestow entitlement to benefits administered by the Veterans Administration. 4. Alternate Service— In prescribing the length of alternate service in individual cases, the Attorney General, the Secretary of the appropriate Department, or the Clemency Board shall take into account such honorable service as an individual may have rendered prior to his absence, penalties already paid under law, and such other mitigating factors as may be appropriate to seek equity among those who participate in this program.

IN WITNESS WHEREOF, I have hereunto set my hand this six-teenth day of September in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred and ninety-ninth.

Gerald R. Ford
4314 September 17, 1974 National Employ the Handicapped Week, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4314 · September 17, 1974
National Employ the Handicapped Week, 1974 By the President of the United States of America A Proclamation

The single greatest difficulty facing the handicapped person is not his or her own disability but rather the attitudes of society toward that disability. Yet handicapped people have proven themselves capable of performing a wide range of jobs with great diligence, skill, and efficiency.

As scientists, teachers, Government officials, aerospace engineers—in nearly every occupation—otherwise qualified but handicapped Americans have contributed significantly to our Nation’s progress.

Let us resolve in 1974 to make use of the talents and abilities and energies of the handicapped. Our Nation needs them.

88 Stat. 2508

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, in accordance with the joint resolution of Congress approved August 11, 1945, as amended (36 U.S.C. 155), designating the first week in October of each year as National Employ the Handicapped Week, do hereby call upon the people of the United States to observe the week beginning October 6, 1974, for such purpose.

I urge the Nation’s Governors, Mayors, and all other public officials, as well as leaders in every area of American life, to join with the handicapped themselves in active participation in this observance.

IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of September, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America, the one hundred ninety-ninth.

Gerald R. Ford
4315 September 19, 1974 Johnny Horizon 76 Clean Up America Month, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4315 · September 19, 1974
Johnny Horizon 76 Clean Up America Month, 1974 By the President of the United States of America A Proclamation

Although our Nation’s 200th birthday is less than two years away, much has been accomplished through the Johnny Horizon ’76 Program toward improving the environment of our country for this historic event. But much remains to be done. To date, thousands of schools; churches; youth groups; chambers of commerce; conservation, civic and commercial organizations and millions of private citizens have joined in partnership with Johnny Horizon ’76 in a wide range of projects to create environmental awareness and to beautify America.

Our most precious environment is the area in which we live—our city streets and rural towns—and this is where each individual can effectively exercise his responsibility. This has been exemplified by the many action projects which have been undertaken thus far across our country.

We need to continue these improvements. To dramatize this

Ante, p. 1151.

need, the Congress has by House Joint Resolution 1070, 93rd Congress, requested the President to proclaim the period of September 15, 1974,88 Stat. 2509 to October 15, 1974, as “Johnny Horizon ’76 Clean Up America Month.”

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, do hereby proclaim the period September 15 through October 15, 1974 as Johnny Horizon ’76 Clean Up America Month and ask our Nation’s attention to the Johnny Horizon ’76 environmental awareness and action program for America’s 200th birthday and related Bicentennial activities. I urge representatives of business, industry, labor, Government, civic groups, and other citizens to continue to join together to demonstrate the significant results that can be realized when .Americans translate their concern into affirmative action. I further urge a continuation of neighborhood and community cleanups, beautification programs, resource recovery and education programs, energy and wildlife conservation efforts and other worthwhile activities.

IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of September, in the year of our Lord nineteen hundred seventy-four and of the Independence of the United States of America, the one hundred ninety-ninth.

Gerald R. Ford
4316 September 26, 1974 National School Lunch Week, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4316 · September 26, 1974
National School Lunch Week, 1974 By the President of the United States of America A Proclamation

Winston Churchill once said that the best investment any society can make is putting milk into babies. By the same token, providing nutritious lunches for millions of American school children is a concrete way of investing in our future well-being as a Nation.

Only healthy, well-nourished students can realize their fullest mental and physical potential and transform equality of opportunity from an ideal into a reality. Those who work in school lunch programs around the country—volunteers and employees of the Federal, State and local governments which administer the National School Lunch Program are helping to realize this goal.

88 Stat. 2510

Recognizing the importance of their activities, and the good which this program does our Nation, Congress has designated the week beginning the second Sunday of October each year as National School Lunch Week, and has requested the President to issue annually a proclamation calling for observance of that week.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, do hereby urge the people of the United States to observe the week of October 13, 1974, as National School Lunch Week and to give special attention to activities which will focus on good nutrition for our young people.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of September, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred and ninety-ninth.

Gerald R. Ford
4317 September 27, 1974 Modifying Proclamation No. 3279, Relating to Imports of Petroleum and Petroleum Products, Providing for the Long-Term Control of Imports of Petroleum and Petroleum Products Through a System of License Fees and Providing for Gradual Reduction of Levels of Imports of Crude Oil, Unfinished Oils, and Finished Products Digitization Vendor By the President of the United States of America Proclamation Proclamation 4317 · September 27, 1974
Modifying Proclamation No. 3279,1124 FR 1781; 3 CFR, 1959–1963 Comp. p. 11. Relating to Imports of Petroleum and Petroleum Products, Providing for the Long-Term Control of Imports of Petroleum and Petroleum Products Through a System of License Fees and Providing for Gradual Reduction of Levels of Imports of Crude Oil, Unfinished Oils, and Finished Products By the President of the United States of America A Proclamation

I am advised by the Administrator of the Federal Energy Administration that certain technical changes to Proclamation No. 3279, as

19 USC 1862 note.

amended, are required. Among these technical changes are the clarification of certain definitions, a provision to eliminate conflict between the Oil Import Control Program and the Mandatory Petroleum Allocation Program, and the establishment of added capacity as the basis for import allocations to new, expanded, and reactivated refineries and petrochemical plants. In addition, the Administrator informs me that lowering the import fee schedule on natural gas products to the level assigned to crude oil will make United States interests more competitive in obtaining this valuable commodity in the world market.

88 Stat. 2511

The Administrator advises me that the changes set forth in this proclamation are consistent with the national security objectives of Proclamation No. 3279, as amended, and recommends that such changes be made.

19 USC 1862 note.

I agree with the foregoing recommendations and findings of the Administrator.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, acting under and by virtue of the authority vested in me by the Constitution and laws of the United States, including section 232 of the Trade Expansion Act of 1962, as amended, do hereby

19 USC 1862.

proclaim that, effective the date of this proclamation, Proclamation No. 3279, as amended, is hereby amended as follows:

1. Subparagraph (2) of paragraph (d) of Section 2 is amended to read as follows: “(2) Entries for consumption of imports from Canada by pipeline may be made until midnight, May 15, of the allocation period following the allocation period in which any license authorizing such imports from Canada was issued.”
2. Subparagraph (3) of paragraph (b) of section (4) is amended to read as follows: “(3) Except for (i) crude oil or unfinished oils imported under license or licenses for which a fee has been charged, (ii) crude oil sold, bought, or exchanged in order to comply with other Federal Energy Administration regulations, or (iii) crude oil or unfinished oils imported pursuant to specific relief granted pursuant to section 5, such regulations shall require that imported crude oil and unfinished oils be processed in the licensee’s refinery or petrochemical plant, except that imported crude oil or unfinished oils other than Canadian imports may be exchanged for domestic crude or unfinished oils if such exchanges are otherwise lawful, are effected on a current basis and reported in advance to the Administrator, and if the domestic crude or unfinished oils are processed in the licensee’s refinery or petrochemical plant. Canadian imports may only be exchanged for other Canadian imports, in which case the Canadian imports obtained in the exchange must be processed in the licensee’s own facility.”
3. Subparagraph (1)(i) of paragraph (a) of section 3 is amended to read as follows: “(a) (1) Effective May 1, 1973, the Administrator shall, by regulation, establish a system of fees for licenses issued under allocations of88 Stat. 2512 imports of crude oil, unfinished oils, and finished products, over the above levels of imports established by section 2 of this proclamation. Such regulations shall require, among other appropriate provisions, that (i) with respect to imports, other than imports from Canada of motor gasoline and finished products, such fees shall be:

FEE SCHEDULE

(Cents per barrel)
  May 1 Nov. 1 May 1 Nov. 1 May 1 Nov. 1
  1973 1973 1974 1974 1975 1975
Crude 10. 5 13. 0 15. 5 18. 0 21. 0 21. 0
Natural Gas Products 10. 5 13. 0 15. 5 18. 0 21. 0 21. 0
Motor Gasoline 52. 0 54. 5 57. 0 59. 5 63. 0 63. 0
All other finished products and unfinished oils (except ethane, propane, butanes, and asphalt). 15. 0 20. 0 30. 0 42. 0 52. 0 63. 0
4.

19 USC 1862 note.

 A new subparagraph, (4), is added to paragraph (a) of section 3 to read as follows: “(4) Persons seeking to import natural gas products under a duly issued natural gas products license shall certify the country of origin to the appropriate customs officer at the port of entry. Such natural gas products may be commingled with crude oil or other unfinished oils for purposes of transportation and may be reseparated prior to importation or imported as a mixture; Provided, that the importer certifies the volume of natural gas products contained.”
5. Paragraph (b) of section 3 thereof, is amended by inserting a new sentence between the first and second sentences to read as follows: “In the event that such bond is terminated or the face value of the bond is reduced below the outstanding liability of licenses issued pursuant to the bond, the Administrator shall immediately revoke all licenses issued pursuant to the bond.”
6. The fifth sentence of subparagraph (1) of paragraph (b) of section 4 is amended to read as follows: “Such allocations shall not exceed 75 percent of estimated refinery capacity or the percentage of petro-chemical plant capacity applicable.”
7. Subparagraphs (2), (3) and (4) of paragraph (g) of section 15 are amended to read as follows: “(2) ‘Gasoline’ means a refined petroleum distillate, including naphtha, jet fuel, or other petroleum oils, (but not benzene which meets the ASTM distillation standards for nitration grade or cumene, ethyl-88 Stat. 2513benzene, isoprene, meta-xylene, ortho-xylene or para-xylene having a purity of 95 percent or more by weight) derived by refining or processing crude oil or unfinished oils, in whatever type of plant such refining or processing may occur, and having a boiling range at atmospheric pressure which falls completely or in part between 80° F and 400° F. “(3) ‘Kerosene’ means any jet fuel, diesel fuel, fuel oil, or other petroleum oils derived by refining or processing crude oil or unfinished oils, in whatever type of plant such refining or processing may occur, which has a boiling range at atmospheric pressure which falls completely or in part between 400° F and 550° F. “(4) ‘Distillate fuel oil’ means any fuel oil, gas oil, topped crude oil, or other petroleum oils (except refined petroleum wax) derived by refining or processing crude oil or unfinished oils, in whatever type of plant such refining or processing may occur, which has a boiling range at atmospheric pressure which falls completely or in part between 550° F and 1200° F.”
8. Section 12 is amended to read as follows:

19 USC 1862 note.
“12. Commitments and obligations contained in long term allocations heretofore made shall be unimpaired by this proclamation or regulations issued thereunder.”

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day of September, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford
4318 September 27, 1974 National Hunting and Fishing Day, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4318 · September 27, 1974
National Hunting and Fishing Day, 1974 By the President of the United States of America A Proclamation

No one has a fuller appreciation and respect for nature than the American sportsman. Hunters and anglers were among the first to warn us of the need to conserve America’s fish and wildlife resources, and many of them have played an active, voluntary role in restoring and enriching America’s splendid natural heritage.

88 Stat. 2514

In recognition of the significant contributions of American hunters and fishermen in enhancing and preserving our environment, and to dramatize the continued need for gun and boat safety, the Congress, by

Ante, p. 1166.

House Joint Resolution 910, 93rd Congress, has requested the President to declare the fourth Saturday of September, 1974, as National Hunting and Fishing Day.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, do hereby designate Saturday, September 28, 1974, as National Hunting and Fishing Day.

I urge all of our citizens to join with outdoor sportsmen in the wise use of our natural resources and in insuring their proper management for the benefit of future generations.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day of September, in the year of our Lord nineteen hundred seventy-four and of the Independence of the United States of America, the one hundred ninety-ninth.

Gerald R. Ford
4319 September 28, 1974 Enlarging the Boundaries of the Cabrillo National Monument, California Digitization Vendor By the President of the United States of America Proclamation Proclamation 4319 · September 28, 1974
Enlarging the Boundaries of the Cabrillo National Monument, California By the President of the United States of America A Proclamation

The Cabrillo National Monument in San Diego County, California, was established by Proclamation No. 1255 of October 14, 1913 (38 Stat. 1965), on approximately one-half acre of land that, along with other lands, had originally been set aside for military purposes in 1852. The

73 Stat. cl9.

monument was enlarged by Proclamation No. 3273 of February 2, 1959, and now is situated on approximately eighty and one-half acres of land. The present area of the monument is not adequate for the proper care and management of the historical landmarks and historical objects in the area and it has been determined that approximately fifty-six and six-tenths acres of land should be added to the monument site. That new land is contiguous to the monument site and constitutes a part of the lands set aside but no longer needed for military purposes.

88 Stat. 2515

The additional land is essential to the proper care and management of the historical landmarks and historical objects in the area, and it is in the public interest to redefine the boundaries of, and add those contiguous lands to the monument to preserve the historical landmarks and historical objects of the area.

Under section 2 of the act of June 8, 1906 (34 Stat. 225, 16 U.S.C. 431), the President is authorized “to declare by public proclamation historic landmarks, historic and prehistoric structures, and objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with the proper care and management of the objects to be protected. The monument, as enlarged by this Proclamation, will be confined to the smallest area compatible with the protection and management of the objects to be protected.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, under and by virtue of the authority vested in me by section 2 of the act of Congress approved June 8, 1906, 34 Stat. 225 (16 U.S.C. 431), do hereby proclaim that, subject to valid existing rights, the lands owned or controlled by the United States within the following described lands are hereby added to and made a part of the Cabrillo National Monument:

Parcel “B”

Beginning at the southwesterly comer of said United States Naval Submarine Support Facility also being the southeasterly corner of Cabrillo National Monument as shown on Y & D Drawing No. 1112775 on file in the Department of the Navy; thence northerly along the easterly boundary of said land the following courses and distances; North 0°03′24″ East 275.68 feet (record North 0°28′25″ West 275.14 feet); thence North 89°56′36″ West (record South 89°31′35″ West) 100.00 feet; thence North 0°03′24″ East (record North 0°28′25′ West) 275.30 feet; thence East (record North 89°31′35″ East) 100.00 feet; thence North 0°03′24″ East 762.96 feet to a point that is 140.45 feet from the northeast corner of said Cabrillo National Monument, said point being on the arc of a 1235.00-foot-radius curve concave northerly the center of which curve bears North 4°10′54″ East from said point; thence leaving said east line of Cabrillo National Monument easterly along the arc of said curve through a central angle of 23°50′37″ a distance of 513.9488 Stat. 2516 feet to intersection with the hereinafter described mean high tide line; thence southerly along said mean high tide line the following courses and distances; South 15°18′45″ East 52.45 feet; thence South 0°09′43″ East 184.11 feet; thence South 10°40′25″ East 142.09 feet; thence South 3°24′54″ East 76.10 feet; thence South 5°02′16″ East 236.19 feet; thence South 10°54′05″ East 317.40 feet; thence South 18°24′14″ East 188.84 feet; thence South 5°35′49″ East 232.91 feet; thence South 15°11′11″ East 117.03 feet to intersection with the south line of said Submarine Support Facility which bears North 89°59′37″ East (record North 89°31′35″ East) from the Point of Beginning; thence leaving said mean high tide line South 89°59′37″ West along said South line 723.77 feet to the Point of Beginning, containing 18.92 acres, reserving from the hereinabove described property a parcel of land consisting of 1.60 acres being a right-of-way for road purposes over, along and across a strip of land 40.00 feet wide, 20.00 feet wide on each side of the following described centerline:

Commencing at a point on the easterly prolongation of the north line of the hereinbefore mentioned Cabrillo National Monument that bears South 89°56′36″ East 378.53 feet from the northeast corner of said monument; thence South 12°06′18″ East 105.96 feet to the True Point of Beginning of the herein described centerline, said point being on the arc of a 1235.00-foot-radius curve concave northerly the center of which bears North 14°34′38″ West from said True Point of Beginning; thence continuing South 12°06′18″ East 46.84 feet to the beginning of a tangent 91.35-foot-radius curve concave westerly; thence southerly along the arc of said curve through a central angle of 31°25′40″ a distance of 50.11 feet to the beginning of a tangent 59.49-foot-radius curve concave easterly; thence southerly along the arc of said curve through a central angle of 53°19′25″ a distance of 55.37 feet to the beginning of a tangent 130.00-foot-radius curve concave westerly; thence southerly along the arc of said curve through a central angle of 55°08′06″ a distance of 125.10 feet to a point of compound curvature with a 265.00-foot-radius curve; thence southwesterly along the arc of said curve through a central angle of 15°42′44″ a distance of 72.67 feet to the beginning of a tangent 100.00-foot-radius curve concave easterly; thence southerly along the arc of said curve through a central angle of 42 °28′35″ a distance of 74.14 feet to the beginning of a tangent 527.44-foot-radius curve concave westerly; thence southerly along the arc of said curve through a central angle of 17°56′20″ a distance of 165.14 feet; thence tangent to said curve South12°18′32″ West 107.03 feet to the beginning of a88 Stat. 2517 tangent 500.00-foot-radius curve concave northwesterly; thence southwesterly along the arc of said curve through a central angle of 18°03′54″ a distance of 157.65 feet to a point of compound curvature with a 90.00-foot-radius curve concave northwesterly; thence southwesterly along the arc of said curve through a central angle of 40°10′08″ a distance of 63.10 feet to the beginning of a tangent 650.00-foot-radius curve concave southeasterly; thence southwesterly along the arc of said curve through a central angle of 10°38′46″ a distance of 120.78 feet to the beginning of a tangent 103.00-foot-radius curve concave northerly; thence westerly along the arc of said curve through a central angle of 55°43′47″ a distance of 100.18 feet to the beginning of a tangent 35.00-foot-radius curve concave southeasterly; thence westerly, southwesterly and southerly along the arc of said curve through a central angle of 150°30′03″ a distance of 91.94 feet to a point of compound curvature with a 100.00-foot-radius curve concave northeasterly; thence southeasterly along the arc of said curve through a central angle of 32°52′30″ a distance of 57.38 feet; thence tangent to said curve South 67°44′58″ East 116.12 feet to the beginning of a tangent 100.00-foot-radius curve concave southwesterly; thence southeasterly and southerly along the arc of said curve through a central angle of 65°07′30″ a distance of 113.66 feet; thence tangent to said curve South 2°37′28″ East 86.76 feet to the beginning of a tangent 310.00-foot-radius curve concave westerly; thence southerly along the arc of said curve through a central angle of 18°37′46″ a distance of 100.80 feet to the beginning of a tangent 45.00-foot-radius curve concave easterly; thence southerly along the arc of said curve through a central angle of 47°16′43″ a distance of 37.13 feet to a point on the south line of the hereinabove described property that bears North 89°59′37″ East 198.59 feet from the southwesterly corner thereof.

 Parcel “C”

Commencing at the southeasterly corner of Cabrillo National Monument as described in Presidential Proclamation No. 3273 of the Federal

73 Stat. c19.

Register of the United States in Volume 24, No. 25, dated February 5, 1959, which said southeasterly corner bears South 76°32′50″ East 761.20 feet from “Old Lighthouse” as shown on said Miscellaneous Map No. 129, the coordinates of which said “Old Lighthouse” are North 185,283.08 and East 1,695,308.57 (California Coordinate Grid System, Zone 6); thence along the boundary of said Cabrillo National Monument the following courses and distances North 89°52′54″ West 630.92 feet88 Stat. 2518 (record South 89°31′35″ West 630.37 feet); thence South 18°12′58″ West 8.45 feet (record South 17°40′23″ West 8.47 feet) to the beginning of a tangent 170.00-foot-radius curve concave easterly, thence southerly along the arc of said curve through a central angle of 64°00′00″ a distance of 189.89 feet; thence tangent to said curve South 45°47′02″ East (record South 46°19′37″ East) 137.50; thence South 65°23′10″ West (record South 64°50′35″ West) 75.33 feet to the TRUE POINT OF BEGINNING of the herein described property; thence retracing the previously described five courses to said southeasterly corner of the Cabrillo National Monument; thence leaving said boundary North 89°59′37″ East 723.77 feet to intersection with the hereinafter described mean high tide line; thence southerly along said mean high tide line the following courses and distances; South 9°49′16″ West 91.09 feet; thence South 32°04′12″ West 136.56 feet; thence South 55°30′44″ West 137.21 feet; thence South 42°14′59″ West 236.92 feet; thence South 38°38′57″ West 90.26 feet; thence South 11°46′39″ West 80.90 feet; thence South 3°09′21″ East 168.16 feet; thence South 24°11′43″ East 113.20 feet; thence South 19°28′08″ East 131.55 feet; thence South 13°54′17″ East 125.70 feet; thence South 7°18′41″ West 53.88 feet to intersection with a line that bears South 48°13′47″ East 1305.76 feet from the True Point of Beginning; thence North 48°13′47″ West 1305.76 feet to the True Point of Beginning, containing 17.44 acres, EXCEPTING from the hereinabove described property a parcel of land consisting of 1.12 acres being a right-of-way for road purposes over, along and across a strip of land 40.00 feet wide, 20.00 feet wide on each side of the following described centerline: Beginning at a point on the North Line of the hereinabove described property that is North 89°59′37″ East 198.59 feet from the hereinbefore mentioned southeasterly corner of Cabrillo National Monument; thence South 31°16′30″ East 12.15 feet to the beginning of a tangent 55.00-foot-radius curve concave southwesterly; thence southerly along the arc of said curve through a central angle of 28°36′30″ a distance of 27.46 feet to a point of compound curvature with a 330.00-foot-radius curve concave westerly; thence southerly along the arc of said curve through a central angle of 20°23′45″ a distance of 117.47 feet to a point of compound curvature with a 75.00-foot-radius curse concave northwesterly; thence southwesterly and westerly along the arc of said curve through a central angle of 69°08′46″ a distance of 90.51 feet; thence tangent to said curve South 86°52′31″ West 108.37 feet to the beginning of a tangent 95.00-foot-radius curve concave northerly; thence westerly along the arc of said curve through a central angle of 32°17′15″88 Stat. 2519 a distance of 53.53 feet to a point of reverse curvature with a 60.00-foot-radius curve concave southerly; thence westerly along the arc of said curve through a central angle of 70°16′58″ a distance of 73.60 feet to a point of compound curvature with a 25.00-foot-radius curve concave easterly; thence southerly along the arc of said curve through a central angle of 61°22′48″ a distance of 26.78 feet to a point of compound curvature with a 175.00-foot-radius curve concave northeasterly; thence southeasterly along the arc of said curve through a central angle of 54°07′46″ a distance of 165.33 feet; thence tangent to said curve South 66°37′46″ East 88.66 feet to the beginning of a tangent 60.00-foot-radius curve concave southwesterly; thence southeasterly along the arc of said curve through a central angle of 49°38′15″ a distance of 51.98 feet to a point of compound curvature with a 90.00-foot-radius curve concave westerly; thence southerly along the arc of said curve through a central angle of 45°28′13″ a distance of 71.42 feet; thence tangent to said curve South 28°28′42″ West 110.68 feet to the beginning of a tangent 400.00-foot-radius curve concave southeasterly; thence southwesterly along the arc of said curve through a central angle of 8°05′11″ a distance of 56.45 feet to a point of compound curvature with a 60.00-foot-radius curve concave easterly; thence southerly along the arc of said curve through a central angle of 31°49′13″ a distance of 33.32 feet to a point of reverse curvature with a 125.00-foot-radius curve concave northwesterly; thence southwesterly along the arc of said curve through a central angle of 60°35′53″ a distance of 132.20 feet to a point of intersection with the southwesterly line of the hereinbefore described parcel of land that bears South 48°13′47″ East 729.88 feet from the True Point of Beginning thereof.

The sidelines of said easement are to be prolonged or shortened so as to terminate on the North in the North boundary line of the hereinbefore described land and to terminate on the southwest in the southwesterly boundary line of the hereinbefore described land.

 Parcel “D”

Beginning at a Point in the South boundary line of the Cabrillo National Monument as described in Presidential Proclamation No. 3273

73 Stat. c19.

of the Federal Register of the United States in Volume 24, No. 25, dated February 5, 1959, which said point bears South 78°47′06″ West 895.86 feet from “Old Lighthouse” as shown on said Miscellaneous Map No. 129, the coordinates of which said “Old Lighthouse” are North 185,283.08 and East 1,695,308.57 (California Coordinate Grid System,88 Stat. 2520 Zone 6), said point being on the arc of a 1030.00-foot-radius curve concave southwesterly, the center of which curve bears South 77°34′55″ West from said point, said curve being the easterly right-of-way line of an easement 60.00 feet wide for road purposes as granted to the City of San Diego by deed recorded September 20, 1960, as file/page No. 188998 in Book 1960 of Official Records; thence easterly and southerly along the boundary of said Cabrillo National Monument the following courses and distances; South 89°56′07″ East 563.40 feet; thence South 0°04′00″ West 409.95 feet (record South 0°28′25″ East 410.00 feet); thence South 89°55′50″ East (record North 89°31′35″ East) 278.27 feet; thence North 65°23′10″ East (record North 64°50′35″ East) 37.39 feet; thence leaving said Cabrillo National Monument boundary South 23°35′52″ West 1395.70 feet to a point on the easterly right-of-way line of the hereinabove described 60.00 feet wide easement for road granted to the City of San Diego, which point bears North 87°33′30″ East (record North 87°01′06″ East) radially 30.00 feet from the northeasterly terminus of a 101.88-foot-radius curve described to said easement; thence South 87°33′30″ West along said radial line 60.00 feet to the westerly right-of-way line of said easement; thence southerly, southwesterly, westerly, northwesterly and northerly along said right-of-way line the following courses and distances; southerly, southwesterly, westerly and northwesterly along the arc of a 71,88-foot-radius curve concave northerly that is concentric with the hereinbefore mentioned 101.88-foot-radius curve through a central angle of 162°48′38″ a distance of 204.25 feet; thence tangent to said curve North 19°37′52″ West 154.68 feet (record North 20°10′16″ West 154.54 feet) to the beginning of a tangent 235.23-foot-radius curve (record 235.00-foot-radius curve) concave easterly; thence northerly along the arc of said curve through a central angle of 37°45′00″ a distance of 154.98 feet; thence tangent to said curve North 18°07′08″ East 100.12 feet (record North 17°34′44″ East 100.02 feet) to the beginning of a tangent 330.20-foot-radius curve (record 330.00-foot-radius curve) concave westerly; thence northerly along the arc of said curve through a central angle of 22°58′46″ (record 22°58′31″) a distance of 132.43 feet; thence tangent to said curve North 4°51′38″ West 1049.96 feet (record North 5°23′47″ West 1050.15 feet) to the beginning of a tangent 1030.00-foot-radius curve, the center of which curve is hereinbefore mentioned as bearing South 77°34′55″ West from the Point of Beginning of this description; thence northerly along the arc of said curve through a central angle of 7°33′27″ a distance of 135.86 feet to the Point of Beginning, containing 20.20 acres.

88 Stat. 2521

The withdrawal order of February 26, 1852, is hereby revoked as to the lands described above.

The lands added to the monument by this Proclamation are hereby transferred from the jurisdiction of the Department of the Navy to the jurisdiction of the Department of the Interior, and Proclamation No. 1255 establishing, and Proclamation No. 3273 enlarging, the Cabrillo

38 Stat. 1965.

73 Stat. cl9.

National Monument are amended accordingly.

Warning is hereby expressly given to all unauthorized persons not to appropriate, injure, destroy, deface, or remove any feature of this monument and not to locate or settle upon any of the lands reserved by this Proclamation.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day of September, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford
4320 October 2, 1974 Fire Prevention Week, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4320 · October 2, 1974
Fire Prevention Week, 1974 By the President of the United States of America A Proclamation

Losses by destructive fires, many of which could have been prevented, constitute a tragic waste of our Nation’s human and material resources. Destructive fire is a burden affecting all Americans and constitutes a public health and safety problem of major magnitude.

Our great Nation, blessed with unparalleled technological resources, has the highest per capita rate of death and property loss from fire of all the major industrialized nations in the world. Of most concern is the needless loss of human life. Each year over 12,000 Americans die and over 300,000 are seriously injured and maimed. The tragic part is that the large majority of the deaths and injuries victimize the very young and the aged. In 1973, nearly 2.7 million fires caused in excess of $3 billion in direct property damage, with the total costs of fire, including fire departments costs, estimated at well over $ 11 billion.

88 Stat. 2522

I believe that our continuing high rate of losses due to fire is totally unacceptable. This shameful and needless waste of our people and resources, with its adverse effect on our economy, is one which our Nation and local communities can ill afford. As I have stated before, curbing inflation and improving the state of our economy are the highest priorities in this Administration. Fire loss reduction and fire prevention are activities directly related to reducing economic loss and should be a part of our overall national effort.

Of vital concern, and an area in which there is a major need for improved fire safety, is the place where we live: our homes. Each year, more than half the deaths caused by fire—about 6,600 on the average— have occurred in our homes. Last year alone, 73 per cent of all building fires occurred in residences while the loss and damage to homes amounted to more than $1 billion. For the last 20 years, home fires have accounted for about two-thirds of all building fires. Improved home fire safety is essential if we are to control this human and economic waste.

Most fires are caused by carelessness, lack of knowledge, or hazardous conditions which can be corrected. Much of the tragic waste associated with unwanted fires can be avoided. More emphasis on fire prevention programs and activities throughout the country is needed. Vigorous community fire departments, both paid and volunteer, which have effectively conducted fire prevention programs have contributed substantially to the local and national welfare by reducing significantly the number and effects of destructive fires. Those fire departments which confine their roles to putting out fires and rescuing its victims need to expend more effort on fire prevention. This should include educating children on the principles of fire safety, educating adults on fire safety in homes through residential inspections, enforcing fire protection and prevention codes and standards, and ensuring that adequate fire safety features are designed into our buildings and structures. All citizens need to know the basics of fire prevention, how to report fires, how to extinguish simple fires, and how to react if fire occurs in their homes or places of work. Progress can be made in reducing our fire losses if every American recognizes his and her responsibility for eliminating fire hazards and for participating in the community fire prevention programs. Therefore, it is vital that everyone support and participate in local fire prevention activities, not only during Fire Prevention Week, but at all times. In this way we can reduce the needless losses caused by unwanted fires.

88 Stat. 2523

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, do hereby designate the week beginning October 6, 1974, as Fire Prevention Week.

I call upon all citizens, individually and as a Nation, to support, participate in, and promote the fire prevention programs and activities of their local community fire departments and of the National Fire Protection Association.

I urge state and local governments, business, labor, and other organizations, as well as schools, civic groups, and public information agencies, to observe Fire Prevention Week, to provide useful fire safety information to the public, and to enlist the active participation of all citizens in year-round fire prevention programs.

I also urge all Federal agencies, in cooperation with the Federal Fire Council, to set an example for the Nation by conducting effective year-round fire prevention programs, including employee fire safety training programs and drills.

Let us all work together in reducing the unnecessary waste of human life and property from fire.

IN WITNESS WHEREOF, I have hereunto set my hand this second day of October in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford
4321 October 3, 1974 Leif Erikson Day, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4321 · October 3, 1974
Leif Erikson Day, 1974 By the President of the United States of America A Proclamation

Nearly one thousand years ago, Leif Erikson and his small crew of Norse explorers embarked upon a courageous voyage through unknown seas that led them to the bountiful shores of the New World.

Today most of the world’s frontiers have been explored but there are still personal frontiers that are no less challenging and forbidding than88 Stat. 2524 those faced so many years ago. As we push forward, let us draw inspiration from the indomitable spirit and undaunting determination of Leif Erikson. His achievement is a beacon for all men and women of vision who navigate the rough waters of uncertainty and adversity.

I am honored to comply with the request of the Congress of the United

36 Stat. 169c.

States, in a joint resolution approved September 2, 1964 (78 Stat. 849), that the President proclaim October 9 in each year as Leif Erikson Day.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, do hereby designate Wednesday, October 9, 1974, as Leif Erikson Day and I direct the appropriate Government officials to display the flag of the United States on all Government buildings that day.

I also invite the people of the United States to honor the memory of Leif Erikson on that day by holding appropriate exercises and ceremonies in suitable places throughout our land.

IN WITNESS WHEREOF, I have hereunto set my hand this third day of October, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford
4322 October 5, 1974 Child Health Day, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4322 · October 5, 1974
Child Health Day, 1974 By the President of the United States of America A Proclamation

For more than four decades, America has set aside a special day each year to emphasize the importance of child health.

In these decades, we have written a story of significant progress in child health, as the national infant mortality rate has been sharply cut and many childhood diseases have been conquered or diminished in their severity. For many handicapped children, in particular, advances in surgical techniques and treatment have created new hope for happy, productive lives.

88 Stat. 2525

We can be proud of this progress. Yet, as every parent knows, the threat of serious disease still hangs over the lives of our children, striking fear in the hearts of those who love and cherish them. Our challenge— and the one to which this Administration will be committed—is to continue steadfastly in reducing the health hazards to children through adequate programs which will assure their continued good health throughout childhood.

The Congress has, by the Joint Resolution of May 18, 1928 (36 U.S.C. 143), requested that the President of the United States annually issue a proclamation declaring the first Monday in October as Child Health Day.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, do hereby proclaim Monday, October 7, 1974, as Child Health Day.

I invite all agencies and organizations concerned with child health to unite upon that day in the observance of such activities as will accelerate our progress towards the promotion and protection of child health.

In addition, Child Health Day is an appropriate time to salute the work which the United Nations, through its specialized agencies and the United Nations Children’s Fund, is doing to improve the health of the children around the world.

IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of October, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford
4323 October 7, 1974 Veterans Day, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4323 · October 7, 1974
Veterans Day, 1974 By the President of the United States of America A Proclamation

On this Veterans Day, we pay tribute to those men and women whose service in our Armed Forces has contributed so profoundly to mankind’s age-old quest for peace.

88 Stat. 2526

From Valley Forge to Vietnam, on battlefields around the globe, in World War I, World War II, and the Korean conflict, Americans have selflessly answered the call to arms whenever our freedoms and the freedoms of others have been threatened by tyranny and aggression.

Our Veterans have earned our deep and lasting gratitude for their valor, their patriotism, and their willingness to sacrifice so that others might remain free.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, do hereby call on all Americans to join in observing Monday, October 28, 1974, as Veterans Day. I urge both public ceremony and private contemplation in recognition of the precious gifts of freedom and security that are ours because those we honor have stood in our defense.

Let us give special consideration on that day to those who have died in our Nation’s wars and those who have been disabled. Let this be a day of remembrance for those veterans who are in our hospitals, a day on which our appreciation is expressed tangibly by our visits and our attention.

Further, let this be a day on which all Americans take special cognizance of the needs of those young veterans who are currently readjusting to civilian life. Let us give them personal help and encouragement.

I direct the appropriate officials of Government to arrange for the display of the flag of the United States on this day. I request officials of Federal, State and local governments to support its observance and I urge schools, churches, unions, civic and patriotic organizations to participate in appropriate public ceremonies throughout the Nation.

IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of October, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford
4324 October 7, 1974 National Farm-City Week, 1974 Digitization Vendor By the President of the United States of America Proclamation 88 Stat. 2527 Proclamation 4324 · October 7, 1974
National Farm-City Week, 1974 By the President of the United States of America A Proclamation

The two hundred years which have passed since America’s birth has witnessed a dramatic change in our society. From a primarily rural nation, we have grown to a country of great cities and towns, and farmers now make up less than five percent of our national population.

As we have learned from our recent food shortages, however, the cities have not lost their fundamental dependence upon the farms for the basics in life. Nor are our farms any less dependent upon our urban centers for their products and services.

There is, indeed, a continuing partnership, often recognized but little honored. It is that partnership we must build upon to achieve a new abundance and prosperity in the future.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, do hereby designate the period November 22 through November 28, 1974 as National Farm-City Week.

I invite our civic and business groups, our agricultural organizations, our service clubs, our labor unions, our schools and other interested groups to participate in this observance. I request the United States Department of Agriculture, our land-grant educational institutions, and all appropriate organizations and Government officials to mark the significance of National Farm-City Week with special events and activities.

IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of October, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford
4325 October 10, 1974 General Pulaski’s Memorial Day, 1974 Digitization Vendor By the President of the United States of America Proclamation 88 Stat. 2528 Proclamation 4325 · October 10, 1974
General Pulaski’s Memorial Day, 1974 By the President of the United States of America A Proclamation

On October 11, 1974, we will honor the 195th anniversary of the death of Casimir Pulaski, the selfless patriot who fought courageously for the cause of freedom both in Poland and in America. It was on October 11, 1779, that Pulaski gave his life for our young Republic, fatally wounded while leading a cavalry charge in the battle of Savannah.

Today, we pay grateful tribute to the heroic sacrifice of Casimir Pulaski. And as we do so, we also pay tribute to all Americans of Polish ancestry whose talents, energies, and devotion to freedom have contributed greatly to the growth of this Nation since the earliest days.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, do hereby designate Friday, October 11, 1974, as General Pulaski’s Memorial Day and I direct the appropriate Government officials to display the flag of the United States on all Government buildings on that day.

I also invite the people of the United States to observe the day with appropriate ceremonies in honor of the memory of General Pulaski and his dedication to the defense of liberty.

IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of October, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford
4326 October 12, 1974 Country Music Month, October 1974 Digitization Vendor By the President of the United States of America Proclamation 88 Stat. 2529 Proclamation 4326 · October 12, 1974
Country Music Month, October 1974 By the President of the United States of America A Proclamation

From the farms and mines and ranches of America has come a uniquely American art form—the sound which has become known as country music. Once heard only in certain regions of this Nation, the country sound now can be heard from Manhattan’s skyscrapers to the beaches of Malibu. The growth of affection for country music in recent years is a heartening sign of the new interest that Americans take in things uniquely American.

A measure of that growth is that there are now more than one thousand radio stations in the United States that play country music exclusively and half of all the radio stations in America play country part of the time. Each day of the year, about twenty-five thousand hours of country music is beamed out into America. Truly, country music has come into its own.

It is a music which can be happy or sad, fast or slow, but it is always about life. The words of country music songs talk about life the way it is really lived. Country music is life with a melody.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, ask the people of this Nation to mark the month of October 1974, with suitable observances as Country Music Month.

IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of October, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford
4327 October 14, 1974 National Legal Secretaries’ Court Observance Week, 1974 Digitization Vendor By the President of the United States of America Proclamation 88 Stat. 2530 Proclamation 4327 · October 14, 1974
National Legal Secretaries’ Court Observance Week, 1974 By the President of the United States of America A Proclamation

Our vast and complex system of justice cannot function without the skill and dedication of our Nation’s legal secretaries. Without these unsung heroines of the legal process, the wheels of justice would grind to a permanent halt. They deserve the praise, gratitude and respect not only of their employers but of the system which they serve so well. One way in which their employers can demonstrate their appreciation for jobs well done is by giving their legal secretaries greater opportunities to observe courtroom proceedings—to see more of the system in action.

To pay tribute to this fine group of Americans, and to encourage their exposure to courtroom proceedings, the Congress by House Joint

Ante, p. 1262.

Resolution 898 of the Ninety-third Congress, has requested the President to proclaim the second full week in October, 1974, as National Legal Secretaries’ Court Observance Week.

NOW, THEREFORE, I, GERALD R. FORD. President of the United States of America, do hereby designate the week beginning October 14, 1974, as National Legal Secretaries’ Court Observance Week. I call upon the people of the United States to observe that week with appropriate ceremonies and activities. Furthermore, I call upon the legal community, throughout that week and during the ensuing year, to enhance their legal secretaries’ understanding of their role in the administration of justice in this Nation by affording them more opportunities to observe actual courtroom proceedings.

IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of October, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford
4328 October 18, 1974 Drug Abuse Prevention Week, 1974 Digitization Vendor By the President of the United States of America Proclamation 88 Stat. 2531 Proclamation 4328 · October 18, 1974
Drug Abuse Prevention Week, 1974 By the President of the United States of America A Proclamation

The drug trade, by destroying individual lives and dividing families and communities, strikes at the heart of our national well-being.

America’s response has not been passive. During the past half decade, we have given the highest priority to eliminating this threat to the very fabric of our society.

Our enforcement programs, undertaken with the cooperation of 60 other nations, are aimed at stamping out the drug trade at all levels, from the growing process to street sales.

We are also rendering special Federal assistance to local law enforcement agencies. As a result, drug arrests are up, major traffickers have been jailed, and supplies have been reduced. But too many Americans still are victimized by drug abuse.

We must redouble our efforts to cut supplies and punish suppliers. And we must make a National commitment to rehabilitate former users.

NOW, THEREFORE, I, GERALD R. FORD. President of the United States of America, do hereby designate the week of October 20–26, as Drug Abuse Prevention Week, 1974.

An important focus of our effort should be on the community acceptance of former drug abusers. For without a way back into society, the former addict still is prey to the pressures and pointlessness that contributed to his abuse in the first place. Let us begin, this week, to search out the techniques and resources we will need to help former drug abusers find their place in productive society—techniques and resources that will complement the work presently being carried out at the 1,240 Federally funded treatment centers and service points in more than 350 communities across the Nation.

I call upon officials at every level of government, upon educators, medical professionals, and communicators, upon the business community and the civic groups of our Nation, upon the churches and clergy, and upon all who bear the special trusts of community leadership, to88 Stat. 2532 rededicate themselves during this week to the total banishment of drug abuse from American life.

I again urge every American to commit himself wholeheartedly, beginning now, to this supremely important humanitarian cause.

IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of October, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford
4329 October 21, 1974 Immunization Action Week, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4329 · October 21, 1974
Immunization Action Week, 1974 By the President of the United States of America A Proclamation

This Nation has always been committed to fostering the health of its people, and particularly of its children. Immunization against disease has been an exciting chapter in that effort. The United States can take pride in the dedicated research which has produced safe and effective vaccines against polio, measles, rubella, and other childhood diseases.

Cooperation by the medical profession and public health organizations in distributing these vaccines to children has achieved dramatic reductions in diseases which can kill, cripple, or cause birth defects, including mental retardation. Because of their tragic consequences, we dare not let down our guard against a resurgence of these diseases.

The President’s Committee on Mental Retardation has brought to my attention an alarming decline of immunity levels among pre-school children. Last year more than 40 percent of these children were unprotected against either polio, measles, rubella, diphtheria, pertussis, or tetanus. On polio, for example, the Department of Health, Education, and Welfare Center for Disease Control reports that immunization levels dropped from 79 percent in 1963 to 60 percent in 1973.

Our children are America’s future. Let us make that future a healthy one, for their sake and the Nation’s sake.

88 Stat. 2533

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, do hereby proclaim the week beginning October 20, 1974, as “Immunization Action Week,” and call upon all parents, educators, and medical personnel to exert renewed efforts during this week and throughout the year to immunize every American child against diseases for which vaccines are available.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of October, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford
4330 October 28, 1974 American Education Week, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4330 · October 28, 1974
American Education Week, 1974 By the President of the United States of America A Proclamation

The greatness of a nation of free institutions is measured by the degree of enlightenment of its citizens.

By that measure, ours is a great Nation. Our States provide schools for all Americans. And those schools—public, private and church-affiliated—are the vital centers of neighborhood and community life throughout the Nation.

It is most appropriate that the theme of this year’s American Education Week is “Stay Involved,” for there is no end to the educational process. “Staying involved” means that each of us is sufficiently concerned about the training and development of our young people to make the contribution to that educational process that our special training, experience, and perspective allow us to make.

I know that all Americans will resolve to stay involved in the educational process, for the knowledge we impart to our children today will determine the future of our people.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, do hereby designate the week of October 27 through November 2, 1974, as American Education Week.

88 Stat. 2534

I invite all Americans to join with me and the dedicated educators of our Nation in exploring the more vital role schools can play in neighborhood and community life.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day of October, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford
4331 October 28, 1974 National Parkinson Week, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4331 · October 28, 1974
National Parkinson Week, 1974 By the President of the United States of America A Proclamation

Parkinson’s disease is one of the most devastating afflictions threatening our older population. Experts have estimated that one in forty Americans past mid-life may develop the disorder. Over the centuries, it has caused incalculable suffering.

Nine years ago, when National Parkinson Week was first proclaimed, the outlook for Parkinson’s disease patients was one of increasing darkness. Today, however, the prospect is one of dawning hope. Because of progress in drug treatment, thousands of Americans formerly disabled by Parkinson’s disease are now leading more normal lives. Yet the battle is not won. Although drugs presently control the symptoms of Parkinson’s disease, they do not cure or arrest it. Because the cause is still unknown, prevention is not possible.

With the great strides which have been made in treatment, however, we have reason to hope that research will soon find the cause of the disorder and thousands of our older citizens will be spared this disabling affliction. In recognition of the need to heighten public awareness of this

79 Stat. 1070.

disease, the Congress has, by Public Law 89–294, authorized and requested the President to proclaim annually National Parkinson Week.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, do hereby proclaim the week beginning October 27 as National Parkinson Week, 1974. I invite the Governors of the88 Stat. 2535 States, the Commonwealth of Puerto Rico, and other areas subject to the jurisdiction of the United States to issue similar proclamations.

I also call upon the Nation’s communications media, the medical and health professions, Government and private agencies, and individuals concerned with Parkinson’s disease to sponsor activities during that week designed to inform every American of the need for their support as we continue in our efforts to prevent and cure Parkinson’s disease.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day of October, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford
4332 November 5, 1974 Emergency Medical Services Week, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4332 · November 5, 1974
Emergency Medical Services Week, 1974 By the President of the United States of America A Proclamation

Each week more than a thousand Americans die as a result of accidents, heart attacks, and other medical crises because emergency medical assistance is not available.

For many years, physicians and health professionals have been urging improved national facilities for emergency medical care. Last year the Congress passed the “Emergency Medical Services Systems Act of 1973”

42 USC 300d note.

to create a national thrust toward that goal.

Two Federal agencies, the Department of Health, Education, and Welfare and the Department of Transportation, are now working closely with States and communities to improve medical emergency services. Although many cities enjoy satisfactory services, the great majority of our communities, especially in rural areas, still require considerable improvement.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, do hereby designate the week beginning November 3, 1974, as Emergency Medical Services Week.

88 Stat. 2536

I call upon the Governors and mayors and all other State and local officials to assist hospital administrators and physicians, fire departments, and other public safety agencies in improving their emergency medical services.

I call upon Federal agencies, especially the two Departments mentioned above, to continue, with renewed vigor, their assistance to States and communities in accelerating their efforts to help those in need of emergency medical assistance.

And I call upon all our people to lend their support to these efforts. We are a traveling nation and none of us knows when we might need help far from home.

Let us affirm that the first year of this national legislation is only the beginning of our effort to improve this part of our total health care system so that no individual in this country will lack help when he needs it.

IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of November, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford
4333 November 11, 1974 Thanksgiving Day, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4333 · November 11, 1974
Thanksgiving Day, 1974 By the President of the United States of America A Proclamation

America and the world have changed enormously since the first Thanksgiving 353 years ago. From a tiny coastal enclave on an untamed continent, we have grown into the mightiest, freest nation in human history. A civilization whose farthest reach was once the earth’s uncharted seas has now plumbed the secrets of outer space.

But the fundamental meaning of Thanksgiving still remains the same. It is a time when the differences of a diverse people are forgotten and all Americans join in giving thanks to God for the blessings we share— the blessings of freedom, opportunity and abundance that make America so unique.

88 Stat. 2537

This year, in the midst of plenty, we still face serious problems and massive challenges. In giving thanks for the many things we hold dear, let us also pray for the courage, resourcefulness and sense of purpose we will need to continue America’s saga of progress, and to lie worthy heirs of the Pilgrim spirit. May we, too, find the strength and vision to leave behind us a better world, and an example that will inspire future generations to new achievements.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, in accordance with Section 6103 of Title 5 of the United States Code, do hereby proclaim Thursday, November 28, 1974, as a day of national thanksgiving.

I call upon all Americans to gather together in homes and places of worship on this date, to join in offering gratitude for the countless blessings our people enjoy, and to share with the elderly and the unfortunate this special day that brings us all closer together.

IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of November, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford
4334 November 16, 1974 Establishment of Tariffs and Quota on Certain Sugars, Sirups and Molasses Digitization Vendor By the President of the United States of America Proclamation Proclamation 4334 · November 16, 1974
Establishment of Tariffs and Quota on Certain Sugars, Sirups and Molasses By the President of the United States of America A Proclamation 1. WHEREAS, pursuant to section 201(a) of the Trade Expansion Act of 1962 (19 U.S.C. 1821(a)), on June 30, 1967, the President entered into a trade agreement consisting of the Geneva (1967) Protocol to the General Agreement on Tariffs and Trade, including a schedule

19 UST 1.

 of United States concessions annexed thereto (hereinafter referred to as “Schedule XX (Geneva—1967)”, together with the Final Act Authenticating

19 UST 1227.

 the Results of the 1964–67 Trade Conference Held under the Auspices of the Contracting Parties to the General Agreement, and88 Stat. 2538 by Proclamation No. 3822 of December 16, 1967 (82 Stat. 1455) proclaimed such modifications of existing duties and other import restrictions of the United States and such continuance of existing customs or excise treatment of articles imported into the United States as were then found to be required or appropriate to carry out that agreement on and after January 1, 1968; 2. WHEREAS, among such modifications and continuances, was

19 UST 1227.

 Note 1 of Unit A, Chapter 10, Part I of Schedule XX (Geneva—1967); 3. WHEREAS, Headnote 2, Subpart A, Part 10 of Schedule 1 of the Tariff Schedules of the United States (19 U.S.C. 1202, hereinafter referred to as (TSUS)), which was added to the TSUS by Proclamation No. 3822 on the basis of said note 1 referred to in recital 2, provides in relevant part as follows: 2. The rates in column numbered 1 in items 155.20 and 155.30 on January 1, 1968, shall be effective only during such time as Title II of

7 USC 1111.

 the Sugar Act of 1948 or substantially equivalent legislation is in effect in the United States . . . Provided, (i) That, if the President finds that a particular rate not lower than such January 1, 1968, rate, limited by a particular quota, may be established for any articles provided

Post, p. 2539.

 for in item 155.20 or 155.30, which will give due consideration to the interests in the United States sugar market of domestic producers and materially affected contracting parties to the General Agreement on Tariffs and Trade, he shall proclaim such particular rate and such quota limitation, to be effective not later than the 90th day following the termination of the effectiveness of such legislation; 4. WHEREAS, Section 201(a)(2) of the Trade Expansion Act of

19 USC 1821.

 1962 authorizes the President to proclaim the modification or continuance of any existing duty or other import restriction or such additional import restrictions as he determines to be required or appropriate to carry out any trade agreement entered into under the authority of that Act; 5. AND WHEREAS it is determined that the rates and quota limitation hereinafter established are appropriate to carry out the portion of a trade agreement referred to in recitals 2 and 3, and give due consideration to the interests in the United States sugar market of domestic producers and materially affected contracting parties to the General Agreement on Tariffs and Trade;

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, acting under the authority vested in me by the Constitution and statutes, including Section 201(a)(2) of the Trade Expansion Act of 1962 and in conformity with Headnote 2 of Subpart A88 Stat. 2539 of Part 10 of Schedule 1 of the TSUS do hereby proclaim until otherwise

19 USC 1202.

superseded by law:

(1) Subpart A, Part 10, Schedule 1 of the TSUS is modified by adding thereto a new headnote as follows: (3) The total amount of sugars, sirups, and molasses described in items 155.20 and 155.30, the products of all foreign countries, entered

Infra.

 in any calendar year shall not exceed, in the aggregate, 7,000,000 short tons, raw value. For the purposes of this headnote, the term “raw value” means the equivalent of such articles in terms of ordinary commercial raw sugar testing 96 degrees by the polariscope as determined in accordance with regulations issued by the Secretary of the Treasury. The principal grades and types of sugar shall be translated into terms of raw value in the following manner: (i) For sugar described in item 155.20, by multiplying the number of pounds thereof by the greater of 0.93, or 1.07 less 0.0175 for each degree of polarization under 100 degrees (and fractions of a degree in proportion). (ii) For sugar described in item 155.30, by multiplying the number of pounds of the total sugars thereof (the sum of the sucrose and reducing or invert sugars) by 1.07. (iii) The Secretary of the Treasury shall establish methods for translating sugar into terms of raw value for any special grade or type of sugar for which he determines that the raw value cannot be measured adequately under the above provisions. (2) The rate of duty in rate column numbered 1 for items 155.20 and 155.30 is established as follows:
155.20 0.6625¢ per lb. less 0.009375¢ per lb. for each degree under 100 degrees (and fractions of a degree in proportion) but not less than 0.428125¢ per lb.
155.30 Dutiable on total sugars at the rate per lb. applicable under Item 155.20 to sugar testing 100 degrees.
(3) The provisions of this proclamation shall become effective with respect to articles entered, or withdrawn from warehouse, for consumption on and after January 1, 1975, and shall remain in effect until the President otherwise proclaims or until otherwise superseded by law.

IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of November, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford
4335 November 16, 1974 Temporary Quantitative Limitation on the Importation into the United States of Certain Cattle, Beef, Veal, Swine and Pork From Canada Digitization Vendor By the President of the United States of America Proclamation 88 Stat. 2540 Proclamation 4335 · November 16, 1974
Temporary Quantitative Limitation on the Importation into the United States of Certain Cattle, Beef, Veal, Swine and Pork From Canada By the President of the United States of America A Proclamation WHEREAS, Section 252(a) of the Trade Expansion Act of 1962 (19 U.S.C. 1882(a)) authorizes the President to impose duties or other import restrictions on the products of any foreign country establishing or maintaining unjustifiable import restrictions against United States agricultural products which impair the value of tariff commitments made to the United States, oppress the commerce of the United States, or prevent the expansion of trade on a mutually advantageous basis; WHEREAS, Canada has imposed unjustifiable restrictions on cattle and meat imports from the United States; WHEREAS, such restrictions violate the commitments of Canada made to the United States, including the provisions of Article XI of

61 Stat. A32.

 the General Agreement on Tariffs and Trade, and impair the value of tariff commitments made to the United States, oppress the commerce of the United States and prevent the expansion of trade on a mutually advantageous basis; and WHEREAS, I deem it necessary and appropriate to impose the restrictions hereinafter proclaimed on imports of cattle, beef, veal, swine, and pork, which are the products of Canada, in order to obtain the removal of such unjustifiable restrictions and to provide access for United States cattle and meat to the markets of Canada on an equitable basis;

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, acting under the authority vested in me by

USC prec. title 1.

the Constitution and statutes, including Section 252(a) of the Trade Expansion Act of 1962 (19 U.S.C. 1882(a)), do hereby proclaim (until such time as the President otherwise proclaims)—

(1) Subpart B of part 2 of the Appendix to the Tariff Schedules of

19 USC 1202.

 the United States (TSUS) is amended by inserting in numerical sequence the following new items: 88 Stat. 2541
Item Articles Quota Quantity
  Whenever, in any 12-month period beginning August 12 in 1974 or in any succeeding year, the respective quantity or aggregate quantity of the cattle, the swine, the beef and veal, or the pork specified below, the product of Canada, has been entered, no such cattle, swine, beef and veal, or pork, respectively, the product of Canada, may be entered during the remainder of such period:  
945.01 Cattle provided for in items 100.40, 100.43, 100.45, 100.53, and 100.55 of part 1, schedule 1. 17,000 head (aggregate quantity).
945.02 Swine provided for in item 100.85 of part 1, schedule 1. 50,000 head.
945.03 Beef and veal, fresh, chilled, frozen, prepared, or preserved, provided for in items 106.10 and 107.60, part 2B, schedule 1. 17,000,000 pounds (aggregate quantity).
945.04 Pork, fresh, chilled, frozen, prepared or preserved, provided for in items 106.40, 107.30 and 107.35, part 2B, schedule 1. 36,000,000 pounds (aggregate quantity).
(2) Notwithstanding the provisions of paragraph (1) hereof, not in excess of one-twelfth of the respective quota quantity specified for each item in said paragraph (1) may be entered, or withdrawn from warehouse, for consumption during the 30 day period beginning on the date of this proclamation. (3) The provisions of this proclamation shall become effective upon publication in the Federal Register, but the provisions of paragraph (1) hereof do not apply to any articles in excess of the respective quota quantity specified for each item in said paragraph (1) which— (a) prior to such date of publication, have been duly entered, or withdrawn from warehouse, for consumption or have been released under the provisions of section 448(b) of the Tariff Act of 1930 (19 U.S.C. 1448(b)),or (b) have been entered or withdrawn pursuant to paragraph (2) hereof.

IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of November in the year of our Lord nineteen hundred and seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford
4336 November 27, 1974 Wright Brothers Day, 1974 Digitization Vendor By the President of the United States of America Proclamation 88 Stat. 2542 Proclamation 4336 · November 27, 1974
Wright Brothers Day, 1974 By the President of the United States of America A Proclamation

On December 17, 1903, near Kitty Hawk, North Carolina, Orville and Wilbur Wright revolutionized transportion in America and the world. The two brothers made the first successful flight in a heavier-than-air, mechanically-propelled airplane designed and built by them after years of difficult experimentation.

In the 71 years since their epic flight, aviation and space technology has contributed to closer ties among the peoples of the world by igniting their imagination, promoting commerce, and encouraging travel.

To commemorate the historic achievements of the Wright brothers,

36 USC 169.

the Congress, by a joint resolution of December 17, 1963 (77 Stat. 402), designated the seventeenth day of each December as Wright Brothers Day. It requested that the President issue annually a proclamation inviting the people of the United States to observe that day with appropriate ceremonies and activities.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, do hereby call upon the people of this Nation, and their local and national government officials, to observe Wright Brothers Day, December 17, 1974, with appropriate ceremonies and activities to recall the accomplishments of the Wright brothers and to encourage further aviation advances in this country and throughout the world.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day of November, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford
4337 December 3, 1974 Bill of Rights Day Human Rights Day and Week Digitization Vendor By the President of the United States of America Proclamation 88 Stat. 2543 Proclamation 4337 · December 3, 1974
Bill of Rights Day Human Rights Day and Week By the President of the United States of America A Proclamation

Two hundred years ago, in September 1774, the First Continental Congress assembled in Carpenters’ Hall, in Philadelphia, and set in motion a course of human events which created the United States. The system of government begun there, and the high principles on which it rests, continues today as the source of vitality for our society.

Anticipating the bicentennial of this Nation’s independence, now is an excellent time to pause and consider the groundwork the delegates to Philadelphia laid for our independence. The First Continental Congress adopted a resolution asserting, among other things, the rights of the American people to life, liberty, and property; to participation in the legislative councils of government; to the heritage of the common law; to trial by jury; and to assemble and petition for redress of grievances. This resolution foreshadowed the Declaration of Independence and the Bill of Rights.

USC prec. title 1.

It is altogether fitting to mark the 2OOth anniversary of this noble beginning of the Continental Congress. Beyond that, it is imperative that all of us study and cherish the ideas and ideals which bore fruit in the great constitutional documents of our country. At the same time, we should take the opportunity, whenever possible, to strengthen the liberties which have been assured us in the Bill of Rights, ratified one hundred and eighty-three years ago this week, on December 15, 1791.

America’s concern with human rights is not something that ends at our borders. Benjamin Franklin wrote to a friend in 1789:

“God grant, that not only the Love of Liberty, but a thorough Knowledge of the Rights of Man, may pervade all the Nations of the Earth, so that a Philosopher may set his Foot anywhere on its Surface, and say, ‘This is my Country’.”

Franklin’s spirit of universality has found rich modern expression in the Universal Declaration of Human Rights. The link between it and our Bill of Rights is clear. On December 10, we celebrate the twenty-88 Stat. 2544sixth anniversary of the Universal Declaration of Human Rights adopted by the United Nations General Assembly. The General Assembly said that the Universal Declaration stands as “a common standard of achievement for all peoples and nations,” reminding us that “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.”

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, do hereby proclaim December 10, 1974, as Human Rights Day and December 15, 1974, as Bill of Rights Day. I call upon the people of the United States to observe the week beginning December 10, 1974, as Human Rights Week. Further, I ask all

USC prec. title 1.

Americans to reflect deeply on the values inherent in the Bill of Rights and the Universal Declaration of Human Rights and draw on those values to promote peace, justice, and civility at home and around the world.

IN WITNESS WHEREOF, I have hereunto set my hand this third day of December, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford
4338 December 5, 1974 National Day of Prayer, 1974 Digitization Vendor By the President of the United States of America Proclamation Proclamation 4338 · December 5, 1974
National Day of Prayer, 1974 By the President of the United States of America A Proclamation

Ours is a Nation built upon a belief in a Creator who has endowed all men with inalienable rights, and faith in that Creator permeates every aspect of our way of life.

With characteristically quiet eloquence, President Dwight D. Eisenhower once described the central role of religion in American life:

“Without God there could be no American form of government, nor an American way of life. Recognition of the Supreme Being is the first—88 Stat. 2545 the most basic—expression of Americanism. Thus the founding fathers of America saw it, and thus with God’s help, it will continue to be.”

Let us pray, each in our own way, for the strength and the will to meet the challenges that face us today with the same profound faith in God that inspired the Founders of this Nation.

Let us pray, as our Fathers prayed, for the wisdom to know God’s way and the determination to follow it.

Let us pray that God will continue to bless this great and good land as abundantly in the future as he has in the past.

In 1952 the Congress directed the President to set aside a suitable day other than a Sunday each year as a National Day of Prayer, in recognition

36 USC 185.

of the profound religious faith on which America is built.

NOW, THEREFORE, I, Gerald R. Ford, President of the United States of America, do hereby proclaim Wednesday, December 18, as National Day of Prayer, 1974.

I call upon all Americans to pray that day, each after his or her own manner and convictions, for Deity’s blessing on our land and for peace on earth, goodwill among all men.

IN WITNESS WHEREOF. I have hereunto set my hand this fifth day of December, in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred ninety-ninth.

Gerald R. Ford
GUIDE TO LEGISLATIVE HISTORY
OF PUBLIC LAWS

GUIDE TO LEGISLATIVE HISTORY OF

(93d CONGRESS

Note: Companion bills
Public Law 88
Stat.		 Bill No. House
No. Date approved Report
No.		 Committee reporting
  1974        
93–240 Jan. 31 3 H. R. 9256 93–459 Post Office and Civil Service
        93–706 [Conference]
93–247 Jan. 31 4 S. 1191 93–685 Education and Labor
93–248 Feb. 5 8 S. 1070 (H. R. 5975) 93–760 Merchant Marine and Fisheries
93–249 Feb. 8 11 S. J. Res. 185 (H. J.) 93–786 Interstate and Foreign Commerce.
      Res. 893). 93–787 Rules
93–250 Mar. 2 11 S. 37 (H. R. 11137) 93–697 Government Operations
93–251 Mar. 7 12 H. R. 10203 (S. 2798) 93–541 Public Works
      (S. 606). 93–796 [Conference]
93–252 Mar. 16 49 H. J. Res. 905 93–809 Government Operations
93–253 Mar. 16 50 H. R. 8245 93–303 Government Operations
93–254 Mar. 22 50 H. R. 5450 93–568 Merchant Marine and Fisheries
93–255 Mar. 27 52 S. 2315 93–791 Post Office and Civil Service
93–256 Mar. 28 52 H. R. 13025 93–871 Ways and Means
93–257 Mar. 29 53 S. 3228 ........
93–258 Apr. 2 54 H. R. 5236 (S. 265) 93–782 Interior and Insular Affairs
93–259 Apr. 8 55 S. 2747 (H. R. 12435). 93–913 Education and Labor
        93–953 [Conference]
93–260 Apr. 9 76 S. 2174 93–882 Post Office and Civil Service
93–261 Apr. 11 76 H. J. Res. 941 93–951 Appropriations
93–262 Apr. 12 77 S. 1341 (H. R. 6371) 93–907 Interior and Insular Affairs
93–263 Apr. 12 83 H. R. 12465 93–811 Foreign Affairs
93–264 Apr. 12 84 H. R. 12341 93–810 Foreign Affairs
93–265 Apr. 12 84 S. 969 93–931 Judiciary
93–266 Apr. 12 85 S. 1836 93–932 Judiciary
93–267 Apr. 12 85 S. 2441 93–933 Judiciary
93–268 Apr. 17 85 H. R. 6186 93–654 District of Columbia
        93–955 [Conference]
93–269 Apr. 18 87 H. R. 12253 93–965 [Conference]
93–270 Apr. 22 90 S. 1745 (H. R. 11386). 93–758 Interstate and Foreign Commerce
93–271 Apr. 22 92 H. R. 13542 93–952 Merchant Marine and Fisheries
93–272 Apr. 24 93 H. R. 12109 93–922 District of Columbia
93–273 Apr. 26 93 S. 1866 (H. R. 9107) 93–460 Post Office and Civil Service
A2

BILLS ENACTED INTO PUBLIC LAW

2d SESSION)

are in parenthesis
Senate Dates of consideration and passage: Congressional Record. Vol. 119 (1973); Vol. 120 (1974) Presidential statement: Public Papers of the Presidents
Report
No.		 Committee reporting House Senate
        Nixon: 1974
93–511 Post Office and Civil Service Sept. 20, Dec. 18, 1973. Nov. 16, Dec. 7, 1973.  
93–308 Labor and Public Welfare Dec. 3, 21, 1973. July 14, Dec. 20, 1973.  
93–482 Commerce Jan. 22, 1974 Nov. 5, 1973  
    Feb. 7, 1974 Feb. 5, 1974  
93–237 Government Operations Dec. 17, 1973 June 25, 1973; Feb. 7, 1974.  
93–615,
93–6		 } Public Works Oct. 12, 1973; Feb. 19, 1974. Jan. 31, Feb. 1, 1973; Jan. 21, 22. Feb. 21, 1974. Mar. 7.
    Feb. 28, 1974 Mar. 1, 1974  
93–588 Government Operations July 17, 1973; Mar. 5, 1974. Nov. 30, Dec. 3, 1974.  
93–726 Commerce Oct. 16, 1973 Mar. 8, 1974  
93–490 Post Office and Civil Service Mar. 4, 1974 Nov. 13, 1973; Mar. 19, 1974.  
93–735 Finance Mar. 5, 21, 1974. Mar. 13, 22, 1974.  
    Mar. 25, 1974 Mar. 22, 1974  
93–725 Interior and Insular Affairs Mar. 4, 1974 Mar. 7, 20, 1974.  
93–690 Labor and Public Welfare Mar. 20, 28, 1974. Feb. 28, Mar. 5, 7, 28, 1974. Apr. 8.
93–395 Post Office and Civil Service Mar. 19, 1974 Sept. 20, 1973; Mar. 27, 1974.  
93–759 Appropriations Mar. 27, 1974 Mar. 29, 1974  
93–348 Interior and Insular Affairs Mar. 18, Apr. 1, 1974. July 28, 1973; Mar. 27, 1974. Apr. 13.
93–753 Foreign Relations Mar. 13, 1974 Mar. 29, 1974  
93–752 Foreign Relations Mar. 13, 1974 Mar. 28, 1974  
93–252 Judiciary Apr. 1, 1974 June 27, 1973  
93–578 Judiciary Apr. 1, 1974 Nov. 28, 1973  
93–576 Judiciary Apr. 1, 1974 Nov. 28, 1973  
93–618 District of Columbia Nov. 26, Dec. 19, 20, 1973; Apr. 2, 1974. Dec. 14, 1973; Apr. 3, 1974.  
93–674 Labor and Public Welfare Jan. 28, Mar. 12, Apr. 4, 1974. Feb. 5, Apr. 4, 1974.  
93–606 Labor and Public Welfare Jan. 21, Apr. 10, 1974. Apr. 2, 1974 Dec. 11, 1973; Mar. 6, 1974. Apr. 9, 1974  
93–774 District of Columbia Mar. 25, 1974 Apr. 11, 1974  
93–353 Post Office and Civil Service Dec. 7, 1973; Mar. 5, 1974. Sept. 11, 1973; Apr. 3, 4, 1974.  
A3 A4

GUIDE TO LEGISLATIVE HISTORY OF
Public Law 88
Stat.		 Bill No. House
No. Date approved Report
No.		 Committee reporting
  1974        
93–274 May 6 94 S. 2770 93–883 Armed Services
        93–984 [Conference]
93–275 May 7 96 H. R. 11793 (S. 2776). 93–748 Government Operations
        93–999 [Conference]
93–276 May 10 115 S. 3292 (H. R. 13919). 93–969 Joint Committee on Atomic Energy.
93–277 May 10 119 S. 2771 93–857 Armed Services
        93–985 [Conference]
93–278 May 10 121 S. 1647 (H. R. 3927) 93–402 Education and Labor
93–279 May 10 122 H. R. 9492 93–675 Interior and Insular Affairs
93–280 May 10 123 H. R. 8101 93–958 Merchant Marine and Fisheries
93–281 May 14 124 S. 1115 (H. R. 12503). 93–884 Interstate and Foreign Commerce.
93–282 May 14 125 S. 1125 (H. R. 11387). 93–759 Interstate and Foreign Commerce.
93–283 May 14 139 H. R. 9293 93–509 Merchant Marine and Fisheries
93–284   141 S. 2509 93–996 Public Works
93–285 May 21 142 H. R. 5525 93–905 Interior and Insular Affairs
93–286 May 21 142 H. R. 5035 93–790 Interior and Insular Affairs
93–287 May 21 143 S 3304 93–1023 Foreign Affairs
93–288 May 22 143 S. 3062 93–1037 [Conference]
93–289 May 24 165 H. R. 6574 (S. 1835), (S. 383). 93–132 Veterans Affairs
93–290 May 24 173 H. R. 3418 93–718 Armed Services
93–291 May 24 174 S. 514 (H. R. 296) 93–992 Interior and Insular Affairs
93–292 May 28 176 H. R. 5621 93–719 Armed Services
93–293 May 31 176 S. 3398 (H. R. 12628). 93–792 Veterans Affairs
93–294   177 H. R 12670 93–799 Armed Services
93–295 May 31 180 S. 3072 (H. R. 14117) 93–991 Veterans Affairs
93–296 May 31 184 S. 775 (H. R. 6175) 93–906 Interstate and Foreign Commerce
93–297 June 1 187 H. R. 6541 93–783 Interior and Insular Affairs
93–298 June 1 188 S. 2835 (H. R. 13685). 93–1038 Agriculture
93–299 June 1 189 H. R. 6542 93–784 Interior and Insular Affairs
93–300 June 1 190 II. R. 10942 93–936 Merchant Marine and Fisheries
93–301 June 1 190 H. R. 10284 93–785 Interior and Insular Affairs
93–302 June 1 191 H. R. 12920 93–875 Foreign Affairs
93–303 June 7 192 S. 2844 93–1076 Interior and Insular Affairs
93 304   194 S 2662 ........
93–305 June 8 195 H. R. 14013 93–977 Appropriations
        93–1070 [Conference]
93–306 June 8 232 H. R. 11223 93–937 Merchant Marine and Fisheries
93–307 June 8 233 H. R. 12565 (S. 2999) 93–934 Armed Services
        93–1064 [Conference]
93–308   234 H. R. 12925 93–930 Merchant Marine and Fisheries
93–309 June 8 234 H. R. 1817 93–666 Banking and Currency
93–310 June 8 235 H. R. 8215 93–312 Ways and Means
93–311 June 8 236 S. 1752 93–366 Banking and Currency
A5

BILLS ENACTED INTO PUBLIC LAW
Senate Dates of consideration and passage: Congressional Record. Vol. 119 (1973); Vol. 120 (1974) Presidential statement: Public Papers of the Presidents
Report
No.		 Committee reporting House Senate
93–658 Armed Services Apr. 2, 23, 1974. Dec. 20, 1973; Apr. 23, 1974. Nixon: 1974
93–634 Government Operations Jan. 29, Mar. Dec. 19, 1973; May 7.
93–788 [Conference] 5–7, Apr. 29, 1974. Mar. 13, May 2, 1974.  
93–773 Joint Committee on Atomic Energy. Apr. 23, 1974 Apr. 11, 24, 1974.  
93–659 Armed Services Mar. 18, Apr. 24, 1974. Dec. 20, 1973; Apr. 23, 1974.  
93–777 Labor and Public Welfare Oct. 24, 1973; Apr. 23, 1974. Apr. 11, 29, 1974.  
93–738 Interior and Insular Affairs Dec. 3, 1973; Apr. 10, 25, 1974. Mar. 22, Apr. 23, 1974.  
  Apr. 2, 30, 1974. Apr. 11, 1974  
93–192 Judiciary Mar. 19, 1974 June 8, 1973; May 1, 1974. May 14.
93–208 Labor and Public Welfare Jan. 21, May 6, 1974. June 21, 1973; Mar. 21, 1974. May 14.
93–770 Commerce Sept. 18, 1973; May 1, 1974. Apr. 8, 1974  
93–625 Public Works May 6, 1974 Dec. 14, 1973  
93–817 Interior and Insular Affairs Apr. 1, 1974 May 8, 1974  
93–816 Interior and Insular Affairs Mar. 4, 1974 May 8, 1974  
93–780 Foreign Relations. May 7, 1974 Apr. 10, 1974  
93–778 Public Works Apr. 11, May 15, 1974. Apr. 10, May 9, 1974. May 22.
93–723 Veterans Affairs May 7, 1973; Apr. 8, 1974  
93–769 Armed Services May 9, 1974.  
93–839 Armed Services Dec. 17, 1973 May 14, 1974  
93–163 Interior and Insular Affairs May 6, 1974 May 22, 1973; May 9, 1974.  
93–840 Armed Services Dec. 17, 1973; May 15, 1974. May 13, 1974  
93–843 Veterans Affairs Feb. 19, May 15, 23, 1974. May 13, 21, 1974. May 31.
93–841 Armed Services Feb. 21, May 23, 1974. May 21, 1974  
93–798 Veterans Affairs May 7, 23, 1974 May 2 20, 1974 May 31.
93–299 Labor and Public Welfare May 1, 2, 1974 July 9, 1973; May 16, 1974.  
93–855 Interior and Insular Affairs Mar. 4, 1974 May 21, 1974  
93–756 Agriculture and Forestry May 20, 1974 Mar. 28, 1974  
93–856 Interior and Insular Affairs Mar. 4, 1974 May 21, 1974  
93–851 Commerce Apr. 2, 1974 May 20, 1974  
93–858 Interior and Insular Affairs Mar. 4, 1974 May 21, 1974  
93–793 Foreign Relations Mar. 21, May 15, 1974. May 2, 21, 1974.  
93–745 Interior and Insular Affairs June 4, 1974 Mar. 29, June 5, 1974.  
93–700 Foreign Relations May 29, 1974 Mar. 11, 1974  
93–814 Appropriations Apr. 10, June 4, 1974. May 6, 7, June 5, 1974. June 11.
93–881 Commerce Apr. 2, 1974 May 30, 1974  
93–781 Armed Services Apr. 4, June 4, 1974. May 6, 7, June 5, 1974.  
93–882 Commerce Apr. 2, 1974 May 30, 1974  
93–872 Banking, Housing and Urban Affairs. Dec. 3, 1973 May 28, 1974  
93–888 Finance June 27, 1973; June 3, 1974. May 31, 1974  
93–138 Banking, Housing and Urban Affairs. May 14, 1974 May 10, 1973; May 31, 1974.  
A6

GUIDE TO LEGISLATIVE HISTORY OF
Public Law 88
Stat.		 Bill No. House
No. Date approved Report
No.		 Committee reporting
  1974      
93–312 June 8 237 H. R. 12466 93–812 Foreign Affairs
93–313 June 8 238 H. R. 10972 93–929 Merchant Marine and Fisheries
93–314 June 8 239 S. 3373 93–1069 House Administration
93–315 June 22 239 H. R. 13839 (S. 2986). 93–1066 Banking and Currency
93–316 June 22 240 H. R. 13998 93–983 Science and Astronautics
        93–1078 [Conference]
93–317 June 22 244 S. J. Res. 206 (H. J. Res. 876). 93–1058 Armed Services
93–318 June 22 244 S. 1585 93–948 Judiciary
93–319 June 22 246 H. R. 14368 93–1013 Interstate and Foreign Commerce.
        93–1085 (Conference]
93–320 June 24 266 H. R. 12165 (S. 2940). 93–1057 Interior and Insular Affairs
93–321 June 30 275 H. J. Res. 1061 93–1136 Appropriations
93–322 June 30 276 H. R. 14434 93–1010 Appropriations
        93–1123 [Conference]
93–323 June 30 280 H. J. Res. 1056 ........  
93–324 June 30 281 H. J. Res. 1062 93–1119 Appropriations
        93–1158 [Conference]
93–325 June 30 285 H. R. 14832 93–1050 Ways and Means
93–326 June 30 286 H. R. 14354 (S. 3459). 93–1022 Education and Labor
        93–1104 [Conference]
93–327 June 30 287 H. J. Res. 1057 ........  
93–328 June 30 287 S. 411 93–1084 Post Office and Civil Service
93–329 June 30 288 H. R. 14833 93–1065 Ways and Means
93–330 June 30 288 H. R. 8586 93–947 Merchant Marine and Fisheries
93–331 July 4 289 S. J. Res. 218  
93–332 July 8 289 H. R. 12799 93–904 Foreign Affairs
        93–1125 [Conference]
93–333 July 8 290 H. R. 12412 93–816 Foreign Affairs
        93–1126 [Conference]
93–334 July 8 290 H. R. 8747 93–921 District of Columbia
93–335 July 8 291 H. R. 15124 93–1081 Ways and Means
93–336 July 8 291 H. R. 9800 93–539 Judiciary
93–337 July 10 292 S. 3705 ........  
93–338 July 10 293 S. 3490 .........  
93–339 July 10 293 H. R. 14291 93–1020 Foreign Affairs
93–340 July 10 294 H. R. 8660 93–892 Post Office and Civil Service
93–341 July 10 295 H. R. 8977 93–773 Merchant Marine and Fisheries
93–342 July 10 295 H. R. 13221 93–1047 Interior and Insular Affairs
93–343 July 10 296 H. R. 15296 93–1106 Education and Labor
93–344 July 12 297 H. R. 7130 (S. 1541) 93–658 Rules
        93–1101 [Conference]
93–345 July 12 339 S. 2137 93–1162 House Administration
93–346 July 12 340 S. J. Res. 202 93–1079 Armed Services
93–347 July 12 340 S. 3458 (H. R. 14992). 93–1110 Agriculture
        93–1154 [Conference]
93–348 July 12 342 H. R. 7724 93–224 Interstate and Foreign Commerce.
        93–1148 [Conference]
A7

BILLS ENACTED INTO PUBLIC LAW
Senate Dates of consideration and passage: Congressional Record. Vol. 119 (1973); Vol. 120 (1974) Presidential statement: Public Papers of the Presidents
Report
No.		 Committee reporting House Senate
93–754 Foreign Relations Mar. 13, May 29, 1974. Mar. 29, 1974 Nixon: 1974
93–852 Commerce Apr. 2, 1974 May 21, 22, 1974.  
93–824 Rules and Administration. June 4, 1974 May 7, 1974  
93–775 Banking, Housing and Urban Affairs. June 13, 1974 Apr. 29, May 1, 9, June 19, 1974.  
93–818 Aeronautical and Space Sciences Apr. 25, June 12, . May 9, 30, 1974.  
93–886 [Conference] 1974.  
93–887 Armed Services June 12, 1974 June 3, 1974  
93–205 Agriculture and Forestry Apr. 2, 1974 June 14, 1973; June 18, 1974.  
  May 1, June 11, 1974. May 14, June 12, 1974. June 26.
93–906 Interior and Insular Affairs June 11, 13, 1974. June 12, 1974 June 24.
93–963 Appropriations. June 24, 1974 June 26, 1974  
93–903 Appropriations Apr. 30, June 24, 1974. June 10, 12, 24, 1974.  
  June 24, 1974 June 25, 1974  
93–951 Appropriations June 20, 27, 1974. June 24, 27, 1974.  
93–926 Finance May 23, 1974 June 17–21, 2426, 1974.  
93–830 Agriculture and Forestry May 7, June 17, 1974. May 21, June 18, 1974.  
  June 25, 1974 June 25, 1974  
93–765 Post Office and Civil Service June 19, 1974 May 9, 1974  
93–927 Finance June 3, 27, 1974. June 25, 27, 1974.  
93–933 Commerce Apr. 2 1974 June 18, 1974  
  July 1, 1974 June 26, 1974  
93–836 Foreign Relations Apr. 23, 24, June 26, 1974. May 15, June 21, 1974.  
93–835 Foreign Relations Mar. 28, June 26, 1974. May 15, June 21, 1974.  
93–943 District of Columbia Mar. 25, 1974 June 21 1974  
  June 18 1974 June 20, 1974  
93–973 Judiciary Oct. 15, 1973 June 27, 1974  
93–977 Veterans Affairs June 27, 1974 June 26 1974  
93–962 Public Works June 26 1974 June 26 27 1974  
93–893 Commerce May 7, June 25, 1974. June 7, 1974  
93–946 Post Office and Civil Service Mar. 18, 1974 June 26, 1974  
93–939 Commerce Feb. 4, June 28, 1974 June 20, 1974  
93–958 Interior and Insular Affairs May 21, 1974 June 26, 1974  
93–979 Labor and Public Welfare June 17, 1974  
93–579 Government Operations Dec. 4, 5, 1973; Mar. 13, 19–22, July 12.
93–688 Rules and Administration June 18, 1974. June 21, 1974.  
93–924 [Conference]  
93–868 Rules and Administration July 1, 1974 May 28, 1974  
93–844 Armed Services June 12, 28, 1974. May 16, June 26, 1974.  
93–829 Agriculture and Forestry June 17, 28, 1974. May 21, June 27, 1974.  
93–978 [Conference]  
93–381 Labor and Public Welfare May 31, 1973; June 28, 1974. Sept. 11, 1973; June 27, 1974.  
A8

GUIDE TO LEGISLATIVE HISTORY OF
Public Law 88
Stat.		 Bill No. House
No. Date approved Report
No.		 Committee reporting
1974        
93–349 July 12 354 H. R. 29 93–120 Post Office and Civil Service
93–350 July 12 355 H. R. 9281 93–463 Post Office and Civil Service
93–351 July 12 357 H. R. 11105 93–914 Education and Labor
93–352 July 23 358 S. 2893 (H. R. 13053). 93–954 Interstate and Foreign Commerce.
        93–1164 [Conference]
93–353 July 23 362 H. R. 11385 93–757 Interstate and Foreign Commerce.
        93–1170 [Conference]
93–354 July 23 373 8. 2830 (H. R. 12417). 93–894 Interstate and Foreign Commerce.
        93–1147 [Conference]
93–355 July 25 378 H. R. 7824 (S. 2686) 93–247 Education and Labor
        93–1039 [Conference]
93–356 July 25 390 S. 3311 (H. R. 14494). 93–1168 Government Operations
93–357 July 25 391 S. 3679 (H. R. 15560). 93–1171 Agriculture
93–358 July 25 392 H. R. 11143 (S. 2687). 93–808 Government Operations
93–359 July 25 393 S. 1803 93–1095 Post Office and Civil Service
93–360 July 26 395 8. 3203 (H. R. 13678). 93–1051 Education and Labor
        93–1175 [Conference]
93–361 July 30 397 H. R. 15461 (S. 3684). 93–1144 Judiciary
93–362 July 30 398 H. R. 11295 93–752 Merchant Marine and Fisheries
        93–1190 [Conference]
93–363 July 30 398 H. R. 9440 (S. 2619) 93–815 Post Office and Civil Service
93–364 Aug. 2 399 H. R. 377 93–780 Interior and Insular Affairs
93–365 Aug. 5 399 H. R. 14592 (S. 3000). 93–1035 Armed Services
        93–1212 [Conference]
93–366 Aug. 5 409 8. 39 (H. R. 3858) 93–885 Interstate and Foreign Commerce.
        93–1194 [Conference]
93–367 Aug. 7 419 S. J. Res. 228 ........  
93–368 Aug. 7 420 H. R. 8217 93–313 93–1197 Ways and Means [Conference]
93–369 Aug. 10 423 H. R. 13264 93–1130 Agriculture
93–370 Aug. 10 423 H. R. 10309 93–762 Merchant Marine and Fisheries
93–371 Aug. 13 424 H. R. 14012 93–976 93–1210 Appropriations [Conference]
93–372 Aug. 14 444 H. J. Res. 1104 ........  
93–373 Aug. 14 445 S. 2665 (H. R. 11354), (H. R. 15465). 93–749 93–1142 } Banking and Currency
93–374 Aug. 14 445 S. J. Res. 229 ........  
93–375 Aug. 14 446 S. 3477 (H. R. 13608). 93–1173 District of Columbia
93–376 Aug. 14 446 H. R. 15074 93–1080 District of Columbia
        93–1225 [Conference]
A9

BILLS ENACTED INTO PUBLIC LAW
Senate Dates of consideration and passage: Congressional Record. Vol. 119 (1973); Vol. 120 (1974) Presidential statement: Public Papers of the Presidents
Report
No.		 Committee reporting House Senate
93–947 Post Office and Civil Service May 7, 1973; June 28, 1974. June 21, 1974 Nixon: 1974
93–948 Post Office and Civil Service Sept. 20, 1973; June 28, 1974. June 24, 1974  
93–932 Labor and Public Welfare Mar. 19, June 26, 1974. June 19, 27, 1974.  
93–736 Labor and Public Welfare May 1, 2, July 9, 1974. Mar. 26, July 10, 1974.  
93–764 Labor and Public Welfare Jan. 21, July 11, 1974. May 2, July 10, 1974.  
93–653 Labor and Public Welfare Mar. 19, July 9, 1974. Dec. 20, 1973; July 10, 1974.  
93–495 Labor and Public Welfare June 21, 1973; Dec. 10, 12–14,  
93–845 [Conference] May 16, July 16, 1974. 1973; Jan. 28–31, July 16, 18, 1974.  
93–901 Government Operations July 15, 1974 June 6, 1974.  
93–949 Agriculture and Forestry July 16, 1974 June 21, 24, July 17, 1974. July 26.
93–908 Labor and Public Welfare Mar. 4, July 15, 1974. June 13, 1974  
93–339 Rules and Administration June 17, 1974 July 24, 1973; July 11, 1974.  
93–766 Labor and Public Welfare May 30, May 2, 3, 7,  
93–988 [Conference] July 11, 1974. July 10, 1974.  
93–1023 Judiciary July 1, 1974 July 24, 1974  
93–892 Commerce Jan. 22, July 16, 1974. June 5, July 15, 1974.  
93–391 Post Office and Civil Service Mar. 5, July 17, 1974. July 11, 15, 1974.  
93–1017 Interior and Insular Affairs Mar. 4, 1974 July 18, 1974  
93–884 93–1038 Armed Services [Conference] May 20, 22, July 29, 1974. June 3–7, 10, 11, July 30, 1974. Aug. 5.
93–13 Commerce Mar 13, July 17, 1974. Feb. 21, 1973; July 23, 1974.  
  Aug. 5, 1974 July 30, 1974  
93–786 93–1018 Finance [Conference] Oct. 2, 1973; July 31, 1974. June 27, July 31, 1974.  
93–1036 Agriculture and Forestry July 1, 1974 July 31, 1974 Ford: 1974
93–1034 Commerce Jan. 22, 1974 July 31, 1974  
93–945 Appropriations Apr. 9, Aug. 1, 1974. June 20, Aug. 2, 1974.  
  Aug. 5, 1974 Aug. 7, 1974  
93–834 Foreign Relations July 2, 31, 1974 May 22, 29, July 25, 30, 1974.  
  Aug. 5, 1974 July 30, Aug. 7, 1974.  
93–965 District of Columbia July 9, 1974 June 27, July 30, 1974.  
93–967 District of Columbia June 10, Aug. 1, 1974. June 27, July 25, 1974.  
A10

GUIDE TO LEGISLATIVE HISTORY OF
Public Law 88
Stat.		 Bill No. House
No. Date approved Report
No.		 Committee reporting
  1974        
93–377 Aug. 17 472 S. 3669 (H. R. 15416). 93–1155 Joint Committee on Atomic Energy.
93–378 Aug. 17 476 S. 2296 (H. R. 15283) 93–1163 Agriculture
        93–1226 [Conference]
93–379 Aug. 21 480 H. R. 12832 93–924 District of Columbia
93–380 Aug. 21 484 H. R. 69 (S. 1539) 93–805 Education and Labor
93–381 Aug. 21 613 H. R. 15544 93–1132 Appropriations
        93–1262 (Conference]
93–382 Aug. 22 633 H. J. Res. 1105  
93–383 Aug. 22 633 S. 3066 (H. R. 15361). 93–1114 Banking and Currency
        93–1279 [Conference]
93–384 Aug. 23 741   93–1254 House Administration
93–385 Aug. 23 741 S. 3782 (H. R. 16077). 93–1240 Interstate and Foreign Commerce.
93–386 Aug. 23 742 S. 3331 (H. R 15578). 93–1178 Banking and Currency
93–387 Aug. 24 750 S. 3919 ........  
93–388 Aug. 24 752 H. R. 7218 . 93–653 District of Columbia
93 389   763 H R 11108 93–1200 District of Columbia
93 390 Aug. 27 763 S 2957 (H R 93–1026 Foreign Affairs
      13973). 93–1233 [Conference]
93–391 Aug. 28 768 H. R. 15405 93–1111 Appropriations.
        93–1270 [Conference]
93–392 Aug. 28 781 S. 3190 (H. R. 14780). 93–1180 Foreign Affairs
93–393 Aug. 28 782 H. R. 15155 93–1077 Appropriations
        93–1274 [Conference]
93–394   792 H R. 15936 93–1221 Armed Services
93 395 Aug. 29 793 H R. 15791 93–1201 District of Columbia
93–398   794 H R 10044 93–733 Public Works
93–397 Aug. 29 795 H. R. 14402 93–1234 Armed Services.
93–398 Aug. 30 795 S. J. Res. 220 93–1250 House Administration
93–399 Aug. 30 795 S. J. Res. 221 93–1251 House Administration
93–400 Aug. 30 796 S. 2510 (H. R. 15233). 93–1176 Government Operations
        93–1268 [Conference]
93–401 Aug. 30 800 S. J. Res. 222 93–1252 House Administration
93–402 Aug. 30 801 H. R. 3620 93–242 Merchant Marine and Fisheries
93–403 Aug. 30 802 H. R. 15205 (S. 3620). 93–1296 Interstate and Foreign Commerce.
93–404 Aug. 31 803 H. R. 16027 93–1209 Appropriations
        93–1293 [Conference]
93–405 Aug. 31 822 H R 15581 93–1141 Appropriations
        93–1291 [Conference]
93–406 Sept. 2 829 H. R. 2 93–533 Education and Labor
        93–779, 93–807, 93–298 } Ways and Means
        93–1280 [Conference]
93–407 Sept. 3 1036 H. R. 15842 93–1203 District of Columbia
        93–1294 [Conference]
93–408 Sept. 3 1066 S. 1871 (H. R. 14897). 93–1223 Education and Labor
93–409 Sept. 3 1069 H. R. 11864 93–769 Science and Astronautics
        93–1278 [Conference]
A11

BILLS ENACTED INTO PUBLIC LAW
Senate Dates of consideration and passage: Congressional Record. Vol. 119 (1973); Vol. 120 (1974) Presidential statement: Public Papers of the Presidents
Report
No.		 Committee reporting House Senate
93–989 Joint Committee on Atomic Energy. Aug. 1, 1974 July 11, 1974 Ford: 1974
93–686 Agriculture and Forestry July 1, Aug. 1, 1974. Feb. 19, 21, Aug. 20, 1974. Aug. 17.
93–1076 District of Columbia Mar. 25, 1974 Aug. 8, 1974  
93–763 Labor and Public Welfare Mar. 12, 26, 27 May 8, 13–16, 20 Aug. 21.
93–1026 [Conference] July 31, 1974. July 24, 1974.  
93–1028 Appropriations June 25, Aug. 13, 1974. July 31, Aug. 15, 1974.  
    Aug. 19, 1974 Aug. 20, 1974  
93–693 Banking, Housing and Urban Affairs. June 20, Aug. 15, 1974. Mar. 8, 11, Aug. 13, 1974. Aug. 22.
    Aug. 19, 1974 Feb. 19, 1973  
    Aug. 5, 1974 July 23, Aug. 8, 1974.  
93–776 Banking, Housing and Urban Affairs. Aug. 1, 1974 May 2, 6, Aug. 7, 1974. Aug. 24.
93–1098 Banking, Housing and Urban Affairs. Aug. 20, 1974 Aug. 19, 1974 Aug. 24.
93–1075 District of Columbia Nov. 26, 1973 Aug. 8, 1974  
93–1074 District of Columbia July 29, 1974 Aug. 8, 1974.  
93–676 Foreign Relations May 16, Aug. 8, 1974. Feb. 25, 26, Aug. 13, 1974.  
93–1048 Appropriations June 19, Aug. 13, 1974. Aug. 2, 15, 1974.  
93–1019 Foreign Relations Aug. 2, 1974 July 22, Aug. 15, 1974.  
93–1032 Appropriations June 6, Aug. 13, 1974. Aug. 1, 15, 1974. Aug. 29.
93–1093 Armed Services Aug. 5, 1974 Aug. 16, 1974  
93–1078 District of Columbia July 29, Aug. 15, 1974. Aug. 8, 1974.  
93–1099 Public Works Dec. 18, 1973 Aug. 16, 1974  
93–1100 Armed Services Aug. 5, 20, 1974. Aug. 16, 1974  
93–1002 Rules and Administration Aug. 19, 1974 July 15, 1974  
93–1003 Rules and Administration Aug. 19, 1974 July 15, 1974  
93–692 Government Operations July 15, Aug. 14, 1974. Mar. 1, Aug. 19, 1974.  
93–1004 Rules and Administration Aug. 19, 1974 July 15, 1974  
93–1039 Commerce June 5, 1973; Aug. 19, 1974. Aug. 1, 1974  
93–1087 Commerce Aug. 19, 1974 Aug. 21, 1974  
93–1069 Appropriations July 24, Aug. 19, 1974. Aug. 7, 20, 1974.  
93–1057 Appropriations June 28, Aug. 20, 1974. Aug. 8, 20, 1974.  
93–394 Finance June 27, 1973; Sept. 19, 1973; Sept. 2.
93–1090 [Conference] Feb. 26–28, Aug. 20, 1974. Mar. 4, Aug. 22, 1974.  
93–1077 District of Columbia July 29,. Aug. 8,  
93–1101 Conference] Aug. 20, 1974. 16, 1974.  
93–426 Interior and Insular Affairs Aug. 19, 1974 Oct. 8, 1973; Aug. 21, 1974. Sept. 3.
93–734 Aeronautical and Space Sciences. Feb. 13, May 21,  
93–847 (Banking, Housing and Urban Affairs. Aug. 21, 1974. Aug. 12, 1974.  
93–1083 [Labor and Public Welfare. [Conference]      
A12

GUIDE TO LEGISLATIVE HISTORY OF
Public Law 88
Stat.		 Bill No. House
No. Date approved Report
No.		 Committee reporting
  1974        
93–410 Sept. 3 1079 H. R. 14920 (S. 2465). 93–1112 Science and Astronautics
        93–1301 [Conference]
93–411 Sept. 3 1089 H. R. 6485 93–1131 Agriculture
93–412 Sept. 3 1089 S. 3703 93–1172 District of Columbia
        93–1295 [Conference]
93–413 Sept. 4 1093 H. R. 13999 (S. 3344). 93–995 Science and Astronautics
        93–1302 [Conference]
93–414 Sept. 6 1095 H. R. 15572 93–1139 Appropriations
        93–1310 [Conference]
93–415 Sept. 7 1109 S. 821 (H. R. 15276) 93–1135 Education and Labor
        93–1298 [Conference]
93–416 Sept. 7 1143 H. R. 13871 93–1025 Education and Labor
93–417 Sept. 17 1151 H. R. 15172 93–1242 Foreign Affairs
93–418 Sept. 18 1151 H. J. Res. 1070  
93–419 Sept. 19 1152 H. R. 15406 93–1146 Armed Services
93–420 Sept. 19 1153 S. 3052 93–1344 Judiciary
93–421 Sept. 19 1154 H. R. 13267 93–1222 Agriculture
93–422 Sept. 21 1154 H. R. 9456 (S. 2848) 93–605 Education and Labor
93–423 Sept. 27 1158 H. R. 14883 (8. 3641). 93–1094 Public Works
93–424 Sept. 27 1166 H. J. Res. 910 ........  
93–425 Sept. 30 1166 S. J. Res. 244 ........  
93–426 Sept. 30 1166 S. 3270 (H. R. 13044). 93–1121 Banking and Currency
93–427 Oct. 1 1170 S. 3301 (H. R. 14167). 93–1215 Interior and Insular Affairs
93–428 Oct. 1 1171 H. R. 12000 93–1032 Agriculture
93–429 Oct. 1 1179 H. R. 6395 93–872 Interior and Insular Affairs
93–430 Oct. 1 1180 H. R. 13595 93–1075 Merchant Marine and Fisheries
93–431 Oct. 1 1184 S. 210 (H. R. 7486) 93–1246 Interior and Insular Affairs
93–432 Oct. 4 1186 H. R. 5507 93–1253 House Administration
93–433 Oct. 5 1187 H. R. 15404 93–1108 Appropriations
        93–1370 [Conference]
93–434 Oct. 5 1209 H. R. 16102 93–1287 Interstate and Foreign Commerce.
93–435 Oct. 5 1210 H. R. 11559 93–902 Interior and Insular Affairs
93–436 Oct. 5 1212 S. 3320 (H. R. 15008). 93–1288 Interstate and Foreign Commerce.
93–437 Oct. 8 1212 H. R. 16243 93–1255 Appropriations
        93–1363 [Conference]
93–438 Oct. 11 1233 H. R. 11510 (S. 2744). 93–707 Government Operations
        93–1445 [Conference]
93–439 Oct. 11 1254 H. R. 11546 93–676 Interior and Insular Affairs
A13

BILLS ENACTED INTO PUBLIC LAW
Senate Dates of consideration and passage: Congressional Record. Vol. 119 (1973); Vol. 120 (1974) Presidential statement: Public Papers of the Presidents
Report
No.		 Committee reporting House Senate
93–849 Interior and Insular Affairs July 10, Aug. 21, 1974. July 11, Aug. 20, 1974. Ford: 1974
93–1106 Agriculture and Forestry July 22, 1974 Aug. 21, 1974  
93–966 District of Columbia July 9, Aug. 20, 1974. June 27, Aug. 21, 1974.  
93–848 Labor and Public Welfare Apr. 25, Aug. 22, 1974. May 16, Aug. 19, 1974.  
93–1056, 93–1091. Appropriations June 26, Aug. 22, 1974. Aug. 16, 22, 1974.  
93–1011 Judiciary July 1, 31, July 25, Sept. 8.
93–1103 [Conference] Aug. 21, 1974. Aug. 19, 1974.  
93–1081 Labor and Public Welfare May 7, Aug. 19, 1974. Aug. 12, 1974 Sept. 8.
93–1124 Foreign Relations Aug. 5, 1974 Sept. 4, 1974  
93–1149 Judiciary Aug. 19, 1974 Sept. 12, 1974  
93–1132 Armed Services July 1, 1974 Sept. 5, 1974  
93–742 Judiciary Sept. 16, 1974 Mar. 26, Sept. 16, 1974.  
93–1130 Agriculture and Forestry Aug. 5, 1974 Sept. 5, 1974  
93–954 93–953 Labor and Public Welfare Oct. 30, 1973; Aug. 22, 1974. June 25, Sept. 4, 1974. Sept. 21.
93–1055 Public Works June 26, Aug. 22, 1974. Aug. 2, 22, 1974. Sept. 27.
93–1148 Judiciary July 15, 1974 Sept. 12, 1974  
    Sept. 25, 1974 Sept. 24, 1974  
93–922 Banking, Housing and Urban Affairs. Aug. 1, Sept. 17, 1974. June 13, Aug. 20, Sept. 17, 1974. Oct. 1.
93–878 Interior and Insular Affairs Aug. 5, 1974 May 30, Sept. 18, 1974.  
93–1109 Agriculture and Forestry May 15, Sept. 17, 1974. Aug. 22, 1974  
93–1117 Interior and Insular Affairs Mar. 18, Sept. 18, 1974. Sept. 9, 1974  
93–1086 Commerce June 4, Sept. 18, 1974. Aug. 15, 1974  
93–599 Interior and Insular Affairs Aug. 5, 197 Dec. 7, 1973; Sept. 18, 1974.  
93–1158 Rules and Administration Aug. 19, 1974 Sept. 23, 1974  
93–1110 Appropriations June 18, Sept. 24, 1974. Aug. 22, Sept. 25, 1974.  
93–1162 Commerce Aug. 19, 1974 Sept. 26, 30, 1974.  
93–1152 Interior and Insular Affairs Mar. 18, Sept. 25, 1974. Sept. 18, 1974  
93–952 Commerce Aug. 19, 1974 June 25, Sept. 24, 1974.  
93–1104 Appropriations Aug. 6, Sept. 23, 1974. Aug. 20, 21, Sept. 24, 1974. Oct. 9.
93–980 Government Operations Dec. 19, 1973; Oct. 9, 1974. Aug. 15, Oct. 10, 1974. Oct. 11.
93–875 Interior and Insular Affairs Dec. 3, 1973; Sept. 24, 1974. May 30, Oct. 1, 1974.  
A14

GUIDE TO LEGISLATIVE HISTORY OF
Public Law 88
Stat.		 Bill No. House
No. Date approved Report
No.		 Committee reporting
 ↑ Passed over veto.
1974        
93–440 Oct. 11 1257 H. R. 10088 93–502 Interior and Insular Affairs
93–441 Oct. 11 1260 H. R. 16032 93–1267 Banking and Currency
93–442 Oct. 14 1262 H. J. Res. 898 ........  
93–443 Oct. 15 1263 S. 3044 (H. R. 16090) 93–1239 House Administration
      93–1438 [Conference]
93–444 Oct. 15 1304 H. R. 4861 93–772 Interior and Insular Affairs
93–445 Oct. 16↑ 1305 H. R. 15301 93–1345 Interstate and Foreign Commerce.
93–446 Oct. 17 1362 S. J. Res. 123. 93–1397 House Administration
93–447 Oct. 17 1363 S. 2001 93–1376 Interior and Insular Affairs
93–448 Oct. 17 1363 H. J. Res. 1167 ........  
93–449 Oct. 18 1364 S. 3979 ........  
93–450 Oct. 18 1368 S. J. Res. 251 ........  
93–451 Oct. 18 1368 S 283 (H R 3458) 93–1353 Interior and Insular Affairs
93–452 Oct. 18 1369 H. R. 11537 93–753 Merchant Marine and Fisheries.
      93–1352 [Conference]
93–453 Oct 18 1375 H. R. 5641 93–987 Interior and Insular Affairs
93–454 Oct. 18 1376 S. 3362 93–1375 Interior and Insular Affairs
93–455 Oct 18 1381 H. R 7135 93–1320 Judiciary
93–456 Oct 18 1382 H. R. 7954 93–1290 Agriculture
93–457 Oct 18 1383 H. R. 9054 93–1284 Agriculture
93–458 Oct 18 1383 S. 634 (H R 9105) 93–1357 Interior and Insular Affairs
93–459 Oct. 20 1384 S. 1794 93–1342 Government Operations
93–460 Oct. 20 1386 H. R. 13261 93–1027 } Foreign Affairs
93–461 Oct. 20 1387 S. 2220 (H. R. 778) 93–1347 Judiciary
93–462 Oct. 20 1388 H. R. 9075 93–597 House Administration
93–463 Oct. 23 1389 H. R. 13113 93–975 Agriculture
      93–1383 [Conference]
93–464 Oct. 24 1416 H. R. 16857    
93–465 Oct. 24 1417 S. 2348 93–1350 Merchant Marine and Fisheries
93–466 Oct. 24 1420 S. 605 (H. R. 12972) 93–1358 Interior and Insular Affairs
93–467 Oct. 24 1421 S. 2362 93–1314 Judiciary
93–468 Oct. 24 1422 H. R. 14597. 93–1160 Judiciary
93–469 Oct 24 1422 H R 15148 93–1367 Armed Services
93–470 Oct 26 1422 H R 11830 93–973 Ways and Means.
      93–1404 [Conference]
93 471 Oct. 26 1423 H.R. 15643 93–1202 District of Columbia
93–472 Oct. 26 1430 H. R. 1554 93–1269 Merchant Marine and Fisheries
93–473 Oct. 26 1431 S. 3234 (H. R. 16371). 93–1346 Science and Astronautics
      93–1428 [Conference]
93–474 Oct 26 1438 S. 628 93–915 Post Office and Civil Service
      93–1431 [Conference]
93–475 Oct. 26 1439 S. 3473 (H. R. 16168), (H. R. 15046). 93–1241 93–1143 | Foreign Affairs
      93–1447 [Conference]
93–476 Oct. 26 1444 S. J. Res. 236 93–1444 Foreign Affairs
    (H. J. Res. 1115).    
93–477 Oct. 26 1445 H. R. 14217 93–1286 Interior and Insular Affairs
A15

BILLS ENACTED INTO PUBLIC LAW
Senate Dates of consideration and passage: Congressional Record. Vol. 119 (1973); Vol. 120 (1974) Presidential statement: Public Papers of the Presidents
Report
No.		 Committee reporting House Senate
93–1128 Interior and Insular Affairs Oct. 3, 1973; Sept. 24, 1974. Sept. 9, Oct. 1, 1974. Ford: 1974
    Sept. 25, 1974 Sept. 26, 1974  
    Oct. 7, 1974 Oct. 8, 1974  
93–689 Rules and Administration Aug. 7, 8, Oct. Mar. 26, 27, 29, Apr. Oct. 15.
93–1237 [Conference] 10, 1974. 1–5, 8–11, Oct. 8, 1974.  
93–1041 Interior and Insular Affairs Feb. 4, Sept. 24, 1974. Aug. 1, Oct. 1, 1974.  
93–1163 Labor and Public Welfare Sept. 12, 30, Oct. 15, 1974. Sept. 25, Oct. 16, 1974. Oct. 12.
93–898 Rules and Administration Oct. 7, 1974. June 5, 1974  
93–959 Interior and Insular Affairs Oct. 7, 1974 June 26, 1974.  
    Oct. 17, 1974 Oct. 17, 1974 Oct. 18.
93–1223 Banking, Housing and Urban Affairs. Oct. 15, 1974 Oct. 10, 1974 Oct. 18.
    Oct. 15, 1974 Oct. 10, 1974  
93–894 Interior and Insular Affairs Oct. 7, 1974 June 5, 1974  
93–934 Commerce Jan. 22, Oct. 8, 1974. July 15, Oct. 8, 1974.  
93–1238 [Conference]      
93–1220 Interior and Insular Affairs May 6, 1974 Oct. 4, 1974  
93–1030 Interior and Insular Affairs Oct. 7, 1974 July 30, 1974 Oct. 19.
93–1204 Judiciary Sept. 16, 1974 Oct. 3, 1974  
93–1224 Agriculture and Forestry Sept. 16, 1974 Oct. 7, 1974.  
93–1225 Agriculture and Forestry Aug. 19, 1974 Oct. 7, 1974  
93–837 Interior and Insular Affairs Oct. 7, 1974 May 13, 1974  
93–260 Rules and Administration Oct. 7, 1974 June 28, 1973  
93–1095 Foreign Relations May 7, Oct. 8, 1974. Aug. 16, 1974  
93–812 Judiciary Oct. 7, 1974 May 6, 1974  
93–1184 Government Operations Nov. 6, 1973; Oct. 8, 1974. Oct. 1, 1974  
93–1131 Agriculture and Forestry Apr. 11, Oct. 9, 1974. Sept. 6, 9, Oct. 10, 1974. Oct. 24.
93–1194 [Conference] Oct. 9, 1974 Oct. 10, 1974  
93–755 Judiciary Oct. 7, 1974 Mar. 29, Oct. 9, 1974.  
93–874 Interior and Insular Affairs Oct. 7, 1974 May 28, Oct. 8, 1974.  
93–740 Judiciary Sept. 16, 1974 Mar. 22, Oct. 9, 1974.  
93–1199 Judiciary July 1, Oct. 15, 1974. Oct. 3, 1974  
93–1249 Armed Services Oct. 7, 1974. Oct. 10, 1974  
93–1062 Finance Apr. 8, Oct. 11, 1974. Aug. 13, Oct. 15, 1974.  
93–1259 District of Columbia July 29, Oct. 11, 1974. Oct. 10, 1974  
93–1279 Commerce Aug. 19, 1974 Oct. 15, 1974  
93–1151 Interior and Insular Affairs Sept. 19, Oct. 9, 1974. Sept. 17, Oct. 11, 1974.  
93–351 93–1241 Post Office and Civil Service [Conference] Apr. 24, Oct. 15, 1974. July 31, 1973; Oct. 7, 1974.  
93–838 Foreign Relations Aug. 1, 21, Oct. 11, 1974. May 20, Oct. 9, 1974.  
93–1256 Foreign Relations Oct. 15, 1974 Oct. 10, 1974  
93–1232 Interior and Insular Affairs Aug. 19, Oct. 16, 1974. Oct. 8, 16, 1974.  
A16

GUIDE TO LEGISLATIVE HISTORY OF
Public Law 88
Stat.		 Bill No. House
No. Date approved Report
No.		 Committee reporting
 ↑ Passed over veto.
1974        
93–478 Oct. 26 1449 H. R. 17027 93–1426 Public Works
93–479 Oct. 26 1450 S. 2840 (H. R. 15487). 93–1183 Foreign Affairs
93–480 Oct. 26 1454 H. R. 11452 93–993 Ways and Means
      93–1403 [Conference]
93–481 Oct. 26 1455 S. 3355 (H. R. 14213). 93–1248 Interstate and Foreign Commerce.
      93–1442 (Conference]
93–482 Oct 26 1456 H. R. 11251 93–998 Ways and Means
      93–1402 [Conference]
93–483 Oct 26 1457 H. R. 12035. 93–994 Ways and Means
      93–1405 [Conference]
93–484 Oct. 26 1459 H. R. 13631 93–974 Ways and Means
      93–1407 [Conference]
93–485 Oct. 26 1460 S. 3698 (H. R. 15582). 93–1149 Joint Committee on Atomic Energy.
      93–1299 (Conference]
93–486 Oct. 26 1461 H. R. 13157 93–1285 Interior and Insular Affairs
93–487 Oct. 26 1463 H. R. 13561 (S. 3173). 93–1348 Merchant Marine and Fisheries
93–488 Oct. 26 1464 S. J. Res. 250 ........  
93–489 Oct. 26 1465 S. 1412 (H. R. 8229) 93–1355 Interior and Insular Affairs
93–490 Oct. 26 1466 H. R. 6642 93–611 Ways and Means
      93–1400 [Conference]
93–491 Oct 26 1468 S 1411 (H. R. 8230) 93–1356 Interior and Insular Affairs
93–492 Oct. 27 1470 S. 355 (H. R. 5529) 93–1191 Interstate and Foreign Commerce.
      93–1452 [Conference]
93–493 Oct 27 1486 H. R. 15736 93–1206 Interior and Insular Affairs
93–494 Oct. 27 1499 S. 3007 (H. R. 12356). 93–1082 Interior and Insular Affairs
      93–1446 [Conference]
93–495 Oct. 28 1500 H R 11221 93–751 Banking and Currency
      93–1429 [Conference]
93–496 Oct. 28 1526 H. R. 15427 (S. 3569). 93–1145 Interstate and Foreign Commerce.
      93–1441 [Conference]
93 497 Oct 29 1534 H R 12281 93–1031 Ways and Means
      93–1406 [Conference]
93–498 Oct. 29 1535 S. 1769 (H. R. 11989). 93–795 Science and Astronautics
      93–1277 93–1413 } [Conference]
93–499 Oct 29 1549 H R 7780 93–612 Ways and Means
      93–1401 [Conference]
93–500 Oct. 29 1552 S. 3792 (H. R. 15264). 93–1122 Banking and Currency
93–501 Oct. 29 1557 S. 3838 (H. R. 15928). 93–1412 93–1259 [Conference] Banking and Currency
      93–1440 [Conference]
93–502 Nov. 21↑ 1561 H. R. 12471 (S. 2543). 93–876 Government Operation
      93–1380 [Conference]
A17

BILLS ENACTED INTO PUBLIC LAW
Senate Dates of consideration and passage: Congressional Record. Vol. 119 (1973); Vol. 120 (1974) Presidential statement: Public Papers of the Presidents
Report
No.		 Committee reporting House Senate
    Oct. 10, 1974 Oct. 11, 1974 Ford: 1974
93–910 Commerce Aug. 21, Oct. 10, 1974. June 13, Oct. 9, 1974. Oct. 28.
93–1061 Finance May 7, Oct. 11, 1974. Aug. 8, 13, 21, Oct. 15, 1974.  
93–925 Judiciary Aug. 5, Oct. 15, June 17, July  
93–1271 [Conference] 1974. 11, Oct. 16, 1974.  
93–1060 Finance May 7, Oct. 11, 1974. Aug. 13, Oct. 15, 1974.  
93–1063 Finance May 7, Oct. 11, 1974. Aug. 13, Oct. 15, 1974.  
93–1065 Finance Apr. 8, Oct. 11, 1974. Aug. 13, Oct. 15, 1974.  
93–964 Joint Committee on Atomic Energy. July 31, Oct. 10, 1974. July 10, Oct. 10, 1974.  
93–1233 Interior and Insular Affairs Aug. 19, Oct. 16, 1974. Oct. 8, 1974  
93–1278 Commerce Oct. 7, 1974 Oct. 15, 1974 Oct. 15, 1974. Oct 10 1974  
93–909 Interior and Insular Affairs Oct. 7, 1974 June 13, Oct. 11, 1974.  
93–986 Finance Nov. 15, 1973; Oct. 11, 1974. July 16, Oct. 15, 1974.  
93–832 Interior and Insular Affairs Oct. 7, 1974 May 13, Oct. 11, 1974.  
93–150 Commerce Aug. 12, Oct. 15, 1974. May 17, 1973; Oct. 10, 1974. Oct. 28.
93–1208 Interior and Insular Affairs Aug. 2, Oct. 15, 1974. Oct. 11, 1974 Oct. 29.
93–863 Interior and Insular Affairs June 17, Oct. 15, 1974. May 28, Oct. 16, 1974. Oct. 29.
93–902 Banking, Housing and Urban Affairs. Feb. 5, Oct. 9, 1974. June 13, Oct. 10, 1974. Oct. 29.
93–1015 Commerce July 11, Aug. 8, 9, Oct. 29.
93–1248 [Conference] Oct. 15, 1974. Oct. 10, 1974.  
93–1064 Finance June 11, Oct. 11, 1974. Aug. 6, 1974  
93–470 Commerce Apr. 25, 29, Oct. 1, 9, 1974. Nov. 2, 1973; Oct. 10, 1974. Oct. 29.
93–1088, 93–1211 [Conference]      
93–1059 Finance Nov. 15, 1973; Oct. 11, 1974. Aug. 13, Oct. 15, 1974.  
93–1024 Banking, Housing and Urban Affairs. Aug. 13, Oct. 10, 1974. July 30, 31, Oct. 10, 1974.  
93–1120 Banking, Housing and Urban Affairs. Sept. 11, Oct. 11, 1974. Sept. 10, Oct. 9, 1974. Oct. 29.
93–854 Judiciary Mar. 14, Oct. 7, May 30, Oct. 1. Oct. 17.
93–1200 [Conference] Nov. 20, 1974. Nov. 21, 1974.  
A18

GUIDE TO LEGISLATIVE HISTORY OF
Public Law 88
Stat.		 Bill No. House
No. Date approved Report
No.		 Committee reporting
 ↑ Passed over veto.
1974        
93–503 Nov. 26 1565 S. 386 (H. R. 6452) 93–141 Banking and Currency
      93–813, 93–1427 } [Conference]
93–504 Nov. 29 1565 S. 3204 (H. R. 13054). 93–1410 Judiciary
93–505 Nov. 30 1576 S. 2457 93–1423 Interstate and Foreign Commerce.
93–506 Nov. 30 1577 S. 1479 93–1422 Interstate and Foreign Commerce.
93–507 Nov. 30 1577 S. 1227 93–1421 Interstate and Foreign Commerce.
93–508 Dec. 31 1578 H. R. 12628 (S. 2784). 93–792 Veterans Affairs
      93–1303, 93–1435 } [Conference]
93–509 Dec. 3 1603 H. R. 17434 ........  
93–510 Dec. 5 1604 S. 2299 (H. R. 16225). 93–1371 Government Operations
93–511 Dec. 5 1608 H. R. 16751 93–1443 Interstate and Foreign Commerce.
93–512 Dec. 5 1609 S. 1064 93–1453 Judiciary
93–513 Dec. 6 1610 S. J. Res. 248 (H. J. Res. 1161). 93–1467 Joint Committee on Atomic Energy.
93–514 Dec. 6 1611 S. 3802 (H. R. 16074). 93–1414 Joint Committee on Atomic Energy.
93–515 Dec. 7 1612 H. R. 342 93–99 District of Columbia
93–516 Dec. 7 1617 H. R. 17503 (S. 4194). ........  
93–517 Dec. 7 1634 H. R. 15580 93–1140 Appropriations
      93–1489 [Conference]
93–518 Dec. 7 1652 S. 3202 (H. R. 17474). 93–1493 Education and Labor
93–519 Dec. 13 1659 S. 3308 (H. R. 13791). 93–1390 Merchant Marine and Fisheries
93–520 Dec. 13 1659 S. 3546 93–1484 Public Works
93–521 Dec. 14 1659 S. 1561 93–1481 Public Works
93–522 Dec. 14 1660 H. J. Res. 444 (S. J. Res. 237). 93–1360 Interior and Insular Affairs
93–523 Dec. 16 1660 S. 433 (H. R. 13002) 93–1185 Interstate and Foreign Commerce.
93–524 Dec. 18 1694 S. 1353 93–1392 Merchant Marine and Fisheries
93–525 Dec. 18 1695 S. 3906. 93–1388 Armed Services
93–526 Dec. 19 1695 S. 4016 (S. J. Res. 240). 93–1507 House Administration
93–527 Dec. 21 1702 S. 4041 93–1499 Veterans Affairs
93–528 Dec. 21 1706 S. 782 93–1463 Judiciary
93–529 Dec. 21 1710 H. R. 17505 93–1501 Appropriations
93–530 Dec. 22 1711 H. R. 7730 93–465 Interior and Insular Affairs
93–531 Dec. 22 1712 H. R. 10337 93–909 Interior and Insular Affairs
93–532 Dec. 22 1723 H. R. 17026 93–1425 Public Works
93–533 Dec. 22 1724 S. 3164 (H. R. 9989) 93–1177 Banking and Currency
      93–1526 [Conference]
93–534 Dec. 22 1731 H. R. 7072 93–1338 Government Operations
93–535 Dec. 22 1732 H. R. 8352 93–1247 Interior and Insular Affairs
93–536 Dec. 22 1734 H. R. 1581 93–1340 Government Operations
93–537 Dec. 22 1735 S. 2193 (H. R. 11666). 93–750 Banking and Currency
93–538 Dec. 22 1736 S. 2363 93–1494 Veterans Affairs
93–539 Dec. 22 1738 H. R. 6274 93–448 Judiciary
A19

BILLS ENACTED INTO PUBLIC LAW
Senate Dates of consideration and passage: Congressional Record. Vol. 119 (1973); Vol. 120 (1974) Presidential statement: Public Papers of the Presidents
Report
No.		 Committee reporting House Senate
        Ford: 1974
93–361 Banking, Housing and Urban Affairs. Oct. 3, 1973; July 30, Nov. 21, 1974. Sept. 7, 10, 1973; Nov. 19, 1974. Nov. 26.
93–1191 Judiciary Nov. 18, 1974 Oct. 2, 1974  
93–795 Commerce Nov. 19; 1974 May 2, 1974  
93–794 Commerce Nov. 19, 1974. May 2, 1974  
93–796 Commerce Nov. 19, 1974 May 2, 1974  
93–907 Veterans Affairs Feb. 19, Aug. 22,   Nov. 26
93–1107, 93–1240 [Conference] Oct. 10, Dec. 3, 1974. Nov. 19, 1974 Aug. 21, Dec. 3, 1974. Nov. 21, 1974  
93–506 Government Operations Nov. 18, 1974 Nov. 19, 1973; Nov. 21, 1974. Dec. 5.
    Nov. 19, 1974 Nov. 21, 1974  
93–419 Judiciary Nov. 18, 1974 Oct. 4, 1973; Nov. 21, 1974.  
93–1281 Joint Committee on Atomic Energy. Nov. 25, 1974 Nov. 21, 1974  
93–1228 Joint Committee on Atomic Energy. Nov. 25, 1974 Oct. 9, 1974  
93–1080 District of Columbia Apr. 9, 1973; Nov. 20, 1974. Aug. 12, Nov. 26, 1974.  
93–1297 Labor and Public Welfare Nov. 26, 1974 Nov. 26, 1974  
93–1146 Appropriations June 27, Nov. 26, 1974. Sept. 16–18, Nov. 26, 1974. Dec. 9.
93–1295 Labor and Public Welfare Nov. 26, 1974 Nov. 22, 1974 Dec. 9.
93–1084 Commerce Dec. 3, 1974 Aug. 15, 1974  
93–891 Public Works Dec. 3, 1974 June 4 1974  
93–624 Public Works Dec. 3, 1974 Dec. 14 1973  
93–1236 Interior and Insular Affairs Oct. 7, Dec. 4, 1974. Nov. 22, 1974  
93–231 Commerce Nov. 19, Dec. 3, 1974. June 22, 1973; Nov. 26, 1974. Dec. 17.
93–730 Commerce Dec. 3, 1974 Mar. 13, Dec. 5, 1974.  
93–1094 Armed Services Dec. 9, 1974 Aug. 16, 1974  
93–1181, 93–1182 Government Operations Dec. 3, 9, 1974 Oct. 3, 4, Dec. 9, 1974. Dec. 19.
93–1226 Veterans Affairs Dec. 9, 1974 Oct. 7, Dec. 10, 1974.  
93–298 Judiciary Nov. 19, Dec. 11, 1974. July 18, 1973; Dec. 9, 1974. Dec. 23.
    Dec. 4, 1974 Dec. 10, 1974 Dec. 23.
93–1234 Interior and Insular Affairs Dec. 18, 1973; Oct. 11, Dec. 9, 1974. Oct. 8, Dec. 4, 1974.  
93–1177 Interior and Insular Affairs Mar. 18, 29, Dec. 10, 1974. Nov. 26, Dec. 2, 1974.  
93–1306 Public Works Oct. 7, 1974 Dec. 9, 1974  
93–866 Banking, Housing and Urban Affairs. Aug. 14, Dec. 11, 1974. July 16, 23, 24, Dec. 9, 1974.  
93–1330 Government Operations Oct. 7, 1974 Dec. 12, 1974  
93–1089 Interior and Insular Affairs Aug. 5, Dec. 3, 1974. Aug. 16, Dec. 5, 1974.  
93–1331 Government Operations Dec. 3, 1974 Dec. 12, 1974  
93–1040 Foreign Relations Dec. 9, 1974 Aug. 1, 1974  
93–1276 Veterans Affairs Dec. 9, 1974. Oct. 11, 1974  
93–743 Judiciary Sept. 17, 1973; Sept. 19, 1974. Mar. 27, Dec. 9, 1974.  
A20

GUIDE TO LEGISLATIVE HISTORY OF
Public Law 88
Stat.		 Bill No. House
No. Date approved Report
No.		 Committee reporting
1974        
93–540 Dec. 22 1738 H. R. 6925 93–376 Interior and Insular Affairs
93–541 Dec. 26 1739 S. J. Res. 263 ........  
93–542 Dec. 26 1740 S. J. Res. 234 ........  
93–543 Dec. 26 1740 S. 2343 93–1520 Interior and Insular Affairs
93–544 Dec. 26 1741 H. R. 10834 93–800 Interior and Insular Affairs
93–545 Dec. 26 1741 H. R. 5056 93–1386 Armed Services
93–546 Dec. 26 1742 H. R. 1355 93–1336 Government Operations
93–547 Dec. 26 1742 H. R. 14349 93–1366 Armed Services
93–548 Dec. 26 1743 H. R. 16006 93–1224 Armed Services
93–549 Dec. 26 1743 H. R. 15067 93–1384 Post Office and Civil Service
93–550 Dec. 26 1744 H. R. 11013 93–968 Interior and Insular Affairs
93–551   1744 H. R. 8864 93–1409 Judiciary
93–552 Dec. 27 1745 H. R. 16136 93–1244 Armed Services
      93–1545 [Conference]
93–553 Dec. 27 1770 S. J. Res. 260    
93 554 Dec. 27 1771 H R 16900 93–1378 Appropriations
      93–1503 [Conference]
93–555   1784 H. R. 7077 93–1511 Interior and Insular Affairs
93–556 Dec. 27 1789 H. R. 16424 93–1395 Government Operations
93–557 Dec. 27 1792 S. 4013 93–1558 Judiciary
93–558 Dec. 30 1793 S. 3191 93–1544 Armed Services
93–559 Dec. 30 1795 S. 3394 (H. R. 17234). 93–1471 Foreign Affairs
      93–1610 [Conference]
93–560 Dec. 30 1820 H. R. 7978 93–1354 Interior and Insular Affairs
93–561 Dec. 30 1821 S. J. Res. 224    
93–562 Dec. 30 1821 S. 939 93–1519 Interior and Insular Affairs
93–563 Dec. 31 1822 H R. 16901 93–1379 Appropriations
      93–1561 [Conference]
93–564 Dec. 31 1843 S. 3489 93–1593 Interior and Insular Affairs
93–565 Dec. 31 1843 S. 3518 93–1594 Interior and Insular Affairs
93–566 Dec. 31 1844 S. 194 93–1591 Interior and Insular Affairs
93–567 Dec. 31 1845 H. R. 16596 (S. 4079). 93–1528 Education and Labor
      93–1621 [Conference]
93–568 Dec. 31 1855 S. J. Res. 40 93–1056 Education and Labor
      93–1619 [Conference]
93–569 Dec. 31 1863 H. R. 15912 (S. 3883). 93–1232 Veterans Affairs
93–570 Dec. 31 1867 H. J. Res. 1178 93–1614 Appropriations
93–571 Dec. 31 1868 H. R. 14401 93–1364 Armed Services
93–572 Dec. 31 1869 H. R. 17597 93–1549 Ways and Means
93–573 Dec. 31 1873 S. 3976 93–1581 Judiciary
93 574 Dec. 31 1875 S 2125 93–1592 Interior and Insular Affairs
93–575 Dec. 31 1878 S. 3615 93–1596 Interior and Insular Affairs
93–576 Dec. 31 1878 H. R. 16609 (S. 4033). 93–1434 Joint Committee on Atomic Energy.
93–577 Dec. 31 1878 S. 1283 (H. R. 13565). 93–1157 Interior and Insular Affairs
      93–1563 [Conference]
93–578 Dec. 31 1895 S. 3574 93–1595 Interior and Insular Affairs
93–579 Dec. 31 1896 S. 3418 (H. R. 16373). 93–1416 Government Operations
A21

BILLS ENACTED INTO PUBLIC LAW
Senate Dates of consideration and passage: Congressional Record. Vol. 119 (1973); Vol. 120 (1974) Presidential statement: Public Papers of the Presidents
Report
No.		 Committee reporting House Senate
93–1308 Interior and Insular Affairs Sept. 17, 1973. Dec. 9, 1974 Ford: 1974
93–1322 Banking, Housing and Urban Affairs. Dec. 13, 1974 Dec. 11, 1974  
93–1180 Government Operations Dec. 17, 1974 Oct. 1, 1974  
93–684 Interior and Insular Affairs Dec. 16, 1974. Feb. 27, 1974  
93–1186 Interior and Insular Affairs Feb. 19, Dec. 12, 1974. Oct. 1, Dec. 14, 1974.  
93–1341 Armed Services Oct. 7, 1974. Dec. 14, 1974  
93–1329 Government Operations Oct. 7, 1974 Dec. 12, 1974  
93–1343 Armed Services Nov. 18, 1974 Dec. 13, 1974  
93–1337 Armed Services Aug. 5, 1974 Dec. 13, 1974  
93–1339 Post Office and Civil Service Oct. 7, 1974 Dec. 13, 1974  
93–1221 Interior and Insular Affairs May 7, Dec. 11, 1974. Oct. 4, 1974  
93–1352 Judiciary Nov. 18, 1974 Dec. 16, 1974  
93–1136 Armed Services Aug. 9, Dec. 12, 1974. Sept. 11, Dec. 14, 1974.  
    Dec. 16, 1974 Nov. 26, 1974  
93–1255 Appropriations Sept. 30, Oct. 1, 2, Dec. 4, 16, 1974. Oct. 10, Nov. 18–20, Dec. 9–11, 14, 1974.  
93–1328 Interior and Insular Affairs Dec. 9, 1974 Dec. 12, 1974 Dec. 28.
93–1323 Government Operations Oct. 7, 1974 Dec. 12, 1974 Dec. 27.
93–1215 Judiciary . Dec. 16, 1974 Oct. 4, 1974  
93–1229 Armed Services Dec. 16, 1974 Oct 8 1974  
93– 1134, 93–1299 | Foreign Relations Dec. 10, 11, 18, 1974. Sept. 24, Oct. 1, 2, Dec. 3, 4, 17, 1974. Dec. 30.
93–1359 Interior and Insular Affairs Oct. 7, 1974 Dec. 16, 1974  
93–1294 Judiciary Dec. 16, 1974 Nov. 21, 1974  
93–744 Interior and Insular Affairs Dec. 16, 1974. Mar. 26, 1974  
93–1296 Appropriations Oct. 9, Dec. 12, 1974. Nov. 25; Dec. 17, 1974.  
93–1054 Agriculture and Forestry Dec. 17, 1974 Aug. 5, 1974  
93–1108 Interior and Insular Affairs Dec. 17, 1974 Aug. 21, 1974  
93–679 Interior and Insular Affairs Dec. 17, 1974. Feb. 7, 1974  
93–1327 Labor and Public Welfare Dec. 12, 18, 1974. Dec. 13, 18, 1974. Dec. 31.
93–521 93–1409 Labor and Public Welfare [Conference] Dec. 12, 19, 1974. Nov. 20, 1973; Dec. 13, 16, 19, 1974.  
93–1334 Veterans Affairs Aug. 5, Dec. 17, 1974. Dec. 12, 13, 1974.  
93–1405 Appropriations Dec. 18, 19, 1974. Dec. 19, 1974  
93–1344 Armed Services Oct. 7, 1974 Dec. 17, 1974  
    Dec. 12, 17, 1974. Dec. 16, 1974 Dec. 31.
    Dec. 19, 1974 Sept. 9, Dec. 19, 1974.  
93–1025 Interior and Insular Affairs Dec. 17, 1974 July 24, 1974  
93–1105 Interior and Insular Affairs Dec. 17, 1974 Aug. 21, 1974  
93–1246 Joint Committee on Atomic Energy. Nov. 25, Dec. 17, 1974. Dec. 10, 17, 1974.  
93–589 Interior and Insular Affairs Aug. 22, Sept. 11, Dec. 16, 1974. Dec. 5–7, 1973; Dec. 17, 1974.  
93–1274 Interior and Insular Affairs Dec. 17, 1974 Nov. 20, 1974 Ford; 197S
93–1183 Government Operations. Dec. 11, 18, 1974. Nov. 21, Dec. 17, 1974. Jan. 1.
A22

GUIDE TO LEGISLATIVE HISTORY OF
Public Law 88
Stat.		 Bill No. House
No. Date approved Report
No.		 Committee reporting
1975        
93–580 Jan. 2 1910 S. J. Res. 133 (H. J. Res. 1117). 93–1420 Interior and Insular Affairs
93–581 Jan. 2 1914 S. J. Res. 262 93–1604 Public Works
93–582 Jan. 2 1915 S. 521 (H. R. 3605) 93–1583 Interior and Insular Affairs
93–583 Jan. 2 1916 S. 544 (H. R. 6668) 93–1517 Judiciary
93–584 Jan. 2 1917 S. 663 93–1569 Judiciary
93–585 Jan. 2 1918 S. 1418 (H. R. 17580). ........  
93–586 Jan. 2 1920 S. 2149 93–1548 Armed Services
93–587 Jan. 2 1920 S. 2807 93–1603 Public Works
93–588 Jan. 2 1920 S. 2888 (H. R. 5057) 93–1584 Interior and Insular Affairs
93–589 Jan. 2 1921 S. 3289 93–1553 Agriculture
93–590 Jan. 2 1922 S. 3358 (H. R. 9219) 93–1585 Interior and Insula Affairs
93–591 Jan. 2 1922 S. 3359 (H. R. 11890). 93–1586 Interior and Insular Affairs
93–592 Jan. 2 1924 S. 4073 93–1568 Public Works
93–593 Jan. 2 1925 H. R. 1820 93–241 Merchant Marine and Fisheries
93–594 Jan. 2 1926 H. R. 5264 93–1337 Government Operations
93–595 Jan. 2 1926 H. R. 5463 93–650 Judiciary
      93–1597 [Conference]
93–596 Jan. 2 1949 H. R. 7599 93–523 Judiciary
93–597 Jan. 2 1950 H. R. 8214 93–397 Ways and Means
93–598 Jan. 2 1954 H. R. 8591 93–1138 Armed Services
93–599 Jan. 2 1954 H. R. 8958 93–1339 Government Operations
93–600 Jan. 2 1955 H. R. 8981 93–524 Judiciary
93–601 Jan. 2 1956 H. R. 9199 93–856 Judiciary
93–602 Jan. 2 1957 H. R. 10212 93–1229 Veterans Affairs
93–603 Jan. 2 1959 H. R. 12044 93–1479 Public Works
93–604 Jan. 2 1959 H. R. 12113 (S. 3013). 93–1300 Government Operations
93–605 Jan. 2 1965 H. R. 12427. 93–1073 Merchant Marine and Fisheries
93–606 Jan. 2 1966 H. R. 13022 93–1492 Agriculture
93–607 Jan. 2 1966 H. R. 14600 93–1276 Merchant Marine and Fisheries
93–608 Jan. 2 1967 H. R. 14718 93–1214 Government Operations
93–609 Jan. 2 1972 H. R. 15173 93–1343 Judiciary
93–610 Jan. 2 1973 H. R. 15229 93–1349 Merchant Marine and Fisheries
93–611 Jan. 2 1974 H. R. 16045 93–1235 Interstate and Foreign Commerce.
93–612 Jan. 2 1974 H. R. 16215 (S. 3922). 93–1587 Merchant Marine and Fisheries
93–613 Jan. 2 1975 H. R. 17010 93–1562 Judiciary
93–614 Jan. 2 1975 H. R. 17450 93–1485 District of Columbia
93–615 Jan. 2 1977 H. R. 17558 93–1565 Public Works
93–616 Jan. 2 1977 H. R. 17628 93–1612 Joint Committee on Atomic Energy.
93–617 Jan. 2 1978 H. R. 17655 ........  
A23

BILLS ENACTED INTO PUBLIC LAW
Senate Dates of consideration and passage: Congressional Record. Vol. 119 (1973); Vol. 120 (1974) Presidential statement: Public Papers of the Presidents
Report
No.		 Committee reporting House Senate
        Ford: 1975
93–594 Interior and Insular Affairs Nov. 19, Dec. 18, 1974. Dec. 5, 1973; Dec. 16, 1974.  
93–1307 Public Works Dec. 19, 1974 Dec. 9, 1974  
93–862 Interior and Insular Affairs Dec. 17, 1974, May 28, Dec. 18, 1974.  
93–1404 Judiciary Dec. 20, 1974 Dec. 19, 20, 1974.  
93–500 Judiciary Dec. 17, 1974 Nov. 16, 1973; Dec. 19, 1974.  
93–503 Labor and Public Welfare Dec. 19, 1974 Nov. 15, 1973; Dec. 19, 1974. Jan. 4.
93–1085 Commerce Dec. 16, 1974 Aug. 15, Dec. 19, 1974.  
93–1315 Public Works Dec. 19, 1974 Dec. 12, 1974  
93–1118 Interior and Insular Affairs Dec. 17, 1974 Aug. 22, Dec. 18, 1974.  
93–1096 Interior and Insular Affairs Dec. 20, 1974 Aug. 16, 1974  
93–876 Interior and Insular Affairs Dec. 17, 1974 May 28, Dec. 18, 1974.  
93–877 Interior and Insular Affairs Dec. 17, 1974 May 28, Dec. 18, 1974.  
93–1209 Public Works Dec. 16, 1974 Oct. 4, 1974  
    June 5, 1973 Dec. 19 1974  
93–1419 Government Operations Oct. 7, 1974 Dec. 19, 1974.  
93–1277 Judiciary Jan. 30, Feb. 6, Dec. 17, 18, 1974. Nov. 21, 22, Dec. 16, 1974. Jan. 3.
93–1399 Judiciary Oct. 15, 1973 Dec. 18, 1974.  
93–554 Finance Aug. 3, 1973 Jan. 23, 24, Dec. 19, 1974.  
93–1342 Armed Services. July 1, 1974 Dec. 19, 1974  
93–1324 Government Operations Nov. 18, Dec. 16, 1974. Dec. 12, 18, 1974.  
93–1400 Judiciary Oct. 15, 1973 Dec. 18, 1974.  
93–1401 Judiciary Mar. 18, 1974 Dec. 18, 1974.  
93–1326 Veterans Affairs Aug. 5, Dec. 17, 1974. Dec. 12, 1974  
93–1425 Public Works Dec. 3, 1974 Dec. 20, 1974  
93–1314 Government Operations Aug. 19, Dec. 18, 1974. Dec. 17, 1974  
93–1346 Commerce June 4, Dec. 19, 1974. Dec. 17, 1974  
93–1415 Agriculture and Forestry Dec. 16, 1974 Dec. 19, 1974.  
93–1397 Commerce Aug. 19, 1974 Dec. 18, 1974.  
93–1332 Government Operations Aug. 5, Dec. 18, 1974. Dec. 12, 1974  
    Sept. 16, Dec. 18, 1974. Dec. 17, 1974  
93–1398 Commerce Nov. 19, 1974. Dec. 18, 1974  
93–1402 Public Works Aug. 5, Dec. 20, 1974. Dec. 17, 1974  
93–1362 Commerce Dec. 18, 1974 Dec. 19, 1974  
    Dec. 16, 1974 Dec. 18, 1974  
93–1349 District of Columbia Nov. 25, Dec. 20, 1974. Dec. 14, 1974.  
    Dec. 16, 1974 Dec. 19, 1974  
  Dec. 18, 1974 Dec. 19, 1974  
    Dec. 18, 1974 Dec. 18, 1974  
A24

GUIDE TO LEGISLATIVE HISTORY OF
Public Law 88
Stat.		 Bill No. House
No. Date approved Report
No.		 Committee reporting
1975        
93–618 Jan. 3 1978 H. R. 10710 93–571 Ways and Means
      93–1644 [Conference]
93–619 Jan. 3 2076 S. 754 (H. R. 17409) 93–1508 Judiciary
93–620 Jan. 3 2089 8. 1296 93–1374 Interior and Insular Affairs
      93–1611 [Conference]
93–621 Jan. 3 2094 S. 3022 (H. R. 14791). 93–1359 Interior and Insular Affairs.
      93–1645 [Conference]
93–622 Jan. 3 2096 S. 3433 (H. R. 13455). 93–1599 Interior and Insular Affairs
93–623 Jan. 3 2102 8. 3481 (H. R. 14266). 93–1475 Interstate and Foreign Commerce.
93–624 Jan. 3 2106 H. J. Res. 1180 93–1616 Appropriations
      93–1641 [Conference]
93–625 Jan. 3 2108 H. R. 421. 93–972 Ways and Means.
      93–1642 [Conference]
93–626 Jan. 3 2121 H. R. 5773 93–1497 Interior and Insular Affairs
93–627 Jan. 3 2126 H. R. 10701 (S. 4076). 93–668 Public Works
      93–1605 [Conference]
93–628 Jan. 3 2147 H. R. 11144 93–1137 Armed Services
93–629 Jan. 3 2148 H. R. 11273 93–716 Agriculture
93–630   2152 H.R. 11796 93–1213 Ways and Means
93–631 Jan. 3 2153 H R 11802 93–1478 Public Works.
93–632 Jan. 3 2153 H. R. 12884 93–989 Interior and Insular Affairs
93–633 Jan. 3 2156 H. R. 15223 (S. 4057). 93–1083 Interstate and Foreign Commerce
      93–1589 [Conference]
93 634   2173 H R 15322 93–1480 Public Works
93–635 Jan. 3 2173 H. R. 16925 93–1436 District of Columbia
93–636 Jan. 3 2179 H. R. 17468 93–1477 Appropriations
      93–1617 [Conference]
93–637 Jan. 4 2183 8. 356 (H. R. 7917) 93–1107 Interstate and Foreign Commerce.
      93–1606 [Conference]
93–638 Jan. 4 2203 S. 1017 93–1600 Interior and Insular Affairs
93–639 Jan. 4 2217 S. 1083 93–1570 Judiciary
93–640 Jan. 4 2217 S. 2854 ........  
93–641 Jan. 4 2225 8. 2994 (H. R. 16204). 93–1382 Interstate and Foreign Commerce
      93–1640 [Conference]
93–642 Jan. 4 2276 8. 3548 (H. R. 17481). 93–1505 Education and Labor
93–643 Jan. 4 2281 S. 3934 93–1567 Public Works
      93–1622 [Conference]
93–644 Jan. 4 2291 H. R. 14449 (S. 4178). 93–1043 Education and Labor
      93–1639 [Conference]
93–645 Jan. 4 2330 H. R. 14689 93–1430 Interior and Insular Affairs
A25

BILLS ENACTED INTO PUBLIC LAW
Senate Dates of consideration and passage: Congressional Record. Vol. 119 (1973); Vol. 120 (1974) Presidential statement: Public Papers of the Presidents
Report
No.		 Committee reporting House Senate
        Ford: 1975
93–1298 Finance Dec. 10, 11, 1973; Dec. 20, 1974. Dec. 5, 11–13, 20, 1974. Jan. 3.
93–1021 Judiciary Dec. 19, 20, 1974. July 23, Dec. 20, 1974. Jan. 4.
93–406 Interior and Insular Affairs Oct. 10, Dec. 18, 1974. Sept. 24, 1973; Dec. 18, 1974.  
93–1207 Interior and Insular Affairs Nov. 18, Dec, 20, 1974. Oct. 3, Dec. 20, 1974.  
93–803 Agriculture and Forestry Dec. 18, 1974 May 31, Dec. 19, 1974.  
93–1257 Commerce Dec. 13, 18, 1974. Oct. 10, Dec. 17, 1974.  
93–1406 Appropriations Dec. 18, 19, 1974. Dec. 19, 1974  
93–1357 Finance Apr. 8, Dec. 20, 1974. Dec. 17, 20, 1974.  
93–1333 Interior and Insular Affairs Dec. 3, 17, 1974. Dec. 12, 1974  
93–1217 Commerce, Interior and Insular Affairs, Public Works. June 6, Dec. 17, 1974. Oct. 9, Dec. 17, 1974. Jan. 4.
93–1360 [Conference]      
93–1410 Armed Services July 1, 1974 Dec. 19, 1974
93–1313 Agriculture and Forestry Dec. 18, 1973; Dec. 19, 1974. Dec. 11, 1974  
93–1355 Finance Aug. 19, 1974 Dec. 19, 1974.  
93–1416 Public Works Dec. 3, 1974 Dec. 19, 1974  
93–1043 Interior and Insular Affairs May 6, Dec. 17, 1974. Aug. 1, Dec. 19, 1974.  
93–1192 93–1347 Commerce [Conference] June 24, Dec. 19, 1974. Oct. 7, Dec. 18, 1974. Jan. 4.
93–1417 Public Works Dec. 3, 1974 Dec. 19, 1974  
93–1348 District of Columbia Oct. 10, Dec. 20, 1974. Dec. 14, 1974  
93–1302 Appropriations Nov. 26, Dec. 18, 1974. Dec. 16, 18, 1974.  
93–151 Commerce Sept. 19, Sept. 12, 1973;  
93–280 Banking, Housing and Urban Affairs. Dec. 19, 1974. Dec. 18, 1974.  
93–1408 [Conference]      
93–682, 93–762 | Interior and Insular Affairs Dec. 19, 1974 Feb. 8, 18, Apr. 1, Dec. 19, 1974. Jan. 4.
93–274 Judiciary Dec. 17, 1974 July 13, 1973; Dec. 18, 1974.  
93–1251 Labor and Public Welfare Dec. 18, 1974 Oct. 11, Dec. 19, 1974.  
93–1285 Labor and Public Welfare Dec. 13, 20, 1974. Nov. 25, Dec. 19, 1974.  
93–1068 Labor and Public Welfare Dec. 17, 1974 Aug. 7, Dec. 18, 1974. Jan. 4.
93–1111 Public Works Dec. 16, 18, 1974. Sept. 11, Dec. 18, 1974. Jan. 4.
93–1291 Labor and Public Welfare May 28, 29, Dec. 20, 1974. Dec. 5, 10, 11, 13, 19, 1974. Jan. 4.
    Oct. 7, 1974 Dec. 17, 1974 Jan. 4.
A26

GUIDE TO LEGISLATIVE HISTORY OF
Public Law 88
Stat.		 Bill No. House
No. Date approved Report
No.		 Committee reporting
1975        
93–646 Jan. 4 2333 H. R. 15977 (S. 3917) 93–1261 Banking and Currency
      93–1439, 93–1582, 93–1633 } [Conference]
93–647 Jan. 4 2337 H. R. 17045 93–1490 Ways and Means
93–648 Jan. 8 2361 H. R. 510 93–1643 93–986 [Conference] Interior and Insular Affairs
93–649 Jan. 8 2361 H. R. 12860 93–1387 Armed Services
           
A27

BILLS ENACTED INTO PUBLIC LAW
Senate Dates of consideration and passage: Congressional Record. Vol. 119 (1973); Vol. 120 (1974) Presidential statement: Public Papers of the Presidents
Report
No.		 Committee reporting House Senate
        Ford: 1975
93–1097 Banking, Housing and Urban Affairs. Aug. 21, Nov. 20, Sept. 19, Nov. 26,  
93–1335 [Conference] Dec. 18, 1974. Dec. 2–4, 12–14, 16, 19, 1974.  
93–1356 Finance. Dec. 9, 20, 1974. Dec. 17, 20, 1974. Jan. 4.
93–1403 Agriculture and Forestry May 6, 1974 Dec. 20, 1974  
93–1345 Armed Services Oct. 7, Dec. 20, 1974. Dec. 13, 1974  
LAWS AFFECTED IN VOLUME 88 EXPLANATION

General.

The following table is designed to serve as a guide to prior laws which are patently amended, repealed, or otherwise affected by the textual provisions of the public laws and proclamations contained in this volume.

This table is arranged chronologically. In preparing the table the “basic act” principle has been followed. Under this principle the key listing of amendatory legislation will be found under the basic act affected, rather than under intervening amendments thereto. Furthermore, all laws included are treated as if tables covering prior volumes of the United States Statutes at Large were in existence. Thus no attempt is made to give an historical picture of a law, and only the latest amendment in the chain will be reflected. Occasionally, to promote clarity, cross references have been supplied at key points.

Users of the table should, therefore, look under the date, public law number, or statutes volume and page number of the basic act affected, in order to determine whether changes have been made by the public laws and proclamations contained in this volume. Althouth a given section of any act may have been added at a later date, the section is carried under the date and statutes citation of the basic act. For this reason the page numbers in the column headed “Statutes volume and page” are the numbers of the page on which each act begins.

The “Comment” column describes the nature of the affecting action. These are editorial comments, intended to reflect what is patent in the laws reviewed, and every effort has been made to avoid interpretations.

From time to time the annual tables will be cumulated and made separately available as a convenience to users. The most recent cumulation is the Laws Affected Tables for 1956–1970, Volumes 70–84, United States Statutes at Large.

Caveat.

This table is editorially compiled and presented as a reference guide only. Hence it has no evidentiary status or legal effect. Indirect or implied relationships are not included. These may be found through use of the Subject Index or through research based on the text itself.

Note.

Volumes 71 through 86 of the United States Statutes at Large included additional tables of amendments and other affecting actions for special groups of materials such as Revised Statutes, Internal Revenue Codes, positive law titles of the United States Code, etc. Other tables listed broad repeals of unspecified provisions and prior laws which were simply referred to in the text. Because of their limited usefulness and the existence in some cases of other research aids for these materials, former tables 2–19 have been discontinued.

The Office of the Federal Register invites criticisms or suggestions as to the usefulness of this finding aid.

B1

LAWS AFFECTED IN VOLUME 88

TABLE OF PRIOR LAWS AMENDED, REPEALED OR OTHERWISE AFFECTED
Provisions affected Amendatory provision
Date Statutes vol.:page Chapter Section Statutes vol.:page Public Law Section Comment
1862              
July  2 12:503 130 .......... 1428 93–471 208(a)(5), (b)(1) Supplemental provision.
1875              
Mar.  3 18:477 141 1 1387 93–461 .......... Repeal.
3 18:477 141 2 1387 93–461 .......... Repeal.
3 18:477 141 4 1387 93–461 .......... Repeal.
1877              
Mar.  3 19:363 106 .......... 363 93–353 103 Exception.
1881              
Mar.  3 21:458 134 .......... 1065 93–407 474(b), 476(a) Partial repeal; savings provision.
1883              
Mar.  3 22:568 137 5 1065 93–407 474(h), 476(a) Repeal; savings provision.
1884              
July  5 23:133 229 4 22 93–251 34 Supplemental provision.
1885              
Mar.  3 23:478 360 1(1) 123 93–280 1(1), (2) Part of existing text designated as subpar. (1) and amended.
3 23:478 360 1(2) 123 93–280 1(3) Addition.
1887              
Feb.  4 24:379 104 202(b)(2) 1532 93–496 14 Amendment.
4 24:379 104 205(g) 1918 93–584 9, 10 Amendment; savings provision.
4 24:379 104 301–325 1966 93–605 2(a) Exception.
Mar.  2 24:440 314 .......... 1429, 1430 93–471 208(e), 407 (Revised. See 1955, P.L. 352.)
1888              
Oct.  2 25:505 1069 .......... 1776 93–554 101(1) Amendment.
1890              
July  2 26:209 647 1–3 1708 93–528 3(1)(3) Amendment.
3 26:215 656 5(a) 1821 93–562 1(a), (b)(1)–(3) Existing text designated as subsec. (a) and amended.
3 26:215 656 5(b) 1821 93–562 1(c) Addition.
Aug.  30 26:417 841 .......... 1428 93–471 208(a)(1), (5) Supplemental provision. (See also 1862. Chp. 130.)
1894              
Aug.  14 28:282 287 1–4 1065 93–407 474(f), 476(a) Repeal; savings provision.
14 28:282 287 6–8 1065 93–407 474(f), 476(a) Repeal; savings provision.
1898              
July  7 30:652 571 .......... 1065 93–407 474(c), 476(a) Partial repeal; savings provision.
B3 B4

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provision
Date Statutes vol.:page Chapter Section Statutes vol.:page Public Law Section Comment
1901              
Mar.  3 31:1449 872 16 1545 93–498 18 Deletion; new sec. 16 added.
3 31:1449 872 17 1545 93–498 18 Deletion.
1902 31:1449 Public Law 17 1545 93–498 18 Deletion.
July  1 32:590 218 5 1065 93–107 474(e), 476(a) Partial repeal; savings provision.
1 32:590 218 6, par. 1 1065 93–407 474(e), 476(a) Partial repeal; savings provision.
1903              
Feb.  11 32:823 82 1 1708 93–528 4 Revision.
11 32:823 82 2 1709, 1710 93–528 5, ? Revision; savings provision.
14 32:825 87 12 1549 93–498 23 Revision
19 32:847 103 3 1709 93–528 6(b) Amendments.
1904              
Apr.  28 33:452 194 .......... 1740 93–543 .......... Exception.
1904              
June  9 34:227 213 1 1875 93–574 .......... Exception.
9 34:227 213 3 1875 93–574 .......... Addition.
1907              
Mar.  4 34:1256 242 .......... 1428 93–471 208(a)(2), (5) Supplemental provision.
1909              
Mar.  3 35:815 317 6 22 93–251 34 Project modification. (See also 1884, Chp. 229, sec. 4.)
1910              
May  6 36:350 165 2 2166 93–633 204(b) Amendment.
1911              
Mar.  1 36:961 435 .......... 817 93–404 .......... Restriction.
1912              
Aug.  24 37:417 302 1 806, 807 93–404 .......... Exception.
1913              
Jan.  30 37:654 355 4 85 93–266 1(a) Amendment.
30 37:654 355 6 85 93–266 1(b) Amendment.
Mar.  4 37:938 435 8, par. 42 1976 93–614 2(a)-(c) Amendment.
4 37:938 435 8. par. 97(a) 2178 93–635 17 Amendments.
Dec.  23 38:251 43 10 1505 93–495 108 Amendment.
23 38:251 43 10(b) 1368 93–449 5 Amendment.
23 38:251 43 14(b) 1505 93–495 109 Amendment.
23 38:251 43 19(a) 1557 93–501 101(a), (b) Amendment; nonapplicability.
23 38:251 43 19(j) 1505 93–495 107 Effective and termination dates of 1966 amendment, extension.
23 38:251 43 19(k) 1560, 1561 93–501 301, 304 Addition.
23 38:251 43 24 716 93–383 711 Revision.
23 38:251 43 24(a)(2) 725 93–383 802(i)(1) Amendment.
1914              
May  8 38:372 95 .......... 1428 93–471 208(b)(1), (2) (Revised. See 1953, P.L. 83, sec. 1.)
July  16 38:454 127 5 207 93–305 .......... Exception.
16 38:454 127 5(c)(2) 441 93–371 .......... Exception.
B5

AMENDMENTS AND REPEALS
Provisions affected Amendatory provision
Date Statutes vol.:page Chapter Section Statutes vol.:page Public Law Section Comment
1914              
Sept.  26 38:717 203 5 2193 93–637 201(a) Amendment.
Sept.  26 38:717 203 5(a)(1) 2190, 2192 93–637 110(b), 112(a) Supplemental provision.
26 38:717 203 5(m) 2200 93–637 204(b), (c), 205(a), (b) Repeal; new subset, (m) added,
26 38:717 203 6 2198 93–637 203(a)(3) Amendment.
26 38:717 203 6(a) 2193, 2198 93–637 201(b), 203(a)(1) Amendments.
26 38:717 203 6(b) 2193, 2198 93–637 201(b), 203(a)(2) Amendments.
26 38:717 203 6(e) 2198 93–637 202(b) Amendment.
26 38:717 203 9 893 93–406 504(c) Applicability.
26 38:717 203 9 1656 93–518 12 Applicability.
26 38:717 203 9 2198 93–637 203(b)(1)–(3) Amendment.
26 38:717 203 to 893 93–406 504(c) Applicability.
26 38:717 203 1O 1656 93–518 12 Applicability.
26 38:717 203 10 2199 93–637 203(c)(1), (2) Amendments.
26 38:717 203 12(a) 2193 93–637 201(c) Amendment.
26 38:717 203 12(b) 2193 93–637 201(c) Amendment.
26 38:717 203 16 2199 93–637 204(a), (c) Revision.
26 38:717 203 18 2193 93–637 202(a) Sec, 18 redesignated as 21; new 18 added.
26 38:717 203 18(e)(3)(B) 2189 93–637 109(a) Nonapplicability.
26 38:717 203 19 2201 93–637 206(a) Add it ion.
26 38:717 203 20 2203 93–637 207 Addition.
26 38:717 203 21 2193 93–637 202(a) Former sec. 18redesignatedas 21.
Oct.  15 38:730 212 5(b)–(i) 1706 93–528 2 Subsec. (b) redesignated as (1); new (b)–(h) added.
1916              
Sept.  1 39:676 250 12(a)(3) 1041 93–407 121(d)(1), (2), 124(a) Revision.
1 39:676 250 12(a)(3) 2175 93–635 3(b), (d) Effective date of 1974 amendment.
1 39:676 250 12(a)(l7) 1040, 1041 93–407 121(a), 24(a) Addition,
1 39:676 250 12(f)–(h) 1040, 041 93–407 121(b)(1), 124(a) Amendment.
1 39:676 250 12(f) 2177 93–635 10(a), (f) Amendment.
1 39:676 250 12(g)(2) 1040, 1041 93–407 121(b)(2), 124(a) Amendment.
1 39:676 250 12(g)(3) 1040, 1041 93–407 121(c), 24(b) Addition.
1 39:676 250 12(h)(1) 1040, 041 93–107 121(b)(2), 124(a) Amendment.
. 1 39:676 250 12(h)(3) 1040, 041 93–107 121(b)(3), 124(a) Amendment.
1 39:676 250 12(k)(2) 1040, 041 93–407 121(b)(4), 124(a) Amendments.
1 39:676 250 12(k)(3) 1040, 1041 93–407 121(b)(5), 124(a) Amendment
1 39:676 250 12(m)(2) 1041 93–407 123 Amendment.
1 39:676 250 12(m)(2) 2175 93–635 3(c), (d) Effective date of 1 974 amendment.
7 39:728 260   1966 93–605 2(a) Applicability.
7 39:728 260 3 1966 93–605 2(a) Addition.
7 39:728 260 9 1965 93–605 1 Exception. (Referred to in text as Act of 1961.)
7 39:728 260 37 1965 93–605 1 Exception. (Referred to in text as Act of 1961.)
B6

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provision
Date Statutes vol.:page Chapter Section Statutes vol.:page Public Law Section Comment
1917              
Sept.  24 40:288 43 .......... 648, 656, 670. 724 93–383 108(d), 201(a), 210(d)(3), 802(e)(2) Supplemental provision.
24 40:288 43 .......... 767 93–390 2(3)(C) Supplemental provision.
24 40:288 43 .......... 1010 93–406 4005(c) Supplemental provision.
24 40:288 43 .......... 1348 93–445 101 Supplemental provision.
24 40:288 43 .......... 2268 93–641 4 Supplemental provision.
24 40:288 43 .......... 2279 93–642 10(b) Supplemental provision.
24 40:288 43 21 285 93–325 1, 2 Debt limit increase; repeal of temporary provision.
1918              
May  25 40:561 159 2 1714 93–531 5(a)(1) Exception,
July  3 40:755 186 .......... 190 93–300 2, 3 Title revised.
3 40:755 186 2 190 93–300 1UH3), 3 Amendment.
1919              
Feb.  26 40:1175 277 3 2093 93–620 10(f) Repeal.
26 40:1175 277 7 2091 93–620 9(b) Revision.
Sept.  16 41:284 47 5 1792 93–557 .......... Revision.
1920              
June  4 41:739 238 1 1151 93–417 .......... Revision..
5 41:1054 267 .......... 1967 93–608 1(4) Amendment.
1921              
May  27 42:9 10 201 2052 93–618 331(b) Applicability.
27 42:9 to 201(a) 2043, 2049 93–618 321(a)(1), (g)(1) Amendment.
27 42:9 10 201(b)–(d) 2043, 2049 93–618 321(a)(2), (g)(1) Subsecs. (b), (c) deleted; new (b)–(d) added.
27 42:9 10 203 2045, 2049 93–618 321(b), (g)(2) Revision.
27 42:9 10 204 2046, 2049 93–168 321(c), (g)(2) Revision.
27 42:9 10 205(b)–(d) 2046, 2049 93–618 321(d), (g)(2) Existing text designated as (a), subsecs, (b)–(d) added.
27 42:9 to 212(3)(B)–(F) 2048, 2049 93–618 321(e), (g)(2) Subpars. (B), (D), (F) deleted; (C), (E) redesignated as (B), (C).
June  10 42:20 13 201 324, 332 93–344 602, 905(a) Amendment.
10 42:20 13 201(a)(5) 324, 331 93–344 603(1), (2), 905(d) Amendment.
10 42:20 13 201(a)(6) 324.331 93–344 603(3), 905(d) Amendment.
10 42:20 13 201(a)(l3) 324, 33 t 93–344 604(1)–(3), 905(d) Addition.
10 42:20 13 201(d)–(i) 323, 331 93–344 601, 905(d) Addition.
10 42:20 13 207 11 93–250 1, 2 Amendment.
Aug.  15 42:159 51 .......... 1523 93–495 503 Supplemental provision.
1922              
Mar.  20 42:465 173 .......... 1843 93–564 1 Applicability.
June  29 42:668 256 .......... 1052 93–407 411 Exception. (Referred to in text as Act of June 2, 1922.)
B7

AMENDMENTS AND REPEALS
Provisions affected Amendatory provision
Date Statutes vol.:page Chapter Section Statutes vol.:page Public Law Section Comment
1922              
Sept.  21 42:998 331 .......... 1392. 1415 93–463 103(a), (b), (c), (f), 418(a) Amendment.
Sept.  21 42:998 331 .......... 1392, 1415, 1416 93–463 104, 418(a), (b) Supplemental provision.
21 42:998 331 .......... 1405, 1415 93–463 217(a), 418(a) Applicability.
21 42:998 331 2(a)(1)–(11) 1389, 1415 93–163 101(a), 418(a) Existing text designated as (1) and amended; pars. (2)–(11) added.
21 42:998 331 2(a)(1) 1395, 1415 93–463 201(a), (b), 202, 418(a) Amendment.
21 42:998 331 4a(l) 1413, 1415 93–463 403, 418(a) Amendment.
21 42:998 331 4a(3) 1413, 1415 93–463 404, 418(a) Amendment.
21 42:998 331 4b 1413, 1415 93–463 405(a), (b), 418(a) Amendment.
21 42:998 331 4c(a) 1412, 1413, 1415 93–463 402(a), (d), 418(a) Existing text designated as subsec. (a) and amended.
21 42:998 331 4c(a)(B) 1412, 1415 93–463 402(b), 418(a) Deletion; new par. (B) added.
21 42:998 331 4c(b) 1412, 1415 93–463 402(c), 418(a) Addition.
21 42:998 331 4g(lM6) 1415 93–463 415, 418(a) Existing text designated as (1); subsecs. (2)–(6) added.
21 42:998 331 4j 1396, 1415 93–463 203, 418(a) Addition.
21 42:998 331 4k 1396, 14)5 93–463 204(a), 418(a) Addition.
21 42:998 33) 4Up 1397–1400, 1415 93–463 205(a), 206, 418(a) Addition.
21 42:998 331 5(a) 1392, 14)5 93–463 103(g), 418(a) Amendment.
21 42:998 331 5(g) 1400, 1415 93–163 207, 418(a) Addition.
21 42:998 331 5a(6) 1413, 1415 93–463 406, 418(a) Amendment.
21 42:998 331 5a(7) 1400, 1415 93–463 208(a), 418(a) Amendment.
21 42:998 331 5a(8) 1413, 1415 93–463 407(a), (b), 418(a) Amendment.
21 42:998 331 5a(10M12) 1401, 1415 93–463 208(b)–(d), 209, 210, 418(a) Addition.
21 42:998 331 6(a) 1392, 1415 93–463 103(c), 418(a) Amendment.
21 42:998 331 6(b) 1392. 1415 93–463 103(d), 418 (a) Amendment.
21 42:998 331 6(b) 1397, 1400, 1403, 1414, 1415 93–463 204(b), 205(b), 212(a)(1), (2), 408(a), (b), 418(a) Amendment.
21 42:998 331 6(c) 1404, 1415 93–463 212(c), 418(a) Amendment.
21 42:998 331 6(d) 1403, 1415 93–463 212(a)(3), 418(a) Addition.
21 42:998 331 6b 1403, 1415 93–463 212(b), 418(a) Revision.
21 42:998 331 6c 1402, 1415 93–463 211, 418(a) Addition.
B8

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provision
Date Statutes vol.:page Chapter Section Statutes vol.:page Public Law Section Comment
1922              
Sept.  21 42:998 331 8 1392, 1415 93–463 105, 418(a) Amendment.
21 42:998 331 8(a)(1) 1397, 1400, 1415 93–463 204(c), 205(c), 418(a) Amendment,
21 42:998 331 8a(7) 1404, 1415 93–463 213, 418(a) Deletion; new subsec. (7) added.
21 42:998 331 8a(8) 1404, 1415 93–463 214, 418(a) Addition.
21 42:998 331 8a(9) 1404, 1415 93–463 215, 418(a) Addition.
21 42:998 331 8c 1405, 1415 93–463 216, 418(a) Addition.
21 42:998 331 9(a)-(c) 1404, 1415 93–463 212(d), 418(a) Amendment.
21 42:998 331 9(c) 1405, 1415 93–463 217(b), 418(a) Applicability.
21 42:998 331 9(c) 1414, 1415 93–163 409, 418(a) Amendment.
21 42:998 331 9(d) 1412, 1415 93–463 401, 418(a) Addition.
21 42:998 331 9(e) 1412. 1415 93–463 401, 418(a) Addition.
21 42:998 331 12 1391, 1415 93–163 101(b), 418(a) Revision.
21 42:998 331 14 1393, 1415 93–463 106, 418(a) Addition.
21 42:998 331 15 1395, 1415 93–463 107, 418(a) Addition.
21 42:998 331 16 1414, 1415 93–463 414. 418(a) Addition.
21 42:998 331 17 1406, 1415 93–463 301, 418(a) Addition.
21 42:998 331 18 14)5 93–463 416, 418(a) Addition.
1925              
Feb.  24 43:966 453 7 85 93–267 .......... Amendment.
1926              
May  7 44:403 186 4(g)(1)(A) 83 93–263 1(1) Amendment.
7 44:403 186 4(g)(1)(C) 83 93–263 1(2) Amendment.
7 44:403 186 4(g)(1)(E) 83 93–263 1(3) Amendment.
7 44:403 186 4(E)(2) 83 93–263 1(4) Amendment.
June  14 44:741 386 .......... 1375 93–453 1 (Revised. See 1954, P.L. 387,)
July  3 44:832 480 4 2177 93–635 9 Repeal.
1928              
May  7 45:491 350 1 1816 93–559 47 Amendment.
15 45:534 391 .......... 23 93–251 42 Project modification.
22 45:699 466 9 476 93–378 2(b) Revision.
1930              
May  27 46:391 271 7 811 93–404 .......... Exception.
June  10 46:531 325 2(5) 423 93–369 .......... Amendment.
12 46:580 347 2 1731 93–534 .......... Addition.
17 46:590 361 303 2049, 2053 93–618 331(a), (d)(1), (2) Revision.
17 46:590 361 303 2052 93–618 331(b) Applicability.
17 46:590 361 321(a)(2) 2075 93–618 610(a), (b) Amendment.
17 46:590 361 330(a) 2009 93–618 172(a) Revision.
17 46:590 361 330(b) 2009 93–618 172(a) Revision.
17 46:590 361 330(c)(1) 2010 93–618 172(b) Existing text designated as par. (1) and amended.
17 46:590 361 330(c)(2) 2010 93–618 172(b)(2) Addition.
B9

AMENDMENTS AND REPEALS
Provisions affected Amendatory provision
Date Statutes vol.:page Chapter Section Statutes vol.:page Public Law Section Comment
1930              
June  17 46:590 361 330(e) 2011 93–618 175(b) Addition.
17 46:590 361 332(g) 2010, 2056 93–618 173(1), (2), 341(b), (c) Amendment.
17 46:590 361 333(c) 2011 93–618 174(1) Amendment.
17 46:590 361 333(g) 2011 93–618 174(2) Addition.
17 46:590 361 337 2053, 2056 93–618 341(a), (c) Revision.
17 46:590 361 484(e) 2073, 2074 93–618 608(a), (e) Revision.
17 46:590 361 514 235 93–310 2(b) Exception.
17 46:590 361 514 1550 93–499 1(c) Exception.
17 46:590 361 514 2152 93–630 2(b) Exception.
17 46:590 361 515(a) 2075 93–618 611 Exception.
17 46:590 361 515(d) 2053 93–618 331(c), (d)(1) Amendment.
17 46:590 361 5l6(aHc) 2052, 2053 93–618 331(b), (d)(1) Revision.
(7 46:590 361 S16(d)–(h) 2048, 2049 93–618 321(f)(1), (g)(3) Subsecs. (d)–(g) redesignated as (e)–(h); new (d) added.
      Tariff Schedules        
17 46:590 361 (title I) .......... 2068 93–618 502(d) Gen. Hdnt. 3(a)(iii) added.
17 46:590 361 (title I) Item 106.10 2455, 2456 Proc. 4272 (1), (3) Limitation; temporary suspension.
17 46:590 361 (title I) Item 106.20 2455, 2466 Proc. 4272 (1), (3) Limitation; temporary suspension.
17 46:590 361 (title I) Items 155.10–155.75 2539 Proc. 4334 (1), (3) Sched. 1, Prt. 10, A, Hdnt. 3 added.
17 46:590 361 (title I) Item 155.20 2539 Proc. 4334 (1)–(3) Limitation; rate reestablishment.
17 46:590 361 (title I) Item 155.30 2539 Proc. 4334 (1)–(3) Limitation; rate reestablishment.
17 46:590 361 (title I) Item 427.96 1456 93–482 1, 2(a), (b) Deletion; new 427.96 added.
17 46:590 361 (title I) Item 427.97 1456 93–482 1, 2(a), (b) Addition.
17 46:590 361 (title I) Item 651.01 2108, 2109 93–625 1(a)(1), (b) Item description amended.
17 46:590 361 (title I) Item 651.04 2109 93–625 1(a)(2), (b) Amendment.
17 46:590 361 (title I) Item 651.06 2109 93–625 1(a)(3), (b), (c) Addition.
17 46:590 361 (title I) Item 680.35 2465 Proc. 4279 1, 3 Rate modification.
17 46:590 361 (title I) Item 903.50 (App.) 1459 93–484 1, 2 Addition.
17 46:590 361 (title I) Item 903.51 (App.) 1459 93–484 1, 2 Addition.
17 46:590 361 (title I) Item 903.70 and prec. heading (App.) 1454 93–480 1, 2 Addition,
17 46:590 361 (title I) Item 903.80 (App.) 1454 93–480 1, 2 Addition.
17 46:590 361 (title I) Item 905.30 (App.) 1549, 1550 93–499 1(a), (b) Duty suspension, extension.
17 46:590 361 (title I) Item 905.31 (App.) 1549, 1550 93–499 1(a), (b) Duty suspension, extension; amendment.
17 46:590 361 (title I) Item 907.60 (App.) 1457 93–183 1, 2 Addition.
17 46:590 361 (title I) Item 911.10 (App.) 1534 93–497 1, 2 Duty suspension, extension.
17 46:590 361 (title 0 Item 911.11 (App.) 1534 93–497 1, 2 Duty suspension, extension.
B10

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provision
Date Statutes vol.:page Chapter Section Statutes vol.:page Public Law Section Comment
1930     Tariff Schedules—Continued        
June  17 46:590 361 (title Items 911.13–911.16 (App.) 1534 93–497 1, 2 Duty suspension, extension.
17 46:590 361 (title I) Item 911.25 (App.) 1422 93–470 1, 2 Addition.
17 46:590 361 (title I) Item 911.70 (App.) 235 93–310 1, 2(a) Duty suspension, extension.
17 46:590 361 (title I) Item 912.05 (App.) 1466 93–490 1(a), (b) Duty suspension, extension.
17 46:590 361 (title I) Item 912.10 (App.) 1466 93–490 1(a), (b) Duty suspension, extension.
17 46:590 361 (title I) Item 923.80 and prec. heading (App.) 2465, 2467 Proc. 4279 1, Annex Addition.
17 46:590 361 (title I) Item 923.82 (App.) 2465, 2467 Proc. 4279 1, Annex Addition.
17 46:590 361 (title I) Item 923.84 (App.) 2465, 2467 Proc. 4279 1, Annex Addition.
17 46:590 361 (title I) Items 945,01–945.04 and prec. heading (App.) 2541 Proc. 4335 (1)–(3) Addition; limitation.
17 46:590 361 (title I) Item 945.16 (App.) 2495 Proc. 4304 (2) Addition; limitation. Revision.
17 46:590 361 (title I) Items 949.809–55.06 (App.) 2438 Proc. 4258 .......... Exception.
17 46:590 361 (title I) Items 949.80–955.06 (App.) 2438 Proc. 4258 .......... Prt. 3, Hdnt. 3(a)(vit) revised.
17 46:590 361 (title I) Items 949.80–955.06 (App.) 2441 Proc. 4260 .......... Exception.
17 46:590 361 (title I) Items 949, 80–955.06 (App.) 2441 Proc. 4260 .......... Prt. 3, Hdnt. 3(a)(ix) added.
17 46:590 361 (title I) Items 949.80–955.06 (App.) 2458 Proc. 4274 .......... Exception.
17 46:590 361 (title I) Items 949.80–955.06 (App.) 2458 Proc. 4274 .......... Prt. 3, Hdnt. 3(a)(vi) revised.
17 46:590 361 (title I) Items 949.80–955.06 (App.) 2488 Proc. 4298 .......... Exception.
17 46:590 361 (title I) Items 949.8O–95 5.06 (App.) 2488 Proc. 4298 .......... Prt. 3, Hdnt. 3(a)(ix) superseded.
17 46:590 361 (title I) Items 949.80–955.06 (App.) 2488 Proc. 4298 .......... Prt. 3, Hdnt. 3(c) added.
17 46:590 361 (title hem 950.02 (App.) 2458 Proc. 4274 .......... Limitation; temporary suspension.
17 46:590 361 (title I) Item 950.08A (App.) 2438 Proc. 4258 .......... Limitation; temporary suspension.
17 46:590 361 (title I) Item 950.60 (App.) 2441 Proc. 4260 .......... Limitation; temporary suspension.
17 46:590 361 (title I) Item 950.60 (App.) 2488 Proc. 4298 .......... Limitation; suspension.
26 46:817 440 .......... 794 93–396 .......... (Revised. See 1940, P.L.830.)
July  3 46:855 510 4 1445 93–477 101(2) Amendment.
1932              
June  30 47:382 212 .......... 1208 93–433 .......... Exception.
B11

AMENDMENTS AND REPEALS
Provisions affected Amendatory provision
Date Statutes vol.:page Chapter Section Statutes vol.:page Public Law Section Comment
1932              
June  30 47:382 212 321 1533 93–496 15 Exception.
July  22 47:725 304 5B 1505 93–495 107 Effective date of 1969 repeal, extension.
22 47:725 304 5B(a)–(c) 1558 93–501 103(1)–(3) Amendment.
22 47:725 304 5B(e) 1560, 1561 93–501 303, 304 Addition.
22 47:725 304 6(i) 1522 93–495 503 Supplemental provision.
22 47:725 304 7(a) 1739 93–541 3 Amendment.
22 47:725 304 8a 1739 93–541 6 Amendment.
22 47:725 304 10(b) 1367 93–149 4(c) Amendment.
22 47:725 304 11(h) 727 93–383 805(c)(2) Amendment.
22 47:725 304 11(i) 1506 93–495 112(1), (2) Amendment.
22 47:725 304 16 727 93–383 805(c)(3) Amendment.
22 47:725 304 17 1522 93–495 503 Supplemental provision.
22 47:725 304 18(c) 1107 93–414 .......... Limitation increase
1933              
Mar.  3 47:1425 415 .......... 1463 93–487 1 Applicability.
3 47:1425 415 5 1463 93–487   Amendment.
3 47:1425 415 6 1463 93–487 2 Deletion.
3 47:1489 428 (tille III) 3 406 93–365 707(a) Applicability.
May  18 48:58 17 9(b)(3) 390 93–356 5 Amendment.
June  13 48:128 43 5(b)(2) 1502 93–495 101(e), (g) Amendment.
13 48:128 43 5(c) 715, 716 93–383 702–706 Amendment.
13 48:128 43 5(c) 715, 716 93–383 702, 706 Exception.
13 48:128 43 5(c) 725 93–383 8O2(i)(2) Amendment.
13 48:128 43 5(c) 727 93–383 805(c)(4) Amendment.
13 48:128 43 5(c) 1367 93–449 4(d) Amendment.
13 48:128 43 5(d) 1522 93–495 503 Supplemental provision.
1934              
Jan.  30 48:337 87 3 445 93–373 2 Effective date of repeal.
30 48:337 87 4 445 93–373 2 Effective date of repeal.
Apr.  16 48:596 167 .......... 2213 93–638 202 (Revised. See 1936, P.L.638, sec. 1.)
June  6 48:881 291 .......... 1523 93–495 503 Supplemental provision.
6 48:881 291 12(i) 1503 93–495 105(b) Revision.
12 48:943 316 2(a) 2072 93–618 602(a) Amendments.
19 48:1021 412 1 322, 331 93–344 505(1), 905(a) Partial repeal.
19 48:1064 416 .......... 1576, 1577 93–505 1, 2 Nonapplicability.
19 48:1064 416 214(b) 1577 93–506 1 Amendment.
19 48:1064 416 222(c)(1) 1577 93–506 2 Amendment
19 48:1064 416 301 1576 93–505 1 Exception.
19 48:1064 416 3O3(l)(l) 1576 93–505 1 Exceptions.
19 48:1064 416 303(l)(2) 1576 93–505 1 Deletion; new par. (2) added.
19 48:1064 416 3O3(l)(3) 1576 93–505 1 Deletion; new par. (3) added.
19 48:1064 416 310(a)–(d) 1576 93–505 2 Subsec. (a) deleted; (b) redesignated as (d); new (a)–(c) added.
19 48:1064 416 315(c)–(b) 1291, 1304 93–443 402(a), 410(a) Subsecs, (c)–(e) deleted; (f), (g) redesignated as (c), (d).
19 48:1064 416 315(c) 1291, 1304 93–443 402(b), 410(a) Redesignated subsec. (c) revised.
B12

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provision
Date Statutes vol.:page Chapter Section Statutes vol.:page Public Law Section Comment
1934              
June  19 48:1064 416 401(d) 1709 93–528 6(a) Repeal.
19 48:1064 416 4l5(a)–(c) 1577 93–507 .......... Revision.
19 48:1064 416 415(d) 1577 93–507 .......... Applicability.
19 48:1125 436 Chp. III, sec. 35 753 93–388 3(c) Nonapplicability.
19 48:1125 436 Chp. III, sec. 41 753 93–388 3(c) Nonapplicabiiity.
27 48:1246 479 .......... 579 93–383 307 Exception.
27 48:1246 479 .......... 683 93–383 311(a) Exceptions.
27 48:1246 479 2(a) 681 93–383 309(b)(3) Exception.
27 48:1246 479 2(a) 681, 685 93–383 309(b)(1), (2), 316(a) Amendment.
27 48:1246 479 2(a) 1366 93–449 4(a)(1) Amendment.
27 48:1246 479 2(a)(i) 681 93–383 309(c) Amendment,
27 48:1246 479 2(b) 681 93–383 309(b)(3), (d) Amendment.
27 48:1246 479 2(b) 1367 93–449 4(a)(2) Amendment.
27 48:1246 479 2(b)(1) 680 93–383 309(a)(1) Amendment.
27 48:1246 479 2(b)(2) 680. 681 93–383 309(a)(2), (3) Amendment.
27 48:1246 479 2(b)(2) 681 93–383 309(d) Exception.
27 48:1246 479 2(b)(3) 681 93–383 309(a)(4) Amendment.
27 48:1246 479 8(b)(2) 163. 164 93–288 602(b), 605 Amendment.
27 48:1246 479 203(b)(2) 676 93–383 302(a) Amendment.
27 48:1246 479 203(b)(2)(i) 682 93–383 310(a)(1) Amendment.
27 48:1246 479 203(b)(2)(ii) 682 93–383 310(a)(2) Amendment.
27 48:1246 479 203(b)(2)(Hi) 682 93–383 310(a)(3) Amendment.
27 48:1246 479 203(h) 163. 164 93–288 602(c), 605 Amendment.
27 48:1246 479 2O3(n) 1367 93–149 4(b) Addition.
27 48:1246 479 207(c)(1) 677 93–383 304(a)(1) Deletion.
27 48:1246 479 207(c)(3) 676, 677 93–383 303(a)(1), (2), 304(a)(2) Amendment,
27 48:1246 479 213(b)(1) 678 93–383 304(b) Deletion.
27 48:1246 479 213(b)(2) 677, 683 93–383 303(b)(1), Amendment.
27 48:1246 479 213(c) 678 93–383 (2). 3H(b) 304(c) Amendment,
27 48:1246 479 217 685 93–383 316(b) Amendment.
27 48:1246 479 220(d)(3) 676 93–383 302(b) Amendment.
27 48:1246 479 (A) 220(d)(3) 682 93–383 310(b)(1) Amendment.
27 48:1246 479 (A)(i)(1) 220(d)(3) 682 93–383 310(b)(2) Amendment.
27 48:1246 479 (A)(i)(2) 220(d)(3) 682 93–383 310(b)(3) Amendment.
27 48:1246 479 (A)(i)(3) 220(d)(3)(B) 678 93–383 304(d) Deletion.
27 48:1246 479 (i) 220(d)(3)(B)(iii) 677 93–383 303(c)(1), Amendment.
27 48:1246 479 221(d)(2)(A) 676 93–383 (2) 302(c)(1), (2) Amendment.
27 48:1246 479 221(d)(3) 686 93–383 319(a) Amendment.
27 48:1246 479 221(d)(3)(i) 678 93–383 304(e)(1) Deletion.
27 48:1246 479 22l(d)(3)(ii) 677 93–383 303(d)(A), (B) Amendment.
27 48:1246 479 22l(d)(4)(i) 678 93–383 304(e)(2) Deletion.
27 48:1246 479 221(d)(4)(ii) 677 93–383 303(e)(1), Amendment.
27 48:1246 479 221(f) 163, 164 93–288 602(d). 605 Amendment.
27 48:1246 479 221(f) 685 93–383 316(c) Amendment.
27 48:1246 479 222(b)(2) 676 93–383 302(d) Amendment.
27 48:1246 479 222(b)(3) 682 93–383 310(c) Revision.
27 48:1246 479 223(f) 683 93–383 311(a) Addition.
27 48:1246 479 223(g) 683 93–383 311(a) Addition.
27 48:1246 479 1231(c)(1) 678 93–383 304(f) Deletion.
B13

AMENDMENTS AND REPEALS
Provisions affected Amendatory provision
Date Statutes vol.:page Chapter Section Statutes vol.:page Public Law Section Comment
1934              
June  27 48:1246 479 231(c)(2) 677 93–383 303(f)(1), (2) Amendment.
27 48:1246 479 232(d)(2) 678 93–383 304(g) Amendment.
27 48:1246 479 234(c) 676 93–383 302(e) Amendment.
27 48:1246 479 234(c)(A) 683 93–383 310(d) Partial revision.
27 48:1246 479 234(e)(1) 678 93–383 304(h) Deletion.
27 48:1246 479 234(e)(3) 677 93–383 303(g)(1), (2) Amendment.
27 48:1246 479 235(a) 672 93–383 211(b) Amendment.
27 48:1246 479 235(b)(2) 672 93–383 211(c)(1) Amendment.
27 48:1246 479 235(h)(1) 671 93–383 211(a)(1), (2) Amendment.
27 48:1246 479 235(h)(2) 671 93–383 211(a)(3) Deletion; new par. (2) added.
27 48:1246 479 235(h)(3)(B) 671 93–383 211(a)(4) Amendment,
27 48:1246 479 235(i)(l) 671 93–383 211(a)(5) Amendment.
27 48:1246 479 235(i)(3)(B) 672 93–383 211(c)(2) Amendment.
27 48:1246 479 235(i)(3)(C) 671 93–383 211(a)(6) Deletion; new cls. (C) added.
27 48:1246 479 235(m) 672 93–383 211(a)(7) Amendment.
27 48:1246 479 236(f)(1)–(3) 672, 673 93–383 212(1), (2) Existing text designated as cis. (1) and amended; former cis. (1), (2) redesignated as subcls. (A), (B), new cts. (2), (3) added.
27 48:1246 479 236(g) 673 93–383 212(3) Deletion; new subsec. (g) added.
27 48:1246 479 236(i)(1) 673 93–383 212(4) Amendment.
27 48:1246 479 236(i)(2)–(4) 673 93–383 212(5) Pars. (2), (3) deleted; new (2)–(4) added.
27 48:1246 479 236(n) 674 93–383 212(6) Amendment.
27 48:1246 479 236(p) 674 93–383 212(7) Addition.
27 48:1246 479 238(c) 685 93–383 318 Addition.
27 48:1246 479 241(d) 684 93–383 313 Addition.
27 48:1246 479 242(d)(2) 678 93–383 304(i) Amendment.
27 48:1246 479 244 679 93–383 307 Addition.
27 48:1246 479 245 680 93–383 308 Addition.
27 48:1246 479 246 684 93–383 315 Addition.
27 48:1246 479 302(a)(2) 727 93–383 806(a)(1) Amendment.
27 48:1246 479 302(a)(2)(A) 727 93–383 806(a)(2) Amendment.
27 48:1246 479 302(a)(2)(B) 727 93–383 806(a)(2), (b)(1)–(3) Amendment.
27 48:1246 479 302(b)(1) 1739 93–541 2 Amendment.
27 48:1246 479 302(b)(l)(3) 728 93–383 807 Amendment.
27 48:1246 479 302(b)(2) 727 93–383 806(c), (e), (f) Amendment.
27 48:1246 479 302(b)(2)(C) 727 93–383 806(d) Amendment.
27 48:1246 479 303(a) 727, 728 93–383 806(g)(1), (2) Amendment.
27 48:1246 479 303(c) 728 93–383 806(h)(1), (2) Amendment.
27 48:1246 479 303(d) 728 93–383 806(i) Repeal.
27 48:1246 479 303(e) 728 93–383 806(1) Repeal.
27 48:1246 479 304(a)(1) 728 93–383 806(i) Amendment.
27 48:1246 479 306(g) 1366 93–449 3(a) Applicability.
27 48:1246 479 309(d)(2) 728 93–383 8O6(k)(1)–(3) Amendment; savings provision.
27 48:1246 479 313 1364 93–449 3(a) Addition.
27 48:1246 479 401(b) 1501, 1502 93–495 101(b)(1), (g) Amendment
27 48:1246 479 401(b) 1503 93–495 103(a)(1), (b), (c) Amendment.
B14

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provision
Date Statutes vol.:page Chapter Section Statutes vol.:page Public Law Section Comment
1934              
June  27 48:1246 479 4021 1504 93–495 105(d) Revision.
27 48:1246 479 403(b) 1503 93–495 105(a) Amendment.
27 48:1246 479 404(d)(1)(A) 1507 93–495 115 Existing text designated as subpar. (A).
27 48:1246 479 404(d)(1)(B) 1507 93–495 115 Addition.
27 48:1246 479 405(a) 1501, 1502 93–495 101(b)(2), Amendment.
27 48:1246 479 405(a) 1503 93–495 103(a)(2), (b), (c) Amendment.
27 48:1246 479 405(a) 1739 93–541 1(1) Amendment.
27 48:1246 479 405(d) 1501, 1502 93–495 101(b)(3), (g) Addition.
27 48:1246 479 405(d) 1739 93–541 1(2) Amendment.
27 48:1246 479 405(d)(1)(iv) 1739 93–541 1(3), (4) Amendment.
27 48:1246 479 407 1522 93–495 503 Supplemental provision.
27 48:1246 479 407(1)(5) 1504 93–495 105(c) Amendment.
27 48:1246 479 408(k) 1504 93–495 105(d) Applicability.
27 48:1246 479 412 1559, 1560 93–501 203, 206 Addition.
27 48:1246 479 413 1729, 1731 93–533 11(b), 19 Addition.
27 48:1246 479 518(b) 678 93–383 306 Revision.
27 48:1246 479 525 676 93–383 301 Addition.
27 48:1246 479 526 678 93–383 305 Addition.
27 48:1246 479 527 728 93–383 808(a) Addition.
27 48:1246 479 809(f) 685 93–383 316(d) Amendment.
27 48:1246 479 810(f)(1) 678 93–383 304(j)(l) Deletion.
27 48:1246 479 810(f)(2) 678 93–383 304(j)(l) Designation “ (2)” deleted.
27 48:1246 479 810(g) 678 93–383 304(j)(2) Amendment.
27 48:1246 479 8l0(k) 685 93–383 316(e) Amendment.
27 48:1246 479 1001(c)(1) 678 93–383 304(1) Deletion.
27 48:1246 479 1002(a) 685 93–383 316(f) Amendment.
27 48:1246 479 1002(c) 678, 684 93–383 304(k), 314 Amendment.
27 48:1246 479 1101(a) 685 93–383 316(g) Amendment.
27 48:1246 479 1101(b)(1) 683 93–383 312(a)(1) Amendment.
27 48:1246 479 1101(h)(3) 683 93–383 312(a)(2) Amendment,
27 48:1246 479 1101(e) 683 93–383 312(a)(3) Amendment.
27 48:1246 479 1 101(f) 683 93:383 312(a)(4) Amendment.
27 48:1246 479 1105(a) 683 93–383 312(a)(5) Amendment.
27 48:1246 479 1106(1) 684 93–383 312(b)(1) Amendment.
27 48:1246 479 1106(2)–(9) 683 93–383 312(a)(6) Pars. (2)–(8) redesignated as (3)–(9); new (2) added.
27 48:1246 479 1106(2) 684 93–383 312(b)(2) Amendment.
27 48:1246 479 1106(3)(A) 684 93–383 312(b)(3) Amendment.
27 48:1246 479 1106(3)(B) 684 93–383 312(b)(4) Amendment.
1935              
June  15 49:378 148 401 41 93–251 99 Applicability.
15 49:378 148 401(e) 1603 93–509 4 Revision. (Referred to in text as Act of January 15.)
29 49:436 182 22 1428 93–471 208(a)(3), (5) Supplemental provision. (See also 1890, chp. 841 and 1862, chp. 130.)
Aug.  14 49:620 271 .......... 2360 93–647 101(c)(6)(A) Exception.
14 49:620 271 3(a) 2349, 2351 93–647 3(e)(2), 7(b) Amendment,
14 49:620 271 3(a)(4)(A)(iv) 2350, 2351 93–647 5(a), 7(a)(1) Amendment.
14 49:620 271 201(g)(1) 947 93–406 1032 Supplemental provision.
B15

AMENDMENTS AND REPEALS
Provisions affected Amendatory provision
Date Statutes vol.:page Chapter Section Statutes vol.:page Public Law Section Comment
1935              
Aug.  14 49:620 271 202(d)(7) 1315 93–445 101 Applicability.
14 49:620 271 202(1) 1357 93–445 301(1), (2) Amendment.
14 49:620 271 205 1459 93–484 3(a) Exception.
14 49:620 271 205(i) 1358, 1361 93–445 302(a), (b). Amendment.
14 49:620 271 205(o) 1358, 1361 93–445 603 3O3(l)–(3), Amendment,
14 49:620 271 210(a)(9) 1349 93–445 603 101 Nonapplicability.
14 49:620 271 210(1)(4)(A) 1359, 1361 93–445 311(1), (2), 603 Amendment.
14 49:620 271 211(a)(1) 422 93–368 10(a), (c) Amendment.
14 49:620 271 216(b) 1358, 1361 93–445 304, 603 Amendment.
14 49:620 271 216(c) 1358, 1361 93–445 304, 603 Amendment.
14 49:620 271 216(f) 1358, 1361 93–445 304, 603 Amendment.
14 49:620 271 216(g) 1358, 1361 93–445 304, 603 Amendment.
14 49:620 271 216(h) 1315, 1335 93–445 101 Applicability.
14 49:620 271 218(d)(1) 2386 .......... .......... Amendment. (Enacted by Private Law 93–107, sec. 2.)
14 49:620 271 226(b)(2) 1358, 1361 93–445 305(a), 603 Amendment.
14 49:620 271 226(d) 1358, 1361 93–445 305(b), 603 Amendment.
14 49:620 271 226(e) 1358, 1361 93–445 305(c), 603 Amendment.
14 49:620 271 402(a) 2359 93–647 101(c)(1) Exception.
14 49:620 271 402(a)(5) 2348, 2351 93–647 3(a)(1), 7(b) Designation “ (A)” deleted.
14 49:620 271 (A) 402(a)(5)(B) 2348, 2351 93–647 3(a)(1), 7(b) Deletion.
14 49:620 271 402(a)(9) 2359, 2361 93–647 101(c)(2), (f) Revision.
14 49:620 271 402(a)(10) 2359, 2361 93–647 101(c)(3), (f) Amendment.
14 49:620 271 402(a)(11) 2359, 2361 93–647 101(c)(4), (f) Revision.
14 49:620 271 402(a)(l3) 2348, 2351 93–647 3(a)(2), 7(b) Deletion.
14 49:620 271 402(a)(14) 2348, 2351 93–647 3(a)(2), 7 Deletion.
14 49:620 271 402(a)(l5) 2349, 2351 93–647 (b) 3(a)(8), 7(b) Amendment.
14 49:620 271 402(a)(17) 2360, 2361 93–647 101(c)(8), Repeal.
14 49:620 271 402(a)(18) 2360, 2361 93–647 (f) 101(c)(8), (f) Repeal.
14 49:620 271 402(a)(2i) 2360, 2361 93–647 101(c)(8), (f) Repeal.
14 49:620 271 402(a)(22) 2360, 2361 93–647 101(c)(8). Repeal.
14 49:620 271 402(a)(24) 2359, 2361 93:647 101(c)(5)(B), (f) Amendment.
14 49:620 271 402(a)(25)–(27) 2359, 2361 93–647 101(c)(5)(A), (C), (f) Addition.
14 49:620 271 402(a)(25) 2359 93–647 101(c)(3) Applicability.
14 49:620 271 402(a)(26) 2359 93–647 101(c)(3) Applicability.
14 49:620 271 403(a) 2349, 2351 93–647 3(e)(2), 7(b) Amendment.
14 49:620 271 403(a)(3)(A)(iii) 2348, 2351 93–647 3(a)(3), 7(b) Revision.
14 49:620 271 403(a)(3) 2350, 2351 93–647 5(b), 7(a)(1) Amendment.
B16

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provision
Date Statutes vol.:page Chapter Section Statutes vol.:page Public Law Section Comment
1935              
Aug.  14 49:620 271 403(c) 2348, 2351 93–647 3(a)(4), 7(b) Deletion.
14 49:620 271 403(h) 2360, 2361 93–647 101(c)(6)(A), (f) Addition.
14 49:620 271 404(c) 2360, 2361 93–647 101(c)(6)(B), (f) Addition.
14 49:620 271 404(d) 2360, 2361 93–647 101(c)(6)(B), (f) Addition.
14 49:620 271 406(b) 2360 93–647 101(c)(7) Exception.
14 49:620 271 406(d) 2348, 2351 93–647 3(a)(5), 7(b) Deletion.
14 49:620 271 406(f) 2360, 2361 93–647 101(c)(7), (f) Addition.
14 49:620 271 410 2360, 2361 93–647 101(c)(8), (f) Repeal.
14 49:620 271 422(a)(1)(A)(i) 2348, 2351 93–647 3(a)(6), 7(b) Amendment.
14 49.620 271 422(a)(1)(A)(ii) 2348, 2351 93–647 3(a)(7), 7(b) Amendment,
14 49:620 271 422(c) 2349, 2351 93–647 3(h), 7(b) Addition.
14 49:620 271 451 –460 2351, 2361 93–647 101(a), (f) Addition.
14 49:620 271 601–605 2349, 2351 93–647 3(b), 7(b) Repeal.
14 49:620 271 707 283 93–324 101(d) Supplemental provision.
14 49:620 271 903(b)(3) 420 93–368 4(b) Deletion.
14 49:620 271 1003(a) 2349, 2351 93–647 3(e)(2), 7(b) Amendment.
14 49:620 271 1003(a)(3)(A)(iv) 2350, 2351 93–647 5(c), 7(a)(1) Amendment.
14 49:620 271 1106(a) 2360, 2361 93–647 101(d)(1), (f) Amendment.
14 49:620 271 1106(b) 2360, 236) 93–647 101(d)(2), (f) Amendment; exception.
14 49:620 271 1106(c) 2360, 2361 93–647 101(d), (f) Deletion.
14 49:620 271 1108(a) 2350, 2351 93–647 3(i), 7(b) Amendment.
14 49:620 271 1113 283 93–324 101(b) Supplemental provision.
14 49:620 271 1115 2349, 2351 93–647 3(c)(1), 7(b) Amendment.
14 49:620 271 1115(a) 2349. 2351 93–647 3(c)(2), 7(b) Amendment.
14 49:620 271 1115(b) 2349, 2351 93–647 3(c)(3), (4), 7(b) Amendment.
14 49:620 271 1116(a)(1) 2349, 2351 93–647 3(d)(1), 7(b) Amendment.
14 49:620 271 1116(a)(3) 2349, 2351 93–647 3(d)(2), 7(b) Amendment.
14 49:620 271 1116(b) 2349, 2351 93–647 3(d)(1), 7(b) Amendment.
14 49:620 271 1116(d) 2349, 2351 93–647 3(d)(3), 7(b) Amendment.
14 49:620 271 1120(b) 1971 93–608 2(5) Amendment.
14 49:620 271 1130 2349, 2351 93–647 3(e)(1), 7(b) Repeal.
14 49:620 271 1131 947, 949 93–406 1032, 1034(4) Addition.
14 49:620 271 1403(a) 2349, 2351 93–647 3(e)(2), 7(b) Amendment,
14 49:620 271 1403(a)(3)(A)(iv) 2350, 2351 93–647 5(d), 7(a)(1) Amendment.
14 49:620 271 1601–1634 283 93–324 101(c) Supplemental provision.
B17

AMENDMENTS AND REPEALS
Provisions affected Amendatory provision
Date Statutes vol.:page Chapter Section Statutes vol.:page Public Law Section Comment
1935              
Aug.  14 49:620 271 1603(a) 2349, 2351 93–647 3(e)(2), 7(b) Amendment.
14 49:620 271 1603(a)(4)(A)(iv) 2350, 2351 93–647 5(e), 7(a)(1) Amendment.
14 49:620 271 1611(a)(1)(A) 421 93–368 6(a)(1) Amendment.
14 49:620 271 1611(a)(2)(A) 421 93–368 6(a)(2) Amendment.
14 49:620 271 1611(b)(1) 421 93–368 6(a)(3) Amendment.
14 49:620 271 1611(b)(2) 421 93–368 6(a)(4) Amendment.
14 49:620 271 1612(a)(2)(A)(i) 1460 93–484 4(1) Part of existing text designated as subcl. (i).
14 49:620 27) 1612(a)(2)(A)(ii) 1460 93–484 4(2) Addition.
14 49:620 271 1617 421 93–368 6(b) Addition.
14 49:620 271 1631(a)(4)(B) 52 93–256 1 Exception.
14 49:620 27] 1631(b) 420 93–368 5 Exception.
14 49:620 271 1631(c) 420 93–368 5 Nonapplicability.
14 49:620 271 1631(d)(1) 420 93–368 5 Exception.
14 49:620 271 1631(g) 420 93–368 5 Addition.
14 49:620 271 1840(b)(1) 1358, 1361 93–445 306, 603 Amendment.
14 49:620 271 1842(g) 1358, 1361 93–445 307, 603 Amendment.
14 49:620 271 1843(b) 1358, 1361 93–145 308, 603 Amendment.
14 49:620 271 1861(b)(7) 422 93–368 7(c) Effective date of 1973 amendment.
14 49:620 271 1862(c) 1454 93–480 4(a) Amendment.
14 49:620 271 1870(b) 1358, 1361 93–445 309, 603 Amendment.
14 49:620 271 1874(a) 1359, 1361 93–445 310, 603 Amendment.
14 49:620 271 1878(f) 1459 93–484 3(a), (b) Revision.
14 49:620 271 1902(a)(14)(B)(i) 422 93–368 9(a), (b) Amendment; effective date.
14 49:620 271 1903(a)(4) 422 93–368 8 Effective date of 1972 amendment.
14 49:620 271 2001–2007 2337, 2351 93–647 2, 7(a)(1), (2) Addition.
14 49:620 271 2002(a)(2) 2350 93–647 3(j) Exception.
14 49:620 271 2003(b) 2351 93–647 7(a)(2)(B) Exception.
14 49:620 271 2004 2351 93–647 7(a)(2) Exception.
24 49:750 320 32 157 93–288 410(b) Supplemental provision.
24 49:750 320 32 340 93–347 1 Supplemental provision.
24 49:793 321 .......... 2210 93–638 106(a) Nonapplicability.
49:888 354 1(b) 1182 93–430 6(1) Amendment.
28 49:946 386 .......... .......... .......... .......... (Revised. See 1943, P.L. 65, sec. 1.)
29 49:967 399 .......... 1351, 1352, 1361 93–445 201, 202(a), 603 Annuity transition provision.
30 49:1028 409 1 35 93–251 83(a) Project modification.
1936              
June  4 49:1458 638 1, “ Secs. 4–6” 2213 93–638 202 Addition.
15 49:1508 678 .......... 38 93–251 87 Project modification.
20 49:1544 722 1 1182 93–430 6(2) Amendment.
20 49:1559 732 1 1623 93–516 202 Revision.
20 49:1559 732 2(a)(1)–(6) 1623 93–516 203(a)(1) Pars. (1)–(5) redesignated as (2)–(6); new (1) added.
B18

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provision
Date Statutes vol.:page Chapter Section Statutes vol.:page Public Law Section Comment
1936              
June  20 49:1559 732 2(a)(2) 1623 93–516 203(a)(2) Revision.
20 49:1559 732 2(a)(5) 1624 93–516 203(a)(3)(A)–(E) Amendment.
20 49:1559 732 2(a)(6) 1624 93–516 203(a)(4) Revision.
20 49:1559 732 2(b) 1624 93–516 203(b)(1)–(3) Amendment.
20 49:1559 732 2(c) 1624 93–516 203(c) Amendment.
20 49:1559 732 2(d) 1624 93–516 203(d) Addition.
20 49:1559 732 2(e) 1624 93–516 203(d) Addition.
20 49:1559 732 3 1625 93–516 204(a)(1) Amendment.
20 49:1559 732 3(2) 1625 93–516 204(a)(2) Amendment.
20 49:1559 732 3(3) 1625 93–516 204(a)(2), (c) Amendment.
20 49:1559 732 3(3)(E) 1625 93–516 204(b) Addition.
20 49:1559 732 3(6) 1625 93–516 204(a)(3) Amendments.
20 49:1559 732 4–10 1626 93–516 206 Secs. 5, 6, and 8 designated as 4, 9, and 10; new 5–8 added.
20 49:1559 732 4 1626 93–516 205 Repeal.
20 49:1559 732 4(b) 1629 93–516 208(d) Amendment.
20 49:1559 732 7 1626 93–516 205 Repeal.
20 49:1559 732 9 1628 93–516 207 Revision.
22 49:1570 738 3 14 93–251 2 Applicability.
22 49:1570 738 3 30 93–251 61(2) Applicability.
22 49:1570 738 5 39 93–251 90 Project modification.
22 49:1570 738 6 23 93–251 43 Restriction.
22 49:1807 749 4(a) 1211 93–435 3 Land conveyance.
29 49:1985 835 510(i) 1965 93–605 1 Revision; savings provision.
1937 49:1985 835 510(i) 1965 93–605 1 Revision; savings provision.
June  24 50:307 162 1 1305, 1360, 1361 93–145 101, 602(a)–(e) Revision.
24 50:307 162 1 1351, 1352, 1361 93–445 201, 202(a), 603 Annuity transition provision.
24 50:307 162 1 1357, 1361 93–45 210, 603 Continuation provision
24 50:307 162 1, “Sec. 2” 1351, 1361 93–445 201, 603 Savings provision.
24 50:307 162 1, “Sec. 2(a)(1)–(5)” 1352, 1361 93–445 204, 603 Annuity transition provision.
24 50:307 162 1, “Sec. 2(d)” 1353 93–445 204(a)(3) Exception
24 50:307 162 1, “Sec. 2(d)” 1355 93–445 206(2), (3) Exception.
24 50:307 162 1, “Sec. 2(e)” 1354, 1361 93–445 206, 603 Annuity transition provision.
24 50:307 162 1, “Sec. 2(h)” 1354, 1361 93–445 206, 603 Annuity transition provision.
24 50:307 162 1, “Sec. (3)(a)(2)” 1328 93–445 101 Exception.
24 50:307 162 1, “Sec. 3(a)(6)” 1360, 1361 93–445 601, 605 Amendment.
24 50:307 162 1, “Sec. 3(e)” 1332 93–445 101 Exception.
24 50:307 162 1, “Sec. 3(j)” 1351, 1361 93–445 201, 603 Savings provision.
24 50:307 162 1, “Sec. 3(j)” 1354, 1361 93–445 205(a), 603 Annuity transition provision.
24 50:307 162 1, “Sec. 5” 1351, 1361 93–445 201. 603 Savings provision.
24 50:307 162 1, “Sec. 5” 1356, 1361 93–445 207. 603 Annuity transition provision,
B19

AMENDMENTS AND REPEALS
Provisions affected Amendatory provision
Date Statutes vol.:page Chapter Section Statutes vol.:page Public Law Section Comment
1937              
June  24 50:307 162 1, “Sec. 5(a)” 1331 93–445 101 Exception.
24 50:307 162 1, “Sec. 5(j)” 1356, 1357 93–445 207(2), (3) Exception.
24 50:307 162 1, “Sec. 6” 1351, 1352, 1361 93–445 201, 202(a), 203(a), 603 Annuity transition provision.
24 50:307 162 1, “Sec. 15(a)” 1346, 1360 93:445 101, 602(a) Continuation of Railroad Retirement Account.
24 50:307 162 1, “Sec. 15(b)” 1347, 1360 93–445 101, 602(a) Continuation of Railroad Retirement Supplemental Account.
July  22 50:522 210 32(c) 1382 93–156 1 Exception.
Aug.  17 50:673 314 (title ix) 5(a) 1065 93–407 474(g), 476(a) Partial repeal; savings provision.
17 50:673 314 (title ix) 329 5(a) 2177 93–635 9 Repeal.
20 50:731 329 11 1378 93–454 11(a) Transfer of funds.
28 50:876 406 2 20 93–251 26 Amendment.
Sept.  1 50:888 412 .......... 653–667 93–383 201(a), (b) Revision; effective date.
2 50:917 415 3 238 93–313 .......... Effective date of 1972 amendment, extension.
2 50:917 415 4(b) 238 93–313 .......... Effective date of 1972 amendment, extension.
1938              
Feb.  16 52:31 430 316 1416 93–464 .......... Exception.
16 52:31 430 316(h) 1416 93–464 .......... Addition.
16 52:31 430 320 1089 93–411 .......... Addition.
16 52:31 430 513 1963 93–604 603 Revision.
Mar.  18 52:110 446 1(b) 21 93–251 29(1) Amendment.
18 52:110 446 1(c) 21 93–251 29(2), (3) Amendment.
June  10 52:640 587 .......... 1422 93–468 1 (Revised. See 1958, P.L. 85–768.)
25 52:1040 717 410 1694 93–523 4 Addition.
25 52:1060 718 .......... 60 93–259 6(b) Exception.
25 52:1060 718 2(a) 62, 76 93–259 7(a), 29(a) Amendment.
25 52:1060 718 3(d) 58, 76 93–259 6(a)(1), 29(a) Revision.
25 52:1060 718 3(e) 58, 76 93–259 6(a)(2), 29(a) Revision.
25 52:1060 718 3(h) 59, 76 93–259 6(a)(3), 29(a) Revision.
25 52:1060 718 3(m) 64, 76 93–259 13(e), 29(a) Amendment.
25 52:1060 718 3(f)(3) 59, 76 93–259 6(a)(4), 29(a) Addition.
25 52:1060 718 3(s) 59, 60, 76 93–259 6(a)(5)(A), (E), 29(a) Amendment.
25 52:1060 718 3(s)(5) 60, 76 93–259 6(a)(5)(B)–(D), 29(a) Addition.
25 52:1060 718 3(x) 60, 76 93–259 6(a)(6), 29(a) Addition.
25 52:1060 718 4(d) 72, 76 93–259 24(c), 29(a) Amendment.
25 52:1060 718 4(d)(1)–(3) 73, 76 93–259 27(1)43), 29(a) Existing text designated as (1) and amended; new pars. (2), (3) added.
25 52:1060 718 4(f) 60, 76 93–259 6(b), 29(a) Addition
25 52:1060 718 5(e) 56, 76 93–259 5(a), 29(a) Addition.
25 52:1060 718 6(a)(1) 55, 76 93–259 2, 29(a) Revision.
25 52:1060 718 6(a)(5) 56, 76 93–259 4, 29(a) Revision.
25 52:1060 718 6(b) 55, 76 93–259 3(1), 29(a) Amendment.
B20

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provision
Date Statutes vol.:page Chapter Section Statutes vol.:page Public Law Section Comment
1938              
June  25 52:1060 718 6(b)(1)–(5) 55, 76 93–259 3(2), 29(a) Deletion; new pars. (1)–(4) added.
25 52:1060 718 6(c) 56 93–259 5(a) Nonapplicabiiity.
25 52:1060 718 6(c)(2)–(6) 56 93–259 5(b) Pars. (2)–(4) deleted; new (2)–(6) added.
25 52:1060 718 6(f) 62 93–259 7(b)(1), 29(a) Addition.
25 52:1060 718 7 68 93–259 22 Nonapplicabiiity.
25 52:1060 718 7(c) 66, 76 93–259 19(a)–(e), 29(a) Amendment; repeal; effective date.
25 52:1060 718 7(d) 66, 76 93–259 19(a), (c), (d), (e), 29(a) Amendment; repeal; effective date.
25 52:1060 718 7(j) 64, 76 93–259 12(b) Amendment.
25 52:1060 718 7(k) 60 93–259 6(c)(1)(A)–(C) Addition; amendment; effective date.
25 52:1060 718 7(k)(1) 61 93–259 6(c)(1)(D)(i) Amendment; effective date.
25 52:1060 718 7(k)(2) 61 93–259 6(c)(1)(D)(2) Amendment; effective date.
25 52:1060 718 7(1) 62, 76 93–259 7(b)(2), 29(a) Addition.
25 52:1060 718 7(m) 62, 76 93–259 9(a), 29(a) Addition.
25 52:1060 718 7(n) 68, 76 93–259 21(a), 29(a) Addition.
25 52:1060 718 8 56 93–259 5(a) Nonapplicability.
25 52:1060 718 8(a) 58, 76 93–259 5(d)(1), (2), 29(a) Amendment.
25 52:1060 718 8(b) 58, 76 93–259 5(c)(1), 29(a) Amendment
25 52:1060 718 8(C) 58, 76 93–259 5(d)(3), 29(a) Amendment.
25 52:1060 718 10(a) 58, 76 93–259 5(c)(2), 29(a) Amendment.
25 52:1060 718 12 72 93–259 25(b) Nonapplicability.
25 52:1060 718 12(d) 72, 76 93–259 25(a), 29(a) Addition.
25 52:1060 718 13(a)(2) 62 93–259 8(a)–(c) Amendment; effective date.
25 52:1060 718 13(a)(2) 66 93–259 18 Nonapplicabiiity.
25 52:1060 718 13(a)(6) 66 93–259 18 Nonapplicability.
25 52:1060 718 13(a)(9) 69, 76 93–259 23(a)(1), 29(a) Repeal.
25 52:1060 718 13(a)(11) 63, 76 93–259 10(a), 29(a) Repeal.
25 52:1060 718 13(a)(13) 69, 76 93–259 23(b)(1), 29(a) Repeal.
25 52:1060 718 13(a)(14) 63, 76 93–259 9(b)(1), 29(a) Repeal.
25 52:1060 718 13(a)(l5) 62, 76 93–259 7(b)(3), 29(a) Addition.
25 52:1060 718 13(b)(2) 69, 76 93–259 23(c), 29(a) Amendment.
25 52:1060 718 13(b)(4) 64, 76 93–259 ll(a)–(c), 29(a) Amendment; repeal; effective date.
25 52:1060 718 13(b)(7) 68, 76 93–259 21(b)(1)–(3), 29(a) Amendment; repeal; effective date.
25 52:1060 718 13(b)(8) 64, 76 93–259 12(a) Amendment.
25 52:1060 718 13(b)(8)(A) 64 93–259 13(d) Designation “ (A)” deleted; effective date.
25 52:1060 718 13(b)(8)(A) 64, 76 93–259 13(a)(1), (2), (b), 29(a) Existing text designated as subpar. (A) and amended; effective date.
25 52:1060 718 13(b)(8)(B) 64, 76 93–259 13(a)(3), (b)–(d), 29(a) Addition; amendment; repeal; effective date.
25 52:1060 718 13(61(10) 65, 76 93–259 14, 29(a) Revision.
25 52:1060 718 13(b)(15) 66, 76 93–259 20(a), 29(a) Revision.
B21

AMENDMENTS AND REPEALS
Provisions affected Amendatory provisions
Date Statutes vol.: page Public Law Section Statutes vol.: page Public Law Section Comment
1938              
June  25 52:1060 718 13(b)(18) 65, 76 93–259 15(a)–(c), 29(a) Amendment; repeal; effective dale.
25 52:1060 718 13(b)(19) 65 93–259 16(a), (b) Amendment; repeal; effective date.
25 52:1060 718 13(b)(20) 61 93–259 6(c)(2)(A), (B) Addition; revision; effective date.
25 52:1060 718 13(b)(2l) 62, 76 93–259 7(b)(4), 29 (a) Addition.
25 52:1060 718 13(b(22) 63, 76 93–259 9(b)(2), 29 (a) Addition.
25 52:1060 718 13(b)(23) 63, 64, 76 93–259 10(b)(1)– (3), 29(a) Addition; amendment; repeal; effective date.
25 52:1060 718 13(b)(24) 65, 76 93–259 17, 29(a) Addition.
25 52:1060 718 13(b)(25) 66, 67, 76 93–259 20(b)(1), (2)(A)–(E), (3)(A)–(E), 29(a) Add item; amendment; effective date
25 52:1060 718 13(b)(26) 67, 76 93–259 20(c)(1)– (3). 29(a) Addition; amendment; effective date.
25 52:1060 718 13(b)(27) 69, 76 93–259 23(a)(2), 29 (a) Addition.
25 52:1060 718 13(b)(28) 69, 76 93–259 23(b)(2), 29 (a) 25(b), 29(a) Addition.
25 52:1060 718 13(c)(1) 72, 76 93–259 Revision.
25 52:1060 718 13(g) 66, 76 93–259 18, 29(a) Addition.
25 52:1060 718 13(h) 68, 76 93–259 22, 29(a) Addition.
25 52:1060 718 14(a)–(d) 69–72, 76 93–259 24(a). (b), 29(a) Subsecs, (a)–(c) deleted; (d) redesignated as (c); new (a), (b), and (d) added.
25 52:1060 718 16(b) 61, 76 93–259 6(d)(1), 29 (a) Amendment.
25 52:1060 718 16(c) 73, 76 93–259 26, 29(a) Amendment.
25 52:1060 718 16(e) 72, 76 93–259 25(c), 29(a) Addition,
25 52:1094 722 2(c) 1359. 1361 93–445 401(a), 603 Amendment.
25 52:1094 722 2(g) 1359, 1361 93–445 401(b), 603 Amendment.
25 52:1094 722 10(h) 1359, 1361 93–445 403, 603 Deletion.
25 52:1094 722 11(c) 1359, 1361 93–445 404(a), (b), 603 Amendment.
25 52:1094 722 12(1) 1359, 1361 93–445 405, 603 Amendment.
25 52:1096 722 4(a–l)(ii) 1359, 1361 93–445 402, 603 Amendment.
25 52:1196 739 .......... 392 93–358 .......... (Revised. See 1971, P.L. 92–28, sec. 1.)
25 52:1198 744 11 1065 93–407 474(d), 476 (a) Repeal; savings provision.
28 52:1215 761 .......... 23 93–251 43 Restriction.
28 52:1215 761 4 16. 18, 19 93–251 10, 16(a), 18 Project modification.
1939              
Aug.  4 53:1187 260 8(f)–(i) 1970 93–608 1(18) Subsec. (f) deleted; (g)–(i) redesignated as (f)–(h).
4 53:1187 260 9(c) 1491, 1496 93–493 203(c), 1003 (c) Exception.
10 53:1347 374 2 1921 93–589 1 Revision.
1940              
Mar.  4 54:39 422 .......... 1428 93–421 208(a)(4), (5) Supplemental provision.
June  11 54:262 586 .......... 1446 93–477 301(2) Exception.
B22

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provisions
Date Statutes vol.: page Public Law Section Statutes vol.: page Public Law Section Comment
1940              
Sept.  18 54:898 785 322(a) 1960 93–604 201(1), (2) Amendment.
Sept.  18 54:898 785 322(b)–(d) 1960 93–604 201(3) Subsecs, (b), (c) redesignated as (c), (d), new (b) added.
Oct.  9 54:1061 820   1965 93–604 801, 802 Amendment.
9 54:1063 824 Chp. 11, sec. 18 753 93–388 3(c) Non applicability.
10 54:1091 830 .......... 794 93–396 .......... Amendment.
14 54:1125 849 606(b) 669 93–383 207(a) Amendment.
14 54:1125 849 606(c)(1) 669 93–383 207(b) Amendment.
1941              
Aug.  18 55:638 228 5 34, 35 93–251 82(l)–(3) Amendment.
Sept.  20 55:687 250 601 304, 331 93–344 202(e)(2), 905(b) Repeal.
Nov.  21 55:777 310 3 1738 93–539 .......... Applicability.
21 55:777 310 4–6 1738 93–539 .......... Secs. 4, 5 redesignated as 5, 6; new 4 added.
Dec.  29 55:875 389 2 192 93–302 2 Exception.
1942              
June  8 56:330 600 .......... 206 93–305 .......... Applicability.
Dec.  24 56:1089 846 1(s) 1060 93–407 441 Addition.
1943              
June  4 57:100 65 1, “Sec. 3(c) (10) ” 1617 93–515 301(1), 302 Amendment.
4 57:100 65 i, “Sec. 12” 1617 93–515 301(2), 302 Revision.
1944              
June  30 58:645 386 1 1420 93–466 1(1) Amendment.
30 58:645 386 3(3) 1420 93–66 1(2) Addition.
30 58:645 386 4 1420 93–466 1(3) Revision.
July  1 58:682 410 .......... 2238, 2248 93–641 3 Exception.
1 58:682 410 2(f)( 1 ) 1693 93–523 2(b) Part of existing text designated as cls. (1).
1 58:682 410 2(f)(2) 1693 93–523 2(b) Addition.
1 58:682 410 217(f) 351,352 93–348 211(a), (b) Addition; effective date.
1 58:682 410 225(i) 741 93–385 1 Amendment.
1 58:682 410 226 362 93–353 102(e) Former Sec. 310A redesignated 226.
1 58:682 410 227 362 93–353 102(f)(2) Former sec. 310B redesignated 227.
1 58:682 410 301(c)–(1) 346, 347 93–348 104(a)(1) (A)–(C), (b) Par. (c) deleted; (d) amended; (d)–(i) redesignated as (c)– (h); savings provision.
1 58:682 410 301(g) 360 93–352 111 Amendment. (Referred to in text as sec. 301 (h).)
1 58:682 410 301(h) 282 93–324 101(b) Supplemental provision.
1 58:682 410 303(a) 132 93–282 122(b) Amendment.
1 58:682 410 303(a)(1) 346, 347 93–348 104(a)(2) (A), (b) Revision; savings provision.
1 58:682 410 303(b) 346, 347 93–348 104(a)(2) (B). (b) Amendment; savings provision.
1 58:682 410 304 282 93–324 101(b) Supplemental provision.
1 58:682 410 304 362 93–353 103 Revision.
1 58:682 410 305 282 93–324 101(b) Supplemental provision.
B23

AMENDMENTS AND REPEALS
Provisions affected Amendatory provisions
Date Statutes vol.: page Public Law Section Statutes vol.: page Public Law Section Comment
1944              
July  1 58:682 410 305 363 93–353 104 Revision.
1 58:682 410 306 283 93–324 101(d) Supplemental provision.
1 58:682 410 306 362 93–353 102(b)(1) (A) Amendment.
1 58:682 410 306 362 93–353 102(b)(2) Redesignated as sec. 312.
1 58:682 410 306 365 93–353 105 Addition. (Former sec. 306 redesignated as 312.)
1 58:682 410 306(d) 362 93–353 102(b)(1) Amendment. (Former sec. 306.)
1 58:682 410 306(e) 362 93–353 102(b)(1) (C) Deletion; subsec. (f) redesignated as (e). (Former sec. 306.)
1 58:682 410 306(f) 362 93–353 102(b)(1) (C) Redesignated as subsec. (e). (Former sec. 306.)
1 58:682 410 307–310 367, 368 93–353 106, 107(a) Sec. 308 redesignated as sec. 307 and revised; new secs. 308–3 10 added.
1 58:682 410 307 362 93–353 102(a) Repeal.
1 58:682 410 308(i) 371 93–353 107(b) Supplemental provision.
  58:682 410 309 283 93–324 101(d) Supplemental provision.
1 58:682 410 309 362 93–353 102(c)(1) (A), (B) Amendment.
1 58:682 410 309 362 93–353 102(c)(2) Redesignated as sec. 314.
1 58:682 410 310 282 93–324 101(b) Supplemental provision.
1 58:682 410 310 362 93–353 102(d) Redesignated as sec, 319.
1 58:682 410 310A 362 93–353 102(e) Redesignated as sec. 226.
1 58:682 410 310B 362 93–353 102(f)(1), (2) Redesignated as sec. 227 and amended.
  58:682 410 312 362 93–353 102(a) Repeal.
1 58:682 410 312 362 93–353 102(b)(2) Former sec. 306 redesignated as 312,
  58:682 410 312a 362 93–353 102(a) Repeal.
1 58:682 410 313 362 93–353 102(a) Repeal.
1 58:682 410 314 283 93–324 101(d) Supplemental provision.
1 58:682 410 314 362 93–353 102(c)(2) Former sec. 309 redesignated as 314.
1 58:682 410 314(d) 282 93–324 101(b) Supplemental provision.
1 58:682 410 314(e) 282 93–324 101(b) Supplemental provision.
  58:682 410 315 362 93–353 102(a) Repeal.
1 58:682 410 316 2275 93–641 5(d) Repeal.
  58:682 410 317 376 93–354 4(1) Amendment.
1 58:682 410 317 376 93–354 4(6) Heading amended.
1 58:682 410 317(a) 376 93–354 4(2), (3) Amendment.
1 58:682 410 317(b)(2) (C)(i) 376 93–354 4(4) Amendment.
  58:682 410 317(h)(1) 376 93–354 4(5) Amendment.
1 58:682 410 319 362 93–353 102(d) Former sec. 310 redesignated as 319.
1 58:682 410 329 282 93–324 101(b) Supplemental provision.
1 58:682 410 390–399b 282 93–324 101(b) Supplemental provision.
1 58:682 410 390 371 93–353 201(b) Heading revised.
B24

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provisions
Date Statutes vol.: page Public Law Section Statutes vol.: page Public Law Section Comment
1944              
July  1 58:682 410 390(b)(1)– (7) 372, 373 93–353 202(a), 205 Par. (1) deleted; (2)–(7 ) redesignated as (l)–(6).
1 58:682 410 390(c) 371 93–353 201(a), (c) Addition, extension.
1 58:682 410 391(3) 372, 373 93–353 202(b)(2), (3), 205 Deletion; former par. (4) redesignated as (3).
1 58:682 410 391(4) 372, 373 93–353 201(b)(3) Redesignated as par. (3).
1 58:682 410 392(b) 372, 373 93–353 202(c), 205 Revision.
1 58:682 410 393–399a 373 93–353 204, 205 Secs. 394–399a redesignated as 393–399.
1 58:682 410 393 372, 373 93–353 202(d), 205 Repeal.
1 58:682 410 394(a) 372, 373 93–353 203(a), 205 Amendments.
1 58:682 410 395(a) 372, 373 93–353 203(b)(1), 205 Partial repeal.
1 58:682 410 395(a) 372, 373 93–353 203(b)(1), 205 Amendment.
1 58:682 410 395(b) 372, 373 93–353 203(b)(2) (A), (B), 205 Amendment.
1 58:682 410 395(b) 372, 373 93–353 203(b)(2), 205 Partial repeal.
1 58:682 410 396(a)-(c) 372, 373 93–353 203(c)(3), 205 Subsec. (a) repealed; (b), (c) redesignated as (a), (b).
1 58:682 410 396(b) 372, 373 93–353 203(c)(1), 205 Amendment.
1 58:682 410 396(b)(1)– (4) 372, 373 93–353 203(c)(2), 205 Former cls. (A)-(D) redesignated as cis. ( 1 M4).
1 58:682 410 397 372, 373 93–353 203(d)(2), 205 Heading amended.
1 58:682 410 397(a) 372, 373 93–353 203(d)(1), 205 Partial repeal.
1 58:682 410 397(a) 372, 373 93–353 203(d)(1). 205 Amendment.
  58:682 410 397(b)(6) 372, 373 93–353 202(e)(1)– (3), 205 Deletion.
1 58:682 410 397(d) 372, 373 93–353 202(f), 205 Partial repeal.
  58:682 410 398(a) 372, 373 93–353 203(e), 205 Partial repeal.
  58:682 410 398(a) 372,373 93–353 203(e), 205 Amendment.
1 58:682 410 399b 373 93–353 204, 205 Repeal.
1 58:682 410 402(a)(3) 346, 347 93–348 104(a)(3) (A), (b) Amendment; savings provision.
1 58:682 410 402(a)(4)– (7) 346, 347 93–348 104(a)(3) (B), (b) Par. (4) deleted; (5)–(7) redesignated as (4)–(6); savings provision.
  58:682 410 402(b)(1) 358 93–352 102(1) Amendment.
  58:682 410 402(b)(2) 358 93–352 102(2) Amendment.
1 58:682 410 407(b)(4) 359 93–352 103 Amendment.
1 58:682 410 407(b)(7) 346, 347 93–348 104(a)(4) (A), (B), (b) Amendment; savings provision.
1 58:682 410 407(b)(7) 359 93–352 104 Amendment.
1 58:682 410 407(b)(9) (A) 359 93–352 105 Amendment.
1 58:682 410 408(a) 359 93–352 106 Amendment.
1 58:682 410 408(b)(3) 347 93–348 104(a)(5), (b) Amendment; savings provision.
1 58:682 410 409(a) 359 93–352 107(a) Amendment.
1 58:682 410 409(b) 359 93–352 107(b) Amendment.
  58:682 410 410(1) 359 93–352 108(1 ) Amendment.
B25

AMENDMENTS AND REPEALS
Provisions affected Amendatory provisions
Date Statutes vol.: page Public Law Section Statutes vol.: page Public Law Section Comment
1944              
July  1 58:682 410 410(a) 359 93–352 108(5) Existing text designated
              as (a); subsec. (b) added.
1 58:682 410 410(9) 359 93–352 l08(2)–(4) Addition.
  58:682 410 410C 359 93–352 109 Amendment.
1 58:682 410 412(7) 347 93–348 104(a)(6), (b) Amendment: savings provision.
  58:682 410 413(a)(7) 347 93–348 104(a)(7), (b) Amendment, savings provision.
1 58:682 410 415(b) 347 93–348 104(a)(8), (b) Amendment; savings provision.
  58:682 410 422(c)–(f) 347 93–348 104(a)(9) (A), (b) Par. (c) deleted; (d)– (f) redesignated as (c)–(f); savings provision.
  58:682 410 422(e) 347 93–348 104(a)(9) (B), (b) Redesignated subsec, (e) amended; savings provision.
  58:682 410 431(c) 2224 93–640 5(b) Addition.
1 58:682 410 433(a) 347 93–348 104(a)(li), (b) Amendment; savings provision.
  58:682 410 434(b) 2224 93–640 5(c) Amendment.
1 58:682 410 434(c)(2) 347 93–348 104(a)(l0), (b) Amendment; savings provision.
  58:682 410 434(d) 377 93–354 5(b) Addition.
  58:682 410 434(e) 2224 93–640 5(a) Addition.
1 58:682 410 434(f) 2224 93–640 5(a) Addition.
1 58:682 410 435 376 93–354 5(a) Addition.
  58:682 410 436 376 93–354 5(a) Addition.
1 58:682 410 437–439 2221 93–640 4 Addition.
  58:682 410 441 90 93–270 2(a) Amendment.
1 58:682 410 441(a) 90 93–270 2(b)(1) Existing text designated as subsec. (a).
1 58:682 410 441(b) 90 93–270 2(b)(1) Addition.
1 58:682 410 444 90 93–270 2(b)(2)(l), (2) Amendment.
  58:682 410 444 347 93–348 104(a)(11), (b) Amendment; savings provision.
1 58:682 410 453 347 93–348 104(a)(H), (b) Amendment; savings provision.
1 58:682 410 454 135 93–282 202 Sec. 454 (prt. G)
              redesignated as 461 (prt. H).
  58:682 410 455 135 93–282 202 Addition (prt. G). (Former prt. G, sec. 454 redesignated as prt. H. sec. 461.)
1 58:682 410 461–464 185 93–296 3 Addition (prt. H).
  58:682 410 461 135 93–282 202 Former sec. 454 (prt.
              G) redesignated as 461 (prt. H).
1 58:682 410 461 342 93–348 103 Sec. 461 (prt. H) redesignated as 471 (prt. I)
1 58:682 410 461 360 93–352 110 Sec. 461 (prt. H) redesignated as 4 71 (prt. I).
  58:682 410 471–473 347 93–348 104(a)(12) Heading amended.
1 58:682 410 471 342 93–348 103 Former sec. 461 (prt. H) redesignated as 471 (prt. 1).
1 58:682 410 471 360 93–352 110 Former sec. 461 (prt. H) redesignated as 471 (prt 1).
1 58:682 410 471 360 93–352 112(a), (b) Amendment,
1 58:682 410 472 342 93–348 103 Addition.
B26

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provisions
Date Statutes vol.: page Public Law Section Statutes vol.: page Public Law Section Comment
1944              
July  1 58:682 410 472 360 93–352 110 Addition (relating to peer review of grant applications and contract projects).
1 58:682 410 473 342 93–348 103 Addition.
1 58:682 410 474 352 93–348 212(a) Add it ion.
1 58:682 410 600–646 283 93–324 101(d) Supplemental provision.
1 58:682 410 720 283 93–324 101(d) Supplemental provision.
1 58:682 410 740(b)(4) 741 93–385 2(b) Amendment.
1 58:682 410 742(a) 741 93–385 2(a) Amendment.
1 58:682 410 772(a)(7)(C) 354 93–348 215 Addition.
1 58:682 410 773(a) 347 93–348 106(1), (2) Amendment.
1 58:682 410 792 283 93–324 101(d) Supplemental provision.
1 58:682 410 793 283 93–324 101(d) Supplemental provision.
1 58:682 410 794 283 93–324 101(d) Provision subsequent to repeal
  58:682 410 799A 347 93–348 105 Amendment.
1 58:682 410 801 283 93–324 101(d) Supplemental provision.
1 58:682 410 805(b) 283 93–324 101(d) Supplemental provision.
1 58:682 410 806 283 93–324 101(d) Supplemental provision.
1 58:682 410 810(d) 283 98–324 101(d) Supplemental provision.
1 58:682 410 821(a) 283 93–324 101(d) Supplemental provision.
1 58:682 410 822(b)(4) 741 93–385 3(b) Amendment.
1 58:682 410 824 741 93–385 3(a)(1), (2) Amendment.
1 58:682 410 900–910 283 98–324 101(d) Supplemental provision.
1 58:682 410 1001–1008 282 93–324 101(b) Supplemental provision.
1 58:682 410 1101–1121 92 93–270 3(b) Heading amended (title XI).
1 58:682 410 1121 91 93–270 3(a) Addition (prt. C).
1 58:682 410 1305(b)(1) 2276 93–641 8 Amendment.
1 58:682 410 1401 1660 93–523 2(a) Addition (title XIV, prt. A).
1 58:682 410 1411–1416 1660 93–523 2(a) Addition (title XIV, prt. B).
1 58:682 410 1421–1424 1660 93–523 2(a) Addition (title XIV, prt. C).
1 58:682 410 1431 1660 93–523 2(a) Addition (title XIV, prt. D).
1 58:682 410 1441–1450 1660 93–523 2(a) Addition (title XIV, prt. E),
  58:682 410 1501–1536 2227 93–641 3 Addition (title XV).
  58:682 410 1601–1640 2257 93–641 4 Addition (title XVI).
Sept.  27 58:746 430 1 1447 93–477 402 Amendment.
27 58:746 430 2 1445 93–477 101(7) Addition,
Dec.  22 58:887 534 1 14 93–251 2 Applicability.
1945              
Apr.  25 59:77 40 .......... 1190 93–433 .......... Applicability.
July  31 59:526 173 2(a)(1) 2333 93–646 2(1)–(3) Amendment.
31 59:526 173 2(a)(2) 2337 93–646 3 Repeal.
31 59:526 173 2(b)(1) 2333 93–646 3 Revision.
31 59:526 173 2(b)(2) 2334 93–646 4 Revision.
31 59:526 173 2(b)(3)–(6) 2335 93–646 5(1). (2) Pars. (3)–(5) redesignated as (4)–(6); new (3) added.
31 59:526 173 2(c)(1) 2335 93–646 6 Revision.
B27

AMENDMENTS AND REPEALS
Provisions affected Amendatory provisions
Date Statutes vol.: page Public Law Section Statutes vol.: page Public Law Section Comment
1945              
July  31 59:526 173 6 2336 93–646 7 Amendment.
31 59:526 173 7(a) 2336 93–646 8(1). (2) Existing text designated as subsec, (a) and amended.
31 59:526 173 7(b) 2336 93–646 8(3) Addition.
31 59:526 173 8 289 93–331 .......... Amendment.
31 59:526 173 8 445 93–374 .......... Amendment.
31 59:526 173 8 1166 93–425 .......... Amendment.
31 59:526 173 8 1368 93–450 .......... Amendment; limitation.
31 59:526 173 8 2336 93–646 9 Amendment.
31 59:526 173 9 2336 93–646 10 Revision.
Dec.  6 59:597 248 .......... 1380 93–454 11(c) Applicability.
6 59:597 248 101 1005 93–406 4002(g)(3) Amendment.
6 59:597 248 105 1380 93–454 11(d) Exception.
6 59:597 248 105 1962 93–604 601(a) Amendment.
6 59:597 248 106 1380 93–454 H(d) Exception.
6 59:597 248 106 1962 93–604 601(b) Amendment.
6 59:597 248 202 1962 93–604 601(c) Amendment,
6 59:597 248 203 1963 93–604 601(d) Amendment.
1946              
Feb.  20 60:23 304 5(b)(3) 49 93–252 .......... Exception.
20 60:23 304 5(e) 1776 93–554 101(3) Amendment.
June  4 60:230 396 3 287 93–326 7 Amendment.
4 60:230 396 6(e) 286 93–326 3 Addition.
4 60:230 396 9(b) 286 93–326 4 Amendment.
4 60:230 396 14 286 93–326 2 Sec. 14 redesignated as 15 (relating to National Advisory Council on Child Nutrition); new 14 added.
4 60:230 396 15 286 93–326 2 Former sec, 14 redesignated as 15 (relating to National Advisory Council on Child Nutrition).
July  5 60:427 489 .......... 1949 93–596 1, 4 Amendment.
5 60:427 489 3 1955 93–600 3, 4 Amendment.
5 60:427 489 13 1955 93–600 1.4 Amendment,
5 60:427 489 2l(a)(2)–(4) 1955 93–600 2, 4 Revision.
5 60:427 489 29 1949 93–596 3, 4 Amendment; savings provision.
24 60:634 525 1 33 93–251 79 Project modification.
24 60:641 526 14 20 93–251 27 Amendment.
31 60:718 570 .......... 206 93–305 .......... Applicability.
Aug.  2 60:790 592 17 1963 93–604 605 Amendment.
2 60:812 601 l33A(b) 302 93–344 102(e) Nonapplicability.
2 60:812 601 134(c) 331 93–344 903(a), 905 (a) Amendment.
2 60:812 601 136(a) 325, 331 93–344 701, 905(a) Amendment.
2 60:812 601 136(c) 331 93–344 903(b), 905 (a) Amendment.
7 60:875 624 .......... 1050 93–407 301 Exceptions,
7 60:875 624 5(e) 1050 93–407 301, 302 Addition.
13 60:999 724 576 1440, 1441 93–475 9(a), (b) Addition; applicability.
13 60:1049 726 2 1499 93–494 2 Amendment.
14 60:1082 733 201–208 1428 93–471 208(a)(5) Supplemental provision.
1947              
May  14 61:84 49 6(d) 61, 76 93–259 6(d)(2)(A), 29(a) Addition.
14 61:84 49 11 62, 76 93–259 6(d)(2)(B), 29(a) Amendment.
B28

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provisions
Date Statutes vol.: page Public Law Section Statutes vol.: page Public Law Section Comment
1947              
June  23 61:136 101 101, “Sec. 2 (2)” 395, 397 93–360 1(a), 4 Amendment.
June  23 61:136 101 101, “Sec. 2 (14)” 395, 397 93–360 1(b), 4 Addition.
23 61:136 101 101, “Sec. 3 (c)” 1972 93–608 3(3) Revision.
23 61:136 101 101, “Sec. 8 (d)” 395, 396, 397 93–360 1(c), (d). 4 Amendment.
23 61:136 101 101, “Sec. 8 396, 397 93–360 1(e), 4 Addition.
23 61:136 101 101, “Sec. 19” 397 93–360 3, 4 Addition.
23 61:136 101 213 396, 397 93–360 2, 4 Addition.
July  16 61:328 195 Art. I, title 111, sec. 2(b) 1061 93–407 451 Nonapplicability.
16 61:328 195 Art, 1, title VI, sec. 7 470, 471 93–376 702(a), (b), 705(b) Addition.
16 61:328 195 Art. 1, title VI, sec. 7 1060 93–407 451 Addition (relating to property tax credit for D.C. residents).
16 61:328 195 Art. I, title VI, sec. 7 2176 93–635 7(b)(l)–(3) Sec. 7 (relating to property tax credit for D.C. residents) redesignated as 8.
16 61:328 195 Art. I, title VI, sec. 8 2176 93–635 7(b)(l)–(3) Sec. 7 (relating to property tax credit for D.C. residents) redesignated as 8.
16 61:328 195 Art. I, title VI, sec. 8(f) 2176 93–635 7(c). (0 Amendment.
16 61:328 195 Art. I, title VI, sec. 8(p) 2176 93–635 7(d), (f) Amendment.
16 61:328 195 Art. I, title VI, sec. 8(s) 2176 93–635 7(e), (f) Amendment.
16 61:328 195 Art. 1, title X, sec. 1 85 93–268 1, 2 Partial revision.
16 61:328 195 Art. I, title XII, sec. 11 (c)(3) 827 93–405 7 Exception.
1948              
Jan.  27 62:6 402 701 281 93–324 101(a)(1) Exception.
27 62:6 402 701 1440 93–475 6 Nonapplicability.
27 62:6 402 701(e) 1440 93–475 6 Addition.
27 62:6 402 1008 1440 93–475 7 Revision.
Mar.  25 62:85 454 3 1969 93–608 1(12) Repeal.
May  19 62:240 537 .......... 1925 93–593 1(a) Exception.
June  16 62:450 647 11–13 2103 93–623 3 Secs. 11, 12 redesignated as 12, 1 3: new 11 added.
24 62:604 759 6(a)(2) 2208 93–638 105(c) Amendment.
24 62:604 759 9(b)–(j) 1600, 1601 93–508 405(1), (2), 503 Subsecs, (b)–(h) repealed; (i), (j) redesignated as (b), (c).
28 62:1061 795 6 1445 93–477 101(5) Amendment.
30 62:1171 858 107 39 93–251 93 Amendment.
30 62:1171 858 203 14 93–251 3(a) Amendment.
30 62:1171 858 205 29 93–251 61(1), (2) Amendment.
1949              
May  27 63:112 76 114(a)(8) 1064, 1065 93–407 473, 476(a), 478 Revision; savings provision.
June  30 63:377 152 3(f) 1926 93–594 .......... Amendment.
30 63:377 152 109(e) 1963 93–604 701 Revision.
30 63:377 152 201(a)(1) 800 93:400 15(1) Amendment.
30 63:377 152 201(c) 800 93–100 15(2) Amendment.
B29

AMENDMENTS AND REPEALS
Provisions affected Amendatory provisions
Date Statutes vol.: page Public Law Section Statutes vol.: page Public Law Section Comment
1949              
June  30 63:377 152 202(a)(1) 1954 93–599 1(1) Existing text designated as par. ( 1 ) and amended–
30 63:377 152 202(a)(2) 1954 93–599 1(2) Addition.
30 63:377 152 206(a)(4) 800 93–400 15(3) Revision.
30 63:377 152 302(c)(3) 390 93–356 3 Amendment.
30 63:377 152 602(c) 800 93–100 15(4) Amendment.
July  15 63:413 171 103(b) 652 93–383 116(c) Amendment.
15 63:413 171 133(b) 740 93–383 820 Exception.
15 63:413 171 501–527 699 93–383 518 Exception.
15 63:413 171 501(a)(1) 692 93–383 501 Amendment.
15 63:413 171 501(a)(4)(B) 693 93–383 502(1) Amendment.
15 63:413 171 501(a)(4)(C) 693 93–383 502(2) Deletion; new cl. (C) added.
15 63:413 171 501(a)(4) (D) 693 93–383 502(2) Deletion.
15 63:413 171 501(b)(2) 693 93–383 503 Amendment.
15 63:413 171 501(c) 699 93–383 520 Amendment
15 63:413 171 501(e) 693 93–383 505(a) Addition.
15 63:413 171 502(a) 693 93–383 505(b) Amendment.
15 63:413 171 504(a) 693 93–383 504 Revision.
15 63:413 171 506(a) 699 93–383 519(a) Amendment.
15 63:413 171 506(d) 694 93–383 506(a) Revision
15 63:413 171 506(e) 694 93–383 506(b) Amendment.
15 63:4 13 17) 507 694 93–383 507(1). (2) Amendment.
15 63:413 171 508(b) 694 93–383 508 Revision.
15 63:413 171 513(b)–(d) 694 93–383 509(a) Revision.
15 63:413 171 515(b)(1) 695 93–383 510(a)(1), (2) Amendment.
15 63:413 171 515(b)(5) 695 93–383 509(b) Amendment.
15 63:413 171 515(d)(4) 695 93–383 510(b) Revision.
15 63:413 171 517 699 93–383 517 Applicability.
15 63:413 171 517(a)(1) 695 93–383 509(h) Amendment.
15 63:413 171 517(b) 698, 699 93–383 516(b), 517 Amendment.
15 63:4)3 171 517(d) 694 93–383 5O5(cM 1 ) Amendment.
15 63:413 171 5l7(j)(l) 694 93–383 505(c)(2), (3) Amendment.
15 63:413 171 5t7(j)(3) 699 93–383 519(b) Amendment.
15 63:413 171 5l7(j)(4) 696, 697 93–383 514(c)(1)– Addition.
15 63:413 171 520(3) 695 93–383 511 Addition.
15 63:413 171 521(a)(1) 696 93–383 514(a) Existing text designated as par. (1).
15 63:4)3 171 521(a)(1) 698 93–383 516(c)(1) (A), (B) Amendment.
15 63:413 171 521(a)(2) 696 93–383 514(a) Addition.
15 63:4)3 171 521(b) 698 93–383 516(c)(2) (A), (B) Amendment.
15 63:413 171 521(c) 696 93–383 514(b) Revision.
15 63:413 171 521(c) 698 93–383 516(c)(3) Amendment,
15 63:413 171 523(b)(1)(B) 695 93–383 512(a) Amendment.
15 63:413 171 523(f) 695 93–383 512(b)(1), (2) Amendment
15 63:413 171 523(h) 695 93–383 512(c) Addition.
15 63:413 171 524(a) 696 93–383 513 Amendment.
15 63:413 171 525 697 93–383 515 Addition.
15 63:413 171 526 698 93–383 516(a) Addition.
15 63:413 171 527 699 93–383 518 Addition.
Oct.  25 63:888 370 1 1446 93–477 201(3) Amendment.
26 63:907 390 1(b) 1967 93–608 1(3) Amendment.
28 63:954 429 .......... 1201 93–433 .......... Exception.
28 63:954 429 .......... 2331 93–645 3(b), (c) Exception.
28 63:954 429 505 1341 93–445 101 Provision subsequent to repeal.
B30

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provisions
Date Statutes vol.: page Public Law Section Statutes vol.: page Public Law Section Comment
1949              
Oct.  31 63:1051 439 416 291 93–335 1(b), (c) Effective date of 1972
              amendment, suspension, extension.
1950              
Mar.  10 64:12 455 302(c) 1386 93–460 1(1) Addition.
10 64:12 455 303(5) 1386 93–460 1(2), (3) Addition.
10 64:12 455 306 1386 93–460 1(4)(B) Exception.
10 64:12 455 306(a) 1386 93–460 1(4)(A) Amendment.
10 64:12 455 306(c) 1386 93–460 1(4)(B) Addition.
10 64:12 455 306(d) 1386 93–460 1(4)(B) Addition.
10 64:12 455 310(a)(7) 1386 93–460 1(5) Addition.
10 64:12 455 316(c) 1387 93–460 1(6) Addition.
Apr.  19 64:44 474 to 1723 93–531 26 Repeal.
20 64:48 475 402(a)(2) 1964 93–604 705(b) Revision.
May  17 64:163 516 110 16 93–251 H(b) Applicability.
17 64:163 516 204 25, 28, 38, 41 93–251 49(a), 50, 56, 88(a), 99 Project modification.
Aug.  1 64:384 630 19 1969 93–608 1(14) Amendment.
4 64:408 656 6 1964 93–604 703 Revision.
Sept.  8 64:798 774 304(b) 1166 93–426 2(a), (b) Repeal; new subsec. (b) added.
8 64:798 774 304(c) 1166 93–426 2(b) Addition.
8 64:798 774 711(a) 1167 93–426 3(1), (2) Existing text designated as subsec. (a) and amended.
8 64:798 774 711(b) 1167 93–426 3(3) Addition.
8 64:798 774 717(a) 280 93–323 .......... Amendment.
8 64:798 774 717(a) 419 93–367 .......... Amendment.
8 64:798 774 717(a) 1167 93–426 4 Amendment.
8 64:798 774 720 1167 93–426 5 Addition.
12 64:832 784 202 1250 93–438 302(a) Applicability.
12 64:832 784 203 332, 331 93–344 1003, 905(a) Repeal.
21 64:873 797 2. “Sec. 3 (m)” 1500, 1502 93–495 101(a)(1), (g) Amendment.
21 64:873 797 2, “Sec. 3 (m)” 1502 93–495 102(a)(1). (b), (c) Amendment.
21 64:873 797 2, “Sec. 7(i)” 1500, 1502 93–495 101(a)(2), (g) Amendment.
21 64:873 797 2, “Sec. 7(i)“ 1502 93–495 102(a)(2), (b), (c) Amendment.
21 64:873 797 2, “Sec. 8” 1522 93–495 503 Supplemental provision.
21 64:873 797 2, “Sec. 8” 2196 93–637 202(a) Supplemental provision.
21 64:873 797 2, “Sec. 8(b) (3)” 1506 93–495 110 Addition.
21 64:873 797 2, “Sec. 8 (c)” 1506 93–495 1)0 Applicability.
21 64:873 797 2, “Sec. 8 (d)” 1506 93–495 110 Applicability.
21 64:873 797 2. “Sec. 8 (h)” 1506 93–495 110 Applicability.
21 64:873 797 2, “Sec. 8(i)” 1506 93–495 no Applicability.
21 64:873 797 2, “Sec. 8 (k)–(n)” 1506 93–495 no Applicability.
21 64:873 797 2. “Sec. 11 (a)” 1502 93–495 102(a)(3), (b), (c) Amendment.
21 64:873 797 2. “Sec. 11 (a)(1) ” 1500, 1502 93–495 101(a)(3), (g) Existing text designated as par. ( 1 ) and amended
21 64:873 797 2, “Sec. 11 (a)(2)” 1500, 1502 93–495 101(a)(3), (g) Addition.
21 64:873 797 2, “Sec. 11 (i) ” 1502 93–495 102(a)(4), (b), (c) Amendment.
B31

AMENDMENTS AND REPEALS
Provisions affected Amendatory provisions
Date Statutes vol.: page Public Law Section Statutes vol.: page Public Law Section Comment
1950              
Sept.  21 64:873 797 2, “Sec. 17 (b) ” 1963 93–604 602(a) Amendment.
21 64:873 797 2, “Sec. 17 (cf 1963 93–604 602(b) Amendment.
21 64:873 797 2, “Sec. 18 (c)(10)” 1505 93–495 106 Addition.
21 64:873 797 2, “Sec. 18 (g)” 1505 93–495 107 Effective and termination dates of 1966 and 1969 amendments, extension.
21 64:873 797 2, “Sec. 18” 1558 93–501 102(a), (b) Amendment; nonapplicability.
21 64:873 797 2, “Sec. 18 (k)” 1560, 1561 93–501 302, 304 Addition.
21 64:873 797 2, “Sec. 24” 1558, 1560 93–501 202, 206 Addition.
21 64:873 797 2, “Sec. 25” 1729, 1731 93–533 ilia), 19 Addition.
23 64:967 815 .......... .......... .......... .......... (See 1958, P.L. 85–620, Sec.101.)
27 64:1067 845 2(d)–(j) 293 93–339 1(a) Subsec.(d) deleted; (e)–(j) redesignated as (d)–(i).
27 64:1067 845 4(a) 293 93–339 1(b) Amendment.
27 64:1067 845 4(b) 293 93–339 1(c), (g) Amendment.
27 64:1067 845 7(d) 293 93–339 1(d) Amendment.
27 64:1067 845 7(e) 293 93–339 1(e) Amendment.
27 64:1067 845 9(c) 293 93–339 1(f) Amendment.
30 64:1100 874 .......... 284 93–324 101(d) Supplemental provision.
30 64:1100 874 1–7 522 93–380 304(b)(1) Exception.
30 64:1100 874 2(a) 522, 488 93–380 303(a)(1). (b), 2(c)(2) Amendment.
30 64:1100 874 3 523, 533 93–380 305(a)(1), (3) Revision.
30 64:1100 874 3(b) 522, 488 93–380 304(a)(1), (2), 2(c)(2) Amendment.
30 64:1100 874 3(f) 522 93–380 304(b)(1), (2) Addition.
30 64:1100 874 4(a) 522, 488 93–380 303(a)(2), (b). 2(c)(2) Amendment.
30 64:1100 874 5 529, 533 93–380 305(a)(2), (3) Revision.
30 64:1100 874 5(a)(2) 284 93–324 101(d) Supplemental provision.
30 64:1100 874 5(c)(1)(A) 523, 488 93–380 304(d)(2), 2 (c)(1) Amendment.
30 64:1100 874 5(d)(2) 522 93–380 304(c)(2) Exception.
30 64:1100 874 5(d)(2) 522, 523 93–380 304(c)( 1 ), (3) Amendment.
30 64:1100 874 5(d)(3) 522, 523 93–380 304(c)(2), (3) Addition.
30 64:1100 874 7(a)(1)(A) 163, 164 93–288 602(e), 605 Amendment.
30 64:1100 874 7(a)(1)(A) 522, 488 93–380 303(a)(3) (A), (b)2(c) (2) Amendment.
30 64:1100 874 7(a)(1)(B) 522, 488 93–380 303(a)(3) (B), (b), 2 (c)(2) Amendment.
30 64:1100 874 7(c) 532, 533 93–380 305(a)(3) Amendment.
30 64:1100 874 101–150 284 93–324 101(d) Supplemental provision.
30 64:1100 874 102 488, 501 93–380 101(a)(1), (b) Revision.
30 64:1100 874 103–126 611, 612 93–380 843(d), (e) Exception.
B32

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provisions
Date Statutes vol.: page Public Law Section Statutes vol.: page Public Law Section Comment
1950              
Sept.  30 64:1100 874 103 488, 501 93–380 101(a)(2) (A)(i)(I), (b) Sec. 103 designated as subprt. 1 of prt. A, title I.
30 64:1100 874 103(a) 488, 501 93–380 101(a)(2) (A)(i)(II)(b) Revision.
30 64:1100 874 103(a)(1) (A) 284 93–324 101(d) Supplemental provision.
30 64:1100 874 103(a)(1)(C) 284 93–324 101(d) Supplemental provision.
30 64:1100 874 103(b) 490, 501 93–380 101(a)(2) (A)–(b) Amendment.
30 64:1100 874 103(c) 490, 501 93–380 101(a)(2) (B). (b) Revision.
30 64:1100 874 103(c)(2) 490, 501 93–380 101(a)(2) (C)(iii). (b) Partial repeal.
30 64:1100 874 103(c)(2) 490, 501 93–380 101(a)(2) (C)(i). (b) Former subsec. (d) redesignated as par. (2) of subsec.(c).
30 64:1100 874 103(c)(2) (A)–(C) 490. 491, 501 93–380 101(a)(2) (C)(ii), (iv), (V), (b) Parts of existing text designated as subpars.(A)–(C) and amended.
30 64:1100 874 103(d) 490, 491, 501 93–380 101(a)(2) (C)(i), (D), (b) Addition. (Former subsec. (d) redesignated as par. (2) of subsec. (c).
30 64:1100 874 103(e) 491, 501 93–380 101(a)(2) (C)(vi), (b) Repeal,
30 64:1100 874 131–132 495, 501 93–380 101(a)(4) (A), (b) Revised and replaced by new sec. 131 (prt. C).
30 64:1100 874 131–132 496 93–380 101(a)(4) (B) Repeal; effective date (prt. C).
30 64:1100 874 141(a)(1) 496, 501 93–380 101(a)(5) (A), (b) Amendment.
30 64:1100 874 141(a)(1) (A) 496, 501 93–380 101(a)(5) (B), (b) Amendment.
30 64:1100 874 141(a)(1)(B) 500, 501 93–380 101(a)(9) (B), (b) Amendment.
30 64:1100 874 141(a)(2) 497, 501 93–380 101(a)(5) (C), (b) Revision.
30 64:1100 874 141(a)(4) 500, 501 93–380 101(a)(9) (A), (b) Amendment.
30 64:1100 874 141(a)(13) 497, 501 93–380 101(a)(5) (D). (b) Deletion, new par (13) added.
30 64:1100 874 141(a)(l4) 497, 501 93–380 101(a)(5) (D), (b) Addition.
30 64:1100 874 141(b) 497. 501 93–380 101(a)(5) (E), (b) Addition; former subsec. (b) redesignated as (c).
30 64:1100 874 141(c) 497, 501 93–380 101(a)(5) (E), (b) Former subsec. (b) redesignated as (c).
30 64:1100 874 141A 497, 501 93–380 101(a)(6), (b) Addition.
30 64:1100 874 141 A 594 93–380 714(e) Applicability.
30 64:1100 874 142 500, 501 93–380 101(a)(9) (D), (b) Amendment.
30 64:1100 874 142(a)(1) 500. 501 93–380 101(a)(9)(E), (b) Amendment.
30 64:1100 874 143(a)(2) 500. 501 93–380 101(a)(9) (C), (b) Amendment.
30 64:1100 874 143(a)(2) 500, 501 93–380 101(a)(9) (F), (b) Amendment.
30 64:1100 874 143(b) 611, 612 93–380 843(a)(1), (e) Amendment.
30 64:1100 874 143(b)(1) 500, 501 93–380 101(a)(9) (G), (b) Revision.
B33

AMENDMENTS AND REPEALS
Provisions affected Amendatory provisions
Date Statutes vol.: page Public Law Section Statutes vol.: page Public Law Section Comment
1950              
Sept.  30 64:1100 874 144 498, 501 93–380 101(a)(7), (b) Amendment.
30 64:1100 874 144 500, 501 93–380 101(a)(9) (H), (b) Amendment.
30 64:1100 874 146 501 93–380 101(a)(9)(l), (b) Amendment.
30 64:1100 874 147 501 93–380 101(a)(9) (J), (b) Amendment.
30 64:1100 874 148(c) 612, 488 93–380 845(a), 2(c) (1) Amendment,
30 64:1100 874 150–152 499, 501 93–380 101(a)(8), (b) Sec. 150 redesignated as 152; new 150, 151 added.
30 64:1100 874 301–307 284 93–324 101(d) Supplemental provision.
30 64:1100 874 303(a)(1) 585, 488 93–380 631(b), (c). 2(c)(2) Amendment.
30 64:1100 874 303(b) 586, 587 93–380 632(b), (d) Amendment.
30 64:1100 874 403(1) 523, 488 93–380 304(d)(1), 2 (c)(1) Amendment.
30 64:1100 874 403(16) 501 93–380 101(a)(9) (K), (b) Addition.
30 64:1100 874 403(i7) 501 93–380 101(a)(9) (K), (b) Addition.
30 64:1100 874 (title 1 prt. A, subprt. 2) 121 491, 495, 501 93–380 101(a)(2) (E), (3), (b) Addition. (Former sec. 121 (title 1, prt. B) redesignated as 126 (title I, prt. A, subprt. 2).)
30 64:1100 874 (title I, prt.B) 121 495, 501 93–380 101(a)(3), (b) Redesignated as sec. 126 (title I, prt. A, subprt. 2).
30 64:1100 874 (title 1, prt. A, subprt. 2) 122–125 492, 501 93–380 101(a)(2) (E), (b) Addition (title I, prt. A, subprt. 2).
30 64:1100 874 (title 1, prt. A, subprt 2) 126 495, 501 93–380 101(a)(3), (b) Former sec. 121 (title I, prt. B) redesignated as 126 (title I, prt. A, subprt. 2).
1951              
Mar.  23 65:7 9 102(c)(1) 288 93–329 1 Amendment.
Oct.  24 65:607 195 2 1038 93–407 102, 103(a) Amendment.
1952              
May  23 66:92 359 3 245 93–318 7 Amendment.
July  15 66:637 547 1415 1738 93–539 .......... Exception.
1953              
June  26 67:83 83 1 1428 93–471 208(b)(1), (2), (c) Supplemental provision.
26 67:83 83 1, “Sec. 3” 1428 93–471 208(b)(2), (c) Exception.
Aug.  7 67:462 212 4(a)(2) 2146 93–627 19(f) Amendment.
1954              
May  13 68:92 358 2(a)–(c) 1977 93–615 1(a), (b), 2 Subsecs, (a), (b) revised and replaced by (a); (c) relettered as (b).
18 68:101 364 150i 1065 93–407 474(a). 476 (a) Repeal; savings provision.
June  4 68:173 387 .......... 1375 93–453 1 Exception.
30 68:330 451 3 164 93–288 602(K), 605 Amendment.
B34

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provisions
Date Statutes vol.: page Public Law Section Statutes vol.: page Public Law Section Comment
1954              
July  2 68:396 470 101 322,331 93–344 505(2), 905 (a) Partial repeal.
July  22 68:497 517 31(b) 1211 93–435 3 Revision.
26 68:533 531 1–4 544–546 93–380 402(a)(1), (2). (c)(1) Rev is ion.
28 68:575 547 7 1967 93–608 1(2) Repeal.
Aug.  2 68:590 560 701(a) 686 93–383 401(a)(1) Amendment.
2 68:590 560 701(a) 686 93–383 401(a)(3) Amendment.
2 68:590 560 701(a)(2)– 686 93–383 401(a)(2) Deletion; new pars.
      (H)       (2)–(7) added.
2 68:590 560 701(a)(3)(B) (1) 163, 164 93–288 602(a), 605 Revision.
2 68:590 560 701(b)–(n) 687 93:383 401(b) Subsecs, (b)–(j) deleted; new (b)– (n) added.
2 68:590 560 703(1) 691 93–383 401(c) Amendment.
2 68:590 560 815 668 93–383 204 Repeal.
3 68:652 565 2, “Sec. 16 (c)(2)–(4) 1968 93–608 1(8) Provision subsequent to repeal.
5 68:674 568 8 2208 93–638 105(b) Addition.
26 68:832 665 502(b) 444 93–371 107 Amendment.
27 68:868 671 24 1969 93–608 1(15) Amendment.
30 68:919 703 1 1240 93–338 107(a) Applicability.
30 68:919 703 1 1244 93–438 202 Exception.
30 68:919 703 1 1879 93–577 3(b)(2) Applicability.
30 68:919 703 1, “Sec. 21” 1237, 1253 93–438 104(a), 312 (a) Repeal.
30 68:919 703 1, “Sec. 22” 1237, 1253 93–438 104(a), 312 (a) Repeal.
30 68:919 703 1, ”Sec. 25 1237, 1253 93:438 104(d), 312 (a) Transfer of functions.
30 68:919 703 1, “Sec. 26“ 1237, 1253 93–438 104(d), 312 (a) Transfer of functions.
30 68:919 703 1. “Sec. 27” 1237, 1253 93–438 104(d), 312 (a) Transfer of functions.
30 68:919 703 1. “Sec. 54” 473 93–377 2 Revision.
30 68:919 703 1, “Sec. 57d 475 93–377 3 Addition.
30 68:919 703 1. “Sec. 81” 475 93–377 4 Amendment.
30 68:919 703 1, “See. 110a 1244 93–438 202 Exception.
30 68:919 703 1, “Seca 123–125” 474 93–377 2 Exception.
30 68:919 703 1, “Sec. 123” 473 93–377 2 Applicability.
30 68:919 703 1, “Sec. 123” 475 93–377 5 Amendment.
30 68:919 703 1, “Sec. 123d 1460 93–485 1. 2 Revision.
30 68:919 703 1, “Sec. 124” 475 93–377 5 Amendment.
30 68:919 703 1,“Sec. 125a 475 93–377 5 Amendment.
30 68:919 703 1, “Secs. 141–146” 1241 93–438 107(e) Applicability.
30 68:919 703 1, “Sec. 153h 475 93–377 6 Amendment.
30 68:919 703 1, “Sec. 157” 1237, 1253 93–438 104(d), 312 (a) Transfer of functions.
30 68:919 703 1, “Sec. 157b (3)” 119 93–276 201 Amendment.
30 68:919 703 1, “See. 161” 1235, 1248 93–438 102(f), 209 (c) Applicability.
30 68:919 703 1, “Sec. 161” 475 93–377 7 Revision,
30 68:919 703 1, “Sec. 166” 1251 93–438 306(a) Applicability.
30 68:919 703 “Sec. 202a” 1611 93–514 .......... Existing text designated as subsec. a.
30 68:919 703 1, “Sec. 202b” 1611 93–514 .......... Addition.
30 68:919 703 1. “Sec. 204” 1776 93–554 101(2) Amendment.
Sept.  3 68:1248 780 203 19, 41 93–251 17. 102 Project modification.
B35

AMENDMENTS AND REPEALS
Provisions affected Amendatory provisions
Date Statutes vol.: page Public Law Section Statutes vol.: page Public Law Section Comment
1954              
Sept.  3 68:1248 780 208 20 93–251 26 Amendment. (Sec also 1937, P.L. 406, sec. 2.)
1955              
Jan.  29 69:7 4 .......... 1439 93–475 3 Repeal.
July  15 69:324 161 515 1759 93–552 507(a)(1). (2) Amendment.
15 69:365 165 1 472 93–377 1(a) Amendment.
15 69:365 165 2 472 93–377 1(b) Revision.
15 69:365 165 3 472 93–377 1(b) Revision.
15 69:365 165 5 472 93–377 1(b) Revision.
15 69:365 165 6 473 93–377 1(c) Amendment.
Aug.  2 69:435 208 108 1968 93–608 1(7) Amendment.
4 69:471 221 102 1970 93–608 1(22) Repeal.
5 69:521 243 1 1042–1048 93–407 202(1), (2) Schedule revised; effective dates.
5 69:521 243 1 2175 93–635 4(l)–(5), 5 (1). (2) Amendment
5 69:521 243 2(a)(3)(D) 1050 93–407 205(a), (c) Deletion.
5 69:521 243 2(a)(3)(E) 1050 93–407 205(a), (c) Deletion.
5 69:521 243 13(a) 1049 93–407 202(3), (4) Schedule revised, effective dates.
5 69:521 243 13(a) 2177 93–635 11 Amendment.
9 69:616 320 2 446 93–375 1 Amendment.
11 69:671 352 1, “Sec. 1” 1429, 1430 93–471 208(e). 407 Amendment.
11 69:687 365 1 192 93–302 2 Exception.
12 69:699 376 4(b) 471 93–376 706(b), 705 Amendment.
12 69:699 376 5(e) 2177 93–635 13(a) Amendment.
12 69:699 376 5(g) 2177 93–635 13(b) Addition.
12 69:699 376 10(e) 794 93–395 3(a) Amendment.
12 69:699 376 13 471 93–376 706(a), (c), 705 Revision; savings provision.
1956              
Apr.  11 70:105 485 5(d)(5) 273 93–320 205(d) Addition.
June  19 70:293 597 6(b)(4) 609. 610 93–380 841(b). (c) Amendment.
July  25 70:647 798 1(a)(1) 321, 331 93–344 503(a), 905 (a) Revision.
25 70:647 798 1(b) 322, 331 93–344 503(b), 905 (a) Revision.
31 70:733 853 102 1968 93–608 1(7) Repeal.
Aug.  1 70:890 885 14 1441 93–475 10 Addition.
1 70:890 885 15(a) 1442 93–475 11 Revision.
1 70:890 885 16 1442 93–475 12 Addition.
8 70:1119 1024 3(a) 92 93–271 1(1), (2), 3 Amendment.
8 70:1119 1024 3(b)–(f) 92 93–271 1(3), 3 Subsecs, (b)–(f) deleted; new (b)– (d) added.
1958              
July  3 72:297 85–500 203 19 93–251 2) Project modification
18 72:384 85–536 2, “Sec. 2 (b)” 742 93–386 2(a)(1) Subsec. (b) redesignated as (c); new (b) added.
18 72:384 85–536 2, “Sec. 2 (c)” 742 93–386 2(a)(1) Former subsec (b) redesignated as (c).
18 72:384 85–536 2, “Sec. 4 (b)” 748 93–386 7(1), (2) Amendment.
18 72:384 85–536 2, “Sec, 4(c) (1)” 742 93–386 2(a)(2) Deletion; new par. ( 1 ) added.
18 72:384 85–536 2, “Sec. 4(c) (D(B)” 748 93–386 6(b) Transfer of funds.
18 72:384 85–536 2, “Sec. 4(c) (2)” 742 93–386 2(a)(2) Deletion; new par. (2) added.
B36

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provisions
Date Statutes vol.: page Public Law Section Statutes vol.: page Public Law Section Comment
1958              
July  18 72:384 85–536 2, “Sec. 4(c)(4)“ 742 93–386 2(a)(3) Deletion; new par. (4) added.
18 72:384 85–536 2, “Sec. 4(c) (5)” 748 93–386 6(b) Nonapplicability.
18 72:384 85–536 2, “Sec. 4(c) (6)” 748 93–386 6(b) Nonappiicabiiity.
18 72:384 85–536 2, “Sec. 5(b) (10) 746 93–386 3(1) Addition.
18 72:384 85–536 2. “Sec. 5(b) (H) 746 93–386 3(1) Addition.
18 72:384 85–536 2, “Sec. 5 (e) 749 93–386 10 Addition.
18 72:384 85–536 2, “Sec. 7(a) (4)(B) 748 93–386 8 Revision.
18 72:384 85–536 2, “Sec. 7(a) (5)(B) 748 93–386 8 Revision.
18 72:384 85–536 2, “Sec. 7(a) (8)“ 749 93–386 12 Addition.
18 72:384 85–536 2, ”Sec. 7 (b)” 749 93–386 9(b) Amendment.
18 72:384 85–536 2. “Sec. 7(b) (8)“ 748 93–386 9(a) Addition.
18 72:384 85–536 2, “Sec. 7(h) 746 93–386 3(2) Amendment.
18 72:384 85–536 2. ”Sec. 7(i)– 742 93–386 2(a)(4) Addition.
      (k)        
18 72:384 85–536 2, “Sec. 10 (a)” 1972 93–608 3(4) Amendment.
18 72:384 85–536 2, “Sec. 10 (b)” 1972 93–608 3(5) Amendment.
18 72:384 85–536 2, “Sec. 10 746 93–386 4 Addition.
18 72:384 85–536 2, “Sec. 18” 746 93–386 5 Amendment.
29 72:426 85–568 203(b) 1070 93–409 4 Sub sec. (b)
              redesignated as (c); new (b) added.
29 72:426 85–568 203(b)(9) 243 93–316 6 Revision.
29 72:426 85–568 203(c) 1070 93–409 4 Former subsec. (b) redesignated as (c).
Aug.  1 72:480 85–584 101(a) 1036, 1038 93–407 101(a)(1), 103(a) Schedule revised.
1 72:480 85–584 101(a) 2173 93–635 1 Amendment.
1 72:480 85–584 202 1036, 1038 93–407 101(a)(2), (3), 103(a) Amendment.
  72:480 85–584 301(a) 1036, 93–407 101(a)(4) Existing text designated
        1038   (A), 103(a) as subsec. (a) and amended.
1 72:480 85–584 301(a) 2179 93–635 18(b) Effective date of 1974 amendment.
1 72:480 85–584 301(b) 1036, 1038 93–107 101(a)(4) (B), 103(a) Addition.
1 72:480 85–584 301(b) 2179 93–635 18(b) Effective date of 1974 amendment.
1 72:480 85–584 302 1037, 1038 93–407 101(a)(5), (7). 103(a) Amendments.
  72:480 85–584 302 2174 93–635 2(a) Revision.
1 72:480 85–584 302 2175 93–635 2(c) Repeal of 1974 amendments.
1 72:480 85–584 302(e) 1037, 1038 93–407 101(a)(6), 103(b) Addition.
1 72:480 85–584 302(e) 2175 93–635 2(b) Addition.
1 72:480 85–584 302(e) 2175 93–635 2(c) Repeal of 1974 addition.
1 72:480 85–584 302(f) 1037, 1038 93–407 101(a)(6), 103(b) Addition.
1 72:480 85–584 302(f) 2175 93–635 2(b) Addition.
B37

AMENDMENTS AND REPEALS
Provisions affected Amendatory provisions
Date Statutes vol.: page Public Law Section Statutes vol.: page Public Law Section Comment
1958              
Aug.  1 72:480 85–584 302(f) 2175 93–635 2(C) Repeal of 1974 addition.
  72:480 85–584 401(a)(2) 1037, 1038 93–407 101(a)(8), 103(c) Revision; effective date.
  72:480 85–584 401(c) 1037, 1038 93–407 101(a)(9), 103(c) Amendment; effective date.
12 72:548 85–620 101 284 93–324 101(d) Supplemental provision.
12 72:548 85–620 101, “Sec. 3“ 521. 488 93–380 301(a)(1). (c), 2(c)(2) Amendment.
12 72:548 85–620 101, “Sec. 5 (a)(1)(A)“ 521, 488 93–380 302(a)(1), 2 (c)(1) Deletion.
12 72:548 85–620 101, “Sec. 5 (a)(1)(B)“ 521, 488 93–380 302(a)(1), 2 (c)(1) Amendment; designation “(B)“ deleted.
12 72:548 85–620 101, “Sec. 5 (a)(2)(A)“ 522, 488 93–380 302(a)(2), 2 (c)(1) Amendment.
12 72:548 85–620 101, “Sec. 5 (a)(2)(B)“ 522, 488 93–380 302(a)(2), 2 (c)(1) Cl. (C) redesignated as (B).
12 72:548 85–620 101. “Sec. 5 (a)(2)(C)“ 522, 488 93–380 302(a)(2), 2 (c)(1) Ci. (C) redesignated as (B),
12 72:548 85–620 101, “Sec. 15 (15)“ 521, 488 93–380 301(a)(2), (c), 2(c)(2) Amendment.
12 72:548 85–620 101, “Sec. 16 (a)“ 164 93–288 602(f), 605 Amendment.
12 72:548 85–620 101, “Sec. 16 (a)“ 522, 488 93–380 303(a)(1), 2 (c)(1) Amendment.
12 72:548 85–620 101, “Sec. 16 (a)(1)(A)“ 521. 488 93–380 301(b), (c), 2(c)(2) Amendment.
21 72:689 85–699 .......... 1523 93–195 503 Supplemental provision.
21 72:689 85–699 101 747 93–386 6(a)(1) Amendment.
21 72:689 85–699 308(h) 1559, 1560 93–501 204, 206 Addition.
21 72:689 85–699 403 747, 748 93–386 6(a)(2), 6 (b) Deletion; new sec. 403 added; transfer of funds.
21 72:689 85–699 4)1 747 93–386 6(a)(3) Amendment.
21 72:689 85–699 411(c) 749 93–386 11(a). (b) Amendment.
21 72:689 85–699 412 747, 748 93–386 6(a)(4), (b) Addition; transfer of funds.
21 72:700 85–701 5 1969 93–608 1(13) Repeal.
23 72:731 85–726 .......... 1523 93–495 503 Supplemental provision.
23 72:731 85–726 101(22 )–(38) 419 93–366 206 Pars. (22)–(36) redesignated as (24)–(38); new (22), (23) added.
23 72:731 85–726 101(32) 409 93–366 102 Revision.
23 72:731 85–726 302(c) 1970 93–608 1(20) Amendment.
23 72:731 85–726 315 415, 419 93–366 202, 207(a) Addition.
23 72:731 85–726 316 415, 419 93–366 202, 207(a) Addition.
23 72:731 85–726 403(b) 2105 93–623 7(a) Amendment.
23 72:731 85–726 403(b)(1) 2105 93–623 8(a) Existing text designated as par. (1).
23 72:731 85–726 403(b)(2) 2105 93–623 8(a) Add it ion.
23 72:731 85–726 406(h)(1)–(3) 2103 93–623 4 Existing text designated as ( 1 ); pars. (2), (3) added.
23 72:731 85–726 407(e) 2105 93–623 7(b) Amendment.
23 72:731 85–726 901(a)(1) 414 93–366 107 Amendment.
23 72:731 85–726 902(a)(1) 2162, 2163 93–633 113(b)(1), (2), 114 Amendment.
23 72:731 85–726 902(d) 2106 93–623 8(c), (d) Heading revised.
23 72:731 85–726 902(d)(1) 2105 93–623 8(b) Existing text designated as par. ( 1 ).
23 72:731 85–726 902(d)(2) 2105 93–623 8(b) Addition.
B38

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provisions
Date Statutes vol.: page Public Law Section Statutes vol.: page Public Law Section Comment
1958              
Aug.  23 72:731 85–726 902(h) 2162. 2163 93–633 113(c), 114 Revision.
23 72:731 85–726 9O2(i)(l) 411 93–366 104(a) Revision.
23 72:731 85–726 902(i)(2) 410 93–366 103(a) Amendment.
23 72:731 85–726 902(i)(3) 411 93–366 104(b) Addition.
23 72:731 85–726 902(1) 417, 419 93–366 203, 207(b) Revision.
23 72:731 85–726 902(n)-(m) 410, 414 93–366 103(b), 109 (a) Subsecs, (n), (o) redesignated as (o). (p); new (n) added.
23 72:73) 85–726 902(o) 411 93–366 103(c) Redesignated subsec. (o) amended.
23 72:731 85–726 903(c) 411,414 93–366 105, 109(b) Addition.
23 72:731 85–726 1007(a) 414 93–366 108 Amendment.
23 72:731 85–726 1102 413 93–366 106 Exception.
23 72:731 85–726 till 418 93–366 204 Revision.
23 72:731 85–726 1114 413, 414 93–366 106, 109(c) Addition.
23 72:731 85–726 1115 413, 414 93–366 106, 109(c) Addition.
23 72:731 85–726 1116 418, 419 93–366 205, 207(c) Addition.
23 72:731 85–726 1117 2104 93–623 5(a), (b) Addition.
23 72:731 85–726 1307(f) 1964 93–604 702 Amendment.
27 72–921 85–768 .......... 1422 93–468 1 Amendment.
28 72:997 85–836 .......... 851, 852 93–406 111(a)(1), (b)(1), (2) Repeal; savings provision; effective date.
Sept.  2 72:1105 85–857 10 .......... 93–295 101(b) Rate adjustment authority.
2 72:1580 85–864 301–315 284 93–324 101(d) Supplemental
2 72:1580 85–864 301 588 93–380 651(a), (b) provision. Amendment;
2 72:1726 85–900 9(e) 1970 93–608 1(19) exception. Amendment.
6 72:1793 85–934 3 1967 93–608 1(1) Repeal.
1959              
Aug.  29 73:432 86–211 9(b) 1704, 1705 93–527 6, 10 Supplemental provision.
Sept.  14 73:519 86–257 211 852 93–406 111(a)(2) (D), (b)(1), (2) Amendment.
22 73:628 86–354 1 1522 93–495 503 Supplemental provision.
22 73:628 86–354 1, “Sec. 107 (5) 1866 93–569 6 Amendment.
22 73:628 86–354 1. “Sec. 107 (6)“ 719 93–383 721(a) Revision.
22 73:628 86–354 1, “Sec. 107 (7)“ 1502 93–495 101(d), (g) Amendment.
22 73:628 86–354 1, “Sec. 107 (8)(E)“ 727 93–383 805(c)(5) Amendment.
22 73:628 86–354 l,“Sec. 107 (9)“ 719 93–383 721(b) Amendment.
22 73:628 86–354 1, “Sec. 109“ 719 93–383 722 Amendment.
22 73:628 86–354 1, “Sec. 111“ 1507 93–495 116 Amendment.
22 73:628 86–354 “Sec. 113“ 719 93–383 723(a)–(d) Amendment.
22 73:628 86–354 1. “Sec. 115“ 719 93–383 724 Amendment.
22 73:628 86–354 1, “Sec. 117“ 720 93–383 725(a), (b) Amendment.
22 73:628 86–354 l.“Sec. 126“ 720 93–383 726 Amendment.
22 73:628 86–354 “Sec. 202 (h)(3)“ 720 93–383 727(1 M3) Addition.
22 73:628 86–354 1, “Sec. 206 (a)“ 720 93–383 728(a) Revision.
22 73:628 86–354 1, “Sec. 206 (c)“ 720 93–383 728(b) Amendment.
22 73:628 86–354 1, “Sec. 206 (d)(1)–(3)“ 720 93–383 728(c) Existing text designated as ( 1 ); pars. (2), (3) added.
B39

AMENDMENTS AND REPEALS
Provisions affected Amendatory provisions
Date Statutes vol.: page Public Law Section Statutes vol.: page Public Law Section Comment
1959              
Sept.  22 73:628 86–354 1, “Sec. 207 (c)“ 1503 93–495 104(a)–(c) Amendment.
22 73:628 86–354 1, “Sec. 207 (c)(1)“ (501, 1502 93–495 101(c), (g) Existing text designated as par. (1) and amended.
22 73:628 86–354 I, “Sec. 207 (c)(2)“ (501. 1502 93–495 101(c). (g) Addition.
22 73:628 86–354 1, “Sec. 208 (aid) 721 93–383 729 Revision.
22 73:628 86–354 1, “Sec. 209 (b)(2)“ 1964 93–604 706 Amendment.
23 73:654 86–372 202(a)(3) .......... 93–383 210(a) Amendment.
23 73:654 86–372 202(a)(4) (A)–(C) 670 93–383 210(d)(1)–(3) Existing text designated as (A) and amended; cls. (B), (C) added.
23 73:654 86–372 202(a)(5) 671 93–383 210(e) Addition.
23 73:654 86–372 202(d)(4) 669 93–383 210(b)(1), (2) Amendment.
23 73:654 86–372 202(d)(8) 671 93–383 210(f) Amendment.
23 73:654 86–372 202(f) 670 93–383 210(c) Addition.
1960              
Apr.  22 74:79 86–438 .......... 1969 93–608 1(11) Amendment.
June  27 74:220 86–523 1(1) .......... 93–291 1(1) Part of existing text designated as cl. (1).
27 74:220 86–523 1(2) .......... 93–291 1(1) Addition.
27 74:220 86–523 2(a) 174 93–291 1(2) Designation “ (a)“ deleted: amendment.
27 74:220 86–523 2(b) 174 93–291 1(2) Deletion.
27 74:220 86–523 2(c) (75 93–291 1(4) Redesignated as sec. 5 (a) and amended.
27 74:220 86–523 2(d) 175 93–291 (5) Deletion.
27 74:220 86–523 2(e) 175 93–291 1(6) Redesignated as sec. 5 (b).
27 74:220 86–523 3 174 93–291 1(3) Addition.
27 74:220 86–523 3 175 93–291 1(8) Redesignated as sec. 6.
27 74:220 86–523 4 (74 93–291 1(3) Addition.
27 74:220 86–523 4 (75 93–291 1(9) Deletion.
27 74:220 86–523 5(a) (75 93–291 1(4) Sec. 2(c) redesignated as 5(a) and amended.
27 74:220 86–523 5(b) 175 93–291 (6) Sec. 2(e) redesignated as 5(b).
27 74:220 86–523 5(c) (75 93–291 1(7) Addition.
27 74:220 86–523 6 (75 93–291 1(8) Former sec. 3 redesignated as 6.
27 74:220 86–523 6(2) (75 93–29i 1(8) Revision.
27 74:220 86–523 6(3) (75 93–291 1(8) Revision.
27 74:220 86–523 7 175 93–291 1(9) Addition
30 74:293 86–565 14 445 93–373 1 Addition
30 74:293 86–565 15 445 93–373 3 Addition.
July  7 74:336 86–599 .......... 1237. 1253 93–438 104(d), 312 (a) Transfer of functions.
14 74:480 86–645 101 21 93–251 31 Project modification.
14 74:480 86–645 101 28 93–251 57 Project reinstatement and extension.
14 74:480 86–645 206(b) 30 93–251 64 Amendment.
14 74:480 86–645 207(c) 17 93–251 13 Revision.
Sept.  2 74:734 86–687 1 1966 93–606 .......... Amendment.
5 74:1052 86–797 1–6 1375 93–452 3(1) Secs. 1–6 redesignated as 101–106.
15 74:1052 86–797 1 1369 93–452 1(1) Amendment.
15 74:1052 86–797 6(b) 1369 93–452 l(2)(A), (B) Amendment.
15 74:1052 86–797 101–106 1375 93–452 3(1). (2) Secs. 1–6 redesignated as 101–106; heading added.
B40

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provisions
Date Statutes vol.: page Public Law Section Statutes vol.: page Public Law Section Comment
1960              
Sept.  15 74:1052 86–797 101 1375 93–452 3(2) Amendment.
15 74:1052 86–797 102 1375 93–452 3(3) Amendment.
15 74:1052 86–797 104 .......... 93–152 3(4) Amendment.
15 74:1052 86–797 106 1375 93–52 3(4), (5) Amendment.
15 74:1052 86–797 201–209 1369 93–452 2 Addition (title II).
1961              
June  29 75:129 87–63 2(6) 2105 93–623 6 Addition.
30 75:149 87–70 206(c) 668 93–383 205 Amendment.
Aug.  8 75:294 87–128 309 392 93–357 5 Supplemental provision.
8 75:294 87–128 31OB(d)(6) 392 93–357 9 Applicability.
10 75:336 87–134 5 1445 93–477 101(4) Amendment.
Sept.  4 75:424 87–195 .......... 1803, 1804 93–559 28(a), 31 Exception.
4 75:424 87–195 .......... 1807 93–559 37(e) Applicability.
4 75:424 87–195 .......... 1867 93–570 3. 4 Applicability,
4 75:424 87–195 103(a) 1795 93–559 2(1), (2) Existing text designated as subsec. (a) and amended.
4 75:424 87–195 103(b) 1795 93–559 2(3) Addition.
4 75:424 87–195 104 1795 93–559 4(1) Amendment.
4 75:424 87–195 105 1796 93–559 5 Amendment.
4 75:424 87–195 112 1804 93–559 30(b) Repeal.
4 75:424 87–195 115 1800 93–559 20 Addition.
4 75:424 87–195 203 1796 93–559 6 Amendment.
4 75:424 87–195 221–223 1796 93–559 8(a)(1) Heading revised (prt. I, chp. 2. titlelll).
4 75:424 87–195 221 1796 93–559 7(1) Amendment.
4 75:424 87–195 221 1796 93–559 7(2) Expiration date, extension.
4 75:424 87–195 222 1796 93–559 7(2) Expiration date, extension.
4 75:424 87–195 222A 1796 93–559 8(a)(2) Addition.
4 75:424 87–195 223(a) 1797 93–559 8(a)(3) Amendment.
4 75:424 87–195 223(b) 1797 93–559 8(a)(4) Amendment.
4 75:424 87–195 223(d) 1797 93–559 8(a)(5) Amendment.
4 75:424 87–195 223(i) 1796 93–559 7(2) Amendment. (See also 1961, P.L. 87–195, secs. 221, 222.)
4 75:424 87–195 231 763 93–390 2(1)(A) Amendment.
4 75:424 87–195 231(a) 764 93–390 2(1)(B) Deletion; new cis. (a) added.
4 75:424 87–195 231(d) 764 93–390 231(1)(C) Amendment.
4 75:424 87–195 231(e) 764 93–390 2l(1)(D) Deletion; new cis. (e) added.
4 75:424 87–195 23l(i) 764 93–390 2(l)(E) Amendment.
4 75:424 87–195 231(1) 764 93–390 2(1)(F)-(H) Addition.
4 75:424 87–195 23Um) 764 93–390 2(1)(H) Addition.
4 75:424 87–195 234 764 93–390 2(2)(A) Caption revised.
4 75:424 87–195 234(a) 766 93–390 2(3)(A) Expiration date, extension.
4 75:424 87–195 234(a)(2) 764 93–390 2(2)(B) Deletion; new par. (2) added.
4 75:424 87–195 234(a)(4)– (7) 765 93–390 2(2)(C) Addition.
4 75:424 87–195 234(b) 766 93–390 2(3)(A) Expiration date, extension.
4 75:424 87–195 234(f) 766 93–390 2(2)(D) Addition
4 75:424 87–195 235(a)(4) 766 93–390 2(3)(A) Amendment. (See also 1961, P.L. 87–195, sec. 234(a), (b).)
4 75:424 87–195 235(d) 766 93–390 2(3)(B) Amendment.
4 75:424 87–195 235(f) 766 93–390 2(3)(C) Deletion; new subsec. (f) added.
4 75:424 87–195 237(a) 767 93–390 2(4)(A) Amendment.
4 75:424 87–195 237(b) 767 93–390 2(4)(B) Amendment.
B41

AMENDMENTS AND REPEALS
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section Statutes vol.: page Public Law Section Comment
1961              
Sept.  4 75:424 87–195 237(c) 767 93–390 2(4)(C) Amendment.
4 75:424 87–195 237(d) 767 93–390 2(4)(D) Deletion; new subsec. (d) added.
4 75:424 87–195 237(e) 767 93–390 2(4)(E) Amendment.
4 75:424 87–195 237(f) 767 93–390 2(4)(F), (G) Amendment.
4 75:424 87–195 237(f) 767 93–390 2(4)(G) Exception.
4 75:424 87–195 237(g) 768 93–390 2(4)(H) Amendment.
4 75:424 87–195 237(h) 768 93–390 2(4)(I) Amendment.
4 75:424 87–195 237(1) 768 93–390 2(4)(J) Amendment.
4 75:424 87–195 237(k) 768 93–390 2(4)(K) Deletion; new subsec. (k) added.
4 75:424 87–195 239(b) 768 93–390 2(5)(A) Amendment.
4 75:424 87–195 239(h) 768 93–390 2(5)(B) Addition.
4 75:424 87–195 240 1797 93–559 8(b) Deletion.
4 75:424 87–195 240(h) 768 93–390 2(6) Amendment.
4 75:424 87–195 240A(b) 768 93–390 2(7) Deletion; new subsec. (b) added.
4 75:424 87–195 292 1795 93–559 4(2) Amendment.
4 75:424 87–195 302(a) 1798 93–559 9(a)(1) Amendment.
4 75:424 87–195 302(g) 1798 93–559 9(a)(2) Addition.
4 75:424 87–195 302(h) 1798 93–559 9(a)(2) Addition.
4 75:424 87–195 305 1818 93–559 54 Addition
4 75:424 87–195 451–452 290 93–333 2(1) Heading revised (prt. 1, chp. 5).
4 75:424 87–195 451 1803 93–559 28(c) Revision.
4 75:424 87–195 452 290 93–333 2(2) Addition.
4 75:424 87–195 496 1818 93–559 53 Addition (prt. I chp. X).
4 75:424 87–195 502B 1815 93–559 46 Addition.
4 75:424 87–195 504(a) 1798 93–559 10(1), (2) Amendment.
4 75:424 87–195 506 1802 93–559 26(c) Restriction.
4 75:424 87–195 506(a) 1798 93–559 11(1). (2) Amendment.
4 75:424 87–195 513 1798 93–559 12(1) Caption amended.
4 75:424 87–195 513(c) 1798 93–559 12(2) Addition.
4 75:424 87–195 514 1799 93–559 15 Addition.
4 75:424 87–195 515 1799 93–559 16 Addition.
4 75:424 87–195 532 1800 93–559 18 Amendment.
4 75:424 87–195 610(a) 1800 93–559 19(a)(1) Amendment.
4 75:424 87–195 610(a) 1807 93–559 36(b) Restriction.
4 75:424 87–195 610(c) 1800 93–559 19(a)(2) Addition.
4 75:424 87–195 614 1800. 1802 93–559 19(b). 26(c) Restriction.
4 75:424 87–195 614(a) 1800 93–559 19(b) Amendment.
4 75:424 87–195 614(a) 1801, 1807 93–559 20. 36(c) Restriction.
4 75:424 87–195 620(a) 1802 93–559 23 Amendment.
4 75:424 87–195 620(p) 1813 93–559 44 Repeal.
4 75:424 87–195 620(v) 1802 93–559 24 Repeal.
4 75:424 87–195 620(x) 1801 93–559 22 Addition.
4 75:424 87–195 634(d) 1799 93–559 14 Amendment.
4 75:424 87–195 639 1803 93–559 28(a) Revision.
4 75:424 87–195 639A 290 93–333 3(1) Caption amended
4 75:424 87–195 639A(a) 290 93–333 3(2) Amendment.
4 75:424 87–195 639A(b) 290 93–333 3(3)–(5) Amendment.
4 75:424 87–195 653(a) 1801 93–559 21(1) Amendment,
4 75:424 87–195 653(b) .......... 93–559 21(2) Subscc. (b) redesignated as (c); new (b) added.
4 75:424 87–195 653(c) 1801 93–559 21(2) Former subsec. (b) redesignated as (c).
4 75:424 87–195 655(a) 1810 93–559 39(a)(1), (2) Amendment.
4 75:424 87–195 655(a) 1812 93–559 41 Nonapplicability.
4 75:424 87–195 655(b) 1810 93–559 39(a)(3), (4) Amendment.
4 75:424 87–195 655(b) 1812 93–559 41 Nonapplicability.
4 75:424 87–195 655(c) 282 93–324 101(b) Exception.
B42

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section Statutes vol.: page Public Law Section Comment
1961              
Sept.  4 75:424 87–195 656 1810 93–559 39(b) Amendment.
4 75:424 87–195 656 1812 93–559 41 Nonapplicability.
4 75:424 87–195 659 1803 93–559 29(a) Addition.
4 75:424 87–195 660 1803 93–559 30(a) Addition.
4 75:424 87–195 661 1804 93–559 31 Addition.
4 75:424 87–195 662 1804 93–559 32 Addition.
4 75:424 87–195 663 1804 93–559 32 Addition.
4 75:424 87–195 664 1805 93–559 33 Addition.
4 75:424 87–195 806 1812 93–559 41 Addition.
4 75:424 87–195 901–903 1812 93–559 42 Addition (prt. VI).
21 75:527 87–256 105(f) 1 197 93–433 .......... Applicability.
21 75:527 87–256 108(c) 1197 93–433 .......... Applicability,
22 75:612 87–293 3(b) 191 93–302 1 Amendment.
22 75:612 87–293 3(c)–(f) 191. 192 93–302 2 Addition.
26 75:631 87–297 41(d) 289 93–332 1(a)(l)–(3) Amendment.
26 75:631 87–297 49(a) 289 93–332 1(b) Amendment.
Oct.  4 75:780 87–362 2(b) 1304 93–444 1(a), (b) Amendment.
4 75:780 87–362 2(c) 1304 93–444 1(c) Amendment.
4 75:780 87–362 4 1304, 1305 93–444 1(c), (d) Applicability; amendment.
1962              
June  13 76:96 87–483 11(a) 1499 93–193 1401(a) Waiver.
Aug.  16 76:389 87–590 7 1497 93–93 1101 Amendment.
Sept.  5 76:427 87–626 2 1971 93–608 2(6) Amendment.
10 76:530 87–655 2 1575 93–504 .......... Amendment.
13 76:538 87–657 2(a) 1744 93–550 201 Revision.
19 76:555 87–668 .......... 1873 93–573 104 Copyright terms, extension.
Oct.  2 76:680 87–730 106(a)(8) 436 93–371 .......... Addition.
5 76:746 87–750 4 1445 93–477 101(10) Amendment.
11 76:872 87–794 202 2072 93–618 602(d) Repeal.
11 76:872 87–794 211–213 2072 93–618 602(d) Repeal.
11 76:872 87–794 221–226 2072 93–618 602(d) Repeal.
1 1 76:872 87–794 231 2072 93–618 602(d) Repeal.
11 76:872 87–794 232(b) 1993 93–618 127(d)(1)– (3) Amendment.
11 76:872 87–794 232(c) 1994 93–618 127(d)(4) Amendment.
1 I 76:872 87–794 232(d) 1994 93–618 127(d)(4) Amendment.
11 76:872 87–794 241 2072 93–618 602(d) Repeal.
11 76:872 87–794 242 2072 93–618 602(b)(5) Amendment.
11 76:872 87–794 242(a) 2072 93–618 602(b)(1) Amendment.
11 76:872 87–794 242(b)(2) 2072 93–618 602(b)(2), (3) Amendment.
11 76:872 87–794 242(b)(3) 2072 93–618 602(b)(4) Amendment.
11 76:872 87–794 243 2072 93–6)8 602(d) Repeal.
11 76:872 87–794 252–254 2072 93–618 602(d) Repeal.
11 76:872 87–794 255(a) 2072 93–618 602(d) Repeal.
11 76:872 87–794 256 2072 93–618 602(d) Repeal.
11 76:872 87–794 301(a)(1) 2072 93–618 602(d) Repeal.
It 76:872 87–794 301(a)(2) 2072 93–618 602(e) Repeal.
11 76:872 87–794 301(a)(3) 2072 93–618 602(e) Repeal.
11 76:872 87–794 301(b) 2072, 2013 93–618 602(d), 201 (f)(1), (2) Repeal; savings provision.
11 76:872 87–794 301(c) 2072 93–618 602(e) Repeal.
11 76:872 87–794 301(d)(1) 2072 93–6)8 602(d) Repeal.
11 76:872 87–794 301(d)(2) 2072 93–618 602(e) Repeal.
11 76:872 87–794 301(c) 2072 93–618 602(d) Repeal.
II 76:872 87–794 301(f)(1) 2072 93–618 602(e) Repeal.
11 76:872 87–794 301(f)(2) 2072 93–618 602(d) Repeal.
11 76:872 87–794 301(f)(3) 2072 93–618 602(e) Repeal.
11 76:872 87–794 301(8) 2072 93–618 602(d) Repeal.
11 76:872 87–794 302(a) 2072 93–618 602(d) Repeal.
11 76:872 87–794 302(b)(1) 2072 93–618 602(e) Repeal.
1 I 76:872 87–794 302(b)(2) 2072 93–618 602(e) Repeal.
11 76:872 1 87–794 302(c) 2072, 2035 93–618 602(e), 263 (c) Repeal; transition provision.
B43

AMENDMENTS AND REPEALS
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section Statutes vol.: page Public Law Section Comment
1962              
Oct.  11 76:872 87–794 302(d) 2072 93–618 602(e) Repeal.
11 76:872 87–794 302(e) 2072 93–618 602(e) Repeal.
11 76:872 87–794 311–315 2072 93–618 602(e) Repeal.
1 1 76:872 87–794 311 2035 93–618 263(c) Savings provision.
11 76:872 87–794 312(d) 2033 93–618 256(c) Transfer of funds
11 76:872 87–794 317(a) 2072 93–618 602(e) Repeal.
11 76:872 87–794 321–338 2072 93–618 602(e) Repeal.
11 76:872 87–794 351(c)(1)(B) 2072 93–618 602(c) Amendment.
11 76:872 87–794 351(c)(2) 2072 93–618 602(d) Repeal.
11 76:872 87–794 351(d)(3) 2072 93–618 602(d) Repeal.
11 76:872 87–794 361 2072 93–618 602(d) Repeal.
11 76:872 87–794 401–404 2072 93–618 602(d) Repeal.
11 76:872 87–794 405(1) 2072 93–618 602(d) Repeal.
11 76:872 87–794 405(3)(5) 2072 93–618 602(d) Repeal.
15 76:914 87–807 5(b) 827 93–405 8 Exception.
23 76:1 173 87–874 203 21. 22, 25, 38, 40, 41 93–251 30, 33, 47, 89, 95. 103 Project modification.
1963              
Oct.  31 77:282 88–164 101–145 283 93–324 101(b) Supplemental provision.
31 77:282 88–164 200–272 2238, 2248 93–641 3 Exception.
31 77:282 88–164 201 283 93–324 101(d) Supplemental provision.
  77:282 88–164 247 137 93–282 302 Repeal.
Nov.  4 77:301 88–168 3 1970 93–608 1(16) Repeal.
20 77:338 88–183 1–3 1212 93–435 5 Repeal.
Dec.  16 77:363 88–204 408(a) 164 93–288 602(g), 605 Amendment.
18 77:403 88–210 102(c) 606, 610 93–380 841(a)(1), (c) Subsec. (c) redesignated as (d), new (c) added.
18 77:403 88–210 102(d) 606,610 93–380 841(a)(1), (c) Former subsec. (c) redesignated as (d).
18 77:403 88–210 104(a) 612, 488 93–380 845(g), 2(c) (1) Amendment.
18 77:403 88–210 104(a)(1) (D) 606, 610 93–380 841(a)(2), (c) Amendment.
  77:403 88–210 104(a)(6) 1849 93–567 108 Addition.
18 77:403 88–210 104(b)(1) (A)(nii) 607, 610 93–380 841(a)(3), (c) Amendment.
  77:403 88–210 108(14) 607, 610 93–380 841(a)(4), (c) Addition,
18 77:403 88–210 108(15) 607, 610 93–380 841(a)(4), (c) Addition.
  7 7:403 88–210 122(a)(4)(C) 607, 610 93–380 841(a)(5) (A), (c) Addition.
18 77:403 88–210 189 607, 610 93–380 841(a)(6), (c) Former sec. 191 redesignated as 189.
18 77:403 88–210 191–197 607–610 93–380 841(a)(6), (7), (c) Addition Former sec. 191 redesignated as 189.)
1964              
July  2 78:241 88–352 407(a) 520 93–380 255 Applicability.
2 78:241 88–352 603 1129 93–415 262(b) Applicability.
2 78:241 88–352 603 2309, 2323 93–644 8(a), 10(b) Applicability.
2 78:241 88–352 705(e) 1972 93–608 3(1) Revision.
9 78:302 88–365 .......... 1573 93–503 110 Exception.
9 78:302 88–365 3(a)(1) 1566, 1567 93–503 102(1)–(3) Existing text designated as par. (1) and amended; cls. (1) redesignated as subpar, (A).
9 78:302 88–365 3(a)(1) 1572 93–503 104(b), 106 Amendment.
B44

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section Statutes vol.: page Public Law Section Comment
1964              
July  9 78:302 88–365 3(a)(l)(1) 1571 93–503 104(a) Part of existing text designated as cis. (1).
9 78:302 88–365 3(a)(l)(2) 1571 93–503 104(a) Addition.
9 78:302 88–365 3(a)(2) 1566, 1567 93–503 102(2), (4) Cis. (2) redesignated as subpar. (B); new cis. (2) added.
9 78:302 88–365 3(e)(4) 1571 93–503 103(a) Applicability.
9 78:302 88–365 3(f) 737 93–383 813(a) Addition,
9 78:302 88–365 3(f) 1573 93–503 109(b) Amendment.
9 78:302 88–365 3(g) 1572 93–503 109(a) Addition.
9 78:302 88–365 3(h) 1573 93–503 110 Addition.
9 78:302 88–365 4(a) 1571 93–503 103(b) Amendment.
9 78:302 88–365 4(c) 1566 93–503 101(a), (b) Amendment.
9 78:302 88–365 4(d) 1970 93–608 1(21) Amendment.
9 78:302 88–365 5 1567 93–503 103(a) Deletion; new sec. 5 added.
9 78:302 88–365 13(c) 1571 93–503 103(a) Applicability.
9 78:302 88–365 15 1573 93–503 111 Deletion; new sec. 15 added.
16 78:325 88–378 3 1744 93–551 .......... Amendment.
17 78:329 88–379 200(a) 1970 93–608 1(17) Designation “ (a) ” deleted.
17 78:329 88–379 200(b) 1970 93–608 1(17) Deletion.
Aug.  20 78:508 88–52 .......... 283, 284 93–324 101(b). (d) Supplemental provision.
20 78:508 88–452 .......... 389 93–355 3(a), (b), (d)(1)(C) Transfer of functions.
20 78:508 88–452 .......... 745 93–386 2(b) Amendment.
20 78:508 88–452 (titleII) 101–171 2292 93–644 4 Secs. 141–145 (prt. C, titleI), 171 (prt. F, titleI) revised and replaced by secs. 101–105 (titleII).
20 78:508 88–452 101 2292 93–644 3 Addition.
20 78:508 88–452 102 2292 93–644 3 Addition.
20 78:508 88–452 210(a) 2294 93–644 5(a)(1) Amendment.
20 78:508 88–452 210(f) 2294 93–644 5(a)(2) Repeal.
20 78:508 88–452 210(f) 2294 93–644 5(b) Addition.
20 78:508 88–452 222(a)(1) 2294 93–644 5(c)(1) Repeal.
20 78:508 88–452 222(a)(2) 2294 93–644 5(c)(2) Repeal.
20 78:508 88–452 222(a)(3) 390 93–355 3(d)(2) Repeal. effective date.
20 78:508 88–452 222(a)(6) 2294 93–644 5(c)(3) Repeal.
20 78:508 88–452 222(a)(8) 2294 93–644 5(c)(4) Repeal.
20 78:508 88–452 222(a)(9) 2294 93–644 5(c)(5) Repeal.
20 78:508 88–452 222(a)(12) 2294 93–644 5(d)(1) Addition.
20 78:508 88–452 222(a)(13) 2294 93–644 5(d)(1) Addition.
20 78:508 88–452 225(a) 2295 93–644 5(e)(1) Amendment.
20 78:508 88–452 225(c) 2296 93–644 5(e)(2) Amendment.
20 78:508 88–452 226(d) 2295 93–644 5(d)(2) Amendment.
20 78:508 88–452 228(c) 2295 93–644 5(d)(2) Amendment.
20 78:508 88–452 235–237 2296 93–644 5(f) Addition.
20 78:508 88–152 242 2297 93–644 5(f) Nonapplicability.
20 78:508 88–152 245 2329 93–644 14(a) Amendment.
20 78:508 88–452 312(b)(3) 2298 93–644 6(a) Amendment.
20 78:508 88–452 315 2298 93–644 6(b) Addition.
20 78:508 88–452 321 2329 93–644 14(a) Amendment.
20 78:508 88–152 401–408 745 93–386 2(b) Repeal.
20 78:508 88–452 401–108 2298 93–644 7 Secs. 401–408 revised and replaced by 401, 402 (titlelV).
20 78:508 88–452 501–505 2300 93–644 8(a) Secs. 501–505 and designation “Part A” deleted; new 501–503 added.
B45

AMENDMENTS AND REPEALS
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section Statutes vol.: page Public Law Section Comment
1964              
Aug.  20 78:508 88–52 511–525 2300, 2310 93–644 8(a), (c) Secs. 521–523 (prt. B) redesignated as 581–583 (prt. D); new 511–525 (prt. A) added.
20 78:508 88–452 522 2310 93–644 8(b) Former sec. 522 amended.
20 78:508 88–452 522(d) 2310 93–644 8(b) Former sec. 522(d) amended.
20 78:508 88–452 522(d) 2349 93–647 3(f) Exception.
20 78:508 88–452 523 2310 93–644 8(b) Former sec. 523 amended.
20 78:508 88–452 551–554 2300 93–644 8(a) Addition (prt. 13).
20 78:508 88–452 571–577 2300 93–644 8(a) Addition (prt. C).
20 78:508 88–452 581–583 2300 93–644 8(c) Former secs. 521–523 (prt. B) redesignated as 581–583 (prt, D).
20 78:508 88–152 583 2329 93–644 14(b) Redesignated sec. 583 amended.
20 78:508 88–452 60) 2310 93–644 9(a) Revision.
20 78:508 88–152 602(d) 2314 93–644 9(c)(1) Amendment.
20 78:508 88–452 603 2323 93–644 10(a) Applicability.
20 78:508 88–452 603(c) 2314 93–644 9(c)(2) Amendment.
20 78:508 88–452 605(a) 2314 93–644 9(c)(3) Amendment.
20 78:508 88–452 609 2314 93–644 9(d)(6) Repeal.
20 78:508 88–452 610–l(b) 1970 93–608 1(23) Deletion; subsec. (c) redesignated as (d).
20 78:508 88–452 610–l(c) 1970 93–608 1(23) Redesignated as subsec. (b).
20 78:508 88–452 615 2329 93–644 14(a) Amendment.
20 78:508 88–452 625 2314 93–644 9(d) Revision.
20 78:508 88–452 626 390 93–355 3(f) Addition.
20 78:508 88–452 626 2314 93–644 9(e) Addition (relating to criminal provisions).
20 78:508 88–452 627 2314 93–644 9(e) Addition.
20 78:508 88–452 632(2) 2314 93–644 9(C)(4) Amendment.
20 78:508 88–452 637(b)(2) 2314 93–644 9(c)(5) Amendment.
20 78:508 88–452 701–748 2315 93–644 10(a) Revision (sec. 701 relating to community economic development).
20 78:508 88–452 801–814 2323 93–644 1 1 Addition.
20 78:508 88–452 901–905 2327 93–644 12 Revised and replaced by new secs. 901–903.
20 78:508 88–452 1001–1014 378 93–355 2 Addition.
30 78:700 88–521 1(a) 1959 93–604 101 Revision.
3 [ 78:703 88–525 3(e) 291 93–335 1(b), (c) Effective date of 1973 interim amendment, extension.
31 78:703 88–525 3(e) 291 93–335 1(b), (c) Effective date of 1973 amendment, temporary suspension, extension.
31 78:703 88–525 10(e) 341 93–347 1 Exception.
31 78:703 88–525 15(a) 341 93–347 2 Revision.
31 78:703 88–525 15(b) 341 93–347 2 Revision.
31 78:767 88–558 3(a)(1) 1381 93–455 1(a), 2 Amendment.
31 78:767 88–558 3(b)(1) 1381 93–155 1(b), 2 Revision.
Sept.  2 78:769 88–560 312(a)(1) (D) 652 93–383 116(e)(2) Addition.
2 78:769 88–560 312(h) 652 93–383 116(e)(1) (A), (B) Amendment.
2 78:769 88–560 801(b) 691 93–383 402(a) Revision.
2 78:769 88–560 802(a) 691 93–383 402(b) Revision.
B46

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section Statutes vol.: page Public Law Section Comment
1964              
Sept.  2 78:769 88–560 804–808 692 93–383 402(c)(1), (2) Secs. 804–807 redesignated as 805–808; new 804 added.
2 78:769 88–560 807 692 93–383 402(d) Redesignated sec. 807 amended.
3 78:897 88–578 4 192 93–303 1(a) Heading revised.
3 78:897 88–578 4 1420 93–466 1(2) Applicability.
3 78:897 88–578 4(a) 192 93–303 1(b) Amendment.
3 78:897 88–578 4(a)(1) 192 93–303 1(c) Revision.
3 78:897 88–578 4(a)(2) 193 93–303 1(d) Amendment.
3 78:897 88–578 4(a)(4) 193 93–303 1(e) Amendment.
3 78:897 88–578 4(b) 193 93–303 1(O Amendment.
3 78:897 88–578 4(b)(1) 193 93–303 1(g) Deletion.
3 78:897 88–578 4(b)(2) 193 93–303 1(g) par. (2) redesignated as subsec. (c).
3 78:897 88–578 4(c)–(h) 193 93–303 1(g) Former par. (b)(2) redesignated as subsec. (c); subsecs. (c)–(g) redesignated as (d)–(h).
3 78:897 88–578 4(d) 193 93–303 1(h) Amendment.
3 78:897 88–578 4(e) 193 93–303 1(0 Amendment.
3 78:897 88–578 4(0 194 93–303 1(j) Amendment.
3 78:897 88–578 6(e)(1) 194 93–303 2 Amendment.
3 78:897 88–578 7(a)(1) 1733 93–535 6 Exception.
3 78:897 88–578 9 194 93–303 3 Amendment.
7 78:920 88–582 2(b) 1656 93–518 11(d) Amendment.
7 78:920 88–582 3 1652 93–518 2 Amendment.
7 78:920 88–582 3(b) 1652 93–5 18 2 Amendments.
7 78:920 88–582 3(d) 1653 93–518 3 Revision.
7 78:920 88–582 4(c) 1653 93–518 4 Addition.
7 78:920 88–582 4(d) 1653 93–518 4 Addition.
7 78:920 88–582 5(a)(2) 1654 93–518 6 Amendment.
7 78:920 88–582 5(a)(4) 1653 93–518 5 Addition.
7 78:920 88–582 5(a)(5) 1653 93–518 5 Addition.
7 78:920 88–582 5(b)(6) 1655 93–518 7(5) Amendment.
7 78:920 88–582 5(b)(7) 1654 93–518 7(4) Amendment.
7 78:920 88–582 5(b)(11) 1654 93–5 18 7(1)–(3) Addition.
7 78:920 88–582 5(b)(12) 1654 93–518 7(1)–(3) Addition.
7 78:920 88–582 5(d) 1655 93–518 8 Addition.
7 78:920 88–582 6(a) 1655 93–518 9 Amendment.
7 78:920 88–582 6(b)(6)–(8) 1655 93–5 18 10 Addition.
7 78:920 88–582 6(e) 1656 93–518 11(b), (c) Amendment.
7 78:920 88–582 6(f)–(h) 1655 93–518 U(a) Addition.
7 78:920 88–582 7 1656 93–518 12 Amendment.
7 78:920 88–582 9(a)–(c) 1656 93–5 18 13 Existing text designated as (a) and amended; subsecs, (b), (c) added.
7 78:920 88–582 12–17 1657 93–518 14 Secs. 12–14 redesignated as 15–17; new 12–14 added.
7 78:920 88–582 17 1659 93–518 16 Amendment.
7 78:920 88–582 18 1658 93–518 15 Addition.
7 78:920 88–582 19 1658 93–518 15 Addition.
18 78:957 88–601 1 1447 93–477 301(6) Amendment.
18 78:957 88–601 3 1445 93–477 101(8) Amendment.
Oct.  8 78:1039 88–639 10 1445 93–477 101(12) Amendment.
1965              
Mar.  9 79:5 89–4 208(f) 1711 93–529 .......... Authority rescission.
Apr.  11 79:27 89–10 .......... .......... .......... .......... (For title 1, see 1950, PL. 874.)
11 79:27 89–10 201–207 284 93–324 101(d) Supplemental provision.
B47

AMENDMENTS AND REPEALS
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section Statutes vol.: page Public Law Section Comment
1965              
Apr.  11 79:27 89–10 201(b) 501, 502, 488 93–380 102(a), (c), 2(c)(2) Amendment.
11 79:27 89–10 202(a)(1) 502, 488 93–380 102(b), (c), 2(c)(2) Amendment.
11 79:27 89–10 202(a)(1) 611, 612 93–380 843(a)(1), (3), (e) Amendment.
11 79:27 89–10 202(a)(2) 611, 612 93–380 843(a)(2), (e) Amendment.
11 79:27 89–10 207 594 93–380 714(d) Applicability.
11 79:27 89–10 301–309 284 93–324 101(d) Supplemental provision.
11 79:27 89–10 301(b) 502, 488 93–380 103(a)(1), (2), (e), z(c) (2) Amendment.
11 79:27 89–10 302(a)(1) 502, 488 93–380 103(b), (e), 2(c) (2) Amendment.
11 79:27 89–10 302(a)(1) 611, 612 93–380 843(a)( I ), (3), (e) Amendment.
11 79:27 89–10 302(a)(2) 611, 612 93–380 843(a)(2), (e) Amendment.
II 79:27 89–10 305(c) 502, 488 93–380 103(c), (e), 2(c)(2) Amendment.
11 79:27 89–10 305(d) 546 93–380 402(c)(2)(i) Deletion.
11 79:27 89–10 306 546 93–380 4O2(c)(2)(ii) Deletion.
11 79:27 89–10 307(b) 611, 612 93–380 843(a)(2), (e) Amendment.
11 79:27 89–10 307(c) 546 93–380 402(c)(2) (iii) Deletion.
11 79:27 89–10 307(g) 502, 488 93–380 103(d), (e), 2(c)(2) Addition.
11 79:27 89–10 309(c) 612, 488 93–380 845(b), 2(c) (1) Amendment.
11 79:27 89–10 401–432 535, 556 93–380 401, 410 Revision (title iv).
11 79:27 89–10 501–552 284 93–324 101(d) Supplemental provision.
11 79:27 89–10 501(b) 503, 488 93–380 104(a), (d), 2(c)(2) Amendment.
11 79:27 89–10 502(a)(1) 611, 612 93–380 843(a)(2), (3), (e) Amendment.
11 79:27 89–10 521(b) 503, 488 93–380 104(b). (d), 2(c)(2) Amendment,
u 79:27 89–10 522(a) 611, 612 93–380 843(a)(2), (3), (e) Amendment.
11 79:27 89–10 531(b) 503, 488 93–380 104)c), (d), 2(c)(2) Amendment.
11 79:27 89–10 531(c)(1) (A) 611, 612 93–380 843(a)(2), (3). (e) Amendment.
11 79:27 89–10 531(c)(1)(B) 611, 612 93–380 843(a)(2), (O Amendment.
11 79:27 89–10 701–742 503–512 93–380 105(a)(1), (2)(A) Revision; effective date.
11 79:27 89–10 701–709 283 93–324 101(b) Supplemental provision.
11 79:27 89–10 703(a)(8) 512, 488 93–380 105(b), (a) (2)(A), 2(c) (1) Addition,
11 79:27 89–10 708(a) 612, 488 93–380 845(c), 2(c) (I) Amendment.
11 79:27 89–10 801–811 284 93–324 101(d) Supplemental provision.
11 79:27 89–10 804 512, 488 93–380 106, 2(c)(1) Addition.
11 79:27 89–10 807(c) 512, 513, 488 93–380 107(a), (b), 2(c)(2) Amendment.
  79:27 89–10 808(d) 513, 488 93–380 108(a), (b), 2(c)(2) Amendment.
11 79:27 89–10 809 546 93–380 402(c)(3) Repeal.
11 79:27 89–10 809(c) 513 93–380 109(a), (b) Addition.
B48

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section Statutes vol.: page Public Law Section Comment
1965              
Apr.  11 79:27 89–10 810(f) 586, 587 93–380 632(a), (d) Amendment.
11 79:27 89–10 810(g) 585, 488 93–380 631(a), (c), 2(c)(2) Amendment.
11 79:27 89–10 811(a) 553, 556 93–380 407(a)(1), 410 Revision.
11 79:27 89–10 811(b)(1) (C)(ii) 553, 556 93–380 407(a)(2), 410 Amendment.
  79:2/ sy–iu 811(d) 553, 488   407(a)(3), (b), 2(c)(2) Revision.
11 79:27 89–10 812 513, 488 93–380 110, 2(c)(1) Addition.
11 79:27 89–10 901–907 284 93–324 101(d) Supplemental provision.
11 79:27 89–10 903(1) 513, 514, 488 93–380 111(b)(1), (3), 2(c)(1) Amendment.
  79:27 89–10 903(2) 513, 514, 488 93–380 111(b)(2), (4), 2(c)(1) Amendment
11 79:27 89–10 907 513, 488 93–380 111(a)(1), (2). 2(c)(2) Amendment.
July  9 79:213 89–72 2(a) 33 93–251 77(a)(1), (b) Amendment.
9 79:213 89–72 2(a)(3) 33 93–251 77(a)(2), (b) Amendment.
9 79:213 89–72 3(b)(1) 33 93–251 77(a)(3), (b) Amendment.
14 79:218 89–73 201(a) 357 93–351 2(a) Amendment.
14 79:218 89–73 201(b) 357 93–351 4 Subsec. (b) redesignated as (c); new (b) added.
14 79:218 89–73 201(c) 357 93–351 4 Former subsec. (b) redesignated as (c).
14 79:218 89–73 309 357 93–351 3 Addition.
14 79:218 89–73 701–710 283 93–324 101(b) Supplemental provision.
14 79:218 89–73 707(d) 358 93–351 5 Addition.
14 79:218 89–73 707(e) 358 93–351 5 Addition.
14 79:218 89–73 708 357 93–351 1 Amendment.
27 79:265 89–90 101 390 93–356 2 Amendment.
Aug.  26 79:552 89–136 102 1 158 93–423 2 Revision.
26 79:552 89–136 105 1158 93–423 1 Amendments.
26 79:552 89–136 201(c) 1158 93–423 4(a) Amendment.
26 79:552 89–136 202(a) 1158 93–423 4(b)(1) Revision.
26 79:552 89–136 202(b)(7) 1 159 93–123 4(b)(2) Amendment.
26 79:552 89–136 202(b)(9) 1159 93–423 4(b)(3) Amendment.
26 79:552 89–136 302 1159 93–123 5(a), (b) Sec. 302 redesignated as 303; new 302 added.
26 79:552 89–136 303 1159 93–423 5(a) Former sec. 302 redesignated as 303.
26 79:552 89–136 303(a) 1160 93–423 5(c) Existing text designated as subsec. (a) and amended.
26 79:552 89–136 303(b) 1160 93–123 5(c) Addition.
26 79:552 89–136 304 1160 93–423 5(d) Add it ion.
26 79:552 89–136 401(a)(3) 1161 93–423 6 Amendment.
26 79:552 89–136 401(a)(8) 1 158 93–123 3(a)(1), (2) Addition.
26 79:552 89–136 403(i) 1161 93–423 7(b) Addition.
26 79:552 89–136 403(a)(1)(B) 1 161 93–423 7(a) Amendment.
26 79:552 89–136 403(g) 1 161 93–423 7(c) Amendment.
26 79:552 89–136 403(1) 1 161 93–423 7(b) Addition.
26 79:552 89–136 404 1)62 93–423 8 Addition (Prt.C)
26 79:552 89–136 503(a)(7) 1162 93–423 9(a) Amendment.
26 79:552 89–136 505(a)(2) 1162 93–423 9(b) Amendment.
26 79:552 89–136 509(d) 1162 93–423 9(c) Amendment.
26 79:552 89–136 511 1162 93–423 9(d) Revision.
26 79:552 89–136 514 1 162 93–423 11 Addition.
26 79:552 89–136 712 1855 93–567 302 Amendment.
26 79:552 89–136 801–806 160, 164 93–288 501,605 Addition (title viii).
B49

AMENDMENTS AND REPEALS
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section Statutes vol.: page Public Law Section Comment
1965              
Aug.  26 79:552 89–136 901–905 1164 93–423 12 Addition (title ix)
26 79:552 89–136 1001–1008 1853 93–567 301 Addition (title x).
28 79:581 89–142   1873 93–573 104 Copyright terms, extension.
Sept.  9 79:667 89–174 4(a) 740 93–383 818(a)(1) Amendment.
9 79:667 89–174 4(b)–(d) 740 93–383 816(a)(2), (3) Subsec. (b) deleted; (c), (d) redesignated as (b), (c).
30 79:893 89–220 13 1531 93–496 13 Addition.
Oct.  1 79:901 89–230 .......... 238 93–312 8(a), (b) Amendment.
20 79–992 89–272 216(a)(2) 1974 93–611 .......... Amendment.
27 79:1073 89–298 201 .......... 93–251 15, 67 Project modification
27 79:1073 89–298 204 26, 32, 33, 39, 41 93–251 53, 72, 78, 92(a). 101 Project modification.
30 79:1 125 89–304 1(c) 398 93–362 3(a) Amendment.
30 79:1125 89–304 2(3) 398 93–362 1 Amendment.
30 79:1125 89–304 4(a) 398 93–362 2. 3(b) Amendment.
Nov.  8 79:1219 89–329 .......... 203 93–305 .......... Exception.
8 79:1219 89–329 111 603, 488 93–380 831, 2(C)(1) Amendment.
8 79:1219 89–329 302(a)(2) 603, 488 93–380 832, 2(c)(1) Amendment.
8 79:1219 89–329 4l7B(b)(3) (i) 603, 604 93–380 833(a)( I), (b) Part of existing text designated as subcl. (i).
8 79:1219 89–329 41713(b)(3) (ii) 603, 604 93–380 833(a)(1), (b) Addition.
8 79:1219 89–329 4l7B(d) 604 93–380 833(a)(2), (b) Addition.
8 79:1219 89–329 420(a)(1) 604, 605 93–380 834(a)(1), (b) Revision.
8 79:1219 89–329 420(a)(2) 604, 605 93–380 834(a)(2), (b) Amendment.
8 79:1219 89–329 420(d)(1) 604, 605 93–380 834(a)(3), (b) Existing text designated as par. ( 1 ).
8 79:1219 89–329 420(d)(2) 604, 605 93–380 834(a)(3), (b) Addition.
8 79:1219 89–329 420(e) 604, 605 93–380 834(a)(4), (b) Amendment.
8 79:1219 89–329 428(a)(1)– (6) 87, 89 93–269 2, 6 Pars. (2)–(5) redesignated as (3)–(6); (I) deleted; new (1), (2) added.
8 79:1219 89–329 428(a)(7) 89 93–269 3 Addition,
8 79:1219 89–329 428(b)(1) (H) 89 93–269 4 Revision.
8 79:1219 89–329 432(b)(2) 1964 93–604 705(a) Revision.
8 79:1219 89–329 511 605 93–380 835(a)(1) (A), (b) Amendment.
8 79:1219 89–329 511(5) 605 93–380 835(a)(1) (B)–(D), (b) Addition.
8 79:1219 89–329 513(a)(1) 605 93–380 835(a)(2), (b) Amendment.
8 79:1219 89–329 513(c)(2) 605 93–380 835(a)(3) (A)–(C), (b) Amendment.
8 79:1219 89–329 514(a)(2) 605 93–380 835(a)(4), (b) Revision.
8 79:1219 89–329 961–963 296 93–343 3 Exception.
8 79:1219 89–329 962 606 93–380 836(a) Exception.
8 79:1219 89–329 963 606 93–380 836(a) Exception.
8 79:1219 89–329 966 605, 606 93–380 836(a), (b) Addition.
8 79:1219 89–329 1001(b)(1) 606, 488 93–380 837, 2(c)(1) Amendment.
1966              
Mar.  10 80:33 89–366 1 1448 93–477 406(1) Amendment.
10 80:33 89–366 2(a) 1448 93–477 406(2) Amendment.
10 80:33 89–366 3 1448 93–477 406(3) Amendment.
10 80:33 89–366 7 1448 93–477 406(2) Applicability.
B50

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section Statutes vol.: page Public Law Section Comment
1966              
Mar.  10 80:33 89–366 7 1449 93–477 406(4) Revision.
10 80:33 89–366 8 1449 93–477 406(5) Addition.
15 80:36 89–367 401(a)(1) 405 93–365 701(a) Revision.
15 80:36 89–367 401(a)(2) 405 93–365 701(b) Amendment.
15 80:36 89–367 401(b)–(c) 405 93–365 701(c) Deletion; new subsecs. (b)–(e) added.
16 80:71 89–369 20 1735 93–537 .......... Addition.
16 80:71 89–369 21 1735 93–537 .......... Addition.
May  21 80:162 89–428 101(b)(3) 118 93–276 107(a) Amendment.
June  17 80:203 89–454 305(e) 1974 93–612 1(1) Amendment.
17 80:203 89–454 306(b) .......... 93–612 1(2) Amendment.
17 80:203 89–454 315(a)(1) 1974 93–612 1(3)(A) Revision.
17 80:203 89–454 315(a)(3) 1974 93–612 1(3)(B) Amendment.
Sept.  9 80:718 89–563 102–123 1477, 1484 93–492 102(b)(1), (c), 111 Designation as prt A.
9 80:718 89–563 102(10) 1484 93–492 110(a), 111 Revision.
9 80:718 89–563 102(14) 1484 93–492 201 Addition.
9 80:718 89–563 102(15) 1484 93–492 201 Addition.
9 80:718 89–563 103(1) 1484 93–492 202 Addition.
9 80:718 89–563 104 1482 93–492 107(b) Repeal; effective date.
9 80:7)8 89–563 104(a)(1) 1481, 1484 93–492 107(a), 111 Existing text designated as par. (1).
9 80:718 89–563 104(a)(2) 1481, 1484 93–492 107(a), 111 Addition.
9 80:718 89–563 108(a)( i )– 1477, 93–492 103(a)(1) Pars. (l)–(4)
      (4) 1484   (A), 111 redesignated as subpars. (A)–(D); par (1) designation added.
9 80:718 89–563 108(a)(1) 1477, 93–492 103(a)(1) Former pars. (1)–(4)
      (A)–(D) 1484   (A). 111 redesignated as subpars. (A)–(D); par. (1) designation added.
9 80:718 89–563 108(a)(1)(B) 1478, 1484 93–492 103(a)(2) (A), 111 Amendment.
9 80:718 89–563 108(a)(1) (D) 1478, 1484 93–492 103(a)(3), 111 Revision.
9 80:718 89–563 108(a)(1)(E) 1478, 1484 93–492 103(a)(2) (B), 111 Addition.
9 80:718 89–563 108(a)(1)(F) 1485 93–492 203 Addition.
9 80:718 89–563 108(a)(2) (A)–(D) 1477, 1484 93–492 103(a)(1) (A), 111 Addition.
9 80:718 89–563 108(b)(1)– (3) 1478, 1484 93–492 103(a)(1) (B), 111 Amendment.
9 80:718 89–563 108(b)(5) 1478, 1484 93–492 103(a)(1) (B), 111 Amendment.
9 80:718 89–563 109(a) 1478, 1484 93–492 103(b), 111 Amendment.
9 80:718 89–563 110(a) 1478, 1484 93–492 103(c)(1). (2), 111 Amendments.
9 80:718 89–563 110(c) 1477, 1484 93–492 102(b)(2), (c). 111 Amendment.
9 80:718 89–563 112(a)–(c) 1478, 1484 93–492 104(a), 111 Revision.
9 80:718 89–563 112(e) 1480, 1484 93–492 104(b), 111 Amendment.
9 80:718 89–563 113 1470, 1477, 1480, 1484 93–492 102(a), (c), 105. 111 Deletion; new sec. 113 added; savings provision.
9 80:718 89–563 120(a) 1484 93–492 110(b), 111 Amendment
9 80:718 89–563 121 1470, 1484 93–492 101, 111 Revision.
9 80:718 89–563 124 1481, 1484 93–492 106, 111 Addition.
9 80:718 89–563 125 1482 93–492 109 Addition.
B51

AMENDMENTS AND REPEALS
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section Statutes vol.: page Public Law Section Comment
1966              
Sept.  9 80:718 89–563 151–160 1470, 1484 93–492 102(a), (c), 111 Addition (prt. B).
9 80:718 89–563 158(a)(2)(B) 1471 93–492 102(a) Applicability.
9 80:718 89–563 204(a) 1484 93–492 I 10(c), 111 Revision.
12 80:739 89–568 612 1763 93–552 607 Amendment.
21 80:823 89–597 7 1505 93–495 107 Amendment. (See also 1913, P.L. 43, sec. 19(j); 1932, P.L. 304, sec. 5B; 1950, P.L. 797, sec. 2. “Sec. 18(g). ” )
26 80:847 89–605 3 1968 93–608 1(10) Amendment.
Oct.  11 80:885 89–642 3 341 93–347 3(a), (b) Amendment.
  80:885 89–642 5(a) 287 93–326 5 Amendment.
11 80:885 89–642 17(b) 287 93–326 6 Amendment.
15 80:926 89–669 4(d)(1) 1603 93–509 2(1), (2) Existing text designated as par. (1); former pars. (1), (2) redesignated as subpars. (A), (B).
15 80:926 89–669 4(d)(1)(A) 1603 93–509 2(1) Former par. ( 1 ) redesignated as subpar. (A).
15 80:926 89–669 4(d)(1)(B) 1603 93–509 2(1) Former par. (2) redesignated as subpar. (B).
15 80:926 89–669 4(d)(2) 1603 93–509 2(1)–(3). 3 Addition; former par. (2) redesignated as subpar. (B) of par. (1); applicability.
15 80:931 89–670 3(b) 1533 93–496 16(a) Amendment.
15 80:931 89–670 4(c) 2173 93–633 308(2) Amendments.
15 80:931 89–670 4(d) 2173 93–633 308(3) Amendment.
15 80:931 89–670 4(h) 1533 93–496 15 Addition.
15 80:931 89–670 4(c) 1528, 1533 93–496 15 Addition.
15 80:931 89–670 5 2173 93–633 308(1) Deletion.
15 80:931 89–670 6(c)(1) 2163 93–633 113(d), 114 Amendment.
15 80:931 89–670 6(f)(3)(A) 2163 93–633 113(e)(1), 114 Amendment.
15 80:931 89–670 6(f)(3)(B) 2163 93–633 113(e)(2), 114 Amendment.
15 80:931 89–670 9(p)(1) 1533 93–496 16(b) Amendment.
15 80:953 89–674 2(a)(4) 339 93–345 1 Amendment.
15 80:953 89–674 2(b) 339 93–345 2 Revision.
Nov.  3 80:1191 89–750 301–314 283 93–324 101(d) Supplemental provision.
3 80:1191 89–750 3O3(e)–(j) 576, 579 93–380 601(1), (2), 609(a) Suhsecs. (e)–(i) redesignated as (f)–(i); new (e) added.
3 80:1191 89–750 303(f) 611, 612 93–380 843(c)(1), (e) Amendment.
3 80:1191 89–750 304(a) 576, 579 93–380 602( I ), 609 (a) Deletion.
3 80:1191 89–750 304(b) 576, 579 93–380 602(2), 609 (a) Designation “(b) ” deleted; amendment.
3 80:1191 89–750 305(a) 611, 612 93–380 843(c)(2), (3), (e) Amendment.
3 80:1191 89–750 306(a)(1) 576, 579 93–380 603(b), 609 (a)(2), (b) Amendment.
3 80:1191 89–750 306(a)(6)– (11) 576, 579 93–380 603(a), 609 (a)(2), (b) Cls. (6)–(9) redesignated as (8)–(11); new (6), (7) added.
3 80:1191 89–750 306(a)(11) 578, 579, 488 93–380 607(a), 609 (a)(2), 2(c) (2) Cls. (11) redesignated as (12); new (11) added.
B52

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section Statutes vol.: page Public Law Section Comment
1966              
Nov.  3 80:1191 89–750 306(a)(12) 578, 579, 488 93–380 607(a), 609 (a)(2), 2(c) (2) Former cis. ( U) redesignated as (12).
3 80:1191 89–750 309 577, 579 93–380 604, 609(a), (b) Revision.
3 80:1191 89–750 309(b)(1) 578. 579, 488 93–380 607(b)(1), 609(a)(2), 2 (c)(2) Amendment.
3 80:1191 89–750 309(b)(2) 579, 488 93–380 607(b)(2), 609(a)(2), 2 (c)(2) Amendment.
3 80:1191 89–750 309A 577, 579 93–380 605, 609(a) Addition.
3 80:1191 89–750 310(b) 612, 488 93–380 845(f), 2(c) (I) Amendment.
3 80:1191 89–750 310A 577, 579 93–380 606, 609(a) Addition.
3 80:1191 89–750 311(b) 579, 488 93–380 607(b)(3), 609(a)(2), 2 (c)(2) Amendment.
3 80:1191 89–750 313(a) 579, 488 93–380 608(a)(1)– (3), 609(a) (1), 2(c)(2) Amendment.
3 80:1191 89–750 314(d) 579, 488 93–380 608(b), 609 (a)(1), 2(c) (2) Amendment.
3 80:1255 89–754 103(a)(4)– (6) 1572 93–503 105(1), (2) Pars. (4), (5) redesignated as (5), (6); new (4) added.
3 80:1255 89–754 111(b) 652 93–383 1 16(d)(1) Amendment.
3 80:1255 89–754 111(c) 652 93–383 1 16(d)(2) Amendment.
3 80:1296 89–755 8 1972 93–608 3(2) Revision.
5 80:1309 89–761 10 1445 93–477 101(6) Amendment.
7 80:1405 89–789 105 42 93–251 106 Exception.
7 80:1405 89–789 203 26, 32 93–251 52, 74 Project modification.
7 80:1405 89–789 207 14 93–251 3(a) Amendment.
7 80:1405 89–789 209 33 93–251 76 Amendment.
1967              
July  28 81:127 90–57 105(d)(1) (A) 430 93–371 6 Revision.
28 81:127 90–57 105(e)(1) 52 93–255 1(1) Amendment.
28 81:127 90–57 105(e)(2) (A) 52 93–255 1(2) Amendment.
28 81:127 90–57 105(e)(2)(B) 52 93–255 1(3) Amendment.
Oct.  21 81:279 90–110 610(a) 1758 93–552 506 Exception.
Nov.  16 81:464 90–141 .......... 1873 93–573 104 Copyright terms, extension.
21 81:485 90–148 2, “Sec. 104 (c) ” 265 93–319 13(a) Amendment.
21 81:485 90–148 2, “Sec. 110 (a)(3)(A) ” 256 93–319 4(a) Existing text designated as cis. (A).
21 81:485 90–148 2, “Sec. 110 (a)(3)(B) ” 256 93–319 4(a) Addition.
21 81:485 90–148 2, “Sec. 110 (C)(1)–(3) ” 257 93–319 4(b) Existing text designated as par. (1); former pars. (l)–(3) redesignated as subpars. (A)–(C)
21 81:485 90–148 2, “Sec. 110 (c)(1)(A)– (C) ” 257 93–319 4(b) Former pars. (1)–(3) redesignated as subpars. (A)–(C).
21 8 1:485 90–148 2, “Sec. 110 (c)(2) ” 257 93–319 4(b) Addition.
21 81:485 90–148 2, “Sec. 113 (a)(3) ” 259 93–319 6(a)(1) Amendment.
21 81:485 90–148 2, “Sec. 113 (b)(3) ” 259 93–319 6(a)(2) Amendment.
B53

AMENDMENTS AND REPEALS
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section Statutes vol.: page Public Law Section Comment
1967              
Nov.  21 81:485 90–148 2, “Sec. 113 (c)(1)(C) ” 259 93–319 6(a)(3) Amendment.
21 81:485 90–148 2, “Sec. 114 (a) ” 259 93–319 6(a)(4) Amendment.
21 81:485 90–148 2, “Sec. 116” 259 93–319 6(b) Amendment.
21 81:485 90–148 2, “Sec. 119” 248 93–319 3 Addition.
21 81:485 90–148 2, “Sec. 202 (b)(1)(A) ” 258 93–319 5(a) Amendment.
21 81:485 90–148 2, “Sec. 202 (b)(1)(B) ” 258 93–319 5(b) Amendment.
21 8 1:485 90–148 2, “Sec. 202 (b)(5)(A) ” 258 93–319 5(c) Revision.
21 8 1:485 90–148 2, “Sec. 202 (b)(5)(B)– (E) ” 259 93–319 5(d) Subpar. (B) repealed; (C)–(E) redesignated as (B)–(D).
21 81:485 90–148 2, “Sec. 212 (i) ” 265 93–319 13(b) Amendment.
21 81:485 90–148 2. “Sec. 213” 261 93–319 10 Sec. 213 redesignated as 214; new 213 added.
21 81:485 90–148 2. “Sec. 214” 261 93–319 10 Former sec. 213 redesignated as 214.
21 81:485 90–148 2, “Sec. 304 (a)(2) ” 249 93–319 3 Nonapplicability.
21 81:485 90–148 2, “Sec. 307 (b) ” 249 93–319 3 Nonapplicability.
21 81:485 90–148 2. “Sec. 307 (b) ” 259 93–319 6(c)(t); (2) Amendment.
21 81:485 90–148 2, “Sec. 307 (c) ” 249 93–319 3 Nonapplicability.
21 81:485 90–148 2, “Sec. 316” 265 93–319 13(c) Amendment,
Dec.  15 81:602 90–202 11(b) 74, 76 93–259 28(a)(1), (2), 29(a) Amendment.
15 81:602 90–202 11(c) 74, 76 93–259 28(a)(3), 29 (a) Amendment.
15 81:602 90–202 11(f) 74. 76 93–259 28(a)(4), 29 (a) Revision.
15 81:602 90–202 15–17 74, 76 93–259 28 (b)(1), (2), 29(a) Secs. 15. 16 redesignated as 16, 17; new 15 added.
15 81:602 90–202 16 74, 76 93–259 28(a)(5), 29 (a) Amendment.
16 81:649 90–207 8 1153 93–419 8, 9 Repeal.
23 81:672 90–222 301 2330 93–644 16(b) Repeal.
1968              
Jan.  2 81:783 90–247 400–448 561 93–380 505(a)(1) Applicability.
2 81:783 90–247 400 561, 562 93–380 505(a)(1). (b) Revision.
2 81:783 90–247 401 561 93–380 504(a). (b) Revision.
2 81:783 90–247 402(b) 560 93–380 502(a)(2) (A), (b) Amendment.
2 81:783 90–247 403 560, 561 93–380 503(a), (b) Revision.
2 81:783 90–247 405(b)(1) 511, 548, 599 93–380 105(a)(1). 404(f), 821 (a) Exception.
2 81:783 90–247 405(d)(1) 560 93–380 502(a)(2) (B)(1), (b) Amendment.
2 81:783 90–247 405(f) 560 93–380 501(a)(2)(b) (II), (b) Deletion.
2 81:783 90–247 406 556, 558 93–380 501(a), (b) (1) Addition.
2 81:783 90–247 407 559, 560 93–380 502(a)(1), (b) Addition.
2 81:783 90–247 408 559, 560 93–380 502(a)(1), (b) Addition.
B54

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section Statutes vol.: page Public Law Section Comment
1968              
Jan.  2 81:783 90–247 411–415 562 93–380 506(a)(1) (A) Designation as subprt. 1 (Prt. B).
2 81:783 90–247 411–415 562, 563, 565 93–380 506(a)(1) (B)–(D), (2) (A), (B), (b) Secs. 411, 413 deleted; 412, 414, 415 redesignated as 41J, 412, 413; new 414 added.
2 81:783 90–247 412(b) 562, 565 93–380 506(a)(1) (E), (b) Deletion; new subsec. (b) added.
2 81:783 90–247 412(c) 562, 565 93–380 506(a)(1) (E), (b) Addition.
2 81:783 90–247 416–419 563–565 93–380 506(a)(3) (A). (C). (b) Sec. 417 redesignated as 419; 416–418 added (subprt. 2).
2 81:783 90–247 4)9 563, 565 93–380 506(a)(3) (B), (b) Amendment.
2 81:783 90–247 420 519, 488 93–380 252, 2(c)(1) Addition.
2 81:783 90–247 421 565 93–380 507(a), (b) Sec. 421 redesignated as 421 A; new 42) added.
2 81:783 90–247 421A 565 93–380 507(a), (b) Former sec. 421 redesignated as 421A.
2 81:783 90–247 424–29 565, 566 93–380 508(a), (b) Secs. 424–427 redesignated as 426–429; new 424, 425 added.
2 81:783 90–247 427 558, 488 93–380 501(b)(2), (3)(B). 2(c) (1) Revision; transfer of functions.
2 81:783 90–247 431(b)(1) 566, 488 93–380 509(a)(1), 2 (c)(1) Existing text designated as par. (1).
2 81:783 90–247 431(b)(2) 566, 488 93–380 509(a)(1), 2 (c)(1) Addition.
2 81:783 90–247 431(d)–(g) 567, 568 93–380 509(a)(2), (b) Addition.
2 81:783 90–247 434(a) 568, 488 93–380 510, 2(c)(1) Revision.
2 81:783 90–247 434(b)–(e) 569–571 93–380 511(a), (b) (I) Subsec. (b) deleted, new (b)–(e) added.
2 81:783 90–247 437 571 93–380 512(a), (b) Addition.
2 81:783 90–247 438 571–574 93–380 513(a), (b) (1X0 Addition.
2 81:783 90–247 438(a)(1) 1858, 1859, 1862 93–568 2(a)(1)(A)– (C). (2)(A), (B)(i), (ii), (C)(b) Amendment; effective date.
2 81:783 90–247 438(a)(1) (ARC) 1860, 1862 93–568 2(a)(3), (b) Par. (1) designated as (A); subpars. (B), (C) added; effective date.
2 81:783 90–247 438(a)(2) 1861, 1862 93–568 2(a)(4)(A). (B). (b) Amendment; effective date.
2 81:783 90–247 438(a)(3) 1859, 1862 93–568 2(a)(1)(G). (b) Addition; effective date.
2 81:783 90–247 438(a)(4) 1859, 1862 93–568 2(a)(2)(F), (b) Addition; effective date.
2 81:783 90–247 438(a)(5) 1859, 1862 93–568 2(a)(2)(F). (b) Addition; effective date.
2 81:783 90–247 438(a)(6) 1861, 1862 93–568 2(a)(5), (b) Addition; effective date.
2 81:783 90–247 438(b)(1) 1858, 1859, 1862 93–568 2(a)(1)(D), (2)(D),(b) Amendment; effective date.
2 81:783 90–247 438(b)(1) 1861, 1862 93–568 2(a)(6), (8) (A), (b) Amendment; elective date.
2 81:783 90–247 438(b)(1) (A) 1862 93–568 2(a)(8)(B), (b) Amendment; effective date.
B55

AMENDMENTS AND REPEALS
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section Statutes vol.: page Public Law Section Comment
1968              
Jan.  2 81:783 90–247 438(b)(1)(B) 1862 93–568 2(a)(8)(C), (b) Amendment; effective date.
2 81:783 90–247 438(b)(1) (C) 1862 93–568 2(a)(10)(A), (b) Amendment; effective date.
2 81:783 90–247 438(b)(1) (E)–(l) 1861, 1862 93–568 2(a)(6). (b) Addition; effective date.
2 81:783 90–247 438(b)(2) 1858, 1859, 1862 93–568 2(a)(1)(E), (2)(E). (b) Amendment; effective date.
2 81:783 90–247 438(b)(3) 1862 93–568 2(a)(8)(D), (b) Amendment; effective date.
2 81:783 90–247 438(b)(4) (A) 1862 93–568 2(a)(9), (b) Revision; effective date.
2 81:783 90–247 438(e) 1858, 1862 93–568 2(a)(1)(F). (b) Amendment; effective date.
2 81:783 90–247 438(g) 1861, 1862 93–568 2(a)(7), (10)(B), (b) Amendment; effective date.
2 81:783 90–247 439 574 93–380 514(a). (b) Add it ion.
2 81:783 90–247 440 574 93–380 515(a), (b) Addition.
2 81:783 90–247 441–448 510, 550, 552, 555 93–380 105(a)(1), 405(g)(1), 406(g)(1), 408(f)(5) Applicability.
2 81:783 90–247 443(a) 575 93–380 516(a), (b) Existing text designated as subsec. (a).
2 81:783 90–247 443(b) 575 93–380 516(a), (b) Addition.
2 81:783 90–247 445 575, 488 93–380 517(a)(2), 2 (c)(1) Amendment.
2 81:783 90–247 445(d) 575, 488 93–380 517(a)(1). 2 (c)(1) Addition.
2 81:783 90–247 446(a) 511 93–380 105(a)(1) Exception.
2 81:783 90–247 447(b) 575, 488 93–380 517(b), 2(c) (1) Amendment.
2 81:783 90–247 448(b) 121 93–278 2 Applicability.
2 8 1:783 90–247 448(b) 557, 603, 612 93–380 501(a), 831, 845(a)–(g) Applicability.
2 81:783 90–247 449 575 93–380 518(a), (b) Addition.
Mar.  12 82:43 90–264 .......... 1533 93–96 15 Exception.
12 82:43 90–264 102(a)(2) 1449 93–478 1 Amendment.
12 82:43 90–264 102(a)(3) 1449 93–478 2 Revision.
12 82:43 90–264 102(c) 1449 93–478 3 Amendment.
28 82:64 90–275 4 1704, 1705 93–527 6, 10 Revision. (See also. 1959, P.L. 86–211.)
Apr.  11 82:73 90–284 701(c) 84 93–265 .......... Revision.
11 82:73 90–284 804(a)–(e) 729 93–383 808(b)(1) Amendment.
11 82:73 90–284 805 729 93–383 808(b)(2) Amendment.
11 82:73 90–284 806 729 93–383 808(b)(3) Amendment.
11 82:73 90–284 901(a) 729 93–383 808(b)(4) Amendment.
11 82:73 90–284 901(b)(1) 729 93–383 808(b)(4) Amendment.
11 82:73 90–284 901(c) 729 93–383 808(b)(4) Amendment.
May  7 82:113 90–301 3(a) 682, 685 93–383 309(e), 317 Amendment.
29 82:146 90–321 102 1511, 1517 93–495 302, 308 Amendment,
29 82:146 90–321 103(f) 1511, 1517 93–495 303, 308 Amendment.
29 82:146 90–321 104(1) 1519 93–495 410 Nonapplicability.
29 82:146 90–321 104(5) 1517, 1521 93–495 402, 416 Addition.
29 82:146 90–321 108(a)(4)– (6) 1517, 1521 93–495 403(a). (b), 416 Par. (4) deleted; pars. (5). (6) redesignated as (4), (5); new (6) added.
29 82:146 90–321 111(d) 1516, 1517 93–495 307(b), 308 Amendment.
29 82:146 90–321 112 1518, 1521 93–495 406 Nonapplicabilily.
B56

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section Statutes vol.: page Public Law Section Comment
1968              
May  29 82:146 90–321 115 1520, 1521 93–495 413(a), (b). 416 Addition.
29 82:146 90–321 121(a) 1516, 1517 93–495 307(c), 308 Amendment.
29 82:146 90–321 121(b) 1516, 1517 93–495 307(d), 308 Amendment.
29 82:146 90–321 121(c) 1519, 1521 93–495 409. 416 Addition.
29 82:146 90–321 121(c) 1727, 1731 93–533 6(e), 19 Supersedure.
29 82:146 90–321 122(a) 1516, 1517 93–495 307(e), 308 Amendment.
29 82:146 90–321 122(b) 1517 93–495 307(f), 308 Amendment.
29 82:146 90–321 125(a) 1517, 1521 93–495 404(1), 416 Amendment.
29 82:146 90–321 125(b) 1517, 1521 93–495 404(2), 416 Amendment.
29 82:146 90–321 125(e) 1519, 1521 93–495 412, 416 Amendment.
29 82:146 90–321 125(f) 1517, 1521 93–495 405, 416 Addition.
29 82:146 90–321 127(a)(1) 1521 93–495 415(1), 416 Revision.
29 82:146 90–321 127(a)(6)– (8) 1511 93–495 303 Supplemental provision.
29 82:146 90–321 127(a)(8) 1511, 1517 93–495 304(a), 308 Addition.
29 82:146 90–321 127(b)(1)– (3) 1511 93–495 303 Supplemental provision.
29 82:146 90–321 127(b)(2) 1519, 1521 93–495 411, 416 Revision.
29 82:146 90–321 127(b)(9) 1511 93–495 303 Supplemental provision.
29 82:146 90–321 127(b)(l0) 1521 93–495 415(2), 416 Revision.
29 82:146 90–321 127(b)(11) 1511, 1517 93–495 303, 305, 308 Addition; supplemental provision.
29 82:146 90–321 127(c) 1511, 1517 93–495 304(b), 308 Revision.
29 82:146 90–321 130(a) 1518, 1521 93–495 408(a), (e), 416 Revision; applicability.
29 82:146 90–321 130(b) 1518, 1521 93–495 408(b), (e), 416 Amendment; applicability.
29 82:146 90–321 130(c) 1518, 1521 93–495 408(c), (e), 416 Amendment; applicability.
29 82:146 90–321 130(f)–(h) 1518, 1521 93–495 406, 407, 408(d), (e), 416 Addition; applicability.
29 82:146 90–321 133 1519 93–495 410 Exception; applicability.
29 82:146 90–321 134 1520, 1521 93–495 414, 416 Revision.
29 82:146 90–321 135 1519, 1521 93–495 410(a), (b), 416 Addition.
29 82:146 90–321 146 1517, 1521 93–495 401(a), (b), 416 Addition.
29 82:146 90–321 161–171 1511–1517 93–495 303, 306, 307(a), 308 Addition; supplemental provision.
29 82:146 90–321 701–707 1521 93–495 503 Addition (title vii).
June  10 82:174 90–335 1(c) 142 93–286 .......... Amendment.
18 82:183 90–346 .......... 2119 93–625 10(g) Repeal.
19 82:197 90–351 .......... 1142 93–415 541(a). (b) Amendment.
19 82:197 90–351 203(a) 1142 93–415 542 Amendment.
19 82:197 90–351 303(a) 1 142 93–415 543 Amendment.
19 82:197 90–351 520(a) 1142 93–415 544(1) Existing text designated as subsec, (a).
19 82:197 90–351 520(b) 1142 93–415 544(2) Addition.
19 82:197 90–351 526–528 1142 93–415 545 Addition.
19 82:197 90–351 804(g)(1) 1972 93–609 3 Amendment.
B57

AMENDMENTS AND REPEALS
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section Statutes vol.: page Public Law Section Comment
1968              
June  19 82:197 90–351 804(g)(5) 1972 93–609 2 Addition.
19 82:197 90–351 804(h) 1972 93–609 1 Amendment.
July  21 82:367 90–408 201 1751 93–552 203(a) Amendment.
21 82:367 90–408 802(2) 1751 93–552 203(b) Amendment.
23 82:397 90–416 .......... 1873 93–573 104 Copyright terms, extension,
Aug.  1 82:476 90–448 3 653 93–383 118 Amendment,
1 82:476 90–448 5 1968 93–608 1(9) Repeal.
1 82:476 90–448 106 735 93–383 811(a) Heading revised.
1 82:476 90–448 106(a)(1) (iii) 735 93–383 811(b)(1) Revision.
1 82:476 90–148 106(a)(1) (iv) 736 93–383 811(c) Addition.
1 82:476 90–448 106(a)(2) 735, 736 93–383 811(b)(2), (d) Par. (2) redesignated as (3) and amended; new (2) added.
1 82:476 90–448 106(a)(3) 735, 736 93–383 811(b)(2), (d) Former par, (2) redesignated as (3) and amended.
1 82:476 90–448 106(b)(1) 736 93–383 811(e) Amendment.
1 82:476 90–448 106(b)(2) 736 93–383 811(f) Amendment.
1 82:476 90–448 107(g)(1) 1963 93–604 604( I ) Amendment.
1 82:476 90–448 107(g)(2) 1963 93–604 604(2) Amendment.
1 82:476 90–448 810(b) 728 93–383 806(1) Repeal.
1 82:476 90–448 810(c) 728 93–383 806(1) Repeal.
1 82:476 90–448 1307(e) 739 93–383 816(b) Addition.
1 82:476 90–448 1364 739 93–383 816(a) Addition.
1 82:476 90–448 1402(3) 736 93–383 812(a)(1) Amendment.
I 82:476 90–448 1402(7) 736 93–383 812(a)(2) Amendment.
I 82:476 90–448 1403(a)(ll) 736 93–383 812(b) Addition.
I 82:476 90–448 1404(b) 737 93–383 812(c)(1) (A). (B), (2) Amendment.
I 82:476 90–448 1601(a)–(c) 721 93–383 801(1), (2) Existing text designated as (a); subsecs, (b), (c) added.
1 82:476 90–448 1603(3)–(7) 722 93–383 801(3) Cis. (3)–(6) redesignated as (4)–(7); new (3) added.
12 82:720 90–481 .......... 283 93–324 101(b) Supplemental provision.
12 82:720 90–481 5(c)(2)–(4) 802 93–403 2 Pars. (2), (3) redesignated as (3), (4); new (2) added.
12 82:720 90–481 15 802 93–103 3 Revision.
13 82:731 90–483 101 28 93–251 58(a) Project modification.
13 82:731 90–483 201 14 93–251 2 Applicablility. (See also 1936. P.L. 738, sec. 3.)
13 82:731 90–483 201 42 93–251 105 Project modification.
13 82:731 90–483 202 14 93–251 2 Applicability. (See also 1944, P.L. 534, sec. 1.)
13 82:731 90–483 203 14 93–251 2 Applicability.
13 82:731 90–483 203 30, 31 93–251 63, 69 Project modification.
13 82:731 90–483 215(b)(e) 26 93–251 52 Applicability.
Sept.  21 82:853 90–503   1492 93–493 301 Amendment.
30 82:885 90–537 .......... 1491 93–493 110 Applicability.
30 82:885 90–537 403(g)(2) 273 93–320 205(b)(2) Par. (2) redesignated as (3); new (2) added.
30 82:885 90–537 403(g)(3) 273 93–320 205(b)(2) Former par. (2) redesignated as (3).
Oct.  2 82:906 90–542 3(a)(10) 122 93–279 1(a) Addition.
2 82:906 90–542 4(a) 122 93–279 1(b)(1) Deletion; new subsec. (a) added.
B58

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section Statutes vol.: page Public Law Section Comment
1968              
Oct.  2 82:906 90–542 4(a)(1) 2096 93–621 1(d)(1) Part of existing text designated as cis. (i).
2 82:906 90–542 4(a)(ii) 2096 93–621 1(d)(2) Addition.
2 82:906 90–542 5(a)(28)– (56) 2094 93–621 1(a) Addition.
2 82:906 90–542 5(b)–(d) 123 93–279 1(b)(2) Subsec. (b) deleted; (c), (d) relettered as (b), (c).
2 82:906 90–542 5(b)–(d) 2095 93–62) 1(b) Subsecs, (b), (c) redesignated as (c), (d); new (b) added.
2 82:906 90–542 7(b)(1) 123 93–279 1(b)(3) Deletion; new cis, (i) added.
2 82:906 90–542 7(b)(1) 2096 93–621 1(c) Amendment.
2 82:906 90–542 7(b)(ii) 123 93–279 1(b)(4) Amendment.
2 82:906 90–542 15(c) 123 93–279 1(c) Amendment.
2 82:906 90–542 16 123 93–279 1(d) Deletion; new sec. 16 added.
18 82:1188 90–606 5 1445 93–477 101(1) Amendment.
21 82:1203 90–614 .......... 1056 93–07 426(d) Applicability.
21 82:1203 90–614 7(d) 483 93–379 5(a) Addition.
21 82:1203 90–614 10 1063 93–407 451 Applicability,
22 82:1320 90–629 3(d) 1813 93–559 45(a)(1) Revision.
22 82:1320 90–629 23 1813 93–559 45(a)(2) Revision.
22 82:1320 90–629 24(a) 1814 93–559 45(a)(3) Amendment.
22 82:1320 90–629 24(b) 1814 93–559 45(a)(3) Amendment,
22 82:1320 90–629 24(c) 1814, 1815 93–559 45(a)(4), (b) Amendment.
22 82:1320 90–629 31(a) 1815 93–559 45(a)(6) Amendment,
22 82:1320 90–629 31(b) 1815 93–559 45(a)(7)(A), (B) Amendment.
22 82:1320 90–629 33(a) 1815 93–559 45(a)(8)(A), (B) Repeal; former subsec. (b) redesignated as (a).
22 82:1320 90–629 33(b) 1815 93–559 45(a)(8)(B), (C) Addition; former subsec. (b) redesignated as (a).
22 82:1320 90–629 35(b) 1814 93–559 45(a)(5) Repeal.
22 82:1320 90–629 36(a) 1814 93–559 45(a)(5) Addition.
22 82:1320 90–629 36(b) 1814 93–559 45(a)(5) Addition.
1969              
July  11 83:46 91–44 101(b)(1) 119 93–276 108(a) Project rescission.
Oct.  22 83:141 91–95 2(a)(7) 89 93–269 5 Amendment.
  83:183 91–110 .......... 1383 93–457 1(1)–(4) Amendment.
19 83–204 91–121 409 1971 93–608 2(4) Amendment,
Dec.  16 83:360 91–147 .......... 1873 93–573 104 Copyright terms, extension.
30 83:487 91–172 101(l)(3)(F) 1467 93–490 4(a)(l)–(3), (b) Addition.
30 83:827 91–177 115 2330 93–644 16(a) Repeal.
30 83:841 91–184 2(5) 1553 93–500 4(a) Addition.
30 83:841 91–184 3(2)(A) 1552 93–500 2 Amendment.
30 83:841 91–184 3(3)(A) 1553 93–500 4(b) Amendment.
30 83:841 91–184 3(5)(C) 1553 93–500 4(c) Addition.
30 83:841 91–184 3(7) 1556 93–500 11 Addition.
30 83:841 91–184 4(b)(1) 1557 93–500 12 Amendment.
30 83:841 91–184 4(c)–(f) 1552 93–500 3(a) Subsecs, (c)–(e) redesignated as (d)–(f); new (c) added.
30 83:841 91–184 4(d) 1554 93–500 7 Revision.
30 83:841 91–184 4(g) 1553 93–500 5(a) Addition.
30 83:841 91–184 4(h) 1555 93–500 9 Addition.
30 83:841 91–184 4(1) 1556 93–500 10 Addition.
30 83:841 91–184 4A 1554 93–500 8 Addition.
B59

AMENDMENTS AND REPEALS
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section Statutes vol.: page Public Law Section Comment
1969              
Dec.  30 83:841 91–184 5(a) 1553 93–500 3(C)(1), (2), (d) Amendment.
30 83:841 91–184 5(b)(1) 1554 93–500 6(1) Existing text designated as par. (1).
30 83:841 91–184 5(b)(2) 1554 93–500 6(2) Addition.
30 83:841 91–184 5(c)(1) 1553 93–500 5(b) Amendment.
30 83:841 91–184 5(c)(5) 1553 93–500 5(c) Addition.
30 83:841 91–184 10 1971 93–608 2(1) Amendment.
30 83:841 91–184 10(a) 1552 93–500 3(b)(1) Existing text designated as subsec. (a).
30 83:841 91–184 10(b) 1552 93–500 3(b)(2) Addition.
30 83:841 91–184 14 287 93–327 .......... Amendment
30 83:841 91–184 14 444 93–372 .......... Amendment.
30 83:841 91–184 14 1557 93–500 13 Amendment.
1970              
Jan.  1 83:852 91–190 102 260 93–319 7(d) Exception.
Apr.  13 84:121 91–230 601–662 283 93–324 101(b) Supplemental provision.
13 84:121 91–230 603(a) 579, 580 93–380 612(a), (b) (2) Existing text designated as subsec. (a).
13 84:121 91–230 603(b) 579, 580 93–380 612(a), (b) (2) Addition.
13 84:121 91–230 604(b) 580, 488 93–380 613(a), 2(c) (1) Amendment.
  84:121 91–230 604(c) 580, 488 93–318 613(b), 2(c) (1) Addition.
13 84:121 91 –230 611–614 283 93–324 101(d) Supplemental provision.
  84:121 91–230 61 1 580 93–380 614(a) Revision.
13 84:121 91–230 611(a) 582 93–380 614(e)(1), (3) Amendment.
13 84:121 91–230 611(b) 582 93–380 614(e)(2), (3) Revision.
13 84:121 91–230 612 580 93–380 614(a) Applicability.
13 84:121 91–230 612 581 93–380 614(b) Revision.
13 84:121 91–230 612(a)(1) 611 93–380 843(b)(1), (3) Amendment.
13 84:121 91–230 612(a)(1)(B) 582, 488 93–380 614(f)(1), (2), 2(c)(2) Amendment.
13 84:121 91–230 612(a)(2) 582. 583 93–380 615(a)(1). (d) Amendment.
13 84:121 91–230 612(a)(2) 611 93–380 843(b)(2) Amendment.
13 84:121 91–230 612(a)(3) 583 93–380 615(a)(2) Addition–
13 84:121 91–230 613(a) 581 93–380 614(c) Amendment.
13 84:121 91–230 613(a)(1) 583 93–380 615(b), (d) Amendment.
13 84:121 91–230 613(a)(1) 611 93–380 843(b)(2) Amendment.
13 84:121 91–230 6l3(a)(l2) 581. 488 93–380 614(d)(1)– (3), 2(c)(1) Addition.
13 84:121 91–230 613(a)(l3) 581, 488 93–380 614(d)(1)– (3). 2(c)(1) Addition.
13 84:1 21 91–230 613(b)–(e) 583, 488 93–380 615(c)(1), 2 (c)(1) Subsecs, (b)–(d) redesignated as (c)–(c); new (b) added.
13 84:121 91–230 613(e)(1) 583 93–380 615(c)(2), 2 (0(1) Amendment.
    91–230 625–627 584, 488 93–380 616, 2(c)(1) Secs. 625, 626 redesignated as 626. 627; new 625 added.
13 84:121 91–230 627 584, 488 93–380 617, 2(c)(1) Revision.
13 84:121 91–230 636 584, 488 93–380 618, 2(c)(1) Revision.
13 84:121 91–230 644 585, 488 93–380 619, 2(c)(1) Revision.
13 84:121 91–230 652(b)(3)– (5) 585, 488 93–380 620(1), 2(c) (1) Amendment.
13 84:121 91–230 654 585, 488 93–380 620(2), 2(c) (1) Revision.
13 84:121 91–230 661(c) 585, 488 93–380 621, 2(c)(1) Revision.
B60

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provisions
Date Statutes vol.: page Public law Section Statutes vol.: page Public Law Section Comment
1970              
Apr.  24 84:200 91–235 1 1953 93–597 7(a), (b) Amendment.
June  2 84:299 91–273 101(b)(1) 118 93–276 107(b) Amendment.
2 84:299 91–273 106(a) 118 93–276 107(c) Amendment.
2 84:299 91–273 106(c) 118 93–276 107(c) Addition
19 84:310 91–282 7 25 93–251 48 Revision.
30 84:336 91–296 601 360 93–352 113 Amendment.
July  6 84:375 91–304 2 1162 93–423 10 Amendment.
24 84:450 91–351 305(a)(1) 726 93–383 805(a)(1), (2) Amendment.
24 84:450 91–351 305(a)(1) 1506 93–495 113 Amendment.
24 84:450 91–351 305(a)(2) 726 93–383 805(b)(1), (3), (4) Amendment.
24 84:450 91–351 305(a)(2)(C) 726 93–383 805(b)(2) Amendment.
Aug.  10 84:695 91–373 203(d) 1872 93–572 107 Amendment.
10 84:695 91–373 203(e)(2) 53 93–256 2 Amendment.
10 84:695 91–373 203(e)(2) 288 93–329 2 Amendment.
10 84:695 91–373 203(e)(2) 420 93–368 3 Amendment.
10 84:695 91–373 203(e)(2) 1872 93–572 106 Amendment.
10 84:695 91–373 204(a)(1) 1872 93–572 108 Applicability.
10 84:695 91–373 204(a)(3) 1872 93–572 108 Addition.
13 84:794 91–378 .......... 1066 93–408 .......... (Revised, See 1972, P.L. 92–597.)
Sept.  26 84:880 91–424 8 1445 93–477 101(11) Amendment.
Oct.  16 84:971 91–458 208(a) 2116 93–633 206 Amendment.
16 84:971 91–458 209(b) 2165 93–633 204(a) Amendment.
16 84:971 91–458 211(c) 2164 93–633 203 Addition.
16 84:971 91–458 212 2166 93–633 205 Revision.
16 84:971 91–458 301–303 2163 93–633 113(g), 114 Repeal.
21 84:1075 91–479 15 1446 93–477 101(13) Amendment.
26 84:1140 91–510 201–203 327, 331 93–344 801(a), (b), 905(d) Revision.
26 84:1140 91–510 204 326, 331 93–344 702(a), (b), 905(a) Revision.
26 84:1204 91–511 101 1748 93–552 105(a) Amendment.
26 84:1204 91–511 101 1762 93–552 605(3)(A) Exception.
26 84:1204 91–511 201 1751 93–552 204(a) Amendment.
26 84:1204 91–511 602(1) 1748 93–552 105(b) Amendment.
26 84:1204 91–511 602(2) 1751 93–552 204(b) Amendment.
27 84:1236 91–513 102(27) 124 93–281 2 Addition.
27 84:1236 91–513 102(28) 124 93–281 2 Addition.
27 84:1236 91–513 303(g) 124 93–281 3 Addition.
27 84:1236 91–513 304(a) 125 93–281 4(a) Amendment.
27 84:1236 91–513 304(d) 125 93–281 4(b)(1), (2) Amendment.
27 84:1236 91–513 307(c)(1) (A) 125 93–281 5 Revision.
27 84:1236 91–513 509(a) 1455 93–481 3 Designation “ (a) ” deleted.
27 84:1236 91–513 509(b) 1455 93–481 3 Deletion.
27 84:1236 91–513 702(a) 1455 93–481 2 Exception.
27 84:1236 91–513 702(d) 1455 93–481 2 Addition.
27 84:1236 91–513 709 1455 93–481 1 Revision.
27 84:1236 91–513 1103 1455 93–481 2 Exception.
30 84:1312 91–516 2(b) 121 93–278 4 Amendment.
30 84:1312 91–516 3(b)(2) 121 93–278 5 Amendment.
30 84:1312 91–516 3(c)(1) 121 93–278 2, 6 Amendment,
30 84:1312 91–516 7 121 93–278 3 Amendment.
30 84:1327 91–518 .......... 1531 93–496 12 Amendment.
30 84:1327 91–518 304(b) 1526 93–496 2 Amendment.
30 84:1327 91–518 305(d)(2) 1528 93–496 6 Revision.
30 84:1327 91–518 305(f) 1527 93–496 3 Addition.
30 84:1327 91–518 305(f) 1527 93–496 4 Addition (relating to customs inspection procedures).
30 84:1327 91–518 305(a) 1527 93–496 3 Addition.
30 84:1327 91–518 403(b) 1527 93–496 5(a) Deletion; new subsec. (b) added.
B61

AMENDMENTS AND REPEALS
Provisions affected Amendatory provisions
Date Statutes
vol.:page		 Public
Law		 Section Statutes
vol.: page		 Public
Law		 Section Comment
1970              
Oct.  30 84:1327 91–518 403(c) 1527 93–496 5(a), (b) Deletion; subsec. (d) redesignated as (c) and amended.
30 84:1327 91–518 403(d) 1527 93–496 5(b) Redesignated as subsec. (c) and amended.
30 84:1327 91–518 404(b)(1) 1530 93–496 7(1) Amendment.
30 84:1327 91–518 404(b)(2) 1530 93–496 7(2) Amendment.
30 84:1327 91–518 404(b)(3) 1530 93–496 7(1) Amendment.
30 84:1327 91–518 601(a) 1530 93–496 8(a)(1). (2) Amendment.
30 84:1327 91–518 602(d) 1531 93–496 9(a) Amendment.
30 84:1327 91–518 602(h) 1531 93–496 9(b) Addition.
30 84:1327 91–518 602(i) 1531 93–496 9(b) Addition.
30 84:1327 91–518 801(b) 1531 93–196 10 Revision.
30 84:1327 91–518 805(2)(A) 1531 93–496 11(1), (2) Amendment.
Dec.  3 84:1385 91–527 .......... 283 93–324 101(d) Supplemental provision.
3 84:1385 91–527   1 154 93–422 2(a) Revision.
3 84:1385 91–527 2 1154 93–422 2(b) Revision.
3 84:1385 91–527 3 1155 93–422 2(c) Revision.
3 84:1385 91–527 4 1157 93–422 2(d) Revision.
3 84:1385 91–527 5 1157 93–422 2(e) Amendment.
3 84:1385 91–527 8(b) 1 157 93–422 2(f)(1), (2) Subsec(b) redesignated as (c); new (b) added.
3 84:1385 91–527 8(c) 1157 93–422 2(f)(1) Former subsec (b) redesignated as (c).
17 84:1441 91–555 .......... 1873 93–573 104 Copyright terms, extension.
31 84:1744 91–606 .......... 164 93–288 603, 605 Repeal, except secs. 231, 233–237, 301–304; savings provision.
31 84:1744 91–606 252(d) 24, 25 93–251 45(a), (b) Addition; effective date.
31 84:1770 91–609 504 725 93–383 804 Revision.
31 84:1770 91–609 506 738 93–383 814 Addition.
31 84:1770 91–609 507 738 93–383 815 Addition.
31 84:1770 91–609 710–729 725 93–383 803(a)(1) Amendment (title VII, prt. B).
31 84:1770 91–609 711(f) 725 93–383 803(e)(1)–(3) Amendment.
31 84:1770 91–609 713(a) 725 93–383 803(c) Amendment.
31 84:1770 91–609 718(c) 725 93–383 803(d) Amendment.
31 84:1770 91–609 729 725 93–383 803(a)(2) Heading amended.
31 84:1770 91–609 729(b) 725 93–383 803(b)(1) Amendment.
31 84:1770 91–609 729(b)(3) 725 93–383 803(b)(2) Amendment.
31 84:1818 91–611 103 15 93–25) 6 Revision.
31 84:1818 91–611 107(b) 32 93–251 70 Amendment.
31 84:1818 91–611 116(a) 15 93–251 7(a) Amendment.
31 84:1818 91–611 116(b) 16 93–25 I 7(c) Amendment.
31 84:1818 91–61 1 116(c) 15 93–251 7(b) Amendment.
31 84:1818 91–61 I 123(d) 20 93–251 23 Amendment.
31 84:1818 91–61 1 201 18 93–251 14 Protect modification.
31 84:1818 91–611 201 32 93–251 74 Project modification; exception.
31 84:1818 91–61 I 213 19 93–25 I 20(1), (2) Amendment.
31 84:1818 91–61 1 217 16 93–251 11(a) Applicability.
31 84:1818 91–611 221 42 93–251 104 Nonapplicability.
31 84:1818 91–611 221(b) 39 93–251 92(a) Applicability.
31 84:1818 91–611 221(c) 39 93–251 92(a) Applicability.
31 84:1818 91–611 221(e) 39 93–251 92(a) Applicability.
31 84:1818 91–611 222 22 93–251 36 Amendment.
31 84:1848 91–616 .......... 2238, 2248 93–641 3 Exception.
31 84:1848 91–616 2 126 93–282 102(a) Addition.
31 84:1848 91–616 (01 135 93–282 203(a) Revision.
B62

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provisions
Date Statutes
vol.:page		 Public
Law		 Section Statutes
vol.: page		 Public
Law		 Section Comment
1970              
Dec.  31 84:1848 91–616 102 136 93–282 203(b)(2) (A) Amendment.
31 84:1848 91–616 102(2) 136 93–282 203(b)(1) Amendment.
31 84:1848 91–616 102(5) 136 93–282 203(b)(2) (A) Addition.
31 84:1848 91–616 103 133 93–282 131 Addition.
31 84:1848 91–616 301–304 129 93–282 108 Heading amended (title III, prt. A).
31 84:1848 91–616 301 127 93–282 105(a) Amendment.
31 84:1848 91–616 301 127 93–282 105(b) Heading revised.
31 84:1848 91–616 302(b) 127 93–282 106(a)(2) (A), (B) Amendment.
31 84:1848 91:616 302(d) 127 93–282 106(a)(1) Addition.
31 84:1848 91–616 303(a)(3) 127 93–282 106(b)(1) Amendment.
31 84:1848 91–616 303(a)(10) 127 93–282 106(b)(2)–(4) Former par. (10) redesignated as (11); new (10) added.
31 84:1848 91–616 3O3(a)(l 1) 127 93–282 106(b)(3) Former par. (10) redesignated as (11).
31 84:1848 91–616 304 127 93–282 107 Addition.
31 84:1848 91–616 311 129 93–282 111 Revision.
31 84:1848 91–616 321 130 93–282 121(3) Revision.
31 84:1848 91–616 333 131 93–282 122(a) Revision.
1971          
Jan.  2 84:1894 91–646 203–206 1260 93–440 3(c) Waiver.
2 84:1894 91–646 301 1258 93–440 1(c) Exception.
5 84:1909 91–648 203(a) 2208 93–638 105(d)(3) Exception.
5 84:1909 91–648 203(c) 2209 93–638 105(d)(3) Nonapplicability.
5 84:1909 91–648 303(c) 2208 93–638 105(d)(3) Exception.
5 84:1909 91–648 303(d) 2209 93–638 105(d)(3) Non applicability.
5 84:1909 91–648 502(5) 2208 93–638 105(d)(1)–(3) Addition
5 84:1930 91–650 303(b) 763 93–389 1(b) Amendment.
5 84:1930 91–650 303(c) 763 93–389 1(a) Revision.
8 84:1955 91–657 .......... 616 93–515 202(5) Exception.
8 84:1955 91–657 8 1616 93–515 202(5) Revision.
8 84:1955 91–657 13(C) 1615 93–515 202(1), 203 Revision.
8 84:1955 91–657 13(D) 1615 93–515 202(2), 203 Revision.
8 84:1955 91–657 14 1615, 1616 93–515 202(3), 203 Amendment.
8 84:1955 91–657 15 1616 93–515 202(4), 203 Amendment.
8 84:1981 91–665 .......... 1723 93–532 1(a), (b) Supplemental provision.
12 84:2053 91–672 8(b) 1799 93–559 13(a)(1) Amendment.
12 84:2053 91–672 8(c) 1799 93–559 13(a)(2) Amendment.
12 84:2053 91–672 to 282 93–324 101(b) Exception.
12 84:2053 91–672 10 1867 93–570 4 Exception.
June  23 85:77 92–28 I, “Sec. 1 (a)” 392, 393 93–358 l(D(A),(B) Amendment.
23 85:77 92–28 1, “Sec. 1(a) (2)(A)” 393 93–358 1(1)C) Amendment.
23 85:77 92–28 1, “Sec. 1(a) (2)(B)-(D)” 393 93–358 1(1)(D) Subpars. (B), (C) redesignated as (C), (D); new (B) added.
23 85:77 92–28 1, “Sec. 1(d) (IP 393 93–358 1(2)(A) Amendment.
23 85:77 92–28 I, “Sec. 1(d) (4)” 393 93–358 1(2)(B) Addition.
23 85:77 92–28 I, “Sec. 5 (5)” 393 93–358 1(3)(A) Addition.
23 85:77 92–28 I, “Sec. 5 (6)–(9)” 393 93–358 1(3)(B), (C) Par. (6) deleted; (7)–(9) redesignated as (6)–(8).
23 85:77 92–28 1. “Sec. 6” 393 93–358 1(4) Revision.
July  9 85:125 92–51   430 93–371 5 Amendment.
Aug.  11 85:304 92–84 101(b)(3) 119 93–276 108(b) Project rescission.
B63

AMENDMENTS AND REPEALS
Provisions affected Amendatory provisions
Date Statutes
vol.:page		 Public
Law		 Section Statutes
vol.: page		 Public
Law		 Section Comment
1971              
Oct.  27 85:394 92–145 702(1) 1748 93–552 106 Amendment.
Nov.  24 85:490 92–170 .......... 1873 93–573 104 Copyright terms, extension.
Dec.  10 85:497 92–178 109(e)(1) 2112 93–625 5(b), (d) Repeal.
Dec.  10 85:583 92–181 .......... 1523 93–495 503 Supplemental provision.
15 85:627 92–184 .......... 427 93–371 1 Amendment.
18 85:688 92–203 .......... 2238 93–641 3 Exception.
18 85:735 92–205 6 1212 93–436 .......... Amendment.
29 85:810 92–224 204(b) 420 93–368 4(a) Amendment.
1972          
Feb.  7 86:3 92–225 101–106 1278, 1286, 1304 93–443 205(b), 208 (b). 410(a) Repeal; savings provision.
7 86:3 92–225 301–311 1275 93–443 202(b) Exception.
7 86:3 92–225 301–311 1286 93–443 208(b) Savings provision.
7 86:3 92–225 301 1272, 1304 93–443 201(a), (I), 410(a) Amendment.
7 86:3 92–225 301(a)(5) 1272, 1304 93–143 201(a)(2), 410(a) Deletion.
7 86:3 92–225 301(d) 1272, 1304 93–443 201(a)(3). 410(a) Revision.
7 86:3 92–225 301(e) 1272, 1304 93:443 201(a)(4). 410(a) Revision.
7 86:3 92–225 301 (f) 1273, 1304 93–443 201(a)(5), 410(a) Deletion; new subsec. (f) added.
7 86:3 92–225 301(g) 1286, 1304 93–443 208(c)(1), 410(a) Revision.
7 86:3 92–225 30i(j)-(n) 1274, 1304 93–443 201(a)(6)–(8), 410(a) Addition.
7 86:3 92–225 302(b) 1275, 304 93–443 202(a)(1). 410(a) Amendment.
7 86:3 92–225 302(c)(2) 1275, 1304 93–443 202(a)(2), (3), 410(a) Amendment.
7 86:3 92–225 302(c)(4) 1275, 1304 93–443 202(a)(2), 410(a) Amendment.
7 86:3 92–225 302(d) 1286, 304 93–443 208(c)(2), 410(a) Amendment.
7 86:3 92–225 302(f) 1275, 1304 93–443 202(b), 410 (a) Revision.
7 86:3 92–225 303 1286, 1304 93–443 208(c)(3) (A), 410(a) Amendment.
7 86:3 92–225 303(a) 1286, 304 93–443 208(c)(3) (B), 410(a) Amendment.
7 86:3 92–225 303(e) 1276, 1304 93–443 203. 410(a) Addition.
7 86:3 92–225 304 1278, 1304 93–443 204(d), 410 (a) Heading revised.
7 86:3 92–225 304 1286, 1304 93–443 208(c)(4) (A), 410(a) Amendment.
7 86:3 92–225 304(a)(1)–(3) 1276–278, 1304 93–443 204(a)(I), (2), (e), 410 (a) Existing text designated as (1) and amended; pars. (2), (3) added; savings pro vision.
7 86:3 92–225 304(b)(5) 1277, 1278, 1304 93–443 204(b)(1), (e). 410(a) Amendment; savings provision.
7 86:3 92–225 304(b)(8) 1277, 1278, 1304 93–143 204(b)(2), (e), 410(a) Amendment; savings provision.
7 86:3 92–225 304(b)(9) 1277. 1278, 1304 93–443 204(b)(3), (e), 410(a) Amendment; savings provision.
7 86:3 92–225 304(b)(10) 1277, 1278. 1304 93–443 204(b)(3), (e). 410(a) Amendment; savings provision.
B64

LAWS AFFECTED IN VOLUME 88
Provisions affected Amendatory provisions
Date Statutes
vol.:page		 Public
Law		 Section Statutes
vol.: page		 Public
Law		 Section Comment
1972              
Feb.  7 86:3 92–225 304(b)(11) 1277, 1278. 1304 93–443 204(b)(4), (e), 410(a) Amendment; savings provision.
7 86:3 92–225 304(b)(12) 1277, 1278, 1304 93–443 204(b)(5), (e), 410(a) Amendment; savings provision.
7 86:3 92–225 304(b)(12) 1286, 1304 93–443 208(c)(4) (B), 410(a) Amendment.
7 86:3 92–225 304(b)(13) 1286, 1304 93–443 208(c)(4) (B). 410(a) Amendment.
7 86:3 92–225 304(d) 1277, 1278, 1304 93–443 204(c), (e), 410(a) Addition; savings provision.
7 86:3 92–225 304(e) 1277, 1278, 1304 93–443 204(c), (e), 410(a) Addition; savings provision.
7 86:3 92–225 305 1278, 1304 93–443 205(a), 410 (a) Revision.
7 86:3 92–225 306 1286, 1304 93–443 208(c)(5), 410(a) Amendment.
7 86:3 92–225 3O6(a)-(d) 1279. 1304 93–443 207, 410(a) Subsec. (a) deleted; (b)-(d) redesignated as (a)-(c); new (d) added.
7 86:3 92–225 306(b) 1278, 1279, t304 93–443 206, 410(a) Redesignated subsec. (b) revised.
7 86:3 92–225 307 1286, 1304 93–443 208(c)(6), 410(a) Amendment.
7 86:3 92–225 308–321 1279, 1304 93–443 208(a), 410 (a) Secs. 308, 309, 311 redesignated as 3 16, 317, 321; new 308–315 added.
7 86:3 92–225 308(a)(7) 1287 93–443 209(a)(2) Exception.
7 86:3 92–225 310 1268, 1304 93–443 101(f)(4), 410(a) Deletion.
7 86:3 92–225 316 1286, 1304 93–443 208(c)(7), 410(a) Heading amended.
7 86:3 92–225 316(a) 1286, 1304 93–443 208(c)(8), 410(a) Amendment.
7 86:3 92–225 316(a)(1) 1286, 1304 93–443 208(c)(9) (A). 410(a) Amendment.
7 86:3 92–225 316(a)(4) 1287, 1304 93–143 208(c)(9) (B), 410(a) Amendment.
7 86:3 92–225 316(a)(6)–(13) 1287, 1304 93–443 209(a)(1), 410(a) Pars.(6)–(10) deleted; (11)–(13) redesignated as (8)–(10); new (6), (7) added.
7 86:3 92–225 3l6(a)(10) 1287, 1304 93–443 209(b)(1), 410(a) Amendment
7 86:3 92–225 3l6(b)-(d) 1287, 1304 93–443 209(b)(2) (A), (B), 410(a) Subsecs, (b), (d) deleted; (c) redesignated as (b); new (c). (d) added.
7 86:3 92–225 316(c) 1287, 1304 93–443 2O8(c)(IO) (A). (B), 410(a) Amendment.
7 86:3 92–225 317(a) 1287, 1304 93–443 208(c)(i 1), 410(a) Amendment.
7 86:3 92–225 318–320 1288, 1304 93–443 210, 410(a) Addition.
7 86:3 92–225 401 1275, 1304 93–443 201(b)(1), 410(a) Amendment.
7 86:3 92–225 402 1275, 1304 93–443 201(b)(2), 410(a) Amendment.
B65

AMENDMENTS AND REPEALS
Provisions affected Amendatory provisions
Date Statutes
vol.:page		 Public
Law		 Section Statutes
vol.: page		 Public
Law		 Section Comment
1972              
Feb.  7 86:3 92–225 403 1289, 93–443 301, 410(a) Revision.
7 86:3 92–225 406–408 1304 1289, 1304 93–443 302, 410(a) Sec. 406 redesignated as 408; new 406. 407 added.
Mar.  21 86:65 92–255 408 137 93–282 303(a) Revision.
21 86:65 92–255 408(g) 138 93–282 303(b)(1), (2)(A) Amendment; effective date.
21 86:65 92–255 408(h) 138 93–282 303(b)(2) (B) Addition.
21 86:65 92–255 501(a) 136 93–282 204 Revision.
21 86:65 92–255 501(b) 136 93–282 204 Revision.
June  16 86:222 92–314 101(b)(4) 118 93–276 107(d) Amendment.
16 86:222 92–314 101(b)(6) 119 93–276 108(c) Project rescission.
23 86:235 92–318 411 284 93–324 101(d) Supplemental provision. (See also 1950, P.L. 874, secs. 301–307, 103(a)(1) (A).(C). 5(a)(2).)
23 86:235 92–318 422 586, 587 93–380 632(c), (d) Addition.
23 86:235 92–318 423 586, 587 93–380 632(c), (d) Addition.
23 86:235 92–318 442(a) 612, 488 93–380 845(d), 2(c) (I) Amendment.
23 86:235 92–318 442(d) 562 93–380 505(a)(2), (b) Amendment.
23 86:235 92–318 701–720 284 93–324 101(d) Supplemental provision.
23 86:235 92–318 704(a) 587, 588 93–380 641(a), 646 Amendment.
23 86:235 92–318 704(b)(1) 587, 588 93–380 642(a), 646 Deletion.
23 86:235 92–318 704(b)(2) 587, 588 93–380 642(a), 646 Designation “(2)” deleted.
23 86:235 92–318 706(a)(1)(E) 587, 588 93–380 643(a)(2), (3), 646 Addition.
23 86:235 92–318 706(a)(3) 587, 588 93–380 643(a)(1), 646 Deletion.
23 86:235 92–318 706(b) 587, 588 93–380 643(b), 646 Amendment.
23 86:235 92–318 708(a)(3) 588 93–380 644, 646 Addition.
23 86:235 92–318 708(b) 588 93–380 645, 646 Amendment.
23 86:235 92–318 709(a) 587, 588 93–380 642(b), 646 Amendment.
23 86:235 92–318 709(a)(3) 519, 488 93–380 222, 2(c)(1) Repeal.
23 86:235 92–318 710(c)(2) 587, 588 93–380 643(c), 646 Amendments.
23 86:235 92–318 716(b) 612, 488 93–380 845(e), 2(c) (I) Amendment.
23 86:235 92–318 720(7) 587, 588 93–380 643(d), 646 Amendment.
23 86:235 92–318 901 1862 93–568 3(a) Nonapplicability.
23 86:235 92–318 901(a)(6) 1862 93–568 3(a), (b) Addition; effective
          date.
Aug.  14 86:532 92–381 .......... 283 93–324 101(b) Supplemental provision.
14 86:532 92–381 1, “Secs. 101–104” 1132 93–415 401 Title (caption amended; “Prt. A” designated added.
14 86:532 92–381 l,“Sec. 101” 1132 93–415 401 Amendment.
14 86:532 92–381 I, “Sec. 102 (a)” 1132 93–415 401 Amendment.
14 86:532 92–381 1, “Sec. 102 (b)(1)” 1132 93–415 401 Amendment.
14 86:532 92–381 I, “Sec. 102 (b)(2)” 1132 93–415 401 Amendment.
14 86:532 92–381 1, “Sec. 103 (a)” [ 132 93–415 401 Amendment.
14 86:532 92–381 1, “Sec. 104 (a)” 1132 93–415 401 Amendment.
14 86:532 92–381 1, “Sec. 104 (b)” 1132 93–415 401 Amendment.
14 86:532 92–381 1. “Sec. 105” 1 132 93–415 401 Addition (prt. B).
14 86:532 92–381 I, “Sec. 402” 1)33 93–415 404 Amendment.
B66
Provisions affected Amendatory provisions
Date Statutes
vol.:page		 Public
Law		 Section Statutes
vol.: page		 Public
Law		 Section Comment
1972              
Aug.  14 86:532 92–381 1, “Sec. 403 (a)” 1133 93–415 403 Designation “(a)” deleted.
14 86:532 92–381 I, “Sec. 403 (b)” 1133 93–415 403 Repeal.
14 86:532 92–381 1. “Sec. 408 (b)” 1133 93–415 402(a) Deletion; new subsec. (b) added.
14 86:532 92–381 1, “Sec. 409” 1133 93–115 402(b) Repeal.
29 86:644 92–412 210 239 93–315 .......... Deletion; new sec. 210 added.
Sept.  19 86:688 92–424 28 2314 93–644 9(b) Repeal.
Oct.  6 86:770 92–463 .......... 110 93–275 17(d) Applicability.
6 86:770 92–463 .......... 1006 93–406 4002(b)(8) Nonapplicability.
6 86:770 92–463 .......... 1739 93–541 6 Applicability.
6 86:770 92–463 .......... 1997 93–618 135(f) Applicability.
6 86:770 92–463 10(e) 575 93–380 518(a) Nonapplicability.
6 86:770 92–463 10(f) 575 93–380 518(a) Nonapplicability.
6 86:770 92–463 14 352 93–348 21 1(a) Non applicability.
6 86:770 92–163 14(a) 896 93–406 512(e) Nonapplicability.
6 86:770 92–463 14(a) 1688 93–523 2(a) Nonapplicability.
6 86:770 92–463 14(a) 2229 93–641 3 Nonapplicability.
13 86:807 92–489 6(2) 1153 93–420 1(a) Amendment.
13 86:807 92–489 7 1 153 93–420 1(b) Amendment.
18 86:816 92–500 2, “Sec. 104 (a)(1)” 1924 93–592 1(a) Amendment.
18 86:816 92–500 2, “Sec. 104 (a)(2)” 1924 93–592 1(b) Amendment.
18 86:8)6 92–500 2, “Sec. 104 (u)(3)” 1924 93–592 1(c) Amendment.
18 86:816 92–500 2. “Sec. 104 (a)(4)” 1924 93–592 1(d) Amendment.
18 86:816 92–500 2. “Sec. 104 (u)(5)” 1924 93–592 1(e) Amendment.
18 86:816 92–500 2. “Sec. 104 (u)(6)” 1924 93–592 1(f) Amendment.
18 86:816 92–500 2, “Sec. 105 (h)” 1925 93–592 2 Amendment.
18 86:816 92–500 2, “Sec. 106 (a)(2)” 1925 93–592 3 Amendment.
18 86:816 92–500 2, “Sec. 112 (c)” 1925 93–592 4 Amendment
18 86:816 92–500 2, “Sec. 311 (k)” 10 93–248 17 Supplemental provision.
18 86:816 92–500 2. “Sec. 315 (h)” 1925 93–592 5 Amendment.
20 86:919 92–512 145 158 93–288 414(c)(1), (2) Addition.
20 86:947 92–513 301–303 1485 93–192 301(a)(1). (2) Prt. A designation added; amendment.
20 86:947 92–513 304 1485 93–492 301(a)(3) Sec. 304 redesignated as 321.
20 86:947 92–513 311 1485 93–492 301(a)(4) Addition (prt. B).
20 86:947 92–513 321 1485 93–192 301(a)(3), (4) Former sec. 304 redesignated as 321 (prt. C).
21 86:1027 92–522 207 1205 93–433 .......... Exception.
23 86:1052 92–532 2 50, 51 93–254 1(1). 2 Amendment.
23 86:1052 92–532 2(c) 50, 51 93–254 1(1), 2 Addition
23 86:1052 92–532 3(c) 50, 51 93–254 1(2)(A), 2 Amendment.
23 86:1052 92–532 3(f) 51 93–254 1(2)(B), 2 Amendment.
23 86:1052 92–532 3(1) 51 93–254 1(2)(C), 2 Addition.
23 86:1052 92–532 101 51 93–254 1(3). 2 Revision.
23 86:1052 92–532 102(a) 51 93–254 l(4)(A)(i), (ii), 2 Amendment.
23 86:1052 92–532 102(a) 51 93–254 l(4)(A)(iii), 2 Amendment; effective date.
23 86:1052 92–532 102(e) 51 93–254 1(4)(B). 2 Addition; effective date.
B67
Provisions affected Amendatory provisions
Date Statutes
vol.:page		 Public
Law		 Section Statutes
vol.: page		 Public
Law		 Section Comment
1972              
Oct.  23 86:1052 92–532 111 1430 93–472 .......... Amendment.
24 86:1074 92–540 604(a) 292 93–337 3 Amendment.
24 86:1074 92–540 604(b) 292 93–337 3 Amendment.
25 86:1135 92–545 101 1747 93–552 104(a) Amendments.
25 86:1135 92–545 101 1747 93–552 104(b) Amendment.
25 86:1135 92–545 101 1762 93–552 605()(B)-(H) Exception.
25 86:1135 92–545 201 1752 93–552 205(a) Amendments.
25 86:1135 92–545 201 1752 93–552 205(b) Amendment.
25 86:1135 92–545 201 1762 93–552 605(3)(l), (J) Exception.
25 86:1135 92–545 301 1762 93–552 605(3)(K) Exception.
25 86:1135 92–545 501(a)(2) 1763 93–552 605(4) Exception.
25 86:1135 92–545 702(1) 1748 93–552 104(c) Amendment.
25 86:1135 92–545 702(2) 1752 93–552 205(c) Amendment.
25 86:1135 92–545 705(b) 1762 93–552 605(4) Exception.
25 86:1172 92–558 101(c) 238 93–313 .......... Amendment. (See also 1937, P.L. 415, secs. 3 and 4(b).)
25 86:1172 92–558 201(b) 238 93–313 .......... Amendment.
25 86:1174 92–560 6(a) 2096 93–621 2 Amendment.
25 86:1181 92–566   1873 93–573 104 Copyright terms, extension.
26 86:1184 92–570 715 179 93–294 3, 6 Amendment.
27 86:1266 92–578 4(b) 1170 93–427 1 Subsec. (b) redesignated as (c); new added.
27 86:1266 92–578 4(c) 1170 93–427 1 Former subsec. (b) redesignated as (ck
27 86:1266 92–578 7(b) 1 170 93–427 2(i), (ii) Amendment.
27 86:1266 92–578 17 1 170 93–427 3 Amendment.
27 86:1299 92–589 2(a) 1741 93–544 .......... Amendment.
27 86:1319 92–597 1, “Secs. 1–6” 1066 93–408 .......... Revision.
30 86:1329 92–603 249B 422 93–368 8 Amendment. (See also 1935, P.L. 271, sec. 1903(a)(4).)
30 86:1329 92–603 401(b)(1) 291 93–335 1(b), (c) Effective date of 1973 amendment, extension.
3i 86:1498 92–607 .......... 206 93–305 .......... Amendment.
31 86:1498 92–607 506(a)(4) 429 93–371 3(e), (f) Repeal.
31 86:1498 92–607 506(c) 429 93–371 3(e). (f) Partial repeal.
31 86:1498 92–607 506(d) 429 93–371 3(e). (f) Repeal.
1973          
June  18 87:91 93–45 401(c)(1) 353 93–348 214(a)(1), (2) Existing text designated as (I); pars. (1), (2) redesignated as subpars. (A), (B).
18 87:91 93–45 401(c)(2) 353 93–348 214(a)(3) Addition. (Former par. (2) redesignated as subpar. (B).)
18 87:91 93–45 401(d) 353 93–348 214(b) Addition.
July  6 87:143 93–60 101(b)(1) 1)9 93–276 107(e)(1), (2) Amendments.
6 87:143 93–60 101(b)(2) 119 93–276 107(e)(3) Amendment.
9 87:152 93–66 212(a)(3)(B) (i) 291 93–335 2(a), (b) Amendment; effective date.
10 87:168 93–70 1(b) 234 93–308 .......... Amendment.
Aug.  10 87:221 93–86 3(b) 291 93–335 1(b), (c) Effective date; temporary suspension; extension. (See also 1964, P.L. 88–525, sec. 3(e).)
10 87:221 93–86 4(a) 340 93–347 1 Revision.
B68
Provisions affected Amendatory provisions
Date Statutes
vol.:page		 Public
Law		 Section Statutes
vol.: page		 Public
Law		 Section Comment
1973              
Aug.  10 87:221 93–86 4(c) 291 93–335 1(b), (c) Effective date; temporary suspension; extension.
13 87:250 93–87 104(a)(9) 2281 93–643 102(a) Revision.
13 87:250 93–87 147 2282 93–643 103 Revision.
13 87:250 93–87 163(a)(1) 2282 93–643 104 Subsec. (a) redesignated as par. (a)(1).
13 87:250 93–87 163(a)(2) 2282 93–643 104 Addition.
13 87:250 93–87 164(a) 737 93–383 813(b)(3) Amendment.
13 87:250 93–87 164(a)(3) 737 93–383 813(b)(1), (2) Deletion.
13 87:250 93–87 165(b) 2283 93–643 105(b) Revision.
13 87:250 93–87 203 211 93–305 .......... Transfer of funds.
13 87:250 93–87 230 211 93–305 .......... Transfer of funds.
16 87:342 93–100 7(d)(2) 1507 93–495 114(a), (b) Amendment; effective date.
Sept.  21 87:352 93–110 3(b) 445 93–373 2 Repeal; new subsec. (b) added; effective date.
21 87:352 93–110 3(c) 445 93–373 2 Repeal; new subsec. (c) added.
26 87:355 93–112 3(a) 1617 93–516 101(a), (b) Revision.
26 87:355 93–112 7(b) 1619 93–516 111(a) Amendment.
26 87:355 93–112 100(b)(1) 1618 93–516 102(a)(1) Amendment.
26 87:355 93–112 100(b)(2) 1618 93–516 102(a)(2) Amendment.
26 87:355 93–112 101(a)(6) 1619 93–516 111(b) Amendment.
26 87:355 93–112 101(a)(9)(C) 1620 93–516 111(c) Amendment.
26 87:355 93–112 l01(a)(15) 1620 93–516 111(d) Amendment.
26 87:355 93–112 102(a) 1620 93–516 111(e)(1) Amendments.
26 87:355 93–112 102(c)(1) 1620 93–516 111(e)(2) Amendment.
26 87:355 93–112 102(c)(2) 1620 93–516 1 11(e)(3) Amendment.
26 87:355 93–112 102(c)(3) 1620 93–516 111(e)(4) Amendment.
26 87:355 93–112 112(a) 1618, 1620 93–5 16 102(b), 1 11 (f)(1). (2) Amendment.
26 87:355 93–112 121(b) 1618 93–516 102(c) Amendment.
26 87:355 93–112 130(b) 1621 93–516 111(g) Amendment.
26 87:355 93–1 12 201(a)(1) 1618 93–5)6 103(1). (2) Amendment.
26 87:355 93–112 201(a)(2) 1618 93–5 16 103(3) Amendment.
26 87:355 93–112 202(a) 1621 93–5 16 111(h) Amendment.
26 87:355 93–112 301(a) 1618 93–516 104(1), (2) Amendment.
26 87:355 93–112 302(a) 1619 93–516 105 Amendment.
26 87:355 93–112 304(a)(1) 1619 93–516 106 Amendment.
26 87:355 93–112 304(b)(2) 1621 93–516 111(i)(2) Amendment.
26 87:355 93–112 304(b)(3) 1621 93–516 111(i)(1) Addition.
26 87:355 93–112 304(c) 1621 93–516 111(j) Amendment.
26 87:355 93–112 304(e)(1)(B) 162) 93–516 111(k) Amendment.
26 87:355 93–112 305(a) 1619 93–516 107 Amendment.
26 87:355 93–112 306(b) 1621 93–516 111(1) I Amendment.
26 87:355 93–112 306(b)(4) 1621 93–516 111(1)(2) Amendment.
26 87:355 93–112 403 1619 93–516 108 Amendment.
26 87:355 93–112 405(c) 1621 93–5 16 111(m)(l), Amendment.
26 87:355 93–112 405(d) 1619 93–516 109 Amendment.
26 87:355 93–112 502(a) 1621 93–516 111(n)(2) Amendment.
26 87:355 93–112 502(a)(6)–(9) 1621 93–516 111(n)(l) Cis. (6M8) redesignated as (7)–(9); new (6) added.
26 87:355 93–112 502(d) 1621, 1622 93–516 111(o)(1)(2) Amendment.
26 87:355 93–112 502(e) 1622 93–516 111(p) Amendment.
26 87:355 93–112 502(g) 1622 93–516 111(q) Amendment.
26 87:355 93–112 502(h) 1 1619 93–516 110 Amendment.
Oct.  1 87:417 93–114 1978 93–617 1 Amendment.
4 87:429 93–120 .......... 282 93–324 101(b) Supplemental provision.
B69
Provisions affected Amendatory provisions
Date Statutes
vol.:page		 Public
Law		 Section Statutes
vol.: page		 Public
Law		 Section Comment
1973            
Oct.  18 87:451 93–126 2(a)(1) 237 93–312 1 Amendment.
18 87:451 93–126 2(a)(2) 237 93–312 2 Amendment.
18 87:451 93–126 2(a)(3) 237 93–312 3 Amendment.
18 87:451 93–126 2(a)(4) 237 93–312 4 Amendment.
18 87:451 93–126 2(b)(1) 237 93–312 5 Amendment.
18 87:451 93–126 2(b)(2) 238 93–312 6 Amendment.
18 87:451 93–126 2(c) 238 93–312 7 Amendment.
18 87:451 93–126 6 1440 93–475 4(a). (b) Amendment.
18 87:451 93–126 9(a)-(c) 238 93–312 9 Existing text designated as (a); new subsecs, (b), (c) added.
18 87:455 93–127 4 1739 93–541 5 Amendment.
18 87:455 93–127 6 1739 93–541 4 Addition.
19 87:456 93–129 8(a) 781 93–392 1(1), (2) Amendment.
19 87:461 93–132 4 1978 93–617 2 Amendment.
30 87:510 93–143 201 354 93–349 3 Transfer of funds, termination of requirement.
Nov.  27 87:627 93–159 4(g) 1608 93–511 .......... Amendment.
87:661 93–166 .......... 234 93–307 302 Applicability.
29 87:661 93–166 101–513 1761 93–552 605(1), (2) Partial repeal, with exception.
29 87:661 93–166 101 1747 93–552 103(a) Amendment.
29 87:661 93–166 105(b) 1748 93–552 106 (See 1971, P,L. 92, 145, sec. 702(1))
29 87:661 93–166 201 1752 93–552 206(a) Amendments.
29 87:661 93–166 204(e) 406 93–365 704 Addition.
29 87:661 93–166 301 1755, 1756 93–552 304(a)(1)–(14) Amendment.
29 87:661 93–166 507(b) 1759 93–552 507(b) Amendment.
29 87:661 93–166 602(1) 1747 93–552 103(b) Amendment.
29 87:661 93–166 602(2) 1752 93–552 206(b) Amendment.
29 87:661 93–166 602(3) 1756 93–552 304(b) Amendment.
29 87:661 93–166 605 1762 93–552 605(3) Exception.
Dec, 3 87:691 93–173 1 285 93–325 2 Repeal. (See also 1917, PL. 43, sec. 21).
15 87:707 93–182 3(a) 1209 93–434 1(1) Amendment.
15 87:707 93–182 3(e) 1209 93–434 1(2) Addition.
15 87:707 93–182 4(a) 1209 93–434 2 Amendment.
17 87:714 93–189 29 1803 93–559 29(b) Repeal.
18 87:737 93–191 5(d) 52 93–255 3(a) Amendment.
18 87:737 93–191 6(a) 52 93–255 3(b) Amendment.
18 87:746 93–192 .......... 282, 283 93–324 101(b), (d) Supplemental provision.
20 87:766 93–194 .......... 282 93–324 101(b) Supplemental provision.
24 87:774 93–198 204(g) 793 93–395 1(1) Partial repeal.
24 87:774 93–198 401(b)(3) 793 93–395 1(2) Par. (3) redesignated as (4); new (3) added.
24 87:774 93–198 401(b)(4) 793 93–395 1(2) Former par. (3) redesignated as (4).
24 87:774 93–198 441 793 93–395 1(3) Amendment.
24 87:774 93–198 462(1) 793 93–395 1(4) Revision.
24 87:774 93–198 465 793 93–395 1(5) Amendment.
24 87:774 93–198 466 793 93–395 1(6) Amendment.
24 87:774 93–198 493(b) 2178 93–635 17 (See 1913, P.L. 435, sec. 8. par. 97(a).)
24 87:774 93–198 502 793 93–395 1(7) Revision.
24 87:774 93–198 602(a)(4) 1093 93–412 2 Non applicability.
24 87:774 93–198 703(a) 93 93–272 .......... Amendment.
24 87:774 93–198 722 472 93–376 708, 705 Supplemental provision.
24 87:774 93–198 724 86 93–268 3(a)-(c) Addition; effective date.
24 87:774 93–198 741 87 93–268 4(C) Repeal.
B70
Provisions affected Amendatory provisions
Date Statutes
vol.:page		 Public
Law		 Section Statutes
vol.: page		 Public
Law		 Section Comment
1973              
Dec.  24 87:774 93–198 771 793 93–395 1(8) Revision.
24 87:774 93–198 771(e) 87 93–268 3(c) Amendment.
28 87:839 93–203 201 1849 93–567 106(a) Amendment.
28 87:839 93–203 202(a) 1849 93–567 106(b) Amendment.
28 87:839 93–203 204(a)(2) 1849 93–567 106(c) Amendment.
28 87:839 93–203 204(d) 1845 93–567 101 Applicability.
28 87:839 93–203 204(d)(1) 1849 93–567 106(d)(1) Amendment.
28 87:839 93–203 204(d)(3) 1849 93–567 106(d)(2) Amendment.
28 87:839 93–203 205–211 1845 93–567 101 Applicability.
28 87:839 93–203 205(a) 1846 93–567 101 Exception,
28 87:839 93–203 205(a) 1849 93–567 106(e) Amendment.
28 87:839 93–203 205(b) 1846 93–567 101 Exception.
28 87:839 93–203 205(c)(3) 1849 93–567 106(f) Amendment.
28 87:839 93–203 205(c)(4) 1846 93–567 101 Exception.
28 87:839 93–203 205(c)(6) 1846 93–567 101 Exception.
28 87:839 93–203 205(c)(16) 1846 93–567 101 Exception.
28 87:839 93–203 205(c)(l9) 1846 93–567 101 Exception.
28 87:839 93–203 208(a)(6) 1846 93–567 101 Exception
28 87:839 93–203 209(a) 1848 93–567 105 Existing text designated as subsec. (a).
28 87:839 93–203 209(b) 1848 93–567 105 Addition.
28 87:839 93–203 210 1849 93–567 106(g) Amendment.
28 87:839 93–203 211(a) 1847 93–567 103 Sec, title amended; existing text designated as subsec. (a).
28 87:839 93–203 211(b) 1847 93–567 103 Addition.
28 87:839 93–203 601–615 1845 93–567 101 Secs. 601–615 (title VI) redesignated as 701–715 (title VII); new secs. 601–606 (title VI) added.
28 87:839 93–203 602(a) 1846 93–567 101 Exception.
28 87:839 93–203 602(b) 1846 93–567 101 Exception.
28 87:839 93–203 701–715 1845 93–567 101 Former secs. 601–615 (title VI) redesignated as 701–715 (title VII).
28 87:839 93–203 701(a)(7) 1849 93–567 107(a), (b) Amendment.
28 87:839 93–203 701(a)(14) 1849 93–567 107(c) Addition.
28 87:839 93–203 703(1) 1849 93–567 107(d) Amendment.
29 87:913 93–221 1 1978 93–617 3 Amendment.
31 87:947 93–233 8(a)(1) 291 93–335 1(a), (c) Amendment. (See also 1964, P.L. 88–525. sec. 3(e).)
31 87:947 93–233 8(a)(2) 291 93–335 1(b), (c) Amendment. (Sec also 1973, P.L. 93–86, sec. 3(b).)
31 87:947 93–233 8(b)(1) 291 93–335 1(b), (c) Amendment. (See also, 1973, P.L. 93–86, sec. 4(c).)
31 87:947 93–233 8(b)(2) 291 93–335 1(b), (c) Amendment. (See also 1949, P.L. 439, sec. 416.)
31 87:947 93–233 8(b)(3) 291 93–335 1(b), (c) Amendment.
31 87:947 93–233 8(e) 291 93–335 1(b), (c) Amendment. (See also,
          1972, P.L. 92–603, sec. 401(b)(1).)
31 87:947 93–233 12(a) 2349. 2351 93–647 3(g), 7(b) Amendment; exception.
31 87:947 93–233 15(c)(2) 422 93–368 7(a) Amendment.
31 87:947 93–233 15(c)(5) 422 93–368 7(b) Amendment.
31 87:947 93–233 15(d) 422 93–368 7(c) Amendment. (See also 1935, P.L. 271, sec. 1861(b)(7).)
B71
Provisions affected Amendatory provisions
Date Statutes
vol.:page		 Public
Law		 Section Statutes
vol.: page		 Public
Law		 Section Comment
1974              
Jan.  2 87:984 93–235 .......... 49 93–252 .......... Amendment. (See also 1946, P.L. 304, sec. 5(b)(3).)
2 87:985 93–236 207(a)(1) 1464 93–488 1(a) Amendment.
2 87:985 93–236 207(c) 1464 93–488 1(b) Amendment.
2 87:985 93–236 214(c) 1464 93–488 1(c) Amendment.
2 87:985 93–236 402(c)(1)–(4) 1464 93–488 1(d) Existing text designated as par. (I); pars. (1)–(4) redesignated as subpars. (A)-(D) of subsec. (c)(1); par. (2) added.
2 87:985 93–236 403(a) 1465 93–488 1(e) Amendment.
2 87:1026 93–238 .......... 282 93–324 101(b) Supplemental provision.
2 87:1026 93–238 715 179 93–294 3, 6 Amendment.
2 87:1046 93–239 2 2286 93–643 1 14(c) Repeal.
2 87:1046 93–239 3(d) 2289 93–643 120(a) Amendment.
2 87:1049 93–240 .......... 199 93–305 .......... Amendments.
2 87:1049 93–240 .......... 282 93–324 101(b) Supplemental provision.
3 87:1071 93–245 .......... 282, 283 93–324 101(b), (d) Supplemental provision.
31 88:4 93–247 2(c) 2310 93–644 8(d)(1) Addition.
31 88:4 93–247 4(e) 2310 93–644 8(d)(2) Addition.
Mar.  7 88:12 93–251 106 1659 93–520 Amendment.
May  7 88:96 93–275 15(a)(4) 1242 93–438 109(b) Supplemental provision.
88:115 93–276 101(a) 1878 93–576 1, 3 Amendment; limitation.
10 88:115 93–276 l01(b)(ll) 1878 93–576 2, 3 Amendment; limitation.
June  7 88:192 93–303 .......... 1420 93–466 1(2) Applicability. (See also 1964, P.L. 88–578, Sec. 4.)
8 88:195 93–305 .......... 282 93–324 101(b) Supplementary provisions.
8 88:195 93–305 .......... 283 93–324 101(d) Supplemental provision.
8 88:233 93–307 401 406 93–365 705 Amendment.
30 88:281 93–324 .......... 1363 93–448 4 Exception.
30 88:281 93–324 .......... 1867 93–570 4 Exception.
30 88:281 93–324 101(b) 1363 93–448 3 Amendment.
30 88:281 93–324 101(b) 1867 93–570 3 Amendment.
30 88:281 93–324 101(d) 1867 93–570 2 Amendment.
30 88:281 93–324 101(e) 1363 93–448 2 Amendment.
30 88:281 93–324 102(a) 1363 93–448 1(b) Amendment.
30 88:281 93–324 102(c) 1363 93–448 1(a) Amendment.
30 88:281 93–324 102(c) 1867 93–570 1 Amendment.
30 88:281 93–324 112 1363 93–448 4 Addition.
30 88:281 93–324 113 1363 93–448 5 Addition.
30 88:281 93–324 114 1867 93–570 4 Addition.
July  12 88:340 93–346 .......... 1764, 1765 93–552 609(a), (b) Revision.
Aug.  13 88:424 93–371 .......... 281, 284 93–324 101(a)(1), (h) Supplemental provision.
14 88:446 93–376 301(a) 2177 93–635 12 Amendment.
14 88:446 93–376 306(b)(2) 2178 93–635 14(a) Amendment.
14 88:446 93–376 601(c) 2178 93–635 14(b) Amendment.
21 88:613 93–381   281 93–324 101(a)(1) Supplemental provision.
22 88:633 93–383 201(a) 726 93–383 804 Restriction.
22 88:633 93–383 201(a), “Sec. 3(f)” 668 93–383 202 Supplemental provision.
24 88:750 93–387 5 1367 93–449 4(e) Revision.
28 88:768 93–391 .......... 281 93–324 101(a)(1) Supplemental provision.
B72
Provisions affected Amendatory provisions
Date Statutes
vol.:page		 Public
Law		 Section Statutes
vol.: page		 Public
Law		 Section Comment
1974              
Aug.  28 88:768 93–391 302 1779 93–554   Exception.
28 88:782 93–393 .......... 281 93–324 101(a)(1) Supplemental provision.
28 88:782 93–393 .......... 1778 93–554 .......... Exception.
31 88:822 93–405 .......... 281 93–324 101(a)(1) Supplemental provision.
Sept.  2 88:829 93–406 4045(a) 1034 93–406 4081(b) Time limitation, extension.
3 88:1036 93–407 101(a)(5)–(7) 2175 93–635 2(c) Repeal. (See also 1958, P.L. 85–584, sec. 302.)
3 88:1036 93–407 103(a) 2175 93–635 3(a), (d) Amendment; effective date.
3 88:1036 93–407 103(a) 2179 93–635 18(a) Amendment.
3 88:1036 93–407 103(d) 2179 93–635 18(b) Addition. (See also 1958, P.L. 85–584, sec. 301(a), (b).)
3 88:1036 93–407 122(d) 2179 93–635 19 Addition.
3 88:1036 93–407 124(a) 2175 93–635 3(b), (d) Amendment; effective date. (See also 1916, P.L. 250, sec. 12(a)(3).)
3 88:1036 93–407 124(c) 2175 93–635 3(C), (d) Amendment; effective date. (See also 1916, P.L. 250. sec. I2(m)(2).)
3 88:1036 93–407 202(2) 2175 93:635 5(1). (2) Amendment (See 1955, P.L. 243, sec. 1.)
3 88:1036 93–407 413(c) 2176 93–635 6(a)(1),(2) Amendment.
3 88:1036 93–407 413(d) 2176 93–635 6(a)(1), (2) Amendment.
3 88:1036 93–407 413(e) 2176 93–635 6(b), (h) Amendment.
3 88:1036 93–407 421(a) 2176 93–635 6(c), (h) Amendment.
3 88:1036 93–407 421(f) 2176 93–635 6(d), (h) Amendment.
3 88:1036 93–407 422(b) 2176 93–635 6(e), (h) Amendment.
3 88:1036 93–407 426(i) 2176 93–635 6(g). (h) Amendment
3 88:1036 93–407 426(f) 2176 93–635 6(0, (h) Amendment.
3 88:1036 93–407 431(a) 2178 93–635 15(a) Amendment.
3 88:1036 93–407 431(b) 2178 93–635 15(b) Amendment.
3 88:1036 93–407 432 2178 93–635 15(c) Amendment.
3 88:1036 93–407 433 2178 93–635 15(d) Revision.
3 88.1036 93–407 434 2178 93–635 15(e) Revision.
3 88:1036 93–407 441 2177 93–635 8(a). (e) Amendment.
3 88:1036 93–407 451 2176 93–635 7(a)(1)(A), (B), (2) Amendment.
3 88:1036 93–407 473 2177 93–635 8(b). (e) Amendment.
3 88:1036 93–407 474(b) 2177 93–635 8(c), (e) Amendment.
3 88:1036 93–407 477 2177 93–635 8(d). (e) Amendment.
6 88:1095 93–414 .......... 281 93–324 101(a)(1) Supplemental provision.
Oct.  5 88:1187 93–433 .......... 281 93–324 101(a)(1) Supplemental provision.
11 88:1233 93–438 307(a) 1894 93–577 15(c) Supplemental provision.
16 88:1305 93–445 101, “Sec. 2 (a)(l)(i)-(v)” 1352 93–445 204(a) Supplemental provision.
16 88:1305 93–445 101, “Sec. 2 (a)(l)(i)” 1352 93–445 202(a), 203 (a) Supplemental provision.
16 88:1305 93–445 101, “Sec. 2 (a)(l)(ii)” 1354 93–445 204(b) Restriction.
16 88:1305 93–445 101, “Sec. 2 (b)” 1354 93–445 205(b) Restriction.
16 88:1305 93–445 101, “Sec. 2 (b)(1)” 1354 93–445 205(a) Supplemental provision.
16 88:1305 93–445 101, “Sec. 2 (c)” 1354 93–445 206 Supplemental provision.
B73
Provisions affected Amendatory provisions
Date Statutes
vol.:page		 Public
Law		 Section Statutes
vol.: page		 Public
Law		 Section Comment
1974            
Oct.  16 88:1305 93–445 101, “Sec. 2 (d)” 1356 93–445 207 Supplemental provision.
16 88:1305 93–445 101. “Sec. 3 (e)” 1354 93–445 205(a) Exception.
17 88:1363 93–448 6 1868 93–570 5 Revision.
26 88:1431 93–473 .......... 1438 93–473 16 Transfer of functions.
26 88:1455 93–481 4(a) 2178 93–635 16 Amendment.
Dec.  7 88:1634 93–517 .......... 281 93–324 101(a)(1) Supplemental provision.
30 88:1795 93–559   1867 93–570 3, 4 Applicability.
30 88:1795 93–559 36(c) 1812 93–559 41 Non applicability.
30 88:1795 93–559 38 1812 93–559 41 Nonapplicability.
30 88:1795 93–559 39 1812 93–559 41 Nonapplicability. (See also 1961, P.L. 87–1 95, secs. 655(a), (b), 656.)
30 88:1795 93–559 40 1812 93–559 41 Nonapplicability.
31 88:1822 93–563 .......... 281 93–324 101(a)(1) Supplemental provision.
1975            
Jan.  3 88:1978 93–618 503(b) 2068 93–618 502(d) Applicability.
3 88:1978 93–618 504(c) 2068 93–618 502(d) Applicability.
C1 SUBJECT INDEX Note: Part 1 contains pages 1–1362; Part 2 contains pages 1363–2545. Page Absentee Shawnee Tribe, Okla., lands held in trust for 1922 Accounts, Bureau of, appropriation for 210, 212, 225, 614 ACTION:  Appropriation for 227, 1649  Indian Financing Act of 1974, management and technical assistance, cooperation 83  Peace Corps, readjustment allowance, waiver of claims 191  Retired Senior Volunteer Program, local contributions, restrictions 358 Actuaries, Joint Board for the Enrollment of, establishment 1002 Adjustment Assistance Coordinating Committee, establishment 2040 Administrative Conference of the United States:  Appropriation for 619  Commerce, unfair or deceptive practices in or affecting, rulemaking procedures, study 2198  Oil spills, uniform law for liability, study 2145 Adult Education, National Advisory Council for, reports to by State advisory councils, recommendations 578 Adult Education Act:  Amendments—   Advisory councils, extension 612   Programs, extension and revision 576–579   Puerto Rico, treatment as a State 611  Appropriation for effecting provisions 1775 Adult Education Clearinghouse, establishment 577 Advisory Board on Child Abuse and Neglect, establishment 7 Advisory Commission on Intergovernmental Relations:  Appropriation for 228, 620, 1781  Deposit insurance coverage for public fund accounts, impact study 1502 Advisory Committee for Trade Negotiations, establishment 1996 Advisory Committee on Federal Pay, appropriation for 620 Advisory Committee to the Administrator on Standards for the Administration of Juvenile Justice, establishment 1118 Advisory Council on Education Statistics, establishment 556 Advisory Council on Employee Welfare and Pension Benefit Plans, establishment 895 Aeronautics and Space Act of 1958, National, Amendments:  Experts and consultants, pay 243  Solar heating and cooling, activities 1070  Aeronautics and Space Administration, National. See National Aeronautics and Space Administration. National Aeronautics and Space Administration Authorization Act, 1975 240  Appropriation for effecting provisions 1100, 1101 Aeronautics Board. Civil:  Appropriation for 212, 227, 778  High-speed ground transportation between major west coast cities, feasibility study, consultation 1532  International air transportation, discriminatory and unfair practices, review 2102  Property restricted from aircraft cabins, liability, regulations 418 Africa:  Angola, Mozambique, and Guinea-Bissau, independence of, U.S. policy on 1816  Disaster relief to drought stricken nations of 290  Economic assistance to, policy 1816  Portugal and Portuguese colonies gaining independence, assistance 1818 Age Discrimination in Employment Act of 1967, Amendment, federal government employment 74 Aged. See Elderly Persons. Aging, Administration on, commissioner, delegation of functions, modification 357 Aging, National Advisory Council on, establishment 185 Aging, National Institute on, establishment 185 Aging Act of 1974, Research on 184 Agricultural Act of 1954, appropriation for effecting provisions 1828 Agricultural Act of 1956, appropriation for effecting provisions 817 Agricultural Act of 1961, appropriation for effecting provisions 1827 Agricultural Act of 1970, appropriation for effecting provisions 1838, 1839 Agricultural Adjustment Act, modification of duties on certain commodities, proclamations 2437, 2441, 2457, 2487 Agricultural Adjustment Act of 1938:  Amendments—   Tobacco acreage allotments or quotas, N.C., emergency lease or transfer 1416   Tobacco marketing quotas 1089  Appropriation for effecting provisions 1829 Agricultural Commodities. See also individual commodities.  Emergency mass feedings or distribution, purchase of 157  Purchase for domestic food assistance programs, extension 340  Shortages and increased prices, impact analysis 1552  Tariff schedules, proclamations 2437, 2440, 2457, 2487C2 Agricultural Commodities Act, 1930, Perishable, Amendment, marketing practices, violation, monetary penalty 423 Agricultural Credit, foreign assistance programs relating to 1796 Agricultural Library, National, appropriation for 1826 Agricultural Marketing Act of 1946, appropriation for effecting provisions 1825–1828 Agricultural Marketing Agreement Act of 1937, appropriation for effecting provisions 1827 Agricultural Marketing Service, appropriation for 217, 1827 Agricultural Research Service, appropriation for 217, 1823 Agricultural Stabilization and Conservation Service, appropriation for 1828, 1838 Agricultural Trade Development and Assistance Act of 1954, appropriation for effecting provisions 440, 627, 1188, 1823, 1828 Agriculture, Department of:  Agricultural Act of 1954, appropriation for effecting provisions 1828  Agricultural Act of 1956, appropriation for effecting provisions 817  Agricultural Act of 1961, appropriation for effecting provisions 1827  Agricultural Act of 1970, appropriation for effecting provisions 1838, 1839  Agricultural Adjustment Act, modification of duties on certain commodities, proclamations 2437, 2441, 2457, 2487  Agricultural Adjustment Act of 1938—   Amendments—    Tobacco acreage allotments or quotas, N.C., emergency lease or transfer 1416    Tobacco marketing quotas 1089   Appropriation for effecting provisions 1829  Agricultural Marketing Act of 1946, appropriation for effecting provisions 1825–1828  Agricultural Marketing Agreement Act of 1937, appropriation for effecting provisions 1827  Agricultural Marketing Service, appropriation for 217, 1827  Agricultural Research Service, appropriation for 217, 1823  Agricultural Stabilization and Conservation Service, appropriation for 1828, 1838  Agricultural Trade Development and Assistance Act of 1954, appropriation for effecting provisions 440, 627, 1188, 1823, 1828  Animal and Plant Health Inspection Service, appropriation for 195, 217, 1824  Appropriation Act, 1975 1822  Appropriation for 195, 201, 217, 815, 1822, 1836, 1841  Bankhead-Jones Farm Tenant Act, appropriation for effecting provisions 1831  Beekeepers, indemnity payments to, appropriation for 1829  Cascade Head Scenic-Research Area, Oreg., administration 1732  Cherry Creek exclusion, Calif., review Page of suitability for preservation as a wilderness and addition to Hoover Wilderness 2155  Child Nutrition Act of 1966—   Amendments—    Nonfood assistance program, additional funds authorized 287    Special milk program, reimbursement, minimum rate 341    Special supplemental food program, additional funds authorized 287   Appropriation for effecting provisions 195, 1827, 1841  Colorado River Basin salinity control programs, cooperation 270, 271  Commodities, shortages and increased prices, impact analysis 1552  Commodity Exchange Authority—   Appropriation for 217, 1828, 2108   Transfer of personnel, property, etc. to Commodity Futures Trading Commission 1392  Commodity Futures Trading Commission, liaison with; market investigations, cooperation 1390, 1414  Community development corporations, assistance to 2322  Conservation and rehabilitation on public land, cooperative Federal State programs 1369  Cooperative State Research Service, appropriation for 217, 1825  Dairy farmers and manufacturers, indemnity payments to, appropriation for 1829  Disaster areas—   Food commodities, coupons, and distribution 157   Timber sale contracts 158  Economic Research Service, appropriation for 217, 1826  Egg Research and Consumer Information Act 1171  Emergency Livestock Credit Act of 1974 391  Emergency mass feeding or distribution, purchase of commodities for 157  Extension Service, appropriation for 1825  Farm Credit Administration, appropriation for 227, 1834  Farmer Cooperative Service, appropriation for 217, 1828  Farmers Home Administration—   Appropriation for 217, 1832   Community development corporations, assistance to 2322   Rural Development Loan Fund, administration of, utilization of services 2320  Federal Crop Insurance Corporation, appropriation for 217  Federal Noxious Weed Act of 1974 2148  Fire control, watershed protection, and reforestation, assistance to Guam 1154  Food and Agriculture Act of 1965, appropriation for effecting provisions 1829  Food and Nutrition Service, appropriation for 195, 1840C3  Food Stamp Act of 1964—   Amendments—    Federal payments to States 341    Supplemental security income recipients, eligibility extension 291   Appropriation for effecting provisions 1841  Foreign Agricultural Service, appropriation for 217, 1828  Forest Service—   Appropriation for 201, 218, 805, 815   Budget authority, rescission of certain 1711   Pueblo of Acoma Tribe, N. Mex., land exchange 1738   Tree planting, assistance to States, appropriation for 817  Forestry incentives program, appropriation for 1839  General Counsel, Office of the, appropriation for 217, 1823  General provisions, Appropriations Act 1842  Grapes and plums, export grade standards 1966  Hatch Act (experiment stations), appropriation for effecting provisions 1825  Inspector General, Office of the, appropriation for 217, 1822  Interior, Department of the, transfer of certain funds from 268 Land conveyances—   Board of Education, Lee County, S.C 1383   Jasper County Board of Education, Ga 2361  Lands in Allegany County, N.Y., release of conditions for conveyance to New York State 1382  Milk program, special—   Appropriation for 1841   Reimbursement, minimum rate 341  National Agricultural Library, appropriation for 217, 1826  National Forests. See separate title.  National School Lunch Act. See separate title.  National School Lunch and Child Nutrition Act Amendments of 1974 286  Nutrition program for the elderly, level of assistance; food stamps, regulation of use 358  Organic Act of 1944, appropriation for effecting provisions 817, 1822, 1829, 1831, 1832, 1834, 1837, 1841, 1842  Packers and Stockyards Administration, appropriation for 217, 1828  Product sectors of manufacturing, establishment 1984  Recreation areas, use fees 192  Renewable Resource Assessment, preparation 476  Renewable Resource Program, preparation and report 477  Rural Development Act of 1972, appropriation for effecting provisions 1825, 1826  Rural Development Service, appropriation for 217, 1831  Rural Electrification Act of 1936, appropriation for effecting provisions 1831, 1832  Rural Electrification Administration, appropriation for 217, 1831  Rural housing 692  Secretary, Office of the, appropriation for 217, 1822  Smith-Lever Act, appropriation for effecting provisions 1825, 1826  “Smokey Bear”, name and character, use and reproduction 244  Soil Bank Act, appropriation for effecting provisions 1829  Soil Conservation and Domestic Allotment Act, appropriation for effecting provisions 1829, 1838  Soil Conservation Service, appropriation for 195, 217, 1836  Statistical Reporting Service, appropriation for 217, 1826  Trade agreements, assistance 1995, 1998  Water Bank Act, appropriation for effecting provisions 1829, 1839  Wilderness areas. See separate title.  “Woodsy Owl”, use and reproduction of name, character, or slogan, royalties and restrictions 244  Youth Conservation Corps—   Appropriation for 816    Expansion 1066    State projects, grant program 1067 Agriculture and Consumer Protection Act of 1973:  Amendment, domestic food assistance programs, purchase of agricultural commodities for, extension 340  Appropriation for effecting provisions 1829 Agriculture-Environmental and Consumer Protection Appropriation Act, 1975 1822 Air and Space Museum, National, appropriation for 820 Air Force, Department of the. See also Armed Forces; Defense, Department of.  Active duty personnel strength 401  Aircraft, missiles, etc.—   Appropriation for procurement 198, 1221   Research and development, appropriation authorization 233, 400, 401  Appropriation for 196, 219, 1213  Band, sale of recordings for American Revolution Bicentennial 1868  Civilian personnel strength 403  Commissioned officer strength 795  Family housing, appropriation for 2181  Flying units, command 1695  Medical officers in initial residency, continuation pay 792  Military Construction Appropriation Act, 1975 2179  Military Construction Authorization Act, 1975 1752  Military training, student load 404  National Guard. See Air under National Guard.  Operation and maintenance, appropriation for 196, 1215  Personnel and equipment, loan to Bureau of Sport Fisheries and Wildlife 124  Physicians, dentists, and medical officers, revised pay structure 94, 95  Procurement, appropriation for 198, 1221, 1222  Reporting requirements, elimination of certain 1968  Research, development, etc., appropriation for 198, 1223C4  Reserve components—   Appropriation for 1214   Aviation career incentive pay 179   Deceased members, presentation of flag for 176   Facilities, construction, etc 1770   Military construction, appropriation for 2181   Military training, student load 404   Operation and maintenance, appropriation for 197, 1217   Selected Reserve, strength 402  Reserve Forces Facilities Authorization Act, 1975 1770 Air Pollution. See Pollution. Air Transportation Fair Competitive Practices Act of 1974, International 2102 Air Transportation Security Act of 1974 415 Aircraft:  Antihijacking Act of 1974 409  Grand Canyon National Park, Ariz., operation within, regulation 2091  Passenger-carrying, transportation of radioactive materials on, regulations 2159 Aircraft, Missiles, Vessels, Etc., Armed Forces:  Appropriation authorization 233, 400  Appropriation for procurement 197, 198, 1218–1222 Aircraft, Vessels, Facilities, Etc., Coast Guard, appropriation authorization 1180 Airmen’s Home, United States Soldiers’ and, appropriation for 219, 1651 Airport and Airway Development Act of 1970, appropriation for effecting provisions 771 Alabama:  Cahaba River, segment designated for possible inclusion in the national wild and scenic rivers system 2094  Ozark, aviation museum, conveyance of site for 1767  Sipsey Fork River, segment designated for possible inclusion in the national wild and scenic rivers system 2095  Sipsey Wilderness, designation 2097  Tuskegee, syphilis study, payments to subjects 1638  Tuskegee Institute National Historic Site, establishment 1462 Alamogordo Dam and Reservoir, N. Mex., name changed to Sumner Dam and Lake Sumner 1363 Alaska:  Alaska Highway, appropriation for 774  Anchorage, land conveyance 1844  Archives and records, transfer from National Archives and Records Service 1740  Chamisso Wilderness, designation 2153  Ferry operations in 2284  Fishing vessels, certain inspection and loadline requirements, exemption 1182, 1183  Gospel Missionary Union, land conveyance 2384  Native American Programs Act of 1974 2324 Alaska, Joint Federal-State Land Use Planning Commission for, appropriation for 821 Alaska Native Claims Settlement Act, appropriation for effecting provisions 811 Alaska Native Fund, appropriation for 811 Alaska Power Administration, appropriation for 788 Alaska Railroad, appropriation for 776 Alcohol, Drug Abuse, and Mental Health, National Panel on, establishment 134 Alcohol, Drug Abuse, and Mental Health Administration:  Appropriation for 1640, 1773  Establishment 134  National Research Service Awards 342 Alcohol, Tobacco, and Firearms, Bureau of, appropriation for 225, 614 Alcohol Abuse and Alcoholism, Interagency Committee on Federal Activities for, establishment 133 Alcohol Abuse and Alcoholism, National Advisory Council on, National Panel on Alcohol, Drug Abuse, and Mental Health, member 134 Alcohol Abuse and Alcoholism, National Institute on:  Biomedical and behavioral research, peer review of grant applications and contracts, cooperation 360  Departmental position of 135  Interagency Committee on Federal Activities for Alcohol Abuse and Alcoholism, Chairman 133 Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1974, Comprehensive 125 Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, Comprehensive. See Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970. Alcohol and Drug Abuse Education Act, new title for the Drug Abuse Education Act of 1970 1154 Alcohol and Drug Abuse Education Act Amendments of 1974 1154 Alcoholism, counseling and recovery program 2299 Alcoholism and Intoxication Treatment Act, Uniform, grants for implementation 128 Aliens: [Note: For actions concerning individuals, see Individual Index, following this Subject Index.]  Amateur radio operator licenses, issuance to 1576  Defense, Department of, employment 1224  Energy Research and Development Administration, employment 1240  Farm labor contractors, employment by, prohibition 1655  Library of Congress, employment 441 Allergy and Infectious Diseases, National Institute of:  Appropriation for 1639  National Commission on Arthritis and Related Musculoskeletal Diseases, ex officio member 2218 Amendments of 1973 to Federal Law Relating to Explosives 2217 American Battle Monuments Commission, appropriation for 227, 1099 American Education Week, 1974, proclamation 2533C5 American Forestry Week and World Forestry Day, 1974, proclamation 2459 American Heart Month, 1974, proclamation 2444 American Historical Association, National Study Commission on Records and Documents of Federal Officials, appointment of member 1700 American Hospital of Paris, Incorporated, board of governors, membership 85 American Indian Policy Review Commission, establishment 1910 American Legion, membership, eligibility for 1792 American-Mexican Boundary Treaty Act of 1972, appropriation for effecting provisions 1190 American-Mexican Treaty Act of 1950, appropriation for effecting provisions 1190 American National Red Cross, disaster relief, cooperation 150 American Printing House for the Blind, appropriation for 1646 American Revolution Bicentennial:  Coinage, continuation of minting authority 1739  Military bands, sale of recordings 1868 American Revolution Bicentennial Administration, appropriation for 201, 228, 821 American Samoa:  Child abuse and neglect, demonstration programs, treatment as a State 2310  Excess Federal property, disposal 1926  Gifts sent from, duty and tax, exemption 2075  Handicapped children in, education programs, grants 581  Headstart programs, allotment of funds 2301  Medical facilities, modernization and construction projects, allotment of funds 2262  Public water system safety program 1693  Submerged lands, conveyance to 1210  Teacher corps assistance 605 American War Mothers, membership, extension 85 Amtrak. See National Railroad Passenger Corporation. Amtrak Improvement Act of 1974 1526 Anadromous Fish Conservation Act:  Amendments—   Extension 398   Sea lamprey control 398   State cooperative agreements, Federal share increase 398  Appropriation for effecting provisions 805 Angola, U.S. policy on independence of 1816 Animal and Plant Health Inspection Service, appropriation for 195, 217, 1824 Anti-Deficiency Act, Amendment, contingency or savings reserves, establishment 332 Antidumping Act, 1921, Amendment, anti-price discrimination 2043–2049 Antietam Battlefield, Md., elimination of reporting requirements 1969 Antihijacking Act of 1974 409 Antitrust Procedures and Penalties Act 1706 Apostle Islands National Lakeshore, Wis., appropriation ceiling increase 1445 Appalachian Regional Commission, appropriation for 790 Appalachian Regional Development Act Page of 1965:  Appropriation for effecting provisions 790  Budget authority under, rescission of certain 1711  Public facility and housing assistance, applications in areas affected by major disasters, priority 151 Appeals, Courts of. See under Courts, United States. Appellate System. Commission on Revision of the Federal Court:  Additional funds 1153  Appropriation for 1779  Report to President, Congress, and Chief Justice, time extension 1153 Appropriation Acts:  Agriculture-Environmental and Consumer Protection, 1975 1822  Atomic Energy Commission, 1975 782  Commerce, Department of, 1975 1196  Continuing appropriations, 1975 281, 1363, 1867  Defense Department, 1975 1212  District of Columbia, 1975 822  Executive Office, 1975 617  Health, Education, and Welfare, Department of, 1975 1637  Housing and Urban Development, Department of, 1975 1095  Independent Offices, 1975 619  Interior Department and related agencies, 1975 803  Judiciary, 1975 1200  Justice, Department of, 1975 1192  Labor, Department of, 1975 1634  Legislative Branch, 1975 424  Military Construction, 1975 2179  Postal Service, 1975 616  Public Works for Water and Power Development, 1975 782  Second Supplemental, 1974 195  State, Department of, 1975 1187  Supplemental, 1974 76  Supplemental, 1975 1771  Supplemental, urgent 275, 2106  Transportation Department and related agencies, 1975 768  Treasury Department, 1975 613 Arab Republic, United, restriction on assistance to, repeal 1813 Arapaho National Forest, Colo., boundary extension 1878 Archeological Data, Historical and, preservation 174 Architect of the Capitol:  Appropriation for 206, 215, 437, 1777  Botanic Gardens—   Appropriation for 215, 439   Employees, erroneous payment claims, waiver 393  Capitol buildings and grounds—   Appropriation for 206, 437, 1777   Temporary and permanent construction, authorization 1914  Employees, erroneous payment claims, waiver 393  Library of Congress. See separate title.  Office of the Attending Physician, compensation of registered nurses 1777  Procurement procedures, increased ceiling 390C6 Architectural and Transportation Barriers Compliance Board:  Consumer Advisory Panel, appointment 1621  Program extension 1619 Archives and Records Service, National:  American Indian Policy Review Commission, disposition of records and papers in 1913  Appropriation for 226, 626  Archives and records, transfer of certain to Alaska 1740  Federal Register. See separate title.  National Study Commission on Records and Documents of Federal Officials, support services 1701  Records maintained on individuals, disclosure 1897, 1904 Arizona:  Cocopah Tribe of Indians, transfer of lands 269  Grand Canyon National Monument, abolishment 2090  Grand Canyon National Park Enlargement Act 2089  Havasupai Indians, lands held in trust for 2091  Hopi and Navajo Tribes, land dispute, settlement 1712  Hualapai Indian Tribe, lands held in trust for 1820  Lake Mead National Recreation Area, appropriation ceiling increase 1445  Marble Canyon National Monument, abolishment 2090  Navajo Tribe, lands held in trust 1490  Painted Rock Dam, land acquisition for Department of the Interior 268  Paiute Indians, land allotment to certain 1716  San Carlos Apache Indian Tribe, lands held in trust for 1711  Tuba City High School Public School District, assistance 1783  Yuma, municipal and industrial water delivery system, feasibility study 1498  Yuma County, land conveyance 1895 Arizona, Community Act of 1974, Page 1486 Arkansas:  Caney Creek Wilderness, designation 2097  Certain real property, release of conditions 1925  Upper Buffalo Wilderness, designation 2097 Armed Forces. See also Uniformed Services and individual services.  Aircraft, missiles, naval vessels, etc., research and development, appropriation authorization 233, 400, 401  Aviation Career Incentive Act of 1974 177  Aviation midshipman, service credit 1741  Child support and alimony obligations, garnishment of wages 2357  Claims, administrative settlement, increased limits 291  Commissary stores, surcharge 1765  Decorations for service in Southeast Asia, time limit for award of, extension 1422  Enlistments—   High school diploma requirement, prohibition 234   Uniform qualifications for male and female persons 173  Federal procurement of property and services, increased ceiling 390  Funeral Transportation and Living Expense Benefits Act of 1974 53  Insurance—   Servicemen’s Group Life Insurance—    Maximum coverage, increase 166    National Guard, inclusion 165    Reserve components, inclusion 165   Veterans’ Group Life Insurance 169  Members and civilians illegally detained in 1968, tax treatment 1953  Military bands, sale of recordings for American Revolution Bicentennial 1868  Missing status—   Deceased members, funeral transportation and living expense benefits to families of 53   Joint income tax returns, filing by surviving spouse 1950   Memorial expenses for, reimbursement 2361  Motor vehicles, shipment or reshipment 1743  Moving expenses, tax status of reimbursements for 1466  National Guard. See separate title.  Pay and allowances—   Aviation career incentive pay 177   Certain combat pay, tax treatment 1950   Enlistment and reenlistment bonuses 119   Increases, computation 1152   Retirement pay, survivor annuities 994  Prisoners of war, deceased, funeral transportation and living expense benefits to families of 53  Veterans. See separate title.  Veterans’ Insurance Act of 1974 165 Armed Forces Day, proclamation 2460 Armed Forces Enlisted Personnel Bonus Revision Act of 1974 119 Arms Control and Disarmament Act:  Amendment, experts and consultants, payment 289  Appropriation for effecting provisions 1204 Arms Control and Disarmament Agency, United States:  Appropriation for 227, 1204  Authorization of funds 289 Army, Department of the. See also Armed Forces; Defense, Department of.  Active duty personnel strength 401  Aircraft, missiles, etc.—   Appropriation for procurement 197, 1218   Research and development, appropriation authorization 233, 400, 401  Appropriation for 196, 207, 219, 1213  Band, sale of recordings for American Revolution Bicentennial 1868  Cemeterial expenses, appropriation for 1099  Civilian personnel strength 403  Deputy Chiefs of Staff, increase in number authorized 1742  Disciplinary employees, retirement benefits to certain 355  Engineers, Corps of. See separate title.  Family housing, appropriation for 2181  First Infantry Division, United States Forces in Vietnam, monument 741  Flood control. See separate title.  Hydroelectric generating facilities, construction and enlargement opportunities 114  Land conveyances—   Andrew Jackson Lodge No. 5, Fraternal Order of Police, Nashville, Tenn 19C7   Louisiana, Saint Tammany Parish 1768   Montana 25   Mountrail County Park Commission, N. Dak 24   Ozark, Ala 1767   Tennessee 15  Medical officers in initial residency, continuation pay 792  Military Academy, United States, Laotian citizen, attendance 244  Military Construction Appropriation Act, 1975 2179  Military Construction Authorization Act, 1975 1745  Military training, student load 404  National Board for the Promotion of Rifle Practice, appropriation for 1217  National Guard. See Army under National Guard.  Operation and maintenance, appropriation for 196, 1215  Personnel and equipment, loan to Bureau of Sport Fisheries and Wildlife 124  Physicians, dentists, and medical officers, revised pay structure 94, 95  Procurement, appropriation for 197, 1218, 1219  Reductions in force, discharge of commissioned officers 1793  Reporting requirements, elimination of certain 1968  Research and development, etc., appropriation for 1222  Reserve components—   Appropriation for 1213   Aviation career incentive pay 179   Deceased members, presentation of flag for 176   Facilities, construction, etc 1770   Military construction, appropriation for 2181   Military training, student load 404   Operation and maintenance, appropriation for 1216   Selected Reserve, strength 402  Reserve Forces Facilities Authorization Act, 1975 1770  San Juan National Historic Site, Puerto Rico, damage studies 1447  United States Army Command and General Staff College, degree of master of military art and science, requirements 407  United States Soldiers’ and Airmen’s Home, appropriation for 219, 1651 Art, National Gallery of, appropriation for 821 Arthritis, Metabolism, and Digestive Diseases, National Institute of:  Appropriation for 1639  Associate Director for Arthritis and Related Musculoskeletal Disease 2224  National Commission on Arthritis, and Related Musculoskeletal Diseases, ex officio member 2218  National Commission on Diabetes, member 374 Arthritis Act of 1974, National 2217 Arthritis and Related Musculoskeletal Diseases, National Commission on, establishment 2218 Arthritis Coordinating Committee, establishment 2221 Arthritis Month, National, 1974, proclamation 2478 Arthritis Screening and Detection Data Bank, establishment 2222 Arts, Commission of Fine, appropriation for 227, 818 Arts, National Endowment for the:  Appropriation for 819  Rail terminals of historical or architectural significance, preservation or reuse program, consultation 1528 Arts and the Humanities, National Foundation on the:  Appropriation for 819  Career Education, National Advisory Council for, member 552 Arts and the Humanities Act of 1965, National Foundation on the, appropriation for effecting provisions 819 Asian Development Bank Act, Amendment, U.S. participation, increase 1735 Atlantic States Marine Fisheries Commission, appropriation for 1198 Atomic Energy Act of 1954:  Amendments—   International agreements for nuclear cooperation, congressional approval 1460   Joint Committee on Atomic Energy, employees, disbursement of salaries 1776   Meritorious contribution awards, consultation with General Advisory Committee 119   Nuclear information, availability to Congress 1611   Patents, licensing requirements, extension 475   Special nuclear materials—    International distribution 473, 475    Licenses, exemptions 475  Appropriation for effecting provisions 278, 279, 782  Repeal of certain provisions 1237 Atomic Energy Commission:  Abolishment; transfer of functions to the Energy Research and Development Administration 1237  Appropriation Act, 1975 782  Appropriation for 225, 278, 782, 1778  Atomic weapons information rewards 473  Facilities, research, etc., appropriation authorization 115, 1878  General provisions, Appropriation Act 783  Geothermal Energy Coordination and Management Project, member; cooperation 1081  Licensing and regulatory functions and personnel, transfer to Nuclear Regulatory Commission 1243  Personnel and equipment, loan to Bureau of Sport Fisheries and Wildlife 124  Review of activities, elimination of report requirement 1970  Safeguards Program, appropriation authorization 1878  Solar Energy Coordination and Management Project, member 1432  Special nuclear materials—   Access approval, authority 475   International distribution, Congressional review 473 Atomic Energy Community Act of 1965, repeal of certain provisions 1970C8 Atomic Safety and Licensing Appeal Board, transfer of functions to Nuclear Regulatory Commission 1243 Atomic Safety and Licensing Board Panel, transfer of functions to Nuclear Regulatory Commission 1243 Atomic Weapons and Special Nuclear Materials Rewards Act, new title for Atomic Weapons Rewards Act of 1955 472 Atomic Weapons Rewards Act of 1955, Amendments:  Information rewards, authority of the Attorney General 472  Title changed to Atomic Weapons and Special Nuclear Materials Rewards Act 472 Attorney General:  Appointments by—   National Institute of Corrections, Advisory Board, members 1139   National Study Commission on Records and Documents of Federal Officials, member 1700  Atomic weapons information rewards, authority 472  De Luz Dam, Calif., report to Congress on, elimination 1967  Deepwater ports, applications for licenses, submittal to 2136  Egg Research and Consumer Information Act, civil action 1177  Employee pension benefits, civil action 893  Equal educational opportunity, civil action for relief 516  Federal Election Campaign Act of 1971, violations of, report to Federal Election Commission 1285  Fishery management jurisdiction, enforcement study, cooperation 1183  Freedom of information cases, annual report 1564  Juvenile Justice and Delinquency Prevention, Coordinating Council on, Chairman 1116  National Commission on Electronic Fund Transfers, member 1508  Oil spills, uniform law for liability, study 2145  Practitioners, narcotic drug dispensation, annual registration 124  Public safety awards, selection of individuals for 1544 Attorneys and Marshals, United States, appropriation for 1192 Automated Data and Telecommunications Service, appropriation for 226, 627 Automobile and Adaptive Equipment Amendments of 1974, Disabled Veterans’ and Servicemen’s 1736 Aviation Act of 1958, Federal. See Federal Aviation Act of 1958. Aviation Administration, Federal:  Air Transportation Security Act of 1974 415  Appropriation for 224, 771  Grants-in-aid for airports, availability of funds 1779  Military participation under agreements with Armed Forces, elimination of report requirement 1970 Aviation Career Incentive Act of 1974 177 Aviation Facilities Act, International, Amendment, international user charges, negotiations for reduction of discriminatory charges 2103 Ball Bearings, modification of trade agreement concessions; adjustment of duty, proclamation 2464 Baltimore-Washington Parkway, appropriation for 775 Bangladesh, relief, rehabilitation, and reconstruction assistance 1363 Bankhead-Jones Farm Tenant Act, appropriation for effecting provisions 1831 Bankruptcy Laws of the United States, Commission on, report of, printing of additional copies 2398 Banks and Banking:  Agricultural credit, foreign assistance programs relating to 1796  Asian Development Bank, United States participation, increase 1735  Business or agricultural loans, interest rates 1558  Caribbean Development Bank, participation in by Puerto Rico 1818  Deposits in U.S. banks, interest on certain, exemption extension 2116  Export-Import Bank Amendments of 1974 2333  Export-Import Bank of the United States, appropriation for 230  Federal Deposit Insurance Act. See separate title.  Federal Deposit Insurance Corporation—   National Commission on Electronic Fund Transfers, member 1508   Real estate settlement—    Congressional action, necessity for further, consultation 1730    Statement of costs, standard form, consultation 1725   Unfair or deceptive practices in or affecting consumers, enforcement of regulations 2197  Federal Home Loan Bank Act. See separate title.  Federal Home Loan Bank Board—   Appropriation for 227, 1106   Certain securities, transfer of regulatory authority to 1503   National Commission on Electronic Fund Transfers, member 1508   Real estate settlement—    Congressional action, necessity for further, consultation 1730    Statement of costs, standard form, consultation 1725  Federal Reserve Act. See separate title.  Federal Reserve System—   Board of Governors, unfair or deceptive practices in or affecting commerce, regulatory authority 2196   Equal Credit Opportunity Act 1521   National Commission on Electronic Fund Transfers, member 1508  Federal savings and loan associations, lending and investment authority 715, 716  Federal Savings and Loan Insurance Corporation—   Appropriation for 1108C9   Public deposits, insurance, clarification of authority 1739   Public fund accounts, deposit insurance coverage 1501   Secondary reserve adjustment 1507  Indian Financing Act of 1974 77   Appropriation for effecting provisions 811  Interest penalties for premature withdrawal of savings, tax deduction 1458  Money orders and traveler’s checks, abandoned, disposition of 1525  National Bank Act, amendment, public housing obligations, investment 668  National banks, real estate loans 716, 725  Political contributions, prohibitions, increased penalty for violation 1267  Securities Exchange Act of 1934, amendment, Federal Home Loan Bank Board, certain securities, transfer of regulatory authority to 1503  Traveler’s checks and money orders, abandoned, disposition of 1525 Beef, temporary quantitative limitation on importation into the United States from Canada, proclamation 2540 Beekeepers, indemnity payments to, appropriation for 1829 Bicentennial Administration, American Revolution, appropriation for 201, 228, 821 Bicycles:  Bikeways, demonstration program 2288  Duty suspension on certain parts and accessories 1466 Big Cypress National Preserve, Fla., establishment 1258 Big South Fork National River and Recreation Area, Tenn.-Ky., establishment 43 Big Thicket National Preserve, Tex., establishment 1254 Bilingual Education, National Advisory Council on, establishment 510 Bilingual Education, Office of, establishment 509 Bilingual Education Act, Amendment, extension 503 Bill of Rights Day—Human Rights Day and Week, proclamation 2543 Biomedical and Behavioral Research, National Advisory Council for the Protection of Subjects of, establishment 351 Biomedical and Behavioral Research, National Commission for the Protection of Human Subjects of, establishment 348 Biomedical Research Panel, President’s, establishment 361 Bird Treaty Act, Migratory, Amendment, migratory bird products; sale, purchase, or shipment of, prohibition 190 Biscayne National Monument, Fla., acquisition ceiling increase; boundary changes 1445, 1446 Blind:  American Printing House for the Blind, appropriation for 1646  Books for, appropriation for 207, 440  Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped—   Additional member 393   Appropriation authorization 393   Appropriation for 621   Name changed to Committee for Purchase from the Blind and Other Severely Handicapped 392  National Center for Deaf-Blind Youth and Adults—   Program extension 1619   Report to Congress, elimination 1968  Randolph-Sheppard Act Amendments of 1974 1622  Vending facilities on Federal property, priority to operate 1622  White Cane Safety Day, 1974, proclamation 2491 Blind and Visually Handicapped, Office for the, additional personnel 1629 Board for International Broadcasting, appropriation for 1204 Board for International Broadcasting Act of 1973, Amendment, authorization of funds 781 Boat Safety Act of 1971, Federal, appropriation for effecting provisions 770 Boating Week, National Safe, 1974, proclamation 2453 Bonneville Power Administration:  Appropriation for 222, 279, 788  Federal Columbia River Transmission System Act 1376 Books for the Blind and Handicapped, appropriation for 207, 440 Boston National Historical Park Act of 1974 1184 Boston National Historical Park Advisory Commission, establishment 1185 Botanic Gardens:  Appropriation for 215, 439  Employees, erroneous payment claims, waiver 393 Boulder City Act of 1958, Amendment, assistance to for water supply, elimination of report requirement 1970 Bows and Arrows, excise tax, postponement 238 Boy Scouts of America:  Gulf Coast Council, land conveyance authorization 1768  Sex discrimination prohibition, exemption 1862 Brandy, modification of trade agreement concessions; adjustment of duty, proclamation 2494 Bridgeport Indian Colony, Calif., lands in trust 1368 Bridges:  Auburn, Calif 2287  Auburn Dam and Reservoir, American River, Calif 22  Chester Bridge, Ill. and Mo., contract for operation, etc., time extension 1659  Coast Guard, payment to owners for alterations 1182  Cocopah Indian reservation, Ariz., construction of three bridges across a bypass drain 269  Federal dams, bridge construction emergency fund, increased authorization for 2290  Overseas Highway to Key West, Fla., authorization of funds for reconstruction of bridges 2288  Special replacement program, increased funds authorized 2286 Broadcasting, Board for International, appropriation for 1204C10 Broadcasting, Corporation for Public, appropriation for 1649 Broadcasting Act of 1973, Board for International, Amendment, authorization of funds 781 Budget Act of 1974, Congressional 297  Appropriation for effecting provisions 1776 Budget and Accounting Act of 1921, Amendments:  Office of Management and Budget, Director and Deputy Director, Senate confirmation 11  President’s budget, contents; midyear review; five-year projection 323, 324 Budget and Accounting Procedures Act of 1950, repeal of impoundment reporting provision 332 Budget and Impoundment Control Act of 1974, Congressional 297 Budget Office, Congressional:  Budget, submittal to Congress, study 321  Congressional budget actions, periodic reports 314  Establishment 302  Fiscal, budgetary, and program-related data and information systems 329  Joint Committee on Reduction of Federal Expenditures, transfer of functions from 304 Building Sciences, National Institute of, establishment 730 Bureau of Accounts, appropriation for 210, 212, 225, 614 Bureau of Alcohol, Tobacco, and Firearms, appropriation for 225, 614 Bureau of Customs:  Appropriation for 225  Border facilities, increased funds for 794 Bureau of Indian Affairs, appropriation fossr 200, 222, 809, 1783 Bureau of Labor Statistics:  Appropriation for 223, 1637, 1772  Education Statistics, Advisory Council on, member 556 Bureau of Land Management:  Appropriation for 200, 222, 803, 805, 1782  Budget authority, rescission of certain 1710 Bureau of Mines:  Appropriation for 222, 277, 809  Lignite coal research laboratory, N. Dak., activities, elimination of reporting requirements 1969  Transfer of certain functions to the Energy Research and Development Administration 1237 Bureau of Oceans and International Environmental and Scientific Affairs, Assistant Secretary for, compensation 238 Bureau of Outdoor Recreation, appropriation for 222, 805 Bureau of Prisons:  Appropriation for 223, 1194  Employees, retirement benefits 355  National Institute of Corrections, establishment 1139 Bureau of Reclamation, appropriation for 207, 222, 785, 1778 Bureau of Sport Fisheries and Wildlife:  Appropriation for 200, 222  Federal agency loan of personnel and equipment 123  Replacement by United States Fish Page and Wildlife Service 92 Bureau of the Mint, appropriation for 225, 615 Bureau of the Public Debt, appropriation for 212, 225, 615 Business Act, Small. See Small Business Act. Business Administration, Domestic and International, appropriation for 218, 1196 Business Enterprise, Minority, appropriation for 218, 1197 Business Loan and Investment Fund, appropriation for 1206 Cabrillo National Monument, Calif., boundary revision, proclamation 2514 California:  Agua Tibia Wilderness, designation 2154  American River, segment designated for possible inclusion in national wild and scenic rivers system 2094  Auburn, bridge construction authorization 2287  Auburn Dam and Reservoir, American River, road and bridge construction 22  Bridgeport Indian Colony, lands in trust 1368  Cabrillo National Monument, boundary revision, proclamation 2514  Channel Islands National Monument, development ceiling increase; donation of land to 1446, 1447  Cherry Creek exclusion, review of suitability for preservation as a wilderness and addition to Hoover Wilderness 2155  Coachella Canal of the Boulder Canyon project, canal or canal lining, construction 268  Emigrant Wilderness, designation 2154  Farallon National Wildlife Refuge, designation of Farallon Wilderness within 1744  Golden Gate National Recreation Area, additional lands 1741  Hensley Lake, designation 1959  Hoover Institution on War, Revolution, and Peace, Stanford University, grants to 1918  Lake Casitas Recreation Area, acquisition of additional land for open space 1493  Lava Beds National Monument, boundary change 1447  Point Reyes National Seashore, additional lands 1744  Sacramento River, bank erosion control works and setback levees 49  San Francisco cable cars, 100th anniversary, commemorative medals, authorization extension 1978  Sequoia National Park, use of certain lands within for a hydroelectric project 1660  Solano County, potential water resource development program, feasibility study 1498  Solano project, recreation facilities, authorization 1494  Toulumne River, segment designated for possible inclusion in national wild and scenic rivers system 2095C11 Cambodia:  Combat activities in or over, restriction on funds 232, 285, 1231  Economic and military assistance, limitations 1810  Relief and reconstruction, authorization of funds for 1807 Camp Fire Girls, exemption from sex discrimination prohibitions 1862 Campaign Finance Reform and Conflict of interest Act, District of Columbia 446 Campus Disrupters, denial of financial assistance 1102, 1209, 1231, 1651 Canada:  Cattle, beef, veal, swine and pork, temporary quantitative limitation on importation from, proclamation 2540  Deepwater ports, negotiations with 2147  Ferry operations 2284  Trade relations with, sense of Congress 2076 Canada, International Boundary Commission, United States and, appropriation for 1190 Canada, International Joint Commission, United States and, appropriation for 1190 Canada-France-Hawaii Telescope Project, telescope and articles for, duty-free entry 2152 Canal Zone:  Canal Zone Government—   Appropriation for 220, 778   Claims settlement 1973   Marriage license authority, transfer to 1417, 1419  Panama Canal Company—   Appropriation for 220, 779   Borrowing authority, increase 1966 Canal Zone Code, Amendments:  Borrowing authority, increase 1966  Claims settlement 1973 Canaveral National Seashore, Fla., establishment 2121 Canaveral National Seashore Advisory Commission, establishment 2124 Cancer Act Amendments of 1974, National 358 Cancer Control Month, 1974, proclamation 2469 Cancer Institute, National:  Appropriation for 1638  Program extension 358  Uterine cancer diagnosis, trial program 359 Cape Lookout National Seashore, N.C., land acquisition 1448 Capital Planning Act of 1952, National, appropriation for effecting provisions 819 Capital Planning Commission, National, appropriation for 228, 819 Capital Transportation Act of 1969, National, appropriation for effecting provisions 779 Capitol Buildings and Grounds:  Appropriation for 206, 437, 1777  Architect of the Capitol. See separate title.  Temporary and permanent construction, authorization 1914 Capitol Police:  Appropriation for 434  Overtime compensation 430 Captive National Week, 1974, proclamation 2492 Carboxymethyl Cellulose Salts, duty suspension 1457 Career Education, National Advisory Council for, establishment 552 Career Education, Office of:  Career Education, National Advisory Council for, member 552  Establishment 551 Caribbean Development Bank, participation in by Puerto Rico 1818 Carpools, demonstration program applications, extension 2289 Cascade Head Scenic-Research Area, Oreg., establishment 1732 Cattle, temporary quantitative limitation on importation into the United States from Canada, proclamation 2540 Cecil M. Harden Lake, Ind., designation 1659 Census, Bureau of the. See Social and Economic Statistics Administration. Centennial Safe, congressional acceptance 2424 Center for Cultural and Technical Interchange Between East and West, appropriation for 208, 1191 Center for Disease Control, appropriation for 1638 Central Intelligence Agency, intelligence activities, limitation on funds for 1804 Channel Islands National Monument, Calif., development ceiling increase; donation of land to 1446, 1447 Chattooga River, N.C.-S.C.-Ga., component of national wild and scenic rivers system, designation 122 Cheese, filled, repeal of regulatory taxes 1466 Cheyenne-Arapaho Tribes, Okla., lands held in trust for 1915 Child Abuse and Neglect, Advisory Board on, establishment 7 Child Abuse and Neglect, National Center on, establishment 5 Child Abuse Prevention Act, 1973, printing of additional copies of hearings on 2398 Child Abuse Prevention and Treatment Act 4  Amendment, demonstration programs, definition of “State” 2310  Appropriation for effecting provisions 204, 1646 Child Day Care Services, standards for grants to States 2342 Child Development, Office of:  Advisory Board on Child Abuse and Neglect, member 7  Appropriation for 204 Child Health and Human Development, National Institute of:  Advisory Board on Child Abuse and Neglect, member 7  Appropriation for 1639  National Commission on Diabetes, member 374 Child Health Day, 1974, proclamation 2524 Child Nutrition Act Amendments of 1974, National School Lunch and 286 Child Nutrition Act of 1966:  Amendments—   Nonfood assistance program, increased authorization 287   Special milk program, reimbursement, minimum rate 341   Special supplemental food program, increased authorization 287  Appropriation for effecting provisions 195, 1827, 1841 Child Support Programs, assistance to States 2351C12 “Children: Nutritional Intervention Through Supplemental Feeding, To Save the”, printing of additional copies 2403 Chile, military assistance to, limitation 1802 China, People’s Republic of, exhibition of the archeological finds of, indemnification agreement 143 China, Republic of, Formosa Resolution, repeal 1439 Chippewa Cree Tribe of the Rocky Boy’s Reservation, Mont., mineral rights held in trust 142 Churches, retirement plans, election to participate 901, 926 Citizen Band of Pottawatomie Indians, Okla., lands held in trust for 1922 Citizenship Day and Constitution Week, 1974, proclamation 2503 Civil Aeronautics Board:  Appropriation for 212, 227, 778  High-speed ground transportation between major west coast cities, feasibility study, consultation 1532  International air transportation, discriminatory and unfair practices, review 2102  Property restricted from aircraft cabins, liability, regulations 418 Civil Defense Act of 1950, Federal, appropriation for effecting provisions 629 Civil Procedure, Federal Rules of, Amendments, congressional approval 1949 Civil Rights, Commission on:  Appropriation for 227, 1204  Women’s Educational Programs, Advisory Council on, member 555 Civil Rights, Office for, appropriation for 1647 Civil Rights Act of 1964:  Amendment, Equal Employment Opportunity Commission, report requirements, modification 1972  Appropriation for effecting provisions 1193, 1204, 1641, 1773 Civil Rights Act of 1968, appropriation for effecting provisions 1098 Civil Service Commission, United States:  Appropriation for 213, 227, 620, 1781  Head start and Follow Through programs, political activities, regulations 2310  Pay reductions, prevention 1743  Retirement—   Annuities, increases 93   Civil Service Retirement and Disability Fund, payments to by United States Postal Service 354   Surviving spouse annuity reduction, elimination 1438  Veterans readjustment appointments; disabled veterans, employment, regulatory authority 1593, 1594  Work injury compensation benefits, retention rights 1149 Claims: [Note: For action concerning Individuals, see Individual Index, following this Subject Index.]  ACTION, readjustment allowance to Peace Corps volunteers, waiver 191  Armed Forces members missing in action, reimbursement for memorial expenses 2361  Canal Zone Government, claims settlement, expansion of authority 1973  Defense, Department of—   Administrative settlement, increased limits 291   Appropriation for settlement 1218  Departments and agencies, appropriation for settlement 213, 1782  District of Columbia, settlement, appropriation for 199, 825  Firefighting on Federal property, reimbursement for costs 1543  General Accounting Office, time limit for filing with 1965  Indian Claims Commission—   Appropriation for 228, 819   Authorization of funds 1499  Indian Claims Commission Act, amendment, exclusion of food, rations, or provisions as payment of land claims 1499  Legislative branch employees, erroneous payment claims, waiver 393  Micronesian Claims Act of 1971, appropriation for settlement of claims 813  Military departments, administrative settlement, increased limits 291  Personal property losses incident to Federal service, limit on payments, increase 1381  United States-Hungarian Claims Agreement, determination of American national claims settled by 1386 Claims, United States Court of:  Appropriation for 216, 1201  Firefighting on Federal Property, reimbursement claims, jurisdiction 1543  Intervention on the High Seas Act, jurisdiction 10 Claims Settlement Commission, Foreign:  Appropriation for 228, 1205  Hungary, claims against by American nationals 1386 Clara Barton National Historic Site, Md., establishment 1461 Clean Air Act, Amendments:  Extension of program 265  Fuel burning stationary sources, implementation plan revisions 256  Motor vehicle emissions standards 258  New motor vehicles, fuel economy improvement standards, study 261  Stationary source fuel or emission limitation, temporary suspension 249 Clergy Week in the United States, International, proclamation 2439 Coal Conversion, effects on public health, study 259 Coal Mine Health and Safety Act of 1969, Federal, appropriation for effecting provisions 1636, 1638, 1645 Coal Mining Safety Equipment, amortization provisions, extension 2109 Coal Research, Office of:  Appropriation for 277  Transfer of functions to Energy Research and Development Administration 1237 Coast Guard, United States:  Active duty personnel strength, authorization 1182  Aids to navigation authority, expansion 139  Aircraft, vessels, facilities, etc., appropriation authorization 1180  Appropriation for 211, 224, 769  Auxiliary members, injury or death compensation 141C13  Boilers and pressure vessels, safety standards 423  Bridges over navigable waters, payment to owners for alterations 1182  Confidential investigative expenses 140  Dependents outside the United States, schooling 1182  Fishery management jurisdiction, enforcement study 1183  Fishing vessels, inspection and load line requirements, exemption 1182, 1183  Funds appropriated to, use 140  Icebreaking operations 1659  Intervention on the High Seas Act 8  Legislative jurisdiction, relinquishment 141  Lighthouse Service, former employees, eligibility for medical care 371  Military training, authorization 1182  Personnel and equipment, loan to Bureau of Sport Fisheries and Wildlife 124  Regular captains, retirement 140  Regular lieutenants, lieutenant commanders, and commanders; retirement for failure of promotion 140  Reserve components—   Aviation career incentive pay 179   Benefits 1920   Deceased members, presentation of flag for 176   Members engaged in schooling, enlistment 141   Selected Reserve, strength 402  Temporary appointments, pay reduction, elimination 140  Vessels, waste materials, net tonnage, regulations 1694 Coastal Zone Management, appropriation for 1198 Coastal Zone Management Act of 1972:  Amendments—   Coastal states, administrative grants 1974   Estuarine sanctuaries grants, extension of authorization 1974  Appropriation for effecting provisions 1198 Cocopah Tribe of Indians, Ariz., transfer of lands 269 Code, District of Columbia, new edition, appropriation for publication 433 Coin Week, National, 1974, proclamation 2474 Coinage:  American Revolution Bicentennial commemorative coins, continuation of minting authority 1739  Composition of one-cent piece 1261 Colleges. See Schools and Colleges. Colonial National Historical Park, Va., appropriation ceiling increase 1445 Colorado:  Arapaho National Forest, boundary extension 1878  Cumbres and Toltec Scenic Railroad Compact 1421  Fryingpan-Arkansas project, construction, etc., increased authorization 1497  National wild and scenic rivers system, certain river segments designated for possible inclusion in 2094, 2095  Rocky Mountain National Park, additional lands 1445, 1447  Weminuche Wilderness, designation 2155 Colorado River Basin Project, appropriation for 786 Colorado River Basin Project Act:  Amendment, Lower Colorado River Basin Development Fund, salinity control unit costs 273  Appropriation for effecting provisions 786 Colorado River Basin Salinity Control Act 266  Appropriation for effecting provisions 786 Colorado River Basin Salinity Control Advisory Council, establishment 272 Colorado River Storage Project Act, Amendment, Upper Colorado River Basin fund, salinity control unit costs 273 Columbia River Transmission System Act, Federal 1376 Columbus Day, 1974, proclamation 2499 Commerce, Department of:  Appropriation Act, 1975 1196  Appropriation for 209, 218, 279, 1196, 1778, 2108  Census, Bureau of the. See Social and Economic Statistics Administration.  Coastal Zone Management, appropriation for 1198  Coastal Zone Management Act of 1972—   Amendments—    Coastal States, administrative grants 1974    Estuarine sanctuaries grants, extension of authorization 1974   Appropriation for effecting provisions 1198  Deepwater ports, safety zones 2138  Domestic and International Business Administration, appropriation for 218, 1196  Domestic production, imports, and exports, uniform statistical data, study 2073  Economic Development Administration, appropriation for 1196, 1778, 2108  Exports—   Monitoring and reporting authority 1552   National security control, technical advisory committees for, member 1553   Uniform statistical data, study 2073, 2074  Federal Energy Administration actions, economic impact, monitor 111  Federal Fire Prevention and Control Act of 1974 1535   Appropriation for effecting provisions 1198  Fire Prevention and Control, National Academy for, establishment 1537  Fire Prevention and Control Administration, National—   Appropriation for 1198   Establishment 1536  Fire prevention and control programs, grant recipients, audit 1548  Fire Research Center, establishment 1546  Fishery management jurisdiction, enforcement study, cooperation 1183  Foreign Direct Investment Regulation, appropriation for 218  Foreign Investment Study Act of 1974 1450  General provisions, Appropriation Act 1200, 1208C14   Competition—    Adjustment assistance program study, cooperation 2040    Community adjustment assistance 2035   Increases, firms adversely affected by, assistance 2030   National security investigation, cooperation 1993   Uniform statistical data, study 2073, 2074  Job opportunities program 1853  Lowell Historic Canal District Commission, ex officio member 2330  Maritime Administration—   Appropriation for 209, 218, 1199   General provisions, Appropriation Act 1199, 1208   Merchant Marine Academy, appropriation for 1199   Vessels, exchange for conversion and operation in unsubsidized service between west coast and Guam, contract amendment 232  Maritime programs, authorization of funds 234  Merchant Marine Act, 1936—   Amendment, National Defense Reserve Fleet, vessel exchange 1965   Appropriation for effecting provisions 1199  Minority Business Enterprise, appropriation for 218, 1197  National Bureau of Standards—   Appropriation for 1198   Energy-related inventions, evaluation 1894   Solar heating and cooling systems, cooperation 1071, 1072, 1074, 1075, 1078  National Fire Prevention and Control Administration—   Appropriation for 1198   Establishment 1536  National Oceanic and Atmospheric Administration—   Appropriation for 209, 218, 279, 1197   Deepwater ports, potential locations, evaluation regulations, consultation 2131   Reporting requirements, elimination of certain 1967  National Technical Information Service, appropriation for 1198  Offshore Shrimp Fisheries Act of 1973, appropriation for effecting provisions 209  Patent Office. See separate title.  Pension Benefit Guaranty Corporation, member 1005  Poverty data, school-age children to be counted, study 600  Pribilof Islands, appropriation for administration of 209, 218, 1198  Product sectors of manufacturing, establishment 1984  Public safety awards, selection of individuals for 1544  Regional action planning commissions, appropriation for 209, 1196, 1779  Reporting requirements, elimination of certain 1967  Social and Economic Statistics Administration—   Appropriation for 218, 1196, 1643   Census, Bureau of the—    Education Statistics, Advisory Council on, member 556    Records maintained on individuals, disclosure to 1897  SS Independence, sale to foreign registry 288  Telecommunications, Office of, appropriation for 1198  Trade agreements—   Advisory committees for, assistance 1998   Cooperation 1995  Trade Impacted Area Council for Adjustment Assistance, establishment 2036  Trade monitoring system 2040  United States Travel Service, appropriation for 218, 1197  Weather modification reporting, extension 1212 Commissary Store Facilities, surcharge 1765 Commission of Fine Arts, appropriation for 227, 818 Commission on Bankruptcy Laws of the United States, report of, printing of additional copies 2398 Commission on Civil Rights:  Appropriation for 227, 1204  Women’s Educational Programs, Advisory Council on, member 555 Commission on Federal Paperwork, establishment 1789 Commission on Revision of the Federal Court Appellate System:  Additional funds 1153  Appropriation for 1779  Report to President, Congress, and Chief Justice, time extension 1153 Commission on the Organization of the Government for the Conduct of Foreign Policy, appropriation for 1204 Commission on the Review of the National Policy Toward Gambling, appropriation for 621 Commissions, Committees, Councils, Etc., Establishment:  Actuaries, Joint Board for the Enrollment of 1002  Adjustment Assistance Coordinating Committee 2040  Adult education clearinghouse 577  Alcohol, Drug Abuse, and Mental Health, National Panel on 134  Alcohol, Drug Abuse, and Mental Health Administration 134  Alcohol Abuse and Alcoholism, Interagency Committee on Federal Activities for 133  American Indian Policy Review Commission 1910  Arthritis and Related Musculoskeletal Diseases, National Commission on 2218  Arthritis Coordinating Committee 2221  Arthritis Screening and Detection Data Bank 2222  Bilingual Education, National Advisory Council on 510  Bilingual Education, Office of 509  Biomedical and Behavioral Research, National Advisory Council for the Protection of Subjects of 351  Biomedical and Behavioral Research, National Commission for the Protection of Human Subjects of 348  Boston National Historical Park Advisory Commission 1185C15  Building Sciences, National Institute of 730  Canaveral National Seashore Advisory Commission 2124  Career Education, National Advisory Council for 552  Career Education, Office of 551  Cascade Head Scenic-Research Area, Oreg., advisory council for 1733  Child Abuse and Neglect, Advisory Board on 7  Child Abuse and Neglect, National Center on 5  Colorado River Basin Salinity Control Advisory Council 272  Commodity Futures Trading Commission 1389  Community Education Advisory Council 550  Community Services, Intergovernmental Advisory Council on 2297  Community Services Administration 2310  Congressional Budget Office 302  Consumers’ Education, Office of 553  Copyrighted Works, National Commission on New Technological Uses of 1873  Cuyahoga Valley National Recreation Area Advisory Commission 1788  Deepwater Port Liability Fund 2143  Diabetes, National Commission on 374  Diabetes Mellitus Coordinating Committee 377  District of Columbia—   Board of Equalization and Review 1055   Legal Services Corporation 379   Police and Firemen’s Retirement and Relief Board 1041  District of Columbia Board of Elections and Ethics Nominating Committee 456  District of Columbia Law Revision Commission 480  Drinking Water Advisory Council, National 1688  East-West Foreign Trade Board 2065  Education Statistics, Advisory Council on 556  Education Statistics, National Center for 556  Egg Board 1174  Electronic Fund Transfers, National Commission on 1508  Employee Plans and Exempt Organizations, Office of 951  Employee Welfare and Pension Benefit Plans, Advisory Council on 895  Energy Research and Development Administration 1234  Energy Resources Council 1241  Federal Election Commission 1280  Federal Energy Administration 97  Federal Officials, National Study Commission on Records and Documents of 1699  Federal Paperwork, Commission on 1789  Federal Procurement Policy, Office of 797  Fire Data Center, National 1541  Fire Prevention and Control, National Academy for 1537  Fire Prevention and Control Administration, National 1536  Fire Research Center 1546  Fire Training and Education, Committee on 1539  Geothermal Energy Coordination and Page Management Project 1080  Health Planning and Development, National Council on 2228  Health Services Research, National Center for 363  Health Statistics, National Center for 365  Indian Loan Guaranty and Insurance Fund 82  Indian Revolving Loan Fund 78  Juvenile Justice, Advisory Committee to the Administrator on Standards for the Administration of 1118  Juvenile Justice and Delinquency Prevention, Advisory Committee for the National Institute for 1118  Juvenile Justice and Delinquency Prevention, Coordinating Council on 1116  Juvenile Justice and Delinquency Prevention, National Advisory Committee for 1117  Juvenile Justice and Delinquency Prevention, National Institute for 1125  Juvenile Justice and Delinquency Prevention, Office of 1112  Libraries and Learning Resources, Office of 576  Lowell Historic Canal District Commission 2330  Mobile Home Advisory Council, National 702  National health planning information center 2254  National Planning and Advisory Council 1631  Navajo and Hopi Indian Relocation Commission 1716  Nuclear Material Safety and Safeguards, Office of 1245  Nuclear Reactor Regulation, Office of 1244  Nuclear Regulatory Commission 1242  Nuclear Regulatory Research, Office of 1246  Parent Locator Service 2353  Pension Benefit Guaranty Corporation 1004  Pension Benefit Guaranty Corporation, advisory committee 1005  Pension Task Force, Joint 999  People’s Counsel, Office of the, D.C 1975  President’s Biomedical Research Panel 361  Pretrial services agencies 2086  Privacy Protection Study Commission 1905  Private Grievances and Redress, Office of 112  Product sectors of manufacturing 1984  Productivity and Work Quality, National Commission on 236  Program Review and Evaluation, Office of 326  Shoreline Erosion Advisory Panel 27  Solar Energy Coordination and Management Project 1432  Solar Energy Information Data Bank 1435  Solar Energy Research Institute 1436  Solar Heating and Cooling Information Data Bank 1075  Special Representative for Trade Negotiations, Office of the, (new) 1999  Supplies and Shortages, National Commission on 1168  Trade Impacted Area Council for Adjustment Assistance 2036  Trade Negotiations, Advisory Committee for 1996  Transportation Safety Board, National 2167C16  University of the District of Columbia, Board of Trustees 1424  Vital and Health Statistics, United States National Committee on 366  Wage and Price Stability, Council on 750  White House Conference on Education, National Conference Committee to guide and plan 598  White House Conference on Library and Information Services, advisory committee of 1857  Women’s Educational Programs, Advisory Council on 555 Committee for Purchase from the Blind and Other Severely Handicapped:  Additional member 393  Appropriation authorization 393  Appropriation for 621  New name for the Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped 392 Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped. See Committee for Purchase from the Blind and Other Severely Handicapped. Commodity Credit Corporation, appropriation for 1830 Commodity Exchange Act:  Amendments—   Commodity Futures Trading Commission, establishment 1389   Daily trading records 1415   Market reports 1414   National futures associations, authority for creation 1406   Research and information programs 1415   Trading and exchange activities, regulation 1395  Appropriation for effecting provisions 1828, 2108 Commodity Exchange Authority:  Appropriation for 217, 1828, 2108  Transfer of personnel, property, etc. to Commodity Futures Trading Commission 1392 Commodity Exchange Commission, transfer of operations and proceedings to Commodity Futures Trading Commission 1414 Commodity Futures Trading Commission:  Commodity Exchange Authority, transfer of personnel, property, etc. to 1392  Establishment 1389  Gold and silver, transactions for delivery of, regulation 1405 Commodity Futures Trading Commission Act of 1974 1389  Appropriation for effecting provisions 2108 Communications Act of 1934:  Amendments—   Aliens, amateur radio operator licenses, issuance 1576   Candidates for public office, communications media expenditure limitations, repeal 1291   Common carriers—    Certain applications, notice to Secretary of Defense and Secretary of State 1577    Proceedings against, limitation period, extension 1577  Appropriation for effecting provisions 1641, 1649  Repeal of certain provision 1709 Communications Commission, Federal:  Aliens, amateur radio operator licenses, issuance 1576  Appropriation for 227, 1100  Certain common carrier applications, notice to Secretary of Defense and Secretary of State 1577  Communications common carriers, proceedings against, limitation period, extension 1577  National Commission on Electronic Fund Transfers, member 1508 Community Adjustment Assistance Fund, establishment 2040 Community Development Act of 1974, Housing and 633 Community Development Corporation, renamed New Community Development Corporation 725 Community Education Advisory Council, establishment 550 Community Mental Health Centers Act:  Appropriation for effecting provisions 1640  Repeal of certain provisions 137 Community Partnership Act of 1974, Headstart, Economic Opportunity, and 2291 Community Relations Service, appropriation for 1193 Community Schools Act 549 Community Services, Intergovernmental Advisory Council on, establishment 2297 Community Services Act of 1974 2292 Community Services Administration:  Community Services Act of 1974 2292  Economic development programs, reports to congressional committees 2294, 2306, 2321, 2328  Establishment 2310 Compacts, Interstate, Consent of Congress Granted to, Cumbres and Toltec Scenic Railroad Compact 1421 Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1974 125 Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970:  Advisory committees established by, termination, effective date 2275  Amendments—   Hospital admissions 130   Interagency Committee on Federal Activities for Alcohol Abuse and Alcoholism, establishment 133   National Institute on Alcohol Abuse and Alcoholism, departmental position of 135   Patient records, confidentiality 131   Prevention and treatment projects, grants and contracts 129   State formula grant program, extension 127   State plans, minority and poverty groups, representation 127   Uniform Alcoholism and Intoxication Treatment Act, grants for implementation 128C17  Appropriation for effecting provisions 1640 Comprehensive Employment and Training Act of 1973:  Amendments—   Emergency job programs 1845   Placement goals 1847  Appropriation for effecting provisions 202, 1635 Comprehensive Health Services Program 2298 Comptroller General:  Alcohol and drug abuse education projects, fund recipients, audit of records 1157  Bonneville Power Administration, financial transactions, audit 1380  Commission on Federal Paperwork, member 1790  Commodity Futures Trading Commission, review and audit 1392  Community development programs, grant recipients, audit 640  Conservation programs on certain public lands, Federal-State cooperative agreements, audit 1371  Energy Research and Development Administration, audit of activities 1251  Federal assistance programs, joint management fund recipients, audit 1607  Federal Energy Administration operations, evaluation 106  Federal programs, review and evaluation 326  Fire prevention and control programs, grant recipients, audit 1548  Fiscal, budgetary, and program-related data and information systems 327  Headstart programs, assistance recipients, audit 2305  Hoover Institution on War, Revolution, and Peace, Stanford University, Calif., records, accessibility 1919  Import competition, adjustment assistance programs, study 2040  Import increases, assistance to firms injured by, recipients, audit 2033  Indian self-determination and education programs, assistance recipients, audit 2204  Medical facilities, modernization and construction projects, assistance recipients, audit 2273  National Commission on Electronic Fund Transfers—   Books and records, audit 1510   Member 1508  National Institute of Corrections, grant recipients, audit 1141  National Railroad Passenger Corporation, audit 1531  Native American programs, assistance recipients, audit 2325  Nonappropriated fund activities, audit 1961  Nuclear Safety and Licensing Commission, audit of activities 1251  Office space 1962  Public water systems, grant recipients, audit 1687  Rail passenger terminal conversion or preservation programs, assistance recipients, audit 1530  Records maintained on individuals, disclosure to 1898  Report to by President of the United States, rescission and deferral of budget authority 335  State health planning and development agencies, audit 2245  Vending machines on Federal property, nonappropriated fund activities receiving income from, audit 1630  Vouchers, examination of 1959 Comptroller of the Currency, Office of the:  Banks, unfair or deceptive practices in or affecting commerce, enforcement of regulations 2196  National Commission on Electronic Fund Transfers, member 1508 Concurrent Resolutions:  Congress—   Adjournment 2398–2400, 2402, 2404, 2411, 2425   Adjournment, ruling 2406   Adjournment, sine die 2433   Centennial safe, acceptance 2424   Joint Economic Committee, study on inflation 2407   Joint session to receive Presidential communications 2397, 2410, 2422  Earl Warren, funeral services, catafalque for 2405  Enrolled bills, corrections—   Amtrak Improvement Act of 1974 (H.R. 15427) 2423   Deposit insurance, increase (H.R. 11221) 2423   District of Columbia, policemen, firemen, and teachers, pay increase (H.R. 15842) 2412   District of Columbia Campaign Finance Reform and Conflict of Interest Act (H.R. 15074) 2406   Education Amendments of 1974 (H.R. 69) 2409   Employee Retirement Income Security Act of 1974 (H.R. 2) 2412   Energy Reorganization Act of 1974 (H.R. 11510) 2423   Federal Energy Administration Act of 1974 (H.R. 11793) 2400   Federal Fire Prevention and Control Act of 1974 (S. 1769) 2422   Housing and Community Development Act of 1974 (8. 3066) 2410   Lowell Historic Canal District, Lowell, Mass. (H.R. 14689) 2432   Magnuson-Moss Warranty—Federal Trade Commission Improvement Act (S. 356) 2432   Military Construction Appropriation Act, 1975 (H.R. 17468) 2430   Public Works and Economic Development Act of 1965, amendment (H.R. 14883) 2421   Surface Mining Control and Reclamation Act of 1974 (S. 425) 2426   Trade Act of 1974 (H.R. 10710) 2433  First Continental Congress, two hundredth anniversary 2401  Gerald R. Ford, best wishes from Congress 2409  Herbert Hoover, one hundredth birthday anniversary celebration 2407  Honor America, June 14-July 4, 1974, celebration 2404  National Research Act, conference papers, signing of duplicates 2404C18  Publications, printing of additional copies—   Child Abuse Prevention Act, 1973, hearings on 2398   Commission on the Bankruptcy Laws of the United States, report of the 2398   “Confidence and Concern: Citizens View American Government—A Survey of Public Attitudes”, part I 2399   Constitution of the United States 2397   Constitution of the United States, pocket-size edition 2432   Constitution of the United States and Declaration of Independence 2432   “Controlling the Damage: United States Policy Options for Greece” 2405   Convention of American Instructors of the Deaf, proceedings 2398   “Disclosure of Corporate Ownership” 2398   First Continental Congress, two-hundredth anniversary ceremony 2431   “Foreign Policy Implications of the Energy Crisis”, hearings 2400   “How Our Laws Are Made” 2422   Impeachment inquiry, hearings and final report 2407   “Impeachment of Richard M. Nixon, President of the United States” 2431   J. Edgar Hoover, compilation of tributes 2399   “The Marihuana-Hashish Epidemic and Its Impact on United States Security”, hearings 2426   Nutrition and human needs, national policy, hearings and reports 2425   “Our American Government. What Is It? How Does It Work?” 2403   “Our Flag” 2403   Prayers by the Reverend Edward G. Latch 2431   Presidential election of 1972, illegal and unethical activities, hearings and report 2404   “Public Financing of Federal Elections”, hearings 2426   “The Recreation Imperative—The National Outdoor Recreation Plan” 2411   “State Postsecondary Education Commissions” 2405   Sullivan, Honorable Leonor K., unveiling of portrait, proceedings 2431   “Summary of Veterans Legislation Reported, Ninety-third Congress” 2402   “Surgeon General’s Report by the Scientific Advisory Committee on Television and Social Behavior”, hearings 2402   “To Save the Children: Nutritional Intervention Through Supplemental Feeding” 2403   Veterans’ Benefits Calculator 2400  Smokey Bear, return to Capitan, N. Mex. on his death 2421  United States Space Week, designation authorization 2406  Winter Olympic games, 1980, congressional cooperation and support 2410 “Confidence and Concern: Citizens View American Government—A Survey of Public Attitudes”, Part I, printing of additional copies 2399 Conflict-of-interest Statutes, applicability, etc 465, 559, 1390 Congress. See also House of Representatives; Legislative Branch of the Government; Senate.  Adjournment 2398– 2400, 2402, 2404, 2411, 2425  Adjournment, ruling 2406  Adjournment, sine die 2433  Bills providing new spending authority, process 317  Centennial safe, acceptance 2424  Congressional Budget and Impoundment Control Act of 1974 297  Congressional Budget Office, establishment 302  Congressional budget process; timetable 306  Congressional Record, sale and distribution 239  District office equipment, purchase by members leaving office 1388  Federal Rules of Criminal Procedure, proposed amendments to, additional time to consider 397  Franked mail 52  Interstate compacts. See under Interstate Compacts, Consent of Congress Granted to.  Joint Committees, Congressional. See separate title.  Joint session to receive Presidential communications 2397, 2410, 2422  Ninety-fourth, first session, convention date 1770  Nuclear cooperation, prior approval of international agreements for 1460  Records maintained on individuals, disclosure to 1898  Trade agreements, procedures; delegates to negotiations 2001, 2008 Congress, Reports to:  Administrative Conference of the United States, unfair or deceptive practices in or affecting commerce, rulemaking procedures, study 2198  Agriculture, Department of—   National Forest System, Renewable Resource Program, annual evaluation 478   Youth Conservation Corps program 1068  Architectural and Transportation Barriers Compliance Board, handicapped persons, transportation and housing needs, time extension 1622  Arthritis, Metabolism, and Digestive Diseases, National Institute of, Arthritis Plan, proposed activities and evaluation 2224  Arthritis and Related Musculoskeletal Diseases, National Commission on, Arthritis Plan 2221  Atomic Energy, Joint Committee on—   Distribution of special nuclear materials, recommendations 474   Nuclear information 1611  Atomic Energy Commission, distribution of special nuclear materials 474  Attorney General, oil spill liability, uniform law, study 2145  Chief Justice, Federal Rules of Evidence, amendments 1948C19  Child Abuse and Neglect, Advisory Board on, programs assisted under 8  Civil Aeronautics Board, international air transportation, discrimination and unfair practices, elimination program 2103  Civil Service Commission, veterans, employment within the Federal Government, annual 1594  Commerce, Department of—   Economic development and adjustment assistance, annual 1165   Federal Energy Administration actions, economic impact 111   Fire prevention and control 1542, 1545   Foreign investment study 1453   High technology exports, license applications 1554   Petrochemical industry, effects of energy shortages and prices on 113  Commodity Futures Trading Commission—   Insurance legislation 1415   National futures associations 1411   Operation 1392   Research and information programs, plans 1415  Community Services, Intergovernmental Advisory Council on, annual 2297  Comptroller General—   Bonneville Power Administration, financial transactions, audit 1380   Federal Energy Administration programs 106   Import competition, adjustment assistance programs, study 2040   Legal Services Corporation, audit 387   National Commission on Electronic Fund Transfers, audit 1510   Nuclear Safety and Licensing Commission, audit and evaluation of activities 1251  Comptroller of the Currency, Office of the, banks, unfair or deceptive practices in or affecting commerce, activities concerning 2197  Congressional Budget Office, budget, time of submittal, study 321  Copyrighted Works, National Commission on New Technological Uses of, activities and recommendations 1875  Cost of Living Council, petrochemical industry, effects of energy shortages and prices on 113  Defense, Department of—   Aviation career incentive pay, recipients 179   Civilian personnel strength, reduction 404   Export controls 408   Funds, use, transfer, etc 1226–1228, 1231   Military projects 1760   NATO, standardization of equipment 402   Nuclear powered naval vessels, construction, annual 409   Strategic airlift crew ratios, study 403   United States forces in Europe, combat proportion improvement 401  Diabetes, National Commission on, final report 376  District of Columbia Law Revision Council, annual 483  East-West Foreign Trade Board 2066  Education programs 508, 509, 511, 551–553, 555, 557, 598, 600–603, 608  Energy Research and Development Administration—   Federal Nonnuclear Energy Research and Development Act of 1974, activities under 1881, 1894   Helium, potential energy applications of, Federal program management 1238  Engineers, Corps of—   Great Lakes and Saint Lawrence Seaway, report on navigation season extension, time extension 32   Water resources development projects 16, 20–23, 26, 28, 32, 34, 37, 38, 47  Environmental Protection Agency—   Drinking water, cost of carrying out regulations; chemical contamination; waste disposal, studies 1683   Fuel shortages and allocation programs; emission reduction programs; implementation 255, 261  Environmental Quality, Council on, energy research and development, conduct 1892  Export-Import Bank of the United States—   Annual report on operations 2336   Fossil fuels in the Union of Soviet Socialist Republics, loans for research and exploration of 2335  Federal Aviation Administration, passenger screening, effectiveness 415  Federal Deposit Insurance Corporation, banks, unfair or deceptive practices in or affecting commerce, activities concerning 2197  Federal Election Commission—   Budget estimates; activities 1283   Campaign expenses and payments 1301   Proposed rules and regulations, statement 1287, 1303  Federal Energy Administration—   Energy conservation study 260   Federal Energy Administration Act of 1974 98, 109, 111–115  Federal Paperwork, Commission on, findings and recommendations 1790  Federal Reserve System, banks, unfair or deceptive practices in or affecting commerce, activities concerning 2197  Federal Savings and Loan Insurance Corporation, savings and loan associations, mutual to stock conversions, authority 1505  Federal Trade Commission, unfair or deceptive practices in or affecting commerce, rulemaking procedures, study 2198  General Services Administration—   Presidential tape recordings and other historic materials, public access 1696   Transportation payments, transfer of audit functions 1961  Geothermal Energy Coordination and Management Project—   Activities 1088   Geothermal resources development, program definition 1082  Great South Bay, N.Y., flood control survey 33C20  Harry S Truman Scholarship Foundation, operations 2280  Health, Education, and Welfare, Department of—   Aging, research program 186   Alcohol abuse and alcoholism, Federal programs 136   Blind vendors, nationally administered retirement, pension, and health insurance system, study 1630   Child support and establishment of paternity, activities 2352   Community development corporations, Federal programs available to 2322   Diabetes research and training centers, activities, evaluation 377   Handicapped children, status in Headstart programs 2301   Health care—    Costs and financing, resources, and health of the Nation’s people 368    Rate regulation 2250   Runaway youth—    Houses for, status and accomplishments, annual 1131    Survey 1132   State social services programs, assistance 2348, 2350   Supplemental security income benefits, reimbursements to States for interim assistance, assessment 421   White House Conference on Handicapped Individuals 1633  Hoover Institution on War, Revolution and Peace, Stanford University, Calif., expenditure of funds 1919  Housing and Urban Development, Department of—   Community development programs 646, 651   Condominium and cooperative study 740   Experimental housing allowance 726   Lower income housing and State housing finance and development programs, direct financing, feasibility study 740   Mortgage coinsurance 680   Real estate settlement, necessity for further action; special information booklets 1730   Solar energy, use for heating and cooling homes, demonstration 738   Solar heating and cooling programs 1073, 1074, 1076   Urban homesteading program, annual 735  Intergovernmental Relations, Advisory Commission on, deposit insurance coverage for public fund accounts, impact study 1502  Interior, Department of the—   Colorado River salinity control program 274   Grand Canyon National Park, Ariz., deletion of certain lands within, study 2090   Indians, school construction program for 2215   Ohio and Erie Canal, Ohio, preservation study 1448   Salinity control units, planning reports 272   San Juan National Historic Site, Puerto Rico, damage studies 1447   Youth Conservation Corps program 1068  International Trade Commission, United States—   East-West Trade Statistics Monitoring System, data 2065   Imports, exports, and production, statistical enumeration, study 2074   Trade agreement program 2009  Joint Economic Committee, study on inflation 2408  Juvenile Justice, Advisory Committee on Standards for, recommendations 1128  Labor, Department of—   Employee benefit plans, administration 897   Employment opportunities, curtailment of certain, prevention, study 74   Fair labor standards exemptions, economic effects, study 74   Federal employees, compensation for work injuries, study 1150   Federal Energy Administration actions, economic impact 111   Federal procurement, construction, and research grants, employee protection under, study 1000  Law Enforcement Assistance Administration, juvenile delinquency programs 1114, 1127  Legal Services Corporation, annual 386  Lowell Historic Canal District Commission, plan 2332  Management and Budget, Office of—   Commission on Federal Paperwork recommendations, status of action taken 1790   Fiscal year 1973 retroactive pay costs, appropriations 231  Military departments, recyclable material, sale proceeds, use 1766  Modification or discontinuation of certain 1967  National Academy of Sciences, drinking water, maximum contaminant levels, study 1664  National Academy of Sciences-National Academy of Engineering, Washington metropolitan area, water resource needs, scientific basis for study conclusions 37  National Aeronautics and Space Administration, solar heating and cooling systems, comprehensive plan 1073  National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, activities 351  National Commission on Electronic Fund Transfers, findings and recommendations 1509  National Commission on Productivity and Work Quality, activities 237  National Commission on Supplies and Shortages, recommendations 1169  National Institute of Corrections, annual 1141  National Park Service, Sequoia National Park, Calif., hydroelectric project in, impact 1660C21  National Planning and Advisory Council, White House Conference on Handicapped Individuals 1633  National Study Commission on Records and Documents of Federal Officials, findings and recommendations 1701  National Transportation Safety Board, accidents; budget estimates 2160–2171  Navajo and Hopi Indian Relocation Commission, relocation of households, members, and personal property 1717  Nuclear Materials Safety and Safeguards, Office of, need for establishing security agency 1245  Nuclear Regulatory Commission—   Abnormal occurrences 1248   Nuclear center site survey 1247  Office of Management and Budget, budget, time of submittal, study 321  Overseas Private Investment Corporation, transfer of functions, possibility of, analysis 768  Pension Benefit Guaranty Corporation, activities 1014  President of the United States—   Africa, economic assistance to 1816   Budget authority, rescission and deferral 333–335   Budget estimates and proposed legislation for transition to new fiscal year 321   Budget information 323, 325   Cherry Creek exclusion, Calif., review of suitability for preservation as a wilderness and addition to Hoover Wilderness 2155   Conventional arms trade 1818   Deepwater ports, negotiations with Canada and Mexico 2147   Disaster preparedness and assistance programs, review 152   Economic Report, Joint Economic Committee’s filing date, extension 49   Energy functions of the Federal Government, recommendations for organization of 1242   Energy research and development, acquisition of essential materials, proposed rule or order 1892   Exports to controlled countries, recommendation modification 1556   Federal Energy Administration, recommendations 108   Federal juvenile delinquency programs 1114   Foreign assistance, agricultural credit and self-help community development programs 1797   Import relief 2015   Indochina, cessation of hostilities in and reduction of military assistance to, progress 1806   International Atomic Energy Agency, technical assistance 1798   International drug control 2073   Joint Funding Simplification Act of 1974, actions under 1608   Laos, funds for use in, for, or on behalf of 1811   Military assistance program, plan for reduction and elimination 1800   National security 1993   Nuclear incidents involving U.S. warships, certification of claims and judgments 1611   Nuclear materials and technology, review of exports and safeguards 1557   Portuguese African territories, independence of, U.S. actions 1817   South Vietnam, funds for use in, for, or on behalf of 1809   Trade agreements 1983, 1984, 1987, 1992, 2008, 2009, 2057, 2065, 2071   Union of Soviet Socialist Republics, export loans, limitation determination 2336   Water and related resources projects, study and recommendations 34   Wild and scenic rivers, designations, recommendations and proposals 122   World Food Conference resolutions, implementation 1819  President’s Biomedical Research Panel 361  Privacy Protection Study Commission, budget requests, and legislative recommendations, and activities 1906, 1909  Records maintained on individuals, new systems 1904  Small Business Administration, surety bond program, study 749  Solar Energy Coordination and Management Project, activities and comprehensive program definition 1437  Sports Fisheries and Wildlife, Bureau of, detailed personnel, cost 124  State, Department of—   Indochina, cessation of hostilities in and reduction of military assistance to, progress 1806   Northwest Atlantic fisheries, advisory committee for, travel and per diem expenses 293   Portuguese African territories, independence of, U.S. actions 1817  Tariff Commission, United States, petrochemical industry, effects of energy shortages and prices on 113  Trade monitoring system 2041  Trade Negotiations, Advisory Committee for, trade agreements 1997  Transportation, Department of—   Conversion to year-round daylight saving time, final report, time extension 1209   Emergency Mass Transportion Assistance Plan 260   Fare-free mass transportation systems, study 1575   High-speed ground transportation between major west coast cities, feasibility study 1532   Motor vehicle safety standards, annual, date change 1484   Pipeline safety and operation 2146   Rail services, integration with other modes of transportation, study 1534   Railroad safety 2164  Treasury, Department of the—   Adjustment Assistance Trust Fund, operation and status 2027   Counterveiling duties, determination 2051   Foreign investment study 1453   Lower income housing and State housing finance and development C22 programs, direct financing, feasibility study 740  United States Courts, Administrative Office of the—   Disposition of criminal cases, district plans; time limit, suspension 2083, 2085   Pretrial services agencies 2088  University of the District of Columbia, Board of Trustees, higher education, programs and expenditures 1430  Veterans Administration—   Aged veterans and widows, needs and problems 1705   Tuition assistance allowance program, study on abuses 1581 Congressional Budget Act of 1974 297  Appropriation for effecting provisions 1776 Congressional Budget and Impoundment Control Act of 1974 297 Congressional Budget Office:  Budget, submittal to Congress, study 321  Congressional budget actions, periodic reports 314  Establishment 302  Fiscal, budgetary, and program-related data and information systems 329  Joint Committee on Reduction of Federal Expenditures, transfer of functions from 304 Congressional Record, sale and distribution 239 Congressional Research Service, appropriation for 439 Connecticut, Shepaug River, designation for possible inclusion in the national wild and scenic rivers system 2095 Conservation:  Agricultural Stabilization and Conservation Service, appropriation for 1828, 1838  Anadromous Fish Conservation Act—   Amendments—    Extension 398    Sea lamprey control 398    State cooperative agreements, Federal share increase 398  Appropriation for effecting provisions 805  Emergency Energy Conservation Services Program 2294  Forestry incentives program, appropriation for 1839  Migratory birds and their environment, protection 190  Military installations, recycling programs at 1766  Military reservations, expansion and extension of programs on 1369  Public lands, cooperative Federal-State programs 1369  Shoreline Erosion Advisory Panel, establishment 27  Soil Conservation Service, appropriation for 195, 1836  Youth conservation projects, grants to States 1067 Conservation, Office of Energy, transfer of functions to Federal Energy Administration 100 Conservation Act, Emergency Highway Energy:  Amendment, carpool demonstration program applications, extension 2289  Repeal of certain provision 2286 Conservation Act of 1973, Emergency Daylight Saving Time Energy, Amendment, exemption; final report, time extension 1209 Conservation and Domestic Allotment Act, Soil, appropriation for effecting provisions 1829, 1838 Conservation Fund Act of 1965, Land and Water:  Amendment, Federal recreation areas, use fees 192  Appropriation for effecting provisions 621, 805 Consolidated Farm and Rural Development Act, appropriation for effecting provisions 18341831– Consolidated Farmers Home Administration Act of 1961, public facility and housing assistance, applications in areas affected by major disasters, priority 151 Consolidated Rail Corporation, Northeast Corridor project completion, cooperation 1527 Constitution of the United States:  Annotated, appropriation for revision 441  Pocket-size edition, printing of additional copies 2432  Printing as a House document 2397 Constitution of the United States and Declaration of Independence, printing of additional copies 2432 Constitution Week and Citizenship Day, 1974, proclamation 2503 Consumer Affairs, Office of, appropriation for 1840 Consumer Credit Protection Act, Amendment, equal credit opportunity 1521 Consumer Home Mortgage Assistance Act of 1974 714 Consumer Information Act, Egg Research and 1171 Consumer Information Center, appropriation for 1840 Consumer Product Safety Commission:  Appropriation for 1840  Federal mobile home construction and safety standards, cooperation 701  Fire safety standards for consumer products, assistance 1549 Consumer Protection Act of 1973, Agriculture and:  Amendment, domestic food assistance programs, purchase of agricultural commodities for, extension 340  Appropriation for effecting provisions 1829 Consumer Protection Appropriation Act, 1975, Agriculture-Environmental and 1822 Consumers’ Education, Office of, establishment 553 Continuing Appropriations, 1975 281, 1363, 1867 Contracts with the United States:  Aberdeen, Wash., storage space contracts, repayment terms 25  Alcohol and drug abuse, research programs; training grants 1155  Child abuse and neglect, prevention and treatment programs and projects, grants 5  Colorado River Basin salinity control programs 270, 275  Community Development Programs, grants 637  District of Columbia Law Revision Commission, research or surveys 482C23  Economic development programs, research grants 2293, 2305, 2307, 2324  Education programs, training grants, etc 508, 511, 544, 547, 549, 550, 554, 556, 584, 586, 588, 594, 595, 605, 608  Eggs and egg products, advertising, research, marketing, and development projects 1175  Fare-free mass transportation, feasibility demonstration projects 1574  Federal procurement, construction, and research contracts and grants, employee protection under, study 1000  Fire prevention and control, research, etc., grants 1540, 1541  Geothermal energy production loans, payment of interest 1087  Harry S Truman Scholarship Foundation 2280  Health systems planning and development projects 2237  High-speed ground transportation between major west coast cities, study 1532  Indians—   Bureau of Indian Affairs programs, grants to tribal organizations 2206, 2207   Health service programs and services, grants to tribal organizations 2206, 2207   School construction for 2214  Joint Funding Simplification Act of 1974 1604  Juvenile justice and delinquency prevention programs, grants 1115,1122  Low-income housing projects, annual contributions 657, 662  Military bands, recordings for American Revolution Bicentennial, production and sale 1868  Mobile homes and records, inspection 707  Multifamily mortgage assistance projects, monitoring and supervision 674  National Institute of Building Sciences, programs 733  Satellite services 243  Solar heating and cooling systems, grants 1071, 1072  Special housing needs, research and demonstration grants 738  State housing finance and development agencies, grants 722  Sudden infant death syndrome, grants for research and counseling 90, 91  Timber sales, contracts in major disaster areas 158  Trade negotiations 2000  Youth Conservation Corps projects 1067 Controlled Substances Act, Amendments:  Extension 1455  “No-knock” search warrant provision, repeal 1445  Parole eligibility of narcotics offenders convicted under former statutes 1455  Practitioners, narcotic drug dispensation, annual registration 124 “Controlling the Damage: United States Policy Options for Greece”, printing of copies 2405 Convention of American Instructors of the Deaf, printing of proceedings 2398 “Cooley Trade” Laws, repeal 1387 Cooperative Research Act:  Amendment, title renamed Special Projects Act 544  Appropriation for effecting provisions 1642 Cooperative State Research Service, appropriation for 217, 1825 Coordinating Council on Juvenile Justice and Delinquency Prevention, establishment 1116 Copper, duty suspension, extension 1534 Copyright Office, appropriation for 207, 439 Copyrighted Works, National Commission on New Technological Uses of, establishment 1873 Copyrights, sound recordings 1873 Corporation for Public Broadcasting, appropriation for 1649 Corporations:  American Hospital of Paris, Incorporated, board of governors, membership 85  American Legion, membership, eligibility for 1792  Appropriation for 1106  Commodity Credit Corporation, appropriation for 1830  Community Development Corporation, renamed New Community Development Corporation 725  Consolidated Rail Corporation, Northeast Corridor project completion, cooperation 1527  “Disclosure of Corporate Ownership”, printing as Senate document 2398  Federal Crop Insurance Corporation, appropriation for 1830  Federal Deposit Insurance Corporation. See separate title.  Government Corporation Control Act—   Amendments—    Audit, frequency 1962    Pension Benefit Guaranty Corporation, a Government entity 1005   Appropriation for effecting provisions 1641, 1830  Legal Services Corporation Act of 1974 378  Little League Baseball, Incorporated, girls, equal participation 1744  Model Community Economic Development Finance Corporation, plan for establishment 2320  National Railroad Passenger Corporation. See separate title.  National Railway Historical Society, Incorporated, Hawaii Chapter, surplus property donations 1742  Overseas Private Investment Corporation, extension of authority 763–768  Pennsylvania Avenue Development Corporation, appropriation for 822  Pension Benefit Guaranty Corporation—   Advisory committee, establishment 1005   Employee benefit plans, reports to 840   Establishment 1004  Political funds, contributions to 1272  Saint Lawrence Seaway Development Corporation—   Administrator, term 1977   Appropriation for 225, 777 Corps of Engineers. See Engineers, Corps of. Corrections, National Institute of, establishment 1139C24 Cosmetic Act, Federal Food, Drug, and, Amendment, bottled drinking water standards 1694 Cost-Accounting Standards Board, appropriation for 443 Cost of Living Council:  Cost of energy, proposed rules and regulations, notification 100  Energy Division, transfer of functions to Federal Energy Administration 100 Council of Economic Advisers:  Appropriation for 216, 617  National Commission on Productivity and Work Quality, cooperation 237 Council on Environmental Quality:  Appropriation for 1834  New motor vehicles, fuel economy study, cooperation 262  Nonnuclear energy technologies, environmental evaluation 1892  Oil spills, uniform law for liability, study 2145  Report to by Nuclear Regulatory Commission, nuclear center site survey 1247  Transportation regulations study, cooperation 257 Council on International Economic Policy, appropriation for 216, 617 Council on Wage and Price Stability:  Appropriation for 1781  Establishment 750 Council on Wage and Price Stability Act 750  Amendment, report to President for transmittal to Congress, quarterly 1367  Appropriation for effecting provisions 1781 Country Music Month, October 1974, proclamation 2529 Court of Military Appeals, appropriation for 1218 Courts, United States:  Administrative Office—   Appropriation for 1202   Pretrial services agencies, establishment 2086  Antitrust Procedures and Penalties Act 1706  Appeals, Courts of—   Appropriation for 209, 216, 1201   Commodity Futures Trading Commission, review of orders 1394   Deepwater Port Act of 1974, decisions under, judicial review 2141   Education programs, State application disapproval, judicial review 570   Interstate Commerce Commission decisions, judicial review 1917   Medical facilities, modernization and construction projects, judicial review 2269   Mobile home construction and safety standards, judicial review of orders 702   National Transportation Safety Board, judicial review of orders 2171   Presidential Primary Matching Payment Account Act, judicial review 1302   Trade-related unemployment, worker assistance determinations, judicial review 2029  Appellate System, Commission on Revision of the Federal Court—   Additional funds 1153   Appropriation for 1779   Report to President, Congress, and Chief Justice, time extension 1153  Claims, United States Court of—   Appropriation for 216, 1201   Firefighting on Federal property, reimbursement claims, jurisdiction 1543   Intervention on the High Seas Act, jurisdiction 10  Customs and Patent Appeals, Court of—   Appropriation for 1201   Unfair import practices, determinations, judicial review 2054  Customs Court, appropriation for 216, 1201  District Courts—   Appropriation for 209, 216, 1201   Busing orders, postponement of effectiveness 519   Canal Zone, transfer of marriage license authority to Canal Zone Government 1417, 1419   Child support obligations, civil actions to enforce, jurisdiction 2358   Community development programs, noncompliance, civil action 650   Consumer product warranties, jurisdiction 2190   Consumers, unfair or deceptive practices to, knowing violations of rules prohibiting, civil action 2200   Criminal cases, speedy disposition of, plans 2081   Criminal justice, administration of, continuing study 2081   Deepwater Port Act of 1974, violation, civil action for relief 2140   Delinquency proceedings in 1134   District of Columbia—    Noxious weeds, owners of destroyed property, civil action 2150    Property taxes, class action suits, procedure 1057   Drinking water regulations—    Enforcement 1667    Exemptions or variances, jurisdiction 1689   Egg Research and Consumer Information Act, jurisdiction 1177   Employee benefit plans, jurisdiction 892   Energy information reporting, compliance order 263   Equal educational opportunity, civil action for relief; jurisdiction 516   Farm labor contractor registration penalties, review 1657   Federal agency records, examination of those withheld 1562   Federal Election Campaign Act of 1971, constitutionality, judicial review 1285   Federal employment, age discrimination, civil action for legal or equitable relief 75   Federal Energy Administration Act of 1974, jurisdiction 103   Hazardous Materials Transportation Act, enforcement, jurisdiction 2159   Import increases, assistance to firms injured by, jurisdiction 2034   Motor vehicle safety orders, enforcement 1474   National Mobile Home Construction and Safety Standards Act of 1974, jurisdiction 705   Pension Benefit Guaranty Corporation, actions, jurisdiction 1007C25   Public water systems, chemical treatment orders, enforcement 1682   Railroad safety orders, enforcement, jurisdiction 2166   Real Estate Settlement Procedures Act of 1974, jurisdiction 1731   Records maintained on individuals by Federal agencies, jurisdiction 1901  District of Columbia. See Courts under District of Columbia.  Federal Judicial Center—   Appropriation for 216, 1203   Disposition of criminal cases, advice to planning groups and district courts 2084  Federal Rules of Civil Procedure, congressional approval of amendments 1949  Federal Rules of Criminal Procedure—   Amendments, congressional approval 1949   Proposed amendments to, congressional approval, time extension 397  Federal Rules of Evidence 1926  Judicial disqualification 1609  Pretrial services agencies, establishment 2086  Speedy Trial Act of 1974 2076  Supreme Court of the United States—   Appropriation for 215, 1200, 1779   Chief Justice, National Study Commission on Records and Documents of Federal Officials, appointment of member 1700   Federal Rules of Civil Procedure, amendments, congressional approval 1949   Federal Rules of Criminal Procedure, amendments, congressional approval 1949   Federal Rules of Evidence, amendatory authority 1948   Former Chief Justice Earl Warren, oil portrait and marble bust, procurement 1362  Tax Court of the United States—   Appropriation for 215, 629   Retirement plans, qualifications, declaratory judgments 949  United States Magistrates, appropriation for 1202 Credit Billing Act, Fair 1511 Credit Opportunity Act, Equal 1521 Credit Union Act, Federal. See Federal Credit Union Act. Credit Union Administration, National, National Commission on Electronic Fund Transfers, member 1508 Crime Control and Safe Streets Act of 1968, Omnibus:  Amendments—   Conforming amendments 1142   National Commission for the Review of Federal and State Laws on Wiretapping and Electronic Surveillance, extension; closed meetings 1972  Appropriation for effecting provisions 1194 Crimes and Misdemeanors:  Agricultural commodities, perishable, monetary penalty for violation of marketing practices 423  Air transportation, granting or receiving rebates, penalty 2106  Aircraft, carrying weapons and explosives aboard, penalties 417  Alcoholic patients, confidentiality of records, penalty for violation 132  Antihijacking Act of 1974 409  Antitrust violations, increased penalties 1708  Attorneys representing District of Columbia indigents in criminal cases, dual compensation, penalty 1092  Canal Zone, marriage license requirements, penalties for violations 1419  Child labor regulations, penalty for violation 72  Coal conversion and allocation; energy information requirements, penalties for violation 265  Commodity Exchange Act, penalties for violations 1403, 1404, 1412  Community development programs, penalty for violation 2314  Consumers, unfair or deceptive practices to, knowing violations of rules prohibiting, penalties 2200  Credit billing error correction and credit report regulation, noncompliance, penalty 1513  Credit cards, fradulent use, penalty 1520  Deepwater Port Act of 1974, penalties for violation 2140–2142  Disaster Relief Act of 1974, penalty for violation 152  District of Columbia Campaign Finance Reform and Conflict of Interest Act, penalties for violation 464, 470  District of Columbia Real Property Tax Revision Act of 1974, penalties for violations under 1057, 1065  Drinking water regulations, penalties for violation 1667, 1668, 1678–1680, 1682, 1687  Drug abuse patients, confidentiality of records, penalty for violation 138  Egg Research and Consumer Information Act, penalty for violation 1174, 1177  Employee Retirement Income Security Act of 1974, penalties for violations under 866, 887, 891, 895, 946, 948, 968  Farm labor contractor registration, penalties for violation 1656, 1657  Federal Election Campaign Act Amendments of 1974, penalty for violations under 1266–1268, 1302  Foreign Investment Study Act of 1974, penalties for noncompliance 1453  Gold and silver transactions, leverage contracts, penalties for violation 1405  Hazardous Materials Transportation Act, penalties for violation 2160  Holding Company System Regulatory Act, penalty for violation 762  Hunting, trapping, or fishing on certain public lands without public land management area stamp, penalties 1372  Import increases, firms injured by, assistance determinations, penalty for violation 2034  Indian self-determination and education assistance programs, penalties for violation of contracts 2205  Intervention on the High Seas Act, penalty for violations 10  Medals, restriction on use of gold in, penalty for violation 1978  Mobile home construction and safety standards, violation 705, 712C26  Narcotics offenders convicted under laws repealed by Controlled Substances Act, eligibility for parole 1455  “No-knock” search warrant authority, repeal 1455  Noxious weeds, prohibitions and quarantines, penalty for violation 2151  Nuclear Safety and Licensing Commission regulations, failure to report noncompliance, penalty 1247  Privacy Act of 1974, penalties for violation 1902, 1909  Railroad Retirement Act of 1974, penalty for violation 1345  Real estate settlement, prohibition against kickbacks and unearned fees, penalties for violation 1728  Real property, disclosure of previous selling price, penalties for noncompliance 1727  “Smokey Bear”, name and character, unauthorized use or reproduction, penalty 245  Sound recordings, copyright infringement 1873  Speedy Trial Act of 1974 2076  Substandard vehicles, prohibition against sale, importation, etc., increased penalty for violation 1478  Trade-related unemployment, worker adjustment assistance agreements, penalty for violation 2026  Wage and Price Control, Council on, disclosure of confidential information 751  “Woodsey Owl”, name, character, or slogan, unauthorized use or reproduction, penalty 245 Criminal Justice Act, District of Columbia. 1089 Criminal Procedure, Federal Rules of:  Amendments, congressional approval 1949  Proposed amendments to, congressional approval, time extension 397 Crop Insurance Act, Federal, Amendment, audit requirement 1963 Crop Insurance Corporation, Federal, appropriation for 1830 Culebra, Island of, naval training operations, restrictions 406 Cultural and Technical Interchange Between East and West, Center for, appropriation for 208, 1191 Cultural Exchange Act of 1961, Mutual Educational and, appropriation for effecting provisions 1191, 1207, 1642 Cumberland Gap National Historical Park, Ky.-Tenn., acquisition and development ceiling increases; boundary changes 1445, 1446 Cumbres and Toltec Scenic Railroad Compact 1421 Customs, Bureau of:  Appropriation for 225, 614  Border facilities, increased funds for 794  Immigration inspection, transfer of certain functions to, nullification 50 Customs and Patent Appeals, United States Court of:  Appropriation for 1201  Unfair import practices, determinations, judicial review 2054 Customs Court, United States, appropriation for 216, 1201 Customs Service, United States, appropriation for 614 Cuyahoga Valley National Recreation Area, Ohio, establishment 1784 Cuyahoga Valley National Recreation Area Advisory Commission, establishment 1788 Cyprus:  Famine and disaster relief 1803, 1867  Relief, rehabilitation, and reconstruction assistance 1363 Czechoslovakia, debts to U.S. citizens and nationals, payment 2064 Dairy Farmers and Manufacturers, indemnity payments to, appropriation for 1829 Darien Gap Highway, appropriation for 774 Day of Prayer, National, 1974, proclamation 2544 Daylight Saving Time Energy Conservation Act of 1973, Emergency, Amendment, exemption; final report, time extension 1209 Deaf:  Convention of American Instructors of the Deaf, printing of proceedings 2398  Gallaudet College, D.C., appropriation for 204, 1646  Model Secondary School for the Deaf, appropriation for effecting provisions 1646  National Technical Institute for the Deaf, appropriation for 1646  National Technical Institute for the Deaf Act, appropriation for effecting provisions 1646 Deaf-Blind Youth and Adults, National Center for:  Program extension 1619  Report to Congress, elimination 1968 Declaration of Independence, Constitution of the United States and, printing of additional copies 2432 Deepwater Port Act of 1974 2126 Deepwater Port Liability Fund, establishment 2143 Defense, Department of. See also Armed Forces and individual services.  Aliens, employment 1224  Appropriation Act, 1975 1212  Appropriation Authorization Act, 1974, Supplemental 233   Amendment, enlistment qualifications 406  Appropriation Authorization Act, 1975 399  Appropriation for 196, 207, 219, 629, 783, 1212  Architectural and Transportation Barriers Compliance Board, member 1621  Arthritis Coordinating Committee, member 2221  Aviation Career Incentive Act of 1974, progress report, cooperation 180  Cataloging and standardization programs, annual progress reports to congressional committees 1971  Chemical and biological warfare, report modification 1971  Civil defense, contributions to States for, report modification 1971  Civil functions, appropriation for 207, 219, 783, 1099  Civilian personnel strength 403C27   Administrative settlement, increased limits 291   Appropriation for settlement 1218  Commissary stores, surcharge 1765  Common carrier applications, notice of certain to 1577  Contingencies, appropriation for 1218  Court of Military Appeals, appropriation for 1218  Deepwater ports, safety zones 2138  Defense Civil Preparedness Agency, appropriation for 629  Defense Manpower Commission, appropriation for 1233  Exports—   Controlled countries, exports to, review 1555   Controls 408   Technical advisory committees for exports subject to national security control, member 1553  Facilities for defense agencies 1756  Family housing, appropriation for 219, 2181  Fishery management jurisdiction, enforcement study, cooperation 1183  Foreign currency program, special, appropriation for payment 1223  Foreign goods, procurement restrictions 407  Funeral Transportation and Living Expense Benefits Act of 1974 53  General provisions, Appropriation Acts 1224, 2182  Health and Environment, Assistant Secretary for, ex officio member of the National Council on Health Planning and Development 2228  Homeowners assistance 1757  Interagency Committee on Federal Activities for Alcohol Abuse and Alcoholism, member 133 Imports, national security investigation, cooperation 1993  Military bands, sale of recordings for American Revolution Bicentennial-1868 Military construction, appropriation authorization 234  Military Construction Appropriation Act, 1975 2179  Military Construction Authorization Act, 1975 1756  Military family housing 1757  Military reservations, conservation and rehabilitation programs on, expansion and extension 1369  National Commission on Arthritis and Related Musculoskeletal Diseases, ex officio member 2218  National Study Commission on Records and Documents of Federal Officials, appointment of member 1700  Operation and maintenance, appropriation for 196, 1216  Overseas dependents’ schools, authorization of funds 537  Procurement, appropriation for 1222  Public safety awards, selection of individuals for 1544  Recyclable material, sale proceeds, use, 1765 Reporting requirements, elimination of certain 1968  Research, development, etc., appropriation for 1223  Reserve Forces Facilities Authorization Act, 1975 1770  Retired pay, appropriation for 196, 1214  Solar heating and cooling systems, installation on Federal property; regulations 1071, 1073, 1078  Soldiers’ and Airmen’s Home, appropriation for 219, 1651  Strategic airlift crew ratio, study 403  Tactical nuclear weapons in Europe, study 402  Test and Evaluation, Director of, appropriation for 1223  Trade agreements, cooperation 1995 Defense Civil Preparedness Agency, appropriation for 629 Defense Education Act of 1958, National:  Amendment, extension 588  Appropriation for effecting provisions 203, 276, 1101, 1642, 1773 Defense Manpower Commission, appropriation for 1233 Defense Production Act Amendments of 1974 1166 Amendment, National Commission on Supplies and Shortages, establishment 1168 Defense Production Act of 1950:  Amendments— Extension 280, 419, 1167   Repeal of certain provision 1166   Stockpile financing 1167  Appropriation for effecting provisions 443, 627 Defense Supplemental Appropriation Authorization Act of 1974, Department of 233 Defense Transportation Day and National Transportation Week, National, 1974, proclamation 2480 Deficiency Appropriation Act, repeal of certain provisions 322 Delaware River Basin Commission, appropriation for 790 Demonstration Cities and Metropolitan Development Act of 1966:  Amendments—   Model cities program, extension 652   Urban mass transit programs, coordination with model cities programs 1572  Appropriation for effecting provisions 1097, 2182  City demonstration program, new grants or loans, prohibition 652 Dental Research, National Institute of:  Appropriation for 1639  National Commission on Diabetes, member 374 Department of Housing and Urban Development; Space, Science, Veterans, and Certain Other Independent Agencies Appropriation Act, 1975 1095 Department of the Interior and Related Agencies Appropriation Act, 1975 803 Dependents’ Medical Care Act, appropriation for effecting provisions 1641 Diabetes, National Commission on, establishment 374 Diabetes Mellitus Coordinating Committee, establishment 377 Diabetes Mellitus Research and Education Act, National 373 Diego Garcia, construction projects at, requirements 1766C28 Disabled Veterans’ and Servicemen’s Automobile and Adaptive Equipment Amendments of 1974 1736 Disaster Areas:  Community disaster loans 158  Debris removal 154  Disaster Relief Act of 1974 143  Disaster warnings 145  Housing assistance, temporary, etc 150, 154  Relocation assistance 157  Timber sale contracts 158  Tobacco acreage allotments or quotas, N.C., emergency lease or transfer 1416 Disaster Assistance Act of 1974, Foreign 290 Disaster Assistance Administration, Federal, appropriation for 200 Disaster Loan Fund, appropriation for 1206 Disaster Relief Act of 1970:  Amendments—   Repeal of certain provisions 164   State and local government facilities, substitute services, costs 24  Appropriation for effecting provisions 200, 1098 Disaster Relief Act of 1974 143  Appropriation for effecting provisions 1099 “Disclosure of Corporate Ownership”, printing as Senate document 2398 Discrimination, Prohibition of:  Community development programs 649  Community economic development programs 2323  Credit transactions 1521  Disaster assistance programs 150, 155  Employee benefit plans, participant or beneficiary 895, 938  Equal Educational Opportunities Act of 1974 514  Farm labor contractor requirements, aggrieved migrant workers 1658  Federal Energy Administration programs, exclusion from participation in, or denial of benefits of 109  Federal government employment, age discrimination 74  Headstart and Follow Through programs 2309  Home mortgage assistance 728  International Air Transportation Fair Competitive Practices Act of 1974 2102  Juvenile justice and delinquency prevention programs, exclusion from participation in or denial of benefits of 1129  Naval Sea Cadet Corps youth programs 1575  Public water systems safety program 1692  Sex discrimination prohibitions, exemption for certain organizations 1862  Submerged lands conveyed to Guam, Virgin Islands, and American Samoa, denial of access to or benefits from 1212 Disease Control, Center for, appropriation for 1638 District Courts. See under Courts, United States. District of Columbia:  Advisory neighborhood councils, referendum clarification 93  American Hospital of Paris, Inc., board of governors, membership 85  Appropriation Act, 1975 822  Appropriation for 198, 229, 822  Bar Association, Board of Governors, appointments by, District of Columbia Law Revision Commission, members 481  Board of Education—   Teachers’ salary information, submittal to Mayor 1049   Teaching certificates, regulations 1049   Vacancies, procedure for filling 794  Board of Elections and Ethics, General Counsel, appointment 455  Board of Elections of the District of Columbia, name change to District of Columbia Board of Elections and Ethics 458  Board of Equalization and Review, establishment 1055  Board of Higher Education, abolishment, transfer of functions to the Board of Trustees, University of the District of Columbia 1428  Capital outlay, appropriation for 199, 823, 826  Child abuse and neglect, demonstration programs, treatment as a State 2310  City personnel salary and benefits study committee, establishment 1039  Claims and suits, settlement, appropriation for 199, 825  Commissioner—   Appointments by—    District of Columbia Law Revision Commission, members 481    Police and Firemen’s Retirement and Relief Board, members 1041    Property tax assessors 1054   Appointments by, with advice and consent of the Council, Board of Equalization and Review, members 1055   Police and firemen, compensation, study 1038   Reports to—    District of Columbia Law Revision Commission, annual 483    Joint Committee on Judicial Administration, budget estimates for representation of indigents 1093   Tax comparison information, publication 1053  Condominiums, moratorium on conversion to, authority for 794  Corporate taxation 85  Council of the District of Columbia—   Chairman—    Appointment by, District of Columbia Law Revision Commission, member 481    Vacancy, procedure for filling 793   Condominiums, moratorium on conversion to, authority for 794   Municipal Code, codification, publication, and distribution 483   1974 elections, study and public report 471   Reports to—    Board of Trustees, University of the District of Columbia, higher education programs and expenditures 1430    District of Columbia Law Revision Commission, annual 483C29  Courts—   Appeals, Court of—    Commerce, unfair or deceptive practices in or affecting, rules, judicial review 2195    Drinking water regulations, petition for review 1689    Federal Energy Administration Act of 1974, judicial review 102    Holding Company System Regulatory Act, judicial review 762    Practice of psychology decisions, judicial review 1615    Unemployment Compensation Board decisions, judicial review 1617   District Court—    Noxious weeds, owners of destroyed property, civil action 2150    Presidential recordings and materials, preservation, jurisdiction 1698  Department of Corrections, employees, retirement benefits 355  Director of Campaign Finance, establishment 454  District of Columbia Board of Elections and Ethics—   New name for Board of Elections of the District or Columbia 458   Reports to, candidates and District office holders, disclosure of financial interests 467, 468  District of Columbia Board of Elections and Ethics Nominating Committee, establishment 456  District of Columbia Corporation Counsel, appointments by, District of Columbia Law Revision Commission, member 481  District of Columbia Register, publication in—   Lobbyist registration information 464   Price index 461  Education, appropriation for 824  Educational Personnel, The Interstate Agreement of Qualification of, authorization to enter 1612  Environmental services, appropriation for 825  Federal City College, president of, appriation for 824  Federal payment to, appropriation for 822  Fire Department—   Holidays, date changes 1038   Survivors benefits 1041  First Infantry Division, United States Forces in Vietnam, erection of monument in 741  Fiscal year, dates of, adjustment 793  Gallaudet College, appropriation for 204, 1646  General provisions, Appropriation Act 827  Highways and traffic, appropriation for 825  Historic properties in, tax relief 1058  Holding Company System Regulatory Act 752  Howard University, appropriation for 204, 1646  Human resources, appropriation for 824  Indigents, representation in criminal cases 1090  Judicial Administration, Joint Committee on—   Appointments by, District of Columbia Law Revision Commission, members 481   Representation of indigents in criminal cases, plan 1090  Legal Services Corporation, establishment 379  Manpower Administration, transferred employees, civil service rights 793  Mayor—   Appointments by, Board of Trustees, University of the District of Columbia 1424   Police and firemen, compensation, study 1038   Report to by Board of Trustees, University of the District of Columbia, higher education, programs and expenditures 1430   Teachers’ salary information, submittal to Council 1049  Metropolitan Police—   Holidays, date changes 1038   Survivors benefits 1041  Municipal Code, codification, publication, and distribution 483  National Capital Housing Authority, audits, frequency 1963  Office of the People’s Counsel, establishment 1975  Pennsylvania Avenue Development Corporation, construction, moratorium, extension 1170  Police and Firemen’s Retirement and Relief Board, establishment 1041  Policemen and Firemen’s Retirement and Disability Act, Amendment, disability retirement pay 2177  Public safety, appropriation for 199, 824  Public Service Commission, terms 2178  Real property tax 1052, 1065  Recreation, appropriation for 824  Saint Elizabeths Hospital—   Appropriation for 1640, 1773   United States prisoners, reimbursement for support of 1194  School fare subsidy, extension 446  Search and seizure, repeal of “no-knock” authority 1455  Sewall-Belmont House National Historic Site, designation 1463  Smallpox vaccination requirement, repeal 290  Superintendent of Schools, appropriation for 824  Tax delinquent property, disposal 1059  Teachers—   Certificates, term and conditions 1049   Retirement annuities 1050   Salary increase 1042  Teachers’ Salary Act Amendments of 1974 1042   Technical amendments 2175  United States Attorney, District of Columbia Campaign Finance Reform and Conflict of Interest Act, prosecution of violations 455, 470  Union Station—   Intermodal transportation terminal, construction at 1528, 1533   Parking facilities adjacent to, construction 1449C30  University of the District of Columbia, establishment 1424  Vocational Board, abolishment, transfer of functions to the Board of Trustees, University of the District of Columbia 1428  Vouchers, statistical sampling procedures in examination of 1959  Washington Metropolitan Area Transit Authority, appropriation for 212, 779  Washington Technical Institute, president of, appropriation for 824 District of Columbia Administrative Procedure Act, Amendment, District of Columbia Municipal Code, codification and publication 483 District of Columbia Appropriation Act, 1975 822 District of Columbia Board of Elections and Ethics Nominating Committee, establishment 456 District of Columbia Campaign Finance Reform and Conflict of Interest Act 446  Amendments—   Conflict of interest restrictions 2178   Director of Campaign Finance, term 2177 District of Columbia Code, new edition, appropriation for publication 433 District of Columbia Criminal Justice Act 1089 District of Columbia Election Act, Amendments:  Board of Education, vacancies, procedure for filling 794  Board of Elections and Ethics—   Compensation of members 471   Impartiality, regulations 2177 District of Columbia Income and Franchise Tax Act of 1947, Amendment, campaign contribution tax credits 470 District of Columbia Law Revision Com-mission, establishment 480 District of Columbia Law Revision Commission Act, The 480 District of Columbia Medical and Dental Manpower Act of 1970:  Amendment, extension 763  Appropriation for effecting provisions 1641 District of Columbia Police and Firemen’s Salary Act of 1958, Amendments:  Helicopter pilots and bomb disposal unit, extra pay 1036  Longevity, computation 1037  Reappointed officers and members, compensation 1036  Salary increase 1036  Technical amendments 2173  Technicians, extra pay 1037 District of Columbia Public Education Act, appropriation for effecting provisions 1825, 1826 District of Columbia Public Postsecondary Education Reorganization Act 1423 District of Columbia Public Works Act of 1954, Amendment, repeal of certain provisions 1065 District of Columbia Real Property Tax Revision Act of 1974 1051  Technical and clarifying amendments 2176–2178  District of Columbia Redevelopment Act of 1945, Amendment, National Capital Housing Authority, audits, frequency 1963 District of Columbia Revenue Act of 1947, Amendment, corporate taxation 85 District of Columbia Sales Tax Act, Amendment, sales tax, admission charges to public events 1064 District of Columbia Self-Government and Governmental Reorganization Act:  Amendments—   Advisory neighborhood councils, referendum clarification 93   Council of the District of Columbia, Office of the Chairman, procedure for filling a vacancy 793   Effective dates, revisions 794   Fiscal year, dates of, adjustment 793   Manpower Administration, District of Columbia, transferred employees, civil service rights 793   Political participation in certain elections 86  Appropriation for effecting provisions 823 District of Columbia Teachers’ Salary Act of 1955, Amendments:  Salary increases 1042  Technical amendments 2175 District of Columbia Unemployment Compensation Act, Amendment, Unemployment Compensation Board, judicial review of decisions 1617 Dogs, use in biological or chemical warfare research, prohibition 406 Domestic and International Business Administration, appropriation for 218, 1196 Domestic Council, appropriation for 617 Domestic Volunteer Service Act of 1973:  Amendment, Retired Senior Volunteer Program, local contributions, restrictions 358  Appropriation for effecting provisions 1649 Drinking Water Advisory Council, National, establishment 1688 Drug, and Cosmetic Act, Federal Food, Amendment, bottled drinking water standards 1694 Drug Abuse, and Mental Health, National Panel on Alcohol, establishment 134 Drug Abuse, and Mental Health Administration, Alcohol:  Appropriation for 1640, 1773  Establishment 134  National Research Services Awards 342 Drug Abuse, National Advisory Council on, National Panel on Alcohol, Drug Abuse, and Mental Health, member 134 Drug Abuse, National Institute on:  Biomedical and behavioral research, peer review of grant applications and contracts, cooperation 360  Departmental position of 136 Drug Abuse Education Act Amendments of 1974, Alcohol and 1154 Drug Abuse Education Act of 1970, Amendments:  Extension 1157  Title renamed Alcohol and Drug Abuse Education Act 1154 Drug Abuse Office and Treatment Act of 1972:  Amendments—   National Institute on Drug Abuse, departmental position of 136   Patient records, confidentiality 137  Appropriation for effecting provisions 619, 1640C31 Drug Abuse Prevention, Special Action Page Office for:  Appropriation for 619  Coordinating Council on Juvenile Justice and Delinquency Prevention, member 1116 Drug Abuse Prevention Week, 1974, proclamation 2531 Drug Enforcement Administration:  Appropriation for 223, 1195  Protection of agents 1456 Drugs:  Marihuana, prohibition of payment of funds to persons producing for illegal use 1842  Narcotic Addict Rehabilitation Act of 1966, appropriation for effecting provisions 1640  Narcotic Addict Treatment Act of 1974 124  Narcotic drug dispensation, annual registration of practitioners 124  Narcotics offenders convicted under former statutes, parole eligibility 1455  Rehabilitation program 2299 Earth Week, 1974, proclamation 2475 East-West Foreign Trade Board, establishment 2065 Economic Advisers, Council of:  Appropriation for 216, 617  National Commission on Productivity and Work Quality, cooperation 237 Economic Development Administration, appropriation for 1196, 1778, 2108 Economic Opportunity, and Community Partnership Act of 1974, Headstart 2291 Economic Opportunity, Office of:  Appropriation for 204  Intergovernmental Advisory Council on Community Services, establishment 2297  Wage information on certain employees, elimination of report requirement 1970 Economic Opportunity Act of 1964:  Amendments—   Alcoholic Counseling and Recovery program 2299   Antipoverty agencies, withholding of certain Federal taxes 2315   Community economic development—    Development loans 2319    Special rural programs 2318    Supportive programs and activities 2321    Urban and rural special impact programs 2316   Community Services Administration, establishment 2310   Comprehensive Health Services program 2298   Criminal provisions 2314   Demonstration community partnership agreements 2296   Drug Rehabilitation program 2299   Emergency Energy Conservation Services program 2294   Employment and investment incentive provisions, repeal 745   Evaluation of programs and projects, report to congressional committees 2328   Extension 2329   Follow Through Programs 2306   Former “Legal Services” program, repeal 390   Headstart programs, extension 2300   Intergovernmental Advisory Council on Community Services, establishment 2297   Legal Services Corporation, independent status 390   Legal Services Corporation Act 378   Migrant and seasonally employed farmworkers programs 2298   Model Community Economic Development Finance Corporation, plan for establishment 2320   Native American programs 2324   Research and demonstrations 2292   Summer Youth Recreation program 2295   Wage information on certain employees, elimination of report requirement 1970  Appropriation for effecting provisions 203, 204, 1205, 1641, 1834  Repeal of certain provisions 745, 2294 Economic Opportunity Amendments of 1967, Amendment, repeal of certain provision 2330 Economic Opportunity Amendments of 1969, Amendment, repeal of certain provision 2330 Economic Policy, Council on International, appropriation for 216, 617 Economic Policy Act of 1972, International, Amendment, appropriation authorization 239 Economic Report of the President, Joint Economic Committee’s filing date, extension 49 Economic Research Service, appropriation for 217, 1826 Economic Stabilization Act of 1970, appropriation for effecting provisions 614 Economic Statistics Administration, Social and:  Appropriation for 218, 1196, 1643  Census, Bureau of the—   Education Statistics, Advisory Council on, member 556   Records maintained on individuals, disclosure to 1897 Education. See also Schools and Colleges.  Alcohol and Drug Abuse Education Act Amendments of 1974 1154  Arts, elementary and secondary school education programs 556  Bilingual adult education programs 578  Busing, appropriated funds for use of, prohibition 519  Campus disrupters, denial of financial assistance 1102, 1209, 1231, 1651  Career education 551  Community schools 549  Consumers’ education 553  Cooperative Research Act, amendment, title renamed Special Projects Act 544  District of Columbia Public Post-secondary Education Reorganization Act 1423  Ethnic heritage studies centers, extension 513  Family Educational Rights and Privacy Act of 1974 571  Federal acquisition of real property, extension 522  Federal property, children whose parents reside or work on 523–535C32  Fire Training and Education, Committee on, establishment 1539  Gifted and talented children 547  Impact area programs, extension 521  Interstate Agreement on Qualification of Educational Personnel, The, authorization of D.C. to enter 1612  Legal education fellowship program 296  Legal professions, training assistance 605  Mathematics, special projects for teaching 588  Metric system of measurement, education for use 546  Migratory fishermen, education of children, grants 492  National Academy for Fire Prevention and Control, establishment 1537  National reading improvement programs 588  Private school children, special education services 497, 541  Special Projects Act, new title for the Cooperative Research Act 544  Studies and surveys 599  Teachers—   Adult education, training 577   Bilingual education, training 508   Indian education, special training programs 586   Teacher Corps, extension of program 605  Training grants 508, 511, 544, 547, 549, 550, 554, 556, 584, 586, 588, 594, 595, 605, 608  Veterans—   Allowance increase 1579, 1958   Assistance, time extension 176   Loan program 1589   Programs, ten-year delimiting period 292  White House Conference on Education 597  Women’s educational equity 554 Education, National Advisory Council for Adult, reports to by State advisory councils, recommendations 578 Education, National Advisory Council for Career, establishment 552 Education, National Advisory Council on Bilingual, establishment 510 Education, National Advisory Council on Vocational:  Authority to accept gifts and transfer funds 1849  Career Education, National Advisory Council for, member 552 Education, National Institute of. See National Institute of Education. Education, Office of:  Appropriation for 201, 203, 220, 1641, 1773  Bilingual Education, Office of, establishment 509  Career Education, National Advisory Council for, member 552  Career Education, Office of—   Career Education, National Advisory Council for, member 552   Establishment 551  Child Abuse and Neglect, Advisory Board on, member 7  Community Education Advisory Council, establishment 550  Consumers’ Education, Office of, establishment 553  Education Statistics, Advisory Council on, member 556  Harry S Truman Scholarship Foundation, ex officio member 2277  Indian education, appropriation for 201, 818  Legal education fellowship program 296  Libraries and Learning Resources, Office of, establishment 576  Women’s Educational Programs, Advisory Council on, establishment 555 Education, Office of Bilingual, establishment 509 Education, Office of Career, establishment 551 Education, Office of Consumers’, establishment 553 Education, Office of the Assistant Secretary for, appropriation for 220 Education Act, Adult:  Amendments—   Advisory councils, extension 612   Programs, extension and revision 576–579   Puerto Rico, treatment as a State 611  Appropriation for effecting provisions 1775 Education Act, Bilingual, Amendment, extension 503 Education Act, Environmental:  Amendments, time extension 121  Appropriation for effecting provisions 1641 Education Act, Indian, appropriation for effecting provisions 818 Education Act Amendments of 1974, Alcohol and Drug Abuse 1154 Education Act of 1958, National Defense:  Amendment, extension 588  Appropriation for effecting provisions 203, 276, 1101, 1642, 1773 Education Act of 1963, Vocational. See Vocational Education Act of 1963. Education Act of 1965, Elementary and Secondary. See Elementary and Secondary Education Act of 1965 Education Act of 1965, Higher. See Higher Education Act of 1965. Education Act of 1970, Drug Abuse, Amendments:  Extension 1157  Title renamed Alcohol and Drug Abuse Education Act 1154 Education Advisory Council, Community, establishment 550 Education Amendments of 1972, Amendments:  Advisory councils, extension 612  Sex discrimination prohibitions, exemption for certain organizations 1862  Technical 562 Education Amendments of 1974 484  Consolidation of certain programs 535  Education administration 556  Elementary and secondary education programs, extension and revision 576  Equal educational opportunities and transportation of students 514  Federal impact aid programs 521  Miscellaneous provisions 597  National reading improvement program 588 Education Amendments of 1974, Environmental 121 Education and Rehabilitation Equalization Amendments Act of 1974, Veterans’ 1958 Education and Training of the Handicapped, Bureau of, Deputy Commissioner and assistants, compensation 579 Education Assistance Act, Indian 2213C33 Education Facilities Act of 1963, Higher, Amendment, technical 164 Education of the Handicapped Act:  Amendments—   Programs, extension 579–585   Puerto Rico, treatment as a State 611  Appropriation for effecting provisions 1774 Education of the Handicapped Amendments of 1974 579 Education Professions Development Act, appropriation for effecting provisions 1642 Education Provisions Act, General. See General Education Provisions Act. Education Statistics, Advisory Council on, establishment 556 Education Statistics, National Center for:  Career Education, National Advisory Council for, member 522  Establishment 556  Poverty data, study, cooperation 601 Education Week, American, 1974, proclamation 2533 Educational and Cultural Exchange Act of 1961, Mutual, appropriation for effecting provisions 1191, 1207, 1642 Educational Exchange, additional funds authorized 237 Educational Exchange Act of 1948, United States Information and:  Amendment, United States Information Agency, annual reports to Congress 1440  Appropriation for effecting provisions 1207 Educational Opportunities Act of 1974, Equal 514 Educational Programs, Advisory Council on Women’s, establishment 555 Egg Board, establishment 1174 Egg Research and Consumer Information Act 1171 Egmont Key National Wildlife Refuge, Fla., establishment 295 Egypt:  Nuclear powerplants, restriction on foreign assistance funds for 1813  Security supporting assistance, appropriation for 1867 Eisenhower College, N.Y.:  Appropriation for payment to 1780  Transfer of proceeds from sale of certain coins to 1262 Elderly Persons:  Housing loans 669–671  Mass transportation facilities, utilization 2282  Nutrition program for, extension 357  Older Americans Act of 1965. See separate title.  Older Americans Comprehensive Services Amendments of 1973, appropriation for effecting provisions 1635  Older Americans Month, 1974, proclamation 2479  Transportation projects, grants to States 357  Urban mass transportation, fares 1571, 1572 Elections:  District of Columbia Campaign Finance Reform and Conflict of Interest Act 446  Federal Election Campaign Act Amendments of 1974 1263  Federal Election Campaign Act of 1971. See separate title.  Federal Election Commission, establishment 1280  Presidential Primary Matching Payment Account Act 1297 “Elections, Public Financing of Federal”, hearings, publication of additional copies 2426 Electrification Act of 1936, Rural, appropriation for effecting provisions 1831, 1832 Electrification Administration, Rural, appropriation for 1831 Electronic Fund Transfers, National Commission on:  Appropriation for 1781  Establishment 1508 Electronic Surveillance, National Commission for the Review of Federal and State Laws Relating to Wiretapping and:  Appropriation for 1205  Extension; closed meetings 1972 Elementary and Secondary Education Act of 1965:  Amendments—   Advisory councils, extension 612   Bilingual education program, extension 503   Consumers’ education 553   Correctional education services, authorization of funds 513   Educational agencies, open meetings 513   Ethnic heritage studies centers, extension 513   Grants, special 495   Handicapped children, etc., grants 491   Indian education programs, extension 585, 586   Libraries, learning resources, educational innovation, and support 535–544   Library resources, textbooks, etc., extension 501   Local educational agency school districts, allocation of funds 499   Program extension; allocation of funds 488–503   Puerto Rico, treatment as a State 611   Refund of payments, statute of limitation 512   School dropout prevention projects, extension 512   School nutrition and health services, extension 512   State and local programs, extension 503   State operated programs 491   Supplementary educational centers and services, extension 502  Appropriation for effecting provisions 203, 1773–1775  Repeal of certain provisions 490, 491, 496, 546 Emergency Daylight Saving Time Energy Conservation Act of 1973, Amendment, exemption; final report, time extension 1209 Emergency Employment Act of 1971, appropriation for effecting provisions 202 Emergency Energy Conservation Services Program 2294 Emergency Highway Energy Conservation Act:  Amendment, carpool demonstration program applications, extension 2289  Repeal of certain provision 2286C34 Emergency Home Purchase Assistance Page Act of 1974 1364 Emergency Insured Student Loan Act of 1969:  Amendment, extension 89  Appropriation for effecting provisions 1642 Emergency Jobs and Unemployment Assistance Act of 1974 1845  Appropriation for effecting provisions 2106, 2108 Emergency Livestock Credit Act of 1974 391 Emergency Medical Services Week, 1974, proclamation 2535 Emergency Petroleum Allocation Act of 1973, Amendment, extension 1608 Emergency School Aid Act, Amendments:  Advisory councils, extension 612  Education parks provision, repeal 519  Extension 587  Mathematics, special projects for teaching 588 Emergency Unemployment Compensation Act of 1971, Amendment, advances to States, repayment method 420 Emergency Unemployment Compensation Act of 1974 1869 Emigration, freedom to join a close relative in the U.S 2064 Employee Plans and Exempt Organizations, Office of, establishment 951 Employee Retirement Income Security Act of 1974 829  Actuaries, enrollment 1002  Administration and enforcement 891, 995  Coverage 1014  Fiduciary responsibility 874  Funding 868  Joint Pension Task Force; studies 999  Liability 1029  Participation and vesting 852  Plan termination; insurance 1003, 1020  Reporting and disclosure 840 Employee Welfare and Pension Benefit Plans, Advisory Council on, establishment 895 Employees’ Compensation Commission Appropriation Act, 1944, appropriation for effecting provisions 1636 Employment Act of 1946:  Amendment, Joint Economic Committee, employees, disbursement of salary 1776  Appropriation for effecting provisions 617 Employment Act of 1967, Age Discrimination in, Amendment, federal government employment 74 Employment Act of 1971, Emergency, appropriation for effecting provisions 202 Employment and Training Act of 1973, Comprehensive:  Amendments—   Emergency job programs 1845   Placement goals 1847  Appropriation for effecting provisions 202, 1635 Employment Opportunity Commission, Equal:  Appropriation for 227, 1204  Reporting requirements, modification 1972 Employment Standards Administration, appropriation for 223, 1636, 1772 Energy Administration, Federal. See Federal Energy Administration. Energy Administration Act of 1974, Federal 96 Energy Commission, Atomic. See Atomic Energy Commission. Energy Conservation, Office of, transfer of functions to Federal Energy Administration 100 Energy Conservation Act, Emergency Highway:  Amendment, carpool demonstration program applications, extension 2289  Repeal of certain provision 2286 Energy Conservation Act of 1973, Emergency Daylight Saving Time, Amendment, exemption; final report, time extension 1209 Energy Conservation Services Program, Emergency 2294 “Energy Crisis, Foreign Policy Implications of the”, printing of additional copies 2400 Energy Data and Analysis, Office of, transfer of functions to Federal Energy’ Administration 100 Energy Office, Federal, appropriation for 280, 618 Energy Reorganization Act of 1974 1233 Energy Research, Development, and Demonstration Act of 1974, Geothermal 1079 Energy Research, Development, and Demonstration Act of 1974, Solar 1431 Energy Research and Development Act of 1974, Federal Nonnuclear 1878 Energy Research and Development Administration:  Aliens, employment 1240  Conduct of energy research and development, report to by Council on Environmental Quality 1892  Energy Resources Council, member 1241  Establishment 1234  Federal Nonnuclear Energy Research and Development Act of 1974 1878  Helium, potential energy applications of, study and report 1237 Energy Research and Development Appropriation Act, 1975, Special 276 Energy Resources Council, establishment 1241 Energy Supply and Environmental Coordination Act of 1974 246 Engineers, Corps of:  Appropriation for 207, 219, 783  Big South Fork National River and Recreation Area, Tenn.-Ky., establishment; transfer of jurisdiction to Secretary of the Interior 43  Fish hatchery facilities, funds to State of Washington for construction of 25  Flood control—   Appropriation for 784   Mississippi River, appropriation for 207, 784  Great Lakes and Saint Lawrence Seaway, report on navigation season extension, time extension 32  High-speed ground transportation between major west coast cities, feasibility study, consultation 1532  Painted Rock Dam, Ariz., land acquisition for Department of the Interior 268  Railroads, Northeast Corridor project completion, cooperation 1527  Reclamation projects. See separate title.  River Basin Monetary Authorization Act of 1974 49  Shoreline Erosion Control Demonstration Act of 1974 26C35  Streambank Erosion Control Evaluation and Demonstration Act of 1974 21  Water Resources Development Act of 1974 12 Engraving and Printing, Bureau of, audit requirement, revision 1964 Environment Day, World, 1974, proclamation 2485 Environmental Coordination Act of 1974, Energy Supply and 246 Environmental Education Act:  Amendments, time extension 121  Appropriation for effecting provisions 1641 Environmental Education Amendments of 1974 121 Environmental Health Sciences, National Institute of:  Appropriation for 1639  Coal conversion, effects on public health, study 259 Environmental Impact Statements:  Appropriation for 1835  Deepwater ports, preparation by Department of Transportation 2133  Government Printing Office relocation, appropriation for preparation 1778 Environmental Improvement Act of 1970, National, appropriation for effecting provisions 1834 Environmental Policy Act of 1969, National, appropriation for effecting provisions 1834, 1835 Environmental Protection Agency:  Appropriation for 226, 276, 1835  Automotive power systems, research and development, transfer of functions to Energy Research and Development Administration 1238  Coal burning, air pollution emission limitations 252  Coal conversion, effects on public health, study, cooperation 259  Colorado River Basin salinity control programs, cooperation 270, 271  Continuous emission reduction systems, manufacturing priorities 254  Drinking water—   Bottled drinking water, regulations for 1694   National regulations, promulgation 1662   Regulations, costs; waste disposal; chemical contamination, studies 1683   State underground injection control programs, promulgation of regulations 1674  Energy Supply and Environmental Coordination Act of 1974 246  Federal Water Pollution Control Act—   Amendment, extension of program 1924   Appropriation for effecting provisions 1836   Public facility and housing assistance, applications in areas affected by major disasters, priority 151  Federal Water Pollution Control Act Amendments of 1972, appropriation for effecting provisions 1836  Intervention on the High Seas Act, nomination of experts 10  Motor vehicle emissions standards 258  Oil spills, uniform law for liability, study 2145  Powerplant and fuel burning installations, air pollution requirement compliance, certification 247  Rural water survey 1693  Solid Waste Disposal Act, Amendment, extension of authorization 1974  Stationary source fuel or emission limitation, temporary suspension 249  Transportation regulations, study 257  Vessels, waste materials, net tonnage, regulations 1694 Environmental Quality, Council on. See Council on Environmental Quality. Environmental Quality, Office of, appropriation for 1834 Equal Credit Opportunity Act 1521 Equal Educational Opportunities Act of 1974 514 Equal Employment Opportunity Commission:  Appropriation for 227, 1204  Reporting requirements, modification 1972 Erosion Advisory Panel, Shoreline, establishment 27 Erosion Control Demonstration Act of 1974, Shoreline 26 Erosion Control Evaluation and Demonstration Act of 1974, Streambank 21 Ethiopia, disaster relief, limitation 290 Europe, tactical nuclear weapons in study 402 Executive Office Appropriation Act, 1975 617 Executive Office of the President. See Executive Office under President of the United States. Executive Protective Service, Vice President of the United States, protection 1765 Exhibition of the Archeological Finds of the People’s Republic of China, indemnification agreement 143 Expediting Act, Amendment, public civil antitrust cases, pretrial procedure; appeals 1708, 1709 Explosives, Amendments of 1973 to Federal Law Relating to 2217 Export Administration Act of 1969:  Amendments—   Access to supplies, international cooperation 1553   Export controls 1552   Exports to Communist-dominated countries, semiannual report to President and Congress 1971   Extension 287, 444, 1557   Hardship relief from export controls 1554   High technology exports, licensing 1553  Appropriation for effecting provisions 1197 Export Administration Amendments of 1974 1552 Export-Import Bank Act of 1945, Amendments:  Ceilings on guarantees and insurance, increase 2336  Extension 289, 445, 1166, 1368, 2336  Union of Soviet Socialist Republics, fossil fuels in, loans for research and exploration of; production loans, prohibition 2335, 2336 Export-Import Bank Amendments of 1974. 2333 Export-Import Bank of the United States, appropriation for 230 Eye Institute, National:  Appropriation for 1639  National Commission on Diabetes, member 374C36 Fair Credit Billing Act 1511 Fair Labor Standards Act of 1938, Amendments:  Back wages, suits by Labor Department 73  Child labor, minimum age 72  Economic effects studies 73  Minimum wage, extension—   Logging crews 69   Motion picture theater employees 69  Minimum wage, increase—   Agricultural employees 56   Federal employees 55   Nonagricultural employees 55   Puerto Rico and Virgin Islands 56–58  Minimum wage and overtime coverage, extension—   Conglomerate employees 66   Domestic service workers 62   Federal and State employees 58   Retail and service establishments 62   Telegraph agency employees 63   Tobacco employees 62  Overtime coverage, extension—   Bowling employees 65   Cotton ginning and sugar processing employees 66, 68   Food service establishment employees 65   Hotel, motel, and restaurant employees; tipped employees 64   Nursing home employees 64   Oil pipeline transportation employees 69   Salesmen, partsmen, and mechanics 65   Seafood canning and processing employees 64   Seasonal industry employees 66   Transit employees, local 68  Students, employment 69 Fair Labor Standards Amendments of 1974 55 Fair Packaging and Labeling Act, Amendment, administration, modification of reporting requirements 1972 Family Educational Rights and Privacy Act of 1974 571 Family Planning Services, assistance to State 2337 Farallon National Wildlife Refuge, Calif., designation of Farallon Wilderness within 1744 Farm and Rural Development Act, Consolidated, appropriation for effecting provisions 1831–1834 Farm-City Week, National, 1974, proclamation 2527 Farm Credit Administration, appropriation for 227, 1834 Farm Labor Contractor Registration Act Amendments of 1974 1652 Farm Labor Contractor Registration Act of 1963, Amendments:  Civil relief; recordkeeping 1657, 1658  Coverage, extension 1652  Registration requirements 1653 Farm Safety Week, National, 1974, proclamation 2450 Farm Tenant Act, Bankhead-Jones, appropriation for effecting provisions 1831 Farmer Cooperative Service, appropriation for 217, 1828 Farmers Home Administration:  Appropriation for 217, 1832  Community development corporations, Page assistance to 2322  Rural Development Loan Fund, administration, utilization of services 2320 Farmers Home Administration Act of 1961, Consolidated, public facility and housing assistance, applications in areas affected by major disasters priority 151 Father’s Day, 1974, proclamation 2486 Feathers and Downs, duty suspension on certain 1454 Federal-Aid Highway Act of 1968, appropriation for effecting provisions 774 Federal-Aid Highway Act of 1970, budget authority under, rescission of certain 1710 Federal-Aid Highway Act of 1973:  Amendments—   Bus purchases by certain public transit systems, Federal assistance, prohibition 737   Indian reservation roads and bridges, authorization of funds 2281   Mass transportation facilities, accessibility to the elderly and handicapped 2283   Railroad-highway crossing, demonstration project 2282   Rural highway public transportation demonstration program, authorization of additional funds 2282  Appropriation for effecting provisions 212, 773 Federal-Aid Highway Amendments of 1974 2281 Federal-Aid Highways, appropriation for 774 Federal Aviation Act of 1958:  Amendments—   Air services to nations aiding terrorists, Presidential authority to suspend 413   Air transportation security 415   Aircraft piracy—    Offenses outside special jurisdiction of the United States 410    Penalty procedure 411   Foreign air transportation, security standards 414   Government-financed passengers and property, transportation of 2104   Hazardous materials, transportation, penalties 2162, 2163   Military participation under agreements with Armed Forces, elimination of report requirement 1970   Property restricted from aircraft cabin, liability 418   Screening of passengers 415   Shippers of air freight, solicitation or acceptance of rebates, prohibition 2105   Ticket agents, observance of tariffs 2105   Transportation of certain persons or property, authority to refuse 418   United States mail, transportation in foreign air transportation, rates 2103   War risk insurance program, audit requirement, revision 1964   Weapons or explosives, carrying aboard aircraft, penalties 417  Appropriation for effecting provisions 771 Federal Aviation Administration:  Air Transportation Security Act of 1974 415C37  Appropriation for 224, 771  Grants-in-aid to airports, availability of funds 1779  Military participation under agreements with Armed Forces, elimination of report requirement 1970 Federal Boat Safety Act of 1971, appropriation for effecting provisions 770 Federal Bureau of Investigation, appropriation for 223, 1193 Federal City College, D.C., president of, appropriation for 824 Federal Civil Defense Act of 1950, appropriation for effecting provisions 629 Federal Coal Mine Health and Safety Act of 1969, appropriation for effecting provisions 1636, 1638, 1645 Federal Columbia River Transmission System Act 1376 Federal Communications Commission:  Aliens, amateur radio operator licenses, issuance 1576  Appropriation for 227, 1100  Certain common carrier applications, notice to Secretary of Defense and Secretary of State 1577  Communications common carriers, proceedings against, limitation period, extension 1577  National Commission on Electronic Fund Transfers, member 1508 Federal Credit Union Act, Amendments:  Audit requirement, revision 1964  Deposit insurance, increased ceiling 1503  Dividends 720  Federal insurance coverage, termination 720  Health and accident insurance for management 1507  Investments in Federal Home Loan Mortgage Corporation 727  Lending authority 719  Liquidation 721  Membership, uniform entrance fees and application denial 719  Public fund accounts, deposit insurance coverage 1501  Supervisory committees, annual audit 719  Trust territories, applicability 720  Veterans and FHA mobile home loan programs 1866 Federal Crop Insurance Act, Amendment, audit requirement 1963 Federal Crop Insurance Corporation, appropriation for 217, 1830 Federal Deposit Insurance Act, Amendment:  Audits, frequency 1963  Bank holding companies and subsidiaries, cease and desist authority over 1506  Debt obligations, regulation of interest rates on 1558  Deposit insurance, increased ceiling 1502  Federally related mortgages loans, limitations on and disclosures of certain 1729  Insured institutions, mutual to stock conversions, moratorium 1505  Public fund accounts, coverage 1500  State-chartered insured banks, interest rates on business or agricultural loans 1558  State usury ceilings, applicability to Page certain obligations 1560 Federal Deposit Insurance Corporation:  Banks, unfair or deceptive practices in or affecting consumers, enforcement of regulations 2197  National Commission on Electronic Fund Transfers, member 1508  Real estate settlement—   Congressional action, necessity for further, consultation 1730   Statement of costs, standard form, consultation 1725 Federal Disaster Assistance Administration, appropriation for 200 Federal Election Campaign Act Amendments of 1974 1263 Federal Election Campaign Act of 1971, Amendments:  Advertisements 1278  Campaign depositories 1280  Contributions, use of excess 1289  Enforcement 1284, 1289, 1290  Federal Election Commission, establishment 1280  Franked solicitations, prohibition 1289  Political committees; principal campaign committee 1275, 1276  Reporting and disclosure 1272, 1276–1279 Federal Election Commission, establishment 1280 “Federal Elections, Public Financing or”, hearings, publication of additional copies 2426 Federal Employees Health Benefits Act, Retired, appropriation for effecting provisions 620 Federal Energy Administration:  Appropriation for 1783  Coal conversion and allocation 246  Cost of Living Council, Energy Division, transfer of functions to Administrator 100  Emergency Mass Transportation Assistance Plan, cooperation 260  Energy Conservation, Office of, transfer of functions to Administrator 100  Energy conservation study 260  Energy Data and Analysis, Office of, transfer of functions to Administrator 100  Energy information, quarterly report 263  Energy Resources Council, member 1241  Energy Supply and Environmental Coordination Act of 1974 246  Establishment 97  Fuel and energy facilities and equipment, monitoring of exports, consultation 1553  Geothermal Energy Coordination and Management Project, member 1081  New motor vehicles, fuel economy study, cooperation 261  Oil and Gas, Office of, transfer of functions to Administrator 100  Petroleum Allocation, Office of, transfer of functions to Administrator 100  Transportation regulations study, cooperation 257 Federal Energy Administration Act of 1974 96 Federal Energy Office, appropriation for 280, 618C38 Federal Fire Prevention and Control Act of 1974 1535  Appropriation for effecting provisions 1198 Federal Food, Drug, and Cosmetic Act, Amendment, bottled drinking water standards 1694 Federal Highway Administration, appropriation for 211, 224, 772 Federal Home Loan Bank Act, Amendments:  Bank obligations, purchase by Treasury Department, increased authority 1506  Debt obligations, regulation of interest rates on 1558  Federal Home Loan Banks, directors, increase 1739  Federal Home Loan Mortgage Corporation, investments in 727  Federal Savings and Loan Council, continuation 1739  Home mortgages used as security, dollar limitation, increase 1367  State usury ceilings, applicability to certain obligations 1560 Federal Home Loan Bank Board:  Appropriation for 227, 1106  Certain securities, transfer of regulatory authority to 1503  National Commission on Electronic Fund Transfers, member 1508  Real estate settlement—   Congressional action, necessity for further, consultation 1730   Statement, standard form, consultation 1725 Federal Home Loan Mortgage Corporation Act, Amendments:  Mortgage purchases from State insured institutions, authority 1506  Mortgages, servicing by approved mortgagees 726  Older mortgages, purchase, limitation 726 Federal Insurance Administration, appropriation for 1097 Federal Judicial Center:  Appropriation for 216, 1203  Disposition of criminal cases, advice to planning groups and district courts 2084 Federal Labor Relations Council, appropriation for 227, 621 Federal Law Enforcement Training Center, appropriation for 225, 613 Federal Law Relating to Explosives, Amendments of 1973 to 2217 Federal Maritime Commission:  Appropriation for 228, 1204  Barge operations, rules and regulations 1966  Government or charitable cargo in domestic offshore trade, regulation of rates 1463 Federal Mediation and Conciliation Service:  Appropriation for 204, 228, 1649  Health care institutions, labor disputes, intervention in 396  Hopi and Navajo Tribes, settlement of land dispute, appointment of a mediator for 1712 Federal Metal and Nonmetallic Mine Safety Board of Review, appropriation for 821 Federal National Mortgage Association, medical facilities, modernization and construction assistance, sale of loans to 2266 Federal National Mortgage Association Charter Act, appropriation for effecting provisions 1096, 1105, 1641, 1643 Federal Nonnuclear Energy Research and Development Act of 1974 1878 Federal Noxious Weed Act of 1974 2148 Federal Officials, National Study Commission on Records and Documents of, establishment 1699 Federal Old-Age and Survivors Insurance Trust Fund, authorization of funds for 947 Federal Paperwork, Commission on, establishment 1789 Federal Pay, Advisory Committee on, appropriation for 620 Federal Pay Comparability Act of 1970, appropriation for effecting provision 230 Federal Power Commission:  Appropriation for 228, 791  Hydroelectric energy facilities for transmission between Canada and the United States, Presidential permit, authority to issue 260  Solar Energy Coordination and Management Project, member 1432 Federal Prison Industries, Incorporated:  Appropriation for 223, 1208  Employees, retirement benefits 355 Federal Prison System, appropriation for 223, 1194 Federal Procurement Policy, Office of:  Appropriation for 1780  Establishment 797 Federal Procurement Policy Act, Office of 796  Appropriation for effecting provisions 1780 Federal Property and Administrative Services Act of 1949:  Amendments—   Excess Federal property, disposal 1926   Federal procurement ceiling, increase 390   General Supply Fund, revision of audit requirement 1963   Indian reservations, excess Federal property within, disposal 1954   Technical 800  Appropriation for effecting provisions 621, 622 Federal Railroad Administration:  Appropriation for 211, 224, 775, 1779, 2108  High-speed ground transportation, appropriation for research 211 Federal Railroad Safety Act of 1970, Amendments:  Accident reports, violation of requirements, civil penalties 2165  Additional funds 2166  Comprehensive railroad safety report 2164  Enforcement 2166 Federal Register:  Printing and binding, appropriation for 442  Publication in—   Aircraft, railroad, pipeline, or marine accident reports, notice of availability 2169   Anti-price discrimination determinations 2044, 2045, 2049   Antitrust laws, proposal for consent judgment under; competitive impact statement 1706, 1707C39   Banks, unfair or deceptive practices in or affecting commerce, findings 2196   Beneficiary developing countries, designation determination 2070   Big Cypress National Preserve, Fla., boundaries; rules and regulations 1258, 1260   Big Thicket National Preserve, Tex., boundaries; rules and regulations 1254, 1257   Big South Fork National River and Recreation Area, Tenn.-Ky., notice of establishment 43   Biomedical and Behavioral Research, National Commission for the Protection of Human Subjects of, recommendations 351   Boston National Historical Park, Mass., notice of establishment 1184   Budget authority, rescission or deferral, special message 335, 336   Canaveral National Seashore, Fla., boundary revisions 2122   Communist country imports, market disruption, investigation summary 2062   Consumer product warranty prohibitions, applications for waiver 2186   Cuyahoga Valley National Recreation Area, Ohio, boundaries 1784   Deepwater ports, application notice, plans, and area 2131, 2132   Drinking water regulations 1663, 1666, 1670, 1673, 1676, 1679–1681, 1689, 1694   Egmont Key National Wildlife Refuge, Fla., description 295   Emergency job programs, fund reallocation decision 1847   Employee pension plans—    Alternative methods of compliance 851    Pension Benefit Guaranty Corporation, by laws 1005    Prohibited transactions, exemption 883, 972    Termination insurance, premium rate schedules 1011   Export controls, invitation to comment on 1554   Federal election reports and statements, index 1287   Federal Energy Administration—    Conflict of interest statutes, report on waiver 98    Rules and regulations 101   Federal Savings and Loan Advisory Council, continuation notice 1739   Fuel burning stationary sources converting to coal, progress report summary 256   Harpers Ferry National Historical Park, W. Va., boundary revisions 1420   Hazardous materials, transportation regulations, application for issuance or renewal, notice 2158   Headstart programs, rules, regulations, guidelines, instructions, application forms 2304   Health service areas, notice of establishment; boundaries 2231   Hungary, claims against by American nationals, filing period 1386   Imports—    Competition, communities adversely affected by, assistance notice 2036    Countervailing duties, investigation notice 2050    Increases, firms adversely affected by, assistance 2030, 2031, 2035    Relief, investigation and assistance 2013, 2014   Indians—    Education assistance programs, rules and regulations, proposed revisions 2216    Self-determination programs, rules and regulations 2212   Law enforcement and fire protection employees, study 61   Legal Services Corporation, rules, regulations, guidelines, and instructions 387   Low-income housing, proposed fair market rentals 663   Mobile homes—    Construction and safety standards, information, etc 703    Correction of defects, notice of time extension 711   Motor vehicle safety 1471, 1473–1475, 1480, 1481   National park system, establishment of units in, notice 1462   National wild and scenic rivers system, exclusion of designated rivers, notice 123   Nonnuclear energy research and development, patent policy, notice of hearing; availability of records 1891   Nonnuclear energy technology, water resource assessment 1893   Oil discharge claims, damaged citizens class, notice of number 2144   Point Reyes National Seashore, Calif., boundary changes 1744   Price index for twelve months and for base period, per centum difference 1265   Public education, State equalization plan guidelines; summary of views and recommendations 610   Public information, Federal agency indexes 1561   Records maintained on individuals, existance, use, rules; archival records 1899–1901, 1904   Savings and loan associations, mutual to stock conversions, final action on 1505   Securities, regulations 1504   Solar heating and cooling systems, performance criteria 1073   Stationary source fuel or emission limitation, temporary suspension, notice 249   Supplemental security income benefits, cost-of-living increases 422   Trade agreements, Presidential intention to enter, notice 1983   Trade-related unemployment, worker adjustment assistance 2019, 2020   Transportation payments, plan for transfer of audit functions 1961   Transportation safety, notice of inquiry; recommendations 2171, 2172C40   Unemployment compensation, emergency benefit periods, notice 1870   Unfair import practices, investigation, notice 2053, 2055   Unfair trade practices, complaints 2042   Vending facilities on Federal property—    Arbitration decisions and fee schedule 1627    Limitation, determination 1623   Veterans suffering from alcoholism or drug abuse, hospital admissions; confidentiality of records, regulations 131, 133, 139   Voting age population, estimates 1266 Federal Reserve Act, Amendments:  Branch bank building construction, increased limitation on costs 1505  Debt obligations, regulation of interest rates on 1557  Federal Reserve banks, purchase of United States obligations from Treasury Department, extension 1505  National banks, real estate loans 716, 725  Residential mortgages, time note advances 1368  State usury ceilings, applicability to certain obligations 1560 Federal Reserve System:  Board of Governors, unfair or deceptive practices in or affecting commerce, regulatory authority 2196  Equal Credit Opportunity Act 1521  National Commission on Electronics Fund Transfers, member 1508 Federal Rules of Civil Procedure, Amendments, congressional approval 1949 Federal Rules of Criminal Procedure:  Amendments, congressional approval 1949  Proposed amendments to, congressional approval, time extension 397 Federal Rules of Evidence 1926 Federal Savings and Loan Insurance Corporation:  Appropriation for 1108  Public deposits, insurance, clarification of authority 1739  Public fund accounts, deposit insurance coverage 1501  Secondary reserve adjustment 1507 Federal Security Agency Appropriation Act, 1947, appropriation for effecting provisions 1636 Federal-State Extended Unemployment Compensation Act of 1970, Amendments:  National trigger, temporary reduction 1872  Unemployment insurance, time extension 53, 288, 420, 1872 Federal Supply Service, appropriation for 226, 626 Federal Tax Lien Act of 1966, appropriation for effecting provisions 616 Federal Trade Commission:  Appropriation for 228, 1840  Deepwater ports, license applications, submittal to 2136  Magnuson-Moss Warranty—Federal Trade Commission Improvement Act 2183  National Commission on Electronic Fund Transfers, member 1508  Reporting requirements, modification of certain 1972  Unfair or deceptive practices in or affecting commerce, rulemaking procedures, study 2198  Unfair trade practices, investigation, cooperation 2054 Federal Trade Commission Act:  Amendments—   Civil actions, representation authority 2199   Commerce, unfair or deceptive practices in or affecting, rulemaking authority 2193   Consumer redress 2201   Investigatory authority, extension 2198   Jurisdiction, expansion 2193   Unfair or deceptive practices to consumers, knowing violations of rules, penalties 2200  Repeal of certain provision 2200 Federal Trade Commission Improvement Act, Magnuson-Moss Warranty 2183 Federal Water Pollution Control Act:  Amendments—   Extension of program 1924   Fish and wildlife enhancement, cost-sharing requirements 33  Appropriation for effecting provisions 1836  Public facility and housing assistance, applications in areas affected by major disasters, priority 151 Federal Water Pollution Control Act Amendments of 1972, appropriation for effecting provisions 1836 Federal Water Project Recreation Act, Amendment, fish and wildlife enhancement, cost-sharing requirements 33 Fine Arts, Commission of, appropriation for 227, 818 Fire Data Center, National, establishment 1541 Fire Prevention and Control, National Academy for, establishment 1537 Fire Prevention and Control Act of 1974, Federal 1535  Appropriation for effecting provisions 1198 Fire Prevention and Control Administration, National:  Appropriation for 1198  Establishment 1536 Fire Prevention Week, 1974, proclamation 2521 Fire Research Center, establishment 1546 Fire Training and Education, Committee on, establishment 1539 Firearms, Bureau of Alcohol, Tobacco and, appropriation for 225, 614 Firefighters, Federal, retirement benefits 355 Firemen’s Retirement and Disability Act, Policemen and, Amendments:  Disability retirement—   Pay computation 2177   Recommendation, examination 1040, 1041  Survivor benefits 1041 Firemen’s Salary Act of 1958, District of Columbia Police and, Amendments, technical amendments 2173 First Continental Congress, two hundredth anniversary; ceremony, printing of additional copies 2401, 2431 Fiscal Year, change to begin October 1 321C41 Fish and Wildlife Act of 1956, Amendments:  Commissioner of Fish and Wildlife, abolishment 92  United States Fish and Wildlife Service, establishment of new 92 Fish and Wildlife Coordination Act of 1958, appropriation for effecting provisions 783, 785, 788 Fish and Wildlife Service, United States:  Appropriation for 805  Establishment of new 92 Fish Conservation Act, Anadromous:  Amendments—   Extension 398   Sea lamprey control 398   State cooperative agreements, Federal share increase 398  Appropriation for effecting provisions 805 Fisheries Act of 1950, Northwest Atlantic, Amendment, fish conservation, international enforcement, U.S. participation 293 Fisheries and Wildlife, Bureau of Sport:  Appropriation for 200, 222  Federal agency loan of personnel and equipment 123  Replacement by United States Fish and Wildlife Service 92 Fisheries Commission, Atlantic States Marine, appropriation for 1198 Fisheries Commission, Gulf States Marine, appropriation for 1198 Fisheries Commission, Pacific Marine, appropriation for 1198 Fisheries Commissions, International, appropriation for 1191 Fishermen, Migratory, education programs for children of, grants 492 Fishermen’s Guaranty Fund, appropriation for 1198 Fishermen’s Protective Fund, appropriation for 210 Fishing Day, National Hunting and:  Designation 1166  Proclamation 2513 Fishing Vessels, exemption from certain inspection and loadline requirements 1182, 1183 Flag Day and National Flag Week, 1974, proclamation 2484 Flag of the United States, Armed Forces reserve components, presentation for deceased members 176 Flood Control:  Appropriation for 784  Mississippi River, appropriation for 207, 784 Flood Control Act of 1936, appropriation for effecting provisions 1838 Flood Control Act of 1941, Amendment, clean drinking water, emergency supplies 34 Flood Control Act of 1944, appropriation for effecting provisions 789 Flood Control Act of 1948, Amendment, small projects in disaster areas 29 Flood Control Act of 1950, appropriation for effecting provisions 195 Flood Control Act of 1954, Amendment, flood control, debris removal, and channel clearing, increased allotment 20 Flood Control Act of 1960, Amendments:  Floods and damages, authorization of funds 30  Public road substitution 17 Flood Control Act of 1966, Amendment, Great South Bay, N.Y., flood control survey, report 33 Flood Control Act of 1970, Amendments:  Auburn Dam and Reservoir, American River, Calif., road and bridge construction 22  Niobrara, Nebr., seepage and drainage problem, increased funds 19 Flood Insurance Act of 1968, National, appropriation for effecting provisions 1097 Flood Prevention Act, Watershed Protection and, appropriation for effecting provisions 1837 Florida:  Big Cypress National Preserve, establishment 1258  Biscayne National Monument, acquisition ceiling increase; boundary changes 1445, 1446  Bradwell Bay Wilderness, designation 2097  Canaveral National Seashore, establishment 2121  Egmont Key National Wildlife Refuge, establishment 295  Florida Keys and St. Marks Wilderness areas, designation 2153  Key West, Overseas Highway to, authorization of funds for reconstruction of bridges 2288  Marion County, conveyance of mineral interests in 190, 399  Spessard L. Holland Visitor Center, designation 2124  W. Turner Wallis Pumping Station, designation 141 Food, Drug, and Cosmetic Act, Federal, Amendment, bottled drinking water standards 1694 Food and Agriculture Act of 1965, appropriation for effecting provisions 1829 Food and Drug Administration:  Appropriation for 220, 1840  Arthritis Coordinating Committee, member 2221 Food and Nutrition Service, appropriation for 195, 1840 Food Shortages, countries most seriously affected by, U.S. policy 1819 Food Stamp Act of 1964:  Amendments—   Federal payments to States 341   Supplemental security income recipients, eligibility extension 291  Appropriation for effecting provisions 1841 Fora, Gerald R., best wishes from Congress 2409 Foreign Affairs:  Additional funds authorized for 237, 1439  Appropriation for administration 207, 224, 1187 Foreign Agricultural Service, appropriation for 217, 1828 Foreign Assistance Act of 1961:  Amendments—   Cambodia, limitations on assistance 1810   Drought stricken African nations, disaster relief 290   Economic assistance—    Agricultural credit programs 1796    Countries engaged in certain trade or shipping, assistance prohibition, Presidential waiver authority 1805C42    Development assistance, loan receipts, disposition 1796    Education and human resources development 1796    Famine or disaster relief 1803    Food and nutrition 1795    Housing guaranties 1796    International organizations and programs 1798    Overseas Private Investment Corporation, extension of authority 763–768    Police training, prohibition 1804    Population planning 1795   Ethiopia, appropriation limitation 290   Greece, assistance to, repeal of prohibition 1802   Intelligence activities and exchanges of materials, limitation 1804   Middle East, assistance to nations in 1812   Military assistance—    Authorization of funds 1798    Defense articles, stockpiling for foreign countries 1799    Excess defense articles 1799    Military assistance advisory groups and missions 1799    Security supporting assistance 1800    South Vietnam, restriction on assistance 1798    Transfer between accounts 1800    Turkey, suspension of assistance to 1801   Military bases abroad, access to 1803   North Vietnam, aid to nations trading with, prohibition 1801   Pakistan and Nicaragua, disaster relief assistance 290   Population, narcotics, international humanitarian and regional programs 1812   Portugal and Portuguese colonies gaining independence, assistance to 1818   Reimbursable development programs 1804   Security assistance and human rights 1815   United Arab Republic, restriction on assistance to, repeal of provision 1813   Use of funds, limitation 1800   Women, integration into national economies 1818  Repeal of certain provision 1804 Foreign Assistance Act of 1973, Amendment, repeal of certain provision 1803 Foreign Assistance Act of 1974 1795 Foreign Claims Settlement Commission:  Appropriation for 228, 1205  Hungary, claims against by American nationals 1386 Foreign Direct Investment Regulation, appropriation for 218 Foreign Disaster Assistance Act of 1974 290 Foreign Investment Study Act of 1974 1450 Foreign Military Sales Act, Amendment, defense services or articles, eligibility; credit sales 1813 Foreign Policy, Commission on the Organization of the Government for the Conduct of, appropriation for 1204 “Foreign Policy Implications of the Energy Crisis”, hearings, printing of additional copies 2400 Foreign Relations Authorization Act of 1972, appropriation for effecting provisions 1204 Foreign Service Act of 1946:  Amendment, Foreign Service officers, assignments to public organizations 1440  Appropriation for effecting provisions 1187–1189, 1191, 1205, 1207 Foreign Service Buildings Act, 1926:  Amendment, construction and maintenance abroad, additional authorization 83  Appropriation for effecting provisions 1188 Foreign Service Personnel, death gratuities 1441 Foreign Service Retirement and Disability Fund, restrictions on payments to 1440 Foreign Trade Board, East-West, establishment 2065 Forest and Rangeland Renewable Resources Planning Act of 1974 476 Forest Highways:  Appropriation for 774  Funds, availability 293 Forest Products Week, National, 1974, proclamation 2496 Forest Service:  Appropriation for 201, 218, 805, 815  Budget authority, rescission of certain 1711  Pueblo of Acoma Tribe, N. Mex., land exchange 1738  Tree planting, assistance to States, appropriation for 817 Forestry Week, American and Forestry Day, World, 1974, proclamation 2459 Former Presidents Act of 1958, appropriation for effecting provisions 1782 Formosa Resolution, repeal 1439 Fort Necessity National Battlefield, Pa., appropriation ceding increase; boundary change 1445, 1446 France, Canada-France-Hawaii Telescope Project, telescope and articles for, duty-free entry 2152 Frank M. Scarlett Federal Building, Brunswick, Ga., designation 1920 Freedom of Information Act. See Public Information under Government Organization and Employees. Funeral Transportation and Living Expense Benefits Act of 1974 53 Fur Seal Act of 1966, appropriation for effecting provisions 1198 Gallaudet College, D.C., appropriation for 204, 1646 Gambling, State-conducted lotteries, advertising 1916 Gambling, Commission on the Review of the National Policy Toward, appropriation for 621 Gas, Office of Oil and:  Appropriation for 200  Transfer of functions to Federal Energy Administration 100 Gas and Oil:  Appropriation for certain programs 278  Deepwater ports, oil discharge, liability 2141  Naval petroleum reserves, appropriation for 1218  Recovery, field testing of nuclear explosives for, restriction on funds 279 Gas Pipeline Safety Act Amendments of 1974, Natural 802C43 Gas Pipeline Safety Act of 1968, Natural:  Amendments—   Funds, authorization 802   Pipeline safety programs, allocation of funds to States 802  Appropriation for effecting provisions 769 General Accounting Office:  Appropriation for 215, 443  Claims, time limit for filing with 1965  Comptroller General. See separate title.  Congressional Budget Office, utilization of services and facilities 303  Educational data consortium, participation 558  Harry S Truman Scholarship Foundation, audit 2279  Legal Services Corporation, audit of certain financial transactions 387  Office of Program Review and Evaluation, establishment 326  Small Business Administration, audit 750  Transportation payment auditing functions, transfer to General Services Administration 1960 General Accounting Office Act of 1974 1959 General Agreement on Tariffs and Trade:  Revision, steps toward 1986  U.S. contribution, appropriation authorization 1987 General Education Provisions Act:  Amendments—   Busing, use of appropriated funds for, prohibition 519   Education programs, administration 556–576   Education records, access to 1858–1862   National Center for Education Statistics, establishment 556   Parents and students, protection of rights and privacy 571, 574   State use of Federal funds, report 571  Appropriation for effecting provisions 818, 1642, 1643, 1773, 1774 General Medical Sciences, National Institute of:  Appropriation for 1639  National Commission on Arthritis and Related Musculoskeletal Diseases, ex officio member 2218  National Commission on Diabetes, member 374 General Pulaski’s Memorial Day, 1974, proclamation 2528 General Services Administration:  Administrator, Office of the, appropriation for 226  American Indian Policy Review Commission, delivery of records and papers to 1913  Appropriation for 226, 621, 1781, 1840  Arkansas, certain real property in, release of conditions 1925  Automated Data and Telecommunications Service, appropriation for 226, 627  Consumer Information Center, appropriation for 1840  Economic development programs, excess Federal property for, acquisition through 1162  Emergency preparedness, appropriation for 226  Federal Property and Administrative Services Act of 1949. See separate title.  Federal Register. See separate title.  Federal Supply Service, appropriation for 226, 626  Former Presidents, appropriation for office staff, etc 628  General provisions, Appropriation Act 628–630  Indian reservations, excess Federal property within, disposal 1954  National Archives and Records Service. See separate title.  National Railway Historical Society, Inc., Hawaii Chapter, surplus property donations 1742  National Study Commission on Records and Documents of Federal Officials, member; support services 1700, 1701  Presidential tapes and other historic materials, control of 1695  Property Management and Disposal Service, appropriation for 226  Public Buildings Service, appropriation for 226  Solar heating and cooling systems, cooperation 1074, 1078  Transportation payment, transfer of auditing function to 1960  Vending facilities on Federal property, priority to blind persons to operate, regulations 1623 Geological Survey:  Appropriation for 222, 277, 808, 1783  Scientific examinations outside national domain, report modification 1971 Georgia:  Blackbeard Island and Wolf Island Wilderness areas, designation 2153  Chattooga River, component of national wild and scenic rivers system, designation 122  Cohutta Wilderness, designation 2098  Ellicott Rock Wilderness, designation 2097  Frank M. Scarlett Federal Building, Brunswick, designation 1920  Jasper County Board of Education, land conveyance to 2361  Okefenokee Wilderness, designation 1179 Geothermal Energy Coordination and Management Project, establishment 1080 Geothermal Energy Research, Development, and Demonstration Act of 1974 1079 Geothermal Resources Development Fund, establishment 1087 Girl Scouts, exemption from sex discrimination prohibitions 1862 Gold:  Medals, restriction on use in 1978  Ownership and dealings in by U.S. citizens 445 Gold and Silver, transactions for delivery pursuant to leverage contracts 1405 Golden Age Passports, lifetime admission permit 193 Golden Gate National Recreation Area, Calif., additional lands 1741 Gorgas Memorial Institute, authorization increase 1816 Gospel Missionary Union, Alaska, land conveyance 2384 Government Corporation Control Act:  Amendments—   Audit, frequency 1962   Pension Benefit Guaranty Corporation, a Government entity 1005C44  Appropriation for effecting provisions 1641, 1830 Government National Mortgage Association, appropriation for 1096, 1106 Government Organization and Employees. See also individual departments and agencies.  Audio-visual publications for official use, advance subscription payments 1731  Blind and Visually Handicapped, Office for the, additional personnel 1629  Blind vending facility program on Federal property 1622  Child support and alimony obligations, garnishment of wages 2357  City taxes, withholding certain 294  Civil Service employees leaving Federal employment for positions in Indian tribal organizations, retention of employee benefits 2209  Civil Service Retirement Fund, payments to by United States Postal Service 354  Claims—   Appropriation for settlement 213   Personal property claims, limit on payments, increase 1381  Commission on Federal Paperwork, cooperation 1792  Commodity Futures Trading Commission, cooperation; members, compensation 1391, 1392  Community development programs, cooperation 651  Congressional Budget Office, information to 303  Disaster assistance, cooperation 148  Economic development program evaluations, cooperation 2329  Education and Training of the Handicapped, Bureau of, Deputy Commissioner and assistants, compensation 579  Employment, age discrimination, prohibition 74  Energy Research and Development Administration, utilization of agency personnel and services 1239  Federal Energy Administration, cooperation 101  Federal Energy Administration Act of 1974, energy programs under, management oversight review 111  Federal Procurement Policy, Administrator, compensation 799  Fire prevention and control programs, assistance and coordination 1548  Firefighters and law enforcement personnel, retirement benefits 355  Foreign investment study, utilization of agency services and facilities 1453  Geothermal Energy Coordination and Management Project, cooperation 1081–1084  Government corporations, audit 1962  Harry S Truman Scholarship Foundation, establishment 2277  Health insurance—   Access to services of optometrists and clinical psychologists 398   Contract disputes, coverage determination 4   Government contribution, increase 3   Medicare, coordination with 1454   Retired employees, coverage 4  Imports, exports, and production, uniform statistical data study, cooperation 2074  Indian Financing Act of 1974, management and technical assistance, cooperation 83  Internal Revenue Service, additional positions 951  International Trade Commission, United States, chairman and members, compensation 2010  Joint Funding Simplification Act of 1974 1604  Juvenile justice and delinquency prevention programs, utilization of services and facilities 1115  Labor, Department of, additional positions 894  Law enforcement and firefighter personnel, retirement benefits 355  Management and Budget, Office of. Senate confirmation of Director and Deputy Director 11  Minimum wage, increase 55  Mobile home construction and safety standards, cooperation 704  National Commission on Electronic Fund Transfers, assistance 1510  National Commission on Libraries and Information Science, cooperation and assistance 1857  National Institute on Alcohol Abuse and Alcoholism, additional higher level positions 137  National Planning and Advisory Council, cooperation 1631  Nonappropriated fund activities, audit 1961  Noxious weeds, eradication, control, etc., cooperation 2151  Nuclear energy center site survey, cooperation 1247  Nuclear Regulatory Research, Office of, cooperation 1246  Oceans and International Environmental and Scientific Affairs, Bureau of, Assistant Secretary, compensation 238  Pay reductions resulting from E.O. 11777, prevention 1743  Pension Benefit Guaranty Corporation, members, compensation 1005  Privacy Act of 1974 1896  Public information—   Administrative deadlines 1562   Document search and duplication fees, regulations 1561   Federal agency indexes, publication 1561  Reporting requirements, modification 1967  Retired Federal Employees Health Benefits Act, appropriation for effecting provisions 620  Retirement—   Annuity increases 93   Civil Service Retirement Fund, payments to by United States Postal Service 354   Employee benefit plans, cooperation 894, 1006   Law enforcement and firefighter personnel 355   Surviving spouse annuity reduction, elimination 1438C45   Survivor annuities 76  Retroactive pay costs for fiscal year 1973, appropriation for 230  Salinity control programs downstream from the Imperial Dam, Colorado River Basin, cooperation 270  Small Business Administration—   Associate Administrator for Minority Small Business, designation 748   Chief Counsel for Advocacy, designation 749  State and local officers and employees, political activities 1290  Trade agreement programs, cooperation 2000  Trade Negotiations, Special Representative and Deputy Special Representatives for, compensation 1999  Transportation payments, audit 1960  Transportation regulations study, cooperation 257  Travel expenses, restrictions 1784  U.S. investigative or law enforcement officers, certain torts, liability 50  Veterans, employment 1593  Vouchers, examination of 1959  Wage and Price Stability, Council on, Director, compensation; cooperation 750  Work injury compensation, extention of benefits 1143 Government Printing Office:  Appropriation for 215, 442, 1778  Audit, frequency 1965  Disbursing and certifying officers 1384  Employees, erroneous payment claims, waiver 393  Relocation, appropriation for environmental impact study 1778  Superintendent of Documents, Office of, appropriation for 215, 442 Grand Canyon National Monument, Ariz., abolishment 2090 Grand Canyon National Park Enlargement Act 2089 Granger Dam and Lake, Tex., designation 2153 Grapes, export grade standards 1966 Great Dismal Swamp National Wildlife Refuge. Va.-N.C., establishment 801 Great South Bay, N.Y., flood control survey, report 33 Greece, assistance to 1802 “Greece, Controlling the Damage: United States Policy Options for”, printing of copies 2405 Guam:  Child abuse and neglect, demonstration programs, treatment as a State 2310  Excess Federal property, disposal 1926  Fire control, watershed protection, and reforestation, Federal assistance 1154  Gifts sent from, duty and tax, exemption 2075  Government transactions, elimination of reporting requirements 1969  Handicapped children in, education programs, grants 581  Headstart programs, allotment of funds 2301  Medical facilities, modernization and construction projects, allotment of funds 2262  Public water system safety program 1693  Social services programs, allotment of funds 2339  Submerged lands, conveyance to 1210  Teacher corps assistance 605  Vessels, exchange for conversion and operation in unsubsidized service between west coast and Guam, contract amendment 232 Guinea-Bissau, independence of, U.S. policy on 1816 Gulf States Marine Fisheries Commission, appropriation for 1198 Handicapped:  Blind. See separate title.  Books for, appropriation for 207, 440  Children—   Education programs, grants 491   Education programs in American Samoa, grants 581   Headstart programs, enrollment opportunity 2301  Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped—   Additional member 393   Appropriation authorization 393   Appropriation for 621   Name changed to Committee for Purchase from the Blind and Other Severely Handicapped 392  Housing loans 669–671  Mass transportation facilities, utilization 2282  National Employ the Handicapped Week, 1974, proclamation 2507  Urban mass transportation, fares 1571, 1572 Handicapped, Bureau of Education and Training of the, Deputy Commissioner and assistants, compensation 579 Handicapped, President’s Committee on Employment of the, appropriation for 223 Handicapped Act, Education of the:  Amendments—   Programs, extension 579–585   Puerto Rico, treatment as a State 611  Appropriation for effecting provisions 1774 Handicapped Amendments of 1974, Education of the 579 Handicapped Individuals Act, White House Conference on 1631 Harpers Ferry National Historical Park, W. Va., additional lands and interpretive shuttle service 1420 Harry S Truman Memorial Scholarship Act 2276 Harry S. Truman Memorial Veterans’ Hospital, Mo., designation 1957 Harry S Truman Scholarship Foundation, establishment 2277 Hatch Act (Experiment Stations), appropriation for effecting provisions 1825 Havasupai Indians, Ariz., lands held in trust for 2091 Hawaii:  Canada-France-Hawaii Telescope Project, telescope and articles for, duty-free entry 2152  Ferry operations in 2284  National Railway Historical Society, Inc., Hawaii Chapter, surplus property donations 1742  Native American Programs Act of 1974 2324  Payments to, care and treatment of persons afflicted with leprosy 1637 Hazardous Materials Transportation Act C46 Hazardous Materials Transportation Control Act of 1970, repeal 2163 Headstart, Economic Opportunity, and Community Partnership Act of 1974 2291 Headstart-Follow Through Act 2300 Health, Education, and Welfare, Department of:  Adaptive equipment and adapted conveyances for disabled persons, research and development, cooperation 1737  Aging, Administration on, Commissioner, delegation of functions, modification 357  Aging, research program 186  Alcohol, Drug Abuse, and Mental Health Administration—   Appropriation for 1640, 1773   Establishment 134   National Research Service Awards 342  Alcohol and Drug Abuse Education Act Amendments of 1974 1154  Alcohol and drug abuse education projects, fund recipients, audit of records 1157  Alcoholic Counseling and Recovery program 2299  American Printing House for the Blind, appropriation for 1646  Appointments by, National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, members 348  Appropriation Act, 1975 1637  Appropriation for 201, 202, 220, 1637, 1773, 1840  Architectural and Transportation Barriers Compliance Board, Chairman 1621  Arthritis and Related Musculoskeletal Diseases, National Commission on, establishment 2218  Arthritis Coordinating Committee, establishment; member 2221  Arthritis Screening and Detection Data Bank, establishment 2222  Assistant Secretary for Health, Office of—   Appropriation for 1641   National Council on Health Planning and Development, ex officio member 2228  Assistant Secretary for Human Development, Office of, appropriation for 1646  Athletic injuries, study 603  Biomedical and behavioral research—   Ethics guidance program 353   Peer review of grant applications and contracts 360  Blind vendors, nationally administered retirement, pension, and health insurance system, study 1630  Career Education, National Advisory Council for, member 552  Child Abuse and Neglect, Advisory Board on, appointment 7  Child Abuse Prevention and Treatment Act 4   Amendment, demonstration programs, definition of “State” 2310   Appropriation for effecting provisions 204, 1646  Child Development, Office of, appropriation for 204  Civil Rights, Office for, appropriation for 1647  Coal conversion, effects on public health, study 259  Community Education Advisory Council, establishment 550  Community Services Act of 1974 2292  Comprehensive arthritis centers, report to congressional committees 2223  Comprehensive Health Services program, establishment 2298  Consumer Affairs, Office of, appropriation for 1840  Controlled Substances Act. See separate title.  Day care program 2310  Disabled veterans, employment within the Federal Government, regulations 1594  Disease Control, Center for, appropriation for 1638  Drinking water—   Bottled, promulgation of regulations 1694   National regulations for 1664   State underground injection control programs, regulations for 1675  Drug rehabilitation program 2299  Economic development programs, report to congressional committees 2306,2326  Education. See separate title.  Education, Office of. See separate title.  Education, Office of the Assistant Secretary for, appropriation for 220  Education Amendments of 1974 484  Education Division, appropriation for 1641  Education Statistics, Advisory Council on, establishment 556  Education Statistics, National Center for—   Career Education, National Advisory Council for, member 522   Establishment 556   Poverty data, study, cooperation 601  Elderly and handicapped persons, low-income housing, cooperation 669  Environmental Education Act—   Amendments, time extension 121   Appropriation for effecting provisions 1641  Fetal research, limitation 353  Follow Through Programs 2306  Food and Drug Administration—   Appropriation for 220, 1840   Arthritis Coordinating Committee, member 2221  Gallaudet College, appropriation for 204, 1646  General provisions, Appropriation Act 1647, 1651  Headstart programs, extension; assistance recipients, audit 2300, 2305  Health Care Management Center, designation 364  Health Care Technology Center, designation 364  Health Resources Administration, appropriation for 1641, 1773  Health Services Administration—   Advisory Board on Child Abuse and Neglect, member 7   Appropriation for 818, 1637, 1773  Health Services and Mental Health Administration, appropriation for 201, 202, 220  Health statistics and health services research, authority 362C47  Howard University, appropriation for 204, 1646  Indian Health Services, appropriation for 201, 818  Indians—   Education assistance programs, report, consultation 2214   Self-determination programs, rules and regulations 2212  Interagency Committee on Federal Activities for Alcohol Abuse and Alcoholism, establishment 133  John E. Fogarty International Center for Advanced Study in the Health Sciences, appropriation for 1640  Juvenile Justice and Delinquency Prevention, Coordinating Council on, member 1116  Juvenile justice and delinquency prevention programs, coordination with 1115  Medical facility modernization and construction projects—   Assistance 2258   Assistance recipients, audit 2273  National Advisory Council on Aging, establishment 185  National Cancer Act Amendments of 1974 358  National Cancer Institute—   Appropriation for 1638   Program extension 358   Uterine cancer diagnosis, trial program 359  National Center for Deaf-Blind Youths and Adults, elimination of report to Congress 1968  National Center for Health Services Research, establishment 363  National Center for Health Statistics, establishment 365  National Center on Child Abuse and Neglect, establishment 5  National Commission on Arthritis and Related Musculoskeletal Diseases, ex officio member 2218  National Committee on Vital and Health Statistics, United States, establishment 366  National Council on Health Planning and Development, establishment 2228  National Eye Institute—   Appropriation for 1639   National Commission on Diabetes, member 374  National health planning information center, establishment 2254  National Health Service Corps, scholarship program, extension 741  National Heart and Lung Institute—   Appropriation for 1638   National Commission on Diabetes, member 374  National Institute of Allergy and Infectious Diseases—   Appropriation for 1639   National Commission on Arthritis and Related Musculoskeletal Diseases, ex officio member 2218  National Institute of Arthritis, Metabolism, and Digestive Diseases—   Appropriation for 1639   Associate Director for Arthritis and Related Musculoskeletal Disease 2224   National Commission on Arthritis and Related Musculoskeletal Diseases, ex officio member 2218   National Commission on Diabetes, member 374  National Institute of Child Health and Human Development—   Advisory Board on Child Abuse and Neglect, member 7   Appropriation for 1639   National Commission on Diabetes, member 374  National Institute of Dental Research—   Appropriation for 1639   National Commission on Diabetes, member 374  National Institute of Education. See separate title.  National Institute of Environmental Health Sciences—   Appropriation for 1639   Coal conversion, effects on public health, study 259  National Institute of General Medical Sciences—   Appropriation for 1639   National Commission on Arthritis and Related Musculoskeletal Diseases, ex officio member 2218   National Commission on Diabetes, member 374  National Institute of Mental Health—   Advisory Board on Child Abuse and Neglect, member 7   Biomedical and behavioral research, peer review of grant applications and contracts, cooperation 360   Crisis counseling assistance and training 157   Establishment 135  National Institute of Neurological Diseases and Stroke—   Appropriation for 1639   National Commission on Diabetes, member 374  National Institute on Aging, establishment 185  National Institute on Alcohol Abuse and Alcoholism—   Biomedical and behavioral research, peer review of grant applications and contracts, cooperation 360   Departmental position of 135   Interagency Committee on Federal Activities for Alcohol Abuse and Alcoholism, Chairman 133  National Institute on Drug Abuse—   Biomedical and behavioral research, peer review of grant applications and contracts, cooperation 360   Departmental position of 136  National Institutes of Health. See separate title.  National Library of Medicine, appropriation for 1640  National Panel on Alcohol, Drug Abuse, and Mental Health, establishment 134  National Planning and Advisory Council, cooperation 1631  National Technical Institute for the Deaf, appropriation for 1646  Native American programs, assistance recipients, audit 2325  Native American Programs Act of 1974 2324C48  Older Americans Act of 1965. See separate title.  Parent Locator Service, establishment 2353  Pension plan registration, report to by and cooperation with Department of Labor 944  Poverty data, school-age children to be counted, study, cooperation 600, 601  Public Health Service Act. See separate title.  Railroad Retirement Board, cooperation 1340, 1343  Rehabilitation Act Amendments of 1974 1617  Rehabilitation Act of 1973—   Amendments—    Program extension 1618, 1619    Rehabilitation Services Administration, transfer to Office of the Secretary of Health, Education, and Welfare 1617   Appropriation for effecting provisions 204, 1644  Rehabilitation Services Administration—   Adaptive equipment and adapted conveyances, research and development, cooperation 1737   Office for the Blind and Visually Handicapped, additional personnel 1629   Transfer to Office of the Secretary 1617  Research and health service programs, individual rights 353  Research on human subjects, informed consent requirement 1652  Runaway Youth Act 1129  Safe school study 602  Saint Elizabeths Hospital—   Appropriation for 1640, 1773   United States prisoners, reimbursement for support of 1194  Secretary, Office of the, appropriation for 221, 1647  Social and Rehabilitation Service—   Advisory Board on Child Abuse and Neglect, member 7   Appropriation for 203, 1643  Social Security Act. See separate title.  Social Security Administration, appropriation for 204, 221, 1644  Social Security Amendments of 1965, appropriation for effecting provisions 1644  Social Security Amendments of 1972—   Amendment, inspectors of long-term care institutions, payments to, effective date, extension 422   Appropriation for effecting provisions 1773  Social security-income tax reporting on annual basis, study and report to congressional committees 1468  Social Services Amendments of 1974 2337  State health authorities, conference of 371  State health planning and development agencies, audit 2245  Sudden Infant Death Syndrome Act of 1974 90  Supplemental security income, payment adjustment, regulations 291  Teaching hospitals, payments for professional services, study and report, time extension 422  Tuskegee syphilis study, payments to subjects 1638  Unfair trade practices, investigation, cooperation 2054  Uterine cancer diagnosis, trial program 359  Vending facilities on Federal property, priority to blind persons to operate, regulations 1623  Veteran’s employment, outreach and public information program 1848  Women’s Educational Programs, Advisory Council on, member 555 Health, Education, and Welfare Appropriation Act, 1968, Department of, appropriation for effecting provisions 1641, 1643 Health, National Institutes of. See National Institutes of Health. Health Benefits Act, Retired Federal Employees, appropriation for effecting provisions 620 Health Care Institutions:  Employees, conscientious objection to labor organization membership, exemption for 397  Labor disputes, conciliation of 396 Health Care Management Center, designation 364 Health Care Technology Center, designation 364 Health Coordinating Council, Statewide, organization and functions 2247 Health Planning and Development, National Council on, establishment 2228 Health Planning and Resources Development Act of 1974, National 2225 Health Programs Extension Act of 1973, Amendments, Federally funded research projects, individual rights 353 Health Research Act of 1960, International, appropriation for effecting provision 1644 Health Resources Administration, appropriation for 1641, 1773 Health Sciences, international cooperation 367 Health Sciences, John E. Fogarty International Center for Advanced Study in the, appropriation for 1640 Health Service Act, Public. See Public Health Service Act. Health Service Corps, National, scholarship program, extension 741 Health Services Administration:  Advisory Board on Child Abuse and Neglect, member 7  Appropriation for 818, 1637, 1773 Health Services and Mental Health Administration, appropriation for 201, 202, 220 Health Services Program, Comprehensive 2298 Health Services Research, Health Statistics, and Medical Libraries Act of 1974 362 Health Services Research, National Center for, establishment 363 Health Services Research and Evaluation and Health Statistics Act of 1974 362  Appropriation for effecting provisions 1637 Health Statistics, National Center for, establishment 365C49 Heart and Lung Institute, National:  Appropriation for 1638  National Commission on Diabetes, member 374 Heart Month, American, 1974, proclamation 2444 Helicopters, operation within the Grand Canyon National Park, Ariz., regulation 2091 Helium, potential energy applications of, study 1237 Hensley Lake, Calif., designation 1959 High-Speed Ground Transportation, system between major west coast cities, feasibility study 1531 Higher Education Act of 1965:  Amendment—   Insured loan program, audit requirement, revision 1964   Legal professions, training assistance 605   Programs, extension and expansion 603   Student loans, interest subsidy payments 87   Students, financial evaluation 89  Appropriation for effecting provisions 203, 1642, 1643  Legal education fellowship program, extension of funds for 296 Higher Education Facilities Act of 1963, Amendment, technical 164 Highway Act of 1968, Federal-Aid, appropriation for effecting provisions 774 Highway Act of 1970, Federal-Aid, rescission of certain budget authority under 1710 Highway Act of 1973, Federal-Aid. See Federal-Aid Highway Act of 1973 Highway Administration, Federal, appropriation for 211, 224, 772 Highway Energy Conservation Act, Emergency:  Amendment, carpool demonstration program applications, extension 2289  Repeal of certain provision 2286 Highway Safety Act of 1973, appropriation for effecting provisions 773 Highway Traffic Safety Administration, National, appropriation for 211, 224, 775 Highways:  Access highways to public recreation areas on certain lakes 2287  Alaska Highway, appropriation for 774  Baltimore-Washington Parkway, appropriation for 775  Bikeway demonstration program 2288  Bridges. See separate title.  Carpool demonstration program applications, extension 2289  Darien Gap Highway, appropriation for 774  Federal-Aid Highway Amendments of 1974 2281  Federal-aid highways, appropriation for 774  Ferry boats operating in Hawaii, Alaska, Washington, and Canada, Federal aid in construction 2284  Forest highways—   Appropriation for 774   Availability of funds 293  High-density urban highway intermodal transportation connection, demonstration project 2290  Indian reservation roads and bridges, authorization of funds 2281  Inter-American Highway, appropriation for 211  Interstate system, motor vehicle sizes and weights; enforcement 2283, 2284  Junkyards, control of 2281, 2285  National maximum speed limit 2286  Off-system roads 2281, 2289  Outdoor advertising, control of 2281, 2284  Overseas Highway to Key West, Fla., authorization of funds for reconstruction of bridges 2288  Primary and secondary systems in rural areas, authorization of funds 2281  Public mass transportation facilities, accessibility to the elderly and handicapped 2282  Rail crossings—   Northeast Corridor demonstration project 2288   Safety demonstration projects, appropriation for 773  Railroad grade crossings, demonstration project in Hammond, Ind 1575  Railroad-highway crossings—   Demonstration projects, appropriation for 211   Lafayette, Ind., demonstration project in, study 2282  Route withdrawals 2290  Safer roads program 2289  School bus driver training 2291  Special bridge replacement program, increased funds authorized 2286 Hispanic Heritage Week, National, 1974, proclamation 2501 Historic Preservation, Advisory Council on, rail terminals of historical or architectural significance, preservation or reuse program, consultation 1528 Historical and Archeological Data, preservation 174 Historical Association, American, National Study Commission on Records and Documents of Federal Officials, appointment of member 1700 Historical Publications and Records Commission, National, new name for National Historical Publications Commission 1734 Holding Company System Regulatory Act 752 Holifield National Laboratory, Tenn., designation 1977 Home Loan Bank Act, Federal. See Federal Home Loan Bank Act. Home Loan Bank Board, Federal:  Appropriation for 227  Certain securities, transfer of regulatory authority to 1503  National Commission on Electronic Fund Transfers, member 1508  Real estate settlement—   Congressional action, necessity for further, consultation 1730   Statement of costs, standard form, consultation 1725 Home Loan Mortgage Corporation Act, Federal, Amendments:  Mortgage purchases from State insured institutions, authority 1506  Mortgages, servicing by approved mortgagees 726  Older mortgages, purchase, limitation 726 Home Mortgage Assistance Act of 1974, Consumer 714C50  Federal savings and loan associations—   Increased authority 1502   Individual retirement accounts, trusteeship authority 1367   Lending and investment authority 715, 716  Investment of assets, technical amendment 725  Investments in Federal Home Loan Mortgage Corporation 727 Home Purchase Assistance Act of 1974, Emergency 1364 Honduras, relief, rehabilitation, and reconstruction assistance 1363 Honor America. June 14-July 4, 1974, celebration 2404 Hoover, Herbert, one hundredth birthday anniversary celebration 2407 Hoover, J. Edgar:  Commemorative medals 234  Tributes, compilation of, printing as Senate document 2399 Hoover Institution on War, Revolution, and Peace, Stanford University, Stanford, Calif., grants to 1918 Hopi and Navajo Tribes, Ariz., settlement of land dispute 1712 Hopi Indian Relocation Commission, Navajo and, establishment 1716 Horses, duty suspension 1459 Hospitals:  Alcohol abusers and alcoholics, admission 130  American Hospital of Paris, Inc., board of governors, membership 85  Employees, conscientious objection to labor organization membership, exemption for 397  Harry S. Truman Memorial Veterans’ Hospital, Mo., designation 1957  Labor disputes, conciliation of 395  Medical facilities, modernization and construction, assistance 2258  Nonprofit hospitals, extension of coverage to under National Labor Relations Act 396  Saint Elizabeths Hospital—   Appropriation for 1640, 1773   United States prisoners, reimbursement for support of 1194  Teaching hospitals, payments for professional services in, study and report, time extension 422  Veterans Administration. See separate title. House of Representatives. See also Congress; Legislative Branch of the Government.  Adjournment 2398, 2400, 2402, 2404, 2411, 2425  Adjournment, ruling 2406  Adjournment, sine die 2433  Administrative provisions, appropriation for 433, 1777  Agriculture, Committee on, report to by Commodity Futures Trading Commission, budget estimate and legislative recommendations 1390, 1391  Appropriation for 205, 214, 431, 1776  Appropriations, Committee on—   Bills and resolutions providing new spending authority, jurisdiction to report 317   Budget, Committee on the, members 299   Educational data consortium, participation 558   Elimination of certain reporting requirements to by Department of Defense 1968   Reports to—    Army, Department of the, military construction, etc 1747    Commodity Futures Trading Commission, budget estimate 1390    Education, Office of—     Alcohol and drug abuse education projects 1156     Disaster assistance for schools, expenditures 532     Educationally deprived children, program evaluation 500    Health, Education, and Welfare Department of—     Arthritis research, estimate of amount requested for 2221     Diabetes research, budget estimates 375     Sudden infant death syndrome research 90    Interior, Department of the—     Big Cypress National Preserve, Fla., land acquisition plan 1259     Big Thicket National Preserve, Tex., land acquisition plan 1256     Cuyahoga Valley National Recreation Area, Ohio, plans 1786    NASA, satellite services contracts 243   Spending authority and permanent budget authority, provisions of law, study 319  Armed Services Committee—   Aviation Career Incentive Act of 1974, progress report, cooperation 180   Reports to—    Air Force, Department of the, military construction, etc 1755    Army, Department of the—     Military construction, etc 1747     United States Army Command and General Staff College, degree criteria 407    Defense, Department of—     Cataloging and standardization programs, modification of report 1971     Medical officers, special pay program for 96     Military aid to South Vietnam, obligations of funds 405     Military construction, etc 1757     Nuclear weapons in Europe, study 402     TRIDENT site area, assistance 1764    Environmental Protection Agency, national drinking water regulations, compliance duty, waiver for security purposes, notice 1689    Health, Education and Welfare, Department of, special pay program for medical officers 96    Navy, Department of the, military construction, etc 1751C51  Banking and Currency, Committee on, reports to—   Housing and Urban Development, Department of, elimination of certain report 1968   Small Business Administration, allegations of illegal conduct and investigations 746  Barber shops, revolving fund, establishment 1776  Budget, Committee on the—   Additional budget reform proposals, study 326   Appropriation for 1776   Estabhshment 299   Reports to—    Congressional Budget Office, fiscal policy 304, 305    Congressional budget process 307    Joint Economic Committee, President’s Budget, economic evaluation 325  Clerk of the House, Federal Election Commission, ex officio member 1280  Contingent expenses, appropriation for 206, 214, 432, 434  District office equipment, purchase by members leaving office 1388  Education and Labor, Committee on—   Community economic development programs, study and report 2329   Educational data consortium, participation 558   Joint Pension Task Force 999   Pension plan termination insurance, proposed schedule 1012   Reports to—    Education, Office of, alcohol and drug abuse education projects 1156    Education programs 509, 532, 545, 557, 560, 564, 565, 568, 571, 596   Retirement plans, study, report 999  Federal Election Campaign Act Amendments of 1974 1263  Foreign Affairs, Committee on, reports to—   Defense, Department of, nuclear weapons in Europe, study 402   Overseas Private Investment Corporation, investment insurance, participation by private companies 765  Franked mail 52  Government Operations, Committee on, report by Office of Federal Procurement Policy, proposed policy or regulation 799  Interior and Insular Affairs, Committee on—   Indian tribes, revolving fund for loans to, elimination of Department of Interior report to 1970   Reports to—    Agriculture, Department of, national wild and scenic rivers system, exclusion of designated rivers 123    Interior, Department of the—     Big Cypress National Preserve, Fla., land acquisition plan 1259     Big Thicket National Preserve, Tex., land acquisition plan 1256     Canaveral National Seashore, Page Fla., land transfers; development plan 2122, 2126     Cape Lookout National Seashore, N.C., master development plan 1449     Certain submerged lands, proposed conveyance 1211     Cuyahoga Valley National Recreation Area, Ohio, plans 1786, 1788     Havasupai Indian, Ariz., plan for use of lands held in trust for 2092     Historical and archeological data preservation program 175     Indian education assistance programs 2214, 2216, 2217     National wild and scenic rivers system, exclusion of designated rivers 123   Wilderness areas, maps and descriptions filed with 2155  Interstate and Foreign Commerce, Committee on, reports to—   Environmental Protection Agency—    New motor vehicles, fuel economy improvement standard, study 261    Public water systems safety program, implementation 1691    Transportation regulations, study 257   Health, Education, and Welfare, Department of—    Advisory committees, termination of certain, recommendations 2275    Biomedical and behavioral research, study 346    Certain reporting requirements 2275    Diabetes research, budget estimates 375    Sudden infant death syndrome research and counseling 90, 92   Transportation, Department of, new motor vehicles, fuel economy improvement standard, study 261  Minority leader, appointment by, District of Columbia Law Revision Commission, member 480  Officers and employees, erroneous payment claims, waiver 395  Post Office and Civil Service, Committee on, reports to—   Civil Service Commission, Federal employee health insurance, coordination with Medicare 1454   Health, Education, and Welfare, Department of, Federal employee health insurance, coordination with Medicare 1454  Public Works, Committee on, report by Corps of Engineers, water resources development projects 13, 17, 28  Reports to—   Appropriations, Committee on, spending and permanent budget authority, recommendations 319   Budget, Committee on the—    Additional budget reform proposals, study 327    Congressional budget process 307    Off-budget agencies, study 325   General Accounting Office, audit of the Small Business Administration 750   Unfair trade practices 2042C52  Science and Astronautics, Committee on, reports to—   Interior, Department of the, Canaveral National Seashore, Fla., land transfers 2122   NASA—    Funds, use 241, 242    Satellite services contracts 243   National Science Foundation, transfer of funds; activities 1095  Speaker of the House—   Appointments by—    American Indian Policy Review Commission, members 1910    Commission of Federal Paperwork, members 1790    Congressional Budget Office, Director 302    District of Columbia Law Revision Commission, member 480    Harry S Truman Scholarship Foundation, members 2277    National Study Commission on Records and Documents of Federal Officials, members 1699    White House Conference on Education, National Conference Committee to guide and plan, members 598    White House Conference on Library and Information Services, advisory committee of, members 1857   Former, offices for, extension; 1723   Reports to—    American Indian Policy Review Commission, final 1913    Energy Research and Development Administration, joint Federal-industry corporations, establishment 1885    Federal agencies, freedom of information activities 1564    Federal Procurement Policy, Office of—     Activities and recommendations 798     Procurement study 797    Health, Education, and Welfare, Department of, child day care services requirements, evaluation 2342    Interior, Department of the, geological survey report, modification 1971    Military departments, contract awards 1761    NASA, use of funds 241, 242    National Science Foundation, transfer of funds 1095    Office of Education, public education, State equalization plan guidelines 610    President of the United States—     Defense articles or services, sale of 1814     Famine or disaster relief 1803     Middle East, assistance to nations in 1813     National Forest System, Renewable Resources Assessment and Program, Statement of Policy 478     Records maintained on individuals, disclosure, list of certain exempt records 1905    State, Department of—     Debt modification proposals 290     Vietnam, assistance to; United States personnel abroad 1444    Transportation, Department of, Deepwater Port Act of 1974, administration, activities, recommendations 2146    Veterans Administration, dependency and indemnity compensation claims, study 183  Teague, Charles M., deceased, payment to estate 205  Veterans’ Affairs, Committee on, report by Veterans Administration, education loans, default experience and rate 1591  Ways and Means, Committee on—   Budget, Committee on the, members 299   Joint Pension Task Force 999   Pension plan termination insurance, proposed schedule 1012   Reports to—    Civil Service Commission, Federal employee health insurance, coordination with Medicare 1454    Health, Education, and Welfare, Department of—     Federal employee health insurance, coordination with Medicare 1454     Social security-income tax reporting, annual basis 1468    Joint Committee on Internal Revenue Taxation, Renegotiation Act of 1951, study 423    U.S. imports and exports, statistics 2075   Retirement plans, study, report 999   Trade agreements, consultation 1983 Housing, rehabilitation of low-income rental housing, amortization provisions, extension 2109 Housing Act, National. See National Housing Act. Housing Act of 1937, United States:  Amendment, low-income housing assistance 653–667  Appropriation for effecting provisions 1096  Low rent public housing, annual contribution contracts, retroactive effect of repeal 668  Public facility and housing assistance, applications in areas affected by major disasters, priority 151 Housing Act of 1949:  Amendments—   Mobile home loans 699   Rural housing 692–700   Urban renewal projects, grants 652  Appropriation for effecting provisions 1097, 1832–1834  Neighborhood development programs, new grants or loans, prohibition 652  Urban renewal projects, new grants or loans, prohibition 652 Housing Act of 1950:  Amendment, housing for educational institutions, revision of audit requirement 1664  Appropriation for effecting provisions 1096  College housing, rescission of certain budget authority 1710C53 Housing Act of 1954:  Amendments—   Comprehensive planning 686–691   Construction contracts, repeal of specification requirements 668   Non-Federal public works, comprehensive planning program, inclusion of Trust Territory of the Pacific Islands 691   Technical 163  Appropriation for effecting provisions 1097  Public facility and housing assistance, applications in areas affected by major disasters, priority 151 Housing Act of 1959, Amendment, elderly and handicapped, housing loans 669–671 Housing Act of 1961:  Amendment, low rent public housing, annual contribution contracts, retroactive effect of repeal 668  Open-space land programs, new grants or loans, prohibition 652 Housing Act of 1964, Amendment, rehabilitation loan program, extension 652 Housing Amendments of 1955:  Public facilities, new grants or loans, prohibition 652  Public facility and housing assistance, applications in areas affected by major disasters, priority 151 Housing and Community Development Act of 1974 633  Appropriation for effecting provisions 1771  Assisted housing 653  Community development 633  Comprehensive planning 686  Consumer home mortgage assistance 714  Miscellaneous provisions 721  Mobile home construction and safety standards 700  Mortgage credit assistance 676  Rural housing 692 Housing and Urban Development, Department of:  Appropriation Act, 1975 1095  Appropriation for 200, 221, 1095, 1106, 1771  Assistant secretaries, additional 740  College housing, budget authority, rescission 1710  Community Development Corporation, renamed New Community Development Corporation 725  Community development corporations, assistance to 2322  Condominium and cooperative study 740  Energy conservation 678  Federal Disaster Assistance Administration, appropriation for 200  Federal Insurance Administration, appropriation for 1097  General Counsel, Office of, appropriation for 1098  General provisions, Appropriation Act 1108  Government National Mortgage Association, appropriation for 1096, 1106  Housing and Community Development Act of 1974 633   Appropriation for effecting provisions 1771  Inspector General, Office of, appropriation for 1098  Juvenile Justice and Delinquency Prevention, Coordinating Council on, member 1116  Lowell Historic Canal District Commission, ex officio member 2330  Lower income housing and State housing finance and development programs, direct financing, feasibility study 740  Medical facility assistance projects, loans and loan guarantees, assistance 2265  National Mobile Home Advisory Council, appointment 702  National Mobile Home Construction and Safety Standards Act of 1974 700  Real estate settlement, necessity for further congressional action, study 1730  Real Estate Settlement Procedures Act of 1974 1724  Solar Energy Coordination and Management Project, member 1432  Solar Heating and Cooling Demonstration Act of 1974 1069  Solar Heating and Cooling Information Data Bank, establishment 1075  Special housing needs, design and development, additional research authority 738  State housing finance and development agencies 722  Urban homesteading program 734  Veterans, farm housing assistance, eligibility for preference 694 Housing and Urban Development; Space, Science, Veterans, and Certain Other Independent Agencies Appropriation Act, 1975, Department of 1095 Housing and Urban Development Act, Department of Amendment, assistant secretaries, additional 740 Housing and Urban Development Act of 1964, Amendments:  Project grants and contracts 692  Training and fellowship programs, extension 691, 692 Housing and Urban Development Act of 1965:  Appropriation for effecting provisions 1096  Neighborhood facilities, new grants or loans, prohibition 652  Public facility and housing assistance, applications in areas affected by major disasters, priority 151  Water and sewer facilities, new grants or loans, prohibition 652 Housing and Urban Development Act of 1968:  Amendments—   Federal National Mortgage Association, certain transitional provisions, repeal 728   Flood insurance program 739   Interstate land sales 736   Low-and moderate-income housing, counseling and technical assistance 735   Lower income persons, employment opportunities, community development block grants 653   National Homeownership Foundation, audits, frequency 1963   National housing goals, congressional reaffirmation 721  Repeal of certain provisions 1968 Housing and Urban Development Act of 1970:  Amendments—   Experimental housing allowance program, expansion 725C54   New community program, technical amendment 725   Research, additional authority 738   Solar energy, use for heating and cooling homes, demonstration 738  Appropriation for effecting provisions 1097 “How Our Laws Are Made”, printing of additional copies 2422 Howard University, D.C., appropriation for 204, 1646 Hualapai Indian Tribe, Ariz., lands held in trust for 1820 Hudson River Basin, compact negotiations, elimination of certain reporting requirements 1969 Human Rights Day and Week—Bill of Rights Day, proclamation 2543 Humanities, National Endowment for the, appropriation for 819 Hungary, claims against by American nationals, determination 1386 Hunting and Fishing Day, National:  Designation 1166  Proclamation 2513 Idaho:  Coeur d’Alene, land conveyance by Interior Department 1740  Kootenai Tribe of Idaho, lands held in trust 1383  Public lands, exchange 1821 Illinois:  Chester Bridge, contract for operation, etc., time extension 1659  Chicago River, channel clearance 15  Salem, statue of William Jennings Bryan, conveyance to 1186 Immigration and Naturalization Service:  Appropriation for 223, 1193  Border facilities, increased funds for 794  Immigration inspection, transfer of certain functions to Treasury Department, nullification 50 Immunization Action Week, 1974, proclamation 2532 Impeachment Inquiry, hearing and final report, printing of additional copies 2407 “Impeachment of Richard M. Nixon, President of the United States”, printing of additional copies 2431 Imports:  Agricultural commodities, tariff schedules, proclamation 2437, 2440, 2457, 2487  Ball bearings, modification of trade agreement concessions; adjustment of duty, proclamation 2464  Brandy, modification of trade agreement concessions; adjustment of duty, proclamation 2494  Cattle, beef, veal, swine and pork, temporary quantitative limitation on importation into the United States from Canada, proclamation 2540  Duty-free entries—   Bicycle parts and accessories, certain 1466   Beneficiary developing countries, eligible articles from 2066   Carboxymethyl cellulose salts 1457   Copper 1534   Crude feathers and downs 1454   Horses 1459   Methanol 1456   Silk yarns 1549   Synthetic rutile 1422   Telescope and articles for the Canada-France-Hawaii Telescope Project 2152   Upholstery regulators, needles, and pins 2108  Foreign repairs and equipment on U.S. vessels, duty exemption 420  Meats, import limitations on certain, proclamation 2454, 2540  Petroleum and petroleum products, modification of importation, proclamation 2510  Puerto Rico, coffee, duty 2071  Sugars, sirups and molasses, tariffs and quota on certain, establishment, proclamation 2537 Impoundment Control Act of 1974 332 Independence National Historical Park, Pa., appropriation ceiling increase; boundary change 1445, 1446 Independent Agencies Appropriations Act, 1975 619 Independent Offices. See also Government Organization and Employees and individual titles.  Appropriation Act, 1975 619  Appropriation for 213, 227, 619, 790, 1099, 1781, 1834, 1840 Independent Safety Board Act of 1974 2166 India, assistance to, limitation 1802 Indian Affairs, Bureau of, appropriation for 200, 222, 809, 1783 Indian Business Development Program, establishment 82 Indian Claims Commission:  Appropriation for 228, 819  Authorization of funds 1499 Indian Claims Commission Act, Amendment, land claims, exclusion of food, rations, or provisions as payment of 1499 Indian Education Act, appropriation for effecting provisions 818 Indian Education Assistance Act 2213 Indian Financing Act of 1974 77  Appropriation for effecting provisions 811 Indian Health Services, appropriation for 201,818 Indian Loan Guaranty and Insurance Fund, establishment 82 Indian Opportunity, National Council on, appropriation for 228 Indian Revolving Loan Fund, establishment 78 Indian Self-Determination Act 2206 Indian Self-Determination and Education Assistance Act 2203 Indiana:  Hammond, highway railroad grade crossings, demonstration project 1575  Indiana Dunes National Lakeshore, appropriation ceiling increase 1445  Lafayette, relocation of railroad lines, demonstration project 2282  Mansfield Lake, name changed to Cecil M. Harden Lake 1659 Indiana Dunes National Lakeshore, Ind., appropriation ceiling increase 1445 Indians:  Absentee Shawnee Tribe, Okla., lands held in trust for 1922C55  American Indian Policy Review Commission, establishment 1910  Bridgeport Indian Colony, Calif., lands in trust 1368  Cheyenne-Arapaho Tribes, Okla., lands held in trust for 1915  Chippewa Cree Tribe of the Rocky Boy’s Reservation, Mont., mineral rights held in trust 142  Citizen Band of Pottawatomie Indians, Okla., lands held in trust for 1922  Cocopah Tribe of Indians, Ariz., transfer of lands 269  Community action agency, tribal governments, eligibility 2294  Constitutional rights, publication of materials 84  Domestic food assistance programs 341  Economic development programs 1161, 1162  Education for, appropriation for 201  Education programs, assistance 491, 537, 581, 585, 587  Havasupai Indians, Ariz., lands held in trust for 2091  Health systems areas, Federal funds for, proposed use and availability 2238  Hopi and Navajo Tribes, Ariz., land dispute settlement 1712  Hualapai Tribe, Ariz., lands held in trust for 1820  Inter-Tribal Council, Inc., Okla., lands held in trust for 1920  Klamath Indian Forests, Federal acqui sition of lands, appropriation for 816  Kootenai Tribe of Idaho, lands in trust. 1383 Loans to, report on revolving fund for, elimination 1970  Miccosukee Tribe, Fla., land use and visitor service contract rights in the Big Cypress National Preserve 1260  Native American Programs Act of 1974 2324  Navajo and Hopi Indian Relocation Commission, establishment 1716  Navajo Tribe, Ariz., lands held in trust 1490  Paiute Indians, Ariz., land allotment to certain 1716  Pueblo of Acoma Tribe, N. Mex., land exchange with Forest Service 1738  Reservations, excess Federal property within, disposal 1954  Roads and bridges on reservations, authorization of funds 2281  San Carlos Apache Indian Tribe, Ariz., lands held in trust for 1711  Seminole Tribe, Fla., land use and visitor service contract rights in the Big Cypress National Preserve 1260  Sisseton and Wahpeton Sioux Tribe, Lake Traverse Reservation, N. Dak.-S. Dak.—   Land acquisition 1468   Lands in trust 1465  Spokane Indian Reservation, Wash., nontaxable trust lands 142  Ute Indian Tribe, Utah, report on development program by Department of the Interior, elimination 1969 Indochina:  Policy toward; economic aid; postwar reconstruction 1805–1807  Postwar reconstruction assistance, appropriation for 199 Information Act, Egg Research and Consumer 1171 Information Agency, United States:  Appropriation for 210, 229, 1207  Authorization of funds 1439  International Ocean Exposition, authorization of funds for 194  Student dependents of employees, travel expenses 1443 Information and Educational Exchange Act of 1948, United States:  Amendment, United States Information Agency, annual reports to Congress 1440  Appropriation for effecting provisions 1207 Insurance:  Check forgery insurance fund, availability extension 1738  Credit unions, Federal insurance coverage, termination 720  Disaster areas, repaired or replaced property, purchase of insurance 151  Farm labor contractors, vehicle insurance coverage 1654  Federal Crop Insurance Act, amendment, audit requirement 1963  Federal Deposit Insurance Act. See separate title.  Federal Deposit Insurance Corporation—   Banks, unfair or deceptive practices in or affecting consumers, enforcement of regulations 2197   National Commission on Electronic Fund Transfers, member 1508   Real estate settlement—    Congressional action, necessity for further, consultation 1730    Statement, standard form, consultation 1725  Federal employee health insurance, coordination with Medicare 1454  Federal Insurance Administration, appropriation for 1097  Federal Savings and Loan Insurance Corporation—   Appropriation for 1108   Public deposits, insurance, clarification of authority 1739   Public fund accounts, deposit insurance coverage 1501   Secondary reserve adjustment 1507  Holding Company System Regulatory Act 752  National Flood Insurance Act of 1968, appropriation for effecting provisions 1097  Pension plans, termination insurance 1003  Railroad Unemployment Insurance Act, technical amendment 1359  Servicemen’s Group Life Insurance—   Maximum coverage, increase 166   National Guard, inclusion 165   Ready Reserves, inclusion 165  Trade-related unemployment, insurance 2025  Veterans’ Group Life Insurance 169  Veterans’ Insurance Act of 1974 165 Insurance Corporation, Federal Crop, appropriation for 1830 Insurance Trust Fund, Federal Old-Age and Survivors, authorization of funds for 947 Interagency Committee on Federal Activities for Alcohol Abuse and Alcoholism, establishment 133 Inter-American Highway, appropriation for 211C56 Intercoastal Shipping Act, 1933, Amendment, government or charitable cargo, regulation of rates 1463 Intergovernmental Advisory Council on Community Services, establishment 2297 Intergovernmental Personnel Act of 1970:  Amendment, recognition of Indian tribe governing body as a local government 2208  Appropriation for effecting provisions 621 Intergovernmental Relations, Advisory Commission on:  Appropriation for 228, 620, 1781  Deposit insurance coverage for public fund accounts, impact study 1502 Interior, Department of the:  Agriculture, Department of, transfer of certain funds to 268  Alaska Native Fund, appropriation for 811  Alaska Power Administration, appropriation for 788  Apple Creek unit, Pick-Sloan Missouri Basin program, N.Dak., potential water resource development program, feasibility study 1498  Appointments by, Cuyahoga Valley National Recreation Area Advisory Commission, members 1788  Appropriation Act, 1975 803  Appropriation for 200, 207, 222, 277, 279, 785, 803, 1778, 1782  Auburn, Calif., bridge construction authorization 2287  Big Cypress National Preserve, Fla., establishment 1258  Big South Fork National River and Recreation Area, Tenn.-Ky., transfer of jurisdiction from Corps of Engineers 43  Big Thicket National Preserve, Tex., establishment 1254  Bonneville Power Administration, appropriation for 222, 279, 788  Boston National Historical Park Act of 1974 1184  Coal Research, Office of—   Appropriation for 277   Transfer of functions to Energy Research and Development Administration 1237  Colorado River Basin Salinity Control Act 266    Appropriation for effecting provisions 786  Colorado River Basin Salinity Control Advisory Council, establishment 272  Conservation and rehabilitation on public lands, cooperative Federal-State programs 1369  Deepwater ports—   Potential locations, evaluation regulations, consultation 2131   Safety zones 2138  Disaster areas, timber sale contracts 158  Energy Conservation, Office of, transfer of functions to Federal Energy Administration 100  Energy Data and Analysis, Office of, transfer of functions to Federal Energy Administration 100  Energy Resources Council, member 1241  Federal Columbia River Transmission System Act 1376  First Infantry Division, United States Page Forces in Vietnam, monument, maintenance 741  Fish and Wildlife Act of 1956, amendments—   Commissioner of Fish and Wildlife, abolishment 92   United States Fish and Wildlife Service, establishment of new 92  Fish and Wildlife Coordination Act of 1958, appropriation for effecting provisions 783, 785, 788  Fish and Wildlife Service, United States—   Appropriation for 805   Commissioner, abolishment 92   Establishment of new 92  Fuel allocation, oil and gas programs, appropriation for 278  General provisions, Appropriation Act 278, 789, 814, 822  Geological Survey—   Appropriation for 222, 277, 808, 1783   Scientific examinations outside national domain, report modification 1971  Geothermal Energy Coordination and Management Project, member; cooperation 1081  Grand Canyon National Park, Ariz., deletion of certain lands within, study 2090  Grand Canyon National Park Enlargement Act 2089  Harpers Ferry National Historical Park, W. Va., additional lands and interpretive shuttle service 1420  Historical and archeological data, preservation 174  Hopi-Navajo Tribe land dispute, interagency committee to assist Mediator, chairman 1712  Hydroelectric generating facilities, construction and enlargement opportunities 114  Indian Affairs, Bureau of, appropriation for 200, 222, 809, 1783  Indians. See separate title.  John F. Kennedy Center for the Performing Arts—   Appropriation for 807   Elementary and secondary school education in the arts program 556  Land conveyances—   Albuquerque, N. Mex 1875   Anchorage, Alaska 1844   Board of Education, Lee County, S.C 1383   Coeur d’Alene, Idaho 1740   Gospel Missionary Union, Alaska 2384   New Mexico State University 1375   Submerged land, conveyance of certain to Guam, Virgin Islands, and American Samoa 1210   Yuma County, Ariz 1895  Land Management, Bureau of—   Appropriation for 200, 222, 803, 805, 1782   Budget authority, rescission of certain 1710  Lowell Historic Canal District Commission, ex officio member 2330  Mineral interests, conveyance—   Clarendon County, S.C 187, 189   Marion County, Fla 190, 399C57   New York State 1382   Utah County, Utah 54  Mineral resources, development and exploration program, elimination of report to Congress 1969  Mines, Bureau of—   Appropriation for 222, 277, 809   Lignite coal research laboratory, N.Dak., elimination of report to Congress 1969   Transfer of certain functions to Energy Research and Development Administration 1237  Mining Enforcement and Safety Administration, appropriation for 808  National Park Service—   Appropriation for 222, 805, 806   Boston National Historical Park Act of 1974 1184   Budget authority, rescission of certain 1711   Lowell Historic Canal District Commission, member 2331  National Parks, Monuments, Seashores, Etc. See separate title.  National Wildlife Refuge System, rights-of-way, easements, or reservations, payment of fair market value 1603  Nevada, title to lands in, removal of cloud on 1843  Ohio and Erie Canal, Ohio, preservation study 1447  Oil and Gas, Office of—   Appropriation for 200   Transfer of functions to Federal Energy Administration 100  Oil spills, uniform law for liability, study 2145  Outdoor Recreation, Bureau of, appropriation for 222, 805  Petroleum Allocation, Office of, transfer of functions to Federal Energy Administration 100  Pipeline safety and operation, standards and regulations, cooperation 2146  Piscataway Park, Md., acquisition of lands 1304  Reclamation, Bureau of, appropriation for 207, 222, 785, 1778  Reclamation project lands, classifications and reclassifications of, elimination of report requirement 1970  Reclamation projects. See separate title.  Recreation areas, use fees 192  Reporting requirements, modification or discontinuation or certain 1967–1970  Saline Water, Office of, appropriation for 805, 1782  Saline Water Conversion Act of 1971, The—   Appropriation for effecting provisions 805   Program, authorization of funds 295  San Juan National Historic Site, Puerto Rico, damage studies 1447  Secretary, Office of the, appropriation for 222, 278, 279, 813  Solano County, Calif., potential water resource development program, feasibility study 1498  Solicitor, Office of the, appropriation for 222, 813  Southeastern Power Administration, appropriation for 789  Southwestern Power Administration, appropriation for 222, 789  Sport Fisheries and Wildlife, Bureau of—   Appropriation for 200,222   Federal agency loan of personnel and equipment 123   Replacement by United States Fish and Wildlife Service 92  Territorial Affairs, Office of, appropriation for 812  Trade agreements, cooperation 1995  Trust Territory of the Pacific Islands. See separate title.  Union Station, D.C., model intermodal transportation terminal at, consultation 1533  Water research program, elimination of report requirement 1970  Water Resources Research, Office of, appropriation for 222, 804  William Jennings Bryan statue, conveyance to Salem, Ill 1186  Youth Conservation Corps—   Appropriation for 816   Expansion 1066   State projects, grant program 1067  Youth conservation projects, grants to States 1067  Yuma, Ariz., municipal and industrial water delivery system, feasibility study 1498 Internal Revenue Code of 1954, amendments 164, 235, 422, 898–994, 1003, 1033, 1291–1297, 1359, 1454, 1456–1459, 1466–1468, 1534, 1550, 1950–1953, 2025, 2109 2121, 2358–2360 Internal Revenue Service:  Additional positions 951  Appropriation for 212, 225, 615  Employee Plans and Exempt Organizations, Office of, establishment 951 International Agreements for Nuclear Cooperation, congressional approval requirement 1460 International Air Transportation Fair Competitive Practices Act of 1974 2102 International Aviation Facilities Act, Amendment, international user charges, negotiations for reduction of discriminatory charges 2103 International Boundary and Water Commission, United States and Mexico:  Appropriation for 224, 1189  U.S. section, advance funds to 267 International Boundary Commission, United States and Canada, appropriation for 1190 International Broadcasting, Board for, appropriation for 1204 International Broadcasting Act of 1973, Board for, Amendment, authorization of funds 781 International Business Administration, Domestic and, appropriation for 218, 1196 International Claims Settlement Act of 1949, Amendment, Hungary, claims against by American nationals 1386 International Clergy Week in the United States, proclamation 2439 International Commission of Control and Supervision:  Appropriation for 1189  U.S. contribution, authorization 1816C58 International Commission of the Congresses of Navigation, Permanent, increase of funds 39 International Committee of the Red Cross, United States contribution to, increased authorization of funds 199, 238 International Criminal Police Organization, United States membership dues, increase 1422 International Development Association Act, Amendments:  Loan restrictions on countries developing nuclear weapons 445  U.S. contributions, authorization 445 International Economic Policy, Council on, appropriation for 216, 617 International Economic Policy Act of 1972, Amendment, appropriation authorization 239 International Exposition on Environment, Spokane, Wash., 1974, commemorative medals, authorization extension 1978 International Fisheries Commissions, appropriation for 1191 International Health Research Act of 1960, appropriation for effecting provision 1644 International Joint Commission, United States and Canada, appropriation for 1190 International Ocean Exposition, appropriation for 210 International Ocean Exposition Appropriations Authorization Act of 1973 194 International Organizations:  Appropriation for 208, 224, 1188  Authorization of funds 1439  Contributions, quotas, etc.—   Programs, additional funds authorized 237, 1798   Red Cross, International Committee of the, increased authorization of funds 238  International Boundary and Water Commission, United States and Mexico—   Appropriation for 224, 1189   U.S. section, advance funds to 267  International Commission of Control and Supervision in Vietnam—   Appropriation for 1189   U.S. share of contribution, authorization 1816  International Criminal Police Organization, United States membership dues, increase 1422  International Development Association—   Loan restrictions to countries developing nuclear weapons 445   U.S. contributions, authorization 445  United Nations Educational, Scientific, and Cultural Organization, restriction on funds to 1798 International Peace Garden, N.Dak., appropriation ceiling increase 1446 International Radio Broadcasting, appropriation for activities 210 International Trade Commission, United States. See United States International Trade Commission. International Travel Act of 1961:  Amendment, foreign air transportation, promotion of travel on U.S. carriers 2105  Appropriation for effecting provisions 1197 International Women’s Year, 1975, proclamation 2442 Interstate Agreement on Qualification of Educational Personnel, The, authorization of D.C. to enter 1612 Interstate Commerce Act, Amendment, motor carriers, amendments of standards, effective date 1532 Interstate Commerce Commission:  Appropriation for 212, 228, 778, 1780  Fuel price increases, trucker reimbursement 11  Hazardous materials transportation, regulations for 2157  High-speed ground transportation between major west coast cities, feasibility study, consultation 1532  Intercity rail passenger service regulations, enforcement 1531  Judicial review of orders and decisions 1917  Rail Services Planning Office, appropriation for 212 Interstate Commission on the Potomac River Basin, appropriation for 791 Interstate Compacts, Consent of Congress Granted to, Cumbres and Toltec Scenic Railroad Compact 1421 Inter-Tribal Council, Inc., Okla., lands held in trust for 1920 Intervention on the High Seas Act 8 Inventors’ Day, National, 1974, proclamation 2447 Israel:  Nuclear powerplants, restriction on foreign assistance funds for 1813  Security supporting assistance, appropriation for 1867 J. Edgar Hoover:  Commemorative medals 234  Tributes, compilation of, printing as Senate document 2399 Jim Thorpe, commemorative medals, authorization extension 1978 John Day Fossil Beds National Monument, Oreg., establishment 1461 John E. Fogarty International Center for Advanced Study in the Health Sciences, appropriation for 1640 John F. Kennedy Center for the Performing Arts:  Appropriation for 807  Elementary and secondary school education in the arts program 556 Johnny Horizon ’76 Clean Up America Month:  Designation authorization 1151  Proclamation 2508 Johnson Civilian Conservation Corps Center, Lyndon B., N.C., designation 188 Johnson National Grasslands, Lyndon B., Tex., designation 188 Joint Board for the Enrollment of Actuaries, establishment 1002 Joint Committees, Congressional:  Atomic Energy—   Appropriation for 434   Employees, disbursement of salaries 1776   Reports to, review of Atomic Energy Commission activities, elimination 1970  Congressional Operations, appropriation for 434  Defense Production, appropriation for 434C59  Economic—   Appropriation for 433   Inflation, study 2407   President’s Economic Report, extension of transmittal date 49  Internal Revenue Taxation—   Appropriation for 206, 434   Joint Pension Task Force 999   Renegotiation Act of 1951, study 422  Printing, appropriation for 434, 1777  Reduction of Federal Expenditures—   Abolishment 304   Transfer of functions to Congressional Budget Office 304 Joint Federal-State Land Use Planning Commission for Alaska, appropriation for 821 Joint Funding Simplification Act of 1974 1604 Joint Pension Task Force, establishment 999 Judicial Center, Federal:  Appropriation for 216, 1203  Disposition of criminal cases, advice to planning groups and district courts. 2084 Judicial Conference of the United States, criminal cases, disposition plans, report to by district courts 2082 Judiciary Appropriations:  General provisions, Appropriation Act 1203, 1208  Judiciary Appropriation Act, 1975 1200  Second Supplemental Appropriations Act, 1974 209, 215  Supplemental Appropriations Act, 1975 1779 Junkyards, control of 2281, 2285 Justice, Department of:  Antitrust Division, appropriation for 208, 223, 1192  Antitrust Procedures and Penalties Act 1706  Appropriation Act, 1975 1192  Appropriation for 208, 223, 1192  Attorney General. See separate title.  Attorneys and marshals, United States, appropriation for 1192  Bureau of Prisons—   Appropriation for 223, 1194   Employees, retirement benefits 355   National Institute of Corrections, establishment 1139  Community Relations Service, appropriation for 1193  Drug Enforcement Administration—   Appropriation for 223, 1195   Protection of agents 1456  Federal Bureau of Investigation, appropriation for 223, 1193  Federal Prison Industries, Incorporated—   Appropriation for 223, 1208   Employees, retirement benefits 355  Federal Prison System, appropriation for 223, 1194  General provisions, Appropriation Act 1195, 1208  Immigration and Naturalization Service—   Appropriation for 223, 1193   Border facilities, funds for, increase 794   Immigration inspection, transfer of certain functions to Treasury Department, nullification 50  Interagency Committee on Federal Activities for Alcohol Abuse and Alcoholism, member 133  Law Enforcement Assistance Administration—   Appropriation for 1194   Office of Juvenile Justice and Delinquency Prevention, establishment 1112  Legal activities and general administration, appropriation for 208, 223, 1192  Unfair trade practices, investigation, cooperation 2054  Watergate Special Prosecution Force—   Appropriation for 1192   Certain Presidential recordings and materials, access 1696  Working capital fund, establishment 1975 Juvenile Delinquency:  Criminal procedure 1133–1138  Projects, grants to States 1118, 1133  Use of juvenile records 1137 Juvenile Delinquency Prevention and Control Act of 1968, Amendments:  Demonstrations in youth development 1133  Minimum State allotments, repeal 1133  Program extension 1133 Juvenile Justice, Advisory Committee to the Administrator on Standards for the Administration of, establishment 1118 Juvenile Justice and Delinquency Prevention, Advisory Committee for the National Institute for, establishment 1118 Juvenile Justice and Delinquency Prevention, Coordinating Council on, establishment 1116 Juvenile Justice and Delinquency Prevention, Institute for, Coordinating Council on Juvenile Justice and Delinquency Prevention, member 1116 Juvenile Justice and Delinquency Prevention, National Advisory Committee for, establishment 1117 Juvenile Justice and Delinquency Prevention, Office of:  Coordinating Council on Juvenile Justice and Delinquency Prevention, Vice Chairman 1116  Establishment 1112 Juvenile Justice and Delinquency Prevention Act of 1974 1109  Appropriation for effecting provisions 1775 Kaniksu National Forest, Wash., land exchange procedures 1921 Kennedy Center for the Performing Arts, John F.:  Appropriation for 807  Elementary and secondary school education in the arts program 556 Kentucky:  Beaver Creek Wilderness, designation 2097  Big South Fork National River and Recreation Area, establishment 43  Cumberland Gap National Historical Park, acquisition and development ceiling increases; boundary changes 1445, 1446 Klamath Indian Forests, Federal acquisition of lands, appropriation for 816 Knife River Indian Villages National Historic Site, N. Dak., establishment 1461 Kootenai Tribe of Idaho, lands in trust 1383 Korea, South, military assistance and excess defense articles to, limitation 1802C60 Labeling Act, Fair Packaging and, Amendment, administration, modification of reporting requirements 1972 Labor, Department of:  Actuaries, Joint Board for the Enrollment of, establishment 1002  Appropriation Act, 1975 1634  Appropriation for 202, 223, 1634, 1772, 2106  Back wages, authority to bring suit for 73  Bilingual vocational training, cooperation 608  Certification of data to District of Columbia Board of Elections and Ethics 461  Disabled veterans, employment within the Federal Government, regulations 1594  Economic development and adjustment assistance programs, unemployment benefits, assistance 1165  Emergency job programs 1845  Emergency Unemployment Compensation Act of 1974 1869  Employee Retirement Income Security Act of 1974 829  Employment opportunities, curtailment of certain, prevention, study and report 74  Employment Standards Administration, appropriation for 223, 1636, 1772  Fair Labor Standards Act of 1938. See separate title.  Fair Labor Standards Amendments of 1974 55  Fair labor standards exemptions, economic effects, study and report 73  Federal employee work injury compensation, study 1150  Federal Energy Administration actions, economic impact, monitor 111  General provisions, Appropriation Act 1637, 1651  Headstart and Follow Through programs, labor standards 2308  Import competition, adjustment assistance program study, cooperation 2040  Juvenile Justice and Delinquency Prevention, Coordinating Council on, member 1116  Labor-Management Services Administration, appropriation for 223, 1636, 1772  Labor Statistics, Bureau of—   Appropriation for 223, 1637, 1772   Education Statistics, Advisory Council on, member 556  Law enforcement and fire protection employees, studies 61  Manpower Administration, appropriation for 202, 1634, 2106  Native American programs, labor standards 2327  Occupational Safety and Health Administration, appropriation for 1636  Pension Benefit Guaranty Corporation, establishment, member 1004, 1005  Product sectors of manufacturing, establishment 1984  Summer Youth Recreation program, allocation of funds 2295  Supergrade positions, additional 894  Trade agreements—   Advisory committees for, assistance 1998   Cooperation 1995  Trade impacted areas, boundary establishment, cooperation 2036  Trade monitoring system 2040  Trade-related unemployment, worker adjustment assistance 2019  Unemployment assistance program, special 1850  Unemployment compensation, appropriation for 2107  Veteran’s employment, outreach and public information program; report to congressional committees 1848  Veterans’ Employment Service, veteran’s employment policies and programs, implementation 1848  Women’s Bureau, Women’s Educational Programs, Advisory Council on, member 555 Labor Contractor Registration Act Amendments of 1974, Farm 1652 Labor Contractor Registration Act of 1963, Farm, Amendments:  Civil relief; recordkeeping 1657, 1658  Coverage, extension 1652  Registration requirements 1653 Labor Management Relations Act, 1947:  Amendment, health care institutions, conciliation of labor disputes 396  Appropriation for effecting provisions 1649, 1650 Labor-Management Reporting and Disclosure Act of 1959, Amendment, technical 852 Labor-Management Services Administration, appropriation for 223, 1636, 1772 Labor Organizations, political funds, contributions to 1272 Labor Relations Act, National, Amendments:  Employees of nonprofit hospitals, extension of coverage to 395  Reporting requirements under, modification 1972 Labor Relations Board, National:  Appropriation for 228, 1650  Reporting requirements, modification 1972 Labor Relations Council, Federal, appropriation for 227, 621 Labor Standards Act of 1938, Fair. See Fair Labor Standards Act of 1938. Labor Standards Amendments of 1974, Fair 55 Labor Statistics, Bureau of:  Appropriation for 223, 1637, 1772  Education Statistics, Advisory Council on, member 556 Lake Casitas Recreation Area, Calif., acquisition of additional land for open space 1493 Lake Mead National Recreation Area, Ariz.-Nev., appropriation ceiling increase 1445 Land and Water Conservation Fund Act of 1965:  Amendment, Federal recreation areas, use fees 192  Appropriation for effecting provisions 621, 805 Land Management, Bureau of:  Appropriation for 200, 222, 803, 805, 1782  Budget authority, rescission of certain 1710C61 Laneport Dam and Lake, Tex., name changed to Granger Dam and Lake 2153 Laos:  Combat activities in or over, restriction on funds 232, 285, 1231  Economic and military assistance, limitations 1811  Relief and reconstruction, authorization of funds for 1807  United States Military Academy, attendance of one citizen 244 Latch, Reverend Edward G., prayers offered by the Chaplain, printing as House document 2431 Latin America, agricultural credit and self-help community development programs 1796 Lava Beds National Monument, Calif., boundary change 1447 Law Day, U.S.A., 1974, proclamation 2477 Law Enforcement Assistance Administration:  Appropriation for 1194  Office of Juvenile Justice and Delinquency Prevention, establishment 1112 Law Enforcement Personnel, Federal, retirement benefits 355 Law Enforcement Training Center, Federal, appropriation for 225, 613 Lead-Based Paint Poison Prevention Act, appropriation for effecting provisions 203, 1638 Lease and Surety Bond Guarantees Revolving Fund, appropriation for 1206 Legal Rights for Retarded Citizens Week, 1974, proclamation 2481 Legal Secretaries’ Court Observance Week, National:  Designation 1262  Proclamation 2530 Legal Services Corporation, establishment 379 Legal Services Corporation Act 378 Legal Services Corporation Act of 1974 378 Legislative Branch Appropriation Act, 1966, Amendment, Federal procurement of property and services, increased ceiling 390 Legislative Branch Appropriation Act, 1968, Amendment, Senate committee employees, compensation 52 Legislative Branch Appropriation Act, 1975 424 Legislative Branch of the Government. See also Congress; House of Representatives; Senate.  Appropriation for 205, 214, 424, 1775  Employees, erroneous payment of claims, waiver 393 Legislative-Judiciary Appropriation Act, 1955, repeal of certain provisions 322 Legislative Reorganization Act of 1946, Amendments:  Program review and evaluation by standing committees 325  Technical 331 Legislative Reorganization Act of 1970, Amendments:  Federal programs, review and evaluation by Comptroller General 326  Fiscal and budgetary information and controls 327 Leif Erikson Day, 1974, proclamation 2523 Leprosy, payments to Hawaii for care and treatment of afflicted persons 1637 Libby Dam Protect, Kootenai River, Mont., funds for fish hatchery facilities 25 Libraries:  Medical library assistance programs, extension and revision 371  National Agricultural Library, appropriation for 1826  Samuel Raybum Library, Tex., transfer of certain funds to from Eisenhower College, N.Y 1262  White House Conference on Library and Information Services 1856 Libraries and Information Science, National Commission on:  Appropriation for 1649  White House Conference on Library and Information Services, planning and conduct 1856 Libraries and Learning Resources, Office of, establishment 576 Library of Congress:  Aliens, employment 441  Appropriation for 207, 215, 439  Blind and physically handicapped, books for, appropriation for 440  Congressional Budget Office, utilization of services and facilities 303  Congressional Research Service, appropriation for 439  Constitution of the United States, Annotated, appropriation for revision 441  Copyright Office, appropriation for 207, 439  Educational data consortium, participation 558  Employees, erroneous payment claims, waiver 393  National Commission on Libraries and Information Science, detail of personnel to 1857  National Commission on New Technological Uses of Copyrighted Works, establishment; member 1873, 1874  National Study Commission on Records and Documents of Federal Officials, member 1700 Library of Medicine, National, appropriation for 1640 Library Services and Construction Act:  Amendment, areas of persons of limited English-speaking ability, funding 609  Appropriation for effecting provisions 1642 License Plate Numbers, use in information systems, study 1906 Lighthouse Service, former employees, eligibility for medical care 371 Little League Baseball, Incorporated, girls, equal participation 1744 Livestock Credit Act of 1974, Emergency 391 Lotteries, State-conducted, advertising 1916 Louisiana:  Breton Wilderness, designation 2154  Saint Tammany Parish, land conveyance authorization 1768 Lowell Historic Canal District Commission, Lowell, Mass., establishment 2330 Lower Saint Croix River Act of 1972, Amendment, additional funds authorized 2096 Loyalty Day, 1974, proclamation 2461 Lung Institute, National Heart and:  Appropriation for 1638  National Commission on Diabetes, member 374C62 Lyndon B. Johnson Civilian Conservation Corps Center, N.C., designation 188 Lyndon B. Johnson National Grasslands, Tex., designation 188 Magistrates, United States, appropriation for 1202 Magnuson-Moss Warranty—Federal Trade Commission Improvement Act 2183 Mailing Lists, selling or renting of names and addresses oy Federal agencies, prohibition 1904 Maine, Moosehorn Wilderness (Baring Unit), designation 2154 Management and Budget, Office of:  Appropriation for 216, 618, 1780  Budget, submittal to Congress, study 321  Commission on Federal Paperwork, member 1790  Director and Deputy Director, Senate confirmation 11  Energy Resources Council, member 1241  Federal Energy Administration Act of 1974, incidental transfers under 105  Federal Procurement Policy, Office of, establishment 797  Fiscal, budgetary, and program-related data and information systems 327  Fiscal year 1973 retroactive pay costs, appropriation for, report to 231  Personnel, transfer of certain to Nuclear Regulatory Commission 1243  Records maintained on individuals—   Guidelines, regulations, and assistance 1909   Notice of new systems to 1904 Manpower Administration, appropriation for 202, 1634, 2106 Mansfield Lake, Ind., name changed to Cecil M. Harden Lake 1659 Marble Canyon National Monument, Ariz., abolishment 2090 March of Dimes Birth Defects Prevention Month, designation 1821 Marihuana, prohibition of payment of funds to persons producing for illegal use 1842 “Marihuana-Hashish Epidemic and Its Impact on United States Security, The”, hearings, printing of additional copies 2426 Marine Corps:  Active duty personnel strength 401  Aircraft, missiles, naval vessels, etc., research and development, appropriation authorization 233, 400, 401  Appropriation for 196, 219, 1213  Band, sale of recordings for American Revolution Bicentennial 1868  Civilian personnel strength 403  Family housing, appropriation for 2181  Military Construction Authorization Act, 1975 1750  Military training student load 404  Operation and maintenance, appropriation for 196, 1215  Procurement, appropriation for 198, 1221  Reserve components—   Appropriation for 1214   Aviation career incentive pay 179   Deceased members, presentation of flag for 176   Facilities, construction, etc 1770   Military training student load 404   Officers formerly missing in action, appointment to active list 1954   Operation and maintenance, appropriation for 197, 1216   Selected Reserve, strength 402  Reserve Forces Facilities Authorization Act, 1975 1770  Temporary officers formerly missing in action, appointment to active fist 1954 Marine Corps League, Young Marines of the, surplus naval material, recipients 2147 Marine Fisheries Commission, Atlantic States, appropriation for 1198 Marine Fisheries Commission, Gulf States, appropriation for 1198 Marine Mammal Commission, appropriation for 1205 Marine Mammal Protection Act of 1972, appropriation for effecting provisions 1205 Marine Protection, Research, and Sanctuaries Act of 1972, Amendments:  Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, implementation 50  Ocean dumping provisions, extension 1430 Maritime Administration:  Appropriation for 209, 218, 1199  General provisions, Appropriation Act 1199, 1208  Merchant Marine Academy, appropriation for 1199  Vessels, exchange for conversion and operation in unsubsidized service between west coast and Guam, contract amendment 232 Maritime Commission, Federal:  Appropriation for 228, 1204  Barge operations, rules and regulations 1966  Government or charitable cargo in domestic offshore trade, regulation of rates 1463 Maritime Day, National, 1974, proclamation 2468 Marshals and Attorneys, United States, appropriation for 1192 Martin Van Buren National Historic Site, N.Y., establishment 1462 Maryland:  Antietam Battlefield, elimination of certain reporting requirements 1969  Clara Barton National Historic Site, establishment 1461  Piscataway Park, acquisition of lands 1304 Mass Transportation Act of 1964, Urban. See Urban Mass Transportation Act of 1964. Mass Transportation Assistance Act of 1974, National 1565 Massachusetts:  Boston National Historical Park Act of 1974 1184  Lowell Historic Canal District Commission, establishment 2330  Springfield Armory National Historic Site, establishment 1461 Mathematics, special projects for teaching 588 Meats, import limitations on certain, proclamation 2454, 2540 Medals and Decorations:  Gold, use in, restriction 1978C63  International Exposition on Environment, Spokane, Wash., 1974, commemorative medals, authorization extension 1978  J. Edgar Hoover, commemorative medals 234  Jim Thorpe commemorative medals, authorization extension 1978  San Francisco cable cars, 100th anniversary, commemorative medals, authorization extension 1978  Southeast Asian operations, time limit for award of decorations, extension 1422 Mediation and Conciliation Service, Federal:  Appropriation for 204, 228, 1649  Health care institutions, labor disputes, intervention in 396  Hopi and Navajo Tribes, settlement of land dispute, appointment of a mediator for 1712 Mediation Board, National, appropriation for 228, 1650 Medical Facilities Construction and Modernization Amendments of 1970, Amendment, expiration date, deletion 360 Medical Sciences, National Institute of General:  Appropriation for 1639  National Commission on Arthritis and Related Musculoskeletal Diseases, ex officio member 2218  National Commission on Diabetes, member 374 Medical Services Week, Emergency, 1974, proclamation 2535 Medicine, National Library of, appropriation for 1640 Memorial Day, Prayer for Peace, May 27, 1974, proclamation 2482 Mennonite Disaster Service, disaster relief, cooperation 150 Menominee Restoration Act, appropriation for effecting provisions 1783 Mental Health, National Institute of:  Advisory Board on Child Abuse and Neglect, member 7  Biomedical and behavioral research, peer review of grant applications and contracts, cooperation 360  Crisis counseling assistance and training 157  Establishment 135 Mental Health, National Panel on Alcohol, Drug Abuse, and, establishment 134 Mental Health Administration, Alcohol, Drug Abuse, and:  Appropriation for 1640, 1773  Establishment 134  National Research Services Awards 342 Mental Health Centers Act, Community:  Appropriation for effecting provisions 1640  Repeal of certain provisions 137 Mental Health Council, National Advisory, National Panel on Alcohol, Drug Abuse, and Mental Health, member 134 Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, advisory committees established by, termination, effective date 2275 Merchant Marine Academy, appropriation for 1199 Merchant Marine Act, 1936:  Amendment, National Defense Reserve Fleet, vessel exchange 1965  Appropriation for effecting provisions 1199 Metal and Nonmetallic Mine Safety Board of Review, Federal, appropriation for 821 Methanol, duty suspension 1456 Metric System of Measurement, education for use 546 Metropolitan Museum of Art, N.Y., indemnification agreement 1444 Mexico:  American-Mexican Boundary Treaty Act of 1972, appropriation for effecting provisions 1190  American-Mexican Treaty Act of 1950, appropriation for effecting provisions 1190  Colorado River Basin Salinity Control Act 266  Deepwater ports, negotiations with 2147 Mexico, International Boundary and Water Commission, United States and:  Appropriation for 224, 1189  U.S. section, advance funds to 267 MIA Awareness Day, National, proclamation 2441 Miccosukee Tribe, Fla., Big Cypress National Preserve, land use and visitor service contract rights 1260 Michigan:  Au Sable River, segment designated for possible inclusion in the national wild and scenic rivers systems 2094  Manistee River, segment designated for possible inclusion in the national wild and scenic rivers system 2095  Sleeping Bear Dunes National Lakeshore, appropriation ceiling increase 1446 Micronesian Claims Act of 1971, appropriation for settlement of claims 813 Middle East:  Assistance to nations in 1812  Special requirements fund, appropriation for 1867 Migrant and Seasonally Employed Farmworkers:  Economic opportunity programs, assistance 2298  Farm Labor Contractor Registration Act Amendments of 1974 1652 Migratory Bird Treaty Act, Amendment, migratory bird products; sale, purchase, or shipment of, prohibition 190 Migratory Fishermen, education programs for children of, grants 492 Military Academy, United States, Laotian citizen, attendance 244 Military Appeals, Court of, appropriation for 1218 Military Bands, sale of recordings for American Revolution Bicentennial 1868 Military Bases Abroad, assistance to countries where located, restrictions 1803 Military Construction Appropriation Act, 1975 2179 Military Construction Authorization Act, 1975 1745 Military Personnel and Civilian Employees’ Claims Act of 1964, Amendment, personal property claims, limitation on payments, increase 1381C64 Military Sales Act, Foreign, Amendment, defense services or articles, eligibility; credit sales 1813 Military Selective Service Act of 1967, Amendment, assignment of Public Health Service commissioned personnel to assist Indian tribes 2208 Milk Program, Special:  Appropriation for 1841  Reimbursement, minimum rate 341 Mine Health and Safety Act of 1969, Federal Coal, appropriation for effecting provisions 1636, 1638, 1645 Mine Safety Board of Review, Federal Metal and Nonmetallic, appropriation for 821 Minerals:  Marion County, Fla., conveyance of certain mineral interests to 190, 399  New York, conveyance of certain mineral interests to 1382 Mines, Bureau of:  Appropriation for 222, 277, 809  Lignite coal research laboratory, N. Dak., activities, elimination of reporting requirements 1969  Transfer of certain functions to Energy Research and Development Administration 1237 Mining Enforcement and Safety Administration, appropriation for 808 Minnesota:  Kettle River, segment designated for possible inclusion in the national wild and scenic rivers system 2094  Minneapolis, high-density urban highway intermodal transportation connection, demonstration project 2290  Upper Mississippi River, segment designated for possible inclusion in the national wild and scenic rivers system 2095 Minority Business Enterprise, appropriation for 218, 1197 Mint, Bureau of the, appropriation for 225, 615 Minuteman Missile Flight Tests, restriction 406 Miss Keku, documentation for use in American fisheries 2369 Missiles, Aircraft, Vessels, Etc., appropriation authorization 233 Mississippi River, appropriation for flood control 207, 784 Missouri:  Chester Bridge, contract for operation, etc., time extension 1659  Fire districts, relief of certain 2392  Harry S. Truman Memorial Veterans’ Hospital, designation 1957 Mobile Home Advisory Council, National, appointment 702 Mobile Home Construction and Safety Standards Act of 1974, National 700 Model Community Economic Development Finance Corporation, plan for establishment 2320 Model Secondary School for the Deaf Act, appropriation for effecting provisions 1646 Molasses, Sugars and Sirups, tariffs and quota on certain, establishment, proclamation 2537 Money Orders and Traveler’s Checks, disposition of abandoned 1525 Montana:  Chippewa Cree Tribe of the Rocky Boy’s Reservation, mineral rights held in trust 142  Libby Dam project, Kootenai River, funds for fish hatchery facilities 25  Mission Mountains Wilderness, designation 2155  Policemen and firemen, Social Security benefits 2386  Wildlife grazing, land conveyance 25 Moores Creek National Military Park, N.C., land acquisition and development, authorization of funds for 1445 Morristown National Historical Park, N.J., appropriation ceiling increase; boundary change 1445, 1447 Mortgage Association, Federal National, medical facilities, modernization and construction assistance, sale of loans to 2266 Mortgage Association, Government National, appropriation for 1096, 1106 Mortgage Association Charter Act, Federal National, appropriation for effecting provisions 1096, 1105, 1641, 1643 Mother’s Day, 1974, proclamation 2473 Motor Carrier Act, Amendment, judicial review of Interstate Commerce Commission decisions 1918 Motor Vehicle and Schoolbus Safety Amendments of 1974 1470 Motor Vehicle Information and Cost Savings Act:  Amendment, motor vehicle demonstration projects 1485  Appropriation for effecting provisions 775 Motor Vehicle Safety Act of 1966, National Traffic and. See National Traffic and Motor Vehicle Safety Act of 1966 Motor Vehicles:  Armed forces members, shipment or reshipment of vehicles owned by 1743  Emission standards 258  Insurance coverage to farm labor contractors 1654  License plate numbers, use in information systems, study 1906  National maximum speed limit 2286  New, fuel economy improvement 261  Size and weight limitations for the Interstate System; enforcement 2283, 2284  Used, warranties, rulemaking proceedings 2189 Mozambique, U.S. policy on independence of 1816 Music Month, Country, October 1974, proclamation 2529 Mutual Educational and Cultural Exchange Act of 1961, appropriation for effecting provisions 1191, 1207, 1642 Mutual Security Act of 1954, Amendment, congressional committees, use of foreign currencies, reports 444 Mutual Security Appropriations Act, 1956, Amendment, military assistance funds, elimination of report requirement 1968 Mutual Security Appropriations Act, 1957, repeal of certain provisions 1968C65 Narcotic Addict Rehabilitation Act of 1966, appropriation for effecting provisions 1640 Narcotic Addict Treatment Act of 1974 124 National Academy for Fire Prevention and Control, establishment 1537 National Academy of Sciences, drinking water, maximum contaminant levels, study 1664 National Academy of Sciences-National Academy of Engineering, Washington metropolitan area, water resource needs, scientific basis for study conclusions, report 37 National Advisory Committee for Juvenile Justice and Delinquency Prevention, establishment 1117 National Advisory Council for Adult Education, reports to by State advisory councils, recommendations 578 National Advisory Council for Career Education, establishment 552 National Advisory Council for the Protection of Subjects of Biomedical and Behavioral Research, establishment 351 National Advisory Council on Aging, establishment 185 National Advisory Council on Alcohol Abuse, and Alcoholism, National Panel on Alcohol, Drug Abuse, and Mental Health, member 134 National Advisory Council on Bilingual Education, establishment 510 National Advisory Council on Drug Abuse, National Panel on Alcohol, Drug Abuse, and Mental Health, member 134 National Advisory Council on Vocational Education:  Authority to accept gifts and transfer funds 1849  Career Education, National Advisory Council for, member 552 National Advisory Mental Health Council, National Panel on Alcohol, Drug Abuse, and Mental Health, member 134 National Aeronautics and Space Act of 1958, Amendments:  Experts and consultants, pay 243  Solar heating and cooling, activities 1070 National Aeronautics and Space Administration:  Appropriation for 226, 276, 1100  Canaveral National Seashore, Fla., transfer of lands for to Department of the Interior 2122, 2125  Construction of facilities, research and development, appropriation authorization 240  Geothermal Energy Coordination and Management Project, member; cooperation 1081  Personnel and equipment, loan to Bureau of Sport Fisheries and Wildlife 124  Solar Energy Coordination and Management Project, member 1432  Solar Heating and Cooling Demonstration Act of 1974 1069 National Aeronautics and Space Administration Authorization Act, 1975 240  Appropriation for effecting provisions 1100, 1101 National Agricultural Library, appropriation for 217, 1826 National Air and Space Museum, appropriation for 820 National Archives and Records Service:  American Indian Policy Review Commission, disposition of records and papers in 1913  Appropriation for 226, 626  Archives and records, transfer of certain to Alaska 1740  Federal Register. See separate title.  National Study Commission on Records and Documents of Federal Officials, support services 1701  Records maintained on individuals, disclosure 1897, 1904 National Arthritis Act of 1974 2217 National Arthritis Month, 1974, proclamation 2478 National Bank Act, Amendment, public housing obligations, investment 668 National Board for the Promotion of Rifle Practice, appropriation for 1217 National Bureau of Standards:  Appropriation for 1198  Energy-related inventions, evaluation 1894  Solar heating and cooling systems, cooperation 1071, 1072, 1074, 1075, 1078 National Cancer Act Amendments of 1974 358 National Cancer Institute:  Appropriation for 1638  Program extension 358  Uterine cancer diagnosis, trial program 359 National Capital Planning Act of 1952, appropriation for effecting provisions 819 National Capital Planning Commission, appropriation for 228, 819 National Capital Transportation Act of 1969, appropriation for effecting provisions 779 National Center for Deaf-Blind Youth and Adults:  Program extension 1619  Report to Congress, elimination 1968 National Center for Education Statistics:  Career Education, National Advisory Council for, member 522  Establishment 556  Poverty data, study, cooperation 601 National Center for Health Services Research, establishment 363 National Center for Health Statistics, establishment 365 National Center on Child Abuse and Neglect, establishment 5 National Coin Week, 1974, proclamation 2474 National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, establishment 348 National Commission for the Review of Federal and State Laws Relating to Wiretapping and Electronic Surveillance:  Appropriation for 1205  Extension; closed meetings 1972 National Commission on Arthritis and Related Musculoskeletal Diseases, establishment 2218 National Commission on Diabetes, establishment 374 National Commission on Electronic Fund Transfers:  Appropriation for 1781  Establishment 1508C66 National Commission on Libraries and Information Science:  Appropriation for 1649  White House Conference on Library and Information Services, planning and conduct 1856 National Commission on New Technological Uses of Copyrighted Works, establishment 1873 National Commission on Productivity, appropriation for 618 National Commission on Productivity and Work Quality, designation 236 National Commission on Supplies and Shortages:  Appropriation for 1781  Establishment 1168 National Commission on Supplies and Shortages Act of 1974 1167  Appropriation for effecting provisions. 1781 National Commission on Water Quality, appropriation for 1836 National Council on Health Planning and Development, establishment 2228 National Council on Indian Opportunity, appropriation for 228 National Credit Union Administration, National Commission on Electronic Fund Transfers, member 1508 National Day of Prayer, 1974, proclamation 2544 National Defense Education Act of 1958:  Amendment, extension 588  Appropriation for effecting provisions 203, 276, 1101, 1642, 1773 National Defense Transportation Day and National Transportation Week, 1974, proclamation 2480 National Diabetes Mellitus Research and Education Act 373 National Drinking Water Advisory Council:  Drinking water—   National regulations for 1664   State underground injection control programs, regulations for 1675  Establishment 1688 National Employ the Handicapped Week, 1974, proclamation 2507 National Endowment for the Arts:  Appropriation for 819  Rail terminals of historical or architectural significance, preservation or reuse program, consultation 1528 National Endowment for the Humanities, appropriation for 819 National Environmental Improvement Act of 1970, appropriation for effecting provisions 1834 National Environmental Policy Act of 1969, appropriation for effecting provisions 1834, 1835 National Eye Institute:  Appropriation for 1639  National Commission on Diabetes, member 374 National Farm-City Week, 1974, proclamation 2527 National Farm Safety Week, 1974, proclamation 2450 National Fire Data Center, establishment 1541 National Fire Prevention and Control Administration:  Appropriation for 1198  Establishment 1536 National Flood Insurance Act of 1968, appropriation for effecting provisions 1097 National Forest Products Week, 1974, proclamation 2496 National Forest System:  Definition 480  Wilderness areas within, designation 2154 National Forests:  Arapaho National Forest, Colo., boundary extension 1878  Kaniksu National Forest, Wash., land exchange procedures 1921  Siuslaw National Forest, Oreg., boundary extension 1733  Teton National Forest, Wyo., land exchange 1843 National Forests Act of 1972, Volunteers in the, appropriation for effecting provisions 817 National Foundation on the Arts and the Humanities:  Appropriation for 819  Career Education, National Advisory Council for, member 552 National Foundation on the Arts and the Humanities Act of 1965, appropriation for effecting provisions 819 National Gallery of Art, appropriation for 821 National Guard:  Air—   Aircraft procurement, appropriation authorization 400   Appropriation for 1214   Aviation career incentive pay 179   Deceased members, presentation of flag for 176   Facilities, construction, etc 1770   Military construction, appropriation for 2181   Military training, student load 404   Operation and maintenance, appropriation for 197, 1217   Selected Reserve, strength 402, 403   Servicemen’s Group Life Insurance, inclusion 165  Army—   Appropriation for 1214   Aviation career incentive pay 179   Deceased members, presentation of flag for 176   Facilities, construction, etc 1770   Military construction, appropriation for 2180   Military training, student load 404   Operation and maintenance, appropriation for 197, 1217   Selected Reserve, strength 402   Servicemen’s Group Life Insurance, inclusion 165 National Health Planning and Resources Development Act of 1974 2225 National Health Services Corps, scholarship program, extension 741 National Heart and Lung Institute:  Appropriation for 1638  National Commission on Diabetes, member 374 National Highway Traffic Safety Administration, appropriation for 211, 224, 775 National Hispanic Heritage Week, 1974, proclamation 2501 National Historical Publications and Records Commission, new name for National Historical Publications Commission 1734C67 National Historical Publications Commission, redesignated as National Historical Publications and Records Commission; additional members; extension 1734 National Housing Act:  Amendments—   Business or agricultural loans, interest rate, limitation 1559   Cooperative housing projects, mortgage insurance 1367   Energy conservation 678   Federal National Mortgage Association, technical amendments 727   Federal Savings and Loan Insurance Corporation, secondary reserve adjustment 1507   Government National Mortgage Association, purchased mortgages, limitation 728   Historic structures, preservation of, insurance to financial institutions financing 1366   Mortgage credit assistance—    Extension 676–686    Prohibition of discrimination 728   Mortgage loans, certain federally related, limitations and disclosures 1729   Mortgages, interim authority to purchase 1364   Multifamily mortgage assistance, insurance, extension 672   Savings and loan associations—    Deposit insurance, increased ceiling 1503    Mutual to stock conversions 1504    Public fund accounts, deposit insurance coverage 1501   Single-family mortgage assistance, insurance, extension 671   Technical 163, 1739  Appropriation for effecting provisions 1096, 1106  Repeal of certain provisions 728 National Hunting and Fishing Day:  Designation 1166  Proclamation 2513 National Institute for Juvenile Justice and Delinquency Prevention, establishment 1125 National Institute for Juvenile Justice and Delinquency Prevention, Advisory Committee for the, establishment 1118 National Institute of Allergy and Infectious Diseases:  Appropriation for 1639  National Commission on Arthritis and Related Musculoskeletal Diseases, ex officio member 2218 National Institute of Arthritis, Metabolism, and Digestive Diseases:  Appropriation for 1639  Associate Director for Arthritis and Related Musculoskeletal Disease 2224  National Commission on Arthritis, and Related Musculoskeletal Diseases, ex officio member 2218  National Commission on Diabetes, member 374 National Institute of Building Sciences, establishment 730 National Institute of Child Health and Human Development:  Advisory Board on Child Abuse and Neglect, member 7  Appropriation for 1639  National Commission on Diabetes, member 374 National Institute of Corrections, establishment 1139 National Institute of Dental Research:  Appropriation for 1639  National Commission on Diabetes, member 374 National Institute of Education:  Advisory Board on Child Abuse and Neglect, member 7  Appropriation for 220, 1643  Bilingual education programs 511  Career Education, National Advisory Council for, member 552  Compensatory education programs, study 599  Education Statistics, Advisory Council on, member 556  Gifted and talented children, education of, research 548  Local educational agencies, allocation of funds, report to 499 National Institute of Environmental Health Sciences:  Appropriation for 1639  Coal conversion, effects on public health, study 259 National Institute of General Medical Sciences:  Appropriation for 1639  National Commission on Arthritis and Related Musculoskeletal Diseases, ex officio member 2218  National Commission on Diabetes, member 374 National Institute of Mental Health:  Advisory’ Board on Child Abuse and Neglect, member 7  Biomedical and behavioral research, peer review of grant applications and contracts, cooperation 360  Crisis counseling assistance and training 157  Establishment 135 National Institute of Neurological Diseases and Stroke:  Appropriation for 1639  National Commission on Diabetes, member 374 National Institute on Aging, establishment 185 National Institute on Alcohol Abuse and Alcoholism:  Biomedical and behavioral research, peer review of grant applications and contracts, cooperation 360  Departmental position of 135  Interagency Committee on Federal Activities for Alcohol Abuse and Alcoholism, Chairman 133 National Institute on Drug Abuse:  Biomedical and behavioral research, peer review of grant applications and contracts, cooperation 360  Departmental position of 136 National Institutes of Health:  Appropriation for 220, 1638  Diabetes Mellitus Coordinating Committee, establishment 377  Fire victims, treatment and rehabilitation, research program 1547C68  National Commission on Arthritis and Related Musculoskeletal Diseases, ex officio member 2218  National Commission on Diabetes, establishment 374  National Research Service Awards 342 National Inventors’ Day, 1974, proclamation 2447 National Labor Relations Act, Amendments:  Employees of nonprofit hospitals, extension of coverage to 395  Reporting requirements under, modification 1972 National Labor Relations Board:  Appropriation for 228, 1650  Reporting requirements, modification 1972 National Legal Secretaries’ Court Observance Week:  Designation 1262  Proclamation 2530 National Library of Medicine, appropriation for 1640 National Maritime Day, 1974, proclamation 2468 National Mass Transportation Assistance Act of 1974 1565 National Mediation Board, appropriation for 228, 1650 National MIA Awareness Day, proclamation 2441 National Mobile Home Advisory Council, appointment 702 National Mobile Home Construction and Safety Standards Act of 1974 700 National Museum Act of 1966, Amendment, Smithsonian Institution, addition funds authorized 339 National Nurse Week, 1974, proclamation 2445 National Oceanic and Atmospheric Administration:  Appropriation for 209, 218, 279, 1197  Deepwater ports, potential locations, evaluation regulations, consultation 2131  Reporting requirements, elimination of certain 1967 National Panel on Alcohol, Drug Abuse, and Mental Health, establishment 134 National Park Service:  Appropriation for 222, 805, 806  Boston National Historical Park Act of 1974 1184  Budget authority, rescission of certain 1710  Lowell Historic Canal District Commission, member 2331 National Parkinson Week, 1974, proclamation 2534 National Parks, Monuments, Seashores, Etc.:  Acquisition ceiling increase; boundary changes 1445–1447  Big Cypress National Preserve, Fla., establishment 1258  Big South Fork National River and Recreation Area, Tenn.-Ky., establishment 43  Big Thicket National Preserve, Tex., establishment 1254  Biscayne National Monument, Fla., acquisition ceiling increases; boundary changes 1445, 1446  Boston National Historical Park Act of 1974 1184  Cabrillo National Monument, Calif., Page boundary revision, proclamation 2514  Canaveral National Seashore, Fla., establishment 2121  Cape Lookout National Seashore, N.C., land acquisition 1448  Cascade Head Scenic-Research Area, Oreg., establishment 1732  Channel Islands National Monument, Calif., donation of lands to 1447  Clara Barton National Historic Site, Md., establishment 1461  Colonial National Historical Park, Va., appropriation ceiling increase 1445  Cross Timbers National Grasslands, Tex., designation as Lyndon B. Johnson National Grasslands 188  Cumberland Gap National Historical Park, Ky., acquisition and development ceiling increases; boundary changes 1445, 1446  Cuyahoga Valley National Recreation Area, Ohio, establishment 1784  Egmont Key National Wildlife Refuge, Fla., establishment 295  Farallon National Wildlife Refuge, Calif., designation of Farallon Wilderness within 1744  Fort Necessity National Battlefield, Pa., appropriation ceiling increase; boundary change 1445, 1446  Golden Gate National Recreation Area, Calif., additional lands 1741  Grand Canyon National Monument, Ariz., abolishment 2090  Grand Canyon National Park Enlargement Act 2089  Great Dismal Swamp National Wildlife Refuge, Va.-N.C., establishment 801  Harpers Ferry National Historical Park, W. Va., additional lands and interpretive shuttle service 1420  Independence National Historic Park, Pa., appropriation ceiling increase; boundary change 1445, 1446  Indiana Dunes National Lakeshore, Ind., appropriation ceiling increase 1445  John Day Fossil Beds National Monument, Oreg., establishment 1461  Knife River Indian Villages National Historic Site, N. Dak., establishment 1461  Lake Mead National Recreation Area, Ariz.-Nev., appropriation ceiling increase 1445  Lava Beds National Monument, Calif., boundary change 1447  Marble Canyon National Monument, Ariz., abolishment 2090  Martin Van Buren National Historic Site, N.Y., establishment 1462  Moores Creek National Military Park, N.C., land acquisition and development, authorization of funds for 1445  Morristown National Historical Park, N.J., appropriation ceiling increase; boundary change 1445, 1447  Point Reyes National Seashore, Calif., additional lands 1744  Rocky Mountain National Park, Colo., additional lands 1445, 1447  San Juan National Historic Site, Puerto Rico, damage studies 1447C69  Sequoia National Park, Calif., use of Page certain lands within for a hydroelectric project 1660  Sewali-Belmont House National Historic Site, D.C., designation 1463  Sleeping Bear Dunes National Lakeshore, Mich., appropriation ceiling increase 1446  Springfield Armory National Historic Site, Mass., establishment 1461  Tuskegee Institute National Historic Site, Ala., establishment 1462  Wild and scenic rivers system, designating segments of certain rivers for possible inclusion in 2094 National Planning and Advisory Council:  Establishment 1631  White House Conference on Handicapped Individuals, planning and guidance 1631 National Poison Prevention Week, 1974, proclamation 2449 National Port Week, 1974, proclamation 2446 National Railroad Passenger Corporation:  Amtrak Improvement Act of 1974 1526  Appropriation for 211,776  Customs inspection procedures, cooperation 1527  High-speed ground transportation between major west coast cities, feasibility study, consultation 1532  Northeast Corridor project completion, cooperation 1527  Passenger equipment, repair and maintenance 1527  Stock ownership 1526 National Railway Historical Society, Incorporated, Hawaii Chapter, surplus property donations 1742 National Research Act 342  Conference papers, signing of duplicates 2404 National Research Service Award Act of 1974 342 National Safe Boating Week, 1974, proclamation 2453 National School Lunch Act:  Amendments—   Commodity distribution program 286   Level of commodity assistance 286   Reduced price lunches, income guidelines 286   Technical 287  Appropriation for effecting provisions 195, 1827, 1841 National School Lunch and Child Nutrition Act Amendments of 1974 286 National School Lunch Week, 1974, proclamation 2509 National Science Foundation:  Appropriation for 228, 276, 1101, 1772  Career Education, National Advisory Council for, member 552  Geothermal energy, scientific and technical education 1085  Geothermal Energy Coordination and Management Project, member; cooperation 1081, 1085  Solar energy—   Science and engineering education programs 1436   Use for heating and cooling homes, demonstration, cooperation 738  Solar Energy’ Coordination and Management Project, member 1432  Solar Heating and Cooling Demonstration Act of 1974 1069  Solar heating and geothermal power functions, transfer to Energy Research and Development Administration 1238 National Science Foundation Act of 1950, appropriation for effecting provisions 276, 1101 National Science Foundation Authorization Act, 1975 1093 National Security Council, appropriation for 618 National Student Government Day, 1974, proclamation 2498 National Study Commission on Records and Documents of Federal Officials, establishment 1699 National Technical Information Service, appropriation for 1198 National Technical Institute for the Deaf, appropriation for 1646 National Technical Institute for the Deaf Act, appropriation for effecting provisions 1646 National Traffic and Motor Vehicle Safety Act of 1966, Amendments:  Additional funds authorized 1470  Inspection and recordkeeping 1478  Motor vehicle defects, discovery, notification, and remedy 1470  Motor vehicle safety standards, cost information 1480  Regrooved tires 1484  Safety belt interlock systems 1482  Schoolbus safety, mandatory standards 1484 National Transportation Safety Board:  Appropriation for 225, 777  Establishment 2167 National Visitor Center Facilities Act of 1968, Amendment, Union Station, D.C., construction of parking facilities adjacent to; additional funds 1449 National Volunteer Week, 1974, proclamation 2476 National Wildlife Refuge System, wilderness areas within, designation 2153 National Wildlife Refuge System Administration Act Amendments of 1974 1603 National Wildlife Refuge System Administration Act of 1966, Amendment, rights-of-way, easements, or reservations, payment of fair market value 1603 National Zoological Park, appropriation for 820 Native American Programs Act of 1974 2324 Natural Gas Pipeline Safety Act Amendments of 1974 602 Natural Gas Pipeline Safety Act of 1968:  Amendments—   Funds, authorization 802   Pipeline safety programs, allocation of funds to States 802  Appropriation for effecting provisions 769 Navajo and Hopi Indian Relocation Commission, establishment 1716 Navajo and Hopi Tribes, Ariz., settlement of land dispute 1712 Navajo Tribe of Indians, Ariz., lands held in trust for 1490 Naval Petroleum Reserves, appropriation for 1218C70 Naval Sea Cadet Corps:  Surplus naval material, recipients 2147  Youth programs, discrimination on the basis of sex, elimination 1575 Navigation, Permanent International Commission of the Congresses of, increase of funds 39 Navy, Department of the. See also Armed Forces; Defense, Department of.  Active duty personnel strength 401  Aircraft, missiles, vessels, etc.—   Procurement, appropriation for 1220   Research and development, appropriation authorization 233, 400, 401  Appropriation for 196, 219, 1213  Band, sale of recordings for American Revolution Bicentennial 1868  Civilian personnel strength 403  Culebra, Island of, naval training operations, restrictions 406  De Luz Dam, Calif., report to Congress on, elimination 1967  Disciplinary employees, retirement benefits for certain 355  Family housing, appropriation for 2181  General provisions, Appropriation Act 2182  Land conveyances, Boy Scouts of America, Gulf Coast Council 1768  Medical officers in initial residency continuation pay 792  Military Construction Appropriation Act, 1975 2179  Military Construction Authorization Act, 1975 1748  Military training, student load 404  Nuclear powered vessels, construction 408  Official temporary residence of Vice President of the United States, staffing and maintenance by 340  Operation and maintenance, appropriation for 196, 1215  Personnel and equipment, loan to Bureau of Sport Fisheries and Wildlife 124  Petroleum reserves, appropriation for 1218  Physicians, dentists, and medical officers, revised pay structure 94, 95  Procurement, appropriation for 197, 198, 1220, 1221  Research, development, etc., appropriation for 1223  Reserve components—   Appropriation for 1214   Aviation career incentive pay 179   Deceased members, presentation of flag for 176   Facilities, construction, etc 1770   Military construction, appropriation for 2181   Military training, student load 404   Officers formerly missing in action, appointment to active list 1954   Operation and maintenance, appropriation for 196, 1216   Selected Reserve, strength 402  Reserve Forces Facilities Authorization Act, 1975 1770  Temporary officers formerly missing in action, appointment to active list 1954  Vessels, restrictions on transfer to other nations 406 Nebraska, Niobrara, seepage and drainage problem, increased authorization 19 Neurological Diseases and Stroke, National Institute of:  Appropriation for 1639  National Commission on Diabetes, member 374 Nevada:  Lake Mead National Recreation Area, appropriation ceiling increase 1445  Title to lands, removal of cloud on 1843 New Community Development Corporation, new name for Community Development Corporation 725 New Hampshire, Presidential Range-Dry River Wilderness, designation 2097 New Jersey:  Brigantine Wilderness, designation 2154  Morristowm National Historical Park, appropriation ceiling increase; boundary change 1445, 1447  Trenton, Broad and Front Street Garage, eligibility as a local grant-in-aid of the neighborhood development program 740 New Mexico:  Alamogordo Dam and Reservoir, name changed to Sumner Dam and Lake Sumner 1363  Albuquerque, land conveyance 1875  Bosque del Apache Wilderness, designation 2154  Captain, return of body of Smokey Bear on his death 2421  Cumbres and Toltec Scenic Railroad Compact 1421  Heron Reservoir, San Juan-Chama project, releases for recreation pool in Elephant Butte Reservoir 1498  Pueblo of Acoma Tribe, lands exchange with Forest Service 1738  Sumner Dam and Lake Sumner, designation 1363 New Mexico Slate University, land conveyance 1375 New York:  Conveyance of mineral interests and release of conditions to the conveyance of certain lands 1382  Eisenhower College—   Appropriation for payment to 1780   Transfer of proceeds from sale of certain coins to 1262  Fort Covington, hydroelectric energy facilities for transmission between Canada and the United States 260  Great South Bay, flood control survey, report 33  Martin Van Buren National Historic Site, establishment 1462  Metropolitan Museum of Art, indemnification agreement 1444 Nicaragua, disaster relief assistance 290 Ninety-fourth Congress, First Session, convention date 1770 Nixon, Richard:  Pardon, granting to, proclamation 2502  Recordings and materials of, preservation 1695  Tapes and documents in Federal custody, prohibition of transfer 1783 “No-Knock” Search Warrant Authority, repeal 1455 Nonnuclear Energy Research and Development Act of 1974, Federal 1878C71 North Atlantic Treaty Organization:  Standardization of equipment, assessment by Secretary of Defense 402  25th anniversary, proclamation 2470 North Carolina:  Arrowood Civilian Conservation Corps Center, designation as Lyndon B. Johnson Civilian Conservation Corps Center 188  Cape Lookout National Seashore, land acquisition 1448  Chattooga River, component of national wild and scenic rivers system, designation 122  Ellicott Rock Wilderness, designation 2097  Great Dismal Swamp National Wildlife Refuge, establishment 801  Joyce Kilmer-Slickrock Wilderness, designation 2097  Lyndon B. Johnson Civilian Conservation Corps Center, designation 188  Moores Creek National Military Park, land acquisition and development, authorization of funds for 1445  Nolichuckey River, segment designated for possible inclusion in the national wild and scenic rivers system 2095  Tobacco acreage allotments or quotas, emergency lease or transfer 1416  Wake Forest University, sale of former consulate building in Venice to 84 North Dakota:  Apple Creek unit, Pick-Sloan Missouri Basin program, potential water resource development program, feasibility study 1498  Chase Lake and Lostwood Wilderness areas, designation 2154  International Peace Garden, appropriation ceiling increase 1446  Knife River Indian Villages National Historic Site, establishment 1461  Lignite coal research laboratory, elimination of reporting requirements on activities 1969  Montrail County Park Commission, land conveyance 24  Sisseton and Wahpeton Sioux Tribe, Lake Traverse Reservation—   Land acquisition 1468   Lands in trust 1465 North Vietnam. See Vietnam, North. Northwest Atlantic Fisheries Act of 1950, Amendment, fish conservation, international enforcement, U.S. participation 293 Noxious Weed Act of 1974, Federal 2148 Nuclear Cooperation, International Agreements for, congressional approval requirement 1460 Nuclear Incidents, damages involving U.S. warships, payment of claims and judgments 1611 Nuclear Material Safety and Safeguards, Office of, establishment 1245 Nuclear Powerplants in Israel or Egypt, restriction on foreign assistance funds for 1813 Nuclear Reactor Regulation, Office of, establishment 1244 Nuclear Regulatory Commission:  Establishment 1242  Nuclear energy center site survey 1247 Nuclear Regulatory Research, Office of, establishment 1246 Nuclear Weapons:  Countries developing, denial of International Development Association funds to 445  Tactical weapons in Europe, study 402 Nurse Week, National, 1974, proclamation 2445 Nutrition and Human Needs, national policy, hearings and reports on, printing of additional copies 2425 Nutrition Service, Food and, appropriation for 195, 1840 O. C. Fisher Dam and Lake, Tex., designation 2173 Oak Ridge National Laboratory, Tenn, designated as Holifield National Laboratory 1977 Occupational Safety and Health Act of 1970, appropriation for effecting provisions 1636, 1638 Occupational Safety and Health Administration, appropriation for 1636 Occupational Safety and Health Review Commission, appropriation for 1650 Ocean Exposition, International, appropriation for 210 Ocean Exposition Appropriations Authorization Act of 1973, International 194 Oceanic and Atmospheric Administration, National:  Appropriation for 209, 218, 279, 1197  Deepwater ports, potential locations, evaluation regulations, consultation 2131  Reporting requirements, elimination of certain 1967 Oceans and International Environmental and Scientific Affairs, Bureau of, Assistant Secretary for, compensation 238 Office for Civil Rights, appropriation for 1647 Office for the Blind and Visually Handicapped, additional personnel 1629 Office of Bilingual Education, establishment 509 Office of Career Education:  Career Education, National Advisory Council for, member 552  Establishment 551 Office of Child Development:  Advisory Board on Child Abuse and Neglect, member 7  Appropriation for 204 Office of Coal Research:  Appropriation for 277  Transfer of functions to Energy Research and Development Administration 1237 Office of Consumer Affairs, appropriation for 1840 Office of Consumers’ Education, establishment 553 Office of Employee Plans and Exempt Organizations, establishment 951 Office of Environmental Quality, appropriation for 1834 Office of Federal Procurement Policy:  Appropriation for 1780  Establishment 797 Office of Federal Procurement Policy Act 796  Appropriation for effecting provisions 1780C72 Office of Juvenile Justice and Delinquency Prevention:  Coordinating Council on Juvenile Justice and Delinquency Prevention, Vice Chairman 1116  Establishment 1112 Office of Libraries and Learning Resources, establishment 576 Office of Nuclear Material Safety and Safeguards, establishment 1245 Office of Nuclear Reactor Regulation, establishment 1244 Office of Nuclear Regulatory Research, establishment 1246 Office of Private Grievances and Redress, establishment 112 Office of the People’s Counsel, D.C., establishment 1975 Offshore Shrimp Fisheries Act of 1973, appropriation for effecting provisions 209 Ohio:  Cuyahoga Valley National Recreation Area, establishment 1784  West Sister Island Wildnerness, designation 2154 Ohio and Erie Canal, Ohio, preservation study 1447 Oil and Gas:  Appropriation for certain programs 278  Deepwater ports, oil discharge, liability 2141  Naval petroleum reserves, appropriation for 1218  Recovery, field testing of nuclear explosives for, restriction on funds 279 Oil and Gas, Office of:  Appropriation for 200  Transfer of functions to Federal Energy Administration 100 Oklahoma:  Absentee Shawnee Tribe, lands held in trust for 1922  Cheyenne-Arapaho Tribes, lands held in trust for 1915  Citizen Band of Pottawatomie Indians, lands held in trust for 1922  Illinois River, segment designated for possible inclusion in the national wild and scenic rivers system 2094  Indian tribes, certain excess Federal property, disposal 1954  Inter-Tribal Council Inc., lands held in trust for 1920  Mountain Park project, water supply for city of Frederick 1492 Old-Age and Survivors Insurance Trust Fund, Federal, authorization of funds for 947 Older Americans Act of 1965:  Amendments—   Nutrition program for the elderly—    Additional funds authorized 357    Level of assistance; food stamps, regulation of use 358   Transportation projects 357  Appropriation for effecting provisions 1646, 1775 Older Americans Comprehensive Services Amendments of 1973, appropriation for effecting provisions 1635 Older Americans Month, 1974, proclamation 2479 Omnibus Crime Control and Safe Streets Page Act of 1968:  Amendments—   Conforming amendments 1142   National Commission for the Review of Federal and State Laws on Wiretapping and Electronic Surveillance, extension; closed meetings 1972  Appropriation for effecting provisions 1194 One World Government, restriction on use of funds for promotion of 1192 Optometrists, Federal employee health benefits program participants, access to services of 398 Oregon:  Cascade Head Scenic-Research Area, establishment 1732  Fishing vessels, certain inspection and loadline requirements, exemption 1182, 1183  John Day Fossil Beds National Monument, establishment 1461  John Day River, segment designated for possible inclusion in the national wild and scenic rivers system 2094  Klamath project, transfer of certain lands to owners 1494  Owyhee River, segment designated for possible inclusion in the national wild and scenic rivers system 2095  Savage Rapids Dam, Grants Pass Division, Rogue River Basin, construction of improved anadromous fish passage 1498  Siuslaw National Forest, boundary extension 1733 Organic Act of Guam, Amendment, transactions of government, elimination of report to Congress 1969 Organic Act of 1944, appropriation for effecting provisions 817, 1822–1829, 1831, 1832, 1834, 1837, 1841, 1842 Organization of American Historians, National Study Commission on Records and Documents of Federal Officials, appointment of member 1700 “Our American Government. What Is It? How Does It Work?”, printing as House document 2403 “Our Flag”, printing as House document 2403 Outdoor Advertising, control of 2281, 2284 Outdoor Recreation, Bureau of, appropriation for 222, 805 Overseas Private Investment Corporation, extension of authority 763–768 Overseas Private Investment Corporation Amendments Act of 1974 763 Pacific Islands, Trust Territory of the. See Trust Territory of the Pacific Islands. Pacific Marine Fisheries Commission, appropriation for 1198 Packaging and Labeling Act, Fair, Amendment, administration, modification of reporting requirements 1972 Packers and Stockyards Act, appropriation for effecting provisions 1828 Packers and Stockyards Administration, appropriation for 217, 1828 Page, Arizona, Community Act of 1974 1486C73 Paiute Indians, Ariz., land allotment to certain 1716 Pakistan:  Disaster relief assistance 290  Refugees from, appropriation for assistance 1867 Pan American Day and Pan American Week, proclamation 2472 Panama Canal. See Canal Zone. Panama Canal Company:  Appropriation for 220, 779  Borrowing authority, increase 1966 Paperwork, Commission on Federal, establishment 1789 Parent Locator Service, establishment 2353 Park Service, National:  Appropriation for 222, 805, 806  Boston National Historical Park Act of 1974 1184  Budget authority, rescission of certain 1710 Parkinson Week, National, 1974, proclamation 2534 Passports, application fees 1151 Patent and Trademark Office, new name for Patent Office 1949 Patent Office:  Appropriation for 1198  First Assistant Commissioner of Patents, title changed to Deputy Commissioner; examiners-in-chief, appointment 1956  Name changed to Patent and Trademark Office 1949  Patent issue fee, late payment 1956  Reasons of appeal, elimination 1955  Solar heating and cooling, use, information dissemination 1075 Patents:  Atomic energy, licensing requirements, extension 475  Nonnuclear energy research and development, policy 1887 Peace Corps Act, Amendment, funds for program, authorization; readjustment allowances 191 Pennsylvania:  Fort Necessity National Battlefield, appropriation ceiling increase; boundary change 1445, 1446  Independence National Historical Park, appropriation ceiling increase; boundary change 1445, 1446 Pennsylvania Avenue Development Corporation, appropriation for 822 Pennsylvania Avenue Development Corporation Act of 1972:  Amendments—   Construction moratorium, extension 1170   Experts and consultants, employment 1170   Increased funds authorized 1170  Appropriation for effecting provisions 822 Penny, composition of 1261 Pension Adjustment Act of 1974, Veterans and Survivors 1702 Pension Benefit Guaranty Corporation:  Advisory committee, establishment 1005  Employee benefit plans, reports to 840  Establishment 1004 Pension Benefit Plans, Advisory Council on Employee Welfare and, establishment 895 Pension Plans Disclosure Act, Welfare and, Amendment, repeal 851 Pension Reform Act. See Employee Retirement Income Security Act of 1974 Pension Task Force, Joint, establishment 999 People’s Counsel, Office of the, D.C., establishment 1975 People’s Republic of China, exhibition of the archeological finds of, indemnification agreement 143 Perishable Agricultural Commodities Act, 1930, Amendments, marketing practices, violation, monetary penalty 423 Permanent International Commission of the Congresses of Navigation, increase of funds 39 Petroleum Allocation, Office of, transfer of functions to Federal Energy Administration 100 Petroleum Allocation Act of 1973, Emergency, Amendment, extension 1608 Petroleum and Petroleum Products:  Modification of importation, proclamation 2510  Southeast Asia, denial of funds for export to non-United States nationals 1232 Petroleum Reserves, Naval, appropriation for 1218 Philippines, Republic of the, medical care grants, appropriation for 1105 Piscataway Park, Md., acquisition of lands 1304 Plant Health Inspection Service, Animal and, appropriation for 195, 217, 1824 Plums, export grade standards 1966 Point Reyes National Seashore, Calif., additional lands 1744 Poison Prevention Week, National, 1974, proclamation 2449 Police:  Capitol Police—   Appropriation for 434   Overtime compensation 430  International Criminal Police Organization, United States membership dues, increase 1422  Training, use of foreign assistance for, prohibition 1804 Police and Firemen’s Salary Act of 1958, District of Columbia, Amendments, technical amendments 2173 Policemen and Firemen’s Retirement and Disability Act, Amendments:  Disability retirement—   Pay computation 2177   Recommendation, examination 1040, 1041  Survivor benefits 1041 Political Organizations, tax treatment 2116–2121 Pollution:  Clean Air Act. See separate title.  Coast Guard vessels, abatement of pollution by, appropriation authorization 1181  Deepwater ports, marine environmental protection; oil discharge prohibition, liability 2137, 2141–2145  Federal Water Pollution Control Act—   Amendment, program extension 1924   Appropriation for effecting provisions 1836   Public facility and housing assistance, applications in areas affected by major disasters, priority 151  Federal Water Pollution Control Act Amendments of 1972, appropriation for effecting provisions 1836  Intervention on the High Seas Act 8C74  Marine Protection, Research, and Sanctuaries Act of 1972, Amendments—   Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matters, implementation 50   Ocean dumping provisions, extension 1430  Military departments, air and water pollution abatement programs 1746, 1750, 1751, 1754  Navy pollution abatement craft, appropriation authorization 400  “Woodsy Owl”, name, character, or slogan, use and reproduction 244 Pollution Control Facilities, amortization provisions, extension 2109 Population Growth, foreign assistance programs relating to, additional funds authorized 1795 Population Year, World, 1974, proclamation 2489 Pork, temporary quantitative limitation on importation into the United States from Canada, importation 2540 Port Week, National, 1974, proclamation 2446 Portal-to-Portal Pay Act of 1947, Amendment, statute of limitation, suspension 61 Portugal and Portuguese Colonies, assistance to 1818, 1867 Postal Service, United States:  Annual budget 288  Appropriation Act, 1975 616  Appropriation for 213, 616, 1780  Civil Service Retirement and Disability Fund, payments to 354  Employees, withholding certain city taxes 294  General provisions, Appropriation Act 629, 630  Passport application execution fees 1151  Postage rates, adjustments, extension 287  Postmaster General, National Commission on Electronic Fund Transfers, member 1508  United States mail, transportation in foreign air transportation, rates 2103 Postal Service Appropriation Act, 1975 616 Potomac River Basin, Interstate Commission on the, appropriation for 791 Power Commission, Federal:  Appropriation for 228, 791  Hydroelectric energy facilities for transmission between Canada and the United States, Presidential permit, authority to issue 260  Solar Energy Coordination and Management Project, member 1432 Practice of Psychology Act Amendments 1615 Prayer for Peace Memorial Day, May 27, 1974, proclamation 2482 President of the United States:  Air services to nations aiding terrorists, suspension authority 413  Appointments by—   Blind and Other Severely Handicapped, Committee for Purchase from, member 393   Coordinating Council on Juvenile Justice and Delinquency Prevention, members 1116   Copyrighted Works, National Commission on New Technological Uses of, members 1874   Council on Wage and Price Stability, Director and members 750   District of Columbia Law Revision Commission, members 480   Education officers of the United States 559   Federal Election Commission, members 1281   Federal Paperwork, Commission on, members 1790   Geothermal Energy Coordination and Management Project, member 1081   Intergovernmental Advisory Council on Community Services, members 2297   National Advisory Committee for Juvenile Justice and Delinquency Prevention, members 1117   National Commission on Electronic Fund Transfers, members 1508   National Commission on Supplies and Shortages, members 1168   National Study Commission on Records and Documents of Federal Officials, member 1700   Pension Benefit Guaranty Corporation, advisory committee, members 1006   Privacy Protection Study Commission, members 1905   Recovery Planning Council, member 160   Solar Energy Coordination and Management Project, member 1432   Trade Negotiations, Advisory Committee for, members 1996   White House Conference on Education, National Conference Committee to guide and plan, members 598   White House Conference on Library and Information Services, advisory committee of, members 1857  Appointments by, with advice and consent of the Senate—   Alcohol, Drug Abuse, and Mental Health Administration, Administrator 134   Building Sciences, National Institute of, Board of Directors 730   Commodity Futures Trading Commission, Chairman and Commissioners 1389   Community Services Administration, Director, Deputy Director and Assistant Directors 2310, 2311   Energy Research and Development Administration, Administrator, Deputy Administrator, and Assistant Administrators 1234, 1235   Federal Energy Administration, Administrator, Deputy and Assistant Administrators, and General Counsel 97, 98   Federal Procurement Policy, Office of, Administrator 797   Harry S Truman Scholarship Foundation, members 2277   Juvenile Justice and Delinquency Prevention, Office of, Assistant Administrator 1113   Legal Services Corporation, Board of Directors, members 379C75   National Fire Prevention and Control Administration, Administrator and Deputy Administrator 1536   National Institutes of Health, Director 360   National Study Commission on Records and Documents of Federal Officials, members 1700   National Transportation Safety Board, members 2167   Nuclear Regulatory Commission, members 1243   Rehabilitation Services Administration, Commissioner 1617   Special Representative for Trade Negotiations; Deputy Special Representatives for Trade Negotiations 1999   United States Fish and Wildlife Service, Director 92   Women’s Educational Programs, Advisory Council, members 555  Conventional arms trade 1817  Countries engaged in certain trade or shipping, assistance prohibition, waiver authority 1805  Deepwater ports, negotiations with Canada and Mexico 2147  Disaster preparedness program, establishment 145  Economic Report, Joint Economic Committee’s filing date, extension 49  Election of 1972, illegal and unethical activities, hearings and report, printing of additional copies 2404  Executive Office—   Appropriation Act, 1975 617   Appropriation for 216, 617, 1780   Compensation of the President, appropriation for 617   Council of Economic Advisers—    Appropriation for 216, 617    National Commission on Productivity and Work Quality, cooperation 237   Council on International Economic Policy, appropriation for 216, 617   Council on Wage and Price Stability—    Appropriation for 1781    Establishment 750   Domestic Council, appropriation for 617   Economic Advisers, Council of—    Appropriation for 216, 617    National Commission on Productivity and Work Quality, cooperation 237   Economic Opportunity, Office of—    Appropriation for 204    Intergovernmental Advisory Council on Community Services, establishment 2297    Wage information on certain employees, elimination of report requirement 1970   Energy Resources Council, establishment 1241   Environmental Quality, Council on. See separate title.   Federal Energy Office, appropriation for 280, 618   Federal Procurement Policy, Office of—    Appropriation for 1780    Establishment 797    International Economic Policy, Council on, appropriation for 216, 617    Management and Budget, Office of. See separate title.    National Commission on Productivity, appropriation for 618    National Security Council, appropriation for 618    Special Action Office for Drug Abuse Prevention—     Appropriation for 619     Coordinating Council on Juvenile Justice and Delinquency Prevention, member 1116    Special Representative for Trade Negotiations, Office of the—     Appropriation for 216, 1206     Establishment of new; abolishment of former 1999, 2000     Product sectors of manufacturing, establishment 1984     Trade agreements, cooperation 1995, 1998    Telecommunications Policy, Office of, appropriation for 216, 618    White House Office, appropriation for 216,619  Executive residence, appropriation for 216, 617  Federal Election Campaign Act Amendments for 1974 1263  Foreign Assistance Act of 1974 1795  Former—   Appropriation for 1782   Office staff, etc., appropriation for 628   Richard M. Nixon—    Pardon, granting to, proclamation 2502    Recordings and materials of, preservation 1695    Tapes and documents in Federal custody, prohibition of transfer 1783  Former Presidents Act of 1958, appropriation for effecting provisions 1782  Funds appropriated to—   Disaster relief assistance 199   Economic stabilization activities 217   Federal Disaster Assistance Administration 200   Foreign assistance 217   Indochina postwar reconstruction assistance 199  Hopi-Navajo Tribe land dispute, interagency committee to assist Mediator, establishment 1712  Indochina, economic aid 1805, 1806  Joint Funding Simplification Act of 1974 1604  Nuclear materials and technology, review of exports and safeguards 1557  Proclamations. See separate title.  Reports to Congress. See Congress, Reports to.  Trade agreements—   Consultation with congressional committees 1983   General policy and sector advisory committees, establishment 1996  Water and related resources projects, study 34  White House Conference on Library and Information Services 1856C76 President of the United States, Reports Page to:  Agriculture, Department of—   Renewable Resource Program 477   Wilderness areas, additional, suitability review 2098   Youth Conservation Corps program 1068  Child Abuse and Neglect, Advisory Board on, programs assisted under 8  Commerce, Department of—   Fire prevention and control 1545   High technology exports, license applications 1554   Import increases, assistance to firms injured by, study 2035  Commodity Futures Trading Commission, budget estimate 1390  Comptroller General, Legal Services Corporation, audit 387  Copyrighted Works, National Commission on New Technological Uses of, activities and recommendations 1875  District of Columbia Law Revision Council, annual 483  Education programs 508, 509, 511, 555, 598, 600, 608  Energy Research and Development Administration—   Helium, potential energy applications of, Federal program management 1238   Nonnuclear energy research and development, patent policies 1891  Environmental Quality, Council on, energy research and development, conduct 1892  Federal Election Commission, activities 1283  Federal Energy Administration, Federal Energy Administration Act of Federal Paperwork, Commission on, findings and recommendations 1790  Geothermal Energy Coordination and Management Project—   Activities 1088   Geothermal resources development, program definition 1082  Harry S Truman Scholarship Foundation, operations 2280  Health, Education, and Welfare, Department of—   Aging, research program 186   Blind vendors, nationally administered retirement, pension, and welfare insurance system, study 1630   Health care costs and financing, resources, and health of the Nation’s people 368   White House Conference on Handicapped Individuals 1633  Hoover Institution on War, Revolution, and Peace, Stanford University, Calif., expenditure of funds 1919  Housing and Urban Development, Department of, solar heating and cooling programs 1073, 1076  Intergovernmental Advisory Council on Community Services, annual 2297  Interior, Department of the—   Big Cypress National Preserve, Fla., suitability as a wilderness area 1261   Big Thicket National Preserve, Tex., Page suitability as a wilderness area 1257   Canaveral National Seashore, Fla., suitability as a wilderness area 2125   Cape Lookout National Seashore, N.C., suitability as a wilderness area 1449   Colorado River salinity control program 274   Salinity control units, planning reports 272   Youth Conservation Corps program 1068  International Trade Commission, United States—   Communist country imports, market disruption, investigation 2062   Estimated expenditures and appropriations 2011   Import relief 2013, 2018   Imports, exports, and production, statistical enumeration, study 2074   Unfair import practices, determination 2055  Juvenile Justice, Advisory Committee on Standards for, recommendations 1128  Labor, Department of, trade-related unemployment, worker adjustment assistance, study 2020  Law Enforcement Assistance Administration, juvenile delinquency programs 1114, 1127  Legal Services Corporation, annual 386  Management and Budget, Office of, Commission on Federal Paperwork recommendations, status of action taken 1790  Modification or discontinuation of certain 1969–1972  National Aeronautics and Space Administration, solar heating and cooling systems, comprehensive plan 1073  National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, activities 351  National Commission on Electronic Fund Transfers, findings and recommendations 1509  National Commission on Productivity and Work Quality, activities 237  National Institute of Arthritis, Metabolism, and Digestive Diseases, Arthritis Plan, proposed activities and evaluation 2224  National Institute of Corrections, annual 1141  National Planning and Advisory Council, White House Conference on Handicapped Individuals 1633  Pension Benefit Guaranty Corporation, activities 1014  President’s Biomedical Research Panel 361  Privacy Protection Study Commission, recommendations, activities 1906, 1909  Solar Energy Coordination and Management Project, activities and comprehensive program definition 1437  Study Commission on Records and Documents of Federal Officials, National, findings and recommendations 1701  Supplies and Shortages, National Commission on, recommendations 1169C77  Trade Negotiations, Advisory Committee for, trade agreements 1997  Transportation, Department of—   High-speed ground transportation between major west coast cities, feasibility study 1532   Railroad safety 2164  Veterans Administration—   Aged veterans and widows, needs and problems 1705   Tuition assistance allowance program abuses, study 1581 President of the United States, Reports to for Transmittal to Congress:  Building Sciences, National Institute of, activities, annual 733  Energy Research and Development Administration—   Activities 1251   Transfer of certain functions to Defense Department, recommendations 1252  Environmental Protection Agency, rural water survey 1694  Housing and Urban Development, Department of, mobile home construction and safety standards 714  Nuclear Regulatory Commission, activities 1252  Railroad Retirement Board, annual 1340  Transportation, Department of, hazardous materials, transportation of 2160  Wage and Price Stability, Council on, activities, findings, and recommendations 751  White House Conference on Library and Information Services, final report 1857 Presidential Primary Matching Payment Account Act 1297 Presidential Recordings and Materials Preservation Act 1695 Presidential Transition Act of 1963, appropriation for effecting provisions 1782 President’s Award For Outstanding Public Safety Service, establishment 1544 President’s Biomedical Research Panel, establishment 361 President’s Committee on Employment of the Handicapped, appropriation for 223 President’s National Commission on Productivity, renamed the National Commission on Productivity and Work Quality 236 Pretrial Services Agencies, establishment 2086 Pribilof Islands, appropriation for administration of 209, 218, 1198 Price Stability Act, Council on Wage and 750 Printing House for the Blind, American, appropriation for 1646 Prison Industries, Incorporated, Federal:  Appropriation for 223, 1208  Employees, retirement benefits 355 Prison System, Federal, appropriation for 223, 1194 Prisoners of War and Missing in Action, deceased, funeral transportation and living expense benefits to families of 53 Prisons, Bureau of:  Appropriation for 223, 1194  Employees, retirement benefits 355  National Institute of Corrections, establishment 1139 Privacy Act of 1974 1896 Privacy Act of 1974, Family Educational Rights and 571 Privacy Protection Study Commission, establishment 1905 Private Grievances and Redress, Office of, establishment 112 Proclamations:  American Education Week, 1974 2533  American Forestry Week and World Forestry Day, 1974 2459  American Heart Month, 1974 2444  Armed Forces Day 2460  Ball bearings, modification of trade agreement concessions; adjustment of duty 2464  Bill of Rights Day—Human Rights Day and Week 2543  Brandy, modification of trade agreement concessions; adjustment of duty 2494  Cabrillo National Monument, Calif., boundary enlargement 2514  Cancer Control Month, 1974 2469  Captive Nations Week, 1974 2492  Cattle, beef, veal, swine, and pork, temporary quantitative limitation on importation into the United States from Canada 2540  Child Health Day, 1974 2524  Citizenship Day and Constitution Week, 1974 2503  Columbus Day, 1974 2499  Country Music Month, October 1974 2529  Drug Abuse Prevention Week, 1974 2531  Earth Week, 1974 2475  Emergency Medical Services Week, 1974 2535  Father’s Day, 1974 2486  Fire Prevention Week, 1974 2521  Flag Day and National Flag Week, 1974 2484  General Pulaski’s Memorial Day, 1974 2528  Immunization Action Week, 1974 2532  International Clergy Week in the United States 2439  International Women’s Year 1975 2442  Johnny Horizon ’76 Clean Up America Month 2508   Designation 1151  Law Day, U.S.A., 1974 2477  Legal Rights for Retarded Citizens Week, 1974 2481  Leif Erikson Day, 1974 2523  Loyalty Day, 1974 2461  March of Dimes Birth Defects Prevention Month, designation 1821  Meats, import limitations on certain 2454, 2540  Mother’s Day, 1974 2473  National Arthritis Month, 1974 2478  National Coin Week, 1974 2474  National Day of Prayer, 1974 2544  National Defense Transportation Day and National Transportation Week, 1974 2480  National Employ the Handicapped Week, 1974 2507  National Farm-City Week, 1974 2527  National Farm Safety Week, 1974 2450  National Forest Products Week, 1974 2496  National Hispanic Heritage Week, 1974 2501  National Hunting and Fishing Day, 1974 2513   Designation 1166C78  National Inventors’ Day, 1974 2447  National Legal Secretaries’ Court Observance Week, 1974 2530  Designation 1262  National Maritime Day, 1974 2468  National MIA Awareness Day 2441  National Nurse Week, 1974 2445  National Parkinson Week, 1974 2534  National Poison Prevention Week, 1974 2449  National Port Week, 1974 2446  National Safe Boating Week, 1974 2453  National School Lunch Week, 1974 2509  National Student Government Day, 1974 2498  National Volunteer Week, 1974 2476  NATO, 25th anniversary 2470  Nixon, Richard, granting pardon to 2502  Older Americans Month, 1974 2479  Pan American Day and Pan American Week 2472  Petroleum and petroleum products, modification of importation 2510  Prayer for Peace Memorial Day, May 27, 1974 2482  Red Cross Month, 1974 2456  Save Your Vision Week, 1974 2448  Small Business Week, 1974 2471  Tariff schedules, importation of agricultural commodities, amendments 2437, 2440, 2457, 2487  Tariffs and quota on certain sugars, sirups and molasses 2537  Thanksgiving Day, 1974 2536  United Nations Day, 1974 2490  United States Customs 185th Anniversary Year 2497  United States Space Week, 1974 2493  Designation 2406  Veterans Day, 1974 2525  Vietnam era draft evaders and military deserters, program for return 2504  Vietnam Veterans Day 2451  White Cane Safety Day, 1974 2491  Women’s Equality Day, 1974 2500  Designation 633  World Environment Day, 1974 2485  World Population Year, 1974 2489  World Trade Week, 1974 2463  Wright Brothers Day, 1974 2542 Procurement Policy, Office of Federal:  Appropriation for 1780  Establishment 797 Product Safety Commission, Consumer:  Appropriation for 1840  Federal mobile home construction and safety standards, cooperation 701  Fire safety standards for consumer products, assistance 1549 Productivity, National Commission on, appropriation for 618 Productivity and Work Quality, National Commission on, designation 236 Program Review and Evaluation, Office of, establishment 326 Property and Administrative Services Act of 1949, Federal. See Federal Property and Administrative Services Act of 1949. Property Management and Disposal Service, appropriation for 226 Psychologists, Clinical, Federal employee health benefits program participants, access to services of 398 Psychology Act Amendments, Practice of. 1615 Public Broadcasting, Corporation for, appropriation for 1649 Public Buildings Amendments of 1972, appropriation for effecting provisions 1646 Public Buildings Purchase Contract Act of 1954, appropriation for effecting provisions 1646 Public Buildings Service, appropriation for 226 Public Debt, Bureau of the, appropriation for 212, 225, 615 Public Documents Act 1698 “Public Financing of Federal Elections”, hearings, printing of additional copies 2426 Public Health Service:  Certain employees, retirement benefits 355  Medical officers in initial residency, continuation pay 792 Public Health Service Act:  Advisory committees established by, termination, effective date 2275  Amendments—   Alcohol and drug use, research 132   Area health services development funds 2273   Arthritis Coordinating Committee, establishment 2221   Arthritis Screening and Detection Data Bank, establishment 2222   Biomedical and behavioral research programs—    Institutional Review Boards, establishment 353    Peer review of grant applications and contract projects 360   Cancer program, extension 358   Comprehensive arthritis centers 2222   Diabetes Mellitus Coordinating Committee, establishment 377   Diabetes prevention and control programs; research and training centers 376   Drinking water, protection of underground sources of 1674   Health professions schools—    Financial distress grants, extension 347    Special project grants and contracts 354   Health resources development; state plan, allotments, loans, etc 2258–2273   Health services research and evaluation; health statistics 362   Health systems agencies 2229   Medical library assistance programs, extension and revision 371   National Advisory Council on Comprehensive Health Planning Programs, repeal of provision 2275   National Advisory Council for the Protection of Subjects of Biomedical and Behavioral Research, establishment 351   National Center for Health Service Research, establishment 363   National Center for Health Statistics, establishment 365   National guidelines for health planning 2227   National Institute of Mental Health, establishment 135C79   National Institute on Aging, establishment 185   National Research Service Awards 342   Public water systems, safety of 1661   Scholarship and student loan programs, extension 741   State health planning and development 2242   Sudden infant death syndrome—    Counseling, information, educational and statistical programs 91    Research 90   Uterine cancer diagnosis, trial program 359  Appropriation for effecting provisions 202, 818, 1637–1641, 1644, 1773  Repeal of certain provisions 362, 372, 373 Public Safety Service, President’s Award For Outstanding, establishment 1544 Public Safety Service, Secretary’s Award For Distinguished, establishment 1544 Public Works and Economic Development Act of 1965:  Amendments—   Disaster areas, economic recovery 160   Economic development planning grants 1159   Extension of program; authorization of funds 1158   Indian economic development 1162   Job opportunities program 1853   Public works and development facilities, grants and loans 161   Recovery Planning Council, designation 160   Redevelopment areas, business development assistance 1158   Regional excess property program 1162   Special economic development and adjustment assistance 1164   Supplemental and basic grants 1160  Appropriation for effecting provisions 1196  Public facility and housing assistance, applications in areas affected by major disasters, priority 151 Public Works for Water and Power Development and Atomic Energy Commission Appropriation Act, 1975 782 Pueblo of Acoma Tribe, N. Mex., land exchange with Forest Service 1738 Puerto Rico:  Blind vending facilities program on Federal property 1629  Caribbean Development Bank, participation in 1818  Child abuse and neglect, demonstration programs, treatment as a State 2310  Education programs—   Assistance 489, 611   Treatment as a State 611  Handicapped children in, education programs, grants 581  Imported coffee, duty 2071  Minimum wage, increase 56–58  Pension plans, tax exemption 942  San Juan National Historic Site, damage studies 1447  Social services programs, allotment of funds 2339 Pulaski’s Memorial Day, General, 1974, proclamation 2528 Radio Broadcasting, International, appropriation for 210 Radio Free Europe and Radio Liberty, grants, appropriation for funds 1204 Radioactive Materials, transportation on passenger-carrying aircraft, regulations 2159 Rail Corporation, Consolidated, North east Corridor project completion, cooperation 1527 Rail Passenger Service Act of 1970:  Amendments—   Customs inspection 1527   Discontinuance of service 1530   Experimental routes in major population areas, priority 1527   Intermodal transportation terminals, conversion of railroad terminals as 1528   National Railroad Passenger Corporation, stock ownership 1526   Northeast Corridor project, completion 1527   Passenger equipment, repair and maintenance 1527   Rail service beyond basic system 1527   Terminals of historical or architectural significance, preservation and reuse programs 1528  Appropriation for effecting provisions 211 Rail Reorganization Act of 1973, Regional. See Regional Rail Reorganization Act of 1973. Rail Safety Improvement Act of 1974 2164 Rail Services Planning Office, appropriation for 212 Railroad Administration, Federal:  Appropriation for 211, 224, 775, 1779, 2108  High-speed ground transportation, appropriation for research 211 Railroad Passenger Corporation, National. See National Railroad Passenger Corporation. Railroad Retirement Act, appropriation for effecting provisions 1650 Railroad Retirement Act of 1937, Amendments:  Retirement benefits, increase 1360  Revision 1305 Railroad Retirement Act of 1974 1305  Annuity eligibility requirements 1312  Automatic benefit eligibility requirement adjustments 1350  Court jurisdiction 1343  Employee annuities, computation 1319  Lump-sum payments 1334  Railroad Retirement Account 1346  Railroad Retirement Board, powers and duties 1338  Social Security Act, crediting service under 1349  Spouse and survivor annuities 1327 Railroad Retirement Board, appropriation for 229, 1650 Railroad Safety Act of 1970, Federal, Amendments:  Accident reports, violation of requirements, civil penalties 2165  Additional funds 2166  Comprehensive railroad safety report 164  Enforcement 2166 Railroad Unemployment Insurance Act, Amendment, technical 1359C80 Railroads:  Alaska Railroad, appropriation for 776  Amtrak Improvement Act of 1974 1526  Cumbres and Toltec Scenic Railroad Compact 1421  Employees, social security benefits 1312  High-speed ground transportation—   Appropriation for research 211   System between major west coast cities, feasibility study 1531  Integration with other modes of transportation, study 1534  National Railway Historical Society, Inc., Hawaii Chapter, surplus property donations 1742  Rail service continuation subsidies, eligibilities 1464  Rail terminals of historical or architectural significance, preservation or reuse program 1528  Railroad-highway crossings—   Demonstration projects, appropriation for 211, 773   Hammond, Ind., demonstration project 1575   Lafayette, Ind., demonstration project, study 2282  Railroad rolling stock, amortization provisions, extension 2109 Railway Association, United States:  Additional funds 1464  Appropriation for 212, 1780  Northeast Corridor project completion, cooperation 1527  Reporting date, extension 1464 Railway Labor Act, appropriation for effecting provisions 1650 Randolph-Sheppard Act, Amendments:  Program implementation 1623–1629  Repeal of certain provisions 1626 Randolph-Sheppard Act Amendments of 1974 1622 Rangeland Renewable Resources Planning Act of 1974, Forest and 476 Rayburn Library, Samuel, Tex., transfer of certain funds to from Eisenhower College, N.Y 1262 Real Estate Settlement Procedures Act of 1974 1724 Reclamation, Bureau of, appropriation for 207, 222, 785, 1778 Reclamation Development Act of 1974, The 1486 Reclamation Project Act of 1939, Amendment, reclamation project lands, classifications and reclassifications of, elimination of report requirement 1970 Reclamation Projects:  Alabama-Coosa River Basin 49  Apple Creek unit, Pick-Sloan Missouri Basin program, N. Dak., potential water resource development program, feasibility study 1498  Arkansas River Basin 49  Belle Fourche Dam, Belle Fourche project, S. Dak., rehabilitation 1495  Brazos River Basin 49  Cibolo project, Tex., construction, etc., authorization 1491  Coachella Canal of the Boulder Canyon project, Calif., canal or canal lining, construction 268  Colorado River Basin project, appropriation for 786  Colorado River Basin Salinity Control Page Act 266  Colorado River Basin salinity control projects, appropriation for 786  Colorado River storage project, incorporation of Page, Ariz 1486  Columbia River Basin 49  Florida, central and southern sections 49  Fryingpan-Arkansas project, Colo., construction, etc., increased authorization 1497  Glendo Dam and Reservoir, Wyo., road reconstruction 1496  Heron Reservoir, San Juan-Chama project, N. Mex., releases for recreation pool in Elephant Butte Reservoir 1498  Hidden Reservoir project, Calif., lake created by designated as Hensley Lake 1959  Klamath project, Oreg., transfer of certain lands to owners 1494  Lake Casitas Recreation Area, Calif., acquisition of additional land for open space 1493  Libby Dam Project, Kootenai River, Mont., funds for fish hatchery facilities 25  Mississippi River and tributaries 49  Missouri River Basin 49  Mountain Park project, water supply for Frederick, Okla 1492  Nueces River project, Tex., construction, etc., authorization 1496  Ohio River Basin 49  Ouachita River Basin 49  Red River Waterway project 49  Sacramento River, Calif., bank erosion control works and setback levees 49  San Joaquin River Basin 49  Savage Rapids Dam, Grants Pass Division, Rogue River Basin, Oreg., construction of improved anadromous fish passage 1498  Solano County Calif., potential water resource development program, feasibility study 1498  Solano project, Calif., recreation facilities, authorization 1494  South Platte River Basin 49  Susquehanna River Basin, North Branch 49  Upper Colorado River storage project, appropriation for 786  Upper Mississippi River Basin 49  Vernal Unit, Central Utah project and Emery County project, Utah, drainage construction 1495  White River Basin 49  Yuma, Ariz., municipal and industrial water delivery system, feasibility study 1498 Recreation, Bureau of Outdoor, appropriation for 805 “Recreation Imperative—The National Outdoor Recreation Plan, The”, printing of additional copies 2411 Red Cross, American National, disaster relief, cooperation 150 Red Cross, International Committee of the, increased U. S. contribution 199, 238 Red Cross Month, 1974, proclamation 2456 Regional Action Planning Commissions, appropriation for 1196C81 Regional Rail Reorganization Act of 1973:  Amendments—   Rail service continuation subsidies, eligibility 1464   United States Railway Association, additional funds; reporting date, extension 1464  Appropriation for effecting provisions 212, 1780, 2108 Rehabilitation Act Amendments of 1974 1617 Rehabilitation Act of 1973:  Amendments—   Program extension 1618, 1619   Rehabilitation Services Administration, transfer to Office of the Secretary of Health, Education, and Welfare 1617  Appropriation for effecting provisions 204, 1644 Rehabilitation Equalization Amendments Act of 1974, Veterans’ Education and 1958 Rehabilitation Service, Social and:  Advisory Board on Child Abuse and Neglect, member 7  Appropriation for 203, 1643 Rehabilitation Services Administration:  Adaptive equipment and adapted conveyances, research and development, cooperation 1737  Office for the Blind and Visually Handicapped, additional personnel 1629  Transfer to Office of the Secretary of Health, Education, and Welfare 1617 Religious Organizations, information systems maintained by, exemption from investigation by Privacy Protection Study Commission 1907 Renegotiation Act of 1951:  Amendment, extension 288  Study on by the Joint Committee on Internal Revenue Taxation 422 Renegotiation Board, appropriation for 229, 1102 Rental Housing, rehabilitation of low-income, amortization provisions, extension 2109 Reorganization Plans:  No. 2 of 1968, appropriation for effecting provisions 1097  No. 1 of 1973, appropriation for effecting provisions 1099  No. 2 of 1973, amendment, immigration inspection, transfer of functions to Treasury Department, nullification 50 Reports to Congress. See Congress, Reports to. Reports to the President. See President of the United States, Reports to. Republic of China, Formosa Resolution, repeal 1439 Research and Development:  Aeronautical and space research, appropriation for 276, 1100  Aging, program for research 186  Aircraft piracy, protection procedures and facilities 417  Armed Forces—   Aircraft, missies, vessels, etc., appropriation authorization 233, 401   Appropriation for 198, 1222  Atomic Energy Commission, facilities, etc., appropriation authorization 115  Bilingual education programs 511  Biomedical and behavioral research—   Federally funded research, nondiscrimination 353   Human subjects, protection 348   Peer review of grant applications and contract projects 360  Cascade Head Scenic-Research Area, Oreg., establishment 1732  Colorado River Basin salinity control programs 272  Dogs, use in biological or chemical warfare research, prohibition 406  Drinking water, contaminants in 1682  Economic development programs 2292, 2305, 2307, 2324  Education of gifted and talented children 548  Egg Research and Consumer Information Act 1171  Energy programs, appropriation for 1835  Energy Research and Development Administration. See separate title.  Environmental programs, appropriation for 1835  Federal Nonnuclear Energy Research and Development Act of 1974 1878  Fetal research—   Limitation 353   Study on 350  Fire prevention and control 1541  Fire Research Center, establishment 1546  Fire victims, treatment and rehabilitation 1547  Geothermal Energy Research, Development, and Demonstration Act of 1974 1079  Handicapped persons—   Adaptive equipment and adapted conveyances for 1737   Education of, increased funds authorized 585  Health sciences, international cooperation 367  High-speed ground transportation, appropriation for 211  Housing and urban problems, appropriation for 1097  Housing design and development demonstration for special needs, grants 738  Human subjects, informed consent requirement, restriction on funds 1652  Juvenile delinquency programs 1126  Maritime programs, appropriation for 1199  Medical and prosthetic research, appropriation for 1104  NASA, appropriation authorization 240  National Center for Health Services Research, establishment 363  National Center for Health Statistics, establishment 365  National Diabetes Mellitus Research and Education Act 373  National Mobile Home Construction and Safety Standards Act of 1974 704  National Research Act 342  National Research Service Award Act of 1974 342  Nuclear Regulatory Research, Office of, establishment 1246  Pension benefit plans 896, 1000  President’s Biomedical Research Panel, establishment 361  Solar Energy Research, Development, and Demonstration Act of 1974 1431  Solar heating and cooling systems 1072, 1074C82  Special Energy Research and Development Appropriation Act, 1975 276  Sudden infant death syndrome, grants for research 90  Transportation Department, appropriation for 769, 770, 771, 773, 775, 777  Underground and electric power transmission, appropriation for 279 Research on Aging Act of 1974 184 Reserve Forces Facilities Authorization Act, 1975 1770 Retarded Citizens Week, Legal Rights for, 1974, proclamation 2481 Retired Federal Employees Health Benefits Act, appropriation for effecting provisions 620 Retired Senior Volunteer Program, local contributions, restrictions 358 Retirement Act of 1974, Railroad 1305 Retirement Income Security Act of 1974, Employee. See Employee Retirement Income Security Act of 1974. Revenue Act of 1941:  Appropriation for effecting provisions 433  Repeal of certain provision 304 Revised Organic Act of the Virgin Islands, Amendment, conveyance of certain lands 1211 River and Harbor Act of 1948, Amendment, permanent International Commission of the Congresses of Navigation, increase of funds 39 River and Harbor Act of 1970, Amendments:  Chicago River, Ill., channel clearance 15  Great Lakes and Saint Lawrence Seaway, navigation season demonstration program, extension 32  Small boat harbor projects, operation and maintenance 15  Spoil disposal facilities, waiver of certain payments 20 River Basin Monetary Authorization Act of 1974 49 River Basin Monetary Authorization and Miscellaneous Civil Works Amendments Act of 1970, Amendment, Libby Dam project, Kootenai River, Mont., funds for fish hatchery facilities 25 Rivers and Harbors:  Big South Fork National River and Recreation Area, Tenn.-Ky., establishment 43  Chattooga River, N.C.-S.C.-Ga., component of national wild and scenic rivers system, designation 122  Chicago River, III., channel clearance 15  Colorado River Basin project, appropriation for 786  Colorado River Basin Project Act—   Amendment, Lower Colorado River Basin Development Fund, salinity control unit costs 273   Appropriation for effecting provisions 786  Colorado River Basin Salinity Control Act 266  Colorado River Basin salinity control projects, appropriation for 786  Colorado River Storage Project Act, amendment, Upper Colorado River Basin fund, salinity control unit costs 273  Deepwater Port Act of 1974 2126  Federal Columbia River Transmission System Act 1376  Fresno River, Calif., lake created by, designation as Hensley Lake 1959  Lower Saint Croix River Act of 1972, amendment, additional funds authorized 2096  Mississippi River, appropriation for flood control 207, 784  North Concho River, Tex., San Angelo Dam and Reservoir renamed the O. C. Fisher Dam and Lake 2173  Ohio and Erie Canal, Ohio, preservation study 1447  Sacramento River, Calif., bank erosion control works and setback levees 49  San Gabriel River, Tex., Laneport Dam and Lake renamed Granger Dam and Lake 2153  Upper Colorado River storage project, appropriation for 786  Water resources development projects 12–49  Wild and scenic rivers system, designating segments of certain rivers for possible inclusion in 2094  Wynoochee River, Wynoochee Dam and Lake, Wash., funds for fish hatchery facilities 25 Rocky Mountain National Park, Colo., additional lands 1445, 1447 Roosevelt Campobello International Park Commission, appropriation for 806 Runaway Youth Act 1129 Rural Areas:  Community economic development, special programs 2318  Drinking water survey 1693  Fire prevention and control improvement, assistance 1541  Highway public transportation demonstration program—   Additional funds authorized 2282   Appropriation for 773  Housing program 692–700  Medical facilities, modernization and construction, assistance 2258, 2263  Primary and secondary highway systems in, authorization of funds 2281  Rail services, integration with other modes of transportation, study 1534 Rural Development Act Consolidated Farm and, appropriation for effecting provisions 1831–1834 Rural Development Act of 1972, appropriation for effecting provisions 1825, 1826 Rural Development Loan Fund, administration of 2320 Rural Development Service, appropriation for 217, 1831 Rural Electrification Act of 1936, appropriation for effecting provisions 1831, 1832 Rural Electrification Administration, appropriation or 217, 1831 Rural Rehabilitation Corporation Trust Liquidation Act, appropriation for effecting provisions 1834 Safe Drinking Water Act 1660 Safety Board Act of 1974, Independent 2166C83 Saint Elizabeths Hospital:  Appropriation for 1640, 1773  United States prisoners, reimbursement for support 1194 Saint Lawrence Seaway Act, Amendment, Saint Lawrence Seaway Corporation, term of Administrator 1977 Saint Lawrence Seaway Development Corporation:  Administrator, term 1977  Appropriation for 225, 777 Saline Water, Office of, appropriation for 805, 1782 Saline Water Conversion Act of 1971, The:  Appropriation for effecting provisions 805  Program, authorization of funds 295 Salvation Army, disaster relief, cooperation 150 Samuel Rayburn Library, Tex., transfer of certain funds to from Eisenhower College, N.Y 1262 San Angelo Dam and Reservoir, Tex., name changed to O. C. Fisher Dam and Lake 2173 San Carlos Apache Indian Tribe, Ariz., lands held in trust for 1711 San Juan National Historic Site, Puerto Rico, damage studies 1447 Save Your Vision Week, 1974, proclamation 2448 School Aid Act, Emergency, Amendments:  Advisory councils, extension 612  Education parks provision, repeal 519  Extension 587  Mathematics, special projects for teaching 588 School Lunch Act, National. See National School Lunch Act. School Lunch Week, National, 1974, proclamation 2509 Schoolbus Safety Amendments of 1974, Motor Vehicle and 1470 Schools and Colleges:  Alcohol and Drug Abuse Education Act Amendments of 1974 1154  Athletic injuries, study 603  Busing orders, postponement of effectiveness 519  Campus disrupters, denial of financial assistance 1102, 1209, 1231, 1651  Community college programs, planning, time extension 606  Community Schools Act 549  Disaster assistance 522  District of Columbia—   Appropriation for 824   School fare subsidy, extension 446  District of Columbia, University of the, establishment 1424  Dropout prevention projects, extension 512  Eisenhower College, N.Y.—   Appropriation for payment to 1780   Transfer of proceeds from sale of certain coins to 1262  Emergency school aid 587  Ethnic heritage studies centers, extension 513  Federal City College, D.C., president of, appropriation for 824  Federal control of curriculum, instruction, administration, or personnel, prohibition 2294  Gallaudet College, D.C., appropriation for 204, 1646  Health professions schools, financial Page distress grants, extension 347  Hoover Institution on War, Revolution, and Peace, Stanford University, Calif., grants to 1918  Howard University, D.C., appropriation for 204, 1646  Impacted area programs, extension 521  Indian children, school construction for 2214  Indians in public schools, education of 2213  Intercollegiate athletic activities in federally assisted programs, proposed regulations 612  Model Secondary School for the Deaf, appropriation for effecting provisions 1646  National School Lunch and Child Nutrition Act Amendments of 1974 286  New Mexico State University, land conveyance 1375  Nutrition and health services, extension 512  Safe school study 602  School bus driver training 2291  Solar energy related education programs 1436  Students—   Employment 69   Financial evaluation 89   Loans, interest subsidy payments 87  United States Army Command and General Staff College, degree of master of military art and science, requirements 407  Veterans, educational assistance, time extension 176  Wake Forest University, N.C., sale of former consulate building in Venice to 84  Washington Technical Institute, D.C., appropriation for president of 824  Youth Conservation Corps facilities, availability 1067 Science Foundation, National. See National Science Foundation Science Foundation Act of 1950, National, appropriation for effecting provisions 276, 101 Science Foundation Authorization Act, 1975, National 1093 Science Information Exchange, Smithsonian, appropriation for 820 Seafood, purchase for domestic food assistance programs 340 Second Liberty Bond Act, public debt limit, temporary increase 285 Second Supplemental Appropriations Act, 1974 195 Secret Service, United States, appropriation for 213, 225, 616 Secretary’s Award For Distinguished Public Safety Service, establishment 1544 Securities and Exchange Commission, appropriation for 229, 1102 Securities Exchange Act of 1934, Amendment, Federal Home Loan Bank Board, certain securities, transfer of regulatory authority to 1503 Security Agency Appropriation Act, 1947, Federal, appropriation for effecting provisions 1636 Selective Service System, appropriation for 200, 229, 1102 Seminole Tribe, Fla., Big Cypress National Preserve, land use and visitor service contract rights 1260C84 Senate. See also Congress; Legislative Page Branch of the Government.  Adjournment 2398, 2399, 2400, 2402, 2404, 2411, 2425  Adjournment, ruling 2406  Adjournment, sine die 2433  Administrative provisions, appropriation for 427, 1776  Aeronautical and Space Sciences, Committee on, reports to—   Interior, Department of the, Canaveral National Seashore, Fla., land transfers 2122   NASA—    Funds, use 241, 242    Satellite services contracts 243  Agriculture and Forestry, Committee on, report to by, Commodity Futures Trading Commission, budget estimate and legislative recommendation 1390, 1391  Appropriation for 205, 214, 424, 1775  Appropriations, Committee on—   Bills and resolutions providing new spending authority, jurisdiction to report 317   Defense, Department of, elimination of certain reporting requirements 1968   Educational data consortium, participation 558   Reports to—    Army, Department of the, military construction, etc 1747    Commodity Futures Trading Commission, budget estimate 1390    Education, Office of—     Alcohol and drug abuse education projects 1156     Disaster assistance for schools, expenditures 532     Educationally deprived children, program evaluation 500    Health, Education, and Welfare, Department of—     Arthritis research, estimate of amount requested for 2221     Diabetes research, budget estimates 375     Sudden infant death syndrome research 90    Interior, Department of the—     Big Cypress National Preserve, Fla., land acquisition plan 1259     Big Thicket National Preserve, Tex., land acquisition plan 1256     Cuyahoga Valley National Recreation Area, Ohio, plans 1786    NASA, satellite services contracts 243    President of the United States—     Famine or disaster relief 1803     Middle East, assistance to nations in 1813   Spending authority and permanent budget authority, provisions of law, study 319  Armed Services, Committee on—   Aviation Career Incentive Act of 1974, progress report, cooperation 180   Defense, Department of, cataloging and standardization programs, modification of report to 1971   Reports to—    Air Force, Department of the, military construction, etc 1755    Army, Department of the—     Military construction, etc 1747     United States Army Command and General Staff College, degree criteria 407    Defense, Department of—     Military aid to South Vietnam, obligations of funds 405     Military construction, etc 1757     Nuclear weapons in Europe, study 402     Special pay program for medical officers 96     TRIDENT site area, assistance 1764    Environmental Protection Agency, national drinking water regulations, compliance duty, waiver for security purposes, notice 1689    Health, Education and Welfare, Department of, special pay program for medical officers 96    Navy, Department of the, military construction, etc 1751  Banking, Housing and Urban Affairs, Committee on, reports to—   Housing and Urban Development, Department of, elimination of certain report 1968   Small Business Administration, allegations of illegal conduct and investigations 746  Budget, Committee on the—   Additional budget reform proposals, study 326   Establishment 300   Reports to—    Congressional Budget Office, fiscal policy 304, 305    Congressional budget process 307    Joint Economic Committee, President’s Budget, economic evaluation 325  Commerce, Committee on, reports to—   Environmental Protection Agency—    New motor vehicles, fuel economy improvement standard, study 261    Public water systems safety program, implementation 1691   Transportation, Department of, new motor vehicles, fuel economy improvement standard, study 261  Committee employees, compensation 52  Contingent expenses, appropriation for 205, 214, 426, 433  District office equipment, purchase by members leaving office 1388  Federal Election Campaign Act Amendments of 1974 1263  Finance, Committee on—   Joint Pension Task Force 999   Pension plan termination insurance, proposed schedule 1012   Reports to—    Civil Service Commission, Federal employee health insurance, coordination with Medicare 1454    Health, Education, and Welfare, Department of—     Federal employee health insurance, coordination with Medicare 1454     Social security-income tax reporting, annual basis 1468C85    Joint Committee on Internal Revenue Taxation, Renegotiation Act of 1951, study 423    U.S. imports and exports, statistics 2075   Retirement plans, study, report 999   Trade agreements, consultation 1983  Foreign Relations, Committee on, reports to—   Defense, Department of, nuclear weapons in Europe, study 402   Overseas Private Investment Corporation, investment insurance, participation by private companies 765   President of the United States—    Defense articles or services, sale of 1814    Famine or disaster relief 1803    Middle East, assistance to nations in 1813   State, Department of—    Assistance to Vietnam; United States personnel abroad 1444    Debt modification proposals 290  Franked mail 52  Government Operations, Committee on, report by the Office of Federal Procurement Policy, proposed policy or regulation 799  Holmen, Karin B., compensation 444  Interior and Insular Affairs, Committee on—   Interior, Department of the, revolving fund for loans to Indian tribes, elimination of report to 1970   Reports to—    Agriculture, Department of, national wild and scenic rivers system, exclusion of designated rivers 123    Interior, Department of the—     Big Cypress National Preserve, Fla., land acquisition plan 1259     Big Thicket National Preserve, Tex., land acquisition plan 1259     Canaveral National Seashore, Fla., land transfers; development plan 2122, 2126     Cape Lookout National Seashore, N.C., master development plan 1449     Certain submerged lands, proposed conveyance 1211     Cuyahoga Valley National Recreation Area, Ohio, plans 1786, 1788     Havasupai Indians, Ariz., plan for use of lands held in trust for 2092     Historical and archeological data preservation program 175     Indian education assistance programs 2214, 2216, 2217     National wild and scenic rivers system, exclusion of designated rivers 123   Wilderness areas, maps and descriptions filed with 2155  Labor and Public Welfare, Committee on—   Community economic development programs, study and report 2329   Educational data consortium, participation 558   Joint Pension Task Force 999   Pension plan termination insurance, Page proposed schedule 1012   Reports to—    Education, Office of, alcohol and drug abuse education projects 1156    Education programs 509, 532, 545, 557, 560, 564, 565, 568, 571, 596    Health, Education, and Welfare, Department of—     Arthritis research, estimate of amounts requested for 2221     Biomedical and behavioral research, study 346     Certain reporting requirements 2275     Diabetes research, budget estimates 375     Sudden infant death syndrome research and counseling 90, 92     Termination of certain advisory committees, recommendations 2275    National Science Foundation, transfer of funds; activities 1095   Retirement plans, study, report 999  Members and employees, erroneous payment claims, waiver 394  Minority leader, appointments by, District of Columbia Law Revision Commission, member 481  Office of Management and Budget, Director and Deputy Director, confirmation 11  Post Office and Civil Service, reports to—   Civil Service Commission, Federal employee health insurance, coordination with Medicare 1454   Health, Education, and Welfare, Department of, Federal employee health insurance, coordination with Medicare 1454  President of the Senate—   Appointments by—    American Indian Policy Review Commission, members 1910    Commission of Federal Paperwork, members 1790    Harry S Truman Scholarship Foundation, members 2277   Reports to—    American Indian Policy Review Commission, final 1913    Federal agencies, freedom of information activities 1564    Federal Procurement Policy, Office of—     Activities and recommendations 798     Procurement study 797    Health, Education, and Welfare, Department of, child day care services requirements, evaluation 2342    Interior, Department of the, geological survey report, modification 1971    Military departments, contract awards 1761    NASA—     Funds, use 241, 242     Satellite services contracts 243    National Science Foundation, transfer of funds 1095C86    Office of Education, public education, State equalization plan guidelines 610    President of the United States—     National Forest System, Renewable Resources Assessment and Program, Statement of Policy 478     Records maintained on individuals, disclosure, list of certain exempt records 1905    Transportation, Department of, Deepwater Port Act of 1974, administration, activities, recommendations 2146    Veterans Administration, dependency and indemnity compensation claims, study 183  President pro tempore—   Appointments by—    Congressional Budget Office, Director 302    District of Columbia Law Revision Commission, member 480    National Commission on Records and Documents of Federal Officials, members 1699    White House Conference on Education, National Conference Committee to guide and plan, members 598    White House Conference on Library and Information Services, advisory committee of, members 1857   Reports to, Energy Research and Development Administration, joint Federal-industry corporations, establishment 1885  Public Works, Committee on, reports to—   Engineers, Corps of, water resources development projects 13, 17, 28   Environmental Protection Agency—    New motor vehicles, economy improvement standard, study 261    Transportation regulations, study 257   Transportation, Department of, new motor vehicles, fuel economy improvement standard, study 261  Reports to—   Appropriations, Committee on, spending and permanent budget authority, recommendations 319   Budget, Committee on the—    Additional budget reform proposals, study 327    Congressional budget process 307    Off-budget agencies, study 325   General Accounting Office, audit of the Small Business Administration 750   Unfair trade practices 2042  Secretary of the, Federal Election Commission, ex officio member 1280  Senate Procedure, 1974 edition, appropriation for preparing 426  Veterans’ Affairs Committee on, report by the Veterans Administration, education loans, default experience and rate 1591 Sequoia National Park, Calif., use of certain lands within for a hydroelectric project 1660 Sewall-Belmont House National Historic Site, D.C., designation 1463 Sex, Discrimination on the Basis of, Prohibition:  Boy Scouts of America, exemption 1862  Camp Fire Girls, exemption 1862  Credit transactions 1521  Energy research and development and nuclear regulatory programs 1254  Exemption for membership in certain organizations 1862  Federal Energy Administration programs, exclusion from participation in, or denial of benefits of 109  Girl Scouts, exemption 1862  Intercollegiate athletic activities in federally assisted education programs, proposed regulations 612  Little League Baseball, Inc., girls, equal participation 1744  Naval Sea Cadet Corps youth programs 1575  Schools of medicine 347  Women’s educational programs 554, 555  Young Men’s Christian Association, exemption 1862 Shipping Act, 1916, Amendment, barge operations 1966 Shoe Lathes, temporary suspension of duty 235 Shoreline Erosion Advisory Panel, establishment 27 Shoreline Erosion Control Demonstration Act of 1974 26 Shortages Act of 1974, National Commission on Supplies and 1167  Appropriation for effecting provisions 1781 Shrimp Fisheries Act of 1973, Offshore, appropriation for effecting provisions 209 Silk Yarns, duty suspension, extension 1549 Silver and Gold, transactions for delivery pursuant to leverage contracts 1405 Sirups, Sugars, and Molasses, tariffs and quota on certain, establishment, proclamation 2537 Sisseton and Wahpeton Sioux, N. Dak.-S. Dak—  Lake Traverse, land acquisition 1468  Lands in trust 1465 Siuslaw National Forest, Oreg., boundary extension 1733 Sleeping Bear Dunes National Lakeshore, Mich., appropriation ceiling increase 1446 Small Business Act, Amendments:  Associate Administrator for Minority Small Business, designation 748  Chief Counsel for Advocacy, designation 749  Loan programs 742–749  Outstanding loan ceiling, increase 742  Reporting requirements, modification 1972  Small businesses affected by the energy crisis, loans 748 Small Business Administration:  Appropriation for 210, 229, 1205, 1779  Audit by General Accounting Office 750  Community development corporations, availability of assistance to, regulations 2321  Import increases, firms adversely affected by, assistance 2032C87  Indian Financing Act of 1974, management and technical assistance, cooperation 83  Reporting requirements, modification 1972  Surety Bond Guarantee Fund, transfer of funds to 1779  Surety bond program, study 749 Small Business Amendments of 1974 742 Small Business Investment Act of 1958, Amendments:  Business loans, interest rate, limitation 1559  Lease and surety bond guarantees, revolving funds, creation 747  Surety bond guaranty maximum, increase 747 Small Business Week, 1974, proclamation 2471 Smith-Lever Act, appropriation for effecting provisions 1825, 1826 Smithsonian Institution:  Appropriation authorization 339  Appropriation for 229, 819  Board of Regents—   Burden, Dr. William A. M., reappointment 795   Gell-Mann, Dr. Murray, appointment 800   Haskins, Dr. Caryl P., reappointment 795  National Air and Space Museum, appropriation for 820  National Gallery of Art, appropriation for 821  National Zoological Park, appropriation for 820  Science Information Exchange, appropriation for 820  Woodrow Wilson International Center for Scholars, appropriation for 821 “Smokey Bear”, name and character, use and reproduction, restrictions 244 Smokey Bear, return to Capitan, N. Mex. on his death 2421 Social and Economic Statistics Administration:  Appropriation for 218, 1196, 1643  Census, Bureau of the—   Education Statistics, Advisory Council on, member 556   Records maintained on individuals, disclosure to 1897 Social and Rehabilitation Service:  Advisory Board on Child Abuse and Neglect, member 7  Appropriation for 203, 1643 Social Security Account Numbers, disclosure to Federal, State, or local agencies 1909 Social Security Act:  Amendments—   Aged, blind, and disabled, supplemental security income benefits—    Cost-of-living adjustments 422    Reimbursements to States for interim assistance payments 420   Approval of certain projects, report modification 1971   Benefits for aged, blind, and disabled, unearned income computation 1460   Child support and establishment of paternity 2351   Deferred vested benefits, notice to claimant 947   Educational grants to States 2350   Farm rental income, exclusion from coverage 422   Health insurance for Federal employees, deadline for coordination with Medicare, postponement 1454   Old-age, survivors, and disability insurance benefits, Montana, policemen and firemen 2386   Provider Reimbursement Review Board, review of decisions 1459   Railroad Retirement Act of 1974, conforming amendments 1357   Repeal of certain provisions 2349   Social services, grants to States for 2337   Technical 2348  Appropriation for effecting provisions 1635, 1637, 1641, 1643–1647, 2107  Certain approved projects under, report on by Department of Health, Education, and Welfare, modification 1971  Presumptive disability benefits, time extension 52 Social Security Administration, appropriation for 204, 221, 1644 Social Security Amendments of 1965, appropriation for effecting provisions 1644 Social Security Amendments of 1972:  Amendment, inspectors of long-term care institutions, payments to, effective date, extension 422  Appropriation for effecting provisions 1773 Social Services Amendments of 1974 2337 Society of American Archivists, National Study Commission on Records and Documents of Federal Officials, appointment of member 1700 Soil Bank Act, appropriation for effecting provisions 1829 Soil Conservation and Domestic Allotment Act, appropriation for effecting provisions 1829, 1838 Soil Conservation Service, appropriation for 195, 217, 1836 Solar Energy, use for heating and cooling homes, demonstration 738 Solar Energy Coordination and Management Project, establishment 1432 Solar Energy Information Data Bank, establishment 1435 Solar Energy Research, Development, and Demonstration Act of 1974 1431 Solar Energy Research Institute, establishment 1436 Solar Heating and Cooling Demonstration Act of 1974 1069  Appropriation for effecting provisions 1772 Solar Heating and Cooling Information Data Bank, establishment 1075 Soldiers’ and Airmen’s Home, United States, appropriation for 219, 1651 Solid Waste Disposal Act, Amendment, extension of authorizations 1974 South Carolina:  Cape Romain Wilderness, designation 2154  Chattooga River, component of national wild and scenic rivers system, designation 122  Clarendon County, conveyance of mineral interests in 187, 189  Ellicott Rock Wilderness, designation 2097  Lee County Board of Education, conveyance and release of interests in land 1383C88 South Dakota:  Belle Fourche Dam, Belle Fourche project, rehabilitation 1495  Sisseton and Wahpeton Sioux Tribe—   Lake Traverse Reservation, land acquisition 1468   Lands in trust 1465 Southeast Asia, military decorations for service in, time limit for award of, extension 1422 Southeastern Power Administration, appropriation for 789 Southwestern Power Administration, appropriation for 222, 789 Soviet Refugees:  Appropriation for assistance 1867  Authorization of funds 1439 Space Museum, National Air and, appropriation for 820 Space Week, United States, designation authorization 2406 Special Action Office for Drug Abuse Prevention:  Appropriation for 619  Coordinating Council on Juvenile Justice and Delinquency Prevention, member 1116 Special Energy Research and Development Appropriation Act, 1975 276 Special Projects Act, new title for the Cooperative Research Act 544 Special Representative for Trade Negotiations, Office of the:  Appropriation for 216, 1206  Establishment of new; abolishment of former 1999, 2000  Product sectors of manufacturing, establishment 1984  Trade agreements, cooperation 1995, 1998 Speedy Trial Act of 1974 2076 Spessard L. Holland Visitor Center, Fla., designation 2124 Spokane Indian Reservation, Wash., nontaxable trust lands 142 Sport Fisheries and Wildlife, Bureau of:  Appropriation for 200, 222  Federal agency loan of personnel and equipment 123  Replaced by United States Fish and Wildlife Service 92 Spring field Armory National Historic Site, Mass., establishment 1461 SS Independence, sale to foreign registry 288 Standards, National Bureau of:  Appropriation for 1198  Energy-related inventions, evaluation 1894  Solar heating and cooling systems, cooperation 1071, 1072, 1074, 1075, 1078 State, Department of:  Appropriation Act, 1975 1187  Appropriation for 199, 207, 224, 1187  Appropriations, requirement of prior authorization 1442  Bureau of Oceans and International Environmental and Scientific Affairs, Assistant Secretary for, compensation 238  Center for Cultural and Technical Interchange Between East and West, appropriation for 208, 1191  Common carrier applications, notice of certain to 1577  Deepwater ports, safety zones; international agreements 2138  Department of State Appropriations Authorization Act of 1973, amendments—   Additional funds authorized 237   Technical 238  Educational Exchange—   Additional funds authorized 237, 1439   Appropriation for 208, 224  Energy Resources Council, member 1241  Exhibition of the archeological finds of the People’s Republic of China, in demnification agreement 143  Exports subject to national security control, technical advisory committees for, member 1553  Fishery management jurisdiction, enforcement study, cooperation 1183  Foreign affairs—   Additional funds authorized 237, 1439   Appropriation for administration 207, 224, 1187  Foreign Assistance Act of 1974 1795  Foreign Disaster Assistance Act of 1974 290  Foreign Service—   Officers, assignment to public organizations 1440   Personnel, death gratuities 1441  Foreign Service Buildings Act, 1926—   Amendment, construction and maintenance abroad, additional authorization 83   Appropriation for effecting provisions 1188  General provisions, Appropriation Act 1191, 1208  Indochina, economic aid 1805, 1806  International air transportation, discriminatory and unfair practices, review 2102  International Boundary and Water Commission, United States and Mexico, appropriation for 224, 1189  International Boundary Commission, United States and Canada, appropriation for 1190  International fisheries commissions, appropriation for 1191  International Joint Commission, United States and Canada, appropriation for 1190  International organizations. See separate title.  Intervention on the High Seas Act, nomination of experts and arbitrators 10  Metropolitan Museum of Art, N.Y., indemnification agreement 1444  Migration and refugee assistance—   Appropriation for 199   Authorization of funds 1439  Oil spills, uniform law for liability, study 2145  Passport fees 1151  Protection from terrorism, appropriation authorization 238  Salinity control programs downstream from the Imperial Dam, Colorado River Basin, cooperation 270  Secretary of, National Study Commission on Records and Documents of Federal Officials, appointment of member 1700  Soviet refugees, assistance, authorization of funds 1439C89  Student dependents of employees, travel Page expenses 1443  Trade agreements, cooperation 1995  United States Ambassadors, authority and responsibilities abroad 1442  United States mail, transportation in foreign air transportation, rates 2103  Vietnam, South, economic and military assistance plan, sense of Congress 1444  Wake Forest University, N.C., sale of former consulate building in Venice to 84 State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1975, Departments of 1187 State and Local Fiscal Assistance Act of 1972, Amendment, entitlement factors affected by major disasters 158 State Appropriations Authorization Act of 1973, Department of, Amendments—  Additional funds authorized 237  Political contributions of ambassadorial and ministerial nominees, report, publication 1440  Technical 238 State Department/USIA Authorization Act, Fiscal Year 1975 1439 “State Postsecondary Education Commissions”, printing for House Committee on Education and Labor 2405 Statewide Health Coordinating Council, organization and functions 2247 Statistical Reporting Service, appropriation for 217, 1826 Steel, exports to U.S., voluntary limitation 2073 Strategic and Critical Materials Stock Piling Act, appropriation for effecting provisions 627 Streambank Erosion Control Evaluation and Demonstration Act of 1974 21 Stroke, National Institute of Neurological Diseases and:  Appropriation for 1639  National Commission on Diabetes, member 374 Student Government Day, National, 1974, proclamation 2498 Student Loan Act of 1969, Emergency Insured:  Amendment, extension 89  Appropriation for effecting provisions 1642 Sudden Infant Death Syndrome Act of 1974 90 Sugar Act of 1948, appropriation for effecting provisions 1829 Sugars, Sirups, and Molasses, tariffs and quota on certain, establishment, proclamation 2537 Sullivan, Honorable Leonor K., unveiling of portrait proceedings, printing of additional copies 2431 “Summary of Veterans Legislation Reported, Ninety-third Congress”, printing of additional copies 2402 Summer Youth Recreation Program 2295 Sumner Dam and Lake Sumner, N. Mex., designation 1363 Supplemental Appropriations, urgent 76, 275, 2106 Supplemental Appropriations Act, 1975 1771 Supplies and Shortages, National Commission on:  Appropriation for 1781  Establishment 1168 Supplies and Shortages Act of 1974, National Commission on 1167  Appropriation for effecting provisions 1781 Supply Service, Federal, appropriation for 226, 626 Supreme Court of the United States. See under Courts, United States. “Surgeon General’s Report by the Scientific Advisory Committee on Television and Social Behavior”, hearings, printing of additional copies 2402 Susquehanna River Basin Commission, appropriation for 791 Swine, temporary quantitative limitation on importation into the United States from Canada, proclamation 2540 Synthetic Rutile, duty suspension, extension 1422 Tape Recordings, Presidental preservation 1695 Tariff Act of 1930:  Amendments—   Anti-price discrimination 2048   Countervailing duties 2049   Gifts sent from insular possessions, duty exemption 2075   Imports, exports, and production, uniform statistical data 2073   Unfair import practices 2053   United States International Trade Commission 2009–2011   U.S. manufacturers, producers, or wholesalers, petitions 2052  Import surcharge cases, review of protests, time extension 2075 Tariff Classification Act of 1962, modification of duties, proclamation 2438, 2441, 2458, 2488 Tariff Commission, United States:  Appropriation for 229, 1206  Name changed to United States International Trade Commission 2009 Tax Court of the United States:  Appropriation for 215, 629  Retirement plans, qualifications, declaratory judgments 949 Tax Lien Act of 1966, Federal, appropriation for effecting provisions 616 Tax Reform Act of 1969, Amendments, foundations, charitable distributions, exclusion of certain stock holdings 1467 Taxes:  District of Columbia real property tax 1052–1065  District of Columbia Revenue Act of 1947, amendment, corporate taxation 85  Employment tax—   Antipoverty agencies, withholding of certain 2315   Unemployment benefit reduction, tax credits 2025  Estate and gift tax, charitable trusts, extension of eligibility for deduction 1457  Excise tax—   Bows and arrows, postponement 238   Filled cheese, repeal of regulatory taxes 1466C90   Pension plans—    Individual retirement accounts, excess contributions and accumulations 966, 967    Minimum funding standards, failure to meet 920    Prohibited transactions 971    Self-employed individuals, excess contributions 955   Still wines, increased carbon dioxide in 1468   Wagers, reduction; information disclosure 1550  Income—   Antipoverty agencies, withholding of certain 2315   Armed Forces—    Members on death 1952    Members and civilians illegally detained in 1968, tax treatment 1953    Personnel, moving expense reimbursements, exemption 1466   Church retirement plans, exemption 926   Corporations filing consolidated returns, dividend income from life insurance affiliates 1454   Deductions—    Employer liability payments, contributions 1034    Pension trusts, employer contribution 921    Retirement savings 958    Savings accounts or deposits, interest penalties for premature withdrawal of 1458    Self-employed individuals, increase 952    Severance pay required by foreign law, employee contributions 942    Shareholder-employees, increase 952   Depletion allowance, decarbonation of trona, treatment process to be considered mining 1550   District of Columbia, campaign contributions, credit 470   Educational organizations, cooperative service organizations or, exemption 235   Employees’ trust, contributions to, exemption 992   Federal employees, withholding certain city taxes 294   Foreclosure property 2113   Individual retirement accounts 959   Insurance companies, lease guaranty insurance 1458   Interest penalties for premature withdrawal of savings, deduction 1458   Joint returns, filing by surviving spouse of Armed Forces member missing in action 1950   Legal Services Corporation, exemption 379   Low income rental housing, rehabilitation expenditures, special treatment 1456   Multiemployer pension plans, amortization 923   Pension Benefit Guaranty Corporation, exemption 1005   Pension plans termination—    Lump sum distributions 987    Recaptured income, period of limitation 1034   Political organizations 1291–1297, 2116   Puerto Rican pension plans, exemption 942   Retirement bonds 964   Self-employment net earnings, exclusion of farm rental income 422   Uniformed services, exclusion of scholarships 1458 Teachers’ Salary Act Amendments of 1974 1042  Technical amendments 2175 Technical Information Service, National, appropriation for 1198 Technical Interchange Between East and West, Center for Cultural and, appropriation for 208, 1191 Technology Assessment, Office of:  Appropriation for 436  Congressional Budget Office, utilization of services and facilities 303  National Commission on Electronic Fund Transfers, member 1508 Telecommunications, Office of, appropriation for 1198 Telecommunications Policy, Office of, appropriation for 216, 618 Telecommunications Service, Automated Data and, appropriation for 226, 627 Telescope Project, Canada-France-Hawaii, telescope and articles for, duty-free entry 2152 Television, public educational television, reading training courses, grants 595 “Television and Social Behavior, Surgeon General’s Report by the Scientific Advisory Committee on”, hearings, printing of additional copies 2402 Tennessee:  Andrew Jackson Lodge No. 5, Fraternal Order of Police, Nashville, land conveyance 19  Big South Fork National River and Recreation Area, establishment 43  Cohutta Wilderness, designation 2098  Cumberland Gap National Historical Park, acquisition and development ceiling increases; boundary changes 1445, 1446  Gee Creek Wilderness, designation 2097  Holifield National Laboratory, designation 1977  Joyce Kilmer-Slickrock Wilderness, designation 2097  Nolichuckey River, segment designated for possible inclusion in the national wild and scenic rivers system 2095  Oak Ridge National Laboratory, designated as Holifield National Laboratory 1977  West Tennessee tributaries, land conveyance 15 Tennessee Valley Authority, appropriation for 791 Tennessee Valley Authority Act of 1933:  Amendment, Federal procurement of property and services, increased ceiling 390  Appropriation for effecting provisions 791 Territorial Affairs, Office of, appropriation for 812 Teton National Forest, Wyo., land exchange 1843C91 Texas:  Big Thicket National Preserve, establishment 1254  Cibolo project, construction, etc., authorization 1491  Cross Timbers National Grasslands, designation as Lyndon B. Johnson National Grasslands 188  Laneport Dam and Lake, name changed to Granger Dam and Lake 2153  Lyndon B. Johnson National Grasslands, designation 188  Nueces River project, construction, etc., authorization 1496  Samuel Rayburn Library, transfer of certain funds to from Eisenhower College, N.Y 1262  San Angelo Dam and Reservoir, name changed to O. C. Fisher Dam and Lake 2173 Thanksgiving Day, 1974, proclamation 2536 The District of Columbia Law Revision Commission Act 480 “The Marihuana-Hashish Epidemic and Its Impact on United States Security”, hearings, printing of additional copies 2426 The Reclamation Development Act of 1974 1486 “The Recreation Imperative—The National Outdoor Recreation Plan”, printing of additional copies 2411 Timber, sales contracts in major disaster areas 158 “To Save the Children: Nutritional Intervention Through Supplemental Feeding”, printing of additional copies 2403 Tobacco:  Acreage allotments or quotas, N.C. emergency lease or transfer 1416  Marketing quotas 1089 Tobacco and Firearms, Bureau of Alcohol, appropriation for 225, 614 Tort Claims, U.S. investigative or law enforcement officers, certain acts or omissions, liability 50 Trade Act of 1974 1978  General provisions 2071  Generalized system of preferences 2066  Import competition, relief from injury 2011  Negotiating and other authority 1982  Nondiscriminatory treatment, trade relations with countries not receiving 2056  Unfair trade practices, relief 2041 Trade Agreement Expansion Act of 1962, modification of duties, proclamations 2464, 2494, 2511, 2538 Trade Commission, Federal. See Federal Trade Commission. Trade Commission, United States International, new name for United States Tariff Commission 2009 Trade Commission Act, Federal. See Federal Trade Commission Act. Trade Development and Assistance Act of 1954, Agricultural, appropriation for effecting provisions 440, 627, 1188, 1823, 1828 Trade Expansion Act of 1962:  Amendments—   National security, investigation by Department of the Treasury 1993   Repeal of certain provisions; technical 2072  Appropriation for effecting provisions 202, 1635 Trade Impacted Area Council for Adjustment Assistance, establishment 2036 Trade Negotiations, Advisory Committee for, establishment 1996 Trade Negotiations, Office of the Special Representative for:  Appropriation for 216, 1206  Establishment of new; abolishment of former 1999, 2000  Product sectors of manufacturing, establishment 1984  Trade agreements, cooperation 1995, 1998 Trade Week, World, 1974, proclamation 2463 Trademark Act of 1946, Amendments:  Filing of oppositions, time extension; reasons of appeal, elimination; attorney fees 1955  Patent Office, name changed to Patent and Trademark Office 1949 Trademark Office, Patent and, new name for Patent Office 1949 Traffic and Motor Vehicle Safety Act of 1966, National, See National Traffic and Motor Vehicle Safety Act of 1966. Traffic Safety Administration, National Highway, appropriation for 211, 224, 775 Transportation, Department of:  Airport and Airway Development Act of 1970, appropriation for effecting provisions 771  Appropriation Act, 1975 768  Appropriation for 210, 224, 280, 768, 1779, 2108  Coast Guard, United States. See separate title.  Daylight saving time, conversion to year-round, final report, time extension 1209  Deepwater Port Act of 1974 2126  Elderly persons, transportation projects for, cooperation 357  Fare-free mass transportation systems, study 1574  Federal-Aid Highway Act of 1968, appropriation for effecting provisions 774  Federal-Aid Highway Act of 1973. See separate title.  Federal Aviation Act of 1958. See separate title.  Federal Aviation Administration—   Air Transportation Security Act of 1974 415   Appropriation for 224, 771   Grants-in-aid for airports, availability of funds 1779   Military participation under agreements with Armed Forces, elimination of report requirement 1970  Federal Boat Safety Act of 1971, appropriation for effecting provisions 770  Federal Highway Administration, appropriation for 211, 224, 772  Federal Railroad Administration—   Appropriation for 211, 224, 775, 1779, 2108   High-speed ground transportation, appropriation for research 211  Foreign air transportation, security standards 414  General provisions, Appropriation Acts 779  Hazardous Materials Transportation Act 2156C92  Hazardous Materials Transportation Control Act of 1970, repeal 2163  High-speed ground transportation between major west coast cities, feasibility study 1531  Highway railroad grade crossings, demonstration project in Hammond, Ind 1575  Highway Safety Act of 1973; appropriation for effecting provisions 773  Highways. See separate title.  Independent Safety Board Act of 1974 2166  Interagency Committee on Federal Activities for Alcohol Abuse and Alcoholism, member 133  International air transportation, discriminatory and unfair practices, review 2102  Lowell Historic Canal District Commission, ex officio member 2330  Mass transportation, biennial authorization request, elimination 1970  Motor vehicle fuel system integrity standard 1482  Motor Vehicle Information and Cost Savings Act—   Amendment, motor vehicle demonstration projects 1485   Appropriation for effecting provisions 775  Motor vehicle or replacement equipment defects, notification 1470  National Capital Transportation Act of 1969, appropriation for effecting provisions 779  National Highway Traffic Safety Administration, appropriation for 211, 224, 775  National Railroad Passenger Corporation. See separate title.  National Transportation Safety Board—   Appropriation for 225, 777   Establishment 2167  Northeast Corridor project completion, cooperation 1527  Oil spills, uniform law for liability, study 2145  Personnel and equipment, loan to Bureau of Sport Fisheries and Wildlife 124  Pipeline safety and operation, standards and regulations 2146  Rail Safety Improvement Act of 1974 2164  Rail services, integration with other modes of transportation, study 1534  Research and development, appropriation for 769, 770, 771, 773, 775, 777  Saint Lawrence Seaway Development Corporation—   Administrator, term 1977   Appropriation for 225, 777  Secretary, Office of the, appropriation for 280, 769  Transportation regulations study, cooperation 257  Urban Mass Transportation Act of 1964. See separate title.  Urban Mass Transportation Administration, appropriation for 776, 1780  Urban mass transportation systems, investigation of safety hazards 1572 Transportation Act, Department of, Amendments:  Conforming amendments 2173  Transportation of hazardous materials 2163  Union Station, D.C., model intermodal transportation terminal at 1533 Transportation Act of 1940, Amendment, transportation payments, audit 1959 Transportation Act of 1964, Urban Mass. See Urban Mass Transportation Act of 1964. Transportation Assistance Act of 1974, National Mass 1565 Transportation Barriers Compliance Board, Architectural and:  Consumer Advisory Panel, appointment 1621  Program extension 1619 Transportation Day and National Transportation Week, National Defense, 1974, proclamation 2480 Transportation Fair Competitive Practices Act of 1974, International Air 2102 Transportation Safety Act of 1974 2156 Transportation Safety Board, National:  Appropriation for 225, 777  Establishment 2167 Transportation Security Act of 1974, Air 415 Travel Act of 1961, International:  Amendment, foreign air transportation, promotion of travel on United States carriers in 2105  Appropriation for effecting provisions 1197 Travel Expenses for Government Employees, restrictions 1784 Travel Service, United States, appropriation for 218, 1197 Traveler’s Checks and Money Orders, disposition of abandoned 1525 Treasury, Department of:  Accounts, Bureau of, appropriation for 210, 212, 225, 614  Actuaries, Joint Board for the Enrollment of, establishment 1002  Adjustment Assistance Trust Fund, establishment 2026  Alcohol, Tobacco and Firearms, Bureau of, appropriation for 225, 614  Appropriation Act, 1975 613  Appropriation for 210, 212, 225, 613, 1780  Bonneville Power Administration fund, establishment 1378  Check forgery insurance fund, availability extension 1738  Coinage—   American Revolution Bicentennial coins, continuation of minting authority 1739   Composition of one-cent piece 1261   Proof coins, proceeds from sale of, transfer to Eisenhower College, N.Y 1262  Community Adjustment Assistance Fund, establishment 2040  Comptroller of the Currency, Office of the—   Banks, unfair or deceptive practices in or affecting commerce, enforcement of regulations 2196   National Commission on Electronic Fund Transfers, member 1508  Customs Service, United States—   Appropriation for 225, 614   Border facilities, funds for, increase 794C93   Immigration inspection, transfer of certain functions to, nullification 50  District of Columbia real property tax revenues, deposit 1052  Employee Retirement Income Security Act of 1974 829  Engraving and Printing, Bureau of, audit requirement, revision 1964  Federal employees, withholding certain city taxes, agreement with city 294  Federal Home Loan Bank obligations, increased authority to purchase 1506  Federal Law Enforcement Training Center, appropriation for 225, 613  Fiscal, budgetary, and program-related data and information systems 327  Fiscal year, change to begin October 1 321  Fishermen’s Protective Fund, appropriation for 210  Fishery management jurisdiction, enforcement study, cooperation 1183  Foreign Investment Study Act of 1974 1450  General provisions, Appropriation Acts 616, 629, 630  Geothermal Resources Development Fund, establishment 1087  Government Financial Operations, Bureau of, payments to Eisenhower College, appropriation for 1780  Harry S Truman Memorial Scholarship Trust Fund, establishment 2279  Hoover Institution on War, Revolution, and Peace, Stanford University, Calif., grants to 1918  Hungary, claims against by American nationals 1386  Imports, exports, and production, uniform statistical data; study 2073, 2074  Imports, national security investigation 1993  Internal Revenue Service—   Additional positions 951   Appropriation for 212, 225, 615   Employee Plans and Exempt Organizations, Office of, establishment 951  International air transportation, discriminatory and unfair practices, review 2102  Lease and surety bond guarantees, revolving funds, creation 747  Lower income housing and State housing finance and development programs, direct financing, feasibility study 740  Medals, striking of—   International Exposition on Environment, Spokane, Wash., 1974, commemorative medals, authorization extension 1978   J. Edgar Hoover, commemorative medals 234   Jim Thorpe commemorative medals, authorization extension 1978   San Francisco cable cars, 100th anniversary, commemorative medals, authorization extension 1978  Medical facilities, modernization and construction; loan and loan guarantee fund, establishment 2267  Mint, Bureau of the, appropriation for 225,615  Mobile home importation 705  National Commission on Electronic Fund Transfers, member 1508  New motor vehicles, fuel economy Page study, cooperation 262  Pension Benefit Guaranty Corporation, member 1005  Pension benefit guaranty funds, establishment 1009  Public Debt, Bureau of the, appropriation for 212, 225, 615  Salary reduction regulations 992  Secret Service, United States, appropriation for 213, 225, 616  Secretary, Office of the, appropriation for 225, 613  Trade agreements, cooperation 1995  Trains, customs inspection procedures 1527  Treasurer, Office of the, appropriation for 225, 616  Veterans’ Administration Education Loan Fund, establishment 1591 Treasury, Postal Service, and General Government Appropriation Act, 1975 613 Tree Planting, assistance to States, appropriation for 817 Truman Memorial Scholarship Act, Harry S 2276 Trust Territory of the Pacific Islands:  Appropriation for 201, 812  Child abuse and neglect, demonstration programs, treatment as a State 2310  Excess Federal property, disposal 1926  Federal Credit Union Act, applicability 720  Handicapped children in, education programs, grants 581  Headstart programs, allotment of funds 2301  Medical facilities, modernization and construction projects, allotment of funds 2262  Micronesian Claims Fund, appropriation for payment to 813  Non-Federal public works, comprehensive planning program, inclusion 691  Public water system safety program 1693  Rural housing programs, inclusion 692  Teacher corps assistance 605 Truth in Lending Act, Amendments:  Advertising, more-than-four-installment rule 1517  Agricultural credit exemption 1517  Business credit cards 1519  Closing costs, full statement of 1519  Credit billing practices 1512–1517  Credit card fraud 1520  Fair credit billing rights, disclosure 1511  Multiple disclosures, liability 1518 Turkey, Military Assistance to:  Limitation 1868  Prohibition 1363  Suspension 1801 Tuskegee Institute National Historic Site, Ala., establishment 1462 Unemployment Assistance Act of 1974, Emergency Jobs and 1845  Appropriation for effecting provisions 2106, 2108 Unemployment Compensation Act of 1970, Federal-State Extended, Amendments:  National trigger, temporary reduction 1872  Unemployment insurance, time extension 53, 288, 420, 1872C94 Unemployment Compensation Act of 1971, Page Emergency, Amendment, advances to States, repayment method 420 Unemployment Compensation Act of 1974, Emergency 1869 Uniform Alcoholism and Intoxication Treatment Act, grants for implementation 128 Uniformed Services. See also Armed Forces and individual services.  Aviation Career Incentive Act of 1974 177  Aviation midshipman, service credit 1741  Claims, administrative settlement, increased limits 291  Enlistments, uniform qualifications for male and female persons 173  Insurance—   Servicemen’s Group Life Insurance—    Maximum coverage, increase 166    National Guard, inclusion 165    Reserve components, inclusion 165   Veterans’ Group Life Insurance 169  Medical officers—   Initial residency, continuation pay 792   Revised pay structure 95  Moving expenses, tax status of reimbursements for 1466  Pay and allowances—   Enlistment and reenlistment bonuses 119   Increases, computation 1152  Personal property claims, limit on payment, increase 1381  Retirement pay, survivor annuities 994  Scholarships, income tax exclusion 1458  Travel and transportation allowances to members incapacitated by illness 1743  Veterans’ Insurance Act of 1974 165 Union of Soviet Socialist Republics:  Fossil fuels in, loans for research and exploration; production loans, prohibition 2335, 2336  Limitation on credit to 2076 Union Station, D.C.:  Intermodal transportation terminal construction at 1528, 1533  Parking facilities adjacent to, construction 1449 United Arab Republic, restriction on assistance to, repeal 1813 United Nations Day, 1974, proclamation 2490 United Nations Educational, Scientific, and Cultural Organization, restriction on funds to 1798 United States Arms Control and Disarmament Agency:  Appropriation for 227, 1204  Authorization of funds 289 United States Army Command and General Staff College, degree of master of military art and science, requirements 407 United States Attorney for the District of Columbia, District of Columbia Campaign Finance Reform and Conflict of Interest Act, prosecution of violations 455, 470 United States Attorneys and Marshals, appropriation for 1192 United States Civil Service Commission. See Civil Service Commission, United States. United States Coast Guard. See Coast Guard, United States. United States Courts. See Courts, United States. United States Customs 185th Anniversary Year, proclamation 2497 United States Customs Service, appropriation for 614 United States Fish and Wildlife Service:  Appropriation for 805  Establishment of new 92 United States Housing Act of 1937:  Amendments, low-income housing assistance 653–667  Appropriation for effecting provisions 1096  Low rent public housing, annual contribution contracts, retroactive effect of repeal 668  Public facility and housing assistance, applications in areas affected by major disasters, priority 151 United States-Hungarian Claims Agreement, determination of American national claims settled by 1386 United States Information Agency:  Appropriation for 210, 229,1207  Authorization of funds 1439  International Ocean Exposition, authorization of funds for 194  Student dependents of employees, travel expenses 1443 United States Information and Educational Exchange Act of 1948:  Amendment, United States Information Agency, annual reports to Congress 1440  Appropriation for effecting provisions 1207 United States International Trade Commission:  East-West Trade Statistics Monitoring System 2065  Import relief, investigation 2011  Imports, exports, and production, uniform statistical data; study 2073, 2074  New name for United States Tariff Commission 2009  Reports to, trade monitoring system 2041  U.S. duties, articles for modification, advice to President 1994 United States Magistrates, appropriation for 1202 United States Military Academy, Laotian citizen, attendance 244 United States National Committee on Vital and Health Statistics, establishment 366 United States Postal Service. See Postal Service, United States. United States Railway Association:  Additional funds 1464  Appropriation for 212, 1780  Northeast Corridor project completion, cooperation 1527  Reporting date, extension 1464 United States Secret Service, appropriation for 213, 225, 616 United States Soldiers’ and Airmen’s Home, appropriation for 219, 1651 United States Space Week:  Designation 2406  Proclamation 2493 United States Tariff Commission:  Appropriation for 229, 1206  Name changed to United States International Trade Commission 2009 United States Tax Court, appropriation for 215C95 United States Travel Service, appropriation for 218, 1197 University of the District of Columbia, establishment 1424 Upholstery Regulators, Needles, and Pins, suspension of duty 2108 Upper Colorado River Storage Project, appropriation for 786 Urban Mass Transportation Act of 1964:  Amendments—   Biennial authorization request, elimination 1970   Bus purchases by certain public transit systems, Federal assistance, prohibition 737   Capital grants, alternate use of 1573   Formula grant program 1567   Long-range programs, increased grants and contract authority 1566   School bus operations, prohibition 1572  Appropriation for effecting provisions 776, 777 Urban Mass Transportation Administration, appropriation for 776, 1780 USIA Authorization Act, Fiscal Year 1975, State Department 1439 Utah:  Colorado River, segment designated for possible inclusion in the national wild and scenic rivers system 2094  Utah County, conveyance of mineral interests in 54  Vernal Unit, Central Utah project and Emery County project, drainage construction 1495 Ute Tribe of Indians, Utah, report on development program by Department of the Interior, elimination 1969 Veal, temporary quantitative limitation on importation into the United States from Canada, proclamation 2540 Vermont:  Bristol Cliffs Wilderness, designation 2097  Lye Brook Wilderness, designation 2097 Vessels:  Boilers and pressure vessels, safety standards 423  Deepwater ports, navigational safety; oil discharge, liability 2137, 2141–2145  Exchange for conversion and operation in unsubsidized service between west coast and Guam, contract amendment 232  Fishing, certain inspection and loadline requirements, exemption 1182, 1183  Foreign repairs and equipment on U.S. vessels, duty exemption 420  Government or charitable cargo in domestic offshore trade, regulation of rates 1463  Hazardous materials, transportation regulations, exemption of certain vessels 2158  Merchant Marine Act, 1936—   Amendment, National Defense Reserve Fleet, vessel exchange 1965   Appropriation for effecting provisions 1199  Miss Keku, documentation for use in American fisheries 2369  Nuclear powered naval vessels, construction 408  SS Independence, sale to foreign registry 288  Transportation of flammable or combustible liquid, prohibition 2163  U.S. warships, nuclear incidents involving, payment of claims and judgments 1611  Waste material, net tonnage 1694 Veterans. See also Veterans Administration.  Death compensation, increase 183  Disabled—   Automobiles and adaptive equipment benefits, extension of eligibility; maximum purchase assistance, increase 1736   Compensation, increase 181   Employment within the Federal Government 1593   Housing grants, maximum amount 1867   Special driver training courses 1736  Disabled Veterans’ and Servicemen’s Automobile and Adaptive Equipment Amendments of 1974 1736  Educational assistance—   Allowance increase 1579, 1958   Loan program 1589   Time extension 176  Educational programs, ten-year delimiting period 292  Employment assistance and preference 1592  Farm housing assistance, eligibility for preference 694  Flight training, increased assistance 1958  Legally disabled persons, payment of benefits to 183  Maximum home loan guarantee, increase 1864  Mobile home loans 1864–1866  On-job training allowance 1580, 1959  Reemployment rights 1594  “Summary of Veterans Legislation Reported, Ninety-third Congress”, printing on additional copies 2402  Veterans Housing Act of 1974 1863  Veterans’ Insurance Act of 1974 165  Vietnam era veterans, farm housing assistance, eligibility for preference 694  Vietnam Era Veterans’ Readjustment Assistance Act of 1974 1578  Vietnam Veterans Day, proclamation 2451  Vocational rehabilitation—   Cost of instruction payments to institutions of higher education 604   Subsistance allowance, increase 1578, 1958  Widows and children, dependency and indemnity compensation, increase 182  Wives and widows, educational assistance, eligibility period extension 292 Veterans Administration. See also Veterans.  Adaptive equipment and adapted conveyances for disabled persons, research and development 1737  Appropriation for 76, 199, 226, 275, 1103, 1772, 2107  Arthritis Coordinating Committee, member 2221  Chief Medical Director, adaptive equipment and adapted conveyances for disabled persons, research and development 1736  Dependency and indemnity compensation claims, study and report 183C96  Disabled veterans, employment within the Federal Government, regulations 1594  Employment, outreach and public information program 1848  Hospitals—   Admission for veterans suffering from alcoholism or drug abuse; confidentiality of records, regulations; report to congressional committees 131, 133, 139   Harry S Truman Memorial Veterans’ Hospital, Mo., designation 1957  Interagency Committee on Federal Activities for Alcohol Abuse and Alcoholism, member 133  National Commission on Arthritis and Related Musculoskeletal Diseases, ex officio member 2218  National Council on Health Planning and Development, ex officio member 2228  Philippines, Republic of the, medical care grants, appropriation for 1105  Real estate settlement—   Necessity for further congressional action, consultation 1730   Statement, standard form, consultation 1725  Tuition assistance allowance program abuses, study 1581  Veterans’ Canteen Service, audit requirement, revision 1964 Veterans and Survivors Pension Adjustment Act of 1974 1702 Veterans’ Benefits Calculator, printing of copies 2400 Veterans Day, 1974, proclamation 2525 Veterans Disability Compensation and Survivor Benefits Act of 1974 180 Veterans’ Education and Rehabilitation Equalization Amendments Act of 1974 1958 Veterans Employment and Readjustment Act of 1972, appropriation for effecting provisions 1635 Veterans Housing Act of 1974 1863 Veterans’ Insurance Act of 1974 165 “Veterans Legislation Reported, Ninety-third Congress, Summary of”, printing of additional copies 2402 Veterans’ Readjustment Assistance Act of 1974, Vietnam Era 1578 Vice President of the United States:  Appropriation for 424  Claims, erroneous payments, waiver 394  Federal Election Campaign Act Amendments of 1974 1263  Official temporary residence—   Appropriation for 618   Designation 340, 1764  Protective services for 1765 Vietnam:  Draft evaders and military deserters, program for return, proclamation 2504  International Commission of Control and Supervision in Viet-Nam, appropriation for 1189  Prisoners of war and missing in action, deceased? funeral transportation and living expense benefits to families of 53  U.S. contribution, authorization 1816  Veterans, prisoners of war, educational Page assistance, extension of eligibility period for former 292 Vietnam, International Commission of Control and Supervision in, authorization for U.S. share of contribution 1816 Vietnam, North:  Aid to nations trading with, prohibition 1801  Combat activities in or over, restriction on funds 232, 285, 1231  Reconstruction assistance, prohibition 232, 285 Vietnam, South:  Child care assistance 1808  Combat activities in or over, restriction on funds 232, 285, 1231  Economic and military assistance—   Limitations 1808   Plan, preparation by Department of State, sense of Congress 1444  Fertilizers, restriction on funds for 1363, 1795  Military assistance—   Appropriation for 1224   Authorizations 405   Restriction 1798  Military forces, funds for support 282  Relief and reconstruction, authorization of funds for 1807  U.S. civilian officers and employees in, limitation 1809 Vietnam-Era Veterans’ Readjustment Assistance Act of 1972, Amendment, wives and widows, educational assistance, eligibility period extension 292 Vietnam Era Veterans’ Readjustment Assistance Act of 1974 1578 Vietnam Veterans Day, proclamation 2451 Virgin Islands:  Child abuse and neglect, demonstration programs, treatment as a State 2310  Gifts sent from, duty and tax, exemption 2075  Handicapped children in, education programs, grants 581  Headstart programs, allotment of funds 2301  Medical facilities, modernization and construction projects, allotment of funds 2262  Minimum wage, increase 56–58  Social services programs, allotment of funds 2339  Submerged lands, conveyance to 1210 Virgin Islands National Park, Virgin Islands, appropriation ceiling increase 1445 Virginia:  Colonial National Historical Park, appropriation ceiling increase 1445  Great Dismal Swamp National Wildlife Refuge, establishment 801  James River Face Wilderness, designation 2098 Vision Week, Save Your, 1974, proclamation 2448 Visitor Center Facilities Act of 1968, National, Amendment, Union Station, D.C., construction of parking facilities adjacent to; additional funds 1449 Vital and Health Statistics, United States National Committee on, establishment 366C97 Vocational Education, National Advisory Page Council on:  Authority to accept gifts and transfer funds 1849  Career Education, National Advisory Council for, member 552 Vocational Education Act of 1963:  Amendments—   Advisory councils, extension 612   Bilingual vocational training 607   National Advisory Council on Vocational Education, authority to accept gifts and transfer funds 1849   Programs, extension 606  Appropriation for effecting provisions 1642, 1773 Vocational Rehabilitation Act, Amendment, elimination of report to Congress by National Center for Deaf-Blind Youths and Adults 1968 Volunteer Program, Retired Senior, local contributions, restrictions 358 Volunteer Service Act of 1973, Domestic:  Amendment, Retired Senior Volunteer Program, local contribution, restrictions 358  Appropriation for effecting provisions 1649 Volunteer Week, National, 1974, proclamation 2476 Volunteers in the National Forests Act of 1972, appropriation for effecting provisions 817 W. Turner Wallis Pumping Station, Fla., designation 141 Wage and Price Stability, Council on:  Appropriation for 1781  Establishment 750 Wage and Price Stability Act, Council on 750 Wake Forest University, N.C., sale of former consulate building in Venice to 84 War Claims Act of 1948, appropriation for effecting provisions 1636 Warren, Earl:  Funeral services, catafalque for 2405  Oil portrait and marble bust for Supreme Court Building 1362 Washington:  Aberdeen, storage space contracts, repayment terms 25  Ferry operations in 2284  Fishing vessels, certain inspection and load-line requirements, exemption 1182, 1183  International Exposition on Environment, Spokane, 1974, commemorative medals, authorization extension 1978  Kaniksu National Forest, land exchange procedures 1921  Spokane Indian Reservation, nontaxable trust lands 142  Wynoochee Dam and Lake, Wynoochee River, funds for fish hatchery facilities 25 Washington Metropolitan Area Transit Authority, appropriation for 212, 779 Washington Technical Institute, D.C., appropriation for president of 824 Water:  Colorado River Basin Salinity Control Act 266   Appropriation for effecting provisions 786  Reclamation Development Act of 1974, The 1486  Safe Drinking Water Act 1660  Saline Water Conversion Act of 1971, The—   Appropriation for effecting provisions 805   Program, authorization of funds 295 Water Bank Act, appropriation for effecting provisions 1829, 1839 Water Conservation Fund Act of 1965, Land and:  Amendment, Federal recreation areas, use fees 192  Appropriation for effecting provisions 621, 805 Water Pollution Control Act, Federal:  Amendments—   Extension of program 1924   Fish and wildlife enhancement, cost sharing requirements 33  Appropriation for effecting provisions 1836  Public facility and housing assistance, applications in areas affected by major disasters, priority 151 Water Pollution Control Act Amendments of 1972, Federal, appropriation for effecting provisions 1836 Water Project Recreation Act, Federal, Amendment, fish and wildlife enhancement, cost-sharing requirements 33 Water Quality, National Commission on, appropriation for 1836 Water Resources Council:  Appropriation for 791  Nonnuclear energy technology, water resource evaluation 1893 Water Resources Development Act of 1974 12  Amendment, Chester Bridge, Ill. and Mo., contract for operation, etc., time extension 1659 Water Resources Planning Act, appropriation for effecting provisions 791 Water Resources Research, Office of, appropriation for 222, 804 Water Resources Research Act of 1964:  Amendment, water research program, elimination of report requirement 1970  Appropriation for effecting provisions 804 Watergate Special Prosecution Force:  Appropriation for 1192  Certain Presidential recordings and materials, access 1696 Watershed Protection and Flood Prevention Act, appropriation for effecting provisions 1837 Weather Modification Activities Reporting, extension 1212 Welfare and Pension Benefit Plans, Advisory Council on Employee, establishment 895 Welfare and Pension Plans Disclosure Act, Amendment, repeal 851 West Virginia:  Dolly Sods Wilderness, designation 2098  Harpers Ferry National Historical Park, additional lands and interpretive shuttle service 1420  Otter Creek Wilderness, designation 2098C98 White Cane Safety Day, 1974, proclamation 2491 White House Conference on Education 597  National Conference Committee to guide and plan, establishment 598 White House Conference on Handicapped Individuals Act 1631 White House Conference on Library and Information Services 1856  Advisory Committee of, establishment 1857 White House Office, appropriation for 216, 619 Wild and Scenic Rivers Act, Amendments:  Authorization of funds 123  Chattooga River, N.C.-Ga., component of National wild and scenic rivers system, designation 122  Wild and scenic rivers system, designating segments of certain rivers for possible inclusion in 2094 Wilderness Areas:  Additional lands for inclusion in, study 2098  Big Cypress National Preserve, Fla., report on suitability as a wilderness area 1261  Big Thicket National Preserve, Tex., report on suitability as a wilderness area 1257  Canaveral National Seashore, Fla., report on suitability as a wilderness area 2125  Cape Lookout National Seashore, N.C., report on suitability as a wilderness 1449  Cherry Creek exclusion, Calif., review of suitability for preservation as a wilderness and addition to Hoover Wilderness 2155  Designation 1179, 2097, 2098, 2153–2155  Farallon Wilderness, Calif., designation 1744  Primitive area classifications within, abolishment 2155 Wildlife:  Great Dismal Swamp National Wildlife Refuge, Va.-N.C., establishment 801  Marine Mammal Commission, appropriation for 1205  Migratory birds, protection 190  Montana, land conveyance to for grazing purposes 25  Public lands, conservation and rehabilitation programs on 1369 Wildlife, Bureau of Sport Fisheries and:  Appropriation for 200, 222  Federal agency loan of personnel and equipment 123  Replacement by United States Fish and Wildlife Service 92 Wildlife Act of 1956, Fish and, Amendments:  Commissioner of Fish and Wildlife, abolishment 92  United States Fish and Wildlife Service, establishment of new 92 Wildlife Coordination Act of 1958, Fish and, appropriation for effecting provisions 783, 785, 788 Wildlife Refuge System, National, wilderness areas within, designation 2153 Wildlife Refuge System Administration Act Amendments of 1974, National 1603 Wildlife Refuge System Administration Act of 1966, National, Amendment, rights-of-way, easements, or reservations, payment of fair market value 1603 Wildlife Service, United States Fish and:  Appropriation for 805  Establishment of new 92 Wines, still, carbon dioxide in, increase 1468 Winter Olympic Games, 1980, congressional cooperation and support 2410 Wiretapping and Electronic Surveillance, National Commission for the Review of Federal and State Laws Relating to:  Appropriation for 1205  Extension; closed meetings 1972 Wisconsin:  Apostle Islands National Lakeshore, appropriation ceiling increase 1445  Rainbow Lake Wilderness, designation 2098  Wisconsin River, segment designated for possible inclusion in the national wild and scenic rivers system 2095 Women, integration into national economies 1818 Women’s Bureau, Advisory Council on Women’s Educational Programs, member 555 Women’s Educational Equity Act of 1974 554 Women’s Educational Programs, Advisory Council on, establishment 555 Women’s Equality Day:  Designation 633  Proclamation 2500 Women’s Year, International, 1975, proclamation 2442 Woodrow Wilson International Center for Scholars, appropriation for 821 Woodrow Wilson Memorial Act of 1968, appropriation for effecting provisions 821 “Woodsy Owl”, use and reproduction of name, character, or slogan, royalties and restrictions 244 World Environment Day, 1974, proclamation 2485 World Forestry Day, American Forestry Week and, 1974, proclamation 2459 World Population Year, 1974, proclamation 2489 World Trade Week, 1974, proclamation 2463 Wright Brothers Day, 1974, proclamation 2542 Wynoochee Dam and Lake, Wynoochee River, Wash., transfer of funds for fish hatchery facilities 25 Wyoming:  Clarks Fork River, segment designated for possible inclusion in the national wild and scenic rivers system 2094  Glendo Dam and Reservoir, road reconstruction 1496  Snake River, segment designated for possible inclusion in the national wild and scenic rivers system 2095  Sweetwater River, segment designated for possible inclusion in the national wild and scenic rivers system 2095  Teton National Forest, land exchange 1843 Young Marines of the Marine Corps League, surplus naval material, recipients 2147 Young Men’s Christian Association, exemption from sex discrimination prohibitions 1862C99 Youth:  Naval Sea Cadet Corps youth programs, discrimination on the basis of sex, elimination 1575  Runaway Youth Act 1129 Youth Conservation Corps:  Appropriation for 816  Expansion 1066  State projects, grant program 1067 Youth Conservation Corps Act of 1970, Amendment, expansion of program 1066 Youth Recreation Program, Summer 2295 Zoological Park, National, appropriation for 82 D1 INDIVIDUAL INDEX Amedeo, Cpl. Paul C 2388 Amundson, Selmer 2386 Aransas Pass, Tex 2391 Avery, Joseph H., Jr 2394 Balo nan, Caridad R 2381 Bautista, Charito F 2373 Beas, Robert J 2378 Bell, Jorge M 2368 Bellville Cemetery Association, N.Y 1382 Bokosky, Lidia M 2379 Brockhurst, Robert H 2394 Brown, Mrs. Rita P 2375 Burden, Dr. William A. M 795 Burger, Warren E 2399 Burroughs, Viola 2376 Cameron, William L., Jr 2390 Castin, Dulce P. (Castin-Casas) 2380 Chalaby, Kamal A 2370 Cosden, Joshua 2394 DeBow, Delmira 2389 Deihm, Mrs. Charles F 2424 del Rosario, Fernando L 2391 de Saint Andre, Lucille 2382 Dickson, Linda J. (nee Waters) 2379 Domanski, Mrs. Jozefa S 2369 Elson, Rev. Edward L. R 2399 Ford, Gerald R 2409 Ford, Mildred C 2372 Gell-Mann, Dr. Murray 800 Gh'tescu, Viorica A., Alexander, and Serban G 2377 Glockner, Ivy M 2381 Go, Gloria 2370 Greco, Giuseppe 2373 Greenewalt, Dr. Crawford H 800 Gutierrez, Melissa C. and Milagros C 2379 Harris, Georgina H 2366 Haskins, Dr. Caryl P 795 Head, Mary Red 2385 Holmen, Karin B 444 Hoover, Herbert 2407 Hoover, J. Edgar 234, 2399 Hoover, Lou H 2407 Jackson, Clarence 2369 Jewell, Keith 2394 Johnson, Raphael 2366 Johnson, Thomas C 2381 Jones, Nepty M 2389 Jose, Samuel C 2390 Judilla, Rito E 2367 Kiyonao Okami 2392 Korhonen, Michael A 2376 Kroll, Lester H 2375 La Capria, Salvatore 2394 Lomuscio, Nicola 2390 Lucas, Monroe A 2372 Maly, Wilhelm J. R 2368 Manemann, Michael D 2386 Martin, Robert J 2366 Massara, Aldo 2391 Moore, C. J., III 2394 Moore, Ursula E 2374 Morgan, Joe H 2380 Muto, Alphonso A 2394 Muto, Frank P 2394 Nixon, Richard M 1695, 2399, 2502 O’Neill, Arthur D 2394 O’Neill, Thomas D 2394 Palacay, Mrs. Gavina A 2372 Pasicaran, Virna J 2367 Pettit, Dominga 2367 Polly, Uhel D 2368 Rathbun, Emmett A. and Agnes J 2378 Reyes-Morelos, Jose I 2384 Riddle, J. B 2373 Robles, Arturo 2365 Rodino, Representative Peter W., Jr 2397 Rodriguez, Marcos R 2377 Scofield, Ernest E (Ernesto Espino) 2371 Scott, Arthur E 2394 Seelmeyer, Bertha 2394 Sejna, Jan 2385 Senko, Michael 2394D2 Siegal, Ann C 2394 Silva, Lance Cpl. Federico 2380 Sisler, Grace F 2371 Sterling, Judith E 2393 Stolsmark, Morena 2370 Strauss, Carl C. and Mary Ann 2393 Suchy, 2d Lt. Raymond W., USA (Ret.) 2388 Suleiman, Mahmood S 2369 Sullivan, Hon. Leonor K 2431 Tabayo, Flora D 2367 Teague, Charles M., estate of 205 Thomas, Charles W., estate of 2387 Tomasi, Anita 2384 Tyndall, Donald L. and children Bruce E., Kimberly F. and Lisa M 2382 Urban Renewal Agency, Aransas Pass, Tex 2391 Vanderventer, Mrs. Harriet La Pointe 2383 Van Zanten, Mrs. Zosima T 2366 Vo Thi Suong (Nini Anne Hoyt) 2369 Walz, August F 2365 Warren, Hon. Earl 1362, 2405 Wentz, James A 2374 Wide River Farms, Inc 1895 Wilkinson, F. Clyde 2394 Wisconsin Michigan Power Company, Milwaukee, Wis 2383